Filed Date: June 21, 1990
Closed Date: 1992
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On June 21, 1990, the U.S. Department of Justice filed a lawsuit under the Civil Rights of Institutionalized Persons Act (CRIPA), 42 U.S.C. § 1997 et seq., against the State of Mississippi in the U.S. District Court for the Southern District of Mississippi. The government alleged that the conditions at Ellisville State School, a state-run facility for people with intellectual disabilities in Ellisville, Mississippi, violated the constitutional rights of the residents, and it asked the court for injunctive relief. The government claimed that the state had failed to provide medical care and treatment; to prescribe and administer medications properly; and to employ a sufficient number of trained staff to care for the residents. Furthermore, the residents were subjected to unnecessary bodily restraints. The government asked the court for injunctive relief. The case was assigned to Judge William H. Barbour Jr.
The lawsuit was prompted by the Department's September, 1985 investigation of the facility's conditions. In a report issued to the state on March 25, 1986, the Department described an insufficient number of psychologists and psychiatrists on staff; a lack of training for children who exhibited dangerously aggressive behavior; the excessive administration of psychotropic medications; inaccurate recordkeeping; and the disrepair of some rooms. The report recommended providing residents with medical care; improving recordkeeping; modifying medication practices to comply with professional standards; instituting training programs; ending the use of physical restraints; and increasing the number of staff.
On June 21, 1990, the parties entered a Consent Decree. The State agreed to improvements in a variety of areas, including the development of training programs; the increase of staff; and the administration of medical care and medication. They also agreed to use bodily restraint and seclusion practices only when appropriate. The court approved the Decree the same day. The court was to retain jurisdiction over the action until the defendants fully and faithfully implemented all provisions of the Consent Decree; the parties anticipated that this would be in two years from its entry.
Information about this case is somewhat limited following the entry of the Consent Decree. In May 1992, the parties agreed to changes in policies and procedures at the Ellisville State School following the entry of the consent decree. It appears that the State implemented the Consent Decree's provisions within the time anticipated, as on August 7, 1992, the court dismissed the case with the agreement of the parties.
Summary Authors
Laura Uberti (7/21/2006)
Sarah McDonald (8/12/2018)
Barbour, William Henry Jr. (Mississippi)
Deutsch, David (District of Columbia)
Dunne, John R. (District of Columbia)
Gibbs, Robert L. (Mississippi)
Moore, Mike (Mississippi)
Barbour, William Henry Jr. (Mississippi)
Last updated Feb. 15, 2024, 3:01 a.m.
State / Territory: Mississippi
Case Type(s):
Intellectual Disability (Facility)
Key Dates
Filing Date: June 21, 1990
Closing Date: 1992
Case Ongoing: No
Plaintiffs
Plaintiff Description:
United States Department of Justice
Plaintiff Type(s):
U.S. Dept of Justice plaintiff
Public Interest Lawyer: Yes
Filed Pro Se: No
Class Action Sought: No
Class Action Outcome: Not sought
Defendants
Mississippi Department of Mental Health, State
Ellisville State School (Ellisville, Jones), State
Defendant Type(s):
Case Details
Causes of Action:
Civil Rights of Institutionalized Persons Act (CRIPA), 42 U.S.C. § 1997 et seq.
Available Documents:
Injunctive (or Injunctive-like) Relief
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: 1990 - None
Content of Injunction:
Issues
General:
Reassessment and care planning
Sanitation / living conditions
Staff (number, training, qualifications, wages)
Disability and Disability Rights:
Intellectual/developmental disability, unspecified
Medical/Mental Health:
Type of Facility: