Filed Date: Sept. 15, 2004
Closed Date: Sept. 26, 2007
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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)
Carroll, Earl Hamblin (Arizona)
Acosta, R. Alexander (District of Columbia)
Brown Cutlar, Shanetta Y. (District of Columbia)
Charlton, Paul (Arizona)
Gallegos, Ronald Ray (Arizona)
Carroll, Earl Hamblin (Arizona)
Last updated Feb. 20, 2024, 3:11 a.m.
State / Territory: Arizona
Case Type(s):
Special Collection(s):
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
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
Violent Crime and Law Enforcement Act, 34 U.S.C. § 12601 (previously 42 U.S.C. § 14141)
Available Documents:
Outcome
Prevailing Party: Plaintiff
Nature of Relief:
Injunction / Injunctive-like Settlement
Source of Relief:
Form of Settlement:
Court Approved Settlement or Consent Decree
Order Duration: 2004 - 2007
Issues
General:
Sanitation / living conditions
Staff (number, training, qualifications, wages)
Jails, Prisons, Detention Centers, and Other Institutions:
Sexual abuse by residents/inmates
Sex w/ staff; sexual harassment by staff
Assault/abuse by staff (facilities)
Assault/abuse by non-staff (facilities)
Disability and Disability Rights:
Discrimination-basis:
Disability (inc. reasonable accommodations)
Affected Sex or Gender:
Medical/Mental Health:
Type of Facility: