U.S. v. Clay Co.
Ililili

JC-GA-010-003

2 0 199

IN THE UNITED STATES D I S T R I C T COURT DEPUTY/CLERK U.S. DISTRICT COURT
MIODLE DISTRICT OF GEORGIA

FOR THE MIDDLE DISTRICT OF GEORGIA

COLUMBUS DIVISION

UNITED STATES OF AMERICA,

)

PLAINTIFF

)

)

v.

)

)

CLAY COUNTY, GEORGIA;

)

ROGER SHIVERS, in his official

)

capacity as SHERIFF of CLAY COUNTY; )

and CLAY COUNTY BOARD

)

OF COMMISSIONERS,

)

in their official capacities,

)

)

DEFENDANTS.

)

Case No. </.'9"7-

COMPLAINT THE UNITED STATES OF AMERICA alleges:
l. This complaint is filed by the Attorney General on behalf of the United States of America pursuant to the Civil Rights of Institutionalized Persons Act of 1980, 42 U.S.C. § 1997 ££. seg. • to enjoin the named Defendants from depriving persons incarcerated at the Clay County Jail, located in Clay County, Georgia, of rights, privileges, or immunities secured and protected by the Constitution of the United States.

AND VENUE 2. This Court has jurisdiction over this action under 28 U.S.C. § 1345. 3. The United States is authorized to initiate this action pursuant to 42 U.S.C. § 1997a. 4. The Attorney General has certified that all prefiling requirements specified in 42 U.S.C. § 1997b have been met. The Certificate of the Attorney General is appended to this Complaint and is incorporated herein. 5. Venue in the Middle District of Georgia, Columbus Division, is proper pursuant to 28 U.S.C. § 1391.
DEFENDANTS 6. Defendant CLAY COUNTY owns and operates the Clay County Jail, which is a county detention facility located in Clay County, Georgia. 7. Defendant ROGER SHIVERS is sued in his, official capacity as the Sheriff of Clay County.' Sheriff Shivers is responsible for the day-to-day operations of the Jail". In his official capacity as Sheriff, he has the custody, rule and charge of the Jail and Jail inmates. 8. Defendant CLAY COUNTY BOARD OF COMMISSIONERS is the agency charged with authority to maintain the Clay County Jail and is responsible for the conditions of confinement and treatment of persons incarcerated in the Jail.
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9. Defendants are legally responsible, in whole or in part, for the operation of the Clay County Jail, for the conditions there and the health and safety of persons confined or incarcerated there.
10. At all relevant times, the Defendants or their predecessors in office have acted or failed to act, as alleged herein, under color of state law.
FACTUAL .ALLEGATIONS 11. The Clay County Jail is an institution within the meaning of 42 U.S.C. § 1997(1). 12. Persons confined to the Clay County Jail include pre-trial detainees and post-conviction inmates. 13. Defendants are failing to protect inmates at the Clay County Jail from undue risk of harm by, inter alia, failing to provide adequate housing, failing to provide adequate supervision, and failing to ensure adequate environmental health and fire safety conditions. 14. Defendants are failing to provide adequate medical and mental health care and suicide prevention to persons confined at the Clay County Jail by, inter alia, failing to provide access to adequate care for serious medical and mental health needs. 15. Defendants are failing to provide adequate opportunities for exercise to persons confined at the Clay County Jail.
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16. Defendants are failing to provide adequate access to the courts and reading materials to persons confined at the Clay County Jail.
17. Defendants are failing to provide reasonable access to religious services and consultations to persons confined at the Clay County Jail.
18. Defendants have been consciously aware of the factual allegations set forth in paragraphs 13-17 for a substantial period of time.
19. Defendants have failed to address adequately the •abuses described in paragraphs 13-17 although they consciously knew of those abuses.
20. The harm or risk of harm to inmate health and safety set forth in paragraphs 13-17 have been obvious within the Clay County Jail for a substantial period of time.
VIOLATIONS ATJ.EflED 21. The acts and omissions alleged in paragraphs 13-17 violate the rights, privileges, or immunities secured or protected by the Constitution of the United States of persons confined at the Clay County Jail. 22. Unless restrained by this Court, Defendants will continue to engage in the conduct and practices set forth in paragraphs 13-17 that deprive persons confined at the Clay County Jail of their rights, privileges, or immunities
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secured or protected by the Constitution of the United States and cause them irreparable harm.
PRAYER FOR RELIEF

23. The Attorney General is authorized under 42 U.S.C.

§ 1997 ££. seq. to seek equitable and declaratory relief.

WHEREFORE, the United States prays that this Court enter an order permanently enjoining Defendants, their officers, agents, employees, subordinates, successors in

office, and all those acting in concert or participation with them from continuing the acts, omissions, and practices

set forth in paragraphs 13 through. .20 above, and that this Court require Defendants to take such actions as will ensure lawful conditions of confinement are afforded to inmates at

the Clay County Jail. The United States further prays that this Court grant such other and further equitable relief as

it may deem just and proper.

*•

Respj

JANET RENO AJztorney General of the
United States

OLPHfADERHOLD United States Attorney Middle District of Georgia P.O. Box U Macon, GA 31202

ISABELLE KATZ PIN2LER Acting Assistant Attorney General Civil Rights Division United States Department of Justice

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STEVEN H. ROSENBA Chief Special Litigation Section
MELLIE H. NELSON Deputy Chief Special Litigation Section
U
/SHANETTA Y.ABROWN CUTLAR ' U.S. Department of Justice
Civil Rights Division Special Litigation Section P.O. Box 66400 Washington, D.C. 20035-6400 (202) 514-0195
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(©ffire of tij* ^
BasJjiitgtan, B. C 20530

CERTIFICATE OF THE ATTORNEY GENERAL

I, Janet Reno, Attorney General of the United States, certify that with regard to the foregoing Complaint, United States v. Clay County Georgia, at al.. I have complied with all subsections of 42 U.S.C. § 1997b(a)(1). I certify as well that I have complied with all subsections of 42 U.S.C. § 1997b(a)(2). I further certify, pursuant to 42 U.S.C. § 1997b(a)(3), my belief that this action by the United States is of general public importance and will materially further the vindication of rights, privileges, or immunities secured or protected by the Constitution of the United States.

In addition,' I certify that I have the "reasonable cause to believe" set forth in 42 U.S.C. § 1997a to initiate this action. Finally, I certify.that all prerequisites to, the initiation of this suit under 42 U.S.C. § 1997, ej: sag.. have been met.

Pursuant to 42 U.S.C. § 1997a(c), I have personally signed the foregoing Complaint. Pursuant to 42 U.S.C. § 1997b(b), I am personally signing this Certificate.

Signed this / ^ d a y of / C < g ^ ^ ^ / J 9 9 7 , at

Washington, D.C.

/

RENO Attorney General /of the United States

 
 U.S. v. Clay Co.

JC-GA-010-004

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

UNITED STATES OF AMERICA, Plaintiff, v.
CLAY COUNTY, GEORGIA, et al., Defendants.

Filed
UG 2 0 1997
DEPUTY CLERK U.S. DISTRICT COURT ("MIDDLE DISTRICT OF GEORGIA

CONSENT DECREE

TABLE OF CONTENTS

I. INTRODUCTION

1

II. DEFINITIONS

1

III. BACKGROUND

2

IV. SUBSTANTIVE PROVISIONS

3

New J a i l

3

Correctional Issues

.

A. Staffing and supervision

B. Exercise

,

C. Religious services

D. Reading materials and access to the courts

Medical, Mental Health, and Suicide Prevention

A. Policies and procedures B. I n t a k e s c r e e n i n g ..•••........-..•• C. Sick call

D. Physician care • • •

•. •

E. Medication practices ••

.\ v

F. Mental health care and suicide prevention

G. Communicable diseases . . . . . . .

Environmental Health and Safety

A. General sanitation

B. . Fire safety

^

C. Plumbing

."*

D. Bedding supplies

E. Food service

F. Lighting

4 4 5 5
5
7 7 7 3 8 9 9 10
10 10 io li 11 11 12

V. CONSTRUCTION, IMPLEMENTATION, AND TIMING OF'COMPLIANCE 12

VI. STIPULATION PURSUANT TO THE PRISON LITIGATION" REFORM ACT,

18 U.S.C. § 362S

14

VII. TERMINATION

15

I. INTRODUCTION
1. This Court has jurisdiction over this action pursuant to 28 U.S.C. § 1345.
2. Venue in the Middle District of Georgia is appropriate pursuant to 28 U.S.C. § 1391(b).
3. The United States has met all pre-filing requirements stated in the Civil Rights of Institutionalized Persons Act, 42 U.S.C. § 1997 fit ssg. II. DEFINITIONS
4. "Plaintiff" shall refer to the United States of America. 5. "Defendants" shall refer to Clay County, Georgia, the Sheriff of Clay County, in his official capacity, the members of the Clay County Board of Commissioners, in their official capacity, and their agents and successors in office. 6. The term "Clay County Jail" (Jail) includes the existing Jail as well as any other Clay County institutions built, leased, or otherwise used, to replace the current Jail or Jail components. 7. The terms "inmate" or "inmates" shall refer to one or more individuals sentenced to, incarcerated in, detained at, or otherwise confined at either the existing Clay County Jail or any institution that is built or used to replace the Jail or any part of the Jail. 8. "Qualified professional" shall refer to an individual qualified to render requisite and appropriate care, treatment,

judgment(s), training and service, based on-credentials recognized in a specific field. III. BACKGROUND

9. The Defendant Clay County owns and operates the Jail,

located in Clay County, Georgia.

10. The Defendant Sheriff is responsible for the

day-to-day operation of the Jail. In his official capacity, the

Sheriff has the custody, rule, and charge of the Jail and Jail

inmates.

'

.

11. On November 18, 199.4, United States Department of

Justice attorneys and their consultants in the fields of

penology, correctional health care, and environmental health and

safety, toured the Jail pursuant to the Civil Rights of

Institutionalized Persons Act, 42 U.S.C." § 1997 sJL seq. On

June 1, 1995, the United States issued a findings letter

regarding conditions of confinement at the Jail based upon the

Justice Department's investigation and expert tour of the

facility.

12. The United States' findings letter detailed certain

constitutional deficiencies.

13. The parties to this Consent Decree recognize the

constitutional rights of inmates confined in the Jail. These

rights include, but are not limited to, the right to:

(1) adequate staffing and supervision to ensure reasonable inmate

safety, (2) adequate medical and mental health care, (3) a safe

and sanitary physical plant which does not pose an unreasonable

threat to safety, (4) reasonable opportunity for exercise, and (5) access to the courts including meaningful access to counsel and law materials.
14. In order to avoid protracted litigation regarding the constitutionality of conditions of confinement at the Jail, the parties agree to the provisions set forth in this Consent Decree
15. The parties agree that the provisions of this Decree are a reasonable, lawful and fundamentally fair resolution of this case. IV. SUBSTANTIVE PROVISIONS
NEW JAIL
IS. Defendants shall renovate the existing Jail within 90 days of entry of this Decree by removing the current partitions in the existing cell blocks to provide additional square footage available for inmate use. Defendants shall provide an adequate amount of space per inmate consistent with generally accepted
»» correctional practices. Additional inmate population shall be housed on a per diem basis in adjoining county facilities having available space. The Defendants shall continue to maintain the existing Jail in the above-referenced manner and as otherwise provided herein.
The Defendants are currently exploring the feasibility of the construction of a regional jail facility to house its inmates. The anticipated completion of a regional jail facility is within three (3) years of authorization, provided such a regional jail is authorized.
3

The Defendants may elect to replace the existing jail with a new jail constructed in compliance with American Correctional Association standards, the National Fire Protection Association's Life Safety Code, the Americans with Disabilities Act of 1990, 42 U.S.C. § 12101 fit seq. and associated regulations, state and county building codes, and the terms of this Decree. Such new construction shall be done by qualified, professional contractors. The Defendants shall consult with the United States during the design of the new or renovated Jail as to the appropriate services and staffing necessary to implement such services. CORRECTIONAL ISSUES
A. Staffing and supervision.
17. Defendants shall ensure that there are at least two qualified jailers on-site per shift. Rounds will be conducted at least once every half hour at irregular intervals*, and shall include logged, visual inspections of all housing areas.
18. Defendants shall document all incidents involving inmate violence. Such records shall be maintained and reviewed at appropriate intervals in order to better inform Defendants of patterns of inmate violence so that professionally appropriate measures may be taken. B. Exercise.
19. Inmates shall be given exercise five days a week for one hour a day, outdoors weather permitting.

20. Defendants shall allow inmates the equivalent time for indoor exercise in the event weather prevents outdoor exercise. C. Religious services.
21. Inmates shall be provided reasonable access to religious services and consultations approved by the Sheriff. Approval of such religious services and consultations shall not be unreasonably withheld; however, such religious services and consultations shall be limited to recognized religious organizations. Religious services and consultations for interested inmates shall be on a weekly basis. D. Reading materials and access to the courts.
22. At their own expense, inmates' may receive by mail directly from publishers, a reasonable number of periodicals, newspapers, books and reading materials which do not pose a threat to security. Such material shall be maintained in the inmate cell blocks as long as it does not create a fire hazard.
23. At no cost to the Defendants, inmates will be permitted to purchase and receive whatever law books and any other legal research materials that they wish. This material may be maintained by the inmates in their cells consistent with security and fire safety requirements.
24. Defendants shall provide inmates with access to legal materials consistent with the following:
a. a leading law dictionary; b. a book on criminal procedure and a book on civil
procedure; c. a simple treatise on evidence,d. a general guide to legal research; and

e. Court Rules, including mailing addresses of State Courts, United States District Court for the Middle District of Georgia, the Georgia Supreme Court and the Georgia Court of Appeals.
25. The above listed legal materials shall be maintained in the Chief Jailer's office and made available, upon request by the inmate, between 8:00 a.m. and 5:00 p.m., seven (7) days per week, within 12 hours of a request. In the event that an inmate is facing a specific court deadline, the Defendants shall make reasonable efforts to allow the inmate- additional access to the legal materials, upon request.
26. Defendants shall develop and implement policies and procedures to provide inmates with access to the legal materials contained in the County Law Library located in the County Courthouse. The County Law Library shall have available the •following legal materials:
a. A current copy of the Code of Georgia and an index of the Code;
b. A current copy of the Georgia Digest; and c. Georgia Reports and/or Southeastern'Reporters. Such procedures shall ensure that inmates are provided with sufficient time with the legal materials for a reasonable opportunity to conduct legal research. In the event an inmate is represented by counsel, the Defendants shall not be obligated to provide legal material unless the issue which an inmate wishes to research is independent of the representation provided by counsel.

MEDICAL. MEMTAI. BEALT5 AND SUICIDE PREVENTT01T
A. Policies and procedures.
27. Defendants shall contract with the County Health Department to implement medical policies and procedures that include, but are not limited to provisions regarding: (l) initial screening and health appraisals, (2) communicable disease testing and control, (3) access to medical care and sick call, (4) pill call and medication management, (5) medical records, (S) staff training, (7) mental health care, 8) dental care, and (9) emergency medical care and transport. B. Intake screening.
28. Contractual services with a Responsible Health Authority (RHA) shall provide intake screening to include routine screening of inmates upon arrival for potential medical and mental health problems including, but not limited to, suicide risk and communicable diseases. The contract shall provide that the policies and procedures shall include a minimum of the following:
(1) Written sick call request slips. (2) A collection method without inmate/trustee involvement, where the request slips go directly to the health care professional, including collection of oral requests by illiterate inmates by jailer. (3) Logging procedures to record each request for sick call services.

(4) Review of inmate request by RHA directly to determine the emergency of the need to be examined.
(5) A method of recording the results of sick calls in inmate records in a generally accepted format, to be maintained separately from custody records and access limited only to authorized personnel. C. Sick call.
29. Defendants' sick call policy shall include an on-site sick call clinic held at least once per week conducted by the RHA. D. Physician care.
30. Defendants shall ensure that there is a RHA in charge of medical cares at the Jail. The RHA must be a qualified medical professional (physician or registered nurse under the supervision of a licensed physician) and should have regular, daily hours. The RHA used should be "on call" and available for telephone consultation during emergencies. The RHA shall interview and examine patients who submit sick call requests. Defendants shall enter into a written contract with a RHA to ensure that there is a formal system of RHA supervised medical care for the Jail. The medical care contract should include provisions for conducting regular physical examinations, health appraisals, providing specialty care, and communicable disease testing. The RHA must have adequate space, supplies and equipment.

E. Medication practices.
31. All medications shall be professionally managed and securely stored at the Jail as directed by the RHA. The dispensing of such medication shall be restricted to the RHA or physician instructions. A separate inventory log shall be maintained by Jail personnel of all dispensing and receiving of medication from the RHA and inmate. F. Mental health care and suicide prevention.
32. Defendants' contract with the RHA shall provide mental health sick call services as needed. Mentally ill inmates shall be housed in an appropriate environment for the supervision and personal safety of the inmate. Inmates requiring psychiatric hospitalization shall be promptly transported to an adequate hospital facility.
33. Defendants shall ensure that all staff are trained in recognizing and promptly referring to the RHA or a qualified professional, individuals exhibiting common symptoms of mental illness, mental retardation or suicidal behavior.
34. Defendants shall ensure that suicidal patients are adequately supervised. Actively suicidal patients shall be placed under constant, direct observation by adequately trained staff. For inmates with lower levels of suicide risk, staff shall check on the inmates once every fifteen minutes or more often as necessary. These checks shall include logged, direct visual observation of the inmate's condition.

G. Communicable diseases.

35. Defendants' contract with the RHA shall provide for communicable disease testing and referrals for appropriate treatment for all inmates. Each inmate at the Jail for more than 7 days shall be tested for tuberculosis no later than 14 days after arrival. ENVIRONMENTAL HEALTH AND SAFETY

A. General sanitation.

36. Defendants shall regularly clean and maintain the Jail

pursuant to a general housekeeping plan. Inmates shall be

provided cleaning materials on a daily basis, but the Defendants

are ultimately responsible for the Jail's cleanliness and

physical condition. Defendants shall document compliance with

the housekeeping plan. Any new Jail or renovated Jail must also

be kept clean and in good physical condition.

B. Fire safety.

«

37. Defendants shall provide heat rise smoke detectors throughout the housing areas.
38. Defendants shall provide automatic notification to the fire department in the event of fire or similar emergency.
39. Defendants shall immediately develop, based upon consultation with an appropriate professional, written plans for an emergency disaster.

10

40. Defendants shall continue to maintain and routinely test the emergency generator. Testing compliance will be documented.
41. Defendants shall continue to eliminate all electrical hazards and provide ground fault circuit interrupters where necessary. C. Plumbing.

42. Defendants shall repair and maintain in good working order all toilets, showers and lavatories.
43. Defendants shall eliminate the 18 inch step leading to each shower stall.
44. Defendants shall continue to ensure the provision of vacuum breakers to prevent back siphonage and water contamination. D. Bedding supplies.

45. Defendants"Shatl provide to each inmate a mattress,

mattress cover, sheets, pillow, blanket, washcloth, and a towel.

All bed linen, towels, washcloths, inmate clothes and uniforms

shall be cleaned at least once per week.

E. Food service.

•—

46. Food transported from outside establishments must be kept at safe temperatures in insulated, heated, or cooled transport containers. Prepared food shall be served to inmates promptly.

11

P. Lighting.
47. Defendants shall provide at least 20 footcandles of lighting for all housing and work areas. V. CONSTRUCTION, IMPLEMENTATION, AND TIMING OF COMPLIANCE.
48. This Decree shall be applicable to and binding upon all parties, their officers, agents, employees, assigns, and their successors in office.
49. The Court shall retain jurisdiction for all purposes under this Decree until the Defendants have fully and faithfully implemented all provisions of this Decree and the judgment is discharged. If Defendants fail to comply with the requirements of this Decree in a timely manner, the United States has the right to seek additional relief from the Court.
50. Except where otherwise specifically indicated, the Defendants shall complete implementation of all the provisions of this Decree within one hundred and eighty (130) days of the entry of the Decree.
51. Defendants shall submit quarterly compliance reports to the United States and the Court, the first of which shall be submitted within sixty (60) days after the entry of this Decree. Thereafter, the reports shall be submitted fifteen (15) days after the termination of each quarter continuing until the Decree is terminated. The reports shall describe the actions the Defendants have taken during the reporting period to implement this Decree and shall make specific reference to the Decree provisions being implemented.
12

52. Defendants shall keep such records as will fully

document that the requirements of this Decree are being properly-

implemented and shall make such records available at the Jail at

all reasonable times for inspection and copying by the United'

States.

53. Defendants shall submit records or other documents to

verify that they have taken such actions as described in their

compliance reports and will also provide all documents reasonably

requested by the United States. As part of this compliance

process, documents submitted shall include a daily population

count for the Jail, a separate count of the number of inmates in

each cell or dorm, and staffing levels.

.

54." All parties* shall bear their own costs, including

attorney fees.

55. During the period in which the Court maintains

jurisdiction over this action, the United States and its

attorneys, consultants, and agents shall have unrestricted access

to the Jail, Jail inmates, Jail staff, and documents as necessary

to address issues affected by this Decree. The United States'

unrestricted access shall not conflict with the orderly operation

of the Jail. Nothing in this Decree prohibits discovery pursuant

to the Federal Rules of Civil Procedure.

56. Defendants shall immediately explain the terms of this

Decree to all persons connected with the Jail, including Jail and

medical contractor staff, in order to ensure their understanding

of the requirements of this Decree and the necessity for strict

13

compliance with the Decree. All Jail staff members and other individuals responsible for implementing this Decree shall sign a statement indicating that they have read and understand this Decree. Such statements shall be retained by the Defendants. Defendants shall require strict compliance with this Decree by their respective employees, agents, assigns, or successors.
57. Within ten (10) days of the signing of this Decree, the Defendants shall provide continuous notice of__this Decree to all inmates by providing a copy to any inmate upon request and by providing a copy to inmates upon incarceration. In addition, the inmate handbook shall advise inmates of the fact that the Jail is operating under the terms and conditions of a Settlement Decree entered by the United States District Court for the Middle District of Georgia and that upon request, any inmate shall be given a copy of the complete Decree. VI. STIPULATION PURSUANT TO THE PRISON LITIGATION REFORM ACT
(PLRA), 18 U.S.C- § 3626. 58. For purposes of this lawsuit only and in order to settle this matter, the Defendants stipulate that they have violated certain federal rights of inmates as alleged in the pleadings. The parties further stipulate and agree that the prospective relief in this Decree is narrowly drawn, extends no further than necessary to correct these certain violations of federal rights set forth in the Complaint, is the least intrusive means necessary to correct these violations, and will not: have an adverse impact on public safety or the operation of a criminal
14

justice system. Accordingly, the parties agree and represent to the Court that the Decree complies in all respects with the provisions of 18 U.S.C. § 3626(a), and may serve as the factual and legal basis for a court order issued pursuant to those provisions.
59. The issue of liability has not been litigated. The parties ask the Court to approve this Decree without a full hearing on the merits, on the basis of the United States' Complaint and the above stipulation.
60. This Decree is not intended to have any preclusive effect except between the parties. Should the issue of the preclusive effect of this Decree be raised in any proceedings other than this civil action, the parties agree to certify that this Decree was intended to have no such preclusive effect. VII. TERMINATION.
61. The Court shall maintain jurisdiction in this case to ensure that all settlement decree provisions are fully implemented and maintained one (1) year after renovations to the existing jail facility are completed and the Court finds upon a joint motion by the parties that the Defendants fully and faithfully implemented all terms of this Decree. This Decree shall terminate upon joint motion of the parties upon the election by the Defendants to cease operations of the existing jail facility or upon housing of its inmate population in a-
regional jail facility.
15

62. Notwithstanding provision Si, the Defendants may, at any time after 6 months of entry of this Decree, unilaterally move for discharge. Discharge shall be granted unless the United States objects in writing within ninety (90) days after receipt of the Defendants' motion. If an objection is made, the Court shall hold a hearing on the motion, and the burden shall be upon the Defendants to demonstrate that they have fully and faithfully implemented and maintained all provisions of this Decree. If the Defendants meet this burden, the judgment shall be discharged, the injunctions shall be dissolved, jurisdiction shall terminate, and the case shall be closed and dismissed with prejudice. Agreed to by: COUNSEL FOR UNITED STATES:

3OLPH 1DERH0LD United^ States Attorney Middle District of Georgia P.O. Box U Macon, GA 31202

ABELLE KATZ PINELJBI Acting Assistant Attorney General Civil Rights Division United States Department of Justice

STEVEN H. ROSENBAUM Chief Special Litigation Section
MELLIE H. NELSON Deputy Chief Special Litigation Section

16

U.
,/SHANETTA Y £/BROWN CUTLAR DAVID DEUTSCH CHRISTOPHER N. CHENG U.S. Department of Justice Civil Rights Division Special Litigation Section (202) 514-0195

COUNSEL FOR DEFENDANTS - CLAY ICOUNTY, CLAY COUNTY BOARD OF COMMISSIONERS

HERIFF, AND

Date:

, 1997

William H. Mills Clay County Attorney P.O. Box 5S5 Blakely, GA 31723

17

 
 |

r.^^'^cpc

< *vj:Rf\ S OFFltu

FILED U.S. DISTRICT COURT
MIDDLE GEORGIA

91 MJG20 PW3=59

97 AUG 25 F i l i a l

T COURT _

/ C l l j ^ t ^ v ^ • "Tt-oJL—.

PGE08HjArHE UNITED STATES D I S T R I C T COURfT Y Cl?\JVi C\JL:»\

nM

FOR THE MIDDLE D I S T R I C T OF GEORGIA

COLUMBUS DIVISION

UNITED STATES OF AMERICA,
Plaintiff, v.
CLAY COUNTY, GEORGIA, et al., Defendants.

) ) ) ) ) ) ) Case No,
)

ORDER Having considered the foregoing Consent Decree, and based on the stipulations of the parties, the Court hereby finds:
* 1. The prospective relief in the Decree is necessary to correct certain violations of the federal rights of the inmates of the Clay County jail as set forth in the Complaint. 2. The Decree is narrowly drawn, extends no further than necessary to correct these certain violations of federal rights, and is the least intrusive means necessary to correct these certain violations of federal rights. 3. The Decree will not have an adverse impact on public safety or the operation of a criminal justice system.
U.S. v. Clay Co.
JC-GA-010-005

- 2-

Wherefore, it is hereby ORDERED that the Consent Decree be

entered as the judgment of the Court. This order is not an

adjudication on the merits and therefore shall have no preclusive

effect except between the parties to this litigation.

4. The Decree complies with the requirements of the Prison

Litigation Reform Act, 18 U.S.C. § 3626.

It is hereby ORDERED, the 2-6 day of <^<ft^~

1997.

UNSCBD STATES DISTRICT JUDGE

 
 Office of the Assistant Attorney General

U.S. Department of Justice Civil Rights Division
Washington, DC 20035

Mr. Gerald Isler Chairman Clay County Commission P.O. Box 519 Fort Gaines, GA 31751

June 1, 1995

Re: Notice of Findings from Investigation of Clay County Jail

Dear Mr. Isler:
On October 3, 1994, we notified you of our intent to investigate the Clay County Jail ("CCJ") pursuant to the Civil Rights of Institutionalized Persons Act ("CRIPA"), 42 U.S.C. § 1997 e_t seq. Consistent with the requirements of CRIPA, the purpose of this letter is to advise you of our findings frc~ this investigation, the supporting facts, and to recommend necessary remedial measures.

Our investigation consisted of a tour of the facility with expert consultants, the examination of documents, and extensive interviews with prisoners and staff at the facility. We were accompanied on our tours by three consultants: a penologist, a medical expert, and a fire safety/environmental sanitarian, all with expertise in jail facilities. Throughout the course of this investigation, County officials and CCJ staff extended to us and our consultant's their cooperation, for which we wish to convey to you our thanks.

In making our findings, we recognize that CCJ confines both pre-trial detainees and post-conviction inmates. In general, inmates may not be subjected to conditions that are incompatible with evolving standards of decency or deprive them of their basic human needs while incarcerated. See Estelle v. Gamble. 429 U.S. 97 (1976). With respect to the pre-trial detainees, the Fourteenth Amendment prohibits punishment of these persons and restrictive conditions or practices that are not reasonably related to the legitimate governmental objectives of safety,

U.S. v. Clay Co.

JC-GA-010-001

- 2-
order and security. Bell v. Wolfish, 441 U.S. 520 (1979) . For those convicted of a crime, the standard to be applied is the Eighth Amendment's proscription against cruel and unusual punishment. Wilson v. Seiter, 501 U.S. 294 (1991); Rhodes v. Chapman. 452 U.S. 337 (1981). When convicted prisoners are not, as here, separated from pre-trial detainees, the Fourteenth Amendment standard applies to all inmates.
CCJ was opened in 1882 and has a reported capacity of 16 inmates. On the day of our tour, the Jail housed 12 inmates. Based on our investigation, we believe that conditions at CCJ violate the constitutional rights of prisoners and that the Jail should be closed. CCJ is unfit for human habilitation and very dangerous.
I. Correctional Deficiencies.
A. Housing areas are grossly deficient. The housing areas of the Jail are archaic, unconscionable and contrary to evolving standards of decency. The Jail is essentially a late 19th century house with retro-fitted modular "cellblocks" on the second floor which resemble cages. The cells have only 17 unencumbered square feet and yet each houses 8 prisoners. This amount of square footage is insufficient for one person. The bunks are located so close together that standing between them to access the top bunk is extremely difficult. This is grossly unacceptable.
One of the cell units has only one means of egress from the only stairway. This is unacceptable and poses a serious fire hazard.
Female prisoners are housed on the first floor in a completely unsecured area. Reportedly, the Jail transfers female inmates to another county jail because of the insecure room. This means, as a practical matter, that the County provides housing only to male prisoners. This is unacceptable.
B. Staffing and supervision are inadequate. CCJ fails to provide adequate inmate supervision. Each cellblock is separated by a heavy steel door with a small window. The prisoners are required to scream for the assistance of a deputy and rely primarily on a inmate trustee for assistance such as medical care. Reportedly, jailers conduct visual inspections of the housing units. Jail officials informed us, however, that if the housing units are noisy, officers enter the housing units only if there are two officers available. Significantly, two officers are rarely scheduled on a shift.

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Indeed, one officer is routinely scheduled per shift and has the dual responsibility of safeguarding the Jail and dispatching the City police and fire department.
It appears that the Jail fails to maintain incident reports involving incidents of violence.
C. Out-of-cell/exercise time is insufficient. CCJ fails to provide adequate out-of-cell opportunities for exercise. Dayroom areas fail to provide adequate opportunities for indoor exercise. Only one of the dayrooms has a bench where prisoners can sit; the other dayroom requires prisoners to stand all day or to sit on the floor. Prisoners are allowed outdoors once per week. There is no exercise equipment.
D. Access to religious services is inadequate. The Jail fails to afford reasonable access to religious services. Reportedly, the Jail has allowed a religious group to come to the Jail in the past. Our consultant, however, was informed that a local minister's request to make a religious visit was denied. According to Jail staff, the request for the visit was denied because it would require the Jail to afford other inmates the same opportunity. This is completely unacceptable. The Jail does not provide any religious services. Religious services or consultation initiated by inmates should not be arbitrarily denied.
E. Access to the courts and reading materials is inadequate. Jail policy requires that an inmate's legal mail be opened prior to delivery to the inmate. Indeed, numerous prisoners reported receiving opened legal mail. Additionally, prisoners are not allowed to seal outgoing legal mail. These practices are completely unacceptable.
II. Deficiencies in Medical and Mental Health Care and Suicide Prevention.
A. Policies and procedures are inadequate. The Jail has an inmate handbook which details the use of sick call forms to access medical care. The Jail fails, however, to have adequate written policies and procedures regarding the provision of medical care.
B. Receiving screening and routine examinations are deficient. The Jail utilizes a standard form to obtain the medical history of inmates at intake. Our consultant discovered that this form is not routinely used. As such, medical screening is inadequate. Furthermore, the Jail does not examine prisoners or conduct any screening for tuberculosis. Indeed, the facility does not have any policies or procedures regarding tuberculosis or-other communicable diseases.

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C. Sick call is inadequate. Inmates access sick call by completing a form and submitting it to a jailer or trustee, who, in turn, submits it to the Sheriff to make an appointment with a local doctor. Inadequate notes are made as to when the request was received or even the disposition of the request. This "system" is defective.
D. Physician care is deficient. There is no person with medical training (e.g., in medical screening or medication distribution) present at the Jail. Moreover, there is no health care professional who assumes responsibility for ensuring medical attention is provided to the inmates. The Jail has only an informal agreement with a local doctor who reportedly provides services for the prisoners on an as needed basis. No medical records are maintained when the doctor sees the inmate for sick call. Only the doctor maintains a record of any patients sent to his office. No copy of this is sent to the Jail to ensure appropriate care. This is an unacceptable practice.
E. Medication practices are inadequate. Medication is maintained in an unlocked box on the window sill at the dispatcher's desk. This is unacceptable and contrary to generally accepted standards.
F. Mental health care and suicide prevention. The Jail is unable to provide appropriate observation for suicidal inmates and, therefore, transfers inmates to another county jail. Routine mental health care is reportedly provided on an as needed basis.
III. Environmental Health and Safety Deficiencies.
A. Archaic structure presents serious safety hazard. As noted earlier, the Jail is located in a retrofitted 19th century house and is both antiquated and outmoded. See discussion, p.1. As such, it represents in nearly all respects gross departures from generally accepted correctional standards. A modern facility is needed.
B. Fire safety is inadequate. As noted above, there is only one exit from Cell #1, the main stairway leading to the upstairs. This is an unacceptable fire hazard. The stairway fails to provide adequate egress from the building. Significantly, the Jail does not have any smoke detectors. The fire department can only be alerted by the activation of a switch by the dispatcher.
The Jail does have an emergency fire plan. It does not, however, have an emergency plan for any other type of natural disaster, e.g., flood. The Jail does not conduct fire drills. The Jail does not have an emergency generator.

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Our consultant discovered a live electrical outlet approximately a foot away from a toilet without a ground fault circuit interrupter.
C. Plumbing is deficient. The lavatory in the female housing area does not have hot water. The showers in the male housing areas have a step nearly 18 inches high. This poses an extreme danger as it increases the probability of slip and fall accidents. The Jail did not have a vacuum breaker on a hosebib, which can result in back siphonage and water contamination. Our consultant noted that the hot water closet near Cell #1 was cracked open, apparently for past repairs. This area needs to be sealed to prevent harborage areas for vermin and to prevent fire transmission.
D. Bedding supplies. The Jail does not provide any bedsheets or pillows for inmate beds. This practice is unacceptable.
E. Food services are deficient. Food is provided for the Jail by an outside contractor. Our consultant did not evaluate the sanitation practices of the provider. Temperature measurements were, however, taken of the afternoon meals delivered to the inmates. The food was nearly 40 degrees below the minimum level necessary to prevent food-borne illness.
F. Lighting is inadequate. The lighting in the Jail's cellblocks is inadequate, measuring at or below 10 foot-candles. Many lights were burned out and had not been replaced. Lighting at this level is insufficient to protect against possible eye strain and inhibits adequate cleaning and maintenance of cells and personal hygiene.
IV. Remedial Measures Regarding Correctional Deficiencies.
A. Housing areas. Construct a new jail; in the interim renovate the current facility to afford minimal safety.
B. Staffing and supervision. Improve Jail staffing to ensure adequate surveillance and supervision of prisoners. Conduct and properly document routine and, as needed, visual inspections of the housing areas. Inspections of the housing areas must not be compromised due to staff scheduling. Incidents involving violence must be properly documented, both in the individual offender's records and in a master log for the Jail. Master logs regarding violent incidents must be evaluated at appropriate intervals to enable jail administrators to properly deploy and evaluate security personnel.

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C. Out-of-cell/exercise time. Inmates must be provided with exercise outdoors, when weather permits, one hour per day, five days per week. Reasonable exercise equipment and activities should be provided for both indoor and outdoor exercise.
D. Access to religious services. Ensure free exercise of religion by permitting religious services and consultation.
E. Access to the courts and reading materials. Legal mail may only be opened in the presence of the inmate to whom it is addressed. Outgoing legal mail must be sealed by inmates outside the presence of Jail staff.
V. Remedial Measures Regarding Medical and Mental Health Care.
A. Policies and procedures. Create and implement comprehensive written policies and procedures regarding the provision of medical care.
B. Receiving screening and routine examinations. Thoroughly screen and assess the medical history of every inmate within 24 hours of an inmate's entry into the Jail. Ensure that medical conditions are referred to a health care professional. Complete physical exams must be performed by qualified medical staff within "14 days of an inmate's entry into the Jail. Inmates housed in the Jail for more than seven days must be tested for tuberculosis and other communicable diseases, as appropriate.
C. Sick call. Ensure that sick call slips are dated and signed by the submitting inmate, receiving staff member and attending health care professional. Ensure that inmates receive prompt medical and mental health care.
D. Physician care. Retain the services of a "responsible health authority" ("RHA"). The RHA may be a part-time registered nurse, but must be under a doctor's supervision. The registered nurse must have regular hours, conduct routine, periodic triage and "walkthroughs" of the housing areas.
E. Medication. Medication must be maintained in a secure, locked area.
F. Mental health care and suicide prevention. Create and implement comprehensive policies and procedures for the provision of mental health care. Create and implement suicide precautions. Ensure all staff are trained in recognizing and promptly referring to a qualified professional individuals exhibiting common symptoms of mental illness, mental retardation or suicidal behavior.

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VI. Environmental Health and Safety.
A. General sanitation. Review and, as necessary, revise the Jail's housekeeping plan, and implement and document compliance. Ensure routine cleaning of all housing areas.
B. Fire safety. Provide a second door with means of egress from Cell #1. Provide smoke detectors throughout the housing areas. Provide automatic dispatch to the fire department in the event of fire or similar emergency.
Develop, based upon consultation with an appropriate professional, written plans for an emergency disaster, e.g., flood. Provide and maintain an emergency generator.
Correct and maintain all electrical outlets; provide ground fault circuit interrupters where necessary.
C. Plumbing. Improve plumbing pending construction of a new jail. Provide vacuum breakers on all hosebibs. Seal the hot water closet near Cell #1.
D. Bedding supplies. Provide each inmate with adequate bedding, to include, but not be limited to, a pillow, pillowcase, along with sheets and sufficient blankets.
E. Food services. Ensure that food reaches inmates at proper temperatures to protect against food-borne illnesses.
F. Lighting. Improve lighting pending construction of a new jail. Provide lighting adequate for reading and sanitation in the housing areas.
Pursuant to CRIPA, the Attorney General may initiate a lawsuit to correct deficiencies at an institution 49 days after appropriate lo'cal officials are notified of them. 42 U.S.C. § 1997b(a)(1). We expect to hear from you as soon as possible, but no later than 49 days after receipt of this letter, with any response you may have to our findings and a description of the specific steps you have taken, or intend to take, to implement each of the minimum remedies set forth above. If you do not respond within the stated time period, we will consider initiating an action against your jurisdiction to remedy the unlawful conditions.
We look forward to working with you and other County officials to resolve this matter in a reasonable and expeditious manner. If you or any member of your staff have any questions,

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please feel free to contact the attorneys in the Special Litigation Section assigned to this matter, Shanetta Y. Brown, (202) 514-0195, David Deutsch, (202) 514-6270, and Christopher Cheng, (202) 514-8892.
Sincerely,
Deval L. Patrick Assistant Attorney General
Civil Rights Division
cc : William H. Mills, Esquire County Attorney
Mr. Roger Shivers Sheriff Clay County Jail
James L. Wiggins, Esquire United States Attorney Middle District of Georgia

 
 of tfj* Attorney (Setteral
1BasIpngtxxn,]B. (120530

CERTIFICATE OF THE ATTORNEY GENERAL

I, Janet Reno, Attorney General of the United States, certify that with regard to the foregoing Complaint, United States v. Clay County Georgia, er. al . , I have complied with all subsections of 42 U.S.C. § 1997b(a)(1). I certify as well that I have complied with all subsections of 42 U.S.C. § 1997b(a)(2). I further certify, pursuant to 42 U.S.C. § 1997b(a)(3), my belief that this action by the United States is of general public importance and will materially further the vindication of rights, privileges, or immunities secured or protected by the Constitution of the United States.

In addition, I certify that I have the "reasonable cause to believe" set forth in 42 U.S.C. § 1997a to initiate this action. Finally, I certify.that all prerequisites to, the initiation of this suit under 42 U.S.C. § 1997, e_£ seq. . have been met.

Pursuant to 42 U.S.C. § 1997a(c), I have personally signed the foregoing Complaint. Pursuant to 42 U.S.C. § 1997b(b), I am personally signing this Certificate.

Signed this

day of

at

Washington, D.C.

JA^THT RENO Attorney General / o f the United States

U.S. v. Clay Co. JC-GA-010-002

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

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U.S. District Court [LIVE AREA] Middle District of Georgia (Columbus) CIVIL DOCKET FOR CASE #: 4:97-cv-00151-HL

CLOSED

U.S.A. v. Clay County, Georgia, et al Assigned to: Judge Hugh Lawson Demand: $0 Cause: 42:1981 Civil Rights Plaintiff U.S.A.
V. Defendant Clay County, Georgia
Defendant Roger Shivers in his official capacity as Sheriff of Clay County, Georgia.
Defendant Clay County Board of Commissioners in their official capacities

Date Filed: 08/20/1997 Nature of Suit: 440 Civil Rights: Other Jurisdiction: U.S. Government Plaintiff
represented by Hugh Randolph Aderhold, Jr. P.O. Box 1702 Macon, GA 31202-1702 478-621-2728 Email: Randy.Aderhold@usdoj.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by William Harry Mills P.O. Box 565 Blakely, GA 31723 229-723-3428 Email: whmlaw@alltel.net LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by William Harry Mills (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by William Harry Mills (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Date Filed 08/20/1997

#

Docket Text

1 COMPLAINT filed (tlf) (Entered: 08/25/1997)

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08/20/1997 08/26/1997
09/02/1997 01/19/1999 07/03/2000
07/10/2000

2 Consent Agreement executed by all parties. (tlf) (Entered: 08/25/1997)
3 ORDER adopting consent decree as judgment of the court. ( signed by Judge J. R. Elliott ) (tlf) (Entered: 08/28/1997)
Case referred to ARBITRATION (mbr) (Entered: 09/02/1997)
Case Closed. (tlf) (Entered: 01/19/1999)
4 MOTION by U.S.A., Clay County, Georgia, Roger Shivers, Clay Cty BOC to Dismiss (tlf) (Entered: 07/03/2000)
5 ORDER of dismissal ( signed by Judge Hugh Lawson ) [EOD Date 7/12/00] (tlf) (Entered: 07/12/2000)

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