349 F.Supp. 881 (1972)
Nazareth GATES et al. and
United States of America, Plaintiff-Intervenor, v.
John COLLIER et al.
No. GC 71-6-K.
United States District Court, N. D. Mississippi, Greenville Division.
September 13, 1972. Judgment October 20, 1972.
882345 *882 *883 *884 *885 Roy S. Haber, Jackson, Miss., for plaintiffs.
H. M. Ray, U. S. Atty., Oxford, Miss., Jesse Queen, Michael Davidson, Tom Sheron, Department of Justice, Washington, D. C., for plaintiff-intervenor.
A. F. Summer, Atty. Gen., Jackson, Miss., P. Roger Googe, Jr., William A. Allain, Jesse Adams, Asst. Attys. Gen., for defendants.
FINDINGS OF FACT AND CONCLUSIONS OF LAW
PRELIMINARY STATEMENT
KEADY, Chief Judge.
This case of great public concern and interest involves alleged unconstitutional conditions and practices in the maintenance, operation, and administration of the Mississippi State Penitentiary at Parchman, Mississippi (Parchman).
The action began February 8, 1971, as a class action brought by certain Parchman inmates against the Superintendent of the Penitentiary, the members of the Mississippi Penitentiary Board and the Governor of the State. Thomas D. Cook, penitentiary superintendent at the commencement of the action, was replaced in February 1972 by John Collier, who has been substituted in his stead as a defendant. Invoking federal court jurisdiction under 28 U.S.C. §§ 1331 and 1343, the plaintiffs allege that the defendants, by their methods of prison administration, have deprived the inmates of rights, privileges and immunities secured to them by the First, Eighth, Thirteenth and Fourteenth Amendments and by 42 U.S.C. §§ 1981, 1983, 1985 and 1994. The complaint also charge that negro inmates have been segregated and discriminated against on the basis of their race in violation of the Equal Protection Clause of the Fourteenth Amendment.[1] The complaint seeks injunctive relief to remedy the alleged misconduct of the defendants and a declaratory judgment that the continuation of certain practices and conditions at the penitentiary is unconstitutional.
On August 23, 1971, the United States was allowed to intervene as plaintiff pursuant to 42 U.S.C. § 2000h-2.[2] The complaint in intervention alleges that the defendants have, contrary to the Fourteenth Amendment, maintained a system of prison facilities segregated by race; and, additionally, the defendants have failed to provide the inmates with adequate housing, medical care, and protection from assault from other prisoners; that 886 the conditions of the sewerage disposal and water systems create an immediate *886 health hazard, and that prison officials have permitted the custodial staff, including inadequately trained armed trusties, to inflict cruel and unusual punishment upon inmates in violation of the Eighth Amendment. The United States seeks injunctive relief to remedy the alleged misconduct of defendants.

The parties have conducted extensive pre-trial discovery consisting of depositions, interrogatories and answers, interviews, inspections and investigations carried on at Parchman by attorneys, penologists, FBI agents, legislators and other interested persons. After pre-trial conferences, the case was set for full evidentiary hearing on May 15, 1972. By agreement of counsel for all parties, however, the introduction of oral evidence and further testimony in open court was waived and the case submitted to the court for decision upon the pleadings, stipulations, depositions, interrogatories and answers, offers of proof, factual summaries, proposed trial plans, evidentiary synopses, photographs, reports and other documentary evidence. In this manner a multitude of materials has been admitted as evidence, without objection; and these materials constitute the basis upon which the court makes its findings of fact and conclusions of law as follows:
FINDINGS OF FACT
1. Established in the year 1903, Parchman is the sole state prison for the State of Mississippi and is located in the Delta region of the state. The main area, comprising approximately 16,000 acres, is located in Sunflower County near Drew. A smaller area is located in Quitman County in the vicinity of Lambert. Parchman is and has always been operated essentially as a farm devoted to the growing of cotton, soybeans and other crops as well as the production of livestock, swine, poultry and the operation of a dairy. In recent years vocational training for certain trades has been established.
2. The Penitentiary Board, composed of 5 persons appointed by the Governor with consent of the Senate for 4year terms, appoints the prison superintendent, who, by statute, is vested with the exclusive management and control of the prison system in all aspects, including the care and treatment of inmates and the hiring, control and discharge of approximately 150 civilian employees. Miss.Code Ann. §§ 7924, 7930 and 7932 (1971 Supp.).
3. There are approximately 1900 inmates at Parchman, of which 50 are women; and two-thirds of the total prison population is black. The prison itself consists of 21 units, 12 of which are the major residential camps with permanent population. All of the units are located at Parchman except (a) the Governor's mansion, which is in Jackson; (b) Mississippi State Hospital, which is located at Whitfield approximately 140 miles from Parchman; and (c) Camp B, which is located near Lambert. Seven camps have no permanent population because inmates are assigned only temporarily to them, viz: Maximum Security Unit (MSU), Hospital, Dairy, Camp 3 (Pre-release Center), Camp 7 (Psychiatric Camp), Camp 9 (Diagnostic and Reception Center), and Whitfield (Mississippi State Hospital). Two separate facilities exist for women, i. e., Women's Camp and Women's Pre-release Center.
4. All persons who are convicted of a felony and sentenced to a prison term by the state courts of Mississippi are confined at Parchman or at Whitfield. Miss. Code Ann. § 7922. MSU also houses a number of pre-trial detainees who have been sent by court order to Parchman for safekeeping. All inmates, except those confined to MSU, are housed in barracks or dormitories.
5. Four civilians, or "free-world" personnel, are stationed at each of the 12 residential camps. There is a sergeant who is in charge of and responsible for the security and welfare of his camp and its inmates. Two employees, known as drivers, are assigned to most of the camps for the purpose of taking inmates to and from field work. The remaining civilian is employed as night watchman.
887 *887 6. While the sergeants, drivers and night watchmen have general supervisory responsibility over the inmates, the practice at Parchman is that, as former Superintendent Cook described it: "The inmates do the guarding of other inmates." Under the system in use certain inmates, described as "trusties", "hallboys", "floorwalkers" and "cage bosses" (whose selection and responsibilities are described more fully below) perform custodial and supervisory duties over the rest of the inmates, and in some cases trusties are armed for the performance of their duties.
RACIAL DISCRIMINATION
7. The policy and practice at Parchman has been and is to maintain a system of prison facilities segregated by race, and by which the black inmates are subjected to disparate and unequal treatment. Approximately twice the

number of blacks are required to live in the same amount of dormitory space as white inmates. Inmates are assigned to the 12 major residential camps on the basis of race. Inmates are assigned to work details according to race. Blacks have not been afforded the same vocational training opportunities as have the white inmates. Prison officials maintain separate files for black and white inmates and make work and housing assignments therefrom. Although inmates of both races are housed in the same buildings at the prison hospital and women's camps, they are nevertheless placed in separate, segregated wings. Black inmates in some instances have been subjected to greater punishment or more severe discipline than have white inmates for similar infractions of penitentiary rules. Historically, Parchman employees have been only of the white race and not until recent months have any blacks been employed as civilian personnel. At the time the record was closed, only two blacks were employed.
PHYSICAL FACILITIES
8. The housing units at Parchman are unfit for human habitation under any modern concept of decency. The facilities at all camps for the disposal of human and other waste are shockingly inadequate and present an immediate health hazard. Open sewage is a breeding ground for rats and other vermin. As recently reported by the State Board of Health: "A new sewage system is the most pressing environmental need now existing at the Penitentiary." The entire waste disposal system has been condemned by state health and pollution agencies. All of the 14 water systems have one or more deficiencies needing attention or improvement; 8 of the systems have major defects which present a potentiality for dangerous contamination. Water, contaminated as a result of the inadequate sewerage system, has caused the spread of infectious diseases. At most camps the amount of water available for drinking and sanitation is approximately half enough for inmate personnel. As reported by the State Board of Health February 10, 1972: "The water supply facilities at Mississippi State Penitentiary were found to be inadequate and obsolete . . . to protect the health of the inmates and employees at Mississippi State Penitentiary. The need for a new water system is almost as great as the need for a sewer system."
9. The building facilities at most camps, "are in a deplorable state of maintenance and repair," as reported by the Mississippi Joint Legislative Committee January 4, 1971, and result in sub-human conditions. The electric wiring at a majority of the units is frayed, exposed and generally in a bad state of repair, presenting safety hazards to the inmates. Heating facilities are inadequate to heat the inhabited areas; many broken windows at the camps are stuffed with rags to keep out the cold, wind and rain. Bathroom facilities for the inmates at the different camps for basic hygiene are, as a rule, inadequate in number and poorly maintained. According to Mr. Cook, the number 888 and quality of operable commodes, showers, soap containers and other hygienic necessities are inadequate *888 at most camps. For example, at Camp B, there are three wash basins for 80 men which consist of oil drums cut in half. Kitchen facilities and food service are below par. By any standard of decency, the physical facilities are woefully inadequate and far below minimal requirements. Indeed, the photographic evidence depicts filthy bathrooms and barracks, dead rats near the barracks, and mattresses, purchased second-hand, which are old, dirty and in bad repair. At most camps there is also a lack of adequate fire-fighting equipment at the housing units, making it, as stated by Mr. Cook, "almost impossible to put out a fire at Parchman with the present water system and the present fire-fighting equipment."
10. The facilities for housing, sheltering and caring for inmates at the great majority of the camps are in severe need of maintenance and repair, if not replacement, because the present conditions are hazardous to the health and safety of human beings. Many of these gross deficiencies are of long standing and are the result of public and official apathy and neglect for the fundamental needs of persons incarcerated for crime. Although in recent years certain physical improvements have been made, notably by the establishment of pre-release centers for men and women, the living conditions provided for the inmates at the various camps are generally deplorable and subhuman.
MEDICAL FACILITIES
11. The medical staff and available facilities at Parchman fail to provide adequate medical care for the inmate population, with the result that many inmates have not received prompt or efficient medical examination,

treatment or medication. Until recently only one physician was employed at Parchman; inmates have been relied upon to perform important medical functions for which they are not qualified. The hospital is still without many items of equipment needed to treat emergencies. Unsanitary conditions, particularly in the T. B. ward, prevail in and nearby the hospital. Some inmates with serious contagious diseases are allowed to mingle with the general prison population; other inmates have developed complications from lack of medical treatment. Administration practices tend to discourage inmates from seeking needed medical assistance. For example, some of the sergeants regularly punish inmates by sending them to MSU after an examination by a physician does not reveal any obvious injury; and Superintendent Collier's announced policy is to threaten an inmate with loss of selling plasma, good time or visiting privileges if he unnecessarily requests aid of a doctor.
INADEQUATE PROTECTION OF INMATES
12. All of the inmates, except those who are in MSU, are housed in buildings at the various camps which have two separate wings and contain barracks known as "cages", one for regular inmates called "gunmen" and the other for trusties. On the gunmen side the inmates are placed in one large room where they are assigned to bunks. Certain risks to inmates are created by the large number of inmates thus confined in each barrack; and the risks inherent in such confinement have been increased by the presence of the following conditions:
(a) Defendants have failed to properly classify and assign inmates to barracks, resulting in the intermingling of inmates convicted of aggravated violent crimes with those who are first offenders or convicted of nonviolent crimes.
(b) The assignment of substantial custodial responsibility to inmates who serve as hallboys, floorwalkers and cage bosses. These inmates are selected by the sergeant and are untrained for their duties. Hallboys perform administrative duties such as distributing medicine, delivering mail and maintaining inmate skeleton files. Floorwalkers are non-trusties who perform custodial duties both during daytime and nighttime and on whose 889 recommendation inmates may *889 be punished. Cage bosses are charged with the duty of enforcing discipline and maintaining peace in the barracks both day and night. The evidence is replete with instances of inhumanities, illegal conduct and other indignities visited by inmates who exercise authority over their fellow prisoners.
(c) Although many inmates possess knives or other handmade weapons, there is no established requirement or procedure for conducting shakedowns to discover such weapons, nor is possession of weapons reported or punished. At least 85 instances are revealed by the record where inmates have been physically assaulted by other inmates. Twenty-seven of these assaults involved armed attacks in which an inmate was either stabbed, cut or shot.
(d) Admittedly the civilian guards assigned to the camps are insufficient in number to maintain control over the inmates. The one civilian watchman who is assigned to each camp is prohibited by penitentiary rules from entering the cages. As stated by Mr. Cook, penitentiary employees have no control over inmates after the lights are turned out and "there is no way that anyone can guard the safety of an inmate in the Parchman situation" because of the dormitory type system and the lack of free world personnel to guard and protect inmates. In some cases, supervisory personnel have allowed inmates to fight, gamble and acquire liquor and drugs in violation of prison rules and state law.
(e) The operation of the armed trusty system as explained in the two succeeding paragraphs.
PARCHMAN'S TRUSTY SYSTEM
13. The primary duties of guarding other inmates are performed by trusties who are selected by the sergeants without the use of objective criteria or uniform standards. Payoffs, favoritism, extortion and participation in illegal activities have influenced the process of recommending and selecting trusties. The trusties who are armed, referred to as "trusty shooters", perform the guard duties at evey camp and facility within the confines of the penitentiary, except at the outer gates. The trusty shooters number approximately 150 and they are stationed at each camp in numbers that vary from 20 to 30. While no written rules prohibit the arming of civilian employees,

they do not ordinarily carry firearms. Instead, armed trusties are used to guard and oversee the inmates while working in the fields and on occasions the trusties are left in sole charge of the fields.
14. Penitentiary records indicate that many of the armed trusties have been convicted of violent crimes, and that of the armed trusties serving as of April 1, 1971, 35% had not been psychologically tested, 40% of those tested were found to be retarded, and 71% of those tested were found to have personality disorders. There is no formal program at Parchman for training trusties and they are instructed to maintain discipline by shooting at inmates who get out of the gun line; in many cases, trusties have received little training in the handling of firearms. Inmates have, on many occasions, suffered injuries and abuses as a result of the failure to select, train, supervise and maintain an adequate custodial staff. Trusties have abused their position to engage in loansharking, extortion and other illegal conduct in dealing with inmates subject to their authority and control. The evidence indicates that the use of trusties who exercise authority over fellow inmates has established intolerable patterns of physical mistreatment. For example, during the Cook administration, 30 inmates received gunshot wounds, an additional 29 inmates were shot at, and 52 inmates physically beaten.
DISCIPLINARY RULES, PUNISHMENT AND PROCEDURE
15. The penitentiary superintendent has statutory authority to prescribe rules regarding the discipline of prisoners. His authority is limited in only three respects: (a) Any prisoner placed in solitary confinement upon the 890 superintendent's *890 order shall be fed a meal at least once each day and be examined by a physician at least once every two days; (b) no prisoner shall be placed in the "dark hole" of MSU for longer than 24 hours; and (c) corporal punishment is limited to the use of the lash (not exceeding seven licks), which may be administered only upon the written order of the superintendent in the presence of any two of the following persons: the superintendent, the chaplain or a member of the penitentiary board, Miss.Code Ann. § 7968. The statute also prescribes that whenever a sergeant or other official considers it necessary for a prisoner to be punished, he must make a written report to the superintendent, stating the offense committed by the inmate, and the superintendent is required to investigate before ordering corporal punishment. Notwithstanding these statutory limitations, penitentiary superintendents at Parchman have frequently approved or acquiesced in punishments that exceed or fail to comply with these limitations imposed by state law.
16. MSU is a separate building with four wings, one portion of which is known as the "permanent side" where there are confined in solitary cells those inmates who are dangerous to others or have escape records or are sent to Parchman by court order for special safe-keeping, or those formerly in death row awaiting execution. The other section of MSU is referred to as the "punishment side" where inmates found guilty of violating prison rules are sent for varying lengths of time. Each wing in MSU contains 13 cells, each of which is approximately 8' × 10' in size. The individual cells are equipped for use by two men, with double metal bunks, lavatory and commode. In addition, each side has one 6' × 6' cell, known as the dark hole, with no lights, commode, sink or other furnishings. A hole in the concrete floor is located in the middle of the cell and is approximately 6" in diameter that will flush to dispose of body wastes. A heavy metal door with no window closes the cell.
17. Mr. Cook defended the use of the dark hole as a necessary type of psychological punishment for inmates who are obstreperous, obstinate violators of penitentiary discipline, and favored that method in preference to inflicting corporal punishment by the lash. When this action was begun, however, the practice was to place inmates in the dark hole naked, without any hygienic materials, and often without adequate food. It was customary to cut the hair of an inmate confined in the dark hole by means of heavy-duty clippers described by inmates as sheep shears, which in some cases resulted in injury. Under the present practice inmates have frequently been kept in the dark hole for 48 hours and may be confined therein for up to 72 hours. While an inmate occupies the dark hole, the cell is not cleaned, nor is the inmate permitted to wash himself.
18. Although Superintendents Cook and Collier have issued instructions prohibiting mistreatment in the enforcement of discipline, the record is replete with innumerable instances of physical brutality and abuse in disciplining inmates who are sent to MSU. These include administering milk of magnesia as a form of punishment, stripping inmates of their clothes, turning the fan on inmates while naked and wet, depriving inmates of mattresses, hygienic materials and adequate food, handcuffing inmates to the fence and to cells for long

periods of time, shooting at and around inmates to keep them standing or lying in the yard at MSU, and using a cattle prod to keep inmates standing or moving while at MSU. Indeed, the superintendents and other prison officials acquiesced in these punishment procedures.
19. Prior to November 1970, inmates were punished summarily in accordance with the recommendations of the camp sergeant and without adherence to any clearly defined procedure. Mr. Cook in November 1970 established a "trial council" and authorized it to handle disciplinary actions against inmates. By this procedure, the camp 891 sergeant is *891 directed to prepare a written report of the prison rule violation and deliver it to the security officer for distribution to the trial council, a group composed of three civilian penitentiary employees. The trial council is required to interview the inmate at MSU, to consider information supplied by the inmate and, if necessary investigate the complaint at the camp from which the inmate has come to determine whether the inmate is guilty of the offense charged. The trial council, if it determines guilt, is directed to assess appropriate punishment, which may not be imposed without approval by the superintendent or the assistant superintendent. The practices of the trial council, since its establishment, reveal the following:
(a) The inmate is not notified of the charge either orally or in writing prior to the time of the interview by the trial council.
(b) While an inmate is given an opportunity to respond orally to the charge, he is not permitted to present witnesses in his behalf or to confront and cross-examine adverse witnesses.
(c) The sergeant's written report need not identify anyone with personal knowledge of the information reported and is often made without either personal knowledge or investigation by the sergeant.
(d) In proceedings before the trial council, the inmate does not have available the assistance of a representative, and no transcript of any kind is made of the interview.
(e) Where an inmate denies or contradicts the report, the word of the reporting sergeant is generally accepted. Only on very rare occasions, approximately 1% of the cases, does the trial council make any independent investigation.
(f) The punishment recommendation made by the reporting sergeant is usually approved by both the trial council and the superintendent.
(g) Punishments imposed have not been uniform but frequently varied for similar infractions, and sometimes without regard to whether the offense was one of a minor or major nature.
20. Although the rules require all offenses to be heard by the trial council, inmates have been punished without a hearing, not only for conduct which is not listed in the charges but for conduct which is not a violation of prison rules.
MAIL CENSORSHIP
21. Until the eve of trial, the practice at Parchman was to censor all incoming and outgoing mail of inmates. Mr. Cook defended this practice as necessary for the prison's security. The custom was to delegate responsibility of censorship of mail to the camp sergeant; and at some of the camps the sergeants delegated to their wives or to the drivers the censoring of inmates' mail. During the course of this case, the court issued an order prohibiting censorship of mail sent to plaintiffs' counsel. On May 5, 1972, Mr. Collier issued a memorandum on correspondence privileges in which he advised that there would be no censorship of incoming or outgoing mail, that there would be no limit to letters an inmate may write except where limitation may be imposed as a matter of discipline, and that incoming mail will be opened in the presence of the inmate only to determine whether money is contained therein.

NOTORIETY OF CONDITIONS
22. The noted conditions, practices and procedures at Parchman have been the subject of investigation and critical comment in past years by committees of the Mississippi Legislature, public officials, and a study team from the University of Georgia. Comprehensive reports of such findings were last submitted to the Mississippi Legislature in 1971. As a result, the Legislature authorized and directed the penitentiary board (a) to prepare a plan to bring about limited centralization of facilities for improving the security of the inmates, and (b) to phase out 892 the existing agricultural camp units coincident *892 with the elimination of the trusty guard system (Miss.Code Ann. § 7926.5 approved April 20, 1971), and to eliminate trusty guards by July 1, 1974 (§ 7965). While the superintendent is permitted until that date to use "a reasonable number of deserving and trustworthy inmates . . . to guard inmates and to supervise their prison work details," the penitentiary board was authorized to eliminate the trusty system at an earlier date if feasible and consistent with consolidation procedures outlined in § 7926. 5. More recently a consultant committee engaged by the Mississippi State Planning Agency, the Law Enforcement Assistance Administration (LEAA), and the American Correctional Association reviewed conditions at Parchman and made an interim report thereon.[3] This committee concluded that present conditions at Parchman are "philosophically, psychologically, physically, racially and morally intolerable." The committee found that Parchman has been operated and continues to be operated in accordance with three fundamental principles that must be eliminated to correct gross deficiencies in the prison's administration, viz: (1) The prison system must operate at a profit at any cost; (2) Armed inmate guards are acceptable and capable of insuring safety and security within the system; and (3) Security and control of inmates are insured through maintaining a high degree of fear within the inmate population. The evidence sustains the conclusions of the consultant committee.
ASSISTANCE FROM LEAA
23. During pre-trial conferences, this court was advised of the recommendations made by the consultant committee for the expenditure of $1 million to take emergency steps toward meeting fundamental human needs of the inmate population as well as for long-range planning. These direly needed expenditures are summarized in the margin.[4] The court was further advised by the Administrator of LEAA, United States Department of Justice, that, upon prompt application by state officials, LEAA discretionary funds of $1 million would be made available to alleviate the most pressing adverse conditions at Parchman based upon the findings of the consultant committee. The Administrator of LEAA further represented that he would appoint a three-man planning group to develop, in conjunction with state officials, a long-range plan for improvement of all aspects of the prison's facilities and operations. At these conferences the Governor of the State also made known his concern for rectifying conditions 893 at Parchman and *893 gave assurances that he would strongly advocate to the Mississippi Legislature that it provide adequate legislation and funds not only to eliminate the undesirable conditions at Parchman but to make it an exemplary penal institution.
CONCLUSIONS OF LAW
Because of the federal claims, this court has jurisdiction of this case. 28 U.S.C. §§ 1331(a) and 1343(3) and (4). Our pendent jurisdiction is not limited to federal questions but extends to questions of state law that arise out of the same operative facts.
As the Supreme Court said recently: "Federal Courts sit not to supervise prisons but to enforce the constitutional rights of all `persons' which include prisoners. We are not unmindful that prison officials must be accorded latitude in the administration of prison affairs, and that prisoners necessarily are subject to appropriate rules and regulations. But persons in prison, like other individuals, have the right to petition the Government for redress of grievances. . . ." Cruz v. Beto, 405 U.S. 319, 92 S.Ct. 1079, 31 L.Ed.2d 263, 267 (1972). Although this federal district court is reluctant to interfere with the internal operation and administration of a prison, Sinclair v. Henderson, 435 F.2d 125 (5 Cir. 1970), the clear fact is that Parchman, in certain material respects, has been,

and continues to be, maintained and operated in a manner violative of rights secured to inmates by the United States Constitution, and also contrary to Mississippi law.
The defendants' policy of segregating inmates by race, unrelated to prison security and discipline, is in violation of the Equal Protection Clause of the Fourteenth Amendment to the United States Constitution. Washington v. Lee, 263 F.Supp. 327 (M.D.Ala. 1966), aff'd. 390 U.S. 333, 88 S.Ct. 994, 19 L.Ed.2d 1212 (1968). The Equal Protection Clause also prohibits racial discrimination in the administration of Parchman. Owens v. Brierley, 452 F.2d 640 (3 Cir. 1971); Tilden v. Pate, 390 F.2d 614 (7 Cir. 1968); and Rivers v. Royster, 360 F.2d 592 (4 Cir. 1966).
The prohibition against cruel and unusual punishment contained in the Eighth Amendment is applicable to the State of Mississippi through the Due Process Clause of the Fourteenth Amendment. Robinson v. California, 370 U.S. 660, 82 S.Ct. 1417, 8 L.Ed.2d 758 (1962). It is established that the Eighth Amendment does not have a fixed and settled connotation, for the Supreme Court has declared that the "Amendment must draw its meaning from the evolving standards of decency that mark the progress of a maturing society." Trop v. Dulles, 356 U.S. 86, 101, 78 S.Ct. 590, 2 L.Ed.2d 630 (1958). We subscribe to what the Eighth Circuit has said:
"In summary, then, so far as the Supreme Court cases are concerned, we have a flat recognition that the limits of the Eighth Amendment's proscription are not easily or exactly defined, and we also have clear indications that the applicable standards are flexible, that disproportion, both among punishments and between punishment and crime, is a factor to be considered, and that broad and idealistic concepts of dignity, civilized standards, humanity, and decency are useful and usable." Jackson v. Bishop, 404 F.2d 571, 579 (8 Cir. 1968).
The prohibition of the Eighth Amendment is not limited to specific acts directed at selected individuals but is equally applicable to general conditions of confinement that may prevail at a prison. While confinement, even at hard labor and without compensation, is not necessarily cruel and unusual punishment, it may be so when the conditions and practices become "so bad as to be shocking to the conscience of reasonably civilized people even though a particular inmate may never personally be subject to any disciplinary action." Holt v. Sarver, 309 F.Supp. 362, 373 (E.D.Ark.1970), aff'd. 442 F.2d 304 (8 Cir. 1971); Landman v. Royster, 333 F. Supp. 621 (E.D.Va.1971).
894 *894 We hold that confinement of inmates at Parchman in barracks unfit for human habitation and in conditions that threaten their physical health and safety, by reason of gross deficiencies in plant and equipment and lack of adequate medical staff and facilities, is impermissible. Not only are the inmates thus deprived of their constitutionally protected right to adequate provision for their physical health and well-being, they are denied proper care, treatment and feeding (Miss.Code § 7930), wholesome food prepared under sanitary conditions (§ 7942) and efficient hospital and medical services (§ 7959) required by state law. The deprivation of basic human needs for housing, food and medical care is not merely unnecessarily cruel and unusual, but is calculated to retard, if not prevent, the process of a prisoner's rehabilitation.
It is the obligation of penitentiary officials to insure that inmates are not subjected to any punishment beyond that which is necessary for the orderly administration of the prison. Sinclair v. Henderson, 435 F.2d 125 (5 Cir. 1970). The defendants have subjected the inmate population at Parchman to cruel and unusual punishment by failing to provide adequate protection against physical assaults, abuses, indignities and cruelties of other inmates, by placing excessive numbers of inmates in barracks without adequate classification or supervision, and by assigning custodial responsibility to incompetent and untrained inmates. When the trusty system is used to place in the hands of inmates weapons or other form of control over the inmate population, and prison officials either cannot or fail to prevent the arbitrary infliction by the trusties of physical and economic injury upon their fellow inmates, the system must be condemned as unconstitutional. Indeed, the Mississippi statutes do not contemplate for guard duty the use of trusties who are corrupt, venal, incompetent, or dangerous. As maintained at Parchman, the trusty system, which allows inmates to exercise unchecked authority over other inmates, is patently impermissible.
Prison officials have the duty to maintain discipline among inmates and to that end may impose reasonable sanctions as punishment. In determining what types of punishment are reasonable, courts "must look to the

extant law and the general practices of our society. Otherwise, we [judges] run the risk of imposing our own personal moral code on a perhaps unready society." Novak v. Beto, 453 F.2d 661, 665 (5 Cir. 1971). The maintenance of order and discipline among criminals is often a problem for the most dedicated and conscientious prison administrator. It is a well-established principle that solitary confinement, as a mode of punishment, is not per se cruel and unusual, nor is it made so because the inmate, while so confined, may be deprived of privileges and given limited bedding and minimal food if under watchful supervision of competent personnel. Solitary confinement may, however, result in cruel and unusual punishment if carried out in a manner that is "foul", "inhuman" and "violative of [the] basic concepts of [human] decency." Trop v. Dulles, supra; Wright v. McMann, 387 F.2d 519 (2 Cir. 1967). Thus, in cases where solitary confinement practices have been held to constitute cruel and unusual punishment, inmates have been deprived of the basic elements of hygiene, or have been placed on starvation diet for indeterminate periods of time, or have been subjected to other brutal or dehumanizing practices in the course of their solitary confinement. The court holds that Parchman inmates have been subjected to constitutionally forbidden cruel and unusual punishment when they have been confined in MSU's dark hole cells naked, without any hygienic materials, bedding, adequate food or heat, and also without opportunity for cleaning either themselves or the cell, and for longer than 24 hours continuously. When the dark hole is used at the penitentiary, it must be under conditions that comport with human decency. This standard is 895 mandated *895 by both the Eighth Amendment and Mississippi's statutes which express strong humanitarian concern in the discipline of prisoners. Also, whether inflicted at MSU, at the camps, or elsewhere on the penitentiary premises, corporal punishment, especially when of such severity as to offend contemporary concepts of decency and human dignity, is violative of the Eighth Amendment. Indeed, state law, § 7968, expressly discourages corporal punishment of any kind, and forbids it except upon express written order of the superintendent. A fair reading of § 7968 makes it illegal for any prison official other than the superintendent to order corporal punishment; and where corporal punishment is expressly authorized by the superintendent, it is limited to the whip or lash, which is not to be used for more than 7 licks. While the evidence indicates, commendably, that the lash has not been used at Parchman since 1965, other forms of corporal punishment banned by state law and offensive to present-day concepts of decency and human dignity have been practiced, and to an unconstitutional degree. Plaintiffs contend that this court should enjoin the use of the lash and the dark hole under all circumstances. This court is, however, without power to restrain, on the ground of unconstitutionality, the enforcement of punishment expressly authorized by the state statute without convening a three-judge court as required by 28 U.S.C. § 2281. Accordingly, no present ruling thereon may be made.
It is established law that the Due Process Clause of the Fourteenth Amendment requires that inmates be afforded certain procedural rights before disciplinary sanctions may be imposed by prison officials. Landman v. Royster, supra; Sostre v. McGinnis, 442 F.2d 178 (2 Cir. 1971); Nolan v. Scafati, 430 F.2d 548 (1 Cir. 1970); Sinclair v. Henderson, 331 F.Supp. 1123 (E.D.La.1971). While federal courts have not been in agreement as to the exact procedure constitutionally mandated in the area, at the least minimal standards of procedural due process must be observed. "While all the procedural safeguards provided citizens charged with a crime obviously cannot and need not be provided to prison inmates charged with violation of a prison disciplinary rule, some assurances of elemental fairness are essential when substantial individual interests are at stake." Nolan v. Scafati, supra, 430 F.2d at 550. This court has no hesitation in holding that at least three procedural safeguards are constitutionally required by the Due Process Clause, viz:
(a) There must be rules and regulations officially promulgated by prison authorities and communicated to the prisoner apprising him of what conduct can subject him to serious discipline, what penalty he can expect and the procedure by which such determination will be made.
(b) The prisoner must be given official written notice of the specific charge against him prior to hearing.
(c) The inmate must be afforded an opportunity to be heard in a hearing to be conducted by an impartial tribunal.
We hold that the punishment procedures at Parchman fail to comport with these minimal requirements of due process, and the defendants shall be required to implement their procedure by incorporating such requirements. Until the implementation of such procedure and an opportunity afforded to judge the adequacy of the new

procedure, the court declines to rule on plaintiffs' contentions that Fourteenth Amendment requirements also include the availability of counsel or counsel-substitute, the opportunity to cross-examine accusers, the opportunity to present additional evidence, and a formal review procedure.
Although the exact scope of a prisoner's right to uncensored correspondence is yet to be defined, courts have 896 discarded the traditional notion which endorsed absolute restrictions on an inmate's use of the mails as *896
necessarily incident to incarceration. Recent decisions have reflected an especial vigilance to protect an inmate's right of access to the courts, public officials, and his counsel of record in order to challenge the legality of his conviction or the condition of his imprisonment. Sostre v. McGinnis, supra; Conklin v. Hancock, 334 F.Supp. 1119 (D.N.H.1971); Marsh v. Moore, 325 F.Supp. 392 (D. Mass.1971); Meola v. Fitzpatrick, 322 F.Supp. 878 (D.Mass.1971); Palmigiano v. Travisono, 317 F.Supp. 776 (D.R.I. 1970); Carothers v. Follette, 314 F. Supp. 1014 (S.D.N.Y.1970). Accordingly, "any prison regulation or practice which restricts the [First Amendment] right of free expression that a prisoner would have enjoyed if he had not been imprisoned must be related both reasonably, and necessarily, to the advancement of some justifiable purpose of imprisonment." (Citations omitted). Carothers v. Follette, supra at 1024.
Despite the recent adoption of somewhat generous rules abolishing censorship and governing prisoner correspondence effective May 5, 1972, we are convinced from the evidence that the arbitrary censorship and suppression of inmate mail unrelated to legitimate needs for security, rehabilitation, or orderly prison administration has long been the accepted practice at Parchman. Total censorship may not be imposed at the whim of prison officials. The present correspondence rules at Parchman apparently do not contemplate a need sufficiently compelling to justify opening outgoing inmate mail addressed to "officers of the federal, state, and local courts, all federal officials, all state officials, all officials of the Mississippi State Penitentiary administrative staff and letters to the Probation and Parole Board." Such correspondence is classified as privileged and will not be opened. Applying the same reasoning, we hold that there is no justifiable reason for not considering an inmate's outgoing correspondence to his attorney of record to be likewise privileged. Other classes of outgoing mail, however, may be screened to detect escape attempts or other illegal activity. There may be a justifiable need to inspect incoming mail from any source (including correspondence to inmates ostensibly from courts, public officials, agencies and his counsel) in order to discover drugs, weapons, or other contraband; in addition, incoming mail may be read to frustrate escape plans or other illegal activity.
We hold that an inmate's right to send and receive correspondence to courts, public officials and his attorney of record may be impeded only to the limited extent of inspecting incoming mail from these sources as herein prescribed. No justifiable reason exists to curtail inmates' First and Sixth Amendment rights to send and receive mail of this important character. The right to send and receive other classes of mail, however, may be limited or restricted as a legitimate disciplinary measure.
Innumerable inmate petitions complaining of conditions and practices at Parchman have been filed in this cause since its commencement. The court reserves for future determination all issues which are not controlled and disposed of by the foregoing findings of fact and conclusions of law.
WITHHOLDING ENTRY OF ORDER ON SCOPE OF RELIEF PENDING CONFERENCE
The court has the duty of fashioning a decree that will require defendants to eliminate the conditions and practices at Parchman hereinabove found to be violative of the United States Constitution and, to some extent, contrary to Mississippi law. Our task is to safeguard the rights of inmates without otherwise intruding upon the responsibility of defendants to manage and operate the penitentiary. It appears that certain relief may be granted without delay. Such relief includes: (a) Prohibiting the arbitrary and unjustified censorship and suppression of 897 mail; (b) requiring the adoption and use of administrative procedures to administer discipline that *897 comports with due process; (c) prohibiting corporal punishment, where it is of such severity to offend the modern concepts of human dignity; and (d) requiring that confinement at MSU cells be carried out under conditions agreeable to state law and without the imposition of cruel and unusual punishment. In other areas of relief the court realizes that both substantial funds and reasonable time will be necessary to accomplish the significant improvement

program needed to eliminate unconstitutional conditions. This is especially true as to housing and other basic physical facilities. The defendants claim that various improvements at Parchman have been made in recent months and that even more progress is now possible with the availability of the LEAA grant of $1 million. Nevertheless, the state must move to bring all aspects of the penitentiary operation in conformity with constitutional principles if it is to continue the use of Parchman as a place of incarceration of criminals, and this court is obliged to make certain that such steps are not only begun with reasonable promptitude but are fully carried out. Under the circumstances, the court believes that the ends of justice would be best served by reserving the entry of its judgment until conference is had with counsel for inmate plaintiffs, the United States as plaintiff-intervenor, and defendant state officials. Said conference is hereby scheduled for October 16, 1972, at 9 o'clock, a. m., in the United States Courthouse at Greenville, Mississippi, and it shall be open to the public with opportunity for interested state and federal officials to express their views as to the implementation of plans with specific time-tables to satisfy legal standards as hereinabove set forth. Counsel are directed to make written submissions to the court touching the matters listed in the agenda, and serve copy thereof upon all other counsel not later than October 10, 1972, concurrently with filing the original with the clerk of this court. Counsel shall be prepared at the conference to discuss with the court the following agenda:
(a) The terms of a proposed injunctive order to:
(1) Prohibit the arbitrary and unjustified censorship and suppression of mail.
(2) Require the adoption and use of administrative procedures to administer discipline comporting with due process.
(3) Prohibit corporal punishment of inmates, where it is of such severity as to offend the modern concepts of human dignity.
(4) Require that confinement at MSU cells be carried out under conditions agreeable to state law and without the imposition of cruel and unusual punishment as prohibited by the Eighth Amendment.
The foregoing relief should become effective within ten days from the date of the judgment to be entered by the court.
(b) The elimination of racial segregation and discrimination at Parchman, as speedily as possible. The court shall be advised as to those camps and facilities which are presently desegregated, problems which may exist for desegregating the remaining units, and obstacles which may prevent the elimination of all other racially discriminatory practices in the operation of the penitentiary.
(c) The securing of adequate medical staff, procedures, equipment and supplies, in accordance with standards of adequacy determined by the Mississippi Commission on Hospital Care as to the Parchman hospital, and by the American Correctional Association as to the medical, nursing and dental staff, procedures, equipment and supplies.
(d) A system or method of classifying and assigning inmates to camps or barracks so as to avoid housing inmates convicted of aggravated violent crimes with those who are first offenders or convicted of non-violent crimes.
(e) Adequate protection to inmates while confined in the barracks, including the assignment of additional 898 employees to the cages and means for controlling the *898 acquisition and possession of weapons by inmates.
(f) A plan for upgrading and improving the physical facilities at Parchman, which shall consist of two parts:
(1) Matters relating to interim, emergency problems such as upgrading to minimally adequate conditions buildings, water, electrical and sewage facilities in line with the recommendations of the consultant committee; and
(2) Matters relating to long-range programs to renovate and reconstruct the physical plant where necessary, including the centralization of prison facilities as directed by the state legislature.

(g) A plan for the rapid elimination of the trusty system as presently existing at Parchman and conversion to a system of civilian guards, including provision in the interim for using competent trusties strictly in accordance with adequate training and supervision. To the extent civilian guards or other civilian employees are required, the plan should set forth the means of hiring, training and financing such personnel.
(h) Allowance to counsel for inmate plaintiffs of a reasonable attorney's fee and reimbursement of expenses for successful prosecution of the action.
(i) Other matters appropriate for inclusion in the judgment to be entered by the court.
(j) Provision for the court's continuing jurisdiction over the case for approval of all plans and periodic reports on the steps taken in implementation thereof.
JUDGMENT
In conformity with Findings of Fact and Conclusions of Law heretofore made and after conferring with counsel of record and interested state and federal officials respecting appropriate relief grantable by the court; it is
Ordered
That the defendants, Mississippi State Penitentiary Board, the Superintendent of the Penitentiary, and the Governor of the State, their successors, agents, servants, employees and all persons acting in concert with them, be and they are hereby commanded and enjoined from performing, causing to be performed or permitting to continue acts, practices and conditions found to exist in connection with the maintenance, operation and administration of the Mississippi State Penitentiary at Parchman, Mississippi, in violation of the First, Sixth, Eighth and Fourteenth Amendments to the United States Constitution. More specifically, this injunctive order is in two parts, to-wit: (1) immediate and intermediate relief; and (2) long-range relief.
IMMEDIATE AND INTERMEDIATE RELIEF
CENSORSHIP OF INMATE MAIL
(1) Said defendants, and all persons in privity with them, shall not open or otherwise interfere with any outgoing mail of inmates addressed to:
(a) Officials of the federal, state and local courts;
(b) All federal officials including the President of the United States, any senator or congressman, and officials of any United States agency or department; all state officials including the Governor, members of the state Senate and House of Representatives and officials of any state agency or department;
(c) All members and employees of the State Probation and Parole Board;
(d) The attorney of record of an inmate in any pending action, civil or criminal, in any duly constituted local, state or federal court.
(2) Said defendants, and all persons in privity with them, are prohibited from interfering with outgoing mail of inmates to any other addressee except to open and inspect, in the presence of the inmate, any letter where 899 prison officials *899 have reasonable grounds to suspect such communication is an attempt to formulate, devise or otherwise effectuate a plan to escape from the penitentiary, or to violate the laws of the State of Mississippi or of the United States.
(3) The defendants, and all persons in privity with them, are prohibited from interfering with incoming mail from any source except to open and inspect such mail, in the presence of the inmate addressee, whenever the prison

officials have reasonable grounds to suspect escape attempts or to discover drugs, weapons or other material expressly prohibited by state or federal laws or by prison rules.
(4) There shall be no restriction placed on the number of letters that an inmate may write to the addressees listed in (1) above. Reasonable limitations may be imposed upon all other classes of mail as an approriate disciplinary measure pursuant to published prison rules.
(5) During the period of time that this court retains jurisdiction of the cause, any change in censorship rules at the penitentiary not in conformity with the foregoing shall be submitted in writing, filed with the clerk of this court and copies served on all counsel of record at least 10 days before the effective date of any such change. No changes shall be implemented until they receive the specific approval of this court.
(6) This order relating to mail censorship shall displace and supersede this court's interim order directing that certain inmate mail addressed to the Lawyers Committee for Civil Rights Under Law at Jackson, Mississippi, be processed through the United States Magistrate at Greenville.
DISCIPLINE OF INMATES
(7) Until approval of new penitentiary rules as provided in paragraph (8) hereof, defendants, and all persons in privity with them, are enjoined from imposing any form of disciplinary punishment upon inmates except under the following terms and conditions:
(a) An inmate may not be punished except for conduct which violates an existing penitentiary rule or regulation.
(b) Any inmate accused of infraction of an existing penitentiary rule or regulation shall be given written notice of the charge against him, which notice shall identify the prison rule alleged to have been violated and be served upon the accused at least 24 hours prior to the hearing.
(c) The accused must be afforded an opportunity to appear before a tribunal to respond to the charge. In no event shall the person bringing the charge serve on the disciplinary tribunal which conducts the hearing.
(8) It is further ordered that defendants not later than November 20, 1972, shall compile comprehensive rules and regulations governing inmate conduct which are sufficiently clear and definite to apprise inmates of:
(a) Conduct which constitutes a breach of discipline;
(b) The penalties and sanctions which may be imposed for such conduct;
(c) A complete statement of the procedure by which such determination shall be made.
Such rules and regulations shall be filed with the clerk of this court and copies concurrently served upon counsel of record for the plaintiffs and plaintiff-intervenor. Upon their approval by the court, defendants shall forthwith supply to each inmate at the penitentiary a printed copy of said rules and regulations, post a printed copy of same in a conspicuous place at each camp and institute a procedure for full explanation of said rules and regulations to inmates who may be illiterate or not capable of understanding the printed copy.
CORPORAL PUNISHMENT
(9) Until further order of this court, the defendants, and all persons in privity with them, are enjoined and 900 prohibited *900 from imposing any form of corporal punishment of such severity as to offend present-day
concepts of decency and human dignity. Specifically, defendants are enjoined from punishing inmates by methods previously used at the penitentiary and found by this court to be excessive, including but not limited to:
(a) Beating;

(b) Shooting;
(c) Administering milk of magnesia;
(d) Stripping inmates of their clothes;
(e) Turning fans on inmates while they are naked and wet;
(f) Depriving inmates of mattresses, hygienic materials and/or adequate food;
(g) Handcuffing or otherwise binding inmates to fences, bars, or other fixtures;
(h) Using a cattle prod to keep inmates standing or moving at Maximum Security Unit (MSU) or elsewhere;
(i) Shooting at or around inmates to keep them standing or moving while at MSU;
(j) Forcing inmates to stand, sit or lie on crates, stumps or otherwise maintain awkward positions for prolonged periods.
Defendants shall have authority to prescribe specific punishment and means for administering such punishment consistent with the institutional rules and regulations for inmate discipline adopted as provided in paragraph (8) above. In addition, prison officials shall have authority to take immediate necessary action without excessive force to prevent acts of violence or destruction or escape attempts or to restore order. Where such necessary action is taken, there shall be made a complete report, stating the names of all inmates involved in the occurrence, the names of officials and other persons present at the time of the occurrence, with a detailed statement of the events made by the officer present and in charge. Such report shall be based upon the personal knowledge of witnesses. Until further notice, copies of all such reports of necessary action shall be sent to the court with copies to attorneys for plaintiffs and plaintiff-intervenor within 3 days after the occurrence of such incident.
DISCIPLINARY CONFINEMENT
10. Defendants, and persons in privity with them, are further enjoined from confining any inmate in disciplinary segregation or isolation at MSU or elsewhere, including "dark hole" cells, except under the following conditions:
(a) The inmates so confined shall receive the same daily ration of food which is provided to the general prison population, and in no event shall such inmates receive less than 2000 calories per day;
(b) The inmates shall be permitted to wear normal institutional clothing unless the prison physician orders otherwise for a particular inmate;
(c) The inmates so confined shall be supplied with soap, towels, toothbrush and shaving utensils;
(d) All disciplinary cells shall be equipped with adequate bedding, including mattresses, clean sheets and blankets. Adequate bedding may be withheld only if an inmate misuses or destroys such supplies;
(e) All disciplinary cells shall be adequately heated, ventilated and maintained in a sanitary condition at all times;
(f) No inmate shall be confined in any isolation cell referred to as a dark hole for a period in excess of 24 hours.

ELIMINATION OF RACIAL DISCRIMINATION AND SEGREGATION
11. Except as hereinafter provided for the desegregation of inmate housing facilities, said defendants, and all 901 persons in privity with them, are hereby *901 enjoined from engaging, or continuing to engage, in racially
discriminatory practices and procedures of any nature in the operation or administration of the penitentiary, including racial discrimination in recruiting, selecting and hiring of staff, guards and other civilian personnel, discrimination in assigning inmates to work details, discrimination in providing vocational educational training, or in any other practice or procedure which effectuates disparity in treatment of prisoners because of race. Recognizing that immediate desegregation of all inmate housing facilities cannot be feasibly accomplished, the court directs that defendants, not later than December 20, 1972, shall submit to the court a comprehensive plan for the orderly desegregation of all inmate facilities, including all barracks, camps and other areas of habitation. The plan to be submitted by defendants shall, consistent with prison security, provide for the total elimination of all segregated inmate facilities within 4 months from the date of the submission of said plan, but in no event later than April 20, 1973. No delay in the full implementation of the desegregation plan will be entertained by the court in the absence of imperative reasons. The aforesaid plan shall be filed with the clerk of this court not later than December 20, 1972, and copies thereof concurrently served upon counsel of record for plaintiffs and plaintiffintervenor.
MEDICAL FACILITIES
12. The defendants are commanded and enjoined to meet minimal health care requirements for inmates and civilian personnel at the penitentiary. Specifically, to that end, defendants shall employ, and continue to employ at all times until the further order of this court, such additional medical personnel as necessary so that the prison's medical staff shall consist of at least 3 full-time physicians, 2 full-time dentists, 2 full-time trained physican assistants, 6 full-time nurses certified as RN or LPN, 1 medical records librarian, and 2 medical clerical personnel. No inmate shall be utilized to fill a position in the above described civilian medical staff; however, nothing herein shall be construed to discourage the utilization of trained and competent inmate personnel to supplement the minimal civilian medical staff necessary for adequate health care. Provided, however, that no inmate personnel shall have access to drugs or medical records of other inmates. Defendants shall also provide that the medical facility at the penitentiary have available on a regular basis the consultant services of a qualified radiologist and pharmacist. Defendants shall use their best efforts to comply with the general standards of the American Correctional Association relating to medical services for prisoners.
Defendants are further directed to take all steps necessary to have the prison hospital and equipment brought into compliance with state licensing requirements for a hospital and infirmary, including adequate housing and treatment for tubercular patients and the chronically ill needing convalescent care.
No inmate shall be required to waive any right or privilege as a prerequisite to seeking medical attention, nor shall he be punished unless the Superintendent makes an express finding that a particular inmate seeks medical care unnecessarily and for malingering purposes.
CLASSIFICATION AND ASSIGNMENT OF INMATES
13. Defendants also shall, not later than December 20, 1972, file with the court a proposed program for the classification and assignment of all inmates taking into account special circumstances, viz:
(a) The necessity for the early desegregation of the penitentiary;
(b) The necessity of alterations and additions to existing facilities to provide adequate inmate protection;
(c) The interest of the penitentiary officials in implementing additional honor camps.
902

*902 Said program of classification and assignment shall be racially nondiscriminatory, shall contemplate modern methods conforming generally with classification standards of the American Correctional Association, and shall provide for its full effectuation within 4 months from the date of the submission, but in no event later than April 20, 1973; provided, however, that the court may grant reasonable extensions of time for good cause shown because of special exigencies. The court bears in mind that defendants have $40,000 of LEAA funds presently available for study of such a program and the United States Bureau of Prisons has agreed to provide technical assistance. Because of the basic importance of inmate classification and assignment and the limited housing facilities presently available, the penitentiary superintendent shall be under a duty to consult with the sheriffs and circuit judges of the State as to the necessity for sending pre-trial detainees to the penitentiary and avoid such overcrowding of MSU as may frustrate his firm duty to comply with the order of this court to properly classify and assign convicted felons.
INMATE PROTECTION
14. Defendants, and all persons in privity with them, are hereby enjoined and commanded to increase the protection of inmates from the assaults of fellow inmates. Specifically, they shall forthwith place into effect the following procedures at each of the camps and other areas of inmate habitation:
(a) Reduce, by appropriate temporary means, the overcrowding of inmates in a single room or barracks. This can be accomplished by placing wire or other dividers in such manner as the prison officials may determine;
(b) Institute methods to prevent and detect the acquisition, retention and use of weapons by inmates;
(c) Assign three civilian guards to each barracks during night hours and relieve cage bosses, hallboys and floorwalkers of all custodial responsibilities, including searches and shakedowns of fellow inmates;
(d) Assign civilian guards to do field duty and relieve armed trusties of that responsibility;
(e) Prohibit strictly all gambling and fights between inmates at all camps and in other prison areas, and insist upon punishment of offenders for breach of penitentiary rules relating thereto.
(f) Report promptly to the County Prosecuting Attorney of Sunflower County all cases of inmate assault or other violence;
(g) Make reasonable efforts to isolate inmates who have a record of assault and violence on other inmates.
15. The above requirements are regarded as interim measures within the capability of defendants to carry out promptly but in no event later than December 20, 1972. The court is aware that greater improvement in the degree of protection accorded to inmates may well depend upon modification of existing structures or the building of new and additional facilities and the fulfullment of a proper classification and assignment system. Defendants shall, however, submit not later than December 20, 1972, a report to the court outlining all interim procedures taken to increase the protection of inmates from assaults of fellow inmates.
ELIMINATION OF SHOOTER TRUSTIES AND OTHER TRUSTIES PERFORMING CUSTODIAL DUTIES
16. Defendants are hereby ordered and enjoined to immediately commence the phasing out of the existing trusty system at the penitentiary by taking the following steps:
(a) Eliminate all trusties at MSU and replace them with civilian guards;

(b) Replace all armed shooters in the fields with civilian guards.
903 *903 The foregoing constitute the highest priority items in the elimination of the trusty system. Defendants shall exert every effort to obtain competent civilian personnel, making special appeal to the black community for qualified persons. Lack of funds shall not constitute valid grounds for continuing delay. In the event prison officials encounter difficulty in hiring the additional employees required by the terms of this paragraph because of restrictions on salary or residence as set by state law, they shall immediately apply to this court for authority to exceed such limitations on a temporary basis. The foregoing steps are to be accomplished not later than December 20, 1972. On that date, the defendants shall submit a statement of compliance with the provisions of this paragraph and also propose a plan for the total and complete elimination of the use of trusties for armed guard duty and for other custodial responsibility within six months thereafter, or not later than June 20, 1973. The plan shall include the type and nature of training program recommended for the new civilian guard force and proposals for recruiting personnel upon racially nondiscriminatory basis. In the interim period before total elimination of trusty custodial personnel, defendants shall insure, by a careful review of inmate personnel records and psychological tests, that inmates placed in a position of supervision or custody of other inmates are mentally and emotionally fit to perform their assigned tasks.
PHYSICAL FACILITIES

17. As heretofore ordered, the defendants are hereby enjoined to make all improvements and expenditures which are specified in the Interim Committee's Report on Mississippi State Penitentiary (subject to recommendations of State pollution authority). These improvements, which include the installation of facilities, renovation of living quarters, employment of additional personnel, and purchase of other equipment and supplies, shall be completed on or before December 20, 1972.
18. It is further ordered that the defendants shall file by December 20, 1972, a report with the clerk of this court and simultaneously copies thereof with counsel for the plaintiffs and plaintiff-intervenor which details all facilities and equipment purchased, installed, and/or improved, the location of such installation or improvement, and the date of the installation or improvement.
LONG-RANGE RELIEF

19. The defendants are further ordered and enjoined to prepare and submit to the court not later than December 20, 1972, a comprehensive plan for the elimination of all unconstitutional conditions in the inmate housing, inadequate inmate housing, inadequate water, sewer and utilities, inadequate firefighting equipment, inadequate hospital and other structures condemned by this court in its Findings of Fact and Conclusions of Law. The court notes with approval the appointment by the Administrator of LEAA of a three-man committee of disinterested penologists to offer technical advice and planning, and urges defendants to collaborate with them at an early date as well as to seek the participation and support of the leadership of the State Senate and House of Representatives. Without undertaking to dictate or limit the nature or content of long-range plans, the court suggests that areas of study should include at least the following:

(a) The feasibility of reducing the inmate population at Parchman by alternatives to incarceration, such as:

1. The housing of certain classes of inmates (e. g., first offenders, women prisoners, and inmates convicted of nonviolent crimes) at locations other than Parchman, including the possibility of arrangements with other state or federal penitentiaries, or instituting community-based facilities within Mississippi to house these prisoners.

904

*904 2. Instituting a system of half-way houses to house inmates who have been convicted of

minor offenses or certain types of first offenders.

3. Increased utilization of work-release, parole, and probation programs.

(b) Programs for maximum utilization of penitentiary assets, including:
1. Advisability of continuing the present farming operations, including the dairy, slaughterhouse and cannery, and the number of inmates needed to continue all aspects of the farming operation.
2. Advisability of continuing to farm all of the acreage at Parchman and Lambert, including consideration of the possible alternatives of rental, sale, or other utilization existing acreage.
3. Advisability of expanding existing penitentiary industries to be coordinated with present and projected vocational training programs.
(c) Construction of new housing units which should include:
1. Plans for the type of housing units which will be constructed including the size, location and number of cells, dormitories or barracks and/or any other alternative. Requirements which will not only eliminate present overcrowding but allow for future expansion of prisoner population should be considered.
2. Plans for the location of any new housing units within the Parchman complex. These plans should detail the recommended distance between the units, the location and deployment of adequate security forces to prevent inmate escapes and assaults, access to vocational training, educational, and medical facilities, and the utilization of public roads and highways within the complex.
3. The estimated cost of alternative housing units, including the feasibility of utilizing inmate labor to construct these units and inmate production of the necessary construction materials.
(d) The construction of adequate facilities for the disposal of sewage which will comply with all federal and state requirements, providing an adequate supply of safe drinking water, and control of all rodents and insects.
(e) Plans for the delivery of adequate medical and health care which will include:
1. Advisability of constructing a complete medical center including a hospital within the Parchman complex considering the alternatives which include housing certain types of prisoners within other state institutions (e. g., mental hospitals, sanitariums, convalescent homes) or construction of wards in close proximity to such institutions or other available medical facilities.
2. Agreements with private hospitals or clinics to provide specialized and other services to inmates on a contract basis.
GENERAL PROVISIONS
20. In case defendants shall have any doubt or question as to the meaning, scope or application of any term of this order, the inquiry shall be submitted to the court in writing in a communication prepared by the State Attorney General or a member of his staff, and the responsive communication from the court or the court's personnel will 905 be in writing. Copies of all such communications *905 shall be placed in the jacket file of this cause and concurrently served upon counsel for plaintiff and plaintiff-intervenor.
21. The defendants are charged with the duty of fully explaining the terms of this order to all their agents, servants, representatives and employees, including staff, guards and other personnel, to assure their understanding of the court's requirements and strict compliance therewith.
22. The court reserves the power to issue further and supplemental orders in aid of the provisions of this injunction or any of its terms, and also reserves for determination all issues not herein expressly dealt with, such as the question of reasonable attorneys' fees and costs allowable to the plaintiffs.

In lieu of service by the United States Marshal, the clerk of this court is hereby directed to send by United States mail a certified copy of this order to each of the named defendants, to-wit: Members of the Mississippi State Penitentiary Board, John Collier, Superintendent of Mississippi State Penitentiary, and William L. Waller, Governor of the State of Mississippi, and their counsel of record.
[1] At an early date the court made a Rule 23 determination that the action is maintainable as a class action. There are in fact two classes of plaintiffs. One class consists of all persons incarcerated at Parchman claiming deprivation of a broad range of rights. The second class consists of all black inmates who, in addition to claiming the same deprivations as the first class, claim racial discrimination and segregation. Both classes, however, will be considered as one unless the context requires otherwise.
[2] "Whenever an action has been commenced in any court of the United States seeking relief from the denial of equal protection of the laws under the fourteenth amendment to the Constitution on account of race, color, religion, or national origin, the Attorney General for or in the name of the United States may intervene in such action upon timely application if the Attorney General certifies that the case is of general public importance. In such action the United States shall be entitled to the same relief as if it had instituted the action."
[3] This committee was composed of Paltiel J. Bach, Architect, National Clearinghouse for Criminal Justice Planning and Architecture, University of Illinois; Winston E. Moore, Executive Director, Cook County Department of Corrections, Chicago; John H. Moran, Director of Division of Adult Corrections of the State of Delaware; Kenneth L. Poole, National Clearinghouse for Criminal Justice Planning and Architecture, Urban, Illinois; Robert Sarver, former Commissioner of Corrections in West Virginia and Little Rock, Arkansas; and Harry H. Woodward, Jr., President, World Correctional Service Center for Community and Social Concerns, Inc., Chicago.
[4] General Renovation of Living Quarters:

a. Sanitation b. Sewage Treatment c. Illumination d. Electrical e. General Building Repairs
Rodent and Pest Control: General Inmate Welfare:
a. Personal Hygiene Needs
b. Recreation Equipment c. Medical Services Personnel: a. Inmate Safety & Security
Personnel b. Construction & Maintenance
Personnel c. Food Service Personnel d. Insurance Premiums 0907
Personnel Equipment:
a. Inmate Security Equipment Planning:
a. Long Range Planning
Total Proposed Budget

$108,260 378,000 76,300 51,000 41,150
10,000
27,953 15,000
5,000
196,440
22,000 22,000
2,232
19,665
25,000 __________ $1,000,000

Save trees - read court opinions online on Google Scholar.

 </s> Case: 4:71-cv-00006-DAS Doc #: 1 Filed: 02/08/71 1 of 12 PageID #: 3647

IN THE UNITED STATES DISTRICT COURT FOR THE

NORTHERN DISTRICT OF MISSISSIPPI
GREENVILLE DIVISION
-----------------------------------------x
NAZARETH GATES, WILLIE LEE HOLMS, HAL ZACHARY, and MATHEW WINTERS, individually and on behalf of all others similarly situated,

o
FEO 3- 1971

Plaintiffs

-vs-
TH01~S D. COOK, SUPERINTENDENT of the MISSISSIPPI STATE PENITENTIARY, also known as PARCHMAN PRISON, HISSISSIPPI PENITENTIARY BOARD, J.D. DEMOVILLE, ST. TURNER AR&~T, SEBE DALE, JR. ROBERT D. ROBINSON and H. L. ROBERTS, members of the MISSISSIPPI STATE PENITENTIARY BOARD, and JOHN BELL WILLI&~S, GOVERNOR of the STATE OF MISSISSIPPI, and their Suc~essors,
----------------------------D--e-f-e-n-d-a-n-t-s----X

« t' CIVIL ACTION No • G'C ? I {. -

COMPLAINT

-. 1. Jurisdiction of this Court is invoked pursuant

to 2 8 U. S • C•A. § § 1331, -1343 and 220.1.

This action arises

under the Eighth and Thirteenth Amendments and the due process

and equal protection clauses of the Fourteenth Amendment of- the

United States Constitution and is a suit in equity authorized by

42 U.S.C.A. § 1981, § 1983, § 1985, and § 1994 for a preliminary

and permanent injunction to redress the deprivations, under

color of state statute, ordinance, regulation, custom or usage,

of rights, privileges and immunities secured under the aforemen-

tioned Amendments to the Constitution and statutes of the United

States. This is also a proceeding for a declaratory judgment/as

to plaintiffs' rights to be free from such deprivation by the

defendants acting under color of state law.

-1-

Case: 4:71-cv-00006-DAS Doc #: 1 Filed: 02/08/71 2 of 12 PageID #: 3648
t •
2. This is an action for a preliminary and permanent injunction and for a declaratory judgment (1) in the First Cause of Action, to enjoin tile defendants from maintaining the Parchman Prison in its present condition which constitutes cruel and inhuman treatment of the members of the plaintiff class; and (2) as to the Second Cause of Action, to enjoin the defendants from depriving Negro members of this sub-class of their equal right to protection of the laws by virtue of the segregated facilities at the Prison, all in violation of the rights of the plaintiffs
as set forth in 1r" (1)" above.
AS AND FOR A FIRST CAUSE OF ACTION 3. The plaintiffs, Nazareth Gates, Willie Lee Holmes, Hal Zachary and Hathew Winters are all inmates of the Mississippi State Penitentiary System located at Parchman Prison, Parchman, Mississippi. Each plaintiff brings this action on his own behalf and on behalf of all inmates of Parchman Prison and on behalf of all persons who in the future will be committed to the custody of the defendants for incarceration at Parchman and subject to the jurisdiction of the defendants, pursuant to Rule 23 of the Federal Rules of Civil Procedure. The prerequisites of Rule 23 (a), (b) (1), and (b) (2) are satisfied. The members of the class (present inmates and future inmates of Parchman Prison) are so numerous as to make it impracticable to bring them all before this Court. There are questions of law and fact common to all members of the class. The claims of the plaintiffs are typical of the claims of the class, and the relief sought is common to all members of the class. Plaintiffs will fairly and adequately represent and protect the interests of the class. ,The prosecution of separate actions by individual members of the class would create a risk of: (al inconsistent or varying adjudications with res~ect
I
to individual members of the class which would establish incom-
I
patable standards of conduct for the party opposing the class, or
-2-

, .

Case: 4:71-cv-00006-DAS Doc #: 1 Filed: 02/08/71 3 of 12 PageID #: 3649

(b) adjudications with respect to individual members of the class which would as a practical matter be dispositive of the interests of the other members not parties to the adjudications or substantially impair or impede their ability to protect their interests. Defendants have acted and refused to act on grounds generally applicable to the class, thereby making appropriate final injunctive relief and corresponding declaratory relief with respect to the class as a whole.
4. Defendant Thomas D. Cook is the Superintendent of the Parchman Prison and as such is charged with the exclusive management and control of the prison system of the State of Mississippi pursuant to §§7930 of the Mississippi Code Annotated of 1942, Supp., 1964 (hereinafter, Miss. Code). He is sued in his individual and official capacity.
The Mississippi State Penitentiary Board is charged with the overall policy 'making authority for the prison system of the State of Mississippi pursuant to §§ 7951 Miss. Code.
Defendants J. Q. DeMovi11e, Thomas D. Cook, Turner Arant, Sebe Dale, Jr., Robert D. Robinson and H. L. Roberts, Sr. are all duly appointed members of the Penitentiary Board .and as such their duties and responsibilities are set forth in §§7951 Miss. Code. They are sued in their individual and official capacities.
Defendant John Bell Williams is the Governor and chief executive of the State of Mississippi and Ex-Officio Member of the Penitentiary Board of the State of Mississippi. Pursuant to _§7942 of the Miss. Code., defendant Williams as Governor of the State is responsible for appointing the members of the Penitentiary Board. He is sued in his individual and official capacity.
-3-'
\.

Case: 4:71-cv-00006-DAS Doc #: 1 Filed: 02/08/71 4 of 12 PageID #: 3650
I'

FACTS

s. Defendants are charged with the duty to the inmates,

that they "shall have humane treatment, and be given opportunity,

encouragement and training in the matter of reformation. tI (§§792l

Mississippi Code)

Defendant's have failed and refused to provide

humane treatment to the inmates of Parchman Prison thereby depri-

ving them of their rights, privileges and immunities set forth

in Paragraph (1) above as follows:

(a) Practically all of the camps wherein the inmates

are housed are in dire need of plastering and painting. They are

infested with maggots, roaches and other insects and rats.

(b) The sanitary conditions throughout the prison are

in deplorable condition. The water is dirty, rusty and often

contains insects.

(c) The beds and mattress are substandard and often

infested with insects.

(d) There are insufficient and unsanitary bathroom

facilities in the camps to supply the number of inmates housed

therein. Windows in the bathrooms are broken out.

(e) The sewage disposal system is inadequate and

dangerous to the health and safety of the inmates. In some cases,

human and food wastes are discharged directly into open ditches

adjacent or near to the camps with no chemical treatment. Such

areas become infested 'vith flys and mosqui toes in the summer

months, breeding germs and disease. In one case, such a condition

exists only several feet from the kitchen causing a direct or

potential health hazard to the food served to the inmates.

(f) Solid wastes are dumped in open pits breeding rats.

(g) Electric wires are exposed in areas of the camps

which create a fire hazard and cause electric Shock to the inmates

-4-

Case: 4:71-cv-00006-DAS Doc #: 1 Filed: 02/08/71 5 of 12 PageID #: 3651
(h) The camps have inadequate heating facilities to keep the inmates warm in the winter months.
(i) In the event of a fire at one of the camps, the only method of fighting it presently is to use one outmoded fire
and hand methods that are inadequate to protect the inmates from injury or-death. Several buildings have already burned down.
(j) The inmates are inadequately fed, especially for the arduous work they are required to perform.
(k) The hospital building is in a terrible state of disrepair. There is plaster falling off of the walls. The-heating is inadequate. The water system is inadequate.__ ~1any of the machines used-in the hospi taJ. are ou'tdated ahd'break down".
(1) Although there is authorization for a full time doctor, :..~he prison has not had one on any permanent basis. In sum, the medical and psychiatric facilities at the prison are inadequate to serve the most basic needs of the inmates.
(m) The cemetaries at the prison are in deplorable condition. In many instances there are no headstones or markers to indicate the deceased's name.
(n) The defendants have failed to provide the inmates with adequate clothing to protect them from the weather.
6. Most of the inmates are r~quired to work in the fields. Said work is without compensation. The inmates are often made to work until they drop from fatigue and or heat or sun stroke. They are required to work as long as 15 hours per day in the summer, sometimes seven days each week. The inmates are not provided adequate clothing to work in the fields and are forced to work in the cold and rain without proper clothing.
7. The barracks type of housing fails to protect inmates from ass aul ts. murder", rape arid homosexual activities
-5-

Case: 4:71-cv-00006-DAS Doc #: 1 Filed: 02/08/71 6 of 12 PageID #: 3652
, .

,-,? f'·

by other inmates. Despite their knowledge of these conditions, the defendants have failed and refused to protect the inmates from these acts of violence. The inmates are in constant fear for their safety and lives as a result of this disregard for their most basic welfare and protection.
(8) Defendants have employed a system of guarding the prisoners by other prisoners known as the "trusty" system {§§7695 Mississippi Code).This system has deprived the inmates of their rights as set forth in Paragraph (1) as follows:
(a) Many of the trusty inmates have been convicted of the worst crimes against man including rape and murder.
(b) These same trusties have almost complete life and death control over the rest of the inmates at the prison.
(c) r-1ost of these trusties are armed wi th rifles and shotguns.
(d) The trusties have inflicted the most barbaric punishment on other inmates including forceable rape, murder and torture, beating inmates with such weapons as rubber hoses, axe-handles, chaines and straps.' These sadistic beatings have taken place with the knowledge and consent of the defendants herein and onoccassion in front of the "free world" security guards.
(e) These same trusties are assigned the responsibility of keeping prison records with regard to prison good time and disciplinary information.
(f) These trusties have used their power to extort money from other prisoners and in concert with "free world" guards, share in the profits and force said inmates to commit crimes within the prison and subject them to unnatural sexual acts.
(g) Access to medical and dental facilities by the inmates is through these trusties who have little or no regard
-6-

Case: 4:71-cv-00006-DAS Doc #: 1 Filed: 02/08/71 7 of 12 PageID #: 3653

for the welfare of their fellow inmates.

(h) These trusties have almost complete authority over

the Maximum Security unit of the prison and treat the inmates in

Maximum Security in the most barbaric and sadistic way. The

aforementioned activity occurs with the knowledge and consent of

the defendent.

(9) There is a complete lack of security facilities at the

prison to protect prisoners from each other and from the trusties.

There is an insufficient number of guards to guard and protect

the inmates.

Those presently employed at the prison are not

properly trained in prison security and treat the inmates in a

cruel and inhuman manner, subjecting them to the same treatment

as described in paragraph (8).

{lO} Mail sent by inmates to their attorneys and family and

friends is censored and or opened by prison officials with the

knowledge and consent of the defendants.

(11) Inmates are not informed as to the standards of con-

duct that is required of them which may subject them to corporal

punishment and in most instances the subjective determination

of the trusties prevail and is taken at face value by the prison

officials. Inmates are subjected to solitary confinement in

Maximum Security Unit as punishment without due process and at

the hands of the trusties as set forth in Paragraph ( 8) above.

(12) There are virtually no recreational facilities for

the prisoners when they are not in the fields or locked in the

camps.

(13) Despite the obligation to give "opportunity, encourge-

ment and training in the matter of reformation (§ 7921 Miss. Code)

the defendants have not provided the inmates with basic adult

education program. Although there is a Vocational Training pro-

gram, only a small percentage of the inmates are afforded an

opportunity for the same. The defendants have failed and refused

to provide the inmates with a basic educational training program.

-7-

· I Case: 4:71-cv-00006-DAS Doc #: 1 Filed: 02/08/71 8 of 12 PageID #: 3654 d (14) The aforementioned actions of the defendants have deprived the members of the plaintiff class of rights, privileges and immunities secured to them by the Eighth and Thirteenth Amendments and the due process and equal protection clauses of the Fourteenth Amendment of the Constitution of the United States and the laws and statutes of the United states as set forth more fully in paragraph (1) above.
-8-

Case: 4:71-cv-00006-DAS Doc #: 1 Filed: 02/08/71 9 of 12 PageID #: 3655
SECOND CAUSE OF ACTION
(15) Plaintiffs repeat and reallege each and every alle-
t gation contained in paragraphs marked tt (1)","{3t, andt~4 herein on
behalf of all Negro and future Negro inmates of the Parchman State Penitentiary with the same force and effect as if more fully set forth herein.
(16) The plaintiffs herein are all members of the Negro race and as a sub-class seek to represent all Negro and future Negro inmates subject to the jurisdiction of the defendants, pursuant to Rule 23 of the Federal Rules of Civil Procedure. 'l'he prerequisites, of Rule 23 (a), (b) (1), and (b) (2) are satisfied. The members of the sub-class (present and future Negro inmates of Parchman Prison) are so numerous as to make it impracticable to bring them all before this court. There are questions of law and fact common to all members of the class. The claims of the plaintiffs are typical of the claims of the class and the relief sought is common to all members of the class. Plaintiffs will fairly and adequately represent and protect the interest of the class. The prosecution of separate actions by individual members of the class would create a risk of:
(a) inconsistent or varying adjudications with respect to individual members of the class which would establish incompatable standards of conduct for the party opposing the class, or
(b) adjudications with respect to individual members of the class which would as a practical matter be dispositive of the interests of the other members not parties to tne adjudications or substantially impair or impede their ability to protect their· interestR. Defendants have acted and refused to act on I grounds generally applicable to the class, thereby making appropriate final injunctive relief and corresponding declaratory
-9-

,

Case: 4:71-cv-00006-DAS Doc #: 1 Filed: 02/08/71 10 of 12 PageID #: 3656

relief with respect to the class as a whole. (17) Plaintiff Negro members of the sub-class have
been deprived of their rights and privileges as set forth in paragraph (1) above in that they have been classified, designated, segregated and discriminated against on the basis of their race as follows:
(a) All of the camps at the prison are segregated by race, save one.
(b) The dining facilities are segregated by race. (c) The prison hospital has a White and Negro ward for the inmate patients. (d) Negro inmates are required to do the most arduous tasks at the prison. white inmates are given easier tasks. (e) The food provided in the Negro camps is inferior to that which is provided in the white Gamps. (f) All of the conditions described in paragraph (5) above, exists in a more deplorable condition in the Negro camps then in the white camps. (g) Negro prisoners are subjected to barbaric treatment at the hands of "free t'1or1d" white guards. (18) Plaintiffs are informed and believe that the Negro population of the State is 36.8 per cent, the defendant, Governor John Bell Williams has failed and refused to appoint . any Negro to the Penitentiary Board; no members of the Negro race are employed as office and clerical workers, or as "free world" guards, and in any other positions at the Parchman Prison. (19) That the defendants willful classification and segregation and discrimination as set forth in paragraphs (17) and (18) was and is purposeful and systematic and based solely upon race in violation of the rights and privileges contained in the Due Process and Equa~ Protection clauses of the Fourteenth Amendment to the Constitution of the United States and the statutes and laws of the United States as set more fully forth in 11(1) above.
-10-

•

'

A

.. . .

Case: 4:71-cv-00006-DAS Doc #: 1 Filed: 02/08/71 11 of 12 PageID #: 3657

WHEREFORE, plaintiffs pray that the court enter judgment granting plaintiffs;
(1) As to the First Cause of Action: (a) a declaratory judgment that defendants' acts complained of herein violate plaintiffs' rights secured by the Eight and Thirteenth Amendments and due process and equal protection clauses of the Fourteenth Amendment of the Constitution of the United States and is cruel and inhuman treatment. (b) A preliminary and permanent injunction enjoining the defendants from maintaining or retaining custody of the plaintiffs under the conditions set forth in this
~omplaint.
(c) A preliminary and permanent injunction ordering the defendants to; ~i) immediately discontinue the use of the "trusty" guard system,
(ii) to immediately provide adequate medi-
cal care, housing, clothing, food, heat hospital facilities and other services presently denied to the plaintiffs as set forth more fully herein, (iii) to provide plaintiffs with programs of rehabilitation and education, (iv) to hire t~ained guards to protect the safety and well being of the plaintiffs. (v) to refrain from requiring plaintiffs to work without pay in a manner that constitutes cruel and inhumane treatment, (vi) to provide adequate procedural safe-

) ,J

guards in the imposition of discipline,

-11-

#' .,>

Case: 4:71-cv-00006-DAS Doc #: 1 Filed: 02/08/71 12 of 12 PageID #: 3658

.. ;, • •". , . . . I>

to (vii)

refrain from inflicting any corporal

punishment on the plaintiffs, and

(viii) to otherwise refrain from inflicting

cruel and inhumane treatment on the

plaintiffs.

(2) As to the Second Cause of Action: (a) A preliminary and permanent injunction enjoining the defendants from maintaining and retaining Negro plaintiffs in their custody until such ti~e as the defendants integrate the facilities-at the Parchman Prison. '(b) A preliminary and permanent injunction ordering the defendants to integrate the facilitiea~at the Parchman prison: ordering the defendants to hire Negro employees and guards; and order the defendant John Bell Williams to submit a plan to provide Negro representation on the state Penitentiary Board, and-to otherwise refrain from discriminating against plaintiffs solely because of their race.
(3) Allow plaintiffs their costs in this action, including a reasonable attorneys' fee;
(4) Grant to plaintiffs such other and further relief as to the court seems just and proper.
Dated: February ~ 1971

Respectfully submitted,

·i:lA -----t~x-i

~ J-k~U~
Haber

Con ance lona Slaughter

Lawyers' Conuni ttee For Civil
Rights Under Law
233.N. Farish street Jackson, Mississippi 39201

 </s> Case: 4:71-cv-00006-DAS Doc #: 855 Filed: 03/06/06 1 of 3 PageID #: 1094

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

NAZARETH GATES, ET AL.

PLAINTIFFS

VS.

NO. 4:71CV6-JAD

HALEY BARBOUR, ET AL.

Lead Case

DEFENDANTS

LOCAL JAILS ORDER OF 2006

This cause comes presently before the court on joint ore tenus

motion of the parties to amend and update the court’s LOCAL JAILS

ORDER OF 1997, filed April 7, 1997, in order to require county jail

and work facility authorities more promptly to respond to Notices

of Noncompliance with the orders of this court.

The parties agree and stipulate, and the Court specifically

finds, that the motion is well taken and should be granted, and

that the relief granted is narrowly drawn, extends no further than

necessary, and is the least intrusive means necessary to correct

violations of the Federal rights herein remedied.

IT IS THEREFORE ORDERED:

1. The LOCAL JAILS ORDER OF 1997 is hereby amended and

superseded as follows.

2. Whenever plaintiffs’ counsel shall give written Notice of

Noncompliance with an order of this court to a local jail’s Sheriff

and Board of Supervisors’ Attorney, said local jail’s Sheriff and

Board of Supervisors’ Attorney shall have thirty (30) days from

Case: 4:71-cv-00006-DAS Doc #: 855 Filed: 03/06/06 2 of 3 PageID #: 1095
receipt of said Notice within which to file with plaintiffs’ attorney, copied to the Commissioner of Corrections and the Special Asst. Attorney General assigned to the Department of Corrections, affirmative, verified (sworn) evidence of full compliance in all respects complained of in said Notice.
3. If, within the time required in Paragraph 2, supra, a local jail’s Sheriff and Board of Supervisors’ Attorney fail to file the verified evidence required in Paragraph 2, supra, then plaintiffs’ counsel shall file with the Court a second “Notice of Noncompliance”, copied to said Sheriff and Board of Supervisors’ Attorney, to the Commissioner of Corrections, and to the Special Asst. Attorney General assigned to the Department of Corrections.
4. Said local jails’ Sheriff and Board of Supervisors’ Attorney shall then have thirty (30) days from the date of the court filing required in Paragraph 3, supra, within which to file with the Court (copied to the parties in Paragraph 3) affirmative, verified (sworn) evidence of full compliance in all respects complained of in said Notice.
5. Any local jail whose Sheriff and Board of Supervisors’ Attorney do not fully comply with the court filing requirements of Paragraph 4, will be and the same is hereby automatically disapproved for the further incarceration of state prisoners.
6. A jail automatically disapproved under these provisions, but subsequently achieving full or substantial compliance, may be

Case: 4:71-cv-00006-DAS Doc #: 855 Filed: 03/06/06 3 of 3 PageID #: 1096
considered for re-approval under existing procedures. 7. The provisions of this Order shall apply to any local jail
whose Sheriff and Board of Supervisors’ Attorney previously received a Notice of Noncompliance from plaintiffs’ counsel and did not file with plaintiffs’ counsel the required, verified evidence of full compliance within 30 days of Notice receipt. In all such cases, plaintiffs’ counsel may proceed by filing a second Notice of Noncompliance with the Court as provided in Paragraphs 3, et seq.
SO ORDERED, this the 6th day of March,2006. /s/ JERRY A. DAVIS UNITED STATES MAGISTRATE JUDGE
/s/ Jim Hood, Attorney General, Attorney for Defendants /s/ Ronald Reid Welch Attorney for Plaintiffs

 </s> Case: 4:71-cv-00006-DAS Doc #: 904 Filed: 06/05/06 1 of 4 PageID #: 1295

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

NAZARETH GATES, ET AL., VS. HALEY BARBOUR, ET AL.,

PLAINTIFFS 4:71CV6-JAD DEFENDANTS

DEFENDANT’S MOTION TO AMEND ADMINISTRATIVE REMEDY PROGRAM
FOR MEDICAL COMPLAINTS

NOW INTO COURT, represented by undersi gned counsel, com es the Mississippi Departm ent of Corrections Commissioner Christopher B. Epps, who respectfully represents as follows:
I. On February 15, 1994 Chief United States District Court Judge L. T. Senter signed an Order certifying the Adm inistrative Rem edy Program (ARP) for the Mississippi Department of Corrections (MDOC).
II. Since that time, MDOC has contracted with medical service providers to provide medical care to its inmates.
III. MDOC desires Court approval for a sp ecific process dealing with m edical complaints filed by inmates within the MDOC.

Case: 4:71-cv-00006-DAS Doc #: 904 Filed: 06/05/06 2 of 4 PageID #: 1296
IV. Specifically, MDOC desires for all inm ate medical complaints to be an swered at Step One of the ARP by the on site senior medical director employed by the contractor.
V. Step Two of m edical com plaints w ill be ans wered by the regiona l m edical director for the contractor.
VI. Step Three medical complaints will be answered by the MDOC Comm issioner of Corrections with input from the MDOC medical director.
VII. This process will allow consideration by licensed medical professionals on all medical complaints of inmates.
VIII. MDOC prays for this to be implemented as soon as approved by the Court.
IX. MDOC prays f or ARP rules to be draf ted f or m edical complaints tha t com ply with this pleading as soon as Court approval is obtained.
X. The new amended plan will ass ist the M DOC medical director in m onitoring the medical care provided to MDOC inmates under the medical contract.

Case: 4:71-cv-00006-DAS Doc #: 904 Filed: 06/05/06 3 of 4 PageID #: 1297

WHEREFORE, PREMISES CONSIDERED, Defendants move this Honorable

Court to amend the Administrative Remedy Program Order for Medical Complaints, and

grant any other relief deemed necessary and proper under the circumstances.

Respectf

ully submitted,

STATE

JIM HOOD, ATTORNEY GENERAL OF MISSISSIPPI

SPECIAL

DAVID SCOTT ASSISTANT ATTORNEY GENERAL

BY:_s/Leonard C. Vincent___________________

LEONARD

C. VINCENT

Case: 4:71-cv-00006-DAS Doc #: 904 Filed: 06/05/06 4 of 4 PageID #: 1298
CERTIFICATE OF SERVICE
I, Leonard C. Vincent, Attorney for the Mississippi Department of Corrections and one of the attorneys for the Defendants, do hereby certify that I have, this date, electronically filed the for egoing Motion to Amend Admi nistrative Remedy Program for Medical Complaints with the Cl erk of the Court usi ng t he EC F syst em whic h se nt noti fication o f such filing to Ronald R. Welch and David Scott

T

his, 5th____ day of June, 2006.

s/ Leonard C. Vincent______ Leonard C. Vincent General Counsel

Post Office Box 38 Parchman, Mississippi 38738 (662) 745-66ll, Ext. 2307 Fax: (662) 745-2959 lvincent@mdoc.state.ms.us MSB# 6615

 </s> Case: 4:71-cv-00006-DAS Doc #: 1027 Filed: 09/26/07 1 of 3 PageID #: 1859

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

NAZARETH GATES, ET AL.

PLAINTIFFS

VS.

NO. 4:71CV6-JAD

HALEY BARBOUR, ET AL.

Lead Case

DEFENDANTS

LOCAL JAILS ORDER OF 2007

This cause comes presently before the court on joint ore tenus

motion of the parties to amend and update the court’s original

ORDER REGARDING USE OF LOCAL JAILS FOR INCARCERATION OF STATE

PRISONERS, the LOCAL JAILS ORDER OF 1997, the LOCAL JAILS ORDER OF

2006, and individual county jail approval orders dated prior to

2004 so as to require periodic, updated re-inspection and re-

approval in this case for county jails and work program centers

housing state prisoners.

Because jail conditions and practices are affected by periodic

changes in the offices of Sheriff and Jail staff, and because

periodic compliance and renewal of approval inspections improve and

help guarantee attention to compliance with county jail orders of

the court, all county jail and work center approval orders entered

in this case since 2004 already require periodic, updated re-

inspection and re-approval for continued housing of state

prisoners.

Case: 4:71-cv-00006-DAS Doc #: 1027 Filed: 09/26/07 2 of 3 PageID #: 1860
These same periodic compliance monitoring and enforcement requirements should be applied equally to jails and work program centers approved prior to 2004.
The parties agree and stipulate, and the Court specifically finds, that the motion is well taken and should be granted, and that the relief granted is narrowly drawn, extends no further than necessary, and is the least intrusive means necessary to correct violations of the Federal rights herein remedied.
IT IS THEREFORE ORDERED: 1. The ORDER REGARDING USE OF LOCAL JAILS FOR INCARCERATION OF STATE PRISONERS, the LOCAL JAILS ORDER OF 1997, the LOCAL JAILS ORDER OF 2006, and individual county jail approval orders dated prior to 2004 are hereby amended as follows. 2. Mississippi county jails and work program housing currently approved for housing state inmates in this case by order dated prior to 2004 shall, on or before July 1, 2008, obtain and thereafter periodically obtain, an updated compliance and reapproval inspection by plaintiffs’ counsel, and an updated consent order re-approving the jail or work center for the housing of state inmates. 3. Any jail or work housing facility described in Paragraph 2 which fails to comply with the said Paragraph’s requirements by July 1, 2008 shall be and the same is hereby automatically disapproved for any further housing of state inmates unless counsel

Case: 4:71-cv-00006-DAS Doc #: 1027 Filed: 09/26/07 3 of 3 PageID #: 1861
for plaintiffs and defendants consent to an extension of time for good cause shown.
SO ORDERED, this the 26th day of September, 2007.
/s/ JERRY A. DAVIS UNITED STATES MAGISTRATE JUDGE
/s/ Jim Hood, Attorney General Attorney for Defendants /s/ Ronald Reid Welch Attorney for Plaintiffs

 </s> Case: 4:71-cv-00006-DAS Doc #: 1028 Filed: 11/05/07 1 of 3 PageID #: 1862

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

NAZARETH GATES, ET AL.

PLAINTIFFS

VS.

NO. 4:71CV6-JAD

HALEY BARBOUR, ET AL.

Lead Case

DEFENDANTS

LOCAL JAILS ORDER OF 2007

This cause comes presently before the court on joint ore tenus

motion of the parties to amend and update the court’s LOCAL JAILS

ORDER OF 1997, filed April 7, 1997, and the LOCAL JAILS ORDER OF

2006, filed March 6, 2006, in order to require county jail and work

facility authorities to respond to Notices of Noncompliance with

the orders of this court by filing all responses directly with the

Commissioner of Corrections, with the attorney for the plaintiff

class, and with the Special Attorney General assigned to the

Department of Corrections, no longer filing same with the Clerk of

Court.

The parties agree and stipulate, and the Court specifically

finds, that the motion is well taken and should be granted, and

that the relief granted is narrowly drawn, extends no further than

necessary, and is the least intrusive means necessary to correct

violations of the Federal rights herein remedied.

IT IS THEREFORE ORDERED:

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1. The LOCAL JAILS ORDER OF 1997, and the LOCAL JAILS ORDER OF 2006 are hereby amended and superseded as follows.
2. Whenever plaintiffs’ counsel shall give written Notice of Noncompliance with an order of this court to a local jail’s Sheriff and Board of Supervisors’ Attorney, said local jail’s Sheriff and Board of Supervisors’ Attorney shall have thirty (30) days from receipt of said Notice within which to file with plaintiffs’ attorney, copied to the Commissioner of Corrections and the Special Asst. Attorney General assigned to the Department of Corrections, affirmative, verified (sworn) evidence of full compliance in all respects complained of in said Notice.
3. If, within the time required in Paragraph 2, supra, a local jail’s Sheriff and Board of Supervisors’ Attorney fail to file the verified evidence required in Paragraph 2, supra, then plaintiffs’ counsel may file with the Court a second “Notice of Noncompliance”, copied to said Sheriff and Board of Supervisors’ Attorney, copied to the Commissioner of Corrections, and to the Special Asst. Attorney General assigned to the Department of Corrections.
4. Said local jail’s Sheriff and Board of Supervisors’ Attorney shall then have a second thirty (30) days from the date of the court filing of record in Paragraph 3, supra, within which to file directly with plaintiffs’ attorney, copied to the Commissioner of Corrections and to the Special Asst. Attorney General assigned to the Department of Corrections, affirmative, verified (sworn)

Case: 4:71-cv-00006-DAS Doc #: 1028 Filed: 11/05/07 3 of 3 PageID #: 1864
evidence of full compliance in all respects complained of in said Notice.
5. Any local jail whose Sheriff and Board of Supervisors’ Attorney does not fully comply with the court filing requirements of Paragraph 4, will be and the same is hereby automatically disapproved for the further incarceration of state prisoners.
6. A jail automatically disapproved under these provisions, but subsequently achieving full or substantial compliance, may be considered for re-approval under existing procedures.
SO ORDERED, this the 5th day of November, 2007.
/s/ JERRY A. DAVIS UNITED STATES MAGISTRATE JUDGE
/s/ Jim Hood Attorney General, Attorney for Defendants /s/ Ronald Reid Welch Attorney for Plaintiffs
gatlocaljails1.22.07

 </s> Case: 4:71-cv-00006-DAS Doc #: 1102 Filed: 09/08/08 1 of 3 PageID #: 2390

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

NAZARETH GATES, ET AL.

PLAINTIFFS

VS.

NO. 4:71cv6-JAD

HALEY BARBOUR, ET AL.

Lead Case

DEFENDANTS

LOCAL JAILS AMENDED ORDER

This cause comes presently before the court on joint ore tenus

motion of the parties to clarify, amend, and update the court’s

LOCAL JAILS ORDER OF 1997 with regard to payment of plaintiffs’

attorney’s fees and expenses for periodic inspection, fact finding,

drafting proposed consent order approval, or not, and ongoing

monitoring of order compliance of county and regional facilities

housing state inmates.

It was then and is now intended that plaintiffs’ attorney’s

fees and expenses be paid out of the State’s payment of contract

and/or statutory revenues to the Counties for housing state

prisoners, currently about $30 per state prisoner per day regional

facility contract price, and $20 per state prisoner per day State

statutory price (plus medical expenses reimbursement) for county

jails and work center housing. Plaintiffs’ attorneys fees and

expenses are also provided in consideration of the considerable

value and budgetary savings to the Counties of the Public Service

labor of working, class member state inmates housed locally.

Case: 4:71-cv-00006-DAS Doc #: 1102 Filed: 09/08/08 2 of 3 PageID #: 2391
Amendment of these attorney’s fees provisions to require uniform flat fee and expenses payment in advance of inspection is necessary both to conform the 1997 Order to actual, long standing practice; to prevent undue financial influence/manipulation, on the part of County Supervisors’ Attorneys, County Supervisors, and County Sheriff (delaying or withholding financial payment to influence the inspection, fact finding, and approval or not decisions of plaintiffs’ attorney); and, therefore, also to prevent a potential conflict of interest on the part of plaintiffs’ counsel posed by allowing post-inspection, post-performance payment of his fees and expenses at the discretion of County authorities who may then withhold or delay payment in order to influence the inspection, fact finding, and consent approval proposal of plaintiff’s attorney.
The parties agree and stipulate, and the Court specifically finds, that the motion is well taken and should be granted, and that the relief granted is narrowly drawn, extends no further than necessary, and is the least intrusive means necessary to correct violations of the Federal rights herein remedied.
IT IS THEREFORE ORDERED: 1. In light of the findings made above, Paragraph 4, pp. 5-7, LOCAL JAILS ORDER OF 1997, should be and the same is hereby amended retroactively as follows. 2. Notwithstanding anything to the contrary in Paragraph 4,

Case: 4:71-cv-00006-DAS Doc #: 1102 Filed: 09/08/08 3 of 3 PageID #: 2392
above, when any county chooses to seek a consent court order approving or periodically re-approving their Regional Facility, county jail or work program for the housing of state inmates, plaintiffs’ attorney may submit to such county a flat fee and expenses invoice totaling no more than the maximum amount allowed in Paragraph 4, and may require payment in advance of, and as a condition of, jail inspection, and related subsequent services, including the drafting of any subsequent proposed consent order of approval and ongoing monitoring of compliance with said order.
SO ORDERED, this the 8th day of September, 2008. /s/ JERRY A. DAVIS UNITED STATES MAGISTRATE JUDGE
/s/ Jim Hood, Attorney General Attorney for Defendants /s/ Ronald Reid Welch Attorney for Plaintiffs

 </s> Case: 4:71-cv-00006-DAS Doc #: 1282 Filed: 03/10/11 1 of 5 PageID #: 3389

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

NAZARETH GATES, ET AL.,

PLAINTIFFS

VS.

NO. 4:71CV6-JAD

HALEY BARBOUR, ET AL., LEAD CASE,
CONSOLIDATED WITH

DEFENDANTS

WILLIE STEVENSON, ET AL., VS. JACK REED, ET AL.,

PLAINTIFFS NO. 4:73CV76-JAD
DEFENDANTS

KEITH GIVHAN, ET AL., VS. STEVE PUCKETT, ET AL.,

PLAINTIFFS NO.4:82CV64-JAD
DEFENDANTS

2011 ORDER FINALLY DISMISSING STATE CORRECTIONS FACILITIES PORTION OF GATES V. BARBOUR AND CONSOLIDATED CASES

Following a recent Status Conference, and subsequent

conference call with all part ies represented, this cause

comes presently before the Court on motion

ore tenus of

State Defendants finally to dismiss with prejudice the

entirety of that portion of the above Gates case applicable

to state owned, state-operated, and private company

contractor facilities housing state prisoners, and the

entirety of the above consolidated, Stevenson and Givhan

cases. The lead Gates case was first filed in 1971.

Defendants’ motion does not include, and this order

specifically does not address, the related, but separate

case of Jeffery Presley, et al, v. Christopher Epps, et

al., 4:05cv00148 (Greenville Division).

Based on the Court’s extensive knowledge of the record

of this case, on applicable, PRLA federal law, and on the

arguments of counsel at the recent Status Conference, the

Case: 4:71-cv-00006-DAS Doc #: 1282 Filed: 03/10/11 2 of 5 PageID #: 3390
Court finds that Defendants’ motion is well taken and should be granted.
Provision for the final dismissal of the remaining portion of the Gates case dealing with County Jails is provided below.
IT IS THEREFORE ORDERED: 1. The entirety of that portion of the above styled and numbered Gates v. Barbour case applicable to state owned, state-operated, and private contractor facilities housing state prisoners, and the entirety of the above consolidated, Stevenson and Givhan cases are hereby finally dismissed with prejudice. This state facility dismissal with prejudice specifically applies to the following:
A. All 3 major State prisons. B. All 17 Community Work Centers (CWC’s). C. All 4 Restitution Centers. D. The Governor’s Mansion. E. The 13 and 2 being built Regional Correctional Facilities, except for the county jails and county work centers in same which shall be governed by the county jail dismissal portion of this Order below. F. The 5 current private prisons. 2. This final dismissal does not apply to the remaining portion of the Gates case and orders therein dealing with County Jails and county work centers housing state prisoners, including related county jail attorney’s fees orders, which portion shall be carried forward until finally dismissed: A. When the State defendants have continuously removed all state prisoners from the county jails for a period of two years, as required previously in the Court’s ORDER dated 11/7/90, par. 4 at page 3; or

Case: 4:71-cv-00006-DAS Doc #: 1282 Filed: 03/10/11 3 of 5 PageID #: 3391
B. On July 1, 2015, whichever comes first. 3. For settlement purposes, this final dismissal also does not immediately apply to existing Gates v. Barbour orders concerning state payment of attorney’s fees, costs, and expenses, which shall continue in effect for one year from the date of this Order, whereupon said orders shall also be finally dismissed with prejudice. 4. Effective immediately upon the retirement of the undersigned, and in accordance with applicable federal law and the stipulation and consent of the parties on record in this case, the remaining county jails portion of this case shall be and the same IS HEREBY REFERENCED, TO THE HONORABLE DAVID A. SANDERS, UNITED STATES MAGISTRATE JUDGE, for all post-judgment proceedings of any kind.
Finally, the court wishes to comment on the historical significance of this case. This litigation was begun by Nazareth Gates on behalf of the inmates at the Mississippi State Penitentiary at Parchman to address systemic problems that resulted in inmates being subjected to cruel and unusual punishment. United States D istrict Judge William Keady tackled this unpopular case and built a foundation and structure to correct the constitutional problems he found to exist. United States District Judge L. T. Senter, Jr., took over the case from Judge Keady and continued the oversight of the prison system but with more negotiation between the parties rather than litigation. The undersigned has worked on this case since 1984, first as the magistrate judge assigned to assist Judge Senter and then as the presiding judge with the consent of the parties.
The public understandably must wonder why this litigation has been on the docket of this court for 40 years and is believed to be the oldest case on any district court

Case: 4:71-cv-00006-DAS Doc #: 1282 Filed: 03/10/11 4 of 5 PageID #: 3392
docket in the United States. While historians will probably point to a myriad of reasons, this court believes that the answer is relatively simple. Mississippi, while very rich in many areas of life, has limited resources to spend on matters the public deem important, such as education, health care, roads, public safety, and the like. Prisons, unfortunately, do not rank high on the priority list for funding. This court has recognized that the changes required could not be accomplished overnight, but it also did not think it would take 40 years. The days of armed trusties and "black Betty" have long disappeared from the prison system. However, they were replaced with an ever growing population, longer sentences, HIV/AIDs, and other serious constitutional matters.
Mississippi is now one of only a few states that has received the accreditation of the American Correctional Association for all of its state facilities and the president of that organization is Christopher Epps, the Commissioner of the Mississippi Department of Corrections. We would have never gotten to this point without the tireless work of many people, some who have spent most of their careers working on this case. The court especially commends Ron Welch, class counsel, and the National Prison Project of the American Civil Liberties Union for their tireless work on behalf of the inmates. Leonard Vincent and Jim Norris, attorneys for MDOC, have also been tireless and diligent in their representation of the state's interest. Finally, Commissioner Epps and Deputy Commissioner Emmitt Sparkman have tackled and finished the job started 40 years ago.
The people of Mississippi should not think that their prisons have been converted to "country clubs." They are prisons where no citizen wishes to be incarcerated. However, they are humane and do not systemically subject the inmates to

Case: 4:71-cv-00006-DAS Doc #: 1282 Filed: 03/10/11 5 of 5 PageID #: 3393
"cruel and inhuman punishment." That is the mandate of the Constitution and why this court has been involved for all these years. Except as noted above, this case is closed. Individual complaints, as always, may be filed, but not in this case. Class counsel, except as noted above, is relieved of further duties.
SO ORDERED, this 10th day of March, 20ll. /s/ JERRY A. DAVIS_______________ UNITED STATES MAGISTRATE JUDGE

 </s> 04/04/2005 17:36

2023934931

NPP OF THE ACLU

PAGE 02

FILED

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

MAR 3 1 2005

NAZARETH GATES, ET AL

V.

CIVIL NO. 4:71CV6-JAD

HALEY BARBOUR, ET AL

DEFENDANTS

CONSOLIDATED WITH:

DAVID DARRELL MOORE1 ET AL V. KIRK FORDICE, ET AL

PLAINTIFFS CIVIL NO, 4:90CV125-JAD
DEFENDANTS

ORDERPIIMMING MOORE CASE WITH PREJUDICE Defendants have filed a motion to dismiss [Doc. 161] pursuant to consent decree, or in the alternative, for termination of relief under 18 U.S.C. § 3626(b). The court has conducted an evidentiary hearing, considered the post-hearing briefs and is prepared to rule. The court finds that pursuant to the June 28, 1999, decree, as well as the Prison Litigation Reform Act the prospective relief ordered in this case should be terminated and this case dismissed with prejudice. The court finds that the defendants have implemented the court's ordered relief and have remained in substantial compliance. Any deviations from the ordered relief have been isolated and minimal. The defendants have integrated the HIV-positive inmates into the general prison population except for housing and they are given the same rights and privileges afforded to other

04/04/2005 17:36

2023934931

NPP OF THE ACLU

PAGE 03

inmates with the same custody status. Moreover, the drug therapy offered HIV-positive inmates is in accordance with NIH guidelines and meets the standards required by the court's July 1999 preliminary injunction. The 1999 injunction is no longer required to correct an ongoing violation of a federal right. See, Castllo v&ameron Courtly, Texas, 238 F.3d 339 (5th Cir. 2001).
The court appreciates the commitment of both sides in reaching the. conclusion of this litigation. Great strides were made in the treatment of HIV positiveinmates, not only through the perseverance of plaintiffs' counsel, but also through the recognition of the problem and desire to correct it shown by the defendants.
Accordingly, it is Ordered that the injunctive relief previously ordered in the Moore case is terminated and that case is dismissed with prejudice.
This 31" day of March, 2005.

411111k4 410',A 4_4

UNITED V'

MAGISTRATE JUDGE

 </s> miGates V Collier

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

NAZARETH GATES, ET AL, Plaintiffs

UNITED STATES OF AMERICA, Plaintiff-Intervenor

V.

NO. GC 71-6-K

JOHN COLLIER, ET AL, Defendants

ORDER

Attorneys for the plaintiff class have moved for an interim award of attorney fees for legal services rendered in this cause on behalf of the state inmates. In their initial application for fees, Attorney Ronald Reid Welch claims nearly 4,000 hours for services from August 18, 1975, through January 1982, and his co-counsel Mary Henkel claims an additional 1,142.5 hours for work from October 30, 1979, to September 25, 1981. Plaintiffs' counsel assert that fair compensation due them for all services for the entire period aggregates $494,150.63. Also, they seek reimbursement of $155,828.60 for alleged expenses related to their work in this case. State defendants vigorously contest the allowance of fees claimed by plaintiffs' counsel, and take issue with not only the propriety of any award but also the number of compensable hours and the hourly rate for legal services. Defendants assert that the

</ï,M

have been previously allowed to other counsel who represented the plaintiff class prior to 1975, and who were successful in establishing constitutional rights for penitentiary inmates under pre~l975 orders of this court. Present counsel for plaintiff inmates, who have been employed as staff attorneys by the Mississippi Prisoners'` Defense Committee, have participated in a number of hearings in the cause and have monitored the state's compliance with this court's orders, and have performed other services compensable under 42 USC § 1988. Miller v. Carson, 628 F. 2d 346, 348-49 (5 Cir. 1980); Robinson v. Kimbrough, 652 F. 2d 458, 464 (5 Cir. 1981).
Moreover, the court finds that plaintiffs' present counsel have in several important respects enlarged and strengthened the rights of the plaintiff class. It is unnecessary for the court to presently make a precise determination of a proper fee, based upon the number of compensable hours, the rate to be assigned to such hours of work and other factors enumerated in Johnson v. Georgia Highway Express, Inc., 488 F. 2d 714 (5 Cir. 1974). It is sufficient for us to hold, as we do, that under the Johnson formula Mr. Welch and Miss Henkel have at a minimum 1000 hours of compensable time invested in this case, for which they are due to be compensated at the rate of $50 per hour. It is reasonable to defer strict application of all Johnson criteria until final order regarding fees and expenses. An interim allowance of $50,000 is
-3-

partial only and does not foreclose the claim of plaintiffs ``` counsel for additional recovery upon final fee determination. The court notes, however, that time invested by plaintiffs* counsel in dealing with state legislative committees and lobby^ ing with public officials to secure penal reform,though such may be admirable and civic minded, is not effort compensable as legal services rendered in this cause, and no allowance will be made in that regard. Also, the court withholds consideration as to the very considerable sums demanded by counsel for reimbursement of expenses, and plaintiffs1 counsel must, to recover expenses, document all outlays with reasonable certainty.
It is, therefore ORDERED That the state defendants shall pay to Ronald Reid Welch, Mary Henkel and Mississippi Prisoners* Defense Committee the sum of $50,000 as an interim award for attorney fees. Said sum must be paid within 30 days from this date. In event of appeal, defendants shall, in order to obtain a stay of this order, deposit the sum of $50,000 into the registry of this court. This, 6th day of January, 1983.
J
United States District JudgeC—-·*
-4-

 </s> UNITED
ARLEN B. COYLE
CLERK
P.O. Box 727 OXFORD, MS 38655
TELEPHONE
(601) 234-1971
FACSIMILE
(601) 236-5210

STATES DISTRICT
OFFICE OF THE CLERK NORTHERN DISTRICT OF MISSISSIPPI
February 2, 1998

COURT
P.O. Box 704 ABERDEEN, MS 39730
TELEPHONE
(601) 369-4952
FACSIMILE
(601) 369-9569 P.O. Box 190 GREENVILLE, MS 38701
TELEPHONE
(601) 335-1651
FACSIMILE
(601) 332-4292

Department of Justice CRD, SPL PO Box 6640 Washington, DC 20035
Re: GATES, ET AL V. COLLIER, ET AL Cause No. GC71cvO6-S
Gentlemen:
ATTN: Mr. Christopher Cheng
In response to your recent telephone request, I enclose the first (10) pages and the last (10) pages of the docket sheets in the above styled and numbered cause. In addition, Order dated January 6, 1983, is enclosed.
Thank you for allowing me to delay taking care of this matter until today.
Very truly yours,
ARLEN B. COYLE, CLERK

Enclosures

•ranees Deputy Clerk
Gates v. Collier

• •

•• ••

• • • mwm

PC-MS-001-004

 </s> Case: 4:71-cv-6 As of: 10/19/2019 10:42 AM CDT 1 of 114
CLOSED,CONSENT
U.S. District Court Northern District of Mississippi (Greenville Division)
CIVIL DOCKET FOR CASE #: 4:71−cv−00006−DAS

Gates, et al v. Cook, et al Assigned to: Magistrate Judge David A. Sanders Demand: $0 Case in other court: Fifth Circuit, 08−60276 Cause: 42:1983pr Prisoner Civil Rights
Plaintiff

Date Filed: 02/08/1971 Date Terminated: 03/10/2011 Jury Demand: None Nature of Suit: 550 Prisoner: Civil Rights Jurisdiction: Federal Question

Nazareth (nmi) Gates individually and on behalf of all other similarly situated

represented by Jessica Feierman NAKAMURA QUINN & WALLS, LLP Lakeshore Park Plaza, Suite 130 2204 Lakeshore Drive Birmingham, AL 35209−6701 (202) 393−4930 Email: jfeierman@npp−aclu.org TERMINATED: 06/13/2006 LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED

Ronald Reid Welch RONALD REID WELCH, ATTORNEY P. O. Box 4589 Jackson, MS 39296−4589 (601) 352−6420 Email: prisonlaw@aol.com LEAD ATTORNEY ATTORNEY TO BE NOTICED

Plaintiff
Willie Lee Holms individually and on behalf of all othr similarly situated

represented by Ronald Reid Welch (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Plaintiff
Hal Zachary individually and on behalf of all others similarly situated

represented by Ronald Reid Welch (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Plaintiff
Mathew Winters individually and on behalf of all others similarly situated

represented by Ronald Reid Welch (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Plaintiff Gary Butler

represented by Margaret Winter AMERICAN CIVIL LIBERTIES UNION FOUNDATION, INC. − DC National Prison Project 915 15th Street, NW, Seventh Floor Washington, DC 20005 (202) 393−4930 Email: mwinter@npp−aclu.org TERMINATED: 06/13/2006

Case: 4:71-cv-6 As of: 10/19/2019 10:42 AM CDT 2 of 114

LEAD ATTORNEY ATTORNEY TO BE NOTICED

Ronald Reid Welch (See above for address) ATTORNEY TO BE NOTICED

Plaintiff Jason Williams

represented by Margaret Winter (See above for address) TERMINATED: 06/13/2006 LEAD ATTORNEY ATTORNEY TO BE NOTICED

Ronald Reid Welch (See above for address) ATTORNEY TO BE NOTICED

Plaintiff Rudolph Carter

represented by Margaret Winter (See above for address) TERMINATED: 06/13/2006 LEAD ATTORNEY ATTORNEY TO BE NOTICED

Ronald Reid Welch (See above for address) ATTORNEY TO BE NOTICED

Plaintiff
Martin Groot No. 4:90cv125

represented by Martin Groot MDOC #54288 Unit 28 Parchman, MS 38738 PRO SE

Jessica Feierman (See above for address) TERMINATED: 06/13/2006 LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED

V. Respondent Sheriff Willie E. March

represented by Charles H. Weissinger , Jr. WEISSINGER & HUNTER P. O. Box 215 Rolling Fork, MS 39159 (601) 873−6258 Email: cweissinger@bellsouth.net LEAD ATTORNEY

V.
Defendant
Thomas D. Cook Superintendent of the Mississippi State Penitentiary, also known as Parchman Prison

represented by James F. Steel MISSISSIPPI ATTORNEY GENERAL'S OFFICE P. O. Box 220

Case: 4:71-cv-6 As of: 10/19/2019 10:42 AM CDT 3 of 114

Jackson, MS 39205−0220 (601) 359−3680 TERMINATED: 08/24/1998 LEAD ATTORNEY ATTORNEY TO BE NOTICED

John L. Clay MISSISSIPPI ATTORNEY GENERAL'S OFFICE P. O. Box 220 Jackson, MS 39205−0220 (601) 359−3680 TERMINATED: 08/24/1998 LEAD ATTORNEY ATTORNEY TO BE NOTICED

Joseph A. Goff MISSISSIPPI DEPARTMENT OF TRANSPORTATION P. O. Box 1850 Jackson, MS 39215−1850 (601) 359−7843 Email: jgoff@mdot.state.ms.us TERMINATED: 10/31/2006 LEAD ATTORNEY ATTORNEY TO BE NOTICED

Leonard Charlton Vincent MISSISSIPPI DEPARTMENT OF CORRECTIONS P O Box 38 Parchman, MS 38738 (662) 745−6611 Email: lvincent@mdoc.state.ms.us LEAD ATTORNEY ATTORNEY TO BE NOTICED

David K. Scott MISSISSIPPI ATTORNEY GENERAL'S OFFICE − 220 P. O. Box 220 Jackson, MS 39205−0220 601−359−5672 Fax: 601−359−5735 Email: dscott@mdoc.state.ms.us ATTORNEY TO BE NOTICED

Jane Lanier Mapp MISSISSIPPI ATTORNEY GENERAL'S OFFICE Public Employees' Retirement System 429 Mississippi Street Public Employees' Retirement System Jackson, MS 39201 (601) 359−3592 Fax: 601−359−2285 Email: JMapp@pers.ms.gov TERMINATED: 10/31/2006 ATTORNEY TO BE NOTICED

Defendant
J. D. Demoville Member of the Mississippi State Penitentiary Board

represented by James F. Steel (See above for address) TERMINATED: 08/24/1998

Case: 4:71-cv-6 As of: 10/19/2019 10:42 AM CDT 4 of 114

LEAD ATTORNEY ATTORNEY TO BE NOTICED

John L. Clay (See above for address) TERMINATED: 08/24/1998 LEAD ATTORNEY ATTORNEY TO BE NOTICED

Joseph A. Goff (See above for address) TERMINATED: 10/31/2006 LEAD ATTORNEY ATTORNEY TO BE NOTICED

Leonard Charlton Vincent (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

David K. Scott (See above for address) ATTORNEY TO BE NOTICED

Jane Lanier Mapp (See above for address) TERMINATED: 10/31/2006 ATTORNEY TO BE NOTICED

Defendant
Turner Arant Member of the Mississippi State Penitentiary Board

represented by James F. Steel (See above for address) TERMINATED: 08/24/1998 LEAD ATTORNEY ATTORNEY TO BE NOTICED

John L. Clay (See above for address) TERMINATED: 08/24/1998 LEAD ATTORNEY ATTORNEY TO BE NOTICED

Joseph A. Goff (See above for address) TERMINATED: 10/31/2006 LEAD ATTORNEY ATTORNEY TO BE NOTICED

Leonard Charlton Vincent (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

David K. Scott (See above for address) ATTORNEY TO BE NOTICED

Jane Lanier Mapp (See above for address) TERMINATED: 10/31/2006 ATTORNEY TO BE NOTICED

Defendant

represented by

Case: 4:71-cv-6 As of: 10/19/2019 10:42 AM CDT 5 of 114

Sebe Dale Member of the Mississippi State Penitentiary Board

James F. Steel (See above for address) TERMINATED: 08/24/1998 LEAD ATTORNEY ATTORNEY TO BE NOTICED

John L. Clay (See above for address) TERMINATED: 08/24/1998 LEAD ATTORNEY ATTORNEY TO BE NOTICED

Joseph A. Goff (See above for address) TERMINATED: 10/31/2006 LEAD ATTORNEY ATTORNEY TO BE NOTICED

Leonard Charlton Vincent (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

David K. Scott (See above for address) ATTORNEY TO BE NOTICED

Jane Lanier Mapp (See above for address) TERMINATED: 10/31/2006 ATTORNEY TO BE NOTICED

Defendant
Robert D. Robinson Member of the Mississippi State Penitentiary Board

represented by James F. Steel (See above for address) TERMINATED: 08/24/1998 LEAD ATTORNEY ATTORNEY TO BE NOTICED

John L. Clay (See above for address) TERMINATED: 08/24/1998 LEAD ATTORNEY ATTORNEY TO BE NOTICED

Joseph A. Goff (See above for address) TERMINATED: 10/31/2006 LEAD ATTORNEY ATTORNEY TO BE NOTICED

Leonard Charlton Vincent (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

David K. Scott (See above for address) ATTORNEY TO BE NOTICED

Jane Lanier Mapp (See above for address) TERMINATED: 10/31/2006 ATTORNEY TO BE NOTICED

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Defendant H. L. Roberts Member of the Mississippi State Penitentiary Board
Defendant John Bell Williams Governor of the State of Mississippi, and their Successors

represented by James F. Steel (See above for address) TERMINATED: 08/24/1998 LEAD ATTORNEY ATTORNEY TO BE NOTICED
John L. Clay (See above for address) TERMINATED: 08/24/1998 LEAD ATTORNEY ATTORNEY TO BE NOTICED
Joseph A. Goff (See above for address) TERMINATED: 10/31/2006 LEAD ATTORNEY ATTORNEY TO BE NOTICED
Leonard Charlton Vincent (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
David K. Scott (See above for address) ATTORNEY TO BE NOTICED
Jane Lanier Mapp (See above for address) TERMINATED: 10/31/2006 ATTORNEY TO BE NOTICED
represented by James F. Steel (See above for address) TERMINATED: 08/24/1998 LEAD ATTORNEY ATTORNEY TO BE NOTICED
John L. Clay (See above for address) TERMINATED: 08/24/1998 LEAD ATTORNEY ATTORNEY TO BE NOTICED
Joseph A. Goff (See above for address) TERMINATED: 10/31/2006 LEAD ATTORNEY ATTORNEY TO BE NOTICED
Leonard Charlton Vincent (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
David K. Scott (See above for address) ATTORNEY TO BE NOTICED
Jane Lanier Mapp (See above for address)

Case: 4:71-cv-6 As of: 10/19/2019 10:42 AM CDT 7 of 114

TERMINATED: 10/31/2006 ATTORNEY TO BE NOTICED

Defendant Mississippi Department of Corrections

represented by Anthony Louis Schmidt MISSISSIPPI DEPARTMENT OF CORRECTIONS 633 North State Street, Suite 522 Jackson, MS 39202 601−359−5770 Email: aschmidt@mdoc.state.ms.us LEAD ATTORNEY ATTORNEY TO BE NOTICED

James Marshall Norris MISSISSIPPI DEPARTMENT OF CORRECTIONS P O Box 38 Parchman, MS 38738 (662) 745−6611 Email: jnorris@mdoc.state.ms.us LEAD ATTORNEY ATTORNEY TO BE NOTICED

James F. Steel (See above for address) TERMINATED: 08/24/1998 LEAD ATTORNEY ATTORNEY TO BE NOTICED

John L. Clay (See above for address) TERMINATED: 08/24/1998 LEAD ATTORNEY ATTORNEY TO BE NOTICED

John L. Maxey , II MAXEY WANN, PLLC P.O. Box 3977 Jackson, MS 39207−3977 (601) 355−8855 Email: john@maxeywann.com TERMINATED: 06/13/2006 LEAD ATTORNEY ATTORNEY TO BE NOTICED

Joseph A. Goff (See above for address) TERMINATED: 10/31/2006 LEAD ATTORNEY ATTORNEY TO BE NOTICED

Leonard Charlton Vincent (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Pelicia Everett Hall ATTORNEY GENERAL'S OFFICE P.O. Box 220 550 High Street Jackson, MS 39205 (601) 359−3680 Fax: (601) 359−2003

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Email: phall@ago.state.ms.us LEAD ATTORNEY ATTORNEY TO BE NOTICED

Robert E. Sanders YOUNG WELLS WILLIAMS P.A. P. O. Box 23059 Jackson, MS 39225−3059 (601) 948−6100 Email: rsanders@youngwells.com TERMINATED: 08/24/1998 LEAD ATTORNEY ATTORNEY TO BE NOTICED

Sharon Marie Garner FORMAN, WATKINS, KRUTZ & TARDY, PLLC − Houston 1717 St. James Place, Suite 600 Houston, TX 77056 (713) 402−1717 Email: garnersm@fpwk.com TERMINATED: 06/13/2006 LEAD ATTORNEY ATTORNEY TO BE NOTICED

Charles Baron Irvin IRVIN LAW, PLLC P.O. Box 13154 1010 Northpointe Drive Jackson, MS 39211 (601) 466−0266 Fax: 877−288−2123 Email: cbirvin@irvin−law.com ATTORNEY TO BE NOTICED

Darrell Clayton Baughn MDOC 633 North State Street Jackson, MS 39202 601−359−5304 Email: dbaughn@mdoc.state.ms.us ATTORNEY TO BE NOTICED

David K. Scott (See above for address) ATTORNEY TO BE NOTICED

Jane Lanier Mapp (See above for address) TERMINATED: 10/31/2006 ATTORNEY TO BE NOTICED

Tommy D. Goodwin OFFICE OF THE ATTORNEY GENERAL P.O. Box 220 Jackson, MS 39205−0220 (601) 359−3523 Email: tgood@ago.state.ms.us ATTORNEY TO BE NOTICED

Defendant Washington County, Mississippi

represented by Willie Griffin BAILEY & GRIFFIN

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P O Box 189 Greenville, MS 38702−0189 (601) 335−1966 Email: wgriffinlawyer@AOL.com TERMINATED: 06/13/2006 LEAD ATTORNEY ATTORNEY TO BE NOTICED

David K. Scott (See above for address) ATTORNEY TO BE NOTICED

Jane Lanier Mapp (See above for address) TERMINATED: 10/31/2006 ATTORNEY TO BE NOTICED

Defendant Leflore County Jail

represented by Willie J. Perkins , Sr. THE PERKINS FIRM, PLLC P. O. Box 8404 Greenwood, MS 38935−8404 (601) 455−1211 Email: perkinslawofc@bellsouth.net TERMINATED: 06/13/2006 LEAD ATTORNEY ATTORNEY TO BE NOTICED

David K. Scott (See above for address) ATTORNEY TO BE NOTICED

Jane Lanier Mapp (See above for address) TERMINATED: 10/31/2006 ATTORNEY TO BE NOTICED

Defendant Ronnie Musgrove

represented by Jane Lanier Mapp (See above for address) TERMINATED: 10/31/2006 LEAD ATTORNEY ATTORNEY TO BE NOTICED

Joseph A. Goff (See above for address) TERMINATED: 10/31/2006 LEAD ATTORNEY ATTORNEY TO BE NOTICED

Leonard Charlton Vincent (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Michael C. Moore MIKE MOORE LAW FIRM, LLC 10 Canebrake Blvd., Suite 150 Flowood, MS 39232 601−352−2300 Email: mm@mikemoorelawfirm.com TERMINATED: 05/03/2006 LEAD ATTORNEY ATTORNEY TO BE NOTICED

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Defendant Daniel Cummings, Jr.
Defendant Wendell A. Duncan
Defendant Woodrow Webb
Defendant Coahoma County, MS Coahoma County, MS
Defendant DeSoto County, Mississippi
Defendant Prentiss County Jail

David K. Scott (See above for address) ATTORNEY TO BE NOTICED
represented by David K. Scott (See above for address) ATTORNEY TO BE NOTICED
Jane Lanier Mapp (See above for address) TERMINATED: 10/31/2006 ATTORNEY TO BE NOTICED
represented by David K. Scott (See above for address) ATTORNEY TO BE NOTICED
Jane Lanier Mapp (See above for address) TERMINATED: 10/31/2006 ATTORNEY TO BE NOTICED
represented by David K. Scott (See above for address) ATTORNEY TO BE NOTICED
Jane Lanier Mapp (See above for address) TERMINATED: 10/31/2006 ATTORNEY TO BE NOTICED
represented by Tom T. Ross , Jr. HUNT ROSS & ALLEN P. O. Box 1196 123 Court St. Clarksdale, MS 38614−1196 662−645−9638 Email: tomross@huntross.com TERMINATED: 06/13/2006 LEAD ATTORNEY
represented by Anthony E. Nowak SMITH PHILLIPS MITCHELL SCOTT AND NOWAK, LLP 2545 Caffey Street Hernando, MS 38632 (662) 429−5041 Email: tony@smithphillips.com TERMINATED: 06/13/2006 ATTORNEY TO BE NOTICED
represented by Tyler Lloyd Moss BAIN & MOSS, PLLC 516 Fillmore St.

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Corinth, MS 38834 662−287−1620 Fax: 662−287−1684 Email: tylerlmoss15@gmail.com TERMINATED: 06/13/2006 LEAD ATTORNEY

Defendant
Marshall County Jail Marshall County Jail

represented by Tacey Clark TACEY CLARK LOCKE, PLLC 311 W. Eastport Street Iuka, MS 38852 (662) 424−5000 Fax: (662) 424−5059 Email: tclark@taceylaw.com TERMINATED: 06/13/2006 LEAD ATTORNEY ATTORNEY TO BE NOTICED

Defendant
Marshall County Jail Marshall County Jail

represented by Tacey Clark (See above for address) TERMINATED: 06/13/2006 LEAD ATTORNEY ATTORNEY TO BE NOTICED

Defendant Neshoba County

represented by Walton W. White JORDAN & WHITE, PLLC P.O. Box 459 Philadelphia, MS 39350 (601) 656−2451 Email: wadewhite@bellsouth.net TERMINATED: 06/13/2006 LEAD ATTORNEY ATTORNEY TO BE NOTICED

Defendant Lauderdale County, Mississippi

represented by Lee Thaggard BARRY, PALMER, THAGGARD, MAY & BAILEY, LLP P.O. Box 2009 Meridian, MS 39302−2009 (601) 693−2393 Email: thaggard@barrypalmerlaw.com TERMINATED: 10/31/2006 LEAD ATTORNEY ATTORNEY TO BE NOTICED

Defendant Yalobusha County, Mississippi

represented by John J. Crow , Jr. CROWMARTIN, PLLC 203 Wagner Street Water Valley, MS 38965−2546 (662) 473−1870 Fax: (662) 473−2030 Email: john.crow@duckwood.net

Defendant Copiah County, Mississippi

represented by Elise Berry Munn SHANNON LAW FIRM

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100 West Gallatin Street Hazlehurst, MS 39083 (601) 894−2202 Email: emunn@shannonlawfirm.com

Intervenor
Sheriff Melvin Brisolara TERMINATED: 05/29/2012

represented by Cyril T. Faneca DUKES, DUKES, KEATING AND FANECA, P.A. P. O. Drawer W Gulfport, MS 39502 (228) 868−1111 Email: cy@ddkf.com TERMINATED: 05/29/2012 LEAD ATTORNEY ATTORNEY TO BE NOTICED

Haley Necaise Broom DUKES, DUKES, KEATING AND FANECA, P.A. P. O. Drawer W Gulfport, MS 39502 228−868−1111 Email: hbroom@ddkf.com TERMINATED: 05/29/2012 LEAD ATTORNEY ATTORNEY TO BE NOTICED

Date Filed # Docket Text

02/08/1971

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

03/19/1971

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

10/20/1972

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

11/06/1981 1332 ORDER Regarding Use of Local Jails for Incarceration of State Prisoners. Signed by Judge William C. Keady on 11/6/81. (jtm) (Entered: 04/19/2012)

04/10/1990

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

05/21/1990

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

10/17/1990

6 CIVIL MINUTES for: Settlement Conf. on pending motons held 10−17−90 in Aberdeen (jta) (Entered: 07/20/1992)

10/17/1990

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

05/18/1992

Converted to ICMS (jta) (Entered: 10/13/1993)

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05/28/1992 06/14/1992 06/14/1992 06/14/1992 06/16/1992 06/18/1992 02/24/1993
09/20/1993 09/22/1993 09/27/1993
10/12/1993 10/21/1993 10/25/1993
11/09/1993

8 MOTION by defendants through Robert E. Sanders, SAAG for Modification of court's order entered 4−l7−87 by significantly reducing the standing monthly interim award of attorney's fees and expenses allowed to pltf. class counsel (jta) Modified on 10/13/1993 (Entered: 07/20/1992)
9 REPORT AND RECOMMENDATIONS of Magistrate Judge Jerry A. Davis, recommending that motions by Griffin and Fairley to intervene be denied without prejudice . Case no longer referred to Magistrate Judge Jerry A. Davis Objections to R and R due by 6/29/92 (jta) Modified on 10/13/1993 (Entered: 07/20/1992)
CASE REFERRED back to Magistrate Judge Jerry A. Davis (jta) (Entered: 07/20/1992)
10 ORDER, Granting Voluntary Dismissal of Robert E. Tubwell ( signed by Magistrate Judge Jerry A. Davis on 6/12/92) (jta) (Entered: 10/13/1993)
11 MOTION of plaintiffs to Dismiss defendants' Motion for Modification of order dated 5−26−92, on the pleadings without evidentiary hearing (jta) Modified on 10/13/1993 (Entered: 07/20/1992)
12 RESPONSE by Otis Fairley in opposition to [12−1] report and recommendations (jta) Modified on 10/13/1993 (Entered: 07/20/1992)
Motion(s) no longer referred: [14−1] motion to Dismiss defendants' Motion for Modification of order dated 5−26−92, on the pleadings without evidentiary hearing, [13−1] motion for Modification of court's order entered 4−l7−87 by significantly reducing the standing monthly interim award of attorney's fees and expenses allowed to pltf. class counsel (jta)
13 MOTION by Willie X. Stevenson For Supplemental Relief (jta) Modified on 10/13/1993
14 MOTION by class plaintiffs for additional supplemental contempt relief in order to enforce court's prior orders limiting the numbers of prisoner class mbrs. who may be housed in county jails both "approved" and "unapproved" by this court for the housing of state prisoners (fcc) Modified on 10/13/1993
15 NOTICE/RENEWED MOTIONS for enforcement/payment of county jail contempt fines for time period of 1/21/87 − 7/6/90 by order 2/27/85 , for enforcement/payment of contempt fines for time period after 7/6/90 to present , and to encumber total amount of contempt fines payable by operation of order of 2/27/85 (fcc) Modified on 10/13/1993
16 COMBINED MOTION of plaintiffs for inspection−reports supplemental relief and or contempt (fcc) Modified on 10/13/1993
17 DEFENDANTS' MOTION to Extend Time to respond to the various pending motions (fcc) Modified on 10/22/1993
18 ORDER granting [17−1] motion to Extend Time to respond to the various pending motions, Response to Motion reset to 11/10/93 for [16−1] motion for inspection−reports supplemental relief and or contempt, reset to 11/10/93 for [15−1] motion for enforcement/payment of county jail contempt fines for time period of 1/21/87 − 7/6/90 by order 2/27/85, reset to 11/10/93 for [15−2] motion for enforcement/payment of contempt fines for time period after 7/6/90 to present, reset to 11/10/93 for [15−3] motion to encumber total amount of contempt fines payable by operation of order of 2/27/85, reset to 11/10/93 for [14−1] motion for additional supplemental contempt relief in order to enforce court's prior orders limiting the numbers of prisoner class mbrs. who may be housed in county jails both "approved" and "unapproved" by this court for the housing of state prisoners, reset to 11/10/93 for [13−1] motion For Supplemental Relief ( signed by Chief Judge L. T. Senter Jr. on 10/21/93) (fcc)
19 MOTION by Defendants To Hold In Abeyance plaintiffs' pending motions and defendants' responsibility to respond, pending the completion of the requested states conference (jta)

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11/15/1993 11/19/1993
11/24/1993 11/26/1993 11/26/1993
11/26/1993 12/10/1993 01/26/1994 02/04/1994 02/15/1994
02/24/1994 04/06/1994 04/29/1994
05/05/1994 05/05/1994

Status Conference set at 10:00 11/24/93 Aberdeen before Chief Judge L. T. Senter Jr. (jta)
20 ORDER denying oral motion in Spears Evid. Hrg. in cause no. 4:93cv173, to intervene in Gates v. Collier, cause no. 4:71cv6−S−D on grounds that class counsel is not adequately representing the class members, finding counsel is adequate, and directing clerk to file a copy of this order in the Gates case. ( signed by Magistrate Judge Jerry A. Davis on 11/17/93) (fcc)
21 MOTION by MDOC to Certify Administrative Remedy Program w/Administrative Remedy Program attached (jta)
22 CIVIL MINUTES for: Status Conference held 11/24/93; court set show cause hearing for 1/28/94 at 10:00 a.m., Oxford. (fcc)
23 ORDER setting show cause hearing for 1/28/94 at 10:00 a.m., Oxford, on various motions filed by plaintiffs as to overcrowded conditions of state inmates in county jail facilities and why sanctions and monetary fines should not be imposed. ( signed by Chief Judge L. T. Senter Jr. on 11/24/94) (fcc)
Show Cause Hearing set at 10:00 1/28/94 Oxford before Chief Judge L. T. Senter Jr. (fcc)
24 PLAINTIFFS MOTION for Medical Contempt and for Addtl. Medical/Mental−Health Relief (fcc)
Show Cause Hearing set at 10:00 2/25/94 Aberdeen before Chief Judge L. T. Senter Jr. (fcc)
Letter to Judge Senter dated 2/3/94 from Attorney Ron Welch Stating that plaintiffs have no objection to the implementatin of the CRIPA plan/program as proposed. (jta)
25 ORDER certifying "Administrative Remedy Program" filed by defendants, pursuant to 42 U.S.C. Section 1997e, (CRIPA) and part 40 of Title 28, Code of Fed. Reg.; directing the Court will only entertain any grievance or complaint of an inmate after exhaustion of remedies as provided in such procedure has been certified from the administrator of the program to that effect; and further, directing the Administrative Remedy Program to begin 4/18/94, if a notice has been posted ten days prior to implementation. ( signed by Chief Judge L. T. Senter Jr. on 2/15/94) COB#87, pgs. 280−300 (fcc) Modified on 10/25/2000 (Entered: 02/16/1994)
Show Cause Hearing reset at 10:00 4/15/94 Oxford before Chief Judge L. T. Senter Jr. (fcc)
Show Cause Hearing set at 10:00 5/4/94 Aberdeen before Chief Judge L. T. Senter Jr. (jta)
26 Class Counsel's Report to The Court Re Administrative Remedy Certification and Individual Member Motions to Set Aside Certification Order of Febrauary 15, 1994: CONCLUSION − Motions to set aside lack sufficient merit in the circumstances of this case to warrant presentation to the Court by class counsel at this time. (jta) Modified on 04/29/1994
Informal Status Conference held on 5/4/94 before Chief Judge L. T. Senter Jr. (fcc) Modified on 05/06/1994 (Entered: 05/06/1994)
27 ORDER, on informal status conference with the parties held 5/4/94; setting motion hearing date to facilitate the resolution of plaintiffs' outstanding motions for contempt and other relief Motion Hearing set for 10:00 8/1/94 Aberdeen for [24−1] motion for Medical Contempt and for Addtl. Medical/Mental−Health Relief, set for 10:00 8/1/94 Aberdeen for [16−1] motion for inspection−reports supplemental relief or contempt, set for 10:00 8/1/94 Aberdeen for [15−1] motion for enforcement/payment of county jail contempt fines for time period of 1/21/87 − 7/6/90 by order 2/27/85, set for 10:00 8/1/94 Aberdeen for [15−2] motion for enforcement/payment of contempt fines for time period after 7/6/90 to present, set for 8/1/94 Aberdeen for [15−3] motion to encumber total amount of contempt fines payable by operation of order of 2/27/85, set for 10:00 8/1/94 Aberdeen for [14−1] motion for additional supplemental contempt relief in order to enforce court's prior orders limiting the numbers of prisoner class mbrs. who may be housed in county jails both "approved" and "unapproved" by this

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05/23/1994 06/03/1994 06/03/1994
06/03/1994
06/03/1994 06/03/1994 06/06/1994 06/08/1994 06/08/1994
06/24/1994 06/24/1994 06/24/1994 07/01/1994 07/05/1994 07/05/1994
07/05/1994

court for the housing of state prisoners , set Discovery deadline to 7/1/94 , Response to Motion reset to 6/1/94 for [24−1] motion for Medical Contempt and for Addtl. Medical/Mental−Health Relief, reset to 6/1/94 for [16−1] motion for inspection−reports supplemental relief and or contempt, reset to 6/1/94 for [15−1] motion for enforcement/payment of county jail contempt fines for time period of 1/21/87 − 7/6/90 by order 2/27/85, reset to 6/1/94 for [15−2] motion for enforcement/payment of contempt fines for time period after 7/6/90 to present, reset to 6/1/94 for [15−3] motion to encumber total amount of contempt fines payable by operation of order of 2/27/85, reset to 6/1/94 for [14−1] motion for additional supplemental contempt relief in order to enforce court's prior orders limiting the numbers of prisoner class mbrs. who may be housed in county jails both "approved" and "unapproved" by this court for the housing of state prisoners , set Status Conference for 10:00 7/8/94 Aberdeen , no continuance or extensions of time shall be granted ( signed by Chief Judge L. T. Senter Jr. on 5/4/94) (fcc) (Entered: 05/06/1994)
29 AFFIDAVIT Re: [15−2] motion for enforcement/payment of contempt fines for time period after 7/6/90 to present (jta)
30 RESPONSE by defendants to [16−1] motion for inspection−reports supplemental relief and or contempt (jta) Modified on 06/03/1994
31 RESPONSE by defendants to [15−1] motion for enforcement/payment of county jail contempt fines for time period of 1/21/87 − 7/6/90 by order 2/27/85, [15−2] motion for enforcement/payment of contempt fines for time period after 7/6/90 to present (jta)
32 RESPONSE by defendants to [14−1] motion for additional supplemental contempt relief in order to enforce court's prior orders limiting the numbers of prisoner class mbrs. who may be housed in county jails both "approved" and "unapproved" by this court for the housing of state prisoners (jta) Modified on 06/03/1994
33 RESPONSE by defendants to [13−1] motion For Supplemental Relief by Willie X. Stevenson (jta)
34 RESPONSE by defendants to [24−1] motion for Medical Contempt and for Addtl. Medical/Mental−Health Relief (jta) Modified on 06/03/1994
35 NOTICE OF WITHDRAWAL OF ALL PLAINTIFFS' PENDING MOTIONS Re: Document #27 (Motion hearing set for 8/1/94) (fcc) Modified on 06/07/1994
CASE NO LONGER REFERRED TO Magistrate Judge Jerry A. Davis (jta)
36 Request by Attorney Welch to Attorney General For Investigation of Apparent Lobbying and Other Possible State Law Violations by Private Corrections Companies Seeking To Obtain Prison Building Contracts in Mississippi, By Their Employees and Agents, and By State Legislators, and Officials. (jta)
CLERK'S NOTICE of Continuation of Status Conference set for July 8, 1994 before Chief Judge L. T. Senter, Jr., until further order of the court. (fcc)
CLERK'S NOTICE of Continuation of Evidentiary Hearing set for August 1, 1994, before Chief Judge L. T. Senter, Jr., until further order of the court. (fcc)
NOTICE of Hearing:, set Hearing on Compliance with Prior Court Orders for 10:30 9/23/94 Location: Aberdeen before Chief Judge L. T. Senter Jr. (fcc)
37 PLAINTIFFS' MOTION to Extend Scheduling Order Deadline(s): Discovery until 9/01/94 (fcc)
38 DEFENDANTS' RESPONSE in opposition to [37−1] motion to Extend Scheduling Order Deadline(s): Discovery until 9/01/94 (fcc)
39 ORDER granting [37−1] motion to Extend Scheduling Order Deadline(s): Discovery until 9/01/94; Discovery cutoff to 9/1/94 ; ( signed by Chief Judge L. T. Senter Jr. on 7/1/94) (fcc)
40 PLAINTIFFS' MOTION for Judgment on the Pleadings [24−1] motion for Medical Contempt and for Addtl. Medical/Mental−Health Relief referred (fcc)

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07/06/1994 07/08/1994 07/13/1994 07/13/1994 07/13/1994 07/13/1994 07/15/1994 07/18/1994 07/19/1994
07/21/1994 07/21/1994 07/25/1994
07/25/1994 07/26/1994 08/04/1994 09/16/1994
09/22/1994 09/23/1994
09/23/1994

41 MOTION by Nazareth Gates (plaintiffs) For Order Directing Implementation of Defendants' Own Inmate Release Legislation (jta)
42 Reinstatement of All Plaintiffs' Motions Pending at Time of Withdrawal. (jta)
43 PLAINTIFFS' REQUEST for Admissions to State Defendants (fcc)
44 STATE DEFENDANTS' RESPONSE in opposition to [41−1] motion For Order Directing Implementation of Defendants' Own Inmate Release Legislation by Nazareth Gates (fcc)
45 STATE DEFENDANTS' MOTION to Strike [42−1] Plaintiffs' Proposed Reinstatement of Motions (fcc)
46 STATE DEFEDANTS' RESPONSE in opposition to [40−1] Plaintiffs' motion for Judgment on the Pleadings (fcc)
47 AFFIDAVIT of Ronald Reid Welch Re: Verification as to maintaining on file true and correct copies of the MDOC daily computer print−out reports on the location and status of all state prisoner class members held in county jails, etc. (fcc)
48 Nunc Pro Tunc MOTION by plaintiffs For Order Bringing Certain Prior State Facility Orders Back to Active Docket And For Enforcement of Same (jta)
49 PLAINTIFFS' MOTION to Compel Inspection Reports Discovery ,and/or for Judgment on the Pleadings of plas' "Combined Motion for Inspection−Reports Suppl. Relief and/or Contempt" and "Dfts' Response..." Thereto, Required by Order of the Court (fcc)
50 REBUTTAL by plaintiffs to response to [40−1] motion for Judgment on the Pleadings (jta) Modified on 07/21/1994
51 RESPONSE by plaintiffs to [45−1] motion to Strike [42−1] Plaintiffs' Proposed Reinstatement of Motions (jta)
52 RESPONSE by State Defendants to [49−1] motion to Compel Inspection Reports Discovery, [49−2] motion for Judgment on the Pleadings of plas' "Combined Motion for Inspection−Reports Suppl. Relief and/or Contempt" and "Dfts' Response..." Thereto, Required by Order of the Court (fcc)
53 RESPONSE by State Defendants to [48−1] motion For Order Bringing Certain Prior State Facility Orders Back to Active Docket And For Enforcement of Same (fcc)
54 PLAINTIFFS' REBUTTAL to response to [41−1] motion For Order Directing Implementation of Defendants' Own Inmate Release Legislation by Nazareth Gates (fcc)
55 RESPONSE by defendants TO REQUEST FOR ADMISSIONS re: [43−1] admission requested (jta)
Letter dated 9/15/94 from plaintiff counsel Ron Welch to Attorney General re: Reported Violation of Gates v. Collier, CA No. GC71−6−S−D 50 Square Feet Per Inmate Order in South Mississippi Correctional Institution (SMCI) By Movement of Inmates from Mississippi State Penitentiary Into Double Bunk Beds Recently Installed at SMCI. (jta)
56 DEFENDANTS' MOTION for Temporary Modification of Capacity Orders raising the population ceiling at MSP to 6,381 until further order by the court , and to deny or hold in abeyance the plaintiffs' several pending motions (fcc)
57 CIVIL MINUTES for: Hearing on Compliance with Prior Court Orders scheduled for 9/23/94 was NOT held; Attorney General Moore presented plan and proposed agreed order to the court; Court approved order. (fcc) Modified on 09/26/1994 (Entered: 09/26/1994)
58 ORDER granting [56−1] motion for Temporary Modification of Capacity Orders raising the population ceiling at MSP to 6,381 until further order by the court, granting [56−2] motion to deny or hold in abeyance the plaintiffs' several pending motions; directing defendants to submit for Court approval no later than 7/1/95, a description of the Department of Corrections's existing programs for the provision of adequate access

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02/03/1995 02/21/1995 02/27/1995 03/06/1995 03/06/1995 04/13/1995 04/19/1995 06/16/1995 06/26/1995 06/26/1995 06/28/1995
07/03/1995
07/03/1995 07/03/1995 07/07/1995 07/07/1995

to the courts for inmates in the custody of the Department of Corrections. ( signed by Chief Judge L. T. Senter Jr. on 9/23/94) (fcc) (Entered: 09/26/1994)
59 PETITION by Arthur Nickens, Ronnie Smith for Writ of Mandamus as to Clerk of the United States District Court for the Northern District of Mississippi (jta) Modified on 02/07/2000
60 ORDER denying [59−1] motion for Writ of Mandamus as to Clerk of the United States District Court for the Northern District of Mississippi ( signed by Chief Judge L. T. Senter Jr. on 2/17/95) COB # 72 pg. 88−90 Date of Entry: 2/21/95 (fcc)
61 NOTICE OF APPEAL of [60−1] order by Arthur Nickens . Appeal record due on 3/29/95 (fcc) (Entered: 03/06/1995)
Notice of Appeal and certified copy of docket to USCA: [61−1] appeal by Arthur Nickens (fcc)
Certified and transmitted Record on Appeal to U.S. Court of Appeals: [61−1] appeal by Arthur Nickens (fcc)
62 MOTION by plaintiff class For Payment of County Jail Contempt Fine For Violations of County Jail Population Limitation Orders On and After May 17, 1994 (jta)
63 PLAINTIFFS' PROACTIVE MOTION by and through counsel for Enforcement Order Directing Defendants to File Advance Plan for Reversion to Prior Capacities in Dept. of Corrections' State Facilities on/before 7/01/95 , and for Orderly Processing of Inmates into New Facilities (fcc)
64 MOTION with Affidavit attached by Arthur Nickens to Proceed in Forma Pauperis in his appeal to 5th Circuit Cause No. 95−60183 re: Doc.#60 (fcc) Modified on 06/19/1995 (Entered: 06/19/1995)
65 ORDER denying [64−1] motion to Proceed in Forma Pauperis in his appeal to 5th Circuit Cause No. 95−60183 re: Doc.#60 ( signed by Chief Judge L. T. Senter Jr. on 6/23/95) COB # 73 pg. 12−13 Date of Entry: 6/26/95 (fcc)
Transmitted Supplemental Record on Appeal: [61−1] appeal by Arthur Nickens (fcc)
66 ORDER on joint ore tenus motion of the parties to declare final all interim awards made to date under the Court's prior Order dated 4/14/87, and filed 4/17/87, C.O.B. #54, pages 50−51, and to resolve all related, pending motions: declaring final and complete all interim awards of fees and expenses, as paid, for the month preceeding each such payment, up to and including the first monthly payment due under Paragraph 1 after the date of this order; directing that defendants shall have no further obligation or duty, pursuant to Paragraph 1 or 2 of said Order to pay any fees or expenses for the period to date beyond that already paid; and that plaintiffs' counsel, likewise, shall have no obligation or duty pursuant to Paragraph 2 of the Order, supra, to file any motion, application, etc., with respect to Paragraph 1 payments now declared final and complete; and denying all pending motions concerning the April 1987 Order, supra, not specifically addressed by these modifications. ( signed by Chief Judge L. T. Senter Jr. on 6/28/95) Date of Entry: 6/28/95 (fcc)
67 ORDER granting [64−1] motion to Proceed in Forma Pauperis in his appeal to 5th Circuit Cause No. 95−60183 re: Doc.#60, directing clerk to file Nickens' "Class Members' Motion Requesting Intervention or Alternatively a Motion for Relief from Judgment or Order" ( signed by Chief Judge L. T. Senter Jr. on 6/30/95) COB # 72 pg. 36−37 Date of Entry: 7/03/95 (fcc)
68 MOTION by Arthur Nickens Class Members' Motion Requesting Intervention or Alternatively a Motion for Relief from Judgment or Order (fcc)
Transmitted Supplemental Record on Appeal: "Order Granting IFP" (Doc.#67) [61−1] appeal by Arthur Nickens (fcc)
69 MOTION by Larry D. Harper to withdraw representation by class counsel, nor to remain a party in this civil action (fcc)
70 MOTION by Jerry Lee Warner to withdraw representation by class counsel, nor to remain a party in this civil action (fcc)

Case: 4:71-cv-6 As of: 10/19/2019 10:42 AM CDT 18 of 114

07/07/1995 07/07/1995 07/11/1995 07/24/1995
08/10/1995 08/10/1995 08/10/1995 08/10/1995 08/10/1995 08/10/1995 08/10/1995 08/10/1995 08/10/1995 08/10/1995 08/10/1995 08/10/1995 08/15/1995 08/15/1995 08/24/1995 09/05/1995 09/07/1995 09/07/1995 09/18/1995

71 MOTION by Michael Haynes to withdraw representation by class counsel, nor to remain a party in this civil action (fcc)
72 MOTION by David Clay to withdraw representation by class counsel, nor to remain a party in this civil action (fcc)
NOTICE of Receipt of Supplemental Record by 5th Circuit Court of Appeals (fcc)
73 ORDER denying [72−1] motion to withdraw representation by class counsel, nor to remain a party in this civil action, denying [71−1] motion to withdraw representation by class counsel, nor to remain a party in this civil action, denying [70−1] motion to withdraw representation by class counsel, nor to remain a party in this civil action, denying [69−1] motion to withdraw representation by class counsel, nor to remain a party in this civil action ( signed by Magistrate Judge Jerry A. Davis on 7/21/95) Date of Entry: 7/24/95 (fcc)
74 MOTION by Bobby D. Horton Jr. to no longer be represented by class counsel and to be dismissed as a party in this case (fcc)
75 MOTION by Jimmy Mitchell to no longer be represented by class counsel and to be dismissed as a party in this case (fcc)
76 MOTION by Charles A. Grayer to no longer be represented by class counsel and to be dismissed as a party in this case (fcc)
77 MOTION by L. E. Griffin Jr. to no longer be represented by class counsel and to be dismissed as a party in this case (fcc)
78 MOTION by Raymond Greason to no longer be represented by class counsel and to be dismissed as a party in this case (fcc)
79 MOTION by Lee Mason to no longer be represented by class counsel and to be dismissed as a party in this case (fcc)
80 MOTION by Walter C. Carson to no longer be represented by class counsel and to be dismissed as a party in this case (fcc)
81 MOTION by Eric D. O'Farrell to no longer be represented by class counsel and to be dismissed as a party in this case (fcc)
82 MOTION by Ricky Davis to no longer be represented by class counsel and to be dismissed as a party in this case (fcc) Modified on 08/14/1995 (Entered: 08/14/1995)
83 MOTION by David McDonald to no longer be represented by class counsel and to be dismissed as a party in this case (fcc) (Entered: 08/14/1995)
84 MOTION by Jarvious Cotton to no longer be represented by class counsel and to be dismissed as a party in this case (fcc) (Entered: 08/14/1995)
85 MOTION by Arthur M. Easley to no longer be represented by class counsel and to be dismissed as a party in this case (fcc) (Entered: 08/14/1995)
86 MOTION by Raymon Gathrite to no longer be represented by class counsel and to be dismissed as a party in this case (fcc)
87 MOTION by Anthony Edwards to no longer be represented by class counsel and to be dismissed as a party in this case (fcc)
88 STATUS REPORT by Ronald R. Welch, class counsel, in response to Chief Judge Senter's letter dated 8/10/95. (fcc)
89 MOTION by Darile Johnson to no longer be represented by class counsel and to be dismissed as a party to this law suit (fcc)
90 JUDGMENT OF USCA (certified copy) dismissing the appeal on appellant's motion, signed by the clerk of the court on 9/06/95 Re: [61−1] appeal by Arthur Nickens (fcc)
Record on Appeal returned from U.S. Court of Appeals: [61−1] appeal (fcc)
91 ORDER denying [79−1] motion to no longer be represented by class counsel and to be dismissed as a party in this case ( signed by Chief Judge L. T. Senter Jr. on 9/15/95)

Case: 4:71-cv-6 As of: 10/19/2019 10:42 AM CDT 19 of 114

09/18/1995 09/18/1995 09/18/1995 09/18/1995 09/18/1995
10/18/1995 10/26/1995 11/01/1995 11/06/1995 11/06/1995 11/06/1995 11/06/1995 11/20/1995 12/04/1995 01/05/1996 01/22/1996

COB # 74 pg. 2−3 Date of Entry: 9/18/95 (fcc)
92 ORDER denying [76−1] motion to no longer be represented by class counsel and to be dismissed as a party in this case ( signed by Chief Judge L. T. Senter Jr. on 9/15/95) COB # 74 pg. 4−5 Date of Entry: 9/18/95 (fcc)
93 ORDER denying [75−1] motion to no longer be represented by class counsel and to be dismissed as a party in this case ( signed by Chief Judge L. T. Senter Jr. on 9/15/95) COB # 74 pg. 67 Date of Entry: 9/18/95 (fcc)
94 ORDER denying [84−1] motion to no longer be represented by class counsel and to be dismissed as a party in this case ( signed by Chief Judge L. T. Senter Jr. on 9/15/95) COB # 74 pg. 10−11 Date of Entry: 9/18/95 (fcc)
95 ORDER denying [70−1] motion to withdraw representation by class counsel, nor to remain a party in this civil action ( signed by Chief Judge L. T. Senter Jr. on 9/15/95) COB # 74 pg. 8−9 Date of Entry: 9/18/95 (fcc)
96 ORDER denying [89−1] motion to no longer be represented by class counsel and to be dismissed as a party to this law suit, denying [87−1] motion to no longer be represented by class counsel and to be dismissed as a party in this case, denying [86−1] motion to no longer be represented by class counsel and to be dismissed as a party in this case, denying [81−1] motion to no longer be represented by class counsel and to be dismissed as a party in this case, denying [80−1] motion to no longer be represented by class counsel and to be dismissed as a party in this case, denying [78−1] motion to no longer be represented by class counsel and to be dismissed as a party in this case, denying [77−1] motion to no longer be represented by class counsel and to be dismissed as a party in this case, denying [74−1] motion to no longer be represented by class counsel and to be dismissed as a party in this case, denying [85−1] motion to no longer be represented by class counsel and to be dismissed as a party in this case, denying [83−1] motion to no longer be represented by class counsel and to be dismissed as a party in this case, denying [82−1] motion to no longer be represented by class counsel and to be dismissed as a party in this case ( signed by Chief Judge L. T. Senter Jr. on 9/15/95) COB # 74 pg. 12−33 Date of Entry: 9/18/95 (fcc)
97 MOTION to Intervene and for Contempt by Kenneth R. Fuller (fcc) (Entered: 10/19/1995)
98 MOTION to Intervene by Joseph Wright , for Preliminary Injunction (fcc)
99 ORDER denying [97−1] motion to Intervene and for Contempt by Kenneth R. Fuller ( signed by Chief Judge L. T. Senter Jr. on 10/31/95) COB # 74 pg. 158−159 Date of Entry: 11/01/95 (fcc)
100 NOTICE OF APPEAL of [99−1] order by Kenneth R. Fuller . Appeal record due on 12/6/95 (fcc)
101 DESIGNATION by Kenneth R. Fuller of record on appeal (fcc)
Notice of Appeal and certified copy of docket to USCA: [100−1] appeal by Kenneth R. Fuller (fcc)
Certified and transmitted Record on Appeal to U.S. Court of Appeals: [100−1] appeal by Kenneth R. Fuller (fcc)
105 MOTION by Billy Joe Templeton to withdraw as a class member in this case (fcc) (Entered: 02/01/1996)
102 MOTION by Kenneth R. Fuller to Proceed in Forma Pauperis in his appeal (fcc) (Entered: 12/19/1995)
NOTICE of address change: 332 Richmond Street, McComb, MS 39648, by Kenneth R. Fuller (fcc) (Entered: 01/09/1996)
103 ORDER denying [68−1] Class Members' Motion Requesting Intervention or Alternatively a Motion for Relief from Judgment or Order ( signed by Chief Judge L. T. Senter Jr. on 1/19/96) COB # 75 pg. 45−46 Date of Entry: 1/22/96 (fcc) Modified on 01/24/1996

Case: 4:71-cv-6 As of: 10/19/2019 10:42 AM CDT 20 of 114

02/01/1996
02/01/1996
02/16/1996 02/16/1996 02/16/1996 02/16/1996 02/16/1996 02/28/1996
02/28/1996 02/29/1996 03/07/1996 03/11/1996 03/12/1996 03/22/1996
03/29/1996 03/29/1996
04/11/1996
04/11/1996 04/19/1996
04/19/1996

104 ORDER denying [98−1] motion to Intervene by Joseph Wright, denying [98−2] motion for Preliminary Injunction ( signed by Chief Judge L. T. Senter Jr. on 1/29/96) COB # 75 pg. 90−91 Date of Entry: 02/01/96 (fcc)
106 ORDER denying [105−1] motion to withdraw as a class member in this case ( signed by Chief Judge L. T. Senter Jr. on 1/29/96) COB # 75 pg. 88−89 Date of Entry: 2/1/96 (fcc)
107 NOTICE OF APPEAL of [104−1] order by Joseph Wright . Appeal record due on 3/17/96 (fcc) (Entered: 02/21/1996)
108 MOTION by Joseph Wright to Proceed in Forma Pauperis in the Appeal (fcc) (Entered: 02/21/1996)
109 DESIGNATION by Joseph Wright of record on appeal (fcc) (Entered: 02/21/1996)
Notice of Appeal and certified copy of docket to USCA: [107−1] appeal by Joseph Wright (fcc) (Entered: 02/21/1996)
116 MOTION by Arthur Nickens for Writ of Mandamus for Enforcement of Judgment (fcc) (Entered: 06/03/1996)
USCA letter dtd 2/21/96, advising Joseph Wright #86252 that there would be no ruling in his petition for writ of mandamus; that the district court's ruling on 1/29/96, rendered this petition moot. (fcc)
Status Conference set at 10:30 3/11/96 Aberdeen before Chief Judge L. T. Senter Jr. (fcc)
Certified and transmitted Record on Appeal to U.S. Court of Appeals: [107−1] appeal by Joseph Wright (fcc)
NOTICE of address change: MDOC #32154, Unit 32 B, Parchman, MS 38738 by Joseph Wright (fcc)
USCA Case Number Re: [107−1] appeal by Joseph Wright USCA NUMBER: 96−60125 (fcc)
NOTICE of CANCELLATION of Status Conference set for 3/11/96 (fcc)
110 NOTICE OF WITHDRAWAL OF APPEAL by Joseph Wright (USCA No. 96−60125) [Note: Cert. Copy of Notice and Updated Docket Sheets mailed to USCA] (fcc) Modified on 03/29/1996
Status Conference set at 10:30 4/10/96 Aberdeen before Chief Judge L. T. Senter Jr. (fcc)
111 ORDER granting [102−1] motion to Proceed in Forma Pauperis in his appeal ( signed by Chief Judge L. T. Senter Jr. on 3/26/96) Date of Entry: 3/29/96 [Note: Cert. Copy of Order and Updated Docket Sheets mailed to USCA (fcc) Modified on 03/29/1996
112 CIVIL MINUTES for: Status Conference held 4/10/96, Court Reporter: James A. Moody; Status conference held on conditions of Miss. prison system. Plaintiffs and defendants submitted updated reports to the court on progress made at Parchman and other facilities. (fcc)
Status Conference on conditions of Miss. prison system held on 4/10/96 before Chief Judge L. T. Senter Jr. (fcc)
113 Letter Response dtd 4/18/96 by Ronald Reid Welch, prisoner plaintiff class counsel, in response to Magistrate Judge Eugene M. Bogen's order of 3/7/96 in Ervin Latham vs. Steve Puckett, et al No. 4:95cv258−D−B, as to conditions of confinement at Parchman (fcc)
114 PLAINTIFF'S CLASS COUNSEL, Ronald Reid Welch, Report to the Court on Status of All Pending Prison Law Library and Access to the Courts Pre Se Cases, Complaints, and Issues (stating his intention to hold in abeyance the investigation and prosecution of all MDOC law library and related access−to−the−courts complaints, issues, etc...until after the U.S.Supreme Court announces its forthcoming decision at point) (fcc)

Case: 4:71-cv-6 As of: 10/19/2019 10:42 AM CDT 21 of 114

05/13/1996 05/14/1996 05/14/1996 05/29/1996
06/03/1996
07/01/1996
07/01/1996 07/18/1996 07/19/1996 07/23/1996 07/23/1996 07/24/1996 07/26/1996 07/30/1996 09/13/1996
09/16/1996 09/20/1996

NOTICE of Docketing Supplemental ROA from USCA Re: [107−1] appeal by Joseph Wright USCA Number: 95−60763 and 96−60125 (fcc)
115 JUDGMENT OF USCA (certified copy) dismissing the appeal pursuant to motion of appellant, Rule 42, FRAP, and Rule 42.1 of this court. (signed by the Clerk, USCA, on 5/9/96 Re: [107−1] appeal by Joseph Wright (fcc) (Entered: 05/15/1996)
Record on Appeal returned from U.S. Court of Appeals: [107−1] appeal (fcc) (Entered: 05/15/1996)
Duplicate letters with exhibits attached dated 5/28/96, from inmates at MDOC concerning conditions of confinement. (referred to Chief Judge Senter) re: Frank Jackson #30892, Christopher Gates #59224, Jessie Leflore #A34129, Leslie Wright #83067, Andre' Burt #82405, Frank Coleman #22802, Kensey Jones #87613, Cyrus Davis #59903, Keno J. Harris #83016, Charles Smith #83359, Terrence Gaines #04324, (fcc)
Duplicate letters dtd 5/28/96, from inmates at MDOC concerning conditions of confinement, referred to Chief Judge Senter. re: Shanta Jones #81880, Keith A. Green #K37206, Jerry Long #81871, Darryl Collins #25669, Ronny Nunnally A97276, Antonio Newson #40633, Eddie Hartfield #20232, George R. Anthony #A35977, John Cooper #82506, Marcus Martinez #77731, Floyd Riley #38753, Stanley Abrams, #A59496; Jeffery Rogers #39945, Olester Towner #C36073, Larry Jackson #36762, Alexander Bailey #13911, David Hester #43098 (all assigned to Unit 23, Parchman, MS 38738) (fcc)
117 JUDGMENT OF USCA (certified copy) dismissing appeal under Local Rule 42.3, for want of prosecution for failure to file brief w/i the time fixed by the rules. (signed by Clerk, USCA/5th Cir. on 6/28/96 Re: [100−1] appeal by Kenneth R. Fuller (fcc) (Entered: 07/02/1996)
Record on Appeal returned from U.S. Court of Appeals: [100−1] appeal of Kenneth R. Fuller (fcc) (Entered: 07/02/1996)
118 MOTION by Ronnie Smith to Dismiss Voluntarily re: PSP−4 (fcc)
119 MOTION by Arthur Nickens to Intervene in this case for the protection of their interests by All Inmate Writ Writers for Units 29, 30 and 32 (fcc) (Entered: 07/22/1996)
Letter of inquiry dtd 7/16/96, from Lee Mason for information as to what case he has pending referred to Pro Se Clerk re: Notice to Prisoners Filing Complaints (fcc)
120 MOTION by David Clay to Dismiss Voluntarily without prejudice (PSP−4 signed 7/17/96) (fcc)
121 ORDER granting [118−1] motion to Dismiss Voluntarily without prejudice re: PSP−4 ( signed by Magistrate Judge Eugene M. Bogen on 7/22/96) Date of Entry: 7/24/96 (fcc)
122 ORDER granting [120−1] motion to Dismiss Voluntarily without prejudice (PSP−4 signed 7/17/96) ( signed by Magistrate Judge Jerry A. Davis on 7/24/96) Date of Entry: 7/26/96 (fcc)
123 ORDER APPROVING HARRISON COUNTY FOR THE HOUSING OF STATE PRISONERS ( signed by Chief Judge L. T. Senter Jr. on 7/30/96) Date of Entry: 7/31/96 (fcc) (jtm). (Entered: 07/31/1996)
124 PLAINTIFFS' MOTION by and through class counsel for order directing defendants to maintain 'status quo' in existing, court−ordered, law−library/writ−writer system of access to courts unless/until prior, court−ordered approval is obtained (fcc) Modified on 09/13/1996
125 NOTICE/MOTION of plaintiffs by and through class counsel for Order directing defendants to Show Cause why they should not be held in contempt of the AGREED ORDER of 09/23/94 (fcc)
126 ORDER on joint ore tenus motion of the parties, (1) declaring final and complete awards, all interim awards made to date since this court's prior Order filed 6/28/95,

Case: 4:71-cv-6 As of: 10/19/2019 10:42 AM CDT 22 of 114

11/27/1996 01/02/1997 01/15/1997 02/21/1997 03/05/1997 03/05/1997 03/20/1997 04/07/1997
04/23/1997 05/02/1997 05/02/1997 05/02/1997 05/05/1997 05/14/1997 05/14/1997 05/15/1997

and pursuant to the prior fees Order filed 4/17/87, as paid, for the month preceeding each such payment, up to and including the first monthly payment due under said Paragraph 1 after the date of this order; (2) directing that dfts shall have no further obligation or duty pur. to Para. 1 or 2 of said prior 4/17/87, Order to pay any fees for the priod to day beyond that already paid, and plas' Counsel, likewise, shall have no obligation or duty pur. to Para. 2 of the Order, supra, to file any motion, application, etc. with respect to Para. 1 payments now declared final and complete; (3) directing that dfts shall continue to pay plas' attorney Welch an award of fees on/before the first day of each suceeding month after the date of this order in the amount of $4,584.00, etc. ( signed by Chief Judge L. T. Senter Jr. on 9/9/96) Date of Entry: 9/20/96 (fcc)
127 ORDER, Approving Scott County For the Housing of State Prisoners for a period of one year from the date of this order ( signed by Chief Judge L. T. Senter Jr. on 11/26/96) COB # 78 pg. 204−208 Date of Entry: 11/27/96 (jta)
ACKNOWLEDGEMENT OF RECEIPT by Otis Fairley to [127−1] order Approving Scott County For the Housing of State Prisoners for a period of one year from the date of this order (fcc) (Entered: 01/03/1997)
128 OBJECTION of Plaintiffs' Counsel to Final Approval of Harrison County for the Housing of State Inmates Re: [123−1] order (fcc) (jtm).
129 MOTION by Kirk Fordice, et al for New Inmate Access to the Court Program (fcc) Modified on 03/05/1997
130 MOTION by Plaintiffs to Hold in Abeyance [129−1] motion by Defendants for New Inmate Access to the Court Program (fcc) Modified on 03/05/1997
131 CORRECTED SUBSTITUTE MOTION by Plaintiffs to Hold in Abeyance [129−1] Defendants' motion for New Inmate Access to the Court Program (fcc) Modified on 03/05/1997
132 NOTICE of Disapproval of Harrison County for the Housing of State Inmates by Ronald Reid Welch, attorney for plaintiffs (fcc) (jtm).
133 AGREED LOCAL JAILS ORDER OF 1997 on ore tenus motion of the parties to update the Order regarding use of local jails for incarceration of State Prisoners filed 11/6/81, and Order filed 9/20/96 so as to reflect changed circumstances of the present. ( signed by Chief Judge L. T. Senter Jr. on 4/04/97) Date of Entry: 4/07/97 (fcc)
134 DEFENDANTS'RESPONSE to [131−1] motion to Hold in Abeyance [129−1] Defendants' motion for New Inmate Access to the Court Program (fcc)
135 AGREED ORDER approving Hinds County Penal Farm for the Housing of State Prisioners ( signed by Chief Judge L. T. Senter Jr. on 5/01/97) COB # 79 pg. 206−212 Date of Entry: 5/02/97 (fcc)
136 AGREED ORDER Approving New Clay County Jail for the Housing of State Prisoners ( signed by Chief Judge L. T. Senter Jr. on 5/01/97) COB # 79 pg. 213−218 Date of Entry: 5/02/97 (fcc)
137 AGREED ORDER Approving New Calhoun County Jail for the Housing of State Prisoners. ( signed by Chief Judge L. T. Senter Jr. on 5/01/97) COB # 79 pg. 219−224 Date of Entry: 5/02/97 (fcc)
Motion hearing re: [129−1] motion for New Inmate Access to the Court Program set at 1:30 5/22/97 Location: Greenville before Chief Judge L. T. Senter Jr. (fcc)
RENOTICE of Hearing:, Motion Hearing set for 10:00 5/22/97 for [129−1] motion for New Inmate Access to the Court Program Location: Greenville before Chief Judge L. T. Senter Jr. (fcc)
138 PLAINTIFFS' OBJECTIONS Re: [134−1] motion response (fcc)
139 ORDER to proceed with the motion hearing set for 10:00 a.m. on 5/22/97, Greenville, directing the clerk of the court to issue WHCAT to deliver Phillip Stokes, Arthur Wildee, Jarvious Cotton, Charlie Daniels, and Daries Mitchell for the hearing and return to MDOC. ( signed by Chief Judge L. T. Senter Jr. on 5/14/97) Date of Entry: 5/15/97 (fcc)

Case: 4:71-cv-6 As of: 10/19/2019 10:42 AM CDT 23 of 114

05/15/1997 05/23/1997
05/23/1997 05/23/1997
05/23/1997 06/09/1997 06/17/1997 07/23/1997
08/04/1997
08/04/1997 08/12/1997 08/12/1997 08/15/1997 08/25/1997 08/25/1997 08/28/1997 08/28/1997 09/11/1997 09/16/1997 09/22/1997

WRIT of HCAT issued 5/14/97 to produce inmates Phillip Stokes, Arthur Wildee, Jarvious Cotton, Charlie Daniels, and Daries Mitchell for motion hearing set for 5/22/97, G'ville. (fcc)
140 CIVIL MINUTES for: Hearing on Motion of Dfts for New Inmate Access to the Court; Court Reporter: James A. Moody; Court held hearing on motion of dfts for new inmate access to the court. Oral motions of plas to dismiss motion for new inmate access and oral motion of plas to make more certain. ALL MOTIONS WERE TAKEN UNDER ADVISEMENT. COURT ORALLY ORDERED that pleadings received by inmates for filing in this case are not to be filed but kept with the file. (fcc)
Motion hearing held re: [129−1] motion for New Inmate Access to the Court Program (fcc)
Pursuant to Court's oral order during Motion hearing of 5/22/97, the pleadings received by inmates for filing in this cause are not to be filed but retaining with the file under separate cover. (Documents placed in an accordian file, marked accordingly) re: Doc#140 (fcc)
141 Exhibit and Witness list of plas and dfts in Motion Hearing held 5/22/97 (Exhibits placed in a brown envelope with the file and marked accordingly) (fcc)
142 POST HEARING RESPONSE AND AUTHORITIES by Plaintiffs' Counsel in opposition to [129−1] motion for New Inmate Access to the Court Program (fcc)
143 DEFENDANTS' REPLY to Plaintiffs' Post−Hearing Response and Authorities in Opposition to [129−1] motion for New Inmate Access to the Court Program (fcc)
144 MOTION by Arthur Nickens and Curtis Antonio Way (on behalf of Class Members') for further relief or for Intervention or alternative, for Writ of Mandamus for Enforcement of Decree by Arthur Nickens and Curtis Antonio Way (fcc) Modified on 08/04/1997
145 ORDER denying [144−1] motion for further relief or for Intervention or alternative, for Writ of Mandamus for Enforcement of Decree by Arthur Nickens and Curtis Antonio Way ( signed by Chief Judge L. T. Senter Jr. on 8/01/97) COB # 80 pg. 96−98 Date of Entry: 8/04/97 (fcc)
146 AGREED ORDER on joint ore tenus motion of dfts and plas, approving New Madison County Jail for the Housing of State Prisoners. ( signed by Chief Judge L. T. Senter Jr. on 8/01/97) COB # 80 pg. 91−95 Date of Entry: 8/04/97 (fcc)
ACKNOWLEDGEMENT OF RECEIPT by Arthur Nickens DO NOT FILE to [145−1] order (fcc)
147 MOTION by Arthur Nickens, Curtis Antonio Way to Amend [145−1] order (fcc)
148 ORDER denying [147−1] motion to Amend [145−1] order ( signed by Chief Judge L. T. Senter Jr. on 8/12/97) COB # 80 pg. 133 Date of Entry: 8/18/97 (fcc) (Entered: 08/18/1997)
149 ORDER on joint ore tenus motion of the parties, approving Harrison County Work Center for the Housing of 100 State Prisoners. ( signed by Chief Judge L. T. Senter Jr. on 8/21/97) COB # 80 pg. 137−139 Date of Entry: 8/25/97 (fcc) (jtm).
150 MOTION by Dayral T. Nathan for Preliminary Injunction (fcc)
151 NOTICE OF INTERLOCUTORY APPEAL of [145−1] order by Arthur Nickens DO NOT FILE, Curtis Antonio Way (fcc)
Notice of Interlocutory Appeal and certified copy of docket to USCA: Doc.#151 (fcc)
152 ORDER denying [150−1] motion for Preliminary Injunction ( signed by Chief Judge L. T. Senter Jr. on 9/10/97) COB # 80 pg. 155−157 Date of Entry: 9/11/97 (fcc)
USCA Case Number Re: Doc.#151; USCA NUMBER: 97−60616 (fcc)
153 ORDER granting [129−1] motion for New Inmate Access to the Court Program, superseding, altering, and amending all prior orders of this court, pertaining to access to the court, to−wit: (1) adopting MDOC procedure for inmate access to the court as

Case: 4:71-cv-6 As of: 10/19/2019 10:42 AM CDT 24 of 114

09/30/1997 09/30/1997 09/30/1997 09/30/1997 10/07/1997
10/09/1997 10/14/1997 10/14/1997 10/17/1997 10/17/1997 10/21/1997 10/22/1997

contained in Exhibit 1 to this order, (2) directing dfts to furnish a semiannual report to the court regarding tne newly instituted program, (3) directing a copy of this semiannual report be provided to plas' class counsel who shall file w/i 30 da. his report to the court concerning the adequacy of the program, etc., (4) directing dfts to be vigilant in their efforts to assure special assistance to illiterate and functionally illiterate inmates, (5) reserving the right to supersede, amend, or supplement this order on 5 da. notice to either party if this court perceives the newly instituted system is denying meaningful access to the courts of meritorious claims of the inmates ( signed by Chief Judge L. T. Senter Jr. on 9/18/97) COB # 80 pg. 193−211 Date of Entry: 9/22/97 (fcc)
154 ORDER on joint ore tenus motion of defendants and plaintiffs approving Jefferson County Regional Correctional Facility for the Housing of Additional State Prisoners ( signed by Chief Judge L. T. Senter Jr. on 9/29/97) COB # 80 pg. 218−222 Date of Entry: 9/30/97 (fcc)
155 ORDER on joint ore tenus motion of defendants and plaintiffs approving the Webster County Jail for the Housing of Additional State Prisoners ( signed by Chief Judge L. T. Senter Jr. on 9/29/97) COB # 80 pg. 223−226 Date of Entry: 9/30/97 (fcc)
156 ORDER on joint ore tenus motion of defendants and plaintiffs approving Issaquena County Regional Correctional Facility for the Housing of Additional State Prisoners ( signed by Chief Judge L. T. Senter Jr. on 9/29/97) COB # 80 pg. 227−231 Date of Entry: 9/30/97 (fcc) Modified on 10/01/1997
157 ORDER on joint ore tenus motion of defendants and plaintiffs approving the New Coahoma County Jail for the Housing of Additional State Prisoners ( signed by Chief Judge L. T. Senter Jr. on 9/29/97) COB # 80 pg. 232−235 Date of Entry: 9/30/97 (fcc)
158 PLAS' RULE 59 MOTION to Alter or Amend [153−1] order superseding, altering, and amending all prior orders of this court, pertaining to access to the court, to−wit: (1) adopting MDOC procedure for inmate access to the court as contained in Exhibit 1 to this order, (2) directing dfts to furnish a semiannual report to the court regarding tne newly instituted program, (3) directing a copy of this semiannual report be provided to plas' class counsel who shall file w/i 30 da. his report to the court concerning the adequacy of the program, etc., (4) directing dfts to be vigilant in their efforts to assure special assistance to illiterate and functionally illiterate inmates, (5) reserving the right to supersede, amend, or supplement this order on 5 da. notice to either party if this court perceives the newly instituted system is denying meaningful access to the courts of meritorious claims of the inmates (fcc)
159 FIRST VERIFIED NOTICE/MOTION for Attorney's Fees Judgment on the Pleadings, for Related, Supplemental Relief, and Brief in Support in cause no. 4:73cv76−S−D (fcc)
NOTICE of Additional Attorney Affidavit filing to Exhibit A of Plas' 1st Verified Motion for Atty's Fees Judgment on the Pleadings dtd 10/8/97, of William F. Winter by Plaintiffs (fcc) Modified on 10/15/1997
160 AFFIDAVIT OF WILLIAM F. WINTER as a Supplement to Exhibit "A" Re: [159−1] motion for Attorney's Fees Judgment on the Pleadings, for Related, Supplemental Relief, and Brief in Support in cause no. 4:73cv76−S−D (fcc) Modified on 10/15/1997
161 MOTION by dfts Kirk Fordice, et al, and James Anderson, et al to Extend Time to Respond to Plas' Rule 59 Motion to Alter or Amend Order Approving New Inmate Access to the Court Program and Brief in Support, (and) to Plas' 1st Verified Motion for Atty's Fees Judgment on the Pleadings, et al (fcc)
Letter dtd 10/15/97, from inmate John P. Alexander #30021, Unit 24 Ext., Parchman, MS 38738, requesting copy of Order dtd 9/18/97, referred to MDOC Staff Atty who (according to Alexander) distributed the order at Parchman (fcc)
162 ORDER on joint ore tenus motion of dfts and plas APPROVING the Pike County Jail for the Housing of Additional State Prisoners ( signed by Chief Judge L. T. Senter Jr. on 10/20/97) COB # 80 pg. 255−259 Date of Entry: 10/20/97 (fcc)
163 RULE 62 MOTION by Pla Class to Stay Proceedings to Enforce A Judgment [re: Order Approving New Inmate Access to the Court Program, filed 9/22/97], pending

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10/27/1997
10/27/1997 10/29/1997 11/17/1997 11/18/1997 11/18/1997 11/18/1997
11/18/1997 01/07/1998

disposition of plas' Rule 59 Motion to alter or amend, etc. (fcc)
164 ORDER denying [158−1] motion to Alter or Amend [153−1] order superseding, altering, and amending all prior orders of this court, pertaining to access to the court, to−wit: (1) adopting MDOC procedure for inmate access to the court as contained in Exhibit 1 to this order, (2) directing dfts to furnish a semiannual report to the court regarding tne newly instituted program, (3) directing a copy of this semiannual report be provided to plas' class counsel who shall file w/i 30 da. his report to the court concerning the adequacy of the program, etc., (4) directing dfts to be vigilant in their efforts to assure special assistance to illiterate and functionally illiterate inmates, (5) reserving the right to supersede, amend, or supplement this order on 5 da. notice to either party if this court perceives the newly instituted system is denying meaningful access to the courts of meritorious claims of the inmates, denying [163−1] motion to Stay Proceedings to Enforce A Judgment [re: Order Approving New Inmate Access to the Court Program, filed 9/22/97], pending disposition of plas' Rule 59 Motion to alter or amend, etc. ( signed by Chief Judge L. T. Senter Jr. on 10/22/97) COB # 80 pg. 274−275 Date of Entry: 10/27/97 (fcc)
165 MOTION by Class Counsel for Approval of Decision Not to Appeal the Court's Order Approving New Inmate Access to the Court Program, filed 09/22/97 (fcc) Modified on 10/27/1997
166 ORDER granting [165−1] motion for Approval of Decision Not to Appeal the Court's Order Approving New Inmate Access to the Court Program, filed 09/22/97 ( signed by Chief Judge L. T. Senter Jr. on 10/28/97) COB # 80 pg. 276−277 Date of Entry: 10/29/97 (fcc)
167 NOTICE of Attorney Appearance for Thomas D. Cook, J. D. Demoville, Turner Arant, Sebe Dale, Robert D. Robinson, H. L. Roberts, John Bell Williams, MDOC by James F. Steel [SAAG] (fcc) (Entered: 11/18/1997)
Consolidated Lead Case (fcc)
168 AGREED ORDER on joint motion ore tenus, dismissing with prejudice as to the time and expense itemized therein, plas' "First Verified Motion for Attorney's Fees...," dated October 8, 1997, ( signed by Chief Judge L. T. Senter Jr. on 11/17/97) COB # 80 pg. 308−309 Date of Entry: 11/18/97 (fcc)
169 AGREED ORDER, on joint ore tenus motion of the parties, to consolidate, and on the two motions of plas' court−appointed counsel for post−judgment awards of atty's fees; CONSOLIDATING Givhan (4:82cv64−B−A) and Way (4:95cv283−D−A) subclass cases with Gates (4:71cv06−S−D); CERTIFYING Givhan and Way as a subclass of the larger class already certified in Gates: "All adherents of the muslim religion sentenced to the custody of MDOC..."; all future pleadings pertaining to Givhan and Way shall have the same heading, styled, and numbers as that of this order; directing the clerk to effectuate this order of consolidation and certification of subclass; that in full agreed settlement of plas' first and second verified motions and for all additional atty time and expense to date, dfts shall pay Ronald Reid Welch, P.A., the sum of $18,750.00 NLT 6/31/98, with legal judgment interest to be paid from the date of this order until paid in full; that a separate final judgment order for the fees awarded in Para. 5 shall issue this day from the court and filed by the clerk; that, as previously agreed and ordered in Moore v. Fordice, Para. 12 at page 4 of Agreed Judgment of Settlement and Dismissal, filed 06/28/95, the parties obligate themselves to seek in good faith an informal resolution to any dispute in this case prior to instituting any legal action relative thereto. ( signed by Chief Judge L. T. Senter Jr. on 11/17/97) COB # 81 pg. 302−305 Date of Entry: 11/18/97 (fcc) Modified on 11/19/1997
170 FINAL JUDGMENT in Givhan v. Puckett, on the first and second verified motions of pla's for post judgment atty's fees and costs to date, directing that dfts shall pay Ronald Reid Welch, P.A., the sum of $18,750.00 NLT June 31, 1998, with legal judgment interest to be paid from the date of this order until paid in full. ( signed by Chief Judge L. T. Senter Jr. on 11/17/97) COB # 81 pg. 306−307 Date of Entry: 11/18/97 (fcc) Modified on 11/19/1997
171 NOTICE OF NONCOMPLIANCE OF ADAMS COUNTY JAIL by plaintiffs (fcc)

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01/22/1998 01/29/1998 02/02/1998 02/02/1998
02/02/1998
02/02/1998 02/02/1998 02/03/1998 02/13/1998 02/23/1998 03/13/1998 04/06/1998

172 JUDGMENT OF USCA (certified copy) DISMISSING the appeal under 5thCirR.42.3, for want of prosecution for failure of appellants to pay the docketing and filing fee, w/i the time fixed by the rules, this date, January 20, 1998 (signed by Clerk USCA/5th Cir − for the court by direction) [Re: Doc.#151 − Interlocutory Appeal by Arthur Nickens and Curtis Antonio Way] (fcc) Modified on 01/23/1998 (Entered: 01/23/1998)
173 AMENDATORY CAPACITY ORDER FOR MSP UNIT 29, amending prior population capacity orders of this court so as to allow defendants temporarily to double bunk the single cells in MSP Unit 29's present A and B Buildings, etc. ( signed by Chief Judge L. T. Senter Jr. on 1/26/98) COB # 82 pg. 48−51 Date of Entry: 1/29/98 (jta)
Mail addressed to Joseph Wright RETURNED marked "Released". (jta)
174 AMENDATORY ORDER FINALLY DISMISSING STATE CORRECTIONS FACILITIES, granting motion ore tenus of defendants and modifying Para.2, pg.1 of the Order of Oct. 17, 1990, and finally dismissing w/o prejudice "That portion of the lead case applicable to state−owned, state−operated, private−company−contracted facilities..."; dismissal shall not apply to any case consolidated with the lead case, or to any of the local jail and local jail related orders of the court; dismissal shall not apply to any order of the court regarding payment of attys fees and costs/expenses to plas' counsel, etc.; all petitions will continue to be forwarded to plas' class counsel with respect to prisioners in state−owned, state−operated, and private−company−contracted facilities, etc. ( signed by Chief Judge L. T. Senter Jr. on 02/02/98) COB # 82 pg. 72−76 Date of Entry: 2/03/98 (fcc) Modified on 02/12/1998 (Entered: 02/03/1998)
175 AMENDATORY LOCAL JAILS ORDER, granting joint ore tenus motion of defendants and plaintiffs, amending the Local Jails Order of 1997, filed 04/07/97, so as to require the required annual reports from Sheriffs and Boards of Supervisors to be filed as directed beginning July 1, 1998, and annually thereafter so long as jails house state prisoners, inter alia; and providing reasonable attys fees and expenses payable by defendants to Ronald R. Welch, class counsel, etc. ( signed by Chief Judge L. T. Senter Jr. on 02/02/98) COB # 82 pg. 77−79 Date of Entry: 02/03/98 (fcc) Modified on 02/12/1998 (Entered: 02/03/1998)
176 FINAL JUDGMENT granting motion of defendants and dismissing the entirety of that portion of the lead case applicable to state−owned, state−operated, and private−company contracted facilities. ( signed by Chief Judge L. T. Senter Jr. on 2/02/98) COB # 82 pg. 80 Date of Entry: 2/03/98 (See Also: Doc.#174) (fcc) Modified on 02/12/1998 (Entered: 02/03/1998)
177 ORDER GRANTING JOINT ORE TENUS MOTION OF DFTS AND PLAS AND APPROVING NEW GRENADA COUNTY JAIL FOR THE HOUSING OF STATE PRISONERS ( signed by Chief Judge L. T. Senter Jr. on 2/02/98) COB # 82 pg. 81−84 Date of Entry: 2/03/98 (fcc) Modified on 02/12/1998 (Entered: 02/03/1998)
178 CIVIL MINUTES for: Status Conference held 2/2/98; Court Reporter: none; Court signed order and final judgment as to state facilities portion of Gates; signed order amending local jails order; signed order approving Grenada County Jail. Other general matters in this cause were discussed. (fcc)
Copy placed in file of Counsel for Pla's letter dtd 2/12/98, to Atty. Joe Goff, SAAG−DOC, stating they have no obj. for Adams County to have additl 30 da. to respond to Pla's "Notice of Noncompliance of Adams County Jail" filed 1/6/98 (fcc)
Copies of letters dtd 2/19/98, from Pro Se Clerk to Class Counsel, Ron Welch and inmate Lawrence Brown #76311, Unit 28, Parchman, MS 38738, regarding his Petition for TRO/PI, placed in file. (fcc)
179 Copy of Class Counsel's Letter Report to the Court dtd 3/12/98; Moore v. Fordice, CA No. 4:90cv125−S−D, consol. w/Gates GC71cv6−S−D; finding that, at this time, there is no arguable basis in fact or law upon which class counsel could travel to seek either a TRO, or addtl. injunctive relief, etc., but will continue to monitor and investigate the situation, etc. (fcc) Modified on 03/16/1998
180 Copy of letter dtd 4/03/98, addressed to Chief Judge Senter from Joe Goff, AAG/Dept.of Corr., regarding status report of Adams County Jail (fcc) (Entered: 04/07/1998)

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04/24/1998 05/20/1998 05/21/1998
06/18/1998 07/28/1998 08/05/1998 08/06/1998 08/17/1998 08/17/1998

181 ORDER granting joint ore tenus motion, Approving Old and New Lee County Jails for the Housing of State Inmates ( signed by Chief Judge L. T. Senter Jr. on 4/23/98) COB # 82 pg. 202−206 Date of Entry: 4/24/98 (jta)
Clerk's Note: Photographic Exhibits removed from poster displays due to deterioration of adhesives and placed in an accordion file with the record. The posters have been retained as exhibits along with the record. Photo dates shown on the back include: 11/19/71; 11/23/71; 11/24/71; 2/01/72; 2/02/72 (fcc)
182 ORDER denying [161−1] motion to Extend Time to Respond to Plas' Rule 59 Motion to Alter or Amend Order Approving New Inmate Access to the Court Program and Brief in Support, (and) to Plas' 1st Verified Motion for Atty's Fees Judgment on the Pleadings, et al, denying [131−1] motion to Hold in Abeyance [129−1] Defendants' motion for New Inmate Access to the Court Program, denying [130−1] motion to Hold in Abeyance [129−1] motion by Defendants for New Inmate Access to the Court Program, denying [125−1] motion for Order directing defendants to Show Cause why they should not be held in contempt of the AGREED ORDER of 09/23/94, denying [124−1] motion for order directing defendants to maintain 'status quo' in existing, court−ordered, law−library/writ−writer system of access to courts unless/until prior, court−ordered approval is obtained, denying [119−1] motion to Intervene in this case for the protection of their interests by All Inmate Writ Writers for Units 29, 30 and 32, denying [116−1] motion for Writ of Mandamus for Enforcement of Judgment, denying [63−1] motion for Enforcement Order Directing Defendants to File Advance Plan for Reversion to Prior Capacities in Dept. of Corrections' State Facilities on/before 7/01/95, denying [63−2] motion for Orderly Processing of Inmates into New Facilities, denying [62−1] motion For Payment of County Jail Contempt Fine For Violations of County Jail Population Limitation Orders On and After May 17, 1994, denying [49−1] motion to Compel Inspection Reports Discovery, denying [49−2] motion for Judgment on the Pleadings of plas' "Combined Motion for Inspection−Reports Suppl. Relief and/or Contempt" and "Dfts' Response..." Thereto, Required by Order of the Court, denying [48−1] motion For Order Bringing Certain Prior State Facility Orders Back to Active Docket And For Enforcement of Same, denying [45−1] motion to Strike [42−1] Plaintiffs' Proposed Reinstatement of Motions, denying [41−1] motion For Order Directing Implementation of Defendants' Own Inmate Release Legislation, denying [40−1] motion for Judgment on the Pleadings, denying [24−1] motion for Medical Contempt and for Addtl. Medical/Mental−Health Relief, denying [16−1] motion for inspection−reports supplemental relief and or contempt, denying [15−1] motion for enforcement/payment of county jail contempt fines for time period of 1/21/87 − 7/6/90 by order 2/27/85, denying [15−2] motion for enforcement/payment of contempt fines for time period after 7/6/90 to present, denying [15−3] motion to encumber total amount of contempt fines payable by operation of order of 2/27/85, denying [14−1] motion for additional supplemental contempt relief in order to enforce court's prior orders limiting the numbers of prisoner class mbrs. who may be housed in county jails both "approved" and "unapproved" by this court for the housing of state prisoners, denying [13−1] motion For Supplemental Relief, all motions now pending are denied but without prejudice to refiling if necessary and appropriate and warranted by circumstances and the law ( signed by Chief Judge L. T. Senter Jr. on 5/20/98) COB # 82 pg. 256 Date of Entry: 5/21/98 (fcc)
183 REPORT to the Court by defendants pursuant to prior court order. (jta)
184 ORDER, set Show Cause Hearing for 9:00 8/19/98 , for Commissioner MDOC to explain the state's procedure regarding the handling of inmate accounts with respect to filing fees due this court ( signed by Magistrate Judge Jerry A. Davis on 7/27/98) Date of Entry: 7/28/98 (fcc)
185 ORDER returning this cause to the Clerk for reassignment to an active U.S. District Judge. ( signed by Senior Judge L. T. Senter Jr. on 7/31/98) Date of Entry: 8/06/98 (fcc) (Entered: 08/06/1998)
CASE reassigned to Chief Judge Neal B. Biggers Jr. (fcc)
CASE reassigned to Judge Glen H. Davidson (fcc)
186 ORDER transferring this cause to Honorable Glen H. Davidson, U. S. District Judge, NDMS, for all further proceedings. ( signed by Chief Judge Neal B. Biggers Jr. on 8/14/98) Date of Entry: 8/17/98 (fcc)

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08/24/1998
08/24/1998 09/02/1998 09/23/1998 09/23/1998 09/23/1998
09/23/1998
10/02/1998 10/21/1998 10/21/1998 10/26/1998 10/28/1998 11/04/1998 11/12/1998 11/13/1998 11/19/1998 12/09/1998

187 ORDER OF REFERENCE AND STIPULATION of consent to trial of all post−judgment matters by United States Magistrate Judge Jerry A. Davis in Consolidated Cases. ( signed by Judge Glen H. Davidson on 8/19/98) Date of Entry: 8/24/98 (fcc) Modified on 08/24/1998
CASE REFERRED to Magistrate Judge Jerry A. Davis for trial (fcc)
188 ORDER on joint ore tenus motion of defendants and plaintiffs approving New Lauderdale County Jail for the Housing of State Prisoners ( signed by Magistrate Judge Jerry A. Davis on 9/02/98) Date of Entry: 9/03/98 (fcc) (Entered: 09/03/1998)
189 ORDER on joint ore tenus motion of defendants and plaintiffs APPROVING New Panola County Jail for the Housing of State Prisoners. ( signed by Magistrate Judge Jerry A. Davis on 9/22/98) Date of Entry: 9/23/98 (fcc)
190 ORDER on joint ore tenus motion of defendants and plaintiffs APPROVING DeSoto County Jail for the Housing of State Prisoners. ( signed by Magistrate Judge Jerry A. Davis on 9/22/98) Date of Entry: 10/06/98 (fcc) (Entered: 10/06/1998)
191 ORDER on joint ore tenus motion of defendants and plaintiffs APPROVING the new Lafayette County Jail for the housing of State Prisoners. ( signed by Magistrate Judge Jerry A. Davis on 9/22/98) Date of Entry: 10/06/98 (fcc) Modified on 10/06/1998 (Entered: 10/06/1998)
192 ORDER on ore tenus motion of defendants and plaintiffs APPROVING the new Lowndes County Jail for the housing of State Prisoners. ( signed by Magistrate Judge Jerry A. Davis on 9/22/98) Date of Entry: 10/06/98 (fcc) Modified on 10/06/1998 (Entered: 10/06/1998)
NOTICE of address change: 9425 Flechette Ave., Jacksonville, FL 32208 by Curtis Antonio Way in 4:71−cv−00006 (fcc) (Entered: 10/07/1998)
193 MOTION by Vernon Threadgill in 4:71−cv−00006 to become a member in class action suit "Keith Givan, et al Lead Case No. 4:82cv64 and consol. w/ Curtis Antonio Way, et al No. 4:95cv283" (fcc) (Entered: 10/26/1998)
194 MOTION by Curtis Winters in 4:71−cv−00006 to become a member in class action suit "Keith Givan, et al Lead Case No. 4:82cv64 and consol. w/Curtis Antonio Way, et al No. 4:95cv283" (fcc) (Entered: 10/26/1998)
195 MOTION by Carlisa Riley in 4:71−cv−00006 to become a member in class action suit "Keith Givan, et al Lead Case No. 4:82cv64 and consol. w/Curtis Antonio Way, et al No. 4:95cv283" (fcc)
196 MOTION by Willie Brown in 4:71−cv−00006 to become a member in class action suit "Keith Givan, et al Lead Case No. 4:82cv64 and consol. w/Curtis Antonio Way, et al No. 4:95cv283" (fcc) (Entered: 10/29/1998)
197 MOTION by Paul J. Williams III in 4:71−cv−00006 to become a member in Class Action suit Keith Givhan, et al v. Steve Puckett, et al, Lead Case no. 4:82cv64, consol/with Curtis Antonio Way, et al v. Steve Puckett, et al no. 4:95cv283 (fcc)
198 MOTION by Lorenzo Dillingham in 4:71−cv−00006 to become a member in class action suit "Keith Givan, et al Lead Case No. 4:82cv64 and consol. w/Curtis Antonio Way, et al, No. 4:95cv283" (fcc) (Entered: 11/19/1998)
199 MOTION by Archie N. Smith in 4:71−cv−00006 to become a member in class action suit "Keith Givan, et al Lead Case No. 4:82cv64 and consol. w/Curtis Antonio Way, et al, No. 4:95cv283" (fcc) (Entered: 11/19/1998)
200 MOTION by Mark Stevens in 4:71−cv−00006 to become a member in class action suit "Keith Givan, et al Lead Case No. 4:82cv64 and consol. w/Curtis Antonio Way, et al, No. 4:95cv283" (fcc)
201 ORDER on joint ore tenus motion of defendants and plaintiffs, approving Hancock County Jail in Bay St. Louis, MS, for the housing of state prisoners ( signed by Magistrate Judge Jerry A. Davis on 12/08/98) Date of Entry: 12/09/98 (fcc) Modified on 12/10/1998

Case: 4:71-cv-6 As of: 10/19/2019 10:42 AM CDT 29 of 114

12/09/1998 01/12/1999 01/14/1999 01/19/1999 02/01/1999 02/03/1999 02/05/1999 02/05/1999
02/09/1999
02/09/1999 02/10/1999 02/11/1999

202 ORDER on joint ore tenus motion of defendants and plaintiffs, approving New Neshoba County Law Enforcement Center Jail for the housing of state prisoners. ( signed by Magistrate Judge Jerry A. Davis on 12/08/98) Date of Entry: 12/09/98 (fcc) Modified on 12/10/1998
203 VERIFIED MOTION for Second Order Awarding Post Judgment Attorney's Fees and Brief in Support (fcc)
204 VERIFIED MOTION for Temporary Injunctive Relief Suspending and Restraining Dfts' Enforcement of or Obediance to State Statutes Abolishing Parole, Requiring 85 Percent Service of Certain Sentences, etc. (fcc)
206 SECOND MOTION by Mark Stevens in 4:71−cv−00006 to become a member in class action suit "Keith Givan, et al Lead Case No. 4:82cv64 and consol. w/Curtis Antonio Way, et al, No. 4:95cv283 " (fcc) (Entered: 02/02/1999)
205 MOTION by Class Counsel for the plaintiffs for Order that directs Dfts' Governor and Dfts' Parole Board, to file w/i 30 da. a plan by which these Dfts will exercise their respective, official Pardon, Commutation, and Parole Powers so as to be in full compliance with the orders of this court by July 1, 1999, and thereafter maintain compliance with Inmate Population Orders (fcc)
207 FEBRUARY 1999 STATUS REPORT/NOTICE OF SERVICE by Attorney for Plaintiff Class (Exhibit A, attached) (fcc)
208 ORDER, on dfts' motion ore tenus holding in Abeyance plas' pending motions to enjoin enforcement of the 85 percent laws and to require filing of a Governor/Parole Board plan to achieve compliance, until further order of the court ( signed by Magistrate Judge Jerry A. Davis on 2/4/99) Date of Entry: 2/8/99 (fcc) (Entered: 02/08/1999)
209 ORDER granting in part, denying in part [203−1] motion for Second Order Awarding Post Judgment Attorney's Fees and Brief in Support, dfts shall pay Ronald Reid Welch, P.A., w/i 45 da. from the date of this order, the total sum of $10,875 in full and complete payment for all time/expense in the period 01/01/98 through 01/09/99 , future compensation of the time plas' counsel expends in routine monitoring, etc., in all the above consolidated cases, jointly and severally, shall be governed by...and compensated by standing fees orders in the lead case, "Gates v. Collier" , notwithstanding the provisions of Para. 2, supra, plas' counsel may hereafter apply to the court for additional, independent award of fees if, in any or all of the above consolidated, individual cases, counsel's necessary and reasonable expenditure of time, verified to the court, exceeds 10 "Gates"−compensated hours in any one month , or 100 "Gates"−compensated hours in any one calendar year ( signed by Magistrate Judge Jerry A. Davis on 2/4/99) COB # 84 pg. 26−28 Date of Entry: 2/8/99 (fcc) Modified on 02/09/1999 (Entered: 02/08/1999)
210 EMERGENCY MOTION to Intervene for the purpose of challenging adequacy of class representation by [MOORE CLASS MOVANTS re: 4:90CV125−JAD] to case(s) 4:71−cv−00006, Steven Houston in 4:71−cv−00006, Carl Lee Johnson in 4:71−cv−00006, Tobie Krohe in 4:71−cv−00006, Theodus Lindsey in 4:71−cv−00006, Steven G. Miller in 4:71−cv−00006, James Moffett in 4:71−cv−00006, Alfred Nelson in 4:71−cv−00006, Jesse Peters in 4:71−cv−00006, Robert Shaw in 4:71−cv−00006, Robert L. White in 4:71−cv−00006 (fcc) Modified on 03/23/1999
211 MOTION for Margaret Winter (LEAD) and Jerome Wesevich to Appear Pro Hac Vice in the "Moore" litigation 4:90cv125 (fcc)
Letter dtd 2/9/99, from Margaret Winter (Lead Counsel for Intervenor Plas) requesting "resume" of Dr. Cohen be inserted with his declaration as Exhibit A to the "Emergency Motion to Intervene...in the Moore litigation" re:Doc.#210 {Note: Resume inserted as requested} (fcc)
212 ORDER granting [211−1] motion for Margaret Winter (LEAD) and Jerome Wesevich to Appear Pro Hac Vice in association with Jane Hicks in the "Moore" litigation 4:90cv125, designating Margaret Winter as the LEAD counsel for intervenors , directing the Clerk and other counsel to include Atty Winter in the list of attys to be notified of any proceedings affecting the Moore subclass , setting deadline for dfts and "Moore" class counsel to respond to the "Emergency Motion to Intervene for the

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02/18/1999 02/18/1999 02/22/1999
02/22/1999 02/22/1999
02/22/1999 02/24/1999
02/24/1999 02/24/1999 03/01/1999 03/01/1999 03/03/1999

Purpose of Challenging Adequacy of Class Rep." until 2/19/99; counsel for intervenors may file a written reply by 5:00 p.m. at the close of second business day after receiving a response from either class counsel or dfts; the motion will be heard on 2/26/99 at 10:00 a.m., Aberdeen ( signed by Magistrate Judge Jerry A. Davis on 2/10/99) Date of Entry: 2/11/99 (fcc) Modified on 02/23/1999 (Entered: 02/22/1999)
(Copy) Intervening Plaintiffs, Tobie Krohe, et al, letter dtd 2/15/99, to Lead Atty, Margaret Winter, et al , as to status of case, placed in the file. (copies referred to Mag Judge Davis and Pro Se Clerk) (fcc)
213 ORDER denying pro se pla's motion in 3:98cv184−B−B, to intervene in "Givhan, et al vs. Puckett, et al; Cause No. 4:82cv64−JAD. ( signed by Magistrate Judge Jerry A. Davis on 2/17/99) Date of Entry: 2/18/99 (fcc)
214 RESPONSE by Court−Appointed Class Counsel in opposition to [210−1] motion to Intervene for the purpose of challenging adequacy of class representation by to case(s) 4:71−cv−00006, Steven Houston in 4:71−cv−00006, Carl Lee Johnson in 4:71−cv−00006, Tobie Krohe in 4:71−cv−00006, Theodus Lindsey in 4:71−cv−00006, Steven G. Miller in 4:71−cv−00006, James Moffett in 4:71−cv−00006, Alfred Nelson in 4:71−cv−00006, Jesse Peters in 4:71−cv−00006, Robert Shaw in 4:71−cv−00006, Robert L. White in 4:71−cv−00006 [Note: Response submitted in separate binder, marked accordingly] (fcc) Modified on 02/22/1999
215 MOTION by Court−Appointed Class Counsel for Appointment of HIV+ Treatment Expert Physician (fcc)
216 RESPONSE by Defendants in opposition to [210−1] motion to Intervene for the purpose of challenging adequacy of class representation by to case(s) 4:71−cv−00006, Steven Houston in 4:71−cv−00006, Carl Lee Johnson in 4:71−cv−00006, Tobie Krohe in 4:71−cv−00006, Theodus Lindsey in 4:71−cv−00006, Steven G. Miller in 4:71−cv−00006, James Moffett in 4:71−cv−00006, Alfred Nelson in 4:71−cv−00006, Jesse Peters in 4:71−cv−00006, Robert Shaw in 4:71−cv−00006, Robert L. White in 4:71−cv−00006 (fcc)
217 MOTION by Intervenors, Steven Houston, et al in 4:71−cv−00006 to Attend Hearing scheduled for 10:00 a.m., on February 26, 1999, on Intervenors' Emergency Motion (fcc)
218 REPLY by movant/Steven Houston, et al in 4:71−cv−00006 to response to [210−1] motion to Intervene for the purpose of challenging adequacy of class representation by to case(s) 4:71−cv−00006, Steven Houston in 4:71−cv−00006, Carl Lee Johnson in 4:71−cv−00006, Tobie Krohe in 4:71−cv−00006, Theodus Lindsey in 4:71−cv−00006, Steven G. Miller in 4:71−cv−00006, James Moffett in 4:71−cv−00006, Alfred Nelson in 4:71−cv−00006, Jesse Peters in 4:71−cv−00006, Robert Shaw in 4:71−cv−00006, Robert L. White in 4:71−cv−00006 (fcc) Modified on 09/28/1999
(Copy) Ltr. dtd 2/23/99, from Ron Welch, relative to Moore v. Fordice, No. 4:90cv125−JAD (HIV+ class at MSP Unit 28); Fence Dividing Unit 28 Yard (fcc)
(Copy) Ltr. 2/23/99, from Ron Welch relative Moore v. Fordice, No. 4:90cv125−JAD (HIV+ class at MSP Unit 28); Air Conditioning for Unit 28 (fcc)
219 MOTION by court−appointed class counsel in Limine on Hearing of "ACLU National Prison Project's Emergency Motion to Intervene on Behalf of Ten Dissident Class Members and Substitute Class Counsel" to prohibit Intervenors from calling appointed class counsel as a witness and to prohibit Intervenors from offering testimony of Dr. Robert Cohen other than live and in open court, etc. (fcc) Modified on 09/28/1999
220 NOTICE AND EXPLANATION OF EXHIBITS to be offered into evidence at March 25−26, 1999, Intervention Hrg, and Suggestion of "Middle Ground" Resolution for Substitution of Counsel Issue by Court−Appointed Class Counsel (fcc) Modified on 09/28/1999
Motion hearing re: [210−1] motion to Intervene for the purpose of challenging adequacy of class representation by to case(s) 4:71−cv−00006, Steven Houston in 4:71−cv−00006, Carl Lee Johnson in 4:71−cv−00006, Tobie Krohe in 4:71−cv−00006, Theodus Lindsey in 4:71−cv−00006, Steven G. Miller in 4:71−cv−00006, James Moffett in 4:71−cv−00006, Alfred Nelson in 4:71−cv−00006,

Case: 4:71-cv-6 As of: 10/19/2019 10:42 AM CDT 31 of 114

03/05/1999
03/08/1999
03/11/1999 03/15/1999
03/15/1999 03/15/1999 03/15/1999 03/16/1999
03/18/1999 03/19/1999 03/19/1999 03/23/1999 03/23/1999 03/23/1999 04/01/1999

Jesse Peters in 4:71−cv−00006, Robert Shaw in 4:71−cv−00006, Robert L. White in 4:71−cv−00006 set for video conferencing at 10:00 3/25/99 Location: Oxford before Magistrate Judge Jerry A. Davis (fcc) Modified on 03/19/1999 (Entered: 03/15/1999)
221 MOTION by 110 mbrs. of the Rule 23(b)(2) class certified in 4:71−cv−6, including all current "Moore" class representatives in 4:90cv125 for Preliminary Injunction to require dfts to provide HIV−positive prisoners w/constitutionally adequate medical care. {Note: requested atty's signature} (fcc) Modified on 09/28/1999 (Entered: 03/09/1999)
Letter dtd 3/4/99, from Court Appointed Class Counsel, Ron Welch, stating no objection to filing only in the LEAD case (4:71cv6−JAD) on matters involving the "Emergency Motion to Intervene on Behalf of Ten Disident Class Mbrs., etc.", in the Moore v. Fordice, Member Case (4:90cv125−JAD) [re: Clerk's Ltr. of Inquiry dtd 3/2/99] (fcc) Modified on 03/10/1999 (Entered: 03/09/1999)
222 VERIFIED MOTION by Court Appointed Class Counsel for Order Awarding Feb. 1999 Atty's Fees (fcc) Modified on 09/28/1999
223 [MOORE CLASS MOVANTS'] NOTICE OF MATTERS OFFERED INTO EVIDENCE, together with complete and true copies of Exhibits A through I (the entire large pleading is bound together, under separate cover, with Exhibits A, B, and H filed under "Seal" to protect the privacy of the class members' medical records) (fcc) Modified on 09/28/1999
224 AMENDED NOTICE AND EXPLANATION OF EXHIBITS to be offered into Evidence at March 25−26, 1999, Intervention Hearing by Court−Appointed Class Counsel [re: Doc.#215] (fcc) Modified on 09/28/1999
225 AMENDED NOTICE by Court−Appointed Class Counsel that plas' will not bring their "Verified Motion for Order Awarding February 1999 Atty's Fees" for hearing before Mag Judge Davis until after the March 25−26 Evid. Hrgs. (fcc) Modified on 09/28/1999
226 NOTICE/MOTION by Court Appointed Class Counsel for Class Action Administration Order Regulating Conduct of ACLU Counsel and Assoc. (fcc) Modified on 09/28/1999
227 RESPONSE [MOORE CLASS MOVANTS'] in opposition to [214−1] motion in Limine on Hearing of "ACLU National Prison Project's Emergency Motion to Intervene on Behalf of Ten Dissident Class Members and Substitute Class Counsel" to prohibit Intervenors from calling appointed class counsel as a witness and to prohibit Intervenors from offering testimony of Dr. Robert Cohen other than live and in open court, etc. (fcc) Modified on 09/28/1999
WRIT of HCAT issued March 17, 1999, to produce Willie Gaines #28009 and Robert Shaw #R5111 for hearing set for 3/25/99, Oxford, and return to MDOC. (fcc)
228 MOTION by Court−Appointed Counsel for Preliminary Injunction (fcc) Modified on 09/28/1999
229 CIVIL MINUTES for: Hrg. on Motion of Intervenors as of 2/26/99; Court Reporter: n/a; At the scheduled time for the hearing on the motion of intervenors, it was determined that the parties were not ready to proceed and the hearing was rescheduled for 10:00 a.m. on March 25, 1999, in Oxford. (fcc) Modified on 09/28/1999
230 OBJECTION by defendants to Exhibits Proposed by the Intervenors Re: [218−1] (fcc) Modified on 09/28/1999
231 DEFENDANTS' RESPONSE in opposition to [216−1] motion for Preliminary Injunction to require dfts to provide HIV−positive prisoners w/constitutionally adequate medical care. by Steven Houston (fcc) Modified on 09/28/1999
232 DECLARATION RESPONSE by Court−Appointed Class Counsel to ACLU Interrogatories [222−1] opposition response (fcc) Modified on 09/28/1999
233 ORDER, on opposed letter from the intervening parties seeking to postpone the hearing, denying request for continuance but postponing the start of the hearing from 1:00 p.m. to 2:00 p.m. on 4/1/99, etc. Motion Hearing reset for 2:00 4/1/99 for [210−1]

Case: 4:71-cv-6 As of: 10/19/2019 10:42 AM CDT 32 of 114

04/08/1999 04/13/1999 05/03/1999 05/03/1999 05/06/1999 05/10/1999 05/26/1999
06/03/1999 06/11/1999
06/24/1999 07/01/1999

motion to Intervene for the purpose of challenging adequacy of class representation by [MOORE CLASS MOVANTS re: 4:90CV125−JAD] to case(s) 4:71−cv−00006, Steven Houston in 4:71−cv−00006, Carl Lee Johnson in 4:71−cv−00006, Tobie Krohe in 4:71−cv−00006, Theodus Lindsey in 4:71−cv−00006, Steven G. Miller in 4:71−cv−00006, James Moffett in 4:71−cv−00006, Alfred Nelson in 4:71−cv−00006, Jesse Peters in 4:71−cv−00006, Robert Shaw in 4:71−cv−00006, Robert L. White in 4:71−cv−00006 ( signed by Magistrate Judge Jerry A. Davis on 3/30/99) Date of Entry: 3/31/99 (fcc) Modified on 09/28/1999 (Entered: 03/31/1999)
234 RE−NEWED MOTION by Mark Stevens in 4:71−cv−00006 to add his name to Class Action Keith Givhan, et al v. Steve Puckett, et al No. 4:92cv64, consol. w/Curtis Antonio Way, et al v. Steve Puckett, et al No. 4:95cv283 (fcc) Modified on 09/28/1999
235 VERIFIED MOTION by Ronald Reid Welch, Attorney for the Plaintiffs, Order Awarding March 1999 Attorney Fees (jta) Modified on 09/28/1999
236 VERIFIED MOTION by plaintiff counsel, Ron Welch, for Order Awarding April 1999 Attorney Fees (jta) Modified on 09/28/1999
237 MOTION by plaintiff counsel, Ron Welch, for Summary/Default Judgment On The Pleadings Awarding Attorney's Fees For February, March, and April 1999 (jta) Modified on 09/28/1999
238 DEFENDANTS' RESPONSE in opposition to [232−1] motion for Summary/Default Judgment On The Pleadings Awarding Attorney's Fees For February, March, and April 1999 in 4:71−cv−00006 (fcc) Modified on 09/28/1999
239 RE−NEWED MOTION by Mark Stevens in 4:71−cv−00006 to add his name to Class Action Keith Givhan, et al v. Steve Puckett, et al No. 4:92cv64, consol. w/Curtis Antonio Way, et al v. Steve Puckett, et al No. 4:95c283 [See Also: Doc.#200,#206,#229] (fcc) Modified on 09/28/1999
240 ORDER granting in part, denying in part [231−1] motion for Order Awarding April 1999 Attorney Fees, granting in part, denying in part [230−1] motion Order Awarding March 1999 Attorney Fees, granting in part, denying in part [217−1] motion for Order Awarding Feb. 1999 Atty's Fees, directing dfts to pay for compensable February, March, and April, 1999, services and expense reimbursement in these consolidated cases to Ronald Reid Welch, P.A. the sum of $20,101.33 no later than 20 days from the date of this order ( signed by Magistrate Judge Jerry A. Davis on 5/25/99) Date of Entry: 5/26/99 (fcc) Modified on 09/28/1999
241 ORDER directing court reporter, Cecily Faulkner, to transcribe the proceedings held on an emergency motion to intervene by the ACLU held on March 25 and 26 and April 1, 1999, before Magistrate Judge Jerry A. Davis; costs to be paid by the government. ( signed by Magistrate Judge Jerry A. Davis on 6/02/99) Date of Entry: 6/03/99 (fcc) Modified on 09/28/1999
242 ORDER denying [234−1] motion to add his name to Class Action Keith Givhan, et al v. Steve Puckett, et al No. 4:92cv64, consol. w/Curtis Antonio Way, et al v. Steve Puckett, et al No. 4:95c283 in 4:71−cv−00006, denying [229−1] motion to add his name to Class Action Keith Givhan, et al v. Steve Puckett, et al No. 4:92cv64, consol. w/Curtis Antonio Way, et al v. Steve Puckett, et al No. 4:95cv283 in 4:71−cv−00006, denying [206−1] motion to become a member in class action suit "Keith Givan, et al Lead Case No. 4:82cv64 and consol. w/Curtis Antonio Way, et al, No. 4:95cv283 " in 4:71−cv−00006, denying [200−1] motion to become a member in class action suit "Keith Givan, et al Lead Case No. 4:82cv64 and consol. w/Curtis Antonio Way, et al, No. 4:95cv283" in 4:71−cv−00006 ( signed by Magistrate Judge Jerry A. Davis on 6/10/99) Date of Entry: 6/11/99 (fcc) Modified on 09/28/1999
243 SUPPLEMENTAL EVIDENCE AND AUTHORITY in support of [216−1] motion for Preliminary Injunction to require dfts to provide HIV−positive prisoners w/constitutionally adequate medical care. by Steven Houston (fcc) Modified on 09/28/1999 (Entered: 06/25/1999)
244 RESPONSE by defendants in opposition to [238−1] support response (fcc) Modified on 09/28/1999

Case: 4:71-cv-6 As of: 10/19/2019 10:42 AM CDT 33 of 114

07/02/1999 07/07/1999 07/07/1999 07/12/1999 07/13/1999 07/13/1999 07/14/1999 07/15/1999 07/16/1999
07/19/1999 07/19/1999
07/19/1999

245 REJOINDER ON SUPPLEMENTAL PRELIMINARY INJUNCTION EVIDENCE by Steven Houston in 4:71−cv−00006 in support of [238−1] support response "Intervenor's Motion for Supplemental Evidence and Auth. in Support Class Motoin for PI" (fcc) Modified on 09/28/1999
Letter dated 7/6/99, from Class Counsel Ron Welch to Mag Judge Davis; Subject: "Report to the Court on MSP Unit 28 Camp Repairs Necessitating Temporary Transfer of Unit 28 HIV+ Inmates to Unit 23" (Placed in filed) (fcc)
320 REPORT (Letter dtd July 6, 1999) by Class Counsel to the Court on MSP Unit 28 Camp Repairs Necessitating Temporary Transfer of Unit 28 HIV+ Inmates to Unit 23 (fcc) (Entered: 01/11/2000)
246 Letter dtd 7/9/99, from Ron Welch, Class Counsel, to Magistrate Judge Davis regarding "Correction of Statement in ACLU Rejoinder on Supplemental Preliminary Injunction Evidence, dated 7/2/99" (fcc) Modified on 09/28/1999 (Entered: 07/13/1999)
247 MOTION for Donna H. Lee to Appear Pro Hac Vice in association with Jane Hicks and Margaret Winter attorneys for Plaintiff−Intervenors (fcc) Modified on 09/28/1999
248 AFFIDAVIT of Donna H. Lee in support of Re: [242−1] motion for Donna H. Lee to Appear Pro Hac Vice in association with Jane Hicks and Margaret Winter attorneys for Plaintiff−Intervenors in 4:71−cv−00006, 4:90−cv−00125 (fcc) Modified on 09/28/1999 (Entered: 07/14/1999)
249 ORDER granting [242−1] motion for Donna H. Lee to Appear Pro Hac Vice in association with Jane Hicks and Margaret Winter attorneys for Plaintiff−Intervenors in 4:71−cv−00006, 4:90−cv−00125 ( signed by Magistrate Judge Jerry A. Davis on 7/13/99) Date of Entry: 7/14/99 (fcc) Modified on 09/28/1999
250 SECOND REPORT Letter from class counsel, Ron Welch, dated 7/14/99, regarding MSP Unit 28 Camp Repairs and Temporary Transfer of Unit 28 HIV+ inmates to Unit 23 (fcc) Modified on 09/28/1999
251 MOTION (Allegations of Non−Compliance to New Inmate Access to the Court Program) by Robert E. Lewis in 4:71−cv−00006 to Supersede, Amend, or Supplement [153−1] order superseding, altering, and amending all prior orders of this court, pertaining to access to the court, to−wit: (1) adopting MDOC procedure for inmate access to the court as contained in Exhibit 1 to this order, (2) directing dfts to furnish a semiannual report to the court regarding tne newly instituted program, (3) directing a copy of this semiannual report be provided to plas' class counsel who shall file w/i 30 da. his report to the court concerning the adequacy of the program, etc., (4) directing dfts to be vigilant in their efforts to assure special assistance to illiterate and functionally illiterate inmates, (5) reserving the right to supersede, amend, or supplement this order on 5 da. notice to either party if this court perceives the newly instituted system is denying meaningful access to the courts of meritorious claims of the inmates (fcc) Modified on 09/28/1999 (Entered: 07/21/1999)
252 MEMORANDUM OPINION ( signed by Magistrate Judge Jerry A. Davis on 7/16/99) (fcc) Modified on 09/28/1999
253 ORDER granting [223−1] motion for Preliminary Injunction in 4:71−cv−00006, granting [216−1] motion for Preliminary Injunction to require dfts to provide HIV−positive prisoners w/constitutionally adequate medical care. in 4:71−cv−00006, directing that all inmates not currently on triple drug therapy shall be tested for viral load w/i 14 da. and placed on the appropriate triple drug therapy, as indicated , that dfts shall adopt written protocols to implement the standard of care for the treatment of HIV+ inmates w/i 30 da., etc. , that Dr. Stanley Chapman shall file reports with this court on dfts' progress in implementing the required treatment of HIV+ inmates, etc. , that upon proper documentation, Class Counsel may file a motion for judicial enforcement of this order , that IAW 18 USC Sec.3626(a), this court will entertain a motion by any party to enter an injunction succeeding or modifying this order ( signed by Magistrate Judge Jerry A. Davis on 7/16/99) COB # 84 pg. 248−249 Date of Entry: 7/19/99 (fcc) Modified on 09/28/1999
254 TRANSCRIPT filed (Vols. I & II) of Emergency Motion to Intervene, taken before Magistrate Judge Jerry A. Davis for dates of March 25−26, 1999 (re: Doc.#210) (fcc)

Case: 4:71-cv-6 As of: 10/19/2019 10:42 AM CDT 34 of 114

07/22/1999 07/22/1999 07/23/1999 07/29/1999
08/04/1999 08/05/1999 08/05/1999 08/09/1999 08/10/1999 08/10/1999 08/10/1999
08/17/1999

Modified on 09/28/1999
255 MOTION by attorneys for movants to Extend Time to file a motion for costs and attorney's fees (fcc) Modified on 09/28/1999
256 AFFIDAVIT of Harold Ray Presley Re: Confirming Conditions of Compliance for the Lee County Work Center (fcc) Modified on 09/28/1999 (Entered: 07/26/1999)
257 NOTICE OF REQUEST (Letter from Ronald Reid Welch to Judge Jerry Davis) That MDOC Refuse ACLU National Prison Project Permission To Interview Members of Moore and Gates Classes Without Prior Order Of The Court. (jta) Modified on 09/28/1999
258 ORDER denying [249−1] motion to Supersede, Amend, or Supplement [153−1] order superseding, altering, and amending all prior orders of this court, pertaining to access to the court, to−wit: (1) adopting MDOC procedure for inmate access to the court as contained in Exhibit 1 to this order, (2) directing dfts to furnish a semiannual report to the court regarding tne newly instituted program, (3) directing a copy of this semiannual report be provided to plas' class counsel who shall file w/i 30 da. his report to the court concerning the adequacy of the program, etc., (4) directing dfts to be vigilant in their efforts to assure special assistance to illiterate and functionally illiterate inmates, (5) reserving the right to supersede, amend, or supplement this order on 5 da. notice to either party if this court perceives the newly instituted system is denying meaningful access to the courts of meritorious claims of the inmates ( signed by Magistrate Judge Jerry A. Davis on 7/27/99) Date of Entry: 7/30/99 (fcc) Modified on 09/28/1999 (Entered: 07/30/1999)
259 VERIFIED MOTION by plaintiffs for Order Awarding May, June, and July 1999 Atty's Fees and Brief in Support (fcc) Modified on 09/28/1999 (Entered: 08/05/1999)
260 MOTION by pla movants Steven Houston, et al in 4:71−cv−00006; 4:90cv125 for clarification of court's ruling regarding communication between the ACLU Ntl. Prison Proj. and Moore Class Mbrs w/request for expedited consideration (fcc) Modified on 09/28/1999
261 Defendants' MDOC Report to the Court (fcc) Modified on 09/28/1999 (Entered: 08/10/1999)
262 RENEWED MOTION by "Moore plaintiffs" through court−appointed class counsel for Appointment of an Independent HIV+ Treatment Expert Physician (fcc) Modified on 09/28/1999 (Entered: 08/11/1999)
263 ORDER granting [250−1] motion to Extend Time to file a motion for costs and attorney's fees, granting plas' until 8/30/99 to file a motion for costs and atty fees ( signed by Magistrate Judge Jerry A. Davis on 8/6/99) Date of Entry: 8/11/99 (fcc) Modified on 09/28/1999 (Entered: 08/11/1999)
264 ORDER denying [255−1] motion for clarification of court's ruling regarding communication between the ACLU Ntl. Prison Proj. and Moore Class Mbrs w/request for expedited consideration ( signed by Magistrate Judge Jerry A. Davis on 8/6/99) COB # 85 pg. 7 Date of Entry: 8/11/99 (fcc) Modified on 09/28/1999 (Entered: 08/11/1999)
265 ORDER denying [210−1] motion to Intervene for the purpose of challenging adequacy of class representation by [MOORE CLASS MOVANTS re: 4:90CV125−JAD] to case(s) 4:71−cv−00006, Steven Houston in 4:71−cv−00006, Carl Lee Johnson in 4:71−cv−00006, Tobie Krohe in 4:71−cv−00006, Theodus Lindsey in 4:71−cv−00006, Steven G. Miller in 4:71−cv−00006, James Moffett in 4:71−cv−00006, Alfred Nelson in 4:71−cv−00006, Jesse Peters in 4:71−cv−00006, Robert Shaw in 4:71−cv−00006, Robert L. White in 4:71−cv−00006 ( signed by Magistrate Judge Jerry A. Davis on 8/6/99) COB # 85 pg. 8 Date of Entry: 8/11/99 (fcc) Modified on 09/28/1999 (Entered: 08/11/1999)
266 DEFENDANTS' RESPONSE in opposition to [257−1] renewed motion for Appointment of an Independent HIV+ Treatment Expert Physician (fcc) Modified on 09/28/1999 (Entered: 08/18/1999)

Case: 4:71-cv-6 As of: 10/19/2019 10:42 AM CDT 35 of 114

08/18/1999 08/20/1999 08/23/1999
08/30/1999 08/31/1999 09/02/1999
09/02/1999 09/03/1999 09/08/1999 09/08/1999 09/08/1999 09/10/1999
09/10/1999
09/13/1999 09/16/1999
09/16/1999 09/20/1999

267 Defendants' Report to the Court in compliance with order dated 7/16/99, Section (2) (fcc) Modified on 09/28/1999 (Entered: 08/19/1999)
268 THIRD REPORT of Class Counsel to Court on Temporary Housing of Moore Class Members in MSP Unit 23 Pending Repairs to MSP Unit 28 (fcc) Modified on 09/28/1999
269 ORDER granting [254−1] motion for Order Awarding May, June, and July 1999 Atty's Fees, directing dfts to pay Ronald Reid Welch, P.A., the sum of $9,446.97 NLT 15 da. from the date of this order ( signed by Magistrate Judge Jerry A. Davis on 8/20/99) COB # 85 pg. 32−33 Date of Entry: 8/23/99 (fcc) Modified on 09/28/1999
270 MOTION by (proposed intervenors') Steven Houston, et al in 4:71−cv−6 consolidated w/4:90cv125 for attorneys' fees (fcc) Modified on 09/28/1999 (Entered: 08/31/1999)
271 Plas' Class Counsel (Ron Welch) Summary Status Report dtd 8/30/99, to the Court on All Consolidated Cases: 4:71cv6 (LEAD); 4:73cv76; 4:82cv64; 4:95cv283; 4:90cv125 (fcc) Modified on 09/28/1999
272 NOTICE OF APPEAL of [260−1] order in 4:71−cv−00006 by Robert Shaw in 4:71−cv−00006, Willie Gaines in 4:90cv125, Martin Groot in 4:90−cv−00125 and others. Appeal record due on 10/2/99 in 4:71−cv−00006, in 4:90−cv−00125 (fcc) Modified on 09/28/1999
Notice of Appeal and certified copy of docket to USCA: [267−1] appeal by Martin Groot, Robert Shaw, Willie Gaines and others in 4:71−cv−00006, [78−1] appeal by Martin Groot, Robert Shaw, Willie Gaines and others in 4:90−cv−00125 (fcc)
Filing Fee Paid on appeal "Moore v. Fordice"; FILING FEE $ 105.00 RECEIPT # 51454 (fcc)
273 AMENDATORY ORDER changing State Inmate Capacity at the New Grenada County Jail. ( signed by Magistrate Judge Jerry A. Davis on 9/7/99) Date of Entry: 9/08/99 (fcc) Modified on 09/28/1999
274 VERIFIED MOTION by Plas' Court Appointed Class Counsel for Order Awarding May, June, and July 1999 Atty's Fees (fcc) Modified on 09/28/1999
275 DEFENDANTS' MOTION to Extend Time to Respond to Proposed Interventors' Motion for Attys' Fees (re:Doc.#265,#76) (fcc) Modified on 09/28/1999
Transcript requested of 2/26/99 hearing before Magistrate Jerry A. Davis [267−1] appeal by Martin Groot, Robert Shaw in 4:71−cv−00006, [78−1] appeal by Martin Groot, Robert Shaw in 4:90−cv−00125 Transcript due 10/10/99 in 4:71−cv−00006, in 4:90−cv−00125 (fcc)
Transcript requested of Status Conference held 11/17/93 before Magistrate Judge Jerry A. Davis [267−1] appeal by Martin Groot, Robert Shaw in 4:71−cv−00006, [78−1] appeal by Martin Groot, Robert Shaw in 4:90−cv−00125 Transcript due 10/10/99 in 4:71−cv−00006, in 4:90−cv−00125 (fcc)
276 Letter response dtd 9/9/99, from Class Counsel Ron Welch to Fifty−one "Moore" Class Members, regarding "Petition" letter of August 25, 1999 (Moore v. Fordice (HIV+ treatment and HIV+ status issues) (fcc) Modified on 09/28/1999
277 ORDER granting [270−1] motion to Extend Time to Respond to Proposed Interventors' Motion for Attys' Fees in 4:71−cv−00006, 4:90−cv−00125, granting [75−1] motion to Extend Time to file a motion for costs and attorney's fees in 4:90−cv−00125, Response to Motion reset to 10/6/99 in 4:71−cv−00006, in 4:90−cv−00125 for [265−1] motion for attorneys' fees in 4:71−cv−00006, reset to 10/6/99 in 4:71−cv−00006, in 4:90−cv−00125 for [76−1] motion for attorneys' fees in 4:90−cv−00125 ( signed by Magistrate Judge Jerry A. Davis on 9/15/99) Date of Entry: 9/16/99 (fcc) Modified on 09/28/1999
278 DEFENDANTS' REPORT TO THE COURT in accordance with court's order dated 7/16/99 re: Doc.#247 (fcc) Modified on 09/28/1999
USCA Case Number Re: [267−1] appeal by Martin Groot, Robert Shaw in 4:71−cv−00006, [78−1] appeal by Martin Groot, Robert Shaw by Willie Gaines in

Case: 4:71-cv-6 As of: 10/19/2019 10:42 AM CDT 36 of 114

09/26/1999 09/30/1999 09/30/1999
09/30/1999
10/05/1999 10/08/1999 10/08/1999 10/08/1999 10/13/1999 10/13/1999 10/15/1999 10/15/1999 10/29/1999 11/02/1999

4:90−cv−00125 USCA NUMBER: 99−60609 (fcc)
279 RESPONSE in opposition to [274−1] motion for Order Awarding May, June, and July 1999 Atty's Fees in 4:71−cv−00006, [76−1] motion for attorneys' fees by Steven Houston in 4:90−cv−00125 (fcc) (Entered: 09/28/1999)
280 TRANSCRIPT filed of Status Conference held before Magistrate Judge Jerry A. Davis for dates of November 17, 1993 (fcc)
281 ORDER granting [274−1] motion for Order Awarding May, June, and July 1999 Atty's Fees, directing dfts to pay Ronald Reid Welch, P.A., for compensable August, 1999, services and expenses in these consolidated cases, the FLAT RATE sum of $14,800.00 NLT 15 da. from the date of this order. ( signed by Magistrate Judge Jerry A. Davis on 9/29/99) Date of Entry: 9/30/99 (fcc)
282 ORDER denying [199−1] motion to become a member in class action suit "Keith Givan, et al Lead Case No. 4:82cv64 and consol. w/Curtis Antonio Way, et al, No. 4:95cv283", denying [198−1] motion to become a member in class action suit "Keith Givan, et al Lead Case No. 4:82cv64 and consol. w/Curtis Antonio Way, et al, No. 4:95cv283", denying [197−1] motion to become a member in Class Action suit Keith Givhan, et al v. Steve Puckett, et al, Lead Case no. 4:82cv64, consol/with Curtis Antonio Way, et al v. Steve Puckett, et al no. 4:95cv283, denying [196−1] motion to become a member in class action suit "Keith Givan, et al Lead Case No. 4:82cv64 and consol. w/Curtis Antonio Way, et al No. 4:95cv283", denying [195−1] motion to become a member in class action suit "Keith Givan, et al Lead Case No. 4:82cv64 and consol. w/Curtis Antonio Way, et al No. 4:95cv283", denying [194−1] motion to become a member in class action suit "Keith Givan, et al Lead Case No. 4:82cv64 and consol. w/Curtis Antonio Way, et al No. 4:95cv283", denying [193−1] motion to become a member in class action suit "Keith Givan, et al Lead Case No. 4:82cv64 and consol. w/ Curtis Antonio Way, et al No. 4:95cv283", directing the clerk to forward copies of these motions to class counsel, Ron Welch, for whatever action he deems appropriate ( signed by Magistrate Judge Jerry A. Davis on 9/29/99) COB # 85 pg. 115 Date of Entry: 9/30/99 (fcc) Modified on 10/01/1999
283 VERIFIED MOTION by Nazareth Gates, et al in 4:71−cv−00006 for Order Awarding September 1999 Attorney's Fees and Brief in Support (fcc) Modified on 10/06/1999
284 TRANSCRIPT filed of proceedings held before Magistrate Judge Davis (Emergency Motion to Intervene) for dates of February 26, 1999, (fcc)
Certified and transmitted Record on Appeal to U.S. Court of Appeals: [272−1] appeal by Martin Groot, Robert Shaw in 4:71−cv−00006, [78−1] appeal by Martin Groot, Robert Shaw in 4:90−cv−00125 (fcc)
285 MEMORANDUM in support of [270−1] motion for attorneys' fees by Steven Houston (fcc)
286 Report on ACLU Counsel's Conduct in Response to Leonard Vincent's letter to Margaret Winter, Esq., dated October 7, 1999 (fcc)
287 Class Counsel's updated letter report dated 10/9/99, regarding conduct of ACLU counsel as reported by Mr. Vincent's letter of October 7, 1999. (fcc)
USCA Case Number Re: [272−1] appeal by Martin Groot, Robert Shaw in 4:71−cv−00006, [78−1] appeal by Martin Groot, Robert Shaw in 4:90−cv−00125 USCA NUMBER: 99−60609 (fcc)
288 Follow−up Letter Report dated 10/14/99, from Atty for Class Counsel regarding his notice of intent not to respond to ACLU report/requests alleging class member complaints (fcc) (Entered: 10/18/1999)
289 Class Counsel's Letter dtd 10/28/99, Final Follow Up Report to the Court in Gates v. Collier, No. 4:71cv6−JAD, consol. w/Moore v. Fordice, No. 4:90cv125−JAD (fcc)
290 VERIFIED MOTION for Order Awarding October 1999 Attorney's Fees (fcc) (Entered: 11/04/1999)

Case: 4:71-cv-6 As of: 10/19/2019 10:42 AM CDT 37 of 114

11/03/1999 11/09/1999 11/12/1999 11/15/1999 11/16/1999
11/17/1999 12/03/1999 12/09/1999 12/09/1999 12/09/1999 12/09/1999
12/09/1999
12/13/1999
12/14/1999 12/17/1999
12/17/1999

291 ORDER granting [283−1] motion for Order Awarding September 1999 Attorney's Fees and Brief in Support ( signed by Magistrate Judge Jerry A. Davis on 11/02/99) Date of Entry: 11/4/99 (fcc) (Entered: 11/04/1999)
Transmitted Supplemental Record on Appeal: [272−1] appeal by Willie Gaines, Martin Groot, Robert Shaw in 4:71−cv−00006, [78−1] appeal by Willie Gaines, Martin Groot, Robert Shaw in 4:90−cv−00125 (See: Letter dtd 11/9/99) (fcc)
Class Counsel's Update Report dtd 11/10/99, on Subject Matter of 9/9/99 Ltr. Responding to Concerns Expressed in "Fifty One Moore Class Mbrs." Petition Letter of 8/25/99 (fcc)
NOTICE of Docketing "Supplemental" ROA dtd 11/10/99, from USCA Re: [272−1] appeal by Martin Groot, Robert Shaw USCA Number: 99−60609 (fcc)
292 ORDER granting [290−1] motion for Order Awarding October 1999 Attorney's Fees, directing dfts to pay compensable expenses and services to Ronald R. Welch, the Flat Rate sum of $6,650.00 NLT 15 da. from the date of this order ( signed by Magistrate Judge Jerry A. Davis on 11/15/99) Date of Entry: 11/16/99 (fcc)
293 DEFENDANTS' REPORT TO THE COURT to [253−1] order dated July 16, 1999, in section (2)... (fcc)
294 VERIFIED MOTION by Nazareth Gates, et al in 4:71−cv−00006 for Awarding November 1999 Attorney Fees (fcc) (Entered: 12/09/1999)
295 MOTION by Willie Naylor in 4:90−cv−00125, Martin Groot in 4:90−cv−00125 for Margaret Winter to Appear Pro Hac Vice with Jane Hicks (fcc)
296 DECLARATION of Margaret Winter in support of Motion for Admission Pro Hac Vice (RE: Doc.#295) (fcc)
297 RENEWED MOTION by Willie Naylor in 4:90−cv−00125, Martin Groot in 4:90−cv−00125 for ACLU National Prison Project to substitute as counsel for the class of HIV−positive prisoners at MDOC (fcc) Modified on 12/21/1999
298 RENEWED MOTION by Steven Houston in 4:71−cv−00006, Carl Lee Johnson in 4:71−cv−00006, Robert Shaw in 4:71−cv−00006, Robert L. White in 4:71−cv−00006 to allow the ACLU National Prison Project to represent the interest of the HIV−positive inmates at Parchman and to Intervene by Otis Fairley in 4:90−cv−00125 (fcc) Modified on 12/21/1999
299 Copy of Ltr. dtd 12/6/99, from class counsel Ron Welch to Sheriff Ed Prescott and Sheriff−Elect Butch Howard, Lowndes County Sheriff's Dpt., SUBJECT: Request for Compliance by Providing Increased Staffing and Observing Capacity of Lowndes County Detention Center (fcc)
344 Letter dtd 12/13/99, from Margaret Winter requesting removal of a confidential and privileged document inadvertently attached to the Declaration of Margaret Winter, being a one−page affidavit by a single inmate, notarized 11/29/99, (removed and returned to atty as requested − see Clerk's letter dtd 12/13/99) (fcc) Modified on 02/15/2000 (Entered: 12/14/1999)
300 MOTION by Court appointed Moore class counsel in 4:90−cv−00125 to supplement the record on appeal and for expedited ruling on motion (fcc)
301 ORDER granting [300−1] motion to supplement the record on appeal and for expedited ruling on motion in 4:71−cv−00006, granting [88−1] motion to supplement the record on appeal and for expedited ruling on motion in 4:90−cv−00125, directing the clerk of court to prepare a supplement of the record on appeal, as soon as possible, containing the entirety of all of the docket sheet items requested ( signed by Magistrate Judge Jerry A. Davis on 12/16/99) Date of Entry: 12/17/99 (fcc)
302 ORDER granting [294−1] motion for Awarding November 1999 Attorney Fees, directing dfts to pay Ronald Reid Welch, P.A., the FLAT RATE sum of $6,200.00 NLT 15 da. from the date of this order ( signed by Magistrate Judge Jerry A. Davis on 12/16/99) Date of Entry: 12/17/99 (fcc)

Case: 4:71-cv-6 As of: 10/19/2019 10:42 AM CDT 38 of 114

12/17/1999 12/17/1999
12/20/1999 12/20/1999
12/20/1999 12/21/1999
12/23/1999
12/29/1999 12/29/1999 12/30/1999

303 ORDER approving ore tenus motion of defendants and plaintiffs for order approving New Tate County Jail for the Housing of State Prisoners in Senatobia. ( signed by Magistrate Judge Jerry A. Davis on 12/16/99) Date of Entry: 12/17/99 (fcc)
304 DECLARATION AND RESPONSE of Court Appointed Counsel in Nazareth Gates in 4:71−cv−00006, David Darrell Moore in 4:90−cv−00125 in opposition to [298−1] motion to allow the ACLU National Prison Project to represent the interest of the HIV−positive inmates at Parchman and to Intervene by Otis Fairley in 4:90−cv−00125 by Robert L. White, Robert Shaw, Carl Lee Johnson, Steven Houston in 4:71−cv−00006, [297−1] motion for ACLU National Prison Project to substitute as counsel for the class of HIV−positive prisoners at MDOC by Martin Groot, Willie Naylor in 4:71−cv−00006 (fcc) (Entered: 12/20/1999)
305 MOTION by Nazareth (nmi) Gates in 4:71−cv−00006, David Darrell Moore in 4:90−cv−00125 in Limine to Dismiss Renewed Motion for Substitution/Intervention and to Impose Sanctions re: Doc.#297/#298 (fcc) Modified on 12/21/1999 (Entered: 12/21/1999)
306 RESPONSE by Nazareth Gates in 4:71−cv−00006, David Darrell Moore in 4:90−cv−00125 in opposition to [298−1] motion to allow the ACLU National Prison Project to represent the interest of the HIV−positive inmates at Parchman and to Intervene by Otis Fairley in 4:90−cv−00125 by Robert L. White, Robert Shaw, Carl Lee Johnson, Steven Houston in 4:71−cv−00006, [297−1] motion for ACLU National Prison Project to substitute as counsel for the class of HIV−positive prisoners at MDOC by Martin Groot, Willie Naylor in 4:71−cv−00006 (fcc) (Entered: 12/21/1999)
307 Copy of Class Counsel's letter dtd 12/28/99, regarding letter dtd 12/13/99, from Margaret Winter relative to a prisoner class member movant's affidavit filed in Exhibit A (fcc) (Entered: 12/21/1999)
308 SUPPLEMENTAL AFFIRMATIVE RESPONSES by Nazareth Gates in 4:71−cv−00006, David Darrell Moore in 4:90−cv−00125 in opposition to [298−1] motion to allow the ACLU National Prison Project to represent the interest of the HIV−positive inmates at Parchman and to Intervene by Otis Fairley in 4:90−cv−00125 by Robert L. White, Robert Shaw, Carl Lee Johnson, Steven Houston in 4:71−cv−00006, [297−1] motion for ACLU National Prison Project to substitute as counsel for the class of HIV−positive prisoners at MDOC by Martin Groot, Willie Naylor in 4:71−cv−00006 (fcc) Modified on 12/21/1999
309 SECOND SUPPLEMENTAL AFFIRMATIVE RESPONSES by Nazareth Gates in 4:71−cv−00006, David Darrell Moore in 4:90−cv−00125 in opposition to [298−1] motion to allow the ACLU National Prison Project to represent the interest of the HIV−positive inmates at Parchman and to Intervene by Otis Fairley in 4:90−cv−00125 by Robert L. White, Robert Shaw, Carl Lee Johnson, Steven Houston in 4:71−cv−00006, [297−1] motion for ACLU National Prison Project to substitute as counsel for the class of HIV−positive prisoners at MDOC by Martin Groot, Willie Naylor in 4:71−cv−00006 (fcc) (Entered: 12/27/1999)
310 LETTER RESPONSE dtd 12/27/99, by Class Counsel to the HIV+ Moore Class Housed in MSP Unit 28, November 1999 Petition Numbering Nine Reasons for Belief that Class Counsel Ronald Welch Does Not Represent "Our Interests" (fcc)
ACKNOWLEDGEMENT OF RECEIPT of returned document via cert. mail by Margaret Winter, ACLUF to [0−0] remark in 4:71−cv−00006 (re: Clerk's letter dtd 12/13/99) (fcc)
311 REPLY by Steven Houston in 4:71−cv−00006, Carl Lee Johnson in 4:71−cv−00006, Robert Shaw in 4:71−cv−00006, Robert L. White in 4:71−cv−00006, Willie Naylor in 4:90−cv−00125, Martin Groot in 4:90−cv−00125 to response to [298−1] motion to allow the ACLU National Prison Project to represent the interest of the HIV−positive inmates at Parchman and to Intervene by Otis Fairley in 4:90−cv−00125 by Robert L. White, Robert Shaw, Carl Lee Johnson, Steven Houston in 4:71−cv−00006, 4:90−cv−00125, [297−1] motion for ACLU National Prison Project to substitute as counsel for the class of HIV−positive prisoners at MDOC by Martin Groot, Willie Naylor in 4:71−cv−00006, 4:90−cv−00125 (fcc)

Case: 4:71-cv-6 As of: 10/19/2019 10:42 AM CDT 39 of 114

01/03/2000 01/05/2000
01/06/2000 01/06/2000 01/06/2000
01/06/2000 01/07/2000 01/07/2000 01/10/2000
01/12/2000 01/18/2000
01/19/2000 01/19/2000

312 VERIFIED MOTION by Class Counsel in 4:71−cv−00006, 4:90cv125; 4:82cv64 for order Awarding December 1999 Atty's Fees (fcc) (Entered: 01/07/2000)
313 JANUARY 3, 2000, SUPPLEMENTAL DECLARATION IN RESPONSE by Nazareth Gates in 4:71−cv−00006, David Darrell Moore in 4:90−cv−00125 in opposition to [298−1] motion to allow the ACLU National Prison Project to represent the interest of the HIV−positive inmates at Parchman and to Intervene by Otis Fairley in 4:90−cv−00125 by Robert L. White, Robert Shaw, Carl Lee Johnson, Steven Houston in 4:71−cv−00006, [297−1] motion for ACLU National Prison Project to substitute as counsel for the class of HIV−positive prisoners at MDOC by Martin Groot, Willie Naylor in 4:71−cv−00006 (fcc) (Entered: 01/07/2000)
314 ORDER, for ACLU to Show Cause on raised serious ethical questions regarding inmates at MSP hearing set at 1:00 p.m. 1/7/2000, Aberdeen, as to why sanctions should not be imposed ( signed by Magistrate Judge Jerry A. Davis on 1/5/00) Date of Entry: 1/7/00 (fcc) (Entered: 01/07/2000)
315 ORDER prohibiting the lawyers for the National Prison Project from contacting class members until the court has ruled on pending motions to substitute class counsel. ( signed by Magistrate Judge Jerry A. Davis on 1/5/00) Date of Entry: 1/7/00 (fcc) (Entered: 01/07/2000)
316 JANUARY 5, 2000, SUPPLEMENTAL DECLARATION IN RESPONSE by Class Counsel Nazareth Gates in 4:71−cv−00006, David Darrell Moore in 4:90−cv−00125 in opposition to [298−1] motion to allow the ACLU National Prison Project to represent the interest of the HIV−positive inmates at Parchman and to Intervene by Otis Fairley in 4:90−cv−00125 by Robert L. White, Robert Shaw, Carl Lee Johnson, Steven Houston in 4:71−cv−00006, [297−1] motion for ACLU National Prison Project to substitute as counsel for the class of HIV−positive prisoners at MDOC by Martin Groot, Willie Naylor in 4:71−cv−00006 (fcc) (Entered: 01/07/2000)
317 MOTION by Movants−Appellants Steven Houston in 4:71−cv−00006, Carl Lee Johnson in 4:71−cv−00006, Robert Shaw in 4:71−cv−00006, Robert L. White in 4:71−cv−00006 for Correction of the Record on Appeal and to Expedite Ruling on Motion (fcc) (Entered: 01/07/2000)
Show Cause Hearing set at 1:00 1/7/00 in 4:71−cv−00006, in 4:90−cv−00125 before Magistrate Judge Jerry A. Davis (fcc)
318 "CORRECTED" VERIFIED MOTION by class counsel for Order Awarding December 1999 Attorney's Fees (fcc) Modified on 01/20/2000 (Entered: 01/10/2000)
319 ORDER, granting request of ACLU counsel, Robert B. McDuff, and continuing show cause hearing scheduled for January 7, 2000; and rescheduling hearing for 1:00 p.m., February 4, 2000, Oxford reset Show Cause Hearing for 1:00 2/4/00, Oxford in 4:71−cv−00006, in 4:90−cv−00125 , directing counsel for ACLU to file a written response to the court's show cause order by January 18 , any other party shall file their written responses by January 25, 2000 ( signed by Magistrate Judge Jerry A. Davis on 1/6/00) Date of Entry: 1/10/00 (fcc) Modified on 03/25/2002
Transmitted Supplemental Record on Appeal: [272−1] appeal by Martin Groot, Robert Shaw in 4:71−cv−00006, [78−1] appeal by Martin Groot, Robert Shaw in 4:90−cv−00125 (re: Doc.#301 (See Also: Clerk's Ltr. dtd 1/12/00) (fcc)
321 ORDER granting [317−1] motion for Correction of the Record on Appeal and to Expedite Ruling on Motion in 4:71−cv−00006, granting [102−1] motion for Correction of the Record on Appeal and to Expedite Ruling on Motion in 4:90−cv−00125, directing the clerk to prepare a Supplement to the Record on Appeal, consisting of docket No. 276, "Letter dated 9/9/99, from Class Counsel Ron Welch to Fifty−One 'Moore' Class Members'", entered 9/13/99, etc. ( signed by Magistrate Judge Jerry A. Davis on 1/18/00) Date of Entry: 1/19/00 (fcc) (Entered: 01/19/2000)
Transmitted Supplemental Record on Appeal: [272−1] appeal by Martin Groot, Robert Shaw in 4:71−cv−00006, [78−1] appeal by Martin Groot, Robert Shaw in 4:90−cv−00125 (re:Doc.#321) (fcc)
322 ORDER denying request of Robert White, an HIV+ inmate at MSP, for a lie detector test to show his innocence of the conduct that resulted in his being placed in

Case: 4:71-cv-6 As of: 10/19/2019 10:42 AM CDT 40 of 114

01/19/2000
01/19/2000
01/20/2000
01/24/2000 01/24/2000 01/25/2000 01/25/2000 01/27/2000 01/28/2000 01/31/2000 02/02/2000
02/02/2000 02/03/2000 02/07/2000

lock−down status. ( signed by Magistrate Judge Jerry A. Davis on 1/14/00) Date of Entry: 1/19/00 (fcc)
323 RESPONSE by Nazareth (nmi) Gates in 4:71−cv−00006, David Darrell Moore in 4:90−cv−00125 in opposition to [317−1] motion for Correction of the Record on Appeal and to Expedite Ruling on Motion by Robert L. White, Robert Shaw, Carl Lee Johnson, Steven Houston in 4:71−cv−00006, [102−1] motion for Correction of the Record on Appeal and to Expedite Ruling on Motion by Robert L. White, Robert Shaw, Carl Lee Johnson, Steven Houston in 4:90−cv−00125 (fcc)
324 RESPONSE by counsel for Respondents to [319−1] order reset Show Cause Hearing for 1:00 2/4/00, Oxford in 4:71−cv−00006, in 4:90−cv−00125 in 4:71−cv−00006, [103−1] order reset Show Cause Hearing for 1:00 2/4/00, Oxford in 4:71−cv−00006, in 4:90−cv−00125 in 4:90−cv−00125 (Note: Document separated from the record in its own binder) (fcc) Modified on 01/19/2000
325 ORDER granting [318−1] motion for Order Awarding December 1999 Attorney's Fees, granting [312−1] motion for order Awarding December 1999 Atty's Fees, directing dfts to pay Ronald Reid Welch, P.A., the FLAT RATE sum of $10,800.00 no later than 15 days from the date of this order ( signed by Magistrate Judge Jerry A. Davis on 1/19/00) Date of Entry: 1/20/00 (fcc)
326 RESPONSE by T. H. Freeland, III to [319−1] order reset Show Cause Hearing for 1:00 2/4/00, Oxford in 4:71−cv−00006, in 4:90−cv−00125 (fcc)
NOTICE of Docketing Supplemental ROA dtd 1/12/00, from USCA Re: [272−1] appeal by Martin Groot, Robert Shaw in 4:71−cv−00006, [78−1] appeal by Martin Groot, Robert Shaw in 4:90−cv−00125 USCA Number: 99−60609 (fcc)
327 JANUARY 23, 2000 DECLARATION OF COURT−APPOINTED COUNSEL IN REPLY to [324−1] response (fcc)
328 "CORRECTED" JANUARY 23, 2000, DECLARATION OF COURT−APPOINTED CLASS COUNSEL IN REPLY to [324−1] response (fcc)
NOTICE of Docketing Supplemental ROA dtd January 19, 2000, from USCA Re: [272−1] appeal by Martin Groot, Robert Shaw in 4:71−cv−00006, [78−1] appeal by Martin Groot, Robert Shaw in 4:90−cv−00125 USCA Number: 99−60609 (fcc)
329 PLA'S REPLY TO SHOW CAUSE RESPONSE to [324−1] response in 4:71−cv−00006, [107−1] response in 4:90−cv−00125 (fcc) (Entered: 01/31/2000)
330 JANUARY 28, 2000 SUPLEMENTAL DECLARATION OF COURT APPOINTED CLASS COUNSEL IN REPLY TO SHOW CAUSE RESPONSE to [329−1] response in 4:71−cv−00006, [108−1] response in 4:90−cv−00125 (fcc)
331 ORDER denying [305−1] motion in Limine to Dismiss Renewed Motion for Substitution/Intervention and to Impose Sanctions in 4:71−cv−00006, 4:90−cv−00125 denying [298−1] motion to allow the ACLU National Prison Project to represent the interest of the HIV−positive inmates at Parchman and to Intervene by Otis Fairley in 4:90−cv−00125 in 4:71−cv−00006, 4:90−cv−00125, denying [297−1] motion for ACLU National Prison Project to substitute as counsel for the class of HIV−positive prisoners at MDOC in 4:71−cv−00006, 4:90−cv−00125, finding that ACLU may continue to prosecute its appeal of this court's orders and may contact individual inmates necessary for the prosecution of the appeal; and further ordering that the ACLU shall cease contact with any inmates on matters that fall within the jurisdiction of class counsel ( signed by Magistrate Judge Jerry A. Davis on 2/01/00) COB # 86 pg. 52−53 Date of Entry: 02/02/00 (fcc)
332 ORDER denying [270−1] motion for attorneys' fees in 4:71−cv−00006, 4:90−cv−00125 ( signed by Magistrate Judge Jerry A. Davis on 02/01/00) COB # 86 pg. 54 Date of Entry: 02/02/00 (fcc)
333 VERIFIED MOTION by court appointed class counsel for Order Awarding January 2000 Attorney's Fees (fcc)
334 NOTICE OF APPEAL of [315−1] order in 4:71−cv−00006, [100−1] order in 4:90−cv−00125 by Steven Houston in 4:71−cv−00006, Robert Shaw in

Case: 4:71-cv-6 As of: 10/19/2019 10:42 AM CDT 41 of 114

02/07/2000 02/07/2000
02/07/2000 02/07/2000 02/09/2000 02/09/2000
02/09/2000 02/11/2000

4:71−cv−00006, Robert L. White in 4:71−cv−00006, Willie Gaines in 4:71−cv−00006, Willie Naylor in 4:90−cv−00125, Martin Groot in 4:90−cv−00125, Gary Butler in 4:90cv00125. FILING FEE $ 105.00 RECEIPT # 56648 Appeal record due on 3/8/00 in 4:71−cv−00006, in 4:90−cv−00125 (fcc)
Notice of Appeal and certified copy of docket to USCA: [334−1] appeal by Martin Groot, Willie Naylor, Willie Gaines, Robert L. White, Robert Shaw, Steven Houston in 4:71−cv−00006, [112−1] appeal by Martin Groot, Willie Naylor, Willie Gaines, Robert L. White, Robert Shaw, Steven Houston in 4:90−cv−00125 (fcc)
335 MOTION by Steven Houston in 4:71−cv−00006, Carl Lee Johnson in 4:71−cv−00006, Robert Shaw in 4:71−cv−00006, Robert L. White in 4:71−cv−00006, Willie Naylor in 4:90−cv−00125, Martin Groot in 4:90−cv−00125, for Entry of Separate Judgment pursuant to Rule 58 , to Amend [331−1] order finding that ACLU may continue to prosecute its appeal of this court's orders and may contact individual inmates necessary for the prosecution of the appeal; and further ordering that the ACLU shall cease contact with any inmates on matters that fall within the jurisdiction of class counsel in 4:71−cv−00006, [110−1] order finding that ACLU may continue to prosecute its appeal of this court's orders and may contact individual inmates necessary for the prosecution of the appeal; and further ordering that the ACLU shall cease contact with any inmates on matters that fall within the jurisdiction of class counsel in 4:90−cv−00125 (fcc) (Entered: 02/08/2000)
336 MOTION by Nazareth Gates in 4:71−cv−00006, David Darrell Moore in 4:90−cv−00125 court−appointed class counsel for Order directing MDOC/UMMC Medical Director or Designee(s) to Study, Report, and Make recommendations on HIV+ Class Mbr. Access to and Participation in General Population Programs (fcc) (Entered: 02/08/2000)
337 Court−Appointed Class Counsel letter dtd 2/4/00, Request for Decision on Medical Air−Conditioning for HIV+ Class Members Housed in MSP Unit 28 (fcc) (Entered: 02/08/2000)
338 FINAL JUDGMENT relative to court's order to show cause and pursuant to court's order of February 1, 2000, the court declines to sanction the American Civil Liberties Union and it's attorneys; denying motion for ACLU to intervene as counsel for the plaintiffs in the Moore case; denying motion for attorneys' fees filed by the ACLU. ( signed by Magistrate Judge Jerry A. Davis on 02/08/00) COB # 86 pg. 66 Date of Entry: 02/09/00 (re:Doc.#331) (fcc) Modified on 02/09/2000
339 ORDER granting [335−1] motion for Entry of Separate Judgment pursuant to Rule 58 in 4:71−cv−00006, 4:90−cv−00125, denying [335−2] motion to Amend [331−1] order finding that ACLU may continue to prosecute its appeal of this court's orders and may contact individual inmates necessary for the prosecution of the appeal; and further ordering that the ACLU shall cease contact with any inmates on matters that fall within the jurisdiction of class counsel in 4:71−cv−00006, [110−1] order finding that ACLU may continue to prosecute its appeal of this court's orders and may contact individual inmates necessary for the prosecution of the appeal; and further ordering that the ACLU shall cease contact with any inmates on matters that fall within the jurisdiction of class counsel in 4:90−cv−00125 in 4:71−cv−00006, 4:90−cv−00125 ( signed by Magistrate Judge Jerry A. Davis on 02/08/00) COB # 86 pg. 67 Date of Entry: 02/09/00 (fcc)
340 MOTION by Nazareth Gates, et al in 4:71−cv−00006, in 4:73cv76 to Compel Previously Ordered Semiannual Reporting on Inmate Access to the Court's required by defendants re: Order filed 9/22/97 (fcc) (Entered: 02/10/2000)
341 NOTICE OF APPEAL of [338−1] judgment order in 4:71−cv−00006, [331−1] order finding that ACLU may continue to prosecute its appeal of this court's orders and may contact individual inmates necessary for the prosecution of the appeal; and further ordering that the ACLU shall cease contact with any inmates on matters that fall within the jurisdiction of class counsel in 4:71−cv−00006, [116−1] judgment order in 4:90−cv−00125, [110−1] order finding that ACLU may continue to prosecute its appeal of this court's orders and may contact individual inmates necessary for the prosecution of the appeal; and further ordering that the ACLU shall cease contact with any inmates on matters that fall within the jurisdiction of class counsel in 4:90−cv−00125 by Steven Houston in 4:71−cv−00006, Robert Shaw in

Case: 4:71-cv-6 As of: 10/19/2019 10:42 AM CDT 42 of 114

02/11/2000 02/15/2000
02/15/2000 02/15/2000 02/15/2000 02/15/2000 02/18/2000
02/28/2000 02/28/2000 03/06/2000 03/06/2000

4:71−cv−00006, Robert L. White in 4:71−cv−00006, Willie Gaines in 4:71−cv−00006, Gary Butler in 4:71−cv−00006, Willie Naylor in 4:90−cv−00125, Martin Groot in 4:90−cv−00125. FILING FEE $ 105.00 RECEIPT # 56661 Appeal record due on 3/12/00 in 4:71−cv−00006, in 4:90−cv−00125 (fcc) (Entered: 02/14/2000)
Notice of Appeal and certified copy of docket to USCA: [341−1] appeal by Martin Groot, Willie Naylor, Gary Butler, Willie Gaines, Robert L. White, Robert Shaw, Steven Houston in 4:71−cv−00006, [118−1] appeal by Martin Groot, Willie Naylor, Gary Butler, Willie Gaines, Robert L. White, Robert Shaw, Steven Houston in 4:90−cv−00125 (fcc) (Entered: 02/14/2000)
342 MOTION by Steven Houston in 4:71−cv−00006, Robert Shaw in 4:71−cv−00006, Robert L. White in 4:71−cv−00006, Willie Gaines in 4:71−cv−00006, Gary Butler in 4:71−cv−00006, Willie Naylor in 4:90−cv−00125, Martin Groot in 4:90−cv−00125 to Stay Proceedings pending appeal of the January 5, 2000, order prohibiting the lawyers for the National Prison Project from contacting class members and the February 1, 2000, order requiring the ACLU to cease contact with any inmates on matters that fall within the jurisdiction of class counsel (fcc)
343 ORDER granting [333−1] motion for Order Awarding January 2000 Attorney's Fees, directing dfts to pay Ronald Reid Welch, P.A., the FLAT RATE sum of $9,700.00 NLT 15 da. from the date of this order ( signed by Magistrate Judge Jerry A. Davis on 2/14/00) Date of Entry: 2/15/00 (fcc)
Clerk's Note: Doc.#344 has been assigned to docket entry dated 12/13/99, regarding a letter dtd 12/13/99, from Margaret Winter requesting removal of a confidential and privileged document, etc. (fcc)
Certified and transmitted Record on Appeal to U.S. Court of Appeals: [334−1] appeal by Martin Groot, Willie Naylor, Willie Gaines, Robert L. White, Robert Shaw, Steven Houston in 4:71−cv−00006, [112−1] appeal by Martin Groot, Willie Naylor, Willie Gaines, Robert L. White, Robert Shaw, Steven Houston in 4:90−cv−00125 (fcc)
Certified and transmitted Record on Appeal to U.S. Court of Appeals: [341−1] appeal by Martin Groot, Willie Naylor, Gary Butler, Willie Gaines, Robert L. White, Robert Shaw, Steven Houston in 4:71−cv−00006, [118−1] appeal by Martin Groot, Willie Naylor, Gary Butler, Willie Gaines, Robert L. White, Robert Shaw, Steven Houston in 4:90−cv−00125 (fcc)
344 ORDER denying [342−1] motion to Stay Proceedings pending appeal of the January 5, 2000, order prohibiting the lawyers for the National Prison Project from contacting class members and the February 1, 2000, order requiring the ACLU to cease contact with any inmates on matters that fall within the jurisdiction of class counsel in 4:71−cv−00006, 4:90−cv−00125 ( signed by Magistrate Judge Jerry A. Davis on 2/17/00) COB # 86 pg. 80 Date of Entry: 02/18/00 (fcc)
USCA Case Number Re: [334−1] appeal by Martin Groot, Willie Naylor, Willie Gaines, Robert L. White, Robert Shaw, Steven Houston in 4:71−cv−00006, [112−1] appeal by Martin Groot, Willie Naylor, Willie Gaines, Robert L. White, Robert Shaw, Steven Houston in 4:90−cv−00125 USCA NUMBER: 00−60129 (fcc)
USCA Case Number Re: [341−1] appeal by Martin Groot, Willie Naylor, Gary Butler, Willie Gaines, Robert L. White, Robert Shaw, Steven Houston in 4:71−cv−00006, [118−1] appeal by Martin Groot, Willie Naylor, Gary Butler, Willie Gaines, Robert L. White, Robert Shaw, Steven Houston in 4:90−cv−00125 USCA NUMBER: 00−60130 (fcc)
345 VERIFIED MOTION by Nazareth Gates, et al in 4:71−cv−00006 for Order Awarding February 2000 Attorney's Fees (fcc)
NOTICE of Docketing ROA from USCA Re: [341−1] appeal by Martin Groot, Willie Naylor, Gary Butler, Willie Gaines, Robert L. White, Robert Shaw, Steven Houston in 4:71−cv−00006, [334−1] appeal by Martin Groot, Willie Naylor, Willie Gaines, Robert L. White, Robert Shaw, Steven Houston in 4:71−cv−00006, [118−1] appeal by Martin Groot, Willie Naylor, Gary Butler, Willie Gaines, Robert L. White, Robert Shaw, Steven Houston in 4:90−cv−00125, [112−1] appeal by Martin Groot, Willie

Case: 4:71-cv-6 As of: 10/19/2019 10:42 AM CDT 43 of 114

03/15/2000
03/22/2000 03/27/2000 03/30/2000 03/30/2000 03/30/2000 03/30/2000
03/30/2000
05/15/2000 05/15/2000 05/15/2000 05/16/2000
05/16/2000 05/19/2000 05/19/2000 05/19/2000

Naylor, Willie Gaines, Robert L. White, Robert Shaw, Steven Houston in 4:90−cv−00125 USCA Numbers: 00−60129; 00−60130 (fcc) (Entered: 03/07/2000)
346 ORDER granting [345−1] motion for Order Awarding February 2000 Attorney's Fees, directing dfts to pay Ronald Reid Welch, P.A., a flat rate sum of $10,950.00 NLT 15 da. from the date of this order ( signed by Magistrate Judge Jerry A. Davis on 3/14/00) Date of Entry: 3/15/00 (fcc)
347 MOTION by Nazareth Gates in 4:71−cv−00006 (counsel for class) for Writ of Execution to Collect Year 2000 County Jail Contempt Fines Due and Owing (fcc)
348 MOTION by Nazareth Gates through class counsel in 4:71−cv−00006 for Writ of Execution Immediately to Collect One Million Dollars Interim Installment Payment of Year 2000 County Jail Contempt Fines (fcc)
349 MOTION by defendants to Extend Time to respond to plas' motion to collect one million interim installment payment of year 2000 county jail contempt fines (fcc)
350 MOTION by defendants to Extend Time to respond to plas' motion for county jail contempt fines for year 2000 (fcc)
351 Defendants Semi−Annual Report on Inmate Access to the Courts Program (fcc)
352 ORDER granting [349−1] motion to Extend Time to respond to plas' motion to collect one million interim installment payment of year 2000 county jail contempt fines, Response to Motion reset to 5/15/00 for [348−1] motion for Writ of Execution Immediately to Collect One Million Dollars Interim Installment Payment of Year 2000 County Jail Contempt Fines ( signed by Magistrate Judge Jerry A. Davis on 3/30/00) Date of Entry: 3/31/00 (fcc) (Entered: 03/31/2000)
353 ORDER granting [350−1] motion to Extend Time to respond to plas' motion for county jail contempt fines for year 2000, Response to Motion reset to 5/15/00 for [347−1] motion for Writ of Execution to Collect Year 2000 County Jail Contempt Fines Due and Owing ( signed by Magistrate Judge Jerry A. Davis on 3/30/00) Date of Entry: 3/31/00 (fcc) (Entered: 03/31/2000)
354 FIRST SUPPLEMENTAL MOTION for Writ of Execution to Collect Year 2000 County Jail Contempt Fines Due and Owing (fcc)
355 SECOND SUPPLEMENTAL MOTION for Writ of Execution to Collect July 1997 thru December 1998 County Jail Contempt Fines Due and Owing (fcc)
356 RENEWED VERIFIED MOTION OF JANUARY 12, 1999 for Injunctive Relief Suspending State 85 percent Statutes as Impediments to Compliance with this Court's Orders (fcc) Modified on 06/19/2000
357 ORDER, granting joint motion of the parties for extension of time to respond to pla's motion for county jail contempt fines for year 2000 Response to Motion reset to 5/25/00 for [354−1] first supplemental motion for Writ of Execution to Collect Year 2000 County Jail Contempt Fines Due and Owing, reset to 5/25/00 for [347−1] motion for Writ of Execution to Collect Year 2000 County Jail Contempt Fines Due and Owing ( signed by Magistrate Judge Jerry A. Davis on 5/15/00) Date of Entry: 5/16/00 (fcc) (jtm).
358 THIRD SUPPLEMENTAL MOTION by Nazareth Gates (plaintiff prisoner class) in 4:71−cv−00006 for Writ of Execution to Collect Calendar Year 1999 County Jail Contempt Fines Due and Owing (fcc)
359 AGREED ORDER approving Bolivar County Regional Correctional Facility for the Housing of Additional State Prisoners ( signed by Magistrate Judge Jerry A. Davis on 5/18/00) Date of Entry: 5/22/00 (fcc) (Entered: 05/22/2000)
360 AGREED ORDER approving Winston−Choctaw County Regional Correctional Facility for the Housing of Additional State Prisoners ( signed by Magistrate Judge Jerry A. Davis on 5/18/00) Date of Entry: 5/22/00 (fcc) (Entered: 05/22/2000)
361 AGREED ORDER approving Alcorn County Jail for the housing of State inmates ( signed by Magistrate Judge Jerry A. Davis on 5/18/00) Date of Entry: 5/22/00 (fcc) (Entered: 05/22/2000)

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05/19/2000 05/19/2000 05/19/2000 05/19/2000
05/19/2000 05/19/2000 05/19/2000 05/19/2000 05/25/2000 05/25/2000 05/30/2000
05/31/2000 06/02/2000 06/05/2000 06/05/2000 06/08/2000 06/13/2000

362 AGREED ORDER approving old and new Oktibbeha County Jails for the housing of state inmates ( signed by Magistrate Judge Jerry A. Davis on 5/18/00) Date of Entry: 5/22/00 (fcc) (Entered: 05/22/2000)
363 AGREED ORDER approving Leake County Regional Correctional Facility for the housing of additional state prisoners ( signed by Magistrate Judge Jerry A. Davis on 5/18/00) Date of Entry: 5/22/00 (fcc) (Entered: 05/22/2000)
364 AGREED ORDER approving new Lawrence County Jail for the housing of state prisoners ( signed by Magistrate Judge Jerry A. Davis on 5/18/00) Date of Entry: 5/22/00 (fcc) Modified on 05/22/2000 (Entered: 05/22/2000)
365 AGREED ORDER approving Carroll−Montgomery Regional Correctional Facility for the housing of additional state prisoners ( signed by Magistrate Judge Jerry A. Davis on 5/18/00) Date of Entry: 5/22/00 (fcc) Modified on 05/22/2000 (Entered: 05/22/2000)
366 AGREED ORDER approving Harrison County Work Center for the housing of state inmates ( signed by Magistrate Judge Jerry A. Davis on 5/18/00) Date of Entry: 5/22/00 (fcc) Modified on 05/22/2000 (jtm). (Entered: 05/22/2000)
367 AGREED ORDER approving New Marshal County Jails for the housing of state inmates ( signed by Magistrate Judge Jerry A. Davis on 5/18/00) Date of Entry: 5/22/00 (fcc) Modified on 05/22/2000 (Entered: 05/22/2000)
368 AGREED ORDER approving Benton County Jail for the housing of state prisoners ( signed by Magistrate Judge Jerry A. Davis on 5/18/00) Date of Entry: 5/22/00 (fcc) Modified on 05/22/2000 (Entered: 05/22/2000)
369 AGREED ORDER approving Old, Renovated Marion county Jail for the housing of additional state prisoners ( signed by Magistrate Judge Jerry A. Davis on 5/18/00) Date of Entry: 5/22/00 (fcc) Modified on 05/22/2000 (Entered: 05/22/2000)
370 AGREED ORDER provisionally approving New Prentiss County Jail for the housing of state prisoners ( signed by Magistrate Judge Jerry A. Davis on 5/23/00) Date of Entry: 5/25/00 (fcc)
371 AGREED ORDER provisionally approving New Sunflower County Jail for the housing of state prisoners ( signed by Magistrate Judge Jerry A. Davis on 5/23/00) Date of Entry: 5/25/00 (fcc)
372 RESPONSE in opposition to [358−1] motion for Writ of Execution to Collect Calendar Year 1999 County Jail Contempt Fines Due and Owing by Nazareth (nmi) Gates, [355−1] motion for Writ of Execution to Collect July 1997 thru December 1998 County Jail Contempt Fines Due and Owing, [354−1] motion for Writ of Execution to Collect Year 2000 County Jail Contempt Fines Due and Owing, [347−1] motion for Writ of Execution to Collect Year 2000 County Jail Contempt Fines Due and Owing by Nazareth (nmi) Gates (fcc)
373 VERIFIED MOTION for Order Awarding March−May, 2000 Attorney's Fees and Brief in Support (fcc)
374 AGREED ORDER approving old and new Lincoln County Jails for the housing of State Prisoners. ( signed by Magistrate Judge Jerry A. Davis on 5/31/00) Date of Entry: 6/02/00 (fcc)
375 AGREED ORDER provisionally approving New Union County Jail for the housing of State Prisoners ( signed by Magistrate Judge Jerry A. Davis on 6/02/00) Date of Entry: 6/05/00 (fcc)
376 AGREED ORDER provisionally approving Choctaw County Jail for the housing of State Prisoners ( signed by Magistrate Judge Jerry A. Davis on 6/02/00) Date of Entry: 6/05/00 (fcc)
377 DEFENDANTS' MOTION to Allow Inmates to Serve 30 da. in Approved Jails before Being Reported as Approved Jail Population, etc. (fcc)
378 ORDER granting [373−1] motion for Order Awarding March−May, 2000 Attorney's Fees, directing dfts to pay Atty Welch the flat rate sum of $19,600.00 NLT 15 da.

Case: 4:71-cv-6 As of: 10/19/2019 10:42 AM CDT 45 of 114

06/15/2000
06/16/2000 06/19/2000 06/30/2000 06/30/2000 06/30/2000 06/30/2000 06/30/2000 06/30/2000 06/30/2000

from the date of this order ( signed by Magistrate Judge Jerry A. Davis on 6/12/00) Date of Entry: 6/14/00 (fcc) (Entered: 06/14/2000)
379 ORDER granting in part, denying in part [358−1] motion for Writ of Execution to Collect Calendar Year 1999 County Jail Contempt Fines Due and Owing, granting in part, denying in part [355−1] motion for Writ of Execution to Collect July 1997 thru December 1998 County Jail Contempt Fines Due and Owing, granting in part, denying in part [354−1] motion for Writ of Execution to Collect Year 2000 County Jail Contempt Fines Due and Owing, granting in part, denying in part [348−1] motion for Writ of Execution Immediately to Collect One Million Dollars Interim Installment Payment of Year 2000 County Jail Contempt Fines, granting in part, denying in part [347−1] motion for Writ of Execution to Collect Year 2000 County Jail Contempt Fines Due and Owing denying at this time [356−1] motion for Injunctive Relief Suspending State 85 percent Statutes as Impediments to Compliance with this Court's Orders, imposing minimum sanction to be paid by the state into the registry of the court by October 1, 2000, with the reservation that further non−compliance could result in harsher penalties , granting by separate order the state's motion for a 30 day grace period to include new state inmates in the court for approved county jails and denying the state's request to allow state inmates to stay in unapproved county jails upon waiver by the inmate ( signed by Magistrate Judge Jerry A. Davis on 6/14/00) COB # 86 pg. 231−233 Date of Entry: 6/15/00 (fcc) (jtm). (Entered: 06/19/2000)
380 ORDER granting [377−1] motion to Allow Inmates to Serve 30 da. in Approved Jails before Being Reported as Approved Jail Population, etc. ( signed by Magistrate Judge Jerry A. Davis on 6/15/00) Date of Entry: 6/19/00 (fcc) (Entered: 06/19/2000)
381 ORDER granting appellants' motion to stay the District Court's "no contact" order of February 1, 2000, pending appeal. (signed and entered by USCA/5th Circuit on 6/19/00 ) Date of Entry: 6/19/00 [re: USCA/5th Circuit Nos. 99−60609, 00−60129, 00−60130] (fcc) Modified on 06/19/2000
382 AGREED ORDER granting defendants motion for 30 days from their receipt of commitment orders in which to remove excess state prisoners from county jails approved by the court; and granting joint ore tenus motion to remove the court's present one−year limitation on the housing of any state inmate in any county jail; this order superceeds any and all prior orders on the matters addressed herein. ( signed by Magistrate Judge Jerry A. Davis on 6/29/00) Date of Entry: 7/05/00 (fcc) (Entered: 07/05/2000)
383 AGREED ORDER on joint ore tenus motino of dfts and pla conditionally approving the Pontotoc County Jail for the housing of up to a maximum of (8) working State prisoners. (signed by Magistrate Judge Jerry A. Davis on 6/29/00) Date of Entry: 7/05/00 (fcc) (Entered: 07/05/2000)
384 AGREED ORDER on joint ore tenus motion of dfts and pla conditionally approving the Tishomingo County Jail in Iuka, MS, for the housing of up to a maximum of (6) working State prisoners. ( signed by Magistrate Judge Jerry A. Davis on 6/29/00) Date of Entry: 7/5/00 (fcc) (Entered: 07/05/2000)
385 AGREED ORDER on joint ore tenus motion of dfts and pla conditionally approving the Lamar County Jail Food Services Annex in Purvis, MS, for the housing of up to a maximum of (7) working state prisoners. ( signed by Magistrate Judge Jerry A. Davis on 6/29/00) Date of Entry: 7/05/00 (fcc) (Entered: 07/05/2000)
386 AGREED ORDER on joint ore tenus motion of dfts and pla conditionally approving the Humphreys County Jail in Belzoni, MS, for the housing of up to a maximum of (7) working State prisoners. ( signed by Magistrate Judge Jerry A. Davis on 6/29/00) Date of Entry: 7/05/00 (fcc) (Entered: 07/05/2000)
387 AGREED ORDER on joint ore tenus motion of dfts and plas conditionally approving the Hancock County Jail Annex in Bay St. Louis, MS, for the housing of up to a maximum of (28) working State prisioners. ( signed by Magistrate Judge Jerry A. Davis on 6/29/00) Date of Entry: 7/05/00 (fcc) (Entered: 07/05/2000)
388 AGREED ORDER on joint ore tenus motion of dfts and plas amending the court's prior "Order...Approving New Union County Jail...," dated June 2, 2000, so as to increase the number of working State inmates allowed for the new Union County Jail

Case: 4:71-cv-6 As of: 10/19/2019 10:42 AM CDT 46 of 114

07/06/2000 07/11/2000 07/13/2000
07/18/2000 07/18/2000 07/19/2000
07/19/2000 07/28/2000 07/31/2000 08/09/2000 08/09/2000
08/14/2000 08/25/2000 08/25/2000 08/28/2000
08/31/2000 09/01/2000

in New Albany, MS, up to a maximum of (14) working State prisoners. ( signed by Magistrate Judge Jerry A. Davis on 6/29/00) Date of Entry: 7/05/00 (fcc) (Entered: 07/05/2000)
389 VERIFIED MOTION by Plaintiffs through Class Counsel for Order Awarding June 2000 Attorney's Fees and Brief in Support (fcc)
390 Ltr. dtd 7/8/2000 from Gates/Moore Class Counsel, Ron Welch, to General Counsel MDOC, Leonard Vincent, regarding Appointment of HIV Medical Expert Discovery Agents (fcc)
391 ORDER granting [389−1] motion for Order Awarding June 2000 Attorney's Fees and Brief in Support, directing dfts to pay Ronald R. Welch, P.A., the flat rate of sum of $4,200.00 NLT 15 da. from the date of this order ( signed by Magistrate Judge Jerry A. Davis on 7/12/00) Date of Entry: 7/14/00 (fcc) (Entered: 07/14/2000)
392 MOTION by Martin Groot, Willie Naylor, Gary Butler, Robert White, Willie Gaines, Robert Shaw, Steven Houston in 4:71−cv−00006; 4:90cv125 for Access to Medical Records (fcc)
393 ORDER provisionally approving the Old Forest City Jail operated by Scott County for the Housing of State Prisoners ( signed by Magistrate Judge Jerry A. Davis on 7/17/00) Date of Entry: 7/18/00 (fcc)
394 Gates/Moore Class Counsel, Ron Welch, letter dtd July 18, 2000, re: Withdrawal and Termination of July 8, 2000, Appointment of HIV Medical Discovery Agents In Gates v. Collier No. 4:71cv6−JAD lead case, consolidated w/Moroe v. Fordice, No. 4:90cv125−JAD, USDC/NDMS (fcc)
395 Faxed Copy of Letter Response dtd 7/19/00, to Mag Judge Davis by Elizabeth Jane Hicks withdrawing the motion filed "yesterday" (which relief on Mr. Welch's designation of us as his agents)... (fcc) (Entered: 07/21/2000)
396 RESPONSE by Gates/Moore Class Counsel in 4:71−cv−00006 to Report to the Court dated July 19, 2000. (fcc)
397 VERIFIED MOTION by Nazareth Gates through Class Atty in 4:71−cv−00006 for Order Awarding July 2000 Attorney's Fees (fcc) (Entered: 08/01/2000)
398 ORDER withdrawing [392−1] motion for Access to Medical Records, at request of counsel for the ACLU of Mississippi, Elizabeth Jane Hicks. ( signed by Magistrate Judge Jerry A. Davis on 8/8/00) Date of Entry: 8/9/00 (fcc)
399 ORDER granting [397−1] motion for Order Awarding July 2000 Attorney's Fees, directing that dfts pay Ronald R. Welch, the flat rate sume of $4,250.00 NLT 15 da. from the date of this order. ( signed by Magistrate Judge Jerry A. Davis on 8/8/00) Date of Entry: 8/9/00 (fcc)
400 SUPPLEMENTAL RESPONSE by Defendants to Defendants' Report to the Court dated July 19, 2000 (fcc)
401 MOTION by Moore plas through Moore Class Counsel for Rule 706, F.R.Evid., Appointment of HIV Expert (fcc)
Ltr. dtd 8/22/00 from Atty Welch, Atty for Moore Class Plas−Appellants to Clerk, USCA 5th Cir. transmitting Motion for Mandamus Directing Appointment of HIV Expert (placed in file) (fcc)
402 Ltr dtd 8/26/00, from Moore Class Counsel to Dr. Stanley Chapman, Interim MDOC Med. Dr., UMMC Div. of Infectious Diseases re: Moore v. Fordice; Request for Status Report and Time Line on Implementation of Hepatitis C Treatment Protocol for MDOC's HIV Patients (fcc)
413 NOTICE/MOTION to Intervene Contempt of Court Order and Injunctive Relief on Behalf of the Amendatory Capacity Order for MSP Unit 29 to case(s) 4:71−cv−00006, Ezra Charles Prater in 4:71−cv−00006 (fcc) (Entered: 10/11/2000)
403 ORDER provisionally approving Clay County Jail Work Program Annex for the Housing of State Prisoners ( signed by Magistrate Judge Jerry A. Davis on 8/31/00)

Case: 4:71-cv-6 As of: 10/19/2019 10:42 AM CDT 47 of 114

09/05/2000 09/06/2000
09/06/2000
09/06/2000 09/11/2000 09/12/2000
09/25/2000 09/26/2000 09/26/2000 09/26/2000
09/29/2000 10/11/2000 10/11/2000 10/20/2000
10/20/2000 10/30/2000

Date of Entry: 9/01/00 (fcc)
404 VERIFIED MOTION by plaintiffs through class counsel for Order Awarding August 2000 Attorney's Fees (fcc)
405 Copy of "Moore" Class Counsel (Ron Welch) letter dtd 9/01/00 to Dr. John Bearry, MSP Medical Director re: "Moore v. Fordice"; Request for Formal Medical Investigation, Report, Opinion and Recommendation Re HIV Health and Treatment Risk Reports of HIV Prisoners Summarized In ACLU Third−Year Law Student Sybil Byrd's Declaration, EXHIBIT A, MOTION TO EXPEDITE DECISION, dated 8/18/00, 5th Circuit (fcc)
406 Copy of Dr. Stanley Chapman, Interim MDOC Medical Director Re: Moore v. Fordice; Request for Formal Medical Opinion and Recommendation Re Health Risks Posed by Season's 9−100+ Temperatures in HIV Unit 28, MSP; in HIV cells in Unit 32, MSP (with and w/o personal fans); and in all non−HIV cells in Unit 32, MSP (with and w/o personal fans) (fcc)
407 MOTION by "Moore" plaintiffs through "Moore" Class Counsel for Class Action Management and Supervisory Direction of Class Counsel by the Court (fcc)
Status Conference set at 9:00 9/25/00 Aberdeen before Magistrate Judge Jerry A. Davis (fcc) (Entered: 09/12/2000)
408 ORDER granting [404−1] motion for Order Awarding August 2000 Attorney's Fees; directing dfts to pay Ronald R. Welch, the flat rate sum of $4,460.00 NLT 15 da. from the date of this order. ( signed by Magistrate Judge Jerry A. Davis on 9/11/00) Date of Entry: 9/12/00 (fcc)
409 AMENDATORY ORDER on re tenus motion of defendants and plaintiffs approving New Lauderdale County Jail for the Housing of State Prisoners ( signed by Magistrate Judge Jerry A. Davis on 9/21/00) Date of Entry: 9/25/00 (fcc)
410 CIVIL MINUTES for: Status Conference held 9/25/00; Court Reporter: n/a; Order to follow (fcc)
Status Conference held on 9/26/00 before Magistrate Judge Jerry A. Davis (fcc)
411 ORDER on status conference held 9/25/00, directing the State of Mississippi to pay into the registry of the court the sum of 1.8 million dollars; directing the clerk to maintain said sum in an interest−bearing account; state to be refunded $100,000.00 for each month it remains in compliance with the court's order; court's prior order of June 14, 200, shall be fully implemented. ( signed by Magistrate Judge Jerry A. Davis on 9/25/00) COB # 87 pg. 199−200 Date of Entry: 9/26/00 (fcc)
412 DEFENDANTS' SEMI−ANNUAL REPORT TO THE COURT on the Inmate Legal Asistance Program (fcc)
414 ORDER on joint ore tenus motion of defendants and plaintiffs, approving New Perry County Jail for the Housing of State Prisoners ( signed by Magistrate Judge Jerry A. Davis on 10/06/00) Date of Entry: 10/11/00 (fcc) Modified on 10/11/2000
415 ORDER on ore tenus motion of the parties, approving Forrest County Work Center for the Housing of State Prisioners. ( signed by Magistrate Judge Jerry A. Davis on 10/06/00) Date of Entry: 10/11/00 (fcc)
416 ORDER denying [413−1] motion to Intervene Contempt of Court Order and Injunctive Relief on Behalf of the Amendatory Capacity Order for MSP Unit 29 to case(s) 4:71−cv−00006, Ezra Charles Prater in 4:71−cv−00006 ( signed by Magistrate Judge Jerry A. Davis on 10/19/00) Date of Entry: 10/20/00 (fcc)
417 MOTION to Intervene by Robert E. Tubwell in 4:71−cv−00006 to Enforce Federal Court Mandate (fcc)
418 MOTION to Intervene by to case(s) 4:71−cv−00006, Eugene Turner Wright in 4:71−cv−00006 for Contempt Citation and for Order Enforcing Federal Court Mandate (fcc) Modified on 11/02/2000 (Entered: 11/02/2000)

Case: 4:71-cv-6 As of: 10/19/2019 10:42 AM CDT 48 of 114

10/30/2000 11/02/2000
11/02/2000
11/02/2000 11/06/2000 11/13/2000 11/13/2000 11/13/2000 11/13/2000 11/13/2000 11/15/2000 11/15/2000 11/15/2000
11/21/2000 11/24/2000 11/24/2000 11/29/2000

419 MOTION to Intervene by to case(s) 4:71−cv−00006, Jay Boler in 4:71−cv−00006 to file Contempt Citation and for Order Enforcing Federal Court Mandate (fcc) (Entered: 11/02/2000)
420 ORDER denying [417−1] motion to Intervene by Robert E. Tubwell in 4:71−cv−00006 to Enforce Federal Court Mandate; class counsel will be furnished a copy of Mr. Tubwell's motion with a copy of this order. ( signed by Magistrate Judge Jerry A. Davis on 11/01/00) Date of Entry: 11/02/00 (fcc)
421 ORDER denying [419−1] motion to Intervene by to case(s) 4:71−cv−00006, Jay Boler in 4:71−cv−00006 to file Contempt Citation and for Order Enforcing Federal Court Mandate, denying [418−1] motion to Intervene by to case(s) 4:71−cv−00006, Eugene Turner Wright in 4:71−cv−00006 for Contempt Citation and for Order Enforcing Federal Court Mandate; plaintifs may forward their motions to class counsel who will then determine if they have merit and should be filed, etc. ( signed by Magistrate Judge Jerry A. Davis on 10/31/00) Date of Entry: 11/02/00 (fcc)
422 MOTION by defendants to Return $100,00.00 to Defendants for October 2000 Compliance with Court's Order (fcc)
423 COPY of letter to Magistrate Judge Davis, dtd 11/02/00 from Ronald R. Welch, Class Counsel for Plaintiffs re: Report to the Court on MSP Unit 29 Related Motions for Contempt by Individual Class Members (fcc)
424 Ltr. dtd 11/10/00, to Mag Judge Davis from Ron Welch re: Gates v. Musgrove, Corrected Report to the Court on MSP Unit 29−Related Motions for Contempt by Individual Class Members (fcc)
425 NOTICE/MOTION by Nazareth Gates in 4:71−cv−00006 through plaintiff class attorney for contempt of Unit 29 Amendatory Order, dated January 26, 1998 (fcc)
428 MOTION by Thomas E. Ellis in 4:71−cv−00006 for contempt and for order Enforcing Federal Court Mandate (fcc) (Entered: 11/17/2000)
429 MOTION by Ezra Charles Prater in 4:71−cv−00006 for contempt and for Order Enforcing Federal Court Mandate (fcc) (Entered: 11/17/2000)
430 MOTION by James E. Jones in 4:71−cv−00006 for contempt and for Order Enforcing Federal Court Mandate (fcc) (Entered: 11/17/2000)
426 ORDER granting [422−1] motion to Return $100,00.00 to Defendants for October 2000 Compliance with Court's Order ( signed by Magistrate Judge Jerry A. Davis on 11/14/00) Date of Entry: 11/15/00 (fcc)
427 AGREED ORDER approving Old Tallahatchie County Jail in Sumner as a Joint State County Work Center for the Housing of State Prisoners ( signed by Magistrate Judge Jerry A. Davis on 11/14/00) Date of Entry: 11/15/00 (fcc)
431 ORDER denying [430−1] motion for contempt and for Order Enforcing Federal Court Mandate, denying [429−1] motion for contempt and for Order Enforcing Federal Court Mandate; plas may forward their motions to class counsel, who will then determine if they have merit and if they should be filed, etc. ( signed by Magistrate Judge Jerry A. Davis on 11/14/00) Date of Entry: 11/17/00 (fcc) (Entered: 11/17/2000)
Marked "received" and placed on letter side of file, copy of USDC/NDMS Reimbursement Check No. 3382, in the amount of $100,000.00 payable to the State of Mississippi (re:Doc.#426) (fcc)
432 AGREED ORDER approving Stone County Regional Correctional Facility for the Housing of Additional State Prisoners ( signed by Magistrate Judge Jerry A. Davis on 11/20/00) Date of Entry: 11/24/00 (fcc)
433 AGREED ORDER approving Holmes−Humphreys Regional Correctional Facility for the Housing of Additional State Prisoners ( signed by Magistrate Judge Jerry A. Davis on 11/20/00) Date of Entry: 11/24/00 (fcc)
434 ORDER denying [428−1] motion for contempt and for order Enforcing Federal Court Mandate ( signed by Magistrate Judge Jerry A. Davis on 11/28/00) Date of Entry: 11/29/00 (fcc)

Case: 4:71-cv-6 As of: 10/19/2019 10:42 AM CDT 49 of 114

12/04/2000
12/04/2000 12/04/2000 12/06/2000 12/08/2000
12/14/2000 12/18/2000
12/29/2000 12/29/2000 01/03/2001 01/10/2001 01/12/2001
01/18/2001 02/02/2001 02/06/2001 02/06/2001 02/06/2001

435 ORDER modifying Order entered November 29, 2000, to state that Civil Action No. 4:00cv47−P−B is transferred to the docket of Magistrate Judge Jerry A. Davis for consolidation with "Gates v. Collier," Cause No. GC71−6−JAD.( signed by Magistrate Judge Eugene M. Bogen on 12/01/00) Date of Entry: 12/04/00 (fcc)
436 VERIFIED MOTION by Nazareth Gates in 4:71−cv−00006 for Order Awarding September, October and November 2000 Attorney's Fees and Brief in Support (fcc)
437 ORDER directing the Clerk to return $100,000.00 from the $1.8 million deposited in the registry of the court to the State of Mississippi ( signed by Magistrate Judge Jerry A. Davis on 12/01/00) Date of Entry: 12/04/00 (fcc)
Marked "received" and placed on letter side of file, copy of USDC/NDMS Reimbursement check no. 3393, in the amount of $100,000.00 payable to the State of Mississippi (re:Doc.#437) (fcc) Modified on 12/06/2000
438 ORDER granting [436−1] motion for Order Awarding September, October and November 2000 Attorney's Fees and Brief in Support; defendants shall pay Ronald R. Welch, P.A., the flat rate sum of $7,300.00 NLT 10 da. from the date of this order. ( signed by Magistrate Judge Jerry A. Davis on 12/7/00) Date of Entry: 12/11/00 (fcc) Modified on 12/12/2000 (Entered: 12/11/2000)
439 ORDER approving New Rankin County Jail for the Housing of up to 38 State Prisoners, etc. ( signed by Magistrate Judge Jerry A. Davis on 12/13/00) Date of Entry: 12/14/00 (fcc)
NOTICE of address change by Margaret Winter, attorney with American Civil Liberties Union Foundation, to The National Prison Project of the ACLU, 733 15th St. NW, Ste. 620, Washington, DC 20005; (202) 393−4930 telephone; (202) 393−4931 fax (fcc)
440 ORDER APPROVING New Jasper County Jail for the Housing of State Prisoners ( signed by Magistrate Judge Jerry A. Davis on 12/27/00) Date of Entry: 12/29/00 (fcc)
441 ORDER APPROVING Kemper County Regional Correctional Facility for the Housing of Additional State Prisoners ( signed by Magistrate Judge Jerry A. Davis on 12/27/00) Date of Entry: 12/29/00 (fcc)
442 VERIFIED MOTION for Order Awarding December 2000 Attorney's Fees (fcc)
443 ORDER directing the Clerk of the Court to return $100,00.00 from the $1.8 million deposited in the registry of the court to the State of Mississippi.. ( signed by Magistrate Judge Jerry A. Davis on 1/8/01) Date of Entry: 1/10/01 (fcc)
444 ORDER granting [442−1] motion for Order Awarding December 2000 Attorney's Fees; directing that dfts shall pay Ronald R. Welch, P.A., the flat rate sum of $11,150.00 NLT 10 da. from the date of this order. ( signed by Magistrate Judge Jerry A. Davis on 1/11/01) Date of Entry: 1/12/01 (fcc)
Marked "received" and placed on letter side of file, copy of USDC/NDMS Reimbursement check No. 3407, in the amount of $100,000.00 payable to the state of Mississippi (re:Doc.#444) (fcc) Modified on 01/19/2001
445 VERFIED MOTION by plas through Class Counsel for Order Awarding January 2001 Atty's Fees and Brief in Support (fcc)
446 ORDER directing the clerk of court to return $100,000.00 from the $1.8 million deposited in the registry of the court to the State of Mississippi. ( signed by Magistrate Judge Jerry A. Davis on 2/5/01) Date of Entry: 2/6/01 (fcc)
447 ORDER provisionally approving old Chickasaw County Jail in Houston for the Housing of State Prisoners. ( signed by Magistrate Judge Jerry A. Davis on 2/5/01) Date of Entry: 2/06/01 (fcc)
448 ORDER granting [445−1] motion for Order Awarding January 2001 Atty's Fees and Brief in Support; directing the defendants to pay Ronald R. Welch, P.A., the flat rate sum of $8,000.00 NLT 10 da. from the date of this order. ( signed by Magistrate Judge Jerry A. Davis on 2/5/01) Date of Entry: 2/06/01 (fcc) Modified on 02/06/2001

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02/12/2001 02/16/2001 03/01/2001 03/01/2001 03/06/2001 03/07/2001 03/13/2001 03/30/2001
03/30/2001 04/04/2001 04/04/2001 04/10/2001 04/25/2001 04/30/2001
05/03/2001

449 DEFENDANTS' RESPONSE in opposition to [425−1] motion for contempt of Unit 29 Amendatory Order, dated January 26, 1998 by Nazareth Gates (fcc)
Copy of USDC/NDMS Check 3417 in the amount of $100,000.00 payable to the State of Mississippi (placed in filed) re:Doc.#446 (fcc)
450 VERIFIED MOTION by plaintiffs for Order Awarding February 2001 Attorney's Fees (fcc) (Entered: 03/05/2001)
451 AMENDATORY ORDER approving Lamar County Jail Women's Trailer Annex for the Housing of One Additional State Prisoner( signed by Magistrate Judge Jerry A. Davis on 2/28/01) Date of Entry: 3/05/01 (fcc) (Entered: 03/05/2001)
452 ORDER directing the clerk of the court to return $100,000.00 from the $1.8 million deposited in the registry of the court to the State of Mississippi. ( signed by Magistrate Judge Jerry A. Davis on 3/5/01) Date of Entry: 3/6/01 (fcc)
Copy of USDC/NDMS Check no. 3420 in the amount of $100,000.00 payable to the State of Mississippi (placed in file) re:Doc.#452 (fcc) Modified on 03/08/2001
453 ORDER granting [450−1] motion for Order Awarding February 2001 Attorney's Fees, directing dfts to pay Ronald R. Welch, the flat rate sum of $2,000.00 NLT 10 da. from the date of this order. ( signed by Magistrate Judge Jerry A. Davis on 3/12/01) Date of Entry: 3/13/01 (fcc)
454 ORDER on its own motion, directing the clerk to return to the State of Mississippi the remaining $1.3 million dollars deposited in the registry of the court and further directing that the clerk retain the interest that has accrued thereon in the registry of the court to be used for the benefit of the plaintiff case; retaining jurisdiction of this matter for any further enforcement of the court's order that may be necessary. ( signed by Magistrate Judge Jerry A. Davis on 3/29/01) Date of Entry: 3/30/01 (fcc)
455 VERIFIED MOTION by Nazareth Gates, et al in 4:71−cv−00006 for Order Awarding March 2001 Atty's Fees (fcc)
456 AMENDATORY ORDER approving Madison County Jail for the housing of state prisoners in Canton, MS, etc. ( signed by Magistrate Judge Jerry A. Davis on 4/3/01) Date of Entry: 4/4/01 (fcc)
457 ORDER provisionally approving New Tippah County Law Enforcement Center for the housing of state prisoners ( signed by Magistrate Judge Jerry A. Davis on 4/3/01) Date of Entry: 4/4/01 (fcc)
458 ORDER granting [455−1] motion for Order Awarding March 2001 Atty's Fees, directing dfts to pay Ronald Welch, P.A., the flat rate sum of $5,350.00 NLT 10 da. from the date of this order. ( signed by Magistrate Judge Jerry A. Davis on 4/9/01) Date of Entry: 4/10/01 (fcc)
459 Letter MOTION for Ronald Reid Welch to Withdraw as appointed class counsel in Moore v. Fordice, No. 4:90cv125−JAD (fcc) Modified on 04/25/2001
460 JUDGMENT OF USCA (certified copy) that the Judgment of the District Court is VACATED IN PART and REVERSED IN PART, and the cause is REMANDED to the District Court for further proceedings in accordance with the opinion of this Court ISSUED AS MANDATE: APRIL 27, 2001 Re: [341−1] appeal by Martin Groot, Willie Naylor, Gary Butler, Willie Gaines, Robert L. White, Robert Shaw, Steven Houston in 4:71−cv−00006, [334−1] appeal by Martin Groot, Willie Naylor, Willie Gaines, Robert L. White, Robert Shaw, Steven Houston in 4:71−cv−00006, [272−1] appeal by Martin Groot, Robert Shaw in 4:71−cv−00006, [118−1] appeal by Martin Groot, Willie Naylor, Gary Butler, Willie Gaines, Robert L. White, Robert Shaw, Steven Houston in 4:90−cv−00125, [112−1] appeal by Martin Groot, Willie Naylor, Willie Gaines, Robert L. White, Robert Shaw, Steven Houston in 4:90−cv−00125, [78−1] appeal by Martin Groot, Robert Shaw in 4:90−cv−00125 (fcc) (Entered: 05/08/2001)
461 VERIFIED MOTION by Nazareth Gates in 4:71−cv−00006 for Order Awarding April 2001 Attorney's Fees (fcc) (Entered: 05/08/2001)

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05/10/2001 05/14/2001
05/15/2001 05/15/2001 05/15/2001 05/17/2001 05/18/2001
05/31/2001 06/08/2001 06/13/2001 06/15/2001
06/15/2001 06/26/2001 07/02/2001 07/09/2001

NOTICE of address change: #83568, Unit 29−E, Parchman, MS 38738 by Ronald Weldon in 4:00−cv−00047 (fcc)
Record on Appeal returned from U.S. Court of Appeals: CONSISTING OF: original record on appeal (9) Vols; Supplemental Record (7) Vols.; original Exhibits (1) Box, (1) Env. (1) Sealed Env. [341−1] appeal in 4:71−cv−00006, [334−1] appeal in 4:71−cv−00006, [272−1] appeal in 4:71−cv−00006, [118−1] appeal in 4:90−cv−00125, [112−1] appeal in 4:90−cv−00125, [78−1] appeal in 4:90−cv−00125 (fcc)
Substituted Page 2 for Clerical Error in Order approving Old Tallahatchie County Jail Work Center in Sumner as a Joint State County Work Center for Housing State Prisoners dated November 14, 2000 re: Ltr. dtd 5/14/01 (Doc.#427) (fcc)
COPY of USDC/NDMS check no. 3437, in the amount of $1,300,000.00 payable to the State of Mississippi (fcc)
462 ORDER granting [461−1] motion for Order Awarding April 2001 Attorney's Fees; directing that dfts shall pay Ronald R. Welch, P.A., the flat rate sum of $5,100.00 NLT 10 da. from the date of this order. ( signed by Magistrate Judge Jerry A. Davis on 5/14/01) Date of Entry: 5/15/01 (fcc)
480 MOTION by Ronald Weldon in 4:00cv47 that he be allowed to represent himself, or in the alternative Compel atty Ron Welch to confer with pla in his lawsuit (fcc) (Entered: 08/29/2001)
463 ORDER granting [459−1] motion for Ronald Reid Welch to Withdraw as appointed class counsel in Moore v. Fordice, No. 4:90cv125−JAD (Terminated in 4:71−cv−00006, 4:90−cv−00125; designating Margaret Winter of the National Prison Project and Elizabeth Jane Hicks as CLASS COUNSEL for the plaintiffs in this case; directing plas to file additional pleadings regarding the issue of attorney's fees w/i 30 da. of this order or advise the court that they do not wish to file anything further. Counsel for dfts shall file their response w/i 14 da. of svc of any further pleadings by pla or notice that no further pleadings will be filed. ( signed by Magistrate Judge Jerry A. Davis on 5/17/01) Date of Entry: 5/18/01 (fcc) Modified on 05/18/2001
464 VERIFIED MOTION by Nazareth Gates in 4:71−cv−00006, et al for Order Awarding May 2001 Attorney's Fees (fcc)
465 ORDER granting [464−1] motion for Order Awarding May 2001 Attorney's Fees; directing dfts to pay Ronald R. Welch, P.A., the flat rate sum of $2500.00 NLT 10 da. fr. the date of this order. ( signed by Magistrate Judge Jerry A. Davis on 6/7/01) Date of Entry: 6/08/01 (fcc)
466 ORDER provisionally approving New Wayne County Detention Facility for the Housing of State Prisoners ( signed by Magistrate Judge Jerry A. Davis on 6/12/01) Date of Entry: 6/13/01 (fcc)
467 MOTION by Eddie Ray Gowdy in 4:90−cv−00125, Elton Banks in 4:90−cv−00125, David Darrell Moore in 4:90−cv−00125 for Margaret Winter, Stephen F. Hanlon and Leo G. Rydzewski to Appear Pro Hac Vice, in association with Elizabeth Jane Hicks, with Margaret Winter as lead counsel for the plaintiffs; Admission Fee: Amount $ 75.00 Receipt # 61744 (fcc)
468 SUPPLEMENTAL MOTION by David Darrell Moore in 4:90−cv−00125 for Attorney Fees (fcc)
469 MOTION by Nazareth (nmi) Gates in 4:71−cv−00006, Kirk Fordice in 4:90−cv−00125 to Extend Time to Respond to Plas' Supplemental Motion for Attorneys' Fees (fcc) Modified on 06/27/2001
470 MOTION by Nazareth Gates, et al in 4:71−cv−00006 for Order Awarding June 2001 Attorney's Fees (fcc)
471 ORDER granting [469−1] motion to Extend Time to Respond to Plas' Supplemental Motion for Attorneys' Fees in 4:71−cv−00006, 4:90−cv−00125, Response to Motion reset to 7/13/01 in 4:71−cv−00006, in 4:90−cv−00125 for [468−1] motion for Attorney Fees in 4:71−cv−00006, reset to 7/13/01 in 4:71−cv−00006, in 4:90−cv−00125 for [126−1] motion for Attorney Fees in 4:90−cv−00125 ( signed by

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07/12/2001 07/16/2001 07/17/2001 07/18/2001 07/18/2001 07/19/2001 07/23/2001
08/14/2001 08/17/2001 08/21/2001
08/29/2001
08/31/2001 08/31/2001

Magistrate Judge Jerry A. Davis on 7/6/01) Date of Entry: 7/9/01 (fcc)
472 ORDER granting [470−1] motion for Order Awarding June 2001 Attorney's Fees; directing dfts to pay Ronald Reid Welch, P.A., the flat rate sum of $5,250.00 NLT 10 da. from the date of this order. ( signed by Magistrate Judge Jerry A. Davis on 7/11/01) Date of Entry: 7/12/01 (fcc)
Copy of USDC/NDMS check no. 3457, in the amount of $2,721.33 payable to the U.S. Treasury (Memo: Registry fee 4:71cv006) (fcc)
473 RESPONSE by MDOC in opposition to [468−1] supplemental motion for Attorney Fees by David Darrell Moore in 4:71−cv−00006, [126−1] supplemental motion for Attorney Fees by David Darrell Moore in 4:90−cv−00125 (fcc)
Consolidated Lead Case (fcc) (Entered: 07/19/2001)
474 ORDER granting defendants' motion in 4:99cv61−D−D and consolidating for all purposes said cause with "Givhan v. Puckett, 4:82cv64−JAD, as consolidated with "Gates v. Fordice, et al GC71−6−JAD. ( signed by Magistrate Judge Jerry A. Davis on 7/17/01) Date of Entry: 7/19/01 (fcc) (Entered: 07/19/2001)
475 CONSENT MOTION by David Darrell Moore in 4:90−cv−00125 to Extend Time to file a Reply to Dfts' Response to Plas' Supplemental Motion for Attys' Fees (fcc) (Entered: 07/20/2001)
476 ORDER, Reply to Response to Motion reset to 8/22/01 in 4:71−cv−00006, in 4:90−cv−00125 for [475−1] motion to Extend Time to file a Reply to Dfts' Response to Plas' Supplemental Motion for Attys' Fees in 4:71−cv−00006, reset to 8/22/01 in 4:71−cv−00006, in 4:90−cv−00125 for [130−1] motion to Extend Time to file a Reply to Dfts' Response to Plas' Supplemental Motion for Attys' Fees in 4:90−cv−00125 ( signed by Magistrate Judge Jerry A. Davis on 7/01/01) Date of Entry: 7/23/01 (fcc)
477 MOTION by Nazareth Gates, et al by and through class counsel in 4:71−cv−00006 for Equitable Modification of Prior Orders as to Attorney's Fees and Expenses (fcc) (Entered: 08/15/2001)
478 CONSENT MOTION by David Darrell Moore, et al in 4:90−cv−00125 to Extend Time to File a Reply to Dfts' Response to Plas' Supplemental Motion for Atty's Fees (fcc)
479 ORDER granting [478−1] motion to Extend Time to File a Reply to Dfts' Response to Plas' Supplemental Motion for Atty's Fees in 4:71−cv−00006, 4:90−cv−00125, granting [130−1] motion to Extend Time to file a Reply to Dfts' Response to Plas' Supplemental Motion for Attys' Fees in 4:90−cv−00125, 4:71−cv−00006, Reply to Response to Motion reset to 9/25/01 in 4:71−cv−00006, in 4:90−cv−00125 for [468−1] motion for Attorney Fees in 4:71−cv−00006, reset to 9/25/01 in 4:71−cv−00006, in 4:90−cv−00125 for [126−1] motion for Attorney Fees in 4:90−cv−00125 ( signed by Magistrate Judge Jerry A. Davis on 8/20/01) Date of Entry: 8/21/01 (fcc)
481 ORDER denying [480−1] motion that he be allowed to represent himself, or in the alternative Compel atty Ron Welch to confer with pla in his lawsuit in 4:71−cv−00006, denying [63−1] motion that he be allowed to represent himself, or in the alternative Compel atty Ron Welch to confer with pla in his lawsuit in 4:00−cv−00047 ( signed by Magistrate Judge Jerry A. Davis on 8/24/01) Date of Entry: 8/29/01 (fcc)
Consolidated Lead Case (fcc)
482 ORDER adopting Report and Recommendation of Magistrate Judge dated June 6, 2001; adopting Recport and Recommendation of Magistrate Judge dated February 27, 2001; denying plas' Motions for Temporary Restraining Order and/or Preliminary Injunction; granting dfts' Motion to Transfer and Consolidate; transferring this case to the docket of Magistrate Judge Jerry A. Davis for consolidation with "Gates v. Collier, Cause No. 4:71cv06−JAD"; directing the clerk of the court to serve a copy of this order upon Ronald Reid Welch, plaintiff class attorney, PO Box 4589, Jackson, MS ( signed by Judge W. A. Pepper Jr. on 8/29/01) COB # 89 pg. 139−142 Date of Entry: 8/31/01 (fcc)

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08/31/2001 09/05/2001 09/06/2001 09/06/2001 09/07/2001 09/07/2001 09/07/2001
09/11/2001 09/18/2001 09/18/2001 09/18/2001 09/24/2001 09/24/2001 09/24/2001
09/24/2001 09/26/2001 09/28/2001 09/28/2001

483 MOTION by Nazareth Gates through class counsel in 4:71−cv−00006 to Amend and Modify Section IX(A) Order Regarding Use of Local Jails for Incarceration of State Prisoners, filed November 6, 1981 (fcc)
484 MOTION by Gary Moore in 4:00−cv−00315 for Reconsideration of [54−1] order in 4:00−cv−00315 (fcc) (jtm). (Entered: 09/06/2001)
485 MOTION to Intervene or in the Alternative, Motion for Contempt by John B. Irving, III and John C. Thrasher to case(s) 4:71−cv−00006, (fcc)
486 AMENDATORY ORDER approving newly renovated Harrison County Work Center for the Housing of 24 Additional State Inmates ( signed by Magistrate Judge Jerry A. Davis on 9/05/01) Date of Entry: 9/06/01 (fcc) (jtm).
487 DFTS' SEMI−ANNUAL REPORT TO THE COURT (consolidated with Stevenson, et al vs. Robert L. Johnson, et al 4:73cv76−JAD) (fcc)
488 RESPONSE by Defendants in 4:71−cv−00006 in opposition to [477−1] motion for Equitable Modification of Prior Orders as to Attorney's Fees and Expenses by Nazareth Gates (fcc) Modified on 09/07/2001
489 RESPONSE by Defendants in 4:71−cv−00006 in opposition to [483−1] motion to Amend and Modify Section IX(A) Order Regarding Use of Local Jails for Incarceration of State Prisoners, filed November 6, 1981 by Nazareth (nmi) Gates (fcc) Modified on 09/07/2001
490 RESPONSE by Ezell Wash in 4:00−cv−00315 in opposition to [51−1] motion to Hold Discovery in Abeyance by Robert Johnson in 4:00−cv−00315 (fcc) (Entered: 09/13/2001)
491 ORDER denying [53−1] motion for Subpoena and Testificandum in 4:00−cv−00047 at this time and reconsidered when filed by class counsel ( signed by Magistrate Judge Jerry A. Davis on 9/17/01) Date of Entry: 9/18/01 (fcc)
492 ORDER denying [41−1] motion for Sanctions for failure to produce discovery in 4:00−cv−00047 at this time and reconsidered when filed by class counsel. ( signed by Magistrate Judge Jerry A. Davis on 9/17/01) Date of Entry: 9/18/01 (fcc)
493 ORDER denying [42−1] motion for Summary Judgment in 4:00−cv−00047 ( signed by Magistrate Judge Jerry A. Davis on 9/17/01) Date of Entry: 9/18/01 (fcc)
494 MOTION by David Darrell Moore, et al in 4:90−cv−00125 for Modification of Hourly Rate Applicable to Motion and Supplemental Motion for Attorney's Fees (fcc)
495 RESPONSE by David Darrell Moore in 4:90−cv−00125 in opposition to [488−1] opposition response by Thomas D. Cook in 4:71−cv−00006 (fcc)
496 Copy of Ltr dtd 9/21/01, directed to Commissioner Robert Johnson, MDOC, from Ronald R. Welch regarding "Request for MDOC Administrative Action to Remedy UMMC's Continuing Failure to Provide any Dental Services at all to MSP Unit 32 and Failure to Provide Contractually Adequate Dental Staff/Svcs to Other MDOC and Regional Facilities" (fcc)
497 MOTION by Nazareth Gates, et al in 4:71−cv−00006 to Show Cause Why UMMC − MDOC Medical Services Contract Should Not be Terminated with Exhibit A Attached (fcc) Modified on 10/16/2002
498 NOTICE by plaintiff class counsel of County Jail Noncompliance by Failure to File Annual Joint Verified Report on Compliance re: Local Jails Order of 1997 filed April 7, 1997, Para. 2 at pg. 3 (fcc)
499 AMENDED Group Notice of County Jail Noncompliance by Failure to File Annual Joint Verified Report by plaintiff class counsel, Ronald R. Welch (fcc) (Entered: 10/01/2001)
500 SUPPLEMENTAL Notice of County Jail Noncompliance by Failure to File annual Joint Verified Report by plaintiff Class Counsel, Ronald R. Welch (fcc) (Entered: 10/01/2001)

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10/01/2001 10/02/2001 10/03/2001 10/09/2001 10/09/2001 10/11/2001 10/15/2001
10/15/2001 10/15/2001 10/15/2001 10/17/2001 10/17/2001 10/17/2001

501 MOTION by Nazareth Gates, et al in 4:71−cv−00006 for Order to Show Cause Why the University of Mississippi Medical Center should not be held in contempt and fined (fcc)
502 RESPONSE in opposition by MDOC to [494−1] motion for Modification of Hourly Rate Applicable to Motion and Supplemental Motion for Attorney's Fees by David Darrell Moore in 4:71−cv−00006, [134−1] motion for Modification of Hourly Rate Applicable to Motion and Supplemental Motion for Attorney's Fees by David Darrell Moore in 4:90−cv−00125 (fcc)
503 ANNUAL REPORT of Alcorn County Jail pursuant to the annual report requirement of the 4/7/97 Local Jails Order of 1997 (fcc)
504 NOTICE by plaintiff class counsel of Jackson County Jail Noncompliance as provided in the Local Jails Order of 1997 filed April 7, 1997 (fcc)
505 NOTICE by plaintiffs' class counsel of Washington County Jail Noncompliance as provided in the Local Jails Order of 1997 filed April 7, 1997 (fcc)
506 NOTICE by plaintiff class counsel of Leflore County Jail Noncompliance as provided in the Local Jails Order of 1997 filed April 7, 1997 (fcc)
ALIAS SUMMONS issued for Robert NMI Johnson in 4:00−cv−00315, James Anderson in 4:00−cv−00315, Walter Booker in 4:00−cv−00315, W. L. Holman in 4:00−cv−00315, Robert Armstrong in 4:00−cv−00315, Gene Crocker in 4:00−cv−00315, Earl Jackson in 4:00−cv−00315, Jessie Streeter in 4:00−cv−00315, Christopher Epps in 4:00−cv−00315, Larry Keys in 4:00−cv−00315, Pamely Lee in 4:00−cv−00315, Charles Thomas in 4:00−cv−00315, Glenn Adams in 4:00−cv−00315, Willie Walker in 4:00−cv−00315, Case Manager Jackson in 4:00−cv−00315, Sam Webb in 4:00−cv−00315, Jacqilyn Maxwell in 4:00−cv−00315, Maud Irby in 4:00−cv−00315, Joe Conners in 4:00−cv−00315, Frank Grammar in 4:00−cv−00315, Larry Hardy in 4:00−cv−00315; directing process to be served via U.S.Marshal upon Leonard Vincent, Staff Atty MSP, on behalf of all the named defendants in this lawsuit; directing the Staff Atty to notify the court in writing if any of the dfts are no longer employed at MDOC and giving their last known addresses (In Re: Order dated July 9, 2001 in 4:00cv315) (fcc) Modified on 10/15/2001
507 RESPONSE by defendants in opposition to [501−1] motion for Order to Show Cause Why the University of Mississippi Medical Center should not be held in contempt and fined by Nazareth (nmi) Gates, [497−1] motion to Show Cause Why UMMC/MDOC Medical Services Contract Should Not be Terminated w/Exhibit "A" attached by Nazareth (nmi) Gates (fcc) (Entered: 10/16/2001)
508 RESPONSE by David Darrell Moore, et al in 4:90−cv−00125 in opposition to [497−1] motion to Show Cause Why UMMC/MDOC Medical Services Contract Should Not be Terminated w/Exhibit "A" attached by Nazareth (nmi) Gates in 4:71−cv−00006 (fcc) (Entered: 10/16/2001)
509 DECLARATION OF MARGARET WINTER, with exhibits, Exhibit B (filed "under seal" in a brown envelope with the document) by David Darrell Moore in 4:90−cv−00125 Re: [508−1] opposition response by David Darrell Moore in 4:71−cv−00006, 4:90−cv−00125, [136−1] opposition response in 4:90−cv−00125, 4:71−cv−00006 (fcc) (Entered: 10/16/2001)
510 VERIFIED MOTION by Nazareth Gates, et al, through class counsel in 4:71−cv−00006 for Judgment on their Motion for Equitable Modification of Prior Orders and their Motion to Amend and Clarify Order Regarding Use of Local Jails to Incarceration of State Prisoners (fcc)
511 MOTION by Ezell Wash, et al in 4:00−cv−00315 for Voluntary Dismissal of Equitable Claims keeping only monetary claims viable, etc. (fcc) Modified on 10/19/2001
512 ORDER granting [511−1] motion to Voluntary Dismissal of Equitable Claims keeping only monetary claims viable and deconsolidate this case; dismissing injunctive and declaratory relief claims; proceeding forward solely on monetary claims; deconsolidating this case with 4:71cv6−JAD; retaining Garry Lee Moore as lead Plaintiff in 4:00cv315−JAD; directing the clerk to reassign this case to a District

Case: 4:71-cv-6 As of: 10/19/2019 10:42 AM CDT 55 of 114

10/18/2001 10/22/2001 10/22/2001
10/23/2001
10/31/2001 11/13/2001
11/13/2001 11/21/2001 11/26/2001 11/26/2001 11/26/2001
12/04/2001 12/05/2001 12/05/2001 12/06/2001 12/11/2001 01/04/2002 01/07/2002 01/11/2002

Judge. in 4:71−cv−00006, 4:00−cv−00315 ( signed by Magistrate Judge Jerry A. Davis on 10/16/01) Date of Entry: 10/17/01 (fcc)
513 MOTION by Nazareth Gates, through class counsel in 4:71−cv−00006 for Nunc Pro Tunc Order Reopening State Correctional Facilities Portion of Lead Case (fcc)
Copy of Ltr. dtd 10/15/01 directed to Plas' Class Counsel, Ron Welch, from John C. Thrasher #49162, regarding proposed contempt action Re: John B. Irving, III, John C. Thrasher, et al (placed in file) (fcc)
514 ORDER consolidating this case for all purposes on injunctive relief claims only with 4:01cv95; directing the clerk to file all documents in the Lead Case unless counsel directs otherwise; designating the Lead Case as 4:71cv06. ( signed by Magistrate Judge Jerry A. Davis on 10/19/01) Date of Entry: 10/23/01 (fcc) (Entered: 10/23/2001)
515 ORDER consolidating this case for all purposes on injunctive relief claims only with 4:01cv120; directing the clerk to file all documents in the lead case unless counsel directs otherwise; designating the lead case as 4:71cv6. ( signed by Magistrate Judge Jerry A. Davis on 10/19/01) Date of Entry: 10/23/01 (fcc)
516 VERIFIED MOTION by Nazareth Gates by class counsel in 4:71−cv−00006 for Order Awarding July, August, September, October 2001 Atty's Fees (fcc) (Entered: 11/01/2001)
517 ORDER granting [516−1] motion for Order Awarding July, August, September, October 2001 Atty's Fees, directing dfts to pay Ronald R. Welch, the flat rate sum of $9,995.00 NLT 10 da. from the date of this order. ( signed by Magistrate Judge Jerry A. Davis on 11/09/01) Date of Entry: 11/13/01 (fcc)
518 Copy of Plaintiffs' class counsel, Ronald R. Welch, letter dated 11/8/01 to Commissioner Robert Johnson of Dept. of Corrections for Immediate Removal of Working State Inmates from Old, Renovated Marion County Jail (fcc)
519 DFTS' REPORT TO THE COURT dated 11/19/01 (fcc)
520 ANNUAL REPORT of George County Jail (fcc)
Consolidated Lead Case (fcc) (Entered: 11/27/2001)
521 ORDER OF CONSOLIDATION for all purposes on injunctive relief claims only with 4:01cv115−P−A (Phillip Carter vs. Robert Johnson, et al); designating plaintiff class attorney, Margaret Winter, Esq., to represent pla's interests in his pursuit of injunctive relief; designating 4:71cv6−JAD as the LEAD CASE. ( signed by Magistrate Judge S. Allan Alexander on 11/20/01) Date of Entry: 11/27/01 (fcc) (Entered: 11/27/2001)
522 ANNUAL REPORT of Pontotoc County Jail (fcc)
523 MOTION to Reduce Its Court Approved Capacity for Incarcerating State Inmates, AND RESPONSE by Jackson County, MS and Sheriff Mike Byrd in 4:71−cv−00006 to [504−1] Notice of Noncompliance (fcc) (Entered: 12/06/2001)
523 MOTION by Jackson County, MS in 4:71−cv−00006, Mike Byrd in 4:71−cv−00006 to Reduce Its Court Approved Capacity for Incarcerating State Inmates and RESPONSE to Plas' Notice of Noncompliance (fcc) (Entered: 12/06/2001)
ACKNOWLEDGEMENT OF RECEIPT by Phillip Marcus Carter 4:01cv115 to [521−1] order (fcc)
Per Ltr. dtd 12/4/01 from Darwin M. Maples, attorney for Sheriffof George County and George County Board of Supervisors, inserted page that was ommitted from "Motion and Response" (See: Doc.#523) (fcc) (Entered: 12/12/2001)
524 RESPONSE by the Sheriff of Washington County in opposition to [505−1] remark (fcc)
525 RESPONSE by Leflore County, MS to [506−1] Notice of Leflore County Jail Noncompliance (fcc)
526 MOTION by David Darrell Moore, et al in 4:90−cv−00125 to replace Class Represenative Willie L. Naylor, Jr. with class members Gary Butler, Jason Williams,

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01/17/2002 01/17/2002 02/05/2002
02/21/2002 03/12/2002 03/13/2002 03/21/2002
03/21/2002 03/21/2002
03/22/2002
03/25/2002 03/26/2002
03/28/2002 04/12/2002
04/19/2002 04/23/2002

and Rudolph Carter (fcc)
527 NOTICE of Withdrawal of Moore Plaintiffs' January 7, 2002 Motion to Replace Class Representative re: Doc.#526 (fcc) (Entered: 01/18/2002)
528 UNOPPOSED MOTION by David Darrell Moore in 4:90−cv−00125 to Replace Class Representative Willie L. Naylor, Jr. with class members Gary Butler, Jason Williams, and Rudolph Carter (fcc) (Entered: 01/18/2002)
529 ORDER granting [528−1] motion to Replace Class Representative Willie L. Naylor, Jr. with class members Gary Butler, Jason Williams, and Rudolph Carter in 4:71−cv−00006, 4:90−cv−00125 ( signed by Magistrate Judge Jerry A. Davis on 02/01/02) Date of Entry: 02/05/02 (fcc)
530 SECOND ORDER approving old, renovated Marion County Jail for the housing of additional state prisoners ( signed by Magistrate Judge Jerry A. Davis on 2/20/02) Date of Entry: 2/21/02 (fcc)
531 VERIFIED MOTION by Nazareth Gates, et al in 4:71−cv−00006 for order awarding November and December 2001 Atty's Fees (fcc)
532 VERIFIED MOTION by court appointed counsel for Nazareth Gates, et al in 4:71−cv−00006 for awarding January and February 2002 Attorney Fees (fcc)
533 ORDER granting [531−1] motion for order awarding November and December 2001 Atty's Fees; directing the defendants to pay Ronald R. Welch, P.A., the flat rate of $4,100.00 NLT 10 da. from the date of this order. ( signed by Magistrate Judge Jerry A. Davis on 3/20/02) Date of Entry: 3/22/02 (fcc) (Entered: 03/22/2002)
Consolidated Lead Case (fcc) Modified on 03/22/2002 (Entered: 03/22/2002)
534 ORDER consolidating this case with 4:01cv281 Jay Boler vs. Gov. Ronnie Musgrove, et al (mbr case); denying dfts' motion to dismiss this case; denying pla's motion to consolidate with Pruitt v. Musgrove, 4:01cv299; directing the clerk to send a copy of the complaint in 4:01cv281 to Ron Welch, Esq., court appointed counsel for Gates class. ( signed by Magistrate Judge Jerry A. Davis on 3/20/02) Date of Entry: 3/22/02 (fcc) Modified on 03/22/2002 (Entered: 03/22/2002)
535 ORDER granting [467−1] motion for Margaret Winter, Stephen F. Hanlon and Leo G. Rydzewski to Appear Pro Hac Vice, in association with Elizabeth Jane Hicks, with Margaret Winter as lead counsel for the plaintiffs; in 4:71−cv−00006, 4:90−cv−00125 ( signed by Magistrate Judge Jerry A. Davis on 3/21/02) Date of Entry: 3/25/02 (fcc) (Entered: 03/25/2002)
536 DFTS' SEMI−ANNUAL REPORT TO THE COURT on the Inmate Legal Assistance Program (consolidated with Stevenson, et al vs. Robert L. Johnson, et al; 4:73cv76) (fcc)
537 ORDER granting [532−1] motion for awarding January and February 2002 Attorney Fees; directing defendants to pay Ronald R. Welch, P.A., the flat rate sum of $1,000.00 NLT 10 days from the date of this order. ( signed by Magistrate Judge Jerry A. Davis on 3/20/02) Date of Entry: 3/26/02 (fcc)
538 APPEAL of Magistrate Decision to District Court by Jay Boler in 4:01−cv−00281 (re: Doc.#27) (fcc)
539 MOTION by Nazareth Gates, through class counsel in 4:71−cv−00006 to Dismiss Leflore County's "Motion to Amend Order dated October 17, 1990, to Increase Capacities of Leflore County Jail", dated January 4, 2002 (fcc) Modified on 04/16/2002 (Entered: 04/16/2002)
540 NOTICE by plaintiff class counsel of County Jail Noncompliance by failure to file verified evidence that deficiencies noted in most recent state inspectors' reports have been corrected (fcc)
541 Pla's Notice to court regarding Hourly Rate Applicable to Motion and Supplemental Motion for Attorneys' Fees (fcc)

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04/23/2002
04/29/2002 05/06/2002 05/08/2002 05/10/2002
05/10/2002 05/10/2002 05/13/2002 05/20/2002 05/22/2002 06/18/2002 06/26/2002
07/11/2002 07/12/2002 07/18/2002
07/23/2002
07/23/2002 07/29/2002

542 MOTION by Leflore County, MS to Extend Time to respond to plas' Motion to Dismiss Leflore County's Motion to Amend Order dtd 10/17/90, to increase capacities of the Leflore County Jail [re:Doc.#539] (fcc) Modified on 04/24/2002 (Entered: 04/24/2002)
543 REPORT of Forrest County, MS, concerning Deficiencies Identified by State Inspections of County Jail and County Work Center (fcc) (Entered: 05/02/2002)
544 ANNUAL REPORT of Leake County Jail as required of the 4/7/97 Local Jails Order of 1997 (fcc)
545 George County, MS's Answer to Plas' Notice of County Jail Noncompliance (fcc) (Entered: 05/09/2002)
546 ORDER granting [542−1] motion to Extend Time to respond to plas' Motion to Dismiss Leflore County's Motion to Amend Order dtd 10/17/90, to increase capacities of the Leflore County Jail, Response to Motion reset to 5/13/02 for [539−1] motion to Dismiss Leflore County's "Motion to Amend Order dated October 17, 1990, to Increase Capacities of Leflore County Jail", dated January 4, 2002 ( signed by Magistrate Judge Jerry A. Davis on 5/9/02) Date of Entry: 5/10/02 (fcc)
547 ORDER provisionally approving ore tenus motion of dfts and plas to approve New Choctaw County Jail for the Housing of State Prisoners ( signed by Magistrate Judge Jerry A. Davis on 9/5/02) Date of Entry: 5/10/02 (fcc)
548 ANNUAL REPORT of Webster County Jail, pursuant to 4/7/97 Local Jails Order of 1997 (fcc)
549 ANNUAL REPORT OF Stone County Jail, pursuant to 4/7/97 Local Jails Order of 1997 (fcc) (Entered: 05/14/2002)
550 ANNUAL REPORT of Jefferson County Jail pursuant to the annual report requirement of the 4/7/97 Local Jails Order of 1997 (fcc)
551 ANNUAL REPORT of Holmes County Jail pursuant to the annual report requirement of the 4/7/97 Local Jails Order of 1977. (fcc)
552 ORDER CONDITIONALLY REAPPROVING Old Leflore County Jail for the Housing of State Prisoners ( signed by Magistrate Judge Jerry A. Davis on 6/17/02) Date of Entry: 6/18/02 (fcc)
553 ORDER granting joint ore tenus motion of the parties for a second order amending the court's prior "Order...Approving New Union County Jail..," and "New Union County Jail Amendatory Order," so as to increase up to a maximum of 21 working State prisoners. ( signed by Magistrate Judge Jerry A. Davis on 6/25/02) Date of Entry: 6/26/02 (fcc)
554 VERIFIED MOTION by Nazareth Gates, et al in 4:71−cv−00006 for order awarding March, April, May & June 2002 Atty's Fees (fcc)
555 RESPONSE by Coahoma County Jail pursuant to annual report requirement of the 4/7/97 LOCAL JAILS ORDER OF 1997 (fcc)
556 ORDER sua sponte transferring this action cause no. 1:02cv261, Willie Russell, et al vs. Robert L. Johnson, et al to be incorporated in cause no. 71cv06, Gates v. Collier; transferring cause no. 1:02cv261 to Magistrate Judge Davis for all purposes. ( signed by Chief Judge Glen H. Davidson on 7/18/02) Date of Entry: 7/22/02 (fcc) (Entered: 07/22/2002)
557 ORDER granting [554−1] motion for order awarding March, April, May & June 2002 Atty's Fees; directing dfts to pay Ronald Reid Welch, P.A., the flat rate sum of $1,500.00 NLT 10 da. from the date of this order. ( signed by Magistrate Judge Jerry A. Davis on 7/22/02) Date of Entry: 7/23/02 (fcc)
558 MOTION to Extend Time for Copiah County to Respond to Notice of Non−Compliance (fcc)
559 VERIFIED MOTION by Nazareth Gates, et al in 4:71−cv−00006 to Reopen Lead Case to Enforce Court Orders Concerning Institutional Inspections by State Agencies and Correction of Deficiencies Noted (fcc) (Entered: 07/30/2002)

Case: 4:71-cv-6 As of: 10/19/2019 10:42 AM CDT 58 of 114

07/29/2002 08/02/2002 08/02/2002 08/21/2002 08/27/2002
08/28/2002
08/28/2002 09/03/2002 09/17/2002 09/20/2002 09/24/2002
09/25/2002 10/02/2002

560 VERIFIED MOTION by Nazareth Gates, et al in 4:71−cv−00006 for Order Reopening Gates v. Collier Lead Case to Enforce Court Orders (fcc) (Entered: 07/30/2002)
561 CERTIFICATE OF COMPLIANCE by Copiah County Dentention Center (fcc)
562 VERIFIED MOTION by Active County Jail Case Plaintiffs through plas' Class Counsel for Declaratory Judgment that the dft Governor's Partial, "Line Item" Veto of MDOC's Legislative Appropriations Bill is Invalid (fcc)
563 NOTICE of Attorney Appearance for MDOC in 4:71−cv−00006, Ronnie Musgrove in 4:71−cv−00006 by John L. Maxey, II, Esq., Sharon M. Garner, Esq. (fcc) (Entered: 08/23/2002)
564 MOTION by Thomas D. Cook in 4:71−cv−00006 to Extend Time to Respond to pla's "Verified Motion for Order Reopening "Gates v. Collier" (Lead Case) to Enforce Court Orders Concerning Institutional Inspections by State Agencies and Correction of Deficiencies Noted", to extend time to Respond to "Request for Population Compliance in Named MDOC Satellite Facility Units Currently Exceeding Capacities" and to extend time to Respond to "Verified Motion for a Declaratory Judgment that the Dft Governor's Partial Line Item Veto of MDOC's Legislative Appropriations Bill is Invalid" (fcc) Modified on 08/28/2002 (Entered: 08/28/2002)
565 ORDER granting [564−1] motion to Extend Time to Respond to pla's "Verified Motion for Order Reopening "Gates v. Collier" (Lead Case) to Enforce Court Orders Concerning Institutional Inspections by State Agencies and Correction of Deficiencies Noted", etc., Response to Motion reset to 10/4/02 for [562−1] motion for Declaratory Judgment that the dft Governor's Partial, "Line Item" Veto of MDOC's Legislative Appropriations Bill is Invalid, reset to 10/4/02 for [560−1] motion for Order Reopening Gates v. Collier Lead Case to Enforce Court Orders, reset to 10/4/02 for [559−1] motion to Reopen Lead Case to Enforce Court Orders Concerning Institutional Inspections by State Agencies and Correction of Deficiencies Noted ( signed by Magistrate Judge Jerry A. Davis on 8/27/02) Date of Entry: 8/28/02 (fcc)
566 ORDER on joint ore tenus motion of defendants and plaintiffs APPROVING George County Regional Correctional Facility for the Housing of State Prisoners ( signed by Magistrate Judge Jerry A. Davis on 8/27/02) Date of Entry: 8/28/02 (fcc)
567 VERIFIED MOTION by Nazareth Gates, et al through court appointed counsel in 4:71−cv−00006 for Order Awarding July and August 2002 Attorney Fees (fcc)
568 ORDER granting [567−1] motion for Order Awarding July and August 2002 Attorney Fees; directing dfts to pay Ronald Reid Welch the flat rate sum of $4,300.00 NLT 10 days from the date of this order. ( signed by Magistrate Judge Jerry A. Davis on 9/16/02) Date of Entry: 9/17/02 (fcc)
569 Copy of Class Counsel's Ltr dtd 9/18/02 addressed to Joe Goff, SAAG, regarding "Request for Compliance with Standing County Jail and County Jail Contempt Fine Orders in 'Gates v. Collier'" (fcc) Modified on 09/24/2002 (Entered: 09/23/2002)
570 ORDER approving and adopting the Report and Recommendation of U. S. Magistrate Judge Jerry A. Davis dated June 5, 2002, dismissing plaintiff, Derrick Solomon Pruitt's, claims for injunctive relief as MOOT; consolidating for all purposes Derrick Solomon Pruitt, 4:01cv299 with Boler v. Musgrove, 4:01cv281 and Gates v. Musgrove, 4:71cv06 and denying as MOOT pla's motion to consolidate with Boler v. Musgrove, 4:01cv281. ( signed by Judge W. A. Pepper Jr. on 9/19/02) COB # 92 pg. 113 Date of Entry: 9/24/02 (fcc)
571 Copy of Letter dtd 9/23/02, by class counsel to Joe Goff, MODIFIED "Request for Compliance with Standing County Jail and County Jail Contempt Fine Orders in Gates v. Collier", No. 4:71cv06−JAD (fcc) (Entered: 10/02/2002)
572 ORDER, setting status conference and hearing on all pending motions for 10:00 a.m. October 29, 2002, in Oxford Motion Hearing set for 10:00 10/29/02 in 4:71−cv−00006, in 4:82−cv−00064, in 4:95−cv−00283 for [562−1] motion for Declaratory Judgment that the dft Governor's Partial, "Line Item" Veto of MDOC's Legislative Appropriations Bill is Invalid in 4:71−cv−00006, set for 10:00 10/29/02 in 4:71−cv−00006, in 4:82−cv−00064, in 4:95−cv−00283 for [560−1] motion for Order Reopening Gates v. Collier Lead Case to Enforce Court Orders in 4:71−cv−00006, set

Case: 4:71-cv-6 As of: 10/19/2019 10:42 AM CDT 59 of 114

10/02/2002 10/04/2002

for 10:00 10/29/02 in 4:71−cv−00006, in 4:82−cv−00064, in 4:95−cv−00283 for [559−1] motion to Reopen Lead Case to Enforce Court Orders Concerning Institutional Inspections by State Agencies and Correction of Deficiencies Noted in 4:71−cv−00006, set for 10:00 10/29/02 in 4:71−cv−00006, in 4:82−cv−00064, in 4:95−cv−00283 for [558−1] motion to Extend Time for Copiah County to Respond to Notice of Non−Compliance in 4:71−cv−00006, set for 10:00 10/29/02 in 4:71−cv−00006, in 4:82−cv−00064, in 4:95−cv−00283 for [539−1] motion to Dismiss Leflore County's "Motion to Amend Order dated October 17, 1990, to Increase Capacities of Leflore County Jail", dated January 4, 2002 in 4:71−cv−00006, set for 10:00 10/29/02 in 4:71−cv−00006, in 4:82−cv−00064, in 4:95−cv−00283 for [523−1] motion to Reduce Its Court Approved Capacity for Incarcerating State Inmates in 4:71−cv−00006, set for 10:00 10/29/02 in 4:71−cv−00006, in 4:82−cv−00064, in 4:95−cv−00283 for [513−1] motion for Nunc Pro Tunc Order Reopening State Correctional Facilities Portion of Lead Case in 4:71−cv−00006, set for 10:00 10/29/02 in 4:71−cv−00006, in 4:82−cv−00064, in 4:95−cv−00283 for [510−1] motion for Judgment on their Motion for Equitable Modification of Prior Orders and their Motion to Amend and Clarify Order Regarding Use of Local Jails to Incarceration of State Prisoners in 4:71−cv−00006, set for 10:00 10/29/02 in 4:71−cv−00006, in 4:82−cv−00064, in 4:95−cv−00283 for [501−1] motion for Order to Show Cause Why the University of Mississippi Medical Center should not be held in contempt and fined in 4:71−cv−00006, set for 10:00 10/29/02 in 4:71−cv−00006, in 4:82−cv−00064, in 4:95−cv−00283 for [497−1] motion to Show Cause Why UMMC/MDOC Medical Services Contract Should Not be Terminated w/Exhibit "A" attached in 4:71−cv−00006, set for 10:00 10/29/02 in 4:71−cv−00006, in 4:82−cv−00064, in 4:95−cv−00283 for [494−1] motion for Modification of Hourly Rate Applicable to Motion and Supplemental Motion for Attorney's Fees in 4:71−cv−00006, set for 10:00 10/29/02 in 4:71−cv−00006, in 4:82−cv−00064, in 4:95−cv−00283 for [485−1] motion to Intervene or in the Alternative, Motion for Contempt by John B. Irving, III and John C. Thrasher to case(s) 4:71−cv−00006, in 4:71−cv−00006, set for 10:00 10/29/02 in 4:71−cv−00006, in 4:82−cv−00064, in 4:95−cv−00283 for [484−1] motion for Reconsideration of [54−1] order in 4:00−cv−00315 in 4:71−cv−00006, set for 10:00 10/29/02 in 4:71−cv−00006, in 4:82−cv−00064, in 4:95−cv−00283 for [483−1] motion to Amend and Modify Section IX(A) Order Regarding Use of Local Jails for Incarceration of State Prisoners, filed November 6, 1981 in 4:71−cv−00006, set for 10:00 10/29/02 in 4:71−cv−00006, in 4:82−cv−00064, in 4:95−cv−00283 for [477−1] motion for Equitable Modification of Prior Orders as to Attorney's Fees and Expenses in 4:71−cv−00006, set for 10:00 10/29/02 in 4:71−cv−00006, in 4:82−cv−00064, in 4:95−cv−00283 for [468−1] motion for Attorney Fees in 4:71−cv−00006 ( signed by Magistrate Judge Jerry A. Davis on 9/25/02) Date of Entry: 10/02/02 (fcc)
573 MOTION by Thomas D. Cook, et al in 4:71−cv−00006 to Extend Time to Respond to Plas' Motions (fcc)
574 ORDER granting [573−1] motion to Extend Time to Respond to the outstanding motions of the Plaintiffs', Response to Motion reset to 10/12/02 for [562−1] motion for Declaratory Judgment that the dft Governor's Partial, "Line Item" Veto of MDOC's Legislative Appropriations Bill is Invalid, reset to 10/12/02 for [560−1] motion for Order Reopening Gates v. Collier Lead Case to Enforce Court Orders, reset to 10/12/02 for [559−1] motion to Reopen Lead Case to Enforce Court Orders Concerning Institutional Inspections by State Agencies and Correction of Deficiencies Noted, reset to 10/12/02 for [558−1] motion to Extend Time for Copiah County to Respond to Notice of Non−Compliance, reset to 10/12/02 for [539−1] motion to Dismiss Leflore County's "Motion to Amend Order dated October 17, 1990, to Increase Capacities of Leflore County Jail", dated January 4, 2002, reset to 10/12/02 for [523−1] motion to Reduce Its Court Approved Capacity for Incarcerating State Inmates, reset to 10/12/02 for [513−1] motion for Nunc Pro Tunc Order Reopening State Correctional Facilities Portion of Lead Case, reset to 10/12/02 for [510−1] motion for Judgment on their Motion for Equitable Modification of Prior Orders and their Motion to Amend and Clarify Order Regarding Use of Local Jails to Incarceration of State Prisoners, reset to 10/12/02 for [501−1] motion for Order to Show Cause Why the University of Mississippi Medical Center should not be held in contempt and fined, reset to 10/12/02 for [497−1] motion to Show Cause Why UMMC/MDOC Medical Services Contract Should Not be Terminated w/Exhibit "A" attached, reset to 10/12/02 for [494−1] motion for Modification of Hourly Rate

Case: 4:71-cv-6 As of: 10/19/2019 10:42 AM CDT 60 of 114

10/10/2002 10/11/2002
10/11/2002
10/15/2002 10/15/2002 10/17/2002 10/17/2002 10/17/2002 10/17/2002 10/17/2002 10/25/2002 10/30/2002
10/30/2002
10/31/2002

Applicable to Motion and Supplemental Motion for Attorney's Fees, reset to 10/12/02 for [485−1] motion to Intervene or in the Alternative, Motion for Contempt by John B. Irving, III and John C. Thrasher to case(s) 4:71−cv−00006,, reset to 10/12/02 for [484−1] motion for Reconsideration of [54−1] order in 4:00−cv−00315, reset to 10/12/02 for [483−1] motion to Amend and Modify Section IX(A) Order Regarding Use of Local Jails for Incarceration of State Prisoners, filed November 6, 1981, reset to 10/12/02 for [477−1] motion for Equitable Modification of Prior Orders as to Attorney's Fees and Expenses, reset to 10/12/02 for [468−1] motion for Attorney Fees ( signed by Magistrate Judge Jerry A. Davis on 10/03/02) Date of Entry: 10/04/02 (fcc)
575 Copy of letter dtd 10/7/02, from Gates Class Counsel to Joe Goff, AAG, regarding Status of County Jail Approval in Gates v. Collier (fcc)
576 NOTICE OF APPEAL of [14−1] order in 4:01−cv−00299, [13−1] order in 4:01−cv−00299 by Derrick Solomon Pruitt in 4:01−cv−00299. FILING FEE $ 105.00 RECEIPT # 68855 Appeal record due on 10/26/02 in 4:71−cv−00006, in 4:01−cv−00299 (fcc)
577 NOTICE OF APPEAL of [38−1] order in 4:01−cv−00281, [37−1] order in 4:01−cv−00281, [36−1] order in 4:01−cv−00281, [35−1] order in 4:01−cv−00281, [34−1] order in 4:01−cv−00281 by Jay Boler in 4:01−cv−00281. FILING FEE $ 105.00 RECEIPT # 68854 Appeal record due on 10/26/02 in 4:71−cv−00006, in 4:01−cv−00281 (fcc)
Notice of Appeal and certified copy of docket to USCA: [39−1] appeal by Jay Boler in 4:01−cv−00281, [577−1] appeal by Jay Boler in 4:71−cv−00006 (fcc)
Notice of Appeal and certified copy of docket to USCA: [15−1] appeal by Derrick Solomon Pruitt in 4:01−cv−00299, [576−1] appeal by Derrick Solomon Pruitt in 4:71−cv−00006 (fcc)
578 RESPONSE by Thomas D. Cook in 4:71−cv−00006 in opposition to [558−1] motion to Extend Time for Copiah County to Respond to Notice of Non−Compliance (fcc) (Entered: 10/18/2002)
579 RESPONSE by Thomas D. Cook in 4:71−cv−00006 in opposition to [560−1] motion for Order Reopening Gates v. Collier Lead Case to Enforce Court Orders by Nazareth (nmi) Gates (fcc) (Entered: 10/18/2002)
580 RESPONSE by Thomas D. Cook in 4:71−cv−00006 in opposition to [562−1] motion for Declaratory Judgment that the dft Governor's Partial, "Line Item" Veto of MDOC's Legislative Appropriations Bill is Invalid (fcc) (Entered: 10/18/2002)
581 NOTICE OF APPEAL of 4:01cv115 Phillip Marcus Carter vs. Robert Johnson, et al . Appeal record due on 11/1/02 (fcc) (Entered: 10/18/2002)
Notice of Appeal and certified copy of docket to USCA: [581−1] appeal [Carter v. Johnson, et al 4:01cv115] (fcc) (Entered: 10/18/2002)
582 ORDER consolidating cause with 1:02cv261 (signed by Magistrate Judge Jerry A. Davis on 10/25/02) Date of Entry: 10/25/02 (jla)
Certified and transmitted Record on Appeal to U.S. Court of Appeals: consisting of (1) Volume of Record; (1) transcript −0− depos/exhibits [15−1] appeal by Derrick Solomon Pruitt in 4:01−cv−00299, [576−1] appeal by Derrick Solomon Pruitt in 4:71−cv−00006 (fcc) Modified on 10/31/2002
Certified and transmitted Record on Appeal to U.S. Court of Appeals: consisting of (2) Volumes of record; −0− transcripts; −0− depos/exhibits; (1) Video Tape Spears Hrg. [39−1] appeal by Jay Boler in 4:01−cv−00281, [577−1] appeal by Jay Boler in 4:71−cv−00006 (fcc) Modified on 10/30/2002
USCA Case Number Re: [15−1] appeal by Derrick Solomon Pruitt in 4:01−cv−00299, [576−1] appeal by Derrick Solomon Pruitt in 4:71−cv−00006 USCA NUMBER: 02−60878 (fcc)

Case: 4:71-cv-6 As of: 10/19/2019 10:42 AM CDT 61 of 114

10/31/2002 11/05/2002
11/07/2002 11/08/2002 11/08/2002 11/15/2002 11/15/2002 11/15/2002 11/15/2002 11/22/2002
11/22/2002
12/09/2002 12/23/2002 12/27/2002 12/30/2002 01/15/2003 01/15/2003 01/15/2003

USCA Case Number Re: [39−1] appeal by Jay Boler in 4:01−cv−00281, [577−1] appeal by Jay Boler in 4:71−cv−00006 USCA NUMBER: 02−60879 (fcc)
583 ORDER denying pla Boler's motion to appeal a ruling of the undersigned to the District Judge. This case has now been consolidated with Gates v. Cook, 4:71cv6−JAD, a consent case, and there is no appeal, therefore to a district judge; in addition, the pla has a court−appointed lawyer who will decide whether a motion should be filed in this case. No pro se motions will be accepted. ( signed by Magistrate Judge Jerry A. Davis on 11/4/02) Date of Entry: 11/6/02 (fcc) (Entered: 11/06/2002)
Transmitted Supplemental Record on Appeal: [39−1] appeal by Jay Boler in 4:01−cv−00281, [577−1] appeal by Jay Boler in 4:71−cv−00006 re:Doc.#42 (fcc)
584 VERIFIED MOTION by Nazareth Gates, et al, through class attorney in 4:71−cv−00006 for Order Awarding September and October 2002 Atty's Fees (fcc)
585 APPEAL of Magistrate Decision to District Court by Derrick Solomon Pruitt in 4:01−cv−00299 [re: Doc.#13 & #16] (fcc) Modified on 11/08/2002
NOTICE of Docketing ROA from USCA Re: [15−1] appeal by Derrick Solomon Pruitt in 4:01−cv−00299, [576−1] appeal by Derrick Solomon Pruitt in 4:71−cv−00006 USCA Number: 02−60878 (fcc)
NOTICE of Docketing ROA from USCA Re: [39−1] appeal by Jay Boler in 4:01−cv−00281, [577−1] appeal by Jay Boler in 4:71−cv−00006 USCA Number: 02−60879 (fcc)
586 SECOND NOTICE OF APPEAL AND DESIGNATION OF THE RECORD of [16−1] order in 4:01−cv−00299 by Derrick Solomon Pruitt in 4:01−cv−00299. Appeal record due on 11/30/02 in 4:01−cv−00299, in 4:71−cv−00006 (fcc)
587 SECOND NOTICE OF APPEAL AND DESIGNATION OF RECORD of [41−1] order in 4:01−cv−00281, [40−1] order in 4:01−cv−00281 . Appeal record due on 11/30/02 in 4:01−cv−00281, in 4:71−cv−00006 (fcc)
588 ORDER granting [584−1] motion for Order Awarding September and October 2002 Atty's Fees, directing dfts to pay Ronald Reid Welch, P.A., the flat rate sum of $1,890.00 NLT 10 da. from the date of this order. ( signed by Magistrate Judge Jerry A. Davis on 11/21/02) Date of Entry: 11/22/02 (fcc)
589 ORDER granting [510−1] motion for Judgment on their Motion for Equitable Modification of Prior Orders and their Motion to Amend and Clarify Order Regarding Use of Local Jails to Incarceration of State Prisoners; MODIFYING AND AMENDING Amendatory Local Jails Order filed January 2, 1998. ( signed by Magistrate Judge Jerry A. Davis on 11/21/02) Date of Entry: 12/02/02 (fcc) (Entered: 12/02/2002)
USCA Case Number Re: [18−1] appeal by Derrick Solomon Pruitt in 4:01−cv−00299, [587−1] appeal in 4:71−cv−00006 USCA NUMBER: 02−60878 (fcc)
Second Appeal Filing Fee Paid; FILING FEE $ 105.00 RECEIPT # 69861 (fcc)
590 SECOND SUPPLEMENTAL MOTION by David Darrell Moore in 4:90−cv−00125 for Attorney Fees (fcc) (Entered: 12/30/2002)
591 VERIFIED MOTION by Nazareth Gates through class attorney in 4:71−cv−00006 for order awarding November−December 2002 Attorney Fees (dmd)
592 MEMORANDUM OPINION ( signed by Magistrate Judge Jerry A. Davis on 1/14/03) re: 1:02cv261 Willie Russell, et al vs. Robert L. Johnson, et al (fcc)
593 ORDER denying plaintiffs' motion to certify class as MOOT. ( signed by Magistrate Judge Jerry A. Davis on 1/14/03) Date of Entry: 1/15/03 [re: 1:02cv261 Willie Russell, et al vs. Robert L. Johnson, et al] (fcc)
594 ORDER granting [591−1] motion for order awarding November−December 2002 Attorney Fees; directing dfts to pay Ronald Reid Welch, P.A., the flat rate sum of $6,800.00 NLT 10 da. from the date of this order. ( signed by Magistrate Judge Jerry A. Davis on 1/14/03) Date of Entry: 1/15/03 (fcc)

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02/19/2003
02/27/2003 03/05/2003 03/12/2003
03/13/2003
03/13/2003 03/13/2003 03/13/2003 03/14/2003 03/17/2003 03/26/2003 04/01/2003
04/04/2003

595 ORDER on pla's Motion to Enforce Court Ordered Population Limits directing dfts to provide inmates with living area square footage approved by the American Correctional Association or fifty square feet and that the dfts will provide the court with the court ordered capacity of each unit within ninety (90) days. ( signed by Magistrate Judge Jerry A. Davis on 2/13/03) Date of Entry: 2/24/03 (fcc) Modified on 06/14/2004 (Entered: 02/24/2003)
596 MOTION by Nazareth Gates, et al in 4:71−cv−00006 to Alter or Amend [595−1] order (fcc) (Entered: 03/03/2003)
597 VERIFIED MOTION by Nazareth Gates in 4:71−cv−00006 for Order Awarding January−February 2003 Attorney Fees (fcc)
598 ORDER denying as moot [558−1] motion to Extend Time for Copiah County to Respond to Notice of Non−Compliance, denying as moot [539−1] motion to Dismiss Leflore County's "Motion to Amend Order dated October 17, 1990, to Increase Capacities of Leflore County Jail", dated January 4, 2002, denying motion to Reduce Its Court Approved Capacity for Incarcerating State Inmates, denying as moot [483−1] motion to Amend and Modify Section IX(A) Order Regarding Use of Local Jails for Incarceration of State Prisoners, filed November 6, ( signed by Magistrate Judge Jerry A. Davis on 3/11/03) Date of Entry: 3/12/03 (fcc) Modified on 03/13/2003
599 ORDER denying [560−1] motion for Order Reopening Gates v. Collier Lead Case to Enforce Court Orders, denying [559−1] motion to Reopen Lead Case to Enforce Court Orders Concerning Institutional Inspections by State Agencies and Correction of Deficiencies Noted, denying [513−1] motion for Nunc Pro Tunc Order Reopening State Correctional Facilities Portion of Lead Case ( signed by Magistrate Judge Jerry A. Davis on 3/12/03) COB # 93 pg. 155 Date of Entry: 3/13/03 (fcc)
600 ORDER denying [501−1] motion for Order to Show Cause Why the University of Mississippi Medical Center should not be held in contempt and fined, denying [497−1] motion to Show Cause Why UMMC − MDOC Medical Services Contract Should Not be Terminated with Exhibit A Attached ( signed by Magistrate Judge Jerry A. Davis on 3/12/03) COB # 93 pg. 156 Date of Entry: 3/13/03 (fcc)
601 ORDER denying [484−1] motion for Reconsideration of [54−1] order in 4:00−cv−00315 ( signed by Magistrate Judge Jerry A. Davis on 3/12/03) COB # 93 pg. 157 Date of Entry: 3/13/03 (fcc)
602 ORDER denying [485−1] motion to Intervene or in the Alternative, Motion for Contempt by John B. Irving, III and John C. Thrasher to case(s) 4:71−cv−00006, ( signed by Magistrate Judge Jerry A. Davis on 3/12/03) COB # 93 pg. 158 Date of Entry: 3/13/03 (fcc)
603 ORDER granting [597−1] motion for Order Awarding January−February 2003 Attorney Fees; directing dfts to pay Ronald Reid Welch, P.A., the flat rate sum of $1800.00 NLT 10 days from the date of this order. ( signed by Magistrate Judge Jerry A. Davis on 3/13/03) Date of Entry: 3/17/03 (fcc) (Entered: 03/17/2003)
604 SEMI−ANNUAL REPORT to the Court by Defendants on the Inmate Legal Assistance Program (fcc)
605 DEFENDANTS' SEMI−ANNUAL REPORT TO THE COURT regarding MDOC Inmate Legal Assistance Program implemented on/about 11/01/97 (fcc)
606 ORDER awarding the following fees and expenses to plaintiffs attorneys, to−wit: (1) For work until April 23, 2001, 932.33 hours x $113 = $105.353.29; (2) For work after April 23, 2001, 213 hours x $150 = $31,950.00; and (3) For expenses = $3,038.34 (one−third of requested amount of $9,115); totaling $140,341.63; defendants shall pay the total amount of $140,341.63 within thirty days of this order. ( signed by Magistrate Judge Jerry A. Davis on 3/31/03) COB # 93 pg. 196−198 Date of Entry: 4/01/03 (fcc)
607 ORDER for clarification concerning the length of time that a non−working, non−trusty status state inmate may remain in an approved county jail after MDOC has received the inmate's commitment order. (Note: The Agreed Local Jail Order entered June 29, 2000, modified the court's October 17, 1990 order) ( signed by Magistrate Judge Jerry A. Davis on 04/03/03) COB # 93 pg. 203−204 Date of Entry: 04/04/03 (fcc)

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04/16/2003 05/05/2003 05/08/2003 05/12/2003 05/15/2003 05/15/2003 05/20/2003
05/20/2003
05/21/2003
05/22/2003
05/28/2003 06/12/2003 06/18/2003 06/27/2003 06/30/2003
07/07/2003 07/10/2003 07/14/2003

Copy of Ltr dtd 4/14/03 from Class Counsel Ronald Reid Welch to Inmate Legal Asst. Program Director, Gia McLeod, requesting a written response to ILAP complaints, etc. (placed in file) (fcc)
Copy of Ltr Response dtd 5/1/03 addressed to Ronald Welch (Class Counsel) from Gia N. McLeod, regarding ILAP Complaints dated 3/26/03 (fcc) (Entered: 05/07/2003)
608 VERIFIED MOTION by Nazareth Gates, et al in 4:71−cv−00006 for Order Awarding March−April 2003 Attorney Fees (fcc)
609 JUDGMENT OF USCA (certified copy) DISMISSING APPEAL; ISSUED AS MANDATE: MAY 07, 2003, Re: [586−1] appeal by Derrick Solomon Pruitt, [576−1] appeal by Derrick Solomon Pruitt (fcc)
610 ORDER granting [596−1] motion to Alter or Amend [595−1] order; amending and superseding the court's order of February 13, 2003. ( signed by Magistrate Judge Jerry A. Davis on 5/13/03) Date of Entry: 5/16/03 (fcc) (Entered: 05/16/2003)
611 DFTS' Report to the Court on Updated MDOC Unit Capacities consistent with the Court's February 13, 2003 Order (fcc) (Entered: 05/16/2003)
612 ORDER granting [608−1] motion for Order Awarding March−April 2003 Attorney Fees; directing dfts to pay Ronald R. Welch, the flat rate sum of $3,680.00 NLT 10 da. from the date of this order. ( signed by Magistrate Judge Jerry A. Davis on 5/19/03) Date of Entry: 5/20/03 (fcc)
613 VERIFIED MOTION by Class Counsel for dfts Nazareth Gates, et al in 4:71−cv−00006 for Order to Show Cause Why Dfts Should Not be held in Contempt and Fined for Violation to Standing Orders Limiting Capacities in Dfts' Housing Units (fcc)
614 MEMORANDUM OPINION AND ORDER ON FINAL JUDGMENT directing remedial action by the defendants to correct the Eighth Amendment violations identified in the court's opinion; directing the defendants to report their progress to the court by July 7, 2003; granting plaintiffs until July 17, 2003, to respond to any matters raised by the defendants; awarding plaintiffs reasonable attorneys' fees and expenses IAW the local rules. ( signed by Magistrate Judge Jerry A. Davis on 5/21/03) Date of Entry: 5/23/03 [SEE: Cause No. 1:02cv261−JAD] (fcc) (Entered: 05/23/2003)
615 ORDER directing that Christopher Epps, the Commissioner for MDOC, be present at the scheduled status conference in this cause at 11:30 a.m. on May 27, 2003, in Aberdeen, MS. ( signed by Magistrate Judge Jerry A. Davis on 5/19/03) (fcc) (Entered: 05/23/2003)
616 ANNUAL REPORT OF Issaquena County Jail, dated May 19, 2003, pursuant to the April 7, 1997, Local Jails Order (fcc)
617 VERIFIED MOTION by counsel for plaintiffs' Nazareth Gates in 4:71−cv−00006 for Order Awarding May 2003 Attorney Fees (fcc) (Entered: 06/13/2003)
618 ANNUAL REPORT OF Bolivar County Jail, pursuant to Local Jails Order dated June 7, 2997 (fcc)
619 ANNUAL REPORT OF Leaks County Jail pursuant to order dated April 7, 1997, Local Jails Order (fcc)
620 ORDER granting [617−1] motion for Order Awarding May 2003 Attorney Fees; directing defendants to pay Ronald Reid Welch, P.A., the flat rate sum of $1240.00 NLT 10 days from the date of this order. ( signed by Magistrate Judge Jerry A. Davis on 6/26/03) Date of Entry: 6/30/03 (fcc)
621 VERIFIED MOTION by Nazareth Gates, et al in 4:71−cv−00006 for Order Awarding June 2003 Attorney Fees (fcc)
622 ANNUAL REPORT of Holmes County Jail, pursuant to Order dated April 7, 1997 (fcc)
623 ORDER granting [621−1] motion for Order Awarding June 2003 Attorney Fees; directing dfts to pay Ronald Reid Welch the flat rate sum of $2600 NLT ten days from the date of this order. ( signed by Magistrate Judge Jerry A. Davis on 7/10/03) Date of

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07/18/2003 07/21/2003 07/21/2003 08/06/2003 08/18/2003
09/05/2003 09/08/2003 09/08/2003 09/12/2003
09/24/2003 10/03/2003 10/08/2003 10/10/2003 10/10/2003 10/10/2003 10/20/2003 10/22/2003 10/22/2003

Entry: 7/14/03 (fcc)
Note: Pla John B. Irving III #30881 pleading to proceed IFP returned −− all pleadings must be filed through Class Counsel per Ltr. dtd 7/15/03 (fcc) (Entered: 07/21/2003)
624 JUDGMENT OF USCA (certified copy) DISMISSED as FRIVOLOUS: ISSUED AS MANDATE: JULY 18, 2003 Re: [577−1] appeal by Jay Boler in 4:71−cv−00006, [39−1] appeal by Jay Boler in 4:01−cv−00281 (fcc)
Record on Appeal returned from U.S. Court of Appeals: [43−1] appeal in 4:01−cv−00281, [39−1] appeal in 4:01−cv−00281, [577−1] appeal in 4:71−cv−00006; consisting of (8) Vols. of record; (1) Spears Hrg. Tape dated 01/10/02 (fcc)
625 VERIFIED MOTION by Nazareth Gates' Class Counsel in 4:71−cv−00006 for Order Awarding July 2003 Attorney Fees (fcc)
626 ORDER granting [625−1] motion for Order Awarding July 2003 Attorney Fees; directing dfts to pay Ronald Reid Welch, P.A., the flat rate sum of $1,000.00 NLT 10 da. from the date of this order. ( signed by Magistrate Judge Jerry A. Davis on 8/15/03) Date of Entry: 8/19/03] (fcc) (Entered: 08/19/2003)
628 DFTS' Semi−Annual Report to the Court by Leonard C. Vincent, Staff Attorney MDOC (fcc) (Entered: 09/08/2003)
627 JUDGMENT OF USCA (certified copy) DISMISSING the appeal for lack of jurisdiction Re: [581−1] appeal (fcc)
Record on Appeal returned from U.S. Court of Appeals: consisting of (1) volume of record and (1) Spears Hrg. Video Tape [581−1] appeal (fcc)
629 ORDER on status conferences held on May 27, 2003 and June 13, 2003, on pending motions and recent orders; amending and clarifying the court's orders of February 13, 2003 and May 13, 2003, setting a hearing for November 13, 2003, at 1:00 p.m. in the Magistrate Judges' Courtroom, Oxford, MS, for testimony from the Dept. of Fin. And Admin. personnel involving establishing final inmate population capacities based on the evidence before the court.( signed by Magistrate Judge Jerry A. Davis on 9/11/03) Date of Entry: 9/12/03 (fcc)
630 AGREED ORDER approving Old Tallahatchie County Jail in Sumner as a Joint State County Work Center for the Housing of State Prisoners ( signed by Magistrate Judge Jerry A. Davis on 9/22/03) Date of Entry: 9/29/03 (fcc) (Entered: 09/29/2003)
631 AGREED ORDER approving New Sunflower County Jail for the Housing of State Prisoners ( signed by Magistrate Judge Jerry A. Davis on 10/03/03) Date of Entry: 10/06/03 (fcc) (Entered: 10/06/2003)
632 Ltr. from Ronald Reid Welch to Commissioner Chris Epps dated 10/7/03, regarding Request for Removal of State Inmates from Disapproved Lauderdale County Jail (fcc)
633 MOTION to Intervene by to case(s) 4:71−cv−00006, Cedric King in 4:71−cv−00006 , for Temporary Restraining Order (fcc) (Entered: 10/17/2003)
634 MOTION to Intervene by to case(s) 4:71−cv−00006, Brian Hollingsworth in 4:71−cv−00006 , for Temporary Restraining Order (fcc) (Entered: 10/17/2003)
635 MOTION to Intervene by to case(s) 4:71−cv−00006, Charlie Lester in 4:71−cv−00006 , for Temporary Restraining Order (fcc) (Entered: 10/17/2003)
636 VERIFIED MOTION by Nazareth Gates, et al in 4:71−cv−00006 through court appointed counsel for Order Awarding August/September 2003 Attorney Fees (fcc)
637 AGREED ORDER approving New Lauderdale County Jail for the Housing of State Prisoners ( signed by Magistrate Judge Jerry A. Davis on 10/21/03) Date of Entry: 10/22/03 (fcc) Modified on 10/22/2003
638 AGREED ORDER approving Lauderdale County's Hilltop Honor Farm Work Center for the Housing of State Prisoners ( signed by Magistrate Judge Jerry A. Davis on 10/21/03) Date of Entry: 10/22/03 (fcc)

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10/22/2003 10/22/2003 10/22/2003 10/27/2003 11/03/2003 11/12/2003 11/12/2003 11/12/2003 12/01/2003 12/08/2003 12/09/2003
12/22/2003 01/05/2004 01/07/2004
01/07/2004

639 AGREED ORDER provisionally approving Chickasaw County Jail in Houston for the Housing of State Prisoners ( signed by Magistrate Judge Jerry A. Davis on 10/21/03) (fcc)
640 AGREED ORDER conditionally approving Older Madison County Jail for the housing of state prisoners. ( signed by Magistrate Judge Jerry A. Davis on 10/21/03) Date of Entry: 10/22/03 (fcc)
641 AGREED ORDER approving Old, Renovated Marion County Jail for the housing of additional state prisoners ( signed by Magistrate Judge Jerry A. Davis on 10/21/03) Date of Entry: 10/22/03 (fcc)
642 ORDER granting [636−1] motion for Order Awarding August/September 2003 Attorney Fees; directing dfts to pay Ronald R. Welch, P.A., the flat rate sum of $2,840.00 no later than 10 days from the date of this order. ( signed by Magistrate Judge Jerry A. Davis on 10/27/03) Date of Entry: 10/27/03 (fcc)
643 VERIFIED MOTION by Nazareth Gates in 4:71−cv−00006 for Order Awarding October 2003 Attorney Fees (fcc)
644 ORDER granting [643−1] motion for Order Awarding October 2003 Attorney Fees to be paid to Ronald Reid Welch, P.A., the flat rate sum of $960.00 NLT 10 da. from the date of this order. ( signed by Magistrate Judge Jerry A. Davis on 11/10/03) Date of Entry: 11/12/03 (fcc)
645 ORDER approving New Newton County Jail for the housing of state prisoners ( signed by Magistrate Judge Jerry A. Davis on 11/10/03) Date of Entry: 11/12/03 (fcc)
646 ORDER provisionally approving New Wayne County Detention Facility for the housing of state prisoners. ( signed by Magistrate Judge Jerry A. Davis on 11/10/03) Date of Entry: 11/12/03 (fcc)
647 VERIFIED MOTION by Nazareth Gates in 4:71−cv−00006 for Order Awarding November 2003 Attorney Fees (fcc) (Entered: 12/02/2003)
648 RESPONSE by dfts Ronnie Musgrove, et al in 4:71−cv−00006, 4:82cv64, 4:95cv283, 4:73cv76 in opposition to [647−1] motion for Order Awarding November 2003 Attorney Fees by Nazareth (nmi) Gates (fcc)
649 ORDER granting [647−1] motion for Order Awarding November 2003 Attorney Fees in 4:71cv6, 4:82cv64, 4:95cv283, 4:73cv76; that for compensable services and expenses rendered in these consolidated cases in November 2003, dfts shall pay Ronald R. Welch, P.A., the flat rate sum of $3,920.00 NLT 10 da. from the date of this order. ( signed by Magistrate Judge Jerry A. Davis on 12/8/03) Date of Entry: 12/9/03 (fcc)
650 MOTION by Charles Hadley in 4:71−cv−00006 for contempt citation and for order enforcing federal court mandate (fcc) (Entered: 01/05/2004)
651 VERFIED MOTION by Nazareth Gates et alin 4:71−cv−00006 for Order Awarding December 2003 Attorney Fees (fcc)
652 AMENDATORY ORDER on plas' ore tenus motion to Amend the Order of September 11, 2003, amending paragraphs 5 and 6 at pages 2−3 of the Court's order of September 11, 2003, that Department of Finance and Administration (DFA) shall report its findings in writing and under oath, to the court NLT Monday, January 5, 2004, pertaining to the state facilities. The findings of the (DFA) as to the private facilities shall be due by January 12, 2004; subsequently, upon its own motion or the motion of any party, the court will schedule a hearing to hear testimony from all the DFA personnel involved in the measurement, calculation, and preparation of the sworn reports, to hear such other testimony as may be presented in support or in rebuttal, and to hear arguments of the parties. The court will thereafter, establish final inmate population capacities based on the evidence before it. ( signed by Magistrate Judge Jerry A. Davis on 1/05/04) Date of Entry: 1/07/04 COB #95, pages 116−117 (fcc)
653 REPORTS of Central Mississippi Correctional Facility Area Report − October, 2003; Parchman Area Report − October 2003; South Mississippi Correctional Facility Area Report − October, 2003, pursuant to order dated September 13, 2003 (Doc.#629) and Amendatory Order dated January 5, 2004 (Doc#652). [Reports separated from the

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01/09/2004 01/12/2004
01/13/2004
02/23/2004 03/12/2004 03/19/2004 03/19/2004 03/25/2004 03/25/2004 03/29/2004
03/29/2004 03/29/2004 04/02/2004 04/02/2004
04/06/2004 04/08/2004

record in a brown envelope] (fcc) Modified on 01/13/2004
654 MOTION by Nazareth Gates in 4:71−cv−00006 for Order Finally Disbursing Interest Earned (fcc)
655 REPORTS pursuant to Order of September 13, 2003 (Doc.#629) and the Amendatory Order (Doc.#652); Bolivar County Regional Correctional Facility; Carrol−Montgomery Regional Correctional Facility; East Mississippi Correctional Facility; George County Regional Correctional Facility; Holmes−Humphreys County Regional Correctional Facility; Issaquena/Sharkey Regional Correctional Facility; Jefferson−Franklin County Regional Correctional Facility; Kemper−Neshoba County Regional Correctional Facility; Leake County Regional Correctional Facility; Marion−Wathall Regional Correctional Facility; Marshall County Facility; Stone/Pearl River Regional Correctional Facility; Walnut Grove Juvenile Correctional Facility; Wilkinson County Correctional Center; Winston−Choctaw County Regional Correctional Facility (fcc) (Entered: 01/13/2004)
656 ORDER granting [651−1] motion for Order Awarding December 2003 Attorney Fees; directing dfts to pay Ronald Reid Welch, P.A., the flat rate sum of $3960.00 NLT 10 da. from the date of this order. ( signed by Magistrate Judge Jerry A. Davis on 1/12/04) Date of Entry: 1/13/04 (fcc)
657 MOTION by Danny McGleachie in 4:71−cv−00006 for contempt citation and for order enforcing Federal Court Mandate (fcc) (Entered: 03/03/2004)
658 MOTION by Ronnie Musgrove in 4:71−cv−00006 to Dismiss Pursuant to Consent Decree or, in the alternative, for Termination of Relief Under 18 USCA Section 3626(b) (fcc) (Entered: 08/30/2004)
659 ANNUAL REPORT of Issquena County Jail, pursuant to the annual report requirement of the April 7, 1997 Local Jails Order of 1997 (fcc)
660 MOTION by Jay Boler in 4:71−cv−00006 for contempt citation and for order enforcing district court mandate (fcc) (Entered: 03/25/2004)
661 ANNUAL REPORT of Bolivar County Jail pursuant to the annual report requirement of the April 7, 1997, Local Jails Order of 1997 (fcc)
662 VERIFIED MOTION by Nazareth Gates in 4:71−cv−00006 for Order Awarding January, February and March 2004, Attorney Fees (fcc)
663 ORDER on motion to dismiss, the court having conducted a telephonic conference with the parties, finding that discovery should be opened until May 31, 2004; hearing on motion set at 10:00 a.m. on June 28, 2004, Oxford, MS. ( signed by Magistrate Judge Jerry A. Davis on 3/25/04) Date of Entry: 3/30/04 (fcc) (Entered: 03/30/2004)
664 ANNUAL REPORT of Leake County Jail, pursuant to annual report requirement of the 4/7/97 Local Jails Order of 1997 (fcc) (Entered: 03/30/2004)
665 ANNUAL REPORT of Jefferson County Jail pursuant to the annual report requirement of the 4/7/97 Local Jails Order of 1997 (fcc) (Entered: 03/30/2004)
666 Letter dated 3/30/04 from Class Counsel, Ronald R. Welch, to Joe Goff, SAAG, re: Demand for Agreed Court Order Compliance in Operation of MSP's Unit 29−I Bldg. (fcc)
667 MOTION by Nazareth Gates, et al in 4:71−cv−00006 for Injunctive Relief Identifying, then Suspending and Restraining Defendants' Enforcement of or Obediance to State Statute(s) Which Impede or Prevent State Defendants' Compliance with this Court's Prison/Jail Capacity Orders (fcc) (Entered: 04/06/2004)
668 ANNUAL REPORT of Holmes County Jail pursuant to the annual report requirements of the 4/7/97 Local Jails Order of 1997 (fcc)
669 ORDER granting [662−1] motion for Order Awarding January, February and March 2004, Attorney Fees; directing the dfts to pay Ronald Reid Welch, the flat rate sum of $4480.00 NLT 10 da. from the date of this order. ( signed by Magistrate Judge Jerry A. Davis on 4/5/04) Date of Entry: 4/8/04 (fcc)

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04/08/2004 04/13/2004 04/22/2004 04/27/2004 04/28/2004 04/28/2004 05/03/2004
05/10/2004
05/17/2004 06/10/2004
06/10/2004
06/10/2004 06/23/2004 06/23/2004 07/02/2004 07/12/2004

670 DEFENDANTS' Semi−Annual Report to the Court on the Legal Assistance Program (fcc)
671 ORDER approving New Marion County Jail for Women for the Housing of Female State Prisoners ( signed by Magistrate Judge Jerry A. Davis on 4/12/04) Date of Entry: 4/13/04 (fcc)
672 RESPONSE by Joe Goff, SAAG, to [666−1] Ltr. dated March 30, 2004, concerning Unit 29 I Building (fcc)
673 VERIFIED MOTION by Nazareth Gates in 4:71−cv−00006 for Order Awarding April 2004 Attorney Fees (fcc)
674 MOTION to Intervene by Eugene Wright to case(s) 4:71−cv−00006, Eugene Wright in 4:71−cv−00006 , for Leave to File Motion for Contempt Citation (fcc)
675 Letter dtd 4/26/04 from Ronald R. Welch, Class Counsel, to Joe Goff, Asst. Atty Gen., regarding the Demand for Agreed Court Order Compliance in Operation of MSP's Unit 29−I Building (fcc)
676 RESPONSE by Ronnie Musgrove in 4:71−cv−00006 in opposition to [667−1] motion for Injunctive Relief Identifying, then Suspending and Restraining Defendants' Enforcement of or Obediance to State Statute(s) Which Impede or Prevent State Defendants' Compliance with this Court's Prison/Jail Capacity Orders by Nazareth (nmi) Gates (fcc)
677 ORDER granting [673−1] motion for Order Awarding January, February, and March Attorney Fees through March 24, 2004, directing dfts to pay Ronald Reid Welch, P.A., the flat rate sum of $1240.00 no later than 10 days from the date of this order. ( signed by Magistrate Judge Jerry A. Davis on 5/6/04) Date of Entry: 5/11/04 (fcc) (Entered: 05/11/2004)
678 RESPONSE by Ronnie Musgrove in 4:71−cv−00006 to [675−1] regarding Unit 29 I and J Building (fcc)
679 ORDER on status conference held June 4, 2004, regarding HIV infected inmates not being housed in the Community Work Centers (CWC's) of the Mississippi Department of Corrections and pursuant to an Agreed Judgment of Settlement and Dismissal on the 28th day of June, 1995, finding that class members shall not be excluded from consideration for community work center placement solely on the grounds that they are HIV positive, etc. ( signed by Magistrate Judge Jerry A. Davis on 6/7/04) Date of Entry: 6/14/04 (fcc) (Entered: 06/14/2004)
680 ORDER on status conference held June 4, 2004, regarding the new measurements of the completed units at Mississippi Dept. of Corrections (MDOC), finding that the dfts shall w/i 60 da. of this order report to the court the ACA court−mandated maximum number of inmates, as well as operational number of the units w/i MDOC; directing plas to respond to dfts report w/i 30 da.; setting this matter for a hearing on the maximum occupancy of each unit at 9:30 a.m. on October 20, 2004, Oxford. ( signed by Magistrate Judge Jerry A. Davis on 6/7/04) Date of Entry: 6/14/04 (fcc) Modified on 06/14/2004 (Entered: 06/14/2004)
Hearing on the maximum occupancy of each unit at MDOC set for 9:30 10/20/04 Oxford before Magistrate Judge Jerry A. Davis (fcc) (Entered: 06/28/2004)
681 NOTICE by plaintiffs' class counsel of Pike County Jail Noncompliance by Exceeding Mandated State and/or Total Prisoner Population Capacities (fcc)
682 RESPONSE of Pike County, MS, and its Sheriff, Mark Shepherd to [681−1] Notice of Pike County Jail Noncompliance by Exceeding Mandated State and/or Total Prisoner Population Capacities (fcc)
683 VERFIED MOTION by Nazareth Gates in 4:71−cv−00006 for Order Awarding May, June 2004, Attorney Fees (fcc)
Marked "Received" and placed in file − Supplemental Exhibit "A" to "Notice of Pike County Jail Non−Compliance by Exceeding Court Ordered State and/or Total Prisoner Population Capacities" re: Doc.#681 (fcc) Modified on 07/12/2004

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07/15/2004
07/21/2004 07/21/2004 07/26/2004 07/28/2004 07/28/2004
07/29/2004
08/03/2004 08/05/2004 08/09/2004 08/16/2004 08/23/2004 08/25/2004 08/26/2004
08/30/2004 08/31/2004 09/01/2004 09/02/2004 09/03/2004

684 ORDER granting [683−1] motion for Order Awarding May, June 2004, Attorney Fees; directing defendants to pay Ronald R. Welch, the flat rate sum of $2,280.00 no later than 10 days from the date of this order. ( signed by Magistrate Judge Jerry A. Davis on 7/13/04) Date of Entry: 7/15/04 (fcc)
685 SUPPLEMENTAL REPORT for Delta Correctional Facility dated 7/16/04 (fcc)
686 JUDGMENT OF USCA (certified copy) affirming in part and vacating in party the judgment of the District Court; Re: [587−1] appeal (jla)
687 ORDER Reapproving Forrest County Jail for the Housing of State Prisoners ( signed by Magistrate Judge Jerry A. Davis on 7/22/04) Date of Entry: 7/26/04 (fcc)
688 Notice of Rankin County Jail Noncompliance by Exceeding Mandated State and Total Prisoner Population Capacities (dmd)
Mail returned (copy of judgment from 5th Circuit) on this date from the following people: Thomas Ellis, Paul J. Williams, III, Ezra Charles Prater, Joseph Wright, Arthur Nickens, Curtis Winters, All Inmate Writ Writers for Units 29,30 and 32 MDOC, Michael Haynes, Melvin Griffin, James E. Jones, Archie N. Smith, and Lorenzo Dillingham (dmd) (Entered: 08/19/2004)
689 ORDER directing the State of Mississippi to file w/i 30 da. of this order a listing of each county housing state inmates, the approved number for each county, and the daily count of state inmates for the past six months. Class counsel may respond within twenty−one (21) days of the receipt of the listing. This matter is added and will be addressed at the hearing scheduled for 9:30 a.m., October 20, 2004, in Oxford, MS. ( signed by Magistrate Judge Jerry A. Davis on 7/27/04) Date of Entry: 7/29/04 (fcc)
Mail returned in Appeal 1:02cv261 (Eastern Div.) addressed to Donna H. Lee, Esq. and Jerome Wesevich, Esq. (USCA/no. 03−60529) (fcc)
690 DEFENDANTS' REPORT to the court on ACA/Court Ordered/Mandated Inmate Population Caps (fcc)
691 AMENDED REPORT dated July 19, 2004, by Bureau of Building, Grounds and Real Property Management at Delta Correctional Facility (fcc) (Entered: 08/16/2004)
692 NOTICE by plaintiffs' class counsel of Choctaw County Jail Noncompliance with May 22, 2002 "Order Provisionally Approving New Choctaw County Jail for the Housing of State Prisoners" (fcc) (Entered: 08/17/2004)
693 ORDER, Directing tour of Unit 32 to include class counsel, Ron Welch ; tour shall be completed by 6:00 p.m. on 8/31/04 ( signed by Magistrate Judge Jerry A. Davis on 8/19/04) Date of Entry: 8/23/04 (dmd) Modified on 08/24/2004
694 NOTICE by Plaintiffs' Class Counsel of Automatic Disapproval of the Pike County Jail for Housing State Prisoners (fcc)
695 DEFENDANTS' REPORT TO THE COURT pursuant to court's order dated July 22, 2004, that dfts file with the court a list of each county housing State inmate, the approved number for each county, and the daily count of state inmates for the past six months. (See: Exhibit "A" separated from the record in an accordion file) (fcc)
696 POST TRIAL Brief by Ronnie Musgrove in 4:71−cv−00006 for [658−1] motion to Dismiss Pursuant to Consent Decree or, in the alternative, for Termination of Relief Under 18 USCA Section 3626(b) by Ronnie Musgrove (fcc)
697 NOTICE by Class Counsel of Attala County Jail Noncompliance by Exceeding Mandated State and Total Prisoner Population Capacities (fcc) (Entered: 09/01/2004)
698 Defendant's Semi−Annual Report to the Court covering the Inmate Legal Assistance Program through the month of August 2004 (dmd) (Entered: 09/02/2004)
699 VERIFIED MOTION by Nazareth Gates in 4:71−cv−00006 for Order Awarding July, August 2004 Attorney Fees (dmd)
700 JUDGMENT OF USCA (certified copy) affirming in part and vacating in part the district court opinion; Re: [587−1] appeal (jla)

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09/03/2004 09/09/2004 09/13/2004 09/15/2004 09/16/2004
09/17/2004 09/23/2004
09/27/2004 09/27/2004 09/27/2004 09/28/2004 09/30/2004 10/07/2004 10/07/2004 10/07/2004 10/07/2004 10/07/2004 10/07/2004 10/07/2004 10/07/2004

701 JUDGMENT OF USCA (certified copy) denying motion for attorneys fees (jla)
Mail (Appeal order filed 9/3/04) returned for Thomas Ellis, Paul Williams, III, James Jones, Joseph Wright, Archie Smith, Lorenzo Dillingham, Ezra Prater, Arthur Nickens, All inmate writ writers for Unit 29, 30 and 32 (mhg)
702 PIKE COUNTY, MISSISSIPPI'S Response in Opposition to Notice of Automatic Disapproval of Pike County Jail for Housing State Prisoners (fcc)
Mail returned (doc #700) addressed to Jerome Wesevich and Melvin Griffin (mhg)
703 ORDER granting [699−1] motion for Order Awarding July, August 2004 Attorney Fees; directing defendants to pay Ronald Reid Welch, P.A. the flat rate sum of $3,851.00 no later than 10 days from the date of this order ( signed by Magistrate Judge Jerry A. Davis on 9/14/04) Date of Entry: 9/16/04 (dmd)
Mail (doc #700) returned for Robert Lewis (mhg)
704 ORDER denying [635−1] motion to Intervene by to case(s) 4:71−cv−00006, Charlie Lester in 4:71−cv−00006, denying [635−2] motion for Temporary Restraining Order, denying [634−1] motion to Intervene by to case(s) 4:71−cv−00006, Brian Hollingsworth in 4:71−cv−00006, denying [634−2] motion for Temporary Restraining Order, denying [633−1] motion to Intervene by to case(s) 4:71−cv−00006, Cedric King in 4:71−cv−00006, denying [633−2] motion for Temporary Restraining Order ( signed by Magistrate Judge Jerry A. Davis on 9/22/04) Date of Entry: 9/23/04 (fcc)
705 ORDER denying [650−1] motion for contempt citation and for order enforcing federal court mandate ( signed by Magistrate Judge Jerry A. Davis on 9/24/04) Date of Entry: 9/27/04 (dmd)
706 ORDER denying [654−1] motion for Order Finally Disbursing Interest Earned; court will retain funds to pay fees for experts retained by plaintiffs; counsel ( signed by Magistrate Judge Jerry A. Davis on 9/24/04) Date of Entry: 9/27/04 (dmd)
707 ORDER denying [657−1] motion for contempt citation and for order enforcing Federal Court Mandate ( signed by Magistrate Judge Jerry A. Davis on 9/24/04) Date of Entry: 9/27/04 (dmd)
TRANSCRIPT filed for dates of 06/28/04 and 06/29/04 for Hearing on Motion to Terminate Court Supervision before Mag. Judge Jerry A. Davis in Oxford, MS. (2 Volumes) (nsm)
708 MOTION by Keith L. Morris in 4:71−cv−00006 for contempt and for order Enforcing Federal Court Mandate (fcc) (Entered: 10/07/2004)
709 MOTION by Jay Boler in 4:71−cv−00006 for contempt citation and for order enforcing district court mandate (dmd) (Entered: 10/12/2004)
710 AFFIDAVIT by Jay Boler in 4:71−cv−00006 Re: [709−1] motion for contempt citation and for order enforcing district court mandate by Jay Boler (dmd) (Entered: 10/12/2004)
711 AFFIDAVIT by Kenneth Williams Re: [709−1] motion for contempt citation and for order enforcing district court mandate by Jay Boler (dmd) (Entered: 10/12/2004)
712 AFFIDAVIT by Willie James Bogard Re: [709−1] motion for contempt citation and for order enforcing district court mandate by Jay Boler (dmd) (Entered: 10/12/2004)
713 AFFIDAVIT by Chris M. Turner Re: [709−1] motion for contempt citation and for order enforcing district court mandate by Jay Boler (dmd) (Entered: 10/12/2004)
714 AFFIDAVIT by Derron Welch Re: [709−1] motion for contempt citation and for order enforcing district court mandate by Jay Boler (dmd) (Entered: 10/12/2004)
715 AFFIDAVIT Timothy Milano Re: [709−1] motion for contempt citation and for order enforcing district court mandate by Jay Boler (dmd) (Entered: 10/12/2004)
716 AFFIDAVIT Robert Bell Re: [709−1] motion for contempt citation and for order enforcing district court mandate by Jay Boler (dmd) (Entered: 10/12/2004)

Case: 4:71-cv-6 As of: 10/19/2019 10:42 AM CDT 70 of 114

10/07/2004 10/07/2004 10/07/2004 10/07/2004 10/07/2004 10/07/2004 10/18/2004 10/21/2004 10/22/2004
10/25/2004
10/25/2004
11/02/2004 11/02/2004 11/02/2004 11/02/2004
11/02/2004 11/05/2004 11/05/2004 11/09/2004 11/09/2004
11/10/2004
11/12/2004

717 AFFIDAVIT Roy Riddle Re: [709−1] motion for contempt citation and for order enforcing district court mandate by Jay Boler (dmd) (Entered: 10/12/2004)
718 AFFIDAVIT Samuel Diggs Re: [709−1] motion for contempt citation and for order enforcing district court mandate by Jay Boler (dmd) (Entered: 10/12/2004)
719 AFFIDAVIT Anthony Kemp Re: [709−1] motion for contempt citation and for order enforcing district court mandate by Jay Boler (dmd) (Entered: 10/12/2004)
720 AFFIDAVIT William Chancellor Re: [709−1] motion for contempt citation and for order enforcing district court mandate by Jay Boler (dmd) (Entered: 10/12/2004)
721 AFFIDAVIT Carlisa Riley Re: [709−1] motion for contempt citation and for order enforcing district court mandate by Jay Boler (dmd) (Entered: 10/12/2004)
722 AFFIDAVIT Johnny Lester Re: [709−1] motion for contempt citation and for order enforcing district court mandate by Jay Boler (dmd) (Entered: 10/12/2004)
724 MOTION by Garry Lee Moore in 4:71−cv−00006 to Intervene and Challenge the Adequacy of Class Counsel's Representation (dmd) (Entered: 10/22/2004)
727 MOTION by Rayfield Johnson in 4:71−cv−00006 to Find Defendants in Contempt and to Direct Defendants to Comply with Court's Order (dmd) (Entered: 10/25/2004)
723 MOTION by Garry Lee Moore in 4:71−cv−00006 to Terminate/ Vacate [153−1] order superseding, altering, and amending all prior orders of this court, pertaining to access to the court, and concerning the Administrative Remedy Program [25−1] order (dmd)
725 AGREED PROTECTIVE ORDER to govern production of confidential or proprietary information of CMS ( signed by Magistrate Judge Jerry A. Davis on 10/21/04) Date of Entry: 10/25/04 (dmd) Modified on 10/27/2004
726 ORDER granting CMS permission to visit Unit 32 during the weeks of 10/19/04 and 11/8/04; inspect the premises; interview prisoners; review records relating to their medical and psychiatric care ( signed by Magistrate Judge Jerry A. Davis on 10/21/04) Date of Entry: 10/25/04 (dmd) Modified on 10/27/2004
728 Amendatory Order of 2004 re: operational agreement. Signed by Judge Jerry A. Davis on 11/1/04. (jkj, USDC)
729 Order Approving Rankin County Work Center for the Housing of State Prisoners. Signed by Judge Jerry A. Davis on 11/1/04. (jkj, USDC)
730 2004 Order Reapproving New Rankin County Jail for the Housing of State Prisoners. Signed by Judge Jerry A. Davis on 11/1/04. (jkj, USDC)
731 Order Prospectively Approving The Attala County Work Center and Disapproving the Attala County Jail for the Housing of State Prisoners. Signed by Judge Jerry A. Davis on 11/1/04. (jkj, USDC)
732 Order Conditionally Reapproving Alcorn County Jail for the Housing of State Prisoners. Signed by Judge Jerry A. Davis on 11/1/04. (jkj, USDC)
733 PLAINTIFFS' POST−HEARING MEMORANDUM BRIEF by Nazareth (nmi) Gates. (Attachments: # 1 Exhibit)(dmd, USDC)
734 DECLARATION re 733 Brief by Nazareth (nmi) Gates. (dmd, USDC)
735 Order Approving Renovated DeSoto County Jail for the Housing of State Prisoners. Signed by Judge Jerry A. Davis on 11/9/04. (jkj, USDC)
736 VERIFIED MOTION for Order Awarding September, October 2004 Attorney's Fees and Brief in Support by Nazareth (nmi) Gates, et al. (dmd, USDC) (Entered: 11/10/2004)
738 NOTICE of Automatic Disapproval of Chickasaw County Jail in Houston for Housing State Prisoners by Plaintiffs' Class Counsel, Nazareth Gates, et al (fcc, USDC) (Entered: 11/16/2004)
737 ORDER denying 674 Motion to Intervene, denying 674 Motion for Leave to File, denying 708 Motion, denying 709 Motion, denying 723 Motion to Vacate, denying

Case: 4:71-cv-6 As of: 10/19/2019 10:42 AM CDT 71 of 114

11/18/2004 11/23/2004 11/23/2004 11/23/2004 11/23/2004 11/24/2004 11/24/2004
11/24/2004 11/24/2004 11/24/2004
11/24/2004 11/24/2004 11/24/2004 11/24/2004 11/24/2004 11/24/2004 11/24/2004 11/24/2004 11/24/2004 11/24/2004 11/29/2004

727 Motion; court will not allow recreational litigation through the guise of this long−standing class action; further filing by any member of the class that the court deems frivolous will be deemed as a "strike" for the purposes of PLRA; movants' request for a hearing is denied . Signed by Judge Jerry A. Davis on 11/9/2004. (dmd, USDC)
739 Order granting Plaintiffs' 736 Motion for September and October Fees and Expenses. Signed by Judge Jerry A. Davis on 11/18/04. (jkj, USDC)
740 MOTION for Order Directing Clerk to Pay Time and Expense Statement of Plaintiffs' Expert by Nazareth (nmi) Gates, et al. (dmd, USDC)
741 Minute Entry for proceedings held before Judge Jerry A. Davis : Evidentiary Hearing held on 11/23/2004. (Court Reporter Debbie Harris.) (egs, USDC)
742 Exhibit List for Evidentiary hearing held 11/23/04 before Mag Judge Davis. (dlh, USDC)
743 Witness List for Evidentiary hearing held 11/23/04 before Mag Judge Davis. (dlh, USDC)
744 MOTION for Temporary Restraining Order by Willie James Bogard. (dmd, USDC)
745 Order granting Plaintiffs' 740 Motion to Pay Time and Expense Statement of Plaintiffs' Expert, Steve J. Martin, $13,528.48. Signed by Judge Jerry A. Davis on 11/23/04. (jkj, USDC)
746 Amendatory Order Setting New Unit Populations. Signed by Judge Jerry A. Davis on 11/23/04. (jkj, USDC)
747 Order Approving New Panola County Work Center for the Housing of State Prisoners. Signed by Judge Jerry A. Davis on 11/23/04. (jkj, USDC)
748 Order Renewing Approval of New Choctaw County Jail, and Prospectively Approving the Planned Choctaw County Work Center for the Housing of State Prisoners. Signed by Judge Jerry A. Davis on 11/23/04. (jkj, USDC)
749 Order Conditionally Renewing Approval of Pike County Jail for the Housing of State Prisoners. Signed by Judge Jerry A. Davis on 11/23/04. (jkj, USDC)
750 Amendatory Order Approving New Marion County Jail for Women for the Housing of Female State Prisoners. Signed by Judge Jerry A. Davis on 11/23/04. (jkj, USDC)
751 Order Approving Marion County Work Center for the Housing of State Prisoners. Signed by Judge Jerry A. Davis on 11/23/04. (jkj, USDC)
752 Order Disapproving Clay County Jail Work Program Annex for the Housing of State Prisoners. Signed by Judge Jerry A. Davis on 11/23/04. (jkj, USDC)
753 Order Approving New Monroe County Jail for the Housing of State Prisoners. Signed by Judge Jerry A. Davis on 11/23/04. (jkj, USDC)
754 Order Approving New Pearl River County Jail for the Housing of State Prisoners. Signed by Judge Jerry A. Davis on 11/23/04. (jkj, USDC)
755 Order Conditionally Approving New Prentiss County Jail for the Housing of State Prisoners. Signed by Judge Jerry A. Davis on 11/23/04. (jkj, USDC)
756 Order Reapproving Tippah County Jail for the Housing of State Prisoners. Signed by Judge Jerry A. Davis on 11/23/04. (jkj, USDC)
757 Order Re−Approving Harrison County Work Center for the Housing of State Inmates. Signed by Judge Jerry A. Davis on 11/23/04. (jkj, USDC)
758 Order Approving New Leflore County Jail for the Housing of State Prisoners. Signed by Judge Jerry A. Davis on 11/23/04. (jkj, USDC)
759 MOTION for Temporary Restraining Order by Jay Boler. (Attachments: # 1 Proposed Order)(dmd, USDC)

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12/02/2004 12/03/2004
12/03/2004
12/06/2004 12/13/2004 12/22/2004 12/22/2004
12/22/2004
12/23/2004 12/27/2004
01/10/2005 01/11/2005 02/09/2005 02/09/2005
02/15/2005
02/15/2005 03/03/2005 03/03/2005
03/03/2005 03/03/2005 03/03/2005

760 Remark: USDC/NDMS check No. 3636 issued 11/30/04, payable to Steve J. Martin in the amount of $13,528.48 ( re:Doc.#745 ) (fcc, USDC)
761 MOTION for Reconsideration re 737 Order on Motion to Intervene,,, Order on Motion for Leave to File,,, Order on Motion for Miscellaneous Relief,,,,,, Order on Motion to Vacate,,,,, by Garry Lee Moore. (dmd, USDC)
763 MOTION for Notice of Appeal re 737 Order on Motion to Intervene, Order on Motion for Leave to File, Order on Motion for Miscellaneous Relief, Order on Motion to Vacate, by Rayfield Johnson. (dmd, USDC) (Entered: 12/07/2004)
762 ORDER denying 761 Motion for Reconsideration, etc. filed by Garry Moore. Signed by Judge Jerry A. Davis on 12/6/04. (jkj, USDC)
764 MOTION To file Notice of Appeal by Garry Lee Moore. (dmd, USDC)
767 MOTION to vacate the consent to trial by U.S. Magistrate per Title 28 USC Section 636(c)(6) re 187 Order, by Garry Lee Moore. (dmd, USDC) (Entered: 12/28/2004)
MOTIONS 767 MOTION to vacate the consent to magistrate's maintenance per Title 28 USC Section 636(c)(6) re 187 Order, REFERRED to Judge Chief Judge Glen H. Davidson. (dmd, USDC) (Entered: 12/28/2004)
768 MOTION that he be provided notice of the order of the court in response to overcrowding issue heard orally on 11/23/04 by Garry Lee Moore. (dmd, USDC) (Entered: 01/04/2005)
765 SECOND MOTION Order Directing Clerk to Pay Time and Expense Statement of Plaintiffs' Expert by all plaintiffs. (jta, USDC) (Entered: 12/27/2004)
766 Order granting 765 Plaintiff's Motion for Order Directing Clerk to Pay Time and Expense Statement of Plainitff's Expert. Signed by Judge Jerry A. Davis on 12/27/04. (jkj, USDC)
769 ORDER denying 768 Garry Moore's request for a copy of an order. Signed by Judge Jerry A. Davis on 1/10/05. (jkj, USDC)
Inquiry concerning Notice of Appeal mailed to law clerk. (dmd, USDC) (Entered: 01/18/2005)
770 ORDER allowing medical expert to visit Unit 32. Signed by Judge Jerry A. Davis on 2/9/2005. (jkj, USDC)
771 Minute Entry for proceedings held before Magistrate Judge Jerry A. Davis : Telephone Conference held 2/9/2005 regarding medical expert visit to Parchman. Visit approved. (egs, USDC)
772 ORDER Granting Limited Reapproval of Chickasaw County Jail in Houston and the Chickasaw County Jail Work Center Annex in Okolona for the Housing of State Prisoners. Signed by Judge Jerry A. Davis on 2/15/2005. (jkj, USDC)
773 ORDER Provisionally Reapproving Clay County Jail Work Program Annex for the Housing of State Prisoners. Signed by Judge Jerry A. Davis on 2/15/2005. (jkj, USDC)
774 ORDER conditionally approving Winston−Choctaw Regional Correctional Facility for the housing of state prisoners. Signed by Judge Jerry A. Davis on 3/3/05. (egs, USDC)
775 ORDER conditionally approving Kemper−Neshoba Regional Correctional Facility for the housing iof state prisoners. Signed by Judge Jerry A. Davis on 3/3/05. (egs, USDC)
776 ORDER conditionally approving Issaquena County Regional Correctional Facility for the housing of state prisoners. Signed by Judge Jerry A. Davis on 3/3/05. (egs, USDC)
777 ORDER Conditionally approving George County Regional Correctional Facility for the housing of state prisoners . Signed by Judge Jerry A. Davis on 3/3/05. (egs, USDC)
778 ORDER Conditionally Approving Bolivar County Regional Correctional Facility for the housing of state prisoners. Signed by Judge Jerry A. Davis on 3/3/05. (egs, USDC)

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03/03/2005 03/03/2005 03/03/2005 03/03/2005 03/28/2005 03/31/2005 04/01/2005
04/01/2005 04/05/2005 04/06/2005 04/06/2005 04/21/2005 04/25/2005 04/26/2005 04/27/2005 05/20/2005 06/01/2005
06/07/2005 06/08/2005 06/15/2005

779 ORDER Conditionally Approving Holmes−Humphreys Regional Correctional Facility for the housing of state prisoners. Signed by Judge Jerry A. Davis on 3/3/05. (egs, USDC)
780 ORDER Conditionally Approving Leake County Regional Correctional Facility for the housing of state prisoners. Signed by Judge Jerry A. Davis on 3/3/05. (egs, USDC)
781 ORDER Conditionaly Approving Carroll−Montgomery Regional Correctional Facility for the housing of state prisoners . Signed by Judge Jerry A. Davis on 3/3/05. (egs, USDC)
782 ORDER Conditionally Approving Stone County Regional Correctional Facility for the housing of state prisoners. Signed by Judge Jerry A. Davis on 3/3/05. (egs, USDC)
784 VERIFIED MOTION for Order Awarding November and December 2004, and January and February 2005 Attorney's Fees and Brief in Support by all plaintiffs. (dmd, USDC) (Entered: 04/01/2005)
783 ORDER dismissing Moore Case (4:90CV125) with prejudice. Signed by Judge Jerry A. Davis on 3/31/05. (mhg, USDC)
785 MOTION Requesting the Courts to Expedite the Proceedings and/or Grant Plaintiff's Requests for Emergency Temporary Restraining Order Reliefs and/or Hearing Thereupon by Charles Torns, Jr. (Attachments: # 1 Appendix # 2 Appendix # 3 Appendix # 4 Appendix)(dmd, USDC) (Entered: 04/06/2005)
793 MOTION to Expedite Proceedings, MOTION for Temporary Restraining Order by Charles Torns, Jr. (Attachments: # 1 Exhibit # 2 Exhibit # 3 Exhibit # 4 Exhibit # 5 Exhibit)(dmd, USDC) (Entered: 04/27/2005)
786 ORDER granting 784 Motion Directing Defendants to pay Ronald Welch the sum of $3,640.00 no later than 10 days from the date of this order . Signed by Judge Jerry A. Davis on 4/1/2005. (dmd, USDC) (Entered: 04/06/2005)
787 Remark − Letter of Inquiry mailed to law clerk. (dmd, USDC)
788 MOTION for Attorney's Fees & Expenses and for Extension of Time to File Brief and Declarations in Support Thereof by all plaintiffs. (McDuff, Robert)
789 MOTION to Dismiss claim by Rayfield Johnson. (dmd, USDC)
790 MOTION to Intervene by Daniel Cummings, Jr, Wendell A. Duncan, Woodrow Webb. (Attachments: # 1 Exhibit # 2 Affidavit)(dmd, USDC)
791 NOTICE by Mississippi Department of Corrections Semi−Annual Report to the Court (Vincent, Leonard)
792 SECOND MOTION for Temporary Restraining Order and to Expedite Proceedings by Charles Torns, Jr. (Attachments: # 1 Exhibit # 2 Exhibit # 3 Exhibit # 4 Exhibit # 5 Exhibit)(dmd, USDC)
794 NOTICE Approving the Attala County Work Cener and Disapproving the Attala County Jail for Housing State Prisoners by Plaintiffs' Class Counsel, Ron Welch, by Nazareth Gates (dmd, USDC)
795 ORDER denying 767 Motion to vacate the consent to assignment of case to magistrate judge; directing clerk to return further pleadings from Garry Moore to him unfiled. Signed by Chief Judge Glen H. Davidson on 5/31/2005. (dmd, USDC) Modified on 6/6/2005 (dmd, USDC).
796 NOTICE of Attorney Appearance by David K. Scott on behalf of all defendants (Scott, David)
797 ORDER re 795 Order on Motion for Miscellaneous Relief, denying Notice to Appeal. Signed by Judge Glen H. Davidson on 6/8/2005. (dmd, USDC)
798 MEMORANDUM IN SUPPORT of Plaintiffs (dkt #788) Motion for Attorneys' Fees. (Attachments: # 1 Certificate of Service# 2 Affidavit Winter Declaration# 3 Exhibit Winter Exhibit A# 4 Exhibit Winter Exhibit B# 5 Affidavit Feierman Declaration# 6 Exhibit Feierman Exhibit A# 7 Exhibit Feierman Exhibit B# 8 Affidavit Walker

Case: 4:71-cv-6 As of: 10/19/2019 10:42 AM CDT 74 of 114

06/27/2005 06/27/2005 06/30/2005 07/11/2005 07/11/2005 07/18/2005 07/18/2005 08/02/2005 08/02/2005 08/02/2005 08/12/2005 08/12/2005 08/15/2005 08/15/2005 08/15/2005 08/15/2005 09/07/2005 09/07/2005 09/08/2005

Declaration# 9 Errata Walker Exhibit A# 10 Affidavit McDuff Declaration)(Feierman, Jessica) Modified on 6/15/2005 (jta, USDC).
799 MOTION for Extension of Time to File Response/Reply as to 788 MOTION for Attorney's Fees & Expenses and for Extension of Time to File Brief and Declarations in Support Thereof, 798 Memorandum in Support, by all defendants. (Mapp, Jane)
800 SECOND MOTION to Expedite, MOTION for Temporary Restraining Order by Charles Torns, Jr. (Attachments: # 1 Exhibit # 2 Exhibit # 3 Exhibit # 4 Exhibit # 5 Exhibit)(dmd, USDC) (Entered: 06/28/2005)
801 MOTION for Extension of Time to File Response/Reply by all plaintiffs. (Feierman, Jessica)
802 MOTION to Return Related Case #83−5−BD to Active Docket by John B. Irving, III. (dmd, USDC)
803 ORDER directing defendants to submit their response to plaintiffs' motion for attorneys fees by 8/15/2005; further plaintiffs shall submit their reply by 9/12/2005. Signed by Judge Jerry A. Davis on 7/8/2005. (dmd, USDC) (Entered: 07/12/2005)
804 MOTION to Compel by Charles Torns, Jr. (dmd, USDC) (Entered: 07/19/2005)
805 Annual July 1 Report of Desoto County Jail (dmd, USDC) (Entered: 07/19/2005)
806 AMENDATORY ORDER CONDITIONALLY Approving Issaquena County Regional Facility for the Housing of State Prisoners. Signed by Judge Jerry A. Davis on 8/1/2005. (dmd, USDC) (Entered: 08/03/2005)
807 AMENDATORY ORDER CONDITIONALLY Approving Washington County Jail for the Housing of State Prisoners. Signed by Judge Jerry A. Davis on 8/1/2005. (dmd, USDC) (Entered: 08/03/2005)
808 AMENDATORY ORDER Approving New Pearl River County Jail for the Housing of State Prisoners. Signed by Judge Jerry A. Davis on 8/1/2005. (dmd, USDC) (Entered: 08/03/2005)
811 ORDER APPROVING the Alcorn County Work Center and Disapproving the Alcorn County Jail for the Housing of State Prisoners . Signed by Judge Jerry A. Davis on 1/12/2005. (dmd, USDC) (Entered: 08/16/2005)
812 ORDER Conditionally Renewing Approval of Lincoln County Jail for the Housing of State Prisoners. Signed by Judge Jerry A. Davis on 8/12/2005. (dmd, USDC) (Entered: 08/16/2005)
809 RESPONSE to Motion re 788 MOTION for Attorney's Fees & Expenses and for Extension of Time to File Brief and Declarations in Support Thereof filed by Mississippi Department of Corrections. (Mapp, Jane)
810 MEMORANDUM IN SUPPORT re 809 Response to Motion for Attorneys' Fees. (Mapp, Jane)
813 ORDER CONDITIONALLY Approving Marion Regional Correctional Facility for the Housing of State Prisoners . Signed by Judge Jerry A. Davis on 8/12/2005. (dmd, USDC) (Entered: 08/16/2005)
814 ORDER CONDITIONALLY Approving the Pontotoc County Jail for the Housing of State Prisoners . Signed by Judge Jerry A. Davis on 8/12/2005. (dmd, USDC) (Entered: 08/16/2005)
815 ORDER Conditionally Re−Approving Older Madison County Jail for the Housing of State Prisoners. Signed by Judge Jerry A. Davis on 9/7/2005. (jkj, USDC)
816 MOTION for Extension of Time to File Reply Brief until 9/19/2005, by all plaintiffs. (dmd, USDC) (Entered: 09/08/2005)
817 ORDER Re−Approving Hinds County Penal Farm for the Housing of State Inmates. Signed by Judge Jerry A. Davis on 9/8/2005. (jkj, USDC)

Case: 4:71-cv-6 As of: 10/19/2019 10:42 AM CDT 75 of 114

09/09/2005 09/12/2005 09/13/2005 09/14/2005 09/16/2005 09/19/2005
09/19/2005 09/23/2005 09/27/2005
09/29/2005 10/11/2005 10/11/2005 10/11/2005 11/01/2005 11/14/2005 11/18/2005 11/18/2005 11/18/2005 11/18/2005 11/18/2005

818 ORDER granting 816 Motion for Extension of Time to File Response/Reply re 816 MOTION for Extension of Time to File Response/Reply Responses due by 9/19/2005. Signed by Judge Jerry A. Davis on 9/9/2005. (dmd, USDC)
821 MOTION to Intervene by John B. Irving, III. (Attachments: # 1 # 2)(dmd, USDC) (Entered: 09/16/2005)
819 ORDER Conditionally Re−Approving Renovated DeSoto County Jail for the Housing of State Prisoners. Signed by Judge Jerry A. Davis on 9/13/2005. (jkj, USDC)
820 Notice of County Jail/Work Noncompliance by Failure to File Verification of Deficiency Correction and/or Annual Joint Verified Report on Compliance (dmd, USDC)
824 ORDER denying 821 Motion to Intervene . Signed by Judge Jerry A. Davis on 9/16/2005. (dmd, USDC) (Entered: 09/22/2005)
822 REPLY to Response to Motion re 788 MOTION for Attorney's Fees & Expenses and for Extension of Time to File Brief and Declarations in Support Thereof filed by Nazareth (nmi) Gates. (Attachments: # 1 Affidavit Feierman Declaration# 2 Affidavit Galloway Declaration# 3 Affidavit Walker Declaration# 4 Affidavit Winter Declaration)(Feierman, Jessica)
823 Certificate of Service of Plaintiffs' Reply Brief Regarding the Pending Motion for Attorneys' Fees and Expenses by Jessica Feierman on behalf of Nazareth (nmi) Gates to Leonard Vincent, attorney for Defendants. (Feierman, Jessica)
826 Desoto's County Response to Notice of County Jail/Work Non−Compliance by Failure to File Verification of Deficiency, Correction and/or Annual Joint Verified Report on Compliance (dmd, USDC) (Entered: 09/28/2005)
825 ORDER DISMISSING CERTAIN PLAINTIFFS in 4:82cv64: Patrick F. Berry, Curtis Antonio Way, David Montgomery, Victory Kennedy, Devin Johnson, Thomas Hill and Anthony Smith . Signed by Judge Jerry A. Davis on 9/27/2005. (dmd, USDC) Modified on 9/28/2005 (dmd, USDC). Additional attachment(s) added on 9/28/2005 (dmd, USDC). Modified on 9/29/2005 (jta, USDC). (Entered: 09/28/2005)
827 Annual Report of Leake County Jail. (dmd, USDC)
828 Annual Report of Issquena County Jail. (dmd, USDC)
829 Annual Report of Holmes County Jail (dmd, USDC)
830 Annual Report of Bolivar County Jail. (dmd, USDC)
831 ORDER Dismissing Certain Plaintiffs for failure to prosecute. Signed by Judge Jerry A. Davis on 11/1/2005. (jkj, USDC)
832 MOTION to Amend/Correct 790 MOTION to Intervene by Ricky Moore, Daniel Cummings, Jr, Wendell A. Duncan, Woodrow Webb. (Attachments: # 1 Exhibit # 2 Exhibit)(dmd, USDC) (Entered: 11/15/2005)
833 ORDER granting ore tenus motion conditionally reapproving Lefore Co. Jail for the housing of state prisoners. Signed by Judge Jerry A. Davis on 11/18/2005. (jkj, USDC)
834 ORDER granting ore tenus motion conditionally re−approving New Sunflower Co. Jail for the housing of state prisoners. Signed by Judge Jerry A. Davis on 11/18/2005. (jkj, USDC)
835 ORDER granting ore tenus motion reapproving new Pearl River Co. Jail for the housing of state prisoners. Signed by Judge Jerry A. Davis on 11/18/2005. (jkj, USDC)
836 ORDER granting ore tenus motion conditionally reapproving Scott Co. Work Center and Scott Co. Jail for the housing of state prisoners. Signed by Judge Jerry A. Davis on 11/18/2005. (jkj, USDC)
837 ORDER granting ore tenus motion to conditionally reapprove Harrison Co. Work Center for the housing of state inmates. Signed by Judge Jerry A. Davis on 11/18/2005. (jkj, USDC)

Case: 4:71-cv-6 As of: 10/19/2019 10:42 AM CDT 76 of 114

11/28/2005
12/01/2005 12/06/2005 12/06/2005 12/20/2005 12/29/2005
12/30/2005 01/05/2006 01/05/2006 01/06/2006 01/18/2006 01/18/2006 01/19/2006
01/19/2006
01/19/2006 02/02/2006
02/10/2006 02/10/2006 03/06/2006 03/07/2006 03/07/2006 03/21/2006

838 NOTICE by Jane Lanier Mapp on behalf of Mississippi Department of Corrections Semi−Annual Report to the Court (Attachments: # 1 Exhibit Report on Inmate Legal Assistance Program)(Mapp, Jane)
839 ORDER granting 788 Motion Awarding Attorneys' Fees and Expenses with revisions. Signed by Judge Jerry A. Davis on 12/1/2005. (jkj, USDC)
840 Annual Report of Copiah County Jail. (dmd, USDC)
841 Verification of Correction of Deficiencies in Bureau of Buildings Inspection Report and Correction of Deficiencies in Health Inspection Report. (dmd, USDC)
842 REPORT of Forrest County, Mississippi Concerning Deficiencies Identified by State Inspections of County Jail and County Work Center. (dmd, USDC)
843 NOTICE OF APPEAL as to 839 Order on Motion for Miscellaneous Relief by Jane Lanier Mapp on behalf of Mississippi Department of Corrections. Appeal Record due by 1/13/2006. (Mapp, Jane)
844 Annual Report of Attala County Jail. (dmd, USDC) (Entered: 01/04/2006)
845 NOTICE by Jane Lanier Mapp on behalf of Mississippi Department of Corrections Stipulation of the Parties as to Record on Appeal (Mapp, Jane)
846 NOTICE by Jane Lanier Mapp on behalf of Mississippi Department of Corrections re FRAP 10(b) Certicate (Mapp, Jane)
USCA Appeal Fees received $ 255 receipt number 82315 re 843 Notice of Appeal filed by Mississippi Department of Corrections, (dmd, USDC) (Entered: 01/10/2006)
847 Remark − was advised by Jane Mapp not to send Notice of Appeal to Fifth Circuit; she would file dismissal today. (dmd, USDC)
848 NOTICE of Voluntary Dismissal by Jane Lanier Mapp on behalf of Mississippi Department of Corrections (Mapp, Jane)
849 ORDER Re−Approving New Marion County Jail for Women for the Housing of Female State Prisoners. Signed by Judge Jerry A. Davis on 1/19/06. (egs, USDC) (Entered: 01/23/2006)
850 ORDER Provisionally Re−Approving New Wayne County Detention Facility for the Housing of State Prisoners. Signed by Judge Jerry A. Davis on 1/19/06. (egs, USDC) (Entered: 01/23/2006)
851 ORDER Re−Approving New Newton County Jail for the Housing of State Prisoners. Signed by Judge Jerry A. Davis on 1/19/06. (egs, USDC) (Entered: 01/23/2006)
852 AMENDATORY ORDER Approving County Side of Bolivar County Regional Correctional Facility for the Housing of Additional State Prisoners. Signed by Judge Jerry A. Davis on 2/2/2006. (jkj, USDC)
853 2006 ORDER Provisionally Re−Approving Jasper County Jail for the Housing of State Prisoners. Signed by Judge Jerry A. Davis on 2/10/2006. (jkj, USDC)
854 2006 ORDER Provisionally Re−Approving New Rankin County Jail for the Housing of State Prisoners. Signed by Judge Jerry A. Davis on 2/10/2006. (jkj, USDC)
855 LOCAL JAILS ORDER OF 2006. Signed by Judge Jerry A. Davis on 3/6/2006. (jkj, USDC)
856 NOTICE by Ronald Reid Welch on behalf of Nazareth (nmi) Gates LEE COUNTY JAIL (Welch, Ronald)
857 NOTICE by Ronald Reid Welch on behalf of Nazareth (nmi) Gates PRENTISS COUNTY JAIL (Welch, Ronald)
858 ORDER Approving New Tate County Work Center and Reapproving Tate County Jail for the Housing of State Prisoners. Signed by Judge Jerry A. Davis on 3/21/2006. (jkj, USDC)

Case: 4:71-cv-6 As of: 10/19/2019 10:42 AM CDT 77 of 114

03/21/2006 03/21/2006
04/06/2006 04/11/2006 04/11/2006 04/21/2006 04/21/2006
04/24/2006 04/24/2006
04/24/2006
04/24/2006
04/24/2006
04/24/2006
04/24/2006
04/24/2006
04/24/2006
04/26/2006 04/26/2006 04/27/2006 04/27/2006 04/27/2006 04/27/2006

859 2006 ORDER Granting Limited Reapproval of Chickasaw County Facilities for the Housing of State Prisoners. Signed by Judge Jerry A. Davis on 3/21/2006. (jkj, USDC)
860 2006 ORDER Provisionally Re−Approving Clay County Jail Work Program Annex for the Housing of State Prisoners. Signed by Judge Jerry A. Davis on 3/21/2006. (jkj, USDC)
861 NOTICE Local Jails Order of 2006 for Lee County, MS. (dmd, USDC)
862 NOTICE by Ronald Reid Welch on behalf of Nazareth (nmi) Gates (Welch, Ronald)
863 NOTICE by Ronald Reid Welch on behalf of Nazareth (nmi) Gates (Welch, Ronald)
864 STATUS REPORT from Steve J. Martin, dated 1/10/2006, filed pursuant to the Amendatory Order of 11/23/2004. (jkj, USDC)
865 2006 AMENDATORY ORDER Temporarily Renewing Approval of New Prentiss County Jail for the Housing of State Prisoners. Signed by Judge Jerry A. Davis on 4/21/2006. (jkj, USDC)
866 NOTICE by Ronald Reid Welch on behalf of Nazareth (nmi) Gates (Welch, Ronald)
867 2006 AMENDATORY ORDER Temporarily Extending Approval of Carroll−Montgomery Regional Correctional Facility for the Housing of State Prisoners. Signed by Judge Jerry A. Davis on 4/24/2006. (jkj, USDC)
868 2006 AMENDATORY ORDER Extending Conditional Approval of Bolivar County Regional Correctional Facility for the Housing of State Prisoners. Signed by Judge Jerry A. Davis on 4/24/2006. (jkj, USDC)
869 2006 AMENDATORY ORDER Extending Conditional Approval of George County Regional Correctional Facility for the Housing of State Prisoners. Signed by Judge Jerry A. Davis on 4/24/2006. (jkj, USDC)
870 2006 AMENDATORY ORDER Temporarily Extending Approval of Holmes−Humphreys Regional Correctional Facility for the Housing of State Prisoners. Signed by Judge Jerry A. Davis on 4/24/2006. (jkj, USDC)
871 2006 AMENDATORY ORDER Temporarily Extending Approval of Issaquena County Regional Facility for the Housing of State Prisoners. Signed by Judge Jerry A. Davis on 4/24/2006. (jkj, USDC)
872 2006 AMENDATORY ORDER Extending Conditional Approval of Leake County Regional Correctional Facility for the Housing of State Prisoners. Signed by Judge Jerry A. Davis on 4/24/2006. (jkj, USDC)
873 2006 AMENDATORY ORDER Temporarily Extending Approval of Kemper−Neshoba Regional Correctional Facility for the Housing of State Prisoners. Signed by Judge Jerry A. Davis on 4/24/2006. (jkj, USDC)
874 2006 AMENDATORY ORDER Extending Conditional Approval of Stone County Regional Correctional Facility for the Housing of State Prisoners. Signed by Judge Jerry A. Davis on 4/24/2006. (jkj, USDC)
875 NOTICE by Ronald Reid Welch on behalf of Nazareth (nmi) Gates (Welch, Ronald)
876 NOTICE by Ronald Reid Welch on behalf of Nazareth (nmi) Gates NOTICE OF ADAMS COUNTY NONCOMPLIANCE (Welch, Ronald)
877 NOTICE by Ronald Reid Welch on behalf of Nazareth (nmi) Gates LAFAYETTE COUNTY NOTICE OF NONCOMPLIANCE (Welch, Ronald)
878 NOTICE by Ronald Reid Welch on behalf of Nazareth (nmi) Gates LOWNDES COUNTY NOTICE OF NONCOMPLIANCE (Welch, Ronald)
879 NOTICE by Ronald Reid Welch on behalf of Nazareth (nmi) Gates MARSHALL COUNTY NOTICE OF NONCOMPLIANCE (Welch, Ronald)
880 NOTICE by Ronald Reid Welch on behalf of Nazareth (nmi) Gates PRENTISS COUNTY NOTICE OF NONCOMPLIANCE (Welch, Ronald)

Case: 4:71-cv-6 As of: 10/19/2019 10:42 AM CDT 78 of 114

05/01/2006 05/03/2006 05/03/2006 05/03/2006 05/03/2006 05/05/2006 05/05/2006 05/05/2006 05/05/2006 05/08/2006 05/16/2006
05/19/2006 05/19/2006 05/23/2006 05/23/2006
05/25/2006
05/30/2006
05/31/2006 05/31/2006
05/31/2006 06/01/2006
06/01/2006

881 Response to 861 Notice re Lee County Jails. (dmd, USDC) (Entered: 05/02/2006)
882 NOTICE by Ronald Reid Welch on behalf of Nazareth (nmi) Gates CLARKE COUNTY JAIL NOTICE OF NONCOMPLIANCE (Welch, Ronald)
883 NOTICE by Ronald Reid Welch on behalf of Nazareth (nmi) Gates DESOTO COUNTY JAIL NOTICE OF NONCOMPLIANCE (Welch, Ronald)
884 NOTICE by Ronald Reid Welch on behalf of Nazareth (nmi) Gates RANKIN COUNTY JAIL NOTICE OF NONCOMPLIANCE (Welch, Ronald)
885 NOTICE by Ronald Reid Welch on behalf of Nazareth (nmi) Gates HINDS COUNTY JAIL DOWNTOWN NOTICE OF NONCOMPLIANCE (Welch, Ronald)
886 NOTICE by Ronald Reid Welch on behalf of Nazareth (nmi) Gates LEFLORE COUNTY JAIL NOTICE OF DISAPPROVAL (Welch, Ronald)
887 NOTICE by Ronald Reid Welch on behalf of Nazareth (nmi) Gates LAFAYETTE COUNTY JAIL NOTICE OF NONCOMPLIANCE (Welch, Ronald)
888 NOTICE by Ronald Reid Welch on behalf of Nazareth (nmi) Gates MONROE COUNTY JAIL NOTICE OF NONCOMPLIANCE (Welch, Ronald)
889 NOTICE by Ronald Reid Welch on behalf of Nazareth (nmi) Gates NESHOBA COUNTY JAIL NOTICE OF NONCOMPLIANCE (Welch, Ronald)
890 NOTICE by Ronald Reid Welch on behalf of Nazareth (nmi) Gates OLD AND NEW OKTIBBEHA COUNTY JAIL NOTICE OF NONCOMPLIANCE (Welch, Ronald)
891 SECOND AMENDATORY ORDER Renewing Approval of New Choctaw County Jail for the Housing of State Prisoners. Signed by Judge Jerry A. Davis on 5/16/2006. (jkj, USDC)
892 SECOND ORDER Conditionally Re−Approving New Sunflower County Jail for the Housing of State Prisoners. Signed by Judge Jerry A. Davis on 5/19/2006. (jkj, USDC)
893 SECOND ORDER Conditionally Reapproving Leflore County Jail for the Housing of State Prisoners. Signed by Judge Jerry A. Davis on 5/19/2006. (jkj, USDC)
894 NOTICE by Ronald Reid Welch on behalf of Nazareth (nmi) Gates SECOND NOTICE OF LAUDERDALE COUNTY NONCOMPLIANCE (Welch, Ronald)
895 POST−KATRINA ORDER Disapproving Destroyed Hancock County Jail Annex and Forrest County Work Center for the Housing of State Prisoners. Signed by Judge Jerry A. Davis on 5/23/2006. (jkj, USDC)
896 Response to 875 Notice (Other) Response of Coahoma County to Notice of Noncompliance and Motion for Additional Time to Fully Comply as to Certain Items as Set Forth Herein. (Ross, Tom)
897 NOTICE by Ronald Reid Welch on behalf of Nazareth (nmi) Gates NOTICE OF WARREN COUNTY JAIL DISAPPROVAL FOR HOUSING STATE INMATES (Welch, Ronald)
898 Response to 883 Notice (Other). (Attachments: # 1 Affidavit # 2 Exhibit Order of Jails 1997)(Nowak, Anthony)
899 NOTICE by Ronald Reid Welch on behalf of Nazareth (nmi) Gates NOTICE OF ADAMS COUNTY DISAPPROVAL FOR HOUSING STATE INMATES (Welch, Ronald)
900 Response to 880 Notice (Other) of Non−Compliance. (Attachments: # 1 Affidavit Brian Taylor# 2 Exhibit A through E)(Moss, Tyler)
901 NOTICE by Ronald Reid Welch on behalf of Nazareth (nmi) Gates NOTICE OF COAHOMA COUNTY JAIL DISAPPROVAL FOR HOUSING STATE INMATES (Welch, Ronald)
902 NOTICE by Ronald Reid Welch on behalf of Nazareth (nmi) Gates NOTICE OF DISAPPROVAL OF LOWNDES COUNTY JAIL FOR HOUSING STATE INMATES (Welch, Ronald)

Case: 4:71-cv-6 As of: 10/19/2019 10:42 AM CDT 79 of 114

06/01/2006
06/05/2006
06/06/2006
06/06/2006
06/06/2006 06/06/2006
06/07/2006 06/07/2006 06/07/2006 06/08/2006 06/08/2006
06/08/2006 06/09/2006 06/22/2006 06/23/2006 06/30/2006 07/07/2006 07/12/2006 07/19/2006 07/19/2006 07/19/2006
07/21/2006

903 NOTICE by Ronald Reid Welch on behalf of Nazareth (nmi) Gates NOTICE OF MARSHALL COUNTY JAIL DISAPPROVAL TO HOUSE STATE INMATES (Welch, Ronald)
904 First MOTION to Amend/Correct 25 Order,, Motion to Amend Administrative Remedy Program For Medical Complaints by Mississippi Department of Corrections. (Vincent, Leonard)
905 NOTICE by Ronald Reid Welch on behalf of Nazareth (nmi) Gates NOTICE OF CLARKE COUNTY JAIL DISAPPROVAL TO HOUSE STATE INMATES (Welch, Ronald)
906 NOTICE by Ronald Reid Welch on behalf of Nazareth (nmi) Gates SECOND NOTICE OF HINDS COUNTY DOWNTOWN JAIL NONCOMPLIANCE (Welch, Ronald)
907 NOTICE of Attorney Appearance by Tacey Clark Clayton on behalf of Marshall County Jail (Clayton, Tacey)
908 Response to 879 Notice (Other) of Marshall County Jail Non−Compliance. (Attachments: # 1 Affidavit Sheriff Kenny Dickerson − Exhibit "A"# 2 Exhibit Local Jails Order of 1997# 3 Exhibit Local Jail Orders of 2006 Exhibit "B")(Clayton, Tacey)
909 NOTICE by Ronald Reid Welch on behalf of Nazareth (nmi) Gates SECOND NOTICE OF NESHOBA COUNTY JAIL NONCOMPLIANCE (Welch, Ronald)
910 AGREED ORDER granting 904 Motion to Amend Administrative Remedy Program for Medical Complaints. Signed by Judge Jerry A. Davis on 6/7/2006. (jkj, USDC)
911 EXHIBIT re 908 Response, Executed Affidavit. (Clayton, Tacey)
912 NOTICE by Ronald Reid Welch on behalf of Nazareth (nmi) Gates NOTICE OF HINDS COUNTY PENAL FARM NONCOMPLIANCE (Welch, Ronald)
913 ORDER on ore tenus motion to substitute Tacey Clark Clayton of Tacey Clark Clayton, PLLC in the place of Clayton, O'Donnell Walsh & Davis, PLLC; Attorney Tacey Clark Clayton for Marshall County Jail added. Signed by Judge Jerry A. Davis on 6/8/2006. (jkj, USDC)
914 2006 ORDER Conditionally Re−Approving Marshall County Jail for the Housing of State Prisoners. Signed by Judge Jerry A. Davis on 6/8/2006. (jkj, USDC)
915 NOTICE of Attorney Appearance by Walton W. White on behalf of Neshoba County (White, Walton)
916 Response to 894 Notice (Other) (Second) of Lauderdale County Jail Noncompliance. (Thaggard, Lee)
917 Response to 890 Notice of Old and New Oktibbeha County Jail Noncompliance. (dmd, USDC)
918 NOTICE by Walton W. White on behalf of Neshoba County Annual Report and Notice of Compliance of Neshoba County Jail (Attachments: # 1)(White, Walton)
919 Response of Hinds County, MS to Notice of Defeciences at the Downtown Detention Center in Jackson. (nsm, USDC)
920 Annual Report of Jefferson County Jail. (dmd, USDC)
921 ORDER Conditionally Re−Approving Harrison County Work Center for the Housing of State Inmates. Signed by Judge Jerry A. Davis on 7/19/2006. (jkj, USDC)
922 ORDER Reapproving New Pearl River County Jail for the Housing of State Prisoners. Signed by Judge Jerry A. Davis on 7/19/2006. (jkj, USDC)
923 2006 ORDER Conditionally Reapproving Scott County Work Center and Scott County Jail for the Housing of State Prisoners. Signed by Judge Jerry A. Davis on 7/19/2006. (jkj, USDC)
924 Remark: STATUS REPORT from Steve J. Martin, dated 7/18/2006, filed pursuant to the Amendatory Order of 11/23/2004. (jkj, USDC) (jkj, USDC)

Case: 4:71-cv-6 As of: 10/19/2019 10:42 AM CDT 80 of 114

08/15/2006
08/15/2006 08/15/2006 08/23/2006 08/28/2006 09/14/2006 09/21/2006 09/21/2006 10/13/2006 10/13/2006 10/13/2006 10/13/2006 10/16/2006 10/17/2006 10/17/2006 10/17/2006 10/17/2006 10/20/2006 10/20/2006 10/20/2006

925 ORDER from Fifth Circuit in re Petition for Writ of Mandamus from Garry Lee Moore, denying IFP and directing clerk to dismiss petition of full filing fee is not paid within 30 days. Signed by Circuit Judge Edith Brown Clement on 8/8/2006. (Attachments: # 1 Cover Letter)(dmd, USDC)
926 ORDER Conditionally Approving Jefferson County Regional Correctional Facility for the Housing of State Prisoners. Signed by Judge Jerry A. Davis on 8/15/2006. (jkj, USDC)
927 ORDER Conditionally Reapproving Coahoma County Jail for the Housing of State Prisoners. Signed by Judge Jerry A. Davis on 8/15/2006. (jkj, USDC)
928 ORDER Re−Approving Warren County Jail for the Housing of State Prisoners. Signed by Judge Jerry A. Davis on 8/23/2006. (jkj, USDC)
929 NOTICE by Leonard Charlton Vincent on behalf of Mississippi Department of Corrections ILAP SEMI−ANNUAL REPORT TO THE COURT (Attachments: # 1 Exhibit ILAP REPORT)(Vincent, Leonard)
930 ORDER Temporarily Reapproving Forrest County Jail for the Housing of State Prisoners. Signed by Judge Jerry A. Davis on 8/31/2006. (jkj, USDC)
931 ORDER Reapproving Lowndes County Jail for the Housing of State Prisoners. Signed by Judge Jerry A. Davis on 9/21/2006. (jkj, USDC)
932 2006 ORDER Extending Approval of Chickasaw County Facilities for the Housing of State Prisoners. Signed by Judge Jerry A. Davis on 9/21/2006. (jkj, USDC)
933 2006 ORDER Conditionally Re−Approving The Old Washington County Jail for the Housing of State Prisoners. Signed by Judge Jerry A. Davis on 10/13/2006. (jkj, USDC)
934 2006 ORDER Re−Approving Renovated DeSoto County Jail for the Housing of State Prisoners. Signed by Judge Jerry A. Davis on 10/13/2006. (jkj, USDC)
935 ORDER Conditionally Renewing Approval of Lincoln County Jail for the Housing of State Prisoners. Signed by Judge Jerry A. Davis on 10/13/2006. (jkj, USDC)
936 ORDER Conditionally Re−Approving New Prentiss County Jail for the Housing of State Prisoners. Signed by Judge Jerry A. Davis on 10/13/2006. (jkj, USDC)
937 AGREED ORDER increasing the capacity of Unit 31 from 85 to 90. Signed by Judge Jerry A. Davis on 10/16/2006. (jkj, USDC)
938 ORDER Re−Approving New Jasper County Jail for the Housing of State Prisoners. Signed by Judge Jerry A. Davis on 10/17/2006. (jkj, USDC)
939 2006 ORDER Re−Approving The Alcorn County Jail Annex Work Center for the Housing of State Prisoners. Signed by Judge Jerry A. Davis on 10/17/2006. (jkj, USDC)
940 2006 ORDER Renewing Approval of Carroll−Montgomery Regional Correctional Facility for the Housing of State Prisoners. Signed by Judge Jerry A. Davis on 10/17/2006. (jkj, USDC)
941 2006 ORDER Approving the New Choctaw County Work Center for the Housing of State Prisoners. Signed by Judge Jerry A. Davis on 10/17/2006. (jkj, USDC)
942 ORDER Re−Approving State Side of Winston−Choctaw Regional Correctional Facility for the Housing of State Prisoners. Signed by Judge Jerry A. Davis on 10/20/2006. (jkj, USDC)
943 2006 ORDER Re−Approving County Jail Side of Kemper−Neshoba County Regional Correctional Facility for the Housing of State Prisoners. Signed by Judge Jerry A. Davis on 10/20/2006. (jkj, USDC)
944 ORDER Re−Approving State Side of Kemper−Neshoba Regional Correctional Facility for the Housing of State Prisoners. Signed by Judge Jerry A. Davis on 10/20/2006. (jkj, USDC)

Case: 4:71-cv-6 As of: 10/19/2019 10:42 AM CDT 81 of 114

10/20/2006
10/24/2006 10/25/2006 10/30/2006 10/30/2006 10/30/2006 10/31/2006
11/07/2006
11/15/2006
11/15/2006 11/15/2006
11/27/2006 11/30/2006
01/10/2007 01/16/2007
01/19/2007 01/23/2007 01/26/2007
01/30/2007 01/30/2007

945 2006 ORDER Re−Approving County Jail Side of Winston−Choctaw County Regional Correctional Facility for the Housing of State Prisoners. Signed by Judge Jerry A. Davis on 10/20/2006. (jkj, USDC)
946 Remark: Returned mail to Robert L. Gray with attached memo advising that he must proceed through class counsel. (jkj, USDC)
947 ORDER Disapproving Calhoun County Jail for the Housing of State Prisoners. Signed by Judge Jerry A. Davis on 10/25/2006. (jkj, USDC)
948 2006 ORDER Re−Approving Rankin County Work Center for the Housing of State Prisoners. Signed by Judge Jerry A. Davis on 10/30/2006. (jkj, USDC)
949 2006 ORDER Re−Approving The Pontotoc County Jail for the Housing of State Prisoners. Signed by Judge Jerry A. Davis on 10/30/2006. (jkj, USDC)
950 2006 ORDER Re−Approving New Rankin County Jail for the Housing of State Prisoners. Signed by Judge Jerry A. Davis on 10/30/2006. (jkj, USDC)
951 NOTICE by Ronald Reid Welch on behalf of Nazareth (nmi) Gates AUTOMATIC DISAPPROVAL OF HINDS COUNTY PENAL FARM TO HOUSE STATE INMATES (Welch, Ronald)
952 AMENDED 2006 ORDER Re−Approving The Alcorn County Jail Annex Work Center for the Housing of State Prisoners. Signed by Judge Jerry A. Davis on 11/7/2006. (jkj, USDC)
953 SECOND 2006 ORDER Temporarily Reapproving Forrest County Jail for the Housing of State Prisoners. Signed by Judge Jerry A. Davis on 11/15/2006. (jkj, USDC)
954 2006 ORDER Re−Approving Grenada County Jail for the Housing of State Prisoners. Signed by Judge Jerry A. Davis on 11/15/2006. (jkj, USDC)
955 2006 ORDER Re−Approving Issaquena County Jail and Issaquena County Regional Correctional Facility for the Housing of State Prisoners. Signed by Judge Jerry A. Davis on 11/15/2006. (jkj, USDC)
956 AMENDED 2006 ORDER Re−Approving Grenada County Jail for the Housing of State Prisoners. Signed by Judge Jerry A. Davis on 11/27/2006. (jkj, USDC)
957 AMENDED 2006 ORDER Extending Approval of Chickasaw County Facilities for the Housing of State Prisoners. Signed by Judge Jerry A. Davis on 11/30/2006. (jkj, USDC)
958 2007 ORDER Re−Approving Grenada County Jail for the Housing of State Prisoners. Signed by Judge Jerry A. Davis on 1/10/2007. (jkj, USDC)
959 NOTICE by Ronald Reid Welch on behalf of Nazareth (nmi) Gates NOTICE OF AUTOMATIC DISAPPROVAL OF SUNFLOWER COUNTY JAIL TO HOUSE STATE INMATES (Welch, Ronald)
960 ORDER Re−Approving Calhoun County Jail for the Housing of State Prisoners. Signed by Judge Jerry A. Davis on 1/19/2007. (jkj, USDC)
961 AMENDED 2007 ORDER Re−Approving Calhoun County Jail for the Housing of State Prisoners. Signed by Judge Jerry A. Davis on 1/23/2007. (jkj, USDC)
962 ORDER Re−Approving Old Hinds County Penal Farm for the Housing of State Inmates Pending Construction of New Penal Farm. Signed by Judge Jerry A. Davis on 1/26/2007. (jkj, USDC)
963 2007 ORDER Conditionally Reapproving Leflore County Jail for the Housing of State Prisoners. Signed by Judge Jerry A. Davis on 1/30/2007. (jkj, USDC)
964 2007 ORDER Conditionally Reapproving Scott County Work Center and Scott County Jail for the Housing of State Prisoners. Signed by Judge Jerry A. Davis on 1/30/2007. (jkj, USDC)

Case: 4:71-cv-6 As of: 10/19/2019 10:42 AM CDT 82 of 114

02/02/2007
02/06/2007 02/06/2007
02/06/2007 02/14/2007 02/15/2007 02/28/2007 02/28/2007
02/28/2007
03/20/2007
03/20/2007 03/21/2007 03/26/2007 04/13/2007 04/27/2007
04/27/2007
04/27/2007
05/07/2007 05/09/2007 05/09/2007
05/09/2007

965 NOTICE by Ronald Reid Welch on behalf of Nazareth (nmi) Gates NOTICE THAT RANKIN COUNTY JAIL AND WORK CENTER ARE AUTOMATICALLY DISAPPROVED (Welch, Ronald)
966 ORDER Re−Approving Marion Regional Correctional Facility for the Housing of State Prisoners. Signed by Judge Jerry A. Davis on 2/6/2007. (jkj, USDC)
967 2007 ORDER Re−Approving New Marion County Jail Work Center for Women for the Housing of Female State Prisoners. Signed by Judge Jerry A. Davis on 2/6/2007. (jkj, USDC)
968 ORDER Re−Approving Marion County Regional Work Center for the Housing of State Prisoners. Signed by Judge Jerry A. Davis on 2/6/2007. (jkj, USDC)
969 ORDER Re−Approving Wayne County Detention Facility for the Housing of State Prisoners. Signed by Judge Jerry A. Davis on 2/14/2007. (jkj, USDC)
970 2007 ORDER Reapproving Tippah County Jail for the Housing of State Prisoners. Signed by Judge Jerry A. Davis on 2/15/2007. (jkj, USDC)
971 2007 ORDER Approving New Newton County Jail for the Housing of State Prisoners. Signed by Judge Jerry A. Davis on 2/28/2007. (jkj, USDC)
972 2007 ORDER Approving New Forrest County Work Center and Disapproving Old Forrest County Jail for the Housing of State Prisoners. Signed by Judge Jerry A. Davis on 2/28/2007. (jkj, USDC)
973 2007 ORDER Approving The New Bolivar County Work Center and the County Jail Side of Bolivar County Regional Correctional Facility for the Housing of State Prisoners. Signed by Judge Jerry A. Davis on 2/28/2007. (jkj, USDC)
974 NOTICE by Leonard Charlton Vincent on behalf of Mississippi Department of Corrections re 153 Order,,,,,,,,, ILAP SEMI−ANNUAL REPORT TO THE COURT (Attachments: # 1 Exhibit ILAP Report)(Vincent, Leonard)
NOTICE OF CORRECTION re 974 Notice; page was missing from exhibit, attorney to refile exhibit to document. (dmd, USDC) (Entered: 03/21/2007)
975 EXHIBIT re 974 Notice (Other) ILAP REPORT. (Vincent, Leonard)
976 2007 ORDER Approving Expanded Clay County Jail Work Program Annex for the Housing of State Prisoners. Signed by Judge Jerry A. Davis on 3/26/2007. (jkj, USDC)
977 2007 ORDER Conditionally Re−Approving Warren County Jail for the Housing of State Prisoners. Signed by Judge Jerry A. Davis on 4/13/2007. (jkj, USDC)
978 ORDER Re−Approving State side of Kemper−Neshoba regional Correctional Facility for the Housing of State Prisoners. Signed by Judge Jerry A. Davis on 4/27/07. (egs, USDC)
979 ORDER Re−Approving County Jail Side of Kemper−Neshoba County Regional Correctional Facility for the Housing of State Prisoners. Signed by Judge Jerry A. Davis on 4/27/07. (egs, USDC)
980 CORRECTED ORDER Re−Approving County Jail Side of Kemper−Neshoba Co. Regional Correctional Facility for the Housing of State Prisoners . Signed by Judge Jerry A. Davis on 4/27/07. (egs, USDC) (Entered: 04/30/2007)
981 2007 ORDER Renewing Approval of Renovated Old Lincoln County Jail for the Housing of State Prisoners. Signed by Judge Jerry A. Davis on 5/7/2007. (jkj, USDC)
982 2007 ORDER Approving The New Pontotoc County Jail for the Housing of State Prisoners. Signed by Judge Jerry A. Davis on 5/9/2007. (jkj, USDC)
983 ORDER Re−Approving New Tate County Work Center and Approving Tate County Jail for the Housing of Additional State Prisoners. Signed by Judge Jerry A. Davis on 5/9/2007. (jkj, USDC)
984 2007 ORDER Re−Approving The Alcorn County Jail Annex Work Center for the Housing of State Prisoners. Signed by Judge Jerry A. Davis on 5/9/2007. (jkj, USDC)

Case: 4:71-cv-6 As of: 10/19/2019 10:42 AM CDT 83 of 114

05/17/2007 985 ORDER Conditionally Extending Re−Approval of Harrison County Work Center for the Housing of State Inmates. Signed by Judge Jerry A. Davis on 5/17/2007. (jkj, USDC)

05/29/2007 986 PROBATIONARY ORDER Conditionally Re−Approving New Prentiss County Jail for the Housing of State Prisoners. Signed by Judge Jerry A. Davis on 5/29/2007. (jkj, USDC)

06/06/2007 987 NOTICE by Ronald Reid Welch on behalf of Nazareth (nmi) Gates NOTICE OF FORREST COUNTY JAIL VIOLATION OF COURT ORDER (Welch, Ronald)

06/07/2007

Transcript hearing on motions before Jerry A. Davis held 11/15/06. Associated Cases: 4:82−cv−00064−JAD, 4:71−cv−00006−JAD (dmd, USDC)

06/07/2007 988 2007 ORDER Temporarily Re−Approving New Pearl River County Jail for the Housing of State Prisoners. Signed by Judge Jerry A. Davis on 6/7/2007. (jkj, USDC)

06/07/2007 989 ORDER Conditionally Approving Leake County Regional Correctional Facility for the Housing of State Prisoners. Signed by Judge Jerry A. Davis on 6/7/2007. (jkj, USDC)

06/12/2007 990 2007 ORDER Re−Approving State, County Jail, and JSCWP Work Center of Bolivar County Regional Correctional Facility for the Housing of State Prisoners. Signed by Judge Jerry A. Davis on 6/12/2007. (jkj, USDC)

06/12/2007 991 2007 AMENDATORY ORDER Extending Conditional Approval of George County Regional Correctional Facility for the Housing of State Prisoners. Signed by Judge Jerry A. Davis on 6/12/2007. (jkj, USDC)

06/12/2007 992 2007 PROBATIONARY ORDER Re−Approving Issaquena County Jail and Issaquena County Regional Correctional Facility for the Housing of State Prisoners. Signed by Judge Jerry A. Davis on 6/12/2007. (jkj, USDC)

06/12/2007 993 2007 AMENDATORY ORDER Extending Conditional Approval of Stone County Regional Correctional Facility for the Housing of State Prisoners. Signed by Judge Jerry A. Davis on 6/12/2007. (jkj, USDC)

06/20/2007 994 NOTICE by Ronald Reid Welch on behalf of Nazareth (nmi) Gates NOTICE OF WARREN CO. JAIL ORDER VIOLATION (Welch, Ronald)

06/22/2007 995 NOTICE by Ronald Reid Welch on behalf of Nazareth (nmi) Gates FIRST NOTICE OF WALTHALL COUNTY JAIL NON−COMPLIANCE (Welch, Ronald)

06/22/2007 996 SECOND AGREED ORDER to Amend Administrative Remedy Program for Medical Complaints. Signed by Judge Jerry A. Davis on 6/22/2007. Associated Cases: 4:71−cv−00006−JAD, 4:82−cv−00064−JAD(jkj, USDC)

06/22/2007 997 NOTICE by Ronald Reid Welch on behalf of Nazareth (nmi) Gates FIRST NOTICE OF HINDS COUNTY JAIL DOWNTOWN NONCOMPLIANCE (Welch, Ronald)

06/22/2007 998 NOTICE by Ronald Reid Welch on behalf of Nazareth (nmi) Gates FIRST NOTICE OF HINDS COUNTY PENAL FARM NON−COMPLIANCE (Welch, Ronald)

06/25/2007 999 NOTICE by Ronald Reid Welch on behalf of Nazareth (nmi) Gates NOTICE OF WARREN COUNTY NON−COMPLIANCE BY FAILURE TO CORRECT NOTED DEFICIENCIES (Welch, Ronald)

06/25/2007 1000 NOTICE by Ronald Reid Welch on behalf of Nazareth (nmi) Gates NOTICE OF LAFAYETTE COUNTY JAIL FAILURE TO CORRECT NOTED DEFICIENCIES (Welch, Ronald)

06/25/2007 1001 NOTICE by Ronald Reid Welch on behalf of Nazareth (nmi) Gates NOTICE OF COPIAH COUNTY JAIL NONCOMPLIANCE (Welch, Ronald)

06/25/2007 1002 NOTICE by Ronald Reid Welch on behalf of Nazareth (nmi) Gates NOTICE OF DESOTO COUNTY JAIL NONCOMPLIANCE (Welch, Ronald)

06/26/2007 1003 NOTICE by Ronald Reid Welch on behalf of Nazareth (nmi) Gates NOTICE OF LAWRENCE COUNTY JAIL NON−COMPLIANCE (Welch, Ronald)

Case: 4:71-cv-6 As of: 10/19/2019 10:42 AM CDT 84 of 114

06/26/2007 1004 NOTICE by Ronald Reid Welch on behalf of Nazareth (nmi) Gates NOTICE OF MONROE COUNTY JAIL NONCOMPLIANCE (Welch, Ronald)

06/27/2007 1005 NOTICE by Ronald Reid Welch on behalf of Nazareth (nmi) Gates NOTICE OF MARSHALL COUNTY JAIL NONCOMPLIANCE (Welch, Ronald)

06/27/2007 1006 NOTICE by Ronald Reid Welch on behalf of Nazareth (nmi) Gates NOTICE OF ISSAQUENA REGIONAL COUNTY JAIL SIDE NONCOMPLIANCE (Welch, Ronald)

06/27/2007 1007 NOTICE by Ronald Reid Welch on behalf of Nazareth (nmi) Gates NOTICE OF QUITMAN COUNTY JAIL NONCOMPIANCE (Welch, Ronald)

06/28/2007 1008 NOTICE by Ronald Reid Welch on behalf of Nazareth (nmi) Gates NOTICE OF TISHOMINGO COUNTY JAIL NON−COMPLIANCE (Welch, Ronald)

06/29/2007 1009 NOTICE by Ronald Reid Welch on behalf of Nazareth (nmi) Gates NOTICE OF YALOBUSHA COUNTY JAIL NON−COMPLIANCE (Welch, Ronald)

06/29/2007 1010 NOTICE by Lee Thaggard on behalf of Lauderdale County, Mississippi of Filing of 2007 Annual Report of Lauderdale County Detention Facility and 2007 Annual Report of Hilltop Honor Farm Work Center (Thaggard, Lee)

07/03/2007 1011 Annual July 1 Report of Desoto County Jail Associated Cases: 4:71−cv−00006−JAD, 4:82−cv−00064−JAD (dmd, USDC)

07/09/2007 1012 NOTICE by Ronald Reid Welch on behalf of Nazareth (nmi) Gates NOTICE OF AUTOMATIC DISAPPROVAL OF FORREST COUNTY WORK CENTER (Welch, Ronald)

07/16/2007 1013 NOTICE by Ronald Reid Welch on behalf of Nazareth (nmi) Gates NOTICE OF PEARL RIVER COUNTY JAIL VIOLATION OF ORDER BY HOUSING EXCESS NUMBERS OF INMATES (Welch, Ronald)

07/17/2007 1014 NOTICE by Ronald Reid Welch on behalf of Nazareth (nmi) Gates NOTICE OF PRENTISS COUNTY JAIL NONCOMPLIANCE BY HOUSING EXCESS NUMBERS OF INMATES (Welch, Ronald)

07/24/2007 1015 NOTICE Annual Report of Yalobusha County, MS (Crow, John)

07/26/2007 1016 Response to 1002 Notice (Other). (Attachments: # 1 Affidavit affidavit kenny evans# 2 Affidavit affidavit michael lee# 3 Exhibit letter of michail lee) (Nowak, Anthony)

07/26/2007 1017 Response to 1002 Notice (Other), 1016 Response Supplemental. (Attachments: # 1 Affidavit affidavit michael lee) (Nowak, Anthony)

08/01/2007 1018 NOTICE by Ronald Reid Welch on behalf of Nazareth (nmi) Gates SECOND AND FINAL WARREN COUNTY NOTICE OF NON−COMPLIANCE (Welch, Ronald)

08/02/2007 1019 NOTICE by Ronald Reid Welch on behalf of Nazareth (nmi) Gates SECOND AND FINAL NOTICE OF WALTHALL COUNTY JAIL NON−COMPLIANCE (Welch, Ronald)

08/03/2007 1020 NOTICE re 1001 Notice (Other) Verification of Correction of Deficiencies in Bureau of Buildings Inspection Report and Correction of Deficiencies in Health Inspection Report (Attachments: # 1 # 2 # 3 # 4 # 5) (Munn, Elise)

08/10/2007 1021 Verified Report on Correction of Jail Deficiencies of Walthall County, MS jail. Associated Cases: 4:71−cv−00006−JAD, 4:82−cv−00064−JAD (dmd, USDC) (Entered: 08/14/2007)

08/28/2007 1022 Response Defendant's ILAP Semi−Annual Report to the Court. (Attachments: # 1 Exhibit Semi−Annual ILAP Report by Director Gia McLeod)Associated Cases: 4:71−cv−00006−JAD, 4:82−cv−00064−JAD (Vincent, Leonard)

08/28/2007

NOTICE OF CORRECTION re (101 in 4:82−cv−00064−JAD) Response; attorney to refile correct Exhibit. Associated Cases: 4:71−cv−00006−JAD, 4:82−cv−00064−JAD (dmd, USDC)

08/28/2007 1023 EXHIBIT re (101 in 4:82−cv−00064−JAD) Response Corrected Exhibit. Associated Cases: 4:71−cv−00006−JAD, 4:82−cv−00064−JAD (Vincent, Leonard)

Case: 4:71-cv-6 As of: 10/19/2019 10:42 AM CDT 85 of 114
08/30/2007 1024 2007 ORDER Conditionally Approving Jefferson County Regional Correctional Facility, including County Jail Side, for the housing of state prisoners. Signed by Judge Jerry A. Davis on 8/30/2007. (jkj, USDC)
09/04/2007 1025 NOTICE by Ronald Reid Welch on behalf of Nazareth (nmi) Gates NOTICE THAT HARRISON COUNTY WORK CENTER IS AUTOMATICALLY DISAPPROVED FOR THE HOUSING OF STATE INMATES AND REQUEST FOR REMOVAL OF STATE INMATES (Welch, Ronald)
09/05/2007 1026 2007 ORDER Re−Approving Marion Regional Correctional Facility for the Housing of State Prisoners. Signed by Judge Jerry A. Davis on 9/5/2007. (jkj, USDC)
09/26/2007 1027 LOCAL JAILS ORDER 0F 2007. Signed by Judge Jerry A. Davis on 9/26/2007. (jkj, USDC)
11/05/2007 1028 LOCAL JAILS ORDER OF 2007. Signed by Judge Jerry A. Davis on 11/5/2007. (jkj, USDC)
11/06/2007 1029 2007 ORDER Approving New Chickasaw County Jail for the Housing of State Prisoners. Signed by Judge Jerry A. Davis on 11/6/2007. (jkj, USDC)
11/29/2007 1030 ORDER Re−Approving Expanded Clay County Jail Work Program Annex for the Housing of State Prisoners. Signed by Judge Jerry A. Davis on 11/29/2007. (jkj, USDC)
11/29/2007 1031 2007 ORDER Re−Approving Lowndes County Jail for the Housing of State Prisoners. Signed by Judge Jerry A. Davis on 11/29/2007. (jkj, USDC)
12/05/2007 1032 AMENDED 2007 ORDER Conditionally Approving Jefferson County Regional Correctional Facility, Including County Jail Side, for the Housing of State Prisoners. Signed by Judge Jerry A. Davis on 12/5/2007. (jkj, USDC)
12/14/2007 1033 ORDER Re−Approving Issaquena County Jail and Issaquena County Regional Correctional Facility for the Housing of State Prisoners. Signed by Judge Jerry A. Davis on 12/14/2007. (jkj, USDC)
12/14/2007 1034 2007 ORDER Approving New Panola County Work Center for the Housing of State Prisoners. Signed by Judge Jerry A. Davis on 12/14/2007. (jkj, USDC)
12/14/2007 1035 2007 ORDER Renewing Approval of Carroll−Montgomery Regional Correctional Facility for the Housing of State Prisoners. Signed by Judge Jerry A. Davis on 12/14/2007. (jkj, USDC)
12/14/2007 1036 2007 ORDER Re−Approving Renovated DeSoto County Jail for the Housing of State Prisoners. Signed by Judge Jerry A. Davis on 12/14/2007. (jkj, USDC)
12/14/2007 1037 2007 ORDER Re−Approving Grenada County Jail for the Housing of State Prisoners. Signed by Judge Jerry A. Davis on 12/14/2007. (jkj, USDC)
01/08/2008 1038 ORDER Reapproving Coahoma County Jail for the Housing of State Prisoners. Signed by Judge Jerry A. Davis on 1/8/2008. (jkj, USDC)
01/08/2008 1039 ORDER Conditionally Re−Approving New Prentiss County Jail for the Housing of State Prisoners. Signed by Judge Jerry A. Davis on 1/8/2008. (jkj, USDC)
01/08/2008 1040 2008 ORDER Re−Approving The New Choctaw County Work Center for the Housing of State Prisoners. Signed by Judge Jerry A. Davis on 1/8/2008. (jkj, USDC)
01/08/2008 1041 ORDER Provisionally Approving Benton County Jail for the Housing of State Prisoners. Signed by Judge Jerry A. Davis on 1/8/2008. (jkj, USDC)
01/08/2008 1042 2008 ORDER Re−Approving The Old Washington County Jail for the Housing of State Prisoners. Signed by Judge Jerry A. Davis on 1/8/2008. (jkj, USDC)
01/08/2008 1043 2008 ORDER Re−Approving Warren County Jail for the Housing of State Prisoners. Signed by Judge Jerry A. Davis on 1/8/2008. (jkj, USDC)
01/29/2008 1044 ORDER Approving Leake County Work Center for the Housing of State Prisoners. Signed by Judge Jerry A. Davis on 1/29/2008. (jkj, USDC)

Case: 4:71-cv-6 As of: 10/19/2019 10:42 AM CDT 86 of 114

02/01/2008 1045 2008 ORDER Re−Approving Marion County Regional Work Center for the Housing of State Prisioners. Signed by Judge Jerry A. Davis on 2/1/2008. (jkj, USDC)

02/01/2008 1046 2008 ORDER Re−Approving New Marion County Jail Work Center for Women for the Housing of Female State Prisoners. Signed by Judge Jerry A. Davis on 2/1/2008. (jkj, USDC)

02/07/2008 1047 2008 ORDER Temporarily Re−Approving New Pearl River County Jail for the Housing of State Prisoners. Signed by Judge Jerry A. Davis on 2/7/2008. (jkj, USDC)

02/08/2008 1048 2008 ORDER Conditionally Reapproving Scott County Work Center and Scott County Jail for the Housing of State Prisoners. Signed by Judge Jerry A. Davis on 2/8/2008. (jkj, USDC)

02/20/2008 1049 2008 ORDER Re−Approving State Side of Winston−Choctaw Regional Correctional Facility for the Housing of State Prisoners. Signed by Judge Jerry A. Davis on 2/20/2008. (jkj, USDC)

02/20/2008 1050 2008 ORDER Re−Approving County Jail Side of Winston−Choctaw County Regional Correctional Facility for the Housing of State Prisoners. Signed by Judge Jerry A. Davis on 2/20/2008. (jkj, USDC)

02/20/2008 1051 2008 ORDER Re−Approving Jasper County Jail for the Housing of State Prisoners. Signed by Judge Jerry A. Davis on 2/20/2008. (jkj, USDC)

03/04/2008 1056 NOTICE OF APPEAL. Appeal Record due by 3/19/2008. (Attachments: # 1 Supplement # 2 Supplement # 3 Supplement) (dmd, USDC) (Entered: 03/25/2008)

03/04/2008 1057 SUPPLEMENT re (103 in 4:82−cv−00064−JAD) Notice of Appeal. Associated Cases: 4:71−cv−00006−JAD, 4:82−cv−00064−JAD (dmd, USDC) (Entered: 03/25/2008)

03/04/2008 1058 SUPPLEMENT re (103 in 4:82−cv−00064−JAD) Notice of Appeal. Associated Cases: 4:71−cv−00006−JAD, 4:82−cv−00064−JAD (dmd, USDC) (Entered: 03/25/2008)

03/04/2008 1059 SUPPLEMENTAL re (103 in 4:82−cv−00064−JAD) Notice of Appeal. Associated Cases: 4:71−cv−00006−JAD, 4:82−cv−00064−JAD (dmd, USDC) (Entered: 03/25/2008)

03/05/2008 1052 2008 AMENDED ORDER Re−Approving County Jail Side of Winston−Choctaw County Regional Correctional Facility for the Housing of State Prisoners. Signed by Judge Jerry A. Davis on 3/5/2008. (jkj, USDC)

03/06/2008 1053 2008 ORDER Conditionally Re−Approving Sunflower County Jail for the Housing of State Prisoners. Signed by Judge Jerry A. Davis on 3/6/2008. (jkj, USDC)

03/06/2008 1054 ORDER Re−Approving Old Hinds County Penal Farm for the Housing of State Inmates Pending Construction of New Penal Farm. Signed by Judge Jerry A. Davis on 3/6/2008. (jkj, USDC)

03/06/2008 1055 2008 ORDER Conditionally Reapproving Leflore County Jail for the Housing of State Prisoners. Signed by Judge Jerry A. Davis on 3/6/2008. (jkj, USDC)

04/17/2008 1060 NOTICE by Leonard Charlton Vincent on behalf of Mississippi Department of Corrections INMATE LEGAL ASSISTANCE PROGRAM SEMI−ANNUAL REPORT TO THE COURT (Attachments: # 1 Exhibit "A" Semi Annual Report) (Vincent, Leonard)

04/21/2008 1061 NOTICE by Ronald Reid Welch on behalf of Nazareth (nmi) Gates NOTICE OF DESOTO COUNTY JAIL NONCOMPLIANCE BY HOUSING TOTAL INMATES WELL IN EXCESS OF COURT ORDERED CAPACITY (Welch, Ronald)

05/01/2008

USCA Case Number 08−60276 for 1056 Notice of Appeal. (dmd, USDC)

05/01/2008 1062 USCA JUDGMENT issued as mandate as to 1056 Notice of Appeal dismissed for want of prosecution as of 4/23/08. (dmd, USDC)

05/05/2008 1063 2008 ORDER Re−Approving Monroe County Jail for the Housing of State Prisoners. Signed by Judge Jerry A. Davis on 5/5/2008. (jkj, USDC)

Case: 4:71-cv-6 As of: 10/19/2019 10:42 AM CDT 87 of 114
05/08/2008 1064 ORDER Temporarily Re−Approving Prentiss County Jail and Approving New Prentiss County Work Center for the Housing of State Prisoners. Signed by Judge Jerry A. Davis on 5/8/2008. (jkj, USDC)
05/19/2008 1065 2008 ORDER Re−Approving Lauderdale County's Hilltop Honor Farm Work Center and Not Renewing Approval of Lauderdale County Jail for the Housing of State Prisoners. Signed by Jerry A. Davis on 5/19/2008. (jkj, USDC)
05/20/2008 1066 Response to (1061 in 4:71−cv−00006−JAD) Notice (Other). (Attachments: # 1 Affidavit CDR. Atkinson)Associated Cases: 4:71−cv−00006−JAD, 4:82−cv−00064−JAD (Nowak, Anthony)
05/20/2008 1067 NOTICE by Ronald Reid Welch on behalf of Nazareth (nmi) Gates re 1066 Response SECOND AND FINAL NOTICE OF DESOTO COUNTY JAIL NONCOMPLIANCE (Welch, Ronald)
05/27/2008 1068 2008 ORDER Reapproving Tippah County Jail for the Housing of State Prisoners. Signed by Jerry A. Davis on 5/27/2008. (jkj, USDC)
05/27/2008 1069 2008 ORDER Re−approving Calhoun County Jail for the Housing of State Prisoners. Signed by Jerry A. Davis on 5/27/2008. (jkj, USDC)
05/27/2008 1070 2008 ORDER Re−Approving State Side of Kemper−Neshoba Regional Correctional Facility for the Housing of State Prisoners. Signed by Jerry A. Davis on 5/27/2008. (jkj, USDC)
05/27/2008 1071 2008 ORDER Re−Approving County Jail Side of Kemper−Neshoba County Regional Correctional Facility for the Housing of State Prisioners. Signed by Jerry A. Davis on 5/27/2008. (jkj, USDC)
06/10/2008 1072 2008 ORDER Re−Approving Leake County Regional Correctional Facility and County Jail for the Housing of State Prisoners. Signed by Jerry A. Davis on 6/10/2008. (jkj, USDC)
06/17/2008 1073 2008 ORDER Temporarily Renewing Approval of Old Simpson County Jail for the Housing of State Prisoners. Signed by Jerry A. Davis on 6/17/2008. (jkj, USDC)
06/17/2008 1074 AMENDED 2007 ORDER Re−Approving Grenada County Jail for the Housing of State Prisoners. Signed by Jerry A. Davis on 6/17/2008. (jkj, USDC)
06/17/2008 1075 2008 ORDER Temporarily Renewing Approval of Old Copiah County Jail for the Housing of State Prisoners. Signed by Jerry A. Davis on 6/17/2008. (jkj, USDC)
06/17/2008 1076 2008 ORDER Renewing Approval of Renovated Old Lincoln County Jail for the Housing of State Prisoners. Signed by Jerry A. Davis on 6/17/2008. (jkj, USDC)
06/24/2008 1077 Response to (1067 in 4:71−cv−00006−JAD) Notice (Other). (Attachments: # 1 Affidavit Cdr. Atkinson Affidavit)Associated Cases: 4:71−cv−00006−JAD, 4:82−cv−00064−JAD (Nowak, Anthony)
06/25/2008 1078 NOTICE by Lee Thaggard on behalf of Lauderdale County, Mississippi of filing of 2008 Annual Report of Hilltop Honor Farm Work Center Associated Cases: 4:71−cv−00006−JAD, 4:82−cv−00064−JAD (Thaggard, Lee)
06/26/2008 1079 ORDER Re−Approving Humphreys County Jail for the Housing of State Prisoners. Signed by Jerry A. Davis on 6/26/2008. (jkj, USDC)
06/26/2008 1080 ORDER Re−Approving Holmes−Humphreys Regional Correctional Facility and Regional County Jail for the Housing of State Prisoners. Signed by Jerry A. Davis on 6/26/2008. (jkj, USDC)
07/09/2008 1081 2008 ORDER Re−Approving Wayne County Detention Facility for the Housing of State Prisoners. Signed by Jerry A. Davis on 7/9/2008. (jkj, USDC)
07/09/2008 1082 2008 ORDER Approving Stone County Regional Correctional Facility and New Stone County Regional Work Center for the Housing of State Prisoners. Signed by Jerry A. Davis on 7/9/2008. (jkj, USDC)
07/09/2008 1083 2008 ORDER Approving George County Regional Correctional Facility for the Housing of State Prisoners. Signed by Jerry A. Davis on 7/9/2008. (jkj, USDC)

Case: 4:71-cv-6 As of: 10/19/2019 10:42 AM CDT 88 of 114
07/25/2008 1084 2008 ORDER Re−Approving State, County Jail, and JSCWP Work Center of Bolivar County Regional Correctional Facility for the Housing of State Prisoners. Signed by Jerry A. Davis on 7/25/2008. (jkj, USDC)
07/25/2008 1085 2008 ORDER Approving Bolivar County Regional Correctional Facility Women's Unit for the Housing of Female State Prisoners. Signed by Jerry A. Davis on 7/25/2008. (jkj, USDC)
08/04/2008 1086 ORDER Approving Kemper County Work Center and Disapproving County Jail Side of Kemper Regional for the Housing of State Prisoners. Signed by Jerry A. Davis on 8/4/2008. (jkj, USDC)
08/06/2008 1087 2008 ORDER Approving Neshoba County Jail Modular Annex for the Housing of State Prisoners. Signed by Jerry A. Davis on 8/6/2008. (jkj, USDC)
08/12/2008 1088 2008 ORDER Approving New Lamar County Jail for the Housing of State Prisoners. Signed by Jerry A. Davis on 8/12/2008. (jkj, USDC)
08/13/2008 1089 2008 ORDER Re−Approving Quitman County Jail for the Housing of State Prisoners. Signed by Jerry A. Davis on 8/13/2008. (jkj, USDC)
08/15/2008 1090 Objection to Supplemental Consent Decree re 65 in 4:01cv95 by Cliff Davenport. Associated Cases: 4:82−cv−00064−JAD, 4:71−cv−00006−JAD (jb, USDC) (Entered: 08/18/2008)
08/26/2008 1091 2008 ORDER Re−Approving Webster County Jail for the Housing of State Prisioners. Signed by Jerry A. Davis on 8/26/2008. (jkj, USDC)
08/26/2008 1092 2008 ORDER Re−Approving Old Oktibbeha County Jail and Disapproving New Oktibbeha County Jail for the Housing of State Prisoners. Signed by Jerry A. Davis on 8/26/2008. (jkj, USDC)
08/26/2008 1093 2008 ORDER Re−Approving Coahoma County Jail for the Housing of State Prisoners. Signed by Jerry A. Davis on 8/26/2008. (jkj, USDC)
08/26/2008 1094 2008 ORDER Re−Approving Marion Regional Correctional Facility for the Housing of State Prisioners. Signed by Jerry A. Davis on 8/26/2008. (jkj, USDC)
08/29/2008 1095 2008 ORDER Re−Approving Tallahatchie County Jail for the Housing of State Prisoners. Signed by Jerry A. Davis on 8/29/2008. (jkj, USDC)
08/29/2008 1096 ORDER Re−Approving Tallahatchie County Jail Work Center In Sumner for the Housing of State Prisoners. Signed by Jerry A. Davis on 8/29/2008. (jkj, USDC)
08/29/2008 1097 NOTICE of Attorney Appearance by Charles Baron Irvin and Pelicia Hall on behalf of Mississippi Department of Corrections Associated Cases: 4:71−cv−00006−JAD, 4:82−cv−00064−JAD (Irvin, Charles) Modified on 9/2/2008 (jla, USDC).
08/29/2008 1098 NOTICE by Leonard Charlton Vincent on behalf of Mississippi Department of Corrections re 153 Order,,,,,,,,, INMATE LEGAL ASSISTANCE PROGRAM (ILAP) SEMI−ANNUAL REPORT TO THE COURT (Attachments: # 1 Exhibit "A" ILAP REPORT BY Gia McLeod, Director) (Vincent, Leonard)
09/03/2008 1099 2008 ORDER Approving New DeSoto County Work Center and Disapproving DeSoto County Jail for the Housing of State Prisoners. Signed by Jerry A. Davis on 9/3/2008. (jkj, USDC)
09/03/2008 1100 2008 ORDER Re−Approving New Tate County Work Center and Tate County Jail for the Housing of State Prisoners. Signed by Jerry A. Davis on 9/3/2008. (jkj, USDC)
09/07/2008 1101 NOTICE by Ronald Reid Welch on behalf of Nazareth (nmi) Gates NOTICE OF OLD COPIAH COUNTY JAIL NONCOMPLIANCE (Welch, Ronald)
09/08/2008 1102 Local Jails Amended ORDER. Signed by Jerry A. Davis on 9/8/2008. (jkj, USDC)
09/09/2008 1103 2008 ORDER Temporarily Re−Approving Older Madison County "Main Jail" for the Housing of State Prisoners. Signed by Jerry A. Davis on 9/9/2008. (jkj, USDC)
09/10/2008 1104 Corrected 2008 ORDER Approving New DeSoto County Jail Work Center and Disapproving DeSoto County Jail for the Housing of State Prisoners. Signed by Jerry

Case: 4:71-cv-6 As of: 10/19/2019 10:42 AM CDT 89 of 114
A. Davis on 9/10/2008. (jkj, USDC)
09/29/2008 1105 2008 ORDER Approving Lawrence County Jail for the Housing of State Prisoners. Signed by Jerry A. Davis on 9/29/2008. (jkj, USDC)
09/29/2008 1106 2008 ORDER Re−Approving Renovated Harrison County Work Center for the Housing of State Prisoners. Signed by Jerry A. Davis on 9/29/2008. (jkj, USDC)
10/15/2008 1107 2008 Order Disapproving Prentiss County Jail and Re−Approving New Prentiss County Work Center for the Housing of State Prisoners. Signed by Jerry A. Davis on 10/15/2008. (jkj, USDC)
10/15/2008 1108 2008 Order Re−Approving The Alcorn County Jail Annex Work Center for the Housing of State Prisoners. Signed by Jerry A. Davis on 10/15/2008. (jkj, USDC)
10/15/2008 1109 2008 Order Approving Tishomingo County Jail for the Housing of State Prisoners. Signed by Jerry A. Davis on 10/15/2008. (jkj, USDC)
10/15/2008 1110 ORDER Re−Approving Old Hinds County Penal Farm for the Housing of State Inmates Pending Construction of New, Replacement Hinds County Work Center. Signed by Jerry A. Davis on 10/15/2008. (jkj, USDC)
10/17/2008 1111 2008 ORDER Approving Yalobusha County Jail for the Housing of State Prisoners. Signed by Jerry A. Davis on 10/17/2008. (jkj, USDC)
10/17/2008 1112 2008 ORDER Re−Approving The Pontotoc County Jail for the Housing of State Prisoners. Signed by Jerry A. Davis on 10/17/2008. (jkj, USDC)
10/17/2008 1113 2008 ORDER Approving Union County Jail for the Housing of State Prisoners. Signed by Jerry A. Davis on 10/17/2008. (jkj, USDC)
10/22/2008 1114 2008 ORDER Re−Approving County Jail Side of Winston−Choctaw County Regional Correctional Facility for the Housing of State Prisoners. Signed by Jerry A. Davis on 10/22/2008. (jkj, USDC)
10/22/2008 1115 2008 ORDER Re−Approving State Side of Winston−Choctaw Regional Correctional Facility for the Housing of State Prisoners. Signed by Jerry A. Davis on 10/22/2008. (jkj, USDC)
10/27/2008 1116 2008 ORDER Renewing Approval of Carroll−Montgomery Regional Correctional Facility and County Jail for the Housing of State Prisoners. Signed by Jerry A. Davis on 10/27/2008. (jkj, USDC)
10/27/2008 1117 2008 ORDER Re−Approving Lowndes County Jail for the Housing of State Prisoners. Signed by Jerry A. Davis on 10/27/2008. (jkj, USDC)
10/30/2008 1118 2008 ORDER Approving Lafayette County Jail for the Housing of State Prisoners. Signed by Jerry A. Davis on 10/30/2008. (jkj, USDC)
10/30/2008 1119 2008 ORDER Approving New Chickasaw County Jail for the Housing of State Prisoners. Signed by Jerry A. Davis on 10/30/2008. (jkj, USDC)
11/03/2008 1120 2008 ORDER Re−Approving The New Choctaw County Work Center for the Housing of State Prisoners. Signed by Jerry A. Davis on 11/3/2008. (jkj, USDC)
11/03/2008 1121 2008 ORDER Re−Approving Expanded Clay County Jail Work Program Wing for the Housing of State Prisoners. Signed by Jerry A. Davis on 11/3/2008. (jkj, USDC)
11/07/2008 1122 2008 Second ORDER Conditionally Re−Approving Sunflower County Jail for the Housing of State Prisoners. Signed by Jerry A. Davis on 11/7/2008. (jkj, USDC)
11/07/2008 1123 2008 Second ORDER Temporarily Re−Approving the Old Washington County Jail for the Housing of State Prisoners. Signed by Jerry A. Davis on 11/7/2008. (jkj, USDC)
11/17/2008 1124 2008 ORDER Re−Approving Issaquena County Regional Correctional Facility, Disapproving Issaquena Regional County Jail and Approving New Issaquena Regional Work Center for the Housing of State Prisoners. Signed by Jerry A. Davis on 11/17/2008. (jkj, USDC)

Case: 4:71-cv-6 As of: 10/19/2019 10:42 AM CDT 90 of 114
11/18/2008 1125 2008 ORDER Disapproving Old Oktibbeha County Jail and New Oktibbeha County Jail for the Housing of State Prisoners. Signed by Jerry A. Davis on 11/18/2008. (jkj, USDC)
12/23/2008 1126 2008 Amended Second ORDER Conditionally Re−Approving Sunflower County Jail for the Housing of State Prisoners. Signed by Jerry A. Davis on 12/23/2008. (jkj, USDC)
01/16/2009 1127 AMENDED ORDER Re−Approving Humphreys County Jail for the Housing of State Prisoners. Signed by Jerry A. Davis on 1/16/2009. (jkj, USDC)
02/03/2009 1128 ORDER Approving New Hinds County Work Center and Disapproving Old Hinds County Penal Farm for the Housing of Joint State County Work Program State Inmates. Signed by Jerry A. Davis on 2/3/2009. (jkj, USDC)
03/03/2009 1129 2009 ORDER Re−Allowing Webster County Jail for the Housing of State Prisoners. Signed by Jerry A. Davis on 3/3/2009. (jkj, USDC)
03/03/2009 1130 2009 ORDER Re−Approving Marion County Regional Work Center for the Housing of State Prisoners. Signed by Jerry A. Davis on 3/3/2009. (jkj, USDC)
03/03/2009 1131 2009 ORDER Re−Approving New Marion County Jail Work Center for Women for the Housing of Female State Prisoners. Signed by Jerry A. Davis on 3/3/2009. (jkj, USDC)
03/03/2009 1132 ORDER Approving New Hinds Joint State County Work Center and Disapproving Old Hinds County Penal Farm for the Housing of Joint State Work Program State Inmates. Signed by Jerry A. Davis on 3/3/2009. (jkj, USDC)
03/06/2009 1133 2009 ORDER Approving Pearl River County Jail for the Housing of State Prisoners. Signed by Jerry A. Davis on 3/6/2009. (jkj, USDC)
03/06/2009 1134 ORDER Approving Pearl River Joint State County Work Center for the Housing of State Prisoners. Signed by Jerry A. Davis on 3/6/2009. (jkj, USDC)
03/06/2009 1135 ORDER Temporarily Re−Approving Grenada County Jail for the Housing of State Prisoners. Signed by Jerry A. Davis on 3/6/2009. (jkj, USDC)
03/06/2009 1136 2009 ORDER Approving Marshall County Jail for the Housing of State Prisoners. Signed by Jerry A. Davis on 3/6/2009. (jkj, USDC)
03/11/2009 1137 2009 ORDER Re−Approving New Panola County Work Center and Panola County Jail for the Housing of State Prisoners. Signed by Jerry A. Davis on 3/11/2009. (jkj, USDC)
03/11/2009 1138 ORDER Approving Perry County Jail for the Housing of State Prisoners. Signed by Jerry A. Davis on 3/11/2009. (jkj, USDC)
03/17/2009 1139 2009 ORDER Re−Approving Leake County Regional Correctional Facility and County Jail for the Housing of State Prisoners. Signed by Jerry A. Davis on 3/17/2009. (jkj, USDC)
03/17/2009 1140 2009 ORDER Re−Approving Jasper County Jail for the Housing of State Prisoners. Signed by Jerry A. Davis on 3/17/2009. (jkj, USDC)
03/17/2009 1141 2009 ORDER Re−Approving Leake County Jail Work Center for the Housing of State Prisoners. Signed by Jerry A. Davis on 3/17/2009. (jkj, USDC)
03/17/2009 1142 2009 ORDER Conditionally Reapproving Scott County Work Center and Scott County Jail for the Housing of State Prisoners. Signed by Jerry A. Davis on 3/17/2009. (jkj, USDC)
03/18/2009 1143 AMENDED 2009 ORDER Approving Marshall County Jail for the Housing of State Prisoners. Signed by Jerry A. Davis on 3/18/2009. (jkj, USDC)
03/18/2009 1144 2009 ORDER Temporarily Approving Attala County Work Center for the Housing of State Prisoners. Signed by Jerry A. Davis on 3/18/2009. (jkj, USDC)
03/30/2009 1145 NOTICE by Pelicia Everett Hall on behalf of Mississippi Department of Corrections re 153 Order,,,,,,,,, INMATE LEGAL ASSISTANCE PROGRAM (ILAP)

Case: 4:71-cv-6 As of: 10/19/2019 10:42 AM CDT 91 of 114
SEMI−ANNUAL REPORT TO THE COURT (Attachments: # 1 Exhibit "A" ILAP REPORT BY Gia McLeod, Director) (Hall, Pelicia)
04/09/2009 1146 2009 ORDER Re−Approving Sunflower County Jail for the Housing of State Prisoners. Signed by Mag. Judge Jerry A. Davis on 4/9/2009. (jkj, USDC)
04/20/2009 1147 AMENDED ORDER Temporarily Re−Approving Grenada County Jail for the Housing of State Prisoners. Signed by Mag. Judge Jerry A. Davis on 4/20/2009. (jkj, USDC)
04/20/2009 1148 2009 ORDER Re−Approving Jefferson County Regional Correctional Facility, and County Jail Side, for the Housing of State Prisoners. Signed by Mag. Judge Jerry A. Davis on 4/20/2009. (jkj, USDC)
04/20/2009 1149 2009 ORDER Reapproving Leflore County Jail for the Housing of State Prisoners. Signed by Mag. Judge Jerry A. Davis on 4/20/2009. (jkj, USDC)
04/29/2009 1150 2009 ORDER Renewing Approval of Renovated Old Lincoln County Jail for the Housing of State Prisoners. Signed by Mag. Judge Jerry A. Davis on 4/29/2009. (jkj, USDC)
04/29/2009 1151 2009 ORDER Disapproving Neshoba County Jail Modular Annex for the Housing of State Prisoners. Signed by Mag. Judge Jerry A. Davis on 4/29/2009. (jkj, USDC)
04/29/2009 1152 2009 ORDER Re−Approving State Side of Kemper−Neshoba Regional Correctional Facility for the Housing of State Prisoners. Signed by Mag. Judge Jerry A. Davis on 4/29/2009. (jkj, USDC)
04/29/2009 1153 2009 ORDER Re−Approving Kemper County Work Center for the Housing of State Prisoners. Signed by Mag. Judge Jerry A. Davis on 4/29/2009. (jkj, USDC)
04/29/2009 1154 2009 ORDER Re−Approving The New Choctaw County Work Center for the Housing of State Prisoners. Signed by Mag. Judge Jerry A. Davis on 4/29/2009. (jkj, USDC)
05/01/2009 1155 2009 ORDER Temporarily Renewing Approval of Old Simpson County Jail for the Housing of State Prisoners. Signed by Mag. Judge Jerry A. Davis on 5/1/2009. (jkj, USDC)
05/06/2009 1156 2009 AMENDED ORDER Conditionally Reapproving Scott County Work Center and Scott County Jail for the Housing of State Prisoners. Signed by Mag. Judge Jerry A. Davis on 5/6/2009. (jkj, USDC)
05/21/2009 1157 NOTICE by Ronald Reid Welch on behalf of Nazareth (nmi) Gates NOTICE OF TIPPAH COUNTY JAIL DISAPPROVAL TO HOUSE STATE INMATES (Welch, Ronald)
05/21/2009 1158 NOTICE by Ronald Reid Welch on behalf of Nazareth (nmi) Gates NOTICE OF PONTOTOC COUNTY JAIL DISAPROVAL FOR HOUSING STATE INMATES (Welch, Ronald)
05/21/2009 1159 NOTICE by Ronald Reid Welch on behalf of Nazareth (nmi) Gates NOTICE OF CALHOUN COUNTY JAIL DISAPPROVAL TO HOUSE STATE INMATES (Welch, Ronald)
05/28/2009 1160 NOTICE by Ronald Reid Welch on behalf of Nazareth (nmi) Gates NOTICE OF HOLMES−HUMPHREYS REGIONAL COUNTY JAIL DISAPPROVAL TO HOUSE STATE INMATES (Welch, Ronald)
05/29/2009 1161 NOTICE by Ronald Reid Welch on behalf of Nazareth (nmi) Gates NOTICE OF DISAPPROVAL OF HOLMES−HUMPHREYS REGIONAL CORRECTIONAL FACILITY TO HOUSE MORE THAN 250 STATE INMATES (Welch, Ronald)
06/08/2009 1162 2009 ORDER Re−Approving Hinds County Detention Center Downtown for the Housing of State Prisoners. Signed by Mag. Judge Jerry A. Davis on 6/8/2009. (jkj, USDC)
06/08/2009 1163 2009 ORDER Re−Approving State, County Jail, and JSCWP Work Center of Bolivar County Regional Correctional Facility for the Housing of State Prisoners. Signed by Mag. Judge Jerry A. Davis on 6/8/2009. (jkj, USDC)

Case: 4:71-cv-6 As of: 10/19/2019 10:42 AM CDT 92 of 114
06/08/2009 1164 2009 ORDER Re−Approving Bolivar County Regional Correctional Facility Women's Unit for the Housing of Female State Prisoners. Signed by Mag. Judge Jerry A. Davis on 6/8/2009. (jkj, USDC)
06/09/2009 1165 2009 ORDER Temporarily Re−Approving County Jail Side of Winston−Choctaw County Regional Correctional Facility for the Housing of State Prisoners. Signed by Mag. Judge Jerry A. Davis on 6/9/2009. (jkj, USDC)
06/09/2009 1166 2009 ORDER Temporarily Re−Approving Monroe County Jail for the Housing of State Prisoners. Signed by Mag. Judge Jerry A. Davis on 6/9/2009. (jkj, USDC)
06/09/2009 1167 2009 ORDER Re−Approving Lauderdale County's Hilltop Honor Farm Work Center and Continuing Disapproval of Lauderdale County Jail for the Housing of State Prisoners. Signed by Mag. Judge Jerry A. Davis on 6/9/2009. (jkj, USDC)
06/19/2009 1168 Response to Notice of Holmes−Humphreys Regional County Jail Disapproval for Housing State Inmates. Associated Cases: 4:71−cv−00006−JAD, 4:82−cv−00064−JAD (Weissinger, Charles)
06/24/2009 1169 NOTICE by Anthony E. Nowak on behalf of DeSoto County, Mississippi Annual Report (Attachments: # 1 Affidavit Affidavit in Support_Jerry Owensby, # 2 Affidavit affidavit in support of annual report_kenny evans) (Nowak, Anthony)
06/25/2009 1170 NOTICE by Ronald Reid Welch on behalf of Nazareth (nmi) Gates NOTICE OF SUNFLOWER COUNTY JAIL AUTOMATIC DISAPPROVAL TO HOUSE STATE INMATES (Welch, Ronald)
06/29/2009 1171 NOTICE by Ronald Reid Welch on behalf of Nazareth (nmi) Gates NOTICE OF MARION COUNTY JAIL NONCOMPLIANCE BY HOUSING INMATES WELL IN EXCESS OF COURT ORDERED CAPACITY (Welch, Ronald)
07/13/2009 1172 ORDER Disapproving Alcorn County Jail Annex for Any Further Housing of State Inmates. Signed by Mag. Judge Jerry A. Davis on 7/13/2009. (jkj, USDC)
07/16/2009 1173 2009 ORDER Re−Approving Humphreys County Jail for the Housing of State Prisoners. Signed by Mag. Judge Jerry A. Davis on 9/16/2009. (jkj, USDC)
07/16/2009 1174 2009 ORDER Re−Approving New DeSoto County Work Center for the Housing of State Prisoners. Signed by Mag. Judge Jerry A. Davis on 7/16/2009. (jkj, USDC)
07/16/2009 1175 2009 ORDER Re−Approving Tate County Work Center and Tate County Jail for the Housing of State Prisoners. Signed by Mag. Judge Jerry A. Davis on 7/16/2009. (jkj, USDC)
07/22/2009 1176 2009 ORDER Re−Approving Wayne County Detention Facility for the Housing of State Prisioners. Signed by Mag. Judge Jerry A. Davis on 7/22/2009. (jkj, USDC)
07/22/2009 1177 2009 ORDER Approving Stone County Regional Correctional Facility and Stone County Regional Work Center for the Housing of State Prisoners. Signed by Mag. Judge Jerry A. Davis on 7/22/2009. (jkj, USDC)
07/22/2009 1178 2009 ORDER Approving George County Regional Correctional Facility for the Housing of State Prisoners. Signed by Mag. Judge Jerry A. Davis on 7/22/2009. (jkj, USDC)
07/30/2009 1179 2009 ORDER Approving New JSCWP Building and Disapproving County Jail Side of Winston−Choctaw County Regional Correctional Facility for the Housing of State Prisoners. Signed by Mag. Judge Jerry A. Davis on 7/30/2009. (jkj, USDC)
08/03/2009 1180 NOTICE by Ronald Reid Welch on behalf of Nazareth (nmi) Gates NOTICE OF DESOTO COUNTY WORK CENTER AUTOMATIC DISAPPROVAL TO HOUSE STATE INMATES (Welch, Ronald)
08/10/2009 1181 ORDER Re−Approving Holmes−Humphreys Regional Correctional Facility and Regional County Jail for the Housing of State Prisoners. Signed by Mag. Judge Jerry A. Davis on 8/10/2009. (jkj, USDC)
08/25/2009 1182 AMENDED 2008 ORDER Approving Union County Jail for the Housing of State Prisoners. Signed by Mag. Judge Jerry A. Davis on 8/25/2009. (jkj, USDC)

Case: 4:71-cv-6 As of: 10/19/2019 10:42 AM CDT 93 of 114

09/01/2009

1183

NOTICE by Pelicia Everett Hall on behalf of Mississippi Department of Corrections re (153 in 4:71−cv−00006−JAD, 153 in 4:71−cv−00006−JAD) Order,,,,,,,,, INMATE LEGAL ASSISTANCE PROGRAM (ILAP) SEMI−ANNUAL REPORT TO THE COURT (Attachments: # 1 Exhibit "A" SEMI−ANNUAL REPORT BY ILAP DIRECTOR GIA McLEOD)Associated Cases: 4:71−cv−00006−JAD, 4:82−cv−00064−JAD (Hall, Pelicia)

09/14/2009 1184 2009 ORDER Re−Approving Quitman County Jail for the Housing of State Prisoners. Signed by Mag. Judge Jerry A. Davis on 9/14/2009. (jkj, USDC)

09/14/2009 1185 2009 AMENDED ORDER Reapproving Leflore County Jail for the Housing of State Prisoners. Signed by Mag. Judge Jerry A. Davis on 9/14/2009. (jkj, USDC)

09/14/2009 1186 2009 ORDER Re−Approving New Lamar County Jail for the Housing of State Prisoners. Signed by Mag. Judge Jerry A. Davis on 9/14/2009. (jkj, USDC)

09/16/2009 1187 2009 ORDER Re−Approving Grenada County Jail for the Housing of State Prisoners. Signed by Mag. Judge Jerry A. Davis on 9/16/2009. (jkj, USDC)

09/16/2009 1188 TEMPORARY ORDER Re−Approving Webster County Jail for the Housing of State Prisoners. Signed by Mag. Judge Jerry A. Davis on 9/16/2009. (jkj, USDC)

09/16/2009 1189 2009 ORDER Approving Lawrence County Jail for the Housing of State Prisoners. Signed by Mag. Judge Jerry A. Davis on 9/16/2009. (jkj, USDC)

09/25/2009 1190 2009 ORDER Renewing Approval of Carroll−Montgomery Regional Correctional Facility and County Jail for the Housing of State Prisoners. Signed by Mag. Judge Jerry A. Davis on 9/25/2009. (jkj, USDC)

09/25/2009 1191 2009 ORDER Re−Approving State Side of Winston−Choctaw Regional Correctional Facility for the Housing of State Prisoners. Signed by Mag. Judge Jerry A. Davis on 9/25/2009. (jkj, USDC)

09/25/2009 1192 2009 ORDER Re−Approving Expanded Clay County Jail Work Program Wing for the Housing of State Prisoners. Signed by Mag. Judge Jerry A. Davis on 9/25/2009. (jkj, USDC)

09/29/2009 1193 2009 ORDER Approving Old Yalobusha County Jail for the Housing of State Prisoners. Signed by Mag. Judge Jerry A. Davis on 9/29/2009. (jkj, USDC)

09/29/2009 1194 2009 ORDER Re−Approving Old Tishomingo County Jail for the Housing of State Prisoenrs. Signed by Mag. Judge Jerry A. Davis on 9/29/2009. (jkj, USDC)

09/29/2009 1195 2009 ORDER Approving Old Yalobusha County Jail for the Housing of State Prisoners. Signed by Mag. Judge Jerry A. Davis on 9/29/2009. (jkj, USDC)

09/29/2009 1196 2009 ORDER Approving Lafayette County Jail for the Housing of State Prisoners. Signed by Mag. Judge Jerry A. Davis on 9/29/2009. (jkj, USDC)

09/29/2009

NOTICE OF CORRECTION: [Doc. 1195] Order re: Old Yalobusha Jail entered twice. (jkj, USDC)

09/29/2009 1197 2009 ORDER Re−Approving New Prentiss County Work Center for the Housing of State Prisoners. Signed by Mag. Judge Jerry A. Davis on 9/29/2009. (jkj, USDC)

11/09/2009 1198 2009 ORDER Re−Approving Issaquena County Regional Correctional Facility and Issaquena Regional Work Center for the Housing of State Prisoners. Signed by Mag. Judge Jerry A. Davis on 11/9/2009. (jkj, USDC)

11/09/2009 1199 2009 ORDER Re−Approving Tallahatchie County Jail for the Housing of State Prisoners. Signed by Mag. Judge Jerry A. Davis on 11/9/2009. (jkj, USDC)

11/09/2009 1200 2009 ORDER Re−Approving Tallahatchie County Work Center in Sumner for the Housing of State Prisoners. Signed by Mag. Judge Jerry A. Davis on 11/9/2009. (jkj, USDC)

11/09/2009 1201 2009 SECOND ORDER Re−Approving Sunflower County Jail for the Housing of State Prisoners. Signed by Mag. Judge Jerry A. Davis on 11/9/2009. (jkj, USDC)

Case: 4:71-cv-6 As of: 10/19/2019 10:42 AM CDT 94 of 114

11/18/2009 1202 2009 ORDER Approving New Chickasaw County Jail for the Housing of State Prisoners. Signed by Mag. Judge Jerry A. Davis on 11/18/2009. (jkj, USDC)

11/18/2009 1203 2009 ORDER Re−Approving Lowndes County Jail for the Housing of State Prisoners. Signed by Mag. Judge Jerry A. Davis on 11/18/2009. (jkj, USDC)

11/18/2009 1204 2009 ORDER Disapproving Union County Jail and Approving New Union Joint State County Work Center for the Housing of State Prisoners. Signed by Mag. Judge Jerry A. Davis on 11/18/2009. (jkj, USDC)

01/07/2010 1205 2009 AMENDED ORDER Approving George County Regional Correctional Facility for the Housing of State Prisoners. Signed by Mag. Judge Jerry A. Davis on 1/7/2010. (jkj, USDC)

01/07/2010 1206 ORDER Disapproving Pearl River County Jail for the Housing of State Prisoners. Signed by Mag. Judge Jerry A. Davis on 1/7/2010. (jkj, USDC)

01/07/2010 1207 ORDER Re−Approving Pearl River County Joint State County Work Center for the Housing of State Prisoners. Signed by Mag. Judge Jerry A. Davis on 1/7/2010. (jkj, USDC)

01/07/2010 1208 2009 ORDER Renewing Approval of Old Simpson County Jail for the Housing of State Prisoners. Signed by Mag. Judge Jerry A. Davis on 1/7/2010. (jkj, USDC)

02/18/2010 1209 2010 ORDER Re−Approving Panola County Work Center and Panola County Jail for the Housing of State Prisoners. Signed by Mag. Judge Jerry A. Davis on 2/18/2010. (jkj, USDC)

02/18/2010 1210 2010 ORDER Re−Approving the New Choctaw County Work Center for the Housing of State Prisoners. Signed by Mag. Judge Jerry A. Davis on 2/18/2010. (jkj, USDC)

02/18/2010 1211 2010 ORDER Temporarily Re−Approving Monroe County Jail for the Housing of State Prisoners. Signed by Mag. Judge Jerry A. Davis on 2/18/2010. (jkj, USDC)

03/26/2010 1212 2010 ORDER Re−Approving New Hinds Joint State County Work Center for the Housing of Working State Inmates. Signed by Mag. Judge Jerry A. Davis on 3/26/2010. (jkj, USDC)

04/06/2010

1213

NOTICE by Pelicia Everett Hall on behalf of Mississippi Department of Corrections re (153 in 4:71−cv−00006−JAD, 153 in 4:71−cv−00006−JAD) Order,,,,,,,,, SEMI−ANNUAL REPORT TO THE COURT (Attachments: # 1 Exhibit SEMI ANNUAL REPORT BY ILAP DIRECTOR GIA MCLEOD)Associated Cases: 4:71−cv−00006−JAD, 4:82−cv−00064−JAD (Hall, Pelicia)

04/12/2010 1214 2010 ORDER Conditionally Reapproving Scott County Work Center and Scott County Jail for the Housing of State Prisoners. Signed by Mag. Judge Jerry A. Davis on 4/12/2010. (jkj, USDC)

04/12/2010 1215 2010 ORDER Conditionally Re−Approving Marion County Regional Work Center for the Housing of State Prisoners. Signed by Mag. Judge Jerry A. Davis on 4/12/2010. (jkj, USDC)

04/12/2010 1216 2010 ORDER Conditionally Re−Approving Leflore County Jail for the Housing of State Prisoners. Signed by Mag. Judge Jerry A. Davis on 4/12/2010. (jkj, USDC)

04/12/2010 1217 2010 ORDER Re−Approving Leake County Regional Correctional Facility and County Jail for the Housing of State Prisoners. Signed by Mag. Judge Jerry A. Davis on 4/12/2010. (jkj, USDC)

04/12/2010 1218 2010 ORDER Re−Approving Leake County Work Center for the Housing of State Prisoners. Signed by Mag. Judge Jerry A. Davis on 4/12/2010. (jkj, USDC)

04/12/2010 1219 2010 ORDER Re−Approving Jefferson County Regional Correctional Facility, and County Jail Side, for the Housing of State Prisoners. Signed by Mag. Judge Jerry A. Davis on 4/12/2010. (jkj, USDC)

04/12/2010 1220 2010 ORDER Renewing Approval of Renovated Old Lincoln County Jail for the Housing of State Prisoners. Signed by Mag. Judge Jerry A. Davis on 4/12/2010. (jkj, USDC)

Case: 4:71-cv-6 As of: 10/19/2019 10:42 AM CDT 95 of 114
04/28/2010 1221 2010 ORDER Re−Approving Kemper County Work Center for the Housing of State Prisoners. Signed by Mag. Judge Jerry A. Davis on 4/28/2010. (jkj, USDC)
04/28/2010 1222 2010 ORDER Temporarily Re−Approving Marshall County Jail for the Housing of State Prisoners. Signed by Mag. Judge Jerry A. Davis on 4/28/2010. (jkj, USDC)
04/28/2010 1223 2010 ORDER Re−Approving State Side of Kemper−Neshoba Regional Correctional Facility for the Housing of State Prisoners. Signed by Mag. Judge Jerry A. Davis on 4/28/2010. (jkj, USDC)
05/18/2010 1224 AMENDED 2010 ORDER Conditionally Reapproving Scott County Work Center and Scott County Jail for the Housing of State Prisoners. Signed by Mag. Judge Jerry A. Davis on 5/18/2010. (jkj, USDC)
05/18/2010 1225 2010 ORDER Temporarily Re−Approving Webster County Jail for the Housing of State Prisoners. Signed by Mag. Judge Jerry A. Davis on 5/18/2010. (jkj, USDC)
05/18/2010 1226 2010 ORDER Approving Brand New Grenada County JSCWP Work Center and Grenada County Jail for the Housing of State Prisoners. Signed by Mag. Judge Jerry A. Davis on 5/18/2010. (jkj, USDC)
05/18/2010 1227 2010 ORDER Temporarily Re−Approving Attala County Work Center for the Housing of State Prisoners. Signed by Mag. Judge Jerry A. Davis on 5/18/2010. (jkj, USDC)
07/07/2010 1228 2010 ORDER Approving Bolivar County Regional Joint State County Work Center for Women for the Housing of State Prisoners. Signed by Mag. Judge Jerry A. Davis on 7/7/2010. (jkj, USDC)
07/07/2010 1229 2010 ORDER Re−Approving George County Regional Correctional Facility for the Housing of State Prisoners. Signed by Mag. Judge Jerry A. Davis on 7/7/2010. (jkj, USDC)
07/07/2010 1230 2010 ORDER Approving New Jefferson−Franklin Regional Joint State County Work Center for the Housing of State Prisoners. Signed by Mag. Judge Jerry A. Davis on 7/7/2010. (jkj, USDC)
07/07/2010 1231 2010 ORDER Approving New Marion County Regional Joint State County Work Center for Men for the Housing of State Prisoners. Signed by Mag. Judge Jerry A. Davis on 7/7/2010. (jkj, USDC)
07/14/2010 1232 2010 ORDER Re−Approving Lauderdale County's Hilltop Honor Farm Work Center and Continuing Disapproval of Lauderdale County Jail for the Housing of State Prisoners. Signed by Mag. Judge Jerry A. Davis on 7/14/2010. (jkj, USDC)
07/14/2010 1233 2010 ORDER Re−Approving Tate County Work Center and New (Phase−One) Tate County Jail for the Housing of State Prisoners. Signed by Mag. Judge Jerry A. Davis on 7/14/2010. (jkj, USDC)
07/14/2010 1234 2010 ORDER Temporarily Re−Approving Humphreys County Jail for the Housing of State Prisoners. Signed by Mag. Judge Jerry A. Davis on 7/14/2010. (jkj, USDC)
08/03/2010 1235 AMENDED 2010 ORDER Re−Approving State Side of Kemper−Neshoba Regional Correctional Facility for the Housing of State Prisoners. Signed by Mag. Judge Jerry A. Davis on 8/3/2010. (jkj, USDC)
08/11/2010 1236 AMENDED 2010 ORDER Approving Bolivar County Regional Joint State Work Center for Women for the Housing of State Prisoners. Signed by Mag. Judge Jerry A. Davis on 8/11/2010. (jkj, USDC)
08/11/2010 1237 2010 ORDER Disapproving Webster County Jail for the Housing of State Prisoners. Signed by Mag. Judge Jerry A. Davis on 8/11/2010. (jkj, USDC)
08/18/2010 1238 2010 ORDER Re−Approving Hinds County Detention Center Downtown for the Housing of State Prisoners. Signed by Mag. Judge Jerry A. Davis on 8/18/2010. (jkj, USDC)
08/18/2010 1239 2010 ORDER Re−Approving Marion−Walthall Regional Correctional Facility for the Housing of State Prisoners. Signed by Mag. Judge Jerry A. Davis on 8/18/2010. (jkj, USDC)

Case: 4:71-cv-6 As of: 10/19/2019 10:42 AM CDT 96 of 114
08/18/2010 1240 2010 ORDER Re−Approving State, County Jail, and JSCWP Work Center of Bolivar County Regional Correctional Facility for the Housing of State Prisoners. Signed by Mag. Judge Jerry A. Davis on 8/18/2010. (jkj, USDC)
08/19/2010 1241 MOTION to Amend/Correct Administrative Remedy Program by Mississippi Department of Corrections. (Attachments: # 1 Exhibit Proposed Revision to Administrative Remedy Program) (Norris, James)
08/19/2010 1242 AGREED ORDER granting 1241 Motion to Amend Administrative Remedy Program. Signed by Mag. Judge Jerry A. Davis on 8/19/2010. (Attachments: # 1 Exhibit A) (jkj, USDC)
08/31/2010 1243 2010 ORDER Re−Approving Marion County Jail Work Program Center for Women for the Housing of State Prisoners. Signed by Mag. Judge Jerry A. Davis on 8/31/2010. (jkj, USDC)
08/31/2010 1244 2010 ORDER Re−Approving JSCWP Building of Winston−Choctaw County Regional Correctional Facility for the Housing of State Prisoners. Signed by Mag. Judge Jerry A. Davis on 8/31/2010. (jkj, USDC)
08/31/2010 1245 2010 ORDER Approving Winston−Choctaw Regional Correctional Facility for the Housing of State Prisoners. Signed by Mag. Judge Jerry A. Davis on 8/31/2010. (jkj, USDC)
08/31/2010 1246 2010 ORDER Approving New Chickasaw County Regional Correctional Facility for the Housing of State Prisoners. Signed by Mag. Judge Jerry A. Davis on 8/31/2010. (jkj, USDC)
09/03/2010 1247 2010 ORDER Approving New Yazoo Regional Correctional Facility, and New Yazoo County Regional Jail for the Housing of State Prisoners. Signed by Mag. Judge Jerry A. Davis on 9/3/2010. (jkj, USDC)
09/03/2010 1248 FINAL 2010 ORDER Conditionally Reapproving Scott County Work Center and Scott County Jail for the Housing of State Prisoners. Signed by Mag. Judge Jerry A. Davis on 9/3/2010. (jkj, USDC)
09/03/2010 1249 2010 ORDER Re−Approving Lamar County Jail for the Housing of State Prisoners. Signed by Mag. Judge Jerry A. Davis on 9/3/2010. (jkj, USDC)
09/03/2010 1250 2010 ORDER Approving New Chickasaw County Regional Work Center for the Housing of State Prisoners. Signed by Mag. Judge Jerry A. Davis on 9/3/2010. (jkj, USDC)
09/03/2010 1251 2010 ORDER Approving Holmes−Humphreys Regional Correctional Facility for the Housing of State Prisoners. Signed by Mag. Judge Jerry A. Davis on 9/3/2010. (jkj, USDC)
09/07/2010 1252 NOTICE by James Marshall Norris on behalf of Mississippi Department of Corrections Defendants' Semi−Annual Report to the Court (Attachments: # 1 Exhibit Report of ILAP Director) (Norris, James)
09/15/2010 1253 2010 ORDER Re−Approving Stone County Regional Correctional Facility and Stone County Regional Work Center for the Housing of State Prisoners. Signed by Mag. Judge Jerry A. Davis on 9/15/2010. (jkj, USDC)
10/07/2010 1254 2010 ORDER Re−Approving Monroe County Jail and New Monroe County Joint State County Work Program for the Housing of State Prisoners. Signed by Mag. Judge Jerry A. Davis on 10/7/2010. (jkj, USDC)
10/15/2010 1255 2010 ORDER Approving New Chickasaw County Jail for the Housing of State Prisoners. Signed by Mag. Judge Jerry A. Davis on 10/15/2010. (jkj, USDC)
10/15/2010 1256 2010 ORDER Re−Approving Carroll−Montgomery Regional Correctional Facility and Temporarily Re−Approving the Regional County Jail for the Housing of State Prisoners. Signed by Mag. Judge Jerry A. Davis on 10/15/2010. (jkj, USDC)
10/15/2010 1257 2010 ORDER Temporarily Re−Approving Tallahatchie County Work Center in Sumner and Tallahatchie County Jail in Charleston for the Housing of State Prisoners. Signed by Mag. Judge Jerry A. Davis on 10/15/2010. (jkj, USDC)

Case: 4:71-cv-6 As of: 10/19/2019 10:42 AM CDT 97 of 114
10/15/2010 1258 2010 ORDER Temporarily Re−Approving Quitman County Jail for the Housing of State Prisoners. Signed by Mag. Judge Jerry A. Davis on 10/15/2010. (jkj, USDC)
10/15/2010 1259 2010 ORDER Re−Approving Clay County Jail Work Program Wing for the Housing of State Prisoners. Signed by Mag. Judge Jerry A. Davis on 10/15/2010. (jkj, USDC)
10/21/2010 1260 2010 ORDER Re−Approving The New Union County Jail Joint State County Work Center for the Housing of State Prisoners. Signed by Mag. Judge Jerry A. Davis on 10/21/2010. (jkj, USDC)
10/21/2010 1261 2010 ORDER Temporarily Approving Very Old Yalobusha County Jail for the Housing of State Prisoners. Signed by Mag. Judge Jerry A. Davis on 10/21/2010. (jkj, USDC)
10/21/2010 1262 2010 ORDER Re−Approving New Prentiss County Jail Work Center for the Housing of State Prisoners. Signed by Mag. Judge Jerry A. Davis on 10/21/2010. (jkj, USDC)
10/21/2010 1263 2010 ORDER Re−Approving Lafayette County Jail for the Housing of State Prisoners. Signed by Mag. Judge Jerry A. Davis on 10/21/2010. (jkj, USDC)
10/21/2010 1264 2010 ORDER Temporarily Re−Approving Old Tishomingo County Jail for the Housing of State Prisoners. Signed by Mag. Judge Jerry A. Davis on 10/21/2010. (jkj, USDC)
11/22/2010 1265 2010 ORDER Re−Approving Marshall County Jail for the Housing of State Prisoners. Signed by Mag. Judge Jerry A. Davis on 11/22/2010. (jkj, USDC)
01/05/2011 1266 NOTICE of Status Conference set for 3/1/2011 at 10:00 AM in Oxford Visiting Magistrate Judge Chambers before Mag. Judge Jerry A. Davis. (egs)
02/09/2011 1267 2011 ORDER Re−Approving Attala County Work Center for the Housing of State Prisoners. Signed by Mag. Judge Jerry A. Davis on 2/9/2011. (jkj)
02/09/2011 1268 2011 ORDER Re−Approving Issaquena County Regional Correctional Facility, and Issaquena Regional Work Center for the Housing of State Prisoners. Signed by Mag. Judge Jerry A. Davis on 2/9/2011. (jkj)
02/09/2011 1269 2011 ORDER Re−Approving Sunflower County Jail for the Housing of State Prisoners. Signed by Mag. Judge Jerry A. Davis on 2/9/2011. (jkj)
02/09/2011 1270 2011 ORDER Approving Bolivar County Regional Joint State County Work Center for Women for the Housing of State Prisoners. Signed by Mag. Judge Jerry A. Davis on 2/9/2011. (jkj)
02/09/2011 1271 2011 ORDER Re−Approving Humphreys County Jail for the Housing of State Prisoners. Signed by Mag. Judge Jerry A. Davis on 2/9/2011. (jkj)
02/09/2011 1272 2011 ORDER Approving Holmes−Humphreys Regional Correctional Facility and Brand New Holmes−Humphreys Joint State County Work Center for the Housing of State Prisoners. Signed by Mag. Judge Jerry A. Davis on 2/9/2011. (jkj)
02/22/2011 1273 2011 ORDER Re−Approving George County Regional Correctional Facility for the Housing of State Prisoners. Signed by Mag. Judge Jerry A. Davis on 2/22/2011. (jkj)
02/22/2011 1274 2011 ORDER Re−Approving Marion County Jail Work Program Center for Women for the Housing of State Prisoners. Signed by Mag. Judge Jerry A. Davis on 2/22/2011. (jkj)
02/22/2011 1275 2011 ORDER Re−Approving Jefferson County Regional Correctional Facility for the Housing of State Prisoners. Signed by Mag. Judge Jerry A. Davis on 2/22/2011. (jkj)
02/22/2011 1276 2011 ORDER Approving New Jefferson−Franklin Regional Joint State County Work Center for the Housing of State Prisoners. Signed by Mag. Judge Jerry A. Davis on 2/22/2011. (jkj)
02/25/2011 1277 2011 ORDER Re−Approving Leake County Regional Correctional Facility and County Jail for the Housing of State Prisoners. Signed by Mag. Judge Jerry A. Davis on 2/25/2011. (jkj)

Case: 4:71-cv-6 As of: 10/19/2019 10:42 AM CDT 98 of 114
02/25/2011 1278 2011 ORDER Temporarily Re−Approving Quitman County Jail for the Housing of State Prisoners. Signed by Mag. Judge Jerry A. Davis on 2/25/2011. (jkj)
02/25/2011 1279 2011 ORDER Re−Approving Leake County Work Center for the Housing of State Prisoners. Signed by Mag. Judge Jerry A. Davis on 2/25/2011. (jkj)
03/02/2011 1280 2011 ORDER Temporarily Re−Approving Leflore County Jail for the Housing of State Prisoners. Signed by Mag. Judge Jerry A. Davis on 3/2/2011. (jkj)
03/08/2011 1281 Minute Entry for proceedings held before Mag. Judge Jerry A. Davis: Telephone Conference held on 3/8/2011. Associated Cases: 4:71−cv−00006−JAD, 4:82−cv−00064−JAD (jkj)
03/10/2011 1282 2011 ORDER FINALLY DISMISSING STATE CORRECTIONS FACILITIES PORTION OF GATES V. BARBOUR AND CONSOLIDATED CASES. CASE CLOSED. Signed by Mag. Judge Jerry A. Davis on 3/10/2011. Associated Cases: 4:71−cv−00006−JAD, 4:82−cv−00064−JAD (jkj)
03/14/2011 1283 ORDER Finally Disposing of Contempt Fine Interest Account in Court Registry on ore tenus motion of plaintiffs' counsel. Signed by Mag. Judge Jerry A. Davis on 3/14/2011. (jkj)
03/31/2011 1284 2011 ORDER Re−Approving New Hinds Joint State County Work Center for the Housing of Working State Inmates. Signed by Mag. Judge Jerry A. Davis on 3/31/2011. (jkj)
04/04/2011 1285 2011 ORDER Re−Approving Panola County Work Center and Panola CountyJail for the Housing of State Prisoners. Signed by Mag. Judge Jerry A. Davis on 4/4/2011. (jkj)
04/04/2011 1286 2011 ORDER Temporarily Re−Approving Carroll−Montgomery Regional County Jail for the Housing of State Prisoners. Signed by Mag. Judge Jerry A. Davis on 4/4/2011. (jkj)
04/04/2011 1287 2011 ORDER Temporarily Re−Approving Tallahatchie County Work Center in Sumner and Tallahatchie County Jail in Charleston for the Housing of State Prisoners. Signed by Mag. Judge Jerry A. Davis on 4/4/2011. (jkj)
04/06/2011 1288 2011 ORDER Approving Pearl River County Joint State County Work Center for the Housing of State Prisoners. Signed by Mag. Judge Jerry A. Davis on 4/6/2011. (jkj)
04/06/2011 1289 2011 ORDER Temporarily Approving Brand New Scott County Jail for the Housing of State Prisoners. Signed by Mag. Judge Jerry A. Davis on 4/6/2011. (jkj)
04/06/2011 1290 2011 ORDER Temporarily Re−Approving Old Simpson County Jail for the Housing of State Prisoners. Signed by Mag. Judge Jerry A. Davis on 4/6/2011. (jkj)
05/11/2011 1291 2011 ORDER Re−Approving the Choctaw County Work Center for the Housing of State Prisoners. Signed by Mag. Judge Jerry A. Davis on 5/11/2011. (jkj)
05/11/2011 1292 2011 ORDER Re−Approving Kemper County Work Center for the Housing of State Prisoners. Signed by Mag. Judge Jerry A. Davis on 5/11/2011. (jkj)
05/11/2011 1293 2011 ORDER Approving Brand New Grenada County JSCWP Work Center and Grenada County Jail for the Housing of State Prisoners. Signed by Mag. Judge Jerry A. Davis on 5/11/2011. (jkj)
05/16/2011 1294 2011 ORDER Re−Approving Old Tishomingo County Jail for the Housing of State Prisoners. Signed by Mag. Judge Jerry A. Davis on 5/16/2011. (jkj)
05/16/2011 1295 2011 ORDER Re−Approving Union County Joint State County Work Center for the Housing of State Prisoners. Signed by Mag. Judge Jerry A. Davis on 5/16/2011. (jkj)
05/16/2011 1296 2011 ORDER Re−Approving Prentiss County Work Center for the Housing of State Prisoners. Signed by Mag. Judge Jerry A. Davis on 5/16/2011. (jkj)
05/23/2011 1297 2011 ORDER Approving New Jefferson−Franklin Regional Joint State County Work Center for the Housing of State Prisoners. Signed by Mag. Judge Jerry A. Davis on 5/23/2011. (jkj)

Case: 4:71-cv-6 As of: 10/19/2019 10:42 AM CDT 99 of 114
05/23/2011 1298 2011 ORDER Approving Brand New Alcorn County Joint State County Work Program Work Center and Alcorn County Detention Center for the Housing of State Prisioners. Signed by Mag. Judge Jerry A. Davis on 5/23/2011. (jkj)
06/03/2011 1299 2011 ORDER Re−Approving Panola County Work Center and Panola County Jail for the Housing of State Prisoners. Signed by Mag. Judge Jerry A. Davis on 6/3/2011. (jkj)
06/03/2011 1300 2011 ORDER Re−Approving Lauderdale County's Hilltop Honor Farm Work Center and continuing Disapproval of Lauderdale County Jail for the Housing of State Prionsers. Signed by Mag. Judge Jerry A. Davis on 6/3/2011. (jkj)
06/03/2011 1301 2011 ORDER Renewing Approval of Renovated Old Lincoln County Jail for the Housing of State Prisoners. Signed by Mag. Judge Jerry A. Davis on 6/3/2011. (jkj)
06/09/2011 1302 2010 Order Clarifying Prior Orders that State Fire, Health, and Building Agencies Inspect County Jails Housing State prisoners. Signed by Mag. Judge Jerry A. Davis on 6/9/2011. (egs)
06/15/2011 1303 2011 ORDER Re−Approving Tate County Work Center and New Completed Tate County Jail for the Housing of State Prisoners. Signed by Mag. Judge Jerry A. Davis on 6/15/2011. (jkj)
06/15/2011 1304 2011 ORDER Re−Approving Stone County Joint State County Work Center for the Housing of State Prisoners. Signed by Mag. Judge Jerry A. Davis on 6/15/2011. (jkj)
06/15/2011 1305 2011 ORDER Approving Marion County Joint State County Work Center for Men for the Housing of State Prisoners. Signed by Mag. Judge Jerry A. Davis on 6/15/2011. (jkj)
06/15/2011 1306 2011 ORDER Re−Approving Hinds County Detention Center Downtown for the Housing of State Prisoners. Signed by Mag. Judge Jerry A. Davis on 6/15/2011. (jkj)
06/15/2011 1307 2011 ORDER Re−Approving County Jail, and JSCWP Work Center of Bolivar County Regional Correctional Facility for the Housing of State Prisoners. Signed by Mag. Judge Jerry A. Davis on 6/15/2011. (jkj)
06/30/2011 1308 CONSENT to Jurisdiction by US Magistrate Judge. Case reassigned to Magistrate David A. Sanders. (mhg)
08/11/2011 1309 2011 ORDER Re−Approving JSCWP Building of Winston−Choctaw County Regional Correctional Facility for the Housing of State Prisoners. Signed by Mag. Judge David A. Sanders on 8/11/2011. (jkj)
08/11/2011 1310 2011 ORDER Re−Approving Monroe County Jail and New Monroe County Joint State County Work Program for the Housing of State Prisoners. Signed by Mag. Judge David A. Sanders on 8/11/2011. (jkj)
08/11/2011 1311 2011 ORDER Approving New Chickasaw County Regional Work Center for the Housing of State Prisoners. Signed by Mag. Judge David A. Sanders on 8/11/2011. (jkj)
08/11/2011 1312 2011 ORDER Approving New Chickasaw County Jail for the Housing of State Prisoners. Signed by Mag. Judge David A. Sanders on 8/11/2011. (jkj)
08/19/2011 1313 2011 ORDER Re−Approving Carroll−Montgomery Regional County Jail for the Housing of State Prisoners. Signed by Mag. Judge David A. Sanders on 8/19/2011. (jkj)
01/05/2012 1314 2012 ORDER Re−Approving Marshall County Jail for the Housing of State Prisoners. Signed by Mag. Judge David A. Sanders on 1/5/2012. (jkj)
01/05/2012 1315 2012 ORDER Re−Approving Lafayette County Jail for the Housing of State Prisoners. Signed by Mag. Judge David A. Sanders on 1/5/2012. (jkj)
01/09/2012 1316 2012 ORDER Approving New Simpson County Joint State County Work Center for the Housing of State Prisoners. Signed by Mag. Judge David A. Sanders on 1/9/2012. (jkj)

Case: 4:71-cv-6 As of: 10/19/2019 10:42 AM CDT 100 of 114
01/09/2012 1317 2012 ORDER Approving Pearl River County Joint State County Work Center for the Housing of State Prisoners. Signed by Mag. Judge David A. Sanders on 1/9/2012. (jkj)
01/09/2012 1318 2012 ORDER Approving New Scott County Joint State County Work Center and Scott County Jail for the Housing of State Prisoners. Signed by Mag. Judge David A. Sanders on 1/9/2012. (jkj)
03/13/2012 1319 2012 ORDER Re−Approving Issaquena Joint State County Work Center for the Housing of State Prisoners. Signed by Mag. Judge David A. Sanders on 3/13/2012. (jkj)
03/13/2012 1320 2012 ORDER Re−Approving Sunflower County Jail for the Housing of State Prisoners. Signed by Mag. Judge David A. Sanders on 3/13/2012. (jkj)
03/13/2012 1321 2012 ORDER Approving Bolivar County Regional Joint State County Work Center for Women for the Housing of State Prisoners. Signed by Mag. Judge David A. Sanders on 3/13/2012. (jkj)
03/13/2012 1322 2012 ORDER Re−Approving Leake County Jail and Leake County Work Center for the Housing of State Prisoners. Signed by Mag. Judge David A. Sanders on 3/13/2012. (jkj)
03/13/2012 1323 2012 ORDER Re−Approving The Choctaw County Work Center for the Housing of State Prisoners. Signed by Mag. Judge David A. Sanders on 3/13/2012. (jkj)
03/13/2012 1324 2012 ORDER Re−Approving Clay County Jail Work Program Wing for the Housing of State Prisoners. Signed by Mag. Judge David A. Sanders on 3/13/2012. (jkj)
03/13/2012 1325 2012 ORDER Approving New Lincoln County Jail and Lincoln County Work Center for the Housing of State Prisoners. Signed by Mag. Judge David A. Sanders on 3/13/2012. (jkj)
03/13/2012 1326 2012 ORDER Re−Approving Attala County Work Center for the Housing of State Prisoners. Signed by Mag. Judge David A. Sanders on 3/13/2012. (jkj)
03/16/2012 1327 2012 ORDER Re−Approving Humphreys County Jail for the housing of State Prisoners. Signed by Mag. Judge David A. Sanders on 3/16/2012. (jkj)
03/16/2012 1328 2012 ORDER Approving New Holmes−Humphreys Joint State County Work Center for the Housing of State Prisoners. Signed by Mag. Judge David A. Sanders on 3/16/2012. (jkj)
03/28/2012 1329 2012 ORDER Approving Pontotoc County Jail for the Housing of State Prisoners. Signed by Mag. Judge David A. Sanders on 3/28/2012. (jkj)
03/28/2012 1330 2012 ORDER Approving Brand New Tishomingo Joint State County Work Center and Brand New Tishomingo County Jail for the Housing of State Prisoners. Signed by Mag. Judge David A. Sanders on 3/28/2012. (jkj)
03/28/2012 1331 2012 ORDER Approving Panola Joint State County Work Center and Panola County Jail for the Housing of State Prisoners. Signed by Mag. Judge David A. Sanders on 3/28/2012. (jkj)
05/01/2012 1333 MOTION to Intervene by Melvin Brisolara. (Attachments: # 1 Exhibit Exhibit A Emails, # 2 Exhibit Exhibit B Motion to Set Aside and Memo) (Faneca, Cyril)
05/03/2012 1334 2012 ORDER Approving Marion Joint State County Work Center for Women for the Housing of State Prisoners. Signed by Mag. Judge David A. Sanders on 5/3/2012. (jkj)
05/03/2012 1335 2012 ORDER Temporarily Re−Approving Tallahatchie County Work Center in Sumner and Tallahatchie County Jail in Charleston for the Housing of State Prisoners. Signed by Mag. Judge David A. Sanders on 5/3/2012. (jkj)
05/03/2012 1336 2012 ORDER Temporarily Re−Approving Quitman County Jail for the Housing of State Prisoners. Signed by Mag. Judge David A. Sanders on 5/3/2012. (jkj)
05/03/2012 1337 2012 ORDER Approving Jefferson−Franklin Joint State County Work Center for the Housing of State Prisoners. Signed by Mag. Judge David A. Sanders on 5/3/2012. (jkj)

Case: 4:71-cv-6 As of: 10/19/2019 10:42 AM CDT 101 of 114

05/08/2012 1338 RESPONSE in Opposition re 1333 MOTION to Intervene filed by Nazareth (nmi) Gates. (Welch, Ronald)

05/11/2012 1339 MOTION for Contempt Motion For Order Directing Harrison County Sheriff and Individual Members of the Harrison Board of Supervisors To Show Cause Why They Should Not Be Held In Contempt by Nazareth (nmi) Gates. (Welch, Ronald)

05/14/2012 1340 MOTION to Amend/Correct AMENDED MOTION FOR HARRISON COUNTY SHERIFF ET AL TO SHOW CAUSE WHY THEY SHOULD NOT BE HELD IN CONTEMPT by Nazareth (nmi) Gates. (Welch, Ronald)

05/15/2012 1341 NOTICE of Attorney Appearance by Tommy D. Goodwin on behalf of Mississippi Department of Corrections (Goodwin, Tommy)

05/15/2012 1342 REPLY to Response to Motion re 1333 MOTION to Intervene Rebuttal to Plaintiff's Answer & Response to Sheriff's Motion to Intervene filed by Melvin Brisolara. (Broom, Haley)

05/15/2012

NOTICE OF CORRECTION re 1341 Notice of Attorney Appearance (See Doc. #1345) (nsm) (Entered: 05/18/2012)

05/16/2012 1343 2012 ORDER Re−Approving Hinds County Detention Center Downtown for the Housing of State Prisoners. Signed by Mag. Judge David A. Sanders on 5/16/2012. (jkj)

05/16/2012 1344 2012 ORDER Re−Approving Hinds Joint State County Work Center for the Housing of Working State Inmates. Signed by Mag. Judge David A. Sanders on 5/16/2012. (jkj)

05/17/2012 1345 NOTICE of Attorney Appearance by Tommy D. Goodwin on behalf of Mississippi Department of Corrections (Goodwin, Tommy)

05/24/2012 1346 MOTION for Joinder in Motion to Intervene (DKT#1333) by Harrison County, Mississippi. (Holleman, Timothy)

05/29/2012 1347 STIPULATION of Dismissal Joint Stipulation of Dismissal Without Prejudice. (Welch, Ronald)

05/29/2012 1348 NOTICE OF ENDORSEMENT by Timothy C. Holleman on behalf of Harrison County, Mississippi re 1347 Stipulation of Dismissal (Holleman, Timothy)

05/29/2012

Remark: [withdrawn without prejudice−−see Doc. 1347]: 1339 MOTION for Contempt Motion For Order Directing Harrison County Sheriff and Individual Members of the Harrison Board of Supervisors To Show Cause Why They Should Not Be Held In Contempt filed by Nazareth (nmi) Gates, 1346 MOTION for Joinder in Motion to Intervene (DKT#1333) filed by Harrison County, Mississippi, 1333 MOTION to Intervene filed by Melvin Brisolara, 1340 MOTION to Amend/Correct AMENDED MOTION FOR HARRISON COUNTY SHERIFF ET AL TO SHOW CAUSE WHY THEY SHOULD NOT BE HELD IN CONTEMPT filed by Nazareth (nmi) Gates. (jkj)

05/29/2012 1349 NOTICE OF ENDORSEMENT by Haley Necaise Broom on behalf of Melvin Brisolara re 1347 Stipulation of Dismissal Without Prejudice (Broom, Haley)

06/25/2012 1350 2012 ORDER Approving Kemper Joint State County Work Center for the Housing of State Prisoners. Signed by Mag. Judge David A. Sanders on 6/25/2012. (jkj)

06/25/2012 1351 2012 ORDER Re−Approving Union County Joint State County Work Center for the Housing of State Prisoners. Signed by Mag. Judge David A. Sanders on 6/25/2012. (jkj)

06/25/2012 1352 2012 ORDER Re−Approving Prentiss County Work Center for the Housing of State Prisoners. Signed by Mag. Judge David A. Sanders on 6/25/2012. (jkj)

06/25/2012 1353 2012 ORDER Approving Alcorn County Joint State County Work Program Work Center and Alcorn County Detention Center for the Housing of State Prisoners. Signed by Mag. Judge David A. Sanders on 6/25/2012. (jkj)

06/25/2012 1354 2012 ORDER Re−Approving Lauderdale County's Hilltop Honor Farm Joint State County Work Center for the Housing of State Prisoners. Signed by Mag. Judge David A. Sanders on 6/25/2012. (jkj)

Case: 4:71-cv-6 As of: 10/19/2019 10:42 AM CDT 102 of 114
07/09/2012 1355 2012 ORDER Re−Approving Issaquena County Joint State County Work Center for the Housing of State Prisoners. Signed by Mag. Judge David A. Sanders on 7/9/2012. (jkj)
07/09/2012 1356 2012 ORDER Disapproving Bolivar County Jail and Approving Men's JSCWP Work Center of Bolivar County for the Housing of State Prisoners. Signed by Mag. Judge David A. Sanders on 7/9/2012. (jkj)
07/09/2012 1357 2012 ORDER Approving Grenada County JSCWP Work Center and Grenada County Jail for the Housing of State Prisoners. Signed by Mag. Judge David A. Sanders on 7/9/2012. (jkj)
07/09/2012 1358 2012 ORDER Re−Approving Tate County Work Center and New Completed Tate County Jail for the Housing of State Prisoners. Signed by Mag. Judge David A. Sanders on 7/9/2012. (jkj)
07/09/2012 1359 2012 ORDER Approving Marshall County Jail for the Housing of State Prisoners. Signed by Mag. Judge David A. Sanders on 7/9/2012. (jkj)
07/16/2012 1360 2012 ORDER Approving Pearl River County Jail for the Housing of State Prisoners Participating in an Alcohol and Drug Rehabilitation Program. Signed by Mag. Judge David A. Sanders on 7/16/2012. (jkj)
07/24/2012 1361 2012 ORDER Approving Marion County Joint State County Work Center for Men for the Housing of State Prisoners. Signed by Mag. Judge David A. Sanders on 7/24/2012. (jkj)
07/24/2012 1362 2012 ORDER Approving Stone County Joint State County Work Center for the Housing of State Prisoners. Signed by Mag. Judge David A. Sanders on 7/24/2012. (jkj)
07/24/2012 1363 2012 ORDER Approving Lincoln County Jail and Lincoln County Work Center for the Housing of State Prisoners. Signed by Mag. Judge David A. Sanders on 7/24/2012. (jkj)
09/05/2012 1364 2012 ORDER Re−Approving Monroe County Jail and New Monroe County Jail Work Program for the Housing of State Prisoners. Signed by Mag. Judge David A. Sanders on 9/5/2012. (jkj)
09/05/2012 1365 2012 ORDER Re−Approving JSCWP Building of Winston−Choctaw County Regional Correctional Facility for the Housing of State Prisoners. Signed by Mag. Judge David A. Sanders on 9/5/2012. (jkj)
09/05/2012 1366 2012 ORDER Re−Approving New Chickasaw County Regional Work Center for the Housing of State Prisoners. Signed by Mag. Judge David A. Sanders on 9/5/2012. (jkj)
09/05/2012 1367 2012 ORDER Approving New Chickasaw County Jail for the Housing of State Prisoners. Signed by Mag. Judge David A. Sanders on 9/5/2012. (jkj)
09/05/2012 1368 NOTICE OF CORRECTION re 1366 : Docket Text should read: 2012 Order APPROVING New Chickasaw County Regional Work Center for the Housing of State Prisoners. (jkj)
09/05/2012 1369 2012 ORDER Re−Approving Attala County Work Center for the Housing of State Prisoners. Signed by Mag. Judge David A. Sanders on 9/5/2012. (jkj)
09/25/2012 1370 2012 ORDER Re−Approving Clay County Jail Work Program Wing for the Housing of State Prisoners. Signed by Mag. Judge David A. Sanders on 9/25/2012. (jkj)
09/27/2012 1371 2012 ORDER Re−Approving Carroll−Montgomery Regional County Jail for the Housing of State Prisoners. Signed by Mag. Judge David A. Sanders on 9/27/2012. (jkj)
10/10/2012 1372 2012 ORDER Approving Hancock County Jail for the Housing of State Prisoners Participating in an Alcohol and Drug Rehabilitation Program. Signed by Mag. Judge David A. Sanders on 10/10/2012. (jkj)
10/31/2012 1373 2012 ORDER Re−Appproving Lafayette County Jail for the Housing of State Prisoners. Signed by Mag. Judge David A. Sanders on 10/31/2012. (jkj)

Case: 4:71-cv-6 As of: 10/19/2019 10:42 AM CDT 103 of 114
10/31/2012 1374 2012 ORDER Temporarily Re−Approving Quitman County Jail for the Housing of State Prisoners. Signed by Mag. Judge David A. Sanders on 10/31/2012. (jkj)
11/30/2012 1375 2012 ORDER Approving Sunflower County Jail for the Housing of State Prisoners. Signed by Mag. Judge David A. Sanders on 11/30/2012. (jkj)
12/04/2012 1376 Response to 1302 Order County's Corrective Action Report. (Attachments: # 1 Exhibit Corrective Action Plan, # 2 Exhibit Affidavit of Tony Martin) (Nowak, Anthony)
12/06/2012 1377 2012 ORDER Approving New Pontotoc County Work Center and Disapproving Pontotoc County Jail for the Housing of State Prisoners. Signed by Mag. Judge David A. Sanders on 12/6/2012. (jkj)
12/06/2012 1378 2012 ORDER Approving Pearl River County Joint State County Work Center for the Housing of State Prisoners. Signed by Mag. Judge David A. Sanders on 12/6/2012. (jkj)
12/06/2012 1379 2012 ORDER Approving Simpson County Joint State County Work Center for the Housing of State Prisoners. Signed by Mag. Judge David A. Sanders on 12/6/2012. (jkj)
01/23/2013 1380 2013 ORDER Approving Scott County Joint State County Work Center and Scott County Jail for the Housing of State Prisoners. Signed by Mag. Judge David A. Sanders on 1/23/13. (jkj)
03/12/2013 1381 2013 ORDER Approving New Forrest County Jail for the Housing of State Prisoners. Signed by Mag. Judge David A. Sanders on 3/12/2013. (jkj)
03/12/2013 1382 2013 ORDER Approving New Holmes−Humphreys Joint State County Work Center for the Housing of State Prisoners. Signed by Mag. Judge David A. Sanders on 3/12/2013. (jkj)
03/12/2013 1383 2013 ORDER Re−Approving Humphreys County Jail for the Housing of State Prisoners. Signed by Mag. Judge David A. Sanders on 3/12/2013. (jkj)
03/12/2013 1384 2013 ORDER Approving Leake County Jail and Leake County Work Center for the Housing of State Prisoners. Signed by Mag. Judge David A. Sanders on 3/12/2013. (jkj)
03/12/2013 1385 2013 ORDER Re−Approving Attala County Work Center for the Housing of State Prisoners. Signed by Mag. Judge David A. Sanders on 3/12/2013. (jkj)
03/12/2013 1386 2013 ORDER Re−Approving The Choctaw County Work Center for the Housing of State Prisoners. Signed by Mag. Judge David A. Sanders on 3/12/2013. (jkj)
03/12/2013 1387 2013 ORDER Approving Jefferson−Franklin Joint State County Work Center for the Housing of State Prisoners. Signed by Mag. Judge David A. Sanders on 3/12/2013. (jkj)
03/12/2013 1388 2013 ORDER Approving Marion County Joint State County Work Center for Men for the Housing of State Prisoners. Signed by Mag. Judge David A. Sanders on 3/12/2013. (jkj)
03/15/2013 1389 2013 ORDER Approving Marion Joint State County Work Center for Women for the Housing of State Prisoners. Signed by Mag. Judge David A. Sanders on 3/15/2013. (jkj)
03/15/2013 1390 2013 ORDER Approving Panola Joint State County Work Center and Panola County Jail for the Housing of State Prisoners. Signed by Mag. Judge David A. Sanders on 3/15/2013. (jkj)
03/15/2013 1391 CORRECTED 2013 ORDER Approving New Forrest County Jail for the Housing of State Prisoners to reflect to correct expiration date. Signed by Mag. Judge David A. Sanders on 3/15/2013. (jkj)
03/15/2013 1392 CORRECTED 2013 ORDER Re−Approving the Choctaw County Work Center for the Housing of State Prisoners to reflect the correct expiration date. Signed by Mag. Judge David A. Sanders on 3/15/2013. (jkj)

Case: 4:71-cv-6 As of: 10/19/2019 10:42 AM CDT 104 of 114
03/22/2013 1393 2013 ORDER Temporarily Re−Approving Tallahatchie County Work Center in Sumner and Tallahatchie County Jail in Charleston for the Housing of State Prisoners. Signed by Mag. Judge David A. Sanders on 3/22/2013. (jkj)
07/17/2013 1394 2013 ORDER Re−Approving Hinds Joint State County Work Center for the Housing of Working State Inmates. Signed by Mag. Judge David A. Sanders on 7/17/2013. (jkj)
07/17/2013 1395 2013 ORDER Temporarily Re−Approving Quitman County Jail for the Housing of State Prisoners. Signed by Mag. Judge David A. Sanders on 7/17/2013. (jkj)
07/17/2013 1396 2013 ORDER Approving Men's JSCWP Work Center of Bolivar County for the Housing of State Prisoners. Signed by Mag. Judge David A. Sanders on 7/17/2013. (jkj)
07/17/2013 1397 2013 ORDER Approving Marshall County Jail for the Housing of State Prisoners. Signed by Mag. Judge David A. Sanders on 7/17/2013. (jkj)
07/17/2013 1398 2013 ORDER Re−Approving Tate County Work Center and Tate County Jail for the Housing of State Prisoners. Signed by Mag. Judge David A. Sanders on 7/17/2013. (jkj)
07/17/2013 1399 2013 ORDER Approving Grenada County JSCWP Work Center and Grenada County Jail for the Housing of State Prisoners. Signed by Mag. Judge David A. Sanders on 7/17/2013. (jkj)
07/17/2013 1400 2013 ORDER Approving Alcorn County Joint State County Work Program Work Center and Alcorn County Detention Center for the Housing of State Prisoners. Signed by Mag. Judge David A. Sanders on 7/17/2013. (jkj)
07/17/2013 1401 2013 ORDER Approving Brand New Tishomingo Joint State County Work Center and Brand New Tishomingo County Jail for the Housing of State Prisoners. Signed by Mag. Judge David A. Sanders on 7/17/2013. (jkj)
07/17/2013 1402 2013 ORDER Re−Approving Union County Joint State County Work Center for the Housing of State Prisoners. Signed by Mag. Judge David A. Sanders on 7/17/2013. (jkj) (Entered: 07/18/2013)
07/17/2013 1403 2013 ORDER Re−Approving Prentiss County Work Center for the Housing of State Prisoners. Signed by Mag. Judge David A. Sanders on 7/17/2013. (jkj) (Entered: 07/18/2013)
07/29/2013 1404 2013 ORDER Approving Issaquena County Joint State County Work Center for the Housing of State Prisoners. Signed by Mag. Judge David A. Sanders on 7/29/2013. (jkj)
07/29/2013 1405 2013 ORDER Re−Approving Monroe County Jail and New Monroe County Joint State County Work Program for the Housing of State Prisoners. Signed by Mag. Judge David A. Sanders on 7/29/2013. (jkj)
07/29/2013 1406 2013 ORDER Approving Kemper Joint State County Work Center for the Housing of State Prisoners. Signed by Mag. Judge David A. Sanders on 7/29/2013. (jkj)
07/29/2013 1407 2013 ORDER Re−Approving Lauderdale County's Hilltop Honor Farm Joint State County Work Center for the Housing of State Prisoners. Signed by Mag. Judge David A. Sanders on 7/29/2013. (jkj)
08/21/2013 1408 2013 ORDER Re−Approving Hinds County Detention Center Downtown for the Housing of State Prisoners. Signed by Mag. Judge David A. Sanders on 8/21/2013. (jkj)
08/21/2013 1409 2013 ORDER Re−Approving Hinds Joint State County Work Center for the Housing of Working State Inmates. Signed by Mag. Judge David A. Sanders on 8/21/2013. (jkj)
08/21/2013 1410 2013 ORDER Temporarily Re−Approving Quitman County Jail for the Housing of State Prisoners. Signed by Mag. Judge David A. Sanders on 8/21/2013. (jkj)
09/20/2013 1411 2013 ORDER Approving Simpson County Joint State County Work Center for the Housing of State Prisoners. Signed by Mag. Judge David A. Sanders on 9/20/2013. (jkj)

Case: 4:71-cv-6 As of: 10/19/2019 10:42 AM CDT 105 of 114
09/20/2013 1412 Amended 2013 ORDER Approving Alcorn County Joint State County Work Program Work Center and Alcorn County Detention Center for the Housing of State Prisoners. Signed by Mag. Judge David A. Sanders on 9/20/2013. (jkj)
09/20/2013 1413 2013 ORDER Approving Stone County Joint State County Work Center for the Housing of State Prisoners. Signed by Mag. Judge David A. Sanders on 9/20/2013. (jkj)
09/20/2013 1414 2013 ORDER Approving Pearl River County Jail for the Housing of State Prisoners Participating in an Alcohol and Drug Rehabilitation Program. Signed by Mag. Judge David A. Sanders on 9/20/2013. (jkj)
09/20/2013 1415 2013 ORDER Approving Pearl River County Joint State County Work Center for the Housing of State Prisoners. Signed by Mag. Judge David A. Sanders on 9/20/2013. (jkj)
09/20/2013 1416 2013 ORDER Approving Lincoln County Jail and Lincoln County Work Center for the Housing of State Prisoners. Signed by Mag. Judge David A. Sanders on 9/20/2013. (jkj)
10/22/2013 1417 2013 ORDER Approving Hancock County Jail for the Housing of Sheriff's Trustees and for State Prisoners Participating in an Alcohol and Drug Rehabilitation Program. Signed by Mag. Judge David A. Sanders on 10/22/2013. (jkj)
10/22/2013 1418 AMENDED 2013 ORDER Approving Stone County Joint State County Work Center for the Housing of State Prisoners. Signed by Mag. Judge David A. Sanders on 10/22/2013. (jkj)
10/22/2013 1419 2013 ORDER Re−Approving Carroll−Montgomery Regional County Jail for the Housing of State Prisoners. Signed by Mag. Judge David A. Sanders on 10/22/2013. (jkj)
10/22/2013 1420 2013 ORDER Re−Approving Clay County Jail Work Program Wing for the Housing of State Prisoners. Signed by Mag. Judge David A. Sanders on 10/22/2013. (jkj)
10/22/2013 1421 2013 ORDER Re−Approving JSCWP Building of Winston−Choctaw County Regional Correctional Facility for the Housing of State Prisoners. Signed by Mag. Judge David A. Sanders on 10/22/2013. (jkj)
10/22/2013 1422 2013 ORDER Re−Approving Attala County Work Center for the Housing of State Prisoners. Signed by Mag. Judge David A. Sanders on 10/22/2013. (jkj)
10/23/2013 1423 ORDER Disapproving Hinds Joint State County Work Center for the Housing of State Inmates. Signed by Mag. Judge David A. Sanders on 10/23/2013. (jkj)
11/18/2013 1424 2013 ORDER Approving Sunflower County Jail for the Housing of State Prisoners. Signed by Mag. Judge David A. Sanders on 11/18/2013. (jkj)
11/18/2013 1425 2013 ORDER Approving Pontotoc Joint State County Work Center and Pontotoc County Jail for the Housing of State Prisoners. Signed by Mag. Judge David A. Sanders on 11/18/2013. (jkj)
11/18/2013 1426 2013 ORDER Re−Approving Lafayette County Jail for the Housing of State Prisoners. Signed by Mag. Judge David A. Sanders on 11/18/2013. (jkj)
11/18/2013 1427 2013 ORDER Approving Marion County Jail for the Housing of State Prisoners. Signed by Mag. Judge David A. Sanders on 11/18/2013. (jkj)
11/18/2013 1428 2013 ORDER Approving Chickasaw Regional County Jail for the Housing of State Prisoners. Signed by Mag. Judge David A. Sanders on 11/18/2013. (jkj)
11/18/2013 1429 2013 ORDER Approving Alcorn Regional County Jail for the Housing of State Prisoners. Signed by Mag. Judge David A. Sanders on 11/18/2013. (jkj)
11/18/2013 1430 ORDER Extending Effective Date for Disapproval of Hinds Joint State County Work Center for the Housing of State Inmates. Signed by Mag. Judge David A. Sanders on 11/18/2013. (jkj)
12/10/2013 1431 2013 AMENDED ORDER Approving Sunflower County Jail for the Housing of State Prisoners. Signed by Mag. Judge David A. Sanders on 12/10/2013. (jkj)

Case: 4:71-cv-6 As of: 10/19/2019 10:42 AM CDT 106 of 114
12/27/2013 1432 SECOND ORDER Extending to March 15, 2014, Effective Date for Disapproval of Hinds Joint State County Work Center for the Housing of State Inmates. Signed by Mag. Judge David A. Sanders on 12/27/2013. (jkj)
02/03/2014 1433 2014 Order Approving Scott County Joint State County Work Center and Scott County Jail for the Housing of State Prisoners. Signed by Mag. Judge David A. Sanders on 2/3/2014. (jkj)
02/03/2014 1434 2014 ORDER Approving Webster County Joint State County Work Center for the Housing of State Prisoners. Signed by Mag. Judge David A. Sanders on 2/3/2014. (jkj)
02/03/2014 1435 2014 ORDER Re−Approving the Choctaw County Work Center for the Housing of State Prisoners. Signed by Mag. Judge David A. Sanders on 2/3/2014. (jkj)
02/21/2014 1436 2014 ORDER Approving Panola Joint State County Work Center and Panola County Jail for the Housing of State Prisoners. Signed by Mag. Judge David A. Sanders on 2/21/2014. (jkj)
02/21/2014 1437 2014 ORDER Approving New Holmes−Humphreys Joint State County Work Center For The Housing of State Prisoners. Signed by Mag. Judge David A. Sanders on 2/21/2014. (jkj)
02/21/2014 1438 2014 ORDER Re−Approving Humphreys County Jail for the Housing of State Prisoners. Signed by Mag. Judge David A. Sanders on 2/21/2014. (jkj)
02/21/2014 1439 2014 ORDER Temporarily Re−Approving Tallahatchie County Work Center in Sumner and Tallahatchie County Jail in Charleston for the Housing of State Prisoners. Signed by Mag. Judge David A. Sanders on 2/21/2014. (jkj)
03/18/2014 1440 2014 ORDER Approving Hinds County Detention Center Downtown for the Housing of State Prisoners. Signed by Mag. Judge David A. Sanders on 3/18/2014. (jkj)
03/18/2014 1441 AMENDED 2014 ORDER Approving Webster County Jail Annex for the Housing of State Prisoners. Signed by Mag. Judge David A. Sanders on 3/18/2014. (jkj)
03/18/2014 1442 2014 ORDER Re−Approving Hinds Joint State County Work Center for the Housing of Working State Inmates. Signed by Mag. Judge David A. Sanders on 3/18/2014. (jkj)
04/14/2014 1443 2014 ORDER Approving Jefferson−Franklin Joint State County Work Center for the Housing of State Prisoners. Signed by Mag. Judge David A. Sanders on 4/14/2014. (jkj)
04/14/2014 1444 2014 ORDER Approving Marion County Joint State County Work Center for Men for the Housing of State Prisoners. Signed by Mag. Judge David A. Sanders on 4/14/2014. (jkj)
04/14/2014 1445 2014 ORDER Approving Marion Joint State County Work Center for Women for the Housing of State Prisoners. Signed by Mag. Judge David A. Sanders on 4/14/2014. (jkj)
05/05/2014 1446 2014 ORDER Approving Leake County Jail and Leake County Work Center for the Housing of State Prisoners. Signed by Mag. Judge David A. Sanders on 5/5/2014. (jkj)
05/05/2014 1447 2014 ORDER Approving Grenada County JSCWP Work Center and Grenada County Jail for the Housing of State Prisoners. Signed by Mag. Judge David A. Sanders on 5/5/2014. (jkj)
05/05/2014 1448 2014 ORDER Temporarily Approving Quitman County Jail for the Housing of State Prisoners. Signed by Mag. Judge David A. Sanders on 5/5/2014. (jkj)
05/05/2014 1449 2014 ORDER Approving Marshall County Jail for the Housing of State Prisoners. Signed by Mag. Judge David A. Sanders on 5/5/2014. (jkj)
05/05/2014 1450 2014 ORDER Approving Monroe County Jail and New Monroe County Joint State County Work Program for the Housing of State Prisoners. Signed by Mag. Judge David A. Sanders on 5/5/2014. (jkj)
05/05/2014 1451 2014 ORDER Approving Union County Joint State County Work Center for the Housing of State Prisoners. Signed by Mag. Judge David A. Sanders on 5/5/2014. (jkj)

Case: 4:71-cv-6 As of: 10/19/2019 10:42 AM CDT 107 of 114

05/05/2014 1452 2014 ORDER Approving Prentiss County Work Center for the Housing of State Prisoners. Signed by Mag. Judge David A. Sanders on 5/5/2014. (jkj)

05/05/2014 1453 2014 ORDER Approving Brand New Tishomingo Joint State County Work Center and Brand New Tishomingo County Jail for the Housing of State Prisoners. Signed by Mag. Judge David A. Sanders on 5/5/2014. (jkj)

07/21/2014 1454 2014 ORDER Approving Issaquena County Joint State County Work Center for the Housing of State Prisoners. Signed by Magistrate Judge David A. Sanders on 7/21/2014. (jkj)

07/21/2014 1455 2014 ORDER Approving Lincoln County Jail and Lincoln County Work Center for the Housing of State Prisoners. Signed by Magistrate Judge David A. Sanders on 7/21/2014. (jkj)

07/21/2014 1456 2014 Belated ORDER Approving New Chickasaw County Regional Work Center for the Housing of State Prisoners. Signed by Magistrate Judge David A. Sanders on 7/21/2014. (jkj)

08/01/2014 1457 2014 ORDER Re−Approving Tate County Work Center and Tate County Jail for the Housing of State Prisoners. Signed by Magistrate Judge David A. Sanders on 8/1/2014. (jkj)

08/01/2014 1458 2014 ORDER Re−Approving Lauderdale County's Hilltop Honor Farm Joint State County Work Center for the Housing of State Prisoners. Signed by Magistrate Judge David A. Sanders on 8/1/2014. (jkj)

08/01/2014 1459 2014 ORDER Re−Approving JSCWP Building of Winston−Choctaw County Regional Correctional Facility for the Housing of State Prisoners. Signed by Magistrate Judge David A. Sanders on 8/1/2014. (jkj)

08/01/2014 1460 2014 ORDER Approving Alcorn County Joint State County Work Program Work Center and Alcorn County Detention Center for the Housing of State Prisoners. Signed by Magistrate Judge David A. Sanders on 8/1/2014. (jkj)

08/01/2014 1461 2014 ORDER Approving Kemper Joint State County Work Center for the Housing of State Prisoners. Signed by Magistrate Judge David A. Sanders on 8/1/2014. (jkj)

08/04/2014 1462 2014 ORDER Re−Approving Attala County Work Center for the Housing of State Prisoners. Signed by Magistrate Judge David A. Sanders on 8/4/2014. (jkj)

08/04/2014 1463 2014 ORDER Approving Carroll−Montgomery Regional County Jail for the Housing of State Prisoners. Signed by Magistrate Judge David A. Sanders on 8/4/2014. (jkj)

08/04/2014 1464 2014 ORDER Approving Simpson County Joint State County Work Center for the Housing of State Prisoners. Signed by Magistrate Judge David A. Sanders on 8/4/2014. (jkj)

08/04/2014 1465 2014 ORDER Approving Stone County Joint State County Work Center for the Housing of State Prisoners. Signed by Magistrate Judge David A. Sanders on 8/4/2014. (jkj)

08/04/2014 1466 2014 ORDER Approving Pearl River County Jail for the Housing of State Prisoners Participating in an Alcohol and Drug Rehabilitation Program. Signed by Magistrate Judge David A. Sanders on 8/4/2014. (jkj)

08/04/2014 1467 2014 ORDER Approving Pearl River County Joint State County Work Center for the Housing of State Prisoners. Signed by Magistrate Judge David A. Sanders on 8/4/2014. (jkj)

08/11/2014 1468 2014 ORDER Approving Men's JSCWP Work Center of Bolivar County for the Housing of State Prisoners. Signed by Magistrate Judge David A. Sanders on 8/11/2014. (jkj)

09/18/2014

1469

AMENDATORY ORDER DISMISSING WITH PREJUDICE, REMAINING COUNTY JAILS AND WORK CENTERS PORTION OF THIS CASE re: 1282 Order Dismissing Case. JULY 1, 2017, IS THE NEW DATE ON WHICH COUNTY JAILS AND WORK CENTER ORDERS REMAINDER OF THIS CASE SHALL BE AND ARE, HEREBY FINALLY DISMISSED WITH PREJUDICE. Signed by Magistrate Judge David A. Sanders on 9/18/2014. (jkj)

Case: 4:71-cv-6 As of: 10/19/2019 10:42 AM CDT 108 of 114
10/15/2014 1470 2014 ORDER Approving Clay County Jail Work Program Wing for the Housing of State Prisoners. Signed by Magistrate Judge David A. Sanders on 10/15/2014. (jkj)
10/15/2014 1471 2014 ORDER Approving Pontotoc Joint State County Work Center and Pontotoc County Jail for the Housing of State Priosoners. Signed by Magistrate Judge David A. Sanders on 10/15/2014. (jkj)
10/15/2014 1472 2014 ORDER Conditionally Approving Lafayette County Jail for the Housing of State Prisoners. Signed by Magistrate Judge David A. Sanders on 10/15/2014. (jkj)
10/30/2014 1473 2014 ORDER Approving Hancock County Jail for the Housing of Sheriff's Trustees and for State Prisoners Participating in an Alcohol and Drug Rehabilitation Program. Signed by Magistrate Judge David A. Sanders on 10/30/2014. (jkj)
11/12/2014 1474 2014 ORDER Approving Chickasaw County Work Center and County Jail for the Housing of State Prisoners. Signed by Magistrate Judge David A. Sanders on 11/12/2014. (jkj)
11/12/2014 1475 2014 ORDER Approving Sunflower County Jail for the Housing of State Prisoners. Signed by Magistrate Judge David A. Sanders on 11/12/2014. (jkj)
11/12/2014 1476 2014 Amended ORDER Approving Quitman County Jail for the Housing of State Prisoners. Signed by Magistrate Judge David A. Sanders on 11/12/2014. (jkj)
11/12/2014 1477 2014 ORDER Approving Hinds County Detention Center Downtown for the Housing of State Prisoners. Signed by Magistrate Judge David A. Sanders on 11/12/2014. (jkj)
11/12/2014 1478 2014 ORDER Approving Hinds Joint State County Work Center for the Housing of Working State Inmates. Signed by Magistrate Judge David A. Sanders on 11/12/2014. (jkj)
02/05/2015 1479 ORDER approving Men's JSCWP Work Center of Bolivar County for the Housing of State Prisoners. Signed by Magistrate Judge David A. Sanders on 2/5/15. (def)
02/05/2015 1480 ORDER re−approving Humphreys Count Jail for the Housing of State Prisoners. Signed by Magistrate Judge David A. Sanders on 2/5/15. (def)
02/05/2015 1481 ORDER Approving Panola Joint State County Work Center and Panola County Jail for the Housing of State Prisoners. Signed by Magistrate Judge David A. Sanders on 2/5/15. (def)
02/05/2015 1482 2015 Order Re−Approving Tallahatchie County Work Center in Sumner and Tallahatchie County Jail in Charleston for the Housing of State Prisoners. Signed by Magistrate Judge David A. Sanders on 2/5/15. (def)
02/05/2015 1483 2015 Order Approving New Holmes−Humphreys Joint State County Work Center for the Housing of State Prisoners. Signed by Magistrate Judge David A. Sanders on 2/5/15. (def)
02/11/2015 1484 2015 ORDER Approving the Choctaw County Jail and Choctaw Work Center for the Housing of State Prisoners. Signed by Magistrate Judge David A. Sanders on 2/11/15. (def)
02/11/2015 1485 2015 ORDER approving Leake County Jail and Leake County Work Center for the Housing of State Prisoners. Signed by Magistrate Judge David A. Sanders on 2/11/15. (def)
02/11/2015 1486 2015 ORDER Approving Monroe County Jail and New Monroe County Joint State County Work Program for the Housing of State Prisoners. Signed by Magistrate Judge David A. Sanders on 2/11/15. (def)
02/11/2015 1487 2015 ORDER Approving Scott County Joint State County Work Center and Scott County Jail for the Housing of State Prisoners. Signed by Magistrate Judge David A. Sanders on 2/11/15. (def)
02/11/2015 1488 2015 ORDER Approving Webster County Jail Annex for the Housing of State Prisoners. Signed by Magistrate Judge David A. Sanders on 2/11/15. (def)
04/06/2015 1489 2015 ORDER Approving Jefferson−Franklin Joint State County Work Center. Signed by Magistrate Judge David A. Sanders on 4/6/15. (def)

Case: 4:71-cv-6 As of: 10/19/2019 10:42 AM CDT 109 of 114
04/06/2015 1490 2015 ORDER Approving Marion County Joint State County Work Center for Men For the Housing of State Prisoners. Signed by Magistrate Judge David A. Sanders on 4/6/15. (def)
04/06/2015 1491 2015 ORDER Approving Marion Joint State County Work Center for Women For the Housing of State Prisoners. Signed by Magistrate Judge David A. Sanders on 3/6/15. (def)
04/13/2015 1492 2015 ORDER Approving Pontotoc Joint State County Work Center and Pontotoc County Jail for the Housing of State Prisoners. Signed by Magistrate Judge David A. Sanders on 4/13/15. (def)
04/13/2015 1493 2015 ORDER Approving Prentiss County Work Center for the Housing of State Prisoners. Signed by Magistrate Judge David A. Sanders on 4/13/15. (def)
04/13/2015 1494 2015 ORDER Approving Union County Joint State County Work Center for the Housing of State Prisoners. Signed by Magistrate Judge David A. Sanders on 4/13/15. (def)
04/13/2015 1495 2015 ORDER Approving Tishomingo Joint State County Work Center and Tishomingo County Jail for the Housing of State Prisoners. Signed by Magistrate Judge David A. Sanders on 4/13/15. (def)
04/17/2015 1496 2015 ORDER Conditionally Approving Lafayette County Jail for the Housing of State Prisoners. Signed by Magistrate Judge David A. Sanders on 4/17/15. (def)
04/17/2015 1497 2015 ORDER Approving Grenada County JSCWP Work Center and Grenada County Jail for the Housing of State Prisoners. Signed by Magistrate Judge David A. Sanders on 4/17/15. (def)
04/17/2015 1498 2015 ORDER Approving Marshall County Jail for the Housing of State Prisoners. Signed by Magistrate Judge David A. Sanders on 4/17/15. (def)
06/25/2015 1499 NOTICE of Attorney Appearance by Anthony Louis Schmidt on behalf of Mississippi Department of Corrections (Schmidt, Anthony)
07/10/2015 1500 2015 Order Approving Issaquena County Joint State County Work Center for the Housing of State Prisoners. Signed by Magistrate Judge David A. Sanders on 7/10/15. (def)
07/10/2015 1501 2015 Order Approving Kemper Joint State County Work Center for the Housing of State Prisoners. Signed by Magistrate Judge David A. Sanders on 7/10/15. (def)
07/10/2015 1502 2015 ORDER Re−Approving Lauderdale County's Hilltop Honor Farm Joint State County Work Center for the Housing of State Prisoners. Signed by Magistrate Judge David A. Sanders on 7/10/15. (def)
07/10/2015 1503 2015 ORDER Approving Lincoln County Jail and Lincoln County Work Center for the Housing of State Prisoners. Signed by Magistrate Judge David A. Sanders on 7/10/15. (def)
07/10/2015 1504 2015 ORDER RE−Approving JSCWP Building of Winston−Choctaw County Regional Correctional Facility for the Housing of State Prisoners. Signed by Magistrate Judge David A. Sanders on 7/10/15. (def)
07/13/2015 1505 2015 ORDER Approving Alcorn County Joint State County Work Program Work Center and Alcorn County Detention Centers for the Housing of State Prisoners. Signed by Magistrate Judge David A. Sanders on 7/13/15. (def)
07/13/2015 1506 2015 ORDER Re−Approving Attala County Work Centers for the Housing of State Prisoners. Signed by Magistrate Judge David A. Sanders on 7/13/15. (def)
07/13/2015 1507 2015 ORDER Re−Approving Tate County Work Center and Tate County Jail for the Housing of State Prisoners. Signed by Magistrate Judge David A. Sanders on 7/13/15. (def)
07/16/2015 1508 2015 ORDER Approving Stone County Joint State County Work Center for the Housing of State Prisoners. Signed by Magistrate Judge David A. Sanders on 7/16/15. (def)

Case: 4:71-cv-6 As of: 10/19/2019 10:42 AM CDT 110 of 114
07/20/2015 1509 2015 ORDER Approving Carroll−Montgomery Regional Jail for the Housing of State Prisoners. Signed by Magistrate Judge David A. Sanders on 7/20/17. (def)
08/04/2015 1510 2015 ORDER Approving Pearl River County Jail for the Housing of State Prisoners Participating in an Alcohol and Drug Rehabilitation Program. Signed by Magistrate Judge David A. Sanders on 8/4/15. (def)
08/04/2015 1511 2015 ORDER Approving Pearl River County Joint State County Work Center for the Housing of State Prisoners. Signed by Magistrate Judge David A. Sanders on 8/4/15. (def)
08/04/2015 1512 2015 ORDER Approving Simpson County Joint State County Work Center for the Housing of State Prisoners. Signed by Magistrate Judge David A. Sanders on 8/4/15. (def)
10/08/2015 1513 2015 ORDER Approving Clay County Jail Work Program Wing for the Housing of State Prisoners. Signed by Magistrate Judge David A. Sanders on 10/8/15. (def)
10/08/2015 1514 2015 ORDER Approving Hancock County Jail for the Housing of Sheriff's Trustees and for State Prisoners Participating in and Alcohol and Drug Rehabilitation Program. Signed by Magistrate Judge David A. Sanders on 10/8/15. (def)
11/30/2015 1515 2015 ORDER APPROVING SUNFLOWER COUNTY JAIL FOR THE HOUSING OF STATE PRISONERS. Signed by Magistrate Judge David A. Sanders on 11/30/15. (def)
11/30/2015 1516 2015 ORDER Approving Chickasaw County Work Center and County Jail for the Housing of State Prisoners. Signed by Magistrate Judge David A. Sanders on 11/30/15. (def)
01/08/2016 1517 2015 ORDER APPROVING SCOTT COUNTY JOINT STATE COUNTY WORK CENTER AND SCOTT COUNTY JAIL FOR THE HOUSING OF STATE PRISONERS. Signed by Magistrate Judge David A. Sanders on 1/ 8/16. (def)
02/23/2016 1518 2016 ORDER Approving Men's JSCWP Work Center of Bolivar County for the Housing of State Prisoners. Signed by Magistrate Judge David A. Sanders on 2/23/16. (def)
02/23/2016 1519 2016 ORDER Approving Jefferson−Franklin Joint State County Work Center for the Housing of State Prisoners. Signed by Magistrate Judge David A. Sanders on 2/23/16. (def)
02/23/2016 1520 2016 ORDER Approving Marion County Joint State County Work Center for Men for the Housing of State Prisoners. Signed by Magistrate Judge David A. Sanders on 2/23/16. (def)
02/23/2016 1521 2016 ORDER Approving the Choctaw County Jail and Choctaw Work Center for the Housing of State Prisoners. Signed by Magistrate Judge David A. Sanders on 2/23/16. (def)
02/23/2016 1522 2016 ORDER Re−Approving Tallahatchie County Work Center in Sumner and Tallahatchie County Jail in Charleston and for the Housing of State Prisoners. Signed by Magistrate Judge David A. Sanders on 2/23/16. (def)
02/23/2016 1523 2016 ORDER Re−Approving Humphreys County Jail for the Housing of State Prisoner. Signed by Magistrate Judge David A. Sanders on 2/23/16. (def)
03/02/2016 1524 2016 ORDER Approving Marion Joint State County Center for Women for the Housing of State Prisoners. Signed by Magistrate Judge David A. Sanders on 3/2/16. (def)
03/02/2016 1525 2016 ORDER Approving Monroe County Jail and New Monroe County Joint State County Work Program for the Housing of State Prisoners. Signed by Magistrate Judge David A. Sanders on 3/2/16. (def)
03/02/2016 1526 2016 ORDER Approving Panola Joint State County Work Center and Panola County Jail for the Housing of State Prisoners. Signed by Magistrate Judge David A. Sanders on 3/2/16. (def)

Case: 4:71-cv-6 As of: 10/19/2019 10:42 AM CDT 111 of 114
04/11/2016 1527 2016 CORRECTED ORDER Approving Monroe County Jail and New Monroe County Joint State County Work Program for the Housing of State Prisoners. Signed by Magistrate Judge David A. Sanders on 4/11/16. (def)
04/25/2016 1528 2016 ORDER Approving Webster County Jail Annex for the Housing of State Prisoners. Signed by Magistrate Judge David A. Sanders on 4/25/16. (def)
04/26/2016 1529 2016 Order Approving Pontotoc Joint State County Work Center and Pontotoc county Jail for the Housing of State Prisoners. Signed by Magistrate Judge David A. Sanders on 4/26/16. (def)
04/26/2016 1530 2016 Order Approving Hinds Joint State County Work Center for the Housing of Working State Inmates. Signed by Magistrate Judge David A. Sanders on 4/26/16. (def)
05/24/2016 1531 2016 ORDER Approving Grenada County Jail for the Housing of State Prisoners. Signed by Magistrate Judge David A. Sanders on 4/24/16. (def)
05/24/2016 1532 2016 ORDER Re−Approving Tate County Work Center and Tate County Jail for the Housing of State Prisoners. Signed by Magistrate Judge David A. Sanders on 5/24/16. (def)
05/24/2016 1533 2016 ORDER Approving Marshall County ail for the Housing of State Prisoners. Signed by Magistrate Judge David A. Sanders on 5/24/16. (def)
05/24/2016 1534 2016 ORDER Re_Approving JSCWP Building of Winston−Choctaw County Regional Correctional Facility for the Housing of State Prisoners. Signed by Magistrate Judge David A. Sanders on 5/24/16. (def)
05/24/2016 1535 2016 ORDER Approving Alcorn County Joint State County Work Program Work Center for the Housing of State Prisoners. Signed by Magistrate Judge David A. Sanders on 5/24/16. (def)
05/24/2016 1536 2016 ORDER Approving Kemper Joint State County Work Center for the Housing of State Prisoners. Signed by Magistrate Judge David A. Sanders on 5/24/16. (def)
05/25/2016 1537 2016 ORDER Conditionally Approving Lafayette County Jail for the Housing of State Prisoners. Signed by Magistrate Judge David A. Sanders on 5/25/2016. (def)
05/25/2016 1538 2016 ORDER Re−Approving Lauderdale County's Hilltop Honor Farm Joint State County Work Center for the Housing of State Prisoners. Signed by Magistrate Judge David A. Sanders on 5/25/16. (def)
07/06/2016 1539 2016 Order Approving Tishomingo Joint State County Work Center and Tishomingo County Jail for the Housing of State Prisoners. Signed by Magistrate Judge David A. Sanders on 7/6/16. (def)
07/06/2016 1540 2016 ORDER Approving Prentiss County Work Center for the Housing of State Prisoners. Signed by Magistrate Judge David A. Sanders on 7/6/16. (def)
07/06/2016 1541 2016 ORDER Approving Union County Joint State County Work Center for the Housing of State Prisoners. Signed by Magistrate Judge David A. Sanders on 7/6/16. (def)
07/06/2016 1542 2016 ORDER Approving Alcorn County Joint State County Work Program Work Center and Alcorn County Detention Center for the Housing of State Prisoners. Signed by Magistrate Judge David A. Sanders on 7/6/16. (def)
07/06/2016 1543 2016 ORDER Approving Lincoln County Jail and Lincoln County Work Center for the Housing of State Prisoners. Signed by Magistrate Judge David A. Sanders on 7/6/16. (def)
07/25/2016 1544 2016 ORDER Re−Approving Attala County Work Center for the Housing of State Prisoners. Signed by Magistrate Judge David A. Sanders on 7/25/16. (def)
07/25/2016 1545 2016 ORDER Re−Approving Attala County Work Center for the Housing of State Prisoners. Signed by Magistrate Judge David A. Sanders on 7/25/16. (def)
07/25/2016 1546 2016 ORDER Approving Simpson County Joint State County Work Center for the Housing of State Prisoners. Signed by Magistrate Judge David A. Sanders on 7/25/16.

Case: 4:71-cv-6 As of: 10/19/2019 10:42 AM CDT 112 of 114
(def)
07/26/2016 1547 2016 ORDER Approving Pearl River County Jail for the Housing of State Prisoners Participating in an Alcohol and Drug Rehabilitation Program. Signed by Magistrate Judge David A. Sanders on 7/26/16. (def)
07/26/2016 1548 2016 ORDER Approving Pearl River County Joint State County Work Center for the Housing of State Prisoners. Signed by Magistrate Judge David A. Sanders on 7/26/16. (def)
07/26/2016 1549 2016 ORDER Approving Stone County Joint State County work Center for the Housing of State Prisoners. Signed by Magistrate Judge David A. Sanders on 7/26/16. (def)
07/26/2016 1550 2016 ORDER Approving Carroll−Montgomery Regional County Jail for the Housing of State Prisoners. Signed by Magistrate Judge David A. Sanders on 7/26/16. (def)
09/29/2016 1551 AMENDED ORDER Approving Marshall County Jail for the Housing of State Prisoners. Signed by Magistrate Judge David A. Sanders on 9/28/16. (def)
10/05/2016 1552 NOTICE of Attorney Appearance by Darrell Clayton Baughn on behalf of Mississippi Department of Corrections (Baughn, Darrell)
11/28/2016 1553 2016 Final ORDER Approving Hancock County Jail for the Housing of Sheriff's Trusties and for State Prisoners Participating in an Alcohol and Drug Rehabilitation Program. Signed by Magistrate Judge David A. Sanders on 11/28/16. (def)
12/15/2016 1554 2016 Final ORDER Approving Sunflower County Jail for the Housing of State Prisoners. Signed by Magistrate Judge David A. Sanders on 12/15/16. (def)
12/15/2016 1555 2016 Final ORDER Approving Clay County Jail Work Program Wing for the Housing of State Prisoners. Signed by Magistrate Judge David A. Sanders on 12/15/16. (def)
12/15/2016 1556 2016 Final ORDER Approving Chickasaw County Work Center and County Jail for the Housing of State Prisoners. Signed by Magistrate Judge David A. Sanders on 12/15/16. (def)
01/19/2017 1557 2017 FINAL ORDER Approving Scott County Joint State County Work Center and Scott County Jail for the Housing of State Prisoners.igned by Magistrate Judge David A. Sanders on 1/19/17. (def)
01/19/2017 1558 FINAL ORDER Approving the Choctaw County Jail and Choctaw Work Center for the Housing of State Prisoners. Signed by Magistrate Judge David A. Sanders on 1/19/17. (def)
01/19/2017 1559 2017 FINAL ORDER Approving Monroe County Jail and New Monroe County Joint State County Work Program for the Housing of State Prisoners. Signed by Magistrate Judge David A. Sanders on 1/19/17. (def)
01/19/2017 1560 2017 Final ORDER Approving Humphreys County Jail for the Housing of State Prisoners. Signed by Magistrate Judge David A. Sanders on 1/19/17. (def)
01/19/2017 1561 2017 FINAL ORDER Approving Tallahatchie County Work Center in Sumner and Tallahatchie County Jail in Charleston for the Housing of State Prisoners. Signed by Magistrate Judge David A. Sanders on 1/19/17. (def)
01/19/2017 1562 2017 FINAL ORDER Approving Mens' JSCWP Work Center of Bolivar County for the Housing of State Prisoners. Signed by Magistrate Judge David A. Sanders on 1/19/17. (def)
01/19/2017 1563 2017 Final ORDER Approving Panola Joint Sate County Work Center and Panola County Jail for the Housing of State Prisoners. Signed by Magistrate Judge David A. Sanders on 1/19/17. (def)
01/25/2017 1564 2017 ORDER Approving Jefferson−Franklin Joint State County Work Center for the Housing of State Prisoners. Signed by Magistrate Judge David A. Sanders on 1/25/17. (def)
01/25/2017 1565 2017 ORDER Approving Marion Joint State County Work Center for Women for the Housing of State Prisoners. Signed by Magistrate Judge David A. Sanders on 1/25/17.

Case: 4:71-cv-6 As of: 10/19/2019 10:42 AM CDT 113 of 114
(def)
01/25/2017 1566 2017 ORDER Approving Marion County Joint State County Work Center for Men for the Housing of State Prisoners. Signed by Magistrate Judge David A. Sanders on 1/25/16. (def)
05/11/2017 1567 NOTICE by Ronald Reid Welch on behalf of Nazareth (nmi) Gates re 1540 Order NOTICE OF DISAPPROVAL OF PRENTISS COUNTY WORK CENTER (Welch, Ronald)
05/17/2017 1568 2017 ORDER Approving Union County Joint State County Work Center for the Housing of State Prisoners. Signed by Magistrate Judge David A. Sanders on 5/17/17. (def)
05/18/2017 1569 2017 ORDER Approving Marshall County Jail for the Housing of State Prisoners. Signed by Magistrate Judge David A. Sanders on 5/17/17. (def)
05/18/2017 1570 2017 ORDER Approving Pontotoc Joint States County Work Center and Pontotoc County Jail for the Housing of State Prisoners. Signed by Magistrate Judge David A. Sanders on 5/17/17. (def)
05/18/2017 1571 2017 ORDER Approving Lafayette County Jail for the Housing of State Prisoners. Signed by Magistrate Judge David A. Sanders on 5/17/17. (def)
05/23/2017 1572 2017 ORDER Approving Grenada County Jail for the Housing of State Prisoners. Signed by Magistrate Judge David A. Sanders on 5/23/17. (def)
05/24/2017 1573 2017 ORDER Approving Tishomingo Joint State County Work Center and Tishomingo County Jail for the Housing of State Prisoners. Signed by Magistrate Judge David A. Sanders on 5/24/17. (def)
06/14/2017 1574 2017 ORDER Approving Stone County Joint State County Work Center for the Housing of State Prisoners. Signed by Magistrate Judge David A. Sanders on 6/14/17. (def)
06/14/2017 1575 2017 ORDER Re−Approving JSCWP Building of Winston−Choctaw County Regional Correctional Facility for the Housing of State Prisoners. Signed by Magistrate Judge David A. Sanders on 6/14/17. (def)
06/14/2017 1576 2017 ORDER Approving Carroll−Montgomery Regional County Jail for the Housing of State Prisoners. Signed by Magistrate Judge David A. Sanders on 6/14/17. (def)
06/14/2017 1577 2017 ORDER Approving Alcorn County JSCWP Work Center for the Housing of State Inmates. Signed by Magistrate Judge David A. Sanders on 6/14/17. (def)
06/14/2017 1578 2017 ORDER Approving Simpson County Joint State County Work Center for the Housing of State Prisoners. Signed by Magistrate Judge David A. Sanders on 6/14/17. (def)
06/15/2017 1579 2017 ORDER Re−Approving Lauderdale County's Hilltop Honor Farm Joint State County Work Center for the Housing of State Inmates. Signed by Magistrate Judge David A. Sanders on 6/15/17. (def)
06/21/2017 1580 2017 ORDER Approving Pearl River County Joint State County Work Center for the Housing of State Prisoners. Signed by Magistrate Judge David A. Sanders on 6/21/2017. (def)
06/21/2017 1581 2017 ORDER Approving Pearl River County Jail for the Housing of State Prisoners Participating in an Alcohol and Drug Rehabilitation Program. Signed by Magistrate Judge David A. Sanders on 6/21/17. (def)
06/21/2017 1582 2017 ORDER Approving Lincoln County Jail and Lincoln County Work Center for the Housing of State Prisoners. Signed by Magistrate Judge David A. Sanders on 6/21/17. (def)
06/21/2017 1583 2017 ORDER Re−Approving Tate County Work Center and Tate County Jail for the Housing of State Prisoners. Signed by Magistrate Judge David A. Sanders on 6/21/17. (def)

Case: 4:71-cv-6 As of: 10/19/2019 10:42 AM CDT 114 of 114
06/21/2017 1584 2017 ORDER Approving Webster County Jail Annex for the Housing of State Prisoners. Signed by Magistrate Judge David A. Sanders on 6/21/17. (def)
06/21/2017 1585 2017 ORDER Approving Kemper Joint State County Work Center for the Housing of State Prisoners. Signed by Magistrate Judge David A. Sanders on 6/21/17. (def)
06/29/2017 1586 2018 ORDER APPROVING HOLMES−HUMPHREYS JOINT STATE COUNTY WORK CENTER FOR THE HOUSING OF STATE PRISONERS. Signed by Magistrate Judge David A. Sanders on 6/29/17. (def)
06/29/2017 1587 2017 ORDER Approving Prentiss County Work Center for the Housing of State Prisoners. Signed by Magistrate Judge David A. Sanders on 6/29/17. (def)
07/27/2017 1588 NOTICE OF CORRECTION re 1587 Order. Order correcting date of entry attached. (def)
02/15/2018 1589 MOTION To Reinstate by Russell K Hill. (tab) (Entered: 02/20/2018)
02/28/2018 1590 ORDER denying 1589 Motion to Reinstate Class Action. Signed by Magistrate Judge David A. Sanders on 2/28/18. (jcm)
08/16/2018 1591 USCA Letter as to Russell K. Hill (Attachments: # 1 Petition For Writ of Mandamus) (tab)
09/20/2018 1592 USCA ORDER that petition for writ of mandamus is dismissed for want of prosecution (Attachments: # 1 USCA Letter) (tab)

 </s> &

0. c. iC*6

'

CERTIFIED CLASS ACTION on

... d

I

DCCKET

--

3-30-71 Frank R.

Parkcr

GC716 \ **

------.

-

-

TITLE OF CASE

- Nazareth Gates, e t a1

VS

-

-pew-

, m~=-w~~~--

.. . . .

a c kson.21~---Dayid.+L.il

I

-2-

!I Roy

S.

U-23:
Haber, Constanc

I

( S l a u g h t e r , 233 N. F a r i

L%-~-SZ-~WZ-
- --.- s u b s t i t u t e d bv o r d e r d a t e d 4-3-72
--J-o.h-- n C-..o-l.l i e r , S u p c r i n x d e n t o f t h e M i s s i s s i p p i
State Penitentiarv, et a1

I Jackson, M i s s . 39201
IHon. M i c h a e l Davidson,

.SxyA?cx8-,

A s s . At

---

Jackson, Miss. 39205
I

J.S. 5

I.3l9JXwi-n

BASIS OF ACTION: P r e l i m i n a r y and Permanent I n j u n c t i o n

-- JURY TF!lAL CLAIMED
ON

1" /I I DATE

PLAINTIFP'S ACCOUNT

" I OISBURSFO

DATE

k Wm. A l l a i n

~(

P . Q . Box 220, Jxn

i

I

1

1

.

g

1 . DYENOANT'S ACCOUNT

RCCEIVIO

.I1- I

2-8-71 R219173

1 $15 loo

.

I

-

-

I
1 1-22-72' RB22OS8 (appeal)
- '-i I

5 100
I.

,

I I
3-12-73 "2220

'.

. . Notice zf Appeal

I

I

. I

ABSTRACT OFCOSTS

T O WHOM Out?:

AMOUNT

. ,

RECEIPTS.. RFMARKS. BTC.

FILINGS—PROCEEDINGS

AM< REPOF EMOL
RET

2-8-71
2-22-71

Filed complaint - issued summons -mailed to Marshal at Oxford
Hailed notice to attorneys showing Judge Keady has been assigned to this case
I Filed Marshal's return on summons and aomplaint Ex. as follows: 2-10-71 by ' serving St. Turner Arant at Blaine, Miss.; Thomas D. Cook, parchman, Miss. on
2-10-71; On 2-11-71 serving J.D. Demoville at Okolona, Miss.; on 2-12-71
served Sebe Dale, Jr. at Columbis, Miss.; on 2-16-71 served Robert D. Robinson

3-1-71

I at Jackson, MlSB.; and Hon. .Tnnn R P I T W i 11-f am g at- Tar.lf.qnn, M ^ s . n n 2-1K-71

by personally leaving copies on his desk, after he refused service

|

I Received and entered order extending time to file pleadings or answer till!

March 19, 1971 order signed 3-1-71

cob 9, pg. 228

Mailad notice of order to attorneys of record

3-3-71 3-4-71

j Mailad notice setting TRO on March 10, 1971 at 9 A.M. in Oxford ! Received and entered order signed 3-3-71 allowing the petition for writ of:
habeas corpus filed by Don Earl Hite to be filed in this case and to be

treated as a motion to intervene as a class action pltf. cob 9, pg. 233-;234

J-4-/1 3-5-71

Certified copies of the above order were mailed by certified mail to counsel

of record, the petitioner and Thomas D. Cook from the Clerk's Office in Oxford

Filed moTTion for "TRO ana ror Preliminary injunction

|

Received and entered order setting hear ing on pltfs. motion for TRO signed

3-4-71

cob 9, pg. 236-237

At Oxford the writ of habeas corpus ad testificandum was issued on Willie Lee

Holmes. James Edward Napier, Matthrew Winters and handed to Marshal at Oxford on

3-5-71

3-4-71 I Mailed notice of order to attorneys of record

3-9-71

Filed Marshal's return on Writ of Habeas Corpus Tes. Ex. 3-5-71 by servint by serving Thomas P. Cook, Supt. Miss. State Pen, directing Mr. Cook to produce the following named at Oxford on 3-10-71 at 9 A.M.: Willie Lee Holmes, Matthew Winters and James Edward Napier

3-15-71 • Filed motion for designation of a Three-Judge District Court with notice o : moti 3-16-71 ! Received copy of letter to attorneys stating that a hearing has been set fcr
March 22, 1971 at 9 A.M. in Greenville on all pending motions

3-17-71

Received and entered order signed 3-17-71 directing the Clerk to file the petition and treat it as a motion to intervene without prepayment of fees

cob 9, pg. 254-255 Filed Motion to intervene on behalf of Larry Nolan Lucas, et a-1

3-19-71

Mailed by certified mailq a certified copy of order and motion to jpf-ervene to attorneys of record Filed answer of Deft.

O. C. 106

.DOCKET
TITLE OF CASE

GC716(b)-K
ATTORNEVS For Pluiv.titf:

NAZARETH GATES, ET AL

VS

(substifeued bv order of 4-3-72)J.

. __TmxnreyTrcyrap5:T SUPERINTENDENT OF THE MTSSTSSIPPI STATE PENITENTIARY, ET AL

For Defendant:

liVSIS OF ACTION:

.IRY TRIAL CLAIMED

DATE

PLAINTIFF'S ACCOUNT : RECEIVED

•

•

DISBURSED

OATE

DEFENDANT'S ACCOUNT

RECEIVED

D1SBU

ABSTRACT OF COSTS

TO WHOM DUE

AMOUNT

-RECEIPTS. REMARKS. ETC.

DATE

GC716(b)-K

FILINGS—PROCEEDINGS

A REP EMC
Rl

4-30-71 j Reciived andentered memorandum order signed 4-30-71 cob 9, pg. 332-335

Received andentered order signed 4-30-71 with notice to all black inmates _ <l£Miss. State Penitentiary (Parchman) andcopy of request for exclusion from

lawsuit as to GC716(b')-K • 5-25-71 IFiled request for exclusion from law suit by black inmates (Roy Harlin)
5-26-71 ! Filed request of the following named for exclusion from lawsuit by black inmate

5-27-71

Eline Fortenberry, James Hanner, Jr., Luther Curtis Carl Cartcell, Willie Lee Tom Stinnage, K.C.Riley, Wilbert Davis, Eugene Evans iFiled request for exclusion from lawsuit byblack inmates iPercy Harris, Artis W. Jones, James Roberts, Augustor R. Gaines, Russell Joiner, (Aldred Radliff, Tommie Graham, Otha Spivey, Robert Sponn, Edalphus Goings, j

'Bish Nash, Jitnmie Gatlin, William Smith, Jr., Georgie PickEring, Vernon W. Bundy

Jarr.es M. Shack, Theopalis Menton, James L. Robertson, Jerrie Wayne Watts, I

S.C. Davis, 3ernice Goldman,James Capees, W.W. McLaurin, Dan Belton, Jessie Hil

IIra Dell Crumpton,Walter Collins, George H. Moore, Don Lily, Joe Grace, Walter G

|David Harris, Jimmie Lee Ivey, Floyd Fox, Willie B. Harper, Elige Kron, J.Wl Ale

,

————

^

'William Taylor, Willie Smith, Excel Anderson, Brewer Wiley, Moran West, JohnDe

JRobert Lee Jones, Richard Fulton, Eugene Magee, Charlie Dalton, Palmer Gibbs,%

I Columbus Martin, Lera Christmas, Leonard Bell, Harrison Page, Anthony Greeny

-j

. •

!

iIJJiomsepLhi tMt l iel,esR, oJbaemrtesGFiilel il ds ,s , ToRmombyerWt .EM.cDNeaaiiiradm, , K.C. Patton, James D. Reed, J r . ,

5-28-71 iFiled request for exclusion from lawsuit by black inmates

John Gaines, Herman H a r r i s , Ted Ramsey, William Butchee, J r . '

6/1/71 ! Filed request for exclusion from lawsuit by black inmates as fcllov

"jCiTrf Wright, David Lonie,Grover L. Wills, Willie Louis Lee,Bobby

w

-:-Thomas-Campbel-Lr—Qs-y-bea—Whel-O^e^, Tom Caffay,-Jr., M.C.Leo,—S^-j

-'Anderson Hopkins, Freddie L. Watson, L. C.-'Carson, Samuel Smith (t iR. L. Smith, Lawson Rio, Jr.,Spurge GraVSon.

6/2/71 Filed the following request for exclusion from lawsuit by black mrr.

"! Roosevelt CaxauL

xll

ALu.ddllio.in ismre

c p n r,pp' Tii y Euuggene Chhatman,,Lnnni P Smifh,—D,RVI d Savagge, T.a

I Jimmie Williams, Mary Hays,, James Talior, Mary E. Flowers, Revll_J_o
Rials (unsigned)

6-3-71
6-4-71
«
i 6-7-71
6-9-71

Filed request for exclusion from lawsuit by black inmates: Robert Lee Graham 1 Filed request for exclusion from lawsuity by black inmates: Henderson Jackson__ i andWillie Shaw, Q. B. Henderson, Willie M. Taylor, Leroy Davis, Allen "j Edgar RindTeT~Jerry Earl Bank's^ Sidney Joseph
jFiled request for exclusion from lawsuity by Black Inmates: Willie Lee Walter
IFiled request for exclusion from lawsuity by black inmates: Cleveland Lee !Joe Jones, J r .

D. C. 110 Rev. Civil Docket Continuation

CO
7 / I- - /<

DATE

PROCEEDINGS

3-29-71 j Received and entered order signed 3-25-71 stating that themotion fora Thre

! Judge Court be held in abeyance for a period of 60 days in order to give con

[ opportunitv to frame the issues that areclaimed tocome within the jurisdic

[ ^"

cob9, ph.272

~

x: I Mailed notices of order to attorneys of record 3-30-71 iReceived and entered order on class action signed 3-30-71 cob9, pg. 277-278 Mailed notices of order to attorneys of record

4-5-71

Filed Marshal'sreturn on summons and complaint ex. 3-31-71 by serving H.L. Re

at Parchnan

4-6-71 I Filed motion forrecords on behalf ofDon Earl Hite

4-9-71 IReceived "and placed in jacket file copy of letter from LawClerk to Don Earl

stating that anyrecord would have to beobtained from theClerk orCourt,

he was sentenced.

4-12-71 Filed motion to supplement record with notice ofmotaon 4-15-71 I Filed copy of letter dated 4-13-71 from John Hailman to attys. stating that
I certain natters will be taken up at thepre-trial conference on 4-16-71 at 1

-15-71

I in Aberdeen, Miss.

I Received and entered order signed 4-13-71 directing the clerk to f i l e p e t i t i

on the following named and to send certified copies of order by certified na

to each one

cob 9, pg. 301-302

Filed petition trated asmotion to intervene as additional clsssactionon:

Thot?.as Perrv Werneth, Dwiaht H. Austin, John Henrv Morgan, andLonnie Keith

Mailed notices of order to attorneys of record

4-23-71 4-30-71

RocRived and entered order of severance signed 4-22-71 cob 9, pg. 314-215

Mailed notices of order to attorneys of record

Filed notion to go upon land, inspect premises and photograph r i i e a tfranscrip'c (cookj or conrerence 4/Z2/7T in Aberdeen

Received and entered memorandum order signed 4-30-71

cob 9, pgT 33Tr33"5

Received and entered order signed 4-30-71 with notice to a l l inmates or Miss.

State Penitentiary (Parchman) and copy of request for exclusion rrom Lawsuit

to GC716(a)-K

cob 9, ph. 336-339

Received and entered order signed 4-30-71 with notice to all black inmates or

Miss. State Penitentiary (Parchman) andcopy of request torexclusion rrom is

as co

cob ph. J4U-J4J

5-24-71

Filed request forexclusion from lawsuit byM.L. Holifield, Jr. George Carroll

5-24-71 5-25-71

Robert S. Leigh, Jr. Filed plaintiffs first interrogatories to defendants Filed request forexclusion from lawsuit by all inmates from the following Jerry m i t e r s , LeeC. Smith, John D. Collier, Charles Parker, Antom P. Guere Roy Uarlin, Gary A. Watson, John T. Fargason, Jr., Ruth H. Crosby , Jessie

5-26-71

Elizabeth Jefcoat. MaeBell Dve Bright. Evena GrahamT Clyde James Gsicer, J

aannda J.loohnnnnnyv ww.. jJponn.eess

, ,

,

__

Filed request by the following named for exclusion from lawsuit by all inmate

Tj oyiniyy SJeUxAtLeV^ rJ.,s Hn^einfcr^yJ L...* Wre« lls,' Stev__e_._P^_e-a—rce_,z_Ja—c~k_ie Turner,r Wendell Farmer*, Edm

Eugene Rogers, Perry Thomas Gaines, Jr., Thomas A.West, Charles S» Fogas,

George Pratt, Tommy E. Hudspeth, David Wright, Johnny T. Martin, Oliver Hoste Robert H. Chandler. LeeHardin, Raymond Palmer, Chester Moore, Daniel B. Yed.

William A. Taylor, David L. Henney, Charles C. Chafin, Fancher Howard, Willie

Ecord. Elbert Hutchins. Roy Jones, Everette Waters, Rickey Waldrop, James Han:

Eddie W. Turner. Luther Curtis Carl Canter, III, Willie LeeFoats, Billy F. IU

Ton Stlnage. K.C. Rilev. Wilbert Davis, Eugene Evans (one request was sent in by Billy Shoemake stating that he did notwish for name to be on either list for or against, as some of it is true and some faist he request to remain nutural)

DATE 5-27-71
5-28-71 6/1/71

PROCEEDINGS

Filed request t o r thefollowing named t o be excluded from lawsuit by a l l i n n a t e s f

Percy H a r r i s , O.A.Orman, Curtis Moore, James Roberts, Milton Leroy Davis, John Thonas, Smith, Saul McDonald, Ned P a t r i c k , S r . , Henry Lewis, John Willie Smi

j John 3. Stevson, James Roberson, Homer Lee Smith, Frank T. Wilson, Alfred Radliff

I John Horn, Torrnie Graham, Bernice Goldman, James Capees, W.W. McLaurin, Ira Dell:

I Crump ton, Ji:-nie Hill, A.T. Caples, Robert Earl Allen, Myers Reed, Jerrie Wayne v,' i James L. Robertson, Theopalis Menton,Tommie LeeMurry, Vernon W. Bundy, Jr.," :

j William Smith, Jr., Charles Roy L. Dorsey, Tommy W . McNowel, K.C. Patton,

~~

j Leroy Christr.as, Charlie Dalton, Cortee Neal, Robert Polk, Paul Guilty, Leroy Mat

I Paul (or Bull) Frost, Earnest McDonald, Howard Parrott, Willie Hollins, John Per

) George Silos~Sr., Moran West, Excel Anderson, Willie Smith, James L. Hubbard,

Norris Turner, Virgie Lee Noel, Bell Pelman, H.A. McMillian, George H. Heflin, Jr
| Cliff Wright, Henry Thompson, Charles Evans, Clarence M i l l e r , James L. M i t c h e l l , I Sheman Hays, J r . , Walter G r i f f i n , Joe Grace Howard Cooke, Don Lily,

i Filed request for thefollowing named to be excluded from lawsuit: I wit~lian ? . Habig, Marion L. Upchurch, Ted Ramsey, William Butchee, J r . , Arthur E. jFiled request for exclusion from lawsuit by a l l inmates as follows: 'Samuel 3ovd,James A. Paulus. Ebie Fortenberry, David W. Nichols, J r .

Richardson,—frs

Alderman, gill R.—Corbi

&7T77T
6/2/71
r3-3-71 6-3-71

j.

"Leonard McFair, Donald E. Horton, Floyd Williams, Laurence-

^^

v

^^^ ^—

^— _ w J

m^^

—— —

—

—

r

—

——

W

_i

^^

*

M o b l m A. Page, Jr.,Bob McLemore,David Masie,Clinton McDonaia,Richar

James Pruitt.Nickie Ray Dickins,Buddy Brewer,Roger Dotson,Jimmie Sar

Bobby G, r-r-r;rkgrf Larry J. LeFan . Garland Perkins . Selbv Dixon. Lonnie Jprry.Thrrishpr.Rnqhip T. TVinrnh-i 11 , Bob R a u ; n w = n n TV

Res-molds, Michael

, Joseph- Si—Smith , Roy Wages-,—3-s-r

•Billy 3r

:s- Roy Datsoir;—Charles Raynor, Johnny

j immy

Har tr. e a a,—Tommy Willis smith,Bubby Dicksun,—Rofcrext—tee

McrJilliams, J1 TT Lang, James RoyMiller, cnarles Stewart, Nol

Jack Hughes, Shirl Jones, Anderson Hopkins, Sylvester Craft, Jr., Cl

Miller.Joe Shields, J r . , P h i l H. Likens, Freddie L. Watson, Robert L.

r i yr1<a T.. Rrown, T.. C.. Cxr^nn rV. T.. S m i t h . Samnp.l .qrnith. R i c h a r d J . Frc

jvm jG1 A- Edwards

nr^ Pnnny c't*in':;r>n

put]

,—B-i-H.v—Smith, Lawsen Rice, Jr. .Nolan Sp-ioro, Themas Brooks ,T

•?ar-|/i"s^—EreeTRoy—ttcLY~>—Thoma-s—Campbell^,—Osybea Wlieeler,—Tom Caffea,—tfi

Tree, J . L>T~G£TmeT, and Hoyclay T i l e d motion t o Quash any F u r t h e r Mention o t my Name ay J . D . GTEHET

**

MCTCXon' ' '

'

FFiilleedd mmoottiioonn tt ooQQuuaasshh aannyy fFuurrtthheerr mttKEP moefntmiyonNaomte mbyy nRaOmYe CbLAyYMONRC

Filed the following request for exclusion from lawsuit by all inmat

*M* onroe; Yates,

Willie E. Wrencher. Freddie Lee Alexander, Chesley Wh __!*"**

^m

9 W--~.

T_ —

^M

^ T * ^ » _ . _^ T _

^ ^ «-A

^l L « ^ ^ # ^ I y—fc • 9 ^*»Tl *

.qtoes. R. R wmiatns. T.oujq Charles Younc,
it k M w r^ n ir t t-LT
Jttooggeerrss,, David Saulsberrv.Marv Haavvss. Hallie W. Jefferson. Robert Ran Eileen Chhadndl ler, Rev. Joe Loui is RRiials (unsigned),

Filed request for exclusion from lawsuit by a l l inmates: Thomas L. Galle. Robert

Rcceiyed_and entered order signo.d fi-^-71 a1iiv.Tin<> ^h,

fnr

^n

.nn

B<L^d J*:OU,ns b e i n ^ treated as a motion to intervene copies of petition and order was sent to a t t v s . ar.

^J^.VJ^SL.~^A^

CIVIL DOCKET GC715-B

OCEEDINGS

CLERK'S FEES

PLAINTIFF

DEFENDANT

AMOU: REPORTE EMOLUK
RETUR

6-14-71

Filed reauest forexclusiong from lawsuity byblack inmates: Claudies Shinall, James H. Ronsom, Profit Gould, Ed Lewis, Bobby Founds,
David F. Baylor, Lee Oscar Smith, Lewis, Field, Freddi Lee Hardley, Horace Carter, Tommy Lee Lord, Nathaniel Elvery, Eddie Dbtsonj Luke Eupc^rt, Robert Spear, Charles Houston, Otha B. Thomas, Earl LeeMett, Sander Lee Hall, Booker T. Thomas, Linard (?) Jones, Hopping, Covington, Manuel Davis, Easkline Ford, Michael R. Jones, Dennis Pratt

6-16-71 Filed reauest forexclusion from lawsuity by black inmates: DaisyLee Smith

6-18-71 Filed request forexclusion from lawsuit bv black inmatiess::MMary Smith.

Ruthis MaeJackson, Georgia M. F r a z i e r , Wisteria M. Signal, Lilicy ?ilae Brown

6/22/71 Filed request forelusion from lawsuit by blac> inmates:

Brenda KayGamble, Ludie Brown, Annie Reatne COburnL LeeI d a w a s h ,

:uLL, l i t

M

ITlaye

Mar1/

Cook

6-23-71 Filed request forex&lusion from Lawsuity byBlack Inmates: a n Hollands

6-24-71 Filed request for exclusion from lawsuit- by Black Inma:es: Walter D. S hie ds

and James Miller

6-25-71 Filed request, forexclusion from lawsuit byblack inmatus: Jo2 Loiis Ma inir g 6-28-71 Filed request for exclusion from lawsuity by black inmat is: Viciet Brown (un; igned

attached envelope)

6-30-71

Filed request forexclusion from lawsuit byblack inmates: W Llli i Scot Eddie Lee, Joe Louis Paige, Willie Pames Stewart, Willie C. i t c i e n , W Llli Foreman, Anthony Hogue, J r . , Johnny Tillman, Willie McCoy,G sorg > Seal is,

Walter James Lee, Eugene A. Cockrell, Leonard Lack, ohn H Pa m e , rdsqph McNa

F.J. Clark, Henry Washington, Annie L. Depriest, (this was at:ach ;dto ;C7l)6(a))

Willie Anthony, John W. Bardwill
7-1-71 Filed request forexclusion from lawsuity byblack inmates: G is Hampton Jr

7-13-71 Filed reauest forexclusion from lawsuity byblack inmate: Johh Wobdall 7-22-71 Filed reques t forexclusion from lawsuity by black inmate: E idie

Filed "

ArronV. inters

Filed reauest forexclusionc from lawsuity byblack inmates: TomH. Jones

D. C. 310 Rev. C'.vtl Docket Continuation

GC716(a)-K

DATE

PROCEEDINGS

-i-71

Filed request for exclusion from lawsuity by a l l inmates: Henderson Jackson, R o b e r t A - Welctw M i t l u t e l J . C u a t s (?) , Q . B . H d
"[" V; i 11i e "\>l~. Taylor, Leroy Davis, jimmy u a l e tmrnham, R u s s e l l (J. j_C1avton Reed,Edgar Randle, James P. Breland, Sidney Josepn,Kennei

o74/7L
6-7-71 6-8-71 3-9-71 6-9-71 o/ L

i_Rowe.s£ _12L,

,

.

^

I[fEunrttehreerd moerndteironsiogfnendambey Judge Ready b/3/71 sustCaOiBni9n,g pm.o4ti0o8n to*q

'Hailed notice of entry of order to counsel I Filed request for exclusion from lawsuity by all inmates: William Shirley, Jes

j Ho llo'./ay," James A. Phillips, Milton J. McClendon, Jr., Henry Henderson

j Filed request for exclusion from lawsuity by all inmates: Ervin King, George 1 James Gulnn

I Filed rqquest for exclusion fron lawsuitv bv a l l inmates: Eddie L . , J o n e s ,

i Cleveland Lee. Joe Jones, J r . i Received copy of l e t t e r to Roy Haber from John Hailman concerning views regar

I the three-judge issues

.

I F i l e d Request for Exclusion From Lawsuit By All Inmates as roiioT

"i Eddie T r e l o a r , David Abt,Roland T. E z e l l e , I I I , Larry N. Lucas,Ri

_i_E.G.rgasrv, m e S. L i t t l e p a g e . Dennis P r a t t , James H. Ronsons, Pro

Lewis. Bobby Rounds, David Baylor, Henrv Wilson S t r i c k l a n d ,

jim q i a c k w e l l . J . W. Johnson, James R. Gregory, Lee Oscar Smith,

F i e l d s ~ Vernon Murphree, J r . , Narel Lee Dash ( ? ) , Thomas Causey

j Thomas A.. T a r r a n t s , I I I , A l b e r t Lepold, Gerald H. I r v i n g , J r . , p:

I Gerfate~s, Burl Thomas Rouse, Qaudies S h i n a l l , W i l l i e C a p l e r , Fre*

I son, John M. Bond, Thomas Bowers, James H. Hipps, J r . , Arr.on L.

1 D i l i . Henry F. Harper. J r . , Ralph Lambert, B i l l y Cruse, Joseph

L-Lcaiu T^hn c p w n . ,Tr.r F r e d d i e T.&e Hardley. Hortcer C a r t e r , To:

^i-v^n-i PI Klvsry, Eddie notson. Luke Evans, Robert S p e a r s ,

c,av-fe-©n, Charles D. Hous^on. n-n-ia P. Thfunaq, Tr^ri T,ee M i t t s . ^poker1 T. Thomas, Lenwood jonoc,—Hopkins—&rringtnn,—B-LLL

,\•I,

tii L

Manuel Davis ^jZaaklina Tord and i^

6-16-71 I Filed request for exclusion from lawsuit by all inmates Paul R. McKinnay,

Daisv Lee Smith

6-13-71 Filed request for exclusion from lawsuity by all inmates: Georgia M. Frazier,

\

Ruthie M.ie Jackson, W i s t e r i a M. Signal, Lucy Mae Brm^n, Frank Loper

;-21-71 | Filed request for exclusion from lawsuity by a l l inmates: King W. GilTiam,

. 1 Rov Cathon, and Horace E. Thompson

6-21-71 Received conv of letter dated 6-18-71 setting pretrial conference in Greenvil

O / 2 2 / 7 T Fitca^reqiiest t o ? exclusion trom lawsuit by all inmates as foil; Hershel E Walker, Cecil Rogers, Brenda Kay Gamble, Bernice cole

Bennie Lee Donaldson, Annie Reathe Coburn, Ella Scott, James El

_6-23-7l .6-23-71

1f np

Tyson Mary Frances Thomas . Addie Mae Cook

Filed request for exclusion from lawsuity by all inmates: Marie Hollinds

Filed request for exclusion from lawsuit by all inmates: Vinet Brown

6-29-71 •-30-71

Filed request for exclusion from lawsuity by all inmates: James H. Palmer Filed request for exclusion from lawsuit by all inmates: John W. Bardwell, Bu Pmitt, Willie Anthony (was notsigned butattached to GC716-B) Annie L. Pop Gloria Jean Armstrong, (signed twice) J.C. Donahue, John H. Payne, Joseph He F/J. Clark, Henrv Washington, Eugene A. Cockrell, Henry Doss, Melvin Scott, Ed

Jilljg Panes Stewart, Willie C. Kitchen. Willie Foreman, Anthonv Hoque,Jr.,
Johnny Tillman, Willie McCoy, George Scales, Johnnie Robinson 7-1-71 I Filed request forexclusion fron lawsuitv bv all inmates: Gus Hampton, Jr. __3/24/7j jEntered order signed by Juage Keaay compelling answer to

ISaid Mailed notice to counsel o£ entry

o xcr,

a

DATE

PROCEEDINGS

7-13-7L

Filed motion to compel answers to pltfs. first interrogatories to defts.and motion for attorneys fees

Filed notice of motion 7-16-71 Filed -:otion for temporary restraining order 7-22-71 ! Filed reouest for exclusion from lawsuity by all imates: Eddie Williams

7-23-71 Filed

Arron Winters,Jr.

7-27-71 !Filed Letter from LawClerk to counsel setting Motion Day for 8-23-71 in

i Greenville.

7-30-71 ' Filed Pltfs' Request to' Photograph & Inspect Premises.

^ ^ ^b ^ » ^ A

^ 4lto V * ^fc • *

k ^ ^ ^ ^¥* * ^ ^ " ^ ^ ^

~ ^ -^

— ^ *" —

^ L-J ^ ^ ' t—

^

^™ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^™

^ ^ " ' ^ - • • • ^ ^H ^» « » ^V W

7-29-71 E n t e r e d O r d e r d e n v i n o p r e l i m i n a r y i n j u n c t i o n , s i o n e d b y J u d g e

o n 7 - 2 7 - 7 1 . i n C O S 1 0 . n a o e 8 ( a ) Notice n f ontrv m a i i p c i .

7-29-71 i Placed Courtroom sheets i n.jacket f i l e , a n d Exhibit sheet.

^
SmitF I
[

8-9-71 I Filed pltfs...supplemental motion to compel answers to pltfs. first interrogator!-

I to defts. with notice of motion

.

I

8-6-71 1-13-71

' Filed letter cancelling hearing set on 8-24-71 and setting the hearing for 8-23-7

at 2 P.M. in Greenville

Received copy of letter to Judge Keady from Rov Haber concerning case and changes

! to be aada in Penitentiary

i_

! Received copy of letter to attorneys from Law Clerk concerning conference to |

j be held on August 23

|

8-19-71 | Filed request: for exclusion from lawsuit by all inmates: Dwight H. Austin — |

8-20-71 3-23-71
8-23-71

! Filed r.otion to intervene bv USA Filed petition for writ of habeas corpus on Kenneth Ray Simmons Received and entered order signed 8-23-71 granting motion of USA to intervene cob C O P V of order handed to all attorneys - no notice sent Filed application for an order to take depositions

Received and entered order signed 8-23-71 allowing the pltf.-intervenor leave to

take depositions

cob 10, pg. 66

Copy of order given to all attorneys - no notice sent

8/24/71 ! Filed Certificate of Thomas D. Cook respecting MSU

Filed Certificate of James E. Upchurch, Dietician

Fi 1 ed Affidavit of Certain Inmates (Titled "Statement)' 8-30-71 ) Filed pltfs. second interrogatories to defendants

9-2-71 9-13-71

Filed statement of cruel and inhuman treatment by Alton Wood Received memorandum of lawof the U.S. (mailed to Judge Keady - Aberdeen)

9-17-71 Filed notice of taking depositions at Oxford on 9-16-71 on the following named:

Thomas D. Cook. Jack Bvers. B.C. Ruth and Sgt. Danny Thomas' 9-21-71 Filed Marshal's return on service of deposition spa, .to produce documents Es.
on 9-20-71 by serving B.C. Ruth, Sgt. Danny Thomas, Thomas D. Cook, & Jack Byaiji

10-7-71 Filed writ of habeas corpus formedical treatment on behalf of Johnny Wayne West U-10-71 Filed motion fororder to confer with inmates TomH. Jones and J.D. Gilmore with

nootciiccee oofr mmuoctiiuonn U-17-71 Filed petition for writ of habeas corpus on behalf of Billy Joe Albritton 11-22-71 Filed petition for writ of habeas corpus on behalf of Bobby J. Fabian

U-26-71
12-7-71
12/8/71
-10-71

Filtvl

fr r—wr-4rt ot habeas ccoorrppuuas on Cobby Joerabian TtJ.1rritn-h PpmmiiPpeprr aarfrfiiodaavviit

Received and entered order signed 12-^-71"allowing the petitioner Bobbv J. Fabian

.£J2_

his petition for writ of habeas rnrpiis (petition was filed on 11-22-711)

cob 10. pg. 298

Received letter dated 12/7/71 from Mary Guvton to counsel setting

hearing on .Tannary 25. 1972 at .9 AM

Mailed notice of evidentiary hearing in Greenville,Miss. at 9 AM

on January 25, 1972, to all counsel of record

Filed peettiittiioonn ffoorr wwrriitt ooff habeas corrppuurr. oonn IIssssaac RReenno GGaatteewwood

.

oruer ¥y courtroom deputy clerk dated 12-13-71 setting ppretrial conferenct: will be on Dec. 21, 1971 at 10 A.M. in Greenville - case is calenedared for f fl Tufl evidentiary hearing on May 15, 1972at 9 A.M.

CIVIL DOCKET

GC716(a)-K

FILINGS—PROCEEDINGS

CLfRK'S FEES PLAINTIFF

12-16-71; Filed motion fororder to conduct psychological examinations

on Thomas D. Cook with notice of motion

AMOUm REPORTED EMOLUME:
RETURN:

12/28/71! Entered order directing Cleric to file ptition of John Henry" Morgan & Geraid

'•—

•T •

•i —

i

—I

I

!

Joseph Novacelc as a motion to intervene signed by Judge Keady 12/^8/71 COB 10, p

Filed Petition as Motion to Intervene of John Henry Morgan and Gerald Joseph Novaee

Mailed notice of entry of order to counsel
1/14/72'Mailed notice of hearing in Greenville 1/25/72 kt 9:00 1-14-72 ! Filed motion to conduct medical examination to en/utpeorn jremis es
with notice of motion

1-14-72 I Filed petition for issuance ofwrit of habeas corpus on behalfof BobbyJoe Fabian

Filed petition for issuance ofwrit of habeas corpus on behalf of James idward NapL Filed petition for issuance of the writ of habeas corpus on behalf of James Edward I

Napier and Bobby Joe Fabian

Received and entered order signed 1-14-72 allowing the petitioner talmadbe

0'Ferrall Rogers as a motion to intervene cob 10, pg.351
Filed petition ofTalmadge O'Ferral Rogers as a motion tc > intervene

Filednotice of order and mailed to all concerned 1-17-72 Filed petition for writ of habeas corpus (cruel and inhuman treatment) as tlo

Gerald Joseph Novacek 1-24-72 Filed petition for writ of habeas corpus on behalf of Bobby Jc e F ibian nd

1-31-72
2/1/72
2-2-72

Richard McCrarv

Received coov of letter to Roy Haber from Judge Keadv dated 1- 31- 72 statin? that his letter will ber1 used as a voluntary withdraw* 1 o h i s motion to order psychological examinations of certain penitentiar • employees Filed Marshal's return on deposition subpoena ofiWm. Be rel Hsokins
Edward E. S iorv Willis Edwa : d rasev

axd

uad_

Kenhet:i Bacr>7el

C. all served bv Wm. H. Cook on January 28. 1972

3reaz

Received and entered order signed 2-2-72 allowing thepetition of Curti L.
Jennings to be filed as a motion to intervene cob 10,PS- 4 95

Filed petition for writ of habeas corpus on behalf ofCtrtis ].. Jnnin?

.inrl entered order signed 2-2-72 allowing ths pftitioi

Young to be filed as a motion to intervene

cob 10, j

Filed petition for writ of habeas corpus
Mailed notice^/ of order to attornva and netitii
!>• C. 110

Will! •m Ebyd

Proceedings include all events.

4:71cv6

Gates, et al v. Cook, et al

LEAD

3/7/96

NOTICE of address change: MDOC #32154, Unit 3 2 B,

Parchman, MS 38738 by Joseph Wright (fee) [4:71cv6]

1983

3/11/96

USCA Case Number Re: [107-1] appeal by Joseph Wright USCA NUMBER: 96-60125 (fee) [4:71cv6]

3/12/96 --

NOTICE of CANCELLATION of Status Conference set for 3/11/96 (fee) [4:71cv6]

3/22/96 110

NOTICE OF WITHDRAWAL OF APPEAL by Joseph Wright (USCA No. 96-60125) [Note: Cert. Copy of Notice and Updated Docket Sheets mailed to USCA] (fee) [Edit date 03/29/96] [4:71cv6]

3/29/96 --

Status Conference set at 10:30 4/10/96 Aberdeen before Chief Judge L. T. Senter Jr. (fee) [4:71cv6]

3/29/96 111

ORDER granting [102-1] motion to Proceed in Forma Pauperis in his appeal ( signed by Chief Judge L. T. Senter Jr. on 3/26/96) Date of Entry: 3/29/96 [Note: Cert. Copy of Order and Updated Docket Sheets mailed to USCA (fee) [Edit date 03/29/96] [4:71cv6]

4/11/96 112

CIVIL MINUTES for: Status Conference held 4/10/96, Court Reporter: James A. Moody; Status conference held on conditions of Miss, prison system. Plaintiffs and defendants submitted updated reports to the court on progress made at Parchman and other facilities, (fee) [4:71cv6]

4/11/96 --

Status Conference on conditions of Miss, prison system held on 4/10/96 before Chief Judge L. T. Senter Jr. (fee) [4:71cv6]

4/19/96 113

Letter Response dtd 4/18/96 by Ronald Reid Welch, prisoner plaintiff class counsel, in response to Magistrate Judge Eugene M. Bogen's order of 3/7/96 in Ervin Latham vs. Steve Puckett, et al No. 4:95cv258-D-B, as to conditions of confinement at Parchman (fee) [4:71cv6]

4/19/96 114

PLAINTIFF'S CLASS COUNSEL, Ronald Reid Welch, Report to the Court on Status of All Pending Prison Law Library and Access to the Courts Pre Se Cases, Complaints, and Issues (stating his intention to hold in abeyance the investigation and prosecution of all MDOC law library and related access-to-the-courts complaints, issues, etc...until after the U.S.Supreme Court announces its forthcoming decision at point) (fee) [4:71cv6]

5/13/96

NOTICE of Docketing Supplemental ROA from USCA Re: [107-1] appeal by Joseph Wright USCA Number: 95-60763 and 96-60125 (fee) [4:71cv6]

Docket as of February 2, 1998 11:07 am

Page 15

Proceedings include all events.

4:71cv6 5/14/96

Gates, et al v. Cook, et al

1983

LEAD

115

JUDGMENT OF USCA (certified copy) dismissing the appeal

pursuant to motion of appellant, Rule 42, FRAP, and Rule

42.1 of this court. (signed by the Clerk, USCA, on 5/9/96

Re: [107-1] appeal by Joseph Wright (fee)

[Entry date 05/15/96] [4:71cv6]

5/14/96

Record on Appeal returned from U.S. Court of Appeals: [107-1] appeal (fee) [Entry date 05/15/96] [4:71cv6]

5/29/96

Duplicate letters with exhibits attached dated 5/28/96, from inmates at MDOC concerning conditions of confinement. (referred to Chief Judge Senter) re: Frank Jackson #30892, Christopher Gates #59224, Jessie Leflore #A34129, Leslie Wright #83067, Andre' Burt #82405, Frank Coleman #22802, Kensey Jones #87613, Cyrus Davis #59903, Keno J. Harris #83016, Charles Smith #83359, Terrence Gaines #04324, (fee) [4 :71cv6]

6/3/96

Duplicate letters dtd 5/28/96, from inmates at MDOC concerning conditions of confinement, referred to Chief Judge Senter. re: Shanta Jones #81880, Keith A. Green #K37206, Jerry Long #81871, Darryl Collins #25669, Ronny Nunnally A97276, Antonio Newson #40633, Eddie Hartfield #20232, George R. Anthony #A35977, John Cooper #82506, Marcus Martinez #77731, Floyd Riley #38753, Stanley Abrams, #A59496; Jeffery Rogers #39945, Olester Towner #C36073, Larry Jackson #36762, Alexander Bailey #13911, David Hester #43098 (all assigned to Unit 23, Parchman, MS 38738) (fee) [4:71cv6]

7/1/96 117

JUDGMENT OF USCA (certified copy) dismissing appeal under Local Rule 42.3, for want of prosecution for failure to file brief w/i the time fixed by the rules, (signed by Clerk, USCA/5th Cir. on 6/28/96 Re: [100-1] appeal by Kenneth R. Fuller (fee) [Entry date 07/02/96] [4:71cv6]

7/1/96

Record on Appeal returned from U.S. Court of Appeals: [100-1] appeal of Kenneth R. Fuller (fee) [Entry date 07/02/96] [4:71cv6]

7/18/96 118

MOTION by Ronnie Smith to Dismiss Voluntarily re: PSP-4 ifee) [4 :71cv6]

7/19/96 119

MOTION by Arthur Nickens to Intervene in this case for the protection of their interests by All Inmate Writ Writers for Units 29, 30 and 32 (fee) [Entry date 07/22/96] [4:71cv6]

7/23/96 --

Letter of inquiry dtd 7/16/96, from Lee Mason for information as to what case he has pending referred to Pro Se Clerk re: Notice to Prisoners Filing Complaints (fee) [4:71cv6]

Docket as of February 2, 1998 11:07 am

Page 16

Proceedings include all events.

4:71cv6

Gates, et al v. Cook, et al

LEAD

7/23/96 120

MOTION by David Clay to Dismiss Voluntarily without

prejudice (PSP-4 signed 7/17/96) (fee) [4:71cv6]

1983

7/24/96 121

ORDER granting [118-1] motion to Dismiss Voluntarily without prejudice re: PSP-4 ( signed by Magistrate Judge Eugene M. Bogen on 7/22/96) Date of Entry: 7/24/96 (fee) [4 :71cv6]

7/26/96 122

ORDER granting [120-1] motion to Dismiss Voluntarily without prejudice (PSP-4 signed 7/17/96) ( signed by Magistrate Judge Jerry A. Davis on 7/24/96) Date of Entry: 7/26/96 (fee) [4:71cv6]

7/30/96 123

ORDER APPROVING HARRISON COUNTY FOR THE HOUSING OF STATE PRISONERS ( signed by Chief Judge L. T. Senter Jr. on 7/30/96) Date of Entry: 7/31/96 (fee) [Entry date 07/31/96] [4:71cv6]

9/13/96 124

PLAINTIFFS' MOTION by and through class counsel for order directing defendants to maintain 'status quo' in existing, court-ordered, law-library/writ-writer system of access to courts unless/until prior, court-ordered approval is obtained (fee) [Edit date 09/13/96] [4:71cv6]

9/16/96 125

NOTICE/MOTION of plaintiffs by and through class counsel for Order directing defendants to Show Cause why they should not be held in contempt of the AGREED ORDER of 09/23/94 (fee) [4:71cv6]

9/20/96 126

ORDER on joint ore tenus motion of the parties, (1) declaring final and complete awards, all interim awards made to date since this court's prior Order filed 6/28/95, and pursuant to the prior fees Order filed 4/17/87, as paid, for the month preceeding each such payment, up to and including the first monthly payment due under said Paragraph 1 after the date of this order; (2) directing that dfts shall have no further obligation or duty pur. to Para. 1 or 2 of said prior 4/17/87, Order to pay any fees for the priod to day beyond that already paid, and plas' Counsel, likewise, shall have no obligation or duty pur. to Para. 2 of the Order, supra, to file any motion, application, etc. with respect to Para. 1 payments now declared final and complete; (3) directing that dfts shall continue to pay plas' attorney Welch an award of fees on/before the first day of each suceeding month after the date of this order in the amount of $4,584.00, etc. ( signed by Chief Judge L. T. Senter Jr. on 9/9/96) Date of Entry: 9/20/96 (fee) [4:71cv6]

11/27/96 127

ORDER, Approving Scott County For the Housing of State Prisoners for a period of one year from the date of this order ( signed by Chief Judge L. T. Senter Jr. on 11/26/96) COB # 78 pg. 204-208 Date of Entry: 11/27/96 (jta) [4:71cv6]

Docket as of February 2, 1998 11:07 am

Page 17

Proceedings include all events.

4:71cv6

Gates, et al v. Cook, et al

1983 LEAD

1/2/97

ACKNOWLEDGEMENT OF RECEIPT by Otis Fairley to [127-1] order Approving Scott County For the Housing of State Prisoners for a period of one year from the date of this order (fee) [Entry date 01/03/97] [4:71cv6]

1/15/97 128

OBJECTION of Plaintiffs' Counsel to Final Approval of Harrison County for the Housing of State Inmates Re: [123-1] order (fee) [4:71cv6]

2/21/97 129

MOTION by Kirk Fordice, et al for New Inmate Access to the Court Program (fee) [Edit date 03/05/97] [4:71cv6]

3/5/97 130

MOTION by Plaintiffs to Hold in Abeyance [129-1] motion by Defendants for New Inmate Access to the Court Program (fee) [Edit date 03/05/97] [4:71cv6]

3/5/97 131

CORRECTED SUBSTITUTE MOTION by Plaintiffs to Holdin Abeyance [12 9-1] Defendants' motion for New Inmate Access to the Court Program (fee) [Edit date 03/05/97] [4:71cv6]

3/20/97 132

NOTICE of Disapproval of Harrison County for the Housing of State Inmates by Ronald Reid Welch, attorney for plaintiffs (fee) [4:71cv6]

A/1/91 133

AGREED LOCAL JAILS ORDER OF 199 7 on ore tenus motion of the parties to update the Order regarding use of local jails for incarceration of State Prisoners filed 11/6/81, and Order filed 9/20/96 so as to reflect changed circumstances of the present. (signed by Chief Judge L. T. Senter Jr. on 4/04/97) Date of Entry: A/01/31 (fee) [4:71cv6]

A/22/91 134

DEFENDANTS'RESPONSE to [131-1] motion to Hold in Abeyance [129-1] Defendants' motion for New Inmate Access to the Court Program (fee) [4:71cv6]

5/2/97 135

AGREED ORDER approving Hinds County Penal Farm for the Housing of State Prisioners (signed by Chief Judge L.T. Senter Jr. on 5/01/97) COB # 79 pg. 206-212 Date of Entry. 5/02/97 (fee) [4:71cv6]

5/2/97 136

AGREED ORDER Approving New Clay County Jail for the Housing of State Prisoners (signed by Chief Judge L. T. Senter Jr. on 5/01/97) COB # 79 pg. 213-218 Date of Entry: 5/02/97 (fee) [4:71cv6]

5/2/97 137

AGREED ORDER Approving New Calhoun County Jail for the Housing of State Prisoners. (signed by Chief Judge L.T. Senter Jr. on 5/01/97) COB # 79 pg. 219-224 Date of Entry:
5/02/97 (fee) [4:71cv6]

Docket as of February 2, 1998 11:07 am

Page 18

Proceedings include all events.

4:71cv6

Gates, et al v. Cook, et al

1983

5/5/97

LEAD
Motion hearing re: [12 9-1] motion for New Inmate Access to the Court Program set at 1:30 5/22/97 Location:

Greenville before Chief Judge L. T. Senter Jr. (fee)

[4:71cv6]

5/14/97 --

RENOTICE of Hearing:, Motion Hearing set for 10:00 5/22/97 for [129-1] motion for New Inmate Access to the Court Program Location: Greenville before Chief Judge L. T. Senter Jr. (fee) [4:71cv6]

5/14/97 138

PLAINTIFFS' OBJECTIONS Re: [134-1] motion response (fee) [4:71cv6]

5/15/97 139

ORDER to proceed with the motion hearing set for 10:00 a.m. on 5/22/97, Greenville, directing the clerk of the court to issue WHCAT to deliver Phillip Stokes, Arthur Wildee, Jarvious Cotton, Charlie Daniels, and Daries Mitchell for the hearing and return to MDOC. ( signed by Chief Judge L. T. Senter Jr. on 5/14/97) Date of Entry: 5/15/97 (fee) [4 :71cv6]

5/15/97

WRIT of HCAT issued 5/14/97 to produce inmates Phillip Stokes, Arthur Wildee, Jarvious Cotton, Charlie Daniels, and Daries Mitchell for motion hearing set for 5/22/97, G'ville. (fee) [4:71cv6]

5/23/97 140

CIVIL MINUTES for: Hearing on Motion of Dfts for New Inmate Access to the Court; Court Reporter: James A. Moody; Court held hearing on motion of dfts for new inmate access to the court. Oral motions of plas to dismiss motion for new inmate access and oral motion of plas to make more certain. ALL MOTIONS WERE TAKEN UNDER ADVISEMENT. COURT ORALLY ORDERED that pleadings received by inmates for filing in this case are not to be filed but kept with the file, (fee) [4:71cv6]

5/23/97

Motion hearing held re: [129-1] motion for New Inmate Access to the Court Program (fee) [4:71cv6]

5/23/97

Pursuant to Court's oral order during Motion hearing of 5/22/97, the pleadings received by inmates for filing in this cause are not to be filed but retaining with the file under separate cover. (Documents placed in an accordian file, marked accordingly) re: Doc#140 (fee) [4:71cv6]

5/23/97 141

Exhibit and Witness list of plas and dfts in Motion Hearing held 5/22/97 (Exhibits placed in a brown envelope with the file and marked accordingly) (fee) [4:71cv6]

6/9/97 142

POST HEARING RESPONSE AND AUTHORITIES by Plaintiffs' Counsel in opposition to [129-1] motion for New Inmate Access to the Court Program (fee) [4:71cv6]

Docket as of February 2, 1998 11:07 am

Page 19

Proceedings include all events.

4:71cv6

Gates, et al v. Cook, et al

1983

LEAD

6/17/97 143

DEFENDANTS' REPLY to Plaintiffs' Post-Hearing Response and

Authorities in Opposition to [129-1] motion for New Inmate

Access to the Court Program (fee) [4:71cv6]

7/23/97 144

MOTION by Arthur Nickens and Curtis Antonio Way (on behalf of Class Members') for further relief or for Intervention or alternative, for Writ of Mandamus for Enforcement of Decree by Arthur Nickens and Curtis Antonio Way (fee) [Edit date 08/04/97] [4:71cv6]

8/4/97 145

ORDER denying [144-1] motion for further relief or for Intervention or alternative, for Writ of Mandamus for Enforcement of Decree by Arthur Nickens and Curtis Antonio Way ( signed by Chief Judge L. T. Senter Jr. on 8/01/97) COB # 80 pg. 96-98 Date of Entry: 8/04/97 (fee) [4:71cv6]

8/4/97 146

AGREED ORDER on joint ore tenus motion of dfts and plas, approving New Madison County Jail for the Housing of State Prisoners. ( signed by Chief Judge L. T. Senter Jr. on 8/01/97) COB # 80 pg. 91-95 Date of Entry: 8/04/97 (fee) [4:71cv6]

8/12/97 --

ACKNOWLEDGEMENT OF RECEIPT by Arthur Nickens DO NOT FILE to [145-1] order (fee) [4:71cv6]

8/12/97 147

MOTION by Arthur Nickens, Curtis Antonio Way to Amend [145-1] order (fee) [4:71cv6]

8/15/97 148

ORDER denying [147-1] motion to Amend [145-1] order ( signed by Chief Judge L. T. Senter Jr. on 8/12/97) COB # 80 pg. 133 Date of Entry: 8/18/97 (fee) [Entry date 08/18/97] [4:71cv6]

8/25/97 149

ORDER on joint ore tenus motion of the parties, approving Harrison County Work Center for the Housing of 100 State Prisoners. ( signed by Chief Judge L. T. Senter Jr. on 8/21/97) COB # 80 pg. 137-139 Date of Entry: 8/25/97 (fee) [4:71cv6]

8/25/97 150

MOTION by Dayral T. Nathan for Preliminary Injunction (fee) [4:71cv6]

8/28/97 151

NOTICE OF INTERLOCUTORY APPEAL of [145-1] order by Arthur Nickens DO NOT FILE, Curtis Antonio Way (fee) [4:71cv6]

8/28/97 --

Notice of Interlocutory Appeal and certified copy of docket to USCA: Doc.#151 (fee) [4:71cv6]

9/11/97 152

ORDER denying [150-1] motion for Preliminary Injunction ( signed by Chief Judge L. T. Senter Jr. on 9/10/97) COB # 80 pg. 155-157 Date of Entry: 9/11/97 (fee) [4:71cv6]

Docket as of February 2, 1998 11:07 am

Page 2 0

Proceedings include all events.

4:71cv6

Gates, et al v. Cook, et al

1983 LEAD

9/16/97 --

USCA Case Number Re: Doc.#151; USCA NUMBER: 97-60616 (fee)

[4:71cv6]

9/22/97 153

ORDER granting [129-1] motion for New Inmate Access to the Court Program, superseding, altering, and amending all prior orders of this court, pertaining to access to the court, to-wit: (1) adopting MDOC procedure for inmate access to the court as contained in Exhibit 1 to this order, (2) directing dfts to furnish a semiannual report to the court regarding tne newly instituted program, (3) directing a copy of this semiannual report be provided to plas' class counsel who shall file w/i 3 0 da. his report to the court concerning the adequacy of the program, etc., (4) directing dfts to be vigilant in their efforts to assure special assistance to illiterate and functionally illiterate inmates, (5) reserving the right to supersede, amend, or supplement this order on 5 da. notice to either party if this court perceives the newly instituted system is denying meaningful access to the courts of meritorious claims of the inmates ( signed by Chief Judge L. T. Senter Jr. on 9/18/97) COB # 80 pg. 193-211 Date of Entry: 9/22/97 (fee) [4:71cv6]

9/30/97 154

ORDER on joint ore tenus motion of defendants and plaintiffs approving Jefferson County Regional Correctional Facility for the Housing of Additional State Prisoners ( signed by Chief Judge L. T. Senter Jr. on 9/29/97) COB # 80 pg. 218-222 Date of Entry: 9/30/97 (fee) [4:71cv6]

9/30/97 155

ORDER on joint ore tenus motion of defendants and plaintiffs approving the Webster County Jail for the Housing of Additional State Prisoners ( signed by Chief Judge L. T. Senter Jr. on 9/29/97) COB # 80 pg. 223-226 Date of Entry: 9/30/97 (fee) [4:71cv6]

9/30/97 156

ORDER on joint ore tenus motion of defendants and plaintiffs approving Issaquena County Regional Correctional Facility for the Housing of Additional State Prisoners ( signed by Chief Judge L. T. Senter Jr. on 9/29/97) COB # 80 pg. 227-231 Date of Entry: 9/30/97 (fee) [Edit date 10/01/97] [4:71cv6]

9/30/97 157

ORDER on joint ore tenus motion of defendants and plaintiffs approving the New Coahoma County Jail for the Housing of Additional State Prisoners ( signed by Chief Judge L. T. Senter Jr. on 9/29/97) COB # 80 pg. 232-235 Date of Entry: 9/30/97 (fee) [4:71cv6]

Docket as of February 2, 1998 11:07 am

Page 21

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4:71cv6

Gates, et al v. Cook, et al

1983

10/7/97 158

LEAD
PLAS' RULE 59 MOTION to Alter or Amend [153-1] order superseding, altering, and amending all prior orders of

this court, pertaining to access to the court, to-wit: (1)

adopting MDOC procedure for inmate access to the court as

contained in Exhibit 1 to this order, (2) directing dfts to furnish a semiannual report to the court regarding tne newly instituted program, (3) directing a copy of this

semiannual report be provided to plas' class counsel who

shall file w/i 30 da. his report to the court concerning

the adequacy of the program, etc., (4) directing dfts to be vigilant in their efforts to assure special assistance to illiterate and functionally illiterate inmates, (5)

reserving the right to supersede, amend, or supplement this

order on 5 da. notice to either party if this court

perceives the newly instituted system is denying meaningful access to the courts of meritorious claims of the inmates (fee) [4:71cv6]

10/9/97 159

FIRST VERIFIED NOTICE/MOTION for Attorney's Fees Judgment on the Pleadings, for Related, Supplemental Relief, and Brief in Support in cause no. 4:73cv76-S-D (fee) [4:71cv6]

10/14/97 --

NOTICE of Additional Attorney Affidavit filing to Exhibit A of Plas' 1st Verified Motion for Atty's Fees Judgment on the Pleadings dtd 10/8/97, of William F. Winter by Plaintiffs (fee) [Edit date 10/15/97] [4:71cv6]

10/14/97 160

AFFIDAVIT OF WILLIAM F. WINTER as a Supplement to Exhibit "A" Re: [159-1] motion for Attorney's Fees Judgment on the Pleadings, for Related, Supplemental Relief, and Brief in Support in cause no. 4:73cv76-S-D (fee) [Edit date 10/15/97] [4:71cv6]

10/17/97 161

MOTION by dfts Kirk Fordice, et al, and James Anderson, et al to Extend Time to Respond to Plas' Rule 59 Motion to Alter or Amend Order Approving New Inmate Access to the Court Program and Brief in Support, (and) to Plas' 1st Verified Motion for Atty's Fees Judgment on the Pleadings, et al (fee) [4:71cv6]

10/17/97 --

Letter dtd 10/15/97, from inmate John P. Alexander #30021, Unit 24 Ext., Parchman, MS 38738, requesting copy of Order dtd 9/18/97, referred to MDOC Staff Atty who (according to Alexander) distributed the order at Parchman (fee) [4:71cv6]

10/21/97 162

ORDER on joint ore tenus motion of dfts and plas APPROVING the Pike County Jail for the Housing of Additional State Prisoners ( signed by Chief Judge L. T. Senter Jr. on 10/20/97) COB # 80 pg. 255-259 Date of Entry: 10/20/97 (fee) [4:71cv6]

Docket as of February 2, 1998 11:07 am

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Gates, et al v. Cook, et al

1983

LEAD

10/22/97 163

RULE 62 MOTION by Pla Class to Stay Proceedings to Enforce

A Judgment [re: Order Approving New Inmate Access to the

Court Program, filed 9/22/97], pending disposition of plas'

Rule 59 Motion to alter or amend, etc. (fee)

[4:71cv6]

10/27/97 164

ORDER denying [158-1] motion to Alter or Amend [153-1] order superseding, altering, and amending all prior orders of this court, pertaining to access to the court, to-wit: (1) adopting MDOC procedure for inmate access to the court as contained in Exhibit 1 to this order, (2) directing dfts to furnish a semiannual report to the court regarding tne newly instituted program, (3) directing a copy of this semiannual report be provided to plas' class counsel who shall file w/i 30 da. his report to the court concerning the adequacy of the program, etc., (4) directing dfts to be vigilant in their efforts to assure special assistance to illiterate and functionally illiterate inmates, (5) reserving the right to supersede, amend, or supplement this order on 5 da. notice to either party if this court perceives the newly instituted system is denying meaningful access to the courts of meritorious claims of the inmates, denying [163-1] motion to Stay Proceedings to Enforce A Judgment [re: Order Approving New Inmate Access to the Court Program, filed 9/22/97], pending disposition of plas' Rule 59 Motion to alter or amend, etc. ( signed by Chief Judge L. T. Senter Jr. on 10/22/97) COB # 80 pg. 274-275 Date of Entry: 10/27/97 (fee) [4:71cv6]

10/27/97 165 10/29/97 166
11/17/97 167 11/18/97 -11/18/97 168

MOTION by Class Counsel for Approval of Decision Not to Appeal the Court's Order Approving New Inmate Access to the Court Program, filed 09/22/97 (fee) [Edit date 10/27/97] [4:71cv6]
ORDER granting [165-1] motion for Approval of Decision Not to Appeal the Court's Order Approving New Inmate Access to the Court Program, filed 09/22/97 ( signed by Chief Judge L. T. Senter Jr. on 10/28/97) COB # 80 pg. 276-277 Date of Entry: 10/29/97 (fee) [4:71cv6]
NOTICE of Attorney Appearance for Thomas D. Cook, J. D. Demoville, Turner Arant, Sebe Dale, Robert D. Robinson, H. L. Roberts, John Bell Williams, MDOC by James F. Steel [SAAG] (fee) [Entry date 11/18/97] [4:71cv6]
Consolidated Lead Case (fee) [4:71cv6]
AGREED ORDER on joint motion ore tenus, dismissing with prejudice as to the time and expense itemized therein, plas' "First Verified Motion for Attorney's Fees...," dated October 8, 1997, ( signed by Chief Judge L. T. Senter Jr. on 11/17/97) COB # 80 pg. 308-309 Date of Entry: 11/18/97 (fee) [4:71cv6]

Docket as of February 2, 1998 11:07 am

Page 23

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4:71cv6

Gates, et al v. Cook, et al

1983

11/18/97 169

LEAD
AGREED ORDER, on joint ore tenus motion of the parties, to consolidate, and on the two motions of plas' court-appointed

counsel for post-judgment awards of atty's fees;

CONSOLIDATING Givhan (4:82cv64-B-A) and Way (4:95cv283-D-A)

subclass cases with Gates (4:71cvO6-S-D); CERTIFYING Givhan and Way as a subclass of the larger class already certified in Gates: "All adherents of the muslim religion sentenced to

the custody of MDOC..."; all future pleadings pertaining to

Givhan and Way shall have the same heading, styled, and

numbers as that of this order; directing the clerk to effectuate this order of consolidation and certification of subclass; that in full agreed settlement of plas' first and

second, verified motions and for all additional atty time and

expense to date, dfts shall pay Ronald Reid Welch, P.A., the

sum of $18,750.00 NLT 6/31/98, with legal judgment interest to be paid from the date of this order until paid in full; that a separate final judgment order for the fees awarded in

Para. 5 shall issue this day from the court and filed by the

clerk; that, as previously agreed and ordered in Moore v.

Fordice, Para. 12 at page 4 of Agreed Judgment of Settlement and Dismissal, filed 06/28/95, the parties obligate themselves to seek in good faith an informal resolution to

any dispute in this case prior to instituting any legal

action relative thereto. ( signed by Chief Judge L. T.

Senter Jr. on 11/17/97) COB # 81 pg. 302-305 Date of Entry: 11/18/97 (fee) [Edit date 11/19/97] [4:71cv6]

11/18/97 170

FINAL JUDGMENT in Givhan v. Puckett, on the first and second verified motions of pla's for post judgment atty's fees and costs to date, directing that dfts shall pay Ronald Reid Welch, P.A., the sum of $18,750.00 NLT June 31, 1998, with legal judgment interest to be paid from the date of this order until paid in full. ( signed by Chief Judge L. T. Senter Jr. on 11/17/97) COB # 81 pg. 306-307 Date of Entry: 11/18/97 (fee) [Edit date 11/19/97] [4:71cv6]

1/7/98 171

NOTICE OF NONCOMPLIANCE OF ADAMS COUNTY JAIL by plaintiffs (fee) [4:71cv6]

1/22/98 172

JUDGMENT OF USCA (certified copy) DISMISSING the appeal under 5thCirR.42.3, for want of prosecution for failure of appellants to pay the docketing and filing fee, w/i the time fixed by the rules, this date, January 20, 1998 (signed by Clerk USCA/5th Cir - for the court by direction) [Re: Doc.#151 - Interlocutory Appeal by Arthur Nickens and Curtis Antonio Way] (fee) [Entry date 01/23/98] [Edit date 01/23/98] [4:71cv6]

1/29/98 173

AMENDATORY CAPACITY ORDER FOR MSP UNIT 29, amending prior population capacity orders of this court so as to allow defendants temporarily to double bunk the single cells in MSP Unit 29's present A and B Buildings, etc. ( signed by Chief Judge L. T. Senter Jr. on 1/26/98) COB # 82 pg. 48-51 Date of Entry: 1/29/98 (jta) [4:71cv6]

Docket as of February 2, 1998 11:07 am

Page 24

Proceedings include all events.

4:71cv6

Gates, et al v. Cook, et al

1983 LEAD

2/2/98 --

Mail addressed to Joseph Wright RETURNED marked "Released". (jta) [4:71cv6]

Docket as of February 2, 1998 11:07 am

Page 25

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U.S. District Court Northern District of Mississippi (Greenville Division) CIVIL DOCKET FOR CASE #: 4:82-cv-00064-JAD

CONSENT

Givhan, et al v. Puckett, et al Assigned to: Jerry A. Davis Demand: $0 Lead case: 4:71-cv-00006-JAD (View Member Cases) Cause: 42:1983 Prisoner Civil Rights

Date Filed: 03/15/1982 Jury Demand: None Nature of Suit: 550 Prisoner: Civil Rights Jurisdiction: Federal Question

Plaintiff Keith Anthony Givhan

represented by Ronald Reid Welch RONALD REID WELCH, ATTORNEY P. O. Box 4589 Jackson, MS 39296-4589 (601) 352-6420 Email: prisonlaw@aol.com LEAD ATTORNEY ATTORNEY TO BE NOTICED

Plaintiff Nathaniel Sewell

represented by Ronald Reid Welch (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

V. Defendant Steve Puckett

represented by James F. Steel MISSISSIPPI ATTORNEY GENERAL'S OFFICE P. O. Box 220 Jackson, MS 39205-0220 (601) 359-3680 TERMINATED: 08/24/1998 LEAD ATTORNEY ATTORNEY TO BE NOTICED
John L. Clay MISSISSIPPI ATTORNEY GENERAL'S OFFICE P. O. Box 220 Jackson, MS 39205-0220 (601) 359-3680 Email: jclay@ago.state.ms.us

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Defendant Raymond Roberts

TERMINATED: 08/24/1998 LEAD ATTORNEY ATTORNEY TO BE NOTICED
Leonard Charlton Vincent MISSISSIPPI DEPARTMENT OF CORRECTIONS P O Box 38 Parchman, MS 38738 (662) 745-6611 Email: lvincent@mdoc.state.ms.us LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by James F. Steel (See above for address) TERMINATED: 08/24/1998 LEAD ATTORNEY ATTORNEY TO BE NOTICED
John L. Clay (See above for address) TERMINATED: 08/24/1998 LEAD ATTORNEY ATTORNEY TO BE NOTICED
Leonard Charlton Vincent (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Date Filed 03/15/1982
03/15/1982 07/14/1982 07/26/1982 08/04/1982

#

Docket Text

1 PRISONER COMPLAINT challenging conditions of confinement CASE REFERRED to Magistrate Judge Jerry A. Davis ; Case Assigned to CJRA Track: Administrative (fcc) (Entered: 04/05/1996)
2 ORDER granting plaintiffs in forma pauperis status (signed Magistrate Judge on 3/15/82) (fcc) Modified on 04/05/1996 (Entered: 04/05/1996)
6 AMENDED COMPLAINT by Keith Anthony Givhan, et al, amending [1-1] prisoner complaint (fcc) (Entered: 04/05/1996)
7 ORDER consolidated this cause w/GC82-77, etc. ( signed by Magistrate Judge on 7/26/82) (fcc) Modified on 04/05/1996 (Entered: 04/05/1996)
8 ORDER consolidating this cause w/GC82-179; 82-181; 82-77; and 82-180 ( signed by Magistrate Judge on 8/4/82) (fcc) Modified on 04/05/1996 (Entered: 04/05/1996)

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08/17/1982 09/30/1982 11/03/1982 11/03/1982 02/07/1983 02/07/1983 03/07/1983 03/08/1983 04/04/1983
09/26/1985 09/26/1985 11/18/1985 04/17/1991
10/28/1991
05/30/1995

9 ORDER certifying these consolidated causes as a Rule 23 CLASS ACTION, etc. ( signed by Magistrate Judge on 8/16/82)(fcc) Modified on 04/05/1996 (Entered: 04/05/1996)
3 ORDER that the pro se complaint of Donnie Wilson be filed as a motion for leave to intervene in the above cause which is DENIED. ( signed by Magistrate Judge on 9/29/82) (fcc) Modified on 04/05/1996 (Entered: 04/05/1996)
4 NOTICE OF APPEAL of [3-1] order by Donnie Wilson. (fcc) (Entered: 04/05/1996)
5 Certificate (WCK), dated 11/3/82, denying probable cause COB#42, PG. 155 (fcc) (Entered: 04/05/1996)
10 ORDER that GC83-5WK has been consolidated with the above cause and all further proceedings will be filed in this cause, etc. ( signed by Magistrate Judge on 2/4/83) (fcc) Modified on 04/05/1996 (Entered: 04/05/1996)
11 SECOND AMENDED COMPLAINT by Keith Anthony Givhan, et al, amending [1-1] prisoner complaint (fcc) (Entered: 04/05/1996)
12 JUDGMENT OF USCA (certified copy) DISMISSING appeal of Donnie Wilson for failure to pay docketing fee; Record returned from USCA Re: [4-1] appeal (fcc) (Entered: 04/05/1996)
13 REPORT AND RECOMMENDATION of Magistrate Judge in Cause No. GC83-5-WK (fcc) (Entered: 04/05/1996)
14 ORDER adopting the Magistrate Judge's report and recommendation as the opinion of the court; and denying dfts motion to dismiss (signed by Chief Judge W. C. Keady on 4/4/83) COB # 44 pg. 1 Date of Entry: 4/4/83 (fcc) (Entered: 04/05/1996)
15 ORDER ON JUDGMENT dismissing this cause of action by reason of settlement. (fcc) (Entered: 04/05/1996)
case closed (J.S.6) (fcc) (Entered: 04/05/1996)
16 AGREED ORDER dismissing this action with prejudice, subject to certain provisions, etc. (signed by Chief Judge W. C. Keady on 11/18/85) COB # 51 pg. 70-73 Date of Entry: 11/18/85 (fcc) (Entered: 04/05/1996)
17 AGREED ORDER of Settlement and Dismissal entered by the court on 11/18/85 be MODIFIED as to Place of Worship, Fulltime Imam, Diet, Hair and Beards, Religious Material, etc., each party to bear its own costs and attorneys fees, and court costs. ( signed by Judge Neal B. Biggers Jr. on 4/16/91) Date of Entry: 4/17/91 (fcc) (Entered: 04/05/1996)
18 ORDER allowing plaintiffs to solicit voluntary donations, etc., and Directing that plaintiffs may not sell items within the penitentiary that have been donated to or purchased by the Muslim community at Parchman. ( signed by Magistrate Judge Jerry A. Davis on 10/24/92) Date of Entry: 10/28/91 (fcc) (Entered: 04/05/1996)
19 AFFIDAVIT/MOTION of Nathaniel Sibley for contempt for failing to comply with Agreed Order of Settlement and Dismissal, dated 4/16/91 (fcc) (Entered: 04/05/1996)

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08/09/1995 08/29/1995 09/07/1995
09/07/1995 04/03/1996
04/03/1996 04/03/1996 04/03/1996
04/15/1996 04/15/1996 07/09/1996 07/29/1996 08/02/1996 08/05/1996 08/07/1996

20 MOTION by Katherine V. Kilgore and NMRLS to withdraw as counsel for plaintiffs (fcc) (Entered: 04/05/1996)
21 ORDER granting [20-1] motion to withdraw as counsel for plaintiffs and plaintiff class in this case. ( signed by Magistrate Judge Jerry A. Davis on 8/28/95) Date of Entry: 8/29/95 (fcc) (Entered: 04/05/1996)
22 MOTION to Intervene, or in the Alternative, Motion for Contempt by Nathaniel Sibley, Curtis Antonio Way, Arthur White, Arthur Ricks, John Tate, Derrick Lowery, Kenneth Garrison, Samuel Stokes, Jimmy Bass (fcc) Modified on 04/05/1996 (Entered: 04/05/1996)
23 MOTION by Curtis Antonio Way, Arthur White, Arthur Ricks, John Tate, Derrick Lowery, Kenneth Garrison, Samuel Stokes, Jimmy Bass to Certify Class (fcc) Modified on 04/05/1996 (Entered: 04/05/1996)
24 ORDER reopening case, reassigning this case to U. S. Magistrate Judge S. Allan Alexander, and appointing Ronald Reid Welch to represent plaintiffs in this cause. ( signed by Magistrate Judge Jerry A. Davis on 4/2/96) Date of Entry: 4/5/96 (fcc) Modified on 04/05/1996 (Entered: 04/05/1996)
CASE NO LONGER REFERRED TO Magistrate Judge Jerry A. Davis (fcc) (Entered: 04/05/1996)
CASE REFERRED to Magistrate Judge S. Allan Alexander (fcc) (Entered: 04/05/1996)
**Magistrate Reassigned to Magistrate Judge S. Allan Alexander [23-1] motion to Certify Class referred to Magistrate Judge S. Allan Alexander, [22-1] motion to Intervene, or in the Alternative, Motion for Contempt by Nathaniel Sibley, Curtis Antonio Way, Arthur White, Arthur Ricks, John Tate, Derrick Lowery, Kenneth Garrison, Samuel Stokes, Jimmy Bass referred to Magistrate Judge S. Allan Alexander, [19-1] motion for contempt for failing to comply with Agreed Order of Settlement and Dismissal, dated 4/16/91 referred to Magistrate Judge S. Allan Alexander (fcc) (Entered: 04/05/1996)
25 ORDER, Consolidating Cases and Directing Class Counsel to Investigate and Report to Court ( signed by Magistrate Judge S. Allan Alexander on 4/11/96) Date of Entry: 4/15/96 (jta) Modified on 04/16/1996
Consolidated Lead Case (consolidated w/95cv283) (jta)
26 MOTION by plaintiffs for order providing copy of case record to newly appointed class counsel and for additional time for counsel to report (fcc)
27 MOTION by Kenneth Garrison in 4:82-cv-00064 to Expedite (fcc) (Entered: 07/31/1996)
28 MOTION by Curtis Antonio Way in 4:82-cv-00064 to Dismiss Counsel (jta)
29 MOTION by Curtis Antonio Way in 4:82-cv-00064 for nunc pro tunc entry of judgment on the verdict (fcc) (Entered: 08/06/1996)
30 MOTION by Nathaniel Sibley in 4:82-cv-00064 to Dismiss voluntarily (PSP-4 signed 7/22/96) (fcc) (Entered: 08/09/1996)

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08/13/1996 09/05/1996 09/11/1996 09/11/1996 09/18/1996
09/25/1996
10/10/1996 10/15/1996 10/18/1996

31 ORDER granting [30-1] motion to Dismiss voluntarily (PSP-4 signed 7/22/96), Dismissing this cause as to Nathaniel Sibley without prejudice ( signed by Magistrate Judge S. Allan Alexander on 8/12/96) Date of Entry: 8/13/96 (fcc)
32 Plas' Class Counsel Interim Report to the Court (fcc)
33 MOTION by Paul Flowers in 4:82-cv-00064, Tyrone Green in 4:82-cv-00064, Ya Sin Shabazz in 4:82-cv-00064, Danny Townsend in 4:82-cv-00064, Taj Hassan in 4:82-cv-00064, Larry Warren in 4:82-cv-00064, Saleem Rafiq in 4:82-cv-00064 for Order to Show Cause and/or Order for Enforcement of Judgment (fcc) (Entered: 09/18/1996)
34 ATTACHMENTS by Paul Flowers in 4:82-cv-00064, Tyrone Green in 4:82-cv-00064, Ya Sin Shabazz in 4:82-cv-00064, Danny Townsend in 4:82-cv-00064, Taj Hassan in 4:82-cv-00064, Larry Warren in 4:82-cv-00064, Saleem Rafiq in 4:82-cv-00064 in support of [33-1] motion for Order to Show Cause and/or Order for Enforcement of Judgment by movants (fcc) (Entered: 09/18/1996)
35 AFFIDAVITS IN SUPPORT by Paul Flowers #79415; Henderson Sharp #46812; Tyrone Green #80786; Saleem Munin Rafiq #35789; Sebastian Ratel King #62506; Marzett Lowe #87932; Michael Johnson #41273; Dereck Stokes #87345; Tony L. Bland #24431; Lee Sharp #72030; Larry Warren #32002; Bobby Williams #34824; Taj Hassan #63416; Earnest Brandy #82878; Danny Townsend #09537; Arturn Joiner #40226; Larry Gaston #82650; David Bennett #00274; Antonio Battee #74130; Jerry D. Wilson #36853; Dennie Colston #79107; Vincent Simmons #59773; Yervin Barnett #21800; Sammuel Pitchford #43102; Napoleon Bryant #82026; Jermone Wallace #13138; Kelvin Denman #18910; John Cannon #75015; Tommy Lewis #09850; Benard Brown #48743 Re: [33-1] motion for Order to Show Cause and/or Order for Enforcement of Judgment (fcc)
36 ORDER denying [29-1] motion for nunc pro tunc entry of judgment on the verdict, denying [28-1] motion to Dismiss Counsel, denying [27-1] motion to Expedite, denying [23-1] motion to Certify Class, denying [22-1] motion to Intervene, or in the Alternative, Motion for Contempt by Nathaniel Sibley, Curtis Antonio Way, Arthur White, Arthur Ricks, John Tate, Derrick Lowery, Kenneth Garrison, Samuel Stokes, Jimmy Bass, denying [19-1] motion for contempt for failing to comply with Agreed Order of Settlement and Dismissal, dated 4/16/91, granting until 10/10/96, that class counsel submit a final report of his investigation and settlement negotiations ( signed by Magistrate Judge S. Allan Alexander on 9/20/96) Date of Entry: 9/25/96 (fcc)
Movant's (Larry T. Warren) letter of inquiry dtd 10/8/96, referred to Magistrate Judge Alexander (fcc)
37 PLAS' class counsel Third Report to the Court (fcc)
38 ORDER granting written and ore tenus motion of class counsel until 12/01/96, to submit a final report of his investigation and settlement negotiations. ( signed by Magistrate Judge S. Allan Alexander on 10/15/96) Date of Entry: 10/21/96 (fcc) (Entered: 10/21/1996)

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10/28/1996 12/04/1996 12/06/1996 12/09/1996 12/09/1996
04/21/1997 04/25/1997 04/30/1997
05/20/1997 05/21/1997 06/06/1997 08/15/1997 10/06/1997 10/06/1997 10/06/1997

Letter dtd 10/24/96, from Raheem Furqaan #73717, Unit 14, Parchman, MS 38738, addressed to Magistrate Judge Alexander regarding "Counsel's Third Report the Court" (fcc) (Entered: 10/30/1996)
39 Plaintiffs' class Counsel Fourth Report to The Court. (jta)
40 MOTION by John B. Irvin, III (a/k/a Mali K. Lumumba) and Iman Rashed Saleem for Reconsideration of [36-1] order denying motion to dismiss counsel filed by pro se plas Curtis Antoio Way and Raheem Furqaan (fcc)
41 ORDER denying [33-1] motion for Order to Show Cause and/or Order for Enforcement of Judgment ( signed by Magistrate Judge S. Allan Alexander on 12/6/96) Date of Entry: 12/9/96 (jta)
42 ORDER denying [40-1] motion for Reconsideration of [36-1] order denying motion to dismiss counsel filed by pro se plas Curtis Antoio Way and Raheem Furqaan ( signed by Magistrate Judge S. Allan Alexander on 12/6/96) Date of Entry: 12/9/96 (jta)
43 VERIFIED MOTION by Keith Anthony Givhan, et al in 4:82-cv-00064 for Order Awarding Attorney's Fees [43-1] motion referred to Judge Neal B. Biggers Jr. (fcc)
44 MOTION by Steve Puckett in 4:82-cv-00064 to Extend Time to Respond to Plas' Verified Motion for Order Awarding Atty's Fees [44-1] motion referred to Judge Neal B. Biggers Jr. (fcc)
45 ORDER granting [44-1] motion to Extend Time to Respond to Plas' Verified Motion for Order Awarding Atty's Fees, Response to Motion reset to 5/19/97 for [43-1] motion for Order Awarding Attorney's Fees ( signed by Magistrate Judge S. Allan Alexander on 4/28/97) Date of Entry: 4/30/97 (fcc)
46 RESPONSE by Steve Puckett, et al in 4:82-cv-00064 in opposition to [43-1] motion for Order Awarding Attorney's Fees by Keith Anthony Givhan (fcc) Modified on 05/20/1997
59 MOTION by Keith Anthony Givhan, et al for Judgment on the Pleadings of their Verified Motion for Order Awarding Atty's Fees, etc. [Note: Marked filed but inadvertently ommitted from entry] (fcc) (Entered: 12/09/1997)
Mail Returned 6/4/97, addressed to Paul Flowers with forwarding address of: Collins Place 63, Carterville, GA 30120 (fcc)
47 ORDER, Motion Hearing set for 9:00 10/24/97 Oxford for [43-1] motion for Order Awarding Attorney's Fees ( signed by Magistrate Judge S. Allan Alexander on 8/14/97) Date of Entry: 8/15/97 (jta)
48 REQUEST for Clarification with Respect to Post-Judgment Class Action Case Administration and Jurisdiction by Pla Class Attorney, Ronald Reid Welch (fcc)
Motion(s) no longer referred: [43-1] motion for Order Awarding Attorney's Fees (fcc)
49 NOTICE/SECOND VERIFIED MOTION by Keith Anthony Givhan in 4:82-cv-00064 for Order Cancelling Scheduled Evid. Hrg. for Atty's Fees..., together with Exhibits A, B, and C (fcc)

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10/08/1997 10/14/1997 10/14/1997 10/14/1997 10/15/1997
10/16/1997
10/16/1997 11/17/1997 11/18/1997 11/18/1997 11/18/1997 11/18/1997

50 MOTION by Steve Puckett, et al in 4:82-cv-00064 to Extend Time to Respond to Plas' "Second Verified Motion for Order Canceling Evid. Hrg., etc." (fcc) (Entered: 10/09/1997)
NOTICE of by Keith Anthony Givhan, et al in 4:82-cv-00064, of Additional Attorney Affidavits of David W. Mockbee and William F. Winter (fcc)
51 AFFIDAVIT of DAVID W. MOCKBEE by Keith Anthony Givhan in 4:82-cv-00064 Re: [49-1] motion for Order Cancelling Scheduled Evid. Hrg. for Atty's Fees..., together with Exhibits A, B, and C by Keith Anthony Givhan (fcc)
52 AFFIDAVIT OF WILLIAM WINTER by Keith Anthony Givhan, et al, in 4:82-cv-00064 Re: [49-1] motion for Order Cancelling Scheduled Evid. Hrg. for Atty's Fees..., together with Exhibits A, B, and C by Keith Anthony Givhan (fcc)
53 MOTION by John B. Irving III in 4:82-cv-00064, Raheem Furqaan in 4:82-cv-00064, George Michael Bass in 4:82-cv-00064, Anthony Smith in 4:82-cv-00064, Devin Johnson in 4:82-cv-00064, Guss Moss in 4:82-cv-00064, Victor Kennedy in 4:82-cv-00064, Johnny Lacy in 4:82-cv-00064, David Montgomery in 4:82-cv-00064, Michael Taylor in 4:82-cv-00064, Patrick F. Berry in 4:82-cv-00064, Raymond Greason in 4:82-cv-00064 for Temporary Restraining Order (fcc)
54 MOTION by Keith Anthony Givhan, et al in 4:82-cv-00064 for Order Declaring Dfts to Have Admitted the Truth of Counsel's Court Ordered Activity Reports by Their Failure to Object/Deny , or for Order Shortening Time for Dfts to Answer Requests for Admissions/Stipulations [54-1] motion referred to Magistrate Judge S. Allan Alexander, [54-2] motion referred to Magistrate Judge S. Allan Alexander (fcc)
55 REQUEST for Admissions by Keith Anthony Givhan, et al in 4:82-cv-00064 to Steve Puckett, et al in 4:82-cv-00064 (fcc)
56 NOTICE of Attorney Appearance for Steve Puckett in 4:82-cv-00064, Raymond Roberts in 4:82-cv-00064 by James F. Steel (SAAG) (fcc) (Entered: 11/18/1997)
Consolidated Member Case . Lead Case Number: 4cv71 06 (fcc)
CASE reassigned to Chief Judge L. T. Senter Jr. (fcc)
**Magistrate Reassigned to Magistrate Judge Jerry A. Davis (fcc)
57 AGREED ORDER, on joint ore tenus motion of the parties, to consolidate, and on the two motions of plas' court-appointed counsel for post-judgment awards of atty's fees; CONSOLIDATING Givhan (4:82cv64-B-A) and Way (4:95cv283-D-A) subclass casses with Gates (4:71cv06-S-D); CERTIFYING Givhan and Way as a subclass of the larger class already certified in Gates: "All adherents of the muslim religion sentenced to the custody of MDOC..."; all future pleadings pertaining to Givhan and Way shall have the same heading, styled, and numbers as that of this order; directing the clerk to effectuate this order of consolidation and certification of subclass; that in full agreed settlement of plas' first and second verified motions and for all additional atty time and expense to date, dfts shall pay to Ronald Reid Welch, P.A., the sum of $18,750.00 NLT 6/31/98, with legal judgment interest to be paid from the date of this order until paid in full; that a separate final judgment order for the fees awarded in Para. 5

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11/18/1997 11/25/1997
02/02/1998 03/31/1998 03/31/1998
04/03/1998 04/03/1998
04/30/1998

shall issue this date from the court and filed by the clerk; that, as previously agreed and ordered in Moore v. Fordice, Para. 12 at page 4 of Agreed Judgment of Settlement and Dismissal, filed 06/28/95, the parties obligate themselves to seek in good faith an informal resolution to any dispute in this case prior to instituting any legal action relative thereto. ( signed by Chief Judge L. T. Senter Jr. on 11/17/97) COB # 81 pg. 302-305 Date of Entry: 11/18/97 (fcc)
58 FINAL JUDGMENT in Givhan v. Puckett, on the first and second verified motions of plas for post judgment atty's fees and costs to date, directing that dfts shall pay to Ronald Reid Welch, P.A., the sum of $18,750.00 NLT June 31, 1998, with legal judgment interest to be paid from the date of this order until paid in full. ( signed by Chief Judge L. T. Senter Jr. on 11/17/97) COB # 81 pg. 306-307 Date of Entry: 11/18/97 (fcc) Modified on 11/19/1997
Motion(s) referred: [54-1] motion for Order Declaring Dfts to Have Admitted the Truth of Counsel's Court Ordered Activity Reports by Their Failure to Object/Deny referred to Magistrate Judge Jerry A. Davis, [54-2] motion for Order Shortening Time for Dfts to Answer Requests for Admissions/Stipulations referred to Magistrate Judge Jerry A. Davis, [53-1] motion for Temporary Restraining Order referred to Magistrate Judge Jerry A. Davis, [50-1] motion to Extend Time to Respond to Plas' "Second Verified Motion for Order Canceling Evid. Hrg., etc." referred to Magistrate Judge Jerry A. Davis (fcc)
Mail addressed to Joseph Wright RETURNED marked "Released". (jta)
CASE REFERRED to Magistrate Judge S. Allan Alexander (jta)
**Magistrate Reassigned to Magistrate Judge S. Allan Alexander [54-1] motion for Order Declaring Dfts to Have Admitted the Truth of Counsel's Court Ordered Activity Reports by Their Failure to Object/Deny referred to Magistrate Judge S. Allan Alexander, [54-2] motion for Order Shortening Time for Dfts to Answer Requests for Admissions/Stipulations referred to Magistrate Judge S. Allan Alexander, [53-1] motion for Temporary Restraining Order referred to Magistrate Judge S. Allan Alexander, [50-1] motion to Extend Time to Respond to Plas' "Second Verified Motion for Order Canceling Evid. Hrg., etc." referred to Magistrate Judge S. Allan Alexander; (for purposes of management per Magistrate Judge Davis) (jta)
60 REPORT AND RECOMMENDATIONS of Magistrate Judge S. Allan Alexander Re: [53-1] motion for Temporary Restraining Order ; Motion no longer referred Objections to R and R due by 4/16/98 (jta)
61 ORDER denying [54-1] motion for Order Declaring Dfts to Have Admitted the Truth of Counsel's Court Ordered Activity Reports by Their Failure to Object/Deny, denying [54-2] motion for Order Shortening Time for Dfts to Answer Requests for Admissions/Stipulations, denying [50-1] motion to Extend Time to Respond to Plas' "Second Verified Motion for Order Canceling Evid. Hrg., etc." ( signed by Magistrate Judge S. Allan Alexander on 4/31/98) Date of Entry: 4/03/98 (fcc)
62 ORDER ADOPTING and APPROVING [60-1] report and recommendations denying [53-1] motion for Temporary Restraining Order ( signed by Chief Judge L. T. Senter Jr. on 4/28/98) COB # 82 pg. 217 Date of Entry: 4/30/98 (fcc)

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06/22/1998 06/22/1998
08/05/1998
08/06/1998 08/17/1998 08/17/1998
08/24/1998
08/24/1998 08/24/1998 08/24/1998 10/02/1998 01/25/1999
02/18/1999
06/11/1999

63 NOTICE/MOTION by Raheem Furqaan in 4:82-cv-00064, Curtis Antonio Way in 4:82-cv-00064 for Pretrial Conference (fcc) (Entered: 06/23/1998)
64 OBJECTIONS TO CLASS COUNSEL'S FOURTH REPORT TO THE COURT, ETC. by Raheem Furqaan in 4:82-cv-00064, Curtis Antonio Way in 4:82-cv-00064 Re: (fcc) (Entered: 06/23/1998)
65 ORDER returning this cause to the Clerk for reassignment to an active U.S. District Judge. ( signed by Senior Judge L. T. Senter Jr. on 7/31/98) Date of Entry: 8/06/98 (fcc) (Entered: 08/06/1998)
CASE reassigned to Chief Judge Neal B. Biggers Jr. (fcc)
CASE reassigned to Judge Glen H. Davidson (fcc)
66 ORDER transferring this cause to Honorable Glen H. Davidson, U. S. District Judge, NDMS, for all further proceedings. ( signed by Chief Judge Neal B. Biggers Jr. on 8/14/98) Date of Entry: 8/17/98 (fcc)
67 ORDER OF REFERENCE AND STIPULATION of Consent to Trial of All Post-Judgment Matters by United States Magistrate Judge Jerry A. Davis in Consolidated Cases ( signed by Judge Glen H. Davidson on 8/19/98) Date of Entry: 8/24/98 (fcc)
**Magistrate Reassigned to Magistrate Judge Jerry A. Davis [63-1] motion for Pretrial Conference referred to Magistrate Judge Jerry A. Davis (fcc)
CASE NO LONGER REFERRED TO Magistrate Judge S. Allan Alexander (fcc)
CASE REFERRED to Magistrate Judge Jerry A. Davis for trial (fcc)
NOTICE of address change: 9425 Flechette Ave., Jacksonville, FL 32208 by Curtis Antonio Way in 4:82-cv-00064 (fcc) (Entered: 10/07/1998)
68 ORDER denying [63-1] motion for Pretrial Conference, request must come from class counsel, not individual litigants ( signed by Magistrate Judge Jerry A. Davis on 1/22/99) Date of Entry: 1/25/99 (fcc)
(Copy) Intervening Plaintiffs, Tobie Krohe, et al, letter dtd 2/15/99, to Lead Atty, Margaret Winter, et al , as to status of case, placed in the file. (copies referred to Mag Judge Davis and Pro Se Clerk) (fcc)
69 ORDER denying [234-1] motion to add his name to Class Action Keith Givhan, et al v. Steve Puckett, et al No. 4:92cv64, consol. w/Curtis Antonio Way, et al v. Steve Puckett, et al No. 4:95c283 in 4:71-cv-00006, denying [229-1] motion to add his name to Class Action Keith Givhan, et al v. Steve Puckett, et al No. 4:92cv64, consol. w/Curtis Antonio Way, et al v. Steve Puckett, et al No. 4:95cv283 in 4:71-cv-00006, denying [206-1] motion to become a member in class action suit "Keith Givan, et al Lead Case No. 4:82cv64 and consol. w/Curtis Antonio Way, et al, No. 4:95cv283 " in 4:71-cv-00006, denying [200-1] motion to become a member in class action suit "Keith Givan, et al Lead Case No. 4:82cv64 and consol. w/Curtis Antonio Way, et al, No. 4:95cv283" in 4:71-cv-00006 ( signed by Magistrate Judge Jerry A. Davis on 6/10/99) Date of Entry: 6/11/99 (fcc) Modified on 09/28/1999

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08/31/1999 10/13/1999 10/13/1999 10/29/1999 01/07/2000 08/23/2000
11/08/2000 11/17/2000 03/29/2001 04/30/2001

70 Plas' Class Counsel (Ron Welch) Summary Status Report dtd 8/30/99, to the Court on All Consolidated Cases: 4:71cv6 (LEAD); 4:73cv76; 4:82cv64; 4:95cv283; 4:90cv125 (fcc) Modified on 09/28/1999
71 Letter MOTION by Charles Smith in 4:82-cv-00064 to Amend [1-1] prisoner complaint (fcc)
72 ORDER denying [71-1] motion to Amend [1-1] prisoner complaint, referring movant to submit his motion to plas' counsel for his review and consideration ( signed by Magistrate Judge Jerry A. Davis on 10/12/99) Date of Entry: 10/13/99 (fcc) Modified on 10/13/1999
Letter dtd 10/24/99 from Thomas Hill enclosing a letter to Ronald Welch of their dissatisfaction with class counsel, referred to Magistrate Judge Davis (fcc)
"CORRECTED" VERIFIED MOTION by class counsel for Order Awarding December 1999 Attorney's Fees (fcc) Modified on 01/20/2000 (Entered: 01/10/2000)
73 MOTION by (Movants) John B. Irving III #30881, Johnny Collier #05757, Bobby Pinkney #57506, Donald Ray Brown #44479, Rickey Hampton #51236, Sammy Brown #76614, Charles Bell #30115, Steven Thomas K8092, Dennis Johnson #82896, James Seaton #81899, Kenneth Evans #K2369, Marquis Greene K0146, David Posey #65362, Russell Virgil #68744, Clarence Peteson #12681, Isiah Williams 37498 in 4:82-cv-00064, 4:82cv77, 4:82cv179, 4:82cv180, 4:92cv181, 4:83cv05 to Intervene to File Motion for Contempt of Court Order and Injunctive Relief on Behalf of Muslim Class Inmates Confined in MSP (fcc) Modified on 08/28/2000 (Entered: 08/28/2000)
74 MOTION by party movant Thomas Hill in 4:82-cv-00064 to Proceed w/o Benefit of Current Class Counsel (fcc)
75 ORDER denying [74-1] motion to Proceed w/o Benefit of Current Class Counsel ( signed by Magistrate Judge Jerry A. Davis on 11/16/00) Date of Entry: 11/17/00 (fcc)
76 ORDER denying [73-1] motion to Intervene to File Motion for Contempt of Court Order and Injunctive Relief on Behalf of Muslim Class Inmates Confined in MSP ( signed by Magistrate Judge Jerry A. Davis on 3/28/01) Date of Entry: 3/29/01 (fcc)
77 JUDGMENT OF USCA (certified copy) that the Judgment of the District Court is VACATED IN PART and REVERSED IN PART, and the cause is REMANDED to the District Court for further proceedings in accordance with the opinion of this Court ISSUED AS MANDATE: APRIL 27, 2001 Re: [341-1] appeal by Martin Groot, Willie Naylor, Gary Butler, Willie Gaines, Robert L. White, Robert Shaw, Steven Houston in 4:71-cv-00006, [334-1] appeal by Martin Groot, Willie Naylor, Willie Gaines, Robert L. White, Robert Shaw, Steven Houston in 4:71-cv-00006, [272-1] appeal by Martin Groot, Robert Shaw in 4:71-cv-00006, [118-1] appeal by Martin Groot, Willie Naylor, Gary Butler, Willie Gaines, Robert L. White, Robert Shaw, Steven Houston in 4:90-cv-00125, [112-1] appeal by Martin Groot, Willie Naylor, Willie Gaines, Robert L. White, Robert Shaw, Steven Houston in 4:90-cv-00125, [78-1] appeal by Martin Groot, Robert Shaw in 4:90-cv-00125 (fcc) (Entered: 05/08/2001)

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07/18/2001 10/02/2002

78 ORDER granting defendants' motion in cause no. 4:99cv61-D-D and consolidating for all purposes 4:99cv61-D-D with "Givhan v. Puckett", 4:82cv64-JAD, as consolidated with "Gates v. Fordice, et al", GC71-6-JAD.( signed by Magistrate Judge Jerry A. Davis on 7/17/01) Date of Entry: 7/19/01 (fcc) (Entered: 07/19/2001)
79 ORDER, setting status conference and hearing on all pending motions for 10:00 a.m. October 29, 2002, in Oxford Motion Hearing set for 10:00 10/29/02 in 4:71-cv-00006, in 4:82-cv-00064, in 4:95-cv-00283 for [562-1] motion for Declaratory Judgment that the dft Governor's Partial, "Line Item" Veto of MDOC's Legislative Appropriations Bill is Invalid in 4:71-cv-00006, set for 10:00 10/29/02 in 4:71-cv-00006, in 4:82-cv-00064, in 4:95-cv-00283 for [560-1] motion for Order Reopening Gates v. Collier Lead Case to Enforce Court Orders in 4:71-cv-00006, set for 10:00 10/29/02 in 4:71-cv-00006, in 4:82-cv-00064, in 4:95-cv-00283 for [559-1] motion to Reopen Lead Case to Enforce Court Orders Concerning Institutional Inspections by State Agencies and Correction of Deficiencies Noted in 4:71-cv-00006, set for 10:00 10/29/02 in 4:71-cv-00006, in 4:82-cv-00064, in 4:95-cv-00283 for [558-1] motion to Extend Time for Copiah County to Respond to Notice of Non-Compliance in 4:71-cv-00006, set for 10:00 10/29/02 in 4:71-cv-00006, in 4:82-cv-00064, in 4:95-cv-00283 for [539-1] motion to Dismiss Leflore County's "Motion to Amend Order dated October 17, 1990, to Increase Capacities of Leflore County Jail", dated January 4, 2002 in 4:71-cv-00006, set for 10:00 10/29/02 in 4:71-cv-00006, in 4:82-cv-00064, in 4:95-cv-00283 for [523-1] motion to Reduce Its Court Approved Capacity for Incarcerating State Inmates in 4:71-cv-00006, set for 10:00 10/29/02 in 4:71-cv-00006, in 4:82-cv-00064, in 4:95-cv-00283 for [513-1] motion for Nunc Pro Tunc Order Reopening State Correctional Facilities Portion of Lead Case in 4:71-cv-00006, set for 10:00 10/29/02 in 4:71-cv-00006, in 4:82-cv-00064, in 4:95-cv-00283 for [510-1] motion for Judgment on their Motion for Equitable Modification of Prior Orders and their Motion to Amend and Clarify Order Regarding Use of Local Jails to Incarceration of State Prisoners in 4:71-cv-00006, set for 10:00 10/29/02 in 4:71-cv-00006, in 4:82-cv-00064, in 4:95-cv-00283 for [501-1] motion for Order to Show Cause Why the University of Mississippi Medical Center should not be held in contempt and fined in 4:71-cv-00006, set for 10:00 10/29/02 in 4:71-cv-00006, in 4:82-cv-00064, in 4:95-cv-00283 for [497-1] motion to Show Cause Why UMMC/MDOC Medical Services Contract Should Not be Terminated w/Exhibit "A" attached in 4:71-cv-00006, set for 10:00 10/29/02 in 4:71-cv-00006, in 4:82-cv-00064, in 4:95-cv-00283 for [494-1] motion for Modification of Hourly Rate Applicable to Motion and Supplemental Motion for Attorney's Fees in 4:71-cv-00006, set for 10:00 10/29/02 in 4:71-cv-00006, in 4:82-cv-00064, in 4:95-cv-00283 for [485-1] motion to Intervene or in the Alternative, Motion for Contempt by John B. Irving, III and John C. Thrasher to case(s) 4:71-cv-00006, in 4:71-cv-00006, set for 10:00 10/29/02 in 4:71-cv-00006, in 4:82-cv-00064, in 4:95-cv-00283 for [484-1] motion for Reconsideration of [54-1] order in 4:00-cv-00315 in 4:71-cv-00006, set for 10:00 10/29/02 in 4:71-cv-00006, in 4:82-cv-00064, in 4:95-cv-00283 for [483-1] motion to Amend and Modify Section IX(A) Order Regarding Use of Local Jails for Incarceration of State Prisoners, filed November 6, 1981 in 4:71-cv-00006, set for 10:00 10/29/02 in 4:71-cv-00006, in 4:82-cv-00064, in 4:95-cv-00283 for [477-1] motion for Equitable Modification of Prior Orders as to Attorney's Fees and Expenses in 4:71-cv-00006, set for

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10/04/2002
10/04/2002
12/10/2003 12/22/2003 01/22/2004 01/22/2004 01/22/2004 09/03/2004 09/28/2004 11/02/2004

10:00 10/29/02 in 4:71-cv-00006, in 4:82-cv-00064, in 4:95-cv-00283 for [468-1] motion for Attorney Fees in 4:71-cv-00006 ( signed by Magistrate Judge Jerry A. Davis on 9/25/02) Date of Entry: 10/02/02 (fcc)
80 MOTION to Intervene by to case(s) 4:82-cv-00064, John B. Irving III in 4:82-cv-00064, Chandler Clemons in 4:82-cv-00064, James Lee Lewis in 4:82-cv-00064, Mark Stevens in 4:82-cv-00064, Raymond Greason in 4:82-cv-00064, Jimmy Powell in 4:82-cv-00064, Akeem Rasheed in 4:82-cv-00064, L. V. Johnson in 4:82-cv-00064, Riley H. McLeod in 4:82-cv-00064, Jerry Franklin in 4:82-cv-00064 (fcc) (Entered: 10/07/2002)
81 ORDER denying [80-1] motion to Intervene by to case(s) 4:82-cv-00064, John B. Irving III in 4:82-cv-00064, Chandler Clemons in 4:82-cv-00064, James Lee Lewis in 4:82-cv-00064, Mark Stevens in 4:82-cv-00064, Raymond Greason in 4:82-cv-00064, Jimmy Powell in 4:82-cv-00064, Akeem Rasheed in 4:82-cv-00064, L. V. Johnson in 4:82-cv-00064, Riley H. McLeod in 4:82-cv-00064, Jerry Franklin in 4:82-cv-00064 ( signed by Magistrate Judge Jerry A. Davis on 10/3/02) Date of Entry: 10/07/02 (fcc) (Entered: 10/07/2002)
82 MOTION to Intervene to File Motion for Contempt of Court and Injunctive Relief on behalf of Muslim Inmates by Douglas Taylor, et al to case(s) 4:82-cv-00064, Douglas Taylor, et al in 4:82-cv-00064 (fcc)
83 MOTION by Douglas Taylor in 4:82-cv-00064 Supplemental/Amended to Intervene by referring to: [82-1] motion to Intervene to File Motion for Contempt of Court and Injunctive Relief on behalf of Muslim Inmates by Douglas Taylor, et al to case(s) 4:82-cv-00064, Douglas Taylor, et al in 4:82-cv-00064 (fcc) (Entered: 01/23/2004)
Copy of Letter dated 1/13/04 addressed to Ronald R. Welch, regarding plaintiffs' "Notice of Intent to File for Intervention, to File Motion for Contempt of Court and Injunctive Relief on Behalf of Muslim Inmates confined in the Mississippi State Penitentiary" (fcc) (Entered: 01/23/2004)
Copy of letter dated 1/13/04, from Douglas Taylor #72097 (Movant), addressed to Class Counsel, Ronald R. Welch, referring two motions to Intervene to File Motions for Contempt of Court Order re:Doc.#82;#83 (fcc) (Entered: 01/23/2004)
Copy of Memo to Douglas Taylor from Pro Se Clerk dated 12/29/03, returning documents pertaining to the "Givhan" case "Unfiled" and directing him to contact plaintiff class counsel, Ronald R. Welch, regarding any complaints as to conditions of confinement (fcc) (Entered: 01/23/2004)
JUDGMENT OF USCA (certified copy) affirming in part and vacating in part the district court opinion; Re: [587-1] appeal (jla)
TRANSCRIPT filed for dates of 06/28/04 and 06/29/04 for Hearing on Motion to Terminate Court Supervision before Mag. Judge Jerry A. Davis in Oxford, MS. (2 Volumes) (nsm)
84 Amendatory Order of 2004 re: operational agreement. Signed by Judge Jerry A. Davis on 11/1/04. (jkj, USDC)

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09/27/2005
10/20/2005 11/01/2005 11/04/2005 03/16/2006 06/06/2006 10/02/2006

85 ORDER DISMISSING CERTAIN PLAINTIFFS for failure to prosecute: Patrick F. Berry, Curtis Antonio Way, David Montgomery, Victor Kennedy, Devin Johnson, Thomas Hill and Anthony Smith . Signed by Judge Jerry A. Davis on 9/27/2005. (dmd, USDC) Modified on 9/28/2005 (dmd, USDC). Additional attachment(s) added on 9/28/2005 (dmd, USDC). (Entered: 09/28/2005)
86 ORDER dismissing certain plaintiffs without prejudice for failure to prosecute and failure to obey an order of the court. Signed by Judge Jerry A. Davis on 10/20/2005. (dmd, USDC)
87 ORDER Dismissing Certain Plaintiffs for failure to prosecute. Danny Townsend, Larry Warren, Tyrone Green and Saleem Rafiq terminated. Signed by Judge Jerry A. Davis on 11/1/2005. (jkj, USDC)
88 Letter of inquiry mailed to law clerk. (dmd, USDC) (Entered: 11/10/2005)
89 MOTION for Preliminary Injunction by Keith Anthony Givhan, et al. (dmd, USDC) (Entered: 03/21/2006)
90 Remark: Received letter from David Weatherspoon, MSP # 39891 dated 6/1/2006. (jkj, USDC)
91 ORDER Setting Hearing on Motions including 89 MOTION for Preliminary Injunction; Responses due by 10/30/2006; Motion Hearing set for 11/15/2006, at 10:00 AM in Aberdeen Courtroom 3 (2nd Floor) before Jerry A. Davis. David Witherspoon designated to represent plaintiffs at this hearing. Signed by Judge Jerry A. Davis on 10/2/2006;(jkj, USDC)

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APPEAL, CLOSED, CONSENT
U.S. District Court Northern District of Mississippi (Greenville Division) CIVIL DOCKET FOR CASE #: 4:90-cv-00125-JAD

Moore, et al v. Fordice, et al Assigned to: Jerry A. Davis Demand: $0 Cause: 42:1983 Prisoner Civil Rights Plaintiff David Darrell Moore
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Date Filed: 05/29/1990 Jury Demand: Plaintiff Nature of Suit: 550 Prisoner: Civil Rights Jurisdiction: Federal Question
represented by Elizabeth Jane Hicks PHELPS DUNBAR LLP - Jackson P.O. Box 23066 Jackson, MS 23066 (601) 352-2300 Email: hicksj@phelps.com LEAD ATTORNEY
Jessica Feierman NAKAMURA QUINN & WALLS, LLP Lakeshore Park Plaza, Suite 130 2204 Lakeshore Drive Birmingham, AL 35209-6701 (202) 393-4930 Email: jfeierman@npp-aclu.org LEAD ATTORNEY ATTORNEY TO BE NOTICED
Leo G. Rydzewski HOLLAND & KNIGHT, LLP 2099 Pennsylvania Ave., NW Suite 100 Washington, DC 20006-6801 (101) 828-1871 LEAD ATTORNEY
Margaret Winter AMERICAN CIVIL LIBERTIES UNION FOUNDATION National Prison Project 733 15th Street NW Suite 620 Washington, DC 20005 (202) 393-4930 Email: mwinter@npp-aclu.org LEAD ATTORNEY ATTORNEY TO BE NOTICED
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Plaintiff Elton Banks
Plaintiff
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Ronald Reid Welch RONALD REID WELCH, ATTORNEY P. O. Box 4589 Jackson, MS 39296-4589 (601) 352-6420 Email: prisonlaw@aol.com TERMINATED: 05/18/2001 LEAD ATTORNEY ATTORNEY TO BE NOTICED
Stephen P. Hanlon HOLLAND & KNIGHT, LLP 2099 Pennsylvania Ave., NW Suite 100 Washington, DC 20006-6801 (101) 828-1871 Email: shanlon@hklaw.com LEAD ATTORNEY
represented by Elizabeth Jane Hicks (See above for address) LEAD ATTORNEY
Jessica Feierman (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Leo G. Rydzewski (See above for address) LEAD ATTORNEY
Margaret Winter (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Ronald Reid Welch (See above for address) TERMINATED: 05/18/2001 LEAD ATTORNEY ATTORNEY TO BE NOTICED
Stephen P. Hanlon (See above for address) LEAD ATTORNEY
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Eddie Ray Gowdy
Plaintiff Gary Butler

represented by Elizabeth Jane Hicks (See above for address) LEAD ATTORNEY
Jessica Feierman (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Leo G. Rydzewski (See above for address) LEAD ATTORNEY
Margaret Winter (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Ronald Reid Welch (See above for address) TERMINATED: 05/18/2001 LEAD ATTORNEY ATTORNEY TO BE NOTICED
Stephen P. Hanlon (See above for address) LEAD ATTORNEY
represented by Elizabeth Jane Hicks (See above for address) LEAD ATTORNEY
Jessica Feierman (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Leo G. Rydzewski (See above for address) LEAD ATTORNEY
Margaret Winter (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Stephen P. Hanlon (See above for address) LEAD ATTORNEY

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Plaintiff Jason Williams
Plaintiff Rudolph Carter
V. Defendant

represented by Elizabeth Jane Hicks (See above for address) LEAD ATTORNEY
Jessica Feierman (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Leo G. Rydzewski (See above for address) LEAD ATTORNEY
Margaret Winter (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Stephen P. Hanlon (See above for address) LEAD ATTORNEY
represented by Elizabeth Jane Hicks (See above for address) LEAD ATTORNEY
Jessica Feierman (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Leo G. Rydzewski (See above for address) LEAD ATTORNEY
Margaret Winter (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Stephen P. Hanlon (See above for address) LEAD ATTORNEY

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Kirk Fordice
Defendant Leroy Black Defendant

represented by James F. Steel MISSISSIPPI ATTORNEY GENERAL'S OFFICE P. O. Box 220 Jackson, MS 39205-0220 (601) 359-3680 TERMINATED: 08/24/1998 LEAD ATTORNEY ATTORNEY TO BE NOTICED
John L. Clay MISSISSIPPI ATTORNEY GENERAL'S OFFICE P. O. Box 220 Jackson, MS 39205-0220 (601) 359-3680 Email: jclay@ago.state.ms.us TERMINATED: 08/24/1998 LEAD ATTORNEY ATTORNEY TO BE NOTICED
Leonard Charlton Vincent MISSISSIPPI DEPARTMENT OF CORRECTIONS P O Box 38 Parchman, MS 38738 (662) 745-6611 Email: lvincent@mdoc.state.ms.us LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by James F. Steel (See above for address) TERMINATED: 08/24/1998 LEAD ATTORNEY ATTORNEY TO BE NOTICED
John L. Clay (See above for address) TERMINATED: 08/24/1998 LEAD ATTORNEY ATTORNEY TO BE NOTICED
Leonard Charlton Vincent (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

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Steve W. Puckett
Defendant Eddie Lucas
Defendant A. M. Phillips

represented by James F. Steel (See above for address) TERMINATED: 08/24/1998 LEAD ATTORNEY ATTORNEY TO BE NOTICED
John L. Clay (See above for address) TERMINATED: 08/24/1998 LEAD ATTORNEY ATTORNEY TO BE NOTICED
Leonard Charlton Vincent (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by James F. Steel (See above for address) TERMINATED: 08/24/1998 LEAD ATTORNEY ATTORNEY TO BE NOTICED
John L. Clay (See above for address) TERMINATED: 08/24/1998 LEAD ATTORNEY ATTORNEY TO BE NOTICED
Leonard Charlton Vincent (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by James F. Steel (See above for address) TERMINATED: 08/24/1998 LEAD ATTORNEY ATTORNEY TO BE NOTICED
John L. Clay (See above for address) TERMINATED: 08/24/1998 LEAD ATTORNEY ATTORNEY TO BE NOTICED
Leonard Charlton Vincent (See above for address)

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Plaintiff Alexis D. Belafonte Plaintiff Martin Groot
Plaintiff Willie Naylor

LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Jessica Feierman (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Jessica Feierman (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Robert B. McDuff ROBERT B. MCDUFF, ATTORNEY 767 North Congress Street Jackson, MS 39202 (601) 969-0802 Email: rbm@mcdufflaw.com LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Jessica Feierman (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Robert B. McDuff (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Date Filed 05/29/1990 05/29/1990 05/29/1990 05/29/1990

#

Docket Text

1 Original file, certified copy of transfer order and docket sheet received from District of Southern Mississippi (jta) (Entered: 11/06/1992)
1 ORDER, Transferring cause from Southern District, Misc. #90-77 ( signed by Magistrate Judge Singletary on 5/22/90) (jta) (Entered: 11/06/1992)
2 CERTIFICATE of Clerk of Documents on record in Southern District (jta) (Entered: 11/06/1992)
3 Letter dated 4-20-90 to Mrs. Louise Manning, Custodian of Prisoner Accounts, Parchman, MS regarding document as to petitioner's financial status. (jta) (Entered: 11/06/1992)

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05/29/1990 05/29/1990 05/29/1990 07/05/1990 08/29/1990 08/30/1990 09/11/1990 09/12/1990 10/03/1990 10/12/1990
10/19/1990 10/19/1990 10/25/1990 05/10/1991 05/10/1991 07/16/1991 09/24/1991

4 PRISONER COMPLAINT challenging conditions of confinement; jury demand CASE REFERRED to Magistrate Judge Jerry A. Davis (jta) (Entered: 11/06/1992)
NOTICE OF ASSIGNMENT Chief Judge L. T. Senter Jr. and Magistrate Judge Jerry A. Davis (jta) Modified on 11/09/1992 (Entered: 11/06/1992)
4 MOTION by David Darrell Moore, Elton Banks, Eddie Ray Gowdy to Proceed in Forma Pauperis (jta) (Entered: 11/06/1992)
5 MOTION by David Darrell Moore, Elton Banks, Eddie Ray Gowdy for Temporary Restraining Order and Preliminary Injunction (jta) (Entered: 11/06/1992)
6 ORDER granting [4-1] motion to Proceed in Forma Pauperis, set Spears/Evidentiary Hearing for 9:00 10/10/90 Parchman ( signed by Magistrate Judge Jerry A. Davis on 8/27/90) (jta) (Entered: 11/06/1992)
7 ORDER denying [5-1] motion for Temporary Restraining Order and Preliminary Injunction ( signed by Chief Judge L. T. Senter Jr. on 8/29/90) COB # 62 pg. 177 (jta) (Entered: 11/06/1992)
8 NOTICE OF APPEAL of [7-1] order by David Darrell Moore Appeal record due on 10/11/90 (jta) (Entered: 03/07/1994)
Certified and transmitted Record on Appeal to U.S. Court of Appeals: [8-1] appeal by David Darrell Moore (jta) (Entered: 11/06/1992)
9 MOTION by David Darrell Moore for Appointment of Counsel (jta) (Entered: 11/06/1992)
10 REPORT AND RECOMMENDATIONS of Magistrate Judge Jerry A. Davis recommending cause be dismissed as frivolous. Case no longer referred to Magistrate Judge Jerry A. Davis Objections to R and R due by 10/25/90 (jta) (Entered: 11/06/1992)
11 CIVIL MINUTES for: Spears Evidentiary Hearing held 10-10-90 before Magistrate Judge Davis. (jta) (Entered: 11/06/1992)
Spears/Evidentiary Hearing held (jta) (Entered: 11/06/1992)
12 OBJECTION to [10-1] report and recommendations by David Darrell Moore (jta) (Entered: 11/06/1992)
13 JUDGMENT OF USCA (certified copy) issued as Mandate 5-8-91 Affirming judgment of District Court Re: [8-1] appeal by David Darrell Moore (jta) (Entered: 11/06/1992)
Record on Appeal returned from U.S. Court of Appeals: [8-1] appeal (jta) (Entered: 11/06/1992)
14 ORDER, Directing court reporter (Nina Horne) to transcribe and file record of proceedings before Magistrate Davis on 10-10-90 at Parchman ( signed by Chief Judge L. T. Senter Jr. on 7/16/91) (jta) (Entered: 11/06/1992)
14 TRANSCRIPT of Proceedings held before Magistrate Judge Davis filed for dates of 10/10/90 (jta) (Entered: 11/09/1992)

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11/18/1991 11/18/1991
11/18/1991 11/29/1991
12/05/1991 02/07/1992
11/06/1992
11/06/1992 11/09/1992 11/27/1992
11/27/1992 01/06/1993 01/06/1993 04/13/1993 05/04/1993 06/07/1993 06/14/1993 06/14/1993

15 MEMORANDUM OPINION ( signed by Chief Judge L. T. Senter Jr. on 11/15/91) (jta) (Entered: 11/09/1992)
16 ORDER ADOPTING and APPROVING [10-1] report and recommendations denying [9-1] motion for Appointment of Counsel, Dismissing this action ( signed by Chief Judge L. T. Senter Jr. on 11//15/92) COB # 65 pg. 200 (jta) (Entered: 11/09/1992)
Case closed (jta) (Entered: 11/09/1992)
17 NOTICE OF APPEAL of [16-1] order Dismissing this action by David Darrell Moore and Elton Banks. Appeal record due on 12/30/91 (jta) Modified on 11/09/1992 (Entered: 11/09/1992)
Certified and transmitted Record on Appeal to U.S. Court of Appeals: [17-1] appeal by David Darrell Moore (jta) (Entered: 11/09/1992)
18 JUDGMENT OF USCA (certified copy) Re: [17-1] appeal by David Darrell Moore; Dismissing appeal for want of prosecution as to Elton Banks only. Appeal still pending as to David Darrell Moore. (jta) (Entered: 11/09/1992)
19 ORDER, Appointing Counsel to Represent Plaintiffs; Attorney Ronald R. Welch ( signed by Magistrate Judge Jerry A. Davis on 11/5/92) (jta) (Entered: 11/09/1992)
Case reopened (jta) (Entered: 11/09/1992)
Converted to ICMS (jta)
20 JUDGMENT OF USCA (certified copy) Issued as Mandate 11/24/92 Reversing USDC denial of Motion for Counsel; affirming judgment of USDC insofar as it dismisses the privacy and loss of privileges claims; VACATING dismissal of the complaint as frivolous and REMANDING cause to USDC for further proceedings Re: [17-1] appeal by David Darrell Moore (jta)
Record on Appeal returned from U.S. Court of Appeals: [17-1] appeal (jta)
21 MOTION to Intervene by Alexis D. Belafonte, Martin Groot, Willie Naylor Copy mailed to Honorable Ron Welch (jta) Modified on 01/06/1993
22 MOTION by Alexis D. Belafonte, Martin Groot to Proceed in Forma Pauperis (jta)
23 MOTION by Elton Banks, David Darrell Moore to Compel plaintiffs' attorney, Ron Welch, to prosecute (jta)
24 MOTION by Elton Banks, David Darrell Moore to Dismiss Attorney Welch , for Appointment of New Counsel (jta)
25 ORDER denying [24-1] motion to Dismiss Attorney Welch ( signed by Magistrate Judge Jerry A. Davis on 6/4/93) (jta)
CASE REFERRED to Magistrate Judge Jerry A. Davis (fcc)
26 ORDER, in accordance with the Fifth Circuit judgment of 11/24/92, referring plaintiff's complaint to U.S. Magistrate Judge Jerry A. Davis for further proceedings. ( signed by Chief Judge L. T. Senter Jr. on 6/10/93) (fcc)

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06/14/1993
06/16/1993 06/18/1993 06/28/1993
06/28/1993 07/02/1993 07/09/1993 07/09/1993
07/21/1993 07/28/1993
08/19/1993 09/01/1993 09/10/1993 09/20/1993 09/23/1993

Motion(s) no longer referred: [24-2] motion for Appointment of New Counsel, [23-1] motion to Compel plaintiffs' attorney, Ron Welch, to prosecute, [22-1] motion to Proceed in Forma Pauperis, [21-1] motion to Intervene by Alexis D. Belafonte, Martin Groot, Willie Naylor (fcc)
27 MOTION by Elton Banks, David Darrell Moore To Reconsider Order by Magistrate Judge Davis on June 4, l993 (jta)
28 ORDER denying [27-1] motion To Reconsider Order by Magistrate Judge Davis on June 4, l993 ( signed by Magistrate Judge Jerry A. Davis on 6/17/93) (jta)
29 ORDER in acordance with directive of th U. S. Court of Appeals for the Fifth Circuit; directing the clerk to issued process for all defendants; service by U. S. Marshal; scheduling order to be issued once the answer is filed; no discovery until scheduling order is issued. ( signed by Magistrate Judge Jerry A. Davis on 6/25/93) (fcc)
SUMMONS(ES) issued for A. M. Phillips, Eddie Lucas, Steve W. Puckett, Leroy Black, Ray Mabus; svc. by U.S.Marshal (fcc)
Notice by MDOC that s/c for Lee Roy Black returned to USM - no longer employed by MDOC (jta)
30 SUMMONS Returned Executed as to A. M. Phillips, Eddie Lucas, Steve W. Puckett 7/1/93 Answer due on 7/21/93 for Steve W. Puckett, for Eddie Lucas, for A. M. Phillips (fcc)
Copy of Letter dtd 7/1/93, from MDOC Legal Secretary to U. S. Marshal, returning summons and complaint as to Lee Roy Black unexecuted; no longer employed at MDOC; last known address 5422 W. Bay Center Dr., Suite 101, Tampa, FL 33609. (fcc)
31 MOTION by A. M. Phillips, Eddie Lucas, Steve W. Puckett, Kirk Fordyce to Extend Time to respond to complaint (jta)
32 ORDER granting [31-1] motion to Extend Time to respond to complaint, reset Answer deadline to 7/27/93 for Kirk Fordyce, for Steve W. Puckett, for Eddie Lucas, for A. M. Phillips ( signed by Magistrate Judge Jerry A. Davis on 7/27/93) (jta)
33 Summons returned unexecuted 8/17/93 as to Leroy Black, Kirk Fordyce at the request of plaintiff in his letter dated 8/16/93 (attached to process) (fcc)
34 MOTION by David Darrell Moore for Alias Summonses to issue for Kirk Fordyce and Lee Roy Black with service by U. S. Marhsal (fcc)
35 ORDER denying [34-1] motion for Alias Summonses to issue for Kirk Fordyce and Lee Roy Black with service by U. S. Marhsal ( signed by Magistrate Judge Jerry A. Davis on 9/9/93) (fcc)
Status Conference set at 1:40 12/17/93 Parchman before Magistrate Judge Jerry A. Davis (jta)
36 ANSWER to Complaint by A. M. Phillips, Eddie Lucas, Steve W. Puckett, Kirk Fordyce (Attorneys John Clay and Leonard Vincent), (fcc)

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11/10/1993
11/24/1993 11/24/1993 11/24/1993 02/04/1994 05/06/1994 01/30/1995 01/30/1995 01/30/1995 06/07/1995
06/07/1995 06/08/1995 06/12/1995 06/13/1995 06/26/1995 06/28/1995

Copy of Letter dated 11/8/93 received from plaintiff Moore, addressed to Magistrate Judge Davis requesting the presence of inmates Willie Naylor #86088, Alexis D. Belafonte #68702, and Martin Groot #54288 at status conference scheduled for 11/17/93 at Parchman. (fcc)
37 CIVIL MINUTES for: Status Conference held 11/17/93 before Magistrate Judge Davis; Court Reporter Betty Jean Sykes: Discovery to be completed by 5/1/94; Pretrial Motions to be filed by 6/1/94; Scheduling Order to follow. (jta)
38 ORDER, set Discovery deadline to 5/1/94 , set Pretrial Order deadline to 6/1/94; jury trial will be set by further order of the court ( signed by Magistrate Judge Jerry A. Davis on 11/23/93) (jta) Modified on 02/07/1994
Status Conference held before Magistrate Judge Jerry A. Davis (jta)
Letter to plaintiffs Groot,Naylor and Belafonte re consent to trial before U. S. Magistrate Judge Davis or waive jury demand. (jta)
Letter dtd 5/2/94 from plaintiff, relative to conditions of confinement referred to Law Clerk. (fcc)
39 ORDER granting [21-1] motion to Intervene by Alexis D. Belafonte, Martin Groot, Willie Naylor ( signed by Magistrate Judge Jerry A. Davis on 1/26/95) Date of Entry: 1/30/95 (fcc)
40 ORDER denying as moot [23-1] motion to Compel plaintiffs' attorney, Ron Welch, to prosecute ( signed by Magistrate Judge Jerry A. Davis on 1/26/95) Date of Entry: 1/30/95 (fcc)
41 ORDER denying as moot [24-2] motion to Dismiss and for Appointment of New Counsel signed by Magistrate Judge Jerry A. Davis on 1/26/95) Date of Entry: 1/30/95 (fcc)
42 REPORT AND RECOMMENDATIONS of Magistrate Judge Jerry A. Davis recommending that plaintiff Willie Naylor's motion for TRO and/or PI be denied at this time, with the understanding that court-appointed counsel may resubmit the motion if he determines the claim is meritorious. Case no longer referred to Magistrate Judge Jerry A. Davis Objections to R and R due by 6/20/95 (jta)
CASE REFERRED back to Magistrate Judge Jerry A. Davis (jta)
43 MOTION by Willie Naylor for Temporary Restraining Order and/or Preliminary Injunction (jta)
NOTICE of receipt of the Report and Recommendation dated June 6, 1995 by Willie Naylor (jta)
44 DEFENDANTS' RESPONSE to [43-1] motion for Temporary Restraining Order and/or Preliminary Injunction by Willie Naylor (jta)
Copy of letter dated 6/23/95, addressed to Chief Judge Senter, regarding Agreed Judgment of Settlement Order and Dismissal (fcc)
45 AGREED JUDGMENT OF SETTLEMENT AND DISMISSAL, with court retaining jurisdiction to receive and approve the plans as directed; case to be dismissed after two-year maintenance period upon submission of agreed order or

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06/28/1995 06/29/1995 06/29/1995 06/30/1995 09/18/1995
09/22/1995 07/15/1996 09/05/1996 09/06/1996
09/06/1996 10/18/1996 03/25/1997
04/01/1997
04/17/1997
04/17/1997 04/25/1997

upon motion of defendants, unless good cause to the contrary can be shown ( signed by Chief Judge L. T. Senter Jr. on 6/28/95) Date of Entry: 6/28/95 (jta)
Case closed (jta)
Status Conference set at 11:00 7/5/95 Greenville before Magistrate Judge Jerry A. Davis (jta)
46 Letter MOTION by Willie Naylor for Reconsideration of [45-1] judgment order (fcc) (Entered: 07/03/1995)
Mail addressed to Alexis D. Belfonte, MDOC, Parchman RETURNED "Released on Medical release". (jta)
47 ORDER accepting Defendants' Proposed Plan and Phase-In Timetable submitted in compliance with the Agreed Judgment and in settlement of this matter. [copy attached] ( signed by Chief Judge L. T. Senter Jr. on 9/15/95) Date of Entry: 9/18/95 (fcc)
Mail dtd 9/18/95, addressed to Alexis D. Belafonte returned marked "Released;Returned to Sender" (fcc)
48 Class Counsel's Report to the Court (fcc)
49 MOTION by plaintiff class counsel to Show Cause Why Defendants Should not be Held in Contempt, For Sanctions, And for Other Relief (jta)
Corrected page 16 "Certificate of Service" received and attached to Motion for Order to Show Cause, as requested by Attorney Ron Welch, Class Counsel for plaintiffs. (jta)
50 Plaintiffs' REQUEST for Admissions to Defendants by Class Counsel Ron Welch. (jta)
51 CONTEMPT MOTION PROGRESS REPORT TO THE COURT filed by attorney for class, Ron Welch (fcc) (Entered: 10/21/1996)
52 ORDER, for defendants to Show Cause w/i 30 da. from the date of this order why they should not be held in contempt for failure to comply with the 1995 agreed judgment ( signed by Magistrate Judge Jerry A. Davis on 3/24/97) Date of Entry: 3/25/97 (fcc)
53 DEFENDANTS' REPORT TO THE COURT to [52-1] order for defendants to Show Cause w/i 30 da. from the date of this order why they should not be held in contempt for failure to comply with the 1995 agreed judgment (fcc) Modified on 04/01/1997
54 MOTION by Eddie Ray Gowdy, Elton Banks, David Darrell Moore to Amend [4-1] prisoner complaint to Add Additional Necessary Defendants, John Beck and Tommy Ross (jta)
55 MOTION by Eddie Ray Gowdy, Elton Banks, David Darrell Moore for Attorney Fees (jta)
56 MOTION by Kirk Fordice, et al to Extend Time to Respond to Plas' Motion to Add Additional Necessary Dfts and to Respond to Plas' Verified Motion for Order Awarding Atty's Fees (fcc)

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04/30/1997
05/20/1997 05/20/1997
05/21/1997 10/08/1997 10/09/1997 10/14/1997 10/14/1997
11/17/1997 11/18/1997 11/18/1997

57 ORDER granting [56-1] motion to Extend Time to Respond to Plas' Motion to Add Additional Necessary Dfts and to Respond to Plas' Verified Motion for Order Awarding Atty's Fees, Response to Motion reset to 5/20/97 for [55-1] motion for Attorney Fees, reset to 5/20/97 for [54-1] motion to Amend [4-1] prisoner complaint to Add Additional Necessary Defendants, John Beck and Tommy Ross ( signed by Magistrate Judge Jerry A. Davis on 4/29/97) Date of Entry: 4/30/97 (jta)
58 RESPONSE/OBJECTION by A. M. Phillips, Eddie Lucas, Steve W. Puckett, Leroy Black, Kirk Fordice Re: [55-1] motion for Attorney Fees by David Darrell Moore, Elton Banks, Eddie Ray Gowdy (jta)
58 RESPONSE in opposition to [54-1] motion to Amend [4-1] prisoner complaint to Add Additional Necessary Defendants, John Beck and Tommy Ross by David Darrell Moore, Elton Banks, Eddie Ray Gowdy [marked filed but inadvertently ommitted from entry] (fcc) Modified on 12/09/1997 (Entered: 12/09/1997)
59 MOTION by Eddie Ray Gowdy, Elton Banks, David Darrell Moore for Judgment on the Pleadings (jta)
60 SECOND VERIFIED MOTION by class counsel for Attorney Fees Judgment on the Pleadings, for Related, Supplemental Relief, and Brief in Support (fcc) (Entered: 10/09/1997)
CASE NO LONGER REFERRED TO Magistrate Judge Jerry A. Davis (fcc)
NOTICE of Filing Additional Attorney Affidavit of William F. Winter to Second Verified Motion for Atty's Fees Judgment on the Pleadings, dtd 10/7/97, by David Darrell Moore, et al(fcc) Modified on 10/15/1997
61 AFFIDAVIT OF WILLIE F. WINTER to Exhibit B of plas' 2nd Verified Motion for Atty's Fees Judgment on the Pleadings, dtd 10/7/97, by David Darrell Moore Re: [60-1] motion for Attorney Fees Judgment on the Pleadings, for Related, Supplemental Relief, and Brief in Support (fcc)
62 NOTICE of Attorney Appearance for A. M. Phillips, Eddie Lucas, Steve W. Puckett, Leroy Black, Kirk Fordice by James F. Steel, SAAG (fcc) (Entered: 11/18/1997)
Consolidated Member Case . Lead Case Number: 4cv71 06 (fcc)
63 AGREED ORDER, on joint ore tenus motion of the parties, to consolidate, and on the two motions of pla's court-appointed counsel for post-judgment awards of atty's fees; CONSOLIDATING Moore (4:90cv125-S-D) subclass case with Gates (4:71cv06-S-D); CERTIFYING Moore as a subclass of the larger class already certified in Gates: "All HIV-positive inmates sentenced to the custody of the MDOC..."; all future pleadings pertaining to Moore shall have the same heading, styled, and numbers as that of this order; directing the clerk to effectuate this order of consolidation and certification of subclass; that in full agreed settlement of plas' first and second verified motions and for all addtl. atty time and expense to date, dfts shall pay Ronald Reid Welch, P.A., the sum of $18,750.00 NLT 6/31/98, with legal judgment interest to be paid from the date of this order until paid in full; that a separate final judgment order for the fees awarded in Para. 5 shall issue this day from the court and filed by the clerk; that the parties obligate

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11/18/1997 02/02/1998 08/24/1998 08/24/1998 02/11/1999
02/26/1999 03/03/1999
03/08/1999 03/19/1999

themselves to seek in good faith an informal resolution to any dispute in this case prior to instituting any legal action relative thereto. ( signed by Chief Judge L. T. Senter Jr. on 11/17/97) COB # 81 pg. 298-300 Date of Entry: 11/18/97 (fcc) Modified on 11/19/1997
64 FINAL JUDGMENT in Moore v. Fordice on the first and second verified motions of plas for post judgment atty's fees and costs to date, directing the dfts shall pay Ronald Reid Welch, P.A., the sum of $18,750.00 NLT June 31, 1998, with legal judgment interest to be paid from the date of this order until paid in full. ( signed by Chief Judge L. T. Senter Jr. on 11/17/97) COB # 81 pg. 301 Date of Entry: 11/18/97 (fcc)
Mail addressed to Joseph Wright RETURNED marked "Released". (jta)
65 ORDER OF REFERENCE AND STIPULATION of Consent to Trial of All Post-Judgment Matters by United States Magistrate Judge Jerry A. Davis in Consolidated Cases. ( signed by Judge Glen H. Davidson on 8/19/98) Date of Entry: 8/24/98 (fcc)
CASE REFERRED to Magistrate Judge Jerry A. Davis for trial (fcc)
66 ORDER granting [211-1] motion for Margaret Winter (LEAD) and Jerome Wesevich to Appear Pro Hac Vice in association with Jane Hicks in the "Moore" litigation 4:90cv125; designating Margaret Winter as the (LEAD) counsel for intervenors, directing the Clerk and other counsel to include Atty Winter in the list of attys to be notified of any proceedings affecting the Moore subclass; setting deadline for dfts and "Moore" class counsel to respond to the "Emergency Motion to Intervene for the Purpose of Challenging Adequacy of Class Rep." until 2/19/99; counsel for intervenors may file a written reply by 5:00 p.m. at the close of second business day after receiving a response from either class counsel or dfts; the motion will be heard on 2/26/99 at 10:00 a.m. Aberdeen ( signed by Magistrate Judge Jerry A. Davis on 2/10/99) Date of Entry: 2/22/99 (fcc) (Entered: 02/23/1999)
Case reopened per Magistrate Judge Davis (fcc)
Motion hearing re: [210-1] motion to Intervene for the purpose of challenging adequacy of class representation by to case(s) 4:71-cv-00006, Steven Houston in 4:71-cv-00006, Carl Lee Johnson in 4:71-cv-00006, Tobie Krohe in 4:71-cv-00006, Theodus Lindsey in 4:71-cv-00006, Steven G. Miller in 4:71-cv-00006, James Moffett in 4:71-cv-00006, Alfred Nelson in 4:71-cv-00006, Jesse Peters in 4:71-cv-00006, Robert Shaw in 4:71-cv-00006, Robert L. White in 4:71-cv-00006 set for video conferencing at 10:00 3/25/99 Location: Oxford before Magistrate Judge Jerry A. Davis (fcc) Modified on 03/19/1999 (Entered: 03/15/1999)
Letter dtd 3/4/99, from Court Appointed Class Counsel, Ron Welch, stating no objection to filing only in the LEAD case (4:71cv6-JAD) on matters involving the "Emergency Motion to Intervene on Behalf of Ten Disident Class Mbrs., etc.", in the Moore v. Fordice, Member Case (4:90cv125-JAD) [re: Clerk's Ltr. of Inquiry dtd 3/2/99] (fcc) Modified on 03/10/1999 (Entered: 03/09/1999)
67 CIVIL MINUTES for: Hrg. on Motion of Intervenors as of 2/26/99; Court Reporter: n/a; At the scheduled time for the hearing on the motion of intervenors,

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07/19/1999

it was determined that the parties were not ready to proceed and the hearing was rescheduled for 10:00 a.m. on March 25, 1999, in Oxford. (fcc) Modified on 09/28/1999
NOTICE of address change as of 4/19/99: from Tyrone Porter #16344, Unit 32B, Parchman, MS 38738 to 297 South 31st, Apt. 62, West Memphis, AR 72301 (fcc) (Entered: 04/05/1999)
68 ORDER directing court reporter, Cecily Faulkner, to transcribe the proceedings held on an emergency motion to intervene by the ACLU held on March 25 and 26 and April 1, 1999, before Magistrate Judge Jerry A. Davis; costs to be paid by the government. ( signed by Magistrate Judge Jerry A. Davis on 6/02/99) Date of Entry: 6/03/99 (fcc) Modified on 09/28/1999
104 REPORT (Letter dtd July 6, 1999) by Class Counsel to the Court on MSP Unit 28 Camp Repairs Necessitating Temporary Transfer of Unit 28 HIV+ Inmates to Unit 23 (fcc) (Entered: 01/11/2000)
69 MOTION for Donna H. Lee to Appear Pro Hac Vice in association with Jane Hicks and Margaret Winter attorneys for Plaintiff-Intervenors (fcc) Modified on 09/28/1999
70 AFFIDAVIT of Donna H. Lee in support of Re: [242-1] motion for Donna H. Lee to Appear Pro Hac Vice in association with Jane Hicks and Margaret Winter attorneys for Plaintiff-Intervenors in 4:71-cv-00006, 4:90-cv-00125 (fcc) Modified on 09/28/1999 (Entered: 07/14/1999)
71 ORDER granting [242-1] motion for Donna H. Lee to Appear Pro Hac Vice in association with Jane Hicks and Margaret Winter attorneys for Plaintiff-Intervenors in 4:71-cv-00006, 4:90-cv-00125 ( signed by Magistrate Judge Jerry A. Davis on 7/13/99) Date of Entry: 7/14/99 (fcc) Modified on 09/28/1999
72 MEMORANDUM OPINION ( signed by Magistrate Judge Jerry A. Davis on 7/16/99) (fcc) Modified on 09/28/1999
73 ORDER granting [223-1] motion for Preliminary Injunction in 4:71-cv-00006, granting [216-1] motion for Preliminary Injunction to require dfts to provide HIV-positive prisoners w/constitutionally adequate medical care. in 4:71-cv-00006, directing that all inmates not currently on triple drug therapy shall be tested for viral load w/i 14 da. and placed on the appropriate triple drug therapy, as indicated , that dfts shall adopt written protocols to implement the standard of care for the treatment of HIV+ inmates w/i 30 da., etc. , that Dr. Stanley Chapman shall file reports with this court on dfts' progress in implementing the required treatment of HIV+ inmates, etc. , that upon proper documentation, Class Counsel may file a motion for judicial enforcement of this order , that IAW 18 USC Sec.3626(a), this court will entertain a motion by any party to enter an injunction succeeding or modifying this order ( signed by Magistrate Judge Jerry A. Davis on 7/16/99) COB # 84 pg. 248-249 Date of Entry: 7/19/99 (fcc) Modified on 09/28/1999
74 TRANSCRIPT filed (Vols. I & II) of Emergency Motion to Intervene, taken before Magistrate Judge Jerry A. Davis for dates of March 25-26, 1999 (re: Doc.#210) (fcc) Modified on 09/28/1999

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08/30/1999 08/31/1999 09/02/1999 09/02/1999 09/03/1999 09/08/1999 09/10/1999 09/10/1999 09/16/1999

75 MOTION by attorneys for movants to Extend Time to file a motion for costs and attorney's fees (fcc) Modified on 09/28/1999
ORDER denying [210-1] motion to Intervene for the purpose of challenging adequacy of class representation by [MOORE CLASS MOVANTS re: 4:90CV125-JAD] to case(s) 4:71-cv-00006, Steven Houston in 4:71-cv-00006, Carl Lee Johnson in 4:71-cv-00006, Tobie Krohe in 4:71-cv-00006, Theodus Lindsey in 4:71-cv-00006, Steven G. Miller in 4:71-cv-00006, James Moffett in 4:71-cv-00006, Alfred Nelson in 4:71-cv-00006, Jesse Peters in 4:71-cv-00006, Robert Shaw in 4:71-cv-00006, Robert L. White in 4:71-cv-00006 ( signed by Magistrate Judge Jerry A. Davis on 8/6/99) COB # 85 pg. 8 Date of Entry: 8/11/99 (fcc) Modified on 09/28/1999 (Entered: 08/11/1999)
76 MOTION by (proposed intervenors') Steven Houston, et al in 4:71-cv-6 consolidated w/4:90cv125 for attorneys' fees (fcc) Modified on 09/28/1999 (Entered: 08/31/1999)
77 Plas' Class Counsel (Ron Welch) Summary Status Report dtd 8/30/99, to the Court on All Consolidated Cases: 4:71cv6 (LEAD); 4:73cv76; 4:82cv64; 4:95cv283; 4:90cv125 (fcc) Modified on 09/28/1999
78 NOTICE OF APPEAL of [260-1] order in 4:71-cv-00006 by Robert Shaw in 4:71-cv-00006, Willie Gaines in 4:90cv125, Martin Groot in 4:90-cv-00125 and others. Appeal record due on 10/2/99 in 4:71-cv-00006, in 4:90-cv-00125 (fcc) Modified on 09/28/1999
Notice of Appeal and certified copy of docket to USCA: [267-1] appeal by Martin Groot, Robert Shaw, Willie Gaines and others in 4:71-cv-00006, [78-1] appeal by Martin Groot, Robert Shaw, Willie Gaines and others in 4:90-cv-00125 (fcc)
Filing Fee Paid on appeal "Moore v. Fordice"; FILING FEE $ 105.00 RECEIPT # 51454 (fcc)
79 DEFENDANTS' MOTION to Extend Time to Respond to Proposed Interventors' Motion for Attys' Fees (re:Doc.#265,#76) (fcc) Modified on 09/28/1999
Transcript requested of 2/26/99 hearing before Magistrate Jerry A. Davis [267-1] appeal by Martin Groot, Robert Shaw in 4:71-cv-00006, [78-1] appeal by Martin Groot, Robert Shaw in 4:90-cv-00125 Transcript due 10/10/99 in 4:71-cv-00006, in 4:90-cv-00125 (fcc)
Transcript requested of Status Conference held 11/17/93 before Magistrate Judge Jerry A. Davis [267-1] appeal by Martin Groot, Robert Shaw in 4:71-cv-00006, [78-1] appeal by Martin Groot, Robert Shaw in 4:90-cv-00125 Transcript due 10/10/99 in 4:71-cv-00006, in 4:90-cv-00125 (fcc)
80 ORDER granting [270-1] motion to Extend Time to Respond to Proposed Interventors' Motion for Attys' Fees in 4:71-cv-00006, 4:90-cv-00125, granting [75-1] motion to Extend Time to file a motion for costs and attorney's fees in 4:90-cv-00125, Response to Motion reset to 10/6/99 in 4:71-cv-00006, in 4:90-cv-00125 for [265-1] motion for attorneys' fees in 4:71-cv-00006, reset to 10/6/99 in 4:71-cv-00006, in 4:90-cv-00125 for [76-1] motion for attorneys' fees in 4:90-cv-00125 ( signed by Magistrate Judge Jerry A. Davis on 9/15/99) Date

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09/20/1999 09/26/1999 09/30/1999 10/08/1999 10/08/1999 10/15/1999 11/09/1999 11/15/1999 12/09/1999 12/09/1999 12/09/1999 12/09/1999
12/13/1999
12/14/1999

of Entry: 9/16/99 (fcc) Modified on 09/28/1999
USCA Case Number Re: [267-1] appeal by Martin Groot, Robert Shaw in 4:71-cv-00006, [78-1] appeal by Martin Groot, Robert Shaw by Willie Gaines in 4:90-cv-00125 USCA NUMBER: 99-60609 (fcc)
81 RESPONSE in opposition to [274-1] motion for Order Awarding May, June, and July 1999 Atty's Fees in 4:71-cv-00006, [76-1] motion for attorneys' fees by Steven Houston in 4:90-cv-00125 (fcc) (Entered: 09/28/1999)
82 TRANSCRIPT filed of Status Conference held before Magistrate Judge Jerry A. Davis for dates of November 17, 1993 (fcc)
83 TRANSCRIPT filed of proceedings held before Magistrate Judge Davis (Emergency Motion to Intervene) for dates of February 26, 1999, (fcc)
Certified and transmitted Record on Appeal to U.S. Court of Appeals: [272-1] appeal by Martin Groot, Robert Shaw in 4:71-cv-00006, [78-1] appeal by Martin Groot, Robert Shaw in 4:90-cv-00125 (fcc)
USCA Case Number Re: [272-1] appeal by Martin Groot, Robert Shaw in 4:71-cv-00006, [78-1] appeal by Martin Groot, Robert Shaw in 4:90-cv-00125 USCA NUMBER: 99-60609 (fcc)
Transmitted Supplemental Record on Appeal: [272-1] appeal by Willie Gaines, Martin Groot, Robert Shaw in 4:71-cv-00006, [78-1] appeal by Willie Gaines, Martin Groot, Robert Shaw in 4:90-cv-00125 (See: Letter dtd 11/9/99) (fcc)
NOTICE of Docketing "Supplemental" ROA dtd 11/10/99 from USCA Re: [78-1] appeal by Martin Groot, Robert Shaw USCA Number: 99-60609 (fcc)
84 MOTION by Willie Naylor in 4:90-cv-00125, Martin Groot in 4:90-cv-00125 for Margaret Winter to Appear Pro Hac Vice with Jane Hicks (fcc)
85 DECLARATION of Margaret Winter in support of Motion for Admission Pro Hac Vice (RE: Doc.#295) (fcc)
86 RENEWED MOTION by Willie Naylor in 4:90-cv-00125, Martin Groot in 4:90-cv-00125 for ACLU National Prison Project to substitute as counsel for the class of HIV-positive prisoners at MDOC (fcc) Modified on 12/21/1999
87 RENEWED MOTION by Steven Houston in 4:71-cv-00006, Carl Lee Johnson in 4:71-cv-00006, Robert Shaw in 4:71-cv-00006, Robert L. White in 4:71-cv-00006 to allow the ACLU National Prison Project to represent the interest of the HIV-positive inmates at Parchman and to Intervene by Otis Fairley in 4:90-cv-00125 (fcc) Modified on 12/21/1999
Letter dtd 12/13/99, from Margaret Winter requesting removal of a confidential and privileged document inadvertently attached to the Declaration of Margaret Winter, being a one-page affidavit by a single inmate, notarized 11/29/99, (removed and returned to atty as requested - see Clerk's letter dtd 12/13/99) (fcc) Modified on 02/15/2000 (Entered: 12/14/1999)
88 MOTION by Court appointed Moore class counsel in 4:90-cv-00125 to supplement the record on appeal and for expedited ruling on motion (fcc)

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12/20/1999 12/20/1999
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12/23/1999

89 ORDER granting [300-1] motion to supplement the record on appeal and for expedited ruling on motion in 4:71-cv-00006, granting [88-1] motion to supplement the record on appeal and for expedited ruling on motion in 4:90-cv-00125, directing the clerk of court to prepare a supplement of the record on appeal, as soon as possible, containing the entirety of all of the docket sheet items requested ( signed by Magistrate Judge Jerry A. Davis on 12/16/99) Date of Entry: 12/17/99 (fcc)
90 DECLARATION AND RESPONSE of Court Appointed Counsel in Nazareth Gates in 4:71-cv-00006, David Darrell Moore in 4:90-cv-00125 in opposition to [298-1] motion to allow the ACLU National Prison Project to represent the interest of the HIV-positive inmates at Parchman and to Intervene by Otis Fairley in 4:90-cv-00125 by Robert L. White, Robert Shaw, Carl Lee Johnson, Steven Houston in 4:71-cv-00006, [297-1] motion for ACLU National Prison Project to substitute as counsel for the class of HIV-positive prisoners at MDOC by Martin Groot, Willie Naylor in 4:71-cv-00006 (fcc) (Entered: 12/20/1999)
92 MOTION by Nazareth (nmi) Gates in 4:71-cv-00006, David Darrell Moore in 4:90-cv-00125 in Limine to Dismiss Renewed Motion for Substitution/Intervention and to Impose Sanctions re: Doc.#297/#298 (fcc) Modified on 12/21/1999 (Entered: 12/21/1999)
93 RESPONSE by Nazareth Gates in 4:71-cv-00006, David Darrell Moore in 4:90-cv-00125 in opposition to [298-1] motion to allow the ACLU National Prison Project to represent the interest of the HIV-positive inmates at Parchman and to Intervene by Otis Fairley in 4:90-cv-00125 by Robert L. White, Robert Shaw, Carl Lee Johnson, Steven Houston in 4:71-cv-00006, [297-1] motion for ACLU National Prison Project to substitute as counsel for the class of HIV-positive prisoners at MDOC by Martin Groot, Willie Naylor in 4:71-cv-00006 (fcc) (Entered: 12/21/1999)
94 Copy of Class Counsel's letter dtd 12/28/99, regarding letter dtd 12/13/99, from Margaret Winter relative to a prisoner class member movant's affidavit filed in Exhibit A (fcc) (Entered: 12/21/1999)
91 SUPPLEMENTAL AFFIRMATIVE RESPONSES by Nazareth Gates in 4:71-cv-00006, David Darrell Moore in 4:90-cv-00125 in opposition to [298-1] motion to allow the ACLU National Prison Project to represent the interest of the HIV-positive inmates at Parchman and to Intervene by Otis Fairley in 4:90-cv-00125 by Robert L. White, Robert Shaw, Carl Lee Johnson, Steven Houston in 4:71-cv-00006, [297-1] motion for ACLU National Prison Project to substitute as counsel for the class of HIV-positive prisoners at MDOC by Martin Groot, Willie Naylor in 4:71-cv-00006 (fcc) Modified on 12/21/1999
95 SECOND SUPPLEMENTAL AFFIRMATIVE RESPONSES by Nazareth Gates in 4:71-cv-00006, David Darrell Moore in 4:90-cv-00125 in opposition to [298-1] motion to allow the ACLU National Prison Project to represent the interest of the HIV-positive inmates at Parchman and to Intervene by Otis Fairley in 4:90-cv-00125 by Robert L. White, Robert Shaw, Carl Lee Johnson, Steven Houston in 4:71-cv-00006, [297-1] motion for ACLU National Prison Project to substitute as counsel for the class of HIV-positive prisoners at MDOC by Martin Groot, Willie Naylor in 4:71-cv-00006 (fcc) (Entered: 12/27/1999)

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01/05/2000
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96 LETTER RESPONSE dtd 12/27/99, by Class Counsel to the HIV+ Moore Class Housed in MSP Unit 28, November 1999 Petition Numbering Nine Reasons for Belief that Class Counsel Ronald Welch Does Not Represent "Our Interests" (fcc)
ACKNOWLEDGEMENT OF RECEIPT of returned document via cert. mail by Margaret Winter, ACLUF to [0-0] remark in 4:71-cv-00006 (re: Clerk's letter dtd 12/13/99) (fcc)
97 REPLY by Steven Houston in 4:71-cv-00006, Carl Lee Johnson in 4:71-cv-00006, Robert Shaw in 4:71-cv-00006, Robert L. White in 4:71-cv-00006, Willie Naylor in 4:90-cv-00125, Martin Groot in 4:90-cv-00125 to response to [298-1] motion to allow the ACLU National Prison Project to represent the interest of the HIV-positive inmates at Parchman and to Intervene by Otis Fairley in 4:90-cv-00125 by Robert L. White, Robert Shaw, Carl Lee Johnson, Steven Houston in 4:71-cv-00006, 4:90-cv-00125, [297-1] motion for ACLU National Prison Project to substitute as counsel for the class of HIV-positive prisoners at MDOC by Martin Groot, Willie Naylor in 4:71-cv-00006, 4:90-cv-00125 (fcc)
98 JANUARY 3, 2000, SUPPLEMENTAL DECLARATION IN RESPONSE by Nazareth Gates in 4:71-cv-00006, David Darrell Moore in 4:90-cv-00125 in opposition to [298-1] motion to allow the ACLU National Prison Project to represent the interest of the HIV-positive inmates at Parchman and to Intervene by Otis Fairley in 4:90-cv-00125 by Robert L. White, Robert Shaw, Carl Lee Johnson, Steven Houston in 4:71-cv-00006, [297-1] motion for ACLU National Prison Project to substitute as counsel for the class of HIV-positive prisoners at MDOC by Martin Groot, Willie Naylor in 4:71-cv-00006 (fcc) (Entered: 01/07/2000)
99 ORDER, for ACLU to Show Cause on raised serious ethical questions regarding inmates at MSP hearing set at 1:00 p.m. 1/7/2000, Aberdeen, as to why sanctions should not be imposed ( signed by Magistrate Judge Jerry A. Davis on 1/5/00) Date of Entry: 1/7/00 (fcc) (Entered: 01/07/2000)
100 ORDER prohibiting the lawyers for the National Prison Project from contacting class members until the court has ruled on pending motions to substitute class counsel. ( signed by Magistrate Judge Jerry A. Davis on 1/5/00) Date of Entry: 1/7/00 (fcc) (Entered: 01/07/2000)
101 JANUARY 5, 2000, SUPPLEMENTAL DECLARATION IN RESPONSE by Class Counsel Nazareth Gates in 4:71-cv-00006, David Darrell Moore in 4:90-cv-00125 in opposition to [298-1] motion to allow the ACLU National Prison Project to represent the interest of the HIV-positive inmates at Parchman and to Intervene by Otis Fairley in 4:90-cv-00125 by Robert L. White, Robert Shaw, Carl Lee Johnson, Steven Houston in 4:71-cv-00006, [297-1] motion for ACLU National Prison Project to substitute as counsel for the class of HIV-positive prisoners at MDOC by Martin Groot, Willie Naylor in 4:71-cv-00006 (fcc) (Entered: 01/07/2000)
102 MOTION by Movants-Appellants Steven Houston in 4:71-cv-00006, Carl Lee Johnson in 4:71-cv-00006, Robert Shaw in 4:71-cv-00006, Robert L. White in 4:71-cv-00006 for Correction of the Record on Appeal and to Expedite Ruling on

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01/12/2000 01/18/2000
01/19/2000 01/19/2000
01/19/2000 01/24/2000 01/27/2000

Motion (fcc) (Entered: 01/07/2000)
Show Cause Hearing set at 1:00 1/7/00 in 4:71-cv-00006, in 4:90-cv-00125 before Magistrate Judge Jerry A. Davis (fcc)
"CORRECTED" VERIFIED MOTION by class counsel for Order Awarding December 1999 Attorney's Fees (fcc) Modified on 01/20/2000 (Entered: 01/10/2000)
103 ORDER, granting request of ACLU counsel, Robert B. McDuff, and continuing show cause hearing scheduled for January 7, 2000; and rescheduling hearing for 1:00 p.m., February 4, 2000, Oxford reset Show Cause Hearing for 1:00 2/4/00, Oxford in 4:71-cv-00006, in 4:90-cv-00125 , directing counsel for ACLU to file a written response to the court's show cause order by January 18 , any other party shall file their written responses by January 25, 2000 ( signed by Magistrate Judge Jerry A. Davis on 1/6/00) Date of Entry: 1/10/00 (fcc) Modified on 03/25/2002
Transmitted Supplemental Record on Appeal: [272-1] appeal by Martin Groot, Robert Shaw in 4:71-cv-00006, [78-1] appeal by Martin Groot, Robert Shaw in 4:90-cv-00125 (re: Doc.#301 (See Also: Clerk's Ltr. dtd 1/12/00) (fcc)
105 ORDER granting [317-1] motion for Correction of the Record on Appeal and to Expedite Ruling on Motion in 4:71-cv-00006, granting [102-1] motion for Correction of the Record on Appeal and to Expedite Ruling on Motion in 4:90-cv-00125, directing the clerk to prepare a Supplement to the Record on Appeal, consisting of docket No. 276, "Letter dated 9/9/99, from Class Counsel Ron Welch to Fifty-One 'Moore' Class Members'", entered 9/13/99, etc. ( signed by Magistrate Judge Jerry A. Davis on 1/18/00) Date of Entry: 1/19/00 (fcc) (Entered: 01/19/2000)
Transmitted Supplemental Record on Appeal: [272-1] appeal by Martin Groot, Robert Shaw in 4:71-cv-00006, [78-1] appeal by Martin Groot, Robert Shaw in 4:90-cv-00125 (re:Doc.#321) (fcc)
106 RESPONSE by Nazareth (nmi) Gates in 4:71-cv-00006, David Darrell Moore in 4:90-cv-00125 in opposition to [317-1] motion for Correction of the Record on Appeal and to Expedite Ruling on Motion by Robert L. White, Robert Shaw, Carl Lee Johnson, Steven Houston in 4:71-cv-00006, [102-1] motion for Correction of the Record on Appeal and to Expedite Ruling on Motion by Robert L. White, Robert Shaw, Carl Lee Johnson, Steven Houston in 4:90-cv-00125 (fcc)
107 RESPONSE by counsel for Respondents to [319-1] order reset Show Cause Hearing for 1:00 2/4/00, Oxford in 4:71-cv-00006, in 4:90-cv-00125 in 4:71-cv-00006, [103-1] order reset Show Cause Hearing for 1:00 2/4/00, Oxford in 4:71-cv-00006, in 4:90-cv-00125 in 4:90-cv-00125 (Note: Document separated from the record in its own binder) (fcc) Modified on 01/19/2000
NOTICE of Docketing Supplemental ROA dtd 1/12/00, from USCA Re: [272-1] appeal by Martin Groot, Robert Shaw in 4:71-cv-00006, [78-1] appeal by Martin Groot, Robert Shaw in 4:90-cv-00125 USCA Number: 99-60609 (fcc)
NOTICE of Docketing Supplemental ROA dtd January 19, 2000, from USCA Re: [272-1] appeal by Martin Groot, Robert Shaw in 4:71-cv-00006, [78-1]

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02/02/2000 02/07/2000 02/07/2000 02/07/2000

appeal by Martin Groot, Robert Shaw in 4:90-cv-00125 USCA Number: 99-60609 (fcc)
108 PLA'S REPLY TO SHOW CAUSE RESPONSE to [324-1] response in 4:71-cv-00006, [107-1] response in 4:90-cv-00125 (fcc) (Entered: 01/31/2000)
109 JANUARY 28, 2000 SUPLEMENTAL DECLARATION OF COURT APPOINTED CLASS COUNSEL IN REPLY TO SHOW CAUSE RESPONSE to [329-1] response in 4:71-cv-00006, [108-1] response in 4:90-cv-00125 (fcc)
110 ORDER denying [305-1] motion in Limine to Dismiss Renewed Motion for Substitution/Intervention and to Impose Sanctions in 4:71-cv-00006, 4:90-cv-00125 denying [298-1] motion to allow the ACLU National Prison Project to represent the interest of the HIV-positive inmates at Parchman and to Intervene by Otis Fairley in 4:90-cv-00125 in 4:71-cv-00006, 4:90-cv-00125, denying [297-1] motion for ACLU National Prison Project to substitute as counsel for the class of HIV-positive prisoners at MDOC in 4:71-cv-00006, 4:90-cv-00125, finding that ACLU may continue to prosecute its appeal of this court's orders and may contact individual inmates necessary for the prosecution of the appeal; and further ordering that the ACLU shall cease contact with any inmates on matters that fall within the jurisdiction of class counsel ( signed by Magistrate Judge Jerry A. Davis on 2/01/00) COB # 86 pg. 52-53 Date of Entry: 02/02/00 (fcc)
111 ORDER denying [270-1] motion for attorneys' fees in 4:71-cv-00006, 4:90-cv-00125 ( signed by Magistrate Judge Jerry A. Davis on 02/01/00) COB # 86 pg. 54 Date of Entry: 02/02/00 (fcc)
112 NOTICE OF APPEAL of [315-1] order in 4:71-cv-00006, [100-1] order in 4:90-cv-00125 by Steven Houston in 4:71-cv-00006, Robert Shaw in 4:71-cv-00006, Robert L. White in 4:71-cv-00006, Willie Gaines in 4:71-cv-00006, Willie Naylor in 4:90-cv-00125, Martin Groot in 4:90-cv-00125, Gary Butler in 4:90cv00125. FILING FEE $ 105.00 RECEIPT # 56648 Appeal record due on 3/8/00 in 4:71-cv-00006, in 4:90-cv-00125 (fcc)
Notice of Appeal and certified copy of docket to USCA: [334-1] appeal by Martin Groot, Willie Naylor, Willie Gaines, Robert L. White, Robert Shaw, Steven Houston in 4:71-cv-00006, [112-1] appeal by Martin Groot, Willie Naylor, Willie Gaines, Robert L. White, Robert Shaw, Steven Houston in 4:90-cv-00125 (fcc)
113 MOTION by Steven Houston in 4:71-cv-00006, Carl Lee Johnson in 4:71-cv-00006, Robert Shaw in 4:71-cv-00006, Robert L. White in 4:71-cv-00006, Willie Naylor in 4:90-cv-00125, Martin Groot in 4:90-cv-00125, for Entry of Separate Judgment pursuant to Rule 58 , to Amend [331-1] order finding that ACLU may continue to prosecute its appeal of this court's orders and may contact individual inmates necessary for the prosecution of the appeal; and further ordering that the ACLU shall cease contact with any inmates on matters that fall within the jurisdiction of class counsel in 4:71-cv-00006, [110-1] order finding that ACLU may continue to prosecute its appeal of this court's orders and may contact individual inmates necessary for the prosecution of the appeal; and further ordering that the ACLU shall cease contact with any inmates on matters that fall within the jurisdiction of class counsel in 4:90-cv-00125 (fcc) (Entered:

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02/07/2000 02/07/2000 02/09/2000 02/09/2000
02/11/2000
02/11/2000

02/08/2000)
114 MOTION by Nazareth Gates in 4:71-cv-00006, David Darrell Moore in 4:90-cv-00125 court-appointed class counsel for Order directing MDOC/UMMC Medical Director or Designee(s) to Study, Report, and Make recommendations on HIV+ Class Mbr. Access to and Participation in General Population Programs (fcc) (Entered: 02/08/2000)
115 Court-Appointed Class Counsel letter dtd 2/4/00, Request for Decision on Medical Air-Conditioning for HIV+ Class Members Housed in MSP Unit 28 (fcc) (Entered: 02/08/2000)
116 FINAL JUDGMENT relative to court's order to show cause and pursuant to court's order of February 1, 2000, the court declines to sanction the American Civil Liberties Union and it's attorneys; denying motion for ACLU to intervene as counsel for the plaintiffs in the Moore case; denying motion for attorneys' fees filed by the ACLU. ( signed by Magistrate Judge Jerry A. Davis on 02/08/00) COB # 86 pg. 66 Date of Entry: 02/09/00 (re:Doc.#331) (fcc) Modified on 02/09/2000
117 ORDER granting [335-1] motion for Entry of Separate Judgment pursuant to Rule 58 in 4:71-cv-00006, 4:90-cv-00125, denying [335-2] motion to Amend [331-1] order finding that ACLU may continue to prosecute its appeal of this court's orders and may contact individual inmates necessary for the prosecution of the appeal; and further ordering that the ACLU shall cease contact with any inmates on matters that fall within the jurisdiction of class counsel in 4:71-cv-00006, [110-1] order finding that ACLU may continue to prosecute its appeal of this court's orders and may contact individual inmates necessary for the prosecution of the appeal; and further ordering that the ACLU shall cease contact with any inmates on matters that fall within the jurisdiction of class counsel in 4:90-cv-00125 in 4:71-cv-00006, 4:90-cv-00125 ( signed by Magistrate Judge Jerry A. Davis on 02/08/00) COB # 86 pg. 67 Date of Entry: 02/09/00 (fcc)
118 NOTICE OF APPEAL of [338-1] judgment order in 4:71-cv-00006, [331-1] order finding that ACLU may continue to prosecute its appeal of this court's orders and may contact individual inmates necessary for the prosecution of the appeal; and further ordering that the ACLU shall cease contact with any inmates on matters that fall within the jurisdiction of class counsel in 4:71-cv-00006, [116-1] judgment order in 4:90-cv-00125, [110-1] order finding that ACLU may continue to prosecute its appeal of this court's orders and may contact individual inmates necessary for the prosecution of the appeal; and further ordering that the ACLU shall cease contact with any inmates on matters that fall within the jurisdiction of class counsel in 4:90-cv-00125 by Steven Houston in 4:71-cv-00006, Robert Shaw in 4:71-cv-00006, Robert L. White in 4:71-cv-00006, Willie Gaines in 4:71-cv-00006, Gary Butler in 4:71-cv-00006, Willie Naylor in 4:90-cv-00125, Martin Groot in 4:90-cv-00125. FILING FEE $ 105.00 RECEIPT # 56661 Appeal record due on 3/12/00 in 4:71-cv-00006, in 4:90-cv-00125 (fcc) (Entered: 02/14/2000)
Notice of Appeal and certified copy of docket to USCA: [341-1] appeal by Martin Groot, Willie Naylor, Gary Butler, Willie Gaines, Robert L. White, Robert Shaw, Steven Houston in 4:71-cv-00006, [118-1] appeal by Martin Groot, Willie Naylor, Gary Butler, Willie Gaines, Robert L. White, Robert Shaw, Steven

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02/15/2000
02/15/2000 02/15/2000 02/15/2000 02/18/2000
02/28/2000 02/28/2000 03/06/2000

Houston in 4:90-cv-00125 (fcc) (Entered: 02/14/2000)
119 MOTION by Steven Houston in 4:71-cv-00006, Robert Shaw in 4:71-cv-00006, Robert L. White in 4:71-cv-00006, Willie Gaines in 4:71-cv-00006, Gary Butler in 4:71-cv-00006, Willie Naylor in 4:90-cv-00125, Martin Groot in 4:90-cv-00125 to Stay Proceedings pending appeal of the January 5, 2000, order prohibiting the lawyers for the National Prison Project from contacting class members and the February 1, 2000, order requiring the ACLU to cease contact with any inmates on matters that fall within the jurisdiction of class counsel (fcc)
Clerk's Note: Doc.#344 has been assigned to docket entry dated 12/13/99, regarding a letter dtd 12/13/99, from Margaret Winter requesting removal of a confidential and privileged document, etc. (fcc)
Certified and transmitted Record on Appeal to U.S. Court of Appeals: [334-1] appeal by Martin Groot, Willie Naylor, Willie Gaines, Robert L. White, Robert Shaw, Steven Houston in 4:71-cv-00006, [112-1] appeal by Martin Groot, Willie Naylor, Willie Gaines, Robert L. White, Robert Shaw, Steven Houston in 4:90-cv-00125 (fcc)
Certified and transmitted Record on Appeal to U.S. Court of Appeals: [341-1] appeal by Martin Groot, Willie Naylor, Gary Butler, Willie Gaines, Robert L. White, Robert Shaw, Steven Houston in 4:71-cv-00006, [118-1] appeal by Martin Groot, Willie Naylor, Gary Butler, Willie Gaines, Robert L. White, Robert Shaw, Steven Houston in 4:90-cv-00125 (fcc)
120 ORDER denying [342-1] motion to Stay Proceedings pending appeal of the January 5, 2000, order prohibiting the lawyers for the National Prison Project from contacting class members and the February 1, 2000, order requiring the ACLU to cease contact with any inmates on matters that fall within the jurisdiction of class counsel in 4:71-cv-00006, 4:90-cv-00125 ( signed by Magistrate Judge Jerry A. Davis on 2/17/00) COB # 86 pg. 80 Date of Entry: 02/18/00 (fcc)
USCA Case Number Re: [334-1] appeal by Martin Groot, Willie Naylor, Willie Gaines, Robert L. White, Robert Shaw, Steven Houston in 4:71-cv-00006, [112-1] appeal by Martin Groot, Willie Naylor, Willie Gaines, Robert L. White, Robert Shaw, Steven Houston in 4:90-cv-00125 USCA NUMBER: 00-60129 (fcc)
USCA Case Number Re: [341-1] appeal by Martin Groot, Willie Naylor, Gary Butler, Willie Gaines, Robert L. White, Robert Shaw, Steven Houston in 4:71-cv-00006, [118-1] appeal by Martin Groot, Willie Naylor, Gary Butler, Willie Gaines, Robert L. White, Robert Shaw, Steven Houston in 4:90-cv-00125 USCA NUMBER: 00-60130 (fcc)
NOTICE of Docketing ROA from USCA Re: [341-1] appeal by Martin Groot, Willie Naylor, Gary Butler, Willie Gaines, Robert L. White, Robert Shaw, Steven Houston in 4:71-cv-00006, [334-1] appeal by Martin Groot, Willie Naylor, Willie Gaines, Robert L. White, Robert Shaw, Steven Houston in 4:71-cv-00006, [118-1] appeal by Martin Groot, Willie Naylor, Gary Butler, Willie Gaines, Robert L. White, Robert Shaw, Steven Houston in 4:90-cv-00125, [112-1] appeal by Martin Groot, Willie Naylor, Willie Gaines, Robert L. White, Robert Shaw,

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05/14/2001 05/18/2001
06/15/2001

Steven Houston in 4:90-cv-00125 USCA Numbers: 00-60129; 00-60130 (fcc) (Entered: 03/07/2000)
121 ORDER granting appellants' motion to stay the District Court's "no Contact" order of February 1, 2000, pending appeal (signed and entered by USCA/5th Circuit on 6/19/00) Date of Entry: 6/19/00 [re: USCA Nos. 99-60609, 00-60129, 00-60130] (fcc)
NOTICE of address change by Margaret Winter, attorney with American Civil Liberties Union Foundation, to The National Prison Project of the ACLU, 733 15th St. NW, Ste. 620, Washington, DC 20005; (202) 393-4930 telephone; (202) 393-4931 fax (fcc)
122 Letter MOTION for Ronald Reid Welch to Withdraw as appointed class counsel in Moore v. Fordice, No. 4:90cv125-JAD (fcc) Modified on 04/25/2001
123 JUDGMENT OF USCA (certified copy) that the Judgment of the District Court is VACATED IN PART and REVERSED IN PART, and the cause is REMANDED to the District Court for further proceedings in accordance with the opinion of this Court ISSUED AS MANDATE: APRIL 27, 2001 Re: [341-1] appeal by Martin Groot, Willie Naylor, Gary Butler, Willie Gaines, Robert L. White, Robert Shaw, Steven Houston in 4:71-cv-00006, [334-1] appeal by Martin Groot, Willie Naylor, Willie Gaines, Robert L. White, Robert Shaw, Steven Houston in 4:71-cv-00006, [272-1] appeal by Martin Groot, Robert Shaw in 4:71-cv-00006, [118-1] appeal by Martin Groot, Willie Naylor, Gary Butler, Willie Gaines, Robert L. White, Robert Shaw, Steven Houston in 4:90-cv-00125, [112-1] appeal by Martin Groot, Willie Naylor, Willie Gaines, Robert L. White, Robert Shaw, Steven Houston in 4:90-cv-00125, [78-1] appeal by Martin Groot, Robert Shaw in 4:90-cv-00125 (fcc) (Entered: 05/08/2001)
Record on Appeal returned from U.S. Court of Appeals: CONSISTING OF: original record on appeal (9) Vols; Supplemental Record (7) Vols.; original Exhibits (1) Box, (1) Env. (1) Sealed Env. [341-1] appeal in 4:71-cv-00006, [334-1] appeal in 4:71-cv-00006, [272-1] appeal in 4:71-cv-00006, [118-1] appeal in 4:90-cv-00125, [112-1] appeal in 4:90-cv-00125, [78-1] appeal in 4:90-cv-00125 (fcc)
124 ORDER granting [459-1] motion for Ronald Reid Welch to Withdraw as appointed class counsel in Moore v. Fordice, No. 4:90cv125-JAD (Terminated in 4:71-cv-00006, 4:90-cv-00125; designating Margaret Winter of the National Prison Project and Elizabeth Jane Hicks as CLASS COUNSEL for the plaintiffs in this case; directing plas to file additional pleadings regarding the issue of attorney's fees w/i 30 da. of this order or advise the court that they do not wish to file anything further. Counsel for dfts shall file their response w/i 14 da. of svc of any further pleadings by pla or notice that no further pleadings will be filed. ( signed by Magistrate Judge Jerry A. Davis on 5/17/01) Date of Entry: 5/18/01 (fcc) Modified on 05/18/2001
125 MOTION by Eddie Ray Gowdy in 4:90-cv-00125, Elton Banks in 4:90-cv-00125, David Darrell Moore in 4:90-cv-00125 for Margaret Winter, Stephen F. Hanlon and Leo G. Rydzewski to Appear Pro Hac Vice, in association with Elizabeth Jane Hicks, with Margaret Winter as lead counsel for the plaintiffs; Admission Fee: Amount $ 75.00 Receipt # 61744 (fcc)

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06/15/2001 06/26/2001 07/09/2001
07/17/2001 07/19/2001 07/23/2001
08/17/2001 08/21/2001
09/24/2001 09/24/2001 10/02/2001

126 SUPPLEMENTAL MOTION by David Darrell Moore in 4:90-cv-00125 for Attorney Fees (fcc)
127 MOTION by Nazareth (nmi) Gates in 4:71-cv-00006, Kirk Fordice in 4:90-cv-00125 to Extend Time to Respond to Plas' Supplemental Motion for Attorneys' Fees (fcc) Modified on 06/27/2001
128 ORDER granting [469-1] motion to Extend Time to Respond to Plas' Supplemental Motion for Attorneys' Fees in 4:71-cv-00006, 4:90-cv-00125, Response to Motion reset to 7/13/01 in 4:71-cv-00006, in 4:90-cv-00125 for [468-1] motion for Attorney Fees in 4:71-cv-00006, reset to 7/13/01 in 4:71-cv-00006, in 4:90-cv-00125 for [126-1] motion for Attorney Fees in 4:90-cv-00125 ( signed by Magistrate Judge Jerry A. Davis on 7/6/01) Date of Entry: 7/9/01 (fcc)
129 RESPONSE by MDOC in opposition to [468-1] supplemental motion for Attorney Fees by David Darrell Moore in 4:71-cv-00006, [126-1] supplemental motion for Attorney Fees by David Darrell Moore in 4:90-cv-00125 (fcc)
130 CONSENT MOTION by David Darrell Moore in 4:90-cv-00125 to Extend Time to file a Reply to Dfts' Response to Plas' Supplemental Motion for Attys' Fees (fcc) (Entered: 07/20/2001)
131 ORDER, Reply to Response to Motion reset to 8/22/01 in 4:71-cv-00006, in 4:90-cv-00125 for [475-1] motion to Extend Time to file a Reply to Dfts' Response to Plas' Supplemental Motion for Attys' Fees in 4:71-cv-00006, reset to 8/22/01 in 4:71-cv-00006, in 4:90-cv-00125 for [130-1] motion to Extend Time to file a Reply to Dfts' Response to Plas' Supplemental Motion for Attys' Fees in 4:90-cv-00125 ( signed by Magistrate Judge Jerry A. Davis on 7/01/01) Date of Entry: 7/23/01 (fcc)
132 CONSENT MOTION by David Darrell Moore, et al in 4:90-cv-00125 to Extend Time to File a Reply to Dfts' Response to Plas' Supplemental Motion for Atty's Fees (fcc)
133 ORDER granting [478-1] motion to Extend Time to File a Reply to Dfts' Response to Plas' Supplemental Motion for Atty's Fees in 4:71-cv-00006, 4:90-cv-00125, granting [130-1] motion to Extend Time to file a Reply to Dfts' Response to Plas' Supplemental Motion for Attys' Fees in 4:90-cv-00125, 4:71-cv-00006, Reply to Response to Motion reset to 9/25/01 in 4:71-cv-00006, in 4:90-cv-00125 for [468-1] motion for Attorney Fees in 4:71-cv-00006, reset to 9/25/01 in 4:71-cv-00006, in 4:90-cv-00125 for [126-1] motion for Attorney Fees in 4:90-cv-00125 ( signed by Magistrate Judge Jerry A. Davis on 8/20/01) Date of Entry: 8/21/01 (fcc)
134 MOTION by David Darrell Moore, et al in 4:90-cv-00125 for Modification of Hourly Rate Applicable to Motion and Supplemental Motion for Attorney's Fees (fcc)
135 RESPONSE by David Darrell Moore in 4:90-cv-00125 in opposition to [488-1] opposition response by Thomas D. Cook in 4:71-cv-00006 (fcc)
136 RESPONSE in opposition by MDOC to [494-1] motion for Modification of Hourly Rate Applicable to Motion and Supplemental Motion for Attorney's Fees

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10/15/2001 10/15/2001
01/11/2002 01/17/2002 01/17/2002 02/05/2002 03/22/2002
05/23/2002 05/24/2002 05/24/2002 05/24/2002 05/28/2002

by David Darrell Moore in 4:71-cv-00006, [134-1] motion for Modification of Hourly Rate Applicable to Motion and Supplemental Motion for Attorney's Fees by David Darrell Moore in 4:90-cv-00125 (fcc)
137 RESPONSE by David Darrell Moore, et al in 4:90-cv-00125 in opposition to [497-1] motion to Show Cause Why UMMC/MDOC Medical Services Contract Should Not be Terminated w/Exhibit "A" attached by Nazareth (nmi) Gates in 4:71-cv-00006 (fcc) (Entered: 10/16/2001)
138 DECLARATION OF MARGARET WINTER, with exhibits, Exhibit B (filed "under seal" in a brown envelope with the document) by David Darrell Moore in 4:90-cv-00125 Re: [508-1] opposition response by David Darrell Moore in 4:71-cv-00006, 4:90-cv-00125, [136-1] opposition response in 4:90-cv-00125, 4:71-cv-00006 (fcc) (Entered: 10/16/2001)
139 MOTION by David Darrell Moore, et al in 4:90-cv-00125 to replace Class Represenative Willie L. Naylor, Jr. with class members Gary Butler, Jason Williams, and Rudolph Carter (fcc)
140 NOTICE of Withdrawal of Moore Plaintiffs' January 7, 2002 Motion to Replace Class Representative re: Doc.#526 (fcc) (Entered: 01/18/2002)
141 UNOPPOSED MOTION by David Darrell Moore in 4:90-cv-00125 to Replace Class Representative Willie L. Naylor, Jr. with class members Gary Butler, Jason Williams, and Rudolph Carter (fcc) (Entered: 01/18/2002)
142 ORDER granting [528-1] motion to Replace Class Representative Willie L. Naylor, Jr. with class members Gary Butler, Jason Williams, and Rudolph Carter in 4:71-cv-00006, 4:90-cv-00125 ( signed by Magistrate Judge Jerry A. Davis on 02/01/02) Date of Entry: 02/05/02 (fcc)
143 ORDER granting [467-1] motion for Margaret Winter, Stephen F. Hanlon and Leo G. Rydzewski to Appear Pro Hac Vice, in association with Elizabeth Jane Hicks, with Margaret Winter as lead counsel for the plaintiffs; in 4:71-cv-00006, 4:90-cv-00125 ( signed by Magistrate Judge Jerry A. Davis on 3/21/02) Date of Entry: 3/25/02 (fcc) (Entered: 03/25/2002)
144 RESPONSE by Kirk Fordice in 4:90-cv-00125 to Plas' Declaration of Class Counsel in Support of Plas' Application for a Temporary Restraining Order (fcc)
146 DECLARATION OF CLASS COUNSEL by David Darrell Moore, et al through their attorney of record, Margaret Winter, in 4:90-cv-00125 in support of Re: [145-1] motion for Temporary Restraining Order and for Preliminary Injunction by David Darrell Moore (fcc) (Entered: 05/28/2002)
145 MOTION by David Darrell Moore in 4:90-cv-00125 for Temporary Restraining Order , for Preliminary Injunction (fcc) (Entered: 05/28/2002)
147 ORDER granting [145-1] motion for Temporary Restraining Order, pending an evidentiary hearing on the merits of plas' motion for a preliminary injunction set for June 25, 2002 at 1:30 p.m., Oxford, MS. ( signed by Magistrate Judge Jerry A. Davis on 5/23/02) Date of Entry: 5/28/02 (fcc) (Entered: 05/28/2002)
148 RESPONSE by MDOC in opposition to [134-1] motion for Modification of Hourly Rate Applicable to Motion and Supplemental Motion for Attorney's Fees

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06/11/2002 06/24/2002 06/27/2002 06/27/2002 07/05/2002 09/16/2002 12/27/2002 01/09/2003 01/15/2003
01/21/2003 02/19/2003 03/13/2003 04/01/2003
03/12/2004

by David Darrell Moore (fcc)
149 REPLY by David Darrell Moore in 4:90-cv-00125 to response to [134-1] motion for Modification of Hourly Rate Applicable to Motion and Supplemental Motion for Attorney's Fees by David Darrell Moore (fcc) (Entered: 06/12/2002)
WRIT of HCAT issued 6/21/02 to produce inmate Martin Groot #44534 and Robert White #33746 to appear at 1:30 p.m. on 6/25/02, Oxford. (fcc)
150 CIVIL MINUTES for: Preliminary Injunction Court Reporter: Mike Bumpus; Hearing held 6/25/02; cause taken under advisement (fcc) Modified on 06/28/2002 (Entered: 06/28/2002)
151 Exhibit and Witness list relative to Preliminary Injunction Hearing held 6/25/02 (Exhibits separated from the record in a brown envelope, marked accordingly) (fcc) Modified on 06/28/2002 (Entered: 06/28/2002)
152 WRIT of HCAT returned executed upon Martin Groot #44534 and Robert White #33746 on 6/25/02 (fcc)
153 TRANSCRIPT filed Evidentiary Hearing held before Magistrate Judge Jerry A. Davis for dates of June 25, 2002 (fcc)
154 SECOND SUPPLEMENTAL MOTION by David Darrell Moore in 4:90-cv-00125 for Attorney Fees (fcc) (Entered: 12/30/2002)
155 MOTION by Kirk Fordice, et al in 4:90-cv-00125 to Extend Time to Respond to plas' Second Supplemental Motion for Attys Fees (fcc)
156 ORDER granting [155-1] motion to Extend Time to Respond to plas' Second Supplemental Motion for Attys Fees, Response to Motion reset to 2/12/03 for [154-1] motion for Attorney Fees ( signed by Magistrate Judge Jerry A. Davis on 1/14/03) Date of Entry: 1/15/03 (fcc)
157 RESPONSE by David Darrell Moore, et al in 4:90-cv-00125 in support of [155-1] motion to Extend Time to Respond to plas' Second Supplemental Motion for Attys Fees by Kirk Fordice (fcc)
158 RESPONSE by Kirk Fordice, et al in 4:90-cv-00125 in opposition to [154-1] motion for Attorney Fees by David Darrell Moore (fcc) (Entered: 02/20/2003)
159 SUPPLEMENTAL/NOTICE OF RATES by David Darrell Moore in 4:90-cv-00125 Supplemental/Amended for Attorney Fees w/Exhibit "A" attached referring to: [126-1] motion for Attorney Fees by David Darrell Moore (fcc)
160 ORDER awarding the following fees and expenses to plaintiffs attorneys, to-wit: (1) For work until April 23, 2001, 932.33 hours x $113 = $105,353.29; (2) For work after April 23, 2001, 213 hours x $150 = $31,950.00; and (3) For expenses = $3,038.34 (one-third of requested amount of $9,115); totaling $140,341.63; defendants shall pay the total amount of $140,341.63 within thirty days of this order. ( signed by Magistrate Judge Jerry A. Davis on 3/31/03) COB # 93 pg. 196-198 Date of Entry: 4/01/03 (fcc)
161 MOTION by Kirk Fordice in 4:90-cv-00125 to Dismiss Pursuant to Consent Decree or, in the alternative, for Termination of Relief Under 18 USCA Section 3626(b) (fcc) (Entered: 08/30/2004)

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03/29/2004
06/10/2004
06/10/2004
07/01/2004 07/01/2004 07/01/2004 08/30/2004 09/03/2004 09/28/2004 11/05/2004 11/05/2004 11/22/2004

162 ORDER on motion to dismiss, the court having conducted a telephonic conference with the parties, finding that discovery should be opened until May 31, 2004; hearing on motion set at 10:00 a.m. on June 28, 2004, Oxford, MS. ( signed by Magistrate Judge Jerry A. Davis on 3/25/04) Date of Entry: 3/30/04 (fcc) (Entered: 03/30/2004)
163 ORDER on status conference held June 4, 2004, regarding HIV infected inmates not being housed in the Community Work Centers (CWC's) of the Mississippi Department of Corrections and pursuant to an Agreed Judgment of Settlement and Dismissal on the 28th day of June, 1995, finding that class members shall not be excluded from consideration for community work center placement solely on the grounds that they are HIV positive, etc. ( signed by Magistrate Judge Jerry A. Davis on 6/7/04) Date of Entry: 6/14/04 (fcc) (Entered: 06/14/2004)
164 ORDER on status conference held June 4, 2004, regarding the new measurements of the completed units at Mississippi Dept. of Corrections (MDOC), finding that the dfts shall w/i 60 da. of this order report to the court the ACA court-mandated maximum number of inmates, as well as operational number of the units w/i MDOC; directing plas to respond to dfts report w/i 30 da.; setting this matter for a hearing on the maximum occupancy of each unit at 9:30 a.m. on October 20, 2004, Oxford. ( signed by Magistrate Judge Jerry A. Davis on 6/7/04) Date of Entry: 6/14/04 (fcc) Modified on 06/14/2004 (Entered: 06/14/2004)
165 CIVIL MINUTES for: Hearing on Motion to Dismiss held 6/29/04 cause taken under advisement; court reporter directed to transcribe proceedings; Court Reporter: Debbie Harris (dmd) Modified on 07/02/2004
166 Exhibit/Witness list by Kirk Fordice in 4:90-cv-00125, David Darrell Moore in 4:90-cv-00125 in separate appropriately marked envelope (dmd) Modified on 07/01/2004
Motion hearing held 6/29/04 re: [161-1] motion to Dismiss pursuant to Consent Decree or, in the alternative, for Termination of Relief under 18 USCA Sec. 3626(b) by David Darrell Moore (fcc) (Entered: 07/02/2004)
167 POST TRIAL Brief by Kirk Fordice in 4:90-cv-00125 for [161-1] motion to Dismiss Pursuant to Consent Decree or, in the alternative, for Termination of Relief Under 18 USCA Section 3626(b) by Kirk Fordice (fcc)
JUDGMENT OF USCA (certified copy) affirming in part and vacating in part the district court opinion; Re: [587-1] appeal (jla)
168 TRANSCRIPT filed for dates of 06/28/04 and 06/29/04 for Hearing on Motion to Terminate Court Supervision before Mag. Judge Jerry A. Davis in Oxford, MS. (2 Volumes) (nsm)
169 PLAINTIFFS' POST-HEARING MEMORANDUM BRIEF by David Darrell Moore. (Attachments: # 1 Exhibit)(dmd, USDC)
170 DECLARATION re 169 Brief by David Darrell Moore. (dmd, USDC)
171 MOTION to Appear Pro Hac Vice ; Attorney Jessica Feierman, Receipt # 78517, in amount of $ 25.00, by David Darrell Moore. (fcc, USDC) (Entered: 12/01/2004)

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06/15/2005 12/01/2005

172 MOTION for Evidentiary Hearing and Enforcement of the court's June 7 Order to Integrate the Community Work Centers re [163] Order by David Darrell Moore. (fcc, USDC) (Entered: 12/01/2004)
173 MEMORANDUM IN SUPPORT re 172 MOTION for Evidentiary Hearing and Enforcement of the court's June 7 Order to Integrate the Community Work Centers re [163] Order by David Darrell Moore. (fcc, USDC) Modified on 12/1/2004 (fcc, USDC). (Entered: 12/01/2004)
174 JOINDER re 171 MOTION to Appear Pro Hac Vice ; Attorney Jessica Feierman by Kirk Fordice, Leroy Black, Steve W. Puckett, Eddie Lucas, A. M. Phillips. (dmd, USDC)
175 RESPONSE to Motion re 172 MOTION for Evidentiary Hearing and Enforcement of the court's June 7 Order to Intergrate the Community Work Centers re [163] Order, filed by Kirk Fordice, Leroy Black, Steve W. Puckett, Eddie Lucas, A. M. Phillips. (dmd, USDC)
176 Order Granting 171 Plaintiffs' Motion for Attorney Jessica Feierman to Appear Pro Hac Vice. Signed by Judge Jerry A. Davis on 12/10/04. (jkj, USDC)
177 REPLY BRIEF IN SUPPORT OF MOTION re 172 MOTION for Evidentiary Hearing and Enforcement of the court's June 7 Order to Intergrate the Community Work Centers re [163] Order by Elton Banks, et al. (dmd, USDC)
178 ORDER DISMISSING CASE with prejudice and terminating injunctive relief previously ordered. CASE CLOSED. Signed by Judge Jerry A. Davis on 3/31/05. (mhg, USDC)
179 MEMORANDUM IN SUPPORT of Plaintiffs' Motion for Attorneys' Fees. (Attachments: # 1 certificate of service# 2 Affidavit Winter Declaration# 3 Exhibit Winter Exhibit A# 4 Exhibit Winter Exhibit B# 5 Affidavit Feierman Declaration# 6 Exhibit Feierman Exhibit A# 7 Exhibit Feierman Exhibit B# 8 Affidavit Walker Declaration# 9 Exhibit Walker Exhibit A# 10 Affidavit McDuff Declaration)(Feierman, Jessica)
NOTICE OF CORRECTION re 179 Memorandum in Support; Filed in incorrect case; attorney to refile in 4:71cv6. (dmd, USDC)
180 ORDER Awarding Attorneys' Fees and Expenses. Signed by Judge Jerry A. Davis on 12/1/2005. (jkj, USDC)

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 </s> 606 F.2d 115 (1979)
Nazareth GATES et al., Plaintiffs-Appellants, United States of America, Intervenor, v.
John COLLIER, Superintendent of the Mississippi State Penitentiary, et al., DefendantsAppellees.
No. 78-2995.
United States Court of Appeals, Fifth Circuit.
November 8, 1979.
Ronald Reid Welch, Miss. Prisoners' Defense Committee, Jackson, Miss., for plaintiffs-appellants.
W. V. Westbrook, III, Special Asst. Atty. Gen., Jackson, Miss., for defendants-appellees.
Before FAY, RUBIN and HATCHETT, Circuit Judges.
HATCHETT, Circuit Judge:
Plaintiffs appeal a district court order adopting revised disciplinary rules and procedures for inmates incarcerated at the Mississippi State Penitentiary. We affirm.
In 1972, the district court found that conditions and treatment at the penitentiary deprived inmates of constitutional rights guaranteed by the eighth and fourteenth amendments to the United States Constitution. Gates v. Collier, 349 F.Supp. 881 (N.D.Miss.1972). The trial court enjoined prison officials from continuing the offending practices and ordered them to submit "a comprehensive plan for the elimination of all unconstitutional conditions." Id., at 903. The district court further ordered the compilation of comprehensive regulations governing misconduct which apprised inmates of:
(a) Conduct which constitutes a breach of discipline;
(b) The penalties and sanctions which may be imposed for such conduct;
(c) A complete statement of the procedure by which such determinations shall be made. [Id., at 899.]
Pursuant to this order, rules and regulations were submitted to and approved by the district court. We affirmed that approval, directing officials to make limited revisions in light of Wolff v. McDonnell, 418 U.S. 539, 94 S.Ct. 2963, 41 L.Ed.2d 935 (1974). Gates v. Collier, 501 F.2d 1291 (5th Cir. 1974). The revised submission was approved by the district court and ordered to be printed and distributed among the inmates. Gates v. Collier, 390 F.Supp. 482 (N.D.Miss.1975). In February, 1978, defendants moved for the adoption of further revised disciplinary rules and for the approval of a proposed booklet entitled Inmate Handbook Rules and Regulations. The trial court's order granting that motion is before us on this appeal. The trial court opinion and the challenged rules are published at 454 F.Supp. 579 (N.D.Miss.1978).
The appellants argue that: (1) doctrines of the law of the case, res judicata and collateral estoppel prohibit changes in the rules and regulations adopted by the district court in 1975; and (2) portions of the revised disciplinary regulations violate constitutional requirements recognized in Wolff.
116 *116 In its Memorandum Opinion adopting the revised disciplinary rules and procedures, the district court fully addressed both of the appellants' points now brought for review. The district court opinion is well reasoned and thorough. For the reasons stated in that opinion, we affirm. Gates v. Collier, 454 F.Supp. 579 (N.D.Miss.1978).[1]
AFFIRMED.

[1] Appellant's objection to section XI(G) of the revised rules was not raised before the district court. Because the objection is raised for the first time on appeal, we will not consider it. Gerasta v. Hibernia National Bank, 575 F.2d 580, 585 (5th Cir. 1978); United States v. Allegheny-Ludlum Industries, Inc., 517 F.2d 826, 840 n. 13 (5th Cir. 1975).
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 </s> 454 F.Supp. 579 (1978)
Nazareth GATES et al., Plaintiffs, United States of America, Plaintiff-Intervenor, v.
John COLLIER et al., Defendants.
No. GC 71-6-K.
United States District Court, N. D. Mississippi, Greenville Division.
June 30, 1978.
580 *580 Ronald R. Welch, Jackson, Miss., Shawn Moore, Dept. of Justice, Washington, D. C., H. M. Ray, U. S. Atty., Oxford, Miss., for plaintiffs.
W. W. Westbrook, IV, Asst. Atty. Gen., Jackson, Miss., Pascol J. Townsend, Jr., Drew, Miss., for defendants.
MEMORANDUM OPINION
KEADY, Chief Judge.
The court is presented with the motion of the Mississippi Department of Corrections and its Commissioner for the adoption of revised disciplinary rules and procedures applicable to inmates incarcerated at the state penitentiary and the approval of proposed booklet entitled Inmate Handbook Rules and Regulations. The revised disciplinary regulations are set forth in sixteen sections, eight of which (§§ I, II, III, IV, VII, XIV, XV and XVI) are objected to by neither counsel for plaintiff-inmates nor by the Department of Justice, representing plaintiff-intervenor. Of the remaining eight regulations, the Department of Justice counsel objects to five (§§ V, VI, VIII, XI, XII). In addition to joining in these objections, counsel for plaintiff-inmates interposes certain other objections, some of which are without merit and require no discussion.
1. BACKGROUND
Originally, the disciplinary rules and regulations for inmates at the state penitentiary were prepared by the prison's security chief, Col. Mailly; they were submitted to and approved by this court on October 20, 1972; they appear in extenso in the margin and text of the Fifth Circuit opinion in Gates v. Collier, 501 F.2d 1291, 1315-17, n.14 (1974). By that opinion, the Fifth Circuit generally affirmed our approval of the rules, except that the defendant officials were directed to make certain limited revisions in the light of the then recent Supreme Court decision of Wolff v. McDonnell, 418 U.S. 539, 94 S.Ct. 2963, 41 L.Ed.2d 935 (1974). On remand, defendants revised their rules in 581 accordance with the Fifth *581 Circuit's mandate. The revised submission, after hearing of objections, was approved by us and ordered to be implemented, printed and distributed to the inmate population. See Gates v. Collier, 390 F.Supp. 482, 491 (N.D.Miss.1975). No one appealed from this portion of the court's order, and the state prison has, until this date, operated under the prison rules thereby adopted.
2. SUMMARY OF OBJECTIONS
The principal objections to the revised rules interposed by plaintiff-intervenor and plaintiff-inmates are twofold: (1) The creation of the office of a classification officer, holding the rank of Major or above, assigned by the Warden or a Program Associate Warden, to classify Rules Violations Reports (RVR) as either Minor, Serious or Major, who would possess discretionary authority to decide upon the seriousness of the offense reported and recommend corresponding appropriate punishment therefor. This proposal is in marked contrast to a fixed schedule of acts listed as major or minor violations, with stated punishments, as detailed in the Fifth Circuit opinion, 501 F.2d at 1315, n.14. (2) All offenses specifically delineated as major or minor would be eliminated, with the determination to be arrived at on an individualized, ad hoc basis, after the offense was found to have been committed.

3. FACTS
At the evidentiary hearing, Col. Mailly was the only witness to testify as to the need or desirability for the revised regulations. Mailly stated that in his opinion it would improve the procedure to have a classification officer with power to decide whether certain misconduct of an inmate should be classified as major, serious or minor instead of having specific violations categorized as either major or minor, with stated punishment for each such violation. Mailly stated that the investigating freeworld employee interviewing the inmate accused of a rule infraction would not necessarily appear before the disciplinary hearing committee, or council, whenever the inmate indicated an intention to plead guilty to the charge and signed a waiver to that effect in the presence of the investigating officer. In any case, Mailly stated that the hearing council which imposed discipline, in its discretion, would have the right under the new rules to call the investigating employee for testimony. In contested actions the investigating employee would list witnesses having knowledge of the alleged infraction.
Mailly stated that it promoted the interest of the prison's integrity that an inmate not be required to appear as a witness at the disciplinary hearing against his wishes, upon the reasoning that giving testimony might subject him to harm at the hands of the accused inmate or other inmates. Mailly concluded that on some occasions it was better to obtain a sworn statement from an inmate-witness and have it read in private 0907admittedly, a procedure which necessarily deprived the accused inmate of any opportunity for cross-examination. Mailly was of the view that in those situations where live testimony could be safely given, such would be preferable to sworn ex parte statements, but that in a prison setting, it often becomes impracticable, particularly where an inmate may be released on parole or upon detainer to another state, to obtain the personal appearance of a distant witness to testify as to the violation, whether classified as major, serious or minor, of an institutional rule. Mailly emphasized that in making a personal appearance, the option should be that of the inmate-witness and not of the investigating officer. He also maintained that the hearing committee, in its discretion, should be able to limit the number of inmate-witnesses at a hearing on the basis of the findings of the investigating employee, and the investigating employee might properly cull from his investigative file a select number of persons who might present to the disciplinary committee material matter regarding the rules infraction.
Mailly conceded that under the prior rules as originally approved and later revised under this court's order, there 582 had *582 been an orderly administration of the prison, but that, on the whole, he regarded the proposed new
rules as better for the inmates. For example, he reduced certain punishments by decreasing time to be spent in isolation to 20 days from a maximum of 60 days, and by reducing loss of visitation days not to exceed four consecutive visiting days. He conceded that the number of reports of rules infractions contained in an inmate's personnel file might well have an influence on the classification committee in assignment of camp housing and jobs, as well as any change in the classification of the inmate. While Mailly was not familiar with standards relating to the legal status of prisoners prepared by a Committee of the American Bar Association, he stated that the revised rules closely parallel the rules presently adopted and used by the U.S. Bureau of Prisons. At the request of the court, the federal prison rules were furnished by the Department of Justice, and placed in the record.
4. CONTENTION OF THE PARTIES
Counsel for plaintiff-inmates preliminarily contend that since this court has approved the revised rules in accordance with the Fifth Circuit's 1974 opinion, and no appeal was taken therefrom by the prison officials or any other party litigant, the "law of the case" doctrine mandates that no changes can now properly be made, absent some exceptional circumstances or supervening changes in law. Admittedly, on the basis of the evidence presented by Mailly, no exceptional circumstances have developed since the original trial, nor does authority in controlling federal case law subsequent to our prior decision dictate different treatment of the disciplinary rules. As later stated, however, this argument is not dispositive since we are not concerned with conventional litigation between private persons, but rather with the ongoing operation of a state institution over which this federal district court has no control other than to insure that constitutional mandates, as opposed to mere operational changes in daily prison administration, are respected. The Department of Justice joins in the objection of plaintiff-inmates

that due process requires an advance delineation of what prison infractions constitute major, serious or minor violations, and the offending inmate should know beforehand the punishment for one found guilty of any particular infraction of the prison's rules. It is therefore emphasized that vesting total discretion for classifying offenses in a free-world employee designated as a classification officer, after the misconduct has occurred, violates minimum standards of due process, both substantive and procedural, particularly where the classification officer himself may serve either as the disciplinary hearing officer or as a member of the disciplinary hearing committee, which reviews his initial classification. The ultimate position of the prison officials is that, so long as the revised rules do not offend constitutional principles, the State has the authority, from time to time, to make such revision of its rules governing inmates as experience may indicate to be beneficial or useful either to the institution, or to the inmate population, or to both. The immediate contention of the prison officials is they are handicapped in prison operations by inflexible, fixed categorization of offenses and corresponding punishment.
The "law of the case doctrine," as recently stated by the Fifth Circuit in Schwartz v. NMS Industries, Inc., 575 F.2d 553 (1978) is "not an inexorable command," and is appropriate to the type of litigation for which it is suited:
The "law of the case" rule is based on the salutary and sound public policy that litigation should come to an end. It is predicated on the premise that "there would be no end to a suit if every obstinate litigant could, by repeated appeals, compel a court to listen to criticisms on their opinions or speculate of chances from changes in its members," and that it would be impossible for an appellate court "to perform its duties satisfactorily and efficiently" and expeditiously "if a question, once considered and decided by it were to be litigated anew in the same case upon any and every subsequent appeal" thereof. (Emphasis added).
583 *583 Schwartz, supra, quoting White v. Murtha, 377 F.2d 428, 431 (5 Cir. 1967).
It is evident that in the case sub judice this court has exercised since 1971 continuing jurisdiction over the Mississippi State Penitentiary from the standpoint of seeking to achieve compliance with constitutional principles mandated by the federal courts applicable to penal institutions; there have been many hearings, many orders and revised orders, several appeals, and the case, as a whole litigation, remains open with certain issues yet to be resolved. As respecting disciplinary rules, the law of the case doctrine could have no proper application, it seems quite clear to us, so long as the disciplinary rules sought to be revised by the state prison authorities do not infringe upon constitutional rights of inmates. To hold otherwise would be to view the rules which were originally authored by the prison administration, and ordered to be revised in certain respects by the Fifth Circuit, as cast in stone and not subject to change, regardless of what may be the experience in operating a penal institution. We are confident that the federal judiciary would not countenance any such judicial philosophy in its oversight of state institutions made necessary only because of imperatives of the United States Constitution.
More serious objections relate to whether the revised rules fail to satisfy minimal standards of due process, a constitutional requirement which, of course, is not inflexible and differs according to particular situations. It is no longer open to question that procedural rules of due process mandated for free citizens in an open society are substantially different from rules affecting disciplinary proceedings in a state prison. Wolff, supra, remains the authoritative decision in the area of what standards of due process prevail in a prison setting. Mr. Justice White, in Wolff, stated certain premises upon which to measure the essentials of due process in a penal environment.
It is against this background [of a prison setting] that disciplinary proceedings must be structured by prison authorities; and it is against this background that we must make our constitutional judgments, realizing that we are dealing with the maximum security institution as well as those where security considerations are not so paramount. The reality is that disciplinary hearings and the imposition of disagreeable sanctions necessarily involve confrontations between inmates and authority and between inmates who are being disciplined and those who would charge or furnish evidence against them. Retaliation is much more than a theoretical possibility; and the basic and unavoidable task of providing reasonable personal safety for guards and inmates may be at stake, to say nothing of the impact of disciplinary confrontations and the resulting escalation of personal antagonisms on the important aims of the correctional process. 418 U.S. at 562, 94 S.Ct. at 2978, 41 L.Ed.2d at 954.

Wolff thus summarized elements of procedural due process, which must be accorded prison inmates, as follows:
1. A written notice of the charge must be given to the inmate accused of a rules violation to inform him of the charge and enable him to marshal the facts and prepare his defense.
2. At least a brief period of time after giving of such notice, not less than 24 hours, must be allowed to the inmate charged for him to prepare for an appearance before the appropriate disciplinary hearing officer or committee.
3. A written statement by the fact-finders as to the evidence relied on and reasons taken for the disciplinary action must be compiled and made available.
4. The inmate facing a disciplinary proceeding must be allowed to call witnesses and present documentary evidence in his defense, when permitting him to do so will not be unduly hazardous to institutional safety or correctional goals. Wolff pointed out ordinarily that the right to present evidence is basic to a fair hearing, but the restricted right to call witnesses in certain situations having obvious potential for disruption and for interference 584 with swift *584 punishment may sometimes necessitate relaxation of this unusual procedure. In any case, prison officials must balance the inmate's interest in being subjected to serious sanctions against the legitimate needs of the prison, with sufficient discretion being accorded prison officials to keep the disciplinary hearing within reasonable limits. Wolff specifically recognized that the operation of a correctional institution was
at best an extraordinarily difficult undertaking. Many prison officials, on the spot and with the responsibility for the safety of inmates and staff, are reluctant to extend the unqualified right to call witnesses; and in our view, they must have the necessary discretion without being subject to unduly crippling constitutional impediments. There is this much play in the joints of the Due Process Clause, and we stop short of imposing a more demanding rule with respect to witnesses and documents. 418 U.S. at 566, 94 S.Ct. at 2980, 41 L.Ed.2d at 957.
5. Although Wolff did not grant the charged inmate to have the right to confront and cross-examine witnesses or to have counsel present, the Supreme Court did nevertheless require that in cases where the inmate involved is illiterate or the complexity of the issue renders it unlikely that the inmate facing a charge will be able to adequately present his case, he should be free to seek the aid of a fellow inmate, or, if that is forbidden, to have adequate substitute aid in the form of help from the prison's staff.
We emphasize that the foregoing five standards form the due process required which Wolff mandated as constitutionally necessary for penitentiary inmates charged with infraction of prison rules.
Wolff did, however, highlight that the disciplinary committee in the Nebraska prison case before it was not "left at large with unlimited discretion" but directed to meet daily and to operate within the principles stated in the controlling regulations of Nebraska's prison. Pertinent criteria in those regulations commanded that
"full consideration must be given to the causes for the adverse behavior, the setting and circumstances in which it occurred, the man's accountability, and the correctional treatment goals," as well as the direction that "disciplinary measures will be taken only at such times and to such degrees as are necessary to regulate and control a man's behavior within acceptable limits and will never be rendered capriciously or in the nature of retaliation or revenge." 418 U.S. p. 571, 94 S.Ct. p. 2982, 41 L.Ed.2d p. 959.
It was upon consideration of the foregoing directives that the Supreme Court held:
We find no warrant in the record presented here for concluding that the Adjustment Committee presents such a hazard of arbitrary decisionmaking that it should be held violative of due process of law.
Wolff also is an authoritative statement that the deprivation of good time and "solitary confinement" are reserved for instances where only serious misbehavior has occurred. We take note that solitary confinement not exceeding thirty days in Hutto v. Finney, ___ U.S. ___, 98 S.Ct. 2565, 57 L.Ed.2d 522 (1978), under the peculiar facts of that recent case was held to be the maximum permissible punishment for a major rules violation. It goes without

saying that minimum procedural safeguards are an absolute necessity against arbitrary determination of any factual predicate for serious deprivation to an inmate, such as loss of good time credit, solitary confinement or other significant charges of confinement detrimental to the inmate, as distinguished from the imposition of lesser penalties like the loss of privileges. Wolff, n.19, 418 U.S. 571, 94 S.Ct. 2963.
In addressing the due process question, we are greatly aided by the Policy Statement attached to the United States Bureau of Prisons rules on inmate discipline promulgated July 7, 1975, expressly incorporating standards for inmate disciplinary proceedings as prescribed by the Supreme Court in Wolff v. McDonnell. From our 585 research, we have found no case which has *585 invalidated the federal prison rules as contravening Wolff. Therefore, these standards are highly persuasive in our judging the sufficiency of the revised prison rules proposed by the defendants. As it will appear from the several attached rules, the five basic elements mandated by Wolff have been adhered to. Moreover, the defendants' rules, like the federal rules, have set forth specific conduct constituting infractions, classifying them as prohibited acts, and not as major or minor rule violations. Also, like the defendants' revised rules, the United States Bureau of Prisons regulations leave to the institution's disciplinary committee the determination of what punishment may be appropriate under the particular circumstances. For example, by federal regulation, sanctions may be imposed on misconduct considered minor, or an inmate may be placed or retained in disciplinary segregation in accordance with established guidelines, or an inmate's good time may be withheld or forfeited, depending upon the facts of his particular situation, or the inmate may be transferred to another institution for disciplinary reasons. Additionally, the federal disciplinary committee is authorized to dismiss any charges where appropriate, order expungement of the record of charges where an inmate is determined to be innocent, suspend the execution of any sanction that may be imposed, and make recommendations to the United States Board of Parole for retardation or rescission of parole grants. Where criminal offenses have been committed by an inmate, the federal rules provide, as do the Mississippi revised rules, for investigation by law enforcement authorities looking to criminal prosecution.
The federal rules and the revised Mississippi rules in other respects are quite similar in that they both provide for review of actions by the disciplinary committee to higher authority within the prison administration. The factors to be considered on appeal are basically the same, i. e., whether the findings below are supported by substantial evidence.
Our critical attention is focused upon § V, which provides that the classification officer may designate an offense as major, serious or minor, and that in all cases of minor disciplinary violations the classification officer may serve in the dual capacity of a disciplinary hearing officer, who alone, is empowered to impose sanctions for minor offenses. Moreover, we encounter serious difficulty with the rule allowing the disciplinary hearing officer, in cases classified by him as major or serious, to serve as a member of the disciplinary committee. We believe that, especially in cases of more serious misconduct, the disciplinary committee should be composed wholly of disinterested members from various departments within the Department of Corrections, whose judgment will be totally uninfluenced by the classification officer. We find no counterpart for this type of procedure in the federal rules, and it borders upon allowing a classification officer having excessive discretion in the determination of infractions and punishment. We note in this regard that the federal rules provide: "Likewise, a staff member may not sit as a member of the Institution Discipline Committee if he played any significant part in having the charges referred to the Institution Discipline Committee for consideration." Section V(B), (C) and (D) of the revised rules are modified by the court to eliminate the extensive discretion vested in the classification officer. In all other respects, the revised rules are found to be and shall be approved.
Plaintiff-inmates also seek additional relief in the form of the expungement of records where full due process has not been accorded in disciplinary proceedings, as well as an order prohibiting the Department of Corrections from denying visiting privileges unless that privilege itself is abused. The former assertion, in our view, is unsupported by the facts reflected in the record in this cause and is inconsistent with the Supreme Court's ruling in Wolff. Moreover, the limitation to a maximum of four consecutive visiting days of which an inmate may be deprived is, in 586 our view, a reasonable limitation on that privilege *586 which is extended by the Corrections Department.
The court reserves continuing jurisdiction of this cause to issue any further or supplemental orders necessary to implement or carry out this decision.
Let an order issue accordingly.

EXHIBIT "A"
DISCIPLINARY PROCEDURES FOR INMATES OF THE MISSISSIPPI STATE PENITENTIARY
SECTION I
PURPOSE: Good order is the foundation and keystone of good society. Without rules and regulations, groups of people would find it extremely difficult to live together and maintain any semblance of proper respect for the privileges and property of others. Accordingly, the specific rules and regulations of the Mississippi Department of Corrections are based on fair and reasonable standards of behavior. Adherence to rules and regulations will ease your way through incarceration, will indicate a willingness to accept the laws of the State of Mississippi and may be a factor in determining custody classification and earned time class, participation in a work or earned release program or parole eligibility. Violations of rules and regulations will result in disciplinary action to reestablish discipline and to prevent or discourage further misconduct and disturbance.
SECTION II
POLICY: The immediate aim and policy of discipline will be to establish good order and conduct and to seek a carry-over value by establishing standards which the offender will maintain after release. Discipline and associated corrective disciplinary action will be objective, consistent, reasonable, firm and prompt, while also being appropriately varied in terms of an understanding of the personalities of the inmates concerned.
SECTION III
RESPONSIBILITY: The Commissioner of the Department of Corrections and the Warden of the Mississippi State Penitentiary are responsible for the maintenance of good order and discipline within the population of the Mississippi State Penitentiary. It is essential that this responsibility be shared by all employees and personnel of the Mississippi State Penitentiary and the Department of Corrections. Disciplinary and punitive action is the responsibility of each Associate Warden, his designee or the Disciplinary Committee.
SECTION IV
APPLICABILITY: This directive is applicable to all inmates incarcerated in the Mississippi State Penitentiary or to any other prisoner under the administrative control of the Mississippi Department of Corrections.
SECTION V
DEFINITIONS AND INTENT: For this directive the following definitions as amplified apply wherever like words or phrases appear.
A. Charge Sheet: A form used to officially notify the accused that he/she has been charged with committing a violation, the nature and elements of the violation, the intent to punish, and the rights entitled the accused to make a full presentation in defense, mitigation, or extenuation.
B. Classification Officer: An impartial staff officer, Major or above, assigned by either the Warden or a Program Associate Warden to classify Rules Violation Reports as either Minor, Serious or Major. When classifying a violation report, the Classification Officer will be guided in his decision by the seriousness of the offense reported,

the punishment that can be imposed and classification processing as set forth in these procedures. The Classification Officer may not* serve as the Disciplinary
* Modifications required by court indicated by underlining.
Hearing Officer or serve as a member of the Disciplinary Committee.
587 *587 C. Disciplinary Hearing Officer: An impartial staff officer, other than the Classification Officer, assigned by either the Warden or a Program Associate Warden to conduct disciplinary hearings involving Minor disciplinary violations and will award appropriate disciplinary action as necessary.
D. Disciplinary Committee: An impartial committee appointed by either the Warden or Program Associate Warden to conduct disciplinary hearings; provided however that the Classification Officer may not also serve on the Disciplinary Committee during his tenure as such nor may he so serve on said committee in review or consideration of Rules Violation Reports which he has initially classified. The Disciplinary Committee will be comprised of five (5) or more selected members from various departments within the Department of Corrections. The reporting employee, accuser, and witnesses will be excluded from this body. To constitute a disciplinary hearing quorum, at least three (3) assigned members must be present.
E. Investigating Employee: A designated employee who will conduct impartial and unbiased investigations to assist the Disciplinary Committee, Hearing Officer, or the accused in their search for truth, facts and justice.
F. Rules Violation Report (RVR): A reporting form that will include the violation charge, essential facts supporting the alleged violation, processing action taken, findings, and the disciplinary action taken, if any. The form will be so configured that proper distribution can be made with the original becoming part of the inmate's permanent Department of Corrections record. When referring violations for disciplinary action, the Rules Violation Report must be used.
G. Rules Violation Report Auditor: An impartial staff officer (Associate Warden level) assigned by the Warden to audit all Rules Violation Reports to insure that each violation report has been processed correctly and in accordance with the procedures set forth in this directive. The auditor will also insure that a permanent record of all RVR reports issued is maintained indicating an RVR reference number, housing unit involved, the offender's name and MSP number, rule violated, RVR date, Classification, date referred for hearing, date hearing process completed, findings, audit date, appeal date and date forwarded to the record office for filing in the offender's record. The auditor does not have the authority to void, increase or mitigate an imposed punishment through audit but he does have the authority to administratively void a Rules Violation Report if the RVR was not processed in accordance with the procedures as set forth in this directive; and to void or adjust any punishment awarded that is either in excess of the punishment authorized or is not an authorized disposition for the RVR's classification.
H. Violation: An act or omission of an act contrary to the rules and regulations of the Mississippi State Penitentiary, Laws of the State of Mississippi or the United States that has as its elements one or more of the following: Violence toward persons or property; Escape (escape includes not only leaving the institution but also being "out of place" at any time 0907 the latter may be tantamount to attempting to escape); Riot or inciting a riot; Contemptible disregard for the authority of the Penitentiary or its agents; Introduction and/or possession of contraband; Theft of property; Serious disorderly conduct causing disruption of institution activities; Misuse of mail privileges or attempting to use the mail for fraudulent purposes; or an act of non-violence that presents a hazard to the safety, welfare, and integrity of the community.
SECTION VI
588 CATEGORIES OF VIOLATIONS: A violation of the existing rules and regulations of *588 the Mississippi Department of Corrections may be classified into one of three categories:
A. Minor Violation: Are acts of nonconformance to the basic rules of conduct necessary to the orderly operation of the institution.

B. Serious Violations: When a violation or offense appears to merit a greater punishment than authorized for a Minor Violation (but is not felonious in nature) then the offense will be categorized as a Serious Violation.
C. Major Violations: When a violation or offense is felonious in nature, the offense will be categorized as a Major Violation and referred to the County District Attorney in which the offense occurred for possible prosecution.
SECTION VII
RESTRICTIONS: Disciplinary action shall not be capricious or in the nature of retaliation or revenge. Corporal punishment of any kind is strictly prohibited. No employee may serve as Disciplinary Hearing Officer in any matter in which he is the accuser, witness, or is otherwise so involved with the incident that he may not render a fair and impartial judgment herein.
SECTION VIII
CLASSIFICATION OF RULES VIOLATION REPORTS:
A. When a Rules Violation Report is prepared for disciplinary action, it will be forwarded to the Classification Officer within 72 hours (3 working days) following the violation report by any employee having knowledge of the violation. Each report will be examined by a Classification Officer and classified as Minor, Serious, or Major according to the seriousness of the misbehavior reported. The Classification Officer will then forward the report to the Disciplinary Hearing Officer or to the Disciplinary Committee for hearing.
B. If the Disciplinary Hearing Officer determines at any time through new information or facts that the matter is of a more serious nature than initially determined, he may terminate his handling of the matter and refer the matter to a higher level hearing.
C. When a Rules Violation Report is classified as a Serious charge, the matter will be referred to the Disciplinary Committee. An inmate representative or Investigating Employee may be appointed if deemed necessary by the Disciplinary Committee, even if not requested by the offender.
SECTION IX
HOUSING PENDING DISCIPLINARY ACTION: An offender against whom a Rules Violation Report is filed will remain in his or her present status unless additional control is needed for the protection of staff, other offenders, the accused offender, or as a security measure. The Watch Commander or ranking officer on watch may order any offender placed into segregated status if he deems additional control necessary. Such action must be reported in writing to the full Classification Committee without undue delay. The Classification Committee must approve or disapprove such action in writing within two (2) working days after receiving such notification.
SECTION X
NOTIFICATION OF ACCUSED:
A. Rules Violation Report: When an inmate commits an act which is in violation of the rules and regulations as defined in Paragraph H, Section V of this procedure, he will be issued a Rules Violation Report. The reporting employee will indicate on the report the following:
1. The offender's name, MSP number and unit.
2. Rule violated.
3. Date and time of violation.

4. The specific act committed and the circumstances and details of the incident/violation being reported.

5. The identity of the reporting employee (signature and title).

589

*589 The reporting employee will see that the offender and the Classification Officer each receive

copies of the RVR within 72 hours following the violation.

B. Charge Sheet: The Classification Officer, after receiving the Rules Violation Report and other related material, will officially notify the accused offender of the charge placed against him and the Classification of the charge by serving him with a Charge Sheet. The Charge Sheet notification shall include the following:

1. Classification of the charge (Minor, Serious, Major).

2. Specification of the regulation allegedly violated and essential facts supporting the alleged violation.

3. Time, date and place of the offense.

4. Tentative date or time frame in which disciplinary hearing will be held.

5. Right to refuse punishment if violation classified as a Minor violation.

6. Right to have an investigating employee if violation is classified as a Serious violation.

7. Right to call witnesses if violation classified as a Serious violation.

8. Process to be followed if violation classified as a Major violation.

C. Miranda Warnings: In all disciplinary proceedings charging an offender with the violation of penitentiary rule or regulation which may be punishable by imprisonment under the criminal laws of the State of Mississippi, the offender so charged shall, in any case where he is not provided with full Miranda warnings, including an opportunity to be represented by counsel, be informed at the outset of the administrative hearing that any statements made or information supplied by him in the course of the disciplinary proceeding shall not be used against him in any subsequent criminal prosecution which may be based upon the facts revealed at the disciplinary proceeding.

SECTION XI

MINOR VIOLATIONS:
A. Misconduct of a Minor nature may be handled by corrective counseling, advising the inmate regarding acceptable behavior, or writing a Rules Violation Report on the act of misconduct. With respect to the Minor Violation charge the Disciplinary Hearing Officer may dispose of the charge himself (or may delegate the responsibility to a designated Program Administrator (COII or above, but not an Acting COII). The Disciplinary Hearing Officer or his delegate will interview the offender involved as soon as possible but not later than five (5) working days after the Disciplinary Hearing Officer receives the Rules Violation Report. He will determine whether further information is needed and if so obtain it and after ascertaining all facts may make any one or more of the following dispositions:
1. Dismissal of the matter if the facts do not support the charge.
2. Counseling, with or without a reprimand.
3. Assignment of extra duty, not to exceed sixteen (16) hours, to be performed over a period not to exceed eight (8) days.*
4. Temporary suspension of privileges, not to exceed five (5) days.

5. Two (2) weekend or holiday lockups.**

6. Confinement to quarters for a period of not more than five (5) days.*

7. Loss of two (2) visiting days; provided, however, no inmate shall lose more than four (4) consecutive visiting days at any one time for multiple Rule Violation Reports.

8. Placing a hold on the inmate's trust fund where there is property damage or loss and the

offender refuses to sign a trust withdrawal slip to compensate for the damage or loss. Removal of

such a hold can only be accomplished via a request to the Program Associate Warden. If the

590

request *590 is granted the money will be released.

9. Recommend loss of five (5) days earned time and/or reduction of a maximum of one step in class subject to final approval by the Classification Committee.

* Cannot award a combination of items 3 and 6 above.

** Weekends will be consecutive and if lockup falls on visiting day, visitation privileges are automatically forfeited for that day.

B. Presence of Accused at Hearing: The accused must be present at the hearing concerning his/her misconduct unless he or she refused to appear and use of force would be required to enforce attendance. No absentia hearing will be held when the inmate is mentally disturbed to such an extent that meaningful participation would be precluded or when the inmate is an escapee-at-large.

C. Witnesses: The offender facing minor disciplinary action will ordinarily not be allowed to call witnesses, but he may present any relevant documentary evidence including written statements of witnesses. However, if the Disciplinary Hearing Officer feels that live testimony is required to insure a just decision, he may afford the offender the qualified right to call witnesses subject to the same limitations as set out in Section XII-D below. If the accused offender disagrees with the Disciplinary Hearing Officer's decision concerning the calling of witnesses, he may exercise his right to refuse punishment in accordance with the provisions of Section XI-G below.

D. Assistance: Where the accused is functionally illiterate or where the complexity of the issue makes it unlikely that the inmate will be able to collect and present the evidence in his case, the accused shall, in preparation of his defense to the disciplinary charges, be free to seek the assistance of a fellow inmate, or else be furnished adequate substitute assistance in the form of help from the penitentiary staff or from a competent inmate designated by the staff.

E. Hearing Decision: The Disciplinary Hearing Officer may delay any decision in order to obtain further information. When the Disciplinary Hearing Officer is satisfied that the relevant information has been obtained, a determination must be made whether the inmate did the act which was reported, and if it is decided the inmate did the reported act, what disposition will be made of the matter. The Hearing Officer must not find the offender guilty as charged unless persuaded by a preponderance of the information presented at the hearing. The Hearing Officer must document on the violation report the basis/facts for his decision.

F. Notification of Decision: As soon as practicable, but not later than 72 hours after the conclusion of the hearing, the Disciplinary Hearing Officer shall make a written statement of the facts setting forth the evidence relied upon and the reasons for the disciplinary action taken to include statements of and names of witnesses when practical. A copy of this written statement shall be made available to the offender.

G. Right to Refuse Punishment: An offender of the Mississippi State Penitentiary when offered punishment by the Disciplinary Hearing Officer or the designated hearing administrator under the provisions of this section has the right to refuse to accept punishment thereunder and request in writing that the violation be heard by the Disciplinary Committee. The offender will be informed prior to the hearing of his right to refuse punishment. A refusal to accept punishment must be so stated by the offender prior to or before any evidence is heard or punishment awarded.

H. Appeal: The right to appeal punishment administered hereunder is absolute. Section XIII sets forth the guidelines to be followed.
SECTION XII
591 SERIOUS VIOLATIONS: When the Disciplinary/Classification Officer deems an offense *591 or an act to be of a substantial nature and meriting punishment greater than that authorized for a "Minor Offense," he will classify the violation as Serious. The Classification Officer will immediately refer the violation report to the Chairman of the appointed Disciplinary Committee for Disciplinary Committee action. The Disciplinary Committee will conduct the disciplinary hearing as soon as possible but not later than ten (10) working days after their receipt of the Rules Violation Report unless additional time shall be required to complete investigations, obtain statements of witnesses, etc.
A. Upon receiving the violation report, the senior member of the committee will:
1. Insure that the accused has been properly notified of the charges placed against him in accordance with Section X hereunder.
2. Review the violation, charges, and other related material to determine if an Investigating Employee or investigator is needed, and if so, effect the necessary appointment.
3. Set a date, time, and place for the hearing and insure that a committee quorum is present when convened.
4. Insure the hearing is conducted in accordance with the procedures contained in this directive.
5. Insure that the committee's final decision is based solely on evidence presented at the hearing and rendered in writing stating factual basis for the decision.
B. Investigating Employee: When an Investigating Employee is requested by the Disciplinary Committee, or by the accused, the following procedure will be followed:
1. The Investigating Employee will be chosen from a designated group of employees of this institution. Upon objection by the offender to the Investigating Employee who is appointed, the Disciplinary Committee may appoint a new investigator. No officer or employee who may have witnessed, reported, or is a member of the Disciplinary Committee, which will consider the misconduct being acted upon, shall be designated.
2. The Investigating Employee will interview the accused, the reporting officer, and any other persons whom he considers may have information pertaining to the act or circumstances presented in the Rules Violation Report. He is to provide the committee with factual information only. He may summarize his factual findings but he should not reach or suggest any conclusion concerning the offender's guilt or innocence. He will have access to all information concerning the inmate's act of misbehavior and will receive the cooperation from all institutional personnel in his investigation. He is to act as a neutral and unbiased investigator seeking truth and fairness. The Investigating Employee shall be subject to call to appear before the committee at the hearing.
3. When an accused offender is interviewed by the Investigating Employee, he (the offender) will be informed of the following rights:
a. That he has the right to remain silent.
b. That anything he says can and will be used against him in the disciplinary proceedings.
4. The Investigating Employee will report his factual findings in writing (typed) to the Disciplinary Committee.

C. Presence of Accused at Hearing: The accused must be present at his/her hearing concerning his/her misconduct unless he or she refused to appear and the use of force would be required to insure attendance. No absentia hearing will be held when the inmate is mentally disturbed to such an extent that meaningful participation would be precluded, or when the inmate is an escapee-at-large.

D. Witnesses:

592

1. The offender charged with a Serious offense shall be allowed to present *592 documentary

evidence and call witnesses to his/her defense at the hearing unless:

a. The Disciplinary Hearing Committee certifies in writing and with particularity that permitting such offender to do so will be unduly hazardous to penitentiary safety and security.

b. Pre-investigation or pertinent documentation indicates that the called witness was not present when the violation occurred or has no knowledge of the incident.

c. The called witness does not desire to appear. In such cases the called witness may submit a sworn statement in the accused's behalf or testify privately. If the called witness does not wish to appear or submit a sworn statement in the accused's behalf, the accused must be notified of the witness' decision in writing.

d. The called witness is not readily available for the hearing by virtue of his/her being away from the penitentiary or the location where the Rules Violation Report is being heard. This would include hospitalization, presence at a satellite facility, release or transfer from the penitentiary subsequent to the violation but prior to the hearing. In this event a transcribed statement may be obtained by the Investigating Employee over the telephone and used in place of the witness' personal appearance.

e. Pre-investigation discloses that the called witness' testimony would be repetitive of that of other called witnesses. In such cases, the accused shall be permitted to select not more than two (2) called witnesses not otherwise disqualified from appearing who are best able to testify in the accused's behalf.

f. The accused shall have failed to request the appearance of a witness by not noting the witness' name in the appropriate blanks on the Charge Sheet or otherwise requesting the witness' appearance in writing to the Disciplinary Hearing Committee within seventy-two (72) hours after his receipt of the Charge Sheet.

2. Whenever an offender is prohibited from calling a witness, the Disciplinary Hearing Committee shall notify the offender in writing and state the reason for such decision.

3. At the discretion of the committee, private testimony may be taken whenever it is believed that revealing the identity of a witness may subject him to personal danger.

4. The Investigating Employee may submit signed original copies of his findings, including any statements which he may have obtained, in lieu of attending the hearing in person. However, he shall be subject to call by the committee at its discretion.

5. Questions may be asked of any witness called to the meeting by committee members, the Investigating Employee, or the accused inmate. The Committee Chairman will exercise control of all questioning to prevent lack of relevancy, harassment, abuse, or repetition.

E. Assistance: Where the accused is functionally illiterate or where the complexity of the issue makes it unlikely that the inmate will be able, adequately, to collect and present evidence in his case, the accused shall, in preparation of his defense to the disciplinary charges, be free to seek the assistance of a fellow inmate, or else be furnished adequate substitute assistance in the form of help from the penitentiary staff or from a competent inmate designated by the staff.

F. Delay of Decision: The Disciplinary Committee may delay any decision in order to obtain further information. When the Disciplinary Committee is satisfied that the relevant information has been obtained, a timely 593 determination must be made whether the inmate *593 did the act which was reported, and if it is decided that the inmate did the reported act, what disposition will be made of the matter. The Disciplinary Committee must not find the accused guilty as charged unless persuaded by a preponderance of the information presented at the hearing.
G. Penalties and Decisions That May Be Imposed: The Disciplinary Committee, after hearing the charge and considering all contributing factors, may make any one or more of the following dispositions:
1. Dismissal of the matter if the facts do not support the charge.
2. Reclassify the charge as either a Major or Minor violation and refer the charge appropriately for disposition under the new classification.
3. Any disposition authorized to be administered by the Disciplinary Hearing Officer for a Minor violation. In addition, he may impose any of the following:
a. Assignment of extra duty, not to exceed 24 hours, to be performed over a period not to exceed twelve (12) days.
b. Recommend reclassification and reassignment.
c. Loss of "Earned Time," or any part thereof, in accordance with § 47-5-127 and § 47-5-139 of the Miss.Code of 1972.
d. Assignment to adjustment center or segregation (isolation) for a period not to exceed twenty (20) days, provided, however, an offender may not serve more than forty (40) consecutive days if found guilty of multiple offenses. During such period visitation, canteen, inmate telephone, movie and radio privileges will be suspended. Inmates so confined will be allowed to show at least once every five (5) days.
e. Complete or partial suspension of any punishment imposed not to exceed six (6) months.
H. Notification of Decision: As soon as practicable after the conclusion of the hearing, but not later than four (4) working days, the Disciplinary Committee shall make a written statement of fact setting forth the evidence relied upon and the reasons for the disciplinary action taken. A copy of this written statement shall be made available to the accused. In the event that revelation of certain evidence upon which the Disciplinary Committee relies will endanger prison security or the safety of inmates or other personnel, such evidence may, with the express approval of the Warden, be omitted from the written statement. In any case where such omission is deemed necessary by the Disciplinary Committee, the written statement shall contain the fact of the omission and the basis therefor.
I. Time Spend in Segregation: Time spent in segregation pending the hearing will be credited toward any segregation sentence imposed unless there is good cause not to grant credit. The reasons not to grant credit will be set forth in writing.
J. Appeal: The accused will be informed in writing of his right to appeal any punishment administered hereunder in accordance with the provisions of Section XIII.
SECTION XIII
APPEAL: Any offender punished under the authority set forth who considers his punishment unjust or disproportionate to the offense may appeal to the next higher authority; to the Disciplinary Committee in the case of punishment administered by the Disciplinary Hearing Officer; to the Warden of the Mississippi State Penitentiary in the event the punishment was administered by the Disciplinary Committee. The appeal shall be promptly prepared and forwarded to the appellate authority; however, appeals not made within a reasonable time

may be rejected by the reviewing authority. In the absence of unusual circumstances, an appeal made more than 594 fifteen (15) days *594 after punishment was imposed may be considered as not having been made within a
reasonable time. Appeals must be made in writing and must include the appellant's reasons for regarding the punishment as unjust or disproportionate. Before acting on an appeal, the Warden may refer the case to a disinterested staff member on the associate or administrative level (but who does not function as a Program Administrator), who will review the case for legal sufficiency and make recommendations in writing to the Warden. When a case is referred to a reviewing authority for advice, he is not limited to an examination of just written matter comprising the record of the proceedings and may make any inquiries he determines to be desirable. In acting upon an appeal, the Warden may remit, mitigate, suspend, or set aside in whole or in part the punishment imposed. After having considered an appeal, the Warden will transmit to the appellant, through channels, a written statement of his disposition of the case. All appeals will be acted upon within a reasonable period of time, not to exceed ten working days.

SECTION XIV

MAJOR VIOLATIONS:

A. A Major violation, always being felonious in nature, will be referred by the Warden to the County District Attorney for possible prosecution. The District Attorney will be requested to advise the institution within twenty (20) working days whether he will present the violation to the Grand Jury. If the District Attorney advises that he will not present the violation to the Grand Jury, the violation will be reclassified as a Serious violation and processed by the Disciplinary Committee as a Serious violation. In all cases, institutional disciplinary consideration of the matter will be postponed until receipt of the District Attorney's decision of the Grand Jury's decision or the Trial Court's disposition of the case. The District Attorney's or the Grand Jury's decision or the Trial Court's disposition will be entered on the Rules Violation Report.

B. Housing During Criminal Prosecution: Any offender transferred to specialized housing pending disposition of a Major violation must be referred to the full Classification Committee without undue delay. The Classification Committee must approve or disapprove such action in writing within one (1) working day after receiving notification to determine if the offender will be returned to his regular program, admitted to a modified program, or will be retained in a specialized housing unit pending final disposition by the District Attorney. In reaching its conclusion, the Classification Committee must consider the nature of the charges pending against the offender in the criminal proceedings, and will assume the information stated in the report forwarded to the District Attorney to be true. The Classification Committee should make every effort to place the offender in as normal a program as possible under the circumstances. Continued retention in a specialized housing unit pending disposition of the charges by the District Attorney is warranted only when:

1. The offender has a record of assaultive or displays imminently assaultive behavior.

2. The offender presents an escape risk of unusual persistence.

3. The offender has requested, or appears to require protective custody.

4. A staff psychiatrist prescribes segregation based upon the offender's mental condition.

5. The safety and security of the institution will be threatened if the offender is not placed in restricted housing.

Normal Classification Committee procedures will be followed, except as follows: The offender will

be advised that he does not need to appear before the committee. If he chooses to appear before

595

the committee, he will be advised that he need make no statement and that the committee *595

will ask no questions concerning the pending criminal charges. He will be advised that the

committee, when determining appropriate housing pending disposition of the charge, will consider

volunteered information presented as assistance in making a suitable housing determination.

However, he will be informed that any information provided in regard to the alleged offense

committed may be used against him in the forthcoming court trial proceeding.

SECTION XV
RULE VIOLATION REPORT FILING: Rule Violation Reports (RVR) will be filed as follows:
A. When an offender is found guilty of committing a rule or regulation violation the original copy of the RVR, with all supporting documentation attached, will be placed in the offender's permanent Department of Corrections record; but when the offender is found guilty of only some part of the rule or regulation violation that he or she was originally charged with in connection with a single incident, and where that incident is described in a single RVR, the offender's record will show clearly the violations that were not proven.
B. When an offender is found not guilty of committing a rule or regulation violation the RVR will not be placed in the offender's permanent Department of Corrections record but may be placed in a separate file and used for statistical or research purposes providing the identity of the offender is not released or used in any detrimental way against the concerned offender.
SECTION XVI
CHANGES AND RECOMMENDATIONS: These disciplinary procedures will not be deviated from for any reason without the specific approval of the Warden. When any such deviation is authorized, it will be documented and become part of the Violation Report. Meaningful recommended changes to these procedures are solicited. Recommendations must be in writing indicating the recommended change(s) and the reason(s) therefor. These procedures will also be reviewed periodically for soundness and validity and to incorporate any changes deemed necessary.

OLD RULES/PROHIBITED ACTS PROHIBITED ACTS AND RULE VIOLATION NUMBERS

201-1 201-2 201-3 defense. 201-4

201-5 202-25

201-6 201-8 201-9

201-7 201-22 202-27

201-10 201-11 201-12 201-13

201-14 201-15

9-2-1 Killing or assaulting any person. 9-2-2 Fighting with another person except in self-
9-2-3 Extortion, blackmail, demanding or receiving money or anything of value in return for protection from others to avoid bodily harm or under threat of informing.
9-2-4 Engaging in sexual acts with others or indecent exposure.
9-2-5 Escape, attempting to escape or planning escape. 9-2-6 Setting a fire. 9-2-7 Willfully or maliciously destroying, altering or damaging
state property or the property of others. 9-2-8 Stealing (theft). 9-2-9 Unauthorized possession of the following: gun, firearm,
weapon, sharpened instrument, knife, tool, or any explosive or ammunition, or possession, or introduction, or use of any narcotics, narcotic paraphernalia, drugs, or intoxicants not prescribed for the individual by the medical staff. 9-2-10 Rioting or encouraging others to riot.

596 *596 201-16 202-44

9-2-11

Engaging in or encouraging any group demonstration or conduct which disrupts or interferes with the security or orderly running of the Mississippi State

201-18 201-19 201-20 201-21 202-23 202-29 202-28 or 202-31 202-26
202-32 202-33 202-34 202-36 202-38 202-39 202-40 202-41
202-42 202-43 202-45 202-46 202-47 202-48
201-17

Penitentiary.

9-2-12 Making intoxicants or being intoxicated.

9-2-13 Preparing or conducting a gambling pool or gambling.

9-2-14 Giving or offering any staff member a bribe or anything of value.

9-2-15 Threatening another in any way with bodily harm or with any offense against his person or his property.

9-2-16 Unauthorized possession of money, bank checks, money orders, blank checks, foreign currency and/

medication.

9-2-17

Possessing any officer's or staff member's clothing unless specifically authorized or possession of free world trousers unless properly configured as prison clothing.

9-2-18 Refusing to work or encouraging others to refuse to work or participation in work stoppage.

9-2-19 Refusing to obey the order of any staff member.

9-2-20 Malingering or feigning an illness.

9-2-21 Lying or providing a false statement to any staff member.

9-2-22 Being in an unauthorized area without official permission.

9-2-23

Willfully using any equipment or machinery, or vehicle which is not authorized or is contrary to instructions or posted facility standards or using in such a manner as to abuse the equipment or machinery or endanger the lives of others.

9-2-24 Failing to stand count or interfering with the taking of the count.

9-2-25 Failure to follow safety or sanitation regulations including smoking where prohibited.

9-2-26 Tattooing or self-mutilation.

9-2-27

Unauthorized use of telephone or telephone privileges or violation of mail or visiting privileges, or fraudulent use of the mail or postage stamps for personal gain.

9-2-28 Counterfeiting, forging, altering, or unauthorized

202-49

202-50

202-37

597 *597 202-37 201-16

202-34 202-48 202-51

201-22

reproduction of any article of identification, money, negotiable instrument, security, or official paper.

9-2-29

Giving money or anything of value to, or accepting money or anything of value from another inmate, a member of his family, or his friends without prior written approval.

9-2-30 Unauthorized possession of any eating or cooking utensil.

9-2-31 Using abusive or obscene language.

9-2-32
9-2-33 9-2-34 9-2-35

Being loud, boisterous or disorderly to the extent the din disturbs the tranquility of the institution. Failure to conform to grooming standards. Unauthorized contacts with the public. Attempting to commit any of the above offenses, aiding another person to commit any of the above offenses, and making plans to commit any of the above offenses shall be considered the same as a commission of the offense itself.

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 </s> 489 F.2d 298 (1973)
Nazareth GATES et al., Plaintiffs-Appellees, and United States of America, Plaintiff-Intervenor-Appellee,
v. John COLLIER, Superintendent, Mississippi State Penitentiary, et al., Defendants-
Appellants.
No. 73-1790.
United States Court of Appeals, Fifth Circuit.
December 5, 1973.
A. F. Summer, Atty. Gen. of Miss., William A. Allain, Asst. Atty. Gen., P. Roger Googe, Jr., Sp. Asst. Atty. Gen., Jackson, Miss., for defendants-appellants.
Roy S. Haber, Native American Rights Fund, Boulder, Colo., Frank R. Parker, Jackson, Miss., Edward J. Reilly, New York City, for plaintiffs-appellees.
Michael Davidson, Jesse H. Queen, Thomas R. Sheran, U. S. Dept. of Justice, Civil Rights Div., Washington, D. C., H. M. Ray, U. S. Atty., Oxford, Miss., for intervenor.
Before TUTTLE, BELL and GOLDBERG, Circuit Judges.
TUTTLE, Circuit Judge:
This appeal deals only with the correctness of the judgment of the trial court awarding attorney fees to the plaintiffs in this prisoner suit. It grew out of, and is a companion case to, Gates, et al., and United States v. John Collier, Superintendent, etc., No. 73-1023, which is under submission to this Court.
In the original complaint, filed by counsel now seeking counsel fees, and later supported by the United States of America, which intervened in the trial court the principal allegations were:
There are two classes for whose benefit suit was brought by the named plaintiffs : (1) a class composed of all present and future inmates of Mississippi State Prison (Parchman) ; (2) a class composed of present and future black inmates of Parchman.
Each class alleged that it was subjected to the deprivation of rights and to conditions and practices which amounted to cruel and unusual punishment, that it was subjected to censorship of its mail and that it was 299 deprived of the due process of law in violation of the first, eighth and fourteenth amendments. *299 Each class further alleged that it had been deprived of the equal rights under law guaranteed to it by 42 U.S.C.A. § 1981, of the rights, privileges and immunities guaranteed to it by 42 U.S.C.A. § 1983, and had been subjected to a conspiracy to interfere with its civil rights in violation of 42 U.S.C.A. § 1985.
In addition, the class composed of present and future black inmates alleged it was deprived of its fourteenth amendment right to equal protection by virtue of being segregated from other inmates and of being incarcerated under worse conditions than other inmates.
Plaintiffs sought an injunction against the deprivation of such rights during their incarceration and against certain practices and conditions existing at Parchman. Plaintiffs also sought a declaratory judgment that the deprivation of such rights and the continuation of such practices and conditions were unconstitutional.
All parties conducted extensive pretrial discovery proceedings. Plaintiffs' counsel expended considerable time, money and energy gathering proof. His affidavit in the court below details all the hours and services he was forced to expend on plaintiffs' behalf to prosecute a wholly unnecessary action in the face of an unyielding defense. On May 11, 1972, four days before trial, counsel for all parties agreed to waive presentation of evidence

in open court and to submit the case on the record including pleadings, stipulations, depositions, interrogatories and answers, offers of proof, factual summaries, proposed trial plans, evidentiary synopses, photographs, exhibits, reports and other documentary evidence assembled by the parties. All of these items were admitted into evidence, defendants stipulating that they would not contest the facts set forth therein.

Moreover, the Governor himself, seeking to limit the record, asked the Court: "Isn't there enough of the incriminating facts in these depositions and interrogatories to give the Court adequate grounds to find a conclusion of fact that the first amendment and all other constitutional provisions have been violated . . .?" The Governor of the State of Mississippi in fact conceded: "We are, in effect, Your Honor admitting that the constitutional provisions have been violated." This was well over a year after the action was brought and years after the major constitutional violations had occurred.

Among the district court's findings, Gates v. Collier, 349 F.Supp. 881 (N.D. Miss.1972), were the following:

1. The policy and practice at Parchman has been and is to maintain a system of prison facilities segregated by race through which black inmates are subject to disparate and unequal treatment. (Finding # 7)

2. The housing units at Parchman are unfit for human habitation. Facilities for the disposal of human waste at all camps are shockingly inadequate and present an immediate health hazard. Contamination of the prison water supply caused by inadequate sewerage has led to the spread of infectious diseases. (Finding # 8)

3. The medical staff and available facilities at Parchman fail to provide adequate medical care for the inmate population. (Finding # 11)

4. All inmates, except those confined in the Maximum Security Unit, are housed in open barracks known as "cages." The risk of personal injury created by cage confinement is increased by (a) defendants' failure to classify inmates, (b) the prison's reliance on inmates rather than trained guards, and (c) the failure of prison authorities to confiscate weapons. (Finding # 12)

5. Armed inmate trusties, selected without objective criteria or uniform standards and insufficiently

trained to cope with their duties, perform the primary guard function at Parchman. Apart from

abusing their authority and engaging in loan-sharking, extortion and other illegal conduct, the

300

trusties at Parchman have shot, *300 maimed or otherwise physically maltreated scores of

inmates subject to their control. (Findings # 13 and # 14)

6. Inmates at Parchman relegated to the punishment side of the Maximum Security Unit have often been placed in the "dark hole" without clothes, hygiene materials or adequate food for periods of 48 to 72 hours. (Finding # 17)

7. Physical brutality is regularly inflicted on inmates by prison authorities. (Finding # 18)

8. Inmates subject to disciplinary action for alleged violations of prison rules are deprived of any semblance of procedural or substantive due process. (Findings # 19 and # 20)

9. Illegal censorship of prisoners' mail is commonplace. (Findings # 21)

Following a hearing on the proper form of relief, the court entered judgment on October 20, 1972, Gates v. Collier, 349 F.Supp. 881 (N.D.Miss.1972), restraining defendants and their agents from

"performing, causing to be performed or permitting to continue acts, practices and conditions found to exist in connection with the maintenance, operation and administration of the Mississippi State Penitentiary at Parchman, Mississippi, in violation of the First, Sixth, Eighth and Fourteenth Amendments to the United States Constitution." 349 F.Supp. at 898.

The court's judgment, in conformity with its findings and conclusions, specifically enjoined continued constitutional violation and mandated defendants to rectify each unconstitutional condition and practice.

Defendants have appealed from the judgment (Appeal No. 73-1023 before this Court). Having admitted to all the facts and conceding the constitutional violations, defendants have nevertheless appealed from the judgment on the ground that the complaint fails to state a recognized cause of action. Furthermore, defendants continually sought extensions and delays from compliance with the district court's orders. Defendants' submission of plans required by the district court's order have been found to be inadequate even after substantial delays and defendants continue to delay and obstruct any improvement in the conditions at Parchman. Such delays have necessitated the expenditure of additional time and money by plaintiffs' counsel.
On July 25, 1972, while the case was pending before the district court, plaintiffs' counsel moved for an award of attorney's fees and expenses. Defendants opposed the motion. In support of the motion plaintiffs' counsel filed a memorandum of law, an affidavit detailing his hours, the services performed and the expenses incurred, and the affidavits of two experienced attorneys practicing in the same area regarding the reasonableness of the requested fees. Plaintiffs' counsel's affidavit shows the many hours of work required to marshall all the evidence which forced defendants to concede and forego trial.
On February 14, 1973, the district court awarded plaintiffs' counsel $41,750 for services and $10,986.05 for costs and expenses incident to maintenance of the action. The award did not run against the defendants personally or individually but in their official capacities and was directed to be paid from the operating funds of Parchman. The defendants have now appealed from this award of attorney's fees and expenses.
The parties do not dispute the correctness of the trial court's standard for determining whether attorney's fees should be awarded; the court based its decision on a finding that the defendants' conduct was violative of the plaintiffs' constitutional rights and that their unlawful conduct was "unreasonably and obdurately obstinate."[1]
301 *301 There can be no question about the adequacy of the trial court's findings to warrant the awarding of attorney's fees:
"In the instant case, we have no difficulty in finding that defendants' actions were unreasonable and obdurately obstinate. From commencement of the suit on February 8, 1971, defendants staunchly denied the existence of unconstitutional practices and conditions at Parchman. Defendants continued to adhere to this position at several lengthy evidentiary hearings of an interlocutory nature. The position thus consistently maintained by defendants compelled plaintiffs' attorney to expend time and expenses which otherwise would not have been incurred. Consequently in preparation of plaintiffs' case, plaintiffs' attorney engaged in extensive pre-trial discovery, made numerous trips to Parchman, interviewed hundreds of inmates, and submitted a plethora of motions and accompanying legal memoranda. We are convinced that only because of the overwhelming magnitude of evidence gathered by plaintiffs' attorney in cooperation with the Department of Justice in support of the allegations contained in the complaint did defendants in effect recognize the futility of a full evidentiary hearing and submit the case on a virtually agreed record.
* * * * * *
"As set forth in this court's Findings of Fact, the unconstitutional conditions and practices at Parchman have long existed as a result of public and official apathy, despite the notoriety of matters affecting prison administration stemming from prior reports to the State Legislature and widespread publicity of the news media. The court in its previous findings simply declared facts that were well documented and known to all interested in the subject. Constitutional rights of inmates may not be thwarted or ignored because of frequent changes in prison personnel and officials. We now hold that the state of the law in the area of prisoner rights was sufficiently settled so that it should have been unnecessary for this action to be brought; this suit was necessary only because of defendants' unreasonable refusal to comply with accepted constitutional principles. We are further convinced that the unnecessary delay, extraordinary efforts and burdensome expenses incurred incident to the resolution of this case were occasioned because of defendants'

maintenance of their defense in an obdurately obstinate manner. Thus, plaintiffs' attorney is entitled to reasonable fees and expenses."
See on the general issue of attorney's fees in civil rights litigation Horton v. Lawrence County Board of Education, 302 449 F.2d 793 (5th Cir. 1971); Lee v. *302 Southern Home Sites Corp., 444 F.2d 143 (5th Cir. 1971).
The only issue of concern in this appeal arises from the fact that the trial court fashioned its decree for attorney's fees in a manner that caused the defendants to challenge this award as being prohibited by the principle of sovereign immunity and, by analogy, to the eleventh amendment to the United States Constitution. See Hans v. State of Louisiana, 134 U.S. 1, 10 S.Ct. 504, 33 L.Ed. 842 (1889). This contention is a familiar one in cases in which courts have entertained actions against state officials, boards and commissions in equity. See, e.g., Orleans Parish School Board v. Bush, 242 F.2d 156 (5th Cir. 1957) and the many school cases subsequently decided by this Court.
In Sims v. Amos, 336 F.Supp. 924, 340 F.Supp. 691 (M.D.Ala.1972), aff'd., 409 U.S. 942. 93 S.Ct. 290, 34 L.Ed.2d 215 (1972), the District Court for the Middle District of Alabama dealt with the award of attorney's fees and expenses incurred in a suit against the Governor, state legislators, the attorney general and the secretary of state of Alabama. The Court expressly held against the "Alabama State Legislators, the Governor, the Attorney General and the Secretary of State."
In their jurisdictional statement to the Supreme Court, the defendants in Sims stated:
"the award to the plaintiffs of their attorney's fees and expenses incurred and in the taxing of these items as costs against the defendants who are elected state officials sued in their official capacity . . . was tantamount to the award of a money judgment against the State of Alabama in direct violation of the doctrine of sovereign immunity."
The Supreme Court affirmed the judgment of the three-judge district court without opinion. In the California case of La Raza Unida v. Volpe, 57 F.R.D. 94 (N.D.Cal.1972), the court noted:
"That federal courts have awarded attorney's fees to successful litigants against state officers without statutory authority cannot be denied. See, e. g., Sims v. Amos, supra, (Governor of Alabama and Secretary of State); Wyatt v. Stickney, 344 F.Supp. 373 (M.D.Ala. decided April 13, 1972), (State regulatory agency). See also, Cooper v. Allen, supra, (Mayor of Atlanta, Georgia); Brewer v. School Board of Norwalk (sic), supra [456 F.2d 943] (school board); Hammond v. Housing Authority & Urban Renewal Agency of Lane County, 328 F. Supp. 586 (D.Or.1971), (municipal housing authority). But of course, the eleventh amendment has been read not to apply to local bodies. Lincoln County v. Luning, 133 U.S. 529, 10 S. Ct. 363, 33 L.Ed. 766 (1890).
"Since we conclude as the court did in Sims that the state may no more immunize an individual from costs incident to an injunction than it may insulate him from the injunction itself, we find that sovereign immunity does not bar an award of attorney's fees against Chief Engineer Legarra. . . ." 57 F.R.D. at 101-102.
This Court has said that in such a suit as this the award of attorney's fees is not an award of damages against the State, even though funds for payment of the costs may come from the state appropriations. In Harkless v. Sweeny Independent School District, 427 F.2d 319 (5th Cir. 1970) we said:
"Section 1983 was designed to provide a comprehensive remedy for the deprivation of federal constitutional and statutory rights. The prayer for back pay is not a claim for damages, but is an integral part of the equitable remedy of injunctive reinstatement." 427 F.2d at 324.
Although the trial court had the power to assess attorney's fees and expenses against the individual defendants 303 found to have engaged in the unconstitutional conduct,[2] we think it does not vitiate the *303 award because the
trial court prescribed that this part of the costs[3] were to be payable "from funds which the Mississippi Legislature, at its 1973 Session, may appropriate for the operation of the Mississippi State Penitentiary," and were not to be "the personal, or individual, liability of the varied defendants or any of them." See also, the

following cases which have dealt with this question: La Raza Unida v. Volpe, 57 F.R.D. 94 (N.D.Cal.1972); Brewer v. School Board of City of Norfolk, Va., 456 F.2d 943 (4th Cir. 1972) cert. den., 406 U.S. 933, 92 S.Ct. 1778, 32 L.Ed.2d 136 (1972); Thompson v. Richland Parish Police Jury, 5 Cir., 478 F.2d 1401 [No. 72-3413, June 13, 1973]; Wyatt v. Stickney, 344 F.Supp. 387 (M.D.Ala.1972).
The judgment appealed from is affirmed.
[1] While we adopt the standard agreed to by the parties and applied by the district court, we note that different standards than `unreasonably and obdurately obstinate' have occasionally been found applicable by federal courts. One such standard is that plaintiff's counsel is entitled to attorneys' fees on the private attorney general theory.
The private attorney general theory is derived from the Supreme Court opinions in Newman v. Piggie Park Enterprises, Inc., 390 U.S. 400, 88 S.Ct. 964, 19 L.Ed.2d 1263; and Mills v. Electric Auto-Lite Co., 396 U.S. 375 at 389-397, 90 S.Ct. 616, 24 L.Ed.2d 593. The theory is that private plaintiffs have aided in effectuating important Congressional and public policies. Attorneys fees have not only been granted in suits brought under the Civil Rights Acts, 42 U.S.C.A. §§ 1981, 1982, 1983, e.g., Sims v. Amos, 336 F.Supp. 924 (M.D.Ala.1972) (3 judge court) (§ 1983); Cooper v. Allen, 467 F.2d 836 (5th Cir. 1972) (§ 1981); Lee v. Southern Home Sites Corp., 444 F.2d 143 (5th Cir. 1971) (§ 1982); Knight v. Auciello, 453 F.2d 852 (1st Cir. 1972) (§ 1982); Jinks v. Mays, 350 F.Supp. 1037 (N.D.Ga.1972) (§§ 1981-1983); N.A.A. C.P. v. Allen 340 F.Supp. 703, 708-710 (M. D.Ala.1972) (§ 1983), but also under various other federal statutes, e.g., Yablonski v. United Mine Workers, 151 U.S.App.D.C. 253, 466 F.2d 424 (1972), cert. denied, 412 U.S. 918, 93 S.Ct. 2729, 37 L.Ed.2d 144 (1973) (Labor-Management Recording and Disclosure Act); La Raza Unida v. Volpe, 57 F.R.D. 94 (N. D.Cal.1972) (various federal transportation statutes).
[2] In which event, of course, everyone knows they would be "bailed out" by the State.
[3] No contention is made by the appellants that the other elements of the costs of litigation, perhaps quite substantial, could not be taxed in the manner in which the attorney's fees and expenses were charged.
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 </s> 500 F.2d 1382 (1974)
Nazareth GATES et al., Plaintiffs-Appellees, and UNITED States of America, Plaintiff-Intervenor-Appellee,
v. John COLLIER, Superintendent, Missississippi State Penitentiary, et al., Defendants-
Appellants.
No. 73-1790. United States Court of Appeals, Fifth Circuit.
September 9, 1974. A. F. Summer, Atty. Gen. of Miss., William A. Allain, Asst. Atty. Gen., P. Roger Googe, Jr., Special Asst. Atty. Gen., Jackson, Miss., for defendants-appellants. Roy S. Haber, Native American Rights Fund, Boulder, Colo., Frank R. Parker, Jackson, Miss., Edward J. Reilly, New York City, for plaintiffs-appellees. Michael Davidson, Jesse H. Queen, Thomas R. Sheran, U. S. Dept. of Justice, Civil Rights Div., Washington, D. C., H. M. Ray, U. S. Atty., Oxford, Miss., for intervenor. Before BROWN, Chief Judge, and WISDOM, GEWIN, BELL, THORNBERRY, COLEMAN, GOLDBERG, AINSWORTH, GODBOLD, DYER, SIMPSON, MORGAN, CLARK, RONEY and GEE, Circuit Judges.
ON PETITION FOR REHEARING AND PETITION FOR REHEARING EN BANC
(Opinion December 5, 1973, 5 Cir., 1974, 489 F.2d 298).
BY THE COURT: A member of the Court in active service having requested a poll on the application for rehearing en banc and a majority of the judges in active service having voted in favor of granting a rehearing en banc. It is ordered that the cause shall be reheard by the Court en banc with oral argument on a date hereafter to be fixed. The Clerk will specify a briefing schedule for the filing of supplemental briefs.
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 </s> 501 F.2d 1291 (1974)
Nazareth GATES et al., Plaintiffs-Appellees, and United States of America, Plaintiff-Intervenor-Appellee,
v. John COLLIER, Superintendent, Mississippi State Penitentiary, et al., Defendants-
Appellants.
No. 73-1023.
United States Court of Appeals, Fifth Circuit.
September 20, 1974.
129234 *1292 *1293 *1294 A. F. Summer, Atty. Gen., William A. Allain, P. Roger Googe, Jr., Asst. Attys. Gen., Jackson, Miss., for defendants-appellants.
H. M. Ray, U. S. Atty., Oxford, Miss., Michael Davidson, Jesse H. Queen, Thomas R. Sheran, Dept. of Justice, Civil Rights Div., Washington, D. C., for intervenor.
Roy S. Haber, Native American Rights Fund, Boulder, Colo., George Peach Taylor, Frank R. Parker, Jackson, Miss., Edward J. Reilly, New York City, for plaintiffs-appellees.
Before TUTTLE, BELL and GOLDBERG, Circuit Judges.
TUTTLE, Circuit Judge:
This appeal by the Superintendent of the Mississippi State Penitentiary, members of the Mississippi Penitentiary Board, and the Governor of the State of Mississippi, challenges the nature and extent of the equitable relief granted by the district court which required major physical facility renovations and administrative reforms at the 1295 Mississippi *1295 State Penitentiary, at Parchman, Mississippi (hereinafter Parchman). The district court made extensive findings of fact and conclusions of law, reported in Gates v. Collier, 349 F.Supp. 881 (N.D. Miss.1972). The decision held that the conditions and practices in the maintenance, operation and administration of Parchman deprived inmates of rights secured by the First, Eighth, Thirteenth and Fourteenth Amendments and by 42 U.S.C.A. §§ 1981, 1983, 1985 and 1994, and granted injunctive and declaratory relief for the plaintiffs.
The decision of this Court has been withheld pending a decision by the Supreme Court in the case of Wolff v. McDonnell, 418 U.S. 539, 94 S.Ct. 2963, 41 L.Ed.2d 935, 1974, a case which dealt with some of the issues here on appeal.
The inadequateness of the Parchman prison facilities and its "trusty" personnel system as practiced are well established by the fact that the Governor of Mississippi forthrightly conceded the existence of constitutional violations in the Parchman operations: "We are, in effect, Your Honor, admitting that the constitutional provisions have been violated." The Governor asked the court: "Isn't there enough of the incriminating facts in these depositions and interrogatories to give the Court adequate grounds to find a conclusion of fact that the First Amendment and all other constitutional provisions have been violated . . .?" A consultant committee engaged by the Mississippi State Planning Agency, the Law Enforcement Assistance Administration (LEAA) and the American Correctional Association concluded that present conditions at Parchman are "philosophically, psychologically, physically, racially and morally intolerable." The district court's abstract of the findings of fact about the conditions and practices at Parchman paints a shocking picture.
We proceed to summarize the structure of the decision, to examine whether any issues in this case must be initially considered by a statutory three-judge court, to review the court's determination of the merits, and to discuss why we reject the appellants' contention that the relief was too "sweeping."

I. SYNOPSIS OF DISTRICT COURT'S ORDER
This action was commenced on February 8, 1971, by two overlapping classes of plaintiffs. The first class consisted of all inmates confined at Parchman, while the second class was comprised of black inmates whose grievances included racial discrimination and segregation, as well as deprivation of the broad range of rights claimed by the first class. A motion by the United States to intervene in this suit pursuant to 42 U.S.C.A. § 2000h-2 was granted on August 23, 1971. Thereafter, the parties conducted protracted pre-trial discovery proceedings. On May 11, 1972, four days before trial, counsel for all parties agreed to waive presentation of evidence in open court and to submit the case on the record including pleadings, stipulations, depositions, interrogatories and answers, offers of proof, factual summaries, proposed trial plans, evidentiary synopses, photographs, exhibits, reports and other documentary evidence assembled by the parties. All of these items were admitted into evidence, defendants stipulating that they would not contest the facts set forth therein. Findings of fact and conclusions of law were issued by the district court on September 12, 1972, but judgment was reserved pending a hearing on the proper form and measure of relief to be granted.
Beginning on October 16, 1972, the district court held a two day hearing to solicit testimony from all interested parties and tehnical experts in order to assist its fashioning an appropriate judgment. Representatives of the LEAA advised the court that federal funds were available to aid the improvement of the conditions at Parchman. In the decision rendered on October 20, 1972, the district court divided its injunctive relief into two parts: (A) immediate and intermediate and (B) long-range.
1296 *1296 The (A) immediate and intermediate relief was directed towards (1) the elimination of unconstitutional censorship of prisoner mail; (2) the establishment of definite and constitutionally permissive rules and regulations regarding inmate discipline; (3) the prohibition of any form of corporal punishment of such severity as to offend present day concepts of human dignity; (4) the ban against use of disciplinary segregation or isolation at the Maximum Security Unit except under conditions which would satisfy the requirements of the cruel and unusual punishment clause; (5) the improvement of medical facilities and staff; (6) the institution of reasonable procedures to protect inmates from assault by fellow inmates; (7) the abolition of the trusty system insofar as it utilizes trusties in custodial positions; (8) and certain renovations in the physical facilities involving health hazards at Parchman.
Regarding the (B) long-range relief, the court ordered the defendants to submit "a comprehensive plan for the elimination of all unconstitutional conditions in inmate housing, inadequate inmate housing, inadequate water, sewer and utilities, inadequate fire fighting equipment, inadequate hospital and other structures condemned by this court."
II. NECESSITY OF A THREE-JUDGE COURT
At the outset, we must determine whether any questions in this case should have been presented initially to a statutory three-judge court. This task is imperative in light of the recent decision of this Court sitting en banc in Sands v. Wainwright et al., 491 F.2d 417 (5th Cir. 1974), which consolidated for opinion purposes four cases concerning inmates' rights in state prisons. Sands et al. held that 28 U.S.C. § 2281 requires the empanelling of a three-judge court if the action to be enjoined is authorized by statewide prison regulations.
However, having examined the issues in the en banc litigation we conclude that this law suit although similarly involving statewide prison regulations is presented in a significantly different posture, so as to preclude the necessity of a three-judge court. As we have already noted, the Governor of the State of Mississippi conceded the unconstitutionality of the practices and conditions at Parchman. For the following reasons this factor in the case at bar substantially distinguishes its framework from Sands et al. and precludes a finding that a substantial constitutional question is in controversy in this case, a prerequisite to empanelling a three-judge court.

In Sands et al. this Court thoroughly reviewed the decisions having either an expansive or limiting impact on the application of the three-judge court statute, 28 U.S.C. § 2281.[1] As outlined in the en banc opinion, one limiting
doctrine is

"the rule that a three-judge court need not be convened when either the constitutional attack on the State statute or regulation is insubstantial, Ex parte Poresky, 1933, 290 U.S. 30, 54 S.Ct. 3, 78 L.Ed. 152, or the constitutional defense is frivolous, Bailey v. Patterson, 1962, 369 U.S. 31, 82 S.Ct. 549, 7 L.Ed.2d 512." Sands et al., supra, 491 F.2d at 422.

Ex parte Poresky also teaches us that:

1297

"the question may be plainly insubstantial, either because it is `obviously without merit' or because `its unsoundness so clearly results from the *1297 previous decisions of this Court as to foreclose the subject and leave no room for the inference that the question sought to be raised can be the subject of controversy.'" 290 U.S. at 32, 54 S.Ct. at 4.[2]

The only problem is that the test for determining the substantiality of the constitutional question elucidated in Ex Parte Poresky, supra, does not afford a formula which can be applied to a particular case with mathematical precision. See Green v. Board of Elections of City of New York, 380 F.2d 445, 448 (2d Cir. 1967). Fortunately, another Supreme Court decision, Bailey v. Patterson, 369 U.S. 31, 82 S.Ct. 549, 7 L.Ed.2d 512 (1962), further clarified this test. In Bailey plaintiffs sought to enforce their rights to non-segregated transportation, allegedly refused them under color of state statutes. On appeal from an abstention order of a three-judge court, the Supreme Court held that the case was one for a single judge. Stressing that prior decisions had settled beyond argument that statutes requiring segregation of transportation were unconstitutional, the Court held:

"Section 2281 does not require a three-judge court when the claim that a statute is unconstitutional is wholly insubstantial, legally speaking non-existent. Ex parte Poresky, 290 U.S. 30, 54 S.Ct. 3, 78 L.Ed. 152; Bell v. Waterfront Comm'n, 2 Cir., 279 F.2d 853, 857-858. We hold that three judges are similarly not required when, as here, prior decisions make frivolous any claim that a state statute on its face is not unconstitutional. Willis v. Walker, D.C., 136 F.Supp. 181; Bush v. Orleans Parish School Board, D.C., 138 F.Supp. 336; Kelley v. Board of Education, D.C., 139 F.Supp. 578. We denied leave to file petitions for mandamus in Bush, 351 U.S. 948, 76 S.Ct. 854, 100 L.Ed. 1472, and from a similar ruling in Booker v. Tennessee Board of Education, 351 U.S. 948, 76 S.Ct. 856, 100 L.Ed. 1472. The reasons for convening an extraordinary court are inapplicable in such cases, for the policy behind the three-judge requirement 0907that a single judge ought not to be empowered to invalidate a state statute under a federal claim 0907does not apply. The three-judge requirement is a technical one to be narrowly construed, Phillips v. United States, 312 U.S. 246, 251, 61 S.Ct. 480, 483, 85 L.Ed. 800." Id. at 33, 82 S.Ct. at 551. (Emphasis supplied).

The import of the Bailey decision was to make it clear that a substantial constitutional question was not in controversy, not only when the claim was simply a frivolous attack on the constitutionality of a statute, but also when the unconstitutionality of a statute was obvious.

It is further significant that Professor Currie in his often cited article "The Three Judge District Court in Constitutional Litigation," 32 Chi.L.Rev. 1, 64-65 (1964), surmised that:

"[t]his somewhat startling decision [Bailey v. Patterson, supra] had been foreshadowed by several opinions from the Fifth Circuit where confronted with great numbers of segregation cases all presenting the same, already decided question, the courts were understandably eager to avoid the burden of so many extraordinary benches. E. g., Board of Supervisors v. Tureaud, 225 F.2d 434, 446 (5th Cir. 1966) (Rives, J., concurring)."

1298 *1298 Continuing his exposition on the impact of Bailey, Professor Currie also stated:

"Perhaps as when the invalidity of the statute is conceded there is no plausible claim of authorization by a `statute.'" Id. at 65.

At another juncture in the article, footnote 222, the principle is reiterated in this manner:
"Again, three judges are not required if the defendants concede the unconstitutionality of the statutes, for in substance this too is to disclaim reliance on a statute. Gibson v. Board of Pub. Instruction, 170 F.Supp. 454, 457 (D.Fla.1958); McKissick v. Durham Bd. of Educ., 176 F.Supp. 3, 12 (M.D.N.C.1959)."
In addition in Gibson v. Board of Pub. Instruction, 170 F.Supp. 454 (S.D.Fla. 1958), the court held that the Florida statute in question obviously violated the constitution under the Brown decision, pointing out that all parties conceded this fact. No discussion was necessary; the court simply stated: "All parties concede this fact. A threejudge court, in this case, is not required," citing Bush v. Orleans Parish School Board, 138 F.Supp. 337 (E.D.La.1956); Carson v. Warlick 238 F.2d 724 (4th Cir. 1956); Kelley v. Board of Education of Nashville, 139 F.Supp. 578 (M.D.Tenn.1956), aff'd., 270 F.2d 209 (6th Cir. 1959).
Two other decisions referred to in Bailey are noteworthy: Willis v. Walker, 136 F.Supp. 181 (W.D.Ky.1955) and Kelley v. Board of Educ., 139 F.Supp. 578 (M.D.Tenn.1956). The plaintiffs in Willis v. Walker, supra, challenged the constitutionality of a state statute and constitutional provision authorizing segregation; the defendants "freely conceded" that such constitutional and statutory provisions were invalid by reasons of the Supreme Court's decision in Brown v. Board of Educ., 347 U.S. 483, 74 S.Ct. 686, 98 L.Ed. 873 (1954). Similarly, in Kelley v. Board of Educ., supra, a desegregation case controlled by Brown, the court held that there was no necessity for a threejudge court, since the unenforcibility of the constitution and statutes has been "conceded" by the defendants.
Therefore, it has become settled that to justify convening a three-judge court it must appear that the constitutional question is a reasonably debatable one, and if the point raised in support of the allegation of unconstitutionality is one already determined by the Supreme Court, this precludes constitutional questions from being regarded as substantial. Another corollary of this principle is that if the parties concede the unconstitutionality of a statute or regulation or practice, there is no room for inference that the constitutional question raised is to be the subject of the controversy. Therefore, the question of the constitutionality of a given act may be insubstantial because previous decisions have either upheld or outlawed the act, or, as we hold here, because the parties have conceded the unconstitutionality of all of the alleged acts whether authorized by statute or regulation or merely practiced.
Just as the law became well-defined in the school desegregation suits, so progress the prisoner rights cases based on the conditions of inmate habitation and practices of prison administration. Apparently, the Governor of Mississippi, in recognition that Parchman was operated in such an unacceptable manner, chose to concede the unconstitutionality of the conditions and practices. The defendants on appeal to this Court only challenged the extent of the relief granted, and disputed neither the questions of fact nor conclusions of law made by the district court. Neither did the defendants urge the empanelling of a three-judge court. Of course, such a failure could not confer jurisdiction; but here there was simply no substantial constitutional issue in controversy. All agreed on the unconstitutionality.
In conclusion, based on these decisions interpreting section 2281, we hold that, since the Governor of the State 1299 of Mississippi conceded the unconstitutionality *1299 of the practices and conditions at Parchman, no substantial
constitutional question is in controversy in this case.
III. MERITS OF THE PRISONERS' COMPLAINTS
Having resolved that none of the issues in this case must initially be heard by a three-judge court, we proceed to review the district court's adjudication on the merits. The sole argument on appeal is that the state lacks the financial ability to implement the district court's order within the time schedule designated, and that therefore, the court exceeded its jurisdiction in ordering the total elimination of the armed trusty system, the improvement of the physical facilities, the classification of inmates, the implementation of inmate protection procedures, and emendation of medical facilities. More specifically, the appellants' argument is that after the entry of the judgment they immediately promulgated conforming rules and regulations concerning the censorship of mail, use of

corporal punishment, the discipline of inmates, and disciplinary confinement, but lacked the funds to effectuate the other portions of the judgment in accordance with the time guidelines specified. It is important to note that the appellants do not challenge, for example, the court's holding that equal protection requires reclassification of the inmates on a basis other than race or that the Eighth Amendment requires improvements in the physical and medical facilities at Parchman and the elimination of the trusty system. The appellants did not deny the unconstitutionality of their previous operation and administration of Parchman and do not now controvert the constitutional mandate for the reforms ordered. Rather their sole argument is that they do not have the financial capacity to effectuate these reforms. To reiterate, appellants do not challenge a single finding of fact or conclusion of law by the trial court.
However, in order to evaluate the issues here it is necessary to consider the threshold question of whether the district court, given the concession of the unconstitutionality of the current practices at Parchman, correctly determined to what extent changes in Parchman's facilities and administrative practices must be effectuated in order to meet constitutional standards, and, then, secondly, to determine whether fund shortage may require a modification of the district court's judgment regarding these matters. Each component of the district court's judgment regarding these matters will be individually examined. It should be repeated that none of the district court's findings of fact is disputed by the appellants. We simply adopt those findings throughout our discussion. The severest criticisms that follow are in the words of the trial court.
A. Elimination of Racial Segregation and Discrimination:
The practice at Parchman has been and is to maintain a system of prison facilities segregated by race through which black inmates are subjected to disparate and unequal treatment. Blacks are housed in more crowded quarters than whites, are assigned to different work details, are denied the same vocational training opportunities and are punished and disciplined more severely than whites for the same offense. Undoubtedly the appellants' policy of segregating inmates in housing facilities, unrelated to prison security and discipline, is in violation of the equal protection clause of the Fourteenth Amendment. We need not labor the point that a State may not constitutionally require segregation of public facilities, Johnson v. Virginia, 373 U.S. 61, 83 S.Ct. 1053, 10 L.Ed.2d 195 (1963), and the principle is as applicable to jails as to other public facilities. Lee v. Washington, 263 F.Supp. 327 (M.D.Ala.1966), aff'd., 390 U.S. 333, 334, 88 S.Ct. 994, 19 L.Ed.2d 1212 (1968); United States v. Wyandotte 1300 County, Kansas, 480 F.2d 969 (10th Cir. 1973). As reiterated by the Supreme Court in Cruz v. Beto, 405 U.S. *1300 319, 321, 92 S.Ct. 1079, 1081, 31 L.Ed.2d 263 (1971);
". . . racial segregation, which is unconstitutional outside prisons, is unconstitutional within prisons, save for `the necessities of prison security and discipline.' Lee v. Washington, 390 U.S. 333, 334, 88 S.Ct. 994, 19 L. Ed.2d 1212."
For other cases in which this principle has been applied to the administration of correctional institutions, see, e. g., Owens v. Brierley, 452 F.2d 640 (3rd Cir. 1971); McClelland v. Sigler, 327 F. Supp. 829 (D.Neb.1971), aff'd., 456 F.2d 1266 (8th Cir. 1972); Holt v. Sarver, 309 F.Supp. 362 (E.D.Ark.1970), aff'd., 442 F.2d 304 (8th Cir. 1971); Wilson v. Kelley, 294 F.Supp. 1005 (N.D.Ga. 1968), aff'd., 393 U.S. 266, 89 S.Ct. 477, 21 L.Ed.2d 425 (1968); Tilden v. Pate, 390 F.2d 614 (7th Cir. 1968); Rivers v. Royster, 360 F.2d 592 (2d Cir. 1966); Rentfrow v. Carter, 296 F.Supp. 301 (N.D.Ga.1968).
Therefore, as part of the intermediate relief the district court's judgment enjoined the defendants from engaging in racial discriminatory practices of any nature in the operation or administration of the penitentiary. Recognizing that immediate desegregation in housing facilities could not feasibly be accomplished, the district court allowed the prison authorities until April 20, 1973, six months from the date of the judgment on October 20, 1972, to devise and implement a plan desegregating the housing facilities. Such relief was well considered, was within the jurisdiction of the district court and necessary for the prison operation to comport with the equal protection clause.

B. Physical Facilities and Medical Treatment
The district court findings of fact, unchallenged here by appellants, described the living conditions at Parchman as follows.
The housing units are unfit for human habitation under any modern concepts of decency. Facilities for the disposal of human waste at all camps present an immediate health hazard; contamination of the prison water supply caused by inadequate sewage has led to the spread of infectious diseases. The entire waste disposal system has been condemned by state health and pollution agencies. The electric wiring is frayed and exposed, representing a safety hazard. At most camps there is a lack of adequate fire fighting equipment making it, as stated by the Penitentiary Superintendent, "almost impossible to put out a fire at Parchman with the present water system and the present fire-fighting equipment." The bathroom, kitchen, heating, and housing facilities are inadequate. Broken windows are stuffed with rags to keep out the cold and rain. The bathroom facilities lack the number and quality of operable commodes, showers and other hygienic necessities. For example, at Camp B., for 80 men, there are three wash basins which consist of oil drums cut in half. The building facilities at most camps, "are in a deplorable state of maintenance and repair," as reported by the Mississippi Joint Legislative Committee, January 4, 1971, and result in sub-human conditions.
The medical staff and available facilities fail to provide adequate medical care for the inmate population. As a result many inmates have not received prompt or efficient medical examination, treatment, or medication. Unsanitary conditions are rampant. Some inmates with serious contagious diseases are allowed to mingle with the general prison population; other inmates have developed complications from lack of medical treatment. Inmates are often discouraged from seeking medical attention by the prison practice of punishing those who on examination appear to be healthy.
The prohibition against cruel and unusual punishment contained in the Eighth Amendment, applicable to the 1301 State of Mississippi through the Due Process Clause of the Fourteenth *1301 Amendment, Robinson v.
California, 370 U.S. 660, 82 S.Ct. 1417, 8 L.Ed.2d 758 (1962), is not limited to specific acts directed at selected individuals, but is equally pertinent to general conditions of confinement that may prevail at a prison. Our decisions have recognized the right of prisoners to seek judicial review of their conditions of confinement and have provided relief from unconscionable methods of incarceration. See, e. g., Hutchens v. State of Alabama, 466 F.2d 507 (5th Cir. 1972); Campbell v. Beto, 460 F.2d 765, 768 (5th Cir. 1972); Novak v. Beto, 453 F.2d 661 (5th Cir. 1971) ; Rocha v. Sowers, 454 F.2d 1155 (5th Cir. 1972) ; Woolsey v. Beto, 450 F.2d 321 (5th Cir. 1971) ; Sinclair v. Henderson, 435 F.2d 125 (5th Cir. 1970). Although the prison officials possess broad discretion in the area of conditions of confinement, this Court has repeatedly stated that there may be cases in which the deprivation of medical care or hygienic facilities will warrant judicial action. See, e. g., Haskew v. Wainwright, 429 F.2d 525 (5th Cir. 1972) ; Roy v. Wainwright, 418 F.2d 231 (5th Cir. 1969) ; Granville v. Hunt, 411 F.2d 9 (5th Cir. 1969). Thompson v. Blackwell, 374 F.2d 945 (5th Cir. 1967) ; Schack v. Florida, 391 F.2d 593 (5th Cir. 1968) ; Bowman v. Hale, 464 F.2d 1032 (5th Cir. 1972). Burroughs v. Wainwright, 464 F.2d 1027 (5th Cir. 1972).
It is pertinent to review this Court's discussion in Novak v. Beto, 453 F.2d 661 (5th Cir. 1971), rehearing denied en banc, 456 F.2d 1303 (5th Cir. 1972), of the common thread in cruel and unusual punishment cases. In Novak, this Court held, one judge dissenting, that the lightless cell, the limited bedding and the minimal food provided prisoners in solitary confinement in Texas did not constitute cruel and unusual punishment. A noteworthy portion of the decision is the court's lengthy discussion emphasizing that the factual situation there did not involve a deprivation of basic elements of hygiene nor any threat to the prisoners' health:
"On the question of particular conditions, there are several cases that have concluded that certain prison conditions were so `base, inhuman and barbaric' that they violate the Eighth Amendment. We have studied these cases and the conditions depicted herein rather carefully, and find in none of them support for condemnation of solitary confinement in this case. In the first place, there is a common thread that runs through all these cases and that is not present in our case. That thread is the deprivation of basic elements of hygiene. See, e. g., Wright v. McMann, 2d Cir. 1967, 387 F.2d 519 [complaint alleged cell encrusted with excrement, plaintiff entirely naked, forced to sleep

on concrete floor, windows open throughout sub-freezing weather, no soap, towel or toilet paper] ; Hancock v. Avery, M.D.Tenn.1969, 301 F.Supp. 786 [hole for waste, flushed irregularly by guard, no soap, towel or toilet paper, prisoner slept naked on floor] ; Holt v. Sarver, supra [isolation cells dirty and unsanitary, pervaded with bad odors, plain cotton mattress uncovered and dirty ; conducive to spreading, and did spread, infectious diseases] ; Jordan v. Fitzharris, N.D.Cal.1966, 257 F.Supp. 674 [cells not cleaned regularly, prisoner had no means to clean himself, a hole for receiving bodily wastes, no flushing mechanism]. By contrast with these cases, the prisoners in the TDC solitary confinement cells are deprived of none of the basic elements of hygiene." (Emphasis added) 453 F.2d at 665.
In addition, one segment of the Novak decision, labelled "Exercise Caution So That Health Is Not Jeopardized," states: "We must also take into account the fact that the prison authorities as a matter of policy are careful to limit 1302 use of the diet to avoid damage to the prisoner's health." 453 F.2d at 670. *1302 Moreover, this Court in Campbell v. Beto, 460 F.2d 765, 768 (5th Cir. 1972) has recently reaffirmed this discussion in Novak as follows:
". . . it is apparent that the courts cannot close their judicial eyes to prison conditions which present a grave and immediate threat to health or physical well being. Haines v. Kerner, supra, [1972, 404 U.S. 519, 92 S. Ct. 594, 30 L.Ed.2d 652] ; Woolsey v. Beto, 5 Cir. 1971, 450 F.2d 321; Rocha v. Sowers, 5 Cir. 1972, 454 F.2d 1155 ; Jackson v. Bishop, 8 Cir., 1968, 404 F.2d 571; Novak v. Beto, 5 Cir., 1971, 453 F.2d 661, 665, rehearing en banc denied, 1972, 456 F.2d 1303. If the `deprivation of basic elements of hygiene' has consistently been held violative of constitutional guarantees (see Novak, supra, 453 F.2d at 665), then certainly practices which result in the deprivation of basic elements of adequate medical treatment, particularly such deprivation as immediately threatens life and limb, would be equally vulnerable." (Emphasis supplied).
Thus the adequacy of conditions of confinement of prisons 0907 such as medical treatment, hygienic materials, and physical facilities0907is clearly subject to Eighth Amendment scrutiny.
In contrast to the factual situation in Novak, this case involves conditions and practices that clearly threaten the health and well being of the prison community and substantially deprive inmates of basic elements of hygiene and adequate medical treatment. The district court found that the plaintiffs in this case had shown by substantial evidence that the prison authorities had clearly abused their discretion in providing physical facilities and medical treatment to inmates.
In addition, these conditions deny inmates proper care, treatment, and feeding as required by State law, Miss.Code Ann. § 7930, wholesome food prepared under sanitary conditions as required in Miss.Code Ann. § 7942, and efficient hospital and medical services as provided in Miss.Code Ann. § 7959.[3] Although constitutional questions do not arise merely because a state prisoner has been treated at variance with state law, it is still significant that the current conditions at Parchman even fail to comply with the state standards, much less constitutional norms.[4]
1303 *1303 Therefore, we agree with the district court's conclusion that the prison authorities have abused their discretion and that the confinement of inmates at Parchman, in barracks unfit for human habitation and in conditions that threaten their physical health and safety and deprive them of basic hygiene and medical treatment by reason of gross deficiencies in plant, equipment and medical staff, not only departs from state law, but constitutes cruel and unusual punishment.
To reiterate, the defendants admitted the unconstitutionality of these conditions, the district court so found, and our review of the law compels us to agree. The challenged issue is whether the district court's judgment here ordered relief beyond what was minimally required to comport with the Constitution's prohibition against cruel and unusual punishment.
As immediate relief regarding medical care, the district court required the defendant prison authorities (1) to employ such additional medical personnel as necessary so that the prison's medical staff shall consist of at least three full-time physicians, two full-time dentists, two full-time trained physician assistants, six full-time nurses certified as RN or LPN, one medical records librarian, and two medical clerical personnel, and to obtain the

consultant services of a radiologist and a pharmacist; (2) to comply with the general standards of the American Correctional Association relating to medical services for prisoners ; (3) to have the prison hospital and equipment brought into compliance with state licensing requirements for a hospital and infirmary, including adequate treatment for the chronically ill; (4) to refrain from punishment unless the superintendent makes an express finding that the inmate seeks medical care unnecessarily and for malingering purposes ; and (5) to refrain from the use of inmates to fill any of the above described civilian medical staff, but to encourage utilization of trained and competent inmate personnel to supplement the above minimal civilian medical staff.
As immediate relief concerning the physical facilities, the court ordered the defendant prison officials to make all improvements and expenditures which were specified in the Interim Committee's Report on Mississippi State Penitentiary (subject to recommendations of State pollution authority.) These improvements, which include the installation of facilities, renovation of living quarters, employment of additional personnel, and purchase of other equipment and supplies, were ordered to be completed by December 20, 1972. In addition, the court instructed the defendants to file by December 20, 1971 a report with the court which details all facilities and equipment purchased, installed, and/or improved, the location of such installation or improvement, and the date of the installation or improvement.
As long range relief, the district court instructed the prison officials to submit by December 20, 1972, a comprehensive plan for the elimination of all unconstitutional conditions in inmate housing, inadequate inmate housing, inadequate water, sewer and utilities, inadequate fire fighting equipment, inadequate hospital and other structures. The court then suggested areas of study that should be included in this plan, "without undertaking to dictate or limit the nature or content of long-range plans."
The court's order regarding immediate relief reflects a tenor of restraint and use of independent sources' studies, in determining to what extent the conditions at Parchman must be changed in order to meet minimal constitutional standards. The appellants' brief does not challenge specific elements in the order, but generally complains of insufficient funds to implement these ingredients.
The district court found that the record showed that the medical facilities were grossly understaffed and the 1304 physical facilities totally inadequate. The more difficult task is discerning the exact *1304 remedy to eleviate these
conditions to minimal constitutional standards. At this juncture, approximately two years after the entry of the district court's initial judgment, we are concerned over unnecessarily and uninformedly adjudicating this complex question. In view of the recognition by the prison officials themselves of the unconstitutionality of the practices and the extensive studies, compiled by the Mississippi Legislature and other professional consultants, recommending renovations in these two areas, we must assume at least initial improvements have been accomplished. Furthermore, the district court ordered the defendants to submit a long range plan for improving medical and physical facilities. This court does not know the content of this plan, and to what extent, if any, the prison officials have already remedied the conditions at Parchman.
In short, we clearly have affirmed that part of the district court order recognizing the unconstitutionality of the conditions generated by the inadequate medical care and insufficient physical facilities. In addition, we recognize the district court's power to prescribe a remedy. However, any decision dissecting what precise degree of improvements in these two areas is necessary to meet constitutionally minimal standards is premature at this stage. We uphold the present injunctive relief for the time being, but recognize that the district court has retained jurisdiction to update the present conditions at Parchman. Given the avowed interest of various entities, including the Mississippi Legislature, the LEAA and other consultant professionals in this project, it is anticipated that cooperation will prevail and will result in implementing the necessary constitutional innovations.
C. Solitary Confinement:
The penitentiary superintendent's statutory authority to prescribe rules regarding solitary confinement of prisoners is limited by Miss.Code Ann. § 7968 in the following manner :
"The superintendent may set up rules regarding the discipline of prisoners. No prisoner may be placed in solitary confinement except under orders of the superintendent. Any prisoner held in

solitary confinement shall be fed at least once every day and shall be examined by a physician at least once every two (2) days. No prisoner shall be placed in the `dark hole' of the maximum security unit for a longer period than twenty-four (24) hours...."
Although solitary confinement, as a mode of punishment, is not per se cruel and unusual, there are constitutional boundaries to its use. There is a line where solitary confinement conditions become so severe that its use is converted from a viable prisoner disciplinary tool to cruel and unusual punishment.
Once again, a prerequisite in resolving whether the solitary confinement as practiced at Parchman, constitutes cruel and unusual punishment, is to examine the solitary confinement conditions in Novak, supra, which this Court held not violative of the Eighth Amendment. Solitary confinement in Novak, was described as follows :
"It is uncontradicted that solitary cells are scrubbed by the guards each time the prisoner leaves to bathe, which occurs at least three times a week. The cells are identical to the regular cells of the TDC in size and facilities ; they contain flush toilets, a drinking fountain, and a bunk. The prisoner is supplied with toilet paper, a toothbrush and toothpaste. Although the bunk is stripped in the sense that it has no mattress or pillow, the prisoner is given two blankets and is clothed in a gown or other garb, so that there is nothing to compare with the reports of prisoners sleeping naked on concrete floors in the above-cited cases. In addition, solitary cells in the TDC have the same temperature controls that regular cells in the prison have." 453 F.2d at 665.
1305 *1305 These conditions of solitary confinement in Novak are completely dissimilar to those in the case at bar. At Parchman, each wing of the Maximum Security Unit (MSU) contains thirteen cells, each of which is approximately 8' x 10' in size. The individual cells are equipped for use by two men, with double metal bunks, lavatory and commode. In addition, each side has one 6' x 6' cell, known as the dark hole, with no lights, commode, sink or other furnishings. A hole in the concrete floor is located in the middle of the cell and is approximately 6" in diameter that will flush to dispose of body wastes. A heavy metal door without a window closes the cell. For solitary confinement at Parchman the inmates are placed in the dark hole, naked, without any hygienic material, without any bedding, and often without adequate food. It is customary to cut the hair of an inmate confined in the dark hold by means of heavy-duty clippers. Inmates have frequently remained in the dark hold for forty-eight hours and may be confined there for up to seventy-two hours. While an inmate occupies the dark hole, the cell is not cleaned, nor is the inmate permitted to wash himself.
Even under the restrictive standards for determining cruel and unusual punishment enunciated in Novak, this solitary confinement in the dark hole at Parchman undoubtedly meets the test as found by the district court. It is unassailable that the solitary confinement of naked persons in MSU's dark hole, without any hygienic materials, any bedding, adequate food or heat, without opportunity for cleaning either themselves or the cell, and for longer than twenty-four hours continuously, is constitutionally forbidden under the Eighth Amendment.
The district court refused to enjoin use of the dark hole under all circumstances, but permitted its use only under the following conditions: (1) inmates be fed the daily prison ration, or at least 2000 calories per day ; (2) inmates be permitted to wear regular institutional clothing ; (3) inmates be supplied with soap, towels, toothbrush and shaving utensils ; (4) all cells be adequately heated, ventilated and maintained in a sanitary condition ; (5) no inmate shall be confined in any isolation cell, referred to as the dark hole, for a period in excess of twenty-four hours. The time limitation and food provision were already required by the state law, Miss.Code Ann. § 7968. The clothing, heating, sanitation stipulations merely conform to the conditions of solitary confinement existing in Novak. It is clear that these changes ordered by the district court only alleviate the conditions of solitary confinement to minimal constitutional standards and do not exceed the court's remedial jurisdiction.
D. Corporal Punishment:
In addition to prescribing the length of solitary confinement, Miss.Code Ann. § 7968 also expressly discourages corporal punishment of any kind, and forbids it except upon express written order of the superintendent.[5]
1306

*1306 Section 7968 makes it illegal for any prison official other than the superintendent to order corporal punishment ; and where corporal punishment is expressly authorized by the superintendent, it is limited to the whip or lash, which is not to be used for more than seven licks. While the evidence indicated that the lash had not been used at Parchman since 1965, the record was replete with innumerable instances of physical brutality and abuse in disciplining inmates who are sent to MSU. These include administering milk of magnesia as a form of punishment, stripping inmates of their clothes, turning the fan on inmates while naked and wet, depriving inmates of mattresses, hygienic materials, and adequate food, handcuffing inmates to the fence and to cells for long periods of time, shooting at and around inmates to keep them standing or moving, and forcing inmates to stand, sit or lie on crates, stumps, or otherwise maintain awkward positions for prolonged periods. Indeed, the district court found the superintendent and other prison officials acquiesced in these practices. Unquestionably, the district court correctly enjoined prison authorities from punishing inmates by these methods of corporal punishment. We have no difficulty in reaching the conclusion that these forms of corporal punishment run afoul of the Eighth Amendment, offend contemporary concepts of decency, human dignity, and precepts of civilization which we profess to possess. See, e. g., Jackson v. Bishop, 404 F.2d 571 (8th Cir. 1968) (J. Blackmun) (use of strap for whipping).
E. Trusty System:
A system of inmate trusties is authorized by Miss.Code Ann. § 7965 until July 1, 1974:
"From and after July 1, 1974, no inmate at the penitentiary shall serve as a trusty and perform any duties of guarding other inmates to prevent their escape. Prior to the date aforesaid, the superintendent may select a reasonable number of deserving and trustworthy inmates to be used to guard inmates and to supervise their prison work details. The superintendent shall, within the monies appropriated by the Legislature, employ a reasonable number of civilian guards to prevent inmates from escaping and in supervising inmates' work details. The Board is authorized to eliminate the trusty system at a faster and earlier date if deemed feasible and consistent with consolidation procedures and operations as outlined in Section 11 [§ 7926.5] of this act." (Emphasis supplied).
The inefficacy of the Parchman trusty system stemmed from the prison authorities' failure to select as trusties "deserving and trustworthy inmates" as required by state law.[6]
1307 *1307 The district court found that the trusties at Parchman were selected by the sergeants without the use of objective criteria or uniform standards and in a process infected with payoffs, favoritism and extortion. The responsibility of guarding other inmates was primarily performed by these trusties. Some of the trusties were armed, referred to as "trusty shooters" and numbering approximately 150. Armed trusties guarded each of the prison camps, oversaw inmates while working in the fields, and on occasions were left in sole charge of the fields. Penitentiary records indicated that some of the armed trusties had been convicted of violent crimes, and, that of the armed trusties serving as of April 1, 1971, thirty-five percent had not been psychologically tested, forty percent of those tested were found to be retarded, and seventy-one percent of those tested were found to have personality disorders. There was no formal program for training trusties. Trusties were instructed to maintain discipline by shooting at inmates who got out of gun line ; in many cases trusties had received little training in the handling of firearms. In addition to abusing their authority and engaging in loan sharking, extortion and other illegal conduct, the trusties shot, maimed or otherwise physically maltreated scores of inmates subject to their control. For example, during Superintendent Cook's administration, thirty inmates received gunshot wounds, an additional twenty-nine inmates were shot at, and fifty-two inmates were physically beaten.
On October 20, 1972, the district court ordered the prison officials (1) to eliminate all trusties at MSU and replace them with civilian guards; and (2) to replace all armed shooters in the fields with civilian guards by December 20, 1972. On that date the prison authorities were to submit a plan for the total elimination of the use of trusties for armed guard duty and for other custodial responsibility no later than June 20, 1973. In the interim period, i. e. from October 20, 1972 to June 20, 1973, custodial trusties could be used if selected after a careful review of

inmate personnel records and psychological tests assuring that the inmates were mentally and emotionally fit to perform their assigned tasks.
In section 7965 the Mississippi Legislature has called for the complete elimination of this trusty system by July 1, 1974. That statute encourages this eradication at a "faster and earlier date if deemed feasible." Furthermore, the Parchman trusty system has been the subject of investigation and critical comment in past years by committees of the Mississippi Legislature, by public officials and by a study team from the University of Georgia. 1308 Comprehensive reports of such findings were last submitted *1308 to the Mississippi Legislature in 1971. As a result, section 7965 calling for the removal of the trusty system was approved April 29, 1971. More recently, a consultant committee engaged by the Mississippi State Planning Agency, the LEAA, and the American Correctional Association reviewed conditions at Parchman and found that the prison was operated in accordance with the following three principles which must be eliminated to correct gross deficiencies in the prison administration, to wit : (1) The prison system must operate at a profit at any cost ; (2) Armed inmate guards are acceptable and capable of insuring safety and security within the system ; and (3) Security and control of inmates are insured through maintaining a high degree of fear within the inmate population.
One basis for the district court's order was that the trusty system, as presently constituted and practiced, was a method of cruel and unusual punishment. After placing in the hands of some inmates weapons or other forms of control over the other inmate population, the prison officials either could not or had failed to prevent the arbitrary infliction by the trusties of physical and economic injury upon their fellow inmates. A second underpinning of the district court order was deviation from state law : "Indeed, the Mississippi statutes do not contemplate for guard duty the use of trusties who are corrupt, venal, incompetent, or dangerous." Moreover, the Mississippi Legislature had even called for its elimination. We have no difficulty in reaching the conclusion that this trusty system, which utilizes unscreened inmates violates state law, and which allows inmates to exercise unchecked authority over other inmates, constitutes cruel and unusual punishment in violation of the Eighth Amendment, warranting the district court's prohibition of certain portions of the trusty system prior to the legislative cut off date of July 1, 1974. We do not discuss at length the intricacies of the procedure for eliminating the trusty system as proposed by the district court's order, for due to the lateness of the hour even the cut off date proscribed by Mississippi's Legislature has passed. The district court's abolition of the trusty system can easily be justified at this juncture as simply in conformance with the state law.[7]
F. Inadequate Protection of Inmates:
Inmates, except those who are in MSU, are housed in buildings which have two separate wings and contain barracks known as "cages" ; one for regular inmates called "gunmen" and the other for trusties. On the gunmen side the inmates are placed in one large room where they are assigned to bunks. The district court found that the risk of personal injury inherent in this cage confinement was increased by the following practices. The inmates are not classified according to the severity of their offense, resulting in the intermingling of inmates convicted of aggravated violent crimes with those who are first offenders or convicted of nonviolent crimes. In addition, the custodial responsibility of inmates has been assigned to other inmates who serve as hallboys, floorwalkers and cage bosses. Hallboys perform administrative duties ; floorwalkers are non-trusties who perform custodial duties and on whose recommendation inmates may be punished. Cage bosses are charged with enforcing discipline in the barracks. The evidence is replete with instances of inhumanities, illegal conduct and other indignities visited by these inmates who exercise authority over their fellow prisoners.
Although many inmates possess weapons, there is no established procedure for discovering and confiscating weapons, nor is possession of weapons reported or punished. The record revealed at least eighty-five instances 1309 where inmates had physically assaulted other inmates ; twenty-seven of these assaults *1309 involved armed attacks in which an inmate was either stabbed, cut or shot.
Only one civilian guard is assigned to each camp. The one civilian guard is prohibited from entering the cages. As stated by Superintendent Cook, penitentiary employees have no control over inmates after the lights are turned out and "there is no way that anyone can guard the safety of an inmate in the Parchman situation,"because of the dormitory style system and the lack of civilian guards. The district court found that in some cases, supervisory

personnel have allowed inmates to fight, gamble and acquire liquor and drugs in violation of prison rules and state law. The operation of the trusty system, as previously outlined, further compounds the dilemma of the protection of inmates.
The district court determined that the Parchman administration had subjected its inmate population to cruel and unusual punishment by failing to provide adequate protection against physical assaults and abuses by other inmates, by placing excessive numbers of inmates in barracks without adequate classification or supervision, and by assigning custodial responsibility to incompetent and untrained inmates. While prison officials may take all reasonable steps to insure proper prison discipline, security and order without threatened intervention by a federal court, the actions and practices here go far beyond any concept of reasonableness. It is the obligation of penitentiary officials to insure that inmates are not subjected to any punishment beyond that which is necessary for the orderly administration of Parchman. Although the limits of the Eighth Amendment's proscription are not easily or exactly defined, certainly one facet of cruel and unusual punishment would be caging inmates in one barrack room and giving incompetent inmates weapons, the authorization to use them and the power to recommend disciplinary action, unsupervised by any prison authorities, which results in assaults on other inmates. The infliction of these physical injuries is no less tolerable because accomplished by the inmates with the assistance and acquiescence of the prison authorities, then if perpetrated by the prison superintendent alone. Each factor separately, i. e., overcrowding dormitory barracks, lack of classification according to severity of offense, untrained inmates with weapons, lack of supervision by civilian guards, absence of a procedure for confiscation of weapons, may not rise to constitutional dimensions ; however, the effect of the totality of these circumstances is the infliction of punishment on inmates violative of the Eighth Amendment, as determined by the trial court.
Therefore, the district court ordered the prison authorities to implement (1) a system of assigning inmates to barracks according to the severity of their offense, (2) a system of reporting inmate assaults to the County Prosecuting Officer, maintaining a record of assaults on other inmates, and making reasonable efforts to isolate inmates who have a history of violence on other inmates, (3) a procedure for controlling the possession of weapons by inmates, (4) a rule prohibiting gambling and fighting, (5) a plan requiring three civilian guards to be assigned to each barracks during night hours and the inmate cage bosses, hallboys, and floorwalkers to be relieved of all custodial responsibilities, and (6) the temporary measure of placing wire or other dividers in appropriate places to ameliorate the risk of personal injury by overcrowding of inmates in a single room. These were regarded as interim measures to be carried out by December 20, 1972, within two months of the judgment. The modification of the physical facilities generally and the eradication of the entire trusty system, two elements of relief in other areas, were conceived to provide the necessary greater long term improvements in inmate protection.
Not only do we agree that the totality of the present practices fosters cruel and unusual punishment, but we also 1310 conclude that none of the above *1310 measures ordered require burdensome implementation or is beyond the
remedial jurisdiction of the district court. Rather they merely construct the minimal foundation for assuring that the confinement in the present dormitory style facilities at Parchman does not run afoul of the Eighth Amendment. Constantly mindful that the federal courts should not undertake to run the prison and completely aware as we are that this part of the judgment does set forth tasks involved in the administration of a penal institution, we nonetheless determine that the remedy ordered simply sets forth the parameters for administration and leaves for the prison officials wide latitude in which to devise the manner in which these concepts may be implemented.
G. Mail Censorship:
Prior to trial, the practice at Parchman was to censor all incoming and outgoing mail of inmates. On May 5, 1972, Superintendent Collier issued a memorandum on correspondence advising that there would be no censorship of incoming or outgoing mail, that there would be no limit to letters an inmate may write except where limitation may be imposed as a matter of discipline, and that only incoming mail would be opened in the presence of the inmate to determine whether money is contained therein. The October 20, 1972 judgment of the district court ordered the following regarding correspondence :

"(1) Said defendants, and all persons in privity with them, shall not open or otherwise interfere with any outgoing mail of inmates addressed to :
(a) Officials of the federal, state and local courts ;
(b) All federal officials including the President of the United States, any senator or congressman, and officials of any United States agency or department ; all state officials including the Governor, members of the state Senate and House of Representatives and officials of any state agency or department ;
(c) All members and employees of the State Probation and Parole Board ;
(d) The attorney of record of an inmate in any pending action, civil or criminal, in any duly constituted local, state or federal court.
(2) Said defendants, and all persons in privity with them, are prohibited from interfering with outgoing mail of inmates to any other addressee except to open and inspect, in the presence of the inmate, any letter where prison officials have reasonable ground to suspect such communication is an attempt to formulate, devise or otherwise effectuate a plan to escape from the penitentiary, or to violate the laws of the State of Mississippi or of the United States.
(3) The defendants, and all persons in privity with them, are prohibited from interfering with incoming mail from any source except to open and inspect such mail, in the presence of the inmate addressee, whenever the prison officials have reasonable grounds to suspect escape attempts or to discover drugs, weapons or other material expressly prohibited by state or federal law or by prison rules.
(4) There shall be no restriction placed on the number of letters that an inmate may write to the addressees listed in (1) above. Reasonable limitations may be imposed upon all other classes of mail as an appropriate disciplinary measure pursuant to published prison rules." (Emphasis supplied).
In the February, 1973 handbook, the Mississippi Penitentiary Board promulgated new regulations regarding 1311 correspondence which fully incorporated each requirement of the district court's *1311 prescription.[8] Although
the appellants challenge the district court's order in its entirety on appeal, the mail issue was not focused upon as beyond the remedial jurisdiction of the district court.
Moreover, two recent Supreme Court cases have made it clear that revision in Parchman's mail rules was constitutionally compelled. In Procunier v. Martinez, 416 U.S. 396, 94 S.Ct. 1800, 40 L. Ed.2d 224 (1974), the Supreme Court held that First Amendment liberties of the correspondents with inmates were implicated in censorship of inmate mail. Noting that the federal courts have traditionally adopted a broad hands-off attitude toward problems of prison administration, the Supreme Court, nonetheless, determined that prison officials did not have unbridled discretion in establishing inmate mail regulations. The majority opinion emphasized that it was not adjudicating to what extent an inmate's right to free speech survives incarceration, but grounded its holding on the narrower basis that the inmate correspondent's rights were being violated by the censorship. The Court stressed that whatever the status of an inmate's claim to uncensored mail, the censorship of prisoner mail concomitantly imposes a restriction on the First and Fourteenth Amendment rights of those who are not prisoners, and therefore may be curbed. The Court then formulated the proper standard for deciding whether a particular regulation or practice relating to inmate correspondence constitutes an impermissible restraint of the First Amendment liberties of the inmate's correspondent. The Court held that the censorship of inmate mail was justified (1) if the regulation or practice in question furthered an important or substantial governmental interest unrelated to the suppression of expression and (2) if the limitation of First Amendment freedoms was no greater than is necessary or essential to the protection of the particular governmental interest involved. Utilizing that standard, the Supreme Court upheld the district court's invalidation of regulations that authorized, inter alia,

1312 censorship of statements that *1312 "unduly complain" or "magnify grievances," expressions of "inflammatory political, racial, or religious or other views," and matter deemed "defamatory" or "otherwise inappropriate."[9]
In addition, the Procunier Court agreed with the district court that the decision to censor or withhold delivery of a particular letter must be accompanied by minimum procedural safeguards. The Court approved the district court's requirement that an inmate be notified of the rejection of a letter written by or addressed to him, that the author of that letter be given a reasonable opportunity to protest that decision, and that complaints be referred to a prison official other than the person who originally disapproved the correspondence.
Soon thereafter, the Supreme Court again considered inmate correspondence in Wolff v. McDonnell, 418 U.S. 539, 94 S.Ct. 2963, 41 L.Ed.2d 935 (1974), where the narrow issue presented was whether incoming letters from attorneys could be opened by prison authorities in the presence of the inmate or whether such mail must be delivered unopened if normal detection techniques failed to indicate contraband. The prison regulation under challenge in that case provided that "all incoming and outgoing mail will be read and inspected." The state conceded that it could not open and read incoming mail from attorneys, but contended, that it could open all incoming letters from attorneys in the presence of the inmates.[10] Ultimately, the Wolff Court did not adjudicate the constitutional requirements pertinent to the opening of inmate-attorney mail, for the Court concluded that
"the State [in that case], by acceding to a rule whereby the inmate is present when mail from attorneys is inspected, has done all, and perhaps even more, than the Constitution requires." 418 U.S. 539, 577, 94 S.Ct. 2963, 2985, 41 L.Ed.2d 935.
Therefore, the issue whether the inspection of incoming mail from attorney must be accompanied by the presence of the inmate in order to satisfy constitutional standards was not actually resolved.
1313 *1313 Turning to the instant case, first, we readily conclude under the standard of review announced in Procunier, that the previous Parchman practices of censoring all incoming and outgoing mail are unconstitutional. Although the Supreme Court in Procunier settled one facet of inmate-mail litigation by determining that the prison officials in the name of internal administration could not at will censor inmates' mail due to the infringement on the rights of the correspondent with the inmate, significant collateral problems regarding the extent to which mail could be opened, although unread, were left unanswered. For example, two principal questions remaining would be (1) whether disallowing any opening of outgoing mail to a designated class of public officials is constitutionally compelled, and (2) whether opening all incoming mail and opening all outgoing mail except to the designated class of public officials, could only be accomplished in the presence of the inmate, in order to meet constitutional standards. Moreover, given Procunier's broad indictment of inmate mail censorship except in narrow circumstances, it would be feasible to raise the issue in subsequent mail cases, to what extent would disallowing reading, but allowing opening without the presence of the inmate when normal detection devises have failed to discover contraband, permit a subterfuge of the censorship prohibition.[11] Another question might be whether the governmental interest in maintaining security is legitimately furthered under the Procunier standards by opening outgoing mail to persons in the public trust, such as those in the designated class of public officials in the district court's order.
It should be noted that the district court's order here incorporated with foresight the dilemma in Wolff, by allowing officials to open and inspect all incoming mail in the presence of the inmate. Furthermore, prior to the Supreme Court's recent mail decisions, this Court had surmised that the censorship of inmate-attorney mail may constitute a denial of federal constitutional rights. Barlow v. Amiss, 477 F.2d 896, 898 (5th Cir. 1973) ; Frye v. Henderson, 474 F. 2d 1263 (5th Cir. 1973) ; cf. Cruz v. Hauck, 475 F.2d 475 (5th Cir. 1973). Also, this Court had previously held that opening of an inmate's incoming mail from his attorney, the courts and public officials by an electric letter opener to determine whether contraband was being sent into the prison did not deny any federally protected right. Frye v. Henderson, 474 F.2d 1263 (5th Cir. 1973). The district court here incorporated that holding with the caveat discussed in Wolff, that the inspection occur in the presence of the inmate.[12]
1314 *1314 In any event, inasmuch as the state in the case at bar has promulgated regulations which incorporate all elements of the district court's order and since the parties have not specifically challenged in their brief the components of that order, it would be inappropriate in this case to delimit the boundaries of the First Amendment

mail protection of the inmates' correspondents and to define to what extent an inmate's First Amendment rights survive incarceration. Therefore, we do not adjudicate whether the requirements that the inspection be in the presence of the inmates, as well as the other components of the district court's order are constitutionally compelled, since the state at this juncture has acceded to adopting these regulations, and has not specifically challenged the extent of the district court's order on this facet of the appeal.[13]
H. Disciplinary Procedures:

Prior to November, 1970, inmates were punished summarily without adherence to any defined procedure. Thereafter, the superintendent established a "trial council," composed of three civilian penitentiary employees, to handle disciplinary actions against inmates. The camp sergeant was charged with preparing a written report of the violation and with delivering it to the security officer for distribution to the trial council. The council was required to interview an inmate and adjudicate his guilt. The record revealed that an inmate was not notified of the charge orally or in writing prior to appearance before the council, the inmate was not permitted assistance, was not allowed to present witnesses, or cross-examine and was not entitled to a transcript of the proceedings. The sergeant's written report to the council need not identify anyone with personal knowledge of the information or investigation by the sergeant. Only in one percent of the cases, did the trial council make any independent investigation, and the word of the reporting sergeant was generally accepted if it contradicted the inmate's report. The punishment recommendation of the reporting sergeant was generally approved by both the trial council and the superintendent. Punishments imposed were not uniform. Finally, although the rules required all offenses to be heard by the trial council, the district court found that inmates had been punished without a hearing, not only for conduct which was not listed in the charges, but for conduct which was not a violation of prison rules.

To rectify these practices, the district court's October 20, 1972 order required the immediate implementation of the following practices :

"(a) An inmate may not be punished except for conduct which violates an existing penitentiary rule or regulation.

1315

(b) Any inmate accused of infraction of an existing penitentiary rule or regulation shall be given written notice of the charge against him, which notice shall identify the prison rule alleged to have been violated and *1315 be served upon the accused at least 24 hours prior to the hearing.

(c) The accused must be afforded an opportunity to appear before a tribunal to respond to the charge. In no event shall the person bringing the charge serve on the disciplinary tribunal which conducts the hearing."

The district court further ordered that the prison officials, not later than November 20, 1972, compile comprehensive regulations governing misconduct which apprise inmates of :

"(a) Conduct which constitutes a breach of discipline ;

(b) The penalties and sanctions which may be imposed for such conduct;

(c) A complete statement of the procedure by which such determination shall be made."

The February, 1973 handbook promulgated by the Mississippi Penitentiary Board contained extensive rules regarding inmate disciplinary procedures. The rules first set forth (1) prohibited acts constituting major violations, (2) prohibited acts considered minor violations, and (3) the respective disciplinary action for each type of 1316 violation.[14]*1316

1317 *1317 The February, 1973 regulations also contained the following procedures for administratively handling infractions of these disciplinary rules :

"S302. ADMINISTRATION OF DISCIPLINE OF INMATES. Inmate discipline shall be administered by a Disciplinary Council consisting of three employees. These three employees shall be

members of a nine man group designated by the Superintendent to serve on the Disciplinary Council. The Disciplinary Council shall consider and dispose of minor matters of discipline where no danger to safety, property, or life exists, as well as the more serious and persistent violations of institution rules. In addition, any inmate who is involuntarily removed from the general prison population shall, upon request, be afforded the disciplinary hearing procedure as set forth below.
"S303. DISCIPLINARY COUNCIL PROCEDURE. Inmates appearing before the Disciplinary Council are entitled to the assistance of a counselor if they so desire. Counselors shall be employees of the institution designated by the Superintendent to serve in that capacity when so requested. Any inmate may not be punished except for conduct which violates an existing penitentiary rule or regulation. Any inmate accused of infraction of an existing penitentiary rule or regulation shall be given written notice of the charge against him, which notice shall identify the prison rule alleged to have been violated and be served upon the accused at least 24 hours prior to the hearing. The accused will be afforded an opportunity to appear before a tribunal to respond to the charge and be present with a counselor if he so desires during the entire hearing. The counselor shall call necessary witnesses for the accused inmate if the counselor deems the witnesses' testimonies as necessary for the disposition of this matter. In no event shall the person bringing the charge serve on the disciplinary tribunal which conducts the hearing." (Emphasis supplied).
Similar to the mail portion of the district court's order, the appellant prison officials here, although technically appealing from the trial decision in its entirety, do not set forth specific challenges to disciplinary procedures ordered. Moreover, the recent decision in Wolff v. McDonnell, 418 U.S. 539, 94 S. Ct. 2963, 41 L.Ed.2d 935 (1974), not only puts to rest any doubt regarding the necessity of the revisions in Parchman's disciplinary procedures ordered by the district court here, but also raises the likelihood that even further procedural requisites in Parchman's disciplinary rules could be required by the district court.
The Supreme Court in Wolff held that the forfeiture of the state's statutorily created good time credits for serious misbehavior by the inmate must be accompanied by certain minimal due process requirements (though not the full range of procedures mandated in Morrissey v. Brewer, 408 U.S. 471, 92 S.Ct. 2593, 33 L.Ed.2d 484 (1972) and Gagnon v. Scarpelli, 411 U.S. 778, 93 S.Ct. 1756, 36 L.Ed.2d 656 (1973): (1) twenty hours advance written notice of the claimed violation ; (2) a written statement of the fact findings as to the evidence relied upon and the reasons for the disciplinary action taken; (3) permitting the inmate facing disciplinary proceedings a restricted 1318 right to call *1318 witnesses and present documentary evidence in his defense when permitting him to do so will not be unduly hazardous to institutional safety or correctional goals ; and (4) allowing illiterate inmates, when the complexity of the issue makes it unlikely that the inmate will be able to collect and present the evidence necessary for an adequate comprehension of the case, to seek the aid of a fellow inmate or another person on the prison staff. The Court sounded the final caveat that its decision at this point was "not graven in stone," but that "as the nature of the prison disciplinary process changes in future years, circumstances may then exist which will require further consideration and reflection of this Court." 418 U.S. 572, 94 S. Ct. 2982.
In addition, for our purposes here, one further segment of the Supreme Court's Wolff decision is noteworthy and applicable. In footnote 19, the Court stated :
"Although the complaint put at issue the procedures employed with respect to the deprivation of good time, under the Nebraska system, the same procedures are employed where disciplinary confinement is imposed. The deprivation of good-time and `solitary' confinement are reserved for instances where serious misbehavior has occurred. This appears a realistic approach, for it would be difficult for the purposes of procedural due process to distinguish between the procedures that are required where good time is forfeited and those that must be extended when solitary confinement is at issue. The latter represents a major change in the conditions of confinement and is normally imposed only when it is claimed and proved that there has been a major act of misconduct. Here, as in the case of good-time, there should be minimum procedural safeguards as a hedge against arbitrary determination of the factual predicate for imposition of the sanction. We do not suggest, however, that the procedures required by today's decision for the deprivation

of good-time would also be required for the imposition of lesser penalties such as the loss of privileges."
This footnote is particularly significant in the instant case for under the new Parchman regulations, prisoners can lose their statutory good-time credits and be subjected to solitary confinement for all misconduct violations. See, infra n. 14 (p. 1315) where the potential disciplinary action is set out in full. Therefore, we easily conclude that in the instant case since the disciplinary sanction always potentially involves some degree of loss of good-time and/ or solitary confinement, the minimum procedural requisites discussed in Wolff are required.[15]
The issues thus become (1) whether the district court's order here incorporated all of the procedural requisites mandated in Wolff as attendant to disciplinary proceedings involving loss of good time and solitary confinement and (2) whether the procedures actually included in the district court's order were constitutionally required. The 1319 district court required the appropriate twenty-four hours written notice of charges and *1319 permitted the accused inmate to respond to the charges, but did not allow cross-examination 0907all compatible with Wolff. The district court did not, however, demand a written statement of fact findings as to the evidence relied upon and the reasons for the disciplinary action taken, and the 1973 Parchman regulations did not fill the gap regarding the written statement. In addition, the 1973 rules, although providing inmates the assistance of a counselor, permitted the counselor to call necessary witnesses for the accused inmate, if the counselor deemed their testimony necessary. This appears to run afoul of the Wolff requirement that the inmate be allowed to present documentary evidence and call witnesses, if the security of the prison is not jeopardized thereby. Finally, the 1973 Parchman rules only provide for the inmate to have the assistance of an institutional employee counselor, whereas, Wolff seems to permit illiterate inmates the choice of seeking the assistance of a fellow inmate or an institutional staffer in preparation of his defense to disciplinary charges. This is simply exemplary, not exhaustive, analysis of the potential issues to be resolved. For, in any event, at this juncture we simply point out these discrepancies. Since the plaintiff-inmates have not cross-appealed and since the 1973 regulations are not before us for review, we do not reach the issue of what additional requirements could be included in the district court's order under Wolff's holding. Also, similar to the mail issue, since the defendant prison officials, although technically appealing the decision in its entirety, have not specifically set forth challenges in their brief to the procedures included in the order, but have implemented regulations incorporating the requirements outlined in the district court's judgment, we do not reach the issue of whether all of the requirements in the judgment were constitutionally compelled. We merely affirm the action taken by the trial court and leave to the parties the initiative in suggesting any further requirements under Wolff.
I. Defense of Fund Shortage: Failure to State A Claim Upon Which Relief Can Be Granted
The final catchall plea on appeal is the financial inability to implement the district court's order. Appellants' contention is that the complaint fails to state a claim upon which relief can be granted on the grounds (1) that the state legislature is a necessary party, because none of the named parties defendant can adequately carry out the nature of the relief exacted which requires expending of substantial funds which only the legislature can appropriate, or (2) that the character of the relief granted by the district court has a bearing on whether plaintiffs ever had a cause of action ; that is, when relief granted is so severe that it is inappropriate, the relief should influence a decision whether the cause of action ever existed. More specifically, the particular relief to which the appellants object includes the elimination of the armed trusty system, the improvement of physical facilities, the classification of inmates, the implementation of inmate protection procedures and emendation of medical facilities. The appellants claim they do not have the authority nor the funds to recruit, employ, train and equip 150 new employees at an estimated cost of 1.4 million dollars annually prior to June 20, 1973, nor to construct or renovate the physical facilities. The United States, as appellee-intervenor, views the question similarly: whether the relief granted was within the discretion of the trial court.
Where state institutions have been operating under unconstitutional conditions and practices, the defenses of fund shortage and the inability of the district court to order appropriations by the state legislature, have been

rejected by the federal courts. In Holt v. Sarver, 309 F.Supp. 362 (E.D.Ark.1970), aff'd, 442 F.2d 304 (8th Cir. 1971), an installment of the Arkansas prison litigation, the district court stated:

1320

"Let there be no mistake in the matter ; the obligation of the Respondents to eliminate existing unconstitutionalities does not depend upon what *1320 the Legislature may do, or upon what the Governor may do, or, indeed, upon what Respondents may actually be able to accomplish. If Arkansas is going to operate a Penitentiary System, it is going to have to be a system that is countenanced by the Constitution of the United States." 309 F. Supp. at 385. (Emphasis supplied).

See Watson v. City of Memphis, 373 U. S. 526, 537, 83 S.Ct. 1314, 1321, 10 L.Ed. 2d 529 (1963) (". . . vindication of conceded constitutional rights cannot be made dependent upon any theory that it is less expensive to deny [them] than to afford them." 0907 desegregation of public parks) ; Rozecki v. Gaughan, 459 F. 2d 6, 8 (1st Cir. 1972) ("Humane considerations and constitutional requirements are not, in this day, to be measured or limited by dollar considerations." 0907 prison heating system) ; Jackson v. Bishop, 404 F.2d 571, 580 (8th Cir. 1968) ("Humane considerations and constitutional requirements are not, in this day, to be measured or limited by dollar considerations . . ." 0907rehabilitative devices) ; Hamilton v. Love, 328 F.Supp. 1182, 1194 (E.D.Ark.1971) ("Inadequate resources can never be an adequate justification for the state's depriving any person of his constitutional rights."0907 pre-trial detention unit). On the contrary, appellants cite no cases in support of their contention that the relief fashioned by the trial court cannot be granted.

It seems that the most onerous aspect of the district court's judgment, as far as the State of Mississippi is concerned, is that compliance will cost the State a considerable amount of money. But the district court did not require that the legislature appropriate monies for prison reform; it simply held, in keeping with a plethora of precedent on the fund shortage problem, that if the State chooses to run a prison it must do so without depriving inmates of the rights guaranteed to them by the federal constitution. Mississippi wants this Court to hold that the conditions described in the district court opinion should be allowed to continue until funds needed to correct them are available and the Legislature acts on appropriations. This position is unsupported by the law and even more untenable in light of the fact that one million dollars has already been made available by LEAA, to meet some of the most pressing needs including installation of facilities to alleviate immediate health and safety hazards, the employment of additional guards, and installation of necessary sanitary facilities. In addition, we have recognized the power of the district court to prescribe remedial relief in the area of medical and physical facilities, but have refrained at this stage from delineating precisely what innovations would be constitutionally compelled. However, that determination, if eventually necessary to be made, will focus on what are the minimal constitutional health standards to be supplied and not on what funds are available to operate the prison. Furthermore, even the Mississippi legislature has called for the elimination of the trusty system by July 1, 1974, and we also have held that the trusty system, as constituted and practiced at Parchman, effected cruel and unusual punishment in contravention of the Eighth Amendment.

Therefore, we cannot agree that the relief here granted was impermissible. Having found these numerous constitutional violations, which were even conceded by the appellants, the court had the duty and obligation to fashion effective relief. In such circumstances, the trial court is allowed wide discretion. "Once a right and a violation have been shown, the scope of a district court's equitable powers to remedy past wrongs is broad, for breadth and flexibility are inherent in equitable remedies." Swann v. Board of Educ., 402 U.S. 1, 15, 91 S.Ct. 1267, 1276, 28 L.Ed. 2d 554 (1971). The relief ordered by the trial court was tailored to alleviate the deplorable practices and conditions at Parchman. Shortage of funds is not a justification for continuing to deny citizens their constitutional rights.

1321 *1321 J. Change of Officials

The appellants contend that because individuals who are presently Governor, Superintendent and members of the Penitentiary Board are not the same individuals holding these positions when this suit was commenced, they are not now subject to the trial court's order. That the individuals now holding those offices may not be the same as those in office when this suit was commenced is immaterial for purposes of this appeal since the defendants were sued in their official, not their individual capacities, and it is only in their official capacities that they are

constrained by the district court's order to act. In addition, the complaint was not only filed against the named individuals, but also against "their successors."
K. Good Faith Actions Warrant Setting Aside Judgment?
Lastly, the appellants urge that their good faith actions in initiating the ordered reforms at Parchman, following entry of the district court's order, make the harsh and extensive order of the district court now inappropriate. It is pointed out that steps are underway to improve the prison facilities and that the Governor and other state officials have pledged to create a model prison. The appeal to this Court is that since improvements are being implemented in the condition and operation of Parchman, the order of the district court should be set aside and "the defendants should be left to operate their own state prison."
Changes made by defendants after suit is filed do not remove the necessity for injunctive relief, for practices may be reinstated as swiftly as they were suspended. In United States v. Oregon State Medical Society, 343 U. S. 326, 333, 72 S.Ct. 690, 695, 96 L.Ed. 978 (1952), the Supreme Court stated:
"When defendants are shown to have settled into a continuing practice . . . courts will not assume that it has been abandoned without clear proof. . . . It is the duty of the courts to beware of efforts to defeat injunctive relief by protestations of repentance and reform, especially when abandonment seems timed to anticipate suit, and there is probability of resumption."
The past notoriety of the protracted inhumane conditions and practices at Parchman reveals the necessity for the continuance of the injunctive order of the district court. It is significant that the improvements made at Parchman were not undertaken until after the filing of this suit. Although good faith may be relevant in determining whether defendants have complied with the order of the court, it certainly is not a ground upon which to seek modification of that order.
While recognizing that steps have been taken, since the filing of this suit, to improve conditions at Parchman, it is evident that much is left to be done before Parchman is operated in accord with the constitutional requirements set out in the district court's judgment. In fact, it is noteworthy that on August 22, 1973, the court found it necessary to establish the office of federal court monitor to check all the phases of prison administration, management and operation of Parchman and to determine the degree of compliance with provisions of its order dated October 20, 1972. The appointment of a federal monitor, based upon inmates' motion alleging civil contempt by the state in failing to comply with the order, certainly cases doubt upon the good faith compliance asserted by the defendants.
As a final resort the appellants, listing a number of quotations, assert that federal courts should not meddle in the internal affairs of state prisons and that matters of prison administration are to be left to the states, not dictated by federal courts. But this is not a situation where minutiae of prison administration are at issue. This case was submitted on an agreed record with gross constitutional violations admitted. The prompt and peremptory 1322 response of *1322 the district court to these issues was totally justified and was within its broad discretion and power to fashion equitable remedies. That it may be inconvenient or more expensive for the State of Mississippi to run its prison in a constitutional fashion is neither a defense to this action or a ground for modification of the judgment rendered in this case.
IV. CONCLUSION
Based upon the court's exhaustive investigation of the operation of Parchman, it properly conducted a special hearing on the proper forms and measure of relief to be granted, and then realistically composed part of the remedy as (A) immediate and intermediate relief, and fashioned another segment of the remedy as (B) long range relief. In view of the lengthy analysis by the district court, we adopt the court's findings of fact and conclusions of law as our own and affirm the judgment.
Judgment affirmed.

[1] 28 U.S.C. § 2281 states:
"An interlocutory or permanent injunction restraining the enforcement, operation or execution of any State statute by restraining the action of any officer of such State in the enforcement or execution of such statute or of an order made by administrative board or commission acting under State statutes, shall not be granted by any district court or judge thereof upon the ground of the unconstitutionality of such statute unless the application therefor is heard and determined by a district court of three judges under section 2284 of this title."
[2] For other decisions adopting this precise test for determining the existence of substantial constitutional questions see Goosby v. Osser, 409 U.S. 512, 518, 93 S.Ct. 854, 35 L.Ed.2d 36 (1972); Swift Co., Inc. v. Wickham, 382 U.S. 111, 115, 86 S.Ct. 258, 15 L. Ed.2d 194 (1965); Bailey v. Patterson, 369 U.S. 31, 82 S.Ct. 549, 7 L.Ed.2d 512 (1962); California Water Service Co. v. City of Redding, 304 U.S. 252, 255, 58 S.Ct. 865, 82 L. Ed. 1323 (1938); Kline v. Rankin, 489 F.2d 387 (5th Cir. 1974); Local No. 300, Amal. Meat Cutters & B. Work. v. McCulloch, 428 F.2d 396 (5th Cir. 1970); Mayhue's Super Liquor Store, Inc. v. Meiklejohn, 426 F.2d 142, 144 n. 4. (5th Cir. 1970).
[3] 7930 states : "The superintendent, . . . shall be vested with the exclusive management and control of the prison system, and all properties belonging thereto, subject only to the limitations of this act and shall be responsible for the management of affairs of the prison system and for the proper care, treatment, feeding, clothing and management of the prisoners confined therein . . ."
Section 7942 states : "The superintendent shall see that all state prisoners are fed good and wholesome food, properly prepared under wholesome, sanitary conditions, and in sufficient quantity, and reasonably varied, and he shall hold employees performing this work strictly to account for any failure to carry out this provision. . . ."
Section 7959: "The prison hospital at Sunflower farm shall be under the immediate control and management of the prison physician, but under the general control of the superintendent. . . . There shall be separate wards for male and female prisoners and other classifications as the superintendent may provide and it shall be equipped for the treatment of sick and wounded prisoners . . . He shall cause all prisoners to be vaccinated for all communicable diseases known to constitute a health hazard under such living conditions. . . . The Board of Trustees of State Eleemosynary Institutions shall make periodic inspections of the hospital facilities at the Mississippi State Penitentiary to see that hospital procedures, health standards, and sanitary conditions are maintained in a satisfactory manner, and make recommendations and suggestions pertaining to same to the Superintendent of the Mississippi State Penitentiary, and the Governor of Mississippi."
[4] At different points we will discuss the deviation of the Parchman practices from Mississippi law. Because of the federal claims, this Court has jurisdiction of this case. 28 U.S.C. §§ 1331(a) and 1343(3) and (4). Our pendent jurisdiction is not limited to federal questions, but extends to questions of state law that arise out of the same operative facts.
[5] 7968 states : "The superintendent may set up rules regarding the discipline of prisoners . . . . Corporal punishment of any kind is hereby discouraged and shall not be administered to any prisoner except on the written authority of the superintendent and if corporal punishment is administered, to any prisoner, it shall be administered in the presence of any two (2) of the following persons ; the superintendent, the chaplain or a member of the board. Whenever a sergeant or other employee of the penitentiary considers it necessary that a prisoner be punished, he must make a written report to the superintendent regarding punishment, stating in such report the offense committed by the prisoner and in the event the superintendent, after investigation, considers it necessary that such prisoner be given corporal punishment, he shall give written authority therefor directed to the sergeant specifying the number of licks or lashes, not to exceed seven (7) which may be administered. The written request of the sergeant and the written authorization of the superintendent, signed by them, as well as a statement by the witnesses attesting that they witnessed the lashing, shall be placed in the file of the prisoner involved and a copy of same shall be placed in permanent register available to the Governor, the board and legislative investigating committees. . . ."
[6] The Mississippi State Penitentiary Rules and Regulations Handbook, issued February, 1973, also stressed that the trusties should be deserving and trustworthy inmates :

"TRUSTY SYSTEM"
"At the Mississippi State Penitentiary there are two categories of trustys. They are Full-Trusty and Half Trusty.
"FULL TRUSTY. This category is provided for inmates who are considered to be trustworthy in every respect, and who have by virtue of their work habits, conduct, and attitudes of cooperation proven their trustworthiness. Full Trustys are in the Minimum `B' Custody classification, and can work without constant supervision by employees or security officers.
"HALF TRUSTY. This category is provided for inmates who are considered to be trustworthy, but need limited supervision by employees or security officers. Such inmates have proven their reliability through their work habits, conduct and attitudes. Half Trustys are in the Minimum `A' Custody classification and require only limited supervision by employees or security personnel.
"In order to become a Full Trusty or a Half Trusty, the inmate must be recommended to the Classification Committee for a change in custody classification by his Camp Sergeant or a member of the administrative staff of the institution.
"The Classification Committee has established the following policy to regulate applications for change of custody classification considered for a change of custody classification.
"1. Inmates having detainers against them will not be considered for a change of custody classification.
"2. Inmates who have been convicted of a charge of arson or for any sexual offense will not be considered for a change of custody classification until they have been examined and approved by the Psychiatric Staff of the State Hospital at Whitfield or the Staff Psychiatrist of the State Penitentiary.
"3. Inmates who have escaped from a penal institution within four years of the date of application will not be considered for a change of custody classification.
"4. Inmates who have escaped from jails or mental institutions or similar institutions of confinement within two years of application will not be considered for a change of custody classification.
"5. Inmates having served less than ninety days in the institution will not be considered for a change of custody classification.
"6. Inmates who are in the Half-Trusty classification must remain in that classification at least ninety days before they can be considered for the Full-Trusty classification.
"7. Inmates who have lost their Trusty classification due to disciplinary action will not be considered for reinstatement prior to ninety days from the completion of the punishment for the offense."
[7] See footnote p. 1302, supra.
[8] The regulations in the 1973 handbook entitled "Mississippi State Penitentiary : Rules and Regulations," state:
"POLICY REGARDING MAIL. It is considered essential to the eventual resocialization of the inmates that they maintain contact with their families and desirable friends through use of the mail. Therefore, inmates are encouraged to make use of the mail and every means compatible with security is provided for them to do so.
S401. OUTGOING MAIL. Outgoing mail of inmates addressed to the following will not be opened or otherwise interfered with :
1. Officials of the federal, state and local courts.
2. All federal officials, including the President of the United States, any senator or congressman, and officials of any United States agency or department ; all state officials, including the Governor, members of the state Senate and House of Representatives ; and officials of any state agency or department.

3. All members and employees of the State Probation and Parole Board.
4. The attorney of record of an inmate in any pending action, civil or criminal, in any duly constituted local, state or federal court. Other outgoing mail of inmates to any other addressee will not be interfered with except to open and inspect, in the presence of the inmate where prison officials have reasonable grounds to suspect such communication is an attempt to formulate, devise, or otherwise effectuate a plan to escape from the penitentiary, or to violate the laws of the State of Mississippi or of the United States.
S402. INCOMING MAIL. Incoming mail from any source will not be interfered with except to open and inspect such mail, in the presence of the inmate addressee, whenever the prison officials have reasonable grounds to suspect escape attempts or to discover drugs, weapons or other material expressly prohibited by state or federal laws or by prison rules. Inmates shall be given written notice which describes any material confiscated or returned and the reason for such action. Any material confiscated because of alleged obscene content shall be recorded and forwarded to federal postal authorities for appropriate action.
S403. MAIL LIMITATIONS. There shall be no restriction placed on the number of letters or addresses to whom an inmate may write."
[9] The Court stated :
"These regulations fairly invited prison officials and employees to apply their own personal prejudices and opinions as standards for prisoner mail censorship. Not surprisingly, some prison officials used the extraordinary latitude for discretion authorized by the regulations to suppress unwelcome criticism. For example, at one institution under the Department's jurisdiction, the checklist used by the mailroom staff authorized rejection of letters `criticizing policy, rules or officials,' and the mailroom sergeant stated in a deposition that he would reject as `defamatory' letters `belittling staff or our judicial system or anything connected with the Department of Corrections.' Correspondence was also censored for `disrespectful comments,' `derogatory remarks,' and the like.
"Appellants have failed to show that these broad restrictions on prisoner mail were in any way necessary to the furtherance of a governmental interest unrelated to the suppression of expression. Indeed, the heart of appellants' position is not that the regulations are justified by a legitimate governmental interest but that they do not need to be. . . . The regulation, however, is not narrowly drawn to reach only material that might be thought to encourage violence nor is its application limited to incoming letters. In short, the Department's regulations authorized censorship of prisoner mail far broader than any legitimate interest of penal administration demands and were properly found invalid by the District Court." 416 U.S. at 415, 94 S.Ct. at 1812 (1974).
[10] The Supreme Court reemphasized that Procunier v. Martinez, supra, was not based on the inmates' rights but on the correspondent's rights : "While First Amendment rights of correspondence with prisoners may protect against the censoring of inmate mail, when not necessary to protect legitimate governmental interests, see Procunier v. Martinez, 416 U.S. 396, 94 S.Ct. 1800, 40 L. Ed.2d 224 (1974), this Court has not yet recognized First Amendment rights of prisoners in this context, see Cruz v. Beto, supra, Cooper v. Pate, supra [378 U.S. 546, 84 S.Ct. 1733, 12 L.Ed.2d 1030 (1964)]. Furthermore, freedom from censorship is not equivalent to freedom from inspection or perusal." 418 U.S. 539, 575, 94 S.Ct. 2963, 2984, 41 L.Ed.2d 935 (1974).
[11] The rationale for allowing the presence of the inmate was well stated by the First Circuit Court of Appeals in Smith v. Robbins, 454 F.2d 696, 697 (1st Cir. 1972), where the court required the presence of an inmate for the inspection of inmate-attorney mail :
"However strongly the warden may feel about a possible indignity to the prison administration in a suggestion by the court that it is not to be trusted not to read the letter, this misses the point. The court does not suggest that the warden is untrustworthy. Rather, it is that a prisoner, and possibly some attorneys, may feel, if only to a small degree, that someone in the chain of command may not be trusted, and that the resulting fear may chill communications between the prisoner and his counsel. Once it is granted, as the warden now concedes, that the prisoner has a right to have the confidence between himself and his counsel totally respected, the burden must be on the warden to show a need for any act which could produce even a suspicion of intrusion. If a prisoner can

see no good reason for opening a letter in his absence, it would not be unnatural for him to suspect a bad one. Inasmuch as the warden has failed to suggest any reason that seems adequate even to us, we see no reason to leave such possible apprehensions on such an important matter as right to counsel in the minds of the prisoner or his attorney."
[12] We point out that certain issues previously adjudicated by this Court concerning correspondence are not presented here and thus do not require in this case reconsideration in light of the recent Procunier and Wolff decisions. See Schack v. Wainwright, 391 F.2d 608 (5th Cir. 1968) (inmate's right to have his mail relating to legal proceedings sent "postage prepaid by certified mail0907return receipt requested,") ; Heft v. Carlson, 489 F.2d 268 (5th Cir. 1973) (inter-institutional correspondence) ; O'Brien v. Blackwell, 421 F.2d 844 (5th Cir. 1970) (exhaustion of administrative remedies in mail suits).
[13] The thrust of the defendants' appeal was directed towards those ingredients in the district court's judgment which would require substantial expenditures to implement. The Appellants Brief, at p. 5 states :
"The defendants-appellants have already promulgated rules and regulations concerning the censorship of mail, use of corporal punishment, and the discipline of inmates and disciplinary confinement. However, the monumentus task that remains concerns the elimination of the armed trusty system, improving physical facilities, classification of inmates, inmate protection and improvement of medical facilities. All of these will necessarily require funds : funds that will necessarily have to be supplied by the Legislature of the State of Mississippi."
[14] The following acts were prohibited and would be dealt with as major violations :
"1. Killing.
2. Assaulting any person.
3. Fighting with another person, except in self-defense.
4. Extortion, blackmail, demanding or receiving money or anthing of value in return for protection against others, to avoid bodily harm, or under threat of informing.
5. Engaging in sexual acts with others.
6. Escape.
7. Attempting or planning escape.
8. Setting a fire.
9. Willfully or maliciously destroying, altering, or damaging state property or the property of another person.
10. Stealing (theft).
11. Unauthorized possession or distribution of any explosive or any ammunition.
12. Unauthorized possession or distribution of a gun, firearm, weapon, sharpened instrument, knife, or tool.
13. Unauthorized possession, introduction, or use of any narcotics, narcotic paraphernalia, drugs, or intoxicants not prescribed for the individual by the medical staff.
14. Rioting.
15. Encouraging others to riot.
16. Engaging in or encouraging any group demonstration or conduct which disrupts or interferes with the security or orderly running of the institution.
17. Counterfeiting, forging, or unauthorized reproduction of any article or identification, money, security, or official paper.

18. Making intoxicants. 19. Gambling. 20. Preparing or conducting a gambling pool. 21. Giving or offering any staff member a bribe, or anything of value. 22. Conspiring with or aiding another person to to commit any of the above offenses shall be considered the same as a commission of the offense itself." The following acts were prohibited and would be dealt with as minor violations : "23. Threatening another with bodily harm or with any offense against his person or his property. 24. Making sexual threats to another. 25. Indecent exposure. 26. Wearing a disguise or mask with the intent to violate prison rules and regulations. 27. Willfully or maliciously destroying or otherwise interfering with any locking device. 28. Misuse of authorized medication. 29. Unauthorized possession of money or currency. 30. Loaning of property or anything of value for profit or increased return. 31. Possessing any officer's or staff clothing, unless specifically authorized. 32. Refusing to work. 33. Encouraging others to refuse to work, or participation of work stoppage. 34. Refusing to obey an order of any staff member. 35. Unexcused absence from work or any other assignment. 36. Malingering, feigning an illness. 37. Using abusive or obscene language that disrupts or interferes with the security or orderly running of the institution. 38. Lying, or providing a false statement to a staff member. 39. Being in an unauthorized area without official permission. 40. Willfully using any equipment, machinery, or vehicle which is not specifically authorized. 41. Willfully using any equipment or machinery contrary to instructions or posted facility standards. 42. Failing to stand count, unless officially excused. 43. Interfering with the taking of count. 44. Being intoxicated (alcohol). 45. Smoking where prohibited. 46. Tattooing or self-mutilation. 47. Unauthorized use of telephone or violation of mail regulations.

48. Violation of visiting regulations. 49. Giving money or anything of value to, or accepting money or anything of value from, another inmate, a member of his family or his friends without prison written approval (see Article 7). 50. Removing or having in your possession any eating or cooking utensil from the dining room or kitchen without authorization. 51. Conspiring with or aiding another person to commit any of the above minor offenses shall be considered the same as a commission of the offense itself." The following disciplinary action was prescribed for minor violations : "Whenever an inmate is found guilty of a minor violation, he may be subjected to one or more of the following disciplinary actions with the approval of the Superintendent. The disciplinary action taken will be individualized in keeping with such factors as the offender's past history, institutional adjustment, motivation, and attitude. For any offense within a twelve-month period, the maximum punishment is set forth ; however, the council may recommend less than the maximum depending on the individual facts and circumstances surrounding the violation. (a) FOR A FIRST OFFENSE WITHIN A TWELVE-MONTH PERIOD: 1. Reprimand. 2. Loss of six days good time. 3. Loss of plasma privileges for one thirty days. 4. Loss of visiting privileges for one Sunday. (b) FOR A SECOND OFFENSE WITHIN A TWELVE-MONTH PERIOD: 1. Loss of twelve days good time. 2. Loss of plasma privileges for two months. 3. Loss of visiting privileges for one month. (c) FOR A THIRD OFFENSE WITHIN A TWELVE-MONTH PERIOD: 1. Seventy-two hours in isolation. 2. Loss of twenty four days good time. 3. Assignment for thirty days of time to a camp where the following privileges are not available. a. Television. b. Radio. c. Movies. d. Commissary privileges. e. Handicraft work. f. Use of the regular library. g. Visiting privileges. h. Athletic program.

i. Plasma privileges. j. Free tobacco. (d) FOR ANY OFFENSES AFTER A THIRD OFFENSE WITHIN A TWELVE-MONTH PERIOD, THE PUNISHMENT WILL BE THE SAME AS CAN BE GIVEN FOR A THIRD OFFENSE." (Emphasis supplied). The following disciplinary action was prescribed for major violations : "Whenever an inmate is found guilty of a major violation, he may be subjected to one or more of the following disciplinary actions with the approval of the Superintendent. The disciplinary action taken will be individualized in keeping with such factors as the offender's past history, institutional adjustment, motivation, and attitude. For any offense within a twelve-month period, the maximum punishment is set forth ; however, the council may recommend less than the maximum depending on the individual facts and circumstances surrounding the violation. (a) FOR A FIRST OFFENSE WITHIN A TWELVE-MONTH PERIOD: 1. Seventy-two hours in isolation. 2. Loss of six days good time. 3. Loss of plasma privileges for thirty days. 4. Loss of visiting privileges for one Sunday. (b) FOR A SECOND OFFENSE WITHIN A TWELVE-MONTH PERIOD: 1. Seventy-two hours in isolation. 2. Loss of six days good time. 3. Loss of plasma privileges for two months. 4. Loss of visiting privileges for one month. 5. Confinement for a period not to exceed twenty-four hours in the dark hole, said period of time will be a part of the seventy-two hours that the inmate may be in isolation. (c) FOR A THIRD OFFENSE WITHIN A TWELVE-MONTH PERIOD: 1. Seventy-two hours in isolation. 2. Loss of twenty-four days good time. 3. Assignment for thirty days of time to a camp where the following privileges are not available : a. Television. b. Radio. c. Movies. d. Commissary privileges. e. Handicraft work. f. Use of the regular library. g. Visiting privileges. h. Athletic program.

i. Plasma privileges.
j. Free tobacco.
4. Confinement for a period not to exceed twenty-four hours in the dark hole, said period of time will be a part of the seventy-two hours that the inmate may be in isolation.
(d) FOR ANY OFFENSE AFTER A THIRD OFFENSE WITHIN A TWELVE-MONTH PERIOD, THE PUNISHMENT WILL BE THE SAME AS CAN BE GIVEN FOR A THIRD OFFENSE."
[15] Mississippi in Miss.Code Ann. § 7944 (1971) also has provided statutorily that commutation of time for good conduct shall be granted by the superintendent, i. e., good time credit, and that the following deduction shall be made from the term or terms of sentences :
"Three (3) days per month off of the first year's sentence ; four (4) days per month off of the second year of sentence ; five (5) days per month off of the third year of sentence ; six (6) days per month off of the fourth year of sentence ; seven (7) days per month off of the fifth year of sentence ; eight (8) days per month off of the fourth year of sentence ; nine (9) days per month off of the seventh year of sentence ; ten (10) days per month off of the eighth year of sentence ; eleven (11) days per month off of the ninth year of sentence ; fifteen (15) days per month off of the tenth year, and all succeeding years of sentence. A prisoner under two (2) or more cumulative sentences shall be allowed commutation as if they were all one (1) sentence. . . ."
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 </s> 390 F.Supp. 482 (1975)
Nazareth GATES et al., Plaintiffs, v.
John COLLIER et al., Defendants.
No. GC 71-6-K. United States District Court, N. D. Mississippi, Greenville Division.
January 31, 1975. 483 *483 Roy S. Haber, Boulder, Colo., David Lipman, Jackson, Miss., Quinlan Shea, Dept. of Justice, Washington,
D. C., for plaintiffs. Roger Googe, Asst. Atty. Gen., James M. Ward, Jackson, Miss., for defendants.

MEMORANDUM OPINION

KEADY, Chief Judge.

On December 13, 1974, the private plaintiffs, who are penitentiary inmates, moved the court for further relief in accordance with its previous findings of fact and conclusions of law entered September 13, 1972, and judgment of October 20, 1972,[1] alleging that defendants had failed to comply with the order of the court in a number of material respects. Pursuant to the motion, the court scheduled and conducted, beginning January 29, 1975, pretrial conferences and a comprehensive evidentiary hearing designed to resolve factual issues in the following areas:

1. The constitutional adequacy of inmate disciplinary procedures.

2. The constitutionality of proposed prison mail regulations.

3. Racial discrimination allegedly practiced by prison officials in the housing and work assignments of inmates and the employment of a disproportionately low percentage of blacks in civilian positions.

484

*484 4. Inadequate progress in the elimination of physical facilities heretofore found unfit for

human habitation.

5. Inadequate progress in the elimination of overcrowding of the inmate population.

6. Inadequate medical services and facilities.

7. Inadequate protection of inmates from assaults by other inmates.

Although February 8, 1975, marks the fourth anniversary of the active pendency of this case before this court, and although we have, during that time, conducted numerous hearings directed at specific aspects of the penitentiary operation, this was the first truly comprehensive hearing covering virtually all the matters embraced in our October 20, 1972, order.

In a pretrial conference with counsel for all parties being in agreement, the court resolved the issue relating to the adequacy of inmate disciplinary procedures by an amendatory order adopting the standards enunciated in Wolff v. McDonnell, 418 U.S. 539, 94 S. Ct. 2963, 41 L.Ed.2d 935 (1974) (see Appendix 2). In a second pretrial conference, the court next considered the comprehensive revised mail regulations submitted for approval by the penitentiary superintendent, received stipulations of counsel and took evidence on the limited issue of the prison officials' authority to open and inspect, but not read, in-coming inmate mail of a non-privileged character, in the

absence of the inmate.[2] The court, in a bench ruling, determined that such procedure was not violative of First Amendment rights, was necessary to the state's substantial interests of security, discipline, and good order, and was in conformity with Procunier v. Martinez, 416 U.S. 396, 94 S. Ct. 1800, 40 L.Ed.2d 224 (1974). We thereupon approved the revised mail regulations by an amendatory order. (Appendix 3).
Finally, at a three-day evidentiary hearing, the court received extensive oral and documentary evidence relating to the remaining issues. After due consideration, and in accordance with Rule 52, F.R.Civ.P., the court now makes findings of fact and conclusions of law.
FINDINGS OF FACT
According to the overwhelming proof, commendable progress has been achieved by the defendants in many areas. As a result of new organizational legislation and increased appropriations for the penitentiary by the state's legislature, the undeviating support of the present governor for a professionally trained penitentiary administration, and the efforts of the present penitentiary staff, substantial progress has been made toward removing or eliminating, if not in whole then certainly in great part, many of the nefarious practices and conditions which this court found to exist in 1972. Unquestionably, much progress at Parchman has occurred, and it is 485 gratifying *485 to this court to be able to so declare.
First and foremost among the improved conditions, the responsibility for the institution's security has been shifted from the inmates themselves to the civilian staff. This was accomplished largely by the transfer to correctional officers of all custodial authority, which had for decades been vested in the Parchman inmates, not only as armed trusties but in various other positions of authority over fellow inmates. A necessary concomitant of this transfer was, quite naturally, the employment and training of competent free-world personnel to intelligently operate a penal institution in accordance with generally accepted correctional standards. We are satisfied that this has been achieved. According to undisputed evidence, the civilian staff is now subjected to an intensive initial training program with ongoing training required. Applicants for employment are considered on the basis of merit and qualifications; political considerations are apparently eschewed. Merit promotions, calculated to retain a better grade staff, are awarded to employees having records of satisfactory work performance. The history of the Mississippi corrections system, both before and after our comprehensive Gates order, provides vivid proof of the importance of professionally trained staff in a prison setting. Experience has taught well that, without intelligent direction from the top echelon down to the civilian employees of least rank, the state's purposes in incarcerating those convicted of crime are inevitably thwarted and frustrated; rehabilitation is illusory, and the conditions of daily penitentiary life become barbaric. As one penologist testified, a prison can be "a good place to learn to hate," and where physical survival becomes the only consideration, the completion of sentence may return the inmate to society with irreparable damage.
The evidence shows improvement in other general areas of the prison's operation, such as food service, fire protection, inmate clothing and supplies, vocational and general education, and the reduction of escapes and public security. Other essential services now available to inmates include an adequate recreation program, expanded counseling services, a family visiting program, full chaplaincy service, the exercise of religious freedom under reasonable rules and regulations, and the installation of a full law library. Meaningful inmate classification, long nonexistent, has been established, although still in a primitive state. Despite marked improvement in both the quality and quantity of medical and health services and in inmate protection, these vital matters will be the subject of later critical comment.
Various kinds of physical improvements have been made to the penitentiary property, most notably the construction of three "temporary" residential units, each housing 100 men, the completion of the first phase of a new women's unit, a reconstructed drug rehabilitation center, and other special purpose buildings. A fourth temporary unit to house 120 inmates will soon be built with construction funds now available. Other improvements include a new sewage system, a new water system with a deep well under construction, cold storage facilities, a drug abuse center, and a security building. Also under contract is a new medium security unit designed to house 192 inmates in single-cell accommodations. This structure, costing $2,000,000, is jointly funded by state and federal sources.

The evidence indicates almost without dispute that racial discrimination at the penitentiary has for all practical purposes been eliminated. Equality of treatment of minority inmates, in work asssignments, housing, discipline, education, and in other ways, now obtains at the prison. Likewise, employment of blacks at different levels of the penitentiary staff, in both the security and nonsecurity divisions, is indicative of an absence of racial 486 discrimination. Blacks not only serve as correctional officers but as camp sergeants and in other *486 positions of responsibility. The number of blacks employed at the penitentiary, in relation to the total staff of 560 persons, is further evidence of equal and nondiscriminatory employment practices. For example, 45% of the security force is black, while 8% of the nonsecurity personnel are members of minority races, with the vast majority of inmate counselors being black. The penitentiary conducts an active recruitment program to encourage members of all races to apply for vacancies. The elimination of racial discrimination, among both inmates and employees, in this short time has been made possible only by the techniques and procedures introduced by a professionally motivated and dedicated staff.
Despite continuing progress at Parchman in certain areas, serious problems remain in others, often with constitutional significance. First, although a master plan for corrections in Mississippi, commendably devised by Mississippi officials, has been submitted to and approved by the Law Enforcement Assistance Administration (LEAA), the master plan contemplates the dispersal of the inmate population to several points within the state. More importantly, under existing federal regulations, no additional federal funds of a substantial nature may be awarded to Mississippi for the construction of housing units or other facilities at the Parchman site. The reason for this restriction on additional substantial federal money is LEAA's position that the concentration of prison inmates at a single location or operating facility, in numbers exceeding 400, is contrary to generally accepted modern prison practices. Unfortunately, Parchman, which is the only correctional facility in Mississippi for adult felons, now contains approximately 2100 inmates, and the prison population is steadily expanding at 0907 a current incremental rate of 30 inmates per month.[3] The state legislature, aware of the problem, has not yet adopted any legislative plan to disperse adult felony offenders at points away from the Parchman penitentiary, and if Parchman remains the sole site for incarceration of felony offenders, Mississippi can expect to shoulder the entire burden without financial asssistance from "Big Brother".
This present and perhaps permanent unavailability of federal assistance compounds an already critical housing situation. We know from the undisputed evidence that generally accepted correctional standards require a minimum of 50 square feet of living area for every prison inmate. Penologists offered by the private inmates and the government as well as the corrections specialists on the Parchman staff agree that this requirement is needed to ensure a minimum level of decency. The evidence indicates, however, that no study has yet been made of the amount of space available to Parchman inmates under existing housing conditions, although the clear inference is that, at least in many housing units as a result of inmate overcrowding, the minimum space standard is not met. As of this date, the only future planning which exists for additional permanent inmate housing (beyond that already mentioned) is a 192-man close security unit for which no state money has been appropriated and for which federal funds, under present regulations, can never be available.
The evidence also shows that many of the inmate residential camps, now quite old structures, continue to remain in a state of deplorable and appalling disrepair. Many are beyond repair and, notwithstanding efforts to improve their superficial appearance, they remain unfit for human habitation. Many inmates thus continue to be housed 487 under the subhuman conditions noted by this *487 court in September 1972. There are two consequences which spring directly from the continued use of these old, condemned structures. First, since the housing units are constructed in open, dormitory style, overcrowding of inmates may easily and often does occur. Next, the openness of the living arrangement itself affords inmates minimum protection from assaults by other inmates. Although the present prison staff, through shake-down procedures to discover weapons and stationing correctional officers within housing units at all times and especially during the night hours, has to some extent reduced hazards of inmate assault, the fact remains that inmates are compelled to live in such close quarters that prevention of acts of violence is virtually impossible.
According to Dr. Robert Brutsche, Assistant Surgeon General of the United States Public Health Service and the chief medical advisor to the United States Bureau of Prisons, the medical facilities and services at Parchman have shown marked progress within the past two years. This expert stated that all of the court's requirements

regarding this vital service to prison inmates has been substantially complied with, and worthwhile innovations established, except for two remaining gross deficiencies. First, Parchman has only one full-time physician, upon whom and whose staff is thrown the burden of medical care for not only the inmates but the penitentiary staff and their families.[4] At one time Parchman had three physicians but was unable to retain them. A most critical need exists for two additional full-time physicians, one a chief medical officer and the other a psychiatrist; this fact is acknowledged by all concerned. In fact, bills pending in the current legislative session seek to raise salary levels to fill these professional categories. Next, the existing hospital building, although in the charge of a competent administrator, is grossly inadequate for the prison needs, is incapable of repair, and should be replaced by a new facility. Other aspects of the health program, such as supporting staff, dental care, drug supplies, pharmaceutical and radiology services and medical equipment are found to be adequate. Good rapport exists between medical and security personnel, thus allowing proper access of inmates to medical care. Better use of the existing hospital, however, could be made by removing living quarters of working inmates, thus making needed bed space available for ill patients, including the mentally ill now housed elsewhere.
The maximum security unit at the present time is used to confine two men in units designed for single cell occupancy. Although this practice is undesirable, the number of inmates at Parchman posing substantial security risks exceeds the number that can be properly housed at the maximum security unit, and there is no other prison facility suitable to confine prisoners of this class. Moreover, the current practice of indiscriminate mixing in the maximum security cells of those there permanently and those confined there temporarily as punishment for infraction of prison rules is not conducive to good correctional results. The prison staff and the classifications committee are acutely aware of the problems presented by the presently limited capacity for confining inmates who are maximum security risks.
The state of cleanliness and sanitation at the residential camps varies widely. In many of the residential camps filth and uncleanliness, to an intolerable degree, have been allowed to prevail. Also, there is excessive idleness on the part of many inmates, even at camps where filthy conditions obtain. Penologists agree that undue idleness 488 by *488 prison inmates is an unwholesome condition and is likely to retard the process of rehabilitation. Testimony from the prison staff reflected their understanding that Parchman inmates could not lawfully be required to work. This was a misconception of this court's prior order.[5] As counsel for both the United States and the inmates agreed, useful work for inmates is not only wholesome but desired. Any interpretation of our prior order that inmates are barred from being required to work is erroneous. On the contrary, a work program for all able-bodied inmates would be beneficial both to the inmates and to the institution.
CONCLUSIONS OF LAW
The Mississippi State Penitentiary is presently being operated in a manner which, except as hereinafter stated, complies with the Constitution of the United States. Fully cognizant that the penitentiary is a Mississippi institution and as such should be managed and operated by the state's agents in accordance with state law, rules and regulations, federal courts should accordingly be reluctant to intervene in the orderly functioning of state institutions. Thus, our concern is limited solely to determining whether the state has been able to achieve constitutional compliance, and we continue to disavow any purpose to render the penitentiary subject to federal superintendence and control.
So long as constitutional violations are not involved, questions of penitentiary administration, methods and management, and whether certain procedures are wise are determined by the state and its prison administrators, without interference from this federal court. Hence, critical comments we make regarding lack of sanitation and state of uncleanliness in some of the housing units, residual deficiency in classification procedures, present methods of operating the maximum security unit, placement of inmates who represent maximum security risks, the best use of available hospital space, and other multitudinous procedures relating to the daily administration of the penitentiary concern problems for the defendants to resolve in the exercise of sound discretion. It would be improper for this court to substitute its judgment for the expertise of correctional officers in coping with special needs or individualized problems presented by certain classes of offenders. We, therefore, reject the appeals made by counsel for prison inmates and the Department of Justice for this court to enjoin the defendants from placing more than one man in a maximum security cell, or to take specific steps to eliminate conditions of filth

and lack of sanitation at many residential camps, or to inaugurate work programs for able-bodied inmates, or to make better use of hospital bed space for in-patient service. Moreover, we are confident that these conditions, now that they have been bared at this hearing, will be administratively handled with optimum results without delay.
On the basis of the foregoing findings of fact, however, that portion of the court's October 20, 1972, judgment headed "Medical Facilities" has not been adequately met by defendants. In this material respect, the state's continuing failure to provide for the physical health and well being of inmates contravenes the Eighth Amendment as well as state law. Gates v. Collier, 349 F.Supp. at 894. To assure an acceptable level of medical services for the inmate population, defendants must exert maximum efforts to employ two additional doctors, one a chief medical officer and the other a psychiatrist. Similarly, a new hospital facility or structure to house inmates 489 suffering serious *489 illness or disease and requiring in-patient care must be provided. Accordingly, the court will issue an order requiring the defendants to establish a time table for and to implement more adequate medical services and facilities as herein set forth.
Again, on the basis of undisputed proof, many if not most of the aged housing units continue to remain in appalling, deplorable condition and are unfit for human habitation. The Constitution mandates that the present inmate population not continue to be confined in such quarters; and Mississippi has no exemption or shield whatever from complying with constitutional imperatives. The court is impressed with the size and nature of the very considerable problem confronting the defendants from having to use condemned facilities to house inmates, with consequent overcrowding circumstances. Nevertheless, the prison's constitutional deficiency must be attacked, plans made now and feasible solutions provided without delay.
We recognize that removal of the residual constitutional evils at Parchman will require not only intelligent planning but time for major construction, even if funding was presently available. A further complication arises from the absence of funding to begin a program of building new housing units. Indeed, even at this late date, the Mississippi legislature has yet to decide whether to disperse adult offenders to other locations and thus qualify for substantial LEAA financial aid, or to forego federal aid and expand permanent improvements at the Parchman site, solely with state funds. The choice, of course, belongs to Mississippi, but the necessity for some solution to comply with constitutional principles presents a crisis which must be forthrightly addressed, and addressed now, by the state legislature if Mississippi is to be allowed to continue using Parchman as a place for incarcerating large numbers of convicted felons.
This court has reason to believe that there exists in this state a general public interest among citizens in needed penal reform and a disposition by the Mississippi legislature to move forward toward the goal of having a constitutionally run penitentiary. Even so, it is our clear duty to forthwith direct the defendants, the state's governor, the superintendent of Mississippi State Penitentiary, and the members of the state penitentiary board, to submit pertinent data regarding the inmate population and specific plans for the establishment of time tables to identify and eliminate those residential camps unfit for human habitation. We must further direct the defendants to present to the court alternative means for reducing the prison population to levels not inconsistent with constitutional standards, whether or not the necessary reduction may be accomplished within the frame work of existing state law.
Finally, we indulge the hope that our fellow trial judges on the state bench, whose sentencing responsibilities for state convictions are the same as ours for federal convictions, will gain firsthand knowledge of the Parchman crisis, should it not be realized already, and in conjunction with state prosecutors, institute cooperative, yet coordinated, efforts to aid the prison administration in reaching correct solutions.
A comprehensive order directing the defendants to establish a time table for and proceed to implement adequate medical facilities and services and reduce overcrowding of prison inmates at residential camps as well as eliminate those residential camps unfit for human habitation will be issued forthwith. (Appendix 1). This order is the next step we find it necessary to take, and it is but preliminary to further implementing mandates. We conceive it our duty to fashion decrees consonant with principles of equity and justice to bring Parchman and the inmates for which it is responsible under the umbrella of the Constitution of the United States.

ORDER
490 This cause having been submitted on the motion for further relief of the private *490 plaintiffs, partially joined in, ore tenus, by the United States as plaintiff-intervenor, and all parties having appeared in court personally and by their attorneys and announced their readiness for trial, and after the submission of oral and documentary evidence and statements of counsel and the court having informally delivered from the bench findings of fact and conclusions of law as contained in the court reporter's notes on file herein, the motion for further relief is sustained to the extent set forth in the next paragraph hereof.
The court finds that there is a constitutional requirement for the defendants to establish a time-table for and proceed to implement (a) adequate medical facilities and services, and (b) the reduction of overcrowding of prison inmates at residential camps as well as the elimination of those residential camps unfit for human habitation. It is, therefore,
Ordered
That William L. Waller, Governor, Jack K. Reed, Superintendent of Mississippi State Penitentiary, Charles Riddell, Chairman, Andrew C. Baker, Cleve McDowell, H. M. Raney and Tyler Fletcher, members of the Mississippi State Penitentiary Board, be and they are hereby commanded to do as follows:
(a) Within 90 days from this date submit a plan for the design and construction of a new prison hospital, disclosing the floor plan, size and character of a structure adequate to serve the medical needs of prison population, with estimates for construction cost and funding sources, and with projected dates for beginning and completion of the new hospital facility. In addition thereto, defendants shall, within said period of time, exert maximum efforts to employ two additional doctors, including a chief medical officer and a psychiatrist, and advise the court with respect to such efforts.
(b) Within 60 days from this date submit to the court a comprehensive plan for the reduction of the prison inmate population and the elimination of residential camps unfit for human habitation, including but not limited to the following data:
1. An analysis showing the location of the present inmate population according to residential camps and other housing units as of a current date.
2. An analysis of the maximum number of prison inmates that can be housed in accordance with the generally recognized correction criteria of not less than 50 square feet per inmate, by use of the presently existing facilities and any that can be rendered useable within the next 6 months. A list of the inmate population envisioned for each camp or other housing facility must be set forth.
3. A study of each residential inmate camp or housing unit which is unfit for human habitation and upon which it would not be feasible to make substantial or major repair. All camps and housing units presently employed should be listed in order of their unfitness or undesirability for continued use for inmate habitation, with a detailed description of the factual basis for such determination. This information is needed for the court to address the issue of the priority in which residential camps or other structures unfit for human habitation must be eliminated.
4. Plans which the defendants would recommend to the court as alternative means for reducing the prison population at the Mississippi State Penitentiary to a level not inconsistent with constitutional standards. This plan should prefer those alternatives which may be accomplished within the framework of existing state law; to the extent that such alternatives cannot realistically be expected to work, and to work now, state the order of priority of other alternatives which are consistent with good correctional practices and which may require the modification of existing state law. In addition, the plan should specify to what extent the prison administration has meaningful 491 interaction with the Mississippi State Probation and Parole Board or other state agency having *491 jurisdiction over persons convicted of crime and to what extent these agencies could assist in reducing the prison inmate population. The plan should also delineate what feasible programs, if any, may be devised for consideration by the district attorneys, prosecutors and sentencing judges of Mississippi regarding sentencing alternatives for

certain classes of offenders for whom incarceration at Parchman may be considered relatively less desirable. The court solicits further proposals which private plaintiffs, plaintiff-intervenor, or the defendants may wish to make either individually or collectively as practicable means of eradicating remaining unconstitutional conditions at Mississippi State Penitentiary which exist as a result of overcrowding, dwellings unfit for habitation, or both.
The clerk of this court is hereby directed to effect service upon all of the defendants hereinabove named by placing in the United States mail a certified copy of this order and noting the fact of such mailings on his docket.
This, 3rd day of February, 1975.
(s) William C. Keady Chief Judge United States District Court
APPENDIX 2

ORDER AMENDING DISCIPLINARY PROCEDURES FOR INMATES AT MISSISSIPPI STATE PENITENTIARY

Upon consideration of the jacket file, and applying the standards enunciated in Wolff v. McDonnell, 418 U.S. 539, 94 S.Ct. 935, 41 L.Ed.2d 935, 955-60 (1974), and Gates v. Collier, 501 F.2d 1291, 1317-19 (5 Cir. 1974), that portion of this court's prior order dated October 20, 1972, headed "Discipline of Inmates" is hereby amended to read as follows:

"The Penitentiary officials and all persons in privity with them are enjoined from imposing any form of disciplinary punishment which results in solitary or disciplinary confinement, loss of good time, or in any other major adverse change in the condition of an inmate's confinement except under the following due process requirements:

(a) An inmate may not be punished except for conduct which violates an existing penitentiary rule or regulation.

(b) An inmate accused of infraction of an existing penitentiary rule or regulation shall be given written notice of the charge against him, which notice shall identify the prison rule alleged to have been violated and state essential facts supporting the alleged violation. The notice shall be served upon the accused at least 24 hours prior to the hearing.

(c) The accused must be afforded an opportunity to appear before a tribunal to respond to the charge. In no event shall any person who brought or assisted in bringing the charge, or who participated in any way in the investigation of the facts on which the charge is based, or who has any personal interest in the outcome of the disciplinary proceeding serve on the disciplinary tribunal which conducts the hearing.

(d) The inmate facing disciplinary proceedings shall be allowed to call witnesses and present documentary evidence relevant to his defense unless the prison superintendent certifies in writing and with particularity that permitting such inmate to do so will be unduly hazardous to prison safety or security.

(e) Where the accused is functionally illiterate or where the complexity of the issue makes it unlikely that the inmate will be able adequately to collect and present the evidence in his case, the accused shall, in preparation of his defense to the disciplinary charges, be free to seek the assistance of a fellow inmate, or else be furnished adequate substitute assistance in the form of help from the penitentiary staff or from a sufficiently competent inmate designated by the staff.

492

*492 (f) As soon as practicable after the conclusion of the hearing, the disciplinary tribunal shall

make a written statement of fact setting forth the evidence relied upon and the reasons for the

disciplinary action taken. A copy of this written statement shall be made available to the inmate. In

the event that revelation of certain evidence upon which the disciplinary tribunal relies will endanger prison security or the safety of inmates or other personnel, such evidence may, with the express approval of the superintendent, be omitted from the written statement. In any case where such omission is deemed necessary by the disciplinary tribunal, the written statement shall contain the fact of the omission and the basis therefor."
This modification of the court's prior order of October 20, 1972, shall remain in effect until otherwise ordered; provided, however, that within 30 days from this date defendants shall submit more detailed procedures relating to inmate discipline, not inconsistent with this order, for the purpose of amplifying and implementing the requirements herein imposed.
In other respects, except as hereinabove modified dealing with the discipline of inmates, ¶ 7, this court's prior order shall remain in full force and effect.
The Clerk of this court shall serve a certified copy of this order, by mail, upon Jack K. Reed, Superintendent, Mississippi State Penitentiary, Charles Riddell, Chairman, Mississippi State Penitentiary Board, and A. F. Summer, Attorney General of the State of Mississippi.
This, 30th day of January, 1975.
(s) William C. Keady Chief Judge United States District Court
APPENDIX 3

REVISED MAIL REGULATIONS

The Mail Regulations contained in Article 4 of the Mississippi State Penitentiary Rules and Regulations are hereby superseded by the following procedures. These procedures shall remain in effect pending full revision and publication of the new Mississippi State Penitentiary Rules and Regulations Handbook.

1. POLICY REGARDING MAIL. It is considered essential to the eventual resocialization of the inmates that they maintain contact with their families and desirable friends through use of the mail. Therefore, inmates are encouraged to make use of the mail, and every means compatible with security is provided for them to do so.

2. DEFINITIONS. For the intent of this directive, the following definitions apply wherever the word censor, censorship, or inspection of the mail appears.

a. MAIL CENSORSHIP. To open, read, and examine the mail in order to discover, forbid, deny or eliminate objectionable or perceptible expressions that advocate, suggest, or plan treacherous or criminal activities.

b. MAIL INSPECTION. To open, and inspect, but not read, mail to detect money, drugs, liquor, weapons, and other tangible material expressly prohibited by state and federal laws or in violation of penitentiary rules.

3. PRIVILEGED MAIL. Mail addressed to or received from any of the following will be considered privileged mail and will not be opened, delayed or otherwise interfered with except as specifically set forth hereafter in this paragraph.

a. Officials of the federal, state and local courts;

b. All federal officials, including the President of the United States, any Senator, or Congressman,

and officials of any United States Department or Agency, with the exception of the Internal

Revenue Service; and all state officials including the Governor, members of the State Senate and

493

House of Representatives, and officials *493 of any state department or agency;

c. All members and employees of the State Probation and Parole Board; and

d. The inmate's attorney(s). For the purpose of these regulations, this includes any attorney representing the inmate in any pending or contemplated action 0907civil or criminal in 0907 any duly constituted local, state or federal court, or any attorney that the inmate is attempting to retain for such purpose. It also includes any attorney whom the inmate has retained or contacted, or is attempting to retain or contact, for legal advice concerning any other civil or criminal matter. The term attorney also includes any legal services organization providing legal assistance through employee-attorneys.
In order to assist in identifying outgoing privileged mail, inmates are requested to mark mail addressed to any person, department or agency included in categories "a", "b", or "c" with the words PRIVILEGED MAIL; inmates shall mark any mail including in category "d" with the words LEGAL CORRESPONDENCE, but this marking shall not be placed on any letter not addressed to any attorney. Mail marked LEGAL CORRESPONDENCE will be checked against a current attorney register that lists all attorneys practicing in the United States and in particular the State of Mississippi. If the name of the addressee attorney is not listed in such a register, the letter will not be dispatched until it is determined whether the addressee is or is not an attorney. This verification process will be initiated and completed within 24 hours, barring unusual circumstances. Mail so marked, but determined not to be entitled to LEGAL CORRESPONDENCE status, shall be deemed to present reasonable grounds for suspecting that the communication is an attempt to formulate, devise, or otherwise effectuate a plan to escape from the penitentiary, or to violate penitentiary regulations or the laws of the State of Mississippi or the United States, and such a letter may be opened, inspected and read in the presence of the sender by a representative of the Superintendent designated for this purpose.
Incoming privileged mail will be delivered to the inmate addressee unopened, except as indicated below. Where it appears from external manipulation, fluoroscopy, etc., that there are enclosures contained in the letter, it may be opened in the presence of the inmate and the nature of the enclosures ascertained. Whenever penitentiary officials have reasonable grounds to suspect the authenticity of any incoming letter which purports on its face to be within the privileged mail category, such letter may be delayed pending verification, which shall be initiated and completed as quickly as possible. Mail determined not to be from the official, department, agency or attorney shown in the return address may be opened, inspected and read in the presence of the inmate. Whenever penitentiary officials have reasonable grounds to suspect that the incoming letter is part of an attempt to formulate, devise, or otherwise effectuate a plan to escape from the penitentiary, or to violate penitentiary regulations or the laws of the State of Mississippi or of the United States, such mail may be opened and inspected, and, if necessary, read in the presence of the inmate addressee; provided, however, that a record shall be made and retained showing the basis for suspecting the existence of the aforementioned activities. Whenever incoming mail which purports on its face to be privileged mail is opened and inspected, or opened, inspected and read pursuant to this paragraph, it shall be done only by a representative of the Superintendent designated for this purpose, and a record shall be made of such opening, etc., which shall include the reasons therefor.
4. NONPRIVILEGED OUTGOING MAIL. All such outgoing mail to any addressee, except to another inmate of 494 this penitentiary, will not be interfered with except to open, inspect, and read in *494 the presence of the inmate
where penitentiary officials have reasonable grounds to suspect that the letter is an attempt to formulate, devise, or otherwise effectuate a plan to escape from the penitentiary, or to violate penitentiary regulations or the laws of the State of Mississippi or of the United States. A record shall be made and retained showing the basis for suspecting the existence of the aforementioned activities. Inmate mail addressed to another inmate of this penitentiary will be subject to inspection and censoring at the central mail office, by a designated representative of the Superintendent.
Outgoing commercial mail will be stamped MISSISSIPPI STATE PENITENTIARY prior to dispatch.
Outgoing mail will be picked up daily from all camps by a designated security officer and delivered to the central mail office for processing and dispatch. Prior to pickup, each piece of outgoing mail will be screened by a camp security duty officer to insure that the transmitting envelope bears the proper, required return address that identifies the sender by name, MSP number, camp designation and Parchman, Mississippi 38738, as follows:

Mr. Joe Doe, #377702 Camp 8 Parchman, Mississippi 38738
Mail with improper return addresses will not be picked up or dispatched, but will be returned to the sender. Inmates must use their true name as it appears on their commitment order and their current MSP number in their return address.
5. NONPRIVILEGED INCOMING MAIL. All such incoming mail will be opened and inspected at the penitentiary central mail office by a designated representative of the Superintendent for money, drugs, weapons, liquor or other materials expressly prohibited by state or federal law, or in violation of penitentiary regulations. Such mail will be processed as follows:
a. Letters. Letters will be slit open along the top seam of the enevelope and inspected for contents. Upon completion of inspection, the letter will be resealed in its envelope by a staple and the enveloped stamped "MISSISSIPPI STATE PENITENTIARY" followed by the inspector's initial.
b. Letters Containing Funds. Letters containing funds will be processed in the same manner as above. The funds will be removed from the letter by the inspecting officer and transferred to the central accounting office where they will be deposited and credited to the inmate's account. A receipt for same will be placed in the letter for delivery to the inmate concerned.
c. Packages. Packages will ordinarily be delivered unopened to each camp where they will be opened in the presence of the inmate by the Camp Sergeant and inspected for contents and contraband. Such packages may, however, be opened at the penitentiary central mail office for inspection by a duly authorized representative of the penitentiary. Packages containing unusual items or items in excessive quantities will be impounded pending investigation. The inmate concerned will be given a receipt for the impounded property, and the package will be held in safekeeping pending investigation results. Funds found in packages will be removed by the inspecting officer and transferred to the central accounting office for deposit in the inmate's account.
d. Registered and Insured Mail. Registered and insured mail will be processed in the same manner as indicated above. Postal receipts for same will be accepted at the camp by the inmate concerned or by a member of the camp security staff. Completed postal receipts will be returned to the Parchman Postal Branch Office for filing and postal retention.
e. C.O.D. Mail. No. C.O.D. mail of any kind will be accepted for an inmate.
495 f. Private Mail Service. Mail or packages received for an inmate via private *495 services such as United Parcel Post Service will be processed in the same manner as mail received through the United States Postal Service.
g. Letters Provoking Emotional Problems. Letters containing material which would cause severe psychiatric or emotional disturbance may be disapproved for receipt. Disapproval of a letter on this basis may be done only by a member of the institution's psychiatric staff or psychiatric consultant after conference with the inmate's counselor. The staff member may disapprove the letter only upon finding that receipt of the information contained would be likely to adversely affect the penitentiary discipline or security, or the inmate's rehabilitation and that there is no reasonable alternative means of ameliorating the possible problem facing the inmate. When a letter of this nature is disapproved for receipt the Deputy Superintendent for Care and Custody will be made cognizant of the disapproval within 24 hours. He will review this action on a timely basis to ensure the disapproval action can be removed at the earliest possible time. When an inmate is prohibited from receiving the letter, the letter and a written and signed notice stating the reason for disapproval will be given to the sender from the Deputy Superintendent for Care and Custody.
h. Delivery and Dispatch. Incoming mail will be inspected, processed, and delivered to the camps and addressees on a timely basis consistent with its arrival at the penitentiary. Outgoing mail will be dispatched daily Monday through Saturday. There will be no undue delays.
6. MAIL LIMITATIONS. There shall be no restrictions placed on the number of letters or addressees to whom an inmate may write except those restrictions imposed by the Associate Superintendent of Custody. Before any such restrictions are placed, the Associate Superintendent of Custody will notify the inmate in writing explaining the

reason for the proposed restrictions, and giving him a reasonable opportunity to be heard. If such restrictions are imposed, a record shall be made and retained stating the basis of the action. Any such restriction shall, upon the inmate's request, be subject to review by the Superintendent.
7. NEWSPAPERS AND PERIODICALS. Inmates may subscribe to newspapers and periodicals provided they come directly from the publishers and are not overtly pornographic or in violation of state or federal laws. Publications such as "Playboy" and "Oui" are not considered pornographic. Questionable material will be submitted to the postal authorities for clarification.
8. LETTER WRITING. Letters may not be written after retirement, in any place, or at any time that will interfere with the inmate's work assignment or other duties.
9. MAIL ORDERS. Inmates may not order any books, records, tapes, or any other article of merchandise whatever on a "Charge" or "Pay Later" or "Free Trial" basis. Inmates may order such articles, to include art and craft materials, only when payment in full accompanies the order. Draw requests for these purchases will be made to the central accounting office and a check drawn against the requesting inmate's account will be effected and included with the order. Inmate mail addressed to known mail order houses or concerns will be subject to inspection to insure this regulation is being complied with.
10. RECEIPT OF FUNDS. Funds may be received only through the mail by money order, certified check, or personal check. With the exception of Federal or State issued checks, money orders and checks must be made payable to the Mississippi State Penitentiary for the inmate payee (Inmate name and MSP number). Checks and money orders should indicate the true name of the inmate as it appears on the commitment order, and the most 496 current assigned MSP number. Cash received in the mail and improperly made checks *496 and money orders will be returned to the sender. To expedite funding, it is recommended that funds be mailed directly to the Mississippi State Penitentiary, Bookkeeping Department, Post Office Box 500, Parchman, Mississippi 38738. All funds arriving through the mail must be deposited into the inmate's account and under no circumstances given directly to the inmate. Inmates receiving unusually frequent or large sums of money, with the exception of pension checks, will be subject to mail censorship until the funding source has been ascertained.
11. CONTRABAND. Contraband found in the mail will be confiscated and appropriate action taken in respect to the removed material. The inmate concerned will be notified in writing of any contraband removed from his mail and the reason therefor. Contraband shall be defined as those items or materials listed in paragraph 5 above.
12. MISUSES OF MAIL. When an inmate receives mail containing contraband, or openly becomes involved in schemes fraudulently using the mail for personal gain, such as fraudulent mail order purchases, or when reasonable belief exists through tangible evidence that his or her correspondence will fall into any one of the following categories, that inmate's mail will be subject to reading and censoring in accordance with the following criteria. (Reference: Supreme Court decision April 29, 1974). If censoring is imposed, a record shall be made and retained showing the basis for censorship. The imposition shall be reviewed at least every 30 days by the Associate Superintendent of Custody to evaluate the necessity for continuing the censorship requirement.
a. Outgoing Letters. Outgoing letters may be disapproved for mail only if the outgoing letter falls as a whole or in part into any of the following categories:
(1) The letter contains threats of physical harm against any person or threats of criminal activity.
(2) The letter threatens blackmail or extortion.
(3) The letter concerns sending contraband in or out of the institution.
(4) The letter concerns plans to escape.
(5) The letter concerns plans for activities in violation of institutional rules.
(6) The letter concerns plans for criminal activity.
(7) The letter is in code or the contents cannot be understood by the reader.

(8) The letter solicits gifts of goods or money from other than family.

(9) The letter is obscene.

(10) The letter contains information which if communicated would create a clear and present danger of violence and physical harm to a human being.

b. Incoming Letters. Incoming letters to inmates may be disapproved for receipt only for the foregoing reasons.

c. Outgoing or incoming letters may not be rejected solely upon the grounds that they contain criticism of the institution or its staff members.

d. Notice of Disapproval of Inmate Mail.

(1) When an inmate is prohibited from sending a letter, the letter and a written and signed notice stating the authorized reason(s) for disapproval and indicating the portion or portions of the letter causing disapproval will forthwith be given the inmate; and the inmate shall within 72 hours after receipt of such notice be given an opportunity to respond to the reason(s) assigned for the prohibition.

497

(2) When an inmate is prohibited from receiving a letter, the letter *497 and a written and signed

notice stating the authorized reason(s) for disapproval and indicating the portion or portions of the

letter causing disapproval will be given the sender. The inmate will be given notice in writing that a

letter has been rejected, indicating the authorized reason(s) and the sender's name. The inmate

shall within 72 hours after receipt of such notice be given an opportunity to respond to the reason

(s) assigned for the prohibition.

(3) Material from outgoing correspondence which violates the provisions of paragraph 9 and/or 12a may be placed in an inmate's file and be the basis for appropriate disciplinary action. Other material from incoming and outgoing correspondence may not be placed in an inmate's file until it has been properly reviewed by the cognizant department head having jurisdiction over the area concerned and it is determined that the material could affect the penitentiary discipline, security, or the inmate's rehabilitation or suggests participation in criminal activity. Entries will be annotated by the department head detailing the reason for the entry bearing in mind the inmate has no physical control over the contents of mail sent to him. Accordingly, the receipt of objectionable material will not be entered into the inmate's file in such a manner that it unjustly affects the inmate's record in an adverse manner. The inmate will be notified in writing of the placing of any material from correspondence in his or her file.

13. Administrative review of inmate grievances regarding the application of rules contained in this procedure may be had in accordance with current grievance policies.

14. It is mandatory that all information learned or realized through the inspecting or censoring of inmate mail be kept on a confidential official basis and only be divulged to those with a definite need to know. Under no circumstances will information learned or realized be used as a medium of idle gossip, slander, or defamation of the inmate or his correspondent.

[1] Gates v. Collier, 349 F.Supp. 881 (N.D.Miss.1972), aff'd 501 F.2d 1291 (5 Cir. 1974).
[2] By our prior order, incoming inmate mail of a non-privileged character could be opened only in the presence of the inmate addressee. 349 F.Supp. at 898-99. The prison's experience with this mandate was that, in order for incoming mail to be opened in the inmate's presence, the mail had to be transported, unopened, to each of the 20 widely-scattered residential units. Once there, the mail was subjected to varying and often cursory inspections by the individual camp sergeants.
Under the procedure, uniformly bad results were obtained. Merchandise which had been fraudulently ordered on credit by inmates was often not intercepted; "tax refund" checks honoring bogus claims, cash in large amounts,

drugs, and other contraband materials flowed through the mails uninterrupted. Other laxities in mail inspection cropped up, to plague the institution and the public at large.
We thus concluded that, in a prison setting such as Parchman, mail inspection at a central point, by trained officers applying uniform standards, was an institutional necessity. Clearly, since inmate presence each day at a central location would be a physical and disciplinary impossibility, this inspection would have to be carried out in the absence of the inmate addressee.
[3] Factors affecting increase of the inmate population include the reduced number of parolees granted parole in recent months by the state parole board, a limited number of inmates released on the relatively new work release program, which is subject to restrictions from local county officials, (see Miss. Code Ann. § 47-5-165), and a statutorily controlled "good time" credit policy (see § 47-5-139).
[4] The medical staff presently numbers 18, with 4 nurses, 7 physician's assistants, and medical records personnel, as well as 2 dentists. Further, the penitentiary contracts with nearby towns for other medical services, and in more serious cases utilizes the facilities of the University of Mississippi Medical Center in Jackson, 120 miles away. In emergencies, nearby civilian hospitals are resorted to.
[5] As brought out in oral argument by government counsel, defendants, in case of any doubt or question as to the scope or application of the order, were expressly provided an opportunity to submit to the court for clarification a written inquiry by the state's Attorney General or a member of his staff. 349 F.Supp. at 904. The state's failure to seek clarification in this instance is as regrettable as it is inexcusable.
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 </s> 525 F.2d 965 (1976)
Nazareth GATES et al., Plaintiffs-Appellants, and United States of America, PlaintiffIntervenor, v.
John COLLIER et al., Defendants-Appellees.
No. 75-2397.
United States Court of Appeals, Fifth Circuit.
January 8, 1976.
Roy S. Haber, Boulder, Colo., Herman Wilson, David Lipman, Jackson, Miss., for plaintiffs-appellants.
Roger Googe, James M. Ward, Asst. Attys. Gen., A. F. Summer, Atty. Gen., Jackson, Miss., for defendantsappellees.
Shawn Moore, Paul S. Lawrence, Dept. of Justice, Civil Rights Div., Washington, D. C., for the United States.
Before COLEMAN, CLARK and INGRAHAM, Circuit Judges.
PER CURIAM:
This appeal is taken from the district court's refusal to modify its prior injunctive order in response to allegations of racial discrimination toward inmates in the employment and training of personnel at the Mississippi State Penitentiary; and from the modification of the prisoner mail regulation contained in the prior order which plaintiffs asserted was modified in a manner which violates the ruling of Procunier v. Martinez, 416 U.S. 396, 94 S.Ct. 1800, 40 L.Ed.2d 224 (1974). The district court rendered a full opinion explicating its reasoning, Gates v. Collier, 390 F.Supp. 482 (N.D., Miss., 1975).
966 *966 We find no abuse of the broad discretion vested in the trial court to consider revision of an ongoing injunctive decree. On the reported opinion of the district court, supra, its judgment is
Affirmed.
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 </s> 423 F.Supp. 732 (1976)
Nazareth GATES et al., Plaintiffs, v.
John COLLIER et al., Defendants.
No. GC 71-6-K.
United States District Court, N. D. Mississippi, Greenville Division.
November 19, 1976.
733 *733 Ronald Welch, Jackson, Miss., Shawn F. Moore, Justice Dept., Washington, D.C., for plaintiffs.
Roger Googe, Asst. Atty. Gen., Jackson, Miss., for defendants.
MEMORANDUM OPINION
KEADY, Chief Judge.
In supplemental proceedings since October 31, 1975, the date of our last substantive decision dealing with the Mississippi State Penitentiary, Gates v. Collier, 407 F.Supp. 1117 (N.D.Miss.1975), this court has issued a series of orders and conducted several hearings addressed primarily to (a) establishing a timetable for eliminating inmate housing units unfit for human habitation and constitutionally condemned, and (b) mandating a ceiling on inmate population of the remaining housing units to avoid constitutionally intolerable overcrowding of inmates.
On June 7, 1976, this court, taking judicial notice of statutes passed by the Mississippi Legislature at the 1976 Regular Session,[1] deemed it to be in the interest of justice to proceed forthwith to issue supplemental orders and provide instructions designed to carry out this court's mandate of August 7, 1975.[2] This action was taken by us despite an appeal prosecuted to the Fifth Circuit by counsel for the prison inmates and United States Department of Justice from the August 7, 1975 order because of dissatisfaction with our action in not earlier closing the six designated camps. The defendants[3] were directed to prepare and submit a plan of implementing the court's August 7, 1975 order taking into account the closing of Camps 4 and B as of July 1, 1976,[4] as well as the January 1, 1977 closing of Camps 10B and 11, and providing for the establishment of an inmate population to be accorded 50 square feet of living space per inmate by January 1, 1977. Defendants' plans for population reduction were ordered to be filed not later than July 9, 1976, with copies served upon counsel opposite, who were permitted to file objections to such plans.[5]
734 *734 By their plan defendants represented that the allowable population based on the 50 square foot formula would be 2214, as of January 1, 1977.[6] Defendants' projected total inmate population as of January 1, was to be 2619, taking into account the current rate of increase of 20 new inmates per month in excess of those discharged. By their plan defendants estimated that 400 inmates would be discharged under the "early release" program authorized by § 79 of the Mississippi Corrections Act of 1976, with inmates to be processed for such release at the rate of 25 in July, 100 in August, 150 in September, 75 in October, and 25 in November. The plan did forecast that variables might result during the last half of the calendar year as the result of "proposed variance such as interview rate of the releasees during the gearing up months of July and August, 1976." The plan emphasized that the early releasees would not include the number to be released on work release or on regular parole, and anticipated that these methods of reduction, plus reduced intake due to nonincarcerating-type sentences, would by January 1, 1977, bring the projected population to 2129, or well within the allowable maximum. Counsel for plaintiffs and the Department of Justice vigorously contested the projections.

AUGUST 16 HEARING
The uncontradicted testimony was that on July 15, two new 162-man housing units opened to provide a total of 324 bed spaces; by July 31, 1976, Camps 4 and B were closed, deleting 302 bed spaces, yielding a net gain of 22 bed spaces. During August, a new medium security facility was completed providing 192 bed spaces for single-cell occupancy. The new reception center, formerly the women's camp, was renovated and practically ready for occupancy, thus providing 105 bed spaces, but this will be more than offset by the closing of Camps 10B and 11 with the elimination of 297 beds. However, it is significant that about to be started with appropriated available funds and completed construction scheduled for March 1977 are two new medium security units, already designated as Camps 25 and 26, which will add 384 additional beds.[7]
It should be noted that the State Legislature in 1976 did appropriate three and one-half million dollars for the construction of a new medical-dental facility, thus endeavoring to correct a gross constitutional shortcoming. Bids for this facility are to be received from contractors this fall with the construction time, of course, extending over a period of many months.
Dr. MacDougall, in explanation of the population reduction plan, testified that in addition to the work release program, parole program, and the early release program, alternative plans under consideration would be (a) to 735 vest the Commissioner of Corrections with the decision-making power on work release instead of the Parole *735 Board, (b) to place inmates in county jails around the state, if necessary, since he had ascertained that more than 450 beds were so available, and (c) the use of the Governor's power to suspend sentences. In MacDougall's view, the last three mentioned alternatives were regarded as "cushions" to fall back on only if problems were encountered with the functioning of the other portions of the reduction program. (Tr. 14).
MacDougall, whose credentials as an experienced correctional official in the States of Georgia, South Carolina, and Connecticut are of the highest order, testified that he had also met with approximately 20 state circuit judges and some 15 to 20 district attorneys to explain to them "problems at Parchman that we face, not only the physical plant, but the general conditions there, but also of the mandate to meet the court's order by January 1 of 1977. And in enlisting their support and aid in helping me meet that order and to look at how we could have a better system in the future." (Tr. 23). MacDougall emphasized the importance of presentence investigation reports prepared by qualified investigators and timely made available to the sentencing judges as an aid for ameliorating the overcrowded conditions at Parchman. He based this, concededly, on the assumption that some institutional sentences might be shortened, and probation and noninstitutional sentences more generously used by state judges having access to more comprehensive information about the offender at the time of sentencing.
On cross-examination, MacDougall acknowledged that under the work release program no inmate may be released in any county in Mississippi until the county sheriff and senior circuit judge have been notified in writing 30 days prior to release, in which event objection from those officials or district attorney would block the release to that county. Section 77, Mississippi Corrections Act. It was also undisputed that available county jail bed spaces could be used by the Corrections Department as a place for confining convicted felons only upon the Commissioner's first obtaining consent of the local jail authorities and fully reimbursing them for all costs incurred by such confinement. Section 74, Mississippi Corrections Act.
MacDougall testified that the information which had been developed at the penitentiary revealed that 730 offenders were entitled to receive a one-year reduction in eligibility for parole, and thus qualify for release under the "early release program" but he had to acknowledge that under the new Act the Parole Board, and not he, decides who may be released under the early release program. Section 80 of the new Act explicitly provides that the State Parole Board "shall have exclusive responsibility for the granting of parole" of any type. The official also acknowledged that only 46 probation and parole officers are presently employed by the Corrections Department, and they have supervision responsibility through parole or probation of 2400 people. The average caseload for such an officer might vary, he opined, from 35 to 130 (Tr. 43-44), but he was hopeful of receiving funds with which to begin a program of volunteer probation officers.[8]

Dr. MacDougall candidly stated that dormitory-type facilities at a penal institution were undesirable in that they posed problems of dangers to inmate assaults by inmates as well as to staff. He was quite frank to say, in answer to the court's question, that with the housing presently existing at Parchman, there was inadequate civilian 736 security personnel to maintain order in these dormitories. He was of the opinion *736 that to properly do so, "it would require that we have officers assigned to each dormitory, especially during the hours that the inmates are in there. At this point we don't have enough officers to maintain that kind of security in these facilities, . . . we will usually have one or two officers on duty in the halls in the evening hours. The optimum is that we would have one officer in the hall and one in each dormitory in each facility." (Tr. 64-65) (Emphasis added).[9]
As regards the early release program, identifying inmates potentially subject to such early release, prison officials had screened 730 inmates to determine that 100 would have jobs upon release. No inmates, however, were released in July on early release, contrary to the defendants' original projection of 25. The penitentiary officials recommended 41 to the Parole Board at its August 13 meeting. Of that number, the Parole Board in August saw fit to grant early releases to 22, in contrast to MacDougall's expectation of 100 for that month. It did appear, however, that prison officials had processed an additional 30 inmates for early consideration by the Parole Board at its next meeting.
These facts caused the court, in an informal bench ruling (Tr. 166-170, 171-172) to express considerable doubt that defendants' plan, though commendable in many respects, might be realistically expected to attain its yearend goal. It had achieved small success during the months of July and August. The court nevertheless recognized that the early release program and other efforts to educate the authorities, some of whom were only recently appointed to their official positions, to the necessity of reducing unconstitutional overcrowding was in its initial stage of implementation, and that additional time would not only allow the court to make a better judgment of the situation but provide the Department of Corrections, including the Parole Board, further opportunity to develop effective procedures to bring the inmate population figures into harmony with the orders of this court and consistent with constitutional housing now existing or to be hereafter built at Parchman.
Our conclusion was, therefore, to defer action in view of expectations of prison officials that by October 1, 275 inmates should or might be accorded early release over and above those subject to work release or subject to regular parole, in which case a great part of the overpopulation problem would be resolved. Should that eventuality not come to pass, overcrowding would continue to exist, with less time to accomplish population reduction to constitutional levels by January 1, 1977. Uncertain that defendants' goals could be achieved, the court declined to enter a definitive judgment prior to October 1976, thus permitting defendants to go forward with all available resources, to accomplish a greater measure of prison depopulation through all lawful means. We thereupon recessed the evidentiary hearing until October 4, and directed that further evidence be then taken on the overcrowding problem, as well as on recent motions by plaintiff-inmates and by the Department of Justice to 737 increase the number of camps that should be declared unfit for human habitation and to *737 accelerate the date of their closing. This latter aspect of their motion is, to some extent, a restatement of the issues on their appeal pending in the Fifth Circuit.
OCTOBER 4 HEARING
At this second hearing the court received evidence in two aspects. The first was an amplification or update of progress by defendants toward reducing inmate overcrowding by January 1, 1977. The second part of the hearing dealt with the present condition of certain inmate housing camps which were the subject of elimination and early closing sought by the motions of the plaintiff-inmates and the Department of Justice.
(a) Overcrowding.
With respect to progress as to reducing inmate population attained by October 1, Dr. MacDougall again appeared as the only witness for the State. His testimony was based on more sanguine data than his original August projections. He first established that inmate population had declined monthly from July 1 to October 3, resulting in a net reduction of 139 (Tr. 44). This reduction was achieved as follows:

a. Work release: July August September October

24

7

26

2

59

___

b. Regular parole: July August September

106

93

37

236

___

c. Early release:

July

0

August

22

September

48

70

365

___

___

MacDougall's prognosis was that between October 3 and January 1, 1977, he "anticipated" 300 additional inmates will be considered and processed for parole, and of this figure 211 will make parole (Tr. 46).

Against MacDougall's actual calculations to date, the court notes that the prison population on June 1, 1976, was 2,479. Between June 1 and October, releases through work release, regular parole, early parole, and discharged upon expiration of sentence exceeded new commitments and parole revocations by 127, resulting in a net inmate population of 2,352 on October 3. However, between October 3 and November 7, the inmate population had a net increase of 5, resulting in a total inmate population of 2357. The total inmate population, then, was reduced by 122 from June 1, 1976 to November 7, 1976 0907 a five-month period. To meet the January 1, 1977 allowable population of 2214, corrections officials must further reduce the population by 143 inmates over only a six-week period. (See Daily Movement Sheet dated November 7, 1976). It thus becomes apparent that MacDougall's anticipation that additional inmates in some number were being processed and were in various stages of release, either on work release or on regular or early parole, during the months of October, November and December, or prior to the January 1, 1977 deadline, remains largely a matter of speculation. This is necessarily so, since the final decision in all cases for release or parole is the exclusive responsibility of the Parole Board. That Board, in addition to requiring an inmate to have a job upon being granted work release and requiring approval of local authorities of the county of release, utilizes discretionary criteria, independent of the Commissioner of Corrections, for granting favorable consideration for inmate parole of any fashion. Also, MacDougall's estimate that there would be an average of 20 inmates per month less entering the prison due to increased use of diversion techniques by sentencing judges, presumably through greater use of probation, suspended sentences, fines and other noninstitutional sentences, also was based on surmise.

Dr. MacDougall expressed optimism that the court-ordered mandate could be achieved in time to avoid resorting to extraordinary measures, though he did acknowledge that his appointment as Commissioner of the State Department of Corrections would soon end, that he would resume professional work in another state after 738 endeavoring to secure qualified correction personnel to recommend to the Board of *738 Corrections and the Governor for the positions of Commissioner of Corrections, Deputy Commissioners, as well as for Warden of the Parchman penitentiary. MacDougall's population summaries based on experience during his three months of contact with Mississippi's prison, and his projections for October, November and December were tabulated and offered in evidence. (D. Ex. 1). The vital part of that exhibit (page 3) which the court adopts as not only accurate but of basic legal significance to Parchman's future, relates to three pertinent categories:

ACTUAL CAPACITY

COURT ORDERED CAPACITY

10/1/76

1/1/77

CAMP 1 2 3
K-9 4 5 6 7 8 9
10 10 ext. 11 12 20 FRONT 22 23 24 HOSPITAL BEEF UNIT MAX. SEC. WOMEN WOM. PRE. FIRE HOUSE FAM REHAB. REC. CENTER

139 103
55 10 168 127 120 100 134 76 100 92 91 100 100 40 162 162 192 50 21 52 72
8 10
8 not completed _____ 2292

139 103
55 10 168 127 120 100 134 76 100 closed closed 100 100 40 162 162 192 50 21 52 72
8 6 omitted 156 _____ 2253

In answer to the court's question, Dr. MacDougall stated that there was minimum time lag between recommendations by the penitentiary officials of inmates for parole and consideration by the Parole Board. He explained that the procedure is first to have an inmate, otherwise eligible, seen by a psychologist or psychiatrist for evaluation, evaluated by the prison staff on the basis of his record and other pertinent data (employment always being required for a work releasee), and for the inmate to be submitted to the Parole Board; that the Parole Board, newly organized since July 1, 1976, met twice in July, 4 times in August and 6 times in September and an unspecified number of times in October. On cross-examination MacDougall explained that processing of an inmate, whether on work release or parole, denoted that all conditions had been satisfied both by prison officials and the Parole Board, subject only to the finding of employment for those to be accorded work release and also subject to the objection on the part of local authorities of the counties to which the parolees or work releasees might intend to go (Tr. 59-63).

(b) Inmate Housing.

By motion for supplemental relief, the Justice Department asks the court to supplement its previous orders to advance the date of closing for Camp 8 from July 1, 1977, and to order the immediate closing of Camps 5 and 6 due to the egregious conditions found to exist in them. The private plaintiffs not only seek to advance the closing 739 dates for Camp 8, but also Camps 10B *739 and 11 already ordered to be closed January 1, 1977. Plaintiffinmates further seek an order directing the closing of all dormitory-type camps that do not meet constitutional standards, specifically Camps 5, 6 and 8, as well as Camps 1 and 2.

A brief summary of our prior orders and findings relating to the constitutionality of the housing units at Parchman should be set out before proceeding to dispose of this aspect of the case. In our original opinion, Gates v. Collier, 349 F.Supp. 881 (N.D.Miss. 1972), aff'd 501 F.2d 1291 (5 Cir. 1974), we found that the housing units at Parchman, in general, were unfit for human habitation under any modern concept of decency, finding that most housing units were woefully inadequate and far below minimum standard requirements for buildings to be used for inmate housing. Finding that housing inmates under such conditions deprived the inmates of their constitutionally-protected right to adequate provision for their physical health and well being, we enjoined defendants to make those improvements and expenditures for installation and renovation of living quarters which were specified by the Mississippi Joint Legislative Committee report on the Mississippi State Penitentiary. On December 13, 1974, the private plaintiffs, dissatisfied with progress in the housing conditions, moved for further relief. In January 1975, the court took evidence on this motion and found that, as in 1972, many, if not most, of the old housing units remained in an appalling and deplorable condition unfit for human habitation. To remedy these constitutionally impermissible conditions, defendants were on February 3, 1975, ordered, inter alia, to establish a timetable for elimination of those camps unfit for human habitation. After consideration of the defendants' plan then submitted and plaintiffs' objections thereto, the court, on August 7, 1975, after noting that some renovation work had been performed on some of the older camps, nevertheless found that unconstitutional conditions persisted and established the following timetable for closing six of the old camps: Camps B and 4 by July 1, 1976, Camps 10B (old Camp 10) and 11 by January 1, 1977, and Camps 8 and 9 no later than July 1, 1977. The court expressly reserved the ordering of the closing of other housing units which were permitted to remain unfit for human occupancy.
Evidence was submitted on the issues raised as to the closing of additional housing units as requested in plaintiff-intervenor's motion for supplemental relief, and joined in by plaintiff-inmates. The testimony and evidentiary materials then submitted in support of the motion were primarily directed at Camps 5, 6 and 8. Significant testimony as to the present condition of those three units was given by Theodore James Gordon, Chief of the Institutional Hygiene Division of the Bureau of Occupation and Institutional Hygiene for the District of Columbia Environmental Health Administration. MacDougall acknowledged that he publicly stated upon his arrival in Mississippi that the Parchman facilities (i. e., the old housing units) were in the "worst physical condition" of any prison he had ever seen (Oct. 4 hearing, Tr. 74). MacDougall caused the Board of Corrections to employ Rosser, White, Hobbs, Davidson, McClellan & Kelly, Inc., an Atlanta engineering firm specializing in penal facilities to evaluate Parchman's physical structures and make report thereon. In this manner the Rosser report was made available, providing certain data on inmate housing conditions at Parchman. In addition, the State Fire Marshal, at the court's request, prepared a report on general conditions, with special emphasis on fire safety hazards in Camps 5, 6 and 8. A previous survey of the housing units by Brewer & Godbold of Clarksdale, Mississippi, submitted by defendants in support of their 1975 plan filed with the court, likewise contains information pertinent to the supplemental relief requested as to Camps 5, 6 and 8. It was the Brewer report upon which the court primarily relied in its initial order for determining the priority of housing units to be closed for human occupancy.
The Rosser report indicated that the physical deficiencies present in Camps 5, 6 and 8 are shared with most, if 740 not all, of the *740 older housing units at Parchman. It was reported that Camps 5, 6 and 8 continue to suffer
from gross deficiencies which result in the buildings' failure to conform to any minimum standards for inmate housing. Some deficiencies noted in the Rosser report were designated as "urgent items", i. e., items which must be corrected to avoid inmate illness or loss of life. These urgent items included use of unvented open-flame heating systems, inappropriate for use in installations of this type, lack of water heater gas vents and lack of water heater pressure relief valves designed to prevent explosion of the heater in event of burner control malfunction, dangerous electrical wiring presenting shock and fire hazards, cross-connections between potable, or domestic, water and waste water, which could allow raw sewage to enter the domestic water supply, threatening inmate health, and the discharge of raw sewage matter in open ditches or into septic tanks that allow raw sewage to pool and stand. Other serious deficiencies noted by the Rosser report common to these three camps which required corrective work to bring the units up to minimum standards included lack of toilet area ventilation, contributing to propagation and growth of airborne biological organisms and a generally unhealthy environment, inadequate living area ventilation, and exposed concrete floors so cracked and worn as to encourage the growth of bacteria and other organisms from the accumulation of particles of food and other waste

in the cracks and worn floor surfaces. The condition of these floors also provides an excellent medium for the spread of contagious diseases and also encourages insect and vermin infestation.
As to the general condition of Camps 5, 6, and 8, the Rosser report found that all required extensive repair, all had improperly sealed windows and doors permitting excessive air and water infiltration, and inadequate lighting. Toilet rooms and fixtures were in poor condition, and the ceilings throughout these buildings need to be either totally replaced or extensively repaired.
The State Fire Marshal's report contains findings which corroborate the Rosser report. As to the general structural condition of Camps 5, 6 and 8, the Fire Marshal found noticeable deterioration to the wooden portions of all structures, including the window and door units, and also noticeable deterioration of ceiling areas, attic areas and composition shingle roofing. In Camp 5, the Fire Marshal found several fire safety hazards, including conditions caused by the deplorable electrical system, and a lack of proper valves on gas appliances. He found similar safety hazards in Camps 6 and 8. Additionally, in Camp 6 the Fire Marshal found a 250-gallon propane tank situated adjacent to the building and on the bare ground, in violation of applicable codes. This gas tank also was fitted with an improper regulator, and supplied gas into the camp by means of an exposed copper tube running through a window, presenting the obvious danger of a break in the line.
Theodore James Gordon's testimony was in general accord with both the Rosser report and the Fire Marshal's report. In addition, Gordon testified that on his survey he found Camp 8 to have roach infestation, and a serious problem with house flies. When first visiting Camp 8, he noted that many plumbing fixtures were inoperative, and were full of human excrement. This environmental expert testified that the food service facilities in Camp 8 as well as in Camps 5 and 6 were unsanitary from the standpoint of basic cleanliness and maintenance, especially as to food contact surfaces and the location of storage of common eating and drinking utensils. The food service conditions, according to Gordon, had an obvious potential for causing the occurrence of food-borne diseases.
As to Camp 6, Gordon testified that he found evidence of rat and fly infestation caused by poor handling of garbage, including the use of large open trash cans and the presence of garbage scattered around the dumpster located near the camp. A problem noted by Gordon as to Camp 5 not already covered above was the presence of 741 a large stagnant pool located near this *741 camp, which produced a breeding ground for mosquitos.
On the basis of his survey, Gordon unequivocally testified that Camps 5, 6 and 8 failed to meet any minimum health environmental standards for inmate housing, and should without doubt be closed.
The defendants sought to dispute certain statements made by Gordon, and offered photographs depicting the relative cleanliness of toilet areas and other improvements which, according to Gordon, had been rectified between his August and October 1976 visits. The court also received photographs of the new structures provided for the first offenders camp, the new medium security unit, the firehouse, water tower, and other facilities which graphically reflected modernization of such facilities, which had been financed with state and federally provided funds.
(c) The Court's Inspection.
At the conclusion of the October 4 hearing, the court advised the parties it would delay ruling until receipt of the Rosser report by November 1 and would itself make a personal tour to inspect the present conditions prevailing at Camps 5, 6 and 8. This tour was made on October 7.
The court's own observation of Camps 5, 6 and 8 verified much of the testimony of Gordon and many of the findings set out in the Rosser report and the Fire Marshal's report. There was no evidence of any substantial or basic repairs, apart from installation of toilets and some kitchen equipment, having been made in recent years. In addition to the conditions already noted, the court on its tour of Camp 8 found filthy water standing in an open pipe chase in one of the bathrooms, and also found the refrigeration unit in the food storage cooler leaking water into the storage area, presumably causing the noticeable odor of rotting vegetables; and in Camp 6, the heater in one dormitory area was inoperative 0907 this could have gone unnoticed if the day had not been chilly.

On the cumulative data contained in the Brewer report, the Rosser report, the Fire Marshal's report, Gordon's testimony, and our observations, we have no difficulty in agreeing with Gordon's assessment of which camps should be marked for priority of closing 0907 Camp 8, by all odds, was the worst, its dilapidated condition having steadily worsened during the past year. Camp 6 easily qualifies for closing no later than Camp 8. Camp 5 should likewise no longer be used for human occupancy. Whether the Legislature may see fit to expend funds ($775,000) to renovate these three camps in an effort to upgrade them for temporary use, in line with constitutionally acceptable standards, it must not overlook the basic unsuitability of dormitory design because of inadequate protection for inmates and security personnel from inmate assaults.[10] The penologists who have testified in previous hearings, are in complete accord with MacDougall's assessment that open dormitory housing, particularly with bathroom and shower areas beyond the watchful eye of correctional guards, present special danger of serious inmate assaults from other inmates, as well as to staff.[11]
It would be a misreading of the Rosser report to conclude that an expenditure of $2,500,000 on all old housing units will render them acceptable even for temporary use, absent additional affirmative steps to provide reasonable protection to the inmates and staff from such hazards. The Rosser report does not address the 742 manner of accomplishing these additional steps, nor does it undertake to estimate the cost thereof *742 to comply with constitutional standards. The Rosser report, taken in its true perspective, poses to the Legislature as well as to the public the wisdom of making substantial expenditures on any of the older housing units, including those not presently ordered to be closed, in the expectation that any of them may long remain usable for housing of inmates classified as gunmen.[12] The basic problem yet to be addressed by the Legislature is whether to incur expenditures of large sums of State money, without LEAA contribution for additional inmate housing at the Parchman facility, or whether to disburse certain portions of the penitentiary population, such as the women's camp or the first offenders' camp or other specialized groups, to locations elsewhere than Parchman, in the hope of gaining maximum financial assistance from LEAA to construct the inevitably necessary new inmate housing, if, as seems likely, the overall size of the incarcerated population will continue to increase.
(d) Maintenance of Housing Facilities.
The court has, in various prior evidentiary hearings, heard testimony of the accumulation of filth, debris, raw sewage, waste water, contaminated food service and other factors adversely affecting environmental health, the severity of which has varied from camp to camp. Often it has seemed that certain camps, which are primarily supervised by camp sergeants, were far more poorly maintained in these areas than other camps. We are convinced from Gordon's testimony (Oct. 4, Tr. 183-189) that the lack of minimum standards for environmental health service and a uniform maintenance program contribute greatly to the breeding of unsanitary, indecent and intolerable conditions of unhealthiness which are of constitutional significance. The key to an adequate and decent maintenance program, avoiding imminent danger to inmate health, is the availability of supplies and close supervision by the correctional authorities. In this respect, Gordon testified that the maintenance policy at Parchman was "a problem" because of shortage of staff, with maintenance people using inmate labor as best they could to maintain the physical facilities. Gordon ascertained there was no written preventive maintenance program, i. e., no written housekeeping schedule establishing routine maintenance for each of the housing units designating who should do specified tasks, when and how often they should be done, and fixing supervisory responsibility. The following colloquy appears between the court and Gordon (Tr. 90):
Q. All right, did you get the impression that housekeeping was left up to the sergeants of each camp?
A. No, your Honor, I was left with the impression that housekeeping was left up to the inmates as best they could make it.
It is unnecessary to detail the instances of poor maintenance grossly detrimental to environmental health which Gordon, as well as other witnesses at prior hearings, found not only at the camps ordered to be closed but at many of the other housing units not presently under critical review.

LEGAL PRINCIPLES
We restate settled principles of federal jurisprudence, i. e., that constitutional treatment of human beings confined to penal institutions is not dependent upon the willingness or the financial ability of the State to provide decent penitentiaries. A federal court may not withhold its equitable powers indefinitely to allow the State to decide upon a corrections program which may encompass a dispersion of certain classes of offenders to different locations, thus gaining substantial LEAA assistance, or, in the alternative, to use its own resources to overcome decades of 743 official neglect and public apathy to bring the Parchman *743 facility, as the sole adult prison, into harmony with the United States Constitution. See Finney v. Arkansas Board of Corrections, 505 F.2d 194 (8 Cir. 1974); Wyatt v. Aderholt, 503 F.2d 1305 (5 Cir. 1974); Holt v. Sarver, 309 F.Supp. 362 (E.D. Ark.1970), aff'd 442 F.2d 304 (8 Cir. 1971).
We are persuaded by uncontradicted expert testimony that 50 square feet of living space per inmate is the minimal acceptable requirement to comport with the Constitution. No one takes issue with this basic requirement for human decency, and this court holds a failure to achieve that minimal standard contravenes the Eighth Amendment prohibiting cruel and unusual punishment.
After mature consideration, the court modifies its prior order of August 7, 1975, to mandate the closing of Camps 10B (old Camp 10) and 11 by January 1, 1977, and to accelerate the closing of Camp 8 to April 1, 1977, and further direct the closing of Camps 5 and 6, also on April 1, 1977. The court reaffirms the order closing Camp 9 by July 1, 1977. These closings will materially affect the maximum capacity as set forth below, allowing the housing of not more than 2141 inmates as of July 1, 1977, with distribution strictly limited by the 50-square foot principle affecting each of the camps then used for human occupancy:

Capacity as of January 1, 1977

2,214

Plus: New Camp 25 New Camp 26

192 192 _____

+ 384

Less: Camp 5 Camp 6 Camp 8

127

120

134

- 381

___

______

Total allowable capacity 4-1-77

2,217

Less: Camp 9 Total allowable capacity 7-1-77

- 76 _____ 2,141

A constituent part of this court's August 7, 1975 order provides that effective January 1, 1977 "defendants shall thereafter be prohibited from accepting prisoners for whom the penitentiary is unable to provide minimum housing space in constitutionally adequate facilities," the inevitable effect of which would impose an embargo on all new commitments (excluding only revocations of parolees or work releasees) which could be housed in accordance with the court-mandated formula. At the time of the entry of that order, there was no state statute which obligated the corrections officials to accept all incoming commitments for incarceration pursuant to sentences imposed by state judges. From and after July 1, 1976, paragraph (a), Section 12 of Mississippi Corrections Act of 1976, however, makes it the duty of the Department of Corrections "to accept adult offenders committed to it by the courts of this state for incarceration, care, custody, treatment and rehabilitation." Thus, the defendant corrections officials, if other depopulation measures fail, cannot comply with the terms of this court's order prohibiting them from accepting prisoners for whom the penitentiary is unable to provide minimum housing space, and at the

same time fulfill their statutory obligation to accept all adult offenders committed to their custody. Such a result clearly raises the question of the unconstitutionality of Section 12 insofar as it conflicts with the court's injunctive order.
Other potential impediments to meeting the court's January 1, 1977 depopulation order and thereafter adhering to it are the provisions of state law prohibiting the release of an inmate on work release to a county in Mississippi over the written objection of the sheriff, senior circuit judge or district attorney,[13] and the provisions of state law precluding the corrections officials from placing any offenders in county jails throughout the State except upon 744 first *744 obtaining consent of the local jail authorities.[14]
Where a situation arises regarding the injunction against enforcing a statute or statutes of statewide effect on the ground of federal unconstitutionality, we become directly confronted with the question of whether the issue is one for resolution by a three-judge court convened pursuant to 28 U.S.C. §§ 2281 and 2284. It is immaterial that the issue of constitutionality of a state statute is put in question because of conflict with the effects of a federal court's injunctive order rather than from the statute's terms. "A statute does not have to be directly challenged as unconstitutional on its face where the impact of a court order achieves the precise result requiring a three-judge court." Costello v. Wainwright, 539 F.2d 547, 552 (5 Cir. 1976). On August 12, 1976, Public Law 94-381, 94th Congress, S. 537 repealed § 2281 and amended § 2284 to eliminate the requirement of a three-judge court in actions seeking injunctive relief against enforcement of state statutes on ground of the unconstitutionality, with certain exceptions not applicable here. However, by § 7 it was expressly provided "this act shall not apply to any action commenced on or before the date of enactment."[15] Since the present action was filed long before the three-judge court amendment, and the issues of unconstitutionality of housing conditions and inmate protection have been in litigation since 1971, § 2281 undeniably requires the convening of a three-judge court to grant permanent injunctive relief striking down statutory provisions which prohibit corrections officials from carrying out the duties imposed upon them by the United States Constitution.
Accordingly, we request the convening of a three-judge court consistent with Costello's holdings and the procedure therein approved.
Section 2281 does not, however, render this court powerless to enjoin enforcement of sections 12, 74 and 77 of the Mississippi Corrections Act, for § 2284(3) expressly empowers the district judge, to whom application for injunctive relief is made, to issue a temporary restraining order against enforcement of state statutes on the ground of asserted unconstitutionality to prevent irreparable injury and damage, with such temporary restraining order to remain in force until hearing and determination by the full three-judge court. We have no hesitation whatsoever, on the basis of findings of fact of conditions at the Mississippi State Penitentiary which are constitutionally impermissible, that this is a proper case for the issuance of an appropriate temporary restraining order.
Let an order be issued accordingly.
[1] Senate Bill No. 3008 (appropriation for support and maintenance of the state penitentiary for the fiscal year 1977; Senate Bill 3044 (making an appropriation to the State Building Commission for the purpose, among other things, of constructing at the penitentiary a medical facility and two housing units to house 192 inmates each); Chapter 440, General Laws of Mississippi, originating as House Bill No. 1479, and known as the "Mississippi Corrections Act of 1976", effective as of July 1, 1976 (to establish a Department of Corrections; to establish a Commissioner of Corrections and deputies thereof; to set forth the powers and duties thereof; to provide that the Department shall be the administering agency for the Parole Board; to redesignate the Probation and Parole Board as the Parole Board, and for other purposes).
[2] The pertinent portions of the August 7, 1975 order directed the closing of Camps 4 and B by July 1, 1976, Camps 10B (old Camp 10) and 11 by January 1, 1977, and Camps 8 and 9 by July 1, 1977. In addition, the order placed "a ceiling upon the number of inmates to be housed at each of the penitentiary housing units in use from and after January 1, 1977, "based upon a minimum living space of 50 square feet per inmate at each unit. Moreover, the order reserved the question of "ordering the closing of other old housing units which may remain unfit for human habitation."

[3] Dr. Ellis MacDougall, then acting as Superintendent of Mississippi State Penitentiary as well as Acting Commissioner of Corrections, was added as a defendant; Jack K. Reed, former Superintendent having been relieved of office, Liberty Cash, Jr., Acting Superintendent, as well as Honorable Charles C. Finch, Governor, who had succeeded the Honorable William L. Waller, were substituted as parties defendant pursuant to Rule 25(d), F.R.Civ.P.
[4] This date was extended by the court until July 31, 1976.
[5] At this point added defendant summons were also issued and served upon those persons selected by the Governor on or after July 1, 1976, as the chairman and members of the Board of Corrections, as well as the Commissioner of Corrections, the Deputy Commissioner of Institutions, and the Warden of the Parchman facility. Since that date, Dr. MacDougall has been replaced as Commissioner of Corrections by Dr. Allen Ault effective November 15, 1976, and Liberty Cash, Jr. has been replaced as Warden of the Parchman facility by John Watkins as of November 1, 1976. Ault and Watkins, and to the extent that MacDougall may retain official status as a corrections official or consultant, are automatically substituted as parties defendant pursuant to Rule 25(d), F.R. Civ.P.
[6] The number was first reported at 2253, but Dr. MacDougall stated that this number should be revised to 2214. The new capacity figure included 10 inmate spaces from the fire house and 8 inmate spaces from the farm rehabilitation unit inadvertently omitted, and corrected an overstatement of bed capacity of the women's camp when renovated for use as a reception center. According to Dr. MacDougall, with these corrections made, the total rated capacity would allow for 2214 inmates with Camps 10B (old Camp 10) and 11 closed on January 1, 1977. (October 4, 1976 hearing, Tr. 48).
[7] Dr. MacDougall testified that some delay in the award of the construction for these particular units has been occasioned by design alterations to make them, originally planned on an open dormitory style, to be later converted into smaller type of housing units, "I have redesigned the two units we have talked about and we will end up with a better facility, being able to at least be able to move the inmates to individual rooms rather than to dormitories. They have delayed construction of those two units by about 60 days, but I don't anticipate any longer delay than the 60 days . . .." (Tr. 27).
[8] It seems incredible to accept Dr. MacDougall's postulate that one-third of the inmates at Parchman had been incarcerated by sentencing judges without the benefit of presentence investigation reports. We are inclined to believe this premise may well be exaggerated in MacDougall's mind because of the likely failure of some courts in the past to send to Parchman many presentence reports upon which sentences were based. More probably, a failure of communication between sentencing judges and the Parchman officials is a better explanation of why the Parchman officials had no record of presentence investigations in the penitentiary files on a large number of prisoners.
[9] At the subsequent hearing held October 4, MacDougall was pressed by counsel for plaintiff-inmates that Parchman's dormitory facilities did not afford adequate protection of inmates from other inmates as well as for staff. Asked if he still adhered to that same opinion, MacDougall stated:
A. I think, if I remember correctly, my statement was was [sic] that under any circumstances, whether it's a prison, a college or any place else, when you have people living in dormitory housing, there is much more opportunity for people to be assaulted than in individual-room houses.
Q. You don't recall your comment when the Court asked you about protection and you said that you did not have enough security?
A. I have said that if we operated the whole place as maximum security we wouldn't have enough officers to put everybody in the complement that I would desire. I think I responded to the Court just a few minutes ago that the effort is to identify the areas where we have the problems and try to complement them. Obviously by my request for 50 additional officers in the next session of the legislature I have indicated that we need more officers, yes. (Tr. 85, 86).

[10] Representative reports since 1975 reveal 20 inmate assaults, including 2 reported homosexual rapes at Camp 8, 42 inmate assaults, including 6 homosexual rapes at Camp 5, and 28 inmate assaults, including 4 homosexual rapes at Camp 6. The evidence is without dispute that the bathroom and shower areas in these camps are so situated as to be beyond the surveillance of hall officers, and often become the critical situs for inmate misconduct.
[11] Presumably this is why the Rosser report indicates that the older camps, even if renovated in accordance with the report, will remain fit only for temporary use for minimum security purposes.
[12] We express no opinion of the usability of older units for purposes other than inmate housing.
[13] Section 77, Mississippi Corrections Act. Section 47-5-165 Miss.Code of 1972, is amended as follows:
47-5-165. Notwithstanding any provisions of sections 47-5-159 to 47-5-169 to the contrary, no offender of the custody of the department released under the provisions of said sections may be sent to any county in Mississippi until the sheriff of the county and the senior circuit judge serving the county have been notified not less than thirty (30) days prior to the release of the offender for work release. In the event the sheriff, senior circuit judge or district attorney object, in writing, within a period of thirty (30) days, the offender shall not be released to such county.
[14] Section 74, Mississippi Corrections Act. Section 47-5-159 Miss.Code of 1972, is amended as follows:
47-5-159. Any person convicted of an offense against the State of Mississippi and committed to the custody of the department shall be under the jurisdiction of the department. The commissioner shall adopt rules and regulations governing the confinement of an offender outside the confines of any facility of the department, as authorized by sections 47-5-159 through 47-5-169, including, but not limited to, places of confinement, security of such places, facilities, transportation of offender to work assignments and duties of local security personnel. The commissioner may designate as a place of confinement any available, suitable and appropriate institution or facility, including a county jail or offender camp, whether maintained by the commissioner or otherwise; provided however, that if the facility is not maintained by the department, the consent of the governing authorities of the facility must first be obtained, and the commissioner shall make full reimbursement to the local confining jail or facility for all costs incurred in the confinement of said offender or offenders. The commissioner with the approval of the board, from gifts and grants, may pay for rental of facilities to house offenders, for the renovation of such facilities and for the transportation of inmates to and from work. The commissioner shall, whenever practical, confine offenders participating in a work release program in a community based facility. (Emphasis added).
[15] The legislative history of the amendment makes it clear that "cases filed prior to the enactment of this bill shall proceed to final disposition under the law existing on the date they were commenced." S.Rep.No.94-204, U.S.Code Cong. & Admin.News, 94th Cong., 2d Sess., p. 3173 (1976).
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 </s> 548 F.2d 1241 (1977)
Nazareth GATES et al., Plaintiffs-Appellants, United States of America, Plaintiff-Intervenor-Appellant,
v. John COLLIER et al., Defendants-Appellees.
No. 75-3686.
United States Court of Appeals, Fifth Circuit.
March 18, 1977. Rehearing Denied April 14, 1977.
Roy S. Haber, Boulder, Colo., Ronald R. Welch, Herman Wilson, David M. Lipman, Jackson, Miss., H. M. Ray, U. S. Atty., John R. Hailman, Asst. U. S. Atty., Oxford, Miss., Brian K. Landsberg, Judy E. Wolf, Dept. of Justice, 1242 Appellate Section, *1242 Civil Division, Washington, D.C., for plaintiffs-appellants.
A. F. Summer, Atty. Gen., Paul Roger Googe, Jr., James M. Ward, Asst. Attys. Gen., Jackson, Miss., for defendants-appellees.
Before TUTTLE, AINSWORTH and CLARK, Circuit Judges.
PER CURIAM:
This appeal was argued and submitted to the Court on May 10, 1976. It arises from an order of the trial court which granted substantial relief at the behest of the individual parties and of the United States as intervenor with respect to the operation of the prison system of the State of Mississippi. The appeal was based upon a complaint that the trial court's orders that had been entered in August and October, 1975 while properly finding existing conditions violated the constitutional rights of the individual plaintiffs and the class they represented, failed to grant fully adequate relief.
The delay in disposing of this appeal results from the fact that the trial court retained jurisdiction over the cause, which was fully in accord with proper procedures in a case of this kind, in order that the plaintiffs might move for further or faster relief at any time under the supervision of the district court. The extent of the challenges to the method of operating the state prison system and the judge's extensive findings in support of many of these allegations were first spread upon the record in Gates v. Collier, 349 F.Supp. 881 (D.C.1972). The judgment of the trial court was affirmed by this Court in Gates v. Collier, 501 F.2d 1291 (5th Cir. 1974).
Following a motion by private plaintiffs seeking further relief on December 13, 1974, the trial court issued a further opinion which is reported at 390 F.Supp. 482 (D.C.1975). There, the court found that: "[d]espite continuing progress at Parchman in certain areas, serious problems remain in others, often with constitutional significance."
Thereafter, the trial court entered an order requiring the defendants within 60 days to submit a plan for the reduction of the inmate population and the elimination of residential camps unfit for human habitation. See appendix 1 to the court's memorandum opinion, 390 F.Supp. at 490. Following the submission of the required plans, the private plaintiffs objected and an evidentiary hearing was held on August 6 and 7, 1975. The United States, as intervenor, participated in the hearings. By order of August 7, the court ordered that the two worst camps be closed by July 1, 1976; that two be closed by January 1, 1977; that two more be closed by July 1, 1977. The court also prescribed maximum capacities for the remaining camps, to be carried out by January 1, 1977. The court also ordered an end to certain uses of the "dark hole."
This appeal, then, complains that the relief granted by the trial court did not bring a prompter end to the use by the state of facilities that it had already found to be unfit for human habitation.

Immediately following the submission of this case on May 10, 1976, the trial court on June 7, sua sponte issued an order requiring defendants to submit a plan "implementing [the district court's] order of August 7, 1975 . . . [and including] intermediate target dates0907prior to January 1, 1977 0907for a phase-in of compliance" and scheduling an evidentiary hearing for August 16, 1976, on said plan together with plaintiffs' objections and counter proposals. Following the filing of plans and noting the opposition thereto and upon consideration of argument and briefs, the court entered a further order on November 19, 1976. This order substantially mooted the issues urged on appeal in the pending case. While we recognize that the trial court allowed some conditions which it determined were in violation of prisoners' constitutional rights to remain until April 1, 1977, the judgment it made appears to strike a 1243 rational balance between the interests of society and the prisoners. It offers the strongest incentives for *1243 state elimination of deficiencies under the newly established Department of Corrections. At the same time, the judgment compels the promptest action reasonably possible. To the extent the present appeal has not been mooted by subsequent actions of the district court, the order appealed from is affirmed and the cause is remanded to the district court with directions to continue the implementation of conversion to a constitutionally permissible penal system.
We note the same substantial relief in the direction sought by the appellants and the United States as intervenors in this present appeal has been granted by the district court during the pendency of this action. We believe, therefore, that the appellants are entitled to their costs on the appeal, which we have doubtless enhanced somewhat by our intermediate instructions to the parties to file memoranda following each of the trial court's hearings held subsequent to submission of this case on appeal.
AFFIRMED AND REMANDED WITH DIRECTIONS.
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 </s> 234 F.3d 221 (2000)

Nazareth GATES, individually and on behalf of all others similarly situated; Willie Lee Holms, individually and on behalf of all others similarly situated; Hal Zachary, individually and on behalf of all others similarly situated; Mathew Winters, individually and on behalf
of all others similarly situated, Plaintiffs-Appellees, v.
Thomas D. COOK, Superintendent of the Mississippi State Penitentiary, also known as Parchman Prison; J.D. Demoville, Member of the Mississippi State Penitentiary Board; Turner Arant, Member of the Mississippi State Penitentiary Board; Sebe Dale, Member of the Mississippi State Penitentiary Board; Robert D. Robinson, Member of the Mississippi
State Penitentiary Board; H.L. Roberts, Member of the Mississippi State Penitentiary Board; John Bell Williams, Governor of the State of Mississippi, and their Successors,
Defendants-Appellees, v.
Willie X. Stevenson; et al., Movants, Robert Shaw, Movant-Appellant, and Willie Gaines, Appellant.
David Darrell Moore; Elton Banks; Eddie Ray Gowdy, Plaintiffs-Appellees, v.
Kirk Fordice; Leroy Black; Steve W. Puckett; Eddie Lucas; A.M. Phillips, DefendantsAppellees, and
Alexis D. Belafonte; et al., Intervenor-Plaintiffs, Martin Groot, Intervenor-Plaintiff-Appellant.
Nazareth Gates, individually and on behalf of all others similarly situated; Willie Lee Holms, individually and on behalf of all others similarly situated; Hal Zachary, individually and on behalf of all others similarly situated; Mathew Winters, individually and on behalf
of all others similarly situated, Plaintiffs-Appellees, v.
Thomas D. Cook, Superintendent of the Mississippi State Penitentiary, also known as Parchman Prison; J.D. Demoville, Member of the Mississippi State Penitentiary Board; Turner Arant, Member of the Mississippi State Penitentiary Board; Sebe Dale, Member of the Mississippi State Penitentiary Board; Robert D. Robinson, Member of the Mississippi
State Penitentiary Board; H.L. Roberts, Member of the Mississippi State Penitentiary Board; John Bell Williams, Governor of the State of Mississippi, and their Successors,
Defendants-Appellees, v.
Willie X. Stevenson; et al., Movants, Willie Gaines; Gary Butler; Steven Houston; Robert Shaw; Robert L. White; et al., Movants-Appellants, and Martin Groot; Willie Naylor; et al., Appellants.
David Darrell Moore; Elton Banks; Eddie Ray Gowdy, Plaintiffs-Appellees, v.
Kirk Fordice; Leroy Black; Steve W. Puckett; Eddie Lucas; A.M. Phillips, DefendantsAppellees, and
Alexis D. Belafonte; et al., Intervenors-Plaintiffs, Martin Groot; Willie Naylor, Intervenors-Plaintiffs-Appellants. Nazareth Gates, individually and on behalf of all others similarly situated; Willie Lee Holms, individually and on behalf of all others similarly situated; Hal Zachary, individually

and on behalf of all others similarly situated; Mathew Winters, individually and on behalf of all others similarly situated, Plaintiffs-Appellees, v.
Thomas D. Cook, Superintendent of the Mississippi State Penitentiary, also known as Parchman Prison; J.D. Demoville, Member of the Mississippi State Penitentiary Board; Turner Arant, Member of the Mississippi State Penitentiary Board; Sebe Dale, Member of the Mississippi State Penitentiary Board; Robert D. Robinson, Member of the Mississippi
State Penitentiary Board; H.L. Roberts, Member of the Mississippi State Penitentiary Board; John Bell Williams, Governor of the State of Mississippi, and their Successors,
Defendants-Appellees, v.
Willie X. Stevenson; et al., Movants, Willie Gaines; Gary Butler; Steven Houston; Robert Shaw; Robert L. White; et al., Movants-Appellants, and Martin Groot; Willie Naylor; et al., Appellants.
David Darrell Moore; Elton Banks; Eddie Ray Gowdy, Plaintiffs-Appellees, v.
Kirk Fordice; Leroy Black; Steve W. Puckett; Eddie Lucas; A.M. Phillips, DefendantsAppellees,
Martin Groot; Willie Naylor, Intervenor Plaintiffs-Appellants.
Nos. 99-60609, 00-60129 and 00-60130.
United States Court of Appeals, Fifth Circuit.
November 20, 2000.
224 *224 Margaret Winter, American Civil Liberties Union Foundation, National Prison Project, Washington, DC, Elizabeth Jane Hicks (argued), Robert Bruce McDuff (argued), Jackson, MS, for Robert Shaw, Willie Gaines, Martin Groot, Gary Butler, Steven Houston, Robert L. White and Willie Naylor.
Ronald Reid Welch (argued), Jackson, MS, for Plaintiffs-Appellees.
Leonard Charlton Vincent (argued), Mississippi Dept. of Corrections, Staff Attorney's Office, Parchman, MS, Joseph Allen Goff, Jackson, MS, for Defendants-Appellees.
Before JONES and BENAVIDES, Circuit Judges, and WALTER, District Judge.[*]
BENAVIDES, Circuit Judge:
Members of a settlement class made up of HIV-positive inmates in Mississippi jails appeal from the district court's 225 denial of their motions to intervene and substitute counsel, as well as its denial of attorneys *225 fees for the
proposed substitute counsel. Appellants also contest an order banning contact between proposed substitute counsel and class members regarding prison conditions. As discussed below, we find the no-contact order to be insufficiently supported and unnecessarily broad and therefore vacate it. We also find that the district court erred in denying substitution of counsel. Given our other rulings, we remand the issue of attorneys fees to the district court.
I. Facts and Procedural History
Plaintiffs below are a class comprised of HIV-positive inmates incarcerated in Mississippi prisons. The original litigation was commenced pro se by two HIV-positive inmates at the Mississippi State Penitentiary in Parchman, Mississippi [Parchman] and alleged that the Mississippi Department of Corrections [MDOC] failed to provide

adequate medical care for HIV-positive inmates, segregated them in inferior housing, and barred them from participating in privileges and programs available to the general prison population solely on the basis of their medical status in violation of the Eighth Amendment and the Due Process and Equal Protection Clauses of the Fourteenth Amendment.
The district court denied appointment of counsel and dismissed the case as frivolous. This Court reversed, finding that the plaintiffs had stated a cause of action under Section 504, Rehabilitation Act of 1973, 29 U.S.C. § 794, as recognized by Harris v. Thigpen, 941 F.2d 1495 (11th Cir.1991) (finding that under § 504, the district court must analyze each program from which HIV-positive inmates are excluded to determine if it could be safely integrated with reasonable accommodation). See Moore v. Mabus, 976 F.2d 268, 271-72 (5th Cir.1992).
In directing the district court to appoint counsel for the class, this Court admonished that "the scope of the questions raised and the extensive resources required to pursue properly the issues in this case far exceed the capability and resources of a prisoner, and ... the apparently essential testimony from experts on HIV-AIDS management in the prison environment will require professional trial skills." See id. at 272.
Upon remand, the district court appointed Ronald Welch to be the class attorney. Welch has served as class counsel for Gates v. Collier, an ongoing class action by Mississippi inmates against the state, since the 1970s, as well as several other class actions by subgroups of Mississippi inmates. Welch is a solo practitioner. After repeated requests by class members and explaining that he was busy with other cases and feared the general prison class' reaction to his seeking integration for HIV-positive inmates, Mr. Welch began working on the case in 1995 0907 two years after his appointment as class counsel.[1]
In June of 1995, the district court entered a consent decree which certified a class under Fed.R.Civ.P. 23(b)(1) and (b)(2) consisting of all HIV-positive inmates in MDOC's custody, appointed Welch as class counsel, and 226 settled the *226 class claims. The settlement addressed some of the inmates' issues in broad terms (e.g. requiring "medically appropriate diets") but did not require substantial change on any of the original pro se plaintiffs' concerns, including integration into programs and privileges available to non-HIV-positive prisoners. No formal Fed.R.Civ.P. Rule 23(e) notice was required by the court or provided to the class. Welch mailed copies of the proposed agreement to eight class members, one of whom wrote a letter to the district court objecting to the proposed agreement.
The district court endorsed the settlement five days after the proposed agreement had been sent out and one day prior to the objection letter's arrival. The district court did not have the benefit of any class members' objections to the settlement at the time of its ruling nor did it respond to the objections provided later. The district court retained jurisdiction over the case to monitor compliance with the settlement terms.
Over the next four years, class members protested Welch's inaction on several of their complaints, the most serious and meritorious of which related to the new HIV therapies which were proving highly successful in some patients but which were unavailable to inmates. Certain class members contacted the ACLU National Prisons Project for assistance. NPP attorneys conducted a preliminary investigation to verify the legitimacy of the claims presented to them, and signed formal retainer agreements with several individual class members.
In February 1999, several class members incarcerated at Parchman moved to intervene, arguing that Welch and by extension the named plaintiffs did not adequately represent their interests. On March 5, 1999, the proposed intervenors moved for a preliminary injunction alleging that their medical care under MDOC was so deficient as to endanger their lives. Both motions were prepared by counsel from the ACLU National Prisons Project (NPP), and supported by the signatures of 110 of the 140 class members.[2] Welch joined in the motion for preliminary injunction, but did not contribute to its preparation. The district court entered a preliminary injunction (not identical to that requested) upon finding that MDOC's doctors were deliberately indifferent to the class members' health, that the care they were providing was insufficient, and that it significantly lowered prisoners' chances of surviving with the HIV virus. Proposed intervenors moved for attorneys' fees.
In December 1999, proposed intervenors renewed their motion for intervention, and two class members moved for substitution of counsel. The motion for substitution of counsel was accompanied by a petition containing the signatures of 167 class members, representing one hundred percent of the HIV-positive inmates at Parchman.[3]

In January 2000, the district court issued a temporary order forbidding NPP lawyers from contacting class members. In February, the district court denied the motions for intervention and substitution of counsel, and converted its order into a permanent bar on NPP lawyers contacting class members regarding anything within the 227 class counsel's "jurisdiction" 0907 i.e. anything relating to the treatment or prison *227 conditions of HIV-positive inmates. The district court also denied appellants' motion for attorneys fees. Proposed intervenors and the unsuccessful movants for substitution of counsel and attorneys fees appeal.
II. Analysis
A. No-contact order
It is a well-established principle that district courts enjoy wide latitude in managing complex litigation in general and class actions in particular. See, e.g., Mullen v. Treasure Chest Casino, LLC, 186 F.3d 620, 623 (5th Cir.1999) . However, any administration by the district court must seek to avoid impinging on class members' constitutional rights, in this case those of speech, association, and access to counsel of their choice. Any infringement of such rights must be strictly limited only to that which is determined necessary after sufficient findings have been established in the record.
The no-contact order in issue here contradicts the principles enunciated in Gulf Oil Co. v. Bernard, 452 U.S. 89, 101 S.Ct. 2193, 68 L.Ed.2d 693 (1981). In overturning a no-contact order issued in a class action, the Supreme Court noted that such orders must be based on a clear record and "specific findings that reflect a weighing of the need for a limitation and the potential interference with the rights of the parties." See id. at 101, 101 S.Ct. 2193. The order resulting from such a process should be carefully drawn in order to limit speech as little as possible. See id. at 102, 101 S.Ct. 2193.[4]
The order in this case bars all contact between NPP attorneys and class members regarding the subject matter of the class action, i.e. prison conditions, treatment, and healthcare. The order is not narrowly drawn nor is it justified by any factual findings other than that seven of 167 inmates returned letters from Welch unopened (during the period before the district court ruled on the substitution motion) and that NPP attorneys, like Welch himself, managed "small favors" for the class members.
The class members who wish to remain in contact with NPP attorneys seek to exercise their right as individuals to consult with the counsel of their choice on matters of great concern to them. See Texas Catastrophe Property Ins. Assoc. v. Morales, 975 F.2d 1178, 1180-81 (5th Cir.1992) (finding a fundamental right to retain counsel of choice in civil actions); see also Mitchell v. Johnston, 701 F.2d 337, 351 (5th Cir.1983) (the district court is not free to "substitute its judgment for that of the litigant in the choice or number of counsel that the litigant may feel is required to properly represent his interests") (citation omitted). The district court is not free to impinge on those rights without weightier findings than those here; the findings in the record below do not establish the necessity for the order issued. Moreover, a limiting order must be narrowly drawn to minimize prior restraints on speech, association, and the inmates' rights to counsel. The no-contact order in this case does not satisfy these requirements and we therefore vacate it.
B. Denial of intervention/substitution of counsel
Appellants argue that the district court erred in denying the motions for substitution of counsel and intervention because at least eighty percent of the class members supported substitution and Welch was not adequately performing his duties. Denials of motions for substitution of counsel are reviewed for abuse of discretion. See 228 Pettway v. American Cast *228 Iron Pipe Co., 576 F.2d 1157, 1178 (5th Cir.1978). We treat appellants' motion for intervention as one for intervention as of right under Fed.R.Civ.P. 24(a). The denial of that motion is reviewed de novo. See Edwards v. City of Houston, 78 F.3d 983, 999-1000 (5th Cir.1996) (en banc). The facts of this case justify a finding that the district court committed reversible error under either standard in denying the motions for substitution and/or intervention.[5] We therefore reverse the denial of the motion for substitution.[6]

Two main factors support substitution of counsel in this case. First, the sentiments of the class indicate a clear preference for a known substitute, i.e. the NPP attorneys. Second, and more importantly, Welch's nonfeasance and the constraints upon his ability adequately to prosecute the sub-class' case urge the rare remedy of substitution. District courts normally enjoy substantial latitude in deciding motions for substitution of counsel. In long-standing class actions, in particular, significant administrative difficulties could arise from frequent or competing motions for substitution or intervention, and we in no way wish to encourage the unjustified use of such motions. Mere dissatisfaction with class counsel's strategy or obtained results does not adequately support a motion for substitution of counsel. Nonetheless, the unique circumstances of this case do warrant substitution.
Appellees first urge that the class members' motions for intervention and substitution of counsel were untimely. 229 However, such motions made during the *229 ongoing administration of a class action settlement by a district
court are not per se untimely. See United Airlines, Inc. v. McDonald, 432 U.S. 385, 394-96, 97 S.Ct. 2464, 53 L.Ed.2d 423 (1977) (putative class members' post-judgment motion to intervene was timely filed). The district court did not reject the motions as untimely, nor do we.
In Pettway, this Court reversed a denial of a motion for substitution of counsel where seventy percent of the class supported it, noting that class counsel may not substitute his own subjective judgment for that of the class on major questions of litigation. See Pettway, 576 F.2d at 1177. In this case, at least eighty percent of the class supported substitution. Welch's own words in letters to the class explain his deliberate intent to use his own subjective judgment regarding the objectives and appropriate relief for the class even as against a majority of the class members' explicit wishes. Thus, Welch's behavior is of a type that we recognized in Pettway as justifying substitution of counsel.
Welch's nonfeasance and mishandling of certain aspects of the case also warrant his substitution here. First, Welch is a solo practitioner with limited resources. Such a fact does not on its own justify substitution of counsel 0907 numerous solo practitioners have demonstrated their ability and zeal in prosecuting even very large class actions. However, in this case, Welch's resources were already stretched by his representation of the Gates class as well as numerous other subclasses. More importantly, Welch's own admissions demonstrate his subjective belief that he was unable actively to prosecute the HIV-positive prisoners' claims.[7] His failure to secure outside expert review of the subclass members' medical care, even after this Court specifically noted the necessity of such review on a previous appeal, corroborates the limits of Welch's resources and ability to litigate the HIVpositive prisoners' case.
Appellants also argue that Welch has a conflict of interest inherent in his dual representation of the HIV-positive prisoners and of the general prison population in Gates because segments of that population might object to the HIV-positive prisoners gaining access to work training and other programs from which they are currently excluded. Welch disputes the existence of such a conflict, and the district court agreed with him, ruling that there was no apparent conflict of interest. The allegation of a conflict of interest is not self-evident; there is no necessary or inherent conflict between the objectives of the HIV-positive subclass and that of the general population. However, Welch explained to the class in responding to complaints about his inaction that he refrained from taking aggressive action on their desegregation claims in part because he feared the general population would object to it. We therefore have a direct admission by counsel that his advocacy was in fact impaired, at least at one time and as to one set of issues. That admission erases any doubt that would otherwise exist regarding conflict of interest difficulties faced by counsel.
Evidence of nonfeasance and mishandling of certain aspects of the case and the lawyer-client relationship also exists. The record indicates that Welch failed to give the class adequate notice and opportunity to object to the 230 settlement he procured for them in 1995.[8]See Kincade v. General *230 Tire & Rubber Co., 635 F.2d 501, 507 (5th Cir.1981) (notice and opportunity to object to settlement required for Rule 23(b)(2) classes).
Welch's relationship with members of the subclass deteriorated over time, particularly after the motions for intervention and substitution were filed. For example, Welch disclosed confidential communications from a class member in the public record. While Welch argues that he was entitled to disclose communications relevant to a claim against him, a motion for substitution does not constitute a classical "claim" against an attorney as would a

malpractice suit. In addition, Welch apparently made no effort to redact the letter or limit it to in camera review. See MISS. RULES OF PROFESSIONAL CONDUCT Rule 1.6(a) and Cmt. (1999) (where disclosure is authorized to defend against a claim or assertion of wrongdoing, "the lawyer must make every effort practicable to avoid unnecessary disclosure of information relating to a representation, to limit disclosure to those having the need to know it, and to obtain protective orders or make other arrangements minimizing the risk of disclosure"); Flowers v. State, 601 So.2d 828, 832 (Miss. 1992)(lawyer may not reveal confidential communications without client's consent); Singleton v. Stegall, 580 So.2d 1242, 1245 (Miss.1991) (lawyer owes duty of confidentiality to her client).
Welch also described the subclass in the national press as being "manipulative." He was further quoted as saying that he had no sympathy for them and that they used their HIV status to garner the sympathy of the public. During the hearing on the motion for preliminary injunction prepared by NPP attorneys and joined by him, Welch appeared to take MDOC's side, conducting a cross-examination style interrogation of plaintiffs' expert witness. Such behavior undermines both an attorney's credibility with his clients and the chances of a successful motion.
Welch argues that the denial of substitution was not an abuse of discretion because the presumption of adequate representation identified in Edwards v. City of Houston, 78 F.3d 983, 1005 (5th Cir.1996) was not overcome. We note, however, that the burden of showing that the presumption of adequacy should be overcome is "minimal," id., and the facts noted above do overcome such a presumption as regards Welch's representation of this particular subclass. Welch's arguments regarding the adequacy of his representation essentially demonstrate his belief that a cooperative rather than combative style of advocacy is preferable in this case. We in no way disagree with the proposition that a cooperative style can accomplish more in some circumstances than an overly hostile and aggressive one.[9] However, Welch's actions, the constraints inherent in his situation, and the deteriorated state of his relationship with his clients necessitate his substitution as counsel.
C. Motion for attorneys' fees
Appellants argue that even though they were unsuccessful in their motions for substitution and intervention, they are nonetheless entitled to attorneys' fees because they succeeded in securing a preliminary injunction that 231 requires MDOC to *231 change the care it provides to HIV-positive inmates. Appellees contend that because the ACLU was never made counsel of record, it should not receive attorneys' fees even if it provided all of the labor and expertise behind the successful motion for preliminary injunction. District courts have broad discretion in determining whether to award attorneys' fees, and the denial of fees is reviewed for abuse of that discretion. See Gibbs v. Gibbs, 210 F.3d 491, 500 (5th Cir.2000).
Appellees argue, under Morales v. Turman, 820 F.2d 728, 731 (5th Cir.1987), that only parties to the litigation may receive attorneys' fees under the Civil Rights Attorney's Fee Awards Act of 1976 and § 1983. See also Cook v. Powell Buick, Inc., 155 F.3d 758, 761 (5th Cir.1998) (unsuccessful intervenors in a class action did not become party litigants in the suit and therefore could not appeal anything other than the denial of their motion to intervene). Our decision regarding the motions for substitution and intervention may affect the viability of that argument, though it remains true that given its prior rulings, which we set aside today, the district court was justified at the time in denying attorneys fees to the unsuccessful movants.
Turning to the merits of the issue, appellants argue that because the preliminary injunction achieved their primary objectives in making the motion even if it did not reflect in precise detail the relief sought they should be entitled to fees as a matter of ordinary practice. See Tasby v. Estes, 651 F.2d 287 (5th Cir.1981) (holding that attorneys who were not counsel of record in the litigation but who were retained by parties and who performed beneficial and non-duplicative work in the litigation were entitled to attorneys' fees).
While it would have been within the district court's discretion to award fees to appellants, it is not therefore necessarily an abuse of discretion to deny them. The NPP attorneys knew when they advanced the motion for preliminary injunction that there was some risk that they would not become the counsel of record for the plaintiff class.

The order denying attorneys fees only states that it does so because the NPP attorneys never became counsel of record to any recognized party to the action. While there may be other reasons that would prompt the district court, in its discretion, to deny fees to the NPP attorneys, it did not have the benefit of our holding on the substitution/intervention issue before it at the time it denied the fee application. We therefore vacate the order denying attorneys fees and remand the issue of fees for reconsideration in light of our holdings here and the entire record of the litigation.[10]
III. Conclusion
While district courts enjoy substantial latitude in managing class action litigation, the trial court in this case erred in denying the motions for substitution and intervention and in promulgating its no-contact order. Accordingly, we VACATE the no-contact order, REVERSE the denial of the motion for substitution of the NPP attorneys with direction that they be substituted for attorney Welch to represent the subclass of HIV positive inmates, and VACATE and REMAND the issue of attorneys fees to the district court for further consideration.
EDITH H. JONES, Circuit Judge, dissenting:
With due respect to my colleagues, this Court does not have jurisdiction to review the interlocutory order denying substitution of counsel simply because it was entered contemporaneously with the no-contact order. We should 232 be bound by the Tenth Circuit's decision, following Supreme *232 Court precedent, that it lacked jurisdiction in a case on point. The majority's approach can only be viewed as an ill-conceived exercise of the dubious doctrine of pendent appellate jurisdiction.
The Tenth Circuit held that it lacked jurisdiction to review a termination of counsel motion in a case strikingly similar to this one. In Arney v. Finney, 967 F.2d 418, 422 (10th Cir.1992), prisoners brought a class action challenging prison conditions. Class counsel was appointed and the district court entered a consent decree. When some prisoners became dissatisfied with the enforcement of and modifications to the consent decree, they sought to intervene and replace counsel. A majority of the class members supported the motion, but the district court denied it. See Arney, 967 F.2d at 420-21.
The appeals court held that even though it could review the order denying intervention of class members, it did not have jurisdiction to consider the motion to terminate counsel. It applied the Supreme Court's decision in Firestone Tire & Rubber Co. v. Risjord, 449 U.S. 368, 375, 101 S.Ct. 669, 66 L.Ed.2d 571 (1981), holding that an order denying disqualification of counsel is not appealable. See also Shakman v. Democratic Org. of Cook County, 919 F.2d 455, 459 (7th Cir.1990) (under Firestone, an order denying substitution of counsel is not appealable).
This case is substantively identical to Arney. It is a prisoner class action suit. There is an existing consent decree. The intervenors are situated identically with the rest of the class. A majority of the class have signed a petition to substitute counsel. The district court has denied a motion to intervene and substitute counsel. The jurisdictional ruling in Arney should control this case.
The majority overlooks Arney and asserts that we have jurisdiction because the district court enforced its substitution of counsel order with a no-contact order against the ACLU, a non-party. The majority avoids the term pendent appellate jurisdiction ("PAJ"), but that is what they are exercising. The theory of pendent appellate jurisdiction is that an appellate court may, on review of an appealable interlocutory order, also assume jurisdiction over an otherwise non-appealable order. See Swint v. Chambers County Comm., 514 U.S. 35, 44 n. 2, 115 S.Ct. 1203, 131 L.Ed.2d 60 (1995) (citing as an example of PAJ a case where the Ninth Circuit reviewed a nonappealable claim along with a preliminary injunction, see TransWorld Airlines, Inc. v. American Coupon Exchange, Inc., 913 F.2d 676 (9th Cir.1990)); Law v. NCAA, 134 F.3d 1025, 1028 (10th Cir.1998) (using PAJ analysis to decide what claims are reviewable with an injunction); Chambers v. Ohio Dept. of Human Svcs., 145 F.3d 793, 797 (6th Cir.1998) (same); California v. Campbell, 138 F.3d 772, 778 (9th Cir.1998) (same).

I believe that in the unlikely event that pendent appellate jurisdiction continues to exist at all, the interlocutory denial of substitution of counsel may not be appealed on the coat-tails of the no-contact order.
The Supreme Court cast considerable doubt on PAJ in Swint. In that case, the Eleventh Circuit claimed that it had discretion to review nonappealable issues with a collateral order. The Supreme Court reversed, observing that Congress carefully limited the scope of interlocutory review and established specific procedures to determine when appeals courts can review an interlocutory order. See id. at 46-48, 115 S.Ct. 1203. It questioned whether federal appeals courts can circumvent congressional intent by expanding appellate review through PAJ. See id. at 46-47, 115 S.Ct. 1203. The Court did not conclusively decide "whether or when it may be proper for a court of appeals, with jurisdiction over one ruling, to review, conjunctively, related [nonappealable] rulings." It did hold that the Eleventh Circuit abused discretion by applying PAJ where the appealable order and the nonappealable order were not inextricably intertwined.
233 *233 In the aftermath of Swint, courts have been hesitant to exercise PAJ. Chief Judge Posner has observed that PAJ "hangs by a thread." See In re Rimsat, Ltd., 98 F.3d 956, 964 (7th Cir.1996) (avoiding PAJ and finding appellate jurisdiction through another doctrine). This Court has described PAJ after Swint as "uncharted terrain." See Cantu v. Rocha, 77 F.3d 795, 805 (5th Cir.1996) (finding no compelling reason to navigate the wilderness). We exercise it "only in rare and unique circumstances." Gros v. City of Grand Prairie, 209 F.3d 431, 436 (5th Cir.2000) (finding no unique circumstances). By looking only to pre-Swint authority to justify its jurisdiction, the majority fails to recognize that appellate courts can no longer freely consider all aspects of an injunctive order.
Swint establishes that, at best, this Court might be able to review the order denying substitution of counsel if it is inextricably intertwined with the no-contact order, but a common basis of operative fact does not alone satisfy that standard.
This Court has suggested that if an appeals court can resolve appealable orders separately from the nonappealable orders, the orders are not inextricably intertwined. See Gros, 209 F.3d at 437 (finding that a qualified immunity claim was not inextricably intertwined with non-immunity claims because the claims had "unique elements and relevant facts.").
Other circuits agree that claims are inextricably intertwined only if "the pendent claim is coterminous with, or subsumed in, the claim before the court on interlocutory appeal." Law v. NCAA, 134 F.3d 1025, 1028 (10th Cir.1998) (finding claims inextricably intertwined in a PAJ claim based on a permanent injunction). See also Chambers v. Ohio Dept. of Human Svcs., 145 F.3d 793, 797 (6th Cir.1998) (same). "Given the Supreme Court's criticism of pendent appellate jurisdiction, the Court's `inextricably intertwined' exception should be narrowly construed." California v. Campbell, 138 F.3d 772, 778 (9th Cir.1998) (holding that it could easily address the appealable claim without discussing the nonappealable claim).
Here, the elements of the constitutional claim challenging the no-contact order are distinct from the elements of the substitution of counsel challenge. First, different parties are involved: ACLU alone is aggrieved by the nocontact order, while the denial of substitution order bears only on the prisoners. Second, the constitutionality of the no-contact order is entirely unrelated to the merits of the class attorney's performance. This Court could easily lift the no-contact order while leaving the substitution of counsel order intact. Thus, the orders are not inextricably intertwined and PAJ, even if it has vitality, is inappropriate.[1]
The majority's unarticulated premise for assuming jurisdiction seems to be that appellate requirements may have to be relaxed in a post-judgment context. In other words, how could any order denying substitution of counsel in institutional litigation governed by a consent decree ever become final for appeal? The Tenth Circuit affords one answer. In a prison conditions case, it granted mandamus relief requiring the district court to consider a pro se 234 prisoner's challenge to the application of the decree that class counsel had *234 refused to review. See McNeil v. Guthrie, 945 F.2d 1163 (10th Cir.1991). Mandamus relief may thus be available where an order is not otherwise reviewable on appeal.
If we did have jurisdiction over this appeal, I would be hard put to subscribe to the majority's appellate factfindings on Welch's performance as class counsel, much less to hold the magistrate judge's decision an

abuse of discretion.[2] Each of the "facts" that the majority finds concerning Welch's alleged nonfeasance and conflicts was vigorously contradicted by Welch's declarations and evidence or was placed by his responses in a context that exonerated him from the dissident prisoners' complaints.[3] The district court implicitly credited Welch's version of events, yet the majority discredits Welch without demonstrating clear error. I would have deferred to the trial court's credibility calls. At least, the majority should have remanded for a hearing, in light of the perfunctory trial court ruling, to permit Welch to confront his accusers before the panel majority required the unusual and reputation-damaging remedy of counsel substitution.
The majority's jurisdictional error and their rush to overturn the district court's discretionary decision carry unfortunate implications in many ongoing prison conditions cases. This decision will encourage dissident prisoner groups to second-guess class counsel and seek separate representation, effectively harassing class counsel and wasting precious public resources on tangential issues. Properly applied standards of appellate jurisdiction would eliminate this problem. I respectfully dissent.
[*] District Judge of the Western District of Louisiana, sitting by designation.
[1] The parties dispute whether Welch performed the role of counsel adequately. Certain uncontested statements exist in the record that bear on Welch's representation. For example, in one letter, Welch explains to class members that he will do what he thinks best for the class independent of the class members' complaints and wishes. In a statement to the press, Welch describes class members (presumably those wishing him replaced) as "manipulative," and states that he has "no sympathy" for them because they had used their HIV-positive status to garner the public's sympathy. Welch filed a confidential letter written to him by a class member in the public record of the district court without making any effort to redact it or file it in camera; similarly, he circulated to class members reports containing other class members' unredacted medical files. After certain class members began to complain about his representation, Welch described his role in a letter to the class as that of an "umpire" and warned that continuing complaints would lessen the likelihood that he would help them.
[2] The size of the plaintiff class appears to have varied significantly over the course of the class action, and neither the record nor the parties provide firm numbers for the class size at certain particular points in time. The 140-member class noted here derives from the district court's order, which we assume to be the best available representation of class size for the period in question.
[3] The precise total number of class members at the time of the petition is not known. All of the class members housed at the HIV-positive segregated unit at Parchman, Unit 28, signed the petition. The petition was not signed by any class members housed elsewhere, e.g. in the women's facility. According to estimates of the class size provided by class counsel, approximately eighty percent of the total class is represented by the petition signatures.
[4] Because the Supreme Court found that the order in issue was an abuse of discretion and did not comport with the requirements of Rule 23, it did not decide the issue of First Amendment requirements for such orders; it did note, however, that the order created serious restraints on expression, see id. at 103-04, 101 S.Ct. 2193, and therefore presumably could be the basis of a constitutional challenge should one prove necessary.
[5] The state of Mississippi challenges this Court's jurisdiction to review the district court's denial of petitioner's motion to substitute counsel as an appealable final order pursuant to 28 U.S.C. § 1291. This Court, however, need not reach the issue of whether the petitioner's post-judgment motion to substitute counsel is independently appealable. There is no dispute that the district court's no-contact order is properly before this Court. In the district court's February 1 order prohibiting the ACLU from contact with any inmate on matters within the jurisdiction of class counsel, the magistrate also denied the renewed motions for intervention and substitution of counsel. On February 11, the petitioners filed a timely notice of appeal of all rulings in the February 1 order.
Where this Court has interlocutory jurisdiction over an injunctive order pursuant to § 1292(a)(1), it may, in its discretion, consider all aspects of that order. Mercury Motor Express, Inc. v. Brinke, 475 F.2d 1086, 1091 (5th Cir.1973); Magnolia Marine Transport v. Laplace Towing Corp., 964 F.2d 1571, 1580 (5th Cir.1992) ("[A]n order granting or refusing an injunction brings before the appellate court the entire order ..."); Gould v. Control Laser

Corp., 650 F.2d 617, 621 n. 7 (5th Cir.1981) ("[I]n reviewing interlocutory injunctions we may look to otherwise nonappealable aspects of the order."); Myers v. Gilman Paper Corp., 544 F.2d 837, 847 (5th Cir.1977) ("It is well settled that an appellate court that has jurisdiction over an interlocutory order containing injunctive relief may reach and decide other aspects of that order even though the others would not be reviewable independently by interlocutory appeal"); 16 CHARLES A. WRIGHT ET AL., FEDERAL PRACTICE AND PROCEDURE § 3921.1 (2d ed.1996). We recognize that this discretion should be exercised "only in rare and unique circumstances." Gros v. City of Grand Prairie, 209 F.3d 431, 436 (5th Cir.2000).
In this case, judgment has already been entered in the form of a consent decree. Nothing is currently pending before the district court, save its continuing jurisdiction over the decree. Given the procedural posture of this case, we feel it is appropriate to exercise our discretion and review the petitioner's motion to substitute counsel. Absent the exercise of our discretion, the petitioners will be deprived of any meaningful opportunity to have their motion reviewed.
We do not overlook, nor do we agree with the dissent that we should be bound by, the Tenth Circuit's holding in Arney v. Finney, 967 F.2d 418 (10th Cir.1992). By exercising our pendent appellate jurisdiction, we do not address the issue decided in Arney, that is, whether a Court of Appeals has independent jurisdiction over a motion to substitute counsel.
[6] According to appellants' description, the motion for substitution and the motion for intervention sought to attain the same practical result, i.e. representation by NPP attorneys in the class action. Because we reverse the district court's denial of the motion for substitution, intervention becomes unnecessary.
[7] In letters to the class and to the ACLU soliciting their assistance, Welch described the limitations of his resources as a solo practitioner with no regular assistance and without the resources to hire expensive experts.
[8] Welch mailed copies of the proposed agreement to the class representatives and certain class members at the same time as the proposed agreement was filed with the court. Welch also requested that the district court direct him as to appropriate notice under Rule 23(e), which it declined to do. The district court accepted the proposed agreement within days of its being filed and before any objections from class members reached the court.
[9] The governmental defendants have endorsed Welch in preference to the NPP attorneys, noting the good working relationship Welch has established with MDOC. Such a relationship can be very valuable in ongoing litigation such as this, though it can also sometimes blur the lines of the adversary relationship, as when Welch conducted a cross-examination style interrogation of plaintiffs' expert. While we note that the relationship between Welch and NPP attorneys soured over time (Welch originally solicited their help with the case; he argues that after that point NPP attorneys did not keep him adequately informed of their investigation on behalf of the class), our decision does not rest on the difference between contrasting styles or an assessment of the relationship among counsel. Rather, our evaluation of the objective facts in this case leads to the inescapable conclusion that whatever the merits of his efforts, Welch's ability to represent the subclass in issue has sufficiently deteriorated such that substitution is now necessary.
[10] The appellants' motion to supplement the record is denied. The appellants' motion to expedite decision is dismissed as moot. Finally, the appellees' request for mandamus is denied.
[1] The majority might have suggested that PAJ would exist because the orders denying intervention of new class representatives and the denial of counsel substitution are "intertwined." This conclusion would fail for two reasons. First, the prisoners seek only permissive intervention (F.R.A.P.24(b)), since their interests are not adverse to but cumulative of the present class representatives. See Edwards v. City of Houston, 78 F.3d 983 (5th Cir.1996) ("The applicant for intervention must show adversity of interest, collusion, or nonfeasance on the part of the existing party to overcome the presumption [of adequate representation]"). Appellate jurisdiction exists over the denial of permissive intervention only if the district court abused discretion. See id. at 992, in denying such relief. Second, the current class representatives are appealing the order denying substitution; tacking that order onto the intervention order for PAJ is a meaningless exercise.

[2] When brought up on appeal as part of a final judgment, denials of motions to substitute class counsel are reviewed for abuse of discretion. Pettway v. American Cast Iron Pipe Co., 576 F.2d 1157, 1178 (5th Cir.1978). The majority opinion is needlessly ambiguous on this point.
[3] The majority faults Welch for revealing to the court some of his letters to and from the class representatives during the dispute over substitution. Welch points out, however, that the class representatives had themselves waived confidentiality by delivering this same correspondence to the ACLU.
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 </s> 976 F.2d 268 (1992)
David Darrell MOORE, et al., Plaintiffs-Appellants, v.
Ray MABUS, et al., Defendants-Appellees.
No. 91-7290 Summary Calendar.
United States Court of Appeals, Fifth Circuit.
November 2, 1992.
David Darrell Moore, pro se.
Elton Banks, pro se.
John L. Clay, States Asst. Atty. Gen., Mike Moore, Atty. Gen., Jackson, Miss., Leonard Vincent, Staff Atty., Parchman, Miss., for Mabus.
269 *269 Before POLITZ, Chief Judge, KING and GARWOOD, Circuit Judges.
POLITZ, Chief Judge:
David Darrell Moore and Elton Banks appeal the 28 U.S.C. § 1915(d) dismissal of their pro se, in forma pauperis civil rights complaint, and the denial of their application for appointment of counsel. We affirm in part, vacate the dismissal, remand for further proceedings, and direct that counsel be appointed.
Background
Moore and Banks are inmates at the Mississippi State Penitentiary in Parchman, Mississippi. In 1990 Moore, Banks, and Eddie Ray Gowdy[1] filed a 42 U.S.C. § 1983 complaint against various Mississippi state officials alleging, in relation to HIV-positive prisoners: (1) deliberate indifference to serious medical needs in violation of the eighth amendment, (2) conditions of confinement in violation of the eighth amendment, (3) violation of the fourteenth amendment right of privacy, (4) loss of privileges in violation of fourteenth amendment due process and equal protection components, and (5) denial of rights guaranteed by state law. The complaint also inartfully purported to be a class action on behalf of prisoners denominated by the plaintiffs as the "fluid" class. The plaintiffs moved for appointment of counsel. Following a Spears[2] hearing the magistrate judge recommended dismissal as frivolous under 28 U.S.C. § 1915 (d). The district court accepted the recommendation, denied the appointment of counsel, and dismissed the complaint. Moore and Banks timely appealed.
Analysis
The district court did not have the benefit of two recent Supreme Court decisions when it considered the instant complaint. Denton v. Hernandez[3] clarified the legal standard for a finding of factual frivolousness under section 1915(d)[4] and the standard for appellate review of such a finding, and Wilson v. Seiter[5] mandated the application of the deliberate indifference standard to all conditions of confinement cases.
Spears after Neitzke and Denton
Spears, decided some years before Neitzke and Denton, has not been reexamined in light of these new Supreme Court teachings. Our holding in Spears that the "standard for determining the legal sufficiency of a complaint is

the same under Fed.R.Civ.P. 12 or 28 U.S.C. § 1915(d)" did not survive Neitzke. The Neitzke Court concluded that "frivolousness in the § 1915(d) context refers to a more limited set of claims than does Rule 12(b)(6),"[6] and held that while Rule 12(b)(6) and section 1915(d) overlap, "it does not follow that a complaint which falls afoul of the former standard will invariably fall afoul of the latter."[7] To the extent that an in forma pauperis complaint fails to state a claim because it lacks even an arguable basis in law, Rule 12(b)(6) and section 1915(d) both counsel dismissal. When a complaint raises an arguable question of law which the district court ultimately finds is correctly resolved against the plaintiff, dismissal under Rule 12(b)(6) is appropriate; however, dismissal under the section 1915(d) frivolousness standard is not. In explaining this conclusion, the Neitzke Court reasoned that "[a]ccording opportunities for responsive pleadings to indigent litigants commensurate to the opportunities 270 accorded similarly situated paying plaintiffs is all the *270 more important because indigent plaintiffs so often proceed pro se and therefore may be less capable of formulating legally competent initial pleadings."[8]
In Denton the Supreme Court applied Neitzke dicta to draw a firm distinction between factually and legally frivolous complaints and the appropriate section 1915(d) standard:
[A] court may dismiss a claim as factually frivolous only if the facts alleged are "clearly baseless," a category encompassing allegations that are "fanciful," "fantastic," and "delusional." As those words suggest, a finding of factual frivolousness is appropriate when the facts alleged rise to the level of the irrational or the wholly incredible, whether or not there are judicially noticeable facts available to contradict them. An in forma pauperis complaint may not be dismissed, however, simply because the court finds the plaintiff's allegations unlikely.[9]
The Court reaffirmed that a section 1915(d) dismissal is reviewed for abuse of discretion.[10] In determining whether a district court has abused its discretion, the appellate court may consider whether (1) the plaintiff is proceeding pro se, (2) the court inappropriately resolved genuine issues of disputed fact, (3) the court applied erroneous legal conclusions, (4) the court has provided a statement of reasons which facilitates "intelligent appellate review,"[11] and (5) any factual frivolousness could have been remedied through a more specific pleading.[12]
We view Neitzke and Denton as mandating that a Spears-hearing record clearly distinguish between findings of factual, legal, or mixed factual and legal frivolousness. In addition, to facilitate a meaningful, "intelligent appellate review" the district court's reasons for a section 1915(d) dismissal should reflect the Neitzke-Denton considerations.
The Allegations
Plaintiffs allege that: (1) during September 1989, after meeting with the prison classification committee, Moore was upgraded to "A" level custody, assigned to the prison law library as a clerk, and transferred to Unit 29-J, a minimum security unit; (2) Moore then signed a contract which granted him certain privileges, including access to vocational classes, college, jobs, extended family visits, gym call, nightly telephone visits, emergency leave, attendance at entertainment functions, and other privileges; (3) in October 1989 Moore was transferred to Unit 15-B, the administrative segregation unit, and denied all privileges, including the contract privileges; (4) in November 1989 Moore and approximately 45 other HIV-positive prisoners were moved to Unit 28-D, a unit designated for housing of HIV-positive prisoners where the living conditions were substantially inferior to the housing of other prisoners because of defective plumbing, vermin and insect infestation, and building deterioration exposing prisoners to adverse weather conditions; (5) there was a lack of physicians trained to treat HIV-related medical problems; (6) prison dentists refused to provide HIV-positive prisoners with timely treatment; (7) Moore did not receive adequate diagnosis and treatment of his AIDS condition; (8) AIDS drugs were not provided; (9) some HIV-positive prisoners remained in the general prison population; (10) privileges were denied HIV-positive prisoners without any rational basis other than their medical status; (11) guards failed to protect HIVpositive prisoners; and (12) prisoner privacy rights were violated by publication of their medical status.

We cannot determine from the complaint whether any or all of the allegations that refer to Moore alone are 271 intended to be *271 class-wide. Both the magistrate judge and the district court referred to a prior Mississippi
state court action in which Moore purportedly raised the same issues and concluded that Moore's claims were barred by the res judicata effects of the dismissal of that suit. The state court record is not before us; we cannot address that issue.[13]
Legal Frivolousness
This complaint poses questions nearly identical to those faced by our Eleventh Circuit colleagues in Harris v. Thigpen.[14] Both complaints pose allegations of serious constitutional violations related to the "range of difficult, AIDS-related issues that confront all correctional officials, administrators, policymakers and inmates as they attempt to grapple with the problems engendered by the presence of HIV infection in our nation's prisons and jails." When our colleagues noted the seminal importance of Thigpen, they were not reviewing an appeal from a section 1915(d) dismissal but one following a post-trial judgment. Reflecting the careful record development inherent in a full-blown trial, the lengthy Thigpen opinion details the novelty and difficulty of resolution of the issues. Thigpen does not involve the mere application of well-settled principles of law. Many of the issues with which the Thigpen court struggled are res nova in this circuit.
Applying the Neitzke considerations for testing a finding of legal frivolousness, we conclude that the instant case involves: (1) pro se, in forma pauperis plaintiffs; (2) instances of potentially disputed facts resolved by the district court; (3) potentially erroneous legal conclusions by the district court; and (4) an inability to perform an intelligent appellate review for lack of adequate record development and because of an inadequate statement of reasons for the dismissal. For these reasons Neitzke not only counsels, but commands a reversal of the section 1915(d) dismissal.[15]
Eighth Amendment Deliberate Indifference Considerations
Because of the paucity of the record, any comment that we might make with respect to the merits of the case is subject to the suggestion of speculation. Nonetheless an observation is warranted. Wilson does not require a "smoking gun" in order to find deliberate indifference. Nor does Wilson attempt to define what acts might constitute deliberate indifference. Rather, the Wilson Court reaffirmed that the determination must be made with "due regard for differences in the kind of conduct to which an Eighth Amendment objection is lodged."[16] The Court reaffirmed an earlier holding that "[s]ome conditions of confinement may establish an Eighth Amendment violation `in combination' when each would not do so alone, but only when they have a mutually enforcing effect that produces the deprivation of a single, identifiable human need...."[17]
Segregation and Privacy Rights
Moore's complaint about the abridgment of his right of privacy and the loss of privileges in violation of the fourteenth amendment due process and equal protection components are without merit and the dismissal thereof is affirmed. Prior to the district court's ruling, on the appeal of the temporary injunction ruling,[18] we held that Moore had demonstrated no likelihood of success on the privacy claim. Further, the identification and segregation of HIV-positive prisoners obviously serves a legitimate penological interest.[19]
272 *272 Appointment of Counsel
Thigpen also informs why we believe the district court erred in denying the plaintiffs' motion to appoint counsel under Ulmer v. Chancellor.[20]Thigpen demonstrates beyond cavil that (1) the type and complexity of the issues raised in the complaint are deserving of professional development, (2) the complex subject of HIV-AIDS management in a prison environment is beyond the ability of a mere prisoner to investigate adequately, (3) the

scope of the questions raised and the extensive resources required to pursue properly the issues in this case far exceed the capability and resources of a prisoner, and (4) the apparently essential testimony from experts on HIV-AIDS management in the prison environment will require professional trial skills. We are persuaded that this is an extraordinary case in which appointment of counsel will assist the plaintiffs, the State of Mississippi, and the court in resolving these important unanswered questions. The district court should promptly appoint qualified counsel.
Conclusion
The denial of the motion for the appointment of counsel is REVERSED and counsel is to be appointed. The district court judgment insofar as it dismisses the privacy and loss of privileges claims is AFFIRMED; otherwise the dismissal of the complaint as frivolous is VACATED and the case is REMANDED for further proceedings consistent herewith.
[1] Gowdy apparently has been released from prison. [2] Spears v. McCotter, 766 F.2d 179 (5th Cir. 1985). [3] ___ U.S. ___, 112 S.Ct. 1728, 118 L.Ed.2d 340 (1992). [4] Neitzke v. Williams, 490 U.S. 319, 109 S.Ct. 1827, 104 L.Ed.2d 338 (1989), provided the analogous guidance for a finding of legal frivolousness under section 1915(d). [5] ___ U.S. ___, 111 S.Ct. 2321, 115 L.Ed.2d 271 (1991). [6] Neitzke, 490 U.S. at 329, 109 S.Ct. at 1833. [7] Neitzke, 490 U.S. at 326, 109 S.Ct. at 1832. [8] Neitzke, 490 U.S. at 330, 109 S.Ct. at 1834. [9] Denton, ___ U.S. at ___-___, 112 S.Ct. at 1733-1734, 118 L.Ed.2d at 349-350. [10] Denton, ___ U.S. at ___, 112 S.Ct. at 1734, 118 L.Ed.2d at 350. A section 1915(d) dismissal is not a dismissal on the merits but may have res judicata effect. Id. [11] Id. [12] Denton, ___ U.S. at ___, 112 S.Ct. at 1734, 118 L.Ed.2d at 351. [13] Accord, Denton, ___ U.S. at ___-___, 112 S.Ct. at 1734-1735, 118 L.Ed.2d at 350-351. [14] 941 F.2d 1495 (11th Cir.1991). [15] Neitzke, 490 U.S. at 328-330, 109 S.Ct. at 1833-1834. [16] Wilson, ___ U.S. at ___, 111 S.Ct. at 2326, 115 L.Ed.2d at 281. [17] Wilson, ___ U.S. at ___, 111 S.Ct. at 2327, 115 L.Ed.2d at 283 (emphasis in original). [18] Moore v. Mabus, 931 F.2d 890 (5th Cir. Apr. 16, 1991) (unpublished). [19] Turner v. Safley, 482 U.S. 78, 107 S.Ct. 2254, 96 L.Ed.2d 64 (1987). [20] 691 F.2d 209 (5th Cir.1982).
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[CONTENT] February 8, 1971 | the Mississippi State Penitentiary | Mississippi | 42 | U.S.C. | § | 1981, 1983, | 1985 | 1994 | Penitentiary | the Mississippi Penitentiary Board | the U.S. District Court | the Northern District | Mississippi | Greenville Division ||| the ACLU National Prison Project | First | Eighth | Fourteenth Amendment |||  ||| August 23, 1971 | the U.S. Department of Justice | Civil Rights Division |||  ||| May 15, 1972 | September 13, 1972 | the District Court | William Colbert Keady ||| 349 F. Supp ||| 881 | N.D. | Miss. | 1972 |||  ||| First | Sixth | Eighth | Fourteenth Amendment ||| Court | Court ||| December 5, 1973 | the Fifth Circuit Court of Appeals | Elbert Tuttle | the District Court's ||| 489 | 298 | 5th Cir. 1973 ||| September 9, 1974 | the Fifth Circuit ||| 500 | 5th | 1974 ||| September 20, 1974 | the Fifth Circuit | Tuttle | the District Court's ||| 501 | 5th | 1974 ||| Court ||| Court | January 31, 1975 | the District Court | Keady ||| 390 ||| 482 | N.D. | Miss. | 1975 ||| Court | the Eighth Amendment |||  ||| January 8, 1976 | the Fifth Circuit | the District Court's ||| 525 | 965 | 5th Cir. 1976 ||| November 19, 1976 | the District Court | Keady | the Mississippi Corrections Act ||| 423 | N.D. | Miss. | 1976 ||| Court | three |||  ||| March 18, 1977 | the Fifth Circuit | the District Court ||| 548 | 5th | 1977 ||| June 30, 1978 | the District Court | Keady ||| 454 | N.D. | Miss. | 1978 ||| Court |||  ||| November 8, 1979 | the Fifth Circuit | Joseph Woodrow Hatchett | the District Court's ||| 606 | 115 | 5th | 1979 ||| January 6, 1983 | the District Court | Keady ||| HIV+ ||| HIV+ | Parchman, | Mississippi | HIV+ | the Central Mississippi Correctional Facility | Rankin County | May 29, 1990 | under 42 | 1983 | the Mississippi Department of Corrections | District Court | the Northern District | Mississippi | Greenville Division ||| the ACLU National Prison Project | HIV+ | HIV+ |||  ||| Clearinghouse ||| the 5th Circuit | Gates v. Cook | 376 | 323 | 1998 | the District Court | the Northern District | Mississippi |||  |||  ||| the next few years ||| Court | the next years ||| HIV+ | Court ||| HIV+ ||| July 19, 1999 | HIV+ | PACER |||  |||  ||| The ACLU National Prison Project ||| February 2, 2000 | Court | the ACLU National Prison Project's | HIV+ | ACLU ||| the ACLU National Prison Project | ACLU ||| February 19, 2000 | Court ||| April 30, 2001 | the U.S. Court of Appeals | the February 2, 2000 |||  ||| May of 2000 | many years ||| June of 2000 | Court ||| the same month | Court | one | at least 30 days ||| September of 2000 | Court | $1.8 million | Court | Court | 100,000 | each month ||| October of 2000 | February of 2000 | Court | Court | Court | 500,000 | $1.8 million | 100,000 | each month ||| March 30, 2001 | Court | $1.3 million ||| July 18, 2001 | Givhan v. Puckett</a | Muslim ||| the next few months ||| November 22, 2002 | May 15, 2003 ||| The following year ||| May 21, 2003 | Eighth Amendment | July 7, 2003 ||| the next year | HIV+ | Court | Court | June 4, 2004 ||| November 12, 2004 | Court | the Prison Litigation Reform Act ||| March 31, 2005 | Moore | PLRA ||| HIV+ ||| March 6, 2006 | Court | April 1997 | Court ||| two ||| the next couple of years ||| September 26 and November 5 of 2007 | first | second ||| September 9, 2008 ||| March 10, 2011 | Court | Stevenson | Givhan ||| July 1, 2015 | first ||| Magistrate | David A. Sanders ||| May 29, 2012 ||| roughly 300 ||| 2017 ||| February 25, 2018 | February 28, 2018 ||| the U.S. Court of Appeals | September 20, 2018 |||  [SUMMARY] On February 8, 1971, inmates at the Mississippi State Penitentiary at Parchman, Mississippi filed a class action lawsuit under 42 U.S.C. §§ 1981, 1983, 1985, and 1994, against the Penitentiary, the Mississippi Penitentiary Board and the Governor in the U.S. District Court for the Northern District of Mississippi, Greenville Division.  The plaintiffs, represented by the ACLU National Prison Project and private counsel, asked the court for declaratory and injunctive relief, alleging that conditions and practices in the maintenance, operation and administration of the Parchman facility violated their First, Eighth, Thirteenth and Fourteenth Amendment rights.  Further, the plaintiffs alleged that black inmates were segregated and discriminated against on the basis of their race.

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

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

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

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

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

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

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

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

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

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

Subsequent litigation by HIV+ inmates was consolidated into this case. In that litigation, male HIV+ prisoners housed at Unit 28 of the maximum-security state prison at Parchman, Mississippi, and female HIV+ prisoners housed at the Central Mississippi Correctional Facility in Rankin County, filed a lawsuit on May 29, 1990, under 42 U.S.C. § 1983 against the Mississippi Department of Corrections in the US District Court for the Northern District of Mississippi, Greenville Division. The plaintiffs in that case, represented by the ACLU National Prison Project, alleged that all HIV+ prisoners, regardless of their offense or other classification factors, were housed at the same facility by gender, not allowed to participate in vocational and educational programs, and that living conditions and medical care were inadequate in these HIV+ segregated units. That case was consolidated with this one for having some similar questions of law. For more information on that case, see <ahref="http://www.clearinghouse.net/detail.php?id=798"> Moore v. Fordice</a>, PC-MS-0002, on the Clearinghouse.

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

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

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

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

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

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

This case was consolidated with a few other cases with similar issues whose dockets are not available, and on July 18, 2001, with the <a href=" http://www.clearinghouse.net/detail.php?id=5491 ">Givhan v. Puckett</a> (PC-MS-0004), a case involving a class of Muslim inmates who sought religious freedom in prisons. Over the next few months, many filings were made in the consolidated cases, though the documents and details are not available.

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

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

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

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

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

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