U.S. V. MISSISSIPPI | Civil Rights Litigation Clearinghouse

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

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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.

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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)

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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

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Docket

Last updated Jan. 22, 2023, 3:35 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

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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.

Available 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:

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

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: