U.S. v. Alcorn Co.

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JC-MS-007-003

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF MISSISSIPPI
/ EASTERN DIVISION

UNITED STATES OF AMERICA,

)

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Plaintiff,

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)

v.

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ALCORN COUNTY, MISSISSIPPI;

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JAMES R. TAYLOR, Sheriff of

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Alcorn County, in his official

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capacity; ELY MITCHELL, President )

of the Alcorn County Board of

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Supervisors, in his official

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capacity; LAMAR FIELDS, DANNY

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CROTTS, BOBBY MITCHELL, TRAVIS

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DREWRY, members of the ALCORN

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County Board of Supervisors,

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in their official capacities,

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Defendants.

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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 sea.. to enjoin the named Defendants from depriving persons incarcerated at the Alcorn County 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 23 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 Alcorn County, Mississippi, owns and operates the facility at issue in this action. Alcorn County is responsible for the conditions of confinement and treatment of persons detained or incarcerated in the Alcorn County Jail. 7. Defendant James R. Taylor, sued in his official capacity, is the Sheriff of Alcorn County, and is charged by state law with responsibility for the general supervision and control of the Alcorn County Jail. He is responsible for inter alia, the conditions of confinement in the facility, the policies and procedures of the facility, and for the protection and safety of the persons detained or incarcerated therein. 8. Defendant Ely Mitchell is sued in his official capacity as the President of the Alcorn County Board of Supervisors.
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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.
14. 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.
15. The Defendants have subjected inmates at the Alcorr. County Jail to unsanitary and unsafe conditions.
16. The Defendants have failed to protect inmates at the Alcorn County Jail from undue risk of harm from fires.
17. The Defendants have failed to protect inmates at the Alcorn County 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.
18. The Defendants have subjected inmates at the Alcorn County Jail to overcrowding that has exacerbated the environmental health and safety deficiencies in the facility and has increased the risk of inmate violence.
19. The Defendants have failed to provide inmates at the Alcorn County Jail adequate access to the courts.
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VIOLATIONS ALLEGED 20. The acts, practices and omissions of Defendants alleged in each of paragraphs 13 through 19 violate rights of persons confined at the Alcorn County Jail which are secured or protected by the Constitution of the United States.
• PRAYER FOR RELIEF 21. The Attorney General is authorized under 42 U.S.C. §1997 to seek only equitable relief. 22. Unless restrained by this Court, persons confined at the Alcorn County 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 set forth herein and to require Defendants to take such actions as will provide constitutional conditions of confinement to persons confined at the Alcorn
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County Jail. The United States further prays that this Court grant such other and further equitable relief as it may deem just and proper.
Respectfully submitted,
JANET RENO Attorney General of the United States
PATRICK Assistant Attorney General Civil Rights Division
ALFRED E. MORETON, III United States Attorney Northern District State of Mississippi
ARTHUR E. PEABODTT JR. Chief Special Litigation Section
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IRIS GOLDSCHMIDT Trial Attorney U.S. Department of Justice Civil Rights Division Special Litigation Sect'ion Post Office Box 66400 Washington, D.C. 20035 (202) 514-62S4
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©fftre of the Attnntpu (general
©ashingtnn,!. (C. 20530

CERTIFICATE OF THE ATTORNEY GENERAL

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

In addition, I certify that I have the "reasonable cause to believe" set forth in 42 U.S.C. §1997a to initiate this action. Finally, I certify that all prerequisites to the initiation of this suit under 42 U.S.C. §19*97, e_t 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 Washington, D.C.

i_ day

1994, at

JANET RENO Attorney General of the United States

 
 U.S. v. Alcorn Co. JC-MS-007-004

FIL
SEP 20 1994
NORMAN L GSLLESPIE, CLERK

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

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

CONSENT DECREE

TABLE OF CONTENTS

I. INTRODUCTION

1

II. DEFINITIONS . . . . ,

1

III. BACKGROUND

2

IV. SUBSTANTIVE PROVISIONS

3

A. New Jail Construction

3

B. Policies and Procedures

3

C. Fire Safety

4

D. Bedsoace. Overcrowding, and Inmate Classification 7

E. Staffing and Operational Procedures

8

F. Ventilation and Temperature Control

11

G. Plumbing and Lighting

12

H. Maintenance and Sanitation

12

I. Food and Water Service

13

J. Medical Care and Mental Health Care Services

14

K. Suicide Prevention Measures and Special Needs

Inmates

21

L. Exercise and Recreation

26

M. Visitation and Outside Contact

26

N. Hygiene and Personal Items

2 7

0 . Access to Courts

2 8

P. Disciplinary System

30

V. CONSTRUCTION, IMPLEMENTATION, AND TIMING OF COMPLIANCE•30

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, Eastern
Division is appropriate pursuant to 28 U.S.C. § 139l(b). 3. The United States has net all pre-filing requirements
stated in the Civil Rights of Institutionalized Persons Act, 42 U.S.C. § 1997 et sea. II. DEFINITIONS
4. "Plaintiff" shall refer to the United States of America. 5. "Defendants" shall refer to Alcorn County, Mississippi, the Sheriff of Alcorn County, the members of the Alcorn County Board of Supervisors, and 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 jail or any facility that is built to replace the Alcorn County ^Jail (hereinafter "ACJ"). 7. When referring to the existing Alcorn County Jail, the term "cell" shall refer to the inmate living areas. The tern "special needs inmates" shall refer to those inmates who are suicidal, nentally ill, mentally retarded, intoxicated, or otherwise a danger to themselves or others. The term "special needs cells" shall refer to those cells in the Alcorn County Jail that are suicide resistant.

8. "Qualified professional" shall refer to an individual qualified to render the requisite and appropriate care, treatment, judgment(s), training and service, based on credentials recognized in the specific field. When referring to a "qualified health professional" the qualifications shall be a registered nurse or a licensed physician. III. BACKGROUND
9. The Defendant Alcorn County owns and operates the ACJ, located in Corinth, Mississippi.
10. The Defendant Sheriff is responsible for the day-to-day operation of the ACJ. In his official capacity, the Sheriff has the custody, rule, and charge of the ACJ and the inmates housed therein.
11. On June 15-16, 1993, pursuant to the Civil Rights of Institutionalized Persons Act. 42 U.S.C. § 1997 et sea., the United States toured the ACJ with consultants in the fields of penology, correctional health care, environmental health and safety, and suicide prevention. On October- 8, 1993, the United States issued a report/findings letter regarding conditions of confinement at the ACJ based on its investigation and expert tour of the facility.
12. The parties to this Consent Decree recognize the constitutional rights of inmates confined in ACJ. In order to avoid litigation regarding the constitutionality of conditions of confinement at the ACJ, the parties agree to the provisions set forth in this Consent Decree.

IV. SUBSTANTIVE PROVISIONS A. New Jail Construction 13. If Alcorn County makes arrangements for the
construction of a, new joint city/county jail facility to replace the existing jail, tt?en the parties agree that the new jail will be constructed in accordance and compliance with applicable American Correctional Association's (hereinafter "ACA") jail standards in effect at the time of construction. The Defendants agree that the new jail will be constructed in accordance with the Americans with Disabilities Act of 1990, 42 U.S.C. §§ 1210112213 and 47 U.S.C. 225 and 611, and the regulations thereunder.
14. The specific levels of inmate services and privileges discussed below have been agreed upon in light of the physical limitations of the existing jail facility. Alcorn County agrees to consult with the United States during the design of the new jail facility as to the appropriate levels of services and privileges at the new jail, and as to the levels of staffing necessary to implement services and privileges.
B. Policies and Procedures 15. The Defendant-Sheriff shall draft a staff manual delineating the general policies and procedures of the ACJ. The Defendants shall ensure that the ACJ 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.

16. The manual, set forth in the above provision, shall be

distributed to every staff member having contact with inmates at

the ACJ. All staff must sign a statement indicating that they

have read and understand all of the provisions in the manual.

The manual shall be reviewed annually and updated by the

Defendants.

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17. The Defendant-Sheriff shall draft an inmate handbook

delineating the general policies and procedures of the ACJ. The

handbook shall include, but not be limited to: all policies and

procedures described in this Order which relate to inmates; the

rules of the ACJ; schedules for visitation, exercise and

recreation at the ACJ; a statement that a copy of this Consent

Decree is available to inmates; a description of the process for

obtaining bond and an attorney; a description of the disciplinary

procedure; a list of the legal materials available to the inmates

and a description of the process by which inmates may obtain use

of such materials; and a description of the emergency procedures

at the ACJ.

18. The inmate handbook shall be distributed to every inmate within twenty-four hours of arrival.
C. Fire Safety 19. The Defendants shall make the following renovations to ensure the fire safety of the ACJ:
(a) repair and ensure proper maintenance of the annunciator panel;

(b) properly maintain emergency exit lights;

(c) label cell door keys so that they are readily identifiable in case of an emergency and ensure that all correctional officers are avare of the location of all sets of keys; (d) install emergency lights so that means of egress are illuminated in case of emergency; (e) provide fire hoses or extinguishers throughout the facility and ensure that all fire suppression equipment is regularly inspected and maintained; (f) continue to remove all polyurethane foam mattresses, pillows, and other foam materials fro:?, the ACJ ; (g) remove all trash bags from housing units; (h) provide each inmate with a flame retardant mattress approved for institutional use; (i) provide adequate storage of inmate property; (j) continue to provide adequate storage for combustible materials; (k) provide equipment necessary to maintain essential lights, power, and communication in emergencies;

(1) ensure that any fans brought in by innates are in good working order and do not create fire hazards. This provision does not relieve Defendants from providing adequate terr.oerature control at the ACJ: (m) continue to ensure that exit ways are clear; and (n) provide a secure evacuation area for inmates. 20. Defendants shall develop and implement a written policy and procedure for fire prevention at the ACJ which shall include, but not be limited to, the following: (a) inspection and testing of equipment at least quarterly by local and/or state fire officials; (b) inspection of the ACJ every six (6) months by local and state fire officials; (c) an evacuation plan which shall be certified by an independent outside inspector trained in the application of fire safety codes (e.g., local fire chief); and (d) a plan for the storage and use of all flammable, toxic, and caustic materials in accordance with all applicable laws and regulations.

21. The Defendants shall ensure that the ACJ is in compliance with Mississippi state fire code and regulations.
22. ACJ staff shall be trained in fire prevention and emergency procedures.
23. Fire drills shall be conducted every three (3) months. Fire drills shall include all inmates, except when removal of extremely dangerous inmates would compromise the safety of the facility. In such event, actual evacuation of such inmates is not required, although staff relevant to supervising such inmates shall be required to execute their roles in the drills.
24. Defendants agree to survey electrical conditions at ACJ and to correct all substandard and hazardous conditions.
25. The ACJ must maintain approval from the State Fire Marshal and any fire safety citations must be corrected as directed by the Fire Marshal. Copies of the Fire Marshal's reports along with a description of the corrective action taken, shall be sent to the attorney for the United States with the compliance report described in 5 109 °f this Decree.
D. Bedsoace. Overcrowding, and Inmate classification 26. The Defendants shall not house any inmate in the special needs cell in excess of forty-eight (48) hours, except for good cause shown. In addition, the Defendants shall not house more than one inmate in the special needs cell. The bed in the special needs cell shall not be counted toward the total bedspace and population capacity of the ACJ. 27. The current population capacity of the ACJ is

twenty-nine (29). In the event of the Defendants' housing more inmates in the ACJ than the population capacity set out above, the Defendants shall make all efforts to reduce the population to the capacity set out above. If the ACJ's population exceeds the population capacity (12) days or more in any thirty (30) day period, the Defendants shall retain the services of an expert to evaluate alternatives to incarceration for the Alcorn County criminal justice system. If, after the expert's evaluation of the alternatives to incarceration for the Alcorn County criminal justice system, the ACJ's population exceeds the population capacity (12) days or more in another thirty (30) day period, the Defendants shall implement the recommendations of the expert on alternatives to incarceration.
28. Defendants shall not house more than four women in the current women's cell and Defendants shall remove one of the double bunks from the cell. Defendants shall find appropriate alternative housing for female inmates.
29. No inmates shall be housed in cells, bullpens or other areas where there are fewer beds than inmates in the area, and no inmates shall be made to sleep on the floor or in any place other than a bed.
E. Staffing and Operational Procedures 30. To maintain safety and security within the ACJ, the Defendants shall hire and maintain four full time jailers working eight hour shifts and two part time jailers to cover the 16S hour work week. There shall at least be one jailer on duty at all
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times. Additionally, there shall be at least (1) female officer on duty at all tines when female(s) are housed in the ACJ.
31. The Defendants shall ensure that the ACJ has sufficient staff to implement all terms of this Order. In addition, sufficient staff shall be hired and trained such that the required staffing levels can be maintained even during periods of staff illness or vacation.
32. 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 mental health professionals from Timber Hills Mental Health Associations fe.g., psychiatrist, psychologist, or psychiatric registered nurse) to deal with special needs initiates, and training by a local r.edical professional (e.g.. licensed pharmacist or licensed physician) on administering medicine along with recognizing the side-effects of medications commonly administered at the ACJ.
33. 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 40 hours of preservice or orientation training before beginning active duty at the ACJ. The Defendants may satisfy this pre-service 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 Sheriffs' Association in Alexandria, Virginia.
34. The Sheriff or Chief Correctional Officer shall be sent, at County expense, to the training courses offered to jail managers by the United States Department of Justice National Institute of Corrections ("NIC").
35. At regular intervals, not less than every thirty minutes, the ACJ staff shall conduct an inspection of the facility. The inspection shall include a direct, visual, and logged inspection of every cell and bullpen area in the ACJ.
36. The Defendants shall develop and implement written policies and procedures to classify inmates in accordance with the level custody required (i.e. inmate supervision and custodial management issues), and the level of security needed (dangerousness, nature of offense). Classification decisions shall be based on each inmate's personal, social, medical, and criminal history. Security of the facility, its staff, and inmate safety should be the primary concerns in all classification and housing decisions.
37. The Defendants shall continue to ensure that no juveniles are housed in the ACJ. This provision does not address the housing of juveniles who are certified as adults by the courts.
38. The Defendants shall develop and implement written policies and procedures prohibiting inmates from having money in their possession while in the ACJ.
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39. The Defendants shall develop and implement written policies and procedures concerning the use of mace or other similar chemical agents. All uses of mace or similar chemical agents 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.
40. The Defendants shall develop and implement policies and procedures concerning the use of restraints.
41. The Defendants shall ensure that trusties are closely supervised. Under no circumstances shall trusties have authority over or supervision of other inmates.
42. Defendants shall continue to ensure that kitchen knives and tools are inventoried and secured and that a log of their use is maintained.
43. The Defendants shall continue the practice of removing from cells inmates' personal items that constitute security hazards and to issue them on an as needed but reasonable basis.
F. Ventilation and Temperature Control 44. The Defendants shall repair the ventilation system and provide adequate supply of fresh air and exhaust of unclean air,
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that is at least 10 cubic feet of fresh or recirculated filtered air per minute per occupant for innate cells.
45. The Defendants shall ensure that the ACJ is adequately heated.
G. Plumbing and Lighting 46. Defendants ,shall ensure that water supply to living areas is adequate and that hot water temperatures are approximately 110 degrees Fahrenheit and that under no circumstances shall hot water temperatures exceed 120 degrees Fahrenheit. 47. The Defendants shall repair and maintain all leaking or inoperative toilets, showers, and sinks in the ACJ. 48. The Defendants agree to provide adequate illumination for all cells. H. Maintenance and Sanitation 49. The Defendants shall, within sixty (60) days of the entry of this Order, thoroughly clean and fumigate the ACJ. The Defendants shall contract with a pest control service to spray the ACJ nonthly and shall recall the service whenever needed. The Defendants shall cease allowing inmate trusties to spray pesticides. 50. The Defendants shall ensure that inmate living areas are cleaned daily and shall provide adequate scrub brushes and detergent to ensure the cleanliness of toilets, wash basins, showers, and floors in each cell area. While inmates may perform the daily cleaning work, it shall remain the responsibility of
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the Defendants to ensure that the facility is maintained in a sanitary condition.
51. The Defendants shall develop and implement written policies to ensure daily cleaning of the food service area and sanitizing of food service equipment.
52. The Defendants shall install fire retardant shower curtains and maintain them.
53. The Defendants shall ensure the proper storage of chemical pesticides, chemical cleaning agents, and paint solvents.
54. The Defendants shall ensure that all mattresses and pillows are routinely cleaned and sanitized.
I. Food and Water Service 55. The menus of all meals served at the ACJ shall be created by a trained dietician and shall be followed carefully. 56. The Defendants shall ensure that the ACJ staff supervises inmate trusties when they are distributing meals to inmates and that the staff monitor inmate living areas immediately after meals are served. 57. The Defendants shall continue to provide inmates with adequate amounts of potable water. 58. The Defendants shall continue to ensure that if trusties continue to prepare food they are supervised by correctional staff. 59. The Defendants shall ensure that inmates are served three meals per day, two of which must be hot meals.

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J. Medical Care and Mental Health Care Services 60. 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., retired registered nurse) to serve as the health care authority responsible for all aspects of health care at the ACJ, including (a) conducting sick call services a minimum of once a week, (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 sub-specialty medical providers by a physician or registered nurse shall receive medical evaluation and medical care fron such specialists. 61. The Defendants shall identify and develop a properly equipped area in ACJ to be utilized as the medical triage, examination, and treatment area. In the existing facility, this area may be used for other purposes when not in use for medical triage, examination, or treatment of inmates.
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62. The Defendants shall develop and implement adequate written policies and procedures governing access to and delivery of medical services and mental health care.
63. The written policies and procedures governing medical and mental health, services shall include an adequately detailed 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) medical, surgical, mental health, and dental history; (2) current injuries and illness; (3) current medications; (4) allergy information; (5) personal physician(s), dentist(s) and 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) other communicable diseases.
64. The Defendants must provide in-service training to all appropriate staff in how to complete the screening form. Such training shall be conducted by a qualified health professional. Health screening shall only be performed by trained personnel.
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65. A registered nurse or physician must review all medical screening forms daily and must file such screening forms in the inmate's medical record or chart.
66. Within two weeks of intake, Defendants must also give each inmate a health assessment including initial history, to include any known allergies, and a physical examination consisting of blood pressure, pulse, temperature, and respiration. The health assessment results must be recorded on a standardized form that is placed in the inmate's medical record along with the inmate's intake screening form.
67. 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 registered nurse or physician; (3) logging procedures to record each request for sick call services; (4) review of inmate requests by a registered nurse or physician on a daily basis to determine urgency of need to be examined; (5) a sick call clinic held at least once per week conducted by"a registered nurse under the supervision of a physician, or a physician; and (6) recording the results of sick call in an inmate's record in a generally accepted professional format.
68. 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 tine after the oral request.
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69. 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.
70. The Defendants shall ensure that the dentist referred to above in 5 60 proyides dental care services for inmates with serious dental problems. Such services shall not be limited to extractions.
71. 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 5 60 shall provide 24-hour on-call consultation as well as inperson intervention and evaluation. Furthermore, mentally ill inmates shall be housed in an appropriate environment that facilitates staff supervision and personal safety.
72. Defendants must provide immediate access to medical care in case of an emergency and must develop and implement an emergency response policy and procedure that specifies the plan for responding to identified medical or psychiatric emergencies in the ACJ. Defendants must plan, implement, and document semiannual emergency medical response drills for all shifts to test preparedness to respond to a medical emergency. These drills must be observed and critiqued by a physician.
73. Defendants must train and certify all personnel in Basic Life Support Cardiopulmonary Resuscitation (BLS-CPR) with re-certification on an annual basis.
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74. Defendants roust develop and implement a policy and procedure to specify minimum follow-up frequency and minimum evaluation for inmates identified with chronic illness (e.g. asthma, diabetes, hypertension, positive PPD status, AIDS, seizure disorder,, etc.).
75. In all cases of inmates confined at the ACJ 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's health care authority. 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.
76. 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 KIV testing and counseling is available on a confidential basis to inmates who request testing. An inmate's HIV test results or KIV status shall not be released to other inmates without the written informed consent of the inmate in question;
b) For the purpose of obtaining any necessary medical care and counseling, Defendants shall ensure that a physician shall examine any inmate identified HIV+ ;
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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 KIV+ and symptomatic shall be housed in a medical area appropriate for the acuity of their symptor.s such as an infirmary, hospice, or hospital. Based on a case by case evaluation and determination by a physician, HIV+ inmates with minor symptoms may be appropriately housed in general population. 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.
None of the provisions set forth above shall affect inmates1 rights under the American with Disabilities Act, 42 U.S.C. § 12101 et sea.
77. The Defendants must ensure that essential prenatal care is provided.
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78. In order to ensure that medications inmates bring with them to the ACJ 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.
79. 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.
80. 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.
81. 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.
82. Defendants shall develop and implement written policies for blood and bodily fluid spills, medical waste disposal, and outdated drug disposal.
83. Defendants shall establish and implement written procedures for an adequate detoxification program, including adequate initial assessment of intoxication levels of inmates
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upon booking and access to medical supervision of an intoxicated inmate. Officers shall be adequately trained in the detoxification program.
84. Defendants shall continue to ensure that inmate trusties have no access to medical records, medication, or control access to medical services.
85. No inmate shall be disciplined for or otherwise discouraged from accessing the health care delivery system.
K. Suicide Prevention Measures and Special Needs Inmates 86. The Defendants shall ensure that suicide prevention measures are in place at ACJ. To this end, the Defendants shall
(a) repair and retrofit each cell containing obvious protrusions that are conducive to suicide attempts, including, but not limited to, exposed piping, light fixtures, towel racks, and electrical cords; (b) cease using the old juvenile cell to house suicidal inmates until necessary repairs are completed; (c) replace all cell doors (i.e., female cell, old juvenile cell and trusty cells) with doors that contain larger viewing windows allowing for proper inmate supervision; (d) purchase various equipment including but not limited to, a first aid kit, a 911 rescue
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tool, disposable gloves, and a CPR pocket mask; (e) screen all inmates for suicide risk and other special needs prior to their admission to the .ACJ. Such screening shall thoroughly assess a potential inmate's mental health and shall comport with current mental health professional and correctional standards; (f) provide training by a jail suicide prevention expert or licensed mental health professional to all ACJ staff and all Alcorn County Sheriff's Department officers responsible for supervising or monitoring ACJ inmates. Such training shall include, but not be limited to, the proper response to a suicide or suicide attempt, including how to cut down a hanging victim and other first-aid measures, the identification and screening of special needs inmates, and training about high-risk groups and critical periods for suicides and suicide attempts; (g) ensure that physical restraints are used only as a last resort for periods in which . the inmate is engaged in self-destructive behavior and that a mental health professional is immediately notified when a
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decision has been made to utilize physical restraints. 87. The Defendants shall develop and implement written policies and procedures on suicide prevention and the treatment of special needs inmates, which shall include, but not be limited to, the following: , (a) the appropriate housing of special needs
inmates based on their needs and the ability of the jail staff to monitor; (b) the establishment of two levels of supervision for suicidal and/or special needs inmates—"Constant Watch" and "Close Watch." Constant Watch is reserved for an 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-onone) by an officer who has a clear, unobstructed view of the inmate at all times. Close Watch is reserved for an inmate who has expressed thoughts of suicide and/or has a prior history suicidal behavior, but is not considered actively
23

suicidal. The inmate shall be observed by an officer at staggered intervals (e.g., 5, 15, 10 etc.) not exceeding 15 minutes. The officer shall document the Constant Watch.check every 15 minutes in a suicide watch log, and document the Close Watch as the staggered check occurs. Inmate trusties may supplement, but never be utilized to substitute the physical observation of the officer; (c) the communication of information relating to special needs inmates between and among all ACJ staff members, between arresting and transporting officers and ACJ staff, between ACJ staff and ACJ administration, and between ACJ staff and the special needs inmate; (d) the notification by ACJ staff to local or state mental health authorities that a special needs inmate (except intoxicated) has been admitted to the . ACJ; (e) the notification to the special needs inmate's family (except intoxicated)
24

that he or she has been admitted to the ACJ ; (f) the assessment of all special needs inmates as soon as reasonably possible by. a qualified mental health professional to assess the inmate's level of suicide risk; (g) the establishment of a mechanism by which ACJ staff will communicate with health care providers regarding the status of potentially suicidal inmates or inmates who have recently attempted suicide; (h) the establishnent of a mechanism by which ACJ staff will refer potentially suicidal inmates and inmates who have recently attempted suicide to mental health care providers or facilities for placement; (i) the documentation of all attempted and completed suicides and notification to ACJ administrators, outside authorities and family members of all attempted and completed suicides; and (j) the establishnent of follow-up and administrative review procedures for all
25

attempted and completed suicides, including the determination of what changes, if any, are needed in the Suicide Prevention Program. L. Exercise and Recreation 88. The Defendants shall ensure that inmates are provided access to outdoor exercise (weather permitting), a minimum of one hour per day, five (5) days per week. If the weather does not permit outdoor exercise, the Defendants shall ensure that the inmates are provided with access to indoor exercise, a minimum of two hours per day, five (5) days per week. 89. At their own expense, inmates may receive by mail direct from the publisher, a reasonable number of periodicals, newspapers, books and reading materials which may be kept in an inmate's cell so long as such materials do not create a fire hazard. M. Visitation and Outside Contact 90. The Defendants shall expand visitation hours to permit each inmate to receive at least two (2) hours of visitation time per week, the time divided into two visitation periods. The visitation periods shall include one visitation period on a weekend day. 91. The Defendants shall make reasonable efforts to allow visitors fron outside of the local area visitation time in
26

situations where the visitor cannot easily travel to Alcorn County and cannot visit during the regularly scheduled visitation hours.
92. Visits by persons providing services or assistance such as ministers, physicians, mental health or addiction therapists, probation officers, attorneys and legal assistants providing inmate legal services shall not count against general visitation opportunities.
93. If an inmate or an inmate's spouse, parent, or child is hard of hearing, elderly, infirm, or otherwise unable to visit through the standard visiting procedures, the Defendants shall provide these persons with adequate visitation.
N. Hygiene and Personal Items 94. The Defendants shall continue to provide each inmate with a mattress, mattress cover, sheets, pillow, blanket, washcloth, and a towel. The Defendants shall purchase enough uniforms to provide inmates with clean clothes if they are not otherwise available. All bed linen, towels, washcloths, inmate clothes and uniforms shall be cleaned at least once per week. 95. The Defendants shall replace all torn mattresses with institutional standard fire-resistant mattresses and shall maintain them. 96. The Defendants shall continue to provide inmates with an adequate supply of soap, hair shampoo, toothbrushes, toothpaste, toilet paper, a comb, deodorant, and shaving equipment.
27

97. All female inmates shall be provided a reasonable supply of sanitary napkins upon request.
O. Access to Courts 98. The Defendants shall provide to any inmate 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. 99. The Defendants shall provide to every inmate, not more than forty-eight hours after their initial appearance, reasonable telephone contact, free of charge, with the inmate's local attorney. 100. At no cost to the Defendants, inmates shall be permitted 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.
101. The Defendants shall provide inmates with immediate 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;
28

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 ACJ;
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 Alcorn County Public Defender;
j. a complete listing of the holdings of the law library located in Corinth; and
k. five copies of this Order.
102. 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 itiay keep the
materials in a ACJ office and allow inmates to request that
materials be delivered to their cells. Inmate requests for
access to legal materials shall be met promptly.
103. The Defendants shall develop and implement policies
and procedures to provide inmates with access to the legal
materials contained in the law library located in Corinth. Such
procedures shall either provide inmates with physical access to
the law library or provide inmates with up to five (5) of the
library's 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 a reasonable
29

opportunity to conduct legal research. In the event that ar. inmate is facing a specific court deadlines, the Defendants shall make reasonable efforts to allow the inmate additional access to legal materials upon request.
P. Disciplinary System 104. The Defendants shall include the rules of the ACJ, with a complete list of possible punishments for violations thereof, in the inmate handbook. Written notice of any rules violation, a hearing before an ACJ officer not involved in the investigation of the rules violation and an appeal to the Chief Correctional Officer or Sheriff shall be provided to an innate prior to any punishment being imposed, except that the Defendants may administratively segregate an inmate in emergency or lifethreatening situations. 105. No corporal punishment shall be imposed on any innate at the ACJ. 106. The terms of this Order relating to safety, crowding, health, temperature, hygiene, food, and access to courts shall not be revoked or limited for any inmate for disciplinary reasons. V. CONSTRUCTION, IMPLEMENTATION, AND TIMING OF COMPLIANCE 107. All ACJ policies and procedures which Defendants agree to draft as required by this Decree shall comport with professional standards and shall be subject to review and comment of the United States.
30

108. Except where otherwise specifically indicated, the Defendants shall complete implementation of all the provisions of this Order within one hundred and twenty (120) days of the entry of this Order.
109. The Defendants shall submit quarterly compliance reports to the United States and the Court, the first of which shall be filed within sixty (60) days after the entry of this Consent Decree. Thereafter, the reports shall be filed fifteen (15) days after the termination of each quarter.
110. The compliance reports shall describe the actions that Defendants have taken during the reporting period to implement this Consent Decree and with specific reference to the provisions of the Consent Decree on which they are reporting. As part of the status report, Defendants shall include a report listing the daily population of the ACJ and the number of inmates in each cell.
111. If Defendants fail to comply with the requirements of this Order in a timely manner, the United States has the right to seek additional relief from the Court.
112. All parties shall bear their own costs, including attorney fees.
113. The Defendants shall maintain sufficient records to document their compliance with all terms of this Order. Defendants shall also maintain any and all records required by or developed under the Consent Decree. During the period in which the Court maintains jurisdiction over this action, the United
31

States shall have unrestricted access to copies of all documents which relate to the implementation of this Order- The United States and its attorneys, consultants, and agents shall have unrestricted access to the ACJ, ACJ inmates, and ACJ staff, as necessary to address issues affected by this Order.
114. The Defendants shall immediately explain the terns of this Order to all persons connected with the ACJ, including ACJ staff and Sheriff's deputies, in order to ensure their understanding of the requirements of this Order and the necessity for strict compliance therewith. All ACJ staff members and ether individuals responsible for implementing this Order shall sign a statement indicating that they have read and understand this Order; such statements shall be retained by the Defendants. The Defendants shall require strict compliance with this Order by their respective employees and agents, assigns, or successors.
115. The Defendants shall provide continuous notice of this Order to inmates by posting, within ten (10) days of the signing of this Order and continuously thereafter one (1) copy near the control room. In addition to the general posting of this Order, the inmate handbook described herein shall advise inmates of the fact that the ACJ is being operated under the terms and conditions of an Order entered by the United States District Court for the Northern District of Mississippi and that upon request, any inmate shall be afforded a copy of the complete Order.
32

116. The parties recognize that at the time of the signing

of this Consent Decree, the County is reviewing the option of

constructing a new jail facility. Nothing in this Consent Decree

shall be interpreted to prohibit the construction of such a

facility.

t

117. The Court,shall retain jurisdiction in this case to

ensure that all plans and provisions herein are fully implemented

and maintained until one year after the new jail facility is

occupied and upon a finding by the Court that the Defendants have

fully and faithfully implemented all terms of this Order.

If Defendants do not construct a new jail, the Court shall retain

jurisdiction in this case until one year after the entry of this

Order and upon a finding by the Court that the Defendants have

fully and faithfully implemented and maintained all terms of this

Order.

Agreed to by:

COUNSEL FOR UNITED STATES:

Date: August , 1994

Deval Assistant Attorney General Civil Rights Division United States Department of Justice

Alfred E. Moreton, III United States Attorney, Northern District of Mississippi Box 886 Oxford, MS • 38655 (601) 234-3351
33

Iris Goldschmidt U.S. Department of Justice Civil Rights Division Special Litigation Section Post Office Box 66400 Washington, D.C. 20035 (202) 514-6264
COUNSEL FOR DEFENDANTS-ALCORM COUNTY, ALCORN COUNTY SHERIFF, AND ALCORN COUNTY BOARD OF SUPERVISORS

Date: August_

1994

Wendell H. Tra'j Mitchell, McNutt Smith & Sams 503 Waldron Street Corinth, MS 38834-1200

It is hereby Ordered, the

day of

, 1994

UNITED STATES DISTRICT JUDGE

34

 
 U.S. Department of Justice Civil Rights Division

Office of the Assistant Attorney General

Washington, DC. 2UO35
MAY 3 i393

REGISTERED MftIL M RECEIPT REQUESTED
Mr. Ely Mitchell •;,• . President A l c o r n Couivty Board .of S u p e r v i s o r s 501 Waldron Street v Corinth, M S .38834-0069
Re: Investigation of the Alcorn County Jail in Corinth. M i s s i s s i p p i ''_'.
Dear Mr. Mitchell:
I am writing to inform you of ourintention to investigate conditions at^the Alcorn County Jail ("ACT") in Corinth, Mississippi. The investigation is pursuant to the Civil Rights of Institutionalized.Persons Act, 42 "U.S.C. §1997-1997j (1982).
-The p u r p o s e of t h e investigation ..will b e t o determine whether ACJ violates the constitutional rights of its inmates. The investigation will focus on, among other things, allegations c o n c e r n i n g (1) conditions o f c o n f i n e m e n t , (2) staffing and supervision;by guards,. (3) suicide precautions, and (4) medical c a r e . . Initiating this investigation "in n o w a y evidences any prejudgment that ACJ 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. Alcorn Co.

• H

HB

••

||

HV

JC-MS-007-001

- 2-
Federal Bureau of Investigation to visit and tour ACJ. 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,
7f
•James P. Turner Acting Assistant Attorney General
Civil Rights Division
cc: Mr. Jimmy Taylor Alcorn County Sheriff
Thomas L. Sweat, Jr., Esquire Alcorn County Attorney
Alfred E. Moreton III, Esquire United States Attorney Northern District State of Mississippi

 
 Office nf the Assistant Atu<n\e\ Central

Civil Rights Division
Ur.shingitm, DC. 2<ffl?

REGISTERED MAIL RETURN RECEIPT REQUESTED
Mr. Ely Mitchell President Alcorn County Board of Supervisors 501 Waldron Street Indianola, Mississippi 38751-0988

QQJ 3 ,993

Re: Notice of Findings of Investigation, Alcorn County Jail

Dear Mr. Mitchell:

On May 3, 1993, we notified you of our intent to investigate the Alcorn County Jail (hereinafter "ACJ") pursuant to the Civil Rights of Institutionalized Persons Act, 42 U.S.C. § 1997 et sea. Consistent with statutory requirements, we now are writing to advise you of the findings of our investigation. Throughout our investigation, county officials, including the Sheriff, Deputy Sheriff, and Dispatcher, provided us with substantial assistance and their 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 the

individuals confined at ACJ 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). With

respect to the pretrial detainees, the Fourteenth Amendment

prohibits punishment of these persons or restrictive conditions

or practices which are not reasonably related to a legitimate governmental objective such as ensuring the detainees7 presence

at trial or maintaining jail security and order. Bell v.

Wolfish, 441 U.S. 520, 540 (1979). For those convicted of a

crime, the standard to be applied is the Eighth Amendment's

proscription against cruel and unusual punishment. Wilson v.

Seiter,

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

452 U.S. 337 (1981). When convicted prisoners are not, as here,

separated from pretrial detainees, the Fourteenth Amendment

standard applies to all inmates.

U.S. v. Alcorn Co.

JC-MS-007-002

o
Department of Justice attorneys, accompanied by four consultants (a penologist, a medical doctor, a suicide expert, and a health and safety expert), toured ACJ on June 15 and 16, 1993. During the co,urse of these tours, we interviewed inmates, examined ACJ records, and evaluated other records provided by the Sheriff Department's personnel. Based on our investigation, we believe that certain conditions at ACJ violate the constitutional rights of the inmates confined there. These constitutionally violative conditions and the minimum remedial measures that ACJ must implement are set forth below:
I. THE JAIL DOES NOT HAVE ADEQUATE SECURITY AND SUPERVISION.
A. Staffing and Supervision. ACJ does not have any jail staff, a situation that severely jeopardizes the safety of inmates and the security of the jail. One inmate trustee is in de facto charge of the housing units and another inmate trustee is responsible for the food service (ordering, storage, preparation, and distribution). All inmates, including female inmates, must depend on the male inmate trustees to provide for many of their basic needs. Also, the inmate trustee has access to the cell door keys. Furthermore, the jail is not adequately monitored: neither the television monitors nor the intercom operate adequately. This failure to provide adequate staff and the use of inmate trustees to supervise and exercise authority over other inmates is dangerous.
ACJ has no policies and procedures for the operation of the jail. Policies are needed for ensuring the security of the jail, holding the staff accountable for their actions and to provide basic operating procedures.
B. Control of Dangerous Items. ACJ fails to control and monitor potentially dangerous kitchen tools and utensils. -We found a variety of kitchen knives, screwdrivers, wrenches and other tools in unsecured drawers in the kitchen. The inmate trustee has unfettered access to these dangerous implements, and through him so do the other inmates. No one at the jail knew what should be the count of knives and tools in the kitchen. Also, we saw personal items such as irons and aerosol sprays in the cells which could be used as weapons.
C. Food service. ACJ serves only two meals per day to inmates. An inmate trustee plans the composition of the meals and cooks all of the meals. ACJ has not determined that the two meals are nutritionally adequate for the inmates.

- 3-
II. MEDICAL, MENTAL HEALTH, AND SUICIDE PREVENTION SERVICES ARE GROSSLY INADEQUATE.
A. Medical Resources and Access to Medical Care. Access to medical care at ACJ is deficient. A local practitioner provides episodic care for inmates after referrals from ACJ, but does not provide on-site services at the jail or provide "on-call" telephone advice. There are no adequate provisions for proper follow through of recommended treatment, referrals, or diagnostic testing for ACJ inmates. Also, ACJ has no written policies or procedures for the provision of medical care.
Current medical screening at ACJ is deficient. Medical screening is conducted by the booking officer who has not been trained to conduct such screening. There is no screening for dental or mental health problems or suicide ideation. There is no pre-set blood alcohol level above which intoxicated inmates are automatically referred for medical evaluation prior to being placed in the drunk tank.
ACJ has no formal sick call policy and procedure. In general, requests to see a physician are made through the inmate trustee. Trustees should not be given control over access to medical care. Also, the results of visits to the local hospital are not documented. Furthermore, there is no current provision for health maintenance for inmates with identified chronic illnesses. ACJ does not provide therapeutic diets to inmates.
ACJ's medication distribution system is inadequate. Inmate trustees distribute medications. Inmate trustees should not be given such health care responsibilities. There is no mechanism in place to ensure that inmates actually take the medicines they are given. Currently, an inmate's medication is confiscated upon booking and is kept in the dispatcher's office. There is no verification of the status of the prescription or that the medication in the vial is in fact that which was prescribed. In several instances, ACJ failed to ensure that inmates received their medications.
B. Mental Health Care. The facility does not provide adequate mental health care services. Specifically, there is no mental health screening at ACJ, nor is there adequate access to mental health care professionals for inmates with mental illnesses or who are at risk of suicide.
C. Suicide Prevention Program. None of the Alcorn County Sheriff's Department personnel have received any jail suicide prevention training nor are they required to be CPR trained and certified. ACJ also lacks medical emergency supplies. The questions on the intake booking card do not identify suicidal inmates, nor is there any other mechanism in place to identify suicidal inmates.

- 4-
Furthermore, ACJ does not have an area suitable for housing suicidal inmates. All the cells in the facility have exposed piping, light fixtures, towel racks and electric cords, which present opportunities for an inmate to attempt suicide. In a recent suicide attempt at ACJ, an inmate was found hanging by a cord by an inmate trustee who came to check on the inmate when he noticed that the inmate was unusually quiet. The inmate trustee cut the cord by which the inmate was hanging and administered CPR through the cell bars. The trustee had to kick the main cell block door and scream to get assistance. The inmate was not taken to the hospital after his attempted suicide. Three of the most recent suicide attempts in the jail were discovered by other inmates and not by County staff; two of the incidents involved items (string and hoarded medication) to which the inmates should not have had access.
III. ACJ HAS SERIOUS ENVIRONMENTAL HEALTH AND SAFETY DEFICIENCIES.
A. Physical Plant Maintenance. We found defective plumbing, inadequate ventilation systems, altered exhaust air ducts for individual cells, exposed electrical wiring, and faulty lock and door maintenance throughout the facility.
In virtually all inmate housing areas lighting levels were grossly inadequate. Mechanical ventilation in the cell housing was also grossly inadequate for providing a minimum supply of fresh air and exhaust of unclean air. This condition was exacerbated by internal air temperatures of 82 degrees fahrenheit and 80% relative humidity. There was no evidence of recent cleaning, maintenance, and proper balancing of the ventilation system. Inadequate ventilation increases the potential for infectious communicable diseases to occur<-and progress.
Hot water in the individual cells reached 150 degrees fahrenheit. Water that hot can scald inmates and staff. Inadequate plumbing maintenance and defective lavatory valves have caused inadequate water supply in the drunk tank, cell 2 on the County side, the day room on the State side, as well as a leaking sink drain pipe in the food preparation area. These plumbing deficiencies can cause the spread of diseases.
We found exposed, nonconforming electrical wiring in the pipe chase affixed to the rear of a metal cell wall, exposed electrical outlets and electrical switches, and overloaded outlets in the individual cells. These conditions increase the potential of electrical fire and possible electrocution of inmates.
B. Personal Hygiene and Bedding. The facility does not provide any personal hygiene materials for inmates, e.g., soap, shaving soap, toothpaste, toothbrushes, or feminine hygiene materials.

- 5-
ACJ also does not provide towels, washcloths, bed linen, undergarments or personal clothing. These items are essential to maintain personal hygiene. Furthermore, bed mattresses which were torn were unsanitary and enhanced the potential for disease transmission.
C. Fire Safety. There is no plan for emergency evacuation of inmates in the event of a fire. The annunciator panel in the facility was inoperable. ACJ also lacks an emergency secondary power source. This renders all smoke detection and alarm systems inoperable in the event of a power failure.
The fire extinguishers are not routinely inspected and serviced. Flammable materials are stored next to the hot water heater. The main exit corridor out of the cell housing area was partially blocked by two large soda vending machines. ACJ uses polyurethane mattresses and pillows, which emit highly toxic gasses upon ignition, throughout the cell housing areas. Shower curtains in the facility are not flame resistant. In one cell, the shower curtain consisted of trash bags which are flammable and which emit toxic gasses upon ignition. Moreover, the keys for all cell doors were not labeled or readily identifiable so as to facilitate immediate evacuation in the case of a fire. The dispatcher informed us that in an emergency she would not know which key fit which cell door. Finally, the illuminated fire exit signs did not work.
D. Environmental Hygiene and Sanitation. We found individual cells, showers, toilets and lavatories to be dirty. There was soil residue and mold growth on shower walls and floors, lavatories and toilet fixtures. The food service area was also unsanitary. Our inspection revealed soiltresidue, grease, food residue, carbon build-up and roaches. Chemical pesticides, chemical cleaning agents and paint solvents were stored together with food products, increasing the potential of chemical poisoning and cross-contamination of chemicals with food products. Furthermore, an inmate trustee was indiscriminately applying unapproved chemical pesticides in the food service operation area, increasing the potential of poisoning of inraates.
E. Overcrowding of Cells. We found that ACJ often houses far more inmates in a cell than its design capacity. Such crowding increases the potential for spreading infectious communicable diseases and for inmate-on-inmate violence and impedes the ability of correctional staff to evacuate inmates in the event of an emergency.

~" 6 *~
IV. ACCESS TO LEGAL MATERIALS IS INSUFFICIENT.
The law library at ACJ is seriously deficient. The selection of books is inadequate. Further, inmates are not informed about the existence of the law library. Finally, there is no system in place to provide inmates access to legal materials outside of the jail.
V. INMATES/ OPPORTUNITY FOR EXERCISE IS INADEQUATE.
ACJ allows inmates outdoor exercise only once or twice per month for 15 minutes. This is insufficient to maintain health and less than what is constitutionally required.
MINIMUM REMEDIAL MEASURES
To rectify these deficiencies at ACJ and to ensure that constitutional conditions of confinement are achieved, the following minimum remedial measures must be implemented:
I. Security and Supervision
1. H i r e five full-time j a i l e r s (8 h o u r shifts) o r four full-time jailers (12 hour s h i f t s ) . Wherever women inmates are housed at the Jail, either a dispatcher or jailer on each shift should be a woman. A minimum of one officer per shift should be stationed in the cell block area at all times. ACJ must cease using inmate trustees to run the jail.
2. All jailers must receive adequate training in small jail operations to ensure the safe and secure operation of the jail. Additionally, a mental health professional must train all jailers in recognizing inmates at risk of committing suicide.
3. Develop and implement written policies and procedures for the operation of ACJ, including, but not limited to, responsibilities of staff, emergency response procedures and use of restraints.
4. Inventory and secure the kitchen knives and tools, and maintain a log of their use. Remove personal items from cells that constitute security problems and issue them strictly on an as-needed but reasonable basis.
5. Ensure that cells house only an appropriate number of inmates.
6. E v a l u a t e the nutritional adequacy of t h e m e a l s served at ACJ and ensure that inmates receive nutritionally adequate food.

- 7-
II. Medical Care. Mental Health Care, and Suicide Prevention
1. Cease using inmate trustees to perform health care tasks, including medication administration and transmission of sick call requests.
2. Develop a contractual relationship with an appropriate medical professional[s] to provide medical care services to ACJ inmates. Responsibilities should include timely evaluation of sick call requests, ensuring that inmates have access to medical care for serious medical problems and emergencies and that inmates receive treatment for communicable diseases, essential prenatal care, and follow-up care for serious medical problems.
3. Develop and implement adequate, written policies and procedures governing access to and delivery of medical care and mental health care, as well as procedures to identify and monitor inmates at risk of suicide.
4. Inmates must be screened for medical problems upon intake by trained jail personnel or a medical professional. Screening should include, but not be limited to, medical, dental, mental health, substance abuse problems, and Tuberculosis. Ensure that inmates with identified chronic illnesses (e.g.. AIDS, asthma, diabetes, hypertension, positive PPD status, seizure disorder, etc.) receive adequate and timely medical care.
5. Ensure that mentally ill or suicidal inmates have access to a mental health professional in case of an emergency.
6. Provide special diets to inmates with medical conditions that require them.
7. Contract with a pharmacist or other appropriate health professional to manage medication at ACJ. Medications must be stored safely and properly monitored. ACJ must also ensure that medications are distributed to the inmates who are to get then and taken by those inmates at the time of distribution.
8. Provide appropriate jail suicide prevention training to jail staff and ensure that inmates at risk of suicide are frequently and regularly observed and that such observations are recorded in writing.
9. Ensure that one correctional officer on- every shift has certification in CPR and that this person is re-certified regularly.
10. Replace all current cell doors (i.e., female cell, old juvenile cell and trustee cells) with doors that contain larger viewing windows allowing for proper inmate supervision.

- 8-
11. Repair and retrofit each cell containing obvious protrusions that are conducive to suicide attempts including, but not limited to, exposed piping, light fixtures, towel racks, and electrical cords. Cease using the old juvenile cell to house suicidal inmates until these repairs are completed.
12. Purchase rescue equipment which must include, but not be limited to, a first aid kit, a 911 Rescue Tool, disposable rubber gloves, and a CPR pocket mask.
III. Environmental Health and Safety
1. Clean the jail and ensure that it remains clean.
2. Provide inmates with personal hygiene materials including, but not limited to, soap, toothpaste, shaving soap, and feminine hygiene materials. Also, provide towels, washcloths, bed linen and personal clothing to inmates, as needed, if they cannot obtain clothing from visitors. Mattresses which are in disrepair must be replaced.
3. Remove paint solvents, chemical cleaning products and chemical pesticides from the food storage area.
4. In order to provide adequate fire safety, ACJ must: post evacuation plans in the housing units and ensure that staff and inmates are educated regarding egress procedures in case of fire emergency; provide a secure evacuation area for inmates; ensure that the annunciator panel is operating; conduct fire drills on a regular basis; ensure that emergency exit lights are operable; obtain a secondary power source; conduct internal fire safety inspections; remove all polyurethane mattresses and pillows; install flame retardant shower curtains; remove obstructions from exit ways; properly store combustible materials; ensure that fire suppression equipment is regularly inspected and maintained and that staff are trained in its use; label cell door keys so that they are readily identifiable.
5. Provide for routine physical plant maintenance to ensure the timely repair of deficiencies, including, but not limited to, repair of exposed electrical wiring and plumbing, and to ensure proper ventilation, lighting, and water temperature.
IV. Inadequate Access to Legal Materials
Provide inmates with reasonable access to appropriate legal materials.

- 9-
V. Opportunity for Exercise
Ensure that inmates are afforded outdoor (weather permitting) exercise, a minimum of one hour, five times per week.
Pursuant to CRIPA, the Attorney General may initiate a lawsuit to correct deficiencies at an institution 49 days after appropriate local officials are notified of them. 42 U.S.C. §1997b(a)(1). That period expires on November 26, 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. We look forward to working with you and other county officials to resolve this matter in a reasonable and expeditious manner. If you or any member of your staff have any questions, please feel free to contact Iris Goldschmidt, Trial Attorney, Special Litigation Section, at (202) 514-6264.
James P. Turner Acting Assistant Attorney General
Civil Rights Division
cc: Mr. Jimmy Taylor Sheriff Alcorn County
Wendell Trap, Esq. Alcorn County Attorney
Alfred E. Moreton, III, Esq. United States Attorney Northern District State of Mississippi

 
 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-00271-LTS

CLOSED

United States v. Alcorn County, et al Assigned to: Senior Judge L. T. Senter, Jr Demand: $0 Cause: 42:1981 Civil Rights
Plaintiff
United States of America

Date Filed: 09/19/1994 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
Iris Goldschmidt U.S. DEPARTMENT OF JUSTICE CIVIL RIGHTS DIVISION Special Litigation Section P. O. Box 66400 Washington, DC 20035 (202) 514-6264 LEAD ATTORNEY ATTORNEY TO BE NOTICED

V. Defendant Alcorn County, Mississippi
Defendant James R. Taylor Sheriff of Alcorn County, in his official

represented by Wendell H. Trapp, Jr. MITCHELL, MCNUTT, THREADGILL, SMITH & SAMS P. O. Box 1200 508 Waldron Corinth, MS 38835-1200 (662) 286-9931 Fax: 662-286-8984 Email: wtrapp@mitchellmcnutt.com LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Wendell H. Trapp, Jr. (See above for address)

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6/13/2005

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

capacity
Defendant Ely Mitchell President of Alcorn County Board of Supervisors, in his official capacity
Defendant Lamar Fields Member of Alcorn County Board of Supervisors, in his official capacity
Defendant Danny Crotts Member of Alcorn County Board of Supervisors, in his official capacity
Defendant Bobby Mitchell Member of Alcorn County Board of Supervisors, in his official capacity
Defendant Travis Drewry Member of Alcorn County Board of Supervisors, in his official capacity

LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Wendell H. Trapp, Jr. (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Wendell H. Trapp, Jr. (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Wendell H. Trapp, Jr. (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Wendell H. Trapp, Jr. (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Wendell H. Trapp, Jr. (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Date Filed 09/19/1994 09/20/1994 09/20/1994

#

Docket Text

1 COMPLAINT for violations of inmate rights under Civil Rights of Institutionalized Persons statutes (jsw) (Entered: 09/20/1994)

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

2 CONSENT DECREE the court shall retain jurisdiction in this case to ensure that all plans and provisions are fully implemented and maintained until one year after the new jail facility i occupied and upon a finding by the court that the defendants have fully and faithfully implemented all terms of this order; if defendants do not construct a new jail, the court shall retain jurisdiction in this case until one year after the entry of this order and upon a finding by the court that the defendants have fully and faithfully implemented and maintained all terms of this order( signed by

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

09/20/1994 11/21/1994 02/15/1995
05/16/1995 10/23/1995 01/16/1996 07/15/1996 10/29/1996 06/30/1997 12/31/1997 02/08/1999 02/08/1999
02/08/2000

Chief Judge L. T. Senter Jr. on 9/20/94) (dlh) Case closed (dlh) 3 INITIAL QUARTERLY COMPLIANCE REPORT by defendants (jsw) 4 SECOND QUARTERLY COMPLIANCE REPORT by defendants (jsw) Modified on 02/15/1995 5 THIRD QUARTERLY COMPLIANCE REPORT by defendants (jsw) 6 Fourth Quarterly Compliance Report by defendants (dlh) 7 Fifth Quarterly Compliance Report by defendants (dlh) 8 Sixth Quarterly Complaince Report filed by defendants (dlh) 9 Seventh Quarterly Compliance Report by defendants (dlh) 10 Quarterly Compliance Report of defendants (dlh) 11 Quarterly Compliance Report of defendants (jlj) 12 JOINT MOTION to Dismiss (dlh) 13 ORDER granting [12-1] joint motion to Dismiss ( signed by Senior Judge L. T. Senter Jr. on 2/8/99) Date of Entry: 2/8/99 (dlh) File Sent to FRC - temp (jlj)

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