Case: U.S. v. Arizona

2:04-cv-01926 | U.S. District Court for the District of Arizona

Filed Date: Sept. 15, 2004

Closed Date: Sept. 26, 2007

Clearinghouse coding complete

Case Summary

In June 2002, the U.S. Department of Justice, Civil Rights Division launched an investigation into the conditions at the juvenile justice facilities at the Adobe Mountain School, Black Canyon School, and Catalina Mountain School in Arizona, 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 …

In June 2002, the U.S. Department of Justice, Civil Rights Division launched an investigation into the conditions at the juvenile justice facilities at the Adobe Mountain School, Black Canyon School, and Catalina Mountain School in Arizona, 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 the Arizona facilities violated the constitutional and statutory rights of juvenile residents in the areas of: suicide prevention, education, mental health care and medical care. On January 23, 2004, the DOJ issued a findings letter which detailed the violations and set out a series of minimum remedial measures to bring the facilities up to constitutional standards. The State accepted the recommendations and the parties entered into a Memorandum of Agreement to ensure compliance.

So that the Agreement could be judicially enforced, the DOJ filed a formal complaint on September 15, 2004 in the U.S. District Court for the District of Arizona. That same day, the parties filed a joint motion for approval of the Memorandum of Agreement.

The agreement identifies and proscribes remedies for five substantive areas: training in suicide prevention; the installation of a juvenile justice system in which youths can raise grievances without fear of retribution from staff; provisions in special education; adequate health care services; and adequate mental health services.

On September 27, 2004, District Court Judge Earl H. Carroll ordered that the case be conditionally dismissed and placed on the inactive docket pending compliance w/the Memorandum of Agreement lodged with the Court. The Court retained jurisdiction over the case for a period of three years to monitor compliance.

On September 26, 2007, Judge Carroll granted a joint motion to dismiss the case. A Consultants Committee report attested to Defendant compliance with the negotiated agreement, thus allowing for the case dismissal.

Summary Authors

Dan Dalton (3/11/2008)

Ian Sander (10/23/2016)

People


Judge(s)

Carroll, Earl Hamblin (Arizona)

Attorneys(s) for Plaintiff

Acosta, R. Alexander (District of Columbia)

Brown Cutlar, Shanetta Y. (District of Columbia)

Charlton, Paul (Arizona)

Gallegos, Ronald Ray (Arizona)

Patel, Shennie (District of Columbia)

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

Schlozman, Bradley (District of Columbia)

Weiss, Daniel H. (District of Columbia)

Attorneys(s) for Defendant

McCarthy, Eryn Marie (Arizona)

Judge(s)

Carroll, Earl Hamblin (Arizona)

Attorneys(s) for Plaintiff

Acosta, R. Alexander (District of Columbia)

Brown Cutlar, Shanetta Y. (District of Columbia)

Charlton, Paul (Arizona)

Gallegos, Ronald Ray (Arizona)

Patel, Shennie (District of Columbia)

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

Schlozman, Bradley (District of Columbia)

Weiss, Daniel H. (District of Columbia)

Attorneys(s) for Defendant

McCarthy, Eryn Marie (Arizona)

Documents in the Clearinghouse

Document

2:04-cv-01926

Docket (PACER)

Sept. 26, 2007

Sept. 26, 2007

Docket

CRIPA Investigation of the Adobe Mountain School, Black Canyon School, and Catalina Mountain School in Tuscon, AZ

CRIPA Investigation of the Adobe Mountain School, Black Canyon School, and Catalina Mountain School in Tuscon, AZ

No Court

Jan. 23, 2004

Jan. 23, 2004

Findings Letter/Report

Memorandum of Agreement Between the United States Department of Justice and the State of Arizona Concerning Adobe Mountain School, Black Canyon School, and Catalina Mountain School

US v. Arizona

No Court

Sept. 15, 2004

Sept. 15, 2004

Settlement Agreement
1

2:04-cv-01926

Complaint

Sept. 15, 2004

Sept. 15, 2004

Complaint
6

2:04-cv-01926

Order for Conditional Dismissal Pursuant to Rule 41 (a) (2)

USA v. State of Arizona

Sept. 24, 2004

Sept. 24, 2004

Order/Opinion

Resources

Docket

Last updated Aug. 5, 2022, 3:01 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT FILED (JIR) (Entered: 09/16/2004)

Sept. 15, 2004

Sept. 15, 2004

2

WAIVER of Service of summons and complaint upon dfts; waiver sent on 9/15/04 (MAP) (Entered: 09/20/2004)

Sept. 15, 2004

Sept. 15, 2004

3

JOINT MOTION for conditional dismissal of case by pla, dfts [3−1] (MAP) (Entered: 09/20/2004)

Sept. 15, 2004

Sept. 15, 2004

4

MINUTE ORDER IT IS ORDERED setting a telephonic status hearing for Friday, September 24, 2004 at 10:00 a.m., with the Court to initiate the conference call. (cc: all counsel) [4−2] (BAH) (Entered: 09/21/2004)

Sept. 21, 2004

Sept. 21, 2004

5

MINUTE ENTRY before Judge Earl H. Carroll . Crt Rptr: Candy Potter. Telephonic Appearances: Daniel Weiss, Ronald Gallegos, Timothy Nelson and Sandhya Subramanian on behalf of plaintiff, Eryn McCarthy on behalf of the State of AZ and Mark Wilson on behalf of the Jane Napolitano. Status hearing held, formal order to issue. [5−2] (BAH) (Entered: 09/24/2004)

Sept. 24, 2004

Sept. 24, 2004

6

ORDER by Judge Earl H. Carroll that this case is conditionally dismissed and shall be placed on the inactive docket pending compliance w/the Memo of Agreement lodged w/the Court. THis Court will retain jurisdiction over the case, pending compliance w/the Memo of Agreement, until a final dismissal w/prejudice is entered terminating case (cc: all counsel) (MAP) (ADI−ICMS, ). (Entered: 09/27/2004)

Sept. 27, 2004

Sept. 27, 2004

7

Joint MOTION to Dismiss Case with Prejudice by United States of America. (Attachments: # 1 Exhibit # 2 Text of Proposed Order)(Gallegos, Ronald) (Entered: 09/14/2007)

Sept. 14, 2007

Sept. 14, 2007

8

ORDER granting 7 Motion to Dismiss Case, this case is dismissed with prejudice. Signed by Judge Earl H Carroll on 9/25/07.(LSP) (Entered: 09/26/2007)

Sept. 26, 2007

Sept. 26, 2007

Case Details

State / Territory: Arizona

Case Type(s):

Juvenile Institution

Special Collection(s):

Multi-LexSum (in sample)

Key Dates

Filing Date: Sept. 15, 2004

Closing Date: Sept. 26, 2007

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: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

State of Arizona, State

Adobe Mountain School, State

Black Canyon School, State

Catalina Mountain School (Tuscon), 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)

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: 2004 - 2007

Issues

General:

Assault/abuse by residents/inmates/students

Assault/abuse by staff

Confinement/isolation

Disciplinary segregation

Grievance Procedures

Individualized planning

Rehabilitation

Sanitation / living conditions

Sexual abuse by residents/inmates

Sex w/ staff; sexual harassment by staff

Special education

Staff (number, training, qualifications, wages)

Suicide prevention

Discrimination-basis:

Disability (inc. reasonable accommodations)

Affected Gender:

Female

Male

Medical/Mental Health:

Dental care

Medical care, general

Medication, administration of

Mental health care, general

Suicide prevention

Type of Facility:

Government-run