Case: U.S. v. Crittenden County

3:89-cv-00141 | U.S. District Court for the Eastern District of Arkansas

Filed Date: July 13, 1989

Closed Date: Nov. 27, 2001

Clearinghouse coding complete

Case Summary

The Civil Rights Division of the U.S. Department of Justice notified the Crittenden County Jail ("Jail") of their intention to investigate conditions pursuant to the Civil Rights of Institutionalized Persons Act (CRIPA), 42 U.S.C. § 1997 on November 7, 1986. The Division released the findings of the investigation on June 1, 1987.The Division determined that the prisoners' access to medical care was grossly inadequate. Additionally, the report cited the lack of fire safety measures and the prese…

The Civil Rights Division of the U.S. Department of Justice notified the Crittenden County Jail ("Jail") of their intention to investigate conditions pursuant to the Civil Rights of Institutionalized Persons Act (CRIPA), 42 U.S.C. § 1997 on November 7, 1986. The Division released the findings of the investigation on June 1, 1987.

The Division determined that the prisoners' access to medical care was grossly inadequate. Additionally, the report cited the lack of fire safety measures and the presence of numerous fire hazards at the jail, which pose an unreasonable risk to the life and health of prisoners. The County Jail also lacked adequately trained and sufficient numbers of staff. Finally, the sanitation at the jail posed an unreasonable risk to the health and safety of prisoners.

The Department of Justice brought a suit on July 13, 1989 pursuant to 42 U.S.C. § 1997 to enjoin the Jail from depriving inmates of rights, privileges, or immunities protected by the Constitution. The court (Judge George Howard, Jr.) approved a consent decree on December 26, 1990. The decree stated that inmates at the Jail shall be provided adequate access (1) inmates at the Jail shall be provided adequate access to medical and mental health care, (2) inmates shall be provided a physical environment that poses no unreasonable life safety risks to the inmates, (3) inmates shall be provided adequate sanitation to protect inmates from unreasonable risks to their health and physical safety, (4) a sufficient number of adequately trained and supervised staff shall be employed to provide reasonable safety for inmates, including protection from acts of physical violence by other inmates, (5) inmates shall not be assigned to housing units on the basis of race, (6) Inmates shall be provided with reasonable access to the courts, including access to counsel and to law library facilities, and (7) the effects of overcrowding shall be reduced and prevented. United States v. County of Crittenden, JC89-141, 1990 WL 257949 (E.D.Ark. Dec. 26, 1990).

The PACER docket indicates that the court maintained ongoing compliance with the consent decree through early 2001. On November 27, 2001, the District Court (Judge Howard) dismissed Crittenden County as a defendant, since it was in substantial compliance with the court orders.

Summary Authors

David Terry (3/27/2006)

People


Judge(s)

Howard, George Jr. (Arkansas)

Williams, Brian (Arkansas)

Attorneys(s) for Plaintiff

Banks, Charles A. (Arkansas)

Barrick, Andrew J. (District of Columbia)

Dunne, John R. (District of Columbia)

Greenberg, Arthur R. (District of Columbia)

Peabody, Arthur E. Jr. (District of Columbia)

Pence, Richard M. Jr. (Arkansas)

Reynolds, William Bradford (District of Columbia)

Schoen, Benjamin P. (District of Columbia)

Judge(s)

Howard, George Jr. (Arkansas)

Williams, Brian (Arkansas)

Attorneys(s) for Plaintiff

Banks, Charles A. (Arkansas)

Barrick, Andrew J. (District of Columbia)

Dunne, John R. (District of Columbia)

Greenberg, Arthur R. (District of Columbia)

Peabody, Arthur E. Jr. (District of Columbia)

Pence, Richard M. Jr. (Arkansas)

Reynolds, William Bradford (District of Columbia)

Schoen, Benjamin P. (District of Columbia)

Thornburgh, Dick (District of Columbia)

Turner, James P. (District of Columbia)

Weinstein, Laurie J. (District of Columbia)

Attorneys(s) for Defendant

Rogers, Joe M. (Arkansas)

Documents in the Clearinghouse

Document

3:89-cv-00141

Docket (PACER)

Jan. 2, 2002

Jan. 2, 2002

Docket

3:89-cv-00141

Notice letter re: CRIPA Investigation of Crittenden County Jail, Marion, Arkansas

No Court

Nov. 7, 1986

Nov. 7, 1986

Notice Letter

3:89-cv-00141

Findings Letter re: Investigation of Crittenden County Jail

June 1, 1987

June 1, 1987

Findings Letter/Report
1

3:89-cv-00141

Complaint

July 13, 1989

July 13, 1989

Complaint

3:89-cv-00141

Consent Decree

1990 U.S.Dist.LEXIS 18112

Dec. 26, 1990

Dec. 26, 1990

Order/Opinion
11

3:89-cv-00141

Consent Decree

1990 WL 257949

Dec. 26, 1990

Dec. 26, 1990

Order/Opinion

Resources

Docket

Last updated Aug. 5, 2022, 3:22 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT (Summons(es) issued) and returned to: U.S. atty. for service (mkf) Modified on 06/29/1990 (Entered: 04/04/1990)

July 13, 1989

July 13, 1989

6

ANSWER by all defendants; jury demand (mkf) Modified on 07/08/1992 (Entered: 04/04/1990)

Aug. 4, 1989

Aug. 4, 1989

7

Demand for jury trial by defendants (mkf) Modified on 07/08/1992 (Entered: 04/04/1990)

Aug. 4, 1989

Aug. 4, 1989

8

Memorandum by plaintiff in opposition to defts' demand for a jury trial (mkf) Modified on 07/08/1992 (Entered: 09/13/1989)

Sept. 13, 1989

Sept. 13, 1989

10

SCHEDULING ORDER (P.Murray): jury trial set for 9:30 7/29/91 in Jonesboro; discovery due 6/3/91; status report due 6/17/91; pretrial info sheet due 6/17/91 for all parties; jy instr due 10 days prior to trial; witnss/xhbt list due 6/17/91 (cc: all counsel) (jct) Modified on 07/08/1992 (Entered: 06/29/1990)

June 29, 1990

June 29, 1990

11

CONSENT DECREE by Judge George Howard Jr. setting out conditions at the Crittenden County Jail to be complied with by December 31, 1992 terminating case (EOD 12/27/90) (cc: all counsel) DOCKET NOTE: FOR SCANNED COPY OF CONSENT DECREE; CLICK ON DOCUMENT #38) (mkf) Modified on 01/29/1999 (Entered: 12/27/1990)

Dec. 26, 1990

Dec. 26, 1990

12

COMPLANCE REPORT by defendants pursuant to the Consent Decree entered on 12/26/90 (mkf) Modified on 07/08/1992 (Entered: 03/18/1991)

March 18, 1991

March 18, 1991

13

Compliance Report by defendants for the period of Feb. 17, 1991 thur July 15, 1991 (mkf) Modified on 07/08/1992 (Entered: 08/13/1991)

Aug. 13, 1991

Aug. 13, 1991

14

ATTORNEY APPEARANCE for plaintiff USA by attorney Andrew J. Barrick (mkf) (Entered: 10/23/1995)

Oct. 23, 1995

Oct. 23, 1995

15

JOINT MOTION by plaintiff/defendant to amend and implement requirements of consent decree and plan for termination of decree (mkf) (Entered: 10/23/1995)

Oct. 23, 1995

Oct. 23, 1995

16

STIPULATED SUPPLEMENTAL ORDER approved by Judge George Howard Jr. granting motion to amend and implement requirements of consent decree and plan for termination of decree [15-1] EOD 10/27/95 (cc: all counsel) (mkf) (Entered: 10/27/1995)

Oct. 27, 1995

Oct. 27, 1995

17

Compliance Report for the period 10/27/95-1/1/96 filed by Crittenden County. (mkf) (Entered: 01/19/1996)

Jan. 19, 1996

Jan. 19, 1996

DOCKET NOTE: In order to avoid file being sent to the Records Center, it is currently filed with closed '98 files.(mkf) Modified on 08/28/1998 (Entered: 01/19/1996)

Jan. 19, 1996

Jan. 19, 1996

18

COMPLIANCE REPORT filed by defendant Crittenden County for the period of Jan. 1, 1996 thru December 31, 1996. (mkf) (Entered: 01/10/1997)

Jan. 10, 1997

Jan. 10, 1997

19

MOTION by movant Danny G Holbrook to intervene as party plaintiff (mkf) (Entered: 10/08/1998)

Oct. 8, 1998

Oct. 8, 1998

20

BRIEF by movant Danny G Holbrook in support of motion to intervene as party plaintiff [19-1] (mkf) (Entered: 10/08/1998)

Oct. 8, 1998

Oct. 8, 1998

21

ORDER by Judge George Howard Jr. directing the deft to respond to movant Holbrook's motion to intervene as party plaintiff [19-1] and to advise the Court of the status of this case within 30 days of the file- stamped date of this Order. EOD 10/21/98. (cc: all counsel) (mkf) (Entered: 10/21/1998)

Oct. 21, 1998

Oct. 21, 1998

22

RESPONSE (objection) by deft Crittenden County to motion to intervene as party plaintiff [19-1] & Status Report (jct) (Entered: 11/20/1998)

Nov. 20, 1998

Nov. 20, 1998

23

REPLY by movant Danny G Holbrook to dft's objection to motion to intervene as party plaintiff [19-1] (mkf) (Entered: 11/24/1998)

Nov. 24, 1998

Nov. 24, 1998

24

RESPONSE IN OPPOSITION by plaintiff USA to motion to intervene as party plaintiff [19-1] and response to request for population statistics (tlw) (Entered: 11/30/1998)

Nov. 30, 1998

Nov. 30, 1998

25

MEMORANDUM by plaintiff USA in support of motion response [24-1] and declaration of Andrew J. Barrick regarding consent decree compliance (tlw) (Entered: 11/30/1998)

Nov. 30, 1998

Nov. 30, 1998

26

MEMORANDUM by defendant Crittenden County in support of motion response [22-1] (tlw) (Entered: 11/30/1998)

Nov. 30, 1998

Nov. 30, 1998

27

REPLY MEMORANDUM by David Moore to pltf USA and dft's responses to letter to the Court by David Moore. (mkf) (Entered: 12/02/1998)

Dec. 2, 1998

Dec. 2, 1998

28

REPLY MEMORANDUM by movant Danny G Holbrook to USA's response to motion to intervene as party plaintiff [19-1] (mkf) (Entered: 12/02/1998)

Dec. 2, 1998

Dec. 2, 1998

29

AFFIDAVIT by movant Danny G Holbrook regarding USA's motion response [24-1] (mkf) (Entered: 12/02/1998)

Dec. 2, 1998

Dec. 2, 1998

30

AFFIDAVIT of David Moore (mkf) (Entered: 12/02/1998)

Dec. 2, 1998

Dec. 2, 1998

31

BRIEF in Amicus Curaie filed by David Moore w/attached Exhibits in support. (mkf) (Entered: 12/03/1998)

Dec. 3, 1998

Dec. 3, 1998

32

ORDER by Judge George Howard Jr. denying Danny Holbrook's motion to intervene as party plaintiff [19-1] party Danny G Holbrook termed; the Clerk is directed to file correspondence received from David Moore regarding this action and to send a copy of this Order to Mr. Moore. EOD 12/16/98 (cc: all counsel) (mkf) (Entered: 12/16/1998)

Dec. 16, 1998

Dec. 16, 1998

33

CORRESPONDENCE by non-party David Moore filed at the direction of the Court in its Order entered 12/16/98 32. (mkf) (Entered: 12/16/1998)

Dec. 16, 1998

Dec. 16, 1998

34

NOTICE of appeal by movant Danny G Holbrook from District Court decision [32-1] (appeal fees paid) (2 certified copies to Clerk 8USCA), (cc: parties) (dac) (Entered: 12/30/1998)

Dec. 29, 1998

Dec. 29, 1998

DOCKET NOTE: Original File (2 volumes) forwarded to Doris Collins, Appeals Clerk by certified mail. (mkf) (Entered: 01/04/1999)

Jan. 4, 1999

Jan. 4, 1999

35

MOTION by movant Danny G Holbrook to stay (dac) (Entered: 01/13/1999)

Jan. 11, 1999

Jan. 11, 1999

DOCKET NOTE: 2 vols original files forwarded to 8USCA (dac) (Entered: 01/21/1999)

Jan. 21, 1999

Jan. 21, 1999

36

RESPONSE by pltf USA to Danny G. Holbrook's motion to stay [35-1] (jct) (Entered: 01/25/1999)

Jan. 25, 1999

Jan. 25, 1999

37

REPLY by movant Danny G Holbrook to pltf's response to motion to stay [35-1] (jct) (Entered: 01/29/1999)

Jan. 29, 1999

Jan. 29, 1999

38

Docket Note: Scanned copy of CONSENT DECREE entered 12/26/90 (mkf) Modified on 01/29/1999 (Entered: 01/29/1999)

Jan. 29, 1999

Jan. 29, 1999

39

ORDER by Judge George Howard Jr. denying motion to stay [35-1] (cc: all counsel) (dac) Modified on 02/08/1999 (Entered: 02/03/1999)

Feb. 3, 1999

Feb. 3, 1999

40

NOTICE by defendant Crittenden County of filing Compliance Report reflecting inmates to to be moved to new jail facility by February 28, 1999. (mkf) (Entered: 02/08/1999)

Feb. 8, 1999

Feb. 8, 1999

41

MOTION by movant David Moore to stay termination of the Consent Decree (dac) (Entered: 02/19/1999)

Feb. 18, 1999

Feb. 18, 1999

42

BRIEF by movant David Moore in support of motion to stay termination of the Consent Decree [41-1] (dac) (Entered: 02/19/1999)

Feb. 18, 1999

Feb. 18, 1999

44

MAIL Returned addressed to Laurie Weinstein marked attempted not known [39-1] (dac) (Entered: 03/05/1999)

March 1, 1999

March 1, 1999

43

APPENDIX (supplement) filed by movant David Moore re motion to stay termination of the Consent Decree [41-1] (jct) (Entered: 03/03/1999)

March 3, 1999

March 3, 1999

45

RESPONSE by deft Crittenden County to David Moore's motion to stay termination of the Consent Decree [41-1] (jct) (Entered: 03/10/1999)

March 10, 1999

March 10, 1999

46

BRIEF by deft Crittenden County in support of response [45-1] to David Moore's motion to stay (jct) (Entered: 03/10/1999)

March 10, 1999

March 10, 1999

47

ORDER by Judge George Howard Jr. denying David Moore's motion to stay termination of the Consent Decree [41-1] EOD: 3/10/99 (cc: all counsel) (jct) (Entered: 03/10/1999)

March 10, 1999

March 10, 1999

48

Per Curiam Opinion (8USCA) (dac) (Entered: 12/08/1999)

Dec. 7, 1999

Dec. 7, 1999

49

MANDATE from 8 USCA affirming the decision of the District Court [34-1] (original file remain in possession of Clerk USCA8) (dac) (Entered: 12/08/1999)

Dec. 7, 1999

Dec. 7, 1999

DOCKET NOTE: 2 vols original files returned from Clerk USCA8 and forwarded to Jonesboro office (dac) (Entered: 12/30/1999)

Dec. 30, 1999

Dec. 30, 1999

50

NOTICE by defendant Crittenden County of filing Compliance Report (tlw) (Entered: 02/22/2000)

Feb. 22, 2000

Feb. 22, 2000

52

JOINT MOTION by plaintiff USA, defendant Crittenden County to dismiss as substantial compliance has been achieved regarding the Consent Decree and plan of compliance entered in this case on December 26, 1990. (mkf) (Entered: 11/27/2001)

Nov. 27, 2001

Nov. 27, 2001

53

ORDER by Judge George Howard Jr. granting joint motion to dismiss [52-1] as deft Crittenden County is in substantial compliance with the orders entered by this Court. (cc: all counsel) (mkf) (Entered: 11/27/2001)

Nov. 27, 2001

Nov. 27, 2001

54

MAIL Returned addressed to movant David Moore consisting of file- marked copy of Order [53-1] with postal notation, "Returned to Sender, unknown" (tlw) (Entered: 01/02/2002)

Jan. 2, 2002

Jan. 2, 2002

Case Details

State / Territory: Arkansas

Case Type(s):

Jail Conditions

Special Collection(s):

Multi-LexSum (in sample)

Key Dates

Filing Date: July 13, 1989

Closing Date: Nov. 27, 2001

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

Crittenden County Jail (Marion, Crittenden), 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

Complaint (any)

Injunctive (or Injunctive-like) Relief

Any published opinion

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: 1989 - 1990

Issues

General:

Loss or damage to property

Sanitation / living conditions

Staff (number, training, qualifications, wages)

Totality of conditions

Type of Facility:

Government-run