Filed Date: Feb. 7, 2006
Closed Date: 2010
Clearinghouse coding complete
On August 16, 2004, the Civil Rights Division of the U.S. Department of Justice (DOJ) began this investigation of the conditions at the Hawaii Youth Correctional Facility ("HYCF") in Kailua, Hawaii, pursuant to the Civil Rights of Institutionalized Persons Act ("CRIPA"), 42 U.S.C. § 1997, and the pattern or practice provision of the Violent Crime Control and Law Enforcement Act of 1994, 42 U.S.C. § 14141 ("Section 14141"). Following an extensive investigation, the DOJ issued its findings letter on August 4, 2005 in which it detailed the numerous constitutional deficiencies at the HYCF. The findings letter described the HYCF "as existing in a state of chaos" and lacking any policies or procedures to govern the operation of the facility, which created an environment where abuse of youth often went unreported and uninvestigated. The DOJ also found that youth confined at HYCF were subjected to dangerous suicide risks at the facility. Access to mental health and medical care services and required education services were also lacking.
Following the DOJ investigation and findings, the HYCF and various Hawaii state agency officials agreed to implement a series of DOJ recommended reforms at HYCF in the areas of protection from harm, training, and access to medical and mental health care and special education. The reforms were recorded in a Memorandum of Agreement (MOA) that was executed by the parties. The MOA provided that Russell Van Vleet would serve as the Monitor to oversee the three-year remediation process.
On February 7, 2006, the DOJ filed this lawsuit seeking an order to permanently enjoin the the defendants to provide legal and constitutional conditions of care to the detained youth. The same day, the parties filed a Joint Motion for Conditional Dismissal. In the joint motion, the parties requested that the Court enter the Order and place the case on its inactive docket while retaining jurisdiction over the case pursuant to the terms of the Settlement Agreement until it enters a final order dismissing the case with prejudice. The motion was granted by the District Court (Judge Samuel P. King) on February 9, 2006.
The memorandum of agreement was extended for one year to terminate on February 9, 2010, as a mutually binding agreement. The case is closed but docket does not show that a final order was entered on the case.
Summary Authors
Soojin Cha (5/1/2007)
Becker, Grace Chung (District of Columbia)
Brown Cutlar, Shanetta Y. (District of Columbia)
Chirunga , Lashanda Branch (District of Columbia)
Coon, Laura (District of Columbia)
Bennett, Mark Jeremy (Hawaii)
Kobayashi, Leslie Emi (Hawaii)
Seabright, John Michael (Hawaii)
Becker, Grace Chung (District of Columbia)
Brown Cutlar, Shanetta Y. (District of Columbia)
Chirunga , Lashanda Branch (District of Columbia)
Coon, Laura (District of Columbia)
Gerhart, Sarah H. (District of Columbia)
Kim, Wan J. (District of Columbia)
Preston, Judith (Judy) C. (District of Columbia)
Last updated Feb. 29, 2024, 3:01 a.m.
State / Territory: Hawaii
Case Type(s):
Special Collection(s):
Key Dates
Filing Date: Feb. 7, 2006
Closing Date: 2010
Case Ongoing: No
Plaintiffs
Plaintiff Description:
U.S. Department of Justice
Attorney Organizations:
U.S. Dept. of Justice Civil Rights Division
Public Interest Lawyer: No
Filed Pro Se: No
Class Action Sought: No
Class Action Outcome: Not sought
Defendants
Hawaii Departmen of Human Services, State
Hawaii Youth Correctional Facility, State
Hawaii Department of Education, State
Hawaii Office of Youth Services, State
Case Details
Causes of Action:
Civil Rights of Institutionalized Persons Act (CRIPA), 42 U.S.C. § 1997 et seq.
Indv. w/ Disab. Educ. Act (IDEA), Educ. of All Handcpd. Children Act , 20 U.S.C. § 1400
Violent Crime and Law Enforcement Act, 34 U.S.C. § 12601 (previously 42 U.S.C. § 14141)
Available Documents:
Injunctive (or Injunctive-like) Relief
Outcome
Prevailing Party: Plaintiff
Nature of Relief:
Injunction / Injunctive-like Settlement
Source of Relief:
Form of Settlement:
Order Duration: 2006 - 2010
Issues
General:
Sanitation / living conditions
Staff (number, training, qualifications, wages)
Jails, Prisons, Detention Centers, and Other Institutions:
Assault/abuse by staff (facilities)
Disability and Disability Rights:
Affected Sex or Gender:
Medical/Mental Health:
Type of Facility: