"Si*
THE UNITED STATES DISTRICT CS'JRT NORTHERN DISTRICT OF GEORGIA
ATLANTA DIVISION

MAR 2$ 1993

JC:-.W DOE i, by his next frier.5 MARY DOE 1; JOHN DOE 2 by his next friend MARY DOE 2; JANE ROE 1, by her next friend MARY ROE 1; JANE ROE 2, by her next friend MARY ROE 2; JANE ROE 3 by her next friend, MARY ROE 3,
Plaintiffs,
v.
GEORGE NAPPER, JR., in his official capacity as Commissioner of the Georgia Department of Children and Youth Services; JAMES PHILLIPS, in his official capacity as Director of the Marietta Regional Youth Detention Center; WERNER ROGERS, in his official capacity as Georgia State School Superintendent; and the Georgia STATE BOARD OF EDUCATION,

Doe v. Napper

THOMAS. Cl»rk
Deputy Clerk

JI-GA-001-001 CIVIL ACTION FILE K2-.
1 93-CV- 642
-JEC

Defendants.

COMPLAINT CLASS ACTION
I. PRELIMINARY STATEMENT 1 .
This is a civil rights class action which challenges policies, practices, and conditions of confinement at the Marietta Regional Youth Detention Center (KRYDC) in Marietta, Gecrgia. Plaintiffs are juveniles who are confined at KRYDC and who h=ve been subjected by Defendants, acting under color of state law, to cruel, unconscionable, and illegal conditions of confinement.

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2. Plaintiffs John Doe 1, John Doe 2, Jane Rc= ", Jane Roe 2, and Jane Roe 3 seek declaratory, injunctive, and otr.^r equitable relief on behalf of themselves end all other juveniles sir.ilarly situated who are, or who will be, confined at MRYDC and thereby subjected to the cruel, unconscionable, and illegal practices of Defendants.
3. Plaintiffs challenge the overcrowding at the facility as well as the unsafe and unsanitary conditions of ccr.finement including the lack of heat and adequate bathroom and sanitary accommodations. Plaintiffs also challenge thestructural integrity of the MRYDC in which, among other things, manual locking mechanisms render the facility a firetrap. The conditions complained cf are exacerbated by wholly inadequate staffing levels.
Plaintiffs also challenge the inadequate medical and psychiatric services provided by the Defendants, as well as inadequate access to the courts, the lack of appropriate educational services, and the failure of the Defendants to provide appropriate alternatives to jail.
5. The Department of Children and Youth Services Defendants have long been aware of the abysmal conditions of the MRYDC but have failed to remedy those conditions. They have been and remain

deliberately indifferent to the plight of the children who are entrusted to their care.
e.
Defendants also have failed to ensure that ell children at the MRYDC receive the appropriate education to which they are e n t i t l e d .
7. Plaintiffs challenge the conditions of their confinement as violative of the Eighth and Fourteenth Amendments to the United States Constitution. Defendants' practices which limit and interfere with Plaintiffs' rights of access to the courts violate the First and Sixth Amendments to the United States Constitution.
8. P l a i n t i f f s also seek relief under the Juvenile J u s t i c e Act, which mandates that s t a t e s provide for alternatives t o j a i l in c e r t a i n s i t u a t i o n s , and under the Education fcr the Handicapped Act, which r e q u i r e s t h a t a l l children get a free and a p p r o p r i a t e public education.
I I . JURISDICTION AND VENUE 9.
J u r i s d i c t i o n i s conferred on t h i s Court by 23 U.S.C. §§ 1331, and 1343(3) and ( 4 ) . Declaratory "arid inj-.-.ct i ve r e l i e f i s a u t h o r i z e d under 28 U.S.C. §§ 2201 and 2202 an: Federal Rules of C i v i l Procedure 57 and 65.

10.
Venue i n t h i s case i s authorized by 28 U.S.C. § 1391(b) and (e).

III. PLAINTIFFS

11 .

Plaintiff John Doe 1 is 16 years of age, a citizen of the

United States and a resident of Conyers, Georgia. He is currently

confined in the MRYDC and has been so confined since December 2,

1992. He brings this action by and through Mary Doe 1, his mother

and next friend.

12.

Plaintiff John Doe 2 is 15 years of age,~a citizen of the

United States and a resident of Atlanta, Georgia. He is currently

>' confined in the MRYDC and has been so confined since August 28,

1992. He brings this action by and through Mary^Doe 2, his mother

and next friend.

13.

Plaintiff Jane Roe 1 is 16 years of age, a citizen of the

United States and a resident of Austell, Georgia. She is currently

confined in the KRYDC and has been so confined since January 8,

1993. She brings this action by and through Kary ?.oe 1, her mother

and next friend.

""

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14. Plaintiff Jane Roe 2 is 16 years of age, a citizen of the United States and a resident of Smyrna, Georgia. She is currently confined in the MRYDC and has been so confined since February 15, 1993. She brings this action by and through Mary Roe 2, her mother and next friend.
15. Plaintiff Jane Roe 3 is 15 years of age, a citizen of the United States and a resident of Marietta, Georgia. She is currently confined in the MRYDC and has been so confined since December 10, 1992. Prior to her incarceration, she attended special education classes. She brings this action by and through Mary Roe 3, her mother and next friend.

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IV. DEFENDANTS

16.

Defendant George Napper, Jr. is the Commissioner of the

Georgia Department of Children and Youth Services. In that

capacity he is the chief administrative officer of the Department

and responsible for supervising, directing, accounting for,

organizing, planning, administering, and executing the functions of

the Department. As Commissioner, he oversees KRY3C and promulgates

and administers regulations, policies, and rules affecting

juveniles confined at MRYDC.

17.

Defendant Jasr.es Phillips is the Director cf MRYDC. As such,

he is responsible for the day to day administration and management

of MRYDC, for formulating, ir.plenenting, ar.d approving policies and

decisions affectirug juveniles confined at MRYDC, and for training,

directing, and supervising persons at MRYDC responsible for the

care and custody of Plaintiffs.

18.

- _

Defendant Weraer Rogers is the State School Superintendent.

As such, he is the executive officer of the State Board of

Education. He is responsible for administering, implementing, and

enforcing laws, r~ules, and regulations governing educational

programs in Georgi3, including those programs providing special

education services to children in Georgia who have special

educational needs.

19.

The State Boar~d of Education is the state agency primarily

responsible for the state supervision of public elementary -

and secondary schocls. Its responsibilities include providing a

free and appropriate education to all handicapped children in

Georgia.

f.

V. CLASS ACTION ALLEGATIONS

20.

The named Plaintiffs bring this action pjr£_- = r.t tc Rule 23(e)

and (b)(2) of the Federcl Rules of Civil Procedure and Local Pule

300 on behalf of themselves and all others similarly situated. The

class consists of all juveniles who are now or in the future will be confined at MRYDC. All class members assert claims against Defendants Napper and Phillips.

21.

Plaintiff Jane Roe 3 represents a subclass of those who are

entitled to services under the Education for the Handicapped Act who do not receive such services. Members of the subclass assert claims against all Defendants.

22.

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The class and the subclass are so numerous that joinder of all

members is impractical. On information and .belief, the class consists of some 50 juveniles presently confined at MRYDC with others brought into the institution on a regular basi~s. On

information and belief, the subclass is composed of some 30% of the

class merriers . The records of the subclass members remain

confidential.

23.

------

The representative parties will fairly and adequately protect

the interests of the class and of the subclass. Their claims are

not antagonistic to those of the class or of the subclass.

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Additionally, Plaintiffs are represented by attorneys experienced in litigation concerning the laws involved herein and in class litigation.
24. There are substantial questions of law and fact common to the members of the Plaintiff class and of the subclass. The practices of the Defendants present factual questions cordon to each member of the class and of the subclass. The constitutional and statutory challenges addressed herein present issues of law common to each member of the class and of the subclass.
25. The claims of the named Plaintiffs are typical of those of the class and of the subclass and predominate over any questions affecting only individual members.
26. Defendants have acted on grounds applicable to the class and to the subclass, thereby making appropriate final injunctive relief and corresponding declaratory relief with respect to the class and the subclass as a whole.
27. The injuries suffered by the named Plaintiffs and the members of the Plaintiff class and subclass as a result c: the policies and practices of the Defendants are capable of repetition, yet may evade review, thereby making class relief appropriate to the class and the subclass.
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V I . CONSTITUTIOKAL AND STATUTORY rrJ-VTW A. UNITED STATES CONSTITUTE'." 28.
The First Artendner.t to the United States Ccr.stitution provides that Congress shall make no law abridging the freedom of speech or the right to petition the government for a redress of grievances.
29. The Sixth Amendment to the United States Constitution provides that in all criminal prosecutions the accused shall be entitled to have the assistance of counsel for his defense.
30. The Eighth Amendment to the United S.a.tes Constitution prohibits the infliction of cruel and unusual punishments.
31 .
The Fourteenth Amendment to the United States Constitution provides that no state shall deprive any person-of life, liberty, or property, without due .process o f law. The Amendment further provides that Congress shall have the power to enforce, by appropriate legislation, the provisions of the Amendment.
B. THE CIVIL RIGHTS ACT " ' 32 •
42 U.S.C. § 1983 provides that: Any person who, under color of any statute, ordinance, r e g u l a t i o n , custorr,, or usage, o f any state, ... subjects, or causes to be subjected, any citizen c: the United States or other persons within the jurisdiction thereof to the deprivation of any rights, privileges, or

immunities secured by the Constitution ani laws, shall be liable to the party injured in an action *: law, suit in equity, or other proper proceeding for redress.
C. JUVENILE JUSTICE ACT
33.
The Juvenile Justice Act, 42 U.S.C. § 5601 et seq. . has among
its purposes the diversion of juveniles froc the traditional
juvenile justice system and the provision of critically needed
alternatives to institutionalization. 42 U.S.C. § 5602(b).
34.
As a condition of receiving federal funding under the Juvenile
Justice Act, each state is required to submit ss.d maintain a plan
meeting certain requirements. Among them is the requirement that
a state expend at least 75% of its grant funds:
for advanced techniques in developing, maintaining, and expanding services designed to prevent juvenile delinquency, to divert juveniles from _the juvenile justice system, to provide community-basec alternatives to secure confinement in detention facilities and secure correctional facilities, to encourage a diversity of alternatives within the juvenile justice system, to establish and adopt juvenile justice star.csrds, and to provide programs for juveniles, including these processed in the criminal justice system, who have committed serious crimes, particularly programs which are designed to improve sentencing procedures, provide resources necessary for informed dispositions, provide for effective rehabilitation, and facilitate the coordination of services between the juvenile justice end criminal justice systems.
42 U.S.C. § 5633(a)(10) .

35. A further condition of federal funding is tr.r requirement that juveniles who are charged with or who :=ve corvii tted offenses thai, would not be criminal if c:r:r.itted by an adult or offenses which do not constitute violations of valid court orders, or such non-offenders as dependent or neglected children, shall not be placed in secure detention facilities or secure correctional facilities. 42 U.S.C. § 5633(a)(12)(A).
D. EDUCATION OF THE HANDICAPPED ACT 36.
The Education of the Handicapped Act, 2C U.S.C. § 1400 e_t seq. . is meant "to assure that all handicapped children have available to them, ... a free appropriate public education which emphasizes special education and related services designed to meet their unique needs ...." 20 U.S.C. § 1400(c).
37. As a condition of federal financial assistcr.ce under the Act, each State is required to have in effect a policy that assures all handicapped children the right to a free appropriate public education. As part of its required plan, each state must provide special educational services including written assessment plans in a timely manner and must develop individual er.cation plans as. needed. 20 U.S.C. § 1412.
38. The state educational agency shall be responsible for assuring that the requirements of the Act are carried out and that all educational programs for handicapped children within the state, including all S-z'r. programs
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administered by any other state or local arency, will be under the general supervision of the persz.:.s responsible for educational programs for handicapped children in the state educational agency and shall r~~t education standards of the state educational ager.c- .

20 U.S.C. § 1412(6).

39.

The "state educational agency" is the State Board of Education

or other agency or officer primarily responsible for the State

supervision of public elementary and secondary schools. 20 U.S.C.

§ 1401(a)(7) .

40.

A "local educational agency" is a board of education or other

public authority legally constituted withir. a state as an

administrative agency for its public elemer.tary or secondary

schools. 20 U.S.C. § 1401(a)(8).

41 .

In Georgia, the State Board of Educa±ion has general

supervision of the Department of Education. O.C.G.A. §§ 20-2-1;

20-2-11.

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~ .

42.

.

In addition to the State Board of Education, county and area

boards of education establish and maintain public schools within

their limits and make rules to govern the schools within their

districts. Ga. Const. Art. VIII, Section V. Para. 1; O.C.G.A. §§

20-2-50; 20-2-59.

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43. The State School Superintendent is charge: with enforcing the rules and regulations of the State Eotrd c: Education. The Superintendent is the executive officer of the State Board of Education. O.C.G.A. §§20-2-34, 20-2-241.
44. Local school superintendents constitute the medium of communication between the State School Superintendent and local school officers and serve as executive officers of local boards of education. Local superintendents are required to enforce all regulations and rules of the State School Superintendent and of the local boards. O.C.G.A. § 20-2-109.
E. GEORGIA DEPARTMENT OF CHILDREN AND YCLTH SERVICES 45.
The Georgia Department of Children and Youtr-Services provides for the "supervision, detention, and rehabilitation of juvenile delinquents committed to the state's custody." "he Department is required to develop a comprehensive continuurr, cf service options and implement services such that each child and ~r.e child's family can have a personal relationship with professional staff. O.C.G.A. § 49-4A-3(b).
46. When given legal custody over a child or y;jth for detention in a youth development center, the Department has the duty to
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protect, train, feed, clothe, shelter, educate, and provide nedical, hospital, psychiatric, surgical, and cer.tal care to that child. O.C.G.A. § 49-4A-7(b).
47. The Georgia Department of Children and Youth Services functions as a special school district within the State with the Commissioner of the Department designated as the Superintendent of schools for the district. The schools are required to comply with the rules and regulations of the State Beard of Education. Educational services and programs in the specie! school district are to be funded "so that youth served therein shall receive the same quality and content of educational services as provided to youth in school districts within the state." O.C.G.A. § 49-4A-
VII. FACTUAL ALLEGATIONS _ BACKGROUND OF THE MRYDC 48.
The MRYDC was built by Cobb County in 1956 to house 41 children from Cobb and Douglas Counties. Designef to hold 28 males and 13 females, it has the dubious distinction c: being the oldest regional youth detention center in the state. I'r.fortunately, the conditions and overcrowding concerns at the Center have not translated into an increased concentration in stiffing, safety, or budget allocations. The MRYDC became a state ovr.ed institution in

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1S75, and is preser.tly under the care and contrzl of the Department of Children and Youth Services.
OVERCROWDING 49.
Years of overcrowding have taken their toll on the MRYDC. Although at full capacity the facility is designed to hold only 28 boys and 13 girls, the total traditionally far exceeds that number. Upon information and belief, it is not unusual for the MRYDC to hold up to 60 children. The fact that a population of 60 detainees appears to exceed design capacity by 19 is misleading. The true dimensions of the overcrowding problem become apparent when the number of boys detained is compared to the Center's design capacity for 28 males.
50. As the detention rate for boys is traditionally higher than the rate for girls, the overcrowding concerns in the boys' wing are frequently much more acute than those plaguing the girls' wing. Boys are regularly crowded into unsupervisable, unheated cells without adequate bedding. Children being held on nonviolent offenses are in constant contact with violent offenders.
51 . The beys at the KRYDC must do everything in s'r.ifts because the institution is too small to-allow them to eat or attend school at the same time. While one group of boys is being rushed through a
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rr.eal, the second group is frequently locked do---, waiting to take their hurried meal in the unheated gymnasium.
We always have to eat very quickly because there are so many people who have tc eat .... As soor. as we get our food they are telling us to hurry up because they have to get everyone else in there to eat. Some kids don't get to finish their meal because they don't have enough time. (Affidavit of John Doe 1 at paragraph 14, attached hereto as exhibit 1.)
52. The old gym the children eat in also serves as a school roorr.. Classes are divided by convenience rather than age or ability. While one group of boys attends school, the other group is either locked down or watching television. Boys who are not participating in the G.E.D. program spend very little time in class. "We only spend about two hours a day in the class room. The teachers do not check our work to make sure we are doing anything .... Sometimes I go up to ask the teacher to check my work to see if I got a problem right." (Affidavit of John Doe 1 at paragraph 6, attached hereto as exhibit 1.) The lack of classroom space and teaching staff makes it virtually impossible to offer the majority of the children anything resembling a normal educatior..
53. While time spent inside the cells is a significant factor in the life of every child at the MRYDC, many of the boys in the older wing spend a sizable amount of every day confinef to their cells. They must wait for others to eat or attend school before they get
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their turn. Frequent staff shortages also add significantly to the time that all the children are locked down. The inability to provide adequate supervision leaves the staff .ith little option other than locking the children down.
54. On January 21, 1993, Defendant Napper, pledged that the population at the MRYDC would be monitored or. a d a i l y basis in order to ensure that the Center does not exceed i t s c a p a c i t y . (Letter from Defendant Napper, attached heretc as e x h i b i t 2.) Unfortunately, since t h a t time, the MRYDC h=.s been r o u t i n e l y running a t an over capacity l e v e l . Moreover, ~s i s conunonly the case with the MRYDC, the census does not adeg.rtely r e f l e c t the overcrowding issues in t h a t the population has been predominantly male and the overcrowding i s therefore concentrated in t h e boys' wing.

LENGTH OF STAY AND LACK OF ALTERNATIVE PZSOURCES

55.

-

Although the MRYDC is a pretrial detention center, many of the

children confined there are post-comird tment children. Because it

is a pretrial detention facility, children should only be detained

there a short time, in the area of fifteen cayi. In actuality,

children are confined to the MRYDC for extende; periods of time

because there is nothing immediately available for them in the

state system. The dismal array of alternative placement options

forces the MRYDC to function as a warehouse fcr children. The

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shocking degree of overcrowding is a threat tc the health, safety and welfare of even the children who have to er.rjre only short term stays.
56. Unfortunately, many children are forced to spend a significant amount of time in this institution. On February 11, 1993, the census for the KRYDC shows that there were 53 children at the Center. Of the 53 children detained, at least seven had been there for an excess of 100 days, with some of the children quickly approaching the 200 day mark. Five of the chiizren had stayed at the MRYDC between fifty and one hundred days, ar.5 six children had been there between thirty and fifty days. (February 11, 1993 Census, attached hereto as exhibit 3.)
57. Cobb County has not received funding for programs that would provide alternatives to warehousing children ir. the KRYDC. The need for adequate community based programs was recently underscored in a report to the Governor. The Report cites the National Council on Crime and Delinquency (NCCD) as emphasizing the overwhelming importance of treatment programs that would serve as alternatives to incarceration. (NCCD Report to the Governor, attached hereto as exhibit 4 at pp 5-6.) As there is little avai'.^zle in the way of alternatives, the children remain inside the MRYI-I, a facility that can do no more than contain them, and one that provides no hope of treatment.
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SLEEPING ON THF FLOOR 58.
Mc.ny of the cinder block cells have :: czts, and the children's thin rr.sttresses are placed directl} -r. the floor. in the majority of the boys' cells, there are neither desks nor storage space for books or possessions. The boys at MRYDC, and some of the girls, have nowhere to study or sit in their cells. In spite of these substandard accommodations, the children are locked down a good deal of the time.
"59. In many of the cells, available space is dominated by the mattresses on the floor. The Cobb County Grand Jury, s w c m in for the September/October 1986 term, noted the Director, Mr. James Phillips, planned to have beds built to replace the mattresses. (September/October 1986 Grand Jury Presentment, attached hereto as exhibit 5 at 38.) Unfortunately, two years a-fter Mr. Phillips discussed eliminating the problem, several of the 1988 Grand Juries and a 1989 Grand Jury noted that there were still children sleeping on the floor. (March/April 1989 Grand Jury Preser.ir.ent, July/August 1988 Grand Jury Presentment, and November/Deceri-er 1988 Grand Jury Presentment, attached hereto as exhibit 25 at "i ~. exhibit 26 at 13 and exhibit 27 at 10, respectively.)
60. Fully six years after the 1986 promise to aciress the shortage of beds, the 1992 September/October Cobb County Grand Jury stated
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that it was, "... appalled at the squalid-ess of the place." (September/October 1992 Grand July Presentment, attached hereto as exhibit 6 at 9.) The Grand Jury went on tc report thit, "it's overcrowded, with two and three youths sleepir.r in rocns that do not meet humane criteria for one. Some children sleep on the concrete floor on thin foam pads." (Id. at 9.) It is indicative of the historical lack of resources at the KRYDC that serious shortcomings are noted on inspection tours year after year. A boy who has been at the Center for months described his mattress on the floor as follows:
My roommate had to pee on the floor anf my mattress smells like urine....I felt some lumps in c.j mattress not long after I got here. I put my hand intc a slit in the mattress to see what the hard ball was. It was an old pair of underwear that someone had a bowel movement in. I called one of the staff members because I did not want to touch it. They took the underwear out and threw it away but they did not give me a new mattress.
(Affidavit of Affiant One, attached hereto as exhibit 7 at paragraphs 7 and 8.)
STAFFING . 61 . Overcrowding concerns coupled with chronic sraff shortages and inadequate facilities result in a longstanding inability to provide adequate supervision at the KRYDC. The lack of supervision pcses a significant safety concern. There are several gangs inside the KRYDC and the staff shortages make the children cere vulnerable to the danger involved in gang activities. Scr.e children are threatened, molested and harassed by other detai.-.ees, and
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frequently, there is no supervisor available to bring these activities to an immediate halt. A girl cor.fined to the KRYDC since December 10, 1992, described the danger c? follows:
I sew a girl get beat up by two ether cirl* here. It was apparently part of the girl's initiation into the gang, Folk Nation. The kids use staples to carve the gang symbols onto their arms, breasts, and ankles. I have heard kids plot against other kids, here and outside. (Affidavit of Jane Roe 3, attached hereto as exhibit 8 at paragraph 10.)
62. Although the entire institution is seriously understaffed, the staffing level is at its lowest point during the midnight shift. Frequently, there are only two staff members on duty. Should there be a fire or other emergency, thsse two staff members must deal with the entire institution on their own. The Cobb County Grand Jury empaneled for the July/August 1985 ten:, stated that the Center needed, at a minimum, four additional youth workers. (July/August 1985 Grand Jury Presentment, attached hereto as exhibit 9 at 11.) When discussing the problems stemming from the under-staffing issue with the workers, the Grar.i Jury members were shocked by staffers' repeated reference to the K7.YDC as a warehouse for children. (Id. at 11.) Grand Juries in '966 and 1987 also registered their concern about the obvious under-staffing and both groups indicated that the staff on the Center's midnight shift should be increased. (November/December 1986 Grand Jury
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Presentment, attached hereto as exhibit 1C at p. 26, and September/October 1987 Grand Jury Presentment, attached hereto as exhibit 11 at p. 35.) The concerns of the Grand Juries wer.t unheeded, however, and in January 1993, the serond of two fires occurring within the space of a year broke out curing the midnight shift. There were only two staff members on duty, and on information and belief, over 50 children had tc be evacuated.
63. On January 7, 1993, the fire alarm went off at about 4:00 a.m. The two staff members had to open each cell deer individually in order to let the children out. It was at least 15 minutes from the time the fire alarm started to ring until the last boys were let out of their cells. Never having had a fire drill, the children had no idea what would happen or whether someone would come to let them out.
64. The girls were taken out of their cells by Ms. Smith, a staff member. Ms. Smith attempted to let the girls cut of the outside door in the day room, but her key jammed, and she was unable to get the door open. She then led the girls into the cym to let them out the kitchen door. Because she did not have the !-:ey to the outside door, she had to leave the girls waiting while she went back up to the front of the building, passing through several sets of locked doors on her way. Five minutes went by and Ks. Sr.ith returned to
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let the g i r l s out of the building. They stood c.tside in a fenced area for approximately thirty minutes before the/ were allowed back inside.
65. There were no fire d r i l l s at the MRYDC prior to the January 7, 1993 f i r e . The fire d r i l l s did not start ur.til approximately March 4, 1993. Although there have been no known f i r e s since January, the institution remains overcrowded ar.z a l l the c e l l s and doors must be unlocked individually. Staff cezbers s t i l l do not carry keys to outside doors as a precaution against escape should they be overpowered, a constant concern in an institution plagued with overcrowding. Locks at the MRYDC, like everything e l s e , are old and the staff s t i l l has problems with then on occasion. The threat of f i r e remains as a serious concern at this point.
66. Staff shortages also cut into the children's outdoor recreation. There are days when the weather is good but the children are not allowed to go outside into the fenced recreation area because there is no one available to supervise then-:. The cost of inadequate supervision became painfully apparent in 1987. In an attempt to escape over the fence surrounding :he area used for outdoor recreation, a child was injured and beri-r.e a paraplegic.
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67. One child at the KRYDC since December 2, 1592, described the recreation available as follows: ... we dcn't get to go out as much as we we.r.t to because a lot of times there is not enough staff to watch us. When that happens we just have to stay inside. Every once in a while we spend most of the day being locked down because there are not enough staff merrJ>ers to handle everyone. {Affidavit of John Doe 1, attached hereto as exhibit 1 at paragraph 15.) Of course, the fact that the children are locked down in • numbers exceeding the design capacity of their cells considerably speeds the deterioration rate of the already substandard facility.
LACK OF SUPERVISION IN CELLS 68.
The cells the children are confined to are a threat to their , welfare, not only because some of the children have to sleep on the
floor, but also because the cells are constructed in such a way that it is almost impossible to monitor activity within the cells. While the children are in the cells, the steel doors are locked. The great majority of these doors have only one srr.all window. In -order to monitor the children in these cells, a staff member has to go up to the door and look in.
69. The cells without beds are even more difficult to monitor because the children are actually down on the floor and the small window is near the top of the door. In describing an assault that he had witnessed, one child recalled, "I saw a boy here get hurt by

another boy who used a piece of lead that he get by taking apart a metal bed frame." (Affidavit of John Doe 2, attached hereto as exhibit 12 at paragraph 10). The fact that the children are not c l a s s i f i e d adds to an already volatile situatirn.
PLUMBING 70.
Most o f t h e c e l l s have no plumbing. Once a c h i l d i s l o c k e d down, t h e o n l y way he o r she can g a i n a c c e s s to a t o i l e t o r w a t e r i s by a t t e m p t i n g t o a l e r t a s t a f f member by pounding on h i s o r h e r c e l l door and yelling. This experience is humiliating, and frequently, fruitless as longtime acute staff shortages result in exceedingly thin staff coverage.
71 . Children report that they are forced to go to the bathroom in </ their cells as their requests, especially at night, are either ignored or, take so long to be answered that they have no other option. A boy described his experiences as follows,
If you need to go to the bathroom at night, you have -to bang on the door and yell,until the staff rr.erier comes to let you out and let you use the bathroon. There are usually only two staff members on duty at night and sometimes only one. Many times when I've asked to be taken to the bathroom, staff have said, "I'm busy," or "you should have stayed at home.".... We often end up relieving ourselves in the heat vents in our cells. I have had to go to the bathroom many times in my cell because a staff member would not take me to the restroorn.
(Affidavit of Affiant Two, attached hereto as exhibit 13 at
paragraph 9.)
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72.

The bathrooms that are available to the children are badly

maintained, unsanitary, and at least partially r.-r.f ur.ctional. The

Cobb County Grand Jury empaneled for the Januar;- '"ebruary 1988 term

noted that the toilet and shower facilities were inadequate for the

number of detainees.

(January/February 1988 Grand Jury

Presentment, attached hereto as exhibit 14 at 10.)

73.

Almost three years later, the 1991 Jar.uary/February Cobb

County Grand Jury registered with concern that the shower

facilities for both sexes were leaking, damp, nildewed, and out of

repair. The Grand Jury report stated that all 40 boys at the

facility were forced to use one shower. The Grand Jury also

remarked that faucet handles were missing, several sinks were not

functional, all of the showers were unclean, and the boys' bathroom

was permeated with the smell of urine. (January/February 1991

Grand Jury Presentment, attached hereto as exhibit 15 at 18.)

74.

The Cobb County Grand Jury selected ar.d sworn for the

September/October 1992 term, found that the facility had managed

little or no improvement. The Grand Jury stated that its members

26

c
were, "... appalled at the sgualidness of the place. It's dirty. It smells. Shower walls are literally rottir.r away .... a child must wait on a staff person to unlock the door £-.3 then be escorted to and from the rest roo"." (September/October 1992 Grand Jury Presentment, attached hereto as exhibit 6 at 9.)
75. As late as January 1993, all of the boys at the MRYDC were still sharing only one unsanitary shower. One boy described the ordeal that constitutes daily hygiene at the MP.YDC stating: I think there are around 45 people who use the shower in our wing. We have to line up when it is time to take showers and go into the bathroom three at a time. We go in to the shower one at a time and get wet, then we step out and let the next guy get in. We get out of the shower all wet and get lathered up while we are standing in the bathroom. It is cold and the bathroom here does not smell very good, but that is the only vzy to take a shower here. Finally, we go back under the shower and rinse off. A staff member gives us a towel and we go back to our cells after we dry off. (Affidavit of Affiant One, attached hereto _as exhibit 7 at paragraph 8.) Every boy at the MRYDC had to shower in that bathroom that smelled of urine, had one functicr.al sink, and only two functional toilets.
76. The MRYDC recently has made some minor plur.bing repairs. A second shower head has been connected in the ' boys ' bathroom. Unfortunately, reconnecting the shower has served to exacerbate the
27

r
leak in the basement school room under the bathroom. Instead of a slow trickle, the water is now puddling over the ceiling tiles. When the ceiling gives way, the damp electrical wiring will be exposed to the classroom below.
77. The girls also had a second shower repaired, making two showers available. Unfortunately, the two sirJcs in the girls' bathroom do not work properly; one has only cole water and the hot water in the other sink is brown. The girls *jse water from the bathtub when they want to wash their hands.
78. The very limited plumbing repairs have not adequately addressed the problems that plague the Center; in some cases with the renewed leaking problems, they have compounded the maintenance dilemmas. Obviously, even the partial repairs do nothing to address the fact that many of the children are.forced to spend a significant amount of time in cells that have n: plumbing.
VENTILATION AND HEATING 79.
Unfortunately, the majority of the cells have almost no functional ventilation. Cells designed to h:ld one child now frequently hold two. Grand Juries have repeatedly noted that there is a problem with ventilation throughout the er.::re facility. As far back as 1984, Grand Juries mentioned that the lack of
28

ventilation contributed to an offensive odor ir. the boys1 dorm. (May/June 1984 Grand Jury Presentment, Penal Committee Report, attached hereto as exhibit 16 at 3.)
80. In 1987, although the MRYDC was under significantly more strain as a result of increased age and long tert overcrowding, the ventilation problems still had not been addressed. This fact did not escape the Grand Jury. It noted that the ventilation system was inadequate. In addition to the obvious air quality issues, it was the Grand Jury's conclusion that the heating system also was affected. (January/February 1987 Grand Jury Presentment, attached hereto as exhibit 17 at 42.)
81 . A boy confined in cells thirteen and fourteen described the conditions that were causing Grand Juries so much concern as follows: "I was in cell 13 for about a month and_it was really cold .... there was mildew on all the walls and the ceiling and water dripped down the walls. The one heat vent was uncovered and blew cold air." (Affidavit of John Doe Two, attached hereto as exhibit 12 at paragraph 6.)
82. Obviously, the lack of adequate ventilatior. results not only in poor air quality, i t also seems to have the effect of creating conditions conducive to the growth of fungus. A report done by the
29

Cobb County Health Department on November 19, 1rs2 (attached hereto as exhibit 18), confirmed the ventilation deficitr.cies stating that one cell was measured at an 85% humidity level, rating further that the cell had a musty odor and mildew growing- on the walls and ceiling. According to the health department, relative humidity

should be maintained at 20-60% in order to provide a healthy comfortable atmosphere. (Id. at 3.)

83. A boy who has been confined to the MRYDC since December 23, 1992, sleeping on a thin mattress on the floor in his cell, described the problems as follows:

We have one window in our cell which is sealed shut.

There is also one vent that blows cold air .... I have to

sleep with my mattress shoved as close to the door as I

can get it because otherwise it will get wet from the

water that sweats off the walls at night. One night

around December 30, 1992, the water on the walls got so

/

bad we used our sheets to wipe the walls cswn. When we

were done our sheets were soaked and we ga»-e them to the

staff .... It has been about eight days nowsince we gave

up our sheets and we have not been given any replacements

.... Our cell has mildew on the walls and ceiling. There

are a few cells even worse than mine.

(Affidavit of Affiant One, attached hereto as exhibit 7 at paragraph 5.) Although the walls at the MRYDC n:- receive frequent coats of paint, it is still possible to see the mildew bleeding

through in many areas of the facility.

84.

In spite of the fact that much of the MRYDI was without heat

for the winter of 1992-93, the entire antiquatef heating system

30

remains virtually unchanged. There has been sort duct work done in

areas that have gone without even minimal rr.airt^r.ance for years.

Unfortunately, these minor repairs do not come close to addressing

the heating and ventilation probler.s that hav* tlagued the r-'.F.YDC

for years.

NO CLASSIFICATION

85.

The overcrowding in the facility frequently makes it

impossible to classify the children according to security risk.

When the lack of classification is coupled with the fact that

children are locked down in cells that canr.:: be effectively

monitored by the staff, the risk to the detainees is unmistakable.

MEDICAL SERVICES

86.

/

The MRYDC has no full time medical services coordinator, and

children with medical problems must rely on staf_f to relay them to

the doctor or nurse who visits the facility. The shortage of staff

and absence of quick access to trained medical personal puts the

children at risk. A boy who has been at the K7.:"DC since August

1992, suffered from a twisted testicle and tried :o tell the staff

starting at around 9:45 a.m.:

I was in a lot of pain. The doctor was nz~. there that day. He only comes every other Wednesday. It was not until 7:45 p.m. that the Sheriff took rr.e to :_-.= hospital. The doctor at the hospital said that r condition required medical attention within 8 hours cs.i if the

31

staff at the Detention Center had waited any longer to bring me to the hospital, I could have lost r.y testicle. (Affidavit of John Doe Two, attached hereto as exhibit 12 at paragraph 4.)
87. The absence of medical treatment affects the girls as wells as the boys. A girl confined to the MRYDC with a confirmed history of high blood pressure asked for medical assistance after missing a period: When I told Gail Tatum who works here that I missed my period, she told me that she can't take me to a doctor until I have missed two periods. I don't know if I am pregnant or not. Last week I had a stomach ache and when I told Ms. Tatum about it, she told me that it was just my ovaries. (Affidavit of Jane Roe 2, attached hereto as exhibit 19 at paragraph 5.)
88. Children requiring psychiatric assistance have even less chance of getting help than those suffering from cedical problems. In spite of the fact that Grand Juries have repeatedly noted an unquestionable need to make health care more readily accessible to the children at the MRYDC, resources available to the children have not increased. Even under the best circumstances, it is not difficult to predict that children confined to c youth detention center would require some manner of psychiatric assistance. When MRYDC detainees attempt to commit suicide, if they are not sent to
32

a state mental institution, they receive no professional psychiatric care whatsoever.
89. A girl who has been in and out of the KP.r'OC several tin-.es discussed her experiences in an affidavit: When I was here in August 1992, I cut nsy wrist with a piece of metal in the room and no doctor vas called. My wrist was taped up by Mr. Clark and Ms. Jean Hickman, two non-medical staff members. I was moved to a maximum security cell. I was not examined by any cental health professional. (Affidavit of Affiant Three, attached hereto as exhibit 20 at paragraph 4.)
90. There are also children confined in the K?.:*I>C who have either been child rr.olesters, or the victims of molestation, and yet these children are subjected to prolonged stays in this overcrowded, understaffed institution with no professional mental health assistance.
EDUCATIONAL DEFICIENCIES ,- 91 .
There is no uniform system of assessing children's educational abilities and grade levels at the MRYDC. Some children have not been given any assessment at all. (Affidavit of Jane Roe 1, attached hereto as exhibit 21 at paragraph 4; affidavit of Affiant 4, attached hereto as exhibit 22 at paragraph 4.) Other children have been assessed by Kr. Jake Smith anywhere frcr their second day
33

c
to as long as 2 months after arriving at the K?;'3Z. The content of the educational assessment tests is reported tc ':•= anywhere from 10 to 40 math problems, involving addit::-, subtraction, rr-jltipJ ication, and division. Some children r?::rt that they were also given lists of words to read. None of the children interviewed received any feedback on their performance on the tests.
92. The children at the MRYDC spend varyir.g hours in school depending on whose class they are in. The girls, who are taught by Mr. Minnix, are in school anywhere from four h~jrs and 15 minutes to five hours a day. Some children who are in the G.E.D. class are in school over six hours a day, while others are in class one and one half to three hours per day. When teachers do not report to work, the children do not have school.
93. There appears to be no standard curriculum at the MRYDC since the course work varies widely between the classes. In some boys' classes, there are only two sets of workbooks, math and reading comprehension, and not enough books for the er.tire class. The teacher does not give instruction or correct assignments unless a student specifically requests him to do so. "£rhool here is more like study hall." (Affidavit of Affiant One, attached hereto as
34

exhibit 7 at paragraph n . ) There is no effort to divide children into learning groups according to their age or grade level.
94. In sum, Defendants fail to provide Plaintiffs with an adequate education comparable to that available to Plaintiffs in the community.
95. Additionally, there is no special education program or related services available for youths who were receiving such services prior to their incarceration. - The Defendants fail to adequately assess children to determine whether they have special educational needs and how such special needs can be met. Defendants fail to develop appropriate individualized education programs for children who need special education. Defendants fail to provide appropriate / related services, including speech therapy, physical therapy and psychological services, to handicapped children who need such services to benefit from their education.
96. Since December 10, 1992, Jane Roe 3 has been confined at MRYDC. She has a history of placement in special education programs. At the beginning of seventh grade, Jane Roe 3 was certified as eligible for special education by the Cobb County School District. She was classified as having oppositional behavior disorder. Attention deficit disorder also was suspected.
35

An Individualized Education Program (IEP) describing her special educational needs was developed. For the next several years, Jane Roe 3 was continually identified as eligible fcr special education. In the fall of 1992, she was confined in the r.oosevelt Outdoor Therapeutic Program, and on September 10, 1992, a new IEP was developed. Jane Roe 3 also was classified as seriously emotionally disturbed (SED). (Affidavit of Mary Roe 3, attached hereto as exhibit 24 at paragraph 3.)
97. Jane Roe 3's emotional problems interfere with her ability to benefit from an education. She is handicapped within the meaning of the EHA.
98. Since her confinement at KRYDC, the Defendants have failed to provide Jane Roe 3 with any special education as.z related services designed to meet her needs. Jane Roe 3's mother delivered her most recent IEP to the MRYDC in January 1993. MRYDC has not implemented this IEP or any other educational plans for Jane Roe 3 from any of her prior schools of attendance. (Affidavit of Kary Roe 3, attached hereto as exhibit 24 at paragraph 4.) As a zesult, Jane Roe 3 has not had continuity in her special educational program.
99. Since Jane Roe 3 has been at KRYDC, neither she nor her mother have been informed about the rights of handicapped children to procedural safeguards and a free appropriate pu'rlic education.
36

v
100. Defendants know or should know that their actions, onissions, policies and practices fail to comply with tr.e retirements of federal law. On information and belief, the Gecrcia Department of Children and Youth Services has an interagency agreement with the Georgia Department of Education to provide special education and related services to individuals with exceptional needs as mandated by federal and state law. The Georgia Department of Children and Youth Services is a "local education agency" e£ that term is used in 20 U.S.C. § 1401(8) and a "public agency" as that term is used in 34 C.F.R. §§ 300.2 and 300.11.
101 . Exhaustion of any administrative remedies would be futile in this matter. Plaintiffs allege that Defendants routinely fail to lj' provide required procedural safeguards in a timely manner, and fail to provide any special education programs or related services at KRYDC.
ACCESS TO COURTS 102.
The MRYDC has no law library and does not make arrangements for the children detained there to gain access to an attorney. These children have no way to gain access to t'r.e courts in search of judicial relief for issues arising from their confinement at the KRYDC. Children frequently have no access to the telephones so
37

c
V, •
they are unable to contact attorneys to discuss their Juvenile Court cases. The children at the KRYDC are never told that they can speak to an attorney about the conditions cf confinement. They have no idea that there is anything they can 6z about what happens to them while they are in the institution.
. OUTSIDE CONTACT 103.
Children at the MRYDC are not allowed access to visitors when they are locked down for violations of MRYDC rules. Children who are allowed to receive visitors are frequently subjected to strip searches by the staff. The boys are strip searched in view of other children in the boys1 dormitory.
DISCIPLINE 104.
According to the rules issued to most of the children when they are admitted to the MRYDC (attached hereto as exhibit 23), children who violate a minor rule may be confinef to their cell for one hour. The violation of major rules carries a penalty of being confined to the cell for 24 hours or longer. This form of punishrricnt is referred to by staff and children as indefinite.
105. When children are put on indefinite, the;- are confined to their cells 24 hours a day. They are allowed tc leave only to use the restroom. They are not allowed to attend classes, they cannot
38

see other children, and i n i t i a l l y , they have n: idea how long t h e i r isolation and confinement will l a s t .

106.

There 35 nothing in the rules infcr.Tir.: the children that

they have the right to a grievance hearing when they are punished. On information and belief, the common practice at the MRYDC i s to

allow the children to discuss the charges brought against them only after they have been confined to t h e i r cell or. indefinite s t a t u s

for 7 2 hours.

107.

In addition to being locked down on ir.definite s t a t u s , children also are occasionally handcuffed hanc and foot t o t h e i r

cots as a disciplinary measure. When the children are put into

four point restraints, the staff member takes the child's mattress away leaving the child handcuffed to the metal frame of the bed.

When I was here in Kay, Ms. Francis placec-ce face down

on my bed and handcuffed my hands and ankles to my bed.

The handcuffs were so tight that my ha_".fs and feet

started turning purple. Finally, Ms. Thontson loosened

the handcuffs a l i t t l e . I was in r e s t r a i n s for about

one and half hours.

-

(Affidavit of Jane Roe 1, attached hereto £_= exhibit 21 at paragraph 11.)
108.

Some children have been subjected to "nogtying" as a

disciplinary measure. This procedure entails tying the c h i l d ' s

hands and feet together and leaving the child trussed up for an

39

indefinite period of time, sometimes lying only on the metal bed frame after the mattress has been taken away.
109. Children who act out and atterpt to c*r_Tdt suicide are occasionally put on indefinite as a punitive neasure rather than receiving psychiatric counseling.
FEDERAL FUNDING
no.
The State of Georgia is the recipient of federal financial assistance under the Education for the Handicapped Act.
Ill . The State of Georgia is the recipient of federal financial assistance under the Juvenile Justice Act.
VII. CLAIMS FOR RELIEF FIRST CLAIM FOR RELIEF - DUE PROCESS
112. By subjecting Plaintiffs to the conditions of confinement, individually and in their totality, described in this Complaint, Defendants deprive the named Plaintiffs and the Plaintiff class of their right to due process of law guaranteed by the Fourteenth AjTiendment to the United States Constitution.

SECOND CLAIM FOR RELIEF - CRUEL AND UNUS'-M.! PUNISHMENT 113.
By subjecting Plaintiffs to the conditic.-.s of confinenent, individually and in their t o t a l i t y , describee in this Complaint, Defendants deprive the named Plaintiffs and the Plaintiff c l a s s of their right to be free from cruel and unusual pur.ishment guaranteed by the Eighth and Fourteenth Amendments to the United States Constitution.
THIRD CLAIM FOR RELIEF - FREEDOM OF SPEECH AND ASSOCIATION
-114.
By subjecting Plaintiffs to the conditic.-.s of confinement, individually and in their t o t a l i t y , describee in this Complaint, Defendants deprive the named Plaintiffs and the Plaintiff class of their right to freedom of speech and association guaranteed by the </ First and Fourteenth Amendments to the United States Constitution.
FOURTH CLAIM FOR R E L I E F - ACCESS TO T-TE COURTS 115.
By subjecting P l a i n t i f f s to the conditic.-.s of confinement, individually and in their t o t a l i t y , described in this Complaint, Defendants deprive the named P l a i n t i f f s and the Plaintiff c l a s s of access to the courts guaranteed by the F i r s t , Si.vih, and Fourteenth Amendments to the United States Constitution.
41

FIFTH CLAIM FOR RELIEF - RIGHT TO TF.EATKENT

116.

By failing to provide Plaintiffs with sui-.able treatment and

rehabilitation, Defendants deprive the narec Plaintiffs tnc the

Plaintiff class of the right to treatment guaranteed by the Eighth

and Fourteenth Amendments to the United States Constitution.

SIXTH CLAIM FOR RELIEF - LEAST RESTRICTIVE ALTERNATIVES

117.

By failing to place Plaintiffs in the least restrictive

setting necessary, Defendants violate the named Plaintiffs' and the

Plaintiff class1 right to placement in the least restrictive

alternative that will effectuate the purpose of their confinement

guaranteed by the Due Process clause of the Fourteenth Amendment

and by the First Amendment to the United States Constitution.

/

• SEVENTH CLAIM FOR RELIEF - CIVIL RIGHTS

118.

By subjecting Plaintiffs to the conditions of confinement,

individually and in their totality, described in this Complaint,

Defendants deprive the named Plaintiffs and the Plaintiff class,

under color of s t a t e law, of rights to which they are entitled, in

violation of 42 U.S.C. § 1953.

42

pIGHTH CLAIM FOR RELIEF - ALTERNATIVES 71 INCARCERATION
119.
By failing to provide for alternatives ~.t incarceration in appropriate cases, Defendants violate the r.j.-.ts of the named Plaintiffs and the Plaintiff class under 42 U.S.C. § 1983 as guaranteed by the Juvenile Justice Act, 42 U.S.C. § 5601 et sea.
NINTH CLAIM FOR RELIEF - RIGHT TO EDUCATION 120.
By failing to identify and evaluate Plaintiffs who are handicapped and in need of special education services and by failing to provide those services Defendants violate the rights of Plaintiff Jane Roe 3 and the Plaintiff subclass guaranteed by the Education for the Handicapped Act, 20 U.S.C. § 1401 et seq.
RESERVATION OF RIGHTS 121 .
Plaintiffs reserve for litigation in thr- state courts of Georgia, their claims under the Act creating the Georgia Department of Children and Youth Services, O.C.G.A. § 4S-4A-1 et" sea. . Plaintiffs' claims for injunctive and declaratory relief under that Act are precluded from this action under Pennhurst State School & Hospital v. Halderrr.an, 465 U.S. 89, 104 S.Ct. SI'. , 79 L.Ed. 2d 67 (1984) .
43

NO ADEQUATE REMEDY AT LAW 122.
As a proximate result of Defendants' p:L:cies, practices, acts, and omissions complained of herein, anc ;;.= conditions and circumstances described above to which Plaintiffs are subjected, Plaintiffs have suffered, do suffer, and will continue to suffer immediate and irreparable injury. Plaintiffs have no adequate remedy at law to redress the wrongs described in this Complaint. Plaintiffs will continue to be irreparably injured unless this Court grants the injunctive relief which Plaintiffs seek.
PRAYER FOR RELIEF WHEREFORE, Plaintiffs pray that this Court grant the following relief: a) Assume jurisdiction of this case; b) Certify this action as a class actior.-pursuant to Rules 23(a) and (b)(2) of the Federal Rules of Civil Frccedure and Local Rule 300; c) Issue a declaratory judgment pursuant tc 28 U.S.C. §§ 2201 and 2202 and Rule 57 of the Federal Rules of Civil Procedure that, by subjecting Plaintiffs to conditions of confir.ement described herein, the Department of Children and Youth Services Defendants have violated the rights of the named Plaintiffs and the Plaintiff class guaranteed by the First, Sixth, Eighth, and Fourteenth Amendments to the United States Constitution; the Civil Rights
44

Art. 42 U.S.C. § 1983; and the Juvenile Jusi:rr Art, 42 U.S.C. § 5601 et seq.;
d) Issue a declaratory judgment that by failing to identify and evaluate Plaintiffs who are handicapped ar.d ;r. r.eec c-f special education services, and by failing to provide those services, the Defendants have violated the rights of Jane Roe 3 and the Plaintiff subclass as guaranteed by the Education for the Handicapped Act, 20 U.S.C. § 1401 et seg.;
e) Issue preliminary and permanent injunctions enjoining the Defendants, their agents, their employees, and successors in office from engaging in the unconstitutional and unlawful acts and practices complained of herein;
e) Award Plaintiffs the costs of this proceeding; f) Award Plaintiffs attorneys' fees under 42 U.S.C. § 1988; and 20 U.S.C. § 1415(e)(4); and g) Such other and further relief as this Court deems just and proper.
Respectfully sub.-it ted,
, f
(KATHLEEN A. DUK17 =X§CU Xnforney for Plaintiffs Georgia Bar No. 232676

Legal Aid of Cobb County 159 Dobbs Street NE Marietta, Georgia 30060 (404) 528-2565

CATHERINE C. VAJ.'IENEERG Attorney for Plaintiffs Georgia Bar No. '92775

45

GARY LESHAW ' ./ Georgia Bar No. 447050
Atlanta Legal Aid Society 777 Cleveland Avenue SW Summit South Bldg., Ste. 202 Atlanta, Georgia 30315

Atlanta Legal Aid Society 151 Spring Street NVJ Atlanta, Georgia 30335

CHARLES R. BLISS Georgia Bar No. 063385
ATTORNEYS FOR PLAINTIFFS

 
 Doe v. Napper

JI-GA-00 -003 IN THE UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF GEORGIA ATLANTA DIVISION

JOHN DOE 1, by his next friend

{

MARY DOE 1; JOHN DOE 2 by his

next friend MARY DOE 2; JANE

{

ROE 1, by her next friend MARY

ROE 1; JANE ROE 2, by her next

{

friend MARY ROE 2; JANE ROE 3

by her next friend, MARY ROE 3, {

Plaintiffs,

{

v.

{ CIVIL ACTION

GEORGE NAPPER, JR., in
his official capacity as Commissioner of the Georgia Department of Children and Youth Services; JAMES PHILLIPS, in his official capacity as Director of the Marietta Regional Youth Development Center; WERNER ROGERS, in his official capacity as Georgia State School Superintendent; and the Georgia STATE BOARD OF EDUCATION,
Defendants.

{ FILE NO. 1 93-CV-642-JEC { { { { { {

CONSENT DECREE
This Consent Decree is made and entered into by the parties listed below to resolve claims asserted by the Plaintiffs in this class action. The Court, having considered the submissions of the parties, the record of the case, and any written comments of class members, in order to approve this agreement, and under 18 U.S.C. § 3626(a)(1), on the basis of this stipulation and the entire record found herein, finds that the relief set forth herein is narrowly drawn, and extends no further than necessary to correct violations of the federal rights of plaintiffs, and is the least intrusive means necessary to correct the federal violations, for this and for other good and just cause:
IT IS HEREBY ORDERED AND DECREED AS FOLLOWS:

T . PARTTF.S

The parties to this Consent Decree are: 1. Plaintiff children John Doe 1, by and through his next

(

r

friend, Mary Doe 1; John Doe 2, by and through his next friend, Mary Doe 2; John Doe 3, by and through his next friend, Mary. Doe 3; Jane Roe 1, by and through her next friend, Mary Roe 1; Jane Roe 2, by and through her next friend Mary Roe 2; and Jane Roe 3, by and through her next friend, Mary Roe 3 on behalf of themselves and all other juveniles similarly situated who are, or who will be, confined at the Marietta Regional Youth Development Center in Marietta, Georgia. The Plaintiffs, including the certified class and subclass, may be hereinafter collectively referred to as "the Plaintiffs."
2. The Defendants, acting in their official capacities, are George Napper, Jr., and his successors, the Commissioner of the Georgia Department of Children and Youth Services; James Phillips, and his successors, the Director of the Marietta Regional Youth Detention Center; Werner Rogers, and his successor, Linda Schrenko, the State School Superintendent; and the Georgia State Board of Education. The Commissioner of the Georgia Department of Children and Youth Services and the Director of the Marietta Regional Youth Detention Center are responsible for the operation of the Marietta Regional Youth Detention Center.
TT. APPT.TCABTT.TTY
This Consent Decree shall apply to the Marietta Regional Youth Detention Center and any other secure detention facility, subsequently operated by the Department of Children and Youth Services for the population currently accommodated in the Marietta Regional Youth Detention Center.
This Consent Decree encompasses the policies and procedures attached to and incorporated into the Consent Decree with the exception of portions of the policies and procedures applying exclusively to the Divisions of Campus Operations, Community Programs and/or the Investigations Unit. As these portions have been excluded from the negotiations and accompanying agreement, they will have no binding authority for the purposes of this case and will not be included in the subsequent monitoring activities.
Defendants shall comply with all policies and procedures attached to this Decree and part of this agreement.
This Consent Decree shall apply to the named defendants and their successors, agents, employees, assigns and those acting in concert with them.
III. DEFINTTTON OF TERMS
For purposes of this Consent Decree, "days" shall mean calendar days, except as expressly otherwise provided.
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r

r

"Plaintiffs' Counsel" means members of the Firm of Powell, Goldstein, Frazer & Murphy LLP.
"DCYS" means Department of Children and Youth Services (n/k/a Department of Juvenile Justice).
"MRYDC" means the Marietta Regional Youth Detention Center.
"JCO" means Juvenile Corrections Officer.
"BOE" means the Georgia State Board of Education.
"DOE" means the Georgia State Department of Education.
"IEP" means an individualized education program.
"IRC" form means incident report counseling form.
"DFCS" means the Georgia Division of Family and Children Services.
"OC" means oleoresin capsicum (natural oil of pepper).
"LSS" means local school system.
TV . RESERVATION OF RIGHTS
By entering into this Consent Decree, Plaintiffs and members of the Plaintiff class are not waiving any rights to pursue any individual claims for declaratory, injunctive, and/or mandatory relief. The only claims against Defendants that are settled herein are class claims for injunctive relief of a general nature as detailed in the Complaint filed in this case.
V. PRIVACY
All personally identifiable information concerning individual residents obtained by Plaintiffs, Plaintiffs' Counsel, and their experts shall be kept private and shall be used solely for the purpose of litigation and no other purpose.
VT . MERGER CT.AUSF,
This Consent Decree contains the entire agreement of the parties and none of the parties have made any additional promises not contained in the Consent Decree.

-3 -

r
VTT. SPF.CTFTC STT PUT,AT TONS
A. POPULATION ANT) STAFFING?
1. Population: There will be no more than two (2) youth sharing a sleeping room. Youth meeting the MRYDC criteria discussed in § VII.A.2 below for single room placement will be assigned to a room with no roommate.
2. Criteria for Single Room Placement: DCYS shall maintain a system of classifying juvenile residents upon admission to the MRYDC in order to control, separate, and/or segregate, for the purpose of sleeping, dangerous residents from the general population and to separate and/or segregate, for the purpose of sleeping, those residents whose well being or safety would be threatened by exposure to the general population. Youth admitted to the MRYDC will be assigned a room placement in accordance with the following classification plan:
a. Male and female youth shall never occupy the same sleeping room.
b. Female youth will be housed on the designated living unit for females.
c. Male youth will be housed on the designated living unit for males.
d. Sleeping rooms that are not in use (empty) will ordinarily be used prior to the assignment of a second youth to a sleeping room unless an empty room is not available for a valid reason such as painting in progress, needed repair, etc. In addition, there may be occasions where it is desirable to assign a second youth to a room even though there may be empty rooms, such as assigning a suicidal youth a roommate.
e. When there is no available empty room in a living unit and the need arises to assign a second youth to one room, the following procedures will be followed:
(i) Youth held on the following offenses will not be assigned two (2) to a room with another youth: murder, voluntary manslaughter, aggravated battery, rape, aggravated sodomy, aggravated child molestation, child molestation, aggravated sexual battery, armed robbery and car jacking.
(ii) Youth whose institutional behavior demonstrates a pattern of predatory or violent behavior will be assigned a single room.
-4-

f

f

(iii) Youth who have a known or suspected medical need for a single room as determined by medical personnel, will be assigned a single room.
(iv) Any youth, whose exposure to the general population would threaten his or her well being or safety, will be assigned a single room for sleeping purposes in order to protect any such youth. DCYS shall make all efforts to assure that these youth are never excluded from any activities or programs available to the general population to the greatest extent possible.
(v) Other factors to be considered in making single room assignments include known prior histories, age and size.
3. Staffing: DCYS shall comply with the Staffing policies and procedures for the MRYDC and its successor facilities set forth as Attachment § VII.A to this Consent Decree. The policies and procedures are incorporated and made a part of this Consent Decree as if fully set forth herein.
a. DCYS will implement a phased or graduated approach of increasing direct care and support staff at the MRYDC to adequately address safety, security and service demands according to Chart A in Attachment § VII.A.
b. Supervisors are not included in the staff levels set forth in Chart A in Attachment § V I L A .
c. No increase in staffing levels will be implemented for populations of sixty (60) youth or fewer.
d. When the detention population is between 61 and 75 youth, the following positions will be added according to Chart A in Attachment § V I L A :
One (1) Teacher; Four full-time and one part-time (4.5) Juvenile Correctional Officers; One part-time (.5) maintenance helper working under the supervision of the Craftsman; One (1) Food Service Employee; One part-time (.5) clerical worker.
e. When the detention population is between 76 and 90** youth, the following positions will be added according to Chart A in Attachment §VII.A:

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One (1) Teacher; One part-time (.5) LPN; Two-four (2-4) hours additional physician hours per week, as needed; Five (5) Juvenile Correctional Officers; One part-time (.5) Food Service Employee.
f. DCYS may make an allowance for a number of youth who are released from the RYDC within 2-3 days after their detention admission in calculating the number of Teachers needed in order to meet the required 1:15 ratio of students per Teacher. On an average daily basis, 2-3 youth are released within 2-3 days of admission to the RYDC and, therefore, are not enrolled in school. This has the effect of reducing the number of youth who attend classes and the number of teachers needed because these youth do not remain in MRYDC long enough to attend school.
R. RFCRFATTON
1. The youth at the MRYDC will have one hour per day of outdoor recreation (weather permitting).
2. A JCO will be designated to coordinate recreation for the MRYDC.
3. Barring safety and security concerns in accordance with the policies and procedures contained in the Consent Agreement, the youth at the MRYDC will be provided with indoor recreation on days they are not allowed outside as a result of inclement weather. This will allow the children to engage in large muscle group activity.
C. ORTF.NTATTON
DCYS shall distribute an orientation manual set forth as Attachment § VII.C to this Consent Decree to assist in familiarizing detained youth with program requirements at the MRYDC. This manual will be translated into Spanish and MRYDC will ensure that the children are familiar with the contents of the manual.
P. POST ORDERS
1. DCYS shall comply with the Post Order policies and procedures for the MRYDC and its successor facilities set forth as Attachment § VII.D to this Decree. The policies and procedures are incorporated and made a part of the Consent Decree as if fully set forth herein.
2. All staff members will receive training in post orders.
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3. A copy of the post orders will be retained in both units to provide easy access to JCOs requiring guidance.
R. TRATNTMO
1. DCYS shall comply with the Training and Staff Development policies for RYDCs and procedures for the MRYDC and its successor facilities set forth as Attachment § VII.E to this Decree. The policies and procedures are incorporated and made a part of the Consent Decree as if fully set forth herein.
2. DCYS will train staff members to implement this Consent Decree and familiarize MRYDC staff members with the attached policies and procedures. The training program will be designed to ensure that all JCOs and staff members are thoroughly familiar with their responsibilities.
3. All MRYDC labor pool JCOs will receive, at a minimum, an in-house orientation and training before they work with the residents. This training will be documented and the records retained for three (3) years.
4. All MRYDC labor pool JCOs will receive the level one DCYS Juvenile Corrections Officer training at the next available JCO training course scheduled by DCYS, following their initial date of employment.
5. All MRYDC staff members responsible for supervising residents will be trained in administering the behavior management system. At a minimum, that training will consist of sixteen (16) hours broken down to include:
a) Four (4) hours: class time, introduction to written material outlining the system;
b) Four (4) hours: JCOs on the floor observing the system;
c) Four (4) hours: classroom work including role playing exercises;
d) Four (4) hours: job training, trainee is out on the floor and works assigned post with trainer's supervision;
After the initial sixteen (16) hours, the JCO is ready to work a normally scheduled shift.
6. Supervisors will receive specialized training enabling them to monitor adequate compliance with the behavior management system. JCO compliance will be monitored by supervisors conducting at least five random checks a month using the policy
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enforcement checklist.
7. All MRYDC staff interacting with youth will be trained to understand the ways that mental health and special education needs may affect a youth's behavior at the facility.
8. All MRYDC staff members will receive medical training outlined in the health care policy and procedures. That training will include:
a. A minimum of six-eight (6-8) hours in-service training on suicide prevention;]
b. Emergency procedures including obtaining emergency care and transportation;
c. Recognition of illness including mental illness, retardation and emotional disturbance;
d. Medical protocols;
e. Relaying medical complaints to medical personnel through completion of the sick call list;
f. Administering and recording medication;
g. Receiving/Intake Screening.
9. All MRYDC staff interacting with the youth, including, but not limited to, JCOs, administrators, medical staff, counselors, social workers, chaplin, educational and recreational staff, will be trained for six to eight (6-8) hours on-site to conduct admission interviews and learn to identify signs of depression or suicidal behavior from recognition to reporting, supervision, intervention and follow-up.
10. All JCOs who are allowed to administer medications must first receive competency-based medication training of no less than eight (8) hours.
11. All MRYDC staff will receive basic training and familiarization with emergency procedure and evacuation requirements.
12. All MRYDC staff members in contact with the residents will receive eight (8) hours training in the use of force.
13. Staff members must successfully complete the OC training before they are allowed to utilize OC.
14. All MRYDC will be trained on the correct use of the logging system, appropriate methods of recording data in the logs,

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correct utilization of the room check patrol system, and record keeping requirements at the MRYDC.
F. USE OF FORCE
1. DCYS shall comply with the Use of Force policies and procedures for the MRYDC and its successor facilities set forth as Attachment § VII.F to this Consent Decree. The policies and procedures are incorporated and made a part of the Consent Decree as if fully set forth herein. Portions of the Use of Force policies and procedures applying exclusively to the Divisions of Campus Operations, Community Programs and/or the Investigations Unit are not incorporated into this Consent Decree. As these portions have been excluded from the negotiations and accompanying agreement, they will have no binding authority for the purposes of this case and will not be included in the subsequent monitoring activities.
2. No staff member at the MRYDC will be allowed to use OC until after successfully completing the training prescribed in the Use of Chemical Agents policies and procedures.
3. Youth at the MRYDC will never be restrained to a fixed object or have their hands and feet bound together.
4. Any youth in restraints at the MRYDC will be under constant visual observation by a staff member having physical possession of the keys for unlocking the restraints.
1. DCYS shall comply with the Logging policies and procedures for the MRYDC and its successor facilities set forth as Attachment § VII.G to this Consent Decree. The policies and procedures are incorporated and made a part of this Consent Decree as if fully set forth herein.
2. The MRYDC staff will make appropriate timely entries in the following logs:
a. Control Log: to be maintained by control room staff and read by supervisor, JCO II, counselor, director and assistant director, and control room staff at the beginning of the shift. Staff reading the log are responsible for making the other staff members aware of significant logbook entries at the beginning of each shift;
b. Unit Log: to be maintained in the living units, to be read by shift supervisors and oncoming staff working on that unit. Supervisors will alert their staff members to salient information contained in the log on the other unit, in order
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to facilitate appropriate supervision when unit populations are mixed.
c. Special Management File: to be kept in the control center and containing the special management instructions for appropriate residents. This file will be reviewed at the beginning of the shift by all oncoming staff who will be working with the residents;
d. Key Log: maintained in the control room;
e. Restraint Log: to be maintained in the restraint cabinet now located in the control room and requiring that each and every use of mechanical restraints be logged;
f. Confinement Log: to be maintained in the control room; entries to be made for every resident placed in his/her room for emergency or disciplinary reasons;
g. Emergency Drill Log: to be maintained by the Trades Craftsman and contain records of all emergency drills;
h. Vehicle Log: logs detailing vehicle use and condition to be maintained in each vehicle;
i. Medication Log: medication dispensed to each resident will be logged in a book in the clinic and the page(s) applying to a particular resident will be maintained in the resident's medical file;
j. Incident Counseling Report: to monitor the unit log books, the mental health counselor will review the logs. Upon either witnessing an incident, or discovering evidence of a significant incident in the unit log, the counselor will initiate contact with the resident for the purpose of inquiring about the resident's behavior. The counselor's interview will be memorialized in the Incident Counseling Report (ICR). These reports will be maintained by the MRYDC for at least three years after they have been completed;
H. TTftTNF, CHECK PROCEDURE
1. DCYS shall comply with the Urine Check policies and procedures for the MRYDC and its successor facilities set forth as Attachment § VII.H to this Consent Decree. The policies and procedures are incorporated and made a part of the Consent Decree as if fully set forth herein.
2. MRYDC staff will complete a daily urine check in each of the resident's rooms.

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3. In the event the staff member detects a urine odor, a written incident report will be filled out and the supervisor will investigate, interview the residents in that room, and if necessary, check the electronic patrol system in order to determine whether the room was appropriately included in the rounds.
4. In addition to being retained with the other incident reports, these reports will be routed to the Director.
5. This specific requirement will not be attached to any sleeping rooms in the new facility containing functioning toilet facilities, but shall be implemented whenever such toilets are not functioning.
T . MEDTCAT, AND HEALTH CARE
1. DCYS shall comply with the Medical and Health Care Services policies for RYDCs and procedures for the MRYDC and its successor facilities set forth as Attachment § VII.I to this Consent Decree. The policies and procedures are incorporated and made a part of this Consent Decree as if fully set forth herein.
2. The Mental Health counselor will assess all youth wichin forty-eight (48) hours after their admission or not later than the counselor's next shift after the youth is admitted. However, if upon admission a youth presents observable evidence of an immediate need for evaluation, that youth will be assessed within twenty-four (24) hours.
3. Information about access to health care services, including sick call, will be communicated orally and in writing in the student handbook (available in English and Spanish) at the MRYDC.
4. All medications will be dispensed by the facility nurse or by a JCO who has been trained by the facility nurse or physician to administer medications. Training on medications is to be competency-based with annual updates for existing staff.
5. All medications will be securely stored, with controlled substances accessible to nurses and physicians only.
6. A full health appraisal will be completed on each youth within seven (7) days of admission to the MRYDC.
7. Verbal requests for medical services will be solicited from the residents by the JCO on a daily basis at the MRYDC. JCOs are responsible for writing the name of each youth requesting medical attention on the sick call list. The list will be kept in a central location and reviewed the same day, or the next scheduled
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work day for entries made after 5:00 p.m., by the nurse or physician for appropriate triage.
8. Specialized individual medical treatment plans shall be developed by a physician for any resident with special medical needs.
9. The medical classification program outlined in the MRYDC health procedures will be followed and documented in the affected resident's medical file.
.T. F.DUCATTON
1. DCYS shall comply with the Education Program, Right to Education, and Special Education policies and procedures for the MRYDC and its successor facilities as set forth as Attachment § VII.J to this Consent Decree. The policies and procedures are incorporated and made a part of this Consent Decree as if fully set forth herein.
2. DCYS, and where applicable the Department of Education, shall provide the following:
a. Detained youth shall be admitted to the education program after their first court appearance provided it is determined that the youth will remain in detention pending further court hearings. In all cases, the maximum amount of time a student will not attend classes is seventy-two (72) hours excluding weekends and holidays. Prior to the time a youth begins attending school, he/she will be involved in program activities, unless in an individual case the youth's behavior warrants that he/she not be involved in program activities.
b. Each youth admitted to the RYDC school shall receive appropriate individual testing services.
c. Educational records from the student's last educational placement shall be requested within seventy-two (72) hours of admission excluding weekends and holidays. Where DCYS encounters difficulty in obtaining such records, DCYS shall notify DOE and DOE shall assist in obtaining such records from the local school district.
d. A transcript will be prepared for any student enrolled in the RYDC school for ten (10) or more days. When a student leaves the RYDC school, transcripts will be forwarded to the receiving school if requested by the LSS, in accordance with applicable rules and regulations governing the transfer of such records; it is up to the LSS to give the student credit for his work. DOE agrees to
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negotiate with the appropriate school systems and encourage them to recognize course work completed in the MRYDC educational program. For students enrolled in the RYDC school less than ten (10) days, an educational narrative will be forwarded to the court service worker for handling.
e. The MRYDC shall provide three hundred and thirty (330) minutes of instruction per day pursuant to Rule 160-5-1-.02, "School Days for Students," or per IEP content for students with disabilities. Special education students shall receive the instruction and services required by their IEPs.
f. Students with disabilities shall receive instruction from qualified personnel as provided by state and federal regulations.
g. The MRYDC shall have a special education Teacher to serve identified students.
h. DCYS shall maintain a 1 to 15 teacher/student ratio in the MRYDC school program. MRYDC will use only Teachers certified by the State of Georgia in its educational program, except:
(i) Non-certified Instructors may be used to perform administrative and/or clerical functions (i.e., grading papers), assisting certified Teachers in the delivery of lessons, or administer the automated version of the TABE test, used to assess all incoming students who have been previously tested.
(ii) On rare occasions, non-certified Instructors may fill in for a certified Teacher using a lesson plan prepared by a certified Teacher.
(iii) A substitute Teacher, holding at least a high school diploma may be called-in to substitute in case of a short-term Teacher absence.
i. The curriculum and instruction shall be tailored to meet the needs of students at the MRYDC.
j. All Teachers at the MRYDC shall write daily lesson plans one week in advance.
k. The MRYDC shall maintain a half-time clerical staff person to handle all school record requests and to assist the special education Teacher with processing the records and IEPs.
1. A JCO or other staff member shall be available to
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observe the activities of the classroom.
m. Youth who miss class due to a period of disciplinary confinement will still receive school work assignments and will earn credit for their completed work. An exception to this practice will be made where it is not appropriate for a youth to be given work to complete in his/her room. The factors to be considered when making such a decision include a youth's assaultive or violent behavior or severe emotional distress.
n. The MRYDC will provide a free appropriate public education to all eligible students with disabilities.
o. Students who are experiencing academic and behavioral difficulties in the general education program may be referred by the regular Teacher to the Student Support Team (SST). The role of the SST is to review student information and recommend alternative strategies for meeting the student's needs in the regular education program. The alternative strategies will be tried for a specified period of time as defined by the SST, and evaluated for effectiveness at least bi-weekly. Where alternative SST strategies have failed to bring about positive results, the student must be referred for evaluation to determine eligibility for special education.
p. The MRYDC shall be responsible for initiating and conducting meetings for the purpose of developing, reviewing, and revising the IEP of a student with a disability. The IEP shall be developed in an IEP/Placement Committee meeting. Parents or guardians must be allowed to participate in IEP development, subject to the parent participation provisions found in the applicable federal and state regulations. The IEP shall be developed within thirty (30) calendar days of the determination of the student's eligibility for special education. Permission for placement must be obtained.
q. The special education Teacher and lead Teacher at the MRYDC shall be responsible for reviewing the information sent from the student's last educational placement. Current IEPs must be reviewed upon receipt and one of the following actions shall be implemented within one (1) week of the student entering the school program: continuation of present IEP; interim IEP; development of a new IEP.
r. The MRYDC shall ensure that each IEP meeting includes the following participants: a representative of the MRYDC, other than the student's Teacher, who is qualified to provide or supervise the provision of special education; the
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student's Teacher; one or both of the student's parents/guardians, subject to the parent participation provisions found in the applicable federal and state regulations; the student when appropriate; at least one regular education Teacher if the student is or may be in the regular education environment; and other individuals at the discretion of the parent or agency.
s. The MRYDC shall maintain a list of eligible surrogate parents.
t. Special education records shall be maintained separately from general education records. All personally identifiable information will be stored in secure areas within each facility.
K. GRIEVANCES, DTSCTPT.TNE, BEHAVIOR MANAGEMENT AND ROOM CONFINEMENT
1. DCYS shall comply with the Grievance, Discipline, and Behavior Management policies and procedures for the MRYDC and its successor facilities set forth in Attachment § VII.K to this Consent Decree. The policies and procedures are incorporated and made a part of the Consent Decree as if fully set forth herein.
2. Residents whose behavior is out of control may be placed in their rooms for a "cooling off' period of no longer than sixty (60) minutes, starting as soon as the youth's behavior is under control. If the period of confinement exceeds two (2) hours from the time the student is actually placed in the room, a major rule violation report shall be written and a disciplinary hearing for a major rule violation shall be scheduled.
3. No rights of a student may be suspended for disciplinary reasons. Rights include meals, sleep, health care services, access to the courts, confidential access to legal counsel, freedom from physical or psychological abuse, recreation, education, due process in disciplinary matters and grievance procedures. Visitation and other privileges may be suspended or modified for documented reasons of safety, security or discipline. Privilege suspension or modification must be approved by the Director or Assistant Director and a disciplinary report must be completed.
4. Disciplinary confinement may only be used when a student commits one or more of the major rule violations specified in Policy 14.4.
5. No disciplinary confinement will be implemented prior to a disciplinary hearing and completion of the review process, except in those special circumstances enumerated in the policies and
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6. Any confinement over twenty-four (24) hours duration must be approved in writing by the Director or his/her designee.
7. In no case may a student be continued in disciplinary confinement for more than one hundred and twenty (120) hours.
T,. CLASSIFICATION
1. DCYS shall comply with the Classification and Segregation of Youth policies and procedures for the MRYDC and its successor facilities set forth as Attachment § VII.L to this Consent Decree. The policy and procedure is incorporated and made a part of the Consent Decree as if fully set forth herein.
2. In order to protect each juvenile resident from harm or violence, DCYS shall also maintain a system of classifying youth upon admission to the MRYDC as set forth in § VII. A. 2 above (Criteria for Single Room Placement). DCYS officials at the MRYDC shall control, separate, and/or segregate, for sleeping purposes, dangerous residents from the general population and shall separate and/or segregate, for sleeping purposes, those residents whose well being or safety would be threatened by exposure to the general population.
M. FTRF.
1. DCYS shall comply with the fire safety policy and procedure for the MRYDC and its successor facilities set forth as Attachment § VII.M to this Consent Decree. The policy and procedure is incorporated and made a part of the Consent Decree as if fully set forth herein.
2. DCYS shall conduct fire drills at the MRYDC three (3) times per month; once on each shift on a random shifts basis, to ensure that all staff members on each shift participate in at least one (1) fire drill per month.
3. DCYS shall conduct emergency drills other than fire drills at least quarterly at the MRYDC.
4. DCYS shall conduct annual evacuation drills.
5. DCYS shall follow the preventative maintenance schedule for the fire alarm and smoke detector systems at the MRYDC set forth in the Preventative Maintenance policies and procedures referenced in § VII.N below. Records of maintenance and repairs on these systems will be maintained as part of the systems.
6. DCYS shall maintain an adequate number of fire extinguishers
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at the MRYDC. The number and placement of the extinguishers shall be based on the recommendations of the appropriate fire prevention official.
7. DCYS agrees that the MRYDC shall be inspected annually by the appropriate state or local fire officials.
8. DCYS shall also follow Emergency Plans and procedures, in addition to fire emergency procedures, as set forth in the MRYDC Emergency Plans at Attachment § VII.R.
9. DCYS agrees to designate and train a fire safety officer responsible for ensuring compliance with fire safety and emergency plans at the MRYDC.
N. PPEVENTATTVE MAINTENANCE
1. DCYS shall comply with the Preventative Maintenance policies and procedures for the MRYDC and its successor facilities set forth in Attachment § VII.N to this Consent Decree. The policies and procedures are incorporated and made a part of the Consent Decree as if fully set forth herein.
2. DCYS agrees to designate a physical plant manager for the MRYDC.
3 . DCYS has allocated and shall maintain a supplemental labor position to assist with repairs on the MRYDC.
4. DCYS shall maintain existing plumbing at the MRYDC in working order and good operating condition.
5. DCYS shall ensure the appropriateness of water temperature settings in the bathrooms, kitchen, and laundry facilities at the MRYDC, and will continue to monitor the temperature setting, making adjustments when needed.
6. DCYS agrees that the roof of the MRYDC shall be maintained in adequate repair.
7. DCYS agrees that all lighting at the MRYDC shall be maintained and kept in good repair.
8. DCYS agrees that all sleeping room windows at the MRYDC shall be unfogged glass.
9. DCYS agrees to design procedures ensuring that lighting problems at the MRYDC are addressed in a timely manner.
10. DCYS shall ensure prompt repair of all wiring problems at the MRYDC.
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11. DCYS shall establish a lock maintenance program at the MRYDC. Problems with locks shall be noted on the fire drill logs, and locks shall be repaired within twenty-four (24) hours of the problem being noted.
O. SANTTATTON AND
1. DCYS agrees to ensure that sanitation fixtures at the MRYDC are maintained in compliance with all applicable federal, state, and local sanitation and health codes.
2. DCYS agrees that mattresses at the MRYDC shall be sanitized between uses.
3. DCYS agrees that mattresses in use at the MRYDC shall be covered by flame retardant anti-static ticking fabric designed to allow cleaning procedures that will control bacterial growth and allow for the eradication of ectoparasites.
4. DCYS agrees that mattresses at the MRYDC shall be maintained in good repair, and that any rips or tears will be repaired before the mattresses are re-used to ensure that the mattresses are amenable to appropriate cleaning regimens.
5. DCYS agrees that the MRYDC shall maintain appropriate health and sanitary standards required in doing laundry and in transporting clean and soiled laundry.
6. DCYS shall maintain and implement a written housekeeping plan for MRYDC, and in areas where youth are responsible for housekeeping, shall supply appropriate cleaning supplies and equipment.
7. DCYS shall provide appropriate outdoor clothing for outdoor recreation.
8. DCYS shall issue suitable, clean bedding and linen, including two sheets, one pillow and pillow case, one mattress, and sufficient blankets to provide comfort under existing temperature conditions. DCYS shall provide for linen exchange at least weekly.
P . FOOn SERVICE
1. DCYS agrees all youth in the MRYDC shall eat in the multipurpose room, with the exception of youth confined to rooms for disciplinary or health reasons.
2. DCYS agrees that the MRYDC shall comply with USFDA and state law rreeqquuiirements pertaining to food service.
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3. DCYS agrees that the MRYDC shall comply with the Georgia Rules and Regulations of food service requirements in preparation and maintaining appropriate temperatures.
4. DCYS agrees that a licensed dietician shall review the menus at the MRYDC.
5. DCYS agrees to ensure that the MRYDC shall conduct a daily self-inspection of kitchen premises, food service areas, and all food service equipment, and that this inspection shall be recorded and logged.
6. DCYS agrees that the MRYDC shall provide pest control services on at least a monthly basis.
7. DCYS agrees that the MRYDC shall carry out timely and periodic disposal of refuse, meaning at a minimum of two (2) times a week.
8. DCYS agrees that all special diets at the MRYDC shall be reviewed by a nutritionist and physician.
9. DCYS agrees that the MRYDC shall request and submit to annual inspections by the health department.
Q. KEY CONTROL
1. DCYS shall comply with the Key Control policies and procedures for the MRYDC and its successor facilities set forth as Attachment § VII.Q to this Consent Decree. The policies and procedures are incorporated and made a part of the Consent Decree as if fully set forth herein.
2. DCYS agrees to designate a key control officer to enforce the key control policy.
3. DCYS shall continue to maintain a key control policy that meets the safety needs of the residents of the MRYDC.
R . F.MF.ROF.NCY PLANS
1. DCYS shall comply with the Emergency Plans policies and procedures for the MRYDC and its successor facilities set forth as Attachment § VII.R to this Consent Decree. The policies and procedures are incorporated and made a part of the Consent Decree as if fully set forth herein.

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VTTT. MONTTORTNC?
A. CiENF.RAT, PROVTSTONfi
1. For a period of two years from the signing of this Consent Decree, DCYS and DOE shall permit Plaintiffs1 Counsel to monitor compliance with the terms set forth in the Consent Decree. The implementation of the Consent Decree will be reviewed at regular intervals for two years following the signing of the Decree.
2. Dr. Vincent Carbone will serve as the Plaintiff's expert during the monitoring period. DCYS will be responsible for the monitor's reasonable fees and actual costs incurred in connection with monitoring the agreement up to $6,000.00 a year.
3. If at any time during the monitoring period Dr. Carbone identifies a significant issue or problem with Defendant's performance under the terms of the Consent Decree, Defendants may retain their own expert to conduct a review and render an opinion as to the validity of the alleged issue or problem. Should the parties be unable to resolve any difference in their view points, Plaintiffs may invoke the procedures set out below for enforcing the Consent Decree.
4. Should significant problems in the technical physical plant arise during the course of the monitoring, DCYS and Plaintiffs' Counsel shall choose an independent sanitarian or otherwise qualified expert to address the physical plant issues. If agreement cannot be reached on a mutually satisfactory party, DCYS and Plaintiffs' Counsel will each designate a sanitarian and the two will choose a third that will be used by the parties. The expert will be reimbursed by DCYS for reasonable fees and actual costs of up to $2,000.00. All parties will have access to the findings relating to the monitoring visits.
5. For the duration of the two-year monitoring period, Plaintiffs' Counsel shall conduct semi-annual on-site inspections of the MRYDC accompanied by their expert, Dr. Carbone. These two inspections shall occur in February and August, after Plaintiffs' Counsel have completed the first and second document reviews in each of the two monitoring years. Each monitoring visit will consist of no more than two consecutive days on-site. Following the visit, the expert shall prepare a written report outlining the expert's findings and conclusions. This report shall be provided to the parties within thirty (30) of the completion of the expert's on-site visit.
6. Document production and review will take place in January, July and November.
7. Plaintiffs' Counsel will consult with DCYS and DOE to
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schedule the twice-yearly visits. DCYS and DOE shall receive thirty (30) days notice of each monitoring visit.
8. During monitoring visits, Plaintiffs' Counsel will be provided the opportunity to observe relevant educational programs, as well as daily program activities in order to monitor compliance with the agreement.
9. Defendants shall be responsible for reasonable legal fees accrued by Plaintiffs' Counsel during the course of the two year monitoring period. Defendants will not, however, be responsible for legal fees associated with monitoring in excess of $2,500.00 per year.
10. Upon reasonable notice to DCYS, Plaintiffs' Counsel will continue to have access to the youth detained at the MRYDC for the purpose of monitoring compliance with this agreement.
ft. PROVISION OF DOCUMENTATION AND REPORTS
During the two-year monitoring period, DCYS and DOE, where applicable, shall provide Plaintiffs' Counsel with copies of the following documents three times annually:
1. Program Review:
a. Use of Force reports filled out during that trimester;
b. Mechanical Restraint Inventory Control forms filled out during that trimester;
c. OC Inventory Control forms filled out during that trimester;
d. OC Report forms filled out during that trimester, including the assessments required by the Director;
e. Incident Reports filled out during that trimester;
f. Documents containing requests to any outside agency (i.e. DFCS or law enforcement, but not the crisis team) to investigate an incident or to control behavior, including any reports or findings connected to that incident. If the investigation of a particular incident is open, Plaintiffs' Counsel will be given notice of the existence of an investigation and the nature of the allegations when copies of documents are provided under this section, and will be provided with a copy of the final report when the investigation is resolved or closed;
g. Documents containing requests directed at an outside

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agency, or department within DCYS, to investigate alleged child abuse, and any findings of the investigations. If the investigation of a particular incident is open, Plaintiffs1 Counsel will be given notice of the existence of the investigation and the nature of the allegations when copies of documents are provided to Plaintiffs' Counsel under this section and will be provided with a copy of the final report when the investigation is resolved or closed;
h. A quarterly report documenting disciplinary action against any staff member at the MRYDC to the extent such information is not treated as confidential by law, in which case a summary will be provided to Plaintiff's counsel under an agreement of confidentiality;
i. Copies of all the IEPs drafted or used by the MRYDC staff during the trimester; subject to applicable rules and regulations governing the release of such records;
j. Copies of program reviews, audits and findings related to the MRYDC and programs offered therein;
k. Reports setting forth the following information, subject to applicable rules and regulations governing the release of such records:
(i) Youth at the MRYDC previously identified as handicapped or as qualified for special educational services by another school;
(ii) Youth admitted to the MRYDC school who are then referred for an individual evaluation to determine the appropriateness of special education services;
(iii) Youth at the MRYDC who were provided a triennial special education evaluation or a new evaluation for special education services; and
(iv) Impartial due process hearings requested for youth at the MRYDC.
1. All resident grievances filled out during the quarter, including the dispositions;
m. All criminal or juvenile legal charges filed against any youth during the reporting period for actions occurring while in the physical custody of the MRYDC, including the dispositions of the above-mentioned charges if known.
n. In addition to providing Plaintiffs' Counsel with copies of the above-listed documents three times annually,
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DCYS will continue to send Plaintiffs1 Counsel the MRYDC census report once a week on Wednesday. The census report will include- each resident's name, age, room number, commitment date, number of days in the facility, and the offense with which the resident is charged;
2. Health and Safety:
a. All fire and safety inspection reports required by policy, including any reports received by a state or local government agency;
b. Reports documenting emergency evacuation and fire drills during the trimester;
c. Report describing all fires and emergency situations requiring evacuation or emergency response (police, fire, EMT) during the trimester;
3. Training and Background Checks:
a. DCYS will provide a list of new hires and an acknowledgement that each person's criminal record was checked in accordance with DCYS policy;
b. Documentation of any criminal charges known by DCYS to be pending against any MRYDC employees.
c. ACCESS TO DOCUMENTATION AND REPORTS
During the two-year monitoring period, DOE and DCYS shall provide Plaintiffs' Counsel with access to documents three times a year. Plaintiffs' Counsel will provide DCYS and/or DOE with forty-eight (48) hours advance notice of their intent to review and/or copy records. Plaintiffs' Counsel will review records between the hours of 8:30 a.m. and 5:00 p.m., during the work week. These record review sessions will not exceed three days in a trimester. Plaintiffs' Counsel will have the right to review and/or copy the contents of all reports, logs, and documents. This section is not intended to limit any rights Plaintiffs' Counsel may have to access information under any other laws. Plaintiffs' Counsel shall be provided access to materials documenting the following:
1. All logs, files, incident reports and other documentation relating to the use of isolation for control or disciplinary purposes;
2. All logs, files, incident reports and other documentation relating to the use of physical force, including restraint for the purposes of control;
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3. All logs, files, incident reports and other documentation relating to the use of chemical restraints;
4. All logs, files, incident reports, written staff notification and other documentation relating to youth placed on suicide watch;
5. All logs, files, incident reports, written staff notification and other documentation relating to youth transferred to other facilities for any reason, including medical or mental health control, discipline etc.;
6. All logs, files, incident reports, written staff notification and other documentation relating to injury to staff or youth involved in an altercation, attack or accident;
7. All logs, files, incident reports, written staff notification and other documentation relating to educational services for the general population, complaints filed with DOE and IEPs for all MRYDC special education students, subject to applicable rules and regulations governing the release of such records;
8. All logs, files, incident reports, written staff notification and other documentation relating to program reviews, audits and findings concerning the MRYDC and programs offered therein;
9. All staff meeting forms;
10. All of the MRYDC director's reports turned in to the DCYS, including the monthly action plan prepared by the MRYDC director for review by the director of detention services;
11. All training materials distributed to staff as part of onsite training and all training materials which are brought back to the facility by MRYDC staff who attend off-site training programs;
12. All logs, files, incident reports, written staff notification and other documentation filed relating to youth grievances, including the dispositions;
13. All logs, files, incident reports, written staff notification and other documentation relating to legal charges filed against any youth while in the MRYDC, with the exception of information related to an incident currently under investigation or contained in a personnel file and classified as confidential.
In circumstances where an investigation is open, Plaintiffs' Counsel will be notified at the time a charge is filed and will
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be provided access to files and reports when the matter is officially closed;
14. All logs, files, incident reports, written staff notification and other documentation relating to youth discipline, including the findings of fact and the disposition of the major rule violations, and any related staff conduct investigations with the exception of information related to an incident currently under investigation or contained in a personnel file and classified as confidential. In circumstances where an investigation is open, Plaintiff's Counsel will be notified of the existence and nature of the investigation when access to documents is provided under this section, and will be provided access to the files and reports relating to the investigation when the matter is officially closed;
15. All logs, files, incident reports, written staff notification and other documentation relating to the residents' progress in the behavior modification plan;
16. All logs, files, incident reports, written staff notification and other documentation relating to items or privileges purchased through the behavior modification points plan;
17. All logs, files, incident reports, written staff notification and other documentation relating to evacuation plans and documentation of fire and emergency drills;
18. All logs, files, incident reports, written staff notification and other documentation relating to the inspection and testing of fire prevention equipment;
19. All logs, files, incident reports, written staff notification and other documentation relating to building repair and maintenance, including work orders;
20. All logs, files, incident reports, written staff notification and other documentation relating to the building affecting health, safety or security, including work orders and outside inspection results;
21. All logs, files, incident reports, written staff notification and other documentation relating to keys, tool control and scheduled building maintenance;
22. All logs, files, incident reports, staff notification and other documentation relating to diet and food service;
23. All logs, files, incident reports, written staff notification and other documentation relating to medical and

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mental health services;
24. All medical and health files for youth residing in the MRYDC;
25. Access to documentation that the facility furnishings used in living units meet applicable fire and safety standards;
26. All logs, files, incident reports, written staff notification and other documentation relating to staffing levels, patterns, and scheduling;
27. All information, logs, files, incident reports, written staff notification and other documentation relating to population census, population levels, and population control planning;
TX. TRAINING ON IMPLEMENTATION OF CONSENT ORDER
DCYS shall conduct a training program with the goal of familiarizing all employees responsible for carrying out this Agreement and Consent Decree. DCYS shall provide Plaintiffs' Counsel with access to all written materials to be used in the training program, in addition to a list of all positions and employees who receive the training.
X. ENFORCEMENT
1. During the two-year monitoring period, if Plaintiffs' Counsel discovers significant problems with Defendant's compliance with the terms of the Consent Decree, they will provide written notice to DCYS and/or DOE, including a demand to cure the alleged breach at issue. DCYS and/or DOE shall respond to the complaint within thirty days (30) days, and if agreed upon, attempt to address and cure the problem within a specified time. In the event there is no agreement concerning the alleged breach, the parties agree to submit the disputed issues to mediation within sixty (60) days of the written notice of the contested issues, and prior to bringing the matter back to court.
2. In the event the problem discovered is an emergency affecting the health, safety or security of the youth detained at the MRYDC, Plaintiffs' Counsel will provide DCYS and/or DOE with written notice of the problem and give Defendants seventy-two (72) hours to cure the problem. If the level of risk merits it, however, Plaintiffs' Counsel will demand immediate reaction, and should DCYS refuse to respond, Plaintiffs' Counsel will petition the Court for emergency relief limited only to the situation at hand.

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f

XT. MOnTFTCATTOKf
The parties recognize that the policies and procedures may need to be revised in the future. The need for change may stem from revision to federal statutes or state regulations. DCYS and DOE agree to make any proposed changes in policy in good faith and in keeping with the spirit of the Consent Decree. For a period of two years from the date of signing the Stipulation for Consent Decree and Consent Decree, prior to enactment, all proposed changes to the policies and procedures attached to and incorporated in the Consent Decree shall be submitted in writing to Plaintiffs' Counsel. Plaintiffs' Counsel shall then have a thirty (30) day right to respond. However, if the change in policy or procedure relates to a health or safety issue, or is proposed in response to an emergency situation, Plaintiffs' Counsel shall have a maximum of fifteen (15) days to respond. If no agreement is reached concerning the proposed changes, the parties agree that prior to going back to Court, the issue will be submitted to mediation by the Consortium on Negotiation and Conflict Resolution. This mediation will take place within seventy-five (75) days of the initial notice of the proposed change. DCYS and DOE shall provide written copies of the revised portion of the policies to Plaintiffs' Counsel.
XX. T5RMTNATTON OF JURTfiDTCTTON
This Order will automatically terminate upon the passage of two years from its date of entry by the Court unless there is a contempt motion pending or unless otherwise ordered by the Court.
With satisfactory compliance with the terms and conditions of the Consent Order entered in this case, the jurisdiction of this Court shall automatically terminate two years from the date of entry of this Order.
On the basis of this Order, the right of Plaintiffs' Counsel to visit youth detained at the MRYDC for purposes of monitoring compliance with the agreement shall terminate when the Court's jurisdiction terminates.

IT IS SO DECREED this

day of

, 1997.

JUDGE JULIE E. CARNES UNITED STATES DISTRICT COURT

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PRESENTED BY:

JOHN w. ms Georgia^ar No. 324130 Attorney for Plaintiffs POWELL, GOLDSTEIN, FRAZER & MURPHY LLP Sixteenth Floor 191 Peachtree Street, N.E. Atlanta, Georgia 30303 (404) 572-6600
CONSENTED TO AS TO FORM AND ENTRY:
David Anderson Hooker Georgia Bar No. 364980 Assistant Attorney General for Defendant Department of Juvenile Justice Georgia Department of Law 40 Capital Square, Suite 228 Atlanta, Georgia 30334-1300
Katftryn L. Georgia Bar No. 011050 Senior Assistant Attorney General for Defendant Department of Education Georgia Department of Law 4 0 Capital Square, S.W. Atlanta, Georgia 30334-1300
3DMA\PCDOCS\ATL\519 52\3A
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U.S. District Court Northern District of Georgia (Atlanta) CIVIL DOCKET FOR CASE #: 1:93-cv-00642-JEC

CLOSED

Doe v. Napper, et al Assigned to: Judge Julie E. Carnes Demand: $0 Cause: 42:1983 Civil Rights Act
Plaintiff
John Doe 1; by his next friend MARY DOE 1; JOHN DOE 2 by his next friend MARY DOE 2; JANE ROE 1 by her next friend MARY ROE 1; JANE ROE 2 by her next friend MARY ROE 2; JANE ROE 3 by her next friend, MARY ROE 3

Date Filed: 03/26/1993 Jury Demand: None Nature of Suit: 440 Civil Rights: Other Jurisdiction: Federal Question
represented by Catherine C. Vandenberg Atlanta Legal Aid Society, Inc. 32 Waddell Street Marietta, GA 30090-2900 770-528-2565 Email: ccvandenberg@atlantalegalaid.org TERMINATED: 12/05/1996 LEAD ATTORNEY ATTORNEY TO BE NOTICED
Charles Richardson Bliss Buckley & Klein 1180 West Peachtree Street Suite 1100, Atlantic Center Plaza Atlanta, GA 30309 404-781-1100 Fax: 404-781-1101 Email: crbliss@buckleyklein.com TERMINATED: 12/05/1996 LEAD ATTORNEY ATTORNEY TO BE NOTICED
Frank Love, Jr. Powell Goldstein LLP One Atlantic Center, 14th Floor 1201 West Peachtree St, N.W. Atlanta, GA 30309-3488 404-572-6600 LEAD ATTORNEY ATTORNEY TO BE NOTICED
Gary Jay Leshaw Gary Leshaw and Associates 755 Commerce Place Suite 800 Decatur, GA 30030

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V.
Defendant
George Napper, Jr. in his official capacity as Commissioner of the Georgia Department of Children ans Youth Services;

404-601-4130 Email: gary2585@aol.com TERMINATED: 12/05/1996 LEAD ATTORNEY ATTORNEY TO BE NOTICED
John Weldon Harbin Powell Goldstein LLP One Atlantic Center, 14th Floor 1201 West Peachtree St, N.W. Atlanta, GA 30309-3488 404-572-6600 Fax: 404-572-6999 Email: jharbin@pgfm.com LEAD ATTORNEY ATTORNEY TO BE NOTICED
Kathleen Ann Dumitrescu Atlanta Legal Aid Society, Inc. 32 Waddell Street Marietta, GA 30090-2900 770-528-2565 TERMINATED: 12/05/1996 LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Cynthia Honssinger Frank Office of State Attorney General 40 Capitol Square, S.W. Atlanta, GA 30334-1300 404-656-3385 LEAD ATTORNEY ATTORNEY TO BE NOTICED
Michael J. Bowers Balch & Bingham LLP 3535 Piedmont Road, NE 14 Piedmont Center, Suite 1100 Atlanta, GA 30305 404-261-6020 Email: mbowers@balch.com LEAD ATTORNEY ATTORNEY TO BE NOTICED
Carol Atha Cosgrove Office of State Attorney General 40 Capitol Square, S.W.

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Defendant James - Phillips in his official capacity as Director of the Marietta Regional Youth Detention Center;
Defendant Werner Rogers in his official capacity as Georgia State School Superintendent
Defendant State Board of Education

Atlanta, GA 30334-1300 404-656-3385
William C. Joy Office of State Attorney General 40 Capitol Square, S.W. Atlanta, GA 30334-1300 404-656-3385
represented by Cynthia Honssinger Frank (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Michael J. Bowers (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Carol Atha Cosgrove (See above for address)
William C. Joy (See above for address)
represented by Kathryn Lloyd Allen Office of State Attorney General 40 Capitol Square, S.W. Atlanta, GA 30334-1300 404-656-3385 LEAD ATTORNEY ATTORNEY TO BE NOTICED
Dennis Robert Dunn Office of State Attorney General 40 Capitol Square, S.W. Atlanta, GA 30334-1300 404-656-7298 Fax: 404-657-9932 Email: Dennis.Dunn@law.state.ga.us
represented by Kathryn Lloyd Allen (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Dennis Robert Dunn

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Date Filed 03/26/1993 03/26/1993 03/26/1993 03/26/1993 03/26/1993 03/30/1993 03/31/1993 04/08/1993 04/12/1993
04/14/1993 04/14/1993 04/14/1993
04/19/1993 04/19/1993

(See above for address)

#

Docket Text

1 COMPLAINT filed summons issued. Consent form to proceed before U.S. magistrate and pretrial instructions given to attorney. FILING FEE $ 120.00 RECEIPT # 185118 (ds) (Entered: 03/30/1993)

2 ANSWER TO MANDATORY INTERROGATORIES by John Doe (ds) (Entered: 03/30/1993)

3 MOTION by plaintiff John Doe to proceed in pseudonym with brief in support. (ds) (Entered: 03/30/1993)

ATTACHMENTS to motion to proceed in pseudonym by John Doe [31]. (FILED UNDER SEAL) (ds) (Entered: 03/30/1993)

4 MOTION by plaintiff John Doe for expedited discovery with brief in support. (ds) (Entered: 03/30/1993)

SUBMITTED on motion to proceed in pseudonym by John Doe [3-1], motion for expedited discovery by John Doe [4-1] Judge Julie E. Carnes. (ds) (Entered: 03/30/1993)

5 Return of service executed 3/26/93 as to James Phillips, Werner Rogers, State Board of Educ & Commissioner Ga Departmt of Children and Youth Services on original complaint. (cbm) (Entered: 04/05/1993)

6 MOTION by plaintiff John Doe to certify class action with brief in support. (ds) (Entered: 04/12/1993)

7 Memo by defendant George Napper Jr., defendant James - Phillips, defendant Werner Rogers, defendant State Board of Educ in Opposition to motion for expedited discovery by John Doe [4-1] (ds) (Entered: 04/14/1993)

8 Supplement to defts memorandum [7-1] (ds) (Entered: 04/15/1993)

HEARING HELD on motion for expedited discovery by John Doe [4-1], motion to proceed in pseudonym by John Doe [3-1] before Judge Julie E. Carnes; (ds) (Entered: 04/15/1993)

9 ORDER GRANTING motion to proceed in pseudonym by John Doe [31], GRANTING motion for expedited discovery by John Doe [4-1] to the extent that defense must supply requested documents/records by Friday, May 14, 1993, pltfs may inspect premises on June 1st or 2nd, 1993. Pltfs request to interview staff is denied by Judge Julie E. Carnes. (cps srvd by crt/dp) (ds) (Entered: 04/15/1993)

10 ANSWER to complaint [1-1] by Werner Rogers, State Board of Education. (ds) (Entered: 04/22/1993)

11 ANSWER to complaint [1-1] by George Napper Jr., James - Phillips. (ds) (Entered: 04/22/1993)

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04/23/1993 04/26/1993 04/28/1993 04/30/1993 05/01/1993 05/03/1993 05/03/1993 05/10/1993 05/27/1993 06/01/1993 06/01/1993 06/01/1993 06/08/1993 06/08/1993 06/14/1993 06/14/1993 06/14/1993 06/17/1993 06/17/1993

12 Response by defendants to motion to certify class action by John Doe [61] (ds) (Entered: 04/28/1993)
13 JOINT STATEMENT concerning class communications. (ds) (Entered: 04/29/1993)
SUBMITTED on motion to certify class action by John Doe [6-1] to Judge Julie E. Carnes . (ds) (Entered: 04/28/1993)
14 ANSWER TO MANDATORY INTERROGATORIES by Werner Rogers, State Board of Educ (ds) (Entered: 05/04/1993)
18 Joint Preliminary Statement and Scheduling Order. (to judge) (ds) (Entered: 05/19/1993)
15 ANSWER TO MANDATORY INTERROGATORIES by George Napper Jr., James - Phillips (ds) (Entered: 05/06/1993)
16 Certificate of interested persons. (to judge) (ds) (Entered: 05/06/1993)
17 REPLY by John Doe to response to motion to certify class action by John Doe [6-1]. (ds) (Entered: 05/14/1993)
Proposed amendment to complaint [1-1] by plaintiff John Doe (jec for consideration). (ds) (Entered: 06/07/1993)
Telephone Conference held before Judge Julie E. Carnes; (ds) (Entered: 06/08/1993)
ORDER endorsed on motion, APPROVING preliminary statement [18-1] by Judge Julie E. Carnes. cc (ds) (Entered: 06/08/1993)
19 ORDER Discovery ends 1/14/94. Trial set for June 1994 by Judge Julie E. Carnes. cc (ds) (Entered: 06/08/1993)
20 ORDER that pltfs proposed amended complaint is approved and allowed filed by Judge Julie E. Carnes. cc (ds) (Entered: 06/10/1993)
21 AMENDMENT TO COMPLAINT [1-1] by John Doe. (ds) (Entered: 06/10/1993)
22 Application for leave of absence of Kathryn Lloyd Allen for July 6- 21, 1993 (jec for aprvl) (ds) (Entered: 06/21/1993)
23 ANSWER to amended complaint [21-1] by George Napper Jr., James Phillips. (ds) (Entered: 06/21/1993)
24 ANSWER to amended complaint [21-1] by Werner Rogers, State Board of Educ. (ds) (Entered: 06/21/1993)
25 MOTION by plaintiff John Doe to amend complaint [1-1] with brief in support. (jec) (ds) (Entered: 06/22/1993)
26 Notice of FILING UNDER SEAL by plaintiff John Doe. (jec) (ds) (Entered: 06/22/1993)

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06/22/1993 07/02/1993 08/02/1993
11/12/1993 11/19/1993
01/10/1994
03/08/1994 04/18/1994 04/18/1994 04/22/1994
07/18/1994 07/20/1994 09/06/1994 09/09/1994
09/22/1994
10/25/1994
11/14/1994

27 ORDER GRANTING leave of absence of Kathryn Lloyd Allen for July 6- 21, 1993 [22-1]. (aprvd by crt/dp) cc (ds) (Entered: 06/25/1993)
28 ANSWER to motion to amend complaint by George Napper Jr., James Phillips. (er) (Entered: 07/07/1993)
29 CONSENT ORDER w/motion extending time to 8/16/93 for defts to respond to plas discovery requests by Judge Julie E. Carnes. cc (ds) Modified on 08/09/1993 (Entered: 08/09/1993)
30 Joint MOTION to extend discovery to 4/15/94 . (jec for consideration) (ds) (Entered: 11/18/1993)
31 CONSENT ORDER GRANTING joint motion to extend discovery to 4/15/94 [30-1]; Discovery ends 4/15/94 by Judge Julie E. Carnes. FINAL EXTENSION cc (ds) (Entered: 11/23/1993)
32 ORDER GRANTING motion to amend complaint [1-1] by John Doe [25-1], GRANTING motion to certify class action by John Doe [6-1] by Judge Julie E. Carnes. cc (ds) (Entered: 01/11/1994)
33 (Letter) Joint request for status conference. (ds) (Entered: 03/14/1994)
34 Status of legal issues related to settlement of class action. (jec) (ds) (Entered: 04/19/1994)
35 Status of Consent Negotiation. (ds) (Entered: 04/20/1994)
SETTLEMENT CONFERENCE before Judge Julie E. Carnes. Parties are making progress towards settlement. Requests not to submit pretrial order were granted. Parties will update Court on status of settlement by 6/30/94. (dfb) (Entered: 04/25/1994)
36 STATUS REPORT by dfts. (ds) (Entered: 07/22/1994)
37 Letter from chambers directing counsel to submit updated progress report by the end of August. (ds) (Entered: 07/22/1994)
38 JOINT STATUS REPORT . (ds) Modified on 09/08/1994 (Entered: 09/08/1994)
39 ORDER dismissing case w/o costs and w/o prejudice to reopen by May 1, 1995 if settlement not consummated by Judge Julie E. Carnes. cc (ds) (Entered: 09/12/1994)
40 MOTION by plaintiff John Doe to alter or amend judgment , relief from judgment , or for clarification with brief in support. (ds) (Entered: 09/23/1994)
SUBMITTED on motion to alter or amend judgment by John Doe [40-1], motion relief from judgment by John Doe [40-2], motion for clarification by John Doe [40-3] to Judge Julie E. Carnes . (ds) (Entered: 10/25/1994)
41 Letter from chamber in response to motion to alter or amend judgment [40-1], motion relief from judgment [40-2], motion for clarification [40-

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05/03/1995 04/11/1996
04/19/1996 04/19/1996 04/26/1996 04/30/1996 04/30/1996 07/02/1996 07/26/1996
08/19/1996
10/29/1996 11/19/1996 11/22/1996
12/05/1996 12/05/1996
12/09/1996 12/17/1996

3] by Judge Julie E. Carnes (ds) (Entered: 11/17/1994)
42 JOINT STATUS REPORT. (ds) (Entered: 05/08/1995)
43 ORDER directing parties to show cause w/n (11) days in re: sealed material by Judge Julie E. Carnes. (cps srvd by crt/dp) (ds) Modified on 04/12/1996 (Entered: 04/12/1996)
44 Joint response to order [43-1]. (ds) (Entered: 04/25/1996)
SUBMITTED on order [43-1] to Judge Julie E. Carnes . (ds) (Entered: 04/25/1996)
45 ORDER that sealed material be returned to submitting party by Judge Julie E. Carnes. cc (ds) (Entered: 05/01/1996)
CASE REFERRED to Mag Judge Joel M. Feldman for settlement conference only. (ds) (Entered: 05/01/1996)
Completed referral to Mag Judge Joel M. Feldman . (ds) (Entered: 11/20/1996)
46 Attorney appearance for pla by Frank Love Jr., John Weldon Harbin. (ds) (Entered: 07/05/1996)
47 MOTION to withdraw by Charles Richardson Bliss, Gary Jay Leshaw, Catherine C. Vandenberg, Kathleen Ann Dumitrescu as attorney for plas with brief in support. (ds) (Entered: 08/01/1996)
SUBMITTED on motion to withdraw by Charles Richardson Bliss, Gary Jay Leshaw, Catherine C. Vandenberg, Kathleen Ann Dumitrescu as attorney for plas [47-1] to Judge Julie E. Carnes . (ds) (Entered: 08/19/1996)
48 MOTION by pla to reopen case , and to reopen discovery with brief in support. (ds) (Entered: 11/06/1996)
49 Response by dfts to pla's motion to reopen case [48-1], motion to reopen discovery [48-2]. ( (ds) (Entered: 11/22/1996)
SUBMITTED on pla's motion to reopen case [48-1], motion to reopen discovery [48-2] to Judge Julie E. Carnes. (YOU HAVE FILE) (ds) (Entered: 11/22/1996)
50 Letter from chamber setting conference for 12/17/96; 2:00 p.m. (cps srvd by crt/dp) (ds) (Entered: 12/09/1996)
51 ORDER by Judge Julie E. Carnes GRANTING [47-1] motion to withdraw by Charles Richardson Bliss, Gary Jay Leshaw, Catherine C. Vandenberg, Kathleen Ann Dumitrescu as attorney for plas (cc) (ds) (Entered: 12/09/1996)
52 Reply brief to [48-1] motion to reopen case, [48-2] motion to reopen discovery by plaintiff John Doe . (ds) (Entered: 12/11/1996)
STATUS CONFERENCE HELD before Judge Julie E. Carnes; Clerk to

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02/18/1997 02/24/1997
07/15/1997 07/15/1997 08/11/1997 08/11/1997 08/26/1997 08/27/1997 08/28/1997
09/24/1997 10/01/1997 10/03/1997
10/03/1997 10/27/1997 10/28/1997 11/13/1997
12/12/1997

resubmit motions on 2/3/97. (ds) (Entered: 12/17/1996)
SUBMITTED to Judge Julie E. Carnes on [48-1] motion to reopen case, [48-2] motion to reopen discovery (ds) (Entered: 02/18/1997)
53 ORDER by Judge Julie E. Carnes DENYING w/o prejudice [48-1] motion to reopen case by John Doe, DENYING w/o prejudice [48-2] motion to reopen discovery by John Doe. Upon compliance w/ 12/17/96 order the court will reconsider its ruling. (cc) (ds) (Entered: 02/25/1997)
54 MOTION by plaintiff to reopen with brief & affidavit in support. (ds) (Entered: 07/22/1997)
54 STATUS REPORT by plaintiff. (ds) (Entered: 07/22/1997)
SUBMITTED to Judge Julie E. Carnes on [54-1] motion to reopen (ds) (Entered: 08/11/1997)
55 Response by defendants in Opposition to [54-1] motion to reopen (ds) (Entered: 08/13/1997)
56 REPLY by plaintiff to response to [54-1] motion to reopen (ds) (Entered: 08/27/1997)
57 AMENDED REPLY by plaintiff to response to [54-1] motion to reopen (ds) (Entered: 08/29/1997)
58 ORDER by Judge Julie E. Carnes DEFERRING ruling on [54-1] motion to reopen by John Doe, Counsel to submit memorandum outlining obstacles of settlement by 9/19/97 [54-1] motion to reopen to be submitted on 9/20/97 (cc) (ds) (Entered: 08/29/1997)
SUBMITTED to Judge Julie E. Carnes on [58-1] order, [54-1] status report, [54-1] motion to reopen (ds) (Entered: 09/24/1997)
59 (Letter) Response by defendant George Napper Jr., defendant James Phillips to [58-1] order. (ds) (Entered: 10/06/1997)
60 ORDER by Judge Julie E. Carnes GRANTING [54-1] motion to reopen. Counsel to submit joint proposed scheduling order indicating a tentative discovery schedule & amt of discovery time needed w/n 20 days, [60-1] order to be submitted on 10/30/97 (cc) (ds) (Entered: 10/06/1997)
Case reopened. (ds) (Entered: 10/06/1997)
61 JOINT REPORT. (ds) Modified on 10/28/1997 (Entered: 10/28/1997)
SUBMITTED to Judge Julie E. Carnes on [61-1] status report, [60-1] order. (ds) (Entered: 10/28/1997)
62 ORDER by Judge Julie E. Carnes, Discovery ends 3/9/98. Motions for sum.jgm. due 3/30/98; , If no motion filed, PTO due on 4/9/98; If motions filed PTO due 30 days after ruling. , [62-1] order to be submitted on 4/10/98 if no motion or PTO filed (cc) (ds) (Entered: 11/17/1997)
63 Stipulation, for consent decree, and consent decree approved by Judge

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01/30/1998

Julie E. Carnes. (w/1 vol exhibits) (ds) Modified on 02/02/1998 (Entered: 12/15/1997)
Case terminated. (ds) (Entered: 02/02/1998)

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