Opinion
NO. 4:20-CV-7-DMB-JMV
11-12-2020
MICHAEL AMOS, et al. PLAINTIFFS v. NATHAN "BURL" CAIN, et al. DEFENDANTS
ORDER
Before the Court are five motions for judicial notice filed by the plaintiffs. Docs. #83 (May 14 Motion), #86 (May 15 Motion), #109 (June 20 Motion), #125 (August 10 Motion), #142 (August 27 Motion). Collectively, the motions ask the Court to take judicial notice of facts which are said to establish seventy-one inmate deaths at Mississippi Department of Corrections facilities between December 29, 2019, and August 25, 2020. The Court's ruling on each motion, and the reasons underlying each ruling, are set forth below.
I
The Law
Federal Rule of Evidence 201 provides that a court may take judicial notice of an "adjudicative fact" if the fact is "not subject to reasonable dispute" in that it is either (1) generally known within the territorial jurisdiction of the trial court or (2) capable of accurate and ready determination by resort to sources whose accuracy cannot be questioned.Doe v. Mckesson, 945 F.3d 818, 833 (5th Cir. 2019) (quoting Fed. R. Evid. 201(b)), vacated on other grounds, No. 19-1108, 2020 WL 6385692 (U.S. Nov. 2, 2020). The burden is on the party seeking judicial notice to show that these requirements have been satisfied. Newman v. San Joaquin Delta Cmty. Coll. Dist., 272 F.R.D. 505, 516 (E.D. Cal. 2011); see 21B Charles Alan Wright & Arthur R. Miller, FEDERAL PRACTICE AND PROCEDURE EVIDENCE § 5108 (2d ed.) ("Rule 201(d) places the burden on the proponent to supply the necessary information.")
Analytically, the facts the plaintiffs seek to have judicially noticed may be broken into four categories: (1) facts related to deaths at Parchman as evidenced by official MDOC press releases; (2) facts related to deaths at Parchman as evidenced by news reports; (3) facts related to deaths at facilities other than Parchman as evidenced by MDOC press releases; and (4) facts related to deaths at facilities other than Parchman as evidenced by news reports. The facts themselves may be divided into three categories—facts concerning alleged deaths at MDOC facilities (e.g., "On January 1, 2020, Walter Earl Gates was killed at ... Parchman"), statements made by MDOC regarding those deaths (e.g., "On December 29, 2019, according to [MDOC] Terrandance Dobbins was killed at South Mississippi Correctional Institution in a "major disturbance."), and statements made by non-MDOC persons regarding those deaths (e.g., "According to Sunflower County Coroner Heather Burton, Denorris died from neck injuries after fight with cellmate.").
Doc. #84 at 1.
Id.
Id.
A. Adjudicative Facts
Adjudicative facts are those facts which are relevant to the disposition of the case. See Usery v. Tamiami Trail Tours, Inc., 531 F.2d 224, 244 n.52 (5th Cir. 1976) (Brown, C.J., concurring) ("Adjudicative facts are the peculiar facts relevant to the particular case in controversy ...."); Dippin' Dots, Inc. v. Frosty Bites Distrib., LLC, 369 F.3d 1197, 1204 (11th Cir. 2004) ("Adjudicative facts are facts that are relevant to a determination of the claims presented in a case."); United States v. Gilkerson, 556 F.3d 854, 855 n.2 (8th Cir. 2009) ("Adjudicative facts are facts relevant to the case currently before the court."). Facts are relevant if they have "any tendency to make a fact more or less probable than it would be without the evidence" and "the fact is of consequence in determining the action." Fed. R. Evid. 401.
However, "[c]aution must also be taken to avoid admitting evidence, through the use of judicial notice, in contravention of the ... hearsay rules." American Prairie Constr. Co. v. Hoich, 560 F.3d 780, 797 (8th Cir. 2009); see United States v. Greene, 210 F.3d 373 (6th Cir. Apr. 7, 2000) (unpublished table decision) (affirming district court's decision that "because ... letters and emails [were] hearsay [they were] not adjudicative facts"); see generally Johnson v. Spencer, 950 F.3d 680, 705 (10th Cir. 2020) ("The overarching concern with taking notice of judicial records for 'the truth of the matter asserted' is the improper admission of hearsay."). In this sense, adjudicative facts must be admissible for the purpose offered. In re NewStarcom Holdings, Inc., 547 B.R. 106, 136 (Bankr. D. Del. 2016); see generally Wooden v. Mo. Pac. R.R. Co., 862 F.2d 560, 563 (5th Cir. 1989) (affirming denial of judicial notice where facts to be noticed "would only confuse the jury").
There is some confusion as to what role the Federal Rules of Evidence play in the judicial notice inquiry. "Some courts have refused to take judicial notice when the information fails to satisfy other Rules [of Evidence]." United States v. Mitrovic, 890 F.3d 1217, 1225 n.8 (11th Cir. 2018) (collecting cases). "Other courts have treated the inquiry as twofold: (1) is the information subject to judicial notice; and if so, (2) is the information admissible." Id. (collecting cases). The Eleventh Circuit has expressly adopted the latter approach. While both approaches would produce the same result (exclusion of evidence which would be inadmissible for the purpose offered), the second approach seems contrary to the plain language of Rule 201, which states that a court "must take judicial notice if a party requests it and the court is supplied with the necessary information." Fed. R. Evid. 201(c)(2) (emphasis added). Because Rule 201 requires a court to take judicial notice when the requirements for doing so have been met, it would be improper to tack on a second inquiry of admissibility. Rather, it seems to this Court that admissibility should be considered as a part of the adjudicative fact inquiry.
In their amended complaint, the plaintiffs assert Eighth Amendment claims, through the vehicle of 42 U.S.C. § 1983, based on allegations that the defendants have created substantial risks of serious harm, injury, and death by: (1) maintaining "dangerous environmental conditions, including, but not limited to, vermin, exposure to mold and other toxic substances that endanger health, filthy cells and fixtures, broken plumbing, inoperable lighting, lack of electricity, and inadequate ventilation," Doc. #22 at 19; (2) "failing to protect [the plaintiffs] from violence, ignoring, by act or omission emergency situations, and enabling violent attacks within prison walls," id. at 21; (3) "providing inadequate nourishment to maintain health and serving food in an unsanitary and unsafe manner," id. at 22; (4) providing "inadequate medical care, including dental care, optical care, and other health-related services," id. at 23; and (5) providing inadequate mental health care, id. at 26. The plaintiffs seek various forms of injunctive and declaratory relief against the Commissioner of the Mississippi Department of Corrections and the Superintendent of Parchman, both in their official capacities. Id. at 27-28.
As explained more below, the plaintiffs seek to utilize judicial notice to establish the facts and circumstances of the various deaths. The Court must, therefore, determine whether the facts and circumstances are relevant as argued by the plaintiffs. Furthermore, as mentioned above, the facts requested to be judicially noticed are not only facts of the deaths but also statements by MDOC and non-MDOC officials about the facts of the deaths. Insofar as the relevance of these statements depend on the truth of the matters asserted, the facts of such statements may only be deemed adjudicative facts if they are not excludable under the rule against hearsay. Hoich, 560 F.3d at 797.
1. Relevance
The Eighth Amendment requires prison officials to provide humane conditions of confinement with due regard for inmate health and safety. To show a violation, inmates must prove that they were exposed to a substantial risk of serious harm and that prison officials acted or failed to act with deliberate indifference to that risk.Valentine v. Collier, 978 F.3d 154, 2020 WL 6039993, at *5 (5th Cir. 2020) (cleaned up). "The presence of a substantial risk is an objective inquiry. Deliberate indifference, however, is subjective; it requires a showing that prison officials had actual knowledge of a risk and disregarded it." Id. (citation omitted).
Where, as here, a plaintiff seeks injunctive relief against state officials in their official capacities, "the plaintiff must identify a practice, policy, or procedure that animates the constitutional violation at issue." Ariz. Students' Ass'n v. Ariz. Bd. of Regents, 824 F.3d 858, 865 (9th Cir. 2016) (citing Hafer v. Melo, 502 U.S. 21, 25 (1991)). For the official capacity claim to succeed, the policy or practice must have been "implemented with deliberate indifference to the known or obvious consequences that constitutional violations would result." Alvarez v. City of Brownsville, 904 F.3d 382, 390 (5th Cir. 2018) (internal quotation marks omitted). In this sense, to be relevant, the judicially noticed facts sought here must relate to: (1) whether the plaintiffs were exposed to a substantial risk of serious harm; (2) whether the prison officials acted with deliberate indifference; or (3) whether the alleged constitutional violations were caused by a custom or policy that was implemented with deliberate indifference.
Because the Mississippi Department of Corrections is an arm of the state, actions against MDOC's Commissioner and the Superintendent of Parchman in their official capacities are considered actions against the state. Wilkins v. Miss. Dep't of Corrs., No. 4:17-CV-137, 2020 WL 3490063, at *3 (N.D. Miss. June 26, 2020).
The plaintiffs argue that deaths at MDOC facilities are relevant "to the agency's disposition (deliberate indifference) as well as its custom or policies related to security, medical treatment, and environmental conditions effecting Plaintiffs." Doc. #97 at 2. They further argue that the deaths at Parchman are relevant because "the mental and physical impact of witnessing death and killing weighs greatly on the Plaintiffs" and that the non-Parchman deaths are relevant because "the medical provider for every MDOC facility is the same and functions under a singular operating procedure." Doc. #144 at 2.
First, the plaintiffs offer no specific argument as to how or why the facts sought to be judicially noticed would be relevant to proving a custom or official policy of the defendants. Indeed, none of the facts sought to be judicially noticed involve conduct on the part of the defendants. The facts of the deaths would thus have no bearing on whether the defendants maintained (or are maintaining) an official policy or custom. See Cadena v. El Paso Cnty, 946 F.3d 717, 728 (5th Cir. 2020) (to establish an official policy or practice, a plaintiff must show "either written policy statements, ordinances, or regulations or a widespread practice that is so common and well-settled as to fairly represent municipal policy that was the moving force behind the violation") (cleaned up).
Second, the plaintiffs have offered nothing to suggest that any of the named plaintiffs witnessed the deaths at issue. Even if the plaintiffs witnessed the deaths, the plaintiffs have offered no argument as to how or why the alleged impact of the deaths would be relevant to their claims, which involve no requests for monetary damages. Accordingly, the Court finds these claims of relevance to be without merit.
To the extent the plaintiffs seek injunctive relief based on allegedly ongoing constitutional violations at Parchman, the current conditions at Parchman are certainly relevant. Accordingly, the ongoing deaths at Parchman are relevant to the extent the deaths would tend to show that prison officials are subjectively aware that the plaintiffs are being exposed to substantial risks of harm, including death. See Farmer v. Brennan, 511 U.S. 825, 845 (1994) (deliberate indifference for Eighth Amendment claims for injunctive relief "should be determined in light of the prison authorities' current attitudes and conduct, their attitudes and conduct at the time suit is brought and persisting thereafter") (citation omitted). Similarly, incidents at other facilities may also establish deliberate indifference when the same policies are in place at those facilities such that the incidents "should ... have alerted [a policy maker] to the inadequacy" of the policies. Cash v. Cnty. of Erie, 654 F.3d 324, 336 (2d Cir. 2011); see Shadrick v. Hopkins Cnty., 805 F.3d 724, 744 (6th Cir. 2015) ("[E]vidence about similar incidents of inmate deaths in jail facilities served by SHP may be relevant to whether SHP acted with deliberate indifference ...."). However, "[p]rior incidents ... must involve facts substantially similar to those at hand in order to be relevant to a deliberate-indifference claim." Shehada v. Tavss, 965 F. Supp. 2d 1358, 1374 (S.D. Fla. 2013). Additionally, deaths at a facility due to inmate assault may be relevant to whether plaintiffs are being exposed to conditions which carry a substantial risk of harm from inmate assaults. See generally Vandevender v. Sass, 970 F.3d 972, 978 (8th Cir. 2020) (plaintiff may show risk of serious harm due to inmate assaults by showing prior similar incidents).
Based on the above, the Court concludes that the deaths caused by assault at Parchman are relevant to the existence of a substantial risk of serious harm and to whether the defendants have responded with deliberate indifference to such a risk. Id. The other deaths at Parchman may be relevant to the issue of deliberate indifference but only to the extent they involve facts "substantially similar to those at hand," Tavss, 965 F. Supp. 2d at 1374, that is, to the extent they were caused by allegedly unconstitutional conditions. Likewise, the deaths at MDOC facilities other than Parchman may also be relevant to the issue of deliberate indifference but only to the extent the allegedly unconstitutional policies were in place at those facilities and the deaths were caused by those policies.
Based on the parties' briefing, the Court cannot conclude to what extent the requested facts (other than the assaults at Parchman) satisfy the above standards. However, taking judicial notice is simply a form of admitting evidence. See Veasey v. Abbott, 888 F.3d 792, 815 (5th Cir. 2018) ("The district court was correct to ignore this ... evidence, given our instruction that no new evidence be admitted (which would necessarily include evidence admitted by way of judicial notice).") (Graves, J., concurring in part). And "[w]hen the relevance of evidence depends on whether a fact exists ... [t]he court may admit the proposed evidence on the condition that the proof be introduced later." Fed. R. Evid. 104(b). Under these circumstances, the Court will, in the exercise of its discretion, deem the facts unrelated to attacks at Parchman conditionally relevant such that if they satisfy the other requirements of Rule 201, they will be judicially noticed with the condition that their relevance be proved later.
2. Hearsay
The plaintiffs seek judicial notice of facts about deaths and statements about facts of deaths. The latter category implicates the rule against hearsay which, as a general matter, "bars the admission of any statement, other than one made by the declarant while testifying at the trial or hearing, offered in evidence to prove the truth of the matter asserted." United States v. Noria, 945 F.3d 847, 852 (5th Cir. 2019) (internal quotation marks omitted). However, a statement is not hearsay if it is offered against an opposing party and the statement was made "by the party's agent or employee on a matter within the scope of that relationship and while it existed." Fed. R. Evid. 801(d)(2).
Here, as explained above, the plaintiffs seek judicial notice of two categories of statements—statements made by MDOC and statements made by non-MDOC officials. The plaintiffs seek judicial notice of these statements for the purpose of proving the truth of the matter asserted. Accordingly, the statements may not be considered adjudicative facts unless they are either excluded from the definition of hearsay under Rule 801, or otherwise fall within the various exceptions to the hearsay rule under Rule 803.
The first of the categories—statements by MDOC officials—seem to fall squarely within the admission of the party opponent exclusion from the hearsay definition. See Libertad v. Welch, 53 F.3d 428, 443 n.12 (1st Cir. 1995) ("The press release is not hearsay, but admissible evidence as an admission of a party-opponent."). Such statements, therefore, may properly be considered adjudicative facts (to the extent relevant as described above). However, the second category is indisputably hearsay and the plaintiffs have failed to point to any applicable exceptions. Accordingly, because such statements would not be admissible to prove the truth of the matter asserted, they may not be considered adjudicative facts. See Spencer, 950 F.3d at 705.
B. Capable of Accurate and Ready Determination
A fact can be accurately determined if the source provides a clear statement of the fact. 21B Charles Alan Wright & Arthur R. Miller, FEDERAL PRACTICE AND PROCEDURE EVIDENCE § 5106.1 (2d ed.). A fact can be readily determined if the "source ... provide[s] an 'immediate determination'" of the fact and if the source is "readily accessible." Id. Put differently, this requirement demands that the fact to be judicially noticed is clearly stated in the source and that the source itself is accessible. There is no dispute that each of the sources may be deemed accessible under this rule. However, as explained below, some of the facts requested to be judicially noticed are not ascertainable from the cited source. Such requests must be denied in this respect.
C. Source Whose Accuracy Cannot be Questioned
The proponent of the fact sought to be judicially noticed must show "the accuracy of the source ... by some method independent of the source itself." 21B Charles Alan Wright & Arthur R. Miller, FEDERAL PRACTICE AND PROCEDURE EVIDENCE § 5106.2 (2d ed.). There are two sources involved in this case—newspaper articles and MDOC press releases.
Newspaper articles are "seldom" considered satisfactory sources under Rule 201. Id. "When courts have taken judicial notice of contents of news articles, they have done so for proof that something is publically [sic] known, not for the truth of the article's other assertions." The Estate of Lockett ex rel. Lockett v. Fallin, 841 F.3d 1098, 1111 (10th Cir. 2016). This Court agrees that a newspaper article is not a source whose accuracy cannot be questioned. Accordingly, the requests for judicial notice premised on statements in newspaper articles must be denied.
Unlike newspaper articles, "[a] press release is a source whose accuracy cannot reasonably be questioned," at least with respect "to the fact that the statements contained therein were made." Christa McAuliffe Intermediate Sch. PTO, Inc. v. de Blasio, 364 F. Supp. 3d 253, 262 (S.D.N.Y.) (internal quotation marks omitted), aff'd, 788 F. App'x 85 (2d Cir. 2019). However, as with newspaper articles, courts have routinely declined to take judicial notice of press releases, even those from public agencies, for the truth of the matter asserted. See Gerritsen v. Warner Bros. Ent. Inc., 112 F. Supp. 3d 1011, 1029-30 (C.D. Cal. 2015) ("[T]o the extent the court can take judicial notice of press releases and news articles, it can do so only to indicate what was in the public realm at the time, not whether the contents of those articles were in fact true.") (internal quotation marks omitted) (collecting cases); N.M. ex rel. Balderas v. Real Est. L. Ctr., P.C., 430 F. Supp. 3d 761, 873 n.95 (D.N.M. 2019) ("Courts do not even take judicial notice of another courts' factual findings, because those findings do not satisfy the not-subject-to-reasonable-dispute requirement. The Court sees even less reason to take judicial notice of the Attorney General of California's and the FTC's findings in public, and possibly politically motivated, press release and consumer warning.") (citations omitted); Ying Li v. City of New York, 246 F. Supp. 3d 578, 599 (E.D.N.Y. 2017) ("[I]t appears that Plaintiff named some of these individual Defendants because they were listed as having supervisory roles in the Queens County District Attorney's press release (dated March 12, 2008). Even though the Court takes judicial notice of the press release, as noted, it does not take judicial notice of the press release for the truth of its contents ....") (record citation omitted). Accordingly, the third requirement is satisfied only to the extent the plaintiffs seek judicial notice based on MDOC press releases to establish the fact that MDOC made specific statements.
D. Summary
In summary, the requests for judicial notice will be (1) granted to the extent the plaintiffs seek judicial notice of statements attributed to MDOC regarding deaths by assault at Parchman, provided those statements appear in MDOC press releases; (2) conditionally granted to the extent the plaintiffs seek judicial notice of statements attributed to MDOC regarding deaths at other facilities and deaths at Parchman not caused by assault, provided those statements appear in MDOC press releases; and (3) denied in all other respects.
II
May 14 Motion
The May 14 Motion will be granted in part, conditionally granted in part, and denied in part, as set forth in the table below.
| Request | Source | Ruling |
|---|---|---|
| On December 29, 2019, according to theMississippi Department of Corrections("MDOC"), Terrandance Dobbins waskilled at South Mississippi CorrectionalInstitution in a "major disturbance." | Clarion LedgerArticle | Denied because the source'saccuracy can be questioned. |
| On January 1, 2020, Walter Earl Gateswas killed at Mississippi StatePenitentiary at Parchman. According tothe Sunflower County Coroner HeatherBurton, Walker died of multiple stabwounds. | Clarion LedgerArticle | Denied because the source'saccuracy can be questioned. |
| On January 2, 2020, according toChickasaw County Sheriff Jim Meyers,Gregory Emary was killed in a fight atChickasaw County RegionalCorrectional Facility. | WTVA Article | Denied because the source'saccuracy can be questioned. |
| On January 2, 2020, Roosevelt Hollimanwas killed at Mississippi StatePenitentiary at Parchman. According toSunflower County Coroner HeatherBurton, Roosevelt was stabbed to deathin a "gang fight." | Clarion LedgerArticle | Denied because the source'saccuracy can be questioned. |
| On January 3, 2020, Denorris Howellwas killed at Mississippi StatePenitentiary at Parchman. According toSunflower County Coroner HeatherBurton, Denorris died from neck injuriesafter fight with cellmate. | Clarion LedgerArticle | Denied because the source'saccuracy can be questioned. |
| On January 8, 2020, Parchman inmateA.D. Mills died at Merit HealthClarksdale Hospital. Alleged byCoahoma County Coroner ScottyMeredith, A.D. died of undefined"natural causes" | Clarion LedgerArticle | Denied because the source'saccuracy can be questioned. |
| On January 18, 2020, Gabriel Carmenwas found dead at Mississippi StatePenitentiary at Parchman. Alleged by theMDOC, Gabriel's cause of death was asuicide in an apparent hanging. | Clarion LedgerArticle | Denied because the source'saccuracy can be questioned. |
| On January 20, 2020, Timothy Hudspethwas killed at Mississippi StatePenitentiary at Parchman. According tothe MDOC, Timothy died of blunt forcebeating injuries after fight with otherinmates. | MDOC PressRelease | Granted as to the existence ofMDOC's statement thatHudspeth suffered injuriesfollowing an altercation withother inmates. Denied to theextent there is no statement thatthe injuries were blunt force.Denied as to the truth of thematter asserted. |
| On January 20, 2020, James Talley waskilled at Mississippi State Penitentiary atParchman. According to the MDOC,James died of blunt force beating injuriesafter fight with other inmates. | MDOC PressRelease | Granted as to the existence ofMDOC's statement that Talleysuffered fatal injuries followingan altercation. Denied as to thestatement regarding blunt forcebeating injuries because thestatement in the press release isattributed to the SunflowerCounty Coroner, not MDOC.Denied as to the truth of thematter asserted. |
| On January 22, 2020, Thomas Lee wasfound dead at Mississippi StatePenitentiary. Alleged by the MDOC,Thomas's cause of death was an apparentsuicide via hanging. | MDOC PressRelease | Conditionally granted as to theexistence of MDOC's statement.Denied as to the truth of thematter asserted. |
| On January 25, 2020, Jermaine Tyler wasfound dead at Marshall CountyCorrectional Facility. Alleged by theManagement and Training Corporation("MTC"), the private company that runsthe prison, Jermaine was foundunresponsive and there were no apparentsigns of foul play. | Clarion LedgerArticle | Denied because the source'saccuracy can be questioned. |
|---|---|---|
| On January 26, 2020, Joshua Normanwas found dead at Mississippi StatePenitentiary. Alleged by the MDOC,Norman's cause of death was an apparentsuicide via hanging. | MDOC PressRelease | Denied as to the existence ofMDOC's statement because thestatement in the press release isattributed to a county coroner, notMDOC. Denied as to the truthof the matter asserted. |
| On January 28, 2020, Limarion Reavescollapsed and died at Kemper-NeshobaRegional Correctional Facility.According to the MDOC, Limarion'scause of death is undetermined pendingan autopsy report conducted by the Stateof Mississippi. | MDOC PressRelease | Conditionally granted as to theexistence of MDOC's statementregarding the cause of death.Denied as to the truth of thematter asserted. |
| On January 30, 2020, Nora Ducksworthdied at Marshall County CorrectionalFacility. Alleged by the MTC, Nora'scause of death was apparent naturalcauses with no foul play suspected. | Clarion LedgerArticle | Denied because the source'saccuracy can be questioned. |
|---|---|---|
| On February 2, 2020, Jesus Garcia wasfound dead at Wilkinson CountyCorrectional Facility. Alleged by theMTC, Jesus was found unresponsive in acell, with no signs of assault. | Clarion LedgerArticle | Denied because the source'saccuracy can be questioned. |
| On February 10, 2020, James AllenBrown died at the hospital at theMississippi State Penitentiary atParchman. Alleged by the MDOC, nofoul play was suspected, with an autopsyconducted by the State of Mississippipending. | MDOC PressRelease | Denied as to the existence ofMDOC's statement because thestatement in the press release isattributed to a county coroner, notMDOC. Denied as to the truthof the matter asserted. |
| On February 15, 2020, CentralMississippi Correctional Inmate, BobbyLewis Vance, died at Merit HealthHospital in Jackson, Mississippi. Allegedby the MDOC, no foul play wassuspected, with an autopsy conducted bythe State of Mississippi pending. | MDOC PressRelease | Conditionally granted as to theexistence of MDOC's statementregarding the cause of death.Denied as to the truth of thematter asserted. |
| On February 16, 2020, David Lee Maywas found dead at Central MississippiCorrectional Facility. Alleged by theMDOC, no signs of injury to the bodywere recorded, with an autopsyconducted by the State of Mississippipending. | MDOC PressRelease | Conditionally granted as to theexistence of MDOC's statementregarding the cause of death.Denied as to the truth of thematter asserted. |
| On February 27, 2020, alleged by theMDOC, Central Mississippi Correctionalinmate, Omar Beard, died at MeritHealth Rankin of undetermined "naturalcauses." | MDOC PressRelease | Conditionally granted as to theexistence of MDOC's statementother than the date of death,which is alleged to be February26, 2020. Denied as to the truthof the matter asserted. |
| On February 28, 2020, two inmates, PaulJoseph Capps and Timothy Sharp, died inthe hospital at the Mississippi StatePenitentiary at Parchman. Alleged by theMDOC, both deaths were due toundetermined natural causes, with anautopsy conducted by the State ofMississippi pending. | MDOC PressRelease | Conditionally granted as to theexistence of MDOC's statementthat two deaths occurred.Denied as to the identification ofthe inmates because the inmateswere unidentified in the pressrelease. Denied as to the truth ofthe matter asserted. |
| On March 2, 2020, Grayland Cox, whowas serving a six-year sentence with anenhanced penalty for selling cocaine,died at Merit Health Central Jackson.Cox was incarcerated at Marshall CountyCorrectional Facility. According to theMDOC, no foul play is suspected | MDOC PressRelease | Conditionally granted as to theexistence of MDOC's statement.Denied as to the truth of thematter asserted. |
| On March 2, 2020, Patricia Wilhite diedat Baptist Memorial Center in Jackson.She was an inmate at Central MississippiCorrectional Facility in Rankin County.According to the MDOC, no foul play issuspected in her death, but the officialcause will be determined by autopsy | MDOC PressRelease | Conditionally granted as to theexistence of MDOC's statement.Denied as to the truth of thematter asserted. |
| On March 4, 2020, Lee R. Clemmer Jr.,who was serving eight years for two drugconvictions, died in Unit 42 at theMississippi State Penitentiary atParchman. According to the MDOC, nofoul play is suspected as Clemmer wasbeing treated for a terminal disease. | MDOC PressRelease | Conditionally granted as to theexistence of MDOC's statementthat Clemmer died in Unit 42 andthat foul play was not suspected.Denied as to MDOC statementthat Clemmer was being treatedfor a terminal disease, whichstatement does not appear in thepress release. Denied as to thetruth of the matter asserted. |
| On March 7, 2020, Mississippi StatePenitentiary at Parchman Inmate, WillieC. Booker, died at Baptist MemorialHospital in Oxford, Mississippi.According to the MDOC, foul play is notsuspected and the cause and manner ofdeath are pending the results of anautopsy. | MDOC PressRelease | Conditionally granted as to theexistence of MDOC's statement.Denied as to the truth of thematter asserted. |
| On March 9, 2020, David W. Parvin diedat the Central Mississippi CorrectionalFacility. According to the MDOC, foulplay was not suspected in the inmate'sdeath. An autopsy will determine theofficial cause and the manner of death. | MDOC PressRelease andWJTV Article | Denied to the extent it relies on anewspaper article. Otherwiseconditionally granted as to theexistence of MDOC's statementand denied as to the truth of thematter asserted. |
|---|---|---|
| On March 12, 2020, Michael Robertsondied at the Mississippi State Penitentiaryat Parchman. According to the MDOC,Robertson was allegedly foundunconscious in his cell in Unit 30 duringthe afternoon count. An autopsy willdetermine the cause and official mannerof death. | MDOC PressRelease andWLBT Article | Denied to the extent it relies on anewspaper article. Otherwiseconditionally granted as to theexistence of MDOC's statementand denied as to the truth of thematter asserted. |
| On March 19, 2020, Lamar Kitchensdied at the hospital at the MississippiState Penitentiary at Parchman.According to the MDOC, no foul play issuspected in his death. An autopsy willdetermine the official cause and themanner of death. | WLBT Article | Denied because the source'saccuracy can be questioned. |
|---|---|---|
| On March 21, 2020, Try MichaelDaughtery died at South MississippiCorrectional Institution. According tothe MDOC, Daughtery was allegedlyfound unconscious in his bed thatevening, foul play was not suspected inthe inmate's death. An autopsy willdetermine the cause and official mannerof death. | Clarion LedgerArticle | Denied because the source'saccuracy can be questioned. |
III
May 15 Motion
The May 15 Motion will be conditionally granted in part and denied in part, as set forth in the table below.
| Request | Source | Ruling |
|---|---|---|
| On March 30, 2020, according to theMississippi Department of Corrections("MDOC"), Joseph Phillip Knowles diedat the Greene County Hospital. | MDOC PressRelease | Conditionally granted as to theexistence of MDOC's statement.Denied as to the truth of thematter asserted. |
| On April 1, 2020, according to MDOC,David Young died at a hospital in Jacksonafter an altercation with his cellmate. | MDOC PressRelease | Conditionally granted as to theexistence of MDOC's statement.Denied as to the truth of thematter asserted. |
| On April 5, 2020, according to MDOC,Mary Jewell died at Merit Health Centralin Jackson, Mississippi. | MDOC PressRelease | Conditionally granted as to theexistence of MDOC's statement.Denied as to the truth of thematter asserted. |
| On April 11, 2020, according to MDOC,Earl Lee Dycus died at the Delta RegionalMedical Center. | MDOC PressRelease | Conditionally granted as to theexistence of MDOC's statement.Denied as to the truth of thematter asserted. |
| On April 18, 2020, according to MDOC,Richard Rimmer died in the hospital at theMississippi State Penitentiary atParchman. | MDOC PressRelease | Conditionally granted as to theexistence of MDOC's statement.Denied as to the truth of thematter asserted. |
| On April 23, 2020, according to MDOC,Linnon McClendon died in the hospital atthe Mississippi State Penitentiary atParchman. | MDOC PressRelease | Conditionally granted as to theexistence of MDOC's statement.Denied as to the truth of thematter asserted. |
| On April 30, 2020, according to MDOC,Darrell Hugh King died at a Jacksonhospital. King had been hospitalized forseveral days at Merit Health Central. | MDOC PressRelease | Conditionally granted as to theexistence of MDOC's statement.Denied as to the truth of thematter asserted. |
| On May 2, 2020, according to MDOC,Rodney Brown died at Greene CountyHospital after falling ill in his housingarea. | MDOC PressRelease | Conditionally granted as to theexistence of MDOC's statement.Denied as to the truth of thematter asserted. |
| On May 4, 2020, according to MDOC,Darryl J. Swanier died at Delta RegionalMedical Center. Swanier had beenhospitalized at the prison hospital forseveral days before being moved to DeltaRegional Hospital. | MDOC PressRelease | Conditionally granted as to theexistence of MDOC's statement.Denied as to the truth of thematter asserted. |
| On May 11, 2020, according to MDOC,Robert Floyd McGuire was foundunresponsive on his rack at theMississippi State Penitentiary. He wastaken to the prison hospital, where he waspronounced dead. | MDOC PressRelease | Conditionally granted as to theexistence of MDOC's statement.Denied as to the truth of thematter asserted. |
| On May 12, 2020, according to MDOC,Timmy Terrell Harden died at the hospitalat the Mississippi State Penitentiary atParchman. | MDOC PressRelease | Conditionally granted as to theexistence of MDOC's statement.Denied as to the truth of thematter asserted. |
IV
June 20 Motion
The June 20 Motion will be conditionally granted in part and denied in part, as set forth in the table below.
| Request | Source | Ruling |
|---|---|---|
| On May 16, 2020, according to theMississippi Department of Corrections,Robert Bond, Jr. (MDOC #50131), age51, was pronounced dead. | MDOC PressRelease | Conditionally granted as to theexistence of MDOC's statement.Denied as to the truth of thematter asserted. |
| On May 18, 2020, according to theMississippi Department of Corrections,Huey Evans (MDOC #117043), age 69,was pronounced dead. | MDOC PressRelease | Conditionally granted as to theexistence of MDOC's statement.Denied as to the truth of thematter asserted. |
| On May 30, 2020, according to theMississippi Department of Corrections,William Sharp (MDOC #04466), age 50,died after being found unresponsive in hiscell. | MDOC PressRelease | Conditionally granted as to theexistence of MDOC's statement.Denied as to the truth of thematter asserted. |
| On June 1, 2020, according to theMississippi Department of Corrections,Harold Ramsey (MDOC #61845), aninmate housed at Parchman, age 62, diedat the Delta Regional Medical Center inGreenville, Mississippi. | MDOC PressRelease | Conditionally granted as to theexistence of MDOC's statement.Denied as to the truth of thematter asserted. |
| On June 5, 2020, according to theMississippi Department of Corrections,Jessie Minnifield (MDOC #33279), aninmate receiving specialty care, age 75,died. | MDOC PressRelease | Conditionally granted as to theexistence of MDOC's statement.Denied as to the truth of thematter asserted. |
| On June 7, 2020, according to theMississippi Department of Corrections,Deborah Patton (MDOC #190938), age41, died. | MDOC PressRelease | Conditionally granted as to theexistence of MDOC's statement.Denied as to the truth of thematter asserted. |
| On June 15, 2020, according to theMississippi Department of Corrections,Andre Donnell Christian Cooper (MDOC#190938), age 31, died having been foundunresponsive in his cell. | MDOC PressRelease | Conditionally granted as to theexistence of MDOC's statement.Denied as to the truth of thematter asserted. |
| On June 19, 2020, according to theMississippi Department of Corrections,Philip E. Adelsheimer (MDOC #210636),age 30, died having been foundunresponsive in his cell. | MDOC PressRelease | Conditionally granted as to theexistence of MDOC's statement.Denied as to the truth of thematter asserted. |
V
August 10 Motion
The August 10 Motion will be conditionally granted in part and denied in part, as set forth in the table below.
| Request | Source | Ruling |
|---|---|---|
| On June 29, 2020, according to theMississippi Department of Corrections,Herman David Wiley, (MDOC #R8965),age 58, died at Merit Health Central inJackson, Mississippi. | MDOC PressRelease | Conditionally granted as to theexistence of MDOC's statement,except for the date of death,which is represented in the pressrelease to have been June 27,2020. Denied as to the truth ofthe matter asserted. |
| On July 1, 2020, according to theMississippi Department of Corrections,Craig Brown, (MDOC # R0283), age 55,was pronounced dead after not respondingto resuscitation efforts. | MDOC PressRelease | Conditionally granted as to theexistence of MDOC's statement.Denied as to the truth of thematter asserted. |
| On July 9, 2020, according to theMississippi Department of Corrections,Bobby Neil McFalls, (MDOC #31948),age 64, housed at the Mississippi StatePenitentiary at Parchman died. | MDOC PressRelease | Conditionally granted as to theexistence of MDOC's statement,except for the date of death,which is represented in the pressrelease to have been July 8, 2020.Denied as to the truth of thematter asserted. |
| On July 13, 2020, according to theMississippi Department of Corrects [sic],Owen Nelson, (MDOC # 44870), age 57,housed at the Mississippi StatePenitentiary, died at Allegiance SpecialtyHospital of Greenville. | MDOC PressRelease | Conditionally granted as to theexistence of MDOC's statement.Denied as to the truth of thematter asserted. |
| On July 14, 2020, according to theMississippi Department of Corrections,Preston Ray Johnson, (MDOC # 177524),age 33, was pronounced deceased afterbeing found unresponsive in his cell. | MDOC PressRelease | Conditionally granted as to theexistence of MDOC's statement.Denied as to the truth of thematter asserted. |
| On July 22, 2020, according to theMississippi Department of Corrections,Nathaniel Bryan Taylor, (MDOC #143112), age 32, was pronounced dead atthe Greene County Hospital. | MDOC PressRelease | Conditionally granted as to theexistence of MDOC's statement.Denied as to the truth of thematter asserted. |
| On August 3, 2020, according to theMississippi Department of Corrections,Brandon Flowers, (MDOC # T2244), age42, was pronounced dead at AllegianceSpecialty Hospital in Greenville,Mississippi. | MDOC PressRelease | Conditionally granted as to theexistence of MDOC's statement,except for the date of death,which is represented in the pressrelease to have been August 2,2020. Denied as to the truth ofthe matter asserted. |
| On August 7, 2020, according to theMississippi Department of Corrections,Antonio D. Hay, (MDOC # 45748), age54, died. | Clarion LedgerArticle | Denied because the source'saccuracy can be questioned. |
|---|---|---|
| On August 7, 2020, according to theMississippi Department of Corrections,Melvin Earl Thomas, (MDOC # 31892),age 66, died. | U.S. News &World ReportArticle | Denied because the source'saccuracy can be questioned. |
| On August 8, 2020, according to theMississippi Department of Corrections,J.C. Ormand, (MDOC # 56747), age 91,housed at the Mississippi StatePenitentiary at Parchman, died. | U.S. News &World ReportArticle | Denied because the source'saccuracy can be questioned. |
| On August 8, 2020, according to theMississippi Department of Corrections,Carl Shane Cox, (MDOC # 217254), age48, died. | U.S. News &World ReportArticle | Denied because the source'saccuracy can be questioned. |
VI
August 27 Motion
The August 27 Motion will be denied, as set forth in the table below.
| Request | Source | Ruling |
|---|---|---|
| On August 12, 2020, according to theMississippi Department of Corrections,Lester Andre Henderson, age 36, housedat Tallahatchie County CorrectionalFacility, died as a result of an attack. | The DispatchArticle | Denied because the source'saccuracy can be questioned. |
| On August 13, 2020, according to theMississippi Department of Corrections,Michael Gene Ray, (MDOC #136799),age 64, housed at the Mississippi StatePenitentiary at Parchman, died in theprison hospital. | The DispatchArticle, andDoc. #128-4 atPageID #8999(which doesnot appear tosupport) | Denied because the source'saccuracy can be questioned. |
| On August 15, 2020, according to theMississippi Department of Corrections,Woodrow Winchester (MDOC # T0274),age 64, housed at the Mississippi StatePenitentiary at Parchman died at MeritHealth Central in Jackson, Mississippi. | Clarion LedgerArticle | Denied because the source'saccuracy can be questioned. |
| On August 16, 2020, according to theMississippi Department of Corrections,Joe Taylor Jr., (MDOC # 193526), age 69,housed at the Mississippi StatePenitentiary at Parchman, died at theNorthwest Mississippi Regional MedicalCenter in Clarksdale, Mississippi. | Clarion LedgerArticle | Denied because the source'saccuracy can be questioned. |
|---|---|---|
| On August 19, 2020, according to theMississippi Department of Corrections,Eddie Johnson, (MDOC # 156315), age51, housed at Central MississippiCorrectional Facility, died at Merit HealthCentral in Jackson, Mississippi. | U.S. News &World ReportArticle | Denied because the source'saccuracy can be questioned. |
| On August 20, 2020, according to theMississippi Department of Corrections,David Harris, (MDOC # 148476), age 81,housed at the Mississippi StatePenitentiary at Parchman died in theprison hospital. | U.S. News &World ReportArticle | Denied because the source'saccuracy can be questioned. |
| On August 20, 2020, according to theMississippi Department of Corrections,Malachi Lewis, (MDOC # 45026), age 77,housed at the Mississippi StatePenitentiary at Parchman died in theprison hospital. | U.S. News &World ReportArticle | Denied because the source'saccuracy can be questioned. |
| On August 21, 2020, according to theMississippi Department of Corrections,Carl Magee, (MDOC # K9289), age 63,housed at South Mississippi CorrectionalInstitution, was pronounced dead at theGreene County Hospital in Leakesville,Mississippi. | U.S. News &World ReportArticle | Denied because the source'saccuracy can be questioned. |
| On August 24, 2020, according to theMississippi Department of Corrections,Willie Terrell Leflore (MDOC # 172033),age 69, housed at Central MississippiCorrectional Facility, died at Merit HealthCentral in Jackson, Mississippi. | Clarion LedgerArticle | Denied because the source'saccuracy can be questioned. |
| On August 24, 2020, according to theMississippi Department of Corrections,Joseph Whitehead (MDOC # 158386),age 45, housed at Central MississippiCorrectional Facility, died at Merit HealthCentral in Jackson, Mississippi. | Clarion LedgerArticle | Denied because the source'saccuracy can be questioned. |
| On August 24, 2020, according to theMississippi Department of Corrections,Darius Hamilton (MDOC # N4635), age37, housed at Central MississippiCorrectional Facility, died at Merit HealthCentral in Jackson, Mississippi. | Clarion LedgerArticle | Denied because the source'saccuracy can be questioned. |
|---|---|---|
| On August 25, 2020, according to theMississippi Department of Corrections,Melvin Gamage Jr. (MDOC # 56705), age69, housed at Central MississippiCorrectional Facility, died at Merit HealthCentral in Jackson, Mississippi. | Clarion LedgerArticle | Denied because the source'saccuracy can be questioned. |
VII
Conclusion
For the reasons explained above: (1) the May 14 motion for judicial notice [83] is GRANTED in Part, CONDITIONALLY GRANTED in Part, and DENIED in Part; (2) the May 15 motion for judicial notice [86] is CONDITIONALLY GRANTED in Part and DENIED in Part; (3) the June 20 motion for judicial notice [109] is CONDITIONALLY GRANTED in Part and DENIED in Part; (4) the August 10 motion for judicial notice [125] is CONDITIONALLY GRANTED in Part and DENIED in Part; and (5) the August 27 motion for judicial notice [142] is DENIED.
The facts of deaths at MDOC facilities should be amenable to stipulations. The Court encourages the parties to work together to resolve issues such as these in the future.
SO ORDERED, this 12th day of November, 2020.
/s/ Debra M. Brown
UNITED STATES DISTRICT JUDGE