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On March 7, 2006, the United States Department of Justice ("DOJ") notified the State of Delaware of its intent to investigate the adequacy of medical and mental health care services provided in five facilities operated by the State's Department of Corrections, pursuant to the Civil Rights of Institutionalized Persons Act ("CRIPA"), 42 U.S.C. § 1997. The facilities investigated were: (1) Delores J. Baylor Women's Correctional Institution ("Baylor"); (2) Howard R. Young Correctional Institution ("Howard Young"); (3) John L. Webb Correctional Facility ("Webb"); (4) Delaware Correctional Center ("DCC"); and (5) Sussex Correctional Institution ("Sussex"). As part of its investigation, DOJ staff, accompanied by consultants in medical care, mental heath care, and suicide prevention, toured the five facilities.
On December 29, 2006, the DOJ issued a findings letter that alleged that certain conditions at Baylor, DCC, Howard Young, and Sussex violated the constitutional rights of prisoners. The DOJ reported no violations with respect to Webb. In order to address the constitutional deficiencies, the DOJ recommended remedial measures for improved medical and mental health care in the four facilities. The recommendations primarily involved improvements to medical and psychiatric services and suicide prevention measures.
On December 29, 2006, the DOJ and the State also entered into a Memorandum of Agreement ("MOA") through which the State agreed to take specific actions intended to improve medical and mental health care services at the four facilities. The Agreement mandated that the state take a number of remedial measures at the four facilities, including improvements to policies and record keeping procedures, laboratory order efficiency, staffing and training, access to care, chronic disease care, emergency care, mental health care, suicide prevention, and quality assurance. The State was required to submit periodic compliance reports and the parties were required to select a monitor to review and report on the State's compliance with the MOA through semi-annual reports. The MOA was set to terminate three years after its effective date.
On December 29, 2009, the parties entered into an Amended Memorandum of Agreement. In the Amended MOA, DOJ acknowledged that the State had achieved substantial compliance with many provisions of the MOA. As a result, the Amended MOA narrowed the areas to be monitored. Additionally, the parties agreed that Baylor would be released from the Agreement. The Amended MOA included terms to ensure the successful transfer of monitoring responsibilities to the State. The Amended MOA was set to terminate after the State maintained substantial compliance with the new Agreement for one year.
On December 31, 2012, DOJ notified the State of its conclusion that the State was in substantial compliance with the Amended MOA and that the DOJ would terminate the Agreement.
Summary Authors
Mike Fagan (4/10/2008)
Nate West (11/15/2014)
Bagenstos, Samuel R. (District of Columbia)
Brown Cutlar, Shanetta Y. (District of Columbia)
Connolly, Colm Felix (Delaware)
Andrews, Richard Gibson (Delaware)
Bromwich, Michael R. (District of Columbia)
Bagenstos, Samuel R. (District of Columbia)
Brown Cutlar, Shanetta Y. (District of Columbia)
Connolly, Colm Felix (Delaware)
Kim, Wan J. (District of Columbia)
McDuffie, Kenyan (District of Columbia)
Perez, Thomas E. (District of Columbia)
Smith, Jonathan Mark (District of Columbia)
Last updated Aug. 30, 2023, 2:26 p.m.
Docket sheet not available via the Clearinghouse.State / Territory: Delaware
Case Type(s):
Key Dates
Closing Date: 2012
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: No
Filed Pro Se: No
Class Action Sought: No
Class Action Outcome: Not sought
Defendants
Delaware Correctional Center, State
Delores J. Baylor Women's Correctional Institution, State
Howard R. Young Correctional Institution, State
Sussex Correctional Institution, State
Defendant Type(s):
Case Details
Causes of Action:
Civil Rights of Institutionalized Persons Act (CRIPA), 42 U.S.C. § 1997 et seq.
Special Case Type(s):
Available Documents:
Outcome
Prevailing Party: Plaintiff
Nature of Relief:
Injunction / Injunctive-like Settlement
Source of Relief:
Form of Settlement:
Order Duration: 2006 - 2012
Content of Injunction:
Issues
General:
Staff (number, training, qualifications, wages)
Affected Sex or Gender:
Medical/Mental Health:
Type of Facility: