U.S. v. Scott Co.

THERN DISTRICT CF MISSISSIPPI

JC-MS-015-004

F I \, £ D ___.
SE? 1 9 19S4
J. T. Ni^L.N

IN THE UNITED STATES DISTRICT FOR THE SOUTHERN DISTRICT OF MISSISSIPPI
JACKSON DIVISION

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

3 .'

IS

£<S S

CONSENT ORDER

TABLE OF CONTENTS

I. II. III. IV.
V.

INTRODUCTION

1

DEFINITIONS

1

-BACKGROUND

2

SUBSTANTIVE PROVISIONS

2

A. Policies and Procedures

2

B. Fire Safety

4

C. Staffing and Operational Procedures

5

D. Ventilation and Temperature Control

9

E. Plumbing and Lighting

9

F. Maintenance and Sanitation

9

G. Food and Water Service

10

H. Medical Care and Mental Health Care Services . 10

I. Suicide Prevention and Special Needs Inmates . 18

J. Exercise and Recreation

23

K. Visitation and Outside Contact

24

L. Hygiene and Personal Items

25

M. Access to Courts

25

N. Disciplinary System

27

CONSTRUCTION, IMPLEMENTATION, AND TIMING OF

COMPLIANCE

28

I. INTRODUCTION 1. This Court has jurisdiction over this action pursuant to
28 U.S.C. § 1345. 2. Venue in the United States District Court for the
Southern District of Mississippi, Jackson Division, is appropriate pursuant to 2? 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 Scott County, Mississippi, the Sheriff of Scott County, the Board of Supervisors of Scott County, 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 in the Scott County Jail (hereinafter "SCJ"). 7. The term "living quarters" shall refer to the innate living areas. 8. 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 SCJ that are suicide resistant.

III. BACKGROUND 9. The Defendant Scott County owns and operates the Scott
County Jail located in Forest, Mississippi. 10. .The Defendant Sheriff of Scott County is responsible
for the day-to-day operation of the SCJ. In his official capacity, the Sheriff, of Scott County has the custody, rule, and charge of the SCJ and the inmates housed therein.
11. On June 29, 1993, pursuant to the Civil Rights of Institutionalized Persons Act. 42 U.S.C. § 1997 et sea.. the United States toured the SCJ with consultants in the fields of penology, correctional health care, and environmental health and safety. On October 8, 1993, the United States issued a report/findings letter based on its investigation and expert tour and found that the SCJ violates inmates1 constitutional rights. Defendants do not admit that SCJ violates inmates' constitutional rights.
12. The parties to this Decree recognize that conditions of confinement at SCJ implicate rights of the inmates confined therein. 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. Policies and Procedures 13. The Defendants shall draft a staff manual delineating the general policies and procedures of the SCJ. The Defendants shall ensure that the SCJ 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. All policies and procedures which Defendants draft shall comport with professional standards and shall be subject to review and approval by the United States.
14. The manual,set forth in the above provision shall be distributed to every staff member having contact with inmates at the SCJ. 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.
15. The Defendants shall draft an inmate handbook delineating the general policies and procedures of the SCJ. 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 SCJ; schedules for visitation, exercise and recreation at the SCJ; a summary of the terms of this Order; 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; a description of the emergency procedures at the SCJ; and a list of the requirements and procedures for becoming a trusty and obtaining work release privileges.
16. The inmate handbook shall be distributed to every inmate within twenty-four hours of arrival.

B. Fire Safety 17. The Defendants shall continue to provide appropriate storage for inmates' personal property. 18. .The Defendants shall continue to replace all torn mattresses with flame resistant correctional standard mattresses. 19. Defendants .shall maintain an emergency generator system in order to provide essential lights, power, and communication during emergencies. 20. Defendants shall ensure that SCJ staff shall be trained in fire prevention and emergency procedures. 21. Defendants shall develop and implement a written policy and procedure for fire prevention at the SCJ which shall include, but not be limited to, the following:
(a) inspection and testing of equipment at least quarterly by local and 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; and
(d) a plan for the storage and use of all flammable, toxic, and caustic

materials in accordance with all

applicable laws and regulations.
f

;

22. The Defendants shall ensure that fire drills are

conducted every three (3) months. Fire drills shall include all

inmates, except w,hen 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 Defendants shall ensure that appropriate secure

covers are placed over "live" outlets in the inmate housing

areas.

24. Defendants agree to ensure that the SCJ is in

compliance with Mississippi state fire code and regulations and

i.

applicable National Fire Protection Association Standards. The

1

SCJ 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

described in «[ 98 of this Consent Decree.

C. Staffing and Operational Procedures

25. To maintain safety and security within the,SCJ, the

Defendants shall hire four (4) full-time jailers to ensure that

at a minimum there are five (5) jailers working at the SCJ.

There shall be at least one jailer on duty at all times and there

shall be at least (1) female officer on duty at all times until lock down when female(s) are housed in the SCJ. Female inmates shall only be frisked by a female officer.
26. .The Defendants shall ensure that the SCJ has sufficient staff to implement all terras 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.
27. In order to ensure that current and new jail staff members are sufficiently well-trained, Defendants shall implement an adequate training program. All employees must complete 40 hours of in-service training every year. In addition to the 4 0 hour in-service training, new staff shall complete an additional 40 hours of pre-service or orientation training before beginning active duty at the SCJ. The Defendants may satisfy this preservice or orientation training through the Correspondence Course for Jailers developed by the United States Department of Justice National Institute of Corrections and instituted by the National Sheriffs' Association in Alexandria, Virginia.
28. The 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").
29. The Defendants shall ensure that SCJ staff members are sufficiently well-trained to be able to implement the terms of this Order. Such training shall include, but not be limited to,

appropriate training to become certified in CPR, training by a

mental health professional in recognition of mentally ill and

.'I

;

potentially suicidal inmates, training on how to deal with such

inmates, and training by a local medical professional on the

administration of medicine and the side-effects of medications

commonly administered at the SCJ.

30. At regular intervals, not less than every thirty

minutes, the jail staff shall conduct an inspection of the SCJ.

The inspection shall include a direct, visual, and logged

inspection of all living quarters.

31. The Defendants shall develop and implement written

policies and procedures for selecting inmates as trusties. These

policies and procedures shall include, at a minimum, the

following: (a) under no circumstances shall trusties have

i

authority over or supervision of other inmates; (b) trusties

shall not book in inmates; (c) trusties who leave the building

shall be searched for contraband when they return to the

facility; (d) trusties shall not distribute medications; and (e)

male trusties shall not have unsupervised access to female

inmates.

32. The Defendants shall develop and implement written

policies and procedures concerning the use of 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.
33. The Defendants shall develop and implement policies and procedures concerning the use of restraints which comport with professional standards.
34. The Defendants shall ensure that the electrically controlled sally port doors are operated properly.
35. The Defendants shall develop a policy and procedure to ensure that officers do not bring their service weapons into the SCJ.
36. The Defendants shall ensure that the control center/dispatch room is secured.
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 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.
8

D. Ventilation and Temperature Control

38. The Defendants shall ensure that the ventilation system

in SCJ provides an adequate supply of fresh air and exhaust of

unclean air that produces at least 10 cubic feet of fresh or

recirculated filtered air per minute per occupant for inmate

cells.

,

39. The Defendants shall ensure that SCJ jail is properly

heated.

E. Plumbing and Lighting

40. The Defendants shall ensure that the 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.

41. The Defendants shall repair and maintain all leaking or

inoperative toilets, showers, and sinks in the SCJ.

42. The Defendants agree to provide for all cells

artificial illumination producing a minimum of twenty footcandles

of light.

43. The Defendants shall install protective light fixtures

on lights throughout the facility.

F. Maintenance and Sanitation

44. The Defendants shall develop and implement.written

policies and procedures to ensure the daily cleaning of all

living quarters. The Defendants shall continue to make available

adequate scrub brushes and detergents 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 be the responsibility of the SCJ staff to inspect the cells and detention•areas regularly and to maintain sanitary conditions.
45. The Defendants shall contract with a pest control service to spray the SCJ monthly and shall recall the service whenever needed.
46. The Defendants shall ensure that all mattresses and pillows are routinely cleaned and sanitized.
G. Food and Water Service 47. The Defendants shall ensure that the SCJ jail staff supervises inmate trusties when they are distributing meals to inmates and that the staff monitor inmate living quarters immediately after serving meals. 48. The Defendants shall continue to ensure that food is served to inmates at appropriate temperatures. 49. The Defendants shall ensure that day-room tables are sanitized before meals are served. 50. Defendants shall continue to provide inmates with sufficient potable water. H. Medical Care and Mental Health Care Services 51. The Defendants shall develop and implement adequate written policies and procedures governing access to and delivery of medical services and mental health care services. 52. The above stated written policies and procedures governing medical services shall include an adequately detailed
10

admission screening form. In consultation with a qualified health professional and in accordance with accepted correctional standards, the Defendants shall draft and implement a health screening•form to evaluate all inmates upon their admission to the SCJ. The health screening form shall record, at a minimum, the following information upon intake: (1) medical, surgical, mental health, and dental history; (2) current injuries and illnesses; (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, including the date and result of the last TB test; and (10) other communicable diseases.
53. 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.
54. The Defendants shall ensure that a physician reviews all medical screening forms on a daily basis and that such forms become part of an inmate's medical record or chart.
11

55. Within two weeks of intake, the Defendants shall ensure

that a health professional gives each inmate a health assessment

i

including an initial medical history and a physical examination

consisting of blood pressure, pulse, temperature, and

respiration. Results of the assessment shall be recorded on a

standardized form that shall be placed in the inmate's medical

record along with his or her intake screening form.

56. Defendants shall hire or develop a contractual

relationship with the following medical, mental health, and

dental personnel: (1) a local physician or physician practice

group to serve as the central health care authority for the SCJ

and to treat inmates who request medical care or otherwise

require medical treatment; (2) a local psychiatrist, psychologist

or psychiatric RN (with appropriate and available psychiatric

t.

back up) to provide mental health sick call services on a weekly

'

basis in addition to other routine and emergency services; (3) a

local dentist to provide dental care services; and (4) major sub-

specialty medical providers to evaluate and provide care for

inmates referred to them by the central health care authority.

57. The Defendants shall develop a sick call policy,

procedure, and practice that include, at a minimum, the

following: (1) written sick call request slips (upon admission,

SCJ shall provide each inmate with a sick call request fora and

shall supply inmate with replacements for used forms); (2) a

confidential collection method where the request slips go

directly to the local physician with no inmate trusty

12

involvement; (3) a logging procedure to record each request for sick call services; (4) procedures and practices which ensure that any inmate who requests medical care is immediately transported to the local medical clinic and is treated by a physician within<one and a half hours from the time he or she requested medical attention; (5) procedures and practices which ensure that illiterate inmates can orally access the sick call system by requesting access through a jail officer, who must, as soon as reasonably possible after the oral request, fill out a request slip for the inmates; (6) procedures and practices which ensure that results of the sick call clinic are recorded in the inmates's medical record in a generally accepted professional format; (7) procedures and practices which ensure that 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; and (8) procedures and practices which ensure that the central health authority of SCJ shall arrange for hospitalization of inmates, if necessary, and shall provide them with care or make arrangements for medical care during hospitalization.
58. 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 steps that will be taken to respond to identified medical or psychiatric emergencies in the SCJ. Defendants must plan, implement, and document quarterly emergency medical response
13

drills for all shifts to test preparedness to respond to a medical emergency. These drills must be observed and critiqued by a physician.
59. .Defendants shall provide adequate mental health services to SCJ inmates. To this end, Defendants shall ensure that a local psychologist, psychiatric RN, or local psychiatrist provides mental health sick call services at a minimum of once a week and ensure that the mental health professional provides 24hour on-call consultation as well as in-person intervention and evaluation.
60. The Defendants shall ensure that a dentist provides dental care services for inmates with serious dental problems. Such services shall not be limited to extractions. Defendants shall develop a method of prioritizing requests for dental care.
61. 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.)
62. In all cases of inmates confined to the SCJ for nore than 7 days, the Defendants shall administer a PPD test for TB with results forwarded to the facility's physician. If the test is positive, the inmate shall be immediately scheduled for a chest x-ray, with appropriate medical care and attention including isolation to provided thereafter as indicated.
14

63. Defendants shall develop and implement policies and

procedures regarding HIV and AIDS in conjunction with the local

1

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

that all inmates receive structured

HIV education;

d) Defendants shall ensure that

inmates who are HIV+ and

symptomatic shall be housed in a

15

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 general population based on a case by case evaluation and decision by a physician. Asymptomatic persons with HIV+ shall be housed in general population unless they exhibit behavior that creates a risk of HIV transmission to other inmates or staff (e.g., rape, biting, throwing feces) or unless the HIV+ inmate is at risk of physical harm from other inmates; and e) any inmate who is HIV+ and has active Tuberculosis shall be segregated from all other inmates until such time that he or she is no longer infectious. None of the provisions set forth above shall affect inmates' rights under the American with Disabilities Act, 42 U.S.C. § 12101 et sea.
16

64. Defendants must require a licensed physician or pharmacist to review all medications inmates bring with the:* to the SCJ to insure that the prescription is currently valid and corresponds to the prescription label. In addition, the physician or pharmacist shall review therapeutic regimes and medical records and shall train officers in the delivery of medications. Defendants must develop a system to store individual medications that includes a master log of all innates with physician orders for prescriptions or over the counter medications. 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 (with use of a refusal form when medications are refused).
65. All SCJ officers must be trained in the side effects of frequently prescribed drugs and what actions to take if such side effects are noticed.
66. The Defendants shall provide special diets to inmates with medical conditions that require them.
67. The Defendants must ensure that essential prenatal care is provided.
68. Defendants must train and certify all personnel in Basic Life Support Cardiopulmonary Resuscitation (BLS-CPR) with re-certification on an annual basis.
17

69. Defendants shall develop and implement written policies for blood and bodily fluid spills, medical waste disposal, and outdated drug disposal.
70. Defendants shall establish and implement written procedures for a:detoxification program including adequate initial assessment of intoxication levels of inmates upon booking and access to medical supervision of an intoxicated inmate. Officers shall be adequately trained in such a detoxification program.
71. At no time shall trusties have access to medical records or control access to medical services.
72. No inmate shall be disciplined for or otherwise be discouraged from accessing the health care delivery system.
I. Suicide Prevention Measures and Special Needs Inmates 73. The Defendants shall not house a suicidal and/or mentally ill person in excess of forty-eight (48) hours, except for good cause shown. 74. The Defendants shall ensure that suicide prevention measures are in place at SCJ. To this end, the Defendants shall:
(a) lower the privacy partition in the detoxification cell;
(b) remove the cork bulletin board covering the observation window of the detoxification cell;
(c) purchase rescue equipment including, but not limited to, a
18

first aid kit, a 911 rescue tool, disposable gloves, and a CPR pocket mask; (d) screen all inmates for suicide risk and other special needs prior to their/admission to the SCJ. Such screening shall thoroughly assess a potential inmate's mental health and shall comport with current mental health professional and correctional standards; (e) provide training by a jail suicide prevention expert or a licensed mental health professional to all SCJ staff and Scott County Sheriff's Department officers who monitor or supervise 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
19

and critical periods for suicides and suicide attempts; (f) ensure that mace is never utilized on suicidal inmates; and (h) ensure that physical restraints are only used as a last resort, that they are used only for periods in which the inmate is engaged in self-destructive behavior, and that mental health staff is immediately notified when a decision has been made.to utilize physical restraints. 75. 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 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
20

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 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 relat-
ing to special needs inmates between and
21

among all SCJ staff members, between arresting and transporting officers and SCJ staff, between SCJ staff and SCJ administration and between SCJ staff and the special needs inmate; (d) the notification by SCJ staff to local or state mental health authorities that a special needs inmate (except intoxicated) has been admitted to the SCJ; (e) the notification to the special needs inmate's family (except those incarcerated for intoxication) that he or she has been admitted to the SCJ; (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 SCJ 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 SCJ staff will refer potentially
22

suicidal inmates and inmates who have

,

recently attempted suicide to mental

health care providers or facilities for
I

placement; (i) the documentation of all attempted and

completed suicides and notification to

SCJ administrators, outside authorities

and family members of all attempted and completed suicides; and (j) the establishment of follow-up and ad-

ministrative review procedures for all

attempted and completed suicides, including the determination of what change s , if any, are needed in the Suicide

{• .

Prevention Program.

I

J. Exercise and Recreation

76. 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

perr.it. 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. Indoor exercise

sessions may be held in the day rooms.

77. The Defendants shall remove the kennel from the

exercise yard and a jailer shall be positioned in the exercise

yard to supervise inmates during their exercise periods.

23 \

1 .

'

78. The Defendants have agreed to purchase appropriate exercise equipment for inmate use.
79. At their own expense, inmates may receive by mail direct from the publisher, and keep for a limited period of tine, a reasonable number of periodicals, newspapers, books and reading material, so long as .< such materials do not create a fire or security hazard.
K. Visitation and Outside Contact 80. The Defendants shall expand visitation hours to permit each inmate to receive at least one and a half hours (1-1/2) of visitation time per week, the time divided into two visitation periods. The visitation periods shall include one visitation period on a weekend day. 81. The Defendants shall make reasonable efforts to allow visitors from outside of the local area visitation time in situations where the visitor cannot easily travel to Forest, Mississippi and cannot visit during the regularly scheduled visitation hours. 82. 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. 83. 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
24

make reasonable efforts to provide adequate visitation between these persons.
L. Hvoiene and Personal Items 84. The Defendants shall 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 they are not otherwise available. All bed linen, towels, washcloths, inmate clothes and uniforms shall be cleaned at least once per week. 85. The Defendants shall provide each inmate with an adequate supply of soap, hair shampoo, toothbrushes, toothpaste, toilet paper, a comb, deodorant, and shaving equipment. 86. The Defendant shall ensure that female inmates are provided a reasonable supply of feminine hygiene supplies upon request. M. Access to Courts 87. 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. 88. The Defendants shall provide to every inmate, not more than forty-eight hours after their initial appearance, reasonable
25

telephone contact, free of charge, with the inmate's local attor-
ney.
89. 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.
90. 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 Mississippi, the Mississippi Supreme Court, and all local courts which have jurisdiction over inmates at the SCJ; 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 addresses and phone numbers of Scott County attorneys who practice criminal law; j. a complete listing of the holdings of the Jackson law library; k. five copies of this Order.
26

91. 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 keep the materials in a jail library to which inmates can be taken to use legal materials or allow inmates to request that materials be delivered to their cells. Inmate requests for access to legal materials shall be met promptly.
92. The Defendants shall develop and implement policies and procedures to provide inmates with access to the legal materials contained in the local law library. 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 per week. Such procedures shall ensure that inmates are provided sufficient time with the books for meaningful legal research. In the event that an inmate is facing a specific court deadline or statute of limitation, the Defendants shall make reasonable efforts to allow the inmate additional access to legal materials if it is requested.
N. Disciplinary System 93. The Defendants shall include the rules of the SCJ, with a complete list of possible punishments for violations thereof, in the inmate handbook. Written notice of any rules violation, a hearing before a SCJ officer not involved in the investigation of the rules violation and an appeal to the SCJ'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.
27

94. No corporal punishment shall be imposed on any innate

at the SCJ.

1

95. 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

96. Except where otherwise specifically indicated, the De-

fendants shall implement all provisions of this Order within

(120) one hundred and twenty days of the entry of this Order.

97. The Defendants shall submit quarterly compliance

reports to the United States and the Court, the first of which

shall be filed within (60) sixty days after the entry of the

Consent Decree. Thereafter, the reports shall be filed (15)

fifteen days after the termination of a quarter.

98. The compliance reports shall describe the actions that
i
Defendants have taken during the reporting period to implement

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 SCJ and the number of inmates in each

cell.

99. If Defendants fail to comply timely with the

requirement of this Order, the United States shall have the right

to seek additional relief from the Court.

28

100. All parties shall bear their own costs, including

attorney fees.

?

101. The Defendants shall maintain sufficient records to

i

*

document their compliance with all terms of this Order. Defen-

dants 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 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 SCJ, SCJ inmates, and SCJ staff, as

necessary to address issues affected by this Order.

102. The Defendants shall immediately explain the terms of

this Order to all persons responsible for implementing this

Order, including staff and Scott County Sheriff's Department

officers, in order to ensure their understanding of the recruire-

ments of this Order and the necessity for strict compliance

therewith. All SCJ staff members and other individuals providing

services required by this Order shall sign a statement indicating

that they have read and understand this Order; such statements

shall be retained by the Defendants. The Defendants shall re-

quire strict compliance with this Order by their respective em-

ployees, agents, assigns, or successors.

103. 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 in the

29

library and 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 SCJ is being operated under the terms and conditions of an Order entered by the United State's District Court for the Southern District of Mississippi, Jackson-Division and that upon request, any inmate shall be afforded a copy of the complete Order.
104. The Court shall retain jurisdiction in this case to ensure that the provisions and plans in this Order are fully implemented until one year after entry of this Order and upon a finding by the Court that the Defendants have fully and faithfully implemented 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

George L. Phillips, United States Attorney Southern District of Mississippi 188 East Capitol Street Suite 500 Jackson, MS 39201 (601) 234-3351
30

Iris Goidsclimidt 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—SCOTT COUNTY, SCOTT COUNTY BOARD OF SUPERVISORS, AND SCOTT COUNTY SHERIFF

Date: August /A-, 1994 It is hereby Ordered, the

Roy Np&le tee, Jr. ^ Scott County Attorney Lee & Lee 245 E. 2nd Street Forest, MS 39074 (601) 469-4216
day of

UNITED STATES DISTRICT JUDGE

31

 
 Oflhr uj lilt AMHIIIIII AlU:rm-\ General

Civil Riiihts Division
. DC. ;
MAY 3 1993

REGISTERED MAIL RETURN RECEIPT REQUESTED
Mr. Thomas Wagner President Scott County Board of Supervisors 100 Main Street, Courthouse Forest, MS 39074-0630
Re: Investigation of the Scott County Jail in Forest. Mississippi
Dear Mr. Wagner:
I am writing to inform you of our intention to investiaate conditions at the Scott County Jail ("SCJ") in Forest, Mississippi. The investigation is pursuant to the Civil Rights of Institutionalized Persons Act, 42 U.S.C. §1997-I997j (1982).
The purpose of the investigation will be to determine whether SCJ violates the constitutional rights of its inmates. The investigation will focus on, among other things, allegations concerning (1) security guard staffing, (2) conditions of confinement, (3) structural deficiencies, (4) classification of prisoners, (5) medical and mental health services, and (6) use of inmates to supervise other inmates. Initiating this investigation in no way evidences any prejudgment that SCJ 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. Scott Co.
JC-MS-015-001

- 2-
Federal Bureau of Investigation to visit and tour SCJ. We shall be in touch with your staff to work out the specifics of cur initial investigation.
Your cooperation in this matter is greatly appreciated.
Sincerely,
James P. Turner Acting Assistant Attorney General
Civil Rights Division
cc: Rick Clark, Esquire* Scott County Attorney
Mr. William S. Richardson Scott County Sheriff
George L. Phillips, Esquire United States Attorney Southern District State of Mississippi

 
 OJJice OJ I)K AiSlit.ir.l Al-.orn^ Qer.erd

Civil RiuhLs Division
H,:.J;,.|-.',.',. PC. 2K35

REGISTERED MAIL RETURN RECEIPT REQUESTED

OCT 8 1993

Mr. Thomas E. Wagner President Scott County Board of Supervisors 100 Main Street, Courthouse Forest, Mississippi 39047-0630
Re: Notice of Findings of Investigation, Scott County Detention Center

Dear"Mr. Wagner:

On May 3, 1993, we notified you of our intent to investigate

the Scott County Detention Center (hereinafter "Jail") pursuant

to the Civil Rights of Institutionalized Persons Act, 42 U.S.C.

§1997 et seq. 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, Dispatcher, and Jailer 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 the Jail are pretrial detainees or

persons not convicted of any crime." In general, inmates may not

be subjected to conditions that are incompatible with evolving

standards of decency or deprived of their basic human needs while

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

respect to the pretrial detainees, the Fourteenth Amendment

prohibits punishment of these persons and restrictive conditions

or practices that are not reasonably related to a legitimate

governmental objective such as ensuring the detainees' 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. , ill s. Ct. 2321 (1991); Rhodes v. Chapman,

U.S. v. Scott Co.

JC-MS-015-002

- 2-
452 U.S. 337 (1981). 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 three consultants (a penologist, a medical doctor, and a health and safety expert), toured the Jail on June 29, 1993. During the course of this tour, we interviewed the inmates and the Sheriff Department's staff, examined records maintained at the Jail, and evaluated other records provided by the Sheriff Department's personnel. Based on our investigation, we believe that certain conditions at the Jail violate the constitutional rights of the inmates confined there. These constitutionally violative conditions and the required minimum remedial measures that the Jail must implement are set forth below:
I. THE JAIL DOES NOT HAVE ADEQUATE SECURITY AND SUPERVISION
A. Staffing and Supervision. Severe understaffing jeopardizes the safety of inmates and the security of the facility. The Jail's single full-time jailer cannot ensure the safety of inmates or the security of the Jail. Although the Sheriff Department's dispatcher can observe several of the cells from the control room, he does not enter the cell areas or respond to problems which occur in the Jail. The Jail has difficulty dealing with inmates who present behavior problems.
Inmate trustees essentially run the Jail. Inmates are responsible for booking new prisoners, including taking custody of their personal property. The trustees do everything from distributing medications, supervising inmates in the drunk tank, supervising other inmates on "smoke breaks,1" to serving meal~s. They have access to the jail keys and have unfettered access to the women's cell. All inmates, including female inmates, depend on the trustees for their basic needs. We also observed an initiate trustee drive out of the Jail's grounds in a Sheriff's Department vehicle. The use of inmates in supervisory and jailer capacities and the lack of supervision of inmate trustees are extremely dangerous.
Significant security problems include: the improper use of the electrically controlled sally port doors which makes escape more likely; the failure to secure the control center/dispatch room; the lack of protective light fixture covers in the cells allowing inmates access to light bulbs which can be broken and used as weapons.
B. staff Training. Neither the jailer nor any of the dispatchers have been trained in jail operations. Only two of

- 3-
the dispatchers are currently certified in CPR. This lack of training jeopardizes the safety of the inmates and the overall security of the Jail.
C. Classification. Classification of inmates plays a major role in preventing escapes and in avoiding inmate-on-inmate violence. The Jail has no classification policy. Thus, weak and vulnerable individuals are mixed with aggressive, violent inmates, creating a situation which is dangerous.
D. The Drunk Tank. The window of the "drunk tank" has been covered, blocking observation of inmates confined there. Also, the 6 ft. high wall that surrounds the toilet presents a suicide hazard in that it affords an inmate the opportunity to jump from it as well as providing a "blind" area in the room.
' II. MEDICAL SERVICES. MENTAL HEALTH SERVICES, AND SUICIDE PREVENTION PROVISIONS ARE DEFICIENT
A. Medical Resources and Access to Medical Care. The Jail fails to screen incoming inmates for medical problems, communicable diseases, mental illness, suicidal ideation, or substance abuse. Jail personnel are not trained in evaluating screening information. Sick call procedures by which inmates gain access to medical treatment are deficient. Requests to see a physician are reviewed by jail officers who do not have any medical background or health training. Inmate trustees are assigned the responsibility of distributing medications and are not supervised as they carry out this function. None of the Jail staff that deal directly with inmates have medical related training or CPR certification. There are no procedures to ensure provision of essential prenatal care, treatment of communicable diseases, or follow-up care for serious medical conditions. These serious deficiencies compromise the delivery of adequate medical care to inmates.
B. Mental Health Services and Suicide Prevention. The facility has no arrangements with a mental health service provider to deal with emergencies. The Jail lacks suicide prevention policies and procedures and staff is not trained in suicide prevention. In addition to the previously described suicide hazards in the drunk tank, the door hinges on the Jail's cell doors provide a place to secure a ligature.
III. THE JAIL HAS SERIOUS ENVIRONMENTAL HEALTH AND SAFETY DEFICIENCIES
A. Environmental Sanitation. Several of the mattresses in the housing units were missing covers over the cotton stuffing and

- 4-

several mattresses and pillows were cracked through to the stuffing. These mattresses cannot be properly cleaned and they pose a risk of transmission of disease organisms. Head and body lice and fleas can hide in these torn mattresses. Additionally, the shower walls in the C Block were covered with soap scum. This soap scum protects and provides sustenance for organisms which cause skin diseases.

B. Plumbing. In several of the living units there was no hot
water in the sinks. Hot water is necessary for proper personal hygiene. On the other tand, the water in A Block and B Block was hot enough to scald inm .tes. .

C. Ventilation. The m >chanical ventilation in the cell housing

areas was inadequate to provide a minimum supply of fresh air and

to exhausting unclean a .r. There were no intakes for fresh air

in the mechanical room ind there were no filters in the air

handling equipment. Ai : only circulated to the cells when the

fan for the air conditioning system was operating; therefore,

tcheellrse.werIenatdieqmueastewhveenntn

> air was being circulated through
Llation increases the potential of

the

occurrence and progress Lon of infectious communicable diseases.

D. Food. The Jail ser r&s food at improper temperatures, which increases the likelihooi of spread of food-borne illnesses. Also, our medical consu Ltant indicated that the portions of food served at meals were so small that they did not appear to meet caloric needs of inmate

E. Hygiene Products, The Jail fails to provide women with feminine hygiene products as needed.

IV. INMATES ARE NOT AFFORDED ADEQUATE OPPORTUNITIES FOR ODT-OF-CELL EXERCISE

The Jail does not afford inmates the opportunity for out of cell exercise; rather, inmates are permitted to go outside for 10 minutes twice a day foi a trustee-supervised "smoke break."

V. INMATES' ACCES S TO LEGAL MATERIALS IS INADEQUATE.

Although the faci]ity has some law books, there is no system in place for providing inmates with access to these books.

MINIMUM REMEDIAL I ASURES

To rectify these c ificiencies at the Jail and to ensure that
constitutional conditions of confinement are achieved, the following minimum remedial measures must be implemented:

- 5-
I. Security and Supervision.
1. Hire five full-time jailers- (8 hour shifts) immediately. A female officer must be available on each shift when the Jail houses female inmates. A minimum of one officer per shift must be stationed in the Jail at all times. The Jail must cease using trustees to run the facility.
2. Require jailers to complete a basic training course for jailers. Additionally, the jailers must be trained in recognizing the signs of mental illness and suicidal tendencies.
3. Develop and implement a classification plan that is appropriate for the Jail's inmate profile and physical plant.
4. Eliminate suicide and injury hazards in the drunk tank.
II. Medical and Mental Health Services and Suicide Prevention.
1. Remove inmate trustees from all health care responsibilities, including medication administration and sick call. Medication must be distributed by a health professional or a corrections staff person who has received training in medication administration and recognition of side-effects of drugs commonly used at the Jail.
2. Screen new inmates for medical problems, Tuberculosis and other communicable diseases, substance abuse, mental illness, and suicidal ideation. This screening must be documented and must be performed by a health care professional or an appropriately trained corrections officer.
3. Establish a sick call procedure that ensures that requests for treatment are reviewed in a timely manner by a person trained to evaluate such requests and that the granting or denial of treatment is documented in writing.
4. Ensure 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.
5. Ensure that inmates have access to mental health care for serious mental health problems and to crisis intervention services, as needed.
6. Provide correctional officers with appropriate suicide prevention training; ensure that inmates at risk of suicide are

- 6-

frequently and regularly observed and that such observations are recorded in writing; and develop and implement written policies and procedures regarding suicide prevention.

7. Require at least one correctional officer on each shift to be trained in Basic Life Support Cardiopulmonary Resuscitation with re-certification required on a regular basis.

8. Purchase appropriate rescue equipment (e.g., a rescue tool for cutting fibrous material, disposable rubber gloves and a CPR pocket mask), to ensure that staff can effectively intervene if an inmate attempts suicide or has cardiac arrest.

III. Environmental Health and Safety.

1. Replace torn mattresses and ensure that the showers in the housing units are clean.

2. Repair and properly maintain the plumbing in the facility. Ensure that there is proper supply of water in all housing areas and that the proper water temperature is maintained.

3. Provide adequate ventilation in the living areas.

4. Ensure that the food is served at appropriate temperatures and that meals are nutritionally adequate.

IV. Opportunity for Out-of-Cell Exercise.

Afford inmates outdoor (weather permitting), supervised

exercise a minimum of one hour, five times per week.

v

'

V. Access to Legal Materials.

Provide inmates with adequate 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 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 natter in a reasonable and expeditious manner. If you or any member of your

"7 _
staff have any questions, please feel free to contact Iris Goldschmidt, Trial Attorney, Special Litigation Section, at (202) 514-6264.
Sincerely,
/O nz
' James P. Turner Acting Assistant Attorney General
Civil Rights Division
cc: Mr. William S. Richardson Sheriff Scott County
Roy Noble Lee, Jr., Esq. Scott County Attorney
George Phillips, Esq. United States Attorney Southern District State of Mississippi

 
 U.S. v. Scott Co. JC-MS-015-003

IN THE UNITED STATES DISTRICT COURT OR THE SOUTHERN DISTRICT OF MISSISSIPPI
JACKSON DIVISION

UNITED STATES OF AMERICA,

)

)

Plaintiff,

)

)

v.

)

)

SCOTT COUNTY, MISSISSIPPI;

)

WILLIAM RICHARDSON, Sheriff of

)

Scott County, in his official

)

capacity; JOHNNY DAVID OWENS,

)

President of the Scott County

)

Board of Supervisors, in his

)

official capacity; THOMAS EDWARD )

WAGGONER, w". J. MEASELS, STEPHEN B. )

LEE, and BUFORD PALMER, members

)

of the Scott County Board of

)

Supervisors, in their official

)

caoacities,

)

)

Defendants.

)

Civil Rights No

COMPLAINT THE UNITED STATES OF AMERICA, Plaintiff, alleges that:
1. This complaint is filed by the Attorney General or. behalf of the United States of America pursuant to the Civil Rights of Institutionalized Persons Act of 1930, 42 U.S.C. §1997 et sea., to enjoin the named Defendants from depriving persons incarcerated at the Scott County Jail in Forest, Mississippi, of

rights, privileges or immunities secured or protected by the United States Constitution.
JURISDICTION, STANDING, AND VSNUE 2. This Court has jurisdiction over this action ur.der 2B U.S.C. §134 5. 3. The United States has standing to initiate this action pursuant to 42 U.S.C. §19S7a. 4. Venue in the Southern District of Mississippi is proper pursuant to 25 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 Scott County, Mississippi, owns and operates the facility at issue in this action. Scott County is responsible for the conditions of confinement and treatment of persons detained or incarcerated in the Scott County Jail. 7. Defendant William Richardson, sued in his official capacity, is the Sheriff of Scott County, and is charged by state law with responsibility for the general supervision and control of the Scott 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.
- 2-

8. Defendant Johnny David Owens is sued in his official capacity as the President of the Scott County Board of Supervisors. Defendants Thomas Edward Waggoner, W. J. Measels, Stephen B.- Lee, and Buford Palmer are sued in their official capacities as -.embers of the Scott County Board of Supervisors. Under Mississippi law.1, the Scott County Board of Supervisors has the authority co appropriate monies in the Scott County treasury and the responsibility to keep the Scott County Jail in good repair. The Board also has the obligation under Mississippi law to make contracts and plan for a new jail, if needed, and to ensure the'completion of any needed remodeling, enlarging or repairing of the existing facility.
9. Defendants are legally responsible, in whole or in part, for the operation of the Scott County Jail, for the conditions there and the health and safety of persons detained or incarcerated therein.
10. At all relevant times, the Defendants or their predecessors in office have acted or failed to act, as alleged herein, under color of state law.
FACTUAL ALLEGATIONS 11. The Scott County Jail is an "institution" within the meaning of 42 U.S.C. §1997(1). 12. Persons confined in the Scott County Jail include men and women, pre-trial detainees, misdemeanants, felons, and persons confined pursuant to Mississippi law.
3

13. Defendants have failed to provide persons confined at the Scott County Jail adequate medical care by, inter alia, failing to provide adequate medical screening of inmates at intake, failing to provide inmates with adequate 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 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 Scott County Jail to unsanitary and unsafe conditions. Defendants have subjected inmates to unsanitary conditions and practices with respect to, inter alia, hygiene, plumbing, ventilation, and food.
16. The Defendants have failed to protect the inmates in the facility from undue risk of fires.
17. The Defendants have failed to protect inmates at the Scott County Jail from physical harm by, inter alia, failing to provide adequate security and supervision, adequate staffing, an adequate classification system, 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 at the Scott County Jail adequate access to the courts.

19. The Defendants have failed to provide inmates with adequate opportunity for out-of-cell exercise.
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 Scott- 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 Scott 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 emolovees, 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 Scott County Jail. The United States further prays that this Court grant such
5 -

other and further equitable relief as it may deem just and proper.
Respectfully submitted,
JANET/RENO Attorney General of the United States
DEVAITL. PATRICK Assistant Attorney General Civil Rights Division
GEORGE L. PHILLIPS United States Attorney Southern District State of Mississippi
ARTHUR E. PEABODY, <&?.. Chief Special Litigation Section
A
IRIS GOLDSCHMIDT Trial Attorney U.S. Department of Justice Civil Rights Division Special Litigation Sectior. Post Office Box 66400 Washington, "D.C. 20 03 5 (202) 514-S2S4
- 6-

 
 ©ffire of the Attorney
®ashmgton,13.(£. 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. Scott 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), ray belief that this action by the United States is of general public importance and will materially further the vindication of rights, privileges or immunities secured or protected by the Constitution of the United States.

In addition, I certify that I have the "reasonable cause to believe" set forth in 42 U.S.C. §1997a to initiate this action. Finally, I certify that all prerequisites to the initiation of this suit under 42 U.S.C. §1997 et. sea. 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 t h i s Washington, D.C.

day of

19 94, at

JANET RENO Attorney General
of the United States

U.S. v. Scott County
I ••WBH • • • • H H i g HH H • • • • • •
JC-MS-015-005

 
 CM/ECF LIVE - U.S. District Court: Mississippi Southern District - Docket Report

Page 1 of 3

U.S. District Court Southern District of Mississippi (Jackson) CIVIL DOCKET FOR CASE #: 3:94-cv-00566-HTW

CLOSED, JCS

United States v. Scott County, et al Assigned to: District Judge Henry T. Wingate Demand: $0 Cause: 28:1345 USA Plaintiff

Date Filed: 09/19/1994 Jury Demand: None Nature of Suit: 440 Civil Rights: Other Jurisdiction: U.S. Government Plaintiff

Plaintiff United States of America

represented by Daniel E. Lynn U.S. ATTORNEY'S OFFICE One Jackson Place 188 E. Capitol, Suite 500 Jackson, MS 39201 (601) 965-4480 LEAD ATTORNEY ATTORNEY TO BE NOTICED

V. Defendant Scott County, Mississippi
Defendant William Richardson Sheriff of Scott County, in his Official Capacity
Defendant Johnny David Owens President of the Scott County Board of Supervisors, in his official capacity
Defendant Thomas Edward Waggoner Member of the Scott County Board of Supervisors, in their official capacities

represented by Roy Noble Lee, Jr. LEE & LEE P. O. Box 370 Forest, MS 39074 (601) 469-2721 LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Roy Noble Lee, Jr. (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Roy Noble Lee, Jr. (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Roy Noble Lee, Jr. (See above for address) LEAD ATTORNEY

https://ecf.mssd.uscourts.gov/cgi-bin/DktRpt.pl?928816933958449-L_280_0-1

5/24/2005

CM/ECF LIVE - U.S. District Court: Mississippi Southern District - Docket Report

Page 2 of 3

Defendant W. J. Measels, Jr. Member of the Scott County Board of Supervisors, in their official capacities
Defendant Stephen B. Lee
Defendant Buford Palmer, Jr. Member of the Scott County Board of Supervisors, in their official capacities

ATTORNEY TO BE NOTICED
represented by Roy Noble Lee, Jr. (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Roy Noble Lee, Jr. (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Roy Noble Lee, Jr. (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Date Filed 09/19/1994 09/19/1994 09/19/1994 09/19/1994 11/18/1994 03/03/1995 06/19/1995 10/10/1995 09/09/1996 08/27/1999 09/08/1999

#

Docket Text

1 COMPLAINT (an) (Entered: 09/20/1994)

Magistrate Judge Assignment, James C. Sumner (an) (Entered: 09/20/1994)

2 CONSENT JUDGMENT ( signed by Judge Henry T. Wingate ); copies mailed. (an) (Entered: 09/20/1994)

Case closed (an) (Entered: 09/20/1994)

3 Complaince Report (cwl) (Entered: 11/18/1994)

4 First Quarterly Report by Scott County pursuant to Consent Order. (cwl) (Entered: 03/03/1995)

5 Scott County Second Quarterly Compliance Report (cwl) (Entered: 06/19/1995)

6 Third Quarterly Compliance Report by Scott County, with attachments. (cwl) (Entered: 10/10/1995)

7 REPORT TO THE COURT by defendant Scott County (fe) (Entered: 09/10/1996)

8 JOINT MOTION by plaintiff United States, defendant Scott County to terminate Consent Order and Dismiss action (lwe) (Entered: 08/27/1999)

9 ORDER granting [8-1] joint motion to terminate Consent Order and Dismiss action. Ordered that this Court terminates the Consent Decree and dismisses this action. The jurisdiction of the Court is hereby

https://ecf.mssd.uscourts.gov/cgi-bin/DktRpt.pl?928816933958449-L_280_0-1

5/24/2005

CM/ECF LIVE - U.S. District Court: Mississippi Southern District - Docket Report

Page 3 of 3

terminated. ( signed by Judge Henry T. Wingate ); copies mailed. (cwl) (Entered: 09/08/1999)

PACER Service Center
Transaction Receipt

05/24/2005 10:10:46

PACER Login: hs0328

Client Code:

Description: Docket Report Search Criteria: 3:94-cv-00566-HTW

Billable Pages: 1

Cost:

0.08

https://ecf.mssd.uscourts.gov/cgi-bin/DktRpt.pl?928816933958449-L_280_0-1

5/24/2005