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)

Attorney for Plaintiff

Banks, Charles A. (Arkansas)

Barrick, Andrew J. (District of Columbia)

Dunne, John R. (District of Columbia)

Greenberg, Arthur R. (District of Columbia)

Attorney for Defendant

Documents in the Clearinghouse

Documents in this case

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 of Investigation or Suit/Demand Letter

3:89-cv-00141

Notice of Findings of Investigation, Crittenden County Jail

June 1, 1987

June 1, 1987

Pleading / Motion / Brief
1

3:89-cv-00141

Complaint

July 13, 1989

July 13, 1989

Complaint
11

3:89-cv-00141

Consent Decree

Dec. 26, 1990

Dec. 26, 1990

Order/Opinion

1990 WL 257949

3:89-cv-00141

Consent Decree

Dec. 26, 1990

Dec. 26, 1990

Order/Opinion

1990 U.S.Dist.LEXIS 18112

Docket

Last updated March 27, 2025, 8:54 a.m.

ECF Number Date Description Link
1 July 13, 1989

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

PACER
6 Aug. 4, 1989

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

PACER
7 Aug. 4, 1989

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

PACER
8 Sept. 13, 1989

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

PACER
10 June 29, 1990

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)

PACER
11 Dec. 26, 1990

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)

PACER
12 March 18, 1991

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

PACER
13 Aug. 13, 1991

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)

PACER
14 Oct. 23, 1995

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

PACER
15 Oct. 23, 1995

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

PACER
16 Oct. 27, 1995

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)

PACER
17 Jan. 19, 1996

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

PACER
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)

PACER
18 Jan. 10, 1997

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

PACER
19 Oct. 8, 1998

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

PACER
20 Oct. 8, 1998

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

PACER
21 Oct. 21, 1998

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)

PACER
22 Nov. 20, 1998

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

PACER
23 Nov. 24, 1998

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

PACER
24 Nov. 30, 1998

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)

PACER
25 Nov. 30, 1998

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)

PACER
26 Nov. 30, 1998

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

PACER
27 Dec. 2, 1998

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)

PACER
28 Dec. 2, 1998

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)

PACER
29 Dec. 2, 1998

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

PACER
30 Dec. 2, 1998

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

PACER
31 Dec. 3, 1998

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

PACER
32 Dec. 16, 1998

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)

PACER
33 Dec. 16, 1998

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)

PACER
34 Dec. 29, 1998

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)

PACER
Jan. 4, 1999

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

PACER
35 Jan. 11, 1999

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

PACER
Jan. 21, 1999

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

PACER
36 Jan. 25, 1999

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

PACER
37 Jan. 29, 1999

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

PACER
38 Jan. 29, 1999

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

PACER
39 Feb. 3, 1999

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)

PACER
40 Feb. 8, 1999

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)

PACER
41 Feb. 18, 1999

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

PACER
42 Feb. 18, 1999

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

PACER
44 March 1, 1999

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

PACER
43 March 3, 1999

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

PACER
45 March 10, 1999

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

PACER
46 March 10, 1999

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

PACER
47 March 10, 1999

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)

PACER
48 Dec. 7, 1999

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

PACER
49 Dec. 7, 1999

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)

PACER
Dec. 30, 1999

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

PACER
50 Feb. 22, 2000

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

PACER
52 Nov. 27, 2001

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)

PACER
53 Nov. 27, 2001

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)

PACER
54 Jan. 2, 2002

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)

PACER

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

County

Crittenden County Jail

Facility Type(s):

Government-run

Case Details

Causes of Action:

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

Other Dockets:

Eastern District of Arkansas 3:89-cv-00141

Available Documents:

Any published opinion

Complaint (any)

Findings Letter/Report

Injunctive (or Injunctive-like) Relief

Trial Court Docket

Outcome

Prevailing Party: Plaintiff OR Mixed

Relief Granted:

Injunction / Injunctive-like Settlement

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Order Duration: 1989 - 1990

Issues

General/Misc.:

Loss or damage to property

Sanitation / living conditions

Staff (number, training, qualifications, wages)

Totality of conditions

Recommended Citation