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

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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 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

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/19683703/parties/united-states-v-crittenden-county/

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

Judge(s)

Howard, George Jr. (Arkansas)

Williams, Brian (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)

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)

Attorney for Defendant

Rogers, Joe M. (Arkansas)

Attorney Contact Information via CourtListener

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

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Docket

See docket on RECAP: https://www.courtlistener.com/docket/19683703/united-states-v-crittenden-county/

Last updated Sept. 18, 2026, 12:15 a.m.

Docket for: United States v. Crittenden County

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