Case: United States v. Shelby County

2:02-cv-02633 | U.S. District Court for the Western District of Tennessee

Filed Date: Aug. 12, 2002

Closed Date: 2002

Clearinghouse coding complete

Case Summary

On August 12, 2002, the United States filed a lawsuit against Shelby County, Tennessee, under the Civil Rights of Institutionalized Persons Act (CRIPA), 42 U.S.C. § 1997, in the U.S. District Court for the Western District of Tennessee, Memphis Division. The government asked the court for injunctive relief, alleging that conditions at Shelby County Jail violated the rights, privileges and immunities of those incarcerated there. Specific problems included security and staffing, medical and ment…

On August 12, 2002, the United States filed a lawsuit against Shelby County, Tennessee, under the Civil Rights of Institutionalized Persons Act (CRIPA), 42 U.S.C. § 1997, in the U.S. District Court for the Western District of Tennessee, Memphis Division. The government asked the court for injunctive relief, alleging that conditions at Shelby County Jail violated the rights, privileges and immunities of those incarcerated there. Specific problems included security and staffing, medical and mental health care, and environmental health and safety. among other concerns.

Previously, on August 24, 2000, the Department of Justice sent a letter to the Mayor of Shelby County indicating an intention to investigate conditions at the Jail pursuant to CRIPA. Separate litigation by an inmate challenging unconstitutional conditions at the jail had been ongoing since 1996. Little v. Shelby County (JC-TN-0004).

On October 4-6 and December 11-13, 2000, the government toured the Jail. And, on June 27, 2001, the government sent a findings letter to the Mayor indicating it found conditions at the Jail unconstitutional. The parties began negotiating a remedy in July 2000, and produced a settlement agreement.

On August 12, 2002, the same day the United States filed its complaint, it also filed the settlement agreement with the District Court. The parties filed a joint motion to conditionally dismiss the case. And, on August 15, 2002, the District Court (Judge Bernice B. Donald) conditionally dismissed the case, specifically retaining jurisdiction to monitor compliance with the agreement.

With respect to security and supervision, the settlement agreement established policies for security staffing and training, population management, security policies and procedures, classification and discipline, use of force, grievance procedures, and gang management. With respect to medical and mental health, the settlement agreement established policies for screening, medication and specialty care, sick call and staffing, mental health information and intervention, chronic and critical care, suicide prevention, universal precautions, and critical incident reviews. With respect to environmental health and safety, the settlement agreement established policies for food services, housekeeping, preventative maintenance and pest control, personal hygiene and laundry, plumbing, ventilation, fire safety and emergency preparedness. The settlement agreement further established policies for access to the courts, exercise opportunities, reporting, implementation, enforcement and termination.

We have no further information on this case.

Summary Authors

Josh Altman (10/4/2006)

Related Cases

Little v. Shelby County, Western District of Tennessee (1996)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/4384078/parties/united-states-v-shelby-county-tn/


Judge(s)

Donald, Bernice Bouie (Tennessee)

Attorneys(s) for Plaintiff

Ashcroft, John (District of Columbia)

Bohan, Mary (District of Columbia)

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

Gregg, Tammie (District of Columbia)

Harris, Terrell L. (Tennessee)

Nelson, Mellie H. (District of Columbia)

Rosenbaum, Steven H. (District of Columbia)

Yeomans, William R. (District of Columbia)

Attorneys(s) for Defendant

Fessenden, Debra L. (Tennessee)

Judge(s)

Donald, Bernice Bouie (Tennessee)

Attorneys(s) for Plaintiff

Ashcroft, John (District of Columbia)

Bohan, Mary (District of Columbia)

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

Gregg, Tammie (District of Columbia)

Harris, Terrell L. (Tennessee)

Nelson, Mellie H. (District of Columbia)

Rosenbaum, Steven H. (District of Columbia)

Yeomans, William R. (District of Columbia)

Attorneys(s) for Defendant

Fessenden, Debra L. (Tennessee)

Jones, Fred E. Jr. (Tennessee)

Laurenzi, Lawrence J. (Tennessee)

Rout, Jim (Tennessee)

Strother, Don D. (Tennessee)

Wilson, Donnie E. (Tennessee)

Documents in the Clearinghouse

Document

Docket [PACER]

Nov. 16, 2009 Docket
2

Joint Motion

Aug. 6, 2002 Pleading / Motion / Brief
1

Complaint

Aug. 12, 2002 Complaint
3

Order of Conditional Dismissal

Aug. 15, 2002 Order/Opinion

Settlement Agreement

Jan. 1, 2003 Settlement Agreement

Findings Letter

No Court

June 16, 2005 Findings Letter/Report
9

JOINT MOTION OF THE PARTIES FOR ORDER OF FINAL DISMISSAL

U.S.A v. Shelby County, TN, et al.

Oct. 1, 2009 Pleading / Motion / Brief

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4384078/united-states-v-shelby-county-tn/

Last updated May 12, 2022, 8 p.m.

ECF Number Description Date Link
1

COMPLAINT (Summonses NOT issued) ; Filing fee $ waived (AGJ) (Entered: 08/13/2002)

Aug. 12, 2002 PACER
2

JOINT MOTION by plaintiff, defendant for order conditionally dismissing this action (PWM) (Entered: 08/13/2002)

Aug. 12, 2002 PACER
3

ORDER OF CONDITIONAL DISMISSAL by Judge Bernice B. Donald For good cause shwon it is hereby ORDERED, ADJUDGED AND DECREED: That this case is conditionally dismissed and shall be placed on the inactive docket pending compliance w/ the Settlement Agreement lodged w/ the Court. This Court will retain jurisdiction over the case, pending compliance w/ the Settlement Agreement, until afinal dismissal w/ prejudice is entered. The clerk is directed to administratively close this case pending further orders of this court. terminating case (cc: all counsel) (PWM) (Entered: 08/16/2002)

Aug. 15, 2002 RECAP
4

NOTICE of Appearance by Debra L. Fessenden on behalf of all defendants (Fessenden, Debra) (Entered: 10/28/2009)

Oct. 28, 2009 PACER
5

Joint MOTION to Reopen Case with proposed Order submitted by all defendants. (Fessenden, Debra) (Entered: 10/28/2009)

Oct. 28, 2009 RECAP
6

ORDER granting 5 Motion to Reopen Case. Signed by Judge Bernice B. Donald on 11/2/2009. (Donald, Bernice) (Entered: 11/02/2009)

Nov. 2, 2009 PACER
7

NOTICE by Shelby County, Tennessee, Jim Rout, A. C. Gilless of Substitution of Counsel of Debra L. Fessenden in place of Fred E. Jones, Jr. (Fessenden, Debra) (Entered: 11/02/2009)

Nov. 2, 2009 PACER
8

NOTICE by Shelby County, Tennessee, Jim Rout, A. C. Gilless of Subsititution of Acting Mayor Avery in place of former Mayor Rout and Sheriff Luttrell in place of former Sheriff Gilless (Fessenden, Debra) (Entered: 11/09/2009)

Nov. 9, 2009 PACER
9

Joint MOTION to Dismiss Joint Motion for an Order of Final Dismissal with proposed Order submitted by Shelby County, Tennessee, Jim Rout, A. C. Gilless. (Fessenden, Debra) (Entered: 11/09/2009)

Nov. 9, 2009 PACER
10

ORDER granting 9 Motion to Dismiss. Signed by Judge Bernice B. Donald on 11/16/2009. (Donald, Bernice) (Entered: 11/16/2009)

Nov. 16, 2009 PACER
11

JUDGMENT. Signed by Judge Bernice B. Donald on 11/16/2009. (Donald, Bernice) (Entered: 11/16/2009)

Nov. 16, 2009 PACER

State / Territory: Tennessee

Case Type(s):

Jail Conditions

Key Dates

Filing Date: Aug. 12, 2002

Closing Date: 2002

Case Ongoing: No

Plaintiffs

Plaintiff Description:

U.S. Department of Justice Civil Rights Division

Plaintiff Type(s):

U.S. Dept of Justice plaintiff

Attorney Organizations:

U.S. Dept. of Justice Civil Rights Division

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Shelby County Jail (Shelby), 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)

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: 2002 - 0

Issues

General:

Access to lawyers or judicial system

Assault/abuse by residents/inmates/students

Bathing and hygiene

Classification / placement

Disciplinary procedures

Food service / nutrition / hydration

Law library access

Recreation / Exercise

Sanitation / living conditions

Staff (number, training, qualifications, wages)

Totality of conditions

Affected Gender:

Male

Medical/Mental Health:

Medical care, general

Mental health care, general

Suicide prevention

Type of Facility:

Government-run