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

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A.M., by and through his next friend, Jeanette

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SOUTHERN OISTfiiCi OF MISSISSIPPI
[J~!:J FILE 0 \

BY

_ ___,~~UTYJ

Murry; on behalf of himself and all other persons )

similarly situated,

)

)

Plaintiff,

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v.

) )

CaseNo. j: Jf C,t; ffl'-1 15/;mTP

)

JACKSON PUBLIC SCHOOLS BOARD OF

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TRUSTEES, in its official capacity; DR. LONNIE )

J. EDWARDS, SR., in his official capacity as

)

Superintendent at Jackson Public Schools;

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GLENN DAVIS, in his official capacity as

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Director of Security at Jackson Public Schools )

MARIE HARRIS, in her official capacity as

)

Principal at Capital City Alternative School;

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BOBBY WALDEN, in his official capacity as

)

Vice Principal at Capital City Alternative School; )

FRANKLIN MCKEE, in his official capacity as )

school safety officer at Capital City Alternative )

School; STACEY GREENWOOD, in her official )

capacity as school safety officer at Capital City )

Alternative School,

)

)

Defendants.

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COMPLAINT 1. This civil rights action is filed pursuant to 42 U.S.C. § 1983 to protect Jackson Public Schools students from Defendants' policy, custom and practice of inflicting unreasonable, abusive and excessive physical restraints on its students. Jackson Public School District (hereinafter "JPS" or "Jackson Public Schools") officials subject students to brutal punishment that consists of shackling and handcuffing children to railings and leaving them unsupervised for up to six hours at a time. Frequently, students are forced to eat their lunches while restrained and must beg JPS staff

to release them to use the restroom. Children are forced to endure this abusive and excessive restraint as a consequence for perceived violations of minor school rules - such as uniform violations.
2. Plaintiff A.M. represents all school children who attend Capital City Alternative School in the Jackson Public Schools and who are subject to Defendants' unconstitutional policies, customs, and practices of shackling children to railings, poles, chairs, bus seat legs, and other fixed objects for long periods of time for violations of minor, non-criminal school rules. As a result of JPS policy, Plaintiff A.M. has spent entire school days shackled to a railing because he left his belt at horne or because he wore shoes that, in the eyes of JPS officials, were the wrong color. The experiences of A.M. are not isolated incidents. Numerous other children have spent their school days handcuffed and shackled to poles because they failed to comply with the dress code or were alleged to have talked back to a teacher. These abuses result directly from Defendants' policy, custom and practice of routinely imprisoning students for minor, non-criminal infractions in callous disregard for their rights and safety.
3. Plaintiff A.M., individually and on behalf of the Plaintiff class, which is composed of all students who now attend or who will in the future attend Capital City Alternative School, seeks declaratory, preliminary and permanent injunctive relief requiring that the Defendants cease their unlawful policies, practices, and customs.
JURISDICTION AND VENUE 4. This cause of action arises under the Fourth and Fourteenth Amendments to the United States Constitution and 42 U.S.C. § 1983. Jurisdiction in this Court is proper pursuant to 28 U.S.C. §§ 1331 and 1343(a)(3).
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5. Venue in this Court is proper under 28 U.S.C. § 1391 (b), as a "substantial part of the events or omissions giving rise to the claim[s] occurred" in this district.
PARTIES REPRESENTATIVE PLAINTIFF
6. Plaintiff A.M. is sixteen years old and is currently enrolled at Capital City Alternative School, a school operated by Jackson Public Schools. A.M. completed the 8th grade at Capital City Alternative School during the 2010-2011 school year, and he will be required to continue at Capital City Alternative School at the start of the next school year. A.M. appears in this action by and through his mother, Jeannette Murry. At all times relevant to this complaint, he was enrolled in Capital City Alternative School.
DEFENDANTS 7. Defendant JACKSON PUBLIC SCHOOLS BOARD OF TRUSTEES ("School Board") is
a seven-member, appointed legal body vested with "such powers as may be reasonably necessary to carry out" the organization and operation of Jackson Public Schools. Miss. Code Ann. § 37-7301. The School Board has "general control and supervision of all matters pertaining to [Jackson Public Schools]," Jackson Public Schools, School Board Policy ABC: Board of Trustees Legal Status, and is responsible for establishing guiding policies and evaluating the results achieved through these policies in light of the district's goals. Jackson Public Schools, School Board Policy ABA. The School Board has the duty to ''visit schools in the district, in their discretion, in a body for the purpose of determining what can be done for the improvement of the school," Miss. Code Ann. § 37-7-301(£). State law requires the School Board to "adopt a comprehensive local school district school safety plan" and to update this plan "on an annual basis." Miss. Code Ann. § 37-383. The School Board is sued here in its official capacity only.
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8. Defendant DR. LONNIE J. EDWARDS SR. is the Superintendent and Chief Executive Officer of Jackson Public Schools. As Superintendent of JPS, Defendant Edwards is responsible for "administer[ing] the schools within his district and .. .implement[ing] the decisions of the school board." Miss. Code Ann. § 37-9-14(1). Defendant Edwards is charged with applying school board policy and is "held accountable for the effective administration and supervision of the entire school system." Jackson Public Schools, School Board Policy ABA: Board of Trustees Authority. Under state law, Defendant Edwards is required to ''visit the schools of his school district in his discretion, and to require the assistant superintendents, principals and teachers thereof to perform their duties as prescribed by law." Miss. Code Ann. § 37-9-14(2)(1). As Superintendent, Defendant Edwards "has the overall responsibility for the safety program of the district." Jackson Public Schools, School Board Policy EBA: Safety Programs. Defendant Edwards is sued here in his official capacity only.
9. Defendant GLENN DAVIS is the Interim Director of Security of Jackson Public Schools. As Director of Security, Defendant Davis is responsible for "adrninister[ing] policies and procedures related to safety and security" throughout Jackson Public Schools and is charged with the selection, training and evaluation of all school security personnel in the district. Jackson Public Schools, Job Description for Position N0895 (Director, Security). Defendant Davis is sued here in his official capacity only.
10. Defendant MARIE HARRIS is an employee of Jackson Public Schools and is the school principal of Capital City Alternative School. In her capacity as principal, Defendant Harris is "the chief administrator and instructional leader of [Capital City Alternative School]," and "all personnel assigned to the building [are] directly responsible to [Defendant Harris]." Jackson Public Schools, School Board Policy CEC: School Building Administration. As principal, Defendant
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Harris is responsible for "supervis[ing] the safety program for [her] school." Jackson Public Schools, School Board Policy EBA: Safety Programs. Defendant Harris directly supervises the school safety officers at Capital City Alternative School. See Jackson Public Schools, Job Description for Position N4901 (Safety Officer, School). She is sued here in her official capacity only.
11. Defendant BOBBY WALDEN is an employee of Jackson Public Schools and is an assistant principal of Capital City Alternative School. He is sued here in his official capacity only.
12. Defendant FRANKLIN MCKEE is an employee of the Jackson Public Schools and is a school safety officer at Capital City Alternative School. Upon information and belief, Defendant McKee is not a commissioned law enforcement officer and does not have law enforcement authority. He is sued here in his official capacity only.
13. Defendant STACEY GREENWOOD is an employee of the Jackson Public Schools and is a school safety officer at Capital City Alternative School. Upon information and belief, Defendant Greenwood is not a commissioned law enforcement officer and does not have law enforcement authority. She is sued here in her official capacity only.
CLASS ACTION ALLEGATIONS 14. Plaintiff A.M. brings this action on behalf of himself and all other students who now or in the future will attend Capital City Alternative School, pursuant to Federal Rule of Civil Procedure 23(a) and (b)(2). 15. This action satisfies all four requirements of Rule 23(a):
a. Numerosity: This class is so numerous that joinder of all class members is impracticable. Capital City Alternative School has a student population of approximately 400-500 students at any given time. Capital City Alternative
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School is the only alternative school in the district that serves students in grades 4 through 12, and there are about 20,000 students enrolled in these grades in Jackson Public Schools. Students who are sent to Capital City Alternative School enroll there for periods of time between ten days and a year or longer. Because of the nature of the school as a short-term placement, students transfer in and out frequently between Capital City and other schools in the district. The class also includes students who will attend this school in the future whose identity cannot be determined at the present time. Fed.R.Civ. P. 23(a)(l). b. Commonality: There are questions of law and fact common to all members of the class, including, but not limited to, the unconstitutional seizure policies and practices to which Defendants routinely subject students at Capital City Alternative School. Fed.R.Civ. P. 23(a)(2). c. Typicality: The claims of the named Plaintiff are typical of those of the Plaintiff class. As a result of the Defendants' policies and practices, students, including the named Plaintiff and other members of the class, are unlawfully seized, handcuffed, and shackled to a pole or other fixed objects for very minor violations of school rules that do not justify this intrusion, which is patently unreasonable in scope. Fed.R.Civ. P. 23(a)(3). d. Adequacy of Representation: The named Plaintiff will fairly and adequately represent the interests of the class, and has no interests in this matter that are antagonistic to the class members. This Plaintiff has a strong personal interest in the subject matter of the lawsuit and is represented by experienced counsel with expertise in civil rights and class action litigation. Fed.R.Civ. P. 23(a)(4).
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16. Class-wide declaratory and injunctive relief is appropriate tmder Rule 23(b)(2), because Defendants have acted on grounds generally applicable to the class in that Defendants' policies and practices of violating students' constitutional rights apply to the class as a whole.
STATEMENT OF FACTS 17. School safety officers at Capital City Alternative School routinely handcuff students to fixed objects for extended periods of time as punishment for non-criminal violations of school rules. School administrators, including Principal Harris and Assistant Principal Walden, frequently direct the school safety officers to do this for a variety of infractions, including dress code violations. 18. Children as young as nine years old are often taken to the school gym, where they are handcuffed to a stairway railing and left alone for hours at a time. Youth, some with known medical and mental health conditions, are regularly shackled and left without supervision or monitoring, thus severely endangering their health and well being. 19. Staff members at Capital City Alternative School treat youth in a demeaning and excessively punitive and harmful manner. Staff members sometimes refuse to release children from these restraints to eat lunch or to use the bathroom. As a result, youth often must eat meals while still handcuffed to a pole or other fixed objects. Staff members routinely leave students in handcuffs that are too tight, causing youth excessive pain and leaving visible marks and bruises on their wrists. Upon information and belief, other school employees passing by or through the gym area can hear children calling out and asking for the handcuffs to be loosened or to use the restroom, without any response from safety officers or administrators. 20. Staff members at Capital City Alternative School leave students shackled to a pole for hours as punishment for violations of school rules even though this is in clear contravention of
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Board policy of Jackson Public Schools School. Board policy states that physical restraint,

including handcuffs, could only be used if a student was "an imminent danger" to himself or others

or destroying property, that restraint should immediately cease when "compliance is met and the

student is no longer a danger to himself and/or others," and that "[u]nder absolutely no

circumstances will restraint techniques be used as punishment." Jackson Public Schools, School

Board Policy JDHAB: Student Restraint Policy.

21. Upon information and belief, administrators punish staff members who attempt to intervene

in this inhumane treatment or to meet the basic human needs of these children. Staff members have

been informally reprimanded for providing food for children who missed meals while they were in

physical restraints.

22. This type of se1zure 1s excessively intrusive and unreasonably subjects youth to a

substantial likelihood of emotional and physical injury. It is well documented that children who are

subjected to excessively intrusive seizures suffer injuries that can last a lifetime. According to a

report issued by national experts on the practice of using fixed restraints1 on youth, children who

have been subjected to restraints "describe these events as punitive and aversive, leaving lingering

psychological scars. Children restrained ...report recurrent nightmares, intrusive thoughts,

avoidance behaviors, enhanced startle response ...even years after the event. [These

practices] ...may evoke feelings of guilt, humiliation, embarrassment, hopelessness, powerlessness,

fear and panic." Sue Burrell, Moving Away From Hardware: The Juvenile Detention Alternatives

Initiative

Standards

on

Fixed

Restraint

2

(Feb.

2009),

http://www.jdaihelpdesk.org/Docs/Documents/MovingAwayFrom.Hardware.pdf

(quoting

Protection and Advocacy, Inc., Restraint and Seclusion in California Schools: A Failing Grade 22-

1 "Fixed restraint" refers to attaching a child's hands or feet to a fixed object, such as a piece of furniture. Sue Burrell, Moving Away from Hardware: The Juvenile Detention Alternatives Initiative on Fixed Restraint 1 (Feb. 2009), http://www.jdaihelpdesk.org/Docs/Documents/MovingAwayFromHardware.pdf.

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23 (June 2007)). After being subjected to this practice, youth, including Plaintiff A.M., feel embarrassed and humiliated. Some children are left afraid to go to school, out of fear of being subjected to umeasonable and excessive restraint again.
23. Fixed restraints are especially physically dangerous. Studies done in institutional settings have associated fixed restraints with a number of deaths. In 2000, the United States General Accounting Office found a variety of dangers such as "restraint-related asphyxiation, strangulation, cardiac arrest, chocking and aspiration" and concluded that "children are at a higher risk of injuries or death when seclusion or restraint are used." Id. at 2. In 2009, the General Accounting Office found a number of instances in which children died or suffered serious injuries after being subjected to restraints in educational settings. United States General Accounting Office, Seclusions and Restraints: Selected Cases of Death and Abuse at Public and Private Schools and Treatment Centers (2009).
24. Despite the known dangers of this unconstitutional practice, custom and policy, school officials at Capital City Alternative School act with impunity. That this practice occurs is well known amongst the staff at Capital City Alternative School and is candidly discussed between them. Administrators freely tell school safety officers to take children "to the rail'' in front of students and other staff members. This happens so frequently and openly that parents visiting on other business during school hours have seen children sitting quietly while handcuffed to objects.
25. On April15, 2011, attorneys from the Southern Poverty Law Center sent a letter detailing the misuse of physical restraints at Capital City Alternative School to a number of officials at Jackson Public Schools, including to the members of the School Board and to the Superintendent, and asking that this abuse be immediately stopped. On April 25, 2011, an attorney for Jackson Public Schools informed Southern Poverty Law Center that it was "investigating the allegations
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contained in your letter" and that the school district had "reminded its administrative staff at Capital City Alternative School to comply with the Board Policy" on the use of restraints. Upon information and belief, the Jackson Public Schools School Board, Superintendent, and Director of Security have taken no action to address the misuse of restraints by their employees at Capital City Alternative School, and youth continue to be subjected to this unlawful policy, custom and practice.
Capital City Alternative School 26. Capital City Alternative School is a school within the Jackson Public Schools "designed to serve as an alternative for students in grades 4-12 who have been suspended/expelled from Jackson Public Schools for 10 days or longer." Website of Capital City Alternative School, http://ccas.jpsms.org (last visited May 5, 2011). 27. The state legislature created alternative schools in Mississippi in the early 1990s in an attempt to ensure that "students [will] continue to receive an education after disciplinary problems" and to reduce the dropout rate among these students. In the Interest of TH, 681 So. 2d 110, 115 (Miss. 1996). According to the Mississippi Department of Education (MDE), the mission of alternative schools "is to promote academic success, modify behavior, and facilitate employability and functional skills attainment. .. in an environment that differs from the traditional school setting and offers a more conducive setting to learning." Mississippi Department of Education, Office of Compulsory School Attendance Enforcement, Alternative Education!GED and Counseling, Alternative Education Guidebook 5 (2010). These schools should, "[t]hrough ongoing direct instruction, guidance, and monitoring," provide students with support "with the goal of returning the student to a comprehensive school environment with the necessary abilities to function therein." Id. Capital City Alternative School describes its goal as being to provide "an educational
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setting appropriate to the needs of students" by, for example, "developing positive self-concepts through programmatic offerings, which provide a measure of success," "address[ing] the social, emotional, and behavioral barriers that impede academic success," and "creat[ing] a climate where students feel safe in the educational environment." Website of Capital City Alternative School, http://ccas.jpsms.org (last visited May 5, 2011).
28. Since the establishment of alternative schools in the state, a number of reports and evaluations have found serious problems with alternative schools throughout Mississippi and within Jackson Public Schools in particular. See American Civil Liberties Union (ACLU), Missing the }vfark: Alternative Schools in the State of Mississippi (2009); Louis Armstrong and Rims Barber, An Uneven Start: A Report on Alternative Education in Mississippi (1996). These concerns included: that minority children are disproportionately sent to alternative schools; that students \vho are "unwanted" at their regular schools were pushed out to the alternative schools; that students are not receiving quality education services at these schools; that these schools fail to help students return to mainstream schools; and that there is a lack of transparency surrounding alternative schools. See ACLU, Missing the Mark, supra, at 17; Armstrong & Barber, An Uneven Start, supra, at 1. In 2009, one independent report found that in Jackson Public Schools, the referral rate to alternative school "among African American students (5.9 per 1000) was nearly six times that among white students (1.1 per 1000)." ACLU, Missing the Mark, supra, at 29. Youth in the school district were likely to be sent to the alternative school for minor offenses, not for engaging in dangerous behavior. Id. at 48. This report also described "Jackson's Capital City Alternative School as having an especially punitive atmosphere," enforcing "its zero tolerance policy 'to the utmost degree,"' and using this policy "to deliberately push out challenging and 'undesirable' students." Id. at 43.
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Experiences ofIndividual Students Plaintiff A.M.
29. Plaintiff A.M. is a sixteen-year-old boy, who was enrolled in the 8th grade during the 20102011 school year, and who currently attends Capital City Alternative School. He has a history of asthma, Attention Deficit Hyperactivity Disorder, and seizures. During the first week of April, 2011, school officials repeatedly handcuffed Plaintiff A.M. to a pole and left him there unsupervised for hours at a time.
30. Every day, when students arrive at school, all students are required to go through a metal detector and/or are subjected to a pat-down search by JPS school safety officers. Students have to remove their shoes. Their uniforms, including their belts and shoes, are also inspected.
31.. On or about Friday, April 1, 2011, A.M. went to school without a belt. When he arrived at school, A.M. vvas told to go to In-School Suspension for being in violation of the school dress code.
32. While A.M. was on his way to the In-School Suspension room, a school counselor tried to give him a replacement belt to enable him to go to his regular classroom, but Assistant Principal Walden stopped the counselor and told her not to give A.M. a belt. Upset that he would not be able to go to class, A.M. verbally protested to Assistant Principal Walden. A.M. was not physically aggressive and did not threaten anyone.
33. Assistant Principal Walden directed JPS School Safety Officer McKee to take A.M. to the school gym and handcuff him there.
34. School Safety Officer McKee took A.M. to a small area in the school gym, located next to the stairs leading up to the stage, and handcuffed A.M. to the railing of the stairs. He placed one cuff onto A.M.'s wrist and secured the other cuff to the railing.
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35. The handcuffs were tight and hurt A.M.'s wrist. A.M. told School Safety Officer McKee, but School Safety Officer McKee did not do anything to relieve the pain.
36. A.M. was left alone, handcuffed to the railing, for the remainder of the school day. During this time, A.M. was forced to be idle and was denied the opportunity to complete his schoolwork or gain any educational benefit. A.M. was isolated from his peers and school staff, though he was visible to other students and staff and he suffered extreme humiliation and anguish because they saw him handcuffed to a pole.
37. When A.M. had to use the bathroom, he had to wait until he heard people nearby and call out to them to get their attention. On several occasions, School Safety Officer Greenwood heard him and removed the handcuffs to allow him to go the bathroom. After he used the bathroom, despite the fact that A.M. was entirely compliant, School Safety Officer Greenwood replaced the handcuffs and shackled A.M. to the same pole again. These short bathroom trips were the only time A.M. was released from handcuffs.
38. A.M. was not released from the handcuffs to eat lunch. Instead, a School Safety Officer brought food to him to eat in the gym. A.M. was forced to eat his meal while still handcuffed to the railing.
39. A.M. was finally released from the handcuffs at the end of the school day, when the buses came to take students home. A.M. was allowed to ride home on his regular school bus, along with the other children.
40. A.M. was subjected to similar treatment three more times over the next week for minor infractions, such as not wearing shoes allowed by the student dress code or not having on a belt.
41. On each of these days, in the morning shortly after A.M. had arrived at school, School Safety Officer McKee took A.M. to the same place in the gym and handcuffed him to the pole, at
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the direction of Assistant Principal Walden. A.M. was left there unsupervised for most or all of the school day and was released from the handcuffs at the end of the day to ride the bus home.
42. A.M.'s mother was not notified or called on any of these occasions, nor was she asked to bring him a belt or another pair of shoes. Upon information and belief, A.M. was not given a disciplinary notice and did not have any infraction recorded in his disciplinary record on these occasions. Upon information and belief, the police were not called and A.M. was not charged with any offenses as a result of these incidents.
43. A.M. has been subjected to this treatment during previous school years as well. A.M. has been handcuffed to the pole in the gym at Capital City multiple times each school year since he was in the fourth grade.
44. On several of these past occasions in previous school years, Principal Harris directed the school security personnel to handcuff A.M. to an object as punishment for minor misbehavior. A.M. also witnessed Principal Harris directing JPS school security personnel to "take [other students] to the pole."
45. This excessive use of restraints was not designed to reduce or curb misbehavior or prevent violence by A.M. It was simply intended as degrading and vindictive punishment. At no point during the entire initial contact or while he was restrained did A.M. pose a threat of bodily harm or engage in violent conduct. Indeed, the only school infractions that he was alleged to have committed were dress code violations and talking back. Handcuffing him and shackling him to a pole for multiple hours on multiple days was unreasonable and unjustified both at inception and in scope.
46. A.M. fears that school safety officers will again handcuff him to a pole and leave him there. In addition to A.M. being subjected to this treatment, he has also seen other students handcuffed to
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the same railing in the gym at different times. A.M. felt humiliated in front of his peers for being handcuffed to a pole at school, and he dreads going to school each day, not knowing if they will handcuff him.
47. An objectively reasonable school administrator and school safety officer would know that handcuffing a child, especially a child with known emotional and medical conditions, to a rail for hours over multiple days solely as punishment for minor misconduct is unlawful and unreasonable.
48. The Defendants knew that this practice was unreasonable and against clear district written policy which stated that physical restraint, including handcuffs, could only be used if a student was "an imminent danger" to himself or others or destroying property, that restraint should immediately cease when "compliance is met and the student is no longer a danger to himself and/or others," and that "[u]nder absolutely no circumstances will restraint techniques be used as punishment." Jackson Public Schools, School Board Policy JDHAB: Student Restraint Policy.
49. The Defendants knew that this practice was unreasonable and was not permitted as a disciplinary option or behavioral/intervention strategy for any type of misconduct under the district's authorized plan for student disciplinary action. See Jackson Public Schools, Code of Student Conduct, 2010-2011 16. The Defendants also knew that the Code of Student Conduct specified the authorized types of disciplinary action for minor misbehavior, and that these authorized actions included punishments such as warnings, parent conferences, and in-school suspension, but not shackling students to objects. Id. at 8.
50. Even though this practice was not done pursuant to a written policy of the JPS School Board, the practice of shackling students to poles and other fixed objects as punishment for minor misbehavior is so widespread and persistent as to constitute an official policy or custom of the school district. JPS school administrators and security personnel have subjected a number of
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children to this practice frequently and over the course of multiple years. School administrators, including the principal and vice principal, often directly order that security guards shackle students to objects. In fact, the school administrators do this frequently enough that they have developed and utilize a short-hand vernacular to refer to the practice ("take [the child] to the pole"), which is understood clearly by the school security guards without any need for explanation. The practice is widespread and persistent enough that other school personnel considered it commonplace, wellsettled and ordinary; even though they frequently observe students shackled to the railing in the gym, they act as if this is permissible and do not intervene or report the occurrence.
51. The experiences of Plaintiff A.M. are not isolated or anomalous incidents. Instead, they are representative of widespread and frequent actions by school security officers, at the explicit direction or with the complicity of school administrators. In addition to Plaintiff A.M., countless other students enrolled at Capital City Alternative School have been victims of the challenged policies and practices. This practice has happened so frequently, and without correction or intervention by the school district, as to constitute a custom that fairly represents the policy of the school district.
N.R. 52. N.R. is a fourteen-year-old boy who was enrolled in the 7th grade in Jackson Public Schools
during the 2010-2011 school year. N.R. attended Capital City Alternative School for several months during the 2010-2011 school year and attended that school at all times relevant to the events described below in Paragraphs 53 to 64.
53. JPS safety officers and administrators at Capital City Alternative School have subjected N .R. to unreasonable and excessive handcuffmg on multiple occasions.
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54. In the winter or spring of 2011, N.R. was handcuffed to a pole in the school's gym for multiple hours, with no supervision as a consequence for minor school rule violations.
55. During his homeroom class at the start ofthe day, N.R.'s teacher confiscated a stocking cap from N.R. Upset, N.R. refused to do his schoolwork. The teacher called a school safety officer to the room, and told the school safety officer that N.R. had a cap and was refusing to do his work.
56. The school safety officer came into the classroom, grabbed N.R. and led N.R. out of the classroom and into the hallway, where they encountered Principal Harris. Principal Harris directed the school safety officer to "lock [N.R.] to the pole."
57. The school safety officer took N.R. to the gym and handcuffed N.R. to the railing on the stairs by the stage. The school safety officer secured one handcuff to N.R.'s wrist and the other cuff to the niling. The school safety officer told N.R. that he was handcuffed because N.R. had truown his school papers on the ground.
58. N.R. \Vas left shackled to the pole largely without supervision until the afternoon. N.R. slept for part of this time, yet was not released from the handcuffs. During the day, multiple school officials saw him handcuffed there but did nothing to remove the handcuffs. These included Principal Harris, Assistant Principal Walden, School Safety Officer Greenwood, School Safety Officer Rice, and School Safety Officer McKee. No one remained with N.R. to visually supervise N.R. while he was handcuffed and there were no video cameras in the area where N.R. was held.
59. Because of the lack of supervision, when N.R. had to use the restroom while he was handcuffed to the railing, he had to yell to get the attention of a school safety officer in order to ask to be released to use the restroom. However, when N.R. asked her, School Safety Officer Greenwood did not release him and N.R. was not allowed to use the toilet.
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60. School Safety Officer McKee brought N.R. his lunch while he was handcuffed to the railing, but did not release N.R. from the handcuffs. N.R. was forced to eat his lunch while still handcuffed to the railing.
61. When N.R. was finally released from the handcuffs in the afternoon, there were marks left on his wrist. N.R. showed the marks to Assistant Principal Walden, but Assistant Principal Walden did not get him medical attention or care.
62. After being released from the handcuffs, N.R. was allowed to go home. Upon information and belief, N.R. was not arrested or charged with any crime as a result of this incident. When he returned to school, N.R. was given In-School Suspension.
63. School officials have subjected N.R. to this excessive and unlawful use of restraints at least five times during this school year. On prior occasions, School Safety Officers McKee and Greenwood have handcuffed him to the same railing and left him there alone. They told him in these incidents that he was being handcuffed to the pole for non-criminal violations of school rules, including wearing shoes that were the "wrong color," having mismatched shoelaces, or not bringing a parent feedback sheet.
64. N.R. has seen a number of other youth handcuffed to a pole in the same manner that he was, including Plaintiff A.M.
R.S. 65. R.S. is a fifteen-year-old girl who was emolled in the 8th grade in Jackson Public Schools
during the 2010-2011 school year. R.S. attended Capital City Alternative School for multiple months early in the 2010-2011 school year and at all times relevant to the events described below in Paragraphs 66 to 74.
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66. R.S. has been subjected to unreasonable and excessive handcuffing by JPS school safety officers and administrators at Capital City Alternative School on multiple occasions.
67. In January or February of2011, R.S. was unreasonably handcuffed without supervision to a
stairway railing in the Capital City Alternative School gym for multiple hours for minor misbehavior.
68. In the morning, R.S. loudly called out the name of a friend in the hallway, trying to get her
friend's attention. Campus Enforcement Officer Elijah Paige heard R.S. and told her to "shut up." R.S. talked back to him, saying "who are you talking to? I ain't your child." R.S. was not physically aggressive and did not threaten anyone.
69. In response to R.S. talking back, Campus Enforcement Officer Paige began leading R.S. to
the gym. On the way there, they encountered Principal Harris, who asked Campus Enforcement Officer Paige where he was taking the student. Campus Enforcement Officer Paige informed Principal Harris that he was taking R.S. "to the stairway." Principal Harris allowed Campus Enforcement Officer Paige to continue to the gym with R.S.
70. Once in the gym, Campus Enforcement Officer Paige took R.S. to the small area next to the stage and handcuffed her to the rail on the stairway. He put a handcuff on one of her wrists and secured the other handcuff to the rail.
71. After handcuffing her, Campus Enforcement Officer Paige left R.S. alone without supervision until lunchtime. During that time, R.S. was unable to get anyone's attention to ask to be released to use the bathroom. While she was handcuffed to the rail, R.S. sat on the stairs and had nothing to do.
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72. At lunchtime, Campus Enforcement Officer Paige released R.S. from the handcuffs. R.S. was allowed to join the other students in the cafeteria and finish the school day in her normal classes.
73. At no point during this incident did R.S. present a danger to herself or anyone else at Capital City Alternative School. This restraint was both umeasonable at the time that it was applied and in its duration. Upon information and belief, R.S. was not given a disciplinary notice and did not have any infraction recorded in her disciplinary record for this incident. Upon information and belief, R.S. was not arrested or charged with any crime as a result of this incident. R.S.'s mother was never informed or contacted about this incident.
74. R.S. has been subjected to this type ofumeasonable restraint two or three additional times during the 2010-2011 school year, for similar incidents in which she was "loud." R.S. has seen other students subjected to similar restraint in this manner for minor misbehavior multiple times. R.S. has witnessed school administrators swear at students, using language such as "get your black ass [somewhere]," and when students respond using similar language, the administrators tell security guards to take the students to the gym and handcuff them to the pole as punishment for cuss mg.
M.D. 75. M.D. is a 14-year-old boy who is currently enrolled in the gth grade in a school district
outside of Mississippi. M.D. was enrolled in Jackson Public Schools during the 2009-2010 school and attended Capital City Alternative School for part of that school year and at all times relevant to the events described below in Paragraphs 76 to 85.
76. During the time that M.D. was attending Capital City Alternative School, school officials subjected M.D. to unreasonable and excessive use of handcuffs and force.
20

77. One day, in the spring semester of 2010, a security guard told M.D. to take off his shoes to be searched at the start of a school day. M.D. did not want to do so and, upset, went to class.
78. As punishment for refusing to take off his shoes, a school safety officer came to M.D.'s classroom, dragged M.D. to the gym by his belt, and shackled M.D. to a pole by the staircase leading to the stage. The school safety officer put handcuffs on M.D.'s arm and leg and shackled the handcuffs to the pole. M.D. told the school safety officer that the handcuffs were too tight and were hurting him, but the school safety officer did nothing to loosen the handcuffs or to otherwise relieve his pain.
79. The school safety officer left M.D. alone and unsupervised while shackled to the pole for more than an hour. During this time, a school official came by this area briefly one time. School officials did not provide M.D. with school work while he was shackled to the pole.
80. 'iiVbile M.D. was shackled to the pole, he had to go to the bathroom. Because no one was supervising him while he was shackled, he was forced to yell to try to get the attention of a school safety officer to ask to go to the bathroom. Even though M.D. yelled to try to get someone's attention, no one Cfulle to check on him and he was not allowed to go to the bathroom.
81. A school official called M.D.'s mother and asked her to pick up her child. vVhen M.D.'s mother arrived at the school, Principal Harris told her that M.D. was in the gym, but did not allow M.D.'s mother to go get him from this location.
82. More than an hour after M.D. had been shackled to the pole, a school safety officer returned and told M.D. that his mother had arrived to pick him up. The school safety officer removed the handcuffs from M.D. and walked with him to the office to meet his mother.
83. Upon information and belief, M.D. was never arrested and no youth court charges were filed against M.D. as a result of this incident.
21

84. When his mother saw M.D., she immediately observed that he had new bruises and scratches on his wrist that he did not have when he had gone to school that morning. M.D.'s mother asked Principal Harris what had happened. Principal Harris told M.D.'s mother that he "had to be restrained" and the school officials "had to hold him down." Principal Harris did not tell M.D.'s mother that he was handcuffed.
85. In frustration and anger after talking to Principal Harris, M.D.'s mother spoke with other support staff working in the Capital City administrative office, and asked how to complain about how Principal Harris had treated her and her son. No one would provide her with this information.
C.K. 86. C.K. is a fifteen-year-old boy who was emolled in the 7th grade in Jackson Public Schools
during the 2010-2011 school year. C.K. attended Capital City Alternative School for several months in the 201 0-2011 school year and at all times relevant to the events described below in Paragraphs 87 to 95.
87. C.K. has been subjected to unreasonable and excessive handcuffing by JPS security guards and administrators at Capital City Alternative School on multiple occasions.
88. In the late winter or early spring of 2011, C.K. was unreasonably handcuffed to a stairway railing in the gym for multiple hours for minor misbehavior, without any supervision.
89. In a class early in the day, C.K. was dancing and rapping in his classroom. Assistant Principal Walden came into the classroom and told C.K. to stop engaging in this behavior. C.K. complied with this directive and stopped. Assistant Principal Walden said to C.K., "Boy, you look like you got an attitude," and told him to go to the office. C.K. obeyed this command.
90. At Assistant Principal Walden's direction, School Safety Officer Greenwood and another security guard took C.K. from the office to the gym, where they handcuffed him to the railing next
22

to the stage. C.K. told the guards that the handcuffs were tight and causing pain, and he asked for them to be loosened, but the guards refused to do so.
91. C.K. was left alone in this area without supervision for several hours before he was released from the handcuffs.
92. After several hours, a security guard removed C.K. from the handcuffs and he was allowed to go horne with his mother. When the handcuffs were taken off, C.K. had visible marks on his wrist caused by the handcuffs.
93. Upon information and belief, the police were not called and C.K. was not arrested or charged with any offense as a result of this incident.
94. C.K. was subjected to this unreasonable restraint approximately five to six times during the 2010-2011 school year, for similar minor misconduct. On previous occasions, Principal Harris directed a JPS school security guard to handcuff C.K. to the pole.
95. C.K. has frequently witnessed many other children handcuffed in this manner for minor misbehavior at Capital City Alternative School.
CAUSES OF ACTION 96. A.M. and the proposed class incorporate by reference all of the above factual allegations to support the following claim: Count One: Declaratory and Injunctive Relief to Protect Plaintiffs' Fourth and Fourteenth
Amendment Rights to be Free from Unreasonable and Excessive Seizures 97. By their foregoing actions and inactions, Defendants School Board, Edwards, Davis, Harris, Walden, McKee and Greenwood are liable pursuant to 42 U.S.C. § 1983 for sanctioning and enforcing a policy, practice and custom of unreasonably and excessively seizing and handcuffmg school children, including A.M., to fixed objects for long periods of time for non-
23

criminal violations of school rules in violation of the Fourth and Fourteenth Amendments to the U.S. Constitution.
98. By their foregoing actions and inactions, Defendants School Board, Edwards, Davis, and Harris are liable for failing to train, supervise and monitor the use of restraints on school children, including A.M., in deliberate indifference to repeated and ongoing violations of their rights under the Fourth and Fourteenth Amendment to the U.S. Constitution.
99. By their foregoing actions and inactions, Defendants Harris and Walden are liable pursuant to 42 U.S.C. § 1983 for directing the unreasonable and excessive seizure and handcuffing of school children, including A.M., to objects for long periods of time for non-criminal violations of school rules in violation of the Fourth and Fourteenth Amendments to the U.S. Constitution.
100. By their foregoing actions and inactions, Defendants McKee and Greenwood are liable pursuant to 42 U.S.C. § 1983 for unreasonably and excessively seizing and handcuffing school children, including A.M., to objects for long periods of time for non-criminal violations of school rules in violation of the Fourth and Fourteenth Amendments to the U.S. Constitution.
101. A.M. and the proposed class are entitled to a permanent injunction prohibiting the Defendants from engaging in the unlawful conduct described here, in order to remedy these constitutional violations and to ensure that the constitutional rights of A.M. and the proposed class are protected in the future.
PRAYER FOR RELIEF WHEREFORE, the Plaintiff respectfully requests this Court grant the following relief: 1. Assume jurisdiction over this matter; 2. Certify this action as a class action pursuant to Fed. R. Civ. P. 23 (a) and (b)(2);
24

3. Declare that the acts and omissions of all Defendants violate the U.S. Constitution;
4. Enter a permanent injunction requiring the Defendants, their agents, employees and all persons acting in concert with them to cease their unconstitutional and unlawful practices;
5. Award the Plaintiffs the costs of this lawsuit and reasonable attorneys' fees and costs under 42 U.S.C. § 1988; and
6. Grant any other relief the Court shall deem just and proper.
Dated this the 8th day of June, 2011.
POONAM JUNEJA, MS BarNo. 103181 poonam.junej a@splcenter. org
JODY E. OWENS, II, MS BarNo. 102333 jody.owens@splcenter.og
SHEILA A. BEDI, MS BarNo. 101652 sheila.bedi@splcenter.org
CORRIE COCKRELL, MS BarNo. 102376 corrie.cockrell@splcenter.org
Mississippi Youth Justice Project Southern Poverty Law Center 921 N. President Street, Suite B Jackson, Mississippi 39202 601-948-8882 (telephone) 601-948-8885 (fax)
Attorneys for Plaintiff.
25

 
 Case 3:11-cv-00344-TSL -MTP Document 3 Filed 06/08/11 Page 1 of 4

FOR THE UNITED STATES DISTRICT COURT

FOR THE SOUTHERN DISTRICT OF MISSISSIPPI

JACKSON DIVISION

__________________________________________

)

A.M., by and through his next friend, Jeanette

)

Murry; on behalf of himself and all other persons )

similarly situated,

)

)

Plaintiff,

)

)

v.

)

Case No. 3:11-cv-344 TSL-MTP

)

JACKSON PUBLIC SCHOOLS BOARD OF

)

TRUSTEES, in its official capacity; DR. LONNIE )

J. EDWARDS, SR., in his official capacity as

)

Superintendent at Jackson Public Schools;

)

GLENN DAVIS, in his official capacity as

)

Director of Security at Jackson Public Schools )

MARIE HARRIS, in her official capacity as

)

Principal at Capital City Alternative School;

)

BOBBY WALDEN, in his official capacity as )

Vice Principal at Capital City Alternative School; )

FRANKLIN MCKEE, in his official capacity as )

school safety officer at Capital City Alternative )

School; STACEY GREENWOOD, in her official )

capacity as school safety officer at Capital City )

Alternative School,

)

)

Defendants.

)

__________________________________________)

PLAINTIFF’S MOTION FOR CLASS CERTIFICATION

Pursuant to Rule 23(b) of the Federal Rule of Civil Procedure, the Plaintiff moves this

Honorable Court to issue an order certifying named Plaintiff A.M. to represent a class composed

of all children who currently or who will in the future attend Capital City Alternative School.

This proposed class seeks declaratory and permanent injunctive relief on behalf of the whole

class.

Case 3:11-cv-00344-TSL -MTP Document 3 Filed 06/08/11 Page 2 of 4
Under the Federal Rules of Civil Procedure, one or more named plaintiffs may bring suit as representative parties on behalf of a class
[O]nly if (1) the class is so numerous that joinder of all members is impracticable, (2) there are questions of law or fact common to the class, (3) the claims or defenses of the representative parties are typical of the claims or defenses of the class, and (4) the representative parties will fairly and adequately protect the interests of the class. Fed. R. Civ. P. 23(a). Each requirement is met here. First, Capital City Alternative School has a student population of approximately 400-500 students at any given time. Because of the nature of the school as a short-term placement, students transfer in and out frequently between Capital City and other schools in the district. Given the large and fluctuating student population, the class is so numerous that joinder of all members would be impracticable. The class also includes future, unknown members who cannot be joined. Second, this action involves questions of law and fact that are common to all class members. Third, because the challenged policies and practices apply with equal force to all class members, the claims of the named Plaintiff are typical of the class. Finally, the named Plaintiff will fairly and adequately represent the interests of the class. The named Plaintiff has a personal interest in the subject matter of the lawsuit, and his counsel is experienced in class action litigation and is prepared to pursue the case vigorously on behalf of the class. Because the putative class satisfies every element of the Rule 23(a), and because the Defendants have acted and refused to act on grounds generally applicable to the class as a whole, class certification is proper under Rule 23(b)(2). In support of this motion, Plaintiff relies upon the following documents: A. Plaintiff’s Memorandum of Law in Support of Motion for Class Certification (Filed Concurrently)
2

Case 3:11-cv-00344-TSL -MTP Document 3 Filed 06/08/11 Page 3 of 4
B. Exhibit 1: Declaration of Poonam Juneja C. Exhibit 2: Declaration of Jeanette Murry For the reasons stated above and explained in the memorandum of law accompanying this filing, the Plaintiff requests that his motion for class certification be granted.

Dated this the 8th day of June, 2011.

Respectfully submitted,

/s/ Poonam Juneja

.

POONAM JUNEJA, MS Bar No. 103181

poonam.juneja@splcenter.org

JODY E. OWENS, II, MS Bar No. 102333

jody.owens@splcenter.og

SHEILA A. BEDI, MS Bar No. 101652

sheila.bedi@splcenter.org

CORRIE COCKRELL, MS Bar No. 102376

corrie.cockrell@splcenter.org

Mississippi Youth Justice Project

Southern Poverty Law Center

921 N. President Street, Suite B

Jackson, Mississippi 39202

601-948-8882 (telephone)

601-948-8885 (fax)

Attorneys for Plaintiff.

3

Case 3:11-cv-00344-TSL -MTP Document 3 Filed 06/08/11 Page 4 of 4 CERTIFICATE OF SERVICE
I, Poonam Juneja, one of the attorneys for the Plaintiff, do hereby certify that I electronically filed the foregoing Motion for Class Certification and accompanying exhibits with the Clerk of the Court using the ECF system, which sent notification to all counsel of record. SO CERTIFIED, this 8th day of June, 2011.
/s/ Poonam Juneja___________________ Poonam Juneja, Miss. Bar No. 103181
4

 
 Case 3:11-cv-00344-TSL -MTP Document 84 Filed 04/12/12 Page 1 of 5

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF MISSISSIPPI
JACKSON DIVISION

A.M, by and through his next friend, Jeanette Murry; on behalf of himself and all other persons similarly situated,

Plaintiff,

v.

Case No.3:11cv344-TSL-MTP

JACKSON PUBLIC SCHOOLS BOARD OF TRUSTEES, in its official capacity, et al.,

Defendants.

JOINT MOTION FOR APPROVAL OF SETTLEMENT AGREEMENT, CERTIFICATION OF SETTLEMENT CLASS AND TO SET A DATE FOR A
FAIRNESS HEARING

Pursuant to Federal Rule of Civil Procedure 23(e), the Parties move the Court to issue an

Order approving the attached Settlement Agreement and certifying the class for settlement and

monitoring purposes, and retaining jurisdiction of the Settlement Agreement for enforcement

purposes. In support of this Motion, the Parties state the following:

1) On June 8, 2011, Plaintiff filed this civil rights action against the Jackson Public Schools

(“JPS”) Board of Trustees; Dr. Jayne Sargent, Interim Superintendent for JPS; Glenn

Davis, Director of Security for JPS; Marie Harris, Principal of Capital City Alternative

School (CCAS); Bobby Walden, Vice Principal of CCAS; Stacey Greenwood, a School

Safety Officer at CCAS; and Franklin McKee, a School Safety Officer at CCAS,

hereinafter collectively referred to as “the District” or “Defendants.” Plaintiff sought

certification of a class of all students who currently attend, or will in the future attend

CCAS; and declaratory and injunctive relief to end Defendants’ practice of handcuffing

students to fixed objects at CCAS.

Case 3:11-cv-00344-TSL -MTP Document 84 Filed 04/12/12 Page 2 of 5
2) On September 26, 2011, the Court issued an Initial Case Management Order (ECF No. 26) ordering the Parties to conduct limited discovery for the purposes of class certification only. The Parties each conducted three, two-hour depositions, and exchanged numerous documents over the course of sixty (60) days.
3) The Settlement Agreement was not reached lightly and results from five negotiation sessions between the Parties, two of which occurred before Judge Parker. The Settlement Agreement requires Defendants to end the practice of handcuffing children to fixed objects and to undertake a series of reforms to improve the climate at CCAS and ensure greater transparency in school discipline procedures at CCAS. See Settlement Agreement, attached as Exhibit A. The Settlement Agreement is the product of serious, informed, non-collusive negotiations, has no obvious deficiencies, and does not improperly grant preferential treatment to class representatives or segments of the class, and falls within the range of possible relief.
4) The Settlement Agreement will spare the parties and the court from extensive litigation, and best serves the interests of the putative class.
5) The class affected by the Settlement Agreement is comprised of all students who currently attend and/or will attend CCAS in the future. Plaintiff’s counsel has agreed to draft a written notice to current class members to explain the terms of the agreement, provide them with an opportunity to advise Plaintiff’s counsel of any objections, and advise current class members of the date of any fairness hearing scheduled by the Court so that class members may have the opportunity to offer testimony on the fairness of the Settlement Agreement. The Parties agree that the notice to current class members shall
2

Case 3:11-cv-00344-TSL -MTP Document 84 Filed 04/12/12 Page 3 of 5

specifically state that this lawsuit and the Settlement Agreement address, settle and resolve only claims for injunctive and declaratory relief. 6) It is the intent of the Parties that this Honorable Court will not dismiss this matter but will retain jurisdiction for purposes of enforcing the Settlement Agreement, and the Parties respectfully request that an Order from this Court reflect the same. 7) It is also the intent of the Parties that this Settlement Agreement settles only claims for declaratory and injunctive relief and that the Settlement Agreement will not preclude any class member from bringing an individual damages claim against Defendants. The Parties respectfully request that an Order from this Court reflect the same. 8) For these reasons, the Parties respectfully request that the Court set this matter for a fairness hearing. Pending approval of this Settlement Agreement at the fairness hearing, the Parties respectfully request that the Court enter an Order 1) certifying the proposed settlement class; 2) granting approval of the settlement agreement; and 3) retaining jurisdiction for enforcement purposes.

Date: April 12, 2012

Respectfully submitted,
/s/ Vanessa J. Carroll VANESSA J. CARROLL, MS Bar No. 102736 vanessa.carroll@splcenter.org JODY E. OWENS, II, MS Bar No. 102333 jody.owens@splcenter.og SHEILA A. BEDI, MS Bar No. 101652 sheila.bedi@splcenter.org CORRIE COCKRELL, MS Bar No. 102376 corrie.cockrell@splcenter.org Southern Poverty Law Center 111 E. Capitol St., Suite 280 601-948-8882 (telephone) 601-948-8885 (fax)
COUNSEL FOR PLAINTIFF
3

Case 3:11-cv-00344-TSL -MTP Document 84 Filed 04/12/12 Page 4 of 5
/s/JoAnne N. Shepherd JOANNE N. SHEPHERD, MS Bar No. 8598 jnelson@jackson.k12.ms.us KASHONDA L. DAY, MS Bar No. 103144 kaday@jackson.k12.ms.us Jackson Public Schools 662 S. President St. Jackson, MS 39201 601-960-8916 (telephone) 601-973-8545 (fax) COUNSEL FOR DEFENDANTS
4

Case 3:11-cv-00344-TSL -MTP Document 84 Filed 04/12/12 Page 5 of 5
CERTIFICATE OF SERVICE I, Vanessa Carroll, Attorney for the Plaintiff, do hereby certify that I electronically filed the foregoing document and all accompanying exhibits with the Clerk of the Court using the ECF system, which sent electronic notification to the following:
JoAnne Nelson Shepherd, Esq. KaShonda Day, Esq. Jackson Public Schools 662 S. President St. Jackson, MS 39201 (601) 960-8916 jnelson@jackson.k12.ms.us kaday@jackson.k12.ms.us SO CERTIFIED, this 12th day of April, 2012,
/s/Vanessa J. Carroll VANESSA J. CARROLL
5

Case 3:11-cv-00344-TSL -MTP Document 84-1 Filed 04/12/12 Page 1 of 8
EXHIBIT A

Case 3:11-cv-00344-TSL -MTP Document 84-1 Filed 04/12/12 Page 2 of 8

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF MISSISSIPPI
JACKSON DIVISION

A.M, by and through his next friend, Jeanette Murry; on behalf of himself and all other persons similarly situated,

Plaintiff,

v.

Case No.3: llcv344-TSL-MTP

JACKSON PUBLIC SCHOOLS BOARD OF TRUSTEES, in its official capacity, eta!.,

Defendants.

SETTLEMENT AGREEMENT

I.

On June 8, 2011, Plaintiff filed suit against the Jackson Public Scbools (JPS) Board of Trustees;

Dr. Jayne Sargent, Interim Superintendent for JPS; Glenn Davis, Director of Security for JPS; Marie

Harris, Principal of Capital City Alternative School (CCAS); Bobby Walden, Vice Principal of CCAS;

Stacey Greenwood, a School Safety Officer at CCAS; and Franklin McKee, a School Safely Officer al

CCAS, hereinafter collectively referred to as "the District" or "Defendants." Plaintiff sought certification

of a class of all students who currently attend, or will in the future attend CCAS; and declaratory and

injunctive relief to end Defendants' practice of handcuffing students to fixed objects at CCAS.

2.

Without any admission on behalf of either, Plaintiff and Defendants agree that it is in the best

interests of all parties to resolve this matter amicably without further litigation and cost to the taxpayers of

Jackson, Mississippi.

3.

This Agreement shall govern the operation of the Capital City Alternative School and/or any

other alternative educational program operated by JPS pursuant to Miss. Code Ann.§ 37-13-92.

4.

This Agreement shall inure to the benefit of the proposed class of all students who currently

attend and/or will attend CCAS in the future; and shall be binding upon the legal representatives and any

successors of Defendants. The Parties stipulate to class certification for the purpose of settlement only,

and agree to file with the Court a joint petition for class certification as part of their motion for approval

Case 3:11-cv-00344-TSL -MTP Document 84-1 Filed 04/12/12 Page 3 of 8

of this Settlement Agreement. Plaintiff's counsel shall hear the cost and burden of providing adequate

notice of the Settlement Agreement to the settlement class.

5.

For the purpose of this Agreement, the following definitions shall apply throughout:

a. The term "fixed object" refers to a railing, pole, chair, desk, bench, or other piece of

furniture, whether or not such object is secured to the ground in some form or fashion.

b. The term "handcuffing" refers to placing a handcuff(s) around the wrist(s) and/or ankle(s)

of an individual.

c. The term "fixed restraint(s)" refers to securing an individual to a fixed object with

handcuffs, shackles, and/or any other device.

Specific Agreements

6.

Defendants shall immediately issue a written directive to all employees of the Jackson Public

School District barring the use of fixed restraints by all JPS employees on any JPS student.

7.

Defendants shall immediately issue a written directive to all employees of the Jackson Public

School District barring the use of handcuffs on all students under the age of 13 years old; and barring the

use of handcuffs as punishment and/or for noncriminal conduct.

8.

Without maklng any admission as to liability, Defendants shall revise the District's Student

Restraint Policy to comply with federal law and best practices. Counsel for Plaintiff will retain experts in

law enforcement and children's mental health to review the draft policy. Defendants shall work with the

expert consultants retained by Plaintiff's counsel and consider the advice and opinions of Plaintiff's

experts in revising the District's restraint policy. The new policy shall require proper documentation of

all instances in which handcuffs or other restraints are used on students. Defendants shall complete

revision of the Student Restraint Policy and present it for Board approval within 60 days of execution of

this agreement.

9.

Defendants shall write a letter to Marie Harris and Bobby Walden to specifically advise them that

JPS has banned the use of fixed restraints and that futnre use of fixed restraints will result in immediate

termination of employment with JPS. A copy of this letter and a copy of the District's new Student

2

Case 3:11-cv-00344-TSL -MTP Document 84-1 Filed 04/12/12 Page 4 of 8
Restraint Policy will be placed in the personnel files of Marie Harris and Bobby Walden. Defendants shall require Marie Hm-ris and Bobby Walden to receive 15 hours of additional training on behavior management, trauma-informed communication, verbal de-escalation, and the safe use of restraints. Defendants shall comply with the terms of this paragraph within 60 days of execution of this Agreement. 10. Defendants shall conduct a school climate assessment of CCAS within 60 days of execution of this Agreement. In cooperation with the Monitor designated pursuant pm·agraph 17 infra, Defendants shall select a nationally-recognized school climate assessment instrument and designate sufficient District personnel to conduct the school climate assessment. The assessment shall include student, parent, and teacher satisfaction surveys. The Monitor will review the data collected through the school climate assessment and draft a report based on this assessment that discusses the findings of the assessment and identifies positive and negative factors affecting the school climate at CCAS. Defendants shall collaborate with the Monitor to develop policies and procedures to improve the school climate at CCAS. 11. Defendants shall collaborate with Plaintiff's expert to select a Social Emotional Learning (SEL) curriculum to be implemented at CCAS. The purpose of the SEL curriculum shall be to focus on serving the academic, social, emotional and behavioral needs of students affected by trauma; and to help CCAS students develop appropriate social skills and emotional regulation. Defendants shall consult with the Mississippi Department of Education's Assistant Superintendent of Alternative Schools to obtain guidance on how to integrate the SEL curriculum iuto the State curriculum. Defendants shall comply with the terms of this paragraph within 60 days of execution of this Agreement. 12. Defendants shall ensure that within 60 days of the execution of this Agreement all individuals employed at CCAS, including bus drivers, administration, and custodial and cafeteria staff will receive the complete training from Crisis Prevention Institute (CPI) on behavior management, verbal deescalation, effective communication, crisis managmnent, and the safe use of restraints. 13. Defendants shall ensure that within 60 days of execution of this Agreement all individuals employed at CCAS will receive training from Catholic Charities on effective communication strategies for children affected by trauma.
3

Case 3:11-cv-00344-TSL -MTP Document 84-1 Filed 04/12/12 Page 5 of 8
14. Defendants' PBIS consultant, Edwin Wilson, shall conduct a focused review of the implementation of PBIS at CCAS which shall include a review of all discipline data collected at CCAS since the District began implementing PBIS at CCAS, an on-site inspection of CCAS, and interviews with CCAS staff and students. Mr. Wilson shall write a report summarizing his findings and assessing the quality of PBIS at CCAS, and shall include recommendations for further reducing anests of CCAS students, expulsions, in-school and out-of-school suspensions, and office referrals. Mr. Wilson shall arrange for the provision of additional PBIS training to CCAS staff if deemed necessary for full implementation of PBIS with fidelity at CCAS. Defendants shall comply with the steps outlined in this paragraph within 60 days of execution of this Agreement. Mr. Wilson shall continue to monitor PBIS implementation at CCAS and provide the Parties with a progress report every semester. 15. Defendants shall collaborate with the Monitor to create CCAS-sponsored extracurricular activities that are meaningful and accessible to all students placed at CCAS for any length of time. 16. In collaboration with the Monitor, Defendants shall create a Capital City Site Council comprised of parents of JPS students, JPS students, JPS Director of Social Work, a mental health professional, a representative from a child advocacy organization, JPS security personnel, and CCAS faculty to oversee the reforms outlined in this Agreement. The Monitor shall be responsible for identifying the students, parents, mental health professional, and child advocacy representative. Defendants shall be responsible for appointing the remaining members of the Site Council. CCAS students and their parents shall be notified in writing of the creation of this Site Council, the Site Council shall be described in the CCAS student handbook, and Defendants shall create a procedure for students and their parents to present comments and concerns to the Site Council. CCAS students and their parents shall be advised of the procedure to convey concerns to the Board. The Board will meet monthly to examine concerns, evaluate progress, oversee and guide the work of the monitor and consultants, and serve as a new level of accountability and transparency for practices at CCAS. Defendants shall comply with the contents of this paragraph within 60 days of execution of this Agreement.
4

Case 3:11-cv-00344-TSL -MTP Document 84-1 Filed 04/12/12 Page 6 of 8
Monitoring and Enforcement 17. Defendants shall contract with an Independent Monitor who will be responsible for overseeing and documenting Defendants' compliance with the terms of this Agreement and for providing and/or arranging technical assistance and training necessary to obtain Defendants' compliance with the terms of this Agreement. The Independent Monitor must have substantial experience in working with children with significant behavioral and mental health needs and providing appropriate educational and related services to this population. The Parties will attempt to mutually select an Independent Monitor who meets these criteria. If the Parties cannot reach an agreement regarding an Independent Monitor, both parties shall file with the Court the names of three (3) potential monitors and au overview of their qualifications. Magistrate Judge Michael Parker will select the Independent Monitor. The parties shall file their proposed monitors with the Court within ten (10) days of filing this Settlement Agreement with the Court. The cost for the Monitor's fees and expenses shall be borne by the Defendant. Defendants shall execute a contract with the agreed-upon Monitor within 30 days of selection of the Monitor. 18. The Independent Monitor shall have full and complete access to CCAS's premises and records as needed to track compliance with this Agreement. This shall include the ability to interview CCAS staff and students. Defendants agree to cooperate fully with the Monitor to ensure the Monitor has the ability to carry out the responsibilities set forth in this Agreement. 19. On a monthly basis, Defendants shall provide the Independent Monitor with school discipline data from CCAS to track the trequency of in-school and out-of-school suspensions, expulsions, arrests of students from CCAS property, and the use of restraints at CCAS. 20. The Monitor shall file with the Court and provide the parties with reports describing the Defendants' steps to implement this Settlement Agreement and evaluate the extent to which the Defendant has complied with each substantive provision of this Agreement. Such reports shall be issued quarterly, unless the parties agree otherwise. The reports shall be provided to the parties in draft form for comment at least two (2) weeks prior to their submission to the Court. These reports shall be written with
5

Case 3:11-cv-00344-TSL -MTP Document 84-1 Filed 04/12/12 Page 7 of 8
due regard for the privacy interests of individual youth and staff and the interest of the Defendants in protecting against disclosure of non-public information. 21. Defendants shall facilitate the Monitor's ability to fulfill the responsibilities described in this Agreed Order. The Monitor may consult experts or consultants retained by either party. All parties shall receive copies of all draft reports from experts to the Monitor prior to the issuance of any Monitor's report, and shall have the option of being present at briefings from such experts to the Monitor and Defendants. The Monitor may initiate and receive ex parte communications with the parties and their respective experts and consultants. 22. All non-public information obtained by the Monitor shall be kept confidential. 23. Neither party, nor any employee or agent of either party, shall have any supervisory authority over the Monitor's activities, reports, findings or recommendations. 24. The Monitor's oversight of this Agreement shall terminate after two years if Defendants' have obtained substantial compliance with the terms of this Agreement and if during this two year peliod Defendants have fully refrained from the use of fixed restraints on all students and the use of handcuffs on students under the age of 13 years; and if the incidence of student arrests from CCAS has not increased over this two year period. 25. The Comt shall retain jurisdiction over this Agreement for enforcement purposes to ensure that the Parties fulfill their respective obligations under this Agreement. In the event that any matter related to this Agreement is brought to the Court, the Comt may require briefing and any remedy within the Court's jurisdiction shall be available. 26. In the event that the Plaintiff determines the Defendant is non-compliant with any terms of this Agreement, Plaintiffs will seek to meet and confer with Defendants and resolve issues of non-compliance informally before seeking comt intervention.
6

J '

•

'

Case 3:11-cv-00344-TSL -MTP Document 84-1 Filed 04/12/12 Page 8 of 8

Miscellaneous Provisions 27. This lawsuit and this Settlement Agreement address, settle and resolve only claims for injunctive and declaratory relief. The notice to the settlement class will contain this same language. 28. Each party agrees to bear their own costs and attorneys' fees. However, in the event of a breach of the Settlement Agreement neither party is prohibited from seeking an award of costs and/or attorneys' fees incurred as part of their enforcement action and/or for any part of their original representation or defense of this case. Neither side waives the right to object to any future award of costs and/or attorneys' fees.
EXECUTED this 3rd day of April, 2012, by:

vanessa.carroll @splcenter.org JODY E. OWENS, II, MS Bar No. 102333 jody.owens@splcenter.og SHE~A A. BED!, MS Bar No. 101652 sheila.bedi @splcenter.org CORRIE COCKRELL, MS Bar No. 102376 corrie.cockrell@ spleenier.org Southern Poverty Law Center 111 E. Capitol St., Suite 280 601-948-8882 (telephone) 601-948-8885 (fax)
COUNSEL FOR PLAINTIFF
NE N. SHEPHERD, MS Bar No. 8598 j nelson@ jackson.k12.ms.us KASHONDA L. DAY, MS Bar No. 103144 kaday@j ackson.k12.ms.us Jackson Public Schools 662 S. President St. Jackson, MS 39201 601-960-8916 (telephone) 601-973-8545 (fax)
COUNSEL FOR DEFENDANTS
7

 
 Case 3:11-cv-00344-TSL -MTP Document 87 Filed 05/25/12 Page 1 of 2

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF MISSISSIPPI
JACKSON DIVISION

A.M, by and through his next friend, Jeanette Murry; on behalf of himself and all other persons similarly situated,

Plaintiff,

v.

Case No.3:11cv344-TSL-MTP

JACKSON PUBLIC SCHOOLS BOARD OF TRUSTEES, in its official capacity, et al.,

Defendants.

ORDER APPROVING SETTLEMENT

Before this Court is the Parties' Joint Motion for Approval of Settlement Agreement and

Certification of Settlement Class. The Parties provided notice to class members of the proposed

settlement and set a hearing and deadline by which the class members could file objections.

Having received no objections, the Court conducted the fairness hearing on May 25, 2012.

Having considered the pleadings, submissions and arguments of counsel, the Court finds that the

settlement is fair, reasonable and adequate, and therefore is APPROVED.

It is hereby ordered that:

1. The Settlement Agreement is fair, reasonable, and adequate and results from serious,

informed, non-collusive negotiations, has no obvious deficiencies, does not improperly

grant preferential treatment to class representatives or segments of the class, and falls

within the range of possible relief.

2. Class certification is granted for settlement purposes only. The settlement class is

comprised of all students who currently attend and or will attend the Capital City

Alternative School in the future.

Case 3:11-cv-00344-TSL -MTP Document 87 Filed 05/25/12 Page 2 of 2
3. Fair and reasonable notice of the proposed settlement was provided to the class. On May 4, 2012, Plaintiffs counsel mailed a copy of the Notice of Proposed Class Action Settlement and the Settlement Agreement to the 584 students currently attending Capital City Alternative School.
4. The Settlement Agreement settles only claims for declaratory and injunctive relief and the Settlement Agreement will not preclude any class member from bringing an individual damages claim against Defendants.
5. This case will be closed on the Court's docket, but not dismissed. The Court will retain jurisdiction for the purposes of monitoring and enforcement. SO ORDERED AND ADJUDGED this the 25th day of May, 2012.
Hon~
UNITED STATES DISTRICT JUDGE

 
 5130/12

Settlement of SPLC Suit to End Brutal Treatment of Students 1Southern Poverty Law Center

05/25/2012
Settlement of SPLC Suit to End Brutal Treatment of Students

A federal judge has approwd a settlement agreement between the Southern Powrty Law Center and the public school system in Jackson, Miss., to refonn discipline policies across the district and to end the brutal practice of handcuffing students to railings and poles for hours at a time as punishment for minor rule \Aolations.
"This settlement agreement is a \Actory for the students of Jackson Public Schools who haw been subjected to years of brutal disciplinary policies,• said Jody Owens, who leads the SPLC's Mississippi office.

.. Sign up for newsletters .. rv1edia Inquiries .. SPLC in the News .. Donate

"Jackson Public Schools officials at the highest lewis failed to protect students from a prison-like en\Aronment, where children were subjected to regular shackling and chained to poles and railings for minor, non-criminal \Aolations of school rules," Owens said. "This handcuffing policy demonstrated a punitiw school culture and a broken model of school discipline that focused on criminalizing students at the expense of educating them."

The agreement, approwd Thursday by U.S. District Court Judge Tom Lee, resolws a federal ci\11 rights
class-action lawsuit the SPLC brought against Jackson Public Schools in June 2011 on behalf of
students at Capital City Altematiw School (CCAS) who were shackled and handcuffed to railings and poles by JPS officials. These children were frequently left unsuper\Ased for up to six hours at a time, forced to eat their lunches while restrained, and had to beg school staff to release them in order to use the restroom. These abusiw and excessiw tactics were used as discipline for perceiwd \Aolations of minor school rules, including dress code infractions.

Under the agreement, the school system must owrhaul discipline policies throughout the school district. The specific reforms appro\ed and ordered by the court include:

• A written directiw from the district barring all Jackson Public Schools employees from using fixed restraints on any JPS students.

• A ban on the use of handcuffs on all students under the age of 13, and a ban on the use of handcuffs as punishment for non-criminal beha\Aor.

• A school climate assessment of Capital City Altematiw School within 60 days, including student, parent and teacher satisfaction surwys.

• The adoption of a Social Emotional Learning curriculum at CCAS designed to help students dewlap appropriate social skills and emotional regulation.

• Training for all indi\Aduals employed at CCAS on beha\Aor management, wrbal de-escalation and effectiw communication.

• The implementation of Positiw Beha\Aorallnterwntions and Supports at CCAS, including the regular re\Aew of discipline data and inter\Aews with staff and students.

• The formation of an owrsight council comprised of students, parents, child adwcates and a mental health professional to owrsee disciplinary reforms.

www.splcenter.org/get-informed/news/settlement-of-splc-suit-to-end-brutal-treatment-of-students

112

5130/12

Settlement of SPLC Suit to End Brutal Treatment of Students 1Southern Poverty Law Center

The settlement agreement also requires JPS to hire an independent expert to monitor the district's
compliance with the terms of the agreement.
The SPLC's education reform efforts in Mississippi include ad\Ucacy to reform school discipline practices that cause children to leaw school and that haw a disproportionate impact on students of color or with special needs.

© 2012. Southern R>verty Law ~nter.

www.splcenter.org/get-informed/news/settlement-of-splc-suit-to-end-brutal-treatment-of-students

212

 
 U.S. District Court Southern District of Mississippi (Northern (Jackson)) CIVIL DOCKET FOR CASE #: 3:11-cv-00344-TSL-RHW

A.M. v. Jackson Public Schools Board of Trustees et al Assigned to: District Judge Tom S. Lee Referred to: Magistrate Judge Robert H. Walker Cause: 42:1983 Civil Rights Act

Date Filed: 06/08/2011 Date Terminated: 05/25/2012 Jury Demand: None Nature of Suit: 440 Civil Rights: Other Jurisdiction: Federal Question

Plaintiff
A.M. By and Through his next friend, Jeanette Murry; on Behalf of himself and all other persons similarly situated

represented by Corrie Wynette Cockrell SOUTHERN POVERTY LAW CENTER - Jackson 111 East Capitol Street, Suite 280 Jackson, MS 39201 601/948-8882 Fax: 601/948-8885 Email: corrie.cockrell@splcenter.org (Inactive) TERMINATED: 07/20/2015 ATTORNEY TO BE NOTICED

Jody E. Owens , II SOUTHERN POVERTY LAW CENTER - Jackson 921 North President Street, Suite B Jackson, MS 39202 601/948-8882 Fax: 601/948-8885 Email: jody.owens@splcenter.org ATTORNEY TO BE NOTICED

Poonam Juneja POONAM JUNEJA, ATTORNEY 1389 Jefferson Street, Apt. A101 Oakland, CA 94612 925/858-8606 Email: poonam.juneja@gmail.com TERMINATED: 07/25/2011 ATTORNEY TO BE NOTICED

Sheila A. Bedi

SOUTHERN POVERTY LAW CENTER - Jackson 111 East Capitol Street, Suite 280 Jackson, MS 39201 601/948-8882 Fax: 601/948-8885 Email: sheila.a.bedi@gmail.com TERMINATED: 08/24/2012 ATTORNEY TO BE NOTICED
Vanessa Judith Carroll SOUTHERN POVERTY LAW CENTER - New Orleans 1055 St. Charles Ave., Suite 505 New Orleans, LA 70130 6083547149 Fax: 504/486-8947 Email: vanessa.carroll@splcenter.org TERMINATED: 08/13/2013 ATTORNEY TO BE NOTICED

V.
Defendant
Jackson Public Schools Board of Trustees in its Official Capacity

represented by JoAnne N. Shepherd-State Gov JACKSON PUBLIC SCHOOLS 662 S. President Street P. O. Box 2338 (39225-2338) Jackson, MS 39201 (601) 960-8916 Email: jnelson@jackson.k12.ms.us ATTORNEY TO BE NOTICED

KaShonda L. Day-State Gov JACKSON PUBLIC SCHOOLS 662 S. President Street P. O. Box 2338 (39225-2338) Jackson, MS 39201 601/960-8818 Fax: 601/973-8545 Email: kaday@jackson.k12.ms.us ATTORNEY TO BE NOTICED

Defendant

Dr. Lonnie J. Edwards, Sr. in His official capacity as Superintendent at Jackson Public Schools

represented by JoAnne N. Shepherd-State Gov (See above for address) ATTORNEY TO BE NOTICED
KaShonda L. Day-State Gov (See above for address) ATTORNEY TO BE NOTICED

Defendant
Glenn Davis in His official capacity as Director of Security at Jackson Public Schools

represented by JoAnne N. Shepherd-State Gov (See above for address) ATTORNEY TO BE NOTICED
KaShonda L. Day-State Gov (See above for address) ATTORNEY TO BE NOTICED

Defendant
Marie Harris in Her official capacity as Principal at Capital City Alternative School

represented by JoAnne N. Shepherd-State Gov (See above for address) ATTORNEY TO BE NOTICED
KaShonda L. Day-State Gov (See above for address) ATTORNEY TO BE NOTICED

Defendant
Bobby Walden in His official capacity as Vice Principal at Capital City Alternative School

represented by JoAnne N. Shepherd-State Gov (See above for address) ATTORNEY TO BE NOTICED
KaShonda L. Day-State Gov (See above for address) ATTORNEY TO BE NOTICED

Defendant
Franklin McKee in His official capacity as school safety officer at Capital City Alternative School

represented by JoAnne N. Shepherd-State Gov (See above for address) ATTORNEY TO BE NOTICED
KaShonda L. Day-State Gov (See above for address) ATTORNEY TO BE NOTICED

Defendant
Stacey Greenwood in Her official capacity as school safety officer at Capital City Alternative School

represented by JoAnne N. Shepherd-State Gov (See above for address) ATTORNEY TO BE NOTICED
KaShonda L. Day-State Gov (See above for address) ATTORNEY TO BE NOTICED

Date Filed 06/08/2011
06/08/2011
06/08/2011 06/08/2011 06/08/2011 06/14/2011 06/14/2011 06/14/2011

# Docket Text
1 COMPLAINT against Glenn Davis, Lonnie J. Edwards, Sr, Stacey Greenwood, Marie Harris, Jackson Public Schools Board of Trustees, Franklin McKee, and Bobby Walden ( Filing fee $ 350 receipt number 34643010208), filed by A.M.. (Attachments: # 1 Civil Cover Sheet)(ND) (Entered: 06/08/2011)
2 Summons Issued as to Glenn Davis, Lonnie J. Edwards, Sr, Stacey Greenwood, Marie Harris, Jackson Public Schools Board of Trustees, Franklin McKee, and Bobby Walden. (ND) (Entered: 06/08/2011)
3 First MOTION to Certify Class by A.M. (Attachments: # 1 Exhibit Exhibit 1 - Juneja Declaration, # 2 Exhibit Exhibit 2 - Murry Declaration)(Juneja, Poonam) (Entered: 06/08/2011)
4 MEMORANDUM in Support re 3 First MOTION to Certify Class filed by A.M. (Juneja, Poonam) (Entered: 06/08/2011)
5 CERTIFICATE OF SERVICE by A.M. re 3 First MOTION to Certify Class, 4 Memorandum in Support of Motion to Certify Class (Juneja, Poonam) (Entered: 06/08/2011)
6 SUMMONS Returned Executed by A.M. Lonnie J. Edwards, Sr served on 6/9/2011, answer due 6/30/2011. (Juneja, Poonam) (Entered: 06/14/2011)
7 SUMMONS Returned Executed by A.M. Bobby Walden served on 6/9/2011, answer due 6/30/2011. (Juneja, Poonam) (Entered: 06/14/2011)
8 SUMMONS Returned Executed by A.M. Franklin McKee served on 6/9/2011, answer due 6/30/2011. (Juneja, Poonam) (Entered: 06/14/2011)

06/14/2011 06/14/2011 06/14/2011 06/14/2011 06/28/2011
06/28/2011 06/28/2011 06/30/2011 07/08/2011
07/13/2011

9 SUMMONS Returned Executed by A.M. Glenn Davis served on 6/9/2011, answer due 6/30/2011. (Juneja, Poonam) (Entered: 06/14/2011)
10 SUMMONS Returned Executed by A.M. Stacey Greenwood served on 6/9/2011, answer due 6/30/2011. (Juneja, Poonam) (Entered: 06/14/2011)
11 SUMMONS Returned Executed by A.M. Jackson Public Schools Board of Trustees served on 6/9/2011, answer due 6/30/2011. (Juneja, Poonam) (Entered: 06/14/2011)
12 SUMMONS Returned Executed by A.M. Marie Harris served on 6/9/2011, answer due 6/30/2011. (Juneja, Poonam) (Entered: 06/14/2011)
13 RESPONSE in Opposition re 3 First MOTION to Certify Class filed by Glenn Davis, Lonnie J. Edwards, Sr, Stacey Greenwood, Marie Harris, Jackson Public Schools Board of Trustees, Franklin McKee, Bobby Walden (Attachments: # 1 Exhibit Affidavit of Bishop Knox, # 2 Exhibit Affidavit of Stacey Greenwood, # 3 Exhibit Student Restraint Policy)(Shepherd, JoAnne) (Entered: 06/28/2011)
14 MEMORANDUM IN SUPPORT re 13 Response in Opposition to Motion, filed by Glenn Davis, Lonnie J. Edwards, Sr, Stacey Greenwood, Marie Harris, Jackson Public Schools Board of Trustees, Franklin McKee, Bobby Walden (Shepherd, JoAnne) (Entered: 06/28/2011)
15 ANSWER to 1 Complaint, by Glenn Davis, Lonnie J. Edwards, Sr, Stacey Greenwood, Marie Harris, Jackson Public Schools Board of Trustees, Franklin McKee, Bobby Walden.(Shepherd, JoAnne) (Entered: 06/28/2011)
16 NOTICE of Appearance by Vanessa Judith Carroll on behalf of All Plaintiffs (Carroll, Vanessa) (Entered: 06/30/2011)
17 REPLY to Response to Motion re 13 Response in Opposition to Motion, to Certify Class filed by A.M. (Attachments: # 1 Exhibit Leah Rupp, Back to School, Clarion Ledger, August 6, 2006, # 2 Exhibit American Civil Liberties Union, Missing the Mark: Alternative Schools in the State of Mississippi (2009))(Juneja, Poonam) (Entered: 07/08/2011)
18 MOTION to Seal Document 13 Response in Opposition to Motion, by Glenn Davis, Lonnie J. Edwards, Sr, Stacey Greenwood, Marie

07/15/2011 07/18/2011 07/19/2011
07/22/2011 07/25/2011 08/22/2011
08/22/2011

Harris, Jackson Public Schools Board of Trustees, Franklin McKee, Bobby Walden (Attachments: # 1 Exhibit Affidavit of Stacey Greenwood)(Shepherd, JoAnne) (Entered: 07/13/2011)
19 Rebuttal re 17 Reply to Response to Motion, filed by Jackson Public Schools Board of Trustees (Shepherd, JoAnne) (Entered: 07/15/2011)
20 ORDER granting 18 Motion to Seal Document. Exhibit B (ECF No. 13-2) will be SEALED. Defendants directed to provide the Clerk with a redacted version, as set out herein. Signed by District Judge Tom S. Lee on 7/18/11 (LWE) (Entered: 07/18/2011)
21 ATTACHMENT - Redacted Exhibit Affidavit of Stacey Greenwood in re 13 Response in Opposition to Motion and 20 Order on Motion to Seal Document, filed by Glenn Davis, Lonnie J. Edwards, Sr, Stacey Greenwood, Marie Harris, Jackson Public Schools Board of Trustees, Franklin McKee, Bobby Walden. (ND) (Entered: 07/19/2011)
22 MOTION to Withdraw as Attorney by A.M. (Juneja, Poonam) (Entered: 07/22/2011)
TEXT ONLY ORDER granting 22 Motion to Withdraw as Attorney. Attorney Poonam Juneja terminated. No further written order will issue. Signed by Magistrate Judge Michael T. Parker on July 25, 2011 (KPM) (Entered: 07/25/2011)
23 **DISREGARD THIS ENTRY**Rule 16(a) Initial Order: Telephonic Case Management Conference set for 9/26/2011 9:30 AM before Magistrate Judge Michael T. Parker. Counsel for plaintiff is responsible for initiating the conference call and shall contact Judge Parker's chambers (601.544.9100) when all parties are connected. Confidential settlement memoranda are due on or before 9/20/11. (KPM) Modified on 8/22/2011 (KPM). (Entered: 08/22/2011)
24 Rule 16(a) Initial Order: Telephonic Case Management Conference set for 9/26/2011 9:30 AM before Magistrate Judge Michael T. Parker. Counsel for plaintiff is responsible for initiating the conference call and shall contact Judge Parker's chambers (601.544.9100) when all parties are connected. Confidential settlement memoranda are due on or before 9/20/11. (KPM) (Entered: 08/22/2011)

08/22/2011 09/15/2011 09/26/2011
09/26/2011 09/29/2011 10/07/2011 10/07/2011 10/13/2011 10/13/2011 10/13/2011 10/26/2011

DOCKET ANNOTATION as to #24: This document replaces 23 which contained an error. Document 23 should be disregarded. (KPM) (Entered: 08/22/2011)
25 ORDER entered staying ruling on 3 Motion to Certify Class so that discovery can be conducted, as set out herein. Signed by District Judge Tom S. Lee on 9/15/11 (LWE) (Entered: 09/15/2011)
Minute Entry for proceedings held before Magistrate Judge Michael T. Parker: Telephonic Case Management Conference held on 9/26/2011. A scheduling order will be entered. PARTICIPANTS: Jody Owens, Vanessa Carroll and Jed Oppenheim for plaintiff; JoAnne Shepherd for defendants. (KPM) (Entered: 09/26/2011)
26 INITIAL CASE MANAGEMENT ORDER. Signed by Magistrate Judge Michael T. Parker on September 26, 2011 (KPM) (Entered: 09/26/2011)
27 NOTICE of Service of Initial Disclosure by Glenn Davis, Lonnie J. Edwards, Sr, Stacey Greenwood, Marie Harris, Jackson Public Schools Board of Trustees, Franklin McKee, Bobby Walden (Shepherd, JoAnne) (Entered: 09/29/2011)
28 NOTICE of Service of Interrogatories by A.M. (Owens, Jody) (Entered: 10/07/2011)
29 NOTICE of Service of Request for Production by A.M. (Owens, Jody) (Entered: 10/07/2011)
30 NOTICE of Service of First Set of Interrogatories by Glenn Davis, Lonnie J. Edwards, Sr, Stacey Greenwood, Marie Harris, Jackson Public Schools Board of Trustees, Franklin McKee, Bobby Walden (Shepherd, JoAnne) (Entered: 10/13/2011)
31 NOTICE of Service of First Set of Request for Production by Glenn Davis, Lonnie J. Edwards, Sr, Stacey Greenwood, Marie Harris, Jackson Public Schools Board of Trustees, Franklin McKee, Bobby Walden (Shepherd, JoAnne) (Entered: 10/13/2011)
32 NOTICE of Service of First Set of Request for Admissions by Glenn Davis, Lonnie J. Edwards, Sr, Stacey Greenwood, Marie Harris, Jackson Public Schools Board of Trustees, Franklin McKee, Bobby Walden (Shepherd, JoAnne) (Entered: 10/13/2011)
33 NOTICE to Take Deposition of Franklin McKee by A.M. (Carroll, Vanessa) (Entered: 10/26/2011)

10/26/2011 10/26/2011 11/01/2011
11/01/2011
11/01/2011
11/01/2011
11/01/2011
11/01/2011
11/02/2011 11/02/2011 11/02/2011 11/02/2011

34 NOTICE to Take Deposition of Marie Harris by A.M. (Carroll, Vanessa) (Entered: 10/26/2011)
35 NOTICE to Take Deposition of Stacey Greenwood by A.M. (Carroll, Vanessa) (Entered: 10/26/2011)
36 NOTICE to Take Deposition of A.M. by Glenn Davis, Lonnie J. Edwards, Sr, Stacey Greenwood, Marie Harris, Jackson Public Schools Board of Trustees, Franklin McKee, Bobby Walden (Shepherd, JoAnne) (Entered: 11/01/2011)
37 NOTICE to Take Deposition of N.R. by Glenn Davis, Lonnie J. Edwards, Sr, Stacey Greenwood, Marie Harris, Jackson Public Schools Board of Trustees, Franklin McKee, Bobby Walden (Shepherd, JoAnne) (Entered: 11/01/2011)
38 NOTICE to Take Deposition of R.S. by Glenn Davis, Lonnie J. Edwards, Sr, Stacey Greenwood, Marie Harris, Jackson Public Schools Board of Trustees, Franklin McKee, Bobby Walden (Shepherd, JoAnne) (Entered: 11/01/2011)
39 NOTICE to Take Deposition of A.M. by Glenn Davis, Lonnie J. Edwards, Sr, Stacey Greenwood, Marie Harris, Jackson Public Schools Board of Trustees, Franklin McKee, Bobby Walden (Shepherd, JoAnne) (Entered: 11/01/2011)
40 NOTICE to Take Deposition of N.R. by Glenn Davis, Lonnie J. Edwards, Sr, Stacey Greenwood, Marie Harris, Jackson Public Schools Board of Trustees, Franklin McKee, Bobby Walden (Shepherd, JoAnne) (Entered: 11/01/2011)
41 NOTICE to Take Deposition of R.S. by Glenn Davis, Lonnie J. Edwards, Sr, Stacey Greenwood, Marie Harris, Jackson Public Schools Board of Trustees, Franklin McKee, Bobby Walden (Shepherd, JoAnne) (Entered: 11/01/2011)
42 NOTICE of Service of First Amended Pre-Discovery Disclosure by A.M. (Carroll, Vanessa) (Entered: 11/02/2011)
43 NOTICE to Take Deposition of Stacey Greenwood by A.M. (Carroll, Vanessa) (Entered: 11/02/2011)
44 NOTICE to Take Deposition of Franklin McKee by A.M. (Carroll, Vanessa) (Entered: 11/02/2011)
45 NOTICE to Take Deposition of Marie Harris by A.M. (Carroll, Vanessa) (Entered: 11/02/2011)

11/07/2011 11/07/2011 11/07/2011 11/07/2011 11/07/2011 11/07/2011 11/07/2011 11/07/2011 11/07/2011 11/07/2011 11/07/2011 11/08/2011
11/08/2011 11/11/2011

46 NOTICE of Service of Response to Interrogatories by Stacey Greenwood (Shepherd, JoAnne) (Entered: 11/07/2011)
47 NOTICE of Service of Response to Interrogatories by Marie Harris (Shepherd, JoAnne) (Entered: 11/07/2011)
48 NOTICE of Service of Response to Interrogatories by Franklin McKee (Shepherd, JoAnne) (Entered: 11/07/2011)
49 NOTICE of Service of Response to Interrogatories by Bobby Walden (Shepherd, JoAnne) (Entered: 11/07/2011)
50 NOTICE of Service of Response to Request for Production by Franklin McKee (Shepherd, JoAnne) (Entered: 11/07/2011)
51 NOTICE of Service of Response to Request for Production by Bobby Walden (Shepherd, JoAnne) (Entered: 11/07/2011)
52 NOTICE of Service of Response to Request for Production by Bobby Walden (Shepherd, JoAnne) (Entered: 11/07/2011)
53 NOTICE of Service of Response to Interrogatories by Jackson Public Schools Board of Trustees (Shepherd, JoAnne) (Entered: 11/07/2011)
54 NOTICE of Service of Response to Interrogatories by Jackson Public Schools Board of Trustees (Shepherd, JoAnne) (Entered: 11/07/2011)
55 NOTICE of Service of Response to Request for Production by Jackson Public Schools Board of Trustees (Shepherd, JoAnne) (Entered: 11/07/2011)
56 NOTICE of Service of Response to Request for Production by Stacey Greenwood (Shepherd, JoAnne) (Entered: 11/07/2011)
DOCKET ANNOTATION as to # 51 . Actual discovery requests/responses to discovery requests are not to be filed with the Court [L.U.Civ.R. 5.(d)(3)]. Only a notice of service should be filed with the Court [Official Form No. 2 (b)]. (ND) (Entered: 11/08/2011)
57 NOTICE of Service of Response to Request for Production by Marie Harris (Shepherd, JoAnne) (Entered: 11/08/2011)
TEXT ONLY ORDER granting plaintiffs' ore tenus motion for protective order. Plaintiffs' depostions will take place at the offices of their attorneys. Likewise, if and when defendants' depositions are

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noticed, those depostions will take place at the offices of the defendants' attorneys unless otherwise agreed. No further written order will issue. Signed by Magistrate Judge Michael T. Parker on November 11, 2011. (Parker, Michael) (Entered: 11/11/2011)
Minute Entry for proceedings held before Magistrate Judge Michael T. Parker: Telephonic Discovery Hearing held on 11/11/2011. The court heard arguments regarding the location for depositions. A text order was entered. PARTICIPANTS: Jody Owens for plaintiff; JoAnne Shepherd for defendants. (KPM) (Entered: 11/14/2011)
58 NOTICE of Service of Plaintiff's Response to Interrogatories by A.M. (Carroll, Vanessa) (Entered: 11/14/2011)
59 NOTICE of Service of Plaintiff's Response to Request for Admissions by A.M. (Carroll, Vanessa) (Entered: 11/14/2011)
60 NOTICE of Service of Plaintiff's Response to Request for Production by A.M. (Carroll, Vanessa) (Entered: 11/14/2011)
61 Subpoena Returned Executed as to N.R.. (Shepherd, JoAnne) (Entered: 11/16/2011)
62 NOTICE of Service of Supplemental Response to Interrogatories by Jackson Public Schools Board of Trustees (Shepherd, JoAnne) (Entered: 11/17/2011)
63 NOTICE of Service of Supplemental Response to Request for Production by Jackson Public Schools Board of Trustees (Shepherd, JoAnne) (Entered: 11/17/2011)
64 NOTICE of Service of Jayne Sargent, Interim Superintendent Supplemental Response to Interrogatories by Jackson Public Schools Board of Trustees (Shepherd, JoAnne) (Entered: 11/17/2011)
65 NOTICE of Service of Supplemental Response to Request for Production by Franklin McKee (Shepherd, JoAnne) (Entered: 11/17/2011)
66 NOTICE of Service of Supplemental Response to Request for Production by Stacey Greenwood (Shepherd, JoAnne) (Entered: 11/17/2011)
67 NOTICE of Service of Supplemental Response to Interrogatories by Marie Harris (Shepherd, JoAnne) (Entered: 11/17/2011)

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68 NOTICE of Service of Supplemental Response to Request for Production by Marie Harris (Shepherd, JoAnne) (Entered: 11/17/2011)
69 NOTICE to Take Deposition of N.R. by Glenn Davis, Lonnie J. Edwards, Sr, Stacey Greenwood, Marie Harris, Jackson Public Schools Board of Trustees, Franklin McKee, Bobby Walden (Shepherd, JoAnne) (Entered: 11/17/2011)
Minute Entry for proceedings held before Magistrate Judge Michael T. Parker: Telephonic Discovery Hearing held on 11/18/2011. The court heard arguments regarding the dispute relating to the deposition of a non-party minor. An order will be entered. PARTICIPANTS: Vanessa Carroll for plaintiff; JoAnne Shepherd for defendants. (KPM) Modified on 11/18/2011 (KPM). (Entered: 11/18/2011)
TEXT ONLY ORDER re 69 Second Re-Notice to Take Deposition of N.R., a minor. The Court held a telephone conference with counsel for the parties. Counsel for Plaintiff also represents the nonparty minor deponent. The Court finds that Defendants provided adequate notice of the deposition, and that the minor's mother was given an opportunity to attend but was unavailable. The Court finds that the deposition of N.R., a minor, should go forward as renoticed. NO FURTHER WRITTEN ORDER SHALL ISSUE. Signed by Magistrate Judge Michael T. Parker on November 18, 2011.(Cochran, Ronald) (Entered: 11/18/2011)
DOCKET ANNOTATION as to Minute Entry of 11/18/11: entry modified to reflect appropriate subject of call. (KPM) (Entered: 11/18/2011)
70 NOTICE of Service of Second Supplemental PreDiscovery Disclosure by A.M. (Carroll, Vanessa) (Entered: 11/23/2011)
71 NOTICE of Service of Supplemental Response to Request for Production by A.M. (Carroll, Vanessa) (Entered: 11/23/2011)
JOINT ORE TENUS MOTION for Protective Order. (Cochran, Ronald) (Entered: 11/23/2011)
72 AGREED PROTECTIVE ORDER granting Joint Ore Tenus Motion for Protective Order. Signed by Magistrate Judge Michael T. Parker on November 23, 2011. (Cochran, Ronald) (Entered: 11/23/2011)

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73 MOTION to Compel Defendants' Responses to Plaintiff's Requests for Production of Documents for Class Certification Discovery by A.M. (Attachments: # 1 Exhibit Pls. Req. for Prod. to Def. Harris, # 2 Exhibit Pls. Req. for Prod. to Def. McKee, # 3 Exhibit Pls. Req. for Prod. to Def. Greenwood, # 4 Exhibit Def. Harris Resp. to Req. for Prod., # 5 Exhibit Def. McKee Resp. to Req. for Prod., # 6 Exhibit Def. Greenwood Resp. to Req. for Prod., # 7 Exhibit Def. Harris Resp. to Interrog., # 8 Exhibit Def. Greenwood Resp. to Interrog., # 9 Exhibit Def. McKee Resp. to Interrog., # 10 Exhibit Harris Dep., # 11 Exhibit Greenwood Dep., # 12 Exhibit McKee Dep., # 13 Exhibit Def. McKee Suppl. Resp. to Interrog., # 14 Exhibit Def. Greenwood Suppl. Resp. to Interrog., # 15 Exhibit Letter from V. Carroll to J. Shepherd 11/14/2011, # 16 Exhibit Emails from V. Carroll to J. Shepherd 11/25/2011, # 17 Exhibit Email from V. Carroll to J. Shepherd 11/29/2011, # 18 Exhibit Letter from V. Carroll to J. Shepherd 11/29/2011, # 19 Exhibit Letter from V. Carroll to J. Shepherd 11/30/2011, # 20 Exhibit Letter from V. Carroll to J. Shepherd 11/30/2011, # 21 Exhibit Letter from V. Carroll to J. Shepherd 12/07/2011, # 22 Exhibit Letter from J. Shepherd to V. Carroll 12/07/2011, # 23 Exhibit Decl. of V. Carroll)(Carroll, Vanessa) (Entered: 12/23/2011)
74 MEMORANDUM in Support re 73 MOTION to Compel Defendants' Responses to Plaintiff's Requests for Production of Documents for Class Certification Discovery filed by A.M. (Carroll, Vanessa) (Entered: 12/23/2011)
75 First MOTION for Extension of Time to File Response/Reply as to 73 MOTION to Compel Defendants' Responses to Plaintiff's Requests for Production of Documents for Class Certification Discovery, 74 Memorandum in Support of Motion by A.M., Glenn Davis, Lonnie J. Edwards, Sr, Stacey Greenwood, Marie Harris, Jackson Public Schools Board of Trustees, Franklin McKee, Bobby Walden (Shepherd, JoAnne) (Entered: 12/24/2011)
TEXT ONLY ORDER granting 75 Motion for Extension of Time to File Response re 73 MOTION to Compel Defendants' Responses to Plaintiff's Requests for Production of Documents for Class Certification Discovery. Defendants' Response due by 1/10/2012. No further written order will issue. Signed by Magistrate Judge Michael T. Parker on December 27, 2011 (KPM) (Entered: 12/27/2011)
76 RESPONSE in Opposition re 73 MOTION to Compel Defendants' Responses to Plaintiff's Requests for Production of Documents for Class Certification Discovery filed by Glenn Davis, Lonnie J.

01/04/2012 01/04/2012 01/04/2012 01/04/2012 01/04/2012 01/17/2012

Edwards, Sr, Stacey Greenwood, Marie Harris, Jackson Public Schools Board of Trustees, Franklin McKee, Bobby Walden (Attachments: # 1 Exhibit Good Faith Certificate)(Shepherd, JoAnne) (Entered: 01/04/2012)
77 MOTION for Protective Order by Glenn Davis, Lonnie J. Edwards, Sr, Stacey Greenwood, Marie Harris, Jackson Public Schools Board of Trustees, Franklin McKee, Bobby Walden (Attachments: # 1 Exhibit Good Faith Certificate)(Shepherd, JoAnne) (Entered: 01/04/2012)
78 MEMORANDUM in Opposition re 77 MOTION for Protective Order filed by Glenn Davis, Lonnie J. Edwards, Sr, Stacey Greenwood, Marie Harris, Jackson Public Schools Board of Trustees, Franklin McKee, Bobby Walden (Shepherd, JoAnne) (Entered: 01/04/2012)
79 MEMORANDUM in Support re 78 Memorandum in Opposition to Motion filed by Glenn Davis, Lonnie J. Edwards, Sr, Stacey Greenwood, Marie Harris, Jackson Public Schools Board of Trustees, Franklin McKee, Bobby Walden (Attachments: # 1 Exhibit Plaintiff's November 14, 2011 Letter, # 2 Exhibit Plaintiff's November 29, 2011 Letter, # 3 Exhibit Plaintiff's November 30, 2011 Letter, # 4 Exhibit Plaintiff's December 7, 2011 Letter)(Shepherd, JoAnne) (Entered: 01/04/2012)
80 MOTION for Protective Order by Glenn Davis, Lonnie J. Edwards, Sr, Stacey Greenwood, Marie Harris, Jackson Public Schools Board of Trustees, Franklin McKee, Bobby Walden (Attachments: # 1 Exhibit Plaintiff's November 14, 2011 Letter, # 2 Exhibit Plaintiff's November 29, 2011 Letter, # 3 Exhibit Plaintiff's November 30, 2011 Letter, # 4 Exhibit Plaintiff's December 7, 2011 Letter)(Shepherd, JoAnne) (Entered: 01/04/2012)
81 MEMORANDUM in Support re 76 Response in Opposition to Motion, filed by Glenn Davis, Lonnie J. Edwards, Sr, Stacey Greenwood, Marie Harris, Jackson Public Schools Board of Trustees, Franklin McKee, Bobby Walden (Attachments: # 1 Exhibit Pls. Nov. 14, 2011 Letter, # 2 Exhibit Pls. Nov. 29, 2011 Letter, # 3 Exhibit Pls. Nov. 30, 2011 Letter, # 4 Exhibit Pls. Dec. 7, 2011 Letter)(Shepherd, JoAnne) (Entered: 01/04/2012)
Set Hearings: At the request of the parties and having confirmed their availability, a TELEPHONIC Status Conference is set for 1/20/2012 11:00 AM before Magistrate Judge Michael T. Parker. Counsel for plaintiff is responsible for initiating the conference call and shall contact Judge Parker's chambers (601.544.9100) when all

01/18/2012 01/26/2012 01/26/2012 01/26/2012
01/30/2012 02/28/2012

parties are connected or provide a call-in number to all parties, including the court. (KPM) (Entered: 01/17/2012)
Reset Hearings: Having confirmed the availability of counsel, the TELEPHONIC Status Conference is reset for 1/26/2012 2:00 PM before Magistrate Judge Michael T. Parker. Counsel for plaintiff is responsible for initiating the conference call and shall contact Judge Parker's chambers (601.544.9100) when all parties are connected or provide a call-in number to all parties, including the court. (KPM) (Entered: 01/18/2012)
Minute Entry for proceedings held before Magistrate Judge Michael T. Parker: Telephonic Status Conference held on 1/26/2012. An appropriate order will be entered. PARTICIPANTS: Corrie Cockrell, Jody Owens and Vanessa Carroll for plaintiff; JoAnn Shepherd and Kashonda Day for defendants. (KPM) (Entered: 01/26/2012)
82 ORDER denying as moot Plaintiff's 73 Motion to Compel; denying as moot Defendants' 77 Motion for Protective Order; denying as moot Defendants' 80 Motion for Protective Order. Signed by Magistrate Judge Michael T. Parker on January 26, 2012. (Cochran, Ronald) (Entered: 01/26/2012)
Set Hearings: Settlement Conference set for 2/28/2012 9:30 AM in Courtroom 6B, United States Courthouse, 501 E. Court Street, Jackson, MS before Magistrate Judge Michael T. Parker. Local counsel, lead trial counsel and all clients with full and final settlement authority MUST be present. Each party must submit a settlement memoranda, not to exceed three (3) pages, which shall include the partys settlement position, all prior mediation attempts and the final settlement position of the parties to the undersigned on or before 2/21/12. (KPM) (Entered: 01/26/2012)
TEXT ONLY ORDER: The parties are hereby directed to contact the court for an evidentiary hearing before the district judge assigned to this case, if such a hearing is necessary, within two (2) weeks of the completion of the mediation/settlement conference set before Magistrate Judge Michael T. Parker on 2/28/12. Issued by Judge Tom S. Lee on 1/30/012. NO FURTHER WRITTEN ORDER SHALL ISSUE FROM THIS COURT. Signed by District Judge Tom S. Lee on 1/30/12 (LWE) (Entered: 01/30/2012)
Minute Entry for proceedings held before Magistrate Judge Michael T. Parker: Settlement Conference held on 2/28/2012. The parties reached an agreement in principle to settle the case. Pending preparation of the final document and approval by the School

03/15/2012
03/26/2012 03/30/2012
04/02/2012 04/12/2012 04/12/2012 04/19/2012

Board, the parties will submit to the court by no later than 3/15/12 a joint motion for settlement approval and class certification. PARTICIPANTS: Jody Owens and Vanessa Carroll for plaintiffs; JoAnne Shepherd and Kashonda Day for defendants. (KPM) (Entered: 02/28/2012)
Set/Reset Hearings: Pursuant to the parties' request, a Settlement Conference is set for 3/30/2012 at 01:30 PM in Courtroom 6B, United States Courthouse, 501 E. Court Street, Jackson, MS, before Magistrate Judge Michael T. Parker. Local counsel, lead trial counsel and all clients with full and final settlement authority MUST be present. Each party must submit a settlement memoranda, not to exceed three (3) pages, which sets forth the respective positions of the parties regarding the remaining unresolved issue to the undersigned on or before March 26, 2012.(KM) (Entered: 03/15/2012)
TEXT ONLY ORDER finding as moot 3 Motion to Certify Class pursuant to announcement of 2/28/12, subject to reinstatement if settlement not consummated. Issued by District Judge Tom S. Lee on 3/26/12. NO FURTHER WRITTEN ORDER SHALL ISSUE FROM THIS COURT. (LWE) (Entered: 03/26/2012)
Minute Entry for proceedings held before Magistrate Judge Michael T. Parker: Settlement Conference held on 3/30/2012. The parties addressed and resolved the remaining settlement issues and the revised agreement will be promptly submitted to the school board for approval. An order will be entered confirming the schedule by which certain tasks essential to the settlement will be completed. APPEARANCES: Jody Owens and Vanessa Carroll for plaintiffs; JoAnne Shepherd and Kashonda Day for defendants. (KPM) (Entered: 03/30/2012)
83 ORDER. Signed by Magistrate Judge Michael T. Parker on April 2, 2012. (Cochran, Ronald) (Entered: 04/02/2012)
84 Joint MOTION for Settlement , Certification of Settlement Class, and to Schedule a Fairness Hearing by A.M. (Attachments: # 1 Exhibit Settlement Agreement)(Carroll, Vanessa) (Entered: 04/12/2012)
85 NOTICE of Selection of Independent Monitor by A.M. (Carroll, Vanessa) (Entered: 04/12/2012)
Set/Reset Hearings: Fairness Hearing set for 5/25/2012 09:30 AM in Courtroom 4A (Jackson) before District Judge Tom S. Lee (LWE) (Entered: 04/19/2012)

05/25/2012
05/25/2012
05/25/2012 08/23/2012 08/24/2012
08/27/2012 11/27/2012 04/08/2013 08/08/2013 08/13/2013
08/23/2013 01/22/2014 05/14/2015

Minute Entry for proceedings held before District Judge Tom S. Lee: FAIRNESS Hearing held on 5/25/2012 re 84 Joint MOTION for Settlement , etc. No objections were presented, and order approving settlement was entered. (Court Reporter B. Wolverton (601/608-4188) (LWE) (Entered: 05/25/2012)
86 Plaintiff's Exhibit List/Exhibits to Fairness hearing held 5/25/12: (Attachments: # 1 Exhibit P-1, # 2 Exhibit P-2, # 3 Exhibit P-3, # 4 Exhibit P-4, # 5 Exhibit P-5, # 6 Exhibit P-6, # 7 Exhibit P-7, # 8 Exhibit P-8, # 9 Exhibit P-9)(LWE) (Entered: 05/25/2012)
87 ORDER APPROVING SETTLEMENT - Signed by District Judge Tom S. Lee on 5/25/2012 (ND) (Entered: 05/25/2012)
88 MOTION to Withdraw as Attorney by A.M. (Bedi, Sheila) (Entered: 08/23/2012)
TEXT ONLY ORDER granting 88 Motion to Withdraw as Attorney. Attorney Sheila A. Bedi terminated. NO FURTHER WRITTEN ORDER WILL ISSUE. Signed by Magistrate Judge Michael T. Parker on August 24, 2012 (KPM) (Entered: 08/24/2012)
89 NOTICE - First Quarterly Monitoring Report (ND) (Entered: 08/27/2012)
90 NOTICE - First Quarterly Monitoring Report (ND) (Entered: 11/27/2012)
91 NOTICE - Third Quarterly Monitoring Report (ND) (Entered: 04/08/2013)
92 MOTION to Withdraw as Attorney by A.M. (Carroll, Vanessa) (Entered: 08/08/2013)
93 ORDER granting 92 Motion to Withdraw as Attorney. Attorney Vanessa Judith Carroll terminated. Signed by Magistrate Judge Michael T. Parker on August 13, 2013 (KPM) (Entered: 08/13/2013)
94 NOTICE - Fourth Quarterly Monitoring Report (ND) (Entered: 08/23/2013)
95 NOTICE - Fifth Quarterly Monitoring Report. (TLC) (Entered: 01/22/2014)
96 Letter from Executive Director Joy Hogge, Ph.D. (Attachments: # 1 Student Restraint Policy).(TLC) (Entered: 05/18/2015)

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97 MOTION to Withdraw as Attorney by A.M. (Cockrell, Corrie) (Entered: 06/26/2015)
TEXT ONLY ORDER REASSIGNING CASE to Magistrate Judge Robert H. Walker, pursuant to Internal Rule 1, amended 2/2/15. NO FURTHER WRITTEN ORDER SHALL ISSUE FROM THIS COURT. Issued by District Judge Tom S. Lee on 6/26/15 (LWE) (Entered: 06/30/2015)
98 Unopposed MOTION to Dismiss with Prejudice by Glenn Davis, Lonnie J. Edwards, Sr, Stacey Greenwood, Marie Harris, Jackson Public Schools Board of Trustees, Franklin McKee, Bobby Walden (Day, KaShonda) (Entered: 07/17/2015)
TEXT ONLY ORDER granting 97 Motion to Withdraw as Attorney. Attorney Corrie Wynette Cockrell terminated. NO FURTHER WRITTEN ORDER WILL ISSUE. Signed by Magistrate Judge Robert H. Walker on July 20, 2015. (Joffe, Scherry) (Entered: 07/20/2015)
TEXT ONLY ORDER granting 98 Motion to Dismiss case with prejudice. NO FURTHER WRITTEN ORDER SHALL ISSUE FROM THIS COURT. Issued by District Judge Tom S. Lee on 7/27/15 (LWE) (Entered: 07/27/2015)

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