Case: U.S. v. Arkansas

4:03-cv-00162 | U.S. District Court for the Eastern District of Arkansas

Filed Date: March 10, 2003

Closed Date: March 10, 2004

Clearinghouse coding complete

Case Summary

In May 2002, the U.S. Department of Justice, Civil Rights Division launched an investigation into the conditions of confinement at the Alexander Youth Services Center in Alexander, Arkansas, pursuant to Civil Rights of Institutionalized Persons Act ("CRIPA"), 42 U.S.C. § 1997 et seq. and the pattern or practice provision of the Violent Crime Control and Law Enforcement Act of 1994, 42 U.S.C. § 14141.Based on its investigation, the DOJ concluded that the conditions and practices at Alexander vio…

In May 2002, the U.S. Department of Justice, Civil Rights Division launched an investigation into the conditions of confinement at the Alexander Youth Services Center in Alexander, Arkansas, pursuant to Civil Rights of Institutionalized Persons Act ("CRIPA"), 42 U.S.C. § 1997 et seq. and the pattern or practice provision of the Violent Crime Control and Law Enforcement Act of 1994, 42 U.S.C. § 14141.

Based on its investigation, the DOJ concluded that the conditions and practices at Alexander violated the constitutional and statutory rights of juvenile residents in the areas of: mental health care and fire safety protections, education services and religious freedom. On November 8, 2002, the United States issued a findings letter which detailed the violations and set out a series of minimum remedial measures to bring the facility up to constitutional standards. The State accepted the recommendations and the parties entered into a Settlement Agreement to ensure compliance.

So that the Agreement could be judicially enforced, the DOJ filed a formal complaint on March 10, 2003 in the U.S. District Court for the Eastern District of Arkansas. That same day, the parties filed a joint motion for approval of the Settlement Agreement. On March 10, 2003, the District Court (Chief Judge Susan W. Wright) approved the Agreement and adopted it as an order of the Court.

The Agreement ended in 2004, and the case is now closed.

Summary Authors

Dan Dalton (3/11/2008)

People


Judge(s)

Wright, Susan Webber (Arkansas)

Attorneys(s) for Plaintiff

Bellan, Maurice A. (District of Columbia)

Boyd, Ralph F. Jr. (District of Columbia)

Cummins, H.E. Bud III (Arkansas)

Eichner, James (District of Columbia)

Preston, Judith (Judy) C. (District of Columbia)

Rosenbaum, Steven H. (District of Columbia)

Attorneys(s) for Defendant

Thalheimer, Lee S. (Arkansas)

Judge(s)

Wright, Susan Webber (Arkansas)

Attorneys(s) for Plaintiff

Bellan, Maurice A. (District of Columbia)

Boyd, Ralph F. Jr. (District of Columbia)

Cummins, H.E. Bud III (Arkansas)

Eichner, James (District of Columbia)

Preston, Judith (Judy) C. (District of Columbia)

Rosenbaum, Steven H. (District of Columbia)

Attorneys(s) for Defendant

Thalheimer, Lee S. (Arkansas)

Documents in the Clearinghouse

Document

Docket (PACER)

U.S. v. Arkansas

March 17, 2003 Docket

CRIPA Investigation of Alexander Youth Services Center -Alexander, Arkansas

U.S. v. Arkansas

No Court

Nov. 8, 2002 Findings Letter/Report
1

Complaint

March 10, 2003 Complaint
5

Court Entered Settlement

March 12, 2003 Settlement Agreement

Docket

Last updated May 12, 2022, 8 p.m.

ECF Number Description Date Link
1

COMPLAINT (summons not issued; waiver of service of summons prepared) (jap) (Entered: 03/11/2003)

March 10, 2003
2

UNOPPOSED motion by plaintiff requesting entry of settlement agreement as a Court order and supporting memorandum (jap) (Entered: 03/11/2003)

March 10, 2003
4

ORDER by Chief Judge Susan W. Wright granting USA's unopposed motion requesting entry of settlement agreement as a Court order [2-1]; accordingly, the Settlement Agreement will be entered as the Judgment of the Court (cc: all counsel) (vjt) (Entered: 03/12/2003)

March 12, 2003
5

JUDGMENT/SETTLEMENT AGREEMENT: by Chief Judge Susan W. Wright purs to the Order entered this date, the parties hereby agree to defend the provisions of this settlement agreement to correct the violations of federal rights at the Alexander Youth Services Center; terminating case (cc: all counsel) (vjt) (Entered: 03/12/2003)

March 12, 2003
6

WAIVER OF SERVICE OF SUMMONS upon defts Arkansas Div Youth, Arkansas Human Svc, and Arkansas, State of on 3/11/03 (vjt) (Entered: 03/17/2003)

March 17, 2003

State / Territory: Arkansas

Case Type(s):

Juvenile Institution

Key Dates

Filing Date: March 10, 2003

Closing Date: March 10, 2004

Case Ongoing: No

Plaintiffs

Plaintiff Description:

U.S. Department of Justice

Plaintiff Type(s):

U.S. Dept of Justice plaintiff

Attorney Organizations:

U.S. Dept. of Justice Civil Rights Division

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

State of Arkansas, State

Arkansas Department of Human Services, State

Arkansas Division of Youth Services, State

Alexander Youth Services Center, 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

34 U.S.C. § 12601 (previously 42 U.S.C. § 14141)

Availably Documents:

Trial Court Docket

Complaint (any)

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: 2003 - 2004

Issues

General:

Education

Fire safety

Religious programs / policies

Special education

Suicide prevention

Totality of conditions

Affected Gender:

Female

Male

Medical/Mental Health:

Mental health care, general

Suicide prevention

Type of Facility:

Government-run