Case: U.S. v. Georgia

1:98-cv-00836 | U.S. District Court for the Northern District of Georgia

Filed Date: March 13, 1998

Closed Date: 2009

Clearinghouse coding complete

Case Summary

On March 13, 1998, the U.S. Department of Justice filed a lawsuit against the State of Georgia under the Individuals with Disabilities in Education Act (IDEA), 20 U.S.C. § 14141. The Complaint, brought in the U.S. District Court for the Northern District of Georgia, alleged that the State failed to protect the constitutional rights of juveniles incarcerated in the State's correctional facilities. Specifically, the State denied the youths adequate special educational services and medical and m…

On March 13, 1998, the U.S. Department of Justice filed a lawsuit against the State of Georgia under the Individuals with Disabilities in Education Act (IDEA), 20 U.S.C. § 14141. The Complaint, brought in the U.S. District Court for the Northern District of Georgia, alleged that the State failed to protect the constitutional rights of juveniles incarcerated in the State's correctional facilities. Specifically, the State denied the youths adequate special educational services and medical and mental health care, and facilities staff used excessive force and arbitrary disciplinary policies. In addition, the facilities lacked sufficient living space, sufficient numbers of trained staff, and recreational activities. The government sought an injunction against these practices.

The government's lawsuit was prompted by its 1997 investigation of Georgia's juvenile facilities. On February 13, 1998, the Department reported to the State its findings, gathered from documents, interviews, and on-site visits to juvenile facilities. The report described extensive inadequacies in medical care, education and rehabilitation, and staff supervision. The report also included instances of abuse, overcrowding, and the use of chemical restraints.

The parties reached an out-of-court settlement agreement, which called for the defendants to make changes in the practices described in the complaint, including improving medical and mental health care, access to educational and recreational activities, and refraining from the use of excessive force. The agreement provided for enforcement by a monitor, who would submit reports on the State's progress every six months.

The parties submitted a Joint Motion for Conditional Dismissal, which the court (Judge Julie E. Carnes) approved on March 31, 1998. The court closed the case the same day.

On July 22, 2008, the parties filed a joint motion to reopen the case, which was granted by the court. The parties entered a joint modification of the 1998 agreement with the court. This new stipulation stated that the defendants had reached substantial compliance with all terms of the agreement. On May 5, 2009, the case was again closed.

Summary Authors

Kristen Sagar (6/15/2009)

People


Judge(s)

Carnes, Julie E. (Georgia)

Attorneys(s) for Plaintiff

Becker, Grace Chung (District of Columbia)

Brown Cutlar, Shanetta Y. (District of Columbia)

Deane, Richard H. Jr. (Georgia)

Delaney, Joshua (District of Columbia)

Dixon, Harry Donival Jr. (Georgia)

Jackson, Shelley (District of Columbia)

Martin, Beverly Baldwin (Georgia)

Murphy, Amie S. (District of Columbia)

Nahmias, David (Georgia)

Judge(s)

Carnes, Julie E. (Georgia)

Attorneys(s) for Plaintiff

Becker, Grace Chung (District of Columbia)

Brown Cutlar, Shanetta Y. (District of Columbia)

Deane, Richard H. Jr. (Georgia)

Delaney, Joshua (District of Columbia)

Dixon, Harry Donival Jr. (Georgia)

Jackson, Shelley (District of Columbia)

Martin, Beverly Baldwin (Georgia)

Murphy, Amie S. (District of Columbia)

Nahmias, David (Georgia)

Nelson, Mellie H. (District of Columbia)

Preston, Judith (Judy) C. (District of Columbia)

Reno, Janet (District of Columbia)

Rosenbaum, Steven H. (District of Columbia)

Russell, Kevin K. (District of Columbia)

Welp, Laura M. (District of Columbia)

Wright, David (Georgia)

Attorneys(s) for Defendant

Baker, Thurbert E. (Georgia)

Caldwell, Daniel A. III (Georgia)

Drolet, Joseph J (Georgia)

Dunn, Dennis R. (Georgia)

Egan, Michael Cohen (Georgia)

Joy, William C. (Georgia)

Milsteen, Jeff L. (Georgia)

Westmoreland, Mary Beth (Georgia)

White, L. Todd (Georgia)

Other Attorney(s)

Lee, Bill Lann (District of Columbia)

Documents in the Clearinghouse

Document

Docket [PACER]

May 5, 2009 Docket

Memorandum of Agreement Between the U.S. and the State of Georgia re: Georgia Juvenile Facilities

Jan. 1, 1998 Pleading / Motion / Brief

Findings Letter re: CRIPA Investigation of State Juvenile Justice Facilities

No Court

Feb. 13, 1998 Findings Letter/Report

Georgia Agrees with Justice Department to Upgrade Conditions at Juvenile Detention Centers

No Court

March 18, 1998 Press Release
5

Order

U.S. v. State of Georgia

March 18, 1998 Order/Opinion

Remarks by Governor Zell Miller

No Court

March 18, 1998 Transcript
3

Joint Motion for Conditional Dismissal

March 18, 1998 Pleading / Motion / Brief
1

Complaint

March 18, 1998 Complaint

Human Rights Watch Statement on U.S.-Georgia Agreement on Juvenile Justice

No Court

March 18, 1998 Press Release

Speech by Attorney General, on Signing of the Agreement

March 19, 1998 Internal memorandum

Docket

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

ECF Number Description Date Link
1

COMPLAINT filed. Consent form to proceed before U.S. magistrate and pretrial instructions given to attorney. (aet) (Entered: 03/25/1998)

March 18, 1998
2

ANSWERS TO MANDATORY DISCLOSURES by plaintiff (aet) (Entered: 03/25/1998)

March 18, 1998
3

Joint MOTION for conditional dismissal with proposed order. (aet) (Entered: 03/25/1998)

March 18, 1998
4

WAIVER OF SERVICE Returned Executed as to dfts mailed 3/18/98. Answer due by 5/17/98. (aet) (Entered: 03/26/1998)

March 23, 1998
5

ORDER by Judge Julie E. Carnes GRANTING [3−1] joint motion for conditional dismissal (cc) (ds) (Entered: 04/01/1998)

March 31, 1998

Case terminated. (fmm) (Entered: 04/02/1998)

March 31, 1998
6

NOTICE of Appearance by Daniel A. Caldwell, III on behalf of USA (Caldwell, Daniel) (Entered: 07/22/2008)

July 22, 2008
7

MOTION to Reopen Case by USA. (Attachments: # 1 Text of Proposed Order)(Caldwell, Daniel) (Entered: 07/22/2008)

July 22, 2008
8

Joint MOTION to Amend The Order Of Conditional Dismissal by USA. (Attachments: # 1 Modification Cover Page, # 2 Signed Georgia Modification, # 3 Text of Proposed Order)(Caldwell, Daniel) (Entered: 07/22/2008)

July 22, 2008

Submission of 8 Joint MOTION to Amend The Order Of Conditional Dismissal , 7 MOTION to Reopen Case, submitted to District Judge Julie E. Carnes. (fap) (Entered: 08/15/2008)

Aug. 15, 2008
9

NOTICE by USA of Attorney Status (Caldwell, Daniel) (Entered: 08/19/2008)

Aug. 19, 2008
10

NOTICE by USA of Attorney Status (Caldwell, Daniel) (Entered: 08/20/2008)

Aug. 20, 2008
11

ORDER GRANTING 7 Motion to Reopen Case. This Court, having considered the Plaintiff's Motion to Reopen Administratively Closed Case, hereby GRANTS the Motion to Reopen and ORDERS that this matter be reopened for the purpose of enabling the parties to file a Joint Motion to Modify the Order of Conditional Dismissal which was granted by this Court on March 31, 1998. Signed by Judge Julie E. Carnes on 08/22/08. (fap) (Entered: 08/26/2008)

Aug. 25, 2008
12

ORDER GRANTING 8 Joint Motion to Amend the Order of Conditional Dismissal. IT IS HEREBY ORDERED that this case shall be placed on this Court's inactive docket; this case shall be dismissed upon the State's substantial compliance with the terms of the Modification of the Memorandum of Agreement; and this Court will retain jurisdiction over the case until an order of final dismissal is entered. Signed by Judge Julie E. Carnes on 08/22/08. (fap) (Entered: 08/26/2008)

Aug. 25, 2008
13

STIPULATION of Dismissal by USA. (Attachments: # 1 Text of Proposed Order)(Rhee, Mina) (Entered: 05/05/2009)

May 5, 2009
14

ORDER TO DISMISS. Plaintiff, the United States, and Defendants, the State of Georgia et al., stipulate that the State has achieved substantial compliance with each of the substantive provisions of the Memorandum of Agreement, as modified, in regard to the operation of the secure juvenile justice facilities operated by the Georgia Department of Juvenile Justice. The Parties therefore have moved the Court to dismiss this case with prejudice. Having reviewed the joint stipulation and for good cause shown: IT IS HEREBY ORDERED that this case is dismissed with prejudice. Signed by Judge Julie E. Carnes on 05/05/09. (fap) (Entered: 05/05/2009)

May 5, 2009

Civil Case Terminated. (fap) (Entered: 05/05/2009)

May 5, 2009

State / Territory: Georgia

Case Type(s):

Juvenile Institution

Key Dates

Filing Date: March 13, 1998

Closing Date: 2009

Case Ongoing: No

Plaintiffs

Plaintiff Description:

United States Department of Justice

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

Georgia Department of Juvenile Justice, State

Regional Youth Detention Centers, Regional

Youth Development Campuses, Private Entity/Person

Case Details

Causes of Action:

Indv. w/ Disab. Educ. Act (IDEA), Educ. of All Handcpd. Children Act , 20 U.S.C. § 1400

Availably Documents:

Trial Court Docket

Complaint (any)

Injunctive (or Injunctive-like) Relief

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: 1998 - 2009

Issues

General:

Assault/abuse by staff

Education

Recreation / Exercise

Special education

Staff (number, training, qualifications, wages)

Totality of conditions

Affected Gender:

Female

Male

Medical/Mental Health:

Medical care, general

Medication, administration of

Mental health care, general

Type of Facility:

Government-run