Case: DOJ Investigation of Delaware Correctional Center, Howard R. Young Correctional Institution, Sussex Correctional Institution, John L. Webb Correctional Facility, and Delores J. Baylor Women's Correctional Institution

No Court Case | No Court

Filed Date: March 7, 2006

Closed Date: 2012

Clearinghouse coding complete

Case Summary

On March 7, 2006, the United States Department of Justice ("DOJ") notified the State of Delaware of its intent to investigate the adequacy of medical and mental health care services provided in five facilities operated by the State's Department of Corrections, pursuant to the Civil Rights of Institutionalized Persons Act ("CRIPA"), 42 U.S.C. § 1997. The facilities investigated were: (1) Delores J. Baylor Women's Correctional Institution ("Baylor"); (2) Howard R. Young Correctional Institution (…

On March 7, 2006, the United States Department of Justice ("DOJ") notified the State of Delaware of its intent to investigate the adequacy of medical and mental health care services provided in five facilities operated by the State's Department of Corrections, pursuant to the Civil Rights of Institutionalized Persons Act ("CRIPA"), 42 U.S.C. § 1997. The facilities investigated were: (1) Delores J. Baylor Women's Correctional Institution ("Baylor"); (2) Howard R. Young Correctional Institution ("Howard Young"); (3) John L. Webb Correctional Facility ("Webb"); (4) Delaware Correctional Center ("DCC"); and (5) Sussex Correctional Institution ("Sussex"). As part of its investigation, DOJ staff, accompanied by consultants in medical care, mental heath care, and suicide prevention, toured the five facilities.

On December 29, 2006, the DOJ issued a findings letter that alleged that certain conditions at Baylor, DCC, Howard Young, and Sussex violated the constitutional rights of prisoners. The DOJ reported no violations with respect to Webb. In order to address the constitutional deficiencies, the DOJ recommended remedial measures for improved medical and mental health care in the four facilities. The recommendations primarily involved improvements to medical and psychiatric services and suicide prevention measures.

On December 29, 2006, the DOJ and the State also entered into a Memorandum of Agreement ("MOA") through which the State agreed to take specific actions intended to improve medical and mental health care services at the four facilities. The Agreement mandated that the state take a number of remedial measures at the four facilities, including improvements to policies and record keeping procedures, laboratory order efficiency, staffing and training, access to care, chronic disease care, emergency care, mental health care, suicide prevention, and quality assurance. The State was required to submit periodic compliance reports and the parties were required to select a monitor to review and report on the State's compliance with the MOA through semi-annual reports. The MOA was set to terminate three years after its effective date.

On December 29, 2009, the parties entered into an Amended Memorandum of Agreement. In the Amended MOA, DOJ acknowledged that the State had achieved substantial compliance with many provisions of the MOA. As a result, the Amended MOA narrowed the areas to be monitored. Additionally, the parties agreed that Baylor would be released from the Agreement. The Amended MOA included terms to ensure the successful transfer of monitoring responsibilities to the State. The Amended MOA was set to terminate after the State maintained substantial compliance with the new Agreement for one year.

On December 31, 2012, DOJ notified the State of its conclusion that the State was in substantial compliance with the Amended MOA and that the DOJ would terminate the Agreement.

Summary Authors

Mike Fagan (4/10/2008)

Nate West (11/15/2014)


Attorneys(s) for Plaintiff

Bagenstos, Samuel R. (District of Columbia)

Brown Cutlar, Shanetta Y. (District of Columbia)

Connolly, Colm Felix (Delaware)

Danberg, Carl C. (Delaware)

Kim, Wan J. (District of Columbia)

McDuffie, Kenyan (District of Columbia)

Perez, Thomas E. (District of Columbia)

Smith, Jonathan Mark (District of Columbia)

Trainor, Cathleen (District of Columbia)

Weiss, Daniel H. (District of Columbia)

Attorneys(s) for Plaintiff

Bagenstos, Samuel R. (District of Columbia)

Brown Cutlar, Shanetta Y. (District of Columbia)

Connolly, Colm Felix (Delaware)

Danberg, Carl C. (Delaware)

Kim, Wan J. (District of Columbia)

McDuffie, Kenyan (District of Columbia)

Perez, Thomas E. (District of Columbia)

Smith, Jonathan Mark (District of Columbia)

Trainor, Cathleen (District of Columbia)

Weiss, Daniel H. (District of Columbia)

Attorneys(s) for Defendant

Andrews, Richard Gibson (Delaware)

Taylor, Stanley W. Jr. (Delaware)

Other Attorney(s)

Bromwich, Michael R. (District of Columbia)

McClain, Beth C. (New York)

Expert/Monitor/Master

Hill, Suzanne M. (Delaware)

LaMarre, Madeleine (Georgia)

Martin, Joshua W. III (Delaware)

Metzner, Jeffrey L. (Colorado)

Puisis, Michael M.D. (Illinois)

Rush, Michael B. (Delaware)

Shansky, Ronald M.D., S.C. (Illinois)

Stellman, Roberta E. M.D., DABPN, CCHP, DFAPA (New Mexico)

Documents in the Clearinghouse

Document

RE: Investigation of Delaware Correctional Center, Howard R. Young Correctional Institution, Sussex Correctional Institution, John L. Webb Correctional Facility, and Delores J. Baylor Women's Correctional Institution

Dec. 29, 2006 Findings Letter/Report

Memorandum of Agreement Between the United States Department of Justice and the State of Delaware

Dec. 29, 2006 Settlement Agreement

First Semi-Annual Report of the Independent Monitor

June 29, 2007 Monitor/Expert/Receiver Report

Second Semi-Annual Report of the Independent Monitor

Jan. 31, 2008 Monitor/Expert/Receiver Report

Amended Memorandum of Agreement Between the United States Department of Justice and the State of Delaware

Dec. 30, 2009 Settlement Agreement

Termination Letter

Dec. 31, 2012 Other

Docket

Last updated May 12, 2022

Docket sheet not available via the Clearinghouse.

State / Territory: Delaware

Case Type(s):

Prison Conditions

Key Dates

Filing Date: March 7, 2006

Closing Date: 2012

Case Ongoing: No

Plaintiffs

Plaintiff Description:

United States 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: No

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Delaware Correctional Center, State

Delores J. Baylor Women's Correctional Institution, State

Howard R. Young Correctional Institution, State

Sussex Correctional Institution, State

State of Delaware, State

Defendant Type(s):

Jurisdiction-wide

Corrections

Case Details

Causes of Action:

Civil Rights of Institutionalized Persons Act (CRIPA), 42 U.S.C. § 1997 et seq.

Special Case Type(s):

Out-of-court

Availably Documents:

None of the above

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Source of Relief:

Settlement

Form of Settlement:

Private Settlement Agreement

Order Duration: 2006 - 2012

Content of Injunction:

Hire

Reporting

Monitor/Master

Recordkeeping

Monitoring

Issues

General:

Conditions of confinement

Counseling

Failure to train

Record-keeping

Staff (number, training, qualifications, wages)

Suicide prevention

Affected Gender:

Female

Male

Medical/Mental Health:

Medical care, general

Medication, administration of

Mental health care, general

Skin Infections

Suicide prevention

Type of Facility:

Government-run