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

UNITED STATES OF AMERICA,

)

Plaintiff,

)

v-

)

) Civil Rights No.

COUNTY OF HARRISON, MISSISSIPPI;

)

JOE PRICE, Sheriff of Harrison

)

County, in his official capacity; )

RICK GASTON, Warden of Harrison

)

County Jail, in his official

)

capacity; ROBERT ELEUTERIUS,

)

President of the Harrison County

)

Board of Supervisors, in his

)

official capacity; and LARRY

)

BENEFIELD, DAVID LAROSA, C.T.

)

SWITZER, and ROBIN MIDCALF,

)

members of the Harrison County

)

Board of Supervisors, in their

)

official capacities,

)

Defendants.

)

COMPLAINT
THE UNITED STATES OF AMERICA, Plaintiff, alleges that: 1. This complaint is filed by the Attorney General on
behalf of the United States of America pursuant to the Civil Rights of Institutionalized Persons Act of 1980, 42 U.S.C. §1997 et seq., to enjoin the named Defendants from depriving persons incarcerated at the Harrison County Jail in Gulfport,

Mississippi, of rights, privileges or immunities secured cr protected by the United States Constitution.
JURISDICTION, STANDING, AND VENUE 2. This Court has jurisdiction over this action under 28 U.S.C. §1345. 3. The United States has standing to initiate this action pursuant to 42 U.S.C. §1997a. 4. Venue in the Southern District of Mississippi is proper pursuant to 28 U.S.C. §1391. The claims set forth in this Complaint all arose in said District. 5. The Attorney General has certified that all pre-filing requirements specified in 42 U.S.C. §1997b have been met. The Certificate of the Attorney General is appended to this Complaint and is incorporated herein.
DEFENDANTS 6. Defendant County of Harrison, Mississippi, owns and operates the jail facility at issue in this action. The County of Harrison is responsible for the conditions of confinement and treatment of the persons detained or incarcerated in the Harrison County Jail. 7. Defendant Joe Price, sued in his official capacity, is the Sheriff of Harrison County, and is charged by state law with responsibility for the general supervision and control of the County of Harrison Jail. He is responsible for, inter alia, the conditions of confinement in the facility, the policies and
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procedures of the facility, and for the protection and safety of the persons detained or incarcerated therein.
S. Defendant Rick Gaston is sued in his official capacity as the V7arden of the Harrison County Jail. The VJarden has responsibility for the day-to-day supervision and control of the Harrison County Jail, including the conditions, practices, and implementation of policies and procedures at the Jail.
9. Robert Eleuterius is sued in his official capacity as President of the Harrison County Board of Supervisors. Defendants Larry Benefield, David LaRosa, C.T. Switzer, and Robin Midcalf, are sued in their official capacities as members of the Harrison County Board of Supervisors. Under Mississippi law, the Harrison County Board of Supervisors has the authority to appropriate monies in the Harrison County treasury and the responsibility to keep the Harrison County Jail in good repair. The Board also has the responsibility under Mississippi law to make contracts and plan for any new county jail facilities to be constructed, and to ensure the completion of any needed remodeling, renovating, or repairing of the existing facility.
10. Defendants are legally responsible, in whole or in part, for the operation of the Harrison County Jail, its conditions of confinement, and the health and safety of persons detained or incarcerated therein.
FACTUAL ALLEGATIONS 11. The Harrison County Jail is an "institution" within the meaning of 42 U.S.C. §1997(1).
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12. Persons confined in the Harrison County Jail have included men and women, pre-trial detainees, convicted misdemeanants and felons.
13. Defendants have failed to provide persons confined in the Harrison County Jail adequate medical care by, inter alia, failing to provide sufficient medical staffing, failing to provide adequate medical screening of inmates at intake, failing to provide inmates with routine, follow-up, and emergency medical care, failing to implement an adequate medication distribution system, and failing to properly store medical supplies and medications.
14. Defendants have failed to provide adequate mental health care services by, inter alia, failing to provide adequate mental health staffing and access to mental health care professionals, failing to provide adequate mental health screening upon entry to the jail, failing to implement adequate suicide prevention measures, and failing to provide sufficient staff training regarding the identification of inmates with mental health needs and appropriate measures of protection and treatment to be undertaken for such inmates.
15. The Defendants have failed to provide inmates ah Lhe Harrison County Jail with adequate protection from harm by, inter alia, failing to provide adequate security and supervision, sufficient numbers of staff, adequate staff training, and implementation of appropriate policies and procedures to safely operate the Jail, including procedures for control of dangerous
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materials. Such deficiencies endanger the lives of persons incarcerated or detained in the Jail.
16. The Defendants have failed to provide inTTiates with adequate access to the courts by, inter alia, failing to provide inmates with meaningful and effective access to law books and legal research materials.
VIOLATIONS ALLEGED 17. The acts, practices and omissions of Defendants alleged in each of paragraphs 13 through 16 violate rights of persons confined at the Harrison County Jail that are secured or protected by the Constitution of the United States.
PRAYER FOR RELIEF 18. The Attorney General is authorized under 42 U.S.C. §1997, et seq.. to seek equitable relief. 19. Unless restrained by this Court, persons confined at the County of Harrison Jail will be deprived of rights secured or protected by the Constitution of the United States. WHEREFORE, the United States prays that this Court enter an order permanently enjoining Defendants, their officers, agents, employees, subordinates, successors in office, and all those acting in concert or participation with them from continuing the acts, omissions and practices set forth herein and to require Defendants to take such actions as will provide constitutional
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conditions of confinement to inmates at the Harrison County Jail. The United States further prays that this Court grant such other and further equitable relief as it may deem just and proper.
Respectfully submitted,
JAttET RENO Attorney General of the United States
.DEVAL Assistant Attorney General Civil Rights Division
•J. BRADLEY PIGOTT United States Attorney Southern District State of Mississippi
ARTHUR .E . PEABODY jr"JR. Chief Civil Rights Division Special Litigation Section
TIMOTHY ^j Senior Trial Attorney U.S. Department of Justice Civil Rights Division Special Litigation Section Post Office Box 66400 Washington, D.C. 20035 (202) 514-6441
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 U.S. v. Harrison Co.

JC-MS-013-005

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

UNITED STATES OF AMERICA, Plaintiff,
v. HARRISON COUNTY, MISSISSIPPI, et al.,
Defendants.

8y
C i v i l Action Number: l:95cv5GR

CONSENT ^ G R D ^

TABLE OF CONTENTS I. INTRODUCTION II. DEFINITIONS III. BACKGROUND IV. SUBSTANTIVE PROVISIONS
A. Security and Supervision B. Access to Courts C. Medical Care D. Mental Health Care E. Suicide Prevention V. TIMING OF COMPLIANCE VI. GENERAL PROVISIONS

3 3-4 4 4-16 4-6 6-10 10-12 12-16 12-17 16 16-18

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I. INTRODUCTION 1. This Court has jurisdiction over this action pursuant to 28 U.S.C. section 1345. 2. Venue in the Southern District of Mississippi, Southern Division, is appropriate pursuant to 28 U.S.C. section 1391(b). 3. The United States has met all pre-filing requirements stated in the Civil Rights of Institutionalized Persons Act, 42 U.S.C. section 1997, et seq. II. DEFINITIONS 4. "Plaintiff" shall refer to the United States of America. 5. "Defendants" shall refer to Harrison County, Mississippi, the Sheriff of Harrison County, the Warden or Chief Correctional Officer of the Harrison County Jail, the members of the Harrison County Board of Supervisors, and their agents and successors in office. 6. The acronym "HCDC" shall refer to the Harrison County Jail, formally known as the Harrison County Detention Center. "HCDC" shall refer to the main Adult Detention Center located at 10451 Larkin Smith Drive. 7. The terms "inmate" or "inmates" shall refer to one or more individuals sentenced to, incarcerated in, detained at, or otherwise confined at either the existing jail at 10451 Larkin Smith Drive .or any facility constructed either to replace the existing jail or to provide additional housing for the jail. 8. The term "special needs inmate" shall refer to those inmates who are suicidal, mentally ill, mentally retarded, under
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the influence of alcohol or other substances, or otherwise a danger to themselves or others.
III. BACKGROUND 9. On May 3, 1993, pursuant to its authority under the Civil Rights of Institutionalized Persons Act (CRIPA), 42 U . S . C { 1997 et seg., the United States formally notified Harrison County officials of its intent to investigate conditions of confinement at the Harrison County Jail. 10. On June 23-25, 1993, also pursuant to CRIPA, the United States toured HCDC with expert consultants in the field of penology, correctional health care and suicide prevention. On September 9, 1993, the United States issued a report/findings letter based on its investigation and expert tour which found that HCDC operates in violation of the inmates1 constitutional rights. 11. The parties to this Decree recognize the constitutional rights of the inmates confined at HCDC. In order to avoid litigation concerning the constitutionality of the care and confinement of inmates at HCDC, the parties agree to the provisions set forth in this Consent Decree. IV. SUBSTANTIVE PROVISIONS
A. Security and Supervision. Defendants shall provide a safe and secure living environment to all inmates housed at HCDC. To this end, Defendants shall undertake corrective measures in each of the following areas.
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12. Staffing. Defendants shall ensure that, at each of the four inmate housing units, there are no lass than two (2) officers on duty for all shifts — one officer stationed in the unit control room and one officer posted as a rover for the unit. In addition, the facility shall have at least one officer on duty on all shifts in the facility's main control center. Further, there shall be at least one (1) female officer on duty on all shifts, whose responsibilities shall include responsibility for supervising and attending to the needs of the female inmates housed at HCDC. Utilizing a relief factor, Defendants shall employ sufficient numbers of officers to maintain these required staffing levels at all times, including during periods of staff illness, vacation or other leave of absence.
13. Staff training. Defendants shall continue to implement their comprehensive jail officer training program, to include at minimum 8 0 hours of pre-service or orientation training to officers (40 hours of which shall be prior to an officer being independently assigned to any particular post), and an additional 40 hours of in-service training each year thereafter. Such program shall entail, at minimum, training and testing in the following areas: security and search procedures, use of force regulations and tactics, supervision of inmates, report writing, inmate and staff rules and regulations, rights and responsibilities of inmates, all emergency procedures, interpersonal relations, social/cultural life styles of the
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inmate population, communication skills, training in first aid and the use of CPR, and training in HIV related issues.
14. Inmate disciplinary practices. Unless and until Defendants appropriately remodel cell 148, Block B section F (HCDC's "strip cell") — e.g., installing a bunk, standardized toilet and sink — Defendants shall not use this cell for confinement of inmates.
15. Control of dangerous materials/utensils. Defendants shall continue to implement appropriate procedures for securing and safeguarding dangerous materials/utensils in the kitchen area (e.g.r large kitchen knives) and dangerous materials in the facility's medical unit (e.g.. needles, syringes, and medications). Such procedures shall include identification of dangerous or potentially dangerous materials, proper storage of the materials in locked areas, and a system of inventory with routine counting of the identified materials.
B. Access to the Courts. Defendants shall provide KCDC inmates with effective and meaningful access to the courts. To this end, Defendants shall: 16. Law library. Defendants shall provide inmates with reasonable access to updated legal materials consisting of at least the following materials: a) One set of the Mississippi Code Annotated b) One set of the United States Code Annotated c) One set of West's Federal Practice Digest d) One set of the Mississippi Digest
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e) One volume Black's Law Dictionary f) One volume of current Mississippi Rules of Court g) One volume Federal Civil Procedure Handbook (West's
Federal Rules of Civil Procedure) h) One volume Federal Criminal Procedure Handbook (West's
Federal Rules of Criminal Procedure) i) Handbook in Criminal Law (latest edition), LaFave and
Scott j) Prisoners' Self-help Litigation Manual (latest edition),
Manville D., and Boston, J. k) Constitutional Rights of Prisoners (latest edition),
Palmer, J. 1) Constitutional Rights of the Accused (latest edition),
Cook, J. m) One general guide to legal research "How to Find the
Law" n) One set of West Publishing Company standard forms o) A list of mailing addresses of all local government,
state or federal courts with jurisdiction over the inmates p) Copies of any current decrees or other court orders which pertain to operations or conditions of confinement at the jail 17. The aforesaid publications shall be made available to the inmate upon his or her visit to the HCDC law library, which shall be open at least eight hours per day, five days per week.

The library shall be suitably accommodated for inmates to conduct manual legal research when direct access is provided. In addition to the foregoing volumes, there shall be provided through the assistance of a trained paralegal professional, on site at the Law Library at least eight hours per day, five days per week, a computer printer combination with CD-ROM capability by which the inmate, upon request, may obtain information set forth in the following publications which will be purchased on CD-ROM:
q) United States Supreme Court Reporter r) Federal Reporter (1980 to date) s) Federal Supplement (1980 to date) t) Southern Reporter (Mississippi cases) u) Federal and U.S. Supreme Court Shepard's Citations v) Until available on CD-ROM, hardbound volumes of the
Shepard's Mississippi Citations will be provided. 18. Inmates will gain access to the law library and the paralegal by completing a request form entitled "Harrison County Sheriff's Department Legal Research Request," attached as Appendix A. The Defendants shall provide a sufficient number of request forms to each area of the HCDC in order that the request forms are available to any inmate who requests one. HCDC staff shall forward completed request forms to the paralegal by no later than the next business day. The paralegal shall, within a reasonable amount of time (e.g. , five days) of receipt of the completed request form, either: 1) provide the inmate with
Q

copies of relevant materials, which may be taken back to the inmate's cell, from preliminary research of the issue presented; or 2) provide the inmate with direct access to the law library. The paralegal shall also provide assistance to inmates in his or her preparation of legal documents or pleadings. Legal materials from the CD-ROM library shall be provided via copies. Any copies of cases will, upon lapse of a reasonable amount of time in the possession of the inmate, be returned to the law library for filing and for potential future use by other inmates presented with the same issue of law.
19. Illiterate inmates shall be provided meaningful access to the courts through the facility paralegal. Such inmates shall request an interview with the paralegal orally through HCDC staff, who shall relay such request directly to the paralegal; whereupon the paralegal shall, within a reasonable amount of time, personally interview the inmate, ascertain the inmate's research request, and assist-the inmate in obtaining relevant legal materials and filing meaningful legal documents, should such documents need to be filed.
20. In the event that an inmate is facing a specific court deadline or statute of limitation, the Defendants shall make reasonable efforts to allow the inmate additional access to the legal materials in the HCDC library.
21. The Defendants shall also provide to any inmate a reasonable amount of paper, envelopes, and writing implements — and sufficient postage for indigent inmates — regarding legal
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correspondence with attorneys, legal services or assistance organizations, and courts. The Defendants shall provide inmates sufficient photocopying of legal documents to satisfy court procedural requirements and to permit the inmate to retain a single copy of each document. The Defendants shall provide adequate notarial services to inmates.
22. At no cost to the Defendants, inmates shall be permitted to purchase, receive, and maintain in their cells a reasonable amount of soft-bound law books and other legal research materials, to such extent not exceeding legitimate fire safety and security concerns.
C. Medical Care. To ensure adequate medical care is provided to inmates housed at HCDC, Defendants shall provide medical attention and services in accord with currently accepted correctional health care standards. To this end, Defendants shall undertake corrective measures in the following areas. 23. Medical staffing. Defendants shall enhance the current medical care staffing level by hiring or contracting for the services of a full-time licensed and qualified medical professional, e.g., a registered nurse, to ensure adequate onsite services are provided. 24. Screening. Defendants shall continue to ensure all inmates are medically screened by appropriately trained staff and that all screening forms indicating a medical condition are
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reviewed by a qualified medical professional and become part of the inmate's medical record.
25. Sick call. Defendants shall continue to ensure that sick call for inmates is regularly scheduled and conducted by a physician at least three times a week.
26. Physician rounds. Defendants shall continue to ensure that a physician conducts routine rounds of the inmate housing areas, so that each housing unit is visited by the physician at least one (1) time a month.
27. Tuberculosis (TB). In all cases of inmates confined at HCDC for seven days or more, Defendants shall continue their current practice of administering a PPD test for TB with the results of the test forwarded immediately to the facility physician. If the test result is positive, the inmate shall be immediately scheduled for a chest x-ray, with appropriate medical care and attention including isolation to be provided thereafter as indicated.
28. Medication storage. Defendants shall continue to ensure that all medications, particularly injectable medications such as penicillin and insulin, and all dangerous medical supplies are properly stored and maintained in a locked, secure area.
2S. Medication administration. Defendants shall ensure that all officers who administer prescription medications to inmates are .appropriately trained in medication distribution and in the observance and recognition of dangerous side effects.
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30. Pharmacy. To ensure proper management of Pharmaceuticals, Defendants shall contract with a pharmacist or other qualified professional to conduct quarterly reviews of drug management at HCDC.
31. Trustees in medical unit. Defendants shall ensure that inmate trustees have no access to inmate medical records, nor any degree of control over inmate access to medical services.
D. Mental Health Care/Suicide Prevention. Defendants shall provide adequate mental health services to HCDC inmates, including adequate suicide prevention measures. To this end, Defendants shall undertake the following corrective measures. 32. Staffing. Defendants shall employ a Ph.D. psychologist to be present at the facility on at least a half-time basis. Further, a licensed psychiatrist will be available on call, as needed, for provision of such services as crisis intervention, diagnosing inmate/patients, medication prescriptions and renewals, and other consultation (on or off site), as appropriate. 33. Enhancement of services. Defendants shall enhance the regularity and continuity of mental health care services for inmates at HDC. Such enhancement shall include the facility psychologist's review of medical screening.forms, assessment and evaluation of mentally ill and suicidal inmates, communication with a qualified medical professional to ensure appropriate inmate medication, and availability of a mental health care
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provider on-call 24 hours a day, seven days a seek, for crisis intervention services. Such enhancement shall also include ensuring availability, either at HCDC or at a local hospital, of psychiatric beds when needed.
34. Suicide prevention program. Defendants shall develop and implement written policies and procedures on suicide prevention and the treatment of special needs inmates, which shall include, but not be limited to, the following:
a), the appropriate housing of all special needs inmates; b) the establishment of two levels of supervision of special needs inmates — "constant watch" and "close watch". Special needs inmates not identified as currently suicidal shall be assigned to "close watch" supervision and visually monitored by HCDC staff at regular intervals of not more than fifteen minutes; special needs inmates who are currently suicidal shall be assigned to "constant watch" supervision and, if not transferred to a local hospital, shall be housed in a medical unit or other appropriately safe environment, and shall be visually monitored at all times by a jail officer. Jail officers shall log all monitoring in a separate suicide watch book; c) the communication of information relating to special needs inmates between and among all HCDC staff members, between arresting and transporting
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officers and HCDC staff, between HCDC staff and jail administration, and between HCDC staff and the special needs inmate; d) the notification by HCDC staff to local or state mental health authorities, for informational purposes only, that a special needs inmate (except intoxicated) has been admitted to the Jail; e) the notification to the special needs inmate's family (except those inmates incarcerated for intoxication) that he or she has been admitted to HCDC; f) the assessment of all special needs inmates as soon as reasonably possible by a qualified mental health professional to assess the inmate's level of suicide risk; g) the establishment of a mechanism by which HCDC staff will communicate with the facility health care providers regarding the status of potentially suicidal inmates or inmates who have recently attempted suicide; h) the establishment of a mechanism by which HCDC staff will refer potentially suicidal inmates and inmates who have recently attempted suicide to the facility mental health care providers or other facilities for placement; i) the documentation of all attempted and completed suicides and notification to jail administrators,
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outside authorities and family members of all attempted and completed suicides; j) the establishment of follow-up and administrative review procedures for all attempted and completed suicides, including the determination of what changes, if any, are needed in the Suicide Prevention Program; 35. Staff training. As part of the jail officer training program required by Section A., subpart 13, herein, Defendants shall ensure that each officer is adequately trained in recognizing common symptoms of mental illness, mental retardation, and suicidal behavior, and is trained in suicide prevention measures. Defendants shall further ensure that each officer is specifically provided, pre-service, with adequate suicide prevention training by a qualified mental health professional to include training regarding: proper officer response to a suicide or suicide attempt, including how to cut down a hanging victim and other first-aid measures; and the highrisk groups and periods for suicides and suicide attempts. 36. Screening. Defendants shall revise its medical screening form to include sufficient inquiry into suicide risk in accordance with professional standards. The mental health and suicide risk portion of the screening questionnaire shall be administered by health trained staff and reviewed by qualified medical or mental health personnel. All such screening forms shall be forwarded to the Medical unit.
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37. Elimination of physical hazards. Defendants shall identify and eliminate all physical hazards, e.g., shower bars or bar grates covering lights, which present a serious risk to suicidal or potentially suicidal inmates.
38. Suicide prevention equipment. Defendants shall purchase and maintain in an area easily accessible to the cellblock appropriate rescue equipment, i.e. , a rescue tool for rapid cutting of fibrous materials utilized in attempted hangings, disposable rubber gloves, a CPR pocket mask, and any other equipment Defendants deem appropriate, to ensure that staff can effectively intervene in the event of attempted suicide.
V. TIMING OF COMPLIANCE 39. Except where otherwise specifically indicated, the Defendants shall implement all provisions of this Consent Decree by no later than one year after the signing of the Decree. 40. The Defendants shall, every 9 0 days following the signing of this Decree, file with the Court and with copy to the United states a status report stating how the Defendants are complying with each requirement of this Order. 41. If Defendants fail to timely comply with the requirements of this Consent Decree, the United States shall have the right to seek additional relief from the Court. VI. GENERAL PROVISIONS 42. During all times while the Court maintains jurisdiction over this action, the United States shall have unrestricted access to copies of all documents which relate to the
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implementation of this Decree. The United States shall have unrestricted access to all records and recordings, and to all staff and facilities as necessary to address issues affected by this Decree.
43. The Defendants shall immediately explain the terms of this Decree to all HCDC staff members and ether individuals providing services required by this Decree, in order to ensure that they understand the requirements of this Decree and the necessity for its strict compliance. All HCDC staff members and other individuals providing services required by this Decree shall sign a statement indicating that they have read and understood this Decree. Such statement shall be retained by the Defendants. The Defendants shall require strict compliance with this Decree by their respective employees, agencies, assigns, or successors.
44. The parties contemplate that at such time the Defendants have achieved compliance with the terms and objectives of this Consent Decree, and have maintained such compliance for a sustained period of one year or more, the parties shall jointly move this Court to vacate this Decree and to terminate the Court's jurisdiction over this action. Should Defendants believe that substantial compliance with the terms and objectives of this Consent Decree have been accomplished at any time before this date, Defendants may unilaterally move this Court for termination of this litigation. Defendants shall bear the burden regarding any such unilateral motion to demonstrate by full and convincing
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evidence that Defendants have fully complied with all

requirements of this Decree.

Agreed to by:

COUNSEL FOR THE UNITED STATES:

Date:

1994

LEVAL L. PATRICK

V

Assistant Attorney General

Civil Rights Division

United States Department of

Justice

J3i BRADLEY . United Statesh Attorney Southern Distrrict of Mississippi

\}J)MAJ^fW

ARTHUR E . PEABODY,MR.

Chief

^

Special Litigation Section

TIMOTHY R, Attorney U.S. Department of Justice Civil Rights Division Special Litigation Section Post Office Box 66400 Washington, D.C. 20035

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COUNSEL FOR DEFENDANTS-HARRISON COUNTY AND HARRISON COUNTY BOARD OF SUPERVISQ

Date:

/€, , 1994

JOSEPH R. MEADOWS Meadows, Riley, Koenenn & Teel 1720 23rd Avenue P.O. Drawer 550 Gulfport, MS 39502

It is hereby Ordered, this // "" day

UNITED STATES DISTRICT JUDGE

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 gf$~r

U.S. Department of Justice Civil Right* Division

l. CL. JM
3
REGISTERED KAIL RETURN RECEIPT REQUESTED Mr. Robert Eleuterius President Harrison County Board of Supervisors 18 01 2 3rd Avenue Gulfport, MS 39502
Re: Investigation of the Harrison County Jail in Gulfport, Mississippi
Dear Mr. Eleuterius:
I am writing to inform you of our intention to investigate conditions at the Harrison County Jail ("HCJ") in Gulfport, Mississippi. The investigation is pursuant to the Civil Rights of Institutionalized Persons Act, 42 U.S.C. §1997-1997j (1982).
The purpose of the investigation vill be to determine whether HCJ violates the constitutional rights of its innazes. The investigation will focus on, anong other things, allegations concerning (1) suicide precautions, (2) classification systems, (3) security and surveillance by guards, (4) conditions of confinement, (5) medical and mental health services, and (6) abuse of inmates. Initiating this investigation in no way evidences any prejudgment that HCJ violates its inmates' constitutional rights. If any violations are found, however, we will confer with you and your staff concerning appropriate corrective actions.
As a means of commencing this investigation, we wish to arrange for our attorneys, consultants, and perhaps agents of the
U.S. v. Harrison Co.
JC-MS-013-001

- 2-
Federal Bureau of Investigation to visit and tour KCJ. We shall be in touch with your staff to work out the specifics of our initial investigation.
Your cooperation in this matter is greatly appreciated.
Sincerely,
James P. Turner Acting Assistant Attorney General
Civil Rights Division
cc: Robert A. Payne, Esquire Harrison County Attorney
Mr. Rick Gaston Warden Harrison County Jail
& Youth Detention Center
Mr. Joe Price Harrison County Sheriff
George L. Phillips, Esquire United States Attorney State of Mississippi Southern District

 
 L'.S. Department of Justice CIV i! Rights Di\ ision

". D C. Jl'«;.;.<

REGISTERED MAIL RETURN RECEIPT REQUESTED
?FP
Mr. Robert Eleuterius
c L C3 x G c i . >_
Karrison County Board of Supervisors IS01 2 3rd Ave." Gulfport, Mississippi 29502
Re: Notice of Findings cf I n v e s t i g a t i o n , Harrison County J a i l

9 ISS2

leuterius:

On May 3, 1S93, we notified you of our intent to investigate

the Harrison County Adult Jail (hereinafter "Jail") pursuant to

the Civil Rights of Institutionalized Persons Act, 42 U.S.C.

Section 1997 ejt sea. Consistent with statutory requirements, we

are now writing to advise you of the findings of this

investigation. Throughout the course of this investigation,

County officials, including the Sheriff, County Attorney, Jail

Warden and other jail personnel, provided us with substantial

assistance and their full cooperation. ,Our consultants expressed

appreciation for this assistance, and we wish to join then _ir.

thanking you for your cooperation.

^

In making our findings, we recognize that Harrison County

Jail confines both pretrial detainees and post-conviction

.inmates. In general, inmates nay not be subjected to conditions

that are incompatible with evolving standards of decency or

deprived of their basic human needs while incarcerated. See

Estelle v. Gamble, 429 U.S. 97 (1976). With respect to the

pretrial detainees, the Fourteenth Amendment prohibits punishment

of these persons and restrictive conditions or practices that are

not reasonably related to the legitimate governmental objectives

of safety, order and security. Bell v. Wolfish, 441 U.S. 520

(1S79). For those convicted of a crime, the standard to be

applied is the Eighth Amendment's proscription against cruel and

unusual punishment. Wi1son v. Seiter,

U.S. , 111 S.Ct.

2321 (1991); Rhodes v. Chapman. 452 U.sT~337 (198T). When

convicted prisoners are not, as here, separated from pretriai

detainees, the Fourteenth Amendment standard applies to all

inmates.

U.S. v. Harrison Co.

JC-MS-013-002

Based c:. cur investigation, we believe that conditions ar the Jail violate the constitutional rights of the prisoners confined therein. These conditions fire:
I. Inadeaua-- Security and Supervision .
1. There is a severe lack cf staffing vhich jeopardizes the safety of inr.ates and the security of the facility. Each cf the four cellblocks (three of which hold up to 19 2 inmates) has only one officer, who is stationed and r.ust regain in a central observation room. In the event of a disturbance, this officer must summon cutside help. This staffing arrangement poses significant safety and security problems. Known incidents cf inmate aggression, sexual assaults, sexual activity involving female inmates, and a recent major escape that may have been avoided with proper staffing attest to the dangers presented.
2. The training provided to Jail officers is inadequate. Currently, the only training offered is a correspondence course administered by the National Sheriff's Association. While this course is helpful, additional officer training, both pre-service and in-service, is needed to ensure overall security and safety in the Jail, given its size and the types of inmates confined there.
3. Inmates are subjected to disciplinary actions that are unnecessarily and excessively harsh, in violation of their Fourteenth Amendment rights. The Jail has a "strip cell" (Block B, section 7, cell 148) which is being used for disciplinary segregation purposes. It is completely bare except for a primitive toilet (made of concrete) and,a sink with a faucet. The water is controlled outside the cell. <-Such excessively__harsh conditions do not appear to be justified by any legitimate governmental objective.
4. There is inadequate control of dangerous materials. .Large kitchen knives are currently accessible to inmates and inmate trustees who work in the kitchen. Also, syringes and needles are kept in an unsecured drawer, and prescription medications are kept in an unsecured refrigerator in an unsecured room. These potentially dangerous items must be properly secured and accounted for.
5. The Jail fails to afford inmates adequate•access to the courts. The Jail has no law library and fails to provide inmates adequate access to legal materials for research and writing.
II . Medical and Mental Health Care and Suicide Prevention.
1. Kedicai care at the Jail is inadequate. In particular, deficiencies include: a shortage of medical staff (resulting in the LPll practicing beyond the scope of her license); virtually no

medic?.! screening of inmates at intake; inadequate sick call access procedures; inadequate system of procuring, storing and dispensing of -edication; ineffective TB control program; the practice of h = --.-incf innates with medical problems sleeping on floors; and allaving innate trustees access to medical records.
2. The Jail does not provide adequate mental health care services. Specifically, the Jail has no provision for consultation with a psychiatrist regarding the mental health needs of the innate population.
3. The facility lacks an adequate suicide prevention program. Specific deficiencies include: inadequate suicide prevention policies and procedures (including suicide screening at intake, general identification and assessment of inmates ar risk, and supervision and observation of inmates placed on suicide watch); no staff training in suicide prevention; poor communication of information between staff members; failure to ensure involvement of mental health professionals in the delivery of services; and lack of proper rescue equipment.
MINIMUM REMEDIAL MEASURES
To rectify these deficiencies at the Jail and to ensure that constitutional standards are achieved, we recommend that the following minimum remedial measures be implemented:
I. Security and Supervision.
1. Maintain, at each of the four'innate housing units, at least one staff person on duty 24 hours 'a day in the unit control room and one staff person on duty 24 hours 'a day as a rover—for the unit. In addition, the facility's main control center should be staffed around the clock.
2. Implement a comprehensive jail officer training program. .The training should be at periodic intervals and documented in writing.
3. Discontinue the use of the facility's strip cell (3iock B, section F, cell 148) for disciplinary purposes.
4. Implement security measures to ensure proper control of the large knives in the kitchen and of medical supplies such as needles, syringes and medication. These measures should include storage in locked, secure areas and establishment and maintenance of an inventory system.
5. Provide adequate access to lav; books and writing materials for inmates.

— 4 —

II. Medical and Mental Health Care and Suicide Prevention.

1. To ensure provision of adequate nedicai care, the
f cl C 1 1 i t V T":'_! F t !
a. Hire cr contract for the services of a full-time qualified medical professional, e.g.., a registered nurse, to enhance the current staff and to provide adequate on-site services.

b. Schedule physician sick call at least three times per week at the facility.

c. Ensure that a physician makes periodic rounds at each of the housing units.

d. Implement a structured TB screening program for all inmates incarcerated seven days or more and provide adequate screening for other communicable diseases, preferably in consultation with the county health department.

e. Ensure that all medical screening forms which indicate a medical problem are reviewed by a qualified r.edical professional and become part of the inmate's nedicai record.

f. Medications must be stored securely, accessible only to authorized personnel. Officers who dispense medications must be trained in proper administration of medications and recognition of side effects of commonly used medications.

g. Cease the practice of having inmates with m e d i c a l —

problems sleep on the floor.

v

':

h. Contract with a pharmacist or other qualified professional to review drug management at the facility.

1. Ensure that any inmate trustees in the medical clinic do not have access to inmate records or control over inmate access to services.

2. To ensure provision of adequate mental health care services: employ a psychiatrist on at least a part-time basis or otherwise ensure a psychiatrist is available for consultation regarding the mental health needs of inmates.

3. To ensure adequate suicide prevention, the facility must:

a. Develop and implement specific procedures regarding jail suicide orevention.

- 5-
b. As part of the Jail officer training program descritii above,, ersure that each officer is trained in identifying signs or symptoms of suicidal tendencies and suicide

c. Ensure that medical screening upon intake includes adequate inquiry to identify severe depression or persor.s at risk, of committing suicide.

d. Ensure that inmates at risk of suicide are frequently and regularly observed and that such observations are recorded in writing.

e. Enhance the regularity and continuity of mental health care services, which are currently being provided by the Gulfport Mental Health Center and the Center's psychiatrist. Such enhancement should include mental health staff review of medical screening forms, assessment and evaluation of mentally ill ana suicidal inmates, communication with a qualified medical professional to ensure appropriate inmate medication, and availability of a mental health provider on-call 24 hours a day for crisis intervention services.

f. Purchase appropriate rescue equipment (e.c., a rescue tool for cutting fibrous material, disposable rubber gloves, and a C?R pocket mask), to ensure that staff can effectively intervene if an inmate attempts suicide.

Pursuant to CRIPA, the Attorney General may initiate a

lawsuit to correct deficiencies at an institution 49 days after

appropriate local officials are notified of them. 42 U.S.C.

§1997b(a) (1) . That period expires on October 28, 1993.

~

Therefore, we anticipate hearing from you before that date with

any response you may have to our findings and a description cf

the specific steps you will take to implement each of the minimum

remedies set forth above. If you do not respond within the

stated time period, we will consider initiating an action againstv_ "your jurisdiction to remedy the unconstitutional conditions.

"We look forward to working with you and other County officials to resolve this matter in a reasonable and expeditious manner. If you or any member cf your staff have any cuesticr.s, please feel free to contact Timothy R. Payne, Senior Trial Attorney, Special Litigation Section, at (202) 514-5441.

,/••' James P. Turner Acting Assistant Attorney General
Civil Rights Division

- 6-
Joseph R. !-:eadov;3, Esquire Harrison County Board of Supervisors Attorney
Mr. Rick Gas ton, Warder. Harrison County Jail
Mr. Joe Price Harrison County Sheriff
George L. Phillips, Esquire United States Attorney" State cf Mississippi Southern District

 
 U.S. v. Harrison Co.

JC-MS-013-004

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

UNITED STATES OF AMERICA, Plaintiff,
v. HARRISON COUNTY, MISSISSIPPI, et al. ,
Defendants.

Civil Rights No.

CONSENT DECREE

TABLE OF CONTENTS I. INTRODUCTION II. DEFINITIONS III. BACKGROUND IV. SUBSTANTIVE PROVISIONS
A. Security and Supervision B. Access to Courts C. Medical Care D. Mental Health Care E. Suicide Prevention V. TIMING OF COMPLIANCE VI. GENERAL PROVISIONS

3 3-4 4 . 4-16 4-6 6-10 10-12 12-16 12-17 16 16-18

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I. INTRODUCTION 1. This Court has jurisdiction over this action pursuant to 28 U.S.C. section 1345. 2. Venue in the Southern District of Mississippi, Southern Division, is appropriate pursuant to 28 U.S.C. section 1391(b). 3. The United States has met all pre-filing requirements stated in the Civil Rights of Institutionalized Persons Act, 42 U.S.C. section 1997, et seq. II. DEFINITIONS 4. "Plaintiff" shall refer to the United States of America. 5. "Defendants" shall refer to Harrison County, Mississippi, the Sheriff of Harrison County, the Warden or Chief Correctional Officer of the Harrison County Jail, the members of the Harrison County Board of Supervisors, and their agents and successors in office. 6. The acronym "HCDC" shall refer to the Harrison County Jail, formally known as the Harrison County Detention Center. "HCDC" shall refer to the main Adult Detention Center located at 10451 Larkin Smith Drive. 7. The terms "inmate" or "inmates" shall refer to one or more individuals sentenced to, incarcerated in, detained at, or otherwise confined at either the existing jail at 10451 Larkin Smith Drive .or any facility constructed either to replace the existing jail or to provide additional housing for the jail. 8. The term "special needs inmate" shall refer to those inmates who are suicidal, mentally ill, mentally retarded, under

the influence of alcohol or other substances, or otherwise a danger to themselves or others.
III. BACKGROUND 9. On'May 3, 1993, pursuant to its authority under the Civil Rights of Institutionalized Persons Act (CRIPA), 42 U.S.C. { 1997 .et. seq. , the United States formally notified Harrison County officials of its intent to investigate conditions of confinement at the Harrison County Jail. 10. On June 23-25, 1993, also pursuant to CRIPA, the United States toured HCDC with expert consultants in the field of penology, correctional health care and suicide prevention. On September 9, 1993, the United States issued a report/findings letter based on its investigation and expert tour which found that HCDC operates in violation of the inmates' constitutional rights. 11. The parties to this Decree recognize the constitutional rights of the inmates confined at HCDC. In order to avoid litigation concerning the constitutionality of the care and confinement of inmates at HCDC, the parties agree to the provisions set forth in this Consent Decree. IV. SUBSTANTIVE PROVISIONS
A. Security and Supervision. Defendants shall provide a safe and secure living environment to all inmates housed at HCDC. To this end, Defendants shall undertake corrective measures in each of the following areas.
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12. Staffing. Defendants shall ensure that, at each of the four inmate housing units, there are no less than two (2) officers on duty for all shifts — one officer stationed in the unit control room and one officer posted as a rover for the unit. In addition, the facility shall have at least one officer on duty on all shifts in the facility's main control center. Further, there shall 'be at least one (1) female officer on duty on all shifts, whose responsibilities shall include responsibility for supervising and attending to the needs of the female inmates housed at HCDC. Utilizing a relief factor, Defendants shall employ sufficient numbers of officers to maintain these required staffing levels at all times, including during periods of staff illness, vacation or other leave of absence.
13. Staff training. Defendants shall continue to implement their comprehensive jail officer training program, to include at minimum 80 hours of pre-service or orientation training to officers (40 hours of which shall be prior to an officer being independently assigned to any particular post), and an additional 40 hours of in-service training each year thereafter. Such program shall entail, at minimum, training and testing in the following areas: security and search procedures, use of force regulations and tactics, supervision of inmates, report writing, inmate and staff rules and regulations, rights and responsibilities of inmates, all emergency procedures, interpersonal relations, social/cultural life styles of the
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inmate population, communication skills, training in first aid and the use of CPR, and training in HIV related issues.
14. Inmate disciplinary practices. Unless and until Defendants appropriately remodel cell 148, Block B section F (HCDC's "strip cell") -- e.g., installing a bunk, standardized toilet and sink -- Defendants shall not use this cell for confinement of inmates.
15. Control of dangerous materials/utensils. Defendants shall continue to implement appropriate procedures for securing and safeguarding dangerous materials/utensils in the kitchen area (e.g., large kitchen knives) and dangerous materials in the facility's medical unit (e.g., needles, syringes, and medications). Such procedures shall include identification of dangerous or potentially dangerous materials, proper storage of the materials in locked areas, and a system of inventory with routine counting of the identified materials.
B. Access to the Courts. Defendants shall provide HCDC inmates with effective and meaningful access to the courts. To this end, Defendants shall: 16. Law library. Defendants shall provide inmates with reasonable access to updated legal materials consisting of at least the following materials: a) One set of the Mississippi Code Annotated b) One set of the United States Code Annotated c) One set of West's Federal Practice Digest d) One set of the Mississippi Digest
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e) One volume Black's Law Dictionary f) One volume of current Mississippi Rules of Court g) One volume Federal Civil Procedure Handbook (West's
Federal Rules of Civil Procedure) h) One volume Federal Criminal Procedure Handbook (West's
Federal Rules of Criminal Procedure) i) Handbook in Criminal Law (latest edition), LaFave and
Scott j) Prisoners' Self-help Litigation Manual (latest edition),
Manville D., and Boston, J. k) Constitutional Rights of Prisoners (latest edition),
Palmer, J. 1) Constitutional Rights of the Accused (latest edition),
Cook, J. m) One general guide to legal research "How to Find the
Law" n) One set of West Publishing Company standard forms o) A list of mailing addresses of aTl local government,
state or federal courts with jurisdiction over the inmates p) Copies of any current decrees or other court orders which pertain to operations or conditions of confinement at the jail 17. The aforesaid publications shall be made available to the inmate upon his or her visit to the HCDC law library, which shall be open at least eight hours per day, five days per week.
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The library shall be suitably accomraodated for inmates to conduct manual legal research when direct access is provided. In addition to the foregoing volumes, there shall be provided through the assistance of a trained paralegal professional, on site at the Law Library at least eight hours per day, five days per week, a computer printer combination with CD-ROM capability by which the inmate, upon request, may obtain information set forth in the following publications which will be purchased on CD-ROM:
q) United States Supreme Court Reporter r) Federal Reporter (1980 to date) s) Federal Supplement (1980 to date) t) Southern Reporter (Mississippi cases) u) Federal and U.S. Supreme Court Shepard's Citations v) Until available on CD-ROM, hardbound volumes of the
Shepard's Mississippi Citations will be provided. 18. Inmates will gain access to the law library and the paralegal by completing a request form entitled "Harrison County Sheriff's Department Legal Research Request," attached as Appendix A. The Defendants shall provide a sufficient number of request forms to each area of the HCDC in order that the request forms are available to any inmate who requests one. HCDC staff shall forward completed request forms to the paralegal by no later than the next business day. The paralegal shall, within a reasonable amount of time (e.g. , five days) of receipt of the completed request form, either: 1) provide the innate v/ith
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copies of relevant materials, which may be taken back to the inmate's cell, from preliminary research of the issue presented; or 2) provide the inmate with direct access to the law library. The paralegal shall also provide assistance to inmates in his or her preparation of legal documents or pleadings. Legal materials from the CD-ROM library shall be provided via copies. Any copies of cases will, upon lapse of a reasonable amount of time in the possession of the inmate, be returned to the lav/ library for filing and for potential future use by other inmates presented with the same issue of law.
19. Illiterate inmates shall be provided meaningful access to the courts through the facility paralegal. Such inmates shall request an interview with the paralegal orally through HCDC staff, who shall relay such request directly to the paralegal; whereupon the paralegal shall, within a reasonable amount of time, personally interview the inmate, ascertain the inmate's research request, and assist the inmate in obtaining relevant legal materials and filing meaningful legal.documents, should such documents need to be filed.
20. In the event that an inmate is facing a specific court deadline or statute of limitation, the Defendants shall make reasonable efforts to allow the inmate additional access to the legal materials in the HCDC library.
21. The Defendants shall also provide to any inmate a reasonable amount of paper, envelopes, and writing implements -and sufficient postage for indigent inmates -- regarding legal
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correspondence with attorneys, legal services or assistance organizations, and courts. The Defendants shall provide inmates sufficient photocopying of legal documents to satisfy court procedural requirements and to permit the inmate to retain a single copy of each document. The Defendants shall provide adequate notarial services to inmates.
22. At no cost to the Defendants, inmates shall be permitted to purchase, receive, and maintain in their cells a reasonable amount of soft-bound law books and other legal research materials, to such extent not exceeding legitimate fire safety and security concerns.
C. Medical Care. To ensure adequate medical care is provided to inmates housed at HCDC, Defendants shall provide medical attention and services in accord with currently accepted correctional health care standards. To this end, Defendants shall undertake corrective measures in the following areas. 23. Medical staffing. Defendants shall enhance the current medical care staffing level by hiring or contracting for the services of a full-time licensed and qualified medical professional, e.g., a registered nurse, to ensure adequate onsite services are provided. 24. Screening. Defendants shall continue to ensure all inmates are medically screened by appropriately trained staff and that all screening forms indicating a medical condition are
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reviewed by a qualified medical professional and become part of the inmate's medical record.
25. Sick call. Defendants shall continue to ensure that sick call for inmates is regularly scheduled and conducted by a physician at least three times a week.
26. Physician rounds. Defendants shall continue to ensure that a physician conducts routine rounds of the inmate housing areas, so that each housing unit is visited by the physician at least one (1) time a month.
27. Tuberculosis (TB). In all cases of inmates confined at HCDC for seven days or more, Defendants shall continue their current practice of administering a PPD test for TB with the results of the test forwarded immediately to the facility physician. If the test result is positive, the inmate shall be immediately scheduled for a chest x-ray, with appropriate medical care and attention including isolation to be provided thereafter as indicated.
28. Medication storage. Defendants shall continue to ensure that all medications, particularly injectable medications such as penicillin and insulin, and all dangerous medical supplies are properly stored and maintained in a locked, secure area.
29. Medication administration. Defendants shall ensure that all officers who administer prescription medications to inmates are appropriately trained in medication distribution and in the observance and recognition of dangerous side effects.
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30. Pharmacy. To ensure proper management of

Pharmaceuticals, Defendants shall contract with a pharmacist or

other qualified professional to conduct quarterly reviews of drug

management at HCDC.

31. Trustees in medical unit. Defendants shall ensure that

inmate trustees have no access to inmate medical records, nor any

degree of control over inmate access to medical services.

D. Mental Health Care/Suicide Prevention.

Defendants shall provide adequate mental health services to

HCDC inmates, including adequate suicide prevention measures. To

this end, Defendants shall undertake the following corrective

measures.

32. Staffing. Defendants shall employ a Ph.D. psychologist

to be present at the facility on at least a half-time basis.

Further, a licensed psychiatrist will be available on call, as

needed, for provision of such services as crisis intervention,

diagnosing inmate/patients, medication prescriptions and

renewals, and other consultation (on or off site), as

.

appropriate.

33. Enhancement of services. Defendants shall enhance the

regularity and continuity of mental health care services for

inmates at HDC. Such enhancement shall include the facility

psychologist's review of medical screening forms, assessment and

evaluation of mentally ill and suicidal inmates, communication

with a qualified medical professional to ensure appropriate

inmate medication, and availability of a mental health care

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provider on-call 24 hours a day, seven days a seek, for crisis intervention services. Such enhancement shall also include ensuring availability, either at HCDC or at a local hospital, of psychiatric beds when needed.
34. Suicide prevention program. Defendants shall develop and implement written policies and procedures on suicide prevention and the treatment of special needs inmates, which shall include, but not be limited to, the following:
a), the appropriate housing of all special needs inmates; b) the establishment of two levels of supervision of special needs inmates -- "constant watch" and "close watch". Special needs inmates not identified as currently suicidal shall be assigned to "close watch" supervision and visually monitored by HCDC staff at regular intervals of not more than fifteen minutes; special needs inmates who are currently suicidal shall be assigned to "constant watch"1 supervision and, if not transferred to a local hospital, shall be housed in a medical unit or other appropriately safe environment, and shall be visually monitored at all times by a jail officer. Jail officers shall log all monitoring in a separate suicide watch book; c) the communication of information relating to special needs inmates between and among all HCDC staff members, between arresting and transporting
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officers and HCDC staff, between HCDC staff and jail administration, and between HCDC staff and the special needs inmate; d) the notification by HCDC staff to local or state mental health authorities, for informational purposes only, that a special needs inmate (except intoxicated) has been admitted to the Jail; e) the notification to the special needs inmate's family (except those inmates incarcerated for intoxication) that he or she has been admitted to HCDC; f) the assessment of all special needs inmates as soon as reasonably possible by a qualified mental health professional to assess the inmate's level of suicide risk; g) the establishment of a mechanism by which HCDC staff will communicate with the facility health care providers regarding the status of potentially suicidal inmates or inmates who' have recently, attempted suicide; h) the establishment of a mechanism by which HCDC staff will refer potentially suicidal inmates and inmates who have recently attempted suicide to the facility mental health care providers or other facilities for placement; i) the documentation of all attempted and completed suicides and notification to jail administrators,
' -14-

outside authorities and family members of all attempted and completed suicides; j) the establishment of follow-up and administrative review procedures for all attempted and completed suicides, including the determination of what changes, if any, are needed in the Suicide Prevention Program; 35. Staff training. As part of the jail officer training program required by Section A., subpart 13, herein, Defendants shall ensure that each officer is adequately trained in recognizing common symptoms of mental illness, mental retardation, and suicidal behavior, and is trained in suicide prevention measures. Defendants shall further ensure that each officer is specifically provided, pre-service, with adequate suicide prevention training by a qualified mental health professional to include training regarding: proper officer response to a suicide or suicide attempt, including how to cut down a hanging victim and other first-aid measures; and the highrisk groups and periods for suicides and suicide attempts. 36. Screening. Defendants shall revise its medical screening form to include sufficient inquiry into suicide risk in accordance with professional standards. The mental health and suicide risk portion of the screening questionnaire shall be administered by health trained staff and reviewed by qualified medical or mental health personnel. All such screening forms shall be forwarded to the Medical unit.
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37. Elimination of physical hazards. Defendants shall identify and eliminate all physical hazards, e.g., shower bars or bar grates covering lights, which present a serious risk to suicidal or potentially suicidal inmates.
38. Suicide prevention equipment. Defendants shall purchase and maintain in an area easily accessible to the cellblock appropriate rescue equipment, i.e., a rescue tool for rapid cutting of fibrous materials utilized in attempted hangings, disposable rubber gloves, a CPR pocket mask, and any other equipment Defendants deem appropriate, to ensure that staff can effectively intervene in the event of attempted suicide.
V. TIMING OF COMPLIANCE 39. Except where otherwise specifically indicated, the Defendants shall implement all provisions of this Consent Decree by no later than one year after the signing of the Decree. 40. The Defendants shall, every 90 days following the signing of this Decree,- file with the Court and with copy to the United States a status report stating how'the Defendants are complying with each requirement of this Order. 41. If Defendants fail to timely comply with the requirements of this Consent Decree, the United States shall have the right to seek additional relief from the Court. VI. GENERAL PROVISIONS 42. During all times while the Court maintains jurisdiction over this action, the United States shall have unrestricted access to copies of all documents which relate to the
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implementation of this Decree. The United States shall have unrestricted access to all records and recordings, and to all staff and facilities as necessary to address issues affected by this Decree.
43. The Defendants shall immediately explain the terms of this Decree to all HCDC staff members and other individuals providing services required by this Decree, in order to ensure that they understand the requirements of this Decree and the necessity for its strict compliance. All HCDC staff members and other individuals providing services required by this Decree shall sign a statement indicating that they have read and understood this Decree. Such statement shall be retained by the Defendants. The Defendants shall require strict compliance with this Decree by their respective employees, agencies, assigns, or successors.
44. The parties contemplate that at such time the Defendants have achieved compliance with the terms and objectives of this. Consent Decree, and have maintained such compliance for a sustained period of one year or more, the parties shall jointly move this Court to vacate this Decree and to terminate the Court's jurisdiction over this action. Should Defendants believe that substantial compliance with the terms and objectives of this Consent Decree have been accomplished at any time before this date, Defendants may unilaterally move this Court for termination of this litigation. Defendants shall bear the burden regarding any such unilateral motion to demonstrate by full and convincing
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evidence that Defendants have fully complied with all

requirements of this Decree.

Agreed to by:

COUNSEL FOR THE UNITED STATES:

Date:

, 1994

'DEVAL L. PATRICK

V

Assistant Attorney General

Civil Rights Division

United States Department of

Justice

J-. BRADLEY PIGOTT United States Attorney Southern District of Mississippi

ARTHUR E. P E A B O D Y , £ £ R .

Chief

^

Special Litigation Section

TIMOTHY R, Attorney U.S. Department of Justice Civil Rights Division Special Litigation Section Post Office Box 66400 Washington, D.C. 2 0 035

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COUNSEL FOR DEFENDANTS-HARRISON COUNTY AND HARRISON COUNTY BOARD OF SUPERVISQ.

Date:

/&, , 1994

JOSEPH R. MEADOWS Meadows, Riley, Koenenn & Teel 1720 23rd Avenue P.O. Drawer 55 0 Gulfport, MS 39502

It is hereby Ordered, this

day

., 1994.

UNITED STATES DISTRICT JUDGE

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 (Office of ihn Attarncu (general

CERTIFICATE OF THE ATTORNEY GENERAL

I, Janet Reno, Attorney General of the United States, certify that with regard to the foregoing Complaint, United States v. Harrison County, Mississippi, et al., I have complied with all subsections of 42 U.S.C. §1997b(a)(1). I certify as well that I have complied with all subsections of 42 U.S.C. §1997b(a)(2). I further certify, pursuant to 42 U.S.C. §1997b(a)(3), my belief that this action by the United States is of general public importance and will materially further the vindication of rights, privileges or immunities secured or protected by the Constitution of the United States.

In addition, I certify that I have the "reasonable cause to believe" set forth in 42 U.S.C. §1997a to initiate this action. Finally, I certify that all prerequisites to the initiation of this suit under 42 U.S.C. §1997, et. seq., have been met.

Pursuant to 42 U.S.C. §1997a(c), I have personally signed the foregoing Complaint. Pursuant to 42 U.S.C. §1997b(b), I am personally signing this Certificate.

7 Signed this

day of ,

Washington, D.C.

, 1994, at

JAJ*ET RENO Attorney General
of the United States

U.S. v. Harrison County JC-MS-013-06'6

 
 Case: 1:95-cv-5 As of: 05/27/2016 10:19 AM CDT 1 of 15
CLOSED,JMR
U.S. District Court Southern District of Mississippi (Southern) CIVIL DOCKET FOR CASE #: 1:95−cv−00005−LG−JMR

United States v. Harrison County, et al Assigned to: Chief District Judge Louis Guirola, Jr Referred to: Magistrate Judge John M. Roper Demand: $0 Cause: 28:1345 USA Plaintiff
Plaintiff

Date Filed: 01/06/1995 Date Terminated: 04/15/1999 Jury Demand: None Nature of Suit: 440 Civil Rights: Other Jurisdiction: U.S. Government Plaintiff

United States of America

represented by Crockett Lindsey U. S. ATTORNEY'S OFFICE − Gulfport 1575 20th Avenue Gulfport, MS 39501 228/563−1560 Fax: 228/563−1571 Email: crockett.lindsey@usdoj.gov TERMINATED: 12/26/2013 LEAD ATTORNEY

Joseph Sperber − Federal Gov U. S. DEPARTMENT OF JUSTICE − Civil Rights Division Special Litigation Section Room5030 − PHB Bldg. 601 D−St., N.W. Washington, DC 20004 202/514−6251 Email: Joseph.Sperber@usdoj.gov TERMINATED: 12/01/2013 LEAD ATTORNEY

Shelley R. Jackson − Federal Gov U. S. DEPARTMENT OF JUSTICE 950 Pennsylvania Ave., N.W. Washington, DC 20530 202/305−3373 Fax: 202/514−6273 Email: shelley.jackson@usdoj.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED

T. Russell Nobile − Federal Gov U. S. DEPARTMENT OF JUSTICE − Civil Rights Division 950 Pennsylvania Ave., NW NWB−7247 Washington, DC 20530 202/307−1190 Email: t.russell.nobile@usdoj.gov TERMINATED: 12/01/2013 LEAD ATTORNEY

Christopher N. Cheng U. S. DEPARTMENT OF JUSTICE − CIVIL RIGHTS DIVISION Special Litigation Section 950 Pennsylvania Ave., NW Washington, DC 20530 202/514−8892 Fax: 202/514−4883

Case: 1:95-cv-5 As of: 05/27/2016 10:19 AM CDT 2 of 15
Email: christopher.cheng@usdoj.gov ATTORNEY TO BE NOTICED
Mitzi Dease Paige U. S. ATTORNEY'S OFFICE − Jackson 501 East Court Street Suite 4.430 Jackson, MS 39201 601/973−2840 965−4480 Fax: 601/965−4409 or 4032 Email: Mitzi.paige@usdoj.gov ATTORNEY TO BE NOTICED
William G. Maddox − Federal Gov U. S. DEPARTMENT OF JUSTICE − Civil Rights Division Special Litigation Section Room 5018 − PHB Bldg. 601 D−St., N.W. Washington, DC 20004 202/514−6251 Email: william.maddox@usdoj.gov TERMINATED: 12/01/2013

V.
Intervenor Plaintiff
Terry Williams TERMINATED: 08/12/2006

represented by John H. Whitfield THE LAW OFFICE OF JOHN WHITFIELD P. O. Box 351 Biloxi, MS 39533 228/432−7676 ATTORNEY TO BE NOTICED

V. Defendant Harrison County

represented by Cyril T. Faneca DUKES, DUKES, KEATING &FANECA, PA − Gulfport P.O. Drawer W (39502) 2909 13th Street, 6th Floor Gulfport, MS 39501 (228) 868−1111 Fax: 228/863−2886 Email: Cy@ddkf.com LEAD ATTORNEY ATTORNEY TO BE NOTICED
Joseph R. Meadows MEADOWS LAW FIRM P. O. Box 1076 Gulfport, MS 39502 (228) 868−7717 Fax: (228) 868−7715 Email: jmeadows@datasync.com (Inactive) LEAD ATTORNEY ATTORNEY TO BE NOTICED
David Jeffrey White

Case: 1:95-cv-5 As of: 05/27/2016 10:19 AM CDT 3 of 15

BOYCE HOLLEMAN AND ASSOCIATES, P.A. 1720 23rd Avenue Gulfport, MS 39507 228/863−3142 Fax: 228/863−9829 Email: jeff@boyceholleman.com ATTORNEY TO BE NOTICED

Tim C. Holleman BOYCE HOLLEMAN AND ASSOCIATES, P.A. 1720 23rd Avenue Gulfport, MS 39507 228/863−3142 Fax: 228/863−9829 Email: tim@boyceholleman.com ATTORNEY TO BE NOTICED

Defendant
Sheriff Joe Price in his official capacity

represented by Albert L. Necaise LAW OFFICE OF ALBERT NECAISE P. O. Box 717 Gulfport, MS 39502−0717 228/863−1990 Email: lle@bellsouth.net LEAD ATTORNEY ATTORNEY TO BE NOTICED

William F. Dukes DUKES, DUKES, KEATING &FANECA, PA − Gulfport P.O. Drawer W (39502) 2909 13th Street, 6th Floor Gulfport, MS 39501 228/868−1111 TERMINATED: 01/08/1998 LEAD ATTORNEY

Phillip W. Jarrell DUKES, DUKES, KEATING &FANECA P.O. Drawer W Gulfport, MS 39502−0680 (228) 868−1111 Email: jarrell@ddkf.com TERMINATED: 01/08/1998

Defendant
Capt. Rick Gaston Warden of Harrison County Jail, in his official capacity

Defendant
Robert Eleuterius President of the Harrison County Board of Supervisors, in his official capacity

Defendant
Larry Benefield member of the Harrison County Board of Supervisors, in his official capacity

Case: 1:95-cv-5 As of: 05/27/2016 10:19 AM CDT 4 of 15

Defendant
David LaRosa member of the Harrison County Board of Supervisors, in his official capacity

Defendant
C. T. Switzer, Sr. member of the Harrison County Board of Supervisors, in his official capacity

Defendant
Robin Midcalf member of the Harrison County Board of Supervisors, in his official capacity

Defendant
George Payne, Jr. Sheriff of Harrison County

represented by Mark Wayne Verret ALLEN &GOOCH One Lakeway 3900 N. Causeway Blvd., Suite 1450 Metairie, LA 70002 504/836−5200 Email: markverret@allengooch.com LEAD ATTORNEY ATTORNEY TO BE NOTICED

Cyril T. Faneca (See above for address) TERMINATED: 02/23/2004

Defendant Sheriff Melvin T. Brisolara

represented by Cyril T. Faneca (See above for address) ATTORNEY TO BE NOTICED

Movant Clifton Holifield

represented by Clifton Holifield #199689 Harrison County Adult Detention Center, BB−Floor 8 10451 Larkin Smith Drive Gulfport, MS 39503 PRO SE

Date Filed 01/06/1995
01/06/1995 01/12/1995
05/13/1996

# Docket Text
1 COMPLAINT; Notice of Assignment mailed. (avm) (RLW). (Additional attachment(s) added on 2/6/2015: # 1 Civil Cover Sheet) (RLW). (Entered: 01/06/1995)
Magistrate Judge Assignment to Judge Roper (avm) (Entered: 01/06/1995)
2 CONSENT JUDGMENT as to all parties, re: conditions of confinement at the Harrison County Jail (HCDC) jurisdiction retained 1 year or more . . . SEE JUDGEMENT. ( signed by Judge Walter J. Gex III ); copies mailed. ob 1995 page 45−63(pak) Modified on 04/27/1995 (RLW). (Entered: 01/12/1995)
3 NOTICE of Attorney Appearance for defendant Joe Price by William F. Dukes, Phillip W. Jarrell (pak) (RLW). (Entered: 05/13/1996)

Case: 1:95-cv-5 As of: 05/27/2016 10:19 AM CDT 5 of 15

11/05/1996 01/08/1998 01/08/1998
04/15/1999
04/15/1999 03/24/2000 10/19/2000 04/27/2001 05/04/2001 06/05/2002 07/19/2002 10/24/2002 01/24/2003 05/08/2003 05/29/2003 05/29/2003 06/23/2003 07/17/2003 07/22/2003 07/22/2003

4 Compliance Report by Sheriff Joe Price. (wld) (RLW). (Entered: 11/05/1996)
MOTION ORE TENUS by defendant Joe Price for William Dukes and Phillip Jarrell to Withdraw as Attorney , and to Substitute Attorney Albert Necaise (pak) (Entered: 01/08/1998)
5 ORDER granting [0−0] oral motion to Substitute Attorney Albert Necaise, terminated attorney Phillip W. Jarrell and William F. Dukes for Joe Price; Added Albert L. Necaise, granting [0−0] oral motion for William Dukes and Phillip Jarrell to Withdraw as Attorney ( signed by Magistrate Judge John M. Roper ); copies mailed. (pak) (RLW). (Entered: 01/08/1998)
6 Minute Entry Order: The Clerk of Court is directed to place this cause on the inactive docket of this Court. Any party may move to have the case reinstated on the active docket of this Court if the necessity arises ( signed by Judge Walter J. Gex III ) Copies mailed. (pak) Modified on 04/16/1999 (RLW). (Entered: 04/16/1999)
Case closed (pak) (Entered: 04/16/1999)
7 MOTION (PETITION) by movant Clifton Holifield for Writ of Mandamus (copy to Judge Gex) (pak) (RLW). (Entered: 03/24/2000)
141 Letter from Larry R. Brown, re: conditions of Harrison County Jail. (copy to Judge Roper) (pak) (RLW). (Entered: 10/19/2000)
8 ORDER denying [7−1] motion for Writ of Mandamus. Each party shall bear their respective costs in association with this petition ( signed by Judge Walter J. Gex III ); copies mailed. (pak) (RLW). (Entered: 04/27/2001)
9 Envelope returned by Post Office marked (Refused, Released 6/6/00) containing (Order filed 4/27/01) addressed to Clifton Holifield. (copy to Pro Se Dept) (pak) (Entered: 05/04/2001)
10 STATUS REPORTS of the Harrison County Adult Detention Center for 3rd &4th quarters of 2000, 1st−4th quarters of 2001, and 1st quarter of 2002. (pak) Modified on 07/19/2002 (Entered: 06/05/2002)
11 STATUS REPORTS of the Harrison County Adult Detention Center for the Second Quarter of 2002. (pak) (Entered: 07/19/2002)
12 STATUS REPORT by defendant Harrison County Adult Detention Center for the Third Quarter of 2002. (pak) (Entered: 10/24/2002)
13 STATUS REPORT by defendant Harrison County for the Fourth Quarter of 2002. (pak) (Entered: 01/24/2003)
14 STATUS REPORT by defendant Harrison County for the First Quarter of 2003. (pak) (Entered: 05/08/2003)
15 MOTION by plaintiff United States for Show Cause Order why defendants should not be held in civil contempt. (pak) (Entered: 05/29/2003)
16 AFFIDAVIT (DECLARATION) by of Steve J. Martin in support of, Re: [15−1] motion for Show Cause Order by plaintiff (pak) (Entered: 05/29/2003)
17 MOTION by defendant Harrison County to Extend Time to file Response to Motion for Order to Show Cause. (pak) (Entered: 06/23/2003)
18 RESPONSE by defendant George Payne Jr. to [15−1] motion for Show Cause Order by plaintiff (wld) (Entered: 07/18/2003)
19 STATUS REPORT by defendant Harrison County ADC for the Second Quarter of 2003, pursuant to the Consent Judgment entered in this cause. (wld) (Entered: 07/22/2003)
20 RESPONSE by defendant Harrison County to [15−1] motion for Show Cause Order by plaintiff (wld) (Entered: 07/22/2003)

Case: 1:95-cv-5 As of: 05/27/2016 10:19 AM CDT 6 of 15

07/24/2003 08/07/2003 08/21/2003 08/27/2003
09/02/2003 09/03/2003
09/12/2003
09/29/2003 10/06/2003 10/20/2003 10/20/2003 10/24/2003 10/30/2003 01/30/2004 02/05/2004 02/05/2004 02/05/2004 02/10/2004
02/11/2004

21 REBUTTAL by plaintiff United States to [20−1] motion response by defendant (wld) (Entered: 07/24/2003)
22 MOTION by defendant George Payne Jr. to Extend Time to file response outside of the prescribed time (rlw) (Entered: 08/08/2003)
23 Supplement by United States to [16−1] affidavit by Steve Martin. (spc) (Entered: 08/22/2003)
24 ORDER granting [22−1] motion to Extend Time. The receipt and filing of Sheriff George Payne, Jr.'s Response to Motion for Order to Show Cause, filed July 17, 2003, is permitted. ( signed by Judge Walter J. Gex III ); copies mailed. (msd) (Entered: 08/28/2003)
25 MOTION by defendant Harrison County for Leave to File Response Outside the Prescribed Time (rlw) (Entered: 09/02/2003)
26 Envelope returned by Post Office marked (Return to Sender, Released) containing (Copy of Order Permitting Sheriff to File Response to Show Cause Motion Outside the Prescribed Time for Filing) addressed to Clifton Holifield (jch) (Entered: 09/03/2003)
27 Envelope returned by Post Office marked (moved, not forwardable) containing (Order dated 8−27−03) addressed to United States (William G. Maddox, Esq. U.S. Dept. of Justice, Civil Rights Division, P.O. Box 66400, Washington, DC 20035−6400) (rlw) (Entered: 09/12/2003)
28 ORDER granting [25−1] motion for Leave to File Response Outside the Prescribed Time ( signed by Judge Walter J. Gex III ); copies mailed. (rlw) (Entered: 09/29/2003)
29 Envelope returned by Post Office marked refused, containing Order dated 9/29/03 addressed to Clifton Holifield (rlw) (Entered: 10/06/2003)
30 MOTION by defendant Harrison County to Amend Answer (msd) (Entered: 10/21/2003)
31 NOTICE of Hearing: On Motion to Amend. (msd) (Entered: 10/21/2003)
32 STATUS REPORT by Harrison County Adult Detention Center for the Third Quarter of 2003, pursuant to the Consent Judgment entered in this cause. (wld) (Entered: 10/24/2003)
33 Envelope returned by Post Office marked Moved, not forwardable containing Order granting permission for out of time filing addressed to United States Department of Justice, Civil Rights Division. (msd) (Entered: 10/30/2003)
34 REPORT TO THE COURT pursuant to the Consent Judgment entered in this cause by defendant Harrison County (jch) (Entered: 01/30/2004)
35 AFFIDAVIT by defendant George Payne Jr. Re: [18−1] motion response by defendant (rlw) (Entered: 02/05/2004)
36 Minute Entry Order: mooting [17−1] motion to Extend Time, in light of previous Order allowing Defendants to file an out of time response. (signed by Judge Walter J. Gex III) Copies mailed. (jch) (Entered: 02/06/2004)
37 ORDER granting [30−1] motion to Amend Answer, reset Answer deadline to 2/12/04 for Harrison County ( signed by Judge Walter J. Gex III ); copies mailed. (jch) Modified on 02/06/2004 (Entered: 02/06/2004)
38 Minute Entry Order: This matter is set for status conference Thursday, 2/6/04 at 1:00 p.m. The parties shall report to Room 806, the Dan M. Russell, Jr. United States Courthouse, 2012 15th Street, Gulfport, MS ( signed by Judge Walter J. Gex III ); copies mailed. (rlw) (Entered: 02/11/2004)
39 Corrected Minute Entry Order: set Status Conference for 1:00 2/26/04 ( signed by Judge Walter J. Gex III ); copies mailed. (rlw) (Entered: 02/11/2004)

Case: 1:95-cv-5 As of: 05/27/2016 10:19 AM CDT 7 of 15

02/12/2004 02/13/2004 02/17/2004 02/17/2004 02/18/2004 02/23/2004 02/23/2004 02/26/2004 02/26/2004 03/01/2004 03/03/2004 03/04/2004 03/05/2004 03/08/2004 03/11/2004 03/12/2004 03/12/2004 03/25/2004
03/25/2004

40 RESPONSE by defendant Harrison County to [15−1] motion for Show Cause Order by plaintiff. (msd) (Entered: 02/12/2004)
41 Envelope returned by Post Office marked (Refused, no longer at this address) containing (Minute Entry Order and Order) addressed to Clifton Holifield (jch) (Entered: 02/13/2004)
42 Envelope returned by Post Office marked (Not Here, Return to Sender) containing (Minute Entry Order) addressed to Clifton Holifield (jch) (Entered: 02/17/2004)
43 MOTION by defendant George Payne Jr. for Cy Faneca to Withdraw as Attorney (msd) (Entered: 02/17/2004)
44 NOTICE of Attorney Appearance for defendant George Payne Jr. by Mark Wayne Verret. (msd) (Entered: 02/19/2004)
45 ORDER granting [43−1] motion for Cy Faneca to Withdraw as Attorney (Terminated attorney Cyril T. Faneca for George Payne ( signed by Judge Walter J. Gex III ); copies mailed. (rlw) (Entered: 02/23/2004)
46 Envelope returned by Post Office marked "Return to Sender" containing Orders of 2/5/04 addressed to William G. Maddox, Attorney for the United States. (spc) (Entered: 02/23/2004)
47 Minute Entry Order: reset Status Conference for 2:00 3/23/04 ( signed by Judge Walter J. Gex III ); copies mailed mailed. (rlw) (Entered: 02/26/2004)
48 Envelope returned by Post Office marked refused, return to sender containing corrected minute entry order dated 2/11/04 addressed to Clifton Holifield (rlw) (Entered: 02/26/2004)
49 Envelope returned by Post Office marked Refused−Return to sender containing an order permitting counsel to withdraw addressed to Clifton Holifield. (msd) (Entered: 03/01/2004)
50 Envelope returned by Post Office marked Released−Return to Sender containing a Minute Entry Order addressed to Clifton Holifield. (msd) (Entered: 03/03/2004)
51 Motion of George Verrett to enroll as counsel and Request for Notice as counsel of record for George Payne in his official capacity as Sheriff of Harrison County, MS. (msd) Modified on 03/05/2004 (Entered: 03/04/2004)
52 ORDER granting [51−1] motion to enroll. Ordered that Mark W. Verret be enrolled as counsel for defendant George Payne, Jr. ( signed by Judge Walter J. Gex III ); copies mailed. (spc) (Entered: 03/05/2004)
53 Envelope returned by Post Office marked (Returned to Sender, Moved left no forwarding address) containing (Corrected Minute Entry Order) addressed to United States (jch) (Entered: 03/08/2004)
54 Envelope returned by Post Office marked refused, released to MS Dept. of Corrections containing Order dated 3/5/04 addressed to Clifton Holifield (rlw) (Entered: 03/11/2004)
55 Envelope returned by Post Office marked (Returned to Sender) containing (Order Permitting Counsel to Withdraw) addressed to United States (jch) (Entered: 03/12/2004)
56 Envelope returned by Post Office marked moved, not forwardable containing Minute Entry Order addressed to William G. Maddox, Esq. (msd) (Entered: 03/12/2004)
57 Minute entry: Status Conference held before Judge Gex on March 23,2004, on pending Motion for Contempt. The motion for contempt will be stayed at this time and this case will be closed upon the Court's docket for statistical purposes. (jch) (Entered: 03/26/2004)
58 Minute Entry Order: The motion for contempt will be stayed at this time, and this cause will be closed upon the Court's docket for statistical purposes. Should the defendant fail to hire the required employees as specified, the United States may

Case: 1:95-cv-5 As of: 05/27/2016 10:19 AM CDT 8 of 15

03/25/2004 04/01/2004
04/15/2004 06/18/2004 07/13/2004 07/19/2004 08/12/2004 09/03/2004 09/09/2004 09/13/2004 09/20/2004 10/14/2004 10/18/2004 01/18/2005
04/13/2005 07/25/2005
07/26/2005 07/26/2005 07/26/2005 07/26/2005 07/26/2005

move to reinstate this cause and its motion for contempt on the active docket of this court. (signed by Judge Walter J. Gex III ) Copies mailed. (jch) (Entered: 03/26/2004)
Status Conference held on 3/23/04 before Judge Gex. (jch) (Entered: 03/26/2004)
59 Envelope returned by Post Office marked "refused" containing minute entry order filed 3/25/04 addressed to Clifton Holifield, #199689, Harrison County ADC, BB−Floor 8 10451 Larkin Smith Drive, Gulfport, MS 39503. (wld) (Entered: 04/01/2004)
60 STATUS REPORT by defendant Harrison County Adult Detention Center for the First Quarter of 2004. (wld) (Entered: 04/15/2004)
Letter to Judge Gex from George H. Payne, Jr. re: progress on hiring new correctional officers. (wld) (Entered: 06/18/2004)
Letter to Judge Gex from George H. Payne, Jr. re: status of hiring new Correctional Officers. (wld) (Entered: 07/13/2004)
61 STATUS REPORT for the Second Quarter of 2004 by defendant Harrison County ADC (wld) (Entered: 07/19/2004)
Letter to Judge Gex from George H. payne, Jr. re: status of hiring new Correction Officers. (wld) (Entered: 08/12/2004)
Letter to Judge Gex from Sheriff Payne, dated 9/1/04 re: progress on hiring new corrections officers. (avm) (Entered: 09/03/2004)
Letter to Judge Gex from George Payne dated May 3, 2004, re: status on hiring new Correctional Officers. (wld) (Entered: 09/09/2004)
62 Envelope returned by Post Office marked "Return to Sender, Refused" containing letter filed 9/2/04 addressed to Clifton Holifield (wld) (Entered: 09/13/2004)
63 Envelope returned by Post Office marked return to sender containing letter filed 9/9/04 addressed to Clifton Holifield (wld) (Entered: 09/20/2004)
64 STATUS REPORT by defendant Harrison County ADC for the third quarter of 2004. (wld) (Entered: 10/15/2004)
65 STATUS REPORT by defendant George Payne Jr. (wld). Modified on 4/2/2015 (only 1 page report) (RLW). (Entered: 10/18/2004)
66 STATUS REPORT for the Fourth Quarter of 2004 by Harrison County Adult Detention Center. (report maintained in Court file) (Duggan, Wendy) (Entered: 01/18/2005)
67 STATUS REPORT by Harrison County ADC for first quarter of 2005. (report maintained in Court file) (WD ) (Entered: 04/13/2005)
68 STATUS REPORT with additional attachments to be sent separately by George Payne, Jr, Rick Gaston. (Attachments: # 1 # 2)(Faneca, Cyril) (Entered: 07/25/2005)
69 STATUS REPORT Attachment 3a by George Payne, Jr, Rick Gaston. (Faneca, Cyril) (Entered: 07/26/2005)
70 STATUS REPORT Attachment 3b by George Payne, Jr, Rick Gaston. (Faneca, Cyril) (Entered: 07/26/2005)
71 STATUS REPORT Attachment 4a by George Payne, Jr, Rick Gaston. (Faneca, Cyril) (Entered: 07/26/2005)
72 STATUS REPORT Attachment 4b by George Payne, Jr, Rick Gaston. (Faneca, Cyril) (Entered: 07/26/2005)
73 STATUS REPORT Attachment 5a by George Payne, Jr, Rick Gaston. (Faneca, Cyril) (Entered: 07/26/2005)

Case: 1:95-cv-5 As of: 05/27/2016 10:19 AM CDT 9 of 15

07/26/2005 07/26/2005 07/26/2005 07/26/2005 07/26/2005 07/26/2005 07/26/2005 07/27/2005 10/26/2005 02/07/2006 04/13/2006 07/13/2006 08/10/2006 08/12/2006
09/13/2006 10/12/2006 10/12/2006
10/25/2006 01/22/2007

74 STATUS REPORT Attachment 5b by George Payne, Jr, Rick Gaston. (Faneca, Cyril) (Entered: 07/26/2005)
75 STATUS REPORT Attachment 6a by George Payne, Jr, Rick Gaston. (Faneca, Cyril) (Entered: 07/26/2005)
76 STATUS REPORT Attachment 6b by George Payne, Jr, Rick Gaston. (Faneca, Cyril) (Entered: 07/26/2005)
77 STATUS REPORT Attachment 6c by George Payne, Jr, Rick Gaston. (Faneca, Cyril) (Entered: 07/26/2005)
78 STATUS REPORT Attachment 7a by George Payne, Jr, Rick Gaston. (Faneca, Cyril) (Entered: 07/26/2005)
79 STATUS REPORT Attachment 7b by George Payne, Jr, Rick Gaston. (Faneca, Cyril) (Entered: 07/26/2005)
80 STATUS REPORT Attachment 8 by George Payne, Jr, Rick Gaston. (Faneca, Cyril) (Entered: 07/26/2005)
DOCKET ANNOTATION as to #68−80. These documents are all one status report. Attorney advised to file as one document with numerous attachments in the future. (WD ) (Entered: 07/27/2005)
81 STATUS REPORT by Harrison County ADC for the Third Quarter of 2005. (WD ) (Entered: 10/26/2005)
82 SATISFACTION OF JUDGMENT filed by George Payne, Jr. (Attachments: # 1 # 2 # 3 # 4 # 5 # 6 # 7 # 8)(Faneca, Cyril) (Entered: 02/07/2006)
83 STATUS REPORT for the 1st Qtr of 2006 by George Payne, Jr, Rick Gaston. (Attachments: # 1 # 2 # 3 # 4 # 5 # 6 # 7 # 8)(Faneca, Cyril) (Entered: 04/13/2006)
84 SATISFACTION OF JUDGMENT filed by George Payne, Jr, Rick Gaston. (Attachments: # 1 # 2 # 3 # 4 # 5 # 6 # 7 # 8 # 9 # 10 # 11 # 12)(Faneca, Cyril) (Entered: 07/13/2006)
85 MOTION to Intervene by Terry Williams. (Attachments: # 1 Exhibit Exhibit A# 2 Exhibit Exhibit B)(Whitfield, John) (Entered: 08/10/2006)
TEXT ONLY ORDER denying the Estate of Terry Williams 85 motion for status conference for lack of standing. Although counsel for the Estate erroneously termed the motion as one for intervention by the Estate when docketing the motion via CM/ECF, the motion is, in fact, a motion for status conference brought by a non−party to the original action which has long since been closed on the docket of this Court. No further written order shall issue . Signed by Judge Walter J. Gex III on August 12, 2006. (Gex, Kathleen) (Entered: 08/12/2006)
86 Mail Returned as Undeliverable. Mail sent to Clifton Holifield containing Notice of Electronic Filing to Text Only Order filed 8/12/06. (wd ) (Entered: 09/13/2006)
87 STATUS REPORT by George Payne, Jr, Rick Gaston. (Attachments: # 1 # 2 # 3 # 4 # 5 # 6 # 7 # 8 # 9 # 10)(Faneca, Cyril) (Entered: 10/12/2006)
88 TEXT ONLY ORDER: Upon review of Defendant's quarterly status report (Ct. R. Doc. 87), and noting the number of employment vacancies at the detention center, Defendant shall file within ten business days, or by no later than October 26, 2006, a supplemental quarterly report explaining the vacancies and advising the Court of Defendant's plan currently in place to fill those vacancies, including, but not limited to, the number of applicants, number of applicants interviewed, number of hires, etc. No further written order shall issue . Signed by Judge Walter J. Gex III on October 12, 2006. (Gex, Kathleen) (Entered: 10/12/2006)
89 STATUS REPORT Addendum by George Payne, Jr, Rick Gaston. (Attachments: # 1 # 2)(Faneca, Cyril) (Entered: 10/25/2006)
90 STATUS REPORT of the Harrison County Adult Detention Center for the 4th Qtr of 2006 by George Payne, Jr. (Attachments: # 1)(Faneca, Cyril) (Entered: 01/22/2007)

Case: 1:95-cv-5 As of: 05/27/2016 10:19 AM CDT 10 of 15

01/22/2007 01/22/2007 01/22/2007 01/22/2007 01/24/2007
01/30/2007 01/30/2007 04/20/2007 04/20/2007 04/23/2007
04/24/2007 07/11/2007 10/11/2007 01/15/2008

91 ATTACHMENT re 90 Status Report of the Harrison County Adult Detention Center for the 4th Qtr of 2006 by George Payne, Jr. (Faneca, Cyril) (Entered: 01/22/2007)
92 ATTACHMENT re 90 Status Report of the Harrison County Adult Detention Center for the 4th Qtr of 2006 by George Payne, Jr. (Attachments: # 1)(Faneca, Cyril) (Entered: 01/22/2007)
93 ATTACHMENT re 90 Status Report of Harrison County Adult Detention Center for the 4th Qtr of 2006 by George Payne, Jr. (Attachments: # 1)(Faneca, Cyril) (Entered: 01/22/2007)
94 ATTACHMENT re 90 Status Report of the Harrison County Adult Detention Center for the 4th Qtr of 2006 by George Payne, Jr. (Attachments: # 1)(Faneca, Cyril) (Entered: 01/22/2007)
TEXT ONLY ORDER regarding the 90 Status Report filed by George Payne, Jr., and all attachments [91, 92, 93 and 94] thereto: Upon review of Defendant's quarterly status report the Court notes the lack of a narative or explanation of the charts and data filed as a quarterly report. Defendant shall file within five business days, or by no later than January 31, 2007, a supplemental quarterly report explaining the vacancies and advising the Court of Defendant's progress in filling the vacancies since the filing of Defendant's last quarterly report, including, but not limited to, the number of applicants, number of applicants interviewed, number of hires, etc. This summarization shall be filed with all future reporting documentation. No further written order shall issue. Signed by Judge Walter J. Gex III on January 24, 2007. (Gex, Kathleen) (Entered: 01/24/2007)
95 STATUS REPORT Supplement of the Harrison County Adult Detention Center for the 4th Qtr of 2006 by George Payne, Jr. (Attachments: # 1)(Faneca, Cyril) (Entered: 01/30/2007)
96 STATUS REPORT Supplement to the 4th Qtr 2006 Report of the Harrison County Adult Detention Center (corrected date on letter to Judge Gex) by George Payne, Jr. (Attachments: # 1)(Faneca, Cyril) (Entered: 01/30/2007)
97 STATUS REPORT for the 1st quarter of 2007 by George Payne, Jr. (Attachments: # 1 # 2 # 3 # 4)(Faneca, Cyril) (Entered: 04/20/2007)
98 ATTACHMENT re 97 Status Report of 1st Quarter of 2007 by George Payne, Jr. (Attachments: # 1 # 2 # 3 # 4 # 5)(Faneca, Cyril) (Entered: 04/20/2007)
99 TEXT ONLY ORDER regarding the Status Report 97 filed by George Payne, Jr., and the attachment 98 thereto: Once again, though initially and repeatedly ordered to comply, Defendant's quarterly status report lacks a narative or explanation of the charts and data filed. UNTIL FURTHER ORDER OF THIS COURT DIRECTING OTHERWISE, Defendant shall file within five business days, or by no later than April 30, 2007, a supplemental quarterly report explaining the current jail conditions, including, but not limited to, the number of inmates, personnel, applicants, number of applicants interviewed, number of hires, etc. As previously stated in this Court's orders, THIS SUMMARIZATION SHALL BE FILED WITH ALL FUTURE REPORTING DOCUMENTATION. No further written order shall issue. Signed by Judge Walter J. Gex III on April 23, 2007. (Gex, Kathleen) (Entered: 04/23/2007)
100 STATUS REPORT Supplement to 1st Quarter Status Report by George Payne, Jr. (Attachments: # 1)(Faneca, Cyril) (Entered: 04/24/2007)
101 STATUS REPORT of the Harrison County Adult Detention Facility for the 2nd Qtr of 2007 by George Payne, Jr (Attachments: # 1 # 2 # 3 # 4 # 5 # 6 # 7 # 8 # 9 # 10 # 11 # 12 # 13 # 14 # 15 # 16 # 17 # 18)(Faneca, Cyril) (Entered: 07/11/2007)
102 STATUS REPORT for 3rd Qtr of 2007 by George Payne, Jr (Attachments: # 1 # 2 # 3 # 4 # 5 # 6 # 7 # 8 # 9 # 10 # 11 # 12 # 13)(Faneca, Cyril) (Entered: 10/11/2007)
103 STATUS REPORT for the 4th Qtr of 2007 by George Payne, Jr (Attachments: # 1 Supplement, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit, # 6 Exhibit, # 7

Case: 1:95-cv-5 As of: 05/27/2016 10:19 AM CDT 11 of 15

04/16/2008 07/28/2008 10/29/2008 02/27/2009
04/29/2009
07/29/2009

Exhibit, # 8 Exhibit, # 9 Exhibit, # 10 Exhibit, # 11 Exhibit, # 12 Exhibit, # 13 Exhibit, # 14 Exhibit, # 15 Exhibit, # 16 Exhibit)(Faneca, Cyril) (Entered: 01/15/2008)
104 STATUS REPORT of Harrison County Adult Detention Center for First Quarter of 2008 by Melvin T. Brisolara (Attachments: # 1 Supplement, # 2 Supplement, # 3 Record Index, # 4 Exhibit, # 5 Exhibit, # 6 Exhibit, # 7 Exhibit, # 8 Exhibit, # 9 Exhibit, # 10 Exhibit, # 11 Exhibit, # 12 Exhibit, # 13 Exhibit, # 14 Exhibit, # 15 Exhibit, # 16 Exhibit, # 17 Exhibit, # 18 Exhibit)(Faneca, Cyril) (Entered: 04/16/2008)
105 STATUS REPORT of Harrison County Adult Detention Center for Second Quarter of 2008 by Melvin T. Brisolara (Attachments: # 1 Supplement, # 2 Supplement, # 3 Exhibit Records Index, # 4 Exhibit 1, # 5 Exhibit 2, # 6 Exhibit 3, # 7 Exhibit 4, # 8 Exhibit 5, # 9 Exhibit 6, # 10 Exhibit 7, # 11 Exhibit 8, # 12 Exhibit 9, # 13 Exhibit 10, # 14 Exhibit 11, # 15 Exhibit 12, # 16 Exhibit 13, # 17 Exhibit 14 − part 1, # 18 Exhibit 14 − part 2, # 19 Exhibit 14 − part 3, # 20 Exhibit 15)(Faneca, Cyril) (Entered: 07/28/2008)
106 STATUS REPORT of Harrison County Adult Detention Center for 3rd Quarter, 2008 by Melvin T. Brisolara (Attachments: # 1 Supplement No 1, # 2 Supplement No 2, # 3 Exhibit Records Index, # 4 Exhibit 1, # 5 Exhibit 2, # 6 Exhibit 3, # 7 Exhibit 4, # 8 Exhibit 5, # 9 Exhibit 6, # 10 Exhibit 7, # 11 Exhibit 8, # 12 Exhibit 9, # 13 Exhibit 10, # 14 Exhibit 11, # 15 Exhibit 12, # 16 Exhibit 13, # 17 Exhibit 14, # 18 Exhibit 15, Part 1, # 19 Exhibit 15, Part 2, # 20 Exhibit 15, Part 3, # 21 Exhibit 16, Part 1, # 22 Exhibit 16, Part 2, # 23 Exhibit 16, Part 3)(Faneca, Cyril) (Entered: 10/29/2008)
107 STATUS REPORT 4th Quarter 2008 by Melvin T. Brisolara (Attachments: # 1 Supplement Letter to Clerk, # 2 Supplement Letter to Judge Gex, # 3 Supplement Record Index, # 4 Exhibit Master Roster 12/31/08, # 5 Exhibit Security Statistical Report Oct, Nov, Dec 2008, # 6 Exhibit Support Services October 2008, # 7 Exhibit Support Services November 2008, # 8 Exhibit Support Services December 2008, # 9 Exhibit Grievance Report October 2008, # 10 Exhibit Grievance Report November 2008, # 11 Exhibit Grievance Report December 2008, # 12 Exhibit Discipline Report October 2008, # 13 Exhibit Discipline Report November 2008, # 14 Exhibit Discipline Report December 2008, # 15 Exhibit Inmate Discipline Report Oct 2008, # 16 Exhibit Inmate Discipline Report Nov 2008, # 17 Exhibit Inmate Discipline Report Dec 2008, # 18 Exhibit Post Assignments Oct 2008, # 19 Exhibit Post Assignments Nov. 2008, # 20 Exhibit Post Assignments Dec 2008, # 21 Exhibit Block Accountability Oct 2008, # 22 Exhibit Block Accountability Nov 2008, # 23 Exhibit Block Accountability Dec 2008)(Faneca, Cyril) (Entered: 02/27/2009)
108 STATUS REPORT First Quarter, 2009 by Melvin T. Brisolara (Attachments: # 1 Supplement Letter to Judge Gex, # 2 Supplement Letter from Warden Donald Cabana, # 3 Exhibit Records Index, # 4 Exhibit Current Master Roster, # 5 Exhibit Monthly Security Statistical Report, # 6 Exhibit Programs Department Monthly Report, # 7 Exhibit Programs Dept. Monthly Report, # 8 Exhibit Programs Dept. Monthly Report, # 9 Exhibit January 2009 grievances, # 10 Exhibit February 2009, Grievances, # 11 Exhibit March 2009, Grievances, # 12 Exhibit January 2009, Disciplinary, # 13 Exhibit February 2009, Disciplinary, # 14 Exhibit March 2009, Disciplinary, # 15 Exhibit Post Assignment, # 16 Exhibit Post Assignment Feb., # 17 Exhibit Post Assignment, March, # 18 Exhibit block Accountability Jan, # 19 Exhibit Block Accountability Feb, # 20 Exhibit Block Accountability March)(Faneca, Cyril) (Entered: 04/29/2009)
109 STATUS REPORT 2nd Quarter 2009 by Melvin T. Brisolara (Attachments: # 1 Supplement Letter to Clerk, # 2 Supplement Letter to Judge Gex, # 3 Supplement Record Index, # 4 Exhibit Current Master Roster, # 5 Exhibit Security Reports, # 6 Exhibit Support Services April 2009, # 7 Exhibit Support Services May 2009, # 8 Exhibit Support Services June 2009, # 9 Exhibit Inmate Grievances April 2009, # 10 Exhibit Inmate Grievances May 2009, # 11 Exhibit Inmate Grievances June 2009, # 12 Exhibit Discipline Reports April 2009, # 13 Exhibit Discipline Reports May 2009, # 14 Exhibit Discipline Reports June 2009, # 15 Exhibit Post Assignments April 2009, # 16 Exhibit Post Assignments May 2009, # 17 Exhibit

Case: 1:95-cv-5 As of: 05/27/2016 10:19 AM CDT 12 of 15

10/30/2009 11/23/2009 11/25/2009 02/12/2010 04/28/2010
07/30/2010
10/29/2010
01/28/2011
01/28/2011 02/17/2011

Post Assignments June 2009, # 18 Exhibit Block Accountability Reports)(Faneca, Cyril) (Entered: 07/29/2009)
110 STATUS REPORT for 3rd Quarter 2009 by Melvin T. Brisolara (Attachments: # 1 Supplement, # 2 Supplement, # 3 Supplement, # 4 Supplement, # 5 Supplement, # 6 Supplement, # 7 Supplement, # 8 Supplement, # 9 Exhibit, # 10 Exhibit, # 11 Exhibit, # 12 Exhibit, # 13 Exhibit, # 14 Exhibit, # 15 Exhibit, # 16 Exhibit, # 17 Exhibit, # 18 Exhibit, # 19 Exhibit, # 20 Exhibit, # 21 Exhibit)(Faneca, Cyril) (Entered: 10/30/2009)
111 STATUS REPORT 3rd Quarter 2009 Supplemental Exhibit by Melvin T. Brisolara (Faneca, Cyril) (Entered: 11/23/2009)
DOCKET ANNOTATION as to #111 − This document should have been filed as event code ATTACHMENT and linked the exhibit to document #110 Status Report 3rd Quarter. (document does not have to be refiled) (PKS) (Entered: 11/25/2009)
112 STATUS REPORT for 4th Quarter 2009 by Melvin T. Brisolara (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit, # 6 Exhibit, # 7 Exhibit, # 8 Exhibit, # 9 Exhibit, # 10 Exhibit, # 11 Exhibit)(Faneca, Cyril) (Entered: 02/12/2010)
113 STATUS REPORT 1st Quarter 2010 by Melvin T. Brisolara (Attachments: # 1 Exhibit Letter to Judge Gex, # 2 Exhibit Records Index, # 3 Exhibit Current Master Roster, # 4 Exhibit Monthly Statistical Reports, # 5 Exhibit Support Services for January, # 6 Exhibit Support Services for February, # 7 Exhibit Support Services for March, # 8 Exhibit Discipline Reports for January, # 9 Exhibit Discipline Reports for February, # 10 Exhibit Discipline Reports for March, # 11 Exhibit Grievance Reports Jan, Feb, March, # 12 Exhibit Post Assignments for January, # 13 Exhibit Post Assignments for February, # 14 Exhibit Post Assignments for Mar, # 15 Exhibit Block Accountability)(Faneca, Cyril) (Entered: 04/28/2010)
114 STATUS REPORT for 2nd Quarter 2010 by Melvin T. Brisolara (Attachments: # 1 Exhibit Letter to Judge Gex, # 2 Exhibit Records Index, # 3 Exhibit Master Roster, # 4 Exhibit Statistical Report, # 5 Exhibit Monthly Reports− April, # 6 Exhibit Monthly Reports − May, # 7 Exhibit Monthly Reports − June, # 8 Exhibit Post Assignments − April, # 9 Exhibit Post Assignments − May, # 10 Exhibit Post Assignments − June, # 11 Exhibit Disciplinary Reports − April, # 12 Exhibit Disciplinary Reports − May, # 13 Exhibit Disciplinary Reports − June, # 14 Exhibit Block Accountability)(Faneca, Cyril) (Entered: 07/30/2010)
115 STATUS REPORT by Melvin T. Brisolara (Attachments: # 1 Exhibit Letter to Clerk, # 2 Exhibit Records Index, # 3 Exhibit Current Master Roster, # 4 Exhibit Monthly Statistical Report, # 5 Exhibit Support Services − July, # 6 Exhibit Support Services − Aug, # 7 Exhibit Support Services − Sept, # 8 Exhibit Grievances, # 9 Exhibit Discipline Reports, # 10 Exhibit Inmate Discipline Reports − July, # 11 Exhibit Inmate Discipline Reports − Aug, # 12 Exhibit Inmate Discipline Reports − Sept, # 13 Exhibit Post Assignment − Part 1, # 14 Exhibit Post Assignment − Part 2, # 15 Exhibit Block Accountability)(Faneca, Cyril) (Entered: 10/29/2010)
116 STATUS REPORT by Melvin T. Brisolara (Attachments: # 1 Exhibit Letter to Clerk, # 2 Exhibit Records Index, # 3 Exhibit Quarterly Status Update, # 4 Exhibit Current Master Roster, # 5 Exhibit Monthly Statistical Report Oct Nov Dec, # 6 Exhibit Support Services October, # 7 Exhibit Disciplianry Report October, # 8 Exhibit Support Services November, # 9 Exhibit Disciplinary Report November, # 10 Exhibit Support Services December, # 11 Exhibit Disciplinary Report December, # 12 Exhibit Grievance Report Oct Nov Dec, # 13 Exhibit Request Talley Oct Nov Dec, # 14 Exhibit Post Assignments, # 15 Exhibit Block Accountability)(Faneca, Cyril) (Entered: 01/28/2011)
117 ATTACHMENT re 116 Status Report,, by Melvin T. Brisolara (Faneca, Cyril) (Entered: 01/28/2011)
118 NOTICE of Appearance by Tim C. Holleman on behalf of Harrison County (Holleman, Tim) (Entered: 02/17/2011)

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02/17/2011 05/04/2011
05/06/2011 08/12/2011 11/08/2011 01/18/2012 04/30/2012 07/27/2012 10/25/2012 01/17/2013 04/26/2013 08/15/2013 10/29/2013 11/25/2013 11/25/2013
12/01/2013
12/18/2013

119 NOTICE of Appearance by David Jeffrey White on behalf of Harrison County (White, David) (Entered: 02/17/2011)
120 STATUS REPORT First Quarter 2011 by Melvin T. Brisolara (Attachments: # 1 Exhibit 1 − Letter to Clerk and Record Index, # 2 Exhibit 3− Current Mater Roster, # 3 Exhibit 4− Monthly Security Statistical Report Jan Feb March, # 4 Exhibit 5− Support Services Jan, # 5 Exhibit 6− Support Services Feb, # 6 Exhibit 7− Support Services March, # 7 Exhibit 8− Monthly Grievnace Report Jan Feb March, # 8 Exhibit 9−Monthly Disciplinary Report Jan Feb March, # 9 Exhibit 10− Inmate Disciplinary Report Jan, # 10 Exhibit 11− Inmate DisciplinaryMonthly Report Feb, # 11 Exhibit Inmate Disciplinary Report March, # 12 Exhibit 13− Post Assignments, # 13 Exhibit 14− Classificaiton − Block Accountability − Daily Inmate Accountabliltiy)(Faneca, Cyril) (Entered: 05/04/2011)
121 ATTACHMENT re 120 Status Report,,, by Melvin T. Brisolara (Faneca, Cyril) (Entered: 05/06/2011)
122 STATUS REPORT Second Quarter 2011 by Melvin T. Brisolara (Faneca, Cyril) (Entered: 08/12/2011)
123 STATUS REPORT Third Quarter 2011 by Melvin T. Brisolara (Faneca, Cyril) (Entered: 11/08/2011)
124 STATUS REPORT Fourth Quarter 2011 by Melvin T. Brisolara (Faneca, Cyril) (Entered: 01/18/2012)
125 STATUS REPORT First Quarter 2012 by Melvin T. Brisolara (Faneca, Cyril) (Entered: 04/30/2012)
126 STATUS REPORT Second Quarter 2012 by Melvin T. Brisolara (Faneca, Cyril) (Entered: 07/27/2012)
127 STATUS REPORT Third Quarter 2012 by Melvin T. Brisolara (Faneca, Cyril) (Entered: 10/25/2012)
128 STATUS REPORT by Melvin T. Brisolara (Faneca, Cyril) (Entered: 01/17/2013)
129 STATUS REPORT FIRST QUARTER 2013 by Melvin T. Brisolara (Faneca, Cyril) (Entered: 04/26/2013)
130 STATUS REPORT Second Quarter 2013 by Melvin T. Brisolara (Faneca, Cyril) (Entered: 08/15/2013)
131 STATUS REPORT Third Quarter 2013 by Melvin T. Brisolara (Broom, Haley) (Entered: 10/29/2013)
132 MOTION to Substitute Attorney by United States of America (Attachments: # 1 Proposed Order)(Cheng, Christopher) (Entered: 11/25/2013)
DOCKET ANNOTATION as to # 132. 1.) 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.). 2.) Pursuant to Fed.R.Cr.P. Rule 49(d) and Fed.R.Civ.P. Rule 84, appendix form 2 states that date, signature, address, e−mail address and telephone number are used at the conclusion of pleadings and other papers that require a signature. Document is undated (on respectfully submitted portion), but the date will be construed as the date of electronic filing. Attorney is advised to follow this rule in future filings. (JCH) (Entered: 11/25/2013)
TEXT ONLY ORDER granting the motion 132 to substitute counsel filed by the United States of America [United States]. Christopher M. Chang and Shelley R. Jackson added as counsel for the United States. Joseph Sperber; William G. Maddox and T. Russell Nobile terminated as counsel for the United States. No further written order shall issue. Signed by District Judge Walter J. Gex III on December 1, 2013. (Gex, Walter) (Entered: 12/01/2013)
133 MOTION to Substitute Attorney by United States of America (Paige, Mitzi) (Entered: 12/18/2013)

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12/26/2013
01/27/2014 01/31/2014 05/05/2014 05/09/2014
07/25/2014 10/28/2014 02/03/2015 04/30/2015 07/31/2015 08/11/2015 08/11/2015 08/11/2015 08/11/2015 08/12/2015
08/12/2015
08/12/2015

TEXT ONLY ORDER granting the Motion 133 to Substitute Attorney filed by the United States of America. Attorney Crockett Lindsey terminated as counsel for the United States; Mitzi Dease Page added as counsel for the United States. Signed by District Judge Walter J. Gex III on December 26, 2013. (Gex, Walter) (Entered: 12/26/2013)
134 STATUS REPORT Fourth Quarter 2013 by Melvin T. Brisolara (Broom, Haley) (Entered: 01/27/2014)
135 STATUS REPORT as Amended by Melvin T. Brisolara (Broom, Haley) (Entered: 01/31/2014)
136 STATUS REPORT 1st Quarter 2014 by Melvin T. Brisolara (Broom, Haley) (Entered: 05/05/2014)
137 ORDER REASSIGNING CASE. Case reassigned to Chief District Judge Louis Guirola, Jr. for all further proceedings. District Judge Walter J. Gex, III no longer assigned to case. Signed by District Judge Walter J. Gex, III on 5/9/14 (RLW) (Entered: 05/09/2014)
138 STATUS REPORT by Melvin T. Brisolara (Broom, Haley) (Entered: 07/25/2014)
139 STATUS REPORT by Melvin T. Brisolara (Broom, Haley) (Entered: 10/28/2014)
140 STATUS REPORT (4th Quarter, 2014) by Melvin T. Brisolara (Broom, Haley) (Entered: 02/03/2015)
142 STATUS REPORT by Melvin T. Brisolara (Broom, Haley) (Entered: 04/30/2015)
143 STATUS REPORT by Melvin T. Brisolara (Broom, Haley) (Entered: 07/31/2015)
144 Joint MOTION to Dismiss by Melvin T. Brisolara, Harrison County (Attachments: # 1 Exhibit A − Proposed Order)(Faneca, Cyril) (Entered: 08/11/2015)
145 MEMORANDUM in Support re 144 Joint MOTION to Dismiss filed by Melvin T. Brisolara, Harrison County (Faneca, Cyril) (Entered: 08/11/2015)
146 NOTICE of Endorsement by United States of America re 144 Joint MOTION to Dismiss , 145 Memorandum in Support of Motion (Attachments: # 1 Appendix Certificate of Service)(Cheng, Christopher) (Entered: 08/11/2015)
147 NOTICE of Endorsement by Harrison County re 144 Joint MOTION to Dismiss , 145 Memorandum in Support of Motion (Holleman, Tim) (Entered: 08/11/2015)
DOCKET ANNOTATION as to # 144 and # 145. 1.) Attorney is advised that the correct judge initials for this case are LG−JMR, which should be used all future filings. 2.) These documents are 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. DOCKET ANNOTATION as to # 144. 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.). (JCH) (Entered: 08/12/2015)
DOCKET ANNOTATION as to # 146. 1.) Attorney is advised that the correct judge initials for this case are LG−JMR, which should be used on all future filings. 2.) All future filings should have electronic signatures, not handwritten signatures. 3.) Certificate of Service should not be attached as an Appendix, but as the last page of the main document. Attorney is not required to re−file. (JCH) (Entered: 08/12/2015)
DOCKET ANNOTATION as to # 147. 1.) Pursuant to Fed.R.Cr.P. Rule 49(d) and Fed.R.Civ.P. Rule 84, appendix form 2 states that date, signature, address, e−mail address and telephone number are used at the conclusion of pleadings and other papers that require a signature. Document is undated (on respectfully submitted portion), but the date will be construed as the date of electronic filing. Attorney is advised to follow this rule in future filings.2.) Attorney is advised that the correct

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08/12/2015 08/12/2015 08/12/2015
08/12/2015

judge initials for this case are LG−JMR, which should be used on all future filings. (JCH) (Entered: 08/12/2015)
148 CERTIFICATE OF SERVICE by Melvin T. Brisolara re 144 Joint MOTION to Dismiss (Faneca, Cyril) (Entered: 08/12/2015)
149 CERTIFICATE OF SERVICE by Melvin T. Brisolara re 145 Memorandum in Support of Motion (Faneca, Cyril) (Entered: 08/12/2015)
Minute Entry for proceedings held before Chief District Judge Louis Guirola, Jr: Telephone Conference held on 8/12/2015 regarding Joint Motion to Dismiss. Counsel participating were Christopher Cheng and Mitzi Paige for the United States, and Cy Faneca and Tim Holleman for Harrison County, Mississippi. An order of dismissal will enter. Court Reporter/Transcriber Teri Norton, Telephone Number : 228−563−1748. (Whitsitt, K) (Entered: 08/12/2015)
150 AGREED ORDER OF FINAL DISMISSAL granting 144 Joint Motion to Dismiss. The Consent Judgment entered in this case on 1/12/95, is terminated and this case is dismissed with prejudice, each party to bear its own attorney fees and costs. Signed by Chief District Judge Louis Guirola, Jr. on 8/12/15 (RLW) (Entered: 08/12/2015)