U.S. v. Forest City

JC-MS-009-003 IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF MISSISSIPPI
JACKSON DIVISION

UNITED STATES OF AMERICA,

)

Plaintiff,

)

v.

" )

)

CITY OF FOREST, MISSISSIPPI;

)

FRED L. GADDIS, Mayor, City of

)

Forest, in his official capacity, )

HIRAM RICHARDSON, Chief of Police, )

City of Forest, in his official

)

capacity; R. L. "BOB" STRINGER,

)

H.C. WARREN, JAMES C. CLARK,

)

BILLY FRANK ALFORD, and NANCY

)

CHAMBERS, City of Forest

)

Councilmen, in their official

)

capacities,

)

Defendants.

)

Civil Rights No.

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

^?;>r:?:c~cs^?r~~:-'-,-^.^

JURISDICTION. STANDING. AND VENUE 2. This Court has jurisdiction over this action under 28 U.S.C. §1345. 3. The United States has standing to initiate this action pursuant to 42 U.S.C. §1997a. 4. Venue in the Southern 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 4 2 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 Forest, Mississippi, owns and operates the jail facility at issue in this action. The City of Forest is responsible for the conditions of confinement and treatment of the persons detained or incarcerated in the Forest City Jail. 7. Defendant Chief of Police Hiram Richardson, sued in his official capacity, is charged under local law with responsibility for the general supervision and control of the City of Forest 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.
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8. Defendant Fred L. Gaddis, is sued in his official capacity as Mayor of the City of Forest. Pursuant to local lav, the Mayor has responsibility as the chief executive officer for the City of Forest. Defendants R.L. "Bob" Stringer, K.C. Warren, James C. Clark, Billy Frank Alford, and Nancy Chambers are sued in their official capacities as members of the City of Forest Council. By State and local law, the City of Forest Council has the authority to appropriate monies in the City treasury and the responsibility to keep the City Jail in good repair.
9. Defendants are legally responsible, in whole or in part, for the operation of the City of Forest Jail, its conditions of confinement, and the health and safety of persons detained or incarcerated therein."
FACTUAL ALLEGATIONS 10. The City of Forest Jail is an "institution" within the meaning of 42 U.S.C. §1997(1). 11. Persons confined in the Forest City Jail have included men and women, pre-trial detainees, misdemeanants (pre-trial and sentenced), felons, and juveniles. 12. Defendants have failed to provide persons confined in the City of Forest Jail adequate medical care by, inter alia, failing to provide adequate medical screening of inmates at intake (including for Tuberculosis and other communicable diseases), failing to provide adequate sick call procedures, failing to provide inmates with routine, follow-up, and emergency
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care, and failing to implement an adequate medication distribution system.
13. Defendants have failed to provide adequate mental health care services by, inter alia, failing to provide mental health screening upon entry to the jail, failing to provide adequate access to mental health care professionals, and failing to implement suicide prevention measures.
14. The Defendants have subjected inmates at the City of Forest Jail to unsanitary and unsafe conditions. Defendants have subjected inmates to unsanitary conditions and practices with respect to, inter alia, food services, bedding and hygiene, ventilation, plumbing, lighting, and general sanitation at the Jail.
15. The Defendants have failed to provide inmates at the City of Forest Jail with an environment that is adequately fire safe.
16. The Defendants have failed to provide inmates at the City of Forest Jail with adequate protection from harm by, inter alia, failing to provide adequate security and supervision, sufficient numbers of staff, adequate staff training, and appropriate policies and procedures to safely operate the Jail. Such deficiencies endanger the lives of persons incarcerated or detained in the Jail.
17. The Defendants have failed to provide inmates with adequate opportunity for out-of-cell/exercise time.
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18. The Defendants have failed to provide inmates at the City of Forest Jail with adequate opportunity and accommodation for visitation with attorneys.
19. The Defendants have inappropriately housed juveniles at the City of Forest Jail.
VIOLATIONS ALLEGED 20. The acts, practices and omissions of Defendants alleged in each of paragraphs 12 through -19 violate rights of persons confined at the Forest City Jail that 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, et. seq. to seek equitable relief. 22. Unless restrained by this Court, persons confined at the City of Forest 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, theix officers, agents, employees, subordinates, successors in office, and all those acting in concert or participation with them from continuing the acts, omissions and practices set forth herein and to require Defendants to take such actions as will provide constitutional conditions of confinement to inmates at the City of Forest Jail.
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The United States further prays that this Court grant such other and further equitable relief as it may deem just and proper.
Respectfully submitted,

JANEj^RENO Attorney General of
X United States

DEVAL L. TATRICI Assistant Attorney General Civil Rights Division

GEORGE L. PHILLIPS United States Attorney Southern District State of Mississippi

ARTHUR E. PEABODY ,j/JA
Chief Civil Rights Division Special Litigation Section

TIMOTHY R./PAYNE

v

Senior Trial Attorney

U.S. Department of Justice

Civil Rights Division

Special Litigation Section

Post Office Box 66400

Washington, D.C. 20035

(202) 514-6441

 
 U.S. v. Forest City

7 I V . J " " ••••• ••••• ••••
JC-MS-009-005
IN THE UNITED STATES DISTRICT COUR1

OH MISSISSIPPI
F I Lt D
i. ••' ! 5 1994

FOR THE SOUTHERN DISTRICT OF M I S S I S S l ^ f c ^ ^ _

JACKSON DIVISION

UNITED STATES OF AMERICA, Plaintiff,
v. CITY OF FOREST, MISSISSIPPI, et al.,
Defendants.

Civil AG±d.on No. 3:94-cv-

CONSENT DECREE

TABLE OF CONTENTS

I. DEFINITIONS

II. BACKGROUND

III. SUBSTANTIVE PROVISIONS

A. Security and Supervision

B. Out-of-cell/Exercise Time

C. Attorney Visitation

D. Medical Care

'

E. Mental Health Care/Suicide Prevention

F. Environmental Health and Safety

G. Fire Safety

IV. TIMING OF COMPLIANCE

V. GENERAL PROVISIONS

3 3-4 4-13 4-6
6 6 6-7 8-11 11-13 13 13-14 14-15

I. DEFINITIONS 1. "Plaintiff" shall refer to the United States of America. 2. "Defendants" shall refer to the City of Forest, Mississippi, the Chief of Police of Forest, the Jail Administrator or Chief Correctional Officer of the Forest City Jail, the Mayor of Forest, and the Forest City Council members, and their agents and successors in office. 3. "The acronym "FCJ" shall refer to the Forest City Jail. 4. The term "jailors" shall refer to the correctional officers employed by the City at the City Jail. 5. The term "inmate" or "inmates" shall refer to one or more individuals sentenced to, incarcerated in, detained at, or otherwise confined at the Forest City Jail. The term "special needs inmate" shall refer to those inmates who are suicidal, mentally ill, mentally retarded, under the influence of alcohol or other substance, or otherwise a danger to themselves or others. II. BACKGROUND 6. On May 3, 1993, pursuant to its authority under the Civil Rights of Institutionalized Persons Act (CRIPA), 42 U.S.C. § 1997 et seq., the United States formally notified City of Forest officials of its intent to investigate conditions of confinement at the Forest City Jail. 7. On June 28 and 29, 1993, also pursuant to CRIPA, the United States toured FCJ with expert consultants in the field of
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penology, correctional medical care, and environmental health and safety. On September 9, 1993, the United States issued a report/findings letter based on its investigation and expert tour which found that conditions at FCJ violate inmates1 constitutional rights.
8. The parties to this Decree recognize the constitutional rights of the inmates confined at FCJ. In order to avoids litigation concerning the constitutionality of the care and confinement of inmates at FCJ, the parties agree to the provisions set forth in this Consent Decree.
III. SUBSTANTIVE PROVISIONS A. Security and Supervision.
Defendants shall provide a safe and secure living environment to all inmates housed at FCJ. To this end, Defendants shall undertake corrective measures in each of the following areas.
9. Inmate supervision. To ensure adequate inmate supervision is maintained at FCJ, Defendants shall ensure that: (a) there is at least one (1) dispatcher on duty on each shift seven days a week; (b) to supplement the dispatcher's presence at the jail and other officers who may be on duty, a city police officer shall visit the jail at least once an hour to conduct security checks inside the main inmate housing unit and in other occupied cell areas; (c) each hourly security check by the officer shall be documented; (d) whenever female inmates are housed at FCJ, a female officer or dispatcher shall be present at
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all times to provide female inmate supervision; and (e) no convicted felons, nor pretrial felons for whom there is good cause to believe present a danger to the facility, shall be confined at the jail. In addition, Defendants agree to hire such additional security staff as may be necessary to fully comply with the requirements of this order at the jail during peak periods of use.
10. Staff training. To ensure a safe and secure facility, Defendants shall implement a comprehensive jail officer training program, to include at minimum 80 hours of orientation training to newly hired officers who will provide supervision at FCJ (which training shall be provided as soon as possible to the time of the employment of the officer), and an additional 40 hours of in-service training each year thereafter. Such program shall entail, at minimum, training in the following areas: security and search procedures, use of force regulations and tactics, supervision of inmates, report writing, inmate and staff rules and regulations, rights and responsibilities of inmates, all emergency procedures, interpersonal relations, social/cultural life styles of the inmate population, communication skills, and training in first aid and the use of CPR, and training in HIV+ related issues.
11. Policies and procedures. Defendants shall develop and implement comprehensive policies and procedures for operation of FCJ consistent with professional standards. The policies and procedures shall be specifically tailored to the FCJ facility and
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its operations. Such policies shall specifically include procedures for medical services, including procedures regarding HIV and AIDS related issues developed in conjunction with a physician or the local health department to provide for, inter alia, appropriate housing, treatment and counseling of HIV+ inmates.
12. Housing of juveniles. Defendants shall not house juveniles at the FCJ facility.
B. Out-of-cell/Exercise Time 13. Defendants shall ensure all inmates are afforded at least one (1) hour a day, five (5) days a week, out-of-cell time for the purpose of exercise. Such exercise time shall be provided outdoors, unless prohibited by inclement weather. To accomplish this requirement, Defendants shall construct an outdoor, fenced-in exercise area connected to the back, outer wall of the jail, which shall provide open space for inmates of no less than 100 square feet.
C. Attorney Visitation 14. Defendants shall provide inmates with unrestricted opportunity for inmate/attorney visitation in a secure, private room suitable for such visitation.
D. Medical Care To ensure adequate medical care is provided to inmates housed at FCJ, Defendants have determined that they shall provide medical attention and services in accord with currently accepted correctional health care standards. To this end, Defendants
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shall undertake corrective measures in each of the following areas.
15. Screening. Defendants shall ensure all inmates upon intake are medically screened, utilizing a standard medical screening form, by appropriately trained staff and that all screening forms indicating a medical condition are reviewed by a qualified medical professional and become part of the inmate's medical record.
16." Sick call. Defendants shall ensure that sick call for FCJ inmates is regularly scheduled and conducted by a physician or RN at least once a week. In the event of medical emergencies, i.e.. where an inmate expresses a need to be examined by a medical professional immediately, Defendants shall either have the inmate immediately examined by a medical professional at the jail, or shall immediately transport the inmate to a nearby hospital.
17. Medication administration. Defendants shall ensure that all officers who administer prescription medications to inmates are appropriately trained in medication distribution and in the observance and recognition of harmful side effects.
18. Tuberculosis (TB) and other communicable diseases. In all cases of inmates confined at FCJ for seven days or more, Defendants shall commence a current practice of administering a PPD test for TB with the results of the test forwarded immediately to a medical professional. If the test result is positive, the inmate shall be immediately scheduled for a chest
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x-ray, with appropriate medical care and attention including isolation to be provided thereafter as indicated. Defendants shall also conduct historical screening for other communicable diseases during the inmate intake process.
E. Mental Health Care/Suicide Prevention Defendants shall provide adequate mental health services and suicide prevention services to FCJ inmates. To this end, Defendants shall undertake correptive measures in each of the following areas. 19. Mental Health Screening. Defendants shall revise its medical screening form to include sufficient inquiry and assessment regarding mental illness and potential risk of suicide in accordance with professional standards. The mental health and suicide risk portion of the screening questionnaire shall be administered by medically trained staff and reviewed by qualified medical or mental health personnel. 20. Mental health consultation/evaluation. For inmates identified as mentally ill or in need of mental health treatment, Defendants shall enter into a formal arrangement with a local mental health professional and/or agency to provide on-call consultation, evaluation, and crisis intervention services, and shall ensure appropriate suicide precautionary measures and inmate treatment and observation are provided per the mental health professional's evaluation. 21. Suicide Prevention Program. Defendants shall develop and implement written policies and procedures on suicide
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prevention and the treatment of special needs inmates, which shall include, but not be limited to, the following:
a) the appropriate housing of all special needs inmates; b) the establishment of two levels of supervision of special needs inmates — "constant watch" and "close watch". Special needs inmates not identified as currently suicidal shall be assigned to "close watch" supervision and visually monitored by FCJ staff at regular intervals of not more than fifteen minutes; special needs inmates who are currently suicidal shall be assigned to "constant watch" supervision and, if not transferred to a local hospital, shall be housed in a medical unit or other appropriately safe environment, and shall be visually monitored at all times by a jail officer. Jail officers shall log all monitoring in a separate suicide watch book. c) the communication of information relating to special needs inmates between and among all FCJ staff members, between arresting and transporting officers and FCJ staff, between FCJ staff and jail administration, and between FCJ staff and the special needs inmate; d) the notification by FCJ staff to local or state mental health authorities that a special needs inmate (except intoxicated) has been admitted to the
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Jail; e) the notification to the special needs inmate's family (except those inmates incarcerated for intoxication) that he or she has been admitted to FCJ; 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 FCJ 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 FCJ 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 jail 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;
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22. Staff training. As part of the jail officer training program required by Section A., subpart 10, herein, Defendants shall ensure that each officer is adequately trained in recognizing common symptoms of mental illness, mental retardation, and suicidal behavior, and is trained in suicide prevention measures. Specifically, Defendants shall provide each officer with suicide prevention training by a jail suicide prevention expert or a qualified-mental health professional to include, but not be limited to, the proper officer 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 regarding highrisk groups and periods for suicides and suicide attempts.
23. Suicide prevention equipment. Defendants shall purchase and maintain in an area easily accessible to the cellblock appropriate rescue equipment, i.e.. a rescue tool for rapid cutting of fibrous materials utilized in attempted hangings, disposable rubber gloves, a CPR pocket mask, and any other equipment Defendants deem appropriate, to ensure that staff can effectively intervene in the event of attempted suicide.
F. Environmental Health & Safety. Defendants shall provide FCJ inmates with adequate food, clothing and shelter. To this end, Defendants shall undertake corrective measures in the following areas. 24. General sanitation. Defendants shall maintain the jail in a clean and sanitary manner. Defendants shall continue to
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ensure all inmates are provided sufficient supplies with which to keep their cells clean.
25. Hygiene. Defendants shall provide all inmates with clean linen and bedding supplies, and ensure inmates are provided a clean exchange of such supplies on a weekly basis. Defendants shall also provide all inmates with personal hygiene supplies to include provision to each inmate of soap, toothpaste, toothbrush, toilet paper, and shaving equipment, and the hygienic supplies needed by female inmates.
26. Food service. Defendants shall continue to ensure all inmates receive three (3) meals a day. All meals shall be nutritionally adequate, as determined and so documented by a certified dietician. Further, Defendants shall ensure that food is served to the inmates at appropriate temperatures, i.e.. hot food at no less than 140 degrees fahrenheit, and cold food at no more than 45 degrees fahrenheit.
27. Lighting. Defendants shall provide adequate lighting, i.e., lighting measuring at a level of no less than 2 0 footcandles, in all inmate living areas.
28. Ventilation. Defendants shall ensure adequate ventilation is maintained in all inmate living areas.
29. Plumbing. Defendants shall repair or replace all defective plumbing at FCJ and thereafter maintain the plumbing so as to ensure safe distribution of potable water and the proper removal of waste and waste water within the cell housing areas.
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G. Fire safety. 30. Defendants shall ensure FCJ is maintained in an adequately fire safe condition. To this end, Defendants shall ensure that:
(i) evacuation plans are strategically posted throughout the jail; (ii) staff is trained in fire suppression and evacuation procedures;• (iii) all smoke detectors are functional; (iv) all emergency lighting is functional; (v) all fire extinguishers are routinely checked and serviced; (vi) all mattresses are fire retardant, i.e., made of material that is adequately fire safe; (vii) a secure, fire safe area is provided for inmate evacuation; (viii) fire drills are conducted on a regular basis, i.e., at least once every six months; (ix) the local fire department shall conduct annual inspections, and Defendants shall implement resulting recommendations. IV. TIMING OF COMPLIANCE 31. Except where otherwise specifically indicated, the Defendants shall implement all provisions of this Order by no later than April 1, 1995.
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32. The Defendants shall, every 90 days following the signing of this Order, file with the Court ana with copy to the United States a status report stating how the Defendants are complying with each requirement of this Order.
33. If Defendants fail to timely comply with the requirements of this Order, the United States shall have the right to seek additional relief from the Court.
V. GENERAL PROVISIONS 34. During all times while the Court maintains jurisdiction over this action, the United States shall have unrestricted access to copies of all documents, records and recordings which relate to the implementation of this Order, and to all staff and facilities as necessary to address issues affected by this Order. 35. The Defendants shall immediately explain the terms of this Order to all persons connected with FCJ, including FCJ staff and Police Chief's deputies, in order to ensure that they understand the requirements of this Order and the necessity for its strict compliance. All FCJ staff members and other individuals providing services required by this Order shall sign a statement indicating that they have read and understood this Order. Such statement shall be retained by the Defendants. The Defendants shall require strict compliance with this Order by their respective employees, agencies, assigns, or successors. 36. The parties contemplate that at such time the Defendants have achieved compliance with the terras and objectives of this Order, and have maintained such compliance for a
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sustained period of one year or more, the parties shall jointly move this Court to vacate this Order and to terminate the Court's jurisdiction over this action. Should Defendants believe that substantial compliance with the terms and objectives of this Order have been accomplished at any time before this date, Defendants may unilaterally move this Court for termination of this litigation. Defendants shall bear the burden regarding any such unilateral motion to demonstrate by full and convincing evidence that Defendants have complied with all terms of this, decree.
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Agreed to by:

COUNSEL FOR UNITED STATES:

Date:

, 1994

GEORGE L. PHILLIPS United States Attorney Southern District of
Mississippi

DEVAL L. PATRICK Assistant Attorney General Civil Rights Division
ARTHUR E . PEABODY^f/jJ-R. Chief Special Litigation Section
TIMOTHY R>-PAYNE <•' Attorney U.S. Department of Justice Civil Rights Division Special Litigation Section Post Office Box 66400 Washington, D.c. 20035 (202) 514-6441

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COUNSEL FOR DEFI>7DANTS-CITY OF FOREST CITY OF FOREST MAYOR AND CITY COUNCIL:

Date : /-Vv«{, 5 r > ?

, 1994

THOMAS D. LEE MS BAR NO. 1169 ATTORNEY FOR CITY OF FOREST LEE & LEE ATTORNEYS AT LAW POST OFFICE BOX 3 70 FOREST, MS 3 9074 (601) 469-2721

It is hereby Ordered, this the 1994.

day of

UNITED STATES DISTRICT JUDGE

 
 .. ¥^
Office of iht• Aisistiiiu Ar:,TVC- C?".?rnl

U.S. Department of Justice Civil Rights Division
UUshiii);i,»i. B.C. ZOOS:
MAY 3 i^33

REGISTERED MAIL RETURN RECEIPT REQUESTED
The Honorable Fred L. Gaddis Mayor 120 South Davis Street Forest, MS 39074
Re: Investigation of the Forest City Jail in Forest, Mississippi
Dear Mayor Gaddis:
I an writing to inform you of our intention to investigate conditions at the Forest City Jail ("FCJ") in Forest, Mississippi. The investigation is pursuant to the Civil Rights of Institutionalized Persons Act, 42 U.S.C. §1997-1997j (1982).
The purpose of the investigation will be to determine whether FCJ violates the constitutional rights of its inr.ates. 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, (6) use of inmates to supervise other inmates, and (7) structural defects, especially with regard to suicide prevention. Initiating this investigation in no way evidences any prejudgment that FCJ 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 tc arrange for our attorneys, consultants, and perhaps agents of thi
U.S. v. Forest City
JC-MS-009-0CT

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Federal Bureau of Investigation to visit and tour FCJ. v.'e sr.all be in touch v/ith your staff to work out the specifics of cur initial investigation.
Your cooperation in this matter is greatly appreciated.
'•James P. Turner Acting Assistant Attorney Ger.eral
Civil Rights Division
cc: Mr. Jar.ie Veazey Chief of Police City of Forest
Thomas D. Lee, Esquire Forest City Attorney
George L. Phillips, Esquire United States Attorney Southern District State cf Mississippi

 
 U.S. Department ui Civil Rights Division

of the Ay<is:r.r.i A:<,-n:* C - v ^ <

UoMn^'n. DC. 2.XK5

SEP
REGISTERED M^.IL RETURN RECEIPT REQUESTED
The Honorable Fred L. Gaddis Mayor Forest City 120 South Davis St. Forest, Mississippi 39074
Re: Notice of Findings of Investigation, Forest City Jail

y (993

Dear Mayor Gaddis:

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

the Forest City Jail (hereinafter "Jail") pursuant to the Civil

Rights of Institutionalized Persons Act, 42 U.S.C. Section 1997

et seq. Consistent with statutory requirements, we are now

writing to advise you of the findings of this investigation.

Throughout the course of this investigation, City officials,

including the Chief of Police, City Attorney, and jail personnel,

provided us with substantial assistance and their full

cooperation. Our consultants expressed appreciation for this

assistance, and we wish to join them infthanking you for your

cooperation.

.

•

t

In making our findings, we recognize that the Forest City

Jail essentially only confines inmates who are pretrial

detainees. 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 pretrial detainees, the Fourteenth Amendment prohibits

punishment of these persons or any restrictive condition or

practice which is not reasonably related to a legitimate

governmental objective such as safety, order or security. Bell

v. Wolfish. 441 U.S. 520 (1979). For any inmates confined at

this facility who are 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, 452 U.S. 337 (1981). When

convicted prisoners are not, as here, separated from pretrial

detainees, the Fourteenth Amendment standard applies to all

inmates.

U.S. v. Forest City

^ ™

VH

••

•• ^ g

JC-MS-009-002

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Based en cur investigation, v/e believe that conditions at the jail violate the constitutional rights of the prisoners confined therein. These conditions "are:
I. Security and Supervision
1. Staffing and supervision. The lack of adequate staffing and inmate supervision at the Jail present a danger to the safety of the inmates. The Jail staff consists of four dispatchers/jailers who are usually seated in the dispatch room. These dispatchers/jailers, who can see what is going on in the dayroom of the main housing unit but little more, never enter the main housing area. Instead, if any problem occurs and there is a need to enter the area, the dispatcher Bust summon a police officer off the street to respond. This danger is exacerbated by non-functional locks on some of the cells in the main unit preventing the secure confinement of certain inmates, and the prolonged confinement of felons, for which the Jail was not intended.
2. Staff training. Forest City Jail does not provide any staff training directly related to jail operations. The only training provided involves operation of the police radio. Training is necessary to ensure that Jail staff has sufficient knowledge of their responsibilities and the requisite skills to fulfill them so that the facility can be operated safely. Lack of training can result in inappropriate staff responses, leading to unnecessary injuries or violence.
3. Policies and Procedures. The ^facility has no written policies and procedures for operation of the Jail. Such policies are necessary to ensure safe and orderly operation of the Jail. The Jail also lacks written policies regarding the use of iiTace and restraint devices by staff on inmates.
4. Housing of juveniles. The. facility sometimes houses juveniles. Although the Jail apparently houses juveniles in "cells separate from adult inmates, the housing of juveniles, particularly those in the juvenile justice system, with adults subjects these youths to undue risk of harm.
II. Medical and Mental Health Care and Suicide Prevention
'1. Medical Care. The facility is not providing adequate medical care. The Jail fails to properly screen inmates upon intake or to document an inmate's medical history and possible medical problems. Sick call procedures by which inmates gain access to medical treatment are deficient. Inmates simply express their medical complaints verbally to either Jail officers or the housekeeper. No individual at the Jail responsible for determining whether an inmate needs to be sent to be examined by a physician has a medical background or health training. Also,

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the medication distribution system is inadequate. Medication is distributed by individuals who lack appropriate training. As well, proper procedures for keeping track of medications and their distribution are virtually non existent.
Additionally, the facility lacks adequate written policies and procedures with respect to medical care. Particularly dangerous is the absence of written policies for handling inmates admitted while intoxicated, and female inmates who are pregnant. Lastly, the existing policy for disease control is inadequate. In general, the Jail fails to screen inmates for communicable diseases. TB screening is conducted only on inmates bound for the State Department of Corrections. The failure to test all other detainees for TB leaves other inmates at risk for TB as well as employees in the facility and the community at large upon inmates' release.
2. Mental Health Care. There are no written policies and procedures regarding provisions of mental health services to inmates. Additionally, there currently is no mental health professional available to examine inmates or for consultation to assist in inmate assessments and treatment.
3. Inadequate suicide prevention practices. The facility fails to provide adequate procedures for suicide prevention. Significantly, there is no written suicide prevention policy, and staff receive no training in the subject. Further, inmates considered at risk for suicide are currently placed in an inappropriate cell, i.e., one that does not allow for adequate observation and possesses physical features that would facilitate suicide. There are also features in other cells that present suicide risks, e.g., overhanging metal rods in shower stall,s_.
Ill. Environmental Health and Safety
1. General Sanitation and Personal Hygiene. The facility ..is unsanitary. Numerous mattresses are torn, cracked and dirty.
Shower stalls and walls are caked with mold and scum. Further, the Jail fails to consistently provide inmates with materials to maintain personal hygiene, such as toothbrushes, toothpaste, razors, towels, clean sheets, sufficient feminine hygiene products, clean clothes when needed, and materials with which to clean their cells. All that is provided to inmates with any consistency is toilet paper and soap.
2. Food Services. The Jail serves only two meals a day breakfast between 7:30-8:00 a.m. and dinner between 4:305:00 p.m. The Jail has not determined that this number of meals and the food served are nutritionally adequate.
3. Lighting. In virtually all inmate housing areas lighting levels are grossly inadequate. Lighting was

- 4-
insufficient to enable inmates to see well enough to maintain adequate personal hygiene. As well, the low levels of light would result in significant eye strain if inmates tried to read.
A. Ventilation. Air flow measurements were taken in all of the housing areas and found to be inadequate. It was determined that there are no fresh air intake vents bringing in outside air. Further, registers in the housing units are clogged. Inadequate ventilation can facilitate the spread of communicable respiratory diseases.
5. Plumbing. A majority of the cells did not have functional faucets in the sinks located next to the cell toilets. Also, some toilets leaked. These plumbing deficiencies could cause the spread of disease.
6. Fire Safety. The Jail fails to protect inmates from harm due to fires. The facility is not inspected by the local fire department or the State Fire Marshal's office. No fire drills are conducted. All smoke detectors are not functional and are not connected to an enunciator panel. Also, the Jail's fire extinguishers are not routinely inspected and serviced. One extinguisher we observed had not been serviced since May 1982. There are combustible materials in the main housing area. Finally, torn mattresses present a fire hazard because the material inside is flammable.
7. Emergency Preparedness. Numerous deficiencies exist with respect to emergency preparedness. There are no emergency evacuation plans posted in the housing 'units, and inmates are not instructed what to do in case of an emergency. Further, there is no fenced or secure discharge area for initiates, and at night there is only one jailer/dispatcher on duty". The result is that, in the event of an emergency, the Jail cannot be evacuated until outside help arrives via street officers from the Sheriff's Department or the City Police Department.
IV. Exercise/Out-of-Cell Time
The facility fails to provide inmates adequate exercise or out-of-cell tine. Except for limited opportunities to make phone calls, the inmates are essentially confined to their housing areas 24 hours a day. Where, as here, inmates are being confined at the Jail for sustained periods, e.g., four months or longer, the facility must provide the opportunity for exercise outside the housing unit. Exercise is necessary to maintain health and to reduce the potential for violence within the Jail.
V. Access to Counsel
The Jail does not provide suitable arrangements for attorney visitation. Currently, inmates in the main housing unit must

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visit with their attorneys through the bars of the open dayroora. This arrangement does not allow for sufficient privacy and places an unreasonable limitation upon the -attorney-client relationship.

MINIMUM REMEDIAL MEASURES

To rectify these deficiencies at the Jail and to ensure that • constitutional standards are achieved, we recommend that the
following minimum remedial measures be implemented:

I. Security and Supervision

1. Staffing and supervision. The Jail must provide additional staff and/or monitoring of inmates to ensure their safety and security. The number of staff or intensity of monitoring required will depend, in part, on whether the Jail continues to house inmates charged with felonies for prolonged periods of time.

2. Staff training. All dispatchers/jailers must receive adequate training in small jail operations to ensure the safe and secure operation of the Jail.

3. Policies and Procedures. A policies and procedures manual for operation of the Jail must be developed and implemented to encompass, inter alia, the various functions of the Jail, responsibilities of staff, use of force and restraint devices by staff, and adequate emergency response procedures.

4. Juveniles. Juveniles should not be housed at the Jail.

They should be placed in facilities fortand dedicated to the

housing of juveniles.

' <

II. Medical and Mental Health Care and Suicide Prevention

1. Medical Care. To ensure provision of adequate medical care to inmates, the facility must: ensure appropriate management of intoxicated inmates; establish a sick call procedure that ensures 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; ensure that medical care is provided in a timely manner by a qualified medical professional; provide appropriate training to dispatchers on administering of medications and their potential side-effects; and provide TB screening for all inmates incarcerated seven days or more, and provide screening for other communicable diseases. Finally, the Jail must develop and implement adequate, written policies and procedures governing access to and delivery of medical care.

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2. Mental Health Care. The Jail must ensure provision of basic mental health screening, evaluation, and treatment, including development' and implementation of appropriate written policies and procedures.

3. Suicide Prevention. Staff must be trained in identification and monitoring of inmates at risk of suicide. Successful suicide or serious suicide attempts roust be investigated to determine how and why they occurred. Finally, appropriate written policies and procedures regarding these matters must be developed and implemented. Additionally, the facility must provide an adequate "observation cell," and eliminate risks posed by physical features conducive to suicide, such as shower stalls and metal bunks (mattress supports) with holes.

III. Environmental Health and Safety

1. General Sanitation. The Jail must be cleaned and maintained in a sanitary manner. Inmates must be provided appropriate items to maintain personal hygiene and materials with which to clean their units.

2. Food Service. The Jail must have a qualified professional evaluate the food and ensure that it is nutritionally adequate and modify the diet as appropriate by, e.g., serving three meals a day.

3. Lighting. The Jail must provide adequate lighting in

inmate living areas.

»

4. Ventilation. The Jail must provide adequate ventilation

in inmate areas.

'

5. Plumbing. Inmates must have running water in sinks, toilet leaks must be timely repaired, and plumbing sufficient to meet the needs of the Jail population must be provided'.

6. Fire Safety. To provide adequate fire safety, the Jail needs to: post evacuation plans in the housing units and ensure staff and inmates are educated regarding egress procedures in case of fire emergency; provide a secure evacuation area for inmates; ensure smoke detectors are functional; regularly conduct fire drills ; ensure emergency lighting is functional; conduct documented internal fire safety inspections; and provide mattresses to inmates that are fire safe.

IV. Exercise/Out-of-Cell Time

Inmates must be afforded at least one hour of exercise outside the housing unit a minimum of three times per week.

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V. Access to Counsel

A secure room or office suitable for attorney/inmate visits must be provided.

Finally, we note that, although our investigation is being conducted pursuant to CRIPA, which authorizes the Department to identify only constitutional rights violations with respect to correctional facilities, the failure to separate juvenile offenders from adults also violates the Juvenile Justice and Delinquency Prevention Act,- 42 U.S.C. § 5601 et sea. The County should take remedial action with respect to separating juveniles from adults on that basis as well.

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)(l). That period expires on October 28, 1993. Therefore, we anticipate hearing from you before that date with any response you may have to our findings and a description of the specific steps you will take to implement each of the minimum remedies set forth above. If you do not respond within the stated time period, we will consider initiating an action against your jurisdiction to remedy the unconstitutional conditions.

We look forward to working with you and other City officials to resolve this matter in a reasonable and expeditious manner. If you or any of your staff have any questions, please feel free to call Timothy R. Payne, Senior Trial ^Attorney, Special Litigation Section, at (202) 514-6441.

Sincerely,

—

£ James P. Turner Acting Assistant Attorney General
Civil Rights Division
cc: Thomas D. Lee, Esquire Forest Citv Attorney .245 E. 2nd"Street Forest, Mississippi 39074
Mr. Hiram Richardson Chief of Police 8 50 Park Road Forest, Mississippi 39074

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George L. Phillips, Esquire United States Attorney State of Mississippi Southern District

 
 U.S. v. Forest City

T. 11/8/94

— — ——

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JC-MS-009-004

AEP:DD:TRP:WGM:IG:CA:cmw DJ 168-41-113

November 9, 1994
EXPRESS MAIL
George Phillips, Esq. United States AttorneySouthern District of Mississippi 188 East Capitol Street, Suite 500 Jackson, Mississippi 39201
Re: United States v. City of Forest, Mississippi, et al.
Dear Mr. Phillips:
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 Forest City Jail.
Your signature is needed on the Consent Decree and Complaint prior to filing with the Court on November 15, 1994.
As discussed, the parties to this Consent Decree seek to have it entered as an order of the Court. Accordingly, the last page of the Consent 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 Complaints and Orders on opposing counsel in the pre-addressed envelopes enclosed.
As soon as the papers are filed, please contact me at (202) 514-6264 so that we can make final arrangements as to the press release. A copy of that press release will be telefaxed to your office.
cc: Records Chrono Peabody Deutsch Payne MAddox Goldschmidt Alford Hold

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

Enclosures

Iris Goldschmidt Trial Attorney
Special Litigation Section

 
 (Office of the Attorney
n ^ . (S. 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. City of Forest. Mississippi, et al«f I have complied with all subsections of 42 U.S.c: §1997b(a)(1). I certify as well that I have complied with all subsections of 42 U.S.C. §1997b(a)(2). I further certify, pursuant to 42 U.S.C. §1997b(a)(3), my belief that this action by the United States is of general public importance and will materially further the vindication of rights, privileges or immunities secured or protected by the Constitution of the United States.

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

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

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

October . 1994, at

JANET RENO Attorney General ' of the United States

U.S. v. Forest City

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JC-MS-009-006

 
 Page 1 of 3

U.S. District Court Southern District of Mississippi (Jackson) CIVIL DOCKET FOR CASE #: 3:94-cv-00680-HTW

CLOSED, JCS

United States v. City of Forest, MS, et al Assigned to: District Judge Henry T. Wingate Demand: $0 Cause: 42:1983 Civil Rights Act

Date Filed: 11/15/1994 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 City of Forest, Mississippi
Defendant Fred Gaddis Mayor, City of Forest, in his official capacity Defendant Hiram Richardson Chief of Police, City of Forest, in his official capacity Defendant R. L. Stringer City of Forest Councilman, in his official capacity Defendant

represented by Thomas D. Lee LEE & LEE P. O. Box 370 Forest, MS 39074 (601) 469-2721 LEAD ATTORNEY ATTORNEY TO BE NOTICED

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Page 2 of 3

H. C. Warren City of Forest Councilman, in his official capacity
Defendant
James C. Clark City of Forest Councilman, in his official capacity
Defendant
Billy Frank Alford City of Forest Councilman, in his official capacity
Defendant
Nancy Chambers City of Forest Councilman, in his official capacity

Date Filed 11/15/1994 11/15/1994 11/15/1994
11/15/1994 02/13/1995 05/23/1995 05/25/1995
08/16/1995 11/17/1995 02/20/1996

#

Docket Text

1 COMPLAINT ; Notice of Assignment mailed. (thr) (Entered: 11/16/1994)

Magistrate Judge Assignment James C. Sumner (thr) (Entered: 11/16/1994)

2 CONSENT ORDER the Defendants shall implement all provisions of this Order as set out, no later than 4/1/95. ( signed by Judge Henry T. Wingate ); copies mailed. (fe) (Entered: 11/16/1994)

Case closed (fe) (Entered: 11/16/1994)

3 COMPLIANCE REPORT by defendant City of Forest, MS (spc) (Entered: 02/13/1995)

4 REPORT TO THE COURT by defendant City of Forest, MS (thr) (Entered: 05/24/1995)

5 Letter requesting attachment by defendant City of Forest, MS to substitute signature page for the page not signed. (thr) (Entered: 05/25/1995)

6 REPORT TO THE COURT by defendant City of Forest, MS (thr) (Entered: 08/16/1995)

7 Compliance REPORT TO THE COURT by defendant City of Forest, MS (thr) (Entered: 11/17/1995)

8 COMPLIANCE REPORT TO THE COURT by defendant City of Forest, MS (thr) (Entered: 02/21/1996)

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05/20/1996 10/09/1996 03/06/1997 10/08/1997

Page 3 of 3
9 Compliance REPORT TO THE COURT by defendant City of Forest, MS (thr) (Entered: 05/21/1996)
10 Compliance REPORT TO THE COURT by defendant City of Forest, MS (thr) (Entered: 10/09/1996)
11 Complaince REPORT TO THE COURT by defendant City of Forest, MS (thr) (Entered: 03/06/1997)
12 Compliance REPORT TO THE COURT by defendant City of Forest, MS (thr) Modified on 10/08/1997 (Entered: 10/08/1997)

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