IN THE UNITED STATES DISTRICT COURT ^ 1Z7L THE NORTHERN DISTRICT OF MISSISSIPPI
EASTERN DIVISION

UNITED STATES OF Al-IERICA, Plaintiff,
v. CITY OF CORINTH, MISSISSIPPI, et al.,
Defendants.

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Civil Action No.

CONSENT ORDER

U.S. v. Corinth City

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JC-MS-008-003

TABLE OF CONTENTS

I. INTRODUCTION

3

II. DEFINITIONS

3

III. BACKGROUND

4

IV. NEW JAIL CONSTRUCTION

5

V. SUBSTANTIVE PROVISIONS

5

A. Policies and Procedures

5

B. "Staffing. Operational, and Security Procedures . . 6

C. Inmate Classification

10

D. Fire Safety

10

E. Medical and Mental Health Care

13

F. Suicide Prevention

20

G. Food and Water Service

23

H. Exercise

23

I. Hvaiene and Personal Items

24

J. Disciplinary System

24

K. Access to Courts

25

VI. CONSTRUCTION, IMPLEMENTATION,

AND TIMING OF COMPLIANCE

27

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I. INTRODUCTION 1. This Court has jurisdiction over this action pursuant to 28 U.S.C. § 1345. 2. Venue in the Northern District of Mississippi is appropriate pursuant to 28 U.S.C. § I391(b). 3. The United States has met all pre-filing requirements stated in the Civil Rights of Institutionalized Persons Act, 4 2 U.S.C. § 1997-et sea. II." DEFINITIONS 4. "Plaintiff" shall refer to the United States of America. 5. "Defendants" shall refer to City of Corinth, Mississippi, the Mayor of the City of Corinth, and his agents and successors in office, the members of the City of Corinth Board of Aldermen, the Chief of Police for the City of Corinth and ths Chief Correctional Officer of the City of Corinth Jail along with their agents and successors in office. 6. The terms "inmate" or "inmates" shall refer to one or more individuals sentenced to, incarcerated in, detained at, or otherwise confined at either the existing City of Corinth Jail ("the Jail") or any facility that is built to replace the Jail. 7. The term "suicide cell" shall refer to the newly renovated cell that the City of Corinth Jail has established for suicidal, mentally ill, violent inmates and those inmates suffering from acute alcohol/drug withdrawal. 8. The term "special needs inmates" shall refer to those inmates who are suicidal, mentally ill, mentally retarded,

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intoxicated, under the influence of alcohol or other substances, or any inmates who are a danger to themselves or others. The term "special needs cell" shall refer to those cells in the Jail that are suicide resistant.
III. BACKGROUND 9. The Defendant City of Corinth owns and funds the operation of the City of Corinth Jail located in Corinth, Mississippi. ' . 10." In their official capacity, the Defendants Chief of Police of the City of Corinth and Chief Correctional Officer of the City of Corinth Jail are responsible for the day-to-day operation of the Jail and have custody of the Jail and its inmates. 11. Pursuant to the Civil Rights of Institutionalized Persons Act ("CRIPA"), 42 U.S.C. § 1997 et sea.. on June 15-16, 1993, the United States toured the Jail with experts in the fields of penology, correctional health care and environmental sanitation. On September 9, 1993, the United States issued a findings letter based on its investigative tours by experts regarding the conditions of confinement at the Jail. 12. The parties to this Consent Decree recognize the constitutional rights of the inmates confined at the Jail. The parties agree that this case is particularly appropriate for settlement rather than litigation. After discussions and in order to avoid litigation regarding the constitutionality of the
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care and confinement of inmates at the Jail, the parties agree upon this Consent Order covering the following provisions.
IV. NEW JAIL CONSTRUCTION 13. If the City of Corinth decides either alone or jointly with Alcorn County to construct a new Jail to replace the existing Jail, the Defendants agree to consult with the United States regarding the construction of the new Jail. 14. The Defendants agree to construct any new Jail in accordance with the American Correctional Association's (hereinafter "ACA") standards in effect at the time of the construction. 15. The Defendants agree to construct any new Jail in accordance with the Americans with Disabilities Act of 1990, 42 U.S.C. §§ 12101-12213 and 47 U.S.C. §§ 225 and 611, and the regulations thereunder. 16. If the Defendants decide to build a new Jail, the Defendants agree to establish a schedule for construction of the new Jail with specific deadlines to accomplish the following tasks: (1) finalize plans and specifications, (2) advertise for construction bids, (3) award contracts, (3) issue notice to proceed to contractor(s), (4) complete construction, and (5) occupy the new facility. V. SUBSTANTIVE PROVISIONS
A. Policies and Procedures 17. The Defendants shall draft a staff manual delineating the general policies and procedures of the Jail. The Defendants
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shall ensure that the Jail is strictly operated according to such policies and procedures. The staff manual shall include, but not be limited to, all policies and procedures described in this Order.
18. The Defendants shall distribute the staff manual to every staff member having contact with inmates at the Jail. All staff members must sign a statement indicating that they have read and understand the manual. The Defendants shall review and update the staff manual annually.
19. The Defendants shall draft an inmate handbook delineating the general policies and procedures of the Jail. The Defendants shall distribute the inmate handbook to every inmate within twenty-four hours of arrival.
B. Staffing, Operational, and Security Procedures 20. To maintain safety and security within the Jail and to implement the terms of this Order, the Defendants shall hire three full-time jailers in order to provide continual around-theclock supervision of inmates. 21. In order to maintain the above listed staffing levels, Defendants must also hire sufficient extra staff to cover absences due to illness, vacation or other reasons. The extra staff may consist of either full-time or part-time officers. Whether full- or part-time, Defendants must adequately train all staff in accordance with the terms of this Order.
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22. When female inmates are housed at the Jail, a female jailer or dispatcher must be available to provide adequate supervision of women inmates.
23. All staff shall be dedicated solely to administering the Jail, except for a female dispatcher if used to monitor female inmates.
24. Defendants shall establish a jail officer's station on the top floor of the Jail. The station shall have an officer present and on duty at all times with two-way audio communication capability with the dispatcher on the first floor.
25. The Defendants shall ensure that the Jail has sufficient staff to implement all terms of this Order.
26. The Defendants shall ensure that current and new Jail staff members are sufficiently well-trained to implement the terms of this Order. Such training shall include, but not be limited to, appropriate training and certification in CPR (cardiopulmonary resuscitation) , training by the City of r-oiinth or Alcorn County mental health professionals to recognize and deal with special needs inmates, and training by a local medical professional on administering medicine along with recognizing the side-effects of medications commonly administered at the Jail.
27. In order to ensure that current and new Jail staff members are sufficiently well-trained, Defendants shall implement an adequate training program. All employees must complete 40 hours of in-service training every year. In addition to the 40 hour in-service training, new staff shall complete an additional
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40 hours of pre-service or orientation training before beginning active duty at the Jail. The Defendants may satisfy this preservice or orientation training through the Correspondence Course for Jailers developed by the United States Department of Justice National Institute of Corrections and instituted by the National Sheriffs1 Association in Alexandria, Virginia.
28. The Chief Correctional Officer shall be sent, at the City of Corinth expense, to the training courses offered to jail managers-by the United States Department of Justice National Institute of Corrections ("NIC").
29. At regular intervals not less than every thirty minutes, the Jail staff shall conduct an inspection of the Jail. The inspection shall include direct, visual, logged inspection of every area in the Jail.
30. The Defendants shall develop and implement written policies and procedures governing checks of the living quarters. The Jail shall maintain records indicating that staff has made the required checks.
31. The Defendants shall develop and implement written policies and procedures for selecting inmates as trusties. These policies and procedures shall include, at a minimum, the following: (a) under no circumstances shall trusties have authority over or supervise other inmates; (b) trusties shall not book-in inmates; (c) trusties shall not be permitted to leave the building without supervision; (d) trusties shall not distribute

medications; and (e) male trusties shall not have unsupervised access to female inmates.
32. The Defendants shall develop and implement written policies and procedures concerning the use of chemical agents. All uses of mace shall be documented. Chemical agents may only be used in situations in which an inmate is in imminent danger of harming others and all other reasonable alternative means of control have been tried. The Defendants shall identify all persons for whom chemical agents pose a danger to health and chemical agents shall not be used on such persons. Persons subjected to chemical agents shall be afforded the opportunity to cleanse themselves of the chemical agent and shall be provided with immediate medical attention, if necessary.
33. Defendants shall develop and implement policies and procedures concerning the use of restraints that comport with professional standards. The Defendants shall ensure that physical restraints are only used as a last resort, that they are used only for periods in which the inmate is engaged in selfdestructive behavior, and that mental health staff is immediately notified when a decision has been made to utilize physical restraints.
34. To prevent a dangerous security breach, the storage closet adjacent to the trusties' quarters must be adequately secured or the contents moved to another location in the building away from the Jail's living quarters.
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C. Inmate Classification 35. Defendants shall develop and implement an elementary classification plan that separates inmates based on such factors as bond and charge (felon/misdemeanor), known behavioral problems, and known history of escape attempts and/or violence. Such procedures shall ensure, at a minimum, that Defendants shall not house any inmate awaiting trial or serving time on misdemeanor charges with any inmate awaiting trial or serving time on felony charges. For the purposes of this paragraph, any inmate awaiting trial or serving time on both felony and misdemeanor charges should be considered in the felony category. 36. To the extent possible given the physical structure of the Jail, Defendants shall not house inmates awaiting trial with inmates already convicted or serving sentences. 37. In order to determine whether the classification system prevents harm and/or violence to the inmates, the Defendants shall develop and implement a documented incident reporting system and policies and procedures governing its implementation.
D. Fire Safety 38. In order to properly equip and swiftly evacuate the Jail in the event of a fire or other emergency, the Defendants shall provide a sufficient number of keys, color coded and notched or otherwise readily identifiable. The Defendants shall also store a backup set of emergency keys at a place accessible at all times to officers on duty on all shifts.
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39. Defendants shall maintain in operating condition all smoke detectors in the Jail.
40. Defendants shall maintain an adequate number of properly working fire extinguishers throughout the facility.
41. Defendants shall maintain signs indicating exits and the location of fire extinguishers and maintain existing emergency lights within the Jail so that exits are illuminated at all times in case of emergency.
42." Defendants shall maintain the emergency generator system in working order to provide essential lights, power and communication during emergencies.
43. Defendants shall develop, maintain and implement a written policy and procedure for fire prevention at the Jail that shall include, but not be limited to, the following:
a) a weekly fire and safety inspection of the Jail by an administrative staff member properly trained by local and/or state fire officials;
b) inspection and testing of equipment at least every three months by local and state fire officials including smoke detectors, and fire extinguishers. State fire officials shall inspect and test the equipment at least twice during the year ;
c) inspection of the Jail every three months by local and state fire officials. State fire officials shall conduct at least two of the inspections;
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d) an adequate fire evacuation plan approved by the Mississippi State Fire Marshall and posted where correctional officers may use it in the event of a fire;
e) an emergency plan for natural disasters, power outages, or chemical releases with appropriate periodic drills to determine if the plan works;
f) a plan to test and adequately maintain the emergency generator system;
g) a plan for storing and using all flammable, toxic, and caustic materials according to all applicable laws and regulations.
44. The Defendants shall train Jail staff in fire prevention and emergency procedures, including the fire evacuation plan and the use of fire extinguishers. Such training shall be properly documented.
45. Fire drills shall be conducted every three (3) months and properly documented.
46. Defendants shall ensure that the Mississippi State Fire Marshal reviews and approves all fire and safety policies and procedures.
47. The Defendants agree that the Jail will comply with Mississippi state fire codes and regulations. The Defendants must correct any fire safety citations as directed by state and/or local fire officials. Copies of any reports by state and/or local fire officials along with a description of the
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corrective action taken, if any, shall be sent to the United States with the status report described in Part VI, f 100 of this Consent Order.
E. Medicai and Mental Health Care 48. Defendants must either hire or develop a contractual relationship with the following medical and mental health personnel: (1) a part-time physician or a registered nurse under the supervision of a licensed physician (e.g., a retired registered nurse) to serve as the central health care authority responsible for all aspects of health care at the Jail, including (a) conducting sick call services on a weekly basis, (b) providing on-call medical coverage, (c) arranging for admission when necessary to a local hospital and (d) providing for hospitalized inmates; (2) a local psychiatrist, psychologist or psychiatric RN to provide mental health sick call services as needed in addition to other routine and emergency services; and (3) a local dentist to provide dental care services to inmates. The Defendants shall ensure that inmates who are referred to subspecialty medical providers by a physician or registered nurse shall receive medical evaluation and medical care from such specialists. 49. Defendants shall develop and implement adequate written policies and procedures governing access to and delivery of medical services and mental health care. 50. The written policies and procedures governing medical and mental health services shall include an adequately detailed
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admission screening form. In consultation with a qualified health professional and in accordance with accepted corrections standards, the Defendants shall revise and update the health screening form to record, at a minimum, the following information upon intake: (1) past medical, surgical, mental health, and dental history; (2) current injuries and illness; (3) current medications; (4) allergy information; (5) personal physician(s), dentist(s), mental health provider(s); (6) questions regarding recent fever, cough, weight loss, night sweats, chest pain, abdominal pain, bleeding episodes, changes in urination or bowel habits including bleeding from either site, and skin rash; (7) mental health screening to include suicide attempt history as well as questions designed to uncover significant depression and or hallucinations; (8) history of substance abuse; (9) history of tuberculosis to include date and result of last TB skin test; and (10) any other communicable disease.
51. Defendants must provide inservice training to all appropriate staff in how to complete.the screening form.
52. Defendants shall use medically trained Jail personnel or a medical professional to conduct medical screening.
53. A nurse or physician must review all medical screening forms with positive responses and must file such screening forms in the inmate's medical record or chart.
54. Defendants shall identify and properly equip an area of the Jail to use as the medical triage, examination, and treatment area. Such area shall have adequate lighting and shall include,
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but shall not be limited to, an examining table, blood pressure cuff, stethoscope, thermometer, Ambu bag, portable jump kit containing emergency supplies to be carried to the site of inmate or staff injury or illness, bandages and first aid supplies, ophthalmoscope and otoscope. In the existing facility, this area may be used for other purposes when not in use for medical triage, examination, or treatment of inmates.
55. Within two weeks of intake, Defendants must also give each inmate a health assessment including initial history, to include any known allergies, and physical examination consisting of blood pressure, pulse, temperature, and respiration and record the examination on a standardized form that is placed in the inmate's medical record along with the inmate's intake screening form.
56. Defendants shall develop a sick call policy and procedure that includes, at a minimum, the following: (1) written sick call request slips; (2) a collection method with no inmate trusty involvement where the request slips go directly to a nurse or physician; (3) logging procedures to record each request for sick call services; (4) review of inmate requests by qualified medical personnel on a daily basis to determine urgency of need to be seen; (5) a sick call clinic held at least once per week conducted by a physician or a registered nurse under the supervision of a physician (e.g.. a retired registered nurse); and (6) a recording of the results of sick call which shall be placed in an inmate's record in a generally accepted professional
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format such as the standard subjective, objective, assessment, and plan format.
57. Defendants shall permit illiterate inmates to orally access the system by requesting access though a correctional officer who must fill out a request slip for the inmate within a reasonable time after the oral request.
58. If the health care professional recommends that any inmate needs further medical treatment or review, the Defendants shall promptly arrange and transport the inmate for such treatment.
59. The Defendants shall ensure that the dentist referred to above in «| 4 8 of this subsection provides dental care services for inmates with serious dental problems. Such services shall not be limited only to extractions.
60. The Defendants shall provide adequate mental health services to the inmates. To this end, Defendants shall ensure that the local mental health professional referred to above in U 48 of this section shall provide 24 hour on-call consultation as well as in-person intervention and evaluation. Furthermore, mentally ill inmates shall be housed in an appropriate environment that facilitates staff supervision and personal safety.
61. Defendants must develop and implement an emergency response policy and procedure that specifies the plan for (1) activating an emergency medical system and (2) responding to identified medical or psychiatric emergencies in the Jail.
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62. Defendants must plan, implement, and document semiannually emergency medical response drills for all shifts to test medical emergency response preparedness. A physician must observe and critique such drills.
63. Defendants must train and certify all personnel in Basic Life Support Cardiopulmonary Resuscitation (BLS-CPR) with re-certification on an annual basis.
64. Defendants must develop and implement a policy and procedure to specify minimum follow-up frequency and minimus evaluation for inmates identified with chronic illness (e.g. asthma, diabetes, hypertension, positive PPD status, AIDS, seizure disorder, etc.).
65. In all case's of inmates confined at the Jail for seven days or more, Defendants shall administer a PPD test for tuberculosis (TB) with the results of the test forwarded immediately to the facility physician. If the test result is positive, the Defendants shall immediately schedule the inmate for a chest x-ray, with appropriate medical care and attention, including isolation, if required.
66. Defendants shall develop and implement policies and procedures regarding HIV and AIDS in conjunction with the local public health department or a physician. In addition:
a) Defendants shall ensure that voluntary HIV testing and counseling is available on a confidential basis to inmates who request testing. Without the written informed consent of the inmate, an
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inmate's HIV test or HIV status shall not be released to other inmates; b) For the purpose of obtaining any necessary medical care and counseling, Defendants shall ensure that a physician shall examine any inmate identified as HIV+ ; c) Defendants shall ensure that all correctional • staff receive adequate training in HIV related issues. The Defendants shall also ensure that all inmates receive structured HIV education. d) Defendants shall ensure that inmates who are HIV+ and symptomatic shall be housed in a medical area appropriate for the acuity of their symptoms such as an infirmary, hospice, or hospital. In some cases, HIV+ inmates with minor symptoms may be appropriately housed in general population based on a case by case evaluation of a physician. Asymptomatic persons with HIV+ shall be housed in general population unless they exhibit behavior that creates a risk of HIV transmission to other inmates or staff (e.g., rape, biting, throwing feces) or unless the HIV+ inmate is at risk of physical harm from other inmates; and e) any inmate who is HIV+ and has active tuberculosis shall be segregated from all other inmates until such time that he or she is no longer infectious.
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67. The Defendants must ensure that essential prenatal care is provided.
68. In order to ensure that medications inmates bring with them to the Jail are currently valid and correspond to the prescription label, Defendants must develop a method for a registered pharmacist or physician to review such medications at the earliest opportunity but no later than the next scheduled sick call following an inmate's incarceration.
69." Defendants must develop a system to store individual medications that includes a master log of all inmates with physician orders for prescriptions or over the counter medications. Medicine and food shall not be stored in the same refrigerator.
70. Defendants must develop a written procedure for their medication delivery system that includes a medication administration record system that allows appropriate staff to document the dispersal and receipt of each dose of medication with the inmate's signature. Defendants shall make all reasonable efforts to have an inmate sign a refusal form when an inmate refuses medications.
71. Officers that dispense medication must be trained in the side effects of frequently prescribed drugs and what actions to take if such side effects are noticed.
72. Defendants shall develop and implement written policies for blood and body fluid spills, medical waste disposal, and outdated drug disposal.
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73. Defendants shall establish and implement written procedures for an adequate detoxification program, including access to medical supervision of an intoxicated inmate. Officers shall be adequately trained in the detoxification program.
74. At no time shall trusties have access to medical records, medication, or control access to medical services.
75. Defendants agree not to house civilly committed mentally ill persons in the Jail.
76." No inmate shall be disciplined for or otherwise discouraged from accessing the health care delivery system.
F. Suicide Prevention 77. The Defendants shall continue to maintain a suicide prevention area with appropriate monitoring equipment. 78. The Defendants shall screen all inmates for suicide risk and other special needs prior to their admission to the Jail. Such screening shall thoroughly assess an inmate's mental health and shall comport with current mental health professional and correctional standards. 79. All Jail officers and other police officers who come into contact with inmates shall be trained by a jail suicide prevention expert or licensed mental health professional. Such training shall include, but not be limited to, training in the proper response to a suicide or suicide attempt, including how to cut down a hanging victim and other first-aid measures, identifying and screening inmates, and training concerning highrisk groups and periods for suicide and suicide attempts.
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80. The Defendants shall purchase and maintain in an area easily accessible to the living quarters appropriate rescue equipment, to include a rescue tool for rapid cutting of fibrous materials utilized in attempted hangings, disposable rubber gloves (to clear obstructions from mouths), a C.P.R. pocket mask, and any other equipment Defendants deem appropriate to ensure that staff are able to effectively intervene in an attempted suicide.
81. The Defendants shall develop and implement written policies and procedures on suicide prevention and the treatment of inmates, which shall include, but not be limited to, the following:
a) placing all suicide suspected inmates in appropriate housing;
b) establishing two levels of supervision of suicide suspected inmates - "Constant Watch" and "Close Watch." Constant Watch is reserved for the inmate who is actively suicidal, either by threatening or engaging in the act of suicide. The inmate shall be observed on a continuous, uninterrupted basis (i.e. one-on-one) by an officer who has a clear unobstructed view of the inmate at all times. The officer shall document the Constant Watch check every 15 minutes in a suicide watch log. Closed circuit television and/or inmate trusties may supplement but never substitute for the physical
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observation of the officer. Close Watch is reserved for the inmate who has expressed thoughts of suicide and/or has. a prior history of suicidal behavior, but is not considered actively suicidal. The inmate shall be observed by an officer at staggered intervals not to exceed 15 minutes. The officer shall document the Close Watch check when the check occurs. . c) communicating information relating to suicide suspected inmates between and among all Jail staff members, between arresting and transporting officers and Jail staff, and between Jail staff and the inmate; d) notification by Jail staff to local or state mental health authorities that a suicide suspected inmate has been admitted to the Jail; e) to the extent possible, notifying the inmate's family that the inmate has been admitted to the Jail; f) assessing all suicide suspected inmates as soon as reasonably possible by a qualified mental health professional to assess the inmate's level of suicide risk; g) establishing a mechanism by which Jail staff will communicate with health care providers regarding
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the status of potentially suicidal inmates or inmates who have recently attempted suicide; h) establishing a mechanism by which Jail staff will refer potentially suicidal inmates and inmates who have recently attempted suicide to mental health care providers or facilities for placement; i) documenting all attempted and completed suicides and notifying Jail administrators, outside authorities and family members of all attempted and completed suicides; j) establishing follow-up and administrative review procedures for all attempted and completed suicides, including determining what changes, if any, are needed in the Suicide Prevention Program. G. Food and Water Service 82. The Defendants shall serve three (3) meals a day to all inmates. Two of the three meals must be hot. A trained dietician shall review the menus of all meals served at the Jail. 83. The Defendants shall provide special diets to inmates with medical conditions that require them. 84. The Defendants shall provide inmates with sanitary and potable drinking water at all times. H. Exercise 85. Defendants shall develop and implement written policies and procedures to ensure that inmates held at the Jail for a
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period of two or more weeks are provided access to adequate space for exercise for a minimum of two (2) hours per day, five (5) days per week. If an inmate is transferred to the Jail from the Alcorn County Jail, the time spent in the Alcorn County Jail shall count toward the two week total.
86. Weather permitting, at least one (1) hour of the above two hours of exercise shall be dedicated to outdoor exercise or recreation.
I. Hygiene and Personal Items 87. The Defendants shall provide inmates with a fire retardant mattress, mattress cover, blankets and/or sheets, a pillow with a fire retardant cover, and a towel. The Defendants shall purchase enough uniforms to provide inmates with clean clothes if such is not otherwise available. All mattress covers, towels, inmate clothes and uniforms shall be cleaned at leact once per week. 88. The Defendants shall provide all inmates confined or expected to be confined in the Jail for twenty-four (24) or more hours with an adequate supply of soap, hair shampoo, toothbrushes, toothpaste, toilet paper, a comb, and shaving equipment. 89. The Defendants shall provide all female inmates with a reasonable supply of sanitary napkins upon request.
J. Disciplinary System 90. The Defendants shall include the rules of the Jail in the inmate handbook with a complete list of possible punishments
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for violations. Written notice of any rules violation, a hearing before a Jail officer not involved in the investigation of the rules violation and an appeal to the Chief Correctional Officer shall be provided to an inmate prior to any punishment being imposed, except that the Defendants may administratively segregate an inmate in emergency or life-threatening situations.
91. No corporal punishment shall be imposed on any inmate at the Jail. There shall also be no group discipline for the actions of inmates.
92. The terms of this Order relating to safety, crowding, health, hygiene, food, and access to courts shall not be revoked or limited for any inmate for disciplinary reasons.
K. Access to Courts 93. The Defendants shall provide inmates access to a reasonable amount of paper, envelopes, writing implements, and postage for legal correspondence with attorneys, legal services or assistance organizations, and courts. The Defendants shall provide, free of charge for indigent inmates and at not more than $.10 per page for others, sufficient photocopying of legal documents to satisfy court procedural requirements and to permit the inmate to retain a single copy of each document. 94. Within forty-eight hours after their initial appearance in court, the Defendants shall provide every inmate reasonable telephone contact free of charge with the inmate's local attorney.
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95. At no cost to the Defendants, inmates shall be per-
mitted to purchase and receive whatever law books and other legal
research materials that they wish. Inmates shall be permitted to
keep these materials in their cells or bullpens consistent with
security and fire safety requirements.
96. The Defendants shall provide inmates with timely and
meaningful access to legal materials consisting of at least the
following materials:
a. a leading law dictionary; b. a simple book on criminal procedure, and a
simple book on civil procedure; c. a simple treatise on evidence or trial tech-
niques or practices; d. a general guide to legal research; e. current civil and criminal procedures rules,
including local rules, and mailing addresses of the United States District Court for the Northern and Southern Districts of Mississippi, the Mississippi Supreme Court, and all local courts which have jurisdiction over inmates at the Jail; f. a current copy of the Mississippi Code Provisions, and an index of the Code to assist inmates in specifying the Code sections they need to review; g. a current copy of the Mississippi Digest and the West's Federal Practice Digest, with supplementary pocket parts and volumes; h. a number of self-help "how to" guides for legal issues in the state of Mississippi; i. the business address and phone number of the City of Corinth and Alcorn County Public Defender's Office; j . five copies of this Order.
97. The above listed legal materials shall be available for
use by inmates between, at a minimum, 8:00 a.m. and 5:00 p.m.
The Defendants may, at their option, establish a room where
inmates can be taken to use the legal materials, or may keep the
materials in a Jail office and allow inmates to request that
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materials be delivered to their cells. Inmate requests for access to legal materials shall be met promptly.
98. The Defendants shall develop and implement policies and procedures governing inmate access to legal materials. Such procedures shall either provide inmates with physical access to a law library cr provide inmates with up to five (5) legal books a week. Such procedures shall ensure that inmates are provided with sufficient time in the library or provided with sufficient time with the books for meaningful legal research. In the event that an inmate is facing a specific court deadline or statute of limitations, the Defendants shall make reasonable efforts tc allow the innate additional access to requested legal materials.
VI. CONSTRUCTION/ IMPLEMENTATION AND TIMING OF COMPLIANCE 99. Except where otherwise specifically indicated, the Defendants shall implement all provisions of this Order within 120 days of the signing of the Order. 100. Defendants shall, every ninety (90) days following the signing of this Order and until this Order is terminated, file with the Court and the United States a status report stating whether and how the Defendants are complying with the terms of this Order. 101. The status reports, at a minimum, shall describe the actions that the Defendants have taken up to and including the current reporting period to implement this Consent Order and shall specifically refer to the provisions of this Consent Order upon which they report.
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102. The Defendants shall maintain sufficient records to document their compliance with all the terms of this Consent Order. Defendants shall also maintain any and all records required by or developed under this Consent Order.
103. The United States shall have access to all documents that relate to implementing this Order. Upon reasonable notice to Defendants1 counsel, the United States shall have access to all staff and facilities as necessary to address issues affected by this Order.
104. The Defendants shall immediately explain the terms of this Order to all persons connected with the Jail, including Jail staff and other police officers. All Jail staff members and other individuals providing services required by this Order shall sign a statement indicating that they have read and understand this Order. Such statement shall be retained by the Defendants. The Defendants shall require compliance with this Order by their respective employees, agencies, assigns, or successors.
105. The Defendants shall provide continuous notice of this Order's terms to all inmates by posting, within ten (10) days of the signing of this Order and continuously thereafter, one (1) copy in a place within easy access to all inmates, such as a common dayroom area. In addition to the general posting of this Order, the inmate handbook described herein shall advise inmates that the Jail is being operated under the terms and conditions of an Order entered by the United States District Court for the
-28-

Northern District of Mississippi, and that upon request, any inmate will be afforded a copy of the complete Order.
106. The parties recognize that at the time of the signing of this Consent Order, the City of Corinth is reviewing the option of constructing a new Jail facility with Alcorn County. Nothing in this Consent Order shall be interpreted to prohibit or otherwise limit the construction of such a facility.
107. For a minimum of one year after entry of this Order, the Court shall retain jurisdiction in this case to ensure that the plans and provisions in this Order are fully implemented. The Court shall dismiss this Consent Order only upon a finding by the Court that the Defendants have fully and faithfully implemented all terms of this Order.
-29-

Agreed to by: COUNSEL FOR UNITED STATES: Date: September , 1994

DEVAL FTT>ATRICl Assistant Attorney General Civil Rights Division

AL MORETON Acting United States Attorney Northern District of
Mississippi

ARTHUR E. PEABODY, <&BC. Chief Special Litigation Section

WILLIAM G. MADDOX ^ Senior Trial Attorney Civil Rights Division Special Litigation Section Post Office Box 66400 Washington, D.C. 20035-6400

COUNSEL FOR DEFENDANTS THE CITY OF CORINTH, THE MAYOR OF THE CITY OF CORINTH, THE BOARD OF ALDERMEN OF THE CITY OF CORINTH, AND CHIEF OF POLICE LARRY BRINKLEY:
r

Date: September 0-, 1994

WILLIAM W. ODOM, JR

U

City Attorney

404 Waldron St.

Corinth, MS 3 8834

It is hereby Ordered, this the

day

, 1994

UNITED STATES DISTRICT JUDGE -30-

 
 U.S. v. Corinth City
iHiiiini
JC-MS-008-004
IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF MISSISSIPPI
EASTERN DIVISION

UNITED STATES OF AMERICA,

)

)

Plaintiff,

* )

)

v-

)

)

CITY OF CORINTH, MISSISSIPPI;

)

E.S. BISHOP, Mayor of the City of ) Corinth, in his official capacity; )

LARRY BRINKLEY, Chief of Police

)

and Chief Correctional

)

Officer of the City of Corinth in )

his official capacity; CLIFF

)

BOATMAN, E.G. HOLLOWAY,

)

DONALD JOE SANDERS, LEX MITCHELL, )

BARRY RICHARDS, members of the

)

City of Corinth Board of Aldermen )

in their official capacities,

)

)

Defendants.

)

Civil Rights No.

COMPLAINT THE UNITED STATES OF AMERICA, Plaintiff, alleges that:
1. This complaint is filed by the Attorney General on behalf of the United States of America pursuant to the Civil Rights of Institutionalized Persons Act of 1980, 42 U.S.C. §1997 et seq., to enjoin the named Defendants from depriving persons incarcerated at the City of Corinth Jail in Corinth Mississippi, of rights, privileges or immunities secured or protected by the United States Constitution.

JURISDICTION, STANDING. AND VENUE 2. This Court has jurisdiction over this action under 28 U.S.C. §1345. 3. The United States has standing to initiate this action pursuant to 42 U.S.C. §1997a. 4. Venue in the Northern District of Mississippi is proper pursuant to 28 U.S.C. §1391. The claims set forth in this Complaint all arose in said District. 5. The Attorney General has certified that all pre-filing requirements specified in 42 U.S.C. §1997b have been met. The Certificate of the Attorney General is appended to this Complaint and is incorporated herein.
DEFENDANTS 6. Defendant City of Corinth, Mississippi, owns and operates the facility at issue in this action. The City of Corinth is responsible for the conditions of confinement and treatment of persons detained or incarcerated in the City of Corinth Jail. 7. Defendant Larry Brinkley, sued in his official capacity, is the City of Corinth Chief of Police and Chief Correctional Officer of the City of Corinth Jail, and is charged by state law with responsibility for the general supervision and control of the City of Corinth Jail. He is responsible for inter alia, the conditions of confinement in the facility, the policies and
- 2-

procedures of the facility, and for the protection and safety of the persons detained or incarcerated therein.
8. Defendants Lamar Fields, Danny Crotts, Bobby Mitchell, and Travis Drewry are sued in their official capacities as members of the City of Corinth Board of Aldermen. Under Mississippi law, the City of Corinth Board of Aldermen has the financial responsibility to keep the existing City of Corinth Jail in good repair or to construct any new jail.
9. Defendants are legally responsible, in whole or in part, for the operation of the City of Corinth Jail, for the conditions therein and the health and safety of persons detained or incarcerated therein.
10. At all relevant times, the Defendants or their predecessors in office have acted or failed to act, as alleged herein, under color of state law.
FACTUAL ALLEGATIONS 11. The City of Corinth Jail is an "institution" within the meaning of 42 U.S.C. §1997(1). 12. Defendants have failed to provide persons confined at the Corinth City Jail adequate medical care by, inter alia, failing to provide adequate medical screening of inmates at intake, failing to provide inmates with routine, follow-up, and emergency care, failing to implement an adequate medication distribution system, and failing to provide adequate access to dental care services.
- 3-

13. Defendants have failed to provide adequate mental health care services by, inter alia, failing to provide mental health screening upon entry to the jail, failing to provide adequate access to mental health care professionals, and failing to implement suicide prevention measures.
14. The Defendants have subjected inmates at the City of Corinth Jail to unsanitary and unsafe conditions.
15. The Defendants have failed to protect inmates at the City of Corinth Jail from undue risk of harm from fires.
16. The Defendants have failed to protect inmates at the City of Corinth Jail from physical harm by, inter alia, failing to provide adequate security and supervision, adequate staffing, and appropriate policies and procedures to safely operate the Jail. Such deficiencies endanger the lives of persons incarcerated or detained in the Jail.
17. The Defendants have failed to provide inmates at the City of Corinth Jail adequate access to the courts.
VIOLATIONS ALLEGED 18. The acts, practices and omissions of Defendants alleged in each of paragraphs 12 through 17 violate the rights of persons confined at the City of Corinth Jail which are secured or protected by the Constitution of the United States.
PRAYER FOR RELIEF 19. The Attorney General is authorized under 42 U.S.C. §1997, et. seq. to seek equitable relief.
- 4 -

20. Unless restrained by this Court, persons confined at the City of Corinth Jail will be deprived of rights secured or protected by the Constitution of the United States.
WHEREFORE, the United States prays that this Court enter an order permanently enjoining Defendants, their officers, agents employees, subordinates, successors in office, and all those acting in concert or participation with them from continuing the acts, omissions, and practices se't forth herein and to require Defendants to take such actions as will provide constitutional conditions of confinement to persons confined at the City of
- 5-

Corinth Jail. The United States further prays that this Court grant such other and further equitable relief as it may deem just and proper.
Respectfully submitted,

JANET^RENO Attorney General of the Inited States

DEVAL L. PATRICl Assistant Attorney General Civil Rights Division

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

ARTHUR E. PEABODY,, Chief Special Litigation Section

WILLIAM G. MADDOX

/

Senior Trial Attorney

U.S. Department of Justice

Civil Rights Division

Special Litigation Section

Post Office Box 66400

Washington^ D.C. 20035

 
 Office of the Assistant Attorru-. General

U.S. Department of Justice Civil Rishts Division
Hiishingion. DC 20035

REGISTERED MAIL RETURN RECEIPT REQUESTED
The Honorable Edward S. Bishop, Sr. Mayor 300 Childs Street Corinth, MS 38834
Re: Investigation of the Corinth City Jail in Corinth, Mississippi
Dear Mayor Bishop:
I am writing to inform you of our intention to investigate conditions at the Corinth City Jail ("CCJ") in Corinth, Mississippi. The investigation is pursuant to the Civil Rights of Institutionalized Persons Act, 42. U.S.C. §1997-1997j (1982).
The purpose of the investigation will be to determine whether CCJ violates the constitutional rights of its inmates. The investigation will focus on, among other things, allegations concerning (1) conditions of confinement, (2) staffing and supervision by guards, (3) suicide precautions, and (4) medical care. Initiating this investigation in no way evidences any prejudgment that CCJ violates its inmates' constitutional rights. If any violations are found, however, we will confer with you and your staff concerning appropriate corrective actions.
As a means of commencing this investigation, we wish to arrange for our attorneys, consultants, and perhaps agents of the
U.S. v. Corinth City
^ « •• •• •• • n
JC-MS-008-001

- 2-
Federal Bureau of Investigation to visit and tour CCJ. We shall be in touch with your staff to work out the specifics of our initial investigation.
Your cooperation in this matter is greatly appreciated.
Sincerely,
1,
P. Turner Acting Assistant Attorney General
Civil Rights Division
cc: Mr. Jimmy Webb Chief of Police City of Corinth
Rebecca Phipps, Esquire Corinth City Attorney
Alfred E. Moreton III, Esquire United States Attorney Northern District State of Mississippi

 
 U.S. Department of Justice

l^MttT*

fi

Civil Rights Division

Ojjicc v] u:< .-i.>....m.-/u- .-;.-;.;-:.;. C . •:--_/

UoMny:,;,. DC. -
U.S. v. Corinth City

REGISTERED MAIL RETURN RECEIPT REQUESTED

-- * ^ -•

••••

• • • •••• ••••• • •

• IIBBII • • • • • • | | t

JC-MS-008-002

SEP ~ I9S3

The Honorable Edward S. Bishop, Sr. Mayor Corinth City 300 Childs Street Corinth, Mississippi 38834

Re: Notice of Findings of Investigation, Corinth City Jail, Corinth, Mississippi

Dear Mayor Bishop:

On May 3, 1993, we notified you of our intent to investigate the Corinth City Jail (CCJ) pursuant to the Civil Rights of Institutionalized Persons Act, 42 U.S.C. § 1997 et seq. Consistent with statutory requirements, we are now writing to advise you of the findings of our investigation. Throughout the course of this investigation, City officials, including the Chief of Police, City Attorney and jail personnel, provided us with substantial assistance and full cooperation. Our consultants expressed appreciation for this assistance, and we wish to join them in thanking you for your cooperation.

In making our findings, we are aware that many of t h e — individuals confined at the Corinth City Jail are pretrial detainees or persons not convicted of any crime. In general,

inmates may not be subjected to conditions that are incompatible with evolving standards of decency "or deprived of their basic

•human needs while incarcerated. See Estelle v. Gamble, 429 U.S. 97 (1976). The Fourteenth Amendment prohibits punishment of these persons or subjecting them to restrictions or conditions

not reasonably related to a legitimate governmental objective. Bell v. Wolfish, 441 U.S. 520 (1979). For those convicted of a

crime, the applicable standard is the Eighth Amendment's proscription against cruel and unusual punishment. Wilson v.

Seiter,

U.S. , 111 S.Ct. 2321 (1991); Rhodes v. Chapman,

452 U.S. 337 (1979). When convicted prisoners are not, as here,

separated from pretrial detainees, the Fourteenth Amendment

standard applies to all inmates.

Based on our investigation, we believe that certain conditions at the jail violate the constitutional rights of the inmates confined to CCJ. The conditions are set forth below:

- 2-

' '

1. Inadequate Medical, Dental, and Mental Health Care.

Access to medical care, including_mental health services, is woefully inadequate and threatens the health and safety of inmates confined to the Corinth City Jail. First, there are no policies, proper procedures or staff training for intake screening. Without proper medical intake screening, illnesses or mental health problems may go undetected, threatening the health of inmates. Lack of staff training subjects inmates to potentially dangerous decisions by untrained jail staff. For example, staff indicated to us that inmates displaying acute effects of alcohol withdrawal are actually given "whiskey" to help ameliorate the symptoms. Second, there is no health service unit within the Corinth City Jail or designated space where inmates can be examined and treated. Third, medical supplies and emergency equipment are inadequate. The only medical supplies and equipment at the facility are two First Aid Boxes located in the Dispatcher's Office and the cell block area which contain supplies that are adequate to deal with only minor injuries and/or illnesses. Fourth, there are no current policies or procedures for providing routine health care to inmates with identified chronic illnesses or for referring inmates to subspecialty consultants for evaluation. Inmates diagnosed with tuberculosis, AIDS or seizure disorders receive irregular and inappropriate care.

No formal sick call policy or procedure exists at CCJ. The Shift Commander, who makes the ultimate decision as to who will be transported for treatment, has no medical training to evaluate the sick call requests of the inmates. Nevertheless transport for treatment only occurs after a "wait: and see period" during which time he "evaluates" the inmate. .Furthermore, the Dispatcher dispenses medications without documenting or recording that the inmates receive their medications. An officer or an inmate trustee delivers the medication. No policies or procedures exist for properly monitoring and accounting for medications and staff is not trained to recognize the potentially •serious side effects of the medications dispensed.
There are no medical personnel within the CCJ. Specifically, there is no physician, nurse (LPN or RN), or medical technician working at the facility nor does CCJ have contractual arrangements with appropriate medical personnel to screen, evaluate, monitor or treat inmates. There is also no dental screening or formal contract with any dentist to provide dental services.
2 • Inadequate Mental Health Services
The Jail makes no special prevision for housing or treating mentally ill inmates, and there are no written policies or procedures relating to their care. Access to mental health

- 3-
services and/or treatment within CCJ is nonexistent. Furthermore, there is no formal screening process for evaluating signs and symptoms of .significant depression and/or suicidal tendencies upon entry to the jail.
3. Inadequate Suicide Prevention
CCJ has no suicide prevention program and does not provide the staff with any suicide prevention training. Absent appropriate training to recognize suicide symptoms or prevent suicides, the staff simply cannot detect whether inmates are depressed or have suicidal tendencies, or prevent a suicide attempt or serious life threatening incident.
4. Inadequate Staff, Staff Training and Security
Staff is inadequate to ensure the safety of inmates at CCJ. CCJ does not have a full time jailer or staff dedicated to the facility. CCJ relies on policemen on the beat to return to the jail periodically to monitor the inmates. Hence, inmates are not observed on a regular basis. There is also a complete lack of female officers to monitor the female inmates. The only female officer serves as a dispatcher and cannot leave the dispatch office. Lack, of sufficient staff to make rounds and observe inmates is extremely dangerous when the facility houses mentally ill and suicidal inmates.
Because the Jail lacks sufficient staff, it relies on inmate trustees to oversee inmates and run the facility. These innate trustees are permitted to provide security backup when staff disciplines other inmates. Such use of inmate trustees is contrary to all state and nationally recognized jail standards. Furthermore, at present, no training is pr&vided to jail staff in operating a jail or providing appropriate supervision of inmates. In order to administer even the basic components of a jail, staff need such training.
With regard to security and inmate safety, CCJ has only one set of keys with no backup set. Not having a proper backup set of keys with a master key or individual keys with proper coding puts the inmates in significant risk of danger due to fire or smoke because evacuation from cells may be seriously compromised. Furthermore, the storage closet adjacent to the inmate trustees' quarters is left open and unlocked and contains unsecured police files, aluminum baseball bats and old fans that can be disassembled and made into weapons. Finally, the Jail uses mace to control inmates but CCJ has no written policy or procedure that governs the use of mace.

- 4-

" -

5. Inadequate Classification System

Other than separating male from female inmates, CCJ has no classification system to separate inmates based on history of violence, type of offense, pre-trial detainees from convicted inmates and other criteria traditionally used to minimize violence and enhance security. For example, in one of the cells, one inmate was held for Driving Under the Influence while two others housed there were charged with First Degree Murder.

6. Unhealthy and Harmful Conditions of Confinement

CCJ serves only two meals a day - one at 7:00 a.m. and the other at 5:00 p.m. In our experts' opinion, two meals per day does not provide inmates adequate nutrition. Furthermore, providing only two meals a day is extremely dangerous to those inmates whose medications must be taken with food, as was the case with one inmate housed at the jail during our tour.

CCJ does not provide inmates an adequate supply of potable water. In most cells, there is no drinking water and the inmates must drink from the sink or the shower. Sufficient water is necessary to maintain health. Further, inmates at the Jail are not provided clean clothing or personal hygiene items, nor are they provided sheets, pillows, or pillow cases.

CCJ does not afford inmates any opportunities for exercise.

Corinth often houses inmates for three to four months (especially

inmates received from Alcorn County Jail). Exercise is necessary

to maintain health, reduce tension and reduce the risk of

violence.

l

Minimally Required Remedies

„

The minimum remedial measures that CCJ must implement to ensure that constitutional standards are achieved are set forth below:

1. CCJ must provide adequate medical and mental health care to all inmates. In order to provide adequate medical care, at a minimum, CCJ must take the following measures:

a. CCJ must provide adequate screening upon intake to identify medical conditions of inmates and implement procedures for monitoring these conditions.

b. CCJ must cease using inmate trustees for any health care related responsibilities.

c. CCJ must develop and implement a proper sick call policy and procedure and provide qualified professionals to evaluate requests for sick call.

- 5-

-

d. CCJ must develop and implement emergency response procedures, including emergency medical response drills.

e. CCJ must hire or contract for qualified medical personnel to evaluate inmates upon intake, oversee sick call and to monitor and treat inmates' medical conditions and illnesses.

2. CCJ must provide an adequate suicide prevention program. In order to provide an adequate suicide prevention program, at a minimum, CCJ must implement the following remedies:

a. Develop and implement procedures regarding identification of inmates at risk of suicide and prevention of suicides and train staff in such procedures.
b. Provide appropriate housing for inmates at risk of suicide and procedures for observing those inmates and documenting those observations.

3. CCJ must provide adequate staff, staff training and security to protect inmates from harm. In order to provide adequate staffing and security, at a minimum, CCJ must implement the following remedies:

a. Hire sufficient full-time jailers to provide
continual coverage within the jail around-the-clock. Either the jailer or the dispatcher on each shift should be a woman in order to provide supervision of women inmates.

b. Remove trustees from positions of authority over

other inmates.

. >

c. . Properly train CCJ staff in all jail policies and procedures, including those policies and procedures required under this letter. Specifically, train jail staff in recognizing and evaluating mental health problems.

d. Maintain a back-up sell of keys in a place that is easily accessible in the event of an emergency.

4. CCJ must implement an adequate classification system to protect inmates from harm, including inmate-on-inmate violence. In order to provide an adequate classification system, at a minimum, CCJ must implement the following remedy:

a. Implement a basic classification plan that would separate inmates based on such factors as bond and charge (felon/misdemeanor), known behavioral problems, known history of escape attempts and/or violence.

b. Develop and implement an incident reporting system and policies and procedures governing its implementation.

- 6-

.

5. CCJ must provide safe and appropriate conditions of confinement for the inmates. Such appropriate conditions of confinement must include adequate amounts of food, potable water, clothing, bedding, articles of personal hygiene, and exercise.

Pursuant to CRIPA, the Attorney General may initiate a lawsuit to correct deficiencies at an institution 49 days after appropriate local officials are notified of the™.. 42 U. S . C . § 1997b(a)(l). That period expires on October 28, 1993. Therefore, we anticipate hearing from you before that date with any response you may have to our findings and a description of the specific steps you will take to implement each of the minimum remedies set forth above. If you do not respond within the stated time period, we will consider initiating an action against your jurisdiction to remedy the unconstitutional conditions.

Thank you for your cooperation and assistance. We look forward to working with you and other City officials to resolve this matter in a reasonable and expeditious manner. If you or any member of your staff have any questions, please feel free to contact William G. Maddox, Senior Trial Attorney, Special Litigation Section, at (202) 514-6251.

Sincerely,

/ James P. Turner Acting Assistant Attorney General
Civil Rights Division
Enclosure
cc: Mr. Jimmy Webb Chief of Police City of Corinth
Rebecca Phipps, Esquire Corinth City Attorney
Alfred E. Moreton III, Esquire United States Attorney Northern District State of Mississippi

 
 .
AEP:DD:TRP:WGM:IG:CA:cmw DJ 168-40-58 DJ 168-40-53 DJ 168-40-56

m ill U.S. v. Corinth City

November 8, 1994
EXPRESS MAIL
Alfred E. Moreton, III, Esq. United States AttorneyNorthern District of Mississippi 911 Jackson Ave., Rm. 265 Oxford, MS 38655
Re: United States v. County of Grenada, Mississippi, et al.; United States v. City of Tupelo, Mississippi, et al.; United States v. City of Corinth, et al.
Dear Mr. Moreton:
In accordance with our conversation, I am enclosing an original and four copies of the Complaints, Certificates, and Consent Orders in the above-referenced matters involving our investigations into conditions at the Grenada County Jail, Tupelo City Jail, and Corinth City Jail.
Your signature is needed on each of the Consent Decrees and Complaints prior to filing with the Court on November 15, 1994.
As discussed, the parties to each of these Consent Decrees seek to have them entered as an order of the Court. Accordingly, the last page of each Decree provides space for the signature and entry of the Order by the District Court Judge. Please have a copy of the filed Complaints and Consent Orders date stamped and returned to us in the enclosed envelope. Kindly serve the Complaint and Consent Order on opposing counsel in the preaddressed envelopes enclosed.
As soon as the papers are filed, please contact me at (202) 514-6264 so that we can make final arrangements as to the press release. A copy of that press release will be telefaxed to your office.
cc: Records Chrono Peabody Deutsch Payne Maddox Goldschmidt Alford Hold

- 2-
Thank you again for your assistance. If you have any questions please contact me.
Sincerely,

Enclosures

Iris Goldschmidt Trial Attorney
Special Litigation Section

 
 Attnrn^ (intend
t,B-& 205311
U.S. v. Corinth City

• •

•• •• •• • •

JC-MS-008-006

CERTIFICATE OF THE ATTORNEY GENERAL

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

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

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

Signed this 31st day of October Washington, D.C.

1994, at

JAlTET RENO Attorney General / of the United States

 
 CM/ECF v2.4 - U.S. District Court for the Northern District of Mississippi - Docket Report Page 1 of 3

U.S. District Court Northern District of Mississippi (Eastern Division) CIVIL DOCKET FOR CASE #: 1:94-cv-00311-LTS

CLOSED

USA v. City of Corinth, et al Assigned to: Senior Judge L. T. Senter, Jr Demand: $0 Cause: 42:1983 Civil Rights Act
Plaintiff
United States of America

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

V. Defendant City of Corinth, Mississippi
Defendant E. S. Bishop Mayor of the City of Corinth, in his official capacity
Defendant Larry Brinkley Chief of Police and Chief Correctional Officer of the City of Corinth in his official capacity Defendant Cliff Boatman Member of the City of Corinth Board of

represented by William W. Odom, Jr. WILLIAM W. ODOM, JR., ATTORNEY P. O. Box 1393 404 Waldron Street Corinth, MS 38834-1393 (601) 286-9311 LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by William W. Odom, Jr. (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by William W. Odom, Jr. (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by William W. Odom, Jr. (See above for address)

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CM/ECF v2.4 - U.S. District Court for the Northern District of Mississippi - Docket Report Page 2 of 3

Aldermen in his official capacity
Defendant E. G. Holloway Member of the City of Corinth Board of Aldermen in his official capacity
Defendant Donald Joe Sanders Member of the City of Corinth Board of Aldermen in his official capacity
Defendant Lex Mitchell Member of the City of Corinth Board of Aldermen in his official capacity
Defendant Barry Richards Member of the City of Corinth Board of Aldermen in his official capacity

LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by William W. Odom, Jr. (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by William W. Odom, Jr. (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by William W. Odom, Jr. (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by William W. Odom, Jr. (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Date Filed 11/14/1994
11/16/1994
11/22/1994
11/22/1994 02/14/1995 05/23/1995 08/23/1995 02/23/1996 05/22/1996 08/22/1996

#

Docket Text

1 COMPLAINT for violations of inmate rights under Civil Rights of Institutionalized persons statues (dlh) (Entered: 11/16/1994)

NOTICE OF ASSIGNMENT Chief Judge L. T. Senter Jr. and Magistrate Judge Jerry A. Davis (dlh)

2 CONSENT JUDGMENT ( signed by Chief Judge L. T. Senter Jr. on 11/22/94) (dlh)

Case closed (dlh)

3 Initial Quarterly Compliance Report by defendants (jsw)

4 Second Quarterly Compliance Report by defendants (jsw)

5 Third Quarterly Compliance Report (dlh)

6 Fifth Quarterly Compliance Report of defendants (dlh)

7 Sixth Quarterly Compliance Report of defendants (jsw)

8 Seventh Quarterly Compliance Report (dlh)

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CM/ECF v2.4 - U.S. District Court for the Northern District of Mississippi - Docket Report Page 3 of 3

11/21/1996 03/07/1997 05/21/1997 08/11/1997
08/11/1997
02/08/2000

9 Eight Quartlerly Compliance Report (dlh) Modified on 11/21/1996
10 Ninth Quarterly Compliance Report filed by defendants (dlh)
11 Tenth Quarterly Compliance Report by defendants (dlh)
12 JOINT MOTION by USA, City of Corinth, E. S. Bishop, Larry Brinkley, Cliff Boatman, E. G. Holloway, Donald Joe Sanders, Lex Mitchell, Barry Richards to Dismiss (jlj)
13 ORDER granting [12-1] motion to Dismiss ( signed by Chief Judge L. T. Senter Jr. on 8/11/97) Date of Entry: 8/11/97 (jlj)
File Sent to FRC - temp (jlj)

PACER Service Center
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05/24/2005 09:48:36

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Description: Docket Report Search Criteria: 1:94-cv-00311-LTS

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