Case: U.S. v. Mississippi

3:90-00320 | U.S. District Court for the Southern District of Mississippi

Filed Date: June 21, 1990

Closed Date: 1992

Clearinghouse coding complete

Case Summary

On June 21, 1990, the U.S. Department of Justice filed a lawsuit under the Civil Rights of Institutionalized Persons Act (CRIPA), 42 U.S.C. § 1997 et seq., against the State of Mississippi in the U.S. District Court for the Southern District of Mississippi. The government alleged that the conditions at Ellisville State School, a state-run facility for people with intellectual disabilities in Ellisville, Mississippi, violated the constitutional rights of the residents, and it asked the court fo…

On June 21, 1990, the U.S. Department of Justice filed a lawsuit under the Civil Rights of Institutionalized Persons Act (CRIPA), 42 U.S.C. § 1997 et seq., against the State of Mississippi in the U.S. District Court for the Southern District of Mississippi. The government alleged that the conditions at Ellisville State School, a state-run facility for people with intellectual disabilities in Ellisville, Mississippi, violated the constitutional rights of the residents, and it asked the court for injunctive relief. The government claimed that the state had failed to provide medical care and treatment; to prescribe and administer medications properly; and to employ a sufficient number of trained staff to care for the residents. Furthermore, the residents were subjected to unnecessary bodily restraints. The government asked the court for injunctive relief. The case was assigned to Judge William H. Barbour Jr.

The lawsuit was prompted by the Department's September, 1985 investigation of the facility's conditions. In a report issued to the state on March 25, 1986, the Department described an insufficient number of psychologists and psychiatrists on staff; a lack of training for children who exhibited dangerously aggressive behavior; the excessive administration of psychotropic medications; inaccurate recordkeeping; and the disrepair of some rooms. The report recommended providing residents with medical care; improving recordkeeping; modifying medication practices to comply with professional standards; instituting training programs; ending the use of physical restraints; and increasing the number of staff.

On June 21, 1990, the parties entered a Consent Decree. The State agreed to improvements in a variety of areas, including the development of training programs; the increase of staff; and the administration of medical care and medication. They also agreed to use bodily restraint and seclusion practices only when appropriate. The court approved the Decree the same day. The court was to retain jurisdiction over the action until the defendants fully and faithfully implemented all provisions of the Consent Decree; the parties anticipated that this would be in two years from its entry.

Information about this case is somewhat limited following the entry of the Consent Decree. In May 1992, the parties agreed to changes in policies and procedures at the Ellisville State School following the entry of the consent decree. It appears that the State implemented the Consent Decree's provisions within the time anticipated, as on August 7, 1992, the court dismissed the case with the agreement of the parties.

Summary Authors

Laura Uberti (7/21/2006)

Sarah McDonald (8/12/2018)

People


Judge(s)

Barbour, William Henry Jr. (Mississippi)

Attorneys(s) for Plaintiff

Deutsch, David (District of Columbia)

Dunne, John R. (District of Columbia)

Peabody, Arthur E. Jr. (District of Columbia)

Phillips, George L. (District of Columbia)

Reynolds, William Bradford (District of Columbia)

Thornburgh, Dick (District of Columbia)

Attorneys(s) for Defendant

Gibbs, Robert L. (Mississippi)

Moore, Mike (Mississippi)

Judge(s)

Barbour, William Henry Jr. (Mississippi)

Attorneys(s) for Plaintiff

Deutsch, David (District of Columbia)

Dunne, John R. (District of Columbia)

Peabody, Arthur E. Jr. (District of Columbia)

Phillips, George L. (District of Columbia)

Reynolds, William Bradford (District of Columbia)

Thornburgh, Dick (District of Columbia)

Attorneys(s) for Defendant

Gibbs, Robert L. (Mississippi)

Moore, Mike (Mississippi)

Documents in the Clearinghouse

Document

Docket

U.S. v.Mississippi

Aug. 7, 1992 Docket

Findings Letter re: CRIPA Investigation of Ellisville State School, Ellisville, Mississippi

March 25, 1986 Findings Letter/Report

Complaint

June 21, 1990 Complaint

Consent Decree

June 21, 1990 Order/Opinion

Resources

Title Description External URL

Docket

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

ECF Number Description Date Link

S T A T I S T I C A L C A RD S

C A RD D A T E M A I L

nan

nan

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______________ DC - 111 ( R e v . 8 /

State / Territory: Mississippi

Case Type(s):

Intellectual Disability (Facility)

Key Dates

Filing Date: June 21, 1990

Closing Date: 1992

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

Mississippi Department of Mental Health, State

Ellisville State School (Ellisville, Jones), State

Defendant Type(s):

Elementary/Secondary School

Case Details

Causes of Action:

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

Availably Documents:

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: 1990 - None

Content of Injunction:

Hire

Monitoring

Recordkeeping

Training

Issues

General:

Aggressive behavior

Failure to train

Juveniles

Reassessment and care planning

Record-keeping

Restraints : chemical

Restraints : physical

Sanitation / living conditions

Staff (number, training, qualifications, wages)

Disability:

Mental impairment

Mental Disability:

Intellectual/developmental disability, unspecified

Medical/Mental Health:

Medical care, general

Medication, administration of

Type of Facility:

Government-run