Case: DOJ CRIPA Investigation of Custer Youth Correctional Center, Custer, South Dakota

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Case Summary

Pursuant to the Civil Rights of Institutionalized Persons Act ("CRIPA"), 42 U.S.C. § 1997, and the pattern or practice provision of the Violent Crime Control and Law Enforcement Act of 1994, 42 U.S.C. § 14141, the U.S. Department of Justice ("DOJ") conducted an investigation of conditions at the Custer Youth Correctional Center in South Dakota. The investigation resulted in a "findings letter" being sent to the state's governor on December 19, 2002. The letter observed that DOJ had notified t…

Pursuant to the Civil Rights of Institutionalized Persons Act ("CRIPA"), 42 U.S.C. § 1997, and the pattern or practice provision of the Violent Crime Control and Law Enforcement Act of 1994, 42 U.S.C. § 14141, the U.S. Department of Justice ("DOJ") conducted an investigation of conditions at the Custer Youth Correctional Center in South Dakota. The investigation resulted in a "findings letter" being sent to the state's governor on December 19, 2002. The letter observed that DOJ had notified the state on December 29, 1999, that the investigation originally intended to examine components of juvenile facilities at both Custer and at a different site, Plankinton. In early 2000, however, the state refused permission for DOJ to tour the sites. Near that time, private litigation began concerning the Plankinton facilities, which resulted in a December 2000, settlement as to that location. Plankinton was closed in January 2002. DOJ explained that it had waited on taking further action until the Plankinton litigation ended.

On March 4, 2002, DOJ again requested to tour the Custer facilities, a request the state denied two weeks later. DOJ then interviewed former juvenile residents of Custer and parents of then- and former Custer residents. Finally, in June 2002, the state allowed DOJ and certain of its expert consultants to tour the facility and to obtain documents for review. After visits in July and August 2002, DOJ concluded that conditions at Custer violated residents' constitutional and statutory rights by not providing required special education services and by deficiencies in the mental health care provided.

The identified education program deficiencies were fivefold: (1) insufficient classroom instruction existed for residents of the intake center; (2) youths placed in isolation did not receive adequate educational services; (3) vocational programming was not available to girls at Custer, but was available to boys; (4) a learning center classroom was not staffed with a certified teacher; and (5) some learning disabled students ill-served by the full inclusion model of educational services had needs that were not otherwise met.

As for mental health care, DOJ reported that Custer's admission screening and follow-up reviews regarding medication were inadequate, the unavailability of notes from telemedicine consultations presented problems, the telemedicine procedure suffered from technical defects needing repair, and youth awaiting transfer sometimes did not receive needed mental health services.

The DOJ findings letter proposed remedial actions to remedy the deficiencies, invited the state to address the issues, and alerted the state to the possibility of a CRIPA lawsuit brought by the United States to compel remedial action.

We have no post-findings letter information about this matter.

Summary Authors

Mike Fagan (5/21/2008)

People


Expert/Monitor/Master/Other

Barnett, Mark W. (South Dakota)

Wilbur, Brent A. (South Dakota)

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Documents in the Clearinghouse

Document

Re: CRIPA Investigation of Custer Youth Correctional Center, Custer, South Dakota

Dec. 19, 2002

Dec. 19, 2002

Findings Letter/Report

Resources

Docket

Last updated Aug. 30, 2023, 1:48 p.m.

Docket sheet not available via the Clearinghouse.

Case Details

State / Territory: South Dakota

Case Type(s):

Juvenile Institution

Key Dates

Closing Date: 2004

Case Ongoing: No reason to think so

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

Custer Youth Correctional Center (Custer), State

Juvenile Prison, State

Girls Intensive Program, State

State Training School, State

Case Details

Causes of Action:

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

Violent Crime and Law Enforcement Act, 34 U.S.C. § 12601 (previously 42 U.S.C. § 14141)

Special Case Type(s):

Out-of-court

Available Documents:

None of the above

Outcome

Prevailing Party: None Yet / None

Nature of Relief:

None

Source of Relief:

None

Issues

General:

Education

Jails, Prisons, Detention Centers, and Other Institutions:

Disciplinary segregation

Disability and Disability Rights:

Special education

Affected Sex or Gender:

Female

Male

Medical/Mental Health:

Medication, administration of

Mental health care, general

Type of Facility:

Government-run