Case: U.S. v. Mississippi

3:94-cv-00115 | U.S. District Court for the Southern District of Mississippi

Filed Date: March 9, 1994

Closed Date: 1999

Clearinghouse coding complete

Case Summary

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…

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)

People


Judge(s)

Lee, Tom Stewart (Mississippi)

Attorneys(s) for Plaintiff

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)

Attorneys(s) for Defendant

Moore, Mike (Mississippi)

Thweatt, Carol F. (Mississippi)

Judge(s)

Lee, Tom Stewart (Mississippi)

Attorneys(s) for Plaintiff

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)

Attorneys(s) for Defendant

Moore, Mike (Mississippi)

Thweatt, Carol F. (Mississippi)

Documents in the Clearinghouse

Document

3:94-cv-00115

Docket (PACER)

March 31, 1999

March 31, 1999

Docket

3:94-cv-00115

Notice Letter re: CRIPA Investigation of Boswell Retardation Center, Sanatorium, Mississippi

No Court

July 23, 1990

July 23, 1990

Notice Letter

Findings Letter re: CRIPA Investigation of Boswell Retardation Center, Sanatorium, Mississippi

No Court

Nov. 21, 1991

Nov. 21, 1991

Findings Letter/Report
1

3:94-cv-00115

Complaint

March 9, 1994

March 9, 1994

Complaint
1

3:94-cv-00115

Agreed Order

March 9, 1994

March 9, 1994

Order/Opinion

Resources

Docket

Last updated Aug. 6, 2022, 3:08 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT Filing Fee waived ; (lwe) (Entered: 03/09/1994)

March 9, 1994

March 9, 1994

Magistrate Judge Assignment - Alfred G. Nicols, Jr. (lwe) (Entered: 03/09/1994)

March 9, 1994

March 9, 1994

2

AGREED ORDER: The parties to this action having agreed to the provisions in the Agreed Order set forth, and the Court being advised in the premises, this Agreed Order is hereby entered as the ORDER and JUDGMENT of this Court. ( signed by Judge Tom S. Lee ); copies mailed. (csf) Modified on 09/07/1994 (Entered: 03/14/1994)

March 10, 1994

March 10, 1994

Boswell Retardation Center Plan of Implementation - 1994 - One volume. (csf) (Entered: 03/14/1994)

March 10, 1994

March 10, 1994

Case closed. (csf) (Entered: 03/14/1994)

March 10, 1994

March 10, 1994

3

MOTION by movant MS Protection System, movant Glen Allen Porter, movant Thomas W. Talkington to Vacate [2-1] order (an) (Entered: 09/07/1994)

Sept. 6, 1994

Sept. 6, 1994

4

NOTICE of motion to vacate consent decree before Judge Tom S. Lee by movant MS Protection System, movant Glen Allen Porter, movant Thomas W. Talkington (spc) (Entered: 09/16/1994)

Sept. 16, 1994

Sept. 16, 1994

5

JOINT MOTION by plaintiff United States, defendant State of Mississippi to Extend Time to respond to Motion to Vacate Consent Decree (fe) (Entered: 09/30/1994)

Sept. 29, 1994

Sept. 29, 1994

6

ORDER granting [5-1] joint motion to Extend Time to respond to Motion to Vacate Consent Decree, Response to Motion reset to 10/15/94 for [3- 1] motion to Vacate [2-1] order ( signed by Judge Tom S. Lee ); copies mailed. (fe) (Entered: 09/30/1994)

Sept. 29, 1994

Sept. 29, 1994

7

Notice of Service of First Set of Interrogatories by movant MS Protection System to all defendants. (sec) (Entered: 10/04/1994)

Oct. 3, 1994

Oct. 3, 1994

8

FIRST REQUEST for Admissions by movant MS Protection System to defendant State of Mississippi, defendant Kirk Fordice, defendant Albert Randel Hendrix, defendant Roger McMurtry, defendant Suzie Lassiter (sec) (Entered: 10/04/1994)

Oct. 3, 1994

Oct. 3, 1994

10

Second Quarter Report on the Impllementation of the Agreed Order between the U. S. Department of Justice and Boswell Regional Center by defendant Suzie Lassiter. (sec) (Entered: 10/12/1994)

Oct. 11, 1994

Oct. 11, 1994

11

RESPONSE by defendant State of Mississippi, defendant Kirk Fordice, defendant Albert Randel Hendrix, defendant Roger McMurtry, defendant Suzie Lassiter to [3-1] motion to Vacate [2-1] order by movants (lwe) (Entered: 10/18/1994)

Oct. 17, 1994

Oct. 17, 1994

12

RESPONSE by plaintiff United States to [3-1] motion to Vacate [2-1] order by movants (lwe) (Entered: 10/19/1994)

Oct. 17, 1994

Oct. 17, 1994

13

MOTION by movant MS Protection System to Extend Time to Reply to Defendants' Response (fe) (Entered: 10/28/1994)

Oct. 25, 1994

Oct. 25, 1994

14

ORDER granting [13-1] motion to Extend Time to Reply to Defendants' Response, Reply to Response to Motion reset to 11/4/94 for [3-1] motion to Vacate [2-1] order ( signed by Judge Tom S. Lee ); copies mailed. (fe) (Entered: 10/28/1994)

Oct. 27, 1994

Oct. 27, 1994

15

RESPONSE by movant MS Protection System in support of [3-1] motion to Vacate [2-1] order by movants (cwl) (Entered: 11/08/1994)

Nov. 7, 1994

Nov. 7, 1994

16

Supplemental RESPONSE by plaintiff United States in opposition to [3- 1] motion to Vacate [2-1] order by movants (cwl) (Entered: 11/23/1994)

Nov. 23, 1994

Nov. 23, 1994

17

Third Quarterly Report filed by Department of Mental Health. (spc) (Entered: 01/10/1995)

Jan. 9, 1995

Jan. 9, 1995

18

REPORT TO THE COURT by Boxwell Regional Center Mississippi Department of Mental Health (thr) (Entered: 04/10/1995)

April 10, 1995

April 10, 1995

19

MEMORANDUM OPINION and ORDER denying [3-1] motion to Vacate [2-1] order ( signed by Judge Tom S. Lee ) ;copies mailed. ob: 1995 page: 1115-1119 (thr) (Entered: 05/03/1995)

May 3, 1995

May 3, 1995

20

MOTION by movant MS Protection System to Amend [19-1] order (thr) (Entered: 05/18/1995)

May 18, 1995

May 18, 1995

21

RESPONSE by defendants State of Mississippi, Kirk Fordice, Albert Randel Hendrix, Roger McMurtry, Suzie Lassiter to [20-1] motion to Amend [19-1] order by movant (thr) (Entered: 06/05/1995)

June 5, 1995

June 5, 1995

22

ORDER denying [20-1] motion to Amend [19-1] order ( signed by Judge Tom S. Lee ); copies mailed. (thr) (Entered: 06/20/1995)

June 20, 1995

June 20, 1995

23

FIFTH QUARTER REPORT TO THE COURT by Boswell Regional Center Mississippi Department of Mental Health (thr) (Entered: 07/27/1995)

July 27, 1995

July 27, 1995

24

SIXTH QUARTER REPORT TO THE COURT by Boswell Regional Center Mississippi Department of Mental Health (thr) (Entered: 10/24/1995)

Oct. 24, 1995

Oct. 24, 1995

25

SEVENTH REPORT TO THE COURT by Boswell Regional Center Mississippi Department of Mental Health (thr) (Entered: 01/19/1996)

Jan. 19, 1996

Jan. 19, 1996

26

EIGHTH REPORT TO THE COURT by Boswell Regional Center Mississippi Department of Mental Health (thr) (Entered: 04/15/1996)

April 12, 1996

April 12, 1996

27

Ninth Quarter REPORT TO THE COURT from Boswell Regional Center. (spc) (Entered: 07/16/1996)

July 15, 1996

July 15, 1996

28

Tenth Quarter REPORT TO THE COURT from Boswell Regional Center (thr) (Entered: 10/16/1996)

Oct. 16, 1996

Oct. 16, 1996

29

Eleventh Quarter REPORT TO THE COURT by Boswell Regional Center (fe) (Entered: 01/14/1997)

Jan. 14, 1997

Jan. 14, 1997

30

Twelfth Quarter REPORT TO THE COURT by Boswell Regional Center (thr) (Entered: 04/21/1997)

April 21, 1997

April 21, 1997

31

Thirteenth Quarter REPORT TO THE COURT by Boswell Regional Center (thr) (Entered: 07/15/1997)

July 14, 1997

July 14, 1997

32

Thirteenth Ouarter REPORT TO THE COURT by Boswell Regional Center (thr) (Entered: 10/24/1997)

Oct. 23, 1997

Oct. 23, 1997

33

STIPULATION as to plaintiff United States, defendant Kirk Fordice, et al, by Judge Tom S. Lee, copies mailed. (thr) Modified on 01/27/1998 (Entered: 01/27/1998)

Jan. 27, 1998

Jan. 27, 1998

34

Fifteenth Quarter REPORT TO THE COURT by Boswell Regional Center (thr) (Entered: 01/29/1998)

Jan. 29, 1998

Jan. 29, 1998

35

Sixteenth Quarter REPORT TO THE COURT by Boswell Regional Center (thr) (Entered: 04/21/1998)

April 21, 1998

April 21, 1998

36

Seventeenth Quarterly REPORT TO THE COURT by Boswell Regional Center (thr) (Entered: 07/20/1998)

July 17, 1998

July 17, 1998

37

Eighteenth Quarterly REPORT TO THE COURT by Boswell Retional Center (thr) (Entered: 10/14/1998)

Oct. 14, 1998

Oct. 14, 1998

38

Nineteenth Quarterly REPORT TO THE COURT by Boswell Regional Center (thr) (Entered: 01/22/1999)

Jan. 20, 1999

Jan. 20, 1999

39

JOINT MOTION by plaintiff United States, defendant Kirk Fordice, et al to Dismiss Order vacating the 3/10/94 Agreed Order (thr) Modified on 03/31/1999 (Entered: 03/30/1999)

March 29, 1999

March 29, 1999

40

ORDER granting [39-1] joint motion to Dismiss Order vacating the 3/10/94 Agreed Order. This case is dismissed, the injunction dissolved and jurisdiction of this court is terminated. ( signed by Judge Tom S. Lee ); copies mailed. (thr) (Entered: 03/31/1999)

March 31, 1999

March 31, 1999

Case Details

State / Territory: Mississippi

Case Type(s):

Intellectual Disability (Facility)

Special Collection(s):

Multi-LexSum (in sample)

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:

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: 1994 - 1999

Issues

General:

Assault/abuse by staff

Habilitation (training/treatment)

Neglect by staff

Record-keeping

Restraints : physical

Staff (number, training, qualifications, wages)

Disability:

Least restrictive environment

Mental Disability:

Intellectual/developmental disability, unspecified

Medical/Mental Health:

Mental health care, general

Type of Facility:

Government-run