Case: U.S. v. Sunflower County

4:95-cv-00122 | U.S. District Court for the Northern District of Mississippi

Filed Date: April 20, 1995

Closed Date: Sept. 29, 2014

Clearinghouse coding complete

Case Summary

In 1993, the Civil Rights Division of the U.S. Department of Justice notified Sunflower County of the Department's intention to investigate conditions at the County Jail in Indianola, Mississippi. The DOJ submitted findings as to problems and minimal remediation in 1993. Apparently after negotiation, the Attorney General filed an action under the Civil Rights of Institutionalized Persons Act (CRIPA), 42 U.S.C. section 1997 et seq., against the jail in 1995. Six days later the District Court …

In 1993, the Civil Rights Division of the U.S. Department of Justice notified Sunflower County of the Department's intention to investigate conditions at the County Jail in Indianola, Mississippi. The DOJ submitted findings as to problems and minimal remediation in 1993. Apparently after negotiation, the Attorney General filed an action under the Civil Rights of Institutionalized Persons Act (CRIPA), 42 U.S.C. section 1997 et seq., against the jail in 1995. Six days later the District Court for the Northern District of Mississippi (Judge Neal Biggers) entered a consent decree. The consent order laid out steps the county must take to improve virtually every aspect of the old jail and to ensure that the conditions of the new jail facility were adequate. In addition, the defendants agreed to submit quarterly status reports to the court.

On September 2007, the parties stipulated to continued enforcement of the consent order. This enforcement was continued through join agreement in 2010.

In September, 2014, the parties entered a joint motion to terminate the consent order and dismiss the case with prejudice.

Summary Authors

Kristen Sagar (6/5/2007)

Michael Abrams (10/19/2016)

People


Judge(s)

Biggers, Neal Brooks Jr. (Mississippi)

Pepper, W. Allen Jr. (Mississippi)

Attorneys(s) for Plaintiff

Boyd, Ralph F. Jr. (District of Columbia)

Brown Cutlar, Shanetta Y. (District of Columbia)

Dean, Ralph M. III (Mississippi)

Deutsch, David (District of Columbia)

Dominguez, Silvia Judith (District of Columbia)

Greenlee, Jim M. (Mississippi)

Gregg, Tammie (District of Columbia)

Kim, Wan J. (District of Columbia)

Judge(s)

Biggers, Neal Brooks Jr. (Mississippi)

Pepper, W. Allen Jr. (Mississippi)

Attorneys(s) for Plaintiff

Boyd, Ralph F. Jr. (District of Columbia)

Brown Cutlar, Shanetta Y. (District of Columbia)

Dean, Ralph M. III (Mississippi)

Deutsch, David (District of Columbia)

Dominguez, Silvia Judith (District of Columbia)

Greenlee, Jim M. (Mississippi)

Gregg, Tammie (District of Columbia)

Kim, Wan J. (District of Columbia)

Moreton, Alfred E. III (District of Columbia)

Nelson, Mellie H. (District of Columbia)

Patrick, Deval L. (District of Columbia)

Perez, Thomas E. (District of Columbia)

Preston, Judith (Judy) C. (District of Columbia)

Rosenbaum, Steven H. (District of Columbia)

Simpson, Tammi R. (District of Columbia)

Turner, James P. (District of Columbia)

Attorneys(s) for Defendant

McWilliams, John Holmes (Mississippi)

Ready, William E. (Mississippi)

Documents in the Clearinghouse

Document

Docket [PACER]

Sept. 29, 2014 Docket

Notice Letter re: CRIPA Investigation of the Sunflower County Jail in Indianola, Mississippi

No Court

May 3, 1993 Notice Letter

Findings Letter re: CRIPA Investigation of the Sunflower County Jail in Indianola, Mississippi

No Court

Nov. 17, 1993 Findings Letter/Report
2

Consent Order

April 26, 1995 Order/Opinion
16

Stipulation Amending Consent Order

United States of America v. Sunflower County, Mississippi

March 13, 2003 Order/Opinion
20

Second Stipulation Amending Consent Order

USA v. Sunflower County, MS

Sept. 12, 2007 Order/Opinion
23

Joint Agreement to Extend Second Stipulation and Consent Decree

USA v. Sunflower County, MS

Sept. 15, 2010 Order/Opinion

Docket

Last updated May 13, 2022

ECF Number Description Date Link
1

COMPLAINT to enjoin dfts from depriving persons incarcerated at the Sunflower County Jail in Sunflower County, MS, of rights, privileges or immunities secured or protected by the U.S. Constitution, pursuant to 42 U.S.C. Sec. 1997a. (fcc) (Entered: 04/21/1995)

April 20, 1995

NOTICE OF ASSIGNMENT Judge Neal B. Biggers Jr. and Magistrate Judge J. D. Orlansky (fcc) Modified on 04/21/1995 (Entered: 04/21/1995)

April 20, 1995
2

CONSENT ORDER, regarding conditions of cofinement and constitutional rights of inmates confined at Sunflower and the Farm/Camp; court to retain jurisdiction to assure that this order and all constitutional requirements incorporated are implemented and maintained until one year after the entry of this order ( signed by Judge Neal B. Biggers Jr. on 4/24/95) Date of Entry: 4/26/95 (jta)

April 26, 1995

Case closed (jta)

April 26, 1995
3

QUARTERLY REPORT by defendants in compliance with Item VI.2. of the Court's order dated April 24, 2995. (Policies and Procedures Manual adopted by Sunflower County with regard to operation of the new Sunflower County Jail facility and copy of Inmate Handbook placed in separate appropriately identified envelope w/file). (jta)

June 23, 1995
4

SECOND QUARTERLY REPORT by Sunflower County, et al, as required by Item VI.2. of the court order dtd 8/24/95 (fcc)

Sept. 15, 1995
5

Quarterly Report by the defendants pursuant to order of 4/18/95. (jta)

Dec. 15, 1995
6

FOURTH QUARTERLY STATUS REPORT pursuant to Court's Order dated 4/24/95 by Sunflower County, Ned Holder, Edgar N. Donahoe, Clinton Beamon, Richard N. Barrett, Travis E. Parker, Carver A. Randle (jta)

March 20, 1996
7

QUARTERLY REPORT by defendant pursuant to court's order of April 24, 1995. (jta)

June 24, 1996
8

SIXTH QUARTERLY STATUS REPORT as required by Item VI. 2. of the Court's Order dtd 4/24/95, by Sunflower County, et al (fcc) (Entered: 10/08/1996)

Oct. 7, 1996
9

SEVENTH QUARTERLY STATUS REPORT as required by Item Vi. 2. of the court's order dtd 4/24/95, by Sunflower County,et al (fcc)

Jan. 14, 1997
10

EIGHTH QUARTERLY STATUS REPORT by Sunflower County, MS, et al (fcc)

April 7, 1997
11

NINTH QUARTERLY STATUS REPORT as required by Item VI. 2. of the court's order dated 4/24/95 by Sunflower County, et al (fcc)

July 23, 1997
12

QUARTERLY REPORT in accordance with Court's Order of April 24, 1995 by the defendants. (jta)

Oct. 2, 1997
13

QUARTERLY REPORT by the defendant (jta)

Jan. 30, 1998
14

TWELFTH QUARTERLY STATUS REPORT as required by Item VI.2. of the court's order dtd 4/24/95, by Sunflower County, et al (fcc) Modified on 08/13/1998

Aug. 13, 1998
15

DEFENDANT'S QUARTERLY REPORT as required by Item VI.2. of the court's order dated April 24, 1995 (fcc)

May 20, 2002
16

STIPULATION AMENDING CONSENT ORDER dated April 24, 1995; approving and entering the provisions of the Stipulation, having been agreed to by the parties to this action, as an Order of this Court. (signed by Senior Judge Neal B. Biggers on 03/10/03) COB # 93 pg. 141−153 Date of Entry: 03/13/03 (fcc)

March 13, 2003

File Stamped copy mailed to David Deutsch/Senior Trial Atty., Special Litigation Section/Room #5630, US Dept. of Justice, 950 Pennsylvania AVe., NW, Patrick Henry Bldg, Washington, DC 20530 (fcc)

March 13, 2003
17

REPORT TO THE COURT for the period extending from June 1, 2002 to April 20, 2003, on behalf of Sunflower County (fcc) (Entered: 06/09/2003)

June 6, 2003
18

STATUS REPORT TO THE COURT by James Haywood, Sheriff of Sunflower County, Mississippi. (Attachments: # 1 Exhibit)(jta, USDC)

April 4, 2005
19

NOTICE by John Holmes McWilliams on behalf of Sunflower County, Mississippi Report − 2006 (McWilliams, John)

July 14, 2006
20

SECOND STIPULATION AMENDING CONSENT ORDER. Signed by Judge Neal B. Biggers on 9/12/07. (tab, USDC)

Sept. 12, 2007
21

NOTICE by John Holmes McWilliams on behalf of Sunflower County, Mississippi Report to the Court (McWilliams, John)

May 12, 2008
22

NOTICE of Attorney Appearance by Silvia Judith Dominguez on behalf of United States of America (Dominguez, Silvia)

Sept. 2, 2010
23

JOINT AGREEMENT to extend second stipulation and consent decree. Signed by Neal B. Biggers on 9/14/10. (tab, USDC)

Sept. 15, 2010
24

MOTION for termination of Consent Order and Dismissal of Case with Prejudice by United States of America. (Dean, Ralph)

Sept. 15, 2014
25

ORDER granting 24 Motion for termination of Consent Order and Dismissal of Case with Prejudice. Case dismissed with prejudice. Signed by Senior Judge Neal B. Biggers on 09/29/2014. (jlh)

Sept. 29, 2014

State / Territory: Mississippi

Case Type(s):

Jail Conditions

Key Dates

Filing Date: April 20, 1995

Closing Date: Sept. 29, 2014

Case Ongoing: No

Plaintiffs

Plaintiff Description:

United States Department of Justice

Plaintiff Type(s):

U.S. Dept of Justice plaintiff

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Sunflower County Jail (Indianola, Sunflower), County

Case Details

Causes of Action:

Civil Rights of Institutionalized Persons Act (CRIPA), 42 U.S.C. § 1997 et seq.

Availably Documents:

Trial Court Docket

Injunctive (or Injunctive-like) Relief

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Order Duration: 1995 - 2014

Issues

General:

Access to lawyers or judicial system

Administrative segregation

Classification / placement

Disciplinary procedures

Fire safety

Food service / nutrition / hydration

Law library access

Recreation / Exercise

Sanitation / living conditions

Staff (number, training, qualifications, wages)

Suicide prevention

Totality of conditions

Crowding:

Crowding / caseload

Type of Facility:

Government-run