Memorandum
Subject
USA v. City of Tupelo, MS et al. Civil No.

NOV 1 4 1994
CLERK, UNITED STATES 01
Date
November 14, 1994

To
Clerk of the Court #308, Federal/Building 301 W. Commerce Street Post Offie* Box 704 Aberdeen/Mississippi 39730

From
Alfred E. Moreton, III USA Northern District of Miss. Post Office Drawer 886 Oxford, Mississippi 38655 By: John R. Hailman
Assistant U. S. Attorney

Attached for filing and docketing in the above-captioned case are:

1. original Civil Cover Sheet;

2. original + 2 service copies + Judge's copy of COMPLAINT.

Please return for our files

(a) duplicate first page of the Complaint, as file-stamped; and

(b) completed duplicate of this memorandum.
NUMBER ASSIGNED: /?ffffi\f S I / ~^D ~~

DATE FILED:

'

JUDGE ASSIGNED: MAGISTRATE ASSIGNED:

AJ
*S

DATE SUMMONS ISSUED:

JRH/wm Enclosures

U.S. v. Tupelo City JC-MS-017-003

FILED
HOVl;

7
IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF MISSISSIPPI
EASTERN DIVISION

UNITED STATES OF AMERICA,

)

)

Plaintiff,

)

v.

)

)

CITY OF TUPELO, MISSISSIPPI;

)

JACK L. MARSHALL, Mayor, City of

)

Tupelo, in his official capacity, )

BILLY V. WHITE, Chief of Police,

)

City of Tupelo, in his official

)

capacity; RUSSEL WITT, Chief

)

Corrections Officer, in his official )

capacity JAMES R. WILLIAMS,

)

in his capacity as President of the )

City of Tupelo Council, PAUL EASON, )

CAROLYN MAUDLIN, JAMES R. WILLIAMS, )

SIMS REEVES, SMITH HEAVNER, STEVE )

MAYHORN, TOMMY DOTY, PERRY THOMAS, )

DANNY BARROWS, member of the City )

of Tupelo Council, in their official )

capacities,

)

Defendants.

)

Civil Rights No. \ j

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 Tupelo Jail in Tupelo, 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. 81997a. 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 Tupelo, Mississippi, owns and operates the jail facility at issue in this action. The City of Tupelo is responsible for the conditions of confinement and treatment of the persons detained or incarcerated in the Tupelo City Jail. 7. Defendant Chief of Police Billy V. White, sued in his official capacity, is charged under local law with responsibility for the general supervision and control of the Tupelo City Jail. He is responsible for, inter alia, the conditions of confinement in the facility, the policies and procedures of the facility, and
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for the protection and safety of the persons detained or incarcerated therein.
8. Defendant Russel Witt is sued in his official capacity as the Chief Correctional Officer of the Tupelo City Jail. The Chief Correctional Officer has responsibility for the day-to-day supervision and control of the Tupelo City Jail, including the conditions, practices and policies of the Tupelo City Jail.
9. Defendants James R. Williams, Sims Reeves, Paul Eason, Carolyn Mauldin, Smith Heavner, Steve Mayhorn, Tommy Doty, Perry Thomas, and Danny Barrows, are sued in their official capacities as members of the City of Tupelo Council. The City of Tupelo Council has the authority to appropriate monies in the City of Tupelo treasury and the responsibility to keep the Tupelo City Jail in good repair. The Board is also obligated to make contracts and plan for a new facility, if needed, and to ensure the completion of any needed remodeling, enlarging, or repairing of the existing Tupelo City Jail.
10. Defendants are legally responsible, in whole or in part, for the operation of the Tupelo City Jail, its conditions of confinement, and the health and safety of persons detained or incarcerated therein.
FACTUftlf ALLEGATIONS 11. The Tupelo City Jail is an "institution" within the meaning of 42 U.S.C. 51997(1).
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12. Persons confined in the Tupelo city Jail have included men and women, pre-trial detainees, misdemeanants, felons, and persons detained pursuant to Mississippi lav.
13. Defendants have failed to provide adequate medical care to persons confined in the Tupelo City Jail by, inter alia, failing to provide adequate medical screening of inmates at intake, failing to provide inmates with adequate access to routine, follow-up, and emergency care, and failing to implement an adequate medication distribution system.
14. Defendants have failed to provide adequate mental health care services to persons confined at the Tupelo City Jail by, inter alia, failing to provide adequate 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 Tupelo City Jail to unsanitary and unsafe conditions. Defendants have subjected inmates to unsanitary and unsafe conditions and practices with respect to, inter alia, food and water services, bedding, clothing, personal hygiene, ventilation, plumbing, electrical wiring, and lighting at the Jail.
16. The Defendants have failed to provide inmates at the Tupelo City Jail with an environment that is adequately fire safe.
17. The Defendants have failed to provide inmates at the Tupelo City Jail with adequate protection from harm by, inter
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alia, failing to provide adequate security and supervision, adequate staffing, adequate staff training, classification, 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 failed to provide inmates with adequate opportunity for out-of-cell/exercise time.
19. The Defendants have failed to provide inmates at the Tupelo City Jail with adequate access to legal materials.
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 Tupelo City Jail that are secured or protected by the Constitution of the United States.
PRAYER FOR RELIEF 21. The Attorney General has authority under 42 U.S.C. §1997, sL sea, to seek equitable relief. 22. Unless restrained by this Court, persons confined at the Tupelo City 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
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conditions of confinement to inmates at the Tupelo City 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,
Attorney General of the Jnited States
DEVAL L. PATRICK Assistant Attorney General Civil Rights Division
ALFRED E. MORETON, III United States Attorney Northern District State of Mississippi
ARTHUR E. PEABODY/CJ*. Chief Civil Rights Division Special Litigation Section
IRIS 'GOLDSCHMIDT Trial Attorney U.S. Department of Justice Civil Rights Division Special Litigation Section Post Office Box 66400 Washington, D.C. 20035-6400 (202) 514-6264
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(®ffirr uf % JVthjrneg (General
IBaslimgton.B. (120530

CERTIFICATE OF THE ATTORNEY GENERAL

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

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

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

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

1994, at

JANET RENO Attorney General
of the United States

 
 U.S. v. Tupelo City JC-MS-017-005
IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF MISSISSIPPI
EASTERN DIVISION UNITED STATES OF AMERICA,
Plaintiff v.
CITY OF TUPELO, MISSISSIPPI, et al. , Defendants.
CONSENT ORDER

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. Inmate Housing/Detention

8

E. Staffing and Operational Procedures

8

F. Ventilation and Temperature Control

11

G. Plumbing and Lighting

11

H. Maintenance and Sanitation

12

I. Food and Water Service

12

J. Medical Care and Mental Health Care Services.... 13

K. Suicide Prevention Measures

and Special Needs Inmates

20

L. Exercise and Recreation

25

M. Visitation and Outside Contact

26

N. Hygiene and Personal Items

27

O. Access to Courts

27

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. § 1391 (b)• 3. The United States has met all pre-filing requirements
stated in the Civil Rights of Institutionalized Persons Act, 42 U.S.C. § 1997 et sea. II. DEFINITIONS
4. "Plaintiff" shall refer to the United States of America. 5. "Defendants" shall refer to the City of Tupelo, Mississippi, the Mayor of the City of Tupelo, the Chief of Police of the City of Tupelo, the members of the City Counsel of the City of Tupelo, 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 Tupelo City Jail. 7. When referring to the existing Tupelo City Jail, the term "cell" shall refer to the inmate living areas. The term "special needs inmates" shall refer to those inmates who are suicidal, mentally ill, mentally retarded, intoxicated, or otherwise a danger to themselves or others. The term "special needs cells" shall refer to those cells in the Tupelo City 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 those of a registered nurse or a licensed physician. III. BACKGROUND
9. The Defendant City of Tupelo owns and operates the Tupelo City Jail ("TCJ") in Tupelo, Mississippi.
10. The Defendant Chief of•Police is responsible for the day-to-day operation of the TCJ. In his official capacity, the Chief of Police has the custody, rule, and charge of the TCJ and the inmates therein.
11. On June 17, 1993, pursuant to the Civil Rights of Institutionalized Persons Act, 42 U.S.C. § 1997 et sea., the United States toured the TCJ with consultants in the fields of penology, correctional health care, environmental health and safety, and correctional suicide prevention. On November 17, 1993, the United States issued a report/findings letter based on its investigation and expert tour and found that the TCJ violates inmates' constitutional rights.
12. While the Defendants recognize that conditions of confinement implicate the constitutional rights of inmates, they do not agree with the United States' finding that TCJ violates inmates' constitutional rights. In order to avoid litigation regarding the constitutionality of these conditions of confinement, the parties agree to the provisions set forth in this Consent Decree.

IV. SUBSTANTIVE PROVISIONS A. New Jail Construction 13. The City of Tupelo has indicated its intention to join
Lee County in funding the construction of a new jail. The City of Tupelo intends to pay Lee County to house all Tupelo City inmates in the new facility on a per diem rate per inmate.
B. Policies and Procedures. 14." The Defendants shall draft a staff manual delineating the general policies and procedures of the TCJ. The Defendants shall ensure that the TCJ is 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. All policies and procedures which Defendants draft shall comport with professional standards and shall be subject to review and approval by the United States. 15. The manual set forth in the above provision shall be distributed to every staff member having contact with inmates at the TCJ. 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. 16. The Defendants shall draft an inmate handbook delineating the general policies and procedures of the TCJ. 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

TCJ; schedules for visitation, exercise, and recreation at the TCJ; a summary of the terms of this Order; a description of the process for obtaining bond and an attorney; a description of the disciplinary procedures; a list of the legal materials available to the inmates and a description of the process by which innates may obtain use of such materials, a description of the emergency procedures at the TCJ; and a list of the requirements and procedures for becoming a trusty- and obtaining work release privileges.
17. The inmate handbook shall be distributed to every inmate within twenty-four hours of arrival.
C. Fire Safety 18. The Defendants shall make the following renovations to the TCJ:
(a) install and ensure proper maintenance of a hard wired smoke detection and alarm system;
(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 aware 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 from the TCJ;
(g) continue to remove all trash bags from inmate living areas;
(h) continue to provide each inmate with a flame retardant mattress which is approved for use in correctional institutions and remove torn mattresses;
(i) install and maintain flame retardant shower curtains;
(j) provide adequate storage of inmate property;
(k) continue to provide adequate storage for combustible materials;

(1) provide equipment necessary to maintain essential lights, power, and communication in emergencies;
(m) ensure that any fans brought in by inmates are in good working order and do not create fire hazards. This provision does not relieve Defendants from providing adequate temperature control at the TCJ;
(n) provide a secure evacuation area for inmates; and
(o) continue to ensure that all butane lighters are removed from housing units.
19. Defendants shall develop and implement a written policy and procedure for fire prevention at the TCJ which shall :> r.clude, 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 facility 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; (d) a plan for the storage and use of all flammable, toxic, and caustic materials in accordance with all applicable laws and regulations. 20. Defendants agree to ensure that the TCJ is in compliance with Mississippi state fire code and regulations and the National Fire Protection Association Standards. 21. The TCJ staff shall be trained in fire prevention and emergency procedures. 22. Fire drills shall be conducted every three (3) mo/.ths. 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 responsible for supervising such inmates shall be required to execute their roles in the drills. 23. The TCJ 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, if any, shall be sent to the attorney for the United States with the compliance report as described in \ 101 of this Decree. 24. Defendants agree to complete a comprehensive survey of all substandard and hazardous electrical conditions and correct such conditions.

D. Inmate Housing/Detention 25. Defendants shall continue to ensure that neither the padded cell nor the disciplinary isolation cell are used to house or detain inaates. 26. The Defendants shall continue to ensure that inmates housed in the TCJ are not segregated on the basis of race. 27. The Defendants shall not house a suicidal and/or mentally ill person in excess of. forty-eight (48) hours, except for good" cause shown. 28. No inmates shall be housed in areas where there are fewer beds than inmates and no inmates shall be made to sleep on the floor or in any place other than a bed. E. Staffing and Operational Procedures 29. To maintain safety and security within the TCJ, the Defendants shall hire and maintain four full-time jailers working twelve hour shifts and two part-time jailers to cover the 168 hour work week. There shall be at least one jailer on duty at all times. There shall be at least (1) female officer on duty at all times when female(s) are housed in the TCJ. 30. The Defendants shall ensure that the TCJ has sufficient staff to implement all terms of this Order. In addition, sufficient staff shall be hired and trained so that the required staffing levels can be maintained even during periods of staff illness or vacation. 31. The Defendants shall ensure that current arid new TCJ staff members are sufficiently well-trained to implement the
8

terms of this Order. Such training shall include, but not be limited to, appropriate training and certification in CPR (cardiopulmonary resuscitation), training by a mental health professional to recognize and deal with special needs innate3, and training by a local health professional on administering medicine along with recognizing the side-effects of medications commonly administered at the TCJ.
32. 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 TCJ. 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 Sheriffs1 Association in Alexandria, Virginia.
33. The Chief Correctional Officer shall be sent, at City expense, to the training courses offered to jail managers by the United States Department of Justice National Institute of Corrections ("NIC").
34. At regular intervals, not less than every thirty minutes, the TCJ staff shall conduct an inspection of the TCJ. The inspection shall include direct, visual, logged inspection of all inmate housing areas.

35. The Defendants shall develop and implement written policies and procedures for selecting inmates as trusties. The Defendants shall ensure that trusties are closely supervised. Under no circumstances shall trusties have authority over or supervision of other inmates.
36. The Defendants shall repair and maintain the video monitors in the facility.
37. The Defendants shall develop and implement written policies" and procedures to classify inmates in accordance with the level of custody required (i.e. inmate supervision and custodial management issues), and the level of security (dangerousness, nature of offense). Classification decisions shall be based on each inmate's personal, social, medical, and criminal history. Security of the institution and staff and inmate safety should be the primary concerns in all classification and housing decisions.
38. The Defendants shall ensure that no juveniles are housed in the TCJ.
39. The Defendants shall develop and implement written policies and procedures prohibiting inmates from having money in their possession while in the TCJ.
40. 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
10

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.
41. The Defendants shall develop and implement policies and procedures governing the use of restraints which comport with professional standards.
F. Ventilation and Temperature Control 42. The defendants shall ensure that the ventilation system in TCJ provides an adequate supply of fresh air and exhaust of unclean air, that is at least 10 cubic feet of fresh or recirculated filtered air per minute per occupant for inmc.te cells. 43. The defendants shall ensure that TCJ jail is adequately heated. G. Plumbing and Lighting 44. Defendants shall ensure that hot water supply to living areas is adequate and that water temperatures are approximately 110 degrees fahrenheit and that under no circumstances shall hot water temperatures exceed 120 degrees fahrenheit. 45. The Defendants shall repair all leaking or inoperative toilets, showers, and sinks in the TCJ and shall maintain them in an operational condition.
11

46. The Defendants agree to provide for all cells

artificial illumination producing a minimum of twenty footcandles

of light.

H. Maintenance and Sanitation

47. The Defendants shall ensure that inmate living areas

are cleaned daily. The Defendants shall continue to make

available adequate scrub brushes and detergent to ensure the

cleanliness of toilets, wash bas.ins, showers, and floors in each

cell area. While inmates may perform the daily cleaning work, it

remains the responsibility of the Defendants to ensure that the

facility is maintained in a sanitary condition.

48. The Defendants shall contract with a pest control ser-

vice to spray the TCJ monthly. Additionally, the Defendants

shall recall the service whenever needed.

49. The Defendants shall ensure that all mattresses and

pillows are routinely cleaned and sanitized.

I. Food and Water Service

50. The Defendants shall ensure that the TCJ staff

supervises inmate trusties when they are distributing meals to

inmates and that the staff monitor inmate living areas iiumedi-

ately after meals are served.

51. The Defendants shall continue to ensure that food is

served to inmates at appropriate temperatures.

52. The Defendants shall provide inmates with adequate

amounts of potable water.

—

12

J. Medical Care and Mental Health Care Services 53. Defendants must either hire or develop a contractual relationship with the following medical and mental health personnel: (1) a part-time physician, or registered nurse under the supervision of a licensed physician, to serve as health care authority responsible for all aspects of health care at the TCJ, including (a) conducting sick call services a minimum of tv/j.je 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; (3) a local dentist to provide dental care services to inmates; and (4) major sub-specialty medical providers to evaluate and provide care for inmates referred to them by the central health care authority. 54. Defendants shall develop and implement adequate written policies and procedures governing access to and delivery of medical services and mental health care. 55. 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) past medical, surgical, mental health, and
13

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.
56. 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.
57. 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.
58. Defendants shall identify and develop a properly equipped area of the TCJ to utilized as the medical triage, examination, and treatment area.
59. 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. Defendants must record the results of the examination on a
14

standardized form that is placed in the inmate's medical record along with the inmate's intake screening form.
60. 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 without any innate 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 seen; (5) a sick call clinic, held at least twice per week, conducted by physician or by a registered nurse under the supervision of a physician; and (6) recording the results of sick call in an inmate's record in a generally accepted professional format.
61. 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.
62. 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.
63. The Defendants shall ensure that the dentist referred to above in ^ 53 provides dental care services for inmates with serious dental problems. Such services shall not be limited to extractions.
15

64. 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 53 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.
65. Defendants must provid.e immediate access to medical care in case of an emergency and must develop and implement an emergency response policy and procedure that specifies the steps which will be taken to respond to identified medical or psychiatric emergencies in the TCJ. Defendants must plan, implement, and document semi-annual emergency medical response drills for all shifts to test preparedness to respond to u medical emergency. These drills must be observed and critiqued by a physician.
66. Defendants must train and certify all personnel in Basic Life Support Cardiopulmonary Resuscitation (BLS-CPR) with re-certification on an annual basis.
67. Defendants must 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.).
68. In all cases of inmates confined at the TCJ for seven days or more, Defendants shall administer a PPD test for
16

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.
69. 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. An inmate's HIV test results or HIV 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+;
c) Defendants shall ensure that all correctional staff receive adequate training in HIV related issues. The defendants shall also ensure
17

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. HIV+ inmates with minor symptoms may be appropriately housed in the general population based on a case by case evaluation and decision by a physician. Asymptomatic persons with HIV+ shall be housed in the 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
18

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. 70. The Defendants must ensure that essential prenatal care is provided. 71. In order to ensure that medications inmates bring with them to the TCJ 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. 72. 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. 73. 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.
19

74. 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.
75. Defendants shall develop and implement written policies for blood and bodily fluid spills, medical waste disposal, and outdated drug disposal.
76. 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.
77. Defendants shall continue to ensure that inmate trusties have no access to medical records, medication, or control access to medical services.
78. No inmate shall be disciplined for or otherwise discouraged from accessing the health care delivery system.
K. Suicide Prevention Measures and Special Needs Inmates 79. The Defendants shall ensure that suicide prevention measures are in place at TCJ. 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 light fixtures and wide gauge mesh screens;
20

(b) retrofit the cell bars in the drunk tanks with Lexan and allow for proper ventilation and lighting;
(c) ensure that all cell doors allow for proper supervision;
(d) purchase rescue equipment including, but not limited to, a
• first aid kit, a 911 rescue 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 TCJ. 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 TCJ staff and Tupelo Police Department officers who are responsible for supervising or monitoring TCJ inmates. Such training shall include, but not be
21

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 mace is never utilized on suicidal inmates; and (h) 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 decision has been made to utilize physical restraints. 80. 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
22

ability of the jail staff to monitor them; (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 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
23

Watch as the staggered check occurs. Inmate trusties and video cameras 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 TCJ staff members, between arresting and transporting officers and TCJ staff, between TCJ staff and TCJ administration and between TCJ staff and the special needs inmate; (d) the notification by TCJ staff to local or state mental health authorities that a special needs inmate (except intoxicated) has been admitted to the TCJ; (e) the notification to the special needs inmate's family that he or she has been admitted to the TCJ; (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;
24

(g) the establishment of a mechanism by which TCJ staff will communicate with health care providers regarding the status of potentially suicidal inmates or inmates who have recently attempted suicide;
(h) the establishment of a mechanism by which TCJ 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 TCJ administrators, outside authorities and family members of all attempted and completed suicides;
(j) the establishment of follow-up and administrative review procedures for all attempted and completed suicides, including the determination of what changes, if any, are needed in the Suicide Prevention Program.
L. Exercise and Recreation 81. The Defendants shall develop and implement written policies and procedures to ensure that inmates are provided
25

access to outdoor exercise (weather permitting), a minimum of one hour per day, five (5) days per week. If the weather does rot permit outdoor exercise then the Defendants shall ensure that inmates have access to indoor exercise, a minimum of two hours per day, five (5) days per week.
82. 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 83. 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 non-weekend day. 84. The Defendants shall make reasonable efforts to allow visitors from outside of the local area visitation time in situations where the visitor cannot often travel to Tupelo and cannot visit during the regularly scheduled visitation hours. 85. 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.
26

86. 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 make reasonable efforts to provide for adequate visitation between these persons.
N. Hygiene and Personal Items 87. 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 such is not otherwise available. All bed linen, towels, washcloths, inmate clothes and uniforms shall be cleaned at least once per week. 88. The TCJ shall continue to provide inmates with an adequate supply of soap, hair shampoo, toothbrushes, toothpaste, toilet paper, a comb, deodorant, and shaving equipment. 89. All female inmates shall be provided a reasonable supply of feminine hygiene supplies upon request. 0. Access to Courts 90. 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.
27

91. 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 attor-

ney.

92. 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 consistent with security and

fire safety requirements.

93. 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;

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 Mississip-

pi, the Mississippi Supreme Court, and all

local courts which have jurisdiction over

inmates at the TCJ;

,.

f. a current copy of the Mississippi Code Provi-

sions, 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

Tupelo Public Defender's Office;

j. a complete listing of the holdings of the Lee

County law library;

k. five copies of this Order.

28

94. 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

materials be delivered to their cells. Inmate requests for

access to legal materials shall be met promptly.

95. 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 the Lee County Law

Library. Such procedures shall either provide inmates with

physical access to the law library or provide inmates with up to

5 (five) of the library's legal books per week. Such procedures

shall ensure that inmates are provided with sufficient time with

the books for reasonable opportunity for legal research. In the

event that an inmate is facing a specific court deadline or stat-

ute of limitation, the Defendants shall make reasonable efforts

to allow the inmate additional access to legal materials if it is

requested.

.......

96. At the Defendants' option, a law library may be created

for the exclusive use of inmates, thereby eliminating the need

for inmates to use the Lee County Law Library. In this event,

the parties shall confer and agree as to the selection of books

for the library.

29

P. Disciplinary System 97. The Defendants shall include the rules of the TCJ, with a complete list of possible punishments for violations thereof, in the inmate handbook. Written notice of any rules violation, a hearing before a TCJ officer not involved in the investigation of the rules violation and an appeal to the TCJ's 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. 98. No corporal punishment shall be imposed on any innate at the TCJ. 99. 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 OP COMPLIANCE 100. Except where otherwise specifically indicated, the Defendants shall implement all provisions of this Order within one hundred and twenty (120) days of the entry of this Order. 101. 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 the Consent Decree. Thereafter, the reports shall be filed 15 days after the termination of a quarter.
102. The compliance reports shall describe the actions that Defendants have taken during the reporting period to implement
30

this Consent Decree 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 TCJ and the number of inmates in each cell.
103. If Defendants fail to timely comply with the requirement of this Order, the United States shall have the right to seek additional relief from the Court.
104. All parties shall bear their own costs including attorney fees.
105. 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 States shall have with two days notice 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 with two days notice access to the TCJ, TCJ inmates, and TCJ staff, as necessary to address issues affected by this Order.
10 6. The Defendants shall immediately explain the terms of this Order to all persons responsible for implementing this Order, including TCJ's staff and Tupelo police officers, in order to ensure their understanding of the requirements of this Order and the necessity for strict compliance therewith. All TCJ staff members and other individuals responsible for implementing this
31

Order shall sign a statement indicating that they have read =tnd understand this Order; such statements shall be retained by the Defendants. The Defendants shall require strict compliance with this Order by their respective employees, agents, assigns, or successors.
107. 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 TCJ is being operated under the terms and conditions of an Order entered by the United States District Court for the Northern District of Mississippi, Eastern Division and that upon request, any inmate shall be afforded a copy of the complete Order.
108. The parties recognize that at the time of the signing of this Consent Decree, Tupelo City intends to join Lee County in funding the construction of a new jail facility and intends to house all of its inmates in this new facility. Nothing in this Consent Decree shall be interpreted to prohibit the construction of such a facility.
109. The Court shall retain jurisdiction in this case to ensure that this Order is fully implemented until one year after the entry of this Order and upon a finding by the Court that the Defendants have fully implemented all terms of this Order.
32

Agreed to by: COUNSEL FOR UNITED STATES:

Date: August , 199 4

-Deval Acting 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

Iris Goldschmidt U.S. Department of Justice Civil Rights Division Special Litigation Section Post Office Box 66400 Washington, D.C. 20035-6400 (202) 514-6264
COUNSEL FOR DEFENDANTS-CITY OF TUPELO, MAYOR OF CITY OF TUPELO, CHIEF OF POLICE OF CITY OF TUPELO, AND MEMBERS OF CITY OF TUPELO CITY COUNSEL

Date: August

/ 1994

Guy Mitchell III, Esq. Tupelo City Attorney 105 South Front Street Tupelo, MS 38801 (601) 842-3871

It is hereby Ordered, the

day of

, 1994

UNITED STATES DISTRICT JUDGE
33

 
 Ojju`f oj~ ih<· A\s¡*<\¡r:; ,-l;.'.;

U.S. Department of Justice Civil Riülu.s Di\ is¡on
:.¦l:ii!},·:,!t:. DC. ÷?<R-\`
MAY 3 I9¾3

REGISTERED HAIL RETURN RECEIPT REQUESTED
The Honorable Jack Marshall Mayor 117 North Broadway Street Tupelo, MS 38801
Re: Investigation of the Tupelo City Jail in Tupelo, Mississippi
Dear Mayor Marshall:
I am writing to inform you of our intention to investigate conditions at the Tupelo City Jail ("TCJ") in Tupelo, Mississippi. The investigation is pursuant to the Civil Rights of Institutionalized Persons Act, 42 U.S.C. §I997-I997j (1982).
The purpose of the investigation will be to determine whether TCJ violates the constitutional rights of its inmates. The investigation will focus on, among other things, allegations concerning (1) security and safety, (2) conditions of confinement, (3) structural deficiencies, (4) staffing, (5) medical services, and (6) fire safety. Initiating this investigation in no way evidences any prejudgment that TCJ 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

JC-MS-0017-0001

i

- 2 -

Federal Bureau of Investigation to visit and tour TCJ. v:e 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,

/ J a m e s P. Turner Acting Assistant Attorney General
Civil Rights Division
cc: Mr. Billy B. White Chief of Police City of Tupelo
Guy Mitchell III, Esquire Tupelo City Attorney
Alfred E. Moreton III, Esquire United States Attorney Northern District State of Mississippi

 
 Office of the Assistant Attorney General

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

The Honorable Jac-: L. Marshall Mayor City of Tupelo 117 North Broadway Tupelo, Mississippi 3SSO2

NOV I 7 f993

Re: Notice of Findings of Investigation, Tuoelo Citv Jail

Dear Mayor Marshall:

On May 3, 1993, we notified you of our intent to investigat the Tupelo City Jail (hereinafter "TCJ") pursuant o the Civil Rights of Institutionalized Persons Act, 42 U.S.C. § 1997 et sea Consistent with statutory requirements, we r.cv are writing to advise you of the findings of our investigation.

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. S7 (1976). In making our findings, we are aware that many of the individuals confined at TCJ are pretrial detainees or persons not convicted of ar.y crime. 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 detainees' presence at trial or maintaining jail security. 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. Chaoman, 452 U.S. 337

(1931). When convicted prisoners are not, as here, separated

from pretrial detainees, the Fourteenth Amendment standard

applies to all inmates.

Department of Justice attorneys, accompanied by four consultants (a penologist, a medical doctor, a health and safety expert, suicide prevention expert), toured TCJ on June 17, 1993. During this tour, we interviewed the Chief of Police, jail staff, and inmates. We also examined records maintained at TCJ e.r.6. evaluated other records provided by the facility.

U.S. v. Tupelo City

• • II I I W I I • • •

• • • ••

JC-MS-017-002

Numerous conditions at TCJ violate the constitutional rights of inmates confined therein. These constitutionally violative conditions and the required minimum remedial measures that TCJ rust implement are set forth below:
I . THE J A I L DOES NOT HAVE ADEQUATE SECURITY AND SUPERVISION.
A. Staff Training and Supervision of Inmates. In 1992, TCJ replaced i t s existing j a i l staff with four new full-time j a i l e r s . Staff training records indicated that only one of the four j a i l e r s had completed a basic j a i l officer training course. Staff training i s necessary to ensure the safety of inmates and the security of the j a i l .
The j a i l uses police officers on patrol to s u b s t i t u t e for the j a i l e r s during their breaks. This is an acceptable practice if the officers have received some j a i l training, patrol the j a i l while on duty, and are familiar with and are able to execute the j a i l ' s emergency plans. We found no evidence, however, that TCJ has met any of these conditions. Furthermore, .TCJ does not have a female staff member to supervise female inmates.
The inmate trustees in the facility are not adequately supervised. For example, we discovered that at l e a s t one trustee charged other inmates §2.00 for a meal tray and 25 cents "service charge" to get them canteen items. Proper supervision of the trustees would preclude such practices. In addition, a number of the inmates possessed butane lighters. Butane i s a highly flammable substance. These lighters can be used for numerous purposes which could threaten the security of the j a i l and the safety of the inmates.
B. Racial Segregation. Jail officials openly stated t h a t thev have two drunk tanks — one for Caucasians and the other for people of color. This practice of making housing assignments based exclusively on race violates the Fourteenth Amendment and Title I I I of the Civil Rights Act of 1964, 42 U.S.C. § 2000b.
C. Classification. Aside from keeping men separate from women, the j a i l has no formal classification policy or procedure to separate, for example, aggressive, violent inmates from vulnerable inmates. Classification is essential for maintaining the j a i l ' s security and inmates' safety.
II. .MEDICAL, MENTAL HEALTH, AND SUICIDE PREVENTION SERVICES ARE GROSSLY INADEQUATE.
A. Medical Resources and Access to Medical Care. Access to nedical care at TCJ is deficient. Medical screening is conducted by a corrections person who does not have any medical training or medical background. It doss not include screening for

-1
iberculosis or substance abuse. Also, there is no pre-set blood alcohol level above which intoxicated inmates are autonatically referred for medical .evaluation pricr_ to being placed in the drunk tank. Additionally, the screening form is not always used or fully utilize.! by the stati". As such, serious r.r.di.cal conditions are not consistently identified through the use of the screening form. For example, in March of 1992, an inmate incarcerated en a charge of resisting arrest and public drunkeness died in his cell two days after his arrival. The jail failed to complete the "Officer-Inmate Questionnaire" section of its screening form despite the fact that the inmate was in the facility for two days. Also, we could not locate a Receiving Screening Forr; for another inmate who died in custody.
TCJ has r.r formal sick call policy and procedure. In general, inmates request to see a physician through the jailer or inmate trustee. Trustees should not have any role in determining access to medical care by inmates. The jail fails to provide follow-up care for serious medical problems, and adequate evaluation and follow-up care to inmates with identified chronic illnesses.
TCJ' s medication distribution system is inadequate. Generally, the jailer distributes medication to the inmates. However, on occasion, an inmate trustee is placed in charge of iistributing medication. Several inmates complained that they were given medication irregularly and not in accordance with physician directions. For example, the medical log confirmed a diabetic inmate's complaint that he received his insulin doses at varying times during the day, instead of in the morning as prescribed. Such erratic timing of insulin administration car. contribute to serious complications of diabetes.
The jail also fails to ensure that inmates take their dedications. Several inmates had envelopes containing medications which were administered to them at the jail. TCJ's staff only erratically record the administration of medications to inmates ana it does not require inmates to acknowledge receiot of the medications.
B. Mental Health Care and Suicide Prevention. The facility does not provide inmates with adequate access to mental health care services. Especially egregious is the lack of appropriate care for inmates who have not committed any crime and who are being held under Mississippi's "Lunacy Law."
There have been three suicides at TCJ since 19S7. TCJ's staff has not received any jail suicide prevention training. Furthermore, we found no evidence that the jailers were trained in first aid or certified in CPR. The staff lacks the knowledge to detect or assess vinusual or significant behavior and to prevent harmful incidents. For example, according to his death

port, former inmate Rickey Russe "apparently faked a selfinflicted injury to himself" and possessed "numerous dosage units of prescription drugs" upon his arrest_ in May of 1987. The jailers, however, did not take any suicide prevention measures and he s u c c c ^ fully committed cuici.de with in several hours aiter his arrest.
The jail lacks adequate procedures for suicide prevention screening. Although TCJ uses a screening form for determining whether an inmate's behavior suggests the risk of suicide, it serves no purpose because none of the jailers have been trained to identify the signs and symptoms of suicidal behavior.
A general order instituted in 1992 requires the jailers to check on any sick, suicidal, or inmate detained under the "lunacy lav," every 15 minutes and to log such a check. Despite the fact that TCJ housed several mentally ill and suicidal inmates during the reviewed time period, the jail check sheets did not reflect 15-minute observations. Generally, the inmates confirmed that jailers walk through the cell blocks at thirty minute intervals. Eefore being corrected by a supervisor, a jailer stated that suicidal inmates were observed every 3 0 minutes.
TCJ's staff failed to adequately report potential, attempted •\nd completed suicides. We found very few incident reports and •fficer statements regarding the five deaths at TCJ. Several suicide attempts had occurred without any documentation by the facility.
The housing units for mentally ill, drunk, and. suicidal inmates jeopardize the lives of the inmates housed therein. According to the staff, suicidal inmates ere usually put in one of the drunk tanks and, if their self-destructive behavior continues, they night be moved to the padded cell or isolation cell. The drunk tanks have exposed light fixtures or fixtures covered with wide-gauge mesh screens and wide-gauge mesh screens attached to the cell bars, which offer numerous opportunities for an inmate to cornnit suicide. As discussed in the health and safety section below, the padded cell and isolation cell are unfit for human habitation.
III. TCJ HAS SERIOUS ENVIRONMENTAL HEALTH AND SAFSTY DEFICIENCIES.
A. Physical Plant Maintenance. Physical plant maintenance is completely inadequate. We found defective plumbing, inadequate ventilation, and nonconforming electrical wiring throughout the facility. Numerous toilets and sinks did not operate properly. The ventilation system failed to provide an adequate supply of fresh air and air exchange. The nonconf orming wiring in the facility increases the potential for an electrical fire or electrocution of inmates.

Lighting levels were grossly substandard throughout the .lousing areas. The lack. of lighting inhibits adequate cleaning and maintenance cf cells and increases the potential for accident?.! injuries.
B. Environmental Sanitation. There was a substantial buildup of soil residue and filth in showers, toilets, and sinks. Also, there was active infestation of roaches throughout the living areas. V'e found numerous torn mattresses in the cells. Torn mattresses prevent adequate cleaning and sanitizing so as to prevent disease transmission.
C. Padded Cell and Disciplinary Isolation Cell. Both the disciplinary isolation cell and the padded cell are unfit for human habitation. Both cells contain no means of ventilation, either mechanical or natural, for minimum air exchange. The isolation cell was filthy and had dried fecal matter on the floor and on the toilet fixture. The sink was filthy and inoperative in supplying both tempered and cold running water. Lighting in the cell was completely deficient. The padded cell was covered with padded foam which was installed in the 1960's, and there was no indication that this material met minimum fire safety standards. Additionally, the cell contained no artificial or natural lighting. Finally, this cell was not equipped with either a toilet or a sink.
D. Availability of Bedding, Clothing, and Personal Hygiene Iteas. The jail does not provide sheets, towels, pillows, and clothing to inmates. Although the facility allows visitors to give these items to inmates, it makes no provision for inmates who do not receive such items. The jail fails to ensure that inmates are supplied with toothbrushes, toothpaste, and razors. These items are necessary for maintaining prgper hygiene.
E. Fire Safety. The storage room across from the drunk tanks contained flammable and combustible materials, e.g., oil-based paints, paper products, gas cans, a chainsaw motor, and motor oil. The jail's cell door keys were unmarked. Thus, there is no means of quickly unlocking cells and releasing individuals in cell block areas in the event of a fire or other emergency necessitating immediate evacuation. Several exit lights in the facility were not working. The shower curtains in the facility were not flame retardant. There were non-flame retardant polyurethane mattresses and pillows throughout the facility. Also, we found numerous plastic trashbags throughout the facility. These bags emit toxic fumes upon ignition. Finally, the hard-wired fire alarm system was inoperative and there were no smoke detectors.
F. Provision of Water. TCJ fails to provide inr.ates with sufficient water or other liquids. Giver, the extremely hot temperatures ar.d the lack of adequate ventilation ir. the

- 6-
acility, inmates must be provided with sufficient liquids and ice to prevent dehydration and to maintain proper body temperature.
G. Food. TCJ serves load at improper tenipercturcs, which ""• increases the likelihood of spread of food borne illnesses.
IV. TCJ DOSS NOT PROVIDE ITS INMATES WITH AN ADEQUATE OPPORTUNITY FOR OUT-0F-C5LL EXERCISE.
The facility does not provide inmates with any opportunity for out-of-celi exercise. Exercise is necessary to maintain inmates' health and mental well-being.
V. TCJ DOSS NOT PROVIDE ITS INMATES WITH REASONABLE ACCESS TO LEGAL MATERIALS.
The jail does not have a lav library. The jail does not inform inmates of their ability to access the local law library. V.7a did not find any evidence that inmates were taken to the local law library. Thus, TCJ fails to provide inmates with reasonable access to legal materials.
MINIMDH REMEDIAL MEASURES
To rectify these deficiencies and to ensure that constitutional conditions of confinement at TCJ are achieved, the following minimum remedial measures must be implemented:
I. Security and Supervision.
1. Require all jailers to complete ,a basic training course for jailers. Jailers must be trained in recognizing the signs of mental illness and suicidal tendencies.
2. Ensure that all inmates, including inmate trustees, are properly supervised. When the jail -houses female inmates, the jail should have a female staff person available.
3. Immediately cease segregating inmates by race in the drunk tanks.
4. Remove butane lighters from all housing areas.
5. Develop and implement a classification plan that is appropriate for TCJ's inmate profile and physical plant.
II. Medical Care, Mental Health Care, and Suicide Prevention.
1. Provide adequate medical care to TCJ inmates. Such care should include timely evaluation of sick-call requests by a qualified medical professional, treatment for communicable

- 7 -

"

eases, chronic illnesses, and follow-up care for serious medical problems. The jail should inpleraent an appropriate sickcall system to ensure that appropriate action is taken.

2. Aii ir..-..,;:_u^ ::,Uit be screened for radical problems, nental health problems and suicide ideation upon intake by a qualified health care professional or other appropriately trained person. TCJ must also screen for substance abuse problems, tuberculosis and other communicable diseases.

3. Ensure that a local mental health professional is available for consultation services and on-site evaluation of inmates when necessary.

4. Contract with a pharmacist or other appropriate health professional to manage medication at TCJ. Medications must be safely stored and properly monitored. TCJ must also ensure that medications are distributed to the inmates who are to get them and taken by those inmates at the time of distribution. Medication must be distributed to inmates by a health professional or a corrections staff person who has received training in medication administration and recognition of sideeffects of drugs commonly used at the jail.

5. Revise TCJ's policy manual to include specific rocedures regarding suicide prevention.

6. Immediately cease using the padded cell and the

disciplinary isolation cell to house any inmates, including those

who are suicidal or mentally ill. Remove suicide hazards from

the drunk tanks, and ensure they are adequately ventilated.

Provide drunk, mentally ill, and suicidal .inmates with safe,

appropriate housing.

v

7. Provide appropriate suicide prevention training to jail staff and ensure that inmates at risk of suicide are frequently observed and that such observations are recorded in writing.

8. At least one jailer on every shift must be CPR certified.

9. 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 toothbrushes, toothpaste, and .azors. Also, provide inmates with towels, washcloths, bed linen, and clothes, as needed. Replace torn mattresses.

3. Repair deficiencies in the ventilation system, heating system, electrical wiring, lighting fixtures, and plumbing. Living areas must be properly ventilated and adequately lit.
4. Food nust be served at appropriate te::p-ratu:ei.
5. In order to provide adequate fire safety, TCJ -must: install an adequate smoke detection and alarm system; remove trashbags from ceils; remove combustible materials from the storage room; install flame retardant shower curtains; color-code or touch-code the cell door keys; repair exit lights; and remove polyurethane mattresses and pillows and replace them with fire retardant mattresses and pillows.
6. Inmates must be provided sufficient liquids to ensure that they do not become dehydrated.
IV. Opportunity for Out-of-Cell Exercise.
Afford inmates supervised out-of-cell exercise for a minimum. of one hour, five times per week. Preferably, exercise should be outdoors; however, the facility nust provide indoor exercise space and equipment if outdoor exercise is not possible.
V. Access to Legal Materials.
Provide inmates with reasonable access to legal materials.
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 January 5, 1994. Therefore, ve anticipate hearing from you before that date with any response you may have to•our findings and a .description of the specific steps that you have taken or 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

- 9-
have any questions, please feel free to contact Iris :\\~Sdz, Trial Attorney, Special Litigation Section, at (202) 514-6264.
Sincerely,
James P. Turner Acting Assistant Attorney General
Civil Rights Division
cc: Mr. Billy V. White Chief of Police City of Tupelo
Guy Mitchell, III, Esq. Tupelo City Attorney
Alfred E. Horeton, III, Esq. United States Attorney Northern District State of Mississippi

 
 U.S. v. Tupelo City
lilllll

AEP : DD : TR?: WGM : IG : CA: cmw
DJ 168-40-5S DJ 168-40-53 DJ 168-40-55

JC-MS-017-006

November 8, 1994
EXPRESS MA:L
Alfred E. Mereton, III, Esq. United States AttorneyNorthern District of Mississippi 911 Jackscr. Ave. , Rm. 265 Oxford, MS 35555
Re: United States v. County of Grenada. Mississippi, et al.; United States v.'Citv of Tupelo, Mississippi, et al.; United States v. City of Corinth, et al.
Dear Mr. Moreton:
In accordance with our conversation, I am enclosing an original and four copies of the Complaints, Certificates, and Consent Orders in the above-referenced matters involving our investigations into conditions at the Grenada County Jail, Tupelo City Jail, and Corinth City Jail.
Your signature is needed on each of the Consent Decrees and Complaints prior to filing with the Court on November 15, 1994.
As discussed, the parties to each of these Consent Decrees seek to have them entered as an order of the Court. Accordingly, the last page of each Decree provides space for the signature and entry of the Order by the District Court Judge. Please have a copy of the filed Complaints and Consent Orders date stamped and returned to us in the enclosed envelope. Kindly serve the Complaint and Consent Order on opposing counsel in the preaddressed envelopes enclosed.
As soon as the papers are filed, please contact me at (202) 514-62-64 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

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

U.S. District Court Northern District of Mississippi (Eastern Division) CIVIL DOCKET FOR CASE #: 1:94-cv-00312-GHD

CLOSED

USA v. City of Tupelo, et al Assigned to: Glen H. Davidson Demand: $0 Cause: 42:1983 Civil Rights Act Plaintiff United States of America
V. Defendant City of Tupelo City of Tupelo, Mississippi
Defendant Jack L. Marshall Mayor, City of Tupelo, in his official capacity
Defendant Billy V. White Chief of Police, City of Tupelo, in his official capacity
Defendant Russel Witt Chief Corrections Officer in his official capacity

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
represented by Guy W. Mitchell, III MITCHELL, MCNUTT & SAMS P. O. Box 7120 Tupelo, MS 38802-7120 (601) 842-3871 LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Guy W. Mitchell, III (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Guy W. Mitchell, III (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Guy W. Mitchell, III (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

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

Defendant James R. Williams in his capacity as President of the City of Tupelo Council
Defendant Paul Eason Member of the City of Tupelo Council in his official capacity
Defendant Carolyn Maudlin Member of the City of Tupelo Council in her official capacity
Defendant James R. Williams Member of the City of Tupelo Council in his official capacity
Defendant Sims Reeves Member of the City of Tupelo Council in his official capacity
Defendant Smith Heavner Member of the City of Tupelo Council in his official capacity
Defendant Steve Mayhorn Member of the City of Tupelo Council in his official capacity
Defendant Tommy Doty Member of the City of Tupelo Council in his official capacity
Defendant

represented by Guy W. Mitchell, III (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Guy W. Mitchell, III (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Guy W. Mitchell, III (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Guy W. Mitchell, III (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Guy W. Mitchell, III (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Guy W. Mitchell, III (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Guy W. Mitchell, III (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Guy W. Mitchell, III (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

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

Perry Thomas Member of the City of Tupelo Council in his official capacity
Defendant Danny Barrows Member of the City of Tupelo Council in his official capacity

represented by Guy W. Mitchell, III (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Guy W. Mitchell, III (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Date Filed 11/14/1994
11/16/1994
03/07/1995
03/07/1995 05/08/1995
07/06/1995 01/23/1996
07/02/1996 09/17/1996 12/17/1996 03/24/1997 09/16/1999 05/21/2001 12/18/2003 12/30/2003

#

Docket Text

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

NOTICE OF ASSIGNMENT Judge Glen H. Davidson and Magistrate Judge Jerry A. Davis (dlh)

2 CONSENT ORDER ( signed by Judge Glen H. Davidson on 3/7/95) (dlh)

Case closed (dlh)

3 COMPLIANCE REPORT by City of Tupelo as required under consent decree entered 3/7/95 (jsw)

Compliance Report fled by City of Tupelo (dlh)

4 COMPLIANCE REPORT by City of Tupelo as required under consent decree entered 3/7/95 (jsw)

5 Compliance Report filed by City of Tupelo (dlh)

6 Compliance Report filed by defendant (dlh)

7 Compliance Report filed by the defendant (jlj)

8 Complaince Report by City of Tupelo (dlh)

9 Compliance Report filed by the City of Tupelo (dlh)

File Sent to FRC - temp (jla)

10 MOTION by USA to Dismiss (dlh)

11 ORDER granting [10-1] motion to Dismiss; the court dismissed the Consent Order, vacates the injunction and terminates jurisdiction over this case ( signed by Chief Judge Glen H. Davidson on 12/29/03) Date of Entry: 12/30/03 (dlh)

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

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