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

Docket (PACER)

March 31, 1999 Docket

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

No Court

July 23, 1990 Notice Letter

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

No Court

Nov. 21, 1991 Findings Letter/Report
1

Agreed Order

March 9, 1994 Order/Opinion
1

Complaint

March 9, 1994 Complaint

Docket

Last updated May 11, 2022, 8 p.m.

ECF Number Description Date Link
1

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

March 9, 1994

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

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

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

March 10, 1994

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

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
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
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
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
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
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
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
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
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
13

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

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
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
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
17

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

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
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
20

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

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
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
23

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

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
25

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

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
27

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

July 15, 1996
28

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

Oct. 16, 1996
29

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

Jan. 14, 1997
30

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

April 21, 1997
31

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

July 14, 1997
32

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

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
34

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

Jan. 29, 1998
35

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

April 21, 1998
36

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

July 17, 1998
37

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

Oct. 14, 1998
38

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

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
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

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:

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