Case: United States v. Louisiana

3:98-cv-00947 | U.S. District Court for the Middle District of Louisiana

Filed Date: Nov. 5, 1998

Closed Date: May 2, 2006

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Case Summary

This is one of a collection of § 1983 inmate cases filed in Louisiana federal courts to challenge the operation and conditions of confinement in the Louisiana prison system and in parish and city jails throughout Louisiana. These cases have worked their way through the federal courts over the last four decades and are part of this collection, located at PC-LA, JC-LA and JI-LA.This case stems from a report published in October 1995 by the Human Rights Watch. The report, titled "Children in Con…

This case stems from a report published in October 1995 by the Human Rights Watch. The report, titled "Children in Confinement in Louisiana," detailed abuse of juveniles confined in secure facilities throughout Louisiana. Former President Jimmy Carter asked the United States Department of Justice [DOJ] to investigate pursuant to its authority under the Civil Rights of Institutionalized Persons Act (CRIPA), 42 U.S.C. § 1997 et seq. The DOJ determined that a new investigation was appropriate and would not conflict with the DOJ's involvement in the pre-CRIPA lawsuit Williams v. Edwards, [PC-LA-1 of this collection], which challenged conditions of confinement at adult prisons in Louisiana.

On April 25, 1996, the DOJ notified State of Louisiana (State) that it would investigate the State's secure juvenile correctional facilities, including the Jetson Correctional Center for Youth in Baton Rouge (Jetson), the Training Institute at Bridge City (Bridge City), the Louisiana Training Institute at Monroe (later renamed Swanson Correctional Center for Youth) (Swanson), and the Tallulah Correctional Center for Youth (Tallulah).

Because of the severity of abuse found at Jetson and Bridge City, the DOJ took the unusual step of issuing an interim report on July 15, 1996. According to the DOJ, virtually every juvenile interviewed reported being hit, kicked, punched, and strangled by corrections officers. Orthopedic injuries, such as broken jaws and dislocated fingers, were the primary reason detainees sought medical care. Such injuries were reportedly inflicted both by guards and by children whom the guards would bribe to attack other juvenile detainees. Further, detention center staff failed to intervene to protect young and cognitively impaired children from being sexually abused by older children. Detainees hesitated to report abuse for fear of retribution. The DOJ recommended that the State take specific steps to eradicate the abuse at Jetson and Bridge City. On July 30, 1996, the State implemented a statewide program, Project Zero Tolerance, in an attempt to eliminate abuse.

Project Zero Tolerance proved to be ineffective. In its second interim report, issued on October 3, 1996, the DOJ noted that twenty-eight children confined at Tallulah were hospitalized for severe injuries during the first twenty-days of Project Zero Tolerance. Guards escaped detection by beating detainees in areas not monitored by closed circuit video. Guards also allowed children to fight in areas not monitored by video. At Swanson, the DOJ discovered a practice called a "sixty", in which the guards would give a child a package of sixty cookies if that child could injure another detainee significantly enough to require hospitalization. The DOJ believed that the culture of violence was exacerbated by excessive use of physical and chemical restraints. Tallulah and Swanson also had significant problems with suicide prevention, mental health care, HIV testing, sex between detainees and guards, universal blood borne pathogen precautions, and medical care for asthmatics, especially those in boot camp. The DOJ, noting that Project Zero Tolerance was clearly insufficient, recommended that the State take new steps to address these problems, including expanding closed circuit video monitoring.

On June 13, 1997, the DOJ issued its final findings letter, outlining the unlawful conditions that it uncovered at the State juvenile facilities. A copy of the letter was sent to the Court overseeing Williams v. Edwards No. 71-98-B, [PC-LA-1], a case in which the DOJ intervened. The findings letter charged that the State failed to protect juvenile detainees from harm, which was evinced by systematic and life threatening physical abuse and juvenile-on-juvenile violence. Some of the DOJ other concerns related to (1) abuse investigations, (2) classification of detainees, (3) inappropriate commitment of mentally ill and developmentally delayed children to corrections facilities, (4) accessible accommodations for children with physical disabilities (5) dental and medical care, (6) rehabilitative services, (7) staff-to-detainee ratios and training, (8) overly-restrictive mail, telephone, and visitation rules, (9) access to courts, and (10) substandard care for children with HIV or AIDS. The DOJ also asked the Department of Labor to examine the State's work programs for juvenile detainees, suspecting violations of the Fair Labor Standards Act.

In the Spring of 1998, the District Court in Williams v. Edwards No. 71-98-B, [PC-LA-1] ordered the DOJ, to retour the four juvenile facilities and submit a report on the conditions.

In July 1998, a second private class action lawsuit, Brian B. v. Stalder was filed concerning conditions of confinement at Tallulah. [JI-LA-6]

In November 1998, the DOJ filed suit against the State in the U.S. District Court for the Middle District of Louisiana pursuant to 42 U.S.C. § 1997 et seq. (CRIPA), and 42 U.S.C. §14141, alleging unconstitutional conditions of confinement at the Jetson, Bridge City, Swanson and Tallulah facilities. The suit, styled U.S. v. Louisiana, was consolidated with Williams v. Edwards, Civ. No. 71-98-B [PC-LA-1] and Brian B. v. Stadler, Civ. No. 98-886-B-M1 [JI-LA-6] A.A., et al. v. Wackenhut Corrections Corp., et al. CIV.A. 00-246-B-M1 [JI-LA-7] was later also made part of the consolidated cases.

In November 1999, the parties reached an agreement to resolve the education claims in the consolidated cases. The District Court (Judge Frank J. Polozola) approved the settlement and conditionally dismissed the education claims. (Final dismissal came in January 2003 when full compliance was achieved).

In April 2000, the DOJ and defendants entered into a settlement agreement ("the Jena Agreement") to resolve demands for preliminary injunctive relief sought by the DOJ in U.S. v. State of Louisiana, and by the Private Plaintiffs in A.A., et al. v. Wackenhut Corrections Corp., et al. CIV.A. 00-246-B-M1 [JI-LA-7] regarding conditions at Jena Juvenile Justice Center. An amendment to the Jena Agreement was filed on May 9, 2000.

In August 2000, the parties entered into the "2000 Settlement Agreement" which resolved the issues of juvenile justice; medical, dental, mental health and rehabilitative services; and access to the courts. The District Court approved the 2000 Settlement Agreement and conditionally dismissed those claims in October 2000.

In January 2003, the parties entered into the "2003 Settlement Agreement," which dismissed and/or modified various provisions of the 2000 Settlement Agreement. It also provided for the appointment of an Independent Expert to monitor compliance.

In 2004, the parties entered into the "2004 Settlement Agreement," which terminated many of the provisions in the 2000 and 2003 Settlement Agreements, including termination of all provisions relating to the Bridge City and Tallulah facilities and provisions relating to medical and dental care at all facilities. What remained were provisions relating to juvenile justice, rehabilitation and mental health care at Swanson and Jetson.

In January 2006, the Independent Expert determined that the State had reached substantial compliance with the 2004 Settlement Agreement. It was also noted that the State was in the process of implementing a new model for troubled youth in secured care facilities, which moved away from a correctional-based approached, called the "Louisiana Model" (LAMOD).

On April 28, 2006, all parties filed a joint motion to dismiss the cases, citing that the State had reached substantial compliance with the provisions of the 2004 Settlement Agreement. The District Court (Judge James Brady) approved the motion and dismissed all of the consolidated cases on May 2, 2006.

	Document
3:98-cv-00947	Docket (PACER)	July 7, 2004	July 7, 2004 Docket
	Correspondence re: Louisiana's Juvenile Correctional Facilities CRIPA Investigation No Court	Dec. 22, 1995	Dec. 22, 1995 Correspondence
	Correspondence re: Louisiana's Juvenile Correctional Facilities CRIPA Investigation No Court	Feb. 2, 1996	Feb. 2, 1996 Correspondence
	Memorandum re: Recommendation to Investigate Secure Correctional Facilities for Children in Louisiana CRIPA Investigation No Court	April 16, 1996	April 16, 1996 Justification Memo
	Notice Letter re: CRIPA Investigation of Secure Correctional Facilities for Children in Louisiana CRIPA Investigation No Court	April 25, 1996	April 25, 1996 Notice Letter
	Findings Letter re: Secure Correctional Facilities for Children in Louisiana CRIPA Investigation No Court	July 15, 1996	July 15, 1996 Findings Letter/Report
	Correspondence re: CRIPA Investigation of Louisiana's Juvenile Correctional Facilities CRIPA Investigation No Court	Sept. 23, 1996	Sept. 23, 1996 Correspondence
	Department of Justice, Office of the Assistant Attorney General Letter to Mike Foster CRIPA Investigation No Court	Oct. 3, 1996	Oct. 3, 1996 Findings Letter/Report
	Memorandum: Louisiana Juvenile Training Facilities Findings Letter [Proposed] CRIPA Investigation No Court	June 13, 1997	June 13, 1997 Findings Letter/Report
	Findings Letter re: Secure Correctional Facilities for Juveniles in Louisiana CRIPA Investigation No Court	June 18, 1997	June 18, 1997 Findings Letter/Report

Title	Description		External URL Date / External URL
Review of the Use of Monitors in Civil Settlement Agreements and Consent Decrees Involving State and Local Government Entities Attorney General Merrick Garland and Assoc. AG Vanita Gupta	Today, the Justice Department will begin implementing a set of principles and specific recommendations regarding the use ofmonitors in civil settlement agreements and consent decrees involving state …	Sept. 13, 2021	Sept. 13, 2021 https://www.justice.gov/...
Policing the Police: The Impact of "Pattern-or-Practice" Investigations on Crime Tanaya Devi, Roland G. Fryer Jr	This paper provides the first empirical examination of the impact of federal and state "Pattern-or Practice" investigations on crime and policing. For investigations that were not preceded by "viral"…	June 1, 2020	June 1, 2020 None

ECF Number	Description	Date	Link Date / Link
1	COMPLAINT (elp) (Entered: 11/06/1998)	Nov. 5, 1998	Nov. 5, 1998 Clearinghouse
2	MOTION by USA to Consolidate Cases (elp) (Entered: 11/06/1998)	Nov. 5, 1998	Nov. 5, 1998 Clearinghouse
3	MEMORANDUM by USA in support of [2-1] motion to Consolidate Cases by USA (elp) (Entered: 11/06/1998)	Nov. 5, 1998	Nov. 5, 1998 Clearinghouse
5	PLAINTIFF'S Discovery Plan (hcj) (Entered: 11/10/1998)	Nov. 5, 1998	Nov. 5, 1998
4	ORDER granting [2-1] motion to Consolidate Cases by USA...consolidated with 71-98, 97-MS-01, 97-666, 97-667, 97-668, 98- 884, 98-886 ( signed by Chief Judge Frank J. Polozola ), issued notices. (elp) (Entered: 11/06/1998)	Nov. 6, 1998	Nov. 6, 1998
6	ORDER vacating [4-1] order consolidating this case with the prison cases...the motion to consolidate will be discussed at a status cnf ( signed by Chief Judge Frank J. Polozola ), issued notices. (elp) (Entered: 11/10/1998)	Nov. 10, 1998	Nov. 10, 1998
7	Minute entry: Status Conference held. It is ordered that on or before 11/17/98, the parties shall submit to the Court a report which clrifies the issues upon which a consensus has been reached. set Notice of Compliance deadline to 11/17/98 ( signed by Chief Judge Frank J. Polozola ) ,issued notices (hcj) (Entered: 11/16/1998)	Nov. 10, 1998	Nov. 10, 1998
	Status Conference held (hcj) (Entered: 11/16/1998)	Nov. 10, 1998	Nov. 10, 1998
8	MEMORANDUM by Wackenhut Corrections Corporation in opposition to [2-1] motion to Consolidate Cases by USA (elp) (Entered: 11/16/1998)	Nov. 13, 1998	Nov. 13, 1998
9	MOTION by USA to fie response to the Court's 11/10/98 order underseal (hcj) (Entered: 11/20/1998)	Nov. 17, 1998	Nov. 17, 1998
	Status Conference held (hcj) (Entered: 11/25/1998)	Nov. 19, 1998	Nov. 19, 1998
10	ORDER granting [9-1] motion to fie response to the Court's 11/10/98 order underseal by USA ( signed by Chief Judge Frank J. Polozola ), issued notices. (hcj) (Entered: 11/20/1998)	Nov. 20, 1998	Nov. 20, 1998
11	United States Response to the Court's 11/10/98 UNDERSEAL (hcj) (Entered: 11/20/1998)	Nov. 20, 1998	Nov. 20, 1998
12	SCHEDULING ORDER setting Status conference by 10:00 12/22/98 before magistrate judge. See order for deadlines. ( signed by Mag. Judge Stephen C. Riedlinger ), issued notices. (hcj) (Entered: 11/24/1998)	Nov. 20, 1998	Nov. 20, 1998
13	Minute entry: Status Conference held on 11/19/98. It is ordered the Motion to continue filed on behalf of the dfts be denied set Bench Trial for 9:00 2/22/99 It is further ordered that the Motion to Certify Class submitted on behalf of pltfs in Brian B be scheduled for hearing on 12/7/98 9:00 ( signed by Chief Judge Frank J. Polozola ) ,issued notices (hcj) (Entered: 11/25/1998)	Nov. 24, 1998	Nov. 24, 1998
	SUMMONS(ES) issued for State of LA, Mike Foster, Dept of Public Safe, Richard L. Stalder, Billy Travis, Elijah Lewis, Benny Harris, Gary Gremillion, Trans-American Dev . Service deadline set for 12/9/98 (elp) (Entered: 11/30/1998)	Nov. 25, 1998	Nov. 25, 1998
14	NOTICE TO COUNSEL . . . re: Scheduling Order ( signed by Mag. Judge Stephen C. Riedlinger ), issued notices. (hcj) (Entered: 12/01/1998)	Dec. 1, 1998	Dec. 1, 1998
15	SUMMONS Returned Executed as to State of LA, Mike Foster, Dept of Public Safe, Richard L. Stalder, Elijah Lewis 12/1/98 Answer due on 12/21/98 for Elijah Lewis, for Dept of Public Safe, for Mike Foster, for State of LA (elp) (Entered: 12/02/1998)	Dec. 2, 1998	Dec. 2, 1998
16	RULING on Discovery Disputes... The court ruled that the scope of the juvenile offender pltfs/witness depositions is not restricted to any specific event(s) identified in the pltfs' possible witness lists. The court ruled that te pltfs need not supplement their contentions at this time. The dfts discovery requests and tht pltfs' lists of contentions will be compared. The court will issue an order requiring supplements. ( signed by Mag. Judge Stephen C. Riedlinger ), issued notices. (hcj) (Entered: 12/03/1998)	Dec. 2, 1998	Dec. 2, 1998
17	ORDER . . .It is ordered that CA 97-665-B-M1, CA 98-886-B-M1, and 98-947-B-M1 for purposes of pre-trial and trial matters. ( signed by Chief Judge Frank J. Polozola ), issued notices. (hcj) (Entered: 12/03/1998)	Dec. 3, 1998	Dec. 3, 1998
18	MEMORANDUM by USA in opposition to to Class Certification in Brian B v. Stalder (hcj) (Entered: 12/09/1998)	Dec. 7, 1998	Dec. 7, 1998
19	SUPPLEMENTAL RULING . . . the 12/2/98 ruling is maintained. Institution staff members may be questioned by the pltfs' experts to obtain information such as directions, the location of records, and the location of juvenile offenders during the inspection. ( signed by Mag. Judge Stephen C. Riedlinger ), issued notices. (hcj) (Entered: 12/09/1998)	Dec. 7, 1998	Dec. 7, 1998
20	MOTION by USA for Protective Order (hcj) (Entered: 12/09/1998)	Dec. 7, 1998	Dec. 7, 1998
21	ORDER granting [20-1] motion for Protective Order by USA...TCCY and TADA permit inspection and copying of personnel records of past and present employees of TCCY and TADA. ( signed by Mag. Judge Stephen C. Riedlinger ), issued notices. (hcj) (Entered: 12/09/1998)	Dec. 7, 1998	Dec. 7, 1998
22	ORDER [20-1] motion for Protective Order by USA referred to Mag. Judge Stephen C. Riedlinger ( signed by Chief Judge Frank J. Polozola ), issued notices. (hcj) (Entered: 12/09/1998)	Dec. 7, 1998	Dec. 7, 1998
25	CONTENTIONS of Plaintiffs (71-98 Williams v McKeithen) (hcj) (Entered: 12/09/1998)	Dec. 7, 1998	Dec. 7, 1998
26	Plaiintiffs Contentions (98-886 Brian B., et al. v Stalder) (hcj) (Entered: 12/09/1998)	Dec. 7, 1998	Dec. 7, 1998
23	ORDER, Vacating [21-1] order permitting inspection and copying of personnel records of past and present employees and TCCY and TADA. ( signed by Chief Judge Frank J. Polozola ), issued notices. (hcj) (Entered: 12/09/1998)	Dec. 8, 1998	Dec. 8, 1998
24	RESPONSE by Trans-American Dev in opposition to [12-1] Scheduling order (hcj) (Entered: 12/09/1998)	Dec. 8, 1998	Dec. 8, 1998
24	Exhibit list by Trans-American Dev (hcj) (Entered: 12/09/1998)	Dec. 8, 1998	Dec. 8, 1998
24	Witness list by Trans-American Dev (hcj) (Entered: 12/09/1998)	Dec. 8, 1998	Dec. 8, 1998
27	Witness list by Williams Class (hcj) (Entered: 12/09/1998)	Dec. 8, 1998	Dec. 8, 1998
29	REPLY MEMORANDUM by Brian B. pltfs (98-886) in support of their motion for class certification (hcj) (Entered: 12/10/1998)	Dec. 9, 1998	Dec. 9, 1998
31	Minute entry: Motion hearing held on 12/7/98. The motion for Class Certification shall be withheld, and the Brian B. case shall be aadministratively closed. The counsel for pltfs in Brian B. shall be enrolled as co-counsel for the class of juvenile pltf in Hayes Williams/Tallulah. Pltfs in Brian B. may seek to re-open the Brian B. case and re-urge the Motion for Class Certification, as needed. ( signed by Chief Judge Frank J. Polozola ) ,issued notices (hcj) (Entered: 12/10/1998)	Dec. 9, 1998	Dec. 9, 1998
32	MOTION by Trans-American Dev for Leave to File Supplemental Opposition to the US Memorandum of LAw concerningthe ability of experts to interview staff during facility tours ( not submitted for filing) (hcj) (Entered: 12/10/1998)	Dec. 9, 1998	Dec. 9, 1998
33	ORDER granting [32-1] motion for Leave to File Supplemental Opposition to the US Memorandum of LAw concerningthe ability of experts to interview staff during facility tours by Trans-American Dev ( signed by Chief Judge Frank J. Polozola ), issued notices. (hcj) (Entered: 12/10/1998)	Dec. 9, 1998	Dec. 9, 1998
34	NOTICE by USA to take deposition of: See names of deponents listed in Exhibit A (hcj) (Entered: 12/10/1998)	Dec. 9, 1998	Dec. 9, 1998
30	SUMMONS Returned Executed as to Trans-American Dev 12/2/98 Answer due on 12/22/98 for Trans-American Dev (elp) (Entered: 12/10/1998)	Dec. 10, 1998	Dec. 10, 1998
35	STATUS CONFERENCE REPORT . . . Unscheduled telephone status conference was held on 12/10/98. Magistrate Judge will endeavor to review all of the foregoing matters with the district judge promptly and advise counsel how to proceed. ( signed by Mag. Judge Stephen C. Riedlinger ), issued notices. (hcj) (Entered: 12/16/1998)	Dec. 14, 1998	Dec. 14, 1998
36	ORDER . . . Two unscheduled telephone status conference were held on 12/11/98. set Status Conference for 10:00 12/22/98 Counsel for the Brian B. pltfs, the U.S., and Transamerica Development Corp may participate by telephone. The court will place the calls. Any other out of town counsel who wish to participate by telephone must so advise the court no later than 12/21/98. ( signed by Mag. Judge Stephen C. Riedlinger ), issued notices. (hcj) (Entered: 12/16/1998)	Dec. 14, 1998	Dec. 14, 1998

Case: United States v. Louisiana

3:98-cv-00947 | U.S. District Court for the Middle District of Louisiana

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