DOCKERY v. CAIN

No. 20-60086.

7 F.4th 375 (2021)

Jermaine DOCKERY, Joseph Osborne, John Barrett, on behalf of themselves and all others similarly situated, Plaintiffs-Appellants, Eddie Pugh, Intervenor Plaintiff-Appellant, v. Burl CAIN, in his official capacity as Commissioner of the Mississippi Department of Corrections; Jeworski Mallett, in his official capacity as Deputy Commissioner for Institutions of the Mississippi Department of Corrections; Gloria Perry, in her official capacity as Chief Medical Officer for the Mississippi Department of Corrections; Richard D. McCarty, Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

Filed August 5, 2021.


Attorney(s) appearing for the Case

Benjamin Robert Salk , Leslie Faith Jones , Southern Poverty Law Center, Robert Bruce McDuff, Esq. , Paloma Wu, Esq. , Mississippi Center for Justice, Jackson, MS, Daniel J. Yost , Stroock, Stroock & Lavan, L.L.P., New York, NY, for Plaintiffs-Appellants.

William Thomas Siler, Jr., Esq. , Nicholas Francis Morisani , Phelps Dunbar, L.L.P., Michael James Bentley, Esq. , Molly Mitchell Walker , Bradley Arant Boult Cummings, L.L.P., Jackson, MS, for Defendants-Appellees.

Before Jones, Costa, and Duncan, Circuit Judges.


Plaintiffs, prisoners at East Mississippi Correctional Facility (EMCF), challenged their conditions of confinement by filing a class action against Mississippi Department of Corrections (MDOC) officials. After six years of litigation, including a five-week bench trial, the district court concluded wide-ranging...

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