IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF LOUISIANA

______________________________________

)

BRIAN B., CHRISTOPHER C.,

)

JASON E., JACOB F., JORDAN G.,

)

JIMMY H., LARRY J., VINCE M., and

)

WARREN O., by and through their

)

Next Friend, SHANNON ROBSHAW;

)

and PRESTON K., on behalf of

)

themselves and all others

)

similarly situated,

)

)

Plaintiffs,

)

)

v.

)

)

RICHARD STALDER, Secretary of the

)

Louisiana Department of Public Safety )

& Corrections; RICHARD THOMPSON,

)

Director of Office of Youth

Development; DAVID HOOD, Secretary )

of the Louisiana Department of Health )

and Hospitals; CECIL PICARD,

)

Superintendent of the Louisiana

)

Department of Education; GLENNY LEE )

BUQUET, President of the

)

Louisiana State Board of

)

Elementary and Secondary Education; )

LESTER KLOTZ, Superintendent of

)

Special School District One;

)

SAMUEL DIXON, Superintendent,

)

MADISON PARISH SCHOOLS; THEODORE

)

LINDSAY, Mayor, City of Tallulah;

)

GARY GREMILLION, Superintendent of )

Tallulah Correctional Center for

)

Youth, in their official capacities; )

MADISON PARISH SCHOOL BOARD; CITY OF )

TALLULAH; TRANS-AMERICAN DEVELOPMENT )

ASSOC., Inc.; JAMES R. BROWN,

)

President, Trans-American Development )

Assoc.,

)

)

Defendants.

)

______________________________________)

AMENDED COMPLAINT-CLASS ACTION
)

AMENDED COMPLAINT

INTRODUCTION 1. This is a civil rights class action brought by Plaintiffs on behalf of all juveniles who are now or in the future will be confined at the Tallulah Correctional Center for Youth (“TCCY”) in Tallulah, Louisiana. Plaintiffs challenge, inter alia, the malicious and sadistic use of force by staff on youth and other cruel, unconscionable, and illegal conditions of confinement at TCCY. The Defendants use and allow the use of excessive force and unreasonable restraints on Plaintiffs, fail to protect Plaintiffs from harm, deny basic needs and services to Plaintiffs, fail to provide adequate programming for Plaintiffs, and deny Plaintiffs meaningful access to the courts and to their families, all as set forth below. Plaintiffs suffer from each of the conditions, policies, and practices set forth below. 2. Defendants are deliberately indifferent to Plaintiffs’ constitutional and legal rights, and Defendants’ conditions, policies, and practices at TCCY constitute punishment and substantial departures from accepted professional judgment, standards, and policies. Indeed, since it opened in 1994, TCCY has not safely detained and treated youth held in the facility. From TCCY’s inception, Defendants have consciously chosen to provide inadequate numbers of staff and to inadequately train their staff. Staff at TCCY is inadequately trained in the field of juvenile corrections and treatment. Defendants make little effort to adequately educate, train, and treat TCCY’s youth. Defendants have consistently placed profit-making above juvenile rehabilitation and public safety. As a result, Defendants have failed the youth they confine, the staff they employ, and the
2

communities to which they ultimately return youth upon their release.
3. Plaintiffs, individually and on behalf of the Plaintiff class, seek declaratory and injunctive relief against Defendants on the grounds that the conditions, policies, and practices to which they are subjected at TCCY deprive Plaintiffs of the rights secured to them by the First, Fourth, Fifth, Sixth, Eighth, and Fourteenth Amendments of the United States Constitution, as enforced by 42 U.S.C. § 1983; the Individuals with Disabilities Education Act (“IDEA”), 20 U.S.C. § 1401 et seq and regulations promulgated thereunder; Title II of the Americans with Disabilities Act (“ADA”), 42 U.S.C. §§ 1213112133 and regulations promulgated thereunder; Section 504 of the Rehabilitation Act, 29 U.S.C. § 794 and regulations promulgated thereunder (“Section 504"); and various provisions of the Louisiana Constitution and Louisiana law.
I. JURISDICTION 4. This Court has jurisdiction over this action under 28 U.S.C. § 1343(3), this being an action to redress the deprivation, under color of state law, of rights secured by the Constitution of the United States; the Civil Rights Act, 42 U.S.C. § 1983; the IDEA; the ADA; and Section 504. 5. This Court also has jurisdiction over this action under 28 U.S.C. §1343(4), this being an action to secure declaratory, injunctive, and other equitable relief under Acts of Congress providing for the protection of civil rights, specifically the Civil Rights Act, the IDEA, the ADA, and Section 504. 6. This court also has jurisdiction over this action
3

under 28 U.S.C. § 1331 (a), this being an action in which the matter in controversy arises under the Constitution and laws of the United States.
7. This Court is authorized to grant declaratory and injunctive relief under 28 U.S.C. §§ 2201 and 2202, and Rules 57 and 65 of the Federal Rules of Civil Procedure.
8. This Court has jurisdiction under 28 U.S.C. § 1367 over Plaintiffs’ state law claims which are so related to the federal claims in this action that they form a part of the same case or controversy under the Constitution and laws of the United States.
II. VENUE 9. The Middle District of Louisiana is an appropriate venue for this action under 28 U.S.C. § 1391(b)(1) because all of the defendants reside in Louisiana and several of the defendants have their business offices in this district. Pursuant to existing court orders, it is appropriate for this case to be before the Hon. Judge Frank J. Polozola for judicial oversight.
III. PARTIES A. Plaintiffs 10. Each of the named Plaintiffs is a citizen of the United States and is currently incarcerated at TCCY. Each of the named Plaintiffs is personally subjected to Defendants’ conditions, policies, and practices at TCCY, as set forth herein, and each of the named Plaintiffs suffers actual injury as a result of those conditions, policies, and practices. The named Plaintiffs are personally subjected to, and suffer actual injury as a result of, all of the violations of Plaintiffs’
4

rights set forth herein. 11. Each of the named Plaintiffs who is a minor sues
through his Next Friend, Shannon Robshaw, who is an adult citizen of the State of Louisiana. She is the Executive Director of the Mental Health Association of Louisiana and has long been involved in the issue of appropriate treatment of juveniles at risk and diagnosed with mental illness and behavioral disorders in this state. The Plaintiff Class requests that she be appointed Guardian Ad Litem.
12. Plaintiff BRIAN B. is sixteen (16) years old. He is from Calcasieu Parish and has been incarcerated at TCCY since 1995. Some of the conditions, policies, and practices complained of herein to which he is subjected are: use of excessive force by staff, punitive and abusive use of mace by staff, excessive heat in living area, and inadequate access to the courts.
13. Plaintiff CHRISTOPHER C. is sixteen (16) years old. He is from Caddo Parish and has been incarcerated at TCCY since September, 1996. Some of the conditions, policies, and practices complained of herein to which he is subjected are: inadequate video monitoring of use of excessive force by staff, inadequate mental health treatment, denial of eye examination, lack of basic sanitation, inadequate educational program, inadequate rehabilitative programming, inadequate access to family, and denial of vocational training.
14. Plaintiff JASON E. is seventeen (17) years old. He is from East Baton Rouge Parish and has been incarcerated at TCCY since August, 1997. Some of the conditions, policies, and practices complained of herein to which he is subjected are: use
5

of excessive physical force by staff, arbitrary and excessive isolation, inadequate mental health care, denial of special education, denial of vocational training, inadequate rehabilitative programming, and inadequate access to family.
15. Plaintiff JACOB F. is seventeen (17) years old. He is from Orleans Parish and has been incarcerated at TCCY since December, 1997. Some of the conditions, policies, and practices complained of herein to which he is subjected are: use of excessive force by staff, excessive isolation, verbal abuse by staff, arbitrary disciplinary practices, abusive and demeaning practices, inadequate mental health services, lack of basic sanitation, lack of privacy in dormitories, excessive heat in living area, and inadequate special education and related services.
16. Plaintiff JORDAN G. is seventeen (17) years old. He is from Orleans Parish and has been incarcerated at TCCY since December, 1997. Some of the conditions, policies, and practices complained of herein to which he is subjected are: excessive force by staff, physical abuse by staff, demeaning practices, excessive isolation, failure to report abuse due to fear of retaliation, failure to protect from harm (inadequate video monitoring), inadequate education, lack of basic sanitation, and inadequate access to family.
17. Plaintiff JIMMY H. is seventeen (17) years old. He is from LaFourche Parish and has been incarcerated at TCCY since September, 1996. Some of the conditions, policies, and practices complained of herein to which he is subject are: use of excessive force by staff, abusive use of chemical restraints,
6

inappropriate use of mechanical restraints, verbal abuse and racial epithets by staff, inadequate access to family, inadequate medical care, insufficient food and foreign objects in food, and inadequate mental health services.
18. Plaintiff LARRY J. is sixteen (16) years old. He is from St. John Parish and has been incarcerated at TCCY since March, 1998. Some of the conditions, policies, and practices complained of herein to which he is subject are: use of excessive force by staff, arbitrary disciplinary practices, arbitrary and punitive use of chemical restraints, inadequate special education and related services, verbal abuse and racial epithets by staff, excessive isolation, inadequate mental health services, inadequate vision care, inadequate nutrition, inadequate vocational training, inadequate rehabilitation programming and inadequate access to family.
19. Plaintiff PRESTON K. is eighteen (18) years old. He is from Lafayette Parish and has been incarcerated at TCCY since January, 1998. Some of the conditions, policies, and practices complained of herein to which he is subject are: verbal abuse by staff, failure to protect from harm, inadequate education, inadequate rehabilitation programming, inadequate recreation, unsanitary food, and excessive isolation.
20. Plaintiff VINCE M. is seventeen (17) years old. He is from Orleans Parish and has been incarcerated at TCCY since February, 1998. Some of the conditions, policies, and practices complained of herein to which he is subject are: physical abuse by guards, threats by staff, excessive isolation, inadequate mental health services, failure to protect from harm, inadequate special education and related services, inadequate vocational
7

training and aftercare, inadequate dental care, lack of basic sanitation, and failure to investigate reports of abuse.
21. Plaintiff WARREN O. is fifteen (15) years old. He is from Rapides Parish and has been incarcerated at TCCY since January, 1998. Some of the conditions, policies, and practices complained of herein to which he is subject to are: physical abuse by guards, excessive isolation, inadequate mental health services, failure to protect from harm, and failure to investigate reports of abuse.
B. Defendants 22. With respect to all matters alleged herein, each of the Defendants has acted, and continues to act, under color of state law. All of the conditions, policies, and practices described herein are the result of, and pursuant to, specific decisions, official policies, or customs of the Defendants. Each of the Defendants has actual or constructive knowledge, or should have such knowledge, of the conditions, policies, and practices complained of herein. 23. Defendant RICHARD STALDER is the Secretary of the Department of Public Safety and Corrections (“DPS&C”) and is responsible for the establishment, operation, and maintenance of all secure care facilities for youth in Louisiana, including TCCY. He is sued in his official capacity. On information and belief, DPS&C receives federal funds. 24. Defendant RICHARD THOMPSON is the Director of the Office of Youth Division (“OYD”). As such, Defendant Thompson is responsible for the care, custody, security, and treatment of children adjudicated delinquent or in need of supervision who are committed to the DPS&C’s and OYD’s custody or placed under
8

their supervision. He is sued in his official capacity. 25. Defendant Thompson is responsible for the provision
of treatment services in secure custody facilities for delinquent offenders who are committed to the DPS&C’s and OYD’s custody.
26. Defendant DAVID HOOD is Secretary of the Department of Health and Hospitals (“DHH”). As such, he is responsible for diagnostic, case management, and treatment for individuals in the state who suffer from mental illness, mental retardation, and developmental disabilities, including youth at TCCY who suffer from such conditions. He is sued in his official capacity. On information and belief, DHH receives federal funds.
27. Defendant CECIL PICARD is Superintendent of the Louisiana Department of Education (“LDOE”). As such, he is responsible for the education of the people of Louisiana and has the duty to provide a free appropriate public education to every youth with an exceptionality in the state, including youth with exceptionalities at TCCY. LDOE is a “state educational agency” as defined by 20 U.S.C. § 1401(7) and therefore is bound by the requirements of the IDEA. On information and belief, LDOE receives federal funds. Defendant Picard is sued in his official capacity.
28. Defendant GLENNY LEE BUQUET is President of the Louisiana State Board of Elementary and Secondary Education (“BESE”). Defendant Buquet is responsible for the supervision and control of Louisiana’s public elementary, secondary and special schools. Defendant Buquet has supervisory authority over the educational services offered by the Madison Parish
9

School Board through Westside Alternative High School (“Westside”) at TCCY. On information and belief, BESE receives federal funds. Defendant Buquet is sued in his official capacity.
29. Defendant LESTER KLOTZ is Superintendent of Special School District One (“SSD#1”). As such, he is responsible for providing free appropriate public education to every child with an exceptionality who is enrolled in a state operated program, including children at TCCY. On information and belief, SSD#1 receives federal funds. Defendant Klotz is sued in his official capacity.
30. Defendant MADISON PARISH SCHOOL BOARD (“School Board”) is responsible for education and special education services for all persons within the parish, including the youth at TCCY. Defendant School Board is a “local education agency” as defined in 20 U.S.C. § 1401(8), and therefore, is bound by the requirements of the IDEA.
31. Defendant SAMUEL DIXON is the Superintendent of Schools in Madison Parish. As such, he is responsible for implementing the requirements of federal and state education and special education laws and the rules and regulations established thereunder, as they apply to persons receiving education and special education services from the Parish, including youth at TCCY. He is sued in his official capacity.
32. Defendant CITY OF TALLULAH (“City”) is a municipality in the State of Louisiana that is responsible for the construction and operation of TCCY, as set forth below. Pursuant to agreement, the City is to provide routine health care, including mental health and dental services, for youth at
10

TCCY. 33. Defendant THEODORE LINDSAY is the Mayor of City of
Tallulah. As such, he has the authority and responsibility to carry out decisions and official policies of the City, including contracting with DPS&C and with Trans-American Development Assoc., Inc. regarding operation of, and confinement of youth in, TCCY. He is sued in his official capacity.
34. Defendant TRANS-AMERICAN DEVELOPMENT ASSOC., Inc. (“Trans-American”) is a Louisiana corporation and a private, for-profit company. Its principal offices are located in the City of Tallulah. Pursuant to agreement with the City, TransAmerican is responsible for providing programmatic services and housing for youth at TCCY. These activities by Trans-American are traditionally performed by government and therefore are a public function.
35. Defendant JAMES R. BROWN is the President of and registered agent for Trans-American; for the purposes of TransAmerican’s contract with the City, Defendant Brown is TransAmerican’s duly authorized representative.
36. Defendant GARY GREMILLION is the Superintendent of TCCY, also known as the Warden of the facility. As Superintendent, he is responsible for daily operations and management of TCCY and its staff, and for the custody and care of youth at TCCY. He is sued in his official capacity.
IV. CLASS ACTION 37. The named Plaintiffs bring this action on behalf of themselves and all other persons who now are, or in the future will be, held in custody at TCCY, pursuant to Federal Rule of Civil Procedure 23(a) and (b)(2).
11

38. The class of Plaintiffs is so numerous that joinder of all members is impracticable. TCCY holds approximately six hundred (600) youth. The population fluctuates almost daily as youth are detained, committed, transferred, or released. During the course of each year, Defendants confine over a thousand youth at TCCY.
39. There are questions of law and fact common to the class. These include the factual circumstances and the legality and constitutionality of the conditions, policies, and practices under which Defendants confine Plaintiffs at TCCY.
40. Defendants impose the conditions, policies, and practices challenged in this action on the named Plaintiffs and on the members of the Plaintiff class so that the claims of the named Plaintiffs are typical of those of the class.
41. The named Plaintiffs will fairly and adequately represent the interests of the class. These Plaintiffs possess the requisite personal interest in the subject matter of the lawsuit. They are represented by counsel experienced in class action litigation involving conditions of confinement.
42. Defendants have acted and refused to act on grounds generally applicable to the class, and continue to do so, thereby making appropriate final declaratory and injunctive relief with respect to the class as a whole.
43. The injuries suffered by the named Plaintiffs and the members of the Plaintiff class are a result of the conditions, policies, and practices of Defendants and are capable of repetition, yet may evade review, thereby making class relief appropriate.
44. Unless otherwise noted, in all following paragraphs
12

the term “Plaintiffs” shall include the named Plaintiffs as well as members of the Plaintiff class.
V. FACTUAL BACKGROUND -- PHYSICAL PLANT AND POPULATION AT TCCY
A. Background 45. In February, 1994, on behalf of the DPS&C, Defendant Stalder entered into a cooperative endeavor agreement with the City. The agreement required the City to construct or cause the construction of the TCCY facility. In return, DPS&C agreed to maintain at all times a population of not less than 686 juveniles at TCCY and to pay the City an average per diem, per youth. The eighth amendment to the agreement, executed in January, 1997, reaffirms the respective roles of DPS&C and the City. 46. In 1994, on behalf of the City, the Mayor entered into a management services agreement with Defendant TransAmerican. 47. In July, 1994, on behalf of Trans-American, Defendant James R. Brown entered into a management agreement with GRW Corporation. The agreement set forth the terms and conditions under which GRW would manage the facility on behalf of TransAmerican. Responsibilities of GRW for handling day-to-day operations and management included cooperating with TransAmerican, the City, and the DPS&C in order to maximize the population at TCCY and the revenues obtained in connection therewith. 48. In October, 1994, Defendants began sending youth to TCCY. Before the end of the year, a state of emergency was declared at TCCY and the state assumed operations. 49. In June, 1995, on behalf of the City, Defendant
13

Lindsay entered into an amended management agreement with TransAmerican. The agreement required Trans-American to construct or cause the construction of a facility to house a minimum of 714 youth. Pursuant to the agreement, Trans-American provides housing and programmatic services at TCCY for each Plaintiff referred by the DPS&C to the City, and bills the DPS&C an average per diem per Plaintiff. Trans-American released GRW from the pre-existing management agreement and no longer contracted with GRW.
50. Pursuant to the agreement, Trans-American charges more per day for each Plaintiff in Phase II (the more secure side of TCCY) than for each Plaintiff in Phase I.
51. Pursuant to the agreement, the City provides all routine health care, including dental and mental health care, for Plaintiffs at TCCY. As consideration for the provision of these services, Trans-American pays the City $150,000 per year, and has agreed to do so for 25 years.
B. Physical Plant and Employees 52. TCCY is located in the city of Tallulah, Madison Parish, Louisiana. In October of 1994, Defendants DPS&C began sending youth to TCCY. 53. TCCY consists of two areas: Phase I and Phase II. Phase I was designed as a Boot Camp (“LITE” Program) but also houses juveniles who are not participating in Boot Camp. Phase I has nine dormitory-style open housing units, holding approximately forty beds (twenty bunk beds) per unit. These dormitories are named Alpha, Bravo, Charlie, Delta, Echo, Foxtrot, Golf, Hotel, and India. Phase I includes a number of separate, free standing buildings that contain classrooms, an
14

infirmary, a limited number of cellblocks for disciplinary purposes, a control center, a maintenance building, and a multipurpose building that contains a kitchen, dining hall, and laundry. Phase I has a covered recreation area. The Phase I campus is enclosed by a ten-foot tall fence reinforced with razor wire and concertina wire. There are named Plaintiffs in Phase I.
54. Phase II is a maximum security cellblock design. Phase II has four 80-cell cellblocks, divided into four sections, each with twenty individual cells. The four Phase II cellblocks are named: Java, Kentucky, Louisiana, and Montana. Phase II does not have its own kitchen; all meals are prepared in the kitchen in Phase I and transported to Phase II. Phase II has a dining hall, a building that houses classrooms and offices for TCCY’s counselors, an infirmary, a covered recreation area, an intake building, and a control center. The entire Phase II is enclosed by a twelve-foot tall double fence reinforced with concertina wire. There are named Plaintiffs in Phase II.
C. Population 55. On information and belief, more than 300 Plaintiffs are held in Phase I and more than 200 are held in Phase II at TCCY. 56. Defendants hold only male juveniles adjudicated delinquent or in need of supervision at TCCY. Plaintiffs held at TCCY have varying histories of delinquency and court intervention. 57. Defendants may hold Plaintiffs ranging in age from 10 years through 20 at TCCY. 58. Defendants confine Plaintiffs at TCCY who have been
15

found delinquent for offenses ranging from serious violent crimes to non-violent drug and property offenses.
59. DPS&C places youth under its custody, who are serving sentences under juvenile dispositions, at TCCY.
60. There are four levels of security classification within TCCY: maximum, medium, minimum-in, and minimum-out. These levels are in place for behavior modification purposes. A “staffing” is supposed to be held every three months to make recommendations for increasing or decreasing a Plaintiff’s custody level. Any Plaintiff who receives three or more disciplinary citations (“tickets”) in a staffing period is generally not recommended for a less secure level of custody.
61. In addition to the classification system, Phase II has a behavior modification program referred to as “Stages.” In Phase II, Plaintiffs who receive disciplinary tickets are placed in isolation for up to 24 hours a day in stark and oppressively small cells, without education or counseling services.
VI. VIOLATIONS OF PLAINTIFFS’ RIGHTS -- EXCESSIVE FORCE AND UNREASONABLE BODILY RESTRAINT
A. Excessive use of force by staff 62. With Defendants’ knowledge, and pursuant to official policy or custom, staff at TCCY routinely use excessive force by hitting, slapping, punching, kicking, shoving, choking, and acting out in other violent ways toward Plaintiffs. 63. Staff at TCCY use excessive force maliciously and sadistically to cause physical and emotional harm to Plaintiffs. 64. Staff at TCCY routinely use excessive force to stop or break up fights between Plaintiffs. 65. When staff at TCCY use excessive force to break up a fight, they offer not to write a disciplinary ticket for
16

fighting in return for Plaintiffs not reporting the excessive use of force to the administration.
66. Defendants do not adequately investigate allegations of excessive use of force by staff on Plaintiffs, or violence among Plaintiffs. DPS&C instituted Project Zero Tolerance (“PZT”), a program purportedly designed to end violence at juvenile correctional facilities. Despite PZT, Defendants’ investigations of excessive use of force are ineffective at best and non-existent for many violent episodes. Specifically, TCCY staff who investigate allegations of excessive use of force lack sufficient experience and knowledge of appropriate correctional practices for youth to conduct thorough and complete investigations; routinely fail to follow-up on numerous allegations of abuse and situations which are inherently suggestive of abuse; and routinely fail to properly report and discipline staff for abuse of Plaintiffs, coercion of witnesses, and filing of false reports in connection with such abuse.
67. Defendants fail to provide an adequate monitoring system to ensure supervision and accountability of staff with respect to excessive use of force. Specifically, as a result of continuing policies and practices, Defendants maintain a faulty electronic surveillance system. While there are video cameras at TCCY, they are set up to monitor only in specific areas. Staff are familiar with the areas not monitored by cameras, and consequently many abuses occur out of sight of the security cameras. In addition, Defendants have no system or procedure in place for actually monitoring the cameras during their operation and reporting potential incidents of abuse or violence. Further, Defendants use videotapes of such poor quality and
17

condition that even where the cameras do capture some disturbance, the documentation of the events on tape has very little investigative or evidentiary value, if any at all.
68. Defendants fail to adequately protect Plaintiffs who report staff abuse. Defendants inform staff who are the subject of investigations for abuse but do not remove them from contact with Plaintiffs, including Plaintiffs who filed reports of abuse. Instead, staff place Plaintiffs who report abuse in segregation, in effect punishing them for reporting the abuse. Staff at TCCY attempt to intimidate Plaintiffs from reporting abuse, and such intimidation is often successful. Some Plaintiffs refuse to even write out statements indicating abuse they have witnessed out of fear of retaliation from staff.
B. Arbitrary and punitive use of chemical and mechanical restraints 69. With Defendants’ knowledge, and pursuant to official policy and custom, staff at TCCY regularly use mace or pepper spray as threats and punishments for Plaintiffs. Staff walk around Plaintiffs shaking cans of mace or pepper spray in a menacing manner, shouting out orders and threatening to spray Plaintiffs to deter behavior. Staff use spray canisters of mace on Plaintiffs. Staff use mace or pepper spray to expedite the movement of Plaintiffs into or out of their cells, to stop youth from banging on their cell doors, and for minor misbehavior such as cutting a corner as Plaintiffs walk to the mess hall. Staff use of mace and pepper spray on Plaintiffs is excessive, punitive, painful, malicious, and sadistic. 70. Staff at TCCY use handcuffs and shackles on Plaintiffs when such mechanical restraints are excessive, unreasonable, and unnecessary to protect Plaintiffs from injury
18

to themselves or to prevent injury to others. Staff routinely use mechanical restraints in such a way as to cause discomfort and physical injury to Plaintiffs by intentionally or recklessly placing handcuffs on too tight, causing painful bruising, cuts, scratches, and other physical harm to Plaintiffs. Defendants’ use of mechanical restraints constitutes unreasonable bodily restraints on Plaintiffs.
C. Arbitrary and punitive use of isolation and discipline 71. Defendants regularly place Plaintiffs in isolation for arbitrary reasons and for grossly excessive periods, and constitute unreasonable bodily restraints on Plaintiffs. Defendants regularly place Plaintiffs in isolation for 22-23 hours per day for weeks, and sometimes months, at a time. 72. Defendants place Plaintiffs sent to isolation in lock-down cells which are oppressively small and stark. Plaintiffs must sleep on thin mattresses over metal slabs. The noise levels are very high due to constant echoing throughout the cellblock. Ventilation is poor during both summer and winter months. 73. As a result of continuing policies and practices, Defendants regularly place Plaintiffs in isolation solely as punishment, for the convenience of staff, or in some instances, as a substitute for therapeutic programming. Defendants do not have a procedure by which qualified professionals determine the need for isolation or the amount of time necessary for isolation. Defendants fail to use isolation only for instances where Plaintiffs pose an immediate threat to the health or safety of themselves or others. Defendants fail to release Plaintiffs from isolation when they have demonstrated that they
19

are in control of themselves. Defendants fail to adequately monitor Plaintiffs in isolation. Defendants fail to provide adequate education, counseling, recreation, or other rehabilitative treatment to Plaintiffs in isolation.
74. Defendants’ use of the “Stages” program for behavior control subjects Plaintiffs in Phase II to excessive punishment with no reasonable rehabilitative goals or effects.
75. Plaintiffs held in isolation experience extreme loneliness, anxiety, rage, and depression, among other potentially debilitating emotional and psychological problems. Defendants fail to ensure that prolonged use of isolation does not have adverse psychological consequences on the children. As a result of their continuing policies and practices of prolonged isolation, Defendants subject Plaintiffs to endure seemingly endless hours of mind-numbing solitude.
76. Defendants subject Plaintiffs to an arbitrary and punitive disciplinary system.
77. Staff at TCCY arbitrarily issue disciplinary “tickets” for minor or nonexistent behavior incidents. Staff routinely give Plaintiffs tickets for “aggravated disobedience” or “defiance” for conduct such as laughing, horse-playing with other children, and simply asking questions.
78. Defendants’ arbitrary practice of over-ticketing leads to excessive punishment for Plaintiffs, including increased isolation. The practice is especially detrimental for Plaintiffs with mental illnesses or learning disabilities. Defendants’ failure to adequately train and supervise staff to respond in appropriate ways to Plaintiffs with mental illnesses and mental retardation results in excessive ticketing for such
20

Plaintiffs. 79. Defendants’ practice of over-ticketing also
significantly limits opportunities for Plaintiffs for early release. For example, Plaintiffs in the Boot Camp receive early release if they successfully complete the three-month program. “Successfully completing” the program means not receiving any disciplinary tickets. A single disciplinary ticket, however, can result in a Plaintiff having to serve out his entire sentence, and Defendants’ practice of over-ticketing makes it very difficult for Plaintiffs to “successfully complete” the program.
80. Plaintiffs with mental illnesses, mental retardation or other disabilities are less capable than non-disabled Plaintiffs of responding to Defendants’ disciplinary practices and policies in ways acceptable to Defendants. Defendants subject such disabled Plaintiffs to particular injury by repeatedly sending them to isolation and keeping them confined in the more restrictive Phase II. Defendants fail to exclude Plaintiffs with mental illness and other disorders from the prolonged use of isolation, even when such Plaintiffs are unable to comply with Defendants’ demands. Excessive isolation and the arbitrary and punitive use of chemical and mechanical restraints are particularly harmful for Plaintiffs with mental illnesses, and cause the unnecessary and wanton infliction of pain on these Plaintiffs.
D. Abusive and demeaning practices 81. Staff at TCCY place “hits” on Plaintiffs whom staff want to punish without performing the actual physical assault themselves. Staff “hire” youth by providing them with food,
21

giving them contraband such as cigarettes and marijuana, granting them extra privileges, and by creating other incentives for children to beat up or harass Plaintiffs.
82. Staff constantly yell, curse, and berate Plaintiffs. Staff rarely call Plaintiffs by their name. Staff yell out racial epithets in conjunction with curse words when referring to Plaintiffs.
83. Staff maliciously and sadistically abuse their authority over Plaintiffs by forcing them to perform demeaning and cruel activities, such as requiring Plaintiffs to place their foreheads on a desk and remain in that position for hours at a time. Another common abuse of authority is forcing youth to stand en masse outside in the hot sun.
84. Staff sexually abuse youth in their care by, inter alia, engaging in sexual relations with youth.
85. Defendants repeatedly subject Plaintiffs to strip searches with little or no justification.
E. Failure to protect from harm 86. Defendants fail to provide adequate staffing levels in TCCY’s living areas, thereby endangering the safety and security of Plaintiffs. Defendants demonstrate conscious or callous indifference to the safety of Plaintiffs. Defendants provide only two guards to monitor each dormitory of forty youth, which is inadequate to protect Plaintiffs from risk of harm. Guards regularly fall asleep on duty and fail to provide supervision and protection to Plaintiffs. 87. Defendants fail to adequately classify Plaintiffs according to legitimate security and safety needs. Consequently, Defendants do not identify and separate aggressive
22

youth from potential victims. 88. Defendants fail to protect Plaintiffs from violence
caused by other youth. Guards allow, and encourage, youth to fight one another. Guards engage in a practice referred to as opening “the cut”, whereby youth are permitted to physically fight one another. As a result, Plaintiffs suffer considerable injuries, such as swollen jaws, swollen noses, sprained wrists, swollen hands, bruised eyes, lacerations, and hematomas that require medical treatment.
89. Defendants fail to protect Plaintiffs from being “snuck” (attacked by surprise) by other youth. As a result, Plaintiffs suffer considerable injuries.
90. Defendants endanger Plaintiffs by inadequately screening and paying the staff they hire; inadequately training staff for their custody and care duties and instead focusing on the use of force, restraints, and pressure points as methods of controlling Plaintiffs; and by inadequately supervising staff at TCCY.
F. Failure to adequately train and supervise staff 91. Defendants fail to adequately train and supervise staff at TCCY and Plaintiffs are directly injured as a consequence. Because the need for more and different staff training is so obvious, and the inadequacy of such training results in the violation of Plaintiffs’ constitutional rights, Defendants’ failure to provide such training amounts to deliberate indifference.
VII. VIOLATION OF PLAINTIFFS’ RIGHTS -- DENIAL OF BASIC NEEDS AND SERVICES
A. Inadequate mental health care 92. Defendants are deliberately indifferent to the
23

serious mental health needs of youth confined at TCCY. 93. Defendants fail to conduct or provide adequate
psychological assessments of Plaintiffs upon admission to TCCY. The result is that Plaintiffs who are mentally ill, mentally
retarded, developmentally disabled, or otherwise mentally disabled, are incarcerated at TCCY with inadequate mental health care.
94. Defendants deny access to medical or mental health practitioners qualified to address the mental health problems of Plaintiffs by failing to employ a sufficient number of qualified psychiatrists, psychologists, and social workers to counsel and treat Plaintiffs. Although Defendants contract with a private psychiatrist to monitor medications, Def0endants fail to provide any individualized psychiatric treatment, counseling, or psychotherapy to Plaintiffs in need of such services. Defendants also fail to provide adequate or effective group counseling by trained staff. TCCY staff conduct minimal group discussions where the following topics are addressed: angermanagement, victim awareness, life skills, and substance abuse education. However, the counselors are not trained or certified to teach in any of these areas. Defendants fail to adequately train and supervise TCCY staff to care for youth with mental health needs. As a result of these failures, Plaintiffs do not receive necessary mental health treatment.
95. Defendants fail to design and implement an adequate treatment plan for Plaintiffs with mental illness. Defendants’ failure to develop coordinated clinical care and failure to provide Plaintiffs with comprehensive and appropriate rehabilitative treatment causes Plaintiffs to suffer physical
24

and psychological harm. 96. Defendants fail to provide adequate mental health
consultation or treatment for Plaintiffs who are suicidal or homicidal, or Plaintiffs held in isolation. Defendants fail to take preventative steps to ensure TCCY’s physical structures (such as rails in dorms) are sufficiently safe, to prevent suicide attempts by Plaintiffs with mental illness.
97. Defendants’ failure to provide necessary training and supervision to adequately handle Plaintiffs who are mentally ill or mentally retarded impacts Plaintiffs’ ability to participate fully in treatment and behavior modification programs.
B. Inadequate medical care 98. Defendants fail to provide youth with adequate medical care and emergency treatment, and demonstrate deliberate indifference to the serious medical and dental needs of Plaintiffs. 99. TCCY operates infirmaries in both Phase I and Phase II. On information and belief, the infirmaries are supervised by a Registered Nurse and include a staff of two additional RNs and 21 LPNs for all of TCCY. A medical doctor is on site only nine (9) hours a week. The doctor does not meet regularly with other health care providers in order to provide consultation on treatment, use of medications, or follow-up care. 100. The infirmaries are closed on a regular basis due to insufficient staff. As a result, Plaintiffs do not receive prompt medical care. Instead, TCCY staff move sick, injured, and suicidal Plaintiffs to segregated isolation cells without any medical treatment. 101. Defendants fail to provide youth at TCCY with prompt
25

medical care due to significant delays in receiving lab reports and other vital medical records, as well as fail to conduct regular reviews of these records once they do arrive. Plaintiffs confined in the Boot Camp are particularly at risk of harm where undetected medical afflictions are adversely affected by the rigorous exercise regimen.
102. TCCY staff do not distribute medications as prescribed. Staff dispense medications three times a day; however, they do not adequately monitor Plaintiffs to ensure that they receive the proper dosage and that Plaintiffs follow their treatment regimen.
103. Defendants do not provide adequate training to TCCY staff to recognize or to respond to health problems, including situations requiring first aid, mental illness, substance abuse, and suicidal tendencies.
104. Defendants’ disciplinary customs and policies prevent Plaintiffs from receiving adequate preventative medical care by discouraging Plaintiffs from reporting illnesses. Plaintiffs with painful headaches, nausea, stomach aches, tooth aches, and other ailments must complete a medical care request. However, health care providers examining Plaintiffs issue tickets for “malingering” if they are unable to detect a problem. Consequently, Plaintiffs are reluctant to seek treatment, and often do not seek medical assistance until a condition has worsened, to their physical and psychological detriment.
106. Defendants fail to provide Plaintiffs with adequate vision and hearing treatment. Defendants fail to provide regular examinations. When Plaintiffs do receive examinations, TCCY staff fail to follow recommendations for follow-up
26

treatment. 107. Defendants fail to provide Plaintiffs with any
preventive dental treatment. Defendants fail to provide annual exams, and respond to Plaintiffs complaints of toothaches and other dental problems with only a dose of Tylenol. The only formal dental care provided, regardless of need and standard practice within the dental profession, is extraction.
C. Inadequate food 108. Defendants fail to ensure that Plaintiffs receive an adequate diet with sufficient nutritional value to preserve health. The lack of nutritional meals is particularly injurious for the physical and mental development of adolescents such as Plaintiffs. 109. Defendants fail to provide Plaintiffs with fresh fruit or fresh vegetables on a regular basis. Defendants only provide Plaintiffs with one portion of milk a day. Plaintiffs regularly find pebbles, hair, bugs and other non-food substances in their meals. 110. Plaintiffs lose weight during their custody at TCCY, in part because they receive grossly deficient amounts of nutritional food in their meals. Defendants provide Plaintiffs with meals three times per day and a snack in the evening, but the portions are meager and Defendants do not allow second helpings. Plaintiffs are often hungry. D. Lack of basic privacy for toilet and shower 111. In Phase I, Defendants fail to provide Plaintiffs with privacy during use of bathroom facilities. The dormitory is generally configured as one large room with a set of twenty bunk beds to the right, several tables and seats secured to the
27

floor to the left, and the guard area and bathroom/showers straight to one side of the back. The set of shower stalls opens directly into the main dormitory. Therefore, Plaintiffs must shower, use the toilet facilities, and complete their hygiene in front of others in the dormitory.
E. Excessive heat 112. Defendants fail to maintain the temperature in the dormitories for Plaintiffs at a reasonable level. Defendants fail to provide any effective system for cooling in the summer months. During the summer, the heat is stifling. As a result, Plaintiffs experience extreme discomfort. The heat also increases the tension level in the dormitories, contributing to a corresponding increase in the incidents of violence involving Plaintiffs. F. Lack of basic sanitation 113. Defendants fail to provide sanitary facilities. Toilets, showers, sinks, and the remainder of the dormitories are not adequately cleaned or disinfected on a regular basis. 114. Defendants fail to adequately control vermin. TCCY is infested with vermin, making the facility unsanitary and endangering Plaintiffs health and well-being. Mosquitoes make it impossible for Plaintiffs to get adequate sleep. Plaintiffs routinely find insects in their food. 115. Defendants do not provide Plaintiffs with adequate personal hygiene items such as toothbrushes and toothpaste, shampoo, or hair brushes. Defendants do not provide deodorant to Plaintiffs. Consequently, Plaintiffs’ clothing becomes smelly and filthy almost immediately. 116. Defendants fail to provide Plaintiffs with adequate
28

clothing and shoes. Consequently, Plaintiffs must regularly wear dirty and worn clothes, and Plaintiffs must often wear the same T-shirts and pants for more than a week.
117. Defendants fail to provide adequate laundry services for Plaintiffs’ clothing, and laundered clothes often return filthier than they were before being cleaned. The lack of clean clothes often leads to fighting among Plaintiffs: some steal others’ clean clothes, even those that do not fit properly. Those Plaintiffs unwilling to fight generally have the most worn and filthy clothing.
VIII. VIOLATIONS OF PLAINTIFFS’ RIGHTS -INADEQUATE PROGRAMMING
A. Inadequate regular and vocational education 118. Defendants do not provide youth with adequate, appropriate, individualized academic and vocational education. 119. Defendants place Plaintiffs who receive education in one of four basic categories of instruction: Basic Skills I, Basic Skills II, Pre-GED, or GED. Defendants fail to provide individualized assessments for Plaintiffs or to properly classify and place Plaintiffs in the education categories. 120. Defendants fail to provide appropriate learning environments and require teachers to teach and Plaintiffs to study in overcrowded classrooms. 121. Defendants exceed the state-required student teacher ratio minimum of 15 to 1. 122. Defendants fail to provide sufficiently qualified teachers. On information and belief, less than twenty percent of the teachers employed at the school meet the state qualifications for regular teacher certification. 123. Defendants fail to ensure that the curriculum meets
29

minimum state standards for curriculum development. 124. Defendants fail to provide teachers with adequate
training and supervision in working with special populations, such as incarcerated youth.
125. Defendants fail to meet state requirements for a minimum number of minutes of instruction per day. Plaintiffs currently are scheduled to receive 240 minutes of instruction per day, but receive far less. Indeed, the last hour of class is not a course of instruction but rather a “homeroom” type period. The 240-minute allotment is further reduced by absenteeism, tardiness, and early class dismissals by guards failing to bring Plaintiffs to class on time and teachers excusing class early.
126. Defendants fail to ensure adequate instruction for Plaintiffs in isolation. Assignments and instruction for Plaintiffs is haphazard, classes are often less than the minimum requirement, classes are often canceled, worksheets are distributed but no teaching assistance is provided.
127. Defendants provide only 60 minutes of instruction to youth placed on “Stage 1” isolation.
128. Defendants fail to provide Plaintiffs with adequate pre-vocational and vocational training, such as carpentry, welding, electrical wiring, plumbing, computer electronics, or other skilled or useful trades. Some TCCY youth participate in work detail; however, these tasks consist primarily of cleaning the buildings, maintaining the grounds, and washing staff vehicles, and the level of work is not adequate for employment preparation.
B. Inadequate special education for disabled students
30

129. Defendants fail to develop and implement policies and procedures to assure that all educationally disabled Plaintiffs up to twenty-one years of age have access to a free and appropriate public education, including related and transition services, in accordance with the I.D.E.A. and state statutory requirements.
130. Defendants fail to adequately identify, screen, and assess Plaintiffs to determine whether they have special needs and how such special needs can be met.
131. Defendants fail to develop Individual Educational Programs (IEPs) for all Plaintiffs with exceptionalities, or provide inadequate IEPs. For Plaintiffs who do have IEPs, Defendants fail to provide the services specified in the IEPs.
132. Defendants have failed to maintain records of the IEPs and their implementation for each youth in custody receiving special education services so that IEPs can be reviewed and, when necessary, revised.
133. Defendants have failed to provide a sufficient number of qualified special education, related services, and transition services personnel at the TCCY school to guarantee that all youth in custody eligible for special education receive a free and appropriate public education.
134. Defendants have failed to assure parental involvement or to appoint surrogate parents in the development of IEPs.
135. Defendants have failed to implement any system for notifying Plaintiffs of the availability of, and their potential eligibility for, special education and related services and transition services, as well as procedures by which they can exercise their right to such services and contest any
31

deprivation of such right. 136. Defendants deny Plaintiffs all of the appropriate
special education, related services, and transition services for which they are both eligible and in need.
137. Defendants fail to provide sufficient hours of special education instruction, as determined by a youth’s IEP. On information and belief, provision of special education classes is limited to approximately one to two hours per day.
C. Inadequate exercise and recreation 138. Defendants provide inadequate exercise and recreation, particularly on the weekends when TCCY staff set arbitrary limits on Plaintiffs’ opportunities to participate in outdoor activities. Many Plaintiffs sit or lie idle in their dorms all day. D. Inadequate rehabilitative programming 139. Defendants fail to provide adequate rehabilitative treatment and intervention to Plaintiffs. Despite a high incidence of specific rehabilitative needs among Plaintiffs, Defendants fail to provide individualized counseling services, therapeutic substance abuse treatment (as opposed to a purely educational program on substance abuse), family counseling or intervention to promote the stability of the family, sexual victimization or sexual offender treatment, or transitional services or after-care.
IX. VIOLATIONS OF PLAINTIFFS’ RIGHTS -- DENIAL OF ACCESS TO THE COURTS AND TO FAMILY
140. Defendants deny meaningful access to the courts by failing to provide youth with access to a law library or assistance from a person trained in the law. The majority of Plaintiffs have a right to petition the Juvenile Court for an
32

early release. Without meaningful access to the courts, such a right is illusory and Plaintiffs are denied early release.
141. Defendants’ improperly restrict Plaintiffs’ access to the courts in other ways. For example, Defendants do not allow a youth to call an attorney unless the attorney’s phone number is on the youth’s calling list. However, Defendants unreasonably delay placing attorneys’ phone numbers on Plaintiffs’ calling lists, thereby depriving access to counsel.
In addition, all phone calls are recorded, eviscerating Plaintiffs’ right to confidential communications with counsel. Finally, staff interfere with Plaintiffs’ access to the courts by improperly questioning Plaintiffs when Plaintiffs meet with their counsel and making derogatory comments about Plaintiffs’ counsel.
142. Defendants unreasonably restrict Plaintiffs’ ability to maintain contact with their families. The remote location of TCCY places unreasonable and unnecessary burdens on Plaintiffs and their families, particularly in terms of the expense of telephone calls (which must be made collect) and the difficulty of visitation. Defendants make no provisions to assist families to visit Plaintiffs regularly. When Plaintiffs’ families are able to visit, Defendants unreasonably limit the number of visitors Plaintiffs may have and the hours during which visits may occur.
X. EXHAUSTION OF ADMINISTRATIVE REMEDIES 143. All of the named Plaintiffs have exhausted administrative remedies to the extent that they are required to do so. 144. Plaintiffs are not required to exhaust administrative
33

remedies. Defendants failed to adhere to the requirements of their own Administrative Remedy Procedure by not responding to Plaintiffs’ requests for administrative remedies within the forty (40) days required by the DPS&C regulations.
145. In this matter, exhaustion of administrative remedies would be inadequate and futile because there is no remedy available that can address Plaintiffs’ allegations of denial of their civil and constitutional rights by Defendants, as alleged herein, within a reasonable period of time, and no remedy that can provide meaningful relief. This is particularly true where, as here, the claims are brought on behalf of a class of significant size, and Plaintiffs seek classwide relief.
146. In addition, exhaustion of administrative remedies would be inadequate and futile because it would be futile as a legal and practical matter to use the administrative process; it is improbable that adequate relief can be obtained by pursuing the administrative process; government agencies have adopted policies and pursued practices of general applicability that are contrary to the law; and the agencies have failed to give Plaintiffs adequate notice of their rights under the law.
147. Further, administrative remedies are not effectively available to Plaintiffs. DPS&C’s Administrative Remedy Procedure (“ARP”) is too complex for Plaintiffs not represented by counsel, given the low maturity and educational level of members of the Plaintiff Class. Moreover, Defendants do not provide posted notice of the ARP’s existence in a manner readily accessible to youth, as required by the ARP. Defendants do not provide any assistance from a “classification officer” or “inmate counsel substitute.”
34

148. On information and belief, Defendants fail to provide notice to Plaintiffs of the availability of and potential eligibility for special education and related services. Furthermore, Defendants fail to provide notice and opportunities to use administrative procedures by which Plaintiffs can exercise their right to such services and contest their deprivation of such right under the IDEA and corresponding state statutes and regulations.
149. Administrative remedies are also not effectively available to Plaintiffs because Plaintiffs have a well-founded fear of retaliation by guards at TCCY if they file any administrative action. As previously alleged, guards physically and verbally abuse Plaintiffs, and many incidents of abuse go unreported due to a legitimate fear of retaliation.
150. Administrative remedies are also unavailable because the majority of Plaintiffs are under the age of seventeen (17) and do not, under Louisiana law, have the legal capacity to seek redress.
XI. NECESSITY FOR INJUNCTIVE RELIEF; NO ADEQUATE REMEDY AT LAW
151. Defendants have acted and continue to act in violation of the law, as described herein. Plaintiffs do not have an adequate remedy at law. As a proximate result of the policies, practices, acts, and omissions of Defendants, Plaintiffs have suffered and continue to suffer serious and irreparable physical, psychological, mental, and emotional injuries. Plaintiffs have no plain, adequate, or complete remedy at law to redress the wrongs described herein. Defendants have acted and continue to act in violation of the law, and Plaintiffs will continue to suffer irreparable injuries
35

from the conditions of confinement at TCCY and Defendants’ policies, practices, acts, and omissions unless this Court grants the injunctive relief requested by Plaintiffs.
XII. KNOWLEDGE OF THE DEFENDANTS 152. Defendants are aware of the unlawful and unconstitutional conditions and the risks of irreparable harm to Plaintiffs enumerated above. Despite Defendants’ knowledge, they are deliberately indifferent to those unconstitutional conditions and the risk of irreparable harm.
XIII. CAUSES OF ACTION 153. Plaintiffs hereby incorporate by reference all of the above factual allegations in paragraphs 1 to 152 to support the following claims:
Count I 154. The conditions of confinement at TCCY and Defendants’ policies, practices, acts, and omissions complained of herein, constitute punishment and subject Plaintiffs to denial of due process of law, in violation of Plaintiffs’ constitutional rights under the Fourteenth Amendment to the United States Constitution.
Count II 155. The conditions of confinement at TCCY and Defendants’ policies, practices, acts, and omissions complained of herein, are a substantial departure from accepted professional judgment, standards, and policies, and thereby subject Plaintiffs to denial of due process of law, in violation of Plaintiffs’ constitutional rights under the Fourteenth Amendment to the United States Constitution.
Count III
36

156. The conditions of confinement at TCCY and Defendants’ policies, practices, acts, and omissions complained of herein, violate Plaintiffs rights to freedom of speech and association, privacy, and meaningful access to the courts and counsel, in violation of Plaintiffs’ rights under the First, Fourth, Fifth, Sixth, and Fourteenth Amendments to the United States Constitution.
Count IV 157. The conditions of confinement at TCCY and Defendants’ policies, practices, acts, and omissions complained of herein, and Defendants’ deliberate indifference to those conditions and their policies and practices in administering and overseeing TCCY, constitute cruel and unusual punishment in violation of Plaintiffs’ constitutional rights under the Eighth and Fourteenth Amendments to the United States Constitution.
Count V 158. Defendants’ policies, practices, acts, and omissions complained of herein, and in particular Defendants’ failure to provide adequate special education and related services, deprive Plaintiffs of their rights under the IDEA and Section 504.
Count VI 159. Defendants policies, practices, acts, and omissions complained of herein, and in particular Defendants’ failure to provide adequate psychological assessments, care, and treatment to Plaintiffs with mental illness, mental retardation, and other disabilities, discriminates against Plaintiffs and punishes them solely by reason of their disability, in violation of the Eighth Amendment and Fourteenth Amendments to the United States Constitution, Section 504, and the ADA.
37

State Pendent Claims 160. Plaintiffs incorporate by reference all of the factual allegations in paragraph 1 through 152 as they apply to defendants Madison Parish School Board, Samuel Dixon, City of Tallulah, Theodore Lindsay, Trans-American Development Assoc., Inc., and James R. Brown. The conditions at TCCY and the policies, practices, acts, and omissions of these Defendants violate Plaintiffs’ rights to health, mental health, education, treatment, and rehabilitative services under the Louisiana Constitution and Louisiana statutes.
PRAYER FOR RELIEF WHEREFORE, Plaintiffs respectfully pray that this Court: 1. Assume jurisdiction over this action. 2. Permit the named Plaintiffs to proceed in pseudonym. 3. Appoint Shannon Robshaw the guardian ad litem for the named Plaintiffs who are minors. 4. Certify this case as a class action pursuant to Rule 23(a) and (b)(2) of the Federal Rules of Civil Procedure. 5. Declare that Plaintiffs have exhausted available administrative remedies or that exhaustion would be inadequate and futile. 6. Issue a declaratory judgment pursuant to 28 U.S.C. Sections 2201 and 2202, and Rule 57 of the Federal Rules of Civil Procedure, that the conditions of confinement at TCCY, and the policies, practices, acts, and omissions complained of herein: (1) constitute punishment and subject Plaintiffs to denial of due process of law, in violation of Plaintiffs’ constitutional rights under the Fourteenth Amendment to the United States Constitution;
38

(2) are a substantial departure from accepted professional judgment, standards, and policies, and thereby subject Plaintiffs to denial of due process of law, in violation of Plaintiffs’ constitutional rights under the Fourteenth Amendment to the United States Constitution;
(3) violate Plaintiffs rights to freedom of speech and association, privacy, and meaningful access to the courts and counsel, in violation of Plaintiffs’ rights under the First, Fourth, Fifth, Sixth, and Fourteenth Amendments to the United States Constitution;
(4) constitute cruel and unusual punishment in violation of Plaintiffs’ constitutional rights under the Eighth and Fourteenth Amendments to the United States Constitution;
(5) deprive Plaintiffs with educational disabilities of their rights under the IDEA and Section 504;
(6) discriminate against Plaintiffs with mental illness, mental retardation, and other disabilities, and punish them solely by reason of their disability, in violation of the Eighth Amendment and Fourteenth Amendments to the United States Constitution, Section 504, and the ADA;
(7) violate Plaintiffs’ rights to health, mental health, education, treatment, and rehabilitative services under the Louisiana Constitution and Louisiana statutes. 7. Issue preliminary and permanent injunctions restraining and prohibiting Defendants from confining any Plaintiffs in TCCY unless and until Defendants provide all of the following:
(1) adequate and effective policies and practices that ensure that Plaintiffs will not be subjected to use of excessive force by staff;
39

(2) adequate and effective means for Plaintiffs to report incidents of use of excessive force by staff, without fear of retaliation by TCCY staff or anyone else;
(3) adequate and effective investigations of reports of use of excessive force by staff, including investigations by adequately experienced, knowledgeable, and trained individuals; follow-up on all reports of use of excessive force by staff; and discipline and other sanctions for staff who use excessive force on Plaintiffs, coerce witnesses, or file false reports in connection with allegations of abuse;
(4) an adequate and effective monitoring system to ensure supervision and accountability of staff with respect to the use of excessive force, including an adequate and effective video monitoring system;
(5) adequate and effective measures to protect Plaintiffs who report staff abuse;
(6) termination of the use of mace, pepper spray, and any other chemical restraints at TCCY;
(7) adequate and effective policies and practices to ensure that staff at TCCY use handcuffs, shackles, and other mechanical restraints only in extraordinary circumstances, when individual Plaintiffs are completely out of control and a physical danger to themselves, other Plaintiffs, or staff, and staff have exhausted all other means to bring Plaintiffs back under control; that staff use such mechanical restraints only so long as the individual Plaintiffs are out of control, and staff remove the restraints as soon as the individual Plaintiffs are back in control or are returned to their rooms; that staff may use mechanical restraints for security purposes in moving
40

individual Plaintiffs from one area of TCCY to another or for moving Plaintiffs to locations outside of TCCY such as hospitals; and that all incidents in which staff use mechanical restraints are documented by the staff directly involved and reviewed by the Superintendent;
(8) adequate and effective policies and practices to ensure that staff at TCCY use isolation to control behavior only when individual Plaintiffs are out of control and a physical danger to themselves, other Plaintiffs, or staff, and staff have exhausted all other means to bring Plaintiffs back under control; that staff use isolation only so long as the individual Plaintiffs are out of control, and staff release Plaintiffs from isolation as soon as the individual Plaintiffs are back in control; that any Plaintiff held in room isolation for more than two hours will be interviewed by medical or mental health staff; that staff may use room confinement as a sanction as part of an adequate disciplinary system that includes full due process protections for Plaintiffs; and that all incidents in which staff use isolation are documented by the staff directly involved and reviewed by the Superintendent;
(9) an adequate and effective disciplinary system that includes full due process protections for Plaintiffs prior to receiving sanctions for conduct;
(10) adequate and effective policies and practices to ensure that staff do not engage in abusive and demeaning practices toward Plaintiffs, including yelling, cursing, using racial epithets, requiring Plaintiffs to perform abusive and demeaning physical acts, and requiring Plaintiffs to perform tasks to benefit staff such as washing staff cars;
41

(11) adequate and effective policies and practices to ensure that staff do not engage in sexual activities with Plaintiffs or otherwise sexually abuse Plaintiffs;
(12) adequate and effective policies and practices to ensure that staff conduct strip searches on Plaintiffs only when justified by legitimate security concerns;
(13) adequate staffing levels in the living areas at TCCY sufficient to protect Plaintiffs from risk of harm;
(14) a system to adequately classify Plaintiffs according to legitimate security and safety needs;
(15) adequate pre-hiring screening, monetary compensation, pre-service and in-service training, and supervision of staff at TCCY;
(16) adequate mental health services for Plaintiffs, including adequate assessments upon admission, sufficient numbers of qualified mental health professionals at the facility, treatment plans for youth with mental health needs, individual counseling by mental health professionals, group counseling by adequately trained staff, adequate consultation for Plaintiffs who are suicidal or homicidal or who are held for extended periods in isolation, adequate training for staff to care for Plaintiffs with mental health needs, and preventive measures to remove dangers to Plaintiffs with mental health needs from TCCY’s physical structures;
(17) adequate medical services for Plaintiffs, including sufficient numbers of qualified medical professionals and other staff at the facility to provide timely medical treatment to Plaintiffs with medical needs, adequate monitoring of Plaintiffs who take medications, adequate training for TCCY staff to
42

recognize and respond to health problems of Plaintiffs, elimination of penalties such as “tickets” for Plaintiffs who report illnesses or injuries, adequate vision and hearing examinations and treatment, adequate dental examinations and appropriate treatment;
(18) a nutritionally adequate diet for Plaintiffs, including sufficient quantities of food for adolescent males, availability of milk at each meal, and availability of fresh fruit and vegetables on a regular basis;
(19) physical changes in Phase I dormitories to provide Plaintiffs with privacy in showers and when using toilets;
(20) effective means of controlling temperature in the dormitories and keeping it at a reasonably comfortable level, particularly during the summer months;
(21) adequate and effective sanitation in the facility, including regular cleaning of bathrooms and dormitories, control of vermin, and availability of basic hygiene supplies, adequate clothing and shoes, and adequate laundry services;
(22) adequate educational and vocation programming, including adequate assessments at admission, sufficient numbers of qualified and appropriately trained teachers, full days of instruction, an adequate learning environment, adequate education for Plaintiffs in isolation, and an adequate variety of pre-vocational and vocational training;
(23) a free and appropriate public education, including related and transition services, for Plaintiffs with educational disabilities, including adequate identification, screening, and assessment at admission; development and full implementation of Individual Education Programs; adequate maintenance of
43

Individual Education Programs and other records; sufficient numbers of qualified and appropriately trained special education, related services, and transition services personnel; effective methods to assure parental involvement or appointment of surrogate parents; and appropriate notification of parents of their rights and the rights of Plaintiffs;
(24) adequate exercise and recreation, particularly on weekends;
(25) adequate rehabilitative treatment, including therapeutic substance abuse treatment, family counseling or intervention to promote the stability of the family and transition back to communities, sexual victimization and sexual offender treatment, and transitional services or aftercare;
(26) meaningful confidential access to attorneys or other persons trained in the law and an accessible and meaningful administrative remedy procedure;
(27) facilitation of telephone calls to, and visits from, Plaintiff’s families. 8. Order Defendants to develop and implement a comprehensive plan for the correction of the unlawful policies, practices, acts and omissions complained of herein and to submit this plan to the Court and to the attorneys for Plaintiffs for review. 9. Appoint a Special Officer to review and insure implementation of the plan to be submitted by Defendants and to protect the rights of Plaintiffs during the pendency of this action. 10. Retain jurisdiction over Defendants until such time as the Court is satisfied that their unlawful policies, practices, acts and omissions complained of herein no longer exist and will not
44

recur. 11. Award Plaintiffs the costs of this lawsuit and reasonable attorney’s fees.
45

12. Order such additional relief as this Court may deem just and proper.
Respectfully submitted this 21st day of October, 1998.

David J. Utter (TA), Middle District ID #23236 Gabriella M. Celeste, Middle District #25363 JUVENILE JUSTICE PROJECT OF LA 822 Camp Street New Orleans, LA (504) 522-5437 fax 522-5430

Addison K. Goff, IV Middle District ID #21617 GOFF & GOFF 612 N. Vienna Street Ruston, LA 71270 (318) 255-1760 fax 255-7745

P. Scott Wolleson Middle District ID #22691 BRUSCATO, TRAMONTANA & WOLLESON 2011 Hudson Lane Monroe, LA 71201 (318) 325—7577 fax 323-9999
OF COUNSEL:
J. Richard Cohen Rhonda Brownstein SOUTHERN POVERTY LAW CENTER 770 400 Washington Avenue Montgomery, AL 36104 (334) 264-0286
Loren M. Warboys YOUTH LAW CENTER 114 Sansome Street, Suite 950 San Francisco, CA 94104-3820 (415) 543-3379

____________________________ By: DAVID J. UTTER, TA
Mark Soler YOUTH LAW CENTER
1325 G Street, N.W., Suite
Washington, D.C. 20005 (202) 637-0377

46

 
 IN THE UNITED STATES DISTRICT COURT

FOR THE MIDDLE DISTRICT OF LOUISIANA

HAYES WILLIAMS, et al,

)

)

Plaintiffs,

)

)

v.

)

)

JOHN McKEITHEN, et al,

)

)

Defendants,

)

)

UNITED STATES OF AMERICA,

)

)

Amicus Curiae.

)

)

IN RE: JUVENILE FACILITIES )

)

IN RE: TALLULAH CORRECTIONAL )

CENTER FOR YOUTH

)

)

IN RE: JETSON CORRECTIONAL )

CENTER FOR YOUTH

)

)

IN RE: SWANSON CORRECTIONAL )

CENTER FOR YOUTH

)

)

IN RE: LOUISIANA TRAINING

)

INSTITUTE - BRIDGE CITY )

______________________________)

)

BRIAN B., et al.,

)

Plaintiffs.

)

)

v.

)

)

RICHARD STALDER, et al.,

)

Defendants.

)

______________________________)

)

THE UNITED STATES OF AMERICA, )

Plaintiffs

)

)

v.

)

)

THE STATE OF LOUISIANA, et al,)

Defendants.

)

_____________________________ )

Civil No. 71-98-B
Civil No. CH 97-MS-001-B Civil No. CH 97-0665-B-M1 Civil No. CH 97-0666-B-M1 Civil No. CH 97-0667-B-M1 Civil No. CH 97-0668-B-M1 Civil No. 98-886-B-M1
Civil No. 98-947-B-1

SETTLEMENT AGREEMENT

I. INTRODUCTION

1.

This Agreement resolves litigation concerning the

educational services in the State of Louisiana’s secure

juvenile training facilities. This litigation has arisen

from three sources: the long-standing consent decrees in

Williams v. McKeithen, Civ. No. 71-98 (M.D. La.); a

private lawsuit concerning conditions at the Tallulah

Correctional Center for Youth entitled Brian B. v.

Stalder, Civ. No. 98-0886-B-1; and a lawsuit filed by the

United States Department of Justice concerning conditions

in four of the State's post-adjudication secure juvenile

facilities, United States v. Louisiana, Civ. No.

98-0947-B-1. In order to resolve the education issues in

this litigation, the parties have entered into this

Agreement, which, if substantially complied with by the

State within the time frames specified below, will result

in the dismissal of the education claims. The terms of

this Agreement shall apply to the five secure juvenile

facilities operated by or on behalf of the State and any

new secure juvenile facility opened during the life of

the Agreement (except that provisions that address

specific institutions designated by name in the text of

the provision shall apply only to the designated

facility).

2.

As part of this Agreement, the State will revise as

Page 2 of 42

necessary its policies and procedures to ensure that they

are consistent with the provisions of this Agreement.

II.

DEFINITIONS

3.

The term “short term program” means a two-part program

designed to last for a minimum of 180 days, of which at

least 90 days and no more than 180 days will be in a

secure juvenile institution.

4.

The term “vocational education” shall not include pre-

vocational programs, such as the JSEP program.

5.

The term “teacher aide” means a person hired to provide

educational support services in a classroom who qualifies

for such a position in a Louisiana public school, and

shall not include confined juveniles.

6.

“Substantial compliance” exists where: (1) there has

been no willful departure from the terms of the

agreement; (2) there has been no omission in essential

terms; and (3) there has been performance in every

material particular. Noncompliance with mere

technicalities, or temporary failure to comply during a

period of otherwise sustained compliance, will not

constitute failure to maintain substantial compliance.

At the same time, temporary compliance during a period of

otherwise sustained noncompliance shall not constitute

substantial compliance. With respect to all provisions

setting forth specific numbers of staff to be employed,

substantial compliance shall require that the minimum

Page 3 of 42

required number of staff positions be funded and filled

and that the State actively recruit for, and fill

promptly, vacancies that may occur.

II.

EDUCATIONAL SERVICES

7.

The State shall provide all juveniles confined in the

facilities with general education, vocational education,

special education, and related services as required by,

and in full compliance with: (1) the Fourteenth Amendment

of the United States Constitution; (2) the Individuals

with Disabilities Education Act of 1997, 20 U.S.C. §§

1400 et seq., and regulations promulgated thereunder; (3)

Section 504 of the Rehabilitation Act of 1973, 29 U.S.C.

§ 794, and regulations promulgated thereunder, (4) the

Americans with Disabilities Act, 42 U.S.C. §§ 12102 et

seq. and regulations promulgated thereunder; and (5) the

terms of this Agreement.

A. Education Authority

8.

Within 90 days of the execution of this Agreement, the

State shall hire a highly qualified, full-time person

with an advanced degree in education as the State

Director of Education who shall oversee and supervise

education services provided in all facilities.

9.

The State Director of Education’s duties shall include,

but not be limited to:

a.

Oversight of

educational programming in the

juvenile

facilities;

Page 4 of 42

b. Monitoring whether educational staffing and resources

are sufficient to provide adequate education to

all juveniles and to ensure compliance with this

Agreement;

c. Development and implementation of a quality assurance

program, as defined in ¶ 65, for all educational

services at all of the juvenile facilities,

including ensuring that deficiencies found through

the quality assurance program are remedied in a

prompt and effective manner;

d. Coordination of the State’s compliance with the terms

of this Agreement.

10.

Within thirty days of the execution of this Agreement,

the State shall employ or designate an appropriate

administrative staff member at each facility (who may be

the principal) who has a comprehensive understanding of

all relevant legal requirements relating to general,

vocational and special education services, to administer

the school program and coordinate each facility’s

compliance with the educational components of this

Agreement. This individual shall report, for the

purposes of this paragraph, to the State Director of

Education described in ¶¶ 8-9.

B. Number of Teaching Staff

11.

With the exception of shorter time-lines expressly set

forth in other provisions of this Agreement, the State

Page 5 of 42

shall, within two years of the execution of this

Agreement, hire and maintain a sufficient number of

certified general education, certified vocational and

certified special education teachers, including

substitute teachers and staff, to:

a. provide juveniles the opportunity to attend school

full-time;

b. provide for the vocational education programs required

in ¶¶ 56-60 below;

c. permit teachers adequate time for planning,

participation in IEP and other special education

activities, attend training and accomplish other

required administrative tasks;

d. comply with the case load limitations in Bulletin 1706,

Part B and, in addition, limit case loads for

special education teachers to no more than 22

students. If a special education teacher’s case

load exceeds 22 students for more than 5 days

during any 30 day period, then the State Director

of Education shall be notified and shall work with

the school to reduce the teacher’s case load to no

more than 22 students; and

e.

comply with the class size limitations set forth

in ¶ 12 of this Agreement.12. Class sizes shall not

exceed the following:

a. For general education: 17 students;

Page 6 of 42

b. For vocational education: 12 students;

c. For special education classes: 6 students, provided,

however, that up to 10 students may be served in

one class if a full-time, qualified teacher aide

is provided in the classroom.

d. For physical education classes: 20 students.

13.

Within 90 days of the execution of this Agreement the

State shall employ the following numbers of special

education teachers at each facility:

a. A total of at least 10 full-time equivalent (FTE)

special education teachers at Tallulah

Correctional Center for Youth (TCCY);

b. A total of at least 7 FTE special education teachers at

Swanson Correctional Center for Youth (SCCY);

c. A total of at least 3 FTE special education teachers at

Bridge City Correctional Center for Youth (BCCY);

d. A total of at least 8 FTE special education teachers at

Jetson Correctional Center for Youth (JCCY); and

e. A total of at least 5 FTE special education teachers at

the Jena Juvenile Justice Center (JJJC).

14.

Within 12 months of the execution of this Agreement the

State shall employ the following numbers of special

education teachers at each facility (and comparable

staffing levels at any new facility that may be opened

after the execution of this Agreement):

a. A total of at least 12 FTE special education teachers

Page 7 of 42

at TCCY;

b. A total of at least 8 FTE special education teachers at

SCCY;

c. A total of at least 4.5 FTE special education teachers

at BCCY;

d. A total of at least 12 FTE special education teachers

at JCCY; and

e. A total of at least 6 FTE special education teachers at

JJJC. 15.

Within 120 days of the execution of this

Agreement the State shall increase the total number of

qualified teacher aides employed at the secure juvenile

facilities to at least 68.

C. Qualifications of Teaching Staff

16.

The State shall immediately cease using tutors, aides,

and correctional staff as routine substitute teachers,

except as provided for in this paragraph.

a. The State shall develop and utilize a substitute

teacher pool with a sufficient number of teachers

to allow the routine use of teachers from the

substitute teacher pool to replace absent

teachers.

b. The State shall document efforts to secure substitute

teachers who meet the requirements for employment

as full-time teachers in Louisiana public schools.

c. In the event of anticipated absences and absences Page 8 of 42

lasting more than one day, the State shall provide a substitute teacher from the substitute teacher pool. In the event that none of the teachers in the substitute teacher pool is available, the State shall attempt to fill the vacancy with one of the school’s teacher aides. If no teacher aide is available, the State may fill the vacancy with other facility staff from a list maintained by the school of staff who have been documented to be at least twenty-one years old, have a high school diploma or its equivalent, have scored at or above the tenth grade level on a nationally validated achievement test, and have received specific training for substitute teaching as set forth in regulations promulgated by the Director of Education. d. In the event of an unexpected intra day absence, the State shall attempt to secure a substitute teacher from the substitute teacher pool if, given the timing and other circumstances of the absence, such arrangements are reasonably feasible. If securing a teacher from the substitute teacher pool is not reasonably feasible, or if efforts to use the substitute teacher pool are unsuccessful, the State shall attempt to fill the intra day vacancy with one of the school’s teacher aides.
Page 9 of 42

If no teacher aides are available, the State may

fill the intra day vacancy with other facility

staff from a list maintained by the school of

staff who have been documented to be at least

twenty-one years old, have a high school diploma

or its equivalent, have scored at or above the

tenth grade level on a nationally validated

achievement test, and have received specific

training for substitute teaching as set forth in

regulations promulgated by the Director of

Education.

17.

The State shall ensure that teachers teach only in their

areas of certification. The parties recognize, however,

that juveniles working on Carnegie units who are

occasionally housed in short-term special management

units, such as the STAGES or JUMP program at TCCY, may

receive instruction from teachers who are not certified

in all the areas in which they are teaching.

18.

If the State must use teachers with provisional

certifications according to Louisiana Bulletin 746,

Circular 665 at any facility, then the State shall

require those teachers to attain full-certification

within 5 years of the commencement of their employment or

three years in the case of special education teachers.

The State shall exert all reasonable efforts to recruit

certified teachers and to increase the percentage of

Page 10 of 42

fully certified teachers in each facility to a level

comparable to the percentage of fully certified teachers

in the public schools state-wide. The State shall

document efforts to recruit certified teachers at each

facility. The State shall provide teachers with adequate

training and support to assist their efforts to obtain

full certification. If courses necessary for the

fulfilment of certification requirements are not

reasonably available in the area in which a facility is

located, the State shall make reasonable attempts to, and

document efforts to, arrange for such courses to be made

available to teachers at that facility.

D. Training of Teaching Staff

19.

The State shall provide suitable in-service training, not

less than four days per year, to all school teachers,

substitute teachers, and school staff. This training

shall include enough time to facilitate their ability to

implement the provisions of this Agreement. This shall

include, but not be limited to, training regarding the

identification of students who may need special education

and/or related services.

20.

The State shall ensure that all teachers receive training

in effective behavior management techniques as well as

the training delineated in ¶¶ 19 and 40.

E. Pay for Teaching Staff

21.

The State shall ensure that no later than July 1, 2001,

Page 11 of 42

pay for academic and vocational teachers, teacher aides, and tutors working in any of the juvenile facilities shall be comparable to the pay of the Parish in which each facility is located and shall ensure that salaries of Department of Public Safety and Corrections teachers are in parity with the those of Special School District Number One. F. Other Educational Staff 22. The State shall employ staff identified in ¶¶ 23-26 to adequately screen and evaluate juveniles for eligibility for special education services, to ensure that transitional services and related services are being provided to all eligible juveniles in accordance with the IDEA and its implementing regulations, and to provide such related services required by students IEPs. 23. Within 30 days of the execution of this Agreement, the State shall ensure that each facility employs a full-time school psychologist to participate as appropriate in the development of IEPs, conduct psycho-educational assessments, to consult with teachers and staff, and to provide counseling related specifically to issues in juveniles’ IEPs and educational plans. The school psychologists required in this paragraph are included in the staffing requirements in ¶ 24. 24. The State shall ensure that the following staff are employed within 90 days of the execution of this Agreement:
Page 12 of 42

a. At BCCY: i. 1 FTE educational diagnostician; ii. 1 FTE school psychologist; iii 0.2 FTE speech therapist;
b. At JJJC: i. 1 FTE educational diagnostician; ii. 1 FTE school psychologist; iii. 1 FTE speech therapist;
c. At JCCY: i. 2 FTE educational diagnostician; ii. 1 FTE school psychologist; iii. 1 FTE social worker or psychologist; iv. 1 FTE speech therapist;
d. At SCCY: i. 2 FTE educational diagnostician; ii. 1 FTE school psychologist; iii. 1 FTE social worker or psychologist; iv. 1 FTE speech therapist;
e. At TCCY: i. 2 FTE educational diagnostician; ii. 1 FTE school psychologist; iii. 1 FTE social worker or psychologist; iv. 1 FTE speech therapist;
25. Within 120 days of the execution of this Agreement, the State shall ensure that each secure juvenile facility employs a full-time IEP Facilitator/Transition Services
Page 13 of 42

Coordinator. 26. In addition to the staff required by ¶ 24, the State shall
employ the following additional staff within 12 months of the execution of this Agreement: 0.8 FTE speech therapist at BCCY; G. Length of School Day 27. The State shall provide the following amounts of class time to juveniles: a. Juveniles in the intake units at Jetson shall be
provided a minimum of two hours per day of academic instruction; b. Educational programs shall operate five days per week, twelve months per year, with the exception of up to 40 days per year that may be used for scheduled holidays, periods providing for teacher vacations, if taken collectively, group training, and emergencies, provided that an additional 10 days may be taken in the first year of the implementation of this Agreement for the purposes related to the implementation of the Agreement. Educational instruction shall be based upon a 330 minutes of instruction per school day per juvenile except for occasional school assemblies. The 330 minutes of instruction each day of school shall include at least five fifty-five minute classes in vocational education and/or core academic subjects of math, reading/language arts, social studies, and
Page 14 of 42

sciences. 28. Juveniles who are within the compulsory school attendance
age range will be enrolled in school. 29. All juveniles, including those who exceed the mandatory age
for compulsory school attendance, shall be allowed and encouraged to participate in school full-time. Juveniles who exceed the mandatory age for compulsory school attendance shall be permitted to discontinue school attendance only after receiving counseling on the subject. The State shall also send notice of a juvenile’s decision to discontinue schooling to his or her parents. Any juvenile who withdraws from school shall have the right to be readmitted to school once every quarter. When the juvenile makes this request he or she shall be re-admitted to classes within one week of requesting to begin attendance again. 30. The State shall provide all juveniles with age-appropriate pre-vocational or vocational education in accordance with their educational plan. 31. Time spent during work details or routine security counts shall not be used to satisfy the length of school day requirements of ¶ 27. Time spent during counseling services, except when related to educational activities, shall not be used to satisfy the length of school day requirements of ¶ 27. 32. The State shall ensure that juveniles are not absent from classes in order to perform any routine work details.
Page 15 of 42

H. Instructional Space, Materials, and Equipment 33. Within 18 months of the execution of this Agreement, the
State shall provide sufficient administrative and classroom space for educational, special educational, and vocational educational services in the facilities adequate to ensure: a. each juvenile receives the amount of educational
services required in ¶ 27 in a class with no more than the number of students allowed in ¶ 12; b. each juvenile has a desk and/or other adequate space in each academic class; c. each classroom is constructed and configured to permit a reasonably quiet working environment conducive to learning; d. teachers are provided sufficient space to store needed instructional materials and equipment; and e. adequate space for compliance with this Agreement. 34. Within 12 months of the execution of this Agreement, the State shall complete at a minimum the construction of the following number and type of additional educational classrooms and school offices in the secure juvenile facilities: a. BCCY: 3 regular education classrooms, 1 special education classroom, and 3 offices; b. SCCY: 3 regular education classrooms, 2 special education classrooms and 2 offices; c. JCCY: 3 classrooms in the JRDC, 4 regular education
Page 16 of 42

classrooms, and 6 special education classrooms; d. TCCY: 3 regular education classrooms, 3 special
education classrooms, and 5 offices; and e. JJJC: 5 regular education classrooms and 5 offices. Each new classroom shall provide, at a minimum, 25 square feet per student and an additional space which shall be at least 25% of the space required for the students. 35. With 18 months of the execution of this Agreement, the State shall complete at a minimum the construction of the following additional classrooms in the secure juvenile facilities: a. JCCY: 3 vocational education classrooms; b. TCCY: 4 vocational education and 2 regular education
classrooms; and c. JJJC: 4 vocational education classrooms (presently
under construction). 36. Within 18 months of the execution of this Agreement, the
State shall provide juveniles with sufficient instructional materials and equipment for academic and vocational education for students, including but not limited to books, vocational equipment to implement the State curriculum for each vocational course being offered, and sufficient safety equipment for vocational shops. 37. Within 180 days of the execution of this Agreement, the State shall purchase a sufficient amount of library materials to support adequate instructional programs. The
Page 17 of 42

State shall provide and maintain adequate reading materials in designated areas of each housing unit that are accessible to the juveniles. The State shall ensure that juveniles have sufficient school supplies to be able to complete homework assignments in their housing units. 38. Within 180 days of the execution of this Agreement, the State shall ensure that all non-functional educational equipment (e.g., computers, shop equipment), is repaired or replaced or discarded in a timely manner, and that all missing, discarded or destroyed instructional materials are replaced in a timely manner. This section is not intended to discourage the State from acquiring donations of used equipment/materials which later be discarded and not replaced. It is also not intended to require the State to replace outdated or obsolete equipment or materials. I. Curriculum and Adequacy of Instruction 39. Within 280 days of the execution of this Agreement, the State shall complete development and implement an adequate correctional education curriculum for juveniles in shortterm boot camp programs; long-term programs; and in the intake units at Jetson. 40. The State shall develop and implement effective instructional strategies designed to engage troubled juveniles in education and differentiate instruction for juveniles’ individual strengths and needs. 41. The State shall ensure that all juveniles will be able to
Page 18 of 42

receive academic credit and/or educational advancement for their educational achievements at the facilities according to standards equivalent to those used by the public schools, and that such credits shall be transferable according to the general practice of public schools in Louisiana. 42. The State shall inform juveniles who have reached the age of sixteen of the opportunity to attain a General Educational Development certificate ("GED certificate"). The State shall offer preparation for testing and testing that leads to the attainment of a GED certificate. If a juvenile is released before completion of the testing, the State shall ensure that he or she is provided with appropriate information to complete the examination. J. Screening, Evaluation, Class Placement 43. Within 180 days of the execution of this Agreement, the State shall develop a system to request and secure juveniles’ prior educational records. To this end: a. The State shall develop and implement an automated
information management system to permit each facility to track requests for educational records; b. The State shall ensure that each facility has direct access to the current state-wide automated database for educational history; and c. The State shall either designate or hire sufficient number of trained persons to operate the system outlined in subsection (a).
Page 19 of 42

44. The State shall ensure that no later than the third business day after intake, the State shall request from the appropriate school district(s) all information about a juvenile that is relevant to the assessment of the juvenile's suitable educational instruction level and services to be provided to the juvenile, including previous general education records and special education records (including previous IEPs). The State shall make all reasonable efforts to obtain all available relevant educational information from the local school districts within ten business days of receipt of the request from a facility.
45. Within 14 days of intake, qualified staff shall conduct an Educational Placement Screening to determine each juvenile's suitable educational instruction level. This Educational Placement Screening shall include, but not be limited to: a. an evaluation of all available mental health records, educational records, testing results and other relevant information regarding the juvenile's educational history; and b. a personal interview with the juvenile by an experienced professional staff person with appropriate credentials in education, social work, psychology, or counseling, and specific training developed by the Director of Education. c. a screening for educational disabilities. The State
Page 20 of 42

shall develop an adequate interview protocol to screen for educational disabilities. The disabilities screening shall include, but not be limited to: 1. questions about whether the juvenile has been
previously identified by the public school system as having an educational disability; 2. previous educational history; 3. a sufficient review of medical records to determine whether certain disabilities are present or indicated, such as attention deficit hyperactivity disorder, hearing impairments, speech or language impairments, visual impairments, mental retardation, traumatic brain injuries, or serious emotional disturbances adversely affecting educational performance. This review shall be coordinated between the school pupil appraisal staff at each facility and each facility’s health care and qualified mental health professional staff. 46. Using the information obtained in Educational Placement Screening, the State shall develop an educational plan for each juvenile within 14 days after they have been transferred from Juvenile Reception and Diagnostic Center to the general population of JCCY or to another secure juvenile facility. The educational plan shall include meaningful and specific educational and vocational goals as well as any
Page 21 of 42

special instructional concerns that have been identified. Educational plans shall be kept in the general files of the school in each facility and each teacher shall be given a copy of the plans for the juveniles he or she instructs. The educational plans shall be reviewed and revised, if appropriate, when the juvenile’s records are reviewed for the purpose of issuing report cards, but no less than three times per year. Report cards shall be issued quarterly to each juvenile and his or her parents. 47. When a juvenile reasonably requests to have his or her class placement re-evaluated or any staff member requests that a juvenile’s class placement be re-evaluated, such reevaluation shall be conducted in a timely manner. K. Special Education 48. Within 45 days of the execution of this Agreement, the State shall adequately screen and identify juveniles who are suspected to be in need of special education services. Absent documented exceptional circumstances, evaluations shall be conducted within 60 days of such identification. Screening and referral to evaluation shall be expedited for any student suspected of a severe impairment or who has been determined by facility personnel to be a danger to himself or others. Screening activities, such as educational, sensory and motor screenings, should be completed as a part of the evaluation for these students. The State shall provide adequate special education services to all juveniles
Page 22 of 42

eligible for such services. 49. If a juvenile has a previous IEP, appropriate educational
personnel shall implement the juvenile's IEP within 7 days of intake. The State shall convene an IEP meeting to review the adequacy of the plan for each student newly admitted to the Department. Modification of an IEP from a previous school shall only be made when the IEP team finds and documents that the unique needs of a student warrant a change. Any changes in the number of hours of services from previous IEPs shall be tied directly to the needs of each particular juvenile and shall not be reduced based on administrative convenience or lack of sufficient resources in the facility. Any reduction in the amount of special education services shall be reported to the educational authority established in ¶ 8. 50. If a juvenile has not been previously identified as having an educational disability, but there is another indication that the juvenile may be eligible for special education services by the screening described in ¶ 45 or parental, self, or staff referral, an adequate evaluation must be performed within the time limits prescribed by the IDEA. 51. The State shall conduct IEP meetings consistent with the time lines in the IDEA and the regulations promulgated thereunder and shall implement the IEP within 10 days of its completion. 52. The State shall integrate the IEP with the educational plan
Page 23 of 42

developed for each juvenile pursuant to ¶ 46.

53. The State shall ensure that appropriate facility and school

staff are involved in the development of IEPs and provision

of special education services to juveniles and that

counseling services offered to juveniles are appropriately

coordinated between the institutional staff and the school

in each facility.

54. The State shall develop a system to promote parent,

guardian, and surrogate involvement in IEP development and

placement meetings. The State shall attempt and shall

document efforts to involve parents and guardians directly

or via telephone conference in planning and implementing

their children's education programs or IEPs. The State

shall post in visiting, reception, and admitting areas

notices in each facility stating the rights of students,

parents, or guardians regarding education services,

including special education services. The State shall

establish and implement a surrogate parent program

(including a training program for parent surrogates). The

State shall appoint a surrogate parent when (a) no parent is

known; (b) after reasonable efforts, the State cannot locate

the child's parents; (c) the parents do not respond to the

school’s efforts to contact them or otherwise refuse to

participate in the IEP process; or (d) the juvenile is a

ward of the State.

55.

If a juvenile is discharged from any of the facilities

Page 24 of 42

before the educational evaluation is complete, the State

shall forward to the juvenile’s receiving school district

all information regarding screening and evaluations

completed to date, noting what evaluations are yet to be

performed.

L. Vocational Education

56.

The State shall develop and fully utilize a program of

vocational and pre-vocational education in all of the

facilities and shall provide juveniles with an opportunity

to participate in vocational and/or pre-vocational

education appropriate to their age and abilities, except

at BCCY, which shall be permitted to provide solely pre-

vocational education to all students so long as 85% of

juveniles at Bridge City are either in a short term

program or are under the age of 16.

57.

Juveniles shall not be excluded from vocational education

based solely on their level of academic achievement or

disability. The vocational education program to be

developed by the State shall include the employment of at

least the following number of vocational education

teachers within the 18 months of the Agreement:

a. A total of at least 5 FTE vocational education teachers

at TCCY;

b. A total of at least 6 FTE vocational education teachers

at SCCY;

c. A total of at least 6 FTE vocational education teachers

Page 25 of 42

at JCCY; and

d. A total of at least 4 FTE vocational education teachers

at JJJC.

e. Two additional vocational education teachers, to be

placed at a facility or facilities designated by

the Director of Education.

58.

The State shall ensure that students with disabilities are

eligible to participate in vocational education services

to the same extent as non-disabled juveniles. Such

students shall receive necessary reasonable accommodations

to facilitate such participation.

59.

The State shall ensure that all vocational courses

provided in the facilities meet the State curriculum

standards applicable to the specific courses and that they

employ safety procedures associated with certified

vocational education programs. The State shall ensure

that all work performed by juveniles in the vocational

classes is specifically required by the State’s course

curriculum and is performed in the sequence set forth in

the State curriculum for the specific course. The State

shall ensure that its selection of vocational courses in

each facility is related to employment opportunities

available in the State.

60.

The State shall ensure that juveniles who complete a

vocational program or some portion of a vocational program

that qualifies them to take certificate/license exams

Page 26 of 42

shall have the opportunity to take the exams.

M. Miscellaneous Provisions

61.

The State shall assist juveniles released from the

facilities in transferring to other schools, as

applicable, and shall provide all juveniles with adequate

information regarding the procedures to be followed in

order to attend other schools. The State shall provide

upon request a juvenile's school records to any subsequent

school that the juvenile attends.

62.

The State shall develop and implement a system that

records accurately and completely the performance and

achievement of each student and that ensures students'

rights to privacy and confidentiality in accordance with

State and federal law. These records shall be accessible

to appropriate staff, students, and students' parents,

guardians, or surrogates, the Monitor, and Plaintiff’s

counsel.

63.

The State shall ensure that female juveniles receive

equivalent academic and vocational educational services as

male juveniles.

64.

Within three months of the approval of the State’s

Educational Implementation Plan by the Plaintiffs or the

Court, the State shall ensure that every juvenile residing

in the facility at the time of the approval of the

Educational Implementation Plan is re-screened (but not

necessarily retested) for educational services and

Page 27 of 42

provided with appropriate educational services consistent

with the terms of this Agreement and the Educational

Implementation Plan.

65.

The State shall develop and implement adequate quality

assurance mechanisms to monitor the implementation of the

provisions of this Agreement.

N. Implementation Plan

66.

The State shall develop an Education Implementation Plan

that shall set forth, in detail, the steps to be taken to

implement the requirements of this Agreement. The

Education Implementation Plan shall include, among other

things, specific sections setting forth:

a. The plan for deployment of teaching staff within each

facility to satisfy the class sizes and teacher

student ratios and other staffing requirements in

¶¶ 11-12, 15; to satisfy the non-teacher special

education staffing requirements in ¶¶ 23-26; and

the vocational education staff requirements set

forth in ¶ 57 and procedures to track and document

fluctuations in populations or other changes that

would require an adjustment in the number and type

of staff. This section shall set forth a time

line for the funding, and a plan for recruitment

and filling of the required positions. This

section shall contain procedures for identifying

additional educational staffing required pursuant

Page 28 of 42

to fluctuations in populations or fluctuations in the identified needs of juveniles and procedures for addressing any deficiencies; b. All necessary construction or alteration of school facilities to ensure compliance with ¶ 12 (class size limits), ¶¶ 33-38 (instructional space, materials, equipment), and ¶¶ 56-60 (vocational education); c. Steps to be taken to increase the percentage of fully certified teachers in compliance with ¶ 18; d. Policies setting forth teacher training requirements and training materials to be used to provide such training pursuant to ¶¶ 19-20; e. The curricula required by ¶ 39; f. A description of steps to be taken to ensure
compliance with ¶ 40, including related training materials and/or programs to be utilized; g. Procedures, policies and training materials regarding educational screening, evaluation and class placement pursuant to ¶¶ 43-47; h. Procedures, policies and training materials regarding special education screening, evaluation and IEP development, pursuant to ¶¶ 48-55; i. Procedures, policies and training materials for the system to promote parent, guardian and surrogate
Page 29 of 42

involvement in the IEP process, pursuant to ¶ 54; j. A plan for the provision of vocational and pre-
vocational education services at each facility, pursuant to ¶¶ 56-60. This plan shall include: 1. A description of the various types of pre-
vocational and vocational programs to be implemented; 2. Criteria for determining which juveniles will be eligible for each of the various types of programs. The criteria shall not exclude juveniles from vocational education based on academic achievement (including reading ability), disability, or custody level (except for juveniles in short-term special management units, such as the STAGES or JUMP program at TCCY), or juveniles 16 years-old or older based on age. The criteria may exclude from vocational education juveniles younger than 16, in short-term programs or in the intake diagnostic unit. Juveniles younger than 16 or in short term programs shall, however, be given pre-vocational educational in lieu of vocational education.
Placement of eligible juveniles into particular vocational classes shall be based primarily on the educational needs of the
Page 30 of 42

juvenile, but may take into account other legitimate security considerations specific to the individual juvenile; and 3. Specific steps to be taken to recruit for and fill the positions created under the plan. 4. Juveniles adjudicated to the Short Term Offender Program or the Louisiana Intensive Training Program shall not be excluded from Vocational Education opportunities if they are removed from those programs upon judicial recommendation, administrative action by the State, or failure of the juvenile to complete the program within the maximum allowable time established for the program.

k. Procedures and policies for the implementation of ¶ 61;

and

l. Procedures and policies for the implementation of an

educational quality assurance system, pursuant to

¶ 65.

67.

In developing the Education Implementation Plan, the State

shall consult with its own education expert (who shall be

retained from outside the Louisiana Department of

Education and the Louisiana Department of Public Safety &

Corrections) and with Dr. Sheri Meisel. If Dr. Meisel is

unavailable, she shall be replaced with another education

Page 31 of 42

III. 68. 69.
70.

expert acceptable to the Plaintiffs. This consultation shall include, at minimum, providing the experts with a draft of the final Education Implementation Plan for written comments prior to submission of the Plan to the Plaintiffs. ENFORCEMENT AND MONITORING A. Procedures for Conditional Dismissal Upon execution of this Agreement, the parties shall jointly move the Court to stay further proceedings in United States v. Louisiana, Brian B. v. Stalder, Williams v. McKeithen, and all related In re: actions, relating to the provision of educational services. The State shall prepare the Educational Implementation Plan and serve it upon the Plaintiffs within five months of the execution of this Agreement. At the same time, the State shall provide the Plaintiffs with documentation that it has substantially complied with the specific terms of the Agreement set forth in ¶ 74(a) below that require compliance within five months of the execution of this Agreement. Within 30 days of receipt of the Plan, Plaintiffs shall respond in writing, identifying any objections to the adequacy of the Plan. If the Plaintiffs respond with any objections to the adequacy of the Plan, the parties shall confer and attempt in good faith to resolve any differences.

Page 32 of 42

71.

Upon execution of this Agreement, the parties shall

jointly move the Court to schedule a hearing to be held

seven months from the date of execution of this Agreement.

Two weeks prior to that date, the parties shall inform

the Court of any outstanding disagreements over the

content of the Education Implementation Plan.

72.

At the hearing, if the Plaintiffs have no outstanding

objections to the Plan, the Court shall conditionally

dismiss those portions of United States v. Louisiana,

Brian B. v. Stalder, Williams v. McKeithen, and all

related In re: actions, relating to provision of

educational services, contingent upon the State’s

substantial compliance with each of the terms of this

Agreement and implementation of the Education

Implementation Plan (hereinafter “order of conditional

dismissal”).

73.

If, at the hearing, the Plaintiffs continue to object to

portions of the Education Implementation Plan, the Court

shall decide whether to enter an order of conditional

dismissal over the Plaintiffs’ objections or to withdraw

its stay of the litigation relating to the provision of

educational services.

74.

Upon conclusion of the hearing, the Court shall enter an

order of conditional dismissal only if it finds, by a

preponderance of the evidence, that

a. the State has substantially complied with the following

Page 33 of 42

provisions of this Agreement:

1. ¶ 8 (hiring of State Director of Education);

2. ¶ 9 (designation of school education

coordinators);

3. ¶ 15 (hiring of teacher aides);

4. ¶¶ 13-14 (hiring of special education

teachers);

5. ¶ 25 (hiring of full-time IEP

facilitator/transition coordinators);

6. ¶ 24 (interim numbers and deadlines for

hiring of school psychologists, pupil

appraisal and related service providers);

7. ¶ 16 (creation and implementation of

substitute teacher pool);

8. ¶ 27 (length of school day);

9. ¶ 37 (provision of library materials);

10. ¶ 38 (non-functional equipment); and

b. the State’s proposed Education

Implementation Plan substantially complies with

each applicable term of this Agreement.

75.

The Plaintiffs shall bear the burden of proving that one

or more of the requirements in ¶ 74(a)-(b) have not been

met. If the Plaintiffs demonstrate that one or more the

requirements in ¶ 74(a) or ¶ 74(b) has not been met, then

the Court shall, at the request of the Plaintiffs,

withdraw the stay of litigation and set the case for

Page 34 of 42

trial.

B. Modification of the Education Implementation Plan

76.

The Education Implementation Plan may be modified at any

time after the Court has entered a conditional dismissal,

under the conditions set forth in this section in ¶¶ 77-78

below.

77.

The Education Implementation Plan shall not be modified

unless the modification is agreed to by the parties or

ordered by the Court. If the State desires to modify the

Education Implementation Plan, it shall notify the

Plaintiffs of this intent and the proposed amendment. If

the State has good cause to seek an expedited modification

of the Plan due to an emergency, then it shall so notify

the Plaintiffs and identify the reason expedited

modification is needed. The Plaintiffs shall review the

proposed modification and make their objections, if any,

within 6 business days of receipt of the proposed

modification. In all non-emergent cases, Plaintiffs shall

make any objection within 30 days from receipt of the

proposed modification.

78.

If the Plaintiffs do not object to the proposed

modification within the time limits set forth in ¶ 77, the

Plan shall be so modified. If the Plaintiffs object to

the proposed revision, the parties shall conduct good-

faith discussions to resolve the dispute. If the parties

are unable to reach an agreement within a reasonable time,

Page 35 of 42

the State may file a motion with the Court to modify the

Education Implementation Plan.

C. Non-Compliance with Terms of the Conditional Dismissal

79.

If the Plaintiffs believe that the State has failed to

substantially comply with one or more terms of this

Agreement or the Education Implementation Plan, they shall

so notify the State in writing. The parties shall conduct

good-faith discussions to resolve the dispute and may

agree in writing to adopt a plan of correction or

otherwise modify the Education Implementation Plan or this

Agreement. If the parties are unable to reach agreement

within 30 days of the Plaintiffs’ informing the State of

their allegations of non-compliance, the Plaintiffs may

file a motion with the Court to revoke the conditional

dismissal.

D. Final Dismissal

80.

Once the State has determined that it is in substantial

compliance with this Agreement, the State shall advise the

Plaintiffs in writing. The Plaintiffs and their experts

shall then have reasonable access to conduct compliance

tours consisting of tours of each of the secure juvenile

facilities within 2 months of the notification.

Plaintiffs shall endeavor to have only one expert

participate in the compliance tours at all of the

facilities. In no event shall more than one expert for

the plaintiffs participate in a compliance tour at any

Page 36 of 42

facility. No later than one month after the completion of

the tours, the Plaintiffs shall notify the State of any

alleged deficiencies in compliance with this Agreement or

the Education Implementation Plan and shall set forth in

reasonable detail remedial measures to remedy each

deficiency.

81.

If the parties are unable to reach an agreement regarding

the status of compliance within one month of the State’s

receipt the Plaintiffs’ notice regarding the status of

compliance, the State may file a motion for final

dismissal with the Court. If the Plaintiffs do not object

within 30 days of service of the motion, the Court may

grant the State’s motion. If the Plaintiffs do make an

objection, the Court shall hold a hearing on the motion.

Upon such hearing, the Court shall enter an order of final

dismissal with prejudice with respect to portions of

United States v. Louisiana, Brian B. v. Stalder, Williams

v. McKeithen, and all related In re: actions, relating to

the provision of educational services, unless the

Plaintiffs demonstrate by a preponderance of the evidence

that the State is not in substantial compliance with the

terms of this Agreement or the Education Implementation

Plan.

82.

Nothing in this section shall preclude the parties from

jointly stipulating to the termination of portions of this

Agreement at any time.

Page 37 of 42

E. Monitoring

83.

Compliance with the terms of this Agreement and the

Education Implementation Plan shall be monitored by the

Court expert in Williams v. McKeithen.

84.

The Court expert in Williams v. McKeithen, may initiate

and receive ex parte reports and comments from an expert

selected and paid for by the Plaintiffs, and an expert

selected and paid for by the State.

85.

The State shall bear all the costs incurred by the court

expert, including, but not limited to, fees and expenses

(e.g. for site visits, administrative cost, and report

writing, and telephone calls made for consultation).

86.

The court expert shall be permitted to initiate and

receive ex parte communications from all parties and their

agents.

87.

In order to monitor compliance with this Agreement, the

court expert shall have reasonable access to all

facilities, residents, staff and documents. The court

expert shall have the right to conduct confidential

interviews with staff and residents. The State will not

interfere with the court expert’s access to parents and

care givers of residents or to former residents of the

facilities. At the request of the court expert, any

expert designated pursuant to ¶ 84 may accompany and

assist the court expert during tour of facilities,

inspection of documents and interviews with staff or

Page 38 of 42

residents.

88.

In order to monitor compliance with this Agreement, the

Plaintiffs and their expert(s) may conduct tours of the

secure facilities once each year during the life of this

Agreement at times mutually agreed by the parties.

89.

Until the termination of this Agreement, the State shall,

at their own expense, report to the court expert and to

the Plaintiffs, the following information for each

facility on a quarterly basis:

a. The number of juveniles housed at the facility on the

first day of each month;

b. The number of juveniles enrolled in school at the

facility on the first day of each month;

c. The number of juveniles enrolled in GED preparation

courses, Basic Skills I, Basic Skills II, pre-

vocational courses, vocational courses, and

Carnegie unit courses;

d. The number of juveniles enrolled in special education;

e. The number of juveniles in each month who were:

1. referred to the Student Building Level

Committee;

2. referred to the Pupil Appraisal Team for

special education evaluation;

3. the subject of an Individual Education

Program meeting;

f. The number and percentage of IEP meetings in each month

Page 39 of 42

at which a parent participated in person or by telephone; g. The number of percentage of IEP meetings in each month in which a parent surrogate participated; h. A list of every juvenile admitted to the institution within the prior three months who had been referred to Special School District Number One by the intake unit at Jetson Correctional Center for Youth and the date, type and result of any further assessment evaluation undertaken of that youth by the facility school; i. For each IEP meeting in each month:
1. The number of minutes per week of special education services, and the type and amount of any related services, set forth in the new IEP;
2. The number of minutes per week of special education services, and the type and amount of any related services, set forth in the most recent IEP prior to the one developed at that meeting, if available;
3. The number of minutes per week of special education services, and the type and amount of any related services, set forth in the most recent IEP developed in a public or
Page 40 of 42

private school for the student (excluding

schools in juvenile detention facility or

DPSC facilities), if available;

j. The name, certification type and area (e.g., Circular

665, Elementary Education), and the subject areas

of the class(es) taught, of each teacher employed

at the facility during each month;

k. The name, qualifications and job description of all

other employees working as teacher aides, related

services providers, transition services providers,

schools psychologists or social workers, or other

staff providing educational services directly to

students; and

l. A narrative description of the status of any planned

physical plant modification or expansion at the

facility’s school.

90.

During the Plaintiffs’ tours, the Plaintiffs and their

expert(s) shall have reasonable access to all facilities,

staff and documents, including the right to conduct

interviews with staff and contractors of the facilities

and confidential interviews with residents. Nothing in

this Agreement shall affect the ability of the Plaintiffs

to conduct confidential interviews with current and former

residents, parents of current and former residents, or

former facility staff.

91.

The State shall make reasonable efforts to promptly

Page 41 of 42

provide any document related to compliance with this

Agreement reasonably requested by the court expert or the

Plaintiffs’ counsel, but in any event shall provide such

documents within 10 business days of the request. This

shall include documents in the possession of any private

corporation owning, operating, or managing facilities for

the State. This shall not include, however, documents or

portions of documents that are subject to attorney-client

or work product privilege.

92.

In producing documents pursuant to ¶ 91 to the Plaintiffs,

the State shall bear the cost of providing up to 1,000

pages of copies of documents to the Plaintiffs

collectively per year. Any documents requested beyond

this amount shall, at the option of the State, be made

available for inspection and copying by the party, or

shall be copied by the State at a cost of 5 cents per page

to be paid by the requesting party.

Page 42 of 42

 
 Case 3:98-cv-00947-FJP Document 107 Filed 03/01/1999 Page 1 of 19

IN THE UNITED STATES DISTRICT COURT ~.,!~.~. P~FSI.L~E_D9QURT FOR THE MIDDLE DISTRICT OF LOUISIANA" -. I .. -. :: ~,i. Uf LA.

) IN RE: TALLULAH CORRECTIONAL CENTER )

99 MAR -! AM 9: 4 ,
SIGN .~O - ...
Rl~~
Civil No. CH 97-06~r

FOR YOUTH

)

)

)

BRIAN B., et al.

)

)

Plaintiffs,

)

Civil No.

)

v.

)

98-886-B-MI

)

RICHARD STALDER, et al.

)

)

Defendants.

)

)

ANSWER TO COMPLAINT

NOW INTO COURT, through undersigned counsel, come Defendants, The City of Tallulah and

Theodore Lindsay, in his official capacity as the Mayor of the City of Tallulah, who, in Answer to the

Complaint filed by Plaintiffs, Barry A., Brian B., Christopher C., Jason E., Jacob F., Jordan G., Jimmy H.,

Larry J., and Vince M., by and through their Guardian Ad Litem, Shannon Robshaw; Preston K., Stephen

L., and Walter N., on behalf of themselves and others similarly situated, deny each and every allegation

contained herein unless expressly admitted herein below, and who, in further answer, respectfully responds

as follows:

INTRODUCTION

I. The allegations contained in Paragraph I of Plaintiffs' Complaint are denied for lack of

sufficient information to justify a belief therein.

II. The allegations contained in Paragraph 2 of Plaintiffs' Complaint are denied.

III. The allegations contained in Paragraph 3 of Plaintiffs' Complaint are denied for lack of

sufficient information to justify a belieft1-
1 II II II III

3:98-cv-00947 107 - 1

G DATE; 03/01/33

DE?\.JTY CLERK; hj

Case 3:98-cv-00947-FJP Document 107 Filed 03/01/1999 Page 2 of 19

1. JURISDICTION IV. The allegations contained in Paragraph 4 of Plaintiffs' Complaint are denied for lack of

sufficient information to justify a belief therein.

V. The allegations contained in Paragraph 5 of Plaintiffs' Complaint are denied for lack of

sufficient information to justify a belief therein. VI. The allegations contained in Paragraph 6 of Plaintiffs' Complaint are denied for lack of

sufficient information to justify a belief therein.

2. VENUE VII. The allegations contained in Paragraph 7 of Plaintiffs' Complaint are denied for lack of

sufficient information to justify a belief therein.

PLAINTIFFS

3. PARTIES

VIII. The allegations contained in Paragraph 8 of Plaintiffs' Complaint are denied for lack of

sufficient information to justify a belief therein. IX. The allegations contained in Paragraph 9 of Plaintiffs' Complaint are denied for lack of

sufficient information to justify a belief therein.

X. The allegations contained in Paragraph 10 of Plaintiffs' Complaint are denied for lack of

sufficient information to justify a belief therein.

XI. The allegations contained in Paragraph 11 of Plaintiffs' Complaint are denied for lack of sufficient information to justify a belief therein.

XII. The allegations contained in Paragraph 12 of Plaintiffs' Complaint are denied for lack of sufficient information to justify a belief therein.

XIII. The allegations contained in Paragraph 13 of Plaintiffs' Complaint are denied for lack of sufficient information to justify a belief therein.

XIV. The allegations contained in Paragraph 14 of Plaintiffs' Complaint are denied for lack of

2

Case 3:98-cv-00947-FJP Document 107 Filed 03/01/1999 Page 3 of 19
sufficient information to justify a belieftherein. XV. The allegations contained in Paragraph 15 of Plaintiffs' Complaint are denied for lack of
sufficient information to justify a belief therein. XVI. The allegations contained in Paragraph 16 of Plaintiffs' Complaint are denied for lack of
sufficient information to justify a belieftherein. XVII. The allegations contained in Paragraph 17 of Plaintiffs' Complaint are denied for lack of
sufficient information to justify a belief therein. XVIII. The allegations contained in Paragraph 18 of Plaintiffs' Complaint are denied for lack of
sufficient information to justify a belief therein. XIX. The allegations contained in Paragraph 19 of Plaintiffs' Complaint are denied for lack of
sufficient information to justify a belief therein. DEFENDANTS
XX. The allegations contained in Paragraph 20 of Plaintiffs' Complaint are denied for lack of sufficient information to justify a belief therein.
XXI. The allegations contained in Paragraph 21 of Plaintiffs' Complaint are denied for lack of sufficient information to justify a belieftherein.
XXII. The ,allegations contained in Paragraph 22 of Plaintiffs' Complaint are denied for lack of sufficient information to justify a belieftherein.
XXIII. The allegations contained in Paragraph 23 of Plaintiffs' Complaint are denied for lack of sufficient information to justify a belief therein.
XXIV. The allegations contained in Paragraph 24 of Plaintiffs' Complaint are denied for lack of sufficient information to justify a belief therein.
XXV. The allegations contained in Paragraph 25 of Plaintiffs' Complaint are denied for lack of sufficient information to justify a belief therein.
XXVI. The allegations contained in Paragraph 26 of Plaintiffs' Complaint are denied for lack of 3

Case 3:98-cv-00947-FJP Document 107 Filed 03/01/1999 Page 4 of 19

sufficient information to justify a belief therein.

XXVII.

The allegations contained in Paragraph 27 of Plaintiffs' Complaint are denied as

XXVill.

written. The allegations contained in Paragraph 28 of Plaintiffs' Complaint are denied as

written. XXIX. The allegations contained in Paragraph 29 of Plaintiffs' Complaint are denied for lack of

sufficient information to justify a belief therein.
xxx. The allegations contained in Paragraph 30 of Plaintiffs' Complaint are denied for lack of
sufficient information to justify a belief therein.

XXXI. The allegations contained in Paragraph 31 of Plaintiffs' Complaint are denied for lack of

sufficient information to justify a belief therein.

XXXII.

The allegations contained in Paragraph 32 of Plaintiffs' Complaint are denied for

lack of sufficient information to justify a belief therein.

XXXIII. . The allegations contained in Paragraph 33 of Plaintiffs' Complaint are denied for

lack of sufficient information to justify a belieftherein.

XXXIV.

The allegations contained in Paragraph 34 of Plaintiffs' Complaint are denied for

xxxv.

lack of sufficient information to justify a belief therein. The allegations contained in Paragraph 35 of Plaintiffs' Complaint are denied for

lack of sufficient information to justify a belief therein.

XXXVI.

The allegations contained in Paragraph 36 of Plaintiffs' Complaint are denied for

XXXVII. XXXVill.

lack of sufficient information to justify a belieftherein. The allegations contained in Paragraph 37 of Plaintiffs' Complaint are denied for lack of sufficient information to justify a belief therein. The allegations contained in Paragraph 38 of Plaintiffs' Complaint are denied for lack of sufficient information to justify a belief therein.

4

Case 3:98-cv-00947-FJP Document 107 Filed 03/01/1999 Page 5 of 19

XXXIX.

The allegations contained in Paragraph 39 of Plaintiffs' Complaint are denied for

lack of sufficient information to justify a belief therein.

XL. The allegations contained in Paragraph 40 of Plaintiffs' Complaint are denied for lack of

sufficient information to justify a belief therein.

XLI. The allegations contained in Paragraph 41 of Plaintiffs' Complaint are denied for lack of

sufficient information to justify a belieftherein.

XLII. The allegations contained in Paragraph 42 of Plaintiffs' Complaint are denied for lack of sufficient information to justify a belief therein.

XLIII. The allegations contained in Paragraph 43 of Plaintiffs' Complaint are denied for lack of

sufficient information to justify a belief therein. XLIV. The allegations contained in Paragraph 44 of Plaintiffs' Complaint are denied for lack of
sufficient information to justify a belief therein. XLV. The allegations contained in Paragraph 45 of Plaintiffs' Complaint are denied for lack of

sufficient information to justify a belief therein. XLVI. The allegations contained in Paragraph 46 of Plaintiffs' Complaint are denied for lack of

sufficient information to justify a belief therein.

XLVII.

The allegations contained in Paragraph 47 of Plaintiffs' Complaint are denied for

lack of sufficient information to justify a belief therein.

XLVIII.

The allegations contained in Paragraph 48 of Plaintiffs' Complaint are denied for

lack of sufficient information to justify a belief therein.

4. CLASS ACTION ALLEGATIONS XLIX. The allegations contained in Paragraph 49 of Plaintiffs' Complaint are denied for lack of
sufficient information to justify a belief therein.

L. The allegations contained in Paragraph 50 of Plaintiffs' Complaint are denied for lack of

sufficient information to justify a belief therein.

5

Case 3:98-cv-00947-FJP Document 107 Filed 03/01/1999 Page 6 of 19
LI. The allegations contained in Paragraph 51 of Plaintiffs' Complaint are denied for lack of sufficient information to justify a belief therein.
LIT. The allegations contained in Paragraph 52 of Plaintiffs' Complaint are denied for lack of sufficient information to justify a belief therein.
LITI. The allegations contained in Paragraph 53 of Plaintiffs' Complaint are denied for lack of sufficient information to justify a belief therein.
LN. The allegations contained in Paragraph 54 of Plaintiffs' Complaint are denied. 5. GENERAL ALLEGATIONS REGARDING TCCY
Physical Plant and Employees LV. The allegations contained in Paragraph 55 of Plaintiffs' Complaint are denied for lack of sufficient information to justify a belief therein. LVI. The allegations contained in Paragraph 56 of Plaintiffs' Complaint are denied for lack of sufficient information to justify a belief therein. LVII. The allegations contained in Paragraph 57 of Plaintiffs' Complaint are denied for lack of sufficient information to justify a belief therein. LVITI. The allegations contained in Paragraph 58 of Plaintiffs' Complaint are denied for lack of sufficient information to justify a belief therein.
TCCY's Population LIX. The allegations contained in Paragraph 59 of Plaintiffs' Complaint are denied for lack of sufficient information to justify a belief therein. LX. The allegations contained in Paragraph 60 of Plaintiffs' Complaint are denied for lack of sufficient information to justify a belief therein. LXI. The allegations contained in Paragraph 61 of Plaintiffs' Complaint are denied for lack of sufficient information to justify a belief therein.
6

Case 3:98-cv-00947-FJP Document 107 Filed 03/01/1999 Page 7 of 19

LXII. The allegations contained in Paragraph 62 of Plaintiffs' Complaint are denied for lack of

sufficient information to justify a belief therein.

LXIII. The allegations contained in Paragraph 63 of Plaintiffs' Complaint are denied for lack of

sufficient information to justify a belief therein.

LXN. The allegations contained in Paragraph 64 of Plaintiffs' Complaint are denied for lack of

sufficient information to justify a belief therein.

LXV. The allegations contained in Paragraph 65 of Plaintiffs' Complaint are denied for lack of

sufficient information to justify a belief therein.

INADEQUATE STAFFING LEVELS AND INADEQUATE TRAI8NING AND SUPERVISION OF STAFF

LXVI. The allegations contained in Paragraph 66 of Plaintiffs' Complaint are denied for lack of

sufficient information to justify a belief therein.

LXVII.

The allegations contained in Paragraph 67 of Plaintiffs' Complaint are denied for

lack of sufficient information to justify a belief therein.

LXVIII.

The allegations contained in Paragraph 68 of Plaintiffs' Complaint are denied for

lack of sufficient information to justify a belief therein.

Malicious and Sadistic Use of Force by Staff

LXIX. The allegations contained in Paragraph 69 of Plaintiffs' Complaint are denied for lack of

sufficient information to justify a belief therein.

LXX. The allegations contained in Paragraph 70 of Plaintiffs' Complaint are denied for lack of

sufficient information to justify a belief therein.

LXXI. The allegations contained in Paragraph 71 of Plaintiffs' Complaint are denied for lack of

sufficient information to justify a belief therein.

LXXII.

The allegations contained in Paragraph 72 of Plaintiffs' Complaint are denied for

lack of sufficient information to justify a belief therein.

7

Case 3:98-cv-00947-FJP Document 107 Filed 03/01/1999 Page 8 of 19

LXXIII.

The allegations contained in Paragraph 73 of Plaintiffs' Complaint are denied for

lack of sufficient infonnation to justify a belief therein.

LXXIV.

The allegations contained in Paragraph 74 of Plaintiffs' Complaint are denied for

lack of sufficient infonnation to justify a belief therein.

LXXV.

The allegations contained in Paragraph 75 of Plaintiffs' Complaint are denied for

lack of sufficient infonnation to justify a belief therein.

LXXVI.

The allegations contained in Paragraph 76 of Plaintiffs' Complaint are denied for

lack of sufficient infonnation to justify a belieftherein.

Excessive Use of Force

LXXVll. The allegations contained in Paragraph 77 of Plaintiffs' Complaint are denied for

lack of sufficient infonnation to justify a belief therein.

LXXVIll. The allegations contained in Paragraph 78 of Plaintiffs' Complaint are denied for

lack of sufficient infonnation to justify a belieftherein.

LXXIX.

The allegations contained in Paragraph 79 of Plaintiffs' Complaint are denied for

lack of sufficient infonnation to justify a belief therein.

LXXX.

The allegations contained in Paragraph 80 of Plaintiffs' Complaint are denied for

lack of sufficient infonnation to justify a belief therein.

Failure to Protect Against Youth-on-Youth Violence

LXXXI.

The allegations contained in Paragraph 81 of Plaintiffs' Complaint are denied for

lack of sufficient infonnation to justify a belieftherein.

LXXXII. The allegations contained in Paragraph 82 of Plaintiffs' Complaint are denied for

lack of sufficient infonnation to justify a belief therein.

LXXXIII. The allegations contained in Paragraph 83 of Plaintiffs' Complaint are denied for

lack of sufficient infonnation to justify a belief therein.

8

Case 3:98-cv-00947-FJP Document 107 Filed 03/01/1999 Page 9 of 19

Contraband LXXXIV.

The allegations contained in Paragraph 84 of Plaintiffs' Complaint are denied for lack of sufficient information to justify a belief therein.

Sexual Abuse LXXXV.

The allegations contained in Paragraph 85 of Plaintiffs' Complaint are denied for

lack of sufficient information to justify a belief therein. Inadequate Investigation & Reporting

LXXXVI.

The allegations contained in Paragraph 86, including subparts a through c, of Plaintiffs' Complaint are denied for lack of sufficient information to justify a belief

therein. LXXXVII. The allegations contained in Paragraph 87, including subparts a through c, of
Plaintiffs' Complaint are denied for lack of sufficient information to justify a belief

therein. LXXXVIII. The allegations contained in Paragraph 88 of Plaintiffs' Complaint are denied for

lack of sufficient information to justify a belief therein. ARBITRARY DISCIPLINARY PROCEDURES AND IMPROPER USE OF ISOLATION

Arbitrary Disciplinary Procedures

LXXXIX. The allegations contained in Paragraph 89 of Plaintiffs' Complaint are denied for lack of sufficient information to justify a belief therein.
XC. The allegations contained in Paragraph 90 of Plaintiffs' Complaint are denied for lack of

sufficient information to justify a belief therein. XCI. The allegations contained in Paragraph 91 of Plaintiffs' Complaint are denied for lack of

sufficient infonnation to justify a belief therein. XCII. The allegations contained in Paragraph 92 of Plaintiffs' Complaint are denied for lack of
sufficient infonnation to justify a belief therein.

9

Case 3:98-cv-00947-FJP Document 107 Filed 03/01/1999 Page 10 of 19

xcrn. The allegations contained in Paragraph 93 of Plaintiffs' Complaint are denied for lack of

sufficient information to justify a belief therein.

XCIV. The allegations contained in Paragraph 94 of Plaintiffs' Complaint are denied for lack of

sufficient information to justify a belief therein.

Improper Use of Isolation

XCV. The allegations contained in Paragraph 95 of Plaintiffs' Complaint are denied for lack of

sufficient information to justify a belief therein.

XCVI. The allegations contained in Paragraph 96, including subparts a through f, of Plaintiffs'

Complaint are denied for lack of sufficient information to justify a belief therein.

XCVII.

The allegations contained in Paragraph 97 of Plaintiffs' Complaint are denied for

lack of sufficient information to justify a belief therein.

XCVIII.

The allegations contained in Paragraph 98 of Plaintiffs' Complaint are denied for

lack of sufficient information to justify a belieftherein.

XCIX. The allegations contained in Paragraph 99 of Plaintiffs' Complaint are denied for lack of

sufficient information to justify a belief therein.

C. The allegations contained in Paragraph 100 of Plaintiffs' Complaint are denied for lack of

sufficient information to justify a belief therein.

FAILURE TO PROVIDE MENTAL HEALTH CARE

CI. The allegations contained in Paragraph 101 of Plaintiffs' Complaint are denied for lack of

sufficient information to justify a belief therein.

CII. The allegations contained in Paragraph 102 of Plaintiffs' Complaint are denied for lack of

sufficient information to justify a belief therein.

CIII. The allegations contained in Paragraph 103 of Plaintiffs' Complaint are denied for lack of

sufficient information to justify a belief therein.

10

Case 3:98-cv-00947-FJP Document 107 Filed 03/01/1999 Page 11 of 19
CIV. The allegations contained in Paragraph 104 of Plaintiffs' Complaint are denied for lack of sufficient information to justify a belief therein.
CV. The allegations contained in Paragraph 105 of Plaintiffs' Complaint are denied for lack of sufficient information to justify a belief therein.
CVI. The allegations contained in Paragraph 106 of Plaintiffs' Complaint are denied for lack of sufficient information to justify a belief therein.
CVII. The allegations contained in Paragraph 107 of Plaintiffs' Complaint are denied for lack of sufficient information to justify a belief therein.
CVIlI. The allegations contained in Paragraph 108 of Plaintiffs' Complaint are denied for lack of sufficient information to justify a belief therein.
CIX. The allegations contained in Paragraph 109 of Plaintiffs' Complaint are denied for lack of sufficient information to justify a belief therein.
CX. The allegations contained in Paragraph 11Q of Plaintiffs' Complaint are denied for lack of sufficient information to justify a belief therein.
CX!. The allegations contained in Paragraph III of Plaintiffs' Complaint are denied for lack of sufficient information to justify a belief therein.
CXIl. The allegations contained in Paragraph 112 of Plaintiffs' Complaint are denied for lack of sufficient information to justify a belief therein.
CXIlI. The allegations contained in Paragraph 113 of Plaintiffs' Complaint are denied for lack of sufficient information to justify a belieftherein.
CXIV. The allegations contained in Paragraph 114 of Plaintiffs' Complaint are denied for lack of sufficient information to justify a belief therein.
INADEQUATE MEDICAL CARE CXV. The allegations contained in Paragraph 115 of Plaintiffs' Complaint are denied for lack of sufficient information to justify a belief therein. 11

Case 3:98-cv-00947-FJP Document 107 Filed 03/01/1999 Page 12 of 19

CXVI. The allegations contained in Paragraph 116 of Plaintiffs, Complaint are denied for lack of

sufficient information to justify a belieftherein.

CXVII.

The allegations contained in Paragraph 117 ofPlaintiffs, Complaint are denied for

CXVIII.

lack of sufficient information to justifY a belief therein. The allegations contained in Paragraph 118 of Plaintiffs' Complaint are denied for

lack of sufficient information to justify a belief therein.

CXIX. The allegations contained in Paragraph 119 of Plaintiffs' Complaint are denied for lack of

sufficient information to justifY a belief therein.

CXX. The allegations contained in Paragraph 120 of Plaintiffs' Complaint are denied for lack of

sufficient information to justify a belief therein.

CXXI. The allegations contained in Paragraph 121 of Plaintiffs' Complaint are denied for lack of

sufficient information to justify a belief therein.

CXXII.

The allegations contained in Paragraph 122 of Plaintiffs' Complaint are denied for

CXXIII.

lack of sufficient information to justify a belief therein. The allegations contained in Paragraph 123 of Plaintiffs' Complaint are denied for

CXXIV.

lack of sufficient information to justify a belief therein. The allegations contained in Paragraph 124 of Plaintiffs' Complaint are denied for

cxxv.

lack of sufficient information to justify a belief therein. The allegations contained in Paragraph 125 of Plaintiffs' Complaint are denied for

lack of sufficient information to justify a belief therein.

INADEQUATE NUTRITION

CXXVI.

The allegations contained in Paragraph 126 of Plaintiffs' Complaint are denied for

CXXVII.

lack of sufficient information to justify a belief therein. The allegations contained in Paragraph 127 of Plaintiffs' Complaint are denied for

lack of sufficient information to justify a belief therein.

12

Case 3:98-cv-00947-FJP Document 107 Filed 03/01/1999 Page 13 of 19

CXXVill. The allegations contained in Paragraph 128 of Plaintiffs' Complaint are denied for

lack of sufficient information to justify a belieftherein.

CONDITIONS OF CONFINEMENT DEFICIENCIES

CXXIX.

The allegations contained in Paragraph 129 of Plaintiffs' Complaint are denied for

CXXX. CXXXI.

lack of sufficient information to justify a belief therein. The allegations contained in Paragraph 130 of Plaintiffs' Complaint are denied for lack of sufficient information to justify a belief therein. The allegations contained in Paragraph 131 of Plaintiffs' Complaint are denied for

CXXXII.

lack of sufficient information to justify a belief therein. The allegations contained in Paragraph 132 of Plaintiffs' Complaint are denied for

CXXXIII.
CXXXIV. CXXXV.

lack of sufficient information to justify a belief therein. The allegations contained in Paragraph 133 of Plaintiffs' Complaint are denied for lack of sufficient information to justify a belieftherein. The allegations contained in Paragraph 134 of Plaintiffs' Complaint are denied for lack of sufficient information to justify a belief therein. The allegations contained in Paragraph 135 of Plaintiffs' Complaint are denied for

lack of sufficient information to justify a belief therein. CXXXVI. The allegations contained in Paragraph 136 of Plaintiffs' Complaint are denied for
lack of sufficient information to justify a belief therein. CXXXVII. The allegations contained in Paragraph 137 of Plaintiffs' Complaint are denied for

lack of sufficient information to justify a belief therein. REGULAR EDUCATION INADEQUACIES
CXXXVIIi. The allegations contained in Paragraph 138 of Plaintiffs' Complaint are denied.

CXXXIX.

The allegations contained in Paragraph 139 of Plaintiffs' Complaint are denied as written.

13

Case 3:98-cv-00947-FJP Document 107 Filed 03/01/1999 Page 14 of 19

CXL. The allegations contained in Paragraph 140 of Plaintiffs' Complaint are denied.

CXLI. The allegations contained in Paragraph 141 do not pertain to these Defendants; however, out

of an abundance of caution, the allegations contained in Paragraph 141 of Plaintiffs'

Complaint are denied for lack of sufficient information to justify a belief therein.

CXLII.

The allegations contained in Paragraph 142 of Plaintiffs' Complaint are denied for

lack of sufficient information to justify a belieftherein.

CXLlli.

The allegations contained in Paragraph 143 of Plaintiffs' Complaint are denied.

CXLIV.

The allegations contained in Paragraph 144 ofPlaintiffs' Complaint are denied.

CXLV.

The allegations contained in Paragraph 145 ofPlaintiffs' Complaint are denied.

CXLVI.

The allegations contained in Paragraph 146 of Plaintiffs' Complaint are denied as

written.

CXLVII. The allegations contained in Paragraph 147 of Plaintiffs' Complaint are denied as

written.

CXLVIII. The allegations contained in Paragraph 148 of Plaintiffs' Complaint are denied.

CXLIX.

The allegations contained in Paragraph 149 of Plaintiffs' Complaint are denied for

lack of sufficient information to justify a belief therein.

CL. The allegations contained in Paragraph 150 of Plaintiffs' Complaint are denied for lack of

sufficient information to justify a belief therein.

SPECIAL EDUCATION INADEQUACIES

CLI. The allegations contained in Paragraph lSI of Plaintiffs' Complaint are denied.

CLII. The allegations contained in Paragraph 152 of Plaintiffs' Complaint are denied.

CLIll. The allegations contained in Paragraph 153 of Plaintiffs' Complaint are denied as written.

CLIV. The allegations contained in Paragraph 154 of Plaintiffs' Complaint are denied for lack of

sufficient information to justify a belief therein.

14

Case 3:98-cv-00947-FJP Document 107 Filed 03/01/1999 Page 15 of 19

CLV. The allegations contained in Paragraph 155 of Plaintiffs' Complaint are denied for lack of sufficient information to justify a belief therein.

CLVI. The allegations contained in Paragraph 156 of Plaintiffs' Complaint are denied for lack of

sufficient information to justify a belief therein.

CLVII.

The allegations contained in Paragraph 157 of Plaintiffs' Complaint are denied for

lack of sufficient information to justify a belief therein.

CLVIII.

The allegations contained in Paragraph 158 of Plaintiffs' Complaint are denied for

lack of sufficient information to justify a belief therein.

CLIX. The allegations contained in Paragraph 159 of Plaintiffs' Complaint are denied for lack of

sufficient information to justify a belief therein.

CLX. The allegations contained in Paragraph 160 of Plaintiffs' Complaint are denied for lack of

sufficient information to justify a belief therein. CLXI. The allegations contained in Paragraph 161 of Plaintiffs' Complaint are denied for lack of

sufficient information to justify a belief therein.

REHABILITATION PROGRAMMING INADEQUACIES

CLXII.

The allegations contained in Paragraph 162, including subparts a through f, of

Plaintiffs' Complaint are denied for lack of sufficient information to justify a belief

therein.

CLXIII.

The allegations contained in Paragraph 163 of Plaintiffs' Complaint are denied for

lack of sufficient information to justify a belief therein.

CLXIV.

The allegations contained in Paragraph 164 of Plaintiffs' Complaint are denied for

lack of sufficient information to justify a belief therein.

FAMILY UNIFICATION & COMMUNITY REINTEGRATION

CLXV.

The allegations contained in Paragraph 165 of Plaintiffs' Complaint are denied for

lack of sufficient information to justify a belief therein.

15

Case 3:98-cv-00947-FJP Document 107 Filed 03/01/1999 Page 16 of 19

CLXVI.

The allegations contained in Paragraph 166 of Plaintiffs' Complaint are denied for

CLXVII.

lack of sufficient information to justify a belief therein. The allegations contained in Paragraph 167 ofPlaintiffs, Complaint are denied for

lack of sufficient information to justify a belief therein.

CLXVIII. The allegations contained in Paragraph 168 of Plaintiffs' Complaint are denied for

lack of sufficient information to justify a belief therein.

ACCESS TO COURTS

CLXIX.

The allegations contained in Paragraph 169 of Plaintiffs' Complaint are denied for

lack of sufficient information to justify a belief therein.

CLXX.

The allegations contained in Paragraph 170 of Plaintiffs' Complaint are denied for

lack of sufficient information to justify a belieftherein.

CLXXI.

The allegations contained in Paragraph 171 of Plaintiffs' Complaint are denied for

lack of sufficient information to justify a belief therein.

CLXXII. The allegations contained in Paragraph 172 of Plaintiffs' Complaint are denied for

lack of sufficient information to justify a belief therein.

CLXXIII. The allegations contained in Paragraph 173 of Plaintiffs' Complaint are denied for

lack of sufficient information to justify a belief therein.

CLXXIV. The allegations contained in Paragraph 174 of Plaintiffs' Complaint are denied for

lack of sufficient information to justify a belief therein.

CLXXV. The allegations contained in Paragraph 175 of Plaintiffs' Complaint are denied for

lack of sufficient information to justify a belief therein.

CLXXVI. The allegations contained in Paragraph 176 of Plaintiffs' Complaint are denied for

lack of sufficient information to justify a belief therein.

CLXXVII. The allegations contained in Paragraph 177 of Plaintiffs' Complaint are denied for

lack of sufficient information to justify a belief therein.

16

Case 3:98-cv-00947-FJP Document 107 Filed 03/01/1999 Page 17 of 19
CLXXVIli. The allegations contained in Paragraph 178 of Plaintiffs' Complaint are denied for lack of sufficient infonnation to justify a belief therein.
NECESSITY FOR INJUNCTIVE RELIEF; NO ADEQUATE REMEDY AT LAW CLXXIX. The allegations contained in Paragraph 179 of Plaintiffs' Complaint are denied as these allegations pertain to your Defendants herein.
KNOWLEDGE OF THE DEFENDANTS CLXXX. The allegations contained in Paragraph 180 of Plaintiffs' Complaint are denied for lack of sufficient infonnation to justify a belief therein. 6. CAUSES OF ACTION CLXXXI. The allegations contained in Paragraph 181 of Plaintiffs' Complaint are denied for lack of sufficient infonnation to justify a belief therein. Count I CLxxxn. The allegations contained in Paragraph 182 of Plaintiffs' Complaint are denied as these allegations pertain to your defendants herein. Count II CLXXXIII. The allegations contained in Paragraph 183 of Plaintiffs' Complaint are denied as these allegations pertain to your defendants herein. Count III CLXXXIV. The allegations contained in Paragraph 184 of Plaintiffs' Complaint are denied as these allegations pertain to your defendants herein. Count IV CLXXXV. The allegations contained in Paragraph 185 of Plaintiffs' Complaint are denied as these allegations pertain to your defendants herein. CLXXXVI. The allegations contained in Paragraph 186 of Plaintiffs' Complaint are denied as these allegations pertain to your defendants herein. 17

Case 3:98-cv-00947-FJP Document 107 Filed 03/01/1999 Page 18 of 19

Count V

CLXXXVII. The allegations contained in Paragraph 187 of Plaintiffs' Complaint are denied as

these allegations pertain to your defendants herein.

Count VI

CLXXXVIII. The allegations contained in Paragraph 188 of Plaintiffs' Complaint are denied as

these allegations pertain to your defendants herein.

Count VII

CLXXXIX. The allegations contained in Paragraph 189 of Plaintiffs' Complaint are denied as

these allegations pertain to your defendants herein.

Count VIII

CXC. The allegations contained in Paragraph 190 of Plaintiffs' Complaint are denied as these

allegations pertain to your defendants herein.

Count IX

CXCI. The allegations contained in Paragraph 191 of Plaintiffs' Complaint are denied as these

allegations pertain to your defendants herein.

CXCII.

The allegations contained in Paragraph 192 of Plaintiffs' Complaint are denied as

these allegations pertain to your defendants herein.

State Pendant Claims

CXCIII.

The allegations contained in Paragraph 193 of Plaintiffs' Complaint are denied as

these allegations pertain to your defendants herein.

AND NOW FURTHER ANSWERING, Defendants further aver as follows:

CXCIV.

Plaintiffs' Complaint fails to state a claim upon which relief can be granted as to

defendants appearing herein.

18

Case 3:98-cv-00947-FJP Document 107 Filed 03/01/1999 Page 19 of 19
WHEREFORE, Defendants, The City of Tallulah and Theodore Lindsay, in his official capacity
as the Mayor of The City of Tallulah, pray that the above and foregoing Answer to Complaint be deemed
good and sufficient, and that after legal delays and due proceedings had, there be Judgment herein in favor
ofDefendants, The City ofTallulah and Theodore Lindsay, in his official capacity as the Mayor ofThe City
ofTallulah, and against Plaintiffs, Barry A., Brian B., Christopher C., Jason E., Jacob F., Jordan G., Jimmy
H., Larry J., and Vince M., by and through their Guardian Ad Litem, Shannon Robshaw; Preston K.,
Stephen L., and Walter N., on behalfofthemselves and others similarly situated, dismissing Plaintiffs' suit
at their sole cost and for all costs of these proceedings, to which Defendants may show themselves justly
entitled, or alternatively, to such relief to which Defendants are entitled in law or in equity.
Respectfully submitted, BOLES, BOLES & RYAN 1805 Tower Drive P. O. Drawer 2065 Monroe, LA 71207-2065 (318) 388-4050 Fax: (328) 329-9150
By:~/..t:l~
MICHAEL L. DUBOS (23944)
ATTORNEYS FOR DEFENDANTS, THE CITY OF TALLULAH AND THEODORE LINDSAY, IN HIS OFFICIAL CAPACITY AS THE MAYOR OF THE CITY OF TALLULAH
CERTIFICATE
I do hereby certifY that a copy ofthe above and foregoing has been forwarded to all counsel ofrecord
this day, via u.s. Mail, postage prepaid. , Monroe, Louisiana, this c26'.!:!dayof E~ 1998.

1:IWP61.00ClClientsICUENT.10IMLDI42246\ANSWERPET.wpd

19

 
 Case 3:98-cv-00947-FJP Document 134 Filed 04/12/1999 Page 1 of 4

UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF LOUISIANA

~ILEO
usnI': ~m/LA
99 APR I 2 PM ~: 4 I
Hi(;H/~f\Q I. rlARTIN
CLERK

HAYES, WILLIAMS, ET AL. VERSUS McKEITHEN, ET AL.
IN RE: TALLULAH CORRECTIONAL FOR YOUTH
BRIAN B., ET AL. VERSUS RICHARD STALDER, ET AL.
THE UNITED STATES OF AMERICA VERSUS THE STATE OF LOUISIANA, ET AL.

*

CIVIL ACTION NO. 71-98-81

*
*

*

*

*

*

•

•

CIVIL ACTION NO. 97-0665-81

*
•

*
•

*

CIVIL ACTION NO. 98-886-B1

•

•

*

*
• •

*

•

CIVIL ACTION NO. 98-947-81

•

•

U.S. DISTRICT JUDGE

•

FRANK J. POLOZOLA

*

•

MAGISTRATE JUDGE

•

STEPHEN C. RIEDLINGER

•

•

11111

II

3:98-cv-00947 134 - 1

DATE: 04/12/99

DEPUTY CLERK: hj

Case 3:98-cv-00947-FJP Document 134 Filed 04/12/1999 Page 2 of 4
ANSWER NOW INTO COURT, through undersigned counsel, comes FBA, L.L.C., responding to the allegations of the Second Amended Complaint filed by Plaintiffs as follows:
1.
The allegatio!'}s of paragraph 1 of Plaintiff's second amended complaint require no answer of FBA, L.L.C.
2. The allegation of paragraph 2 of Plaintiff's second amended complaint, which adds
paragraphs numbered 34A and 348 to Plaintiffs' complaint are responded to as follows: 34A
The allegations of paragraph 34A, as amended, require no answer of F8A, L.L.C. 348
The allegations of paragraph 348, as amended, are admitted only insofar as F8A, L.L.C. admits that it is a Louisiana Limited Liability Company, doing business in the State of Louisiana. The remaining allegations of paragraph 348, as amended, are denied.
3.
The allegations of paragraph 3 of Plaintiff's second amended complaint require no answer of F8A, L.L.C. To the extent the allegations can be construed as requiring an answer, F8A, L.L.C. admits that CSC is the current operator of TCCY.
4.
The allegations of paragraph 4 of Plaintiffs' second amended complaint are denied.

Case 3:98-cv-00947-FJP Document 134 Filed 04/12/1999 Page 3 of 4

5.

Further answering, by way of affirmative defense, FBA, L. L. C. submits that the

allegations made against it in Plaintiffs' second amended complaint are without basis in

law or in fact and have no evidentiary support. FBA, L.L.C. does not have, nor has ever

had, responsibility for the operations at TCCY, nor does it have responsibility for the

constitutionality of the operations or conditions at the facility.

WHEREFORE, FBA, L.L.C. prays that this answer be deemed good and sufficient

and after due proceedings are had there be judgment in its favor and against Plaintiffs'

dismissing FBA, L.L.C. from this proceeding, with prejudice, and at Plaintiffs' cost.

By Attorneys,

TAYLOR, PORTER, BRO~.,KS' PHILLIP

/-/; /

By

~I/ (.

FR ORICK R. TULLEY, T.A. (#753
MARGARET L. TOOKE (#19810)
451 FLORIDA ST., 8TH FLOOR

P.O. Box 2471 Baton Rouge, LA 70821 Telephone (225) 387-3221

Facsimile (225) 346-8049

Case 3:98-cv-00947-FJP Document 134 Filed 04/12/1999 Page 4 of 4

- CERTIFICATE -

I certify that a copy of the foregoing was this day mailed, postage prepaid, to:

Richard Curry McGlinchey, Stafford One American Place, Suite 9000 Baton Rouge, LA 70825
Atty for Murphy J. Foster, Governor
And Richard Stalder, Secretary, Dept. of Public Safety & Corrections

Raymond Cannon Box 1108 Tallulah, LA 71282
Atty for City of Tallulah

Judy Preston United States Dept. of Justice Civil Rights Division Box 66400 Washington, D.C. 20035-6400
Atty for United States of America

Deborah Dawn General Counsel Correctional Svcs. Corp. 1819 Main St., Suite 1000 Sarasota, FL 34236

Charles Roberts Wray and Kracht 5543 Corporate Blvd. Baton Rouge, LA 70898-0239
Atty for Transamerican Development Associates, Inc.

Michael l. DuBos Boles, Boles & Ryan
1805 Tower Dr. Monroe, LA 71201
Atty for Madison Parish School Board

Richard Simmons Hailey, McNamara, Hall, Larmann & Papale One Galleria Blvd., Suite 1400 Metairie, LA 70001
Atty for Transamerican Development Associates, Inc.

David Utter Juvenile Justice Project of
Of Louisiana 822 Camp St. New Orleans, LA 70130
Atty for Plaintiffs

Baton Rouge, Louisiana, this --.;........;:;....

 
 Case 3:98-cv-00947-FJP Document 18 Filed 12/07/1998 Page 1 of 10

IN THE UNITED STATES DISTRICT COURTSG D~C -7 Pti 2: 22
FOR THE MIDDLE DISTRICT OF LOUISIAN~lCN _____)Vk

HiCH;\hD ( Mi\Rri~
CLERK

HAYES WILLIAMS, .et..al.,
Plaintiffs,

Civil No. 71-98-B

v.

JOHN McKEITHEN, .et..al.,

Defendants,

UNITED STATES OF AMERICA,

Amicus Curiae.

IN RE: JUVENILE FACILITIES

Civil No. CH 97-MS-001-B

IN RE: TALLULAH CORRECTIONAL CENTER FOR YOUTH

Civil No. CH 97-0665-B-Ml
'.

IN RE: JETSON CORRECTIONAL CENTER FOR YOUTH

Civil No. CH 97-0666-B-Ml

IN RE: SWANSON CORRECTIONAL CENTER FOR YOUTH

Civil No. CH 97-0667-B-Ml

IN RE: LOUISIANA TRAINING INSTITUTE - BRIDGE CITY

Civil No. CH 97-0668-B-Ml

BRIAN B., .et..al..,
Plaintiffs, v.
RICHARD STALDER, .et..al..,
Defendants.

Civil No. 98-886-B-Ml

I I III

3:98-cv-00947 18 - 1

DATE: 12/07/98

DEPUTY CLERK: KC

Case 3:98-cv-00947-FJP Document 18 Filed 12/07/1998 Page 2 of 10

THE UNITED STATES OF AMERICA, )

)

Plaintiff,

)

)

v.

)

)

THE STATE OF LOUISIANA, ~ .al.....)

)

Defendants.

)

)

Civil No. 98-947-B-1
,.--

UNITED STATES' MEMORANDUM IN RESPONSE TO DEFENDANTS' OPPOSITION TO CLASS CERTIFICATION IN BRIAN B. v. STALDER

At the Court's request, the United States submits this memorandum to respond to arguments raised in the memoranda filed by the State Defendants and by TranS-American Development Associates, Inc. and James R. Brown and in opposition to class certification in Brian B. v. Stalder.
The proposed class in the Brian B. matter includes all youth who are now, or in the future will be, incarcerated at the Tallulah Correctional Center for Youth in Tallulah, Louisiana ("Tallulah"). Plaintiffs have brought a civil action pursuant to 42 U.S.C. § 1983 alleging violations of the civil and constitutional rights of juveniles at Tallulah. The United States' complaint pursuant to the Civil Rights of Institutional Persons Act ("CRIPA"), 42 U.S.C. § 1997, and 42 U.S.C. § 14141, the Violent Crime Control and Law Enforcement Act of 1994, raises similar concerns.
As an initial matter, it is important to distinguish the United States' action from the Brian B. class action. CRIPA grants the Attorney General authority to institute a civil

-2-

Case 3:98-cv-00947-FJP Document 18 Filed 12/07/1998 Page 3 of 10
action, in the name of the United States, in the appropriate federal district court for such equitable relief as appropriate to obtain the minimum corrective measures necessary to insure the full enjoyment of the constitutional rights of those residing in a covered facility. 42 U.S.C. § 1997a(a). The Attorney General's authority extends to initiating suit u~for or in the name of the United States,' in order to represent the national interest in securing constitutionally adequate care for institutionalized citizens." H.R. Conf. Rep. No. 897, 96th Cong., 2d Sess. 13 (1980). The authority delegated to the Attorney General, however, does not supplant actions brought by aggrieved persons pursuant to 42 U.S.C. § 1983. In fact, Congress noted that the enactment of CRIPA was Unot intended to expand or restrict the existing rights of plaintiffs other than the United States." H.R. Conf. Rep. No. 897, 96th Cong., 2d Sess. 11 (1980). Similar authority has been granted to the Attorney General pursuant to 42 U.S.C. § 14141 (b) to seek appropriate relief for violations of rights protected by the Constitution or federal law ufor or in the name of the United States."
For these reasons, the United States may maintain civil actions for the enforcement of CRIPA and § 14141 and may seek equitable relief for a group of aggrieved individuals. The class certification requirements of Rule 23 do not apply to these kind of claims. See General Telephone Company of the Northwest v. EEQC, 446 U.S. 318 (1980) (EEOC may seek classwide relief without being certified as the class representative under Rule 23) i
-3-

Case 3:98-cv-00947-FJP Document 18 Filed 12/07/1998 Page 4 of 10
Donovan v. University of Texas, 643 F.2d 1201 (5th Cir. 1981)
(Secretary of Labor may seek class wide relief without Rule 23
certification) .
The United States has no objection to class certification in
Brian B. We agree with plaintiffs that class certification does
not run afoul of Fifth Circuit precedent. In fact, certification
of the Brian B. class promotes two of the primary purposes
underlying Fed. R. Civ. P. 23 -- the avoidance of both
duplicative litigation and inconsistent standards. See ~ v.
Menke, 672 F.2d 702, 704 (8th Cir. 1982).
The cases cited by defendants in their oppositions to class
certification are inapposite. For example, in Gillespie v.
Crawford, 858 F.2d 1101 (5th Cir. 1988), the Fifth Circuit barred
a Texas inmate's suit seeking equitable relief where a class wide consent decree already existed in Ruiz v. Estelle, 679 F.2d 1115
(5th Cir. 1982) (class action challenging conditions of
confinement in Texas prisons) and the inmate was a class member.
The court reasoned that:
Permitting mUltiple courts to entertain equitable claims and issue decrees that might affect the Texas prison system would require other courts to become
familiar with the Ruiz decree, the current problems of
the Texas prison system, and the possible disruptive effect of the exercise of equitable powers over matters covered by the Ruiz decree. Moreover, if separate suits for equitable relief are filed in other districts than that in which Ruiz is pending, even with respect to problems not encompassed by the relief granted in Ruiz, the court's orders may hobble the effect of the
Ruiz court's continuing decree over the Texas prison
system and its power both to enforce and to modify that decree.
Gillepsie, 858 F.2d at 1103.
-4-

Case 3:98-cv-00947-FJP Document 18 Filed 12/07/1998 Page 5 of 10

The concerns voiced in Gillespie

the avoidance of

duplicative or inconsistent decisions

are absent here. The

proposed class action in Brian B. requests equitable relief aimed

at curing problems at the Tallulah Correctional Center for Youth.

The scope of such relief surpasses that currently provided for in

Williams, which primarily addresses staffing ratios,

overcrowding, and fire safety issues. Furthermore, the

coordination of Williams and Brian B. by the Court would guard

against inconsistent directives. Finally, the proposed class

action more effectively preserves judicial resources, than the

alternative proposed by defendants whereby juveniles at Tallulah

would be forced to intervene individually and request broader

relief than currently provided for in Williams. See State

Defendants' Memorandum in Opposition to Certification at 4.

Defendants Trans American and James R. Brown also contend

that the proposed class fails to satisfy the requirements of Fed. R. Civ. P. 23. 1 This contention should be rejected. First,

plaintiffs assert that systemic problems infect the Tallulah

facility. Such claims satisfy Rule 23's commonality requirement.

"The commonality test is met when there is "'at least one issue

whose resolution will affect all or a significant number of the

lFed. R. Civ. P. 23 (a) provides: "One or more members of a class may sue or be sued as representative parties on behalf of all only if (1) the class is so numerous that joinder of ,all members is impracticable, (2) there are questions of law or fact common to the class, (3) the claims or defenses of the representative parties are typical of the claims or defenses of the class, and (4) the representative parties will fairly and adequately protect the interests of the class."
-5-

Case 3:98-cv-00947-FJP Document 18 Filed 12/07/1998 Page 6 of 10
putative class members. ,,, Forbush v. J.C. Penny Co., 994 F.2d 1101, 1105 (5th Cir. 1993) (quoting Stewart v. Winter, 669 F.2d 328, 335 (5th Cir. 1982». Although there are particular factual differences in the incidents alleged, such incidents stem from the infirmities which exist at Tallulah.
Second, like commonality, the threshold requirements for typicality are not high. Shipes v. Trinity Indus., 987 F.2d 311, 316 (5th Cir. 1993). As with commonality, a strong similarity of legal theories will satisfy the typicality requirement despite factual differences. The "typicality" requirement focuses on the similarity of the legal and remedial theories behind the putative class' claims. Jenkins v. Raymark Indus., 782 F.2d 468, 472 (5th Cir. 1986). Typicality is established when the claims of the named plaintiffs are typical of the claims of the class and are so interrelated with those of the class that the interests of the class will be fairly and adequately protected. The named plaintiffs in Brian B. have suffered from the same practices and policies that injure or will injure the class. The harm to the named plaintiffs and to the class members is substantially the same. The typicality requirement is clearly satisfied.
Third, the Brian B. class members are adequately represented by the named plaintiffs. The interests of the named plaintiffs are functionally identical to the interests of the members of the class they seek to represent. We disagree with the contention of Defendants Trans-American and James R. Brown that the juvenileon-juvenile violence claim creates a conflict in representing the
-6-

Case 3:98-cv-00947-FJP Document 18 Filed 12/07/1998 Page 7 of 10
class. The juvenile-on-juvenile violence 8laim is part of the overall claim that the defendants fail to take adequate steps to provide reasonable safety to juveniles. None of the proposed class members is a defendant in this action; it is the named defendants' actions, not the juveniles' conduct, that will be on trial in this case. £ee alaQ, Langley v. Coughlin, 715 F. Supp. 522, 561 (S.D.N.Y. 1989) (that several inmates have been presumably unwitting agents for creating some of the alleged unconstitutionally permissible conditions did not demonstrate a legally cognizable conflict between them and other class members which would preclude certification). As such, the interests of the proposed class members are not in conflict for they seek to vindicate the same legal rights.
CONCLUSION For these reasons, the United States has no objection to class certification in Brian B.
Respectfully submitted, Bill Lann Lee Acting Assistant
Attorney General Civil Rights Division Steven H. Rosenbaum Chief Special Litigation Section Robinsue Frohboese Deputy Chief Special Litigation Section
-7-

Case 3:98-cv-00947-FJP Document 18 Filed 12/07/1998 Page 8 of 10
Judith Preston Iris Goldschmidt Kevin K. Russell Andrea M. Picciotti-Bayer Trial Attorneys Special Litigation Section Civil Rights Division U.S. Department of Justice P.o. Box 66400 Washington, D.C. 20035-6400 (202) 514-6258
-8-

Case 3:98-cv-00947-FJP Document 18 Filed 12/07/1998 Page 9 of 10

IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT ·OF LOUISIANA

HAYES WILLIAMS, .ej:.al.,

)

)

Plaintiffs,

)

)

v.

)

)

JOHN McKEITHEN, .ej:.al.,

)

)

Defendants,

)

)

UNITED STATES OF AMERICA,

)

)

Amicus Curiae.

)

)

IN RE: JUVENILE FACILITIES

)

)

IN RE: TALLULAH CORRECTIONAL )

CENTER FOR YOUTH

)

)

IN RE: JETSON CORRECTIONAL

)

CENTER FOR YOUTH

)

)

IN RE: SWANSON CORRECTIONAL )

CENTER FOR YOUTH

)

)

IN RE: LOUISIANA TRAINING

)

INSTITUTE - BRIDGE CITY )

------------------------------))

BRIAN B., .ej: .al..,

)

)

Plaintiffs,

)

)

v.

)

)

RI CHARD STALDER, .ej:.al..,

)

)

Defendants.

)

-------------------------------)

Civil No. 71-98-B
Civil No. CH 97-MS-001-B Civil No. CH 97-0665-B-Ml Civil No. CH 97-0666-B-Ml Civil No. CH 97-0667-B-Ml Civil No. CH 97-0668-B-Ml Civil No. 98-886-B-Ml

-9-

Case 3:98-cv-00947-FJP Document 18 Filed 12/07/1998 Page 10 of 10

THE UNITED STATES OF AMERICA, )

)

Plaintiff,

)

)

v.

)

)

THE STATE OF LOUISIANA, ~~)

)

Defendants.

)

--------------------------------)

Civil No. 98-947-B-1

CERTIFICATE
I hereby certify that copies of the foregoing United States' Memorandum in Response to Defendant's Opposition to Class Certification in Brian B. v. Stalder have this day been telefaxed and mailed by overnight mail, postage prepaid, to the following:
Keith B. Nordyke June Denlinger Nordyke and Denlinger 427 Mayflower St. Baton Rouge, LA 70802
David J. Utter Juvenile Justice Project of Louisiana 822 Camp Street New Orleans, LA 70130
Richard Curry McGlinchey, Stafford and Lange One American Place Suite 900 Baton Rouge, LA 70825
Richard T. Simmons, Jr. Hailey, McNamara, Hall, Larmann & Papale Suite 1400 One Galleria Blvd. Metairie, LA 70001
Washington, D.C., this 4th day of December, 1998.

U~L~~~~ ANDREA M~CIOTTr:B1\YER TRIAL ATTORNEY
-10-

 
 UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF LOUISIANA

SHANNON ROBSHAW, et al. Plaintiffs,
v.
RICHARD STALDER, et al. Defendants,

Civ. No.

HAYES WILLIAMS, et al. Plaintiffs,
v.
JOHN McKEITHEN, et al., Defendants.
THE UNITED STATES OF AMERICA, Plaintiff,
v.
THE STATE OF LOUISIANA, Defendants.

Civ. No. 71-98-B Civ. No. 98-947-B-l

' ORDER
AND NOW, thi8/~lrday of ~~tf

2006, upon consideration

of and reliance upon the parties' Joint Motion to Dismiss, and

the Memorandum in Support thereof, it is hereby ORDERED AND

DECREED that such motion is GRANTED.

The above-captioned cases are hereby DISMISSED with

PREJUDICE.

 
 121 F.Supp.2d 943 (2000)
Hayes WILLIAMS, et al., Plaintiffs, v.
John McKEITHEN, et al., Defendants, United States of America, Amicus Curiae.
In re Juvenile Facilities In re Tallulah Correctional Center for Youth In re Jetson Correctional Center for Youth In re Swanson Correctional Center for Youth In re Louisiana Training Institute — Bridge City
In re Jena Juvenile Justice Center Brian B., et al. v.
Richard Stalder, et al. The United States of America
v. The State of Louisiana, et al.
A.A., et al. v.
Wackenhut Corrections Corp., et al.
Nos. CIV.A. 71-98-B-M1, CIV.A. 97-MS-B-M1, CIV.A. 97-665-B-M1, CIV.A. 97-666-B-M1, CIV.A. 97-667-B-M1, CIV.A. 97-668-B-M1, CIV.A. 98-804-B-M1, CIV.A. 98-886-B-M1, CIV.A. 98-947-B-M1, CIV.A. 00-246-B-M1.
United States District Court, M.D. Louisiana.
October 3, 2000.
June E. Denlinger, Keith B. Nordyke, Nordyke & Denlinger, Baton Rouge, LA, 944*944 for Juvenile Facilities, Tallulah Correctional Center for Youth, Jetson Correc Cntr, Swanson Corr Cntr, Lti-Bridge City, Ernestine Williams, Janice Sanford, C C.
Addison Kennon Goff, III, Goff & Goff, Ruston, LA, P. Scott Wolleson, Bruscato, Tramontana & Wolleson, Monroe, LA, David J. Utter, Juvenile Justice Project of Louisiana, New Orleans, LA, Juvenile Plaintiffs, Brian B.
Iris Goldschmidt, United States Department of Justice, Civil Rights Division, Special Litigation Section, Washington, DC, for United States of America, amicus.
Addison Kennon Goff, III, Goff & Goff, Ruston, LA, P. Scott Wolleson, Bruscato, Tramontana & Wolleson, Monroe, LA, David J. Utter, Gabriella Celeste, Juvenile Justice Project of Louisiana, New Orleans, LA, for Shannon Robshaw, Preston K, Stephen L, Walter N.

Richard A. Curry, McGlinchey Stafford Lang, Baton Rouge, LA, for Richard L. Stalder, Richard Thompson, Cecil Picard, Glenny Lee Buquet, David Hood.
Michael L. DuBos, Boles, Boles & Ryan, Monroe, LA, for Samuel Dixon, Theodore Lindsay, City of Tallulah.
Frederic Theodore Le Clercq, W. Evan Plauche', Joseph L. Spilman, III, Richard T. Simmons, Jr., Hailey, McNamara, Hall, Larmann, & Papale, Metairie, LA, for TransAmerican Development Association, Inc.
Ann M. Halphen, Donald T.W. Phelps, Amy Collier Lambert, Adams & Reese, Baton Rouge, LA, for Correctional Services Corporation.
Margaret L. Tooke, Fredrick R. Tulley, Taylor, Porter, Brooks & Phillips, Baton Rouge, LA, for FBA, L.L.C.
L. J. Hymel, Jr., U.S. Attorney's Office, M.D. of LA, Baton Rouge, LA, Eddie J. Jordan, Jr., U.S. Attorney's Office, New Orleans, LA, Iris Goldschmidt, United States Department of Justice, Civil Rights Division, Special Litigation Section, Washington, DC, Kevin Russell, U.S. Dept. of Justice, Civ. Rights Div., Washington, DC, Michael D. Skinner, Skinner & Stipe, LLP, Lafayette, LA, for U.S.
MEMORANDUM OPINION
POLOZOLA, Chief Judge.
This matter is before the Court for final approval of the Joint Settlement Agreement for Medical, Dental, Mental Health, Rehabilitation and Juvenile Justice Issues ("Settlement Agreement") which was filed with the Court on September 7, 2000 in the above captioned cases.[1] Pursuant to Rule 23 of the Federal Rules of Civil Procedure, the Court set a time period for filing objections to the agreement. The Court also set a hearing for October 3, 2000 to consider any objections filed to the Settlement Agreement. A review of the record reveals that no objections have been filed. Since no objections have been filed, there is no need for the Court to conduct a hearing on the Settlement Agreement.
Therefore, the Settlement Agreement is hereby approved by the Court. These cases will be administratively closed until further order of the Court. It shall not be necessary for the parties to file any additional monthly or incident reports with the Court. However, the parties shall continue to send these reports to the Court's expert.
This is a historic day for the State of Louisiana, the parties, and this Court. By approving this Settlement Agreement, the Court has now transferred to the State of Louisiana FULL RESPONSIBILITY for running its adult and juvenile prisons in a constitutional manner. It is this Court's belief that the State of Louisiana is now capable of running its own prisons in accordance with the Settlement Agreement, the Constitution and laws of the United States without the assistance of a federal judge. However, should those in charge of 945*945 the Louisiana prison system fail or refuse to comply with this Settlement Agreement or

otherwise fail to operate its juvenile prison system in a constitutional manner, this Court will be forced to reopen the case. Thus, my final statement to the State of Louisiana is very simple—run your own juvenile prisons in a constitutional manner or a federal judge will be required to do so for you.
IT IS SO ORDERED.
ATTACHMENT
SETTLEMENT AGREEMENT FOR MEDICAL, DENTAL, MENTAL HEALTH, REHABILITATION AND JUVENILE JUSTICE ISSUES
TABLE OF CONTENTS
I. Introduction (¶ 1 - ¶ 9) ............................................. 945
II. Definitions (¶ 10 - ¶ 19) ............................................ 948
III. Juvenile Justice (¶ 20 - ¶ 75) ....................................... 949
IV. Medical, Dental and Mental Health (¶ 76 - ¶ 116) ..................... 966
V. Quality Assurance (¶ 117 - ¶ 121) .................................... 972
VI. Compliance and Monitoring (¶ 122 - ¶ 141) ............................ 975
I. INTRODUCTION
1. This Agreement is entered among the following: the United States Department of Justice as identified in ¶ 10 (the "DOJ"), the private plaintiffs as identified in ¶ 14 (the "Plaintiffs"), and the State, as defined in ¶ 19 below. This Agreement settles and resolves four lawsuits (the "Lawsuits") concerning the juvenile justice, medical, dental, mental health, and rehabilitative services in the State of Louisiana's secure juvenile facilities. The four Lawsuits settled by this Agreement are: (1) Williams v. McKeithen, Civ. No. 71-98 (including the following sub-dockets opened in that action: In Re: Juvenile Facilities, Civ. No. CH 97-MS001-B; In Re: Tallulah Correctional Center for Youth, Civ. No. CCH 97-0665-B-M1; In Re: Jetson Correctional Center for Youth, Civ. No. CH 97-0666-B-M1; In Re: Swanson Correctional Center for Youth, Civ. No. CH 97-0667-B-M1; In Re: Louisiana Training Institute—Bridge City, Civ. No. CH 97-0668-B-M1; and In Re: Jena Juvenile Justice Center, Civ. No. CH 98-0804-B-M1); (2) Brian B. v. Stalder, Civ. No. 98-0886-B-1; (3) A.A. v. Wackenhut Corrections Corporation, Civ. No. 00-246-CMI; and (4) United States v. Louisiana, Civ. No. 98-0947-B-1. In order to resolve the juvenile justice, medical, dental, mental health, and rehabilitation issues in this litigation, the parties have entered into this Agreement, which, if complied with within the time frames specified below, will result in the dismissal of the Lawsuits, except as provided in ¶ 9 below. The terms of this Agreement

shall apply to the secure juvenile facilities operated by or on behalf of the State and any other secure juvenile facility opened 946*946 during the life of the Agreement. All parties agree and recognize that the obligations contained in this Agreement and any remedies flowing therefrom are limited to conditions within the secure juvenile facilities and do not follow the juvenile after his/her final discharge from the facility. This provision shall not prevent the DPSC from continuing its current practice of providing short-term medications. This Agreement shall not increase or decrease any rights that juveniles held in secure facilities, on parole, or on probation supervision may or may not have upon their release from secure facilities.
2. As part of this Agreement, the Department of Public Safety and Corrections ("DPSC") shall revise as necessary its policies and procedures to ensure that they are consistent with the provisions of this Agreement.
3. The State denies any allegations upon which the Lawsuits are based. The State has entered this Agreement' in order to avoid the cost and uncertainty of litigation.
4. The United States' Jena Agreement and the Private Plaintiffs' Jena Agreement, both entered on or about April 13, 2000, are terminated and are of no further effect. The State agrees not to house juveniles at the Jena Juvenile Justice Center in Jena, Louisiana during the term of this Agreement.
5. Immediately upon execution of this Agreement, the parties shall jointly move the Court for an Order to conditionally dismiss the Lawsuits except as provided in ¶ 9 below. Immediately upon execution of this Agreement, the parties shall jointly move the Court for an Order terminating and rescinding all existing, orders, judgments or decrees that purport to address conditions of confinement in Louisiana's secure juvenile facilities, except as set forth in this paragraph:
a. Consent orders. The effect of the following consent orders is stayed until either: (a) final dismissal of these actions, at which time all consent orders shall be terminated and shall have no prospective effect; or (b) 120 days following entry of an order reopening these actions:
April, 1996 Order (Bridge City Correctional Center),
November 14, 1996 Order (Swanson Correctional Center for Youth-Monroe),
April, 1998 Order (Jetson Correctional Center for Youth), and
November 15, 1994 Order (Tallulah Correctional Center for Youth), as modified by orders dated February 21, 1995, November 19, 1996, December 22, 1995, November 12, 1997, November 20, 1997, December 16, 1997, December 23, 1997 and March 10, 1998.
b. Jurisdictional orders. The substantive effect of the following orders may have been superceded, modified or rescinded; however, these orders may continue to be cited and relied upon by the parties solely for the purpose of establishing this Court's jurisdiction, for the purpose of establishing class counsel or prevailing party status, and for the purpose of supporting the "Attorney Fee Claims":

June 10, 1975

Judgment adopting Special Master's report

August 6, 1980

Original judgment on attorney's fees/prevailing parties

January 24, 1983

Injunction to stop accepting juvenile until population limits set

February 7, 1983

Motion to set population limits on juvenile facilities

December 7, 1983

Stipulation and Consent Decree for adult facilities

April 24, 1984

Juvenile consent decree

November 26, 1986 Extension of consent decree

January 6, 1988

Extension of consent decree

October 27, 1988 947*947 January 30, 1991

Extension of consent decree Class certification order

June 25, 1990

Original appointment of Nordyke and Denlinger

June 25, 1991

Ruling setting attorney fee rates

June 30, 1993

Extension of Consent Decrees and other Judgments

December 22, 1994 Order concerning TCCY

June 23, 1995

Order denying Motion by Transamerica Development

September 26, 1996

Order granting motion to terminate consent decrees for adult facilities except LSP and the Juvenile Facilities

April 1, 1997

Order granting motion by to release adult institutions except LSP and the juvenile facilities

September 24, 1998

Motion and Order Approving Settlement and terminating consent decree and supervision over LSP but preserving claims regarding Juvenile Facilities

December 9, 1998

Minute Entry concerning class certification in Brian B.

April 21, 1999

Order granting motion for

partial dismissal of LSP

c. Surviving Orders. The following surviving orders are not stayed; however, all surviving

orders shall automatically terminate upon final dismissal of these actions (unless previously

modified or terminated):

June 21, 1989

Original appointment of Court expert

August 19, 1994

Order pertaining to the appointment of the Court Expert

September 26, 1996 Order appointing Expert John Whitley
The Court shall retain jurisdiction over the claims in the Lawsuits until the final judgment of dismissal is entered.

6. The Motion to Conditionally Dismiss shall include a request for the Court to order a "fairness" hearing under Rule 23 of the Federal Rules of Civil Procedure as soon as notice can be given, pursuant to that Rule. This Agreement shall be void if the Court does not approve the settlement at that fairness hearing. The parties agree to ask the Court to hold in abeyance Plaintiffs' motion to certify a class in Brian B. v. Stalder and A.A. v. Wackenhut. If the Lawsuits are reopened, Plaintiffs may reurge these motions. In connection with the reurging of these motions, the State agrees to permit Plaintiffs to name replacement class representatives in Williams, Brian B. and/or A.A. and to waive the requirements for exhaustion of administrative remedies, provided that Plaintiffs have given the State written notice of the claims to be asserted, at least ten days prior to reurging of the motion.

7. The Motion to Conditionally Dismiss shall include a request that the Court preserve the substance of any unasserted cross claims and third party demands that the State may have against other defendants in any of the Lawsuits until such time as a final judgment of dismissal is entered.

8. This Agreement shall be effective on September 1, 2000. The State's obligations under this Agreement shall arise on June 1, 2001, except to the extent specific provisions establish a different deadline.

9. This Agreement compromises and settles all claims asserted in the Lawsuits except:

a. Claims pertaining to the validity, applicability and constitutionality of the administrative remedy procedure (ARP). Plaintiffs stipulate to the entry of an order dismissing all claims and allegations related to ARPs in the Lawsuits, without prejudice to their right to reassert those claims either in new actions or in the Lawsuits if the Lawsuits are reopened in accordance with this Agreement.
b. Claims pertaining to education issues. Claims relating to education issues are the subject of a separate Settlement Agreement entered on or about November 1, 1999.

c. Claims for attorneys fees. This Agreement does not purport to address 948*948 Plaintiffs' claims for attorneys fees in the Lawsuits.
II. DEFINITIONS
10. The term "DOJ" shall refer to the United States Department of Justice.
11. The terms "facilities" and "secure juvenile facilities" refer to the Jetson Correctional Center for Youth (JCCY), the Swanson Correctional Center for Youth—Monroe (SCCY), the Bridge City Correctional Center for Youth (BCCY), the Swanson Correctional Center for Youth—Madison (SCCY-M) (formerly known as the Tallulah Correctional Center for Youth), the Juvenile Reception and Diagnostic Center ("JRDC"), and any other facility used for the housing of juveniles owned or operated on behalf of the State during the operation of this Agreement, but excluding juvenile detention facilities.
12. The term "intake" refers to the day that the individual arrives at the reception and diagnostic center for admission into the secure juvenile facilities.
13. The term "juvenile" refers to any juvenile who has been adjudicated delinquent and is residing at any facility during the operation of this Agreement.
14. The term "Plaintiffs" refers to the non-governmental agency private plaintiffs in Williams v. McKeithen, Civ. No. 71-98 (M.D.La.); Brian B. v. Stalder, Civ. No. 98-0886-B-1; A.A. v. Wackenhut Corrections Corporation, Civ. No. 00-246-C-M1; and the suits entitled In Re: Juvenile Facilities, Civ. No. CH 97-MS-001-B; In Re: Tallulah Correctional Center for Youth, Civ. No. CH 97-0665-B-M1; In Re: Jetson Correctional Center for Youth, Civ. No. CH 970666-B-M1; In Re: Swanson Correctional Center for Youth, Civ. No. CH 97-0667-B-M1; In Re: Louisiana Training Institute—Bridge City, Civ. No. CH 97-0668-B-M1; and In Re: Jena Juvenile Justice Center, Civ. No. CH 98-0804-B-M1.
15. The term "serious mental illness" shall include disorders of mood and cognition (with the exception of mental retardation) that significantly interfere with functioning in at least one essential sphere of the juvenile's life, e.g.: psychotic disorders, mood disorders, the aggressively mentally-ill, and juveniles who exhibit self mutilating or suicidal behavior.
16. The term "mental retardation" refers to significant subaverage intellectual functioning with an Intelligence Quotient (IQ) of 70 or below with concurrent deficits or impairments in present adaptive functioning in at least two of the following areas: communication, self care, home living, social/interpersonal skills, use of community resources, self-direction, functional academic skills, work, leisure, health and safety, with onset before age eighteen.
17. The term "Provider" shall refer to a department, agency or division of Louisiana state government with particular expertise in the provision of medical, dental, and mental health care contracted by DPSC to provide medical, dental, and mental health care to juveniles.
18. The term "serious injury" means any injury that threatens a juvenile's life or limb, or one that requires urgent treatment by a doctor, or severely restricts the juvenile's usual activities, or requires follow-up by a doctor.

19. The term "State" shall refer to the Governor, the Secretary of the DPSC, the Secretary of the Department of Health and Hospitals and all Departments and Agencies of the State of Louisiana, and their employees, agents, contractors, and successors, who are wholly or partially responsible for the care of juveniles confined in the juvenile facilities, with the understanding that the Governor's obligations under this Agreement have been delegated to the Secretary of the DPSC.
As used in this Agreement, the term "State" shall not include or mean the 949*949 Board of Supervisors of Louisiana State University and Agricultural and Mechanical College ("LSU") or any of the institutions under its management or supervision. Notwithstanding any other language or provision contained in this Agreement, this Agreement shall not be construed to create any obligations flowing from Provider or LSU to Plaintiffs or DOJ. As used in this Agreement, the "State" shall not include the City of Tallulah or LaSalle Parish Hospital District Number 2.
III JUVENILE JUSTICE
A. Protection from Abuse and Violence
20. The State shall establish and implement policies and procedures for the purposes of providing juveniles with safe and humane living conditions, protection from physical, sexual, and mental abuse by facility staff, and from juvenile-on-juvenile violence and sexual abuse, and other forms of victimization (such as "strong-arming").
21. The State shall continue to advise all staff and juveniles on a regular basis that violence will not be tolerated and that the following conduct by either staff or juveniles is strictly prohibited in all of the facilities and will result in disciplinary sanctions and referral for criminal prosecution, where warranted: (a) sexual abuse, (b) physical abuse, (c) emotional abuse, (d) corporal punishment, and (e) staff permitting, enticing, or inducing juveniles to assault each other. The State shall also immediately inform juveniles and staff that those who report alleged abuse will be protected from retaliation.
22. Within two months of the effective date of this Agreement, the State shall require all mandatory child abuse reporters at the facility to acknowledge their obligation in accordance with State law to report suspected child abuse and inform all mandatory reporters of the office and telephone number to which such suspected abuse should be reported. The State's obligation under this section will be discharged upon obtaining employees' signatures acknowledging their understanding. "Acknowledgment" training will be provided annually to all mandatory child abuse reporters.
If the Louisiana Department of Social Services contacts the State regarding an allegation of abuse, the State will insure that the allegation has been, or is being, investigated.
23. The State shall ensure immediately that all juveniles have adequate means to report abuse, including at a minimum, providing the juveniles with direct and confidential access to the Project Zero Tolerance ("PZT") Hotline. The State shall ensure that all calls to the hotline are reviewed at a minimum twice daily by supervisory investigators.

Within two months of the effective date of this Agreement, the State shall ensure that there are at least two fully operational telephones in each of the housing units, at least one operational telephone in each counselor's office, and at least one operational telephone in the infirmary that juveniles may use to place a PZT call. The State shall ensure that a maintenance order is placed within one business work day for every juvenile telephone that is in need of repair and will make best efforts to ensure that the phone is repaired as soon as possible.
24. Within one month of the effective date of this Agreement, the State shall ensure that: (a) every juvenile who reports to a facility infirmary with an injury or pain shall be questioned by a health care staff, outside the hearing of officers or other juveniles, regarding the cause of the injury or pain; and (b) if in the course of the juvenile's infirmary visit abuse is alleged or health care staff suspects abuse, the health care staff shall call the PZT Hotline following delivery of necessary medical care and adequately 950*950 document the matter in the juvenile's medical record, fill out an incident report, and log the PZT call in the infirmary log.
25. Within three months of the effective date of this Agreement, the State shall ensure that any allegation or incident involving neglect, abuse, excessive use of force, use of any type of chemical restraint, or incident/accident resulting in serious injury is adequately reviewed, investigated, and documented in a timely manner. If a full investigation (see ¶ 26 a—i) is not warranted, then the reasons why a full investigation is not conducted shall be documented in writing. In cases where a juvenile withdraws an allegation, the investigators shall record the investigation on the log, conduct a preliminary investigation to determine the circumstances and reasons for the withdrawal, and in cases where it is warranted, complete the investigation of the abuse allegation. In no case shall an investigator do an investigation on an incident in which he or she was personally involved. Whenever practicable, PZT Investigators will interview juveniles outside of school hours; however, a juvenile may be removed from school by a PZT investigator as part of a PZT investigation, and the State shall not be required to comply with all academic and vocational program participation requirements for that juvenile for that day.
A letter confirming the outcome of the investigation shall be sent to parents/guardians or other close family members when those persons have identified themselves at the time of referral and have provided a mailing address.
26. The State shall promulgate and implement system-wide policies for the investigation of allegations of neglect, abuse, excessive use of force, and incidents and/or accidents resulting in serious injury. The policies shall identify the types of actions that normally would be taken in such an investigation including:
a. Taking photographs of all visible injuries;
b. Securing, examining and photographing all physical evidence;
c. Interviewing the alleged victim and perpetrator in individual, private, in-person interviews with a record made of the substance of the interview (written statements by staff or juveniles shall not be substituted for personal interviews);

d. Identifying and interviewing privately, separately and in-person, all possible witnesses, including other juveniles and staff in the building or unit at the time of the incident;
e. Examining the juvenile's and staff member's institutional, personnel and other records, including any prior allegations of abuse against the staff person whether substantiated or not;
f. Staff and juvenile witnesses to the alleged abuse are not, at any time after an incident, questioned or interviewed by staff who due to their assignments and/or relationship with the alleged perpetrator have or appear to have a conflict of interest in investigating the allegation;
g. Whenever there is reason to believe that a juvenile may have been subjected to physical sexual abuse, the juvenile is examined by non-DPSC health care personnel with special training and experience in conducting such assessments;
h. For all investigations not completed within ten working days, notification detailing the need for additional time and an estimate of the additional time needed shall be provided to the supervisory investigators; and
i. The investigation makes an explicit determination of whether any facility staff knew of, but did not report, the alleged abuse or provided false information during the investigation.
951*951 27. Every PZT investigation shall result in a written report. The report contents will be appropriate to the extent of investigation required to issue a finding. The report shall explicitly and separately set forth the following as appropriate to the investigation:
a. each allegation of wrongdoing investigated;
b. the name(s) of all alleged victims and perpetrators;
c. the names of all witnesses;
d. the names of all persons interviewed during the investigation;
e. all documents reviewed during the investigation;
f. whether videotapes were examined and, if not, why not;
g. all other sources of evidence considered;
h. all PZT investigations and their results, involving the alleged victim(s) and perpetrator(s);
i. the investigator's findings;
j. the investigator's reasons for his or her conclusion.
A copy of the summary/conclusion of the investigation of a substantiated allegation will be placed into the file of the juvenile who is the subject of the investigation.
28. The State shall employ trained, independent investigators at each facility with adequate experience and training in investigations to accomplish these tasks. The investigators shall

prepare comprehensive written investigation reports, setting forth their complete investigative findings and the basis of their findings. The reports shall be simultaneously forwarded to the facilities' wardens and supervising PZT investigators at Headquarters. These investigators shall report to the wardens of the facilities. If the warden is personally involved in a particular incident, then a PZT investigator assigned from DPSC Headquarters shall conduct the investigation.

29. The State shall employ at least the following number of FTE investigators within 12 months of the effective date of the Agreement:

JCCY

3

SCCY

2

BCCY

1.5

SCCY-M

3

In addition, the State shall employ two supervisory investigators who shall supervise and

assist the investigators and who shall monitor all calls made to the PZT Hotline. The

supervisory investigators shall report to the Office of the Secretary and shall implement

policies and procedures for the investigation of allegations of neglect, abuse, violence,

excessive use of force, and serious injury system-wide.

30. Within three months of the effective date of this Agreement, the State shall ensure that:

a. all employees or contractors against whom physical abuse or sexual misconduct is substantiated shall be appropriately processed through a performance appraisal action or disciplinary action.
Where significant physical abuse or sexual misconduct is substantiated, or where there is a pattern of substantiated abusive behavior, the employee or contractor shall be terminated and shall not knowingly be employed at another secure juvenile facility;
b. allegations of criminal sexual misconduct and physical abuse by staff resulting in lacerations requiring sutures, fractures, serious injuries, or death are referred for evaluation of the appropriateness of criminal prosecution to state authorities, the United States Attorney's Office in the district in which the facility is located, and the Criminal Section of the Civil Rights Division of the Department of Justice; and
c. Any staff member under investigation for physical abuse or sexual misconduct 952*952 shall be separated from any contact with juveniles or placed on leave if the State has a reasonable basis to believe that abuse or sexual misconduct warranting termination of employment may have occurred.

31. The State shall keep records of the results of every PZT investigation at the facility and in a central registry maintained by the State. These records shall be maintained in a manner that permits investigators and other appropriate personnel to easily access every PZT investigation involving a particular staff member or juvenile. A copy of the summary/conclusion portion of every PZT investigation substantiating misconduct by staff shall be permanently placed in the staff member's personnel record.

32. Within nine months of effective date of this Agreement, the State shall establish the Multiple Allegation Database (MAD). This database will be used to screen for staff with multiple allegations to determine those whose behavior may need to be modified.
a. The MAD shall collect and record the staff's complete name, the date of each allegation of abuse or misconduct against the staff, the date each alleged event occurred, the name of the staff or juvenile making the allegation of abuse or misconduct against the staff, the identifying number of the investigation done in response to the allegation, the outcome of the investigation, and the discipline, training, or counseling imposed or mandated as a result of the investigation, if any.
b. The MAD shall be maintained during the staff's employment and for five years after the staff leaves employment.
c. The Youth Programs Compliance Division shall review staff with three or more allegations of abuse or misconduct relating to safety or welfare of juveniles within a two-year period and, if warranted, take appropriate follow-up action (such as meeting with the staff, recommending remedial training, counseling, transfer, re-assignment, or disciplinary action).
33. As part of each PZT investigation, investigators shall examine the PZT investigation history of the parties involved in the current investigation. This shall include reference to the central PZT registry maintained by the State.
34. The State shall document in the personnel record of every person hired after the entry of this Agreement that the facility has consulted the facility records and the central PZT registry to determine whether the candidate has ever been the subject of a substantiated PZT investigation at any facility in the State and to review any other complaint history.
35. No facility may knowingly hire any individual who has had an allegation of abuse substantiated against him or her that resulted in termination of employment or resignation to avoid termination. In addition, the MAD shall be checked as part of the pre-employment review process. And, to the extent possible, the MAD shall be updated within 180 days of creation to include all cases of substantiated abuse that resulted in termination or resignation to avoid disciplinary action within the previous 365 days.
36. Within four months of the effective date of this Agreement, the State shall confirm that criminal background checks, as described herein, have been completed on all existing staff and the State will complete criminal background checks on all prospective employees and existing employees whose background check does not conform to the requirements of this paragraph. A background check shall include checking with the National Crime Information Center and the Louisiana Computerized Criminal History system. The State shall complete 953*953 the above checks on all prospective employees before they have any contact with juveniles. Additionally, finger prints of all employees, existing and prospective, shall be submitted to the State Police in accordance with the Louisiana Child Protection Act. The State shall take appropriate action to protect the welfare and safety of the juveniles based upon the information obtained from the checks. By April 1, 2002, the State shall provide the United States with information identifying all correctional officers employed on March 15, 2002 in a manner sufficient for the United States to review each officer's arrest and conviction records through the National Crime Information Center. During the Private

Plaintiffs' and the United States' compliance tour, the State shall provide to the United States evidence of the specific personnel action taken regarding any employees identified by the United States with criminal convictions or arrest records.

37. Within 12 months of the effective date of this Agreement, the State shall install roundthe-clock closed circuit video cameras in the following areas of Louisiana's juvenile facilities: common areas of administrative segregation/single cell housing units, common areas of medical care areas, dining halls, dormitory sleeping areas, and dormitory day rooms. Cameras will be positioned in order to eliminate and/or reduce blind spots. The system shall record video from each camera at a rate of not less than 7.5 frames per second. All tapes shall be retained for a period of 50 days, except that any tape recording of an incident that is the subject of a(1) PZT investigation, (2) referral for prosecution or actual criminal prosecution, (3) civil lawsuit, or (4) request by counsel for an investigation to be conducted or for the tape to be retained shall be maintained indefinitely. PZT investigators shall review at least 12 hours of random videotape footage per month per institution.

38. The State shall not use corporal punishment on juveniles.

B. Staffing/Capacity

39. The State agrees that the juvenile facilities shall be subject to the following population limitations as of the effective date of this Agreement:

Swanson Correctional Center for Youth—Madison Unit Jetson Correctional Center for Youth Swanson Correctional Center for Youth—Monroe Bridge City Correctional Center for Youth

512 600
370[*] 180

a. The State agrees that, within 3 months of the effective date of this Agreement, the capacity of the individual housing units within each of the juvenile facilities will be limited in accordance with the schedule in ¶¶ 40-43.
b. The State may exceed the capacities of residential dorms by two float beds on a temporary basis (up to four days) in order to accommodate transfers or other movements of juveniles within the facility. The State will not, however, increase the capacity of a residential dormitory—even on a temporary basis—if such an increase would 954*954 violate good correctional practice or would violate State Fire Code limitations. The use of float beds under this provision shall not result in an increase of the overall population limit for any facility, as previously set forth in this paragraph.
c. Within 12 months of the effective date of this Agreement, the State shall post correctional officers and/or other direct care workers in housing units as set forth in ¶¶ 40-43. Correctional officers assigned to residential units shall accompany the juveniles housed in those units on a roughly proportional basis throughout the day.
d. Whenever three direct care staff are assigned to a residential unit, at least two of those staff members must be correctional officers.

40. Swanson Correctional Center for Youth—Madison

Dormitory or

Staff

Staff

Cellblock

Capacity 24 hour 3 to 11

--------------------------------------------

Alpha

36

2

1

Bravo

36

2

1

Charlie

36

2

1

Delta

36

2

1

Echo

-

-

-

Foxtrot

36

2

1

Golf

36

2

1

Hotel

36

2

1

India

36

2

1

Montana A

32

2

1

Montana B

32

2

1

Java A

20

2[*]

Java B

20

2[*]

Java C

20

2[*]

Java D

20

2[*]

Kentucky A

20[**]

2[*]

Kentucky B

20[**]

2[*]

Kentucky C

20[**]

2[*]

Kentucky D

20[**]

2[*]

Louisiana A 20

2[*]

Louisiana B 20

2[*]

Louisiana C 20

2[*]

Louisiana D 20

2[*]

TOTAL

512

a. No staffing is required for individual quads of Java, Kentucky or Louisiana if quad is not

occupied.

b. Echo is removed from the capacity count and will be a recreational building.

c. If the population of any dormitory is reduced to 25 or below, then the 3 p.m.—11 p.m. swing shift may be eliminated.

d. On weekends, one full-time staff member (from the above chart) who will receive training appropriate to his or her duties will structure leisure activities for each dorm or cellblock.

41. Swanson Correctional Center for Youth—Monroe

Dormitory or

Staff

Staff

Cellblock

Capacity 24 hour 3 to 11

---------------------------------------------

Holly A

36

2

1/3

Holly B

36

2

1/3

Holly C

36

2

1

Holly D Cypress A Cypress B

36 16[*]
16

2 1[**]
2[**]

1/3

APD

30

3

Mimosa

36

2

1

Pecan

36

2

1

Willow

36

2

1

Red Bud

36

2

1

McKoin

36

2

1

TOTAL

370

a. If the population of any dormitory except the APD is reduced to 25 or below, then the 3

p.m.—11 p.m. swing shift may be eliminated.

b. On weekends, one full-time staff member (from the above chart) who will receive training appropriate to his or her duties will structure leisure activities for each dorm or cellblock except that Holly A, B, and D shall be considered one housing unit for purposes of this paragraph.

c. When Cypress A converts to the mental health unit, an additional 24-hour post will be added and the 16 hour rover post will be eliminated. 955*955 The overall capacity will then increase from 370 to 386 beds.

42. Bridge City Correctional Center for Youth

Dormitory or

Staff Staff

Cellblock

Capacity 24 hour 3 to 11

------------------------------------------

Open Dorm

20

2

Brown

50

3

Kennedy

30

2

1

Lincoln

40

2

1

King

40

2

1

TOTAL

180

a. If Brown Dormitory is reduced to 36 or below, staffing may be reduced to two 24-hour

posts and one 3 p.m.—11 p.m. post.

b. On weekends, one full-time staff member (from the above chart) who will receive training appropriate to his or her duties will structure leisure activities for each dorm.

43. Jetson Correctional Center for Youth

Dormitory or

Staff

Staff

Cellblock

Capacity 24 hour 3 to 11

--------------------------------------------

Rosebud

52

3

Ivy Leaf

52

3

Ivy Leaf

8[**]

1

Oakwood

40

2

1

Willowwood

40

2

1

Maplewood

40

2

1

Elmwood

40

2

1

Magnolia

40

2

1

Evergreen

40

2

1

Walnut

42

2

1

Pinecrest

40

2

1

Alpha

50

3

Bravo

50

3

Hunt

50

3

Delta A

12[**]

1[*]

Delta B

12

1[*]

Delta C

12

1[*]

TOTAL

600

a. If the population of any dormitory is reduced to 25 or below, then the 3 p.m.—11 p.m.

swing shift may be eliminated.

b. If the population of Rosebud or Ivyleaf is reduced to 36, then one of the three 24-hour posts may be eliminated but one 3 p.m.—11 p.m. staff member shall be added.

c. On weekends one full-time staff member (from the above chart) who will receive training appropriate to his or her duties will structure leisure activities for each dorm and cellblock.

44. Except as provided below, the State shall not permit correctional officers working in juvenile housing units to work more than 120 hours in any 14-day period, nor more than 5 consecutive days. During an emergency, the Warden may initiate a variance to this paragraph. The definition of emergency shall not include problems associated with understaffing.
45. Within three months of the effective date of this Agreement, the State shall develop a plan, timetable and performance objectives for reducing turnover and vacancy rates for direct care staff. The State shall make their best efforts to reduce the annualized turnover rate of direct care staff in each facility to below 100%, and the State shall make their best efforts to maintain the number of vacant positions in each facility at no more than 15% of budgeted positions within six months of the effective date of this Agreement. The State shall make their best efforts to reduce the annualized turnover rate of direct care staff in each facility to below 50%, and the State shall make their best efforts to maintain the number of vacant positions in each facility to no more than 5% of the budgeted positions, within one year of the effective date of this Agreement.

1. Direct Care Staff Training

46. Within 23 months of the effective date this Agreement, the State shall ensure that all staff who have direct contact with juveniles are adequately trained and can demonstrate competence in the following areas:
a. stages of adolescent development;
956*956 b. communication skills, including specific instruction on verbal de-escalation techniques;
c. behavior management and the management of aggressive behavior;
d. basic training relating to juveniles with mental health issues, including recognizing signs of mental retardation, developmental disabilities and mental illness and appropriate methods of interaction with such juveniles; grief and loss among juveniles; and measuring and monitoring behavior changes;
e. crisis prevention and intervention, including the prevention and intervention in suicidal behavior and self-mutilation;

f. basic Constitutional and legal rights of juveniles in juvenile facilities;
g. report writing;
h. basic training relating to medical care, including basic medical terminology; recognizing and responding to seizure disorders; common side effects of prescription and nonprescription medication; and confidentiality of medical information;
i. the physical and emotional needs of pregnant residents (for staff working with female juveniles);
j. universal precautions to prevent infection with TB and AIDS;
k. certification in first aid and cardiopulmonary resuscitation;
l. accommodations needed for mentally ill and physically or developmentally disabled juveniles;
m. fire safety and evacuation procedures and conducting of regular emergency evacuation drills;
n. use of force policy; and
o. Project Zero Tolerance and the grievance system.
47. Within 23 months of the effective date of this Agreement, all direct care staff and all case workers shall be taught effective, non-punitive ways to manage juveniles. Case workers shall have a working knowledge of the rehabilitative and/or mental health treatment plans of the juveniles in their care. Direct care staff shall be provided enough information by caseworkers regarding treatment and/or rehabilitative issues of the juveniles in their caseload to facilitate the direct care staff's supervision of the juveniles.
48. Within 23 months of the effective date of this Agreement, the State shall ensure that all staff who have regular and routine contact with juveniles are adequately trained concerning the standards for physical management of juveniles and what constitutes abuse.
a. Employees will take all reasonable steps to minimize situations requiring a use of force and to minimize the amount of force used in those situations. When possible, actions other than use of force, such as staff presence, verbal directions and warning, crisis intervention techniques, and passively removing a juvenile from an area of group activity without the use of physical handling, will be used;
b. Force will be used only as a last resort to control the juveniles;
c. The amount of force used will be proportional to the threat to which it is a response and cease when the resistance ceases;
d. Force may be used only:
i. To prevent an escape;

ii. To prevent an act which could result in death or severe bodily harm to the juvenile or another person;
iii. To defend one's self or others against a physical assault;
iv. To separate participants in a fight;
v. To prevent substantial damage to property; and
vi. When necessary, to enforce legal orders and instructions.
957*957 e. Whenever possible, force will not be used against juveniles with mental illness or mental retardation before appropriate medical, mental health, or counseling personnel can be called to the scene.
f. The first action taken to gain control will be direct, verbal instructions to cease the behavior, unless the employee perceives that life or health will be jeopardized, or that there is a substantial threat to security.
g. When determining the need to use force, factors to be considered include but are not limited to: lack of appropriate response to repeated direct orders and other efforts to temper the situation, severity of the situation and/or behavior, threat to self or others, and disruption to the unit or program.
The State shall ensure that within twenty-three months of the effective date of this Agreement and presentation to the Plaintiffs, the DOJ and the Court Expert of the training course material, all staff who have contact with juveniles shall attend a competency-based training course in restraint methods that will include passive restraint methods. Failure of existing staff to successfully complete the program will result in adverse performance appraisal action and the training will be rescheduled. The State will use the performance appraisal to remove staff who repeatedly fail to meet the requirements of this paragraph. Newly recruited or hired staff must successfully complete the training prior to having any contact with juveniles. The training program shall be tailored to adolescent correctional populations, rather than adult correctional populations, and will include communication techniques, basic counseling, conflict resolution, therapeutic interventions, and the physical and emotional needs of adolescents in addition to other accepted physical management techniques. The material for the course shall be presented to the Court Expert, the DOJ and Plaintiffs for review prior to adoption.
49. All new correctional officers shall receive a minimum of 120 hours of preservice training. All other new staff shall receive a minimum of 40 hours of pre-service training. All staff with regular or daily contact with juveniles, including correctional officers, shall receive an additional 40 hours of training each year. Staff with minimal contact with juveniles such as clerical/office staff shall receive an additional 16 hours of training each year. Pre-service training and annual training will include topics as described in ¶ 46. Under no circumstances shall newly recruited or hired direct care workers be assigned to supervise juveniles until they have successfully completed competency based testing in all of the areas of training set forth in ¶ 48. This shall not apply to supervised on-the-job training. Correctional officers who transfer from adult institutions to juvenile institutions must complete the components of training related to juveniles prior to assuming their duties. Failure of existing staff to

successfully complete the program will result in adverse performance appraisal action and the training will be rescheduled. The State will use the performance appraisal system to remove staff who repeatedly fail to meet the requirements of this paragraph. The State shall meet the requirements of this paragraph within twenty-three (23) months of the effective date of this Agreement.
2. Positive Behavior Management/Discipline
50. The State shall develop and implement within 23 months of the effective date of this Agreement a uniform positive behavior management system for juveniles in the facilities. The system shall be designed to provide incentives for positive behaviors and shall define specific disciplinary consequences for 958*958 specific negative behaviors. The system shall be explained orally and in writing to all juveniles during the intake and orientation process. The explanation will include discussion of the adverse effects on early release consideration that Schedule B disciplinary reports can have.
51. Within 23 months of the effective date of this Agreement, staff shall be instructed and trained to address minor behavior problems through informal counseling and the use of the positive behavior management system (including through the withdrawal of privileges).
52. Upon receipt of a Schedule B disciplinary report, a juvenile shall have an opportunity to meet with a designated staff member to discuss the disciplinary report. The designated staff member shall offer to aid the juvenile in any disciplinary hearing on the disciplinary report and shall provide such assistance if asked.
53. Every juvenile who receives a Schedule B disciplinary report shall receive a disciplinary hearing pursuant to disciplinary procedures as promulgated by the DISCIPLINARY RULES AND PROCEDURES FOR JUVENILE OFFENDERS, First Edition, 1993 as amended by memo of November 19, 1996, except as modified by this document. The polices and procedures shall include:
a. Written notice describing the alleged violation(s);
b. Impartial hearings before a disciplinary committee consisting of two employees representing different programs of the institution. The disciplinary committee shall not include any staff person who was involved in the issuance of the disciplinary report. The entire hearing shall be held in private and tape recorded and shall result in written findings of fact and disposition. The tape shall be kept indefinitely;
c. Right to an appeal.
C. Classification
54. The State shall issue and enforce classification criteria regarding housing assignments. The criteria shall include applicable risk factors based on age, gender, maturity, size, offense history, institutional behavior and/or program participation, offense, education, mental health history and any special needs of the juveniles.

55. Staffings shall be used to develop reports to courts of continuing jurisdiction, updating of the case plan, and (except for STOP/LITE/juveniles and juveniles sentenced under provisions of Louisiana Children's Code Article 897.1) determining if a juvenile has met the guidelines for or should otherwise be considered for a recommendation for reassignment, release, or discharge from a secure setting. Staffing determinations/recommendations shall be based upon guidelines which primarily consider treatment protocols and/or continued treatment provided through community/non secure programs, custody level, progress in institutional educational, vocational treatment programs and/or approved educational/vocational and exit plans.
Staffings shall be held in private and shall normally be attended only by those staff involved in the staffing. Other staff such as the case worker's supervisor, Warden or other administrators may attend as deemed necessary for supervision/observation purposes. Each staffing shall be attended by the case worker and at least two of the following individuals: one of the juvenile's teachers (who shall be the juvenile's special education teacher if the juvenile is receiving special education services), the school's guidance counselor/school psychologist/school social worker, a security staff member who supervises the juvenile in the juvenile's living unit; a mental health professional providing individualized services to the juvenile; or a 959*959 member of the medical staff who is familiar with the juvenile's medical care if the juvenile is receiving on-going medical treatment (e.g., for chronic health care needs). If not represented at the staffing, written comments or reports shall to be used in the staffing to ensure that education, medical, mental health and security activities are considered. The juvenile shall be encouraged to attend and participate in the discussion. If a juvenile is not making progress, the treatment team shall discuss strategies for addressing the impediments to progress and shall modify the treatment plan accordingly.
56. Any decision that results in an extension of time a juvenile must spend in a short term program or results in removal from a short term program shall be personally reviewed by the facility warden, deputy warden or assistant warden who shall review the relevant documentation prior to determining whether to approve the decision for the extension. Notice and reasons for the extension will be provided to the court of jurisdiction and the juvenile's last known attorney of record.
57. Within 23 months of the effective date of this Agreement, the DPSC shall develop and implement guidelines for the placement of juveniles in specialized behavior management units and such guidelines shall take into account the medical and mental health status of the juvenile, and shall provide, at a minimum:
a. For the criteria by which a juvenile can be initially transferred to such a unit, which shall include a hearing;
b. For documentation of all reasonable less restrictive alternatives attempted before the decision was made to place a juvenile in such a unit, unless the severity of the offense indicates otherwise;
c. For the development of a written, individualized and detailed program plan that shall set forth measurable short-term goals and concrete criteria for the juvenile's removal from the unit and be provided to the juvenile. The State shall attempt to complete the program plan within 72 hours of placement, exclusive of weekends and holidays;

d. Appropriate programming for special needs juveniles placed in these units;
e. That the warden of a facility approve the decision to transfer a juvenile to such a unit. Where such assignment results in a transfer to a different facility, it must be approved by both wardens, where applicable, or by the Assistant Secretary of the Office of Youth Development if the wardens do not agree.
f. DPSC shall provide to the Provider a list of juveniles transferred to a specialized behavior unit.
D. Access to Courts
58. The State shall establish and implement policies and procedures to assure that:
a. juveniles have meaningful access to telephones for privileged communications with their attorneys.
b. juveniles have meaningful and confidential attorney-client communications through the mail. No privileged mail shall be opened except by the intended recipient except that correspondence may be opened for contraband if it is opened in the presence of the juvenile.
c. The State shall provide adequate paper, pens/pencils, envelopes and postage to indigent juveniles for legal communications.
d. A juvenile's right to confidential communications with attorneys is protected.
59. Within four months of the effective date of this Agreement, the State shall fund three new staff attorney positions 960*960 and three new paralegal positions for the Louisiana Indigent Defense Assistance Board, which positions shall be dedicated to representing juveniles in secure custody in connection with appeals of their adjudications and modifications of their disposition. These attorneys and paralegals may also assist juveniles in secure facilities by referring those juveniles to other attorneys for possible representation in pursuing claims arising out of their conditions of confinement.
60. The State shall cooperate with attorneys representing juveniles in secure facilities in making those juveniles' institutional records available in connection with any appeal or modification of their dispositions.
E. Chemical Agents
61. Upon execution of this Agreement, the only chemical agent that may be kept or used shall be 100% OC spray. Only the Warden, Deputy Warden or Assistant Warden, or when they are not present at the facility, the highest ranking officer at the facility, shall be permitted to authorize the use of the spray. The authorizing Warden or officer must be present at the use of the spray. They may not delegate this authority to any other person. Only employees specifically trained in the use of chemical spray shall be permitted to use the spray. The chemical spray shall not be intentionally sprayed in the face of any juvenile.

Employees shall be trained to not intentionally spray juveniles in the face. The State shall ensure that the Warden, Deputy Warden or Assistant Wardens are trained in the correct use of these sprays to prevent excessive exposure, the hazards associated with such sprays, and the first aid response to exposure situations. Within two months of the effective date of the Agreement, all use of chemical agents shall be videotaped, with sound recording, and the tape of the incident shall be maintained for the duration of this Agreement for inspection by the Plaintiffs, the DOJ, and the Court Expert. The State shall ensure that the chemical spray is only used under the following terms:
a. Chemical agents shall not be used except under the conditions set forth below and with prior approval, after personal observation of the situation, from the Warden, Deputy Warden or Assistant Warden if one of these officials is at the facility. If the Warden, Deputy or Assistant Warden is not at the facility, prior approval may be given, after personal observation of the situation, by the highest ranking security officer on duty at the facility. However, such approval shall not be required in the case of a large-scale disturbance (such as an attempted mass escape) that poses an imminent danger to the public, staff or other juveniles, so long as in such an event the Warden, Deputy or Assistant Warden is notified as soon as practicable;
b. Chemical agents shall not be carried on the person of any individual. Chemical agents shall not be stored in any cellblock or living area, but shall be securely stored in a separate location. Chemical agents shall not be removed from this secure storage area unless (1) for use in staff training (2) for product disposal or (3) as authorized pursuant to subsection (a) in response to a situation described in subsection (c), provided however that the authorizing official need not make a personal observation of the situation prior to authorizing the removal of the chemical agents from the secure area.
c. Chemical agents shall only be authorized when:
i. A juvenile is posing a direct and immediate threat of injury to staff or another juvenile;
ii. The juvenile is creating a sustained disturbance that jeopardizes 961*961 the effective monitoring and supervision of the unit to the extent that the safety of juveniles or staff is endangered, which persists despite efforts to de-escalate without the use of chemical agents, and the use of chemical agents is the only means to avoid a physical confrontation that would likely result in injury to juveniles or staff; or
iii. The use is necessary to prevent an escape.
The State shall ensure that exposed juveniles are seen by medical staff whenever spray is used. The State shall ensure that juveniles with known chronic respiratory conditions (including asthma) are not subjected to chemical spray. However, this shall not prohibit the use of chemical spray when it is necessary to prevent or quell a large scale disturbance where such juveniles are present. In no event shall staff use a chemical spray as punishment, discipline, retaliation, for the purpose of inflicting pain, for staff's convenience, or after handcuffs have been applied.
62. Every usage of chemical spray shall be documented in a chemical agent report and every removal shall be documented in a log maintained for this purpose. The chemical agent report shall describe the behavior of the juvenile with sufficient particularity to enable

a reviewer to determine independently whether the above requirements of ¶ 61 have been complied with (i.e., the documentation shall not simply restate, paraphrase or refer to the above conditions warranting use of chemical spray).
63. A copy of the Accident and Injury Report ("A & I") and UOR shall be placed in the file of the juvenile against whom the chemical restraint was used.
F. Mechanical Restraints
64. Within two months of the effective date of this Agreement, the State shall not use mechanical restraints except under the following circumstances. The use of mechanical restraints shall be limited to the minimum period of time necessary to enable the juvenile to gain control of his behavior. When a handcuff belt is not used, handcuffs shall be applied behind the back in a manner to minimize the risk of injury to the juvenile and the staff person responsible for supervising the juvenile.
The State shall not use mechanical restraints except under the conditions set forth below:
a. For transportation of juveniles outside the facility, the State may use handcuffs, leg irons, and/or handcuff belts;
b. For movement of juveniles within the facility, no mechanical restraints shall be used except under the following conditions. Handcuffs and/or a handcuff belt may be used if the facility has documented that the juvenile poses a current escape risk or has engaged in a recent pattern of assaultive behavior toward staff or other juveniles, as determined and authorized by a ranking security shift supervisor. Leg irons may only be used for transportation within the facility if the conditions of subparagraph (d) are met;
c. For movement of juveniles within the facility to transport a juvenile from general population to a restrictive housing area after a fight or other serious incident, handcuffs and/or a handcuff belt may be used;
d. For control of a juvenile who, after less restrictive measures have not been successful, continues to engage in aggressive or assaultive behavior that is a clear and present danger to the juvenile, another juvenile, staff, or the security of the facility, a handcuff belt, and/or leg irons may be used. In this instance, such use of mechanical restraints shall require continuous 962*962 one-on-one physical supervision and must be approved by the ranking supervisor (Captain or higher) on duty at the facility. The staff person shall ensure that the physical needs of the juvenile are met promptly;
e. For intra-facility movement of juveniles in administrative segregation for disciplinary reasons, handcuffs and/or a handcuff belt, may be used.
Although a routine medical examination after the use of mechanical restraint is not required, immediate medical treatment shall be provided if there is a visual indication of an injury or if the juvenile identifies a specific medical complaint.

No other forms of mechanical restraints may be used (including 4 or 5 point restraints and the handcuff "blackbox"). This, however, does not apply to medical or mental health restraints ordered by a medical or mental health professional.
65. Every use of a mechanical restraint, other than as authorized under ¶ 64(a) and (e), shall be documented. The use of mechanical restraints shall be documented on a UOR or in a log maintained for this purpose. Documentation to reflect compliance with ¶ 64 shall describe the behavior of the juvenile with sufficient particularity to enable a reviewer to determine independently whether the above requirements of ¶ 64 have been complied with (i.e., the documentation shall not simply restate, paraphrase or refer to the above conditions warranting use of mechanical restraints).
66. The State shall promulgate a policy setting forth which staff are permitted to carry mechanical restraints and where all other mechanical restraints are to be stored.
67. Every facility shall maintain inventory log books for all mechanical restraints. One log book shall be kept at each location where mechanical restraints are stored. The log book shall contain the following information for mechanical restraint devices in the facility:
a. A unique identifying number recorded in the log book and on the device (such as a serial number);
b. For every time the device is removed from its storage location:
i. The date and time of its removal;
ii. The name of the person removing the device;
iii. The name of the person authorizing its removal and a brief statement of the reason (e.g., transportation outside the facility);
iv. The date and time the device was returned; and
v. A statement of whether the mechanical restraint was used while the device was checked out.
G. Living Conditions
68. The State shall establish and implement policies and procedures assuring adequate sanitation in the kitchen and eating areas, as well as all living areas. Such policies and procedures shall include:
a. The provision of cleaning supplies on a daily basis in order that the living and sleeping areas may be cleaned;
b. Regular, daily cleaning of the shower and toilet area of each dormitory and cellblock;
c. Thorough daily cleaning, using accepted institutional methods, of the kitchen and eating areas.

69. Within twelve months of the effective date of this Agreement, female staff shall not regularly or routinely view male juveniles toileting or showering and male staff shall not regularly or routinely view female juveniles toileting or showering unless the affected shower and toilet areas screen the genital areas of juveniles showering and using the toilet.
70. The State shall provide adequate personal hygiene items to juveniles, including 963*963 sufficient soap, shampoo, hair brushes or combs, toothbrushes, toothpaste and deodorant for daily hygiene needs.
71. The State shall establish and implement policies and procedures assuring that each juvenile has sufficient and appropriately cleaned clothing.
72. The State shall make best efforts to insure that all living units at SCCY-M are climate controlled by October 31, 2000, and will give notice with an explanation if the project is not completed on time.
73. Upon the effective date of the Agreement, the State shall provide for at least one hour of outdoor exercise, weather permitting, including weekends and holidays to each juvenile except when:
a. contra-indicated for medical reasons; or
b. a juvenile in administrative segregation continues to present an immediate danger to others. Utilization of provision (b) shall require the approval of the Warden/Deputy Warden, or Assistant Warden. In the absence of the Warden/Deputy Warden or Assistant Warden, application of provision (b) may be authorized only by the highest ranking officer at the institution.
Within 12 months of the effective date of this Agreement, each facility shall provide adequate recreational equipment and activities adapted for special needs juveniles.
Each facility shall provide adequate recreational equipment. Adequate indoor recreational opportunities shall be provided in the event of inclement weather.
The State shall maintain information in logbooks in dormitories, cellblocks, school and the infirmary to record outdoor exercise activities.
H. Cell Restriction
74. Locking a juvenile in a room for prolonged periods of time, except during sleeping hours (cell restriction), shall occur only in three contexts — administrative segregation, protective custody, and removal from regular programming. Use of cell restriction in these contexts shall be governed by the requirements set forth below, provided, however, that all staff training to fully implement parts (a)(iv), (a)(ix), and c(v), may not be completed until 23 months after the effective date of this Agreement.
a. Administrative Segregation

i. Juveniles can be placed in the administrative segregation unit only when their continued presence in general population poses a threat to the safety of the juvenile, staff or other juveniles or is a substantial threat to the security of the institution. This includes activities that are destabilizing or highly disruptive to programming.
ii. Juveniles living in dormitories may only be placed in administrative segregation pending a hearing on their disciplinary charge. Juveniles engaging in suicidal or self-mutilating behavior shall not be held in administrative segregation for behaviors resulting from their conditions.
iii. The State shall ensure that only a staff member of the rank of Lieutenant or higher places a juvenile in administrative segregation. The staff placing a juvenile in administrative segregation shall obtain the approval of the Warden or the Warden's designee as soon as possible.
iv. Staff shall make visual contact with each juvenile in administrative segregation at least every 15 minutes (or more, depending upon the juvenile's emotional state) and otherwise monitor the condition of each juvenile. Staff shall record essential information about each juvenile in administrative segregation. Staff shall alert mental health staff if a juvenile begins to exhibit symptoms 964*964 of a deterioration in emotional state while in cell restriction in accordance with the guidelines set forth in subparagraph 74(a)(ix).
v. For juveniles held in administrative segregation, disciplinary hearings shall be held every day. A juvenile's disciplinary hearing shall be held within 24 hours or at the first scheduled hearing after the disciplinary writeup. Juveniles may not be subjected to cell restriction as a penalty resulting from a disciplinary hearing.
vi. Juveniles in administrative segregation may be held in cell restriction until calm. Staff shall make all efforts to assist juveniles in administrative segregation to regain control of their behavior. If the juvenile is calm but the security shift supervisor believes that the juvenile will likely be disruptive in programming, he may be excluded from programming. If a juvenile's stay in administrative segregation exceeds 24 hours due to the investigation of a serious incident, the juvenile will be permitted to participate in the 7½ hour programming schedule unless he is a danger to others. The daily time out of cells shall not be contingent upon any planned or scheduled programming available to the juvenile.
vii. Programming for juveniles in administrative segregation may only be ended if the juvenile engages in the behaviors listed in subparagraph 74(c)(iii).
viii. A juvenile in administrative segregation shall be routinely provided with reading and writing materials unless his current behavior indicates that possession of such materials would be a danger to the health of the juvenile or others.
ix. Juveniles with mental retardation or serious mental illness shall be assessed and treatment rendered if clinically indicated within three hours of being placed in administrative segregation (if the juvenile remains in administrative segregation). The assessment shall be conducted by a licensed qualified mental health professional ("QMHP") on-call, on-site at the facility.
After regular business hours, weekends, and holidays, the on-site nurse will be notified immediately, who will perform the assessment and contact the on-call QMHP via telephone.

If indicated, the on-call QMHP will go the facility for a face-to-face assessment and, if deemed indicated by the QMHP, confer with the psychiatrist on-call.
Based upon the assessment, clinically indicated treatment will be rendered. On-call nurses will be trained to recognize the signs and symptoms of mental illness. In situations when a juvenile is determined to be seriously mentally ill, and a danger to self or others, the juvenile will be placed in a "crisis" bed designated at each facility. Admission to and discharge from crisis beds are by physician orders only. Respite beds will also be designated for those juveniles in need of immediate supervision and intervention secondary to serious mental health needs, although not a level of danger to self or others. Admission to and discharge from respite beds are by physician orders only. In these situations for mentally retarded juveniles and seriously mentally ill juveniles, the mental health treatment team will revise and/or develop a treatment plan, if needed. The treatment plan will consist of written statements which specify a particular course of therapeutic interventions and the roles of the qualified health care personnel.
Crisis and respite beds will be established at each of the juvenile institutions 965*965 within 23 months of the effective date of this Agreement.
b. Protective Custody
i. Juveniles in protective custody shall be visited at least once each day by a mental health professional and shall be clinically assessed and treated as deemed appropriate. On weekends, these functions may be performed by a registered nurse with mental health training.
ii. Juveniles in protective custody shall be permitted to be out of their cells for at least nine hours a day and participate in programming (including recreation) each day.
iii. Programming for juveniles in protective custody may only be ended if the juvenile engages in the behaviors listed in ¶ 74(c)(iii).
iv. Protective custody shall be used as a temporary housing measure in order to allow investigation and/or counseling to determine the factors which resulted in a juvenile's placement in protective custody and shall end when a safe and appropriate housing assignment is available.
c. Removal from Regular Programming
i. The State may not assign a juvenile to cellblock housing without a hearing.
ii. A juvenile who is housed in a cellblock may be removed from programming and placed in his assigned cell only in accordance with ¶ 74(c)(iii) and shall have opportunities to rejoin programming in accordance with ¶ 74(c)(iv). For juveniles who have not been removed from programming in accordance with ¶ 74(c)(iii) the daily time out of cells shall be a minimum of 9 hours and shall occur regardless of whether there is any planned or scheduled programming available to the juvenile.
iii. Program participation may be ended only if the juvenile engages in:
a) Repeated failure to follow orders, where the failure to comply is destabilizing;

b) Repeated interference with staff or other juveniles' duties;
c) Improper sexual behaviors;
d) Fighting;
e) Substantial destruction of property; or
f) Violent conduct that creates an imminent danger to other juveniles or staff.
The decision to remove a juvenile from programming shall be approved by a ranking security staff member Lieutenant or higher and documented in a log.
iv. If a juvenile is removed from programming before noon, the juvenile shall be evaluated by a ranking security shift supervisor before evening recreation to determine whether the juvenile can be permitted to participate in evening recreation. The juvenile shall be permitted to participate in evening recreation unless the ranking security shift supervisor determines that, based on documented interim behavior, the juvenile is likely to engage in conduct described in ¶ 74(c)(iii) and documents the basis for his belief in a log maintained for this purpose; provided, however, that every juvenile shall be permitted an opportunity to participate in programming at the beginning of each day.
v. Juveniles with mental retardation or serious mental illness and who are assigned to a cellblock, who have been removed from regular programming shall be assessed and treated, when deemed clinically appropriate, as soon as possible after they have been denied the opportunity to participate in three consecutive 966*966 opportunities for programming. For example, a juvenile who is not permitted to participate in afternoon, evening, and the following morning's programming shall be reviewed as soon as possible following the denial of the juvenile's opportunity to participate in the morning programming. Such review shall be in accordance with the protocols established in ¶ 74(a)(ix). Subsequent to such review and assessment, a licensed QMHP may recommend release of the juvenile from cell restriction to a respite bed or another location if the juvenile is not currently a danger to others.
75. Within three months of the effective of this Agreement, when a juvenile is placed on cell restriction pending a disciplinary hearing, a copy of the disciplinary report reflecting this action will be placed into the juvenile's file.
IV. MEDICAL, DENTAL, AND MENTAL HEALTH
76. To assist the State in achieving compliance with the terms of this Agreement, effective July 1, 2000, the State shall enter into a three-year contractual relationship with Provider. The Provider shall be agreed to by all parties. During the first year of the three-year contract, the Provider will begin to furnish during the first year, medical, mental health, and dental services for JCCY and JRDC, and quality assurance and monitoring services for the other secure juvenile facilities operated in Louisiana. Provider shall also furnish adolescent behavioral and mental health training throughout Louisiana's secure juvenile system, beginning in year two. The Provider shall also develop a plan for a comprehensive medical, mental health, and dental program at all of Louisiana's secure juvenile facilities. Provider

shall provide comprehensive medical, mental health, and dental services at all of Louisiana's secure juvenile facilities by the end of the second year of the three-year contract. The contract shall be subject to cancellation within the three-year term only if the Legislature fails to approve the necessary funding.
77. The DPSC, acting with and through the Provider, shall develop policies and procedures addressing access to, and delivery of, medical, mental health, and dental services for the juveniles confined in the secure juvenile facilities. These policies and procedures shall meet the standards and requirements of Provider and the terms of this Agreement.
78. The DPSC, acting with and through the Provider, shall assume responsibility for the administration of the delivery of medical, mental health, and dental services at JCCY and JRDC during the first year of the contract. These services shall be provided generally in compliance with the proposal set forth in Attachment A.
79. During year one of the contract, the parties agree that Attachment B would result in medical, mental health, and dental staffing which is adequate for JCCY and JRDC. The parties recognize that Attachment B was designed to reflect a phase-in partial year staffing pattern. If the Provider deviates from Attachment B, the State must nonetheless provide medical, mental health, and dental staffing which is adequate.
The parties agree that Attachment C would result in medical, mental health, and dental staffing which is adequate for JCCY and JRDC. If the Provider deviates from Attachment C, the State must nonetheless provide medical, mental health, and dental staffing which is adequate.
In year one, the current level of medical, mental health and dental services at BCCY, SCCY, and SCCY-M shall not be reduced.
80. Provider shall develop and implement a quality assurance program throughout Louisiana's juvenile facilities which shall comply with the terms of this Agreement. Provider shall develop and implement 967*967 a quality assurance program that shall continuously evaluate the medical, mental health, and dental services programs at all the facilities, identify problems, make recommendations for corrective action and, in collaboration with DPSC, determine whether the recommendations have been followed. The program should include but not be limited to establishment of standards, monitoring of performance, and analysis of deficits. The quality assurance program shall use data provided by DPSC and other sources and shall be based on random sampling. All of the functions will be commenced at all secure juvenile facilities by the beginning of year two of the three year contract. Provider's quality assurance program shall include, but not be limited to, the components listed below:
a. Monitoring compliance with medical, mental health, and dental policies and procedures;
b. Monitoring compliance with the medical, mental health, and dental components of this Agreement;
c. Inspecting a random sample of the medical, mental health, and dental records;

d. Interviewing a random sample of staff, administrators and juveniles at each facility;
e. Monitoring each facility's efforts to prevent suicide;
f. Starting during year three, monitoring the behavior modification program (BMP) to: 1) assess the efficacy of the program and make recommendations for enhancements as deemed appropriate and 2) assess the effectiveness of the training provided the correctional officers including that which is specifically tailored to managing juveniles with serious mental illness, mental retardation, or behavior disorders;
g. Monitoring the treatment of juveniles with serious mental illness or mental retardation in any high security unit;
h. Monitoring the adequacy of medical, mental health and dental documentation at each facility;
i. Performing death reviews;
j. Monitoring serious injuries or hospitalizations resulting from a serious injury or serious illness;
k. Monitoring suicide attempts and self-mutilations;
l. Monitoring medical emergencies;
m. Monitoring outcomes for juveniles treated by Provider at JCCY and JRDC during year two of the three year contract and, in ensuing years, at all facilities; and
n. Monitoring whether juveniles' individualized intervention plans are being implemented.
81. The Provider shall provide all the medical, mental health and dental care for JCCY and the JRDC. The parties agree that Attachment D, E, and F would result in medical, mental health, and dental care which is adequate for JCCY and JRDC. If the Provider deviates from Attachment D, E, or F, the State must nonetheless provide medical, mental health, and dental care which is adequate.
82. The Provider shall plan and implement a system-wide program to supplement the training of all DPSC staff who have direct contact with juveniles, including correctional staff and counselors. The training shall include instruction in adolescent behavior and in identification and response to mental illness and mental retardation. The parties agree that Attachment G would result in training which is adequate. If the Provider deviates from Attachment G, the State must nonetheless provide training in adolescent behavior and in identification and response to mental illness and mental retardation which is adequate and the State shall notify Plaintiffs and the DOJ of all such deviations. Provider shall also supplement the training of all facility investigators concerning investigatory 968*968 techniques used in child abuse investigations.
83. By August 1, 2001, Provider shall provide adequate medical, dental, and mental health professionals and staff in order to comply with all relevant State and Federal laws and regulations for the juvenile population of JCCY and the intake operations of JRDC. By July 1, 2002, Provider shall provide adequate medical, dental, and mental health professionals

and staff in order to comply with all relevant state and federal laws and regulations for the juvenile population of all other juvenile facilities.
84. Within 3 months of the effective date of this Agreement, Provider shall survey the suicide hazards in any area in the juvenile facilities in which juveniles with suicidal or selfmutilating behaviors shall be housed and make recommendations to DPSC to correct the hazards. The State shall either remove any hazards identified by Provider within one month after the inspection or provide written reasons why the hazards will not be removed. Copies of the reasons shall be provided to the Court Expert and Plaintiffs, along with a description of alternative safety precautions that DPSC will make, if any.
85. Juveniles identified with serious medical needs shall be transferred to JCCY as soon as possible, unless security concerns prevent such a transfer. Juveniles with serious mental illnesses shall be transferred to either SCCY or JCCY as soon as possible, unless security concerns prevent such a transfer. DPSC will provide Provider with information on juveniles who have been prescribed more than one psychotropic medication or who have chronic medical conditions.
86. During year one at JCCY and JRDC only and in ensuing years at all facilities, decisions regarding the medical, mental health, and dental care of a juvenile shall be made by Provider. If DPSC determines that a decision by Provider cannot be implemented, DPSC shall provide the reason in writing to Provider, the Court Expert, DOJ, and the Plaintiffs.
87. Provider shall screen and assess all juveniles at intake and make recommendations concerning the needs of each juvenile to be met by the juvenile's individualized intervention plan. DPSC shall develop an individualized intervention plan based, among other things, on Provider's recommendations. Provider's recommendations shall also be provided to the State Director of Education if the assessment includes indicators for a possible special education placement.
88. Based on the outcomes of the screenings and assessments discussed above, within thirty days of intake, Provider shall develop a specific, individualized, goal and outcomeoriented mental health treatment plan for all seriously mentally ill juveniles. Provider shall begin implementation of the treatment plans for these juveniles at JCCY by the end of year one and, in ensuing years, at the other secure facilities. The plan shall address all psychiatric and psychological needs of the juvenile and shall include competency-based treatment goals and objectives. The juvenile's family shall be given the opportunity and shall be encouraged to be involved in the treatment, unless the facility documents with particularity why such participation is likely to be harmful to the juvenile. Individual behavior treatment plans shall be developed and implemented, where the Provider deems it appropriate. The treatment team responsible for implementing the treatment plans shall meet at least every 90 days to assess the efficacy of the plan and make revisions where indicated.
Juveniles removed from school for medical, dental or mental health consultations, examinations or appointments shall be exempt on that day from the provisions of the education settlement regarding specific academic and vocational 969*969 program participation when applicable.

89. During year one at JCCY and JRDC only and in ensuing years at all facilities, Provider shall develop and ensure implementation of appropriate protocols as referred to in Attachments D, E, and F. During year one, the protocols shall be distributed to other facilities as they are developed.
90. If Provider determines that a juvenile's mental health needs cannot be met in DPSC, Provider shall advise DPSC and DPSC has an affirmative obligation to contact the Court with jurisdiction over the juvenile and provide that information to the Court and last known counsel of record in a timely manner.
91. Medical/mental health restraints shall not be used unless specifically ordered by a physician or psychiatrist. Soft or leather restraints, rather than metal mechanical restraints, shall be utilized for this purpose. There shall be no standing orders for medical/mental health restraints. This does not apply to any order by a physician or psychiatrist that is issued in response to an individual juvenile's current medical or mental health condition. Medical/mental health restraints shall be used only in the infirmary under constant supervision and conducted according to current accepted professional standards on medical restraints.
92. Suicide watch shall only be conducted with adequate staff supervision. The infirmary will be used on a priority basis for suicide watch unless the medical needs of another juvenile take priority as determined by a physician. The second priority will be individual rooms that are suicide resistant and are equipped with video surveillance cameras. In the event there is a need for additional beds, these will be jointly identified by DPSC and the Provider.
93. Provider shall make best efforts to hire board eligible or board certified child and adolescent psychiatrists to fill psychiatric staffing positions. In the event that board certified and board eligible child and adolescent psychiatrists cannot be found, psychiatrists with adolescent experience shall be hired, whenever possible. These psychiatrists shall be supervised by board certified or board eligible child and adolescent psychiatrists.
94. Within 3 months of the effective date of this Agreement, DPSC and Provider shall develop and implement procedures for reporting to the Warden and to the Youth Programs Compliance Division any problems with abuse or neglect that they uncover during their duties. Provider staff shall comply with their obligations as mandatory reporters of child abuse as discussed in ¶ 22 of this Agreement.
95. Provider shall not use medical students to fulfill any of their responsibilities under this Agreement. It is not anticipated that Provider will use first-year residents on-site to fulfill any of their responsibilities under this Agreement. Any pediatric second-year resident used onsite shall have on-site staff physician supervision.
96. Juveniles at JRDC who are scheduled for placement in boot camp will be identified to Provider and Provider shall make recommendations to DPSC on the juvenile's suitability for this program, with reference to any physical and mental limitations of the juvenile. DPSC shall implement the recommendations or if they cannot implement the recommendations, DPSC has an affirmative obligation to return to the Court having jurisdiction over the

juvenile to inform the Court and the juvenile's last known counsel of record that DPSC cannot implement the recommendations.
97. For all juveniles who are receiving services from Provider and who are being released, Provider shall provide aftercare planning relevant to the services provided to that juvenile by Provider. This planning will be provided during 970*970 year one at JCCY and JRDC only and in ensuing years at all facilities.
98. By the end of year one at JCCY and JRDC only and by the end of year two at all facilities, Provider's nursing staff shall perform daily sick call in all high security housing units. Provider shall ensure that access to medical care shall not be within the decisionmaking authority of correctional staff.
99. During year two, Provider shall train all existing and new nursing staff concerning when to refer a medical condition to the facility physician.
100. During year two, Provider shall train all staff having contact with juveniles to recognize and respond appropriately to common medical conditions, including, in particular, preservation and transportation of avulsed teeth.
101. Provider shall provide an assessment and timely treatment, when they deem it appropriate, to juveniles who have been identified to Provider as having recently experienced significant trauma either by being sexually exploited by other juveniles or staff or by having physical confrontations with other juveniles or staff. DPSC will provide information as agreed upon with Provider to identify juveniles who may have suffered such trauma.
102. Provider shall develop a crisis bed and a respite bed at each facility in accordance with Provider's facilities plan at JCCY and JRDC and by the end of year two of the three-year contract at all other secure juvenile facilities.
103. By year three, the training provided by Provider will include training for those identified staff who issue disciplinary reports and/or who participate in disciplinary courts and who, therefore, should be trained to make reasonable accommodations for the needs of juveniles with serious mental illness and mental retardation.
104. Correctional staff — and not medical staff of either the Provider or DPSC (including EMT's) — will actually initiate and prepare any disciplinary report for malingering. No juvenile will be disciplined or written up for malingering based on the juvenile's access to the medical care system through emergency or regular sick call, regularly scheduled clinics or physicians' clinics until after the physician has evaluated the patient and determined that the juvenile's complaint or complaints had little or no merit. DPSC's DISCIPLINARY RULES AND PROCEDURES FOR JUVENILE OFFENDERS, First Edition, 1993 shall be revised to be consistent with this provision.
105. Juveniles shall not receive disciplinary reports for refusing to take mental health tests or for refusing to take psychotropic medications.

106. The State shall not discipline juveniles for suicidal behaviors. The State shall not discipline juveniles for self-mutilating behaviors, where those behaviors result from a mental health disorder, mental illness or anxiety or fear over the juvenile's safety. No juvenile shall be disciplined for self-mutilation unless a psychiatrist or psychologist diagnoses malingering based on reasons other than anxiety or fear over the juvenile's safety. In this context, selfmutilation does not include tattooing, body piercing, or similar conduct. Obvious selfmutilations will not result in disciplinary writeups.
107. The State shall ensure that each living unit has a Hoffman 911 tool and that all staff are trained on its location and use.
108. Juveniles shall have a written release plan except in cases where release cannot be reasonably anticipated. The plan must address living arrangements, work or school plans, other needs relevant to the juvenile, and where applicable, follow-up care for medical or mental health needs.
109. Based on the outcomes of the screenings and assessments discussed above or other legitimate sources, juveniles 971*971 with the highest need for substance abuse treatment shall either be scheduled for assignment to a therapeutic environment or other stand-alone or integrated program designed for substance abuse counseling and treatment. All reasonable efforts shall be made to make assignments to these programs as soon as possible, once a juvenile is identified. Parents/legal guardians and family members shall be given the opportunity and shall be encouraged to be involved in the treatment, unless the facility documents with particularity why such participation is likely to be harmful to the juvenile. All other juveniles shall be provided substance abuse education as part of their intervention plan. Substance abuse education and intervention programs shall be modified to accommodate the needs of juveniles with learning or developmental disabilities.
110. Based on the screenings and assessments discussed above, the State shall develop and implement an individualized intervention plan for each juvenile that addresses areas such as education, life skills, medical, and other intervention needs of the juvenile. Implementation of the plan shall begin upon assignment of the juvenile following transfer from JRDC. Under normal circumstances and absent unusual testing or evaluation requirements, transfer should occur by 30 days of intake. The individualized intervention plan shall include meaningful and specific short-term and long-term intervention goals. The juvenile's family shall be given the opportunity and shall be encouraged to be involved in the intervention plan, unless the facility documents with particularity why such participation is likely to be harmful to the juvenile. The intervention team responsible for implementing the intervention plans shall meet at least every third month to assess the efficacy of the plan and make revisions where indicated. DPSC will ensure that counseling services are provided, sufficient to satisfy the requirements of juveniles' individualized education plans.
111. For each juvenile receiving psychotropic medications, direct care, counseling, and educational staff shall observe, monitor and record data that will be available to the treatment team in order to assess the effect of a particular medication. A member of the juveniles's treatment team shall communicate with direct care, counseling, and educational staff, and make efforts to communicate with families to review treatment and intervention

progress and data collected by staff to assess the efficacy of treatment and intervention, so that the mental health providers can make revisions when clinically indicated.
112. Case managers shall be notified of disciplinary infractions, problem behaviors (including being removed from programming three consecutive times), and incidents of violence involving juveniles on their respective caseloads. The case managers shall utilize this information to implement appropriate interventions, to determine that underlying causes of behavioral problems are being addressed in counseling, and/or to make referrals to the Provider.
113. Each facility shall develop and implement an adequate intervention program which shall be determined by the needs of individual juveniles. The intervention program shall provide counseling and programming as needed as recommended by the treatment team. Counseling may be provided by qualified staff with appropriate background and training.
114. Each facility shall create and maintain daily schedules in each assigned housing unit or special program (such as STOP, LITE, etc.) that shall set forth the planned program and operational activities for all juveniles in the assigned unit or program for every hour of every day of the week. Such schedules will include time for permissible leisure activities. Shift supervisors shall document 972*972 on a UOR the cancellation of any major activity scheduled for that shift.
115. As part of the treatment and intervention plan of each juvenile, the State shall encourage family reunification where reunification is appropriate. Each juvenile shall have:
a. An opportunity to make telephone calls to his or her home as arranged by the juvenile's case worker at State expense when the juvenile's case worker determines that the call promotes the goals of the juvenile's intervention plan. These calls are in addition to the juvenile's opportunities to make collect telephone calls on a daily basis.
b. Access to adequate paper, pen or pencil and envelopes for three letters a week to correspond with their family. Indigent juveniles will be provided postage and other juveniles may purchase stamps in the canteen. Staff will encourage juveniles to write to their parents, guardians, and families where appropriate;
c. Visitation opportunities available a minimum of three times a month for a minimum of three hours each visit. Each facility shall advise parents and/or guardians that special visits may be approved by the Warden on a case-by-case basis for those who are not able to visit on regular visiting days. Visitation shall not be suspended as a disciplinary sanction unless the disciplinary infraction occurred during a visit. When appropriate, mental health staff shall take advantage of times before or after visits by families to meet to discuss juveniles' mental health histories.
Juveniles approved for special visits shall be exempt on that day from the provisions of the education settlement regarding specific academic and vocational program participation when applicable.

116. Initial institutional assignment will be driven by such factors as the needs of the juvenile, location of the program(s) beneficial to the juvenile, location of the juvenile's home, availability of space, gender, gang affiliation and other factors.
V. QUALITY ASSURANCE
117. The State shall create a Youth Programs Compliance Division (YPCD). The State shall recruit and hire a Director of the YPCD, who shall be highly qualified for the position. The Director shall begin employment within nine months of the effective date of this Agreement. The State shall provide the Director with staff as outlined in this Agreement and sufficient resources to perform the tasks required by this Agreement, including:
a. Monitoring compliance with DPSC policies in all facilities, with emphasis on policies relating to issues addressed in this Agreement;
b. Conducting audits and other quality assurance activities as described in ¶ 118;
c. Monitoring compliance with the juvenile justice components of the Agreement;
d. Coordinating quality assurance activities related to this Agreement performed by various DPSC offices to prevent unnecessary duplication of efforts;
e. Monitoring the ARP program;
f. Monitoring the work of the PZT investigators, required by ¶ 29.
118. Within twelve months of the effective date of this Agreement, the Director of YPCD shall create and implement a written quality assurance program, as defined in ¶ 117 with the following elaboration and supplementation:
a. The comprehensive audits required by ¶ 117(b), shall include, at a minimum:
i. Inspection of a minimum random sampling of institutional and educational records, unit logs, accident 973*973 and incident reports, and use of force reports;
ii. Random interviews with staff, administrators and juveniles at each facility;
iii. Random contacts with the parents or other care givers of juveniles confined in the facilities;
iv. Inspection of the physical plant;
v. Random contacts with juvenile court judges, public defenders and other officials having regular contact with the facility or its residents;
vi. Review of a sample of the disciplinary hearing tapes and security videotapes. On-site observation of disciplinary hearings may be conducted in lieu of the tape review;
vii. Determination of compliance with DPSC policies and the requirements of this Agreement relating to: staffing levels and juvenile supervision, use of force, disciplinary practices, positive behavior management programs, grievance procedures, use of chemical

and mechanical restraints, fire safety, adequacy of juvenile recreation and exercise, sanitation, juvenile access to hygiene items and clothing, juvenile-on-juvenile violence, implementation of classification criteria, conditions in special management or other high security units, and the adequacy of all facility documentation; and
viii. A written report recording the findings of the audit.
b. Additional unannounced, periodic site visits at each facility.
c. Review of the reports, UOR's and/or other documentation of significant incidents (as defined by the Director of YPCD), which shall include, at a minimum: deaths; serious injuries; hospitalizations resulting from a serious illness; suicides and serious suicide attempts; escapes or other serious breaches of security; and medical emergencies. A review that results in significant findings shall result in an immediate written report to the Secretary of DPSC (with copies to the Assistant Secretaries, applicable Warden and PZT Supervisory Investigators as appropriate) and shall include a detailed description of the findings and recommendations;
d. Policies and procedures for auditing chemical spray canisters and reliably determining whether the canister has been discharged. Facility supervisory staff and YPCD auditors shall routinely conduct such audits. If it appears that a canister has been used without required documentation, YPCD shall be notified and shall request that the PZT Investigator conduct an investigation. The YPCD shall notify the Warden and the appropriate PZT Supervisory Investigator of the incident and the investigation request;
e. Requirements that when, through audits, review of investigations, or other quality assurance activities, the YPCD finds substantial non-compliance with the requirements of DPSC policies or this Agreement, the Secretary of the DPSC, Assistant Secretaries and the Warden shall be advised in writing of the details of the non-compliance and a plan of correction shall be developed by the Warden. The YPCD will monitor the plan and report findings to the Secretary and Assistant Secretaries as appropriate;
f. Collection and analysis of data, particularly emphasizing detection of patterns of incidents, problems and issues. This shall include, at a minimum, collection and analysis of data regarding:
i. allegations of abuse and substantiated abuse, including analysis of whether a disproportionate number of allegations of abuse are related to individual staff members, particular shifts or time periods, particular units or locations within units, or arise during particular activities;
974*974 ii. the subject matter and quantity of grievances;
iii. the number and type of disciplinary reports issued, in relation to the effectiveness and adequacy of the facility's positive behavior management system; and
iv. the number and percentage of juveniles who achieve minimum custody level; the number and percentage of juveniles who achieve the requirements for modification of disposition; the number and percentage of juveniles who are recommended for modification of disposition; the number and percentage who receive modification of disposition; the number

of juveniles in each short-term program who are held beyond their minimum release date and the amount of time each juvenile is held beyond their minimum release date.
g. Each institution shall designate staff to perform the following functions:
i. Designated staff members shall help juveniles informally resolve complaints, file grievances and shall review and record all grievances. If a grievance is filed, the Warden will designate a staff member to conduct fact-finding of all applicable information and return the grievance to the Warden for rendering the institutional response. A designated staff member shall retain copies of all responses to grievances and shall monitor the grievance procedure to ensure timely responses to all grievances. Designated staff members shall be available to assist juveniles who wish to pursue their grievance to the Secretary's level; and
ii. Designated staff members shall be available to meet with every juvenile receiving a Class B disciplinary report prior to the disciplinary hearing and to assist the juvenile at his request in any disciplinary hearing if the report is contested.
119. YPCD staff shall have complete and unfettered access to all facilities, records, staff and residents. All DPSC and facility staff shall be informed of their obligation to cooperate in all YPCD operations.
120. The State shall provide YPCD staff as follows:
a. four YPCD auditors to perform the on-site audits required by ¶¶ 117-118;
b. two central office YPCD employees to perform data collection and analysis;
c. two administrative support staff for the central YPCD office;
d. facility-based PZT investigators: 3 for JCCY; 2 for SCCY; 3 for SCCY—M; and 1.5 for BCCY; and
e. at least one facility-based administrative support staff for each facility to assist the PZT investigators.
If these numbers should prove to be insufficient to perform the duties required by this Agreement, the State shall take reasonable actions to assist the staff of YPCD and request additional position(s), supplies and/or equipment through the budgetary process.
121. Within four months of the effective date of this Agreement, the State shall appoint two independent auditors, acceptable to all parties, to perform quality assurance checks on investigations. If the parties are unable to agree on the selection of auditors, then the parties shall solicit the participation of the Court in selecting the auditors from among the candidates proposed by the parties. The cost of the auditors shall be shared equally (50/50) by the DPSC and the DOJ.
a. The State shall provide the auditors with full access to the files compiled for all completed investigations and the Multiple Allegations Database described in ¶ 32.

975*975 b. The auditors shall sign assurances that they will maintain the confidentiality of all records that they review.
c. The month following appointment of the auditors pursuant to this paragraph, the DPSC shall furnish the auditors a monthly report from the central database of investigations generated pursuant to ¶ 31 of this Agreement conducted during the previous month.
i. For the first monthly audit, the auditors shall randomly select up to 30% of the investigations completed at each institution during the previous month for review and evaluation from the central database.
ii. For the remaining eleven months of audits, the auditors shall select up to 30% of the investigations completed system wide from the executive summaries of all investigations completed during the previous month. As part of each month's 30% sample, the auditors may select the 30% randomly, or alternatively, the auditors have the discretion to select all or some of the investigations to be audited solely by the following criteria: 1) investigations completed at a particular institution, and/or 2) by a particular investigator, and/or 3) a particular type of investigation (such as all rape investigations; all investigations involving incidents in which the juvenile was seriously injured; all investigations involving incidents that were not recorded on videotape etc.).
iii. In auditing their 30% monthly sample, the auditors may review up to four additional investigations completed during the preceding month to the extent deemed necessary in order to adequately audit any individual investigations, provided however that the auditors may not include these investigations in their questions pursuant to ¶ 121(d).
d. The DPSC investigators shall comply with any reasonable request for information from the auditors.
e. The auditors shall issue a monthly report to the parties and to the Court Expert describing their review and analysis.
i. If the auditors determine that individual investigations are incomplete or otherwise not in compliance with the requirements of ¶¶ 25, 26, and 27 of this Agreement, the auditor shall identify those investigations. The auditors shall specifically identify the deficiencies and shall provide written instructions for completing the investigations properly. The State shall resubmit completed investigations to the auditors within 30 days.
ii. If resubmitted investigations do not address the deficiencies to the satisfaction of the auditors and it was within the capacity of the DPSC to remedy the deficiency, then, in furtherance of this review function, the auditors may conduct such on-site interviews or review the documents, including tapes, as the auditors, at their sole discretion, may deem appropriate. At all times, the auditors are to serve in an auditing capacity and are not to substitute themselves as investigators.
VI. COMPLIANCE AND MONITORING
122. Not later than March 1, 2001, the State shall submit to DOJ and Plaintiffs, a draft comprehensive plan for providing medical, mental health and dental services at all of the

secure juvenile facilities, including a staffing proposal for all of the facilities for the two year period beginning July 1, 2001 (the "Systems Proposal").
976*976 123. DOJ and Plaintiffs shall submit any comments on the Systems Proposal to the State, in writing, not later than April 1, 2001. The parties shall meet promptly thereafter and attempt in good faith to resolve any disputes regarding the Systems Proposal not later than May 1, 2001.
a. If the parties agree on the substance of the Systems Proposal by May 1, 2001, then the DPSC shall request that funding for the first year of the Systems Proposal be included in the 2001-2002 fiscal year executive budget. If funding for the first year of the Systems Proposal is not included in the final approved State budget as of July 1, 2001, then, on or before August 1, 2001, the Plaintiffs, acting collectively, and/or the DOJ may move to reopen/reactivate the medical/mental health and dental claims in the Lawsuits.
b. If the DOJ or Plaintiffs do not accept the Systems Proposal, then, the Plaintiffs, acting collectively, or the DOJ shall have the right to move to reopen/reactivate the Lawsuits for the purpose of litigating the medical and mental health claims in the Lawsuits. If a motion to reopen/reactivate the Lawsuits is not filed on or before May 15, 2001, then the Systems Proposal shall be deemed accepted and approved by all parties.
124. Dr. Trupin, Dr. McPherson, and Dr. Peck shall serve as the Medical/Mental Health Experts under this Agreement. In the event that any one or more of these individuals is unable or unwilling to serve as a Medical/Mental Health Expert, then the Plaintiffs, DPSC and DOJ jointly shall select a pediatrician (or a physician who is not a pediatrician, if all parties agree), psychiatrist, and/or psychologist to replace that individual or those individuals. If the parties are unable to agree on the selection of the replacement Medical/Mental Health Expert, then the DPSC and the DOJ shall each nominate a replacement and shall solicit the participation of the Court in selecting the replacement from the individuals nominated by the DOJ and DPSC. The reasonable fees and expenses of the Medical/Mental Health Experts shall be shared equally by the State and the DOJ.
125. Each of the Medical/Mental Health Experts shall conduct only one compliance tour of each secure juvenile facility. The purpose of these tours shall be to assess the State's substantial compliance with the terms of this Agreement and the Systems Proposal. It is the parties' intent that the Medical/Mental Health Experts conduct their tours as a group and attempt to reach consensus on issues common to their fields of expertise. Unless the parties agree, after consultation with the experts, to a different procedure, each site tour shall be conducted between 8:30 a.m. and 9:00 p.m. within a single three day period, and documents shall be requested only during normal business hours. During these site tours, the Medical/Mental Health Experts shall have reasonable access to all facilities, staff and documents relating to the areas of their compliance tours. The State will make facility and Provider personnel available to all Medical/Mental Health Experts. The Medical/Mental Health Experts shall have the right to conduct confidential interviews with juveniles. The State shall have the right to have a non-attorney representative present during any interviews with staff, Provider personnel, or contractors. The Medical/Mental Health Experts may make reasonable and timely requests for copies of documents either before, during, or after the tours and DPSC agrees to provide these documents to the experts within a

reasonable time frame. The experts will use their best efforts to minimize the number of documents requested.
126. The Medical/Mental Health Experts shall conduct their compliance tours of all of Louisiana's secure juvenile facilities at times mutually agreed upon by 977*977 the parties and shall generate and submit written reports of their findings. The Medical/Mental Health Experts will meet with the Provider, warden and other staff of each facility at the conclusion of each tour in order to discuss their findings. All site tours shall be conducted and all reports shall be submitted during the period between August 1, 2002 and December 2, 2002. Medical/Mental Health Experts will submit their reports as promptly as possible following each tour, but in no event more than 60 days after each tour. These reports shall be distributed only to counsel for the DOJ, Plaintiffs, and the State, and to the Court Expert. Upon receipt of the reports, the State shall have 15 days in which it may respond to any findings or describe any remedial action that it may contemplate. The reports shall not be filed in the record of these proceedings or otherwise publicly released unless Plaintiffs, acting collectively, or DOJ deem it necessary to attach such reports to a motion to reopen the Lawsuits, or unless the Court orders these Lawsuits to be reopened/reactivated.
127. In addition to the Medical/Mental Health compliance tour of each of the secure juvenile facilities described in ¶¶ 125 and 126, the parties agree that Dr. Trupin and Dr. Peck shall visit the Jetson Correctional Center for Youth upon the conclusion of the first year of this Agreement. The visit shall be scheduled at a time mutually agreed by Dr. Trupin, Dr. Peck, the Provider, and the Court Expert. The purpose of the visit will be to provide Dr. Trupin and Dr. Peck an opportunity to review the progress that has been made in implementing the medical, dental and mental health provisions during the first year of this Agreement. The parties anticipate that the visit will last no more than two days, but Dr. Trupin, Dr. Peck and the Provider may extend the length of the visit if they deem it appropriate. No written report of the visit will be prepared, but Dr. Trupin and Dr. Peck will advise the State, the Provider, Plaintiffs, DOJ, and the Court Expert of areas in which they believe that the State and/or the Provider have not yet achieved compliance with the medical, dental and mental health provisions of this Agreement. The exit interview conducted by each expert will be tape recorded and the tapes made available to the State, Plaintiffs, the DOJ, and the Court Expert. All documents and information obtained during these technical assistance tours may be offered into evidence if Plaintiffs or the DOJ move to re-open the Lawsuits, subject to the entry of appropriate orders to protect the confidentiality of juvenile records and subject to any evidentiary objections to admissibility that may be asserted by the State. The exit interview tape recordings may be used for impeachment purposes.
128. Compliance with the juvenile justice provisions of this Agreement shall be monitored by one expert selected by the DOJ and one expert selected by the State (the "Juvenile Justice Experts"). The Juvenile Justice Experts shall conduct only one compliance tour of each of Louisiana's four secure facilities. The purpose of these tours shall be to assess the State's substantial compliance with the juvenile justice provisions of this Agreement. It is the parties' intent that the Juvenile Justice Experts conduct their tours together with the Court Expert and attempt to reach consensus on juvenile justice issues. Unless the parties agree after consultation with the experts to a different procedure, each site tour shall be conducted between 8:30 a.m. and 9:00 p.m. within a single three-day period, and documents shall be requested only during normal business hours. During these site tours, the Juvenile Justice

Experts and two DOJ or Plaintiffs' attorneys shall have reasonable access to all facilities and documents relating to the areas of their compliance tours. The State will make facility and Provider personnel available 978*978 to all Juvenile Justice Experts. One attorney for the State and one attorney for the DOJ or Plaintiffs each shall be present as observers only during any interviews with juveniles, staff, Provider personnel or contractors. The Juvenile Justice Experts may make reasonable and timely requests for copies of documents either before, during, or after the tours and DPSC agrees to provide these documents to the experts within a reasonable time frame. The experts will use their best efforts to minimize the number of documents requested and will not request the production of documents already produced in accordance with this Agreement.
129. The Juvenile Justice Experts shall conduct the compliance tours of each secure juvenile facility at times mutually agreed upon by the parties and shall generate and submit written reports of their findings. One DOJ or Plaintiffs' attorney and one State attorney may accompany each of the Juvenile Justice Experts on the compliance tour, provided, however, that no more than two DOJ or Plaintiffs' attorneys and no more than 2 State attorneys would be present at the facility during the tour. All site tours shall be conducted and all reports shall be submitted during the period between August 1, 2002 and December 2, 2002; provided, however, that juvenile justice tours shall not be conducted concurrently with the medical/mental health compliance tours. These reports shall be distributed only to counsel for the DOJ, Plaintiffs, the State, and to the Court Expert. Upon receipt of the reports, the State shall have 15 days in which it may respond to any findings or describe any remedial action that it may contemplate. The reports shall not be filed in the record of these proceedings or otherwise publicly released unless Plaintiffs, acting collectively, or DOJ deem it necessary to attach such reports to a motion to reopen the Lawsuits, or unless the Court orders these Lawsuits to be reopened/reactivated.
130. In addition to the Juvenile Justice compliance tour of each of the secure juvenile facilities described in ¶¶ 128 and 129, the parties agree that Paul DeMuro, the State's juvenile justice expert, and the Court Expert shall visit each secure juvenile facility upon the conclusion of the first year of this Agreement. The visit shall be scheduled at a time mutually agreed by the parties and the Court Expert. The purpose of the visit will be to provide Mr. DeMuro and the State's expert an opportunity to review the progress that has been made in implementing the juvenile justice provisions during the first year of this Agreement. The parties anticipate that visits to each facility will last no more than two days, but Paul DeMuro and the State's expert may agree to extend the length of the visits if they deem it appropriate. No written report of the visits will be prepared by Paul DeMuro and the State's expert. However, each expert will advise the State, Plaintiffs, the DOJ, and the Court Expert of areas in which he or she believes that the State has not yet achieved compliance with the juvenile justice provisions of this Agreement. The exit interview conducted by each expert will be tape recorded and the tapes made available to the State, Plaintiffs, the DOJ and the Court Expert. All documents and information obtained during these technical assistance tours may be offered into evidence if Plaintiffs or the DOJ move to re-open the Lawsuits, subject to the entry of appropriate orders to protect the confidentiality of juvenile records and subject to any evidentiary objections to admissibility that may be asserted by the State. The exit interview tape recordings may be used for impeachment purposes.

131. If the DOJ or Plaintiffs have cause to believe that the State's non-compliance with this Agreement threatens the immediate health and safety of juveniles, then the DOJ or Plaintiffs shall immediately notify the Court Expert and the 979*979 State of the specific provisions of this Agreement that they believe have been violated and the facts upon which this allegation is based. The State shall have a reasonable opportunity to investigate and respond to the allegations. If the DOJ or Plaintiffs are not satisfied with the State's response, then the parties commit to meet and attempt to resolve the dispute informally with the assistance of the Court Expert in an expeditious manner. If the DOJ or Plaintiffs still believe that the State's noncompliance threatens the immediate health and safety of juveniles, then the Plaintiffs, acting collectively, or DOJ shall have the right to move the Court to reopen or reinstate this litigation to the extent necessary for the Plaintiffs, acting collectively, or DOJ to investigate whether the State's noncompliance threatens the immediate health and safety of juveniles and to seek emergency judicial relief, if necessary, for the conditions that threaten the immediate health and safety of the juveniles. If Plaintiffs, acting collectively, or DOJ seek emergency judicial relief, they have the burden to prove that the conditions violate the federal constitutional or federal statutory rights of the juveniles.
132. The parties consent and agree to entry of a final judgment dismissing with prejudice all allegations in the Lawsuits relating to juvenile justice, medical, mental health and dental issues at all of Louisiana's secure juvenile facilities at any time on or after January 21, 2003 unless the Plaintiffs, acting collectively, or DOJ, has moved for an order reopening and reactivating the Lawsuits prior to January 21, 2003.
133. Compliance with the terms of this Agreement and the Systems Proposal also shall be monitored by the Court Expert in Williams v. McKeithen. The State shall bear all costs incurred by the Court Expert, including, but not limited to that expert's fees and expenses (e.g. for site visits, administrative costs, report writing, and telephone calls made for consultation).
134. In order to monitor compliance with this Agreement, the Court Expert shall have reasonable access to all facilities, residents, staff and documents. The Court Expert shall have the right to conduct confidential interviews with staff and residents.
135. Until the termination of this Agreement, the State shall, at its own expense, provide the Court Expert, the DOJ and one of the law firms representing the Plaintiffs with the following documents for each of the secure juvenile facilities, on a quarterly basis:
1. C-005-001 and C-005-003 reports, together with all attachments described in DPSC regulations;
2. All Use of Force reports, with applicable accident and injury reports;
3. All Chemical Agent reports;
4. Comprehensive audits prepared by the Youth Program Compliance Division pursuant to ¶ 118(a) of this Agreement;
5. Comprehensive audits prepared by the Provider pursuant to ¶ 80 of this Agreement;

6. A list of correctional officers identified during the preceding quarter with three or more allegations within a two year period as provided in ¶ 32(c).
7. The headquarters central PZT logs for the preceding quarter.
8. Current medical, mental health, and dental staff positions and vacancies at all secure juvenile facilities.
The State will also provide the DOJ copies of all of the PZT reports (including all attachments, videos, and any other documents) which are selected by the auditors for review under ¶ 121.
Each quarterly report shall be distributed not later than thirty (30) days after the end of the quarter. The first quarterly report shall include only the information in subparagraphs (a), (b), (c), (g), and (h) above. The first quarterly 980*980 report shall cover the period from October 1, 2000 through December, 31, 2000 and shall be distributed not later than January 31, 2001. Subsequent reports will be distributed in the same manner each quarter. The State shall continue to report certain incidents to Keith Nordyke and the Court Expert in accordance with the practice generally described in correspondence dated November 3, 1999.
136. Upon the effective date of this Agreement, the State shall make the following documents available for inspection by attorneys for the Plaintiffs during normal business hours, subject to reasonable limitations and notices:
a. All ARPs and grievances submitted by juveniles;
b. All juvenile disciplinary reports;
c. All PZT reports (including all attachments, videos, and any other documents referenced in the PZT reports);
d. Infirmary logs;
e. Trip logs to hospitals;
f. Juvenile Master case records and medical, dental and mental health records;
g. Mechanical restraint logs;
h. Recreation logs; and
i. Chemical agent logs.
137. The State shall make reasonable efforts to promptly provide any document related to compliance with this Agreement reasonably requested by the Court Expert or by Plaintiffs or DOJ, but in any event shall provide such documents within ten business days of the requests. This shall not include, however, documents or portions of documents that are subject to attorney client or work product privilege. In producing documents to Plaintiffs or DOJ pursuant to this paragraph or paragraph 136, the State shall bear the cost of providing up to 2000 pages of copies of documents to the Plaintiffs collectively per year. Any

documents requested beyond this amount shall, at the option of the State, be made available for inspection and copying by the party, or shall be copied by the State at a cost of 5 cents per page to be paid by the requesting party.
138. For purposes of this paragraph, the substantive provisions of this Agreement shall be divided into six categories: (1) medical and dental, (2) mental health and rehabilitative services, (3) staffing and capacity, (4) juvenile justice quality assurance, (5) access to courts, and (6) all other juvenile justice provisions (including protection from abuse and violence, direct care staff training, positive behavior management/discipline, classification, chemical agents, mechanical restraints, living conditions, and cell restriction).
If the Plaintiffs, acting collectively, or DOJ believe that the State has failed to substantially comply with one or more of these six categories during the term of this Agreement, then they shall so notify the State in writing. The parties shall conduct good-faith negotiations to resolve the dispute and may agree in writing to adopt a plan of correction or otherwise modify the Agreement. If the parties are unable to reach agreement within 30 days of the Plaintiffs' or DOJ informing the State of their allegations of non-compliance, then the Plaintiffs, acting collectively, or DOJ may file a motion with the Court to reopen the Lawsuits with respect to that category or categories. The State shall respond to the motion within 20 days. If the Court enters an order to reopen any one of these categories, then the provisions of that category are terminable at the discretion of the State.
Notwithstanding the foregoing, a motion to reopen this Agreement solely for the purpose of seeking emergency judicial 981*981 relief under ¶ 131, above, will not, in and of itself, terminate the State's obligations under the remaining provisions of the Agreement.
This Agreement shall, in any event, terminate and shall be of no further effect whatsoever after January 21, 2003, regardless of the State's compliance or non-compliance with the terms of this Agreement or the Systems Proposal, and regardless of whether the Lawsuits have or have not been reopened/reactivated.
139. The parties agree to meet and attempt resolution of any issues involved in the Lawsuits prior to any new litigation and prior to any new filings in the Lawsuits. The parties acknowledge that the Court has historically facilitated informal discussions between and among the parties in efforts to achieve agreement regarding controversies that demand resolution, and the State and the Plaintiffs will agree, to the extent possible, to seek the Court's assistance in facilitating informal resolution to such controversies.
140. This Agreement and the Systems Proposal shall not be construed to create an obligation to an individual juvenile, and failure to comply with this Agreement and the Systems Proposal shall not be deemed a breach of any civil duty to a juvenile.
141. Nordyke and Denlinger and Juvenile Justice Project of Louisiana ("JJPL") shall be permitted to interview juveniles in all secure facilities for purposes of monitoring this Agreement. The DPSC may impose reasonable limitations on such interviews; however, attorney contacts with juveniles for purposes of monitoring the Agreement shall not be governed by DPSC Regulation C-01-004. The State shall pay reasonable attorneys fees and expenses to class counsel in monitoring this Agreement, as set forth below. Class counsel are Nordyke and Denlinger and JJPL. Nordyke and Denlinger shall submit detailed

billing statements for all fees and expenses on a monthly basis. JJPL waives fees for monitoring unless and until the Lawsuits are reopened in accordance with this Agreement; provided, however, that JJPL may seek recovery of fees for time spent in connection with a successful motion to reopen, and JJPL reserves the right to seek recovery of attorney fees and expenses that are incurred after the Lawsuits are reopened. JJPL and the State shall enter a separate agreement to address reimbursement of expenses incurred by JJPL in monitoring this Agreement. The fees paid for monitoring this Agreement shall be as determined by the Court. Either party may seek relief from the Court, including but not limited to seeking the Court's assistance in facilitating informal resolution to disputes and/or filing appropriate motions to resolve any disputes concerning the payment of fees and expenses. Plaintiffs are not required to reopen or restore the Lawsuits to the Court's docket in order to seek such relief.
Class counsel reserve the right to seek recovery of fees for other tasks (other than monitoring) in the event the Lawsuits are reopened, provided, however, that the State reserves the right to challenge their entitlement to any such fees, and the reasonableness of such fees.
Class counsel will have 15 days from the granting of the State's motion for final dismissal to submit for payment their final invoice for any remaining fees and expenses. Within 15 days of receipt of the final invoice, the State shall pay all undisputed items. If the State disputes any item, then any party shall 982*982 have 60 days from the granting of that motion to seek relief from the Court.
This done and signed on the dates below written.
For Private Plaintiffs Keith Nordyke June Denlinger Nordyke and Denlinger Baton Rouge, LA David J. Utter Gabriella Celeste Juvenile Justice Project of Louisiana New Orleans, LA Aug. 29, 2000
FOR THE DEPARTMENT OF JUSTICE
Steven H. Rosenbaum, Chief Robinsue Frohboese, Deputy Chief Judith C. Preston Iris Goldschmidt U.S. Dept. of Justice Civil Rights Div. Special Litigation Section Washington, DC Aug. 30, 2000 L. J. Hymel U.S. Atty. for the Middle District of Louisiana Baton Rouge, LA Aug. 31, 2000
FOR DEFENDANTS
FOR THE STATE OF LOUISIANA AND ITS
OFFICES, AGENCIES, AND DEPARTMENTS
RICHARD P. IEYOUB
By Constance A. Koury First Asst. Atty. Gen. State of Florida Baton Rouge, LA Richard Curry McGlinchey Stafford Baton Rouge, LA Aug. 28, 2000

ATTACHMENT A
ADMINISTRATION PROPOSAL FOR THE LOUISIANA OFFICE OF YOUTH CORRECTIONS
Year One Implementation Jetson/JRDC
Louisiana State University Health Sciences Center School of Medicine in New Orleans, Louisiana
Administration Proposal for the Louisiana Office of Youth Corrections
YEAR ONE IMPLEMENTATION
JETSON/JRDC
June 22, 2000
Year One Implementation Jetson Facility Only
I The Health Care Service Delivery Model
a) A comprehensive plan of evaluation and clinical care will be established for each person at the time of intake into the Department of Corrections (DOC) Juvenile Facilities (or initially when this program is implemented) based on professional standards of care and the needs of individual youth. The plan will include medical, mental health and dental services.
b) A secure computerized record will be established for each person for this purpose. The record will be available system-wide to persons responsible for providing or overseeing the care provided or for referrals to related health care institutions. This electronic record will include but not be limited to treatment plans, problem lists, immunization and health screening schedules, and decision support for delivery of timely and appropriate services. (Year One this system will be implemented at Jetson.)
c) An initial and ongoing assessment of the health care needs will be developed on a system wide basis. This assessment will direct the development of services within the system on a long-term basis. Year 983*983 One the assessment will focus on the Jetson Facility.

d) An initial and ongoing assessment of the policies, procedures and outcomes relating to the provision of care will be developed on a system wide basis and will be updated as needed over the three year implementation period.
e) All persons will have timely and direct access to a qualified medical professional for emergency and routine care, (sick call). Standing orders will be established where indicated with the approval of the LSUHSC Director of the relevant service (Medical, Mental Health or Dental Health)
f) Telemedicine support will be provided for medical direction and consultation services when indicated for each facility on a 24 hr × 7-day basis including 24-hour call with service on demand. (These services will be provided at Jetson year one).
g) Generally, the assessment and treatment of those juvenile offenders with the most serious dental, health care, and mental health care needs will occur at Jetson, Bridge City, and Swanson facilities. This is secondary to the proximity of LSUHSC tertiary care facilities (LSUMC-NO, Earl K. Long, and LSUMC-S), coordination of care, increased professional staff and availability, and special treatment units.
II Administration
a) All professional and other related services including all medical, mental health, nursing, social service, dental and allied health personnel will be provided by LSU HSC through a contract between LSUHSC, School of Medicine, in New Orleans, and the Louisiana Department of Corrections
b) LSU will make a good faith effort to retain health care personnel currently employed by DOC who will be transferring to LSU and who are deemed qualified and whose performance meets standards that LSU will establish and apply to all persons working in this program.
c) The contract will clearly delineate areas of authority and responsibility for the DOC and LSU.
d) LSU personnel working in DOC facilities will abide by correctional policies and procedures relating to security (see below)
e) LSU will be permitted to reallocate budget funds in the agreement with DOC as needed to improve the quality or accessibility of services that it provides.
f) LSU will define scope of services initially, but cannot mandate expansion of scope of services beyond that envisioned by contract if such expansion would result in additional financial obligations to DPS & C.
III Table of organization

a) Program director—A Program Director will be appointed by LSU HSC (SOM) with the approval of the Secretary for the Department of Corrections. He/ she will be a psychiatrist preferably with Fellowship training in child/adolescent psychiatry and forensic psychiatry and with experience in assessment and treatment of juvenile offenders and will be an employee of LSU HSC. He/she will report to the Dean of the School of Medicine. The Program Director will oversee the entire Juvenile Justice Project including training, telemedicine/informatics services, professional services, and quality assurance. The Program Director will directly interact with external agencies important to the success of this program such as the Department of Corrections, the Office of the Attorney General, the judiciary, and other relevant state agencies.
b) LSU HSC will appoint directors of Professional services—Directors for Psychology Services, Mental Health, Adolescent Health Services, Nursing Services, Social Services and Dental Services. These Directors will have overall responsibility for coordinating care in their areas of professional expertise and for coordinating referrals to the LSU Hospitals. They will aid in the development of policies, 984*984 procedures, and protocols in their area of specialty and coordinate the recruitment of qualified professionals in their field. They will develop professional on-site post-masters and post-graduate training programs in juvenile correctional care.
c) Director of Operations—the Director of Operations will have responsibility for the day to day operation of the health care program system-wide at the end of the three-year implementation (year one at Jetson only). He/ she will be responsible for coordinating the consultation/referral services that will be provided by LSU Hospitals or others to Jetson year one. The DOO will ensure that all policies and procedures developed by the administration are carried out at Jetson year-one, and at each facility via the facility Health Care Director as each site is implemented.
d) Director of Health Services for Facility —a Director of Health Services will be designated at each of the five juvenile correctional facilities and will be directly accountable to the DOO for the Juvenile Justice Program at the end of the three year implementation. He/she will have overall responsibility for the administration and oversight of all-dental, mental health, and adolescent health care at their facility. At each facility, a director of mental health, dental, psychology, social work, health care, and nursing will be appointed, all directly accountable to the Director of Health Services. For the Year One implementation, the DOO will serve in this capacity for Jetson.
e) Directors of Telehealth, Informatics, Education/Training, and Quality Assurance for services within the LSUHSC Juvenile Justice Program are accountable to the Program Director of the Juvenile Justice Program. The Training Director will administrate and oversee those training services provided by LSUHSC Juvenile Justice Program. Telehealth will oversee the implementation of the telemedicine; Informatics will oversee the implementation of computerized records, and documentation of information.
IV Policy, procedure and standards
a) LSU has authority to implement policy and procedures that relate solely to the provision of health services by their staff;

b) LSU has the ability to recommend to DPS & C policy and procedures that relate to the provision of health services but that have concurrent operational interface with unit. (LSU can evaluate DPS & C compliance with recommendations and report accordingly.)
c) LSU may make recommendations to DPS & C relative to offender transfers, but may not order such transfers.(LSU may evaluate DPS & C timely compliance with recommendations.)
d) DPS & C retains authority to manage available bed space and to assign priority to classification factors in addition to medical/mental health issues, (see DPS & C Mission Statement.)
e) An interagency coordinating committee will be established to include representatives of the Department of Corrections, LSU Health Sciences Center, The Office of the Attorney General Office, the leadership of the Juvenile Justice Program, and a judicial representative appointed by the Supreme Court of Louisiana.
V Quality of Clinical Care
a) A Director of Quality Assurance will oversee the implementation of the quality assurance mechanisms and development of policy. He/ she will chair the policy and procedure committee and quality assurance committees, and will report to the Director of the Juvenile Justice Program.
b) An effective system for overseeing the quality of care and access to services will be established that will be linked to the plan of care for each person.
c) A single Quality of Care Committee will be established for the facilities with representatives from the medical and other professional staff at each facility, under the leadership of the quality assurance monitor. The QA committee will report on 985*985 a quarterly basis to the following persons or their designee with respect to the quality of care that is being provided and related matters: (1) the Wardens of each facility (2) the Secretary of the Department of Corrections (3) The Chancellor of LSU HSC, (4) the Attorney General of the state of Louisiana and (5) to the Program Director of the Juvenile Justice Project.
The QA committee will create and implement a written quality assurance program with clear performance indicators. The quality assurance program should include, at minimum, activities to monitor key system-wide policies and procedures established in this proposal. Consultants will be retained as needed to establish outcomes to be measured and to be incorporated in assessments, treatments and outcomes after discharge.
d) The quality assessment program will include review of documentation and quality of treatment and adequacy of facilities and equipment for evaluation and treatment.
e) Year one the Quality Assessment program will be developed and implemented at Jetson, as well as the establishment of reporting requirements and data collection system wide from all other institutions overseen by the QA committee.

VI Telemedicine
a) The Telemedicine Program will establish high-speed video linkages between the five Juvenile Correctional facilities and five healthcare institutions, which will provide care and educational services to them (over the course of the three year implementation period). The five sites are the Medical Center of Louisiana at New Orleans, LSUMC Shreveport, E.A. Conway Hospital, Earl K. Long Hospital, and Children's Hospital of New Orleans. Year One services will be provided between the Jetson Facility and LSU-NO, Children's Hospital, and EKL Hospital.
b) Each healthcare institution will be able to provide its unique specialty medical and/ or mental health services to one or more of the Juvenile Corrections Facilities at the completion of the system-wide implementation, and will create a high quality network of accessible and integrated health care.
c) This network is built upon a Next Generation Internet infrastructure that can support the demand of multiple clinical, educational, and administrative conferences between any combination of sites simultaneously in both average and peak usage periods. In addition, excess capacity of bandwidth is built in to meet the anticipated short and long-term needs of Juvenile and Adult Corrections, as well as Community-based programs. Excess bandwidth used by the Medical Center will be done so on a cost-sharing basis.
d) The Juvenile Justice Telemedicine Program will permit the administration of high quality medical and mental health services to patients at all facilities at the end of the three-year implementation period. In addition, all facilities will have the ability to point and click video conference calls that will connect them to healthcare providers at the LSUMC affiliated facilities.
e) The Telemedicine Clinical Director and Nurse will coordinate scheduled clinics in conjunction with Technical staff. Each facility will contain high-resolution telemedicine systems with dual monitors, clinical quality patient cameras, document cameras for remote viewing of patient charts, and specialized attachments to permit remote physical examinations.
f) All costs are based on projected usage and the determined infrastructure necessary to provide service on demand. Personnel costs are included to reflect the staffing necessary to provide comprehensive and complex telecommunications services that are clinically relevant.
g) The Telemedicine Program Director will provide overall program management and oversight. A Clinical Director will manage day to day operations and telemedicine quality assurance. The Director 986*986 will be supported by a Telemedicine Nurse who will manage clinical scheduling, medical records, and care plans. Additional coverage for psychiatric or medical consultations will be provided on a 24-hour basis by on call physicians at LSU HSC (Year one for the Jetson Facility).

h) Network managers will provide telecommunications expertise at the level of equipment installation, support, and training. A Telecommunications specialist will handle infrastructure-switching equipment. All Telecommunication costs are based on low bids obtained by the state Office of Telecommunications Management.
i) As a national leader in Telemedicine, we look forward to beginning this program, which will be a model solution for provision of care in this area
VII Clinical Information System
a) LSUHSC will develop a computer based clinical information system to document medical and mental health care provided to the target population housed at the Jetson Facility year one.
b) Each clinical encounter from intake history and physical examinations, psychological screening, and psychiatric encounters will be entered on line. Creating a secure longitudinal medical and mental health record.
c) The clinical information system will permit access to health information on individual patients, as well as allow for tracking of individuals and groups of patients for the purposes of trend analysis, outcome measurement, continuous quality improvement, and epidemiological studies.
VIII Consultants
Consultants will be utilized in Adolescent Health Care, Mental Health, and Assessment. These consultants are further discussed in each the Adolescent Health Care, Mental Health Care, and Juvenile Justice Training Proposals.
IX Staff Training—Juvenile Justice Training Program
a) A separate training proposal was submitted for juvenile correctional center employees. The overall mission of the Juvenile Justice Training Program is to educate those interacting within Juvenile Correctional Facilities and with Juvenile Offenders in the areas of knowledge necessary to work with this specific population, prepared by Debra DePrato, MD.
b) The Director of the Juvenile Justice Training Program will be directly accountable to the Juvenile Justice Program Director. The Training Director would be responsible for the development and implementation of the training program system-wide. During year one curriculum development and on-site training at the Jetson Facility would occur. The systemwide implementation of the training of all new employees and on-site training at each institution would proceed beginning year two.
ATTACHMENT B

YEAR ONE STAFFING

LSU Health Sciences Center

LSU School of Medicine in New Orleans

Juvenile Justice Program—Jetson Facility and LSUHSC Administration

Program Year 1

Facility Year 1
MENTAL HEALTH STAFF Psychiatrist MD Urban Director of JDC Assistant Director of JDC Neuropsychology Associate Psychologist PhD Urban Psychological Asst Urban Social Worker Urban Secretary Administrative Coordinator Program Evaluator Dala Entry Clerks Medical Records Clerk
Total
MEDICAL STAFF Medical Director Pediatrics/ Family Practice
987*987 Consultants Orthopedics Surgery OB/GYN Neurology Cardiology Endocrinology Dermatology Dx Center misc Secretary Evaluation Coordinator
Total
NURSING STAFF Nursing Coordinator Registered Nurse Licensed Practical Nurse
Total

FIE's 1.50 0.80 0.75 0.90 2.40 7.20 4.50 0.90 0.90 0.90 1.50 5.50
27.75
0.75 1.05
0.05 0.05 0.20 0.10 0.05 0.03 0.05 1.30 0.90 0.90
5.40
0.90 12.75
9.00
21.75

ALLIED HEALTH STAFF Audiologist Optometrist XR tech Medical Record Clerks PA/ NP Paramedic/ EMT
Total
DENTAL STAFF Dentist Dental Assistant Dental Hygienist
Total
Program/Clinical Supervisors Program Director Director of Operations Director—Medical Services Director of Mental Health Director Social Work Services Director Program Development and Evaluation Director Nursing Services Evaluation Coordinator Executive Secretary Secretary
Total
BUSINESS STAFF Business Manager Administrative Coordinator Assistant Bus. Manager Secretary Total
Clinical Information Staff Data Base Administrator Medical Information Server Supporter Client Supporter Application developer
Total
GRAND TOTAL
ATTACHMENT C
YEAR TWO STAFFING

0.60 0.20 1.00 2.00 2.00 2.70
9.50
0.60 0.75 0.60
2.10
0.80 1.00
0.50 1.00 0.75
1.00 1.80 1.80 1.00
9.65
0.83 0.90 1.80 0.90 4.43
1.00 0.20 1.00 1.00 2.00
5.20
85.78

LSU School of Medicine in New Orleans

Juvenile Justice Program—Jetson Facility and LSUHSC Administration

Program Year 2

Facility Year 2

Psychiatrist MD Urban Health Director Supplement Director Mental Health Tx Director of JDC Assistant Director of JDC Neuropsychology Associate Psychologist PhD Urban Psychological Asst Urban Social Worker Urban Secretary Administrative Coordinator Program Evaluator Data Entry Clerks Medical Records Clerk
Total
Medical Director Pediatrics/Family Practice Consultants Orthopedics Surgery OB/GYN Neurology Cardiology Endocrinology Dermatology Dx Center misc Secretary Evaluation Coordinator Pediatric Residents
Total
Nursing Coordinator Registered Nurse Licensed Practical Nurse Facility Dir of Nursing
Total
Audiologist Optometrist XR tech

FTE's 2.00 1.00 1.00 1.00 1.00 1.00 4.00
12.00 6.00 1.00 1.00 1.00 2.00 8.00
42.00
1.00 1.50
0.05 0.05 0.20 0.10 0.05 0.03 0.05 1.30 0.90 0.90 0.00
6.13
0.90 12.75
9.00 1.00
23.65
0.60 0.20 2.00

Medical Record Clerks PA/NP Paramedic/EMT

Total

Dentist Dental Assistant Dental Hygienist

Total

Program Director

JJP

Assistant Program Director

Director of Operations

Director—Medical Services

988*988

Director of Mental Health

Director Social Work Services

Director of Program Development and

Evaluation

Director Nursing Services

Evaluation Coordinator

Administrative Coordinator

Executive Secretary

Secretary

Student Workers

Total

Business Manager Administrative Coordinator Assistant Bus. Manager Secretary

Total

Data Base Administrator Medical Information Server Supporter Client Supporter Application developer

Total

2.00 2.00 2.70
9.50
1.00 1.00 1.00
3.00
0.80 0.75 1.00
0.50 1.00 1.00
1.00 2.00 1.00 2.00 1.00 2.00
14.05
1.00 1.00 2.00 1.00
5.00
1.00 0.20 1.00 1.00 2.00
5.20
108.53

ATTACHMENT D

MEDICAL CARE SERVICES PROPOSAL FOR THE LOUISIANA OFFICE OF YOUTH CORRECTIONS FOR

JETSON CORRECTIONAL CENTER FOR YOUTH (JCCY)
Prepared by Stewart T. Gordon, M.D. Chief, Department of Pediatrics Louisiana State University Health Sciences Center Earl K. Long Medical Center Baton Rouge, Louisiana June 22, 2000
General Overview and Goals:
The overall plan of medical care for these offenders should include the following: comprehensive health screening and health assessment by qualified professionals (physicians, registered nurses, nurse practitioners, physician assistants, paramedics, licensed practical nurses) at intake, ongoing medical care of known conditions, annual exams to diagnose new conditions, access to an infirmary for evaluation of acute medical conditions, dental care, eye care, nutritional assessment, access to subspecialty care as indicated, access to hospitalization as indicated and access to emergency medical care.
Additionally, a plan for health education should be implemented for the offenders such that at the end of their stay they have a healthier lifestyle than prior to admission. Offenders with chronic medical conditions upon entering corrections will especially need ongoing education in regards to their disease and its management. The health education component must be a cooperative effort amongst medical, mental and correctional staff. Within one year of implementation, system wide, the medical director of the program should readily be able to observe a healthy environment— one in which youth have become active participants in their health care. It will be necessary to have an evaluative component (outcome based) for the medical care and health education delivered in these facilities, such that we are able to prove our interventions are both efficient and effective.
According to the "Health Care of Incarcerated Youth Report from the 1991 Tri-Regional Workshops," most of the offenders in juvenile correctional centers are generally healthy from a medical standpoint. Their mental health needs far outweigh their medical needs. The medical conditions of offenders prior to incarceration commonly include polysubstance abuse, sexually transmitted diseases, trauma, physical and sexual abuse, short stature, delayed puberty, poor dental health, poor immunization history, neuropsychiatry diagnoses (ADHD, depression, psychoses, personality disorders), allergies, asthma, seizure disorder and + PPD. The major health risk to offenders after incarceration tends to be traumarelated.
Being that Jetson (JCCY) is the point of entry for all offenders, performing all necessary screenings, assessments, work-ups, diagnostics, etc. at this facility is prudent. The goal will be for this initial evaluation to be thoroughly completed prior to transfer, highly decreasing the need for duplication of services at the receiving facility. 989*989 The completed medical record ideally will provide all necessary information such that no old information (PMHx, immunizations) will be missing. Reasonable and thorough efforts will be made during diagnostics, such that the gathering of this information is as complete as possible prior to transfer. It may be necessary for the offender's parent / guardian to deliver immunization

records and/or their presence/availability during the intake/screening process. The parent / guardian presence could be accomplished via telephone, telehealth or in person.
System Guidelines:
1. JCCY will follow standards for the practice of medicine as set forth by the LSU Health Sciences Center
2. Where applicable, system wide relevant guidelines based upon referenced and agreed upon recommendations from the American Academy of Pediatrics will be developed and include, but not be limited to, the following:
a) Recommendations for Preventive Pediatric Health Care (Appendix 1)— specifically focusing on those for 10-21 Years of age
b) Guidelines for Health Supervision III (Appendix 2)
i. Health Supervision: 10 & 11 Years
ii. Health Supervision: 12 & 13 Years
iii. Health Supervision: 14 & 15 Years
iv. Health Supervision: 16 & 17 Years
v. Health Supervision: 18 & 19 Years
vi. Health Supervision: 20 & 21 Years
g) Recommended Childhood Immunization Schedule (Appendix 3)
h) Child's Guide to Pediatric Visits (Appendix 4 & 5)
i. Younger Adolescents: 11 to 15 years old
ii. Older Adolescents: 16 to 21 years old
i) AAP Policy Statement-Health Care for Children and Adolescents in Detention Centers, Jails, Lock-Ups, and other Court-Sponsored Residential Facilities (RE9170) (Appendix 6)
Medical Staffing of Facilities:
Administration:
1. A statewide medical director will direct the medical component and this individual will be based at JCCY. His duties will include implementation of policies and procedures developed by LSUHSC that relate solely to the provision of health services (see Administration Report, Section IV). The medical director will spend approximately half of his time in direct patient care of offenders at JCCY and half of his time will be administrative, including regular site visits to the other four facilities.

2. Special protocols will be developed by the Medical and Mental Health Directors. Some of these protocols will be developed jointly:
a. Suicide Prevention
b. Acute Drug Intoxication and Withdrawal
c. Perinatal Care
d. Sexual Assault
e. Alcohol or Chemical Dependency
f. Family Planning Services
g. Prosthesis and Aids for Living
3. Written policy and procedure will be developed designating the health care authority (physician) on-site responsible for health care services. The designated physicians will supervise all clinical judgements regarding health care, monitor appropriateness, timeliness, and responsiveness of care and treatment and review records for treatment of juveniles made by providers in the community.
4. Policy and procedure must be that clinical decisions and actions regarding health care services are the sole responsibility 990*990 of the qualified medical health care professionals.
5. Information sharing between the Warden and Medical Director will occur on a regular basis in regards to offenders with significant medical or mental health needs. These discussions may include, but not be limited to, an offender's housing arrangements, program assignments, disciplinary measures, admissions or transfers to other facilities.
6. At least quarterly administrative meetings between the Medical Director and the Warden will be held.
7. Monthly meetings between JCCY's medical director and the Warden will occur.
8. A statistical report will be completed annually regarding the types of health care services provided and their frequency.
9. Health services meetings will occur monthly among clinical staff.
10. There will be no less than 3 days per year of continuing education of all qualified health care personnel (QHCP). Much of the ongoing education will be provided on-site and will not conflict with designated duties of the QHCP.
11. A comprehensive quality improvement program will be developed to monitor the quality of health care services provided. There will be chart review by physicians or quality improvement committee on a quarterly basis.

12. All health care personnel will be licensed, registered, credentialed and function as per the applicable laws of the State of Louisiana.
Overview:
Staffing:
The following staffing model for JCCY is recommended. The proposed model will provide on-site physicians, nurses, nurse practitioners (or physician assistants) and paramedics specific to the needs of JCCY. Access to quality medical care will be inherent to JCCY, decreasing the need for transportation of offenders with security escorts to local hospitals.
Sick Call:
Sick call needs will be met by on-site access to medical services. Sick call will be conducted by RN's or paramedics. Offenders requiring additional assessment or treatment will be triaged to a physician extender (nurse practitioner, physician assistant or paramedic). Physician extenders will have 24 hour phone access to on call physicians. Emergent conditions will be appropriately transported to pre-arranged area hospitals.
Physician On-Call Schedule:
A physician's on call schedule will provide for 24-hour access to one of the systems designated physicians. A system wide rotation will be implemented such that this call will be 24 hours, 7 days per week. If necessary, the nurse will contact the physician on call. All patients admitted to the infirmary will be seen daily by a physician.
Special Health Needs:
Offenders with special health needs (serious or chronic) will preferably be housed at JCCY, SCCY and BCCCY as these facilities are in close proximity to LSUHSC hospitals. Special arrangements will be made for offender's requiring higher levels of security than can be provided at JCCY, SCCY or BCCCY. Programs will be developed for offenders with special health needs (i.e.—Diabetes, Asthma, Sickle Cell disease, Seizure Disorder, Obesity, HIV, Tuberculosis, Alcohol or Chemical Dependency, Sexual Assault, Physical and Mental Disabilities).
Telemedicine:
There will be a system wide effort to maximize the use of telemedicine when appropriate. Telemedical support will be provided for medical direction and consultation services when indicated on a 24-hour 7-day per week basis. (See Administration Report, Section VI).
991*991 Graduate Medical Education:

Training of future medical personnel in the field of their choice is an important component of the Juvenile Correctional Program. An accredited residency program in Pediatrics requires training in adolescent medicine. Involvement of pediatricians in training is both cost-effective and an ideal method of recruiting professionals to the field of juvenile correctional medicine. This will further enhance the quality of the programs. Professional development tracks in the field of Adolescent Medicine / Correctional Medicine will be developed.
Pharmaceutical:
Written policy and defined procedures require, and actual practice evidences, that pharmaceutical services are sufficient to meet the needs of JCCY and are in accordance with all legal requirements. Written policy and procedure governing pharmaceutical services will be developed. Present pharmaceutical services for medical and mental health needs will remain in place.
Jetson Correctional Center for Youth:
There are approximately 600 youth housed at JCCY. Of these, 104 offenders are in the Diagnostics Center (JRDC) in preparation for transfer to either JCCY or one of the other four facilities. The remaining 496 offenders represent 322 males and all female offenders in the system (174). They range in age from 10-21 years. Approximately 2000 new offenders pass through JCCY per year for diagnostics and placement (40 per week). A thorough medical evaluation will be performed and completed on every offender entering the correctional system. A plan of care will be developed for each offender before transfer to the receiving facility.
Medical Staffing Model:
1. Correctional Expert Consultant
During the implementation and development of the medical staffing model, it will be necessary to retain the services of an expert in correctional medicine. He will be a consultant to the Director of Adolescent Health Services for a period of one year. He will make two site visits (3 days each) to JCCY (one before implementation and one during implementation) and will spend two weeks assisting in development of system wide medical health policies and protocols.
2. Medical Director
This physicians will be hired and appointed to the Department of Pediatrics at LSUHSC / EKL. Oversight of his duties will be provided by the Director of Adolescent Health Services. The Medical Director for the System will be an Adolescent Medicine Trained Pediatrician.
3. Jetson Diagnostic Center / Infirmary Physicians

Pediatricians with adolescent medicine experience will be hired and appointed to the LSUHSC / EKL Department of Pediatrics. They will be directly involved in the health assessment process of new offenders undergoing diagnostics at JCCY and provide health maintenance of the offenders housed at JCCY. Physician medical coverage will be on-site 40 hours per week. A call rotation will be developed such that 24-hour coverage is in place 7 days per week. These physicians will also participate in the ongoing education of offenders and JCCY staff (nursing and corrections). Regularly scheduled continuity of care clinics will be established, but not be limited to, in the areas of General Pediatrics, Diabetes, Asthma / Allergy.
4. Nurse Practitioners / Physician Assistants
A Family Nurse Practitioner(FNP) will be assigned to the female unit to provide continuity of care to all female offenders. She will conduct all initial gynecological exams during diagnostics. Ongoing continuity of care will be provided on-site by this FNP. She will have access to telemedical consultation with an obstetrician / gynecologist physician at Earl K. Long Medical 992*992 Center. She will conduct one half-day of gynecology clinic per week for the ongoing gynecological needs of the offenders. The FNP will also participate in the ongoing health education of the female offenders and correctional staff assigned to the female unit.
An additional nurse practitioner(NP) or physician's assistant(PA) will be assigned to the male offenders. The NP / PA assigned to the male unit will provide patient care during the intake process (diagnostics) as well as continuity of care for the offenders housed at JCCY.
All NP's / PA's will work under the supervision of the physicians assigned to JCCY.
5. Paramedics
A paramedic will work from 7P-7A, 5 days per week and 24-hour shifts on weekends and holidays at JCCY to assess, diagnose and treat offenders in need of emergent care. They will assess the need for transport to pre-arranged hospital emergency rooms or to the infirmary. They will work closely with RN nursing staff under the guidance of the systems Medical Director.
6. Consultants
Audiologist
An audiologist will conduct a complete hearing evaluation on all offenders during the intake / diagnostics process. The audiologist will conduct annual exams as necessary on all offenders housed at JCCY. The audiologist will be available telemedically to the other four facilities for consultation.
Obstetrician/Gynecologist

An OB/GYN physician will provide telemedical coverage to the FNP as well as on-site care to the female offender population. All offenders with obstetrical needs will be referred to the Earl K. Long Woman's Clinic.
Optometry
An Optometrist will provide baseline eye exams on all offenders during the intake process and ongoing optometry care to the youth housed at JCCY.
Pediatric Neurology
Pediatric Neurologists will be available on site for neurological consultation during the intake / diagnostic process. They will also be available telemedically for follow-up through the LSUHSC-N.O. Pediatric Neurology epilepsy clinic.
Dermatology
Dermatology consultative services will be provided as needed telemedically through LSUHSC-N.O.
Orthopedics
Orthopedic Surgery residents from Earl K. Long Medical Center will provide on-site consultative services during the intake / diagnostic process. They will also be available to conduct ongoing continuity of care to offenders with orthopedic conditions. Clinics conducted by residents will have telemedical access to orthopedic faculty physicians at Earl K. Long Medical Center.
Surgery
Surgical resident physicians from Earl K. Long Medical Center will provide on-site consultative services during the intake / diagnostic process. They will be available to conduct ongoing continuity of care to offenders with surgical conditions. Clinics conducted by residents will have telemedical access to surgical faculty physicians at Earl K. Long Medical Center.
Pediatric Cardiology
A pediatric cardiologist will be available telemedically from the Earl K. Long Pediatric Clinic to provide consultative services during the intake / diagnostic process and for ongoing cardiology consultations.
Pediatric Endocrinology

A pediatric endocrinologist will be available telemedically from Children's Hospital to provide consultative services during 993*993 the intake / diagnostic process and for ongoing endocrinology consultations.
7. Pediatric Resident Education
The JCCY facility will provide an ideal environment for graduate medical education (GME) of pediatric and adolescent medicine specialist. Two rotations will be developed for education of these physicians:
a) Adolescent / Behavioral Pediatrics Rotation
b) General Pediatric Continuity of Care Clinic
A general pediatric continuity of care clinic will be established at JCCY under the supervision of the JCCY Medical Director and the Pediatric Residency Director at LSUHSC / Earl K. Long.
8. Evaluation Coordinator
This individual will be hired and appointed to the Department of Pediatrics at LSUHSC / EKLMC. The coordinator will publish outcome based evaluation components; evaluate offenders attitudes towards their medical health before, during and after incarceration; implement positive changes through education in the areas of preventive medicine specifically in the areas of high risk behaviors (HIV, STD's, HBV), obesity, heart disease, etc.
JCCY Medical Unit / Infirmary:
Offenders will have the medical component of their intake conducted in the JCCY Medical Unit / Infirmary. The specifications for the equipment and medical needs are found in the budget estimates. An exam room / clinic work area will need to be constructed for the female offenders in close proximity to their housing unit. This will be the primary working location of the Family Nurse Practitioner, the female offender's primary health care professional.
Offenders with designated medical conditions that require ongoing medical care will be placed in a single facility at JCCY (unless security restrictions dictate placement elsewhere) that will be designated as the medical facility for the juvenile correctional system and will have a capacity for up to 20 persons. Each of the designated beds below may be used for multiple purposes. Renovation and/or new construction of the present infirmary will need to occur to accommodate the medical needs as follows:
1. Designated beds for Female Offenders to include:
a) Intermediate Care / Respite beds

b) Psychiatric Crisis beds c) Acute Substance Intoxication Withdrawal beds d) General Pediatric beds e) Medical Isolation beds 2. Designated beds for Male Offenders to include: a) Intermediate Care / Respite beds b) Psychiatric Crisis beds c) Acute Substance Intoxication Withdrawal beds d) General Pediatric beds e) Medical Isolation beds
All offenders admitted to the infirmary will be seen daily by a physician and within 24 hours of admission. Physician coverage by phone will be available 24 hours per day. Offenders requiring potential emergency medical attention will be evaluated telemedically via the LSUHSC / Earl K. Long Medical Center Emergency Room. If necessary, transfer will occur.
Some conditions that will necessitate being placed in this unit are:
1. Asthma management—short term 2. Diabetes management—short term 3. Mild Dehydration—intravenous fluid capabilities 5. Post Hospitalization completion of IV antibiotics 6. Post Operative recovery period 7. Observation area for other non-emergent medical conditions 8. Acute Substance Intoxication Withdrawal (only treated at JCCY) 9. Psychiatric Crisis (i.e.-Suicidal and Homicidal offenders)
994*994 Nurse Staffing Needs:
There will be a Director of Nursing (DON) with adolescent and / or correctional medicine experience.
There will be a designated RN in charge of the Quality Assurance program and Infection Control program. The QA and Infection Control Nurse will also be assigned clinical duties.

For staffing of the facility, an eight-hour shift model was used. There will always be at least one RN with psychiatric experience on duty (24 hours per day) in all facilities. I used a factor of 1.7 nurses to staff an 8-hour shift. Being that nursing care will be the most vital link in the medical system, high staffing of RN's will provide an efficient model to address each offender's medical and mental health needs
The possibility exists that once all programming is in place throughout the system, more nurse staffing will become necessary.
Staffing Model:
Director of Nursing
JCCY will have a DON. She will be a Registered Nurse (RN) and will provide oversight for all nursing duties at the assigned facility. She will have correctional and / or adolescent nursing experience. The DON will be on-site 40 hours per week.
Intake Nurses
Intake nurses will be RN's and will be responsible for conducting the intake assessments on the approximately 40 offenders / week that are processed at JCCY. They will be on-site approximately 40 hours per week.
Sick Call
Registered Nurses will conduct sick call in all facilities as needed.
Infirmary Nurses
RN's and LPN's will be assigned to the infirmary. The infirmary will be staffed 24-hours per day, 7 days per week with nurses that have skilled nursing experience. The staffing model used for the infirmaries is approximately as follows:
7A—3P—2 RN's/ 1 LPN 3P—11P—2 RN's / 1 LPN 11P—7A—2 RN / 1 LPN
Additionally, one of the RN's on duty for the infirmary will be responsible for conducting segregation rounds.
Medication Administration
This nursing duty will primarily be performed by LPN's in each of the five facilities. The staffing of this duty will be approximately as follows:
7A—3P—2 LPN's 3P—11P—2 LPN's 11P—7A—1 LPN

Bibliography:
Standards for Health Services in Juvenile Detention and Confinement Facilities. National Commission on Correctional Health Care, 1999.
Guidelines for Health Supervision III. American Academy of Pediatrics, 1997.
Sheahan, Paula M. (Ed.). (1991). Health Care of Incarcerated Youth: Report from the 1991 Tri-Regional Workshops. Washington, DC: National Center for Education in Maternal and Child Health.
ATTACHMENT E
MENTAL HEALTH SERVICES PROPOSAL FOR THE LOUISIANA OFFICE OF YOUTH CORRECTIONS
Year One Implementation Jetson/JRDC
Mental Health Services Proposal for the Louisiana Office of Youth Corrections
YEAR ONE IMPLEMENTATION
JETSON/JRDC
June 22, 2000
995*995 I. JETSON DIAGNOSTIC CENTER (JDC)—ASSESSMENT PROPOSAL A. Initial Mental Health Screening B. Intake Mental Health Evaluation 1. Interview with the Youth 2. Psychological Screening 3. Assessment of Intelligence 4. Collateral Interview and Review of Records 5. Review of Records C. Psychiatric Evaluation D. Assessment and Recommendation Staffing E. Issues Related to the Destination Facility F. Jetson Diagnostic Center Personnel G. Additional Issues II. GENERAL POPULATION MENTAL HEALTH SERVICES A. Overview of All Facilities 1. Goals 2. Structure 3. Treatment Planning 4. Comprehensive Mental Health Services 5. Transition Planning 6. Additional Issues B. Mental Health Services Staffing 1. Jetson Mental Health Services a) General Population b) Residential Mental Health Treatment Unit for Female Offenders c) Acute Care Psychiatric "bed". Needs C. Mental Health Coverage D. Administration 1. Structure 2. Policies and Procedures 3. System-wide Administrative Staffing Requirements 4. Consultants. Needs Bibliography

I. JETSON DIAGNOSTIC CENTER (JDC)—MENTAL HEALTH ASSESSMENT
All juvenile offenders in the custody of the Department of Corrections receive medical, mental health, and dental screenings at the Jetson Diagnostic Center. After assessment is completed, these youth are transferred, if necessary, to a destination facility that serves their rehabilitation and/or treatment needs. Approximately 2,000 children are evaluated at the JDC each year.
The goal of the mental health assessment is to identify strengths as well as mental health treatment needs. With proper treatment of serious mental illness, offenders can better participate in correctional, school, and other programs. To this end, assessment will be designed to assist in treatment planning. Generally, the assessment process will be completed by thirty (30) days of admission. Protocols for assessment, specifically psychological components will be developed at the JDC, under the direction of the JDC Director of Psychology Services. Protocols will be used system-wide, with ongoing training of correctional facility mental health staff as new instruments are developed/utilized via telehealth, staff meetings, and the juvenile justice training program.
996*996 A. Initial Mental Health Screening
When a youth is admitted to JDC, he or she will undergo an initial mental health screening (protocol to be developed) to be performed immediately by trained nursing personnel, clinical social workers, or trained correctional officers. This screening is intended to identify any potential emergency situations among new arrivals to the facility. This screen will assess whether the youth is experiencing significant current psychiatric difficulties, suicidal ideation, or homicidal ideation.
If after initial mental health screening the youth responds positively to questions of suicidal or homicidal ideation or is observed as presenting such a risk, he or she will be referred to a Qualified Mental Health Professional (QMHP, i.e., social worker, psychological associate) within twenty-four (24) hours. Until that time, the youth will be placed in a "crisis bed". When clinically indicated, the QMHP will contact the on-call psychiatrist for crisis management.
B. Intake Mental Health Evaluation
Following the initial mental health screening, all youth will receive an intake mental health evaluation by a QMHP to be completed by the end of fourteen (14) calendar days of admission. This evaluation will generally be initiated the first business day following admission to JDC. Pertinent releases of informational issues regarding confidentiality will be discussed at this time. The results of the assessment and all recommendations will become a part of the juvenile's health record. The Intake Mental Health Evaluation of seriously mentally ill offenders will include a DSM-IV diagnosis and clinical recommendations, including suggestions for treatment planning. This evaluation will consist of an 1) interview with the youth, 2) psychological screening, 3) assessment of intelligence, and 4) collateral interviews when possible and 5) review of all records available.

1. Interview with the Youth
The youth will undergo a structured interview regarding his or her history of psychiatric hospitalization and outpatient treatment, current psychotropic medications, suicidal ideation and history of suicidal behavior, drug usage, alcohol usage, sexual history, history of violence initiated as a result of interpersonal altercation where the goal is to injure the other person, history of victimization due to criminal violence and abuse, special education placement, history of cerebral trauma or seizures, and emotional response to incarceration (Metzner, 1997).
2. Psychological Screening
The youth will complete a psychological screening instrument either by computer or selfreport (with assistance if reading and comprehension level is below the fourth grade). Initially, this measure will be the Massachusetts Youth Screening Instrument (MaYSI; Grisso & Barnum, 1998) though this may be changed in the future if another measure is deemed more appropriate or more useful. The MaYSI was developed to identify potential mental health needs of youth in the juvenile justice system. It consists of 52 yes/no questions and has been normed with juvenile offenders. The MaYSI has nine (9) subscales including alcohol/drug use, anger, anxiety, depressed mood, impulsivity, somatic complaints, suicide ideation, thought disturbance, and traumatic experiences.
Should either the MaYSI or any of the other components of the intake mental health evaluation suggest that the youth is experiencing significant psychiatric symptoms, additional psychological testing will be performed when needed by a QMHP under the supervision of a licensed clinical psychologist or by a licensed clinical psychologist. This further testing will be tailored to address the specific areas of concern (e.g., psychosis, depression, anxiety, etc.) rather than a general assessment of psychopathology. The further testing could either be conducted 997*997 at JDC or at the destination facility, whichever is more appropriate.
3. Assessment of Intelligence and Adaptive Functioning
Assessment of intelligence will occur during the intake mental health evaluation. This assessment can be completed in one of two ways—1) a group screening measure to identify persons with possible mental retardation to be followed by an individually administered intelligence test (e.g., Wechsler Intelligence Scale for Children—Third Edition) if the screen suggests possible mental retardation or 2) an abbreviated, individually administered intelligence test (e.g., Kaufman Brief Intelligence Test; Wechsler Abbreviated Scale of Intelligence) to be administered to all youth. The latter would allow a brief (usually 30 minutes per child), reliable, and valid measure of intelligence when screening for mental retardation or giftedness.
If an individual's intelligence is measured to be less than 70, adaptive behavior assessment will occur. The assessment of adaptive behaviors may occur with regard to communication,

use of community resources, functional academics, home living, health and safety, leisure, self-care, self-direction, social, and work skills. Attempts will be made to contact the youth's family to evaluate areas of functioning and to determine strengths and weaknesses. However, contact with the family is not always possible. For these cases, teachers, direct care staff, unit social workers, or the youth may be interviewed with regard to the above. Proposed measures include the Vineland Adaptive Behavior Scales and the Adaptive Behavior Assessment System.
Measuring adaptive functioning is useful for purposes of treatment planning and skill development. To this end, if no family member is able to be contacted and if direct care or teaching staff does not have an adequate sample of the youth's behavior from which to rate his or her adaptive functioning, this component of the assessment will be completed by or under the supervision of clinical or school psychologists at the destination facility within 60 days of admission to that facility.
(Assessment of academic achievement and learning disabilities will not be provided by mental health services).
4. Collateral Interview
Collateral interviews will be conducted, when possible, via telephone, Telehealth, or in person with the youth's family, guardian, or other individuals familiar with the youth's functioning. Additionally, the evaluating professionals will consult with correctional officers during the assessment phase regarding any problem behaviors that may occur. These interviews may be conducted by QMHP's or clerical staff by using a structured interview questionnaire with follow up interview if necessary by QMHP's.
5. Review of Records
As noted by statute, the court assigning the child to the Department of Corrections shall provide written findings indicating the need for placement within the Louisiana Office of Youth Corrections, along with all available legal, medical, and mental health, and school records, reports reflecting the social background of the youth, family status, mode of living, behavior tendencies, or any other records that provide pertinent information about the youth upon admission to JDC. Protocols for exchange of information between the JDC and State/DOC Educational services will be developed. (An important feature of a thorough assessment is a record review; an automatic court order is recommended, via agreement so that all relevant records can be obtained as quickly as possible.)
C. Psychiatric Evaluation
If the youth has a history of recent treatment with psychotropic medication or if the offender's symptoms suggest he or she would benefit from a referral for possible medication management, he or she will 998*998 be referred to a psychiatrist for a complete psychiatric evaluation, including a DSM-IV diagnosis and psychiatric recommendations. Following the psychiatric evaluation, other evaluations and diagnostic tests (i.e., medical tests, laboratory

work, neurological evaluations, or emergency inpatient psychiatric hospitalization, etc.) will be recommended and conducted as needed. If the youth enters the facility taking psychotropic medications, the psychiatrist will conduct a medication evaluation within 24 hours or first business day, with a complete psychiatric evaluation within one (1) week of admission. Otherwise, the psychiatric evaluation, when indicated, will take place no later than two (2) weeks from referral.
D. Assessment and Recommendation Staffing for Offenders with Serious Mental Health Needs
Generally no later than thirty (30) days from admission (following the completion of the assessment), the JDC Assessment and Recommendation Team (ART) will meet. This team will be composed of a placement specialist designated by the Department of Corrections, a member of the youth's mental health diagnostic team (e.g., social worker, psychological associate, psychologist), educational representative when indicated, the youth, and his or her parent or guardian (if possible). The child's family or guardian can participate either in person, via Telehealth or via telephone (unless considered to be detrimental to the youth's well being). The lead psychologist or his/her designee will be in charge the staffing. Other professionals familiar with the youth whose input is necessary for determining optimal treatment are invited to attend (e.g., medical, school, corrections personnel, etc.). At the time of the ART staffing all diagnostic mental health assessments should be in the offender's permanent medical record. The goal of the ART staffing is to make final recommendations regarding all treatment needs of those offenders identified with serious mental health needs. (Treatment will be implemented at destination site, by treatment team)
E. Issues Related to the Destination Facility
The intake mental health assessment and the psychiatric evaluation (if applicable) will accompany those offenders with serious mental health needs to the destination facility via their permanent health record. Unless contraindicated at the current time, the treatment recommendations outlined in the JDC intake mental health evaluation should be followed with the treatment plan more fully developed if necessary to address any other indicated issues at the destination facility. The treatment plan can be amended by the receiving treatment team at any time, but must be reviewed initially. As stated earlier; further psychological testing and/or adaptive behavior testing may occur at the destination site; at a minimum, guidelines set by the JDC for psychological testing will be followed. (Year one Treatment Plans will be implemented at Jetson only by LSUHSC)
F. Jetson Diagnostic Center Personnel
In order to adequately screen and evaluate the 2,000 youth admitted to the JDC, a number of staff are needed. These include a director of the JDC, adequate child and adolescent psychiatric time, Board Certified psychologists with specialized training in child and adolescent psychology, and one with additional licensure in neuropsychology. All must be licensed in order to provide supervision. One will serve as the Assistant Director of the JDC and as Training director for the development of a clinical psychology postdoctoral

fellowship. Support staff are required, such as data entry clerks, staff for program evaluation (Masters Level in Human Service Field), secretarial support and transcriptions services are necessary due to the number of assessment reports. A post-doctoral training program will be developed at the JDC in year 2-3 for specialized post-graduate 999*999 experience in juvenile correctional psychology. Corrections will provide officers to transport youth to all mental health appointments in a timely manner.
G. Additional Issues
1. It will be necessary that adequate office space, storage rooms, office supplies, and space for assessment be provided. Furthermore, a waiting area for youth is necessary. It is recommended this area should be equipped with a television and VCR so that psychoeducation, hygiene, and other instructional videos can be shown to the youth while they wait for appointments.
2. The MaYSI should be developed into a computer-administered test that can be automatically scored once the youth completes the measure.
3. Psychological assessment tests, forms, and supplies need to be purchased. Approximate cost is $15.00 per offender assessed.
4. Cooperation with the Department of Corrections to ensure that youth will generally be admitted between the hours of 8:00 a.m. and 12:00 p.m., Monday through Friday (excluding holidays) is required. Provisions will be made for transport teams to the various correctional centers and for emergencies.
5. Liaison with judges, parish detention centers and field officers will be developed as possible so that all court/detention/probation records accompany youth upon their arrival to JDC.
6. Psychometric test scoring programs for all youth coming through the JDC: psychopharmacology software programs are required.
7. Computers and a networked printer will be provided via the Telehealth proposal.
II. GENERAL POPULATION MENTAL HEALTH SERVICES
A. Overview of All Facilities (To Be Implemented by end of Year Two)
TARGET POPULATION: Offenders with Serious Mental Health Needs

1. GOALS of mental health services for the Juvenile Correctional Facilities:
• To reduce the disabling effects of serious mental illness so that each offender's ability to effectively participate in correctional programs is maximized.
• To help keep the correctional facility safe for offenders, volunteers, staff, and visitors.
• To develop, with the collaboration of Corrections, an agency-wide behavior management and skill development system focusing on consequence-based rewards and demerits, implemented on a corrections-wide basis, with all mental health staff and correctional employees trained in this system via the Juvenile Justice Training Program.
2. Structure
Conceptually, each juvenile correctional facility will have a "community mental health center". Treatment of seriously mentally ill youth will utilize the intake assessment and recommendations provided by the JDC. Treatments provided will include when indicated intake screenings, psychiatric evaluation, evaluation and management of psychiatric medications, crisis intervention services, residential treatment, stabilization of acute psychiatric illness, brief psychotherapy, case management, specialized behavioral management, family therapy, group therapy, treatment team planning, consultation services, and discharge planning (emphasizing coordination with outpatient services and family reintegration). Family meetings will occur via telehealth when the family cannot attend in person whenever possible (provided the family will participate). Telehealth will also be used for intrafacility conferencing 1000*1000 when a youth is transferred, consultation between professional staff, and discharge planning with the family. Any of the above services may be rendered via Telehealth when appropriate/possible.
Consultation services will be provided upon request to correctional officers, supervisors, wardens, and education staff with regard to any offender in the facility experiencing difficulties or whom staff has concerns regarding the mental health needs of the youth.
Weekly mental health rounds of all juvenile offenders placed in segregated housing will occur. Offenders placed in segregated housing who are under the care of mental health team will be seen within 24 hours.
Generally those offenders with the most serious mental health needs will be treated at Jetson, Bridge City, and Swanson due to the proximity of tertiary care facilities, increased professional staff availability, and special treatment units unless contraindicated for security reasons.
3. Treatment Planning (@Jetson only Year One)
Upon transfer of the offender with serious mental health needs, the initial mental health screening and contact with family will be performed by the youth's social worker for all youth

recommended for mental health treatment services by the JDC, and for youth receiving mental health services who are transferred from another facility. This will occur in order to assess whether any difficulties have arisen during the transfer and to establish open lines of communication between the destination facility and the family/youth. Additionally, the youth with mental illness will meet a member of his/her treatment team with 24 hours of arrival at the facility.
Youth with mental health treatment plans will be under the direct care of the mental health treatment team (i.e., such as the psychiatrist, psychologist, social worker, psychological associate, correctional officers, etc.) at each facility. This team will be responsible for implementing the treatment plans of youth with serious mental illness and will meet initially to assess the efficacy of the plan and make revisions as indicated. Once the seriously mentally ill youth is stabilized in the general population, treatment plans will be reviewed every three (3) months. If youth should experience a crisis or other change in status, the crisis intervention protocols for seriously mentally ill will be followed.
Once a month, the seriously mentally ill youth's social worker will communicate any special concerns to the correctional officers and teachers. Relevant information regarding youth's progress and any adverse medication side effects that may be occurring will be sought by the youth's social worker. The social worker, in turn, will communicate with the psychiatrist when reviewing treatment progress to assess the efficacy of treatment and make revisions where indicated, and be available for consultations regarding the youth. It is the responsibility of the youth's social worker to gather and disseminate relevant mental health information.
4. Comprehensive Mental Health Services (at the end of year 2)
Essential mental health services will include access to acute care services, access to residential services, access to crisis and respite services, and 24-hour mental health coverage by qualified mental health professionals, and an on-call psychiatrist. The above services should greatly decrease the need for acute psychiatric hospitalization, but in the rare case it is needed, it will be the responsibility of the Department of Corrections to obtain in a timely manner (Pharmaceuticals will be provided by the Department of Corrections.)
System-wide protocols for youth with serious mental health needs will be developed to ensure a consistent response to mental health crises, including suicide prevention, seclusion and restraints, and selfmutilation, by the end of year one.
1001*1001 Trainees (e.g., child psychiatry and forensic psychiatry fellows, clinical psychology interns, post doctoral psychology fellows, post masters social workers and social work interns) from Louisiana State University Health Sciences Centers in New Orleans and Shreveport and Earl K. Long Hospital in Baton Rouge will be included in the mental health services divisions, residential treatment units, and diagnostic reception center whenever possible. These individuals would receive supervision from the recognized supervisor within their discipline.

5. Transition Planning
The social workers of the offenders in need of mental heath treatment after discharge from the correctional facility will contact the social worker at each facility at least forty-five (45) days prior to the child's release date. At each facility a social worker will be responsible for assisting these seriously mentally ill youth in transition from correctional facilities back to the community. The social worker will compare the mental health and medical record or mentally ill youth and will communicate the special needs of the youth with mental illness so that a successful transition into the community is accomplished. The social worker will specifically work with the guardians in the placement to which the child is going, ensuring transfer of information, and that services are in place. The social worker will maintain contact as needed for up to thirty (30) days after release.
6. Additional Issues
a) The Department of Corrections will provide appropriate bed space for the offender with acute psychiatric needs one (1) male "bed" designated and one (1) female "bed" designated). The Department of Corrections will provide adequate correctional officer staffing so that the youth will be observed every minute by the trained correctional officer, and accompanied at all times by the trained correctional officer. (at Jetson only Year One)
b) The Department of Corrections will provide for a twelve (12) bed residential mental health unit for female offenders at Jetson Correctional Center for Youth. The Department of Corrections will provide adequate correctional officer coverage for this unit (a minimum of two (2) trained correctional officers present on the unit at all times). (By the end of Year Two)
c) The Department of Corrections will expand current residential mental health unit at Swanson Correctional Center for Youth to the full capacity of sixty-two (62) beds and provide adequate correctional officer staffing (a minimum of six (6) trained correctional officers present on the unit, two (2) in each area, at all times.) (Year One)
d) The Department of Corrections will provide an eight to ten (8-10) bed residential unit at Swanson Correctional Center for Youth for those offenders with both serious mental illness and moderate to severe developmental disability. The Department of Corrections will also provide adequate correctional officer coverage ( a minimum of three (3) trained correctional officers present at all times.) (By the end of Year Two)
e) "Crisis beds" will be designated at each facility. These beds are for seriously mentally ill youth that are clinically determined to be considered dangerous to self or others. A specially trained correctional officer will observe the youth every minute and document observation. Admission to and discharge from the infirmary crisis and respite beds are by MD orders only. (Jetson only Year One)
f) "Respite beds" will be designated at each facility for those offenders in need of immediate supervision and intervention secondary to serious mental health needs, although not at a level of danger to self or others. (Jetson only Year Two)

g) Laboratory services should be available on a routine and emergency basis in all facilities.
1002*1002 h) Psychological assessment tests, forms, and supplies should be provided. The average cost per child evaluated is approximately $15.
i) At each facility, it will be necessary that there be adequate office space, storage rooms for charts, and adequate space for individual and group therapy.
j) Computers with Internet access, network printers and software will be provided in all facilities via the Telehealth proposal budget.
k) Office equipment and supplies are required at each facility.
B. Mental Health Services Staffing
Adequate mental health staffing will include a variety of mental health personnel including BC/BE child and adolescent psychiatrist, child psychologists, clinical social workers, psychological assistants, psychiatric nursing staff, and correctional officers with special training in mental health issues. Nurses trained in mental health will be designated at each facility through the Health Care Proposal. Correctional officers will be selected who will work closely in collaboration with the mental health staff on the specialized units. They will accompany offenders to all mental health appointments and be available should security needs arise.
1. Jetson Mental Health Services
(This does not include the diagnostic and reception center.)
A. General Population
Jetson has approximately 174 female offenders, and 322 male offenders, for a total of 496 youth in its general population. Our goal is to add treatment programming for all youth with serious mental health needs, including special treatment programming for female offenders with serious mental health needs.
In order to provide adequate psychiatric care for the seriously mentally ill youth housed in Jetson's general population, child psychiatric time will be required. A clinical psychologist's expertise is necessary for additional psychological evaluations based on new/exacerbated behavior/psychiatric difficulties, and in the creation of an individualized behavior management protocol and to conduct therapy/supervision. Psychological assistants are necessary to administer psychological testing, to assist in developing individualized behavior management protocols, and to conduct therapy. Psychiatric nursing is necessary to provide mental health nursing care covered in health care proposal. This individual would also serve as a liaison to other nursing staff in order to improve care of mentally ill youth across disciplines. Master's level social workers will be necessary to provide treatment and

case management services, at least one of whom should be a licensed medical social worker who will function in a supervisory capacity of those unlicensed social workers.
B. Residential Mental Health Treatment Unit for Female Offenders (By end of year two and dependent on physical facility availability)
Development of a Residential Mental Health Program (RMHP) serving a total of twelve (12) female youth is proposed. This would be a similar program to that which currently exists at the Swanson Correctional Center, a psychiatric residential setting for seriously mentally ill youth who cannot be managed in the general population and are in need of or more intensive diagnostic and treatment services.
In order to provide services for this population it is estimated that child and adolescent psychiatric time, psychology time, additional psychiatric nursing (not provided by the health care proposal), social worker, psychological assistant and psychiatric aides or correctional officers (a minimum of two trained officers present at all times) and clerical services are required.
1003*1003 C. Acute Care Psychiatric "bed" (Year One)
The designation of an additional "acute care bed", the site of which should be acceptable to the Medical Director of the Mental Health Services necessary for the short-term stabilization of female offenders with acute psychiatric illness; who can be treated adequately in the correctional setting. These services would be for youth who are for example acutely psychotic, manic or depressed. These individuals require acute treatment as they are potentially dangerous to themselves and or others as a result of an acute mental illness. Additional staffing for this service would include a psychiatric aide (or trained correctional officer) to observe the youth every minute.
Needs
1). Physical plant and programming issues need to be addressed concerning females.
2). Programs will be developed to address gender-specific issues for seriously mentally ill female offenders.
3). Designation of acute care "bed" with adequate staff available at all times.
4) In those instances, where the acute care treatment is not adequate, it will be DOC's responsibility to obtain hospital services in a timely manner.
C. Mental Health Coverage (Year one-Jetson/JRDC only)

It will be necessary to provide 24-hour mental health coverage for crisis situations. During normal working hours, coverage will occur by an on call QMHP staff designated at each facility with psychiatric back up in person, via telephone, or via telehealth for each facility.
During holidays, weekends, and after hours, the RN on site will be initially consulted. If necessary the RN will contact the on call psychiatrist available by telephone. Should the youth require a face to face contact, the QMHP on call will go to the correctional facility, evaluate the youth, and contact the on-call psychiatrist via telephone. One (1) QMHP would be designated "on call" evenings, holidays, and weekends at each facility. One (1) psychiatrist would be designated "on call" for Jetson & JRDC. A psychiatrist or emergency room physician would be available via telehealth if deemed necessary by the RN and MD on call.
D. Administration
1. Structure (At Jetson by end of Year One)(At all facilities by end of Year Two)
Administratively each juvenile correctional facility will have a medical director of psychiatric services, a director of social work services, and a director of psychology services. One of these professionals will be appointed to administrate and coordinate mental health care at that individual facility. This person will be accountable to the Director of Health Care of that facility. By the end of year two, each of the juvenile correctional facilities will have a Director of Health Care (directly responsible to the Director of Operations for the Juvenile Justice Program) and will oversee the provision of pediatric, dental, and mental health care at their facility. Year one, the Director of Operations will serve as the Director of Health Care at Jetson/JRDC.
The Medical Director of Psychiatric Services at each facility would supervise all clinical judgments regarding psychiatric and mental health care at each individual facility, implement clinical policies and monitor overall mental health treatment. The Director of Mental Health Care at each individual facility (Ph.D., BCSW, or MD) would be responsible for programmatic concerns including mental health center employee management and all day to day clinical activities. He/she would also be responsible for ensuring that all mental health policies are carried out at that facility.
LSUHSC has the ability to recommend to the Department of Public Safety and 1004*1004 Corrections (DPS & C) policy and procedures that relate to the provision of health services but that have concurrent operational interface with the unit. (LSUHSC can evaluate DPS & C compliance with recommendations and report accordingly.)
LSUHSC may make recommendations to DPS & C relative to offender transfers but may not order such transfers (LSUHSC may evaluate DPS & C in timely compliance with recommendations.) DPS & C must document reason if youth is not transferred.

LSUHSC Directors of Mental Health, Social Work, Psychology, Nursing, Dental, and Adolescent Health Services, Training/Research and Psychology will be directly responsible to the Program Director of the LSUHSC Juvenile Justice Program. The LSUHSC Directors will recruit and hire all employees within their disciplines, develop training programs, such as the social work post-masters child forensic fellowship, and the post-doctoral psychology fellowship. He/She will lead the development of protocols in their discipline, and the dissemination of that information to all directors of their field at each institution. He/She will be professionally responsible for the directors at each facility in their field.
2. Policies and Procedures/Quality Assurance for Offenders with Serious Mental Health Needs (By End of Year One)
Policies and procedures for the provision of mental health services and documentation of those services will be developed for use by LSUHSC staff in all facilities as well as site specific policies when indicated. These policies and procedures will be updated annually and will include:
a. Crisis intervention protocols including suicide and violence prevention
b. acute drug/alcohol intoxication and withdrawal (to be developed in collaboration with Pediatrics)
c. sexual assault (to be developed in collaboration with Pediatrics)
d. seclusion and restraints of mentally ill youth
e. psychopharmacology—management of psychotropic medications
It must be the policy and procedure of each facility that clinical decisions and actions regarding mental health care services be the sole responsibility of the qualified mental health care professional.
Review panels will be established to ensure adequate documentation of mental health encounters. This will include policies on confidentiality, sharing of information, availability and use of records, transfer of records, and retention of records.
A QA Program and committee will be established to monitor the quality of mental health services provided. Review panels will be established to ensure adequate documentation of all mental health encounters. The quality assurance committee on a quarterly basis and will conduct chart reviews.
A Director/Coordinator of Quality Assurance will be appointed who will be directly accountable to the Program Director. The QA Director will chair the Quality Assurance and Policy and Procedure Committees.
3. System-Core Administrative Staffing Requirements

Administrative staff will be responsible clinically and administratively at Jetson/JRDC Year One. A core administrative staff is required to oversee the quality of provision of mental health services to Juvenile Corrections. A board -certified/board-eligible child and forensic psychiatrist with specialized training in the assessment and treatment of behavior disorders will function in the role of the Director of Mental Health Services. He/she will be responsible for the professional standards for psychiatric health care across facilities.
A Ph.D.-level licensed clinical psychologist with special training in child, and adolescent, will function as the Director of 1005*1005 Psychological Services at JRDC. He/she will be responsible for psychological assessment protocols, system-wide procedures in psychological services, and the development of training in psychology related fields. He/she will also be responsible for development of professional standards for psychological services across facilities and coordination of all intake data.
A licensed clinical social worker experienced in the assessment and treatment of juvenile offenders, will function as the Director of Social Work, and will be responsible for the development of social work practice standards. He/she will develop a framework of therapeutic services for the treatment of juvenile offenders, develop social work training programs, and serve as a liaison to community treatment providers, probation services and education.
A registered nurse experienced in both psychiatric and medical health care, will function as the Director of Nursing. He/ she will be responsible for the coordination of nursing services and will develop professional standards for nursing services in the juvenile correctional system for both psychiatric and medical health care. He/she will be responsible for training of correctional officers to assist with nursing, health and mental health of specialized units. He/she will serve as a liaison to nursing staff at all facilities utilized by Juvenile Corrections. He/she will directly interact with nurses at all facilities in order to ensure the quality of all nursing services.
A Director/Coordinator of Quality Assurance will assist in the formation of quality assurance panels, review panels, protocols and other administrative issues, as well as chairing QA and PP committees, and to ensure that all quality assurance data is being gathered. This person will have special expertise in administration of public health care.
A psychiatrist board eligible in child/adolescent and forensic psychiatry, with experience in the evaluation and treatment of juvenile offenders, correctional psychiatry and acute crisis services, and treatment for the severely/[illegible text]ely mentally ill. He/she will function as the Director of Operations responsible for the day to day operation of the health care program system-wide by the end of year two. He/She will be responsible for coordinating the consultation/referral services that will be provided by LSU hospitals or others, and for ensuring that all policies and procedures developed by the administration are carried out by each facility via the facility Health Care Director.
The Director of the LSUHSC Juvenile Justice Program, will be a, M.D., forensic, child and adolescent psychiatrist with experience in Program administration and development, and assessment and treatment of juvenile offenders. The Program Director will be directly accountable to the Dean of the LSUMC in New Orleans. The, LSUHSC Juvenile Justice

Program will be administered via the LSUHSC, School of Medicine in New Orleans, Office of the Dean.
4. Consultants (see biographical sketches)
Several expert consultants will aid in the design and implementation of services or this project. The project consultants include 1) a mental health law attorney, who has special expertise in the administration of forensic mental health systems. 2) A clinical psychologist with special expertise in assessment and treatment delivery systems in correctional mental health, and 3) An assessment and outcomes expert to aid in the development of data systems and outcome measures. These consultants will provide direct consultation to the Director for the Juvenile Justice Program, and designees in these areas.
Needs
a) Administrative support is required to aid the mental health and QA Directors in their responsibilities.
b) Consideration for travel (i.e., vehicle allowance, mileage reimbursement), lodging, 1006*1006 and meals is necessary to carry out their duties.
c) Budgetary consideration will be given for office needs.
d) A policies and procedures manual for mental health services will be developed and updated annually.
Bibliography:
Cohen, F and Dvoskin, J: Inmates with Mental Disorders: A Guide to Law and Practice. Mental Psychiatric Disability Law Report 16:462-70, 1992.
Grisso, T. & Barnum, R. The Massachusetts Youth Screening Inventory (MaYSI). Unpublished manuscript.
Harrison, P & Oakland, T. (2000). Adaptive Behavior Assessment System (ABAS). San Antonio, Texas: The Psychological Corporation.
Kaufman, A.S. & Kaufman, N.L. (1990).Kaufman .......... Intelligence Test (K-BIT). American Guidance Service.
Metzer JL. An introduction to correctional psychiatry: Part III. J Am Acad Psychiatry Law 26; 1:107-115, 1998.
Metzner JL, Miller RD, Kleinsasser D. Mental health screening and evaluation within prisons. Bull Am Acad Psychiatry Law 22; 3:451-457, 1994.

Metzner JL. An introduction to correctional psychiatry: Part I. J Am Acad Psychiatry Law 25; 3:375-381, 1997.
Metzner JL. An introduction to correctional psychiatry: Part II. J Am Acad Psychiatry Law 25; 4:571-579, 1997.
Metzner JL. Guidelines for psychiatric services in prisons. Crim Behav Ment Health 3:25267, 1993.
Rosenbaum SH. Civil Rights Issues in Juvenile Detention and Correctional Systems. Corrections Today, 148-156, 1999.
National Commission on Correctional Health Care: Standards for Health Services in juvenile detention and confinement facilities. Chicago, IL: National Commission on Correctional Health Care, 1996.
Sparrow, S., Balla, D., & Cicchetti, D. (1984). Vineland Adaptive Behavior Scales. Circle Pines, Minnesota: American Guidance Service.
Steadman HJ, Holohean EJ, Dvoskin J. Estimating mental health needs and service utilization among prison inmates. Bull Am Acad Psychiatry Law 19:297-307, 1991.
The Psychological Corporation (1999). Wechsler Abbreviated Scale of Intelligence (WASI). San Antonio, Texas: Authors.
ATTACHMENT F
DENTAL CARE SERVICES PROPOSAL FOR THE LOUISIANA OFFICE OF YOUTH CORRECTIONS FOR JETSON CORRECTIONAL CENTER FOR YOUTH (JCCY)
Prepared by Timothy J. Delcambre, DDS, MHA Department of General Dentistry LSU School of Dentistry LSU Health Sciences Center June 22, 2000
Dental Care Services
I. The following will be provided to all offenders: (By end of Year Two) 1. Proper Diagnosis: thorough screening and examination 2. Prevention: through education of the offenders in basic oral hygiene
instruction. The placement of sealants and proper fluoride treatment when clinically indicated.
1007*1007 3. Emergency Dental Treatment: through Oral Surgery (extraction of
nonrestorable and/or infected teeth), Endodontics (root canal therapy on infected

restorable teeth), Periodontics (gum therapy for gingival infections).
II. Initial Evaluation—to take place at the intake center (JRDC) (By end of Year One)
1. Screening for a) Oral pain b) Oral infection 1) dental: periapical (abscesses) 2) periodontal/gingival c) caries (decay) d) gingival health e) present oral hygiene habits Screening will need the following radiographic needs when clinically
indicated. 1. a panoramic radiograph 2. a bilateral bitewing x-rays (interproximal cavity-finding) series 3. periapical dental radiographs as needed
2. Full Dental Examination (radiographs obtained from screening exam) a) Extraoral Exam for: 1) Temporomandibular Joint Dysfunction (TMJ) 2) Lymphadenopathy 3) Symmetry b) Intraoral Exam for: 1) soft-tissue pathology 2) occlusion 3) caries (decay) detection 4) gingival exam c) Treatment Plan: To address primarily oral infections and function through - Oral Surgery - Endodontics - Prevention - Periodontics - Operative Dentistry
3. Prevention Program to be initiated based on the clinical needs of each child
4. Emergency Dental Treatment to care for acute infections.
III. Definitive Dental Treatment—to take place at any facility with necessary resources
(LSUHSC will provide treatment at Jetson/JRDC Year one)
If the offender is to remain at JCCY, the Definitive Dental Treatment will be given
by the dental staff there by the end of year one.
If the offender is to be transferred to another juvenile facility, then the dental
record with radiographs will follow that offender in the medical chart.
Definitive Dental Treatment with further Prevention Therapy can be followed upon
by the dental personnel at the other facility.
Purpose— to control dental infection and regain function through the following:

a) Oral Surgery 1) removal of all non-restorable, infected teeth 2) incision and drainage of abscesses
b) Endodontics 1) to treat with root canals, teeth that are infected but
restorable c) Periodontics 1) Scaling and root planning (deep cleaning) of teeth 2) Gingival treatment of Necrotizing Ulcerative Gingivitis (NUG)
of Juvenile Periodontitis.
d) Operative Dentistry (When clinically necessary for functioning) 1) restoration of posterior (back) teeth with:
1008*1008 a) amalgam b) stainless steel crowns c) needed liners/bases, and pins
2) restoration of anterior (front) teeth with: a) composite (tooth colored filling) b) needed liners/bases
ATTACHMENT G
PROPOSAL JUVENILE JUSTICE TRAINING PROGRAM
PURPOSE
The overall purpose of the Juvenile Justice Training Program is aimed toward constitutional requirements as defined by national standards of care regarding juveniles offenders detained in juvenile correctional facilities, especially those of protection from harm, by providing training to all employees and staff responsible for and/or involved with the juvenile correctional facilities.
MISSION
The overall mission of the Juvenile Justice Training Program is to educate those interacting within the Juvenile Correctional Facilities and with juvenile offenders in the areas of knowledge necessary to effectively work with this specific population.
Special training is necessary to work within the juvenile correctional setting. Children in juvenile correctional facilities are often diagnosed with mental illness, medical illness, or developmental disabilities. Many have substance abuse disorders, are victims or perpetrators of abuse/sexual abuse, are behaviorally disordered, are at risk to harm others or self, and many often require crisis interventions. In addition, children in Louisiana's juvenile correctional facilities range in age from 10 to 21, requiring staff to understand working with children and adolescents, such as reasonable expectations for their developmental level. Children in close confinement can be at risk of harm from serious offenders, gang members, sex offenders, and those few staff who abuse their positions of power. It is essential that staff understand these realities and the special dangers they

present. Finally, knowledge of the proper use of seclusion and restraint in the mentally disordered youth are also necessary.
In order to continue the positive cultural change that has begun by the current administration, it is imperative that all staff at every level of the organization have a consistent and practical understanding of fundamental principles.
Skills required in juvenile correctional staff depend on the particular job of the individual; however all staff require training in the special needs of children as noted in the areas above. Thus, adequate supervision and training of all staff is necessary. Particularly noted is the importance of individualized treatment, the need for specific types of skills training, and collaboration between correctional staff, mental health staff, educational staff, medical staff, and administration. Also important is a systematic way of handling problems, and interaction with other systems and the child's family especially upon admission and discharge.
Supervisors and Administrators should be trained in the roles of professional staff, maintaining adequate supervision of children and staff, methods of decreasing staff turnover, promoting improved communications/liaisons among all staff, development of evidence staff is learning and using new knowledge.
GOALS AND OBJECTIVES
The basic goals of training include safety, core clinical issues, and oversight.
Goals of Training:
1009*1009 1. Each staff member will understand the joint mission and philosophy of the LSUHSC Juvenile Justice Training Program and the Office of Youth Development.
2. Each staff member will understand the basic normal development of children and adolescents.
3. Each staff member will have a basic understanding of the special needs of children in regards to medical and mental health needs.
4. Each staff member will have a basic understanding of positive behavioral change in children in the juvenile correctional system.
5. Each staff member will understand the rights and responsibilities of each youth in the juvenile correctional system.
6. Each staff member will be aware of the responsibilities of other staff member working within the juvenile correctional system.
7. Each staff member will exhibit a practical working knowledge of the specific skills necessary to perform their particular job with efficiency, efficacy, and professionalism.
Objectives of Training:

1. Each staff member will be able to cite the basic concepts of positive behavioral change for children.
2. Each staff member will be able to demonstrate through role-playing the ability to use their learned skills in the performance of their duties.
3. Each staff member will be able to identify basic signs of mental illness, medical disorders, and developmental disorders.
4. Each staff member will demonstrate via testing knowledge retained via training.
TRAINING AUDIENCE
All staff of juvenile correctional facilities must receive specialized training in order to work within this setting. Correctional work is an area of specialized knowledge and skill, and particularly so for juvenile corrections. This type of work is extremely stressful at times for both staff and youth requiring an adequate level of training, supervision, and support to meet the goal of protection from harm for both staff and children. This area of knowledge is rapidly growing, both legally and clinically, and the need for all staff to receive current information and skills as becomes available is crucial.
Target Audiences:
1. Administrators/Supervisors
2. Project Zero Tolerance Investigators
3. Clinicians
4. Educators
5. Correctional Officers
6. Ancillary Staff
7. Advocates
8. Volunteers
(Training for Judges and Attorneys who directly work with juvenile delinquents would be especially beneficial, as well. Education regarding appropriateness of sentencing, special needs populations, delineating those children who actually pose a risk to the community versus those who could remain on probation, the use of diversion programs, etc. would add to the overall benefit of the juvenile correctional system as it directly relates to the judiciary.)
TYPES OF TRAINING
1. CORE TRAINING: Eventually, this will comprise the pre-service training package for all employees newly hired to the juvenile correctional facilities. During Year 2 of this contract, all existing department or institutional employees will receive this block of training, until all

existing employees have been trained. This will ensure that all staff share a collective and consistent vision of the shared mission and philosophy.
2. PRE-SERVICE TRAINING: All newly hired correctional officers must 1010*1010 complete this 20 hour block as part of their mandatory pre-service training, prior to beginning work.
3. INSERVICE TRAINING/CONTINUING EDUCATION: All staff must receive continuing education, which shall include core instruction for all staff and elective training modules, which may be selected by the staff member and/or mandated according to the person's specific job duties.
Pre-Service Training will be offered bimonthly at a central location. In addition, specific annual training of twenty hours per year would be required for certain types of employee. All staff completing the basic training and annual training hours would receive certificates of training from LSU Health Sciences Center.
1. Year Two (Initial Core Training of All Current Employees):
As start up, all staff currently employed by juvenile correction facilities will require the core training of 20 hours, approximately 1500 employees, divided among four correctional facilities. Continuing Education credits will be provided for clinical staff, i.e., social workers, psychologists, physicians.
2. Core Training for New Correctional Officers Year Two:
The core basic curricula will be offered at the Training Academy on the schedule for new correctional officers, approximately twice per month.
3. Annual Update Training subsequent to Year One (see above)—To Begin Year 2:
Twenty hours of continuing education will be provided for all specialized staff and correctional officers in their area of specialty and core information. This will be provided on site and via telehealth.
4. Semiannual Site Visits:
Site visits would occur on a semiannual basis beginning after training is initiated order to assess the ability of the staff to utilize the knowledge from the training, to conduct training needs assessment through individual conferences, focus groups, and administration surveys, and to gather other information for future trainings in each specialty area.

5. Documentation of Training:
Each juvenile facility's administration will be responsible for documentation of all employees' completion of required training. LSUHSC will offer a certificate of completion of the core basic training, and annual training.
6. Access to Literature and Reference Materials:
It is recommended that each facility have basic current reference books as an adjunct to training which should be supplied on a yearly basis by the Department of Public Safety and Corrections such as the 1) Physician's Desk Reference, 2) The Louisiana Children's Code, 3) Child Social Work Reference, Child Psychiatric Text, and 4) Pediatric Reference Material., 5) Medical Dictionary.
7. Consultative Services
As per request of Corrections, the JJTP will provide consultative services in reviewing all training currently provided by DPS and C to juvenile correctional officers to determine appropriateness, relevance, and priority and make recommendations to the Assistant Secretary.
SAMPLE CURRICULUMS (Curriculum will be determined and developed during year one implementation; as well as based upon settlement agreement)
SAMPLE CORE TRAINING FOR ALL STAFF:
I. Basic Constitutional and Legal Rights of Juvenile Offenders
II. Overall Mission and Philosophy of LSUHSC JJTP
III. Normal Child and Adolescent Development (currently contracted out to LSU Shreveport)
IV. Communication Skill Training
V. Behavioral Management Training
VI. Crisis Prevention and Intervention
1011*1011 VII. Recognition and Treatment of Common Medical and Mental Health Disorders
VIII. Basic Medication Management of Disorders: Indications and Side Effects
IX. Documentation and Record Keeping
X. Special Needs of Female Offenders
XI. Indicators and Interventions of Risk of Self to Harm and Others
XII. Child Abuse: Legal Responsibilities and Clinical Indicators

XIII. Roles and Responsibilities of Staff in Juvenile Correctional Facilities
SPECIALTY AREAS: (Sample Curriculum))
ADMINISTRATIVE:
I. Core Legal Responsibilities as settlement requires II. Implementation of Legal Responsibilities III. Techniques for Self Monitoring IV. Review Committees, Development of Unified Policies and Procedures Regarding Medical and Mental Health Reviews V. Operationalizing the Issues VI. Screening/Hiring Methods VII. Staffing/Supervisory Methods VIII. Medical and Mental Health Disorders within the Juvenile Correctional Population IX. External Systems Interacting with Juvenile Corrections X. Medical Records and Information, Documentation, Record Keeping XI. Promotion of Change within a System XII. Use of Telehealth Services
CLINICAL STAFF: (Sample Curriculum)
I. Legal and Ethical Responsibilities in Juvenile Corrections II. Juvenile Corrections Health Care Standards III. Child and Adolescent Development IV. Mental Disorders Commonly found in Juvenile Offenders V. Female Juvenile Offenders: Special Needs VI. Assessment and Diagnosis of Juvenile Offenders VII. Use of Medications and Side Effects VIII. Assessment for Risk of Self-Injury/Harm to Self and Others IX. Proper Use of Seclusion and Restraint in the Mentally Disordered Child X. Assessment and Interventions of Child Abuse: Physical, Sexual, and Emotional

XI. Successful Treatment Models for Juvenile Offenders XII. Discharge Planning and Community Liaisons Relating to Medicine and Mental Health Needs of Juveniles Being Released. XIII. Ethical Issues in Juvenile Correctional Health Care XIV. Use of Telehealth in Assessment and Treatment of Juvenile Offenders XV. Roles and Responsibilities of Clinical Staff XVI. Interactions with the Court Regarding Medical and Mental Health Issues, and Report Writing XVII. Team Building and Generalization of Treatment to the Correctional Community
CORRECTIONAL STAFF: (Sample Curriculum)
I. Juvenile Court System, Legal Process, and Juvenile Rights in Secure Detention II. Child and Adolescent Development and Expectations III. Effective Interactions with Behavior-Disordered Youth IV. Violent Youth V. Assessing and Dealing with Issues of Harm to Self and Others VI. Proper Use of Seclusion and Restraint in the Mentally Disordered Child 1012*1012 VII. Documentation and Note Taking VIII. Working as a Team
PROJECT ZERO TOLERANCE INVESTIGATORS (Sample Curriculum)
I. Child Abuse Reporting Laws II. Rights of Juvenile Offenders III. Responsibilities of Staff IV. Recognition of Child Abuse: Sexual, Physical, and Emotional V. Child Abuse Assessments VI. Confidentiality and Privacy Issues VII. Interviewing a Child VIII. Collection of Collateral Data and Evidence IX. Understanding the Physical and Mental Health Assessment

X. Formulating an Opinion
XI. Report-Writing
XII. Potential Conflicts or Bias
IX. Case Example (working session)
(Curriculum will be fully developed based on settlement agreement, and funding)
TRAINING TECHNIQUES
All new correctional officer training will occur on monthly basis at minimum at the Training Academy. All other new staff training will occur every 90 days at an agreed upon site.
New Staff Training involves didactic material, interactive and small groups involving teams, and crisis prevention techniques.
Annual Training would occur at each site and via teleHealth videoconferencing. As different sites develop specialized programs, site trainings can be tailored to meet the individual needs of the site.
To provide ongoing support for these training initiatives, LSUHSC will provide brief videotapes to be shown weekly/monthly to all staff via shift briefings.
Core and annual training topics and emphasis may be adjusted over time based on the needs of staff.
At this time, normal child and adolescent development is contracted out, and not covered in costs.
Training of Judges and Attorneys, if performed, would be in conjunction with the ongoing LSU Judicial College Programs. (Not covered in costs)
INFRASTRUCTURE
The Juvenile Justice Training Program would be housed administratively in the Dean's Office at the LSUHSC in New Orleans, Louisiana, with the Director of the JJTP administratively accountable to the Program Director of the Juvenile Justice Program who is directly accountable to the Dean of the School of Medicine in New Orleans. The program will be administered in the Dean's Office of the LSU Health Sciences Center in New Orleans.
The Juvenile Justice Training Program Staff Infrastructure would include a core of LSU professionals, support staff, and a contract staff to provide more specialized needs. Through the Dean's office, the JJTP, can contract with Medical School personnel, to provide training.

IMPLEMENTATION
The implementation of this project will begin with the approved-signed contract for the training proposal, and the appointment of the Director of the JJTP. The initial one year period will include the hiring of staff and development of training curricula. Core training will first be provided to correctional officers and correctional supervisors/administrators, as a priority. Training of correctional officers will be provided at each individual. During Year 2, all new and current staff will be trained in the core curriculum. Staff other than correctional officers can be trained off site in group sessions. After all correctional officers, administrators, and supervisors have been trained, the proposed order of personnel training is:
Educators
Advocates
1013*1013 Clinicians
Ancillary Staff/Volunteers
During Year 1, a curriculum will be developed for Project Zero Tolerance. Investigator Training will occur at the end of Year 1.
Year 2, will encompass training of all current and new employees.
Time Line After Contract is Executed:
1 —4 months: Hire full-time LSU Core Staff 6 —9 months: Development of Training Modules 9-12 months: Recruit and Hire for Specialized Services 9-12 months: Train PZD Investigators; Crisis Prevention Training at Jetson
Year 1 will include training of Project Zero Tolerance Investigations.
Year 2 will include training of all staff and new hires in the core curriculum.
Training will be implemented via different groups of staff for Correctional Officers at each individual facility as follows; During year 2:
Jetson
Bridge City
Tallulah

Swanson All other staff will be trained in group sessions at a central location.
COSTS
Equipment Costs: (Detailed Budget Attached) 1. Copier 2. 6 Computers 3. 1 Network Printer 4. Software 5. Office Furniture/Equipment Staffing Costs: (For full implementation beyond Year 2) 1. Core Staff a. Director/Child and Forensic Psychiatrist.5 FTE b. Assistant Director/Child/Research Psychologist 1 FTE c. Curriculum Development/Trainers— 2 FTE d. Program Evaluator 1 FTE e. Administrative Assistant 1 FTE f. Assistant Business Administrator.5 FTE 2. Part-time Contracts for Specialized Services/Consultations a. Health Law Attorney b. Crisis Specialist c. Child Psychopharmacologist d. Pediatrician e. Child Trained Social Workers/Counselors f. Law Enforcement/Investigator g. Public Health Administrator

3. Program Consultants (Legal, Clinical, and Outcomes Experts)
4. Books/Reference Material, for each facility
5. Travel Expenses
6. Operating Expenses such as Telephones/Long Distance; Postage; Printing Training Manuals, A/V Equipment for Training
7. Office Supplies
8. Administrative Services, such as purchasing, computer training for employees, hiring of new employees, credit costs for courses offering credit, CU costs for all of the professions receiving professional credit training.
9. Office Space
BIBLIOGRAPHY
Alexander J, Austin J. Handbook for Evaluating Objective Prison Classification Systems. National Council on Crime and Delinquency, 1992, National Institute of Corrections. US Department of Justice. Publication # 010675.
Cohen F. Legal issues in the mentally disordered inmate, in F Tracy (editor): Sourcebook on the Mentally Disordered 1014*1014 Prisoner. Washington, DC: National Institute of Corrections, 1985, pp. 31-90.
Metzer JL. An introduction to correctional psychiatry: Part III. J Am Acad Psychiatry Law 26; 1:107-115, 1998.
Metzner JL, Miller RD, Kleinsasser D. Mental health screening and evaluation within prisons. Bull Am Acad Psychiatry Law 22; 3:451-457, 1994.
Metzner JL. An introduction to correctional psychiatry: Part I. J Am Acad Psychiatry Law 25; 3:375-381, 1997.
Metzner JL. An introduction to correctional psychiatry: Part II. J Am Acad Psychiatry Law 25; 4:571-579, 1997.
Metzner JL. Guidelines for psychiatric services in prisons. Crim Behav Ment Health 3:25267, 1993.
National Commission on Correctional Health Care: Standards for Health Services in Jails. Chicago, IL: National Commission on Correctional Health Care, 1996.
National Commission on Correctional Health Care: Standards for Health Services in Prisons. Chicago, IL: National Commission on Correctional Health Care, 1992.

Proceedings of a National Forum on Creating Jail Mental Health Services for Tomorrow's Health Care Systems, Nov 9-10, 1994. National Institute of Corrections. US Department of Justice. Publication # 012934.
Profiles of Correctional Substance Abuse Treatment Programs: Women and Youthful Violent Offenders. NIC Information Center, Jan 1994. National Institute of Corrections, U.S. Department of Justice. Publication # 011369
Roth LH. Correctional psychiatry, in WJ Curran, AL McGarry, SA Shah (editors): Forensic Psychiatry and Psychology: Perspectives and Standards for Interdisciplinary Practice. Philadelphia PA: FA Davis Co, 1986, pp. 429-68.
Steadman HJ, Holohean EJ, Dvoskin J. Estimating mental health needs and service utilization among prison inmates. Bull Am Acad Psychiatry Law 19:297-307, 1991.
REFERENCES:
Beyond the Walls, Improving Conditions of Confinement for Youth in Custody, U.S. Department of Justice, Office of Juvenile Justice and Delinquency Prevention, January 1998.
Desktop Guide to Good Juvenile Detention Practice; Research Report, U.S. Department of Justice, Office of Juvenile Justice and Delinquency Prevention, October 1996.
Juvenile Detention Training Needs Assessment, Research Report; US Department of Justice, Office of Juvenile Justice and Delinquency Prevention, April 1996.
[1] A copy of the Settlement Agreement shall be attached to this order.
[*] This capacity may be temporarily exceeded if needed to accommodate the closure of the Jena Juvenile Justice Center.
[*] Except 10 p.m.—6 a.m., then 1 correctional officer per quad with 1 rover per building.
[**] Administrative Segregation beds—not included in total capacity
[*] Administrative Segregation beds—not included in total capacity.
[**] Cypress A & B share an additional rover 16 hours per day.
[*] Plus 2 rovers 6 a.m.—10 p.m.
Plus 1 rover 10 p.m.—6 a.m.
[**] Administrative Segregation beds—not included in total capacity.

 
 IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF LOUISIANA

HAYES WILLIAMS, et al.

)

Plaintiffs,

)

)

v.

)

)

JOHN McKEITHEN, et al.

)

Defendants,

)

)

UNITED STATES OF AMERICA,

)

Amicus Curiae.

)

)

IN RE: JUVENILE FACILITIES )

)

IN RE: TALLULAH CORRECTIONAL )

CENTER FOR YOUTH

)

)

IN RE: JETSON CORRECTIONAL )

CENTER FOR YOUTH

)

)

IN RE: SWANSON CORRECTIONAL )

CENTER FOR YOUTH

)

)

IN RE: LOUISIANA TRAINING

)

INSTITUTE - BRIDGE CITY)

)

IN RE: JENA JUVENILE JUSTICE )

CENTER

)

______________________________)

)

BRIAN B., et al.

)

Plaintiffs,

)

)

v.

)

)

RICHARD STALDER, et al.,

)

Defendants.

)

______________________________)

Civ. No. 71-98-B
Civ. No. CH 97-MS-001-B Civ. No. CH 97-0665-B-M1 Civ. No. CH 97-0666-B-M1 Civ. No. CH 97-0667-B-M1 Civ. No. CH 97-0668-B-M1 Civ. No. CH 98-0804-B-M1
Civ. No. 98-886-B-M1

August 17, 2000 (1:04 pm) ::ODMA\GRPWISE|DOMAIN.POSTOFC:Client:6031.1

THE UNITED STATES OF AMERICA, )

Plaintiff,

)

)

v.

)

)

THE STATE OF LOUISIANA,

)

et al.,

)

Defendants.

)

_____________________________ )

)

A.A., et al.,

)

Plaintiffs,

)

)

v.

)

)

WACKENHUT CORRECTIONS CORP., )

et al.,

)

Defendants.

)

______________________________)

Civ. No. 98-947-B-1 Civ. No. 00-246-C-M1

TABLE OF CONTENTS I. Introduction (¶1 - ¶9). . . . . . . . . . . . . . . . 3 II. Definitions (¶10 - ¶19) . . . . . . . . . . . . . . . 9 III. Juvenile Justice (¶20 - ¶75) . . . . . . . . . . . . 12 IV. Medical, Dental and Mental Health (¶76 - ¶116) . . . 60 V. Quality Assurance (¶117 - ¶121) . . . . . . . . . . . 77 VI. Compliance and Monitoring (¶122 - ¶141) . . . . . . . 87

August 17, 2000 (1:04 pm) ::ODMA\GRPWISE|DOMAIN.POSTOFC:Client:6031.1
2

SETTLEMENT AGREEMENT FOR MEDICAL, DENTAL, MENTAL HEALTH, REHABILITATION AND JUVENILE JUSTICE ISSUES
I. INTRODUCTION 1. This Agreement is entered among the following: the United
States Department of Justice as identified in ¶ 10 (the “DOJ”), the private plaintiffs as identified in ¶ 14 (the “Plaintiffs”), and the State, as defined in ¶ 19 below. This Agreement settles and resolves four lawsuits (the “Lawsuits”) concerning the juvenile justice, medical, dental, mental health, and rehabilitative services in the State of Louisiana’s secure juvenile facilities. The four Lawsuits settled by this Agreement are: (1) Williams v. McKeithen, Civ. No. 71-98 (including the following subdockets opened in that action: In Re: Juvenile Facilities, Civ. No. CH 97-MS-001-B; In Re: Tallulah Correctional Center for Youth, Civ. No. CH 97-0665-B-M1; In Re: Jetson Correctional Center for Youth, Civ. No. CH 97-0666-B-M1; In Re: Swanson Correctional Center for Youth, Civ. No. CH 970667-B-M1; In Re: Louisiana Training Institute - Bridge City, Civ. No. CH 97-0668-B-M1; and In Re: Jena Juvenile Justice Center, Civ. No. CH 98-0804-B-M1);(2) Brian B. v. Stalder, Civ. No. 98-0886-B-1; (3) A.A. v. Wackenhut Corrections Corporation, Civ. No. 00-246-CMI; and (4) United
August 17, 2000 (1:04 pm) ::ODMA\GRPWISE|DOMAIN.POSTOFC:Client:6031.1
3

States v. Louisiana, Civ. No. 98-0947-B-1. In order to resolve the juvenile justice, medical, dental, mental health, and rehabilitation issues in this litigation, the parties have entered into this Agreement, which, if complied with within the time frames specified below, will result in the dismissal of the Lawsuits, except as provided in ¶ 9 below. The terms of this Agreement shall apply to the secure juvenile facilities operated by or on behalf of the State and any other secure juvenile facility opened during the life of the Agreement. All parties agree and recognize that the obligations contained in this Agreement and any remedies flowing therefrom are limited to conditions within the secure juvenile facilities and do not follow the juvenile after his/her final discharge from the facility. This provision shall not prevent the DPSC from continuing its current practice of providing short-term medications. This Agreement shall not increase or decrease any rights that juveniles held in secure facilities, on parole, or on probation supervision may or may not have upon their release from secure facilities. 2. As part of this Agreement, the Department of Public Safety and Corrections (“DPSC”) shall revise as necessary its policies and procedures to ensure that they are consistent with the provisions of this Agreement. 3. The State denies any allegations upon which the Lawsuits are based. The State has
August 17, 2000 (1:04 pm) ::ODMA\GRPWISE|DOMAIN.POSTOFC:Client:6031.1
4

entered this Agreement in order to avoid the cost and uncertainty of litigation. 4. The United States’ Jena Agreement and the Private Plaintiffs’ Jena Agreement, both
entered on or about April 13, 2000, are terminated and are of no further effect. The State agrees not to house juveniles at the Jena Juvenile Justice Center in Jena, Louisiana during the term of this Agreement. 5. Immediately upon execution of this Agreement, the parties shall jointly move the Court for an Order to conditionally dismiss the Lawsuits except as provided in ¶ 9 below. Immediately upon execution of this Agreement, the parties shall jointly move the Court for an Order terminating and rescinding all existing, orders, judgments or decrees that purport to address conditions of confinement in Louisiana’s secure juvenile facilities, except as set forth in this paragraph:
a. Consent orders. The effect of the following consent orders is stayed until either: (a) final dismissal of these actions, at which time all consent orders shall be terminated and shall have no prospective effect; or (b) 120 days following entry of an order reopening these actions: April, 1996 Order (Bridge City Correctional Center), November 14, 1996 Order (Swanson Correctional Center for YouthMonroe), April, 1998 Order (Jetson Correctional Center for Youth), and November 15, 1994 Order (Tallulah Correctional Center for Youth), as modified by orders dated February 21, 1995, November 19, 1996, December 22, 1995, November 12, 1997, November 20, 1997, December 16, 1997, December 23, 1997 and March 10, 1998.
August 17, 2000 (1:04 pm) ::ODMA\GRPWISE|DOMAIN.POSTOFC:Client:6031.1
5

b. Jurisdictional orders. The substantive effect of the following orders may have been

superceded, modified or rescinded; however, these orders may continue to be cited

and relied upon by the parties solely for the purpose of establishing this Court’s

jurisdiction, for the purpose of establishing class counsel or prevailing party status,

and for the purpose of supporting the “Attorney Fee Claims”:

June 10, 1975

Judgment adopting Special Master's report

August 6, 1980

Original judgment on attorney's fees/prevailing parties

January 24, 1983

Injunction to stop accepting juvenile until population limits set

February 7, 1983 Motion to set population limits on juvenile facilities

December 7, 1983 Stipulation and Consent Decree for adult facilities

April 24, 1984

Juvenile consent decree

November 26, 1986 Extension of consent decree

January 6, 1988

Extension of consent decree

October 27, 1988 Extension of consent decree

January 30, 1991 Class certification order

June 25, 1990

Original appointment of Nordyke and Denlinger

June 25, 1991

Ruling setting attorney fee rates

June 30, 1993

Extension of Consent Decrees and other Judgments

December 22, 1994 Order concerning TCCY

June 23, 1995

Order denying Motion by Transamerica

August 17, 2000 (1:04 pm) ::ODMA\GRPWISE|DOMAIN.POSTOFC:Client:6031.1
6

Development

September 26, 1996 Order granting motion to terminate consent decrees for adult facilities except LSP and the Juvenile Facilities

April 1, 1997

Order granting motion by to release adult institutions except LSP and the juvenile facilities

September 24, 1998

Motion and Order Approving Settlement and terminating consent decree and supervision over LSP but preserving claims regarding Juvenile Facilities

December 9, 1998 Minute Entry concerning class certification in Brian B.

April 21, 1999

Order granting motion for partial dismissal of LSP

c. Surviving Orders. The following surviving orders are not stayed; however, all

surviving orders shall automatically terminate upon final dismissal of these actions

(unless previously modified or terminated):

June 21, 1989

Original appointment of Court expert

August 19, 1994

Order pertaining to the appointment of the Court Expert

September 26, 1996 Order appointing Expert John Whitley

The Court shall retain jurisdiction over the claims in the Lawsuits until the final judgment of dismissal is entered. 6. The Motion to Conditionally Dismiss shall include a request for the Court to order a “fairness” hearing under Rule 23 of the Federal Rules of Civil Procedure as soon as notice

August 17, 2000 (1:04 pm) ::ODMA\GRPWISE|DOMAIN.POSTOFC:Client:6031.1
7

can be given, pursuant to that Rule. This Agreement shall be void if the Court does not approve the settlement at that fairness hearing. The parties agree to ask the Court to hold in abeyance Plaintiffs’ motion to certify a class in Brian B. v. Stalder and A.A. v. Wackenhut. If the Lawsuits are reopened, Plaintiffs may reurge these motions. In connection with the re-urging of these motions, the State agrees to permit Plaintiffs to name replacement class representatives in Williams, Brian B. and/or A.A. and to waive the requirements for exhaustion of administrative remedies, provided that Plaintiffs have given the State written notice of the claims to be asserted, at least ten days prior to reurging of the motion. 7. The Motion to Conditionally Dismiss shall include a request that the Court preserve the substance of any unasserted cross claims and third party demands that the State may have against other defendants in any of the Lawsuits until such time as a final judgment of dismissal is entered. 8. This Agreement shall be effective on September 1, 2000. The State’s obligations under this Agreement shall arise on June 1, 2001, except to the extent specific provisions establish a different deadline. 9. This Agreement compromises and settles all claims asserted in the Lawsuits except: a. Claims pertaining to the validity, applicability and constitutionality of the
administrative remedy procedure (ARP). Plaintiffs stipulate to the entry of an order dismissing all claims and allegations related to ARPs in the Lawsuits, without prejudice to their right to reassert those claims either in new actions or in
August 17, 2000 (1:04 pm) ::ODMA\GRPWISE|DOMAIN.POSTOFC:Client:6031.1
8

the Lawsuits if the Lawsuits are reopened in accordance with this Agreement. b. Claims pertaining to education issues. Claims relating to education issues are the
subject of a separate Settlement Agreement entered on or about November 1, 1999. c. Claims for attorneys fees. This Agreement does not purport to address Plaintiffs’ claims for attorneys fees in the Lawsuits. II. DEFINITIONS 10. The term “DOJ” shall refer to the United States Department of Justice. 11. The terms “facilities” and “secure juvenile facilities” refer to the Jetson Correctional Center for Youth (JCCY), the Swanson Correctional Center for Youth - Monroe (SCCY), the Bridge City Correctional Center for Youth (BCCY), the Swanson Correctional Center for Youth - Madison (SCCY-M) (formerly known as the Tallulah Correctional Center for Youth), the Juvenile Reception and Diagnostic Center (“JRDC”), and any other facility used for the housing of juveniles owned or operated on behalf of the State during the operation of this Agreement, but excluding juvenile detention facilities. 12. The term "intake" refers to the day that the individual arrives at the reception and diagnostic center for admission into the secure juvenile facilities. 13. The term "juvenile" refers to any juvenile who has been adjudicated delinquent and is residing at any facility during the operation of this Agreement. 14. The term “Plaintiffs” refers to the non-governmental agency private plaintiffs in Williams v. McKeithen, Civ. No. 71-98 (M.D. La.); Brian B. v. Stalder, Civ. No. 98-0886-B-1;
August 17, 2000 (1:04 pm) ::ODMA\GRPWISE|DOMAIN.POSTOFC:Client:6031.1
9

A.A. v. Wackenhut Corrections Corporation, Civ. No. 00-246-C-M1; and the suits entitled In Re: Juvenile Facilities, Civ. No. CH 97-MS-001-B; In Re: Tallulah Correctional Center for Youth, Civ. No. CH 97-0665-B-M1; In Re: Jetson Correctional Center for Youth, Civ. No. CH 97-0666-B-M1; In Re: Swanson Correctional Center for Youth, Civ. No. CH 97-0667-B-M1; In Re: Louisiana Training Institute - Bridge City, Civ. No. CH 97-0668-B-M1; and In Re: Jena Juvenile Justice Center, Civ. No. CH 98-0804-B-M1. 15. The term “serious mental illness” shall include disorders of mood and cognition (with the exception of mental retardation) that significantly interfere with functioning in at least one essential sphere of the juvenile’s life, e.g.: psychotic disorders, mood disorders, the aggressively mentally-ill, and juveniles who exhibit self-mutilating or suicidal behavior. 16. The term “mental retardation” refers to significant sub-average intellectual functioning with an Intelligence Quotient (IQ) of 70 or below with concurrent deficits or impairments in present adaptive functioning in at least two of the following areas: communication, self care, home living, social/interpersonal skills, use of community resources, self-direction, functional academic skills, work, leisure, health and safety, with onset before age eighteen. 17. The term “Provider” shall refer to a department, agency or division of Louisiana state government with particular expertise in the provision of medical, dental, and mental health care contracted by DPSC to provide medical, dental, and mental health care to juveniles. 18. The term “serious injury” means any injury that threatens a juvenile’s life or limb, or one that requires urgent treatment by a doctor, or severely restricts the juvenile’s usual activities, or requires follow-up by a doctor.
August 17, 2000 (1:04 pm) ::ODMA\GRPWISE|DOMAIN.POSTOFC:Client:6031.1
10

19. The term “State” shall refer to the Governor, the Secretary of the DPSC, the Secretary of the Department of Health and Hospitals and all Departments and Agencies of the State of Louisiana, and their employees, agents, contractors, and successors, who are wholly or partially responsible for the care of juveniles confined in the juvenile facilities, with the understanding that the Governor’s obligations under this Agreement have been delegated to the Secretary of the DPSC. As used in this Agreement, the term “State” shall not include or mean the Board of Supervisors of Louisiana State University and Agricultural and Mechanical College (“LSU”) or any of the institutions under its management or supervision. Notwithstanding any other language or provision contained in this Agreement, this Agreement shall not be construed to create any obligations flowing from Provider or LSU to Plaintiffs or DOJ. As used in this Agreement, the “State” shall not include the City of Tallulah or LaSalle Parish Hospital District Number 2.
III JUVENILE JUSTICE A. Protection from Abuse and Violence
20. The State shall establish and implement policies and procedures for the purposes of providing juveniles with safe and humane living conditions, protection from physical, sexual, and mental abuse by facility staff, and from juvenile-on-juvenile violence and sexual abuse, and other forms of victimization (such as “strong-arming”).
21. The State shall continue to advise all staff and juveniles on a regular basis that violence will not be tolerated and that the following conduct by either staff or juveniles is strictly
August 17, 2000 (1:04 pm) ::ODMA\GRPWISE|DOMAIN.POSTOFC:Client:6031.1
11

prohibited in all of the facilities and will result in disciplinary sanctions and referral for criminal prosecution, where warranted: (a) sexual abuse, (b) physical abuse, (c) emotional abuse, (d) corporal punishment, and (e) staff permitting, enticing, or inducing juveniles to assault each other. The State shall also immediately inform juveniles and staff that those who report alleged abuse will be protected from retaliation. 22. Within two months of the effective date of this Agreement, the State shall require all mandatory child abuse reporters at the facility to acknowledge their obligation in accordance with State law to report suspected child abuse and inform all mandatory reporters of the office and telephone number to which such suspected abuse should be reported. The State’s obligation under this section will be discharged upon obtaining employees’ signatures acknowledging their understanding. “Acknowledgment” training will be provided annually to all mandatory child abuse reporters.
If the Louisiana Department of Social Services contacts the State regarding an allegation of abuse, the State will insure that the allegation has been, or is being, investigated. 23. The State shall ensure immediately that all juveniles have adequate means to report abuse, including at a minimum, providing the juveniles with direct and confidential access to the Project Zero Tolerance (“PZT”) Hotline. The State shall ensure that all calls to the hotline are reviewed at a minimum twice daily by supervisory investigators.
Within two months of the effective date of this Agreement, the State shall ensure that there are at least two fully operational telephones in each of the housing units, at least
August 17, 2000 (1:04 pm) ::ODMA\GRPWISE|DOMAIN.POSTOFC:Client:6031.1
12

one operational telephone in each counselor’s office, and at least one operational telephone in the infirmary that juveniles may use to place a PZT call. The State shall ensure that a maintenance order is placed within one business work day for every juvenile telephone that is in need of repair and will make best efforts to ensure that the phone is repaired as soon as possible. 24. Within one month of the effective date of this Agreement, the State shall ensure that: (a) every juvenile who reports to a facility infirmary with an injury or pain shall be questioned by a health care staff, outside the hearing of officers or other juveniles, regarding the cause of the injury or pain; and (b) if in the course of the juvenile’s infirmary visit abuse is alleged or health care staff suspects abuse, the health care staff shall call the PZT Hotline following delivery of necessary medical care and adequately document the matter in the juvenile’s medical record, fill out an incident report, and log the PZT call in the infirmary log. 25. Within three months of the effective date of this Agreement, the State shall ensure that any allegation or incident involving neglect, abuse, excessive use of force, use of any type of chemical restraint, or incident/accident resulting in serious injury is adequately reviewed, investigated, and documented in a timely manner. If a full investigation (see ¶ 26 a - i) is not warranted, then the reasons why a full investigation is not conducted shall be documented in writing. In cases where a juvenile withdraws an allegation, the investigators shall record the investigation on the log, conduct a preliminary investigation to determine the circumstances and reasons for the withdrawal, and in cases where it is
August 17, 2000 (1:04 pm) ::ODMA\GRPWISE|DOMAIN.POSTOFC:Client:6031.1
13

warranted, complete the investigation of the abuse allegation. In no case shall an investigator do an investigation on an incident in which he or she was personally involved. Whenever practicable, PZT Investigators will interview juveniles outside of school hours; however, a juvenile may be removed from school by a PZT investigator as part of a PZT investigation, and the State shall not be required to comply with all academic and vocational program participation requirements for that juvenile for that day.
A letter confirming the outcome of the investigation shall be sent to parents/guardians or other close family members when those persons have identified themselves at the time of referral and have provided a mailing address. 26. The State shall promulgate and implement system-wide policies for the investigation of allegations of neglect, abuse, excessive use of force, and incidents and/or accidents resulting in serious injury. The policies shall identify the types of actions that normally would be taken in such an investigation including: a. Taking photographs of all visible injuries; b. Securing, examining and photographing all physical evidence; c. Interviewing the alleged victim and perpetrator in individual, private, in-person
interviews with a record made of the substance of the interview (written statements by staff or juveniles shall not be substituted for personal interviews); d. Identifying and interviewing privately, separately and in-person, all possible witnesses, including other juveniles and staff in the building or unit at the time of the incident;
August 17, 2000 (1:04 pm) ::ODMA\GRPWISE|DOMAIN.POSTOFC:Client:6031.1
14

e. Examining the juvenile’s and staff member's institutional, personnel and other records, including any prior allegations of abuse against the staff person whether substantiated or not;
f. Staff and juvenile witnesses to the alleged abuse are not, at any time after an incident, questioned or interviewed by staff who due to their assignments and/or relationship with the alleged perpetrator have or appear to have a conflict of interest in investigating the allegation;
g. Whenever there is reason to believe that a juvenile may have been subjected to physical sexual abuse, the juvenile is examined by non-DPSC health care personnel with special training and experience in conducting such assessments;
h. For all investigations not completed within ten working days, notification detailing the need for additional time and an estimate of the additional time needed shall be provided to the supervisory investigators; and
i. The investigation makes an explicit determination of whether any facility staff knew of, but did not report, the alleged abuse or provided false information during the investigation.
27. Every PZT investigation shall result in a written report. The report contents will be appropriate to the extent of investigation required to issue a finding. The report shall explicitly and separately set forth the following as appropriate to the investigation: a. each allegation of wrongdoing investigated; b. the name(s) of all alleged victims and perpetrators;
August 17, 2000 (1:04 pm) ::ODMA\GRPWISE|DOMAIN.POSTOFC:Client:6031.1
15

c. the names of all witnesses; d. the names of all persons interviewed during the investigation; e. all documents reviewed during the investigation; f. whether videotapes were examined and, if not, why not; g. all other sources of evidence considered; h. all PZT investigations and their results, involving the alleged victim(s) and
perpetrator(s); i. the investigator’s findings; j. the investigator’s reasons for his or her conclusion.
A copy of the summary/conclusion of the investigation of a substantiated allegation will be placed into the file of the juvenile who is the subject of the investigation. 28. The State shall employ trained, independent investigators at each facility with adequate experience and training in investigations to accomplish these tasks. The investigators shall prepare comprehensive written investigation reports, setting forth their complete investigative findings and the basis of their findings. The reports shall be simultaneously forwarded to the facilities’ wardens and supervising PZT investigators at Headquarters. These investigators shall report to the wardens of the facilities. If the warden is personally involved in a particular incident, then a PZT investigator assigned from DPSC Headquarters shall conduct the investigation. 29. The State shall employ at least the following number of FTE investigators within 12 months of the effective date of the Agreement:
August 17, 2000 (1:04 pm) ::ODMA\GRPWISE|DOMAIN.POSTOFC:Client:6031.1
16

JCCY 3

SCCY

2

BCCY 1.5

SCCY-M 3

In addition, the State shall employ two supervisory investigators who shall

supervise and assist the investigators and who shall monitor all calls made to the PZT

Hotline. The supervisory investigators shall report to the Office of the Secretary and shall

implement policies and procedures for the investigation of allegations of neglect, abuse,

violence, excessive use of force, and serious injury system-wide.

30. Within three months of the effective date of this Agreement, the State shall ensure that:

a. all employees or contractors against whom physical abuse or sexual misconduct is

substantiated shall be appropriately processed through a performance appraisal

action or disciplinary action.

Where significant physical abuse or sexual misconduct is substantiated, or

where there is a pattern of substantiated abusive behavior, the employee or

contractor shall be terminated and shall not knowingly be employed at another

secure juvenile facility;

b. allegations of criminal sexual misconduct and physical abuse by staff resulting in

lacerations requiring sutures, fractures, serious injuries, or death are referred for

evaluation of the appropriateness of criminal prosecution to state authorities, the

United States Attorney’s Office in the district in which the facility is located, and

August 17, 2000 (1:04 pm) ::ODMA\GRPWISE|DOMAIN.POSTOFC:Client:6031.1
17

the Criminal Section of the Civil Rights Division of the Department of Justice; and c. Any staff member under investigation for physical abuse or sexual misconduct shall
be separated from any contact with juveniles or placed on leave if the State has a reasonable basis to believe that abuse or sexual misconduct warranting termination of employment may have occurred. 31. The State shall keep records of the results of every PZT investigation at the facility and in a central registry maintained by the State. These records shall be maintained in a manner that permits investigators and other appropriate personnel to easily access every PZT investigation involving a particular staff member or juvenile. A copy of the summary/conclusion portion of every PZT investigation substantiating misconduct by staff shall be permanently placed in the staff member’s personnel record. 32. Within nine months of effective date of this Agreement, the State shall establish the Multiple Allegation Database (MAD). This database will be used to screen for staff with multiple allegations to determine those whose behavior may need to be modified. a. The MAD shall collect and record the staff’s complete name, the date of each allegation of abuse or misconduct against the staff, the date each alleged event occurred, the name of the staff or juvenile making the allegation of abuse or misconduct against the staff, the identifying number of the investigation done in response to the allegation, the outcome of the investigation, and the discipline, training, or counseling imposed or mandated as a result of the investigation, if any. b. The MAD shall be maintained during the staff’s employment and for five years
August 17, 2000 (1:04 pm) ::ODMA\GRPWISE|DOMAIN.POSTOFC:Client:6031.1
18

after the staff leaves employment. c. The Youth Programs Compliance Division shall review staff with three or more
allegations of abuse or misconduct relating to safety or welfare of juveniles within a two-year period and, if warranted, take appropriate follow-up action (such as meeting with the staff, recommending remedial training, counseling, transfer, reassignment, or disciplinary action). 33. As part of each PZT investigation, investigators shall examine the PZT investigation history of the parties involved in the current investigation. This shall include reference to the central PZT registry maintained by the State. 34. The State shall document in the personnel record of every person hired after the entry of this Agreement that the facility has consulted the facility records and the central PZT registry to determine whether the candidate has ever been the subject of a substantiated PZT investigation at any facility in the State and to review any other complaint history. 35. No facility may knowingly hire any individual who has had an allegation of abuse substantiated against him or her that resulted in termination of employment or resignation to avoid termination. In addition, the MAD shall be checked as part of the preemployment review process. And, to the extent possible, the MAD shall be updated within 180 days of creation to include all cases of substantiated abuse that resulted in termination or resignation to avoid disciplinary action within the previous 365 days.
36. Within four months of the effective date of this Agreement, the State shall confirm that
August 17, 2000 (1:04 pm) ::ODMA\GRPWISE|DOMAIN.POSTOFC:Client:6031.1
19

criminal background checks, as described herein, have been completed on all existing staff and the State will complete criminal background checks on all prospective employees and existing employees whose background check does not conform to the requirements of this paragraph. A background check shall include checking with the National Crime Information Center and the Louisiana Computerized Criminal History system. The State shall complete the above checks on all prospective employees before they have any contact with juveniles. Additionally, finger prints of all employees, existing and prospective, shall be submitted to the State Police in accordance with the Louisiana Child Protection Act. The State shall take appropriate action to protect the welfare and safety of the juveniles based upon the information obtained from the checks. By April 1, 2002, the State shall provide the United States with information identifying all correctional officers employed on March 15, 2002 in a manner sufficient for the United States to review each officer’s arrest and conviction records through the National Crime Information Center. During the Private Plaintiffs’ and the United States’ compliance tour, the State shall provide to the United States evidence of the specific personnel action taken regarding any employees identified by the United States with criminal convictions or arrest records. 37. Within 12 months of the effective date of this Agreement, the State shall install round-the-clock closed circuit video cameras in the following areas of Louisiana’s juvenile facilities: common areas of administrative segregation/single cell housing units, common areas of medical care areas, dining halls, dormitory sleeping areas, and dormitory day
August 17, 2000 (1:04 pm) ::ODMA\GRPWISE|DOMAIN.POSTOFC:Client:6031.1
20

rooms. Cameras will be positioned in order to eliminate and/or reduce blind spots. The system shall record video from each camera at a rate of not less than 7.5 frames per second. All tapes shall be retained for a period of 50 days, except that any tape recording of an incident that is the subject of a (1) PZT investigation, (2) referral for prosecution or actual criminal prosecution, (3) civil lawsuit, or (4) request by counsel for an investigation to be conducted or for the tape to be retained shall be maintained indefinitely. PZT investigators shall review at least 12 hours of random videotape footage per month per institution. 38. The State shall not use corporal punishment on juveniles. B. Staffing/Capacity 39. The State agrees that the juvenile facilities shall be subject to the following population limitations as of the effective date of this Agreement: Swanson Correctional Center for Youth - Madison Unit 512 Jetson Correctional Center for Youth 600 Swanson Correctional Center for Youth -
Monroe 370 * Bridge
City Correctional Center for Youth
180 * This capacity may be temporarily exceeded if needed to accommodate the closure of the Jena Juvenile Justice Center.
August 17, 2000 (1:04 pm) ::ODMA\GRPWISE|DOMAIN.POSTOFC:Client:6031.1
21

a. The State agrees that, within 3 months of the effective date of this Agreement, the capacity of the individual housing units within each of the juvenile facilities will be limited in accordance with the schedule in ¶¶ 40-43.
b. The State may exceed the capacities of residential dorms by two float beds on a temporary basis (up to four days) in order to accommodate transfers or other movements of juveniles within the facility. The State will not, however, increase the capacity of a residential dormitory - even on a temporary basis - if such an increase would violate good correctional practice or would violate State Fire Code limitations. The use of float beds under this provision shall not result in an increase of the overall population limit for any facility, as previously set forth in this paragraph.
c. Within 12 months of the effective date of this Agreement, the State shall post correctional officers and/or other direct care workers in housing units as set forth in ¶¶ 40-43. Correctional officers assigned to residential units shall accompany the juveniles housed in those units on a roughly proportional basis throughout the day.
d. Whenever three direct care staff are assigned to a residential unit, at least two of those staff members must be correctional officers.
40. Swanson Correctional Center for Youth - Madison

Dormitory or Cellblock

Capacity

Staff 24 hour

Staff 3 to
11

August 17, 2000 (1:04 pm) ::ODMA\GRPWISE|DOMAIN.POSTOFC:Client:6031.1
22

Dormitory or Cellblock
Alpha Bravo Charlie Delta Echo Foxtrot Golf Hotel India Montana A Montana B Java A Java B Java C Java D Kentucky A Kentucky B

Capacity

Staff 24 hour

Staff 3 to
11

36

2

1

36

2

1

36

2

1

36

2

1

-

-

-

36

2

1

36

2

1

36

2

1

36

2

1

32

2

1

32

2

1

20

2*

20

2*

20

2*

20

2*

20**

2*

20**

2*

August 17, 2000 (1:04 pm) ::ODMA\GRPWISE|DOMAIN.POSTOFC:Client:6031.1
23

Dormitory or Cellblock
Kentucky C Kentucky D

Capacity

Staff 24 hour

Staff 3 to
11

20**

2*

20**

2*

Louisiana A

20

2*

Louisiana B

20

2*

Louisiana C

20

2*

Louisiana D

20

2*

TOTAL

512

• Except 10 p.m. - 6 a.m., then 1 correctional officer per quad with 1 rover per building.
** Administrative Segregation beds - not included in total capacity
a. No staffing is required for individual quads of Java, Kentucky or Louisiana if quad is not occupied.
b. Echo is removed from the capacity count and will be a recreational building. c. If the population of any dormitory is reduced to 25 or below, then the 3 p.m. - 11
p.m. swing shift may be eliminated. d. On weekends, one full-time staff member (from the above chart) who will receive
August 17, 2000 (1:04 pm) ::ODMA\GRPWISE|DOMAIN.POSTOFC:Client:6031.1
24

training appropriate to his or her duties will structure leisure activities for each dorm or cellblock. 41. Swanson Correctional Center for Youth - Monroe

Dormitory or Cellblock
Holly A Holly B Holly C Holly D Cypress A Cypress B APD Mimosa Pecan Willow Red Bud McKoin

Capacity Staff 24 hour

Staff 3 to 11

36

2

1/3

36

2

1/3

36

2

1

36

2

1/3

16*

1**

16

2**

30

3

36

2

1

36

2

1

36

2

1

36

2

1

36

2

1

TOTAL

370

August 17, 2000 (1:04 pm) ::ODMA\GRPWISE|DOMAIN.POSTOFC:Client:6031.1
25

• Administrative Segregation beds - not included in total capacity.
** Cypress A & B share an additional rover 16 hours per day. a. If the population of any dormitory except the APD is reduced to 25 or below, then the 3 p.m. - 11 p.m. swing shift may be eliminated. b. On weekends, one full-time staff member (from the above chart) who will receive training appropriate to his or her duties will structure leisure activities for each dorm or cellblock except that Holly A, B, and D shall be considered one housing unit for purposes of this paragraph. c. When Cypress A converts to the mental health unit, an additional 24-hour post will be added and the 16 hour rover post will be eliminated. The overall capacity will then increase from 370 to 386 beds.
42. Bridge City Correctional Center for Youth

Dormitory or Cellblock

Capacity

Staff Staff 24 hour 3 to
11

Open Dorm

20

Brown

50

Kennedy

30

Lincoln

40

King

40

2

3

2

1

2

1

2

1

August 17, 2000 (1:04 pm) ::ODMA\GRPWISE|DOMAIN.POSTOFC:Client:6031.1
26

Dormitory or Cellblock

Capacity

Staff Staff 24 hour 3 to
11

TOTAL

180

a. If Brown Dormitory is reduced to 36 or below, staffing may be reduced to two 24hour posts and one 3 p.m. - 11 p.m. post.
b. On weekends, one full-time staff member (from the above chart) who will receive training appropriate to his or her duties will structure leisure activities for each dorm.
43. Jetson Correctional Center for Youth

Dormitory or Cellblock

Capacity

Staff 24 hour

Staff 3 to
11

Rosebud Ivy Leaf Ivy Leaf Oakwood Willowwood Maplewood

52 52 8 ** 40 40 40

3

3

1

2

1

2

1

2

1

August 17, 2000 (1:04 pm) ::ODMA\GRPWISE|DOMAIN.POSTOFC:Client:6031.1
27

Dormitory or Cellblock
Elmwood Magnolia Evergreen Walnut Pinecrest Alpha Bravo Hunt Delta A Delta B Delta C

Capacity

Staff 24 hour

Staff 3 to
11

40

2

1

40

2

1

40

2

1

42

2

1

40

2

1

50

3

50

3

50

3

12**

1*

12

1*

12

1*

TOTAL

600

*

Plus 2 rovers 6 a.m. - 10 p.m.

Plus 1 rover 10 p.m. - 6 a.m.

** Administrative Segregation beds- not included in total

capacity.

a. If the population of any dormitory is reduced to 25 or below, then the 3 p.m. - 11

August 17, 2000 (1:04 pm) ::ODMA\GRPWISE|DOMAIN.POSTOFC:Client:6031.1
28

p.m. swing shift may be eliminated. b. If the population of Rosebud or Ivyleaf is reduced to 36, then one of the three 24-
hour posts may be eliminated but one 3 p.m. - 11 p.m. staff member shall be added. c. On weekends one full-time staff member (from the above chart) who will receive training appropriate to his or her duties will structure leisure activities for each dorm and cellblock. 44. Except as provided below, the State shall not permit correctional officers working in juvenile housing units to work more than 120 hours in any 14-day period, nor more than 5 consecutive days. During an emergency, the Warden may initiate a variance to this paragraph. The definition of emergency shall not include problems associated with understaffing. 45. Within three months of the effective date of this Agreement, the State shall develop a plan, timetable and performance objectives for reducing turnover and vacancy rates for direct care staff. The State shall make their best efforts to reduce the annualized turnover rate of direct care staff in each facility to below 100%, and the State shall make their best efforts to maintain the number of vacant positions in each facility at no more than 15% of budgeted positions within six months of the effective date of this Agreement. The State shall make their best efforts to reduce the annualized turnover rate of direct care staff in each facility to below 50%, and the State shall make their best efforts to maintain the number of vacant positions in each facility to no more than 5% of the budgeted positions,
August 17, 2000 (1:04 pm) ::ODMA\GRPWISE|DOMAIN.POSTOFC:Client:6031.1
29

within one year of the effective date of this Agreement. A. Direct Care Staff Training 46. Within 23 months of the effective date this Agreement, the State shall ensure that all staff who have direct contact with juveniles are adequately trained and can demonstrate competence in the following areas: a. stages of adolescent development; b. communication skills, including specific instruction on verbal de-escalation
techniques; c. behavior management and the management of aggressive behavior; d. basic training relating to juveniles with mental health issues, including recognizing
signs of mental retardation, developmental disabilities and mental illness and appropriate methods of interaction with such juveniles; grief and loss among juveniles; and measuring and monitoring behavior changes; e. crisis prevention and intervention, including the prevention and intervention in suicidal behavior and self-mutilation; f. basic Constitutional and legal rights of juveniles in juvenile facilities; g. report writing; h. basic training relating to medical care, including basic medical terminology; recognizing and responding to seizure disorders; common side effects of prescription and non-prescription medication; and confidentiality of medical information;
August 17, 2000 (1:04 pm) ::ODMA\GRPWISE|DOMAIN.POSTOFC:Client:6031.1
30

i. the physical and emotional needs of pregnant residents (for staff working with female juveniles);
j. universal precautions to prevent infection with TB and AIDS; k. certification in first aid and cardiopulmonary resuscitation; l. accommodations needed for mentally ill and physically or developmentally disabled
juveniles; m. fire safety and evacuation procedures and conducting of regular emergency
evacuation drills; n. use of force policy; and o. Project Zero Tolerance and the grievance system. 47. Within 23 months of the effective date of this Agreement, all direct care staff and all case workers shall be taught effective, non-punitive ways to manage juveniles. Case workers shall have a working knowledge of the rehabilitative and/or mental health treatment plans of the juveniles in their care. Direct care staff shall be provided enough information by caseworkers regarding treatment and/or rehabilitative issues of the juveniles in their caseload to facilitate the direct care staff’s supervision of the juveniles. 48. Within 23 months of the effective date of this Agreement, the State shall ensure that all staff who have regular and routine contact with juveniles are adequately trained concerning the standards for physical management of juveniles and what constitutes abuse. a. Employees will take all reasonable steps to minimize situations requiring a use of
force and to minimize the amount of force used in those situations. When
August 17, 2000 (1:04 pm) ::ODMA\GRPWISE|DOMAIN.POSTOFC:Client:6031.1
31

possible, actions other than use of force, such as staff presence, verbal directions and warning, crisis intervention techniques, and passively removing a juvenile from an area of group activity without the use of physical handling, will be used; b. Force will be used only as a last resort to control the juveniles; c. The amount of force used will be proportional to the threat to which it is a response and cease when the resistance ceases; d. Force may be used only: i. To prevent an escape; ii. To prevent an act which could result in death or severe bodily harm to the
juvenile or another person; iii. To defend one’s self or others against a physical assault; iv. To separate participants in a fight; v. To prevent substantial damage to property; and vi. When necessary, to enforce legal orders and instructions. e. Whenever possible, force will not be used against juveniles with mental illness or mental retardation before appropriate medical, mental health, or counseling personnel can be called to the scene. f. The first action taken to gain control will be direct, verbal instructions to cease the behavior, unless the employee perceives that life or health will be jeopardized, or that there is a substantial threat to security. g. When determining the need to use force, factors to be considered include but are
August 17, 2000 (1:04 pm) ::ODMA\GRPWISE|DOMAIN.POSTOFC:Client:6031.1
32

not limited to: lack of appropriate response to repeated direct orders and other efforts to temper the situation, severity of the situation and/or behavior, threat to self or others, and disruption to the unit or program. The State shall ensure that within twenty-three months of the effective date of this Agreement and presentation to the Plaintiffs, the DOJ and the Court Expert of the training course material, all staff who have contact with juveniles shall attend a competency-based training course in restraint methods that will include passive restraint methods. Failure of existing staff to successfully complete the program will result in adverse performance appraisal action and the training will be rescheduled. The State will use the performance appraisal to remove staff who repeatedly fail to meet the requirements of this paragraph. Newly recruited or hired staff must successfully complete the training prior to having any contact with juveniles. The training program shall be tailored to adolescent correctional populations, rather than adult correctional populations, and will include communication techniques, basic counseling, conflict resolution, therapeutic interventions, and the physical and emotional needs of adolescents in addition to other accepted physical management techniques. The material for the course shall be presented to the Court Expert, the DOJ and Plaintiffs for review prior to adoption. 49. All new correctional officers shall receive a minimum of 120 hours of pre-service training. All other new staff shall receive a minimum of 40 hours of pre-service training. All staff with regular or daily contact with juveniles, including correctional officers, shall receive an additional 40 hours of training each year. Staff with minimal contact with juveniles such
August 17, 2000 (1:04 pm) ::ODMA\GRPWISE|DOMAIN.POSTOFC:Client:6031.1
33

as clerical/office staff shall receive an additional 16 hours of training each year. Preservice training and annual training will include topics as described in ¶ 46. Under no circumstances shall newly recruited or hired direct care workers be assigned to supervise juveniles until they have successfully completed competency based testing in all of the areas of training set forth in ¶ 48. This shall not apply to supervised on-the-job training. Correctional officers who transfer from adult institutions to juvenile institutions must complete the components of training related to juveniles prior to assuming their duties. Failure of existing staff to successfully complete the program will result in adverse performance appraisal action and the training will be rescheduled. The State will use the performance appraisal system to remove staff who repeatedly fail to meet the requirements of this paragraph. The State shall meet the requirements of this paragraph within twentythree (23) months of the effective date of this Agreement. B. Positive Behavior Management/Discipline 50. The State shall develop and implement within 23 months of the effective date of this Agreement a uniform positive behavior management system for juveniles in the facilities. The system shall be designed to provide incentives for positive behaviors and shall define specific disciplinary consequences for specific negative behaviors. The system shall be explained orally and in writing to all juveniles during the intake and orientation process. The explanation will include discussion of the adverse effects on early release consideration that Schedule B disciplinary reports can have. 51. Within 23 months of the effective date of this Agreement, staff shall be instructed and
August 17, 2000 (1:04 pm) ::ODMA\GRPWISE|DOMAIN.POSTOFC:Client:6031.1
34

trained to address minor behavior problems through informal counseling and the use of the positive behavior management system (including through the withdrawal of privileges). 52. Upon receipt of a Schedule B disciplinary report, a juvenile shall have an opportunity to meet with a designated staff member to discuss the disciplinary report. The designated staff member shall offer to aid the juvenile in any disciplinary hearing on the disciplinary report and shall provide such assistance if asked. 53. Every juvenile who receives a Schedule B disciplinary report shall receive a disciplinary hearing pursuant to disciplinary procedures as promulgated by the DISCIPLINARY RULES AND PROCEDURES FOR JUVENILE OFFENDERS, First Edition, 1993 as amended by memo of November 19, 1996, except as modified by this document. The polices and procedures shall include: a. Written notice describing the alleged violation(s); b. Impartial hearings before a disciplinary committee consisting of two employees
representing different programs of the institution. The disciplinary committee shall not include any staff person who was involved in the issuance of the disciplinary report. The entire hearing shall be held in private and tape recorded and shall result in written findings of fact and disposition. The tape shall be kept indefinitely; c. Right to an appeal. C. Classification 54. The State shall issue and enforce classification criteria regarding housing assignments.
August 17, 2000 (1:04 pm) ::ODMA\GRPWISE|DOMAIN.POSTOFC:Client:6031.1
35

The criteria shall include applicable risk factors based on age, gender, maturity, size, offense history, institutional behavior and/or program participation, offense, education, mental health history and any special needs of the juveniles. 55. Staffings shall be used to develop reports to courts of continuing jurisdiction, updating of the case plan, and (except for STOP/LITE/juveniles and juveniles sentenced under provisions of Louisiana Children’s Code Article 897.1) determining if a juvenile has met the guidelines for or should otherwise be considered for a recommendation for reassignment, release, or discharge from a secure setting. Staffing determinations/recommendations shall be based upon guidelines which primarily consider treatment protocols and/or continued treatment provided through community/non secure programs, custody level, progress in institutional educational, vocational treatment programs and/or approved educational/vocational and exit plans.
Staffings shall be held in private and shall normally be attended only by those staff involved in the staffing. Other staff such as the case worker’s supervisor, Warden or other administrators may attend as deemed necessary for supervision/observation purposes. Each staffing shall be attended by the case worker and at least two of the following individuals: one of the juvenile’s teachers (who shall be the juvenile’s special education teacher if the juvenile is receiving special education services), the school’s guidance counselor/school psychologist/school social worker, a security staff member who supervises the juvenile in the juvenile’s living unit; a mental health professional providing individualized services to the juvenile; or a member of the medical staff who is familiar
August 17, 2000 (1:04 pm) ::ODMA\GRPWISE|DOMAIN.POSTOFC:Client:6031.1
36

with the juvenile’s medical care if the juvenile is receiving on-going medical treatment (e.g., for chronic health care needs). If not represented at the staffing, written comments or reports shall to be used in the staffing to ensure that education, medical, mental health and security activities are considered. The juvenile shall be encouraged to attend and participate in the discussion. If a juvenile is not making progress, the treatment team shall discuss strategies for addressing the impediments to progress and shall modify the treatment plan accordingly. 56. Any decision that results in an extension of time a juvenile must spend in a short term program or results in removal from a short term program shall be personally reviewed by the facility warden, deputy warden or assistant warden who shall review the relevant documentation prior to determining whether to approve the decision for the extension. Notice and reasons for the extension will be provided to the court of jurisdiction and the juvenile’s last known attorney of record. 57. Within 23 months of the effective date of this Agreement, the DPSC shall develop and implement guidelines for the placement of juveniles in specialized behavior management units and such guidelines shall take into account the medical and mental health status of the juvenile, and shall provide, at a minimum: a. For the criteria by which a juvenile can be initially transferred to such a unit, which
shall include a hearing; b. For documentation of all reasonable less restrictive alternatives attempted before
the decision was made to place a juvenile in such a unit, unless the severity of the
August 17, 2000 (1:04 pm) ::ODMA\GRPWISE|DOMAIN.POSTOFC:Client:6031.1
37

offense indicates otherwise; c. For the development of a written, individualized and detailed program plan that
shall set forth measurable short-term goals and concrete criteria for the juvenile’s removal from the unit and be provided to the juvenile. The State shall attempt to complete the program plan within 72 hours of placement, exclusive of weekends and holidays; d. Appropriate programming for special needs juveniles placed in these units; e. That the warden of a facility approve the decision to transfer a juvenile to such a unit. Where such assignment results in a transfer to a different facility, it must be approved by both wardens, where applicable, or by the Assistant Secretary of the Office of Youth Development if the wardens do not agree. f. DPSC shall provide to the Provider a list of juveniles transferred to a specialized behavior unit. D. Access to Courts 58. The State shall establish and implement policies and procedures to assure that: a. juveniles have meaningful access to telephones for privileged communications with their attorneys. b. juveniles have meaningful and confidential attorney-client communications through the mail. No privileged mail shall be opened except by the intended recipient except that correspondence may be opened for contraband if it is opened in the presence of the juvenile.
August 17, 2000 (1:04 pm) ::ODMA\GRPWISE|DOMAIN.POSTOFC:Client:6031.1
38

c. The State shall provide adequate paper, pens/pencils, envelopes and postage to indigent juveniles for legal communications.
d. A juvenile’s right to confidential communications with attorneys is protected. 59. Within four months of the effective date of this Agreement, the State shall fund three new
staff attorney positions and three new paralegal positions for the Louisiana Indigent Defense Assistance Board, which positions shall be dedicated to representing juveniles in secure custody in connection with appeals of their adjudications and modifications of their disposition. These attorneys and paralegals may also assist juveniles in secure facilities by referring those juveniles to other attorneys for possible representation in pursuing claims arising out of their conditions of confinement. 60. The State shall cooperate with attorneys representing juveniles in secure facilities in making those juveniles’ institutional records available in connection with any appeal or modification of their dispositions. E. Chemical Agents 61. Upon execution of this Agreement, the only chemical agent that may be kept or used shall be 100% OC spray. Only the Warden, Deputy Warden or Assistant Warden, or when they are not present at the facility, the highest ranking officer at the facility, shall be permitted to authorize the use of the spray. The authorizing Warden or officer must be present at the use of the spray. They may not delegate this authority to any other person. Only employees specifically trained in the use of chemical spray shall be permitted to use the spray. The chemical spray shall not be intentionally sprayed in the face of any juvenile.
August 17, 2000 (1:04 pm) ::ODMA\GRPWISE|DOMAIN.POSTOFC:Client:6031.1
39

Employees shall be trained to not intentionally spray juveniles in the face. The State shall ensure that the Warden, Deputy Warden or Assistant Wardens are trained in the correct use of these sprays to prevent excessive exposure, the hazards associated with such sprays, and the first aid response to exposure situations. Within two months of the effective date of the Agreement, all use of chemical agents shall be videotaped, with sound recording, and the tape of the incident shall be maintained for the duration of this Agreement for inspection by the Plaintiffs, the DOJ, and the Court Expert. The State shall ensure that the chemical spray is only used under the following terms: a. Chemical agents shall not be used except under the conditions set forth below and
with prior approval, after personal observation of the situation, from the Warden, Deputy Warden or Assistant Warden if one of these officials is at the facility. If the Warden, Deputy or Assistant Warden is not at the facility, prior approval may be given, after personal observation of the situation, by the highest ranking security officer on duty at the facility. However, such approval shall not be required in the case of a large-scale disturbance (such as an attempted mass escape) that poses an imminent danger to the public, staff or other juveniles, so long as in such an event the Warden, Deputy or Assistant Warden is notified as soon as practicable; b. Chemical agents shall not be carried on the person of any individual. Chemical agents shall not be stored in any cellblock or living area, but shall be securely stored in a separate location. Chemical agents shall not be removed from this secure storage area unless (1) for use in staff training (2) for product disposal or
August 17, 2000 (1:04 pm) ::ODMA\GRPWISE|DOMAIN.POSTOFC:Client:6031.1
40

(3) as authorized pursuant to subsection (a) in response to a situation described in subsection (c), provided however that the authorizing official need not make a personal observation of the situation prior to authorizing the removal of the chemical agents from the secure area. c. Chemical agents shall only be authorized when: i. A juvenile is posing a direct and immediate threat of injury to staff or
another juvenile; ii. The juvenile is creating a sustained disturbance that jeopardizes the
effective monitoring and supervision of the unit to the extent that the safety of juveniles or staff is endangered, which persists despite efforts to deescalate without the use of chemical agents, and the use of chemical agents is the only means to avoid a physical confrontation that would likely result in injury to juveniles or staff; or iii. The use is necessary to prevent an escape. The State shall ensure that exposed juveniles are seen by medical staff whenever spray is used. The State shall ensure that juveniles with known chronic respiratory conditions (including asthma) are not subjected to chemical spray. However, this shall not prohibit the use of chemical spray when it is necessary to prevent or quell a large scale disturbance where such juveniles are present. In no event shall staff use a chemical spray as punishment, discipline, retaliation, for the purpose of inflicting pain, for staff’s convenience, or after handcuffs have been applied.
August 17, 2000 (1:04 pm) ::ODMA\GRPWISE|DOMAIN.POSTOFC:Client:6031.1
41

62. Every usage of chemical spray shall be documented in a chemical agent report and every removal shall be documented in a log maintained for this purpose. The chemical agent report shall describe the behavior of the juvenile with sufficient particularity to enable a reviewer to determine independently whether the above requirements of ¶ 61 have been complied with (i.e., the documentation shall not simply restate, paraphrase or refer to the above conditions warranting use of chemical spray).
63. A copy of the Accident and Injury Report (“A&I”) and UOR shall be placed in the file of the juvenile against whom the chemical restraint was used. G. Mechanical Restraints
64. Within two months of the effective date of this Agreement, the State shall not use mechanical restraints except under the following circumstances. The use of mechanical restraints shall be limited to the minimum period of time necessary to enable the juvenile to gain control of his behavior. When a handcuff belt is not used, handcuffs shall be applied behind the back in a manner to minimize the risk of injury to the juvenile and the staff person responsible for supervising the juvenile. The State shall not use mechanical restraints except under the conditions set forth below: a. For transportation of juveniles outside the facility, the State may use handcuffs, leg irons, and/or handcuff belts; b. For movement of juveniles within the facility, no mechanical restraints shall be used except under the following conditions. Handcuffs and/or a
August 17, 2000 (1:04 pm) ::ODMA\GRPWISE|DOMAIN.POSTOFC:Client:6031.1
42

handcuff belt may be used if the facility has documented that the juvenile poses a current escape risk or has engaged in a recent pattern of assaultive behavior toward staff or other juveniles, as determined and authorized by a ranking security shift supervisor. Leg irons may only be used for transportation within the facility if the conditions of subparagraph (d) are met; c. For movement of juveniles within the facility to transport a juvenile from general population to a restrictive housing area after a fight or other serious incident, handcuffs and/or a handcuff belt may be used; d. For control of a juvenile who, after less restrictive measures have not been successful, continues to engage in aggressive or assaultive behavior that is a clear and present danger to the juvenile, another juvenile, staff, or the security of the facility, a handcuff belt, and/or leg irons may be used. In this instance, such use of mechanical restraints shall require continuous one-on-one physical supervision and must be approved by the ranking supervisor (Captain or higher) on duty at the facility. The staff person shall ensure that the physical needs of the juvenile are met promptly; e. For intra-facility movement of juveniles in administrative segregation for disciplinary reasons, handcuffs and/or a handcuff
August 17, 2000 (1:04 pm) ::ODMA\GRPWISE|DOMAIN.POSTOFC:Client:6031.1
43

belt, may be used. Although a routine medical examination after the use of mechanical restraint is not required, immediate medical treatment shall be provided if there is a visual indication of an injury or if the juvenile identifies a specific medical complaint. No other forms of mechanical restraints may be used (including 4 or 5 point restraints and the handcuff “black-box”). This, however, does not apply to medical or mental health restraints ordered by a medical or mental health professional. 65. Every use of a mechanical restraint, other than as authorized under ¶ 64(a) and (e), shall be documented. The use of mechanical restraints shall be documented on a UOR or in a log maintained for this purpose. Documentation to reflect compliance with ¶ 64 shall describe the behavior of the juvenile with sufficient particularity to enable a reviewer to determine independently whether the above requirements of ¶ 64 have been complied with (i.e., the documentation shall not simply restate, paraphrase or refer to the above conditions warranting use of mechanical restraints). 66. The State shall promulgate a policy setting forth which staff are permitted to carry mechanical restraints and where all other mechanical restraints are to be stored. 67. Every facility shall maintain inventory log books for all mechanical restraints. One log book shall be kept at each location where mechanical restraints are stored. The log book shall contain the following information for mechanical restraint devices in the facility: a. A unique identifying number recorded in the log book and on the device (such as a serial number);
August 17, 2000 (1:04 pm) ::ODMA\GRPWISE|DOMAIN.POSTOFC:Client:6031.1
44

b. For every time the device is removed from its storage location: i. The date and time of its removal; ii. The name of the person removing the device; iii. The name of the person authorizing its removal and a brief statement of the reason (e.g., transportation outside the facility); iv. The date and time the device was returned; and v. A statement of whether the mechanical restraint was used while the device was checked out.
G. Living Conditions 68. The State shall establish and implement policies and procedures assuring adequate
sanitation in the kitchen and eating areas, as well as all living areas. Such policies and procedures shall include: a. The provision of cleaning supplies on a daily basis in order that the living and
sleeping areas may be cleaned; b. Regular, daily cleaning of the shower and toilet area of each dormitory and
cellblock; c. Thorough daily cleaning, using accepted institutional methods, of the kitchen and
eating areas. 69. Within twelve months of the effective date of this Agreement, female staff shall not
regularly or routinely view male juveniles toileting or showering and male staff shall not regularly or routinely view female juveniles toileting or showering unless the affected
August 17, 2000 (1:04 pm) ::ODMA\GRPWISE|DOMAIN.POSTOFC:Client:6031.1
45

shower and toilet areas screen the genital areas of juveniles showering and using the toilet. 70. The State shall provide adequate personal hygiene items to juveniles, including sufficient
soap, shampoo, hair brushes or combs, toothbrushes, toothpaste and deodorant for daily hygiene needs. 71. The State shall establish and implement policies and procedures assuring that each juvenile has sufficient and appropriately cleaned clothing. 72. The State shall make best efforts to insure that all living units at SCCY-M are climate controlled by October 31, 2000, and will give notice with an explanation if the project is not completed on time. 73. Upon the effective date of the Agreement, the State shall provide for at least one hour of outdoor exercise, weather permitting, including weekends and holidays to each juvenile except when: a. contra-indicated for medical reasons; or b. a juvenile in administrative segregation continues to present an immediate danger
to others. Utilization of provision (b) shall require the approval of the Warden/Deputy Warden, or Assistant Warden. In the absence of the Warden/Deputy Warden or Assistant Warden, application of provision (b) may be authorized only by the highest ranking officer at the institution. Within 12 months of the effective date of this Agreement, each facility shall provide adequate recreational equipment and activities adapted for special needs juveniles.
August 17, 2000 (1:04 pm) ::ODMA\GRPWISE|DOMAIN.POSTOFC:Client:6031.1
46

Each facility shall provide adequate recreational equipment. Adequate indoor recreational opportunities shall be provided in the event of inclement weather.
The State shall maintain information in logbooks in dormitories, cellblocks, school and the infirmary to record outdoor exercise activities. H. Cell Restriction 74. Locking a juvenile in a room for prolonged periods of time, except during sleeping hours (cell restriction), shall occur only in three contexts -- administrative segregation, protective custody, and removal from regular programming. Use of cell restriction in these contexts shall be governed by the requirements set forth below, provided, however, that all staff training to fully implement parts (a)(iv), (a)(ix), and c(v), may not be completed until 23 months after the effective date of this Agreement. a. Administrative Segregation
i. Juveniles can be placed in the administrative segregation unit only when their continued presence in general population poses a threat to the safety of the juvenile, staff or other juveniles or is a substantial threat to the security of the institution. This includes activities that are destabilizing or highly disruptive to programming.
ii. Juveniles living in dormitories may only be placed in administrative segregation pending a hearing on their disciplinary charge. Juveniles engaging in suicidal or self-mutilating behavior shall not be held in administrative segregation for behaviors resulting from their conditions.
August 17, 2000 (1:04 pm) ::ODMA\GRPWISE|DOMAIN.POSTOFC:Client:6031.1
47

iii. The State shall ensure that only a staff member of the rank of Lieutenant or higher places a juvenile in administrative segregation. The staff placing a juvenile in administrative segregation shall obtain the approval of the Warden or the Warden’s designee as soon as possible.
iv. Staff shall make visual contact with each juvenile in administrative segregation at least every 15 minutes (or more, depending upon the juvenile’s emotional state) and otherwise monitor the condition of each juvenile. Staff shall record essential information about each juvenile in administrative segregation. Staff shall alert mental health staff if a juvenile begins to exhibit symptoms of a deterioration in emotional state while in cell restriction in accordance with the guidelines set forth in subparagraph 74(a)(ix).
v. For juveniles held in administrative segregation, disciplinary hearings shall be held every day. A juvenile’s disciplinary hearing shall be held within 24 hours or at the first scheduled hearing after the disciplinary writeup. Juveniles may not be subjected to cell restriction as a penalty resulting from a disciplinary hearing.
vi. Juveniles in administrative segregation may be held in cell restriction until calm. Staff shall make all efforts to assist juveniles in administrative segregation to regain control of their behavior. If the juvenile is calm but the security shift supervisor believes that the juvenile will likely be
August 17, 2000 (1:04 pm) ::ODMA\GRPWISE|DOMAIN.POSTOFC:Client:6031.1
48

disruptive in programming, he may be excluded from programming. If a juvenile’s stay in administrative segregation exceeds 24 hours due to the investigation of a serious incident, the juvenile will be permitted to participate in the 7 ½ hour programming schedule unless he is a danger to others. The daily time out of cells shall not be contingent upon any planned or scheduled programming available to the juvenile. vii. Programming for juveniles in administrative segregation may only be ended if the juvenile engages in the behaviors listed in subparagraph 74(c)(iii). viii.A juvenile in administrative segregation shall be routinely provided with reading and writing materials unless his current behavior indicates that possession of such materials would be a danger to the health of the juvenile or others. ix. Juveniles with mental retardation or serious mental illness shall be assessed and treatment rendered if clinically indicated within three hours of being placed in administrative segregation (if the juvenile remains in administrative segregation). The assessment shall be conducted by a licensed qualified mental health professional (“QMHP”) on-call, on-site at the facility.
After regular business hours, weekends, and holidays, the on-site nurse will be notified immediately, who will perform the assessment and
August 17, 2000 (1:04 pm) ::ODMA\GRPWISE|DOMAIN.POSTOFC:Client:6031.1
49

contact the on-call QMHP via telephone. If indicated, the on-call QMHP will go the facility for a face-to-face assessment and, if deemed indicated by the QMHP, confer with the psychiatrist on-call.
Based upon the assessment, clinically indicated treatment will be rendered. On-call nurses will be trained to recognize the signs and symptoms of mental illness. In situations when a juvenile is determined to be seriously mentally ill, and a danger to self or others, the juvenile will be placed in a "crisis" bed designated at each facility. Admission to and discharge from crisis beds are by physician orders only. Respite beds will also be designated for those juveniles in need of immediate supervision and intervention secondary to serious mental health needs, although not a level of danger to self or others. Admission to and discharge from respite beds are by physician orders only. In these situations for mentally retarded juveniles and seriously mentally ill juveniles, the mental health treatment team will revise and/or develop a treatment plan, if needed. The treatment plan will consist of written statements which specify a particular course of therapeutic interventions and the roles of the qualified health care personnel.
Crisis and respite beds will be established at each of the juvenile institutions within 23 months of the effective date of this Agreement. b. Protective Custody
August 17, 2000 (1:04 pm) ::ODMA\GRPWISE|DOMAIN.POSTOFC:Client:6031.1
50

i. Juveniles in protective custody shall be visited at least once each day by a mental health professional and shall be clinically assessed and treated as deemed appropriate. On weekends, these functions may be performed by a registered nurse with mental health training.
ii. Juveniles in protective custody shall be permitted to be out of their cells for at least nine hours a day and participate in programming (including recreation) each day.
iii. Programming for juveniles in protective custody may only be ended if the juvenile engages in the behaviors listed in ¶ 74(c)(iii).
iv. Protective custody shall be used as a temporary housing measure in order to allow investigation and/or counseling to determine the factors which resulted in a juvenile’s placement in protective custody and shall end when a safe and appropriate housing assignment is available.
c. Removal from Regular Programming i. The State may not assign a juvenile to cellblock housing without a hearing. ii. A juvenile who is housed in a cellblock may be removed from programming and placed in his assigned cell only in accordance with ¶74(c)(iii) and shall have opportunities to rejoin programming in accordance with ¶74(c)(iv). For juveniles who have not been removed from programming in accordance with ¶74(c)(iii) the daily time out of cells shall be a minimum of 9 hours and shall occur regardless of whether there is any planned or
August 17, 2000 (1:04 pm) ::ODMA\GRPWISE|DOMAIN.POSTOFC:Client:6031.1
51

scheduled programming available to the juvenile. iii. Program participation may be ended only if the juvenile engages in:
a) Repeated failure to follow orders, where the failure to comply is destabilizing;
b) Repeated interference with staff or other juveniles’ duties; c) Improper sexual behaviors; d) Fighting; e) Substantial destruction of property; or f) Violent conduct that creates an imminent danger to other juveniles
or staff. The decision to remove a juvenile from programming shall be approved by a ranking security staff member Lieutenant or higher and documented in a log. iv. If a juvenile is removed from programming before noon, the juvenile shall be evaluated by a ranking security shift supervisor before evening recreation to determine whether the juvenile can be permitted to participate in evening recreation. The juvenile shall be permitted to participate in evening recreation unless the ranking security shift supervisor determines that, based on documented interim behavior, the juvenile is likely to engage in conduct described in ¶74(c)(iii) and documents the basis for his belief in a log maintained for this purpose; provided, however, that every juvenile
August 17, 2000 (1:04 pm) ::ODMA\GRPWISE|DOMAIN.POSTOFC:Client:6031.1
52

shall be permitted an opportunity to participate in programming at the beginning of each day. v. Juveniles with mental retardation or serious mental illness and who are assigned to a cellblock, who have been removed from regular programming shall be assessed and treated, when deemed clinically appropriate, as soon as possible after they have been denied the opportunity to participate in three consecutive opportunities for programming. For example, a juvenile who is not permitted to participate in afternoon, evening, and the following morning’s programming shall be reviewed as soon as possible following the denial of the juvenile’s opportunity to participate in the morning programming. Such review shall be in accordance with the protocols established in ¶74(a)(ix). Subsequent to such review and assessment, a licensed QMHP may recommend release of the juvenile from cell restriction to a respite bed or another location if the juvenile is not currently a danger to others. 75. Within three months of the effective of this Agreement, when a juvenile is placed on cell restriction pending a disciplinary hearing, a copy of the disciplinary report reflecting this action will be placed into the juvenile’s file. IV. MEDICAL, DENTAL, AND MENTAL HEALTH 76. To assist the State in achieving compliance with the terms of this Agreement, effective July 1, 2000, the State shall enter into a three-year contractual relationship with Provider.
August 17, 2000 (1:04 pm) ::ODMA\GRPWISE|DOMAIN.POSTOFC:Client:6031.1
53

The Provider shall be agreed to by all parties. During the first year of the three-year contract, the Provider will begin to furnish during the first year, medical, mental health, and dental services for JCCY and JRDC, and quality assurance and monitoring services for the other secure juvenile facilities operated in Louisiana. Provider shall also furnish adolescent behavioral and mental health training throughout Louisiana’s secure juvenile system, beginning in year two. The Provider shall also develop a plan for a comprehensive medical, mental health, and dental program at all of Louisiana’s secure juvenile facilities. Provider shall provide comprehensive medical, mental health, and dental services at all of Louisiana’s secure juvenile facilities by the end of the second year of the three-year contract. The contract shall be subject to cancellation within the three-year term only if the Legislature fails to approve the necessary funding. 77. The DPSC, acting with and through the Provider, shall develop policies and procedures addressing access to, and delivery of, medical, mental health, and dental services for the juveniles confined in the secure juvenile facilities. These policies and procedures shall meet the standards and requirements of Provider and the terms of this Agreement. 78. The DPSC, acting with and through the Provider, shall assume responsibility for the administration of the delivery of medical, mental health, and dental services at JCCY and JRDC during the first year of the contract. These services shall be provided generally in compliance with the proposal set forth in Attachment A. 79. During year one of the contract, the parties agree that Attachment B would result in medical, mental health, and dental staffing which is adequate for JCCY and JRDC. The
August 17, 2000 (1:04 pm) ::ODMA\GRPWISE|DOMAIN.POSTOFC:Client:6031.1
54

parties recognize that Attachment B was designed to reflect a phase-in partial year staffing pattern. If the Provider deviates from Attachment B, the State must nonetheless provide medical, mental health, and dental staffing which is adequate.
The parties agree that Attachment C would result in medical, mental health, and dental staffing which is adequate for JCCY and JRDC. If the Provider deviates from Attachment C, the State must nonetheless provide medical, mental health, and dental staffing which is adequate.
In year one, the current level of medical, mental health and dental services at BCCY, SCCY, and SCCY-M shall not be reduced. 80. Provider shall develop and implement a quality assurance program throughout Louisiana’s juvenile facilities which shall comply with the terms of this Agreement. Provider shall develop and implement a quality assurance program that shall continuously evaluate the medical, mental health, and dental services programs at all the facilities, identify problems, make recommendations for corrective action and, in collaboration with DPSC, determine whether the recommendations have been followed. The program should include but not be limited to establishment of standards, monitoring of performance, and analysis of deficits. The quality assurance program shall use data provided by DPSC and other sources and shall be based on random sampling. All of the functions will be commenced at all secure juvenile facilities by the beginning of year two of the three year contract. Provider’s quality assurance program shall include, but not be limited to, the components listed below:
August 17, 2000 (1:04 pm) ::ODMA\GRPWISE|DOMAIN.POSTOFC:Client:6031.1
55

a. Monitoring compliance with medical, mental health, and dental policies and procedures;
b. Monitoring compliance with the medical, mental health, and dental components of this Agreement;
c. Inspecting a random sample of the medical, mental health, and dental records; d. Interviewing a random sample of staff, administrators and juveniles at each facility; e. Monitoring each facility’s efforts to prevent suicide; f. Starting during year three, monitoring the behavior modification program (BMP)
to: 1) assess the efficacy of the program and make recommendations for enhancements as deemed appropriate and 2) assess the effectiveness of the training provided the correctional officers including that which is specifically tailored to managing juveniles with serious mental illness, mental retardation, or behavior disorders; g. Monitoring the treatment of juveniles with serious mental illness or mental retardation in any high security unit; h. Monitoring the adequacy of medical, mental health and dental documentation at each facility; i. Performing death reviews; j. Monitoring serious injuries or hospitalizations resulting from a serious injury or serious illness; k. Monitoring suicide attempts and self-mutilations;
August 17, 2000 (1:04 pm) ::ODMA\GRPWISE|DOMAIN.POSTOFC:Client:6031.1
56

l. Monitoring medical emergencies; m. Monitoring outcomes for juveniles treated by Provider at JCCY and JRDC during
year two of the three year contract and, in ensuing years, at all facilities; and n. Monitoring whether juveniles’ individualized intervention plans are being
implemented. 81. The Provider shall provide all the medical, mental health and dental care for JCCY and the
JRDC. The parties agree that Attachment D, E, and F would result in medical, mental health, and dental care which is adequate for JCCY and JRDC. If the Provider deviates from Attachment D, E, or F, the State must nonetheless provide medical, mental health, and dental care which is adequate. 82. The Provider shall plan and implement a system-wide program to supplement the training of all DPSC staff who have direct contact with juveniles, including correctional staff and counselors. The training shall include instruction in adolescent behavior and in identification and response to mental illness and mental retardation. The parties agree that Attachment G would result in training which is adequate. If the Provider deviates from Attachment G, the State must nonetheless provide training in adolescent behavior and in identification and response to mental illness and mental retardation which is adequate and the State shall notify Plaintiffs and the DOJ of all such deviations. Provider shall also supplement the training of all facility investigators concerning investigatory techniques used in child abuse investigations. 83. By August 1, 2001, Provider shall provide adequate medical, dental, and mental health
August 17, 2000 (1:04 pm) ::ODMA\GRPWISE|DOMAIN.POSTOFC:Client:6031.1
57

professionals and staff in order to comply with all relevant State and Federal laws and regulations for the juvenile population of JCCY and the intake operations of JRDC. By August 1, 2002, Provider shall provide adequate medical, dental, and mental health professionals and staff in order to comply with all relevant state and federal laws and regulations for the juvenile population of all other juvenile facilities. 84. Within 3 months of the effective date of this Agreement, Provider shall survey the suicide hazards in any area in the juvenile facilities in which juveniles with suicidal or selfmutilating behaviors shall be housed and make recommendations to DPSC to correct the hazards. The State shall either remove any hazards identified by Provider within one month after the inspection or provide written reasons why the hazards will not be removed. Copies of the reasons shall be provided to the Court Expert and Plaintiffs, along with a description of alternative safety precautions that DPSC will make, if any. 85. Juveniles identified with serious medical needs shall be transferred to JCCY as soon as possible, unless security concerns prevent such a transfer. Juveniles with serious mental illnesses shall be transferred to either SCCY or JCCY as soon as possible, unless security concerns prevent such a transfer. DPSC will provide Provider with information on juveniles who have been prescribed more than one psychotropic medication or who have chronic medical conditions. 86. During year one at JCCY and JRDC only and in ensuing years at all facilities, decisions regarding the medical, mental health, and dental care of a juvenile shall be made by Provider. If DPSC determines that a decision by Provider cannot be implemented, DPSC
August 17, 2000 (1:04 pm) ::ODMA\GRPWISE|DOMAIN.POSTOFC:Client:6031.1
58

shall provide the reason in writing to Provider, the Court Expert, DOJ, and the Plaintiffs. 87. Provider shall screen and assess all juveniles at intake and make recommendations
concerning the needs of each juvenile to be met by the juvenile’s individualized intervention plan. DPSC shall develop an individualized intervention plan based, among other things, on Provider’s recommendations. Provider’s recommendations shall also be provided to the State Director of Education if the assessment includes indicators for a possible special education placement. 88. Based on the outcomes of the screenings and assessments discussed above, within thirty days of intake, Provider shall develop a specific, individualized, goal and outcomeoriented mental health treatment plan for all seriously mentally ill juveniles. Provider shall begin implementation of the treatment plans for these juveniles at JCCY by the end of year one and, in ensuing years, at the other secure facilities. The plan shall address all psychiatric and psychological needs of the juvenile and shall include competency-based treatment goals and objectives. The juvenile’s family shall be given the opportunity and shall be encouraged to be involved in the treatment, unless the facility documents with particularity why such participation is likely to be harmful to the juvenile. Individual behavior treatment plans shall be developed and implemented, where the Provider deems it appropriate. The treatment team responsible for implementing the treatment plans shall meet at least every 90 days to assess the efficacy of the plan and make revisions where indicated.
Juveniles removed from school for medical, dental or mental health consultations,
August 17, 2000 (1:04 pm) ::ODMA\GRPWISE|DOMAIN.POSTOFC:Client:6031.1
59

examinations or appointments shall be exempt on that day from the provisions of the education settlement regarding specific academic and vocational program participation when applicable. 89. During year one at JCCY and JRDC only and in ensuing years at all facilities, Provider shall develop and ensure implementation of appropriate protocols as referred to in Attachments D, E, and F. During year one, the protocols shall be distributed to other facilities as they are developed. 90. If Provider determines that a juvenile’s mental health needs cannot be met in DPSC, Provider shall advise DPSC and DPSC has an affirmative obligation to contact the Court with jurisdiction over the juvenile and provide that information to the Court and last known counsel of record in a timely manner. 91. Medical/mental health restraints shall not be used unless specifically ordered by a physician or psychiatrist. Soft or leather restraints, rather than metal mechanical restraints, shall be utilized for this purpose. There shall be no standing orders for medical/mental health restraints. This does not apply to any order by a physician or psychiatrist that is issued in response to an individual juvenile’s current medical or mental health condition. Medical/mental health restraints shall be used only in the infirmary under constant supervision and conducted according to current accepted professional standards on medical restraints. 92. Suicide watch shall only be conducted with adequate staff supervision. The infirmary will be used on a priority basis for suicide watch unless the medical needs of another juvenile
August 17, 2000 (1:04 pm) ::ODMA\GRPWISE|DOMAIN.POSTOFC:Client:6031.1
60

take priority as determined by a physician. The second priority will be individual rooms that are suicide resistant and are equipped with video surveillance cameras. In the event there is a need for additional beds, these will be jointly identified by DPSC and the Provider. 93. Provider shall make best efforts to hire board eligible or board certified child and adolescent psychiatrists to fill psychiatric staffing positions. In the event that board certified and board eligible child and adolescent psychiatrists cannot be found, psychiatrists with adolescent experience shall be hired, whenever possible. These psychiatrists shall be supervised by board certified or board eligible child and adolescent psychiatrists. 94. Within 3 months of the effective date of this Agreement, DPSC and Provider shall develop and implement procedures for reporting to the Warden and to the Youth Programs Compliance Division any problems with abuse or neglect that they uncover during their duties. Provider staff shall comply with their obligations as mandatory reporters of child abuse as discussed in ¶ 22 of this Agreement. 95. Provider shall not use medical students to fulfill any of their responsibilities under this Agreement. It is not anticipated that Provider will use first-year residents on-site to fulfill any of their responsibilities under this Agreement. Any pediatric second-year resident used on-site shall have on-site staff physician supervision. 96. Juveniles at JRDC who are scheduled for placement in boot camp will be identified to Provider and Provider shall make recommendations to DPSC on the juvenile’s suitability
August 17, 2000 (1:04 pm) ::ODMA\GRPWISE|DOMAIN.POSTOFC:Client:6031.1
61

for this program, with reference to any physical and mental limitations of the juvenile. DPSC shall implement the recommendations or if they cannot implement the recommendations, DPSC has an affirmative obligation to return to the Court having jurisdiction over the juvenile to inform the Court and the juvenile’s last known counsel of record that DPSC cannot implement the recommendations. 97. For all juveniles who are receiving services from Provider and who are being released, Provider shall provide after- care planning relevant to the services provided to that juvenile by Provider. This planning will be provided during year one at JCCY and JRDC only and in ensuing years at all facilities. 98. By the end of year one at JCCY and JRDC only and by the end of year two at all facilities, Provider’s nursing staff shall perform daily sick call in all high security housing units. Provider shall ensure that access to medical care shall not be within the decision-making authority of correctional staff. 99. During year two, Provider shall train all existing and new nursing staff concerning when to refer a medical condition to the facility physician. 100. During year two, Provider shall train all staff having contact with juveniles to recognize and respond appropriately to common medical conditions, including, in particular, preservation and transportation of avulsed teeth. 101. Provider shall provide an assessment and timely treatment, when they deem it appropriate, to juveniles who have been identified to Provider as having recently experienced significant trauma either by being sexually exploited by other juveniles or staff or by
August 17, 2000 (1:04 pm) ::ODMA\GRPWISE|DOMAIN.POSTOFC:Client:6031.1
62

having physical confrontations with other juveniles or staff. DPSC will provide information as agreed upon with Provider to identify juveniles who may have suffered such trauma. 102. Provider shall develop a crisis bed and a respite bed at each facility in accordance with Provider’s facilities plan at JCCY and JRDC and by the end of year two of the three- year contract at all other secure juvenile facilities. 103. By year three, the training provided by Provider will include training for those identified staff who issue disciplinary reports and/or who participate in disciplinary courts and who, therefore, should be trained to make reasonable accommodations for the needs of juveniles with serious mental illness and mental retardation. 104. Correctional staff - and not medical staff of either the Provider or DPSC (including EMT’s) - will actually initiate and prepare any disciplinary report for malingering. No juvenile will be disciplined or written up for malingering based on the juvenile’s access to the medical care system through emergency or regular sick call, regularly scheduled clinics or physicians’ clinics until after the physician has evaluated the patient and determined that the juvenile’s complaint or complaints had little or no merit. DPSC’s DISCIPLINARY RULES AND PROCEDURES FOR JUVENILE OFFENDERS, First Edition, 1993 shall be revised to be consistent with this provision. 105. Juveniles shall not receive disciplinary reports for refusing to take mental health tests or for refusing to take psychotropic medications. 106. The State shall not discipline juveniles for suicidal behaviors. The State shall not discipline
August 17, 2000 (1:04 pm) ::ODMA\GRPWISE|DOMAIN.POSTOFC:Client:6031.1
63

juveniles for self-mutilating behaviors, where those behaviors result from a mental health disorder, mental illness or anxiety or fear over the juvenile’s safety. No juvenile shall be disciplined for self-mutilation unless a psychiatrist or psychologist diagnoses malingering based on reasons other than anxiety or fear over the juvenile’s safety. In this context, selfmutilation does not include tattooing, body piercing, or similar conduct. Obvious selfmutilations will not result in disciplinary writeups. 107. The State shall ensure that each living unit has a Hoffman 911 tool and that all staff are trained on its location and use. 108. Juveniles shall have a written release plan except in cases where release cannot be reasonably anticipated. The plan must address living arrangements, work or school plans, other needs relevant to the juvenile, and where applicable, follow-up care for medical or mental health needs. 109. Based on the outcomes of the screenings and assessments discussed above or other
legitimate sources, juveniles with the highest need for substance abuse treatment shall either be scheduled for assignment to a therapeutic
August 17, 2000 (1:04 pm) ::ODMA\GRPWISE|DOMAIN.POSTOFC:Client:6031.1
64

August 17, 2000 (1:04 pm) ::ODMA\GRPWISE|DOMAIN.POSTOFC:Client:6031.1
65

environment or other stand-alone or integrated program designed for substance abuse counseling and treatment. All reasonable efforts shall be made to make assignments to these programs as soon as possible, once a juvenile is identified. Parents/legal guardians and family members shall be given the opportunity and shall be encouraged to be involved in the treatment, unless the facility documents

with particularity why such participation is likely to be harmful to the juvenile. All other juveniles shall be provided substance abuse education as part of their intervention plan. Substance abuse education and intervention programs shall be modified to accommodate the needs of juveniles with learning or developmental disabilities. 110. Based on the screenings and assessments discussed above, the State shall develop and implement an individualized intervention plan for each juvenile that addresses areas such as education, life skills, medical, and other intervention needs of the juvenile.
August 17, 2000 (1:04 pm) ::ODMA\GRPWISE|DOMAIN.POSTOFC:Client:6031.1
66

Implementation of the plan shall begin upon assignment of the juvenile following transfer from JRDC. Under normal circumstances and absent unusual testing or evaluation requirements, transfer should occur by 30 days of intake. The individualized intervention plan shall include meaningful and specific short-term and long-term intervention goals. The juvenile’s family shall be given the opportunity and shall be encouraged to be involved in the intervention plan, unless the facility documents with particularity why such participation is likely to be harmful to the juvenile. The intervention team responsible for implementing the intervention plans shall meet at least every third month to assess the efficacy of the plan and make revisions where indicated. DPSC will ensure that counseling services are provided, sufficient to satisfy the requirements of juveniles’ individualized education plans. 111. For each juvenile receiving psychotropic medications, direct care, counseling, and educational staff shall observe, monitor and record data that will be available to the treatment team in order to assess the effect of a particular medication. A member of the juveniles’s treatment team shall communicate with direct care, counseling, and educational staff, and make efforts to communicate with families to review treatment and intervention progress and data collected by staff to assess the efficacy of treatment and intervention, so that the mental health providers can make revisions when clinically indicated. 112. Case managers shall be notified of disciplinary infractions, problem behaviors (including being removed from programming three consecutive times), and incidents of violence involving juveniles on their respective caseloads. The case managers shall utilize this
August 17, 2000 (1:04 pm) ::ODMA\GRPWISE|DOMAIN.POSTOFC:Client:6031.1
67

information to implement appropriate interventions, to determine that underlying causes of

behavioral problems are being addressed in counseling, and/or to make referrals to the

Provider.

113. Each facility shall develop and implement an adequate

intervention program which

shall be determined by the needs of individual juveniles. The intervention program shall

provide counseling and programming as needed as recommended by the treatment team.

Counseling may be provided by qualified staff with appropriate background and training.

114. Each facility shall create and maintain daily schedules in each assigned housing unit or

special program (such as STOP, LITE, etc.) that shall set forth the planned program and

operational activities for all juveniles in the assigned unit or program for every hour of

every day of the week. Such schedules will include time for permissible leisure activities.

Shift supervisors shall document on a UOR the cancellation of any major activity

scheduled for that shift.

115. As part of the treatment and intervention plan of each juvenile, the State shall encourage

family reunification where reunification is appropriate. Each juvenile shall have:

a. An opportunity to make telephone calls to his or her home as arranged by the

juvenile’s case worker at State expense when the juvenile’s case worker

determines that the call promotes the goals of the juvenile’s intervention plan.

These calls are in addition to the juvenile’s opportunities to make collect telephone

calls on a daily basis.

b. Access to adequate paper, pen or pencil and envelopes for three letters a week to

August 17, 2000 (1:04 pm) ::ODMA\GRPWISE|DOMAIN.POSTOFC:Client:6031.1
68

correspond with their family. Indigent juveniles will be provided postage and other juveniles may purchase stamps in the canteen. Staff will encourage juveniles to write to their parents, guardians, and families where appropriate; c. Visitation opportunities available a minimum of three times a month for a minimum of three hours each visit. Each facility shall advise parents and/or guardians that special visits may be approved by the Warden on a case-by-case basis for those who are not able to visit on regular visiting days. Visitation shall not be suspended as a disciplinary sanction unless the disciplinary infraction occurred during a visit. When appropriate, mental health staff shall take advantage of times before or after visits by families to meet to discuss juveniles’ mental health histories. Juveniles approved for special visits shall be exempt on that day from the provisions of the education settlement regarding specific academic and vocational program participation when applicable. 116. Initial institutional assignment will be driven by such factors as the needs of the juvenile, location of the program(s) beneficial to the juvenile, location of the juvenile’s home, availability of space, gender, gang affiliation and other factors. V. QUALITY ASSURANCE 117. The State shall create a Youth Programs Compliance Division (YPCD). The State shall recruit and hire a Director of the YPCD, who shall be highly qualified for the position. The Director shall begin employment within nine months of the effective date of this Agreement. The State shall provide the Director with staff as outlined in this Agreement
August 17, 2000 (1:04 pm) ::ODMA\GRPWISE|DOMAIN.POSTOFC:Client:6031.1
69

and sufficient resources to perform the tasks required by this Agreement, including: a. Monitoring compliance with DPSC policies in all facilities, with emphasis on
policies relating to issues addressed in this Agreement; b. Conducting audits and other quality assurance activities as described in ¶ 118; c. Monitoring compliance with the juvenile justice components of the Agreement; d. Coordinating quality assurance activities related to this Agreement performed by
various DPSC offices to prevent unnecessary duplication of efforts; e. Monitoring the ARP program; f. Monitoring the work of the PZT investigators, required by ¶ 29. 118. Within twelve months of the effective date of this Agreement, the Director of YPCD shall create and implement a written quality assurance program, as defined in ¶ 117 with the following elaboration and supplementation: a. The comprehensive audits required by ¶ 117(b), shall include, at a minimum:
i. Inspection of a minimum random sampling of institutional and educational records, unit logs, accident and incident reports, and use of force reports;
ii. Random interviews with staff, administrators and juveniles at each facility; iii. Random contacts with the parents or other care givers of juveniles confined
in the facilities; iv. Inspection of the physical plant; v. Random contacts with juvenile court judges, public defenders and other
officials having regular contact with the facility or its residents;
August 17, 2000 (1:04 pm) ::ODMA\GRPWISE|DOMAIN.POSTOFC:Client:6031.1
70

vi. Review of a sample of the disciplinary hearing tapes and security videotapes. On-site observation of disciplinary hearings may be conducted in lieu of the tape review;
vii. Determination of compliance with DPSC policies and the requirements of this Agreement relating to: staffing levels and juvenile supervision, use of force, disciplinary practices, positive behavior management programs, grievance procedures, use of chemical and mechanical restraints, fire safety, adequacy of juvenile recreation and exercise, sanitation, juvenile access to hygiene items and clothing, juvenile-on-juvenile violence, implementation of classification criteria, conditions in special management or other high security units, and the adequacy of all facility documentation; and
viii.A written report recording the findings of the audit. b. Additional unannounced, periodic site visits at each facility. c. Review of the reports, UOR’s and/or other documentation of significant incidents
(as defined by the Director of YPCD), which shall include, at a minimum: deaths; serious injuries; hospitalizations resulting from a serious illness; suicides and serious suicide attempts; escapes or other serious breaches of security; and medical emergencies. A review that results in significant findings shall result in an immediate written report to the Secretary of DPSC (with copies to the Assistant Secretaries, applicable Warden and PZT Supervisory Investigators as appropriate) and shall include a detailed description of the findings and recommendations;
August 17, 2000 (1:04 pm) ::ODMA\GRPWISE|DOMAIN.POSTOFC:Client:6031.1
71

d. Policies and procedures for auditing chemical spray canisters and reliably determining whether the canister has been discharged. Facility supervisory staff and YPCD auditors shall routinely conduct such audits. If it appears that a canister has been used without required documentation, YPCD shall be notified and shall request that the PZT Investigator conduct an investigation. The YPCD shall notify the Warden and the appropriate PZT Supervisory Investigator of the incident and the investigation request;
e. Requirements that when, through audits, review of investigations, or other quality assurance activities, the YPCD finds substantial non-compliance with the requirements of DPSC policies or this Agreement, the Secretary of the DPSC, Assistant Secretaries and the Warden shall be advised in writing of the details of the non-compliance and a plan of correction shall be developed by the Warden. The YPCD will monitor the plan and report findings to the Secretary and Assistant Secretaries as appropriate;
f. Collection and analysis of data, particularly emphasizing detection of patterns of incidents, problems and issues. This shall include, at a minimum, collection and analysis of data regarding: i. allegations of abuse and substantiated abuse, including analysis of whether a disproportionate number of allegations of abuse are related to individual staff members, particular shifts or time periods, particular units or locations within units, or arise during particular activities;
August 17, 2000 (1:04 pm) ::ODMA\GRPWISE|DOMAIN.POSTOFC:Client:6031.1
72

ii. the subject matter and quantity of grievances; iii. the number and type of disciplinary reports issued, in relation to the
effectiveness and adequacy of the facility’s positive behavior management system; and iv. the number and percentage of juveniles who achieve minimum custody level; the number and percentage of juveniles who achieve the requirements for modification of disposition; the number and percentage of juveniles who are recommended for modification of disposition; the number and percentage who receive modification of disposition; the number of juveniles in each short-term program who are held beyond their minimum release date and the amount of time each juvenile is held beyond their minimum release date. g. Each institution shall designate staff to perform the following functions: i. Designated staff members shall help juveniles informally resolve complaints, file grievances and shall review and record all grievances. If a grievance is filed, the Warden will designate a staff member to conduct fact-finding of all applicable information and return the grievance to the Warden for rendering the institutional response. A designated staff member shall retain copies of all responses to grievances and shall monitor the grievance procedure to ensure timely responses to all grievances. Designated staff members shall be available to assist juveniles who wish to pursue their grievance to the Secretary’s level; and
August 17, 2000 (1:04 pm) ::ODMA\GRPWISE|DOMAIN.POSTOFC:Client:6031.1
73

ii. Designated staff members shall be available to meet with every juvenile receiving a Class B disciplinary report prior to the disciplinary hearing and to assist the juvenile at his request in any disciplinary hearing if the report is contested.
119. YPCD staff shall have complete and unfettered access to all facilities, records, staff and residents. All DPSC and facility staff shall be informed of their obligation to cooperate in all YPCD operations.
120. The State shall provide YPCD staff as follows: a. four YPCD auditors to perform the on-site audits required by ¶¶ 117-118; b. two central office YPCD employees to perform data collection and analysis; c. two administrative support staff for the central YPCD office; d. facility-based PZT investigators: 3 for JCCY; 2 for SCCY; 3 for SCCY - M; and 1.5 for BCCY; and e. at least one facility-based administrative support staff for each facility to assist the PZT investigators. If these numbers should prove to be insufficient to perform the duties required by this Agreement, the State shall take reasonable actions to assist the staff of YPCD and request additional position(s), supplies and/or equipment through the budgetary process.
121. Within four months of the effective date of this Agreement, the State shall appoint two independent auditors, acceptable to all parties, to perform quality assurance checks on investigations. If the parties are unable to agree on the selection of auditors, then the
August 17, 2000 (1:04 pm) ::ODMA\GRPWISE|DOMAIN.POSTOFC:Client:6031.1
74

parties shall solicit the participation of the Court in selecting the auditors from among the candidates proposed by the parties. The cost of the auditors shall be shared equally (50/50) by the DPSC and the DOJ. a. The State shall provide the auditors with full access to the files compiled for all
completed investigations and the Multiple Allegations Database described in ¶ 32. b. The auditors shall sign assurances that they will maintain the confidentiality of all
records that they review. c. The month following appointment of the auditors pursuant to this paragraph, the
DPSC shall furnish the auditors a monthly report from the central database of investigations generated pursuant to ¶ 31 of this Agreement conducted during the previous month. i. For the first monthly audit, the auditors shall randomly select up to 30% of
the investigations completed at each institution during the previous month for review and evaluation from the central database. ii. For the remaining eleven months of audits, the auditors shall select up to 30% of the investigations completed system wide from the executive summaries of all investigations completed during the previous month. As part of each month’s 30% sample, the auditors may select the 30% randomly, or alternatively, the auditors have the discretion to select all or some of the investigations to be audited solely by the following criteria: 1) investigations completed at a particular institution, and/or 2) by a particular
August 17, 2000 (1:04 pm) ::ODMA\GRPWISE|DOMAIN.POSTOFC:Client:6031.1
75

investigator, and/or 3) a particular type of investigation (such as all rape investigations; all investigations involving incidents in which the juvenile was seriously injured; all investigations involving incidents that were not recorded on videotape etc.). iii. In auditing their 30% monthly sample, the auditors may review up to four additional investigations completed during the preceding month to the extent deemed necessary in order to adequately audit any individual investigations, provided however that the auditors may not include these investigations in their questions pursuant to ¶ 121(d). d. The DPSC investigators shall comply with any reasonable request for information from the auditors. e. The auditors shall issue a monthly report to the parties and to the Court Expert describing their review and analysis. i. If the auditors determine that individual investigations are incomplete or otherwise not in compliance with the requirements of ¶¶ 25, 26, and 27 of this Agreement, the auditor shall identify those investigations. The auditors shall specifically identify the deficiencies and shall provide written instructions for completing the investigations properly. The State shall resubmit completed investigations to the auditors within 30 days. ii. If resubmitted investigations do not address the deficiencies to the satisfaction of the auditors and it was within the capacity of the DPSC to
August 17, 2000 (1:04 pm) ::ODMA\GRPWISE|DOMAIN.POSTOFC:Client:6031.1
76

remedy the deficiency, then, in furtherance of this review function, the auditors may conduct such on-site interviews or review the documents, including tapes, as the auditors, at their sole discretion, may deem appropriate. At all times, the auditors are to serve in an auditing capacity and are not to substitute themselves as investigators.
VI. COMPLIANCE AND MONITORING 122. Not later than March 1, 2001, the State shall submit to DOJ and Plaintiffs, a draft
comprehensive plan for providing medical, mental health and dental services at all of the secure juvenile facilities, including a staffing proposal for all of the facilities for the two year period beginning July 1, 2001 (the “Systems Proposal”). 123. DOJ and Plaintiffs shall submit any comments on the Systems Proposal to the State, in writing, not later than April 1, 2001. The parties shall meet promptly thereafter and attempt in good faith to resolve any disputes regarding the Systems Proposal not later than May 1, 2001. a. If the parties agree on the substance of the Systems Proposal by May 1, 2001, then
the DPSC shall request that funding for the first year of the Systems Proposal be included in the 2001-2002 fiscal year executive budget. If funding for the first year of the Systems Proposal is not included in the final approved State budget as of July 1, 2001, then, on or before August 1, 2001, the Plaintiffs, acting collectively, and/or the DOJ may move to reopen/reactivate the medical/mental health and dental claims
August 17, 2000 (1:04 pm) ::ODMA\GRPWISE|DOMAIN.POSTOFC:Client:6031.1
77

in the Lawsuits. b. If the DOJ or Plaintiffs do not accept the Systems Proposal, then, the Plaintiffs,
acting collectively, or the DOJ shall have the right to move to reopen/reactivate the Lawsuits for the purpose of litigating the medical and mental health claims in the Lawsuits. If a motion to reopen/reactivate the Lawsuits is not filed on or before May 15, 2001, then the Systems Proposal shall be deemed accepted and approved by all parties. 124. Dr. Trupin, Dr. McPherson, and Dr. Peck shall serve as the Medical/Mental Health Experts under this Agreement. In the event that any one or more of these individuals is unable or unwilling to serve as a Medical/Mental Health Expert, then the Plaintiffs, DPSC and DOJ jointly shall select a pediatrician (or a physician who is not a pediatrician, if all parties agree), psychiatrist, and/or psychologist to replace that individual or those individuals. If the parties are unable to agree on the selection of the replacement Medical/Mental Health Expert, then the DPSC and the DOJ shall each nominate a replacement and shall solicit the participation of the Court in selecting the replacement from the individuals nominated by the DOJ and DPSC. The reasonable fees and expenses of the Medical/Mental Health Experts shall be shared equally by the State and the DOJ. 125. Each of the Medical/Mental Health Experts shall conduct only one compliance tour of each secure juvenile facility. The purpose of these tours shall be to assess the State’s substantial compliance with the terms of this Agreement and the Systems Proposal. It is the parties’ intent that the Medical/Mental Health Experts conduct their tours as a group and attempt
August 17, 2000 (1:04 pm) ::ODMA\GRPWISE|DOMAIN.POSTOFC:Client:6031.1
78

to reach consensus on issues common to their fields of expertise. Unless the parties agree, after consultation with the experts, to a different procedure, each site tour shall be conducted between 8:30 a.m. and 9:00 p.m. within a single three day period, and documents shall be requested only during normal business hours. During these site tours, the Medical/Mental Health Experts shall have reasonable access to all facilities, staff and documents relating to the areas of their compliance tours. The State will make facility and Provider personnel available to all Medical/Mental Health Experts. The Medical/Mental Health Experts shall have the right to conduct confidential interviews with juveniles. The State shall have the right to have a non-attorney representative present during any interviews with staff, Provider personnel, or contractors. The Medical/Mental Health Experts may make reasonable and timely requests for copies of documents either before, during, or after the tours and DPSC agrees to provide these documents to the experts within a reasonable time frame. The experts will use their best efforts to minimize the number of documents requested. 126. The Medical/Mental Health Experts shall conduct their compliance tours of all of Louisiana’s secure juvenile facilities at times mutually agreed upon by the parties and shall generate and submit written reports of their findings. The Medical/Mental Health Experts will meet with the Provider, warden and other staff of each facility at the conclusion of each tour in order to discuss their findings. All site tours shall be conducted and all reports shall be submitted during the period between August 1, 2002 and December 2, 2002. Medical/Mental Health Experts will submit their reports as promptly as possible following
August 17, 2000 (1:04 pm) ::ODMA\GRPWISE|DOMAIN.POSTOFC:Client:6031.1
79

each tour, but in no event more than 60 days after each tour. These reports shall be distributed only to counsel for the DOJ, Plaintiffs, and the State, and to the Court Expert. Upon receipt of the reports, the State shall have 15 days in which it may respond to any findings or describe any remedial action that it may contemplate. The reports shall not be filed in the record of these proceedings or otherwise publicly released unless Plaintiffs, acting collectively, or DOJ deem it necessary to attach such reports to a motion to reopen the Lawsuits, or unless the Court orders these Lawsuits to be reopened/reactivated.
127. In addition to the Medical/Mental Health compliance tour of each of the secure juvenile facilities described in ¶¶ 125 and 126, the parties agree that Dr. Trupin and Dr. Peck shall visit the Jetson Correctional Center for Youth upon the conclusion of the first year of this Agreement. The visit shall be scheduled at a time mutually agreed by Dr. Trupin, Dr. Peck, the Provider, and the Court Expert. The purpose of the visit will be to provide Dr. Trupin and Dr. Peck an opportunity to review the progress that has been made in implementing the medical, dental and mental health provisions during the first year of this Agreement. The parties anticipate that the visit will last no more than two days, but Dr. Trupin, Dr. Peck and the Provider may extend the length of the visit if they deem it appropriate. No written report of the visit will be prepared, but Dr. Trupin and Dr. Peck will advise the State, the Provider, Plaintiffs, DOJ, and the Court Expert of areas in which they believe that the State and/or the Provider have not yet achieved compliance with the medical, dental and mental health provisions of this Agreement. The exit interview conducted by each expert will be
August 17, 2000 (1:04 pm) ::ODMA\GRPWISE|DOMAIN.POSTOFC:Client:6031.1
80

tape recorded and the tapes made available to the State, Plaintiffs, the DOJ, and the Court Expert. All documents and information obtained during these technical assistance tours may be offered into evidence if Plaintiffs or the DOJ move to re-open the Lawsuits, subject to the entry of appropriate orders to protect the confidentiality of juvenile records and subject to any evidentiary objections to admissibility that may be asserted by the State. The exit interview tape recordings may be used for impeachment purposes. 128. Compliance with the juvenile justice provisions of this Agreement shall be monitored by one expert selected by the DOJ and one expert selected by the State (the “Juvenile Justice Experts”). The Juvenile Justice Experts shall conduct only one compliance tour of each of Louisiana’s four secure facilities. The purpose of these tours shall be to assess the State’s substantial compliance with the juvenile justice provisions of this Agreement. It is the parties’ intent that the Juvenile Justice Experts conduct their tours together with the Court Expert and attempt to reach consensus on juvenile justice issues. Unless the parties agree after consultation with the experts to a different procedure, each site tour shall be conducted between 8:30 a.m. and 9:00 p.m. within a single three-day period, and documents shall be requested only during normal business hours. During these site tours, the Juvenile Justice Experts and two DOJ or Plaintiffs’ attorneys shall have reasonable access to all facilities and documents relating to the areas of their compliance tours. The State will make facility and Provider personnel available to all Juvenile Justice Experts. One attorney for the State and one attorney for the DOJ or Plaintiffs each shall be present as observers only during any interviews with juveniles, staff, Provider personnel or
August 17, 2000 (1:04 pm) ::ODMA\GRPWISE|DOMAIN.POSTOFC:Client:6031.1
81

contractors. The Juvenile Justice Experts may make reasonable and timely requests for copies of documents either before, during, or after the tours and DPSC agrees to provide these documents to the experts within a reasonable time frame. The experts will use their best efforts to minimize the number of documents requested and will not request the production of documents already produced in accordance with this Agreement. 129. The Juvenile Justice Experts shall conduct the compliance tours of each secure juvenile facility at times mutually agreed upon by the parties and shall generate and submit written reports of their findings. One DOJ or Plaintiffs’ attorney and one State attorney may accompany each of the Juvenile Justice Experts on the compliance tour, provided, however, that no more than two DOJ or Plaintiffs’ attorneys and no more than 2 State attorneys would be present at the facility during the tour. All site tours shall be conducted and all reports shall be submitted during the period between August 1, 2002 and December 2, 2002; provided, however, that juvenile justice tours shall not be conducted concurrently with the medical/mental health compliance tours. These reports shall be distributed only to counsel for the DOJ, Plaintiffs, the State, and to the Court Expert. Upon receipt of the reports, the State shall have 15 days in which it may respond to any findings or describe any remedial action that it may contemplate. The reports shall not be filed in the record of these proceedings or otherwise publicly released unless Plaintiffs, acting collectively, or DOJ deem it necessary to attach such reports to a motion to reopen the Lawsuits, or unless the Court orders these Lawsuits to be reopened/reactivated. 130. In addition to the Juvenile Justice compliance tour of each of the secure juvenile facilities
August 17, 2000 (1:04 pm) ::ODMA\GRPWISE|DOMAIN.POSTOFC:Client:6031.1
82

described in ¶¶ 128 and 129, the parties agree that Paul DeMuro, the State’s juvenile justice expert, and the Court Expert shall visit each secure juvenile facility upon the conclusion of the first year of this Agreement. The visit shall be scheduled at a time mutually agreed by the parties and the Court Expert. The purpose of the visit will be to provide Mr. DeMuro and the State’s expert an opportunity to review the progress that has been made in implementing the juvenile justice provisions during the first year of this Agreement. The parties anticipate that visits to each facility will last no more than two days, but Paul DeMuro and the State’s expert may agree to extend the length of the visits if they deem it appropriate. No written report of the visits will be prepared by Paul DeMuro and the State’s expert. However, each expert will advise the State, Plaintiffs, the DOJ, and the Court Expert of areas in which he or she believes that the State has not yet achieved compliance with the juvenile justice provisions of this Agreement. The exit interview conducted by each expert will be tape recorded and the tapes made available to the State, Plaintiffs, the DOJ and the Court Expert. All documents and information obtained during these technical assistance tours may be offered into evidence if Plaintiffs or the DOJ move to re-open the Lawsuits, subject to the entry of appropriate orders to protect the confidentiality of juvenile records and subject to any evidentiary objections to admissibility that may be asserted by the State. The exit interview tape recordings may be used for impeachment purposes. 131. If the DOJ or Plaintiffs have cause to believe that the State’s non-compliance with this Agreement threatens the immediate health and safety of juveniles, then the DOJ or Plaintiffs
August 17, 2000 (1:04 pm) ::ODMA\GRPWISE|DOMAIN.POSTOFC:Client:6031.1
83

shall immediately notify the Court Expert and the State of the specific provisions of this Agreement that they believe have been violated and the facts upon which this allegation is based. The State shall have a reasonable opportunity to investigate and respond to the allegations. If the DOJ or Plaintiffs are not satisfied with the State’s response, then the parties commit to meet and attempt to resolve the dispute informally with the assistance of the Court Expert in an expeditious manner. If the DOJ or Plaintiffs still believe that the State’s noncompliance threatens the immediate health and safety of juveniles, then the Plaintiffs, acting collectively, or DOJ shall have the right to move the Court to reopen or reinstate this litigation to the extent necessary for the Plaintiffs, acting collectively, or DOJ to investigate whether the State’s noncompliance threatens the immediate health and safety of juveniles and to seek emergency judicial relief, if necessary, for the conditions that threaten the immediate health and safety of the juveniles. If Plaintiffs, acting collectively, or DOJ seek emergency judicial relief, they have the burden to prove that the conditions violate the federal constitutional or federal statutory rights of the juveniles. 132. The parties consent and agree to entry of a final judgment dismissing with prejudice all allegations in the Lawsuits relating to juvenile justice, medical, mental health and dental issues at all of Louisiana’s secure juvenile facilities at any time on or after January 21, 2003 unless the Plaintiffs, acting collectively, or DOJ, has moved for an order reopening and reactivating the Lawsuits prior to January 21, 2003. 133. Compliance with the terms of this Agreement and the Systems Proposal also shall be monitored by the Court Expert in Williams v. McKeithen. The State shall bear all costs
August 17, 2000 (1:04 pm) ::ODMA\GRPWISE|DOMAIN.POSTOFC:Client:6031.1
84

incurred by the Court Expert, including, but not limited to that expert’s fees and expenses (e.g. for site visits, administrative costs, report writing, and telephone calls made for consultation). 134. In order to monitor compliance with this Agreement, the Court Expert shall have reasonable access to all facilities, residents, staff and documents. The Court Expert shall have the right to conduct confidential interviews with staff and residents. 135. Until the termination of this Agreement, the State shall, at its own expense, provide the Court Expert, the DOJ and one of the law firms representing the Plaintiffs with the following documents for each of the secure juvenile facilities, on a quarterly basis: 1. C-005-001 and C-005-003 reports, together with all attachments described in
DPSC regulations; 2. All Use of Force reports, with applicable accident and injury reports; 3. All Chemical Agent reports; 4. Comprehensive audits prepared by the Youth Program Compliance Division
pursuant to ¶ 118(a) of this Agreement; 5. Comprehensive audits prepared by the Provider pursuant to ¶ 80 of this Agreement; 6. A list of correctional officers identified during the preceding quarter with three or
more allegations within a two year period as provided in ¶ 32(c). 7. The headquarters central PZT logs for the preceding quarter. 8. Current medical, mental health, and dental staff positions and vacancies at all secure
juvenile facilities.
August 17, 2000 (1:04 pm) ::ODMA\GRPWISE|DOMAIN.POSTOFC:Client:6031.1
85

The State will also provide the DOJ copies of all of the PZT reports (including all attachments, videos, and any other documents) which are selected by the auditors for review under ¶ 121.
Each quarterly report shall be distributed not later than thirty (30) days after the end of the quarter. The first quarterly report shall include only the information in subparagraphs (a), (b), (c), (g), and (h) above. The first quarterly report shall cover the period from October 1, 2000 through December, 31, 2000 and shall be distributed not later than January 31, 2001. Subsequent reports will be distributed in the same manner each quarter. The State shall continue to report certain incidents to Keith Nordyke and the Court Expert in accordance with the practice generally described in correspondence dated November 3, 1999. 136. Upon the effective date of this Agreement, the State shall make the following documents available for inspection by attorneys for the Plaintiffs during normal business hours, subject to reasonable limitations and notices: a. All ARPs and grievances submitted by juveniles; b. All juvenile disciplinary reports; c. All PZT reports (including all attachments, videos, and any other documents
referenced in the PZT reports); d. Infirmary logs; e. Trip logs to hospitals; f. Juvenile Master case records and medical, dental and mental health records;
August 17, 2000 (1:04 pm) ::ODMA\GRPWISE|DOMAIN.POSTOFC:Client:6031.1
86

g. Mechanical restraint logs; h. Recreation logs; and i. Chemical agent logs. 137. The State shall make reasonable efforts to promptly provide any document related to compliance with this Agreement reasonably requested by the Court Expert or by Plaintiffs or DOJ, but in any event shall provide such documents within ten business days of the requests. This shall not include, however, documents or portions of documents that are subject to attorney client or work product privilege. In producing documents to Plaintiffs or DOJ pursuant to this paragraph or paragraph 136, the State shall bear the cost of providing up to 2000 pages of copies of documents to the Plaintiffs collectively per year. Any documents requested beyond this amount shall, at the option of the State, be made available for inspection and copying by the party, or shall be copied by the State at a cost of 5 cents per page to be paid by the requesting party. 138. For purposes of this paragraph, the substantive provisions of this Agreement shall be divided into six categories: (1) medical and dental, (2) mental health and rehabilitative services, (3) staffing and capacity, (4) juvenile justice quality assurance, (5) access to courts, and (6) all other juvenile justice provisions (including protection from abuse and violence, direct care staff training, positive behavior management/discipline, classification, chemical agents, mechanical restraints, living conditions, and cell restriction).
If the Plaintiffs, acting collectively, or DOJ believe that the State has failed to substantially comply with one or more of these six categories during the term of this
August 17, 2000 (1:04 pm) ::ODMA\GRPWISE|DOMAIN.POSTOFC:Client:6031.1
87

Agreement, then they shall so notify the State in writing. The parties shall conduct goodfaith negotiations to resolve the dispute and may agree in writing to adopt a plan of correction or otherwise modify the Agreement. If the parties are unable to reach agreement within 30 days of the Plaintiffs’ or DOJ informing the State of their allegations of non-compliance, then the Plaintiffs, acting collectively, or DOJ may file a motion with the Court to reopen the Lawsuits with respect to that category or categories. The State shall respond to the motion within 20 days. If the Court enters an order to reopen any one of these categories, then the provisions of that category are terminable at the discretion of the State.
Notwithstanding the foregoing, a motion to reopen this Agreement solely for the purpose of seeking emergency judicial relief under ¶ 131, above, will not, in and of itself, terminate the State’s obligations under the remaining provisions of the Agreement.
This Agreement shall, in any event, terminate and shall be of no further effect whatsoever after January 21, 2003, regardless of the State’s compliance or non-compliance with the terms of this Agreement or the Systems Proposal, and regardless of whether the Lawsuits have or have not been reopened/reactivated. 139. The parties agree to meet and attempt resolution of any issues involved in the Lawsuits prior to any new litigation and prior to any new filings in the Lawsuits. The parties acknowledge that the Court has historically facilitated informal discussions between and among the parties in efforts to achieve agreement regarding controversies that demand resolution, and the State and the Plaintiffs will agree, to the extent possible, to seek the
August 17, 2000 (1:04 pm) ::ODMA\GRPWISE|DOMAIN.POSTOFC:Client:6031.1
88

Court’s assistance in facilitating informal resolution to such controversies. 140. This Agreement and the Systems Proposal shall not be construed to create an obligation to
an individual juvenile, and failure to comply with this Agreement and the Systems Proposal shall not be deemed a breach of any civil duty to a juvenile. 141. Nordyke and Denlinger and Juvenile Justice Project of Louisiana (“JJPL”) shall be permitted to interview juveniles in all secure facilities for purposes of monitoring this Agreement. The DPSC may impose reasonable limitations on such interviews; however, attorney contacts with juveniles for purposes of monitoring the Agreement shall not be governed by DPSC Regulation C-01-004. The State shall pay reasonable attorneys fees and expenses to class counsel in monitoring this Agreement, as set forth below. Class counsel are Nordyke and Denlinger and JJPL. Nordyke and Denlinger shall submit detailed billing statements for all fees and expenses on a monthly basis. JJPL waives fees for monitoring unless and until the Lawsuits are reopened in accordance with this Agreement; provided, however, that JJPL may seek recovery of fees for time spent in connection with a successful motion to reopen, and JJPL reserves the right to seek recovery of attorney fees and expenses that are incurred after the Lawsuits are reopened. JJPL and the State shall enter a separate agreement to address reimbursement of expenses incurred by JJPL in monitoring this Agreement. The fees paid for monitoring this Agreement shall be as determined by the Court. Either party may seek relief from the Court, including but not limited to seeking the Court’s assistance in facilitating informal resolution to disputes and/or filing appropriate motions to resolve any disputes concerning the payment of fees
August 17, 2000 (1:04 pm) ::ODMA\GRPWISE|DOMAIN.POSTOFC:Client:6031.1
89

and expenses. Plaintiffs are not required to reopen or restore the Lawsuits to the Court’s docket in order to seek such relief.
Class counsel reserve the right to seek recovery of fees for other tasks (other than monitoring) in the event the Lawsuits are reopened, provided, however, that the State reserves the right to challenge their entitlement to any such fees, and the reasonableness of such fees.
Class counsel will have 15 days from the granting of the State’s motion for final dismissal to submit for payment their final invoice for any remaining fees and expenses. Within 15 days of receipt of the final invoice, the State shall pay all undisputed items. If the State disputes any item, then any party shall have 60 days from the granting of that motion to seek relief from the Court. This done and signed on the dates below written.

FOR PRIVATE PLAINTIFFS

FOR THE DEPARTMENT OF JUSTICE

____________________________ _________________________

Keith Nordyke Bar Roll 8556 Steven H. Rosenbaum, Chief

June Denlinger Bar Roll 1823 Robinsue Frohboese, Deputy Chief

Nordyke and Denlinger

Judith C. Preston

Box 237

Iris Goldschmidt

Baton Rouge, La. 70821

Trial Attorneys

Telephone: 225-383-1601

United States Department of Justice

Fax: 225-383-2725

Civil Rights Division

Special Litigation Section

P. O. Box 66400

____________________________ Washington, D.C. 20035

David J. Utter

Telephone: 202-514-6258

Bar Roll 23236

Fax: 202-514-6273

Gabriella Celeste

August 17, 2000 (1:04 pm) ::ODMA\GRPWISE|DOMAIN.POSTOFC:Client:6031.1
90

Bar Roll 25363 Juvenile Justice Project
Of Louisiana 822 Camp St. New Orleans, La. 70130 Telephone: 504-522-5437 Fax: 504-522-5430

_________________________ DATE

_________________________ DATE

______________________________ L. J. Hymel United States Attorney for the Middle District of Louisiana 777 Florida St. Baton Rouge, La. 70802
_________________________ DATE
FOR DEFENDANTS
FOR THE STATE OF LOUISIANA AND ITS OFFICES, AGENCIES, AND DEPARTMENTS
RICHARD P IEYOUB Attorney General for the
State of Louisiana
BY:____________________________ Constance A. Koury
August 17, 2000 (1:04 pm) ::ODMA\GRPWISE|DOMAIN.POSTOFC:Client:6031.1
91

First Assistant Attorney General State of Louisiana 22nd Floor, State Capitol Baton Rouge, La. 70804-9095
Telephone: 225-342-7013 BY:____________________________
Richard Curry Bar Roll 4671 McGlinchey Stafford One American Place Suite 9000 Baton Rouge, La. 70825 Telephone: 225-383-9000 Fax: 225-382-3725 ________________________________ DATE
August 17, 2000 (1:04 pm) ::ODMA\GRPWISE|DOMAIN.POSTOFC:Client:6031.1
92

 
 IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF LOUISIANA

HAYES WILLIAMS, et al.

)

Plaintiffs,

)

)

v.

) Civ. No. 71-98-B

)

JOHN McKEITHEN, et al.

)

Defendants,

)

)

UNITED STATES OF AMERICA,)

Amicus Curiae.

)

)

IN RE: JUVENILE FACILITIES ) Civ. No. CH 97-MS-001-B

)

IN RE: TALLULAH CORRECTIONAL ) Civ. No. CH 97-0665-B-M1

CENTER FOR YOUTH

)

)

IN RE: JETSON CORRECTIONAL ) Civ. No. CH 97-0666-B-M1

CENTER FOR YOUTH

)

)

IN RE: SWANSON CORRECTIONAL ) Civ. No. CH 97-0667-B-M1

CENTER FOR YOUTH

)

)

IN RE: LOUISIANA TRAINING) Civ. No. CH 97-0668-B-M1

INSTITUTE - BRIDGE CITY)

)

IN RE: JENA JUVENILE JUSTICE ) Civ. No. CH 98-0804-B-M1

CENTER

)

______________________________)

)

BRIAN B., et al.

)

Plaintiffs,

) Civ. No. 98-886-B-M1

)

v.

)

)

RICHARD STALDER, et al.,

)

Defendants.

)

______________________________)

THE UNITED STATES OF AMERICA, )

Plaintiff,

)

)

v.

)

)

THE STATE OF LOUISIANA,

)

et al.,

)

Defendants.

)

_____________________________ )

)

A.A., et al.,

)

Plaintiffs,

)

)

v.

)

)

WACKENHUT CORRECTIONS CORP., )

et al.,

)

Defendants.

)

_____________________________)

Civ. No. 98-947-B-1 Civ. No. 00-246-C-M1

2003 Settlement Agreement
On November 1, 1999, the United States Department of Justice (hereinafter "DOJ"), the private plaintiffs, and the State of Louisiana (hereinafter "the State") signed an agreement resolving all claims regarding the provision of educational services at Louisiana's juvenile correctional facilities (hereinafter "the Education Agreement"). On August 31, 2000, the DOJ, the private plaintiffs, and the State signed a second agreement resolving the DOJ and private plaintiffs' claims regarding juvenile justice issues, and medical, dental, mental health, and rehabilitation services, and the private plaintiffs' claim regarding access to courts (hereinafter "the Juvenile Justice Agreement").
The parties agree that, based on their own assessments and the assessments of their experts, the State is in substantial compliance with the Education Agreement. The parties also agree that, based on their own assessments and the assessments of their experts, the State is in substantial compliance with many provisions in the Juvenile Justice Agreement. The DOJ and the private plaintiffs contend, however, that the State is not in substantial compliance with some important provisions in the Juvenile Justice Agreement.
-2-

In recognition of the State's substantial compliance with the Education Agreement and with many provisions of the Juvenile Justice Agreement, and in consideration of (1) the State's agreement to modify certain provisions of the Juvenile Justice Agreement; (2) the State's agreement to continue to implement policies and procedures that are substantially similar to the Education Agreement and the portions of Juvenile Justice Agreement that will be terminated; and (3) the State's agreement to continue to employ a State Director of Education to oversee the educational programs at the facilities, the parties agree to the following:
1. The parties agree to terminate the Education Agreement and shall jointly move the Court to dismiss with prejudice all claims regarding the provision of educational services at Louisiana's juvenile correctional facilities. [Note: Subject to an acceptable status report on purchases of vocational education materials].
2. The parties agree to terminate the Juvenile Justice Agreement, provided, however, that certain paragraphs of that agreement are incorporated into this Agreement and shall remain in effect until termination of this Agreement.
3. With regard to the juvenile justice provisions of the Juvenile Justice Agreement (paragraphs 20 - 75), the parties agree that the State is in substantial compliance with paragraphs 21, 22, 23, 29 (except the last sentence), 31, 37, 39, 40, 41, 42, 43, 49 (except the second to last sentence), 61, 62, 63, 64, 65, 66, 67, 68, 70, 71, 72, and 75. The parties agree that these paragraphs, or portions of paragraphs, are terminated and are not incorporated into this Agreement. The parties agree that the following juvenile justice provisions in the Juvenile Justice Agreement are incorporated into this Agreement and shall remain in effect until termination of this Agreement: 20, 24, 25, 26, 27, 28, 29 (the last sentence only), 30, 32, 33, 34, 35, 36, 38, 44, 45, 46, 47, 48, 49 (the second to last sentence only), 50, 51, 52, 53, 54, 55, 56, 57, 58, 59, 60, 69, 73, and 74.
-3-

4. With regard to the medical, dental, and mental health provisions of the Juvenile Justice Agreement (paragraphs 76 - 116), the parties agree to terminate all paragraphs that apply to services provided by Louisiana State University Health Sciences Center ("LSUHSC") at Jetson Correctional Center for Youth ("JCCY") and Bridge City Correctional Center for Youth ("BCCCY") except paragraphs 76 (as discussed in the last sentence of this paragraph), 80 (a - i and k - n), 101, 103, and 111. The parties agree that the Department of Public Safety and Corrections' ("DPSC") responsibilities in paragraphs 87, 90, 101, 103, 108, 109, 110, 111, 112, 113, 114, 115, and 116 are incorporated into this Agreement and shall remain in effect until termination of this Agreement. The parties agree that paragraphs 76 - 116 of the Juvenile Justice Agreement, as they pertain to Swanson Correctional Center for Youth - Monroe ("SCCY-Monroe") and Swanson Correctional Center for Youth - Madison Parish Unit ("SCCY-Madison"), are incorporated into this Agreement and shall remain in effect until termination of this Agreement. In addition, the parties agree to modify paragraph 76 to indicate that the State shall maintain its contractual relationship with LSUHSC during the life of this Agreement, provided that this shall not be interpreted to expand any contractual obligations of LSUHSC.
5. With regard to the quality assurance provisions of the Juvenile Justice Agreement (paragraphs 117 - 121), the parties agree to terminate paragraph 121. All other quality assurance provisions of the Juvenile Justice Agreement are incorporated into this Agreement and shall remain in effect until termination of this Agreement.
6. With regard to the compliance and monitoring provisions of the Juvenile Justice Agreement (paragraphs 122 - 141), the parties agree to terminate paragraphs 122, 123, 127, 130, 132, 133, 134, 135 (1, 2, 3, 6, 7, 8) , and 138. Paragraphs 124, 125, 126, 128, 129, 131, 135 (4, 5), 139, and 140 are incorporated into this Agreement and shall remain in effect until termination is accomplished according to the terms of this Agreement. During the life of this agreement, the DOJ's Special Litigation Section of the Civil Rights Division and private plaintiffs agree that they will not seek authority for tours, inspections, or onsite monitoring of conditions at any of the secure facilities except as authorized by this Agreement. For purposes of monitoring this Agreement, the plaintiffs agree
-4-

to incorporate paragraphs 136, 137 and 141 into this Agreement with the following limitations:
A. The DOJ and private plaintiffs agree to limit their requests for review of documents for inspection and copying to no more than once per quarter at each institution. In addition, DOJ and private plaintiffs agree to review PZT reports at DPSC headquarters. The parties agree that DOJ, Nordyke & Denlinger, and Juvenile Justice Project of Louisiana ("JJPL") each shall receive 1000 copies at no charge over the life of this agreement and that any copies over that amount shall be billed at $.25 a page;
B. Private plaintiffs agree to provide notice of requests to visit juveniles, who telephone and request a visit or who are identified by the facility in a "Nordyke Report," 48 hours in advance of any visit. In addition, once per quarter per institution, private plaintiffs may visit juveniles and review juveniles’ files for five days per institution. Any documents requested during these visits shall be done so in writing and private plaintiffs will work with the facility to list the documents requested contemporaneously with the request.
C. Nothing in this paragraph shall be construed to limit counsel for individual juveniles to conduct legal visits.
7. With regard to the jurisdictional provisions and definitions in the Juvenile Justice Agreement (paragraphs 1 - 19), the parties agree to terminate paragraphs 5(c)(as it pertains to the appointment of John Whitley as the Court Expert only), 7, 8, and 9(b). Paragraph 18 of the Juvenile Justice Agreement shall be amended to read as follows:
A. The term “reportable injury” means any injury that threatens a juvenile’s life or limb, or that requires urgent treatment by a doctor, or severely restricts the juvenile’s usual activities, or requires followup by a doctor. Whenever the medical staff at any of the juvenile correctional facilities has cause to believe that there has been neglect, abuse, excessive use of force, use of any type of chemical restraint, or any sexual abuse or sexual activity between at least two people one of whom
-5-

is a juvenile, then the medical staff will notify PZT. The medical staff at each juvenile correctional facility will also notify PZT of any reportable injury. In addition, the medical staff will make a written record of the date and time that they made the referral to PZT required by this subparagraph. All such records of referrals will be kept in one location at each facility.
Paragraphs 25, 26 and 29 of the Juvenile Justice Agreement shall be amended to substitute “reportable injury” for “serious injury”. The parties also agree to eliminate the phrase "the Secretary of the Department of Health and Hospitals and all Departments and Agencies of the State of Louisiana," in paragraph 19. All other jurisdictional provisions and definitions are incorporated into this Agreement and shall remain in effect until termination of this Agreement.
8. The State, with technical assistance from the Independent Expert, will develop and implement additional structured programming at each facility after school, in the evenings, and on the weekends. The structured programming shall be designed to support rehabilitation and reduce violence.
9. In an effort to enhance the quality and consistency of the youth's education and treatment at the facilities, the State will not, unless required by exigent circumstances, transfer youth from one facility to another once the initial placement has been made by the Juvenile Reception and Diagnostic Center ("JRDC") unless an interdisciplinary team meets to consider whether the youth's treatment, rehabilitation, and education, taken as a whole, would be better served at another facility. For purposes of this paragraph, the State shall form an interdisciplinary team, with advice and input from the Independent Expert, that may consist of a correctional officer from the youth's most recent dorm, one of the youth's current teachers (if the youth is in school), the youth's current caseworker, and the youth's mental health treatment provider (if applicable). When a youth is transferred, the State shall explain the reasons for the transfer and provide documentation in the youth's file. For purposes of this paragraph, exigent circumstances exist when there is a substantial threat to the safety of the juvenile, or others, or the security of the institution and
-6-

there is no time, as a practical matter, to convene an interdisciplinary team meeting.
10. In an effort to protect youth from harm and ensure that youth are receiving needed mental health services:
A. The State will not, unless required by exigent circumstances, house on Unit II at SCCY-Madison youth who are seriously mentally ill or have an IQ below 70; and
B. The State will not, unless required by exigent circumstances, transfer to Unit II at SCCY-Madison youth who are currently assigned to BCCCY or the short-term program at SCCY-Madison unless the juvenile is first evaluated by LSUHSC mental health staff at BCCCY, or the juvenile is transferred to JRDC for evaluation.
C. Ninety days after signing this Agreement, the State will house no more than 128 youth on Unit II at SCCY-Madison, including any youth from Unit I temporarily housed on Unit II, but not including youth housed in the infirmary.
D. For purposes of this paragraph, exigent circumstances exist when there is a substantial threat to the safety of the juvenile, or others, or the security of the institution and there is no time, as a practical matter, to convene an interdisciplinary team meeting.
E. If a youth in subparagraph (A) or (B) is sent to Unit II at SCCY-Madison because of exigent circumstances, the State shall include documentation of the exigent circumstances in the youth's file.
F. The limitations in subparagraphs (A), (B), and (C) can be modified only if (1) the purpose and use of one or more buildings on Unit II at SCCY-Madison changes substantially from its current maximum custody utilization, (2) the new purpose and use of one or more buildings on Unit II is shared, in writing, with the Independent Expert, DOJ and the private plaintiffs, and (3) the State consults with and receives input from the Independent Expert prior to implementing the new purpose and use of one or more of the buildings on Unit II. If the purpose and use for one or more buildings on Unit II
-7-

changes substantially, then the limitations in subparagraphs (A) and (B) cease to apply to those buildings only.
11. Within 45 days of signing this Agreement, the State shall reduce the population at SCCY-Madison to 245, and within 90 days of signing this Agreement, the State shall reduce the population at SCCY-Madison to 225. In addition, for as long as SCCY-Madison remains open, the State will:
A. continue to operate the LITE program on Unit I, unless the State (1) develops a plan, in writing, and provides a copy of the plan to the Independent Expert, DOJ, and the private plaintiffs, and (2) the State consults with and receives input from the Independent Expert prior to implementing the plan; and
B. within 90 days of signing the Agreement, the State shall (1) develop a plan for the future use of Unit II, (2) provide a copy of the written plan to the Independent Expert, DOJ, and the private plaintiffs, and (3) consult with and receive input from the Independent Expert prior to implementing the plan and any subsequent changes to the plan for Unit II. The State's plan for the future use of Unit II will include dates and deadlines for its implementation and completion and the State will adhere to those deadlines.
12. In order to further implement the paragraphs of the Juvenile Justice Agreement concerning the case management system (i.e., paragraphs 55, 56, 57, 80(n), 87, 90, 108, 110, 111, 112, 113, and 115), the State, with technical assistance from the Independent Expert, will:
A. establish and implement policies and procedures that will make it the regular and routine practice for each youth to work with one caseworker during his or her time at a correctional facility;
B. make it the regular and routine practice for caseworkers to have an individual counseling session with a youth promptly when one of the following events occur: (1) the youth is in danger of having his custody level increased due to an increased number of disciplinary tickets; (2) the court denies the youth early release; (3) the facility either removes the youth from the shortterm program or extends his time in the short-term program;
-8-

or (4) the facility decides not to recommend the youth for early release even though he or she has maintained a minimum custody level for two consecutive quarters. The counseling session will be designed to help the youth develop concrete strategies for dealing with the problems (e.g., strategies for avoiding future tickets, strategies for completing the short-term program, strategies for obtaining a recommendation for early release). In addition, the caseworker will record notes from the counseling session in the youth's file. This counseling session does not replace or substitute the youth's regular, individual counseling session with the caseworker. The caseworker will be encouraged to share relevant information learned in these sessions with the interdisciplinary team during the youth's quarterly staffing and the team will decide whether the youth's individualized intervention plan ("IIP") needs to be modified to include additional programming or rehabilitative services;
C. establish and implement policies and procedures ensuring that the Office of Youth Development ("OYD") employees coordinate their efforts to ensure that motions, or letters if they are sufficient for that court, to modify youths' dispositions to less secure settings are timely filed with the court; and
D. continue to work with Dr. James Austin to identify youth deemed inappropriate for secure care and work with relevant State officials, including providing notification to the Louisiana Indigent Defense Assistance Board ("LIDAB"), to obtain a modification of disposition from the court for these youth.
13. The State will continue to improve access to courts provided to all incarcerated youth. To that end, the State will:
A. provide two attorneys to support and help develop access to the courts for youth. To that end, the parties agree that their principle responsibilities will be:
i. to monitor and support modifications of dispositions of those juveniles identified by the State as appropriate for modification and direct that information to the youth's attorney;
-9-

ii. notify the LIDAB when a youth seeks to retain counsel and the youth either never had an attorney or the youth's attorney no longer represents him/her; and
iii. train caseworkers and other facility staff to encourage juveniles to use the administrative remedies when the youth have a complaint.
B. amend DPSC policies and procedures regarding access to courts. To that end, the State will permit youth to visit and communicate confidentially with attorneys and place attorney's phone numbers on their approved telephone lists without parental consent. In addition, the State will adopt policies and procedures to recognize an attorney-client relationship without parental consent. Under these policies and procedures, the DPSC will recognize an attorney-client relationship without parental consent ten days after:
i. the DPSC has received a copy of the juvenile's written request for representation and a copy of the juvenile's written request that the attorney have access to documents from the juvenile's record (taking into account the limitations described below);
ii. the DPSC has received (a) a copy of a letter notifying the juvenile's parent or guardian that juvenile has requested representation and that the parent or guardian should notify DPSC or the court if they have any objection, and (b) "proof of mailing" from the post office verifying that this letter has been sent to the parent or guardian; and
iii. the attorney has provided a statement that he or she has made efforts to contact the parent or guardian.
The DPSC will recognize an attorney-client relationship ten days after receipt of these documents unless the DPSC or the parent or guardian has submitted an objection to the representation. The State agrees to provide access to the youth's education records if the attorney obtains parental consent from the youth's parent or guardian.
- 10 -

14. The juvenile administrative remedy procedure ("ARP") system at each facility will include, at a minimum, the following:
A. reasonable access to ARP forms and reasonable access to file ARP forms. The forms and a mechanism for filing the forms should be readily available in every dorm, school, and cafeteria;
B. assistance and/or accommodations for youth who, for any reason, are unable to file a timely written ARP;
C. a timely written response to the ARP that addresses the issue or concern raised in the ARP;
D. a mechanism to file an appeal in a timely manner to the Assistant Secretary. The Assistant Secretary or his designee will provide a timely written response; and
E. education about the purpose of the ARP system and the procedure for filing and appealing a ARP.
15. In an effort to clarify provisions in the Juvenile Justice Agreement regarding the PZT investigation system and to improve the quality of the PZT investigations, the State agrees to the following:
A. The lead investigator at each facility must have investigative experience outside of the Louisiana juvenile correctional system prior to being hired as a PZT investigator and must not have worked as a correctional officer at the institution at which the investigator will be working;
B. In Paragraph 32 of the Juvenile Justice Agreement, which requires the State to create a Multiple Allegation Database ("MAD") which tracks allegations of "abuse" and "misconduct," the term "misconduct" includes, at a minimum, any violation of Rule #10 (Entitled "Falsifying Documents or Making False Statements") in the Employee Rulebook that DPSC used in December 2002;
C. All current investigators must receive training to help improve their investigative techniques, standardize the PZT report writing format, and better
- 11 -

understand the standards they are required to apply. The training will be provided in consultation with the Independent Expert. The training will take into account the suggestions and comments of the two former auditors, Dale Dangremond and Terry Kincaid;
D. The PZT system will establish and implement a comprehensive training program, with technical assistance from the Independent Expert, that all current investigators will be required to complete by April 1, 2003. All new investigators hired during the life of this Agreement will be required to complete the training program within three months of being hired. New investigators who have not completed the training program shall only be assigned to investigations where they work under the close supervision of the lead investigator and shall not have the authority to conduct PZT investigations independently;
E. The State will address management problems that are uncovered during the course of a PZT investigation (e.g., inadequate staffing, contraband, location of fights or abuse, etc.);
F. The State will review and correct the disposition and sanction of any disciplinary ticket to ensure that it is consistent with the facts and findings of any related substantiated PZT investigation;
G. The State will inform, in writing, every youth who files a PZT complaint against a staff member of the outcome of the investigation. In addition, the State will notify the youth's parent or guardian in writing when their child is the victim listed on a substantiated case of staff-on-juvenile abuse; and
H. Concurrent with the release of the second quarterly report, the Independent Expert will identify, in a confidential letter to the parties, the names of PZT investigators, if any, who, despite efforts to train, are not producing adequate investigations on a regular basis. The Independent Expert's findings must be supported by examples of inadequate work product. The State agrees to take appropriate action such as reassigning the individuals to other non-investigatory positions.
16. Not later than February 1, 2003, DPSC shall assume responsibility for (1) hiring all PZT investigators,
- 12 -

(2) providing adequate initial and ongoing training for all PZT investigators, and (3) supervising, reviewing, and ensuring the quality of all PZT investigations. In making hiring decisions, preference will be given to applicants who have experience as an investigator prior to being hired as a PZT investigator. In addition, the State, after consultation and input from the Independent Expert, will develop and implement criteria for hiring PZT investigators and supervisors. The individual facilities and wardens are relieved of the responsibility of supervising PZT investigations. However, the wardens at each facility must still review PZT investigations that substantiate abuse or misconduct. The wardens at each facility must impose appropriate discipline for any substantiated abuse or misconduct. OYD must review the discipline that the wardens impose and ensure that the discipline is appropriate given the nature and severity of the abuse or misconduct.
17. In order to provide adequate and appropriate services for youth who have been identified in the LSUHSC assessment as (1) youth with IQs below 70; (2) victims of sexual abuse for whom LSUHSC has recommended treatment for sexual abuse; (3) youth adjudicated to secure care as a result of the commission of a sexual offense or youth currently diagnosed with a sexual disorder; and (4) youth currently diagnosed with a substance abuse disorder or substance dependency disorder, the State will, in consultation with LSUHSC, do the following:
A. design and implement individualized treatment plans for each youth covered in this paragraph;
B. provide appropriate programming for youth with an IQ below 70;
C. provide training to DPSC employees to implement the individualized treatment plans and programming effectively; and
D. provide continuing quality assurance to ensure that the treatment and programming is implemented properly and is achieving the desired outcomes.
18. In an effort to clarify paragraph 48 of the Juvenile Justice Agreement regarding the use of force, the parties agree to the following:
- 13 -

A. Paragraph 48(d) of the Juvenile Justice Agreement delineates the limited situations in which a staff member may use force; and
B. When a staff member uses force under paragraph 48(d), the use of force must be reasonable under the circumstances and comply with the other applicable requirements in paragraph 48.
19. A nationally recognized expert in juvenile corrections will serve as the Independent Expert. The Independent Expert will:
A. provide on-site technical assistance, and report on compliance with the remaining provisions of the Juvenile Justice Agreement and the terms of this Agreement;
B. hire qualified assistants with relevant and appropriate expertise – as determined by the Independent Expert;
C. issue written reports on a quarterly basis. The first report will cover the period ending on March 31, 2003 and will be issued by April 30, 2003. These reports will explain, in detail, the status of the State's compliance with the terms of this Agreement;
D. hold quarterly conferences with the parties so that the parties can discuss the Independent Expert's quarterly report.
20. In order to enable the Independent Expert to perform his duties, the parties agree that the Independent Expert and his staff will:
A. have reasonable access to all facilities, residents, staff, documents, videos, and any other materials that the Independent Expert needs to perform his duties.
B. be permitted to conduct confidential interviews with staff and residents at all facilities; and
C. be permitted to have ex parte communications with the parties.
- 14 -

21. The Independent Expert will evaluate the State's substantial compliance with this Agreement using three levels of compliance: primary compliance, secondary compliance, and operational compliance. The terms are defined as follows:
A. Primary compliance requires the creation of policies, procedures, rules, regulations, or directives to "comply" with the text of this Agreement;
B. Secondary compliance requires training, supervision, audit and inspection, and discipline to ensure that a specific policy is being implemented as designed; and
C. Operational compliance requires that the State has achieved both primary and secondary compliance, and that the State is following the directives in the dayto-day operations of the facilities.
22. The State’s compliance with this agreement shall be monitored by one expert selected by the DOJ and one expert selected by the State (the “Juvenile Justice Experts”). The Juvenile Justice Experts shall conduct only one compliance tour of each of Louisiana’s four secure juvenile facilities, and all such tours shall be conducted between October 1, 2003 and November 30, 2003. In addition, all reports shall be submitted by December 15, 2003. If necessary, the DOJ and private plaintiffs may spend four days at each facility. In all other respects, the Juvenile Justice compliance tours shall be conducted in accordance with guidelines set forth in paragraph 128 and 129 of the Juvenile Justice Agreement (except for the dates, which shall be controlled by this Agreement).
23. The State’s compliance with this agreement shall be monitored by Dr. Trupin, Dr. McPherson, and Dr. Peck. The Drs. shall conduct only one compliance tour of each juvenile facility, and all such tours shall be conducted between October 1, 2003 and November 30, 2003. In addition, all reports shall be submitted by December 15, 2003. One attorney from DOJ, one attorney from the private plaintiffs, and one attorney from the State may accompany Drs. Trupin and McPherson on their tours. To the extent possible, mental health compliance tours and juvenile justice tours will not be conducted concurrently. In all
- 15 -

other respects, the medical/mental health tours shall be governed by guidelines set forth in paragraphs 124-126 of the Juvenile Justice Agreement.
24. If the private plaintiffs or DOJ believe that the State has failed to substantially comply with this agreement, then they shall so notify the State in writing. The parties shall conduct good faith negotiations to resolve the dispute and may agree in writing to adopt a plan of correction or otherwise modify or extend this agreement. If the parties are unable to reach agreement within thirty days of the date on which the private plaintiffs or DOJ informed the State of their allegations of noncompliance, then the private plaintiffs, acting collectively, or DOJ may file a motion with the court to reopen the lawsuits. Notwithstanding the foregoing, JJPL shall have the right to independently move to bifurcate and reopen only the Brian B. action between December 15, 2003 and January 4, 2004 if JJPL claims that the State is not in substantial compliance with the terms of this Agreement. The State shall respond to the motion within twenty days. If the court enters an order to reopen the lawsuits, then this agreement is terminable at the discretion of the State.
25. This Agreement shall, in any event, terminate and shall be of no further effect whatsoever after January 5, 2004, unless the private plaintiffs, acting collectively, or the DOJ has moved for an order reopening or reactivating the lawsuits prior to that date. Notwithstanding the foregoing, JJPL shall have the right to independently move to bifurcate and reopen only the Brian B. action between December 15, 2003 and January 4, 2004 if JJPL claims that the State is not in substantial compliance with the terms of this Agreement. The parties consent and agree to entry of a final judgment dismissing with prejudice the lawsuits at any time on or after January 5, 2004 unless the private plaintiffs or the DOJ has moved for an order reopening or reactivating the lawsuits prior to that date.
26. The parties agree that all references to the Court Expert in paragraphs that are incorporated into this Agreement shall be deleted.
27. This Agreement is effective between the DOJ and the State immediately upon execution. This Agreement
- 16 -

is effective between the private plaintiffs and the State once the Court approves the Agreement. Simultaneously with their signing of this Agreement, counsel for the State and counsel for the private plaintiffs shall file a joint motion for preliminary approval of the Agreement under Rule 23 of the Federal Rules of Civil Procedure, and for approval of class notice. If the Court does not approve the Agreement, the private plaintiffs shall have 20 days from the date they receive actual notice of the Court's decision to move for an order reopening and reactivating the lawsuits pursuant to paragraphs 132 and 138 of the Juvenile Justice Agreement. The requirement of prior goodfaith negotiations contained in paragraph 138 shall not be a bar to any such motion. During the pendency of the Court's approval of the Agreement, the State and the private plaintiffs agree to comply with it.

FOR PRIVATE PLAINTIFFS

FOR THE DEPARTMENT OF JUSTICE Ralph F. Boyd, Jr. Assistant Attorney General
- 17 -

Civil Rights Division

____________________________ Keith Nordyke, Bar Roll 8556 June Denlinger, Bar Roll 1823 Nordyke and Denlinger Box 237 Baton Rouge, La. 70821 Tel: (225) 383-3601 Fax: (225) 383-2725
____________________________ DATE

_________________________ Steven H. Rosenbaum Chief Special Litigation Section
__________________________ Judith C. Preston Special Counsel Special Litigation Section
__________________________ Jeffrey J. Resetarits Trial Attorney Civil Rights Division Special Litigation Section 950 Pennsylvania Avenue,NW Washington, D.C. 20530 Telephone: (202) 514-6255 Fax: (202) 514-6903
_____________________ DATE

___________________________ David Utter, Bar Roll 23236 Juvenile Justice Project of Louisiana 1600 Oretha Castle Haley Blvd. New Orleans, LA 70113 Tel: (504) 522-5437 Fax: (504) 522-5430

________________________ David Dugas United States Attorney for Middle District of LA 777 Florida Street Baton Rouge, La. 70802 Tel: (225) 389-0443

___________________________ DATE

_________________________ DATE

FOR DEFENDANTS

FOR THE STATE OF LOUISIANA AND ITS

- 18 -

OFFICES, AGENCIES, AND DEPARTMENTS RICHARD P IEYOUB Attorney General for the State of Louisiana
____________________________ Richard Curry, Bar Roll 4671 M. Brent Hicks, Bar Roll 23778 McGlinchey Stafford One American Place Suite 9000 Baton Rouge, LA 70825 Telephone: (225) 383-9000 Fax: (225) 382-3725 ________________________________ DATE
- 19 -

 
 CM/ECF LIVE - U.S. District Court:lamd - Docket Report

Page 1 of 45

ATTENTION, CLOSED
U.S. District Court Middle District of Louisiana (Baton Rouge) CIVIL DOCKET FOR CASE #: 3:98-cv-00886-JJB-SCR

Robshaw, et al v. Stalder, et al Assigned to: Judge James J. Brady Referred to: Magistrate Judge Stephen C. Riedlinger Demand: $0 Case in other court: WDLA, 98-01257 Cause: 42:1983 Civil Rights Act

Date Filed: 10/19/1998 Date Terminated: 07/22/2004 Jury Demand: Defendant Nature of Suit: 440 Civil Rights: Other Jurisdiction: Federal Question

Plaintiff
Shannon Robshaw Guardian Ad Litem real party in interest Barry A real party in interest Brian B real party in interest Christopher C real party in interest Jason E real party in interest Jacob F real party in interest Jordan G real party in interest Jimmy H real party in interest Larry J real party in interest Vince M real party in interest Warren O

represented by David J. Utter Juvenile Justice Project of La 1600 Oretha Castle Haley Blvd. New Orleans, LA 70113 504-522-5437 Fax: 504-522-5430 FAX LEAD ATTORNEY ATTORNEY TO BE NOTICED
Addison Kennon Goff, III Goff & Goff P. O. Box 2050 Ruston, LA 71273-2050 318-255-1760 Fax: 318-255-7745 Email: gofffarm@aol.com ATTORNEY TO BE NOTICED
Danielle J. Lipow Southern Poverty Law Center 400 Washington Avenue Montgomery, AL 36104 334-956-8200

Gabriella Celeste 1803 Radnor Rd. Cleveland, OH 44118 216-932-3804 Fax: 216-694-7032 Email: gceleste@applewoodcenters.org ATTORNEY TO BE NOTICED

P. Scott Wolleson The Boles Law Firm

https://ecf.lamd.uscourts.gov/cgi-bin/DktRpt.pl?508092440079961-L_353_0-1

2/22/2007

CM/ECF LIVE - U.S. District Court:lamd - Docket Report

Page 2 of 45

Plaintiff Preston K
Plaintiff Stephen L

P. O. Box 2065 1818 Avenue of America Monroe, LA 71207-2065 318-388-4050 Fax: 318-998-7115 Email: scott.wolleson@boleslawfirm.com ATTORNEY TO BE NOTICED
represented by David J. Utter (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Addison Kennon Goff, III (See above for address) ATTORNEY TO BE NOTICED
Danielle J. Lipow (See above for address)
Gabriella Celeste (See above for address) ATTORNEY TO BE NOTICED
P. Scott Wolleson (See above for address) ATTORNEY TO BE NOTICED
represented by David J. Utter (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Addison Kennon Goff, III (See above for address) ATTORNEY TO BE NOTICED
Danielle J. Lipow (See above for address)
Gabriella Celeste (See above for address) ATTORNEY TO BE NOTICED
P. Scott Wolleson (See above for address) ATTORNEY TO BE NOTICED

https://ecf.lamd.uscourts.gov/cgi-bin/DktRpt.pl?508092440079961-L_353_0-1

2/22/2007

CM/ECF LIVE - U.S. District Court:lamd - Docket Report

Page 3 of 45

Plaintiff Walter N
V. Defendant Richard L. Stalder Individually and in his official capacity as Secretary LA Dept of Public Safety & Corrections
Defendant Richard Thompson Individually and in his official capacity as Director Office of Youth Development Defendant Cecil Picard Individually and in his official capacity as Superintendant LA Dept of Education Defendant Glenny Lee Buquet

represented by David J. Utter (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Addison Kennon Goff, III (See above for address) ATTORNEY TO BE NOTICED
Danielle J. Lipow (See above for address)
Gabriella Celeste (See above for address) ATTORNEY TO BE NOTICED
P. Scott Wolleson (See above for address) ATTORNEY TO BE NOTICED
represented by Richard A. Curry McGlinchey Stafford- B.R. One American Place 301 Main Street, 14th Floor Baton Rouge, LA 70825 225-383-9000 Fax: 225-343-3076 Email: rcurry@mcglinchey.com LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Richard A. Curry (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Richard A. Curry (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Richard A. Curry

https://ecf.lamd.uscourts.gov/cgi-bin/DktRpt.pl?508092440079961-L_353_0-1

2/22/2007

CM/ECF LIVE - U.S. District Court:lamd - Docket Report

Page 4 of 45

Individually and in his official capacity as President LA State Board of Elementary & Secondary Education
Defendant Lester Klotz Individually and in his official capacity as Superintendent of Special School District One TERMINATED: 02/26/1999
Defendant David Hood Individually and in his official capacity as Secretary LA Dept of Health & Hospitals
Defendant Madlyn B Bagneris Individually and in her official capacity as Secretary LA Dept of Social Services
TERMINATED: 10/21/1998
Defendant C J Oney Individually and in his official capacity as President Madison Parish School Board TERMINATED: 10/21/1998
Defendant Samuel Dixon Individually and in his official capacity as Superintendent Madison Parish Schools
Defendant City of Tallulah
Defendant Theodore Lindsay

(See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Richard A. Curry (See above for address) TERMINATED: 02/26/1999 LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Richard A. Curry (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Richard A. Curry (See above for address) TERMINATED: 10/21/1998 LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Michael L. DuBos Breithaupt, Dunn, DuBos, Shafto & Wolleson Community Trust Bank 1800 Hudson Lane, Suite 200-A Monroe, LA 71201 318-322-1202 Fax: 318-322-1984 Email: michael.dubos@boleslawfirm.com LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Michael L. DuBos (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

https://ecf.lamd.uscourts.gov/cgi-bin/DktRpt.pl?508092440079961-L_353_0-1

2/22/2007

CM/ECF LIVE - U.S. District Court:lamd - Docket Report

Page 5 of 45

Individually and in his official capacity as Mayor City of Tallulah Defendant Trans-American Development Association, Inc
Defendant James R Brown Individually and in his official capacity as President Trans-American TERMINATED: 02/26/1999

represented by Richard T. Simmons, Jr. Hailey, McNamara, Hall, Larmann & Papale Post Office Box 8288 One Galleria Blvd. Suite 1400 Metairie, LA 70001-8288 504-836-6500 Fax: 504-836-6565 FAX LEAD ATTORNEY ATTORNEY TO BE NOTICED
Frederic Theodore LeClercq Deutsch, Kerrigan & Stiles 755 Magazine St. New Orleans, LA 70130-3672 504-581-5141 Email: ted@dkslaw.com ATTORNEY TO BE NOTICED
W. Evan Plauche' Hailey, McNamara, Hall, Larmann, & Papale - MET One Galleria Blvd Suite 1400 Metairie, LA 70001 504-836-6500 Fax: 504-836-6565 FAX Email: eplauche@hmhlp.com ATTORNEY TO BE NOTICED
represented by W. Evan Plauche' (See above for address) TERMINATED: 02/26/1999 LEAD ATTORNEY ATTORNEY TO BE NOTICED
Frederic Theodore LeClercq (See above for address) TERMINATED: 02/26/1999 ATTORNEY TO BE NOTICED
Richard T. Simmons, Jr. (See above for address) TERMINATED: 02/26/1999

https://ecf.lamd.uscourts.gov/cgi-bin/DktRpt.pl?508092440079961-L_353_0-1

2/22/2007

CM/ECF LIVE - U.S. District Court:lamd - Docket Report

Page 6 of 45

Defendant
George A Fischer Individually and in his official capacity as Chairman of Trans-American TERMINATED: 10/21/1998
Defendant
Verdi Adam Individually and in his official capacity as Vice President of Trans-American TERMINATED: 10/21/1998
Defendant
Sally Saucer Individually and in her official capacity as an officer of Trans-American TERMINATED: 10/21/1998
Defendant
David Bonnette Individually and in his official capacity as Superintendant of Tallulah Correctional Center for Youth TERMINATED: 10/21/1998
Defendant
Unknown Reynolds Sergeant, Individually and in his official capacity as guard at Tallulah Correctional Center for Youth TERMINATED: 10/21/1998
Defendant
Unknown Bowie Capt, Individually and in his official capacity as guard at Tallulah Correctional Center for Youth TERMINATED: 10/21/1998
Defendant
Unknown Pops Sergeant, Individually and in his official capacity as guard at Tallulah Correctional Center for Youth TERMINATED: 10/21/1998
Defendant

ATTORNEY TO BE NOTICED

https://ecf.lamd.uscourts.gov/cgi-bin/DktRpt.pl?508092440079961-L_353_0-1

2/22/2007

CM/ECF LIVE - U.S. District Court:lamd - Docket Report
Unknown Fletcher Lt, Individually and in his official capacity as guard at Tallulah Correctional Center for Youth TERMINATED: 10/21/1998
Defendant
Unknown Johnson Sergeant, Individually and in his official capacity as guard at Tallulah Correctional Center for Youth TERMINATED: 10/21/1998
Defendant
John Johnson Individually and in his capacity as Lieutenant at Tallulah Correctional Center for Youth TERMINATED: 10/21/1998
Defendant
Tony Barber Individually and in his official capacity as Sergeant at Tallulah Correctional Center for Youth TERMINATED: 10/21/1998
Defendant
Unknown Bell Lt, Individually and in his official capacity as guard at Tallulah Correctional Center for Youth TERMINATED: 10/21/1998
Defendant
Unknown McCoy Sergeant, Individually and in his official capacity as guard at Tallulah Correctional Center for Youth TERMINATED: 10/21/1998
Defendant
Unknown Cheetah Lt, Individually and in his official capacity as guard at Tallulah Correctional Center for Youth TERMINATED: 10/21/1998
Defendant

Page 7 of 45

https://ecf.lamd.uscourts.gov/cgi-bin/DktRpt.pl?508092440079961-L_353_0-1

2/22/2007

CM/ECF LIVE - U.S. District Court:lamd - Docket Report
Unknown Jones Capt, Individually and in his official capacity as guard at Tallulah Correctional Center for Youth TERMINATED: 10/21/1998
Defendant
Ronnie White Individually and in his official capacity as Sergeant at Tallulah Correctional Center for Youth TERMINATED: 10/21/1998
Defendant
Unknown McCoy Colonel, Individually and in his official capacity as guard at Tallulah Correctional Center for Youth TERMINATED: 10/21/1998
Defendant
Unknown Robertson Sergeant, Individually and in his official capacity as guard at Tallulah Correctional Center for Youth TERMINATED: 10/21/1998
Defendant
Unknown McCall Major, Individually and in his official capacity as guard at Tallulah Correctional Center for Youth TERMINATED: 10/21/1998
Defendant
Unknown Brooks Lt, Individually and in his official capacity as guard at Tallulah Correctional Center for Youth TERMINATED: 10/21/1998
Defendant
Unknown Taylor Sergeant, Individually and in his official capacity as guard at Tallulah Correctional Center for Youth TERMINATED: 10/21/1998
Defendant

Page 8 of 45

https://ecf.lamd.uscourts.gov/cgi-bin/DktRpt.pl?508092440079961-L_353_0-1

2/22/2007

CM/ECF LIVE - U.S. District Court:lamd - Docket Report

Page 9 of 45

Theodore Lindsay Mayor of the City of Tallulah Defendant City of Tallulah
Notice Only Judith C Preston
Notice Only Warden John P Whitley
Notice Only Jeffrey Resetarits TERMINATED: 12/13/2005
Notice Only Constance Koury
Notice Only Keith Nordyke

represented by Michael L. DuBos (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Michael L. DuBos (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Judith C Preston Civil Rights Division Section U.S. Department of Justice 950 Pennsylvania Avenue, N.W. SPL, 601 D. Street Washington, DC 20530-6400 202-514-6258 PRO SE
represented by John P Whitley Court Appointed Expert P. O. Box 760 Denham Springs, LA 70727-0760 225-342-9880 Fax: 664-1637 ATTORNEY TO BE NOTICED
represented by Jeffrey Resetarits U.S. Department of Justice 950 Pennsylvania Avenue Special Litigation Section, Room 5915 Washington, DC 20004 PRO SE
represented by Constance Koury 1246 Stephens Avenue Baton Rouge, LA 70808-9004 225-405-6800 Fax: 389-9802 PRO SE
represented by Keith Nordyke Nordyke & Denlinger P.O. Box 237

https://ecf.lamd.uscourts.gov/cgi-bin/DktRpt.pl?508092440079961-L_353_0-1

2/22/2007

CM/ECF LIVE - U.S. District Court:lamd - Docket Report

Page 10 of 45

Notice Only Melanie Fields
Notice Only Richard Sherburne, Jr
Notice Only Fortune Glasse
V. Interested Party United States of America

Baton Rouge, LA 70821 225-383-1601 PRO SE
represented by Melanie Fields Nordyke & Denlinger P.O. Box 237 Baton Rouge, LA 70821 225-383-1601 PRO SE
represented by Richard Sherburne, Jr LA Dept of Justice Litigation Division P.O. Box 91279 Baton Rouge, LA 70821 PRO SE
represented by Fortune Glasse Department of Justice Civil Rights Division 950 Pennsylvania Avenue, N.W. SPL, 601 D. Street Washington, DC 20530 202-305-3229 PRO SE
represented by James L. Nelson United States Attorney's Office - BR Middle District of Louisiana 777 Florida Street, Suite 208 Baton Rouge, LA 70801 225-389-0443 Fax: 225-389-0561 Email: USALAM.ECF@usdoj.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED
John Joseph Gaupp United States Attorney's Office - BR Middle District of Louisiana 777 Florida Street, Suite 208 Baton Rouge, LA 70801

https://ecf.lamd.uscourts.gov/cgi-bin/DktRpt.pl?508092440079961-L_353_0-1

2/22/2007

CM/ECF LIVE - U.S. District Court:lamd - Docket Report

Page 11 of 45

Defendant Gary Gremillion Superintendent of Tallulah Correctional Center for Youth
Defendant Madison Parish School Board
Defendant Correctional Services Corporation

225-389-0443 Fax: 225-389-0685 Email: USALAM.ECF@usdoj.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED
Fortune A. Glasse U.S. Department of Justice - Civil Rights Division 950 Pennsylvania Avenue, N.W. SPL, 601 D Street Washington, DC 20530 202-305-3229
Mark F. Daly U.S. Department of Justice - Civil Rights Division 950 Pennsylvania Avenue, N.W. PHB Rm 5020 Washington, DC 20530 202-305-2928 TERMINATED: 12/13/2005 ATTORNEY TO BE NOTICED
represented by Ann M. Halphen Adams & Reese, LP-BR 450 Laurel Street Suite 1900 Baton Rouge, LA 70801 225-336-5200 Email: ann.halphen@arlaw.com TERMINATED: 09/25/2000 LEAD ATTORNEY ATTORNEY TO BE NOTICED
Daniel Joseph Balhoff Perry, Atkinson, Balhoff, Mengis & Burns, LLC P. O. Box 83260 2141 Quail Run Drive Baton Rouge, LA 70884-3260

https://ecf.lamd.uscourts.gov/cgi-bin/DktRpt.pl?508092440079961-L_353_0-1

2/22/2007

CM/ECF LIVE - U.S. District Court:lamd - Docket Report

Page 12 of 45

Defendant
FBA, L.L.C. a Louisiana limited Liability Company

225-767-7730 Fax: 225-767-7967 Email: balhoff@pabmb.com LEAD ATTORNEY ATTORNEY TO BE NOTICED
Amy Collier Lambert Adams & Reese - BR 450 Laurel Street Suite 1900 Baton Rouge, LA 70801 225-336-5200 Fax: 336-5220 Email: amy.lambert@arlaw.com ATTORNEY TO BE NOTICED
Donald T. W. Phelps Adams & Reese, LP-BR 450 Laurel Street Suite 1900 Baton Rouge, LA 70801 225-336-5200 TERMINATED: 02/25/2004
John W. Perry, Jr. Perry, Atkinson, Balhoff, Mengis & Burns, LLC P. O. Box 83260 2141 Quail Run Drive Baton Rouge, LA 70884-3260 225-767-7730 Fax: 767-7967 Email: perry@pabmb.com ATTORNEY TO BE NOTICED
represented by Fredrick R. Tulley Taylor, Porter, Brooks & Phillips P. O. Box 2471 Baton Rouge, LA 70821 225-387-3221 Fax: 225-346-8049 Email: fred.tulley@taylorporter.com LEAD ATTORNEY ATTORNEY TO BE NOTICED
Margaret L. Tooke Taylor, Porter, Brooks & Phillips P. O. Box 2471 Baton Rouge, LA 70821

https://ecf.lamd.uscourts.gov/cgi-bin/DktRpt.pl?508092440079961-L_353_0-1

2/22/2007

CM/ECF LIVE - U.S. District Court:lamd - Docket Report

Page 13 of 45

ThirdParty Plaintiff Richard L. Stalder
V. ThirdParty Defendant Trans-American Development Association, Inc ThirdParty Defendant Correctional Services Corporation TERMINATED: 12/09/2005
Cross Claimant Richard L. Stalder
V. Cross Defendant Trans-American Development Association, Inc
Cross Defendant Correctional Services Corporation TERMINATED: 12/09/2005

225-387-3221 Fax: 346-8049 Email: margaret.tooke@taylorporter.com ATTORNEY TO BE NOTICED
represented by Richard A. Curry (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Daniel Joseph Balhoff (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Richard A. Curry (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Richard T. Simmons, Jr. (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Frederic Theodore LeClercq (See above for address) ATTORNEY TO BE NOTICED
W. Evan Plauche' (See above for address) ATTORNEY TO BE NOTICED
represented by Ann M. Halphen (See above for address)

https://ecf.lamd.uscourts.gov/cgi-bin/DktRpt.pl?508092440079961-L_353_0-1

2/22/2007

CM/ECF LIVE - U.S. District Court:lamd - Docket Report

Page 14 of 45

Cross Claimant Correctional Services Corporation TERMINATED: 12/09/2005
V. Cross Defendant Richard L. Stalder TERMINATED: 12/09/2005 ThirdParty Plaintiff

TERMINATED: 09/25/2000 LEAD ATTORNEY ATTORNEY TO BE NOTICED
Daniel Joseph Balhoff (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Amy Collier Lambert (See above for address) ATTORNEY TO BE NOTICED
Donald T. W. Phelps (See above for address) TERMINATED: 02/25/2004
John W. Perry, Jr. (See above for address) ATTORNEY TO BE NOTICED
represented by Ann M. Halphen (See above for address) TERMINATED: 09/25/2000 LEAD ATTORNEY ATTORNEY TO BE NOTICED
Amy Collier Lambert (See above for address) ATTORNEY TO BE NOTICED
Donald T. W. Phelps (See above for address) TERMINATED: 02/25/2004
Daniel Joseph Balhoff (See above for address) ATTORNEY TO BE NOTICED
represented by Richard A. Curry (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

https://ecf.lamd.uscourts.gov/cgi-bin/DktRpt.pl?508092440079961-L_353_0-1

2/22/2007

CM/ECF LIVE - U.S. District Court:lamd - Docket Report

Page 15 of 45

Correctional Services Corporation TERMINATED: 12/09/2005
V. ThirdParty Defendant Correctional Services Corporation TERMINATED: 12/09/2005 ThirdParty Defendant Richard L. Stalder TERMINATED: 12/09/2005

represented by Ann M. Halphen (See above for address) TERMINATED: 09/25/2000 LEAD ATTORNEY ATTORNEY TO BE NOTICED
Amy Collier Lambert (See above for address) ATTORNEY TO BE NOTICED
Donald T. W. Phelps (See above for address) TERMINATED: 02/25/2004
Daniel Joseph Balhoff (See above for address) ATTORNEY TO BE NOTICED
represented by Daniel Joseph Balhoff (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Date Filed 07/09/1998
07/09/1998 10/19/1998 10/19/1998 10/21/1998 10/21/1998 10/21/1998

#

Docket Text

MOTION by Shannon Robshaw, Preston K, Stephen L, Walter N to Certify Class (doc # 3 in WDLA) (bw) Modified on 03/16/1999 (Entered: 10/21/1998)

MOTION by Shannon Robshaw, Preston K, Stephen L, Walter N to proceed in pseudonym (doc # 5 in WDLA) (bw) (Entered: 10/21/1998)

1 Original file, certified copy of transfer order and docket sheet received from WDLA (bw) (Entered: 10/20/1998)

Set magistrate assignment. (bw) (Entered: 10/20/1998)

2 MOTION by Shannon Robshaw, Preston K, Stephen L, Walter N for Leave to File Amended Complaint (bw) (Entered: 10/21/1998)

47 holding Amended Complaint (bw) Modified on 11/23/1998 (Entered: 10/21/1998)

3 ORDER granting [2-1] motion for Leave to File Amended Complaint by

https://ecf.lamd.uscourts.gov/cgi-bin/DktRpt.pl?508092440079961-L_353_0-1

2/22/2007

CM/ECF LIVE - U.S. District Court:lamd - Docket Report

Page 16 of 45

10/21/1998 10/22/1998 10/27/1998
11/05/1998 11/05/1998 11/05/1998 11/05/1998 11/05/1998 11/05/1998

Walter N, Stephen L, Preston K, Shannon Robshaw ( signed by Chief Judge Frank J. Polozola ), issued notices. (bw) (Entered: 10/21/1998)
4 AMENDED COMPLAINT by Shannon Robshaw, Preston K, Stephen L, Walter N amending adding Shannon Robshaw, as Next Friend, for Warren O., and adding Gary Gremillion, Madison Parish School Board (bw) (Entered: 10/23/1998)
SUMMONS(ES) issued for Samuel Dixon, City of Tallulah, Theodore Lindsay, Trans-American Dev, James R Brown, Gary Gremillion, Madison Parish Sch . Service deadline set for 11/5/98 (bw) (Entered: 10/27/1998)
5 SUMMONS Returned Executed as to C J Oney, City of Tallulah, Theodore Lindsay, Trans-American Dev, James R Brown, Gary Gremillion, Madison Parish Sch 10/22/98 Answer due on 11/12/98 for Madison Parish Sch, for Gary Gremillion, for Unknown Taylor, for Unknown Brooks, for Unknown McCall, for Unknown Robertson, for Unknown McCoy, for Ronnie White, for Unknown Jones, for Unknown Cheetah, for Unknown McCoy, for Unknown Bell, for Tony Barber, for John Johnson, for Unknown Johnson, for Unknown Fletcher, for Unknown Pops, for Unknown Bowie, for Unknown Reynolds, for David Bonnette, for Sally Saucer, for Verdi Adam, for George A Fischer, for James R Brown, for Trans-American Dev, for Theodore Lindsay, for City of Tallulah, for Samuel Dixon, for C J Oney, for Madlyn B Bagneris, for David Hood, for Lester Klotz, for Glenny Lee Buquet, for Cecil Picard, for Richard Thompson, for Richard L. Stalder (elp) (Entered: 10/28/1998)
11 PLAINTIFF'S Discovery Plan (hcj) (Entered: 11/10/1998)
14 MOTION by Richard L. Stalder, Richard Thompson, Cecil Picard, Glenny Lee Buquet, Lester Klotz, David Hood, Gary Gremillion to Continue trial and to rescind trial preparation and discovery deadlines (hcj) (Entered: 11/10/1998)
15 MOTION by Richard L. Stalder, Richard Thompson, Cecil Picard, Glenny Lee Buquet, Lester Klotz, David Hood, Gary Gremillion for More Definite Statement (hcj) (Entered: 11/10/1998)
16 MEMORANDUM by Richard L. Stalder, Richard Thompson, Cecil Picard, Glenny Lee Buquet, Lester Klotz, David Hood, Gary Gremillion in support of [6-1] motion for More Definite Statement by TransAmerican Dev (hcj) (Entered: 11/10/1998)
17 RESPONSE by Shannon Robshaw, Preston K, Stephen L, Walter N in opposition to [14-1] motion to Continue trial by defendant, [14-2] motion to rescind trial preparation and discovery deadlines by defendant (hcj) (Entered: 11/10/1998)
18 MOTION by Richard L. Stalder, Richard Thompson, Cecil Picard, Glenny Lee Buquet, Lester Klotz, David Hood, Gary Gremillion to Extend Time to respond to amended complaint and three motions (hcj)

https://ecf.lamd.uscourts.gov/cgi-bin/DktRpt.pl?508092440079961-L_353_0-1

2/22/2007

CM/ECF LIVE - U.S. District Court:lamd - Docket Report

Page 17 of 45

11/06/1998
11/06/1998 11/06/1998 11/06/1998 11/06/1998 11/09/1998 11/09/1998 11/10/1998
11/10/1998
11/10/1998 11/13/1998
11/17/1998 11/17/1998 11/17/1998

(Entered: 11/10/1998)
6 MOTION by Trans-American Dev (Attorney Frederic Theodore Le Clercq, W. Evan Plauche', Richard T. Simmons Jr.) for More Definite Statement (attorney will submit corrected notice of hearing) (bw) (Entered: 11/09/1998)
7 MEMORANDUM by Trans-American Dev in support of [6-1] motion for More Definite Statement by Trans-American Dev (bw) (Entered: 11/09/1998)
13 ORDER, the Motion to continue trial and discovery deadlines will be discusses at the Pretrial Conference set for 11/19/98 ( signed by Chief Judge Frank J. Polozola ), issued notices. (hcj) (Entered: 11/12/1998)
19 ORDER . . . The Motion for more definite statement will be discussed at the pretrial conference set for 11/19/98 ( signed by Chief Judge Frank J. Polozola ), issued notices. (hcj) (Entered: 11/12/1998)
20 ORDER granting [18-1] motion to Extend Time to respond to amended complaint and three motions by defendant ( signed by Chief Judge Frank J. Polozola ), issued notices. (hcj) (Entered: 11/12/1998)
8 NOTICE of Hearing: Motion Hearing set for 9:00 1/8/99 for [6-1] motion for More Definite Statement (bw) (Entered: 11/09/1998)
9 MOTION and MEMORANDUM IN SUPPORT by Trans-American Dev for Expedited Hearing on their motion for a more definite statement (bw) (Entered: 11/09/1998)
10 ORDER denying as moot [9-1] motion for Expedited Hearing by TransAmerican Dev...The Court will issue a written ruling on the motion for a more definite statement. ( signed by Chief Judge Frank J. Polozola ), issued notices. (bw) (Entered: 11/10/1998)
12 ORDER denying [6-1] motion for More Definite Statement by TransAmerican Dev; denying as moot [9-1] motion for Expedited Hearing by Trans-American Dev ( signed by Chief Judge J. Polozola ), issued notices. (bw) (Entered: 11/10/1998)
Status Conference held (hcj) (Entered: 11/16/1998)
21 Minute entry: Status Conference held. It is ordered that on or before 11/17/98, the parties shall submit to the Court a report which clarifies the issues upon which a consensus has be reached. ... set Notice of Compliance deadline to 11/17/98 ( signed by Chief Judge Frank J. Polozola ) ,issued notices (hcj) (Entered: 11/16/1998)
22 MOTION by Trans-American Dev, James R Brown (Attorney ) to Continue Trial (elp) (Entered: 11/18/1998)
23 NOTICE of Hearing: Motion Hearing set for 9:00 1/22/99 for [22-1] motion to Continue Trial , issued notices. (elp) (Entered: 11/18/1998)
24 MEMORANDUM by Trans-American Dev, James R Brown in support

https://ecf.lamd.uscourts.gov/cgi-bin/DktRpt.pl?508092440079961-L_353_0-1

2/22/2007

CM/ECF LIVE - U.S. District Court:lamd - Docket Report

Page 18 of 45

11/17/1998 11/17/1998 11/17/1998 11/17/1998
11/17/1998 11/17/1998 11/17/1998 11/17/1998 11/17/1998 11/17/1998
11/17/1998 11/17/1998 11/17/1998
11/18/1998

of [22-1] motion to Continue Trial by James R Brown, Trans-American Dev (elp) (Entered: 11/18/1998)
25 MOTION by Trans-American Dev, James R Brown (Attorney ) for Expedited Hearing on Motion to Continue Trial (elp) (Entered: 11/18/1998)
26 NOTICE of Memorandum of Issues and Contentions by Trans-American Dev, James R Brown (elp) (Entered: 11/18/1998)
27 RESPONSE by Trans-American Dev, James R Brown in opposition to Plaintiff's Discovery Plan (elp) (Entered: 11/18/1998)
28 MOTION by Richard L. Stalder, Richard Thompson, Cecil Picard, Glenny Lee Buquet, Lester Klotz, David Hood, Gary Gremillion to file statement under seal ( document submitted underseal for filing) (hcj) Modified on 11/18/1998 (Entered: 11/18/1998)
29 RESPONSE by Shannon Robshaw, Preston K, Stephen L, Walter N in support of [21-1] order (bw) (Entered: 11/18/1998)
30 MOTION by Shannon Robshaw, Preston K, Stephen L, Walter N for Protective Order ( Motion Hearing set for 9:00 1/22/99 ) (bw) (Entered: 11/18/1998)
31 MEMORANDUM by Shannon Robshaw, Preston K, Stephen L, Walter N in support of [30-1] motion for Protective Order by Walter N, Stephen L, Preston K, Shannon Robshaw (bw) (Entered: 11/18/1998)
32 RESPONSE by Williams pltf's to Court's November 10. 1998 [10-1] order (hcj) (Entered: 11/18/1998)
33 RESPONSE by Richard L. Stalder, Richard Thompson, Cecil Picard, Glenny Lee Buquet, Lester Klotz, David Hood, Gary Gremillion to Pltf's Discovery Plan submitted on 10/29/98 (hcj) (Entered: 11/18/1998)
34 MEMORANDUM by Richard L. Stalder, Richard Thompson, Cecil Picard, Glenny Lee Buquet, Lester Klotz, David Hood, Gary Gremillion in opposition to Motion to Consolidate filed in CA 98-947 (hcj) (Entered: 11/18/1998)
holding "Attachment: to be filed under seal" (bw) (Entered: 11/18/1998)
35 MOTION by Shannon Robshaw, Preston K, Stephen L, Walter N for Expedited Hearing on Motion for Protective Order (bw) (Entered: 11/18/1998)
36 MOTION by Richard L. Stalder, Richard Thompson, Cecil Picard, Glenny Lee Buquet, Lester Klotz, David Hood, Gary Gremillion for Leave to File Response to the Court's order of 11/10/98 under seal (submitted for filing (hcj) (Entered: 11/18/1998)
37 UNOPPOSED MOTION AND MEMORANDUM IN SUPPORT by Trans-American Dev, James R Brown (Attorney Richard T. Simmon Jr., Frederic Theodore Le Clercq, W. Evan Plauche') to Extend Time to File

https://ecf.lamd.uscourts.gov/cgi-bin/DktRpt.pl?508092440079961-L_353_0-1

2/22/2007

CM/ECF LIVE - U.S. District Court:lamd - Docket Report

Page 19 of 45

11/19/1998 11/19/1998 11/19/1998 11/19/1998 11/19/1998 11/19/1998
11/19/1998 11/20/1998
11/20/1998
11/20/1998 11/20/1998
11/20/1998 11/20/1998 11/24/1998

Opposition to Pla's Preliminary Motions (bw) (Entered: 11/18/1998)
38 ORDER granting [36-1] motion for Leave to File Response to the Court's order of 11/10/98 under seal by defendant ( signed by Chief Judge Frank J. Polozola ), issued notices. (hcj) (Entered: 11/19/1998)
39 STATEMENT of Issues and Contentions (UNDERSEAL) (hcj) (Entered: 11/19/1998)
40 LETTER dated 11/18/98 TO: Judith Preston FROM: Richard Curry RE: Exhibits to Memorandum of Issues and Contentions (hcj) (Entered: 11/20/1998)
41 EXHIBIT(S) UNDERSEAL to [39-1] Statement of Issues and Contentions (hcj) (Entered: 11/20/1998)
42 LETTER dated 11/12/98 TO: Judge Polozola FROM: Richard Curry RE: Memo in support of Motion to Continue Trial and Discovery Deadlines (hcj) (Entered: 11/20/1998)
43 MEMORANDUM by Richard L. Stalder, Richard Thompson, Cecil Picard, Glenny Lee Buquet, Lester Klotz, David Hood, Gary Gremillion in support of [14-1] motion to Continue trial by defendant (hcj) (Entered: 11/20/1998)
Status Conference held (hcj) (Entered: 11/24/1998)
44 ORDER denying [25-1] motion for Expedited Hearing on Motion to Continue Trial by James R Brown, Trans-American Dev ( signed by Chief Judge Frank J. Polozola ), issued notices. (hcj) (Entered: 11/20/1998)
45 ORDER granting [35-1] motion for Expedited Hearing by Walter N, Stephen L, Preston K, Shannon Robshaw, Motion Hearing set for 11/19/98 for [30-1] motion for Protective Order ( signed by Chief Judge Frank J. Polozola ), issued notices. (hcj) (Entered: 11/20/1998)
46 PROTECTIVE ORDER . . . granting [30-1] motion for Protective Order by Walter N, Stephen L, Preston K, Shannon Robshaw ( signed by Chief Judge Frank J. Polozola ), issued notices. (hcj) (Entered: 11/20/1998)
47 ORDER denied as moot [37-1] motion to Extend Time by James R Brown, Trans-American Dev. The Court has set the motion for class certification for hearing and has ruled on the other matters. ( signed by Chief Judge Frank J. Polozola ), issued notices. (hcj) Modified on 11/23/1998 (Entered: 11/20/1998)
48 SCHEDULING ORDER setting Status conference by 10:00 12/22/98 before magistrate judge. See order for deadlines. ( signed by Mag. Judge Stephen C. Riedlinger ), issued notices. (hcj) (Entered: 11/24/1998)
66 SEALED DOCUMENT (see Order, doc. #46) entitled "Plaintiffs' Identities and Pseudonyms" (bw) (Entered: 12/09/1998)
49 Minute entry: Status conference held on 11/19/98. Denying [14-1]

https://ecf.lamd.uscourts.gov/cgi-bin/DktRpt.pl?508092440079961-L_353_0-1

2/22/2007

CM/ECF LIVE - U.S. District Court:lamd - Docket Report

Page 20 of 45

11/25/1998 11/30/1998 11/30/1998 11/30/1998 11/30/1998 11/30/1998 12/01/1998
12/01/1998 12/01/1998 12/02/1998
12/03/1998

motion to Continue trial by defendant, denying [14-2] motion to rescind trial preparation and discovery deadlines by defendant, reset Bench Trial for 9:00 2/22/99 , Motion Hearing set for 9:00 12/7/98 for [0-1] motion to Certify Class ( signed by Chief Judge Frank J. Polozola ) ,issued notices (hcj) (Entered: 11/24/1998)
50 MOTION by Shannon Robshaw, Preston K, Stephen L, Walter N for Expedited Hearing on Motions filed with original complaint (elp) (Entered: 11/30/1998)
51 MEMORANDUM by Trans-American Dev in opposition to [0-1] motion to Certify Class by Walter N, Stephen L, Preston K, Shannon Robshaw (hcj) (Entered: 11/30/1998)
51 RESPONSE by Trans-American Dev to [48-1] Scheduling order to file witness list and exhibit lists (hcj) (Entered: 11/30/1998)
51 MOTION by Trans-American Dev for continuance of class certification hearing (hcj) (Entered: 11/30/1998)
52 Proposed pre-trial order received from Shannon Robshaw, Preston K, Stephen L, Walter N (bw) (Entered: 11/30/1998)
54 MEMORANDUM by Richard L. Stalder, Richard Thompson, Cecil Picard, Glenny Lee Buquet, Lester Klotz, David Hood, Gary Gremillion in opposition to [0-1] motion to Certify Class by Walter N, Stephen L, Preston K, Shannon Robshaw (hcj) (Entered: 12/01/1998)
53 ORDER granting [50-1] motion for Expedited Hearing on Motions filed with original complaint by Walter N, Stephen L, Preston K, Shannon Robshaw; Motion Hearing set for 9:00 12/7/98 for [0-1] motion to proceed in pseudonym, set for 9:00 12/7/98 for [0-1] motion to Certify Class set for 9:00 12/7/98 for motion for appointment of guardian ad litem ( signed by Chief Judge Frank J. Polozola ), issued notices. (bw) (Entered: 12/01/1998)
55 NOTICE TO COUNSEL . . . re: Scheduling Order ( signed by Mag. Judge Stephen C. Riedlinger ), issued notices. (hcj) (Entered: 12/01/1998)
Tele-conference held (hcj) (Entered: 12/02/1998)
56 RULING on Discovery Disputes The court ruled that the scope of the juvenile offender pltfs/withness depositions is not restricted to any specific event(s) identified i the pltfs' possible withness lists. The court ruled that the pltfs need not supplemetn teir contentions at this time. Dfts discovery requests and the pltfs lists of contentions will be compared.. The court wil issue an order requiring supplementation. ( signed by Mag. Judge Stephen C. Riedlinger ), issued notices. (hcj) (Entered: 12/02/1998)
57 ORDER . . It is ordered that CA 97-665-B-M1, CA 98-886-B-M1, and CA 98-947-B-M1 arte consolidated for purposes of pre-trial and trial matters. ( signed by Chief Judge Frank J. Polozola ), issued notices. (hcj)

https://ecf.lamd.uscourts.gov/cgi-bin/DktRpt.pl?508092440079961-L_353_0-1

2/22/2007

CM/ECF LIVE - U.S. District Court:lamd - Docket Report

Page 21 of 45

12/04/1998 12/04/1998 12/04/1998
12/04/1998 12/07/1998 12/07/1998
12/07/1998 12/07/1998
12/07/1998 12/07/1998 12/07/1998 12/07/1998 12/08/1998

(Entered: 12/03/1998)
58 ORDER denying [51-1] motion for continuance of class certification hearing by Trans-American Dev ( signed by Chief Judge Frank J. Polozola ), issued notices. (hcj) (Entered: 12/04/1998)
59 MOTION by Shannon Robshaw, Preston K, Stephen L, Walter N for Leave to File Reply to Dft's Opposition of Class Certification (bw) (Entered: 12/07/1998)
60 MEMORANDUM by Shannon Robshaw, Preston K, Stephen L, Walter N in support of [59-1] motion for Leave to File Reply to Dft's Opposition of Class Certification by Walter N, Stephen L, Preston K, Shannon Robshaw (bw) (Entered: 12/07/1998)
holding Pla's Reply memo in Support of their Motion for Class Certification (bw) (Entered: 12/07/1998)
61 MEMORANDUM in opposition by USA to [0-1] motion to Certify Class by Walter N, Stephen L, Preston K, Shannon Robshaw (hcj) (Entered: 12/09/1998)
62 SUPPLEMENTAL RULING . . . the 12/2/98 ruling is maintained. Institution staff members may be questioned by the pltfs' experts to obtain information such as directions, the location of records, and the location of juvenile offenders for the purpose of conferring with these offenders during the inspection. ( signed by Mag. Judge Stephen C. Riedlinger ), issued notices. (hcj) (Entered: 12/09/1998)
63 MOTION by USA for Protective Order (hcj) (Entered: 12/09/1998)
64 ORDER granting [63-1] motion for Protective Order . . .TCCY and TADA permit iinspection and copying of personnel records of past and present employees of TCCy and TADA. ( signed by Mag. Judge Stephen C. Riedlinger ), issued notices. (hcj) (Entered: 12/09/1998)
65 ORDER [63-1] motion for Protective Order referred to Mag. Judge Stephen C. Riedlinger ( signed by Chief Judge Frank J. Polozola ), issued notices. (hcj) (Entered: 12/09/1998)
69 CONTENTIONS of Plaintiffs (71-98 Williams v McKeithen) (hcj) (Entered: 12/09/1998)
70 Plaintifss Contentions by an Brian B. pltfs et al (hcj) (Entered: 12/09/1998)
Motion hearing held re: [0-1] motion to Certify Class by Walter N, Stephen L, Preston K, Shannon Robshaw (hcj) Modified on 12/10/1998 (Entered: 12/10/1998)
67 ORDER, Vacating [64-1] order permitting inspection and copying of personnel records of past and present employees of TCCY and TADA. ( signed by Chief Judge Frank J. Polozola ), issued notices. (hcj) (Entered: 12/09/1998)

https://ecf.lamd.uscourts.gov/cgi-bin/DktRpt.pl?508092440079961-L_353_0-1

2/22/2007

CM/ECF LIVE - U.S. District Court:lamd - Docket Report

Page 22 of 45

12/08/1998 12/08/1998 12/08/1998 12/08/1998 12/08/1998
12/09/1998
12/09/1998 12/09/1998
12/09/1998 12/09/1998
12/09/1998 12/10/1998 12/23/1998
01/05/1999 01/08/1999

68 Witness list by Trans-American Dev (hcj) (Entered: 12/09/1998)
68 Exhibit list by Trans-American Dev (hcj) (Entered: 12/09/1998)
68 RESPONSE by Trans-American Dev in opposition to [48-1] Scheduling order (hcj) (Entered: 12/09/1998)
71 Witness list by William Class (hcj) (Entered: 12/09/1998)
75 MOTION by Trans-American Dev (Attorney ) for Leave to File Supplemental Opposition to the US Memorandum of Law concering te ability of experts to interview staff during facility tours (not submitted for filing) (hcj) Modified on 12/10/1998 (Entered: 12/10/1998)
72 ORDER granting [59-1] motion for Leave to File Reply to Dft's Opposition of Class Certification by Walter N, Stephen L, Preston K, Shannon Robshaw ( signed by Chief Judge Frank J. Polozola ), issued notices. (hcj) (Entered: 12/09/1998)
73 REPLY Memorandum by Shannon Robshaw, Preston K, Stephen L, Walter N in support of [0-1] motion to Certify Class by Walter N, Stephen L, Preston K, Shannon Robshaw (hcj) (Entered: 12/09/1998)
74 Minute entry: The motion for Class Certification shall be with held, and the Brian B. Case shall be administratively closed. Counsel for pltfs in Brian B shall be enrolled as co-counsel for the class of juvenile pltfs Hayes Williams/Tallulah. The pltfs in Brian B. may seek to reopen the Brian B. case and re-urge the Motion for class Certification , as need. ( signed by Chief Judge Frank J. Polozola ) ,issued notices (hcj) (Entered: 12/10/1998)
Statistical Case Closing (hcj) (Entered: 12/10/1998)
76 ORDER granting [75-1] motion for Leave to File Supplemental Opposition to the US Memorandum of Law concering te ability of experts to interview staff during facility tours by Trans-American Dev ( signed by Chief Judge Frank J. Polozola ), issued notices. (hcj) (Entered: 12/10/1998)
77 NOTICE by U.S.A. to take deposition of: See list of deponents listed in attached exhibit A (hcj) (Entered: 12/10/1998)
82 ANSWER to Complaint by C J Oney, Samuel Dixon (Attorney Michael L. DuBos), (hcj) Modified on 01/14/1999 (Entered: 01/14/1999)
78 RESPONSE by Trans-American Dev, James R Brown in opposition to [75-1] motion for Leave to File Supplemental Opposition to the US Memorandum of Law concering te ability of experts to interview staff during facility tours by Trans-American Dev (hcj) (Entered: 12/28/1998)
79 LETTER dated 12/23/98 TO: Judge Polozola FROM: Michael L Dubos RE: Answer filed by Madison Parish School Board (hcj) Modified on 02/01/1999 (Entered: 01/07/1999)
80 LETTER dated 12/23/98 TO: Judge Polozola FROM: Michael Dubos

https://ecf.lamd.uscourts.gov/cgi-bin/DktRpt.pl?508092440079961-L_353_0-1

2/22/2007

CM/ECF LIVE - U.S. District Court:lamd - Docket Report

Page 23 of 45

01/08/1999 01/21/1999 02/05/1999 02/05/1999 02/05/1999 02/05/1999 02/11/1999
02/11/1999 02/11/1999 02/11/1999 02/12/1999
02/12/1999

RE: Answer filed by Madison Parish School Board (hcj) (Entered: 01/08/1999)
81 LETTER dated 1/7/99 TO: Judge Polozola FROM: Michael Dubos RE: Telephone status conference scheduled for 1/14/99 @ 2:00 p.m. (hcj) (Entered: 01/08/1999)
83 LETTER dated 1/7/99 TO: Judge Polozola FROM: Michael DuBos RE: Telephone Status Conference (hcj) (Entered: 01/26/1999)
84 MEMORANDUM by pltfs Shannon Robshaw, Preston K, Stephen L, Walter N in opposition to [63-1] motion for Protective Order (hcj) (Entered: 02/08/1999)
85 MOTION by pltfs Shannon Robshaw, Preston K, Stephen L, Walter N to reopen Brian B. Case ( Motion Hearing set for 9:00 3/19/99 ) (hcj) (Entered: 02/08/1999)
86 MEMORANDUM by Shannon Robshaw in support of [85-1] motion to reopen Brian B. Case by Walter N, Stephen L, Preston K, Shannon Robshaw (hcj) (Entered: 02/08/1999)
87 MOTION by Shannon Robshaw, Preston K, Stephen L, Walter N for Expedited Hearing on [85-1] motion to reopen Brian B. Case by Walter N, Stephen L, Preston K, Shannon Robshaw (hcj) (Entered: 02/08/1999)
88 ORDER granting [85-1] motion to reopen Brian B. Case by Walter N, Stephen L, Preston K, Shannon Robshaw. The parties have until 2/23/99 to advise the court whether a hearing on the motion to certify as a class action is required. set Notice of Compliance deadline to 2/23/99 ( signed by Chief Judge Frank J. Polozola ), issued notices. (hcj) (Entered: 02/11/1999)
Case reopened (hcj) (Entered: 02/11/1999)
90 MOTION by U.S.A. to Extend Time to respond to the State Dfts Motion in Limine to Exclude Expert Witnesses and Reports (hcj) (Entered: 02/18/1999)
91 MEMORANDUM in support of [90-1] motion to Extend Time to respond to the State Dfts Motion in Limine to Exclude Expert Witnesses and Reports (hcj) (Entered: 02/18/1999)
89 ORDER ... the status conference tentatively fixed for 2/17 or 18/99, will be held on 2/16/99. set Status Conference for 9:00 2/16/99 ( signed by Mag. Judge Stephen C. Riedlinger ), issued notices. (hcj) (Entered: 02/12/1999)
97 MEMORANDUM by Preston K, Stephen L, Walter N, Richard L. Stalder, Richard Thompson, Cecil Picard, Glenny Lee Buquet, Lester Klotz in support of [96-1] motion for Protective Order to respond to Interrogatories and Request for Production of documents by defendant, plaintiff (hcj) (Entered: 02/22/1999)

https://ecf.lamd.uscourts.gov/cgi-bin/DktRpt.pl?508092440079961-L_353_0-1

2/22/2007

CM/ECF LIVE - U.S. District Court:lamd - Docket Report

Page 24 of 45

02/12/1999 02/16/1999 02/16/1999 02/16/1999 02/18/1999 02/18/1999 02/18/1999 02/18/1999 02/22/1999
02/22/1999

98 MOTION by Preston K, Stephen L, Walter N, Richard L. Stalder, Richard Thompson, Cecil Picard, Glenny Lee Buquet, Lester Klotz (Attorney ) for Expedited Hearing on [96-1] motion for Protective Order to respond to Interrogatories and Request for Production of documents by defendants, plaintiff (hcj) (Entered: 02/22/1999)
92 ORDER granting [90-1] motion to Extend Time to respond to the State Dfts Motion in Limine to Exclude Expert Witnesses and Reports be extended pending further orders from the Court. ( signed by Chief Judge Frank J. Polozola ), issued notices. (hcj) (Entered: 02/18/1999)
Status Conference held (hcj) (Entered: 02/19/1999)
99 MOTION by Trans-American Dev and James Brown for Protective Order and incorporated memorandum in support ( Motion Hearing set for 9:00 3/19/99 ) (hcj) Modified on 02/22/1999 (Entered: 02/22/1999)
93 Minute entry: Status conference was held on 2/16/99. Discovery and pretrial preparation will continue per the schedule previously set forth by Maag. Judge Riedlinger. ( signed by Chief Judge Frank J. Polozola ) ,issued notices (hcj) (Entered: 02/19/1999)
94 Minute entry: Oral argument held on 2/16/99. The motion for protective order filed by State Defendants an trans-American Development Assoc. is denied. Responses to request for admissions #39 through #420 are due 3/12/99. set Discovery deadline to 3/12/99 ( signed by Mag. Judge Stephen C. Riedlinger ) ,issued notices (hcj) (Entered: 02/19/1999)
95 ORDER . . . the Motion for Protective Order regarding responses to interrogatories and requests for production of documents filed on behalf of the State be referredto Mag. Judge Stephen Riedlinger for decision. ( signed by Chief Judge Frank J. Polozola ), issued notices. (hcj) (Entered: 02/19/1999)
96 MOTION by Preston K, Stephen L, Walter N, Richard L. Stalder, Richard Thompson, Cecil Picard, Glenny Lee Buquet, Lester Klotz for Protective Order to respond to Interrogatories and Request for Production of documents ( Motion Hearing set for 9:00 3/19/99 ) (hcj) Modified on 02/24/1999 (Entered: 02/22/1999)
100 RULING denying [99-1] motion for Protective Order by Trans-American Dev, [98-1] motion for Expedited Hearing on [96-1] motion for Protective Order to respond to Interrogatories and Request for Production of documents by defendants, plaintiff by defendants, plaintiff, denying [96-1] motion for Protective Order to respond to Interrogatories and Request for Production of documents by defendants. Dfts are allowed no additional timeto serve their answers and responses on account of filing these motions for protective orders. ( signed by Mag. Judge Stephen C. Riedlinger ), issued notices. (hcj) (Entered: 02/22/1999)
101 ORDER . . . the pltfs must obtain leave of court before serving any additional requests for admissions. The motion must accompanied by the proposed requests. , not to exceed five pages, explaining the need for the

https://ecf.lamd.uscourts.gov/cgi-bin/DktRpt.pl?508092440079961-L_353_0-1

2/22/2007

CM/ECF LIVE - U.S. District Court:lamd - Docket Report

Page 25 of 45

02/23/1999
02/23/1999
02/23/1999
02/23/1999 02/23/1999 02/24/1999 02/25/1999 02/25/1999 02/26/1999 03/01/1999 03/02/1999 03/02/1999

additional requests. Dfts shall have five days from the date of service of the motion to file a respponse. No supplemental memorandum will be permitted or considered. ( signed by Mag. Judge Stephen C. Riedlinger ), issued notices. (hcj) (Entered: 02/22/1999)
105 MOTION by Trans-American Dev to Set Aside Judgment: [88-1] order set Notice of Compliance deadline to 2/23/99 and renewing TransAmerican Development Assoc inc.'s opposition to class certification ( Motion Hearing set for 9:00 3/19/99 ) (hcj) Modified on 03/01/1999 (Entered: 03/01/1999)
105 Motion to set aside court's orde reopening Brian B. and renewing RESPONSE by Trans-American Dev in opposition to [0-1] motion to Certify Class by Walter N, Stephen L, Preston K, Shannon Robshaw (hcj) (Entered: 03/01/1999)
106 MEMORANDUM by Trans-American Dev in support of [105-1] motion to Set Aside Judgment: [88-1] order and renewing Trans-American Development Assoc. Inc.'s opposition to class certification (hcj) (Entered: 03/01/1999)
107 MOTION by Trans-American Dev (Attorney ) for Expedited Hearing on [105-1] motion to Set Aside Judgment: [88-1] order (hcj) (Entered: 03/01/1999)
108 MOTION by Trans-American Dev for oral argument on Motion to set aside order reopening the Brian B cas and renewing Trans Development Assoc. Inc.'s opposiiton to Class Certification (hcj) (Entered: 03/01/1999)
109 NOTICE by U.S. to take deposition of McGlinchey Stafford, Richard Simmons, Charles Roberts, Michael DuBos, Raymond Cannon, Debra Dawn, David Utter, and Keith Nordyke (hcj) (Entered: 03/01/1999)
102 MOTION Juvenile pltfs to Dismiss, without prejudice, Lester Klotz and Jame R. Brown as dfts (hcj) Modified on 02/26/1999 (Entered: 02/26/1999)
104 MOTION by Shannon Robshaw, Preston K, Stephen L, Walter N for Leave to File Amended Complaint (submitted for filing) (hcj) (Entered: 03/01/1999)
103 ORDER granting [102-1] motion to Dismiss, without prejudice, Lester Klotz and Jame R. Brown as dfts ( signed by Chief Judge Frank J. Polozola ), issued notices. (hcj) (Entered: 02/26/1999)
110 ANSWER by The City of Tallulah, Theodore Lindsay to Complaint filed by pltfs Brian B case (hcj) (Entered: 03/02/1999)
111 LETTER dated 2/23/99 TO: Judge Polozola FROM: David Utter RE: Motion to certify Brian B as a class action (hcj) (Entered: 03/02/1999)
113 NOTICE of Hearing by Trans American Development Associates: Motion Hearing set for 9:00 4/16/99 for [105-1] motion to Set Aside Judgment: [88-1] order set Notice of Compliance deadline to 2/23/99 ,

https://ecf.lamd.uscourts.gov/cgi-bin/DktRpt.pl?508092440079961-L_353_0-1

2/22/2007

CM/ECF LIVE - U.S. District Court:lamd - Docket Report

Page 26 of 45

03/03/1999 03/09/1999 03/12/1999 03/12/1999 03/12/1999 03/12/1999 03/12/1999
03/16/1999 03/25/1999 03/29/1999
03/31/1999

issued notices. (hcj) (Entered: 03/03/1999)
112 ORDER ...oral argument on the State dfts Motion to Dismiss, scheduled for 3/5/99 art 9:00 is hereby continued without date. ( signed by Chief Judge Frank J. Polozola ), issued notices. (hcj) (Entered: 03/03/1999)
114 MEMORANDUM by Trans-American Dev in opposition to [104-1] motion for Leave to File Amended Complaint by Walter N, Stephen L, Preston K, Shannon Robshaw (hcj) (Entered: 03/09/1999)
115 RULING granting [104-1] motion for Leave to File Amended Complaint by Walter N, Stephen L, Preston K, Shannon Robshaw ( signed by Chief Judge Frank J. Polozola ), issued notices. (hcj) (Entered: 03/12/1999)
116 ORDER denying as moot [108-1] motion for oral argument on Motion to set aside order reopening the Brian B cas and renewing Trans Development Assoc. Inc.'s opposiiton to Class Certification by TransAmerican Dev ( signed by Chief Judge Frank J. Polozola ), issued notices. (hcj) (Entered: 03/12/1999)
117 ORDER denying as moot [107-1] motion for Expedited Hearing on [1051] motion to Set Aside Judgment: [88-1] order by Trans-American Dev ( signed by Chief Judge Frank J. Polozola ), issued notices. (hcj) (Entered: 03/12/1999)
118 RULING denying [105-1] motion to Set Aside Judgment: [88-1] order set Notice of Compliance deadline to 2/23/99 by Trans-American Dev ( signed by Chief Judge Frank J. Polozola ), issued notices. (hcj) (Entered: 03/15/1999)
119 SECOND AMENDED COMPLAINT (Answer due 3/22/99 for City of Tallulah, for Theodore Lindsay, for Madison Parish Sch, for Gary Gremillion, for Trans-American Dev, for Theodore Lindsay, for City of Tallulah, for Samuel Dixon ) by Shannon Robshaw, Preston K, Stephen L, Walter N amending [4-1] amended complaint by Walter N, Stephen L, Preston K, Shannon Robshaw adding CSC, FBA (hcj) Modified on 03/15/1999 (Entered: 03/15/1999)
120 ORDER, Oral Motion Hearing deadline set for 10:00 4/20/99 for the reurged [0-1] motion to Certify Class before Chief Judge Frank J. Polozola ( signed by Chief Judge Frank J. Polozola ), issued notices. (hcj) Modified on 03/16/1999 (Entered: 03/16/1999)
Status Conference held (hcj) (Entered: 03/29/1999)
121 STATUS CONFERENCE REPORT, RULING AND ORDER, Status conference held on 3/25/99. set Status Conference for 11:00 3/31/99 before mag. Judge Stephen Rieldinger. Counsel for the U.S. , Transamerica Development Associates, the Madsion Parish School Board dfts and the City of Tallulah may participate by telephone. The Court will place the calls. ( signed by Mag. Judge Stephen C. Riedlinger ), issued notices. (hcj) Modified on 03/29/1999 (Entered: 03/29/1999)
122 SUMMONS Returned Executed as to CSC 3/26/99 (hcj) (Entered:

https://ecf.lamd.uscourts.gov/cgi-bin/DktRpt.pl?508092440079961-L_353_0-1

2/22/2007

CM/ECF LIVE - U.S. District Court:lamd - Docket Report

Page 27 of 45

04/01/1999 04/01/1999 04/05/1999 04/05/1999
04/09/1999 04/09/1999 04/09/1999 04/12/1999 04/12/1999 04/12/1999 04/12/1999
04/12/1999 04/12/1999 04/12/1999

03/31/1999)
123 MOTION by Shannon Robshaw, Preston K, Stephen L, Walter N to add named plaintiffs (hcj) (Entered: 04/05/1999)
124 MEMORANDUM by Shannon Robshaw, Preston K, Stephen L, Walter N in support of [123-1] motion to add named plaintiffs (hcj) Modified on 04/05/1999 (Entered: 04/05/1999)
Status Conference held (hcj) (Entered: 04/05/1999)
125 ORDER, Status conference held on 3/31/99. set Status Conference for 11:00 4/7/99 before mar. Judge Stephen Riedlinger. Counsel for the U.S., Transamerica Development Assoc., Inc., the Madison Parish School Board dfts, and the City of Tallulah may participate be telephone. The court will place the calls. ( signed by Mag. Judge Stephen C. Riedlinger ), issued notices. (hcj) (Entered: 04/05/1999)
126 MEMORANDUM by Trans-American Dev, James R Brown in opposition to [123-1] motion to add named plaintiffs by Walter N, Stephen L, Preston K, Shannon Robshaw (hcj) (Entered: 04/09/1999)
127 ORDER, It is ordered that the status conference set for 4/7/99 is canceled. terminated deadlines ( signed by Mag. Judge Stephen C. Riedlinger ), issued notices. (hcj) (Entered: 04/09/1999)
128 MOTION by CSC to Extend Time to file responsive pleadings (hcj) (Entered: 04/12/1999)
129 MOTION by Trans-American Dev for continuance of class certification hearing (hcj) (Entered: 04/13/1999)
130 MEMORANDUM by Trans-American Dev in support of [129-1] motion for continuance of class certification hearing by Trans-American Dev (hcj) (Entered: 04/13/1999)
131 MOTION by Trans-American Dev for Expedited Hearing on [129-1] motion for continuance of class certification hearing by Trans-American Dev (hcj) (Entered: 04/13/1999)
132 ORDER denying [131-1] motion for Expedited Hearing as moot on [1291] motion for continuance of class certification hearing by TransAmerican Dev by Trans-American Dev ( signed by Chief Judge Frank J. Polozola ), issued notices. (hcj) Modified on 04/13/1999 (Entered: 04/13/1999)
133 MOTION by Trans-American Development Assoc. for Protective Order ( Notice of Hearing not submitted for filing) (hcj) (Entered: 04/13/1999)
134 MEMORANDUM by Trans-American Development Assoc. in support of [133-1] motion for Protective Order (hcj) (Entered: 04/13/1999)
135 MOTION by Trans-American Development Assoc. for Expedited Hearing on [133-1] motion for Protective Order (hcj) (Entered: 04/13/1999)

https://ecf.lamd.uscourts.gov/cgi-bin/DktRpt.pl?508092440079961-L_353_0-1

2/22/2007

CM/ECF LIVE - U.S. District Court:lamd - Docket Report

Page 28 of 45

04/12/1999
04/12/1999 04/12/1999 04/13/1999 04/14/1999 04/14/1999
04/14/1999 04/15/1999 04/15/1999
04/15/1999 04/15/1999 04/20/1999 04/21/1999
04/21/1999

136 ORDER granting [129-1] motion by Trans-American Development Assoc. for continuance of class certification hearing without date ( signed by Chief Judge Frank J. Polozola ), issued notices. (hcj) (Entered: 04/13/1999)
137 ANSWER to Complaint by FBA (Attorney Fredrick R. Tulley, Margaret L. Tooke), (hcj) (Entered: 04/13/1999)
138 BRIEF by State of Louisiana in response to the Court's 3/29/99 Status Conference Report, Ruling and Order (hcj) (Entered: 04/13/1999)
139 RESPONSE by Shannon Robshaw, Preston K, Stephen L, Walter N in opposition to [128-1] motion to Extend Time to file responsive pleadings by CSC (hcj) (Entered: 04/14/1999)
140 ORDER denying [135-1] motion for Expedited Hearing on [133-1] motion for Protective Order as moot ( signed by Chief Judge Frank J. Polozola ), issued notices. (hcj) (Entered: 04/14/1999)
141 ORDER granting [133-1] motion for Protective Order and denying [1351] motion for Expedited Hearing on [133-1] motion for Protective Order as moot ( signed by Chief Judge Frank J. Polozola ), issued notices. (hcj) (Entered: 04/15/1999)
146 ORDER, the final pretrial conference scheduled for 5/36/99, is continued without date. ( signed by Chief Judge Frank J. Polozola ), issued notices. (hcj) (Entered: 04/19/1999)
142 ORDER, See order previously issued by the Court RE: [133-1] motion for Protective Order ( signed by Chief Judge Frank J. Polozola ), issued notices. (hcj) (Entered: 04/15/1999)
143 ORDER, set Bench Trial for 9:00 6/21/99 Since the parties are now engaged in mediation an settlement discussions, the Court believes the trial date should be continued and rescheduled, if necessary, after settlement negotiations have been completed. the ( signed by Chief Judge Frank J. Polozola ), issued notices. (hcj) (Entered: 04/15/1999)
144 MOTION by CSC to Dismiss CSC as a party (hcj) (Entered: 04/19/1999)
145 MEMORANDUM by CSC in support of [144-1] motion to Dismiss CSC as a party by CSC (hcj) (Entered: 04/19/1999)
147 MEMORANDUM in opposition to production of the U.S. investigation consultant's report [121-1] order set Status Conference for 11:00 3/31/99 (hcj) (Entered: 04/21/1999)
148 ORDER, the pltf shall not be required tof ile a response to CSC's motion to dismiss pending further orders of this court. The Court wants the parties to concentrate on mediation. ( signed by Chief Judge Frank J. Polozola ), issued notices. (hcj) Modified on 04/22/1999 (Entered: 04/22/1999)
149 MOTION by Trans-American Dev for withdrawal of portions of [141-1]

https://ecf.lamd.uscourts.gov/cgi-bin/DktRpt.pl?508092440079961-L_353_0-1

2/22/2007

CM/ECF LIVE - U.S. District Court:lamd - Docket Report

Page 29 of 45

04/21/1999 04/23/1999 04/23/1999 04/23/1999 04/23/1999 04/26/1999
04/27/1999 05/03/1999 05/05/1999 05/12/1999 05/21/1999 06/21/1999

order ( Motion Hearing set for 9:00 6/4/99 ) (hcj) (Entered: 04/22/1999)
150 MEMORANDUM by Trans-American Dev in support of [149-1] motion for withdrawal of portions of [141-1] order by Trans-American Dev (hcj) (Entered: 04/22/1999)
151 ORDER granting [128-1] motion to Extend Time to file responsive pleadings by CSC, set Answer deadline to 5/15/99 for CSC ( signed by Chief Judge Frank J. Polozola ), issued notices. (hcj) (Entered: 04/23/1999)
152 MOTION by Shannon Robshaw, Preston K, Stephen L, Walter N for Protective Order (hcj) (Entered: 04/23/1999)
153 MEMORANDUM by Shannon Robshaw, Preston K, Stephen L, Walter N in support of [152-1] motion for Protective Order by Walter N, Stephen L, Preston K, Shannon Robshaw (hcj) (Entered: 04/23/1999)
154 MOTION by Shannon Robshaw, Preston K, Stephen L, Walter N for Expedited Hearing on [152-1] motion for Protective Order by Walter N, Stephen L, Preston K, Shannon Robshaw (hcj) (Entered: 04/23/1999)
155 RULING mooting [154-1] motion for Expedited Hearing on [152-1] motion for Protective Order by Walter N, Stephen L, Preston K, Shannon Robshaw by Walter N, Stephen L, Preston K, Shannon Robshaw, granting in part, denying in part [152-1] motion for Protective Order by Walter N, Stephen L, Preston K, Shannon Robshaw...see order for details ( signed by Mag. Judge Stephen C. Riedlinger ), issued notices. (dcap) (Entered: 04/27/1999)
156 RULING denying [149-1] motion for withdrawal of portions of [141-1] order by Trans-American Dev ( signed by Chief Judge Frank J. Polozola ), issued notices. (hcj) (Entered: 04/28/1999)
157 MEMORANDUM by Shannon Robshaw, Preston K, Stephen L, Walter N in opposition to [149-1] motion for withdrawal of portions of [141-1] order by Trans-American Dev (hcj) (Entered: 05/03/1999)
158 ORDER [152-1] motion for Protective Order by Walter N, Stephen L, Preston K, Shannon Robshaw referred to Mag. Judge Stephen C. Riedlinger ( signed by Chief Judge Frank J. Polozola ), issued notices. (hcj) (Entered: 05/05/1999)
159 LETTER dated 04/04/99 TO: Steve Rosenbaum FROM: Constance A. Koury RE: Settlement Negotiations Copy Faxed to FJP (hcj) (Entered: 05/12/1999)
160 LETTER dated 5/12/99 TO: Judge Frank Polozola FROM: William Kline RE: New warden at TCCY (hcj) (Entered: 05/24/1999)
161 ORDER, w/ attachements. The Court having been advised that the pltfs, Juvenile Judges Associatiom. and the Court's expert no longer wish to receive the monthly report ordered by the Court on 11/8/95, and modififed on 12/19/95, TCCY shall no longer by required to file this

https://ecf.lamd.uscourts.gov/cgi-bin/DktRpt.pl?508092440079961-L_353_0-1

2/22/2007

CM/ECF LIVE - U.S. District Court:lamd - Docket Report

Page 30 of 45

06/23/1999 06/29/1999 06/30/1999 07/06/1999 07/15/1999 08/20/1999
11/01/1999
11/01/1999
11/02/1999
11/15/1999 04/10/2000 06/06/2000 06/06/2000

report effective immediatley. ( signed by Chief Judge Frank J. Polozola ), issued notices. (hcj) (Entered: 06/21/1999)
162 MEMO to: Bill Kline from: Dalton Sherrill in re: Reporting Requirements (hcj) (Entered: 06/23/1999)
Tele-conference held (hcj) (Entered: 07/06/1999)
163 LETTER dated 6/29/99 TO: Judge Frank Polozola FROM: Daniel E. West RE: Juvenile Correctional System Needs Assessment (hcj) (Entered: 07/01/1999)
164 Minute entry: Rolling Bench Trial dates set for 9:00 8/23/99, 9/13/99, and 10/12/99 and set Telephone Conference for 4:00 7/13/99 ( signed by Chief Judge Frank J. Polozola ) (hcj) (Entered: 07/07/1999)
165 LETTER dated 7/13/99 FAXED TO: Judge Polozola FROM: Richard Curry RE: Telephone Conference (hcj) (Entered: 07/16/1999)
166 ORDER, the first of the three rolling triads dates scheduled for 8/23/99 is cancelled. The remaining two rolling trial dates will remain in effect until further notice. set Bench Trial for 9:00 9/13/99 and 10/12/99 ( signed by Chief Judge Frank J. Polozola ), issued notices. (hcj) (Entered: 08/23/1999)
167 JOINT MOTION by Shannon Robshaw, Preston K, Stephen L, Walter N, Richard L. Stalder for Leave to File Education Settlement Agreement , to request a staty of education litigation , and to set hearing date (hcj) (Entered: 11/03/1999)
168 MEMORANDUM by Shannon Robshaw, Preston K, Stephen L, Walter N, Richard L. Stalder in support of [167-1] joint motion for Leave to File Education Settlement Agreement [167-2] joint motion to request a staty of education litigation 167-3] joint motion to set hearing date (hcj) (Entered: 11/03/1999)
169 LETTER dated 10/27/99 TO: Kathleen Quinn, Michael Cohen, Bernard Hudson, Eric Trupin, FROM: Mervin Trail RE: A draft proposal submitted to theFirst Deputy Attorney General and the Governor's Office (hcj) (Entered: 11/05/1999)
170 NOTICE to the Clerk of the filing of the Mayor of Tallulah's signature page (hcj) (Entered: 11/16/1999)
171 Minute entry: It is ordered that the parties may meet an an agreed upon place from 4/10/00 through 4/12/00 to continue settlement negoations. ( signed by Chief Judge Frank J. Polozola ) (hcj) (Entered: 04/10/2000)
172 MOTION for Kevin K. Russell to Withdraw as Attorney (hcj) (Entered: 06/09/2000)
173 ORDER granting [172-1] motion for Kevin K. Russell to Withdraw as Attorney ( signed by Mag. Judge Stephen C. Riedlinger ), issued notices. (hcj) (Entered: 06/09/2000)

https://ecf.lamd.uscourts.gov/cgi-bin/DktRpt.pl?508092440079961-L_353_0-1

2/22/2007

CM/ECF LIVE - U.S. District Court:lamd - Docket Report

Page 31 of 45

06/27/2000 07/03/2000 07/27/2000 07/28/2000 08/01/2000
08/02/2000
08/02/2000 08/02/2000 08/08/2000
08/08/2000 08/10/2000
08/10/2000
08/10/2000
08/11/2000 08/14/2000
08/15/2000 08/22/2000

Status Conference held (hcj) (Entered: 07/03/2000)
174 Minute entry: Status Conference held on 6/27/00 ( signed by Chief Judge Frank J. Polozola ) (hcj) (Entered: 07/03/2000)
Status Conference held (hcj) (Entered: 07/31/2000)
175 Minute entry: Status Conference held on 7/27/00 ( signed by Chief Judge Frank J. Polozola ) (hcj) (Entered: 07/31/2000)
176 MOTION by Richard L. Stalder and Murphy Foster for Leave to File Cross-claims and Third Party Complaint (hcj) Modified on 08/02/2000 (Entered: 08/02/2000)
177 ORDER granting [176-1] motion for Leave to File Cross-claims and Third Party Complaint by Richard L. Stalder, Murphy J. Foster ( signed by Chief Judge Frank J. Polozola ), issued notices. (hcj) Modified on 08/02/2000 (Entered: 08/02/2000)
178 CROSSCLAIM by Richard L. Stalder and Murphy J. Foster against Trans-American Dev, CSC (hcj) (Entered: 08/02/2000)
178 THIRD-PARTY COMPLAINT by Richard L. Stalder against TransAmerican Dev, CSC (hcj) (Entered: 08/02/2000)
179 LETTER dated 8/7/00 TO: FJP FROM: Richard T. Simmons, Jr. RE: opposes State's Motion for Leave to File Cross Claims and 3rd Party Complaint (bnw) (Entered: 08/08/2000)
Status Conference held (hcj) (Entered: 08/22/2000)
180 LETTER dated 8/8/00 TO: All Counsel FROM: Richard Curry RE: Settlement status conference o discuss attorney fee issues on 8/10/00 at 1:00 pm (hcj) (Entered: 08/11/2000)
181 MOTION by Trans-American Dev for Reconsideration of [177-1] order granting leave to file cross-claims and third party complaint (hcj) (Entered: 08/14/2000)
182 MEMORANDUM by Trans-American Dev in support of [181-1] motion for Reconsideration of [177-1] order granting leave to file cross-claims and third party complaint by Trans-American Dev (hcj) (Entered: 08/14/2000)
Status Conference held (hcj) (Entered: 08/25/2000)
183 LETTER dated 8/10/00 TO: Judge Frank J. Polozola FROM: Richard Curry RE: Status Conference scheduled for 8/11/00 for 1pm (hcj) (Entered: 08/16/2000)
USCA Case Number Re: USCA NUMBER: 00-30805 (hcj) (Entered: 08/16/2000)
184 Minute entry: Status conference held on 8/8/00 ( signed by Chief Judge Frank J. Polozola ) (hcj) (Entered: 08/22/2000)

https://ecf.lamd.uscourts.gov/cgi-bin/DktRpt.pl?508092440079961-L_353_0-1

2/22/2007

CM/ECF LIVE - U.S. District Court:lamd - Docket Report

Page 32 of 45

08/25/2000 09/06/2000 09/06/2000
09/07/2000 09/07/2000 09/07/2000 09/11/2000
09/13/2000 09/13/2000
09/13/2000 09/15/2000 09/15/2000 09/15/2000 09/15/2000 09/15/2000 09/25/2000

185 Minute entry: Status conference held on 8/11/00 ( signed by Chief Judge Frank J. Polozola ) (hcj) (Entered: 08/25/2000)
186 MOTION by Shannon Robshaw, Preston K, Stephen L, Walter N for waiver of deadlines for filing fee petitions (hcj) (Entered: 09/07/2000)
187 MEMORANDUM by Shannon Robshaw, Preston K, Stephen L, Walter N in support of [186-1] motion for waiver of deadlines for filing fee petitions by Walter N, Stephen L, Preston K, Shannon Robshaw (hcj) (Entered: 09/07/2000)
189 JOINT MOTION by all Parties for Conditional Dismissal and Other Relief (elp) (Entered: 09/14/2000)
190 NOTICE of Settlement Agreement for Medical, Dental, Mental Health, Rehabilitation and Juvenile Justice Issues (elp) (Entered: 09/14/2000)
191 ORDER granting as stated herein... [189-1] joint motion for Conditional Dismissal and Other Relief ( signed by Chief Judge Frank J. Polozola ), issued notices. (elp) (Entered: 09/14/2000)
188 ORDER granting [186-1] motion for waiver of deadlines for filing fee petitions by Walter N, Stephen L, Preston K, Shannon Robshaw ( signed by Chief Judge Frank J. Polozola ), issued notices. (hcj) (Entered: 09/12/2000)
192 Minute entry: 9/6/00 telephone status cnf held to discuss procedural matters for cnf to be held 9/7/00 ( signed by Chief Judge Frank J. Polozola ) (elp) (Entered: 09/14/2000)
193 Minute entry: granting [189-1] joint motion for Conditional Dismissal and Other Relief...all cases except 71-98 pertaining to juvenile facilities are hereby administratively closed until further order of the court ( signed by Chief Judge Frank J. Polozola ) (elp) (Entered: 09/14/2000)
Case closed (elp) (Entered: 09/14/2000)
194 MOTION by CSC to Substitute Attorney (hcj) (Entered: 09/18/2000)
Motion(s) referred to Mag. Judge Stephen C. Riedlinger : [194-1] motion to Substitute Attorney (hcj) (Entered: 09/19/2000)
195 ANSWER by CSC to [178-1] cross claim by Richard L. Stalder (hcj) (Entered: 09/21/2000)
195 ANSWER by CSC (Attorney Daniel Joseph Balhoff) to [178-1] thirdparty complaint by Richard L. Stalder; jury demand (hcj) (Entered: 09/21/2000)
195 CROSSCLAIM by CSC against Richard L. Stalder, LA Dept of of Public Safety can Corrections (hcj) (Entered: 02/15/2002)
196 ORDER granting [194-1] motion to Substitute Attorney by CSC terminated attorney Ann M. Halphen for CSC Added Daniel Joseph Balhoff, John W. Perry Jr. ( signed by Mag. Judge Stephen C.

https://ecf.lamd.uscourts.gov/cgi-bin/DktRpt.pl?508092440079961-L_353_0-1

2/22/2007

CM/ECF LIVE - U.S. District Court:lamd - Docket Report

Page 33 of 45

10/03/2000
11/21/2000 11/27/2000
03/22/2001 03/22/2001 04/10/2001 04/11/2001 09/13/2001
09/20/2001 09/27/2001 09/28/2001 11/01/2001
11/06/2001 11/06/2001 11/08/2001

Riedlinger ), issued notices. (hcj) (Entered: 09/25/2000)
197 MEMORANDUM OPINION ...form final approval of the Joint Settlement Agreement for Meidcal, Dental, Mental Health, Rehabilitation and Juvenile Justice Issues (Settlement Agreement filed 9/7/00 as document #190. ( signed by Chief Judge Frank J. Polozola ), issued notices. (hcj) (Entered: 10/06/2000)
198 MOTION by Richard L. Stalder to Extend Time in which to respond to requests for admission (hcj) (Entered: 11/21/2000)
199 ORDER granting [198-1] motion to Extend Time in which to respond to requests for admission by Richard L. Stalder ...an additional thiry days, until 12/27/00 ( signed by Chief Judge Frank J. Polozola ), issued notices. (hcj) (Entered: 11/28/2000)
200 MOTION by CSC for Leave to File Third Party Complaint (hcj) (Entered: 04/05/2001)
Third Party Complaint submitted for filing by CSC (hcj) (Entered: 04/05/2001)
202 THIRD-PARTY COMPLAINT by CSC against Richard L. Stalder (hcj) (Entered: 02/15/2002)
201 ORDER granting [200-1] motion for Leave to File Third Party Complaint by CSC ( signed by Chief Judge Frank J. Polozola ), issued notices. (hcj) (Entered: 04/11/2001)
203 ORDER...case shall remain closed. The Clerk of Court shall randomly assign a new district judge to preside in this case in the event any party seeks to reopen the case. ( signed by Chief Judge Frank J. Polozola ), issued notices. (hcj) (Entered: 09/13/2001)
204 MOTION by CSC to reopen case (hcj) (Entered: 09/21/2001)
205 MEMORANDUM by CSC in support of [204-1] motion to reopen case by CSC (hcj) (Entered: 09/27/2001)
206 MEMORANDUM by Richard L. Stalder, State of Louisiana and all of its offices, agencies and departments in opposition to [204-1] motion to reopen case by CSC (hcj) (Entered: 10/01/2001)
207 ORDER...this matter may be re-opened as to all cross-claims, counterclaims, and third party claims between the State Defendants and CSC. In all other respects, this matter will remain closed...( signed by Judge James J. Brady ), issued notices. (kmk) (Entered: 11/01/2001)
Case reopened (hcj) (Entered: 11/06/2001)
CASE reassigned to Judge James J. Brady (hcj) (Entered: 11/06/2001)
208 NOTICE OF CONFERENCE... set Telephone Conference for 9:30 11/19/01 The conference call will be initiated by US Mag. Judge S. Riedlinger. (signed by Pamela Sherrard, SCR CRD), issued notices. (hcj)

https://ecf.lamd.uscourts.gov/cgi-bin/DktRpt.pl?508092440079961-L_353_0-1

2/22/2007

CM/ECF LIVE - U.S. District Court:lamd - Docket Report

Page 34 of 45

11/19/2001 11/19/2001
12/11/2001 12/11/2001 12/21/2001
01/17/2002 01/17/2002 01/17/2002
01/23/2002 01/24/2002 02/14/2002

(Entered: 11/08/2001)
Tele-conference held (kmk) (Entered: 11/19/2001)
209 SCHEDULING ORDER...This Scheduling Order Applies Only to the Cross Claims, Counterclaim, and Third Party Claims Between the State Dfts and Correctional Services Corporation...a telephone status conference was held 11/19/01... Set Discovery deadline to 3/29/02 , Set Expert Witness List deadline to 4/30/02 for Correctional Services Corp, and to 5/31/02 for the State of LA , Set Expert Report Deadline to 4/30/02 for Correctional Services Corp, and to 5/31/02 for the State of LA...Set Expert Deposition Deadlines to 6/28/02... Set Dispositive Motion Filing deadline to 7/31/02 ( signed by Mag. Judge Stephen C. Riedlinger ), issued notices. (kmk) (Entered: 11/19/2001)
210 MOTION by Judith C Preston for a status conference (hcj) (Entered: 12/12/2001)
211 MEMORANDUM by Judith C Preston in support of [210-1] motion for a status conference by Judith C Preston (hcj) (Entered: 12/12/2001)
212 ORDER granting [210-1] motion for a status conference by Judith C Preston set Status Conference for 9:00 1/17/02 in chambers..this order shall not operate to reopen any claims that have not previously been reopened( signed by Judge James J. Brady ), issued notices. (dcap) (Entered: 12/21/2001)
213 NOTICE of Change of Address by David J. Utter and M. Gabriella Celeste attorneys for Shannon Robshaw, Preston K, Stephen L, Walter (hcj) (Entered: 01/17/2002)
Status Conference held (kmk) (Entered: 01/17/2002)
214 ORDER...a status conference was held 1/17/02...the court instructed the parties to submit a position paper containing legal authority to the court on or before Friday, 1/25/02, after which the court will schedule another status conference...the position papers shall be submitted to chambers directly as opposed to be filed with the Clerk of Court...Nothing herein shall be construed as re-opening the case... Set Notice of Compliance deadline to 1/25/02 ( signed by Judge James J. Brady ), issued notices. (kmk) (Entered: 01/17/2002)
215 MOTION by Richard L. Stalder and Murphy J. Foster, State of Louisiana for Gary A. Bezet and the law firm of Kean, Miller et al to Withdraw as Attorney (hcj) (Entered: 01/23/2002)
216 ORDER granting [215-1] motion for Gary A. Bezet and the law firm of Kean, Miller et al to Withdraw as Attorney by Richard L. Stalder ( signed by Mag. Judge Stephen C. Riedlinger ), issued notices. (hcj) (Entered: 01/24/2002)
217 ANSWER by Richard L. Stalder to [195-1] cross claim by CSC (hcj) (Entered: 02/15/2002)

https://ecf.lamd.uscourts.gov/cgi-bin/DktRpt.pl?508092440079961-L_353_0-1

2/22/2007

CM/ECF LIVE - U.S. District Court:lamd - Docket Report

Page 35 of 45

02/14/2002 03/12/2002 03/20/2002 03/20/2002 03/25/2002 03/25/2002
04/11/2002 04/23/2002 04/24/2002
04/24/2002
04/29/2002
05/01/2002 05/01/2002 05/07/2002
05/07/2002
05/29/2002 06/05/2002

217 ANSWER by Richard L. Stalder to [202-1] third-party complaint by CSC (hcj) (Entered: 02/15/2002)
218 NOTICE of Hearing: set Status Conference for 9:00 4/10/02 signed by Suzie Edwards, issued notices. (hcj) (Entered: 03/12/2002)
219 MOTION by Richard L. Stalder to Strikejury demand ( Motion Hearing set for 9:00 5/3/02 ) (hcj) (Entered: 03/21/2002)
220 MEMORANDUM by Richard L. Stalder in support of [219-1] motion to Strike jury demand by Richard L. Stalder (hcj) (Entered: 03/21/2002)
221 LETTER dated 3/22/02 TO: Mag. Judge Riedlinger FROM: Richard Curry RE: Scheduling Order (hcj) (Entered: 03/25/2002)
222 AMENDED SCHEDULING ORDER setting Motion Filing deadline on 7/31/02 Discovery cutoff 4/29/02 ; Expert Witness List deadline on 5/31/02 ; Depositions of Experts due by 6/28/02 ( signed by Judge James J. Brady ), issued notices. (hcj) (Entered: 03/25/2002)
223 MEMORANDUM by CSC in opposition to [219-1] motion to Strike jury demand by Richard L. Stalder (hcj) (Entered: 04/15/2002)
224 MOTION by Richard L. Stalder for Leave to File Reply Memorandum in support of Motion to Srike jury demand (hcj) (Entered: 04/23/2002)
225 ORDER granting [224-1] motion for Leave to File Reply Memorandum in support of Motion to Srike jury demand by Richard L. Stalder ( signed by Judge James J. Brady ), issued notices. (kmk) (Entered: 04/24/2002)
226 REPLY Memorandum by Richard L. Stalder to response to [219-1] motion to Strikejury demand by Richard L. Stalder (hcj) (Entered: 04/24/2002)
227 NOTICE of Hearing: set Status Conference for 10:30 5/29/02 before Judge James J. Brady in Chambers. signed by Suzie Edwards, CRD, issued notices. (hcj) (Entered: 04/29/2002)
228 MOTION by CSC for Leave to File Supplemental Memo in opposition to moton to strike jury demand (hcj) (Entered: 05/02/2002)
Holding Supp Memo in opppostion to motion to strike jury demand (hcj) (Entered: 05/02/2002)
229 ORDER granting [228-1] motion for Leave to File Supplemental Memo in opposition to moton to strike jury demand by CSC ( signed by Judge James J. Brady ), issued notices. (hcj) (Entered: 05/07/2002)
230 SUPPLEMENTAL MEMORANDUM by CSC in opposition to [219-1] motion to Strikejury demand by Richard L. Stalder (hcj) (Entered: 05/07/2002)
Status Conference held (hcj) (Entered: 06/06/2002)
232 NOTICE TO COUNSEL AND ORDER... set Status Conference for 8:00

https://ecf.lamd.uscourts.gov/cgi-bin/DktRpt.pl?508092440079961-L_353_0-1

2/22/2007

CM/ECF LIVE - U.S. District Court:lamd - Docket Report

Page 36 of 45

06/06/2002 06/12/2002 06/12/2002 08/23/2002 09/12/2002
09/12/2002 09/12/2002
12/13/2002 01/07/2003 01/17/2003 01/17/2003

6/11/02 ( signed by Judge James J. Brady ), issued notices. (hcj) (Entered: 06/06/2002)
231 RULING granting [219-1] motion to Strikejury demand by Richard L. Stalder ( signed by Judge James J. Brady ), issued notices. (kmk) (Entered: 06/06/2002)
Status Conference held (hcj) (Entered: 06/12/2002)
233 Minute entry: Informal status conference was held 6/12/02. ( signed by Judge James J. Brady ) (hcj) (Entered: 06/12/2002)
234 NOTICE of Hearing: reset Status Conference for 9:00 9/12/02 before JJB in Chambers , issued notices. (clp) (Entered: 08/23/2002)
235 ORDER...the clerk's office add the folloiwing cnsl to the list of cnsl receiving notices in this case: Jeffrey Resetarits, Constance Koury, Deith Nordyke, June Denlinger, Melanie Fields, Richard Sherburne Jr...the following cnsl will not longer receive notices UNLESS THEY CONTACT CHAMBERS WITHIN 10 DAYS: Addison Goff, P Scott Wolleson, Michael DuBos, Frederic Le Clercq, W Evan Plauceh Richard Simmons Jr, Margaret Tooke....following the then day period, the clerk's office shall terminate cnsl who does not respond...notification of this order by the clerk's office shall be made to all of the above-referenced cnsl... ( signed by Judge James J. Brady ), issued notices. (clp) (Entered: 09/12/2002)
Status Conference held (clp) (Entered: 09/12/2002)
236 NOTICE AND ORDER...a status cnf was held 9/12/02...cnsl is requested to notify the court by letter as to the need for further court involvement regarding the agreements, the appointment of a mediatr, and the access to records issue...if the ptys desire to have a mediator appointed, each side is requested to submit one name for the court's consideration... ( signed by Judge James J. Brady ), issued notices. (clp) (Entered: 09/12/2002)
237 NOTICE and ORDER set Status Conference for 10:00 1/8/03 ( signed by Judge James J. Brady ), issued notices. (clp) (Entered: 12/13/2002)
238 ORDER...the status cnf set for 1/8/03 is CANCELLED...the Clerk's Office shall notify parties by fax or telephone... terminated deadlines ( signed by Judge Ralph E. Tyson for Judge James J. Brady ), issued notices. (clp) (Entered: 01/07/2003)
240 JOINT MOTION by Shannon Robshaw, Preston K, Stephen L, Walter N, Richard L. Stalder, Richard Thompson, Cecil Picard, Glenny Lee Buquet, Lester Klotz, David Hood for Dismissal of Education Claims , and for Approval of Class Notice (clp) (Entered: 01/17/2003)
239 NOTICE of 2003 SETTLEMENT AGREEMENT by Shannon Robshaw, Preston K, Stephen L, Walter N, Richard L. Stalder, Richard Thompson, Cecil Picard, Glenny Lee Buquet, Lester Klotz, David Hood (clp) (Entered: 01/17/2003)

https://ecf.lamd.uscourts.gov/cgi-bin/DktRpt.pl?508092440079961-L_353_0-1

2/22/2007

CM/ECF LIVE - U.S. District Court:lamd - Docket Report

Page 37 of 45

01/24/2003 01/29/2003 01/29/2003
03/18/2003 03/19/2003 03/19/2003 03/19/2003 03/20/2003 03/20/2003

241 ORDER set Status Conference for 2:00 1/29/03 ...regarding the preliminary approval of proposed 2003 Settlement Agreement...Clerk to fax a copy of this order to all cnsl of record... ( signed by Judge Ralph E. Tyson ), issued notices. (clp) (Entered: 01/24/2003)
242 NOTICE of Hearing: set Settlement Conference for 10:00 3/11/03 issued notices. (hcj) (Entered: 01/29/2003)
243 ORDER...all claims relating to educational servicesat LA secure juvenile facilities are dismissed, with prejudice. It is further ordered that all orderes relating tothe appointment of court expert including orders entered on 6/1/89, 8/19/94, and 9/26/96 are vacated. ...ordered that the Court has reviewed the 2003 Settlement Agreement and preliminarily approves the Agreement for purposes of providing notice to the class under Rule 23. ...Ordered that the LDPS and Corr give notice of the 2003 Settlement Agreement to members of the pltf class by posting a notice ...to members of the clas at all secure juvenile facilities w/in 10 days. ...a hearing is noticed for 3/11/03 at 10:00 am to address comments form members of the Pltf Class, but no hearing shall be held unless the Court deems ...to be necessary. It is further ordered that records of individual juveniles may be released to counsel for US or Pltfs use in monitoring the settlement agreement. It is further ordered that records produced pursuant to this Settlement Agreement may be examined as stated in order. It is further ordered that, in all other respects, these actions remain administratively closed. ( signed by Judge James J. Brady ), issued notices. (hcj) (Entered: 01/30/2003)
244 ORDER granting [240-2] joint motion for Approval of Class Notice...the 2003 Settlement Agreement is approved... ( signed by Judge James J. Brady ), issued notices. (elp) (Entered: 03/18/2003)
245 MOTION by Richard L. Stalder for Preliminary Injunction and for Permanent Injunction to enjoin state court proceedings (hcj) (Entered: 03/19/2003)
246 MEMORANDUM by Richard L. Stalder in support of [245-1] motion for Preliminary Injunction by Richard L. Stalder, [245-2] motion for Permanent Injunction by Richard L. Stalder (hcj) (Entered: 03/19/2003)
247 EXHIBIT(S) to [246-1] support memorandum Emergency Motion for preliminary and permanent injuction to enjoin state court proceedings by Richard L. Stalder (hcj) (Entered: 03/19/2003)
248 NOTICE AND ORDER...status cnf held 3/18/03...cnsl for the LA Dept of Public Safety and Corrections requested permission to file an emergency motion to enjoin state court proceedings, and the Court granted the Dept leave to file the motion to enjoin...clerk shall fax this notice to cnsl of record and Danielle Lipow... ( signed by Judge James J. Brady ), issued notices. (elp) (Entered: 03/20/2003)
249 ORDER Response to Motion reset to 5:00 3/20/03 for [245-1] motion for Preliminary Injunction, reset to 5:00 3/20/03 for [245-2] motion for Permanent Injunction , Oral argument set for 2:00 3/21/03 for [245-1]

https://ecf.lamd.uscourts.gov/cgi-bin/DktRpt.pl?508092440079961-L_353_0-1

2/22/2007

CM/ECF LIVE - U.S. District Court:lamd - Docket Report

Page 38 of 45

03/21/2003 03/21/2003 03/21/2003
03/21/2003 03/25/2003
03/26/2003 04/07/2003 05/06/2003 05/07/2003
05/08/2003 05/08/2003 05/09/2003
05/09/2003

motion for Preliminary Injunction, set for 2:00 3/21/03 for [245-2] motion for Permanent Injunction ...in courtroom 1...copy faxed to cnsl... ( signed by Judge James J. Brady ), issued notices. (elp) (Entered: 03/20/2003)
250 MEMORANDUM by Shannon Robshaw, Preston K, Stephen L, Walter N in opposition to [245-1] motion for Preliminary Injunction by Richard L. Stalder (hcj) (Entered: 03/21/2003)
251 EXHIBIT(S) to [250-1] opposition memorandum by Walter N, Stephen L, Preston K, Shannon Robshaw to DPSC's Emergency motion to enjoin state court proceedings (hcj) (Entered: 03/21/2003)
252 REPLY by Richard L. Stalder to response in opposition to [245-1] motion for Preliminary Injunction by Richard L. Stalder, [245-2] motion for Permanent Injunction by Richard L. Stalder (hcj) (Entered: 03/24/2003)
Motion hearing held re: [245-1] motion for Preliminary Injunction by Richard L. Stalder, [245-2] motion for Permanent Injunction by Richard L. Stalder (elp) (Entered: 03/25/2003)
253 Minute entry: Oral argument held 3/21/03... denying [245-1] motion for Preliminary Injunction by Richard L. Stalder, denying [245-2] motion for Permanent Injunction by Richard L. Stalder...this court does not have any authority to intervene in the state discovery matters...the Court granted Ms. Lipow's request to file the Motion to Enroll Pro Hac Vice after the hearing... ( signed by Judge James J. Brady ) (elp) (Entered: 03/25/2003)
254 MOTION by Shannon Robshaw, Preston K, Stephen L, Walter N for Danielle Lipow to Appear Pro Hac Vice (elp) (Entered: 04/07/2003)
255 ORDER granting [254-1] motion for Danielle Lipow to Appear Pro Hac Vice by Walter N, Stephen L, Preston K, Shannon Robshaw ( signed by Judge James J. Brady ), issued notices. (hcj) (Entered: 04/07/2003)
Status Conference held (hcj) (Entered: 05/07/2003)
256 ORDER ... Status conference held on 5/6/03. The court will be scheduling another status conference within the next two week to consider other pending issues. ( signed by Judge James J. Brady ), issued notices. (hcj) Modified on 05/08/2003 (Entered: 05/07/2003)
Status Conference set at 2:00 5/13/03 (hcj) (Entered: 05/08/2003)
257 ORDER... status conference set for 5/13/03 at 2:00 pm. ( signed by Judge James J. Brady ), issued notices. (hcj) (Entered: 05/08/2003)
258 MOTION by Richard L. Stalder for Reconsideration of [253-1] order for Emergency Motion for Preliminary and Permanent Injunction to enjoin State Court proceedings (hcj) Modified on 05/12/2003 (Entered: 05/12/2003)
259 MOTION by Richard L. Stalder for Preliminary and for Permanent

https://ecf.lamd.uscourts.gov/cgi-bin/DktRpt.pl?508092440079961-L_353_0-1

2/22/2007

CM/ECF LIVE - U.S. District Court:lamd - Docket Report

Page 39 of 45

05/09/2003 05/09/2003
05/12/2003 05/13/2003 05/15/2003
05/16/2003
05/16/2003 05/16/2003 05/19/2003
05/20/2003
05/23/2003 05/23/2003 05/27/2003

Injunction to enjoin State Court proceedings and incorporated Memorandum (hcj) (Entered: 05/12/2003)
261 EXHIBIT(S) to [260-1] support memorandum by Richard L. Stalder of Motion for Reconsideration of Emergency Motion minary and Permanent Injunction to enjoin State Court Proceedings (hcj) (Entered: 05/12/2003)
260 MEMORANDUM by Richard L. Stalder in support of [259-1] motion for Preliminary and [259-2] Permanent Injunction by Richard L. Stalder, [258-1] motion for Reconsideration of [253-1] order by Richard L. Stalder (hcj) (Entered: 05/14/2003)
262 EXHIBIT(S) to [259-1] motion for Preliminary and [259-2] motion for Permanent Injunction by Richard L. Stalder (hcj) (Entered: 05/12/2003)
Status Conference held (hcj) (Entered: 05/15/2003)
263 NOTICE TO COUNSEL AND ORDER ... status conference held on 5/13/03 set Evidentiary Hearing on the motions for reconsideration and for preliminary and permanent injunction relief for 9:00 5/16/03 ( signed by Judge James J. Brady ), issued notices. (hcj) (Entered: 05/15/2003)
264 MEMORANDUM by Shannon Robshaw, Preston K, Stephen L, Walter N in opposition to [259-1] motion for Preliminary and [259-2] Permanent Injunction by Richard L. Stalder, [258-1] motion for Reconsideration of [253-1] order by Richard L. Stalder (hcj) (Entered: 05/19/2003)
265 EXHIBIT(S) to [264-1] opposition memorandum by Walter N, Stephen L, Preston K, Shannon Robshaw (hcj) (Entered: 05/19/2003)
Evidentiary Hearing held (hcj) (Entered: 05/19/2003)
266 Minute entry: Evidentiary hearing on Motion for Recommendation of Order for Emergency Motion for Preliminary/Permanent Injunction. Defendants will submit, un-redacted copies of JIRMS files and emergency motions as evidence under seal. Paties are allowed to file any memoranda... set Brief deadline to 5:00 5/20/03 . Any responses shall be filed by 5:00 on 5/23/03. (Exhibits filed behind ME) ( signed by Judge James J. Brady ) (hcj) Modified on 05/19/2003 (Entered: 05/19/2003)
267 Supplemental Memo by Richard L. Stalder in support of [259-1] motion for Preliminary and [259-2] Permanent Injunction by Richard L. Stalder, and [258-1] motion for Reconsideration of [253-1] order by Richard L. Stalder (hcj) (Entered: 05/21/2003)
268 SUPPLEMENTAL OPPOSTION to DPSC'S Motion to Enjoin State Court Proceedings by Shannon Robshaw, Preston K, Stephen L, Walter N (hcj) (Entered: 05/23/2003)
269 Response by Richard L. Stalder to JJPL Supplemental Opposition (nlt) (Entered: 05/28/2003)
271 SECOND SUPPLEMENTAL OPPOSITION MEMORANDUM by Shannon Robshaw, Preston K, Stephen L, Walter N in opposition to

https://ecf.lamd.uscourts.gov/cgi-bin/DktRpt.pl?508092440079961-L_353_0-1

2/22/2007

CM/ECF LIVE - U.S. District Court:lamd - Docket Report

Page 40 of 45

05/27/2003 05/28/2003 05/28/2003 05/29/2003
06/03/2003 06/03/2003 06/03/2003 06/04/2003
06/04/2003 06/05/2003 06/10/2003 06/11/2003
06/19/2003

[259-1] motion for Preliminary by Richard L. Stalder, [259-2] motion for Permanent Injunction by Richard L. Stalder (sah) (Entered: 05/29/2003)
272 EXHIBIT(S) to [271-1] opposition memorandum by Walter N, Stephen L, Preston K, Shannon Robshaw (sah) (Entered: 05/29/2003)
270 MOTION by Richard L. Stalder for Leave to File Supplemental Note of Evidence (sah) (Entered: 05/29/2003)
holding supplemental note of evidence (sah) (Entered: 05/29/2003)
273 NOTICE to Counsel: set Status Conference for 4:00 6/4/03 in chambers before JJB ...any party unable to attend in person may participate by telephone.... , issued notices. (sah) Modified on 05/29/2003 (Entered: 05/29/2003)
274 ORDER granting [270-1] motion for Leave to File Supplemental Note of Evidence by Richard L. Stalder ( signed by Judge James J. Brady ), issued notices. (hcj) (Entered: 06/03/2003)
275 NOTICE of Supplemental Note of Evidence by Richard L. Stalder (hcj) (Entered: 06/03/2003)
276 EXHIBIT(S) to [275-1] Supplemental Note of Evidence by Richard L. Stalder (hcj) (Entered: 06/03/2003)
277 RULING denying [259-1] motion for Preliminary by Richard L. Stalder, denying [259-2] motion for Permanent Injunction by Richard L. Stalder, denying [258-1] motion for Reconsideration of [253-1] order by Richard L. Stalder ( signed by Judge James J. Brady ), issued notices. (dcb) (Entered: 06/04/2003)
Status Conference held (hcj) (Entered: 06/05/2003)
278 ORDER... parties witll furnish the court suggested language by close of business on Thursday... set Brief deadline to 5:00 6/5/03 ( signed by Judge James J. Brady ), issued notices. (hcj) (Entered: 06/05/2003)
Status Conference held (hcj) (Entered: 06/11/2003)
279 ORDER ... counsel for the DPSC to make the agreed upon revisions and for the parties to jointly submit the order for the court's signature. ( signed by Judge James J. Brady ), issued notices. (hcj) (Entered: 06/11/2003)
280 ORDER ... records of individual juvenile, including medical records, excludingpsychotherapy notes ... may be released to counsel for private pltf .... in monitoring the settlement argreement. It is further ordered that all agents or contractors of DPSC ... directed to disclose...medical records...to comply with terms of this order or order of 1/29/03. It is further ordered that private pftls are prohibted from disclosing medical records or individually identifiable health information for any purpose other than instant litigation. ...after dismissal of this cause...the produced records are destoyed or returned to LSU Health Sciences Center or the

https://ecf.lamd.uscourts.gov/cgi-bin/DktRpt.pl?508092440079961-L_353_0-1

2/22/2007

CM/ECF LIVE - U.S. District Court:lamd - Docket Report

Page 41 of 45

06/23/2003
07/03/2003 08/29/2003 09/03/2003 09/08/2003 09/16/2003 09/19/2003 12/31/2003 12/31/2003
01/27/2004

LA Dept of PSC. It is further ordered that all other provisions of the order of 1/29/03 are continued in full until further orders of this Court. ( signed by Judge James J. Brady ), issued notices. (hcj) (Entered: 06/19/2003)
281 NOTICE AND CLARIFYING ORDER...It is hereby ordered that this notice and order be filed in all of the above referenced actions...it is further ordered tht the clerks office continue to docket any and all additional matters relative to the 2003 Settlement Agreement in 98-886D, only... ( signed by Judge James J. Brady ), issued notices. (sah) (Entered: 06/23/2003)
282 TRANSCRIPT of Motions for Preliminarey/Permanent Injunction To Enjoin State Court Proceedings filed for dates of 5/16/03 (hcj) (Entered: 07/03/2003)
283 MOTION by CSC for status conference (hcj) (Entered: 08/29/2003)
284 ORDER [283-1] motion for status conference by CSC referred to Mag. Judge Stephen C. Riedlinger ( signed by Judge James J. Brady ), issued notices. (hcj) (Entered: 09/03/2003)
285 ORDER set Status Conference for 3:30 9/16/03 ( signed by Mag. Judge Stephen C. Riedlinger ), issued notices. (hcj) (Entered: 09/08/2003)
Status Conference held (hcj) (Entered: 09/19/2003)
286 STATUS CONFERENCE REPORT... status conference was held on 8/16/03 ( signed by Mag. Judge Stephen C. Riedlinger ), issued notices. (hcj) (Entered: 09/19/2003)
293 JOINT MOTION by USA, State of LA for dismissal of medical claims at all facilities and for dismissal of all claims pertaining to SCCY-Madison and BCCCY (hcj) (Entered: 03/03/2004)
294 ORDER granting [293-1] joint motion for dismissal of medical claims at all facilities and for dismissal of all claims pertaining to SCCY-Madison and BCCCY by Richard L. Stalder, USA...all claims assesrted in CA 7198-B, 97-MS-001-B, 97-665-B, 97-688-B, (8-947-B involving Swanson Correctional Center for Youth-Madison Parish Unit and Bridge City Corr Cntr for Youth are dismissed, with prejudice. ...the Court has reviewed the 2004 Settlement Agreement and preliminarily approves the Agreement for purposes of providing notice to tthe class under Rule 23 of the FRCP. LDPSC gives notice of 2004 Settlement Agreement to members of the pltf class by posting a notice... Any objections shall be submitted in writing on or before 2/5/04 at 5:00 pm...ahearing is notice for 3/5/04 at 9:00 am to address comments from members of the plaintiff class...NO HEARING SHALL BE HELD unless the Court deems necessary...in all other respects, these actions remain administratively closed. ( signed by Judge James J. Brady ), issued notices. (hcj) (Entered: 03/03/2004)
287 NOTICE TO COUNSEL...cnsl are hereby notified that the court has

https://ecf.lamd.uscourts.gov/cgi-bin/DktRpt.pl?508092440079961-L_353_0-1

2/22/2007

CM/ECF LIVE - U.S. District Court:lamd - Docket Report

Page 42 of 45

02/10/2004 02/12/2004 02/12/2004
02/23/2004 02/23/2004 02/24/2004 03/08/2004 07/07/2004 07/22/2004
07/22/2004 10/21/2004 10/22/2004
11/10/2004

received the attached correspondence, which references the 2004 Settlement Agreement...the clerk's office shall fax a copy of this order to cnsl in 98-886... ( signed by Judge James J. Brady ), issued notices. (elp) (Entered: 01/27/2004)
288 ORDER set Status Conference for 10:30 2/12/04 ...in Chambers relative to the 2004 Settlement Agreement. ( signed by Judge James J. Brady ), issued notices. (hcj) (Entered: 02/10/2004)
Status Conference held 2/12/04 (hcj) (Entered: 02/12/2004)
289 NOTICE TO COUNSEL ... the hearing date to address comments of the Plaintiff Class if necessary was continued from 3/5/04, until 7/9/04 @ 9:00 a.m. set Status Report deadline to 3/1/04 ( signed by Judge James J. Brady ), issued notices. (hcj) (Entered: 02/12/2004)
290 ORDER...At the request of cnsl for the state...The deadline for filing a status report is extended. reset Status Report deadline to 3/5/04 (signed by Judge James J. Brady), issued notices. (sah) (Entered: 02/23/2004)
291 MOTION by USA for Mark F. Daly to Appear Pro Hac Vice (hcj) (Entered: 02/24/2004)
292 ORDER granting [291-1] motion for Mark F. Daly to Appear Pro Hac Vice by USA ( signed by Judge James J. Brady ), issued notices. (hcj) (Entered: 02/24/2004)
295 STATUS REPORT by Richard L. Stalder (State of Louisiana) (hcj) (Entered: 03/08/2004)
296 ORDER ...the hearing tentatively scheduled for 7/9/04...is hereby cancelled. ( signed by Judge James J. Brady ), issued notices. (hcj) (Entered: 07/07/2004)
297 ORDER...all claims...related to Swanson Corr. Center for YouthMadison Parish Unit are dismissed, with prejudice. ...CA 98-886-B is dismissed with prejudice. ...only claims pending in the remaining consolidated actions are certain non-educational claims pertaining to Jetson Correctional Center for Youth and Swanson Corr Cntr for YouthMonroe, and cross claims pending between the Dept of Public Safety and Corr and Corr Services Corp. ... the remaining consolidated actions shall remain administratively closed. ( signed by Judge James J. Brady ), issued notices. (hcj) (Entered: 07/22/2004)
Case closed (hcj) (Entered: 07/22/2004)
298 MOTION by CSC For Status Conference (sah) (Entered: 10/22/2004)
299 ORDER granting [298-1] motion For Status Conference by CSC Set Status Conference Relative to the Breach of Contract Claim for 10:00 11/10/04 (signed by Judge James J. Brady ) issued notices. (sah) (Entered: 10/22/2004)
300 NOTICE TO COUNSEL...status cnf held on 11/10/04 terminated

https://ecf.lamd.uscourts.gov/cgi-bin/DktRpt.pl?508092440079961-L_353_0-1

2/22/2007

CM/ECF LIVE - U.S. District Court:lamd - Docket Report

Page 43 of 45

01/04/2005 01/05/2005 01/11/2005 01/11/2005 01/11/2005 01/11/2005 01/20/2005 04/12/2005 04/14/2005 08/02/2005
10/20/2005 10/21/2005 11/02/2005
12/08/2005

deadlines , Set Brief deadline to 1/29/04 ( signed by Judge James J. Brady ), issued notices. (sah) (Entered: 11/12/2004)
301 MOTION by Richard L. Stalder to Extend Time to Submit Briefs in Response to the Court's 11/10/04 order (elp) (Entered: 01/05/2005)
302 ORDER granting [301-1] motion to Extend Time to Submit Briefs in Response to the Court's 11/10/04 on or before January 11, 2005. ( signed by Judge James J. Brady ), issued notices. (hcj) (Entered: 01/05/2005)
303 BRIEF ON MERITS in Response by Richard L. Stalder Department of Public Safety and Corrections and Correctional Services to [302-1] order (hcj) Modified on 01/11/2005 (Entered: 01/11/2005)
304 STIPULATION by Richard L. Stalder Department of Public Safety and Correctional Services Corp (hcj) Modified on 01/11/2005 (Entered: 01/11/2005)
305 JOINT BENCH BOOK (volume 1 and 2) EXHIBIT(S) to [304-1] stipulation by CSC, Richard L. Stalder (hcj) (Entered: 01/11/2005)
306 TRIAL BRIEF by CSC (hcj) (Entered: 01/12/2005)
Mail Returned as Undeliverable. on 302 Order. Mail returned from Jeffrey Resetarits. Reason: Unable to Forward (HCJ, ) (Entered: 01/20/2005)
307 ORDER Status Conference set for 4/14/2005 at 10:30 AM in chambers before Judge James J. Brady.. Signed by Judge James J. Brady on 4/12/05. (HCJ, ) (Entered: 04/12/2005)
308 Letter dated 4/13/05 from Taylor, Porter to Clerk Re: Remove Fredrick Tulley name from the mailing list (HCJ, ) (Entered: 04/14/2005)
309 MEMORANDUM AND OPINION..the court rules in favor of the DPSC finding that it does not owe CSC additioanl sums under the DEA bases upon any contractual requirement for housing a minimum of 686 juveniles at the facility.. Signed by Judge James J. Brady on 08/02/05. (PAH, ) (Entered: 08/03/2005)
310 MOTION to Enroll James L. Nelson as Additional Attorney by United States of America. (PAH, ) (Entered: 10/20/2005)
311 ORDER granting 310 Motion to Enroll as Attorney. Added attorney James L. Nelson for United States of America. . Signed by Judge James J. Brady on 10/20/05. (BP, ) (Entered: 10/21/2005)
Mail Returned as Undeliverable on 311 Order on Motion to Enroll Additional Attorney. Mail returned from Judith Preston. Reason: Return to Sender, Box Closed No Order. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.) (SAH, ) (Entered: 11/03/2005)
312 JOINT MOTION to Dismiss Cross Claims by Correctional Services Corporation, Richard L. Stalder. (DCB, ) (Entered: 12/08/2005)

https://ecf.lamd.uscourts.gov/cgi-bin/DktRpt.pl?508092440079961-L_353_0-1

2/22/2007

CM/ECF LIVE - U.S. District Court:lamd - Docket Report

Page 44 of 45

12/09/2005 12/12/2005 12/12/2005 12/13/2005
12/13/2005 01/20/2006 03/07/2006
04/12/2006 05/01/2006 05/01/2006 05/01/2006
05/01/2006

313 ORDER granting 312 Joint Motion to Dismiss al claims filed by State defendants against CSC... all claims asserted by CSC against State Defendants are dismissed, with prejudice. . Signed by Judge James J. Brady on 12/8/05. (HCJ, ) (Entered: 12/09/2005)
314 MOTION for Mark Daly and Jeff Resetarits to Withdraw as Attorney by United States of America. (HCJ, ) (Entered: 12/13/2005)
315 MOTION for Fortune A. Glasse to Appear Pro Hac Vice by United States of America. (HCJ, ) (Entered: 12/13/2005)
316 ORDER granting 314 Motion to Withdraw as Attorney. Attorneys Mark Daly and Jeff Resetarits are withdrawn. Signed by Judge Stephen C. Riedlinger on 12/13/2005. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry)(Riedlinger, Stephen) (Entered: 12/13/2005)
317 ORDER granting 315 Motion for Fortune A. Glasse to Appear Pro Hac Vice. Signed by Judge Stephen C. Riedlinger on 12/13/2005. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry)(Riedlinger, Stephen) (Entered: 12/13/2005)
318 Letter dated 1/19/06 from Fortune Glasse to Clerk Re: Counsel for the US Dept of Justice Address correction for Judith Preston and Fortune Glass (HCJ, ) Modified on 2/8/2006 (HCJ, ). (Entered: 01/23/2006)
Mail Returned as Undeliverable on 311 Order on Motion to Enroll Additional Attorney, [317] Order on Motion to Appear Pro Hac Vice, [316] Order on Motion to Withdraw as Attorney,. Mail returned from Richard Sherburne Jr.. Reason: Return To Sender... Not At This Address. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.) (SAH, ) (Entered: 03/08/2006)
319 NOTICE AND ORDER... Status Conference set for 5/1/2006 at 04:00 PM in Courtroom 1 before Judge James J. Brady.. Signed by Judge James J. Brady on 4/12/2006.(NLT, ) (Entered: 04/12/2006)
Mail Returned as Undeliverable on 319 Order, Set Hearings. Mail returned from John Whitley. Reason: Attempted,- Not Known. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.) (HCJ, ) (Entered: 05/01/2006)
320 Joint MOTION to Dismiss with prejudice on the grounds that defendants have complied with the provision of the 2004 Settlement Agreement by Fortune Glasse, James Nelson, David Utter, Richard Curry, Constance Koury, Keith Nordyke. (HCJ, ) (Entered: 05/01/2006)
321 MEMORANDUM in Support of 320 Joint MOTION to Dismiss with prejudice on the grounds that defendants have complied with the provision of the 2004 Settlement Agreement filed by Fortune Glasse, James Nelson, David Utter, Richard Curry, Constance Koury,and Keith Nordyke. (HCJ, ) (Entered: 05/01/2006)
322 Minute Entry for proceedings held before Judge James J. Brady : Status

https://ecf.lamd.uscourts.gov/cgi-bin/DktRpt.pl?508092440079961-L_353_0-1

2/22/2007

CM/ECF LIVE - U.S. District Court:lamd - Docket Report

Page 45 of 45

05/02/2006 05/18/2006

Conference held on 5/1/2006..the joint motion to dismiss is signed and filed in open court and this matter will be dismsised. (Court Reporter S. Thompson.) (PAH, ) (Entered: 05/02/2006)
323 ORDER granting 320 Motion to Dismiss. . Signed by Judge James J. Brady on 05/01/06. (PAH, ) (Entered: 05/02/2006)
Mail Returned as Undeliverable on 322 Status Conference. Mail returned from John Whitley. Reason: Delivery Attempted - Not Known. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.) (HCJ, ) (Entered: 05/18/2006)

PACER Service Center
Transaction Receipt

02/22/2007 16:32:08

PACER Login:

hs0328

Client Code:

Description:

Docket Report

Search Criteria:

Billable Pages: 28

Cost:

ddalton
3:98-cv-00886-JJBSCR 2.24

https://ecf.lamd.uscourts.gov/cgi-bin/DktRpt.pl?508092440079961-L_353_0-1

2/22/2007