Filed Date: Oct. 19, 2009
Closed Date: June 13, 2010
Clearinghouse coding complete
This is a case about a Protection and Advocacy (P&A) agency’s access authority.
On October 19, 2009, Disability Rights Mississippi filed this lawsuit in the U.S. District Court for the Southern District of Mississippi. DRMS alleged that Lauderdale County violated the Developmental Disabilities Assistance and Bill of Rights (DD) Act, 42 U.S.C. § 15041 et seq., the Protection and Advocacy for Individuals with Mental Illness (PAIMI) Act, 42 U.S.C. § 10801 et seq., and the Protection and Advocacy of Individual Rights (PAIR) Program, 29 U.S.C. § 794e, when the County refused to provide access to the Lauderdale County Juvenile Detention Center for purposes of investigating abuse and neglect. Judge Hon. Tom S. Lee presided over this matter.
This lawsuit began after plaintiff determined that it had probable cause to investigate the possible abuse and/or neglect of individuals with disabilities upon receiving complaints concerning youth detainees of the Lauderdale County Juvenile Detention Center. The County denied plaintiff’s requests and attempts to access the facility for investigation and monitoring purposes.
On October 19, 2009, plaintiff filed a motion for a preliminary injunction, seeking access to the facility.
On November 10, 2009, the court approved an agreed order negotiated by the parties, establishing a tentative plan of access.
On November 12, 2009, plaintiff filed an amended complaint, requesting declaratory and injunctive relief compelling the defendant to comply with its obligations under the First, Eighth, and Fourteenth Amendments to the U.S. Constitution concerning the substantive conditions in the detention center. On the same date, plaintiff filed a motion for class certification, proposing a class comprising all children who are or will be housed in the detention center.
On June 3, 2010, the court approved a settlement agreement negotiated by the parties. The agreement stated that plaintiff would have access to the facility to ensure compliance with stipulated standards for the treatment of children housed in the detention center, and that the lawsuit would be dismissed without prejudice. Each party bore its own attorney fees and litigation costs. The case is now closed.
Summary Authors
NDRN (7/5/2024)
For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/4913248/parties/disability-rights-mississippi-v-lauderdale-county-mississippi/
Lee, Tom Stewart (Mississippi)
Bedi, Sheila A. (Mississippi)
Carroll, Vanessa Judith (Mississippi)
Juneja, Poonam (Mississippi)
McDuff, Robert B. (Mississippi)
See docket on RECAP: https://www.courtlistener.com/docket/4913248/disability-rights-mississippi-v-lauderdale-county-mississippi/
Last updated Aug. 6, 2025, 10:58 p.m.
State / Territory: Mississippi
Case Type(s):
Key Dates
Filing Date: Oct. 19, 2009
Closing Date: June 13, 2010
Case Ongoing: No
Plaintiffs
Plaintiff Description:
Protection and Advocacy System
Attorney Organizations:
NDRN/Protection & Advocacy Organizations
Public Interest Lawyer: Yes
Filed Pro Se: No
Class Action Sought: No
Class Action Outcome: Not sought
Defendants
Lauderdale County (Lauderdale), County
Defendant Type(s):
Facility Type(s):
Case Details
Causes of Action:
Protection and Advocacy for Individuals with Mental Illness (PAIMI) Act, 42 U.S.C. § 10801
Protection and Advocacy of Individual Rights (PAIR), 29 U.S.C. § 794e
Available Documents:
Injunctive (or Injunctive-like) Relief
Outcome
Prevailing Party: Plaintiff
Nature of Relief:
Injunction / Injunctive-like Settlement
Source of Relief:
Form of Settlement:
Court Approved Settlement or Consent Decree
Issues
Disability and Disability Rights: