U.S. v. Grenada Co. JC-MS-012-003

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF MISSISSIPPI
WESTERN DIVISION

UNITED STATES OF AMERICA,
Plaintiff, v.

. ) ) )

COUNTY OF GRENADA, MISSISSIPPI; W.H. BIRDSONG, Sheriff Of Grenada County, in his official capacity; JIMMY D. BECK, President of the Grenada County Board of Supervisors, in his official capacity: and HOMER D. TRUSSELL, CHRISTOPHER COLUMBUS HANKINS, CECIL SHELTON, and FRED CARVER, members of the Grenada County Board of Supervisors, in their official capacities,

Defendants.

Civil Rights No.

COMPLAINT
THE UNITED STATES OF AMERICA, Plaintiff, alleges that: 1. 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 et seq.. to enjoin the named Defendants from depriving persons
incarcerated at the Grenada County Jail in Grenada, Mississippi,

of rights, privileges or immunities secured or protected by the United States Constitution.
JURISDICTION, STANDING. AND VENUE 2. This Court has jurisdiction over this action under 28 U.S.C. §1345. 3. The United States has standing to initiate this action pursuant to 42 U.S.C. § 1997a. 4. Venue in the Northern District of Mississippi is proper pursuant to 28 U.S.C. §1391. The claims set forth in this Complaint all arose in said District. 5. The Attorney General has certified that all pre-filing 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.
DEFENDANTS 6. Defendant County of Grenada, Mississippi, owns and operates the jail facility at issue in this action. The County of Grenada is responsible for the conditions of confinement and treatment of the persons detained or incarcerated in the Grenada County Jail. 7. Defendant W.H. Birdsong, sued in his official capacity, is the Sheriff of Grenada County, and is charged by state law with responsibility for the general supervision and control of the County of Grenada Jail. He is responsible for, inter alia, the conditions of confinement in the facility, the policies and
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procedures of the facility, and for the protection and safety of the persons detained or incarcerated therein.
8. Defendant Jimmy D. Beck is sued in his official capacity as President of the Grenada County Board of Supervisors. Defendants Homer D. Trussell, Christopher C. Hankins, Cecil Shelton, and Fred Carver, are sued in their official capacities as members of the Grenada County Board of Supervisors. Under Mississippi law, the Grenada County Board of Supervisors has the authority to appropriate monies in the Grenada County treasury and the responsibility to keep the Grenada County Jail in good repair. The Board also has the responsibility under Mississippi law to make contracts and plan for any new county jail to be constructed, and to ensure the completion of any needed remodeling, renovating, or repairing of the existing facility.
9. Defendants are legally responsible, in whole or in part, for the operation of the Grenada County Jail, its conditions of confinement, and the health and safety of persons detained or incarcerated therein.
FACTUAL A 10. The Grenada County Jail is an "institution" within the meaning of 42 U.S.C. §1997(1). 11. Persons confined in the Grenada County Jail have included men and women, pre-trial detainees, convicted misdemeanants and felons, and juveniles. 12. Defendants have failed to provide persons confined in the Grenada County Jail adequate medical care by, inter alia.
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failing to provide adequate medical screening of inmates at intake, failing to provide inmates with routine, follow-up, and emergency medical care, failing to implement an adequate medication distribution system, and failing to properly store medical supplies and medications.
13. Defendants have failed to provide adequate mental health care services by, inter alia, failing to provide mental health screening upon entry to the jail, failing to provide adequate access to mental health care professionals, and failing to implement suicide prevention measures.
14. The Defendants have subjected inmates at the County of Grenada Jail to unsanitary and unsafe conditions. Defendants have subjected inmates to unsanitary conditions and practices with respect to, inter alia, food services, facility plumbing, and inmate shower areas.
15. The Defendants have failed to provide inmates at the Grenada County Jail with an environment that is adequately fire safe.
16. The Defendants have failed to provide inmates at the County of Grenada Jail with adequate protection from harm by, inter alia, failing to provide adequate security and supervision, sufficient numbers of staff, adequate staff training, and appropriate policies and procedures to safely operate the Jail. Such deficiencies endanger the lives of persons incarcerated or detained in the Jail.
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17. The Defendants have failed to provide inmates with

'I adequate opportunity for out-of-cell/exercise time.

•

VIOLATIONS ALLEGED

18. The acts, practices and omissions of Defendants alleged

in each of paragraphs 12 through 17 violate rights of persons

confined at the Grenada County Jail that are secured or protected

by the Constitution of the United States.

PRAYER FOR RELIEF

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

§1997, e_t seq. to seek equitable relief.

20. Unless restrained by this Court, persons confined at

the County of Grenada Jail will be deprived of rights secured or

protected by the Constitution of the United States.

WHEREFORE, the United States prays that this Court enter an

i

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 herein and to require

Defendants to take such actions as will provide constitutional

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conditions of confinement to inmates at the Grenada County Jail. The United States further prays that this Court grant such other and further equitable relief as it may deem just and proper.
Respectfully submitted,
JANET RENO Attorney General of
/the United States
DEVAL L. TATRICK Assistant Attorney General Civil Rights Division
ALFRED E. MORETON, III United States Attorney Northern District State of Mississippi
ARTHUR E. PEABODY, Chief Civil Rights Division Special Litigation Section
V.
TIMOTHY E/ PAYNE Senior Trial Attorney U.S. Department of Justice Civil Rights Division Special Litigation Section Post Office Box 66400 Washington, D.C. 20035 (202) 514-6441
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(Office of % Attorney (general
Bashtngton.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. Grenada County. Mississippi, et 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, et 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 31st day of October Washington, D.C.

f 1994, at

JANET RENO Attorney General
of the United States

 
 • • • • H U.S. v. Grenada Co. JC-MS-012-004
IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF MISSISSIPPI
WESTERN DIVISION

UNITED STATES OF AMERICA, Plaintiff,
v.
COUNTY OF" GRENADA, MISSISSIPPI, et al. , Defendants.

Civil Rights No.

CONSENT DECREE

TABLE OF CONTENTS
I. INTRODUCTION II. DEFINITIONS III. BACKGROUND IV. SUBSTANTIVE PROVISIONS
A. New Jail B. Security and Supervision C. "Out-of-cell/Exercise Time D. Medical Care E. Mental Health Care/Suicide Prevention F. Environmental Health and Safety G. Fire Safety . V. TIMING OF COMPLIANCE VI. GENERAL PROVISIONS

3 3 4 4-15 4-5 6-7 7 8-10 10-13 14 14-15 15 15-16

I. INTRODUCTION 1. This Court has jurisdiction over this action pursuant to 28 U.S.C. section 1345. 2. Venue in the Northern District of Mississippi, Western Division, is appropriate pursuant to 28 U.S.C. section 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. section 1997.
II. DEFINITIONS 1. "Plaintiff" shall refer to the United States of America. 2. "Defendants" shall refer to Grenada County, Mississippi, the Sheriff of Grenada County, the Jail Administrator or Chief Correctional Officer of the Grenada County Jail, the members of the Grenada County Board of Supervisors, and their agents and successors in office. 3. The acronym "GCOJ" shall refer to the Grenada County Jail. The term "jailors" shall refer to the correctional officers employed by the County at the GCOJ. 4. 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 Grenada County Jail or any facility that is built to replace the Jail. The term "special needs inmate" shall refer to those inmates who are suicidal, mentally ill, mentally retarded, under the influence of alcohol or other substances, or otherwise a danger to themselves or others.
3

5. The term "qualified medical professional" shall refer to a licensed physician or an RN.
III. BACKGROUND 6. On July, 19, 1993, pursuant to its authority under the Civil Rights of Institutionalized Persons Act (CRIPA), 42 U.S.C. § 1997 et seq.. the United States formally notified Grenada County officials of its intent to investigate conditions of confinement at the Grenada County Jail. 7. -On July 28 and 29, 1993, also pursuant to CRIPA, the United States toured GCOJ with expert consultants in the field of penology and environmental health and safety. On October 18, 1993, the United States issued a report/findings letter based on its investigation and expert tour which found that GCOJ operates in violation of the inmates' constitutional rights. 8. The parties to this Decree recognize the constitutional rights of the inmates confined at GCOJ. In order to avoid litigation concerning the constitutionality of the care and confinement of inmates at GCOJ, the parties agree to the provisions set forth in this Consent Decree. IV. SUBSTANTIVE PROVISIONS
A. New Jail 9. The Defendants hereby commit themselves to the construction of a new 125-150 bed jail facility to replace the existing jail, and shall make all necessary and appropriate arrangements for the financing, design, and construction of such facility. The facility is to be completed and in operation by no

later than June 1, 1996. A timetable for completion of the new

jail is as follows:

Task

Date of Completion

Obtain site

June 1, 1994

Final plans & specifications

December 1, 1994

Advertise for construction bids December 1, 1994

Funds secured/issuance of bonds January 1, 1995

Receive bids for construction

January 15, 1995

Awarding of contract

February 1, 1995

Completion of construction

May 1, 1996

Occupancy

June 1, 199 6

10. A copy of the final plans and specifications, once

completed, shall be forwarded for review by Plaintiff and

Plaintiff's experts for the purpose of providing recommendations

and technical assistance to Defendants. Defendants shall

maintain consultation with Plaintiff during the construction

process of the new jail, to include consultation regarding the

staffing levels and various services to be provided at the new

jail. The new jail facility shall be constructed consistent

with currently accepted professional standards for corrections.

11. To ensure protection of the federal constitutional

rights of the inmates housed at the existing facility while a new

jail is being constructed, Defendants shall implement the

corrective measures specified below.

B. Security and Supervision. Defendants shall provide a safe and secure living environment to all inmates housed at GCOJ. To this end, Defendants shall undertake corrective measures in each of the following areas. 12. Staffing. Defendants shall ensure that at all times there are at least three (3) jailors on duty at GCOJ on the day shift (with additional part-time help to be provided on weekends)", two (2) jailors on duty on the evening shift, and two (2) jailors on duty on the midnight shift, seven (7) days a week. Further, when female inmates are housed at GCOJ, Defendants shall ensure there is at least one (1) female jailor on duty on all shifts, whose responsibilities shall include supervising and attending to the needs of the female inmates. Utilizing a relief factor, Defendants shall employ sufficient numbers of officers to maintain these required staffing levels at all times, including periods of staff illness, vacation or other leave of absence. 13. Staff training. Defendants shall implement a comprehensive jail officer training program, to include at minimum 80 hours of pre-service or orientation training to officers (40 hours of which shall be prior to an officer being independently assigned to any particular post), and an additional 4 0 hours of in-service training each year thereafter. Such program shall entail, at minimum, training in the following areas: security and search procedures, use of force, supervision of inmates, report writing, inmate and staff rules and

regulations, rights and responsibilities of inmates, all emergency procedures, interpersonal relations, social/cultural life styles of the inmate population, communication skills, training in first aid and the use of CPR, and training in HIV related issues. Forty (40) hours of training and testing of staff by use of the correspondence course offered by the National Sheriff's Association shall suffice for the required in-service training.
14." Policies and procedures. Defendants shall thoroughly review, and modify where necessary, their existing GCOJ policies and procedures to ensure they relate specifically and are appropriately tailored to the GCOJ facility and its operation. Such policies shall specifically include policies for medical services, including procedures regarding HIV and AIDS developed in conjunction with a physician or the local public health department to provide for, inter alia, appropriate housing, treatment and counseling for HIV+ inmates.
C. Out-of-Cell/Exercise Time 15. Defendants shall ensure, by no later than April 1, 1994, that all inmates are provided at least one (1) hour a day, five (5) days a week, out-of-cell time for the purpose of exercise. Such exercise time shall be provided outdoors, weather permitting. GCOJ shall house no juveniles except those awaiting to be tried as adults, who shall be provided yard time separate from adults.

D. Medical Care. To ensure adequate medical care is provided to inmates housed at GCOJ, Defendants shall provide medical attention and services in accord with currently accepted correctional health care standards. To this end, Defendants shall undertake corrective measures in each of the following areas. 16. Screening. Defendants shall continue to ensure all inmates upon intake are medically screened, utilizing a standard medical screening form. Defendants shall further ensure that medical screening is conducted by appropriately trained staff and that all screening forms indicating a medical condition are reviewed by a qualified medical professional, and become part of the inmate's medical record. 17. Sick call. Defendants shall ensure that sick call for GCOJ inmates is regularly scheduled and conducted by a physician, RN, or LPN at least once a week. As part of this procedure, Defendants shall implement a system whereby inmates seeking medical attention fill out a request slip or "kite" which contains the inmate's name, date, and a description of his/her medical problem. The request slip shall have at least two (2) copies, one to be kept by the inmate. In the event of medical emergencies, i.e.. where an inmate indicates a need to be examined by a medical professional immediately, Defendants shall either have the inmate immediately examined by a medical professional at the jail or transport the inmate immediately to the Grenada County Hospital, also known as the Grenada Lake
8

Medical Center. Any decision to refuse the medical examination or transportation of the inmate to the hospital under such circumstances shall be documented in writing and signed by a qualified medical professional. Further, in the event Defendants utilize an unsupervised LPN for performance of sick call, Defendants shall timely honor all inmate requests to be examined by a physician (whether an emergency condition or not), unless justification for refusal is again documented in writing and signed by a qualified medical professional.
18. Medication administration. Defendants shall ensure that all officers who administer prescription medications to inmates are appropriately trained in medication distribution and in the observance and recognition of medication side effects.
19. Tuberculosis (TB) and other communicable diseases. In all cases of inmates confined at GCOJ for seven days or more, Defendants shall continue their current practice of administering a PPD test for TB with the results of the test forwarded immediately to a medical professional. If the test result is positive, the inmate shall be immediately scheduled for a chest x-ray, with appropriate medical care and attention including isolation to be provided thereafter as indicated. Defendants shall also conduct historical screening for other communicable diseases during the inmate intake process.
20. Storage of Medical supplies. Defendants shall ensure that all potentially dangerous medical supplies, such as needles, syringes, and prescription medications, are securely stored and

maintained under inventory. Medications for inmates who are released shall be disposed of properly and promptly.
E. Mental Health Care/Suicide Prevention Defendants shall provide adequate mental health services and suicide prevention services to GCOJ inmates. To this end, Defendants shall undertake corrective measures in each of the following areas. 21. Mental Health Screening. Defendants shall revise its medical screening form to include sufficient inquiry and assessment regarding mental illness and potential risk of suicide in accordance with professional standards. The mental health and suicide risk portion of the screening questionnaire shall be administered by health trained staff and reviewed by qualified medical or mental health personnel. 22. Consultation/evaluation. For inmates identified as mentally ill or in need of mental health treatment, Defendants shall enter into a formal arrangement with a local mental health professional and/or agency to provide on-call consultation and evaluation services, and shall ensure appropriate suicide precautionary measures and inmate treatment and observation are provided per the mental health professional's evaluation. Such mental health professional shall visit the jail facility at least once a week. 23. Suicide prevention program. Defendants shall develop and implement written policies and procedures on suicide
10

prevention and the treatment of special needs inmates, which shall include, but not be limited to, the following:
a) the appropriate housing of all special needs inmates; b) the establishment of two levels of supervision of special needs inmates — "constant watch" and "close watch". Special needs inmates not identified as currently suicidal shall be assigned to "close watch" " supervision and visually monitored by GCOJ staff at regular intervals of not more than fifteen minutes; special needs inmates who are currently suicidal shall be assigned to "constant watch" supervision and, if not transferred to a local hospital, shall be housed in a medical unit or other appropriately safe environment, and shall be visually monitored at all times by a jail officer. Jail officers shall log all monitoring in a separate suicide watch book. c) the communication of information relating to special needs inmates between and among all GCOJ staff members, between arresting and transporting officers and GCOJ staff, between GCOJ staff and jail administration, and between GCOJ staff and the special needs inmate; d) the notification by GCOJ staff to local or state mental health authorities that a special needs inmate (except intoxicated) has been admitted to the
11

Jail; e) the notification to the special needs inmate's family (except those inmates incarcerated for intoxication) that he or she has been admitted to GCOJ; f) the assessment of all special needs inmates as soon as reasonably possible by a qualified mental health professional to assess the inmate's level of suicide risk; g) the establishment of a mechanism by which GCOJ staff will communicate with health care providers regarding the status of potentially suicidal inmates or inmates who have recently attempted suicide; h) the establishment of a mechanism by which GCOJ staff will refer potentially suicidal inmates and inmates who have recently attempted suicide to mental health care providers or facilities for placement; i) the documentation of all attempted and completed suicides and notification to jail administrators, outside authorities and family members of all attempted and completed suicides; j) the establishment of follow-up and administrative review procedures for all attempted and completed suicides, including the determination of what changes, if any, are needed in the Suicide Prevention Program;
12

24. Staff training. As part of the jail officer training program required by Section A., subpart 13, herein, Defendants shall ensure that each officer is adequately trained in recognizing common symptoms of mental illness, mental retardation, and suicidal behavior, and is trained in suicide prevention measures. Specifically, Defendants shall provide each officer, pre-service, with adequate suicide prevention training by a qualified mental health professional to include training regarding: proper officer response to a suicide or suicide attempt, including how to cut down a hanging victim and other first-aid measures; and the high-risk groups and periods for suicides and suicide attempts.
25. Elimination of physical hazards. Defendants shall identify and eliminate all physical hazards, e.g.. shower bars or bar grates covering lights, which present a serious risk to suicidal or potentially suicidal inmates.
26. Suicide prevention equipment. Defendants shall purchase and maintain in an area easily accessible to the cellblock appropriate rescue equipment, i.e., a rescue tool for rapid cutting of fibrous materials utilized in attempted hangings, disposable rubber gloves, a CPR pocket mask, and any other equipment Defendants deem appropriate, to ensure that staff can effectively intervene in the event of attempted suicide.
13

F. Environmental Health & Safety. Defendants shall provide GCOJ inmates with adequate food, clothing and shelter. To this end, Defendants shall undertake corrective measures in each of the following areas. 27. Food service. Defendants shall ensure all inmates receive three (3) meals a day, and that distribution of meals is supervised by staff. All meals shall be nutritionally adequate, as determined -and so documented by a qualified dietician. Further,"Defendants shall ensure that food is served to the inmates at appropriate temperatures, i.e.. hot food at no less than 14 0 degrees fahrenheit, and cold food at no more than 45 degrees fahrenheit. 28. Plumbing. Defendants shall continue to repair or replace all defective plumbing at GCOJ and shall maintain the plumbing so as to ensure safe distribution of potable water and the proper removal of waste and waste water within the cell housing areas. 29. Showers. Defendants have sandblasted, cleaned, and painted all showers in the jail. Defendants shall continue to provide for routine and ongoing cleaning and sanitizing of the showers and shower areas.
G. Fire Safety 30. Fire safety. Defendants shall ensure GCOJ is maintained in an adequately fire safe condition. To this end, Defendants shall provide: a functional fire alarm and smoke detection system in the jail; written fire emergency response
14

procedures (including evacuation procedures); training of staff and inmates regarding the fire emergency response procedures, including fire suppression and facility evacuation; posted evacuation plan; regularly scheduled fire drills; color-coding of jail keys to expedite evacuation of inmates from their cells; compliance with State fire codes; and annual inspections by the local fire department or the State Fire Marshal's office.
V. TIMING OF COMPLIANCE 31." Except where otherwise specifically indicated, the Defendants shall implement all provisions of this Order by no later than March 15, 1995. 32. The Defendants shall, every 90 days following the signing of this Order, file with the Court and with copy to the United States a status report stating how the Defendants are complying with each requirement of this Order. 33. If Defendants fail to timely comply with the requirements of this Order, the United States shall have the right to seek additional relief from the Court. VI. GENERAL PROVISIONS 34. During all times while the Court maintains jurisdiction over this action, the United States shall have unrestricted access to all documents which relate to the implementation of this Order. The United States shall have unrestricted access to all records and recordings, and to all staff and facilities as necessary to address issues affected by this Order.
15

35. The Defendants shall immediately explain the terms of this Order to all GCOJ staff members and other individuals providing services required by this Order, in order to ensure that they understand the requirements of this Order and the necessity for its strict compliance. All GCOJ staff members and other individuals providing services required by this Order shall sign a statement indicating that they have read and understand this Order. Such statement shall be retained by the Defendants. The Defendants shall require strict compliance with this Order by their respective employees, agencies, assigns, or successors.
36. The parties contemplate that at such time the Defendants have achieved compliance with the terms and objectives of this Order, and have maintained such compliance for a sustained period of one year or more, the parties shall jointly move this Court to vacate this Order and to terminate the Court's jurisdiction over this action. Should Defendants believe that substantial compliance with the terms and objectives of this Order have been accomplished at any time before this date, Defendants may unilaterally move this Court for termination of this litigation. Defendants shall bear the burden regarding any such unilateral motion to demonstrate by full and convincing evidence that Defendants have fully complied with all requirements of this decree.
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Agreed to by:

COUNSEL FOR UNITED STATES:

Date:

_ _ , 1994

ALFRED E. MORETON, III United States Attorney Northern District of
Mississippi

)EVAL L. PATRICK

N

Assistant Attorney General

Civil Rights Division

ARTHUR E. PEABODY, Chief Special Litigation Section
TIMOTHY R./PAYNE u Attorney^/ U.S. Department of Justice Civil Rights Division Special Litigation Section Post Office Box 66400 Washington, D.C. 20035 (202) 514-6441

17

COUNSEL FOR DEFENDANTS-GRENADA COUNTY AND GRENADA COUNTY BOARD OF SUPERVISORS:

Date:

, 1994

lada County Board Attorney Green St. Courthouse Square Grenada, MS 3 8901 (601) 226-1891

It is hereby Ordered, this

day of

, 1994.

UNITED STATES DISTRICT JUDGE

18

 
 U.S. Department of Justice Civil Rights Division

.v of the Asy.^.r Aw,? Cer.era!

UUM,^JK. DC 2OoV5

REGISTERED MAIL RETURN RECEIPT REQUESTED

JUL I 9 1993

BY "FEDERAL EXPRESS

Mr. Jimmy Beck

President

•Grenada County Board of

Supervisors

59 Green Street, Courthouse

Square

Grenada, Mississippi 38901

Re: Investigation of the Grenada County Jail

in Grenada, Mississippi

:

Dear Mr. Beck:

I am writing to inform you of our intention to investigate conditions at the Grenada County Jail in Grenada, Mississippi. The investigation is pursuant to the Civil Rights of Institutionalized Persons Act, 42 U.S.C. § 1997 et seq.

The purpose of the investigation will be to determine whether conditions at the Grenada County Jail violate the constitutional rights of the inmates confined there. The investigation will focus on, among other things: (1) securitv guard staffing, (2) classification of inmates, (3) structural deficiencies, (4) operational deficiencies (5) adequacy of firesafety precautions, (6) medical and mental health services, (7) suicide precautions, and (8) safety of inmates. Initiating this investigation in no way evidences any prejudgment that conditions at the jail violate the constitutional rights of the inmates. If any violations are found, however, we will confer with you and your staff concerning appropriate corrective actions.

As a means of commencing the investigation, we wish to arrange for our attorneys, consultants, and perhaps agents of the Federal Bureau of Investigation to visit and tour the facility. We are currently planning to tour the facility on July 28 and 29, 1993. We will be contacting the County Attorney in the near future in this regard.

U.S. v. Grenada Co.

I ••

••••

••

JC-MS-012-001

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Your cooperation in this matter is greatly appreciated,
Sincerely,
^ James P. Turner Acting Assistant Attorney General
Civil Rights Division
cc: Jay Gore, Jr., Esquire Grenada County Attorney
Mr. W. H. Birdsong Grenada County Sheriff
Alfred E. Moreton, III, Esquire United States Attorney Northern District of Mississippi

 
 U.S. Department of Justice Civil Rights Division

Ofjice of the Aait'.cnt A::OT.;;, Cental

DC. 20530

REGISTERED MAIL RETURN RECEIPT REQUESTED
Mr. Jimmy Beck President Grenada County Board of Supervisors 59 Green Street, Courthouse Square Grenada, Mississippi 38901

OCT ! 8 |c>93

Re: Notice of Findings of Investigation, Grenada County Jail

Dear Mr. Beck:

On July 19, 1993, we notified you of our intent to investigate the Grenada County Jail (hereinafter "Jail") pursuant to the Civil Rights of Institutionalized Persons Act, 42 U.S.C. § 1997 et sea. Consistent with statutory requirements, we are now writing to advise you of the findings of this investigation. Throughout the course of this investigation, County officials, including the Sheriff, County Attorney, and jail personnel, provided us with substantial assistance and their full cooperation. Our consultants expressedtappreciation for this assistance, and we wish to join them in thanking you for your cooperation.

In making our findings, we recognize that both pretrial

detainees and sentenced inmates are~ confined at the Grenada

County Jail. In general, inmates may not be subjected to

conditions that are incompatible with evolving standards of

decency or deprived of their basic human needs while

incarcerated. See Estelle v. Gamble, 429 U.S. 97 (1976). With

respect to the pretrial detainees, the Fourteenth Amendment

prohibits punishment of these persons or any restrictive act or

practice which is not reasonably related to a legitimate

governmental objective, such as ensuring the detainees' presence

at trial or maintaining jail 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,

U.S. , 111 S.Ct.

2321 (1991); Rhodes v. Chapman. 452 U.S. 337 (1981). When

convicted prisoners are not, as here, separated fron pretrial

U.S. v. Grenada Co.

JC-MS-0 2-002

- 2-
detainees, the Fourteenth Amendment standard applies no all inmates.
Based on our investigation, we believe that conditions at the Jail violate the constitutional rights of the prisoners confined therein. These conditions are:
I. Security and Supervision at the Jail are Inadequate.
1. Staffing and supervision. The staffing at the Jail is seriously inadequate. In addition to the Jail administrator, there are only four dispatchers/jailers who work eight hour shifts. These dispatchers essentially do not go into the Jail and cannot respond to problems or disturbances in the Jail (they must summon a police officer off road patrol) . For all practical purposes, two inmate trustees run the Jail. Inmates must rely on these trustees for their basic needs, e.g.. provision of toothpaste, toilet paper, materials to clean their cells, and serving of meals. This situation is dangerous and violates one of the basic tenets of jail administration by placing an inmate in a position of authority over other inmates. Any number of abuses can result, including strong-arming, theft, and payoffs via money or sex (it should be noted that the facility also confines female inmates) to obtain basic necessities. Indeed, our tour revealed that there currently exists a problem with violence in the Jail, especially with inmate-upon-inmate assaults. All of these dangers are exacerbated when facility overcrowding occurs.
2. Staff training. The facility staff receives no jailspecific training whatsoever. Training in small jail operations is necessary to provide staff with the requisite skills and knowledge to effectively perform their duties and to hold staff accountable for their job performances. Without proper staff training in such matters as jail security, emergency response (e.cr. , in case of fire or attempted-suicide) , medical screening, medication distribution, or use of CPR, unnecessary harm can occur.
3. Policies and procedures. The facility does not have an adequate set of policies and procedures that pertain specifically to the operation of the Grenada County Jail. The facility does have a comprehensive policies manual, but it is a "model" manual that the Jail has essentially adopted verbatim by simply inserting "Grenada County Jail" in various places. Contrary to the intended purpose of model manuals, no attempt has been made to make these policies and procedures specific to this facility's physical plant and operational realities. A specific concern regards the facility's policy on the use of mace, which fails to delineate appropriate health and safety precautions to be taken after mace is used.

- 3-
-4. Out-cf-cell/exercise tine. The facility does not provide insatss with adequate out-of-cell or exercise tine. The Jail does have an outdoor exercise ya"rd, but it is rarely used; as acknowledged by both inmates and staff. This appears to be due to the unavailability of any staff to supervise the yard and security problems presented by the yard — e.g., the yard is next to a residence and a public street, contains a small storage building, doubles as an impound lot for cars, and the fence is only seven feet high.
5. Housing of juveniles. During our inspection there were four juveniles, confined in two 2-person cells separate from the adult housing area, awaiting trial as adults. Two of the four juveniles had been incarcerated pre-trial for approximately one year. The other two juveniles had been confined for roughly four months. Some serious concerns were noted. First, as with the adults, these juveniles are afforded no opportunities for any exercise or yard time. Second, one of the cells (the cell with a phone in it), had separate bar grates covering a light in the ceiling and what appeared to be a vent on the wall. Both grates present suicide risks to juvenile detainees who might be suicidal.
II. Medical and Mental Health Care and Suicide Prevention are Seriously Deficient.
1. Medical care. Due to numerous deficiencies with respect to delivery of medical care to inmates, overall medical care is inadequate. First, the medical screening form is not being filled out routinely or completely on inmate admissions. Second, there is no formal sick call procedure, and inmates must go through inmate trustees for requests for medical attention. Third, it is improper to have inmate trustees distributing medication to other inmates. Fourth, the facility keeps inmate medications after the inmate's release. Fifth, the facility is not conducting adequate communicable disease screening or testing, e.g., only inmates designated for transfer to the State Department of Corrections are tested for tuberculosis. Sixth, dangerous medical materials such as needles and syringes are not securely stored. Lastly, the facility lacks adequate first-aid supplies and does not train staff in first-aid or CPR techniques. Such supplies and training are essential because there are no medical personnel on-site.
2. Mentally ill inmates/suicide prevention. The facility inadequately provides for inmates with mental health needs. Staff is not trained in recognizing common symptoms of mental illness or in identification and observation of suicidal inmates. Also, there are numerous hazards presented by physical features at the Jail which are conducive to commission of suicide, e.g., shower bars, and open bar cell fronts with high cross bars.

III.

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Serious Environmental Health ar.d Safety Deficiencies Exist at the Jail.

1. Food services. Food services are deficient. Food is prepared by a local hospital under contract, with the Jail responsible for pick-up and delivery of the food. The food is transported to the Jail by car, without use of thermo-insulated containers or other means by which to maintain food temperatures. During our inspection, food temperatures dropped substantially during transport between the hospital and the Jail, and hot food was served to inmates at substandard temperatures. Substantial reduction in food temperatures presents a serious threat to inmate health because it facilitates the occurrence and progression of food-borne disease.

Also, meals are distributed to the inmates not by staff but by inmate trustees. This creates security problems as food is a valuable commodity in a jail. Indeed, we discovered that assaults had taken place because inmates were trying to strongarm other inmates out of their meals.

2. Defective plumbing. The plumbing in the facility is seriously deficient. The plumbing system in the pipe chases on both the longside and shortside cell blocks is defective and needs immediate repair. This defective system is causing leaking pipes and partial flooding of floors within the pipe chases, and water seepage on the floors in adjacent cells. Further, not all toilets are functional.

3. Environmental sanitation of showers. The showers in the Jail are unsanitary. There was no evidence during our inspection of routine cleaning and sanitizing of showers. Mold growth, soap scum and heavy residues of soil build up were found on shower floors and walls. Such filthy shower conditions substantially increase the opportunity for the occurrence and progression of infectious disease, e.g., ring worm of the foot and other related diseases.

4. Cell lighting. Cell lighting in the Jail is substandard throughout the housing areas. Measurements revealed a range of five to seven footcandles of artificial lighting. Lighting at this level is insufficient to protect against possible eye strain and inhibits adequate cleaning and maintenance of cells and maintenance of personal hygiene.

5. Fire safety. The facility has a number of fire safety deficiencies. We observed no posted fire evacuation plan conspicuous to both inmates and Jail staff to facilitate the expeditious and orderly removal of inmates and staff out of the facility in the event of fire. In the absence of an evacuation plan, no written or oral information was given to inmates or staff regarding emergency evacuation. Further, there is a total

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absence of staff training and written procedures not only ir. fire evacuation but also in fire suppression. Moreover, the Jail has neither a sprinkling system nor a functional fire and smoke alarm system to provide adequate notification of a fire emergency to Jail staff, thus posing the potential for loss of life in the event of an undetected fire.
MINIMAL REMEDIAL MEASURES
To rectify these deficiencies at the Jail and to ensure that constitutional conditions are achieved, we recommend that the following remedial measures be implemented:
I., Security and Supervision.
1. Staffing and supervision. Ensure the following staffing pattern for the Jail: day shift - three staff (plus one parttime person' on weekends); evening shift - two staff; night shift - two staff. To attain this staffing pattern, 10 new positions are required. Since the facility confines women inmates, at least one female staf-f person should always be on duty.
2. Staff training. Provide adequate training to all staff in adult detention facility operations, specific to operations at the Grenada County Jail.
3. Policies and procedures. Develop and implement adequate policies and procedures that relate specifically to operations at the Grenada County Jail.
4. Out-of-cell/exercise time. Affprd all incarcerated persons a minimum of one hour of exercise at least five tim.es a week. Juveniles should receive their exercise or yard time separate from adults.
II. Medical and Mental Health Care-and Suicide Prevention.
1. Medical care. Ensure provision of adequate medical care to inmates. To do so, the facility must, at least: provide appropriate training to all officers who conduct medical screening, and ensure all screening forms which indicate a medical condition are appropriately responded to; develop and implement a formal sick call procedure, utilizing a standard written request form that is submitted by inmates to staff and maintained as a record; ensure that appropriately trained staff distributes medication to inmates; ensure prompt and proper disposal of medications for inmates who have been released; conduct historical screening for communicable diseases at intake and, specifically, conduct TB testing for all inmates incarcerated seven days or more; maintain an up-to-date inventory of all needles and syringes, ensuring proper storage and disposal

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of such materials; provide an adequate first-aid kit for the Jail and provide training to staff in first-aid and use of CPR.
2. Mentally ill inmates/suicide prevention. Ensure adequate policies for suicide prevention and ensure staff is adequately trained by a mental health professional in recognizing common symptoms of mental illness and in identification and observation of suicidal inmates. Also, eliminate all physical hazards which present a serious risk to suicidal or potentially suicidal inmates, including hazards in juvenile cells.
III. Environmental Health and Safety.
1. Food services. Ensure that food is served to inmates at appropriate temperatures. Further, ensure that distribution of meals is supervised by staff and appropriately monitored.
2. Plumbing. Repair or replace all defective plumbing so as to ensure safe distribution of potable water and the proper removal of all waste and waste water within the cell housing areas.
3. Environmental sanitation of showers. Clean and sanitize all showers in the Jail and provide for routine and ongoing cleaning and sanitizing of the showers and shower areas.
4. Cell lighting. The Jail must provide adequate lighting in inmate living areas.
5. Fire Safety. Ensure the facility is fire safe by providing: a fire alarm and smoke detection system; written disaster preparedness (including fire emergencies) and evacuation procedures; a posted evacuation plan; training of staff and — inmates regarding fire suppression and emergency evacuation; routine (e.g. quarterly) fire drills; and color-coding of Jail keys to expedite evacuation.
Pursuant to CRIPA, the Attorney General may initiate a lawsuit to correct deficiencies at an institution 49 days after appropriate local officials are notified of them. 42 U.S.C. sec. 1997b(a)(1). That period expires on December 6, 1993. Therefore, we anticipate hearing from you before that date 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 unconstitutional conditions.

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We look forward to working with you and other County officials to resolve this matter in a reasonable and expeditious manner. If you or your staff have any questions, please feel free to contact Timothy R. Payne, Senior Trial Attorney, Special Litigation Section, at (202) 514-6441.
Sincerely,
James P. Turner Acting Assistant Attorney General
Civil Rights Division
cc: Jay Gore, Jr., Esquire Grenada County Board of Supervisors Attorney
Mr. W. K. Birdsong, Grenada County Sheriff
Alfred E. Moreton, III, Esquire United States AttorneyState of Mississippi Northern District

 
 U.S. v. Grenada Co.

T. 11/8/94
AEP:DD:TR?:WGX:IG:CA:cmw DJ 168-40-55 DJ 168-40-53 DJ 168-40-55

JC-MS-012-005

Noverier 8, 19 94
EXPRESS MAIL
Alfred E. Merer or., Ill, Esq. United States Attorney Northern District of Mississippi 911 Jackson Ave., Rm. 265 Oxford, MS 3 5555
Re: United States v. County of Grenada, Mississippi, et al.; United States v."Citv of Tupelo, Mississippi, et al.; United States v. City of Corinth, et al.
Dear Mr. Moreton:
In accordance with our conversation, I am enclosing an original and four copies of the Complaints, Certificates, and Consent Orders in the above-referenced matters involving our investigations into conditions at the Grenada County Jail, Tupelo City Jail, and Corinth City Jail.
Your signature is needed on each of the Consent Decrees and Complaints prior to filing with the Court on November 15, 1994.
As discussed, the parties to each of these Consent Decrees seek to have them entered as an order of the Court. Accordingly, the last page of each Decree provides space for the signature and entry of the Order by the District Court Judge. Please have a copy of the filed Complaints and Consent Orders date stamped and returned to us in the enclosed envelope. Kindly serve the Complaint and Consent Order on opposing counsel in the preaddressed envelopes enclosed.
As soon as the papers are filed, please contact me at (202) 514-6264 so that we can make final arrangements as to the press release. A copy of that press release will be telefaxed to your office.
cc: Records Chrono Peabody Deutsch Payne-Maddox Goldschmidt Alford Eold

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j
Thank you again for your assistance. If you have any - questions please contact me.
Sincerely,

Enclosures

Iris Goldschmidt Trial Attorney
Special Litigation Section

 
 CM/ECF v2.4 - U.S. District Court for the Northern District of Mississippi - Docket Report Page 1 of 2

U.S. District Court Northern District of Mississippi (Western Division) CIVIL DOCKET FOR CASE #: 3:94-cv-00172-NBB

CLOSED

USA v. County of Grenada MS, et al Assigned to: Neal B. Biggers Demand: $0 Case in other court: Cause: 28:1343 Violation of Civil Rights
Plaintiff
United States of America

Date Filed: 11/14/1994 Jury Demand: None Nature of Suit: 440 Civil Rights: Other Jurisdiction: U.S. Government Plaintiff
represented by Alfred E. Moreton, III U.S. ATTORNEY'S OFFICE 900 Jefferson Avenue Oxford, MS 38655-3608 (662) 234-3351 LEAD ATTORNEY ATTORNEY TO BE NOTICED

V. Defendant County of Grenada, Mississippi
Defendant Sheriff W. H. Birdsong Sheriff of Grenada County
Defendant Jimmy D. Beck President of the Grenada County Board of Supervisors, in his official capacity
Defendant Homer D. Trussell
Defendant Christopher Columbus Hankins
Defendant Cecil Shelton
Defendant Fred Carver members of the Grenada County Board

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CM/ECF v2.4 - U.S. District Court for the Northern District of Mississippi - Docket Report Page 2 of 2

of Supervisors, in their official capacities

Date Filed 11/14/1994
11/14/1994
11/17/1994
11/22/1994 05/03/1995 06/06/2001

#

Docket Text

1 COMPLAINT for violation of inmate civil rights (tab) (Entered: 11/15/1994)

NOTICE OF ASSIGNMENT Judge Neal B. Biggers Jr. and Magistrate Judge Jerry A. Davis (tab) (Entered: 11/15/1994)

2 CONSENT DECREE (signed by Judge Neal B. Biggers Jr. on 11/17/94) (tab) (Entered: 11/18/1994)

**Magistrate Reassigned to Magistrate Judge S. A. Alexander (admin)

Case closed (tab)

File Sent to FRC - temporary. (nfs)

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05/24/2005 10:22:53

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Description: Docket Report Search Criteria: 3:94-cv-00172-NBB

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