Filed Date: March 9, 1994
Closed Date: 1999
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On July 23, 1990, the United States Department of Justice (DOJ) instituted an investigation into the conditions of confinement at the Boswell Retardation Center in Sanitorium, Mississippi, pursuant to the Civil Rights of Institutionalized Persons Act (CRIPA), 42 U.S.C. § 1997. The investigation was instituted due to concerns that the constitutional rights of the residents at Boswell were being violated by inadequate staffing, abuse, neglect, misuse of restraints, inadequate record-keeping, and failure to provide treatment.
On November 21, 1991, the DOJ issued a findings letter to the State of Mississippi, informing the governor that their investigation had revealed unconstitutional conditions at Boswell, including undue restraint on residents, inadequate staffing, inadequate psychiatric care, poor record-keeping, and a physical environment which threatens the health and safety of residents.
On March 9, 1994, the DOJ filed a lawsuit against the State of Mississippi under 42 U.S.C. § 1997 in the U.S. District Court for the Southern District of Mississippi. The complaint alleged that the defendants were violating the constitutional rights of the residents at Boswell. On March 10, 1994, the District Court (Judge Tom S. Lee) adopted an agreed order filed jointly by the parties to the lawsuit.
On March 31, 1999, the parties filed a joint motion for dismissal. The District Court (Judge Lee) granted the motion and dismissed the case.
Summary Authors
Kristen Sagar (3/21/2007)
Lee, Tom Stewart (Mississippi)
Deutsch, David (District of Columbia)
Dunne, John R. (District of Columbia)
Lynn, Daniel E. (District of Columbia)
Peabody, Arthur E. Jr. (District of Columbia)
Phillips, George L. (District of Columbia)
Reno, Janet (District of Columbia)
Turner, James P. (District of Columbia)
Moore, Mike (Mississippi)
Thweatt, Carol F. (Mississippi)
Lee, Tom Stewart (Mississippi)
Deutsch, David (District of Columbia)
Dunne, John R. (District of Columbia)
Lynn, Daniel E. (District of Columbia)
Peabody, Arthur E. Jr. (District of Columbia)
Phillips, George L. (District of Columbia)
Reno, Janet (District of Columbia)
Turner, James P. (District of Columbia)
Moore, Mike (Mississippi)
Thweatt, Carol F. (Mississippi)
Last updated May 11, 2022, 8 p.m.
State / Territory: Mississippi
Case Type(s):
Intellectual Disability (Facility)
Key Dates
Filing Date: March 9, 1994
Closing Date: 1999
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
Boswell Retardation Center (Jackson, Hinds), State
Case Details
Causes of Action:
Civil Rights of Institutionalized Persons Act (CRIPA), 42 U.S.C. § 1997 et seq.
Availably Documents:
Injunctive (or Injunctive-like) Relief
Outcome
Prevailing Party: Plaintiff
Nature of Relief:
Injunction / Injunctive-like Settlement
Source of Relief:
Form of Settlement:
Court Approved Settlement or Consent Decree
Order Duration: 1994 - 1999
Issues
General:
Habilitation (training/treatment)
Staff (number, training, qualifications, wages)
Disability:
Mental Disability:
Intellectual/developmental disability, unspecified
Medical/Mental Health:
Type of Facility: