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On November 1, 2016, the United States Department of Justice Civil Rights Division notified Boyd County officials of its intent to conduct an investigation of the Boyd County Detention Center pursuant to the Civil Rights of Institutionalized Persons Act (CRIPA), 42 U.S.C. § 1997. The DOJ indicated that the purpose of the investigation was to determine whether prisoners are adequately protected from the use of excessive force, whether prisoners are subject to an invasion of their bodily privacy and whether the jail indiscriminately uses restrictive housing without due process.
On February 28, 2019, the DOJ reported the findings of its investigation, concluding that there was reasonable cause to believe that conditions at the Jail violated the Fourth, Eighth, and Fourteenth Amendments to the Constitution. In particular, the DOJ found that there was reasonable cause to believe that Boyd County routinely subjected prisoners to excessive force through the use of chemical agents, electronic control devices, and restraint chairs. The DOJ also concluded that it had reasonable cause to believe that Boyd County routinely violated prisoners' rights to bodily privacy through its use of restraint chairs.
The DOJ listed as minimal remedial measures that Boyd County must ensure that staff are properly trained, ensure that staff adequately and promptly report all uses of force, ensure that use of force incidents and allegations are properly investigated, develop and implement a system to track all uses of force by correctional officers and any complaints related to the use of excessive force, initiate appropriate personnel actions and systemic remedies as appropriate, develop and implement accountability policies and procedures, protect the privacy of prisoners secured in a restraint chair, and develop procedures that will reduce reliance on chemical agents, electronic control devices, and the restraint chair while still ensuring officer and prisoner safety.
Boyd County officials publicly indicated that they would cooperate with the DOJ to fix any identified issues.
Summary Authors
Michelle Wolk (8/8/2022)
Chaney, Eric (Kentucky)
Dreiband, Eric S. (Kentucky)
Hedrick, C. Phillip (Kentucky)
Chaney, Eric (Kentucky)
Last updated Aug. 30, 2023, 2:27 p.m.
Docket sheet not available via the Clearinghouse.State / Territory: Kentucky
Case Type(s):
Key Dates
Case Ongoing: Yes
Plaintiffs
Plaintiff Description:
United States Department of Justice
Plaintiff Type(s):
U.S. Dept of Justice plaintiff
Attorney Organizations:
U.S. Dept. of Justice Civil Rights Division
Public Interest Lawyer: Yes
Filed Pro Se: No
Class Action Sought: No
Class Action Outcome: Not sought
Defendants
Boyd County Detention Center (Boyd), County
Defendant Type(s):
Case Details
Causes of Action:
Civil Rights of Institutionalized Persons Act (CRIPA), 42 U.S.C. § 1997 et seq.
Constitutional Clause(s):
Due Process: Substantive Due Process
Available Documents:
Outcome
Prevailing Party: None Yet / None
Nature of Relief:
Source of Relief:
Issues
Policing:
Jails, Prisons, Detention Centers, and Other Institutions:
Assault/abuse by staff (facilities)
Medical/Mental Health:
Type of Facility: