Case: U.S. v. Mississippi

3:03-cv-01354 | U.S. District Court for the Southern District of Mississippi

Filed Date: Dec. 18, 2003

Closed Date: Aug. 19, 2014

Clearinghouse coding complete

Case Summary

In 2002, the U.S. Department of Justice's Civil Rights Division ("DOJ") conducted investigations, aided by expert consultants in juvenile justice administration, psychology, medicine, education, and sanitation, at two military-style juvenile facilities ("Oakley" and "Columbia") operated by the state of Mississippi. In June 2003, DOJ notified the state in a findings letter that the investigations revealed that the facilities deprived the resident juveniles of rights under the First, Eighth and …

In 2002, the U.S. Department of Justice's Civil Rights Division ("DOJ") conducted investigations, aided by expert consultants in juvenile justice administration, psychology, medicine, education, and sanitation, at two military-style juvenile facilities ("Oakley" and "Columbia") operated by the state of Mississippi. In June 2003, DOJ notified the state in a findings letter that the investigations revealed that the facilities deprived the resident juveniles of rights under the First, Eighth and Fourteenth Amendments, the Violent Crime Control and Law Enforcement Act of 1994, 42 U.S.C. § 14141, the Individuals with Disabilities Education Act, 20 U.S.C. § 1401, and Section 504 of the Rehabilitation Act of 1973, 29 U.S.C. § 794.

DOJ found that youth confined at Oakley and Columbia suffered harm or the risk of harm from deficiencies in the facilities' provision of (1) mental health and medical care, (2) protection of juveniles from harm (including physical harm from staff), and (3) juvenile justice management (lack of due process and adequate grievance procedures, untrained staff, mail/telephone/visitation inadequacies, and limited exercise opportunities). DOJ also found sanitation deficiencies at Oakley. In addition, both facilities failed to provide required general education services, as well as education to eligible youth as required by the Individuals with Disabilities Education Act. The First Amendment violations were rooted in both facilities' requiring youth to engage in religious activities. The findings letter proposed a number of remedial measures for the state to adopt, offered to negotiate with the state to reach a resolution of the allegations, and stated that a federal lawsuit could soon be filed against the state if a negotiated settlement could not be reached.

On December 18, 2003, in the U.S. District Court for the Southern District of Mississippi, the DOJ filed a lawsuit against the state (and relevant juvenile justice-related state officials and agencies). Among the allegations were the defendants' failure to adequately protect youth from harm and the risk of harm (including staff abuse) at these facilities, unreasonable isolation and restraint use, failure to provide adequate mental and medical health care and rehabilitative treatment, inadequate educational services, and failure to provide adequate special education services to disabled youth (mentally ill, those with intellectual disabilities, and learning disabled youth). The DOJ sought declaratory and equitable relief, relying upon authority granted by 42 U.S.C. § 14141.

In the meantime, in an originally-separate class action case filed April 13, 2004, against the state and involving these two juvenile facilities, a settlement had been reached to remedy the facilities' limits on juvenile residents' contacts with their attorneys. By the time the settlement was reached on January 12, 2005, that case had been consolidated with the DOJ's case pursuant to an unpublished July 12, 2004, order of Magistrate Judge James C. Sumner. Lawyers from the Southern Poverty Law Center and the Mississippi Center for Justice had represented the juvenile plaintiff in the 2004 case, K.L.W. v. James.

Later in 2005, separate agreements were reached between the DOJ and the state to address the shortcomings at the juvenile facilities that were alleged in the 2003 DOJ lawsuit. In a May 4, 2005, memorandum of agreement, the parties detailed means of remedying deficiencies in mental health care, rehabilitative services, and special education. On June 9, 2005, the parties filed an agreement setting out remedial measures to address protection from harm, suicide prevention, and medical and dental care issues. Both agreements included provisions for compliance and quality assurance, for monitoring and enforcement, imposed reporting requirements and rights of access, and set out implementation and termination procedures. District Judge Henry T. Wingate approved the settlement and received the subsequently-filed periodic monitor's reports.

An Amendment to Consent Decree was filed with the court on February 26, 2008, which extended its provisions to May 31, 2010, appointed two court monitors, set out deadlines for receiving detailed action plans from those monitors, and addressed compliance with the Prison Litigation Reform Act, 18 U.S.C. § 3626(a).

In 2010, the court ordered the Consent Decree amended to dismiss certain provisions and modify others. The court required the defendant to develop a comprehensive action plan for the substantive remedial areas of the Agreement. This Action Plan was filed with the court on September 16, 2010.

Monitoring continued, and on April 12, 2013, parties advised the court that the state has satisfied the requirements in the major substantive areas of the Consent Decree. The only remaining action at that point was implementation of the Quality Assurance program.

On September 17, 2013, the court (Judge Wingate) signed an Agreed Order Terminating Specific Provisions of the Amended Consent Decree, in which parties agreed that the state had met its burden of remaining in substantial compliance for a period of six months with regards to all remaining provisions of the Consent Decree. Following the twenty-first Monitor’s Report, Judge Wingate terminated the Consent Decree and its associated Orders and finally dismissed the case with prejudice

Summary Authors

Elizabeth Daligga (7/26/2012)

Frances Hollander (2/21/2016)

Related Cases

Morgan v. Sproat, Southern District of Mississippi (1975)

People


Judge(s)

Sumner, James C. Jr. (Mississippi)

Wingate, Henry Travillion (Mississippi)

Attorneys(s) for Plaintiff

Acosta, R. Alexander (District of Columbia)

Anderson, Robert G. (Mississippi)

Bedi, Sheila A. (Mississippi)

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

Brown Cutlar, Shanetta Y. (District of Columbia)

Coon, Laura (District of Columbia)

Delaney, Joshua (District of Columbia)

Dominguez, Silvia Judith (District of Columbia)

Judge(s)

Sumner, James C. Jr. (Mississippi)

Wingate, Henry Travillion (Mississippi)

Attorneys(s) for Plaintiff

Acosta, R. Alexander (District of Columbia)

Anderson, Robert G. (Mississippi)

Bedi, Sheila A. (Mississippi)

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

Brown Cutlar, Shanetta Y. (District of Columbia)

Coon, Laura (District of Columbia)

Delaney, Joshua (District of Columbia)

Dominguez, Silvia Judith (District of Columbia)

Donnelly, Matthew J. (District of Columbia)

Eichner, James (District of Columbia)

Lampton, Dunn (Mississippi)

Lipow, Danielle Jeannine (Alabama)

Miller, David B. (Mississippi)

Nardone, S. Nicole (District of Columbia)

Paige, Mitzi Dease (Mississippi)

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

Rainey, Ryan H. (District of Columbia)

Resetarits, Jeffrey (District of Columbia)

Schlozman, Bradley (District of Columbia)

Simpson, Tammi R. (District of Columbia)

Welp, Laura M. (District of Columbia)

Attorneys(s) for Defendant

Hood, Jim (Mississippi)

Pizzetta, Harold Edward III (Mississippi)

Shurden, Shawn Stephen (Mississippi)

Documents in the Clearinghouse

Document

3:03-cv-01354

Docket (PACER)

United States, et al v. Mississippi State Of, et al

Jan. 30, 2015

Jan. 30, 2015

Docket

Re: CRIPA Investigation of Oakley and Columbia Training Schools in Raymond and Columbia, Mississippi

DOJ CRIPA Investigation of Oakley and Columbia Training Schools in Raymond and Columbia, Mississippi

No Court

June 19, 2003

June 19, 2003

Findings Letter/Report
1

3:03-cv-01354

Complaint

Dec. 18, 2003

Dec. 18, 2003

Complaint
83

3:03-cv-01354

Settlement Agreement in K.L.W. v. James [Consolidated Case]

Jan. 12, 2005

Jan. 12, 2005

Settlement Agreement

Memorandum of Agreement Between the United States and the State of Mississippi

No Court

May 4, 2005

May 4, 2005

Settlement Agreement
120

3:03-cv-01354

Agreement

June 9, 2005

June 9, 2005

Settlement Agreement
135

3:03-cv-01354

Amendment to Consent Decree

United States v. Mississippi

Feb. 28, 2008

Feb. 28, 2008

Settlement Agreement
160-1

3:03-cv-01354

State of Mississippi Action Plan

United States v. Mississippi

Sept. 16, 2010

Sept. 16, 2010

Settlement Agreement
160

3:03-cv-01354

Parties Joint Motion to Enter Compliance Action Plan as a Modification to the Agreement

United States v. Mississippi

Sept. 16, 2010

Sept. 16, 2010

Pleading / Motion / Brief
173

3:03-cv-01354

Agreed Order Terminating Specific Provisions of the Amended Consent Decree

The United States of America v. the State of Mississippi

Sept. 27, 2013

Sept. 27, 2013

Order/Opinion

Resources

Docket

Last updated June 7, 2022, 3:01 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT Filing Fee $ 150.00 Receipt # H007199 ; Notice of Assignment mailed. (ldr) (Entered: 04/13/2004)

April 13, 2004

April 13, 2004

Magistrate Judge Assignment: Alfred G. Nicols (ldr) (Entered: 04/13/2004)

April 13, 2004

April 13, 2004

Case assigned to Pending Track - designation of appropriate track will be made after Case Management Conference and a final track assignment. (ldr) (Entered: 04/13/2004)

April 13, 2004

April 13, 2004

2

MOTION by plaintiff Rosetta Williams to Certify Class ; with attachments (ldr) (Entered: 04/13/2004)

April 13, 2004

April 13, 2004

3

MEMORANDUM by plaintiff Rosetta Williams in support of [2-1] motion to Certify Class by plaintiff (ldr) (Entered: 04/13/2004)

April 13, 2004

April 13, 2004

5

MEMORANDUM by plaintiff Rosetta Williams in support of [4-1] motion for Immediate Preliminary Injunction by plaintiff (ldr) (Entered: 04/13/2004)

April 13, 2004

April 13, 2004

6

MOTION by plaintiff Rosetta Williams for Danielle J. Lipow to Appear Pro Hac Vice ; with attachment (ldr) (Entered: 04/13/2004)

April 13, 2004

April 13, 2004

7

MOTION by plaintiff Rosetta Williams for Sheila A. Bedi to Appear Pro Hac Vice ; with attachments (ldr) (Entered: 04/13/2004)

April 13, 2004

April 13, 2004

Pro Hac Vice fee paid by Sheila A. Bedi FILING FEE $ 25.00 RECEIPT # H007201 (ldr) (Entered: 04/13/2004)

April 13, 2004

April 13, 2004

Pro Hac Vice fee paid by Danielle J. Lipow FILING FEE $ 25.00 RECEIPT # H007200 (ldr) (Entered: 04/13/2004)

April 13, 2004

April 13, 2004

SUMMONS(ES) issued for defendant Richard James, defendant Donald Taylor, defendant Kathy Pittman (ldr) (Entered: 04/14/2004)

April 14, 2004

April 14, 2004

8

ORDER granting [7-1] motion for Sheila A. Bedi to Appear Pro Hac Vice ( signed 4/16/04 by Magistrate Judge Alfred G. Nicols ); copies mailed. (akl) (Entered: 04/20/2004)

April 20, 2004

April 20, 2004

9

ORDER granting [6-1] motion for Danielle J. Lipow to Appear Pro Hac Vice ( signed 4/16/04 by Magistrate Judge Alfred G. Nicols ); copies mailed. (akl) (Entered: 04/20/2004)

April 20, 2004

April 20, 2004

10

SUMMONS Returned Executed as to defendant Richard James, defendant Donald Taylor, defendant Kathy Pittman 4/15/04 Answer due on 5/5/04 for Kathy Pittman, for Donald Taylor, for Richard James (akl) (Entered: 04/20/2004)

April 20, 2004

April 20, 2004

11

CORRECTED ORDER OF RECUSAL, case is reassigned to the next Judge in accordance with the rules of the Court ( signed 4/21/04 by Judge William H. Barbour Jr. ); copies mailed. (akl) (Entered: 04/23/2004)

April 23, 2004

April 23, 2004

CASE reassinged to Judge David C. Bramlette III (akl) (Entered: 04/23/2004)

April 23, 2004

April 23, 2004

Magistrate Judge Assignment James C. Sumner (akl) (Entered: 04/23/2004)

April 23, 2004

April 23, 2004

12

MOTION by plaintiff Rosetta Williams to Extend Time to serve their rebuttal to Defendants Response to Plaintiffs Motion for Immediate Preliminary Injunction (mjr) (Entered: 04/30/2004)

April 30, 2004

April 30, 2004

13

NOTICE of Filing of Motion to Consolidate in Related Case by plaintiff Rosetta Williams (akl) (Entered: 05/05/2004)

May 5, 2004

May 5, 2004

14

REPLY by plaintiff Rosetta Williams to response to [4-1] motion for Immediate Preliminary Injunction by plaintiff (akl) (Entered: 05/05/2004)

May 5, 2004

May 5, 2004

18

MOTION by defendant Richard James to Extend Time to respond to plaintiffs motion for class certification (mjr) (Entered: 05/28/2004)

May 5, 2004

May 5, 2004

15

ANSWER to Complaint by defendant Richard James, defendant Donald Taylor, defendant Kathy Pittman (Attorney Jim Hood, Harold Edward Pizzetta III) (akl) (Entered: 05/06/2004)

May 6, 2004

May 6, 2004

Telephonic Case Management Conference set 3:30 7/13/04 location: Chambers before Magistrate Judge James C. Sumner copies mailed to Sheila A. Bedi, Danielle J. Lipow, Harold Edward Pizzetta III, Jim Hood, David B. Miller (mjr) (Entered: 05/18/2004)

May 18, 2004

May 18, 2004

17

NOTICE of Filing of Response to Motion to Consolidate by plaintiff Rosetta Williams (mjr) (Entered: 05/20/2004)

May 20, 2004

May 20, 2004

19

NOTICE of Filing opposition to consolidation by defendant Richard James (mjr) (Entered: 05/28/2004)

May 25, 2004

May 25, 2004

20

RESPONSE by plaintiff Rosetta Williams in opposition to consolidation (mjr) (Entered: 06/10/2004)

May 25, 2004

May 25, 2004

21

MOTION by defendant Richard James, defendant Donald Taylor, defendant Kathy Pittman for Judgment on the Pleadings (mjr) Modified on 06/10/2004 (Entered: 06/08/2004)

June 8, 2004

June 8, 2004

22

MEMORANDUM by defendant Richard James, defendant Donald Taylor, defendant Kathy Pittman in support of [20-1] motion for Judgment on the Pleadings by defendantss (mjr) Modified on 06/10/2004 (Entered: 06/08/2004)

June 8, 2004

June 8, 2004

23

MOTION by defendant Richard James, defendant Donald Taylor, defendant Kathy Pittman to Stay Class Certification (mjr) Modified on 06/10/2004 (Entered: 06/10/2004)

June 8, 2004

June 8, 2004

24

NOTICE of Filing in related case plaintiff Rosetta Williams (mjr) Modified on 06/10/2004 (Entered: 06/10/2004)

June 10, 2004

June 10, 2004

25

MOTION by plaintiff Rosetta Williams to Extend Time in which to serve responses to Defendants Motions (mjr) (Entered: 06/16/2004)

June 16, 2004

June 16, 2004

26

ORDER granting [25-1] motion to Extend Time in which to serve responses to Defendants Motions; granted until 7/9/04 ( signed by Judge David C. Bramlette III ); copies mailed. (mjr) (Entered: 06/25/2004)

June 25, 2004

June 25, 2004

27

Notice of Service of Disclosure by defendant Richard James, defendant Donald Taylor, defendant Kathy Pittman (mjr) (Entered: 07/07/2004)

July 7, 2004

July 7, 2004

28

Notice of Service of Disclosure by plaintiff Rosetta Williams (mjr) (Entered: 07/07/2004)

July 7, 2004

July 7, 2004

29

MOTION by plaintiff Rosetta Williams to Extend Time to respond to Motions (mjr) (Entered: 07/13/2004)

July 12, 2004

July 12, 2004

30

ORDER granting [29-1] motion to Consolidate Cases 2:04cv149BrSu and 3:03cv1354WSu are consolidated for all purposes. All subsequent filings shall be made solely in civil action no. 3:03cv1354WSu. ( signed by Magistrate Judge James C. Sumner ); copies mailed. (mjr) (Entered: 07/13/2004)

July 12, 2004

July 12, 2004

CASE reassigned to Judge Henry T. Wingate (mjr) (Entered: 07/15/2004)

July 12, 2004

July 12, 2004

Consolidated Member Case . Lead Case Number: 3:03cv1354 (mjr) (Entered: 07/13/2004)

July 13, 2004

July 13, 2004

Case closed (mjr) (Entered: 12/02/2004)

Dec. 2, 2004

Dec. 2, 2004

Case Details

State / Territory: Mississippi

Case Type(s):

Juvenile Institution

Key Dates

Filing Date: Dec. 18, 2003

Closing Date: Aug. 19, 2014

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 Mississippi, State

State of Mississippi, State

Oakley Training School, State

Columbia Training School, 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

Section 504 (Rehabilitation Act), 29 U.S.C. § 701

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

Ex parte Young (federal or state officials)

Constitutional Clause(s):

Free Exercise Clause

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: 2005 - 2013

Content of Injunction:

Monitoring

Monitor/Master

Goals (e.g., for hiring, admissions)

Reporting

Issues

General:

Access to lawyers or judicial system

Assault/abuse by staff

Confinement/isolation

Disciplinary procedures

Disciplinary segregation

Education

Fire safety

Grievance Procedures

Juveniles

Mail

Over/Unlawful Detention

Recreation / Exercise

Rehabilitation

Religious programs / policies

Restraints : chemical

Restraints : physical

Special education

Staff (number, training, qualifications, wages)

Suicide prevention

Totality of conditions

Visiting

Medical/Mental Health:

Dental care

Medical care, general

Medication, administration of

Mental health care, general

Suicide prevention

Type of Facility:

Government-run