GATES v. COOK

Nos. 99-60609, 00-60129 and 00-60130.

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, Defendants-Appellees, 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, Defendants-Appellees, 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, Defendants-Appellees, Martin Groot; Willie Naylor, Intervenor Plaintiffs-Appellants.

United States Court of Appeals, Fifth Circuit.

November 20, 2000.


Attorney(s) appearing for the Case

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 denial of their motions to intervene and substitute counsel, as well as its denial of attorneys 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...

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