Case 3:13-cv-00326-TSL-JMR Document 1 Filed 05/30/13 Page 1 of 83

IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF MISSISSIPPI JACKSON DIVISION

)

JERMAINE DOCKERY, DAVID THOMPSON, )

JEFFERY COVINGTON, JOSEPH OSBORNE, )

COURTNEY GALLOWAY, PHILLIP

)

FREDENBURG, JOHN BARRETT,

)

TAFFOREST CHANDLER, DERRICK HAYES, )

SOUTHERN DISTRICT QI'DMISSISSIPPI
FILE~
E~L

ERIC WARD, CHRISTOPHER LINDSEY,

)

DEXTER CAMPBELL, ALVIN LUCKETT,

)

JAMES VANN, BENJAMIN McABEE, and

)

ANTHONY EVANS on behalf of themselves and )

all others similarly situated,

)

13Lr ~ ·.f~CV?{i(v. Plaintiffs, ) CLASS ACTION COMPLAINT ) Civil Action No.

v.

) )

-srnP

CHRISTOPHER EPPS, in his official capacity as

)

Commissioner of the Mississippi Department of

Corrections, GLORIA PERRY, in her official

)

)

capacity as Chief Medical Officer for the

)

Mississippi Department of Corrections, and

)

ARCHIE LONGLEY, in his official capacity as

Deputy Commissioner for Institutions of the

)

)

Mississippi Department of Corrections,

)

Defendants. )

INTRODUCTION 1. This is a class action filed on behalf of prisoners confined at the East Mississippi Correctional Facility (EMCF) near Meridian, Mississippi. EMCF was designed as the facility intended to provide treatment for Mississippi's seriously mentally ill prisoners in a safe, humane, and therapeutic environment. Today, EMCF is an extremely dangerous facility operating in a perpetual state of crisis, where prisoners live in barbaric and horrific conditions and their basic human rights are violated daily. Grossly inhumane conditions have cost many prisoners their

Case 3:13-cv-00326-TSL-JMR Document 1 Filed 05/30/13 Page 2 of 83
health, and their limbs, their eyesight, and even their lives. Defendants, high-ranking officials of the Mississippi Department of Corrections (MDOC), who are responsible for the health and safety of these prisoners, have known of these conditions for years but have failed to take reasonable steps to protect the prisoners in their charge.
2. EMCF's solitary confinement zones house dozens of seriously mentally ill prisoners who are locked down in filthy cells for days, weeks, or even years at a time. Many cells lack functioning toilets; prisoners defecate into Styrofoam trays or plastic trash bags and have no way of ridding their cells of the waste other than tossing it onto the housing unit through the slots in their cell doors, where it remains. It is commonplace for cells to lack working lights, leaving prisoners with barely enough light to see during the day and in total darkness at night. One of EMCF's solitary confinement areas is widely known by prisoners as "the Dead Man's Zone," or "Dead Area," because the prisoners are virtually unsupervised and their basic needs are ignored: Correctional officers seldom appear on the housing zones and prisoners are left to fend for themselves, sealed behind solid-front doors. Because there is insufficient officer staffing, prisoners are frequently left in the grime-covered shower stalls, wet, naked and cold for hours at a time. Setting fires is often the only way to get medical attention in emergencies.
3. Rats climb over prisoners' beds in the dark and mice crawl out of broken toilets. The extreme deprivations and extraordinarily harsh conditions at EMCF have even fostered commerce in rats: Some prisoners capture rats, put them on improvised leashes, and sell them as pets to the seriously mentally ill.
4. Among the hundreds of mentally ill prisoners at EMCF are many whose untreated illnesses lead to extreme behaviors such as screaming, babbling, throwing excrement, and starting fires. Suicide attempts are frequent; some are successful. Other prisoners engage in
2

Case 3:13-cv-00326-TSL-JMR Document 1 Filed 05/30/13 Page 3 of 83
gross acts of self-mutilation, including electrocution, swallowing shards of glass and razors, and tearing into their flesh with sharp objects. Defendants deny prisoners even rudimentary mental health treatment and, last year, reduced access to psychiatric care.
5. Medical staffhas ignored gangrenous wounds. One prisoner's scrotum swelled to the size of a softball before revealing a hard knot on his testicle. He was denied timely proper care for weeks and was later diagnosed with testicular cancer that had spread to his abdomen. Another prisoner is now legally blind after being denied treatment for glaucoma. Last month, staff placed a prisoner with a large, open wound in a cell in a filth-ridden solitary confinement unit. He developed a life-threatening infection and required emergency surgery.
6. Rapes, stabbings, beatings, and other acts of violence are rampant. Security staff is far too few in number and far too ill-trained and ill-supervised to protect prisoners at EMCF from violence. Management and Training Corporation (MTC), the private for-profit corporation with which MDOC currently contracts to operate EMCF, 1 provides only minimal training and places raw recruits on the job after a mere three-week training course. Some security officers are complicit or otherwise involved in prisoner-on-prisoner violence.
7. Poorly trained security staff rely heavily on excessive force to control prisoners, including mentally ill prisoners, even when no threat is posed. Officers fire Mace, pepper spray, and other incapacitating chemical agents into cells, including the cells of asthmatics and other medically-vulnerable prisoners, and then deny prisoners the opportunity to decontaminate or receive medical care.
8. MDOC frequently transfers pnsoners between EMCF and the Walnut Grove Correctional Facility ("Walnut Grove"), a prison currently under judicial supervisiOn and
1 Prior to July 2012, EMCF was operated by the GEO Group, Inc. ("GEO"), another for-profit private prison corporation.
3

Case 3:13-cv-00326-TSL-JMR Document 1 Filed 05/30/13 Page 4 of 83
monitoring by court-appointed experts following findings of unconstitutional conditions of confinement.2 Teenagers with mental illness who "age out" ofMDOC's Youthful Offender Unit ("YOU") on their 18th birthday are also at risk ofbeing transferred to EMCF.
9. Some youthful prisoners are transferred to EMCF long before their 18th birthdays: Defendants have housed children as young as 16 at EMCF. Defendants housed one 16-year-old prisoner in a cell with an adult who sexually assaulted him. Another youth, who is seriously mentally ill, was sent to EMCF at the age of 16, where he was housed in solitary confinement. Many prisoners are severely malnourished and chronically hungry. MDOC is well aware that the prisoners are being underfed: In 2011, a correctional health expert reported to MDOC that she observed significant weight loss-in some cases, 20 or 30 pounds-in her review of prisoners' medical records.3
10. Each of these conditions, by itself, places prisoners at a substantial risk of serious harm. Taken together, these conditions create an environment so toxic that they threaten the physical and mental health of all the prisoners exposed to them.
11. Defendants have the duty and responsibility to provide safe and humane conditions for the prisoners in their charge. They have abdicated this responsibility by turning MDOC facilities over to private for-profit contractors and then failing to monitor the contractors' performance or hold them accountable. Defendants are fully aware that their private contractors -who have a strong incentive to maximize profits at the expense of prisoner wellbeingroutinely subject the prisoners to unconscionably harsh and dangerous conditions.
2 Order Approving Settlement, DePriest v. Walnut Grove Carr. Auth., No. 3:10-cv-00663-CWR-FKB (S.D. Miss. Mar. 28, 2012) (Doc. No. 75) and Consent Decree (Doc. No. 75-3) attached thereto. 3 Expert Report of Madeleine L. LaMarre, MN, FNP-BC, on East Mississippi Correctional Facility, Presley v. Epps, No. 4:05-cv-00148-DAS (N.D. Miss. Nov. 8, 2011), (Doc. No. 151-8).
4

Case 3:13-cv-00326-TSL-JMR Document 1 Filed 05/30/13 Page 5 of 83
JURISDICTION 12. This action arises under the United States Constitution and 42 U.S.C. § 1983. Jurisdiction is proper in this Court pursuant to 28 U.S.C. §§ 1331 and 1343(a)(3).
VENUE 13. Venue in this Court is proper pursuant to 28 U.S.C. § 1391(b)(2) because a substantial part of the events and omissions giving rise to the claims of the Plaintiff class occurred in this district.
PARTIES NAMED PLAINTIFFS 14. All of the Plaintiffs are currently incarcerated at EMCF and, as set forth in the factual and class action allegations herein, bring this action on behalf of themselves and a class and subclasses of prisoners currently confined or who will be confined at EMCF. 15. Plaintiffs BENJAMIN McABEE, CHRISTOPHER LINDSEY and JAMES VANN, like all prisoners in the EMCF Class as defined below, have suffered or are at risk of suffering irreparable injury as a result of Defendants' deliberate indifference to their serious medical needs. 16. Plaintiffs DERRICK HAYES, JEFFERY COVINGTON, COURTNEY GALLOWAY, and DAVID THOMPSON, like all prisoners in the EMCF Class as defined herein, are subjected to excessive force by officers and are at a substantial risk of serious harm, including death. 17. Plaintiffs PHILLIP FREDENBURG and ERIC WARD, like all prisoners in the EMCF Class as defined herein, are at a substantial risk of serious harm in the form of being attacked by other prisoners.
5

Case 3:13-cv-00326-TSL-JMR Document 1 Filed 05/30/13 Page 6 of 83
18. Plaintiff JOHN BARRETT, like all prisoners in the EMCF Class as defined herein, is at a substantial risk of serious harm from malnutrition.
19. Plaintiffs ANTHONY EVANS, DEXTER CAMPBELL, and JOSEPH OSBORNE, like all prisoners in the Mental Health Subclass as defined herein, are placed at a substantial risk of serious harm by being denied care to meet their serious mental health needs.
20. Plaintiffs TAFFOREST CHANDLER, COURTNEY GALLOWAY, and ALVIN LUCKETT, like all prisoners in the Units 5 and 6 Subclass as defined herein, are forced to live in filthy, dangerous, and degrading conditions that place them at a substantial risk of serious harm.
21. Plaintiffs JERMAINE DOCKERY and DERRICK HAYES, like all prisoners in the Isolation Subclass as defined herein, are placed at a substantial risk of serious harm by being housed in solitary confinement where, in addition to the risks posed to their mental health, they are forced to live in dangerous conditions.
DEFENDANTS 22. Defendant CHRISTOPHER EPPS is Commissioner of the Mississippi Department of Corrections. By statute, MDOC is "vested with the exclusive responsibility for management and control of the correctional system, and all properties belonging thereto, subject only to the limitations of this chapter, and shall be responsible for the management of affairs of the correctional system and for the proper care, treatment, feeding, clothing and management of the offenders confined therein." Miss. Code Ann. § 47-5-23. The Commissioner has the duty and authority to do the following: "Establish the general policy of the Department" (§47-5-20); "implement and administer laws and policy related to corrections. . ." (§47-5-28(a)); and "establish standards. . . . and exercise the requisite supervision as it relates to correctional programs over all state-supported adult correctional facilities[.]" (§47-5-28(b)). As
6

Case 3:13-cv-00326-TSL-JMR Document 1 Filed 05/30/13 Page 7 of 83
Commissioner, Defendant Epps has the ultimate responsibility for ensuring that all prisons under the jurisdiction ofMDOC operate in compliance with state and federal law. Prisoners at EMCF have sent numerous complaints to Defendant Epps, and Defendant Epps has personally inspected EMCF on multiple occasions. At all times relevant hereto, he has acted under color of state law. Defendant Epps is sued in his official capacity. Additional allegations regarding Defendant Epps' conduct are set forth herein.
23. Defendant ARCHIE LONGLEY is Deputy Commissioner for Institutions (DCI). He replaced DCI Emmitt Sparkman on May 1, 2013. By law, the Deputy Commissioner for Institutions " ...shall administer institutions, reception and diagnostic centers, pre-release centers and other facilities and programs provided therein, and shall serve as the chief executive officer of the division of institutions ..." (Miss. Code Ann. §47-5-26). The DCI's responsibilities extend to all MDOC facilities, including EMCF. Defendant Longley's predecessor described the DCI as being "responsible for classification, records, training, agriculture, food service department, the training department, just entirely almost everything as far as it goes in the institution division." The DCI position involves conducting inspections of facilities, reviewing incident and use-of-force reports, and other oversight and direct management functions. Defendant Longley is aware of the problems at EMCF and has failed to take reasonable measures to abate the substantial risks of serious harm set forth herein. At all times relevant hereto, Defendant Longley has acted under color of state law. Defendant Longley is sued in his official capacity.
24. Defendant GLORIA PERRY is Chief Medical Officer for the Mississippi Department of Corrections and leads MDOC's Office of Medical Compliance. She is a boardcertified family medicine physician and is the most senior medical officer in MDOC, reporting
7

Case 3:13-cv-00326-TSL-JMR Document 1 Filed 05/30/13 Page 8 of 83
directly to Commissioner Epps. Dr. Perry's duties include being responsible for all specialty care provided to prisoners in MDOC custody, investigating and responding to complaints of inadequate care, and reviewing summaries of the deaths of prisoners who die in custody. Dr. Perry reviews and signs MDOC policies related to health care. At all times relevant hereto, she has acted under color of state law. Defendant Perry is sued in her official capacity. Additional allegations regarding Defendant Perry are set forth herein.
FACTUAL ALLEGATIONS SOLITARY CONFINEMENT 25. Prisoners in EMCF's solitary confinement units are locked behind solid-front doors for a minimum of 23 hours per day. They rarely see sunlight. So-called "yard time"prisoners' only exposure to the outdoors-is provided to prisoners in solitary confinement only occasionally and then only inside enclosures that block out most natural light. 26. In theory, prisoners in solitary confinement are permitted one hour of out-of-cell time per day, to exercise in the enclosures or to shower. In practice, they routinely go for days without being permitted to leave their cells at all-even for exercise or to shower. And during institutional lockdowns, which are frequent occurrences at EMCF, prisoners are often not permitted to leave their cells for weeks at a time. 27. At best, prisoners in solitary confinement at EMCF are subject to the following regtme: Mondays: One hour out of cell for showers or recreation Tuesdays: Locked in cell all day Wednesdays: One hour out of cell for showers or recreation Thursdays: Locked in cell all day Fridays: One hour out of cell for showers or recreation Saturdays: Locked in cell all day Sundays: Locked in cell all day
8

Case 3:13-cv-00326-TSL-JMR Document 1 Filed 05/30/13 Page 9 of 83
28. In reality, showers and recreation are provided much less frequently. For example, in May-June 2012, Leo Laurent did not get a shower for weeks-until the day before a visit from Plaintiff's Counsel. In September 2012, prisoners on Unit 5C had no showers for three weeks-until the day before a visit from Plaintiffs' Counsel. Conditions worsened considerably during the most recent lockdown, which began in April 2013 and lasted for three weeks following a deadly riot at another MDOC facility.
29. Toilets are left broken for long periods of time. Plaintiff Courtney Galloway was forced to use a trash bag for a toilet for over a month; Leo Laurent had to do so as well. Many of the toilets in Galloway's current unit, considered the "honor pod," leak feces. Bobby Trotter, who lives in Unit 5, has a "ping-pong" toilet: When a prisoner in another cell flushes the toilet, feces appear in Mr. Trotter's toilet.
30. Rats and other vermin infest the units. V'nell Miskell and Plaintiff Tafforest Chandler have had to place items like bed sheets under their doors to keep rats out.
31. At any given time, large numbers of prisoners live in cells without functioning lights. One prisoner's cell has been so dark that he needs to stand near the small window in the cell door to eat, read, or write. Plaintiff Benjamin McAbee lived in near darkness, without a working light in his cell, for a month. The only illumination came from a narrow window to the outside and the small window in his solid cell door. Many cells have exposed live wires, creating a risk of electrocution and fires. In May 2013, there was no electrical power on the top tier of Plaintiff Covington's zone for several days; prisoners lived in near darkness by day and total darkness by night. When Plaintiff Chandler complained about living in darkness, staff accused him of breaking his light and he was disciplined. He was later moved to another cell in another zone where, as of mid-May 2013, the light in his cell had been inoperable for a month.
9

Case 3:13-cv-00326-TSL-JMR Document 1 Filed 05/30/13 Page 10 of 83
32. Some prisoners in Units 5 and 6 are subjected to constant bright artificial light around the clock.
33. The noise in these units is often deafening. Prisoners bang and kick the metal cell doors. Many do so because it is the only effective way to summon help in emergencies. Others do so as a result of untreated mental illness.
34. Feces, urine, debris from fires, and other waste cover the floors. The floors in Unit 5 are black with grime; the walls and floors are covered with dried food and soot. The air is so contaminated from frequent fires that some prisoners expel black mucous from their noses. Prisoners with serious mental illness exacerbated by solitary confinement throw feces and urine. Other prisoners defecate into bags and food trays and throw them onto the zone because their toilets do not work, creating a cesspool. Plaintiff McAbee's cell has flooded with water carrying feces and trash. One prisoner described the result: "The smell just kills you, there is feces all around."
35. Cells and showers in Units 5 and 6 are filthy; some are infested with roaches. Security officers refuse to provide cleaning supplies to the prisoners and prison employees seldom, if ever, clean the units. Danyel Richardson has had to use his body soap to clean the black grime from the shower walls before showering. Plaintiff Tafforest Chandler has endured disgusting conditions including having to use the same bar of soap to clean both his cell and his body. The "Dead Area"
36. The solitary confinement areas of Unit 5 are commonly known as the "Dead Area," or "Dead Zone," because officers do their best to avoid the area. Security officers and medical staff rarely come on the unit to check on the welfare of prisoners. One prisoner
10

Case 3:13-cv-00326-TSL-JMR Document 1 Filed 05/30/13 Page 11 of 83
described it as "no man's land." Prisoners resort to setting fires to try to get staff attention, though security officers often simply ignore the fires and allow them to bum themselves out.
37. Some security staff beat and Mace prisoners in solitary confinement even when prisoners are fully restrained. Prisoner-on-prisoner stabbings and beatings are frequent because the locking mechanisms on the cell doors can readily be defeated, and some officers are complicit in unlocking doors to allow violence to occur. Many prisoners in solitary confinement bear scars as a consequence. "Some Guys Can't Take It Anymore."
38. Years of study have demonstrated the adverse impact of long-term solitary confinement on prisoners' mental health. Prisoners who enter solitary confinement free of symptoms may develop anxiety, panic attacks, paranoia, cognitive impairment, social withdrawal, somatic symptoms, hypersensitivity to external stimuli, and perceptual disturbances. Plaintiff Hayes reports that "some guys can't take it anymore." Defendant Epps recently remarked that prisoners in solitary confinement "change physically...It is my belief it affected them mentally."4
39. Prisoners with pre-existing mental illnesses are at risk for exacerbation of symptoms and decompensation. Prolonged solitary confinement can cause excruciating psychic pain.
40. In recent weeks, one prisoner set his clothes on fire; another tried to overdose on pills. Plaintiff Thompson, who suffers from symptoms of serious mental illness, has been in solitary confinement for more than two years. Plaintiff Covington reports that solitary confinement "drives [him] crazy at times." He believes that solitary confinement exacerbates his 4 CBS Evening News, May 18, 2013, http://www.cbsnews.com/8301-18563_162-57585177/mississippirethinks-solitary-confinement/ (accessed May 26, 2013).
11

Case 3:13-cv-00326-TSL-JMR Document 1 Filed 05/30/13 Page 12 of 83
paranoid schizophrenia. One prisoner is reported not to have left his cell in months; others scream, bang on doors, or talk to themselves. As discussed below, there is little access to mental health care for these prisoners. Mental health counselors come through the solitary confinement units once a week, but all they do is ask if anyone has "any issues." There is no privacy and, if a prisoner does have issues, there is no follow-up. As prisoners' mental health deteriorates, some mutilate their bodies and others take their own lives. Jermaine Dockery
41. Plaintiff Jermaine Dockery has spent months at EMCF in solitary confinement locked behind a solid steel door surrounded by the stench of feces. He has been beaten by staff and denied meaningful mental health care.
42. Mr. Dockery has near-constant suicidal thoughts due to hopelessness about his conditions of confinement. He sometimes "thinks about committing suicide just to see how long it would take for [staf:fJ to come, to let people know that stuff isn't right-[we get] no yard, rec, showers as [we are] supposed to do."
43. In late 2012, Mr. Dockery hanged himself until he lost consciousness. Staff cut him down and gave him oxygen before stripping him naked and locking him in an isolation cell. He was not taken to the emergency room. He reports that he was not seen by a psychiatrist while he was under suicide precautions.
44. Several months ago, Mr. Dockery met with a mental health staff member, who was not a psychiatrist, who recommended that his medication dosage be increased. Although he did not see a psychiatrist, his dose was, indeed, increased.
12

Case 3:13-cv-00326-TSL-JMR Document 1 Filed 05/30/13 Page 13 of 83
45. The light is constantly on in Mr. Dockery's cell and has been so since February 2013. The flush-button on his toilet is missing. Mice crawl out of the toilet and into his cell at night.
46. Fires are a common occurrence in solitary and the air is thick with smoke. In March 2013, Mr. Dockery told an officer that he could not breathe due to the smoke. The officer responded that he "didn't give a fuck" and slammed the tray slot closed on Mr. Dockery's wrist. Mr. Dockery asked for medical attention without success. On or about December 28, 2012, a senior officer came into Mr. Dockery's cell and ordered him to stand against the wall. The officer roughly grabbed Mr. Dockery and brought him to the floor. Mr. Dockery started to defend himself. Other officers arrived, jumped him, and grabbed him. By this point, he was bleeding. Officers cuffed his hands and ankles so tightly that they left scars on his ankles and his right hand remains numb. John Doe, Jr.: A Child in Solitary Confinement
47. John Doe, Jr.5 turned 16 years old during the summer of 2011 and was housed at the Central Mississippi Correctional Facility (CMCF). He is of small stature and appears young for his age. He has a long history of being physically and sexually abused in addition to suffering from a traumatic brain injury, limited intellectual functioning, self-harm, and psychosis. On August 29, 2011, Doe Jr. obeyed the voices in his head and stuck a wire into his penis. Despite his age, the psychiatrist ordered that he be transferred to EMCF.
48. EMCF was never intended to house children and is completely unfit for housing them. Defendants nevertheless approved the transfer and, four days later, Doe Jr. arrived at
5 This prisoner is under the age of 18. Accordingly, a pseudonym will be used. 13

Case 3:13-cv-00326-TSL-JMR Document 1 Filed 05/30/13 Page 14 of 83
EMCF. A mental health clinician noted that he appeared to be 14 years old and that he reported getting very little sleep since arriving at the facility.
49. Despite his age and vulnerability, Doe Jr. was housed in a cell with a foulsmelling 34-year-old man. Doe Jr. was later moved to an intake cell, where conditions resemble those in the solitary confinement units. Later, he was moved to a single cell in general population. Because the facility was in the midst of a series of extended institution-wide lockdowns, Doe Jr. remained isolated in his cell. At times, like other prisoners during the lockdown, he did not receive his medication.
50. On January 10,2012, when Doe Jr. had been at EMCF for more than four months, much of that time in isolation, he was housed in a cell behind a door with a broken lock mechanism. Five or six older prisoners entered his cell and beat him. He was then moved to a solitary confinement unit, where two days later he threatened to hang himself because he could not endure solitary confinement and was not permitted to contact his parents. Doe Jr. asked to see a "psych Dr." but did not see one until the following day, when a psychologist dismissed his suicidal gesture as "manipulating to be moved."
51. The following week, Doe Jr. told a nurse that he was having suicidal thoughts. Although there was a mental health provider on site that day, he was not seen until the next day when a provider described Doe Jr. has having "oppositional deviance [sic] about being in Administrative Segregation."
52. The next day, staff found Doe Jr. with a bed sheet tied around his neck. He told staff that he did not belong in administrative segregation and that he wanted to be around people he knew. He was told that no beds were available and that he would remain at EMCF until "he can show MDOC that he is trying to get better so that he can be moved to Walnut Grove."
14

Case 3:13-cv-00326-TSL-JMR Document 1 Filed 05/30/13 Page 15 of 83
53. Doe Jr. remained at EMCF in administrative segregation for another 12 days before Defendants transferred him to Walnut Grove.
54. Upon information and belief, Defendants have periodically housed other juveniles at EMCF. Timothy Hogan
55. Timothy Hogan has spent eight out of the past 12 years in solitary confinement. Except for short interludes, until recently, he had been in solitary confinement for the past two years. About the conditions in solitary confinement, he says, "You're going to die over there."
56. Mr. Hogan suffers from serious mental illness. He hears voices that tell him bad things and curse at him. He feels physically paralyzed when he has visual hallucinations, which include deceased family members and scenes from his past.
57. Mr. Hogan's hallucinations become worse whenever he IS placed m solitary confinement.
58. Mr. Hogan is hungry much of the time because food portions are too small. He has untreated dental pain, which makes it difficult for him to eat. He has submitted multiple requests for dental care but remains without proper treatment. V'nell Miskell
59. V'nell Miskell has an established history of serious mental illness including needed to take antipsychotic medications. Despite his illness, Mr. Miskell was housed in longterm solitary confinement for much of the past three years. At times, he has gone for two months without receiving out-of-cell recreation time.
60. The light in his former cell was on 24 hours per day. His current cell has no working light and so he lives in near darkness during the day and total darkness at night.
15

Case 3:13-cv-00326-TSL-JMR Document 1 Filed 05/30/13 Page 16 of 83
61. The unit is dangerously understaffed. He has been left wet and naked in the shower for hours at a time because no officers were available to escort him back to his cell. Rotheleo Dixon
62. Rotheleo Dixon has symptoms of serious mental illness. His cell wall and toilet leaked and formed a puddle that bred worms and bugs. He has not received any supplies to clean his cell since October 2012. He reports that most of the time there is no staff on his unit, especially between 6pm and 7am. When problems arise, prisoners set fires to try to get the officers' attention. However, frequently, staff will ignore the fires; fires sometimes bum for 20 minutes before being extinguished. The resulting smoke makes it hard to breathe and security officers refuse to ventilate the unit. There is no programming available to him and he has nothing to do except sit idly in his cell. Derrick Hayes
63. Plaintiff Derrick Hayes has a documented history of serious mental illness. He has been locked in long-term solitary confinement at various MDOC facilities for approximately eight years. There is no mirror in his cell and the light in his cell has not worked for over seven months. During the day, there is barely enough light to read. At night, his cell is pitch black. He related that "I haven't seen my face in months" and the darkness makes him "miserable." Michael Williams
64. Michael Williams has been in solitary confinement for approximately three months and has a history of needing psychotropic medications to treat his symptoms. He has a seizure disorder and suffers periodic petit mal seizures. Other than one hour of recreation two times per week and showers, he is locked in his cell all day. He does not have regular access to the shower and at times he must bathe in his toilet to keep clean. He does not have access to
16

Case 3:13-cv-00326-TSL-JMR Document 1 Filed 05/30/13 Page 17 of 83
books. He reports that he does not do well isolated with nothing to do and expenences significant stress. He barely ever sees the sun; out-of-cell "yard time" is rare and the mesh roof over the yard enclosure blocks out most of the sun. Sometimes at night he breaks down and cnes.
65. Mr. Williams lived for a month in a dark cell without a working light, with only bare live wires hanging from the ceiling. Once, his cell flooded with toilet water for two weeks before it was fixed.
66. Mr. Williams was formerly housed in general population. On his last day in general population, he was severely beaten by two other prisoners. No officers were on the zone to intervene and his attackers told him that he would be beaten even worse if he did not assist them with illegal acts. Because EMCF does not offer protective custody, staff locked him in solitary confinement.
67. Later, staff ordered Mr. Williams to return to a housing unit where he would be in grave danger. He has been threatened repeatedly and his enemies have his mother's address. Mr. Williams refused to be transferred to the new unit and received a Rule Violation Report (RVR). He remains in solitary confinement. Van "Peyton" Kendrick
68. Peyton Kendrick has been in solitary confinement for much of the past two years. He has spent a total of five years in solitary confinement throughout his 15 years in MDOC custody. He receives time in the outside enclosures only rarely, approximately three times per month. He rarely has anything to read; access to books is limited. Mr. Kendrick believes that, should he be released from solitary, his future will be bleak: "If I don't have [mental health] problems when I come [in], I will when I get out."
17

Case 3:13-cv-00326-TSL-JMR Document 1 Filed 05/30/13 Page 18 of 83
The Death of Richard Roe6 69. Richard Roe had an established history of serious mental illness, self-injurious
behavior, and seizure disorder. He also suffered from bowel incontinence and neurogenic bladder and, as a result, had to catheterize himself and wear adult diapers. In order to maintain his personal hygiene, he needed daily showers. Mr. Roe was locked down in solitary confinement and officers refused his requests to shower. When Mr. Roe complained or flooded his cell in protest, officers sprayed him with Mace. Officers would taunt him, as is reflected in a sick call request he submitted on June 7, 2010, in which he wrote:
I need to see Dr. --- bad[.] Officer --- said I was sick and needed to go ahead and kill myself. 7 He received a written response stating: You are scheduled. You may talk with your mental health counselor and he/she will refer you sooner if needed. 70. On July 29, 2010, Mr. Roe told mental health staff that he experienced depression, mood swings, and suicidal ideation and the psychologist noted signs of abnormal mental status. The psychologist's treatment plan consisted of only three words: "Encourage behavioral compliance." 71. Later that day, according to other prisoners in his zone, an officer asked Mr. Roe to provide a urine specimen which, because ofhis bladder condition, Mr. Roe could not provide. Mr. Roe began banging on his door, smeared blood on the cell door window, threatened to commit suicide, and tied a rope around his neck. Officers sprayed excessive amounts of Mace in his cell. According to witnesses, officers waited approximately 20 minutes before pulling Mr.
6 A pseudonym. 7 Names of the doctor and officer have been omitted.
18

Case 3:13-cv-00326-TSL-JMR Document 1 Filed 05/30/13 Page 19 of 83
Roe out of his cell. By that time, he was non-responsive and cyanotic. He was taken, his hands and feet bound by zip-ties, to the hospital where he was pronounced dead.
72. For several days after Mr. Roe's death, medical staff continued to "document" in the daily segregation log that Mr. Roe appeared to be "in good health and mood." The Death of Victor Voe8
73. On February 11, 2011, Victor Voe told mental health staff: They gone kill me I seen it. .. Please don't let them kill me... please don't. .. what you going to tell my family? ... Everybody's going to do it now ... Don't let them kill me... I be hearing them say they going kill me. I am hearing voices that others don't hear... 74. Eight days later, a visiting church group found Mr. Voe hanging in his cell in a solitary confinement unit. Upon information and belief, the night before his death, Mr. Voe was reading the Bible out loud, repeating that he did not feel safe, and explaining how the steel door of his cell affected him.
MENTAL HEALTH CARE 75. EMCF is intended to be the state's psychiatric prison that provides intensive mental health care to the state's most seriously mentally ill prisoners. 76. In reality, MDOC uses EMCF as a warehouse for its mentally ill prisoners. In 2007, following the Presley v. Epps litigation challenging conditions at the Mississippi State Penitentiary's (Parchman) Unit 32, Defendant Epps and the Presley class entered into a Supplemental Consent Decree that prohibited the housing of seriously mentally ill prisoners in long-term solitary confinement in Unit 32 for more than 14 days. The Supplemental Consent Decree also required that prisoners in Unit 32 who needed an inpatient level of care were to be housed at EMCF or another facility "where they can receive the full range of appropriate
8 A pseudonym.
19

Case 3:13-cv-00326-TSL-JMR Document 1 Filed 05/30/13 Page 20 of 83
treatment programs and the level of care consistent with their individualized treatment plans." 9 Defendant Epps described EMCF as "the only correctional facility that I've found in the country that handles nothing but special needs mentally ill" and that the quality of the facility was "number one." Mentally ill prisoners were to receive treatment and be housed in general population rather than lockdown. 10 Extreme Isolation, Idleness, and Lack of Access to Basic Mental Health Care
77. Following the entry of the Presley Supplemental Consent Decree, MDOC transferred dozens of seriously mentally ill prisoners from Unit 32 to EMCF where, in a 2011 report submitted to Defendants, mental health expert Dr. Terry Kupers found large numbers of seriously mentally ill transferees housed in "extreme isolation" behind solid metal doors that ensured sensory deprivation. He concluded that mental health care at EMCF was "entirely inadequate." 11
78. Dr. Kupers reported that the atmosphere in solitary confinement was chaotic, with the unit filled with the din of screaming and prisoners banging on cell doors requesting assistance from staff.
9 Supplemental Consent Decree on Mental Health Care, Use of Force and Classification, Presley v. Epps, No. 05-cv-00148-JAD, Doc. No. 88-2 (N.D. Miss. Nov. 13, 2007). 10 Dep. Tr. of Christopher Epps at 49:2-18, Mar. 22,2007, Presley v. Epps, No. 4:05-CV-00148 (N.D. Miss.). 11 In 2009, as part of an order dismissing the Presley v. Epps litigation pursuant to the Prison Litigation Reform Act, Plaintiffs' Counsel was permitted to visit and monitor conditions in the various prisons to which members of the Unit 32 class had been transferred. In October 2010, the ACLU conducted a multi-day site visit at EMCF to meet with prisoners, review health care charts, and assess compliance with the remedial provisions set forth in the Order of Dismissal. In January 2011, the ACLU conducted another site visit accompanied by nationally-recognized experts in correctional health care, psychiatrist Dr. Terry Kupers, MD, MSP and nurse practitioner Madeleine LaMarre, MN, FNP-BC.
20

Case 3:13-cv-00326-TSL-JMR Document 1 Filed 05/30/13 Page 21 of 83
79. Dr. Kupers described Unit 3, which is intended to provide the highest level of psychiatric care available in the MDOC system:
... [T]here is almost no mental health treatment going on, and the men are mostly idle ... It is depressing to walk into the dayrooms on the pods and see inactive men, many with the kind of blank stares that result from over-medication with tranquilizing anti-psychotic medications such as Haldol. Few prisoners assigned to Unit 3 were receiving group or individual therapy, and those who did received only a few sessions. 12 80. The stress of locking up seriously mentally ill prisoners in a chaotic, isolated environment where their basic human needs were often ignored created a dynamic that exacerbated their symptoms, as prisoners desperately attempted to attract staff attention by kicking the doors, flooding their cells, or setting fires. 81. Prisoners with mental health needs were reluctant to seek help from the psychiatrist, who provoked them during their encounters, wrote disciplinary reports against them for raising their voices or cursing, and accused them of lying about taking their medications. 82. Defendants delegated the task of responding to this damning report to MDOC's private contractor at the time, The GEO Group, Inc. (GEO), which never remedied the egregious conditions documented in the report. From Bad to Worse to Deadly 83. Beginning in the fall of 2011 and continuing for nearly a year, Defendants instituted a series of unit-wide and institution-wide lockdowns, each lasting weeks or months. During these lockdowns, prisoners remained in their cells for 24 hours a day with little access to showers or health care services. Defendants instituted these lockdowns without regard for their
12 Expert Report of Dr. Terry Kupers, MD, MSP on the East Mississippi Correctional Facility, Presley v. Epps, No. 4:05-cv-00148-DAS (N.D. Miss.), Nov. 8, 2011 (Doc. No. 151-7), at 6.
21

Case 3:13-cv-00326-TSL-JMR Document 1 Filed 05/30/13 Page 22 of 83
adverse effect on seriously mentally ill prisoners. The consequences were an epidemic of selfmutilation, routine suicide attempts, psychological decompensation, and several completed suicides.
84. On October 14, 2011, staff found prisoner D.C. 13 dead, hanging from a braided bed sheet in his solitary confinement cell. Prisoners reported that, the night before his suicide, D.C. told staff that he was suicidal. He had given possessions away to other prisoners and told an officer that he feared for his life, adding that he would get out of the housing unit any way he could. On the day he died, D.C. submitted a sick call request stating "I'm depressed and I am going to kill myself I can't handle this anymore." Staff did not discover this request until three days later. An investigation concluded that on the day of D.C.'s death, officers had not been conducting counts and security checks as frequently as they should.
85. Two weeks later, on October 31, 2011, staff found prisoner B.W. 14 hanging from a braided bed sheet tied to a sprinkler head. B.W. 's Bible had a written note: "Read me." Inside, he had circled verses from Psalm 28 and wrote "Fam, Got to go. Can't given em 8 more of my years. Happy Hollween! This is the best day of the year."
86. Another suicide occurred on New Year's Day 2012. Prisoner T.H. 15 suffered from a serious mental illness. According to a nurse, he had been the victim of multiple rapes while at EMCF. In December 2011, T.H. was housed in Unit 3 which is supposed to provide the highest level of care to MDOC's most acute mental health patients. Although T.H. was actively suicidal, a mental health provider cleared T.H. 's placement in solitary confinement after he was
13 A pseudonym. 14 A pseudonym. 15 A pseudonym.
22

Case 3:13-cv-00326-TSL-JMR Document 1 Filed 05/30/13 Page 23 of 83
caught climbing the fence of a recreation cage. According to one witness, T.H. threatened to kill himself if moved to solitary.
87. On January 1, 2012, T.H. hanged himself in his cell in solitary confinement. Security videos contradict the written log books and show that officers were absent for most of the morning. A resulting incident report describes the events following the discovery of his body:
Upon my arrival to housing unit six I was informed by Officer J--16 that an inmate on two row housing, unit six D-pod had hung himself. He also informed me that the officer assigned to six-D-pod had not been making their security checks. I entered housing unit six D-pod and checked the log book. The last noted security check was 0747 and it was now approximately 11 05am. I left the pod and entered the area leading to six building housing control as I entered the door at the top of the stairs Sgt. H-- was seated at the left side eating what appeared to be a breakfast meal... 88. Security videos also show staff response to the discovery ofhis body to be casual; one officer can be seen fanning herself with her papers for several minutes, ostensibly waiting for additional officers to arrive. Defendants Cut Access to Psychiatric Care for Seriously Mentally Ill Prisoners 89. In April 2012, after GEO announced that it would cease operations at EMCF, MDOC selected another for-profit private contractor, Health Assurance LLC, to replace GEO in providing mental health and psychiatric services. On March 26, 2012, a federal judge severely chastised both MDOC and Health Assurance, which was already providing health services at Walnut Grove, for being deliberately indifferent to the needs of children and youth incarcerated there. The Court found that Health Assurance's failure to provide adequate care to the youth at Walnut Grove contributed to "a picture of such horror as should be unrealized anywhere in the civilized world" and that MDOC had been "derelict in their duties and remain deliberately
16 Officer names abbreviated.
23

Case 3:13-cv-00326-TSL-JMR Document 1 Filed 05/30/13 Page 24 of 83
indifferent to the serious medical and mental health needs of the offenders."17 However, only a few weeks after the Court's sharp criticism, MDOC awarded Health Assurance the contract to provide medical and mental health care services to prisoners at EMCF.
90. The contract signed by Defendant Epps with Health Assurance dramatically reduced the amount of psychiatric care available to patients. GEO had provided one full-time psychiatrist to treat the entire EMCF population: A level that Dr. Kupers had warned Defendants was inadequate. Yet, in the new contract with Health Assurance, Defendants reduced psychiatric staffing to require that a psychiatrist be on-site only twice a week. Not surprisingly, one prisoner was told by staff that there is an "outrageous" list of prisoners waiting to see the psychiatrist.
91. Upon information and belief, Health Assurance has no prior experience operating a psychiatric prison or providing an inpatient level of care to seriously mentally ill prisoners. Defendants were aware of this deficiency in experience when they selected Health Assurance as the health services contractor for EMCF.
92. Furthermore, the new contract with Health Assurance requires MDOC to exclude prisoners designated as Levels of Care "D" and E"-that is, the most acutely mentally ill prisoners in the state--from being housed at EMCF; the contract further requires Defendants to immediately remove such prisoners from EMCF. These provisions allow for no consideration of prisoners' health, safety, or continuity of care and appear in the contract following a recital of Health Assurance's responsibility to pay for psychiatric medications for EMCF prisoners.
93. Thus, Defendant Epps knowingly entered into an agreement with a new for-profit medical contractor that excluded the neediest, most seriously mentally ill prisoners from the facility designed specifically for their care. Nevertheless, Defendants continue to house many 17 Order Approving Settlement, DePriest v. Walnut Grove Corr. Auth., No. 3:10-cv-00663-CWR-FKB (S.D. Miss.), Ma. 28, 2012 (Doc. No. 75).
24

Case 3:13-cv-00326-TSL-JMR Document 1 Filed 05/30/13 Page 25 of 83
seriously mentally ill prisoners at EMCF. Upon information and belief, Defendants' current practice is to transfer seriously mentally ill prisoners back and forth between EMCF and other MDOC prisons, even though there is no prison in Mississippi that currently provides constitutionally adequate mental health care.
94. Upon information and belief, medication management at EMCF is often provided by a psychologist who lacks a license to practice psychiatry and prescribe medications. The psychologist meets with the patient, reviews his medications, asks a few questions, and makes recommendations for changes to the patient's regimen. Upon information and belief, a licensed physician-who may never have met the patient for the purpose of providing mental health care- prescribes medications based on the psychologist's recommendations.
95. There are few opportunities for one-on-one therapy. Mental health counselors of unknown credentials come onto housing units, announce their presence, ask if prisoners are OK, and then move on. Prisoners who ask for help may or may not receive follow-up care. In solitary confinement units, these encounters occur through solid-front doors. 18 Upon information and belief, some of the mental health counselors were promoted from being correctional staff. When visits do occur, interactions with mental health staff are not confidential. Correctional officers are present, chilling communication between patient and clinician.
96. There are few opportunities for group therapy or activities. Prisoners in solitary confinement units are categorically denied access to group therapy or activities, although very few prisoners in the general population have access to these services either. Instead, prisoners in
18 Communication through the solid-front metal doors is difficult; the ambient noise on the zones makes communication even more difficult. The only means of speaking with prisoners is through the tray slot toward the bottom of the door or through the narrow space between the edge of the door and the door jamb. Neither is conducive to mental health counseling or therapeutic alliance.
25

Case 3:13-cv-00326-TSL-JMR Document 1 Filed 05/30/13 Page 26 of 83
solitary confinement occasionally receive workbooks to complete in isolation and a video to watch without interaction with a live instructor or other prisoners.
97. Prisoners deemed to be suicidal are stripped naked, given a "suicide smock," and locked alone in dirty observation cells. These prisoners, who should be receiving intensive psychiatric crisis intervention, are generally ignored and receive only cursory care. Because there is usually no psychiatrist on site, no psychiatric care can be provided.
98. Plaintiff Eric Ward was placed on suicide watch after cutting open his arm to avoid being transferred to a unit where his life would be in danger. However, there was nothing therapeutic about suicide watch. Mr. Ward was locked behind a solid-front door without a working light. He was not monitored regularly and received no mental health treatment. A week later, he was finally seen by mental health. The encounter lasted approximately 15 minutes. Steven Pierce
99. Steven Pierce has been a psychiatric patient for most of his life. He has been hospitalized many times. He experiences auditory and visual hallucinations. Sometimes colors speak to him; other times he sees holographic images that remind him of the past. He hears voices every day and most of the time stays in his cell and tries to avoid contact with others due to their spirits.
100. Despite his history and symptoms, Mr. Pierce receives minimal treatment. He reports that asking to see the psychiatrist is futile; the last time he submitted a request, it took three months. Occasionally, he has the opportunity to speak for a few minutes with a psychologist or a "mental health counselor" of uncertain credentials but no meaningful one-onone therapy is available. He reports that his medications are stopped, started, and changed without his speaking to a psychiatrist first.
26

Case 3:13-cv-00326-TSL-JMR Document 1 Filed 05/30/13 Page 27 of 83
101. Mr. Pierce has a history of attempting to electrocute himself. In September 2012, while in Unit 3 Mr. Pierce stood at the top of the stairs asking for help. Mr. Pierce suffers from agoraphobic symptoms and the other prisoners were causing him stress. He was given a "noharm contract" to sign but, officers refused to come to his aid. Mr. Pierce pulled two wires out of a light socket and grabbed the bare ends, feeling the electricity that he says takes him to a "heavenly place."
102. Officers responded by spraying him with Mace. While officers held him down he was given a forced injection of medication and was then stripped naked, allowed to shower, and thrown into an observation cell where he believes he remained for more than two weeks. He was allowed to shower only twice during this period and recalls seeing counselors, but saw a psychiatrist only once.
103. Mr. Pierce has seen others attempt to hang themselves, cut themselves, and jump over railings. Anthony Evans
104. Before being transferred to EMCF, Plaintiff Anthony Evans was housed in general population at Parchman, where he was beaten by staff with a broom handle on multiple occasions due to his being "slow." He was frequently placed on suicide precautions.
105. In 2011, Defendants transferred Mr. Evans to EMCF. Despite his serious mental illness and vulnerability, Defendants placed Mr. Evans in long-term solitary confinement, where he remained for approximately a year. Because this period overlapped with several of the extended institution-wide lockdowns, Mr. Evans remained locked alone behind a solid-front door for days or weeks at a time without leaving his cell.
27

Case 3:13-cv-00326-TSL-JMR Document 1 Filed 05/30/13 Page 28 of 83
106. Mr. Evans experiences troubling auditory and visual hallucinations. He sees smoke, flying objects, and formless beings that eventually take on a human form. He has conversations with these beings, sometimes disagreeing with them when they tell him not to do things. At times, he sees deceased family members and talks with them. Often he experiences paranoia and lives in fear.
107. Mr. Evans receives only minimal mental health care. He reports that visits with the psychiatrist are infrequent and last only a minute or so. During a recent mental health encounter, Mr. Evans wanted to discuss his symptoms. The clinician told him that his medications would be reordered and then sent him away without allowing him to discuss his problems.
108. Mr. Evans reports that the mental health counselors provide little help. He has asked for one-on-one counseling on two or three occasions but those requests never resulted in his receiving treatment. At times, he says, the counselors laugh at patients and tell them that there is nothing wrong with them. Joseph Osborne
109. Plaintiff Joseph Osborne suffers from a history of bipolar disorder and depression. He also suffers from anxiety attacks during which he has difficulty breathing, breaks into sweats, and has heart palpitations. He reports that, prior to March 2013, he had not seen a psychiatrist in nearly two years even though he was taking psychotropic medications throughout that period. The psychiatrist told him that staff had been renewing his medication orders without seeing him in person to determine the appropriateness of the prescriptions. Mental health counselors, some of whom he believes are former correctional officers, visit the unit every week but provide little care. Counselors knock on the small window of his cell door, yell "mental health," and then
28

Case 3:13-cv-00326-TSL-JMR Document 1 Filed 05/30/13 Page 29 of 83
walk on to the next cell. At one point, after not being able to see a psychiatrist to discuss his symptoms, Mr. Osborne spoke with a counselor in her office. He recalls that it was "like talking to a wall. They just chuck you off." Mr. Osborne continues to suffer from anxiety attacks. Dexter Campbell
110. Plaintiff Campbell is a veteran of the United States Air Force and has carried multiple Axis-I diagnoses over the years, including post-traumatic stress disorder as a result of events that he witnessed while in the military. In the community, he received mental health care on a regular basis at the Veteran's Administration (VA) hospital in Tuscaloosa, AL. Prior to his arrest, he was scheduled to enter a VA residential mental health treatment facility. Since his arrival at EMCF, he has received only cursory care with little, if any, opportunity for therapy with an appropriately credentialed clinician. Tracey Brewer
111. Tracey Brewer has an established history of serious mental illness, including diagnoses of paranoid schizophrenia and bipolar disorder. Despite his serious mental health needs, Mr. Brewer receives minimal care. Following the death of his mother, Mr. Brewer felt suicidal. However, knowing that prisoners in psychiatric observation are subjected to degrading and punitive conditions, Mr. Brewer did not report his feelings to mental health staff. Instead, he disclosed his suicidal impulses to a prison chaplain, who warned him that if he committed suicide he would not go to heaven and would be unable to see his mother.
112. In early December 2012, after months of not receiving meaningful care from a psychiatrist, 19 Mr. Brewer was brought to see a psychologist. The psychologist told Mr. Brewer
19 Psychiatrists are licensed physicians authorized to prescribe medications. 29

Case 3:13-cv-00326-TSL-JMR Document 1 Filed 05/30/13 Page 30 of 83
that he would start receiving two new psychotropic medications. Mr. Brewer did not see a medical doctor or psychiatrist before receiving these new medications.
MEDICAL CARE Dangerously Inadequate Medical Care: A Deliberate Choice to Ignore Warnings
113. Medical care at EMCF is provided by a for-profit contractor and has long been so grossly substandard as to put prisoners at grave risk of loss of limbs and of death. Defendants fail to take responsibility for providing adequate medical care to the prisoners in their custody, for overseeing the care provided by the private contractors, or for holding those contractors accountable.
114. Correctional health expert Madeleine LaMarre visited EMCF in January 2011 to evaluate medical care pursuant to the Order of Dismissal in Presley v. Epps. At the time, medical care was provided by GEO. In nearly every aspect of care assessed, she found gross deficiencies. Ms. LaMarre found care by the on-site physician to be so poor that she recommended that he be "immediately removed from the facility and replaced..."
115. Ms. LaMarre also found inadequate levels of staffing as well as maJor deficiencies in medical record-keeping.20
116. In her report she wrote: "I found that at each step of the process, access to care services was not timely or adequate." For example, she observed:
In a review of 33 health care requests in ten health records, we found that the average length of time for a nurse to see a patient once the HSR was received was 7.5 days. In 10 (30%) of33 HSRs reviewed a nurse did not see the patient at all.
20 Over the past year, Plaintiffs' Counsel has requested copies of their clients' medical records. To the extent that MDOC has produced records in response, the records are often incomplete.
30

Case 3:13-cv-00326-TSL-JMR Document 1 Filed 05/30/13 Page 31 of 83
117. Ms. LaMarre's report was submitted directly to Defendants. Defendants did not respond to the deficiencies she identified or to her detailed recommendations. Instead, Defendants had GEO respond. Patients at EMCF Lack Access to Necessary Medical Care
118. The problems identified by Ms. LaMarre in 2011 persist at EMCF despite the transition to a new for-profit vendor, Health Assurance, in 2012.
119. As was documented in Ms. LaMarre's report, patients still submit request after request for health care services without receiving any response or being seen. As of May 2013, staff were telling prisoners in Unit 6 that they could not submit sick call requests because no forms were available. The facility remains understaffed and most patients are seen by nurses, regardless of the seriousness of their condition. Medical records show that patients with serious health needs go for long periods of time without seeing a doctor.
120. Further hindering access to care is MDOC's "co-payment" policy. MDOC charges patients $6.00 for each request they submit for medical, dental, or mental health care. Prisoners report that this fee is charged at the time that the request is submitted, regardless of whether they ever get to see a clinician. If a prisoner must submit three requests before being seen for a serious medical problem, he will be charged $18.00. This policy deters prisoners from seeking care, including mental health care, and places them at a substantial risk of serious harm. Lack of Access to Critical Medications
121. During the lockdowns of2012, patients went for days or longer without receiving critical medications. Patients reported that, at times, nurses would roll their pills under their cell doors for them to take. Upon information and belief, when GEO ceased operations at EMCF, the company removed its entire stock of medications from the facility. Defendants made no
31

Case 3:13-cv-00326-TSL-JMR Document 1 Filed 05/30/13 Page 32 of 83
arrangements to assure medication continuity during the transition. Even during the recent multi-week lockdown in April 2013, staff told prisoners in Unit 6 that they would not receive their evening medications on a particular day due to the lockdown.
122. On July 19, 2012, Plaintiff John Barrett, age 58, submitted a request to health services stating that he had not received his blood pressure or pain medications in three days. He received a response that he should send another request if he had not received his medications by July 31 - 12 days later. Ultimately, Mr. Barrett went without his medications for approximately four weeks.
123. Contrary to accepted nursing practice, nurses do not contemporaneously document medication administration on Medication Administration Records (MARs). As a result, there is no reliable means of determining whether a patient is adhering to his medication regimen, or whether he is receiving his medications at all. It also allows health care staff to deny prisoners' claims that they are not receiving their medications. At times, nurses refuse to administer medications in some of the solitary confinement zones when they are in a state of disarray.
124. Staff at EMCF do not adequately treat severe pain. James Kendrick requires regular dressing changes for a large, bloody open wound several square inches in size. The nurse often rips the dry bandage off his wound, causing him excruciating pain. He receives no meaningful pain relief. Prisoners with chronic pain are referred to a "pain doctor" who may or may not see them timely. When Plaintiff Barrett asked for pain relief for his arthritis and abdominal hernia, he received a written response from the facility physician a month later stating
32

Case 3:13-cv-00326-TSL-JMR Document 1 Filed 05/30/13 Page 33 of 83
"your problems are all chronic. Please follow up with Dr. -- on the next visit. I no longer manage pain." 21 As of three months later, Mr. Barrett had yet to see the "pain doctor." Failure to Care for Serious Medical Needs: Oral and Eye Care
125. In her 2011 report, Ms. LaMarre concluded " ...that inmates do not have timely access to dental care." Her finding remains true. Patients with severe dental pain suffer long waits before seeing a dentist. When they are seen, because there is no hygienist present, prisoners must hold dental instruments for the dentist during procedures.
126. One prisoner was told that "[a]t this time our company does not provide dentures." Such a categorical denial of a particular treatment places prisoners at risk for malnutrition.
127. Prisoners do not receive proper eye care. When one prisoner reported that his vision was very bad and that he needed to be seen, he was told that he had been "placed on the list to see the eye Dr." but that the list was "lengthy." When he was ultimately seen, the patient reported that the eye doctor diagnosed him with a cataract and that corrective surgery was needed. However, his surgery was denied. The following month, he submitted a request to Defendant Perry, stating: "I have had someone else write this request because I have cataracts so bad I can't see well enough to write it." James Vann
128. Plaintiff James Vann is 49 years old and suffers from diabetes. He requires insulin and other medications to control his blood sugar level.
129. Many of the complications of diabetes are life-threatening or can result in permanent disability. Proper glycemic control (control of one's blood sugar level) and routine
21 Name of physician removed.
33

Case 3:13-cv-00326-TSL-JMR Document 1 Filed 05/30/13 Page 34 of 83
screening and prevention are key factors in avoiding these complications. At EMCF, Mr. Vann's efforts to maintain his health are routinely thwarted.
130. Glycemic control requires the proper coordination between (1) the administration of insulin and (2) a diet designed to meet the special needs of diabetics. Mr. Vann gets neither. Sometimes, his medications run out. As noted above, because nurses do not follow accepted nursing practices when documenting medication administration, it is difficult for prisoners to convince health care staff that they are not receiving their medications as ordered. The diet provided to Mr. Vann, although purportedly tailored to meet the needs of diabetics, is full of starches and sugars. He reports that, if he were to eat all of the food given to him at any given meal, his blood sugar would rise to two or three times the normal level.
131. Diabetic patients are at risk for diabetic retinopathy, an eye condition that can result in permanent blindness. A few years ago, Mr. Vann had surgery to prevent the blood vessels in his eye from bursting, a phenomenon consistent with diabetic retinopathy. However, while at EMCF, Mr. Vann does not have periodic dilated retinal examinations, considered to be the standard of care, to determine the need for additional treatment. This is particularly troubling as Mr. Vann reports blurry vision when reading in low light as well as dark and light spots in his field of vision. He reports that his right eye, which was the site ofhis previous surgery, is worse than the other. He has not been referred to an eye specialist and is at risk for irreversible blindness.
132. Mr. Vann reports intermittent shooting and stabbing pains in his toes and numbness in his legs. In diabetics such symptoms may be signs of neuropathy, or nerve damage, placing him at risk for infections that can result in a need for amputation. Properly fitting shoes
34

Case 3:13-cv-00326-TSL-JMR Document 1 Filed 05/30/13 Page 35 of 83
are critical to the prevention of such infections. Mr. Vann's shoes do not fit his feet. He has repeatedly asked for new shoes over the past two years but has not received them. Christopher Lindsey
133. Plaintiff Christopher Lindsey is 27 years old and confined at EMCF. He has a history of serious mental illness. Mr. Lindsey was diagnosed with glaucoma when he was nine years old. At one point, he had eye surgery to relieve some of the pressure in his eyes. Since then, he has had to use multiple eye drops each day and see a glaucoma specialist every six months in order to keep from going blind.
134. When Mr. Lindsey carne to EMCF in 2009, his vision was good. 135. During the summer of 2011, his vision began to deteriorate. He began to lose his peripheral vision and color perception and his field of vision began to darken. He was not taken to see the glaucoma specialist despite submitting multiple sick call requests. 136. That fall, Defendants began instituting a series of institution-wide lockdowns that lasted for weeks or longer. During this period, Mr. Lindsey stopped receiving the eye drops he needed to keep from going blind. Staff told him that, due to the lockdowns, he would not be taken offsite for his regular six-month visits with the glaucoma specialist. 137. Glaucoma can cause intense pain and, during the summer of 2011, Mr. Lindsey would cry in his cell - from the pain and from the anguish caused by knowing that he was going blind. 138. Because, upon information and belief, MDOC made no provision for medication continuity during the transition from GEO to Health Assurance, prisoners, including Mr. Lindsey, went without critical medications for weeks or more. From July 2012 to November
35

Case 3:13-cv-00326-TSL-JMR Document 1 Filed 05/30/13 Page 36 of 83
2012, he received no eye drops whatsoever. In late 2012, Mr. Lindsey began receiving his eye drops again, but only on an intermittent basis.
139. In February 2012, he was taken to an eye doctor who told him that he needed to see a glaucoma specialist. He was not taken to one. In November 2012, he was taken to an eye doctor who, once again, told him that he needed to see a glaucoma specialist.
140. Mr. Lindsey was not taken to a specialist and his vision continued to worsen. In February 2013, Mr. Lindsey informed medical staff three weeks in advance that he was running out of eye drops. On February 25, 2013, he was told that more drops were being ordered. As of March 12,2013, he had run out of drops. As ofmid-May 2013, he was receiving only one ofthe multiple eye drops prescribed for him.
141. Mr. Lindsey is now legally blind in both eyes. He can perceive a little light but no images.
142. As a result of his disability, Mr. Lindsey became a target. In July 2012, he was robbed. This happened again in January 2013, and in April 2013 his radio - one of the few amenities he can still enjoy- was stolen.
143. It is difficult for Mr. Lindsey to navigate the prison or perform daily activities on his own. At one point, he was assigned an inmate caretaker to assist him. This privilege was recently withdrawn when Defendants reclassified Mr. Lindsey to close custody. Benjamin McAbee
144. Plaintiff Benjamin McAbee has serious medical needs including HIV and hypertension. He has spent much of his time at EMCF in solitary confinement.
145. Patients with HIV require periodic blood work to monitor their CD4 cell counts and viral loads. When health staff draws his blood, he is usually not informed of the results.
36

Case 3:13-cv-00326-TSL-JMR Document 1 Filed 05/30/13 Page 37 of 83
Consequently, Mr. McAbee is often not aware of how close he is to developing full-blown AIDS.
146. When he finally did see an outside specialist, he was prescribed antiretroviral medications, including Norvir and Prezista. After starting on these medications, Mr. McAbee developed a painful, boil-like rash on his body. He submitted three or four requests to medical seeking help but received no response. Finally, Mr. McAbee decided to stop taking the medications and told the medication nurse his reasons. He has received no medical follow-up to address his refusals. This falls well below the standard of care.
147. In August 2012, Mr. McAbee reported that he received his blood pressure medication only once per week. The left side of his body would go numb and he developed headaches, dizziness, and double vision, all of which are symptoms of dangerously high blood pressure.
148. By September 2012, he would pass out once or twice a month. For example, on or about September 7, Mr. McAbee lost consciousness due to hypertension after developing chest pain, sweating, and headaches. A nurse came to check on him but walked away without taking his blood pressure, despite Mr. McAbee's heightened risk for stroke or heart attack. During lockdowns, Mr. McAbee was not allowed out of his cell to go to medical to receive necessary care. Brian Neihaus
149. Brian Neihaus is 24 years old. He had no serious health problems prior to coming to EMCF. In early June 2012, when EMCF was in the midst of a months-long period of multiple lockdowns, Mr. Neihaus developed excruciating pain in his scrotum. His right testicle swelled up to the size of a softball.
37

Case 3:13-cv-00326-TSL-JMR Document 1 Filed 05/30/13 Page 38 of 83
150. Over the next several weeks, Mr. Neihaus submitted multiple sick call requests but received no response. He personally asked officers, case managers, and unit managers to get him medical help, but he received none. When the swelling subsided, Mr. Neihaus noticed a hard knot on his right testicle about the size of a marble. On July 2, MDOC representatives were on site at EMCF to tour the facility. Mr. Neihaus asked them for help, but he received none. By this time, the pain had become so intense that he could barely get out ofbed.
151. Finally, in an attempt to get medical attention, Mr. Neihaus refused an order to return to his cell after recreation, risking being sprayed with Mace for his disobedience. However, Mr. Neihaus's strategy worked and he finally saw a physician on July 13, six weeks after his problem first arose.
152. The doctor ordered pain medication, a urine test, and an ultrasound. Mr. Neihaus never received the pain medication. After GEO ceased operations at EMCF, Health Assurance staff told Mr. Neihaus that they would not honor the GEO doctor's order for the ultrasound. Mr. Neihaus filed a grievance but, ultimately, had to once again refuse to return to his cell and risk being Maced before getting medical attention. The new Health Assurance physician told him that he did not need an ultrasound and that he would be treated with antibiotics.
153. Mr. Neihaus did not receive his first dose of antibiotics until two weeks later. His condition did not improve. His mother called the prison asking for help for her son on three consecutive days and, on the third day, the Health Assurance doctor finally agreed to order an ultrasound and a urology consult. He told Mr. Neihaus that it might be six months before the test would be performed and added, "This is a prison, what do you expect?"
154. On September 24, Mr. Neihaus finally received an ultrasound. By this time, the knot on his testicle had grown larger. The ultrasound technician noticed an abnormality and was
38

Case 3:13-cv-00326-TSL-JMR Document 1 Filed 05/30/13 Page 39 of 83
so concerned that he called the prison to see if Mr. Neihaus could see a doctor right away. Prison officials refused.
155. Anxious and in pain, over the next three weeks, Mr. Neihaus repeatedly asked prison officials to show him the results. Nothing happened. On October 17, Mr. Neihaus saw the prison physician, who told him that the knot on his testicle appeared to be cancer. A urologist confirmed the diagnosis of testicular cancer. By now, the cancer had metastasized and spread into his abdomen.
156. On October 26, his testicle was surgically removed. Two weeks later, the Health Assurance doctor attempted to convince Mr. Neihaus to withdraw his grievance because all of his problems had been addressed.
157. On December 10, Mr. Neihaus received his first dose of chemotherapy. The prison failed to regularly provide him with the anti-nausea medication he needed to combat the side effects. On January 4, 2013, Mr. Neihaus was transferred to the South Mississippi Correctional Institution (SMCI). Fortunately, he recently completed chemotherapy. Earnest McWilliams
158. Earnest McWilliams has an established history of serious mental illness, and has taken antipsychotic medications such as Prolixin. Despite his mental illness, he has been housed for extended periods of time in long-term solitary confinement.
159. On September 28, 2011, four prisoners attacked Mr. McWilliams, stabbing him repeatedly while in a recreation cage. His officer escorts abandoned him, leaving Mr. McWilliams, who was in full restraints, at the mercy of his assailants. When medical staff found him, he was non-responsive.
39

Case 3:13-cv-00326-TSL-JMR Document 1 Filed 05/30/13 Page 40 of 83
160. He sustained multiple stab wounds to his head, neck, back, and both hands. At the emergency room, a trauma surgeon was called in to repair and suture his hands. Additional sutures were required the following day.
161. For the next two months, Mr. McWilliams was isolated in a cell by himself. He was locked down for 24 hours per day without out-of-cell recreation. He was not given a mattress; he slept on the floor with only two blankets and a pillow. Medical records strongly suggest that his mental health suffered dramatically. Although housed near the medical unit, medical records show that Mr. McWilliams received only minimal care. His bandages were changed infrequently.
162. By mid-October, Mr. McWilliams' wounded fingers had deteriorated. In order to obtain medical care, he passed a note to a mental health staff member threatening to cut himself with a razor. Two days later, Mr. McWilliams was visited by a psychiatrist, who ordered another staff member to obtain a written statement from Mr. McWilliams admitting that he had manipulated the system for the purpose of receiving medical care. The written statement obtained from Mr. McWilliams included a plea for help: "All I need is help for my hands that nothing more." Mr. McWilliams continued to receive inaccurate care and reports having to threaten to set fires and flood his cell in order to get attention.
163. On November 30, a physician examined Mr. McWilliams for the first time in weeks. By this time, Mr. McWilliams' left middle finger had begun to tum black and smell. The physician suspected gangrene. A trip to the hospital confirmed that Mr. McWilliams would need part ofhis finger amputated.
40

Case 3:13-cv-00326-TSL-JMR Document 1 Filed 05/30/13 Page 41 of 83
164. A few days later, Mr. McWilliams was transferred to another facility where medical staff was horrified by his condition. The surgeon who performed the amputation told Mr. McWilliams that the amputation would have been unnecessary had he received proper care.
165. On two occasions, Mr. McWilliams reports being solicited and threatened by senior correctional staff to waive his legal rights, including the right to attorney-client privilege by divulging the contents of his conversations with Plaintiffs' Counsel.
166. Mr. McWilliams was transferred from EMCF to Parchman in February 2013. Shortly after his arrival at Parchman, he was severely beaten by staff. Pheliphae Coleman
167. Pheliphae Coleman's health care records show a history of delusions, hallucinations, and suicidal ideation. He has set his clothes on fire on multiple occasions. His medical history also includes difficult-to-control hypertension. During 2011 and 2012, Mr. Coleman suffered from frequent hypertensive crises. For example, on November 28, 2011, while in solitary confinement, staff found Mr. Coleman on the floor, disoriented and next to vomit. His blood pressure was 1971109. He was given medication, placed in a medical holding cell for two hours, and then sent back to solitary. On January 15, 2012, his blood pressure reached 204/120. He was given medication which moderately reduced his blood pressure and once again returned to solitary. At times, these crises were accompanied by severe headaches, dizziness, and chest pain. Neither these symptoms nor his elevated blood pressures resulted in emergency care.
168. On February 23, 2012, Mr. Coleman stabbed himself in the abdomen; the facility physician described him as acting "psychotic." This time, Mr. Coleman was sent to the emergency room, where testing revealed cardiomegaly (enlarged heart) and multiple renal hilar
41

Case 3:13-cv-00326-TSL-JMR Document 1 Filed 05/30/13 Page 42 of 83
arterial aneurysms, or bulges of the artery that serves the kidneys. Renal artery aneurysms, if ruptured, are fatal. Trauma and elevated blood pressure can cause ruptures.
169. Staff at the hospital told Mr. Coleman that he needed surgery and should be housed in a medical environment. The facility physician advised him to avoid stress. However, upon return to EMCF, Mr. Coleman was sent to solitary.
170. The EMCF physician's treatment plan stated "refer to vascular surgeon as an emergency." An appointment was available for the following Monday but the appointment had "not been approved by GEO at this time."
171. Mr. Coleman was later moved to a medical isolation cell and then back to solitary confinement. In both environments, he suffered from nearly complete social isolation. At no time was he transferred to a facility with an infirmary equipped to address his medical needs.
172. A month passed and, on March 20, the physician reiterated that Mr. Coleman "needs surgery as soon as we can arrange it[,]" although an outside consultant apparently disagreed. Mr. Coleman continued to live in solitary confinement.
173. Two months later, the facility physician wrote that removal of Mr. Coleman's kidney might address Mr. Coleman's medical problems and that surgery should be considered.
174. On May 14, 2012, Plaintiffs' Counsel emailed Defendant Perry with concerns about Mr. Coleman's medical care and continued housing in solitary confinement, where he was regularly subjected to Mace and smoke from fires and lacked ready access to staff should an emergency arise. Only after this email was Mr. Coleman removed from solitary confinement.
175. Although the facility physician had issued a standing order that staff should not use chemical agents on Mr. Coleman, officers sprayed him with Mace on two occasions, placing him at a fatal risk of rupture ofhis aneurysms.
42

Case 3:13-cv-00326-TSL-JMR Document 1 Filed 05/30/13 Page 43 of 83
Willie Hughes 176. Willie Hughes suffers from diabetes. As a diabetic, Mr. Hughes is at risk for
infected, non-healing ulcers on his extremities. These wounds can lead to the need to amputate entire limbs, especially if proper care is not provided. In addition, improper podiatric care can result in infected foot ulcers, which create an additional risk for amputation.
177. In the summer of 2012, Mr. Hughes developed a laceration from leg irons that were too tight.
178. The following month, Mr. Hughes was evaluated for symptoms that led the EMCF physician to suspect a possible deep vein thrombosis, a potentially lethal blood clot in his leg. He sent Mr. Hughes out to be evaluated at the emergency room.
179. The day after the emergency room visit, the physician entered a note stating "[inmate] gave phony history to go to the ER and this is the second occasion. [Inmate} will not be given serious consideration in the future with his complaints." (emphasis added).
180. The laceration on Mr. Hughes' leg never healed properly. By the time that Plaintiffs' Counsel learned ofhis condition in early October 2012, Mr. Hughes had developed a large, foul-smelling infected ulcer that leaked pus. His treatment had been limited to Band-Aids and he had received no meaningful medical attention. The wound had never been assessed according to established wound assessment protocols. Mr. Hughes feared that the ulcer would worsen and he would require amputation.
181. Mr. Hughes continued to receive no treatment until Plaintiffs' Counsel intervened. The following day, the EMCF physician saw Mr. Hughes, documented only a cursory physical examination, concluded that Mr. Hughes needed to be referred to a wound care specialist "ASAP," ordered labs to be drawn, and prescribed the antibiotic Bactrim. Mr. Hughes was not
43

Case 3:13-cv-00326-TSL-JMR Document 1 Filed 05/30/13 Page 44 of 83
seen again by the doctor until several days later and had still not yet seen a wound care specialist. The doctor ordered another round of Bactrim even though one of the wound cultures indicated that the infection was resistant to that particular antibiotic. James Kendrick
182. James Kendrick is held in long-term solitary confinement. 183. On Thursday March 21, 2013, he noticed a pimple on his arm. By the next day, the pimple had turned black and grown to the size of a nickel. He informed correctional officers but received no medical care. By the following day, the wound was the size of a silver dollar and had become raised, hot, and crusted, with rough edges. The part of the wound that turned black did not hurt. He asked for help again on the following day but was again denied by officers. This time, he set a fire in order to get staff to take him seriously. The tactic worked and he was taken to medical. The nurse practitioner who examined him told him that he should go to the hospital, but he was not sent. Instead, he was given an injection of antibiotics. 184. On the following day, Saturday, Mr. Kendrick returned to medical. Once again, the nurse practitioner wanted to send him to the hospital and contacted the on-call physician. Mr. Kendrick was not sent. Although Mr. Kendrick is allergic to the antibiotic Bactrim, he reports that the physician prescribed it anyway. Mr. Kendrick reports that he suffered an allergic reaction. 185. By Monday, the wound had worsened and he was finally sent to the emergency room. The emergency physician did her best to debride, or remove, the necrotic (dead) tissue but said that he would need additional surgery due to the depth of the wound. Mr. Kendrick reports that the surgeon at the hospital refused to treat him because the surgeon had a history of not being paid for the care of MDOC patients.
44

Case 3:13-cv-00326-TSL-JMR Document 1 Filed 05/30/13 Page 45 of 83
186. Mr. Kendrick saw the EMCF physician for the first time on Tuesday. The following day, a specialist in Jackson confirmed his need for surgery and wanted to admit him to the hospital but was denied.
187. On Thursday, Mr. Kendrick had not yet received his prescribed injection and dressing change and stuck his arm through his tray slot to show the officer his wound. Mr. Kendrick reports that the officer kicked his arm and told him that, if it were up to him, Mr. Kendrick "wouldn't have an arm."
188. On Friday, Mr. Kendrick underwent surgery under general anesthesia. He was told that he would need a skin graft and that he should be housed in a medical environment. Instead, upon return to EMCF, Mr. Kendrick was returned to solitary confinement where his wounds were at risk for infection from the feces and other filth on the unit. He did not receive the antibiotic ordered by the surgeon until nearly a week after the surgery.
189. On April 17, Mr. Kendrick developed a fever and a life-threatening infection that required emergency surgery. After intervention by Plaintiffs' Counsel, Mr. Kendrick was moved from solitary confinement to a medical observation cell. He is afraid to return to solitary confinement. Even in the medical unit, an officer has come to his cell saying "what's up bitch?" and "can't wait for you to come back to [Unit] 5, I've got a treat for you." A senior officer told Mr. Kendrick that if he stopped talking to "certain people"-Plaintiffs' Counsel-he might get what he needs.
ABUSE AND EXCESSIVE FORCE BY STAFF Unchecked Systemic Brutality
190. Defendants are aware that staff at EMCF sadistically brutalizes pnsoners. Officers use excessive force with impunity and with no oversight by Defendants.
45

Case 3:13-cv-00326-TSL-JMR Document 1 Filed 05/30/13 Page 46 of 83
191. Upon information and belief, newly hired staff at EMCF receives only three weeks of training before starting on the job. MDOC does not supervise this training. Upon information and belief, MDOC has allowed MTC to rehire staff who have been terminated for misconduct at EMCF and other Mississippi prisons.
192. In March 2012, after spraying Lindsey Johnson with chemicals while delivering him his meal, security staff told Johnson that "there were no limits" to what they could do to him. One officer has told prisoners that he will "bust a cap" in them. He also threatens to poison their food, telling them "I'm the motherfucker who has to feed you." Excessive Force: The Institutionalized and Wanton Infliction of Pain
193. Correctional officers at EMCF frequently use chemical agents and physical force on prisoners without warning and in the absence of an immediate threat of danger. Officers routinely Mace prisoners for making minor requests for assistance or expressions of frustrationfor example, complaining that they did not receive a meal tray or requesting to speak with the warden.
194. Officers shoot barrages of pepper balls and spray multiple bursts of pepper spray at prisoners regardless of prisoners' level of resistance -and even when prisoners offer no resistance at all. For example, on September 7, 2012, officers entered Unit 5C with the purpose of locking prisoners into cells. They did so by shooting pepper ball guns and spraying prisoners with Mace. Once they had completed spraying, several officers proceeded to beat prisoners, including Plaintiff Thompson.
195. In solitary confinement, correctional officers spray prisoners through the tray slots m their cell doors, and then close the slots, trapping the prisoners in their cells with no
46

Case 3:13-cv-00326-TSL-JMR Document 1 Filed 05/30/13 Page 47 of 83
ventilation to provide any relief from the burning. Prisoners needing medical care following assaults or use-of-force incidents do not routinely receive assessment or treatment.
196. On March 16, 2013, officers walked through Karl Williams' cell block closing the tray slots on each prisoner's door. Mr. Williams asked if he could leave his tray slot open for ventilation as he is asthmatic. Without explanation, the officers refused his request. When Williams asked again, the officers slammed the slot shut on his hand.
197. In mid-September 2012, Plaintiff Chandler's cell was in a state of disrepair. The light and toilet in Mr. Chandler's cell had been broken for months. His tray slot was broken and would not close properly. Three officers came onto his zone and began closing the prisoners' tray slots. Unable to close Mr. Chandler's broken tray slot, a high-ranking officer ordered him to "shut up and back up from the tray slot." Another officer stuck his pepper ball gun through the tray slot and aimed it at Mr. Chandler. After firing several rounds into the cell, officers removed him, slammed his face into a wall and then against the floor.
198. Mr. Chandler could not breathe and his skin felt like it was on fire. He asked for medical help. He was refused. He asked to decontaminate and wash off the pepper ball residue from his skin. He was again refused. Back in his cell, he continued to have trouble breathing. Other prisoners banged on their doors to get help. Mr. Chandler had to break a fire sprinkler to wash the pepper residue off of his skin and out of his cell. Later, a nurse completed a "body sheet" but did not provide medical care.
199. In recent weeks, officers have begun using pressurized fire extinguishers to inflict painful and toxic punishments on prisoners. Officers spray prisoners at close range, covering them and filling the air with harsh chemicals that linger in the poorly ventilated cells. Earlier this month, for example, when a prisoner set a fire in order to obtain medical attention, an officer
47

Case 3:13-cv-00326-TSL-JMR Document 1 Filed 05/30/13 Page 48 of 83
sprayed him. Some prisoners cough up "black stuff' for days after being sprayed with fire extinguishers.
200. When Marcus Davis refused to speak with a mental health counselor and requested instead to speak with a psychiatrist, the counselor called the emergency response team which slammed Davis to the ground while punching him and then stripped him of his clothing.
201. On January 25, 2013, Plaintiff Jeffrey Covington asked to have his cell cleaned. The officer responded by choking him, saying "I can do what the fuck I want," slamming Mr. Covington to the ground and putting his foot on Covington's face.
202. Even medical staff has sadistically inflicted violence on prisoners. On July 1, 2012, a correctional officer witnessed a nurse assault a prisoner with "a shiny chrome tool with spirs [sic] on it." The officer reported that he saw the nurse:
[W]alk up to [the inmate] and drive the tool into his arm and run it down the backside of his arm. She started this in his [left] tricep and run the tool all the way down to his wrist, leaving both marks on his arm and drawing blood. [The nurse] then turned to me and said, "[--]22 bring his ass down to medical; I got something else for his ass." The inmate was behind his cell door at all times with his arm out of the food slot. He posed no threat of any kind to medical or to custody staff. Use of Force against Medically or Psychiatrically Vulnerable Prisoners 203. During their tours of EMCF in 2010 and 2011, Plaintiffs' Counsel and their experts expressed deep concerns directly to Defendants about chemical agents such as Mace being used on medically fragile prisoners. Defendants Epps and Perry were put on personal notice of these risks. Derrick Hayes 204. Plaintiff Derrick Hayes suffers from asthma. In December 2012, Mr. Hayes refused to close his tray slot to protest not having received his asthma inhaler. Although Mr.
22 Officer's name removed.
48

Case 3:13-cv-00326-TSL-JMR Document 1 Filed 05/30/13 Page 49 of 83
Hayes was not presenting any current threat, an officer sprayed Mace into his cell and then closed the tray flap, eliminating the only source of ventilation. As a result, Mr. Hayes suffered an asthma exacerbation. Mr. Hayes was examined by a nurse but was not permitted to decontaminate or wash the Mace from his skin or eyes. The officer who sprayed Mr. Hayes with Mace asked him if he was planning to tell his lawyers. In 2011, Plaintiffs' Counsel notified Defendant Perry that Mr. Hayes' asthma put him at high medical risk from chemical sprays. Larry Walker
205. Larry Walker suffers from symptoms of serious mental illness. He also suffers from hypertension and kidney dysfunction; he has been told that he will need dialysis soon. On April 5, 2013, Mr. Walker was locked in a cell behind a solid door in long-term solitary confinement when he felt pain in his kidney and began to feel sick. He tried to get the attention of an officer but there were none on his zone. Other prisoners began kicking on their doors, hoping that the noise would summon help. But no help came. In a last attempt to attract the attention of an officer, Mr. Walker set a milk carton on fire.
206. Mr. Walker's efforts succeeded and a high ranking officer came to his cell door carrying a fire extinguisher. The officer aimed the fire extinguisher at Mr. Walker through his tray slot and sprayed Mr. Walker while yelling "Die, I want you to die. I'm a [sic] make sure I kill you before I leave here" and "I am going to help you die." When he was done spraying, the officer closed the tray slot and left. Mr. Walker passed out. As of April 16, he had not left his cell out of fear for his safety and was scared to eat solid food. Residue from the fire extinguisher remained in his cell. Because there is no functioning light in his cell, he lives in near darkness.
49

Case 3:13-cv-00326-TSL-JMR Document 1 Filed 05/30/13 Page 50 of 83
Anthony Evans 207. Plaintiff Anthony Evans suffers from a long history of serious mental illness and
seizure disorder. While in solitary confinement he felt a seizure coming on and threw his tray through the tray slot in an effort to get officers' attention. An officer, who was in the process of spraying another prisoner with Mace, stopped what he was doing and emptied the remainder of the gas canister into Mr. Evans' cell. The officer called him a "bitch" before closing the tray slot and leaving Mr. Evans in the cell behind the solid door with no ventilation. Moments later, Mr. Evans passed out while having a seizure. Eric Ward
208. Plaintiff Eric Ward has an established history of serious mental health needs, and has been prescribed antipsychotic and antidepressant medications. On October 3, 2012, Mr. Ward was transferred back to EMCF from the Central Mississippi Correctional Facility. After arriving, Mr. Ward informed staff that he had not eaten and needed food. When he did not receive food, Mr. Ward threatened to cut himself with a razor. When Mr. Ward refused to give the razor to staff, a mental health counselor arrived and watched as an officer sprayed Mace into Mr. Ward's cell. Mr. Ward was not permitted to wash the Mace off his skin and eyes until two hours later.
FAILURE TO PROTECT PRISONERS FROM VIOLENCE An Overt Culture of Violence, Threats, and Fear
209. Defendants fail to protect prisoners at EMCF from routine extortion, threats of violence, and brutal assaults, including sexual assaults. Stabbings are commonplace. Even in lock-down units, some prisoners can disable the locks in their cell doors and come and go as they please without interference by staff. Prisoners are extorted for money with threats of violence
50

Case 3:13-cv-00326-TSL-JMR Document 1 Filed 05/30/13 Page 51 of 83
against the prisoner and against his family members in the community. Family members of prisoners are also extorted by use of threats of violence against prisoners at EMCF. Staff Actively Facilitate and Promote Violent Attacks
210. Some correctional staff at EMCF actively arrange and enable attacks on prisoners. Phillip Fredenburg
211. On September 5, 2012, Mr. Fredenburg was brutally assaulted. Several officers were complicit in or facilitated the assault.
212. That morning, two officers escorted Mr. Fredenburg from the showers and locked him in his cell. Shortly after, the officers escorted another prisoner to Mr. Fredenburg's cell. This second prisoner disabled the locking mechanism in Mr. Fredenburg's cell door. Six other prisoners on the zone also disabled their locks, allowing them to come and go as they pleased (a common occurrence at EMCF).
213. The officers then exited the zone for the day, leaving the zone unattended. 214. The prisoner that staff escorted into Mr. Fredenburg's cell took him to another cell where four prisoners viciously beat him and stomped on his face. 215. An officer remained in the control tower throughout the assault on Mr. Fredenburg. This officer had full access to the security cameras monitoring the zone and the electronic system that indicates which cell doors are open. However, this officer allowed the beating to proceed. Security camera footage documented much of the incident. 216. Mr. Fredenburg remained seriously injured in his cell without help all day. That evening, an officer told him that he would return and take him to medical. This never happened. 217. By the following morning, 24 hours following the beating, Mr. Fredenburg had still not received medical attention for his wounds and injuries. Mr. Fredenburg set multiple
51

Case 3:13-cv-00326-TSL-JMR Document 1 Filed 05/30/13 Page 52 of 83
fires in front of his cell to get help. Finally, he was taken to see the doctor, who ordered x-rays of his skull to check for a broken nose.
218. On June 19, 2012, in another example of officer involvement in prisoner violence, an officer in the solitary confinement unit escorted four prisoners into a vestibule area between housing zones and opened a door allowing ten rival prisoners into the vestibule. Predictably, a mass altercation erupted and one prisoner was stabbed in the spine before the fight was quelled. Security footage shows the officer laughing and possibly offering instructions to one group of prisoners before the attack began.
219. A subsequent investigation concluded that "the preponderance of evidence" showed that the officer "voluntarily accessed pod doors on a lockdown unit to allow an assault to take place."
220. In yet another example, on April 1, 2012, prisoners were drinking homemade alcohol on one of the housing zones when several rival prisoners from another housing unit arrived and gave one of the other prisoners until midnight to pay off a $50 debt. The two groups of prisoners began fighting each other and throwing chairs. An internal investigation noted that several witnesses reported that a correctional officer allowed the rival prisoners members onto the zone on which the fight took place. One prisoner was stabbed in the back with a knife and required hospitalization in a critical care unit. Gross Failures to Protect Prisoners from Violence
221. Even when officers do not actively facilitate violence, they are deliberately indifferent to its regular occurrence.
222. Conditions at EMCF were so dangerous that, in June 2012, the Occupational Safety and Health Administration (OSHA) proposed a $104,000 fine for the multiple safety
52

Case 3:13-cv-00326-TSL-JMR Document 1 Filed 05/30/13 Page 53 of 83
violations that placed correctional staff at risk. OSHA characterized the violations as "willful." The most egregious violation was a failure to furnish "employment and a place of employment which were free from recognized hazards that were causing or likely to cause death or serious physical harm to employees." These same deficiencies place prisoners at risk of death and injury. Staff and prisoners face exposure to violence due to the failure to maintain adequate levels of staff and properly functioning locks on cell doors.
223. But faulty equipment and understaffing are not the only failures that place prisoners at risk of violence. Staff regularly turn their backs on threats, with tragic results.
224. In April2013, a prisoner in solitary confinement was being taken from the shower to his cell when he was stabbed in the thigh with a homemade spear. Later, an officer told the victim that staff were aware of the spear and had even discussed it during a morning briefing but had failed to do anything about it.
225. An example an internal investigation dated February 20, 2012 concluded that two officers " ...were aware multiple offenders intended to harm [another prisoner] and they both made the decision to exit the zone without any attempt to ensure that the offender was not harmed." The prisoner they left behind was subsequently assaulted. Defendant Epps attached this investigation to his letter to GEO as evidence of their deficiencies. However, he has failed to take action sufficient to ensure that events such as these did not recur. As a result, prisoners at EMCF continue to be subjected to harm without intervention by staff.
226. Also in February 2012, Lindsey Johnson was stabbed while being escorted out of the shower in handcuffs. Another prisoner approached him and his two officer escorts left him alone to be stabbed. Two months later, he was stabbed again.
53

Case 3:13-cv-00326-TSL-JMR Document 1 Filed 05/30/13 Page 54 of 83
William Easterwood: A Victim of Robbery, Rape, and Beatings 227. William Easterwood arrived at EMCF on February 23, 2012. Over the next 24
hours, Mr. Easterwood was beaten, held at knife-point, and repeatedly raped. 228. When Mr. Easterwood arrived on the zone, he was met by eight prisoners who
escorted him into an empty cell where they beat and robbed him. His assailants told him that if he reported the beatings, they would place him on KOS (kill-on-sight) status. Later, he was taken to a different cell where he was forced to perform oral sex on one of his assailants. He was later anally raped four or five times by an attacker who held Mr. Easterwood captive with a store-bought butcher knife while snorting lines of cocaine between the rapes to help maintain an erection.
229. When Mr. Easterwood attempted to get help from an officer, his assailant intervened and told the officer that everything was OK. The officer left and the violence continued.
230. The following morning, staff noticed that Mr. Easterwood's face was bruised and swollen. He was found to have anal trauma and was taken to the hospital. Staff later recovered a pair ofblood-stained pants in Mr. Easterwood's cell, and a 15-inch butcher knife hidden behind an emergency exit sign. Mr. Easterwood's assailant tested positive for cocaine and marijuana. An investigation concluded that Mr. Easterwood's allegations "appear to be consistent with the footage reviewed." Eric Ward
231. Plaintiff Eric Ward has an established history of serious mental illness. On October 11, 2012, staff planned to transfer Mr. Ward to Unit 6. Mr. Ward explained that he had "red tags" on that unit and that his life would be in danger if moved there. Staff refused to listen.
54

Case 3:13-cv-00326-TSL-JMR Document 1 Filed 05/30/13 Page 55 of 83
In an attempt to forestall the move, Mr. Ward cut open his arm. He was subsequently transferred to a different housing unit, where he is being extorted for money with threats of bodily harm. Staff Endanger Prisoners by Ignoring Fires and Medical Emergencies
232. As noted elsewhere in this Complaint, officers make their rounds infrequently. At times, they block up the holes in the control tower with paper to avoid noise from the unit. This also prevents them from hearing - and responding to - emergencies. One prisoner remarked that you "have to act like you're passed out, having a heart attack" before getting attention. Plaintiff Tafforest Chandler reports that there is simply not enough staff to keep prisoners and correctional officers safe. Banging on doors and setting fires is sometimes the only way to get help. Security video footage of one unit shows that during the course of a single morning, two fires were allowed to bum out of control for several minutes before staff responded.
SANITATION AND ENVIRONMENTAL CONDITIONS 233. As discussed in detail above, prisoners in Units 5 and 6 live in filth and often without working lights or toilets and without access to showers or cleaning supplies. They are locked in their cells without daylight or exercise for days or weeks at a time. These conditions threaten their health, their sanity, and even their lives. 234. During his January 2011 site visit, Dr. Kupers observed prisoners screaming and waving their arms, desperate for attention; they had been locked in shower stalls, naked, for two hours without any response by staff. Prisoners described these incidents as routine. Dr. Kupers reported: I asked to enter an empty cell, and found it to be filthy with human excretions (blood or feces that had been there for some time) on the walls - I concluded the officers could not have been cleaning the cell while it was inhabited.
55

Case 3:13-cv-00326-TSL-JMR Document 1 Filed 05/30/13 Page 56 of 83
235. MDOC has long been aware of these conditions. Results of a March 28, 2011 inspection by the Mississippi Department of Health show broken toilets, sinks, pipes, and showers throughout the facility.
236. In a memorandum summarizing an October 12, 2011 site visit, a MDOC manager documented that he had observed debris thrown on the floor including "burned insulated food trays thrown in the area" and that at least three of these trays were set on fire while he was touring the housing area. He also noted that "it is evident that there is no Housekeeping/Sanitation Plan in effect in these pods." He added that "Many of these issues have been repeated and identified as deficient with minimal progress being made to correct." This memorandum was sent to former DCI Sparkman.
237. Conditions in these units are aptly described in an email by an MDOC employee to her managers dated April12, 2012 with the subject line "Unsanitary conditions."
This offender has been in the shower since 1545 hrs yesterday. I spoke with him and he stated he is still there because he refused to go in the cell. The window on the door is burned and has a big hole in it. The cell stinks of urine [and the] offender states the toilet does not work. And from the smell in the cell I would agree with him. Flies are all over the door because feces is in the hole on the front of the door. The cell needs to be cleaned immediately[.] [T]rays are in the cell he states from the last offender that was there. This is inexcusable. Another offender was placed in the shower at 1525 hours and was not taken out until2035 hrs[the following day].
238. Despite this email, the prisoner remained in the shower for an additional three hours, for a total of twenty-four. Staff Indifference Exacerbates the Dangers
239. On January 6, 2013, in Unit 5-B, the sprinkler system malfunctioned and a black oily substance and water sprayed into Stephen Harris' cell. Officers left him in the dirty wet cell the entire night. His clothes, mattress, and sheets were soaked with the foul substance. Harris
56

Case 3:13-cv-00326-TSL-JMR Document 1 Filed 05/30/13 Page 57 of 83
became ill and began to vomit. He asked for dry clothing and a dry mattress but did not receive them until more than two days later. He also asked for cleaning supplies, which he did not receive, to clean the black oily substance. Because there was no working light in his cell, he spent much of this time in darkness. Later, he slipped on the water in his cell causing a head injury and bleeding; he was not seen by medical until three or four days later. He is now experiencing spells of dizziness and forgetfulness.
240. Security officers allow fires to bum and do not take measures to protect asthmatic and other vulnerable prisoners. The housing areas fill with smoke from the uncontrolled fires, making it difficult for the prisoners to breathe. Plaintiff Courtney Galloway has had trouble breathing during these incidents and cannot get medical attention. There has never been a fire drill. In the last week of July 2012, after MDOC installed MTC as the new vendor-operator, a prisoner in Unit 2 set a fire. Other prisoners were locked in their cells, unable to escape the smoke. Marquise Greene had a severe asthma attack as a result. He was denied medical attention.
241. Ventilation in the cells in Unit 5 is so poor that prisoners, especially those with respiratory illnesses, have difficulty breathing. Air vents are never cleaned and the air is full of dust and lint.
242. Many prisoners lack blankets. Danyel Richardson had to purchase one to keep warm.
243. Each of the conditions described above, individually and taken together, creates a substantial risk of serious harm. Many prisoners suffer significant medical injuries and exacerbation of mental illness as a result of being subjected to this toxic combination of grossly inhumane environmental conditions.
57

Case 3:13-cv-00326-TSL-JMR Document 1 Filed 05/30/13 Page 58 of 83
NUTRITION AND FOOD SAFETY 244. Defendants, regardless of the contractor, are responsible for providing adequate nutrition to prisoners. They have not-and do not-fulfill this responsibility at EMCF. 245. In their 2011 expert reports, Dr. Kupers and Ms. LaMarre confirmed the nearuniversal reports from prisoners that they were being deliberately underfed and malnourished. 246. Ms. LaMarre found significant weight loss in 60 percent of the medical records she reviewed. Weight loss in these records ranged from 13 to 30 pounds with an average loss of 21 pounds. Some prisoners reported losing 40 to 60 pounds since arriving at EMCF. In one case, Ms. LaMarre documented a prisoner who was six feet tall and weighed 148 pounds. Dr. Kupers wrote that"...from my direct observation it is clear that all the men are much thinner, almost emaciated, in comparison to old snapshots that I viewed in their charts on their identity cards showing them much heavier." 247. Plaintiffs' Counsel and the experts promptly brought this pattern of extreme malnourishment at EMCF to Defendants' personal attention. In its written response to Ms. LaMarre's findings, GEO admitted that EMCF "recognizes there have been significant weight loss issues throughout the facility and is taking a multifaceted approach to resolving this concern." Two years have passed. The problem remains and may have worsened. Prisoners report that portion sizes, already tiny under GEO' s operation of the prison, have decreased even further in the months since MTC took over from GEO. Many prisoners appear gaunt and severely malnourished. 248. Prisoners in solitary confinement may suffer the worst since they have nothing to distract themselves from their hunger. Plaintiff Fredenburg explains that, in solitary
58

Case 3:13-cv-00326-TSL-JMR Document 1 Filed 05/30/13 Page 59 of 83
confinement, "there is nothing to look forward to, nothing to do except look forward to the next tray."
249. Months after Plaintiff Barrett had filed a grievance regarding inadequate food portions, he received the following response: "According to MDOC approved menu of 2900 calories a day, policy provide [sic] that all meals are nutritionally adequate and served in a manner that meets established governmental health and safety codes ... Therefore, I trust your request has been satisfied and consider this matter closed." Whatever MDOC policy may require, the reality is that many prisoners at EMCF are malnourished.
250. Food preparation and delivery are unsanitary. One prisoner described the trays as smelling like feces. The kitchen and food trays are dirty, putting prisoners at risk for food-borne illnesses. Trays are left out for extended periods of time before being distributed, causing the food to accumulate dirt and dust. Moreover, staff do not wear sanitary gloves or hair nets while serving food to prisoners.
A LONG HISTORY OF DELIBERATE INDIFFERENCE 251. Defendants are fully aware of the conditions of confinement at EMCF and the grave risks posed to prisoners' health and safety. In 2003, a federal court condemned the broken plumbing and "ping-pong toilets" on the death row unit at Parchman, stating, "No one in a civilized society should be forced to live under conditions that force exposure to another person's bodily wastes. No matter how heinous the crime committed, there is no excuse for such living conditions."23 Ten years later, prisoners in Units 5 and 6 at EMCF live in similarly foul and toxic conditions. In 2011, Plaintiffs' Counsel and two of the nation's top correctional health experts identified dangerously inadequate medical and mental health care at EMCF and three
23 Russell v. Johnson, No. 1:02CV261-JAD, 2003 WL 22208029, at *3 (N.D. Miss. May 21, 2003).
59

Case 3:13-cv-00326-TSL-JMR Document 1 Filed 05/30/13 Page 60 of 83
other MDOC facilities, including EMCF. The resulting reports, findings, and recommendations were submitted to Defendants and filed with a federal court but were largely ignored.24
252. On May 15, 2012, Plaintiffs' Counsel sent Defendant Epps a nine-page letter describing in detail conditions at EMCF. Plaintiffs' Counsel offered to retain correctional experts at their own expense to offer recommendations to fix the problems at EMCF, with those recommendations to be later memorialized. The offer was refused and the conditions outlined in the letter have since worsened.
253. Defendants have failed to provide the resources necessary to fulfill their statutory duties and have failed to provide a prison that complies with constitutional standards. During his tenure as Commissioner, Defendant Epps has reduced staffing by 600 persons and streamlined the agency "down to bare essentials."25 However, these savings have come at a cost to the prisoners in his care. On August 21, 2012, when EMCF was in a state of chaos as described above, a MDOC press release declared that Mississippi "'has one of the lowest costs-per-inmateday in the country. "'26
254. MDOC's deliberate indifference is further evidenced by its decisions to continue to contract with-and offer new contracts to-private prison vendors with poor records of performance. After GEO terminated its contract with MDOC, Defendants contracted with MTC, a for-profit, private prison contractor, to operate and manage EMCF, as well as Walnut Grove.
24 The reports of the experts were filed with the Court as Doc. No. 151 in Presley v. Epps, No. 4:05-CV00148 (N.D. Miss.) The experts' reports on conditions at EMCF are Doc. Nos. 151-7 and 151-8. 25 Epps Becomes Longest Serving MDOC Commissioner (MDOC Press Release), http://www.mdoc.state.ms.us/PressRe1eases/2009NewsReleases/MDOC%20NewsEpps%20is%20Longest%20Serving%20MDOC%20Commissioner.pdf (accessed May 24, 20 13). 26 MDOC Saves $11 Million Annually (MDOC Press Release), http://www.mdoc.state.ms.us/PressReleases/20 12NewsReleases/MDOC%20Cost%20Avoidances.pdf (accessed May 24, 2013).
60

Case 3:13-cv-00326-TSL-JMR Document 1 Filed 05/30/13 Page 61 of 83
Recently, the court-appointed monitors overseeing the implementation of the consent decree governing Walnut Grove found that the MTC-operated facility "continues to be plagued with clear signs of instability as evidenced by, among other things, high rates of inmate assaults, lockdowns, contraband control issues, and management of special populations."27
255. Despite these findings, Defendant Epps shortly thereafter signed a new multimillion dollar contract with MTC to operate another MDOC facility, the Wilkinson County Correctional Facility (WCCF). Two weeks ago, Defendant Epps stated that MDOC was pleased with its relationship with MTC and that he felt "extremely confident that MTC will do a great job" operating WCCF.28
256. As discussed in detail above, MDOC awarded a new contract to Health Assurance to provide care at EMCF weeks after Health Assurance was sharply criticized by a federal court. The new contract significantly reduced the amount of psychiatric care available to EMCF's seriously mentally ill prisoners.
257. Defendants have been repeatedly notified of the pervasive pattern of unchecked violence at EMCF; the private prison companies that operate EMCF are contractually obligated to send all incident reports to MDOC within a week. However, Defendants have provided no oversight of staff and have failed to take reasonable measures to protect prisoners from the obvious risks of serious harm. By the end of October 2011, violent incidents at EMCF had become so common that that the Lauderdale County Sheriff announced that he wanted to speak
27 Second Report of Monitors, DePriest v. Walnut Grove Corr. Auth., No.3: 10-cv-00663-CWR-FKB (S.D. Miss.), April4, 2013 (Doc. No. 86), at 2. 28 Vershal Hogan, Wilkinson County Prison to Get New Management Company, Natchez Democrat, May 18,2013.
61

Case 3:13-cv-00326-TSL-JMR Document 1 Filed 05/30/13 Page 62 of 83
with state officials about assigning a full-time investigator to investigate incidents at EMCF, as the facility was exhausting his resources. 29
MDOC Fails to Monitor and Hold its Health Care Contractors Accountable 258. Ms. LaMarre evaluated the medical care MDOC provides at three other MDOC
prisons besides EMCF. In her reports to Defendants, Ms. LaMarre emphasized that MDOC needs to take responsibility for the care of patients by exercising proper oversight of its contractors. In one report following her assessment of care at SMCI, she wrote that MDOC must:
... [D]evelop and implement a meaningful clinical oversight and monitoring program that holds medical vendors accountable to provide adequate health care to the population... [U]ntil MDOC implements such a program the medical and mental health problems noted in this report are likely to persist; resulting in preventable harm, including deaths at SMCI.30 259. Following her assessment of care at Parchman, she emphasized: ... [T]he need for the Mississippi Department of Corrections to have a meaningful clinical oversight and monitoring program that holds the medical vendor accountable for improving the medical and mental health care programs. Until this occurs, these findings are likely to persist; resulting in preventable harm to patients.31 260. Neither Defendant Perry nor any of the other Defendants responded to Ms. LaMarre's findings and recommendations. Instead, Defendants simply deferred to their contractors-who made no meaningful response.
29 Sollie on Prison Problems, Oct. 31, 2011, http://www.wtok.com/newslheadlines/Sollie_on_Prison_Problems.html#.UZwc68i3J8E (accessed May 26, 2013). 30 Expert Report of Madeleine L. LaMarre, MN, FNP-BC, on the South Mississippi Correctional Institution, Presley v. Epps, No. 4:05-cv-00148-DAS (N.D. Miss.), Nov. 8, 2011 (Doc. No. 151-13), at 7. 31 Expert Report of Madeleine L. LaMarre, MN, FNP-BC, on the Mississippi State Penitentiary, Presley v. Epps, No. 4:05-cv-00148-DAS (N.D. Miss.), Nov. 8, 2011 (Doc. No. 151-15), at 6.
62

Case 3:13-cv-00326-TSL-JMR Document 1 Filed 05/30/13 Page 63 of 83
261. Further, the contract Defendant Epps entered into with Health Assurance in 2012 incorporates all the faults and deficiencies of MDOC's contract with GEO. Despite Ms. LaMarre's warnings about the need for MDOC to implement a strong system of oversight, the auditing provisions in the new contract with Health Assurance are weak, substandard, and incapable of providing an accurate picture of the care actually provided.
262. For example, the Health Assurance contract specifies that "sick call referrals shall be evaluated by a physician or mid-level practitioner within seven (7) calendar days of the original complaint." Even if Health Assurance were to comply with this provision, the provision itself falls far below the accepted standard of care. Health Assurance could delay evaluating a patient with acute chest pain for seven days and still comply with the contract.
RETALIATION FOR SEEKING REDRESS OF GRIEVANCES 263. MDOC and EMCF staff actively intimidate, coerce, mislead, obstruct, and threaten prisoners who file grievances, meet with their attorneys, seek redress in the federal courts, or otherwise complain about conditions of confinement. Direct Intimidation and Retaliation by Correctional and Medical Staff 264. In March 2013, Plaintiff Dockery had trouble breathing inside his solitary confinement cell due to smoke from the fires that had been burning on the unit. He complained to an officer who was passing by. The officer responded that he "didn't give a fuck" and slammed the tray slot closed on Mr. Dockery's wrist. 265. Prisoners are told that "what happens on the zone, stays on the zone." An officer assaulted Garrick Woods, then threatened that he would "punch him in his dumb mouth" if he reported the incident.
63

Case 3:13-cv-00326-TSL-JMR Document 1 Filed 05/30/13 Page 64 of 83
266. Upon information and belief, some officers enlist other prisoners to intimidate and extort prisoners who make complaints.
267. An officer entered Plaintiff Fredenburg's cell a few days after Mr. Fredenburg met with the Plaintiffs' counsel, told him to cuff up, and demanded to know "what those ACLU people want." When Mr. Fredenburg asserted his right to maintain the confidentiality of his legal matters, the officer read and confiscated some of his legal papers. An officer approached Plaintiff Hayes after Mr. Hayes met with Plaintiffs' Counsel, and demanded that Mr. Hayes tell him what he had told his attorneys, taunting "whatcha gonna do, snitch to your lawyer?" Another officer recently told a prisoner that the ACLU was not going to be able to protect him.
268. On March 6, 2013, minutes after speaking with Plaintiffs' Counsel, Plaintiff Dockery was taken into a room by several officers, a mental health counselor, and other staff who interrogated him about his meeting with Plaintiffs' Counsel. Later that day, Plaintiff Fredenburg was brought into the same room and similarly interrogated about his meeting with Plaintiffs' Counsel.
269. Some health care staff similarly intimidate, threaten, or retaliate against prisoners who raise concerns about their medical care.
270. In June 2012, Plaintiff Campbell submitted an emergency grievance ("ARP") seeking mental health care. In mid-October, during a medical appointment, the facility physician asked Mr. Campbell about his involvement with Plaintiffs' Counsel. The physician said that he would give Mr. Campbell whatever he wanted, referring to medical care. Mr. Campbell insisted that he would not discuss his legal affairs. The doctor became very angry, left the room, and did not return to treat Mr. Campbell. During a subsequent encounter, the doctor denied having asked about his legal matters, yet asked to see the legal and medical papers that Mr. Campbell was
64

Case 3:13-cv-00326-TSL-JMR Document 1 Filed 05/30/13 Page 65 of 83
carrymg. Mr. Campbell, once again, declined. The doctor became angry and told him that he "didn't give a rat's ass" about any lawsuit. He then told Mr. Campbell that there was nothing medically wrong with him.
271. The same physician met with a prisoner who had submitted an ARP relating to mental health care. The physician instructed the prisoner not to speak with Plaintiffs' Counsel:
[The doctor] asked me if I was involved with the ACLU. I told him that I had met with the ACLU and that they had helped me with the ARP. [The doctor] told me that I should not speak with the ACLU and that if I had problems with medical that I should come straight to him and that he would take care of it immediately. He was pretty strong in the way he was talking and implied that I shouldn't take problems out of medical [and] that he would have twenty minutes of paperwork unless I dropped [the] ARP. 272. Another prisoner who submitted a health-care related ARP had a similar encounter with the same physician: [The doctor] asked me ifl was one of the inmates who had been talking to the ACLU. I told him "no" even though I had met with SPLC. I was scared that if I told the truth I would be sent to Parchman or locked down. [The doctor] told me that I should stop talking to the ACLU and to give him a chance to help him.
273. These prisoners never received the proper care that they sought in their ARPs. MDOC Avoids Accountability by Abusing the Administration Remedies Program
274. Prisoner grievances in Mississippi are referred to as "ARPs," short for Administrative Remedy Program. According to its official policy:
The MDOC has established the Administrative Remedy Program through which an inmate may seek formal review of a complaint which relates to any aspect of his incarceration if less formal methods have not resolved the matter. Through this procedure, inmates shall receive reasonable responses and where appropriate, reasonable remedies. 32
32 Administrative Remedy Program, filed as Doc. 1242-1, Gates v. Barbour, No. 4:71-cv-00006-DAS (N.D. Miss. Aug 19, 2010).
65

Case 3:13-cv-00326-TSL-JMR Document 1 Filed 05/30/13 Page 66 of 83
275. MDOC and EMCF officials actively thwart prisoners who seek help through the Administrative Remedy Program. Defendants' conduct is even more egregious in that successful completion of the two-step ARP process is a prerequisite under the Prison Litigation Reform Act (PLRA) to filing a prisoner lawsuit in federal court. MDOC routinely moves to dismiss cases of prisoners whose efforts to exhaust their administrative remedies have been thwarted by MDOC's agents, contractors, and employees. With only a few exceptions, MDOC has outsourced the adjudication of ARPs to its private prison contractors. Staff at EMCF determine whether ARPs are meritorious and whether relief should be granted. Prisoners unsatisfied with the results may appeal, but the appeals are also adjudicated by staff at the facility. ARPs complaining about medical care are commonly adjudicated by the staff member who provided the allegedly substandard care.
276. ARPs submitted by prisoners at EMCF routinely "disappear" or are simply ignored. This phenomenon is not new. As noted in a recent judicial opinion, in 2009, Defendants' ARP coordinator for EMCF admitted "lately some ARPs have been lost in the Commissioner's office."33
277. One prisoner submitted an ARP stating that "I am afraid to tell staff here about thoughts of harming myself. ..I want to get proper mental health care." The prisoner clearly identified the document as an ARP, but MDOC refused to process it because it did not contain the phrase "this is a request for administrative remedy."
33 As Judge Reeves noted, "A prisoner cannot realistically exhaust a special issue ARP if it is lost by MDOC." Rivers v. Caskey, No. 4:09-CV-79-CWR-LRA, 2012 WL 4508002, at *3 (S.D. Miss Sept. 28, 2012).
66

Case 3:13-cv-00326-TSL-JMR Document 1 Filed 05/30/13 Page 67 of 83
278. MDOC and the contractors at EMCF, individually and in concert, mislead, harass, coerce, and retaliate against prisoners who attempt to follow the rules by bringing complaints through the ARP process.
279. It appears that at least one official has even resorted to forgery to interfere with a prisoner's right to use the grievance system. In September 2012, Plaintiff Derrick Hayes submitted an ARP regarding the asthma exacerbation he suffered when Mace is sprayed in the solitary confinement unit. Despite the urgency of the subject matter, he received no response. After more than two months had elapsed, Plaintiffs' Counsel asked MDOC to report on the status of his ARP. Shortly after, an MDOC official visited Mr. Hayes and asked him if he "was ready to drop" his ARP. Mr. Hayes told him "no." A few more months passed without Mr. Hayes receiving a reply to his ARP. Once again, Plaintiffs' Counsel asked MDOC to investigate. This time, MDOC responded by sending a copy of a document stating, "My complaint has been satisfied and I voluntarily drop the above named cause [sic] number" with a signature that purported to be Mr. Hayes'. Mr. Hayes had never seen the document before and had never agreed to withdraw his ARP. The document was a crude forgery.
280. Officials and staff mislead prisoners about the rules of the ARP program. For example, in September 2012, Plaintiff McAbee submitted an ARP seeking proper care for his HIV infection and hypertension. Mr. McAbee already had another ARP pending at that time. Mr. McAbee was told that he would have to withdraw the ARP seeking medical care because the staff member responsible for processing ARPs told him that there was a policy that he could only submit one ARP at a time. No such policy exists in the Mississippi Department of Corrections. However, Mr. McAbee, believing what he was told by staff, withdrew one of the ARPs but had
67

Case 3:13-cv-00326-TSL-JMR Document 1 Filed 05/30/13 Page 68 of 83
no means of determining which one he withdrew. Multiple prisoners have been similarly misled and forced to withdraw ARPs.
281. Similarly, when prisoners finally complete the ARP process and have received a second-step response, they are told in writing that they are "eligible to seek judicial review within 30 days of receipt of the Second Step Response." There is no requirement in federal statutes or rules that mandates that prisoners must file their civil actions within 30 days of completing a prison's grievance process.
282. In November 2012, after Plaintiffs' Counsel asked MDOC to investigate multiple ARPs that had yet to receive responses, MDOC sent an Administrative Remedy Program Investigator to the facility in an effort to determine the cause of the delays in processing grievances. The investigator persisted in asking prisoners about their confidential legal affairs, privileged conversations, and relationship with Plaintiffs' Counsel. In one such instance:
The man from MDOC asked me a lot of questions about my lawyers. He asked me if I was speaking with the ACLU and if I filed my ARP before or after I met with the ACLU. He wanted to know the name of my lawyer and who came to see me. He asked if I was still contacting the ACLU and when was the last time I met with them. He asked me a lot of questions. I asked him why he was asking all these questions about my lawyers. He told me that these were standard questions to ask. Other prisoners similarly report being asked about their involvement with Plaintiffs' Counsel and/or had incorrect information about their conversations reported back to MDOC by the investigator. 283. Prisoners are fearful of coming forward as witnesses because of the strong risk of retaliation. As described above, at best, MDOC will ignore their grievances or use them as an opportunity to gather intelligence about potential litigation. At worst, prisoners who raise concerns are subject to threats, retaliation, and bodily harm.
68

Case 3:13-cv-00326-TSL-JMR Document 1 Filed 05/30/13 Page 69 of 83
CLASS ACTION ALLEGATIONS The EMCF Class
284. Pursuant to Federal Rules of Civil Procedure 23(a), 23(b)(l), and 23(b)(2), Plaintiffs Vann, Dockery, Thompson, Covington, Osborne, Galloway, Fredenburg, Barrett, Chandler, Hayes, Ward, Lindsey, Campbell, Luckett, McAbee, and Evans (collectively, the "EMCF Class Plaintiffs") bring this action on behalf of themselves and a class of all persons who are currently, or will be, confined at the East Mississippi Correctional Facility (hereinafter, the "EMCF Class").
285. As described more fully above, Plaintiff McAbee has HIV and hypertension. Plaintiff Lindsey has glaucoma; he is now legally blind because of Defendants' failure to provide him adequate medical care. PlaintiffVann has diabetes. Despite having direct knowledge of the substantial risk of serious harm Plaintiffs face as a result of receiving poor medical care, Defendants continue to endanger them through their policies and practices.
286. Plaintiffs Hayes, Covington, Galloway, and Thompson all have long histories of serious mental illness. As described more fully above, as a result of Defendants' policies and practices, they are subjected to excessive force by officers and are at a substantial risk of serious harm, including death. Defendants are aware of the dangers posed by their policies and practices but have failed to take reasonable steps to abate those risks.
287. Plaintiffs Fredenburg and Ward are confined at EMCF in solitary confinement. As described more fully above, Mr. Fredenburg has been in solitary confinement for over a year and lives in the "Dead Zone," or "Dead Area." As a result of Defendants' policies and practices, Mr. Fredenburg was viciously beaten by other prisoners while security officers were either absent or did nothing to intervene. Mr. Ward has a long history of serious mental illness and
69

Case 3:13-cv-00326-TSL-JMR Document 1 Filed 05/30/13 Page 70 of 83
self-harm. As discussed more fully below, as a result of Defendants' policies and practices, Mr. Ward has been placed at a substantial risk of serious harm in the form of being attacked by other prisoners. Defendants are aware of the threats posed by their failure to protect prisoners like Plaintiffs Fredenburg and Ward from violence but have failed to abate those risks. Fed. R. Civ. P. 23(a)(l): Numerosity
288. EMCF currently houses more than 1,110 prisoners and has a capacity of 1,500. The proposed class also includes prisoners who will be confined at EMCF in the future. Therefore, the Class is so numerous that joinder of all class members is impracticable. Fed. R. Civ. P. 23(a)(2): Commonality
289. There are multiple questions of law and fact common to the entire EMCF Class, including:
a. Whether the lack of adequate medical care provided at EMCF constitutes deliberate indifference in violation of the Eighth and Fourteenth Amendments to the United States Constitution;
b. Whether the lack of adequate nutrition provided to prisoners at EMCF violates the Eighth and Fourteenth Amendments to the United States Constitution;
c. Whether insufficient staffing at EMCF and resulting unsafe conditions violate the Eighth and Fourteenth Amendments to the United States Constitution;
d. Whether officers' use of excessive force, including force used against prisoners with serious mental illnesses, violates the Eighth and Fourteenth Amendments to the United States Constitution; and
e. Whether Defendants' failure to protect prisoners from being harmed by other prisoners constitutes a violation of the Eighth and Fourteenth Amendments to the United States Constitution.
Fed. R. Civ. P. 23(a)(3): Typicality 290. Each of the EMCF Class Plaintiffs, like all putative EMCF Class members, is
subject to Defendants' failure to provide adequate medical and mental health care, sufficient
70

Case 3:13-cv-00326-TSL-JMR Document 1 Filed 05/30/13 Page 71 of 83
staffing, and a safe environment. The EMCF Class Plaintiffs' claims, therefore, are typical of the EMCF Class' claims. Fed. R. Civ. P. 23(a)(4): Adequacy of Representation
291. Each of the EMCF Class Plaintiffs will fairly and adequately represent the interests of the EMCF Class and will diligently serve as class representatives. Their interests are co-extensive with those of the EMCF Class and they have retained a team of counsel experienced with class actions alleging constitutional violations at correctional facilities. Putative Class Counsel possess the experience and resources necessary to fairly and adequately represent the Class. Fed. R. Civ. P. 23(b)(2)
292. Defendants have acted, or failed to act, on grounds generally applicable to the entire EMCF Class. Specifically, Defendants are deliberately indifferent to the serious medical and mental health needs of EMCF Class members and continually and knowingly ignore the substantial risk of serious harm posed by conditions at EMCF. Defendants' acts and omissions make final injunctive relief and corresponding declaratory relief appropriate as to the EMCF Class as a whole. The Isolation Subclass
293. Pursuant to Federal Rules of Civil Procedure 23(a), 23(b)(l), and 23(b)(2), Plaintiffs Dockery and Hayes (the "Isolation Subclass Plaintiffs") bring this action on behalf of themselves and a class of all persons who are currently, or will be, subjected to Defendants' policies and practices of confining prisoners in conditions amounting to solitary confinement at the East Mississippi Correctional Facility (hereinafter, the "Isolation Subclass").
71

Case 3:13-cv-00326-TSL-JMR Document 1 Filed 05/30/13 Page 72 of 83
294. As described more fully above, the Isolation Subclass Plaintiffs have long histories of serious mental illness. Defendants are aware of their serious mental illnesses and continue to place the Isolation Subclass Plaintiffs at a substantial risk of serious harm by housing them in solitary confinement where, in addition to the risks posed to their mental health, they are forced to live in filthy, dangerous, and degrading conditions. Defendants know, and have known, of these risks but have failed to abate those risks. Fed. R. Civ. P. 23(a)(l): Numerosity
295. Approximately 125 prisoners are currently subject to Defendants' policies and practices of confining prisoners in conditions that amount to solitary confinement at EMCF. During periods of extended lockdown, that number can increase by several hundred. The proposed subclass also includes prisoners who will be subject to Defendants' policies and practices of confining prisoners in conditions that amount to solitary confinement at EMCF in the future. Therefore, the Subclass is so numerous that joinder of all Subclass members is impracticable. Fed. R. Civ. P. 23(a)(2): Commonality
296. There are multiple questions of law and fact common to the entire Subclass, including:
a. Whether the placement of seriously mentally ill prisoners in solitary confinement violates the Eighth and Fourteenth Amendments to the United States Constitution;
b. Whether forced idleness, sensory deprivation, and the lack of recreation, exercise, and programming in solitary confinement violates the Eighth and Fourteenth Amendments to the United States Constitution; and
c. Whether the lack of adequate medical and mental health services provided to prisoners held in conditions amounting to solitary confinement constitutes deliberate indifference in violation of the Eighth and Fourteenth Amendments to the United States Constitution.
72

Case 3:13-cv-00326-TSL-JMR Document 1 Filed 05/30/13 Page 73 of 83
Fed. R. Civ. P. 23(a)(3): Typicality 297. The Isolation Subclass Plaintiffs, like all putative Isolation Subclass members, are
subject to Defendants' policies and practices of confining prisoners in conditions that amount to solitary confinement. The Isolation Subclass Plaintiffs' claims, therefore, are typical of the Isolation Subclass' claims. Fed. R. Civ. P. 23(a)(4): Adequacy of Representation
298. The Isolation Subclass Plaintiffs will fairly and adequately represent the interests of the Isolation Subclass and will diligently serve as Subclass representatives. Their interests are co-extensive with those of the Subclass and they have retained a team of counsel experienced with class actions alleging constitutional violations at correctional facilities. Putative Class Counsel possess the experience and resources necessary to fairly and adequately represent the Subclass. Fed. R. Civ. P. 23(b)(2)
299. Defendants have acted, or failed to act, on grounds generally applicable to the entire Isolation Subclass. Specifically, Defendants are responsible for the promulgation of policies and practices related to the confinement of prisoners in conditions of solitary confinement. All Isolation Subclass members are subject to these same policies and practices. Defendants' acts and omissions make final injunctive relief and corresponding declaratory relief appropriate as to the Subclass as a whole. The Mental Health Subclass
300. Pursuant to Federal Rules of Civil Procedure 23(a), 23(b)(l), and 23(b)(2), Plaintiffs Evans, Campbell, and Osborne (collectively, "the Mental Health Subclass Plaintiffs") bring this action on behalf of themselves and a subclass of all persons who are currently, or will
73

Case 3:13-cv-00326-TSL-JMR Document 1 Filed 05/30/13 Page 74 of 83
be, subject to Defendants' mental health care policies and practices at the East Mississippi Correctional Facility (hereinafter, the "Mental Health Subclass").
301. As described more fully above, Plaintiffs Evans, Campbell, and Osborne are confined at EMCF and have long histories of paranoid schizophrenia and psychosis. As a result of Defendants' policies and practices, they are denied care to meet their serious mental health needs. As described more fully herein, Defendants are aware of the substantial risk of serious harm posed by failing to adequately treat prisoners' serious mental illnesses. Fed. R. Civ. P. 23(a)(l): Numerosity
302. Several hundred prisoners are currently subject to Defendants' mental health care policies and practices at EMCF. The proposed subclass also includes (1) prisoners currently confined at EMCF who will be subject to these policies and practices in the future; and (2) prisoners who will be confined at EMCF in the future and who will be subject to these policies and practices. Therefore, the Mental Health Subclass is so numerous that joinder of all Subclass members is impracticable. Fed. R. Civ. P. 23(a)(2): Commonality
303. There are multiple questions of law and fact common to the entire Mental Health Subclass, including whether Defendants' mental health care policies and practices constitute deliberate indifference to serious mental health needs by creating a substantial risk of serious harm in violation of the Eighth and Fourteenth Amendments to the United States Constitution. Fed. R. Civ. P. 23(a)(3): Typicality
304. Each of the Mental Health Subclass Plaintiffs, like all putative Subclass members, are subject to Defendants' mental health care policies and practices. The Mental Health Subclass Plaintiffs' claims, therefore, are typical of the Mental Health Subclass' claims.
74

Case 3:13-cv-00326-TSL-JMR Document 1 Filed 05/30/13 Page 75 of 83
Fed. R. Civ. P. 23(a)(4): Adequacy of Representation 305. Each of the Mental Health Subclass Plaintiffs will fairly and adequately represent
the interests of the Mental Health Subclass and will diligently serve as subclass representatives. Their interests are co-extensive with those of the Mental Health Subclass and they have retained a team of counsel experienced with class actions alleging constitutional violations at correctional facilities. Putative Class Counsel possess the experience and resources necessary to fairly and adequately represent the Subclass. Fed. R. Civ. P. 23(b)(2)
306. Defendants have acted, or failed to act, on grounds generally applicable to the entire Subclass. Specifically, Defendants are responsible for the promulgation of policies and practices related to mental health care. All Mental Health Subclass members are subject to these same policies and practices. Defendants' acts and omissions make final injunctive relief and corresponding declaratory relief appropriate as to the Mental Health Subclass as a whole. The Units 5 and 6 Subclass
307. Pursuant to Federal Rules of Civil Procedure 23(a), 23(b)(l), and 23(b)(2), Plaintiffs Luckett, Chandler, and Galloway (collectively, "the Units 5 and 6 Subclass Plaintiffs") bring this action on behalf of themselves and a class of all persons who are currently, or will be, housed in Units 5 and 6 at the East Mississippi Correctional Facility (hereinafter, the "Units 5 and 6 Subclass"). Fed. R. Civ. P. 23(a)(l): Numerosity
308. Approximately 250 prisoners are currently housed in Units 5 and 6 at EMCF. The proposed Subclass also includes all prisoners who will be housed in these units in the future. Therefore, the Subclass is so numerous that joinder of all Subclass members is impracticable.
75

Case 3:13-cv-00326-TSL-JMR Document 1 Filed 05/30/13 Page 76 of 83
Fed. R. Civ. P. 23(a)(2): Commonality 309. There are multiple questions of law and fact common to the entire Units 5 and 6
Subclass, including: a. Whether Defendants' policies and practices of failing to maintain toilets, light fixtures, and showers in clean and working order constitute violations of the Eighth and Fourteenth Amendments to the United States Constitution; and b. Whether Defendants' policies and practices of housing prisoners in filthy conditions, including subjecting them to an infestation of rodents, constitute violations of the Eighth and Fourteenth Amendments to the United States Constitution.
Fed. R. Civ. P. 23(a)(3): Typicality 310. Each of the Units 5 and 6 Subclass Plaintiffs, like all putative Subclass members,
are subject to Defendants' policies and practices of failing to maintain a clean and safe environment. The Units 5 and 6 Subclass Plaintiffs' claims, therefore, are typical of the Units 5 and 6 Subclass' claims. Fed. R. Civ. P. 23(a)(4): Adequacy of Representation
311. Each of the Units 5 and 6 Subclass Plaintiffs will fairly and adequately represent the interests of the Units 5 and 6 Subclass and will diligently serve as subclass representatives. Their interests are co-extensive with those of the Units 5 and 6 Subclass and they have retained a team of counsel experienced with class actions alleging constitutional violations at correctional facilities. Putative Class Counsel possesses the experience and resources necessary to fairly and adequately represent the Subclass. Fed. R. Civ. P. 23(b)(2)
312. Defendants have acted, or failed to act, on grounds generally applicable to the entire class. Specifically, Defendants are responsible for the promulgation of policies and practices governing the environmental conditions in Units 5 and 6 to which all prisoners housed
76

Case 3:13-cv-00326-TSL-JMR Document 1 Filed 05/30/13 Page 77 of 83
therein are subject. All Units 5 and 6 Subclass members are subject to these same policies and practices. Defendants' acts and omissions make final injunctive relief and corresponding declaratory relief appropriate as to the Units 5 and 6 Subclass as a whole.
CLAIMS FOR RELIEF First Claim for Relief
(Eighth Amendment and 42 U.S.C. § 1983: Health Care) 313. By their policies and practices described herein, Defendants subject the EMCF Class Plaintiffs and the EMCF Class to a substantial risk of serious harm and injury from inadequate medical care, including dental care, optical care, and other health-related services. These policies and practices have been and continue to be implemented by Defendants and their agents, officials, employees, and all persons acting in concert with them under color of state law, in their official capacities, and are the cause of the EMCF Class Plaintiffs' and the EMCF Class' ongoing deprivation of rights secured by the United States Constitution under the Eighth and Fourteenth Amendments and federal law. 314. Defendants have been and are aware of all of the deprivations complained of herein, and have condoned or been deliberately indifferent to such conduct.
Second Claim for Relief (Eighth Amendment and 42 U.S.C. § 1983: Mental Health Care) 315. By their policies and practices described herein, Defendants subject the Mental Health Subclass Plaintiffs and the Mental Health Subclass to a substantial risk of serious harm and injury from inadequate mental health care. These policies and practices have been and continue to be implemented by Defendants and their agents, officials, employees, and all persons acting in concert with them under color of state law, in their official capacities, and are the cause of the Mental Health Subclass Plaintiffs' and the Mental Health Subclass' ongoing deprivation of
77

Case 3:13-cv-00326-TSL-JMR Document 1 Filed 05/30/13 Page 78 of 83
rights secured by the United States Constitution under the Eighth and Fourteenth Amendments and federal law.
316. Defendants have been and are aware of all of the deprivations complained of herein, and have condoned or been deliberately indifferent to such conduct.
Third Claim for Relief (Eighth Amendment and 42 U.S.C. § 1983: Isolation) 317. By their policies and practices described herein, Defendants subject the Isolation Subclass Plaintiffs and the Isolation Subclass to a substantial risk of serious harm and injury from housing them in conditions that amount to solitary confinement, including risks of harm from inadequate physical exercise, filthy and unsafe environmental conditions, inadequate nutrition, inadequate mental health treatment, and conditions of extreme social isolation and sensory deprivation. These policies and practices have been and continue to be implemented by Defendants and their agents, officials, employees, and all persons acting in concert with them under color of state law, in their official capacities, and are the cause of Isolation Subclass' Plaintiffs and the Isolation Subclass' ongoing deprivation of rights secured by the United States Constitution under the Eighth and Fourteenth Amendments and federal law. 318. Defendants have been and are aware of all of the deprivations complained of herein, and have condoned or been deliberately indifferent to such conduct.
Fourth Claim for Relief (Eighth Amendment and 42 U.S.C. § 1983: Excessive Force) 319. By their policies and practices described herein, Defendants subject the EMCF Class Plaintiffs and the EMCF Class to a substantial risk of serious harm and injury from the infliction of excessive force. These policies and practices have been and continue to be implemented by Defendants and their agents, officials, employees, and all persons acting in
78

Case 3:13-cv-00326-TSL-JMR Document 1 Filed 05/30/13 Page 79 of 83
concert with them under color of state law, in their official capacities, and are the cause of the EMCF Class' Plaintiffs and the EMCF Class' ongoing deprivation of rights secured by the United States Constitution under the Eighth and Fourteenth Amendments and federal law.
320. Defendants have been and are aware of all of the deprivations complained of herein, and have condoned or been deliberately indifferent to such conduct.
Fifth Claim for Relief (Eighth Amendment and 42 U.S.C. § 1983: Protection from Harm) 321. By their policies and practices described herein, Defendants subject the EMCF Class Plaintiffs and the EMCF Class to a substantial risk of serious harm by failing to protect them from violence, ignoring by act or omission, emergency situations, and enabling violent attacks on prisoners. These policies and practices have been and continue to be implemented by Defendants and their agents, officials, employees, and all persons acting in concert with them under color of state law, in their official capacities, and are the cause of the EMCF Class Plaintiffs' and the EMCF Class' ongoing deprivation of rights secured by the United States Constitution under the Eighth and Fourteenth Amendments and federal law. 322. Defendants have been and are aware of all of the deprivations complained of herein, and have condoned or been deliberately indifferent to such conduct.
Sixth Claim for Relief (Eighth Amendment and 42 U.S.C. § 1983: Environmental Conditions) 323. By their policies and practices described herein, Defendants subject the Units 5 and 6 Subclass Plaintiffs and the Units 5 and 6 Subclass to a substantial risk of serious harm and injury from dangerous environmental conditions, including, but not limited to, vermin, exposure to smoke and other toxic substances that endanger health, filthy cells and fixtures, broken plumbing, inoperable lighting, constant illumination, and inadequate ventilation. These policies
79

Case 3:13-cv-00326-TSL-JMR Document 1 Filed 05/30/13 Page 80 of 83
and practices have been and continue to be implemented by Defendants and their agents, officials, employees, and all persons acting in concert with them under color of state law, in their official capacities, and are the cause of the Units 5 and 6 Subclass Plaintiffs' and the Units 5 and 6 Subclass' ongoing deprivation of rights secured by the United States Constitution under the Eighth and Fourteenth Amendments and federal law.
324. Defendants have been and are aware of all of the deprivations complained of herein, and have condoned or been deliberately indifferent to such conduct.
Seventh Claim for Relief (Eighth Amendment and 42 U.S.C. § 1983: Nutrition and Food Safety) 325. By their policies and practices described herein, Defendants subject the EMCF Class Plaintiffs and the EMCF Class to a substantial risk of serious harm and injury by providing inadequate nourishment to maintain health and serving food in an unsanitary and unsafe manner. These policies and practices have been and continue to be implemented by Defendants and their agents, officials, employees, and all persons acting in concert with them under color of state law, in their official capacities, and are the cause of the EMCF Class Plaintiffs' and the EMCF Class' ongoing deprivation of rights secured by the United States Constitution under the Eighth and Fourteenth Amendments and federal law. 326. Defendants have been and are aware of all of the deprivations complained of herein, and have condoned or been deliberately indifferent to such conduct.
PRAYER FOR RELIEF 327. Plaintiffs and the class and subclasses they seek to represent have no adequate remedy at law to redress the wrongs suffered as set forth in this complaint. Plaintiffs and the class and subclasses they seek to represent have suffered and will continue to suffer irreparable injury as a result of the unlawful acts, omissions, policies, and practices of Defendants Epps,
80

Case 3:13-cv-00326-TSL-JMR Document 1 Filed 05/30/13 Page 81 of 83
Longley, and Perry, as alleged herein, unless this Court grants the relief requested. The need for relief is critical because the rights at issue are paramount under the United States Constitution and the laws of the United States.
328. WHEREFORE, Plaintiffs pray that this Honorable Court grant the following relief:
A. Declare that the suit is maintainable as a class action pursuant to Federal Rules of Civil Procedure 23(a) and 23(b)(2);
B. Adjudge and declare that the acts, omissions, policies, and practices of Defendants, and their agents, employees, officials, and all persons acting in concert with them under color of state law or otherwise as described herein are in violation of the rights of the Plaintiffs and the classes and subclasses they seek to represent under the Cruel and Unusual Punishments Clause of the Eighth Amendment to the United States Constitution and federal law;
C. Preliminarily and permanently enjoin Defendants, their agents, employees, officials, and all persons acting in concert with them under color of state law, from subjecting Plaintiffs and the class and subclasses they seek to represent to the illegal and unconstitutional conditions, acts, omissions, policies, and practices set forth above;
D. Order Defendants to develop and implement, as soon as practical, a plan to eliminate the substantial risks of serious harm that Plaintiffs and members of the class and subclasses suffer due to inadequate medical (including dental and optical) and mental health care, filthy and dangerous environmental conditions, excessive force used by prison staff, failure to protect prisoners from violence, malnutrition and unsanitary food preparation and delivery, and use of isolated confinement. Defendants' plan shall include at a minimum the following:
1. Isolation: Prohibition against confining the Isolation Named Plaintiffs and the Isolation Subclass in solitary confinement under conditions of social isolation
81

Case 3:13-cv-00326-TSL-JMR Document 1 Filed 05/30/13 Page 82 of 83
and sensory deprivation that put prisoners at substantial risk of serious physical and psychological harm and pain; 11. Mental Health Care: Provision of timely access to adequate treatment for serious mental illness, including, but not limited to, medication, therapy, inpatient treatment, suicide prevention, and suicide watch in a manner that abates a substantial risk of serious harm; 111. Medical Care: Provision of timely access to adequate medical care, including services such as dental and optical care, to treat serious health needs and to abate a substantial risk of serious harm; IV. Excessive Force: Protection of prisoners from the use of excessive force by prison staff; v. Protection from Harm: Protection of prisoners from harm by other prisoners and failing to timely respond to emergency conditions by, inter alia, assuring an adequate level of properly trained staff; VI. Environmental Conditions: Housing prisoners in safe and clean conditions free from filth and vermin and with adequate access to exercise, outdoor recreation, showers, lighting, sanitation, plumbing, ventilation, and other basic human needs required by dignity, civilized standards, humanity, and decency; v11. Nutrition and Food Safety: Provision to prisoners of nutritionally adequate meals prepared and served in a safe and sanitary manner; and viii. Accountability, Oversight, and Monitoring: Adequate monitoring and timely remediation of the performance of any and all private prison contractors, including health contractors, to whom Defendants delegate the operation ofEMCF. E. Award Plaintiffs the costs of this suit, and reasonable attorneys' fees and
litigation expenses pursuant to 42 U.S.C. § 1988, and other applicable law; F. Retain jurisdiction of this case until Defendants have fully complied with the
orders of this Court, and there is a reasonable assurance that Defendants will continue to comply in the future absent continuing jurisdiction; and
G. Award such other and further relief as the Court deems just and proper.
82

Case 3:13-cv-00326-TSL-JMR Document 1 Filed 05/30/13 Page 83 of 83
RESPECTFULLY SUBMITTED, this 30th day of May, 2013.
wens, II, MS Bar No. 102333 E ssa hnson, MS Bar No. 103852 Southern Poverty Law Center Ill East Capitol Street, Suite 280 Jackson MS 39201 Phone: 601-948-8882 Fax: 601-948-8885 jody.owens@splcenter.org elissa.johnson@splcenter.org
Gabriel B. Eber (pro hac vice to be filed) Margaret Winter (pro hac vice to be filed) Ajmel Quereshi (pro hac vice to be filed) National Prison Project of the ACLU 915 15th St., NW, 7th Floor Washington, DC 20005 Phone:202-393-4930 Fax: 202-393-4931 geber@npp-aclu.org mwinter@npp-aclu.org aquereshi@npp-aclu.org
Elizabeth Alexander (pro hac vice to be filed) Law Offices of Elizabeth Alexander Law Offices of Elizabeth Alexander 1416 Holly St., NW Washington, DC 20012 Phone: 202-291-3774 ealexander@lawofficesofelizabethalexander.com
83

 
 Case 3:13-cv-00326-WHB-JCG Document 257 Filed 09/29/15 Page 1 of 44

IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF MISSISSIPPI
NORTHERN DIVISION

JERMAINE DOCKERY, ET AL.

PLAINTIFFS

MICHAEL COMBS, EDDIE PUGH, DERRICK LANE, HENRY MOORE, TAVARES FLAGG

INTERVENORS

VS.

CIVIL ACTION NO. 3:13-cv-326-WHB-JCG

MARSHALL L. FISCHER, ET AL.

DEFENDANTS

OPINION AND ORDER This cause is before the Court on two related Motions. Having considered the pleadings, the attachments thereto, as well as supporting and opposing authorities, the Court finds: The Motion of Defendants to Exclude Plaintiffs’ Medical and Mental Health Expert Witnesses is not well taken and should be denied. The Motion of Plaintiffs for Class Certification is well taken and should be granted.

I. Factual Background and Procedural History The subject lawsuit was filed on behalf of prisoners confined at the East Mississippi Correctional Facility (“EMCF”) in Meridian, Mississippi, which is designed to provide treatment and housing for mentally ill prisoners. Plaintiffs, who seek class certification, allege that the conditions under which they are confined violate

Case 3:13-cv-00326-WHB-JCG Document 257 Filed 09/29/15 Page 2 of 44
their Eighth Amendment right to be free from cruel and unusual punishment. As relief, Plaintiffs request that Defendants be ordered to “eliminate the substantial risks of serious harm” that have allegedly resulted from, inter alia, inadequate medical and mental health care, unsanitary environmental conditions, the use of excessive force by EMCF personnel, and the use of isolated confinement.
The factual allegations in the Complaint are divided into several categories, the first of which is labeled “Solitary Confinement”. As regards this category, Plaintiffs allege that although prisoners who are placed in solitary confinement should be permitted one hour of out-of-cell time per day to shower or have yard time, they often go days, and sometimes weeks, without being permitted any out-of-cell time. See Compl., ¶¶ 25-27. Plaintiffs also complain that numerous problems allegedly exist in the units in which they are housed including: (1) the toilets in the solitary confinement units do not function for long periods of time; and that feces, urine, food, and other debris covers the floors and walls, (2) the units are infested with vermin, (3) some prisoners do not have working light bulbs in their cells, while others are subjected to “bright artificial light around the clock,” and (4) the noise in the units “is often deafening”. Id. at ¶¶ 29-35. Plaintiffs further allege that prisoners in solitary confinement are beaten and/or ignored by EMCF personnel, and are at risk of
2

Case 3:13-cv-00326-WHB-JCG Document 257 Filed 09/29/15 Page 3 of 44
prisoner-to-prisoner violence. Id. at ¶¶ 36-37. Plaintiffs complain that placement in solitary confinement exacerbates the symptoms of pre-existing mental illnesses and can cause suicidal thoughts, thoughts upon which a few prisoners have acted. Id. at ¶¶ 38-74.
The second category in the Complaint is labeled “Mental Health Care”. As regards this category, Plaintiffs allege: (1) they receive little, if any, individual or group mental health treatment, (2) they are over-medicated with tranquilizing antipsychotic medications, (3) the symptoms of their mental diseases are exacerbated by the conditions under which they are housed, and (4) they are subjected to disciplinary actions if they attempt to seek help from the medical staff. Id. at ¶¶ 79-82. Plaintiffs further allege: (1) they have de minis contact with psychiatrists, (2) they are given little to no opportunity to discuss their symptoms or problems with mental health care providers, and (3) that psychiatric medications are often prescribed by psychiatrists who have not evaluated or assessed the prisoners but, instead, are simply rubber-stamping recommendations made by insufficiently trained personnel. Id. at ¶¶ 75-112.
The third category in the Complaint is labeled “Medical Care”. As regards this category, Plaintiffs allege: (1) EMCF has insufficient staff to provide adequate medical treatment for prisoners, (2) they are often required to wait long periods of time
3

Case 3:13-cv-00326-WHB-JCG Document 257 Filed 09/29/15 Page 4 of 44
before being seen by a healthcare provider, and (3) prisoners are often treated by nurses regardless of the nature or seriousness of their medical problems. Id. at ¶¶ 113-20. Plaintiffs further allege that they do not always receive their prescribed medications, and that there is insufficient documentation to determine whether their medications are being given or taken as prescribed. Id. at ¶¶ 121-23. Finally, Plaintiffs allege that (1) they are denied treatment for acute or chronic pain and other medical conditions including diabetes and hypertension; (2) they receive untimely and insufficient dental and other medical care; (3) they are required to wait extended periods of time to see specialists, for example ophthalmologists; and (4) recommended treatment plans and corrective surgeries are often denied by prisoner officials. Id. at ¶¶ 124-89.
The fourth category in the Complaint is labeled “Abuse and Excessive Force by Staff”. As to this category, Plaintiffs allege that security officers at EMCF often “use excessive force with impunity and with no oversight.” Id. at ¶ 190. Plaintiffs further allege that EMCF security officers and staff (1) receive insufficient training; (2) frequently use chemical agents and physical force without warning and in the absence of immediate threat of danger or resistence from the prisoners; and (3) deny requests for medical care by prisoners who have been subjected to physical force or chemical agents. Id. at ¶¶ 191-202. According
4

Case 3:13-cv-00326-WHB-JCG Document 257 Filed 09/29/15 Page 5 of 44
to Plaintiffs, EMCF personnel use chemical agents and force against prisoners regardless of their pre-existing medical or psychiatric problems. Id. at ¶¶ 203-08.
The fifth category in the Complaint is labeled “Failure to Protect Prisoners From Violence”. As to this category, Plaintiffs allege that EMCF fails to protect prisoners from extortion, bodily and sexual assaults, and other threats of violence from other inmates. Id. at ¶ 209. Plaintiffs allege that in some cases, EMCF personnel have actively arranged and enabled prisoner-on-prisoner violence. Id. at ¶¶ 210-20. In other cases, EMCF personnel have allegedly acted with deliberate indifference to that violence by (1) failing to ensure the proper function of safety equipment; (2) failing to maintain adequate staff; (3) failing to remove weapons and dangerous objects from prisoners; and (4) failing to remove prisoners from potentially dangerous situations. Id. at ¶¶ 221-32.
The sixth category in the Complaint is labeled “Sanitation and Environmental Conditions”. In this section, Plaintiffs allege that (1) there are multiple broken toilets, sinks, and showers throughout EMCF; (2) food, excrement, and other debris litter the inmate cells and units; (3) there is soot, and often smoke, from fires that have been started by prisoners; (4) they are required to wear clothing and sleep on bedding that has become saturated because of faulty water pipes; and (5) there is poor ventilation throughout the facility and air ducts and vents are not routinely
5

Case 3:13-cv-00326-WHB-JCG Document 257 Filed 09/29/15 Page 6 of 44
cleaned. Id. at ¶¶ 234-43. As to the seventh category in the Complaint, which is labeled “Nutrition and Food Safety”, Plaintiffs allege that they are “being deliberately underfed and malnourished.” Nearly sixty percent of reviewed medical records purportedly indicate significant weight loss in patients after their arrival at EMCF. Id. at ¶¶ 244-50.
Next, in their Complaint, Plaintiffs allege that Mississippi prison officials have been indifferent to the problems that exist at EMCF. First, Plaintiffs allege that the officials have known of the problems existing at EMCF for several years, but have failed to take action to remedy them. Id. at ¶¶ 251-53. Second, Plaintiffs allege that prison officials have continued to renew and/or enter additional contracts with private prison vendors even though the management and health care services provided by those vendors have been criticized, and the new contracts further reduce the medical and mental health care services received by EMCF prisoners. According to Plaintiffs, the prison officials do not monitor or engage in any oversight of the private prison vendors. Id. at ¶¶ 254-62. Third, Plaintiffs allege that their grievances regarding the care and conditions at EMCF have generally been either (1) answered with intimidation, coercion, obstruction, or threats from the staff, or (2) have not been answered at all because the prison officials either lose or ignore grievances filed by prisoners under the Administrative Remedy Program. Id. at ¶¶ 263-83.
6

Case 3:13-cv-00326-WHB-JCG Document 257 Filed 09/29/15 Page 7 of 44
Based on these allegations, Plaintiffs filed a Complaint in this Court seeking relief under 42 U.S.C. § 1983 against the Commissioner, the Chief Medical Officer, and the Deputy Commissioner for Institutions of the Mississippi Department of Corrections (“MDOC”). In their Complaint, Plaintiffs first request that they be permitted to proceed as a “class of all persons who are currently, or will be confined at the EMCF.” Id. at ¶ 284. The proposed class of all current and future EMCF prisoners is referred to as the “EMCF Class”. Id. Plaintiffs also seek to proceed under the following three subclasses: the Isolation Subclass, the Mental Health Subclass, and the Units 5 and 6 Subclass.1 Id. at ¶¶ 293-312. As to the EMCF Class and identified subclasses, Plaintiffs request relief under Section 1983 on claims that their constitutional rights, as protected by the Eighth and Fourteenth Amendments, have been violated as follows:
Claim One – The policies and practices at EMCF subject members of the EMCF Class to a substantial risk of serious harm and injury from inadequate medical care, including dental care, optical care, and other healthrelated services.
Claim Two - The policies and practices at EMCF subject members of the Mental Health Subclass to a substantial
1 Unit 5 houses inmates in long-term segregation, and Unit 6 houses inmates in short-term segregation.
7

Case 3:13-cv-00326-WHB-JCG Document 257 Filed 09/29/15 Page 8 of 44
risk of serious harm and injury from inadequate mental health care.
Claim Three - The policies and practices at EMCF subject members of the Isolation Subclass to a substantial risk of serious harm and injury from housing them in conditions that amount to solitary confinement, including risks of harm from inadequate physical exercise, filthy and unsafe environmental conditions, inadequate nutrition, inadequate mental health treatment, and conditions of extreme social isolation and sensory deprivation.
Claim Four - The policies and practices at EMCF subject members of the EMCF Class to a substantial risk of serious harm and injury from the infliction of excessive force.
Claim Five - The policies and practices at EMCF subject members of the EMCF Class to a substantial risk of serious harm and injury by failing to protect them from violence, ignoring emergency situations, and enabling violent attacks on prisoners.
8

Case 3:13-cv-00326-WHB-JCG Document 257 Filed 09/29/15 Page 9 of 44
Claim Six - The policies and practices at EMCF subject members of the Units 5 and 6 Subclass to a substantial risk of serious harm and injury from dangerous environmental conditions, including vermin, exposure to smoke and other toxic substances, filthy cells and fixtures, broken plumbing, inoperable lighting, constant illumination, and inadequate ventilation.
Claim Seven - The policies and practices at EMCF subject members of the EMCF Class to a substantial risk of serious harm and injury by providing inadequate nourishment to maintain health, and by serving food in an unsanitary and unsafe manner.
Through these claims, Plaintiffs seek a declaration that the current policies and practices at EMCF have violated their constitutional rights as protected under the Eighth Amendment. Plaintiffs also request that the named prison officials be enjoined from continued use of the policies and practices now being implemented at EMCF, and that they be required to implement a plan to eliminate the substantial risks of harm that result from (1) inadequate medical and mental health care, (2) unsanitary and dangerous environmental conditions, (2) the use of excessive force by EMCF staff, (4) prisoner-on-prisoner violence, (5) malnutrition
9

Case 3:13-cv-00326-WHB-JCG Document 257 Filed 09/29/15 Page 10 of 44
and unsanitary food preparation and delivery, and (6) the use of isolated confinement. At a minimum, Plaintiffs request that the court-ordered plan: (1) prohibit solitary confinement under conditions of social isolation and sensory depravation; (2) provide timely and adequate treatment for both mental and physical illness; (3) protect prisoners from excessive force at the hands of EMCF staff and from harm from other prisoners; (4) require that prisoners be housed in safe, clean, and sanitary conditions; (5) provide prisoners nutritionally adequate, and safely prepared and served meals; and (6) require that prison officials monitor the performance of all private prison contractors. Finally, Plaintiffs request costs and attorneys’ fees under 42 U.S.C. § 1988.
Plaintiffs have now moved for certification of the general class and subclasses identified in the Complaint. In response, Defendants have moved to exclude Plaintiffs’ medical and mental health expert witnesses. As the Motions have now been fully briefed, they will be decided by the Court.
II. Analysis A. Motion to Exclude Plaintiffs’ Medical and Health Expert
Witnesses Defendants have moved, under Daubert and its progeny, to exclude the expert reports and testimony of Plaintiffs’ medical and mental health experts Dr. Terry A. Kupers (“Kupers”), Dr. Marc Stern (“Stern”), Dr. Bart Abplanalp (“Abplanalp”), and Nurse
10

Case 3:13-cv-00326-WHB-JCG Document 257 Filed 09/29/15 Page 11 of 44
Practitioner Madeleine LaMarre (“LaMarre”). The admissibility of expert testimony is governed by Rule 702 of the Federal Rules of Evidence, which provides:
If scientific, technical, or other specialized knowledge will assist the trier of fact to understand the evidence or to determine a fact in issue, a witness qualified as an expert by knowledge, skill, experience, training, or education, may testify thereto in the form of an opinion or otherwise, if (1) the testimony is based upon sufficient facts or data, (2) the testimony is the product of reliable principles and methods, and (3) the witness has applied the principles and methods reliably to the facts of the case. Before permitting an expert to testify, the trial court “must perform a screening function to ensure that the expert’s opinion is reliable and relevant to the facts at issue in the case.” Watkins v. Telsmith, Inc., 121 F.3d 984, 988-89 (5th Cir. 1997)(citing Daubert v. Merrill Dow Pharms., Inc., 509 U.S. 579, 589 (1993)). Whether an expert’s opinion is reliable is determined by assessing “whether the reasoning or methodology underlying the testimony is scientifically valid.” Daubert, 509 U.S. at 592–93. To be admissible, the “expert’s testimony must be reliable at each and every step”, in other words, “[t]he reliability analysis applies to all aspects of an expert’s testimony: the methodology, the facts underlying the expert’s opinion, the link between the facts and the conclusion, et alia.” Knight v. Kirby Inland Marine Inc., 482 F.3d 347, 355 (5th Cir. 2007)(internal quotations omitted). The issue of relevance focuses upon “whether [that] reasoning or methodology properly can be applied to the facts in issue.” Id. at 593.
11

Case 3:13-cv-00326-WHB-JCG Document 257 Filed 09/29/15 Page 12 of 44
In moving to exclude Plaintiffs’ experts, Defendants first challenge the methodologies they applied in formulating their opinions. See e.g. Mem. in Supp. of Mot. to Exclude [Docket No. 224], 2 (arguing that Plaintiffs’ experts “could have and should have used established, recognized and universally accepted principles and methods of statistical sampling and analysis to evaluate and forecast the inmate population’s medical and mental health care need.”). Specifically, Defendants contend that the experts’ opinions, which are based on “judgment sampling”2 and “qualitative studies” of a few “unrepresentative samples” of medical records and prisoner interviews, are invalid because such samplings and studies cannot be used to derive inferences as to the EMCF prisoner population at large. See [Docket No. 237] (Nicholson Aff.) at ¶ 32 (Defendants’ statistics expert opining that “the inferences the experts made from the sample of medical records and prisoner interviews to all medical records and all prisoners are invalid.”). See also id. at ¶ 30 (arguing that for “their respective samples”, Plaintiffs’ experts “passed around the records of the sick whom they subjectively believed the system failed and then concluded that the system fails all of the sick.”).
In response, Plaintiffs argue that the qualitative research methods used by their experts are both “accepted and mainstream in
2 A “judgment sample” is explained as a sample that is “chosen based on the expertise and judgment of a subject matter expert with knowledge of the system or process being assessed.” See Resp. to Mot. to Exclude [Docket No. 229], 4-5.
12

Case 3:13-cv-00326-WHB-JCG Document 257 Filed 09/29/15 Page 13 of 44
the scientific community” and are “more applicable to a proper evaluation of the delivery of health care at a prison.” Pls.’ Resp. to Mot. to Exclude [Docket No. 229], 4. As explained by Plaintiffs’ expert Stern:
When sampling from people (patients, staff) and documents in qualitative research, random samples are to be avoided. Instead, the gold standard for sampling is “judgment sampling” or “purposeful sampling”. Instead of using random number generators to select samples, a judgment sample is chosen based on the expertise and judgment of a subject matter expert with knowledge of the system or process being assessed. The goal is to obtain a sample which is as broad, rich, and representative of the diversity of operational conditions as possible. Such a process for collection of data usually requires appropriate expertise in the relevant disciple: “At the same time, the choice of which data to examine, or how best to model a particular process, could require subject matter expertise that a statistician lacks.” Judgment samples are appropriate because ensuring that all potential observational units in a population and sampling time frame have equal probability of selection is often not the most desired or beneficial strategy. Rather, we look to the subject matter experts to guide which areas, times of day, or segments of the population are most important to study and understand. See Pls.’ Resp. to Mot. to Exclude, Ex. 2 (Stern Decl.), ¶ 31. (alterations in original)(citations to treatises and journals omitted). Having reviewed the pleadings, the Court finds there is a stark disagreement as to whether qualitative methodologies (as urged by Defendants) or quantitative methodologies (as urged by Plaintiffs) are the more proper standard to be applied in this case. Although Defendants have shown that the qualitative methodologies used by Plaintiffs’ experts raise questions regarding
13

Case 3:13-cv-00326-WHB-JCG Document 257 Filed 09/29/15 Page 14 of 44
bias, and whether it is scientifically permissible to make inferences as to the whole EMCF prisoner population based on a selective sampling of the medical records of only a few inmates, the Court finds these issues go more to the credibility of the expert opinions as opposed to undermining the methodologies used by Plaintiffs’ experts in formulating those opinions. See e.g. Daubert, 509 U.S. at 596 (explaining that “[v]igorous crossexamination [and] presentation of contrary evidence,” are the “appropriate means of attacking” disputed evidence relied upon by experts, and that “in the event the trial court concludes that the scintilla of evidence presented supporting a position is insufficient to allow a reasonable juror to conclude that the position more likely than not is true, the court remains free to direct a judgment ... and likewise to grant summary judgment.” See also Pipitone v. Biomatrix, Inc., 288 F.3d 239, 250 (5th Cir. 2002)(“The fact finder is entitled to hear [the expert’s] testimony and decide whether it should accept or reject the testimony after considering all factors that weigh on credibility, including whether the predicate facts on which [the expert] relied are accurate.”); Nova Consulting Grp., Inc. v. Eng’g Consulting Srvs., Ltd., 290 F. App’x 727, 733 (5th Cir. 2008)(relying on Daubert, and noting that it is not the role of the trial court to evaluate whether the facts underlying the expert’s opinion are correct); Viterbo v. Dow Chem. Co., 826 F.2d 420, 422 (5th Cir. 1987)(“As a
14

Case 3:13-cv-00326-WHB-JCG Document 257 Filed 09/29/15 Page 15 of 44
general rule, questions relating to the bases and sources of an expert’s opinion affect the weight to be assigned that opinion rather than its admissibility and should be left for the jury’s consideration.”). In addition, as this case will be decided by a bench trial, “[m]ost of the safeguards provided for in Daubert are not as essential.” Gibbs v. Gibbs, 210 F.3d 491, 500 (5th Cir. 2000). Ultimately, the Court will be called to decide whether the evidence presented by Plaintiffs is sufficient to show that the complained of conditions at EMCF, as determined by their experts’ qualitative studies, apply to the prisoner population as a whole. If the evidence is found insufficient, class-wide relief will be denied.
Second, Defendants argue that LaMarre (a nurse practitioner) and Abplanalp (a psychologist) are not qualified, and hence should not be permitted, to offer ultimate opinions with respect to whether the alleged deficiencies in the conditions, or in the medical/mental care provided, at EMCF subject all inmates to a substantial risk of harm. See Rebuttal [Docket No. 237], 11 (arguing that “[w]hile it might certainly be appropriate for these non-doctors to offer opinions about certain aspects of nursing or psychological care, an ultimate opinion to the effect that alleged deficiencies are presently subjecting every inmate to a substantial risk of injury, i.e. a medical or mental injury, inherently requires a medical assessment factoring in the unique medical
15

Case 3:13-cv-00326-WHB-JCG Document 257 Filed 09/29/15 Page 16 of 44
circumstances of each inmate.”). The Court finds that Defendants’ objection as to whether LaMarre and/or Abplanalp should be permitted to offer an ultimate opinion is one that should be raised, and considered, at trial.
After considering the pleadings, the Court finds Defendants have failed to show that the methodologies used by Plaintiffs’ expert witnesses in formulating their opinions requires that their opinions be excluded under Daubert. Defendants’ Motion to Exclude Plaintiffs’ Medical and Mental Health Expert Witnesses will, therefore, be denied.
B. Plaintiffs’ Motion for Class Certification 1. Standards
Plaintiffs have moved for class action certification under Rule 23(b)(2) of the Federal Rules of Civil Procedure. It is well settled that the district court must conduct a “rigorous analysis” of all of the requirements for certification under Rule 23, see Castano v. American Tobacco Co., 84 F.3d 734, 740 (5th Cir. 1996)(citing General Tel. Co. of Southwest v. Falcon, 457 U.S. 147 (1982)), and that Plaintiffs bear the burden of proving that those requirements are satisfied. See e.g. Wal–Mart Stores, Inc. v. Dukes, ––– U.S. –––, 131 S.Ct. 2541, 2551 (2011)(“Rule 23 does not set forth a mere pleading standard. A party seeking class certification must affirmatively demonstrate his compliance with
16

Case 3:13-cv-00326-WHB-JCG Document 257 Filed 09/29/15 Page 17 of 44
the Rule — that is, he must be prepared to prove that there are in fact sufficiently numerous parties, common questions of law or fact, etc.”). As a general rule, a district court has broad discretion when deciding a motion for class certification. See Allison v. Citgo Petroleum Corp., 151 F.3d 402, 408 (5th Cir. 1998). In exercising its discretion, the court may not consider the merits of the plaintiffs’ claims at the certification stage, see Eisen v. Carlisle & Jacquelin, 417 U.S. 156 (1974), but may permissibly look past the pleadings to the record and any other completed discovery when deciding whether a class should be certified.
For a lawsuit to proceed as a class action, all of the requirements of Rule 23(a) and at least one of the alternative requirements of Rule 23(b) must be satisfied. See Allison, 151 F.3d at 411. Rule 23(a) of the Federal Rules of Civil Procedure provides:
(a) Prerequisites. One or more members of a class may sue or be sued as representative parties on behalf of all only if: (1) the class is so numerous that joinder of all members is impracticable; (2) there are questions of law or fact common to the class; (3) the claims or defenses of the representative parties are typical of the claims or defenses of the class; and (4) the representative parties will fairly and adequately protect the interests of the class.
17

Case 3:13-cv-00326-WHB-JCG Document 257 Filed 09/29/15 Page 18 of 44
FED. R. CIV. P. 23(a). As Plaintiffs have moved for certification under Rule 23(b)(2), they also bear the burden of showing:
(b) Types of Class Actions. A class action may be maintained if Rule 23(a) is satisfied and if:
... (2) the party opposing the class has acted or refused to act on grounds that apply generally to the class, so that final injunctive relief or corresponding declaratory relief is appropriate respecting the class as a whole. FED. R. CIV. P. 23(b)(2). The Rule 23(a) requirements were as discussed in length in M.D. v. Perry, 294 F.R.D. 7 (S.D. Tex. 2013). That discussion is reprinted here in abridged form.
Rule 23(a) Requirements Numerosity
Rule 23(a)(1) “requires examination of the specific facts of each case and imposes no absolute limitations.” General Tel. Co. of the NW., Inc. v. EEOC, 446 U.S. 318, 329 (1980). There is no magic number: “The proper focus is not on numbers alone, but on whether joinder of all members is practicable in view of the numerosity of the class and all other relevant factors.” Phillips v. Joint Legislative Comm., 637 F.2d 1014, 1022 (5th Cir. 1981). Courts must consider “the geographical dispersion of the class, the ease with which class members may be identified, the nature of the action, and the size of each plaintiff’s claim.” Zeidman v. J. Ray McDermott & Co., Inc., 651 F.2d 1030, 1038 (5th Cir. 1981).
18

Case 3:13-cv-00326-WHB-JCG Document 257 Filed 09/29/15 Page 19 of 44
Commonality
Commonality was the main issue in the Supreme Court’s Wal–Mart decision, 131 S.Ct. at 2550 (“The crux of this case is commonality”), and is the most complex part of Rule 23(a) analysis. “Commonality requires the plaintiff to demonstrate that the class members ‘have suffered the same injury.’” Id. at 2551 (quoting Falcon, 457 U.S. at 157). It is not enough that class members suffer the same type of injury or have been subject to a violation of the same law. Id.; Lightfoot v. District of Columbia, 273 F.R.D. 314, 325 (D.D.C. 2011)(citing Love v. Johanns, 439 F.3d 723, 729 (D.C.Cir. 2006)). Rather, a plaintiff must identify a unified common policy, practice, or course of conduct that is the source of their alleged injury.
The policy or practice that a plaintiff identifies need not be formal or officially-adopted. Lightfoot v. District of Columbia sets out various ways plaintiffs can establish the existence of government policies. The most straightforward of these is express adoption by the relevant entity, either through a legislative or administrative act (e.g., a local ordinance) or by an actor who possesses policymaking authority (e.g., a chief executive). Lightfoot, 273 F.R.D. at 320–21. Absent official sanction, a policy can be identified on the basis of custom or consistent practice. Id. at 321. Or, closely-related to custom, a uniform policy can be based on the defendant’s deliberate indifference: “The critical question here is whether the government has failed to respond to a need ... in such a manner as to show ‘deliberate indifference’ to the risk that not addressing
19

Case 3:13-cv-00326-WHB-JCG Document 257 Filed 09/29/15 Page 20 of 44
the need will result in constitutional violations.” Id. (internal quotation marks omitted)(citing Baker v. District of Columbia, 326 F.3d 1302, 1306 (D.C. Cir. 2003)). While using the same phrasing as the substantive due process deliberate indifference standard, the requirements for demonstrating the existence of a policy are less demanding. “The inquiry is an objective one ... Mere negligence does suffice: the doctrine does not require the [official actor, in this case a city] to take reasonable care to discover and prevent constitutional violations, but simply means that, faced with actual or constructive knowledge that its agents will probably violate constitutional rights, the [official actor] may not adopt a policy of inaction.” Id. (emphasis in original) (internal quotation marks removed)(citing Warren v. District of Columbia, 353 F.3d 36, 39 (D.C. Cir. 2004)).
A plaintiff also bears the burden of connecting the policy or practice to the alleged harm, especially in cases where this connection is not readily apparent. Cf. Ross v. RBS Citizens, N.A., 667 F.3d 900 (7th Cir. 2012) cert. granted, judgment vacated, ––– U.S. –––, 133 S.Ct. 1722 (2013)(certifying a class based on being denied overtime compensation due to unofficial company policies); In re Whirlpool Corp. Front–Loading Washer Prods. Liab. Litig., 678 F.3d 409, 414 (6th Cir. 2012) cert. granted, judgment vacated sub nom. Whirlpool Corp. v. Glazer, ––– U.S. –––, 133 S.Ct. 1722 (2013) aff’d 722 F.3d 838 (6th Cir. 2013)(certifying a class based on the purchase of washers with design defects); Gray v. Hearst Commc’ns, Inc., 444 F. App’x 698 (4th Cir.
20

Case 3:13-cv-00326-WHB-JCG Document 257 Filed 09/29/15 Page 21 of 44
2011)(certifying a class based on breach of a sufficiently similar contract). In doing so, “the party seeking class certification may rely on reasonable, common-sense assumptions and inferences to satisfy the requirements for class certification.” Kase v. Salomon Smith Barney, Inc., 218 F.R.D. 149, 152 (S.D. Tex. 2003)(citing Zeidman, 651 F.2d at 1039).
McReynolds v. Merrill Lynch, Pierce, Fenner & Smith, Inc., 672 F.3d 482 (7th Cir. 2012) cert. denied, ––– U.S. –––, 133 S.Ct. 338 (2012), involved a somewhat complicated connection between the defendant’s policies and the alleged harm. Plaintiffs had filed a Title VII class action on the basis of two company-wide policies: a “teaming” policy that permitted brokers in the same office to form their own teams, and an “account distribution” policy that transferred accounts from brokers who left the company largely on the basis of past performance. The plaintiffs alleged that these policies exacerbated racial discrimination. The theory of the claim was that, all else being equal, brokers tend to form teams of like members, so teams tend to be formed along racial lines. Members of a racial minority may therefore find it harder to find teams at all, or at least good ones, and are thus denied the advantages of the teaming policy. The account distribution policy is alleged to aggravate this disadvantage; brokers on good teams do better in the competition for account distributions, leading to a “vicious cycle” for minority (in this case African–American) brokers. McReynolds, 672 F.3d at 488–90.
21

Case 3:13-cv-00326-WHB-JCG Document 257 Filed 09/29/15 Page 22 of 44

It is important to note, as the Seventh Circuit did, that class certification does not require the plaintiffs to establish that the harm actually occurred, i.e., they do not need to prove that the policies they identified did, in fact, cause the harm they are alleging. Consistent with Amgen and EPJ Fund, the only consideration at the class certification stage is whether the issues are appropriate for classwide litigation. That is, whether the plaintiffs have satisfied Rule 23’s requirements.

If the teaming policy causes racial

discrimination and is not justified by

business necessity, then it violates Title VII

as

‘disparate

impact’

employment

discrimination — and whether it causes racial

discrimination and whether it nonetheless is

justified by business necessity are issues

common to the entire class and therefore

appropriate for class-wide determination.

...

We are not suggesting that there is in fact racial discrimination at any level within Merrill Lynch, or that management's teaming and account distribution policies have a racial effect. The fact that black brokers have on average lower earnings than white brokers may have different causes altogether.
Id. at 489–90 (emphasis added).
As the court indicated, failure to act can also constitute a policy or practice. Young v. Nationwide Mutual Insurance, Co. affirmed the certification of a class based on the defendants’ miscalculations of local taxes that they were authorized to collect. Young, 693 F.3d, 532, 535 (6th Cir. 2012). Despite the defendants’ contentions that they had no uniform policy or practice

22

Case 3:13-cv-00326-WHB-JCG Document 257 Filed 09/29/15 Page 23 of 44
that resulted in these errors — asserting instead that each was the product of unique circumstances like misspelling a name — the Sixth Circuit concluded that there was a common policy since defendants opted not to use available geocoding verification procedures that would have, plaintiffs alleged, avoided the errors. Id. at 542–43. The Young plaintiffs were, therefore, able to point to a discrete policy or practice of the defendants — not using these procedures — and the availability of something like geocoding technology served to highlight the defendants’ choice. Cf. Wal–Mart, 131 S.Ct. at 2555–56 (“respondents have identified no ‘specific employment practice’ — much less one that ties all their 1.5 million claims together.”); In re Countrywide Fin. Corp. Mortg. Lending Practices Litig., 708 F.3d 704, 708 (6th Cir. 2013).
The common practice or policy does not have to injure every class member or injure them in exactly the same manner: “Class certification is appropriate ‘if class members complain of a pattern or practice that is generally applicable to the class as a whole. Even if some class members have not been injured by the challenged practice, a class may nevertheless be appropriate.’” Whirlpool, 678 F.3d at 420 (citing Gooch v. Life Investors Ins. Co. of Am., 672 F.3d 402, 428 (6th Cir. 2012)). In Whirlpool plaintiffs complained of defective front-loading washers, and though not all members of the class had suffered the actual injuries of mold and mildew growing in their washers, they shared a common legal injury in having purchased a defective washer. Id.; accord Butler v. Sears, 702 F.3d at 362
23

Case 3:13-cv-00326-WHB-JCG Document 257 Filed 09/29/15 Page 24 of 44
(“If, as appears to be the case, the defect in a Kenmorebrand washing machine can precipitate a mold problem at any time, the defect is an expected harm, just as having symptomless high blood pressures creates harm in the form of an abnormally high risk of stroke.”)(emphasis added); Daffin v. Ford Motor Co., 458 F.3d 549 (6th Cir. 2006).
In addition, a plaintiff must demonstrate that there are common questions of fact or law. Not any questions will do, however. The plaintiff must show that the class’ claims are based on a common contention that is “capable of classwide resolution — which means that determination of its truth or falsity will resolve an issue that is central to the validity of each of one of the claims in one stroke.” Wal–Mart, 131 S.Ct. at 2551; see also Ealy v. Pinkerton Gov’t Servs., Inc., 514 F. App’x 299, 303–04 (4th Cir. 2013). In short, the common questions identified must be dispositive of the claims. If they are not — if, for instance, after the common questions are answered one way or another individualized inquiries to determine liability would be needed — then commonality has not been established. Ahmad v. Old Republic Nat. Title Ins. Co., 690 F.3d 698, 704 (5th Cir. 2012); see also Luiken, 705 F.3d at 377; Forte v. Wal–Mart Stores, Inc., 2012 WL 2886711, at *2 (S.D. Tex. July 13, 2012). The number of common questions does not matter, one will suffice, provided it is critical to resolving the class members’ claims. Wal–Mart, 131 S.Ct. at 2556; In re Am. Med. Sys., Inc., 75 F.3d 1069, 1080 (6th Cir. 1996)(internal citations omitted).
The Fifth Circuit emphasized this requirement in its
24

Case 3:13-cv-00326-WHB-JCG Document 257 Filed 09/29/15 Page 25 of 44
MD decision. MD, 675 F.3d at 837, 841. Similarly, the Fifth Circuit held that the potential defenses against the plaintiff’s claims should also be considered as they may undermine the dispositive, “one stroke” nature of the proposed common questions. Id. at 843–44; see also Witt v. Chesapeake Exploration, L.L.C., 276 F.R.D. 458, 468–69 (E.D. Tex. 2011); cf. Schumacher v. AK Steel Corp. Ret. Accumulation Pension Plan, 711 F.3d 675, 683–84 (6th Cir. 2013). In order to determine whether there are common questions of law or fact, a court must trace the class claims and conclude that the common questions will resolve them without the need for additional extensive individualized inquiry.
The existence of some variations within the class or individualized defenses do not necessarily make class certification improper. “It is not necessary that members of the proposed class ‘share every fact in common.’” Evon v. Law Offices of Sidney Mickell, 688 F.3d 1015, 1030 (9th Cir. 2012)(quoting Rodriguez v. Hayes, 591 F.3d 1105, 1122 (9th Cir. 2010)). In re Heartland Payment Sys., Inc. Customer Data Sec. Breach Litig., 851 F. Supp. 2d 1040, 1054 (S.D. Tex. 2012). So long as the common questions linking the putative class members are dispositive of their claim and the claim arises out of a single course of conduct and on a single theory of liability, Rule 23(a)’s commonality requirement is satisfied. Young, 693 F.3d at 543; Evon, 688 F.3d at 1029–30; Wang v. Chinese Daily News, Inc., 709 F.3d 829, 834 (9th Cir. 2013).
Post–Wal–Mart, establishing commonality entails two
25

Case 3:13-cv-00326-WHB-JCG Document 257 Filed 09/29/15 Page 26 of 44
things: that there exists a common policy or practice, possibly an implicit one, that is the alleged source of the harm to class members, and that there are common questions of law or fact that will be dispositive of the class members’ claim.
Typicality There is significant overlap between typicality and commonality. Wal–Mart, 131 S.Ct. at 2551 n.5 (quoting Falcon, 457 U.S. at 157–58 n. 13). Like commonality, [t]ypicality does not require a complete identity of claims. Rather the critical inquiry is whether the class representative’s claims have the same essential characteristics of those of the putative class. If the claims arise from a similar course of conduct and share the same legal theory, factual differences will not defeat typicality. James v. City of Dallas, 254 F.3d 551, 571 (5th Cir. 2001), abrogated on other grounds by MD, 675 F.3d at 832 (quoting 5–23 Moore’s Federal Practice — Civil § 23.24); In re Heartland Payment Sys., 851 F. Supp. 2d at 1055 (holding that typicality was satisfied “[d]espite possible state-by-state variations in the elements of these claims,” because “they arise from a single course of conduct by [the defendant] and a single set of legal theories.”); Wright & Miller, 7A Fed. Prac. & Proc. Civ. § 1764 (3d ed.)(“a number of courts have noted that typical claims need not be identical to one another”).
Typicality requires a showing that the claims of the named plaintiffs are in fact those asserted as the common class claims. In this sense, typicality is commonality addressed from the perspective of the named plaintiffs.
26

Case 3:13-cv-00326-WHB-JCG Document 257 Filed 09/29/15 Page 27 of 44
Commonality requires showing that, in fact, all members of the proposed class share a common claim, the validity of which can be determined on a classwide basis. Typicality requires showing that, in fact, the proposed representatives have that claim. Often, once commonality is shown typicality will follow as a matter of course. See, e.g., Frey v. First Nat’l Bank Sw., 2013 U.S. Dist. LEXIS 37153 (N.D. Tex. Feb. 20, 2013).
Adequacy of Representation Like typicality, adequacy of representation also tends to merge with commonality, though it “also raises concerns about the competency of class counsel and conflicts of interest.” Wal–Mart, 131 S.Ct. at 2551 n.5 (quoting Falcon, 457 U.S. at 157–58 n.13). Adequacy of representation “‘encompasses class representatives, their counsel, and the relationship between the two.’” Stirman v. Exxon Corp., 280 F.3d 554, 563 (5th Cir. 2002)(quoting Berger v. Compaq Computer Corp., 257 F.3d 475, 479 (5th Cir. 2001)). In evaluating this requirement, a court “must consider ‘[1] the zeal and competence of the representatives’ counsel and ... [2] the willingness and ability of the representatives to take an active role in and control the litigation and to protect the interests of absentees.’” Id. (alterations in original)(quoting Berger, 257 F.3d at 479). Class counsel are fiduciaries of the class and the court must be satisfied that they are prosecuting the case in the interest of the class. See e.g., Culver v. City of Milwaukee, 277 F.3d 908, 913 (7th Cir. 2002).
27

Case 3:13-cv-00326-WHB-JCG Document 257 Filed 09/29/15 Page 28 of 44
B. Rule 23(b)(2) Requirements In the Fifth Circuit, Rule 23(b)(2) has been interpreted to have three components. First, “class members must have been harmed in essentially the same way.” Maldonado, 493 F.3d at 524 (citing Bolin v. Sears, Roebuck & Co., 231 F.3d 970, 975 (5th Cir. 2000)); see also MD, 675 F.3d at 845 (citing Maldonado). This understanding of the Rule is reinforced by Wal–Mart: Rule 23(b)(2) applies only when a single injunction or declaratory judgment would provide relief to each member of the class. It does not authorize class certification when each individual class member would be entitled to a different injunction or declaratory judgment against the defendant ... the relief sought must perforce affect the entire class at once.
131 S.Ct. at 2557–58. Given the threshold requirement of commonality, if a plaintiff has satisfied the requirements of Rule 23(a), then the conditions of Rule 23(b)(2) will tend to follow. In establishing commonality the plaintiff will have identified a common practice or policy that is the source of the class members’ harm. So, if she prevails on the merits, a single injunction barring or modifying that course of that behavior will, in the ordinary course of things, provide relief to the members of the class. In contrast, if the requested relief requires particular relief tailored to each class member, then certification under Rule 23(b)(2) is inappropriate. MD, 675 F.3d at 846–47; Shook v. Bd. of Cnty. Comm’rs, 543 F.3d 597, 604 (10th Cir. 2008).
Second, “injunctive relief must predominate over monetary damage claims.” Maldonado, 493 F.3d at 524 (citing Bolin, 231 F.3d at 975); accord Wal–Mart, 131 S.Ct. at 2558–59. Damages can be awarded under Rule
28

Case 3:13-cv-00326-WHB-JCG Document 257 Filed 09/29/15 Page 29 of 44
23(b)(2), but they must be “incidental,” meaning that they do “not require additional hearings to resolve the disparate merits of each individual’s case,” nor do they “introduce new legal or factual issues, nor entail complex individualized determinations.” Wal–Mart, 131 S.Ct. at 2560 (citing Allison, 151 F.3d at 415).
Third, the injunctive relief must be specific. Maldonado, 493 F.3d at 524 (citing Bolin, 231 F.3d at 975). This requirement is derived from Rule 65(d), which requires that all injunctions be stated specifically and describe in reasonable detail the act or acts restrained or required. FED. R. CIV. P. 65.(d). In MD, the court of appeals held that a plaintiff must “make an effort” to describe the injunctive relief they request “so that final injunctive relief may be crafted to describe in reasonable detail the acts required.” 675 F.3d at 848 (internal quotation marks omitted)(citing Shook, 543 F.3d at 605–06). The precise terms of the injunction need not be decided at class certification, only that the class members’ claim is such that a sufficiently specific injunction can be conceived; a plaintiff must present evidence and arguments “sufficient to allow the district court to see how it might satisfy Rule 65(d)’s constraints and thus conform with Rule 23(b)(2)’s requirement.” Shook, 543 F.3d at 605 n.4 (emphasis added); accord Morrow v. Washington, 277 F.R.D. 172, 198 (E.D. Tex. 2011)(“Plaintiffs have set forth facts suggesting that Defendants’ behavior was generally applicable to the class as a whole, making injunctive relief appropriate. The precise terms of the injunction need not be decided at this stage, only that the
29

Case 3:13-cv-00326-WHB-JCG Document 257 Filed 09/29/15 Page 30 of 44
allegations are such that injunctive and declaratory relief are appropriate and that the class is sufficiently cohesive that an injunction can be crafted that meets the specificity requirements of Rule 65(d).”) (emphasis added).
2. Discussion a. Proposed Class and Subclasses
Plaintiffs seek certification of one general class and three subclasses, which are defined as follows:
1. The “EMCF Class”, which is defined as a “class of all persons who are currently, or will be, confined at the [EMCF].”
2. The “Isolation Subclass”, which is defined as a “class of all persons who are currently, or will be, subjected to Defendants’ policies and practices of confining prisoners in conditions amounting to solitary confinement at the [EMCF].”
3. The “Mental Health Subclass”, which is defined as a “subclass of all persons who are currently, or will be, subjected to Defendants’ mental health care policies and practices at the [EMCF].”
4. The “Units 5 and 6 Subclass”, which is identified as a “class of all persons who are currently, or will be, housed in Units 5 and 6 at the [EMCF].”
Reviewing the class and subclass definitions, the Court finds there is overlap as any member of one or more of the subclasses would, necessarily, also be a member of the general EMCF Class.
30

Case 3:13-cv-00326-WHB-JCG Document 257 Filed 09/29/15 Page 31 of 44
The Court additionally finds that the class and subclass definitions are unambiguous, and that membership in the class and subclasses could easily be ascertained.
b. Class Claims All of the claims alleged by Plaintiffs are based on the same
legal theories. Specifically, Plaintiffs assert that the policies and practices implemented by Defendants at EMCF have subjected them to a “substantial risk of serious harm and injury” and have violated their Eighth Amendment right to be free from cruel and unusual punishment as well as their Fourteenth Amendment rights. The claims alleged by the EMCF Class include: Claim One - The policies and practices at EMCF subject them to a substantial risk of serious harm and injury from inadequate medical care, including dental care, optical care, and other health-related services; Claim Four - The policies and practices at EMCF subject them to a substantial risk of serious harm and injury from the infliction of excessive force; Claim Five - The policies and practices at EMCF subject them to a substantial risk of serious harm and injury by failing to protect them from violence, ignoring emergency situations, and enabling violent attacks on prisoners; and Claim Seven - The policies and practices at EMCF subject them to a substantial risk of serious harm and injury by providing inadequate nourishment to maintain health, and serving food in an unsanitary
31

Case 3:13-cv-00326-WHB-JCG Document 257 Filed 09/29/15 Page 32 of 44
and unsafe manner. The claim alleged by the Mental Health Subclass is that the
policies and practices at EMCF subject members of that subclass to a substantial risk of serious harm and injury from inadequate mental health care. See Compl., ¶¶ 315-16. (Claim Two). The claim alleged by the Isolation Subclass is that the policies and practices at EMCF subject members of that subclass to a substantial risk of serious harm and injury from housing them in conditions that amount to solitary confinement, including risks of harm from inadequate physical exercise, filthy and unsafe environmental conditions, inadequate nutrition, inadequate mental health treatment, and conditions of extreme social isolation and sensory deprivation. See Compl., ¶¶ 317-18. (Claim Three). The claim alleged by the Units 5 and 6 Subclass is that the policies and practices at EMCF subject members of that subclass to a substantial risk of serious harm and injury from dangerous environmental conditions, including vermin, exposure to smoke and other toxic substances, filthy cells and fixtures, broken plumbing, inoperable lighting, constant illumination, and inadequate ventilation. See Compl., ¶¶ 323-24 (Claim Six).
The United States Supreme Court has held that the Eighth Amendment prohibition against cruel and unusual punishment imposes an obligation on the States to provide medical care for its prisoners. Estelle v. Gamble, 429 U.S. 97, 103 (1976). As
32

Case 3:13-cv-00326-WHB-JCG Document 257 Filed 09/29/15 Page 33 of 44
explained by the Court in Estelle: An inmate must rely on prison authorities to treat his medical needs; if the authorities fail to do so, those needs will not be met. In the worst cases, such a failure may actually produce physical torture or a lingering death, ... [i]n less serious cases, denial of medical care may result in pain and suffering which no one suggests would serve any penological purpose.... We therefore conclude that deliberate indifference to serious medical needs of prisoners constitutes the unnecessary and wanton infliction of pain proscribed by the Eighth Amendment. This is true whether the indifference is manifested by prison doctors in their response to the prisoner’s needs, or by prison guards in intentionally denying or delaying access to medical care, or intentionally interfering with the treatment once prescribed. Regardless of how evidenced, deliberate indifference to a prisoner’s serious illness or injury states a cause of action under § 1983.
Estelle, 429 U.S. at 103-05. Likewise, the Eighth Amendment requires that prison officials “provide humane conditions of confinement; they must ensure that inmates receive adequate food, clothing, shelter, and medical care, and must take reasonable measure to ensure the safety of the inmates.” Gates v. Cook, 376 F.3d 323, 332 (5th Cir. 2004)(citing Farmer v. Brennan, 511 U.S. 825, 832 (1994). Thus, courts have found that prison conditions including inadequate lighting, non-functional plumbing, the presence of vermin, inadequate ventilation, the presence of fire and other safety hazards, inadequate cleaning supplies, and forced segregation and isolation have violated prisoners’ Eighth Amendment rights. See e.g. Hoptowit v. Spellman, 753 F.2d 779, 783-85 (9th Cir. 1985)(and cases cited therein).
33

Case 3:13-cv-00326-WHB-JCG Document 257 Filed 09/29/15 Page 34 of 44
c. Class Certification Analysis i. Numerosity
The first prerequisite for class certification under Rule 23(a)(1) is numerosity, i.e. that the class is so numerous that joinder of all members is impracticable. Here, the pleadings show that membership in the EMCF Class could range between 1,200 (approximate current prisoner population) and 1,500 (maximum prisoner population). The pleadings also show that membership in the Mental Health Subclass would include approximately 850-1000 prisoners, while membership in the Isolation Subclass and the Units 5 and 6 Subclass would include a minimum of 150 prisoners in each. In addition to the number of potential class members, the Court finds joinder would not be practical in this case because the population at EMCF is subject to change as prisoners are transferred into and out of that facility. Based on the evidence before it, the Court finds the numerosity requirement of Rule 23(a)(1) is satisfied with respect to both Plaintiffs’ class action and subclass action claims. See e.g. In re Rodriguez, 695 F.3d 360, 365 (5th Cir. 2012)(affirming certification of a class consisting of 125 members).
ii. Commonality As discussed above, in order to prove commonality, Plaintiffs
34

Case 3:13-cv-00326-WHB-JCG Document 257 Filed 09/29/15 Page 35 of 44
must establish that there is a policy or practice on the part of the defendants that is the source of the putative class members’s alleged injuries, and also that the claims arising out of those injuries depends on common questions of law and fact. Again, a policy or practice for the purposes of establishing commonality need not be officially adopted. Instead, such policy can be established through custom or through failing to act in the face of actual or constructive knowledge that there is likely to be a violation of constitutional rights.
Here, the Court finds there is sufficient evidence that Defendants have failed to act in the face of actual or constructive knowledge that prisoners housed at CMCF were being denied humane conditions of confinement, including adequate food, shelter, medical and mental health care, and safety. For example, Plaintiffs have submitted affidavits, deposition testimony, and expert reports to substantiate their claim that deficiencies in the security policies and practices at EMCF subject members of the EMCF Class to an unreasonable risk of serious harm from other inmates and from prison staff who routinely use excessive force. In support of these allegations, Plaintiffs submitted an expert report from Eldon Vail who found, inter alia, that: (1) EMCF “is awash with contraband and weapons”, (2) staff is not trained to handle prisons with mental illnesses, (3) locking mechanisms do not secure prisoners in their cells, (4) staff does not conduct the routine
35

Case 3:13-cv-00326-WHB-JCG Document 257 Filed 09/29/15 Page 36 of 44
safety and cell checks as required under EMCF operating policies, and (5) staff is not properly trained as to the manner in which to respond to inmates who are resisting staff direction and, therefore, abuse other control tactics including the use of pepper spray. See Mot. for Class Cert, Ex. 6 (Vail Report), at 7, 16, 19, 32, 33-37, 41-43. Plaintiffs also submit the deposition of Matthew Naidow, who is the captain of security at EMCF, and who testified, inter alia, that prisoner-on-prisoner violence is common place, that security officers are poorly trained, and that staff has aided inmate violence by opening cell doors and by failing to intervene when prisoners are being assaulted. Id., Ex. 7 (Naidow Dep.), 2932, 92-93, 100-01, 104, 173-75, 220-32.
Plaintiffs have also submitted evidence with respect to their Eighth Amendment claims that they are at substantial risk of serious harm and injury from inadequate medical care and mental health care. For example, Plaintiffs have submitted evidence showing, inter alia, that they lack access to both urgent and nonurgent health care, that emergency kits do not include necessary medical equipment, that medical complaints are treated through correspondences, and there is insufficient security staff to escort prisoners to their medical appointments. Id. Ex. 5 (Stern Report), 6-7, 17-18, 19. Plaintiffs also submitted evidence to show that they lack access to medical specialists including urologists and ophthalmologists, as well as to in-house infirmary and
36

Case 3:13-cv-00326-WHB-JCG Document 257 Filed 09/29/15 Page 37 of 44
observational care; that medical treatment is provided by health care personnel who lack the requite training and/or are working outside the limits of their licenses; and that the medical examinations and treatment they are provided is inadequate. Id. Ex. 30 (LaMarre Rep.), 6-7, 13, 25-26. Other evidence shows that medical treatment is often delayed or denied; that prisoners are not given all of their prescribed medications; and that the record keeping and oversight of medical care providers is deficient. Id. Ex. 5 (Stern Rep.) 2-3, 11-13, 30; (LaMarre Rep.), 6-7, 13, 25-26.
To prevail on the merits of their class action claims, Plaintiffs will have to prove a causal connection exists between the alleged systematic failure on the part of prison officials to act in the face of actual or constructive knowledge regarding the conditions existing at EMCF, and the unconstitutional risk of harm about which they complain. Thus, the Court finds that all of Plaintiffs’ claims will have, at their core, common issues regarding (1) the physical conditions under which prisoners at EMCF are being housed and the type and quality of health and mental health care they are receiving or to which they have access, and (2) whether those conditions and health care have either subjected prisoners to an unconstitutionally unreasonable risk of harm or, conversly, were sufficient to provide humane conditions of confinement. If it is shown, for example, that the physical conditions and health care as provided are sufficient to maintain
37

Case 3:13-cv-00326-WHB-JCG Document 257 Filed 09/29/15 Page 38 of 44
humane conditions of confinement, all of Plaintiffs’ claims will resolved at once.
In sum, the Court finds that Plaintiffs have satisfied the Rule 23(a)(2) commonality requirement with respect to their class action and subclass action claims. With respect to the EMCF Class and the proposed subclasses, Plaintiffs have alleged that their Eighth Amendment Rights have been violated, they have identified a common policy or practice on the part of the prison officials namely that the officials have failed to take any action in the face of actual or constructive knowledge regarding the allegedly unconstitutional conditions existing at EMCF, and there are common questions of law or fact that will resolve all of their claims.
iii. Typicality To establish typicality under Rule 23(a)(3), Plaintiffs must
show that the claims of the representative parties are typical of the claims of the class. Here, the prison officials’ alleged failure to take any action in the face of actual or constructive knowledge regarding the allegedly unconstitutional conditions existing at EMCF affect all prisoners housed at that facility. As discussed above, typicality under Rule 23(a)(3) does not require that each class member’s claim be identical, but only that the claims have the same essential characteristics of those of the putative class. As the claims of each putative class and subclass
38

Case 3:13-cv-00326-WHB-JCG Document 257 Filed 09/29/15 Page 39 of 44
member (1) arise from the same policy or practice, i.e. the prison officials’ alleged failure to take corrective action, and the same defect, i.e. the existence of inhumane conditions of confinement, and (2) are based on the same legal theory, i.e. the alleged violation of the Eighth Amendment right to be free from cruel and unusual punishment, the Court finds that Plaintiffs have satisfied the Rule 23(a)(3) typicality commonality requirement with respect to the general EMCF Class and each of the subclass.
iv. Adequacy of Representation To satisfy Rule 23(a)(4), Plaintiffs must show that the
representative parties will fairly and adequately protect the interests of the class. As discussed above, when evaluating this requirement, courts consider “the zeal and competence” of the representatives’ counsel, and the willingness and ability of the representatives to take an active role in and control the litigation and to protect the interests of class members. Here, based on the volume and thoroughness of the pleadings, the Court finds Plaintiffs’ counsel have shown themselves to be both zealous and competent. Second, although Defendants argue that the medical records do not support the claims alleged by the putative class and subclass representatives, the Court finds no evidence that the proposed representatives are unwilling or unable to participate in the litigation and seek to protect the interests of class members.
39

Case 3:13-cv-00326-WHB-JCG Document 257 Filed 09/29/15 Page 40 of 44
Accordingly, the Court finds that Plaintiffs have satisfied the Rule 23(a)(4) adequacy of representation requirement with respect to their class action and subclass action claims.
v. Rule 23(b)(2) As discussed above, Rule 23(b)(2) has been interpreted to have
three components. First, “class members must have been harmed in essentially the same way.” Maldonado, 493 F.3d at 524. The Court finds this component is satisfied because Plaintiffs all allege that their Eighth Amendment rights have been violated based on the conditions under which they are housed at EMCF, and based on the medical and mental health treatment they have received (or failed to receive) at that facility. Thus, any injunction ordered by the Court would provide relief to each member of the class. Second, injunctive relief clearly predominates over monetary damages claims in this case because Plaintiffs do not seek any monetary judgments on their claims. Third, the Court finds that specific injunctive relief could be ordered in this case to, inter alia, clean and repair the plumbing and other housing problems at EMCF, ensure that there is adequate staff and training of staff, and policies are implemented to govern the access to, as well as types of medical and mental health care being provided to, inmates at EMCF. As the types of injunctive relief requested by Plaintiffs would not require that the Court adjudicate the individual class members’
40

Case 3:13-cv-00326-WHB-JCG Document 257 Filed 09/29/15 Page 41 of 44
needs or circumstances, the Court finds the injunctive relief requested by Plaintiffs satisfies Rule 23(b)(2).
vi. Conclusion After reviewing the pleadings, and having found that
Plaintiffs have shown that the Rule 23(a) and Rule 23(b)(2) prerequisites are satisfied with respect to the EMCF Class as well as the identified subclasses, the Court finds Plaintiff’s Motion for Class Certification should be granted.
C. Appointment of Class Counsel Plaintiffs also request that their current attorneys be
appointed class counsel pursuant to Rule 23(g) of the Federal Rules of Civil Procedure. Under this Rule, “a court that certifies a class must appoint class counsel” and, in so doing, must consider: (1) the work counsel has done in identifying or investigating potential claims in the action; (2) counsel’s experience in handling class actions, other complex litigation, and the types of claims asserted in the action; (iii) counsel’s knowledge of the applicable law; and (iv) the resources that counsel will commit to representing the class. FED. R. CIV. P. 26(g)(1)(A)(i-iv). The Rule also requires that “[c]lass counsel must fairly and adequately
41

Case 3:13-cv-00326-WHB-JCG Document 257 Filed 09/29/15 Page 42 of 44
represent the interests of the class.” Fed. R. Civ. P. 23(g)(4). The Court finds that counsel for the named Plaintiffs fulfill
the requirements of Rule 23(g). The record shows that the attorneys currently representing Plaintiffs have investigated EMCF, have engaged in voluminous discovery in this case, and have experience litigating similar cases in this and other jurisdictions. The proposed class counsel, which includes attorneys from the National Prison Project of the ACLU and the Southern Poverty Law Center have extensive experience handling complex litigation and class actions. Plaintiffs’ counsel have demonstrated, as evidenced by the pleadings before the Court, their familiarity with the applicable law, and appear dedicated to this case. They have also shown they will devote substantial resources to representing the classes, and pursuing this litigation, as evidenced by the number of expert witnesses they have already designated. In sum, the Court concludes that counsel for named Plaintiffs will fairly and adequately represent the interests of the class. The Court, therefore, will appoint them as class counsel for both the general class and subclasses certified by this Opinion and Order.
IV. Conclusion
IT IS THEREFORE ORDERED that Defendants’ Motion to Exclude Plaintiffs’ Medical and Mental Health Expert Witnesses [Docket No. 222] is hereby denied.
42

Case 3:13-cv-00326-WHB-JCG Document 257 Filed 09/29/15 Page 43 of 44
IT IS FURTHER ORDERED that Plaintiff’s Motion for Class Certification [Docket No. 179] is hereby granted. This action shall proceed as a class action with one General Class, the EMCF Class, and three Subclasses: the Isolation Subclass, the Mental Health Subclass, and the Units 5 and 6 Subclass.
IT IS FURTHER ORDERED that Membership of the certified General Class and each of the three certified Subclasses is defined as follows:
1. The EMCF Class: All persons who are currently, or will be, confined at the East Mississippi Correctional Facility.
2. The Isolation Subclass: All persons who are currently, or will be, subjected to Defendants’ policies and practices of confining prisoners in conditions amounting to solitary confinement at the East Mississippi Correctional Facility.
3. The Mental Health Subclass: All persons who are currently, or will be, subjected to Defendants’ mental health care policies and practices at the East Mississippi Correctional Facility.
4. The Units 5 and 6 Subclass: All persons who are currently, or will be, housed in Units 5 and 6 at the East Mississippi Correctional Facility.
IT IS FURTHER ORDERED that the following named Plaintiffs are appointed as class representatives for the General EMCF Class: James Vann, Derrick Hayes, Jeffery Covington, Phillip Fredenburg,
43

Case 3:13-cv-00326-WHB-JCG Document 257 Filed 09/29/15 Page 44 of 44
Eric Ward, and John Barrett. The following named Plaintiffs are appointed as class
representatives for the Isolation Subclass: Jermaine Dockery and Derrick Hayes.
The following named Plaintiff is appointed as class representative for the Mental Health Subclass: Joseph Osborne.
The following named Plaintiff is appointed as class representative for the Units 5 and 6 Subclass: Alvin Luckett.
IT IS FURTHER ORDERED that Plaintiffs’ current attorneys re appointed as counsel for the certified General Class and each of the three certified Subclasses.
IT IS FURTHER ORDERED that counsel for Plaintiffs shall, on or before October 15, 2015, contact Chambers of United States Magistrate Judge John C. Gargiulo and request the scheduling of a Case Management Conference.
SO ORDERED this the 29th day of September, 2015.
s/ William H. Barbour, Jr UNITED STATES DISTRICT JUDGE
44

 
 Case 3:13-cv-00326-WHB-JCG Document 767 Filed 08/24/18 Page 1 of 11

IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF MISSISSIPPI
NORTHERN DIVISION

JERMAINE DOCKERY, ET AL.

PLAINTIFFS

VS.

CIVIL ACTION NO. 3:13-cv-326-WHB-JCG

PELICIA HALL, ET AL.

DEFENDANTS

OPINION AND ORDER

This Opinion and Order is entered following the bench trial in

this constitutional rights violation case in which classes of

inmates challenge the conditions under which they are being housed,

and seek injunctive relief to remedy those alleged violations.

During trial, it became apparent that conditions at the subject

prison have changed based, in part, on the appointing/hiring of new

administrators, and the implementation of new policies and

procedures. In order to insure that any award of injunctive relief in this case does not run afoul of the Prison Litigation Reform

Act, the Court finds the impact of the changes at the prison must

first be assessed. To aid in this assessment, the Court will

permit the changes to be implemented for a brief period of time,

and will permit the expert and other witnesses on certain issues to offer additional evidence regarding the effects of the changes at

the prison.

Case 3:13-cv-00326-WHB-JCG Document 767 Filed 08/24/18 Page 2 of 11
I. Factual Background and Procedural History The subject lawsuit was filed on behalf of prisoners confined at the East Mississippi Correctional Facility (“EMCF”) in Meridian, Mississippi, which is designed to provide treatment and housing for mentally ill prisoners. Beginning in July of 2012, EMCF has been privately operated by Management and Training Corporation (“MTC”) pursuant to a Residential Services Agreement (“Services Agreement”) that was entered between the Mississippi Department of Corrections (“MDOC”) and the East Mississippi Correctional Facility Authority. The MDOC has hired a Contract Monitor to assess, inspect, and review the manner in which the prison is operated/managed.1 The lawsuit was filed in May of 2013, against Christopher Epps (“Epps”), in his then capacity as Commissioner of the MDOC. In 2014, Epps was indicted on federal charges including money laundering and fraud, which arose from allegations that he was receiving bribes and kickbacks in exchange for his awarding of MDOC contracts (including contracts related to EMCF), and his failing to report the money he was receiving to the Internal Revenue Service. See United States v. Epps, Criminal No. 3:14-cr-111 (S.D. Miss.). Epps pleaded guilty to several of the counts in the indictment, and
1 The Monitor hired by MDOC is required to, inter alia, (1) perform ongoing assessments of EMCF; (2) conduct reviews of incident reports and inmate movement reports; (3) perform quarterly reviews of inmate records, files, facility financial reports, and program progress reports; and (4) perform an annual comprehensive review and annual review of independent inspection reports.
2

Case 3:13-cv-00326-WHB-JCG Document 767 Filed 08/24/18 Page 3 of 11
is currently serving a 235-month term of imprisonment. Pelicia Hall (“Hall”), who is the current MDOC Commissioner, has been substituted as a real party in interest pursuant to Rule 25 of the Federal Rules of Civil Procedure. The Complaint also named Dr. Gloria Perry in her official capacity as Chief Medical Officer for the MDOC, and Archie Longley in his official capacity as Deputy Commissioner for Institutions for the MDOC, as defendants. The Deputy Commissioner position is currently held by Jerry Williams, and he has likewise been substituted as a real party in interest in this case.
In their Complaint, Plaintiffs allege that the conditions at EMCF under which they are confined violate their Eighth Amendment right to be free from cruel and unusual punishment, and they seek to redress these violations under 42 U.S.C. § 1983. The relief requested includes that Defendants be ordered to “eliminate the substantial risks of serious harm” that have allegedly resulted from, inter alia, inadequate medical and mental health care, unsanitary environmental conditions, the use of excessive force by EMCF personnel, and the use of isolated confinement.2 By prior Order, the Court certified the case to proceed as a class action consisting of one General Class, known as the EMCF Class, and three Subclasses: the Isolation Subclass, the Mental Health Subclass, and
2 A detailed account of the factual allegations underlying Plaintiffs’ claims can be found at Opinion and Order [Docket No. 257].
3

Case 3:13-cv-00326-WHB-JCG Document 767 Filed 08/24/18 Page 4 of 11
the Units 5 and 6 Subclass. See Opinion and Order [Docket No. 257].3 Declarative and injunctive relief is sought on the following claims:
Claim One – The policies and practices at EMCF subject members of the EMCF Class to a substantial risk of serious harm and injury from inadequate medical care, including dental care, optical care, and other healthrelated services.
Claim Two - The policies and practices at EMCF subject members of the Mental Health Subclass to a substantial risk of serious harm and injury from inadequate mental health care.
Claim Three - The policies and practices at EMCF subject members of the Isolation Subclass to a substantial risk of serious harm and injury because they are housed in conditions that amount to solitary confinement. The risks of harm arise from inadequate exercise and nutrition, unsafe environmental conditions, inadequate mental health treatment, and conditions of extreme social isolation and sensory deprivation.
Claim Four - The policies and practices at EMCF subject members of the EMCF Class to a substantial risk of serious harm and injury from the infliction of excessive force.
3 Defendants’ Motion to appeal the decision by which the classes were certified was denied by the United States Court of Appeals for the Fifth Circuit. See Dockery v. Fisher, Appeal No. 15-90110.
4

Case 3:13-cv-00326-WHB-JCG Document 767 Filed 08/24/18 Page 5 of 11
Claim Five - The policies and practices at EMCF subject members of the EMCF Class to a substantial risk of serious harm and injury by failing to protect them from violence, ignoring emergency situations, and enabling violent attacks on prisoners.
Claim Six - The policies and practices at EMCF subject members of the Units 5 and 6 Subclass to a substantial risk of serious harm and injury from dangerous environmental conditions, including vermin, exposure to smoke and other toxic substances, filthy cells and fixtures, broken plumbing, inoperable lighting, constant illumination, and inadequate ventilation.
Claim Seven - The policies and practices at EMCF subject members of the EMCF Class to a substantial risk of serious harm and injury by providing inadequate nourishment to maintain health, and by serving food in an unsanitary and unsafe manner.
Through these claims, Plaintiffs seek a declaration that the current policies and practices at EMCF violate their constitutional rights. Plaintiffs also request that Defendants be enjoined from continuing to use the policies and practices that give rise to the alleged constitutional violations, and be required to implement a plan to eliminate the substantial risks of harm that result from (1) inadequate medical and mental health care, (2) unsanitary and dangerous environmental conditions, (3) the use of excessive force by EMCF staff, (4) inmate-on-inmate violence, (5) malnutrition and
5

Case 3:13-cv-00326-WHB-JCG Document 767 Filed 08/24/18 Page 6 of 11
unsanitary food preparation and delivery, and (6) the use of isolated confinement. At a minimum, Plaintiffs request that the court-ordered plan: (1) prohibit solitary confinement under conditions of social isolation and sensory depravation; (2) provide timely and adequate treatment for both mental and physical illness; (3) protect prisoners from excessive force at the hands of EMCF staff and from harm by other prisoners; (4) require that prisoners be housed in safe, clean, and sanitary conditions; (5) provide prisoners nutritionally adequate, and safely prepared and served meals; and (6) require that prison officials monitor the performance of all private prison contractors. All of these claims were tried to the bench.
II. Discussion To remedy the constitutional violations that allegedly exist at the EMCF, Plaintiffs seek prospective injunctive relief. The claim for injunctive relief is governed by the Prison Litigation Reform Act (“PLRA”), codified at 18 U.S.C. § 3626, which provides: Prospective relief in any civil action with respect to prison conditions shall extend no further than necessary to correct the violation of the Federal right of a particular plaintiff or plaintiffs. The court shall not grant or approve any prospective relief unless the court finds that such relief is narrowly drawn, extends no further than necessary to correct the violation of the Federal right, and is the least intrusive means necessary to correct the violation of the Federal right. The court shall give substantial weight to any adverse impact on public safety or the operation of a criminal justice system caused by the relief.
6

Case 3:13-cv-00326-WHB-JCG Document 767 Filed 08/24/18 Page 7 of 11
18 U.S.C.A. § 3626(a)(1). The United States Court of Appeals for the Fifth Circuit has recognized that the “PRLA greatly limits a court’s ability to fashion injunctive relief.” Ball v. LeBlanc, 792 F.3d 584, 598 (5th Cir. 2015). Thus, before injunctive relief may be ordered, the district court:
[M]ust find that “such relief is narrowly drawn, extends no further than necessary to correct the violation of the Federal right, and is the least intrusive means necessary to correct the violation.” 18 U.S.C. § 3626(a)(1)(A). The court must also “give substantial weight to any adverse impact on public safety or the operation of a criminal justice system caused by the relief.” Id. If, after making the necessary findings and weighing the adverse impact on the criminal justice system, the court still feels injunctive relief is required, such relief “shall extend no further than necessary to correct the violation of the Federal right of a particular plaintiff or plaintiffs.” Id. Ball, 792 F.3d 598-99. During the bench trial, Plaintiffs offered expert evidence regarding the conditions of confinement existing at EMCF. The testimony of Plaintiffs’ experts was predicated on assessments of the prison they made prior to December of 2016, the time at which they submitted their expert reports. Plaintiffs also offered evidence documenting discreet incidents that occurred at the prison, including testimony from individual prisoners, to support their allegations that constitutional violations had occurred at the facility. This evidence shows that significant problems existed at or near the time the lawsuit was filed.
7

Case 3:13-cv-00326-WHB-JCG Document 767 Filed 08/24/18 Page 8 of 11
During trial, however, it became evident that numerous changes have been made at the facility since the lawsuit was filed, and that many of these changes directly bear on Plaintiffs’ claims. Again, Plaintiffs’ claims were largely supported by testimony of expert witnesses that, in turn, was based on their assessment of the policies, practices, and conditions that existed at the prison at times prior to March of 2013 (the date the lawsuit was filed) and December of 2016 (the date on which the expert reports were filed). After these dates, the MDOC came under new leadership with Hall replacing Epps as Commissioner of the MDOC, and Williams replacing Langley as Deputy Commissioner for Institutions. Additionally, the facility came under new leadership as Frank Shaw was hired by MTC as Warden of EMCF.
With Shaw as Warden it appears that major changes have been made with respect to the physical conditions at the prison. The decrepit cell and common-area conditions that were documented as having existed when the lawsuit was filed in 2013, were not present when the facility was toured by the undersigned during trial. Shaw has implemented staffing changes including the hiring of additional corrections officers and shift managers, has fired guards and other personnel for disciplinary reasons, and has worked to both improve security and decrease the amount of contraband at the facility. For example, one of the complaints in this case is that prisoners would destroy lighting fixtures for the purpose of obtaining
8

Case 3:13-cv-00326-WHB-JCG Document 767 Filed 08/24/18 Page 9 of 11
materials with which to make shives and other weapons. The destruction of the fixtures led to the two-fold problem of inadequate lighting in the cells, and weaponized prisoners. At the time of trial, the prison was in the process of testing a new type of fixture, one that is more difficult to destroy and does not have metal components that can be fashioned into weapons. Another complaint in this case was that the locking mechanisms on cell doors were ineffective thereby permitting prisoners to leave their cells and victimize other prisoners. The testimony at trial suggested that the locking mechanisms themselves were not inadequate but, instead, the problem resulted because prisoners would tamper with the locks to prevent the mechanism from engaging. To address this problem, up-grades were made to the computer system that electronically monitors the cell doors/locks, and policies were implemented by which cell doors are manually tested by guards when prisoners are returned to their cells.
In addition to changes being made with respect to the physical conditions and security at the facility, changes were also made with respect to the provision of medical and mental care. For example, as of February of 2018, the medical area was expanded to include more space/beds and personnel to treat medical emergencies. The expanded area also includes cells designed specifically to house and monitor prisoners who are placed on suicide precautions. Prior to the expansion, such prisoners had been placed in regular
9

Case 3:13-cv-00326-WHB-JCG Document 767 Filed 08/24/18 Page 10 of 11
holding cells. New policies have also been implemented with respect to the manner in which medications are distributed to prisoners. As regards the nutrition claim, evidence was presented showing that a new company has been hired to provide nutritional services at the prison, and that new equipment for food storage and delivery are being utilized.
Had the conditions and practices at EMCF, as alleged by Plaintiffs in their Complaint and described by Plaintiffs’ experts in their 2016 reports, continued to exist, Plaintiffs would likely be entitled to injunctive relief on at least some of their Section 1983 claims. Because, however, the PLRA requires that any injunctive relief be “narrowly drawn” and “necessary to correct the violation of [a] Federal right”, the Court finds it must preliminarily determine whether the constitutional violations about which Plaintiffs complain either remain in existence or have been remedied by the changes already implemented at EMCF. The Court is particularly interested in the effect, if any, of the changes made with respect to the delivery of physical and mental health care in the facility and with staffing.
To aid in this determination, proceedings in this case will be stayed for the purpose of permitting the parties’ witnesses who had been designated as experts in the areas of physical health care, mental health care, and prison staffing, to again inspect and assess the conditions presently existing in those specific areas at
10

Case 3:13-cv-00326-WHB-JCG Document 767 Filed 08/24/18 Page 11 of 11
EMCF. Only those experts will, thereafter, be permitted to file supplemental reports detailing the effects, if any, of the changes made at EMCF with respect to those particular areas. A bench hearing as to the supplemental reports will be scheduled as necessary.
III. Conclusion For the foregoing reasons: IT IS THEREFORE ORDERED that proceedings in this case shall be stayed pending the receipt of supplemental expert reports. Beginning on September 1, 2018, the parties’ experts in the areas of physical health care, mental health care, and prison staffing, will be permitted to inspect/assess the conditions presently existing in those specific areas at EMCF, and proffer supplemental reports detailing the effects, if any, of the changes made at EMCF to date with respect to those particular areas. The supplemental reports of Plaintiffs’ experts shall be filed on or before November 16, 2018. The supplemental reports of Defendants’ experts shall be filed on or before December 14, 2018. A bench hearing relevant to the information contained in the supplemental reports will be scheduled, if necessary, during the January of 2019 term of Court. SO ORDERED this the 24th day of August, 2018.
s/ William H. Barbour, Jr. UNITED STATES DISTRICT JUDGE 11

 
 Case 3:13-cv-00326-WHB-JCG Document 850 Filed 12/31/19 Page 1 of 55

IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF MISSISSIPPI
NORTHERN DIVISION

JERMAINE DOCKERY, ET AL.

PLAINTIFFS

VS.

CIVIL ACTION NO. 3:13-cv-326-WHB-JCG

PELICIA HALL, ET AL.

DEFENDANTS

OPINION AND ORDER This cause is before the Court for ruling on the Section 1983 claims alleged by Plaintiffs in this class action challenging multiple conditions of their confinement at East Mississippi Correctional Facility. After considering the evidence presented at trial, which was supplemented with materials gathered during a period of post-trial discovery, it is clear that many changes have been made at the subject prison that pertain to the claims alleged in this lawsuit. The changes include, but are not limited to, new administrators, new prison personnel, and new service providers. Based on these changes, the Court concludes that the alleged constitutional violations that may have existed at the time this lawsuit was filed no longer exist and, therefore, that the injunctive relief sought by Plaintiffs has not been shown necessary. Accordingly, judgment will be entered in favor of Defendants on all claims.

Case 3:13-cv-00326-WHB-JCG Document 850 Filed 12/31/19 Page 2 of 55
I. Factual Background and Procedural History Plaintiffs in this case are inmates at the East Mississippi Correctional Facility (“EMCF”), which is located near Meridian, Mississippi. EMCF is designated to house inmates with psychological and/or mental illnesses, and approximately eighty percent of the exclusively male prison population has been so diagnosed. At all times relevant to this lawsuit, EMCF was privately operated by Management and Training Corporation (“MTC”) pursuant to a Residential Services Agreement (“Services Agreement”) that was entered between the Mississippi Department of Corrections (“MDOC”) and the East Mississippi Correctional Facility Authority. The MDOC is charged with operating the Mississippi prison system. In 2012, several individuals, who were later designated by Plaintiffs as experts in this case, toured the facility and reviewed prison records. Based on the then-existing conditions, Plaintiffs filed a class action lawsuit alleging that the conditions under which they were being confined violated their Eighth Amendment right to be free from cruel and unusual punishment. Through their lawsuit, Plaintiffs seek to correct the alleged constitutional violations by way of injunctive relief.
2

Case 3:13-cv-00326-WHB-JCG Document 850 Filed 12/31/19 Page 3 of 55
Plaintiffs’ lawsuit was filed against several MDOC officials including Christopher Epps (“Epps”), in his then-official capacity as state-appointed Commissioner of the MDOC.1 After the lawsuit was filed, Epps was indicted on federal charges including money laundering and fraud. These charges arose, in part, from allegations that Epps was receiving bribes and kickbacks in exchange for awarding MDOC contracts, including contracts related to EMCF. See United States v. Epps, Criminal No. 3:14-cr-111 (S.D. Miss. 2014). Epps pleaded guilty to several federal charges and is currently in prison. Following Epps’s departure from the MDOC, Pelicia Hall (“Hall”) was appointed Commissioner, and she currently holds that position.
In addition to Epps, federal charges were filed against Doctor Carl Reddix (“Reddix”), charging, inter alia, that he had bribed Epps to obtain MDOC contracts. See United States v. Reddix, Criminal No. 3:16-cr-50 (S.D. Miss. 2016). Reddix was the owner of Health Assurance, LLC, which had been awarded a no-bid contract by Epps to provide healthcare-related services at EMCF, and that contract was in effect at the time this lawsuit was filed. Reddix
1 The Complaint also named Dr. Gloria Perry, in her official capacity as Chief Medical Officer for the MDOC, and Archie Longley, in his official capacity as Deputy Commissioner for Institutions for the MDOC, as defendants. The Deputy Commissioner position is currently held by Jerry Williams.
3

Case 3:13-cv-00326-WHB-JCG Document 850 Filed 12/31/19 Page 4 of 55
pleaded guilty to having bribed Epps and is currently in prison. After the MDOC learned of the bribery/kickback scheme, it rescinded the contract with Health Assurance, LLC, and entered a new contract with Centurion of Mississippi (“Centurion”) to provide healthcarerelated services at EMCF. Centurion began providing both medical and mental health care services at the prison in July of 2015.
The allegations in the Complaint are divided into several categories, the first of which is “Solitary Confinement”. As regards this category, Plaintiffs allege that although prisoners who are placed in solitary confinement should be permitted one hour of out-of-cell time per day to shower or have yard time, they often go days, and sometimes weeks, without being permitted any out-of-cell time. See Compl., ¶¶ 25-27. Plaintiffs also complain that numerous problems exist in the solitary confinement units in which they are housed including: (1) non-functioning plumbing; (2) vermin infestation; (3) non-function lights in some cells, “bright artificial light around the clock” in others; and (4) deafening noise levels. Id. at ¶¶ 29-35. Plaintiffs further allege that prisoners in solitary confinement are beaten and/or ignored by EMCF personnel and are at risk of prisoner-to-prisoner violence. Id. at ¶¶ 36-37. Finally, Plaintiffs complain that placement in solitary confinement exacerbates symptoms of pre-existing mental illnesses and can increase the risk of suicide. Id. at ¶¶ 38-74.
4

Case 3:13-cv-00326-WHB-JCG Document 850 Filed 12/31/19 Page 5 of 55
The second category is “Mental Health Care”. As regards this category, Plaintiffs allege: (1) they receive little, if any, individual or group mental health treatment; (2) they are overmedicated with tranquilizing anti-psychotic medications; (3) the symptoms of their mental diseases are exacerbated by the conditions under which they are housed; and (4) they are subjected to disciplinary action if they attempt to seek help from the medical staff. Id. at ¶¶ 79-82.
The third category is “Medical Care”. As regards this category, Plaintiffs allege: (1) there is insufficient staff to provide adequate medical treatment; (2) there are long delays in being seen by healthcare providers; (3) prisoners are often treated by nurses regardless of the nature or seriousness of their medical problems; and (4) they do not receive prescribed medications as ordered. Id. at ¶¶ 113-23. Plaintiffs also allege that (1) they are denied treatment for chronic medical conditions and pain management; (2) they receive untimely and insufficient dental and other medical care; (3) they are required to wait extended periods of time to see outside specialists; and (4) treatment plans and corrective surgeries recommended by outside specialists are often denied by prison officials. Id. at ¶¶ 124-89.
The fourth category is “Abuse and Excessive Force by Staff”. As to this category, Plaintiffs allege that security officers often
5

Case 3:13-cv-00326-WHB-JCG Document 850 Filed 12/31/19 Page 6 of 55
“use excessive force with impunity and with no oversight.” Id. at ¶ 190. Plaintiffs further allege that EMCF security officers and staff (1) receive insufficient training; (2) frequently use chemical agents and physical force without warning and in the absence of immediate threat of danger or resistance from the prisoners; and (3) deny requests for medical care by prisoners who have been subjected to physical force or chemical agents. Id. at ¶¶ 191-202. According to Plaintiffs, EMCF personnel use chemical agents and other forms of force against prisoners regardless of pre-existing medical or psychiatric problems. Id. at ¶¶ 203-08.
The fifth category is “Failure to Protect Prisoners from Violence”. As to this category, Plaintiffs allege that EMCF fails to protect prisoners from extortion, bodily and sexual assault, and other threats of violence from other inmates and, further, that prison staff has actively arranged/enabled such activities. Id. at ¶¶ 209-20. Plaintiffs further allege that EMCF has acted with deliberate indifference to the risk of prisoner-on-prisoner violence by failing to: (1) ensure the proper function of safety equipment; (2) maintain adequate staff; (3) remove weapons and dangerous objects from prisoners; and (4) remove prisoners from potentially dangerous situations. Id. at ¶¶ 221-32.
The sixth category is “Sanitation and Environmental Conditions”. In this section, Plaintiffs allege: (1) there are
6

Case 3:13-cv-00326-WHB-JCG Document 850 Filed 12/31/19 Page 7 of 55

multiple broken toilets, sinks, and showers throughout EMCF; (2)

food, excrement, and other debris litter prisoner cells and common

areas; (3) there is soot, and often smoke, present from fires

started by prisoners; (4) they are required to wear clothing and

sleep on bedding that has become saturated because of faulty water

pipes; and (5) there is poor ventilation throughout the facility

in part because air ducts and vents are not routinely cleaned.

Id. at ¶¶ 234-43.

The seventh category is “Nutrition and Food Safety”. As to

this category, Plaintiffs allege they are “deliberately underfed

and malnourished”, which has resulted in significant losses of

weight following arrival at EMCF. Id. at ¶¶ 244-50.

Plaintiffs also allege that Mississippi prison officials have

been indifferent to the problems that exist at EMCF. First,

Plaintiffs allege that the officials have known about the existing

problems at EMCF for several years but have failed to remedy them.

Id. at ¶¶ 251-53. Second, Plaintiffs allege that prison officials

have continued to renew and/or enter additional contracts with

private prison vendors even though the services provided by those

vendors have been criticized, and the contracts reduce the health

care services provided to EMCF prisoners. According to Plaintiffs,

prison officials do not monitor or engage in any oversight of the

private prison vendors.

Id. at ¶¶ 254-62. 7

Third, Plaintiffs

Case 3:13-cv-00326-WHB-JCG Document 850 Filed 12/31/19 Page 8 of 55
allege that administrative grievances regarding the conditions at
EMCF are generally either (1) answered with intimidation,
coercion, obstruction, or threats from the staff; or (2) not
answered at all. Id. at ¶¶ 263-83.
Based on these allegations, Plaintiffs filed suit seeking to
redress the alleged violations of their Eight Amendment rights as
one or more class of prisoners. Following a period of class
action-related discovery, the Court certified the case to proceed
as a class action consisting of one General Class, known as the
“EMCF Class”, and three Subclasses: the “Isolation Subclass”, the
“Mental Health Subclass”, and the “Units 5 and 6 Subclass”. See
Opinion and Order [Docket No. 257]. Membership of the General
Class and Subclasses is defined as follows:
1. The EMCF Class: All persons who are currently, or will be, confined at the East Mississippi Correctional Facility.
2. The Isolation Subclass: All persons who are currently, or will be, subjected to Defendants’ policies and practices of confining prisoners in conditions amounting to solitary confinement at the East Mississippi Correctional Facility.
3. The Mental Health Subclass: All persons who are currently, or will be, subjected to Defendants’ mental health care policies and practices at the East Mississippi Correctional Facility.
4. The Units 5 and 6 Subclass: All persons who are currently, or will be, housed in Units 5 and 6 at the East Mississippi Correctional Facility.
8

Case 3:13-cv-00326-WHB-JCG Document 850 Filed 12/31/19 Page 9 of 55
Id. at 43. Defendants’ Motion to appeal that decision was denied by the United States Court of Appeals for the Fifth Circuit. See Dockery v. Fisher, Appeal No. 15-90110.
The specific claims alleged in their Complaint are as follows: Claim One – The policies and practices at EMCF subject members of the EMCF Class to a substantial risk of serious harm and injury from inadequate medical care, including dental care, optical care, and other healthrelated services.
Claim Two - The policies and practices at EMCF subject members of the Mental Health Subclass to a substantial risk of serious harm and injury from inadequate mental health care.
Claim Three - The policies and practices at EMCF subject members of the Isolation Subclass to a substantial risk of serious harm and injury from housing them in conditions that amount to solitary confinement, including risks of harm from inadequate physical exercise, filthy and unsafe environmental conditions, inadequate nutrition, inadequate mental health treatment, and conditions of extreme social isolation and sensory deprivation.
Claim Four - The policies and practices at EMCF subject members of the EMCF Class to a substantial risk of serious harm and injury from the infliction of excessive force.
9

Case 3:13-cv-00326-WHB-JCG Document 850 Filed 12/31/19 Page 10 of 55
Claim Five - The policies and practices at EMCF subject members of the EMCF Class to a substantial risk of serious harm and injury by failing to protect them from violence, ignoring emergency situations, and enabling violent attacks on prisoners.
Claim Six - The policies and practices at EMCF subject members of the Units 5 and 6 Subclass to a substantial risk of serious harm and injury from dangerous environmental conditions, including vermin, exposure to smoke and other toxic substances, filthy cells and fixtures, broken plumbing, inoperable lighting, constant illumination, and inadequate ventilation.
Claim Seven - The policies and practices at EMCF subject members of the EMCF Class to a substantial risk of serious harm and injury by providing inadequate nourishment to maintain health, and by serving food in an unsanitary and unsafe manner.
Through these claims, Plaintiffs seek declarations, under 42 U.S.C. § 1983, that the policies and practices in use at EMCF at the time the lawsuit was filed violate their constitutional rights as protected by the Eighth Amendment. Plaintiffs also seek to enjoin the continued use of those policies and practices, and request that the named prison officials be required to implement prison reforms that eliminate the substantial risks of harm
10

Case 3:13-cv-00326-WHB-JCG Document 850 Filed 12/31/19 Page 11 of 55

resulting from (1) inadequate medical and mental health care; (2)

unsanitary and dangerous environmental conditions; (3) the use of

excessive force by staff; (4) prisoner-on-prisoner violence; (5)

malnutrition and unsanitary food preparation; and (6) the use of

isolated confinement. At a minimum, Plaintiffs request that the

court-ordered plan: (1) prohibit solitary confinement under

conditions of social isolation and sensory deprivation; (2)

provide timely and adequate treatment for both mental and physical

illness; (3) protect prisoners from excessive force at the hands

of staff and from harm from other prisoners; (4) require that

prisoners be housed in safe, clean, and sanitary conditions; (5)

provide prisoners nutritionally adequate, and safely prepared

meals; and (6) require that prison officials monitor the

performance of all private prison contractors.

Finally,

Plaintiffs request costs and attorneys’ fees under 42 U.S.C. §

1988.

During the course of pre-trial litigation, multiple discovery

disputes arose between the parties that needed to be resolved by

the Court. The discovery disputes, and the time needed thereafter

to complete discovery and prepare for trial resulted in several

continuances being granted at the request of both parties. The

case was tried to the bench between March 6, 2018, and April 9,

2018. In addition to hearing testimony and reviewing exhibits, 11

Case 3:13-cv-00326-WHB-JCG Document 850 Filed 12/31/19 Page 12 of 55
the Court toured the subject prison. Following trial, an Order was entered by which the case was stayed to allow the parties to conduct additional post-trial discovery, which included permitting the experts to again inspect EMCF and proffer supplemental reports detailing the effects, if any, of the changes made at EMCF during the course of litigation. See Order [Docket No. 767]. As before, discovery disputes arose between the parties that required resolution by the Court and extensions of time to submit the supplemental reports. After the supplemental reports were filed, the Court entered an Order by which the parties were permitted to submit post-trial briefs. See Order [Docket No. 830]. By this Order, Plaintiffs were required to expressly identify the remaining bases for their alleged constitutional violations and were expressly notified that any basis that had been alleged in the Complaint, but not again identified in post-trial briefing, would be treated as withdrawn and/or abandoned. Id. at 5. The Court has now considered all pleadings and evidence before it and is prepared to rule on Plaintiffs’ claims.
II. Standards The United States Supreme Court has recognized that while the Constitution “does not mandate comfortable prisons,” see Rhodes v. Chapman, 452 U.S. 337, 349 (1981), it does not permit the existence
12

Case 3:13-cv-00326-WHB-JCG Document 850 Filed 12/31/19 Page 13 of 55
of those that are inhumane. Farmer v. Brennan, 511 U.S. 825, 832 (1994). Thus, “the treatment a prisoner receives in prison and the conditions under which he is confined are subject to scrutiny under the Eighth Amendment.” Helling v. McKinney, 509 U.S. 25, 31 (1993). In prohibiting cruel and unusual punishment, the Eighth Amendment places restraints on prison officials, who, for example may not use excessive physical force against prisoners. See Hudson v. McMillian, 503 U.S. 1 (1992). The Eighth Amendment also imposes duties on prison officials to provide humane conditions of confinement; ensure that inmates receive adequate food, clothing, shelter, and medical care; and “take reasonable measures to guarantee the safety of the inmates.” See Hudson v. Palmer, 468 U.S. 517, 526–527 (1984).
In determining whether prison officials have violated the Eighth Amendment, courts apply a two-pronged analysis. The first consideration is whether there has been an objective showing that the complained of constitutional deprivation is of a “sufficiently serious” nature. See Wilson v. Seiter, 501 U.S. 294, 298 (1991). To meet the “sufficiently serious” requirement, a prison official’s act or omission must result in the denial of “minimal civilized measure of life’s necessities,” see Rhodes v. Chapman, 452 U.S 337, 347 (1981), or result in a prisoner’s being incarcerated under conditions that pose a substantial risk of
13

Case 3:13-cv-00326-WHB-JCG Document 850 Filed 12/31/19 Page 14 of 55
serious harm. See Helling, 509 U.S. at 35. The second consideration bears on whether the prison official had a “sufficiently culpable state of mind” see Wilson, 501 U.S. at 298, i.e. that he or she acted with “deliberate indifference” to a prisoner’s health or safety. Id. at 302–303. To satisfy the “deliberate indifference” requirement, it must be shown that a prison official “knows of and disregards an excessive risk to inmate health or safety [--] the official must both be aware of facts from which the inference could be drawn that a substantial risk of serious harm exists, and he must also draw the inference.” Farmer, 511 U.S. at 837.
Here, to remedy the alleged Eighth Amendment violations, Plaintiffs seek injunctive relief. The Prison Litigation Reform Act (“PLRA”), greatly limits the ability of a court to fashion injunctive relief. Before an injunction can issue, a district court must find that “such relief is narrowly drawn, extends no further than necessary to correct the violation of the Federal right, and is the least intrusive means necessary to correct the violation.” 18 U.S.C. § 3626(a)(1)(A). The court must also “give substantial weight to any adverse impact on public safety or the operation of a criminal justice system caused by the relief.” Id.
The Supreme Court has also held that in cases in which inmates seek injunctive relief to prevent substantial risks of serious
14

Case 3:13-cv-00326-WHB-JCG Document 850 Filed 12/31/19 Page 15 of 55
injury from ripening into actual harm, the Eighth Amendment deliberate indifference standard “should be determined in light of the prison authorities current attitudes and conduct”, i.e. “their attitudes and conduct at the time suit is brought and persisting thereafter.” Farmer, 511 U.S. at 841. (citation omitted). Further, a prisoner seeking injunctive relief on the grounds that there is “a contemporary violation of a nature likely to continue,” must show both the existence of a violation and produce evidence “from which it can be inferred that the [prison] officials were at the time suit was filed ... knowingly and unreasonably disregarding an objectively intolerable risk of harm, and that they will continue to do so ... during the remainder of the litigation and into the future.” Id. As regards this showing, “inmates may rely on developments that postdate the pleadings and pretrial motions, [and] defendants may rely on such developments to establish that the inmate is not entitled to an injunction.” Id.
II. Discussion A. Claim One - Medical Care
In order to prevail on an Eighth Amendment claim arising from the alleged deprivation of medical care, a prisoner must show that appropriate care has been denied, and that the denial has constituted “deliberate indifference to serious medical needs.”
15

Case 3:13-cv-00326-WHB-JCG Document 850 Filed 12/31/19 Page 16 of 55
Thomas v. Carter, 593 F. App’x 338, 342 (5th Cir. 2014)(citing Estelle v. Gamble, 429 U.S. 97 (1976)). A prisoner’s belief that he should have received different treatment does not implicate the Eighth Amendment because a mere disagreement with the medical treatment that was provided, absent exceptional circumstances, does not support a claim of deliberate medical indifference. Gobert v. Caldwell, 463 F.3d 339, 346 (5th Cir. 2006). Similarly, claims of negligence, medical malpractice, or unsuccessful medical treatment do not give rise to Section 1983 claims. See e.g. Zaunbrecher v. Gaudin, 731 F. App’x 340 (5th Cir. 2016). Rather, “subjective recklessness as used in the criminal law” is the appropriate definition of “deliberate indifference” under the Eighth Amendment. Farmer v. Brennan, 511 U.S. 825, 839-30 (1994). A prison official acts with deliberate indifference only if the official (1) “knows that inmates face a substantial risk of serious bodily harm,” and (2) “disregards that risk by failing to take reasonable measures to abate it.” Gobert, 463 F.3d at 346 (quoting Farmer, 511 U.S. at 847)). The deliberate indifference standard sets a very high bar. To succeed on a Section 1983 claim, a prisoner must establish that the defendants “refused to treat him, ignored his complaints, intentionally treated him incorrectly, or engaged in any similar conduct that would clearly evince a wanton disregard for any serious medical needs.” Domino v. Texas Dept.
16

Case 3:13-cv-00326-WHB-JCG Document 850 Filed 12/31/19 Page 17 of 55
of Criminal Justice, 239 F.3d 752, 756 (5th Cir. 2001)(quoting Estelle, 429 U.S. at 97). Further, a mere delay in providing medical treatment does not amount to a constitutional violation without both deliberate indifference and a resulting substantial harm. Easter v. Powell, 467 F.3d 459, 463 (5th Cir. 2006)(citations omitted).
Plaintiffs claim that the medical care they receive at EMCF is constitutionally inadequate for several reasons including that: (1) they are denied access to treatment for urgent, non-urgent, and chronic medical conditions because there is not a rapid and confidential means for alerting staff of medical problems; (2) they are subjected to “unacceptably long delays” in receiving medical treatment; and (3) the treatments they receive are below the standards set for medical health care providers. In support of these claims, Plaintiffs rely on evidence from their expert witnesses, Dr. Marc Stern (“Stern”) and Madeleine LaMarre (“LaMerre”), both of whom testified as to the medical care provided at EMCF. While the testimony of these experts could support a finding of deficient medical treatment as regards certain prisoners, the Court finds it has not been shown to be applicable to all class members.
For example, Stern testified that his opinions were based on what he termed “purposeful” or “purposive” sampling, and that his
17

Case 3:13-cv-00326-WHB-JCG Document 850 Filed 12/31/19 Page 18 of 55

limited sample only included prisoners whose records established

that they had complex medical histories, and who had sought

treatment in complicated or difficult situations. See Tr. Vol.

19, at 48. Additionally, Stern testified that his opinions

regarding the delivery and adequacy of medical care at EMCF were

not based on accepted national or prison standards, including those

promulgated by the American Correctional Association or the

National Commission on Correctional Health Care but, instead, he

based his opinions entirely on his training and experience in

reviewing and working with prisons. See id. at 54. Stern’s

personal opinions regarding the adequacy of the medical care

provided to prisoners at EMCF does not establish a standard for

decency. See Rhodes, (explaining that expert opinions regarding

desirable prison conditions do not “suffice to establish

contemporary standards of decency.”). Similarly, LaMarre’s expert

opinions and testimony were likewise based on a non-random sample

consisting of only twenty prisoners at EMCF, see Tr. Vol. 28, at

11, and she did not know whether her opinions would be applicable

to all class members. See id. At 14 (testifying, for example,

that while one prisoner had not been medically screened within the

first twenty-four hours following his transfer to

EMCF, she

did not know how many other prisoners, if any, had not been

screened). 18

Case 3:13-cv-00326-WHB-JCG Document 850 Filed 12/31/19 Page 19 of 55
Also relevant to the issue of medical care, the record shows that the MDOC cancelled the contract with Health Assurance, LLC, i.e. the company that had been providing health care services at EMCF at the time the lawsuit was filed, after the bribery scheme between its owner, Dr. Reddix, and then-MDOC Commissioner Epps, became known. Tr. Vol. 23, at 48. As of July of 2015, a new company, Centurion of Mississippi, has been providing medical and mental health care services at EMCF. Id. As of August of 2017, Patrick Arnold (“Arnold”) has been the chief physician at the prison. In addition to Arnold, the medical care team at EMCF includes five nurse practitioners, eight registered nurses, seventeen licensed practical nurses, an infection control coordinator, a pharmacy technician, and a dental assistant. The prison also employs several part-time dentists and a part-time pharmacist. Arnold Dec. [Docket No. 812], 3. Prisoners request medical treatment by completing a “sick call” request form that is reviewed by medical staff within twelve to twenty-four hours. The healthcare system at EMCF is monitored and assessed through a Continuous Quality Improvement Program, see Tr. Vol. 24, at 52, and has been accredited by the American Correctional Association (“ACA”).
After Centurion began providing healthcare services at EMCF, and since Arnold assumed the chief physician position, all sick
19

Case 3:13-cv-00326-WHB-JCG Document 850 Filed 12/31/19 Page 20 of 55
call requests are now being assessed within twenty-four hours by a nurse who conducts a face-to-face evaluation of the prisoner and then refers the prisoner for either urgent treatment with an inhouse medical provider or schedules the prisoner for routine care. Tr. Vol. 35, at 28. If it is determined that a prisoner needs urgent care, he is seen by a health care provider that day. Id. at 29. If it is determined that a prisoner needs routine care, he is generally seen within seven days of the sick call request. Approximately 150-200 prisoners who submit sick call requests are seen by medical providers each week. Id., at 32. Prisoners in need of emergent care are immediately transferred either to the prison medical unit or a local emergency room depending on the nature and severity of the emergency. Id. at 33-34.
Having reviewed the evidence, the Court finds that Plaintiffs have failed to show that they, as members of a class or classes, are being denied constitutionally adequate medical care while housed at EMCF. While Plaintiffs and their expert witnesses have presented evidence to show that there have been times when the provision of medical care at EMCF was delayed or may not have been adequate, they have not shown that Defendants have acted with deliberate indifference to their medical needs on a class-wide basis. There is insufficient evidence that prisoners, as a class, are being refused treatment, having their medical problems
20

Case 3:13-cv-00326-WHB-JCG Document 850 Filed 12/31/19 Page 21 of 55

ignored, or are intentionally being mistreated as is required to

succeed on a Section 1983 claim.

Plaintiffs also claim they are receiving constitutionally

deficient medical care based on the manner that medications are

administered at EMCF. In support of this claim, Plaintiffs argue

that they do not timely receive prescribed medications (and

sometimes do not receive them at all) because the prison does not

ensure that required medications are properly stocked. Plaintiffs

also argue that the nurses who administer medications fail to

adhere to generally accepted standards and fail to properly

document that medications were given and taken as prescribed.

In support of this claim, Plaintiffs rely on evidence

including a sampling of Medication Administration Records (“MARs”)

that show that some prisoners had not received all doses of

prescribed medication and some had not received medications as

scheduled.

To the extent the missed doses or untimely

administration of medications evidenced on the MARs reflect human

error or poor record keeping, they do not amount to constitutional

violations. See e.g. Daniels v. Williams, 474 U.S. 327 (1986)

(holding that negligent conduct does not rise to the level of

constitutional violations). In addition, there is insufficient

evidence that Plaintiffs, as a class, suffered substantial harm as

a result of the missed doses or delays as is required to maintain 21

Case 3:13-cv-00326-WHB-JCG Document 850 Filed 12/31/19 Page 22 of 55
a Section 1983 claim. See e.g. Mendoza v. Lynaugh, 989 F.2d 191, 193 (5th Cir. 1993).
The missed doses and untimely administration of medication that resulted because of insufficient medication being available at the prison could, arguendo, rise to a class-wide harm. The record shows, however, that Defendants have not acted with deliberate indifference to the harms that could result because medications are not given as prescribed. First, after the lawsuit was filed and at the time of trial, EMCF had established its own on-sight pharmacy that permitted it to stock medications for prisoner use. EMCF has also obtained a pharmacy license that permits it to stock psychiatric medications on the premises. The prison also now has in place protocols to assess and monitor prisoners who have missed more than three doses of medication. Under this protocol, any prisoner who misses three consecutive doses of medication has a notice placed in his medication record, and that prisoner is automatically seen by a health care provider to determine the reason(s) the medications were missed. Tr. Vol. 34, 113-15. Based on the establishment of an in-house pharmacy, and the implementation of new medication administration policies, EMCF had a ninety-three percent compliance rating for medication administration as of October of 2018. The Court finds this
22

Case 3:13-cv-00326-WHB-JCG Document 850 Filed 12/31/19 Page 23 of 55
compliance rating is within reasonable limits.
In sum, the Court finds that Plaintiffs have not shown that their Eighth Amendment rights have been violated with respect to the provision of health care or medications at EMCF. The Court notes that the record does show that there were instances when medical treatment was delayed, when medications were not timely administered, and when prisoners may have responded better had different medical care been provided. The record does not, however, show that prisoners, as a class, are systematically being denied medical treatment or having their medical needs ignored. The record also does not show that Defendants have acted with deliberate indifference to the medical needs of prisoners at EMCF. Defendants have contracted with a new company to provide medical care at EMCF, they have established an in-house pharmacy and new protocols to ensure prisoners are receiving prescribed medication, and requests for medical care are now being timely triaged and answered. Accordingly, judgment will be granted in Defendants’ favor on Plaintiffs’ Eight Amendment health care claim.
B. Claim Two - Mental Health Care The standard for proving an Eighth Amendment claim for the
deprivation of psychiatric care is the same as that used when
23

Case 3:13-cv-00326-WHB-JCG Document 850 Filed 12/31/19 Page 24 of 55
considering medical care claims, i.e. a prisoner must show that appropriate care has been denied, and that the denial constituted “deliberate indifference to serious medical needs.” Thomas, 593 F. App’x at 342. Again, a prisoner’s disagreement with the care he has received, and allegations of negligence and unsuccessful treatment outcomes do not support a claim of deliberate medical indifference. Instead, to be found to have acted with deliberate indifference, a prison official must (1) “know[] that inmates face a substantial risk of serious bodily harm,” and (2) “disregards that risk by failing to take reasonable measures to abate it.” Gobert, 463 F.3d at 346 (quoting Farmer, 511 U.S. at 847). To succeed on a Section 1983 claim, a prisoner must be able to establish that the defendants “refused to treat him, ignored his complaints, intentionally treated him incorrectly, or engaged in any similar conduct that would clearly evince a wanton disregard for any serious medical needs.” Domino, 239 F.3d at 752 (quoting Estelle, 429 U.S. at 97). Further, a mere delay in providing medical treatment does not amount to a constitutional violation without both deliberate indifference and a resulting substantial harm. Easter, 467 F.3d at 463.
Plaintiffs claim that the mental health care they are provided at EMCF violates the Eighth Amendment. As discussed above, after the lawsuit was filed, Defendants contracted with a new company,
24

Case 3:13-cv-00326-WHB-JCG Document 850 Filed 12/31/19 Page 25 of 55
Centurion, to provide mental health care services at EMCF. In October of 2015, Centurion hired Dr. Kim Nagel (“Nagel”) to the position of chief psychiatrist at the prison. Upon his hiring, Nagel made multiple changes with respect to the delivery of mental health care at the prison, including increasing the amount of counseling received by prisoners, limiting the use of tranquilizing medications, and eliminating the use of habitforming medications. Currently, Dr. Steven Bonner (“Bonner”) serves as the chief psychiatrist. Along with Bonner, the mental health team consists of a full-time psychologist, five psychiatric nurse practioners, seven licensed (masters-level) counselors, and two mental health activity therapists.
Approximately two-thirds of all prisoners at EMCF have mental illnesses/disorders that require treatment. The vast majority of these prisoners have what are termed “stable mental health problems”, which are problems that are controlled with medication. These prisoners are seen by counselors each month and by psychiatric staff every three months. The few prisoners whose mental illnesses require closer monitoring are seen by the psychiatric staff at least once per month.
EMCF operates a separate unit, designated “Unit 3”, which houses prisoners whose mental illnesses require additional treatment and safety measures and/or render them too vulnerable
25

Case 3:13-cv-00326-WHB-JCG Document 850 Filed 12/31/19 Page 26 of 55
for placement in other units. See Bonner Dec. [Docket No. 812], at 6-7. After the lawsuit was filed, but before trial, EMCF also created a new Acute Care Unit (“ACU”), in order to provide intensive treatment, counseling, and therapy to prisoners with difficult mental illnesses. Id. at 7-8. Dr. Bonner treats all prisoners in Unit 3 and the ACU and oversees the mental health therapies these prisoners are provided by other staff members.
Plaintiffs argue that the mental health care they receive is deficient because EMCF has an inadequate intake process, which fails to promptly and reliably detect mental health needs and/or fails to insure the continuity of mental health treatment. Plaintiffs do not dispute that every prisoner is twice-screened upon his placement at EMCF but, instead, argue that those screenings are inadequate or deficient. In support of this claim, Plaintiffs cite evidence from their correctional mental health care expert, Dr. Bruce Gage (“Gage”), who testified that the assessments performed at EMCF are inadequate because staff does not consistently review the entire medical record as part of the intake process. See Tr. Vol. 26, at 55. Gage also testified that the assessments he reviewed contained erroneous information. Gage Rep. [Docket No. 807], at 10. Plaintiffs also argue that assessment and treatment plans for mentally ill prisoners at EMCF are inadequate because they lack specificity, fail to consistently
26

Case 3:13-cv-00326-WHB-JCG Document 850 Filed 12/31/19 Page 27 of 55
identify symptoms for targeted treatment, and do not include behavior management plans like those used in other prisons.
As regards the provision of mental health care, Plaintiffs argue it is deficient and/or inadequate because they are provided infrequent or inappropriate access to mental health providers and are provided insufficient access to other structured mental health treatment programs such as group therapy and mental health activities. Plaintiffs also argue that the mental health staff at EMCF does not adequately respond to prisoners who are in mental health crises including transferring such prisoners to outside medical facilities.
As discussed above, after the lawsuit was filed, a new company was hired to provide mental health care services at the prison. Although Plaintiffs, through Gage, argue that the mental care they are receiving is inadequate and that they would likely respond better if different treatment was provided, they have not shown that they are being denied treatment, that their mental illnesses or disorders are being ignored, or that they are intentionally being mistreated. In other words, Plaintiffs’ arguments that they should be screened differently, have different types of treatment plans, and be provided different forms of mental health treatment do not establish a constitutional violation. The record also shows that Defendants have not acted with deliberate indifference
27

Case 3:13-cv-00326-WHB-JCG Document 850 Filed 12/31/19 Page 28 of 55
with respect to the mental health needs prisoners at EMCF. Again, Defendants contracted with a new company to provide mental health care at EMCF and established an in-house pharmacy to decrease disruptions in administering medications. The prison also created the ACU for the purpose of housing, monitoring, and treating prisoners who have severe mental illnesses, and maintains a separate unit to house prisoners whose mental illnesses require more treatment or pose greater safety concerns. Although prisoners at EMCF are not getting the type and amount of mental health care that may be available to non-prisoners, the Court finds that the mental health care they are being provided has not been shown to be constitutionally deficient.
In sum, the evidence in the record shows that Plaintiffs, as a class, are receiving mental health care at EMCF, and that Defendants are not acting with deliberate indifference to their mental health needs or the risks of harm that could result if their needs were not addressed. Although Plaintiffs argue, through their expert Gage, that they should be given different types of mental health care and different types of medication, and that the security and mental health staff should interact with them in a different manner, they have not shown that their constitutional rights are being violated based on the manner in which they are now treated. In other words, the Court finds that Plaintiffs’
28

Case 3:13-cv-00326-WHB-JCG Document 850 Filed 12/31/19 Page 29 of 55
challenges regarding the frequency, adequacy, and appropriateness of the mental health care being delivered at EMCF do not arise to level necessary to violate the Eighth Amendment. Accordingly, judgment will be granted in Defendants’ favor on Plaintiffs’ Eight Amendment mental health care claims.
C. Claim Three - Isolation/Solitary Confinement Although solitary confinement does not per se violate the
Eighth Amendment, “there is a line where [its] conditions [can] become so severe that its use is converted from a viable prisoner disciplinary tool to cruel and unusual punishment.” Gates v. Collier, 501 F.2d 1291, 1304 (5th Cir. 1974). Here, Plaintiffs claim that the length of time some prisoners are held in solitary confinement violates their Eighth Amendment rights. On this issue, several Plaintiffs testified that they had been held in solitary confinement/isolation for extended periods of time. See e.g. Tr. Vol. 11 (Plaintiff Grogan testifying he had been held in isolation since 2014); Tr. Vol. 15 (Mitchell testifying he had been held in isolation for two and one-half years). Plaintiffs argue that the isolation that results from the extended periods of solitary confinement harms their physical and mental health or places them at a substantial risk for such harm.
In support of this claim, Plaintiffs cite the 29

Case 3:13-cv-00326-WHB-JCG Document 850 Filed 12/31/19 Page 30 of 55
opinions/testimony of Dr. Terry Kupers (“Kupers”), who was qualified as an expert in the area of the psychological effects of isolation and solitary confinement. In his expert report, Kupers opined that placing a prisoner in solitary confinement can result in his experiencing, inter alia, anxiety, depression, irrational anger, confused thinking, and increase the risk of suicide. See Post Tr. Brief Ex. 77 Kuper Rep., 12-13. According to Kupers, periods of solitary confinement should not exceed fifteen days. Tr. Vol. 16, at 35. This opinion mirrors the position of the National Commission on Correctional Health Care that “[p]rolonged (greater than 15 consecutive days) solitary confinement is cruel, inhumane, and degrading treatment, and harmful to an individual’s health.” Id.
The Court finds Kupers’s testimony/opinion that a prisoner should not be held in solitary confinement for more than fifteen days does not create a benchmark for determining whether any constitutional rights have been violated. See Rhodes, 452 U.S. at 348 (explaining that expert opinions regarding desirable prison conditions do not “suffice to establish contemporary standards of decency.”). In addition, Plaintiffs have not shown that their being placed in solitary confinement was not justified, or that the conditions under which they are being confined are inhumane. Although Plaintiffs complain that they often do not get the five-
30

Case 3:13-cv-00326-WHB-JCG Document 850 Filed 12/31/19 Page 31 of 55
hours-per-week recreation time, or the three showers-per-week as prescribed by EMCF policy, longer periods of continuous cell time have been found constitutional. See e.g. Hernandez v. Valaquez 522 F.3d 556, 561-62 (5th Cir. 2008)(finding that the denial of recreation time for a thirteen-month period had not violated the prisoner’s constitutional rights).
Plaintiffs also complain that the lights in solitary confinement cells do not function for extended periods of time. They have not shown, however, that Defendants are deliberately indifferent to the risks associated with no or limited lighting. The record shows that the main reason for non-functioning lights at EMCF is that prisoners tamper with and/or break light fixtures and bulbs. Defendants have shown that EMCF has maintenance crews that routinely repair and replace equipment that has been damaged or destroyed by the prisoners, including light fixtures; that the prison annually spends over $700,000 on maintenance and repairs; and that the prison has begun installing an up-graded light fixture that is more tamper-resistant.
Having reviewed the evidence, the Court finds Plaintiffs have failed to show that their constitutional rights are being violated based on either the length of time they are housed in solitary confinement, or the conditions of that confinement. Plaintiffs have likewise failed to show that Defendants have acted with
31

Case 3:13-cv-00326-WHB-JCG Document 850 Filed 12/31/19 Page 32 of 55
deliberate indifference to the risks posed by solitary confinement/isolation. Accordingly, judgment will be granted to Defendants on Plaintiffs’ isolation claim.
D. Excessive Force The Supreme Court has held that the use of excessive force
against prisoners may constitute cruel and unusual punishment in violation of the Eighth Amendment regardless of whether serious injury results. Hudson v. McMillian, 503 U.S. 1, 4 (1992). “In evaluating excessive force claims under the Eighth Amendment, the ‘core judicial inquiry’ is ‘whether force was applied in a goodfaith effort to maintain or restore discipline, or maliciously and sadistically to cause harm.’” Cowart v. Erwin, 837 F.3d 444, 452 (5th Cir. 2016)(quoting Hudson, 503 U.S. at 6-7). “This standard focuses on ‘the detention facility official’s subjective intent to punish.’” Waddleton v. Rodriguez, 750 F. App’x 248, 253 (5th Cir. 2018)(quoting Cowart, 837 F.3d at 542)(internal citations omitted). To determine a prison official’s subjective intent, and thus whether the use of force was constitutionally permissible, see Cowart, 837 F.3d at 452-53, courts consider the following factors: (1) “the extent of injury suffered by an inmate”, (2) “the need for application of force”, (3) “the relationship between the need for force and the amount of force used”, (4) “the threat
32

Case 3:13-cv-00326-WHB-JCG Document 850 Filed 12/31/19 Page 33 of 55
‘reasonably perceived by the responsible officials’”, and (5) “any efforts made to temper the severity of a forceful response.” Waddleton, 750 F. App’x at 253 (quoting Hudson, 503 U.S. at 7).
Plaintiffs claim that the excessive force employed by security officers at EMCF subjects them to substantial risks of serious harm. The policy of the MDOC regarding the use of force provides, inter alia, that the use of force should be planned, involve verbal intervention, and be used as a last possible resort when possible. Pls.’ Post Tr. Brief, Ex. 99. In situations involving mentally ill prisoners, like the majority of those housed ay EMCF, planned use of force should incorporate intervention by mental health staff. Id.
In support of their excessive force claim, Plaintiffs cite evidence presented by their correctional practices and security expert, Eldon Vail (“Vail”). Vail testified that security officers at EMCF engage in two types of force, either spontaneous uses of force (“SUOF”) or planned uses of force (“PUOF”). Tr. Vol. 4, at 8-11. According to Vail, SUOF should only be used when prisoners “presen[t] an immediate or imminent risk of harm.” Pls.’ Post Tr. Brief, Ex. 78, at 34. In all other instances, security officers should be required to use a PUOF, and the PUOF should include a requirement that mental health staff first attempt to de-escalate situations involving prisoners before any other method of force is
33

Case 3:13-cv-00326-WHB-JCG Document 850 Filed 12/31/19 Page 34 of 55
used. Tr. Vol. 2, 135. Thus, Vail’s opinion seems to be that a SUOF in circumstances other than those in which a prisoner presents an immediate or imminent risk of harm, constitutes an excessive use of force and, therefore, is unconstitutional.
In arguing that they have been subjected to excessive force, Plaintiffs cite incident reports showing that security officers at EMCF used chemical spray against prisoners who had been locked in cells or confined in other secure areas. Pls.’ Post Tr. Brief, Ex. 17. According to Plaintiffs, because the prisoners were confined, and therefore did not pose an immediate/imminent risk of harm, the use of chemical spray constituted excessive force.
Although Vail testified to his opinion that a SUOF is excessive except in cases in which a prisoner’s conduct could result in immediate/imminent harm, his opinion does not establish that the application of a SUOF in all other circumstances violates the Constitution. See e.g. Green v. Farrell, 801 F.2d 765, 770 (5th Cir. 1986)(“Expert recommendations do not create constitutional standards under the eighth amendment.”)(citing Rhodes, 452 U.S. at 348 n.13)). In addition, if adopted as a constitutional standard, Vail’s opinion would divest the Court of its duty to measure the force used against the threat posed by the prisoner as “‘reasonably perceived by the responsible officials’”. Waddleton, 750 F. App’x at 253 (quoting Hudson, 503 U.S. at 7).
34

Case 3:13-cv-00326-WHB-JCG Document 850 Filed 12/31/19 Page 35 of 55
For example, the record shows that chemical spray has been used on prisoners who have refused to permit security officers to close and secure the food tray slots on their cell doors. Warden Shaw testified that allowing the food tray slots to remain open presents significant safety and security issues because prisoners reach through the open slots to tamper with the locking mechanisms on their cells, pass contraband, and throw things (including flaming debris) into the common area of the pods. Tr. Vol. 31. The use of chemical spray on prisoners who refuse to allow their food tray slots to be secured does not, as a matter of law, constitute an excessive use of force. See e.g. Poe v. Texas Dep’t of Criminal Justice, 306 F. App’x 866, 867-68 (5th Cir. 2009).
Finally, even if the Court were to find that the SUOF incidents cited by Plaintiffs amounted to excessive force, they are still required to show that Defendants acted with deliberate indifference to the risks presented by that use. They have not. The record shows that security officers are required to undergo training regarding the use of force against prisoners, and that all incidents involving the use of force are reviewed.
In sum, the Court finds that Plaintiffs have failed to show either that the SUOF at EMCF constitutes an application of excessive force, or that Defendants have acted with deliberate indifference to the risk of harm that could result when force is
35

Case 3:13-cv-00326-WHB-JCG Document 850 Filed 12/31/19 Page 36 of 55
used against prisoners. Accordingly, Defendants will be granted judgment on Plaintiffs’ excessive force claims.
E. Claim Five - Protection from Harm The Eighth Amendment imposes a duty upon prison officials to
protect prisoners from violence at the hand of other prisoners. Farmer, 511 U.S. at 831-32. See also Wilson, 501 U.S. 300, 303 (classifying “the protection [an inmate] is afforded against other inmates” as a “conditio[n] of confinement” subject to the strictures of the Eighth Amendment); Rhodes, 452 U.S. at 347 (finding that being assaulted in prison is simply not part of the penalty that criminal offenders pay for the offenses against society). “It is not, however, every injury suffered by one prisoner at the hands of another that translates into constitutional liability for prison officials responsible for the victim’s safety.” Farmer, 511 U.S. at 831. Instead, to prove an Eighth Amendment violation based on prisoner-on-prisoner violence, an inmate must show that he is incarcerated under conditions posing a substantial risk of serious harm, and that prison officials disregarded that risk by failing to take reasonable measures to abate it. Id. at 833-34.
Plaintiffs claim they are not adequately protected from other prisoners, and that that inadequacy places them at a substantial
36

Case 3:13-cv-00326-WHB-JCG Document 850 Filed 12/31/19 Page 37 of 55
risk of serious harm from gang activity, assault, and violence. In support of this claim, Plaintiffs first argue that the security plan currently utilized by EMCF creates a systematic understaffing problem, which in turn, increases the probability that they will be subjected to prisoner-on-prisoner violence.
By way of background, EMCF is designed for indirect prisoner supervision, which means that security officers are not posted or working inside each prisoner living area (pod) at all times. Tr. Vol. 33, at 24. The staffing plan for the prison reflects that design. Id.; Tr. Vol. 31, at 47. The prison consists of six units, each of which is comprised of four pods. Tr. Vol. 31, at 48. Each pod contains prisoner cells and a common area. The pods and units are monitored by security guards called “floor officers”. Each unit also has an elevated “picket tower” that is situated in its center. The picket tower is manned at all times by a “picket officer”, who is able to see down into all of the pods in the unit, the hallways that connect the pods in the unit, and the hallway that connects the unit to the rest of the facility. Tr. Vol. 31, at 50. The picket officer also electronically controls access into and out of the prisoner cells, the pods in the unit, and the unit itself. Id. In addition to being monitored by floor officers and the picket officer, the pods/units as well as all other parts of the prison are monitored by cameras that feed into
37

Case 3:13-cv-00326-WHB-JCG Document 850 Filed 12/31/19 Page 38 of 55
“central control.” Id. at 49. The camera feeds are monitored by central control officers who can remotely move the position of cameras and “zoom in” or magnify images to assess particular activity. Id. at 48. Central control officers also have the ability to contact all security officers in the prison by radio. Id. at 48.
Plaintiffs argue that the staffing plan for indirect supervision at EMCF is inadequate to abate the risk of harm associated with prisoner-on-prisoner violence. This argument is supported by the testimony of their expert witness, Vail, who opined and testified that there should be at least one officer assigned to each pod during the first and second shifts in units housing minimum or medium security inmates, i.e. four floor officers (one in each pod) in these units during the specified shifts. Tr. Vol. 3, at 5. Vail also testified that there should be at least two officers assigned to each pod during the first and second shifts in units that house close custody and segregated inmates, i.e. eight floor officers (two in each pod) in these units during the specified shifts. Id. According to Vail, to be minimally acceptable, the first and second shift staffing plan would have to require the posting of (1) four mandatory floor officers in each of the minimum/medium security units, (2) eight mandatory floor officers in the close custody unit, and (3) five
38

Case 3:13-cv-00326-WHB-JCG Document 850 Filed 12/31/19 Page 39 of 55
mandatory floor officers in the segregation unit. See Vail Rep. [Docket No. 801], 9.
During his testimony, Vail acknowledged that he was not an expert in the area of prison staffing, and that he did not have any experience regarding the management of prisons, like EMCF, which utilize an indirect supervision system. Tr. Vol. 5, at 34. Vail also testified that he disagrees with the use of indirect prisoner supervision at EMCF and would prefer that a direct supervision plan (i.e. four to eight floor officers posted in each pod) be implemented.
The fact, however, that Vail believes that a direct supervision plan would be better at EMCF, does not render the currently used indirect supervision plan unconstitutional. See e.g. Green, 801 F.2d at 770 (“Expert recommendations do not create constitutional standards under the eighth amendment.”)(citations omitted). Additionally, the record shows that EMCF, including its staffing plan, received accreditation from the American Corrections Association (“ACA”) in 2015, and again in 2018. See Roth Supp. [Docket No. 812], at 14. Based on this accreditation, the Court finds that the decision by Defendants to continue using an indirect prisoner supervision system at EMCF, as opposed to the direct supervision system advocated by Vail, does not show that they acted with deliberate indifference to a substantial risk of
39

Case 3:13-cv-00326-WHB-JCG Document 850 Filed 12/31/19 Page 40 of 55
harm posed by the manner in which EMCF is staffed. See e.g. Street v. Corrections Corp. of Am., 102 F.3d 810, 817 (6th Cir. 1996)(finding that even if the prisoner’s claim of understaffing was true, there was no showing of deliberate indifference as the prison staffing levels were “consistent with the ... American Corrections Association.”).
Second, Plaintiffs argue that even if the indirect prisoner supervision system used by EMCF is adequate, Defendants have acted with deliberate indifference to their safety by failing to appropriately staff that plan. In support of this argument Plaintiffs cite to evidence that shows that one or more mandatory staffing positions at the prison was unfilled approximately thirty percent of the time as recently as August of 2018. See Vail Supp. [Docket No. 801], at 12. In response, Warden Shaw testified that there are times when staff members who have been scheduled to work mandatory positions inform the prison that they will not be coming to work or fail to appear as scheduled. Tr. Vol. 31, at 44. Shaw also testified that the prison has made multiple changes to ensure that all mandatory staff positions are filled. First, the prison has increased the staffing level from 136 to 177 correctional officers. Id. Second, EMCF has created a list of corrections officers who can be called by the shift commander and are required to report to duty to fill mandatory positions. Id. Third, the
40

Case 3:13-cv-00326-WHB-JCG Document 850 Filed 12/31/19 Page 41 of 55
prison has a system whereby correctional officers who are assigned to nonmandatory posts can be reassigned to mandatory posts. Id. at 46.
In sum, the Court finds that Plaintiffs have not shown that they, as a class, are at a substantial risk of harm based on the indirect prisoner supervision system used at EMCF. The evidence likewise does not show that Defendants have acted with deliberate indifference to the risk of prisoner-on-prisoner violence either by utilizing the indirect prisoner supervision system, or by failing to fill mandatory staffing positions. Judgement will be granted to Defendants on Plaintiffs’ Eight Amendment protection from harm claim.
F. Claim Six - Environmental Conditions The Eighth Amendment requires that “inmates be furnished with
... basic human needs, one of which is reasonable safety.” Deshay v. Winnebago Cnty. Dept. of Social Servs., 489 U.S. 189, 200 (1989). Thus, “[i]t is cruel and unusual punishment to hold convicted criminals in unsafe conditions.” Helling v. McKinney, 509 U.S. 25, 33 (1993)(internal citations omitted). The United States Court of Appeals for the Fifth Circuit has long recognized that environmental prison conditions can violate the Eighth Amendment in cases in which those conditions “present a grave and
41

Case 3:13-cv-00326-WHB-JCG Document 850 Filed 12/31/19 Page 42 of 55
immediate threat to health or physical well-being.” See Campbell v. Beto, 460 F.2d 765, 768 (5th Cir. 1972). The Constitution, however, “does not require that prisoners, as individuals or groups, be provided with any amenity which some person may think is needed to avoid mental, physical, and emotional deterioration.” Newman v. State of Al., 559 F.2d 283, 291 (5th Cir. 1977). To succeed on a conditions-of-confinement claim, prisoners must show there was an “extreme deprivation” of one or more of the “minimal civilized measures of life’s necessities.” Davis v. Scott, 157 F.3d 1003, 1006 (5th Cir. 1998)(quoting Wilson, 501 U.S. at 304). Absent such showing, an Eighth Amendment violation will not be sustained.
Plaintiffs argue that their right to a safe prison environment has been violated in three ways. First, Plaintiffs argue that lighting in the prison is deficient, and that that deficiency substantially increases both the risk of their being injured and/or assaulted, and the risk that their mental health will decline. In support of this argument, Plaintiffs cite opinions and testimony offered by their environmental expert, Diane Skipworth (“Skipworth”). During the course of her inspections, Skipworth measured the light levels of thirty-eight fixtures atEMCF and found them to be below standards adopted by the American Public Health Association (“APHA”) for correctional institutions.
42

Case 3:13-cv-00326-WHB-JCG Document 850 Filed 12/31/19 Page 43 of 55
As to Skipworth’s opinions, the record shows that the APHA is a non-profit organization that recommends standards to address health care concerns in prison. Tr. Vol. 11, at 18. The standards recommended by the APHA are not mandated by any federal or state law/agency. Id. Although Skipworth found lighting levels to be below APHA standards, her testimony does not show that there was a constitutional violation. See e.g. Green, 801 F.2d at 770 (“Expert recommendations do not create constitutional standards under the eighth amendment.”)(citations omitted). Additionally, because Skipworth only tested a small fraction of the fixtures at the prison, the Court finds her testimony would not establish that light levels are deficient throughout the facility, or that all prisoners, as a class, are subjected to allegedly deficient lighting.
Assuming, arguendo, that light levels at EMCF resulted in a constitutional violation, the Court next considers whether EMCF was deliberately indifferent to that condition. Evidence at trial established that most of the lighting problems at EMCF are attributable to prisoners who damage the light fixtures. Maintenance records show that damage lighting fixtures are routinely repaired. Tr. Vol. 11, a 21. Although Skipworth testified that, in her opinion, it sometimes took “a significant amount of time” to effectuate requested repairs, she did not have
43

Case 3:13-cv-00326-WHB-JCG Document 850 Filed 12/31/19 Page 44 of 55
any knowledge regarding the frequency of repair requests made at the prison, or the repairs themselves. Id. Additionally, evidence showed that EMCF was in the process of installing alternate light fixtures that would be less susceptible to tampering or destruction by prisoners. Thus, having heard the evidence, the Court concludes that Plaintiffs have not shown either that they have been denied safe prison condition based on the lighting at the prison, or that Defendants have acted with deliberate indifference to the risks of harm associated with light levels.
Next, Plaintiffs argue that the failure of EMCF to maintain adequate fire protection and ventilation has resulted in constitutionally unsafe conditions, and places them at a substantial risk of physical and mental health problems. In support of this claim, Skipworth testified that during her tour of the facility, she witnessed evidence of prisoner-started fires including, soot, ash, and smoke marks in both cells and common areas of the prison. Tr. Vol. 10, at 58. Skipworth also testified that ventilation at the prison was impaired because prisoners would block intake and outflow air ducts with foreign objects.
The record clearly demonstrates the existence of prisonerstarted fires at EMCF. The record also shows, however, that EMCF has taken several steps to address the risks associated with this
44

Case 3:13-cv-00326-WHB-JCG Document 850 Filed 12/31/19 Page 45 of 55
problem. Warden Shaw testified that the food tray slots on cell doors are now locked when not in use thereby preventing prisoners from throwing burning materials into the hallways and common areas of the units. Tr. Vol. 30, at 57. EMCF also installed a new ventilation system to more quickly remove smoke generated by fires and has employed a certified technician who routinely inspects and repairs the ventilation system. Id. Having heard the evidence, the Court concludes that even if the smoke generated from prisonerstarted fires had created unsafe condition of confinement, Plaintiffs have not shown that Defendants have acted with deliberate indifference to the risks caused by that condition.
Finally, Plaintiffs argue that they are at a substantial risk of physical and mental harm from other environmental conditions at EMCF including faulty plumbing, vermin, and general prison conditions. In support of this claim, Plaintiffs cite to photographs that were taken in different areas of the prison before the lawsuit was filed. These photographs show, inter alia, broken and/or over-flowing plumbing fixtures, smoke and soot residue in cells and hallways, broken light fixtures, and general neglect and decay. Plaintiffs also cite their own testimony regarding conditions at the prison.
During the course of trial, the Court toured the prison and found that the then-existing environmental conditions were in
45

Case 3:13-cv-00326-WHB-JCG Document 850 Filed 12/31/19 Page 46 of 55
stark contrast to those depicted in the pre-lawsuit photographs. During its inspection, the Court found no evidence of the environmental problems either depicted in the subject photographs or described by the prisoners who testified at trial. The evidence also showed that prison officials have entered contracts by which twice-monthly pest control services are performed at the prison. Tr. Vol. 31, at 70. The kitchen is cleaned each evening and undergoes weekly sanitation inspections. Tr. Vol. 32, at 86. Additionally, some prisoners are assigned to the cleaning staff, and are provided protective clothing and cleaning supplies and receive training as to the proper use of the equipment/supplies.
In sum, the environmental conditions existing at EMCF in the past may have been intolerable. Those conditions have changed. The Court concludes, based on the evidence presented by the parties and its own observations, that Plaintiffs have not shown that the environmental conditions currently existing at EMCF are so unsanitary or unsafe that they either violate their constitutional right to humane housing conditions or place them at substantial risks of serious harm. The Court also concludes that Plaintiffs have not shown that Defendants have acted with deliberate indifference to the risks of harm associated with housing prisoners in unsanitary or unsafe facilities. Judgment will be granted to Defendants on Plaintiffs’ Eighth Amendment environmental claims.
46

Case 3:13-cv-00326-WHB-JCG Document 850 Filed 12/31/19 Page 47 of 55
G. Claim Seven - Adequate Nutrition The Eighth Amendment requires that inmates be provided
“‘well-balanced meal[s], containing sufficient nutritional value to preserve health.’” Green v. Ferrell, 801 F.2d 765, 770 (5th Cir. 1986). See also Eason v. Thaler, 73 F.3d 1322, 1327 (5th Cir. 1996)(“To comply with the Constitution, inmates must receive ‘reasonably adequate’ food.”). “The deprivation of food constitutes cruel and unusual punishment only if it denies a prisoner the ‘minimal civilized measure of life’s necessities.’” Talib v. Gilley, 138 F.3d 211, 214 n.3 (quoting Wilson, 501 U.S. at 298). “Whether the deprivation of food falls below this threshold depends on the amount and duration of the deprivation.” Id. Plaintiffs argue that their Eighth Amendment right to adequate nutrition has been violated in three ways.
First, Plaintiffs argue that the meals they are served (1) deviate from the dietician-approved menus for the prison, and (2) contain “significantly less nutritious foods” than provided by those menus. In support of this claim, Plaintiffs cite the report their expert dietician, Diane Skipworth (“Skipworth”), who opined: “[I]t appears that EMCF does not adhere to the dietician-approved menu, placing prisoners at risk of under-nutrition, weight loss, and malnutrition caused by an inadequate intake of vitamins and
47

Case 3:13-cv-00326-WHB-JCG Document 850 Filed 12/31/19 Page 48 of 55
minerals.” Pls.’ Post Trial Brief [Docket No. 836] Ex. 81,
Skipworth Report, 13.
The record does show, and so the Court finds, that prisoners
at EMCF were, at times, served food that differed from that listed
on the daily menu. There was no evidence, however, regarding the
nutritional impact of those substitutions. For example, when
asked in her opinion as a nutritionist, “[H]ow significant were
the discrepancies ... between the posted menus and the [meals]
that were served?”, Skipworth testified:
It’s extremely important for a facility to adhere to the dietician-approved menu. That’s not to say that substitutions won’t and can’t occur, but the kitchen needs to take steps to ensure that if a substitution is made, it’s equally nutritious... There are... times when substitutions will occur, but adhering to the dietician’s menu plan is extremely important, especially in an environment like a prison where the prisoners don’t have other options for meals. So they are reliant upon the nutrients and the calories and the protein provided by the facility meals to ensure their health and wellbeing.
Tr. Vol. 10 at 83. Similarly, in her expert report, Skipworth
details substitutions that were made to several dietician-approved
menus at the prison, but does not detail the nutritional effects
of those substitutions. See 839, Ex. 81, 78-86. Based on the
lack of expert opinion or testimony, the Court finds Plaintiffs
have not shown that they had been served nutritionally-deficient
meals for any extended period of time while housed at EMCF. Thus,
48

Case 3:13-cv-00326-WHB-JCG Document 850 Filed 12/31/19 Page 49 of 55
having heard the evidence and arguments, the Court concludes that Plaintiffs have not shown that substitutions made to the dieticianapproved menus at EMCF resulted in inmates’ being either denied well-balanced, nutritionally sufficient meals, or being at a substantial risk of such denial.
Second, Plaintiffs claim they receive inadequate quantities of food because kitchen workers/servers are instructed to dilute food with water and/or decrease serving sizes. In support of this argument, Plaintiffs cite the testimony of Jimmie Brewer (“Brewer”), an inmate who worked as a cook and food server at EMCF until October of 2016. At trial, Brewer testified that he was instructed by a member of the kitchen staff, “Mrs. Taylor”, to add water while cooking meals, and to decrease serving sizes to insure there was enough food for all the inmates. Tr. Vol 11, 57-58. Later testimony showed that Mrs. Taylor no longer works in the kitchen at EMCF, and that Brewer had not worked in the kitchen for approximately two years before trial. Id. at 73.
There was no evidence, however, regarding the nutritional effect of the practices about which Brewer testified, or whether the amount of food received by inmates was insufficient to meet their daily nutritional needs. When asked directly whether the amount of food being served to inmates was inadequate, Skipworth testified that the focus of her expert opinions was not amount
49

Case 3:13-cv-00326-WHB-JCG Document 850 Filed 12/31/19 Page 50 of 55
but, rather, substitutions that were made to the dieticianapproved menus. For example, when asked: “[W]ould it be fair to say [that inmates] may be getting sufficient amounts of food to fulfill their dietary needs or they may not? You just don’t know one way or the other?” Trans 11, at 32. Skipworth responded: “I have major concerns based on what I saw ... My concern is the changes to the menu. But the changes that I saw ... are very concerning. But I don’t have the full amount of information I need to better formulate an opinion.” Id. As discussed above, there was no evidence regarding the nutritional effect of substitutions that were made to the dietician-approved menus.
The Court also notes that approximately twenty inmates testified at trial, and each complained about the quality and quantity of the food they are served. The Court observed that despite their complaints, the inmates who testified did not appear underweight and, indeed, most appeared to be somewhat overweight. The undersigned also saw the food that inmates would be served when he toured EMCF during trial. The food was no more nor less than that which would be expected to be prepared/served in a large institutional setting.
Having heard the evidence and arguments, the Court concludes that Plaintiffs have not shown that dilutions and/or decreases in serving sizes resulted in inmates’ being either denied well-
50

Case 3:13-cv-00326-WHB-JCG Document 850 Filed 12/31/19 Page 51 of 55
balanced, nutritionally sufficient meals, or being at a substantial risk of such denial.
Plaintiffs’ final adequate nutrition claim is that food is either improperly prepared or prepared using unsafe food handling procedures and in unsanitary conditions. As regards this claim, Plaintiffs cite the testimony of several inmates who testified they saw insects and vermin excrement in food storage/preparation areas at EMCF; had been asked to prepare food that appeared spoiled; and had been served under-cooked meat and unwashed produce. Tr. Vol. 11, 25-81.
The undersigned toured the food storage and preparations areas when he inspected the prison. During this tour, the undersigned was also apprised of the food preparation practices and procedures used at the prison. It was observed that the food storage and preparations areas were clean, and that food was prepared and distributed in a sanitary manner.
The evidence at trial showed that ECMC is under contract with an outside vendor to provide pest control services, and that those services are provided on a monthly basis. Trans. vol. 11, at 30. Although Skipworth testified that weekly pest control service is “recommended” for kitchen and food service areas, and that the “best practice for pest control” is “integrated pest management”, this testimony does not create constitutional standards. See e.g.
51

Case 3:13-cv-00326-WHB-JCG Document 850 Filed 12/31/19 Page 52 of 55
Green v. Farrell, 801 F.2d 765, 770 (5th Cir. 1986)(“Expert recommendations do not create constitutional standards under the eighth amendment)(citing Rhodes v. Chapman, 452 U.S. 337, 348 n.13 (1981)). The evidence also showed that the kitchen and food storage areas at EMCF generally received grades of “A” or “B” during annual inspections by the Mississippi Department of Health. Trans. vol. 11, at 38. Finally, there was no evidence that any inmate had become ill because of the food he was served, or the manner in which the food was stored and/or prepared. Id. at 31.
Having heard the evidence, the Court concludes that Plaintiffs have not shown they are being denied well-balanced, nutritionally sufficient meals based on the manner or environment in which those meals are prepared.
In sum, the Court finds Plaintiffs have not shown that the meals served at EMCF are calorically or nutritionally inadequate. The evidence likewise does not show either that the quantity and/or quality of food served to inmates has resulted in their being underweight, malnourished, or subject to food-born illnesses, or that they are at a substantial risk of such nutrition-related harms. Finally, the record does not show that Defendants have acted with deliberate indifference to the nutritional needs of prisoners at EMCF. Judgment will be granted to Defendants on Plaintiffs’ Eight Amendment adequate nutrition claim.
52

Case 3:13-cv-00326-WHB-JCG Document 850 Filed 12/31/19 Page 53 of 55
Conclusion In conclusion, The Court having granted judgment as to each claim by Plaintiffs hereby finally dismisses this case. However, the Court believes that some additional explanation will be helpful. This case was filed in May of 2013, after Plaintiffs’ attorneys had investigated this case, hired and consulted their expert witnesses and evaluated their prospects of a successful result. The pretrial phase of this litigation was long based on the multiple requests for extensions of time that were granted to each side during the discovery and pre-trial stages of this case, and the multiple complex matters that were raised and needed to be resolved by the Court for the case to proceed. As the case neared trial, the Court encouraged the parties to explore settlement possibilities. The attorneys met on multiple occasions with the magistrate judge to try to settle the case without success. A bench trial was held beginning in Spring of 2018. Following trial, the Court again allowed the parties to conduct discovery for the purpose of examining the current status in the prison, and to provide post-trial briefing detailing that status. During all of this time, the manner in which the prison was being operated did not remain stagnant. Instead, multiple changes were made at the prison that impacted staffing, physical and mental health care,
53

Case 3:13-cv-00326-WHB-JCG Document 850 Filed 12/31/19 Page 54 of 55
and environmental conditions. The prison that existed at the time of trial was not the same as the one that had existed when this lawsuit was filed.
The Court is of the belief that the bribery and kickbacks in which then-MDOC Commissioner Epps participated, including those that also involved Dr. Reddix whose company was providing medical and mental health care at EMCF, likely affected the quality of care that was being provided to prisoners as well as other conditions at that facility. After Epps’s illegal conduct came to light, multiple changes were made at EMCF including (1) the contracting with a new company for the provision health-care related services; (2) the creation of an in-house medical unit for the purpose of monitoring and treating acute mental health problems; and (3) the establishment of an in-house pharmacy to increase the ready availability medications. The prison also saw the hiring of a very experienced new warden, an increase in the number and availability of security staff throughout the facility, and the cleaning/repairing/improving of the prison. The changes made at the prison are evident from the record, and from the tour of the facility that was made during trial. The Court was surprised with respect to the cleanliness and condition of the prison in particular after seeing photographs of facility that were taken prior to the lawsuit’s having been filed before trial,
54

Case 3:13-cv-00326-WHB-JCG Document 850 Filed 12/31/19 Page 55 of 55
and hearing the anecdotal evidence presented by the prisoners who testified at trial.
It is not for the Court to speculate as to what the outcome of this case would have been if the conditions that existed at the prison when the lawsuit was filed continued to exist at the time of trial or thereafter. It is for the Court to say that after the lawsuit was filed and the administrative corruption was discovered, multiple changes were made at EMCF that directly pertain to Plaintiffs’ claims. While Plaintiffs and their expert witnesses argue that the environment and healthcare services at the prison could and should be better, those arguments do not establish that the conditions under which they are currently housed, as a class, are cruel and unusual. For this reason, the Court finds no bases for either declaring that the conditions at EMCF violate the Eighth Amendment or awarding injunctive relief to remedy existing constitutional violations.
For these reasons: IT IS THEREFORE ORDERED that judgment be entered in Defendants’ favor on all claims alleged by Plaintiffs in this case. SO ORDERED this the 31 day of December, 2019.
s/ William H. Barbour, Jr. UNITED STATES DISTRICT JUDGE
55

 
 Case: 3:13-cv-00326-WHB-JCG As of: 03/28/2019 03:52 PM CDT 1 of 136
JCG,TRIAL_SET
U.S. District Court Southern District of Mississippi (Northern (Jackson)) CIVIL DOCKET FOR CASE #: 3:13−cv−00326−WHB−JCG

Dockery et al v. Epps, et al Assigned to: District Judge William H. Barbour, Jr Referred to: Magistrate Judge John C. Gargiulo Cause: 42:1983 Prisoner Civil Rights
Plaintiff

Date Filed: 05/30/2013 Jury Demand: None Nature of Suit: 555 Prisoner Petitions − Prison Jurisdiction: Federal Question

Jermaine Dockery on behalf of themselves and all others similarly situated

represented by Anna Q, Han − PHV COVINGTON & BURLING, LLP − Washington, DC One CityCenter 850 10th Street N.W. Washington, DC 20001 202/662−5965 Fax: 202/662−6291 Email: ahan@cov.com LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED

Brendan Parets − PHV COVINGTON & BURLING, LLP − Washington, DC One CityCenter 850 10th Street N.W. Washington, DC 20001 202/662−5897 Fax: 202/778−5897 Email: bparets@cov.com TERMINATED: 04/27/2015 LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED

Carl Takei − PHV ACLU − NATIONAL PRISON PROJECT − Washington 915 15th St. NW, 7th Floor Washington, DC 20005 202/393−4930 Fax: 202/393−4931 Email: ctakei@aclu.org TERMINATED: 09/06/2018 LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED

Erin K. Monju − PHV COVINGTON & BURLING, LLP − New York 620 8th Avenue New York, NY 10018 212/841−1000 Fax: 212/841−1010 Email: emonju@cov.com LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED

Case: 3:13-cv-00326-WHB-JCG As of: 03/28/2019 03:52 PM CDT 2 of 136
Gretchen Ann Hoff Varner − PHV COVINGTON & BURLING, LLP − San Francisco One Front Street San Francisco, CA 94111 415/591−7056 Fax: 415/591−6091 Email: ghoffvarner@cov.com LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED
Jamelia Natasha Morgan − PHV AMERICAN CIVIL LIBERTIES UNION FOUNDATION−Washington, DC 915 15th Street, NW, 6th Floor Washington, DC 20005 202/715−0838 Fax: 202/393−4931 Email: jmorgan@aclu.org TERMINATED: 07/19/2017 LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED
Jennifer Wedekind − PHV ACLU − NATIONAL PRISON PROJECT − Washington 915 15th St. NW, 7th Floor Washington, DC 20005 202/548−6610 Fax: 202/393−4931 Email: jwedekind@aclu.org LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED
Jody E. Owens , II SOUTHERN POVERTY LAW CENTER − Jackson 111 East Capitol Street, Suite 280 Jackson, MS 39201 601/948−8882 Fax: 601/948−8885 Email: jody.owens@splcenter.org LEAD ATTORNEY ATTORNEY TO BE NOTICED
Mari K. Bonthuis − PHV COVINGTON & BURLING, LLP − New York 620 8th Avenue New York, NY 10018 212/841−1054 Fax: 212/841−1010 Email: mbonthuis@cov.com (Inactive) TERMINATED: 08/01/2016 LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED
Mark P. Gimbel − PHV COVINGTON & BURLING, LLP − New York 620 8th Avenue New York, NY 10018 212/841−1000

Case: 3:13-cv-00326-WHB-JCG As of: 03/28/2019 03:52 PM CDT 3 of 136
Fax: 212/841−1010 Email: mbonthuis@cov.com (Inactive) LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED
Ravi Doshi − PHV COVINGTON & BURLING, LLP − Washington, DC One CityCenter 850 10th Street N.W. Washington, DC 20001 202/662−5620 Fax: 202/778−5620 Email: rdoshi@cov.com LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED
Rekha Elaine Arulanantham − PHV ACLU − NATIONAL PRISON PROJECT − Washington 915 15th St. NW, 7th Floor Washington, DC 20005 202/548−6607 Fax: 202/393−4931 Email: rarulanantham@aclu.org TERMINATED: 09/06/2018 LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED
Swati Prakash − PHV COVINGTON & BURLING, LLP − New York 620 8th Avenue New York, NY 10018 212/841−1000 Fax: 212/841−1010 Email: sprakash@cov.com TERMINATED: 01/22/2018 LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED
Xinping Zhu − PHV COVINGTON & BURLING, LLP − New York 620 8th Avenue New York, NY 10018 212/841−1000 Fax: 212/841−1010 Email: xzhu@cov.com TERMINATED: 01/22/2018 LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED
Ajmel Quereshi − PHV NATIONAL PRISON PROJECT OF THE ACLU 915 15th Street, NW, 7th Floor Washington, DC 20005 202/715−0838 Fax: 202/393−4931 Email: aquereshi@npp−aclu.org TERMINATED: 04/27/2015

Case: 3:13-cv-00326-WHB-JCG As of: 03/28/2019 03:52 PM CDT 4 of 136
PRO HAC VICE ATTORNEY TO BE NOTICED
Benjamin R. Salk − PHV SOUTHERN POVERTY LAW CENTER − Jackson 111 East Capitol Street, Suite 280 Jackson, MS 39201 769/524−2741 Email: benjamin.salk@splcenter.org PRO HAC VICE ATTORNEY TO BE NOTICED
Chelsea K. Caveny SOUTHERN POVERTY LAW CENTER − Jackson 111 East Capitol Street, Suite 280 Jackson, MS 39201 601/948−8882 Fax: 601/948−8885 Email: chelsea.caveny@splcenter.org TERMINATED: 07/27/2018 ATTORNEY TO BE NOTICED
Elissa F. Johnson SOUTHERN POVERTY LAW CENTER − Jackson 111 East Capitol Street, Suite 280 Jackson, MS 39201 601/948−8882 Email: elissa.johnson@splcenter.org ATTORNEY TO BE NOTICED
Elizabeth Alexander − PHV LAW OFFICES OF ELIZABETH ALEXANDER 1416 Holly St., NW Washington, DC 20012 202/291−3774 Fax: 202/291−3774 Email: ealexander@lawofficesofelizabethalexander.com PRO HAC VICE ATTORNEY TO BE NOTICED
Eric Gordon Balaban − PHV ACLU − NATIONAL PRISON PROJECT − Washington 915 15th St. NW, 7th Floor Washington, DC 20005 202/548−6612 Fax: 202/393−4931 Email: ebalaban@aclu.org PRO HAC VICE ATTORNEY TO BE NOTICED
Gabriel B. Eber − PHV NATIONAL PRISON PROJECT OF THE ACLU 915 15th Street, NW, 7th Floor Washington, DC 20005 202/548−6601 Fax: 202/393−4931 Email: geber@aclu.org PRO HAC VICE ATTORNEY TO BE NOTICED

Case: 3:13-cv-00326-WHB-JCG As of: 03/28/2019 03:52 PM CDT 5 of 136

Plaintiff
David Thompson on behalf of themselves and all others similarly situated TERMINATED: 10/29/2014

Margaret Winter − PHV NATIONAL PRISON PROJECT OF THE ACLU 915 15th Street, NW, 7th Floor Washington, DC 20005 202/393−4930 Fax: 202/393−4931 Email: winter.margaret@gmail.com TERMINATED: 05/01/2018 PRO HAC VICE ATTORNEY TO BE NOTICED
Sarah D. Bidinger SOUTHERN POVERTY LAW CENTER − Jackson 111 East Capitol Street, Suite 280 Jackson, MS 39201 601/345−7578 Email: sarah.bidinger@gmail.com (Inactive) TERMINATED: 05/01/2018 ATTORNEY TO BE NOTICED
William B. Bardwell SOUTHERN POVERTY LAW CENTER − Jackson 111 East Capitol Street, Suite 280 Jackson, MS 39201 601/948−8882 Fax: 601/948−8885 Email: will.bardwell@splcenter.org ATTORNEY TO BE NOTICED
represented by Brendan Parets − PHV (See above for address) TERMINATED: 04/27/2015 LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED
Jody E. Owens , II (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Mari K. Bonthuis − PHV (See above for address) TERMINATED: 08/01/2016 LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED
Mark P. Gimbel − PHV (See above for address) LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED
Xinping Zhu − PHV (See above for address) TERMINATED: 01/22/2018 LEAD ATTORNEY PRO HAC VICE

Case: 3:13-cv-00326-WHB-JCG As of: 03/28/2019 03:52 PM CDT 6 of 136

ATTORNEY TO BE NOTICED

Ajmel Quereshi − PHV (See above for address) TERMINATED: 04/27/2015 PRO HAC VICE ATTORNEY TO BE NOTICED

Benjamin R. Salk − PHV (See above for address) PRO HAC VICE ATTORNEY TO BE NOTICED

Elissa F. Johnson (See above for address) TERMINATED: 09/10/2015 ATTORNEY TO BE NOTICED

Elizabeth Alexander − PHV (See above for address) PRO HAC VICE ATTORNEY TO BE NOTICED

Eric Gordon Balaban − PHV (See above for address) ATTORNEY TO BE NOTICED

Gabriel B. Eber − PHV (See above for address) PRO HAC VICE ATTORNEY TO BE NOTICED

Margaret Winter − PHV (See above for address) TERMINATED: 05/01/2018 PRO HAC VICE ATTORNEY TO BE NOTICED

Plaintiff
Jeffrey Covington on behalf of themselves and all others similarly situated

represented by Anna Q, Han − PHV (See above for address) LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED

Brendan Parets − PHV (See above for address) TERMINATED: 04/27/2015 LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED

Carl Takei − PHV (See above for address) TERMINATED: 09/06/2018 LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED

Erin K. Monju − PHV (See above for address) LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED

Case: 3:13-cv-00326-WHB-JCG As of: 03/28/2019 03:52 PM CDT 7 of 136
Gretchen Ann Hoff Varner − PHV (See above for address) LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED
Jamelia Natasha Morgan − PHV (See above for address) TERMINATED: 07/19/2017 LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED
Jennifer Wedekind − PHV (See above for address) LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED
Jody E. Owens , II (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Mari K. Bonthuis − PHV (See above for address) TERMINATED: 08/01/2016 LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED
Mark P. Gimbel − PHV (See above for address) LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED
Ravi Doshi − PHV (See above for address) TERMINATED: 08/03/2018 LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED
Rekha Elaine Arulanantham − PHV (See above for address) TERMINATED: 09/06/2018 LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED
Swati Prakash − PHV (See above for address) TERMINATED: 01/22/2018 LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED
Xinping Zhu − PHV (See above for address) TERMINATED: 01/22/2018 LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED

Case: 3:13-cv-00326-WHB-JCG As of: 03/28/2019 03:52 PM CDT 8 of 136

Plaintiff
Joseph Osborne on behalf of themselves and all others similarly situated

Ajmel Quereshi − PHV (See above for address) TERMINATED: 04/27/2015 PRO HAC VICE ATTORNEY TO BE NOTICED
Benjamin R. Salk − PHV (See above for address) PRO HAC VICE ATTORNEY TO BE NOTICED
Chelsea K. Caveny (See above for address) TERMINATED: 07/27/2018 ATTORNEY TO BE NOTICED
Elissa F. Johnson (See above for address) ATTORNEY TO BE NOTICED
Elizabeth Alexander − PHV (See above for address) PRO HAC VICE ATTORNEY TO BE NOTICED
Eric Gordon Balaban − PHV (See above for address) PRO HAC VICE ATTORNEY TO BE NOTICED
Gabriel B. Eber − PHV (See above for address) PRO HAC VICE ATTORNEY TO BE NOTICED
Margaret Winter − PHV (See above for address) TERMINATED: 05/01/2018 PRO HAC VICE ATTORNEY TO BE NOTICED
Sarah D. Bidinger (See above for address) TERMINATED: 05/01/2018 ATTORNEY TO BE NOTICED
William B. Bardwell (See above for address) ATTORNEY TO BE NOTICED
represented by Ajmel Quereshi − PHV (See above for address) TERMINATED: 04/27/2015 LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED
Anna Q, Han − PHV (See above for address) LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED

Case: 3:13-cv-00326-WHB-JCG As of: 03/28/2019 03:52 PM CDT 9 of 136
Brendan Parets − PHV (See above for address) TERMINATED: 04/27/2015 LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED
Carl Takei − PHV (See above for address) TERMINATED: 09/06/2018 LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED
Erin K. Monju − PHV (See above for address) LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED
Gretchen Ann Hoff Varner − PHV (See above for address) LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED
Jamelia Natasha Morgan − PHV (See above for address) TERMINATED: 07/19/2017 LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED
Jennifer Wedekind − PHV (See above for address) LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED
Margaret Winter − PHV (See above for address) TERMINATED: 05/01/2018 LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED
Mari K. Bonthuis − PHV (See above for address) TERMINATED: 08/01/2016 LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED
Mark P. Gimbel − PHV (See above for address) LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED
Ravi Doshi − PHV (See above for address) LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED

Case: 3:13-cv-00326-WHB-JCG As of: 03/28/2019 03:52 PM CDT 10 of 136

Plaintiff

Rekha Elaine Arulanantham − PHV (See above for address) TERMINATED: 09/06/2018 LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED
Swati Prakash − PHV (See above for address) TERMINATED: 01/22/2018 LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED
Xinping Zhu − PHV (See above for address) TERMINATED: 01/22/2018 LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED
Benjamin R. Salk − PHV (See above for address) PRO HAC VICE ATTORNEY TO BE NOTICED
Chelsea K. Caveny (See above for address) TERMINATED: 07/27/2018 ATTORNEY TO BE NOTICED
Elissa F. Johnson (See above for address) ATTORNEY TO BE NOTICED
Elizabeth Alexander − PHV (See above for address) PRO HAC VICE ATTORNEY TO BE NOTICED
Eric Gordon Balaban − PHV (See above for address) PRO HAC VICE ATTORNEY TO BE NOTICED
Gabriel B. Eber − PHV (See above for address) PRO HAC VICE ATTORNEY TO BE NOTICED
Jody E. Owens , II (See above for address) ATTORNEY TO BE NOTICED
Sarah D. Bidinger (See above for address) TERMINATED: 05/01/2018 ATTORNEY TO BE NOTICED
William B. Bardwell (See above for address) ATTORNEY TO BE NOTICED

Case: 3:13-cv-00326-WHB-JCG As of: 03/28/2019 03:52 PM CDT 11 of 136

Courtney Galloway on behalf of themselves and all others similarly situated TERMINATED: 10/29/2014

represented by Ajmel Quereshi − PHV (See above for address) TERMINATED: 04/27/2015 LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED

Brendan Parets − PHV (See above for address) TERMINATED: 04/27/2015 LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED

Jody E. Owens , II (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Mari K. Bonthuis − PHV (See above for address) TERMINATED: 08/01/2016 LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED

Mark P. Gimbel − PHV (See above for address) LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED

Xinping Zhu − PHV (See above for address) TERMINATED: 01/22/2018 LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED

Benjamin R. Salk − PHV (See above for address) PRO HAC VICE ATTORNEY TO BE NOTICED

Elissa F. Johnson (See above for address) TERMINATED: 09/10/2015 ATTORNEY TO BE NOTICED

Elizabeth Alexander − PHV (See above for address) PRO HAC VICE ATTORNEY TO BE NOTICED

Eric Gordon Balaban − PHV (See above for address) ATTORNEY TO BE NOTICED

Gabriel B. Eber − PHV (See above for address) PRO HAC VICE ATTORNEY TO BE NOTICED

Margaret Winter − PHV (See above for address)

Case: 3:13-cv-00326-WHB-JCG As of: 03/28/2019 03:52 PM CDT 12 of 136

TERMINATED: 05/01/2018 PRO HAC VICE ATTORNEY TO BE NOTICED

Plaintiff
Phillip Fredenburg on behalf of themselves and all others similarly situated

represented by Anna Q, Han − PHV (See above for address) LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED

Brendan Parets − PHV (See above for address) TERMINATED: 04/27/2015 LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED

Carl Takei − PHV (See above for address) TERMINATED: 09/06/2018 LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED

Erin K. Monju − PHV (See above for address) LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED

Gretchen Ann Hoff Varner − PHV (See above for address) LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED

Jamelia Natasha Morgan − PHV (See above for address) TERMINATED: 07/19/2017 LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED

Jennifer Wedekind − PHV (See above for address) LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED

Jody E. Owens , II (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Mari K. Bonthuis − PHV (See above for address) TERMINATED: 08/01/2016 LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED

Mark P. Gimbel − PHV (See above for address)

Case: 3:13-cv-00326-WHB-JCG As of: 03/28/2019 03:52 PM CDT 13 of 136
LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED
Ravi Doshi − PHV (See above for address) LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED
Rekha Elaine Arulanantham − PHV (See above for address) TERMINATED: 09/06/2018 LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED
Swati Prakash − PHV (See above for address) TERMINATED: 01/22/2018 LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED
Xinping Zhu − PHV (See above for address) TERMINATED: 01/22/2018 LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED
Ajmel Quereshi − PHV (See above for address) TERMINATED: 04/27/2015 PRO HAC VICE ATTORNEY TO BE NOTICED
Benjamin R. Salk − PHV (See above for address) PRO HAC VICE ATTORNEY TO BE NOTICED
Chelsea K. Caveny (See above for address) TERMINATED: 07/27/2018 ATTORNEY TO BE NOTICED
Elissa F. Johnson (See above for address) ATTORNEY TO BE NOTICED
Elizabeth Alexander − PHV (See above for address) PRO HAC VICE ATTORNEY TO BE NOTICED
Eric Gordon Balaban − PHV (See above for address) PRO HAC VICE ATTORNEY TO BE NOTICED
Gabriel B. Eber − PHV (See above for address) PRO HAC VICE ATTORNEY TO BE NOTICED

Case: 3:13-cv-00326-WHB-JCG As of: 03/28/2019 03:52 PM CDT 14 of 136

Plaintiff
John Barrett on behalf of themselves and all others similarly situated

Margaret Winter − PHV (See above for address) TERMINATED: 05/01/2018 PRO HAC VICE ATTORNEY TO BE NOTICED
Sarah D. Bidinger (See above for address) TERMINATED: 05/01/2018 ATTORNEY TO BE NOTICED
William B. Bardwell (See above for address) ATTORNEY TO BE NOTICED
represented by Anna Q, Han − PHV (See above for address) LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED
Brendan Parets − PHV (See above for address) TERMINATED: 04/27/2015 LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED
Carl Takei − PHV (See above for address) TERMINATED: 09/06/2018 LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED
Erin K. Monju − PHV (See above for address) LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED
Gretchen Ann Hoff Varner − PHV (See above for address) LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED
Jamelia Natasha Morgan − PHV (See above for address) TERMINATED: 07/19/2017 LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED
Jennifer Wedekind − PHV (See above for address) LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED
Jody E. Owens , II (See above for address)

Case: 3:13-cv-00326-WHB-JCG As of: 03/28/2019 03:52 PM CDT 15 of 136
LEAD ATTORNEY ATTORNEY TO BE NOTICED
Mari K. Bonthuis − PHV (See above for address) TERMINATED: 08/01/2016 LEAD ATTORNEY PRO HAC VICE
Mark P. Gimbel − PHV (See above for address) LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED
Ravi Doshi − PHV (See above for address) LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED
Rekha Elaine Arulanantham − PHV (See above for address) TERMINATED: 09/06/2018 LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED
Swati Prakash − PHV (See above for address) TERMINATED: 01/22/2018 LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED
Xinping Zhu − PHV (See above for address) TERMINATED: 01/22/2018 LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED
Ajmel Quereshi − PHV (See above for address) TERMINATED: 04/27/2015 PRO HAC VICE ATTORNEY TO BE NOTICED
Benjamin R. Salk − PHV (See above for address) PRO HAC VICE ATTORNEY TO BE NOTICED
Chelsea K. Caveny (See above for address) TERMINATED: 07/27/2018 ATTORNEY TO BE NOTICED
Elissa F. Johnson (See above for address) ATTORNEY TO BE NOTICED
Elizabeth Alexander − PHV (See above for address) PRO HAC VICE

Case: 3:13-cv-00326-WHB-JCG As of: 03/28/2019 03:52 PM CDT 16 of 136

ATTORNEY TO BE NOTICED

Eric Gordon Balaban − PHV (See above for address) PRO HAC VICE ATTORNEY TO BE NOTICED

Gabriel B. Eber − PHV (See above for address) PRO HAC VICE ATTORNEY TO BE NOTICED

Margaret Winter − PHV (See above for address) TERMINATED: 05/01/2018 PRO HAC VICE ATTORNEY TO BE NOTICED

Sarah D. Bidinger (See above for address) TERMINATED: 05/01/2018 ATTORNEY TO BE NOTICED

William B. Bardwell (See above for address) ATTORNEY TO BE NOTICED

Plaintiff
Tafforest Chandler on behalf of themselves and all others similarly situated TERMINATED: 10/29/2014

represented by Brendan Parets − PHV (See above for address) TERMINATED: 04/27/2015 LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED

Mari K. Bonthuis − PHV (See above for address) TERMINATED: 08/01/2016 LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED

Mark P. Gimbel − PHV (See above for address) LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED

Xinping Zhu − PHV (See above for address) TERMINATED: 01/22/2018 LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED

Ajmel Quereshi − PHV (See above for address) TERMINATED: 04/27/2015 PRO HAC VICE ATTORNEY TO BE NOTICED

Benjamin R. Salk − PHV (See above for address) PRO HAC VICE

Case: 3:13-cv-00326-WHB-JCG As of: 03/28/2019 03:52 PM CDT 17 of 136

ATTORNEY TO BE NOTICED

Elissa F. Johnson (See above for address) TERMINATED: 09/10/2015 ATTORNEY TO BE NOTICED

Elizabeth Alexander − PHV (See above for address) PRO HAC VICE ATTORNEY TO BE NOTICED

Eric Gordon Balaban − PHV (See above for address) ATTORNEY TO BE NOTICED

Gabriel B. Eber − PHV (See above for address) PRO HAC VICE ATTORNEY TO BE NOTICED

Jody E. Owens , II (See above for address) ATTORNEY TO BE NOTICED

Margaret Winter − PHV (See above for address) TERMINATED: 05/01/2018 PRO HAC VICE ATTORNEY TO BE NOTICED

Plaintiff
Derrick Hayes on behalf of themselves and all others similarly situated

represented by Anna Q, Han − PHV (See above for address) LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED

Brendan Parets − PHV (See above for address) TERMINATED: 04/27/2015 LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED

Carl Takei − PHV (See above for address) TERMINATED: 09/06/2018 LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED

Erin K. Monju − PHV (See above for address) LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED

Gretchen Ann Hoff Varner − PHV (See above for address) LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED

Case: 3:13-cv-00326-WHB-JCG As of: 03/28/2019 03:52 PM CDT 18 of 136
Jamelia Natasha Morgan − PHV (See above for address) TERMINATED: 07/19/2017 LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED
Jennifer Wedekind − PHV (See above for address) LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED
Jody E. Owens , II (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Mari K. Bonthuis − PHV (See above for address) TERMINATED: 08/01/2016 LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED
Mark P. Gimbel − PHV (See above for address) LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED
Ravi Doshi − PHV (See above for address) LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED
Rekha Elaine Arulanantham − PHV (See above for address) TERMINATED: 09/06/2018 LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED
Swati Prakash − PHV (See above for address) TERMINATED: 01/22/2018 LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED
Xinping Zhu − PHV (See above for address) TERMINATED: 01/22/2018 LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED
Ajmel Quereshi − PHV (See above for address) TERMINATED: 04/27/2015 PRO HAC VICE ATTORNEY TO BE NOTICED
Benjamin R. Salk − PHV

Case: 3:13-cv-00326-WHB-JCG As of: 03/28/2019 03:52 PM CDT 19 of 136

(See above for address) PRO HAC VICE ATTORNEY TO BE NOTICED

Chelsea K. Caveny (See above for address) TERMINATED: 07/27/2018 ATTORNEY TO BE NOTICED

Elissa F. Johnson (See above for address) ATTORNEY TO BE NOTICED

Elizabeth Alexander − PHV (See above for address) PRO HAC VICE ATTORNEY TO BE NOTICED

Eric Gordon Balaban − PHV (See above for address) PRO HAC VICE ATTORNEY TO BE NOTICED

Gabriel B. Eber − PHV (See above for address) PRO HAC VICE ATTORNEY TO BE NOTICED

Margaret Winter − PHV (See above for address) TERMINATED: 05/01/2018 PRO HAC VICE ATTORNEY TO BE NOTICED

Sarah D. Bidinger (See above for address) TERMINATED: 05/01/2018 ATTORNEY TO BE NOTICED

William B. Bardwell (See above for address) ATTORNEY TO BE NOTICED

Plaintiff
Eric Ward on behalf of themselves and all others similarly situated TERMINATED: 08/19/2013

represented by Eric Ward MSP 29G Bed 151 P. O. Box 1057 Parchman, MS 38738 PRO SE

Jody E. Owens , II (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Ajmel Quereshi − PHV (See above for address) TERMINATED: 04/27/2015 PRO HAC VICE ATTORNEY TO BE NOTICED

Elissa F. Johnson (See above for address) TERMINATED: 09/10/2015

Case: 3:13-cv-00326-WHB-JCG As of: 03/28/2019 03:52 PM CDT 20 of 136

ATTORNEY TO BE NOTICED

Elizabeth Alexander − PHV (See above for address) PRO HAC VICE ATTORNEY TO BE NOTICED

Eric Gordon Balaban − PHV (See above for address) ATTORNEY TO BE NOTICED

Gabriel B. Eber − PHV (See above for address) PRO HAC VICE ATTORNEY TO BE NOTICED

Margaret Winter − PHV (See above for address) TERMINATED: 05/01/2018 PRO HAC VICE ATTORNEY TO BE NOTICED

Plaintiff
Christopher Lindsey on behalf of themselves and all others similarly situated TERMINATED: 10/29/2014

represented by Brendan Parets − PHV (See above for address) TERMINATED: 04/27/2015 LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED

Jody E. Owens , II (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Margaret Winter − PHV (See above for address) TERMINATED: 05/01/2018 LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED

Mari K. Bonthuis − PHV (See above for address) TERMINATED: 08/01/2016 LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED

Mark P. Gimbel − PHV (See above for address) LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED

Xinping Zhu − PHV (See above for address) TERMINATED: 01/22/2018 LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED

Ajmel Quereshi − PHV (See above for address)

Case: 3:13-cv-00326-WHB-JCG As of: 03/28/2019 03:52 PM CDT 21 of 136

TERMINATED: 04/27/2015 PRO HAC VICE ATTORNEY TO BE NOTICED

Benjamin R. Salk − PHV (See above for address) PRO HAC VICE ATTORNEY TO BE NOTICED

Elissa F. Johnson (See above for address) TERMINATED: 09/10/2015 ATTORNEY TO BE NOTICED

Elizabeth Alexander − PHV (See above for address) PRO HAC VICE ATTORNEY TO BE NOTICED

Eric Gordon Balaban − PHV (See above for address) ATTORNEY TO BE NOTICED

Gabriel B. Eber − PHV (See above for address) PRO HAC VICE ATTORNEY TO BE NOTICED

Plaintiff
Dexter Campbell on behalf of themselves and all others similarly situated TERMINATED: 10/14/2014

represented by Brendan Parets − PHV (See above for address) TERMINATED: 04/27/2015 LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED

Jody E. Owens , II (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Mari K. Bonthuis − PHV (See above for address) TERMINATED: 08/01/2016 LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED

Mark P. Gimbel − PHV (See above for address) LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED

Xinping Zhu − PHV (See above for address) TERMINATED: 01/22/2018 LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED

Ajmel Quereshi − PHV (See above for address) TERMINATED: 04/27/2015

Case: 3:13-cv-00326-WHB-JCG As of: 03/28/2019 03:52 PM CDT 22 of 136

PRO HAC VICE ATTORNEY TO BE NOTICED

Elissa F. Johnson (See above for address) TERMINATED: 09/10/2015 ATTORNEY TO BE NOTICED

Elizabeth Alexander − PHV (See above for address) PRO HAC VICE ATTORNEY TO BE NOTICED

Eric Gordon Balaban − PHV (See above for address) ATTORNEY TO BE NOTICED

Gabriel B. Eber − PHV (See above for address) PRO HAC VICE ATTORNEY TO BE NOTICED

Margaret Winter − PHV (See above for address) TERMINATED: 05/01/2018 PRO HAC VICE ATTORNEY TO BE NOTICED

Plaintiff
Alvin Luckett on behalf of themselves and all others similarly situated

represented by Anna Q, Han − PHV (See above for address) LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED

Brendan Parets − PHV (See above for address) TERMINATED: 04/27/2015 LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED

Carl Takei − PHV (See above for address) TERMINATED: 09/06/2018 LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED

Erin K. Monju − PHV (See above for address) LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED

Gretchen Ann Hoff Varner − PHV (See above for address) LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED

Jamelia Natasha Morgan − PHV (See above for address) TERMINATED: 07/19/2017

Case: 3:13-cv-00326-WHB-JCG As of: 03/28/2019 03:52 PM CDT 23 of 136
LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED
Jennifer Wedekind − PHV (See above for address) LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED
Jody E. Owens , II (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Margaret Winter − PHV (See above for address) TERMINATED: 05/01/2018 LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED
Mari K. Bonthuis − PHV (See above for address) TERMINATED: 08/01/2016 LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED
Mark P. Gimbel − PHV (See above for address) LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED
Ravi Doshi − PHV (See above for address) LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED
Rekha Elaine Arulanantham − PHV (See above for address) TERMINATED: 09/06/2018 LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED
Swati Prakash − PHV (See above for address) TERMINATED: 01/22/2018 LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED
Xinping Zhu − PHV (See above for address) TERMINATED: 01/22/2018 LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED
Ajmel Quereshi − PHV (See above for address) TERMINATED: 04/27/2015

Case: 3:13-cv-00326-WHB-JCG As of: 03/28/2019 03:52 PM CDT 24 of 136

PRO HAC VICE ATTORNEY TO BE NOTICED

Benjamin R. Salk − PHV (See above for address) PRO HAC VICE ATTORNEY TO BE NOTICED

Chelsea K. Caveny (See above for address) TERMINATED: 07/27/2018 ATTORNEY TO BE NOTICED

Elissa F. Johnson (See above for address) TERMINATED: 09/10/2015 ATTORNEY TO BE NOTICED

Elizabeth Alexander − PHV (See above for address) PRO HAC VICE ATTORNEY TO BE NOTICED

Eric Gordon Balaban − PHV (See above for address) PRO HAC VICE ATTORNEY TO BE NOTICED

Gabriel B. Eber − PHV (See above for address) PRO HAC VICE ATTORNEY TO BE NOTICED

Sarah D. Bidinger (See above for address) TERMINATED: 05/01/2018 ATTORNEY TO BE NOTICED

William B. Bardwell (See above for address) ATTORNEY TO BE NOTICED

Plaintiff
James Vann on behalf of themselves and all others similarly situated

represented by Anna Q, Han − PHV (See above for address) LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED

Brendan Parets − PHV (See above for address) TERMINATED: 04/27/2015 LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED

Carl Takei − PHV (See above for address) TERMINATED: 09/06/2018 LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED

Erin K. Monju − PHV

Case: 3:13-cv-00326-WHB-JCG As of: 03/28/2019 03:52 PM CDT 25 of 136
(See above for address) LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED
Gretchen Ann Hoff Varner − PHV (See above for address) LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED
Jamelia Natasha Morgan − PHV (See above for address) TERMINATED: 07/19/2017 LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED
Jennifer Wedekind − PHV (See above for address) LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED
Jody E. Owens , II (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Mari K. Bonthuis − PHV (See above for address) TERMINATED: 08/01/2016 LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED
Mark P. Gimbel − PHV (See above for address) LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED
Ravi Doshi − PHV (See above for address) LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED
Rekha Elaine Arulanantham − PHV (See above for address) TERMINATED: 09/06/2018 LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED
Swati Prakash − PHV (See above for address) TERMINATED: 01/22/2018 LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED
Xinping Zhu − PHV (See above for address) TERMINATED: 01/22/2018

Case: 3:13-cv-00326-WHB-JCG As of: 03/28/2019 03:52 PM CDT 26 of 136

LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED

Ajmel Quereshi − PHV (See above for address) TERMINATED: 04/27/2015 PRO HAC VICE ATTORNEY TO BE NOTICED

Benjamin R. Salk − PHV (See above for address) PRO HAC VICE ATTORNEY TO BE NOTICED

Chelsea K. Caveny (See above for address) TERMINATED: 07/27/2018 ATTORNEY TO BE NOTICED

Elissa F. Johnson (See above for address) ATTORNEY TO BE NOTICED

Elizabeth Alexander − PHV (See above for address) PRO HAC VICE ATTORNEY TO BE NOTICED

Eric Gordon Balaban − PHV (See above for address) PRO HAC VICE ATTORNEY TO BE NOTICED

Gabriel B. Eber − PHV (See above for address) PRO HAC VICE ATTORNEY TO BE NOTICED

Margaret Winter − PHV (See above for address) TERMINATED: 05/01/2018 PRO HAC VICE ATTORNEY TO BE NOTICED

Sarah D. Bidinger (See above for address) TERMINATED: 05/01/2018 ATTORNEY TO BE NOTICED

William B. Bardwell (See above for address) ATTORNEY TO BE NOTICED

Plaintiff
Benjamin McAbee on behalf of themselves and all others similarly situated TERMINATED: 10/29/2014

represented by Brendan Parets − PHV (See above for address) TERMINATED: 04/27/2015 LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED

Jody E. Owens , II (See above for address)

Case: 3:13-cv-00326-WHB-JCG As of: 03/28/2019 03:52 PM CDT 27 of 136

LEAD ATTORNEY ATTORNEY TO BE NOTICED

Mari K. Bonthuis − PHV (See above for address) TERMINATED: 08/01/2016 LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED

Mark P. Gimbel − PHV (See above for address) LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED

Xinping Zhu − PHV (See above for address) TERMINATED: 01/22/2018 LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED

Ajmel Quereshi − PHV (See above for address) TERMINATED: 04/27/2015 PRO HAC VICE ATTORNEY TO BE NOTICED

Benjamin R. Salk − PHV (See above for address) PRO HAC VICE ATTORNEY TO BE NOTICED

Elissa F. Johnson (See above for address) TERMINATED: 09/10/2015 ATTORNEY TO BE NOTICED

Elizabeth Alexander − PHV (See above for address) PRO HAC VICE ATTORNEY TO BE NOTICED

Eric Gordon Balaban − PHV (See above for address) ATTORNEY TO BE NOTICED

Gabriel B. Eber − PHV (See above for address) PRO HAC VICE ATTORNEY TO BE NOTICED

Margaret Winter − PHV (See above for address) TERMINATED: 05/01/2018 PRO HAC VICE ATTORNEY TO BE NOTICED

Plaintiff
Anthony Evans on behalf of themselves and all others similarly situated TERMINATED: 10/29/2014

represented by Brendan Parets − PHV (See above for address) TERMINATED: 04/27/2015 LEAD ATTORNEY

Case: 3:13-cv-00326-WHB-JCG As of: 03/28/2019 03:52 PM CDT 28 of 136
PRO HAC VICE ATTORNEY TO BE NOTICED
Jody E. Owens , II (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Mari K. Bonthuis − PHV (See above for address) TERMINATED: 08/01/2016 LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED
Mark P. Gimbel − PHV (See above for address) LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED
Xinping Zhu − PHV (See above for address) TERMINATED: 01/22/2018 LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED
Ajmel Quereshi − PHV (See above for address) TERMINATED: 04/27/2015 PRO HAC VICE ATTORNEY TO BE NOTICED
Benjamin R. Salk − PHV (See above for address) PRO HAC VICE ATTORNEY TO BE NOTICED
Elissa F. Johnson (See above for address) TERMINATED: 09/10/2015 ATTORNEY TO BE NOTICED
Elizabeth Alexander − PHV (See above for address) PRO HAC VICE ATTORNEY TO BE NOTICED
Eric Gordon Balaban − PHV (See above for address) ATTORNEY TO BE NOTICED
Gabriel B. Eber − PHV (See above for address) PRO HAC VICE ATTORNEY TO BE NOTICED
Margaret Winter − PHV (See above for address) TERMINATED: 05/01/2018 PRO HAC VICE ATTORNEY TO BE NOTICED

Case: 3:13-cv-00326-WHB-JCG As of: 03/28/2019 03:52 PM CDT 29 of 136

V. Intervenor Plaintiff Michael Combs

represented by Erin K. Monju − PHV (See above for address) LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED
Gretchen Ann Hoff Varner − PHV (See above for address) LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED
Jennifer Wedekind − PHV (See above for address) LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED
Jody E. Owens , II (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Ravi Doshi − PHV (See above for address) LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED
Rekha Elaine Arulanantham − PHV (See above for address) TERMINATED: 09/06/2018 LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED
Swati Prakash − PHV (See above for address) TERMINATED: 01/22/2018 LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED
Ajmel Quereshi − PHV (See above for address) TERMINATED: 04/27/2015 ATTORNEY TO BE NOTICED
Anna Q, Han − PHV (See above for address) ATTORNEY TO BE NOTICED
Benjamin R. Salk − PHV (See above for address) PRO HAC VICE ATTORNEY TO BE NOTICED
Carl Takei − PHV (See above for address) TERMINATED: 09/06/2018 ATTORNEY TO BE NOTICED

Case: 3:13-cv-00326-WHB-JCG As of: 03/28/2019 03:52 PM CDT 30 of 136

Intervenor Plaintiff Eddie Pugh

Chelsea K. Caveny (See above for address) TERMINATED: 07/27/2018 ATTORNEY TO BE NOTICED
Elissa F. Johnson (See above for address) ATTORNEY TO BE NOTICED
Eric Gordon Balaban − PHV (See above for address) PRO HAC VICE ATTORNEY TO BE NOTICED
Gabriel B. Eber − PHV (See above for address) ATTORNEY TO BE NOTICED
Sarah D. Bidinger (See above for address) TERMINATED: 05/01/2018 ATTORNEY TO BE NOTICED
William B. Bardwell (See above for address) ATTORNEY TO BE NOTICED
represented by Erin K. Monju − PHV (See above for address) LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED
Gretchen Ann Hoff Varner − PHV (See above for address) LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED
Jennifer Wedekind − PHV (See above for address) LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED
Jody E. Owens , II (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Ravi Doshi − PHV (See above for address) LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED
Rekha Elaine Arulanantham − PHV (See above for address) TERMINATED: 09/06/2018 LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED

Case: 3:13-cv-00326-WHB-JCG As of: 03/28/2019 03:52 PM CDT 31 of 136

Intervenor Plaintiff Derrick Lane

Swati Prakash − PHV (See above for address) TERMINATED: 01/22/2018 LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED
Ajmel Quereshi − PHV (See above for address) TERMINATED: 04/27/2015 ATTORNEY TO BE NOTICED
Anna Q, Han − PHV (See above for address) ATTORNEY TO BE NOTICED
Benjamin R. Salk − PHV (See above for address) PRO HAC VICE ATTORNEY TO BE NOTICED
Carl Takei − PHV (See above for address) TERMINATED: 09/06/2018 ATTORNEY TO BE NOTICED
Chelsea K. Caveny (See above for address) TERMINATED: 07/27/2018 ATTORNEY TO BE NOTICED
Elissa F. Johnson (See above for address) ATTORNEY TO BE NOTICED
Eric Gordon Balaban − PHV (See above for address) PRO HAC VICE ATTORNEY TO BE NOTICED
Gabriel B. Eber − PHV (See above for address) ATTORNEY TO BE NOTICED
Sarah D. Bidinger (See above for address) TERMINATED: 05/01/2018 ATTORNEY TO BE NOTICED
William B. Bardwell (See above for address) ATTORNEY TO BE NOTICED
represented by Erin K. Monju − PHV (See above for address) LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED
Gretchen Ann Hoff Varner − PHV (See above for address) LEAD ATTORNEY

Case: 3:13-cv-00326-WHB-JCG As of: 03/28/2019 03:52 PM CDT 32 of 136
PRO HAC VICE ATTORNEY TO BE NOTICED
Jennifer Wedekind − PHV (See above for address) LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED
Jody E. Owens , II (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Ravi Doshi − PHV (See above for address) LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED
Rekha Elaine Arulanantham − PHV (See above for address) TERMINATED: 09/06/2018 LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED
Swati Prakash − PHV (See above for address) TERMINATED: 01/22/2018 LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED
Ajmel Quereshi − PHV (See above for address) TERMINATED: 04/27/2015 ATTORNEY TO BE NOTICED
Anna Q, Han − PHV (See above for address) ATTORNEY TO BE NOTICED
Benjamin R. Salk − PHV (See above for address) PRO HAC VICE ATTORNEY TO BE NOTICED
Carl Takei − PHV (See above for address) TERMINATED: 09/06/2018 ATTORNEY TO BE NOTICED
Chelsea K. Caveny (See above for address) TERMINATED: 07/27/2018 ATTORNEY TO BE NOTICED
Elissa F. Johnson (See above for address) ATTORNEY TO BE NOTICED
Eric Gordon Balaban − PHV (See above for address) PRO HAC VICE

Case: 3:13-cv-00326-WHB-JCG As of: 03/28/2019 03:52 PM CDT 33 of 136

ATTORNEY TO BE NOTICED

Gabriel B. Eber − PHV (See above for address) ATTORNEY TO BE NOTICED

Sarah D. Bidinger (See above for address) TERMINATED: 05/01/2018 ATTORNEY TO BE NOTICED

William B. Bardwell (See above for address) ATTORNEY TO BE NOTICED

Intervenor Plaintiff Tavares Flaggs

represented by Erin K. Monju − PHV (See above for address) LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED

Gretchen Ann Hoff Varner − PHV (See above for address) LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED

Jennifer Wedekind − PHV (See above for address) LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED

Jody E. Owens , II (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Ravi Doshi − PHV (See above for address) TERMINATED: 08/03/2018 LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED

Rekha Elaine Arulanantham − PHV (See above for address) TERMINATED: 09/06/2018 LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED

Swati Prakash − PHV (See above for address) TERMINATED: 01/22/2018 LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED

Ajmel Quereshi − PHV (See above for address) TERMINATED: 04/27/2015 ATTORNEY TO BE NOTICED

Case: 3:13-cv-00326-WHB-JCG As of: 03/28/2019 03:52 PM CDT 34 of 136

Intervenor Plaintiff Henry Moore

Anna Q, Han − PHV (See above for address) ATTORNEY TO BE NOTICED
Benjamin R. Salk − PHV (See above for address) PRO HAC VICE ATTORNEY TO BE NOTICED
Carl Takei − PHV (See above for address) TERMINATED: 09/06/2018 ATTORNEY TO BE NOTICED
Chelsea K. Caveny (See above for address) TERMINATED: 07/27/2018 ATTORNEY TO BE NOTICED
Elissa F. Johnson (See above for address) ATTORNEY TO BE NOTICED
Eric Gordon Balaban − PHV (See above for address) PRO HAC VICE ATTORNEY TO BE NOTICED
Gabriel B. Eber − PHV (See above for address) ATTORNEY TO BE NOTICED
Sarah D. Bidinger (See above for address) TERMINATED: 05/01/2018 ATTORNEY TO BE NOTICED
William B. Bardwell (See above for address) ATTORNEY TO BE NOTICED
represented by Erin K. Monju − PHV (See above for address) LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED
Gretchen Ann Hoff Varner − PHV (See above for address) LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED
Jennifer Wedekind − PHV (See above for address) LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED
Jody E. Owens , II (See above for address) LEAD ATTORNEY

Case: 3:13-cv-00326-WHB-JCG As of: 03/28/2019 03:52 PM CDT 35 of 136
ATTORNEY TO BE NOTICED
Ravi Doshi − PHV (See above for address) LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED
Rekha Elaine Arulanantham − PHV (See above for address) TERMINATED: 09/06/2018 LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED
Swati Prakash − PHV (See above for address) TERMINATED: 01/22/2018 LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED
Ajmel Quereshi − PHV (See above for address) TERMINATED: 04/27/2015 ATTORNEY TO BE NOTICED
Anna Q, Han − PHV (See above for address) ATTORNEY TO BE NOTICED
Benjamin R. Salk − PHV (See above for address) PRO HAC VICE ATTORNEY TO BE NOTICED
Carl Takei − PHV (See above for address) TERMINATED: 09/06/2018 ATTORNEY TO BE NOTICED
Chelsea K. Caveny (See above for address) TERMINATED: 07/27/2018 ATTORNEY TO BE NOTICED
Elissa F. Johnson (See above for address) ATTORNEY TO BE NOTICED
Eric Gordon Balaban − PHV (See above for address) PRO HAC VICE ATTORNEY TO BE NOTICED
Gabriel B. Eber − PHV (See above for address) ATTORNEY TO BE NOTICED
Sarah D. Bidinger (See above for address) TERMINATED: 05/01/2018 ATTORNEY TO BE NOTICED
William B. Bardwell

Case: 3:13-cv-00326-WHB-JCG As of: 03/28/2019 03:52 PM CDT 36 of 136
(See above for address) ATTORNEY TO BE NOTICED

V.
Defendant
Christopher Epps in his official capacity as Commissioner of the Mississippi Department of Corrections

represented by Gary E. Friedman PHELPS DUNBAR, LLP − Jackson P. O. Box 16114 4270 I−55 North (39211) Jackson, MS 39236−6114 601/352−2300 Fax: 601/360−9777 Email: friedmag@phelps.com LEAD ATTORNEY ATTORNEY TO BE NOTICED
Harold Edward Pizzetta−State Gov , III OFFICE OF THE ATTORNEY GENERAL P.O. Box 220 550 High Street (39201) Jackson, MS 39205−0220 601/359−3680 Email: hpizz@ago.state.ms.us LEAD ATTORNEY ATTORNEY TO BE NOTICED
Walter T. Johnson WATKINS & EAGER, PLLC − Jackson P. O. Box 650 400 East Capitol Street (39201) Jackson, MS 39205−0650 601/965−1900 Fax: 601/965−1901 Email: wjohnson@watkinseager.com TERMINATED: 07/16/2015 LEAD ATTORNEY ATTORNEY TO BE NOTICED
William T. Siler , Jr. PHELPS DUNBAR, LLP − Jackson P. O. Box 16114 4270 I−55 North (39211) Jackson, MS 39236−6114 601/352−2300 Fax: 601/360−9777 Email: silert@phelps.com LEAD ATTORNEY ATTORNEY TO BE NOTICED
Gregory Todd Butler PHELPS DUNBAR, LLP − Jackson P. O. Box 16114 4270 I−55 North (39211) Jackson, MS 39236−6114 601/352−2300 Fax: 601/360−9777 Email: butlert@phelps.com ATTORNEY TO BE NOTICED
Howard David Clark , III PHELPS DUNBAR, LLP − Jackson P. O. Box 16114 4270 I−55 North (39211)

Case: 3:13-cv-00326-WHB-JCG As of: 03/28/2019 03:52 PM CDT 37 of 136

Jackson, MS 39236−6114 601/352−2300 Fax: 601/360−9777 Email: clarkt@phelps.com ATTORNEY TO BE NOTICED

John Morgan Stephens , IV PHELPS DUNBAR, LLP − Jackson P. O. Box 16114 4270 I−55 North (39211) Jackson, MS 39236−6114 601/352−2300 Fax: 601/360−9777 Email: stephenm@phelps.com (Inactive) ATTORNEY TO BE NOTICED

Molly Mitchell Walker BRADLEY ARANT BOULT CUMMINGS, LLP − Jackson P.O. Box 1789 188 E. Capitol Street, Suite 400 (39201) Jackson, MS 39215−1789 601/592−9904 Fax: 601/592−1404 Email: mmwalker@babc.com ATTORNEY TO BE NOTICED

Nicholas F. Morisani PHELPS DUNBAR, LLP − Jackson P. O. Box 16114 4270 I−55 North (39211) Jackson, MS 39236−6114 601/352−2300 Fax: 601/360−9777 Email: nicholas.morisani@phelps.com ATTORNEY TO BE NOTICED

Robert H. Pedersen WATKINS & EAGER, PLLC − Jackson P. O. Box 650 400 East Capitol Street (39201) Jackson, MS 39205−0650 601/965−1926 Fax: 601/965−1901 Email: bpedersen@watkinseager.com TERMINATED: 07/16/2015 ATTORNEY TO BE NOTICED

William Brett Harvey PHELPS DUNBAR, LLP − Jackson P. O. Box 16114 4270 I−55 North (39211) Jackson, MS 39236−6114 601/360−9721 Fax: 601/360−9777 Email: harveyb@phelps.com (Inactive) ATTORNEY TO BE NOTICED

Defendant
Gloria Perry in her official capacity as Chief Medical Officer for the Mississippi Department of Corrections

represented by Gary E. Friedman (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Case: 3:13-cv-00326-WHB-JCG As of: 03/28/2019 03:52 PM CDT 38 of 136
Harold Edward Pizzetta−State Gov , III (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Michael J. Bentley BRADLEY ARANT BOULT CUMMINGS, LLP − Jackson P.O. Box 1789 188 E. Capitol Street, Suite 400 (39201) Jackson, MS 39215−1789 601/592−9935 Fax: 601/948−3000 Email: mbentley@bradley.com LEAD ATTORNEY ATTORNEY TO BE NOTICED
Walter T. Johnson (See above for address) TERMINATED: 07/16/2015 LEAD ATTORNEY ATTORNEY TO BE NOTICED
William T. Siler , Jr. (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Erin D. Saltaformaggio BRADLEY ARANT BOULT CUMMINGS, LLP − Jackson P.O. Box 1789 188 E. Capitol Street, Suite 400 (39201) Jackson, MS 39215−1789 601/948−8000 Fax: 601/948−3000 Email: esaltaformaggio@bradley.com ATTORNEY TO BE NOTICED
Gregory Todd Butler (See above for address) ATTORNEY TO BE NOTICED
Howard David Clark , III (See above for address) ATTORNEY TO BE NOTICED
J. William Manuel BRADLEY ARANT BOULT CUMMINGS, LLP − Jackson P.O. Box 1789 188 E. Capitol Street, Suite 400 (39201) Jackson, MS 39215−1789 601/948−8000 Fax: 601/948−3000 Email: wmanuel@babc.com ATTORNEY TO BE NOTICED
John Morgan Stephens , IV (See above for address) ATTORNEY TO BE NOTICED
Krissy Casey Nobile−State Gov MISSISSIPPI ATTORNEY GENERAL'S OFFICE

Case: 3:13-cv-00326-WHB-JCG As of: 03/28/2019 03:52 PM CDT 39 of 136

550 High Street, Suite 1100 P. O. Box 220 Jackson, MS 39205 601−359−3824 Fax: 601−359−2003 Email: knobi@ago.state.ms.us ATTORNEY TO BE NOTICED

Megan B. Conner BRADLEY ARANT BOULT CUMMINGS, LLP − Jackson P.O. Box 1789 188 E. Capitol Street, Suite 400 (39201) Jackson, MS 39215−1789 601/592−9955 Fax: 601/592−1455 ATTORNEY TO BE NOTICED

Michael C. Williams BRADLEY ARANT BOULT CUMMINGS, LLP − Jackson P.O. Box 1789 188 E. Capitol Street, Suite 400 (39201) Jackson, MS 39215−1789 601/592−9981 Fax: 601/592−1481 Email: mcwilliams@bradley.com ATTORNEY TO BE NOTICED

Molly Mitchell Walker (See above for address) ATTORNEY TO BE NOTICED

Nicholas F. Morisani (See above for address) ATTORNEY TO BE NOTICED

Robert H. Pedersen (See above for address) TERMINATED: 07/16/2015 ATTORNEY TO BE NOTICED

William Brett Harvey (See above for address) ATTORNEY TO BE NOTICED

Defendant
Archie Longley in his official capacity as Deputy Commissioner for Institutions of the Mississippi Department of Corrections

represented by Gary E. Friedman (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Harold Edward Pizzetta−State Gov , III (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Michael J. Bentley (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Walter T. Johnson (See above for address)

Case: 3:13-cv-00326-WHB-JCG As of: 03/28/2019 03:52 PM CDT 40 of 136

TERMINATED: 07/16/2015 LEAD ATTORNEY ATTORNEY TO BE NOTICED

William T. Siler , Jr. (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Erin D. Saltaformaggio (See above for address) ATTORNEY TO BE NOTICED

Gregory Todd Butler (See above for address) ATTORNEY TO BE NOTICED

Howard David Clark , III (See above for address) ATTORNEY TO BE NOTICED

J. William Manuel (See above for address) ATTORNEY TO BE NOTICED

John Morgan Stephens , IV (See above for address) ATTORNEY TO BE NOTICED

Krissy Casey Nobile−State Gov (See above for address) ATTORNEY TO BE NOTICED

Megan B. Conner (See above for address) ATTORNEY TO BE NOTICED

Michael C. Williams (See above for address) ATTORNEY TO BE NOTICED

Molly Mitchell Walker (See above for address) ATTORNEY TO BE NOTICED

Nicholas F. Morisani (See above for address) ATTORNEY TO BE NOTICED

Robert H. Pedersen (See above for address) TERMINATED: 07/16/2015 ATTORNEY TO BE NOTICED

William Brett Harvey (See above for address) ATTORNEY TO BE NOTICED

Defendant Richard D. McCarty

represented by Gary E. Friedman (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Case: 3:13-cv-00326-WHB-JCG As of: 03/28/2019 03:52 PM CDT 41 of 136

Michael J. Bentley (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

William T. Siler , Jr. (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Erin D. Saltaformaggio (See above for address) ATTORNEY TO BE NOTICED

Gregory Todd Butler (See above for address) ATTORNEY TO BE NOTICED

Howard David Clark , III (See above for address) ATTORNEY TO BE NOTICED

J. William Manuel (See above for address) ATTORNEY TO BE NOTICED

John Morgan Stephens , IV (See above for address) ATTORNEY TO BE NOTICED

Megan B. Conner (See above for address) ATTORNEY TO BE NOTICED

Michael C. Williams (See above for address) ATTORNEY TO BE NOTICED

Molly Mitchell Walker (See above for address) ATTORNEY TO BE NOTICED

Nicholas F. Morisani (See above for address) ATTORNEY TO BE NOTICED

Robert H. Pedersen (See above for address) TERMINATED: 07/16/2015 ATTORNEY TO BE NOTICED

Defendant Marshall L. Fisher

represented by Gary E. Friedman (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Michael J. Bentley (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

William T. Siler , Jr. (See above for address)

Case: 3:13-cv-00326-WHB-JCG As of: 03/28/2019 03:52 PM CDT 42 of 136

LEAD ATTORNEY ATTORNEY TO BE NOTICED

Erin D. Saltaformaggio (See above for address) ATTORNEY TO BE NOTICED

Gregory Todd Butler (See above for address) ATTORNEY TO BE NOTICED

Howard David Clark , III (See above for address) ATTORNEY TO BE NOTICED

J. William Manuel (See above for address) ATTORNEY TO BE NOTICED

Krissy Casey Nobile−State Gov (See above for address) ATTORNEY TO BE NOTICED

Megan B. Conner (See above for address) ATTORNEY TO BE NOTICED

Michael C. Williams (See above for address) TERMINATED: 05/01/2018 ATTORNEY TO BE NOTICED

Molly Mitchell Walker (See above for address) ATTORNEY TO BE NOTICED

Nicholas F. Morisani (See above for address) ATTORNEY TO BE NOTICED

Robert H. Pedersen (See above for address) TERMINATED: 07/16/2015 ATTORNEY TO BE NOTICED

Interested Party Health Assurance LLC

represented by Robert H. Pedersen WATKINS & EAGER, PLLC P. O. Box 650 400 East Capitol Street (39201) Jackson, MS 39205−0650 601/965−1926 Fax: 601/965−1901 Email: bpedersen@watkinseager.com TERMINATED: 07/16/2015 ATTORNEY TO BE NOTICED

Interested Party Merlin Hill

represented by Merlin Hill R4779 East MS Correctional Facility 10641 Hwy 80 West Meridian, MS 39307 601−485−5255

Case: 3:13-cv-00326-WHB-JCG As of: 03/28/2019 03:52 PM CDT 43 of 136
PRO SE
Gabriel B. Eber − PHV (See above for address) ATTORNEY TO BE NOTICED

V. Movant Management & Training Corporation (MTC)
Movant The GEO Group, Inc.
Movant Jason Robert Case

represented by Gary E. Friedman (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
John Morgan Stephens , IV (See above for address) ATTORNEY TO BE NOTICED
Nicholas F. Morisani (See above for address) ATTORNEY TO BE NOTICED
William Brett Harvey (See above for address) ATTORNEY TO BE NOTICED
represented by Lee Thaggard BARRY, PALMER, THAGGARD, MAY & BAILEY, LLP P.O. Box 2009 505 Constitution Ave. (39301) Meridian, MS 39302−2009 601/693−2393 Fax: 601/482−7855 Email: thaggard@btmblaw.com LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Jason Robert Case 185322 East MS Correctional Facility 10641 Hwy 80 West Meridian, MS 39307 601−485−5255 PRO SE

Date Filed 05/30/2013
05/30/2013

# Docket Text
1 COMPLAINT against Christopher Epps, Archie Longley, Gloria Perry ( Filing fee $ 400 receipt number 34643022036), filed by Jeffrey Covington, John Barrett, Jermaine Dockery, Benjamin McAbee, Phillip Fredenburg, Courtney Galloway, Tafforest Chandler, Derrick Hayes, Alvin Luckett, David Thompson, Christopher Lindsey, Anthony Evans, Dexter Campbell, Joseph Osborne, James Vann, Eric Ward. (Attachments: # 1 Civil Cover Sheet).(EJS) (Entered: 05/30/2013)
2 MOTION for Ajmel Quereshi to Appear Pro Hac Vice by John Barrett, Dexter Campbell, Tafforest Chandler, Jeffrey Covington, Jermaine Dockery, Anthony Evans, Phillip Fredenburg, Courtney Galloway, Derrick Hayes, Christopher Lindsey, Alvin Luckett, Benjamin McAbee, Joseph Osborne, David Thompson, James Vann, Eric Ward. (Attachments: # 1 Certificate of Good Standing).(EJS) (Entered: 05/30/2013)

Case: 3:13-cv-00326-WHB-JCG As of: 03/28/2019 03:52 PM CDT 44 of 136

05/30/2013 05/30/2013 05/30/2013 05/30/2013 05/30/2013 05/30/2013 05/30/2013 05/30/2013 05/30/2013 05/30/2013 05/30/2013
06/03/2013

3 MOTION for Margaret Winter to Appear Pro Hac Vice by John Barrett, Dexter Campbell, Tafforest Chandler, Jeffrey Covington, Jermaine Dockery, Anthony Evans, Phillip Fredenburg, Courtney Galloway, Derrick Hayes, Christopher Lindsey, Alvin Luckett, Benjamin McAbee, Joseph Osborne, David Thompson, James Vann, Eric Ward. (Attachments: # 1 Certificate of Good Standing).(EJS) (Entered: 05/30/2013)
4 MOTION for Gabriel B. Eber to Appear Pro Hac Vice by John Barrett, Dexter Campbell, Tafforest Chandler, Jeffrey Covington, Jermaine Dockery, Anthony Evans, Phillip Fredenburg, Courtney Galloway, Derrick Hayes, Christopher Lindsey, Alvin Luckett, Benjamin McAbee, Joseph Osborne, David Thompson, James Vann, Eric Ward. (Attachments: # 1 Certificate of Good Standing).(EJS) (Entered: 05/30/2013)
5 MOTION for Elizabeth Alexander to Appear Pro Hac Vice by John Barrett, Dexter Campbell, Tafforest Chandler, Jeffrey Covington, Jermaine Dockery, Anthony Evans, Phillip Fredenburg, Courtney Galloway, Derrick Hayes, Christopher Lindsey, Alvin Luckett, Benjamin McAbee, Joseph Osborne, David Thompson, James Vann, Eric Ward. (Attachments: # 1 Certificate of Good Standing).(EJS) (Entered: 05/30/2013)
Pro Hac Vice fee paid by (Elizabeth Alexander) $ 100, receipt number 34643022037. (EJS) (Entered: 05/30/2013)
Pro Hac Vice fee paid by (Margaret Winter) $ 100, receipt number 346430222038 (EJS) (Entered: 05/30/2013)
Pro Hac Vice fee paid by (Gabriel B. Eber) $ 100, receipt number 34643022038. (EJS) (Entered: 05/30/2013)
Pro Hac Vice fee paid by (Ajmel Quereshi) $ 100, receipt number 34643022038. (EJS) (Entered: 05/30/2013)
6 NOTICE of Pendancy of Related Case by John Barrett, Dexter Campbell, Tafforest Chandler, Jeffrey Covington, Jermaine Dockery, Anthony Evans, Phillip Fredenburg, Courtney Galloway, Derrick Hayes, Christopher Lindsey, Alvin Luckett, Benjamin McAbee, Joseph Osborne, David Thompson, James Vann, Eric Ward re 1 Complaint, (Owens, Jody) (Entered: 05/30/2013)
7 Summons Issued as to Christopher Epps, Archie Longley, Gloria Perry. (EJS) (Entered: 05/30/2013)
8 MOTION for Protective Order Against Retaliation, Intimidation, and Coercion by John Barrett, Dexter Campbell, Tafforest Chandler, Jeffrey Covington, Jermaine Dockery, Anthony Evans, Phillip Fredenburg, Courtney Galloway, Derrick Hayes, Christopher Lindsey, Alvin Luckett, Benjamin McAbee, Joseph Osborne, David Thompson, James Vann, Eric Ward (Owens, Jody) (Entered: 05/30/2013)
9 MEMORANDUM in Support re 8 MOTION for Protective Order Against Retaliation, Intimidation, and Coercion filed by John Barrett, Dexter Campbell, Tafforest Chandler, Jeffrey Covington, Jermaine Dockery, Anthony Evans, Phillip Fredenburg, Courtney Galloway, Derrick Hayes, Christopher Lindsey, Alvin Luckett, Benjamin McAbee, Joseph Osborne, David Thompson, James Vann, Eric Ward (Attachments: # 1 Exhibit 1 Decl. of Evans, # 2 Exhibit 2 Decl. of Davis, # 3 Exhibit 3 Decl. of Walker, # 4 Exhibit 4 Decl. of Covington, # 5 Exhibit 5 Decl. of Dockery, # 6 Exhibit 6 Decl. of Hayes 5.23.13, # 7 Exhibit 7 Decl. of Kendrick, # 8 Exhibit 8 Decl. of Chandler, # 9 Exhibit 9 Decl. of Campbell, # 10 Exhibit 10 Decl. of Fredenburg, # 11 Exhibit 11 Decl. of Hill, # 12 Exhibit 12 Decl. of Brewer, # 13 Exhibit 13 William/Sparkman email correspondence 12.8.12, # 14 Exhibit 14 Decl. of Miskell, # 15 Exhibit 15 Decl. of Hamill, # 16 Exhibit 16 Decl. of Hayes12.12.12, # 17 Exhibit 17 Winter/Sparkman email correspondence 2.28.13, # 18 Exhibit 18 Decl. of Hayes 3.6.13, # 19 Exhibit 19 Decl. of McAbee, # 20 Exhibit 20 Order, Madrid v. Gomez)(Owens, Jody) (Entered: 05/30/2013)
10 SUMMONS Returned Executed by Jeffrey Covington, John Barrett, Jermaine Dockery, Benjamin McAbee, Phillip Fredenburg, Courtney Galloway, Tafforest Chandler, Derrick Hayes, Alvin Luckett, David Thompson, Christopher Lindsey, Anthony Evans, Dexter Campbell, Joseph Osborne, James Vann, Eric Ward Christopher Epps served on 5/31/2013, answer due 6/21/2013. (Owens, Jody) (Entered: 06/03/2013)

Case: 3:13-cv-00326-WHB-JCG As of: 03/28/2019 03:52 PM CDT 45 of 136

06/03/2013 06/03/2013 06/04/2013
06/12/2013 06/17/2013 06/20/2013
06/21/2013 06/21/2013
07/08/2013 07/08/2013 07/09/2013

11 SUMMONS Returned Executed by Jeffrey Covington, John Barrett, Jermaine Dockery, Benjamin McAbee, Phillip Fredenburg, Courtney Galloway, Tafforest Chandler, Derrick Hayes, Alvin Luckett, David Thompson, Christopher Lindsey, Anthony Evans, Dexter Campbell, Joseph Osborne, James Vann, Eric Ward Archie Longley served on 5/31/2013, answer due 6/21/2013. (Owens, Jody) (Entered: 06/03/2013)
12 SUMMONS Returned Executed by Jeffrey Covington, John Barrett, Jermaine Dockery, Benjamin McAbee, Phillip Fredenburg, Courtney Galloway, Tafforest Chandler, Derrick Hayes, Alvin Luckett, David Thompson, Christopher Lindsey, Anthony Evans, Dexter Campbell, Joseph Osborne, James Vann, Eric Ward Gloria Perry served on 5/31/2013, answer due 6/21/2013. (Owens, Jody) (Entered: 06/03/2013)
TEXT ORDER ONLY The Court finds the motions of Elizabeth Alexander,Gabriel Eber, Margaret Winter, and Ajmel Quereshi to appear pro hac vice on behalf of Plaintiffs 2 , 3 , 4 ,and 5 of Plaintiffs should be granted in association with local counsel, upon payment of the the appropriate fees, and registration for electronic filing as required by the Uniform Local Rules of this Court.No further written order shall be issued by this Court. Signed by Magistrate Judge John M. Roper on June 4,2013 (Nicaud, Jenny) (Entered: 06/04/2013)
13 MOTION for Extension of Time to File Response/Reply as to 1 Complaint, 8 MOTION for Protective Order Against Retaliation, Intimidation, and Coercion by Christopher Epps, Archie Longley, Gloria Perry (Pizzetta, Harold) (Entered: 06/12/2013)
TEXT ORDER ONLY The Court finds that Defendants must respond to the pending Motion for Protective Order 8 and the Complaint in this matter on or prior to July 17,2013.Thus, the Court grants in part and denies in part the pending 13] Motion for Extension of Time to File Response/Reply.No further written order shall be issued by this Court. Signed by Magistrate Judge John M. Roper on June 17,2013 (Nicaud, Jenny) (Entered: 06/17/2013)
14 Rule 16(a) Initial Order: Telephonic Case Management Conference set for 8/6/2013 11:00 AM before Magistrate Judge John M. Roper. Confidential case memoranda to be submitted to Judge Roper via email to roper_chambers@mssd.uscourts.gov on or before one week prior to the conference. The CONFIDENTIAL case memoranda is NOT to be exchanged and will be viewed only by the Court. Also, by same deadline, counsel are to submit a joint proposed Case Management Order (form is attached as Exhibit A − do not complete pages 4 and 5) to same email address. Refer to attached for deadlines and instructions. (Attachments: # 1 Exhibit A − Blank Case Management Order, # 2 Exhibit B − Expedited Calendar, # 3 Exhibit C − Good Faith Certificate Form)(VLK) (Entered: 06/20/2013)
15 MOTION to Reassign Case by John Barrett, Dexter Campbell, Tafforest Chandler, Jeffrey Covington, Jermaine Dockery, Anthony Evans, Phillip Fredenburg, Courtney Galloway, Derrick Hayes, Christopher Lindsey, Alvin Luckett, Benjamin McAbee, Joseph Osborne, David Thompson, James Vann, Eric Ward (Owens, Jody) (Entered: 06/21/2013)
16 MEMORANDUM in Support re 15 MOTION to Reassign Case filed by John Barrett, Dexter Campbell, Tafforest Chandler, Jeffrey Covington, Jermaine Dockery, Anthony Evans, Phillip Fredenburg, Courtney Galloway, Derrick Hayes, Christopher Lindsey, Alvin Luckett, Benjamin McAbee, Joseph Osborne, David Thompson, James Vann, Eric Ward (Attachments: # 1 Exhibit A Walnut Grove Complaint, # 2 Exhibit B Monitors Report 4/1/2013, # 3 Exhibit C EMCF Complaint, # 4 Exhibit D Alesha Judkins Declaration)(Owens, Jody) (Entered: 06/21/2013)
17 NOTICE of Appearance by Gary E. Friedman on behalf of Christopher Epps, Archie Longley, Gloria Perry (Friedman, Gary) (Entered: 07/08/2013)
18 RESPONSE in Opposition re 15 MOTION to Reassign Case filed by Christopher Epps, Archie Longley, Gloria Perry (Harvey, William) (Entered: 07/08/2013)
19 NOTICE of Appearance by William Brett Harvey on behalf of Christopher Epps, Archie Longley, Gloria Perry (Harvey, William) (Entered: 07/09/2013)

Case: 3:13-cv-00326-WHB-JCG As of: 03/28/2019 03:52 PM CDT 46 of 136

07/10/2013
07/10/2013
07/12/2013 07/12/2013
07/17/2013 07/18/2013 07/25/2013 07/26/2013 07/26/2013 07/26/2013 07/27/2013 07/29/2013
07/29/2013

20 MOTION for Leave to File Supplement Plaintiffs' Motion for Protective Order Against Retaliation, Intimidation, and Coercion by John Barrett, Dexter Campbell, Tafforest Chandler, Jeffrey Covington, Jermaine Dockery, Anthony Evans, Phillip Fredenburg, Courtney Galloway, Derrick Hayes, Christopher Lindsey, Alvin Luckett, Benjamin McAbee, Joseph Osborne, David Thompson, James Vann, Eric Ward (Owens, Jody) (Entered: 07/10/2013)
21 MEMORANDUM in Support re 20 MOTION for Leave to File Supplement Plaintiffs' Motion for Protective Order Against Retaliation, Intimidation, and Coercion filed by John Barrett, Dexter Campbell, Tafforest Chandler, Jeffrey Covington, Jermaine Dockery, Anthony Evans, Phillip Fredenburg, Courtney Galloway, Derrick Hayes, Christopher Lindsey, Alvin Luckett, Benjamin McAbee, Joseph Osborne, David Thompson, James Vann, Eric Ward (Attachments: # 1 Exhibit 21 Walker Decl, # 2 Exhibit 22 McCarthy Decl, # 3 Exhibit 23 Smith Decl, # 4 Exhibit 24 Harris Decl, # 5 Exhibit 25 Walker ARP Response)(Owens, Jody) (Entered: 07/10/2013)
22 MOTION to Seal Documents and File Unredacted Declarations by John Barrett, Dexter Campbell, Tafforest Chandler, Jeffrey Covington, Jermaine Dockery, Anthony Evans, Phillip Fredenburg, Courtney Galloway, Derrick Hayes, Christopher Lindsey, Alvin Luckett, Benjamin McAbee, Joseph Osborne, David Thompson, James Vann, Eric Ward (Owens, Jody) (Entered: 07/12/2013)
23 REPLY to Response to Motion re 18 Response in Opposition to Motion filed by John Barrett, Dexter Campbell, Tafforest Chandler, Jeffrey Covington, Jermaine Dockery, Anthony Evans, Phillip Fredenburg, Courtney Galloway, Derrick Hayes, Christopher Lindsey, Alvin Luckett, Benjamin McAbee, Joseph Osborne, David Thompson, James Vann, Eric Ward (Attachments: # 1 Exhibit 1 Walnut Grove Consent Decree)(Owens, Jody) (Entered: 07/12/2013)
24 ANSWER to 1 Complaint, by Christopher Epps, Archie Longley, Gloria Perry.(Pizzetta, Harold) (Entered: 07/17/2013)
25 ORDER granting 20 Plaintiffs' Motion for Leave to Supplement Plaintiffs' Motion for Protective Order. Signed by Magistrate Judge John M. Roper on 7/18/2013 (VLK) (Entered: 07/18/2013)
26 NOTICE of Appearance by Robert H. Pedersen on behalf of All Defendants (Pedersen, Robert) (Entered: 07/25/2013)
27 RESPONSE in Opposition re 22 MOTION to Seal Documents and File Unredacted Declarations filed by Christopher Epps, Archie Longley, Gloria Perry (Attachments: # 1 Exhibit "A" MDOC Website Sheet for Larry Walker)(Pedersen, Robert) (Entered: 07/26/2013)
28 MOTION to Dismiss for Lack of Jurisdiction Motion To Dismiss Plaintiff Eric Ward by Christopher Epps, Archie Longley, Gloria Perry (Attachments: # 1 Exhibit "A" MDOC Infor Sheet For Eric Ward)(Pedersen, Robert) (Entered: 07/26/2013)
29 MEMORANDUM in Support re 28 MOTION to Dismiss for Lack of Jurisdiction Motion To Dismiss Plaintiff Eric Ward filed by Christopher Epps, Archie Longley, Gloria Perry (Pedersen, Robert) (Entered: 07/26/2013)
30 NOTICE of Appearance by Walter T. Johnson on behalf of All Defendants (Johnson, Walter) (Entered: 07/27/2013)
31 RESPONSE to Motion re 28 MOTION to Dismiss for Lack of Jurisdiction Motion To Dismiss Plaintiff Eric Ward filed by John Barrett, Dexter Campbell, Tafforest Chandler, Jeffrey Covington, Jermaine Dockery, Anthony Evans, Phillip Fredenburg, Courtney Galloway, Derrick Hayes, Christopher Lindsey, Alvin Luckett, Benjamin McAbee, Joseph Osborne, David Thompson, James Vann, Eric Ward (Eber − PHV, Gabriel) (Entered: 07/29/2013)
32 RESPONSE in Opposition re 8 MOTION for Protective Order Against Retaliation, Intimidation, and Coercion filed by Christopher Epps, Archie Longley, Gloria Perry (Attachments: # 1 Exhibit "A" MDOC Inmate Information Sheet, # 2 Exhibit B.1 Medical Record Anthony Evans, # 3 Exhibit B.2 ARP Benjamin McAbee, # 4 Exhibit C ARP and Medical Record Dexter Campbell, # 5 Exhibit D Medical Records Dexter Campbell, # 6 Exhibit E Medical Record Derrick Hayes, # 7 Exhibit F ARP Derrick

Case: 3:13-cv-00326-WHB-JCG As of: 03/28/2019 03:52 PM CDT 47 of 136

07/30/2013
07/30/2013 08/01/2013 08/02/2013
08/02/2013 08/02/2013
08/05/2013 08/06/2013 08/08/2013 08/08/2013

Hayes, # 8 Exhibit G Medical Records Jermaine Dockery, # 9 Exhibit H ARP Vnell Miskell, # 10 Exhibit I ARP Tracey Brewer, # 11 Exhibit J Medical Records Larry Walker, # 12 Exhibit K ARP Kevin Hamill, # 13 Exhibit L ARP Kevin Hamill)(Pedersen, Robert) (Entered: 07/29/2013)
REMINDER NOTICE of Calendar Setting: As a reminder to the parties, the Telephonic Case Management Conference is set for August 6, 2013 at 11:00 a.m. before Magistrate Judge John M. Roper. Also as a reminder, the confidential case memoranda is to be submitted to Judge Roper by email to Roper_Chambers@mssd.uscourts.gov one week prior to the conference. The CONFIDENTIAL case memoranda is NOT to be exchanged and will be viewed only by the Court. Also, by same deadline, counsel are to submit a joint proposed Case Management Order to same email address. Refer to Rule 16(a) Initial Order 14 for complete instructions and deadlines. (VLK) (Entered: 07/30/2013)
33 ORDER denying 15 Motion to Reassign Case. Signed by District Judge Tom S. Lee on 7/30/13 (LWE) (Entered: 07/30/2013)
34 NOTICE of Filing of Motion in Related Case by John Barrett, Dexter Campbell, Tafforest Chandler, Jeffrey Covington, Jermaine Dockery, Anthony Evans, Phillip Fredenburg, Courtney Galloway, Derrick Hayes, Christopher Lindsey, Alvin Luckett, Benjamin McAbee, Joseph Osborne, David Thompson, James Vann, Eric Ward (Eber − PHV, Gabriel) (Entered: 08/01/2013)
35 Unopposed MOTION for Extension of Time to File Response/Reply as to 32 Response in Opposition to Motion,,, for Protective Order Against Retaliation, Intimidation and Coercion by John Barrett, Dexter Campbell, Tafforest Chandler, Jeffrey Covington, Jermaine Dockery, Anthony Evans, Phillip Fredenburg, Courtney Galloway, Derrick Hayes, Christopher Lindsey, Alvin Luckett, Benjamin McAbee, Joseph Osborne, David Thompson, James Vann, Eric Ward (Owens, Jody) (Entered: 08/02/2013)
36 NOTICE of Withdrawal of Plaintiffs' Motion to Seal Documents and File Unredacted Declarations by John Barrett, Dexter Campbell, Tafforest Chandler, Jeffrey Covington, Jermaine Dockery, Anthony Evans, Phillip Fredenburg, Courtney Galloway, Derrick Hayes, Christopher Lindsey, Alvin Luckett, Benjamin McAbee, Joseph Osborne, David Thompson, James Vann, Eric Ward re 22 MOTION to Seal Documents and File Unredacted Declarations (Owens, Jody) (Entered: 08/02/2013)
37 ATTACHMENT re 36 Notice (Other), of Withdrawal of Plaintiffs' Motion to Seal Documents and File Unredacted Declarations by John Barrett, Dexter Campbell, Tafforest Chandler, Jeffrey Covington, Jermaine Dockery, Christopher Epps, Anthony Evans, Phillip Fredenburg, Courtney Galloway, Derrick Hayes, Christopher Lindsey, Alvin Luckett, Benjamin McAbee, Joseph Osborne, David Thompson, James Vann, Eric Ward (Attachments: # 1 Exhibit 21−3 Smith Decl.)(Owens, Jody) (Entered: 08/02/2013)
Reset Hearing: Due to a conflict with the Court's calendar, the Telephonic Case Management Conference is RESET to 8/8/2013 11:00 AM before Magistrate Judge John M. Roper. (VLK) (Entered: 08/05/2013)
Reset Hearing: Due to a scheduling conflict with plaintiffs' counsel and by agreement of counsel for the defendants, the Telephonic Case Management Conference is RESET (TIME CHANGE ONLY) to 8/8/2013 at 03:30 PM before Magistrate Judge John M. Roper. (VLK) (Entered: 08/06/2013)
NOTICE of CANCELLED Calendar Setting: Due to the pending Motion to Dismiss for Lack of Jurisdiction 28 , the Telephonic Case Management Conference scheduled for 8/8/2013 at 3:30 PM in this matter will be CANCELLED. (VLK) (Entered: 08/08/2013)
Reset Hearings: TELEPHONIC CASE MANAGEMENT CONFERENCE WILL BE HELD TODAY AT 3:30 P.M. The Court cancelled the Telephonic Case Management Conference set for today at 3:30 PM due to the pending Motion to Dismiss for Lack of Jurisdiction. The current motion is in reference to Plaintiff Eric Ward. The Court has determined that the Telephonic Case Management Conference will MOVE FORWARD TODAY (8/8/2013) at 03:30 PM before Magistrate Judge John M. Roper.

Case: 3:13-cv-00326-WHB-JCG As of: 03/28/2019 03:52 PM CDT 48 of 136

08/08/2013 08/08/2013 08/08/2013 08/14/2013 08/19/2013 08/20/2013
08/20/2013

(VLK) (Entered: 08/08/2013)
TEXT ORDER ONLY The Court finds that 35 PLAINTIFFS UNOPPOSED MOTION FOR ADDITIONAL TIME TO FILE REPLY TO DEFENDANTS RESPONSE IN OPPOSITION TO MOTION FOR PROTECTIVE ORDER AGAINST RETALIATION, INTIMIDATION, AND COERCION should be granted. Plaintiff must file its reply brief on or prior to September 3,2013. No further written order shall be issued by this Court. Signed by Magistrate Judge John M. Roper on August 20,2013 (Nicaud, Jenny) (Entered: 08/08/2013)
AMENDED TEXT ORDER ONLY Pursuant to a conference held on August 8,2013, the Court amends its earlier Text Order to require that Plaintiffs file their reply to the pending Motion for Protective Order 8 on or prior to August 20,2013. Defendants must file any sur−reply brief on or prior to August 26,2013. Plaintiffs' final brief on this issue must be filed on or prior to August 29,2013.All disclosure must be complete on or prior to September 15,2013. No further written order shall be issued by this COurt. Signed by Magistrate Judge John M. Roper on August 8,2013 (Nicaud, Jenny) (Entered: 08/08/2013)
Minute Entry for proceedings held before Magistrate Judge John M. Roper: Telephonic Case Management Conference held on 8/8/2013. (VLK) (Entered: 08/13/2013)
38 CASE MANAGEMENT ORDER: Disclosure due by 9/16/2013. Plaintiff will file a Motion for Class Certification on or prior to 2/1/2014. Scheduling deadlines to be determined upon the Court's ruling on said motion. See attached Order. Signed by Magistrate Judge John M. Roper on 8/14/2013 (VLK) (Entered: 08/14/2013)
TEXT ONLY ORDER granting 28 Motion to Dismiss plaintiff Eric Ward. NO FURTHER WRITTEN ORDER SHALL ISSUE FROM THIS COURT. Issued by District Judge Tom S. Lee on 8/19/13 (LWE) (Entered: 08/19/2013)
39 Response in Support re 8 MOTION for Protective Order Against Retaliation, Intimidation, and Coercion by John Barrett, Dexter Campbell, Tafforest Chandler, Jeffrey Covington, Jermaine Dockery, Anthony Evans, Phillip Fredenburg, Courtney Galloway, Derrick Hayes, Christopher Lindsey, Alvin Luckett, Benjamin McAbee, Joseph Osborne, David Thompson, James Vann, Eric Ward (Owens, Jody), 32 RESPONSE in Opposition re 8 MOTION for Protective Order Against Retaliation, Intimidation, and Coercion filed by Christopher Epps, Archie Longley, Gloria Perry (Attachments: # 1 Exhibit "A" MDOC Inmate Information Sheet, # 2 Exhibit B.1 Medical Record Anthony Evans, # 3 Exhibit B.2 ARP Benjamin McAbee, # 4 Exhibit C ARP and Medical Record Dexter Campbell, # 5 Exhibit D Medical Records Dexter Campbell, # 6 Exhibit E Medical Record Derrick Hayes, # 7 Exhibit F ARP Derrick Hayes, # 8 Exhibit G Medical Records Jermaine Dockery, # 9 Exhibit H ARP Vnell Miskell, # 10 Exhibit I ARP Tracey Brewer, # 11 Exhibit J Medical Records Larry Walker, # 12 Exhibit K ARP Kevin Hamill, # 13 Exhibit L ARP Kevin Hamill)(Pedersen, Robert) filed by John Barrett, Dexter Campbell, Tafforest Chandler, Jeffrey Covington, Jermaine Dockery, Anthony Evans, Phillip Fredenburg, Courtney Galloway, Derrick Hayes, Christopher Lindsey, Alvin Luckett, Benjamin McAbee, Joseph Osborne, David Thompson, James Vann (Owens, Jody) (Entered: 08/20/2013)
40 Response in Support re 8 MOTION for Protective Order Against Retaliation, Intimidation, and Coercion by John Barrett, Dexter Campbell, Tafforest Chandler, Jeffrey Covington, Jermaine Dockery, Anthony Evans, Phillip Fredenburg, Courtney Galloway, Derrick Hayes, Christopher Lindsey, Alvin Luckett, Benjamin McAbee, Joseph Osborne, David Thompson, James Vann, Eric Ward (Owens, Jody), 32 RESPONSE in Opposition re 8 MOTION for Protective Order Against Retaliation, Intimidation, and Coercion filed by Christopher Epps, Archie Longley, Gloria Perry (Attachments: # 1 Exhibit "A" MDOC Inmate Information Sheet, # 2 Exhibit B.1 Medical Record Anthony Evans, # 3 Exhibit B.2 ARP Benjamin McAbee, # 4 Exhibit C ARP and Medical Record Dexter Campbell, # 5 Exhibit D Medical Records Dexter Campbell, # 6 Exhibit E Medical Record Derrick Hayes, # 7 Exhibit F ARP Derrick Hayes, # 8 Exhibit G Medical Records Jermaine Dockery, # 9 Exhibit H ARP Vnell Miskell, # 10 Exhibit I ARP Tracey Brewer, # 11 Exhibit J Medical Records Larry Walker, # 12 Exhibit K ARP Kevin Hamill, # 13 Exhibit L ARP Kevin Hamill)(Pedersen, Robert) filed by John Barrett, Dexter Campbell, Tafforest Chandler,

Case: 3:13-cv-00326-WHB-JCG As of: 03/28/2019 03:52 PM CDT 49 of 136

08/21/2013 08/21/2013 08/26/2013
08/28/2013 08/30/2013 08/30/2013 08/30/2013 08/30/2013 09/04/2013 09/16/2013

Jeffrey Covington, Jermaine Dockery, Anthony Evans, Phillip Fredenburg, Courtney Galloway, Derrick Hayes, Christopher Lindsey, Alvin Luckett, Benjamin McAbee, Joseph Osborne, David Thompson, James Vann (Owens, Jody) (Entered: 08/20/2013)
DOCKET ANNOTATION as to # 39 and 40 : Filed incorrectly. Attorney to file corrected pleading. (cwl) (Entered: 08/21/2013)
41 RESPONSE in Support re 8 MOTION for Protective Order Against Retaliation, Intimidation, and Coercion filed by John Barrett, Dexter Campbell, Tafforest Chandler, Jeffrey Covington, Jermaine Dockery, Anthony Evans, Phillip Fredenburg, Courtney Galloway, Derrick Hayes, Christopher Lindsey, Alvin Luckett, Benjamin McAbee, Joseph Osborne, David Thompson, James Vann (Owens, Jody) (Entered: 08/21/2013)
42 RESPONSE in Opposition re 8 MOTION for Protective Order Against Retaliation, Intimidation, and Coercion DEFENDANTS' SUR−REBUTTAL IN OPPOSITION TO PLAINTIFFS' MOTION FOR A PROTECTIVE ORDER filed by Christopher Epps, Archie Longley, Gloria Perry (Attachments: # 1 Exhibit I Faulks Affidavit, # 2 Exhibit II Willams Declaration, # 3 Exhibit III Moffett Declaration, # 4 Exhibit IV Anglin Declaration, # 5 Exhibit V Smith Declaration, # 6 Exhibit VI Mason Declaration, # 7 Exhibit VII Pulliam Declaration, # 8 Exhibit VIII Collins Affadivit)(Pedersen, Robert) (Entered: 08/26/2013)
43 MOTION for Extension of Time to File Response/Reply as to 42 Response in Opposition to Motion,, for Protective Order by John Barrett, Dexter Campbell, Tafforest Chandler, Jeffrey Covington, Jermaine Dockery, Anthony Evans, Phillip Fredenburg, Courtney Galloway, Derrick Hayes, Christopher Lindsey, Alvin Luckett, Benjamin McAbee, Joseph Osborne, David Thompson, James Vann (Johnson, Elissa) (Entered: 08/28/2013)
AMENDED CASE MANAGEMENT ORDER: The Case Management Order 38 is amended to reflect in Section 6.C: Depositions are limited to the parties, experts, and no more than 25 fact witness depositions per SIDE without additional approval of the Court. All other information contained in the Case Management Order 38 remain the same. Signed by Magistrate Judge John M. Roper on 8/30/2013 (VLK) (Entered: 08/30/2013)
TEXT ONLY ORDER: This matter is before the Court on Plaintiffs' Unopposed Motion for Additional Time 43 to File Sur−Reply to Defendants' Sur−Rebuttal in Opposition to Plaintiffs' Motion for Protective Order, and being fully advised, this Court finds that the motion is well taken and is hereby granted. Plaintiffs' Sur−Reply is due on or before September 4, 2013. No further written order shall be issued. Signed by Magistrate Judge John M. Roper on 8/30/2013 (VLK) (Entered: 08/30/2013)
44 MOTION for Protective Order Governing Protected Health Information by John Barrett, Dexter Campbell, Tafforest Chandler, Jeffrey Covington, Jermaine Dockery, Anthony Evans, Phillip Fredenburg, Courtney Galloway, Derrick Hayes, Christopher Lindsey, Alvin Luckett, Benjamin McAbee, Joseph Osborne, David Thompson, James Vann (Owens, Jody) (Entered: 08/30/2013)
45 MEMORANDUM in Support re 44 MOTION for Protective Order Governing Protected Health Information filed by John Barrett, Dexter Campbell, Tafforest Chandler, Jeffrey Covington, Jermaine Dockery, Anthony Evans, Phillip Fredenburg, Courtney Galloway, Derrick Hayes, Christopher Lindsey, Alvin Luckett, Benjamin McAbee, Joseph Osborne, David Thompson, James Vann (Owens, Jody) (Entered: 08/30/2013)
46 RESPONSE in Support re 8 MOTION for Protective Order Against Retaliation, Intimidation, and Coercion Plaintiffs' Sur−Reply in Support of Motion for Protective Order filed by John Barrett, Dexter Campbell, Tafforest Chandler, Jeffrey Covington, Jermaine Dockery, Anthony Evans, Phillip Fredenburg, Courtney Galloway, Derrick Hayes, Christopher Lindsey, Alvin Luckett, Benjamin McAbee, Joseph Osborne, David Thompson, James Vann (Attachments: # 1 Exhibit 1 Email exchange between Winter, Epps and Vincent)(Johnson, Elissa) (Entered: 09/04/2013)
47 NOTICE of Service of Plaintiffs' Initial Disclosure by John Barrett, Dexter Campbell, Tafforest Chandler, Jeffrey Covington, Jermaine Dockery, Anthony Evans, Phillip

Case: 3:13-cv-00326-WHB-JCG As of: 03/28/2019 03:52 PM CDT 50 of 136

09/16/2013 09/16/2013 09/16/2013 09/16/2013 09/17/2013 09/18/2013
09/19/2013
09/23/2013
10/14/2013 10/14/2013 10/15/2013 10/16/2013

Fredenburg, Courtney Galloway, Derrick Hayes, Christopher Lindsey, Alvin Luckett, Benjamin McAbee, Joseph Osborne, David Thompson, James Vann (Owens, Jody) (Entered: 09/16/2013)
48 NOTICE of Service of Plaintiffs' First Set of Interrogatories by John Barrett, Dexter Campbell, Tafforest Chandler, Jeffrey Covington, Jermaine Dockery, Anthony Evans, Phillip Fredenburg, Courtney Galloway, Derrick Hayes, Christopher Lindsey, Alvin Luckett, Benjamin McAbee, Joseph Osborne, David Thompson, James Vann (Owens, Jody) (Entered: 09/16/2013)
49 NOTICE of Service of Plaintiffs' First Set of Request for Production by John Barrett, Dexter Campbell, Tafforest Chandler, Jeffrey Covington, Jermaine Dockery, Anthony Evans, Phillip Fredenburg, Courtney Galloway, Derrick Hayes, Christopher Lindsey, Alvin Luckett, Benjamin McAbee, Joseph Osborne, David Thompson, James Vann (Owens, Jody) (Entered: 09/16/2013)
50 NOTICE of Service of Defendants' Pre−Discovery Disclosure by Christopher Epps, Archie Longley, Gloria Perry (Friedman, Gary) (Entered: 09/16/2013)
51 MOTION for Extension of Time to File Response/Reply as to 44 MOTION for Protective Order Governing Protected Health Information by Christopher Epps, Archie Longley, Gloria Perry (Pedersen, Robert) (Entered: 09/16/2013)
TEXT ORDER ONLY The Court finds that Defendants' 51 Motion for Extension of Time to File Response to Motion for Protective Order 44 is well taken. Defendants must respond to the pending Motion for Protective Order on or prior to September 19,2013.No further written order shall be issued by this Court. Signed by Magistrate Judge John M. Roper on September 17,2013 (Nicaud, Jenny) (Entered: 09/17/2013)
52 Response in Opposition re 44 MOTION for Protective Order Governing Protected Health Information by John Barrett, Dexter Campbell, Tafforest Chandler, Jeffrey Covington, Jermaine Dockery, Anthony Evans, Phillip Fredenburg, Courtney Galloway, Derrick Hayes, Christopher Lindsey, Alvin Luckett, Benjamin McAbee, Joseph Osborne, David Thompson, James Vann (Owens, Jody) filed by Christopher Epps, Archie Longley, Gloria Perry (Attachments: # 1 Exhibit "A" Draft Protective Order)(Pedersen, Robert) (Entered: 09/18/2013)
DOCKET ANNOTATION as to # 52 : Proposed orders are not to be electronically filed as a separate pleading or as an attachment to a pleading, but instead are to be provided to chambers by e−mail (Court's Administrative Procedures for Electronic Case Filing Sec.5.B.). (cwl) Modified on 9/20/2013 − Attorney Robert H. Pedersen notified the court that this wasn't his proposed order. He was simply referencing it, (52) Response in Opposition re 44 MOTION for Protective Order (cwl). Modified on 9/20/2013 (cwl). (Entered: 09/19/2013)
53 REPLY to Response to Motion re 44 MOTION for Protective Order Governing Protected Health Information filed by John Barrett, Dexter Campbell, Tafforest Chandler, Jeffrey Covington, Jermaine Dockery, Anthony Evans, Phillip Fredenburg, Courtney Galloway, Derrick Hayes, Christopher Lindsey, Alvin Luckett, Benjamin McAbee, Joseph Osborne, David Thompson, James Vann, Eric Ward (Eber − PHV, Gabriel) (Entered: 09/23/2013)
54 ***ERROR***DISREGARD THIS ENTRY. SEE CORRECTED ENTRY 54 . Unopposed MOTION for Extension of Time to File Response/Reply To Plaintiffs' First Set of Interrogatories and Requests for Production of Documents by Christopher Epps, Archie Longley, Gloria Perry (Friedman, Gary) Modified on 10/16/2013 (cwl). (Entered: 10/14/2013)
55 Unopposed MOTION for Extension of Time to File Response/Reply To Plaintiffs' First Set of Interrogatories and Requests for Production of Documents by Christopher Epps, Archie Longley, Gloria Perry (Friedman, Gary) (Entered: 10/14/2013)
DOCKET ANNOTATION as to # 54 :Incorrecct pdf attached. See corrected entry 55 . Motion 54 termed. (cwl) (Entered: 10/15/2013)
TEXT ONLY ORDER: This matter is before the Court on Defendants, Christopher Epps, Gloria Perry and Archie Longley's Unopposed Motion for Extension of Time 55 to serve their responses to Plaintiffs' First Set of Interrogatories and Requests for

Case: 3:13-cv-00326-WHB-JCG As of: 03/28/2019 03:52 PM CDT 51 of 136

10/21/2013 11/22/2013
11/22/2013 11/27/2013 11/27/2013 01/16/2014 01/16/2014 01/27/2014 01/30/2014 02/03/2014 02/13/2014 02/13/2014
02/13/2014
02/13/2014 02/14/2014

Production of Documents, and being fully advised, the Court finds the motion is well taken and is hereby granted. Said defendants are granted up to and including November 30, 2013 to serve their responses to Plaintiffs' First Set of Interrogatories and Requests for Production of Documents. No further written order shall be issued by this Court. Signed by Magistrate Judge John M. Roper on 10/16/2013 (VLK) (Entered: 10/16/2013)
56 NOTICE of Appearance by John Morgan Stephens, IV on behalf of Christopher Epps, Archie Longley, Gloria Perry (Stephens, John) (Entered: 10/21/2013)
TEXT ORDER ONLY The Court finds that the Motions 44 and 8 for Protective Order should be granted. The Court will enter the Protective Order. No further written order shall be issued by this Court. Signed by Magistrate Judge John M. Roper on November 22,2013 (Nicaud, Jenny) (Entered: 11/22/2013)
57 PROTECTIVE ORDER. Signed by Magistrate Judge John M. Roper on 11/22/2013 (VLK) (Entered: 11/22/2013)
58 NOTICE of Service of Defendants' Response to Interrogatories by Christopher Epps, Archie Longley, Gloria Perry (Stephens, John) (Entered: 11/27/2013)
59 NOTICE of Service of Defendants' Response to Request for Production by Christopher Epps, Archie Longley, Gloria Perry (Stephens, John) (Entered: 11/27/2013)
60 NOTICE of Service of Defendants' First Set of Interrogatories by Christopher Epps, Archie Longley, Gloria Perry (Stephens, John) (Entered: 01/16/2014)
61 NOTICE of Service of Defendants' Request for Production by Christopher Epps, Archie Longley, Gloria Perry (Stephens, John) (Entered: 01/16/2014)
62 Joint MOTION to Amend/Correct Scheduling Order by Christopher Epps, Archie Longley, Gloria Perry (Stephens, John) (Entered: 01/27/2014)
Set/Reset Hearings: Telephonic Status Conference set for 2/6/2014 11:00 AM before Magistrate Judge John M. Roper re pending Motion to Amend Scheduling Order 62 . Plaintiffs to initiate the conference call. (Nicaud, Jenny) (Entered: 01/30/2014)
Reset Hearing: Due to a conflict with the Court's calendar, the Telephonic Status Conference is RESET to 2/13/2014 at 09:45 AM before Magistrate Judge John M. Roper. Plaintiffs' counsel to initiate the conference call. (VLK) (Entered: 02/03/2014)
63 PROTECTIVE ORDER. Signed by Magistrate Judge John M. Roper on 2/13/2014 (VLK) (Entered: 02/13/2014)
Minute Entry for proceedings held before Magistrate Judge John M. Roper: Motion Hearing held on 2/13/2014 re 62 Joint MOTION to Amend/Correct Scheduling Order filed by Christopher Epps, Archie Longley, Gloria Perry, Status Conference held on 2/13/2014 (Nicaud, Jenny) (Entered: 02/13/2014)
TEXT ORDER ONLY Pursuant to a conference held on February 13,2014, the Court finds the Joint 62 Motion to Amend Scheduling Order. The Court finds that Plaintiffs' Motion for Class Certification must be filed on or prior to July 18,2014. Plaintiffs' expert designation deadline is extended to May 16,2014 and defendants' expert designation deadline is extended to June 16,2014. No further written order shall be issued by this Court. Signed by Magistrate Judge John M. Roper on February 13,2014 (Nicaud, Jenny) (Entered: 02/13/2014)
Set/Reset Deadlines: Designate Experts Plaintiff Deadline due by 5/16/2014 Designate Experts for Defendant Deadline due by 6/16/2014 Motions due by 7/18/2014 (Nicaud, Jenny) (Entered: 02/13/2014)
64 MOTION for Extension of Time to File Response/Reply to Defendants' First Set of Interrogatories and Requests for Production of Documents by John Barrett, Dexter Campbell, Tafforest Chandler, Jeffrey Covington, Jermaine Dockery, Anthony Evans, Phillip Fredenburg, Courtney Galloway, Derrick Hayes, Christopher Lindsey, Alvin Luckett, Benjamin McAbee, Joseph Osborne, David Thompson, James Vann (Owens, Jody) (Entered: 02/14/2014)

Case: 3:13-cv-00326-WHB-JCG As of: 03/28/2019 03:52 PM CDT 52 of 136

02/18/2014 02/18/2014 02/18/2014 02/25/2014 02/25/2014 02/25/2014 02/25/2014
02/25/2014 02/25/2014
02/25/2014 02/25/2014
02/25/2014 02/26/2014 02/26/2014

65 Subpoena Returned 2/5/14 as to Captain Matthew Naidow. (Owens, Jody) (Entered: 02/18/2014)
66 Subpoena Returned 2/14/14 as to Mississippi Department of Corrections. (Attachments: # 1 Exhibit Notice of 30(b)(6) Deposition)(Owens, Jody) (Entered: 02/18/2014)
TEXT ORDER ONLY The Court finds Plaintiff must fully respond to Defendants' propounded discovery on or prior to March 31,2014. Thus, the Court grants Plaintiffs' unopposed 64 Motion for Extension of Time to File Response/Reply. No further written order shall be issued by this Court. Signed by Magistrate Judge John M. Roper on February 18,2014 (Nicaud, Jenny) (Entered: 02/18/2014)
67 NOTICE of Subpoena to Produce Documents by John Barrett, Dexter Campbell, Tafforest Chandler, Jeffrey Covington, Jermaine Dockery, Anthony Evans, Phillip Fredenburg, Courtney Galloway, Derrick Hayes, Christopher Lindsey, Alvin Luckett, Benjamin McAbee, Joseph Osborne, David Thompson, James Vann (Attachments: # 1 Exhibit A Subpoena To Produce Documents)(Owens, Jody) (Entered: 02/25/2014)
68 NOTICE of Subpoena to Produce Documents by John Barrett, Dexter Campbell, Tafforest Chandler, Jeffrey Covington, Jermaine Dockery, Anthony Evans, Phillip Fredenburg, Courtney Galloway, Derrick Hayes, Christopher Lindsey, Alvin Luckett, Benjamin McAbee, Joseph Osborne, David Thompson, James Vann (Attachments: # 1 Exhibit A Subpoena to Produce Documents)(Owens, Jody) (Entered: 02/25/2014)
69 NOTICE of Subpoena to Produce Documents by John Barrett, Dexter Campbell, Tafforest Chandler, Jeffrey Covington, Jermaine Dockery, Anthony Evans, Phillip Fredenburg, Courtney Galloway, Derrick Hayes, Christopher Lindsey, Alvin Luckett, Benjamin McAbee, Joseph Osborne, David Thompson, James Vann (Attachments: # 1 Exhibit A Subpoena to Produce Documents)(Owens, Jody) (Entered: 02/25/2014)
70 MOTION for Brendan Parets to Appear Pro Hac Vice by John Barrett, Dexter Campbell, Tafforest Chandler, Jeffrey Covington, Jermaine Dockery, Anthony Evans, Phillip Fredenburg, Courtney Galloway, Derrick Hayes, Christopher Lindsey, Alvin Luckett, Benjamin McAbee, Joseph Osborne, David Thompson, James Vann (Attachments: # 1 Exhibit A Certificate of Good Standing State of New York, # 2 Exhibit B Certificate of Good Standing District of Columbia)(Owens, Jody) (Entered: 02/25/2014)
Pro Hac Vice fee paid for Bredan Parets receipt number 0538−2626073 $ 100 (Owens, Jody) (Entered: 02/25/2014)
71 MOTION for Xinping Zhu to Appear Pro Hac Vice by John Barrett, Dexter Campbell, Tafforest Chandler, Jeffrey Covington, Jermaine Dockery, Anthony Evans, Phillip Fredenburg, Courtney Galloway, Derrick Hayes, Christopher Lindsey, Alvin Luckett, Benjamin McAbee, Joseph Osborne, David Thompson, James Vann (Attachments: # 1 Exhibit A Certificate of Good Standing State of New York)(Owens, Jody) (Entered: 02/25/2014)
Pro Hac Vice fee paid for Xinping Zhu receipt number 0538−2626110 $ 100 (Owens, Jody) (Entered: 02/25/2014)
72 MOTION for Mari K. Bonthuis to Appear Pro Hac Vice by John Barrett, Dexter Campbell, Tafforest Chandler, Jeffrey Covington, Jermaine Dockery, Anthony Evans, Phillip Fredenburg, Courtney Galloway, Derrick Hayes, Christopher Lindsey, Alvin Luckett, Benjamin McAbee, Joseph Osborne, David Thompson, James Vann (Attachments: # 1 Exhibit A Certificate of Good Standing State of New York)(Owens, Jody) (Entered: 02/25/2014)
Pro Hac Vice fee paid for Mari K. Bonthuis receipt number 0538−2626132 $ 100 (Owens, Jody) (Entered: 02/25/2014)
73 Subpoena Returned Executed as to Health Assurance, LLC. (Attachments: # 1 Exhibit A Notice of 30(b)(6) Deposition to Health Assurance, LLC)(Owens, Jody) (Entered: 02/26/2014)
74 Subpoena Returned Executed as to Management & Training Corporation. (Attachments: # 1 Exhibit A Notice of 30(b)(6) Deposition to Management & Training

Case: 3:13-cv-00326-WHB-JCG As of: 03/28/2019 03:52 PM CDT 53 of 136

02/26/2014 02/28/2014
02/28/2014 02/28/2014 02/28/2014 02/28/2014 03/03/2014 03/03/2014
03/03/2014 03/03/2014 03/05/2014 03/05/2014

Corporation)(Owens, Jody) (Entered: 02/26/2014)
75 Subpoena Returned Executed as to Health Assurance, LLC. (Attachments: # 1 Exhibit A Notice of Subpoena to Produce Documents)(Owens, Jody) (Entered: 02/26/2014)
TEXT ORDER ONLY The Court finds that Brendan Parets, Xinping Zhu and Mari Bonthuis 's Motions 70 71 72 to Appear Pro Hac Vice should be granted in association with local counsel, upon payment of the appropriate fee and registration for electronic filing as required by this Court. No further written order shall be issued by this Court. Signed by Magistrate Judge John M. Roper on February 28,2014 (Nicaud, Jenny) (Entered: 02/28/2014)
76 NOTICE to Take Deposition of Mississippi Department of Corrections by John Barrett, Dexter Campbell, Tafforest Chandler, Jeffrey Covington, Jermaine Dockery, Anthony Evans, Phillip Fredenburg, Courtney Galloway, Derrick Hayes, Christopher Lindsey, Alvin Luckett, Benjamin McAbee, Joseph Osborne, David Thompson, James Vann (Owens, Jody) (Entered: 02/28/2014)
77 NOTICE to Take Deposition of Health Assurance, LLC by John Barrett, Dexter Campbell, Tafforest Chandler, Jeffrey Covington, Jermaine Dockery, Anthony Evans, Phillip Fredenburg, Courtney Galloway, Derrick Hayes, Christopher Lindsey, Alvin Luckett, Benjamin McAbee, Joseph Osborne, David Thompson, James Vann (Owens, Jody) (Entered: 02/28/2014)
78 NOTICE to Take Deposition of Captain Matthew Naidow by John Barrett, Dexter Campbell, Tafforest Chandler, Jeffrey Covington, Jermaine Dockery, Anthony Evans, Phillip Fredenburg, Courtney Galloway, Derrick Hayes, Christopher Lindsey, Alvin Luckett, Benjamin McAbee, Joseph Osborne, David Thompson, James Vann (Owens, Jody) (Entered: 02/28/2014)
79 NOTICE to Take Deposition of Management & Training Corporation by John Barrett, Dexter Campbell, Tafforest Chandler, Jeffrey Covington, Jermaine Dockery, Anthony Evans, Phillip Fredenburg, Courtney Galloway, Derrick Hayes, Christopher Lindsey, Alvin Luckett, Benjamin McAbee, Joseph Osborne, David Thompson, James Vann (Owens, Jody) (Entered: 02/28/2014)
80 NOTICE of Plaintiffs' Request for Entry Upon Land for Inspection and Other Purposes by Eldon Vail by John Barrett, Dexter Campbell, Tafforest Chandler, Jeffrey Covington, Jermaine Dockery, Anthony Evans, Phillip Fredenburg, Courtney Galloway, Derrick Hayes, Christopher Lindsey, Alvin Luckett, Benjamin McAbee, Joseph Osborne, David Thompson, James Vann (Owens, Jody) (Entered: 03/03/2014)
81 NOTICE of Plaintiffs' Request for Entry Upon Land for Inspection and Other Purposes by Madeleine LaMarre by John Barrett, Dexter Campbell, Tafforest Chandler, Jeffrey Covington, Jermaine Dockery, Anthony Evans, Phillip Fredenburg, Courtney Galloway, Derrick Hayes, Christopher Lindsey, Alvin Luckett, Benjamin McAbee, Joseph Osborne, David Thompson, James Vann (Owens, Jody) (Entered: 03/03/2014)
82 NOTICE of Plaintiffs' Request for Entry Upon Land for Inspection and Other Purposes by Marc Stern by John Barrett, Dexter Campbell, Tafforest Chandler, Jeffrey Covington, Jermaine Dockery, Anthony Evans, Phillip Fredenburg, Courtney Galloway, Derrick Hayes, Christopher Lindsey, Alvin Luckett, Benjamin McAbee, Joseph Osborne, David Thompson, James Vann (Owens, Jody) (Entered: 03/03/2014)
83 NOTICE of Plaintiffs' Request for Entry Upon Land for Inspection and Other Purposes by Terry Kupers by John Barrett, Dexter Campbell, Tafforest Chandler, Jeffrey Covington, Jermaine Dockery, Anthony Evans, Phillip Fredenburg, Courtney Galloway, Derrick Hayes, Christopher Lindsey, Alvin Luckett, Benjamin McAbee, Joseph Osborne, David Thompson, James Vann (Owens, Jody) (Entered: 03/03/2014)
84 Subpoena Returned Executed as to Captain Matthew Naidow. (Owens, Jody) (Entered: 03/05/2014)
85 Subpoena Returned Executed as to GEO Group, Inc.. (Attachments: # 1 Exhibit A Subpoena Duces Tecum)(Owens, Jody) (Entered: 03/05/2014)

Case: 3:13-cv-00326-WHB-JCG As of: 03/28/2019 03:52 PM CDT 54 of 136

03/05/2014 03/07/2014 03/13/2014 03/14/2014
03/14/2014 03/17/2014 03/17/2014 03/17/2014
03/17/2014 03/18/2014

86 Subpoena Returned Executed as to Management & Training Corporation. (Attachments: # 1 Exhibit A Subpoena Duces Tecum)(Owens, Jody) (Entered: 03/05/2014)
87 NOTICE of Plaintiffs' Request for Entry Upon Land for Inspection and Other Purposes by Diane Skipworth by John Barrett, Dexter Campbell, Tafforest Chandler, Jeffrey Covington, Jermaine Dockery, Anthony Evans, Phillip Fredenburg, Courtney Galloway, Derrick Hayes, Christopher Lindsey, Alvin Luckett, Benjamin McAbee, Joseph Osborne (Owens, Jody) (Entered: 03/07/2014)
TEXT ONLY ORDER: Before the Court is Plaintiffs' ore tenus Motion to Exclude Warden of the East Mississippi Correctional Facility from the deposition of the employee, the Court hereby grants said motion based on the fact that he is a potential witness and not the trial representative of any defendant at this time. No further written order shall be issued by this Court. Signed by Magistrate Judge John M. Roper on 3/13/2014 (VLK) (Entered: 03/13/2014)
88 MOTION to Expedite, MOTION to Intervene, MOTION for Protective Order by Management & Training Corporation (MTC) (Attachments: # 1 Exhibit 1 − Letter from Jody Owens (6/12/13), # 2 Exhibit 2 − Declaration of Rick Widner, # 3 Exhibit 3 − Declaration of Marjorie Brown, # 4 Exhibit 4 − Email from Jody Owens (11/13/13), # 5 Exhibit 5 −Email form Gary Friedman (12/11/13), # 6 Exhibit 6 − Email from Gary Friedman 2/19/14), # 7 Exhibit 7 −Email form Jody Owens (2/25/14), # 8 Exhibit 8 − Email from Gary Friedman (2/27/14), # 9 Exhibit 9 − Email from Jody Owens (2/28/14), # 10 Exhibit 10 − Good Faith Certificate)(Harvey, William). Added MOTION to Intervene, MOTION for Protective Order on 3/17/2014 (PKM). Modified on 3/17/2014 (PKM). (Entered: 03/14/2014)
89 MEMORANDUM in Support re 88 MOTION to Expedite, MOTION to Intervene, MOTION for Protective Order filed by Management & Training Corporation (MTC) (Harvey, William) Modified on 3/17/2014 (PKM). (Entered: 03/14/2014)
TEXT ORDER ONLY The Court finds that Management Training Corporation's unopposed 88 Motion to Intervene has been given expedited consideration and is granted. Parties are directed to submit an agreed Protective Order. No further written order shall be issued by this Court. Signed by Magistrate Judge John M. Roper on March 17,2014 (Nicaud, Jenny) (Entered: 03/17/2014)
DOCKET ANNOTATION as to 88 and 89 : Document 88 requests several motion reliefs. Every motion relief should be selected from the list of motion titles or each relief docketed separately. The same PDF document may be used for all motion filing entries. It is not necessary to refile as court staff has made the necessary correction. Attorney is advised to follow this procedure in future filings. These docket entries also have been modified to select the correct party that documents were filed on behalf. Clerk's office has made this modification also. (PKM) (Entered: 03/17/2014)
90 MOTION for Protective Order Managment & Training Corporation's Expedited Motion for Protective Order by Management & Training Corporation (MTC) (Attachments: # 1 Exhibit 1 − Letter from Jody Owens (June 12, 2013), # 2 Exhibit 2 − Declaration of Rick Widner, # 3 Exhibit 3 − Declaration of Marjorie Brown, # 4 Exhibit 4 − Email From Jody Owens (November 13, 2013), # 5 Exhibit 5 − Email from Gary Friedman (December 11, 2013), # 6 Exhibit 6 − Email from Gary Friedman (February 19, 2014, # 7 Exhibit 7 − Email from Jody Owens (February 25, 2014), # 8 Exhibit 8 − Email from Gary Friedman (February 27, 2014), # 9 Exhibit 9 − Email from Jody Owens ( February 28, 2014), # 10 Exhibit 10 − Good Faith Certificate, # 11 Exhibit 11 − Proposed Protective Order)(Harvey, William) Modified on 3/18/2014 (PKM). (Entered: 03/17/2014)
91 MEMORANDUM IN SUPPORT re 90 MOTION for Protective Order Managment & Training Corporation's Expedited Motion for Protective Order filed by Management & Training Corporation (MTC) (Harvey, William) Modified on 3/18/2014 (PKM). (Entered: 03/17/2014)
DOCKET ANNOTATION as to 90 and 91 : Attorney's office called to advise that incorrect relief (motion to expedite) was selected. Clerk's office has modified entries to reflect that motion is a Motion for Protective Order. (PKM) (Entered: 03/18/2014)

Case: 3:13-cv-00326-WHB-JCG As of: 03/28/2019 03:52 PM CDT 55 of 136

03/21/2014
03/21/2014
03/21/2014
03/21/2014
03/21/2014 03/21/2014 03/21/2014 03/21/2014 03/21/2014 03/21/2014 03/21/2014

92 Response in Opposition re 80 NOTICE of Plaintiffs' Request for Entry Upon Land for Inspection and Other Purposes by Eldon Vail by John Barrett, Dexter Campbell, Tafforest Chandler, Jeffrey Covington, Jermaine Dockery, Anthony Evans, Phillip Fredenburg, Courtney Galloway, Derrick Hayes, Christopher Lindsey, Alvin Luckett, Benjamin McAbee, Joseph Osborne, David Thompson, James Vann (Owens, Jody) filed by Christopher Epps, Archie Longley, Gloria Perry (Stephens, John) (Entered: 03/21/2014)
93 Response in Opposition re 81 NOTICE of Plaintiffs' Request for Entry Upon Land for Inspection and Other Purposes by Madeleine LaMarre by John Barrett, Dexter Campbell, Tafforest Chandler, Jeffrey Covington, Jermaine Dockery, Anthony Evans, Phillip Fredenburg, Courtney Galloway, Derrick Hayes, Christopher Lindsey, Alvin Luckett, Benjamin McAbee, Joseph Osborne, David Thompson, James Vann (Owens, Jody) filed by Christopher Epps, Archie Longley, Gloria Perry (Stephens, John) (Entered: 03/21/2014)
94 Response in Opposition re 82 NOTICE of Plaintiffs' Request for Entry Upon Land for Inspection and Other Purposes by Marc Stern by John Barrett, Dexter Campbell, Tafforest Chandler, Jeffrey Covington, Jermaine Dockery, Anthony Evans, Phillip Fredenburg, Courtney Galloway, Derrick Hayes, Christopher Lindsey, Alvin Luckett, Benjamin McAbee, Joseph Osborne, David Thompson, James Vann (Owens, Jody) filed by Christopher Epps, Archie Longley, Gloria Perry (Stephens, John) (Entered: 03/21/2014)
95 Response in Opposition re 83 NOTICE of Plaintiffs' Request for Entry Upon Land for Inspection and Other Purposes by Terry Kupers by John Barrett, Dexter Campbell, Tafforest Chandler, Jeffrey Covington, Jermaine Dockery, Anthony Evans, Phillip Fredenburg, Courtney Galloway, Derrick Hayes, Christopher Lindsey, Alvin Luckett, Benjamin McAbee, Joseph Osborne, David Thompson, James Vann (Owens, Jody) filed by Christopher Epps, Archie Longley, Gloria Perry (Stephens, John) (Entered: 03/21/2014)
96 Response in Opposition re 87 NOTICE of Plaintiffs' Request for Entry Upon Land for Inspection and Other Purposes by Diane Skipworth by John Barrett, Dexter Campbell, Tafforest Chandler, Jeffrey Covington, Jermaine Dockery, Anthony Evans, Phillip Fredenburg, Courtney Galloway, Derrick Hayes, Christopher Lindsey, Alvin Luckett, Benjamin McAbee, Joseph Osborne (Owens, Jody) filed by Christopher Epps, Archie Longley, Gloria Perry (Stephens, John) (Entered: 03/21/2014)
97 NOTICE of Service of Defendants' Response To Plaintiff's Request for Entry Upon Land for Inspection and Other Purposes by Eldon Vail by Christopher Epps, Archie Longley, Gloria Perry re 80 Notice (Other), (Stephens, John) (Entered: 03/21/2014)
98 NOTICE of Service of Defendants' Response To Plaintiff's Request for Entry Upon Land for Inspection and Other Purposes by Madeleine LaMarre by Christopher Epps, Archie Longley, Gloria Perry re 81 Notice (Other), (Stephens, John) (Entered: 03/21/2014)
99 NOTICE of Service of Defendants' Response To Plaintiff's Request for Entry Upon Land for Inspection and Other Purposes by Marc Stern by Christopher Epps, Archie Longley, Gloria Perry re 82 Notice (Other), (Stephens, John) (Entered: 03/21/2014)
100 NOTICE of Service of Defendants' Response To Plaintiff's Request for Entry Upon Land for Inspection and Other Purposes by Terry Kupers by Christopher Epps, Archie Longley, Gloria Perry re 83 Notice (Other), (Stephens, John) (Entered: 03/21/2014)
101 NOTICE of Service of Defendants' Response To Plaintiff's Request for Entry Upon Land for Inspection and Other Purposes by Diane Skipworth by Christopher Epps, Archie Longley, Gloria Perry re 87 Notice (Other), (Stephens, John) (Entered: 03/21/2014)
102 Unopposed MOTION for Extension of Time to File Response/Reply as to 85 Subpoena Returned Executed to the GEO Group, Inc. by John Barrett, Dexter Campbell, Tafforest Chandler, Jeffrey Covington, Jermaine Dockery, Anthony Evans, Phillip Fredenburg, Courtney Galloway, Derrick Hayes, Christopher Lindsey, Alvin Luckett, Benjamin McAbee, Joseph Osborne, David Thompson, James Vann (Johnson, Elissa) (Entered: 03/21/2014)

Case: 3:13-cv-00326-WHB-JCG As of: 03/28/2019 03:52 PM CDT 56 of 136

03/24/2014
03/31/2014 03/31/2014 03/31/2014
04/07/2014 04/08/2014 04/14/2014 04/14/2014 04/14/2014 04/14/2014 04/14/2014 04/17/2014

TEXT ONLY ORDER: This matter is before the Court on Plaintiffs' Motion 102 for Extension of Time for the GEO Group, Inc. to Respond to Plaintiffs' Subpoena Duces Tecum. Being fully advised, the Court finds the motion is well taken and is hereby granted. The GEO Group, Inc. has up to and including March 31, 2014 to respond or object to the subpoena. No further written order shall be issued by this Court. Signed by Magistrate Judge John M. Roper on 3/24/2014 (VLK) (Entered: 03/24/2014)
103 NOTICE of Service of Response to Interrogatories by John Barrett, Dexter Campbell, Tafforest Chandler, Jeffrey Covington, Jermaine Dockery, Anthony Evans, Phillip Fredenburg, Courtney Galloway, Derrick Hayes, Christopher Lindsey, Alvin Luckett, Benjamin McAbee, Joseph Osborne, David Thompson, James Vann (Owens, Jody) (Entered: 03/31/2014)
104 NOTICE of Service of Response to Request for Production by John Barrett, Dexter Campbell, Tafforest Chandler, Jeffrey Covington, Jermaine Dockery, Anthony Evans, Phillip Fredenburg, Courtney Galloway, Derrick Hayes, Christopher Lindsey, Alvin Luckett, Benjamin McAbee, Joseph Osborne, David Thompson, James Vann (Owens, Jody) (Entered: 03/31/2014)
105 RESPONSE in Opposition re 90 MOTION for Protective Order filed by John Barrett, Dexter Campbell, Tafforest Chandler, Jeffrey Covington, Jermaine Dockery, Anthony Evans, Phillip Fredenburg, Courtney Galloway, Derrick Hayes, Christopher Lindsey, Alvin Luckett, Benjamin McAbee, Joseph Osborne, David Thompson, James Vann (Attachments: # 1 Exhibit Ex. A− Pl. First RFP to Def., # 2 Exhibit Ex. B−Decl. of Jody Owens, II, # 3 Exhibit Ex. C− E−mail from G. Friedman, 10/3/13, # 4 Exhibit Ex. D−E−mail from G. Friedman, 11/8/13, # 5 Exhibit Ex. E−Email from J. Owens, 1/17/14, # 6 Exhibit Ex. F−Email from G. Friedman, 1/23/14, # 7 Exhibit Ex. G−Notice of 30(b)(6) Deposition to MTC)(Owens, Jody) (Entered: 03/31/2014)
106 MOTION for Extension of Time to File Response/Reply as to 90 MOTION for Protective Order by Management & Training Corporation (MTC) (Harvey, William) (Entered: 04/07/2014)
TEXT ORDER ONLY The Court finds that Intervenor Management & Training Corporation's Motion for Extension of Time 106 to April 14, 2014 to file a Reply in Support of its Motion for Protective Order is granted.No further written order shall be issued by this Court. Signed by Magistrate Judge John M. Roper on April 8,2014 (Nicaud, Jenny) (Entered: 04/08/2014)
107 MOTION for Extension of Time to File Response/Reply as to 85 Subpoena Returned to GEO Group, Inc. by John Barrett, Dexter Campbell, Tafforest Chandler, Jeffrey Covington, Jermaine Dockery, Anthony Evans, Phillip Fredenburg, Courtney Galloway, Derrick Hayes, Christopher Lindsey, Alvin Luckett, Benjamin McAbee, Joseph Osborne, David Thompson, James Vann (Owens, Jody) (Entered: 04/14/2014)
108 RESPONSE in Support re 90 MOTION for Protective Order filed by Management & Training Corporation (MTC) (Harvey, William) (Entered: 04/14/2014)
109 Joinder in Document by Christopher Epps, Archie Longley, Gloria Perry to 90 MOTION for Protective Order filed by Management & Training Corporation (MTC) (Pizzetta, Harold) (Entered: 04/14/2014)
110 AGREED ORDER granting 107 Plaintiffs' Motion for Extension of Time. GEO is granted additional time until April 17, 2014 to Respond or otherwise object to Plaintiffs' Subpoena Duces Tecum 85 . Signed by Magistrate Judge John M. Roper on 4/14/2014 (VLK) (Entered: 04/14/2014)
111 NOTICE of Service of Plaintiffs' Second Set of Request for Production by John Barrett, Dexter Campbell, Tafforest Chandler, Jeffrey Covington, Jermaine Dockery, Anthony Evans, Phillip Fredenburg, Courtney Galloway, Derrick Hayes, Christopher Lindsey, Alvin Luckett, Benjamin McAbee, Joseph Osborne, David Thompson, James Vann (Owens, Jody) (Entered: 04/14/2014)
112 MOTION to Expedite Motion for Special Discovery Relief by John Barrett, Dexter Campbell, Tafforest Chandler, Jeffrey Covington, Jermaine Dockery, Anthony Evans, Phillip Fredenburg, Courtney Galloway, Derrick Hayes, Christopher Lindsey, Alvin Luckett, Benjamin McAbee, Joseph Osborne, David Thompson, James Vann (Attachments: # 1 Exhibit Ex. 1 HALLC's Contract with MDOC, # 2 Exhibit Ex. 2

Case: 3:13-cv-00326-WHB-JCG As of: 03/28/2019 03:52 PM CDT 57 of 136

04/17/2014 04/21/2014 04/21/2014 04/24/2014
04/24/2014 04/29/2014 05/01/2014 05/02/2014

Relevant Excerpts from 30(b)(6) Deposition Testimony of LaGrand Elliot, # 3 Exhibit Ex. 3 Letter from Jody Owens to Melvin Priester, July 30, 2012, # 4 Exhibit Ex. 4 Email from Jody Owens to Defendants' attorneys, Septermber 18, 2013, # 5 Exhibit Ex. 5 Decl. of Jody Owens, # 6 Exhibit Ex. 6 Emails from Xinping Zhu to Robert Pedersen, March 14, 2014, # 7 Exhibit Ex. 7 Emails from Xinping Zhu to Robert Pedersen, March 19, 2014, # 8 Exhibit Ex. 8 Emails from Xinping Zhu to Robert Pedersen, March 24, 2014, # 9 Exhibit Ex. 9 Emails from Xinping Zhu to Robert Pedersen, March 31, 2014)(Owens, Jody) (Entered: 04/17/2014)
113 MEMORANDUM in Support re 112 MOTION to Expedite Motion for Special Discovery Relief filed by John Barrett, Dexter Campbell, Tafforest Chandler, Jeffrey Covington, Jermaine Dockery, Anthony Evans, Phillip Fredenburg, Courtney Galloway, Derrick Hayes, Christopher Lindsey, Alvin Luckett, Benjamin McAbee, Joseph Osborne, David Thompson, James Vann (Owens, Jody) (Entered: 04/17/2014)
Minute Entry for proceedings held before Magistrate Judge John M. Roper: Telephone Conference held on 4/21/2014. Participants: Jody Owens, Mari Bonthuis, Ajmel Quereshi and Elissa Johnson for Plaintiffs and Gary Friedman and Robert Pedersen for Defendants. (VLK) (Entered: 04/21/2014)
TEXT ONLY ORDER: A Telephonic Conference was held on 4/21/2014 regarding a conflict as to the 30(b)(6) deposition and the effect same is having on the upcoming deadlines. After hearing from both sides, it is the ruling of the Court to extend the following deadlines: Plaintiffs' Expert Designation is extended to June 16, 2014; Defendants' Expert Designation is extended to July 16, 2014 and the deadline for filing a Motion for Class Action is extended to August 18, 2014. NO FURTHER WRITTEN ORDER SHALL BE ISSUED FROM THIS COURT. Signed by Magistrate Judge John M. Roper on 4/21/2014. (VLK) (Entered: 04/21/2014)
TEXT ONLY ORDER to amend the protective order 57 entered in this case November 22, 2013, at the request of the parties. Paragraph 9 is amended to insert text into line 3 to read as follows: Plaintiffs' Counsel Access: Plaintiffs may have access through the Disclosure and Discovery Rules in Title V of the Federal Rules of Civil Procedure to health care records or other documents containing PHI or IIHI for inmates who have been incarcerated at East Mississippi Correctional Facility from January 1, 2012, and thereafter even if the inmate is not currently incarcerated at East Mississippi Correctional Facility in the possession and control of the Mississippi Department of Corrections (MDOC) or its employees, agents, contractors, and subcontractors that relate to the medical (including optical and dental) or mental health care of prisoners currently housed or who have been housed or who will be housed at the East Mississippi Correctional Facility (EMCF) that may otherwise be subject to confidentiality restrictions. NO FURTHER WRITTEN ORDER SHALL ISSUE FROM THIS COURT. Signed by Magistrate Judge John M. Roper on 4/24/2014. (HH) (Entered: 04/24/2014)
114 MOTION for Extension of Time to File Response/Reply as to 85 Subpoena Returned to GEO Group, Inc. by John Barrett, Dexter Campbell, Tafforest Chandler, Jeffrey Covington, Jermaine Dockery, Anthony Evans, Phillip Fredenburg, Courtney Galloway, Derrick Hayes, Christopher Lindsey, Alvin Luckett, Benjamin McAbee, Joseph Osborne, David Thompson, James Vann (Johnson, Elissa) (Entered: 04/24/2014)
115 NOTICE to Take Deposition of Management & Training Corporation by John Barrett, Dexter Campbell, Tafforest Chandler, Jeffrey Covington, Jermaine Dockery, Anthony Evans, Phillip Fredenburg, Courtney Galloway, Derrick Hayes, Christopher Lindsey, Alvin Luckett, Benjamin McAbee, Joseph Osborne, David Thompson, James Vann (Johnson, Elissa) (Entered: 04/29/2014)
116 MOTION for Extension of Time to File Response/Reply as to 112 MOTION to Expedite Motion for Special Discovery Relief by Christopher Epps, Archie Longley, Gloria Perry (Pedersen, Robert) (Entered: 05/01/2014)
117 NOTICE of Service of Plaintiffs' Third Set of Request for Production by John Barrett, Dexter Campbell, Tafforest Chandler, Jeffrey Covington, Jermaine Dockery, Anthony Evans, Phillip Fredenburg, Courtney Galloway, Derrick Hayes, Christopher Lindsey, Alvin Luckett, Benjamin McAbee, Joseph Osborne, David Thompson, James Vann (Owens, Jody) (Entered: 05/02/2014)

Case: 3:13-cv-00326-WHB-JCG As of: 03/28/2019 03:52 PM CDT 58 of 136

05/12/2014
05/12/2014 05/14/2014 05/15/2014 05/15/2014 05/15/2014 05/15/2014 05/16/2014
05/19/2014 05/19/2014 05/19/2014 05/23/2014

118 Response in Opposition re 112 MOTION to Expedite Motion for Special Discovery Relief by John Barrett, Dexter Campbell, Tafforest Chandler, Jeffrey Covington, Jermaine Dockery, Anthony Evans, Phillip Fredenburg, Courtney Galloway, Derrick Hayes, Christopher Lindsey, Alvin Luckett, Benjamin McAbee, Joseph Osborne, David Thompson, James Vann (Attachments: # 1 Exhibit Ex. 1 HALLC's Contract with MDOC, # 2 Exhibit Ex. 2 Relevant Excerpts from 30(b)(6) Deposition Testimony of LaGrand Elliot, # 3 Exhibit Ex. 3 Letter from Jody Owens to Melvin Priester, July 30, 2012, # 4 Exhibit Ex. 4 Email from Jody Owens to Defendants' attorneys, Septermber 18, 2013, # 5 Exhibit Ex. 5 Decl. of Jody Owens, # 6 Exhibit Ex. 6 Emails from Xinping Zhu to Robert Pedersen, March 14, 2014, # 7 Exhibit Ex. 7 Emails from Xinping Zhu to Robert Pedersen, March 19, 2014, # 8 Exhibit Ex. 8 Emails from Xinping Zhu to Robert Pedersen, March 24, 2014, # 9 Exhibit Ex. 9 Emails from Xinping Zhu to Robert Pedersen, March 31, 2014)(Owens, Jody) filed by Christopher Epps, Archie Longley, Gloria Perry (Attachments: # 1 Exhibit I Affidavit Of LaGrand Elliot)(Pedersen, Robert) (Entered: 05/12/2014)
119 MEMORANDUM IN SUPPORT re 118 Response in Opposition,,,, MEMORANDUM IN SUPPORT OF DEFENDANTS RESPONSE TO PLAINTIFFS EXPEDITED MOTION FOR SPECIAL DISCOVERY RELIEF filed by Christopher Epps, Archie Longley, Gloria Perry (Pedersen, Robert) (Entered: 05/12/2014)
120 NOTICE of Service of Defendant's (Response To Plaintiffs' Second Set of Requests for Production) Response to Request for Production by Christopher Epps, Archie Longley, Gloria Perry (Stephens, John) (Entered: 05/14/2014)
121 NOTICE of Service of Defendant's Supplemental Response to Interrogatories by Christopher Epps, Archie Longley, Gloria Perry (Stephens, John) (Entered: 05/15/2014)
122 NOTICE of Service of Defendant's Supplemental Response to Request for Production by Christopher Epps, Archie Longley, Gloria Perry (Stephens, John) (Entered: 05/15/2014)
123 NOTICE to Take Deposition of Gypsi Ward by John Barrett, Dexter Campbell, Tafforest Chandler, Jeffrey Covington, Jermaine Dockery, Anthony Evans, Phillip Fredenburg, Courtney Galloway, Derrick Hayes, Christopher Lindsey, Alvin Luckett, Benjamin McAbee, Joseph Osborne, David Thompson, James Vann (Johnson, Elissa) (Entered: 05/15/2014)
124 NOTICE to Take Deposition of Joseph Boswell by John Barrett, Dexter Campbell, Tafforest Chandler, Jeffrey Covington, Jermaine Dockery, Anthony Evans, Phillip Fredenburg, Courtney Galloway, Derrick Hayes, Christopher Lindsey, Alvin Luckett, Benjamin McAbee, Joseph Osborne, David Thompson, James Vann (Johnson, Elissa) (Entered: 05/15/2014)
125 NOTICE of Service of Supplemental Response to First Set of Interrogatories Response to Interrogatories by John Barrett, Dexter Campbell, Tafforest Chandler, Jeffrey Covington, Jermaine Dockery, Anthony Evans, Phillip Fredenburg, Courtney Galloway, Derrick Hayes, Christopher Lindsey, Alvin Luckett, Benjamin McAbee, Joseph Osborne, David Thompson, James Vann (Johnson, Elissa) (Entered: 05/16/2014)
126 RESPONSE in Support re 112 MOTION to Expedite Motion for Special Discovery Relief filed by John Barrett, Dexter Campbell, Tafforest Chandler, Jeffrey Covington, Jermaine Dockery, Anthony Evans, Phillip Fredenburg, Courtney Galloway, Derrick Hayes, Christopher Lindsey, Alvin Luckett, Benjamin McAbee, Joseph Osborne, David Thompson, James Vann (Johnson, Elissa) (Entered: 05/19/2014)
127 Subpoena Returned Executed as to Joseph Boswell. (Johnson, Elissa) (Entered: 05/19/2014)
128 Subpoena Returned Executed as to Gypsi Ward. (Johnson, Elissa) (Entered: 05/19/2014)
129 MOTION Pre−trial Conference and Scheduling Order re 38 Case Management Order, by John Barrett, Dexter Campbell, Tafforest Chandler, Jeffrey Covington, Jermaine Dockery, Anthony Evans, Phillip Fredenburg, Courtney Galloway, Derrick Hayes, Christopher Lindsey, Alvin Luckett, Benjamin McAbee, Joseph Osborne, David

Case: 3:13-cv-00326-WHB-JCG As of: 03/28/2019 03:52 PM CDT 59 of 136

05/23/2014 05/30/2014 05/30/2014 06/02/2014 06/09/2014
06/10/2014 06/10/2014
06/10/2014 06/12/2014 06/12/2014

Thompson, James Vann (Attachments: # 1 Exhibit A Declaration of Ajmel Quereshi along with E−mail from Gary Friedman to Ajmel Quereshi May 14, 2014)(Owens, Jody) (Entered: 05/23/2014)
130 MEMORANDUM in Support re 129 MOTION Pre−trial Conference and Scheduling Order re 38 Case Management Order, filed by John Barrett, Dexter Campbell, Tafforest Chandler, Jeffrey Covington, Jermaine Dockery, Anthony Evans, Phillip Fredenburg, Courtney Galloway, Derrick Hayes, Christopher Lindsey, Alvin Luckett, Benjamin McAbee, Joseph Osborne, David Thompson, James Vann (Owens, Jody) (Entered: 05/23/2014)
131 RESPONSE in Opposition re 129 MOTION Pre−trial Conference and Scheduling Order re 38 Case Management Order, filed by Christopher Epps, Archie Longley, Gloria Perry (Stephens, John) (Entered: 05/30/2014)
132 NOTICE of Service of Supplemental Response to Request for Production by John Barrett, Dexter Campbell, Tafforest Chandler, Jeffrey Covington, Jermaine Dockery, Anthony Evans, Phillip Fredenburg, Courtney Galloway, Derrick Hayes, Christopher Lindsey, Alvin Luckett, Benjamin McAbee, Joseph Osborne, David Thompson, James Vann (Owens, Jody) (Entered: 05/30/2014)
133 NOTICE of Service of Defendant's ( To Plaintiffs' Third Set of Requests) Response to Request for Production by Christopher Epps, Archie Longley, Gloria Perry (Stephens, John) (Entered: 06/02/2014)
134 REPLY to Response to Motion re 131 Response in Opposition to 129 Motion for Pretrial Conference and Scheduling Order, filed by John Barrett, Dexter Campbell, Tafforest Chandler, Jeffrey Covington, Jermaine Dockery, Anthony Evans, Phillip Fredenburg, Courtney Galloway, Derrick Hayes, Christopher Lindsey, Alvin Luckett, Benjamin McAbee, Joseph Osborne, David Thompson, James Vann, Eric Ward (Attachments: # 1 Affidavit Declaration of M. Bonthuis, # 2 Exhibit ExhibitA−M. Bonthuis letter to Gary E. Friedman, # 3 Exhibit ExhibitB−H. Pizzetta letter to M. Bonthuis, # 4 Exhibit ExhibitC−M. Bonthuis letter to H. Pizzetta, # 5 Exhibit ExhibitD−M. Bonthuis e−mail to H. Pizzetta)(Owens, Jody) Modified on 6/10/2014 (PKM). (Entered: 06/09/2014)
DOCKET ANNOTATION as to 134 : Incorrect linkage made. Reply to Response to Motion should be linked to 129 Motion for Pretrial Conference and Scheduling Order. All related filings to motions (using the "Responses and Replies" category, with the exception of "Response to Order") should be linked back to the original motion. Court staff has made the correction. Court Staff has also modified the description of Exhibit A to reflect that letter is to Gary E. Friedman. (PKM) (Entered: 06/10/2014)
135 MOTION Further Relief to Protective Order re 63 Protective Order by John Barrett, Dexter Campbell, Tafforest Chandler, Jeffrey Covington, Jermaine Dockery, Anthony Evans, Phillip Fredenburg, Courtney Galloway, Derrick Hayes, Christopher Lindsey, Alvin Luckett, Benjamin McAbee, Joseph Osborne, David Thompson, James Vann (Attachments: # 1 Exhibit 1 Decl. of Derrick Hayes, # 2 Exhibit 2 Decl. of Richard Lewis, # 3 Exhibit 3 Decl. of Jeffery Covington, # 4 Exhibit 4 Decl. of Torrie Ellis, # 5 Exhibit 5 Sample Form (Blank), # 6 Exhibit 6 Decl. of Ajmel Quereshi, # 7 Exhibit 7 Decl. of Elissa Johnson, # 8 Exhibit 8 Decl. of Willie Bryant, # 9 Exhibit 9 Decl. of Tavares Flaggs, # 10 Exhibit 10 Decl. of Elizabeth Alexander)(Owens, Jody) (Entered: 06/10/2014)
136 MEMORANDUM in Support re 135 MOTION Further Relief to Protective Order re 63 Protective Order filed by John Barrett, Dexter Campbell, Tafforest Chandler, Jeffrey Covington, Jermaine Dockery, Anthony Evans, Phillip Fredenburg, Courtney Galloway, Derrick Hayes, Christopher Lindsey, Alvin Luckett, Benjamin McAbee, Joseph Osborne, David Thompson, James Vann (Owens, Jody) (Entered: 06/10/2014)
137 NOTICE of Service of Defendant's First Supplemental (To Plaintiffs' Second Set of Requests for Production of Documents) Response to Request for Production by Christopher Epps, Archie Longley, Gloria Perry (Stephens, John) (Entered: 06/12/2014)
138 NOTICE of Service of Defendant's Second Supplemental (To Plaintiffs' First Set of Requests for Production of Documents) Response to Request for Production by

Case: 3:13-cv-00326-WHB-JCG As of: 03/28/2019 03:52 PM CDT 60 of 136

06/16/2014 06/17/2014 06/19/2014
06/20/2014 06/20/2014 06/23/2014 06/30/2014
07/07/2014

Christopher Epps, Archie Longley, Gloria Perry (Stephens, John) (Entered: 06/12/2014)
139 NOTICE of Service of Plaintiffs' Expert Witnesses Reports Designation of Experts by John Barrett, Dexter Campbell, Tafforest Chandler, Jeffrey Covington, Jermaine Dockery, Anthony Evans, Phillip Fredenburg, Courtney Galloway, Derrick Hayes, Christopher Lindsey, Alvin Luckett, Benjamin McAbee, Joseph Osborne, David Thompson, James Vann (Owens, Jody) (Entered: 06/16/2014)
140 MOTION for Extension of Time to File Response/Reply as to 85 Subpoena Returned to GEO Group, Inc. by John Barrett, Dexter Campbell, Tafforest Chandler, Jeffrey Covington, Jermaine Dockery, Anthony Evans, Phillip Fredenburg, Courtney Galloway, Derrick Hayes, Christopher Lindsey, Alvin Luckett, Benjamin McAbee, Joseph Osborne, David Thompson, James Vann (Johnson, Elissa) (Entered: 06/17/2014)
141 RESPONSE in Opposition re 135 MOTION Further Relief to Protective Order re 63 Protective Order filed by Christopher Epps, Archie Longley, Gloria Perry (Attachments: # 1 Exhibit A, E−mail from Jody Owens dated February 12, 2014 at 6:59 p.m., # 2 Exhibit B, E−mail from Gary Friedman dated May 15, 2014 at 7:58 a.m., # 3 Exhibit C, E−mails from Jody Owens dated May 15, 2014 at 6:11 p.m and E−mail from Gary Friedman dated May 16, 2014 at 8:01 a.m., # 4 Exhibit D, Declaration of Derelle Grady, # 5 Errata E, Declaration of Andreco Wooten, # 6 Exhibit F, Declaration of Wendell Banks, # 7 Exhibit G, Declaration of Rebecca Naidow, # 8 Exhibit H, ARP records, # 9 Exhibit I, Declaration of Victor Rivera, # 10 Exhibit J, Affidavit of Ollie Little, # 11 Exhibit K, MDOC Policy No. 20−08, # 12 Exhibit L, Covington's MDOC Inmate Search Record, # 13 Exhibit M, Lewis' MDOC Inmate Search Record, # 14 Exhibit N, Ellis' MDOC Inmate Search Record, # 15 Exhibit O, Hayes' MDOC Inmate Search Record)(Stephens, John) (Entered: 06/19/2014)
142 MOTION to Extend Defendants' Expert Designation Deadline and Motion for Class Certification Deadline by Christopher Epps, Archie Longley, Gloria Perry (Pedersen, Robert) (Entered: 06/20/2014)
143 MEMORANDUM in Support re 142 MOTION to Extend Defendants' Expert Designation Deadline and Motion for Class Certification Deadline filed by Christopher Epps, Archie Longley, Gloria Perry (Pedersen, Robert) (Entered: 06/20/2014)
144 NOTICE of Service of Second Supplemental Response to Request for Production by John Barrett, Dexter Campbell, Tafforest Chandler, Jeffrey Covington, Jermaine Dockery, Anthony Evans, Phillip Fredenburg, Courtney Galloway, Derrick Hayes, Christopher Lindsey, Alvin Luckett, Benjamin McAbee, Joseph Osborne, David Thompson, James Vann (Johnson, Elissa) (Entered: 06/23/2014)
145 MEMORANDUM in Support re 135 MOTION Further Relief to Protective Order re 63 Protective Order filed by John Barrett, Dexter Campbell, Tafforest Chandler, Jeffrey Covington, Jermaine Dockery, Anthony Evans, Phillip Fredenburg, Courtney Galloway, Derrick Hayes, Christopher Lindsey, Alvin Luckett, Benjamin McAbee, Joseph Osborne, David Thompson, James Vann (Attachments: # 1 Exhibit 1 Policy 16−07−01 Control of Contraband/Body Searches, # 2 Exhibit 2 Excerpt from Housing Unit 5 Log Book, pgs 174−179, # 3 Exhibit 3 MDOC Grievance Procedures, SOP 20−08−01, Effective Date August 1, 2012)(Owens, Jody) (Entered: 06/30/2014)
146 RESPONSE in Opposition re 142 MOTION to Extend Defendants' Expert Designation Deadline and Motion for Class Certification Deadline filed by John Barrett, Dexter Campbell, Tafforest Chandler, Jeffrey Covington, Jermaine Dockery, Anthony Evans, Phillip Fredenburg, Courtney Galloway, Derrick Hayes, Christopher Lindsey, Alvin Luckett, Benjamin McAbee, Joseph Osborne, David Thompson, James Vann (Attachments: # 1 Exhibit 1, Excerpt from Report of Dr. Marc Stern, June 16, 2014, # 2 Exhibit 2, Excerpt from Report of Madeleine LaMarre, June 16, 2014, # 3 Exhibit 3, Excerpt from Report of Dr. Terry Kupers, June 16, 201, # 4 Exhibit 4, Excerpt from Report Dr. Bart Abplanalp, June 16, 2014, # 5 Exhibit 5, Excerpt from Report of Eldon Vail, # 6 Exhibit 6, Excerpt from Report of Diane Skipworth, June 16, 2014, # 7 Exhibit 7, Declarations of Ajmel Quereshi and Alesha Judkins, # 8 Exhibit 8, Letter to Judge John Roper)(Owens, Jody) (Entered: 07/07/2014)

Case: 3:13-cv-00326-WHB-JCG As of: 03/28/2019 03:52 PM CDT 61 of 136

07/09/2014 07/11/2014 07/15/2014
07/15/2014 07/15/2014 07/15/2014
07/15/2014 07/29/2014 08/05/2014 08/11/2014 08/19/2014 08/22/2014

147 Rebuttal re 142 MOTION to Extend Defendants' Expert Designation Deadline and Motion for Class Certification Deadline filed by Christopher Epps, Archie Longley, Gloria Perry (Attachments: # 1 Exhibit A (Plaintiffs' Letter))(Pedersen, Robert) (Entered: 07/09/2014)
148 NOTICE of Service of Fourth Set of Request for Production by John Barrett, Dexter Campbell, Tafforest Chandler, Jeffrey Covington, Jermaine Dockery, Anthony Evans, Phillip Fredenburg, Courtney Galloway, Derrick Hayes, Christopher Lindsey, Alvin Luckett, Benjamin McAbee, Joseph Osborne, David Thompson, James Vann (Owens, Jody) (Entered: 07/11/2014)
TEXT ORDER ONLY To allow sufficient time for expert review of the extensive discovery produced, the Court finds that Defendants' expert designation deadline should be extended to August 25,2014 and the deadline for filing the Motion for Class Action Certification is extended to September 25,2014.The Court finds Defendants' 142 Motion to Extend Deadlines is granted in part and denied in part. No further written order shall be issued by this Court. Signed by Magistrate Judge John M. Roper on July 15,2014 (Nicaud, Jenny) (Entered: 07/15/2014)
Set/Reset Deadlines: Designate Experts for Defendant Deadline due by 8/25/2014 Motion for Class Action Certification is due by 9/25/2014 (Nicaud, Jenny) (Entered: 07/15/2014)
TEXT ORDER ONLY The Court finds that Defendants' 116 Motion for Extension of Time to File Response/Reply is moot at this time. No further written order shall be issued by this Court. Signed by Magistrate Judge John M. Roper on July 15,2014 (Nicaud, Jenny) (Entered: 07/15/2014)
TEXT ORDER ONLY The Court finds that Plaintiffs' 129 Motion for Pre−trial Conference is denied without prejudice to be renewed upon a determination of this Court as to whether this suit will proceed as a class action. No further written order shall be issued by this Court. Signed by Magistrate Judge John M. Roper on July 15,2014 (Nicaud, Jenny) Modified on 7/15/2014 (Nicaud, Jenny). (Entered: 07/15/2014)
TEXT ORDER ONLY The Court finds that GEO Group must file their reply or objection to the subpoena issued on or before July 21, 2014. Thus, the Court grants Plaintiffs' 114 140 Motions for Extension of Time to File Response/Reply. NO further written order shall be issued by this Court. Signed by Magistrate Judge John M. Roper on July 15,2014 (Nicaud, Jenny) (Entered: 07/15/2014)
149 NOTICE of Service of Plaintiffs' Third Supplemental Response to Request for Production by John Barrett, Dexter Campbell, Tafforest Chandler, Jeffrey Covington, Jermaine Dockery, Anthony Evans, Phillip Fredenburg, Courtney Galloway, Derrick Hayes, Christopher Lindsey, Alvin Luckett, Benjamin McAbee, Joseph Osborne, David Thompson, James Vann (Johnson, Elissa) (Entered: 07/29/2014)
150 ORDER REASSIGNING CASE. Case reassigned to Magistrate Judge John C Gargiulo for all further proceedings. Magistrate Judge John M. Roper no longer assigned to case Signed by Chief District Judge Louis Guirola, Jr on 8/5/14 (MGB) (Entered: 08/05/2014)
151 NOTICE of Service of Defendants' (To Plaintiffs' Fourth Set of Requests For Production) Response to Request for Production by Christopher Epps, Archie Longley, Gloria Perry (Stephens, John) (Entered: 08/11/2014)
152 NOTICE of Service of Plaintiffs' First Set of Request for Admissions by John Barrett, Dexter Campbell, Tafforest Chandler, Jeffrey Covington, Jermaine Dockery, Anthony Evans, Phillip Fredenburg, Courtney Galloway, Derrick Hayes, Christopher Lindsey, Alvin Luckett, Benjamin McAbee, Joseph Osborne, David Thompson, James Vann (Johnson, Elissa) (Entered: 08/19/2014)
153 NOTICE of Service of Plaintiffs' Fifth Set of Request for Production by John Barrett, Dexter Campbell, Tafforest Chandler, Jeffrey Covington, Jermaine Dockery, Anthony Evans, Phillip Fredenburg, Courtney Galloway, Derrick Hayes, Christopher Lindsey, Alvin Luckett, Benjamin McAbee, Joseph Osborne, David Thompson, James Vann (Johnson, Elissa) (Entered: 08/22/2014)

Case: 3:13-cv-00326-WHB-JCG As of: 03/28/2019 03:52 PM CDT 62 of 136

08/25/2014 08/25/2014
08/25/2014 09/04/2014
09/04/2014

154 NOTICE of Service of Defendant's Designation of Experts by Christopher Epps, Archie Longley, Gloria Perry (Stephens, John) (Entered: 08/25/2014)
155 MOTION to Compel by John Barrett, Dexter Campbell, Tafforest Chandler, Jeffrey Covington, Jermaine Dockery, Anthony Evans, Phillip Fredenburg, Courtney Galloway, Derrick Hayes, Christopher Lindsey, Alvin Luckett, Benjamin McAbee, Joseph Osborne, David Thompson, James Vann (Attachments: # 1 Exhibit 1 Excerpts From GEO, 2010 Annual Report, # 2 Exhibit 2 Excerpts From GEO, 2012 Annual Report, # 3 Exhibit 3 Excerpts From GEO, 2013 Annual Report to Investors, # 4 Exhibit 4 Report of Terry A. Kupers, # 5 Exhibit 5 Report of Madeleine L. LaMarre, # 6 Exhibit 6 Email from Lee Thaggard to Jody Owens and Elissa Johnson, # 7 Exhibit 7 Declaration of Mari K. Bonthuis, # 8 Exhibit 8 Email from Mari Bonthuis to Lee Thaggard, # 9 Exhibit 9 Email from Tim Flocos to Mari Bonthuis, # 10 Exhibit 10 Email from Mari Bonthuis to Lee Thaggard, # 11 Exhibit 11 Email from Tim Flocos to Mari Bonthuis, # 12 Exhibit 12 Email from Tim Flocos to Mari Bonthuis, # 13 Exhibit 13 GEO Response to Plaintiffs Subpoena, # 14 Exhibit 14 Email from Lee Thaggard to Mari Bonthuis, # 15 Exhibit 15 Email from Tim Flocos to Mari Bonthuis, # 16 Exhibit 16 Pat Beall, GEO: Settles Prison Inquiry, Palm Beach Post (Fla.), # 17 Exhibit 17 Erica Goode, Seeing Squalor and Unconcern in Southern Jail, N.Y. Times,, # 18 Exhibit 18 Emily Le Coz, Conditions at Privately Run Prison Barbaric Suit Filed Against MDOC Says, Clarion−Ledger (Jackson, Miss.), # 19 Exhibit 19 Good Faith Certificate, executed by Mari Bonthuis and Lee Thaggard)(Johnson, Elissa) (Entered: 08/25/2014)
156 MEMORANDUM in Support re 155 MOTION to Compel filed by John Barrett, Dexter Campbell, Tafforest Chandler, Jeffrey Covington, Jermaine Dockery, Anthony Evans, Phillip Fredenburg, Courtney Galloway, Derrick Hayes, Christopher Lindsey, Alvin Luckett, Benjamin McAbee, Joseph Osborne, David Thompson, James Vann (Johnson, Elissa) (Entered: 08/25/2014)
157 MOTION to Compel by John Barrett, Dexter Campbell, Tafforest Chandler, Jeffrey Covington, Jermaine Dockery, Anthony Evans, Phillip Fredenburg, Courtney Galloway, Derrick Hayes, Christopher Lindsey, Alvin Luckett, Benjamin McAbee, Joseph Osborne, David Thompson, James Vann (Attachments: # 1 Exhibit 1 Plaintiffs First Set of Requests for Production of Documents to Defendants, served on September 16, 2013, # 2 Exhibit 2 Management and Operations Agreement, effective as of July 19, 2012, # 3 Exhibit 3 Transcript of the deposition of MTC pursuant to Rule 30(b)(6), taken in this action on May 8, 2014, # 4 Exhibit 4 Transcript of the deposition of MTC pursuant to Rule 30(b)(6), taken in this action on March 14, 2014, # 5 Exhibit 5 mail string ending on May 19, 2014, # 6 Exhibit 6 Email string ending on June 9, 2014, # 7 Exhibit 7 Email string ending on June 18, 2014, # 8 Exhibit 8 Email string ending on June 23, 2014, # 9 Exhibit 9 Email string ending on June 25, 2014, # 10 Exhibit 10 Email from Mari Bonthuis to Morgan Stephens dated July 8, 2014, # 11 Exhibit 11 Email from Morgan Stephens to Mari Bonthuis dated July 10, 2014, # 12 Exhibit 12 Declaration of Mari K. Bonthuis, dated September 3, 2014, # 13 Exhibit 13 Email from Morgan Stephens to Mari Bonthuis dated July 30, 2014, # 14 Exhibit 14 Email string ending on July 31, 2014, # 15 Exhibit 15 Email from Mari Bonthuis to Morgan Stephens and Gary Friedman dated August 13, 2014, # 16 Exhibit 16 Email string ending on August 15, 2014, # 17 Exhibit 17 Email string ending on August 18, 2014, # 18 Exhibit 18 Email string ending on August 20, 2014, # 19 Exhibit 19 Email string ending on August 22, 2014, # 20 Exhibit 20 Letter from Mari Bonthuis to Gary Friedman and Morgan Stephens dated August 22, 2014, # 21 Exhibit 21 Email from Mari Bonthuis to Gary Friedman dated August 26, 2014, # 22 Exhibit 22 Email string ending on August 27, 2014, # 23 Exhibit 23 Email string ending on August 28, 2014, # 24 Exhibit 24 Email from Mari Bonthuis to Harold Pizzetta dated September 2, 2014, # 25 Exhibit 25 Email string ending on September 3, 2014, # 26 Exhibit 26 Good Faith Certificate signed by Mari K. Bonthuis, # 27 Exhibit 27 Good Faith Certificate signed by Mari K. Bonthuis, counsel for Plaintiffs, and Harold E. Pizzetta, III, counsel for MDOC)(Owens, Jody) (Entered: 09/04/2014)
158 MEMORANDUM in Support re 157 MOTION to Compel Defendants' Email Production Of The Mississippi Department of Corrections and Its Agent Management and Training Corporation filed by John Barrett, Dexter Campbell, Tafforest Chandler, Jeffrey Covington, Jermaine Dockery, Anthony Evans, Phillip Fredenburg, Courtney Galloway, Derrick Hayes, Christopher Lindsey, Alvin Luckett, Benjamin McAbee, Joseph Osborne, David Thompson, James Vann (Owens, Jody) (Entered: 09/04/2014)

Case: 3:13-cv-00326-WHB-JCG As of: 03/28/2019 03:52 PM CDT 63 of 136

09/08/2014 09/08/2014 09/09/2014 09/09/2014 09/10/2014 09/13/2014 09/15/2014 09/16/2014
09/16/2014

159 NOTICE of Service of Defendants' First Supplemental Pre−Discovery Disclosure by Christopher Epps, Archie Longley, Gloria Perry (Stephens, John) (Entered: 09/08/2014)
160 NOTICE of Service of Defendants' Third Supplemental Response to Request for Production by Christopher Epps, Archie Longley, Gloria Perry (Stephens, John) (Entered: 09/08/2014)
161 NOTICE of Appearance by Lee Thaggard on behalf of The GEO Group, Inc. (Thaggard, Lee) (Entered: 09/09/2014)
162 Unopposed MOTION for Extension of Time to File Response/Reply as to 155 MOTION to Compel by The GEO Group, Inc. (Thaggard, Lee) (Entered: 09/09/2014)
TEXT ONLY ORDER granting 162 Unopposed Motion for Extension of Time to File Response/Reply re 155 MOTION to Compel. Response due on or before 9/12/2014. NO FURTHER WRITTEN ORDER WILL ISSUE FROM THE COURT. Signed by Magistrate Judge John C. Gargiulo on 9/10/14 (JB) (Entered: 09/10/2014)
163 Unopposed MOTION for Extension of Time to File Response/Reply as to 155 MOTION to Compel until Tuesday, September 16, 2014 by The GEO Group, Inc. (Thaggard, Lee) (Entered: 09/13/2014)
TEXT ONLY ORDER granting 163 Unopposed Motion for Extension of Time to File Response/Reply re 155 MOTION to Compel. Response due by 9/16/2014. Signed by Magistrate Judge John C. Gargiulo on 9/15/14 (JB) (Entered: 09/15/2014)
164 MOTION to Compel Defendants' Email Production from Health Assurance, LLC by John Barrett, Dexter Campbell, Tafforest Chandler, Jeffrey Covington, Jermaine Dockery, Anthony Evans, Phillip Fredenburg, Courtney Galloway, Derrick Hayes, Christopher Lindsey, Alvin Luckett, Benjamin McAbee, Joseph Osborne, David Thompson, James Vann (Attachments: # 1 Exhibit 1 Contract for Medical Services between MDOC and HALLC, # 2 Exhibit 2 Transcript of the deposition of MTC pursuant to Rule 30(b)(6), # 3 Exhibit 3 Letter from Jody Owens, II to Melvin Priester dated July 30, 2012, # 4 Exhibit 4 Email from Jody Owens, II to Gary Friedman, Bob Pedersen, et al dated September 18, 2013, # 5 Exhibit 5 Declaration of Jody Owens, II, dated April 16, 2014, # 6 Exhibit 6 Notice of 30(b)(6) Deposition to Health Assurance, LLC (HALLC), # 7 Exhibit 7 Email from Xinping Zhu to Bob Pedersen, Gary Friedman, et al., dated March 14, 2014, # 8 Exhibit 8 Email string ending on March 14, 2014, # 9 Exhibit 9 Email string ending on March 19, 2014, # 10 Exhibit 10 Email string ending on March 19, 2014, # 11 Exhibit 11 Email string ending on March 24, 2014, # 12 Exhibit 12 Email string ending on March 31, 2014, # 13 Exhibit 13 Plaintiffs First Set of Requests for Production of Documents to Defendants, served on September 16, 2013, # 14 Exhibit 14 Declaration of Mari K. Bonthuis, dated September 15, 2014, # 15 Exhibit 15 : Email string ending on May 19, 2014, # 16 Exhibit 16 Email string ending on May 29, 2014, # 17 Exhibit 17 Email string ending on June 9, 2014, # 18 Exhibit 18 Email string ending on June 18, 2014, # 19 Exhibit 19 Email string ending on June 23, 2014, # 20 Exhibit 20 Email from Christy Andra to Mari K. Bonthuis, Bob Pedersen, et al., dated July 31, 2014, # 21 Exhibit 21 Email string ending on August 1, 2014, # 22 Exhibit 22 Email string ending on August 11, 2014, # 23 Exhibit 23 Email from Christy Andra to Mari K. Bonthuis, Bob Pedersen, Harold Pizzetta, Gary Friedman, and Morgan Stephens dated August 21, 2014, # 24 Exhibit 24 Declaration of Corrina Regnier, dated September 15, 2014, # 25 Exhibit 25 Letter from Mari K. Bonthuis to Bob Pedersen dated August 25, 2014, # 26 Exhibit 26 Email string ending on August 28, 2014, # 27 Exhibit 27 Email string ending on September 3, 2014, # 28 Exhibit 28 Letter from Bob Pedersen to Mari K. Bonthuis dated September 3, 2014, # 29 Exhibit 29 Letter from Bob Pedersen to Mari K. Bonthuis dated September 5, 2014, # 30 Exhibit 30 Good Faith Certificate signed by Mari K. Bonthuis, counsel for Plaintiffs, and Bob Pedersen, counsel for HALLC, # 31 Exhibit 31 Email string ending on September 12, 2014)(Owens, Jody) (Entered: 09/16/2014)
165 MEMORANDUM in Support re 164 MOTION to Compel Defendants' Email Production from Health Assurance, LLC filed by John Barrett, Dexter Campbell, Tafforest Chandler, Jeffrey Covington, Jermaine Dockery, Anthony Evans, Phillip Fredenburg, Courtney Galloway, Derrick Hayes, Christopher Lindsey, Alvin Luckett, Benjamin McAbee, Joseph Osborne, David Thompson, James Vann (Owens, Jody)

Case: 3:13-cv-00326-WHB-JCG As of: 03/28/2019 03:52 PM CDT 64 of 136

09/16/2014 09/17/2014 09/18/2014 09/18/2014 09/18/2014
09/22/2014 09/23/2014 09/24/2014 09/24/2014 09/24/2014 09/25/2014
09/25/2014 09/25/2014

(Entered: 09/16/2014)
166 RESPONSE in Opposition re 155 MOTION to Compel filed by The GEO Group, Inc. (Thaggard, Lee) (Entered: 09/16/2014)
167 Unopposed MOTION to Extend Deadline to Respond to Motion to Compel by Christopher Epps, Archie Longley, Gloria Perry (Stephens, John) (Entered: 09/17/2014)
TEXT ONLY ORDER granting 167 Unopposed Motion to Extend Deadline. Response to 157 Motion to Compel due on or before 9/23/14. NO FURTHER WRITTEN ORDER WILL ISSUE FROM THE COURT. Signed by Magistrate Judge John C. Gargiulo on 9/18/14 (JB) (Entered: 09/18/2014)
168 NOTICE of Service of Defendant's Response to Request for Admissions by Christopher Epps (Stephens, John) (Entered: 09/18/2014)
169 RESPONSE in Opposition re 155 MOTION to Compel (supplemental response) filed by The GEO Group, Inc. (Attachments: # 1 Exhibit 1: March 15, 2014 email from Lee Thaggard to Jody Owens and others, # 2 Exhibit 2: GEOs July 25, 2014 objection (excerpt) to Plaintiffs subpoena duces tecum, # 3 Exhibit 3: June 6, 2014 email (redacted) from Tim Flocos to Mari Bonthius and others, # 4 Exhibit 4: June 23, 2014 email from Tim Flocos to Mari Bonthius and others, # 5 Exhibit 5−a: description of ACLU Foundation with first page of its 2012 tax return, # 6 Exhibit 5−b: 2008 Annual Report excerpt for Southern Poverty Law Center;, # 7 Exhibit 5−c: 2009 Financial Statements for Southern Poverty Law Center, # 8 Exhibit 5−d: 2012 charity evaluator regarding Southern Poverty Law Center, # 9 Exhibit 6: July 1, 2014 email from Tim Flocos to Mari Bonthius and others, # 10 Exhibit 7: July 18, 2014 email from Tim Flocos to Mari Bonthius and others, # 11 Exhibit 8: August 5, 2014 email from Mari Bonthius to Tim Flocos and others, # 12 Exhibit 9: Sworn Statement of John Meagher)(Thaggard, Lee) (Entered: 09/18/2014)
170 NOTICE of Service of (Plaintiffs' Fifth Set of Requests for Production of Documents) Response to Request for Production by Christopher Epps, Archie Longley, Gloria Perry (Stephens, John) (Entered: 09/22/2014)
171 Unopposed MOTION to Extend Response to Motion to Compel Deadline by Christopher Epps, Archie Longley, Management & Training Corporation (MTC) (Stephens, John) (Entered: 09/23/2014)
TEXT ONLY ORDER granting 171 Unopposed Motion to Extend Deadline. Response to 157 Motion to Compel due on or before 9/25/14. NO FURTHER WRITTEN ORDER WILL ISSUE FROM THE COURT. Signed by Magistrate Judge John C. Gargiulo on 9/24/14 (JB) (Entered: 09/24/2014)
172 MEMORANDUM IN SUPPORT re 169 Response in Opposition to re 155 Motion to Compel filed by The GEO Group, Inc. (Attachments: # 1 Exhibit Kupers' Article − Beyond Supermax)(Thaggard, Lee) Modified on 9/25/2014 to reflect linkage to motion. (Entered: 09/24/2014)
173 Unopposed MOTION for Extension of Time to File Response/Reply as to 155 MOTION to Compel until this day, September 24, 2014 and to extend Plaintiffs' Reply deadline to October 8, 2014 by The GEO Group, Inc. (Thaggard, Lee) (Entered: 09/24/2014)
174 MOTION for Mark P. Gimbel to Appear Pro Hac Vice by John Barrett, Dexter Campbell, Tafforest Chandler, Jeffrey Covington, Jermaine Dockery, Anthony Evans, Phillip Fredenburg, Courtney Galloway, Derrick Hayes, Christopher Lindsey, Alvin Luckett, Benjamin McAbee, Joseph Osborne, David Thompson, James Vann (Attachments: # 1 Exhibit A Certificate of Good Standing)(Owens, Jody) (Entered: 09/25/2014)
Pro Hac Vice fee paid for Mark P. Gimbel receipt number 0538−2783642 $ 100 (Owens, Jody) (Entered: 09/25/2014)
175 MOTION for Leave to File Excess Pages With Regard to Plaintiffs' Memorandum of Law in Support of Motion for Class Certification by John Barrett, Dexter Campbell, Tafforest Chandler, Jeffrey Covington, Jermaine Dockery, Anthony Evans, Phillip

Case: 3:13-cv-00326-WHB-JCG As of: 03/28/2019 03:52 PM CDT 65 of 136

09/25/2014
09/25/2014 09/25/2014 09/25/2014
09/25/2014

Fredenburg, Courtney Galloway, Derrick Hayes, Christopher Lindsey, Alvin Luckett, Benjamin McAbee, Joseph Osborne, David Thompson, James Vann (Bonthuis − PHV, Mari) (Entered: 09/25/2014)
176 RESPONSE in Opposition re 157 MOTION to Compel filed by Management & Training Corporation (MTC) (Attachments: # 1 Exhibit 1, Management and Operations Agreement between East Mississippi Correctional Authority and Management & Training Corporation dated July 19, 2012, # 2 Exhibit 2, Letter from Jody Owens (June 12, 2013), # 3 Exhibit 3, Plaintiffs First Set of Requests for Production, # 4 Exhibit 4, Excerpt of MTC Rule 30(b)(6) Dep. of Victor Rivera at 90:20 91:3, # 5 Exhibit 5, Email from Jody Owens (November 13, 2013), # 6 Exhibit 6, Defendants Responses to Plaintiffs First Set of Requests for Production of Documents, # 7 Exhibit 7, Email from Gary Friedman (December 11, 2013), # 8 Exhibit 8, Email from Gary Friedman (February 19, 2014), # 9 Exhibit 9, Email from Jody Owens (February 25, 2014), # 10 Exhibit 10, MTCs Objections and Responses to Subpoena Duces Tecum served March 5, 2014, # 11 Exhibit 11, Email Chain between Gary Friedman and Mari Bonthuis (May 19, 2014), # 12 Exhibit 12, Email from Morgan Stephens (August 20, 2014), # 13 Exhibit 13, Letter from Mari Bonthuis (August 22, 2014), # 14 Exhibit 14, Declaration of Morgan Stephens, # 15 Exhibit 15, Email from Mari Bonthuis (August 26, 2014), # 16 Exhibit 16, Email from Gary Friedman (August 28, 2014), # 17 Exhibit 17, Email from Gary Friedman (August 28, 2014), # 18 Exhibit 18, Email from Mari Bonthuis (September 2, 2014), # 19 Exhibit 19, Email from Gary Friedman (September 4, 2014), # 20 Exhibit 20, Email from Mari Bonthuis (September 4, 2014))(Harvey, William) (Entered: 09/25/2014)
177 MEMORANDUM in Opposition re 157 MOTION to Compel filed by Management & Training Corporation (MTC) (Harvey, William) (Entered: 09/25/2014)
178 Joinder in Document by Christopher Epps, Archie Longley, Gloria Perry to 176 Response in Opposition to Motion,,,,,, filed by Management & Training Corporation (MTC) (Pizzetta, Harold) (Entered: 09/25/2014)
179 MOTION to Certify Class by John Barrett, Dexter Campbell, Tafforest Chandler, Jeffrey Covington, Jermaine Dockery, Anthony Evans, Phillip Fredenburg, Courtney Galloway, Derrick Hayes, Christopher Lindsey, Alvin Luckett, Benjamin McAbee, Joseph Osborne, David Thompson, James Vann (Attachments: # 1 Exhibit 1 Mississippi Department of Corrections, Daily Inmate Population, # 2 Exhibit 2 Patients on Psych Meds, # 3 Exhibit 3 Excerpts from Defendants Expert Report of Kenneth McGinnis and Tom Roth, # 4 Exhibit 4 Expert Report of Dr. Terry Kupers, MD, MS, # 5 Exhibit 5 Expert Report of Dr. Marc Stern, MD, MPH, # 6 Exhibit 6 Expert Report of Eldon Vail, # 7 Exhibit 7 Excerpts from the Deposition of Matthew Naidow, # 8 Exhibit 8 Administrative Meeting Minutes of EMCF Staff, September 23, 2013, # 9 Exhibit 9 AG_014101, Email from Tony Compton to Emmitt Sparkman, Sept. 13, 2012, # 10 Exhibit 10 AG_013620, Email from Emmitt Sparkman to Michael White and Tony Compton, Jan. 24, 2013, # 11 Exhibit 11 MTC_ESI_0000173, Email from Christopher Epps to Odie Washington, RS Marquardt, and Harold Pizzetta, June 16, 2014, # 12 Exhibit 12 Ex. X, MTC_ESI_000014, Email from Archie Longley to Jerry Buscher, Apr. 17, 2014, # 13 Exhibit 13 AG_008977, Email from Tyeasa Evans to Tony Compton, Aug. 1, 2012, # 14 Exhibit 14 AG_010058, Email from Tyeasa Evans to Federico Ovalle, Aug. 16, 2012, # 15 Exhibit 15 Ex. X, AG_013525, Email from Federico Ovalle to Tyeasa Evans and Jerry Buscher, Sept. 3, 2013, # 16 Exhibit 16 MTC_ESI_0000255, Memo from Mike Rice to Jerry Buscher, Aug. 20, 2013, # 17 Exhibit 17 AG_013795, Email from Archie Longley to Tony Compton, July 31, 2013, # 18 Exhibit 18 MTC_ESI_0000268, Email from Tyeasa Evans to Jerry Buscher, June 12, 2014, # 19 Exhibit 19 MTC_ESI_0000010, Email from Archie Longley to Tyeasa Evans, Oct. 14, 2013, # 20 Exhibit 20 MTC_ESI_0000353, Email from Tony Compton to Jerry Buscher, May 4, 2014)(Bonthuis − PHV, Mari) (Entered: 09/25/2014)
180 ATTACHMENT re 179 MOTION to Certify Class (Exhibit 21) by John Barrett, Dexter Campbell, Tafforest Chandler, Jeffrey Covington, Jermaine Dockery, Anthony Evans, Phillip Fredenburg, Courtney Galloway, Derrick Hayes, Christopher Lindsey, Alvin Luckett, Benjamin McAbee, Joseph Osborne, David Thompson, James Vann (Attachments: # 1 Exhibit 22, # 2 Exhibit 23, # 3 Exhibit 24, # 4 Exhibit 25, # 5 Exhibit 26, # 6 Exhibit 27, # 7 Exhibit 28, # 8 Exhibit 29, # 9 Exhibit 30, # 10 Exhibit 31, # 11 Exhibit 32, # 12 Exhibit 33, # 13 Exhibit 34, # 14 Exhibit 35, # 15 Exhibit 36,

Case: 3:13-cv-00326-WHB-JCG As of: 03/28/2019 03:52 PM CDT 66 of 136

09/25/2014 09/25/2014

# 16 Exhibit 37, # 17 Exhibit 38, # 18 Exhibit 39, # 19 Exhibit 40, # 20 Exhibit 41, # 21 Exhibit 42, # 22 Exhibit 43, # 23 Exhibit 44, # 24 Exhibit 45, # 25 Exhibit 46, # 26 Exhibit 47, # 27 Exhibit 48, # 28 Exhibit 49, # 29 Exhibit 50)(Bonthuis − PHV, Mari) (Entered: 09/25/2014)
181 ATTACHMENT re 179 MOTION to Certify Class Exhibits 21−50 by John Barrett, Dexter Campbell, Tafforest Chandler, Jeffrey Covington, Jermaine Dockery, Anthony Evans, Phillip Fredenburg, Courtney Galloway, Derrick Hayes, Christopher Lindsey, Alvin Luckett, Benjamin McAbee, Joseph Osborne, David Thompson, James Vann (Attachments: # 1 Exhibit 22 MTC_ESI_0000397, Email from Warden Frank Shaw to Tony Compton, Oct. 7, 2012, # 2 Exhibit 23 MTC_ESI_0000076, Memorandum from Tyeasa Evans to Tony Compton, May 2, 2014, # 3 Exhibit 24 U.S. Department of Labor, OSHA, Citation and Notice of Penalty, June 11, 2012, # 4 Exhibit 25 MTC_ESI_000764, Email from Jerry Buscher to Archie Longley, Tyeasa Evans, and Tony Compton, June 17, 2014, # 5 Exhibit 26 MTC_ESI_0000762, Email from Jerry Buscher to Tony Compton, June 19, 2014, # 6 Exhibit 27 MTC_ESI_0000285, Email from Tyeasa Evans to Norris Hogans, June 23, 2014, # 7 Exhibit 28 MDOC 19−01−01, Offender Segregation Policy, # 8 Exhibit 29 MTC_ESI_0055395, MTC Log Book, # 9 Exhibit 30 Expert Report of Madeleine LaMarre, MN, FNP−BC, # 10 Exhibit 31 EF−00111, Chemical Agents and Decontamination PowerPoint Slides, # 11 Exhibit 32 AC_013645, Email from Tyeasa Evans to Frank Shaw and Federico Ovalle, Sept. 20, 2012, # 12 Exhibit 33 DEF−00010, MDOC 16−13−01, Use of Force Policy, # 13 Exhibit 34 MTC_ESI_0004222, Inmate Receipt, MDOC Administrative Remedy Program, Apr. 11, 2013, # 14 Exhibit 35 Expert Report of Dr. Bart Abplanalp, # 15 Exhibit 36 MTC_ESI_0000389, Email from Tony Compton to Tyeasa Evans and Chandra Berryman−Willis, June 24, 2014, # 16 Exhibit 37 Ophthalmology Technician Service Agreement, Sept. 1, 2013, # 17 Exhibit 38 MTC_ESI_0000283, Email from Tyeasa Evans to Norris Hogans June 23, 2014, # 18 Exhibit 39 HALLC Chronic Care Policy, # 19 Exhibit 40 Order Approving Settlement, DePriest v. Epps, No. 3:10−cv−00663 (S.D. Miss. March 26, 2012), # 20 Exhibit 41 HALLC_ESI_0000676, Email from Carl Reddix to Stan Flint, June 14, 2012, # 21 Exhibit 42 Madeleine LaMarre, MN, FNP−BC, East Mississippi Correctional Facility (EMCF) Report, Feb. 25, 2011, # 22 Exhibit 43 HALLC Medical Services Contract, July 19, 2012, # 23 Exhibit 44 HALLC EMCF Mortality/Death Review, Dec. 23, 2013, # 24 Exhibit 45 Expert Report of Diane Skipworth, # 25 Exhibit 46 AG_008915, Email from Tyeasa Evans to Michael White, June 20, 2013, # 26 Exhibit 47 AG_014096, Email from Tony Compton to Federico Ovalle, Sept. 20, 2012, # 27 Exhibit 48 AG_008991, Email from Tyeasa Evans to Frank Shaw, Oct. 11, 2012, # 28 Exhibit 49 MTC_ESI_0000173, Email from Christopher Epps to Odie Washington, RS Marquardt, and Harold Pizzetta, June 16, 2014, # 29 Exhibit 50 MTC_ESI_0000283, Email from Tyeasa Evans to Norris Hogans, June 23, 2014)(Bonthuis − PHV, Mari) (Entered: 09/25/2014)
182 ATTACHMENT re 179 MOTION to Certify Class Exhibits 51−81 by John Barrett, Dexter Campbell, Tafforest Chandler, Jeffrey Covington, Jermaine Dockery, Anthony Evans, Phillip Fredenburg, Courtney Galloway, Derrick Hayes, Christopher Lindsey, Alvin Luckett, Benjamin McAbee, Joseph Osborne, David Thompson, James Vann (Attachments: # 1 Exhibit 52 MTC_ESI_0000669, Email from Frank Shaw to Tyeasa Evans, May 23, 2013, # 2 Exhibit 53 MTC_ESI_0000293, Email from Tyeasa Evans to Jerry Buscher, June 2, 2014, # 3 Exhibit 54 Diane Skipworth Report Addendum, # 4 Exhibit 55 Defendants Responses to Plaintiffs First Set of Requests for Admission, # 5 Exhibit 56 MTC_ESI_0000231, Email from Marjorie Brown to Archie Longley, cc: Christopher Epps, June 18, 2013, # 6 Exhibit 57 Letter from Margaret Winter to Christopher Epps, May 15, 2012, # 7 Exhibit 58 MTC_ESI_0000471, Email from Deputy Commissioner Archie Longley to Commissioner Christopher Epps, June 16, 2014, # 8 Exhibit 59 MTC_ESI_0000287, Email from Tyeasa Evans to Norris Hogans, June 6, 2014, # 9 Exhibit 60 Declaration of Isaiah Sanders, Jan. 7, 2014, # 10 Exhibit 61 Declaration of Terry Pierce, Jan. 7, 2014, # 11 Exhibit 62 Declaration of Demetrias Reed, Feb. 20, 2014, # 12 Exhibit 63 Declaration of Leo Laurent, Mar. 20, 2014, # 13 Exhibit 64 Declaration of DeAngelo Elmore, Feb. 19, 2013, # 14 Exhibit 65 Declaration of Rotheleo Dixon, Feb. 19, 2013, # 15 Exhibit 66 Declaration of Larry Walker, June 11, 2013, # 16 Exhibit 67 Declaration of Marcus Lewis, July 1, 2014, # 17 Exhibit 68 Declaration of Johnny Ailes, July 8, 2014, # 18 Exhibit 69 Declaration of Jermaine Dockery, Mar. 29, 2014, # 19 Exhibit 70 Declaration of Jeffery Covington, Sept. 10, 2014, # 20 Exhibit 71 Declaration of Joseph Osborne, Sept. 11,

Case: 3:13-cv-00326-WHB-JCG As of: 03/28/2019 03:52 PM CDT 67 of 136

09/25/2014 10/01/2014 10/01/2014 10/02/2014
10/03/2014 10/03/2014 10/03/2014 10/06/2014 10/06/2014 10/06/2014 10/06/2014

2014, # 21 Exhibit 72 Declaration of Phillip Fredenburg, Sept. 11, 2014, # 22 Exhibit 73 Declaration of John Barrett, Sept. 11, 2014, # 23 Exhibit 74 Declaration of Derrick Hayes, Sept. 10, 2014, # 24 Exhibit 75 Declaration of Alvin Luckett, Sept. 11, 2014, # 25 Exhibit 76 Declaration of James Vann, Sept. 11, 2014, # 26 Exhibit 77 Declaration of Margaret Winter, Sept. 24, 2014, # 27 Exhibit 78 Declaration of Jody E. Owens, II, Sept. 25, 2014, # 28 Exhibit 79 Declaration of Elizabeth Alexander, Sept. 24, 2014, # 29 Exhibit 80 Declaration of Mari K. Bonthuis, Sept. 24, 2014, # 30 Exhibit 81 AG_013406, Email from Tyeasa Evans to Frank Shaw, Aug. 13, 2012)(Bonthuis − PHV, Mari) (Entered: 09/25/2014)
183 MEMORANDUM in Support re 179 MOTION to Certify Class filed by John Barrett, Dexter Campbell, Tafforest Chandler, Jeffrey Covington, Jermaine Dockery, Anthony Evans, Phillip Fredenburg, Courtney Galloway, Derrick Hayes, Christopher Lindsey, Alvin Luckett, Benjamin McAbee, Joseph Osborne, David Thompson, James Vann (Bonthuis − PHV, Mari) (Entered: 09/25/2014)
TEXT ONLY ORDER granting 173 Unopposed Motion for Extension of Time to File Response/Reply. Non−party movant response to 155 Motion to Compel was timely filed on 9/24/14. Plaintiffs' deadline to reply is 10/08/14. NO FURTHER WRITTEN ORDER WILL ISSUE FROM THE COURT. Signed by Magistrate Judge John C. Gargiulo on 10/1/14 (JB) (Entered: 10/01/2014)
184 ORDER granting 174 Motion to Appear Pro Hac Vice. Signed by Magistrate Judge John C. Gargiulo on 10/1/14 (JB) (Entered: 10/01/2014)
185 MEMORANDUM in Support re 157 MOTION to Compel Plaintiffs' Reply Memorandum in Support of Motion to Compel Defendants' E−mail Production of the Mississippi Department of Corrections and Its Agent Managment And Training Corporation filed by John Barrett, Dexter Campbell, Tafforest Chandler, Jeffrey Covington, Jermaine Dockery, Anthony Evans, Phillip Fredenburg, Courtney Galloway, Derrick Hayes, Christopher Lindsey, Alvin Luckett, Benjamin McAbee, Joseph Osborne, David Thompson, James Vann (Bonthuis − PHV, Mari) (Entered: 10/02/2014)
186 Unopposed MOTION for Extension of Time to File Response/Reply as to 179 MOTION to Certify Class , 183 Memorandum in Support of Motion, 182 Attachment, 181 Attachment 180 Attachment, by Christopher Epps, Archie Longley, Gloria Perry (Stephens, John) (Entered: 10/03/2014)
TEXT ONLY ORDER granting 186 unopposed Motion for Extension of Time until 11/14/14 to File Response/Reply to motion to certify class. NO FURTHER WRITTEN ORDER SHALL ISSUE FROM THIS COURT. Issued by District Judge Tom S. Lee on 10/3/14 (LWE) (Entered: 10/03/2014)
187 Unopposed MOTION for Extension of Time to File Response/Reply as to 164 MOTION to Compel Defendants' Email Production from Health Assurance, LLC by Christopher Epps, Archie Longley, Gloria Perry (Pedersen, Robert) (Entered: 10/03/2014)
TEXT ONLY ORDER granting 187 Unopposed Motion for Extension of Time to File Response/Reply. Response to 164 Motion to Compel due by 10/06/14. NO FURTHER WRITTEN ORDER WILL ISSUE FROM THE COURT. Signed by Magistrate Judge John C. Gargiulo on 10/06/14 (JB) (Entered: 10/06/2014)
188 RESPONSE in Opposition re 164 MOTION to Compel Defendants' Email Production from Health Assurance, LLC filed by Health Assurance LLC (Attachments: # 1 Exhibit (I) Response to SDT, # 2 Exhibit (II) Elliott Affidavit, # 3 Exhibit (III) Andra Declaration, # 4 Exhibit (IV) Little Affidavit, # 5 Exhibit (V) Depo Excerpts)(Pedersen, Robert) (Entered: 10/06/2014)
189 RESPONSE in Opposition re 164 MOTION to Compel Defendants' Email Production from Health Assurance, LLC filed by Christopher Epps, Archie Longley, Gloria Perry (Attachments: # 1 Exhibit I−Response to RFPD, # 2 Exhibit II−Andra Declaration, # 3 Exhibit III−Letter from Bonthuis to Pizzetta)(Pedersen, Robert) (Entered: 10/06/2014)
190 MEMORANDUM IN SUPPORT re 188 Response in Opposition to Motion, filed by Health Assurance LLC (Pedersen, Robert) (Entered: 10/06/2014)

Case: 3:13-cv-00326-WHB-JCG As of: 03/28/2019 03:52 PM CDT 68 of 136

10/06/2014 10/08/2014
10/08/2014
10/09/2014 10/09/2014 10/09/2014 10/14/2014 10/15/2014
10/17/2014 10/27/2014
10/27/2014 10/28/2014 10/29/2014

191 MEMORANDUM IN SUPPORT re 189 Response in Opposition to Motion, filed by Christopher Epps, Archie Longley, Gloria Perry (Pedersen, Robert) (Entered: 10/06/2014)
192 MEMORANDUM in Support re 155 MOTION to Compel filed by John Barrett, Dexter Campbell, Tafforest Chandler, Jeffrey Covington, Jermaine Dockery, Anthony Evans, Phillip Fredenburg, Courtney Galloway, Derrick Hayes, Christopher Lindsey, Alvin Luckett, Benjamin McAbee, Joseph Osborne, David Thompson, James Vann (Attachments: # 1 Exhibit 1 Prison Guards Pop Locks As Inmate 'Favors', # 2 Exhibit 2 Declaration of Jody E. Owens, II)(Bonthuis − PHV, Mari) (Entered: 10/08/2014)
193 MOTION for Benjamin R. Salk to Appear Pro Hac Vice by John Barrett, Dexter Campbell, Tafforest Chandler, Jeffrey Covington, Jermaine Dockery, Anthony Evans, Phillip Fredenburg, Courtney Galloway, Derrick Hayes, Christopher Lindsey, Alvin Luckett, Benjamin McAbee, Joseph Osborne, David Thompson, James Vann (Attachments: # 1 Exhibit 1 Certificate of Good Standing)(Bonthuis − PHV, Mari) (Entered: 10/08/2014)
Pro Hac Vice fee paid for Benjamin R. Salk receipt number 0538−2793920 $ 100 (Bonthuis − PHV, Mari) (Entered: 10/09/2014)
194 ORDER OF RECUSAL. District Judge Tom S. Lee recused. Case reassigned to District Judge William H. Barbour, Jr for all further proceedings Signed by District Judge Tom S. Lee on 10/9/14 (PKM) (Entered: 10/09/2014)
195 NOTICE of Service of Supplemental Response to Request for Production by Christopher Epps, Archie Longley, Gloria Perry (Pedersen, Robert) (Entered: 10/09/2014)
196 STIPULATION of Dismissal of Plaintiff Dexter Campbell by Jermaine Dockery, Christopher Epps, Anthony Evans, Phillip Fredenburg, Courtney Galloway, Derrick Hayes, Christopher Lindsey, Archie Longley, Alvin Luckett, Benjamin McAbee, Joseph Osborne, Gloria Perry, David Thompson, James Vann (Johnson, Elissa) (Entered: 10/14/2014)
197 MEMORANDUM in Support re 164 MOTION to Compel Defendants' Email Production from Health Assurance, LLC Plaintiffs' Reply Memorandum in Support of Plaintiffs' Motion to Compel filed by John Barrett, Dexter Campbell, Tafforest Chandler, Jeffrey Covington, Jermaine Dockery, Phillip Fredenburg, Courtney Galloway, Derrick Hayes, Christopher Lindsey, Alvin Luckett, Benjamin McAbee, Joseph Osborne, David Thompson, James Vann (Bonthuis − PHV, Mari) (Entered: 10/15/2014)
198 NOTICE of Service of Revised Supplemental Response to Request for Production by Christopher Epps, Archie Longley, Gloria Perry (Pedersen, Robert) (Entered: 10/17/2014)
199 **ERROR** Disregard this entry. NOTICE of Service of Plaintiffs' Fourth Supplemental Response to Request for Production by John Barrett, Dexter Campbell, Tafforest Chandler, Jeffrey Covington, Jermaine Dockery, Anthony Evans, Phillip Fredenburg, Courtney Galloway, Derrick Hayes, Christopher Lindsey, Alvin Luckett, Benjamin McAbee, Joseph Osborne, David Thompson, James Vann (Owens, Jody) Modified on 10/28/2014 (PKM). (Entered: 10/27/2014)
200 NOTICE of Service of Plaintiffs' Fourth Set of Supplemental Response to Request for Production by John Barrett, Tafforest Chandler, Jeffrey Covington, Jermaine Dockery, Anthony Evans, Phillip Fredenburg, Courtney Galloway, Derrick Hayes, Christopher Lindsey, Alvin Luckett, Benjamin McAbee, Joseph Osborne, David Thompson, James Vann (Johnson, Elissa) (Entered: 10/27/2014)
DOCKET ANNOTATION as to 199 : Incorrect document attached. Correct document has been filed as document 200 (PKM) (Entered: 10/28/2014)
201 STIPULATION of Dismissal OF PLAINTIFF DAVID THOMPSON, PLAINTIFF COURTNEY GALLOWAY, PLAINTIFF TAFFOREST CHANDLER, PLAINTIFF BENJAMIN MCABEE, PLAINTIFF ANTHONY EVANS, AND PLAINTIFF CHRISTOPHER LINDSEY by Christopher Epps, Archie Longley, Gloria Perry (Pedersen, Robert) (Entered: 10/29/2014)

Case: 3:13-cv-00326-WHB-JCG As of: 03/28/2019 03:52 PM CDT 69 of 136

10/29/2014 10/29/2014 10/29/2014 10/29/2014 10/29/2014 10/29/2014 10/31/2014 11/04/2014 11/07/2014
11/07/2014 11/10/2014
11/12/2014
11/13/2014 12/03/2014
12/03/2014
12/03/2014

202 ORDER denying 157 Motion to Compel. Signed by Magistrate Judge John C. Gargiulo on 10/29/2014 (JB) (Entered: 10/29/2014)
203 ORDER denying 164 Motion to Compel. Signed by Magistrate Judge John C. Gargiulo on 10/29/2014 (JB) (Entered: 10/29/2014)
204 ORDER denying 155 Motion to Compel. Signed by Magistrate Judge John C. Gargiulo on 10/29/2014 (JB) (Entered: 10/29/2014)
205 ORDER denying 90 Motion for Protective Order. Signed by Magistrate Judge John C. Gargiulo on 10/29/2014 (JB) (Entered: 10/29/2014)
206 ORDER denying 112 Motion for Special Discovery Relief. Signed by Magistrate Judge John C. Gargiulo on 10/29/2014 (JB) (Entered: 10/29/2014)
207 ORDER granting 193 Motion to Appear Pro Hac Vice. Signed by Magistrate Judge John C. Gargiulo on 10/29/2014 (JB) (Entered: 10/29/2014)
208 MOTION for Extension of Time to File Response/Reply as to 179 MOTION to Certify Class by Christopher Epps, Archie Longley, Gloria Perry (Stephens, John) (Entered: 10/31/2014)
209 ORDER denying 135 Motion for Further Relief Pursuant to Protective Order. Signed by Magistrate Judge John C. Gargiulo on 11/04/14 (JB) (Entered: 11/04/2014)
210 MOTION to Intervene by John Barrett, Jeffrey Covington, Jermaine Dockery, Phillip Fredenburg, Derrick Hayes, Alvin Luckett, Joseph Osborne, James Vann (Attachments: # 1 Exhibit A Declaration of Michael Combs, # 2 Exhibit B Declaration of Eddie Pugh, # 3 Exhibit C Declaration of Derrick Lane, # 4 Exhibit D Declaration of Tavares Flaggs, # 5 Exhibit E Declaration of Henry Moore)(Johnson, Elissa) (Entered: 11/07/2014)
211 MEMORANDUM in Support re 210 MOTION to Intervene filed by John Barrett, Jeffrey Covington, Jermaine Dockery, Phillip Fredenburg, Derrick Hayes, Alvin Luckett, Joseph Osborne, James Vann (Johnson, Elissa) (Entered: 11/07/2014)
TEXT ONLY ORDER granting 208 Motion for Extension of Time to File Response/Reply to Plaintiffs' Motion for Class Certification. Responses due by 12/15/2014. NO FURTHER WRITTEN ORDER SHALL ISSUE. Signed by District Judge William H. Barbour, Jr on 11/10/14 (Lewis, Nijah) (Entered: 11/10/2014)
TEXT ONLY ORDER granting 175 Motion for Leave to File Excess Pages. Plaintiffs are granted leave to file a Memorandum Brief in support of the Motion to Certify Class that totals 79 pages in length. Plaintiffs are granted leave to file a Rebuttal Memorandum to that Motion that is 20 pages in length. NO FURTHER WRITTEN ORDER SHALL ISSUE. Signed by District Judge William H. Barbour, Jr on 11/12/2014 (Lewis, Nijah) (Entered: 11/12/2014)
212 RESPONSE to Motion re 210 MOTION to Intervene filed by Christopher Epps, Archie Longley, Gloria Perry (Pedersen, Robert) (Entered: 11/13/2014)
213 Unopposed MOTION to Seal Certain Exhibits Filed With Plaintiffs' Motion for Class Certification by John Barrett, Jeffrey Covington, Jermaine Dockery, Phillip Fredenburg, Derrick Hayes, Alvin Luckett, Joseph Osborne, James Vann (Bonthuis − PHV, Mari) (Entered: 12/03/2014)
214 MEMORANDUM in Support re 213 Unopposed MOTION to Seal Certain Exhibits Filed With Plaintiffs' Motion for Class Certification filed by John Barrett, Jeffrey Covington, Jermaine Dockery, Phillip Fredenburg, Derrick Hayes, Alvin Luckett, Joseph Osborne, James Vann (Bonthuis − PHV, Mari) (Entered: 12/03/2014)
215 ORDER granting 213 Motion to Seal. The Clerk of the Court is hereby ordered to place under seal the following documents from the public docket:Exhibit 2, ECF No. 179−2; Exhibit 4, ECF No. 179−4;Exhibit 5, ECF No. 179−5; Exhibit 6, ECF No. 179−6; Exhibit 7, ECF No. 179−7; Exhibit 18, ECF No. 179−18; Exhibit 25, ECF No. 181−4; Exhibit 26, ECF No. 181−5; Exhibit 30, ECF No. 181−9; Exhibit 32, ECF No. 181−11; Exhibit 35, ECF No. 181−14; Exhibit 36, ECF No. 181−15; Exhibit 44, ECF No. 181−23; Exhibit 48, ECF No. 181−27; Exhibit 54, ECF No. 182−3; Exhibit 57, ECF No. 182−6. Plaintiffs shall re−file the above exhibits with the appropriate and

Case: 3:13-cv-00326-WHB-JCG As of: 03/28/2019 03:52 PM CDT 70 of 136

12/05/2014 12/15/2014 12/15/2014

necessary redactions within seven (7) days of the entry of this Order. Signed by District Judge William H. Barbour, Jr on 12/3/2014 (Lewis, Nijah) (Entered: 12/03/2014)
216 ATTACHMENT re 179 MOTION to Certify Class Redacted Exhibit 2 Patients on Psych Meds by John Barrett, Jeffrey Covington, Jermaine Dockery, Phillip Fredenburg, Derrick Hayes, Alvin Luckett, Joseph Osborne, James Vann (Attachments: # 1 Redacted Exhibit 4 Expert Report of Dr. Terry Kupers, MD, MS, # 2 Redacted Exhibit 5 Expert Report of Dr. Marc Stern, MD, # 3 Redacted Exhibit 6 Expert Report of Eldon Vail, # 4 Redacted Exhibit 7 Excerpts from the Deposition of Matthew Naidow, # 5 Redacted Exhibit 18 MTC_ESI_0000268, Email from Tyeasa Evans to Jerry Buscher, June 12, 2014, # 6 Redacted Exhibit 25 MTC_ESI_000764, Email from Jerry Buscher to Archie Longley, Tyeasa Evans, and Tony Compton, June 17, 2014, # 7 Redacted Exhibit 26 MTC_ESI_0000762, Email from Jerry Buscher to Tony Compton, June 19, 2014, # 8 Redacted Exhibit 30 Expert Report of Madeleine LaMarre, MN, FNP−BC, # 9 Redacted Exhibit 32 AC_013645, Email from Tyeasa Evans to Frank Shaw and Federico Ovalle, Sept. 20, 2012, # 10 Redacted Exhibit 35 Expert Report of Dr. Bart Abplanalp, # 11 Redacted Exhibit 36 MTC_ESI_0000389, Email from Tony Compton to Tyeasa Evans and Chandra Berryman−Willis, June 24, 2014, # 12 Redacted Exhibit 44 Exhibit 44 HALLC EMCF Mortality/Death Review, Dec. 23, 2013, # 13 Redacted Exhibit 48 AG_008991, Email from Tyeasa Evans to Frank Shaw, Oct. 11, 2012, # 14 Redacted Exhibit 54 Diane Skipworth Report Addendum, # 15 Redacted Exhibit 57 Letter from Margaret Winter to Christopher Epps, May 15, 2012)(Bonthuis − PHV, Mari) (Entered: 12/05/2014)
217 RESPONSE in Opposition re 179 MOTION to Certify Class filed by Archie Longley, Gloria Perry, Richard D. McCarty (Attachments: # 1 Exhibit 1 − Residential Services Agreement, # 2 Exhibit 2 − Report of Kenneth McGinnis & Tom Roth, # 3 Exhibit 3 − Light Bulb Replacement Log, # 4 Exhibit 4 − HALLC Contract, # 5 Exhibit 5 − Collective Exhibit − HALLC Policies, # 6 Exhibit 6 − HALLC Staffing Matrix, # 7 Exhibit 7 − HALLC Job Descriptions and Related Documents, # 8 Exhibit 8 − Report of Shelvy Keglar, # 9 Exhibit 9 − HALLC Medical Audit/Comprehensive Quality Improvement Committee Reports, # 10 Exhibit 10 − Report of Dr. Carl Reddix (with attachments), # 11 Exhibit 11 − Report of Dr. Gabra Gachaw, # 12 Exhibit 12 − Work Orders Related to Door Repairs, # 13 Exhibit 13 − MDOC Standard Operating Procedure No. 16−13−1 (Use of Force), # 14 Exhibit 14 − Report of Eldon Vail in Parsons v. Ryan, # 15 Exhibit 15 − MDOC Standard Operating Procedure No. 23−05−01 (Meal Service), # 16 Exhibit 16 − Addendum to Report of Diane Skipworth, # 17 Exhibit 17 − Report of John Lee, # 18 Exhibit 18 − Maintenance Work Orders Related to Light Repair/Replacement, # 19 Exhibit 19 − MDOC Policy No. 17−01 (Fire Safety), # 20 Exhibit 20 − MDOC − Standard Operating Procedure 17−01−01 (Fire Safety), # 21 Exhibit 21 − MTC Emergency Plan, # 22 Exhibit 22 − Pest Control Invoices, # 23 Exhibit 23 − Report of Dr. Michael Riddix)(Johnson, Walter) (Entered: 12/15/2014)
218 ATTACHMENT re 217 Response in Opposition to Motion,,,,, by Archie Longley, Richard D. McCarty, Gloria Perry (Attachments: # 1 Exhibit 24 − MDOC Policy No. 23−03 (Food Services Health & Safety Regulations), # 2 Exhibit 25 − MDOC Standard Operating Procedure No. 23−03−01 (Food Services Health & Safety Regulations), # 3 Exhibit 26 − MDOH Inspection Report for EMCF (April 2014), # 4 Exhibit 27 − MDOH Inspection Report for EMCF (July 2014), # 5 Exhibit 28 − MDOH − Food Facility Inspections, Shapley's, # 6 Exhibit 29 − MDOH − Food Facility Inspections, Tico's Steakhouse, # 7 Exhibit 30 − MDOH − Food Facility Inspections, Parlor Market, # 8 Exhibit 31 − MDOH − Understanding Food Facility Inspection Grades, # 9 Exhibit 32 − MDOC Policy No. 23−05 (Meal Service), # 10 Exhibit 33 − MDOC Policy No. 20−05 (Protection from Harm), # 11 Exhibit 34 − MDOC Standard Operating Procedure No. 20−05−01 (Protection from Harm), # 12 Exhibit 35 − Affidavit of Dr. Michael Reddix, # 13 Exhibit 36 − Excerpts from Deposition of James Naidow, # 14 Exhibit 37 − Report of Cecil Patmon, # 15 Exhibit 38 − Report of Dr. David Thomas, # 16 Exhibit 39 − Report of Dr. Emlee Nicholson, # 17 Exhibit 40 − Affidavits of Dr. Emlee Nicholson − Collective Exhibit, # 18 Exhibit 41 − Affidavit of Evelyn Dunn, Board Certified Adult Psychiatric & Mental Health Nurse Practitioner, # 19 Exhibit 42 − Affidavit of Dr. Dennis Huggins, # 20 Exhibit 43 − MDOC Policy No. 19−01 (Offender Segregation), # 21 Exhibit 44 − MDOC Standard Operating Procedure No. 19−01−01 (Offender Segregation), # 22 Exhibit 45

Case: 3:13-cv-00326-WHB-JCG As of: 03/28/2019 03:52 PM CDT 71 of 136

12/15/2014 12/15/2014 12/15/2014 12/15/2014
12/15/2014 12/16/2014 12/16/2014 12/16/2014
12/16/2014 12/23/2014

− MDOC Policy No. 24−01 (Facility Sanitation), # 23 Exhibit 46 − MDOC Standard Operating Procedure 24−01−01 (Facility Sanitation))(Johnson, Walter) (Entered: 12/15/2014)
219 MOTION for Leave to File Excess Pages by Archie Longley, Richard D. McCarty, Gloria Perry (Stephens, John) (Entered: 12/15/2014)
220 Unopposed MOTION for Leave to File Excess Pages (AMENDED) by Archie Longley, Richard D. McCarty, Gloria Perry (Friedman, Gary) (Entered: 12/15/2014)
221 MEMORANDUM in Opposition re 179 MOTION to Certify Class filed by Archie Longley, Richard D. McCarty, Gloria Perry (Friedman, Gary) (Entered: 12/15/2014)
222 MOTION to Exclude Plaintiffs' Medical and Mental Health Expert Witnesses by Archie Longley, Richard D. McCarty, Gloria Perry (Attachments: # 1 Exhibit A−Nicholson Aff. re Kupers, # 2 Exhibit B−Nicholson Aff. re Abplanalp, # 3 Exhibit C−Nicholson Aff. re LaMarre, # 4 Exhibit Nicholson Aff. re Stern, # 5 Exhibit E−Aff. Dr. Michael Reddix, # 6 Exhibit F−Aff. Evelyn Dunn, # 7 Exhibit G−Anderson Medical Records, # 8 Exhibit H−Autry Medical Records, # 9 Exhibit I−Barnett Medical Records, # 10 Exhibit J−Barrett Medical Records, # 11 Exhibit K−Covington Medical Records, # 12 Exhibit L−Dockery Medical Records, # 13 Exhibit M−Flaggs Medical Records, # 14 Exhibit N−Fredenburg Medical Records, # 15 Exhibit O−Hayes Medical Records, # 16 Exhibit PHayes Medical Records, # 17 Exhibit Q−Hogan Medical Records, # 18 Exhibit R−Luckett Medical Records, # 19 Exhibit S−Lyons Medical Records, # 20 Exhibit T−Osbourne Medical Records, # 21 Exhibit U−Robinson Medical Records, # 22 Exhibit V−Vann Medical Records)(Pedersen, Robert) (Entered: 12/15/2014)
223 MOTION to Seal Certain Exhibits by Archie Longley, Richard D. McCarty, Gloria Perry (Pedersen, Robert) (Entered: 12/15/2014)
224 MEMORANDUM in Support re 222 MOTION to Exclude Plaintiffs' Medical and Mental Health Expert Witnesses filed by Archie Longley, Richard D. McCarty, Gloria Perry (Pedersen, Robert) (Entered: 12/16/2014)
TEXT ONLY ORDER granting 219 Motion for Leave to File Excess Pages; granting 220 Motion for Leave to File Excess Pages. Defendants are hereby granted leave to exceed the page limitation of Rule 7(b)(5) and file an oppositional response to Plaintiffs' Motion for Class Certification that is one hundred and nineteen (119) pages in length. NO FURTHER WRITTEN ORDER SHALL ISSUE. Signed by District Judge William H. Barbour, Jr on 12−16−14 (Lewis, Nijah) (Entered: 12/16/2014)
225 ORDER granting 223 Motion to Seal. The Clerk of the Court is hereby ordered to place under seal the following documents from the public: Exhibit I Medical records of Barnett, Corey #R5905 (1695 pages);Exhibit J Medical records of Barrett, John #2757 (4093 pages);Exhibit K Medical records of Covington, Jeffery #171478 (449 pages);Exhibit L Medical records of Dockery, Jermaine #K2538 (1327 pages);Exhibit M Medical records of Flaggs, Tavares #M16163 (3674 pages);Exhibit N Medical records of Fredenburg, Philip #141387 (834 pages); Exhibit O Medical records of Hayes, Derrick #101544 (1413 pages); Exhibit P Medical records of Hayes, Gregory #146872 (1259 pages); Exhibit Q Medical records of Hogan, Otey #55786 (3029 pages); Exhibit R Medical records of Luckett, Alvin #44018 (1679 pages); Exhibit S Medical records of Lyons, Rico #128270 (2745 pages); Exhibit T Medical records of Osborne, Joseph #M2916 (987 pages); Exhibit U Medical records of Robinson, Willie #58101 (1062 pages); Exhibit V Medical records of Vann, James #137404 (3285 pages) Signed by District Judge William H. Barbour, Jr on 12/16/2014 (Lewis, Nijah) (Entered: 12/16/2014)
226 MOTION for Extension of Time to File Memorandum in Support of Motion to Exclude Plaintiffs' Medical and Mental Health Expert Witnesses [Dkt. 224] by Archie Longley, Richard D. McCarty, Gloria Perry (Pedersen, Robert) (Entered: 12/16/2014)
227 Unopposed MOTION for Extension of Time to File Response/Reply as to 222 MOTION to Exclude Plaintiffs' Medical and Mental Health Expert Witnesses by John Barrett, Michael Combs, Jeffrey Covington, Jermaine Dockery, Tavares Flaggs, Phillip Fredenburg, Derrick Hayes, Derrick Lane, Alvin Luckett, Henry Moore, Joseph Osborne, Eddie Pugh, James Vann (Johnson, Elissa) (Entered: 12/23/2014)

Case: 3:13-cv-00326-WHB-JCG As of: 03/28/2019 03:52 PM CDT 72 of 136

12/23/2014 12/23/2014 12/23/2014 12/23/2014 02/09/2015
02/10/2015 02/10/2015 02/12/2015 02/13/2015 02/24/2015

228 Unopposed MOTION for Extension of Time to File Response/Reply as to 217 Response in Opposition to Motion,,,,, for Class Certification by John Barrett, Michael Combs, Jeffrey Covington, Jermaine Dockery, Tavares Flaggs, Phillip Fredenburg, Derrick Hayes, Derrick Lane, Alvin Luckett, Henry Moore, Joseph Osborne, Eddie Pugh, James Vann (Johnson, Elissa) (Entered: 12/23/2014)
TEXT ONLY ORDER granting 226 Motion for Extension of Time to File. The Memorandum in Support of Motion to Exclude is deemed timely filed. NO FURTHER WRITTEN ORDER SHALL ISSUE. Signed by District Judge William H. Barbour, Jr on 12−23−14 (Lewis, Nijah) (Entered: 12/23/2014)
TEXT ONLY ORDER granting 227 Motion for Extension of Time to File Response/Reply. Response to Motion to Exclude is due on or before February 9, 2015. NO FURTHER WRITTEN ORDER SHALL ISSUE. Signed by District Judge William H. Barbour, Jr on 12−23−14 (Lewis, Nijah) (Entered: 12/23/2014)
TEXT ONLY ORDER granting 228 Motion for Extension of Time to File Response/Reply. Rebuttal to Motion for Class Certification is due on or before March 5, 2015. NO FURTHER WRITTEN ORDER SHALL ISSUE. Signed by District Judge William H. Barbour, Jr on 12/23/14 (Lewis, Nijah) (Entered: 12/23/2014)
229 Response in Opposition re 222 MOTION to Exclude Plaintiffs' Medical and Mental Health Expert Witnesses by Archie Longley, Richard D. McCarty, Gloria Perry (Attachments: # 1 Exhibit A−Nicholson Aff. re Kupers, # 2 Exhibit B−Nicholson Aff. re Abplanalp, # 3 Exhibit C−Nicholson Aff. re LaMarre, # 4 Exhibit Nicholson Aff. re Stern, # 5 Exhibit E−Aff. Dr. Michael Reddix, # 6 Exhibit F−Aff. Evelyn Dunn, # 7 Exhibit G−Anderson Medical Records, # 8 Exhibit H−Autry Medical Records, # 9 Exhibit I−Barnett Medical Records, # 10 Exhibit J−Barrett Medical Records, # 11 Exhibit K−Covington Medical Records, # 12 Exhibit L−Dockery Medical Records, # 13 Exhibit M−Flaggs Medical Records, # 14 Exhibit N−Fredenburg Medical Records, # 15 Exhibit O−Hayes Medical Records, # 16 Exhibit PHayes Medical Records, # 17 Exhibit Q−Hogan Medical Records, # 18 Exhibit R−Luckett Medical Records, # 19 Exhibit S−Lyons Medical Records, # 20 Exhibit T−Osbourne Medical Records, # 21 Exhibit U−Robinson Medical Records, # 22 Exhibit V−Vann Medical Records)(Pedersen, Robert) Plaintiffs' Response in Opposition to Defendants' Motion to Exclude Plaintiffs' Medical and Mental Health Expert Witnesses filed by John Barrett, Jeffrey Covington, Jermaine Dockery, Phillip Fredenburg, Derrick Hayes, Alvin Luckett, Joseph Osborne, James Vann (Attachments: # 1 Exhibit 1 − Declaration of Ronald Shansky, MD, MPH, # 2 Exhibit 2 − Declaration of Mark Stern, MD, MPH, # 3 Exhibit 3 − Declaration of Madeleine LaMarre, MN, FNP−BC, # 4 Exhibit 4 − Declaration of Terry A. Kupers, M.D., M.S.P., # 5 Exhibit 5 − Declaration of Bart Abplanalp, PhD)(Bonthuis − PHV, Mari) (Entered: 02/09/2015)
DOCKET ANNOTATION as to [229: This document is not accompanied by a certificate of service. A certificate of service must be attached to a document [Administrative Procedures for Electronic Case Filing, Sec. 4.A.1, Sec. 4.B, and Fed.R.Civ.P. Rule 5(d)(1)]. Attorney is directed to file a certificate as CERTIFICATE OF SERVICE and link it to the proper document. (PKM) (Entered: 02/10/2015)
230 CERTIFICATE OF SERVICE by John Barrett, Jeffrey Covington, Jermaine Dockery, Phillip Fredenburg, Derrick Hayes, Alvin Luckett, Joseph Osborne, James Vann re 229 Response in Opposition,,,,,, (Bonthuis − PHV, Mari) (Entered: 02/10/2015)
231 Unopposed MOTION for Extension of Time to File Response/Reply as to 222 MOTION to Exclude Plaintiffs' Medical and Mental Health Expert Witnesses by Archie Longley, Richard D. McCarty, Gloria Perry (Attachments: # 1 Exhibit A (Notice of Trial Date), # 2 Exhibit B (Notice of Hearing))(Pedersen, Robert) (Entered: 02/12/2015)
TEXT ONLY ORDER granting 231 Motion for Extension of Time to File Response/Reply. Rebuttal to Motion to Exclude (Docket No. 222) shall be filed on or before 3/16/2015. NO FURTHER WRITTEN ORDER SHALL ISSUE. Signed by District Judge William H. Barbour, Jr on 2/13/20154 (Lewis, Nijah) (Entered: 02/13/2015)
232 Unopposed MOTION for Extension of Time to File Response/Reply as to 217 Response in Opposition to Motion,,,,, by John Barrett, Jeffrey Covington, Jermaine

Case: 3:13-cv-00326-WHB-JCG As of: 03/28/2019 03:52 PM CDT 73 of 136

02/26/2015
03/06/2015 03/13/2015 03/16/2015
03/16/2015 03/16/2015 03/16/2015 03/26/2015
03/26/2015
03/27/2015
03/27/2015
04/02/2015

Dockery, Phillip Fredenburg, Derrick Hayes, Alvin Luckett, Joseph Osborne, James Vann (Bonthuis − PHV, Mari) (Entered: 02/24/2015)
TEXT ONLY ORDER granting 232 Motion for Extension of Time to File Response/Reply. Plaintiffs are granted up to and including April 2, 2015 to file their Rebuttal to Motion for Class Certification. NO FURTHER WRITTEN ORDER SHALL ISSUE. Signed by District Judge William H. Barbour, Jr on 2/26/15 (Lewis, Nijah) (Entered: 02/26/2015)
233 ORDER granting 210 Motion to Intervene. Signed by Magistrate Judge John C. Gargiulo on 3/6/15 (MGB) (Entered: 03/06/2015)
234 MOTION for Leave to File Excess Pages UNOPPOSED MOTION TO EXTEND PAGE LIMIT FOR REBUTTAL MEMORANDUM by Archie Longley, Gloria Perry, Marshall L. Fisher (Pedersen, Robert) (Entered: 03/13/2015)
TEXT ONLY ORDER granting 234 Motion for Leave to File Excess Pages. Defendants may file a Rebuttal Memorandum of up to 20 pages in support of their Motion to Exclude Plaintiffs' Medical and Mental Health Expert Witnesses. NO FURTHER WRITTEN ORDER SHALL ISSUE. Signed by District Judge William H. Barbour, Jr on 3−16−2015 (Lewis, Nijah) (Entered: 03/16/2015)
235 MOTION to Strike by Marshall L. Fisher, Archie Longley, Gloria Perry (Attachments: # 1 Exhibit A−Dr. Shansky Declaration)(Pedersen, Robert) (Entered: 03/16/2015)
236 MEMORANDUM in Support re 235 MOTION to Strike Plaintiffs' Untimely Disclosure of Expert Witness Dr. Ronald Shansky filed by Marshall L. Fisher, Archie Longley, Gloria Perry (Pedersen, Robert) (Entered: 03/16/2015)
237 Rebuttal re 222 MOTION to Exclude Plaintiffs' Medical and Mental Health Expert Witnesses filed by Marshall L. Fisher, Archie Longley, Gloria Perry (Attachments: # 1 Exhibit A−Nicholson Affidavit)(Pedersen, Robert) (Entered: 03/16/2015)
238 Unopposed MOTION for Extension of Time to File Response/Reply as to 235 MOTION to Strike by John Barrett, Dexter Campbell, Tafforest Chandler, Jeffrey Covington, Jermaine Dockery, Anthony Evans, Phillip Fredenburg, Courtney Galloway, Derrick Hayes, Christopher Lindsey, Alvin Luckett, Benjamin McAbee, Joseph Osborne, David Thompson, James Vann, Eric Ward (Bonthuis − PHV, Mari) (Entered: 03/26/2015)
239 Unopposed MOTION for Leave to File Excess Pages by John Barrett, Dexter Campbell, Tafforest Chandler, Jeffrey Covington, Jermaine Dockery, Anthony Evans, Phillip Fredenburg, Courtney Galloway, Derrick Hayes, Christopher Lindsey, Alvin Luckett, Benjamin McAbee, Joseph Osborne, David Thompson, James Vann, Eric Ward (Bonthuis − PHV, Mari) (Entered: 03/26/2015)
TEXT ONLY ORDER granting Plaintiffs' 238 Unopposed Motion for Extension of Time to Respond to Defendants' Motion to Strike. Plaintiffs' Response to the Motion to Strike 235 is now due April 9, 2015. NO FURTHER WRITTEN ORDER WILL ISSUE. Signed by Magistrate Judge John C. Gargiulo on 3/27/2015 (HM) (Entered: 03/27/2015)
TEXT ONLY ORDER granting Plaintiffs' 239 Unopposed Motion to Exceed Page Limitation. Plaintiffs are permitted to file a Reply Brief in further support of their Motion for Class Certification that is no more than 75 pages in length. NO FURTHER WRITTEN ORDER WILL ISSUE. Signed by Magistrate Judge John C. Gargiulo on 3/27/2015 (HM) (Entered: 03/27/2015)
240 REPLY to Response to Motion re 221 Memorandum in Opposition to Motion, 179 MOTION to Certify Class filed by John Barrett, Dexter Campbell, Tafforest Chandler, Jeffrey Covington, Jermaine Dockery, Anthony Evans, Phillip Fredenburg, Courtney Galloway, Derrick Hayes, Derrick Lane, Christopher Lindsey, Alvin Luckett, Benjamin McAbee, Henry Moore, Joseph Osborne, Eddie Pugh, David Thompson, James Vann, Eric Ward (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9, # 10 Exhibit 10, # 11 Exhibit 11, # 12 Exhibit 12, # 13 Exhibit 13)(Bonthuis − PHV, Mari) (Entered: 04/02/2015)

Case: 3:13-cv-00326-WHB-JCG As of: 03/28/2019 03:52 PM CDT 74 of 136

04/03/2015 04/09/2015
04/17/2015 04/24/2015 04/27/2015 04/27/2015 04/27/2015 06/03/2015 06/15/2015
06/25/2015

DOCKET ANNOTATION as to # 240 : L.U.Civ.R. 7(b)(2) requires that all supporting exhibits to a document be denominated by an exhibit letter or number AND a meaningful description. Attorney is advised to follow this rule in future filings. (cwl) (Entered: 04/03/2015)
241 RESPONSE in Opposition re 235 MOTION to Strike Plaintiffs' Expert Witness Dr. Ronald M. Shansky filed by John Barrett, Dexter Campbell, Tafforest Chandler, Michael Combs, Jeffrey Covington, Jermaine Dockery, Anthony Evans, Tavares Flaggs, Phillip Fredenburg, Courtney Galloway, Derrick Hayes, Derrick Lane, Christopher Lindsey, Alvin Luckett, Benjamin McAbee, Henry Moore, Joseph Osborne, Eddie Pugh, David Thompson, James Vann, Eric Ward (Bonthuis − PHV, Mari) (Entered: 04/09/2015)
242 Rebuttal re 235 MOTION to Strike Plaintiffs' Untimely Disclosure of Expert Witness Dr. Ronald M. Shansky filed by Marshall L. Fisher, Archie Longley, Gloria Perry (Pedersen, Robert) (Entered: 04/17/2015)
243 MOTION to Withdraw as Attorney Ajmel Quereshi by John Barrett, Dexter Campbell, Tafforest Chandler, Michael Combs, Jeffrey Covington, Jermaine Dockery, Anthony Evans, Tavares Flaggs, Phillip Fredenburg, Courtney Galloway, Derrick Hayes, Derrick Lane, Christopher Lindsey, Alvin Luckett, Benjamin McAbee, Henry Moore, Joseph Osborne, Eddie Pugh, David Thompson, James Vann, Eric Ward (Quereshi − PHV, Ajmel) (Entered: 04/24/2015)
244 MOTION to Withdraw as Attorney filed on behalf of Brendan Parets by John Barrett, Dexter Campbell, Tafforest Chandler, Michael Combs, Jeffrey Covington, Jermaine Dockery, Anthony Evans, Tavares Flaggs, Phillip Fredenburg, Courtney Galloway, Derrick Hayes, Derrick Lane, Christopher Lindsey, Alvin Luckett, Benjamin McAbee, Henry Moore, Joseph Osborne, Eddie Pugh, David Thompson, James Vann, Eric Ward (Bonthuis − PHV, Mari) (Entered: 04/27/2015)
TEXT ONLY ORDER granting 243 Motion to Withdraw as Attorney. Attorney Ajmel Quereshi − PHV terminated. NO FURTHER WRITTEN ORDER WILL ISSUE FROM THIS COURT. Signed by Magistrate Judge John C. Gargiulo on 4/27/2015 (AB) (Entered: 04/27/2015)
TEXT ONLY ORDER granting 244 Motion to Withdraw as Attorney. Attorney Brendan Parets − PHV terminated. NO FURTHER WRITTEN ORDER WILL ISSUE FROM THIS COURT. Signed by Magistrate Judge John C. Gargiulo on 4/27/2015 (AB) (Entered: 04/27/2015)
245 ORDER granting 235 Motion to Strike. The Court will not consider the opinions or testimony offered by Dr. Ronald M. Shansky during the class certification stage of this proceeding. Signed by District Judge William H. Barbour, Jr on 6/3/2015 (Lewis, Nijah) (Entered: 06/03/2015)
246 NOTICE of Supplemental Authority by John Barrett, Dexter Campbell, Tafforest Chandler, Michael Combs, Jeffrey Covington, Jermaine Dockery, Anthony Evans, Tavares Flaggs, Phillip Fredenburg, Courtney Galloway, Derrick Hayes, Derrick Lane, Christopher Lindsey, Alvin Luckett, Benjamin McAbee, Henry Moore, Joseph Osborne, Eddie Pugh, David Thompson, James Vann, Eric Ward re 179 MOTION to Certify Class (Attachments: # 1 Exhibit June 10, 2015 Order of Hon. Carlton W. Reeves, DePriest v. Walnut Grove Correctional Authority.)(Bonthuis − PHV, Mari) (Entered: 06/15/2015)
247 Response in Opposition re 246 NOTICE of Supplemental Authority by John Barrett, Dexter Campbell, Tafforest Chandler, Michael Combs, Jeffrey Covington, Jermaine Dockery, Anthony Evans, Tavares Flaggs, Phillip Fredenburg, Courtney Galloway, Derrick Hayes, Derrick Lane, Christopher Lindsey, Alvin Luckett, Benjamin McAbee, Henry Moore, Joseph Osborne, Eddie Pugh, David Thompson, James Vann, Eric Ward re 179 MOTION to Certify Class (Attachments: # 1 Exhibit June 10, 2015 Order of Hon. Carlton W. Reeves, DePriest v. Walnut Grove Correctional Authority.)(Bonthuis − PHV, Mari) filed by Christopher Epps, Archie Longley, Management & Training Corporation (MTC), Richard D. McCarty, Gloria Perry (Friedman, Gary) (Entered: 06/25/2015)

Case: 3:13-cv-00326-WHB-JCG As of: 03/28/2019 03:52 PM CDT 75 of 136

07/10/2015 07/14/2015
07/16/2015
07/23/2015 07/23/2015 07/23/2015 07/27/2015 08/27/2015 08/27/2015 09/09/2015
09/10/2015
09/29/2015
10/01/2015 10/05/2015 10/12/2015 10/14/2015 10/22/2015

248 MOTION for Review re Violation 63 Protective Order by Jason Robert Case. (RRL) (Entered: 07/10/2015)
249 MOTION to Withdraw as Attorney on behalf of attorneys Robert H. Pedersen, Esq., Walter T. Johnson, Esq. and the law firm of Watkins & Eager, PLLC by Christopher Epps, Marshall L. Fisher, Health Assurance LLC, Archie Longley, Richard D. McCarty, Gloria Perry (Pedersen, Robert) (Entered: 07/14/2015)
TEXT ONLY ORDER granting 249 Motion to Withdraw as Attorney. Attorneys Walter T. Johnson and Robert H. Pedersen, and the law firm of Watkins & Eager terminated. NO FURTHER WRITTEN ORDER WILL ISSUE FROM THE COURT. Signed by Magistrate Judge John C. Gargiulo on 7/16/2015. (TSB) (Entered: 07/16/2015)
250 NOTICE of Appearance by Michael J. Bentley on behalf of Marshall L. Fisher, Archie Longley, Richard D. McCarty, Gloria Perry (Bentley, Michael) (Entered: 07/23/2015)
251 NOTICE of Appearance by Megan B. Conner on behalf of Marshall L. Fisher, Archie Longley, Richard D. McCarty, Gloria Perry (Conner, Megan) (Entered: 07/23/2015)
252 NOTICE of Appearance by Molly Mitchell Walker on behalf of Marshall L. Fisher, Archie Longley, Richard D. McCarty, Gloria Perry (Walker, Molly) (Entered: 07/23/2015)
253 RESPONSE in Opposition re 248 MOTION for Review re 63 Protective Order filed by Christopher Epps, Archie Longley, Richard D. McCarty, Gloria Perry (Friedman, Gary) (Entered: 07/27/2015)
254 REPLY to Response to Motion re 248 MOTION for Review re 63 Protective Order filed by Jason Robert Case (PKM) (Entered: 08/27/2015)
255 ATTACHMENT (Cover Letter to Gary Friedman and Envelope) re 254 Reply to Response to Motion by Jason Robert Case (PKM) (Entered: 08/27/2015)
256 MOTION to Withdraw as Attorney Elissa Johnson by John Barrett, Dexter Campbell, Tafforest Chandler, Jeffrey Covington, Jermaine Dockery, Phillip Fredenburg, Derrick Hayes, Alvin Luckett, Joseph Osborne, James Vann (Johnson, Elissa) (Entered: 09/09/2015)
TEXT ONLY ORDER granting 256 Motion to Withdraw as Plaintiffs' Counsel. Attorney Elissa F. Johnson terminated. NO FURTHER WRITTEN ORDER WILL ISSUE. Signed by Magistrate Judge John C. Gargiulo on 9/10/2015. (TSB) (Entered: 09/10/2015)
257 ORDER granting 179 Plaintiff's Motion for Class Certification. This action shall proceed as a class action with one General Class, the EMCF Class, and three Subclasses: the Isolation Subclass, the Mental Health Subclass, and the Units 5 and 6 Subclass.; denying 222 Defendants' Motion to Exclude Plaintiffs' Medical and Mental Health Expert Witnesses; Counsel for Plaintiffs shall, on or before October 15, 2015, contact Chambers of United States Magistrate Judge John C. Gargiulo and request the scheduling of a Case Management Conference. Signed by District Judge William H. Barbour, Jr on 9/29/15 (Lewis, Nijah) (Entered: 09/29/2015)
258 ORDER denying 248 Motion of Jason Robert Case for Review of Violation of Protective Order is hereby denied, without prejudice. Signed by District Judge William H. Barbour, Jr on 10/1/2015 (Lewis, Nijah) (Entered: 10/01/2015)
259 Rule 16(a) Initial Order: Telephonic Case Management Conference set for 10/30/2015 at 9:30 AM before Magistrate Judge John C. Gargiulo. (AB) (Entered: 10/05/2015)
260 NOTICE of Appearance by Nicholas F. Morisani on behalf of Christopher Epps, Archie Longley, Gloria Perry (Morisani, Nicholas) (Entered: 10/12/2015)
261 ACKNOWLEDGMENT OF Receipt on 10/7/15 re: document 259 by Jason Robert Case. (PKM) (Entered: 10/14/2015)
262 MOTION to Stay Proceedings Pending Adjudication of Rule 23(F) Petition for Leave To Appeal by Christopher Epps, Marshall L. Fisher, Archie Longley, Richard D. McCarty, Gloria Perry (Attachments: # 1 Exhibit A. Notice of Docket Activity, # 2

Case: 3:13-cv-00326-WHB-JCG As of: 03/28/2019 03:52 PM CDT 76 of 136

10/22/2015 10/29/2015 10/29/2015
11/02/2015 11/02/2015 11/03/2015 12/02/2015
12/02/2015
12/03/2015 12/07/2015 12/10/2015 12/10/2015 12/15/2015 12/18/2015

Exhibit B. Proposed ESI Protocol)(Friedman, Gary) (Entered: 10/22/2015)
263 MEMORANDUM in Support re 262 MOTION to Stay Proceedings Pending Adjudication of Rule 23(F) Petition for Leave To Appeal filed by Christopher Epps, Marshall L. Fisher, Archie Longley, Richard D. McCarty, Gloria Perry (Friedman, Gary) (Entered: 10/22/2015)
Reset Hearing: Telephonic Case Management Conference is RESET for 12/2/2015 at 10:00 AM before Magistrate Judge John C. Gargiulo. (AB) (Entered: 10/29/2015)
264 RESPONSE in Opposition re 262 MOTION to Stay Proceedings Pending Adjudication of Rule 23(F) Petition for Leave To Appeal filed by John Barrett, Dexter Campbell, Tafforest Chandler, Michael Combs, Jeffrey Covington, Jermaine Dockery, Anthony Evans, Tavares Flaggs, Phillip Fredenburg, Courtney Galloway, Derrick Hayes, Derrick Lane, Christopher Lindsey, Alvin Luckett, Benjamin McAbee, Henry Moore, Joseph Osborne, Eddie Pugh, David Thompson, James Vann, Eric Ward (Attachments: # 1 Exhibit)(Bonthuis − PHV, Mari) (Entered: 10/29/2015)
265 USCA ORDER denying petitioners' Motion for Leave to Appeal (Attachments: # 1 USCA Cover Letter)(PKM) (Entered: 11/02/2015)
266 NOTICE of Appearance by Krissy Casey Nobile on behalf of Marshall L. Fisher, Archie Longley, Gloria Perry (Nobile, Krissy) (Entered: 11/02/2015)
267 ORDER dismissing as moot 262 Motion to Stay Proceedings. Signed by District Judge William H. Barbour, Jr on 11/3/15 (Lewis, Nijah) (Entered: 11/03/2015)
Minute Entry for proceedings held before Magistrate Judge John C. Gargiulo: Telephonic Case Management Conference held on 12/2/2015. PARTICIPANTS: Jody E. Owens, II, Mari K. Bonthuis − PHV, Xinping Zhu − PHV, Benjamin R. Salk − PHV, Elizabeth Alexander − PHV and Erin Monju (counsel for Plaintiffs); Gary E. Friedman, Michael J. Bentley, Molly Mitchell Walker, Nicholas F. Morisani and Krissy Casey Nobile (counsel for Defendants). Another TCMC will be scheduled to further address issues raised by the Parties. (AB) (Entered: 12/02/2015)
TEXT ONLY ORDER On or before 12/18/2015, the parties are to provide the Court with a joint proposal on how they intend to address discovery of ESI. To be submitted to the Court via chambers email (Gargiulo_Chambers@mssd.uscourts.gov). NO FURTHER WRITTEN ORDER SHALL ISSUE FROM THE COURT. Signed by Magistrate Judge John C. Gargiulo on 12/2/2015 (AB) (Entered: 12/02/2015)
Set Hearing: Telephonic Case Management Conference set for 12/17/2015 at 10:00 AM before Magistrate Judge John C. Gargiulo. Counsel for Plaintiffs will place the call to Judge Gargiulo's Chambers with all necessary counsel on the line. (AB) (Entered: 12/03/2015)
Reset Hearing: Due to an attorney conflict, the Telephonic Case Management Conference is RESET for 12/18/2015 at 10:30 AM before Magistrate Judge John C. Gargiulo. Counsel for Plaintiffs will place the call to Judge Gargiulo's Chambers with all necessary counsel on the line. (AB) (Entered: 12/07/2015)
268 NOTICE of Service of Plaintiffs' Second Set of Interrogatories by John Barrett, Jeffrey Covington, Jermaine Dockery, Phillip Fredenburg, Derrick Hayes, Alvin Luckett, Joseph Osborne, James Vann (Owens, Jody) (Entered: 12/10/2015)
269 NOTICE of Service of Plaintiffs' Consolidated and Amended Request for Production by John Barrett, Jeffrey Covington, Jermaine Dockery, Phillip Fredenburg, Derrick Hayes, Alvin Luckett, Joseph Osborne, James Vann (Owens, Jody) (Entered: 12/10/2015)
270 NOTICE of Appearance by William B. Bardwell on behalf of All Plaintiffs (Bardwell, William) (Entered: 12/15/2015)
Minute Entry for proceedings held before Magistrate Judge John C. Gargiulo: Telephonic Case Management Conference held on 12/18/2015. PARTICIPANTS: Jody E. Owens, II, Mari K. Bonthuis − PHV, and Gabriel B. Eber − PHV (counsel for Plaintiffs); Gary E. Friedman, Michael J. Bentley, Nicholas F. Morisani and Krissy Casey Nobile (counsel for Defendants). A Case Management Order will be entered.

Case: 3:13-cv-00326-WHB-JCG As of: 03/28/2019 03:52 PM CDT 77 of 136

12/18/2015
01/11/2016 01/11/2016 01/27/2016 01/28/2016 01/28/2016 01/28/2016
01/28/2016 01/29/2016
02/01/2016 02/05/2016 02/08/2016

(AB) (Entered: 12/18/2015)
271 CASE MANAGEMENT ORDER: Disclosure due by 1/29/2016. Motions for Amended Pleadings due by 1/19/2016. Motions for Joinder of Parties due by 1/19/2016. Designate Experts Plaintiff Deadline due by 7/29/2016. Designate Experts for Defendant Deadline due by 9/16/2016. Designate Experts Plaintiff (Rebuttal) Deadline due by 10/17/2016. Discovery due by 11/30/2016. Motions due by 12/30/2016. Settlement Conference set for 2/16/2017 at 9:30 AM in Suite 6.550, Courtroom 6B (Jackson) before Magistrate Judge John C. Gargiulo. Signed by Magistrate Judge John C. Gargiulo on 12/18/2015 (AB) (Entered: 12/18/2015)
TEXT ONLY ORDER directing the parties to submit a joint proposal regarding ESI on or before 1/21/16. NO FURTHER WRITTEN ORDER WILL ISSUE. Signed by Magistrate Judge John C. Gargiulo on 1/11/2016. (TSB) (Entered: 01/11/2016)
272 NOTICE of Service of Response to Interrogatories by Christopher Epps, Archie Longley, Gloria Perry (Morisani, Nicholas) (Entered: 01/11/2016)
273 Unopposed MOTION for Extension of Time to Complete Discovery by Christopher Epps, Marshall L. Fisher, Archie Longley, Richard D. McCarty, Gloria Perry (Morisani, Nicholas) (Entered: 01/27/2016)
274 MOTION for Erin Katherine Monju to Appear Pro Hac Vice by John Barrett, Michael Combs, Jeffrey Covington, Jermaine Dockery, Tavares Flaggs, Phillip Fredenburg, Derrick Hayes, Derrick Lane, Alvin Luckett, Henry Moore, Joseph Osborne, Eddie Pugh, James Vann (Attachments: # 1 Exhibit A Certificate of Good Standing)(Owens, Jody) (Entered: 01/28/2016)
Pro Hac Vice fee paid for Erin Katherine Monju receipt number 0538−3114122 $ 100 (Owens, Jody) (Entered: 01/28/2016)
TEXT ONLY ORDER granting Defendants' Unopposed Motion 273 for Extension of Time to Serve Supplemental Disclosures and to Respond to Plaintiffs' Consolidated and Amended Requests for Production. Defendants' shall serve their supplemental disclosures and discovery responses on or before 2/15/2016. NO FURTHER WRITTEN ORDER WILL ISSUE. Signed by Magistrate Judge John C. Gargiulo on 1/28/2016. (TSB) (Entered: 01/28/2016)
275 NOTICE of Subpoena to Produce Documents by John Barrett, Michael Combs, Jeffrey Covington, Jermaine Dockery, Tavares Flaggs, Phillip Fredenburg, Derrick Hayes, Derrick Lane, Alvin Luckett, Henry Moore, Joseph Osborne, Eddie Pugh, James Vann (Attachments: # 1 Exhibit A Subpoena to Produce Documents)(Owens, Jody) (Entered: 01/28/2016)
TEXT ONLY ORDER granting 274 Motion to Appear Pro Hac Vice of Erin Monju. That Erin Monju be admitted pro hac vice in this case on behalf of Plaintiffs John Barrett, Michael Combs, Jeffrey Covington, Jermaine Dockery, Tavares Flaggs, Phillip Fredenburg, Derrick Hayes, Derrick Lane, Alvin Luckett, Henry Moore, Joseph Osborne, Eddie Pugh, and James Vann in association with local counsel and upon registration for electronic filing as required by the Court. NO FURTHER WRITTEN ORDER SHALL ISSUE FROM THE COURT. Signed by Magistrate Judge John C. Gargiulo on 1/29/2016 (AB) (Entered: 01/29/2016)
276 NOTICE of Service of Plaintiffs' Supplemental Initial Disclosure by Alvin Luckett, Henry Moore, Joseph Osborne, Eddie Pugh, James Vann (Owens, Jody) (Entered: 02/01/2016)
277 NOTICE of Subpoena to Produce Documents by John Barrett, Michael Combs, Jeffrey Covington, Jermaine Dockery, Tavares Flaggs, Phillip Fredenburg, Derrick Hayes, Derrick Lane, Alvin Luckett, Henry Moore, Joseph Osborne, Eddie Pugh, James Vann (Attachments: # 1 Exhibit A Subpoena to Produce Documents)(Owens, Jody) (Entered: 02/05/2016)
278 NOTICE of Service of Plaintiffs Sixth Set of Requests for Production to Defendants by John Barrett, Jeffrey Covington, Jermaine Dockery, Phillip Fredenburg, Derrick Hayes, Alvin Luckett, Joseph Osborne, James Vann (Bonthuis − PHV, Mari) (Entered: 02/08/2016)

Case: 3:13-cv-00326-WHB-JCG As of: 03/28/2019 03:52 PM CDT 78 of 136

02/11/2016 02/11/2016 02/11/2016 02/11/2016 02/11/2016 02/15/2016 02/15/2016 02/15/2016 03/03/2016
03/07/2016 03/17/2016
03/18/2016
03/29/2016 04/05/2016 04/08/2016

279 NOTICE of Service of Defendants' First Set of Interrogatories by Christopher Epps, Marshall L. Fisher, Archie Longley, Richard D. McCarty, Gloria Perry (Morisani, Nicholas) (Entered: 02/11/2016)
280 NOTICE of Service of Defendants' First Set of Request for Production by Christopher Epps, Marshall L. Fisher, Archie Longley, Richard D. McCarty, Gloria Perry (Morisani, Nicholas) (Entered: 02/11/2016)
DOCKET ANNOTATION as to # 280 : Attorney advises that there is an error in this entry, and it should be disregarded. (cwl) (Entered: 02/11/2016)
281 NOTICE of Service of Defendant's Second Set of Interrogatories by Christopher Epps, Marshall L. Fisher, Archie Longley, Richard D. McCarty, Gloria Perry (Morisani, Nicholas) (Entered: 02/11/2016)
282 NOTICE of Service of Defendant's Second Set of Request for Production by Christopher Epps, Marshall L. Fisher, Archie Longley, Richard D. McCarty, Gloria Perry (Morisani, Nicholas) (Entered: 02/11/2016)
283 NOTICE of Service of Defendant's Second Supplement to Pre−Discovery Disclosure by Christopher Epps, Marshall L. Fisher, Archie Longley, Richard D. McCarty, Gloria Perry (Morisani, Nicholas) (Entered: 02/15/2016)
284 NOTICE of Service of Defendant's Second Supplemental Response to Interrogatories by Christopher Epps, Marshall L. Fisher, Archie Longley, Richard D. McCarty, Gloria Perry (Morisani, Nicholas) (Entered: 02/15/2016)
285 NOTICE of Service of Response to Request for Production by Christopher Epps, Marshall L. Fisher, Archie Longley, Richard D. McCarty, Gloria Perry (Morisani, Nicholas) (Entered: 02/15/2016)
286 AMENDED CASE MANAGEMENT ORDER WITH ESI STATEMENT: Designate Experts Plaintiff Deadline due by 7/29/2016. Designate Experts for Defendant Deadline due by 9/16/2016. Designate Experts Plaintiff (Rebuttal) Deadline due by 10/17/2016. Discovery due by 11/30/2016. Motions due by 12/30/2016. Settlement Conference set for 2/16/2017 at 9:30 AM in Suite 6.550, Courtroom 6B (Jackson) before Magistrate Judge John C. Gargiulo. Signed by Magistrate Judge John C. Gargiulo on 3/3/2016 (Attachments: # 1 Exhibit A)(AB) (Entered: 03/03/2016)
287 NOTICE of Service of (Plaintiffs' Sixth Set of Requests for Production of Documents) Response to Request for Production by Christopher Epps, Archie Longley, Gloria Perry (Morisani, Nicholas) (Entered: 03/07/2016)
288 Unopposed MOTION for Extension of Time to File Response/Reply Defendants' Second Set of Interrogatories and Requests for Production of Documents Propounded to Plaintiffs by John Barrett, Michael Combs, Jeffrey Covington, Jermaine Dockery, Anthony Evans, Tavares Flaggs, Phillip Fredenburg, Derrick Hayes, Derrick Lane, Alvin Luckett, Benjamin McAbee, Henry Moore, Joseph Osborne, Eddie Pugh, James Vann (Owens, Jody) (Entered: 03/17/2016)
TEXT ONLY ORDER granting Plaintiffs' unopposed 288 Motion for Extension of Time to File Responses to Discovery. Plaintiffs' Responses to Defendants' Second Set of Interrogatories and Requests for Production of Documents are now due on or before 4/15/2016. NO FURTHER WRITTEN ORDER WILL ISSUE. Signed by Magistrate Judge John C. Gargiulo on 3/18/2016. (TSB) (Entered: 03/18/2016)
289 MOTION for Restraining Order by Merlin Hill (Attachments: # 1 Copy of Request for Administrative Remedy, # 2 Envelope)(PKM) (Entered: 03/30/2016)
290 ORDER striking 289 Motion for Restraining Order Signed by District Judge William H. Barbour, Jr on 4/5/16 (MGB) (Entered: 04/05/2016)
291 MOTION to Compel Discovery Responses by John Barrett, Michael Combs, Jeffrey Covington, Jermaine Dockery, Tavares Flaggs, Phillip Fredenburg, Derrick Hayes, Derrick Lane, Alvin Luckett, Henry Moore, Joseph Osborne, Eddie Pugh (Attachments: # 1 Exhibit A MDOC's Discovery Responses, # 2 Exhibit B Correspondence to G. Friedman, # 3 Exhibit C Good Faith Certificate)(Bardwell, William) (Entered: 04/08/2016)

Case: 3:13-cv-00326-WHB-JCG As of: 03/28/2019 03:52 PM CDT 79 of 136

04/12/2016 04/18/2016
04/18/2016
04/21/2016 04/21/2016 04/21/2016 04/22/2016 04/22/2016 04/22/2016 04/25/2016 04/29/2016
05/02/2016 05/02/2016

292 Letter from Plaintiff Eric Ward. (PKM) (Entered: 04/12/2016)
293 NOTICE of Service of Plaintiffs Jermaine Dockery, Eddie Pugh, Alvin Luckett, Derrick Hayes, John Barrett, Stephen Michael Combs, Phillip Fredenburg, Tavares Flaggs, Joseph Osbourne, James Vann, Henry Moore and Derrick Lanes' Response to Interrogatories by John Barrett, Michael Combs, Jeffrey Covington, Jermaine Dockery, Tavares Flaggs, Phillip Fredenburg, Derrick Hayes, Derrick Lane, Alvin Luckett, Henry Moore, Joseph Osborne, Eddie Pugh, James Vann (Owens, Jody) (Entered: 04/18/2016)
294 NOTICE of Service of Jermaine Dockery, Eddie Pugh, Alvin Luckett, Derrick Hayes, John Barrett, Stephen Michael Combs, Phillip Fredenburg, Tavares Flaggs, Joseph Osbourne, James Vann, Henry Moore and Derrick Lanes' Response to Request for Production by Phillip Fredenburg, Derrick Hayes, Derrick Lane, Alvin Luckett, Henry Moore, Joseph Osborne, Eddie Pugh, James Vann (Owens, Jody) (Entered: 04/18/2016)
295 Amended MOTION for Protective Order Governing and Individually Identifiable Health Information by John Barrett, Michael Combs, Jeffrey Covington, Jermaine Dockery, Tavares Flaggs, Phillip Fredenburg, Derrick Hayes, Derrick Lane, Alvin Luckett, Henry Moore, Joseph Osborne, Eddie Pugh, James Vann (Attachments: # 1 Exhibit 1 Proposed Amended Protective Order)(Owens, Jody) (Entered: 04/21/2016)
296 MEMORANDUM in Support re 295 Amended MOTION for Protective Order Governing and Individually Identifiable Health Information filed by John Barrett, Michael Combs, Jeffrey Covington, Jermaine Dockery, Tavares Flaggs, Phillip Fredenburg, Derrick Hayes, Derrick Lane, Alvin Luckett, Henry Moore, Joseph Osborne, Eddie Pugh, James Vann (Owens, Jody) (Entered: 04/21/2016)
DOCKET ANNOTATION as to 295 : Proposed orders are not to be electronically filed as a separate pleading or as an attachment to a pleading, but instead are to be provided to chambers by e−mail (Court's Administrative Procedures for Electronic Case Filing Sec.5.B.). (PKM) (Entered: 04/21/2016)
TEXT ORDER ONLY granting as unopposed Plaintiffs' Motion 295 for Amendment of the Protective Order 57 . The Amended Protective Order will be entered by separate docket entry to follow. NO FURTHER WRITTEN ORDER WILL ISSUE REGARDING THIS MOTION. Signed by Magistrate Judge John C. Gargiulo on 4/22/2016. (TSB) Modified 4/22/2016 (TSB). (Entered: 04/22/2016)
297 AMENDED PROTECTIVE ORDER. Signed by Magistrate Judge John C. Gargiulo on 4/22/2016. (TSB) (Entered: 04/22/2016)
298 NOTICE of Service of Plaintiffs' Second Supplemental Initial Disclosure by John Barrett, Michael Combs, Jeffrey Covington, Jermaine Dockery, Tavares Flaggs, Phillip Fredenburg, Derrick Hayes, Derrick Lane, Alvin Luckett, Henry Moore, Joseph Osborne, Eddie Pugh, James Vann (Owens, Jody) (Entered: 04/22/2016)
299 RESPONSE in Opposition re 291 MOTION to Compel Discovery Responses filed by Christopher Epps, Marshall L. Fisher, Archie Longley, Richard D. McCarty, Gloria Perry (Attachments: # 1 Exhibit Exhibit A, # 2 Exhibit Composite Exhibit B, # 3 Exhibit Composite Exhibit C, # 4 Exhibit Composite Exhibit D)(Morisani, Nicholas) (Entered: 04/25/2016)
300 AMENDED DOCUMENT by Christopher Epps, Marshall L. Fisher, Archie Longley, Richard D. McCarty, Gloria Perry. Amendment to 299 Response in Opposition to Motion, Supplement to Response in Opposition (Attachments: # 1 Exhibit A − Email from Bardwell to Friedman, # 2 Exhibit B − Email from Owens to Friedman, # 3 Exhibit C − Photos of Ongoing Copy Project at EMCF)(Morisani, Nicholas) (Entered: 04/29/2016)
301 Joint MOTION for Protective Order Governing Confidential Business Information by John Barrett, Michael Combs, Jeffrey Covington, Jermaine Dockery, Tavares Flaggs, Phillip Fredenburg, Derrick Hayes, Derrick Lane, Alvin Luckett, Henry Moore, Joseph Osborne, Eddie Pugh, James Vann (Owens, Jody) (Entered: 05/02/2016)
302 REPLY to Response to Motion re 299 Response in Opposition to Motion to Compel Discovery Responses, document 291 , filed by John Barrett, Michael Combs, Jeffrey

Case: 3:13-cv-00326-WHB-JCG As of: 03/28/2019 03:52 PM CDT 80 of 136

05/03/2016
05/03/2016 05/04/2016 05/13/2016 05/13/2016 05/16/2016 05/16/2016
05/18/2016 05/20/2016 05/20/2016
05/25/2016

Covington, Jermaine Dockery, Tavares Flaggs, Phillip Fredenburg, Derrick Hayes, Derrick Lane, Alvin Luckett, Henry Moore, Joseph Osborne, Eddie Pugh, James Vann (Attachments: # 1 Exhibit A Email from Morisani to Plaintiffs' counsel (April 22, 2016))(Bardwell, William) Modified on 5/3/2016 (PKM). (Entered: 05/02/2016)
DOCKET ANNOTATION as to 302 : Incorrect linkage made. Reply to Response to Motion should be linked to Motion to Compel Discovery Responses, document 291 . All related filings to motions (using the "Responses and Replies" category, with the exception of "Response to Order") should be linked back to the original motion. Court staff has made the correction.(PKM) Modified on 5/3/2016 (PKM). (Entered: 05/03/2016)
DOCKET ANNOTATION as to previous docket annotation should have referenced Motion to Compel Discovery Responses, document 291 . Correction has been made. (PKM) (Entered: 05/03/2016)
303 ORDER granting JOINT 301 Motion for Protective Order Governing Confidential Business Information. Signed by Magistrate Judge John C. Gargiulo on 5/4/2016 (AB) (Entered: 05/04/2016)
304 NOTICE Plaintiffs' Request for Entry Upon Land for Inspection and Other Purposes by Eldon Vail by John Barrett, Michael Combs, Jeffrey Covington, Jermaine Dockery, Tavares Flaggs, Phillip Fredenburg, Derrick Hayes, Derrick Lane, Alvin Luckett, Henry Moore, Joseph Osborne, Eddie Pugh, James Vann (Owens, Jody) (Entered: 05/13/2016)
305 NOTICE Plaintiffs' Request for Entry Upon Land for Inspection and Other Purposes by Terry Kupers by John Barrett, Dexter Campbell, Michael Combs, Jeffrey Covington, Jermaine Dockery, Tavares Flaggs, Phillip Fredenburg, Derrick Hayes, Derrick Lane, Alvin Luckett, Henry Moore, Joseph Osborne, Eddie Pugh, James Vann (Owens, Jody) (Entered: 05/13/2016)
Minute Entry for proceedings held before Magistrate Judge John C. Gargiulo: Telephone Conference held on 5/16/2016 regarding 291 Motion to Compel Discovery Responses. A text only order will follow. Participants: William B. Bardwell (counsel for Plaintiffs ); Nicholas F. Morisani (counsel for Defendants). (AB) (Entered: 05/16/2016)
TEXT ONLY ORDER denying as moot Plaintiffs' 291 Motion to Compel Discovery Responses. The requested documents have been produced. Plaintiffs will review the voluminous documents and may file a motion to compel regarding the substance of the production, if necessary, to the extent the parties cannot resolve the issue without Court intervention. NO FURTHER WRITTEN ORDER WILL ISSUE. Signed by Magistrate Judge John C. Gargiulo on 5/16/2016 (HM) (Entered: 05/16/2016)
306 NOTICE OF INTENT TO SERVE SUBPOENA to Produce Documents by John Barrett, Michael Combs, Jeffrey Covington, Jermaine Dockery, Tavares Flaggs, Phillip Fredenburg, Derrick Hayes, Derrick Lane, Alvin Luckett, Henry Moore, Joseph Osborne, Eddie Pugh, James Vann (Attachments: # 1 Exhibit A Subpoena to Produce Documents)(Owens, Jody) (Entered: 05/18/2016)
307 NOTICE Defendants' Response to Plaintiffs' Request for Entry Upon Land for Inspection and Other Purposes by Terry Kupers by Marshall L. Fisher, Archie Longley, Gloria Perry re 305 Notice (Other), (Walker, Molly) (Entered: 05/20/2016)
Minute Entry for proceedings held before Magistrate Judge John C. Gargiulo: Telephone Conference held on 5/20/2016 regarding discussion of procedures pertaining to the Plaintiffs' site visit of the correctional facility. PARTICIPANTS: Jody E. Owens, II, William B. Bardwell, Elizabeth Alexander − PHV and Gabriel B. Eber − PHV (counsel for Plaintiffs); Gary E. Friedman and Nicholas F. Morisani (counsel for Defendants). (AB) (Entered: 05/23/2016)
308 NOTICE of Request for Entry Upon Land for Inspection and Other Purposes by Diane Skipworth by John Barrett, Michael Combs, Jeffrey Covington, Jermaine Dockery, Tavares Flaggs, Phillip Fredenburg, Derrick Hayes, Derrick Lane, Alvin Luckett, Henry Moore, Joseph Osborne, Eddie Pugh, James Vann (Owens, Jody) (Entered: 05/25/2016)

Case: 3:13-cv-00326-WHB-JCG As of: 03/28/2019 03:52 PM CDT 81 of 136

05/25/2016 05/25/2016 05/25/2016 05/25/2016 05/26/2016
05/26/2016
05/31/2016 06/03/2016 06/13/2016 06/22/2016 06/22/2016

309 MOTION for Carl Takei to Appear Pro Hac Vice by John Barrett, Michael Combs, Jeffrey Covington, Jermaine Dockery, Tavares Flaggs, Phillip Fredenburg, Derrick Hayes, Derrick Lane, Alvin Luckett, Henry Moore, Joseph Osborne, Eddie Pugh, James Vann (Attachments: # 1 Exhibit A Certificate of Good Standing)(Owens, Jody) (Entered: 05/25/2016)
Pro Hac Vice fee paid for Carl Takei receipt number 0538−3196078 $ 100 (Owens, Jody) (Entered: 05/25/2016)
310 Subpoena Returned Executed as to Health Assurance LLC. (Owens, Jody) (Entered: 05/25/2016)
311 NOTICE Plaintiffs' Amended Request for Entry Upon Land for Inspection and Other Purposes by Eldon Vail by John Barrett, Michael Combs, Jeffrey Covington, Jermaine Dockery, Tavares Flaggs, Phillip Fredenburg, Derrick Hayes, Derrick Lane, Alvin Luckett, Henry Moore, Joseph Osborne, Eddie Pugh, James Vann (Owens, Jody) (Entered: 05/25/2016)
312 Response in Opposition re 308 NOTICE of Request for Entry Upon Land for Inspection and Other Purposes by Diane Skipworth by John Barrett, Michael Combs, Jeffrey Covington, Jermaine Dockery, Tavares Flaggs, Phillip Fredenburg, Derrick Hayes, Derrick Lane, Alvin Luckett, Henry Moore, Joseph Osborne, Eddie Pugh, James Vann (Owens, Jody) filed by Christopher Epps, Marshall L. Fisher, Archie Longley, Richard D. McCarty, Gloria Perry (Morisani, Nicholas) (Entered: 05/26/2016)
313 Response in Opposition re 311 NOTICE Plaintiffs' Amended Request for Entry Upon Land for Inspection and Other Purposes by Eldon Vail by John Barrett, Michael Combs, Jeffrey Covington, Jermaine Dockery, Tavares Flaggs, Phillip Fredenburg, Derrick Hayes, Derrick Lane, Alvin Luckett, Henry Moore, Joseph Osborne, Eddie Pugh, James Vann (Owens, Jody) filed by Christopher Epps, Marshall L. Fisher, Archie Longley, Richard D. McCarty, Gloria Perry (Morisani, Nicholas) (Entered: 05/26/2016)
314 NOTICE of Appearance by Gregory Todd Butler on behalf of Christopher Epps, Marshall L. Fisher, Archie Longley, Richard D. McCarty, Gloria Perry (Butler, Gregory) (Entered: 05/31/2016)
TEXT ONLY ORDER granting 309 Motion to Appear Pro Hac Vice of Carl Takei. That Carl Takei be admitted pro hac vice in this case on behalf of Plaintiffs in association with local counsel and upon registration for electronic filing. NO FURTHER WRITTEN ORDER SHALL ISSUE FROM THE COURT. Signed by Magistrate Judge John C. Gargiulo on 6/3/2016 (AB) (Entered: 06/03/2016)
315 Joint MOTION to Amend/Correct 286 Case Management Order,, by John Barrett, Michael Combs, Jeffrey Covington, Jermaine Dockery, Tavares Flaggs, Phillip Fredenburg, Derrick Hayes, Derrick Lane, Alvin Luckett, Henry Moore, Joseph Osborne, Eddie Pugh, James Vann (Owens, Jody) (Entered: 06/13/2016)
TEXT ONLY ORDER granting in part and denying in part 315 Joint Motion to Amend the Case Management Order. An amended case management order will be entered by separate docket entry to follow. NO FURTHER WRITTEN ORDER WILL ISSUE. Signed by Magistrate Judge John C. Gargiulo on 6/22/2016 (MG) (Entered: 06/22/2016)
TEXT ONLY AMENDED CASE MANAGEMENT ORDER: Designate Experts Plaintiff Deadline due by 8/24/2016. Designate Experts for Defendant Deadline due by 10/12/2016. Designate Experts Plaintiff (Rebuttal) Deadline due by 11/30/2016. Discovery due by 1/25/2017. Motions due by 2/8/2017. Settlement Conference set for 3/24/2017 at 9:30 AM in Courtroom 6B (Jackson) before Magistrate Judge John C. Gargiulo. Pretrial Conference set for 6/8/2017 at 9:00 AM in Courtroom 4B (Jackson) before District Judge William H. Barbour Jr. Bench Trial set for a four week trial calendar beginning on 7/3/2017 at 9:00 AM in Courtroom 4B (Jackson) before District Judge William H. Barbour Jr. Proposed Pretrial Order due by 6/8/2017. NO FURTHER WRITTEN ORDER WILL ISSUE FROM THE COURT. Signed by Magistrate Judge John C. Gargiulo on 6/22/2016 (AB) (Entered: 06/22/2016)

Case: 3:13-cv-00326-WHB-JCG As of: 03/28/2019 03:52 PM CDT 82 of 136

06/24/2016 06/24/2016 06/24/2016
06/24/2016 06/27/2016 06/28/2016 06/30/2016 07/01/2016
07/01/2016 07/11/2016

316 NOTICE of Service of Plaintiff Jeffery Covington's Response to Interrogatories by John Barrett, Michael Combs, Jeffrey Covington, Jermaine Dockery, Tavares Flaggs, Phillip Fredenburg, Derrick Hayes, Derrick Lane, Alvin Luckett, Henry Moore, Joseph Osborne, Eddie Pugh, James Vann (Owens, Jody) (Entered: 06/24/2016)
317 NOTICE of Service of Plaintiff Jeffery Covington's Response to Request for Production by John Barrett, Michael Combs, Jeffrey Covington, Jermaine Dockery, Tavares Flaggs, Phillip Fredenburg, Derrick Hayes, Derrick Lane, Alvin Luckett, Henry Moore, Joseph Osborne, Eddie Pugh, James Vann (Owens, Jody) (Entered: 06/24/2016)
318 MOTION for Leave to File to Propound Discovery in the Form of a Questionnaire to Certain Absent Class Members by Christopher Epps, Marshall L. Fisher, Archie Longley, Richard D. McCarty, Gloria Perry (Attachments: # 1 Exhibit A − Plaintiffs' Supp. Initial Disclosures, # 2 Exhibit B − 2/19/16 Correspondence from Bentley to Bonthuis, # 3 Exhibit C − 4/22/16 Correspondence from Owens to Defendants' Counsel attaching Plaintiffs' 2nd Supp. Initial Disclosures, # 4 Exhibit D − 5/6/16 Correspondence from Bentley to Owens, # 5 Exhibit E − 5/25/16 E−mail Correspondence from Bonthuis to Bentley attaching Plaintiffs' 3rd Supp. Disclosures, # 6 Exhibit F − Good Faith Certificate, # 7 Exhibit G − Proposed Questionnaire)(Morisani, Nicholas) (Entered: 06/24/2016)
319 MEMORANDUM in Support re 318 MOTION for Leave to File to Propound Discovery in the Form of a Questionnaire to Certain Absent Class Members filed by Christopher Epps, Marshall L. Fisher, Archie Longley, Richard D. McCarty, Gloria Perry (Morisani, Nicholas) (Entered: 06/24/2016)
320 PROTECTIVE ORDER; Stipulated Protective Order Governing Photographic Evidence. Signed by Magistrate Judge John C. Gargiulo on 6/27/2016 (MG) (Entered: 06/27/2016)
321 ATTACHMENT re 318 MOTION for Leave to File to Propound Discovery in the Form of a Questionnaire to Certain Absent Class Members CORRECTED Exhibit "F" by Christopher Epps, Marshall L. Fisher, Archie Longley, Richard D. McCarty, Gloria Perry (Morisani, Nicholas) (Entered: 06/28/2016)
322 NOTICE Plaintiffs' Request for Entry Upon Land for Inspection and Other Purposes by Marc Stern and Madeleine LaMarre by John Barrett, Michael Combs, Jeffrey Covington, Jermaine Dockery, Tavares Flaggs, Phillip Fredenburg, Derrick Hayes, Derrick Lane, Alvin Luckett, Henry Moore, Joseph Osborne, Eddie Pugh, James Vann (Owens, Jody) (Entered: 06/30/2016)
323 MOTION Modify Case Management Order to Provide for Additional Requests for Production by John Barrett, Michael Combs, Jeffrey Covington, Jermaine Dockery, Tavares Flaggs, Phillip Fredenburg, Derrick Hayes, Derrick Lane, Alvin Luckett, Henry Moore, Joseph Osborne, Eddie Pugh, James Vann (Attachments: # 1 Exhibit 1 Oct. 23, 2015 email exchange between Plaintiffs and Defendants counsel re: a new Case Management Order, # 2 Exhibit 2 Feb. 5, 2016 email exchange re Plaintiffs request for up to 50 additional requests for production, # 3 Exhibit 3 Feb. 12, 2016 email from Defendants counsel to Plaintiffs counsel re: Plaintiffs request for additional requests for production, # 4 Exhibit 4 April 11, 2016 email re Plaintiffs request for up to 30 additional requests for production, and Defendants counsels May 9, 2016 response, # 5 Exhibit 5 Certificate of Good Faith between the parties, # 6 Exhibit 6 Relevant excerpts of Plaintiffs Requests for Production Set 3, Nos. 34, # 7 Exhibit 7 Relevant excerpts of Plaintiffs Requests for Production Set 5, # 8 Exhibit 8 Relevant excerpts of Plaintiffs Requests for Production Set 4, No. 2., # 9 Exhibit 9 Relevant excerpts of Defendants Response to Plaintiffs Requests for Production Set 4, No. 2, # 10 Exhibit 10 Declaration of Jody E. Owens, II)(Owens, Jody) (Entered: 07/01/2016)
324 MEMORANDUM in Support re 323 MOTION Modify Case Management Order to Provide for Additional Requests for Production filed by John Barrett, Michael Combs, Jeffrey Covington, Jermaine Dockery, Tavares Flaggs, Phillip Fredenburg, Derrick Hayes, Derrick Lane, Alvin Luckett, Henry Moore, Joseph Osborne, Eddie Pugh, James Vann (Owens, Jody) (Entered: 07/01/2016)
325 RESPONSE in Opposition re 323 MOTION Modify Case Management Order to Provide for Additional Requests for Production filed by Christopher Epps, Marshall L.

Case: 3:13-cv-00326-WHB-JCG As of: 03/28/2019 03:52 PM CDT 83 of 136

07/11/2016 07/18/2016
07/18/2016 07/18/2016 07/25/2016 07/25/2016 07/26/2016 07/26/2016

Fisher, Archie Longley, Richard D. McCarty, Gloria Perry (Attachments: # 1 Exhibit A. E−mail Correspondence, # 2 Exhibit B. Consolidated Requests for Production, # 3 Exhibit C..Composite of December 14−15 2015, Email Correspondence, # 4 Exhibit D. February 5, 2016 E−mail Correspondence, # 5 Exhibit D−1 Cover Letter, # 6 Exhibit D−2 Plaintiffs' Sixth Set of Requests for Production, # 7 Exhibit E. February 12, 2016 E−mail Correspondence, # 8 Exhibit F. Composite of April −− May E−mail Correspondence, # 9 Exhibit G. Composite E−mail Correspondence dated June 28 and June 30, 2016)(Morisani, Nicholas) (Entered: 07/11/2016)
326 MEMORANDUM in Opposition re 318 MOTION for Leave to File to Propound Discovery in the Form of a Questionnaire to Certain Absent Class Members filed by John Barrett, Michael Combs, Jeffrey Covington, Jermaine Dockery, Tavares Flaggs, Phillip Fredenburg, Derrick Hayes, Derrick Lane, Alvin Luckett, Henry Moore, Joseph Osborne, Eddie Pugh, James Vann (Attachments: # 1 Exhibit A Declaration of Terry Kupers, # 2 Exhibit B Declaration of Elizabeth Alexander)(Owens, Jody) (Entered: 07/11/2016)
327 Rebuttal re 318 MOTION for Leave to File to Propound Discovery in the Form of a Questionnaire to Certain Absent Class Members filed by Christopher Epps, Marshall L. Fisher, Archie Longley, Richard D. McCarty, Gloria Perry (Attachments: # 1 Exhibit A. Responses to Interrogatory Nos. 4 and 6 (Second Set) of Plaintiff Eddie Pugh, # 2 Exhibit B. Composite Exhibit of Responses to Interrogatory No. 6 (Second Set) of Plaintiffs Tavares Flaggs and Derrick Hayes, # 3 Exhibit C. Responses to Interrogatory Nos. 2, 3, 4, 5, and 6 (Second Set) of Plaintiff Joseph Osbourne, # 4 Exhibit D. Composite Exhibit of Responses to Interrogatory No. 21 (Second Set) of Plaintiffs John Barrett, Eddie Pugh, Alvin Luckett, Joseph Osbourne, Tavares Flaggs, Phillip Fredenburg, Derrick Lane, Jermaine Dockery, and Jeffery Covington, # 5 Exhibit E. Composite Exhibit of Trial Testimony, Case No. 3:10cv663−CWR−FKB, on appeal 15−60488, # 6 Exhibit F. Standard Order Setting Omnibus Hearing)(Morisani, Nicholas) (Entered: 07/18/2016)
328 MEMORANDUM IN SUPPORT re 318 MOTION for Leave to File to Propound Discovery in the Form of a Questionnaire to Certain Absent Class Members, 327 Rebuttal,,,, filed by Christopher Epps, Marshall L. Fisher, Archie Longley, Richard D. McCarty, Gloria Perry (Morisani, Nicholas) (Entered: 07/18/2016)
329 NOTICE of Motion to Withdraw Plaintiffs Motion to Modify Case Mangement Order to Provide for Additional Requests for Production of Documents by John Barrett, Dexter Campbell, Michael Combs, Jeffrey Covington, Jermaine Dockery, Tavares Flaggs, Phillip Fredenburg, Derrick Hayes, Derrick Lane, Alvin Luckett, Henry Moore, Joseph Osborne, Eddie Pugh, James Vann re 323 MOTION Modify Case Management Order to Provide for Additional Requests for Production (Owens, Jody) (Entered: 07/18/2016)
330 ATTACHMENT re 326 Memorandum in Opposition to Motion, Corrected Exhibit B Declaration of Elizabeth Alexander by John Barrett, Michael Combs, Jeffrey Covington, Jermaine Dockery, Tavares Flaggs, Phillip Fredenburg, Derrick Hayes, Derrick Lane, Alvin Luckett, Henry Moore, Joseph Osborne, Eddie Pugh, James Vann (Owens, Jody) (Entered: 07/25/2016)
331 NOTICE of Plaintiffs' Request for Entry Upon Land for Inspection and Other Purposes by Bruce C. Gage, M.D. by John Barrett, Michael Combs, Jeffrey Covington, Jermaine Dockery, Tavares Flaggs, Phillip Fredenburg, Derrick Hayes, Derrick Lane, Alvin Luckett, Henry Moore, Joseph Osborne, Eddie Pugh, James Vann (Owens, Jody) (Entered: 07/25/2016)
TEXT ONLY ORDER terminating Plaintiffs' 323 Motion to Modify the Case Management Order to Provide for Additional Requests for Production in light of Plaintiffs' 329 Notice of Withdrawal of Plaintiffs' Motion. NO FURTHER WRITTEN ORDER WILL ISSUE. Signed by Magistrate Judge John C. Gargiulo on 7/26/2016 (MG) (Entered: 07/26/2016)
332 Unopposed MOTION to Modify The Case Management Order to Extend Expert Designation Deadlines by John Barrett, Michael Combs, Jeffrey Covington, Jermaine Dockery, Tavares Flaggs, Phillip Fredenburg, Derrick Hayes, Derrick Lane, Alvin Luckett, Henry Moore, Joseph Osborne, Eddie Pugh, James Vann (Attachments: # 1 Exhibit A Declaration of Jody E. Owens, II)(Owens, Jody) (Entered: 07/26/2016)

Case: 3:13-cv-00326-WHB-JCG As of: 03/28/2019 03:52 PM CDT 84 of 136

07/26/2016 07/27/2016
07/27/2016 07/28/2016 07/28/2016 07/28/2016 07/28/2016 07/28/2016 07/28/2016 07/29/2016 07/29/2016
08/01/2016 08/16/2016

333 MEMORANDUM in Support re 332 Unopposed MOTION to Modify The Case Management Order to Extend Expert Designation Deadlines filed by John Barrett, Michael Combs, Jeffrey Covington, Jermaine Dockery, Tavares Flaggs, Phillip Fredenburg, Derrick Hayes, Derrick Lane, Alvin Luckett, Henry Moore, Joseph Osborne, Eddie Pugh, James Vann (Owens, Jody) (Entered: 07/26/2016)
TEXT ONLY ORDER granting Plaintiffs' 332 Unopposed Motion to Modify the Case Management Order to Extend Expert Designation Deadlines. Plaintiffs' expert designations are due 9/30/2016. Defendants' expert designations are due 11/18/2016. Plaintiffs' rebuttal expert designations are due 12/23/2016. All other case management deadlines remain unchanged. NO FURTHER WRITTEN ORDER WILL ISSUE. Signed by Magistrate Judge John C. Gargiulo on 7/27/2016 (MG) (Entered: 07/27/2016)
Set/Reset Deadlines: Designate Experts Plaintiff Deadline is 9/30/2016. Designate Experts for Defendant Deadline is 11/18/2016. (MG) (Entered: 07/27/2016)
334 MOTION for Gretchen Ann Hoff Varner to Appear Pro Hac Vice by John Barrett, Michael Combs, Jeffrey Covington, Jermaine Dockery, Tavares Flaggs, Phillip Fredenburg, Derrick Hayes, Derrick Lane, Alvin Luckett, Henry Moore, Joseph Osborne, Eddie Pugh, James Vann (Attachments: # 1 Exhibit A Certificate of Good Standing)(Owens, Jody) (Entered: 07/28/2016)
335 MOTION for Ravi Doshi to Appear Pro Hac Vice by John Barrett, Michael Combs, Jeffrey Covington, Jermaine Dockery, Tavares Flaggs, Phillip Fredenburg, Derrick Hayes, Derrick Lane, Alvin Luckett, Henry Moore, Joseph Osborne, Eddie Pugh, James Vann (Attachments: # 1 Exhibit A Certificate of Good Standing)(Owens, Jody) (Entered: 07/28/2016)
336 MOTION for Swati Prakash to Appear Pro Hac Vice by John Barrett, Michael Combs, Jeffrey Covington, Jermaine Dockery, Tavares Flaggs, Phillip Fredenburg, Derrick Hayes, Derrick Lane, Alvin Luckett, Henry Moore, Joseph Osborne, Eddie Pugh, James Vann (Attachments: # 1 Exhibit A Certificate of Good Standing)(Owens, Jody) (Entered: 07/28/2016)
Pro Hac Vice fee paid for Gretchen Ann Hoff Varner receipt number 0538−3237652 $ 100 (Owens, Jody) (Entered: 07/28/2016)
Pro Hac Vice fee paid for Ravi Doshi receipt number 0538−3237655 $ 100 (Owens, Jody) (Entered: 07/28/2016)
Pro Hac Vice fee paid for Swati Prakash receipt number 0538−3237660 $ 100 (Owens, Jody) (Entered: 07/28/2016)
337 MOTION to Withdraw as Attorney Mari K. Bonthuis by John Barrett, Jeffrey Covington, Jermaine Dockery, Phillip Fredenburg, Derrick Hayes, Alvin Luckett, Joseph Osborne, James Vann (Bonthuis − PHV, Mari) (Entered: 07/29/2016)
TEXT ONLY ORDER granting 334 Motion to Appear Pro Hac Vice of Gretchen Ann Hoff Varner; granting 335 Motion to Appear Pro Hac Vice of Ravi Doshi; granting 336 Motion to Appear Pro Hac Vice of Swati Prakash. That Gretchen Ann Hoff Varner, Ravi Doshi and Swati Prakash be admitted pro hac vice in this case on behalf of Plaintiffs John Barrett, Michael Combs, Jeffrey Covington, Jermaine Dockery, Tavares Flaggs, Phillip Fredenburg, Derrick Hayes, Derrick Lane, Alvin Luckett, Henry Moore, Joseph Osborne, Eddie Pugh, and James Vann in association with local counsel and upon registration for electronic filing. NO FURTHER WRITTEN ORDER SHALL ISSUE FROM THE COURT. Signed by Magistrate Judge John C. Gargiulo on 7/29/2016 (AB) (Entered: 07/29/2016)
TEXT ONLY ORDER granting 337 Motion to Withdraw at Plaintiffs' Counsel, filed by Plaintiffs and attorney Mari K. Bonthius. Ms. Bonthius is granted leave to withdraw and terminated from the docket as counsel of record for Plaintiffs. NO FURTHER WRITTEN ORDER WILL ISSUE. Signed by Magistrate Judge John C. Gargiulo on 8/1/2016 (MG) (Entered: 08/01/2016)
338 NOTICE of Service of Plaintiffs' Seventh Set of Request for Production by John Barrett, Michael Combs, Jeffrey Covington, Jermaine Dockery, Tavares Flaggs, Phillip Fredenburg, Derrick Hayes, Derrick Lane, Alvin Luckett, Henry Moore, Joseph

Case: 3:13-cv-00326-WHB-JCG As of: 03/28/2019 03:52 PM CDT 85 of 136

08/26/2016 09/02/2016 09/07/2016 09/07/2016 09/08/2016
09/08/2016 09/12/2016 09/13/2016 09/19/2016 09/22/2016 09/26/2016 09/26/2016

Osborne, Eddie Pugh, James Vann (Owens, Jody) (Entered: 08/16/2016)
339 NOTICE of Service of Plaintiffs' Third Set of Interrogatories to Defendants Interrogatories by John Barrett, Michael Combs, Jeffrey Covington, Jermaine Dockery, Tavares Flaggs, Phillip Fredenburg, Derrick Hayes, Derrick Lane, Alvin Luckett, Henry Moore, Joseph Osborne, Eddie Pugh, James Vann (Owens, Jody) (Entered: 08/26/2016)
340 NOTICE of Service of Plaintiffs' First Supplemental Responses to Defendants' Second Set of Interrogatories Response to Interrogatories by John Barrett, Michael Combs, Jeffrey Covington, Jermaine Dockery, Tavares Flaggs, Phillip Fredenburg, Derrick Hayes, Derrick Lane, Alvin Luckett, Henry Moore, Joseph Osborne, Eddie Pugh, James Vann (Owens, Jody) (Entered: 09/02/2016)
NOTICE of TELEPHONIC Hearing on 318 MOTION for Leave to File to Propound Discovery in the Form of a Questionnaire to Certain Absent Class Members : TELEPHONIC Motion Hearing set for 9/8/2016 at 10:00 AM before Magistrate Judge John C. Gargiulo. Defense Counsel will place the call to Judge Gargiulo's Chambers with all necessary counsel on the line. (AB) (Entered: 09/07/2016)
NOTICE of CANCELLED Calendar Setting: Due to a conflict with the Court's schedule, the TELEPHONIC HEARING set for 9/8/2016 before Magistrate Judge John C. Gargiulo is CANCELLED and will be reset at a later time, if necessary. (AB) (Entered: 09/07/2016)
341 ORDER granting Defendants' 318 Motion for Leave to Propound Discovery in the Form of a Questionnaire to Certain Absent Class Members. Counsel for both parties are ordered to confer and come to an agreement regarding safeguards and accommodations that will be implemented in order to guard against Plaintiffs various concerns. Parties will then submit to the Court a joint proposed order outlining the agreed upon safeguards and accommodations. Signed by Magistrate Judge John C. Gargiulo on 9/8/2016 (MG) (Entered: 09/08/2016)
NOTICE of Hearing: Telephone Conference regarding 341 ORDER granting Defendants' 318 Motion for Leave to Propound Discovery set for 9/14/2016 at 2:00 PM before Magistrate Judge John C. Gargiulo. Defense Counsel will place the call to Judge Gargiulo's Chambers with all necessary counsel on the line. (AB) (Entered: 09/08/2016)
NOTICE of CANCELLED Calendar Setting: The Telephone Conference regarding 341 ORDER granting Defendants' 318 Motion for Leave to Propound Discovery set for 9/14/2016 before Magistrate Judge John C. Gargiulo is CANCELLED and will be reset at a later time if necessary. (AB) (Entered: 09/12/2016)
342 NOTICE of Appearance by Elissa F. Johnson on behalf of John Barrett, Michael Combs, Jeffrey Covington, Jermaine Dockery, Tavares Flaggs, Phillip Fredenburg, Derrick Hayes, Derrick Lane, Alvin Luckett, Henry Moore, Joseph Osborne, Eddie Pugh, James Vann (Johnson, Elissa) (Entered: 09/13/2016)
343 NOTICE of Service of Defendant's (Responses To Planitiffs' Seventh Set of Requests for Production) Response to Request for Production by Christopher Epps, Marshall L. Fisher, Archie Longley, Richard D. McCarty, Gloria Perry (Morisani, Nicholas) (Entered: 09/19/2016)
344 Joint MOTION Amend Case Management Order by John Barrett, Michael Combs, Jeffrey Covington, Jermaine Dockery, Tavares Flaggs, Phillip Fredenburg, Derrick Hayes, Derrick Lane, Alvin Luckett, Henry Moore, Joseph Osborne, Eddie Pugh, James Vann (Johnson, Elissa) (Entered: 09/22/2016)
TEXT ONLY ORDER granting 344 Joint Motion to Amend Case Management Order. An amended case management order will follow via separate docket entry. NO FURTHER WRITTEN ORDER WILL ISSUE. Signed by Magistrate Judge John C. Gargiulo on 9/26/2016 (MG) (Entered: 09/26/2016)
TEXT ONLY AMENDED CASE MANAGEMENT ORDER: Designate Experts Plaintiff Deadline due by 12/29/2016. Designate Experts for Defendant Deadline due by 2/16/2017. Designate Experts Plaintiff's Rebuttal Deadline due by 3/23/2017. Discovery due by 4/25/2017. Motions due by 5/9/2017. Settlement Conference set for

Case: 3:13-cv-00326-WHB-JCG As of: 03/28/2019 03:52 PM CDT 86 of 136

09/27/2016 09/29/2016
10/03/2016 10/11/2016 10/12/2016 11/04/2016 11/18/2016 11/22/2016
11/22/2016

6/8/2017 at 9:30 AM in Suite 6.550, Courtroom 6B (Jackson) before Magistrate Judge John C. Gargiulo. Pretrial Conference set for 9/7/2017 at 9:00 AM in Courtroom 4B (Jackson) before District Judge William H. Barbour Jr. Bench Trial set for a four week trial calendar beginning on 10/2/2017 at 9:00 AM in Courtroom 4B (Jackson) before District Judge William H. Barbour Jr. NO FURTHER WRITTEN ORDER WILL ISSUE FROM THE COURT. Signed by Magistrate Judge John C. Gargiulo on 9/26/2016 (AB) (Entered: 09/26/2016)
NOTICE of Hearing: Telephone Conference set for 9/29/2016 at 2:00 PM before Magistrate Judge John C. Gargiulo. Counsel for Plaintiff will place the call to Judge Gargiulo's Chambers with all necessary counsel on the line. (AB) (Entered: 09/27/2016)
Minute Entry for proceedings held before Magistrate Judge John C. Gargiulo: Telephone Conference held on 9/29/2016 regarding proposed Prisoner Questionnaire and proposed Stipulated Order Governing Defendants' Request to Propound Discovery in the Form of a Questionnaire to Certain Absent Class Members. Counsel are directed to submit a revised proposed questionnaire and a revised proposed stipulated order with the discussed addition to questions thirteen and fourteen and the discussed redaction to provision number 4 in the governing order. All parties are in agreement. PARTICIANTS: Gretchen Ann Hoff Varner − PHV, Jody E. Owens, II, Benjamin R. Salk − PHV, Elissa F. Johnson and Elizabeth Alexander − PHV (counsel for Plaintiffs); Gary E. Friedman, Nicholas F. Morisani, Michael J. Bentley and Krissy Casey Nobile (counsel for Defendants). (AB) (Entered: 09/29/2016)
345 Agreed ORDER Governing Defendant's Request to Propound Discovery in the Form of a Questionnaire to Certain Absent Class Members. Signed by Magistrate Judge John C. Gargiulo on 10/3/2016 (Attachments: # 1 Questionnaire to Certain Absent Class Members)(MG) (Entered: 10/03/2016)
346 NOTICE of Appearance by Chelsea K. Caveny on behalf of All Plaintiffs (Caveny, Chelsea) (Entered: 10/11/2016)
347 NOTICE of Service of Third Supplemental Initial Disclosure by John Barrett, Michael Combs, Jeffrey Covington, Jermaine Dockery, Tavares Flaggs, Phillip Fredenburg, Derrick Hayes, Derrick Lane, Alvin Luckett, Henry Moore, Joseph Osborne, Eddie Pugh, James Vann (Johnson, Elissa) (Entered: 10/12/2016)
348 NOTICE of Service of Defendant's Third Supplemental Pre−Discovery Disclosure by Christopher Epps, Marshall L. Fisher, Archie Longley, Management & Training Corporation (MTC), Richard D. McCarty, Gloria Perry (Morisani, Nicholas) (Entered: 11/04/2016)
349 NOTICE of Service of Plaintiffs' First Production of Responses to Absent Class Members Questionnaire Response to Request for Production by John Barrett, Michael Combs, Jeffrey Covington, Jermaine Dockery, Tavares Flaggs, Phillip Fredenburg, Derrick Hayes, Derrick Lane, Alvin Luckett, Henry Moore, Joseph Osborne, Eddie Pugh, James Vann (Johnson, Elissa) (Entered: 11/18/2016)
350 MOTION to Compel Management & Training Corp.'s Production of Documents Pursuant to Federal Rule of Civil Procedure 45 by John Barrett, Michael Combs, Jeffrey Covington, Jermaine Dockery, Tavares Flaggs, Phillip Fredenburg, Derrick Hayes, Derrick Lane, Alvin Luckett, Henry Moore, Joseph Osborne, Eddie Pugh, James Vann (Attachments: # 1 Exhibit A MTC's Responses and Objections to Plaintiffs' subpoena, dated March 2, 2016, # 2 Exhibit B Email from Plaintiffs' counsel to MTC's and Defendant's counsel dated August 1, 2016, # 3 Exhibit C Email from MTC's and Defendant's counsel to Plaintiffs' counsel dated August 1, 2016, # 4 Exhibit D Email from Plaintiffs' counsel to MTC's and Defendant's counsel dated August 26, 2016, # 5 Exhibit E Email from Plaintiffs' counsel to MTC's and Defendant's counsel dated October 28, 2016, # 6 Exhibit F Email from MTC's and Defendant's counsel to Plaintiffs' counsel dated November 14, 2016, # 7 Exhibit G Declaration of Benjamin R. Salk dated November 22, 2016, # 8 Exhibit H Good Faith Certificate)(Owens, Jody) (Entered: 11/22/2016)
351 MEMORANDUM in Support re 350 MOTION to Compel Management & Training Corp.'s Production of Documents Pursuant to Federal Rule of Civil Procedure 45 filed by John Barrett, Michael Combs, Jeffrey Covington, Jermaine Dockery, Tavares

Case: 3:13-cv-00326-WHB-JCG As of: 03/28/2019 03:52 PM CDT 87 of 136

11/29/2016 12/01/2016 12/01/2016 12/05/2016 12/06/2016
12/06/2016 12/13/2016 12/16/2016 12/20/2016 12/21/2016

Flaggs, Phillip Fredenburg, Derrick Hayes, Derrick Lane, Alvin Luckett, Henry Moore, Joseph Osborne, Eddie Pugh, James Vann (Owens, Jody) (Entered: 11/22/2016)
352 NOTICE of Service of Defendant's First Supplemental (To Plaintiffs' Consolidated and Amended Requests for Production) Response to Request for Production by Christopher Epps, Marshall L. Fisher, Archie Longley, Richard D. McCarty, Gloria Perry (Morisani, Nicholas) (Entered: 11/29/2016)
353 Joint MOTION to Amend/Correct 345 Order, Deadline for Completion of Discovery In The Form of A Questionnaire to Certain Absent Class Members by John Barrett, Michael Combs, Jeffrey Covington, Jermaine Dockery, Tavares Flaggs, Phillip Fredenburg, Derrick Hayes, Derrick Lane, Alvin Luckett, Henry Moore, Joseph Osborne, Eddie Pugh, James Vann (Johnson, Elissa) (Entered: 12/01/2016)
TEXT ONLY ORDER granting 353 Joint Motion to Amend Deadline for Completion of Discovery in the Form of a Questionnaire to Certain Absent Class Members. The deadline for completion of discovery in the form of a questionnaire propounded to absent class members is extended to 12/23/2016. NO FURTHER WRITTEN ORDER WILL ISSUE. Signed by Magistrate Judge John C. Gargiulo on 12/1/2016 (MG) (Entered: 12/01/2016)
354 NOTICE of Service of Plaintiffs' Second Production of Responses to Absent Class Member Questionnaire Request for Production by John Barrett, Michael Combs, Jeffrey Covington, Jermaine Dockery, Tavares Flaggs, Phillip Fredenburg, Derrick Hayes, Derrick Lane, Alvin Luckett, Henry Moore, Joseph Osborne, Eddie Pugh, James Vann (Johnson, Elissa) (Entered: 12/05/2016)
355 RESPONSE in Opposition re 350 MOTION to Compel Management & Training Corp.'s Production of Documents Pursuant to Federal Rule of Civil Procedure 45 filed by Christopher Epps, Marshall L. Fisher, Archie Longley, Management & Training Corporation (MTC), Richard D. McCarty, Gloria Perry (Attachments: # 1 Exhibit A. Emails from N. Morisani to B. Salk, # 2 Exhibit B. Feb. 12, 2016, Email from G. Friedman to M. Bonthuis, # 3 Exhibit C. Affidavit of N. Morisani, # 4 Exhibit D. Nov 30−Dec 5, 2016, Emails Between N. Morisani and B. Salk)(Morisani, Nicholas) (Entered: 12/06/2016)
356 MEMORANDUM IN SUPPORT re 355 Response in Opposition to Motion,, 350 MOTION to Compel Management & Training Corp.'s Production of Documents Pursuant to Federal Rule of Civil Procedure 45 filed by Christopher Epps, Marshall L. Fisher, Archie Longley, Management & Training Corporation (MTC), Richard D. McCarty, Gloria Perry (Morisani, Nicholas) (Entered: 12/06/2016)
357 RESPONSE in Support re 350 MOTION to Compel Management & Training Corp.'s Production of Documents Pursuant to Federal Rule of Civil Procedure 45 filed by John Barrett, Michael Combs, Jeffrey Covington, Jermaine Dockery, Tavares Flaggs, Phillip Fredenburg, Derrick Hayes, Derrick Lane, Alvin Luckett, Henry Moore, Joseph Osborne, Eddie Pugh, James Vann (Owens, Jody) (Entered: 12/13/2016)
358 NOTICE of Service of Plaintiffs' Third Production of Absent Class Members Questionnaire Response to Request for Production by John Barrett, Michael Combs, Jeffrey Covington, Jermaine Dockery, Tavares Flaggs, Phillip Fredenburg, Derrick Hayes, Derrick Lane, Alvin Luckett, Henry Moore, Joseph Osborne, Eddie Pugh, James Vann (Johnson, Elissa) (Entered: 12/16/2016)
359 NOTICE of Service of Plaintiffs' Fourth Production of Absent Class Members Questionnaire Response to Request for Production by John Barrett, Michael Combs, Jeffrey Covington, Jermaine Dockery, Tavares Flaggs, Phillip Fredenburg, Derrick Hayes, Derrick Lane, Alvin Luckett, Henry Moore, Joseph Osborne, Eddie Pugh, James Vann (Johnson, Elissa) (Entered: 12/20/2016)
360 NOTICE of Withdrawal of Plaintiffs' Motion to Compel Management & Training Corp.'s Production of Documents Pursuant to Federal Rule of Civil Procedure 45 by John Barrett, Michael Combs, Jeffrey Covington, Jermaine Dockery, Tavares Flaggs, Phillip Fredenburg, Derrick Hayes, Derrick Lane, Alvin Luckett, Henry Moore, Joseph Osborne, Eddie Pugh, James Vann re 350 MOTION to Compel Management & Training Corp.'s Production of Documents Pursuant to Federal Rule of Civil

Case: 3:13-cv-00326-WHB-JCG As of: 03/28/2019 03:52 PM CDT 88 of 136

12/22/2016 12/22/2016 12/23/2016 12/29/2016 12/29/2016 12/30/2016 01/09/2017 01/13/2017 01/20/2017 01/30/2017 01/30/2017 01/30/2017

Procedure 45 (Owens, Jody) (Entered: 12/21/2016)
TEXT ONLY ORDER terminating Plaintiffs' 350 Motion to Compel Management & Training Corp.'s Production of Documents Pursuant to Federal Rule of Civil Procedure 45. Pursuant to Plaintiffs' 360 Notice of Withdrawal, the 350 Motion is hereby withdrawn. NO FURTHER WRITTEN ORDER WILL ISSUE. Signed by Magistrate Judge John C. Gargiulo on 12/22/2016 (MG) (Entered: 12/22/2016)
361 NOTICE of Service of Plaintiffs' Fifth Production of Responses to Absent Class Members Questionnaire Response to Request for Production by John Barrett, Michael Combs, Jeffrey Covington, Jermaine Dockery, Tavares Flaggs, Phillip Fredenburg, Derrick Hayes, Derrick Lane, Alvin Luckett, Henry Moore, Eddie Pugh, James Vann (Johnson, Elissa) (Entered: 12/22/2016)
362 NOTICE of Service of Plaintiffs' Sixth Production of Responses to Absent Class Members Response to Request for Production by John Barrett, Michael Combs, Jeffrey Covington, Jermaine Dockery, Tavares Flaggs, Phillip Fredenburg, Derrick Hayes, Derrick Lane, Alvin Luckett, Henry Moore, Joseph Osborne, Eddie Pugh, James Vann (Johnson, Elissa) (Entered: 12/23/2016)
363 NOTICE of Service of Plaintiffs' Designation of Expert Witness Reports Designation of Experts by John Barrett, Michael Combs, Jeffrey Covington, Jermaine Dockery, Tavares Flaggs, Phillip Fredenburg, Derrick Hayes, Derrick Lane, Alvin Luckett, Henry Moore, Joseph Osborne, Eddie Pugh, James Vann (Johnson, Elissa) (Entered: 12/29/2016)
364 NOTICE of Service of Plaintiffs' Seventh Production of Responses to Absent Class Members Questionnaire Response to Request for Production by John Barrett, Michael Combs, Jeffrey Covington, Jermaine Dockery, Tavares Flaggs, Phillip Fredenburg, Derrick Hayes, Derrick Lane, Alvin Luckett, Henry Moore, Joseph Osborne, Eddie Pugh, James Vann (Johnson, Elissa) (Entered: 12/29/2016)
365 NOTICE of Service of Plaintiffs' Eighth Production of Responses to Absent Class Member Questionnaire Response to Request for Production by John Barrett, Michael Combs, Jeffrey Covington, Jermaine Dockery, Tavares Flaggs, Phillip Fredenburg, Derrick Hayes, Derrick Lane, Alvin Luckett, Henry Moore, Joseph Osborne, Eddie Pugh, James Vann (Johnson, Elissa) (Entered: 12/30/2016)
366 NOTICE of Service of Plaintiffs' Fourth Supplemental Initital Disclosures Pursuant to Federal Rules of Civil Procedure Rule 26 Disclosure by John Barrett, Michael Combs, Jeffrey Covington, Jermaine Dockery, Tavares Flaggs, Phillip Fredenburg, Derrick Hayes, Derrick Lane, Alvin Luckett, Henry Moore, Joseph Osborne, Eddie Pugh, James Vann (Johnson, Elissa) (Entered: 01/09/2017)
367 NOTICE of Service of Plaintiffs' Fourth Set of Interrogatories by John Barrett, Michael Combs, Jeffrey Covington, Jermaine Dockery, Tavares Flaggs, Phillip Fredenburg, Derrick Hayes, Derrick Lane, Alvin Luckett, Henry Moore, Joseph Osborne, Eddie Pugh, James Vann (Johnson, Elissa) (Entered: 01/13/2017)
368 NOTICE of Service of Defendant's Third Set of Interrogatories by Christopher Epps, Marshall L. Fisher, Archie Longley, Richard D. McCarty, Gloria Perry (Morisani, Nicholas) (Entered: 01/20/2017)
369 NOTICE to Take Deposition of Marjorie Brown by John Barrett, Jeffrey Covington, Jermaine Dockery, Phillip Fredenburg, Derrick Hayes, Alvin Luckett, Joseph Osborne, James Vann (Attachments: # 1 Exhibit A Subpoena)(Salk − PHV, Benjamin) (Entered: 01/30/2017)
370 NOTICE to Take Deposition of Shawanda Wallace by John Barrett, Jeffrey Covington, Jermaine Dockery, Phillip Fredenburg, Derrick Hayes, Alvin Luckett, Joseph Osborne, James Vann (Attachments: # 1 Exhibit A Subpoena)(Salk − PHV, Benjamin) (Entered: 01/30/2017)
371 NOTICE to Take Deposition of Tyeasa Evans by John Barrett, Jeffrey Covington, Jermaine Dockery, Phillip Fredenburg, Derrick Hayes, Alvin Luckett, Joseph Osborne, James Vann (Attachments: # 1 Exhibit A Subpoena)(Salk − PHV, Benjamin) (Entered: 01/30/2017)

Case: 3:13-cv-00326-WHB-JCG As of: 03/28/2019 03:52 PM CDT 89 of 136

01/30/2017 02/02/2017 02/08/2017 02/09/2017 02/09/2017 02/13/2017
02/13/2017 02/13/2017
02/13/2017 02/14/2017 02/14/2017 02/15/2017 02/15/2017

372 NOTICE to Take Deposition of Willie Ruffin by John Barrett, Jeffrey Covington, Jermaine Dockery, Phillip Fredenburg, Derrick Hayes, Alvin Luckett, Joseph Osborne, James Vann (Attachments: # 1 Exhibit A Subpoena)(Salk − PHV, Benjamin) (Entered: 01/30/2017)
373 AMENDED STIPULATED PROTECTIVE ORDER. Signed by Magistrate Judge John C. Gargiulo on 2/2/2017 (MG) (Entered: 02/02/2017)
374 Emergency MOTION to Extend Defendants' Expert Designation Deadline by Marshall L. Fisher, Archie Longley, Richard D. McCarty, Gloria Perry (Attachments: # 1 Exhibit A−Gage Excerpt, # 2 Exhibit B−Kupers Excerpt, # 3 Exhibit C−Skipworth Excerpt, # 4 Exhibit D−Vail Excerpt)(Bentley, Michael) (Entered: 02/08/2017)
TEXT ONLY ORDER setting briefing schedule with regard to Defendants' 374 Emergency Motion to Extend Expert Designation Deadline. Plaintiffs' response to Defendants' 374 Motion is due by 12:00pm on February 13, 2017. NO FURTHER WRITTEN ORDER WILL ISSUE. Signed by Magistrate Judge John C. Gargiulo on 2/9/2017 (MG) (Entered: 02/09/2017)
NOTICE of Hearing: Telephone Conference regarding 374 Emergency MOTION to Extend Defendants' Expert Designation Deadline set for 2/13/2017 at 3:30 PM before Magistrate Judge John C. Gargiulo. Counsel for Defendants will place the call to Judge Gargiulo's Chambers with all necessary counsel on the line. (AB) (Entered: 02/09/2017)
375 RESPONSE in Opposition re 374 Emergency MOTION to Extend Defendants' Expert Designation Deadline filed by John Barrett, Michael Combs, Jeffrey Covington, Jermaine Dockery, Tavares Flaggs, Phillip Fredenburg, Derrick Hayes, Derrick Lane, Alvin Luckett, Henry Moore, Joseph Osborne, Eddie Pugh, James Vann (Attachments: # 1 Exhibit A Decl. of Elissa Johnson, # 2 Exhibit B Email from Gary Friedman to Plaintiffs' Counsel)(Johnson, Elissa) (Entered: 02/13/2017)
376 Rebuttal re 374 Emergency MOTION to Extend Defendants' Expert Designation Deadline filed by Marshall L. Fisher, Archie Longley, Richard D. McCarty, Gloria Perry (Bentley, Michael) (Entered: 02/13/2017)
Minute Entry for proceedings held before Magistrate Judge John C. Gargiulo: Telephone Conference held on 2/13/2017 regarding 374 Emergency MOTION to Extend Defendants' Expert Designation Deadline. PARTICIANTS: Jody E. Owens, II, Ravi Doshi − PHV, Gabriel B. Eber − PHV, Elissa F. Johnson and Elizabeth Alexander − PHV (counsel for Plaintiffs); Gary E. Friedman, Nicholas F. Morisani, Michael J. Bentley and Molly Mitchell Walker (counsel for Defendants). Order to follow by separate docket entry. (AB) (Entered: 02/13/2017)
377 NOTICE of Service of Defendant's (Responses To Plaintiffs' Fourth Set of Interrogatories) Response to Interrogatories by Christopher Epps, Marshall L. Fisher, Archie Longley, Richard D. McCarty, Gloria Perry (Morisani, Nicholas) (Entered: 02/13/2017)
378 ORDER granting in part and denying in part Defendants' 374 Motion to Extend Expert Designation Deadline. Signed by Magistrate Judge John C. Gargiulo on 2/14/2017 (MG) (Entered: 02/14/2017)
Set/Reset Deadlines: Designate Experts for Defendant Deadline is 2/24/2017. Discovery is due by 5/5/2017. Motions are due by 5/19/2017. (MG) (Entered: 02/14/2017)
379 AMENDED DOCUMENT by John Barrett, Jeffrey Covington, Jermaine Dockery, Phillip Fredenburg, Derrick Hayes, Alvin Luckett, Joseph Osborne, James Vann. Amendment to 369 Notice to Take Deposition of Marjorie Brown (Attachments: # 1 Exhibit A Subpoena Directed to Marjorie Brown)(Salk − PHV, Benjamin) (Entered: 02/15/2017)
380 AMENDED DOCUMENT by John Barrett, Jeffrey Covington, Jermaine Dockery, Phillip Fredenburg, Derrick Hayes, Alvin Luckett, Joseph Osborne, James Vann. Amendment to 371 Notice to Take Deposition of Tyeasa Evans (Attachments: # 1 Exhibit A Subpoena Directed to Tyeasa Evans)(Salk − PHV, Benjamin) (Entered: 02/15/2017)

Case: 3:13-cv-00326-WHB-JCG As of: 03/28/2019 03:52 PM CDT 90 of 136

02/15/2017
02/15/2017
02/21/2017
02/24/2017 03/03/2017 03/07/2017 03/13/2017 03/13/2017 03/13/2017 03/13/2017 03/13/2017
03/13/2017
03/13/2017
03/17/2017

381 AMENDED DOCUMENT by John Barrett, Jeffrey Covington, Jermaine Dockery, Phillip Fredenburg, Derrick Hayes, Alvin Luckett, Joseph Osborne, James Vann. Amendment to 372 Notice to Take Deposition of Sgt. Willie Ruffin (Attachments: # 1 Exhibit A Subpoena Direct to Sgt. Willie Ruffin)(Salk − PHV, Benjamin) (Entered: 02/15/2017)
382 AMENDED DOCUMENT by John Barrett, Jeffrey Covington, Jermaine Dockery, Phillip Fredenburg, Derrick Hayes, Alvin Luckett, Joseph Osborne, James Vann. Amendment to 370 Notice to Take Deposition of Shawanda Wallace (Attachments: # 1 Exhibit A Subpoena Directed to Shawanda Wallace)(Salk − PHV, Benjamin) (Entered: 02/15/2017)
383 NOTICE of Service of Plaintiffs' Responses to Defendants' Third Set of Interrogatories Response to Interrogatories by John Barrett, Michael Combs, Jeffrey Covington, Jermaine Dockery, Tavares Flaggs, Phillip Fredenburg, Derrick Hayes, Derrick Lane, Alvin Luckett, Henry Moore, Joseph Osborne, Eddie Pugh, James Vann (Caveny, Chelsea) (Entered: 02/21/2017)
384 NOTICE of Service of Defendant's Designation of Experts by Christopher Epps, Marshall L. Fisher, Archie Longley, Richard D. McCarty, Gloria Perry (Friedman, Gary) (Entered: 02/24/2017)
385 NOTICE of Appearance by Howard David Clark, III on behalf of Christopher Epps, Marshall L. Fisher, Archie Longley, Richard D. McCarty, Gloria Perry (Clark, Howard) (Entered: 03/03/2017)
386 NOTICE of Service of Defendant's Fourth Supplemental Pre−Discovery Disclosure by Christopher Epps, Marshall L. Fisher, Archie Longley, Richard D. McCarty, Gloria Perry (Morisani, Nicholas) (Entered: 03/07/2017)
387 NOTICE to Take Deposition of Eldon Vail by Christopher Epps, Marshall L. Fisher, Archie Longley, Richard D. McCarty, Gloria Perry (Friedman, Gary) (Entered: 03/13/2017)
388 NOTICE to Take Deposition of Terry Kupers by Christopher Epps, Marshall L. Fisher, Archie Longley, Richard D. McCarty, Gloria Perry (Friedman, Gary) (Entered: 03/13/2017)
389 NOTICE to Take Deposition of Diane Skipworth by Christopher Epps, Marshall L. Fisher, Archie Longley, Richard D. McCarty, Gloria Perry (Friedman, Gary) (Entered: 03/13/2017)
390 NOTICE to Take Deposition of Eldon Vail (Re−Notice of Deposition) by Christopher Epps, Marshall L. Fisher, Archie Longley, Richard D. McCarty, Gloria Perry (Friedman, Gary) (Entered: 03/13/2017)
391 NOTICE to Take Deposition of Christopher Dykes by John Barrett, Michael Combs, Jeffrey Covington, Jermaine Dockery, Tavares Flaggs, Phillip Fredenburg, Derrick Hayes, Derrick Lane, Alvin Luckett, Henry Moore, Joseph Osborne, Eddie Pugh, James Vann (Attachments: # 1 Exhibit A Subpoena to Testify at a Deposition)(Johnson, Elissa) (Entered: 03/13/2017)
392 NOTICE to Take Deposition of Unit Manager Simone Jones by John Barrett, Michael Combs, Jeffrey Covington, Jermaine Dockery, Tavares Flaggs, Phillip Fredenburg, Derrick Hayes, Derrick Lane, Alvin Luckett, Henry Moore, Joseph Osborne, Eddie Pugh, James Vann (Attachments: # 1 Exhibit A Subpoena to Testify at a Deposition)(Johnson, Elissa) (Entered: 03/13/2017)
393 NOTICE to Take Deposition of Major Michael Rice by John Barrett, Michael Combs, Jeffrey Covington, Jermaine Dockery, Tavares Flaggs, Phillip Fredenburg, Derrick Hayes, Derrick Lane, Alvin Luckett, Henry Moore, Joseph Osborne, Eddie Pugh, James Vann (Attachments: # 1 Exhibit A Subpoena to Testify at a Deposition)(Johnson, Elissa) (Entered: 03/13/2017)
394 MOTION for Anna Q. Han to Appear Pro Hac Vice (Paid $100 PHV fee; receipt number 0538−3401368) by John Barrett, Michael Combs, Jeffrey Covington, Jermaine Dockery, Tavares Flaggs, Phillip Fredenburg, Derrick Hayes, Derrick Lane, Henry Moore, Joseph Osborne, Eddie Pugh, James Vann (Attachments: # 1 Exhibit A

Case: 3:13-cv-00326-WHB-JCG As of: 03/28/2019 03:52 PM CDT 91 of 136

03/17/2017
03/17/2017 03/20/2017 03/20/2017 03/22/2017 03/22/2017 03/22/2017 03/22/2017 03/22/2017 03/22/2017 03/22/2017 03/22/2017
03/22/2017 03/23/2017

Certificates of Good Standing)(Owens, Jody) (Entered: 03/17/2017)
395 NOTICE to Take Deposition of Marylin Braxton by John Barrett, Michael Combs, Jeffrey Covington, Jermaine Dockery, Tavares Flaggs, Phillip Fredenburg, Derrick Hayes, Derrick Lane, Alvin Luckett, Henry Moore, Joseph Osborne, Eddie Pugh, James Vann (Attachments: # 1 Exhibit A Subpoena to Testify at Deposition)(Johnson, Elissa) (Entered: 03/17/2017)
396 NOTICE of Service of Plaintiffs' Supplemental Designation of Experts by John Barrett, Michael Combs, Jeffrey Covington, Jermaine Dockery, Tavares Flaggs, Phillip Fredenburg, Derrick Hayes, Derrick Lane, Alvin Luckett, Henry Moore, Joseph Osborne, Eddie Pugh, James Vann (Owens, Jody) (Entered: 03/17/2017)
397 NOTICE of Appearance by Erin D. Saltaformaggio on behalf of Marshall L. Fisher, Archie Longley, Richard D. McCarty, Gloria Perry (Saltaformaggio, Erin) (Entered: 03/20/2017)
398 NOTICE of Appearance by Michael C. Williams on behalf of Marshall L. Fisher, Archie Longley, Richard D. McCarty, Gloria Perry (Williams, Michael) (Entered: 03/20/2017)
399 NOTICE to Take Deposition of Charles Pickering by John Barrett, Michael Combs, Jeffrey Covington, Jermaine Dockery, Tavares Flaggs, Phillip Fredenburg, Derrick Hayes, Derrick Lane, Alvin Luckett, Henry Moore, Joseph Osborne, Eddie Pugh, James Vann (Johnson, Elissa) (Entered: 03/22/2017)
400 NOTICE to Take Deposition of Warden Frank Shaw by John Barrett, Michael Combs, Jeffrey Covington, Jermaine Dockery, Tavares Flaggs, Phillip Fredenburg, Derrick Hayes, Derrick Lane, Alvin Luckett, Henry Moore, Joseph Osborne, Eddie Pugh, James Vann (Johnson, Elissa) (Entered: 03/22/2017)
401 NOTICE to Take Deposition of Tom Roth by John Barrett, Michael Combs, Jeffrey Covington, Jermaine Dockery, Tavares Flaggs, Phillip Fredenburg, Derrick Hayes, Derrick Lane, Alvin Luckett, Henry Moore, Joseph Osborne, Eddie Pugh, James Vann (Johnson, Elissa) (Entered: 03/22/2017)
402 NOTICE to Take Deposition of Ken McGinnis by John Barrett, Michael Combs, Jeffrey Covington, Jermaine Dockery, Tavares Flaggs, Phillip Fredenburg, Derrick Hayes, Derrick Lane, Alvin Luckett, Henry Moore, Joseph Osborne, Eddie Pugh, James Vann (Johnson, Elissa) (Entered: 03/22/2017)
403 NOTICE to Take Deposition of Dr. Kim Nagel by John Barrett, Michael Combs, Jeffrey Covington, Jermaine Dockery, Tavares Flaggs, Phillip Fredenburg, Derrick Hayes, Derrick Lane, Alvin Luckett, Henry Moore, Joseph Osborne, Eddie Pugh, James Vann (Johnson, Elissa) (Entered: 03/22/2017)
404 NOTICE to Take Deposition of Tony Compton by John Barrett, Michael Combs, Jeffrey Covington, Jermaine Dockery, Tavares Flaggs, Phillip Fredenburg, Derrick Hayes, Derrick Lane, Alvin Luckett, Henry Moore, Joseph Osborne, Eddie Pugh, James Vann (Johnson, Elissa) (Entered: 03/22/2017)
405 NOTICE to Take Deposition of Terry Kupers by Christopher Epps, Marshall L. Fisher, Archie Longley, Richard D. McCarty, Gloria Perry (Friedman, Gary) (Entered: 03/22/2017)
TEXT ONLY ORDER granting 394 Motion to Appear Pro Hac Vice of Anna Q. Han. That Anna Q. Han be admitted pro hac vice in this case on behalf of Plaintiffs in association with local counsel and upon registration for electronic filing. NO FURTHER WRITTEN ORDER SHALL ISSUE FROM THE COURT. Signed by Magistrate Judge John C. Gargiulo on 3/22/2017 (AB) (Entered: 03/22/2017)
406 NOTICE of Service of Defendant's Fifth Supplemental Pre−Discovery Disclosure by Christopher Epps, Marshall L. Fisher, Archie Longley, Richard D. McCarty, Gloria Perry (Friedman, Gary) (Entered: 03/22/2017)
407 NOTICE of Service of Plaintiffs' Rebuttal to Defendants' February 24, 2017 Designation of Expert Witnesses Designation of Experts by John Barrett, Michael Combs, Jeffrey Covington, Jermaine Dockery, Tavares Flaggs, Phillip Fredenburg,

Case: 3:13-cv-00326-WHB-JCG As of: 03/28/2019 03:52 PM CDT 92 of 136

03/27/2017
03/27/2017 03/27/2017 03/28/2017
03/28/2017 03/28/2017 03/28/2017 03/30/2017 03/31/2017 04/03/2017
04/03/2017 04/03/2017 04/03/2017 04/04/2017

Derrick Hayes, Derrick Lane, Alvin Luckett, Henry Moore, Joseph Osborne, Eddie Pugh, James Vann (Johnson, Elissa) (Entered: 03/23/2017)
408 MOTION for Jamelia Natasha Morgan to Appear Pro Hac Vice (Paid $100 PHV fee; receipt number 0538−3408683) by John Barrett, Michael Combs, Jeffrey Covington, Jermaine Dockery, Tavares Flaggs, Phillip Fredenburg, Derrick Hayes, Derrick Lane, Alvin Luckett, Henry Moore, Joseph Osborne, Eddie Pugh, James Vann (Attachments: # 1 Exhibit A Certificate of Good Standing)(Owens, Jody) (Entered: 03/27/2017)
409 NOTICE of Appearance by Sarah D. Bidinger on behalf of John Barrett, Michael Combs, Jeffrey Covington, Jermaine Dockery, Tavares Flaggs, Phillip Fredenburg, Derrick Hayes, Derrick Lane, Alvin Luckett, Henry Moore, Joseph Osborne, Eddie Pugh, James Vann (Bidinger, Sarah) (Entered: 03/27/2017)
410 Subpoena Returned Executed as to Marylin Braxton. (Johnson, Elissa) (Entered: 03/27/2017)
TEXT ONLY ORDER granting 408 Motion to Appear Pro Hac Vice Jamelia Natasha Morgan. That Jamelia Natasha Morgan be admitted pro hac vice in this case on behalf of Plaintiffs in association with local counsel and upon registration for electronic filing. NO FURTHER WRITTEN ORDER SHALL ISSUE FROM THE COURT. Signed by Magistrate Judge John C. Gargiulo on 3/28/2017 (AB) (Entered: 03/28/2017)
411 NOTICE to Take Deposition of Steve Stonehouse by John Barrett, Michael Combs, Jeffrey Covington, Jermaine Dockery, Tavares Flaggs, Phillip Fredenburg, Derrick Hayes, Derrick Lane, Alvin Luckett, Henry Moore, Joseph Osborne, Eddie Pugh, James Vann (Johnson, Elissa) (Entered: 03/28/2017)
412 NOTICE to Take Deposition of Warden Norris Hogans by John Barrett, Michael Combs, Jeffrey Covington, Jermaine Dockery, Tavares Flaggs, Phillip Fredenburg, Derrick Hayes, Derrick Lane, Alvin Luckett, Henry Moore, Joseph Osborne, Eddie Pugh, James Vann (Johnson, Elissa) (Entered: 03/28/2017)
413 NOTICE to Take Deposition of Vernell Thomas by John Barrett, Michael Combs, Jeffrey Covington, Jermaine Dockery, Tavares Flaggs, Phillip Fredenburg, Derrick Hayes, Derrick Lane, Alvin Luckett, Henry Moore, Joseph Osborne, Eddie Pugh, James Vann (Johnson, Elissa) (Entered: 03/28/2017)
414 MOTION For Leave To Depose Persons Confined In Prison by Christopher Epps, Archie Longley, Gloria Perry (Morisani, Nicholas) (Entered: 03/30/2017)
415 NOTICE of Service of Defendant's Sixth Supplemental Pre−Discovery Disclosure by Christopher Epps, Marshall L. Fisher, Archie Longley, Richard D. McCarty, Gloria Perry (Friedman, Gary) (Entered: 03/31/2017)
416 MOTION to Compel Independent Mental Health Examinations of a Sample of Inmates at EMCF by Marshall L. Fisher, Archie Longley, Richard D. McCarty, Gloria Perry (Attachments: # 1 Exhibit A−Kupers Report, # 2 Exhibit B−Gage Report, # 3 Exhibit C−Global CV exhibit, # 4 Exhibit D−Good faith emails, # 5 Exhibit E−In re NHL Order on motion to Compel IMEs)(Bentley, Michael) (Entered: 04/03/2017)
417 MOTION to Seal Exhibits by Marshall L. Fisher, Archie Longley, Richard D. McCarty, Gloria Perry (Bentley, Michael) (Entered: 04/03/2017)
418 NOTICE of Service of Defendant's Seventh Supplement to Pre−Discovery Disclosure by Christopher Epps, Marshall L. Fisher, Archie Longley, Richard D. McCarty, Gloria Perry (Morisani, Nicholas) (Entered: 04/03/2017)
419 Amended MOTION For Leave To Depose Persons Confined In Prison by Christopher Epps, Marshall L. Fisher, Archie Longley, Richard D. McCarty, Gloria Perry (Morisani, Nicholas) (Entered: 04/03/2017)
TEXT ONLY ORDER granting MDOC's 417 Unopposed Motion to Seal Exhibits. Exhibits A and B to MDOC's 416 Motion to Compel Independent Mental Health Examinations contain individual inmates' personal medical and mental health information. The Clerk of Court is directed to seal Exhibit A [416−1] and Exhibit B [416−2] to MDOC's 416 Motion to Compel Independent Mental Health Examinations.

Case: 3:13-cv-00326-WHB-JCG As of: 03/28/2019 03:52 PM CDT 93 of 136

04/04/2017 04/05/2017 04/06/2017 04/07/2017
04/10/2017 04/10/2017 04/10/2017 04/10/2017 04/10/2017 04/10/2017 04/10/2017 04/10/2017 04/10/2017 04/10/2017 04/10/2017 04/10/2017

NO FURTHER WRITTEN ORDER WILL ISSUE. Signed by Magistrate Judge John C. Gargiulo on 4/4/2017 (MG) (Entered: 04/04/2017)
420 NOTICE of Service of Plaintiffs' Request for Admissions by John Barrett, Jeffrey Covington, Jermaine Dockery, Phillip Fredenburg, Derrick Hayes, Alvin Luckett, Joseph Osborne, James Vann (Salk − PHV, Benjamin) (Entered: 04/04/2017)
421 NOTICE of Service of Plaintiffs' Fifth Set of Interrogatories by John Barrett, Jeffrey Covington, Jermaine Dockery, Phillip Fredenburg, Derrick Hayes, Alvin Luckett, Joseph Osborne, James Vann (Salk − PHV, Benjamin) (Entered: 04/05/2017)
422 Emergency MOTION to Extend Expert−Discovery Deadline by Marshall L. Fisher, Archie Longley, Richard D. McCarty, Gloria Perry (Walker, Molly) (Entered: 04/06/2017)
TEXT ONLY ORDER setting expedited briefing schedule with regard to Defendants' 416 Emergency Motion to Compel IME and 422 Emergency Motion to Extend Expert Discovery Deadline. Plaintiffs' responses to these motions are due on or before 4/11/2017. Defendants' replies, if any, are due on or before 4/13/2017. NO FURTHER WRITTEN ORDER WILL ISSUE. Signed by Magistrate Judge John C. Gargiulo on 4/7/2017 (MG) (Entered: 04/07/2017)
423 NOTICE to Take Deposition of Diane Skipworth (RE−NOTICE OF DEPOSITION) by Christopher Epps, Marshall L. Fisher, Archie Longley, Richard D. McCarty, Gloria Perry (Friedman, Gary) (Entered: 04/10/2017)
424 NOTICE of Service of Defendant's Eighth Supplemental Pre−Discovery Disclosure by Christopher Epps, Marshall L. Fisher, Archie Longley, Richard D. McCarty, Gloria Perry (Morisani, Nicholas) (Entered: 04/10/2017)
425 Second MOTION For Leave To Depose Persons Confined In Prison by Christopher Epps, Marshall L. Fisher, Archie Longley, Richard D. McCarty, Gloria Perry (Morisani, Nicholas) (Entered: 04/10/2017)
426 NOTICE to Take Deposition of Van Kendrick #R9238 by Christopher Epps, Marshall L. Fisher, Archie Longley, Richard D. McCarty, Gloria Perry (Morisani, Nicholas) (Entered: 04/10/2017)
427 NOTICE to Take Deposition of Hillman Clemons, #116472 by Christopher Epps, Marshall L. Fisher, Archie Longley, Richard D. McCarty, Gloria Perry (Morisani, Nicholas) (Entered: 04/10/2017)
428 NOTICE to Take Deposition of Anthony Bean, #142153 by Christopher Epps, Marshall L. Fisher, Archie Longley, Richard D. McCarty, Gloria Perry (Morisani, Nicholas) (Entered: 04/10/2017)
429 NOTICE to Take Deposition of Matthew Morgan, #184629 by Christopher Epps, Marshall L. Fisher, Archie Longley, Richard D. McCarty, Gloria Perry (Morisani, Nicholas) (Entered: 04/10/2017)
430 NOTICE to Take Deposition of Ricky Thurman, #99408 by Christopher Epps, Marshall L. Fisher, Archie Longley, Richard D. McCarty, Gloria Perry (Morisani, Nicholas) (Entered: 04/10/2017)
431 NOTICE to Take Deposition of Michael Sullivan, #192068 by Christopher Epps, Marshall L. Fisher, Archie Longley, Richard D. McCarty, Gloria Perry (Morisani, Nicholas) (Entered: 04/10/2017)
432 NOTICE to Take Deposition of Vincent Robertson, #38479 by Christopher Epps, Marshall L. Fisher, Archie Longley, Richard D. McCarty, Gloria Perry (Morisani, Nicholas) (Entered: 04/10/2017)
433 NOTICE to Take Deposition of Saul Mata, #83737 by Christopher Epps, Marshall L. Fisher, Archie Longley, Richard D. McCarty, Gloria Perry (Morisani, Nicholas) (Entered: 04/10/2017)
434 NOTICE to Take Deposition of Emile Collins, #91933 by Christopher Epps, Marshall L. Fisher, Archie Longley, Richard D. McCarty, Gloria Perry (Morisani, Nicholas) (Entered: 04/10/2017)

Case: 3:13-cv-00326-WHB-JCG As of: 03/28/2019 03:52 PM CDT 94 of 136

04/10/2017 04/11/2017 04/11/2017
04/11/2017 04/12/2017 04/12/2017
04/13/2017 04/13/2017 04/13/2017 04/13/2017

435 NOTICE to Take Deposition of James McKnight, #38913 by Christopher Epps, Marshall L. Fisher, Archie Longley, Richard D. McCarty, Gloria Perry (Morisani, Nicholas) (Entered: 04/10/2017)
436 NOTICE of Withdrawal of Defendant's Notice of Deposition of Terry Kupers by Christopher Epps, Marshall L. Fisher, Archie Longley, Richard D. McCarty, Gloria Perry re 405 Notice to Take Deposition (Friedman, Gary) (Entered: 04/11/2017)
437 MEMORANDUM in Opposition re 416 MOTION to Compel Independent Mental Health Examinations of a Sample of Inmates at EMCF filed by John Barrett, Michael Combs, Jeffrey Covington, Jermaine Dockery, Anthony Evans, Tavares Flaggs, Phillip Fredenburg, Derrick Hayes, Derrick Lane, Alvin Luckett, Henry Moore, Joseph Osborne, Eddie Pugh, James Vann (Attachments: # 1 Exhibit A: Takei Declaration, # 2 Exhibit A−1: Defendants designation of expert witnesses, # 3 Exhibit A−2: Medical records excerpt, # 4 Exhibit A−3: Medication Administration Records excerpt, # 5 Exhibit A−4: Medical records excerpt, # 6 Exhibit B: Kupers Declaration, # 7 Exhibit C: Gage Declaration)(Takei − PHV, Carl) (Entered: 04/11/2017)
438 RESPONSE in Opposition re 422 Emergency MOTION to Extend Expert−Discovery Deadline filed by John Barrett, Michael Combs, Jeffrey Covington, Jermaine Dockery, Tavares Flaggs, Phillip Fredenburg, Derrick Hayes, Derrick Lane, Alvin Luckett, Henry Moore, Joseph Osborne, Eddie Pugh, James Vann (Salk − PHV, Benjamin) (Entered: 04/11/2017)
439 Supplemental MOTION to Take Deposition from Persons Confined In Prison by Marshall L. Fisher, Archie Longley, Richard D. McCarty, Gloria Perry (Walker, Molly) (Entered: 04/12/2017)
440 Emergency MOTION to Quash Notices of Prisoner Depositions ECF Nos. 426, 427, 428, 429, 430, 431, 432, 433, 434, 435 by John Barrett, Michael Combs, Jeffrey Covington, Jermaine Dockery, Tavares Flaggs, Phillip Fredenburg, Derrick Hayes, Derrick Lane, Alvin Luckett, Henry Moore, Joseph Osborne, Eddie Pugh, James Vann (Attachments: # 1 Exhibit 1 Email dated March 28, 2017 from E. Johnson to G. Friedman, # 2 Exhibit 2 Email dated March 20, 2017 from E. Johnson to G. Friedman, # 3 Exhibit 3 Email dated March 31, 2017 from E. Johnson to G. Friedman, # 4 Exhibit 4 Email dated April 10, 2017 from J. Owens to G. Friedman)(Bidinger, Sarah) (Entered: 04/12/2017)
441 Emergency MOTION to Stay Proceedings of Mental Health Expert Designation Deadline by Marshall L. Fisher, Archie Longley, Richard D. McCarty, Gloria Perry (Walker, Molly) (Entered: 04/13/2017)
NOTICE of Hearing: Telephone Conference regarding pending motions set for 4/14/2017 at 9:00 AM before Magistrate Judge John C. Gargiulo. Counsel for Defendants will place the call to Judge Gargiulo's Chambers with all necessary counsel on the line. (AB) (Entered: 04/13/2017)
442 Rebuttal re 416 MOTION to Compel Independent Mental Health Examinations of a Sample of Inmates at EMCF, 422 Emergency MOTION to Extend Expert−Discovery Deadline filed by Marshall L. Fisher, Archie Longley, Richard D. McCarty, Gloria Perry (Attachments: # 1 Exhibit A−3.20.17 Email)(Bentley, Michael) (Entered: 04/13/2017)
443 Response in Opposition re 425 Second MOTION For Leave To Depose Persons Confined In Prison by Christopher Epps, Marshall L. Fisher, Archie Longley, Richard D. McCarty, Gloria Perry (Morisani, Nicholas), 419 Amended MOTION For Leave To Depose Persons Confined In Prison by Christopher Epps, Marshall L. Fisher, Archie Longley, Richard D. McCarty, Gloria Perry (Morisani, Nicholas), 414 MOTION For Leave To Depose Persons Confined In Prison by Christopher Epps, Archie Longley, Gloria Perry (Morisani, Nicholas) filed by John Barrett, Michael Combs, Jeffrey Covington, Jermaine Dockery, Tavares Flaggs, Phillip Fredenburg, Derrick Hayes, Derrick Lane, Alvin Luckett, Henry Moore, Joseph Osborne, Eddie Pugh, James Vann (Attachments: # 1 Exhibit 1 Defendants' Seventh Supplement to Pre−Discovery Discloures, # 2 Exhibit 2 Defendants' Eighth Supplemental Pre−Discovery Disclosures)(Johnson, Elissa) (Entered: 04/13/2017)

Case: 3:13-cv-00326-WHB-JCG As of: 03/28/2019 03:52 PM CDT 95 of 136

04/14/2017
04/14/2017 04/17/2017
04/20/2017
04/24/2017 04/24/2017 04/24/2017 04/24/2017 04/24/2017 04/24/2017 04/24/2017 04/24/2017 04/24/2017 04/24/2017 04/26/2017

Minute Entry for proceedings held before Magistrate Judge John C. Gargiulo: Telephone Conference held on 4/14/2017 regarding Motions [414, 416, 419, 422, 425, 439, 440, 441]. Order to follow by separate docket entry. PARTICIANTS: Jody E. Owens, II, Carl Takei − PHV, Gretchen Ann Hoff Varner − PHV, Benjamin R. Salk − PHV, Gabriel B. Eber − PHV, Elissa F. Johnson, Chelsea K. Caveny, Elissa F. Johnson, Sarah D. Bidinger, Elizabeth Alexander − PHV and Jamelia Natasha Morgan − PHV (counsel for Plaintiffs); Gary E. Friedman, Nicholas F. Morisani, Michael J. Bentley, Krissy Casey Nobile and Molly Mitchell Walker (counsel for Defendants). (AB) (Entered: 04/14/2017)
444 NOTICE of Service of Designation of Experts by Marshall L. Fisher, Archie Longley, Richard D. McCarty, Gloria Perry (Bentley, Michael) (Entered: 04/14/2017)
445 ORDER finding as moot 414 Motion For Leave to Depose Persons Confined in Prison; denying 416 Motion to Compel Mental Health Examinations of a Sample of Inmates at EMCF; finding as moot 419 Amended Motion For Leave to Depose Persons Confined in Prison; granting in part and denying in part 422 Emergency Motion to Extend Expert−Discovery Deadlines; granting 425 Second Amended Motion For Leave to Depose Persons Confined in Prison ; granting 439 Supplemental Motion For Leave to Depose Persons Confined in Prison; denying 440 Emergency Motion to Quash Notices of Prisoner Depositions; denying 441 Emergency Motion to Stay Mental Health Expert Designation Deadline. Signed by Magistrate Judge John C. Gargiulo on 4/17/2017 (MG) (Entered: 04/17/2017)
TEXT ONLY AMENDED CASE MANAGEMENT ORDER: Designate Experts for Defendant Deadline is 5/12/2017. Designate Experts for Plaintiffs' Rebuttal Deadline is 6/2/2017. Discovery is due by 6/16/2017. Motions are due by 6/30/2017. Settlement Conference remains set for 6/8/2017 at 9:30 AM in Courtroom 6B (Jackson) before Magistrate Judge John C. Gargiulo. Pretrial Conference set for 12/7/2017 at 9:00 AM in Courtroom 4B (Jackson) before District Judge William H. Barbour Jr. Bench Trial set for a four week trial calendar beginning on 1/2/2018 at 9:00 AM in Courtroom 4B (Jackson) before District Judge William H. Barbour Jr. Proposed Pretrial Order due by 12/7/2017. NO FURTHER WRITTEN ORDER WILL ISSUE FROM THE COURT. Signed by Magistrate Judge John C. Gargiulo on 4/20/2017 (AB) (Entered: 04/20/2017)
446 NOTICE to Take Deposition of Alex Armstrong by Marshall L. Fisher, Archie Longley, Richard D. McCarty, Gloria Perry (Walker, Molly) (Entered: 04/24/2017)
447 NOTICE to Take Deposition of Terry Beasley by Marshall L. Fisher, Archie Longley, Richard D. McCarty, Gloria Perry (Walker, Molly) (Entered: 04/24/2017)
448 NOTICE to Take Deposition of Justin Crumb by Marshall L. Fisher, Archie Longley, Richard D. McCarty, Gloria Perry (Walker, Molly) (Entered: 04/24/2017)
449 NOTICE to Take Deposition of Merlin Hill by Marshall L. Fisher, Archie Longley, Richard D. McCarty, Gloria Perry (Walker, Molly) (Entered: 04/24/2017)
450 NOTICE to Take Deposition of Jason Holloway by Marshall L. Fisher, Archie Longley, Richard D. McCarty, Gloria Perry (Walker, Molly) (Entered: 04/24/2017)
451 NOTICE to Take Deposition of Lonnie Jordan by Marshall L. Fisher, Archie Longley, Richard D. McCarty, Gloria Perry (Walker, Molly) (Entered: 04/24/2017)
452 NOTICE to Take Deposition of Barry Melton by Marshall L. Fisher, Archie Longley, Richard D. McCarty, Gloria Perry (Walker, Molly) (Entered: 04/24/2017)
453 NOTICE to Take Deposition of John Williams by Marshall L. Fisher, Archie Longley, Richard D. McCarty, Gloria Perry (Walker, Molly) (Entered: 04/24/2017)
454 NOTICE to Take Deposition of William Dean by Marshall L. Fisher, Archie Longley, Richard D. McCarty, Gloria Perry (Walker, Molly) (Entered: 04/24/2017)
455 NOTICE to Take Deposition of Allen Rogers by Marshall L. Fisher, Archie Longley, Richard D. McCarty, Gloria Perry (Walker, Molly) (Entered: 04/24/2017)
456 NOTICE of Appearance by J. William Manuel on behalf of Marshall L. Fisher, Archie Longley, Richard D. McCarty, Gloria Perry (Manuel, J.) (Entered: 04/26/2017)

Case: 3:13-cv-00326-WHB-JCG As of: 03/28/2019 03:52 PM CDT 96 of 136

04/26/2017
04/26/2017 05/01/2017 05/04/2017 05/05/2017 05/05/2017 05/05/2017 05/09/2017 05/09/2017 05/10/2017 05/10/2017 05/10/2017 05/10/2017

457 MOTION to Compel Production of Documents by John Barrett, Michael Combs, Jeffrey Covington, Jermaine Dockery, Tavares Flaggs, Phillip Fredenburg, Derrick Hayes, Merlin Hill, Derrick Lane, Alvin Luckett, Benjamin McAbee, Henry Moore, Joseph Osborne, Eddie Pugh, James Vann (Attachments: # 1 Exhibit 1 − Plaintiffs' 7th Set of RFPs, # 2 Exhibit 2 − Defendants' Responses to Plaintiffs' 7th Set of RFPs, # 3 Exhibit 3 − Emails between Counsel, # 4 Exhibit 4 − Declaration of Gabriel B. Eber, # 5 Exhibit 5 − Emails among Counsel with Attached List, # 6 Exhibit 6 − Emails among Counsel, # 7 Exhibit 7 − Emails among Counsel with Attached List, # 8 Exhibit 8 − Executed Good Faith Certificate, # 9 Exhibit 9 − Final List of Health Care Records, # 10 Exhibit 10 − Emails among Counsel, # 11 Exhibit 11 − Emails among Counsel)(Eber − PHV, Gabriel) (Entered: 04/26/2017)
458 MEMORANDUM in Support re 457 MOTION to Compel Production of Documents filed by John Barrett, Michael Combs, Jeffrey Covington, Jermaine Dockery, Tavares Flaggs, Phillip Fredenburg, Derrick Hayes, Merlin Hill, Derrick Lane, Alvin Luckett, Henry Moore, Joseph Osborne, Eddie Pugh, James Vann (Eber − PHV, Gabriel) (Entered: 04/26/2017)
459 NOTICE of Filing Certificate of Deponent To Michael Rice's Deposition by Christopher Epps, Marshall L. Fisher, Archie Longley, Richard D. McCarty, Gloria Perry (Morisani, Nicholas) (Entered: 05/01/2017)
460 NOTICE of Service of Defendant's Objections and Response to Request for Admissions by Christopher Epps, Marshall L. Fisher, Archie Longley, Richard D. McCarty, Gloria Perry (Morisani, Nicholas) (Entered: 05/04/2017)
461 NOTICE to Take Deposition of Kimberly Townsend by John Barrett, Michael Combs, Jeffrey Covington, Jermaine Dockery, Tavares Flaggs, Phillip Fredenburg, Derrick Hayes, Derrick Lane, Alvin Luckett, Henry Moore, Joseph Osborne, Eddie Pugh, James Vann (Johnson, Elissa) (Entered: 05/05/2017)
462 NOTICE to Take Deposition of Rolando Abangan by John Barrett, Michael Combs, Jeffrey Covington, Jermaine Dockery, Tavares Flaggs, Phillip Fredenburg, Derrick Hayes, Derrick Lane, Alvin Luckett, Henry Moore, Joseph Osborne, Eddie Pugh, James Vann (Johnson, Elissa) (Entered: 05/05/2017)
463 NOTICE of Service of Response to Interrogatories by Marshall L. Fisher, Archie Longley, Richard D. McCarty, Gloria Perry (Bentley, Michael) (Entered: 05/05/2017)
464 NOTICE to Take Deposition of Penny Brookshire by John Barrett, Michael Combs, Jeffrey Covington, Jermaine Dockery, Tavares Flaggs, Phillip Fredenburg, Derrick Hayes, Derrick Lane, Alvin Luckett, Henry Moore, Joseph Osborne, Eddie Pugh, James Vann (Johnson, Elissa) (Entered: 05/09/2017)
465 NOTICE to Take Deposition of Gloria Perry by John Barrett, Michael Combs, Jeffrey Covington, Jermaine Dockery, Tavares Flaggs, Phillip Fredenburg, Derrick Hayes, Derrick Lane, Alvin Luckett, Henry Moore, Joseph Osborne, Eddie Pugh, James Vann (Johnson, Elissa) (Entered: 05/09/2017)
466 RESPONSE in Opposition re 457 MOTION to Compel Production of Documents filed by Marshall L. Fisher, Archie Longley, Richard D. McCarty, Gloria Perry (Walker, Molly) (Entered: 05/10/2017)
467 NOTICE to Take Deposition of Mississippi Department of Corrections by John Barrett, Michael Combs, Jeffrey Covington, Jermaine Dockery, Tavares Flaggs, Phillip Fredenburg, Derrick Hayes, Derrick Lane, Alvin Luckett, Henry Moore, Joseph Osborne, Eddie Pugh, James Vann (Johnson, Elissa) (Entered: 05/10/2017)
468 NOTICE to Take Deposition of Management and Training Corporation by John Barrett, Michael Combs, Jeffrey Covington, Jermaine Dockery, Tavares Flaggs, Phillip Fredenburg, Derrick Hayes, Derrick Lane, Alvin Luckett, Henry Moore, Joseph Osborne, Eddie Pugh, James Vann (Johnson, Elissa) (Entered: 05/10/2017)
469 NOTICE to Take Deposition of Trinity Services Group, Inc. by John Barrett, Michael Combs, Jeffrey Covington, Jermaine Dockery, Tavares Flaggs, Phillip Fredenburg, Derrick Hayes, Derrick Lane, Alvin Luckett, Henry Moore, Joseph Osborne, Eddie Pugh, James Vann (Attachments: # 1 Exhibit 1 Subpoena to Testify at a Deposition in a Civil Action)(Johnson, Elissa) (Entered: 05/10/2017)

Case: 3:13-cv-00326-WHB-JCG As of: 03/28/2019 03:52 PM CDT 97 of 136

05/11/2017 05/12/2017 05/17/2017 05/17/2017 05/18/2017 05/18/2017 05/18/2017
05/18/2017 05/18/2017 05/18/2017 05/19/2017
05/19/2017

470 Subpoena Returned Executed as to Trinity Services Group, Inc.. (Johnson, Elissa) (Entered: 05/11/2017)
471 NOTICE of Withdrawal of Expert Witness Designation by Marshall L. Fisher, Archie Longley, Richard D. McCarty, Gloria Perry re 444 Notice of Service of Designation of Experts (Bentley, Michael) (Entered: 05/12/2017)
472 NOTICE of Service of Defendant's First Supplemental (To Plaintiffs' Fifth Set of Interrogatories) Response to Interrogatories by Christopher Epps, Marshall L. Fisher, Archie Longley, Richard D. McCarty, Gloria Perry (Morisani, Nicholas) (Entered: 05/17/2017)
473 REPLY to Response to Motion re 457 MOTION to Compel Production of Documents filed by John Barrett, Michael Combs, Jeffrey Covington, Jermaine Dockery, Tavares Flaggs, Phillip Fredenburg, Derrick Hayes, Derrick Lane, Alvin Luckett, Henry Moore, Joseph Osborne, Eddie Pugh, James Vann (Salk − PHV, Benjamin) (Entered: 05/17/2017)
474 MOTION to Quash 30(b)(6) Deposition Notice and, MOTION for Protective Order Preventing Inquiry Regarding Certain Topics by Management & Training Corporation (MTC) (Attachments: # 1 Exhibit A. Draft Notice of 30(b)(6) Deposition to MTC, # 2 Exhibit B. Good Faith Certificate)(Morisani, Nicholas) (Entered: 05/18/2017)
475 MEMORANDUM in Support re 474 MOTION to Quash 30(b)(6) Deposition Notice and MOTION for Protective Order Preventing Inquiry Regarding Certain Topics filed by Management & Training Corporation (MTC) (Morisani, Nicholas) (Entered: 05/18/2017)
476 MOTION to Compel Supplemental Production of Documents by John Barrett, Michael Combs, Jeffrey Covington, Jermaine Dockery, Tavares Flaggs, Phillip Fredenburg, Derrick Hayes, Derrick Lane, Alvin Luckett, Henry Moore, Joseph Osborne, Eddie Pugh, James Vann (Attachments: # 1 Exhibit Defs' Responses to Consolidated and Amended RFPs, # 2 Exhibit Defs' Responses to 7th Set of RFPs, # 3 Exhibit Amended Case Management Order, # 4 Exhibit July 28, 2016 Emails, # 5 Exhibit May 2017 Emails, # 6 Exhibit Eldon Vail Deposition Excerpts, # 7 Exhibit V. Thomas Emails, # 8 Exhibit Good Faith Certificate)(Salk − PHV, Benjamin) (Entered: 05/18/2017)
477 MEMORANDUM in Support re 476 MOTION to Compel Supplemental Production of Documents filed by John Barrett, Michael Combs, Jeffrey Covington, Jermaine Dockery, Tavares Flaggs, Phillip Fredenburg, Derrick Hayes, Derrick Lane, Alvin Luckett, Henry Moore, Joseph Osborne, Eddie Pugh, James Vann (Salk − PHV, Benjamin) (Entered: 05/18/2017)
478 MOTION to Quash 30(b)(6) Deposition Notice and, MOTION for Protective Order Preventing Inquiry Regarding Certain Topics by Christopher Epps, Marshall L. Fisher, Archie Longley, Richard D. McCarty, Gloria Perry (Attachments: # 1 Exhibit A. Draft Notice of 30(b)(6) Deposition to MDOC, # 2 Exhibit B. Good Faith Certificate)(Morisani, Nicholas) (Entered: 05/18/2017)
479 MEMORANDUM in Support re 478 MOTION to Quash 30(b)(6) Deposition Notice and MOTION for Protective Order Preventing Inquiry Regarding Certain Topics filed by Christopher Epps, Marshall L. Fisher, Archie Longley, Richard D. McCarty, Gloria Perry (Morisani, Nicholas) (Entered: 05/18/2017)
480 MOTION to Compel Responses to Plaintiffs' Fifth Set of Interrogatories by John Barrett, Michael Combs, Jeffrey Covington, Jermaine Dockery, Tavares Flaggs, Phillip Fredenburg, Derrick Hayes, Derrick Lane, Alvin Luckett, Henry Moore, Joseph Osborne, Eddie Pugh, James Vann (Attachments: # 1 Exhibit 1 − Defs' Responses to Pls' First Set of Interrogatories, # 2 Exhibit 2 − Excerpts from Stern Report, # 3 Exhibit 3 − Excerpts from LaMarre Report, # 4 Exhibit 4 − Defs' Responses to Pls' Fifth Set of Interrogatories, # 5 Exhibit 5 − Good Faith Certificate)(Salk − PHV, Benjamin) (Entered: 05/19/2017)
481 MEMORANDUM in Support re 480 MOTION to Compel Responses to Plaintiffs' Fifth Set of Interrogatories filed by John Barrett, Michael Combs, Jeffrey Covington, Jermaine Dockery, Tavares Flaggs, Phillip Fredenburg, Derrick Hayes, Derrick Lane, Alvin Luckett, Henry Moore, Joseph Osborne, Eddie Pugh, James Vann (Salk − PHV, Benjamin) (Entered: 05/19/2017)

Case: 3:13-cv-00326-WHB-JCG As of: 03/28/2019 03:52 PM CDT 98 of 136

05/22/2017 05/23/2017
05/23/2017
05/23/2017 05/24/2017 05/24/2017 05/25/2017 05/25/2017 05/25/2017 05/25/2017

482 MOTION for Eric Gordon Balaban to Appear Pro Hac Vice (Paid $100 PHV fee; receipt number 0538−3450210) by John Barrett, Michael Combs, Jeffrey Covington, Jermaine Dockery, Tavares Flaggs, Phillip Fredenburg, Derrick Hayes, Derrick Lane, Alvin Luckett, Henry Moore, Joseph Osborne, Eddie Pugh, James Vann (Attachments: # 1 Exhibit A Certificate of Good Standing)(Owens, Jody) (Entered: 05/22/2017)
483 RESPONSE in Opposition re 478 MOTION to Quash 30(b)(6) Deposition Notice and MOTION for Protective Order Preventing Inquiry Regarding Certain Topics, 474 MOTION to Quash 30(b)(6) Deposition Notice and MOTION for Protective Order Preventing Inquiry Regarding Certain Topics filed by John Barrett, Michael Combs, Jeffrey Covington, Jermaine Dockery, Tavares Flaggs, Phillip Fredenburg, Derrick Hayes, Derrick Lane, Alvin Luckett, Henry Moore, Joseph Osborne, Eddie Pugh, James Vann (Attachments: # 1 Exhibit 1 Excerpt of Majorie Brown Deposition, # 2 Exhibit 2 Excerpt of Tom Roth Deposition, # 3 Exhibit 3 Defendants' Pre−Discovery Disclosures)(Bidinger, Sarah) (Entered: 05/23/2017)
484 RESPONSE in Opposition re 476 MOTION to Compel Supplemental Production of Documents filed by Christopher Epps, Marshall L. Fisher, Archie Longley, Richard D. McCarty, Gloria Perry (Attachments: # 1 Exhibit A. Parties Proposed ESI Statement, # 2 Exhibit B. Email from N. Morisani to Plaintiffs Counsel, September 23, 2016 (passcodes redacted), # 3 Exhibit C. Email between B. Salk and G. Friedman, Aug. 1, 2016, # 4 Exhibit D. Email from N. Morisani to All Counsel of Record, Dec. 20, 2016 (passcodes redacted), # 5 Exhibit E. Affidavit of Tanya Spell, # 6 Exhibit F. Email from B. Salk to Defendants Counsel, Feb. 5, 2016, with attached correspondence and Plaintiffs Sixth Set of Requests for Production, # 7 Exhibit G. Cover Pages for Select Depositions Depicting Attorneys and Support Staff Present for Plaintiffs)(Morisani, Nicholas) (Entered: 05/23/2017)
485 MEMORANDUM IN SUPPORT re 484 Response in Opposition to Motion,,, 476 MOTION to Compel Supplemental Production of Documents filed by Christopher Epps, Marshall L. Fisher, Archie Longley, Richard D. McCarty, Gloria Perry (Morisani, Nicholas) (Entered: 05/23/2017)
486 NOTICE of Withdrawal of Deposition of Gloria Perry by John Barrett, Michael Combs, Jeffrey Covington, Jermaine Dockery, Tavares Flaggs, Phillip Fredenburg, Derrick Hayes, Derrick Lane, Alvin Luckett, Henry Moore, Joseph Osborne, Eddie Pugh, James Vann re 465 Notice to Take Deposition, (Johnson, Elissa) (Entered: 05/24/2017)
487 RESPONSE in Opposition re 480 MOTION to Compel Responses to Plaintiffs' Fifth Set of Interrogatories filed by Marshall L. Fisher (Bentley, Michael) (Entered: 05/24/2017)
488 RESPONSE in Support re 478 MOTION to Quash 30(b)(6) Deposition Notice and MOTION for Protective Order Preventing Inquiry Regarding Certain Topics filed by Christopher Epps, Marshall L. Fisher, Archie Longley, Richard D. McCarty, Gloria Perry (Attachments: # 1 Exhibit A. Excerpt of Defendant's Responses to Plaintiffs' Requests for Admission)(Morisani, Nicholas) (Entered: 05/25/2017)
489 MEMORANDUM in Support re 478 MOTION to Quash 30(b)(6) Deposition Notice and MOTION for Protective Order Preventing Inquiry Regarding Certain Topics, 488 Response in Support of Motion, filed by Christopher Epps, Marshall L. Fisher, Archie Longley, Richard D. McCarty, Gloria Perry (Morisani, Nicholas) (Entered: 05/25/2017)
490 Rebuttal re 474 MOTION to Quash 30(b)(6) Deposition Notice and MOTION for Protective Order Preventing Inquiry Regarding Certain Topics filed by Management & Training Corporation (MTC) (Morisani, Nicholas) (Entered: 05/25/2017)
491 REPLY to Response to Motion re 476 MOTION to Compel Supplemental Production of Documents filed by John Barrett, Jason Robert Case, Michael Combs, Jeffrey Covington, Jermaine Dockery, Tavares Flaggs, Phillip Fredenburg, Derrick Hayes, Derrick Lane, Alvin Luckett, Henry Moore, Joseph Osborne, Eddie Pugh, James Vann (Attachments: # 1 Exhibit Expert Report of Eldon Vail, # 2 Exhibit Expert Report of Diane Skipworth, # 3 Exhibit Exhibit Expert Report of Marc Stern, # 4 Exhibit ESI Documents Produced by Defendants, # 5 Exhibit March 1 Letter to Defendants, # 6 Exhibit March 28 Email to Defendants, # 7 Exhibit Declaration of Elissa

Case: 3:13-cv-00326-WHB-JCG As of: 03/28/2019 03:52 PM CDT 99 of 136

05/26/2017 05/26/2017 05/26/2017 05/30/2017 06/02/2017 06/06/2017 06/06/2017 06/07/2017
06/07/2017 06/08/2017

Johnson)(Doshi − PHV, Ravi) (Entered: 05/25/2017)
DOCKET ANNOTATION as to [#491]: This document is not accompanied by a certificate of service. A certificate of service must be attached to a document [Administrative Procedures for Electronic Case Filing, Sec. 4.A.1, Sec. 4.B, and Fed.R.Civ.P. Rule 5(d)(1)]. Attorney is directed to file a certificate as CERTIFICATE OF SERVICE and link it to the proper document. (MGB) (Entered: 05/26/2017)
492 CERTIFICATE OF SERVICE by John Barrett, Jason Robert Case, Michael Combs, Jeffrey Covington, Jermaine Dockery, Tavares Flaggs, Phillip Fredenburg, Derrick Hayes, Derrick Lane, Alvin Luckett, Henry Moore, Joseph Osborne, Eddie Pugh, James Vann re 491 Reply to Response to Motion,, (Doshi − PHV, Ravi) (Entered: 05/26/2017)
493 REPLY to Response to Motion re 480 MOTION to Compel Responses to Plaintiffs' Fifth Set of Interrogatories filed by John Barrett, Michael Combs, Jeffrey Covington, Jermaine Dockery, Tavares Flaggs, Phillip Fredenburg, Derrick Hayes, Derrick Lane, Alvin Luckett, Henry Moore, Joseph Osborne, Eddie Pugh, James Vann (Salk − PHV, Benjamin) (Entered: 05/26/2017)
TEXT ONLY ORDER granting 482 Motion to Appear Pro Hac Vice of Eric Gordon Balaban. Eric Gordon Balaban is admitted pro hac vice in this case on behalf of Plaintiffs in association with local counsel and upon registration for electronic filing. NO FURTHER WRITTEN ORDER SHALL ISSUE FROM THE COURT. Signed by Magistrate Judge John C. Gargiulo on 5/30/2017 (AB) (Entered: 05/30/2017)
494 NOTICE of Withdrawal of 30(b)(6) Deposition of Trinity Services Group, Inc. by John Barrett, Michael Combs, Jeffrey Covington, Jermaine Dockery, Tavares Flaggs, Phillip Fredenburg, Derrick Hayes, Derrick Lane, Alvin Luckett, Henry Moore, Joseph Osborne, Eddie Pugh, James Vann re 469 Notice to Take Deposition, (Han − PHV, Anna) (Entered: 06/02/2017)
495 NOTICE to Take Deposition of Pelicia Hall by John Barrett, Michael Combs, Jeffrey Covington, Jermaine Dockery, Tavares Flaggs, Phillip Fredenburg, Derrick Hayes, Derrick Lane, Alvin Luckett, Henry Moore, Joseph Osborne, Eddie Pugh, James Vann (Johnson, Elissa) (Entered: 06/06/2017)
496 MOTION for Discovery to Depose an Incarcerated Person by John Barrett, Michael Combs, Jermaine Dockery, Anthony Evans, Tavares Flaggs, Merlin Hill, Alvin Luckett, Henry Moore, Joseph Osborne, Eddie Pugh (Eber − PHV, Gabriel) (Entered: 06/06/2017)
497 ORDER granting 457 Motion to Compel Production of Documents; granting in part and denying in part 474 Motion to Quash 30(b)(6) Deposition Notice and for Protective Order; denying 476 Motion to Compel Supplemental Production of Documents; granting in part and denying in part 478 Motion to Quash 30(b)(6) Deposition Notice and for Protective Order; granting 480 Motion to Compel Responses to Interrogatories. Signed by Magistrate Judge John C. Gargiulo on 6/7/2017 (MG) (Entered: 06/07/2017)
498 NOTICE to Take Deposition of Trinity Services Group, Inc. by John Barrett, Michael Combs, Jeffrey Covington, Jermaine Dockery, Tavares Flaggs, Phillip Fredenburg, Derrick Hayes, Derrick Lane, Alvin Luckett, Henry Moore, Joseph Osborne, Eddie Pugh, James Vann (Attachments: # 1 Exhibit Exhibit A Subpoena to Testify at a Deposition)(Han − PHV, Anna) (Entered: 06/07/2017)
Minute Entry for proceedings held before Magistrate Judge John C. Gargiulo: Settlement Conference held on 6/8/2017. Participants: Carl Takei, Gretchen Ann Vorner, Jody Owens, II, Elissa Johnson, Lisa Graybill, and Gabriel B. Eber (counsel for Plaintiffs); Gary Friedman, Harold Pizzetta, Michael Bentley, Krissy Nobile (counsel for Defendants); Pelicia Hall (MDOC Commissioner); Leonard Vincent (MDOC General Counsel); Jerry Williams (MDOC Deputy Commissioner of Institutions); Rick McCarty (MDOC Deputy Commissioner of Institutions); Dr. Gloria Perry (MDOC Medical Director); and Majorie Brown. The case did not settle at the conference. (TRS) (Entered: 06/08/2017)

Case: 3:13-cv-00326-WHB-JCG As of: 03/28/2019 03:52 PM CDT 100 of 136

06/12/2017 06/13/2017 06/14/2017 06/14/2017 06/15/2017 06/16/2017 06/18/2017 06/18/2017 07/03/2017
07/03/2017
07/05/2017 07/10/2017

499 Unopposed MOTION for Extension of Time to Complete Discovery and Extend Scheduling Order Deadlines by John Barrett, Michael Combs, Jeffrey Covington, Jermaine Dockery, Tavares Flaggs, Phillip Fredenburg, Derrick Hayes, Derrick Lane, Alvin Luckett, Henry Moore, Joseph Osborne, Eddie Pugh, James Vann (Johnson, Elissa) (Entered: 06/12/2017)
500 NOTICE to Take Deposition of Gloria Perry by John Barrett, Michael Combs, Jeffrey Covington, Jermaine Dockery, Tavares Flaggs, Phillip Fredenburg, Derrick Hayes, Derrick Lane, Alvin Luckett, Henry Moore, Joseph Osborne, Eddie Pugh, James Vann (Bidinger, Sarah) (Entered: 06/13/2017)
501 ORDER granting Plaintiffs' 499 Unopposed Motion to Extend Scheduling Order Deadlines. Signed by Magistrate Judge John C. Gargiulo on 6/14/2017 (MG) (Entered: 06/14/2017)
Set/Reset Deadlines: Discovery is due by 7/14/2017. Motions are due by 7/28/2017. (MG) (Entered: 06/14/2017)
502 NOTICE to Take Deposition of Pelicia Hall by John Barrett, Michael Combs, Jeffrey Covington, Jermaine Dockery, Tavares Flaggs, Phillip Fredenburg, Derrick Hayes, Derrick Lane, Alvin Luckett, Henry Moore, Joseph Osborne, Eddie Pugh, James Vann (Johnson, Elissa) (Entered: 06/15/2017)
503 ORDER granting 496 Plaintiffs' Motion to Take the Videotaped Deposition of a Person Confined in Prison. Signed by Magistrate Judge John C. Gargiulo on 6/16/2017 (MG) (Entered: 06/16/2017)
504 NOTICE to Take Deposition of Management and Training Corporation by John Barrett, Michael Combs, Jeffrey Covington, Jermaine Dockery, Tavares Flaggs, Phillip Fredenburg, Derrick Hayes, Derrick Lane, Alvin Luckett, Henry Moore, Joseph Osborne, Eddie Pugh, James Vann (Johnson, Elissa) (Entered: 06/18/2017)
505 NOTICE to Take Deposition of Mississippi Department of Corrections by John Barrett, Michael Combs, Jeffrey Covington, Jermaine Dockery, Tavares Flaggs, Phillip Fredenburg, Derrick Hayes, Derrick Lane, Alvin Luckett, Henry Moore, Joseph Osborne, Eddie Pugh, James Vann (Johnson, Elissa) (Entered: 06/18/2017)
506 (Withdrawn per Notice, document 526 ) MOTION to Vacate Summary Judgment, or in the alternative, Defer Opposition Briefing to any Motion for Summary Judgment until after Trial by John Barrett, Michael Combs, Jeffrey Covington, Jermaine Dockery, Tavares Flaggs, Phillip Fredenburg, Derrick Hayes, Derrick Lane, Alvin Luckett, Henry Moore, Joseph Osborne, Eddie Pugh, James Vann (Attachments: # 1 Exhibit 1 Dr. Kupers 2016 Expert Report, # 2 Exhibit 2 Dr. Gage 2016 Expert Report, # 3 Exhibit 3 MDOC Monthly Report July 2015−June 2016, # 4 Exhibit 4 MDOC Monthly Report July 2016−January 2017, # 5 Exhibit 5 EMCF November 2016 Day Shift Rosters, # 6 Exhibit 6 EMCF Monthly Monitoring Worksheets January 2016 − December 2016, # 7 Exhibit 7 July 1, 2015 Email from Vernell Thomas, # 8 Exhibit 8 Ms. LaMarre 2016 Expert Report, # 9 Exhibit 9 Excerpt from Deposition of Dr. Rolando Abangan, # 10 Exhibit 10 August 31, 2015 Email involving Dr. Gloria Perry)(Doshi − PHV, Ravi) Modified on 7/20/2017 (PKM). (Entered: 07/03/2017)
507 MEMORANDUM in Support re 506 MOTION to Vacate Summary Judgment, or in the alternative, Defer Opposition Briefing to any Motion for Summary Judgment until after Trial filed by John Barrett, Michael Combs, Jeffrey Covington, Jermaine Dockery, Tavares Flaggs, Phillip Fredenburg, Derrick Hayes, Derrick Lane, Alvin Luckett, Henry Moore, Joseph Osborne, Eddie Pugh, James Vann (Doshi − PHV, Ravi) (Entered: 07/03/2017)
508 NOTICE to Take Deposition of Christopher B. Epps by John Barrett, Michael Combs, Jeffrey Covington, Jermaine Dockery, Tavares Flaggs, Phillip Fredenburg, Derrick Hayes, Derrick Lane, Alvin Luckett, Henry Moore, Joseph Osborne, Eddie Pugh, James Vann (Johnson, Elissa) (Entered: 07/05/2017)
509 NOTICE of Service of Plaintiffs Fifth Supplemental Initial Disclosure by John Barrett, Michael Combs, Jeffrey Covington, Jermaine Dockery, Tavares Flaggs, Phillip Fredenburg, Derrick Hayes, Derrick Lane, Alvin Luckett, Henry Moore, Joseph Osborne, Eddie Pugh, James Vann (Johnson, Elissa) (Entered: 07/10/2017)

Case: 3:13-cv-00326-WHB-JCG As of: 03/28/2019 03:52 PM CDT 101 of 136

07/10/2017 07/11/2017 07/11/2017
07/12/2017 07/12/2017 07/13/2017
07/13/2017 07/14/2017 07/14/2017 07/14/2017 07/14/2017 07/14/2017 07/14/2017

510 NOTICE of Service of Plaintiffs' Second Supplemental Answers and Objections to Defendants' Fist Set of Interrogatories Response to Interrogatories by John Barrett, Michael Combs, Jeffrey Covington, Jermaine Dockery, Tavares Flaggs, Phillip Fredenburg, Derrick Hayes, Derrick Lane, Alvin Luckett, Henry Moore, Joseph Osborne, Eddie Pugh, James Vann (Owens, Jody) (Entered: 07/10/2017)
511 Emergency MOTION for Writ of Habeas Corpus ad testificandum by John Barrett, Michael Combs, Jeffrey Covington, Jermaine Dockery, Tavares Flaggs, Phillip Fredenburg, Derrick Hayes, Derrick Lane, Alvin Luckett, Henry Moore, Joseph Osborne, Eddie Pugh, James Vann (Johnson, Elissa) (Entered: 07/11/2017)
512 Response in Opposition re 511 Emergency MOTION for Writ of Habeas Corpus ad testificandum by John Barrett, Michael Combs, Jeffrey Covington, Jermaine Dockery, Tavares Flaggs, Phillip Fredenburg, Derrick Hayes, Derrick Lane, Alvin Luckett, Henry Moore, Joseph Osborne, Eddie Pugh, James Vann (Johnson, Elissa) filed by Marshall L. Fisher, Archie Longley, Richard D. McCarty, Gloria Perry (Bentley, Michael) (Entered: 07/11/2017)
513 ORDER denying 511 Motion for Writ of Habeas Corpus Ad Testificandum. Signed by Magistrate Judge John C. Gargiulo on 7/12/2017 (MG) (Entered: 07/12/2017)
514 NOTICE to Take Deposition of Christoper B. Epps by John Barrett, Michael Combs, Jeffrey Covington, Jermaine Dockery, Tavares Flaggs, Phillip Fredenburg, Derrick Hayes, Derrick Lane, Alvin Luckett, Henry Moore, Joseph Osborne, Eddie Pugh, James Vann (Johnson, Elissa) (Entered: 07/12/2017)
515 RESPONSE in Opposition re 506 MOTION to Vacate Summary Judgment, or in the alternative, Defer Opposition Briefing to any Motion for Summary Judgment until after Trial filed by Christopher Epps, Marshall L. Fisher, Archie Longley, Richard D. McCarty, Gloria Perry (Attachments: # 1 Exhibit A. Excerpts from the Deposition of Eldon Vail, # 2 Exhibit B. Excerpts from the Deposition of Diane Skipworth)(Friedman, Gary) (Entered: 07/13/2017)
516 MEMORANDUM IN SUPPORT re 515 Response in Opposition to Motion, 506 MOTION to Vacate Summary Judgment, or in the alternative, Defer Opposition Briefing to any Motion for Summary Judgment until after Trial filed by Christopher Epps, Marshall L. Fisher, Archie Longley, Richard D. McCarty, Gloria Perry (Friedman, Gary) (Entered: 07/13/2017)
517 NOTICE of Service of Defendant's Ninth Supplement To Pre−Discovery Disclosure by Christopher Epps, Marshall L. Fisher, Archie Longley, Richard D. McCarty, Gloria Perry (Morisani, Nicholas) (Entered: 07/14/2017)
518 NOTICE of Service of Defendant's First Supplemental Responses (To Plaintiffs' Sixth Set of Request for Production) Response to Request for Production by Christopher Epps, Marshall L. Fisher, Archie Longley, Richard D. McCarty, Gloria Perry (Morisani, Nicholas) (Entered: 07/14/2017)
519 NOTICE of Service of Defendant's Second Supplemental Objections and Responses (To Plaintiffs' Fifth Set of Interrogatories) Response to Interrogatories by Christopher Epps, Marshall L. Fisher, Archie Longley, Richard D. McCarty, Gloria Perry (Morisani, Nicholas) (Entered: 07/14/2017)
520 NOTICE of Service of Plaintiffs' Sixth Supplemental Initial Disclosure by John Barrett, Michael Combs, Jeffrey Covington, Jermaine Dockery, Tavares Flaggs, Phillip Fredenburg, Derrick Hayes, Alvin Luckett, Henry Moore, Joseph Osborne, Eddie Pugh, James Vann (Johnson, Elissa) (Entered: 07/14/2017)
521 NOTICE of Service of Plaintiffs' Second Supplemental Responses (To Defendants' Second Set of Interrogatories) Response to Interrogatories by John Barrett, Michael Combs, Jeffrey Covington, Jermaine Dockery, Tavares Flaggs, Phillip Fredenburg, Derrick Hayes, Alvin Luckett, Henry Moore, Joseph Osborne, Eddie Pugh, James Vann (Johnson, Elissa) (Entered: 07/14/2017)
522 NOTICE of Service of Plaintiffs' Second Supplemental Responses (To Defendants' Second Set of Request for Production) Response to Request for Production by John Barrett, Michael Combs, Jeffrey Covington, Jermaine Dockery, Tavares Flaggs, Phillip Fredenburg, Derrick Hayes, Alvin Luckett, Henry Moore, Joseph Osborne,

Case: 3:13-cv-00326-WHB-JCG As of: 03/28/2019 03:52 PM CDT 102 of 136

07/14/2017 07/14/2017 07/18/2017 07/19/2017
07/19/2017
07/27/2017 07/27/2017
07/27/2017 08/02/2017 08/02/2017 08/02/2017

Eddie Pugh, James Vann (Johnson, Elissa) (Entered: 07/14/2017)
523 NOTICE of Service of Supplemental Responses Response to Request for Production by Christopher Epps, Marshall L. Fisher, Archie Longley, Richard D. McCarty, Gloria Perry (Nobile, Krissy) (Entered: 07/14/2017)
524 NOTICE of Service of Supplemental Response to Interrogatories by Christopher Epps, Marshall L. Fisher, Archie Longley, Richard D. McCarty, Gloria Perry (Nobile, Krissy) (Entered: 07/14/2017)
525 MOTION to Withdraw as Attorney Jamelia Morgan by John Barrett, Michael Combs, Jeffrey Covington, Jermaine Dockery, Anthony Evans, Tavares Flaggs, Phillip Fredenburg, Merlin Hill, Derrick Lane, Alvin Luckett, Henry Moore, Joseph Osborne, Eddie Pugh, James Vann (Eber − PHV, Gabriel) (Entered: 07/18/2017)
526 NOTICE Withdrawing Plaintiffs' Motion to Vacate Summary Judgment, Or, In the Alternative, Defer Opposition Briefing to Any Motion for Summary Judgment Until Trial by John Barrett, Michael Combs, Jeffrey Covington, Jermaine Dockery, Tavares Flaggs, Phillip Fredenburg, Derrick Hayes, Derrick Lane, Alvin Luckett, Henry Moore, Joseph Osborne, Eddie Pugh, James Vann re 506 MOTION to Vacate Summary Judgment, or in the alternative, Defer Opposition Briefing to any Motion for Summary Judgment until after Trial (Doshi − PHV, Ravi) (Entered: 07/19/2017)
TEXT ONLY ORDER granting 525 Motion to Withdraw as Counsel of Record for Plaintiffs by Jamelia Morgan. Jamelia Natasha Morgan is granted leave to withdraw and is terminated from the docket as counsel of record for Plaintiffs. Plaintiffs will continue to be represented by attorneys from the ACLU NPP, the SPLC, Covington and Burling, LLP, and the Law Offices of Elizabeth Alexander. NO FURTHER WRITTEN ORDER WILL ISSUE. Signed by Magistrate Judge John C. Gargiulo on 7/19/2017 (MG) (Entered: 07/19/2017)
JOINT ORE TENUS MOTION to Extend Certain Deadlines. (AB) (Entered: 07/27/2017)
TEXT ONLY ORDER granting Joint Ore Tenus Motion to Extend Certain Deadlines. Dispositive and Daubert motions are due on or before August 2, 2017. Responses are due September 1, 2017 and Rebuttals are du e September 15, 2017. NO FURTHER WRITTEN ORDER WILL ISSUE. Signed by Magistrate Judge John C. Gargiulo on 7/27/2017 (AB) (Entered: 07/27/2017)
Set/Reset Deadlines: Dispositive and Daubert motions are due by 8/2/2017. Responses are due 9/1/2017 and Rebuttals are due 9/15/2017. (AB) (Entered: 07/27/2017)
527 MOTION to Seal Certain Exhibits To Motion for Decertification by Christopher Epps, Marshall L. Fisher, Archie Longley, Richard D. McCarty, Gloria Perry (Friedman, Gary) (Entered: 08/02/2017)
528 MEMORANDUM in Support re 527 MOTION to Seal Certain Exhibits To Motion for Decertification filed by Christopher Epps, Marshall L. Fisher, Archie Longley, Richard D. McCarty, Gloria Perry (Friedman, Gary) (Entered: 08/02/2017)
529 MOTION For Decertification by Christopher Epps, Marshall L. Fisher, Archie Longley, Richard D. McCarty, Gloria Perry (Attachments: # 1 Exhibit A. [Pending To Be Filed Under Seal] − Residential Services Agreement Between MDOC and East Mississippi Correctional Facility Authority (under seal), # 2 Exhibit B. Management and Operations Agreement between the Mississippi Department of Corrections and the East Mississippi Correctional Facility Authority, # 3 Exhibit C. Excerpts from the 30(b)(6) Deposition of the Mississippi Department of Corrections (Gloria Perry), # 4 Exhibit D. MDOC Standard Operating Procedure 22−01−01, # 5 Errata E. Declaration of Warden Frank Shaw, # 6 Exhibit F. Excerpts from the Deposition of Diane Skipworth, # 7 Exhibit G. Excerpts from the Deposition of Norris Hogans, # 8 Exhibit H. Excerpts from the Deposition of Michael Sullivan, # 9 Exhibit I. Excerpts from the Deposition of Van Kendrick, # 10 Exhibit J. Excerpt of Report of Tom Roth and Ken McGinnis, # 11 Exhibit K. Excerpts from the Deposition of Anthony Bean, # 12 Exhibit L. Excerpts from the Deposition of Simone Jones, # 13 Exhibit M. EMCF Twenty Four (24) Hour Building Schedule, # 14 Exhibit N. Excerpts from the Deposition of Michael Rice, # 15 Exhibit O. Excerpts from the Deposition of Dr. Kim

Case: 3:13-cv-00326-WHB-JCG As of: 03/28/2019 03:52 PM CDT 103 of 136

08/02/2017 08/02/2017
08/02/2017 08/02/2017

Nagel, # 16 Exhibit P. Excerpts from the Deposition of Eldon Vail, # 17 Exhibit Q. Composite of Supplemental Responses to Interrogatory No. 2 of Defendants Second Set of Interrogatories by Plaintiffs Alvin Luckett, Eddie Pugh, and Derrick Lane, # 18 Exhibit R. [Pending To Be Filed Under Seal] −− J.B.s Second Supplemental Responses to Defendants Second Set of Interrogatories, Nos. 19 & 20, at pages 38−41 (under seal), # 19 Exhibit S. [Pending To Be Filed Under Seal] −− M.C.s Second Supplemental Responses to Defendants Second Set of Interrogatories, No. 10, at pages 33−35 (under seal), # 20 Exhibit T. [Pending To Be Filed Under Seal] −− Excerpts from the Deposition of A.A. (under seal), # 21 Exhibit U. [Pending To Be Filed Under Seal] −− Excerpts from the Deposition of A.R. (under seal), # 22 Exhibit V. [Pending To Be Filed Under Seal] −− Excerpts from the Deposition of T.B. (under seal), # 23 Exhibit W. [Pending To Be Filed Under Seal] −− Excerpts from the Deposition of J.H. (under seal), # 24 Exhibit X. [Pending To Be Filed Under Seal] −−Excerpts from the Deposition of B.M. (under seal), # 25 Exhibit Y. Excerpts from the Deposition of Saul Mata, # 26 Exhibit Z. Excerpt of the Report of Diane Skipworth, # 27 Exhibit AA. Excerpt of the Report of Dr. Marc Stern, # 28 Exhibit BB. Excerpt of the Report of Madeleine LaMarre, # 29 Exhibit CC. [Pending To Be Filed Under Seal] −− Excerpt of Questionnaire Responses Submitted by Prisoners B.A., C.B., D.B., D.C., J.K., J.K.(2), C.U., and M.V. (under seal), # 30 Exhibit DD. [Pending To Be Filed Under Seal] −−Prisoner Name Key (under seal))(Friedman, Gary) (Entered: 08/02/2017)
530 MEMORANDUM in Support re 529 MOTION For Decertification filed by Christopher Epps, Marshall L. Fisher, Archie Longley, Richard D. McCarty, Gloria Perry (Friedman, Gary) (Entered: 08/02/2017)
531 MOTION for Partial Summary Judgment by Christopher Epps, Marshall L. Fisher, Archie Longley, Richard D. McCarty, Gloria Perry (Attachments: # 1 Exhibit A. Excerpts from the Deposition of Pelicia Hall, # 2 Exhibit B. Management and Operations Agreement between the Mississippi Department of Corrections and the East Mississippi Correctional Facility Authority, # 3 Exhibit C. Excerpts from the 30(b)(6) Deposition of the Mississippi Department of Corrections (Gloria Perry), # 4 Exhibit D. Excerpts from the Deposition of Norris Hogans, # 5 Exhibit E. American Correctional Association Accreditation Report, # 6 Exhibit F. PREA Audit: Auditors Summary Report Adult Prisons & Jails, # 7 Exhibit G. July 1, 2015, Auditor Report for Standards Commission, Correctional Education Association, # 8 Exhibit H. Excerpts from the Deposition of Eldon Vail, # 9 Exhibit I. Excerpts from the Deposition of Diane Skipworth, # 10 Exhibit J. Food Service Information, Mississippi Department of Health Facility: EMCF, covering the period of time from July 23, 2012, through October 19, 2016, # 11 Exhibit K. Excerpts from the 30(b)(6) Deposition of Trinity David Thumma, # 12 Exhibit L. Independent Contractor Agreement for Pest Control with attached Summary of Invoices for Pest Control Services covering January 1, 2015 through June 29, 2017, # 13 Exhibit M. Maintenance Log, Jan. 2017 − June 2017, # 14 Exhibit N. Statements of Nutritional Adequacy, # 15 Exhibit O. Composite of Meal Substitution Logs covering all meal substitutions from September 28, 2016, to present, # 16 Exhibit P. Excerpts from the Deposition of Frank Shaw, # 17 Exhibit Q. Trinity Services Group Monthly Inspection Reports dated September 5, 2016, through March 28, 2017, # 18 Exhibit R. Employee Discipline / Term July 1, 2015, through May 1, 2017 Chart and Supplement covering May 1, 2017−July 13, 2017, # 19 Exhibit S. Excerpts from the Deposition of Tyeasa Evans, # 20 Exhibit T. Excerpts from the Deposition of Ken McGinnis, # 21 Exhibit U. Excerpts from the Deposition of Stephen Stonehouse, # 22 Exhibit V. Profile of EMCF Inmate Population)(Friedman, Gary) (Entered: 08/02/2017)
532 MEMORANDUM in Support re 531 MOTION for Partial Summary Judgment filed by Christopher Epps, Marshall L. Fisher, Archie Longley, Richard D. McCarty, Gloria Perry (Friedman, Gary) (Entered: 08/02/2017)
533 MOTION to Exclude Testimony of Dr. Terry A. Kupers and Dr. Bruce C. Gage and Combined Memorandum Brief in Support of Motion by Christopher Epps, Marshall L. Fisher, Archie Longley, Richard D. McCarty, Gloria Perry (Attachments: # 1 Exhibit A−Expert Report of Kupers, # 2 Exhibit B−Declaration of Kupers, # 3 Exhibit C−Expert Report Gage, # 4 Exhibit D−Declaration of Gage)(Walker, Molly) (Entered: 08/02/2017)

Case: 3:13-cv-00326-WHB-JCG As of: 03/28/2019 03:52 PM CDT 104 of 136

08/02/2017
08/02/2017 08/09/2017 08/10/2017
08/10/2017 08/16/2017 08/22/2017 08/24/2017
08/24/2017

534 MOTION to Exclude the Opinions of Proposed Correctional Experts Kenneth McGinnis and Tom Roth by John Barrett, Michael Combs, Jeffrey Covington, Jermaine Dockery, Phillip Fredenburg, Derrick Hayes, Derrick Lane, Alvin Luckett, Henry Moore, Joseph Osborne, Eddie Pugh, James Vann (Attachments: # 1 Exhibit A− McGinnis−Roth Report, # 2 Exhibit B−Defendant's Designation of Expert Witnesses, # 3 Exhibit C−Deposition Transcript of Tom Roth, # 4 Exhibit D−Deposition Transcript of Kenneth McGinnis, # 5 Exhibit E− 2015−2016 Summary Chart of Assaults, # 6 Exhibit F− 2015−2016 Individual Incident Reports)(Johnson, Elissa) (Entered: 08/02/2017)
535 MEMORANDUM in Support re 534 MOTION to Exclude the Opinions of Proposed Correctional Experts Kenneth McGinnis and Tom Roth filed by John Barrett, Michael Combs, Jeffrey Covington, Jermaine Dockery, Tavares Flaggs, Phillip Fredenburg, Derrick Hayes, Derrick Lane, Alvin Luckett, Henry Moore, Joseph Osborne, Eddie Pugh, James Vann (Johnson, Elissa) (Entered: 08/02/2017)
536 MEMORANDUM in Opposition re 527 MOTION to Seal Certain Exhibits To Motion for Decertification filed by John Barrett, Michael Combs, Jeffrey Covington, Jermaine Dockery, Tavares Flaggs, Phillip Fredenburg, Derrick Hayes, Derrick Lane, Alvin Luckett, Henry Moore, Joseph Osborne, Eddie Pugh, James Vann (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Takei − PHV, Carl) (Entered: 08/09/2017)
537 MOTION for Sanctions Pursuant to Fed. R. Civ. P. 37 by John Barrett, Michael Combs, Jeffrey Covington, Jermaine Dockery, Tavares Flaggs, Phillip Fredenburg, Derrick Hayes, Derrick Lane, Alvin Luckett, Henry Moore, Joseph Osborne, Eddie Pugh, James Vann (Attachments: # 1 Exhibit Ex. A − Email from E. Johnson (June 6, 2017), # 2 Exhibit Ex. B − Letter from N. Morisani (July 17, 2017), # 3 Exhibit Ex. C − Email from E. Johnson (July 25, 2017), # 4 Exhibit Ex. D − Email from N. Morisani (July 26, 2017), # 5 Exhibit Ex. E − Letter from N. Morisani (July 27, 2017), # 6 Exhibit Ex. F − Email from E. Johnson (July 31, 2017), # 7 Exhibit Ex. G − Letter from E. Johnson (Aug. 1, 2017), # 8 Exhibit Ex. H − Letter from N. Morisani (Aug. 1, 2017))(Salk − PHV, Benjamin) (Entered: 08/10/2017)
538 MEMORANDUM in Support re 537 MOTION for Sanctions Pursuant to Fed. R. Civ. P. 37 filed by John Barrett, Michael Combs, Jeffrey Covington, Jermaine Dockery, Tavares Flaggs, Phillip Fredenburg, Derrick Hayes, Derrick Lane, Alvin Luckett, Henry Moore, Joseph Osborne, Eddie Pugh, James Vann (Salk − PHV, Benjamin) (Entered: 08/10/2017)
539 NOTICE Withdrawing Defendants' Motion to Seal Certain Exhibits to Motion For Decertification and Memorandum Brief in Support of Motion by Christopher Epps, Marshall L. Fisher, Archie Longley, Richard D. McCarty, Gloria Perry re 527 MOTION to Seal Certain Exhibits To Motion for Decertification, 528 Memorandum in Support of Motion (Walker, Molly) (Entered: 08/16/2017)
540 MOTION to Continue Trial by Christopher Epps, Marshall L. Fisher, Archie Longley, Richard D. McCarty, Gloria Perry (Walker, Molly) (Entered: 08/22/2017)
541 ATTACHMENT re 529 MOTION For Decertification EXHIBITS: Exhibit A − Residential Services Agreement Between MDOC and East Mississippi Correctional Facility Authority by Christopher Epps, Marshall L. Fisher, Archie Longley, Richard D. McCarty, Gloria Perry (Attachments: # 1 Exhibit R. J.B.s Second Supplemental Responses to Defendants Second Set of Interrogatories, Nos. 19 & 20, # 2 Exhibit S. M.C.s Second Supplemental Responses to Defendants Second Set of Interrogatories, No. 10, # 3 Exhibit T. Excerpts from the Deposition of A.A., # 4 Exhibit U. Excerpts from the Deposition of A.R., # 5 Exhibit V. Excerpts from the Deposition of T.B., # 6 Exhibit W. Excerpts from the Deposition of J.H., # 7 Exhibit X. Excerpts from the Deposition of B.M., # 8 Exhibit CC. Excerpt of Questionnaire Responses Submitted by Prisoners B.A., C.B., D.B., D.C., J.K., J.K.(2), C.U., and M.V)(Morisani, Nicholas) (Entered: 08/24/2017)
542 RESPONSE in Opposition re 537 MOTION for Sanctions Pursuant to Fed. R. Civ. P. 37 filed by Christopher Epps, Marshall L. Fisher, Archie Longley, Richard D. McCarty, Gloria Perry (Attachments: # 1 Exhibit A. Decl. of Nicholas Morisani, # 2 Exhibit B. July 14, 2017, Email Correspondence from N. Morisani to Counsel of Record (passcode redacted), # 3 Exhibit C. July 13, 2017, Email Correspondence from N. Morisani to Counsel of Record (passcode redacted), # 4 Exhibit D. May 12, 2017,

Case: 3:13-cv-00326-WHB-JCG As of: 03/28/2019 03:52 PM CDT 105 of 136

08/24/2017 08/31/2017 09/01/2017
09/01/2017 09/01/2017 09/01/2017 09/01/2017

Correspondence from N. Morisani to Counsel of Record, # 5 Exhibit E. May 22, 2017, Email Correspondence from N. Morisani to E. Johnson, # 6 Exhibit F. May 31, 2017, Email Correspondence from N. Morisani to E. Johnson, # 7 Exhibit G. July 10, 2017, Email from E. Johnson to L. Vincent, # 8 Exhibit H. July 10, 2017, Email from N. Morisani to Judge Gargiulos chambers, # 9 Exhibit I. See Airline Ticket Confirmation, # 10 Exhibit J. See July 12, 2017, Email Correspondence from E. Johnson to N. Morisani, # 11 Exhibit K. July 5, 2017, Correspondence from G. Friedman to R. Doshi, # 12 Exhibit L. July 7, 2017, Correspondence from R. Doshi to G. Friedman, # 13 Exhibit M. July 11, 2017, Correspondence from G. Friedman to R. Doshi with enclosed Motion for Sanctions, # 14 Exhibit N. July 11, 2017, Correspondence from G. Friedman to E. Johnson, # 15 Exhibit O. July 14, 2017, Correspondence from E. Johnson to G. Friedman, # 16 Exhibit P. July 19, 2017, Correspondence from G. Friedman to J. Owens, # 17 Exhibit Q. July 20, 2017, Correspondence from J. Owens to G. Friedman, # 18 Exhibit R. July 14, 2017 Email Correspondence from N. Morisani to Counsel of Record re: the Privilege Logs for Defendant and MTC, # 19 Exhibit S. Aug. 1, 2017, Correspondence from N. Morisani to E. Johnson, # 20 Exhibit T. Aug. 22, 2017, Email between N. Morisani and E. Johnson)(Morisani, Nicholas) (Entered: 08/24/2017)
543 MEMORANDUM IN OPPOSITION re 542 Response in Opposition to Motion,,,,,,, 537 MOTION for Sanctions Pursuant to Fed. R. Civ. P. 37 filed by Christopher Epps, Marshall L. Fisher, Archie Longley, Richard D. McCarty, Gloria Perry (Morisani, Nicholas) (Entered: 08/24/2017)
544 REPLY to Response to Motion re 537 MOTION for Sanctions Pursuant to Fed. R. Civ. P. 37 filed by John Barrett, Michael Combs, Jeffrey Covington, Jermaine Dockery, Tavares Flaggs, Phillip Fredenburg, Derrick Hayes, Derrick Lane, Alvin Luckett, Henry Moore, Joseph Osborne, Eddie Pugh, James Vann (Attachments: # 1 Exhibit A − Email from E. Johnson to N. Morisani (Aug. 22, 2017))(Salk − PHV, Benjamin) (Entered: 08/31/2017)
545 RESPONSE in Opposition re 534 MOTION to Exclude the Opinions of Proposed Correctional Experts Kenneth McGinnis and Tom Roth filed by Christopher Epps, Marshall L. Fisher, Archie Longley, Richard D. McCarty, Gloria Perry (Attachments: # 1 Exhibit A. Dep. of Eldon Vail, # 2 Exhibit B. Expert Report of Kenneth McGinnis and Tom Roth, # 3 Exhibit C. Resume of Kenneth McGinnis, # 4 Exhibit D. Resume of Thomas Roth, # 5 Exhibit E. Dep. of Tom Roth, # 6 Exhibit F. Dep. of Ken McGinnis, # 7 Exhibit G. Documents identified as DEF−238871−238873, DEF−300214, produced in response to Plaintiffs Fifth Set of Interrogatories, Nos. 4 and 5)(Morisani, Nicholas) (Entered: 09/01/2017)
546 MEMORANDUM in Opposition re 534 MOTION to Exclude the Opinions of Proposed Correctional Experts Kenneth McGinnis and Tom Roth filed by Christopher Epps, Marshall L. Fisher, Archie Longley, Richard D. McCarty, Gloria Perry (Morisani, Nicholas) (Entered: 09/01/2017)
547 RESPONSE in Opposition re 533 MOTION to Exclude Testimony of Dr. Terry A. Kupers and Dr. Bruce C. Gage and Combined Memorandum Brief in Support of Motion filed by John Barrett, Jeffrey Covington, Jermaine Dockery, Phillip Fredenburg, Derrick Hayes, Alvin Luckett, Joseph Osborne, James Vann (Attachments: # 1 Exhibit A: Declaration of Terry Kupers, # 2 Exhibit B: Letter from Christopher Epps to GEO Group, Inc., # 3 Exhibit C: Declaration of Bruce Gage, # 4 Exhibit D: Declaration of Craig Haney)(Balaban − PHV, Eric) (Entered: 09/01/2017)
548 MOTION for Leave to File Excess Pages for Opposition to Defendant's Motion for Partial Summary Judgment by John Barrett, Michael Combs, Jeffrey Covington, Jermaine Dockery, Tavares Flaggs, Phillip Fredenburg, Derrick Hayes, Derrick Lane, Alvin Luckett, Henry Moore, Joseph Osborne, Eddie Pugh, James Vann (Doshi − PHV, Ravi) (Entered: 09/01/2017)
549 RESPONSE in Opposition re 531 MOTION for Partial Summary Judgment filed by John Barrett, Michael Combs, Jeffrey Covington, Jermaine Dockery, Tavares Flaggs, Phillip Fredenburg, Derrick Hayes, Derrick Lane, Alvin Luckett, Henry Moore, Joseph Osborne, Eddie Pugh, James Vann (Attachments: # 1 Exhibit 1−Vail 2014 Expert Report, # 2 Exhibit 2−Vail 2016 Expert Report, # 3 Exhibit 3−Vail Rebuttal Expert Report, # 4 Exhibit 4−Skipworth 2014 Expert Report, # 5 Exhibit 5−Skipworth 2016

Case: 3:13-cv-00326-WHB-JCG As of: 03/28/2019 03:52 PM CDT 106 of 136

09/01/2017

Expert Report, # 6 Exhibit 6−Skipworth Rebuttal Expert Report, # 7 Exhibit 7−Kupers 2014 Expert Report, # 8 Exhibit 8−Kupers 2016 Expert Report, # 9 Exhibit 9−LaMarre 2016 Expert Report, # 10 Exhibit 10−McGinnis−Roth Expert Report, # 11 Exhibit 11−MDOC 30(b)(6) Witness Deposition Transcript [exceprts], # 12 Exhibit 12−MTC 30(b)(6) Witness Deposition Transcript [excerpts], # 13 Exhibit 13−Trinity Services Group 30(b)(6) Witness Deposition Transcript [excerpts], # 14 Exhibit 14−Tom Roth Expert Witness Deposition Transcript [excerpts], # 15 Exhibit 15−Diane Skipworth Expert Witness Deposition Transcript [excerpts], # 16 Exhibit 16−Steven Stonehouse Expert Witness Deposition Transcript [excerpts], # 17 Exhibit 17−Dr. Rolando Abangan Deposition Transcript [excerpts], # 18 Exhibit 18−Marylin Braxton Deposition Transcript [excerpts], # 19 Exhibit 19−Marjorie Brown Deposition Transcript [excerpts], # 20 Exhibit 20−Hillman Clemmons Deposition Transcript, # 21 Exhibit 21−Capt. Christopher Dykes Deposition Transcript [excerpts], # 22 Exhibit 22−Tyeasa Evans Deposition Transcript [excerpts], # 23 Exhibit 23−Warden Norris Hogans Deposition Transcript [excerpts], # 24 Exhibit 24−Saul Mata Deposition Transcript [excerpts], # 25 Exhibit 25−Dr. Kim Nagel Deposition Transcript [excerpts], # 26 Exhibit 26−Warden Frank Shaw Deposition Transcript [excerpts], # 27 Exhibit 27−Vernell Thomas Deposition Transcript [excerpts], # 28 Exhibit 28−Kimberly Townsend Deposition Transcript [excerpts], # 29 Exhibit 29−Declaration of Jimmy Brewer, # 30 Exhibit 30−Declaration of Dexter Campbell, # 31 Exhibit 31−Declaration of Alfonzo Griffin, # 32 Exhibit 32−Declaration of David Grogan, # 33 Exhibit 33−Declaration of Johnny Holton, # 34 Exhibit 34−Declaration of Charlie Jones, # 35 Exhibit 35−Declaration of Bobby Mitchell, # 36 Exhibit 36−A Barbaric Massive Move, # 37 Exhibit 37−Abston Inmate Request, # 38 Exhibit 38−ACA Accreditation Report, # 39 Exhibit 39−Allen 2016 ARP, # 40 Exhibit 40−Allen 2017 ARP, # 41 Exhibit 41−April 2012 News Report, # 42 Exhibit 42−April 2015 Monitor Email to STG Investigator, # 43 Exhibit 43−December 2014 Contract Monitor Note, # 44 Exhibit 44−December 2016 On−Site Contract Monitoring Worksheet, # 45 Exhibit 45−EMCF MS Department of Health Inspection Summary, # 46 Exhibit 46−February 13, 2017 Lighting Work Orders, # 47 Exhibit 47−February 2017 Work Orders, # 48 Exhibit 48−IL Department of Health Health Beat, # 49 Exhibit 49−July 2015 First Shift Rosters, # 50 Exhibit 50−July 2015 Monitor Email to MDOC−MTC, # 51 Exhibit 51−June 2012 OSHA Press Release, # 52 Exhibit 52−June 2016 Brown Email to Dykes, # 53 Exhibit 53−June 2016 Use of Force Report, # 54 Exhibit 54−March 2016 Department Head Meeting Minutes, # 55 Exhibit 55−March 2017 Ceiling Work Order, # 56 Exhibit 56−March 2017 EMCF Inspection Report, # 57 Exhibit 57−March 2017 Work Order, # 58 Exhibit 58−May 2011 Corrective Action Letter, # 59 Exhibit 59−May 2016 Use of Force Report, # 60 Exhibit 60−MDOC Monthly Report July 2015 to June 2016, # 61 Exhibit 61−MDOC Monthly Report July 2016 to Jan 2017, # 62 Exhibit 62−Monitor Monthly Report (Offender Counts), # 63 Exhibit 63−Monitor Monthly Report (Physical Plant), # 64 Exhibit 64−Monitor Monthly Report (Staff Training), # 65 Exhibit 65−Monitor Monthly Report (Use of Force), # 66 Exhibit 66−MTC Chemical Agents Presentation, # 67 Exhibit 67−November 2015 Department Head Meeting Minutes, # 68 Exhibit 68−November 2016 First Shift Rosters, # 69 Exhibit 69−November 2016 Second Shift Rosters, # 70 Exhibit 70−November 2016 Third Shift Rosters, # 71 Exhibit 71−October 2015 Monitor Email to MDOC−MTC, # 72 Exhibit 72−October 3, 2016 Plumbing Work Orders, # 73 Exhibit 73−October 4, 2016 Plumbing Work Order, # 74 Exhibit 74−Officer Discipline Report, # 75 Exhibit 75−Plumbing Work Orders, # 76 Exhibit 76−Prisoner Records, # 77 Exhibit 77−Report of Investigation, # 78 Exhibit 78−Tapley ARP, # 79 Exhibit 79−Tornes Incident Report, # 80 Exhibit 80−Understanding Food Facility Inspection Grades, # 81 Exhibit 81−Walnut Grove Settlement Order, # 82 Exhibit 82−Weekly Contract Monitor Reports (Food), # 83 Exhibit 83−Weekly Contract Monitor Reports (Security), # 84 Exhibit 84−Wilson ARP, # 85 Exhibit 85−Use of Force and Extraordinary Occurrence Reports, # 86 Exhibit 86−Plaintiffs' Experts' Declarations)(Doshi − PHV, Ravi) (Entered: 09/01/2017)
550 Unopposed MOTION for Leave to File Excess Pages Plaintiffs' Response to Motion for Decertification by John Barrett, Michael Combs, Jeffrey Covington, Jermaine Dockery, Tavares Flaggs, Phillip Fredenburg, Derrick Hayes, Derrick Lane, Alvin Luckett, Henry Moore, Joseph Osborne, Eddie Pugh, James Vann (Johnson, Elissa) (Entered: 09/01/2017)

Case: 3:13-cv-00326-WHB-JCG As of: 03/28/2019 03:52 PM CDT 107 of 136

09/01/2017
09/02/2017
09/02/2017 09/02/2017 09/05/2017 09/05/2017

551 MEMORANDUM in Opposition re 529 MOTION For Decertification filed by John Barrett, Dexter Campbell, Michael Combs, Jeffrey Covington, Jermaine Dockery, Tavares Flaggs, Phillip Fredenburg, Derrick Hayes, Derrick Lane, Alvin Luckett, Henry Moore, Joseph Osborne, Eddie Pugh, James Vann (Attachments: # 1 Exhibit 1 MTC 30(b)(6) Deposition, # 2 Exhibit 2 Deposition of Dr. Gloria Perry, # 3 Exhibit 3 Deposition of Marjorie Brown, # 4 Exhibit 4 Deposition of Norris Hogans, # 5 Exhibit 5 Excerpt from EMCF Disciplinary Report, # 6 Exhibit 6 EMCF Monthly Rpt June 2016−July 2017, # 7 Exhibit 7 Contract Monitor Weekly Reports 2016, # 8 Exhibit 8 Gage Report_EMCF_2016 REDACTED, # 9 Exhibit 9 Pages from Jerry Williams Deposition, # 10 Exhibit 10 Cordarious Nelson Signed Declaration, # 11 Exhibit 11 Decl. of Terry Beasley, # 12 Exhibit 12 3.7.16 Investigation Report, # 13 Exhibit 13 Decl. of David Grogan, # 14 Exhibit 14 6.16.15 Report of Investigation, # 15 Exhibit 15 AP Article − More Contraband found at Meridian Prison, # 16 Exhibit 16 Decl. of Alfonzo Griffin, # 17 Exhibit 17 10.19.16 Incident Report, # 18 Exhibit 18 3.22.17 Incident Report, # 19 Exhibit 19 5.5.17 Incident Report, # 20 Exhibit 20 OSHA Citation of Penalty, # 21 Exhibit 21 Excerpts of Christopher Dykes Deposition)(Johnson, Elissa) (Entered: 09/02/2017)
552 ATTACHMENT re 551 Memorandum in Opposition to Motion,,,,, for Dercertification by John Barrett, Michael Combs, Jeffrey Covington, Jermaine Dockery, Tavares Flaggs, Phillip Fredenburg, Derrick Hayes, Derrick Lane, Alvin Luckett, Henry Moore, Joseph Osborne, Eddie Pugh, James Vann (Attachments: # 1 Exhibit 23 Excerpts of Steven Stonehouse Deposition, # 2 Exhibit 24 6.1.16 Incident Report, # 3 Exhibit 25 8.4.16 Incident Report, # 4 Exhibit 26 6.19.16 Incident Report, # 5 Exhibit 27 5.8.17 Incident Report, # 6 Exhibit 28 1.7.17 Incident Report, # 7 Exhibit 29 10.28.16 Incident Report, # 8 Exhibit 30 5.5.16 Incident Report, # 9 Exhibit 31 4.15.16 Incident Report, # 10 Exhibit 32 3.4.15 Incident Report, # 11 Exhibit 33 9.29.16 Incident Report, # 12 Exhibit 34 11.18.16 Incident Report, # 13 Exhibit 35 AP Article − Inmate Stabbed Multiple Times, # 14 Exhibit 36 AP Article − Inmate Accused of Stabbing 3 Workers, # 15 Exhibit 37 WTOK Article − Inmate Stabbed at EMCF, # 16 Exhibit 38 Meridian Star Article − Inmate Stabbed at Lost Gap Prison, # 17 Exhibit 39 8.2.16 Incident Report, # 18 Exhibit 40 11.15.15 Incident Report)(Johnson, Elissa) (Entered: 09/02/2017)
553 ATTACHMENT re 551 Memorandum in Opposition to Motion,,,,, for Dercertification by John Barrett, Michael Combs, Jeffrey Covington, Jermaine Dockery, Tavares Flaggs, Phillip Fredenburg, Derrick Hayes, Derrick Lane, Alvin Luckett, Henry Moore, Joseph Osborne, Eddie Pugh, James Vann (Attachments: # 1 Exhibit 42 June 9, 2017 Incident Report, # 2 Exhibit 43 June 2, 2017 Incident Report, # 3 Exhibit 44 Excerpt from Marylin Braxton Deposition, # 4 Exhibit 45 Marc Stern Expert Report, # 5 Exhibit 46 Kenneth Clemons Declaration, # 6 Exhibit 47 Kimberly Townsend Deposition Excerpts, # 7 Exhibit 48 Penny Brookshire Deposition Excerpt, # 8 Exhibit 49 Alex Armstrong Deposition Excerpts, # 9 Exhibit 50 Terry Beasley Deposition Excerpt, # 10 Exhibit 51 Allen Rogers Deposition Excerpts, # 11 Exhibit 52 Barry Melton Deposition Excerpt)(Johnson, Elissa) (Entered: 09/02/2017)
554 ATTACHMENT re 551 Memorandum in Opposition to Motion,,,,, for Dercertification by John Barrett, Michael Combs, Jeffrey Covington, Jermaine Dockery, Tavares Flaggs, Phillip Fredenburg, Derrick Hayes, Derrick Lane, Alvin Luckett, Henry Moore, Joseph Osborne, Eddie Pugh, James Vann (Attachments: # 1 Exhibit 54 Excerpt from Jason Holloway Deposition, # 2 Exhibit 55 Excerpt from Kim Nagel Deposition, # 3 Exhibit 56 Excerpt from Shawanda Wallace Deposition, # 4 Exhibit 57 Excerpt from Charles Pickering Deposition, # 5 Exhibit 58 Bobby Allen Declaration, # 6 Exhibit 59 Saul Mata Desposition Excerpts)(Johnson, Elissa) (Entered: 09/02/2017)
555 MOTION to Restrict Exhibit A re 533 MOTION to Exclude Testimony of Dr. Terry A. Kupers and Dr. Bruce C. Gage and Combined Memorandum Brief in Support of Motion by Christopher Epps, Marshall L. Fisher, Archie Longley, Richard D. McCarty, Gloria Perry (Walker, Molly) (Entered: 09/05/2017)
556 RESPONSE in Opposition re 540 MOTION to Continue Trial filed by John Barrett, Michael Combs, Jeffrey Covington, Jermaine Dockery, Tavares Flaggs, Phillip Fredenburg, Derrick Hayes, Derrick Lane, Alvin Luckett, Henry Moore, Joseph Osborne, Eddie Pugh, James Vann (Attachments: # 1 Exhibit A − Email from E. Johnson to the Court (July 25, 2017))(Salk − PHV, Benjamin) (Entered: 09/05/2017)

Case: 3:13-cv-00326-WHB-JCG As of: 03/28/2019 03:52 PM CDT 108 of 136

09/06/2017 09/06/2017
09/07/2017 09/07/2017 09/07/2017
09/08/2017 09/11/2017 09/11/2017 09/12/2017 09/12/2017 09/12/2017 09/12/2017

TEXT ONLY ORDER granting 550 Motion for Leave to File Excess Pages. Plaintiffs are permitted to file a Response in Opposition to Defendant's Motion for Decertification that is 63 pages in length. NO FURTHER WRITTEN ORDER SHALL ISSUE. Signed by District Judge William H. Barbour, Jr on 9/6/17 (Lewis, Nijah) (Entered: 09/06/2017)
557 MOTION For Extension to File Response in Opposition to Defendant's Motion for Decertification Nunc Pro Tunc re 551 Memorandum in Opposition to Motion,,,,, for Dercertification by John Barrett, Michael Combs, Jeffrey Covington, Jermaine Dockery, Tavares Flaggs, Phillip Fredenburg, Derrick Hayes, Derrick Lane, Alvin Luckett, Henry Moore, Joseph Osborne, Eddie Pugh, James Vann (Attachments: # 1 Exhibit 1 Declaration of Jody Owens)(Owens, Jody) (Entered: 09/06/2017)
TEXT ONLY ORDER granting 548 Motion for Leave to File Excess Pages. Plaintiffs are permitted to file a response in opposition to Defendants' Motion for Partial Summary Judgment that is 70 pages in length. NO FURTHER WRITTEN ORDER SHALL ISSUE. Signed by District Judge William H. Barbour, Jr on 9/7/17 (Lewis, Nijah) (Entered: 09/07/2017)
TEXT ONLY ORDER granting 557 Motion for Extension to File Response in Opposition to Defendant's Motion for Decertification Nunc Pro Tunc. Response to Motion for Decertification and the attachments to that response are hereby deemed timely filed. NO FURTHER WRITTEN ORDER SHALL ISSUE. Signed by District Judge William H. Barbour, Jr on 9/7/17 (Lewis, Nijah) (Entered: 09/07/2017)
558 ORDER granting 555 Motion to Restrict Exhibit. The Clerk of Court is hereby directed to restrict public access to Exhibit A of Defendants' Motion to Exclude [Docket No. 533]. IT IS FURTHER ORDERED that Defendants shall, on or before September 15, 2017, re−file the referenced Exhibit A with the required redaction. Signed by District Judge William H. Barbour, Jr on 9/7/17 (Lewis, Nijah) (Entered: 09/07/2017)
559 MOTION for Extension of Time to File Reply Briefs in Support of Pending Motions by Marshall L. Fisher, Archie Longley, Richard D. McCarty, Gloria Perry (Bentley, Michael) (Entered: 09/08/2017)
560 REPLY to Response to Motion re 556 Response in Opposition to Motion to Continue Trial, document 540 , filed by Christopher Epps, Marshall L. Fisher, Archie Longley, Richard D. McCarty, Gloria Perry (Walker, Molly) Modified on 9/11/2017 (PKM). (Entered: 09/11/2017)
DOCKET ANNOTATION as to 560 : Incorrect linkage made. Reply to Response to Motion should be linked to Motion to Continue Trial, Document 540 . All related filings to motions (using the "Responses and Replies" category, with the exception of "Response to Order") should be linked back to the original motion. Court staff has made the correction. (PKM) (Entered: 09/11/2017)
TEXT ONLY ORDER granting 559 Motion for Extension of Time to File. Defendants' Replies to dispositive and Daubert motions #s 529, 531, 533, and 534 are due on or before September 29, 2017. NO FURTHER WRITTEN ORDER SHALL ISSUE. Signed by District Judge William H. Barbour, Jr on 9/12/17 (Lewis, Nijah) (Entered: 09/12/2017)
561 ORDER granting 540 Motion to Continue. Defendants' Motion for Continuance is hereby granted over Plaintiffs' objection. A Pretrial Conference is hereby scheduled for Thursday, February 15, 2018, at 9:30 a.m. Trial in this case is scheduled to begin on Monday, March 5, 2018. Signed by District Judge William H. Barbour, Jr on 9/12/17 (Lewis, Nijah) (Entered: 09/12/2017)
Set/Reset Hearings: Bench Trial set for 3/5/2018 09:00 AM in Courtroom 4B (Jackson) Barbour before District Judge William H. Barbour Jr. Pretrial Conference set for 2/15/2018 09:30 AM in Chambers before District Judge William H. Barbour Jr. (Lewis, Nijah) (Entered: 09/12/2017)
562 ATTACHMENT re 533 MOTION to Exclude Testimony of Dr. Terry A. Kupers and Dr. Bruce C. Gage and Combined Memorandum Brief in Support of Motion by Christopher Epps, Marshall L. Fisher, Archie Longley, Richard D. McCarty, Gloria Perry (Walker, Molly) (Entered: 09/12/2017)

Case: 3:13-cv-00326-WHB-JCG As of: 03/28/2019 03:52 PM CDT 109 of 136

09/29/2017 09/29/2017
09/29/2017 09/29/2017 09/29/2017 09/29/2017 09/29/2017 09/29/2017 09/29/2017

563 REPLY to Response to Motion re 547 Response in Opposition to Motion,, 534 MOTION to Exclude the Opinions of Proposed Correctional Experts Kenneth McGinnis and Tom Roth filed by John Barrett, Michael Combs, Jeffrey Covington, Jermaine Dockery, Tavares Flaggs, Phillip Fredenburg, Derrick Hayes, Derrick Lane, Alvin Luckett, Henry Moore, Joseph Osborne, Eddie Pugh, James Vann (Takei − PHV, Carl) (Entered: 09/29/2017)
564 REPLY to Response to Motion re 529 MOTION For Decertification filed by Christopher Epps, Marshall L. Fisher, Archie Longley, Richard D. McCarty, Gloria Perry (Attachments: # 1 Exhibit A. Dep. of Eldon Vail, # 2 Exhibit B. Employee Discipline / Term Chart, # 3 Exhibit C. Excerpt from EMCF Discipline Report, # 4 Exhibit D. Dep. of Diane Skipworth, # 5 Exhibit E. Decl. of Marie Grady, # 6 Exhibit F. Composite of Redacted Medical Records for Prisoners Austin McKennsey, Bobby Ray Allen, and Jimmy Brewer, # 7 Exhibit G. Rule Violation Report (RVR) No. 01448769, # 8 Exhibit H. Decl. of Warden Frank Shaw, # 9 Exhibit I. Dep. Anthony Bean, # 10 Exhibit J. Dep. of Frank Shaw, # 11 Exhibit K. Dep. of David Thumma, # 12 Exhibit L. Dep. of Marilyn Braxton, # 13 Exhibit M. Excerpt of Expert Report of Ken McGinnis and Tom Roth, # 14 Exhibit N. Dep. Van Kendrick, # 15 Exhibit O. Dep. of Saul Mata, # 16 Exhibit P. Dep. Vincent Robertson, # 17 Exhibit Q. Dep. Michael Sullivan, # 18 Exhibit R. Incident Report No. EMCF−17−0616 (Aug. 1, 2017), # 19 Exhibit S. Incident Report No. EMCF−17−0614 (Aug. 1, 2017), # 20 Exhibit T. Incident Report No. EMCF−16−0272 (May 8, 2016), # 21 Exhibit U. EMCF Chronic Care Clinic Records, # 22 Exhibit V−1. Dep. of Alex Armstrong, # 23 Exhibit V−2. Dep. of Barry Melton, # 24 Exhibit V−3. Dep. of Terry Beasley, # 25 Exhibit V−4. Dep. of Allen Rogers, # 26 Exhibit V−5. Dep. of Merlin Hill, # 27 Exhibit V−6. Dep. of Jason Holloway, # 28 Exhibit W. Dep. of Charles Pickering, # 29 Exhibit X. Dep. of Shawanda Wallace, # 30 Exhibit Y. Rule Violation Report Nos. 01716246, 01703128, and 01700898, # 31 Exhibit Z. Excerpt of Maintenance Log showing maintenance in Units 5 and 6, # 32 Exhibit AA. Excerpt of Maintenance Log, # 33 Exhibit BB. Rule Violation Reports Nos. 01706949 and 01704336, # 34 Exhibit CC. Dep. of Norris Hogans, # 35 Exhibit DD. RVRs, # 36 Exhibit EE. Housing Unit 5 Sanitation Schedule, # 37 Exhibit FF. Excerpt from Skipworths 2016 Report)(Friedman, Gary) (Entered: 09/29/2017)
565 MEMORANDUM IN SUPPORT re 529 MOTION For Decertification , 564 Reply to Response to Motion,,,,,,,, filed by Christopher Epps, Marshall L. Fisher, Archie Longley, Richard D. McCarty, Gloria Perry (Friedman, Gary) (Entered: 09/29/2017)
566 MOTION for Leave to File Excess Pages For Reply in Support of Motion for Decertification by Christopher Epps, Marshall L. Fisher, Archie Longley, Richard D. McCarty, Gloria Perry (Morisani, Nicholas) (Entered: 09/29/2017)
567 MOTION for Leave to File Excess Pages For Reply in Support of Motion for Partial Summary Judgment by Christopher Epps, Marshall L. Fisher, Archie Longley, Richard D. McCarty, Gloria Perry (Morisani, Nicholas) (Entered: 09/29/2017)
568 MOTION For Court Tour of East Mississippi Correctional Facility by Christopher Epps, Marshall L. Fisher, Archie Longley, Richard D. McCarty, Gloria Perry (Attachments: # 1 Exhibit A. Video −− Conventionally Filed)(Friedman, Gary) (Entered: 09/29/2017)
569 MOTION to Strike 547 Response in Opposition to Motion,, Exhibit D − Declaration of Craig W. Haney (Doc 547−4) by Marshall L. Fisher, Archie Longley, Richard D. McCarty, Gloria Perry (Bentley, Michael) (Entered: 09/29/2017)
570 REPLY to Response to Motion re 533 MOTION to Exclude Testimony of Dr. Terry A. Kupers and Dr. Bruce C. Gage and Combined Memorandum Brief in Support of Motion filed by Marshall L. Fisher, Archie Longley, Richard D. McCarty, Gloria Perry (Bentley, Michael) (Entered: 09/29/2017)
571 REPLY to Response to Motion re 531 MOTION for Partial Summary Judgment filed by Christopher Epps, Marshall L. Fisher, Archie Longley, Richard D. McCarty, Gloria Perry (Attachments: # 1 Exhibit A. Dep. of Eldon Vail, # 2 Exhibit B. MDOC Policy Nos. 16−11, 16−13, 16−15, 16−23, and MDOC Procedure Nos. 16−11−01, 16−12−01, 16−13−01, 16−13−02, 16−15.−01, and 16−23−01, # 3 Exhibit C. MDOC Extraordinary Occurrence Report, EMCF−14−0054 (AG023850), with incident video being filed conventionally, # 4 Exhibit D. MDOC Extraordinary Occurrence Report,

Case: 3:13-cv-00326-WHB-JCG As of: 03/28/2019 03:52 PM CDT 110 of 136

09/29/2017 09/29/2017 10/02/2017 10/02/2017 10/02/2017 10/02/2017 10/02/2017 10/13/2017

EMCF−14−0125 (AG023893), with accompanying video filed conventionally, # 5 Exhibit E. MDOC Extraordinary Occurrence Report, EMCF−14−0010 (AG023828), with accompanying video filed conventionally, # 6 Exhibit F. Incident Report No. 15−0352 (Oct. 20, 2015), # 7 Exhibit G. Dep. of Christopher Dykes, # 8 Exhibit H. Excerpt of Expert Report of Ken McGinnis and Tom Roth, # 9 Exhibit I. Dep. of Michael Rice, # 10 Exhibit J. Dep. of David Thumma, # 11 Exhibit K. Dep. of Frank Shaw, # 12 Exhibit L. MDOC Policy No. 16−19, Security Threat Group Management, # 13 Exhibit M. MDOC Security Threat Group Validation Form, and MDOC Security Threat Group Participation Form, # 14 Exhibit N. List of Current Locations as obtained through the MDOCs public website, # 15 Exhibit O. Decl. of Warden Frank Shaw, # 16 Errata P. 2016 K−9 Report and 2017 K−9 Report, # 17 Exhibit Q. Contraband Reports through June 2017, # 18 Exhibit R. Second Amendment to the Management and Operations Agreement Between MDOC and East Mississippi Correctional Facility Authority, # 19 Exhibit S. Dep. of Tyeasa Evans, # 20 Exhibit T. Decl. Michael Sessions, # 21 Exhibit U. Excerpt from Maintenance Log Summary (indicating work order WO−1600024550 was completed on October 5, 2016), # 22 Exhibit V. Mitchell RVRs, # 23 Exhibit W. Jan. 10, 2017, 1st Shift Roster at DEF−214949 (identifying Fire/Safety Lieutenant as J. Wilson and Facility Sanitation Officer as J. Keaton), # 24 Exhibit X. EMCF Quarterly Fire Alarm Test Log, February 2016 through June 2017, and EMCF Sprinkler Control Monthly−Quarterly Inspection, February 2016 through June 2017, # 25 Exhibit Y. Dep. Ricky Thurman, # 26 Exhibit Z. Dep. of Diane Skipworth, # 27 Exhibit AA. Miss. Dept. of Health Inspection Details, Oct. 19, 2016 Inspection, # 28 Exhibit BB. Food Service Information, Mississippi Department of Health Facility: Char Restaurant, covering the period of time from Oct. 26, 2009, through September 7, 2016, # 29 Exhibit CC. Dep. of Marilyn Braxton, # 30 Exhibit DD. Composite of Menu Substitution Logs)(Friedman, Gary) (Entered: 09/29/2017)
572 MEMORANDUM IN SUPPORT re 531 MOTION for Partial Summary Judgment , 571 Reply to Response to Motion,,,,,,,,,, filed by Christopher Epps, Marshall L. Fisher, Archie Longley, Richard D. McCarty, Gloria Perry (Friedman, Gary) (Entered: 09/29/2017)
573 NOTICE OF CONVENTIONAL FILING (Exhibit A to document 568 and Exhibit D to document 571 re: document 531 , filed by Christopher Epps, Marshall L. Fisher, Archie Longley, Richard D. McCarty, Gloria Perry (PKM) Modified on 10/2/2017 (PKM). (Entered: 10/02/2017)
574 ORDER granting 567 Motion for Leave to File Excess Pages. Defendant will be permitted to file a reply brief up to and including forty−three (43) pages. Signed by District Judge William H. Barbour, Jr on 10/2/17 (Lewis, Nijah) (Entered: 10/02/2017)
575 ORDER granting 566 Motion for Leave to File Excess Pages. Defendant will be permitted to file a reply brief up to and including forty−six (46) pages. Signed by District Judge William H. Barbour, Jr on 10/2/17 (Lewis, Nijah) (Entered: 10/02/2017)
576 SUPPLEMENTAL NOTICE OF CONVENTIONAL FILING − Exhibits C and E to document 571 re: document 531 filed by Christopher Epps, Marshall L. Fisher, Archie Longley, Richard D. McCarty, Gloria Perry (PKM) Modified on 10/2/2017 (PKM). (Entered: 10/02/2017)
577 Letter from Attorney Morisani re: Exhibits that were conventionally filed. (PKM) (Entered: 10/02/2017)
DOCKET ANNOTATION as to 573 , 576 and 577 : Attorney Morisani advised via telephone that Exhibits C, D and E filed conventionally are related to document 571 Reply to Response to Motion (PKM) (Entered: 10/02/2017)
578 ***ERROR***DISRGARD THIS ENTRY. RESPONSE in Opposition re 568 MOTION For Court Tour of East Mississippi Correctional Facility filed by John Barrett, Dexter Campbell, Michael Combs, Jeffrey Covington, Jermaine Dockery, Phillip Fredenburg, Derrick Hayes, Derrick Lane, Alvin Luckett, Henry Moore, Joseph Osborne, Eddie Pugh, James Vann (Attachments: # 1 Exhibit 1 3−20−2014 Video (Conventionally Filed) DVD, # 2 Exhibit 2 Excerpt from Eldon Vail's 2014 Report)(Caveny, Chelsea) Modified on 10/13/2017 (cwl). (Entered: 10/13/2017)

Case: 3:13-cv-00326-WHB-JCG As of: 03/28/2019 03:52 PM CDT 111 of 136

10/13/2017 10/13/2017 10/13/2017 10/13/2017 10/13/2017
10/20/2017 10/20/2017 01/03/2018
01/03/2018 01/10/2018

DOCKET ANNOTATION as to # 578 Incorrect event chosen. This document should have been docketed as Memorandum in Opposition to Motion. Attorney is directed to refile using the correct event Memorandum in Opposition to Motion which is located under the category Responses and Replies. (cwl) (Entered: 10/13/2017)
579 MEMORANDUM in Opposition re 568 MOTION For Court Tour of East Mississippi Correctional Facility filed by John Barrett, Michael Combs, Jeffrey Covington, Jermaine Dockery, Tavares Flaggs, Phillip Fredenburg, Derrick Hayes, Derrick Lane, Alvin Luckett, Henry Moore, Joseph Osborne, Eddie Pugh, James Vann (Attachments: # 1 Exhibit 1 3−20−2014 Video (Conventionally Filed) DVD, # 2 Exhibit 2 Excerpt from Eldon Vail's 2014 Report)(Caveny, Chelsea) (Entered: 10/13/2017)
580 NOTICE Withdrawing Declaration of Craig W. Haney, Ph.D., J.D. [ECF No. 547−4] by John Barrett, Michael Combs, Jeffrey Covington, Jermaine Dockery, Tavares Flaggs, Phillip Fredenburg, Derrick Hayes, Derrick Lane, Alvin Luckett, Henry Moore, Joseph Osborne re 547 Response in Opposition to Motion,, 569 MOTION to Strike 547 Response in Opposition to Motion,, Exhibit D − Declaration of Craig W. Haney (Doc 547−4) (Takei − PHV, Carl) (Entered: 10/13/2017)
581 NOTICE OF CONVENTIONAL FILING filed by Jeffrey Covington, Jermaine Dockery, Phillip Fredenburg, Derrick Hayes, Alvin Luckett, Joseph Osborne, James Vann (cwl) (Entered: 10/13/2017)
EXHIBIT "A" by John Barrett, Jeffrey Covington, Jermaine Dockery, Phillip Fredenburg, Derrick Hayes, Alvin Luckett, Joseph Osborne, James Vann Related document: 579 Memorandum in Opposition to Motion, filed by Plaintiff Phillip Fredenburg, Intervenor Plaintiff Henry Moore, Intervenor Plaintiff Derrick Lane, Plaintiff Alvin Luckett, Plaintiff James Vann, Plaintiff John Barrett, Plaintiff Jeffrey Covington, Intervenor Plaintiff Michael Combs, Plaintiff Derrick Hayes, Plaintiff Joseph Osborne, Plaintiff Jermaine Dockery, Intervenor Plaintiff Tavares Flaggs, Intervenor Plaintiff Eddie Pugh (cwl) (DVD placed in Exhibit Room)Modified on 11/6/2017 (PKM). (Entered: 10/13/2017)
582 REPLY to Response to Motion re 568 MOTION For Court Tour of East Mississippi Correctional Facility , 579 Memorandum in Opposition to Motion, filed by Marshall L. Fisher, Archie Longley, Richard D. McCarty, Gloria Perry (Attachments: # 1 Exhibit A. Composite Rule Violation Reports, # 2 Exhibit B. Oct. 13, 2017, Email Notification of Pls 579 Mem. Oppn to 568 Mot. for Court Tour)(Friedman, Gary) (Entered: 10/20/2017)
583 MEMORANDUM IN SUPPORT re 568 MOTION For Court Tour of East Mississippi Correctional Facility , 582 Reply to Response to Motion, filed by Marshall L. Fisher, Archie Longley, Richard D. McCarty, Gloria Perry (Friedman, Gary) (Entered: 10/20/2017)
584 MOTION for Leave to File Plaintiffs' Supplemental Expert Reports by John Barrett, Michael Combs, Jeffrey Covington, Jermaine Dockery, Tavares Flaggs, Phillip Fredenburg, Derrick Hayes, Derrick Lane, Alvin Luckett, Henry Moore, Joseph Osborne, Eddie Pugh, James Vann (Attachments: # 1 Exhibit 1−Eldon Vail Supplemental Expert Report, # 2 Exhibit 2−Diane Skipworth Supplemental Expert Report, # 3 Exhibit 3−Madeleine LaMarre Supplemental Expert Report, # 4 Exhibit 4−Marc Stern Supplemental Expert Report, # 5 Exhibit 5−Bruce Gage Supplemental Expert Report, # 6 Exhibit 6−Terry Kupers Supplemental Expert Report, # 7 Exhibit 7−Declaration of Elissa Johnson, # 8 Exhibit 8−Excerpt of Eldon Vail Deposition)(Caveny, Chelsea) (Entered: 01/03/2018)
585 MEMORANDUM in Support re 584 MOTION for Leave to File Plaintiffs' Supplemental Expert Reports filed by John Barrett, Michael Combs, Jeffrey Covington, Jermaine Dockery, Tavares Flaggs, Phillip Fredenburg, Derrick Hayes, Derrick Lane, Alvin Luckett, Henry Moore, Joseph Osborne, Eddie Pugh, James Vann (Caveny, Chelsea) (Entered: 01/03/2018)
Minute Entry for proceedings held before District Judge William H. Barbour, Jr: Telephone Conference held on 1/10/2018 re: trial matters. (Lewis, Nijah) (Entered: 01/11/2018)

Case: 3:13-cv-00326-WHB-JCG As of: 03/28/2019 03:52 PM CDT 112 of 136

01/17/2018 01/17/2018 01/18/2018 01/18/2018 01/19/2018
01/22/2018
01/22/2018
01/24/2018 02/01/2018 02/01/2018 02/01/2018 02/01/2018

586 NOTICE of Appearance by William T. Siler, Jr on behalf of Christopher Epps, Marshall L. Fisher, Archie Longley, Richard D. McCarty, Gloria Perry (Siler, William) (Entered: 01/17/2018)
587 RESPONSE in Opposition re 584 MOTION for Leave to File Plaintiffs' Supplemental Expert Reports filed by Marshall L. Fisher, Archie Longley, Richard D. McCarty, Gloria Perry (Bentley, Michael) (Entered: 01/17/2018)
588 MOTION to Withdraw as Attorney for Plaintiffs by John Barrett, Jeffrey Covington, Jermaine Dockery, Phillip Fredenburg, Derrick Hayes, Alvin Luckett, Joseph Osborne, James Vann (Salk − PHV, Benjamin) (Entered: 01/18/2018)
589 MOTION to Withdraw as Attorney for Plaintiffs by John Barrett, Jeffrey Covington, Jermaine Dockery, Phillip Fredenburg, Derrick Hayes, Alvin Luckett, Joseph Osborne, James Vann (Salk − PHV, Benjamin) (Entered: 01/18/2018)
590 MOTION for Rekha Elaine Arulanantham to Appear Pro Hac Vice (Paid $100 PHV fee; receipt number 0538−3617880) by John Barrett, Michael Combs, Jeffrey Covington, Jermaine Dockery, Tavares Flaggs, Phillip Fredenburg, Derrick Hayes, Derrick Lane, Alvin Luckett, Henry Moore, Joseph Osborne, Eddie Pugh, James Vann (Attachments: # 1 Exhibit A Certificate of Good Standing Rekha Elaine Arulanantham)(Owens, Jody) (Entered: 01/19/2018)
TEXT ONLY ORDER granting 588 Motion to Withdraw as Counsel of Record filed by Xinping Zhu and granting 589 Motion to Withdraw as Counsel of Record filed by Swati Prakash. Attorneys Xinping Zhu and Swati Prakash are granted leave to withdraw and are terminated from the docket as counsel of record for Plaintiffs. Plaintiffs will continue to be represented by attorneys from the ACLU National Prison Project, the Southern Poverty Law Center, Covington & Burling, LLP, and the Law Offices of Elizabeth Alexander. NO FURTHER WRITTEN ORDER WILL ISSUE. Signed by Magistrate Judge John C. Gargiulo on 1/22/2018 (MG) (Entered: 01/22/2018)
TEXT ONLY ORDER granting 590 Motion to Appear Pro Hac Vice of Rekha Elaine Arulanantham. Rekha Elaine Arulanantham is admitted pro hac vice in this case on behalf of Plaintiffs, John Barrett, Michael Combs, Jeffrey Covington, Jermaine Dockery, Tavares Flaggs, Phillip Fredenburg, Derrick Hayes, Derrick Lane, Alvin Luckett, Henry Moore, Joseph Osborne, Eddie Pugh, James Vann in association with local counsel and upon registration for electronic filing. NO FURTHER WRITTEN ORDER WILL ISSUE FROM THE COURT. Signed by Magistrate Judge John C. Gargiulo on 1/22/2018 (AB) (Entered: 01/22/2018)
591 REPLY to Response to Motion re 584 MOTION for Leave to File Plaintiffs' Supplemental Expert Reports filed by John Barrett, Michael Combs, Jeffrey Covington, Jermaine Dockery, Tavares Flaggs, Phillip Fredenburg, Derrick Hayes, Derrick Lane, Alvin Luckett, Henry Moore, Joseph Osborne, Eddie Pugh, James Vann (Caveny, Chelsea) (Entered: 01/24/2018)
592 MOTION in Limine to Exclude Evidence of Witnesses Criminal Histories by John Barrett, Jeffrey Covington, Jermaine Dockery, Phillip Fredenburg, Derrick Hayes, Alvin Luckett, Joseph Osborne, James Vann (Arulanantham − PHV, Rekha) (Entered: 02/01/2018)
593 MEMORANDUM IN SUPPORT re 592 MOTION in Limine to Exclude Evidence of Witnesses Criminal Histories filed by John Barrett, Jeffrey Covington, Jermaine Dockery, Phillip Fredenburg, Derrick Hayes, Alvin Luckett, Joseph Osborne, James Vann (Arulanantham − PHV, Rekha) (Entered: 02/01/2018)
594 MOTION in Limine to Exclude Evidence of Post−Discovery Changes to Prison Policies and Practices by John Barrett, Jeffrey Covington, Jermaine Dockery, Phillip Fredenburg, Derrick Hayes, Alvin Luckett, Joseph Osborne, James Vann (Arulanantham − PHV, Rekha) (Entered: 02/01/2018)
595 MEMORANDUM in Support re 594 MOTION in Limine to Exclude Evidence of Post−Discovery Changes to Prison Policies and Practices filed by John Barrett, Jeffrey Covington, Jermaine Dockery, Phillip Fredenburg, Derrick Hayes, Alvin Luckett, Joseph Osborne, James Vann (Arulanantham − PHV, Rekha) (Entered: 02/01/2018)

Case: 3:13-cv-00326-WHB-JCG As of: 03/28/2019 03:52 PM CDT 113 of 136

02/08/2018 02/08/2018
02/08/2018 02/08/2018 02/14/2018 02/15/2018
02/15/2018 02/27/2018 03/01/2018 03/01/2018 03/01/2018 03/01/2018 03/01/2018 03/01/2018 03/02/2018

596 ORDER denying 537 Plaintiffs' Motion for Sanctions; denying 584 Plaintiffs' Motion for Leave to File Supplemental Expert Reports. Signed by District Judge William H. Barbour, Jr on 2/8/2018 (Lewis, Nijah) (Entered: 02/08/2018)
597 ORDER denying 533 Motion of Defendants to Exclude; denying 534 Plaintiffs' Daubert Motion to Exclude the Opinions of Proposed Correctional Experts McGinnis and Roth; dismissing as moot 569 Motion of Defendants to Strike Haney Declaration. Signed by District Judge William H. Barbour, Jr on 2/8/2018 (Lewis, Nijah) (Entered: 02/08/2018)
598 RESPONSE in Opposition re 592 MOTION in Limine to Exclude Evidence of Witnesses Criminal Histories filed by Marshall L. Fisher, Archie Longley, Richard D. McCarty, Gloria Perry (Morisani, Nicholas) (Entered: 02/08/2018)
599 RESPONSE in Opposition re 594 MOTION in Limine to Exclude Evidence of Post−Discovery Changes to Prison Policies and Practices filed by Marshall L. Fisher, Archie Longley, Richard D. McCarty, Gloria Perry (Bentley, Michael) (Entered: 02/08/2018)
600 ORDER denying 529 Defendants' Motion for Decertification; denying 531 Defendants' Motion for Partial Summary Judgment. Signed by District Judge William H. Barbour, Jr on 2−14−18 (Lewis, Nijah) (Entered: 02/14/2018)
601 ORDER denying 592 Motion in Limine − Plaintiffs' Motion in Limine to Exclude Criminal Histories of Witnesses is hereby denied, with the caveat that Plaintiffs may raise any Rule 609(a) and/or Rule 404(b) objections they feel are justified on a witness−by−witness basis during trial; denying 594 Motion in Limine. Plaintiffs' Motion in Limine to Exclude Post−Discovery Changes to Prison Policies or Practices is hereby denied. Signed by District Judge William H. Barbour, Jr on 2/15/18 (Lewis, Nijah) (Entered: 02/15/2018)
Minute Entry for proceedings held before District Judge William H. Barbour, Jr: Pretrial Conference held on 2/15/2018. Counsel for all parties appeared. (Lewis, Nijah) (Entered: 02/15/2018)
Minute Entry for proceedings held before District Judge William H. Barbour, Jr: Telephone Conference held on 2/27/2018. Representatives from both sides were present. Trial procedures, pretrial order, and presentation of exhibits and witnesses were discussed. (Lewis, Nijah) (Entered: 02/27/2018)
602 MOTION for Writ of Habeas Corpus ad testificandum by John Barrett, Michael Combs, Jeffrey Covington, Jermaine Dockery, Tavares Flaggs, Phillip Fredenburg, Derrick Hayes, Derrick Lane, Alvin Luckett, Henry Moore, Joseph Osborne, Eddie Pugh, James Vann (Owens, Jody) (Entered: 03/01/2018)
603 MOTION for Writ of Habeas Corpus ad testificandum by John Barrett, Michael Combs, Jeffrey Covington, Jermaine Dockery, Tavares Flaggs, Phillip Fredenburg, Derrick Hayes, Derrick Lane, Alvin Luckett, Henry Moore, Joseph Osborne, Eddie Pugh, James Vann (Owens, Jody) (Entered: 03/01/2018)
604 MOTION for Writ of Habeas Corpus ad testificandum by John Barrett, Michael Combs, Jeffrey Covington, Jermaine Dockery, Tavares Flaggs, Phillip Fredenburg, Derrick Hayes, Derrick Lane, Alvin Luckett, Henry Moore, Joseph Osborne, Eddie Pugh, James Vann (Owens, Jody) (Entered: 03/01/2018)
605 MOTION for Writ of Habeas Corpus ad testificandum by John Barrett, Michael Combs, Jeffrey Covington, Jermaine Dockery, Tavares Flaggs, Phillip Fredenburg, Derrick Hayes, Derrick Lane, Alvin Luckett, Henry Moore, Joseph Osborne, Eddie Pugh, James Vann (Owens, Jody) (Entered: 03/01/2018)
606 Subpoena Returned Executed as to Christopher Dykes. (Owens, Jody) (Entered: 03/01/2018)
607 Subpoena Returned Executed as to Norris Hogans. (Owens, Jody) (Entered: 03/01/2018)
608 RESPONSE in Opposition re 604 MOTION for Writ of Habeas Corpus ad testificandum , 605 MOTION for Writ of Habeas Corpus ad testificandum , 603 MOTION for Writ of Habeas Corpus ad testificandum , 602 MOTION for Writ of

Case: 3:13-cv-00326-WHB-JCG As of: 03/28/2019 03:52 PM CDT 114 of 136

03/02/2018
03/05/2018 03/05/2018 03/05/2018 03/05/2018 03/05/2018 03/05/2018 03/05/2018 03/05/2018
03/06/2018 03/06/2018 03/06/2018 03/06/2018
03/07/2018

Habeas Corpus ad testificandum filed by Marshall L. Fisher, Archie Longley, Richard D. McCarty, Gloria Perry (Attachments: # 1 Exhibit A. MDOC Information Sheets on Inmates)(Morisani, Nicholas) (Entered: 03/02/2018)
609 RESPONSE in Support re 604 MOTION for Writ of Habeas Corpus ad testificandum , 605 MOTION for Writ of Habeas Corpus ad testificandum , 603 MOTION for Writ of Habeas Corpus ad testificandum , 602 MOTION for Writ of Habeas Corpus ad testificandum filed by John Barrett, Michael Combs, Jeffrey Covington, Jermaine Dockery, Tavares Flaggs, Phillip Fredenburg, Derrick Hayes, Derrick Lane, Alvin Luckett, Henry Moore, Joseph Osborne, Eddie Pugh, James Vann (Johnson, Elissa) (Entered: 03/02/2018)
610 ORDER FOR WRIT OF HABEAS CORPUS AD TESTIFICANDUM − granting the request to compel the attendance of John Barrett, #27578 and Eddie Pugh, #162730. Signed by District Judge William H. Barbour, Jr on 3/5/2018 (Lewis, Nijah) (Entered: 03/05/2018)
611 ORDER FOR WRIT OF HABEAS CORPUS AD TESTIFICANDUM − granting the request to compel the attendance of Joseph Osborne M2916 and Hillman Clemons #116472. Signed by District Judge William H. Barbour, Jr on 3/5/2018 (Lewis, Nijah) (Entered: 03/05/2018)
612 Writ of Habeas Corpus ad Testificandum Issued as to John Barrett, MDOC No. 27578 for March 5, 2018 through March 9, 2018 at 9:00 each day, Jackson, MS. (PKM) (Entered: 03/05/2018)
613 Writ of Habeas Corpus ad Testificandum Issued as to Eddie Pugh, MDOC No. 162730 for March 5, 2018 through March 9, 2018 at 9:00 each day, Jackson, MS. (PKM) (Entered: 03/05/2018)
614 Writ of Habeas Corpus ad Testificandum Issued as to Hillman Clemons MDOC No. 116472, for March 9, 2018, at 9:00 a.m. in Jackson, MS. (PKM) (Entered: 03/05/2018)
615 Writ of Habeas Corpus ad Testificandum Issued as to Joseph Osborne, MDOC No. M2916, for March 9, 2018, 9:00 a.m., Jackson, MS. (PKM) (Entered: 03/05/2018)
616 PRETRIAL ORDER. Signed by District Judge William H. Barbour, Jr on 3/5/18 (Lewis, Nijah) (Entered: 03/05/2018)
Minute Entry for proceedings held before District Judge William H. Barbour, Jr: Bench Trial held on 3/5/2018. Openings were heard. Testimony and Evidence entered. Trial to resume on Tuesday, March 6, 2018 at 9:00 am. Court Reporter/Transcriber Gina Morris, Telephone Number : 601−608−4187. (Lewis, Nijah) (Entered: 03/05/2018)
617 MOTION for Writ of Habeas Corpus ad testificandum by John Barrett, Michael Combs, Jeffrey Covington, Jermaine Dockery, Tavares Flaggs, Phillip Fredenburg, Derrick Hayes, Derrick Lane, Alvin Luckett, Henry Moore, Joseph Osborne, Eddie Pugh, James Vann (Owens, Jody) (Entered: 03/06/2018)
618 ORDER granting 617 Motion for Writ of Habeas Corpus ad testificandum. Signed by District Judge William H. Barbour, Jr on 3/6/18 (Lewis, Nijah) (Entered: 03/06/2018)
619 Writ of Habeas Corpus ad Testificandum Issued as to Michael Combs, #R0942 for March 12, 2018 at 9:00 a.m. (KNS) (Entered: 03/06/2018)
Minute Entry for proceedings held before District Judge William H. Barbour, Jr: Bench Trial held on 3/6/2018. Appearances: For the Defendants: Molly Walker, Michael Bentley, Will Manual, Nick Morisani, Tommy Siler; For the Plaintiffs: Jody Owens, Elissa Johnson, Ravi Doshi, Anna Han, Sarah Bidinger, Chelsea Caveny, Rekha Arulanatham, Carl Takei, Erin Monju, Benjamin Salk, Gretchen Hoff Varner. Day 2. Testimony heard and evidence was entered. The Court recessed and will begin on Wednesday, March 7, 2018 at 9:00 am. Court Reporter/Transcriber Gina Morris, Telephone Number : 601−608−4187 and Cheri Bond − (601)608−4186. (Lewis, Nijah) (Entered: 03/06/2018)
620 Subpoena Issued as to Warden Frank Shaw. (PKM) (Entered: 03/07/2018)

Case: 3:13-cv-00326-WHB-JCG As of: 03/28/2019 03:52 PM CDT 115 of 136

03/07/2018 03/07/2018 03/07/2018 03/07/2018 03/07/2018 03/07/2018 03/07/2018 03/07/2018 03/07/2018 03/07/2018 03/07/2018 03/07/2018 03/07/2018 03/07/2018
03/08/2018 03/08/2018

621 Amended MOTION for Writ of Habeas Corpus ad testificandum by John Barrett, Michael Combs, Jeffrey Covington, Jermaine Dockery, Tavares Flaggs, Phillip Fredenburg, Derrick Hayes, Derrick Lane, Alvin Luckett, Henry Moore, Joseph Osborne, Eddie Pugh, James Vann (Owens, Jody) (Entered: 03/07/2018)
622 Amended MOTION for Writ of Habeas Corpus ad testificandum by John Barrett, Michael Combs, Jeffrey Covington, Jermaine Dockery, Tavares Flaggs, Phillip Fredenburg, Derrick Hayes, Derrick Lane, Alvin Luckett, Henry Moore, Joseph Osborne, Eddie Pugh, James Vann (Owens, Jody) (Entered: 03/07/2018)
623 Amended MOTION for Writ of Habeas Corpus ad testificandum by John Barrett, Michael Combs, Jeffrey Covington, Jermaine Dockery, Tavares Flaggs, Phillip Fredenburg, Derrick Hayes, Derrick Lane, Alvin Luckett, Henry Moore, Joseph Osborne, Eddie Pugh, James Vann (Owens, Jody) (Entered: 03/07/2018)
624 MOTION for Writ of Habeas Corpus ad testificandum by John Barrett, Michael Combs, Jeffrey Covington, Jermaine Dockery, Tavares Flaggs, Phillip Fredenburg, Derrick Hayes, Derrick Lane, Alvin Luckett, Henry Moore, Joseph Osborne, Eddie Pugh, James Vann (Owens, Jody) (Entered: 03/07/2018)
625 MOTION for Writ of Habeas Corpus ad testificandum by John Barrett, Michael Combs, Jeffrey Covington, Jermaine Dockery, Tavares Flaggs, Phillip Fredenburg, Derrick Hayes, Derrick Lane, Henry Moore, Joseph Osborne, Eddie Pugh, James Vann (Owens, Jody) (Entered: 03/07/2018)
626 ORDER granting 623 Motion for Writ of Habeas Corpus ad testificandum. Signed by District Judge William H. Barbour, Jr on 3/7/18 (Lewis, Nijah) (Entered: 03/07/2018)
627 ORDER granting 621 Motion for Writ of Habeas Corpus ad testificandum; granting 622 Motion for Writ of Habeas Corpus ad testificandum Signed by District Judge William H. Barbour, Jr on 3/7/18 (Lewis, Nijah) (Entered: 03/07/2018)
628 ORDER granting 624 Motion for Writ of Habeas Corpus ad testificandum; granting 625 Motion for Writ of Habeas Corpus ad testificandum Signed by District Judge William H. Barbour, Jr on 3/7/18 (Lewis, Nijah) (Entered: 03/07/2018)
629 Amended Writ of Habeas Corpus ad Testificandum Issued as to Michael Combs for 3/8/2018 and 3/9/2018 at 9:00 a.m. each day. (ND) (Entered: 03/07/2018)
630 Writ of Habeas Corpus ad Testificandum Issued as to Saul Mata, #83737 for March 9, 2018 at 9:00 a.m. (KNS) (Entered: 03/07/2018)
631 Amended Writ of Habeas Corpus ad Testificandum Issued as to Joseph Osborne, #M2916 for March 8, 2018 and March 9, 2018 at 9:00 a.m. (KNS) (Entered: 03/07/2018)
632 Amended Writ of Habeas Corpus ad Testificandum Issued as to Hillman Clemons, #116472 for March 8, 2018 and March 9, 2018 at 9:00 a.m. (KNS) (Entered: 03/07/2018)
633 Writ of Habeas Corpus ad Testificandum Issued as to Terry Beasley, #57151 for March 9, 2018 at 9:00 a.m. (KNS) (Entered: 03/07/2018)
Minute Entry for proceedings held before District Judge William H. Barbour, Jr: Bench Trial held on 3/7/2018. Appearances: For the Defendants: Molly Walker, Michael Bentley, Will Manual, Nick Morisani, Tommy Siler; For the Plaintiffs: Ravi Doshi, Anna Han, Carl Takei, Gretchen Hoff Varner, Jody Owens,, Rekha Arulanatham, Erin Monju, Benjamin Salk, Eric Balaban, Ellisa Johnson. Testimony heard and evidence entered. The Court recessed and will begin on Thursday, March 8, 2018 at 9:30 am. Court Reporter/Transcriber Cherie Bond, Telephone Number : 601−608−4186. (Lewis, Nijah) (Entered: 03/07/2018)
634 Subpoena Returned Warden Frank Shaw (Owens, Jody) (Entered: 03/08/2018)
635 MOTION for Reconsideration re Bench Trial − Held,, on March 7, 2018 by John Barrett, Michael Combs, Jeffrey Covington, Jermaine Dockery, Tavares Flaggs, Phillip Fredenburg, Derrick Hayes, Derrick Lane, Alvin Luckett, Henry Moore, Joseph Osborne, Eddie Pugh, James Vann (Owens, Jody) (Entered: 03/08/2018)

Case: 3:13-cv-00326-WHB-JCG As of: 03/28/2019 03:52 PM CDT 116 of 136

03/08/2018
03/08/2018 03/08/2018 03/08/2018 03/08/2018 03/09/2018
03/09/2018
03/09/2018 03/09/2018 03/09/2018 03/09/2018 03/09/2018 03/09/2018 03/09/2018

Minute Entry for proceedings held before District Judge William H. Barbour, Jr: Bench Trial held on 3/8/2018. Appearances: For the Defendants: Molly Walker, Michael Bentley, Will Manual, Nick Morisani, Tommy Siler; For the Plaintiffs: Ravi Doshi, Anna Han, Carl Takei, Gretchen Hoff Varner, Jody Owens, Eric Balaban, Ellisa Johnson, Sarah Bidinger.The Court recessed and will begin on Friday, March 9, 2018 at 9:00 am. Court Reporter/Transcriber Cherie Bond, Telephone Number : 601−608−4186. (Lewis, Nijah) (Entered: 03/08/2018)
636 MOTION for Writ of Habeas Corpus ad testificandum by John Barrett, Michael Combs, Jeffrey Covington, Jermaine Dockery, Tavares Flaggs, Phillip Fredenburg, Derrick Hayes, Derrick Lane, Alvin Luckett, Henry Moore, Joseph Osborne, Eddie Pugh, James Vann (Owens, Jody) (Entered: 03/08/2018)
637 MOTION for Writ of Habeas Corpus ad testificandum by John Barrett, Michael Combs, Jeffrey Covington, Jermaine Dockery, Tavares Flaggs, Phillip Fredenburg, Derrick Hayes, Derrick Lane, Alvin Luckett, Henry Moore, Joseph Osborne, Eddie Pugh, James Vann (Owens, Jody) (Entered: 03/08/2018)
638 MOTION for Writ of Habeas Corpus ad testificandum by John Barrett, Michael Combs, Jeffrey Covington, Jermaine Dockery, Tavares Flaggs, Phillip Fredenburg, Derrick Hayes, Derrick Lane, Alvin Luckett, Henry Moore, Joseph Osborne, Eddie Pugh, James Vann (Owens, Jody) (Entered: 03/08/2018)
639 MOTION for Writ of Habeas Corpus ad testificandum by John Barrett, Michael Combs, Jeffrey Covington, Jermaine Dockery, Tavares Flaggs, Phillip Fredenburg, Derrick Hayes, Derrick Lane, Alvin Luckett, Henry Moore, Joseph Osborne, Eddie Pugh, James Vann (Owens, Jody) (Entered: 03/08/2018)
640 Response in Opposition re 635 MOTION for Reconsideration re Bench Trial − Held,, on March 7, 2018 by John Barrett, Michael Combs, Jeffrey Covington, Jermaine Dockery, Tavares Flaggs, Phillip Fredenburg, Derrick Hayes, Derrick Lane, Alvin Luckett, Henry Moore, Joseph Osborne, Eddie Pugh, James Vann (Owens, Jody) filed by Christopher Epps, Marshall L. Fisher, Archie Longley, Richard D. McCarty, Gloria Perry (Bentley, Michael) (Entered: 03/09/2018)
641 ORDER granting 636 Motion for Writ of Habeas Corpus ad testificandum; granting 637 Motion for Writ of Habeas Corpus ad testificandum; granting 638 Motion for Writ of Habeas Corpus ad testificandum; granting 639 Motion for Writ of Habeas Corpus ad testificandum Signed by District Judge William H. Barbour, Jr on 3/9/18 (Lewis, Nijah) (Entered: 03/09/2018)
642 Writ of Habeas Corpus ad Testificandum Issued as to David Grogan, MDOC No. 174048, for Monday, March 12, 2018 and Tuesday, March 13, 2018. (PKM) (Entered: 03/09/2018)
643 Writ of Habeas Corpus ad Testificandum Issued as to Jimmy Brewer, K6559, for Monday, March 12, 2018 and Tuesday, March 13, 2018. (PKM) (Entered: 03/09/2018)
644 Writ of Habeas Corpus ad Testificandum Issued as to Henry Moore, MDOC No. 119380, for Monday, March 12, 2018 and Tuesday, March 13, 2018. (PKM) (Entered: 03/09/2018)
645 **ERROR** Disregard this entry. Writ of Habeas Corpus ad Prosequendum Issued for Monday, March 12, 2018 and Tuesday, March 13, 2018. (PKM) Modified on 3/9/2018 (PKM). (Entered: 03/09/2018)
646 Writ of Habeas Corpus ad Testificandum Issued as to Joseph Osborne, M2916, for Monday, March 12, 2018 and Tuesday, March 13, 2018. (PKM) (Entered: 03/09/2018)
DOCKET ANNOTATION as to 645 : Incorrect event chosen. Correct event has been chosen and re−docketed as document 646 . (PKM) (Entered: 03/09/2018)
647 RESPONSE in Support re 635 MOTION for Reconsideration re Bench Trial − Held,, on March 7, 2018 filed by John Barrett, Michael Combs, Jeffrey Covington, Jermaine Dockery, Tavares Flaggs, Phillip Fredenburg, Derrick Hayes, Derrick Lane, Alvin Luckett, Henry Moore, Joseph Osborne, Eddie Pugh, James Vann (Owens, Jody) (Entered: 03/09/2018)

Case: 3:13-cv-00326-WHB-JCG As of: 03/28/2019 03:52 PM CDT 117 of 136

03/09/2018 03/09/2018 03/09/2018
03/09/2018 03/09/2018 03/09/2018 03/12/2018 03/12/2018 03/12/2018 03/12/2018 03/12/2018 03/12/2018 03/12/2018 03/12/2018

648 MOTION for Writ of Habeas Corpus ad testificandum by John Barrett, Michael Combs, Jeffrey Covington, Jermaine Dockery, Tavares Flaggs, Phillip Fredenburg, Derrick Hayes, Derrick Lane, Henry Moore, Joseph Osborne, Eddie Pugh, James Vann (Owens, Jody) (Entered: 03/09/2018)
649 MOTION for Writ of Habeas Corpus ad testificandum by John Barrett, Michael Combs, Jeffrey Covington, Jermaine Dockery, Tavares Flaggs, Phillip Fredenburg, Derrick Hayes, Derrick Lane, Alvin Luckett, Henry Moore, Joseph Osborne, Eddie Pugh, James Vann (Owens, Jody) (Entered: 03/09/2018)
Minute Entry for proceedings held before District Judge William H. Barbour, Jr: Bench Trial held on 3/9/2018. Appearances: Appearances: For the Defendants: Molly Walker, Michael Bentley, Will Manual, Nick Morisani, Tommy Siler; For the Plaintiffs: Ellisa Johnson, Jody Owens, Carl Takei, Sarah Bidinger, Chelsea Caveny, Rekha Arulanatham, Eric Balaban, Gretchen Hoff Varner. Testimony heard and evidence entered. Trial will resume on Monday, March 12, 2018. Court Reporter/Transcriber Gina Morris, Telephone Number : 601−608−4187. (Lewis, Nijah) (Entered: 03/09/2018)
650 ORDER granting 648 Motion for Writ of Habeas Corpus ad testificandum; granting 649 Motion for Writ of Habeas Corpus ad testificandum. Signed by District Judge William H. Barbour, Jr on 3/9/2018 (Lewis, Nijah) (Entered: 03/09/2018)
651 Writ of Habeas Corpus ad Testificandum Issued as to Jermaine Dockery for March 14, 2018 through March 16, 2018 at 9:00a.m. (MGB) (Entered: 03/09/2018)
652 Writ of Habeas Corpus ad Testificandum Issued as to Phillip Fredenburg for March 14, 2018 through March 16, 2018at 9:00a.m. (MGB) (Entered: 03/09/2018)
653 MOTION for Writ of Habeas Corpus ad testificandum of Barry Melton by John Barrett, Michael Combs, Jeffrey Covington, Jermaine Dockery, Tavares Flaggs, Phillip Fredenburg, Derrick Hayes, Derrick Lane, Alvin Luckett, Henry Moore, Joseph Osborne, Eddie Pugh, James Vann (Owens, Jody) (Entered: 03/12/2018)
654 MOTION for Writ of Habeas Corpus ad testificandum of Bobby Mitchell by John Barrett, Michael Combs, Jeffrey Covington, Jermaine Dockery, Tavares Flaggs, Phillip Fredenburg, Derrick Hayes, Derrick Lane, Alvin Luckett, Henry Moore, Joseph Osborne, Eddie Pugh, James Vann (Owens, Jody) (Entered: 03/12/2018)
655 MOTION for Writ of Habeas Corpus ad testificandum of Merlin Hill by John Barrett, Michael Combs, Jeffrey Covington, Jermaine Dockery, Tavares Flaggs, Phillip Fredenburg, Derrick Hayes, Derrick Lane, Alvin Luckett, Henry Moore, Joseph Osborne, Eddie Pugh, James Vann (Owens, Jody) (Entered: 03/12/2018)
656 MOTION for Writ of Habeas Corpus ad testificandum of John Hale by John Barrett, Michael Combs, Jeffrey Covington, Jermaine Dockery, Tavares Flaggs, Phillip Fredenburg, Derrick Hayes, Derrick Lane, Alvin Luckett, Henry Moore, Joseph Osborne, Eddie Pugh, James Vann (Owens, Jody) (Entered: 03/12/2018)
657 MOTION for Writ of Habeas Corpus ad testificandum of James Bosarge by John Barrett, Michael Combs, Jeffrey Covington, Jermaine Dockery, Tavares Flaggs, Phillip Fredenburg, Derrick Hayes, Derrick Lane, Alvin Luckett, Henry Moore, Joseph Osborne, Eddie Pugh, James Vann (Owens, Jody) (Entered: 03/12/2018)
658 MOTION for Writ of Habeas Corpus ad testificandum of Jason Holloway by John Barrett, Michael Combs, Jeffrey Covington, Jermaine Dockery, Tavares Flaggs, Phillip Fredenburg, Derrick Hayes, Derrick Lane, Alvin Luckett, Henry Moore, Joseph Osborne, Eddie Pugh, James Vann (Owens, Jody) (Entered: 03/12/2018)
659 ORDER denying 635 Motion for Reconsideration. Signed by District Judge William H. Barbour, Jr on 3/12/18 (Lewis, Nijah) (Entered: 03/12/2018)
Minute Entry for proceedings held before District Judge William H. Barbour, Jr: Bench Trial held on 3/12/2018. Appearances: For the Defendants: Molly Walker, Michael Bentley, Will Manual, Nick Morisani, Tommy Siler; For the Plaintiffs: Elizabeth Alexander, Jody Owens, Chelsea Caveny, Elissa Johnson, Anna Han, Rekha Arulanatham, Ben Salk, Ravi Doshi. Evidence entered and testimony heard. Trial will resume at 9:00 am on Tuesday, March 13, 2018 at 9:00 am. Court

Case: 3:13-cv-00326-WHB-JCG As of: 03/28/2019 03:52 PM CDT 118 of 136

03/12/2018 03/12/2018 03/12/2018 03/12/2018 03/12/2018 03/13/2018 03/13/2018 03/13/2018 03/13/2018 03/13/2018 03/13/2018 03/13/2018
03/14/2018 03/14/2018 03/14/2018
03/14/2018

Reporter/Transcriber Cherie Bond, Telephone Number : 601−608−4186. (Lewis, Nijah) (Entered: 03/12/2018)
660 ORDER granting 654 Motion for Writ of Habeas Corpus ad testificandum; granting 655 Motion for Writ of Habeas Corpus ad testificandum Signed by District Judge William H. Barbour, Jr on 3/12/18 (Lewis, Nijah) (Entered: 03/12/2018)
661 ORDER granting 658 Motion for Writ of Habeas Corpus ad testificandum (Jason Holloway) Signed by District Judge William H. Barbour, Jr on 3/12/18 (Lewis, Nijah) (Entered: 03/12/2018)
662 ORDER granting 657 Motion for Writ of Habeas Corpus ad testificandum (James Bosarge) Signed by District Judge William H. Barbour, Jr on 3/12/18 (Lewis, Nijah) (Entered: 03/12/2018)
663 ORDER granting 653 Motion for Writ of Habeas Corpus ad testificandum (Barry Melton). Signed by District Judge William H. Barbour, Jr on 3/12/18 (Lewis, Nijah) (Entered: 03/12/2018)
664 ORDER granting 656 Motion for Writ of Habeas Corpus ad testificandum (John Hale). Signed by District Judge William H. Barbour, Jr on 3/12/18 (Lewis, Nijah) (Entered: 03/12/2018)
665 Writ of Habeas Corpus ad Testificandum Issued as to Jason Holloway for March 15, 2018 through March 16, 2018 at 9:00a.m. (MGB) (Entered: 03/13/2018)
666 Writ of Habeas Corpus ad Testificandum Issued as to James Bosarge for March 16, 2018 at 9:00a.m. (MGB) (Entered: 03/13/2018)
667 Writ of Habeas Corpus ad Testificandum Issued as to John Hale for March 14, 2018 and March 16, 2018 at 9:00a.m. (MGB) (Entered: 03/13/2018)
668 Writ of Habeas Corpus ad Testificandum Issued as to Barry Melton for March 14, 2018 and March 15, 2018 at 9:00a.m. (MGB) (Entered: 03/13/2018)
669 Writ of Habeas Corpus ad Testificandum Issued as to Merlin Hill for March 14, 2018 and March 15, 2018 at 9:00a.m. (MGB) (Entered: 03/13/2018)
670 Writ of Habeas Corpus ad Testificandum Issued as to Bobby Mitchell for March 14, 2018 and March 15, 2018 at 9:00a.m. (MGB) (Entered: 03/13/2018)
Minute Entry for proceedings held before District Judge William H. Barbour, Jr: Bench Trial held on 3/13/2018. Appearances: For the Defendants: Molly Walker, Michael Bentley, Will Manual, Nick Morisani, Tommy Siler, Howard David Clark, III; For the Plaintiffs: Anna Han, Erin Monju, Benjamin Salk, Ellisa Johnson, Jody Owens, Rekha Arulanatham, Carl Takei, Chelsea Caveny, Elizabeth Alexander. Testimony heard and evidence presented. The Court recessed to Wednesday, March 14, 2018 at 9:00 am. Court Reporter/Transcriber Gina Morris, Telephone Number : 601−608−4187. (Lewis, Nijah) (Entered: 03/13/2018)
671 Subpoena Returned Executed as to Tony Donald. (Owens, Jody) (Entered: 03/14/2018)
672 Subpoena Returned Executed as to Warden Frank Shaw. (Owens, Jody) (Entered: 03/14/2018)
673 MOTION for Leave to Examine Expert Witnesses Regarding New Documents Disclosed by Defendant on the Eve of Trial by John Barrett, Michael Combs, Jeffrey Covington, Jermaine Dockery, Tavares Flaggs, Phillip Fredenburg, Derrick Hayes, Derrick Lane, Alvin Luckett, Henry Moore, Joseph Osborne, Eddie Pugh, James Vann (Takei − PHV, Carl) (Entered: 03/14/2018)
Minute Entry for proceedings held before District Judge William H. Barbour, Jr: Bench Trial held on 3/14/2018. Appearances: For the Defendants: Molly Walker, Michael Bentley, Will Manual, Nick Morisani, Tommy Siler, Howard David Clark, III; For the Plaintiffs: Anna Han, Rekha Arulanatham, Ravi Doshi, Carl Takei, Jody Owens, Ellisa Johnson, Sarah Bidinger, Chelsea Caveny. Testimony heard and evidence presented. The Court recessed to Thursday, March 15, 2018 at 9:00 am. Court Reporter/Transcriber Cherie Bond, Telephone Number : 601−608−4186.

Case: 3:13-cv-00326-WHB-JCG As of: 03/28/2019 03:52 PM CDT 119 of 136

03/15/2018
03/15/2018 03/15/2018 03/15/2018 03/15/2018 03/16/2018 03/16/2018 03/16/2018 03/16/2018
03/16/2018 03/16/2018 03/16/2018 03/16/2018 03/16/2018

(Lewis, Nijah) (Entered: 03/14/2018)
Minute Entry for proceedings held before District Judge William H. Barbour, Jr: Bench Trial held on 3/15/2018. Appearances: For the Defendants: Molly Walker, Michael Bentley, Will Manual, Nick Morisani, Tommy Siler; For the Plaintiffs: Anna Han, Benjamin Salk, Eric Balaban, Ravi Doshi, Jody Owens, Ellisa Johnson, Sarah Bidinger, Chelsea Caveny. Testimony heard and evidence presented. The Court recessed to Friday, March 16, 2018 at 9:00 am. Court Reporter/Transcriber Cherie Bond, Telephone Number : 601−608−4186. (Lewis, Nijah) (Entered: 03/15/2018)
674 MOTION for Writ of Habeas Corpus ad testificandum of Alvin Luckett by John Barrett, Michael Combs, Jeffrey Covington, Jermaine Dockery, Tavares Flaggs, Phillip Fredenburg, Derrick Hayes, Derrick Lane, Alvin Luckett, Henry Moore, Joseph Osborne, Eddie Pugh, James Vann (Owens, Jody) (Entered: 03/15/2018)
675 MOTION for Writ of Habeas Corpus ad testificandum of Derrick Lane by John Barrett, Michael Combs, Jeffrey Covington, Jermaine Dockery, Tavares Flaggs, Phillip Fredenburg, Derrick Hayes, Derrick Lane, Alvin Luckett, Henry Moore, Joseph Osborne, Eddie Pugh, James Vann (Owens, Jody) (Entered: 03/15/2018)
676 ORDER granting 674 Motion for Writ of Habeas Corpus ad testificandum (Alvin Luckett). Signed by District Judge William H. Barbour, Jr on 3/15/18 (Lewis, Nijah) (Entered: 03/15/2018)
677 ORDER granting 675 Motion for Writ of Habeas Corpus ad testificandum (Derrick Lane). Signed by District Judge William H. Barbour, Jr on 3/15/18 (Lewis, Nijah) (Entered: 03/15/2018)
678 Writ of Habeas Corpus ad Testificandum Issued as to Derrick Lane for March 19, 2018 and March 20, 2018 at 9:00 a.m. (MGB) (Entered: 03/16/2018)
679 Writ of Habeas Corpus ad Testificandum Issued as to Alvin Luckettt for March 19,2018 and March 20, 2018 at 9:00a.m. (MGB) (Entered: 03/16/2018)
680 MOTION for Writ of Habeas Corpus ad testificandum of Kunta Gates by John Barrett, Michael Combs, Jeffrey Covington, Jermaine Dockery, Tavares Flaggs, Phillip Fredenburg, Derrick Hayes, Derrick Lane, Alvin Luckett, Henry Moore, Joseph Osborne, Eddie Pugh, James Vann (Owens, Jody) (Entered: 03/16/2018)
681 MOTION for Writ of Habeas Corpus ad testificandum of Gary Long by John Barrett, Dexter Campbell, Michael Combs, Jeffrey Covington, Jermaine Dockery, Tavares Flaggs, Phillip Fredenburg, Derrick Hayes, Derrick Lane, Alvin Luckett, Henry Moore, Joseph Osborne, Eddie Pugh, James Vann (Owens, Jody) (Entered: 03/16/2018)
682 MOTION for Writ of Habeas Corpus ad testificandum of Stacy Hickman−Estes by John Barrett, Michael Combs, Jeffrey Covington, Jermaine Dockery, Tavares Flaggs, Phillip Fredenburg, Derrick Hayes, Derrick Lane, Henry Moore, Joseph Osborne, Eddie Pugh, James Vann (Owens, Jody) (Entered: 03/16/2018)
683 MOTION for Writ of Habeas Corpus ad testificandum of Jason Holloway by John Barrett, Michael Combs, Jeffrey Covington, Jermaine Dockery, Tavares Flaggs, Phillip Fredenburg, Derrick Hayes, Derrick Lane, Alvin Luckett, Henry Moore, Joseph Osborne, Eddie Pugh, James Vann (Owens, Jody) (Entered: 03/16/2018)
684 MOTION for Writ of Habeas Corpus ad testificandum of Timmy Thomas by John Barrett, Michael Combs, Jeffrey Covington, Jermaine Dockery, Tavares Flaggs, Phillip Fredenburg, Derrick Hayes, Derrick Lane, Alvin Luckett, Henry Moore, Joseph Osborne, Eddie Pugh, James Vann (Owens, Jody) (Entered: 03/16/2018)
685 MOTION for Writ of Habeas Corpus ad testificandum of Dexter Campbell by Michael Combs, Jeffrey Covington, Jermaine Dockery, Tavares Flaggs, Phillip Fredenburg, Derrick Hayes, Derrick Lane, Alvin Luckett, Henry Moore, Joseph Osborne, Eddie Pugh, James Vann (Owens, Jody) (Entered: 03/16/2018)
686 ORDER granting 685 Motion for Writ of Habeas Corpus ad testificandum (Dexter Campbell). Signed by District Judge William H. Barbour, Jr on 3/16/2018 (Lewis, Nijah) (Entered: 03/16/2018)

Case: 3:13-cv-00326-WHB-JCG As of: 03/28/2019 03:52 PM CDT 120 of 136

03/16/2018 03/16/2018 03/16/2018 03/16/2018 03/16/2018 03/16/2018 03/16/2018 03/16/2018 03/16/2018 03/16/2018 03/19/2018
03/19/2018
03/19/2018 03/19/2018 03/19/2018

687 ORDER granting 683 Motion for Writ of Habeas Corpus ad testificandum; granting 684 Motion for Writ of Habeas Corpus ad testificandum. (Jason Holloway and Timmy Thomas). Signed by District Judge William H. Barbour, Jr on 3/16/18 (Lewis, Nijah) (Entered: 03/16/2018)
688 ORDER granting 680 Motion for Writ of Habeas Corpus ad testificandum (Kunta Gates) Signed by District Judge William H. Barbour, Jr on 3/16/18 (Lewis, Nijah) (Entered: 03/16/2018)
689 ORDER granting 681 Motion for Writ of Habeas Corpus ad testificandum; granting 682 Motion for Writ of Habeas Corpus ad testificandum (Gary Long and Stacy Hickman−Estes). Signed by District Judge William H. Barbour, Jr on 3/16/18 (Lewis, Nijah) (Entered: 03/16/2018)
Minute Entry for proceedings held before District Judge William H. Barbour, Jr: Bench Trial held on 3/16/2018. Testimony heard and evidence presented. Trial will resume on Monday, March 19, 2018 at 9:00 am Court Reporter/Transcriber Gina Morris, Telephone Number : 601−608−4187. (Lewis, Nijah) (Entered: 03/16/2018)
690 Writ of Habeas Corpus ad Testificandum Issued as to Stacy Hickman−Estes for March 20, 2018 and March 21, 2018 at 9:00 a.m.. (MGB) (Entered: 03/16/2018)
691 Writ of Habeas Corpus ad Testificandum Issued as to Dexter Campbell for March 22, 2018 at 9:00a.m. (MGB) (Entered: 03/16/2018)
692 Writ of Habeas Corpus ad Testificandum Issued as to Kunta Gates for March 19,2018 and March 20, 2018 at 9:00a.m. (MGB) (Entered: 03/16/2018)
693 Writ of Habeas Corpus ad Testificandum Issued as to Gary Long for March 20, 2018 and March 21, 2018 at 9:00 a.m.. (MGB) (Entered: 03/16/2018)
694 Writ of Habeas Corpus ad Testificandum Issued as to Jason Holloway for March 21, 2018 and March 22, 2018 at 9:00a.m. (MGB) (Entered: 03/16/2018)
695 Writ of Habeas Corpus ad Testificandum Issued as to Timmy Thomas for March 21, 2018 and March 22, 2018 at 9:00a.m. (MGB) (Entered: 03/16/2018)
696 Response in Opposition re 673 MOTION for Leave to Examine Expert Witnesses Regarding New Documents Disclosed by Defendant on the Eve of Trial by John Barrett, Michael Combs, Jeffrey Covington, Jermaine Dockery, Tavares Flaggs, Phillip Fredenburg, Derrick Hayes, Derrick Lane, Alvin Luckett, Henry Moore, Joseph Osborne, Eddie Pugh, James Vann (Takei − PHV, Carl) filed by Marshall L. Fisher, Archie Longley, Richard D. McCarty, Gloria Perry (Bentley, Michael) (Entered: 03/19/2018)
697 RESPONSE in Support re 673 MOTION for Leave to Examine Expert Witnesses Regarding New Documents Disclosed by Defendant on the Eve of Trial filed by John Barrett, Jeffrey Covington, Jermaine Dockery, Phillip Fredenburg, Derrick Hayes, Alvin Luckett, Joseph Osborne, James Vann (Takei − PHV, Carl) (Entered: 03/19/2018)
698 MOTION for Writ of Habeas Corpus ad testificandum of Eddie Pugh by John Barrett, Michael Combs, Jeffrey Covington, Jermaine Dockery, Tavares Flaggs, Phillip Fredenburg, Derrick Hayes, Derrick Lane, Alvin Luckett, Henry Moore, Joseph Osborne, Eddie Pugh, James Vann (Owens, Jody) (Entered: 03/19/2018)
699 AMENDED MOTION for Writ of Habeas Corpus ad testificandum Of Eddie Pugh by John Barrett, Michael Combs, Jeffrey Covington, Jermaine Dockery, Tavares Flaggs, Phillip Fredenburg, Derrick Hayes, Derrick Lane, Alvin Luckett, Henry Moore, Joseph Osborne, Eddie Pugh, James Vann (Owens, Jody) (Entered: 03/19/2018)
Minute Entry for proceedings held before District Judge William H. Barbour, Jr: Bench Trial held on 3/19/2018. Appearances: For the Defendants: Molly Walker, Michael Bentley, Will Manual, Nick Morisani, Tommy Siler; For the Plaintiffs: Anna Han, Eric Balaban, Ravi Doshi, Jody Owens, Ellisa Johnson, Carl Takei, Rekha Arulanatham, Erin Monju. Testimony heard and evidence presented. The Court recessed to Tuesday, March 20, 2018 at 9:00 am. Court Reporter/Transcriber Cherie Bond, Telephone Number : 601−608−4186 and Brenda Wolverton (601) 608−4188. (Lewis, Nijah) (Entered: 03/19/2018)

Case: 3:13-cv-00326-WHB-JCG As of: 03/28/2019 03:52 PM CDT 121 of 136

03/19/2018 03/20/2018 03/20/2018 03/20/2018 03/20/2018 03/20/2018
03/20/2018 03/21/2018
03/22/2018 03/22/2018 03/22/2018 03/22/2018 03/22/2018 03/22/2018

700 MOTION for Writ of Habeas Corpus ad testificandum of John Barrett by John Barrett, Michael Combs, Jeffrey Covington, Jermaine Dockery, Tavares Flaggs, Phillip Fredenburg, Derrick Hayes, Derrick Lane, Alvin Luckett, Henry Moore, Joseph Osborne, Eddie Pugh, James Vann (Owens, Jody) (Entered: 03/19/2018)
701 ORDER granting 700 Motion for Writ of Habeas Corpus ad testificandum (John Barrett). Signed by District Judge William H. Barbour, Jr on 3/20/18 (Lewis, Nijah) (Entered: 03/20/2018)
702 ORDER granting 698 Motion for Writ of Habeas Corpus ad testificandum; granting 699 Motion for Writ of Habeas Corpus ad testificandum (Eddie Pugh) Signed by District Judge William H. Barbour, Jr on 3/20/18 (Lewis, Nijah) (Entered: 03/20/2018)
703 Writ of Habeas Corpus ad Testificandum Issued as to John Barrett for Wednesday, March 21, 2018 through Friday, March 23, 2018, at 9:00a.m. each day. (MGB) (Entered: 03/20/2018)
704 Writ of Habeas Corpus ad Testificandum Issued as to Eddie Pugh for March 21, 2018 through Friday March 23, 2018 at 9:00 a.m. each day.. (MGB) (Entered: 03/20/2018)
Minute Entry for proceedings held before District Judge William H. Barbour, Jr: Bench Trial held on 3/20/2018. Appearances: For the Defendants: Molly Walker, Michael Bentley, Will Manual, Nick Morisani, Tommy Siler; For the Plaintiffs: Benjamin Salk, Anna Han, Sarah Bidinger, Ravi Doshi, Jody Owens, Ellisa Johnson, Carl Takei. Testimony heard and evidence presented. The Court recessed to Wednesday, March 21, 2018 at 9:00 am. Court Reporter/Transcriber Brenda Wolverton, Telephone Number : 601−608−4188. (Lewis, Nijah) (Entered: 03/20/2018)
705 MOTION for Leave to File Redacted Exhibits by John Barrett, Michael Combs, Jeffrey Covington, Jermaine Dockery, Tavares Flaggs, Phillip Fredenburg, Derrick Hayes, Derrick Lane, Alvin Luckett, Henry Moore, Joseph Osborne, Eddie Pugh, James Vann (Han − PHV, Anna) (Entered: 03/20/2018)
Minute Entry for proceedings held before District Judge William H. Barbour, Jr: Bench Trial held on 3/21/2018. Appearances: For the Defendants: Molly Walker, Michael Bentley, Will Manual, Nick Morisani, Tommy Siler; For the Plaintiffs: Erin Monju, Ellisa Johnson, Ravi Doshi,, Anna Han, Jody Owens, Rekha Arulanatham, Benjamin Salk, Chelsea Caveny. The Court recessed to Thursday, March 22, 2018 at 9:00 am. Court Reporter/Transcriber Cherie Bond, Telephone Number : 601−608−4186. (Lewis, Nijah) (Entered: 03/21/2018)
706 MOTION for Writ of Habeas Corpus ad testificandum of Jermaine Dockery by John Barrett, Michael Combs, Jeffrey Covington, Jermaine Dockery, Tavares Flaggs, Phillip Fredenburg, Derrick Hayes, Derrick Lane, Alvin Luckett, Henry Moore, Joseph Osborne, Eddie Pugh, James Vann (Owens, Jody) (Entered: 03/22/2018)
707 MOTION for Writ of Habeas Corpus ad testificandum of Joseph Osborne by John Barrett, Michael Combs, Jeffrey Covington, Jermaine Dockery, Tavares Flaggs, Phillip Fredenburg, Derrick Hayes, Derrick Lane, Alvin Luckett, Henry Moore, Joseph Osborne, Eddie Pugh, James Vann (Owens, Jody) (Entered: 03/22/2018)
708 MOTION for Writ of Habeas Corpus ad testificandum of Derrick Lane by John Barrett, Michael Combs, Jeffrey Covington, Jermaine Dockery, Tavares Flaggs, Phillip Fredenburg, Derrick Hayes, Derrick Lane, Alvin Luckett, Henry Moore, Joseph Osborne, Eddie Pugh, James Vann (Owens, Jody) (Entered: 03/22/2018)
709 MOTION for Writ of Habeas Corpus ad testificandum of Phillip Fredenburg by John Barrett, Michael Combs, Jeffrey Covington, Jermaine Dockery, Tavares Flaggs, Phillip Fredenburg, Derrick Hayes, Derrick Lane, Alvin Luckett, Henry Moore, Joseph Osborne, Eddie Pugh, James Vann (Owens, Jody) (Entered: 03/22/2018)
710 MOTION for Writ of Habeas Corpus ad testificandum of John Barrett by John Barrett, Michael Combs, Jeffrey Covington, Jermaine Dockery, Tavares Flaggs, Phillip Fredenburg, Derrick Hayes, Derrick Lane, Alvin Luckett, Henry Moore, Joseph Osborne, Eddie Pugh, James Vann (Owens, Jody) (Entered: 03/22/2018)
711 MOTION for Writ of Habeas Corpus ad testificandum of Alvin Luckett by John Barrett, Michael Combs, Jeffrey Covington, Jermaine Dockery, Tavares Flaggs,

Case: 3:13-cv-00326-WHB-JCG As of: 03/28/2019 03:52 PM CDT 122 of 136

03/22/2018 03/22/2018 03/22/2018 03/22/2018
03/22/2018 03/22/2018 03/22/2018 03/22/2018 03/22/2018 03/23/2018 03/23/2018 03/23/2018 03/23/2018 03/23/2018 03/23/2018
03/26/2018 03/27/2018

Phillip Fredenburg, Derrick Hayes, Derrick Lane, Alvin Luckett, Henry Moore, Joseph Osborne, Eddie Pugh, James Vann (Owens, Jody) (Entered: 03/22/2018)
712 ORDER granting 711 Motion for Writ of Habeas Corpus ad testificandum (Alvin Luckett). Signed by District Judge William H. Barbour, Jr on 3/22/18 (Lewis, Nijah) (Entered: 03/22/2018)
713 ORDER granting 708 Motion for Writ of Habeas Corpus ad testificandum Signed by District Judge William H. Barbour, Jr on 3/22/18 (Lewis, Nijah) (Entered: 03/22/2018)
714 ORDER granting 706 Motion for Writ of Habeas Corpus ad testificandum Signed by District Judge William H. Barbour, Jr on 3/22/18 (Lewis, Nijah) (Entered: 03/22/2018)
Minute Entry for proceedings held before District Judge William H. Barbour, Jr: Bench Trial held on 3/22/2018. Appearances: For the Defendants: Molly Walker, Michael Bentley, Will Manual, Nick Morisani, Tommy Siler; For the Plaintiffs: Ellisa Johnson, Ravi Doshi, Jody Owens, Sarah Bidinger, Benjamin Salk, Chelsea Caveny, Eric Balaban. Evidence entered and testimony heard. The Court recessed to Friday, March 23, 2018 at 9:00 am. Court Reporter/Transcriber Cherie Bond, Telephone Number : 601−608−4186. (Lewis, Nijah) (Entered: 03/22/2018)
715 DISREGARD THIS ORDER − SEE DOCKET ANNOTATION BELOW AND SEE DOCKET NO. 716. (Lewis, Nijah) Modified on 3/22/2018 (Lewis, Nijah). (Entered: 03/22/2018)
DOCKET ANNOTATION as to #715 : WHEN DOCKETING ORDER 715 − WRONG MOTION WAS SELECTED − SEE DOCKET NO. 716. MOTION NO. 705 HAS NOT BEEN RULED ON. (Lewis, Nijah) (Entered: 03/22/2018)
716 ORDER granting 710 Motion for Writ of Habeas Corpus ad testificandum (John Barrett) Signed by District Judge William H. Barbour, Jr on 3/22/18 (Lewis, Nijah) (Entered: 03/22/2018)
717 ORDER granting 707 Motion for Writ of Habeas Corpus ad testificandum (JOSEPH OSBORNE) Signed by District Judge William H. Barbour, Jr on 3/22/18 (Lewis, Nijah) (Entered: 03/22/2018)
718 ORDER granting 709 Motion for Writ of Habeas Corpus ad testificandum (PHILLIP FREDENBURG). Signed by District Judge William H. Barbour, Jr on 3/22/18 (Lewis, Nijah) (Entered: 03/22/2018)
719 Writ of Habeas Corpus ad Testificandum Issued as to John Barrett, 27578 for Wednesday, March 28, 2018 at 9:00 a.m. (PKM) (Entered: 03/23/2018)
720 Writ of Habeas Corpus ad Testificandum Issued as to Phillip Fredenburg, 141387 for Tuesday, March 27, 2018 at 9:00 a.m. (PKM) (Entered: 03/23/2018)
721 Writ of Habeas Corpus ad Testificandum Issued as to Derrick Lane, N4605 for Tuesday, March 27, 2018 and Thursday, March 29, 2018 at 9:00 a.m. (PKM) (Entered: 03/23/2018)
722 Writ of Habeas Corpus ad Testificandum Issued as to Alvin Luckett, MDOC #44018 for Wednesday, March 28, 2018 at 9:00 a.m. (PKM) (Entered: 03/23/2018)
723 Writ of Habeas Corpus ad Testificandum Issued as to Joseph Osborne, M2916 for Thursday, March 29, 2018 at 9:00 a.m. (PKM) (Entered: 03/23/2018)
724 NOTICE of Expert Scheduling Conflict by John Barrett, Michael Combs, Jeffrey Covington, Jermaine Dockery, Tavares Flaggs, Phillip Fredenburg, Derrick Hayes, Derrick Lane, Alvin Luckett, Henry Moore, Joseph Osborne, Eddie Pugh, James Vann (Attachments: # 1 Exhibit A Letter to Judge Barbour)(Johnson, Elissa) (Entered: 03/23/2018)
725 NOTICE OF INTENT TO SERVE SUBPOENA Duces Tecum on Lauderdale County Sheriff's Department by Richard D. McCarty, Gloria Perry (Attachments: # 1 Exhibit A. Subpoena Duces Tecum)(Morisani, Nicholas) (Entered: 03/26/2018)
Minute Entry for proceedings held before District Judge William H. Barbour, Jr: Bench Trial held on 3/27/2018. Evidence entered and testimony was heard. Trial will

Case: 3:13-cv-00326-WHB-JCG As of: 03/28/2019 03:52 PM CDT 123 of 136

03/28/2018 03/28/2018 03/28/2018 03/28/2018 03/28/2018 03/28/2018 03/28/2018 03/28/2018 03/28/2018 03/28/2018 03/28/2018 03/28/2018 03/29/2018 03/29/2018 03/29/2018 03/29/2018

resume on 3/28/2018 at 10:00 am Court Reporter/Transcriber Cherie Bond, Telephone Number : 601−608−4186. (Lewis, Nijah) (Entered: 03/28/2018)
726 MOTION for Writ of Habeas Corpus ad testificandum of Jermaine Dockery by John Barrett, Michael Combs, Jeffrey Covington, Jermaine Dockery, Tavares Flaggs, Phillip Fredenburg, Derrick Hayes, Derrick Lane, Alvin Luckett, Henry Moore, Joseph Osborne, Eddie Pugh, James Vann (Owens, Jody) (Entered: 03/28/2018)
727 MOTION for Writ of Habeas Corpus ad testificandum of Joseph Osborne by John Barrett, Michael Combs, Jeffrey Covington, Jermaine Dockery, Tavares Flaggs, Phillip Fredenburg, Derrick Hayes, Derrick Lane, Alvin Luckett, Henry Moore, Joseph Osborne, Eddie Pugh, James Vann (Owens, Jody) (Entered: 03/28/2018)
728 MOTION for Writ of Habeas Corpus ad testificandum of John Barrett by John Barrett, Michael Combs, Jeffrey Covington, Jermaine Dockery, Tavares Flaggs, Phillip Fredenburg, Derrick Hayes, Derrick Lane, Alvin Luckett, Henry Moore, Joseph Osborne, Eddie Pugh, James Vann (Owens, Jody) (Entered: 03/28/2018)
729 MOTION for Writ of Habeas Corpus ad testificandum of Henry Moore by John Barrett, Michael Combs, Jeffrey Covington, Jermaine Dockery, Tavares Flaggs, Phillip Fredenburg, Derrick Hayes, Derrick Lane, Alvin Luckett, Henry Moore, Joseph Osborne, Eddie Pugh, James Vann (Owens, Jody) (Entered: 03/28/2018)
730 MOTION for Writ of Habeas Corpus ad testificandum of Eddie Pugh by John Barrett, Michael Combs, Jeffrey Covington, Jermaine Dockery, Tavares Flaggs, Phillip Fredenburg, Derrick Hayes, Derrick Lane, Alvin Luckett, Henry Moore, Joseph Osborne, Eddie Pugh, James Vann (Owens, Jody) (Entered: 03/28/2018)
731 ORDER granting 727 Motion for Writ of Habeas Corpus ad testificandum (Joseph Osborne). Signed by District Judge William H. Barbour, Jr on 03/28/18 (Lewis, Nijah) (Entered: 03/28/2018)
732 ORDER granting 729 Motion for Writ of Habeas Corpus ad testificandum (Henry Moore) Signed by District Judge William H. Barbour, Jr on 3/28/18 (Lewis, Nijah) (Entered: 03/28/2018)
733 ORDER granting 730 Motion for Writ of Habeas Corpus ad testificandum (Eddie Pugh). Signed by District Judge William H. Barbour, Jr on 3/28/18 (Lewis, Nijah) (Entered: 03/28/2018)
734 ORDER granting 728 Motion for Writ of Habeas Corpus ad testificandum (John Barrett) Signed by District Judge William H. Barbour, Jr on 3/28/18 (Lewis, Nijah) (Entered: 03/28/2018)
735 ORDER granting 726 Motion for Writ of Habeas Corpus ad testificandum (Jermaine Dockery) Signed by District Judge William H. Barbour, Jr on 3/28/18 (Lewis, Nijah) (Entered: 03/28/2018)
Minute Entry for proceedings held before District Judge William H. Barbour, Jr: Bench Trial held on 3/28/2018. Testimony heard and evidence presented. The trial will resume on Monday, April 2, 2018 at 9:00 am Court Reporter/Transcriber Brenda Wolverton, Telephone Number : 601−608−4188. (Lewis, Nijah) (Entered: 03/28/2018)
736 Subpoena Returned Executed as to Lauderdale County Sheriff's Department. (Morisani, Nicholas) (Entered: 03/28/2018)
737 Writ of Habeas Corpus ad Testificandum Issued as to Eddie Pugh for April 4, 2018 and April 6, 2018 at 9:00a.m. (MGB) (Entered: 03/29/2018)
738 Writ of Habeas Corpus ad Testificandum Issued as to John Barrett, MDOC #27578, for Tuesday, April 3, 2018 and Friday, April 6, 2018 at 9:00 a.m. (PKM) (Entered: 03/29/2018)
739 Writ of Habeas Corpus ad Testificandum Issued as to Joseph Osborne, M2916, for Monday, April 2, 2018 and Thursday, April 5, 2018 at 9:00 a.m. (PKM) (Entered: 03/29/2018)
740 Writ of Habeas Corpus ad Testificandum Issued as to Henry Moore, MDOC #119380, for Tuesday, April 3, 2018 and Thursday, April 5, 2018 at 9:00 a.m. (PKM) (Entered:

Case: 3:13-cv-00326-WHB-JCG As of: 03/28/2019 03:52 PM CDT 124 of 136

03/29/2018 03/29/2018 03/29/2018 04/02/2018
04/02/2018 04/03/2018 04/03/2018 04/03/2018
04/04/2018 04/04/2018 04/05/2018

03/29/2018)
741 Writ of Habeas Corpus ad Testificandum Issued as to Jermaine Dockery, MDOC #K2538, for Monday, April 2, 2018 and Wednesday, April 4, 2018 at 9:00 a.m. (PKM) (Entered: 03/29/2018)
742 MOTION to Re−Open Discovery to Compel Defendants to Permit Expert Inspection of Unit 7 and Produce Relevant Documents; or in the Alternative, to Bar Defendants From Presenting Evidence Regarding Housing Unit 7 at East Mississippi Correctional Facility by John Barrett, Jeffrey Covington, Jermaine Dockery, Phillip Fredenburg, Derrick Hayes, Alvin Luckett, Joseph Osborne, James Vann (Balaban − PHV, Eric) (Entered: 03/29/2018)
743 MEMORANDUM in Support re 742 MOTION to Re−Open Discovery to Compel Defendants to Permit Expert Inspection of Unit 7 and Produce Relevant Documents; or in the Alternative, to Bar Defendants From Presenting Evidence Regarding Housing Unit 7 at East Mississippi Correctional Facility filed by John Barrett, Jeffrey Covington, Jermaine Dockery, Phillip Fredenburg, Derrick Hayes, Alvin Luckett, Joseph Osborne, James Vann (Balaban − PHV, Eric) (Entered: 03/29/2018)
744 Response in Opposition re 742 MOTION to Re−Open Discovery to Compel Defendants to Permit Expert Inspection of Unit 7 and Produce Relevant Documents; or in the Alternative, to Bar Defendants From Presenting Evidence Regarding Housing Unit 7 at East Mississippi Correctional Facility by John Barrett, Jeffrey Covington, Jermaine Dockery, Phillip Fredenburg, Derrick Hayes, Alvin Luckett, Joseph Osborne, James Vann (Balaban − PHV, Eric) filed by Marshall L. Fisher, Archie Longley, Richard D. McCarty, Gloria Perry (Bentley, Michael) (Entered: 04/02/2018)
Minute Entry for proceedings held before District Judge William H. Barbour, Jr: Bench Trial held on 4/2/2018. Evidence entered and testimony was heard. The trial will resume on April 3, 3018 at 9:00 am. Court Reporter/Transcriber Gina Morris, Telephone Number : 601−608−4187. (Lewis, Nijah) (Entered: 04/03/2018)
745 ORDER granting 568 Motion of Defendants to tour the EMCF and is granted to the extent the requested tour was taken. Signed by District Judge William H. Barbour, Jr on 4/3/18 (Lewis, Nijah) (Entered: 04/03/2018)
Minute Entry for proceedings held before District Judge William H. Barbour, Jr: Bench Trial held on 4/3/2018. Evidence entered and testimony was heard. Trial will resume 4/4/2018 at 9:00 am. Court Reporter/Transcriber Cherie Bond, Telephone Number : 601−608−4186. (Lewis, Nijah) (Entered: 04/03/2018)
746 ORDER granting 705 Motion for Leave to File. Exhibit 7 ("V. Thomas Emails") to Plaintiffs' Motion to Compel [Docket No. 476] shall remain sealed. Plaintiffs are instructed to file a redacted version of this Exhibit on or before April 13, 2018. The redacted exhibit should be filed as an attachment to [Docket No. 476], and shall be specifically identified as "Exhibit 7 V. Thomas Emails". Exhibit 42 ("April 2015 Monitor Email to STG Investigator" and Exhibit 71 ("October 2015 Monitor Email to MDOC−MTC") to Plaintiffs' Response in Opposition to Motion for Partial Summary Judgment [Docket No. 549] shall remain sealed. Plaintiffs are instructed to file redacted versions of these Exhibits on or before April 13, 2018. The redacted exhibits should be filed as attachments to [Docket No. 549], and shall be specifically identified as "Exhibit 42 April 2015 Monitor Email to STG Investigator" and "Exhibit 71 October 2015 Monitor Email to MDOC−MTC". Signed by District Judge William H. Barbour, Jr on 4/3/18 (Lewis, Nijah) (Entered: 04/03/2018)
Minute Entry for proceedings held before District Judge William H. Barbour, Jr: Bench Trial held on 4/4/2018. Evidence entered and testimony was heard. Trial will resume on Thursday, April 5, 2018 at 9:00 am Court Reporter/Transcriber Gina Morris, Telephone Number : 601−608−4187. (Lewis, Nijah) (Entered: 04/04/2018)
747 MOTION in Limine to Exclude Rebuttal Experts by Marshall L. Fisher, Archie Longley, Richard D. McCarty, Gloria Perry (Bentley, Michael) (Entered: 04/04/2018)
748 RESPONSE in Opposition re 747 MOTION in Limine to Exclude Rebuttal Experts filed by John Barrett, Michael Combs, Jeffrey Covington, Jermaine Dockery, Tavares Flaggs, Phillip Fredenburg, Derrick Hayes, Derrick Lane, Alvin Luckett, Henry

Case: 3:13-cv-00326-WHB-JCG As of: 03/28/2019 03:52 PM CDT 125 of 136

04/05/2018 04/05/2018 04/05/2018 04/05/2018 04/05/2018
04/06/2018
04/06/2018 04/06/2018 04/06/2018 04/06/2018 04/09/2018 04/09/2018 04/09/2018
04/09/2018 04/09/2018 04/13/2018

Moore, Joseph Osborne, Eddie Pugh, James Vann (Salk − PHV, Benjamin) (Entered: 04/05/2018)
749 MOTION for Writ of Habeas Corpus ad testificandum of Eddie Pugh by John Barrett, Michael Combs, Jeffrey Covington, Jermaine Dockery, Tavares Flaggs, Phillip Fredenburg, Derrick Hayes, Derrick Lane, Alvin Luckett, Henry Moore, Joseph Osborne, Eddie Pugh, James Vann (Owens, Jody) (Entered: 04/05/2018)
750 MOTION for Writ of Habeas Corpus ad testificandum of Jermaine Dockery by John Barrett, Michael Combs, Jeffrey Covington, Jermaine Dockery, Tavares Flaggs, Phillip Fredenburg, Derrick Hayes, Derrick Lane, Alvin Luckett, Henry Moore, Joseph Osborne, Eddie Pugh, James Vann (Owens, Jody) (Entered: 04/05/2018)
751 MOTION for Writ of Habeas Corpus ad testificandum of Derrick Lane by John Barrett, Michael Combs, Jeffrey Covington, Jermaine Dockery, Tavares Flaggs, Phillip Fredenburg, Derrick Hayes, Derrick Lane, Alvin Luckett, Henry Moore, Joseph Osborne, Eddie Pugh, James Vann (Owens, Jody) (Entered: 04/05/2018)
752 MOTION for Writ of Habeas Corpus ad testificandum of John Barrett by John Barrett, Michael Combs, Jeffrey Covington, Jermaine Dockery, Tavares Flaggs, Phillip Fredenburg, Derrick Hayes, Derrick Lane, Alvin Luckett, Henry Moore, Joseph Osborne, Eddie Pugh, James Vann (Owens, Jody) (Entered: 04/05/2018)
Minute Entry for proceedings held before District Judge William H. Barbour, Jr: Bench Trial held on 4/5/2018. Evidence presented and testimony was heard. Both sides rested. Closings are to begin on Monday, 4−9−2018 at 9:30 am. Court Reporter/Transcriber Brenda Wolverton, Telephone Number : 601−608−4188. (Lewis, Nijah) Modified on 4/6/2018 (Lewis, Nijah). (Entered: 04/06/2018)
753 ORDER granting 749 Motion for Writ of Habeas Corpus ad testificandum; granting 750 Motion for Writ of Habeas Corpus ad testificandum; granting 751 Motion for Writ of Habeas Corpus ad testificandum; granting 752 Motion for Writ of Habeas Corpus ad testificandum Signed by District Judge William H. Barbour, Jr on 4−6−18 (Lewis, Nijah) (Entered: 04/06/2018)
754 Writ of Habeas Corpus ad Testificandum Issued as to John Barrett, MDOC No. 27578, for April 9, 2018, at 9:00 a.m. (PKM) (Entered: 04/06/2018)
755 Writ of Habeas Corpus ad Testificandum Issued as to Jermaine Dockery, MDOC No. K2538, for April 9, 2018, at 9:00 a.m. (PKM) (Entered: 04/06/2018)
756 Writ of Habeas Corpus ad Testificandum Issued as to Eddie Pugh, MDOC No. 162730, for April 9, 2018, at 9:00 a.m. (PKM) (Entered: 04/06/2018)
757 Writ of Habeas Corpus ad Testificandum Issued as to Derrick Lane, MDOC NO. N4605, for April 9, 2018, at 9:00 a.m. (PKM) (Entered: 04/06/2018)
Minute Entry for proceedings held before District Judge William H. Barbour, Jr: Bench Trial completed on 4/9/2018. The parties are instructed to submit cases to the Court on or before Friday, April 13, 2018. Court Reporter/Transcriber Cherie Bond, Telephone Number : 601−608−4186. (Lewis, Nijah) (Entered: 04/09/2018)
758 ATTACHMENT (Exhibit 7 (redacted copy) − V. Thomas Emails) re 476 MOTION to Compel Supplemental Production of Documents by John Barrett, Jeffrey Covington, Jermaine Dockery, Phillip Fredenburg, Derrick Hayes, Alvin Luckett, Joseph Osborne, James Vann (PKM) (Entered: 04/09/2018)
759 ATTACHMENT (Exhibit 42 − (redacted copy) April 2015 Monitor Email to STG Investigator re 549 Response in Opposition to Motion by John Barrett, Jeffrey Covington, Jermaine Dockery, Phillip Fredenburg, Derrick Hayes, Alvin Luckett, Joseph Osborne, James Vann (Attachments: # 1 Exhibit 71 − (redacted copy) October 2015 Monitor Email to MDOC−MTC)(PKM) (Entered: 04/09/2018)
813 Plaintiffs' Witness List to 3/5/2018 trial.(Lewis, Nijah) (Entered: 12/26/2018)
814 MDOC's Witness List to 3/5/2018 trial. (Lewis, Nijah) (Entered: 12/26/2018)
760 NOTICE OF FILING CASES SUPPORTING PLAINTIFFS' CLOSING ARGUMENT by John Barrett, Jeffrey Covington, Jermaine Dockery, Phillip Fredenburg, Derrick

Case: 3:13-cv-00326-WHB-JCG As of: 03/28/2019 03:52 PM CDT 126 of 136

04/26/2018 04/26/2018 04/30/2018 05/01/2018 05/01/2018 07/26/2018 07/27/2018 08/02/2018 08/03/2018 08/24/2018
08/31/2018

Hayes, Alvin Luckett, Joseph Osborne, James Vann (Balaban − PHV, Eric) (Entered: 04/13/2018)
761 ORDER denying 673 Motion ; denying 742 Motion ; granting 747 Motion in Limine. Signed by District Judge William H. Barbour, Jr on 4/26/18 (Lewis, Nijah) (Entered: 04/26/2018)
762 ORDER. The Court will presently overrule all of the objections made with respect to the subject deposition testimony. The Court, however, will only consider that deposition testimony that comports with the Federal Rules of Evidence. Signed by District Judge William H. Barbour, Jr on 4/26/18 (Lewis, Nijah) (Entered: 04/26/2018)
763 MOTION to Withdraw as Attorney Sarah Bidinger by John Barrett, Michael Combs, Jeffrey Covington, Jermaine Dockery, Tavares Flaggs, Phillip Fredenburg, Derrick Hayes, Derrick Lane, Alvin Luckett, Henry Moore, Joseph Osborne, Eddie Pugh, James Vann (Bidinger, Sarah) (Entered: 04/30/2018)
764 MOTION to Withdraw as Attorney Margaret Winter by John Barrett, Michael Combs, Jeffrey Covington, Jermaine Dockery, Tavares Flaggs, Phillip Fredenburg, Derrick Hayes, Derrick Lane, Alvin Luckett, Henry Moore, Joseph Osborne, Eddie Pugh, James Vann (Eber − PHV, Gabriel) (Entered: 05/01/2018)
TEXT ONLY ORDER granting 763 Motion to Withdraw as Plaintiffs' Counsel and 764 Motion to Withdraw as Plaintiffs' Counsel. Margaret Winter and Sarah Bidinger are granted leave to withdraw as Plaintiffs' counsel and terminated on the docket. NO FURTHER WRITTEN ORDER WILL ISSUE. Signed by Magistrate Judge John C. Gargiulo on 5/1/2018 (HM) (Entered: 05/01/2018)
765 MOTION to Withdraw as Attorney Chelsea Caveny by John Barrett, Michael Combs, Jeffrey Covington, Jermaine Dockery, Tavares Flaggs, Phillip Fredenburg, Derrick Hayes, Derrick Lane, Alvin Luckett, Henry Moore, Joseph Osborne, Eddie Pugh, James Vann (Caveny, Chelsea) (Entered: 07/26/2018)
TEXT ONLY ORDER granting 765 Motion to Withdraw as Plaintiffs' Counsel. Chelsea Caveny is granted leave to withdraw as Plaintiffs' counsel and is terminated on the docket. NO FURTHER WRITTEN ORDER WILL ISSUE. Signed by Magistrate Judge John C. Gargiulo on 7/26/2018 (AG) (Entered: 07/27/2018)
766 MOTION to Withdraw as Attorney Ravi Doshi by John Barrett, Jeffrey Covington, Jermaine Dockery, Tavares Flaggs, Phillip Fredenburg, Derrick Hayes, Derrick Lane, Alvin Luckett, Henry Moore, Joseph Osborne, Eddie Pugh, James Vann (Doshi − PHV, Ravi) (Entered: 08/02/2018)
TEXT ONLY ORDER granting 766 Motion to Withdraw as Plaintiffs' Counsel. Ravi Doshi is granted leave to withdraw as Plaintiffs' counsel and is terminated on the docket. NO FURTHER WRITTEN ORDER WILL ISSUE. Signed by Magistrate Judge John C. Gargiulo on 8/3/2018 (AG) (Entered: 08/03/2018)
767 OPINION AND ORDER. The proceedings in this case shall be stayed pending the receipt of supplemental expert reports. Beginning on September 1, 2018, the parties' experts in the areas of physical health care, mental health care, and prison staffing, will be permitted to inspect/assess the conditions presently existing in those specific areas at EMCF, and proffer supplemental reports detailing the effects, if any, of the changes made at EMCF to date with respect to those particular areas. The supplemental reports of Plaintiffs' experts shall be filed on or before November 16, 2018. The supplemental reports of Defendants' experts shall be filed on or before December 14, 2018. A bench hearing relevant to the information contained in the supplemental reports will be scheduled, if necessary, during the January of 2019 term of Court. Signed by District Judge William H. Barbour, Jr on 8/24/18 (Lewis, Nijah) (Entered: 08/24/2018)
768 NOTICE of Calendar Setting: The Court hereby gives notice of a settlement conference to discuss the possible disposition of this case by agreement of the parties. The parties are directed to join Judge William H. Barbour, Jr. and Magistrate Judge John Gargiulo in Judge Barbour's courtroom in The Thad Cochran Federal Courthouse, 501 E. Court Street, Jackson, Mississippi, Courtroom 4B, on Thursday, September 20, 2018 at 10:30 am. (Lewis, Nijah) (Entered: 08/31/2018)

Case: 3:13-cv-00326-WHB-JCG As of: 03/28/2019 03:52 PM CDT 127 of 136

08/31/2018 09/05/2018 09/05/2018 09/06/2018 09/14/2018 09/19/2018 09/19/2018 09/19/2018 09/19/2018 09/20/2018
09/20/2018

Set/Reset Hearings: Settlement Conference set for 9/20/2018 10:30 AM in Courtroom 4B (Jackson) Barbour before District Judge William H. Barbour Jr. (Lewis, Nijah) (Entered: 08/31/2018)
769 MOTION to Withdraw as Attorney Rekha Elaine Arulanantham by John Barrett, Dexter Campbell, Tafforest Chandler, Jeffrey Covington, Jermaine Dockery, Anthony Evans, Phillip Fredenburg, Courtney Galloway, Derrick Hayes, Christopher Lindsey, Alvin Luckett, Benjamin McAbee, Joseph Osborne, David Thompson, James Vann, Eric Ward (Eber − PHV, Gabriel) (Entered: 09/05/2018)
770 MOTION to Withdraw as Attorney Carl Takei by John Barrett, Dexter Campbell, Tafforest Chandler, Jeffrey Covington, Jermaine Dockery, Anthony Evans, Phillip Fredenburg, Courtney Galloway, Derrick Hayes, Christopher Lindsey, Alvin Luckett, Benjamin McAbee, Joseph Osborne, David Thompson, James Vann, Eric Ward (Eber − PHV, Gabriel) (Entered: 09/05/2018)
TEXT ONLY ORDER granting 769 Motion to Withdraw as Plaintiffs' Counsel and 770 Motion to Withdraw as Plaintiffs' Counsel. Rekha Elaine Arulanantham and Carl Takei are granted leave to withdraw as Plaintiffs' counsel and are terminated on the docket. NO FURTHER WRITTEN ORDER WILL ISSUE. Signed by Magistrate Judge John C. Gargiulo on 9/6/2018 (AG) (Entered: 09/06/2018)
771 NOTICE of Service of Plaintiffs' Supplemental Request for Production by John Barrett, Dexter Campbell, Tafforest Chandler, Jeffrey Covington, Jermaine Dockery, Anthony Evans, Phillip Fredenburg, Courtney Galloway, Derrick Hayes, Christopher Lindsey, Alvin Luckett, Benjamin McAbee, Joseph Osborne, David Thompson, James Vann, Eric Ward (Balaban − PHV, Eric) (Entered: 09/14/2018)
772 NOTICE of Plaintiffs' Request for Entry Upon Land for Inspection and Other Purposes by Eldon Vail by John Barrett, Michael Combs, Jeffrey Covington, Jermaine Dockery, Tavares Flaggs, Phillip Fredenburg, Derrick Hayes, Derrick Lane, Alvin Luckett, Henry Moore, Joseph Osborne, Eddie Pugh, James Vann (Johnson, Elissa) (Entered: 09/19/2018)
773 NOTICE of Plaintiffs' Request for Entry Upon Land for Inspection and Other Purposes by Madeleine LaMarre by John Barrett, Michael Combs, Jeffrey Covington, Jermaine Dockery, Tavares Flaggs, Phillip Fredenburg, Derrick Hayes, Derrick Lane, Alvin Luckett, Henry Moore, Joseph Osborne, Eddie Pugh, James Vann (Johnson, Elissa) (Entered: 09/19/2018)
774 NOTICE of Plaintiffs' Request for Entry Upon Land for Inspection and Other Purposes by Bruce Gage, M.D. by John Barrett, Michael Combs, Jeffrey Covington, Jermaine Dockery, Tavares Flaggs, Phillip Fredenburg, Derrick Hayes, Derrick Lane, Alvin Luckett, Henry Moore, Joseph Osborne, Eddie Pugh, James Vann (Johnson, Elissa) (Entered: 09/19/2018)
775 NOTICE of Plaintiffs' Request for Entry Upon Land for Inspection and Other Purposes by Marc Stern by John Barrett, Michael Combs, Jeffrey Covington, Jermaine Dockery, Tavares Flaggs, Phillip Fredenburg, Derrick Hayes, Derrick Lane, Alvin Luckett, Henry Moore, Joseph Osborne, Eddie Pugh, James Vann (Johnson, Elissa) (Entered: 09/19/2018)
776 MOTION to Compel Production of Documents by John Barrett, Michael Combs, Jeffrey Covington, Jermaine Dockery, Tavares Flaggs, Phillip Fredenburg, Derrick Hayes, Derrick Lane, Alvin Luckett, Henry Moore, Joseph Osborne, Eddie Pugh, James Vann (Attachments: # 1 Exhibit Plaintiffs' Requests for Production and cover letter from Elissa Johnson (9.14.18), # 2 Exhibit Letter from Michael Bentley to Elissa Johnson (9.3.18), # 3 Exhibit Letter from Elissa Johnson to Michael Bentley (9.7.18), # 4 Exhibit Letter from Nicholas F. Morisani to Elissa Johnson (9.14.18), # 5 Exhibit Good Faith Certificate received from Nick Morisani (9.19.18))(Johnson, Elissa) (Entered: 09/20/2018)
777 MEMORANDUM IN SUPPORT re 776 MOTION to Compel Production of Documents filed by John Barrett, Michael Combs, Jeffrey Covington, Jermaine Dockery, Tavares Flaggs, Phillip Fredenburg, Derrick Hayes, Derrick Lane, Alvin Luckett, Henry Moore, Joseph Osborne, Eddie Pugh, James Vann (Johnson, Elissa) (Entered: 09/20/2018)

Case: 3:13-cv-00326-WHB-JCG As of: 03/28/2019 03:52 PM CDT 128 of 136

09/20/2018 09/24/2018 09/24/2018
09/24/2018 09/24/2018 09/28/2018 09/28/2018 10/03/2018
10/05/2018

Minute Entry for proceedings held before Magistrate Judge John C. Gargiulo: Settlement Conference held on 9/20/2018. The parties made significant progress towards settlement and negotiations are ongoing. The parties are complying with the District Judge's order in good faith, and have narrowed the outstanding claims to three critical areas/claims and have also agreed to limited discovery in furtherance thereof. (AB) (Entered: 09/24/2018)
TEXT ONLY ORDER denying without prejudice 776 Plaintiffs' Emergency Motion to Compel Production of Documents. The parties have reached an agreement regarding discovery, with the Plaintiffs having agreed to hold their motion in abeyance. By agreement of the parties, the Defense will respond to the agreed−upon document request on or before October 5, 2018. NO FURTHER WRITTEN ORDER WILL ISSUE. Signed by Magistrate Judge John C. Gargiulo on 9/24/2018 (AG) (Entered: 09/24/2018)
NOTICE of Hearing: Settlement Conference set for 12/10/2018 at 10:00 AM in Courtroom 6B (Jackson) before Magistrate Judge John C. Gargiulo. Counsel are instructed to submit to Judge Gargiulo, seven (7) days prior to the conference, a memorandum (3 page maximum in PDF format) setting forth a brief explanation of the case, and a candid appraisal of their respective positions, including possible settlement figures. This document is NOT to be exchanged and will be viewed only by the Court. The settlement memoranda should be sent to Judge Gargiulo via e−mail (gargiulo_chambers@mssd.uscourts.gov). LOCAL COUNSEL, LEAD COUNSEL AND PARTIES WITH FULL SETTLEMENT AUTHORITY MUST BE PHYSICALLY PRESENT AT THE CONFERENCE (INCLUDING INSURANCE CARRIERS WHO HAVE AUTHORITY). FAILURE TO APPEAR MAY RESULT IN SANCTIONS. (AB) (Entered: 09/24/2018)
NOTICE of Hearing: TELEPHONIC Status Conference regarding (1) redaction of contract monitoring documents, (2) monthly and weekly reports, (3) MDOC statistical reports set for 10/3/2018 at 10:30 AM before Magistrate Judge John C. Gargiulo. Counsel for Plaintiff will place the call to Judge Gargiulo's Chambers with all necessary counsel on the line. (AB) (Entered: 09/24/2018)
TEXT ONLY ORDER. In furtherance of settlement negotiations, on or before November 30, 2018, Plaintiffs shall submit a proposed consent decree, limited to the agreed three critical areas, to Defense counsel. NO FURTHER WRITTEN ORDER WILL ISSUE. Signed by Magistrate Judge John C. Gargiulo on 9/24/2018 (AG) (Entered: 09/24/2018)
778 NOTICE Amended Notice of Plaintiffs' Request for Entry Upon Land for Inspection and Other Purposes by Eldon Vail by John Barrett, Michael Combs, Jeffrey Covington, Jermaine Dockery, Tavares Flaggs, Phillip Fredenburg, Derrick Hayes, Derrick Lane, Alvin Luckett, Henry Moore, Joseph Osborne, Eddie Pugh, James Vann (Johnson, Elissa) (Entered: 09/28/2018)
779 NOTICE Amended Notice of Plaintiffs' Request for Entry Upon Land for Inspection and Other Purposes by Madeleine LaMarre by John Barrett, Michael Combs, Jeffrey Covington, Jermaine Dockery, Tavares Flaggs, Phillip Fredenburg, Derrick Hayes, Derrick Lane, Alvin Luckett, Henry Moore, Joseph Osborne, Eddie Pugh, James Vann (Johnson, Elissa) (Entered: 09/28/2018)
Minute Entry for proceedings held before Magistrate Judge John C. Gargiulo: TELEPHONIC Status Conference held on 10/3/2018. PARTICIPANTS: Jody E. Owens, II, Erin K. Monju PHV, Benjamin R. Salk PHV, Elissa F. Johnson, Elizabeth Alexander PHV and Stephanie Wylie (counsel for Plaintiffs); Michael J. Bentley, Nicholas F. Morisani, Krissy Casey Nobile and Molly Mitchell Walker (counsel for Defendants). The parties continue to haggle over the parameters of informal settlement discovery, all the while steadfastly representing to the Court that they are proceeding in good faith. Of note, the parties cannot come to an agreement over a definition of "staffing." The Defense has not decided whether it will produce redacted or unredacted documents by the parties' informal, yet agreed upon deadline. (AB) (Entered: 10/03/2018)
780 Response in Opposition re 775 NOTICE of Plaintiffs' Request for Entry Upon Land for Inspection and Other Purposes by Marc Stern by John Barrett, Michael Combs, Jeffrey Covington, Jermaine Dockery, Tavares Flaggs, Phillip Fredenburg, Derrick

Case: 3:13-cv-00326-WHB-JCG As of: 03/28/2019 03:52 PM CDT 129 of 136

10/05/2018 10/09/2018
10/09/2018 10/10/2018 10/10/2018 10/10/2018 10/10/2018

Hayes, Derrick Lane, Alvin Luckett, Henry Moore, Joseph Osborne, Eddie Pugh, James Vann (Johnson, Elissa), 779 NOTICE Amended Notice of Plaintiffs' Request for Entry Upon Land for Inspection and Other Purposes by Madeleine LaMarre by John Barrett, Michael Combs, Jeffrey Covington, Jermaine Dockery, Tavares Flaggs, Phillip Fredenburg, Derrick Hayes, Derrick Lane, Alvin Luckett, Henry Moore, Joseph Osborne, Eddie Pugh, James Vann (Johnson, Elissa), 774 NOTICE of Plaintiffs' Request for Entry Upon Land for Inspection and Other Purposes by Bruce Gage, M.D. by John Barrett, Michael Combs, Jeffrey Covington, Jermaine Dockery, Tavares Flaggs, Phillip Fredenburg, Derrick Hayes, Derrick Lane, Alvin Luckett, Henry Moore, Joseph Osborne, Eddie Pugh, James Vann (Johnson, Elissa), 778 NOTICE Amended Notice of Plaintiffs' Request for Entry Upon Land for Inspection and Other Purposes by Eldon Vail by John Barrett, Michael Combs, Jeffrey Covington, Jermaine Dockery, Tavares Flaggs, Phillip Fredenburg, Derrick Hayes, Derrick Lane, Alvin Luckett, Henry Moore, Joseph Osborne, Eddie Pugh, James Vann (Johnson, Elissa) filed by Marshall L. Fisher, Archie Longley, Richard D. McCarty, Gloria Perry (Bentley, Michael) (Entered: 10/05/2018)
781 NOTICE of Service of Post Trial Production of Documents in Futherance of Settlement Negotiations Disclosure by Marshall L. Fisher, Archie Longley, Richard D. McCarty, Gloria Perry (Morisani, Nicholas) (Entered: 10/05/2018)
782 Emergency MOTION to Compel Expert Tours and Access to Documentation During Expert Tours by John Barrett, Michael Combs, Jeffrey Covington, Jermaine Dockery, Tavares Flaggs, Phillip Fredenburg, Derrick Hayes, Derrick Lane, Alvin Luckett, Henry Moore, Joseph Osborne, Eddie Pugh, James Vann (Attachments: # 1 Exhibit 1 − Aug. 29, 2018 Letter from E. Johnson, # 2 Exhibit 2 − Sep. 3, 2018 Letter from M. Bentley, # 3 Exhibit 3 − Sep. 7, 2018 Letter from E. Johnson, # 4 Exhibit 4 − Sep. 11, 2018 Letter from E. Balaban, # 5 Exhibit 5 − Sep. 14, 2018 Letter from E. Johnson, # 6 Exhibit 6 − Sep. 14, 2018 Letter from N. Morisani, # 7 Exhibit 7 − Sep. 19, 2018 Letter from E. Johnson, # 8 Exhibit 8 − Sep. 21, 2018 Letter from E. Johnson, # 9 Exhibit 9 − Sep. 28, 2018 Letter from M. Walker, # 10 Exhibit 10 − Oct. 2, 2018 Letter from B. Salk, # 11 Exhibit 11 − Oct. 4, 2018 Email from M. Bentley, # 12 Exhibit 12 − Oct. 4, 2018 Email from B. Salk, # 13 Exhibit 13 − Oct. 5, 2018 Email from M. Bentley, # 14 Exhibit 14 − Oct. 5, 2018 Email from B. Salk, # 15 Exhibit 15 − Oct. 8, 2018 Emails between counsel, # 16 Exhibit 16 − Oct. 8, 2018 Email from M. Bentley)(Salk − PHV, Benjamin) (Entered: 10/09/2018)
783 MEMORANDUM in Support re 782 Emergency MOTION to Compel Expert Tours and Access to Documentation During Expert Tours filed by John Barrett, Michael Combs, Jeffrey Covington, Jermaine Dockery, Tavares Flaggs, Phillip Fredenburg, Derrick Hayes, Derrick Lane, Alvin Luckett, Henry Moore, Joseph Osborne, Eddie Pugh, James Vann (Salk − PHV, Benjamin) (Entered: 10/09/2018)
784 MOTION To Restrict Access to Certain Exhibits re 782 Emergency MOTION to Compel Expert Tours and Access to Documentation During Expert Tours by John Barrett, Michael Combs, Jeffrey Covington, Jermaine Dockery, Tavares Flaggs, Phillip Fredenburg, Derrick Hayes, Derrick Lane, Alvin Luckett, Henry Moore, Joseph Osborne, Eddie Pugh, James Vann (Salk − PHV, Benjamin) (Entered: 10/10/2018)
TEXT ONLY ORDER granting 784 Motion to Restrict Access to Certain Exhibits. Access to Exhibit 8 and Exhibit 9 to the Motion to Compel 782 will be restricted to the Court, the parties, and their counsel. NO FURTHER WRITTEN ORDER WILL ISSUE. Signed by Magistrate Judge John C. Gargiulo on 10/10/2018 (AG) (Entered: 10/10/2018)
Minute Entry for proceedings held before Magistrate Judge John C. Gargiulo: Telephonic Discovery Conference regarding Emergency Motion to Compel 782 held on 10/10/2018. PARTICIPANTS: Jody E. Owens, II, Benjamin R. Salk PHV, Elissa F. Johnson, and Stephanie Wylie (counsel for Plaintiffs); Michael J. Bentley, Nicholas F. Morisani, Krissy Casey Nobile and Molly Mitchell Walker (counsel for Defendants). The Court heard argument from counsel. Defense will file its response on or before 4:00 pm today, and a ruling will issue. (AB) (Entered: 10/10/2018)
785 RESPONSE to Motion re 782 Emergency MOTION to Compel Expert Tours and Access to Documentation During Expert Tours filed by Marshall L. Fisher, Archie Longley, Richard D. McCarty, Gloria Perry (Walker, Molly) (Entered: 10/10/2018)

Case: 3:13-cv-00326-WHB-JCG As of: 03/28/2019 03:52 PM CDT 130 of 136

10/10/2018 10/11/2018
10/12/2018
10/15/2018 10/16/2018 10/18/2018 10/18/2018 10/22/2018 10/24/2018 10/26/2018
10/30/2018 10/31/2018 11/01/2018
11/01/2018

786 ORDER granting 782 Motion to Compel. Signed by Magistrate Judge John C. Gargiulo on 10/10/2018 (AG) (Entered: 10/10/2018)
787 MOTION for Jennifer Wedekind to Appear Pro Hac Vice (Paid $100 PHV fee; receipt number 0538−3830277) by John Barrett, Michael Combs, Jeffrey Covington, Jermaine Dockery, Anthony Evans, Tavares Flaggs, Phillip Fredenburg, Derrick Hayes, Derrick Lane, Alvin Luckett, Henry Moore, Joseph Osborne, Eddie Pugh, James Vann (Attachments: # 1 Exhibit 1 Certificate of Good Standing)(Owens, Jody) (Entered: 10/11/2018)
TEXT ONLY ORDER granting 787 Motion to Appear Pro Hac Vice of Jennifer Wedekind. Jennifer Wedekind is admitted pro hac vice in this case on behalf of Plaintiffs John Barrett, Michael Combs, Jeffrey Covington, Jermaine Dockery, Anthony Evans, Tavares Flaggs, Phillip Fredenburg, Derrick Hayes, Derrick Lane, Alvin Luckett, Henry Moore, Joseph Osborne, Eddie Pugh and James Vann in association with local counsel and upon registration for electronic filing. NO FURTHER WRITTEN ORDER WILL ISSUE FROM THE COURT. Signed by Magistrate Judge John C. Gargiulo on 10/12/2018 (AB) (Entered: 10/12/2018)
788 Letter from Omar K. Humphrey (Attachments: # 1 Envelope) (PKM) (Entered: 10/15/2018)
789 MOTION for Review of Magistrate Judge Order re 786 Order on Motion to Compel by Marshall L. Fisher, Archie Longley, Richard D. McCarty, Gloria Perry (Attachments: # 1 Exhibit A−Settlement Discovery Letters, # 2 Exhibit B−Plaintiffs Demand Letters)(Bentley, Michael) (Entered: 10/16/2018)
790 ORDER Clarifying 786 Order Granting Plaintiffs' Emergency Motion to Compel Expert Tours and Access to Documentation During Expert Tours. Signed by Magistrate Judge John C. Gargiulo on 10/18/2018 (AG) (Entered: 10/18/2018)
TEXT ONLY ORDER dismissing as moot 789 Motion to Review of Magistrate Judge Order. See Order (Docket No. 790). NO FURTHER WRITTEN ORDER SHALL ISSUE. Signed by District Judge William H. Barbour, Jr on 10/18/18 (Lewis, Nijah) (Entered: 10/18/2018)
791 MOTION for Expert Discovery Relief by John Barrett, Michael Combs, Jeffrey Covington, Jermaine Dockery, Tavares Flaggs, Phillip Fredenburg, Derrick Hayes, Derrick Lane, Alvin Luckett, Henry Moore, Joseph Osborne, Eddie Pugh, James Vann (Salk − PHV, Benjamin) (Entered: 10/22/2018)
792 RESPONSE in Opposition re 791 MOTION for Expert Discovery Relief filed by Marshall L. Fisher, Gloria Perry (Attachments: # 1 Exhibit A − Correspondence from M. Bentley to Plaintiffs' counsel)(Morisani, Nicholas) (Entered: 10/24/2018)
793 REPLY to Response to Motion re 792 Response in Opposition to Motion, 791 MOTION for Expert Discovery Relief filed by John Barrett, Michael Combs, Jeffrey Covington, Jermaine Dockery, Tavares Flaggs, Phillip Fredenburg, Derrick Hayes, Derrick Lane, Alvin Luckett, Henry Moore, Joseph Osborne, Eddie Pugh, James Vann (Attachments: # 1 Exhibit 1 − Letter from E. Johnson (Oct. 24, 2018))(Salk − PHV, Benjamin) (Entered: 10/26/2018)
794 ORDER granting 791 Plaintiffs' Motion for Expert Discovery Relief. Signed by Magistrate Judge John C. Gargiulo on 10/30/18 (HM) (Entered: 10/30/2018)
795 Emergency MOTION for Extension of Time to Complete Discovery and to Fully Comply with the Court's 794 Order by Marshall L. Fisher, Richard D. McCarty, Gloria Perry (Morisani, Nicholas) (Entered: 10/31/2018)
TEXT ONLY ORDER requiring expedited briefing on Defendants' Emergency Motion for Additional Time 795 . Plaintiffs are required to respond to the Motion and inform the Court if it is opposed by 2:00 PM on November 1, 2018. NO FURTHER WRITTEN ORDER WILL ISSUE. Signed by Magistrate Judge John C. Gargiulo on 11/1/2018 (AG) (Entered: 11/01/2018)
796 RESPONSE to Motion re 795 Emergency MOTION for Extension of Time to Complete Discovery and to Fully Comply with the Court's 794 Order filed by John Barrett, Michael Combs, Jeffrey Covington, Jermaine Dockery, Tavares Flaggs,

Case: 3:13-cv-00326-WHB-JCG As of: 03/28/2019 03:52 PM CDT 131 of 136

11/01/2018 11/01/2018 11/02/2018 11/05/2018 11/06/2018
11/08/2018 11/16/2018 11/16/2018
11/16/2018 11/20/2018 11/23/2018 11/26/2018

Phillip Fredenburg, Derrick Hayes, Derrick Lane, Alvin Luckett, Henry Moore, Joseph Osborne, Eddie Pugh, James Vann (Attachments: # 1 Exhibit 1 − Emails between B. Salk and N. Morisani (Nov. 1, 2018), # 2 Exhibit 2 − Plaintiffs' Proposed Stipulation)(Salk − PHV, Benjamin) (Entered: 11/01/2018)
DOCKET ANNOTATION as to 796 : Proposed orders are not to be electronically filed as a separate pleading or as an attachment to a pleading, but instead are to be provided to chambers by e−mail (Court's Administrative Procedures for Electronic Case Filing Sec.5.B.). (KNS) (Entered: 11/01/2018)
TEXT ONLY ORDER granting Defendants' 795 Emergency Motion for Additional Time. The Defendants' deadline to fully comply with the Court's 794 Order is 5:00 PM on November 2, 2018. NO FURTHER WRITTEN ORDER WILL ISSUE. Signed by Magistrate Judge John C. Gargiulo on 11/1/2018 (AG) (Entered: 11/01/2018)
797 NOTICE of Service re: Order 794 , by Marshall L. Fisher, Richard D. McCarty, Gloria Perry (Morisani, Nicholas) Modified on 11/5/2018 (PKM). (Entered: 11/02/2018)
DOCKET ANNOTATION as to 797 : Clerk's office has modified entry to show a relationship to Order, document 794 . (PKM) (Entered: 11/05/2018)
798 Unopposed MOTION to Extend Production of Bruce Gage, M.D., Expert Report Deadline to November 30, 2018 by John Barrett, Dexter Campbell, Tafforest Chandler, Jeffrey Covington, Jermaine Dockery, Anthony Evans, Phillip Fredenburg, Courtney Galloway, Derrick Hayes, Christopher Lindsey, Alvin Luckett, Benjamin McAbee, Joseph Osborne, David Thompson, James Vann, Eric Ward (Balaban − PHV, Eric) (Entered: 11/06/2018)
TEXT ONLY ORDER granting 798 Motion to Extend Deadline. Supplemental report of Dr. Bruce Gage is due on or before 11/30/2018. NO FURTHER WRITTEN ORDER SHALL ISSUE. Signed by District Judge William H. Barbour, Jr on 11/8/18 (Lewis, Nijah) (Entered: 11/08/2018)
799 NOTICE of Filing of Supplemental Expert Report of Marc F. Stern, MD, MPH by John Barrett, Michael Combs, Jeffrey Covington, Jermaine Dockery, Tavares Flaggs, Phillip Fredenburg, Derrick Hayes, Derrick Lane, Alvin Luckett, Henry Moore, Joseph Osborne, Eddie Pugh, James Vann (Attachments: # 1 Exhibit Supplemental Expert Report of Marc F. Stern, MD, MPH)(Salk − PHV, Benjamin) (Entered: 11/16/2018)
800 NOTICE of Filing of Supplemental Expert Report of Madeleine L. LaMarre MN, FNP−BC by John Barrett, Michael Combs, Jeffrey Covington, Jermaine Dockery, Tavares Flaggs, Phillip Fredenburg, Derrick Hayes, Derrick Lane, Alvin Luckett, Henry Moore, Joseph Osborne, Eddie Pugh, James Vann (Attachments: # 1 Supplemental Expert Report of Madeleine L. LaMarre MN, FNP−BC)(Salk − PHV, Benjamin) (Entered: 11/16/2018)
801 NOTICE of Filing of Supplemental Expert Report of Eldon Vail by John Barrett, Michael Combs, Jeffrey Covington, Jermaine Dockery, Tavares Flaggs, Phillip Fredenburg, Derrick Hayes, Derrick Lane, Alvin Luckett, Henry Moore, Joseph Osborne, Eddie Pugh, James Vann (Attachments: # 1 Exhibit Supplemental Expert Report of Eldon Vail)(Salk − PHV, Benjamin) (Entered: 11/16/2018)
802 MOTION to Enforce Judgment by John Barrett, Dexter Campbell, Tafforest Chandler, Jeffrey Covington, Jermaine Dockery, Anthony Evans, Phillip Fredenburg, Courtney Galloway, Derrick Hayes, Christopher Lindsey, Alvin Luckett, Benjamin McAbee, Joseph Osborne, David Thompson, James Vann, Eric Ward (Attachments: # 1 Exhibit 1)(Balaban − PHV, Eric) (Entered: 11/20/2018)
803 RESPONSE in Opposition re 802 MOTION to Enforce Judgment filed by Marshall L. Fisher, Richard D. McCarty, Gloria Perry (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I, # 10 Exhibit J)(Morisani, Nicholas) (Entered: 11/23/2018)
DOCKET ANNOTATION as to 803 : L.U.Civ.R. 7(b)(2) requires that all supporting exhibits to a document be denominated by an exhibit letter or number and a meaningful description. Attorney is advised to follow this rule in future filings. (PKM) (Entered: 11/26/2018)

Case: 3:13-cv-00326-WHB-JCG As of: 03/28/2019 03:52 PM CDT 132 of 136

11/26/2018 11/27/2018 11/30/2018 12/04/2018
12/04/2018 12/05/2018 12/06/2018 12/06/2018 12/10/2018

804 REPLY to Response to Motion re 803 Response in Opposition to Motion, 802 MOTION to Enforce Judgment filed by John Barrett, Dexter Campbell, Tafforest Chandler, Jeffrey Covington, Jermaine Dockery, Anthony Evans, Phillip Fredenburg, Courtney Galloway, Derrick Hayes, Christopher Lindsey, Alvin Luckett, Benjamin McAbee, Joseph Osborne, David Thompson, James Vann, Eric Ward (Balaban − PHV, Eric) (Entered: 11/26/2018)
805 ORDER granting Plaintiffs' 802 Motion to Enforce Judgment. Signed by Magistrate Judge John C. Gargiulo on 11/27/2018 (AG) (Entered: 11/27/2018)
806 NOTICE of Filing Supplemental Expert Report by John Barrett, Dexter Campbell, Tafforest Chandler, Jeffrey Covington, Jermaine Dockery, Anthony Evans, Phillip Fredenburg, Courtney Galloway, Derrick Hayes, Christopher Lindsey, Alvin Luckett, Benjamin McAbee, Joseph Osborne, David Thompson, James Vann, Eric Ward (Attachments: # 1 Exhibit)(Balaban − PHV, Eric) (Entered: 11/30/2018)
807 Unopposed MOTION for Leave to File Corrected Expert Report by John Barrett, Dexter Campbell, Tafforest Chandler, Jeffrey Covington, Jermaine Dockery, Anthony Evans, Phillip Fredenburg, Courtney Galloway, Derrick Hayes, Christopher Lindsey, Alvin Luckett, Benjamin McAbee, Joseph Osborne, David Thompson, James Vann, Eric Ward (Attachments: # 1 Exhibit A − Edited Expert Report of Bruce Gage, # 2 Exhibit B − Final Expert Report of Bruce Gage)(Balaban − PHV, Eric) (Entered: 12/04/2018)
808 ORDER granting 807 Motion for Leave to File. The Corrected Expert Report of Bruce Gage, M.D. (ECF No. 807−2), which is appended as exhibit B to Plaintiffs' Motion, is hereby accepted as filed, and shall be considered by the Court and parties in lieu of the original expert report by Dr. Gage (ECF No. 806−1). Signed by District Judge William H. Barbour, Jr on 12/4/18 (Lewis, Nijah) (Entered: 12/04/2018)
809 MOTION for Ravi Doshi to Appear Pro Hac Vice (Paid $100 PHV fee; receipt number 0538−3869175) by John Barrett, Michael Combs, Jeffrey Covington, Jermaine Dockery, Anthony Evans, Tavares Flaggs, Phillip Fredenburg, Derrick Hayes, Derrick Lane, Alvin Luckett, Henry Moore, Joseph Osborne, Eddie Pugh, James Vann (Attachments: # 1 Exhibit 1 Certificate of Good Standing re R. Doshi)(Owens, Jody) (Entered: 12/05/2018)
Reset Hearing: The Settlement Conference is RESET (LOCATION CHANGE ONLY) for 12/10/2018 at 10:00 AM in Courtroom 6C (Jackson) before Magistrate Judge John C. Gargiulo. (AB) (Entered: 12/06/2018)
TEXT ONLY ORDER granting 809 Motion to Appear Pro Hac Vice of Ravi Doshi. Ravi Doshi is admitted pro hac vice in this case on behalf of Plaintiffs in association with local counsel and upon registration for electronic filing. NO FURTHER WRITTEN ORDER WILL ISSUE FROM THE COURT. Signed by Magistrate Judge John C. Gargiulo on 12/6/2018 (AB) (Entered: 12/06/2018)
Minute Entry for proceedings held before Magistrate Judge John C. Gargiulo: Settlement Conference held on 12/10/2018. PARTICIPANTS: Erin K. Monju − PHV, Gretchen Ann Hoff Varner − PHV, Jody E. Owens, II, Benjamin R. Salk − PHV, Elizabeth Alexander − PHV, Elissa F. Johnson, Eric Gordon Balaban − PHV, and Ravi Doshi − PHV (counsel for Plaintiffs); William T. Siler, Jr., Michael J. Bentley, Nicholas F. Morisani, Krissy Casey Nobile, and Molly Mitchell Walker (counsel for Defendants); Pelicia Hall, Leonard Vincent, Sarah Revell, Frank Shaw, Jerry Williams, April Meggs, and Steven Bonner (representatives for Defendants). After lengthy negotiations, the matter did not settle. The Court will schedule further expedited settlement conferences by separate entry. The Defense will draft a proposed consent decree and submit same to Plaintiffs for review and or comments. It is the expectation of the Court that the parties will work in good faith to negotiate toward settlement. The Court further expects that in the interest of judicial economy, the parties will conduct negotiations IN ADVANCE of the settlement conference. The parties were made aware that in the event any party feels that future settlement discussions or conferences will not be productive, or that settlement is unlikely or not possible, they are to notify the Court via its chambers email. (AB) Modified on 12/11/2018 to correct date Settlement Conference held (AB). (Entered: 12/11/2018)

Case: 3:13-cv-00326-WHB-JCG As of: 03/28/2019 03:52 PM CDT 133 of 136

12/11/2018 12/11/2018 12/12/2018 12/13/2018 12/13/2018 12/20/2018 12/21/2018 12/21/2018 01/03/2019
01/03/2019

TEXT ONLY ORDER directing the Defense, in furtherance of settlement negotiations, to submit a proposed consent decree to Plaintiffs' counsel on or before December 19, 2018. NO FURTHER WRITTEN ORDER WILL ISSUE FROM THE COURT. Signed by Magistrate Judge John C. Gargiulo on 12/11/2018 (AB) (Entered: 12/11/2018)
NOTICE of Hearing: Settlement Conference set for 1/4/2019 at 9:30 AM in Chambers 672 (Gulfport) before Magistrate Judge John C. Gargiulo. Any party that is required to attend the settlement conference and is seeking to be excused from same shall file a motion with the Court setting forth good cause for the request, along with two supporting affidavits. Any such motions are to be filed not less than 14 days prior to the scheduled settlement conference. (AB) (Entered: 12/11/2018)
810 Unopposed MOTION for Extension of Time to File Submit Supplemental Reports by Marshall L. Fisher, Archie Longley, Richard D. McCarty, Gloria Perry (Bentley, Michael) (Entered: 12/12/2018)
Reset Hearing: The Settlement Conference is RESET for 1/3/2019 at 9:30 AM in Chambers 672 (Gulfport) before Magistrate Judge John C. Gargiulo. (AB) (Entered: 12/13/2018)
TEXT ONLY ORDER granting 810 Motion for Extension of Time to File. The deadline for submission of MDOCs reports and declarations is extended up to and including December 21, 2018. NO FURTHER WRITTEN ORDER SHALL ISSUE. Signed by District Judge William H. Barbour, Jr on 12/13/18 (Lewis, Nijah) (Entered: 12/13/2018)
811 MOTION To Excuse Dr. Steven H. Bonner from Settlement Conference by Marshall L. Fisher, Gloria Perry (Bentley, Michael) (Entered: 12/20/2018)
TEXT ONLY ORDER granting 811 Motion to Excuse Dr. Steven H. Bonner from the January 3, 2019 Settlement Conference. Dr. Bonner may be excused; however, if the Court determines that his absence adversely affects the productiveness or efficiency of the conference, the Court may unilaterally terminate the conference and consider assessing costs. NO FURTHER WRITTEN ORDER WILL ISSUE. Signed by Magistrate Judge John C. Gargiulo on 12/21/2018 (AG) (Entered: 12/21/2018)
812 NOTICE of Supplemental Expert Reports by Marshall L. Fisher, Richard D. McCarty, Gloria Perry re 767 Order,,, (Attachments: # 1 Exhibit Declaration of Steven Bonner, # 2 Exhibit Tom Roth Supplemental Report, # 3 Exhibit Patrick Arnold Declaration, # 4 Exhibit Expert Report McGinnis)(Morisani, Nicholas) (Entered: 12/21/2018)
Minute Entry for proceedings held before Magistrate Judge John C. Gargiulo: Settlement Conference held on 1/3/2019. PARTICIPANTS: Erin K. Monju − PHV, Jody E. Owens, II, Benjamin R. Salk − PHV, Elissa F. Johnson, Eric Gordon Balaban − PHV, and Ravi Doshi − PHV (counsel for Plaintiffs); William T. Siler, Jr., Michael J. Bentley, Nicholas F. Morisani, Krissy Casey Nobile, Harold E. Pizzetta, III and Molly Mitchell Walker (counsel for Defendants); Pelicia Hall, Leonard Vincent, Sarah Revell, Frank Shaw, Jerry Williams and April Meggs (representatives for Defendants). After lengthy negotiations, the matter did not settle. The parties however, made significant progress, and continue to cooperate toward settlement. The parties will exchange their draft proposals prior to January 17th, in preparation for the scheduled informal conference to take place on that date. The parties were made aware that in the event any party feels that future settlement discussions or conferences will not be productive, or that settlement is unlikely or not possible, they are to notify the Court via its chambers email. A telephonic status conference and a formal settlement conference will be scheduled by separate entry. (AB) (Entered: 01/03/2019)
NOTICE of Hearing: Settlement Conference set for 1/24/2019 at 9:30 AM in Courtroom 683 (Gulfport) before Magistrate Judge John C. Gargiulo. It is the expectation of the Court, that all counsel and participants who were present during the January 3, 2019 conference, be present. Otherwise, any party that is required to attend the settlement conference and is seeking to be excused from same shall file a motion with the Court setting forth good cause for the request, along with two supporting affidavits. Any such motions are to be filed not less than 14 days prior to the scheduled settlement conference. (AB) (Entered: 01/03/2019)

Case: 3:13-cv-00326-WHB-JCG As of: 03/28/2019 03:52 PM CDT 134 of 136

01/03/2019 01/08/2019 01/17/2019
01/22/2019 01/23/2019 01/23/2019 01/23/2019 01/24/2019
01/28/2019 01/28/2019 01/29/2019

NOTICE of Hearing: TELEPHONIC Status Conference regarding status of settlement set for 1/17/2019 at 4:00 PM before Magistrate Judge John C. Gargiulo. Counsel for Plaintiff will place the call to Judge Gargiulo's Chambers with all necessary counsel on the line. (AB) (Entered: 01/03/2019)
815 MOTION to Strike 812 Notice (Other), Defendant's Declarations of Dr. Patrick Arnold and Dr. Steven Bonner by John Barrett, Michael Combs, Jeffrey Covington, Jermaine Dockery, Tavares Flaggs, Phillip Fredenburg, Derrick Hayes, Derrick Lane, Alvin Luckett, Henry Moore, Joseph Osborne, Eddie Pugh, James Vann (Salk − PHV, Benjamin) (Entered: 01/08/2019)
Minute Entry for proceedings held before Magistrate Judge John C. Gargiulo: TELEPHONIC Status Conference held on 1/17/2019. PARTICIPANTS: Benjamin R. Salk PHV, Elissa F. Johnson and Ravi Doshi PHV (counsel for Plaintiffs); William T. Siler, Jr., Michael J. Bentley, Nicholas F. Morisani, Krissy Casey Nobile and Molly Mitchell Walker (counsel for Defendants). The parties continue to negotiate and represent that they will continue to do so in preparation for the upcoming settlement conference. (AB) (Entered: 01/17/2019)
816 Response in Opposition 815 Motion to Strike re 812 NOTICE of Supplemental Expert Reports by Marshall L. Fisher, Richard D. McCarty, Gloria Perry re 767 Order,,, (Attachments: # 1 Exhibit Declaration of Steven Bonner, # 2 Exhibit Tom Roth Supplemental Report, # 3 Exhibit Patrick Arnold Declaration, # 4 Exhibit Expert Report McGinnis)(Morisani, Nicholas) filed by Gloria Perry (Walker, Molly) Modified on 1/23/2019 (PKM). (Entered: 01/22/2019)
DOCKET ANNOTATION as to 816 : Incorrect linkage made. Response to Motion should be linked to 115 Motion to Strike. All related filings to motions Responses and Replies" category, with the exception of "Response to Order" should be linked back to the original motion. Court staff has made the correction. (PKM) (Entered: 01/23/2019)
817 Emergency MOTION to be Excused from Attending Settlement Conference by Marshall L. Fisher, Richard D. McCarty, Gloria Perry (Morisani, Nicholas) (Entered: 01/23/2019)
TEXT ONLY ORDER granting 817 Emergency Motion to be Excused from Attending Settlement Conference. W. Thomas Siler, Jr. is excused from the January 24, 2019 settlement conference. NO FURTHER WRITTEN ORDER WILL ISSUE. Signed by Magistrate Judge John C. Gargiulo on 1/23/2019 (AG) (Entered: 01/23/2019)
Minute Entry for proceedings held before Magistrate Judge John C. Gargiulo: Settlement Conference held on 1/24/2019. PARTICIPANTS: Erin K. Monju − PHV, Jody E. Owens, II, Benjamin R. Salk − PHV, Elissa F. Johnson and Eric Gordon Balaban − PHV (counsel for Plaintiffs); Michael J. Bentley, Nicholas F. Morisani, Krissy Casey Nobile, Harold E. Pizzetta, III and Molly Mitchell Walker (counsel for Defendants); Pelicia Hall, Leonard Vincent, Frank Shaw, Jerry Williams and April Meggs (representatives for Defendants). After lengthy negotiations, the matter did not settle at conference. All parties represented to the Court that future settlement conferences would not be productive. The Court addressed its availability to continue negotiations and should the parties mutually desire a formal conference, they are to contact the Court via chambers email. (AB) (Entered: 01/24/2019)
818 MOTION for an Evidentiary Hearing by John Barrett, Michael Combs, Jeffrey Covington, Jermaine Dockery, Tavares Flaggs, Phillip Fredenburg, Derrick Hayes, Derrick Lane, Alvin Luckett, Henry Moore, Joseph Osborne, Eddie Pugh, James Vann (Salk − PHV, Benjamin) (Entered: 01/28/2019)
819 MEMORANDUM in Support re 818 MOTION for an Evidentiary Hearing filed by John Barrett, Michael Combs, Jeffrey Covington, Jermaine Dockery, Tavares Flaggs, Phillip Fredenburg, Derrick Hayes, Derrick Lane, Alvin Luckett, Henry Moore, Joseph Osborne, Eddie Pugh, James Vann (Salk − PHV, Benjamin) (Entered: 01/28/2019)
820 REPLY to Response to Motion re 816 Response in Opposition, 815 MOTION to Strike 812 Notice (Other), Defendant's Declarations of Dr. Patrick Arnold and Dr. Steven Bonner filed by John Barrett, Michael Combs, Jeffrey Covington, Jermaine Dockery, Tavares Flaggs, Phillip Fredenburg, Derrick Hayes, Derrick Lane, Alvin Luckett, Henry Moore, Joseph Osborne, Eddie Pugh, James Vann (Salk − PHV, Benjamin) (Entered: 01/29/2019)

Case: 3:13-cv-00326-WHB-JCG As of: 03/28/2019 03:52 PM CDT 135 of 136

02/06/2019 02/11/2019 02/19/2019 02/20/2019
02/28/2019 03/01/2019 03/01/2019 03/06/2019 03/13/2019
03/13/2019 03/26/2019

821 MOTION to Strike 800 Notice (Other), 799 Notice (Other), MDOC's Motion to Strike Portions of November 16, 2018 Supplemental Reports filed by Plaintiffs' Experts Madeleine LaMarre and Marc Stern by Marshall L. Fisher (Attachments: # 1 Exhibit A−Trial Transcript Vol. 28, # 2 Exhibit B−Trial Transcript Vols. 19, 20)(Walker, Molly) (Entered: 02/06/2019)
822 RESPONSE to Motion re 818 MOTION for an Evidentiary Hearing filed by Marshall L. Fisher, Archie Longley, Richard D. McCarty, Gloria Perry (Bentley, Michael) (Entered: 02/11/2019)
823 REPLY to Response to Motion re 818 MOTION for an Evidentiary Hearing filed by John Barrett, Dexter Campbell, Tafforest Chandler, Jeffrey Covington, Jermaine Dockery, Anthony Evans, Phillip Fredenburg, Courtney Galloway, Derrick Hayes, Christopher Lindsey, Alvin Luckett, Benjamin McAbee, Joseph Osborne, David Thompson, James Vann, Eric Ward (Balaban − PHV, Eric) (Entered: 02/19/2019)
824 RESPONSE in Opposition re 821 MOTION to Strike 800 Notice (Other), 799 Notice (Other), MDOC's Motion to Strike Portions of November 16, 2018 Supplemental Reports filed by Plaintiffs' Experts Madeleine LaMarre and Marc Stern filed by John Barrett, Michael Combs, Jeffrey Covington, Jermaine Dockery, Tavares Flaggs, Phillip Fredenburg, Derrick Hayes, Derrick Lane, Alvin Luckett, Henry Moore, Joseph Osborne, Eddie Pugh, James Vann (Attachments: # 1 Declaration of Anna Q. Han, # 2 Exhibit A (Tr. Vol. 28 Excerpts), # 3 Exhibit B (Centurion Policy No. A−01), # 4 Exhibit C (Centurion Policy No. D−05), # 5 Exhibit D (Centurion Policy No. E−12), # 6 Exhibit E (Centurion Policy No. E−08), # 7 Exhibit F (Centurion Policy No. G−01), # 8 Exhibit G (Centurion Policy No. E−03), # 9 Exhibit H (Tr. Vol. 19 Excerpts), # 10 Exhibit I (Tr. Vol. 20 Excerpts), # 11 Exhibit J (LaMarre 2018 Report Excerpts), # 12 Exhibit K (Stern 2018 Report Excerpts))(Han − PHV, Anna) (Entered: 02/20/2019)
825 ***ERROR***Disregard this Entry** MOTION to Strike 821 MOTION to Strike 800 Notice (Other), 799 Notice (Other), MDOC's Motion to Strike Portions of November 16, 2018 Supplemental Reports filed by Plaintiffs' Experts Madeleine LaMarre and Marc Stern by Gloria Perry (Attachments: # 1 Exhibit 1 − Trial Transcripts Vol. 19 and 20)(Walker, Molly) Modified on 3/1/2019 (MGB). (Entered: 02/28/2019)
DOCKET ANNOTATION as to [#825]: Incorrect event chosen. This document should have been docketed as a Rebuttal or Reply to Response to Motion. Attorney is directed to refile using the correct event. (MGB) (Entered: 03/01/2019)
826 Rebuttal re 821 MOTION to Strike 800 Notice (Other), 799 Notice (Other), MDOC's Motion to Strike Portions of November 16, 2018 Supplemental Reports filed by Plaintiffs' Experts Madeleine LaMarre and Marc Stern filed by Marshall L. Fisher, Archie Longley, Richard D. McCarty, Gloria Perry (Attachments: # 1 Exhibit 1 − Trial Transcripts Vol. 19 and 20)(Walker, Molly) (Entered: 03/01/2019)
827 ORDER denying 815 Plaintiffs' Motion to Strike Declarations; denying 818 Motion for Evidentiary Hearing. The parties are granted up March 13, 2019, to notify the Court in writing as to whether the supplemental reports and declarations should be entered into evidence in lieu of live testimony. Signed by District Judge William H. Barbour, Jr., on 03/06/2019. (sc) (Entered: 03/06/2019)
828 Response to Order re 827 ORDER denying 815 Plaintiffs' Motion to Strike Declarations; denying 818 Motion for Evidentiary Hearing. The parties are granted up March 13, 2019, to notify the Court in writing as to whether the supplemental reports and declarations should be entered into evidence in lieu of live testimony. Signed by District Judge William H. Barbour, Jr., on 03/06/2019. (sc) filed by Marshall L. Fisher, Archie Longley, Richard D. McCarty, Gloria Perry (Bentley, Michael) (Entered: 03/13/2019)
829 NOTICE of Withdrawal of Motion to Strike Portions of November 16, 2018 Supplemental Reports by Marshall L. Fisher, Archie Longley, Richard D. McCarty, Gloria Perry (Bentley, Michael) (Entered: 03/13/2019)
TEXT ONLY ORDER finding as moot 821 Motion to Strike MDOC's Motion to Strike Portions of November 16, 2018, Supplemental Reports filed by Plaintiffs' Experts Madeleine LaMarre and Marc Stern Signed by District Judge William H. Barbour, Jr on 03/26/2019 (Collipp, Suzanne) (Entered: 03/26/2019)

Case: 3:13-cv-00326-WHB-JCG As of: 03/28/2019 03:52 PM CDT 136 of 136

03/26/2019 03/28/2019

830 ORDER directing parties to submit Post−trial Memorandum Briefs. Plaintiffs' Brief due on or before April 16, 2019; Defendants' Brief Due on or before May 7, 2019. Signed by District Judge William H. Barbour, Jr., on 03/26/2019. (sc) (Entered: 03/26/2019)
831 Emergency MOTION for Extension of Time to File Post−Trial Briefing, Emergency MOTION for Leave to File Excess Pages for Post−Trial Briefing by John Barrett, Michael Combs, Jeffrey Covington, Jermaine Dockery, Tavares Flaggs, Phillip Fredenburg, Derrick Hayes, Derrick Lane, Alvin Luckett, Henry Moore, Joseph Osborne, Eddie Pugh, James Vann (Salk − PHV, Benjamin) (Entered: 03/28/2019)