POLICY: Litigation
Denning v. Barbour, United States District Court for the Southern District of Mississippi. Center attorneys serve as local counsel in this December, 2005, class action suit over the Mississippi Division of Medicaid’s hard cap on the program’s prescription drug benefit. The Center’s motion for a preliminary injunction to remove the caps is currently pending.
Ducksworth v. State of Mississippi, United States District Court for the Southern District of Mississippi. Center attorneys represent African-American plaintiffs in this March, 2003, suit over the redistricting of Mississippi Senate District 45 in 2002. Trial was completed on May 2, 2006, and the parties are presently awaiting the three-judge panel’s decision in the case.
Hemba v. Mississippi Department of Corrections, Hinds County Chancery Court. Center attorneys represent a former employee of the Mississippi Department of Corrections in this November, 2005, case over the removal of Department employees from state personnel board protections in July, 2004. The Defendant’s motion to dismiss the case is presently pending.
K.L.W. v. James, United States District Court for the Southern District of Mississippi. Center attorneys served as class co-counsel for youth confined at Columbia Training School in this April, 2004, suit over access to counsel. The suit was settled in January, 2005, by modification of the attorney access policies enforced at both of the state’s training schools by the Mississippi Department of Human Services.
In re John Doe, Mississippi Department of Employment Security Appeals Department. Center attorneys represented an individual with disabilities in this successful December, 2003, appeal of an initial denial of unemployment benefits.
In the Interest of John Doe, a Minor, various County and Chancery Courts statewide. Center attorneys have provided direct representation to over twenty juveniles in youth court proceedings around the state at both the adjudication and post-adjudication levels.
In the Interest of J.S., a Minor, Supreme Court of Mississippi. Center attorneys brought this May, 2004, appeal on behalf of a minor confined at Oakley Training School to challenge an unlawful youth court sentencing practice. The appeal was dismissed as moot in March, 2005.
Morgan v. Sproat, United States District Court for the Southern District of Mississippi. From August, 2003, through March, 2006, Center attorneys served as class co-counsel for youth confined at Oakley Training School in this 1970’s-era conditions of confinement suit. Center attorneys met with youth at the facility every other week to monitor compliance with the permanent injunction entered in the case in 1977.
Reddy v. Holmes County Election Commission, United States District Court for the Southern District of Mississippi. Center attorneys represented the Plaintiffs in this July, 2003, challenge to the manner in which members of the Holmes County School Board were elected. The case was terminated by an agreed order granting the Plaintiffs’ prayer for preliminary and permanent injunctions against the participation of residents of the Durant Public School District in County School Board elections.
Richard v. JRS Management, Inc., County Court of Harrison County. Center attorneys served as co-counsel for the Plaintiff in this September, 2005, case over an eviction occasioned by unlawful lease terms. The case settled in December, 2005.
Vinson v. Barbour, United States District Court for the Southern District of Mississippi. Center attorneys served as local counsel in this September, 2004, class action suit over the attempted termination of the Poverty Level Aged and Disabled category of eligibility from the state Medicaid program. After the Center obtained a preliminary injunction halting the terminations, the case was settled by keeping the PLAD’s on the program’s rolls until the legislature acted to restore coverage in March, 2005.
Brou v. FEMA. In Mississippi MCJ monitors FEMA compliance with the federal calss action filed in Louisinana on behalf of elderly and disabled plaintiffs who were provided with inaccessible trailers, no trailers, or trailers needing simple but critical modifications for the disabled.
Ridgely v. FEMA, United States District Court for the Eastern District of Louisiana. MCJ served as local counsel for Mississippi plaintiffs challenging FEMA's egregious due process violations. The Court issed orders certifying a national class of hurricane survivors and granted preliminary injunctive relief barring FEMA from terminating housing assisntance or seeking repayment of benefits without due process protections.
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