Case 3:14-cv-00568-CWR-FKB Document 1 Filed 07/23/14 Page 1 of 32

SOUTHERN DISTRICT Of MISSISSIPPI
FILED

IN THE UN1TED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF MlSSISSIPPI
JACKSON DIVISION
BY

JUL 23 2014
ARTHUR JOHNSTON OEi'U

PRO-LIFE MISSISSIPPI, DANA

)

CIDSHOLM, ESTER MANN, JOHN

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BREKEEN, LAURA DURAN, DOUG LANE, )

RONALD NEDERHOED, BERKELEY

)

OSTRANDER, and CALVIN ZASTROW,

)

)

Plaintiffs,

)

)

Case No. 3 : 1'-\c.v~LA~ Cw/Z- FKB

v.

)

JURY TRIAL DEMANDED

)

LINDSAY HORTON, individually and in hi s )

official capacity as Chief of Police for the City )

of Jackson, Mississippi; JESSE ROBINSON, )

individually and in his official capacity as an

)

officer for the City of Jackson Mississippi

)

Police Department; JAMES McGOWAN,

)

individually and in his official capacity as an

)

officer for the City of Jackson M ississippi

)

Police Department; MARY JAMES,

)

individually and in her official capacity as an )

officer for the City of Jackson M ississippi

)

Police Department; MARIE HAMPTON,

)

individually and in her official capacity as an )

officer for the City of Jackson Mississippi

)

Police Department; JAMES ROSS,

)

individually and in his official capacity as an

)

officer for the City of Jackson Mississippi

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Police Department; WILLIS THOMAS,

)

individually and in his official capacity as an

)

officer for the City of Jackson Mississippi

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Police Department; UNKNOWN OFFICERS 1 )

- 10, individually and in their official capacity )

as officers for the City of Jackson Mississippi )

Police Department; and the CITY OF

)

JACKSON, MISSISSIPPI,

)

)

Defendants.

)

Case 3:14-cv-00568-CWR-FKB Document 1 Filed 07/23/14 Page 2 of 32
COMPLAINT FOR CIVIL RIGHTS VIOLATIONS, DECLARATORY JUDGMENT, INJUNCTIVE RELIEF, AND DAMAGES
INTRODUCTION 1. This is a civil rights action brought pursuant to 42 U.S.C. § 1983 that challenges specific police misconduct as well as policies, customs, and practices ofthe City of Jackson whereby it continually and systematically infringed, and continues to infringe, upon the free speech rights of citizens by unlawfully arresting, citing, and threatening to arrest such citizens for conduct that is protected by the First and Fourteenth Amendments to the United States Constitution as well as the Constitution ofthe State of Mississippi. 2. Six years ago, this Court, Honorable William H. Barbour, Jr., presiding, entered a consent decree (hereinafter the "Consent Decree") against the City of Jackson, its Chief of Police and various officers, because of the Jackson Police Department's pervasive policy of violating the free speech rights of Plaintiff Pro-Life Mississippi and individual pro-life advocates by discriminatory and unconstitutional enforcement of Mississippi statutes. The Consent Decree prohibited, among other things, the City from "engag[ing] in any act or practice that has the purpose of effect of unlawfully inhibiting the exercise of any person's First Amendment rights on the public sidewalk or right of way," and from "favoring or disfavoring any person or group because of his or its political, religious, or philosophical positions on any issue." The City agreed to "initiate a program of mandatory annual training in First Amendment rights and the response to the exercise of those rights, instructing its law enforcement personnel in respect for such rights." A copy of the Consent Decree is attached hereto as Exhibit A.
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3. Almost exactly one year after the Consent Decree was entered, the City and its police officers resumed their practice of infringing on the rights of Plaintiff Pro-Life Mississippi and others who express a viewpoint unpopular with the city authorities. Under the guise of enforcing laws against obstruction of public sidewalks and disturbing the peace, Jackson police officers have harassed, threatened, cited, and arrested individuals exercising their free speech rights.
4. The unconstitutional practices of the Defendants deprived Plaintiffs of their right to free speech, as well as those of third parties not before the Court. Plaintiffs and others have suffered, are suffering, and will continue to suffer irreparable injury to their First Amendment rights absent the declaratory and injunctive relief sought by this Complaint.
5. By this present action, Plaintiffs seek declaratory relief, damages for past violations of their rights, a finding that the City is in contempt of the Consent Decree, and a permanent injunction carrying specified prospective sanctions against the City sufficient to deter future violations.
JURISDICTION AND VENUE 6. This Court has original jurisdiction over this action pursuant to 28 U.S.C. §§ 1331 and 1343(3) in that the controversy arises under the United States Constitution and under 42 U.S.C. § 1983. The Court has authority to grant the requested relief under 28 U.S.C. § 1343(a)(4) and award attorneys' fees under 42 U.S.C. § 1988. The Court may address the declaratory relief requested pursuant to 28 U.S.C. §§ 2201 and 2202. The Court has jurisdiction over the state law claims pursuant to 28 U.S. C. § 1367.
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7. Venue is proper in the Southern District of Mississippi, Jackson Division pursuant to 28 U.S.C. § 1391(b), because the conduct complained of occurred in this District.
PARTIES 8. Plaintiff Pro-Life Mississippi is a non-profit corporation duly organized and existing under the laws of the State of Mississippi, and is a corporate entity capable of suing and being sued. 9. Plaintiffs Laura Duran ("Duran"), Dana Chisholm ("Chisholm"), Doug Lane ("Lane"), and Berkeley Ostrander ("Ostrander") are citizens of the United States, of the State of Mississippi, are pro-life activists and were participants with Pro-Life Mississippi at the time the events complained of herein occurred. Chisholm is, and was at the time the events complained of herein occurred, also the President of Pro-Life Mississippi. 10. Plaintiff John Brekeen ("Brekeen") is a citizen of the United States and a resident of Mississippi. 11. Plaintiff Ester Mann ("Mann") is a citizen of the United States, a resident of Mississippi, and the Secretary of the Board of Pro-Life Mississippi. 12. Plaintiff Ronald Nederhoed ("Nederhoed") is a citizen of the United States and a resident ofMississippi. 13. Plaintiff Calvin Zastrow ("Zastrow") is a citizen of the United States and a resident of Michigan. 14. Defendant City of Jackson ("the City") is, and at all times herein mentioned was, a municipal corporation organized and existing under the laws of the State of Mississippi, and is a corporate entity capable of suing and being sued. Defendant City maintains and operates the City of Jackson Police Department ("JPD"), which, in the first instance, is responsible for the
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enforcement municipal ordinances and state statutes in the City. 15. Defendant Lindsay Horton ("Horton") was at all times pertinent to this Complaint
the Chief of Police for the Jackson Police Department 16. Jesse Robinson ("Robinson") is, and at all times mentioned herein was, employed
by the City as a sworn police officer with the JPD, and in doing the acts hereinafter described, acted within the course and scope of his authority and employment with the City and pursuant to the official policies, customs, procedures, and usages of the City and was an agent of each ofthe other defendants. He is sued in his individual and official capacity.
17. James McGowan ("McGowan") is, and at all times mentioned herein was, employed by the City as a sworn police officer with the JPD, and in doing the acts hereinafter described, acted within the course and scope of his authority and employment with the City and pursuant to the official policies, customs, procedures, and usages of the City and was an agent of each of the other defendants. He is sued in his individual and official capacity.
18. Marie Hampton ("Hampton") is, and at all times mentioned herein was, employed by the City as a sworn police officer with the JPD, and in doing the acts hereinafter described, acted within the course and scope of her authority and employment with the City and pursuant to the official policies, customs, procedures, and usages of the City and was an agent of each of the other defendants. She is sued in his individual and official capacity.
19. Mary James is, and at all times mentioned herein was, employed by the City as a sworn police officer with the JPD, and in doing the acts hereinafter described, acted within the course and scope of his authority and employment with the City and pursuant to the official policies, customs, procedures, and usages of the City and was an agent of each ofthe other defendants. She is sued in her individual and official capacity.
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20. James Ross is, and at all times mentioned herein was, employed by the City as a sworn police officer with the JPD, and in doing the acts hereinafter described, acted within the course and scope of his authority and employment with the City and pursuant to the official policies, customs, procedures, and usages of the City and was an agent of each of the other defendants. He is sued in his individual and official capacity.
21. Willis Thomas is, and at all times mentioned herein was, employed by the City as a sworn police officer with the JPD, and in doing the acts hereinafter described, acted within the course and scope of his authority and employment with the City and pursuant to the official policies, customs, procedures, and usages of the City and was an agent of each of the other defendants. He is sued in his individual and official capacity.
22. Unknown Officers 1-10 at all times mentioned herein were employed by the City as sworn police officers with the JPD, and in doing the acts hereinafter described acted within the course and scope of their authority and employment with the City and pursuant to the official policies, customs, procedures, and usages of the City and were agents of each of the other defendants. They are sued in their individual and official capacities.
ALLEGATIONS OF FACT 23. Plaintiffs were participants with Pro-Life Mississippi at the time the events herein described took place. 24. Pro-Life Mississippi is a Christian pro-life activism organization dedicated to educating the citizens of Mississippi about the sanctity of human life and the dangers of abortion. Through the use of rallies, signs, educational literature and intelligent public debate, Pro-Life Mississippi challenges the citizens of Mississippi to come to understand the dangers of abortion and injuries the practice causes, not only upon individuals but also upon American social and
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political life. Pro-Life Mississippi's purpose is to inform and persuade concerning this matter of great social, political, and religious interest.
25. Since 1996, Pro-Life Mississippi has held rallies on the public ways of the City including at or near the abortion clinic self-titled as the Jackson Women's Health Organization (hereinafter "JWHO") located at 2903 North State Street. During such rallies, Plaintiffs and members and supporters of Pro-Life Mississippi express their views on abortion, pray, and sing. As part of this peaceful pro-life advocacy, members of Pro-Life Mississippi offer literature and sidewalk counseling to persons approaching the clinic by way of said public ways, streets, and sidewalks. This is done in an effort to persuade women not to abort their unborn babies by offering alternatives to abortion, including adoption, advice, and emotional support.
26. Plaintiffs and other participants with Pro-Life Mississippi regularly stand, walk, hold signs, hand out literature, sit, speak to passersby, and sidewalk counsel on the public sidewalks and public right of ways around and near the JWHO. Plaintiffs locate themselves so as to convey their message to women entering the facility and to passersby, but they do not obstruct or interfere with the free passage of pedestrians or patients on the public roads, right-of-ways, or sidewalks.
27. For years, dating back to before 1996, JPD has harassed pro-life demonstrators and street preachers on the public ways of the City by citation, arrest, and threats of same on trumped up charges such as violating City ordinances (such as noise, signs, obstructing sidewalks ordinances) and State statutes (such as disorderly conduct, disturbing the peace, trespassing, or obstructing traffic statutes). Often, JPD officers have cited or arrested demonstrators and street preachers only to have the charges dropped or dismissed before trial. On the few occasions when these cases have actually gone to trial, the pro-life demonstrators and street preachers have often
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been found not guilty. 28. In 2006, Pro-Life Mississippi sought the protection of this Court, asking for
damages and for an injunction to enjoin the discriminatory and content-based enforcement of City ordinances and state statutes against free-speech activities ofPro-Life Mississippi members and supporters. A copy of the referenced complaint is attached hereto as Exhibit "B." In response, the City agreed to cease its unconstitutional enforcement actions and agreed to this Court's Consent Decree (Exhibit "A" attached hereto) ordering cessation of such unconstitutional enforcement actions as consideration for settling Pro-Life Mississippi's complaint and request for injunction.
29. In violation of both the letter and the spirit ofthe Consent Decree, the City, through its police department and officers, has continued to violate the Constitutional rights of supporters and members ofPro-Life Mississippi. Selected examples of the City's continued unconstitutional enforcement follow:
30. In or about April2009, JPD commander Kenneth Goodrum threatened Pro-Life Mississippi supporter Bryan Logan with arrest because Mr. Logan was letting his pro-life sign rest on the public sidewalk near JWHO- not because Mr. Logan's sign was left unattended or unsupervised (the sign was attended at all times) but simply because the sign was resting on the sidewalk by Mr. Logan. Commander Goodrum said that such signs must be held by the speaker at all times. There is no statute or ordinance that imposes such a requirement. This threat by Commander Goodrum was clearly content based, unconstitutional interference with Mr. Logan's exercise ofFirst Amendment rights. JPD officers do not enforce any City ordinance or state statute to interfere with numerous other speakers who let their signs rest on public sidewalks in the City of Jackson.
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31. Also, in or about April2009, unknown Jackson police officers threatened Pro-Life Mississippi supporter Roy McMillan with arrest because Mr. McMillan was allowing his pro-life sign to rest on the public sidewalk near JWHO. Mr. McMjJian had constructed his sign in a sandwich-board style that could stand alone on the sidewalk. The threat by these Jackson police officers was clearly a content based, unconstitutional interference with Mr. McMillan's exercise of First Amendment rights. JPD officers do not enforce any City ordinance or state statute to interfere with numerous other speakers who place sandwich board style signs on City sidewalks.
32. By letter dated April23, 2009, Pro-Life Mssissippi called the foregoing violations of the Consent Decree to the attention of Commander Goodrum and demanded that such violations cease. Attached hereto as Exhibit C is a copy of this letter. The violations did not cease.
33. On or about April28, 2010, JPD officer Rosemary Harper (one ofthe named defendants in the 2006 case from which the Consent Decree came) threatened Pro-Life Mississippi supporter Roy McMillan with arrest for "disturbing the peace" unless Mr. McMillan stopped passing out pro-life pamphlets and talking to persons passing by him on the public sidewalk near JWHO.
34. In or about July 2010, the City of Jackson police and attorneys prosecuted Mr. McMillan for violation of the City's sign ordinance because Mr. Milan had allowed his pro-life sign to rest on the sidewalk near JWHO. These charges against Mr. McMillan were dismissed by the Municipal Court.
35. On many days in 2011, specifically including every Thursday and Friday in June 2011, JPD officers threatened supporters of Pro-Life Mississippi who were holding signs on the public sidewalk near JWHO and talking to persons walking nearby. The officers threatened to
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arrest these supporters on charges of disturbing the peace. 36. In or about October 2012, JPD officers threatened to arrest Plaintiff Ester Mann
and other supporters ofPro-Life Mississippi for holding pro-life signs while standing on the public sidewalk near JWHO.
37. On February 28, 2013, Plaintiff Ester Mann was holding a pro-life sign, letting it rest beside her on the public sidewalk near JWHO when Defendant Jesse Robinson approached with other officers ordering that Mann be arrested. Defendant McGowan arrested Mann and charged her with obstructing a public sidewalk in violation ofMississippi Code§ 97-35-25. Mann was not obstructing the sidewalk. The public sidewalk at that location was wide enough to accommodate Mann, her sign, and any passersby who might come by, though in fact there were virtually no passersby at the time. After having to appear in court for arraignment and three different trial settings, the City of Jackson Municipal Court dismissed the charges on November 25, 2013.
38. On February 28, 2013, Plaintiff John Brekeen was holding a pro-life sign, letting it rest beside him on the public sidewalk near JWHO. Defendant McGowan and other unknown officers arrested Brekeen and charged him with obstructing a public sidewalk in violation of Mississippi Code§ 97-35-25. Brekeen was not obstructing the sidewalk. The public sidewalk at that location was wide enough to accommodate Brekeen, her sign, and any passersby who might come by, though in fact there were virtually no passersby at the time. After having to appear in court for arraignment and three different trial settings, the City of Jackson Municipal Court dismissed the charges on November 25, 2013.
39. On March 1, 2013, Plaintiff Calvin Zastrow was holding a pro-life sign, letting it rest beside him on the public sidewalk near JWHO. Defendant McGowan and JPD officers
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James Ross and Willis Thomas arrested Zastrow and charged him with obstructing a public sidewalk in violation of Mississippi Code§ 97-35-25. McGowan, James Ross, and Willis Thomas also seized and took possession ofZastrow's pro-life sign. Zastrow was Constitutionally entitled to use the public sidewalk to stand, hold signs, and exercise his First Amendment rights. Additionally the public sidewalk at that location was wide enough to accommodate Zastrow, his sign, and passersby at the same time, though there were virtually no passersby at this place and time. The City of Jackson Municipal Court dismissed these charges on August 19, 2013.
40. When Zastrow appeared before the City of Jackson Municipal Court for the trial of the 3/1/2013 charges, he learned that he was also being prosecuted for two events that occurred in 2006 for which the City was continuing to charge him - in violation of the Consent Decree. The charges were for obstruction of a public sidewalk and disorderly conduct. These charges were dismissed on August 19, 2013.
41. Notwithstanding the dismissal of charges against Zastrow, JPD has refused to return Zastrow's pro-life sign, in violation of paragraph 9 of the Consent Decree. As a result, Zastrow has been denied the use of his valuable property, while the City has converted to its own use property belonging to Zastrow.
42. In or about April2013, JPD officers told Plaintiffs that they were not permitted to sit in chairs (while holding their pro-life signs and literature) on the paved sidewalk adjacent to JWHO on Fondren Place. Plaintiffs provided JPD officers with a survey plat showing that both the paved sidewalk and unpaved region where a sidewalk would otherwise be adjacent to JWHO on Fondren Place are public right of ways and public property. JPD acknowledged plaintiffs' information and did not that day further interfere with Pro-Life Mississippi supporters who exercised their First Amendment rights by sitting and holding signs on the paved sidewalk. Two
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days later, JPD officers detained Plaintiff Ester Mann and threatened to arrest her based on the same conduct that JPD officers had said was permissible two days earlier.
43. On or about September 30, 2013, Life Legal Defense Foundation, by letter to the City's chief prosecutor, called the City's attention again to the fact that the City's arrests, threats, and other abusive treatment of pro-life sidewalk counselors were violations ofthe First Amendment and the clear teaching of U.S. Supreme Court case law. A copy of the Life Legal Defense Foundation letter is attached hereto as Exhibit "D." The City provided no substantive response, and the unconstitutional harassment continued.
44. On October 2, 2013, a JPD officer (a Sergeant Donaldson) threatened to arrest Plaintiffs Ester Mann and Ronald Nederhoed for violation of Mississippi Code§ 97-35-25 for sitting in lawn chairs (while holding protest signs and literature) on the wide public sidewalk on Fondren Place. Plaintiffs Mann and Nederhoed were not obstructing the sidewalk.
45. On December 4, 2013, Plaintiff Ester Mann and Ronald Nederhoed were holding pro-life signs, letting the signs rest beside them her as they sat in small lawn chairs on the public sidewalk near JWHO exercising her First Amendment right to free speech. Defendant Marie Hampton approached and ordered that they be arrested. Defendant Mary James arrested Mann and Nederhoed and charged them with obstructing a public sidewalk, in violation of Mississippi Code§ 97-35-25. Neither Mann nor Nederhoed was obstructing the public sidewalk. The public sidewalk at that location was wide enough to accommodate them, their signs, their small chairs, and any passersby who might come by, though, in fact, any passersby were few. Nederhoed and Mann were sitting side-by-side so as to leave plenty room on the sidewalk for other personas, should any wish to pass by on the sidewalk. On February 13, 2014, when Mann and Nederhoed appeared for arraignment as ordered by the issued citation, the City of Jackson Municipal Court
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cancelled the arraignment because the City could not find any record of the charges. The City still retains possession ofNederhoed's Bible, chair, and small sign, in violation of the Consent Decree.
46. On January 21, 2014, PlaintiffDoug Lane, while preaching on the public sidewalk near JWHO, was detained by unknown JPD officers who claimed Lane was too loud. In violation of the Consent Decree, these officers threatened to arrest Lane if he did not keep quiet.
47. On March 5, 2014, Plaintiffs and other pro-life supporters gathered on the public sidewalk near the intersection of State Street and Fondren Place (near JWHO) to speak publicly on the subject of abortion as part of the 40 Days For Life national prayer campaign. JPD Officers Mary James and Vincent Grizzell repeatedly violated the free speech rights of Plaintiffs and others by multiple threats of arrest and orders that speakers move from one place to another. These officers had no lawful basis for their threats. Rather, these officer intended to disrupt Plaintiffs' exercise of free speech rights because the officers, in accordance with the City's policy, actively seeks to hinder and interfere with Plaintiffs' free speech because the City does not like the content of Plaintiffs' message.
48. On or about June 9, 2014, Pro-Life Mississippi supporter Roy McMillan was using the public sidewalk to offer literature to those approaching JWHO. For purposes of personal comfort, Mr. McMillan was sitting in his lawfully parked car when no one was approaching. JPD Officer Mary James approached Mr. McMillan sitting in the car, ordered Mr. McMillan to stay in the car, and threatened to arrest Mr. McMillan if he got out of the car again. At the same time, JPD Officer Mary James permitted those who were advocating in favor of abortion to use the public sidewalk without threat of arrest. Under threat of arrest, Mr. McMillan's exercise of his First Amendment rights were chilled; he was forced to leave rather than exercise his First Amendment rights.
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49. On July 1, 2014, Plaintiff Ester Mann was exercising her First Amendment rights while sitting in a chair on a grassy/sod sidewalk that continues on the right-of-way traveling west on Fondren Place. At the same time, PlaintiffRon Nederhoed was standing near Mann in the gutter next to the curb and speaking to a young woman and her 19-month old son, who had stopped to speak with Nederhoed as they passed by. JPD officer Mary James drove by and told Nederhoed that he could not stand in the gutter. JPD officer Mary James threatened to arrest Nederhoed claiming, "This property belongs to the City and you cannot be on it." Mann told James that the street and sidewalk were public property and that they had a right to exercise their free speech rights. James told Mann, "I do not like your tone and if you do not do what I say, I will give you a free ride downtown." Fearing that James would arrest her, Plaintiff Mann stopped speaking. Nederhoed also feared he would be arrested and moved away from Mary James. James then drove away.
50. The City through its police department and officers interpret and enforce City ordinances and State statutes in inconsistent ways, with the specific purpose of thwarting speech, the content of which is disfavored by the City, JPD, or the enforcing officer. Persons whose speech is disfavored by the City can never be sure whether their conduct will or will not be charged as a violation of some law as conveniently construed by JPD. Examples of JPD's selective, discriminatory, and inconsistent enforcement actions follow.
51. JPD officers have ordered Plaintiffs to hold signs in the air on all public sidewalks and right of ways. JPD officers have further told Plaintiffs that allowing their signs to touch the ground constitutes an obstruction, in violation of unspecified laws, regardless of whether there is ample room for others to also utilize the public right of way or whether others are utilizing the public way. All the while, political and other type signs and displays are found throughout the
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City being held by persons sitting in lawn chairs on sidewalks while the sign rests on the sidewalk, or signs on sidewalks are left unattended. Plaintiffs are informed and believe that, as to these signs and those who hold them, there is no action or threat of arrest by JPD.
52. Similarly, other speakers, the content of whose speech is acceptable to JPD, place sandwich-board style signs on the adjoining sidewalks or place displays in the public right of way along Fondren Place and State Street (in the vicinity of JWHO). Plaintiffs are informed and believe that these speakers are not cited or threatened for violating any City ordinance or State statute by JPD.
53. At one point, JPD officers told Plaintiffs that Plaintiffs may hold signs while sitting in lawn chairs on the public right-of-way but only in an unpaved, dirt area that is west of an identified driveway along Fondren Place.
54. JPD officers allow pro-abortion speakers to stand and sit anywhere along the public sidewalk or right-of-way both east and west of the identified driveway without arrest or threat of arrest.
55. JPD has a policy and practice, implemented as seen in the examples above, of interpreting and applying City ordinances and State statutes to harass, intimidate, discriminate against, and injure those exercising their First Amendment rights of free speech whenever JPD or its officer do not like the content of the speech.
56. Defendant Horton, as Chief of Police for JPD, is responsible for the policies and practices of the JPD, for assuring proper training JPD officers, and for assuring training required by the Consent Decree. Upon information and belief, Horton had knowledge of and approved the treatment ofPlaintiffs as alleged herein.
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57. There have been many occasions during times pertinent to this Complaint where persons in the City of Jackson promoted causes by holding signs, while sitting in lawn chairs, on stools, and similar on public sidewalks and letting the signs rest on the public sidewalk. Plaintiffs are informed and believe that JPD officers did not, and do not charge such persons with violation of any of the City ordinances or state statutes enforced against Plaintiff and supporters of Pro-Life Mississippi.
58. While threatening arrest, JPD officers have told Plaintiffs that they are not permitted (while exercising their First Amendment rights) to walk on the paved public sidewalk where the identified driveway crosses the public sidewalk, even when no person or automobile is attempting to use the driveway. JPD officers have told Plaintiffs that their traversing the driveway-sidewalk intersection (on the public right-of-way) automatically constitutes a violation the law (presumably the obstruction ordinance or statute), regardless of the circumstances. All the while, JPD does not arrest, threaten to arrest, or otherwise hinder pro-abortion speakers traversing along the sidewalk over the identified driveway, nor do they threaten to arrest citizens throughout the City of Jackson who routinely walk on public sidewalks traversed by driveways.
59. Plaintiffs reasonably fear that they and other supporters of Pro-Life Mississippi will be arrested by JPD for conduct that is protected by the U.S. and Mississippi Constitutions.
60. As a result of Defendants' conduct, Plaintiffs have lost time, been deprived of property, and been required to incur expenses to defend themselves against unlawful charges by Defendants.
61. Plaintiffs are planning a free-speech, pro-life rally on July 27, 2014 on the public right-of-ways near JWHO and have substantial reason (as set forth above) to believe that the unconstitutional behavior of the JPD will continue to escalate and Plaintiffs will be hindered,
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restrained, and likely arrested and prosecuted for exercising their First Amendment rights, all making the need for injunctive relief urgent.
62. Plaintiffs have repeatedly offered and requested to meet with officials from the City of Jackson to address this pattern of abusive conduct by JPD officers. Despite repeated assurances that a meeting would be held, the City has refused to schedule any meeting.
ALLEGATIONS OF LAW 63. All of the acts of the Defendants, their officers, agents, servants, and employees, as alleged herein, were done or are threatened to be done, under color of law and pretense of statues and ordinances of the City of Jackson and the State of Mississippi. 64. Public streets and sidewalks are traditional public fora for purposes of speech and other expressive activities protected by the First and Fourteenth Amendments to the United States Constitution. 65. Defendants' repeated use of City ordinances and State statutes, including but not limited Mississippi Code§ 97-35-25, to stifle and suppress the First Amendment rights of Plaintiffs constitutes policies, practices, customs, and usages sufficient to impose municipal liability. 66. The unlawful actions of the JPD officers as alleged herein were taken and ratified by final policy makers for the City of Jackson and thus constitute policies, practices, customs, and usages sufficient to impose municipal liability. 67. The continued and systematic violation ofthis Court's March 14, 2008 Consent Decree by enforcement of City ordinances and State statutes, including but not limited Mississippi Code§ 97-35-25, to stifle and suppress the First Amendment rights of Plaintiffs constitutes policies, practices, customs, and usages sufficient to impose municipal liability.
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68. The continued and systematic violation of this Court's Consent Decree by enforcement of City ordinances and State statutes, including but not limited Mississippi Code § 97-35-25, to stifle and suppress the First Amendment rights ofPlaintiffs is intentional, contumacious conduct calling for exercise of the Court's power to hold the City of Jackson in contempt.
69. The failure of the City to provide its police officers training in the areas of First Amendment rights, use and identification of traditional fora, and specifically on the Consent Decree amounts to deliberate indifference to the Constitutional rights of Plaintiffs, an intentional and contumacious disregarding ofthe Court's Consent Decree, and constitutes policies, practices, customs, and usages sufficient to impose municipal liability.
70. The actions taken by Defendants as alleged herein were extreme and in reckless disregard of the rights of Plaintiffs who were not engaged in any crime at the time of the wrongful action by Defendants.
71. The City ordinances and State statutes, specifically including the obstruction of public sidewalk ordinance and Mississippi Code§ 97-35-25 and the disorderly conduct statute, as enforced by Defendants, is content- and viewpoint-based, abuses governmental power, denies free speech in a traditional public forum, does not further any important or substantial government interest, and imposes restrictions that are greater than necessary to further any government interest asserted.
72. Specifically but not exclusively, these ordinances and statutes, as enforced by Defendants, are content-based because the main effect of JPD enforcement is to suppress speech having content that is disliked by the City.
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73. Specifically but not exclusively, these ordinances and statutes, as enforced by Defendants, are viewpoint-based because the main effect of JPD enforcement is to suppress speech of a certain viewpoint. JPD does not enforce the statute against persons who speak or hold signs or sit on public sidewalks while speaking and holding signs for the purpose of communicating messages that are not pro-life. JPD enforces these ordinances and statutes in the manner described herein only against those who are communicating pro-life positions.
74. Specifically but not exclusively, the ordinances and statutes are not narrowly tailored to serve any significant governmental interest and impose restrictions that are greater than necessary to further any significant governmental interest because, as applied, they restrict free speech activity on the public right of way that does not interfere with general use of the public right of way.
75. Any interest advanced by Defendants to support enforcement of these ordinances or statutes against Plaintiffs is related to the suppression of constitutional and statutory rights and is insignificant compared to the infringement of rights caused by Defendants' enforcement.
FIRST CAUSE OF ACTION 42 U.S.C. § 1983: Free Speech and Due Process 76. Plaintiffs reallege paragraphs 1 through 75 of this Complaint and incorporate them herein by this reference. 77. The acts of Defendants alleged herein deprived Plaintiffs of their rights of free speech, peaceable assembly, and free exercise of religion as guaranteed by the First and Fourteenth Amendments to the Constitution of the United States. 78. Defendants''s unlawful and unreasonable use of City ordinances and State statutes hindered and deprived Plaintiffs of their ability to effectively communicate their pro-life message.
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79. The acts of Defendants and their officers, agents, servants, and employees were done, or threatened to be done, under color of law and pretense of ordinances of the City and statutes of the State of Mississippi.
80. Defendants committed these acts in the presence of other activists and the public. Plaintiffs did not consent to Defendants' acts described herein and found them to be harmful and offensive to their rights and person and dignity.
81. Defendants intended to, and did, by their actions, prevent the exercise of Plaintiffs' rights of free speech, free exercise of religion, and peaceable assembly as guaranteed by the First and Fourteenth Amendments to the United States Constitution.
82. The actions of Defendants in hindering and depriving Plaintiffs of their ability to effectively communicate their message are unconstitutional abridgements of Plaintiffs' affirmative rights to freedom of speech, free press, and the free exercise of religion secured by the First and Fourteenth Amendments to the United States Constitution.
83. As a direct and proximate result of the Defendants' actions, policies, customs and practices as alleged in this complaint, Plaintiffs are chilled in the exercise of their rights, deprived of their rights to free speech, and Plaintiffs suffered pain, humiliation, embarrassment, discomfort, mental anguish, fear, anxiety, loss of reputation, loss of earnings and emotional distress.
84. Unless enjoined by this Court, Defendants will continue to infringe Plaintiffs' constitutionally protected rights and thereby cause irreparable injury, as damages alone cannot fully compensate plaintiffs from the ensuing harm. This threat of injury from continuing violations requires injunctive relief
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SECOND CAUSE OF ACTION 42 U.S.C. § 1983: Free Speech and Due Process 85. Plaintiffs reallege paragraphs I through 84 of this Complaint and incorporate them herein by this reference. 86. Defendant City of Jackson, by its application and threat of application of the City ordinances and State statutes, specifically but not limited to Mississippi Code§ 97-35-25, as alleged herein, violate Plaintiffs' affirmative rights to freedom of speech and due process under the United States Constitution, First and Fourteenth Amendments. 87. The ordinances and statutes, specifically but not limited to Mississippi Code§ 9735-25, as applied or threatened to be applied are unconstitutionally overbroad restrictions on expressive activity. 88. The ordinances and statutes, specifically but not limited to Mississippi Code§ 9735-25, as applied or threatened to be applied are unconstitutionally vague restrictions on expressive activity. 89. The ordinances and statutes, specifically but not limited to Mississippi Code § 9735-25, as applied or threatened to be applied are content-based and viewpoint-based restrictions on speech. 90. The ordinances and statutes, specifically but not limited to Mississippi Code § 9735-25, as applied or threatened to be applied do not serve a significant governmental interest. 91. The ordinances and statutes, specifically but not limited to Mississippi Code § 9735-25, as applied or threatened to be applied do not leave open ample alternative channels of communication.
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92. The ordinances and statutes, specifically but not limited to Mississippi Code § 9735-25, as applied or threatened to be applied are not narrowly tailored to accomplish any permissible governmental purpose sought to be served by the legislation.
93. The ordinances and statutes as interpreted, specifically but not limited to Mississippi Code§ 97-35-25, and applied by the City fail to adequately advise, notify, or inform persons threatened with possible prosecution for violation of their requirements. Therefore, the ordinances and statutes are unconstitutionally vague as applied or threatened to be applied in violation of the due process guarantee of the Fourteenth Amendment to the United States Constitution.
94. As applied or threatened to be applied, the ordinances and statutes, specifically but not limited to Mississippi Code§ 97-35-25, are irrational and unreasonable, imposing unjustifiable restrictions on the exercise of protected constitutional rights. Therefore, the application of the ordinances and statutes as alleged herein by the City ofJackson violates the due process guarantee of the Fourteenth Amendment to the United States Constitution.
THIRD CAUSE OF ACTION 42 U.S.C. § 1983: Equal Protection 95. Plaintiffs reallege paragraphs 1 through 94 of this Complaint and incorporate them herein by this reference. 96. Defendant City of Jackson, by its application and threat of application of the City ordinances and State statutes as alleged herein, specifically but not limited to Mississippi Code § 97-35-25, violate Plaintiffs' rights under the Equal Protection Clause of the Fourteenth Amendment. Specifically but not exclusively, the ordinances and statutes as applied create two classes of persons: 1) one class is those persons wishing to communicate by audible voice and by
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use of signs while standing, sitting, kneeling, or holding signs on a public side walk or right of way with those entering abortion clinics for purposes of encouraging them to choose life; and 2) the second class is those persons wishing to communicate by audible voice and by use of signs while standing, sitting, kneeling, or holding signs on a public side walk or right of way with the general public about any other political, social, commercial, or other message,.
97. As to those in the second class, JPD and the City leave them unhindered in their use of public sidewalks and right-of-ways for the exercise of free speech rights. But for those in the first class, JPD and the City threaten, arrest, and prosecute them as violating City ordinances or State statutes, specifically but not limited to Mississippi Code§ 97-35-25, for the same activity engaged in by the second class for the exercise of free speech rights.
98. These classifications have a direct bearing on the fundamental interest in free speech. The City has no compelling interest justifying the creation of these classes and cannot show that these classifications are necessary to serve any legitimate governmental interest.
99. The ordinances and statutes as applied or threatened to be applied, specifically but not limited to Mississippi Code§ 97-35-25, violate the Equal Protection Clause of the Fourteenth Amendment to the United States Constitution and similar guarantees in the Mississippi State Constitution by denying to plaintiffs free speech rights and other protections of state and federal law.
FOURTH CAUSE OF ACTION 42 U.S.C. § 1983: Unlawful Retaliation 100. Plaintiffs reallege paragraphs 1 through 99 of this Complaint and incorporate them herein by this reference.
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101. Defendants' harassment, arrests, and threats of arrest were directed at Plaintiffs while Plaintiffs were engaged in constitutionally-protected speech activities. Such threats of arrest and harassment constituted unlawful retaliation against Plaintiffs' exercise of constitutionally protected rights. Such retaliation violated Plaintiffs' affirmative rights to freedom of speech secured by the First and Fourteenth Amendments to the United States Constitution.
102. As a direct and proximate result of Defendants' actions in retaliating against Plaintiffs for the assertion and/or exercise of their constitutional rights, Plaintiffs were deprived of their rights to free speech. Plaintiffs have suffered, are suffering, and will continue to suffer, irreparable harm as a direct result of Defendants' conduct.
FIFTH CAUSE OF ACTION 42 U.S.C. § 1983: False Arrest 103. Plaintiffs reallege paragraphs 1 through 102 of this Complaint and incorporate them herein by this reference. 104. The actions of Defendant McGowan as alleged herein were intended to and did in fact detain PlaintiffJohn Brekeen. 105. McGowan unreasonably and unlawfully seized Brekeen's person without probable cause to believe a crime occurred. 106. Brekeen was aware of the seizure and detention and did not consent to them. 107. McGowan lacked lawful authority to seize, detain, and deprive Brekeen of his liberty. McGowan was grossly negligent in unreasonably and unlawfully seizing Brekeen. 108. As a direct and proximate cause of Defendant McGowan's unlawful actions, Brekeen was injured in his Fourth and Fourteenth Amendment rights to be free from false arrest.
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109. The actions of Defendants Robinson~ McGowan, Marie Hampton, and Mary James as alleged herein were intended to and did in fact detain Plaintiff Ester Mann.
110. Defendants Robinson, McGowan, Marie Hampton~ and Mary James unreasonably and unlawfully seized Mann's person without probable cause to believe a crime occurred.
111. Mann was aware of the seizure, detention~ and confinement and did not consent to them.
112. Defendants Robinson, McGowan, Marie Hampton, and Mary James lacked lawful authority to seize, detain, and deprive Mann of her liberty. Defendants Robinson, McGowan, Marie Hampto~ and Mary James were grossly negligent in unreasonably and unlawfully seizing Mann.
113. As a direct and proximate cause of the unlawful actions of Defendants Robinson, McGowan, Marie Hampton, and Mary James, Plaintiff Ester Mann was injured in her Fourth and Fourteenth Amendment rights to be free from false arrest.
114. The actions ofDefendants McGow~ Willis Thomas, and James Ross as alleged herein were intended to and did in fact detain Plaintiff Calvin Zastrow.
115. Defendants McGowan, Willis Thomas, and James Ross unreasonably and unlawfully seized Zastrow's person without probable cause to believe a crime occurred.
116. Zastrow was aware of the seizure, detention~ and confinement and did not consent to them.
117. Defendants McGowan~ Willis Thomas, and James Ross lacked lawful authority to seize~ detain, and deprive Zastrow of his liberty. Defendant McGow~ Willis Thomas, and James Ross were grossly negligent in unreasonably and unlawfully seizing Zastrow.
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118. As a direct and proximate cause of the unlawful actions of Defendants McGowan, Willis Thomas, and James Ross, Plaintiff Calvin Zastrow was injured in his Fourth and Fourteenth Amendment rights to be free from false arrest.
119. The actions ofDefendant Mary James as alleged herein were intended to and did in fact detain Plaintiff Ronald Nederhoed.
120. Defendant Mary James unreasonably and unlawfully seized Nederhoed's person without probable cause to believe a crime occurred.
121. Nederhoed was aware of the seizure, detention, and confinement and did not consent to them.
122. Defendant Mary James lacked lawful authority to seize, detain, and deprive Nederhoed of her liberty. Defendant Mary James was grossly negligent in unreasonably and unlawfully seizing Nederhoed.
123. As a direct and proximate cause ofDefendant Mary James's unlawful actions, Plaintiff Ronald Nederhoed was injured in her Fourth and Fourteenth Amendment rights to be free from false arrest.
SIXTH CAUSE OF ACTION Mississippi Constitution Article 3, Section 11, 13, 14, AND 18 124. Plaintiffs reallege paragraphs 1 through 123 of this Complaint and incorporate them herein by this reference. 125. Defendant City of Jackson, by its application and threats of application of the ordinances and statutes against the free speech ofPlaintiffs violated Article 3, Sections 11, 13, 14, and 18 of the Mississippi Constitution.
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SEVENTH CAUSE OF ACTION State Law Claim: Malicious Prosecution 126. Plaintiffs reallege paragraphs 1 through 125 of this Complaint and incorporate them herein by this reference. 127. Defendants McGowan, James Ross, Willis Thomas, and the City of Jackson instituted criminal proceedings and pursued prosecution of criminal charges against Plaintiff Calvin Zastrow with malice. 128. The criminal charges against Zastrow were not based on probable cause, the state of the facts before the prosecutor for the City of Jackson would not lead a man of ordinary caution and prudence to believe, or entertain an honest or strong suspicion that Zastrow was guilty of a crime. 129. Defendant City of Jackson had a duty to ascertain whether there was lawful basis and probable cause for prosecution ofZastrow. 130. The prosecution was terminated in Zastrow's favor. 131. As a direct and proximate result ofthe foregoing, Defendants McGowan, Willis Thomas, James Ross, and the City deprived Zastrow of his rights and privileges as a citizen of the United States, and these Defendants caused Zastrow to suffer financial injury, indignities, all to his general damage in a sum which will be proved at trial. 132. Defendants Robinson, McGowan, Marie Hampton, Mary James and the City of Jackson instituted criminal proceedings and pursued prosecution of criminal charges against Plaintiff Mann with malice. 133. The criminal charges against Mann were not based on probable cause, the state of the facts before the prosecutor for the City of Jackson would not lead a man of ordinary caution
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and prudence to believe, or entertain an honest or strong suspicion that Mann was guilty of a crime.
134. Defendant City of Jackson had a duty to ascertain whether there was lawful basis and probable cause for prosecution of Mann.
135. The prosecution was terminated in Mann's favor. 136. As a direct and proximate result ofthe foregoing, Defendants Robinson, McGowan, Marie Hampton, Mary James and the City deprived Mann of her rights and privileges as a citizen of the United States, and these Defendants caused Mann to suffer financial injury, indignities, all to her general damage in a sum which will be proved at trial. 137. Defendants McGowan and the City of Jackson instituted criminal proceedings and pursued prosecution of criminal charges against PlaintiffBrekeen with malice. 138. The criminal charges against Mann were not based on probable cause, the state of the facts before the prosecutor for the City ofJackson would not lead a man of ordinary caution and prudence to believe, or entertain an honest or strong suspicion that Brekeen was guilty of a crime. 139. Defendant City of Jackson had a duty to ascertain whether there was lawful basis and probable cause for prosecution of Brekeen. 140. The prosecution was terminated in Brekeen's favor. 141. As a direct and proximate result of the foregoing, Defendants McGowan and the City deprived Brekeen of his rights and privileges as a citizen of the United States, and these Defendants caused Brekeen to suffer financial injury, indignities, all to his general damage in a sum which will be proved at trial.
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142. Defendants Marie Hampton, Mary James and the City of Jackson instituted criminal proceedings and pursued prosecution of criminal charges against PlaintiffNederhoed with malice.
143. The criminal charges against Nederhoed were not based on probable cause, the state of the facts before the prosecutor for the City of Jackson would not lead a man of ordinary caution and prudence to believe, or entertain an honest or strong suspicion that Nederhoed was guilty of a crime.
144. Defendant City ofJackson had a duty to ascertain whether there was lawful basis and probable cause for prosecution ofNederhoed.
145. The prosecution was terminated in Nederhoed's favor. 146. As a direct and proximate result of the foregoing, Defendants Marie Hampton, Mary James and the City deprived Nederhoed of his rights and privileges as a citizen of the United States, and these Defendants caused Nederhoed to suffer financial injury, indignities, all to his general damage in a sum which will be proved at trial.
EIGHTH CAUSE OF ACTION State Law Claim: Intentional Infliction of Emotional Distress 147. Plaintiffs reallege paragraphs I through 146 of this Complaint and incorporate them herein by this reference. 148. Defendants' false arrest, malicious prosecution, and violation of civil rights described herein above, all abused Plaintiffs Brekeen, Mann, Nederhoed, and Zastrow in a manner that was extreme, outrageous, and unjustified, and caused Plaintiffs Brekeen, Mann, Nederhoed, and Zastrow to suffer emotional distress.
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149. These intentional abuses ofBrekeen, Mann, Nederhoed, and Zastrow were unjustified and done with actual malice and wanton indifference to and deliberate disregard for human life and the rights of plaintiff
150. As a direct and proximate result ofthe foregoing, Defendants deprived Brekeen, Mann, Nederhoed, and Zastrow of rights and privileges as a citizen ofthe United States, and these Defendants caused Brekeen, Mann, Nederhoed, and Zastrow to suffer financial injury, indignities, all to their general damage in a sum which will be proved at trial.
PRAYER FOR RELIEF WHEREFORE, Plaintiffs respectfully pray that this Court: 1. Declare that Defendants' actions as alleged herein were unconstitutional; 2. Declare the City to be in contempt of the March 14, 2008, Consent Decree; 3. Enter preliminary and permanent injunctions enjoining Defendants, their agents,
servants, employees, officials, or any other person acting in concert with them or on their behalf, from interfering with Plaintiffs' lawful speech on the public sidewalks and public right-of-ways in Jackson, Mississippi, including public sidewalks in the vicinity of Jackson Women's Health Organization, and establish a schedule of prospective monetary sanctions to be imposed against the City in the event ofviolation ofthe injunctions; 4. Enter preliminary and permanent injunctions enjoining Defendants from threatening or using City ordinances and Mississippi Code § 97-3 5-25 to inhibit or suppress Plaintiffs' Constitutionally protected peaceful, expressive activities, and establish a schedule of prospective monetary sanctions to be imposed against the
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City in the event of violation of the injunctions; 5. Award Plaintiffs Laura Duran, Dana Chisholm, Doug Lane, Berkeley Ostrander
and Pro-Life Mississippi nominal damages against all Defendants for the violation oftheir civil and Constitutional rights; 6. Award Plaintiffs Brekeen, Mann, Nederhoed, and Zastrow compensatory damages in an amount to be proved at trial against Defendants Robinson, McGowan, Marie Hampton, Mary James, James Ross, Willis Thomas, and the City of Jackson for violation of their civil and Constitutional rights; 7. Award Plaintiffs Brekeen, Mann, Nederhoed, and Zastrow compensatory damages in an amount to be proved at trial against Defendants Robinson, McGowan, Mary James, James Ross, Willis Thomas, and the City of Jackson for intentional torts committed against Plaintiffs Brekeen, Mann, Nederhoed, and Zastrow; 8. Award costs, interest and attorneys' fees pursuant to 42 U.S.C. § 1988 et seq., and other pertinent federal law; and 9. Grant such other and further relief as the court deems just and proper.
PRO-LIFE MISSISSIPPI, DANA CHISHOLM, ESTER MANN, JOHNNY BREKEEN, LAURA DURAN, DOUG LANE, RONALDNEDERHOED,BERKELEY OSTRANDER, and CALVIN ZASTROW
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Of counsel: Steve C. Thornton (MSB #9216) P. 0. Box 16465 Jackson, Mississippi 39236 Telephone: (601) 982-0313 Facsimile: (601) 957-6554 Email: mail@lawlives.com Catherine W. Short (CA Bar No. 117442)* Allison K. Aranda (CA Bar No. 215021)* PO Box 890685 Temecula, CA 92589 Tel: (951) 296-2835 Fax: (951) 541-2711 akaranda@lldf org Attorneysfor the Plaintiffs
* Application for admission Pro Hac Vice forthcoming
32

 
 Case 3:14-cv-00568-CWR-FKB Document 86 Filed 10/04/16 Page 1 of 6

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

PRO-LIFE MISSISSIPPI, DANA CHISHOLM, ESTER

)

MANN, JOHN BREKEEN, LAURA DURAN, DOUG

)

LANE, RONALD NEDERHOED, BERKELEY

)

OSTRANDER, and CALVIN ZASTROW,

)

)

Plaintiffs,

)

)

v.

)

)

LINDSAY HORTON, individually and in his official

)

capacity as Chief of Police for the City of Jackson,

)

Mississippi; JESSE ROBINSON, individually and in his

)

official capacity as an officer for the City of Jackson

)

Mississippi Police Department; JAMES McGOWAN,

)

individually and in his official capacity as an officer for the )

City of Jackson Mississippi Police Department; MARY

)

JAMES, individually and in her official capacity as an officer )

for the City of Jackson Mississippi Police Department;

)

MARIE HAMPTON, individually and in her official capacity )

as an officer for the City of Jackson Mississippi Police

)

Department; JAMES ROSS, individually and in his official )

capacity as an officer for the City of Jackson Mississippi

)

Police Department; WILLIS THOMAS, individually and in )

his official capacity as an officer for the City of Jackson

)

Mississippi Police Department; UNKNOWN OFFICERS 1 - )

10, individually and in their official capacity as officers for )

the City of Jackson Mississippi Police Department; and the )

CITY OF JACKSON, MISSISSIPPI,

)

)

Defendants.

Case No.: 3:14cv568 CWR-FKB

CONSENT DECREE

Whereas all Defendants have been served and appeared herein; Whereas the parties have reached agreement on all issues between them on the following terms and conditions, without adjudication of any issue or law and without Defendants admitting liability for any of the matters alleged; and

1

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Whereas this Consent Decree resolves all issues raised in the Complaint and the parties accept this Consent Decree as final and binding among them as to the issues resolved herein;
Therefore, on joint motion of the Plaintiffs and the Defendants, IT IS HEREBY ORDERED, ADJUDGED, and DECREED: 1. This Court has jurisdiction over the subject matter and the parties. 2. The Complaint states a claim upon which relief can be granted against the Defendants. 3. The City of Jackson, by and through its officials, agents, employees, successors and all persons in active concert or participation with it (hereinafter the “City”) shall not engage in any act or practice that has the purpose or effect of unlawfully inhibiting the exercise of any person’s First Amendment rights on public sidewalks and right-of-ways. 4. The City shall enforce the laws, statutes, and ordinances in an even-handed manner, not favoring or disfavoring any person or group because of his, hers, or its political, religious, or philosophical positions on any issue. 5. The City shall not enforce or threaten to enforce its noise ordinance, Jackson Municipal Code ¶¶ 54-86 through 54-92, unless and until it does so by means of properly calibrated decibel meters employed by officers trained in the use of such machines. 6. The City shall not enforce or threaten to enforce Mississippi Code Ann. Section 97-35-25 or Jackson Municipal Code 110-61 or 102-29 so as to interfere with, threaten, charge, or punish the free speech activities on public sidewalks and right-of-ways.
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7. The City shall not seize signs, literature, or other expressive materials from those involved in the exercise of First Amendment rights, whether needed as evidence or otherwise, unless all other means short of seizure have been exhausted, including but not limited to photographing or describing them in written form. In the event seizure of such expressive materials is deemed necessary, the City shall seize only so many of the materials as is absolutely essential to establish the type or size of the materials, and shall promptly submit the matter to a court of appropriate jurisdiction for determination of the propriety of seizure and/or retention of the materials, and shall return the materials as soon as practicable, recognizing that they are presumptively protected by the First, Fourth, and Fourteenth Amendments to the United States Constitution.
8. The City shall implement a program of mandatory annual training in First Amendment rights and the response to the exercise of those rights for the City’s law enforcement personnel. The City recognizes and agrees to adopt as its overriding philosophy that tolerance of such rights is its primary goal.
9. The City shall conduct training so as to teach all its law enforcement officers the terms of this Consent Decree.
10. Within thirty (30) days after the entry of this Consent Decree, the City shall dismiss all charges in the following cases, shall join in petitioning the County Court to return all bonds posted, and release all property seized in connection with the underlying arrest and prosecution of such cases, which property shall be available for pick-up by the owner of such property at the Jackson Police Department:
3

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•

City of Jackson v. Harriett Ashley, County Court of the First Judicial

District of Hinds County, Mississippi Criminal Case No. 14-735.

•

City of Jackson v. Chester Gallagher, County Court of the First Judicial

District of Hinds County, Mississippi Criminal No. 14-736. Additionally,

the City shall return the bond posted by Mr. Gallagher in Jackson

Municipal Court Case No. 2013-073222.

•

City of Jackson v. Ester A. Mann, County Court of the First Judicial

District of Hinds County, Mississippi Criminal Case No. 13-841.

•

City of Jackson v. Charles Roy McMillan, County Court of the First

Judicial District of Hinds County, Mississippi Criminal Case No. 14-737.

•

City of Jackson v. Calvin Zastrow, County Court of the First Judicial

District of Hinds County, Mississippi Criminal Case No. 14-733.

11. The City shall, within thirty (30) days after the entry of this Consent Decree,

assure and confirm that its records reflect that all charges and all cases against each of the

following persons have been fully and finally disposed or otherwise all charges shall be dropped:

Harriet Ashley Johnny Brekeen Dana Chisholm Laura Duran Doug Lane

Ester Mann Ronald Nederhoed Berkeley Ostrander, Calvin Zastrow Eva Zastrow

Within thirty (30) days after the entry of this Consent Decree, all property (specifically including but not limited to signs) seized or held by the City in relation to any past cases against anyone of these persons shall be released and made available for pick-up by the owner of such property at the Jackson Police Department.
12. The City shall not arrest, threaten of arrest, cite, charge, threaten to charge, or pursue similar enforcement action against persons exercising First Amendment rights, where such persons are:

4

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(a) holding signs and speaking and/or preaching on the public sidewalks and right-of-ways in the City of Jackson (specifically including but not limited to the public sidewalks and right-of-ways along Fondren Place and State Street) while walking or standing;
(b) speaking and/or preaching and holding signs on the public sidewalks and right-of-ways in the City of Jackson (specifically including but not limited to the public sidewalks and right-of-ways along Fondren Place and State Street) while letting the held signs rest on the sidewalk or right-of-way next to the speaker who is holding the sign upright, provided that the sign does not cover the entire width of the sidewalk but leaves room for other persons to use the sidewalk by walking or otherwise being able to get around the sign;
(c) speaking and/or preaching on the public sidewalks and right-of-ways in the City of Jackson (specifically including but not limited to the public sidewalks and right-of-ways along Fondren Place and State Street) and holding signs while sitting on a portable box, chair, or similar portable stool on the public sidewalks and right-of-ways and letting the held signs rest on the sidewalk or right-of-way next to the speaker who is holding the sign upright, provided that the person sitting in the chair is handicapped, being treated for a medical condition, or elderly, and also provided that neither the sign or stool or combination cover the entire width of the sidewalk but leaves room for other persons to use the sidewalk by walking or otherwise being able to get around the chair and sign.
13. The City shall, within thirty (30) days after the entry of this Consent Decree,
deliver a certified check in the amount of $2,500.00 to Pro-Life Mississippi in full settlement of
all claims for damages herein.
14. Plaintiffs’ counsel hereby waives all claims for attorney fees herein.
15. Six months after the entry of this Consent Decree, counsel for the parties shall
meet and review the performance of the parties in the implementation of the requirements of this
Consent Decree. The parties shall attempt to resolve informally any disputes that may occur
under this Consent Decree. If the parties are unable to reach agreement within thirty (30) days
after a matter has been brought to the attention of one of the parties by another party, the issue
may be submitted by either party to the Court for resolution.
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16. The Court shall retain jurisdiction of this Decree for one (1) year from the date of its entry to enforce the terms of the consent judgment, at which time the case shall be dismissed with prejudice and without prior notice to the parties.
SO ORDERED this 4th day of October, 2016.

Agreed and consented to: For the Plaintiffs:

s/ Carlton W. Reeves UNITED STATES DISTRICT JUDGE
For the Defendants:

/s/ Steve C. Thornton Steve C. Thornton, Esq. P. O. Box 16465 Jackson, Mississippi 39236 Telephone: (601) 982-0313 Facsimile: (601) 957-6554 Email: mail@lawlives.com
LIFE LEGAL DEFENSE FOUNDATION Catherine W. Short, Esq. Allison K. Aranda, Esq. P.O. Box 890685 Temecula, CA 92589 Telephone: (951) 296-2835 Facsimile: (951) 541-2711 Email: akaranda@lldf.org

/s/ LaShundra Jackson-Winters LaShundra Jackson-Winters, Esq. Deputy City Attorney Gail W. Lowery, Esq. Special Assistant to the City Attorney OFFICE OF THE CITY ATTORNEY 455 East Capitol Street Post Office Box 2779 Jackson, Mississippi 39207

6

 
 Case 3:14-cv-00568-CWR-FKB Document 95 Filed 06/27/19 Page 1 of 3

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

PRO-LIFE MISSISSIPPI; DANA CHISHOLM; ESTER MANN; JOHN BREKEEN; LAURA DURAN; DOUG LANE; RONALD NEDERHOED; BERKELEY OSTRANDER; and CALVIN ZASTROW,

Plaintiffs,
LINDSEY HORTON, individually and in his official capacity as Chief of Police for the City of Jackson, Mississippi; JESSE ROBINSON, individually and in his official capacity as an officer for the City of Jackson Mississippi Police Department; JAMES McGOWAN, individually and in his official capacity as an officer for the City of Jackson Mississippi Police Department; MARY JAMES, individually and in her official capacity as an officer for the City of Jackson Mississippi Police Department; MARIE HAMPTON, individually and in her official capacity as an officer for the City of Jackson Mississippi Police Department; JAMES ROSS, individually and in his official capacity as an officer for the City of Jackson Mississippi Police Department; WILLIS THOMAS, individually and in his official capacity as an officer for the City of Jackson Mississippi Police Department; UNKNOWN OFFICERS 1 - 10, individually and in their official capacity as officers for the City of Jackson Mississippi Police Department; and the CITY OF JACKSON, MISSISSIPPI,

CASE NO. 3:14-CV-568-CWR-FKB

Defendants,

ALL WOMEN’S HEALTHCARE OF JACKSON, INC. d/b/a JACKSON WOMEN’S HEALTH ORGANIZATION

Intervenor.

Case 3:14-cv-00568-CWR-FKB Document 95 Filed 06/27/19 Page 2 of 3
ORDER Before this Court is All Women’s Healthcare of Jackson, Inc. d/b/a Jackson Women’s Health Organization’s (JWHO) Motion to Intervene filed January 24, 2019. Docket No. 91. After consideration of the arguments and applicable law, the motion is denied. On October 4, 2016, this Court entered a Consent Decree as a final resolution between the plaintiffs, pro-life protestors/demonstrators, and the defendants, the City of Jackson’s police department. The Consent Decree stated that “[t]he Court shall retain jurisdiction of this Decree for one (1) year from the date of its entry to enforce the terms of the consent judgment, at which time the case shall be dismissed with prejudice and without prior notice to the parties.” Docket No. 86. The parties agreed with and consented to the terms. Id. The case was then administratively closed on the Court’s docket. Under the plain language of the Consent Decree, it expired on October 4, 2017. More than one year after the Decree expired, JWHO filed this motion stating that this Court should allow it to intervene in this case “so that it can file a motion to dismiss . . . and/or take any other appropriate action necessary to protect its rights.” Docket No. 94 at 2. JWHO cannot intervene to dismiss, or otherwise take any action against, a consent decree that no longer exists. “[T]he scope of a consent decree must be discerned within its four corners.” United States v. Armour & Co., 402 U.S. 673, 682 (1971). The Fifth Circuit has held that once a consent decree has expired on its own terms, it is no longer enforceable. See United States v. Overton, 834 F.2d 1171, 1174 (5th Cir. 1987). The Consent Decree at issue expired in 2017. By its terms, the Court no longer retained jurisdiction over the Consent Decree. Because the Consent Decree has expired, this matter fails under every requirement of Article III standing1 and is
1 To demonstrate standing, JWHO must show that: (1) it has “suffered an injury in fact—an invasion of a legally protected interest which is (a) concrete and particularized and (b) actual or imminent, not conjectural or
2

Case 3:14-cv-00568-CWR-FKB Document 95 Filed 06/27/19 Page 3 of 3
untimely under Rule 24 of the Federal Rules of Civil Procedure. JWHO states that “[d]espite the fact the Consent Decree was entered over two years ago, this action has never been dismissed.” Docket No. 91 at 2. It may not have been dismissed through a Final Judgment, but having expired, this case has no life. Once the Consent Decree expired on its own terms, this cause was dismissed. No additional Final Judgment was necessary.
Accordingly, the Motion to Intervene is denied. A Final Judgment of dismissal closing this case will be entered on this day.
SO ORDERED, this the 27th day of June, 2019. s/ Carlton W. Reeves UNITED STATES DISTRICT JUDGE
hypothetical, (2) there is a causal connection between the injury and the conduct complained of, and (3) it is likely . . . that the injury will be redressed by a favorable decision.” Deutsch v. Annis Enterprises, Inc., 882 F.3d 169, 173 (5th Cir. 2018) (quotation marks and citations omitted). The Consent Decree could not have caused a cognizable injury to JWHO because the decree is inoperative. For that same reason, this matter is not redressable by the Court.
3

 
 Case: 3:14-cv-568 As of: 05/21/2020 06:24 PM CDT 1 of 18
CLOSED,FKB,JURY,TRIAL_SET
U.S. District Court Southern District of Mississippi (Northern (Jackson)) CIVIL DOCKET FOR CASE #: 3:14−cv−00568−CWR−FKB

Pro−Life Mississippi et al v. Horton et al Assigned to: District Judge Carlton W. Reeves Referred to: Magistrate Judge F. Keith Ball Cause: 42:1983 Civil Rights Act Plaintiff Pro−Life Mississippi
Plaintiff Dana Chisholm

Date Filed: 07/23/2014 Date Terminated: 10/04/2016 Jury Demand: Plaintiff Nature of Suit: 440 Civil Rights: Other Jurisdiction: Federal Question
represented by Allison K. Aranda − PHV LIFE LEGAL DEFENSE FOUNDATION − Temecula P. O. Box 890685 Temecula, CA 92589 707/227−6744 Fax: 951/541−2711 Email: akaranda@lldf.org LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED
Catherine Short − PHV LIFE LEGAGL DEFENSE FOUNDATION − Ojai P. O. Box 1313 Ojai, CA 93024 707/337−6880 Fax: 805/640−1940 Email: lldfojai@cs.com LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED
Steve C. Thornton THORNTON LAW OFFICE P. O. Box 16465 Jackson, MS 39236 601/982−0313 Fax: 601/957−6554 Email: mail@lawlives.com LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Allison K. Aranda − PHV (See above for address) LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED
Catherine Short − PHV (See above for address) LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED
Steve C. Thornton (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Case: 3:14-cv-568 As of: 05/21/2020 06:24 PM CDT 2 of 18

Plaintiff Ester Mann
Plaintiff John Brekeen
Plaintiff Laura Duran
Plaintiff Doug Lane

represented by Allison K. Aranda − PHV (See above for address) LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED
Catherine Short − PHV (See above for address) LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED
Steve C. Thornton (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Allison K. Aranda − PHV (See above for address) LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED
Catherine Short − PHV (See above for address) LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED
Steve C. Thornton (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Allison K. Aranda − PHV (See above for address) LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED
Catherine Short − PHV (See above for address) LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED
Steve C. Thornton (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Allison K. Aranda − PHV (See above for address) LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED
Catherine Short − PHV

Case: 3:14-cv-568 As of: 05/21/2020 06:24 PM CDT 3 of 18

Plaintiff Ronald Nederhoed
Plaintiff Berkeley Ostrander
Plaintiff Calvin Zastrow

(See above for address) LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED
Steve C. Thornton (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Allison K. Aranda − PHV (See above for address) LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED
Catherine Short − PHV (See above for address) LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED
Steve C. Thornton (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Allison K. Aranda − PHV (See above for address) LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED
Catherine Short − PHV (See above for address) LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED
Steve C. Thornton (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Allison K. Aranda − PHV (See above for address) LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED
Catherine Short − PHV (See above for address) LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED
Steve C. Thornton (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Case: 3:14-cv-568 As of: 05/21/2020 06:24 PM CDT 4 of 18

V. Defendant Lindsay Horton Individually and in his official capacity as Chief of Police for the City of Jackson, Mississippi
Defendant Jesse Robinson Individually and in his official capacity as an Officer for the City of Jackson, Mississippi Police Department
Defendant James McGowan Individually and in his official capacity as an Officer for the City of Jackson, Mississippi Police Department

represented by Claire Barker−City Gov CITY OF JACKSON P. O. Box 2779 455 E. Capitol Street (39201) Jackson, MS 39207−2779 601/960−1799 Fax: 601/960−1756 TERMINATED: 03/14/2016 LEAD ATTORNEY ATTORNEY TO BE NOTICED
LaShundra B. Jackson−Winters−City Gov OFFICE OF THE CITY ATTORNEY − Jackson P. O. Box 2779 455 E. Capitol St. (39201) Jackson, MS 39207−2779 601/960−1799 Fax: 601/960−1756 Email: lwinters@city.jackson.ms.us ATTORNEY TO BE NOTICED
Lara E. Gill−City Gov CITY OF JACKSON P. O. Box 2779 455 E. Capitol Street (39201) Jackson, MS 39207−2779 601/960−1799 Fax: 601/960−1756 TERMINATED: 11/25/2014 ATTORNEY TO BE NOTICED
represented by Claire Barker−City Gov (See above for address) TERMINATED: 03/14/2016 LEAD ATTORNEY ATTORNEY TO BE NOTICED
LaShundra B. Jackson−Winters−City Gov (See above for address) ATTORNEY TO BE NOTICED
Lara E. Gill−City Gov (See above for address) TERMINATED: 11/25/2014 ATTORNEY TO BE NOTICED
represented by LaShundra B. Jackson−Winters−City Gov (See above for address) ATTORNEY TO BE NOTICED
Lara E. Gill−City Gov (See above for address) TERMINATED: 11/25/2014

Case: 3:14-cv-568 As of: 05/21/2020 06:24 PM CDT 5 of 18

Defendant Mary James Individually and in her official capacity as an Officer for the City of Jackson, Mississippi Police Department
Defendant Marie Hampton Individually and in her official capacity as an Officer for the City of Jackson, Mississippi Police Department
Defendant James Ross Individually and in his official capacity as an Officer for the City of Jackson, Mississippi Police Department
Defendant Willis Thomas Individually and in his official capacity as an Officer for the City of Jackson, Mississippi Police Department
Defendant Unknown Officers 1 − 10 Individually and in their official capacity as Officers for the City of Jackson,

ATTORNEY TO BE NOTICED
represented by Claire Barker−City Gov (See above for address) TERMINATED: 03/14/2016 LEAD ATTORNEY ATTORNEY TO BE NOTICED
LaShundra B. Jackson−Winters−City Gov (See above for address) ATTORNEY TO BE NOTICED
Lara E. Gill−City Gov (See above for address) TERMINATED: 11/25/2014 ATTORNEY TO BE NOTICED
represented by Claire Barker−City Gov (See above for address) TERMINATED: 03/14/2016 LEAD ATTORNEY ATTORNEY TO BE NOTICED
LaShundra B. Jackson−Winters−City Gov (See above for address) ATTORNEY TO BE NOTICED
Lara E. Gill−City Gov (See above for address) TERMINATED: 11/25/2014 ATTORNEY TO BE NOTICED
represented by LaShundra B. Jackson−Winters−City Gov (See above for address) ATTORNEY TO BE NOTICED
Lara E. Gill−City Gov (See above for address) TERMINATED: 11/25/2014 ATTORNEY TO BE NOTICED
represented by LaShundra B. Jackson−Winters−City Gov (See above for address) ATTORNEY TO BE NOTICED
Lara E. Gill−City Gov (See above for address) TERMINATED: 11/25/2014 ATTORNEY TO BE NOTICED
represented by Lara E. Gill−City Gov (See above for address) TERMINATED: 11/25/2014

Case: 3:14-cv-568 As of: 05/21/2020 06:24 PM CDT 6 of 18

Mississippi Police Department Defendant City of Jackson, Mississippi
Interested Party Gina Morris Interested Party Brenda Wolverton

ATTORNEY TO BE NOTICED
represented by Claire Barker−City Gov (See above for address) TERMINATED: 03/14/2016 LEAD ATTORNEY ATTORNEY TO BE NOTICED
LaShundra B. Jackson−Winters−City Gov (See above for address) ATTORNEY TO BE NOTICED
Lara E. Gill−City Gov (See above for address) TERMINATED: 11/25/2014 ATTORNEY TO BE NOTICED

V.
Intervenor
All Women's Healthcare of Jackson, Inc. d/b/a Jackson Women's Health Organization TERMINATED: 06/27/2019

represented by Steven Mark Wann MAXEY WANN, PLLC 210 E. Capitol Street, Suite 1900 Jackson, MS 39201 (601) 355−8855 Email: mark@maxeywann.com LEAD ATTORNEY ATTORNEY TO BE NOTICED
Elliott V. Haller MAXEY WANN, PLLC P. O. Box 3977 210 E. Capitol Street, Ste. 2100 (39201) Jackson, MS 39207−3977 601/355−8855 Fax: 601/355−8881 Email: elliott@maxeywann.com ATTORNEY TO BE NOTICED

Date Filed 07/23/2014
07/23/2014

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

Case: 3:14-cv-568 As of: 05/21/2020 06:24 PM CDT 7 of 18

08/07/2014 08/08/2014
08/08/2014 08/08/2014 08/09/2014
08/09/2014 08/09/2014 08/11/2014
08/11/2014 08/18/2014 08/18/2014 08/18/2014 08/18/2014 08/18/2014 08/18/2014 08/18/2014 08/19/2014 08/19/2014 08/25/2014

3 AFFIDAVIT of Service for Summons and Complaint served on Mayor Tony Yarber on July 24, 2014, filed by Pro−Life Mississippi. (Thornton, Steve) (Entered: 08/07/2014)
DOCKET ANNOTATION as to # 3 . The incorrect event was chosen in filing this return. This document should have been docketed as Summons Returned Executed. Attorney is directed to refile using the correct event "Summons Returned Executed". (ND) (Entered: 08/08/2014)
4 SUMMONS Returned Executed by Pro−Life Mississippi City of Jackson, Mississippi served on 7/24/2014, answer due 8/14/2014. (Thornton, Steve) (Entered: 08/08/2014)
5 Defendants City of Jackson, and individually named officers, James McGowan, James Ross and Willis Thomas' ANSWER to 1 Complaint,, by City of Jackson, Mississippi.(Barker − City Gov, Claire) (Entered: 08/08/2014)
6 MOTION for Temporary Restraining Order and MOTION for Preliminary Injunction by Pro−Life Mississippi (Attachments: # 1 Exhibit Mann Declaration, # 2 Exhibit Brekeen Declaration, # 3 Exhibit McMillan Declaration, # 4 Exhibit Nederhoed Declaration, # 5 Exhibit Zastrow Declaration, # 6 Exhibit Aranda Declaration, # 7 Exhibit Thornton Declaration)(Thornton, Steve). (Entered: 08/09/2014)
7 MOTION Judicial Notice re 6 MOTION for Preliminary Injunction by Pro−Life Mississippi (Attachments: # 1 Exhibit Consent Decree)(Thornton, Steve) (Entered: 08/09/2014)
8 MOTION Memorandum In Support re 6 MOTION for Preliminary Injunction by Pro−Life Mississippi (Thornton, Steve) (Entered: 08/09/2014)
DOCKET ANNOTATION as to # 8 . The incorrect event was chosen in filing this document. This document should have been docketed as a "Memorandum in Support of Motion" event and NOT a Motion Event. Attorney is directed to refile using the correct event "Memorandum in Support of Motion". Motion 8 will be terminated on the docket. (ND) (Entered: 08/11/2014)
9 MEMORANDUM IN SUPPORT re 6 MOTION for Preliminary Injunction MOTION for Temporary Restraining Order filed by Pro−Life Mississippi (Thornton, Steve) (Entered: 08/11/2014)
10 SUMMONS Returned Executed by Pro−Life Mississippi Marie Hampton served on 8/8/2014, answer due 8/29/2014. (Thornton, Steve) (Entered: 08/18/2014)
11 SUMMONS Returned Executed by Pro−Life Mississippi Lindsay Horton served on 8/13/2014, answer due 9/3/2014. (Thornton, Steve) (Entered: 08/18/2014)
12 SUMMONS Returned Executed by Pro−Life Mississippi Mary James served on 8/7/2014, answer due 8/28/2014. (Thornton, Steve) (Entered: 08/18/2014)
13 SUMMONS Returned Executed by Pro−Life Mississippi James McGowan served on 8/7/2014, answer due 8/28/2014. (Thornton, Steve) (Entered: 08/18/2014)
14 SUMMONS Returned Executed by Pro−Life Mississippi Jesse Robinson served on 8/8/2014, answer due 8/29/2014. (Thornton, Steve) (Entered: 08/18/2014)
15 SUMMONS Returned Executed by Pro−Life Mississippi James Ross served on 8/7/2014, answer due 8/28/2014. (Thornton, Steve) (Entered: 08/18/2014)
16 SUMMONS Returned Executed by Pro−Life Mississippi Willis Thomas served on 8/7/2014, answer due 8/28/2014. (Thornton, Steve) (Entered: 08/18/2014)
17 ANSWER to 1 Complaint,, by Marie Hampton, Lindsay Horton, Mary James.(Barker − City Gov, Claire) (Entered: 08/19/2014)
18 ANSWER to 1 Complaint,, by Jesse Robinson.(Barker − City Gov, Claire) (Entered: 08/19/2014)
19 First MOTION for Extension of Time to File Response/Reply as to 6 MOTION for Preliminary Injunction MOTION for Temporary Restraining Order by City of Jackson, Mississippi (Barker − City Gov, Claire) (Entered: 08/25/2014)

Case: 3:14-cv-568 As of: 05/21/2020 06:24 PM CDT 8 of 18

08/26/2014 08/29/2014
08/29/2014 09/05/2014 09/09/2014
09/09/2014 09/12/2014 09/16/2014
09/17/2014 09/17/2014 09/17/2014
09/24/2014 09/24/2014

TEXT−ONLY ORDER granting 19 Motion for Extension of Time to File Response/Reply. The new deadline is August 29, 2014. NO FURTHER WRITTEN ORDER SHALL ISSUE. Signed by District Judge Carlton W. Reeves on 8/26/2014. (kf) (Entered: 08/26/2014)
20 Rule 16(a) Initial Order Telephonic Case Management Conference set for 10/16/2014 03:15 PM before Magistrate Judge F. Keith Ball. No later than seven (7) days prior to the TCMC, a confidential memorandum AND a proposed Case Management Order shall be submitted via e−mail to ball_chambers@mssd.uscourts.gov. The plaintiffs counsel shall set up the conference and contact the Court at 601−608−4460. (JEJ) (Entered: 08/29/2014)
21 RESPONSE in Opposition re 6 MOTION for Preliminary Injunction MOTION for Temporary Restraining Order filed by City of Jackson, Mississippi (Attachments: # 1 Exhibit A−Affidavit of James McGowan)(Barker − City Gov, Claire) (Entered: 08/29/2014)
22 MOTION for Allison Arranda and Catherine Short to Appear Pro Hac Vice by Pro−Life Mississippi (Attachments: # 1 Exhibit Application of A Arranda, # 2 Exhibit Application of K Short)(Thornton, Steve) (Entered: 09/05/2014)
TEXT−ONLY ORDER denying 22 Motion to Appear Pro Hac Vice. That the motion for pro hac vice admission of Allison Arranda and Catherine Short are denied for failure to attach a certificate of good standing by the appropriate licensing authority according to L. U. R. Civ. 83.1(d)(4) and for failure to pay the non−refundable fee according to L. U. R. Civ. 83.1(d)(5). No further written order shall issue from the Court. Signed by Magistrate Judge F. Keith Ball on 9/9/2014. (JEJ) (Entered: 09/09/2014)
23 Amended MOTION for Allison Arranda and Catherine Short to Appear Pro Hac Vice by Pro−Life Mississippi (Attachments: # 1 Exhibit Form 6 Pro Hac application, # 2 Exhibit Form 6 Pro Hac application)(Thornton, Steve) (Entered: 09/09/2014)
24 Rebuttal re 6 MOTION for Preliminary Injunction MOTION for Temporary Restraining Order filed by Pro−Life Mississippi (Attachments: # 1 Affidavit Exhibit A, # 2 Exhibit Exhibit B)(Thornton, Steve) (Entered: 09/12/2014)
TEXT−ONLY ORDER granting 23 Motion to Appear Pro Hac Vice. That Allison Arranda and Catherine Short be admitted pro hac vice in this case on behalf of the plaintiff in association with local counsel and upon registration for electronic filing as required by the Court. NO FURTHER WRITTEN ORDER SHALL ISSUE FROM THE COURT. Signed by Magistrate Judge F. Keith Ball on 9/16/2014. (JEJ) (Entered: 09/16/2014)
TEXT−ONLY ORDER: A status conference will be held on this day, September 17, 2014, at 3:00 p.m. Parties shall call in at (601)−608−3977. NO FURTHER WRITTEN ORDER SHALL ISSUE. Signed by District Judge Carlton W. Reeves on 9/17/2014 (kf) (Entered: 09/17/2014)
Set Hearing: Telephone Status Conference set for 9/17/2014 at 3:00 PM before District Judge Carlton W. Reeves. (JS) (Entered: 09/18/2014)
Minute Entry for proceedings held before District Judge Carlton W. Reeves: Telephone Status Conference held on 9/17/2014. Participants: Steve C. Thornton, Claire Barker and Allison Arranda. Set Hearing as to 6 MOTION for Preliminary Injunction; MOTION for Temporary Restraining Order : Motion Hearing set for 10/6/2014 at 9:00 AM in Courtroom 5B (Jackson) before District Judge Carlton W. Reeves. (JS) (Entered: 09/18/2014)
Set Hearing: Telephone Status Conference set for TODAY, 9/24/2014 at 3:00 PM before District Judge Carlton W. Reeves. At least one counsel for each party shall attend; that counsel should be informed of all scheduling conflicts of his/her co−counsel(s). CALL−IN TELEPHONE NUMBER is (601) 608−3977. (JS) (Entered: 09/24/2014)
Minute Entry for proceedings held before District Judge Carlton W. Reeves: Telephone Status Conference held on 9/24/2014. Participants: Allison K. Aranda, Catherine Short, Steve Thornton and Claire Barker. (JS) (Entered: 09/24/2014)

Case: 3:14-cv-568 As of: 05/21/2020 06:24 PM CDT 9 of 18

09/28/2014 10/03/2014 10/06/2014
10/07/2014
10/08/2014
10/09/2014 10/09/2014 10/09/2014 10/09/2014 10/10/2014 10/10/2014 10/14/2014
10/15/2014 10/16/2014
10/17/2014

25 NOTICE of Appearance by Lara E. Gill on behalf of All Defendants (Gill, Lara) (Entered: 09/28/2014)
26 NOTICE of Appearance by LaShundra B. Jackson−Winters on behalf of All Defendants (Jackson−Winters, LaShundra) (Entered: 10/03/2014)
Minute Entry for proceedings held before District Judge Carlton W. Reeves: Motion Hearing held on 10/6/2014 re 6 MOTION for Preliminary Injunction and MOTION for Temporary Restraining Order filed by Pro−Life Mississippi. Appearances: Allison K. Aranda, Steve C. Thornton, Claire Barker, LaShundra Jackson−Winters and Lara E. Gill. Motion hearing did not conclude and shall continue at a date/time TBA. Telephone Status Conference set for 10/7/2014 at 4:00 PM (CST) before District Judge Carlton W. Reeves to set hearing date. CALL−IN TELEPHONE NUMBER (601) 608−3977. Court Reporter/Transcriber Brenda Wolverton, Telephone Number : 601−608−4188. (JS) (Entered: 10/06/2014)
Minute Entry for proceedings held before District Judge Carlton W. Reeves: Telephone Status Conference held on 10/7/2014. Participants: Allison K. Aranda, Catherine Short, Steve C. Thornton, LaShundra Jackson−Winters and Lara E. Gill. Plaintiffs shall file any motion with respect to evidentiary issue regarding Plaintiff John Brekeen by 5:00 PM on 10/9/2014; Defendants shall respond on or before 5:00 PM on 10/15/2014. (JS) (Entered: 10/08/2014)
Hearing Continued as to 6 MOTION for Preliminary Injunction and MOTION for Temporary Restraining Order; and 7 MOTION Judicial Notice re 6 MOTION for Preliminary Injunction. Motion Hearing continued until 10/16/2014 at 9:00 AM in Courtroom 5B (Jackson) before District Judge Carlton W. Reeves. ELH 2 days. (JS) (Entered: 10/08/2014)
27 Subpoena Returned Executed as to Nathan Glenn. (Gill, Lara) (Entered: 10/09/2014)
28 Subpoena Returned Executed as to Tim Glenn. (Gill, Lara) (Entered: 10/09/2014)
29 MOTION in Limine regarding criminal conviction by Pro−Life Mississippi (Thornton, Steve) (Entered: 10/09/2014)
30 NOTICE of Use of Prior Conviction of Felony regarding Witness Untruthfulness by City of Jackson, Mississippi (Gill, Lara) (Entered: 10/09/2014)
DOCKET ANNOTATION as to # 29 : Incorrect pdf attached. Attorney directed to refile document. Motion 29 termed. (cwl) (Entered: 10/10/2014)
31 Amended MOTION in Limine regarding evidence of criminal conviction by Pro−Life Mississippi (Thornton, Steve) (Entered: 10/10/2014)
RESET Hearing: Telephonic Case Management Conference reset for 10/20/2014 10:00 AM before Magistrate Judge F. Keith Ball. No later than seven (7) days prior to the TCMC, a confidential memorandum AND a proposed Case Management Order shall be submitted via e−mail to ball_chambers@mssd.uscourts.gov. The plaintiffs counsel shall set up the conference and contact the Court at 601−608−4460. (JEJ) (Entered: 10/14/2014)
32 Subpoena Returned Executed as to Pieter Teeuwissen. (Gill, Lara) (Entered: 10/15/2014)
Minute Entry for proceedings held before District Judge Carlton W. Reeves: Motion Hearing held on 10/16/2014 re 7 MOTION Judicial Notice re 6 MOTION for Preliminary Injunction filed by Pro−Life Mississippi; and 6 MOTION for Preliminary Injunction−−MOTION for Temporary Restraining Order filed by Pro−Life Mississippi. Appearances: Allison K. Aranda, Steve C. Thornton, LaShundra Jackson−Winters and Lara E. Gill. Hearing continued. Court Reporter/Transcriber Brenda Wolverton, Telephone Number : 601−608−4188. (JS) (Entered: 10/16/2014)
TEXT−ONLY ORDER cancelling the telephonic case management conference set for October 20, 2014. This conference will be reset for a later date. No further written order shall issue from the Court. Signed by Magistrate Judge F. Keith Ball on 10/17/2014. (JEJ) (Entered: 10/17/2014)

Case: 3:14-cv-568 As of: 05/21/2020 06:24 PM CDT 10 of 18

10/17/2014 10/27/2014
10/27/2014 10/27/2014 10/27/2014 10/27/2014 10/27/2014 11/03/2014

Minute Entry for proceedings held before District Judge Carlton W. Reeves: Motion Hearing held on 10/17/2014 re 7 MOTION Judicial Notice re 6 MOTION for Preliminary Injunction filed by Pro−Life Mississippi and MOTION for Temporary Restraining Order filed by Pro−Life Mississippi. Appearances: Allison K. Aranda, Steve C. Thornton, Lara E. Gill and LaShundra Jackson−Winters. Motion Hearing continued until 10/27/2014 at 9:00 AM in Courtroom 5B (Jackson) before District Judge Carlton W. Reeves. Court Reporter/Transcriber Brenda Wolverton, Telephone Number : 601−608−4188. (JS) (Entered: 10/17/2014)
Minute Entry for proceedings held before District Judge Carlton W. Reeves: Motion Hearing held on 10/27/2014 re 7 MOTION Judicial Notice re 6 MOTION for Preliminary Injunction filed by Pro−Life Mississippi and 6 MOTION for Preliminary Injunction; MOTION for Temporary Restraining Order filed by Pro−Life Mississippi. Appearances: Allison K. Aranda, Steve C. Thornton, Lara E. Gill and LaShundra B. Jackson−Winters. Court heard more testimony, in additional to arguments of counsel. The Court ruled on the record; Text−Only Order to follow. The parties were instructed to contact the Magistrate Judge within five (5) days to request a Case Management Conference. Court Reporter/Transcriber Gina Morris, Telephone Number : 601−608−4187. (JS) (Entered: 10/27/2014)
TEXT ONLY ORDER denying 6 Motion for Preliminary Injunction; Motion for TRO; and granting 7 Motion for Judicial Notice re: 6 MOTION for Preliminary Injunction as stated on the record from the bench. NO FURTHER WRITTEN ORDER SHALL BE ISSUED. Signed by District Judge Carlton W. Reeves on 10/27/2014. (JS) (Entered: 10/27/2014)
34 PLAINTIFFS Exhibit List (Exhibits Offered Into Evidenced during Motion Hearing for Preliminary Injunction and Motion for TRO) by John Brekeen, Dana Chisholm, Laura Duran, Doug Lane, Ester Mann, Ronald Nederhoed, Berkeley Ostrander, Pro−Life Mississippi and Calvin Zastrow. (Attachments: # 1 Exhibit P−25 Photo, # 2 Exhibit P−27 Photo, # 3 Exhibit P−31 Photo, # 4 Exhibit P−32 Photo, # 5 Exhibit P−33 Photo, # 6 Exhibit P−34 Photo, # 7 Exhibit P−41 Photo, # 8 Exhibit P−43 Photo, # 9 Exhibit P−29 Photo, # 10 Exhibit P−12 Photo, # 11 Exhibit P−46 Photo, # 12 Exhibit P−51 Video)(JS) (Entered: 10/27/2014)
35 PLAINTIFFS Exhibit List (Exhibits Offered for ID Only during Motion Hearing for Preliminary Injunction and Motion for TRO) by John Brekeen, Dana Chisholm, Laura Duran, Doug Lane, Ester Mann, Ronald Nederhoed, Berkeley Ostrander, Pro−Life Mississippi and Calvin Zastrow. (Attachments: # 1 Exhibit P−24 Photo, # 2 Exhibit P−15 Photo, # 3 Exhibit P−1 Photo, # 4 Exhibit P−2 Photo, # 5 Exhibit P−3 Photo)(JS) (Entered: 10/27/2014)
37 DEFENDANTS Exhibit List (Exhibits Offered Into Evidenced during Motion Hearing for Preliminary Injunction and Motion for TRO) by City of Jackson, Mississippi, Marie Hampton, Lindsay Horton, Mary James, James McGowan, Jesse Robinson, James Ross, Willis Thomas AND Unknown Officers 1 − 10. (Attachments: # 1 Exhibit D−27 Photo, # 2 Exhibit D−30 Photo, # 3 Exhibit D−50 Photo, # 4 Exhibit D−49 Photo, # 5 Exhibit D−9 Photo, # 6 Exhibit D−5 Photo, # 7 Exhibit D−3 Photo, # 8 Exhibit D−51 Incident Report, # 9 Exhibit D−28 Photo, # 10 Exhibit D−19 Photo, # 11 Exhibit D−14 Photo, # 12 Exhibit D−52 Incident Report, # 13 Exhibit D−53 Video CD)(JS) (Entered: 10/27/2014)
38 DEFENDANTS Exhibit List (Exhibits Offered for ID Only during Motion Hearing for Preliminary Injunction and Motion for TRO) by City of Jackson, Mississippi, Marie Hampton, Lindsay Horton, Mary James, James McGowan, Jesse Robinson, James Ross, Willis Thomas and Unknown Officers 1 − 10. (Attachments: # 1 Exhibit D−1 Photo, # 2 Exhibit D−2 Photo, # 3 Exhibit D−22 Photo, # 4 Exhibit D−35 Photo)(JS) (Entered: 10/27/2014)
Set Hearing: Telephonic Case Management Conference set for 11/18/2014 03:00 PM before Magistrate Judge F. Keith Ball. No later than seven (7) days prior to the TCMC, a confidential memorandum AND a proposed Case Management Order shall be submitted via e−mail to ball_chambers@mssd.uscourts.gov. The plaintiffs counsel shall set up the conference and contact the Court at 601−608−4460. (JEJ) (Entered: 11/03/2014)

Case: 3:14-cv-568 As of: 05/21/2020 06:24 PM CDT 11 of 18

11/03/2014
11/17/2014 11/17/2014 11/18/2014 11/18/2014
11/24/2014 11/25/2014 11/25/2014 11/25/2014 12/01/2014 12/29/2014

39 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Ruling of the Court on Motion for TRO and Preliminary Injunction held on 10−27−2014 before Judge Carlton W. Reeves. Court Reporter Gina Morris, Telephone Number : 601−608−4187. NOTICE RE : REDACTION OF TRANSCRIPTS: The parties have seven (7) calendar days to file with the Court a Notice of Intent to Request Redaction of this transcript. If no Notice is filed, the transcript will be made electronically available to the public without redaction after 90 calendar days. The policy is located on the court website at www.mssd.uscourts.gov. Transcript may be viewed at the court public terminal or purchased through the Court Reporter before the deadline for Release of Transcript Restriction. After that date it may be obtained through the Court Reporter or PACER. Redaction Request due 11/24/2014. Redacted Transcript Deadline set for 12/4/2014. Release of Transcript Restriction set for 2/2/2015. (GM) (Entered: 11/03/2014)
40 NOTICE of Service of Pre−Discovery Disclosure by John Brekeen, Dana Chisholm, Laura Duran, Doug Lane, Ester Mann, Ronald Nederhoed, Berkeley Ostrander, Pro−Life Mississippi, Calvin Zastrow (Aranda − PHV, Allison) (Entered: 11/17/2014)
41 NOTICE OF CONSTITUTIONAL QUESTION by John Brekeen, Dana Chisholm, Laura Duran, Doug Lane, Ester Mann, Ronald Nederhoed, Berkeley Ostrander, Pro−Life Mississippi, Calvin Zastrow (Aranda − PHV, Allison) (Entered: 11/17/2014)
Minute Entry for proceedings held before Magistrate Judge F. Keith Ball: Telephonic Case Management Conference held on 11/18/2014 in Jackson, MS. Appearing: Steve Thornton, Allison Aranda, Catherine Short, Lara Gill and LaShundra Jackson−Winters. (JEJ) (Entered: 11/18/2014)
42 CASE MANAGEMENT ORDER. Disclosure due by 11/28/2014; Motions for Amended Pleadings due by 12/19/2014; Motions for Joinder of Parties due by 12/19/2014; Designate Experts Plaintiff Deadline due by 12/23/2014; Designate Experts for Defendant Deadline due by 1/23/2015; Discovery due by 3/27/2015; Motions due by 4/17/2015; Pretrial Conference set for 5/22/2015, time to be determined,in Courtroom 5B (Jackson) Reeves before District Judge Carlton W. Reeves; Jury Trial set for a two−week term of court commencing 6/15/2015 09:00 AM in Courtroom 5B (Jackson) Reeves before District Judge Carlton W. Reeves; Settlement Conference set for 2/13/2015 09:00 AM before Magistrate Judge F. Keith Ball. Seven (7) days prior to the settlement conference, the parties shall submit via e−mail to ball_chambers@mssd.uscourts.gov an updated CONFIDENTIAL SETTLEMENT MEMORANDUM. All parties are required to be present at the conference unless excused by the Court. If a party believes the scheduled settlement conference would not be productive and should be cancelled, the party is directed to inform the Court via e−mail of the grounds for their belief at least seven (7) days prior to the conference. Signed by Magistrate Judge F. Keith Ball on 11/18/2014. (JEJ) (Entered: 11/18/2014)
43 MOTION to Withdraw as Attorney by City of Jackson, Mississippi (Gill, Lara) (Entered: 11/24/2014)
TEXT ONLY ORDER granting 43 Motion to Withdraw as Attorney. Attorney Lara E. Gill terminated. NO FURTHER WRITTEN ORDER WILL ISSUE. Signed by Magistrate Judge F. Keith Ball on 11/25/14. (YWJ) (Entered: 11/25/2014)
44 NOTICE OF APPEAL as to Order on Motion for Preliminary Injunction, Order on Motion for Miscellaneous Relief, Order on Motion for TRO,,, by John Brekeen, Dana Chisholm, Laura Duran, Doug Lane, Ester Mann, Ronald Nederhoed, Berkeley Ostrander, Pro−Life Mississippi, Calvin Zastrow. Filing fee $ 505, receipt number 0538−2828013. Appeal Record due by 12/10/2014 (Aranda − PHV, Allison) (Entered: 11/25/2014)
Appeal Remark re 44 Notice of Appeal: Transcript Order Form mailed to attorney Allison K. Aranda, PO Box 890685, Temecula, CA 92589. (cwl) (Entered: 11/25/2014)
45 NOTICE of Service of Initial Disclosure by City of Jackson, Mississippi (Jackson−Winters, LaShundra) (Entered: 12/01/2014)
46 TRANSCRIPT REQUEST by John Brekeen, Dana Chisholm, Laura Duran, Doug Lane, Ester Mann, Ronald Nederhoed, Berkeley Ostrander, Pro−Life Mississippi, Calvin Zastrow for proceedings held on 10−6−14, 10−16−14, 10−17−14, and

Case: 3:14-cv-568 As of: 05/21/2020 06:24 PM CDT 12 of 18

12/31/2014 01/06/2015 01/08/2015 01/30/2015 01/30/2015

10−27−14 before Judge Reeves. (ND) (Entered: 12/30/2014)
47 NOTICE OF FILING OF OFFICIAL TRANSCRIPT OF DESIGNATED PORTIONS FOR APPEAL for dates of 10/6/2014 before Judge Carlton W. Reeves, re 44 Notice of Appeal, Court Reporter/Transcriber Brenda Wolverton, Telephone Number : 601−608−4188. NOTICE RE : REDACTION OF TRANSCRIPTS: The parties have seven (7) calendar days to file with the Court a Notice of Intent to Request Redaction of this transcript. If no Notice is filed, the transcript will be made electronically available to the public without redaction after 90 calendar days. The policy is located on the court website at www.mssd.uscourts.gov. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 1/21/2015. Redacted Transcript Deadline set for 2/2/2015. Release of Transcript Restriction set for 3/31/2015. (BW) (Entered: 12/31/2014)
48 NOTICE OF FILING OF OFFICIAL TRANSCRIPT OF DESIGNATED PORTIONS FOR APPEAL for dates of 10/16/2014 before Judge Carlton W. Reeves, re 44 Notice of Appeal, Court Reporter Brenda Wolverton, Telephone Number : 601−608−4188. NOTICE RE : REDACTION OF TRANSCRIPTS: The parties have seven (7) calendar days to file with the Court a Notice of Intent to Request Redaction of this transcript. If no Notice is filed, the transcript will be made electronically available to the public without redaction after 90 calendar days. The policy is located on the court website at www.mssd.uscourts.gov. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 1/27/2015. Redacted Transcript Deadline set for 2/6/2015. Release of Transcript Restriction set for 4/6/2015. (BW) (Entered: 01/06/2015)
49 NOTICE OF FILING OF OFFICIAL TRANSCRIPT OF DESIGNATED PORTIONS FOR APPEAL for dates of 10/17/2014 before Judge Carlton W. Reeves, re 44 Notice of Appeal, Court Reporter Brenda Wolverton, Telephone Number : 601−608−4188. NOTICE RE : REDACTION OF TRANSCRIPTS: The parties have seven (7) calendar days to file with the Court a Notice of Intent to Request Redaction of this transcript. If no Notice is filed, the transcript will be made electronically available to the public without redaction after 90 calendar days. The policy is located on the court website at www.mssd.uscourts.gov. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 1/29/2015. Redacted Transcript Deadline set for 2/9/2015. Release of Transcript Restriction set for 4/8/2015. (BW) (Entered: 01/08/2015)
50 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Continued Testimony of James McGowan for dates of 10−17−2014 before Judge Carlton W. Reeves, re 44 Notice of Appeal, Court Reporter/Transcriber Gina Morris, Telephone Number : 601−608−4187. NOTICE RE : REDACTION OF TRANSCRIPTS: The parties have seven (7) calendar days to file with the Court a Notice of Intent to Request Redaction of this transcript. If no Notice is filed, the transcript will be made electronically available to the public without redaction after 90 calendar days. The policy is located on the court website at www.mssd.uscourts.gov. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 2/20/2015. Redacted Transcript Deadline set for 3/2/2015. Release of Transcript Restriction set for 4/30/2015. (GM) (Entered: 01/30/2015)
51 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Testimony of Nathan Glenn for dates of 10−17−2014 before Judge Carlton W. Reeves, re 44 Notice of Appeal, Court Reporter/Transcriber Gina Morris, Telephone Number : 601−608−4187. NOTICE RE : REDACTION OF TRANSCRIPTS: The parties have seven (7) calendar days to file with the Court a Notice of Intent to Request Redaction of this transcript. If no Notice is filed, the transcript will be made electronically available to the public without redaction after 90 calendar days. The policy is located on the court website at www.mssd.uscourts.gov. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction

Case: 3:14-cv-568 As of: 05/21/2020 06:24 PM CDT 13 of 18

01/30/2015
01/30/2015
01/30/2015
01/30/2015
02/02/2015 02/10/2015 02/11/2015

Request due 2/20/2015. Redacted Transcript Deadline set for 3/2/2015. Release of Transcript Restriction set for 4/30/2015. (GM) (Entered: 01/30/2015)
52 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Testimony of Doug Lane for dates of 10−27−2014 before Judge Carlton W. Reeves, re 44 Notice of Appeal, Court Reporter/Transcriber Gina Morris, Telephone Number : 601−608−4187. NOTICE RE : REDACTION OF TRANSCRIPTS: The parties have seven (7) calendar days to file with the Court a Notice of Intent to Request Redaction of this transcript. If no Notice is filed, the transcript will be made electronically available to the public without redaction after 90 calendar days. The policy is located on the court website at www.mssd.uscourts.gov. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 2/20/2015. Redacted Transcript Deadline set for 3/2/2015. Release of Transcript Restriction set for 4/30/2015. (GM) (Entered: 01/30/2015)
53 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Testimony of Allyse Villavaso for dates of 10−27−2014 before Judge Carlton W. Reeves, re 44 Notice of Appeal, Court Reporter/Transcriber Gina Morris, Telephone Number : 601−608−4187. NOTICE RE : REDACTION OF TRANSCRIPTS: The parties have seven (7) calendar days to file with the Court a Notice of Intent to Request Redaction of this transcript. If no Notice is filed, the transcript will be made electronically available to the public without redaction after 90 calendar days. The policy is located on the court website at www.mssd.uscourts.gov. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 2/20/2015. Redacted Transcript Deadline set for 3/2/2015. Release of Transcript Restriction set for 4/30/2015. (GM) (Entered: 01/30/2015)
54 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Renewed Motion to Dismiss for dates of 10−27 before Judge Carlton W. Reeves, re 44 Notice of Appeal, Court Reporter/Transcriber Gina Morris, Telephone Number : 601−608−4187. NOTICE RE : REDACTION OF TRANSCRIPTS: The parties have seven (7) calendar days to file with the Court a Notice of Intent to Request Redaction of this transcript. If no Notice is filed, the transcript will be made electronically available to the public without redaction after 90 calendar days. The policy is located on the court website at www.mssd.uscourts.gov. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 2/20/2015. Redacted Transcript Deadline set for 3/2/2015. Release of Transcript Restriction set for 4/30/2015. (GM) (Entered: 01/30/2015)
55 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Closing Arguments for dates of 10−27−2014 before Judge Carlton W. Reeves, re 44 Notice of Appeal, Court Reporter/Transcriber Gina Morris, Telephone Number : 601−608−4187. NOTICE RE : REDACTION OF TRANSCRIPTS: The parties have seven (7) calendar days to file with the Court a Notice of Intent to Request Redaction of this transcript. If no Notice is filed, the transcript will be made electronically available to the public without redaction after 90 calendar days. The policy is located on the court website at www.mssd.uscourts.gov. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 2/20/2015. Redacted Transcript Deadline set for 3/2/2015. Release of Transcript Restriction set for 4/30/2015. (GM) (Entered: 01/30/2015)
Certified and Transmitted Record on Appeal electronically to US Court of Appeals in re 44 Notice of Appeal. (ND) (Entered: 02/02/2015)
56 TRANSCRIPT REQUEST by City of Jackson, Mississippi for proceedings held on 10/6/2014; 10/16−17/2014; 10/27/2014 before Judge Carlton Reeves. (Barker − City Gov, Claire) (Entered: 02/10/2015)
Set Hearing: Telephonic Status Conference set for 2/12/2015 02:00 PM before Magistrate Judge F. Keith Ball. Counsel for Plaintiffs shall set up the conference and contact the Court at 601−608−4460. (JEJ) (Entered: 02/11/2015)

Case: 3:14-cv-568 As of: 05/21/2020 06:24 PM CDT 14 of 18

02/12/2015 03/06/2015
03/09/2015 03/10/2015
03/10/2015
03/10/2015
03/10/2015

TEXT−ONLY ORDER cancelling telephonic case status conference set for February 12, 2015. No further written order shall issue from the Court. Signed by Magistrate Judge F. Keith Ball on 2/12/15. (JEJ) (Entered: 02/12/2015)
57 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of continuation of testimony of James McGowan for dates of 10−17−2014 before Judge Carlton W. Reeves, re 44 Notice of Appeal, Court Reporter/Transcriber Gina Morris, Telephone Number : 601−608−4187. NOTICE RE : REDACTION OF TRANSCRIPTS: The parties have seven (7) calendar days to file with the Court a Notice of Intent to Request Redaction of this transcript. If no Notice is filed, the transcript will be made electronically available to the public without redaction after 90 calendar days. The policy is located on the court website at www.mssd.uscourts.gov. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 3/27/2015. Redacted Transcript Deadline set for 4/6/2015. Release of Transcript Restriction set for 6/4/2015. (GM) (Entered: 03/06/2015)
DOCKET ANNOTATION as to # 50 . There is an error in this entry, and it should be disregarded. It has been correctly refiled as Doc. 57 . (ND) (Entered: 03/09/2015)
58 NOTICE OF FILING OF OFFICIAL TRANSCRIPT OF DEFENDANT DESIGNATED PORTIONS FOR APPEAL for dates of 10/6/2014 before Judge Carlton W. Reeves, re 44 Notice of Appeal, Court Reporter Brenda Wolverton, Telephone Number : 601−608−4188. NOTICE RE : REDACTION OF TRANSCRIPTS: The parties have seven (7) calendar days to file with the Court a Notice of Intent to Request Redaction of this transcript. If no Notice is filed, the transcript will be made electronically available to the public without redaction after 90 calendar days. The policy is located on the court website at www.mssd.uscourts.gov. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 3/31/2015. Redacted Transcript Deadline set for 4/10/2015. Release of Transcript Restriction set for 6/8/2015. (BW) (Entered: 03/10/2015)
59 NOTICE OF FILING OF OFFICIAL TRANSCRIPT OF DEFENDANT DESIGNATED PORTIONS FOR APPEAL for dates of 10/16/2014 before Judge Carlton W. Reeves, re 44 Notice of Appeal, Court Reporter Brenda Wolverton, Telephone Number : 601−608−4188. NOTICE RE : REDACTION OF TRANSCRIPTS: The parties have seven (7) calendar days to file with the Court a Notice of Intent to Request Redaction of this transcript. If no Notice is filed, the transcript will be made electronically available to the public without redaction after 90 calendar days. The policy is located on the court website at www.mssd.uscourts.gov. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 3/31/2015. Redacted Transcript Deadline set for 4/10/2015. Release of Transcript Restriction set for 6/8/2015. (BW) (Entered: 03/10/2015)
60 NOTICE OF FILING OF OFFICIAL TRANSCRIPT OF DEFENDANT DESIGNATED PORTIONS FOR APPEAL for dates of 10/17/2014 before Judge Carlton W. Reeves, re 44 Notice of Appeal, Court Reporter Brenda Wolverton, Telephone Number : 601−608−4188. NOTICE RE : REDACTION OF TRANSCRIPTS: The parties have seven (7) calendar days to file with the Court a Notice of Intent to Request Redaction of this transcript. If no Notice is filed, the transcript will be made electronically available to the public without redaction after 90 calendar days. The policy is located on the court website at www.mssd.uscourts.gov. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 3/31/2015. Redacted Transcript Deadline set for 4/10/2015. Release of Transcript Restriction set for 6/8/2015. (BW) (Entered: 03/10/2015)
61 NOTICE OF FILING OF OFFICIAL TRANSCRIPT OF MOTION HEARING for dates of 10−17−2014 and 10−27−2104 before Judge Carlton W. Reeves, re 44 Notice of Appeal, Court Reporter/Transcriber Gina Morris, Telephone Number :

Case: 3:14-cv-568 As of: 05/21/2020 06:24 PM CDT 15 of 18

03/17/2015 04/03/2015 05/22/2015 05/22/2015 10/02/2015
01/26/2016 01/26/2016
01/26/2016
02/09/2016 03/10/2016 03/10/2016 03/10/2016 03/11/2016

601−608−4187. NOTICE RE : REDACTION OF TRANSCRIPTS: The parties have seven (7) calendar days to file with the Court a Notice of Intent to Request Redaction of this transcript. If no Notice is filed, the transcript will be made electronically available to the public without redaction after 90 calendar days. The policy is located on the court website at www.mssd.uscourts.gov. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 3/31/2015. Redacted Transcript Deadline set for 4/10/2015. Release of Transcript Restriction set for 6/8/2015. (GM) (Entered: 03/10/2015)
Certified and Transmitted Record on Appeal electronically to US Court of Appeals in re 44 Notice of Appeal. (ND) (Entered: 03/17/2015)
62 Supplemental Exhibit List − (2 CDs placed in the Exhibit Room) (ND) (Entered: 04/03/2015)
Minute Entry for proceedings held before District Judge Carlton W. Reeves: Telephone Status Conference held on 5/22/2015. Participants: Allison Aranda and Claire Barker. (JS) (Entered: 05/22/2015)
TEXT ONLY ORDER STAYING CASE pending ruling from Fifth Circuit on the pending appeal. NO FURTHER WRITTEN ORDER SHALL BE ISSUED. Signed by District Judge Carlton W. Reeves on 5/22/2015. (JS) (Entered: 05/22/2015)
63 TEXT−ONLY ORDER DISMISSING WITHOUT PREJUDICE 31 Amended Motion in Limine. If necessary, Plaintiff may re−file if a new trial date is set after the Fifth Circuit renders a decision on the appeal before it. NO FURTHER WRITTEN ORDER SHALL BE ISSUED BY THE COURT. Signed by District Judge Carlton W. Reeves on 10/02/2015. (AN) (Entered: 10/02/2015)
64 Copy of Opinion − USCA Affirming the District Court's Denial of the Preliminary Injunction in re 44 Notice of Appeal. (Attachments: # 1 Envelope)(ND) (Entered: 01/26/2016)
65 CERTIFIED COPY OF USCA JUDGMENT/MANDATE Affirming the Judgment of the District Court as to 44 Notice of Appeal filed by Ester Mann, Berkeley Ostrander, John Brekeen, Pro−Life Mississippi, Laura Duran, Dana Chisholm, Ronald Nederhoed, Calvin Zastrow, Doug Lane. (Attachments: # 1 Envelope)(ND) (Entered: 01/26/2016)
TEXT ONLY ORDER LIFTING STAY of this case pursuant to 65 Mandate Issued on 1/26/2016 by the United States Court of Appeals for the Fifth Circuit; and further directing the parties to contact the Chambers of the Magistrate Judge within 10 days of this Order for a new scheduling order. NO FURTHER WRITTEN ORDER SHALL BE ISSUED. Signed by District Judge Carlton W. Reeves on 1/26/2016. (JS) (Entered: 01/26/2016)
Set Hearing: Telephonic Scheduling Conference set for 3/10/2016 10:00 AM before Magistrate Judge F. Keith Ball. Counsel for the plaintiffs shall set up the conference and contact the Court at 601−608−4460. (JEJ) (Entered: 02/09/2016)
66 MOTION to Withdraw as Attorney of Record by City of Jackson, Mississippi (Barker − City Gov, Claire) (Entered: 03/10/2016)
67 Amended MOTION to Withdraw as Attorney of Record by City of Jackson, Mississippi (Barker − City Gov, Claire) (Entered: 03/10/2016)
Minute Entry for proceedings held before Magistrate Judge F. Keith Ball: Telephonic Case Management Conference held on 3/10/2016 in Jackson, MS. Appearances: Allison Aranda, Claire Barker and LaShundra Jackson−Winters. (JEJ) (Entered: 03/11/2016)
RESET Scheduling Order Deadlines/Hearings: Designate Experts Plaintiff Deadline due by 5/24/2016; Designate Experts for Defendant Deadline due by 6/23/2016; Discovery due by 8/23/2016; Motions due by 9/26/2016; Settlement Conference set for 9/9/2016 09:00 AM before Magistrate Judge F. Keith Ball; Pretrial Conference set for 1/13/2017, time to be determined, in Courtroom 5B (Jackson) Reeves before District

Case: 3:14-cv-568 As of: 05/21/2020 06:24 PM CDT 16 of 18

03/14/2016
05/02/2016 05/02/2016
05/16/2016 05/26/2016 06/08/2016 06/22/2016 06/23/2016 06/23/2016
06/23/2016 06/30/2016 07/11/2016 07/11/2016 07/12/2016 07/12/2016 07/15/2016 08/01/2016 08/08/2016 08/09/2016 08/15/2016

Judge Carlton W. Reeves; Jury Trial set for a two−week term of court commencing 2/6/2017 09:00 AM in Courtroom 5B (Jackson) Reeves before District Judge Carlton W. Reeves. (JEJ) (Entered: 03/11/2016)
TEXT−ONLY ORDER terminating as moot 66 Motion to Withdraw as Attorney; granting 67 Motion to Withdraw as Attorney. Attorney Claire Barker − City Gov terminated. NO FURTHER WRITTEN ORDER SHALL ISSUE. Signed by Magistrate Judge F. Keith Ball on 3/14/2016. (JRB) (Entered: 03/14/2016)
68 NOTICE OF INTENT TO SERVE SUBPOENA by Pro−Life Mississippi (Thornton, Steve) (Entered: 05/02/2016)
DOCKET ANNOTATION as to # 68 . Notice and exhibits are filed as one main document. Exhibits should be scanned separately and docketed as properly identified attachments to the main document within the same docket entry. Attorney is directed to follow this procedure in future filings. L.U.Civ.R. 7.(b)(2). (ND) (Entered: 05/02/2016)
69 NOTICE of Service of Request for Admissions by Pro−Life Mississippi (Thornton, Steve) (Entered: 05/16/2016)
70 NOTICE of Service of Interrogatories by Pro−Life Mississippi (Thornton, Steve) (Entered: 05/26/2016)
71 NOTICE of Service of Request for Production by Pro−Life Mississippi (Thornton, Steve) (Entered: 06/08/2016)
72 NOTICE of Service of Response to Request for Admissions by City of Jackson, Mississippi (Jackson−Winters − City Gov, LaShundra) (Entered: 06/22/2016)
73 NOTICE of Service of Designation of Experts by City of Jackson, Mississippi (Jackson−Winters − City Gov, LaShundra) (Entered: 06/23/2016)
DOCKET ANNOTATION as to # 73 . This document is not signed in compliance with the court's Administrative Procedures for Electronic Case Filing Sec. 3.D.1. which pertains to both civil and criminal pleadings. Attorney is directed to refile the document with an appropriate signature. (ND) (Entered: 06/23/2016)
74 NOTICE of Service of Designation of Experts by City of Jackson, Mississippi (Jackson−Winters − City Gov, LaShundra) (Entered: 06/23/2016)
75 NOTICE of Service of Response to Interrogatories by City of Jackson, Mississippi (Jackson−Winters−City Gov, LaShundra) (Entered: 06/30/2016)
76 NOTICE of Service of Discovery Response to Interrogatories by City of Jackson, Mississippi (Jackson−Winters−City Gov, LaShundra) (Entered: 07/11/2016)
77 NOTICE of Service of Discovery Response to Request for Production by City of Jackson, Mississippi (Jackson−Winters−City Gov, LaShundra) (Entered: 07/11/2016)
78 NOTICE of Service of Interrogatories by City of Jackson, Mississippi (Jackson−Winters−City Gov, LaShundra) (Entered: 07/12/2016)
79 NOTICE of Service of Request for Production by City of Jackson, Mississippi (Jackson−Winters−City Gov, LaShundra) (Entered: 07/12/2016)
80 NOTICE of Service of Request for Admissions by City of Jackson, Mississippi (Jackson−Winters−City Gov, LaShundra) (Entered: 07/15/2016)
81 NOTICE of Service of Response to Request for Admissions by Pro−Life Mississippi (Thornton, Steve) (Entered: 08/01/2016)
82 Joint MOTION to Extend Discovery and Motions Deadline by Pro−Life Mississippi (Thornton, Steve) (Entered: 08/08/2016)
83 ORDER denying without prejudice 82 Motion to Extend Deadline. Signed by Magistrate Judge F. Keith Ball on 8/9/2016. (JRB) (Entered: 08/09/2016)
84 Joint MOTION to Continue Trial and Extend Deadlines by Pro−Life Mississippi (Thornton, Steve) (Entered: 08/15/2016)

Case: 3:14-cv-568 As of: 05/21/2020 06:24 PM CDT 17 of 18

08/16/2016
08/16/2016
09/09/2016 09/09/2016
09/15/2016
09/19/2016 09/19/2016 09/23/2016 10/04/2016 10/17/2016 01/24/2019 01/24/2019 01/24/2019 01/24/2019

TEXT−ONLY ORDER granting 84 Motion to Continue. The deadlines are extended and the pretrial conference and trial are reset as set forth in separate docket entry to follow. The settlement conference remains scheduled for 9/9/2016 at 9:00 a.m. before Magistrate Judge F. Keith Ball. NO FURTHER WRITTEN ORDER SHALL ISSUE. Signed by Magistrate Judge F. Keith Ball on 8/16/2016. (JRB) (Entered: 08/16/2016)
Set/Reset Deadlines: Discovery due by 10/24/2016; Motions due by 11/28/2016. Set/Reset Hearings: Pretrial Conference set for 4/7/2017, time to be determined, in Courtroom 5B (Jackson) Reeves before District Judge Carlton W. Reeves; Jury Trial set for a two−week term of court commencing 5/1/2017 09:00 AM in Courtroom 5B (Jackson) Reeves before District Judge Carlton W. Reeves. (JRB) (Entered: 08/16/2016)
Minute Entry for proceedings held before Magistrate Judge F. Keith Ball: Settlement Conference held on 9/9/2016 in Jackson, MS. Appearances: Steve C. Thornton, LaShundra Jackson−Winters and Gail W. Lowery. This case has settled. (JEJ) (Entered: 09/09/2016)
Set Hearings: Telephonic Status Conference set for 9/19/2016 11:00 AM before Magistrate Judge F. Keith Ball and Telephonic Status Conference set for 9/21/2016 09:00 AM before Magistrate Judge F. Keith Ball. Counsel for the plaintiff shall set up the conference calls and contact the Court at 601−608−4460. (JEJ) (Entered: 09/09/2016)
RESET Hearings: Status Conference reset for 9/19/2016 11:00 AM before Magistrate Judge F. Keith Ball IN CHAMBERS and Telephonic Status Conference remains set for 9/21/2016 09:00 AM before Magistrate Judge F. Keith Ball. Counsel for Plaintiffs should set up the conference and contact the Court at 601−608−4460. (JEJ) (Entered: 09/15/2016)
RESET Hearing: This hearing reset to indicate that it will be held by telephone. Counsel for Plaintiff shall set up the conference and contact the Court at 601−608−4460. Telephonic Status Conference reset for 9/19/2016 11:00 AM before Magistrate Judge F. Keith Ball. (JEJ) (Entered: 09/19/2016)
Minute Entry for proceedings held before Magistrate Judge F. Keith Ball: Telephonic Status Conference held on 9/19/2016 in Jackson, MS. Appearances: Steve Thornton and LaShundra Jackson−Winters. (JEJ) (Entered: 09/21/2016)
85 Joint MOTION to Approve Consent Judgment by Pro−Life Mississippi (Attachments: # 1 Supplement Consent Decree attached to Joint Motion for Consent Decree)(Thornton, Steve) (Entered: 09/23/2016)
86 CONSENT DECREE granting 85 Joint Motion to Approve Consent Judgment. Signed by District Judge Carlton W. Reeves on 10/4/2016 (ND) (Entered: 10/04/2016)
87 Partial Satisfaction of Judgment by City of Jackson, Mississippi (Jackson−Winters−City Gov, LaShundra) (Entered: 10/17/2016)
88 NOTICE of Appearance by Steven Mark Wann on behalf of All Women's Healthcare of Jackson, Inc. d/b/a Jackson Women's Health Organization (Wann, Steven) (Entered: 01/24/2019)
89 NOTICE of Appearance by Elliott V. Haller on behalf of All Women's Healthcare of Jackson, Inc. d/b/a Jackson Women's Health Organization (Haller, Elliott) (Entered: 01/24/2019)
90 MOTION to Intervene Under Rule 24(a)(2) and (b) of the Federal Rules of Civil Procedure by All Women's Healthcare of Jackson, Inc. d/b/a Jackson Women's Health Organization (Attachments: # 1 Exhibit A− Affidavit of Diane Derzis, # 2 Exhibit B−Affidavit of Shannon Brewer)(Haller, Elliott) (Entered: 01/24/2019)
91 MEMORANDUM in Support re 90 MOTION to Intervene Under Rule 24(a)(2) and (b) of the Federal Rules of Civil Procedure filed by All Women's Healthcare of Jackson, Inc. d/b/a Jackson Women's Health Organization (Haller, Elliott) (Entered: 01/24/2019)

Case: 3:14-cv-568 As of: 05/21/2020 06:24 PM CDT 18 of 18

02/07/2019
02/07/2019 02/08/2019 02/14/2019 06/27/2019 06/27/2019

92 Response in Opposition re 90 MOTION to Intervene Under Rule 24(a)(2) and (b) of the Federal Rules of Civil Procedure by All Women's Healthcare of Jackson, Inc. d/b/a Jackson Women's Health Organization (Attachments: # 1 Exhibit A− Affidavit of Diane Derzis, # 2 Exhibit B−Affidavit of Shannon Brewer)(Haller, Elliott) filed by Pro−Life Mississippi (Attachments: # 1 Exhibit 2014 article, # 2 Exhibit 2016 article)(Thornton, Steve) (Entered: 02/07/2019)
93 MOTION for Extension of Time to File Response/Reply as to 90 MOTION to Intervene Under Rule 24(a)(2) and (b) of the Federal Rules of Civil Procedure by City of Jackson, Mississippi (Jackson−Winters−City Gov, LaShundra) (Entered: 02/07/2019)
TEXT−ONLY ORDER denying without prejudice 93 Motion for Extension of Time to File Response. Defendant is directed to comply with Local Rule 7(b)(10). Signed by District Judge Carlton W. Reeves on 2/8/2019. NO FURTHER WRITTEN ORDER SHALL ISSUE ON THIS MOTION. (DJ) (Entered: 02/08/2019)
94 Rebuttal re 90 MOTION to Intervene Under Rule 24(a)(2) and (b) of the Federal Rules of Civil Procedure Rebuttal Memorandum in Support of Motion to Intervene filed by All Women's Healthcare of Jackson, Inc. d/b/a Jackson Women's Health Organization (Haller, Elliott) (Entered: 02/14/2019)
95 ORDER denying 90 Motion to Intervene. Signed by District Judge Carlton W. Reeves on 6/27/2019. (DJ) (Entered: 06/27/2019)
96 CORRECTED ORDER denying 90 Motion to Intervene. Signed by District Judge Carlton W. Reeves on 6/27/2019. (DJ) (Entered: 06/27/2019)