IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF ARKANSAS
JONESBORO DIVISION

FILED U. S. OISTRJCT COURT
EASTERN O»S~°~ WKANSAS
JUL 131989

UNITED STATES OF AMERICA,

Plaintiff,

V.
COUNTY OF CRITTENDEN, STATE OF ARKANSAS; COUNTY OF CRITTENDEN QUORUM COURT, Maggie Boals, Ed Bogard, Joe Bill Boone, Tommy Dickerson, Tecumseh Jones, Connie Moore, Lillian Morris, Vickie Robertson, Vera Simonetti, Buddy Suiter, Bill Weaver; BRIAN WILLIAMS, County Judge; and RICHARD E. BUSBY, County Sheriff,

Civil Action No.
JC89- £/
Civil Rights

Defendants.

COMPLAINT The UNITED STATES OF AMERICA, by and through its Attorney General, Dick Thornburgh, brings this action pursuant to the Civil Rights of Institutionalized Persons Act of 1980, 42 U.S.C. §1997, to enjoin the named Defendants from depriving persons incarcerated at the Crittenden County Jail (CCJ), Marion, Arkansas, of rights, privileges or immunities secured or protected by the United States Constitution. In support of its Complaint in this action, the United States alleges the following:
JURISDICTION. STANDING. AND VENUE 1. This Court has jurisdiction over this action under 28 U.S.C. §1345.

U.S. v. Crittenden Co. JC-AR-002-003

2. The United States has standing to initiate this action pursuant to 42 U.S.C. §1997a. Attached hereto, and incorporated herein by reference, is the Certificate of the Attorney General required by 42 U.S.C. §1997b.
3. Venue in the Eastern District of Arkansas is proper pursuant to 28 U.S.C. §1391. The claims set forth in this Complaint all arose in said District.
4. CCJ is an "institution" within the meaning of 42 U.S.C. §1997(1).
PARTIES 5. The COUNTY OF CRITTENDEN owns and operates CCJ. 6. Defendant COUNTY OF CRITTENDEN is responsible for the administration and operation of CCJ. 7. Defendant QUORUM COURT consists of Defendants Maggie Boals, Ed Bogard, Joe Bill Boone, Tommy Dickerson, Tecumseh Jones, Connie Moore, Lillian Morris, Vickie Robertson, Vera Simonetti, Buddy Suiter and Bill Weaver. The QUORUM COURT is the legislative body of Crittenden County and, in addition to its responsibilities regarding funding of county operations, has the authority under state law to fix the number and compensation of deputies and other county employees and provide for any service or performance of any function relating to county affairs, including the services at CCJ. 8. Defendant BRIAN WILLIAMS is the County Judge in Crittenden County and in this capacity, he heads the executive branch of county government.
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9. Defendant RICHARD E. BUSBY is the Sheriff of the County of Crittenden. In this capacity, he serves as the chief administrator of CCJ and has responsibility for supervising the daily operations of CCJ.
10. The individual Defendants identified in paragraphs 7, 8 and 9 above are sued in their official capacities only.
FACTUAL ALLEGATIONS 11. Defendants are legally responsible, in whole or in part, for the operation of CCJ and for the conditions at CCJ and the health and safety of persons incarcerated there. 12. 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. 13. The Defendants are failing to protect inmates at CCJ from undue risk of harm from violence by other inmates. 14. The Defendants are failing to provide inmates at CCJ adequate access to medical and mental health care. 15. The Defendants are failing to protect inmates at CCJ from undue risks of harm from fires. 16. The Defendants are subjecting inmates at CCJ to undue risks of harm from unsanitary conditions of confinement. 17. The Defendants are subjecting inmates at CCJ to undue risks of harm from unsafe conditions of confinement, including, but not limited to, exposed electrical wires.
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18. The Defendants are assigning inmates at CCJ to housing units on the basis of race.
19. The Defendants are failing to provide inmates at CCJ adequate access to the courts by failing to provide them access to law library facilities.
VIOLATIONS ALLEGED 20. The acts and omissions of Defendants alleged in each of paragraphs 11 through 19 constitute patterns or practices of resistance to the full enjoyment of rights, privileges or immunities secured or protected by the Constitution of the United States and deprive persons confined at CCJ of such rights, privileges or immunities. 21. Unless restrained by this Court, Defendants will continue to engage in the conduct and practices set forth in paragraphs 11-19 above that deprive persons confined at CCJ of rights, privileges, or immunities secured or protected by the Constitution of the United States, and cause irreparable harm to CCJ inmates.
PRAYER FOR RELIEF 22. The Attorney General is authorized under 42 U.S.C. §1997 to seek only equitable relief.
WHEREFORE, the United States prays that this Court enter an order permanently enjoining Defendants, their officers, agents employees, subordinates, successors in office, and all those acting in concert or participation with them from continuing the acts, omissions and practices described at the Crittenden County Jail set forth in paragraphs 11-19 above and to require
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Defendants to take such actions as will provide constitutional conditions of confinement to inmates at the Crittenden County Jail. The United States further prays that this Court grant such other and further equitable relief as it may deem just and proper.
Resnfe<itfu^)Ly subletted,
DICK THORNBU*GH—v
Attorney General ) of the Unitejd Stages

CHARLES A. BANKS United States Attorney
by:

JAMES P. TURNER /Acting Assistant Attorney General Civil Rights Division

RICHAKD M. PENCE, JR.
Assistant United States Attorney 331 P.O. & Courthouse Bldg. 600 West Capitol Little Rock, Arkansas 72203 (501) 378-5342

ARTHUR E. PEABODY, JR. Chief Special Litigation Section

BENJAMIN P. SCHOEN Deputy Chief Special Litigation Section

I LAURIE,^. WEINSTEIN ARTHUR/R. GREENBERG
WAttorneys Special Litigation Section Civil Rights Division U.S. Department of Justice Washington, D.C. 20530 (202) 272-6453

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(BfTxa nf ti\t Atlanta
tl, 19.01. 20530
CERTIFICATE OF THE ATTORNEY GENERAL

I, Dick Thornburgh, Attorney General of the United States,

certify that with regard to the foregoing Complaint, I have

complied with all subsections of 42 U.S.C. Section 1997b(a)(l).

I certify as well that I have complied with all subsections of 42

U.S.C. Section 1997b(a)(2). I further certify pursuant to 42

U.S.C. Section 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.

I further certify that I have the "reasonable cause to

believe" set forth in 42 U.S.C. Section 1997a(a) to initiate this

action. I finally certify that all prerequisites to the initia-

tion of suit under 42 U.S.C. Section 1997 have been met.

Pursuant to 42 U.S.C. Section 1997a(c), I have personally

signed the foregoing Complaint. Pursuant to 42 U.S.C. Section

1997b(b), I am personally signing this Certificate.

Signed this 5th day of July

1989, at Washington,

D.C.

DICK THORNBWRGH Attorney General of the UndtecL-S-tates
PAGE 1 — ATTACHMENT TO COMPLAINT: CERTIFICATE OF ATTORNEY GENERAL

 
 U.S. v. County of Crittenden, State of Ark., Not Reported in F.Supp. (1990)

1990 WL 257949 Only the Westlaw citation is currently available.
United States District Court, E.D. Arkansas, Jonesboro Division.
UNITED STATES of America, Plaintiff, v.
COUNTY OF CRITTENDEN, STATE OF ARKANSAS; County of Crittenden Quorum Court, Maggie Boals, Ed Bogard, Joe Bill Boone, Tommy
Dickerson, Tecumseh Jones, Connie Moore, Lillian Morris, Vickie Robertson, Vera Simonetti, Buddy Suiter, Bill Weaver; Brian Williams, County Judge; and RICHARD E. BUSBY, County Sheriff,
Defendants.
Civ. A. No. JC89–141. | Dec. 26, 1990.
Attorneys and Law Firms
Dick Thornburgh, Attorney General of the United States, Laurie J. Weinstein, Arthur R. Greenberg, Special Litigation Division, Civil Rights Division, U.S. Department of Justice, Washington, D.C., Richard Pence, Assistant U.S. Attorney, Little Rock, Ark., for plaintiff.
Joe M. Rogers, Hale, Fogleman & Rogers, West Memphis, Ark., for defendant(s).
Opinion
CONSENT DECREE
GEORGE HOWARD, Jr., District Judge.
*1 1. This Court has jurisdiction over this action pursuant to 28 U.S.C. 1345.
2. Venue in the Eastern District of Arkansas is appropriate pursuant to 28 U.S.C. 1391(b).
3. The United States instituted this action on July 13, 1989, pursuant to the Civil Rights of Institutionalized Persons Act, 42 U.S.C.1997 and met all pre-filing requirements stated in the statute.
4. The Defendants are the County of Crittenden; Brian

Williams, County Judge; Richard E. Busby, County Sheriff; Maggie Boals, Ed Bogard, Joe Bill Boone, Tommy Dickerson, Tecumseh Jones, Connie Moore, Lillian Morris, Vickie Robertson, Vera Simonetti, Buddy Suiter, and Bill Weaver, Crittenden County Quorum Court. The individual defendants are sued in their respective official capacities.
5. The Defendant County owns and funds the operation of the Crittenden County Jail (CCJ), Marion, Arkansas.
6. The Defendant Sheriff has responsibility for the day-to-day operation of the CCJ. In his official capacity, the Sheriff has the custody, rule, and charge of the CCJ and all prisoners confined therein.
7. Defendant County Judge is the chairperson of the Quorum Court and exercises local executive authority, including the authorization and approval of disbursement of appropriated County funds and hiring of County employees.
8. Defendant Quorum Court exercises local legislative authority and has responsibility for the appropriation of funds for the expenses of the County, including the operation of the CCJ.
9. On November 7, 1986, the Attorney General of the United States, by and through the Assistant Attorney General, Civil Rights Division, notified County officials of his intention to investigate alleged unconstitutional conditions of confinement at CCJ pursuant to the Civil Rights of Institutionalized Persons Act, 42 U.S.C.1997.
10. Following a thorough investigation of conditions at CCJ, on June 1, 1987, pursuant to the Civil Rights of Institutionalized Persons Act, 42 U.S.C.1997, the Assistant Attorney General, Civil Rights Division, informed County officials of the findings of the United States.
11. Additional tours of the CCJ were made on November 17–18, 1988, May 17, 1989, August 10, 1989, and September 11–12, 1989.
12. The parties agree that the confinement of inmates at CCJ implicates rights, privileges or immunities of these inmates that are secured or protected by the Constitution of the United States. The parties entering into this decree recognize these constitutional interests.
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U.S. v. County of Crittenden, State of Ark., Not Reported in F.Supp. (1990)

13. In entering into this Consent Decree, Defendants do not admit any violation of law and this Consent Decree may not be used as evidence of liability in any other civil proceeding.
14. The provisions of this Consent Decree are a lawful, reasonable, and equitable resolution of this case.
15. This Consent Decree shall be applicable to and binding upon all parties, their officers, agents, employees, assigns, and their successors in office in their official capacities only.
I. Purposes and Objectives
The Defendants and the United States stipulate and agree that the purposes and objectives of this Consent Decree are to ensure that Defendants establish, to the extent that each is responsible in his or her official capacity, as promptly as practicable the following conditions at CCJ in order to guarantee that inmates at the facility are not being deprived of rights, privileges or immunities secured to them by the Constitution of the United States:
*2 1. Inmates at CCJ shall be provided adequate access to medical and mental health care.
2. Inmates at CCJ shall be provided a physical environment that poses no unreasonable life safety risks to the inmates.
3. Inmates at CCJ shall be provided adequate sanitation to protect inmates from unreasonable risks to their health and physical safety.
4. A sufficient number of adequately trained and supervised staff shall be employed to provide reasonable safety for inmates, including protection from acts of physical violence by other inmates.
5. Inmates at CCJ shall not be assigned to housing units on the basis of race.
6. Inmates at CCJ shall be provided with reasonable access to the courts, including access to counsel and to law library facilities.
7. The effects of overcrowding at CCJ shall be reduced and prevented.
These purposes and objectives shall be achieved and

maintained at CCJ by implementing the requirements set forth in Part II of this Consent Decree, and by fulfilling the requirements of the Implementation Plan (Plan) attached hereto and incorporated by reference herein. Defendant Quorum Court agrees to make all necessary appropriations to ensure the full and timely implementation of this Consent Decree and Plan.
II. Conditions Requiring Immediate Correction
In order to eliminate conditions which pose an immediate and unlawful threat to the health and safety of inmates at the CCJ, Defendants, to the extent that each is responsible in his or her official capacity, shall ensure that the following actions will be taken:
1. Within 30 days after the entry of this Consent Decree, a road deputy shall be designated during each shift to respond to calls for assistance from Jailers, in the event that such assistance is required. In addition, at all times there shall be at least two (2) Jailers on duty in areas housing male inmates.
2. Immediately upon the entry of this Consent Decree, Jailers shall make visual security checks during their rounds of all units at least once each thirty (30) minutes.
3. Within 30 days after the entry of this Consent Decree, install closed circuit cameras in the one cell on each floor that is to be used for purposes of administrative segregation.
4. Within 30 days after the entry of this Consent Decree, provide or install a security system at CCJ that enables Jailers, when conducting rounds at CCJ or engaging in other activities, to notify personnel assigned to the control room of emergency circumstances or other events requiring additional assistance. This system may include, but need not be limited to, audio, buzzer type communications systems or walkie-talkies.
5. Within 10 days after the entry of this Consent Decree completely clean and sanitize the entire jail, including toilets, wash basins, shower facilities, and windows and window screens; and provide hot water to all units in which inmates are housed.
6. Within 10 days after the entry of this Consent Decree, acquire and appropriately place within CCJ an adequate number of charged fire extinguishers, and remove, replace, or repair all frayed, worn, or otherwise exposed electrical wiring.
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U.S. v. County of Crittenden, State of Ark., Not Reported in F.Supp. (1990)

*3 7. Immediately upon the entry of this Consent Decree, have inmates screened upon admission for health problems, and within fifty-four (54) hours after admissions, be examined by a qualified medical professional. A qualified medical professional shall visit the CCJ at least three (3) days each week to assess and address the medical needs of inmates.
III. Implementation Plan
1. In order to establish compliance with this Consent Decree, Defendants herewith file their Plan for implementing the provisions of this Consent Decree. The purpose of this Plan is to fulfill the requirements of the Consent Decree by establishing certain rules, regulations, and guidelines for the maintenance and operation of CCJ, and to outline specific improvements in the operation and physical condition of this facility. The scope of this Plan is limited to addressing the issues contained within the Consent Decree, and does not purport to be a complete operational plan or series of procedures for CCJ. The requirements set forth in this Plan are supplementary to those set forth in the Consent Decree.
2. The parties agree that the Defendants’ failure to implement the Implementation Plan, attached hereto, will be a violation of this Consent Decree.
IV. Construction and Implementation
1. Defendants shall keep such records as will fully document that the requirements of this Consent Decree and Plan are being properly implemented, including, but not limited to, records describing training programs offered to and taken by jailers and any inspections of CCJ by non-CCJ personnel. Defendants shall also maintain any and all other records required by or developed under the Consent Decree or Plan. Such records shall be made available at CCJ at all reasonable times for inspection and copying by the United States.
2. A. The Defendants shall submit compliance reports to the United States and the Court, the first of which shall be filed within 60 days after the entry of the Consent Decree. Thereafter, the reports shall be filed quarterly, fifteen (15) days after the end of each quarter continuing until this Consent Decree is terminated.
B. The compliance reports shall describe the actions the Defendants have taken during the reporting period to implement this Consent Decree and Plan with specific

reference to the provisions of the Consent Decree and Plan on which they are reporting. The Defendants shall submit records or other documents that will verify or establish that they have taken such actions and shall also provide all documents reasonably requested by the United States.
3. If the Defendants seek to modify the Plan or any portion thereof, then Defendants shall notify the Court and the United States of the proposed modification. The United States shall have sixty (60) days from the receipt of any proposed modification in which to file a response to the proposed modification with the Court. If the United States objects to the proposed modification sought, then Defendants and the United States shall confer in an effort to resolve their differences through negotiation. If Defendants and the United States are unable to resolve their differences, then the adequacy of the proposed modification shall be determined by the Court. The parties agree that the standard for adequacy shall be whether the proposed modification will serve to achieve the purposes and objectives set forth in Part I of this Consent Decree. The Defendants shall have the burden to persuade the Court that the modified Plan is adequate under this standard.
*4 4. Upon reasonable notice to the Defendants, the United States and its attorneys, consultants, and agents shall have reasonable access to the facilities, records, inmates, and employees of CCJ for purposes of obtaining or determining compliance with the Decree. Such access shall continue until this Consent Decree is terminated.
5. Defendants shall provide answers to written questions from the United States regarding the status of compliance and implementation of the Consent Decree and Plan and any matters reported in Defendants’ compliance reports. Such responses shall be due within 20 days of receipt by the Defendants of the written questions.
6. All parties shall bear their own costs, including attorney fees.
V. Termination of Consent Decree
1. The parties contemplate that the Defendants shall have fully and faithfully implemented all provisions of this Consent Decree and Plan attached hereto on or before December 31, 1992.
2. The Court shall retain jurisdiction of this action for all purposes under this Consent Decree and Plan until the
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U.S. v. County of Crittenden, State of Ark., Not Reported in F.Supp. (1990)

Defendants shall have fully and faithfully implemented all provisions of this Consent Decree and Plan attached hereto and until the judgment be discharged.
3. On or after the date on which the Defendants shall have fully and faithfully implemented all provisions of this Consent Decree and Plan attached hereto, the Defendants may move that the injunctions entered herein be dissolved, the judgment discharged, jurisdiction terminated, and the case closed and dismissed with prejudice on the ground that Defendants have fully and faithfully implemented and maintained all provisions of the Consent Decree and Plan attached hereto.
4. Dismissal shall be granted unless, within sixty (60) days after receipt of the Defendants’ motion, the United States objects to such motion. If an objection is made with particularity, the Court shall hold a hearing on the motion and the burden shall be upon the United States to demonstrate that Defendants have not fully and faithfully implemented all provisions of this Consent Decree or any approved Plan or any part thereof and, if objection is based upon failure to implement the Plan or part thereof, that such Plan or part thereof is essential to the achievement of one or more of the purposes and objectives set forth in Part I of this Consent Decree. If the United States fails to meet this burden, the injunctions shall be dissolved, the judgment shall be discharged, jurisdiction shall be terminated, and the case shall be
Consented	  to	  by	  the	  undersigned:	   	  	   	   FOR	  THE	  COUNTY	  OF	  CRITTENDEN	   	  	   	   /s/	   	  	   	   BRIAN	  WILLIAMS	   	  	   	   County	  Judge	   	  	   	   	  

closed and dismissed with prejudice.
5. The parties recognize that at the time of the signing of this Consent Decree, the County is reviewing the option of constructing a new jail facility. Nothing in this Consent Decree shall be interpreted to prohibit the construction of such a facility. Defendants may move to terminate this Consent Decree and dismiss this action if and when a new jail is built, Crittenden County inmates are housed there, and the existing facility is closed permanently; provided that the Defendants give the United States timely notice of the opening of the new jail, the closing of the existing facility, and an opportunity to examine conditions at the new jail to determine compliance with constitutional standards. In these circumstances, if the United States objects to the termination of this Consent Decree, then the United States shall have the burden to demonstrate to the Court that the conditions at the new jail are depriving inmates there of their constitutional rights.
*5 This Consent Decree shall continue to apply to the existing facility consistent with the terms and provisions of this Decree if the existing facility continues to be used to house inmates, notwithstanding the construction of a new jail facility.
	  
FOR	  THE	  UNITED	  STATES	  OF	  AMERICA	   	  	   	   /s/	   	  	   	   JOHN	  R.	  DUNNE	   	  	   	   Assistant	  Attorney	  General	   	  	   	   Civil	  Rights	  Division	   	  	   	  
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U.S. v. County of Crittenden, State of Ark., Not Reported in F.Supp. (1990)

/s/	   	  	   	   RICHARD	  E.	  BUSBY	   	  	   	   County	  Sheriff	   	  	   	   	  
/s/	   	  	   	   JOE	  M.	  ROGERS	   	  	   	   County	  Counsel	   	  	   	   	  
/s/	   	  	   	   MAGGIE	  BOALS	   	  	   	   Quorum	  Court	   	  	   	   	  
/s/	   	  	   	   ED	  BOGARD	   	  	   	  

/s/	   	  	   	   CHARLES	  A.	  BANKS	   	  	   	   United	  States	  Attorney	   	  	   	   Eastern	  District	  of	  Arkansas	   	  	   	   /s/	   	  	   	   ARTHUR	  E.	  PEABODY,	  JR.	   	  	   	   Chief	   	  	   	   Special	  Litigation	  Section	   	  	   	   /s/	   	  	   	   BENJAMIN	  P.	  SCHOEN	   	  	   	   Deputy	  Chief	   	  	   	   Special	  Litigation	  Section	   	  	   	   /s/	   	  	   	   LAURIE	  J.	  WEINSTEIN	   	  	   	  
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U.S. v. County of Crittenden, State of Ark., Not Reported in F.Supp. (1990)

Quorum	  Court	   	  	   	   	  
	  
	  
	  
	  
/s/	   	  	   	   WILLIE	  MAE	  UPSHAW	   	  	   	   Quorum	  Court	   	  	   	   /s/	   	  	   	   TOMMY	  DICKERSON	   	  	   	   Quorum	  Court	   	  	   	   /s/	   	  	   	   TECUMSEH	  JONES	   	  	   	  

ARTHUR	  R.	  GREENBERG	   	  	   	   Attorneys	   	  	   	   U.S.	  Department	  of	  Justice	   	  	   	   Civil	  Rights	  Division	   	  	   	   Box	  37076	   	  	   	   Washington,	  D.C.	  20066	   	  	   	   	  
	  
	  
	  
	  
	  
	  
	  
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U.S. v. County of Crittenden, State of Ark., Not Reported in F.Supp. (1990)

Quorum	  Court	  

	  

	  	  

	  

/s/	  

	  

	  	  

	  

CONNIE	  MOORE	  

	  

	  	  

	  

Quorum	  Court	  

	  

	  	  

	  

LILLIAN	  MORRIS	  (Deceased)	  

	  

	  	  

	  

Quorum	  Court	  

	  

	  	  

	  

/s/	  

	  

	  	  

	  

VICKIE	  ROBERTSON	  

	  

	  	  

	  

Quorum	  Court	  

	  

	  	  

	  

/s/	  

	  

	  	  

	  

VERA	  SIMONETTI	  

	  

	  	  

	  

Quorum	  Court	  

	  

	  	  

	  

/s/	  

	  

	  	  

	  

BUDDY	  SUITER	  

	  

	  	  

	  

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U.S. v. County of Crittenden, State of Ark., Not Reported in F.Supp. (1990)

Quorum	  Court	  

	  

	  	  

	  

/s/	  

	  

	  	  

	  

BILL	  WEAVER	  

	  

	  	  

	  

Quorum	  Court	  

	  

	  	  

	  

WHEREFORE, the parties to this action having agreed to the provisions in the Consent Decree set forth above, and in the Implementation Plan, attached hereto, and the Court being advised in the premises, this Consent Decree and attached Implementation Plan is hereby entered as the JUDGMENT of this Court.
SO ORDERED this 26 day of December, 1990, at Little Rock, Arkansas.
George Howard, Jr.
/s/ UNITED STATES DISTRICT JUDGE
IMPLEMENTATION PLAN FOR THE CRITTENDEN COUNTY, ARKANSAS, JAIL
PURPOSE AND SCOPE
This Implementation Plan (Plan) is being submitted on behalf of Defendants in compliance with the terms of the Consent decree dated 12/26, 1990. The purpose of this Plan is to fulfill the requirements of the Consent Decree by establishing certain rules, regulations, and guidelines for the maintenance and operation of the Crittenden County Jail (CCJ), and to outline specific improvements in the operation and physical condition of this facility. The scope of this Plan is limited to addressing the issues contained within the Consent Decree and does not purport to be a complete operational plan or series of procedures

for CCJ. The requirements set forth in this Plan are supplementary to those set forth in the Consent Decree.
I.
MEDICAL AND MENTAL HEALTH CARE AND PROCEDURES
In order to provide inmates at CCJ with adequate access to medical and mental health care, Defendants shall implement the following measures and institute the following policies and procedures by November 5, 1990, unless another time frame is specified in this Plan.
1. Medical Screening Upon Admission. (A) Trained jailers shall screen all inmates, immediately upon their admission to CCJ, for medical and other problems to ensure that newly admitted inmates receive appropriate medical care and do not endanger the health of other inmates. Jailers shall properly and promptly complete the Medical Screening Upon Admission form.
*6 (B) Trained jailers shall determine, upon each inmate’s admission and in addition to other medical screening procedures, whether that inmate is receiving or is otherwise in need of prescription medication. If an inmate is receiving prescription medication, then jailers shall verify these medications by contacting the prescribing pharmacy or an appropriate physician, and shall obtain needed prescription refills promptly.
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U.S. v. County of Crittenden, State of Ark., Not Reported in F.Supp. (1990)

(C) Jailers shall refer inmates who display the following characteristics to an appropriate medical facility: unconsciousness; convulsions; significant bleeding or injuries; alcohol or drug withdrawal; inability to walk; childbirth labor; obvious mental illness; or obvious trauma. Upon observing any of these conditions, the jailer shall report the emergency to the shift supervisor who shall be responsible for seeing that the inmate is transported to the appropriate medical facility. The jailer who observes emergency situations shall also complete an Unusual or Special Incident Report. All Unusual or Special Incident Reports shall be reviewed by the Chief Jailer and Sheriff in accordance with Part IV, Section 5, of this Plan.
2. Hygiene Pack. Jailers shall distribute to each inmate upon admission a hygiene pack that includes, at a minimum, toothpaste, toothbrush, deodorant, soap, and shampoo. Feminine hygiene products shall be supplied to female inmates. Jailers shall also distribute replacement items for the hygiene pack. Towels will be provided for those inmates who cannot otherwise obtain them and razors will be provided in accordance with appropriate safety measures.
3. Initial Health Screening by a Qualified Medical Care Professional. A qualified medical care professional shall initially examine each inmate as soon as possible after admission into CCJ, but no later than seventy-two (72) hours after admission. Any inmate who identifies a medical problem at the initial screening or whose initial screening indicates a serious medical problem shall be seen no later than forty-eight (48) hours after admission. The qualified medical care professional shall, among other things, appropriately document each initial health screening and review the status of prescribed medications. Jailers shall promptly obtain any prescribed medications for use by any inmate for whom prescriptions have been ordered.
4. Fourteen (14) Day Health Assessment by a Qualified Medical Care Professional. A qualified medical care professional shall perform, and appropriately document, a full health assessment for each inmate within fourteen (14) days after admission to CCJ.
5. Non–Emergency Medical Services. (A) A medical doctor, or registered or licensed nurse, shall be on duty at CCJ, at least three (3) days of each week, to observe and examine each inmate who requests or is determined to need medical attention. At least two (2) of these days

shall be non-consecutive.
(B) Jailers shall complete a Request for Medical Care form for each inmate who requests or is determined to need medical attention. All inmates shall be entitled to complete Request for Medical Care forms if they so request. Jailers shall collect these forms and refer them to the qualified medical care professional.
*7 (C) After an inmate has been seen by any qualified medical care professional, that qualified medical care professional shall be required to complete a Doctors’ Orders to the Jailer form. These orders shall be signed and dated by the supervisory jailer. Jailers shall follow all doctors’ orders, and shall complete the Follow-up to Qualified Medical Care Professional Orders form.
6. Medical Examination Room. A secure examination room shall be maintained at CCJ with necessary medical equipment and supplies.
7. Emergency and Other Urgent Medical and Dental Needs. (A) Each inmate shall receive prompt emergency medical attention. Jailers shall consult with qualified medical care professionals and organizations as necessary, and shall not deny medical care to inmates based upon the judgment of jailers that the inmate does not require such care. The following occurrences shall always constitute an emergency requiring immediate medical attention: severe bleeding; unconsciousness; head injury; sudden onset of bizarre behavior; health or life-threatening situation; suicide attempt; severe burns; or severe pain.
(B) If emergency care is beyond that which can be provided adequately at CCJ, then jailers shall arrange to transport inmates promptly to emergency facilities for evaluation and treatment. If the inmate is ambulatory, then jailers may transport that inmate to the hospital. If the inmate is not ambulatory, then jailers shall request assistance from the Marion Fire Department to transport the inmate.
(C) The Crittenden Memorial Hospital Emergency Room is the primary emergency facility to be used. The telephone numbers for the Crittenden Memorial Hospital and the Marion Fire Department shall be posted in prominent places within CCJ.
(D) In the event emergency care is provided, then jailers shall complete the Report of Emergency Medical Care form, and shall bring this form to the attention of the jail
9

U.S. v. County of Crittenden, State of Ark., Not Reported in F.Supp. (1990)

physician or qualified medical care professional upon his next visit to CCJ.
8. Health Care Consults. Inmates shall receive such specialized consultations and health care as may be deemed necessary by a qualified medical care professional. Non-emergency referrals shall be to the East Arkansas Family Health Center or the Mediquik Clinic, both of which are located in West Memphis, Arkansas.
9. Dental Services. Inmates shall receive such dental care as may be deemed necessary by a qualified medical care professional. Inmates shall be examined for possible dental problems at the time of the fourteen (14) day health assessment. If this examination reveals that an inmate needs dental treatment for relief of pain or because the condition endangers his or her health, then jailers shall make an appointment for the inmate at the East Arkansas Family Health Center to obtain necessary dental care. The medical care professional shall also instruct the inmate concerning dental hygiene.
(B) Any inmate shall be entitled to request dental care by completing the Request for Medical Care form. Emergency dental problems shall be addressed as emergency medical problems in accordance with Part I, Section 7, of this Plan.
*8 10. Mental Health Services. (A) Inmates shall receive such mental health care as may be deemed necessary by a qualified medical care professional. Jailers shall not attempt to diagnose mental illness.
(B) In the event of a mental health emergency, such as an attempted suicide, the jailer shall contact his shift supervisor who shall immediately call the East Arkansas Mental Health Center in West Memphis, Arkansas. If an appointment for an immediate evaluation cannot be made with the East Arkansas Mental Health Center, then the shift supervisor shall contact the Arkansas State Hospital in Little Rock, Arkansas, for an emergency evaluation. Jailers or other Crittenden County Sheriff’s personnel shall transport the inmate for emergency evaluation.
(C) Jailers shall be familiar with and follow the procedures set forth in Procedures to Follow in Dealing with Emotionally Disturbed Inmates.
11. Food Service. (A) Inmates shall be provided with three meals per day, not counting snacks. Two of the three meals must be hot meals. The evening meal shall be served no more than twelve (12) hours from the next

day’s breakfast.
(B) A licensed dietician or licensed nutritionist shall evaluate the food service quarterly to ensure that the diet of the inmates contains appropriate nutritional content.
12. Administration of Medication. (A) Jailers shall properly maintain prescription medication at CCJ and administer these medicines in accordance with the written prescriptions and the provisions of this Section.
(B) All prescription medications shall be kept in a locked cabinet or drawer. Only qualified medical professionals or jailers trained to perform such functions by qualified medical care professionals shall administer medications. Jailers shall not allow any inmate to take prescription medications that are not specifically prescribed for that inmate.
(C) Medications subject to abuse shall be prescribed by a qualified medical care professional only when medically indicated. All such medications shall have stop order time periods and re-evaluation by the qualified medical care professional prior to renewal of medication. Inmates shall not be tranquilized to make them more manageable.
(D) Each administration of medication shall be recorded on Inmate’s Medication Records and are initialed by the person(s) administering the medication. If prescribed medication is not given, then jailers shall note the reason. After a prescription is finished or the inmate released, the medication record shall be added to the inmate’s individual medical record. Jailers shall inventory all prescribed medications, needles, and syringes daily.
(E) The East Arkansas Family Health Center Pharmacy fills prescriptions for CCJ inmates. Unless otherwise directed by a qualified medical care professional, jailers shall request the liquid form of the medication, if available. Jailers shall print the total number of pills dispensed on each individual prescription label to facilitate an inventory of the drug. All prescriptions shall be ordered individually by the physician.
*9 (F) Jailers shall not at any time transfer the inmate’s medication from the prescription container or commercial over-the-counter container to any other container unless specifically ordered to do so by the jail physician or other qualified medical care professional.
(G) Jailers shall identify properly each inmate who has been ordered to receive medication prior to giving any
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U.S. v. County of Crittenden, State of Ark., Not Reported in F.Supp. (1990)

medication to such inmate.
(H) Unless specifically ordered by the qualified medical care professional in individual cases, jailers shall not allow any inmate to keep medication on his or her person or to self-administer medication. Medications must be taken in the presence of the jailers administering it. Unless medication is in the liquid form, Jailers shall require an inmate, after the administration of medication to that inmate, to drink a glass of water. Jailers shall observe that inmate swallowing, have that inmate talk immediately after swallowing, or observe that inmate for several minutes to ensure ingestion of the medication.
(I) Jailers shall ensure that any inmate who refuses prescribed medication sign a statement to that effect which will be filed in that inmate’s medical record. That inmate shall then see the qualified medical care professional during his next scheduled visit.
13. Medical Records. (A) Defendants shall maintain an appropriate medical record for each inmate. The inmate’s medical record shall contain: (1) the initial screening form; (2) the health appraisal data forms; (3) all diagnosis, treatment, disposition, prescription and administration of medication; (4) laboratory, x-ray and related diagnostic studies; (5) consent and refusal forms whenever indicated; (6) discharge summary of hospitalizations; (7) any health service or consultant’s reports; and (8) any specialized treatment plan if one exists.
(B) No inmate’s medical record shall be part of that inmate’s confinement record. Medical records will be stored in a secure place and in such a manner that only personnel authorized by the qualified medical care professional have access to the records and to the information contained in them.
15. Staff Training Concerning Medical and Mental Health Care and Procedures. Jailers shall be trained by qualified medical care professionals in appropriate aspects of initial screening and continuous medical care, dental evaluation techniques and mental health care, including suicide signs and symptoms, for the purposes of making appropriate referrals to qualified medical providers. All jailers shall also be trained in and evaluated upon the necessity for the proper and timely completion of medical care forms. All jailers shall be certified in CPR and first aid training on a yearly basis.

II.
LIFE SAFETY
In order to provide a physical environment at CCJ that poses no unreasonable life safety risks, Defendants shall implement the following measures, and institute the following policies and procedures by November 5, 1990, unless another time frame is specified in this Plan.
*10 1. Fire Safety Inspections and Plans. The CCJ shall be inspected by local fire prevention officers at least on a yearly basis to meet local fire safety codes. Deficiencies identified in those inspections shall be corrected. Defendants shall obtain a qualified professional non-county fire safety consultant to assist in the drafting and implementation of fire safety plans by November 1990. A copy of all fire safety inspections and plans shall be forwarded upon receipt to the Department of Justice.
2. Evacuation Plan. A current Evacuation Plan, prepared in conjunction with the West Memphis Fire Department, shall be posted in all CCJ corridors and shall remain posted until replaced by an evacuation plan developed in conjunction with the qualified professional fire safety consultant identified in Part II, Section 1, of this Plan.
3. Integrated Fire Alarm System. The CCJ shall be equipped with an integrated fire alarm system with a direct linkage to the West Memphis Fire Station no later than November 5, 1990.
4. Fire Drills. (A) Monthly fire drills shall be conducted at CCJ. At least one-half of these drills will not be announced in advance. These drills shall be distributed appropriately among work shifts and on weekends. At least one-half of these drills shall involve the relocation of some CCJ inmates to safe evacuation zones.
(B) Drills shall be held with qualified fire department officials at least twice yearly to familiarize jailers with emergency procedures, responsibilities, and possible contingencies.
(C) The Chief Jailer shall maintain records of all fire drills, and for each fire drill shall note areas in need of improvement and measures taken to address any identified deficiencies.
5. Removal of Flammable Materials. (A) Jailers shall
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U.S. v. County of Crittenden, State of Ark., Not Reported in F.Supp. (1990)

conduct a daily inspection for flammable materials, in accordance with the Daily Environmental Inspection, and shall remove fire hazards, including excess personal clothing and other items, from CCJ immediately upon detection.
(B) Jailers shall look for the following items which may be hazardous or flammable: unreasonable amounts of newspapers, magazines or other printed materials, excess personal clothing and any other items which are non-essential in the cells and which could be combustible. Jailers shall remove such items or have such items removed. If the removed items are to be returned to the inmates at a later time, then jailers shall store them in an area which is not accessible to the inmates and which is not exposed to heat or flames.
(C) Jailers shall not abuse fire safety rules in order to punish or discipline inmates.
6. Breathing Apparatus. By November 5, 1990, CCJ shall be equipped with two oxygen breathing apparatuses that enable jailers to work in smoke filled areas. The breathing apparatuses shall be maintained in an area to be determined by the recommendations of the qualified professional fire safety consultant.
7. Electrical Repairs and Inspections. (A) All electrical repairs shall be made promptly. All wiring shall accommodate security lighting, and necessary optionally lighted sleeping areas shall be provided. If there are additional repairs that remain to be completed because of lack of materials, then they shall be completed immediately upon receipt of such materials and no later than November 5, 1990.
*11 (B) Jailers shall inspect CCJ daily, in accordance with the Daily Environmental Inspection, to detect any exposed wiring or defective receptacles. If the inspection reveals damaged wiring or receptacles, then jailers shall notify the shift supervisor who shall immediately contact an electrician to make the necessary repairs. Jailers shall supervise inmates to prevent them from injuring themselves or destroying electrical receptacles.
(C) Jailers shall visually inspect and search cells for evidence of use of electrical wiring or receptacles in making home-made weapons, and if such evidence is found, then jailers shall conduct a more thorough and complete search of the surrounding areas.
(D) If exposed wiring or damaged receptacles create a

hazard to the safety of inmates or others, then jailers shall remove inmates to an area of CCJ where they will not be exposed to dangerous wiring or damaged receptacles.
8. Staff Training Concerning Life Safety. (A) Jailers shall be trained in and evaluated upon appropriate aspects of life safety, including, but not limited to, the implementation of the Evacuation Plan, and inspection techniques and proper removal of fire safety hazards from inmates’ cells.
(B) Present jailers shall be trained in the use and operation of the artificial breathing apparatus or any other breathing apparatus within thirty (30) days. Newly-hired jailers shall be trained before they are assigned.
III.
Sanitation
In order to ensure that adequate sanitation is provided to protect inmates from unreasonable risk to their health and safety, Defendants shall implement the following measures and institute the following policies and procedures by November 5, 1990, unless another time frame is specified in this Plan.
1. Plumbing Repairs. Defendants shall employ licensed plumbers from time to time to make needed repairs to all showers, commodes, basins, and water lines. By December 1, 1990: all presently needed repairs shall be completed; all showers shall have hot water; all leaking toilets shall be repaired.
2. Cleaning. (A) CCJ, including the cell block and common areas, commode and shower areas, and windows and screens, shall be maintained in a general state of cleanliness. Jailers shall develop and monitor cleaning schedules.
(B) Jailers shall supervise the cleaning activities daily and perform inspections daily, whether the cleaning is performed by the inmates or paid employees. Shift supervisors shall oversee all cleaning operations to ensure that the jailers’ orders to inmates regarding cleaning procedures are clear and concise.
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U.S. v. County of Crittenden, State of Ark., Not Reported in F.Supp. (1990)

(C) If inmates refuse to assist in cleaning, then telephone, commissary, television, or other privileges may be withheld. Any jailer withholding such privileges shall follow appropriate CCJ disciplinary procedures.
(D) Jailers shall maintain a strict accounting of the numbers of cleaning implements that are given to and returned by the inmates. Jailers shall conduct an immediate search to discover the whereabouts of the missing cleaning implements. Jailers shall also conduct pat down searches of all inmates after they complete cleaning assignments.
*12 3. Clothing. (A) Inmates shall be provided with clean and appropriate clothing, which may be CCJ uniforms. All inmates shall be provided with at least two changes of outer clothing and with at least three changes of under clothing. Towels shall be provided by the inmates; however, if an inmate does not have towels, then towels shall be provided for that inmate.
(B) Inmate clothing shall be washed and dried at CCJ by trustees or staff according to a schedule, which shall be posted for inmate viewing. Inmates shall have an opportunity to change into clean under clothing once a day and the opportunity to change into clean outer clothing at least three times per week.
(C) No inmates shall be permitted to possess belts or shoestrings.
4. Staff Training Concerning Sanitation. Jailers shall be trained in and evaluated upon proper inspection techniques to identify sanitation hazards and proper supervision techniques concerning the inmates’ cleaning of cells and common areas.
IV.
STAFFING AND SECURITY
In order to ensure that a sufficient number of adequately trained and supervised staff are employed to provide for the safety of inmates, including protection from acts of violence from other inmates, Defendants shall implement the following measures and institute the following procedures and policies by November 5, 1990, unless

another time frame is specified in this Plan.
1. Minimum Staffing Levels. (A) CCJ staffing shall consist of a minimum of twenty-five (25) full-time equivalent (FTE) jailers for every one hundred (100) inmates no later than six months from adoption of the Plan. Until that time, the number of jailers shall not fall below twenty-one (21) FTE jailers. At the staffing level of 21 FTE jailers, there shall be a minimum of three (3) jailers on duty during the 11:00 pm to 7:00 am shift; a minimum of five (5) jailers on duty from the 3:00 pm to 11:00 pm shift; and a minimum of seven (7) jailers on duty from the 7:00 am to 3:00 pm shift, including weekends and holidays.
(B) Shift times may be rearranged or overlapped as long as the above minimum numbers are met during the identified times.
(C) Jailers shall not be requested, nor permitted, to work an amount of overtime that would interfere with their ability to perform their official duties adequately. Overtime in excess of eight hours per week must be justified, in writing, by the Sheriff of Chief Jailer.
(D) Jailers shall arrive on duty thirty (30) minutes before shift change to ensure that the minimum number of jailers are on duty. This time shall be used for roll call training, described in Part VIII, Section 1(E). Each outgoing shift supervisor shall complete the Shift Change Notification Form at the conclusion of his or her shift, and discuss its contents, and any other areas of importance with the jailers on the incoming shift.
2. Supervision and Staffing Responsibilities. A system of accountability and responsibility shall be established and enforced through the CCJ Chain of Command. Supervisors shall be designated and trained for each shift.
*13 3. Jailer Assignments and Floor Procedures. (A) All CCJ assignments and floor procedures shall be in writing and each jailer shall be familiar with them. All jailers shall remain in his or her assigned area, except in emergency situations. Female jailers will patrol the first floor and male jailers will patrol the second floor twenty four (24) hours a day.
(B) The Sheriff’s radio operator on duty shall be alerted if a jailer is required to leave his or her assignment. This action will be noted in the radio log.
(C) No male jailers shall enter the female inmate area unaccompanied by a female jailer. No female jailers shall
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U.S. v. County of Crittenden, State of Ark., Not Reported in F.Supp. (1990)

enter the male inmate area unaccompanied by a male jailer.
(D) Jailers shall not sexually harass, intimidate, or coerce any inmate. Jailers shall not assist in arranging or otherwise condoning the sexual harassment, intimidation, or coercion of inmates by jailers or other inmates. Jailers shall not permit sexual activities between inmates.
4. Security Checks. (A) Jailers on all shifts shall conduct visual security checks of all inmate areas and directly observe all inmates on an unscheduled and irregular basis. No more than thirty (30) minutes between checks shall be permitted, except with juveniles and those inmates housed in Cell Blocks B–1 and B–2, where unscheduled and irregular checks shall be made no less than every fifteen (15) minutes and shall include physical patrol of all catwalk areas.
(B) Jailers shall incorporate the elements described in Elements for Routine Patrol into their security checks. Jailers shall record all security checks, which shall then be validated by the shift supervisor.
5. Reporting Unusual or Special Incidents. (A) An identification and record keeping procedure for promptly identifying and documenting any incidents created or perpetrated by or upon inmates, including verbal or physical misconduct, assaults or other acts of violence or destruction shall be implemented at CCJ. All Jailers shall follow this procedure.
(B) All jailers shall complete an Unusual or Special Incident Report for each unusual or special incident no later than one (1) hour after the incident. Additions to the report shall be attached if new information is discovered. The report shall be reviewed by the shift supervisor before the termination of the shift during which the incident occurred, and the shift supervisor shall make appropriate written comments and recommendations.
(C) The Chief Jailer shall read all new Unusual or Special Incident Reports daily. The Sheriff and Chief Jailer shall review Unusual or Special Incident Reports and other materials on a monthly basis to identify, in writing, any potential trends or areas which need to be remedied, and measures taken to do so.
6. Cell and Other Area Searches. (A) Jailers shall search cells and other areas to which inmates have access, such as the kitchen and sallyport, at least once each week on an unannounced basis in order to control contraband,

including potential weapons. These searches shall be conducted in accordance with Procedures for Cell Searches, and are in addition to and do not replace other security measures. In order to prevent the introduction of contraband into CCJ, jailers shall search trustees as they enter the jail, and before they return to their cells.
*14 (B) Jailers shall document the dates, times, places, results, and other details of each search in accordance with Results of Cell Search. This report shall be completed by the shift supervisor no later than the termination of the shift during which the search occurred.
(C) Jailers shall never use searches for harassment. In conducting the searches, the jailers shall handle carefully, and not damage or destroy, an inmate’s legitimate personal property.
(D) Jailers shall conduct a complete search of an occupied cell prior to assigning a new inmate to it. Inmates should be moved out of the cell, and searched, if possible, while the cell search is taking place.
7. Orientation, Rules and Sanctions. (A) Jailers shall provide an orientation to each inmate upon admission. The inmate orientation shall include a discussion of: the rules and sanctions within CCJ; standards of conduct and daily routines; grievance procedures; fire safety; visitation, telephone, and mail privileges; commissary; medical and mental health procedures; and hygiene responsibilities.
(B) As part of the inmate orientation, Jailers shall ensure that each inmate reads, or has read to him or her, the List of Rules and Sanctions, and then signs the list.
(C) Defendants shall post in conspicuous places of CCJ for viewing by the inmates a Summary of Rules and Sanctions. The List of Rules and Sanctions shall be available to inmates upon request at reasonable periods for review under proper supervision.
8. Disciplinary Procedures. (A) Procedures for disciplinary action shall be maintained and implemented at CCJ. Jailers shall follow these disciplinary procedures, and shall make copies of these disciplinary procedures available to inmates for review.
(B) The procedures for disciplinary action shall address major offenses, minor offenses, and infractions. Jailers shall complete a Disciplinary Report no later than one hour after the disciplinary action is taken. The
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U.S. v. County of Crittenden, State of Ark., Not Reported in F.Supp. (1990)

disciplinary procedures shall include provisions for appropriate disciplinary hearings.
9. Inmate Grievances. Jailers shall permit inmates to express grievances directly to jailers. Inmates may express grievances verbally, but shall be permitted to grieve in writing by completing an Inmate Grievance Form.
10. Inmate Exercise. (A) Reasonable opportunities for outdoor large muscle activities shall be provided to inmates on a regular basis. Examples of appropriate outdoor activities include basketball and volleyball. A secure fenced area to be used for inmate exercise shall be completed no later than November 5, 1990. This area shall be no smaller than the equivalent of one-half of a basketball court.
(B) Jailers shall permit each inmate to have five (5) one hour periods per week of exercise. If all inmates cannot be permitted five hours per week of outdoor exercise due to ongoing security concerns, then preference shall be afforded to those inmates who have resided at CCJ for periods in excess of fourteen (14) days.
*15 (C) Jailers shall supervise inmates during exercise periods. A minimum of two jailers shall supervise inmates in the exercise area. No more than 15 inmates may be in the exercise area at any given time.
(D) Inmates need not be afforded outdoor exercise when the temperature is above 95 degrees or below 30 degrees, fahrenheit, or during other inclement weather, or under temporary security exigencies.
11. Visitation Procedures. (A) Inmates shall be permitted reasonable daytime and evening visitation with family and friends according to a posted schedule. Visitation shall occur Monday through Friday from 9:00 am to 11:00 am and from 1:00 pm to 3:00 pm, and shall occur Tuesday and Thursday evenings from 7:00 pm to 9:30 pm. Jailers shall permit each inmate a minimum of one hour per week of visitation with those persons authorized by the inmate.
(B) Jailers shall supervise all visits to permit the inmate to maintain authorized and reasonable contact with his family and friends, and to prevent the admission of contraband and planning of escapes or violence. Jailers shall search the visitation area thoroughly before visits and immediately after visits, and shall conduct pat-down searches of all inmates after visits.

(C) Visitation Rules shall be posted in a conspicuous location at the visitation site. Under these rules, CCJ visitors may be subjected to search. Only jailers of the same sex as visitors shall conduct searches of those visitors.
12. Telephone Procedures. Inmates shall be permitted to utilize telephones from 6:00 pm until 11:00 pm Monday through Friday and from 7:00 am until 11:00 pm on weekends. Jailers shall monitor the use of the phones to determine if any special provisions, such as time limits per call per inmate, are necessary to ensure telephone access to all inmates.
13. Key Controls. (A) A key control system that provides jailers with immediate knowledge of the location of every key and lock at all times, provides for the security of all keys and locking devices at all times, and provides ready access to cells during evacuation or other emergency situations, shall be maintained at CCJ. This system shall include a set of keys to be kept in the radio operator’s office, to which jailers shall have access at all times. The Chief Jailer shall supervise the key control policy.
(B) Every CCJ lock shall be stamped with a number; all keys to match that lock shall be stamped with that same number. All keys shall be notched and matching notches placed on each door. All keys shall be issued from the CCJ central control room by one jailer specifically assigned to key control duty during each shift.
(C) Each jailer shall surrender his or her work keys upon termination of employment at CCJ. Jailers shall immediately report any lost, misplaced, or stolen keys to the Chief Jailer, who shall then take appropriate measures. Under no circumstances shall any inmate, including trustees, be permitted to handle any CCJ keys.
14. Staff Training Concerning Security and Inmate Supervision. Jailers shall be trained in and evaluated upon the knowledge, skills, and techniques necessary to maintain security and safety in CCJ, and to supervise inmates properly. Jailers shall be familiar with the Guidelines for More Successful Inmate Supervision.
*16 (B) This training shall include, but not be limited to, the following topics: intake procedures; approaching and escorting inmates; routine patrol; supervision of inmates and inmate groups; key control; verbal and physical techniques to minimize or respond to inmate violence or potential violence; and other training requirements
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U.S. v. County of Crittenden, State of Ark., Not Reported in F.Supp. (1990)

necessary to implement this Part.
V.
NON–DISCRIMINATORY ASSIGNMENTS OF HOUSING
In order to ensure that housing units are not assigned to inmates at CCJ solely on the basis of race, the Defendants shall implement the following measures and policies and procedures and shall institute the following measures by November 5, 1990, unless another time frame is specified.
1. Classification Procedures. No jailer shall assign housing units to inmates solely on the basis of race, and all jailers shall understand and strictly follow the Inmate Classification Procedures.
2. Inmate Grievances. Any inmate who believes that a housing unit was assigned to him or her solely on the basis of race shall be entitled to file an Inmate Grievance Form.
3. Jailer Identification. Any Jailer who believes that housing was assigned to any inmate solely on the basis of race immediately shall bring this matter to the attention of the Chief Jailer or Sheriff. The Chief Jailer or Sheriff shall then promptly address the situation and implement appropriate remedial measures, if warranted.
4. Training Concerning Housing Assignments. All jailers shall be trained in and evaluated upon the requirements of this Part not to assign housing units to inmates solely on the basis of race, including but not limited to, the Inmate Classification Procedures.
VI.
ACCESS TO COUNSEL AND LAW LIBRARY FACILITIES
In order to ensure that inmates at CCJ are provided with reasonable access to the courts, including access to

counsel and law library facilities, Defendants shall implement the following measures and institute the following policies and procedures by November 5, 1990, unless another time frame is specified.
1. Access to Counsel. (A) Each inmate shall be permitted to telephone his or her attorney or visit with his or her attorney at any time, except after 10:00 pm or before 8:00 am. Each inmate shall be entitled to visit with his or her attorney in the visitation areas or in the conference room outside the visitation areas.
(B) Jailers shall not discourage the use of attorney telephone contacts or visits. Jailers shall not interfere with inmates using the telephone to contact their attorneys or inmates visiting their attorneys, except for legitimate security exigencies. Each telephone conversation and visit shall be privileged but jailers retain the right to maintain security by observing the visits from a distance.
2. Access to Law Library Facilities. (A) Jailers shall make law books at the Crittenden County Courthouse available to inmates unrepresented by counsel within a reasonable period of time after a request by an inmate for such law books. Jailers shall supervise the use of law books, which shall take place in CCJ and not in the Courthouse. In the event that the inmate requests access to law books that are not available in the Crittenden County Courthouse but that are available in the Crittenden County Law Library, then jailers shall make arrangements to obtain the requested books from the Crittenden County Law Library and bring them to CCJ for review by the inmate. Upon completion of the inmate’s review, jailers shall return the books to the Crittenden County Law Library.
*17 (B) Jailers may take appropriate security precautions to ensure that the books made available to the inmates are not damaged or destroyed.
3. Training Concerning Inmate Access to Courts and Law Library Facilities. All jailers shall be trained in and evaluated upon the requirements set forth in this Part.
VII.
CLASSIFICATION PROCEDURES
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U.S. v. County of Crittenden, State of Ark., Not Reported in F.Supp. (1990)

1. Purposes of Classification. Inmates shall be classified for housing assignments to ensure the general safety of inmates and jailers, to protect inmates against physical assaults and indignities, and to minimize the likelihood of inmate aggressive or destructive behavior.
2. Classification Categories. The following classifications categories shall be used at CCJ:
(A) Felony pre-trial detainees—This category consists of adult male inmates detained at CCJ awaiting trial on various felony charges.
(B) Convicted misdemeanants—These inmates are serving sentences as a result of a misdemeanor conviction. CCJ utilizes the services of convicted adult male and female misdemeanants as trustees. Trustees work in the kitchen under the supervision of the kitchen staff, in the Courthouse under the supervision of county maintenance personnel, and with a county road crew under the supervision of county employees. Trustees volunteer for this work in order to receive meritorious good time.
(C) Convicted felons—This category consists of adult male inmates convicted of felony offenses for which they have been sentenced to the Arkansas Department of Corrections.
(D) Female inmates—All female inmates are included within this category.
(E) Juveniles—This category consists of male juveniles charged with felony offenses.
3. Assignment of Inmates by Classification Categories. Inmates within each of the classification categories shall be housed apart from inmates within each of the other classification categories. In addition, the following rules shall apply:
(A) Felony pretrial detainees—Pretrial detainees shall be separated appropriately to protect the safety of more vulnerable inmates.
(B) Convicted misdemeanants—These inmates shall be separated appropriately to protect the safety of more vulnerable inmates.
(C) Convicted felons—Under circumstances of temporary shortages of space, but only with the written approval of the Sheriff or Chief Jailer, convicted felons may be

housed with pretrial detainees who are physically, mentally, and psychologically compatible.
(D) Female inmates—These inmates shall be provided living quarters separate from those of males inmates by sight and sound.
(E) Juveniles—Juveniles shall be provided living quarters separate from those of adults by sight and sound.
4. Protective Segregation. (A) Jailers shall, when appropriate, place inmates in protective segregation in order to protect individual inmates and the general inmate population from harm or potential harm. Types of inmates who may be placed in protective segregation include, but are not limited to: those who are physically weak; those who are not mentally or physically capable of withstanding coercion; those who for other legitimate reasons may be more vulnerable or susceptible to being victimized by other detainees; those who are intoxicated or under the influence of drugs; those who exhibit possible serious mental health problems; and those who exhibit especially dangerous, violent, or destructive behaviors.
*18 (B) No assignments to protective segregation may be made unless approved, in writing, by the Sheriff or Chief Jailer. If the Sheriff or Chief Jailer are not reasonably available, the shift supervisor may temporarily assign an inmate to protective segregation until the Sheriff or Chief Jailer are available.
(C) Defendants shall develop identification and record keeping procedures for placing inmates in protective segregation. Documentation of all protective segregation procedures will be completed within four (4) hours of placement.
4. Staff Training Concerning the Proper Classification of Inmates. All jailers shall be trained in, and evaluated upon, the proper classification of inmates.
VIII.
TRAINING PROGRAM FOR JAILERS
1. Training Program for Jailers. (A) A training program
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U.S. v. County of Crittenden, State of Ark., Not Reported in F.Supp. (1990)

for jailers sufficient to enable them to implement the requirements of the Consent Decree and Implementation Plan shall be designed and implemented no later than November 5, 1990.
(B) All jailers shall satisfactorily complete a Jail Standard Course of at least forty (40) hours as soon after their hire date as they may be enrolled in the Jail Standard Course. Newly-hired jailers shall complete the Jail Standard Course before being independently assigned or permitted to independently supervise inmates. A newly-assigned jailer who is waiting to attend the Jail Standard Course, shall, prior to the satisfactory completion of the Jail Standard Course, receive forty (40) hours of on-the-job training by an appropriately trained jailer.
(C) In addition to the Jail Standard Course, all jailers shall satisfactorily complete a minimum of twenty-four (24) hours per year of additional developmental training, except the Chief Jailer who shall satisfactorily complete a minimum of forty (40) hours per year.
(D) The Sheriff shall designate one jailer as the training officer. The training officer shall be responsible for providing or facilitating the continued training required, or for obtaining others to provide the training. The training shall not be provided exclusively by County employees. The training officer shall utilize materials published by the National Institute of Corrections Jail Center, the American Correctional Association, the National Sheriffs’ Association, or other appropriate organizations. Some of the training may be provided at CCJ, but the provision of training shall be separate and distinct from the jailers’ performance of official duties.
(E) Jailers shall participate in roll call training before each shift. Roll call training shall be limited to one topic per session, shall last no less than ten (10) minutes nor more than thirty (30) minutes, and shall be conducted before each shift change. Roll call topics should include those that jailers suggest, as well as those selected by the administrators. The instructor conducting the training should ask questions of the jailers and encourage the jailers to ask questions. A summary page of each training session shall be given to jailers during or immediately after roll call.
*19 (F) A detailed Training Program for CCJ Jailers based upon the training requirements of this Implementation Plan shall be developed and forwarded to the United States no later than November 5, 1990. This training program shall include a schedule of courses

planned for the next year, course title and content, planned participants and instructors, course provider, and course site.
(G) In order to ensure that the jailers are obtaining benefit from the training program, the training officer shall evaluate periodically each jailer, verbally and in writing, to determine the effectiveness of the training program. The Sheriff or Chief Jailer shall review these evaluations with the training officer and improve the training program as necessary.
2. Jailer Orientation Concerning Consent Decree and Implementation Plan. (A) Jailers shall receive orientation about the requirements of the Consent Decree and Implementation Plan sufficient to enable the jailers to implement them. This orientation shall be designed and provided to jailers no later than November 5, 1990.
(B) A Verification Statement concerning the orientation shall be dated and signed by each jailer and maintained at CCJ subject to inspection by the United States during the duration of this Consent Decree.
VIII.
PREVENT AND REDUCE THE EFFECTS OF OVERCROWDING
In order to prevent and reduce the effects of overcrowding, Defendants shall implement the following measures and institute the following policies and procedures.
1. Statement of Policy. Defendants recognize that it in desirable to limit the number of inmates at CCJ. Towards this goal, the Sheriff has sought and will continue to seek the cooperation of other law enforcement authorities in Crittenden County, Arkansas, and the Crittenden County Circuit Court Judges and other judges who have authority to commit persons to CCJ and the Arkansas Department of Correction to limit the number of inmates that are incarcerated in CCJ. The Sheriff shall explore with these officials reasonable alternatives to pretrial incarceration of felony detainees, as well as post-trial release of convicted misdemeanants.
18

U.S. v. County of Crittenden, State of Ark., Not Reported in F.Supp. (1990)

2. Maximum Number of Inmates at CCJ. No more than the following number of inmates shall be housed at CCJ while it is in its current facility: 130 maximum as of the date of the adoption of this Plan; 120 maximum two (2) months from the date of the adoption of this Plan; 110 maximum four (4) months from the date of the adoption of this plan; 100 maximum six (6) months from the date of the adoption of this Plan, after which the inmate population of CCJ shall not exceed 100. During any of these periods, no more than 14 female inmates, no more than 4 juvenile inmates awaiting trial as adults and no more than 14 convicted male misdemeanants shall be housed at CCJ.
3. Monthly Population Notification Requirements. Defendants shall forward to the Department of Justice, no later than the fifth of every month, the monthly population reports of the previous months. These reports shall include the number of inmates per housing unit and each inmate’s total length of stay at CCJ.
IX.
FUTURE JAIL CONSTRUCTION OR EXPANSION
*20 1. General Statement. (A) Crittenden County has contracted with Allied Correctional Services to provide a feasibility study to determine constitutional ways to

respond to an expanding jail population. Presentations have been made to the governing body of Crittenden County by this entity and further work is being done by it. Defendants are committed to doing everything within their power and the resources that are available to follow the recommendations of these consultants and to fulfill the ultimate goal of the construction of new or expanded jail facilities within Crittenden County, Arkansas, as soon in the future as may be practically and economically possible.
(B) At the present time, the CCJ task force is considering five options that have been proposed by Allied Correctional Services. These options are: (1) Construction of a new 203–bed jail with renovation of the existing jail for 67 beds for a total of 270 bed capacity; (2) outright construction of a new 270–bed jail facility; (3) Join with the state in construction of a 240–bed jail and construct 30–bed booking and lock-up in West Memphis; (4) State construction of a 240–bed Jail with renovation of the existing county jail to a 30–bed booking and lock-up system; (5) New construction of a 150–bed jail and renovation of the existing county jail for 67 beds.
2. New Construction Notification Requirements. Defendants shall promptly notify the United States of any actions taken to design or construct a new facility, and the impact that the proposed facility will have upon CCJ.
	  

19

 
 i~~~.~± ''
Office of the Assistant Attorney General

U.S. Department .* Justice
Civil Rights Division
Washington. D.C. 20530

CERTIFIED MAIL - RETURN RECEIPT REQUESTED
Honorable Brian Williams County Judge County Courthouse Marion, Arkansas 72364
Re: Notice of Intent to Investigate Crittenden County Jail, Marion, Arkansas
Dear Judge Williams:
I am writing to let you know of our intention to investigate conditions within the Crittenden County Jail in Marion, Arkansas. This investigation occurs pursuant to the Civil Rights of Institutionalized Persons Act, 42 U.S.C. S 1997.
The purpose of the investigation is to determine whether there exist any violations of the federal constitutional rights of persons residing in this facility. The initiation of this investigation in no way indicates any prejudgment on our part that federal rights have been violated. If any violations are found, we will look forward to conferring with you and your staff concerning corrective actions that might be appropriate.
As a means of commencing this investigation, I wish to propose an initial meeting in the near future between our attorneys and representatives of your office. It has been our experience that such a preliminary conference can substantially expedite the investigation process. We will also wish to arrange for our attorneys, consultants, and possibly agents of the Federal

U.S. v. Crittenden Co. JC-AR-002-001

- 2-
Bureau of Investigation to visit the facility. We shall be in touch with your staff to work out the specifics of our meeting and later visits. I greatly appreciate your cooperation in this matter.
Sincerely,
/
Wm. Bradford Reyl Assistant Attorney General
Civil Rights Division
cc: Scott Hunter ( /£'/•* Y ) Prosecuting Attorney Second Judicial Circuit 514 West Washington Jonesboro, Arkansas 72401
Sheriff R. L. Simmons ' ^ ' Crittenden County Jail Sheriff's Office Courthouse Marion, Arkansas 72364
Mr. George W. Proctor / Cj," i 1 /\ United States Attorney L 'L ' J 'J 327 Post Office and
Courthouse Building 600 West Capitol Little Rock, Arkansas 72203

 
 US. Departim. of Justice Civil Rights Division

Office of the Auittant Attorney Genenl

Wttkington. D.C. 20330

i
Honorable Brian Williams County Judge County Courthouse Marion, Arkansas 72364

Mi 1 1987

Re: Notice of Findings of Investigation, Crittenden County Jail

Dear Judge Williams:

On November 7, 1986, we notified you of our intent to commence an investigation of the Crittenden County Jail pursuant to the provisions of the Civil Rights of Institutionalized Persons Act, 42 U.S.C. § 1997, e_t seq. As the statute requires we are now writing to inform you of the findings of our investigation.

In the course of our investigation, we conducted a tour of the Crittenden County Jail with an expert consultant and Civil Rights Division personnel. In connection with these tours, our consultant examined policies and practices of the jail, and interviewed jail staff and prisoners.

Throughout our investigation, the jail staff provided us with substantial assistance. Our consultant expressed appreciation to Crittenden County officials for their cooperation, and we wish to join him in expressing our thanks.

In making these findings, we are cognizant that most persons confined to the Crittenden County jail are pretrial detainees or persons not convicted of any crime. The Fourteenth Amendment prohibits punishment of these pretrial detainees. Bell v. Wolfish, 441 U.S. 520 (1979). Due process restrictions on liberty beyond -initial incarceration must be reasonably related to some legitimate governmental objective. Ij3. For those individuals who have been convicted of a crime, the standard to be applied is the Eighth Amendment's proscription against cruel and unusual punishment. Rhodes v. Chapman, 452 U.S. 337 (1981).

U.S. v. Crittenden Co. JC-AR-002-002

- 2-
Based upon our extensive investigation, we believe that conditions exist at the Crittenden County Jail that deprive prisoners of their constitutional rights. Set forth below are our findings and the minimally necessary remedial actions. We will discuss only those areas which in our opinion are violative of the constitutional rights of prisoners committed to the Crittenden County Jail. These unconstitutional conditions include:
1. Medical Care
Our expert consultant concluded that prisoners' access to medical care is grossly inadequate. Newly admitted prisoners are not screened by medical personnel for existing medical conditions, including contagious diseases. Once accepted into the facility, there is no sick call procedure by which prisoners with medical complaints can obtain appropriate medical care. Our expert consultant noted numerous prisoners with serious unattended medical problems.
To the extent any medical care is provided at the jail, it is administered by unqualified corrections staff. Non-medical jail personnel are not properly trained to determine which prisoners should be seen by medical personnel, provide emergency medical care, distribute medication absent supervision by qualified medical personnel, or to treat prisoners withdrawing from alcohol or drugs. In addition, seriously mentally ill prisoners are not diagnosed or treated in any way. The facility has no room equipped to conduct medical examinations. There are no medical records at the facility.
Medication practices at Crittenden County Jail are dangerously deficient. Jail personnel permit family and friends to bring medication to persons confined in the facility. As jail personnel cannot identify medication brought into the facility, an illegal drug can be substituted for a legitimately prescribed medication. Absent any monitoring, drugs can easily be misused under these circumstances. Also, the practice of distributing a full day's supply of medication at one time prohibits effective monitoring of drug use. A prisoner may take all the medication at once, none of the medication, and/or sell the medication to other prisoners. These practices expose prisoners to serious and undue risks to their personal safety.
In sum, the lack of medical care at the Crittenden County Jail evidences deliberate indifference to the serious medical needs of prisoners. Estelle v. Gamble, 429 U.S. 97 (1976).
r •

2. Fire Safety

- 3-

Our expert consultant concluded that the lack of fire safety measures and the presence of numerous fire hazards at the jail pose an unreasonable risk to the life and health of prisoners.

Many hazardous conditions exist at the Crittenden County Jail that substantially increase the potential for a fire to ignite and quickly spread throughout the facility. Electrical outlets are overloaded and combustible material was found throughout the facility. While a smoke detection system exists, jail staff did not know how, or if, this system functions.

In the event of fire, safe evacuation of the jail facility is severely hampered. Keys and locks are not "touch-coded" to permit staff rapid and easy identification in heavy smoke. Breathing apparatus, allowing staff to move through heavy smoke, is absent. No emergency set of keys is kept at the facility. Foam mattresses, which emit deadly substances when ignited, are utilized in several parts of the facility. Numerous other fire hazards exist at the facility which pose direct threats to the lives of inmates. These deficiencies violate the constitutional rights of persons confined at the facility.

3 . Staffing and Security

Crittenden County Jail lacks adequately trained and sufficient numbers of staff. During the two days our consultant was at the facility, jail staff performed no security checks or rounds. Rather, staff were found segregated in the office on the second floor. Even the staff responsible for prisoners on the first floor of the jail consistently remained stationed in the second floor office leaving many prisoners unattended. This serious breach of basic security practices poses unreasonable risks to the personal safety of inmates. The lack of adequate supervision and training has resulted in violence among inmates, especially in the felony section of the facility. Assaults have resulted from gambling, loan sharking, and power struggles among the prisoners, which the jail staff make no effort to control or prevent. The inadequate security practices are even more egregious when juveniles are detained in the jail. During our visit, a drunk and disorderly twelve year old was being held in isolation, contrary to established jail regulations. Jail staff was informed that he was at serious ,. risk of injuring himself, yet no security checks werje conducted for a period of twelve hours or more.

- 4-

Finally, numerous other security breaches pose unreasonable

risks to inmate safety. Drugs are inadequately controlled

within the facility. Visitors are permitted to enter all

areas of the jail absent any security screening. Such;

practices are; responsible for the presence of contraband

within the jail.

'

4. Sanitation and Hygiene

Our consultant concluded that sanitation at the jail poses an unreasonable risk to the health and safety of prisoners. Ventilation is grossly inadequate. Toilet and shower facilities are in a state of disrepair. Moreover, shower facilities are inadequate for the number of prisoners who must utilize the single shower in cellblocks B-l and B-2. Personal hygiene materials are lacking. Cells are not kept clean nor are materials available to clean them. Finally, the absence of screens permits ready access by vermin to the jail.

Minimally Necessary Remedies

We find that the above conditions threaten the health and safety of prisoners confined in the Crittenden County Jail and constitute a pattern and practice that deprives the prisoners of their constitutional rights.

To rectify the deficiencies at the Crittenden County Jail and to ensure that constitutionally adequate conditions are achieved, we propose to enter into a legally binding and judicially enforceable agreement with Crittenden County which, at a minimum, would require the following remedies:

1. Adequate medical care must be afforded prisoners with serious medical needs.

2. Necessary fire prevention and protection measures must be implemented to alleviate threats to the lives and safety of prisoners.

3. Sufficient numbers of competent and trained staff must be employed to adequately supervise and protect prisoners from harm.

4. Adequate sanitation methods must be implemented in all areas of the jail.

We are prepared to provide you with our consultant's report or other technical assistance. Our attorneys will be contacting you shortly to arrange for a meeting to discuss this matter in greater detail. We seek to resolve this matter in a reasonable manner and in the spirit of cooperation intended by the Civil Rights of Institutionalized Persons Act, and look forward to working/ with County officials toward that -end.
Sincerely
Wm. Bradford Reynolds Assistant Attorney General
Civil Rights Division cc: Mr. R. L. Simmons
Sheriff Crittenden County All members of County Quorum Court
T" '

 
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U.S. District Court Eastern District of Arkansas (Jonesboro) CIVIL DOCKET FOR CASE #: 3:89-cv-00141-GH

TERMED

USA v. Crittenden County, et al Assigned to: Judge George Howard, Jr Demand: $0 Case in other court: USCA8, :00-00099-01083 Cause: 28:1343 Violation of Civil Rights

Date Filed: 07/13/1989 Jury Demand: Defendant Nature of Suit: 440 Civil Rights: Other Jurisdiction: U.S. Government Plaintiff

Plaintiff United States of America

represented by Andrew J. Barrick U. S. Department of Justice Special Litigation Section, Room 1742 Post Office Box 66400 Washington, DC 20035-6400 (202) 514-6249 LEAD ATTORNEY ATTORNEY TO BE NOTICED

Laurie J. Weinstein U. S. Department of Justice Special Litigation Section-Civil Rights Post Office Box 37076 Washington, DC 20066-7076 (202) 272-6453 TERMINATED: 11/10/1998 LEAD ATTORNEY ATTORNEY TO BE NOTICED

Richard M. Pence, Jr. U. S. Attorney's Office - Little Rock Eastern District of Arkansas 425 W. Capitol Ave. Suite 500 Post Office Box 1229 Little Rock, AR 72201-1229 (501) 340-2626 Email: richard.pence@usdoj.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED

V. Defendant Maggie Boals

represented by Joe M. Rogers

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Defendant Ed Bogard
Defendant Joe Bill Boone
Defendant Tommy Dickerson
Defendant Tecumseh Jones
Defendant Connie Moore
Defendant Lillian Morris
Defendant Vickie Robertson

Fogleman & Rogers 123 West Broadway Suite A West Memphis, AR 72301 (870) 735-1900 LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Joe M. Rogers (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Joe M. Rogers (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Joe M. Rogers (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Joe M. Rogers (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Joe M. Rogers (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Joe M. Rogers (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Joe M. Rogers (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

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Defendant Vera Simonetti
Defendant Buddy Suiter
Defendant Bill Weaver
Defendant Brian Williams
Defendant Richard E Busby
Defendant Crittenden County, Arkansas

represented by Joe M. Rogers (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Joe M. Rogers (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Joe M. Rogers (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Joe M. Rogers (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Joe M. Rogers (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Joe M. Rogers (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Date Filed 07/13/1989 08/04/1989 08/04/1989 09/13/1989

#

Docket Text

1 COMPLAINT (Summons(es) issued) and returned to: U.S. atty. for service (mkf) Modified on 06/29/1990 (Entered: 04/04/1990)

6 ANSWER by all defendants; jury demand (mkf) Modified on 07/08/1992 (Entered: 04/04/1990)

7 Demand for jury trial by defendants (mkf) Modified on 07/08/1992 (Entered: 04/04/1990)

8 Memorandum by plaintiff in opposition to defts' demand for a jury trial (mkf) Modified on 07/08/1992 (Entered: 09/13/1989)

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09/13/1989 06/29/1990
12/26/1990
03/18/1991 08/13/1991 10/23/1995 10/23/1995 10/27/1995
01/19/1996 01/19/1996 01/10/1997 10/08/1998 10/08/1998 10/21/1998

9 Notice by plaintiff of Preferred Address (mkf) Modified on 07/08/1992 (Entered: 09/13/1989)
10 SCHEDULING ORDER (P.Murray): jury trial set for 9:30 7/29/91 in Jonesboro; discovery due 6/3/91; status report due 6/17/91; pretrial info sheet due 6/17/91 for all parties; jy instr due 10 days prior to trial; witnss/xhbt list due 6/17/91 (cc: all counsel) (jct) Modified on 07/08/1992 (Entered: 06/29/1990)
11 CONSENT DECREE by Judge George Howard Jr. setting out conditions at the Crittenden County Jail to be complied with by December 31, 1992 terminating case (EOD 12/27/90) (cc: all counsel) DOCKET NOTE: FOR SCANNED COPY OF CONSENT DECREE; CLICK ON DOCUMENT #38) (mkf) Modified on 01/29/1999 (Entered: 12/27/1990)
12 COMPLANCE REPORT by defendants pursuant to the Consent Decree entered on 12/26/90 (mkf) Modified on 07/08/1992 (Entered: 03/18/1991)
13 Compliance Report by defendants for the period of Feb. 17, 1991 thur July 15, 1991 (mkf) Modified on 07/08/1992 (Entered: 08/13/1991)
14 ATTORNEY APPEARANCE for plaintiff USA by attorney Andrew J. Barrick (mkf) (Entered: 10/23/1995)
15 JOINT MOTION by plaintiff/defendant to amend and implement requirements of consent decree and plan for termination of decree (mkf) (Entered: 10/23/1995)
16 STIPULATED SUPPLEMENTAL ORDER approved by Judge George Howard Jr. granting motion to amend and implement requirements of consent decree and plan for termination of decree [15-1] EOD 10/27/95 (cc: all counsel) (mkf) (Entered: 10/27/1995)
17 Compliance Report for the period 10/27/95-1/1/96 filed by Crittenden County. (mkf) (Entered: 01/19/1996)
DOCKET NOTE: In order to avoid file being sent to the Records Center, it is currently filed with closed '98 files.(mkf) Modified on 08/28/1998 (Entered: 01/19/1996)
18 COMPLIANCE REPORT filed by defendant Crittenden County for the period of Jan. 1, 1996 thru December 31, 1996. (mkf) (Entered: 01/10/1997)
19 MOTION by movant Danny G Holbrook to intervene as party plaintiff (mkf) (Entered: 10/08/1998)
20 BRIEF by movant Danny G Holbrook in support of motion to intervene as party plaintiff [19-1] (mkf) (Entered: 10/08/1998)
21 ORDER by Judge George Howard Jr. directing the deft to respond to movant Holbrook's motion to intervene as party plaintiff [19-1] and to advise the Court of the status of this case within 30 days of the file-

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11/20/1998 11/24/1998 11/30/1998 11/30/1998 11/30/1998 12/02/1998 12/02/1998 12/02/1998 12/02/1998 12/03/1998 12/16/1998
12/16/1998 12/29/1998 01/04/1999 01/11/1999

stamped date of this Order. EOD 10/21/98. (cc: all counsel) (mkf) (Entered: 10/21/1998)
22 RESPONSE (objection) by deft Crittenden County to motion to intervene as party plaintiff [19-1] & Status Report (jct) (Entered: 11/20/1998)
23 REPLY by movant Danny G Holbrook to dft's objection to motion to intervene as party plaintiff [19-1] (mkf) (Entered: 11/24/1998)
24 RESPONSE IN OPPOSITION by plaintiff USA to motion to intervene as party plaintiff [19-1] and response to request for population statistics (tlw) (Entered: 11/30/1998)
25 MEMORANDUM by plaintiff USA in support of motion response [24-1] and declaration of Andrew J. Barrick regarding consent decree compliance (tlw) (Entered: 11/30/1998)
26 MEMORANDUM by defendant Crittenden County in support of motion response [22-1] (tlw) (Entered: 11/30/1998)
27 REPLY MEMORANDUM by David Moore to pltf USA and dft's responses to letter to the Court by David Moore. (mkf) (Entered: 12/02/1998)
28 REPLY MEMORANDUM by movant Danny G Holbrook to USA's response to motion to intervene as party plaintiff [19-1] (mkf) (Entered: 12/02/1998)
29 AFFIDAVIT by movant Danny G Holbrook regarding USA's motion response [24-1] (mkf) (Entered: 12/02/1998)
30 AFFIDAVIT of David Moore (mkf) (Entered: 12/02/1998)
31 BRIEF in Amicus Curaie filed by David Moore w/attached Exhibits in support. (mkf) (Entered: 12/03/1998)
32 ORDER by Judge George Howard Jr. denying Danny Holbrook's motion to intervene as party plaintiff [19-1] party Danny G Holbrook termed; the Clerk is directed to file correspondence received from David Moore regarding this action and to send a copy of this Order to Mr. Moore. EOD 12/16/98 (cc: all counsel) (mkf) (Entered: 12/16/1998)
33 CORRESPONDENCE by non-party David Moore filed at the direction of the Court in its Order entered 12/16/98 32. (mkf) (Entered: 12/16/1998)
34 NOTICE of appeal by movant Danny G Holbrook from District Court decision [32-1] (appeal fees paid) (2 certified copies to Clerk 8USCA), (cc: parties) (dac) (Entered: 12/30/1998)
DOCKET NOTE: Original File (2 volumes) forwarded to Doris Collins, Appeals Clerk by certified mail. (mkf) (Entered: 01/04/1999)
35 MOTION by movant Danny G Holbrook to stay (dac) (Entered: 01/13/1999)

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01/13/1999 01/21/1999 01/25/1999 01/29/1999 01/29/1999 02/03/1999 02/08/1999
02/18/1999 02/18/1999 03/01/1999 03/03/1999 03/10/1999 03/10/1999 03/10/1999
12/07/1999 12/07/1999
12/30/1999 02/22/2000

DOCKETING LETTER: 8 USCA Number 99-1083; court will consider this appeal on the original file (dac) (Entered: 01/21/1999)
DOCKET NOTE: 2 vols original files forwarded to 8USCA (dac) (Entered: 01/21/1999)
36 RESPONSE by pltf USA to Danny G. Holbrook's motion to stay [35-1] (jct) (Entered: 01/25/1999)
37 REPLY by movant Danny G Holbrook to pltf's response to motion to stay [35-1] (jct) (Entered: 01/29/1999)
38 Docket Note: Scanned copy of CONSENT DECREE entered 12/26/90 (mkf) Modified on 01/29/1999 (Entered: 01/29/1999)
39 ORDER by Judge George Howard Jr. denying motion to stay [35-1] (cc: all counsel) (dac) Modified on 02/08/1999 (Entered: 02/03/1999)
40 NOTICE by defendant Crittenden County of filing Compliance Report reflecting inmates to to be moved to new jail facility by February 28, 1999. (mkf) (Entered: 02/08/1999)
41 MOTION by movant David Moore to stay termination of the Consent Decree (dac) (Entered: 02/19/1999)
42 BRIEF by movant David Moore in support of motion to stay termination of the Consent Decree [41-1] (dac) (Entered: 02/19/1999)
44 MAIL Returned addressed to Laurie Weinstein marked attempted not known [39-1] (dac) (Entered: 03/05/1999)
43 APPENDIX (supplement) filed by movant David Moore re motion to stay termination of the Consent Decree [41-1] (jct) (Entered: 03/03/1999)
45 RESPONSE by deft Crittenden County to David Moore's motion to stay termination of the Consent Decree [41-1] (jct) (Entered: 03/10/1999)
46 BRIEF by deft Crittenden County in support of response [45-1] to David Moore's motion to stay (jct) (Entered: 03/10/1999)
47 ORDER by Judge George Howard Jr. denying David Moore's motion to stay termination of the Consent Decree [41-1] EOD: 3/10/99 (cc: all counsel) (jct) (Entered: 03/10/1999)
48 Per Curiam Opinion (8USCA) (dac) (Entered: 12/08/1999)
49 MANDATE from 8 USCA affirming the decision of the District Court [34-1] (original file remain in possession of Clerk USCA8) (dac) (Entered: 12/08/1999)
DOCKET NOTE: 2 vols original files returned from Clerk USCA8 and forwarded to Jonesboro office (dac) (Entered: 12/30/1999)
50 NOTICE by defendant Crittenden County of filing Compliance Report (tlw) (Entered: 02/22/2000)

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09/17/2001 11/27/2001 11/27/2001 01/02/2002

51 COMPLIANCE REPORT by deft Crittenden County (jct) (Entered: 09/17/2001)
52 JOINT MOTION by plaintiff USA, defendant Crittenden County to dismiss as substantial compliance has been achieved regarding the Consent Decree and plan of compliance entered in this case on December 26, 1990. (mkf) (Entered: 11/27/2001)
53 ORDER by Judge George Howard Jr. granting joint motion to dismiss [52-1] as deft Crittenden County is in substantial compliance with the orders entered by this Court. (cc: all counsel) (mkf) (Entered: 11/27/2001)
54 MAIL Returned addressed to movant David Moore consisting of filemarked copy of Order [53-1] with postal notation, "Returned to Sender, unknown" (tlw) (Entered: 01/02/2002)

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 United States v. County of Crittenden
United States District Court for the Eastern District of Arkansas, Jonesboro Division December 26, 1990, Decided ; December 26, 1990, Filed Civil Action No. JC89-141

Reporter: 1990 U.S. Dist. LEXIS 18112; 1990 WL 257949 UNITED STATES OF AMERICA, Plaintiff, v. COUNTY OF CRITTENDEN, STATE OF ARKANSAS; COUNTY OF CRITTENDEN QUORUM COURT, Maggie Boals, Ed Bogard, Joe Bill Boone, Tommy Dickerson, Tecumseh Jones, Connie Moore, Lillian Morris, Vickie Robertson, Vera Simonetti, Buddy Suiter, Bill Weaver; BRIAN WILLIAMS, County Judge; and RICHARD E. BUSBY, County Sheriff, Defendants

5. The Defendant County owns and funds the operation of the Crittenden County Jail (CCJ), Marion, Arkansas.
6. The Defendant Sheriff has responsibility for the day-to-day operation of the CCJ. In his official capacity, the Sheriff has the custody, rule, and charge of the CCJ and all prisoners confined therein.

Counsel: [*1] DICK THORNBURGH, ESQ., Attorney General of the United States, LAURIE J. WEINSTEIN, ESQ., and ARTHUR R. GREENBERG, ESQ., Special Litigation Division, Civil Rights Division, U. S. Department of Justice, Washington, D. C., RICHARD PENCE, ESQ., Assistant U. S. Attorney, Little Rock, Arkansas, for Plaintiff.
Joe M. Rogers, Esq., HALE, FOGLEMAN & ROGERS, West Memphis, Arkansas, for Defendants.

7. Defendant County Judge is the chairperson of the Quorum Court and exercises local executive authority, including the authorization and approval of disbursement of appropriated County funds and hiring of County employees.
8. Defendant Quorum Court exercises local legislative authority and has responsibility for the appropriation of funds for the expenses of the County, including the operation of the CCJ.

Judges: George Howard, Jr., United States District Judge. Opinion by: HOWARD
Opinion

9. On November 7, 1986, the Attorney General of the United States, by and through the Assistant Attorney General, Civil Rights Division, notified County officials of his intention to investigate alleged unconstitutional conditions of confinement at CCJ pursuant to the Civil Rights of Institutionalized Persons Act, 42 U.S.C. 1997.

Civil Rights
CONSENT DECREE
1. This Court has jurisdiction over this action pursuant to 28 U.S.C. 1345.

10. Following a thorough investigation of conditions at CCJ, on June 1, 1987, pursuant to the Civil Rights of Institutionalized [*3] Persons Act, 42 U.S.C. 1997, the Assistant Attorney General, Civil Rights Division, informed County officials of the findings of the United States.

2. Venue in the Eastern District of Arkansas is appropriate pursuant to 28 U.S.C. 1391(b).
3. The United States instituted this action on July 13, 1989, pursuant to the Civil Rights of Institutionalized Persons Act, 42 U.S.C. 1997 and met all pre-filing requirements stated in the statute.
4. The Defendants are the County of Crittenden; Brian Williams, County Judge; Richard E. Busby, County Sheriff; Maggie Boals, Ed Bogard, Joe Bill Boone, Tommy Dickerson, Tecumseh Jones, Connie Moore, Lillian Morris, Vickie Robertson, Vera Simonetti, Buddy Suiter, and Bill Weaver, Crittenden County Quorun Court. The individual defendants are sued in their [*2] respective official capacities.

11. Additional tours of the CCJ were made on November 3718, 1988, May 17, 1989, August 10, 1989, and September 1112, 1989.
12. The parties agree that the confinement of inmates at CCJ implicates rights, privileges or immunities of these inmates that are secured or protected by the Constitution of the United States. The parties entering into this decree recognize these constitutional interests.
13. In entering into this Consent Decree, Defendants do not admit any violation of law and this Consent Decree may not be used as evidence of liability in any other civil proceeding.
14. The provisions of this Consent Decree are a lawful, reasonable, and equitable resolution of this case.

1990 U.S. Dist. LEXIS 18112, *3

Page 2 of 14

15. This Consent Decree shall be applicable to and binding in his or her official capacity, shall ensure that the following

upon all parties, their officers, agents, employees, assigns, and actions will be taken:

their successors in office in their official capacities only.

1. Within 30 days after the entry of this Consent Decree, a

I. Purposes and Objectives

road deputy shall be designated during each shift to respond

to calls for assistance from Jailers, in the event that such

The Defendants and the United States stipulate and agree that assistance is required. In addition, at all times there shall be at

the purposes and objectives of this Consent Decree are to least two (2) Jailers on duty in areas housing male inmates.

ensure that Defendants establish, [*4] to the extent that each

is responsible in his or her official capacity, as promptly as 2. Immediately upon the entry of this Consent Decree, Jailers

practicable the following conditions at CCJ in order to shall make visual security checks during their rounds of all

guarantee that inmates at the facility are not being deprived of units at least once each thirty (30) minutes.

rights, privileges or immunities secured to them by the

Constitution of the United States:

3. Within 30 days after the entry of this Consent Decree, install closed circuit [*6] cameras in the one cell on each

1. Inmates at CCJ shall be provided adequate access to floor that is to be used for purposes of administrative

medical and mental health care.

segregation.

2. Inmates at CCJ shall be provided a physical environment that poses no unreasonable life safety risks to the inmates.
3. Inmates at CCJ shall be provided adequate sanitation to protect inmates from unreasonable risks to their health and physical safety.
4. A sufficient number of adequately trained and supervised staff shall be employed to provide reasonable safety for inmates, including protection from acts of physical violence by other inmates.
5. Inmates at CCJ shall not be assigned to housing units on the basis of race.

4. Within 30 days after the entry of this Consent Decree, provide or install a security system at CCJ that enables Jailers, when conducting rounds at CCJ or engaging in other activities, to notify personnel assigned to the control room of emergency circumstances or other events requiring additional assistance. This system may include, but need not be limited to, audio, buzzer type communications systems or walkietalkies.
5. Within 10 days after the entry of this Consent Decree completely clean and sanitize the entire jail, including toilets, wash basins, shower facilities, and windows and window screens; and provide hot water to all units in which inmates are housed.

6. Inmates at CCJ shall be provided with reasonable access to the courts, including access to counsel and to law library facilities.
7. The effects of overcrowding at CCJ shall be reduced and prevented.
These purposes and objectives shall be achieved and maintained at CCJ by implementing [*5] the requirements set forth in Part II of this Consent Decree, and by fulfilling the requirements of the Implementation Plan (Plan) attached hereto and incorporated by reference herein. Defendant Quorum Court agrees to make all necessary appropriations to ensure the full and timely implementation of this Consent Decree and Plan.
II. Conditions Requiring Immediate Correction
In order to eliminate conditions which pose an immediate and unlawful threat to the health and safety of inmates at the CCJ, Defendants, to the extent that each is responsible

6. Within 10 days after the entry of this Consent Decree, acquire and appropriately place within CCJ an adequate number of charged fire extinguishers, and remove, replace, or repair all frayed, worn, or otherwise exposed electrical wiring.
7. Immediately upon the entry of this Consent Decree, have inmates screened upon admission for health problems, and within fifty-four (54) hours after admissions, be examined by a qualified [*7] medical professional. A qualified medical professional shall visit the CCJ at least three (3) days each week to assess and address the medical needs of inmates.
III. Implementation Plan
1. In order to establish compliance with this Consent Decree, Defendants herewith file their Plan for implementing the provisions of this Consent Decree. The purpose of this Plan is to fulfill the requirements of the Consent Decree by establishing certain rules, regulations, and guidelines for the maintenance and operation of CCJ,

1990 U.S. Dist. LEXIS 18112, *7

Page 3 of 14

and to outline specific improvements in the operation and The Defendants shall have the burden to persuade the Court

physical condition of this facility. The scope of this Plan is that the modified Plan is adequate under this standard.

limited to addressing the issues contained within the Consent Decree, and does not purport to be a complete operational plan or series of procedures for CCJ. The requirements set forth in this Plan are supplementary to those set forth in the Consent Decree.

4. Upon reasonable notice to the Defendants, the United States and its attorneys, consultants, and agents shall have reasonable access to the facilities, records, inmates, and employees of CCJ for purposes of obtaining or determining compliance [*10] with the Decree. Such access shall continue

2. The parties agree that the Defendants' failure to implement until this Consent Decree is terminated.

the Implementation Plan, attached hereto, will be a violation

of this Consent Decree.

5. Defendants shall provide answers to written questions from

the United States regarding the status of compliance and

IV. Construction and Implementation

implementation of the Consent Decree and Plan and any

1. Defendants shall keep such records as will fully document that the requirements of this Consent Decree and [*8] Plan are being properly implemented, including, but not limited to,

matters reported in Defendants' compliance reports. Such responses shall be due within 20 days of receipt by the Defendants of the written questions.

records describing training programs offered to and taken by 6. All parties shall bear their own costs, including attorney

jailers and any inspections of CCJ by non-CCJ personnel. fees.

Defendants shall also maintain any and all other records required by or developed under the Consent Decree or Plan. V. Termination of Consent Decree

Such records shall be made available at CCJ at all reasonable

times for inspection and copying by the United States.

1. The parties contemplate that the Defendants shall have

fully and faithfully implemented all provisions of this Consent

2. A. The Defendants shall submit compliance reports to the Decree and Plan attached hereto on or before December 31, United States and the Court, the first of which shall be filed 1992.

within 60 days after the entry of the Consent Decree. Thereafter, the reports shall be filed quarterly, fifteen (15) days after the end of each quarter continuing until this Consent Decree is terminated.

2. The Court shall retain jurisdiction of this action for all purposes under this Consent Decree and Plan until the Defendants shall have fully and faithfully implemented all provisions of this Consent Decree and Plan attached hereto

B. The compliance reports shall describe the actions the and until the judgment be discharged.

Defendants have taken during the reporting period to implement this Consent Decree and Plan with specific reference to the provisions of the Consent Decree and Plan on which they are reporting. The Defendants shall submit records or other documents that Bill verify or establish that they have taken such actions and shall also provide all documents reasonably requested by the United States.

3. On or after the date on which the Defendants shall have fully and faithfully implemented all provisions of this Consent Decree and Plan attached hereto, the Defendants may move that the injunctions entered herein be dissolved, [*11] the judgment discharged, jurisdiction terminated, and the case closed and dismissed with prejudice on the ground that Defendants have fully and faithfully implemented and

3. [*9] If the Defendants seek to modify the Plan or any maintained all provisions of the Consent Decree and Plan portion thereof, then Defendants shall notify the Court and the attached hereto.

United States of the proposed modification. The United States shall have sixty (60) days from the receipt of any proposed modification in which to file a response to the proposed modification with the Court. If the United States objects to the proposed modification sought, then Defendants and the United States shall confer in an effort to resolve their differences through negotiation. If Defendants and the United States are unable to resolve their differences, then the adequacy of the proposed modification shall be determined by the Court. The parties agree that the standard for adequacy shall be whether the proposed modification will serve to achieve the purposes and objectives set forth in Part I of this

4. Dismissal shall be granted unless, within sixty (60) days after receipt of the Defendants' motion, the United States objects to such motion. If an objection is made with particularity, the Court shall hold a hearing on the motion and the burden shall be upon the United States to demonstrate that Defendants have not fully and faithfully implemented all provisions of this Consent Decree or any approved Plan or any part thereof and, if objection is based upon failure to implement the Plan or part thereof, that such Plan or part thereof is essential to the achievement of one or more of the purposes and objectives set forth in Part

Consent Decree.

1990 U.S. Dist. LEXIS 18112, *11

Page 4 of 14

I of this Consent Decree. If the United States fails to meet this Implementation Plan, attached hereto, and the Court being

burden, the injunctions shall be dissolved, the judgment shall advised in the premises, this Consent Decree and attached

be discharged, jurisdiction shall be terminated, and the case Implementation Plan is hereby entered as the JUDGMENT of

shall be closed and dismissed with prejudice.

this Court.

5. The parties recognize that at the time of the signing of this Consent Decree, [*12] the County is reviewing the option of constructing a new jail facility. Nothing in this Consent Decree shall be interpreted to prohibit the construction of such a facility. Defendants may move to terminate this Consent Decree and dismiss this action if and when a new jail is built, Crittenden County inmates are housed there, and the existing facility is closed permanently; provided that the Defendants give the United States timely notice of the opening of the new jail, the closing of the existing facility, and an opportunity to examine conditions at the new jail to determine compliance with constitutional standards. In these circumstances, if the United States objects to the termination of this Consent Decree, then the United States shall have the burden to demonstrate to the Court that the conditions at the new jail are depriving inmates there of their constitutional rights.
This Consent Decree shall continue to apply to the existing facility consistent with the terms and provisions of this Decree if the existing facility continues to be used to house inmates, notwithstanding the construction of a new jail facility.

SO ORDERED this 26 day of December, 1990, at Little [*14] Rock Arkansas.
ATTACHMENT
IMPLEMENTATION PLAN FOR THE CRITTENDEN COUNTY, ARKANSAS, JAIL
PURPOSE AND SCOPE
This Implementation Plan (Plan) is being submitted on behalf of Defendants in compliance with the terms of the Consent decree dated 12/26, 1990. The purpose of this Plan is to fulfill the requirements of the Consent Decree by establishing certain rules, regulations, and guidelines for the maintenance and operation of the Crittenden County Jail (CCJ), and to outline specific improvements in the operation and physical condition of this facility. The scope of this Plan is limited to addressing the issues contained within the Consent Decree and does not purport to be a complete operational plan or series of procedures for CCJ. The requirements set forth in this Plan are supplementary to those set forth in the Consent Decree.

Consented to by the undersigned:

I.

FOR THE COUNTY OF CRITTENDEN:
[*13] BRIAN WILLIAMS, County Judge, RICHARD E. BUSBY, County Sheriff, JOE M. ROGERS, County Counsel, MAGGIE BOALS, Quorum Court, ED BOGARD, Quorum Court, WILLIE MAE UPSHAW, Quorum Court, TOMMY DICKERSON, Quorum Court, TECUMSEH JONES, Quorum Court, CONNIE MOORE, Quorum Court, LILLIAN MORRIS, (Deceased), Quorum Court, VICKIE ROBERTSON, Quorum Court, VERA SIMONETTI, Quorum Court, BUDDY SUITER, Quorum Court, BILL WEAVER, Quorum Court.
FOR THE UNITED STATES OF AMERICA
JOHN R. DUNNE, Assistant Attorney General, Civil Rights Division. CHARLES A. BANKS, United States Attorney, Eastern District of Arkansas. ARTHUR E. PEABODY, JR., Chief Special Litigation Section, BENJAMIN P. SCHOEN, Deputy Chief, Special Litigation Section, LAURIE J. WEINSTEIN, ARTHUR R. GREENBERG, Attorneys, U.S. Department of Justice, Civil Rights Division, Washington, D.C.

MEDICAL AND MENTAL HEALTH CARE AND PROCEDURES
In order to provide inmates at CCJ with adequate access to medical and mental health care, Defendants shall implement the following measures and institute the following policies and procedures by November 5, 1990, unless another time frame is specified in this Plan.
1. Medical Screening Upon [*15] Admission. (A) Trained jailers shall screen all inmates, immediately upon their admission to CCJ, for medical and other problems to ensure that newly admitted inmates receive appropriate medical care and do not endanger the health of other inmates. Jailers shall properly and promptly complete the Medical Screening Upon Admission form.
(B) Trained jailers shall determine, upon each inmate's admission and in addition to other medical screening procedures, whether that inmate is receiving or is otherwise in need of prescription medication. If an inmate is receiving prescription medication, then jailers shall verify these medications by contacting the prescribing

WHEREFORE, the parties to this action having agreed to the provisions in the Consent Decree set forth above, and in the

1990 U.S. Dist. LEXIS 18112, *15

Page 5 of 14

pharmacy or an appropriate physician, and shall obtain medical attention. All inmates shall be entitled to complete

needed prescription refills promptly.

Request for Medical Care forms if they so request. Jailers

shall collect these forms and refer them to the qualified

(C) Jailers shall refer inmates who display the following medical care professional.

characteristics to an appropriate medical facility:

unconsciousness; convulsions; significant bleeding or (C) [*18] After an inmate has been seen by any qualified

injuries; alcohol or drug withdrawal; inability to walk; medical care professional, that qualified medical care

childbirth labor; obvious mental illness; or obvious trauma. professional shall be required to complete a Doctors' Orders

Upon observing any of these conditions, the jailer shall report to the Jailer form. These orders shall be signed and dated by

the emergency to the shift supervisor who shall be responsible the supervisory jailer. Jailers shall follow all doctors' orders,

for seeing that the inmate [*16] is transported to the and shall complete the Follow-up to Qualified Medical Care

appropriate medical facility. The jailer who observes Professional Orders form.

emergency situations shall also complete an Unusual or

Special Incident Report. All Unusual or Special Incident 6. Medical Examination Room. A secure examination room

Reports shall be reviewed by the Chief Jailer and Sheriff in shall be maintained at CCJ with necessary medical equipment

accordance with Part IV, Section 5, of this Plan.

and supplies.

2. Hygiene Pack. Jailers shall distribute to each inmate upon admission a hygiene pack that includes, at a minimum, toothpaste, toothbrush, deodorant, soap, and shampoo. Feminine hygiene products shall be supplied to female inmates. Jailers shall also distribute replacement items for the hygiene pack. Towels will be provided for those inmates who cannot otherwise obtain them and razors will be provided in accordance with appropriate safety measures.
3. Initial Health Screening by a Qualified Medical Care Professional. A qualified medical care professional shall initially examine each inmate as soon as possible after admission into CCJ, but no later than seventy-two (72) hours after admission. Any inmate who identifies a medical problem at the initial screening or whose initial screening indicates a serious medical problem shall be seen no later than forty-eight (48) hours [*17] after admission. The qualified medical care professional shall, among other things, appropriately document each initial health screening and review the status of prescribed medications. Jailers shall promptly obtain any prescribed medications for use by any inmate for whom prescriptions have been ordered.
4. Fourteen (14) Day Health Assessment by a Qualified Medical Care Professional. A qualified medical care professional shall perform, and appropriately document, a full health assessment for each inmate within fourteen (14) days after admission to CCJ.
5. Non-Emergency Medical Services. (A) A medical doctor, or registered or licensed nurse, shall be on duty at CCJ, at least three (3) days of each week, to observe and examine each inmate who requests or is determined to need medical attention. At least two (2) of these days shall be nonconsecutive.
(B) Jailers shall complete a Request for Medical Care form for each inmate who requests or is determined to need

7. Emergency and Other Urgent Medical and Dental Needs. (A) Each inmate shall receive prompt emergency medical attention. Jailers shall consult with qualified medical care professionals and organizations as necessary, and shall not deny medical care to inmates based upon the judgment of jailers that the inmate does not require such care. The following occurrences shall always constitute an emergency requiring immediate medical attention: severe bleeding; unconsciousness; head injury; sudden onset of bizarre behavior; health or life-threatening situation; suicide attempt; severe burns; or severe pain.
(B) If emergency care is beyond that which can be provided adequately [*19] at CCJ, then jailers shall arrange to transport inmates promptly to emergency facilities for evaluation and treatment. If the inmate is ambulatory, then jailers may transport that inmate to the hospital. If the inmate is not ambulatory, then jailers shall request assistance from the Marion Fire Department to transport the inmate.
(C) The Crittenden Memorial Hospital Emergency Room is the primary emergency facility to be used. The telephone numbers for the Crittenden Memorial Hospital and the Marion Fire Department shall be posted in prominent places within CCJ.
(D) In the event emergency care is provided, then jailers shall complete the Report of Emergency Medical Care form, and shall bring this form to the attention of the jail physician or qualified medical care professional upon his next visit to CCJ.
8. Health Care Consults. Inmates shall receive such specialized consultations and health care as may be deemed necessary by a qualified medical care professional. Nonemergency referrals shall be to the East Arkansas Family Health Center or the Mediquik Clinic, both of which are located in West Memphis, Arkansas.

1990 U.S. Dist. LEXIS 18112, *19

Page 6 of 14

9. Dental Services. Inmates shall receive such dental prescription medications that are not specifically prescribed

care [*20] as may be deemed necessary by a qualified for that inmate.

medical care professional. Inmates shall be examined for

possible dental problems at the time of the fourteen (14) day (C) Medications subject to abuse shall be prescribed by a

health assessment. If this examination reveals that an inmate qualified medical care professional only when medically

needs dental treatment for relief of pain or because the indicated. All such medications shall have stop order time condition endangers his or her health, then jailers shall make periods and re-evaluation by the qualified medical care

an appointment for the inmate at the East Arkansas Family professional prior to renewal of medication. Inmates shall not

Health Center to obtain necessary dental care. The medical be tranquilized to make them more manageable.

care professional shall also instruct the inmate concerning

dental hygiene.

(D) Each administration of medication shall be recorded on

Inmate's Medication Records and are initialed by the persons

(B) Any inmate shall be entitled to request dental care by administering the medication. If prescribed medication is not

completing the Request for Medical Care form. Emergency given, then jailers shall note the reason. After a prescription is

dental problems shall be addressed as emergency medical finished or the inmate released, the medication record shall be

problems in accordance with Part I, Section 7, of this Plan.

added to the inmate's individual medical record. Jailers shall

inventory all prescribed medications, needles, and syringes

10. Mental Health Services. (A) Inmates shall receive such daily.

mental health care as may be deemed necessary by a qualified

medical care professional. Jailers shall not attempt to (E) The East Arkansas Family Health Center Pharmacy fills

diagnose mental illness.

prescriptions for CCJ inmates. Unless otherwise directed by a

qualified medical care professional, jailers [*23] shall request

(B) In the event of a mental health emergency, such as an the liquid form of the medication, if available. Jailers shall

attempted suicide, the jailer shall contact his shift supervisor print the total number of pills dispensed on each individual

who shall immediately call the East Arkansas Mental Health prescription label to facilitate an inventory of the drug. All

Center in West Memphis, Arkansas. If an [*21] appointment prescriptions shall be ordered individually by the physician.

for an immediate evaluation cannot be made with the East

Arkansas Mental Health Center, then the shift supervisor shall (F) Jailers shall not at any time transfer the inmate's

contact the Arkansas State Hospital in Little Rock, Arkansas, medication from the prescription container or commercial

for an emergency evaluation. Jailers or other Crittenden over-the-counter container to any other container unless

County Sheriff's personnel shall transport the inmate for specifically ordered to do so by the jail physician or other

emergency evaluation.

qualified medical care professional.

(C) Jailers shall be familiar with and follow the procedures set (G) Jailers shall identify properly each inmate who has been

forth in Procedures to Follow in Dealing with Emotionally ordered to receive medication prior to giving any medication

Disturbed Inmates.

to such inmate.

11. Food Service. (A) Inmates shall be provided with three meals per day, not counting snacks. Two of the three meals must be hot meals. The evening meal shall be served no more than twelve (12) hours from the next day's breakfast.
(B) A licensed dietician or licensed nutritionist shall evaluate the food service quarterly to ensure that the diet of the inmates contains appropriate nutritional content.
12. Administration of Medication. (A) Jailers shall properly maintain prescription medication at CCJ and administer these medicines in accordance with the written prescriptions and the provisions of this Section.
(B) All prescription medications shall be kept in a locked cabinet or drawer. Only qualified medical [*22] professionals or jailers trained to perform such functions by qualified medical care professionals shall administer medications. Jailers shall not allow any inmate to take

(H) Unless specifically ordered by the qualified medical care professional in individual cases, jailers shall not allow any inmate to keep medication on his or her person or to selfadminister medication. Medications must be taken in the presence of the jailers administering it. Unless medication is in the liquid form, Jailers shall require an inmate, after the administration of medication to that inmate, to drink a glass of water. Jailers shall observe that inmate swallowing, have that inmate talk immediately after swallowing, [*24] or observe that inmate for several minutes to ensure ingestion of the medication.
(I) Jailers shall ensure that any inmate who refuses prescribed medication sign a statement to that effect which will be filed in that inmate's medical record. That inmate shall then see the qualified medical care professional during his next scheduled visit.

1990 U.S. Dist. LEXIS 18112, *24

Page 7 of 14

13. Medical Records. (A) Defendants shall maintain an appropriate medical record for each inmate. The inmate's medical record shall contain: (1) the initial screening form; (2) the health appraisal data forms; (3) all diagnosis, treatment, disposition, prescription and administration of

3. Integrated Fire Alarm System. The CCJ shall be equipped with an integrated fire alarm system with a direct linkage to the West Memphis Fire Station no later than November 5, 1990.

medication; (4) laboratory, x-ray and related diagnostic studies; (5) consent and refusal forms whenever indicated; (6) discharge summary of hospitalizations; (7) any health service or consultant's reports; and (8) any specialized treatment plan if one exists.

4. Fire Drills. (A) Monthly fire drills shall be conducted at CCJ. At least one-half of these drills will not be announced in advance. These drills shall be distributed appropriately among work shifts and on weekends. At least one-half of these drills shall involve the relocation of some CCJ inmates to safe

(B) No inmate's medical record shall be part of that inmate's evacuation zones.

confinement record. Medical records will be stored in a secure place and in such a manner that only personnel authorized by the qualified medical care professional have access to the records and to the information contained in them.

(B) Drills shall be held with qualified fire department officials at least twice yearly to familiarize jailers with emergency procedures, responsibilities, and [*27] possible contingencies.

15. Staff [*25] Training Concerning Medical and Mental Health Care and Procedures. Jailers shall be trained by qualified medical care professionals in appropriate aspects of initial screening and continuous medical care, dental

(C) The Chief Jailer shall maintain records of all fire drills, and for each fire drill shall note areas in need of improvement and measures taken to address any identified deficiencies.

evaluation techniques and mental health care, including suicide signs and symptoms, for the purposes of making appropriate referrals to qualified medical providers. All jailers shall also be trained in and evaluated upon the necessity for the proper and timely completion of medical care forms. All jailers shall be certified in CPR and first aid training on a

5. Removal of Flammable Materials. (A) Jailers shall conduct a daily inspection for flammable materials, in accordance with the Daily Environmental Inspection, and shall remove fire hazards, including excess personal clothing and other items, from CCJ immediately upon detection.

yearly basis.

(B) Jailers shall look for the following items which may be

II.

hazardous or flammable: unreasonable amounts of

newspapers, magazines or other printed materials, excess

LIFE SAFETY

personal clothing and any other items which are non-essential in the cells and which could be combustible. Jailers shall

In order to provide a physical environment at CCJ that poses no unreasonable life safety risks, Defendants shall implement the following measures, and institute the following policies and procedures by November 5, 1990, unless another time frame is specified in this Plan.

remove such items or have such items removed. If the removed items are to be returned to the inmates at a later time, then jailers shall store them in an area which is not accessible to the inmates and which is not exposed to heat or flames.

1. Fire Safety Inspections and Plans. The CCJ shall be inspected by local fire prevention officers at least on a yearly basis to meet local fire safety codes. Deficiencies identified in those inspections shall be corrected. Defendants shall obtain a qualified professional non-county fire safety consultant to assist [*26] in the drafting and implementation of fire safety plans by November 1990. A copy of all fire safety inspections and plans shall be forwarded upon receipt to the Department of Justice.

(C) Jailers shall not abuse fire safety rules in order to punish or discipline inmates.
6. Breathing Apparatus. By November 5, 1990, CCJ shall be equipped with two oxygen [*28] breathing apparatuses that enable jailers to work in smoke filled areas. The breathing apparatuses shall be maintained in an area to be determined by the recommendations of the qualified professional fire safety consultant.

2. Evacuation Plan. A current Evacuation Plan, prepared in conjunction with the West Memphis Fire Department, shall be posted in all CCJ corridors and shall remain posted until replaced by an evacuation plan developed in conjunction with the qualified professional fire safety consultant identified in Part II, Section I, of this Plan.

7. Electrical Repairs and Inspections. (A) All electrical repairs shall be made promptly. All wiring shall accommodate security lighting, and necessary optionally lighted sleeping areas shall be provided. If there are additional repairs that remain to be completed because of lack of materials, then they shall be completed

1990 U.S. Dist. LEXIS 18112, *28

Page 8 of 14

immediately upon receipt of such materials and no later than

November 5, 1990.

(B) Jailers shall supervise the cleaning activities daily and

perform inspections daily, whether the cleaning is performed

(B) Jailers shall inspect CCJ daily, in accordance with the by the inmates or paid employees. Shift supervisors shall

Daily Environmental Inspection, to detect any exposed wiring oversee all cleaning operations to ensure that the jailers'

or defective receptacles. If the inspection reveals damaged orders to inmates regarding cleaning procedures are clear and

wiring or receptacles, then jailers shall notify the shift concise.

supervisor who shall immediately contact an electrician to

make the necessary repairs. Jailers shall supervise inmates to (C) If inmates refuse to assist in cleaning, then telephone,

prevent them from injuring themselves or destroying commissary, television, or other privileges may be withheld.

electrical receptacles.

Any jailer withholding such privileges shall follow

appropriate CCJ disciplinary procedures.

(C) Jailers shall visually inspect and search cells for evidence

of use of electrical wiring or receptacles in making home- (D) Jailers shall maintain a strict accounting of the numbers of made [*29] weapons, and if such evidence is found, then cleaning implements that are given to and returned by the

jailers shall conduct a more thorough and complete search of inmates. Jailers shall conduct an [*31] immediate search to

the surrounding areas.

discover the whereabouts of the missing cleaning implements.

Jailers shall also conduct pat down searches of all inmates

(D) If exposed wiring or damaged receptacles create a hazard after they complete cleaning assignments.

to the safety of inmates or others, then jailers shall remove

inmates to an area of CCJ where they will not be exposed to 3. Clothing. (A) Inmates shall be provided with clean and

dangerous wiring or damaged receptacles.

appropriate clothing, which may be CCJ uniforms. All inmates shall be provided with at least two changes of outer

8. Staff Training Concerning Life Safety. (A) Jailers shall be clothing and with at least three changes of under clothing.

trained in and evaluated upon appropriate aspects of life Towels shall be provided by the inmates; however, if an

safety, including, but not limited to, the implementation of the inmate does not have towels, then towels shall be provided for

Evacuation Plan, and inspection techniques and proper that inmate.

removal of fire safety hazards from inmates' cells.

(B) Inmate clothing shall be washed and dried at CCJ by

(B) Present jailers shall be trained in the use and operation of trustees or staff according to a schedule, which shall be posted

the artificial breathing apparatus or any other breathing for inmate viewing. Inmates shall have an opportunity to

apparatus within thirty (30) days. Newly-hired jailers shall be change into clean under clothing once a day and the

trained before they are assigned.

opportunity to change into clean outer clothing at least three

times per week.

III.

(C) No inmates shall be permitted to possess belts or

Sanitation

shoestrings.

In order to ensure that adequate sanitation is provided to protect inmates from unreasonable risk to their health and safety, Defendants shall implement the following measures and institute the following policies and procedures by November 5, 1990, unless another time frame is specified in this Plan.

4. Staff Training Concerning Sanitation. Jailers shall be trained in and evaluated upon proper inspection techniques to identify sanitation hazards and proper supervision techniques concerning the inmates' cleaning of cells and common areas.
IV.

1. Plumbing [*30] Repairs. Defendants shall employ licensed plumbers from time to time to make needed repairs to all showers, commodes, basins, and water lines. By December 1, 1990: all presently needed repairs shall be completed; all showers shall have hot water; all leaking toilets shall be repaired.
2. Cleaning. (A) CCJ, including the cell block and common areas, commode and shower areas, and windows and screens, shall be maintained in a general state of cleanliness. Jailers shall develop and monitor cleaning schedules.

STAFFING AND SECURITY
[*32] In order to ensure that a sufficient number of adequately trained and supervised staff are employed to provide for the safety of inmates, including protection from acts of violence from other inmates, Defendants shall implement the following measures and institute the following procedures and policies by November 5, 1990, unless another time frame is specified in this Plan.
1. Minimum Staffing Levels. (A) CCJ staffing shall consist of a minimum of twenty-five (25) full-time equivalent

1990 U.S. Dist. LEXIS 18112, *32

Page 9 of 14

(FTE) jailers for every one hundred (100) inmates no later all inmates on an unscheduled and irregular basis. No more

than six months from adoption of the Plan. Until that time, the than thirty (30) minutes between checks shall be permitted,

number of jailers shall not fall below twenty-one (21) FTE except with juveniles and those inmates housed in Cell Blocks

jailers. At the staffing level of 21 FTE jailers, there shall be a B-1 and B-2, where unscheduled and irregular checks shall be

minimum of three (3) jailers on duty during the 11:00 pm to made no less than every fifteen (15) minutes and shall include

7:00 am shift; a minimum of five (5) jailers on duty from the physical patrol of all catwalk areas.

3:00 pm to 11:00 pm shift; and a minimum of seven (7) jailers

on duty from the 7:00 am to 3:00 pm shift, including (B) Jailers shall incorporate the elements described in

weekends and holidays.

Elements for Routine Patrol into [*35] their security checks. Jailers shall record all security checks, which shall then be

(B) Shift times may be rearranged or overlapped as long as validated by the shift supervisor.

the above minimum numbers are met during the identified

times.

5. Reporting Unusual or Special Incidents. (A) An

identification and record keeping procedure for promptly

(C) Jailers shall not be requested, nor permitted, to work an identifying and documenting any incidents created or

amount of overtime [*33] that would interfere with their perpetrated by or upon inmates, including verbal or physical

ability to perform their official duties adequately. Overtime in misconduct, assaults or other acts of violence or destruction

excess of eight hours per week must be justified, in writing, shall be implemented at CCJ. All Jailers shall follow this

by the Sheriff of Chief Jailer.

procedure.

(D) Jailers shall arrive on duty thirty (30) minutes before shift change to ensure that the minimum number of jailers are on duty. This time shall be used for roll call training, described in Part VIII, Section 1(E). Each outgoing shift supervisor shall complete the Shift Change Notification Form at the conclusion of his or her shift, and discuss its contents, and any other areas of importance with the jailers on the incoming shift.

(B) All jailers shall complete an Unusual or Special Incident Report for each unusual or special incident no later than one (1) hour after the incident. Additions to the report shall be attached if new information is discovered. The report shall be reviewed by the shift supervisor before the termination of the shift during which the incident occurred, and the shift supervisor shall make appropriate written comments and recommendations.

2. Supervision and Staffing Responsibilities. A system of accountability and responsibility shall be established and enforced through the CCJ Chain of Command. Supervisors shall be designated and trained for each shift.
3. Jailer Assignments and Floor Procedures. (A) All CCJ assignments and floor procedures shall be in writing and each jailer shall be familiar with them. All jailers shall remain in his or her assigned area, except in emergency situations. Female jailers will patrol the first floor and male jailers will patrol the second floor twenty [*34] four (24) hours a day.
(B) The Sheriff's radio operator on duty shall be alerted if a jailer is required to leave his or her assignment. This action will be noted in the radio log.
(C) No male jailers shall enter the female inmate area unaccompanied by a female jailer. No female jailers shall enter the male inmate area unaccompanied by a male jailer.
(D) Jailers shall not sexually harass, intimidate, or coerce any inmate. Jailers shall not assist in arranging or otherwise condoning the sexual harassment, intimidation, or coercion of inmates by jailers or other inmates. Jailers shall not permit sexual activities between inmates.
4. Security Checks. (A) Jailers on all shifts shall conduct visual security checks of all inmate areas and directly observe

(C) The Chief Jailer shall read all new Unusual or Special Incident Reports daily. The Sheriff and Chief Jailer shall review Unusual or Special Incident Reports and other materials on a monthly basis to identify, in writing, any potential trends or areas which need to be [*36] remedied, and measures taken to do so.
6. Cell and Other Area Searches. (A) Jailers shall search cells and other areas to which inmates have access, such as the kitchen and sallyport, at least once each week on an unannounced basis in order to control contraband, including potential weapons. These searches shall be conducted in accordance with Procedures for Cell Searches, and are in addition to and do not replace other security measures. In order to prevent the introduction of contraband into CCJ, jailers shall search trustees as they enter the jail, and before they return to their cells.
(B) Jailers shall document the dates, times, places, results, and other details of each search in accordance with Results of Cell Search. This report shall be completed by the shift supervisor no later than the termination of the shift during which the search occurred.
(C) Jailers shall never use searches for harassment. In conducting the searches, the jailers shall handle carefully,

1990 U.S. Dist. LEXIS 18112, *36

Page 10 of 14

and not damage or destroy, an inmate's legitimate personal ongoing security concerns, then preference shall be afforded

property.

to those inmates who have resided at CCJ for periods in

excess [*39] of fourteen (14) days. (D) Jailers shall conduct a complete search of an occupied cell

prior to assigning a new inmate to it. Inmates should be (C) Jailers shall supervise inmates during exercise periods. A

moved out of [*37] the cell, and searched, if possible, while minimum of two jailers shall supervise inmates in the exercise

the cell search is taking place.

area. No more than 15 inmates may be in the exercise area at

any given time. 7. Orientation, Rules and Sanctions. (A) Jailers shall provide

an orientation to each inmate upon admission. The inmate (D) Inmates need not be afforded outdoor exercise when the

orientation shall include a discussion of: the rules and temperature is above 95 degrees or below 30 degrees,

sanctions within CCJ; standards of conduct and daily routines; fahrenheit, or during other inclement weather, or under

grievance procedures; fire safety; visitation, telephone, and temporary security exigencies.

mail privileges; commissary; medical and mental health

procedures; and hygiene responsibilities.

11. Visitation Procedures. (A) Inmates shall be permitted

reasonable daytime and evening visitation with family and

(B) As part of the inmate orientation, Jailers shall ensure that friends according to a posted schedule. Visitation shall occur

each inmate reads, or has read to him or her, the List of Rules Monday through Friday from 9:00 am to 11:00 am and from

and Sanctions, and then signs the list.

1:00 pm to 3:00 pm, and shall occur Tuesday and Thursday

(C) Defendants shall post in conspicuous places of CCJ for viewing by the inmates a Summary of Rules and Sanctions. The List of Rules and Sanctions shall be available to inmates

evenings from 7:00 pm to 9:30 pm. Jailers shall permit each inmate a minimum of one hour per week of visitation with those persons authorized by the inmate.

upon request at reasonable periods for review under proper (B) Jailers shall supervise all visits to permit the inmate to

supervision.

maintain authorized and reasonable contact with his family

8. Disciplinary Procedures. (A) Procedures for disciplinary action shall be maintained and implemented at CCJ. Jailers shall follow these disciplinary procedures, and shall make copies of these disciplinary procedures available to inmates for review.

and friends, and to prevent the admission of contraband and planning of escapes or violence. Jailers shall search the visitation area thoroughly before visits and immediately after visits, and shall [*40] conduct pat-down searches of all inmates after visits.

(B) The procedures for disciplinary [*38] action shall address major offenses, minor offenses, and infractions. Jailers shall complete a Disciplinary Report no later than one hour after the disciplinary action is taken. The disciplinary procedures

(C) Visitation Rules shall be posted in a conspicuous location at the visitation site. Under these rules, CCJ visitors may be subjected to search. Only jailers of the same sex as visitors shall conduct searches of those visitors.

shall include provisions for appropriate disciplinary hearings. 12. Telephone Procedures. Inmates shall be permitted to

9. Inmate Grievances. Jailers shall permit inmates to express grievances directly to jailers. Inmates may express grievances verbally, but shall be permitted to grieve in writing by completing an Inmate Grievance Form.

utilize telephones from 6:00 pm until 11:00 pm Monday through Friday and from 7:00 am until 11:00 pm on weekends. Jailers shall monitor the use of the phones to determine if any special provisions, such as time limits per call per inmate, are necessary to ensure telephone access to all

10. Inmate Exercise. (A) Reasonable opportunities for outdoor large muscle activities shall be provided to inmates on a regular basis. Examples of appropriate outdoor activities include basketball and volleyball. A secure fenced area to be used for inmate exercise shall be completed no later than November 5, 1990. This area shall be no smaller than the equivalent of one-half of a basketball court.

inmates.
13. Key Controls. (A) A key control system that provides jailers with immediate knowledge of the location of every key and lock at all times, provides for the security of all keys and locking devices at all times, and provides ready access to cells during evacuation or other emergency situations, shall be maintained at CCJ. This system shall include a set of keys to

be kept in the radio operator's office, to which jailers shall (B) Jailers shall permit each inmate to have five (5) one hour have access at all times. The Chief Jailer shall supervise the periods per week of exercise. If all inmates cannot be key control policy. permitted five hours per week of outdoor exercise due to

(B) Every CCJ lock shall be stamped [*41] with a number; all keys to match that lock shall be stamped with

1990 U.S. Dist. LEXIS 18112, *41

Page 11 of 14

that same number. All keys shall be notched and matching notches placed on each door. All keys shall be issued from the VI.

CCJ central control room by one jailer specifically assigned to

key control duty during each shift.

ACCESS TO COUNSEL AND LAW LIBRARY FACILITIES

(C) Each jailer shall surrender his or her work keys upon termination of employment at CCJ. Jailers shall immediately report any lost, misplaced, or stolen keys to the Chief Jailer, who shall then take appropriate measures. Under no circumstances shall any inmate, including trustees, be permitted to handle any CCJ keys.

In order to ensure that inmates at CCJ are provided with reasonable access to the courts, including access to counsel and law library facilities, Defendants shall implement the following measures and institute the following policies and procedures by November 5, 1990, unless another time frame is specified.

14. Staff Training Concerning Security and Inmate Supervision. Jailers shall be trained in and evaluated upon the knowledge, skills, and techniques necessary to maintain security and safety in CCJ, and to supervise inmates properly. Jailers shall be familiar with the Guidelines for More Successful Inmate Supervision.

1. Access to Counsel. (A) Each inmate shall be permitted to telephone his or her attorney or visit with his or her attorney at any time, except after 10:00 pm or before 8:00 am. Each inmate shall be entitled to visit with his or her attorney in the visitation areas or in the conference room outside the visitation areas.

(B) This training shall include, but not be limited to, the following topics: intake procedures; approaching and escorting inmates; routine patrol; supervision of inmates and inmate groups; key control; verbal and physical techniques to minimize or respond to inmate [*42] violence or potential violence; and other training requirements necessary to implement this Part.

(B) Jailers shall not discourage the use of attorney telephone contacts or visits. Jailers shall not interfere with inmates using the telephone to contact their attorneys or inmates visiting their attorneys, except for legitimate security exigencies. Each telephone conversation and visit shall [*44] be privileged but jailers retain the right to maintain security by observing the visits from a distance.

V.
NON-DISCRIMINATORY ASSIGNMENTS OF HOUSING
In order to ensure that housing units are not assigned to inmates at CCJ solely on the basis of race, the Defendants shall implement the following measures and policies and procedures and shall institute the following measures by November 5, 1990, unless another time frame is specified.
1. Classification Procedures. No jailer shall assign housing units to inmates solely on the basis of race, and all jailers shall understand and strictly follow the Inmate Classification Procedures.

2. Access to Law Library Facilities. (A) Jailers shall make law books at the Crittenden County Courthouse available to inmates unrepresented by counsel within a reasonable period of time after a request by an inmate for such law books. Jailers shall supervise the use of law books, which shall take place in CCJ and not in the Courthouse. In the event that the inmate requests access to law books that are not available in the Crittenden County Courthouse but that are available in the Crittenden County Law Library, then jailers shall make arrangements to obtain the requested books from the Crittenden County Law Library and bring them to CCJ for review by the inmate. Upon completion of the inmate's review, jailers shall return the books to the Crittenden County Law Library.

2. Inmate Grievances. Any inmate who believes that a (B) Jailers may take appropriate security precautions to ensure

housing unit was assigned to him or her solely on the basis of that the books made available to the inmates are not damaged

race shall be entitled to file an Inmate Grievance Form.

or destroyed.

3. Jailer Identification. Any Jailer who believes that housing was assigned to any inmate solely on the basis of race immediately shall bring this matter to the attention of the Chief Jailer or Sheriff. The Chief Jailer or Sheriff shall then promptly address the situation and implement appropriate remedial measures, if warranted.
4. Training Concerning Housing Assignments. [*43] All jailers shall be trained in and evaluated upon the requirements of this Part not to assign housing units to inmates solely on the basis of race, including but not limited to, the Inmate Classification Procedures.

3. Training Concerning Inmate Access to Courts and Law Library Facilities. All jailers shall be trained in and evaluated upon the requirements set forth in this Part.
[*45] VII.
CLASSIFICATION PROCEDURES
1. Purposes of Classification. Inmates shall be classified for housing assignments to ensure the general safety of inmates and jailers, to protect inmates against physical assaults and indignities, and to minimize the likelihood of inmate aggressive or destructive behavior.

1990 U.S. Dist. LEXIS 18112, *45

Page 12 of 14

2. Classification Categories. The following classifications order to protect individual inmates and the general inmate

categories shall be used at CCJ:

population from harm or potential harm. Types of inmates

who may be placed in protective segregation include, but are

(A) Felony pre-trial detainees - This category consists of adult not limited to: those who are physically weak; those who are

male inmates detained at CCJ awaiting trial on various felony not mentally or physically capable of withstanding coercion;

charges.

those who for other legitimate reasons may be more

(B) Convicted misdemeanants - These inmates are serving sentences as a result of a misdemeanor conviction. CCJ utilizes the services of convicted adult male and female misdemeanants as trustees. Trustees work in the kitchen under the supervision of the kitchen staff, in the Courthouse under

vulnerable or susceptible to being victimized by other detainees; those who are intoxicated or under the influence of drugs; those who exhibit possible serious mental health problems; and those who exhibit especially dangerous, violent, or destructive behaviors.

the supervision of county maintenance personnel, and with a (B) No assignments to protective segregation may be made

county road crew under the supervision of county employees. unless approved, in writing, by the Sheriff or Chief Jailer. If

Trustees volunteer for this work in order to receive the Sheriff or Chief Jailer are not reasonably available, the

meritorious good time.

shift supervisor may temporarily assign an inmate to

protective segregation until the Sheriff or Chief Jailer are (C) Convicted felons - This category consists of adult male available. inmates convicted of felony offenses for which they have

been sentenced to the Arkansas Department of Corrections. (C) Defendants shall develop identification and record

keeping procedures for placing inmates in protective

[*46] (D) Female inmates - All female inmates are included segregation. Documentation of all protective segregation

within this category.

procedures will be completed within four [*48] (4) hours of

placement. (E) Juveniles - This category consists of male juveniles

charged with felony offenses.

4. Staff Training Concerning the Proper Classification of

Inmates. All jailers shall be trained in, and evaluated upon, 3. Assignment of Inmates by Classification Categories. the proper classification of inmates. Inmates within each of the classification categories shall be

housed apart from inmates within each of the other VIII. classification categories. In addition, the following rules shall

apply:

TRAINING PROGRAM FOR JAILERS

(A) Felony pretrial detainees - Pretrial detainees shall be separated appropriately to protect the safety of more vulnerable inmates.
(B) Convicted misdemeanants - These inmates shall be separated appropriately to protect the safety of more vulnerable inmates.
(C) Convicted felons - Under circumstances of temporary shortages of space, but only with the written approval of the Sheriff or Chief Jailer, convicted felons may be housed with pretrial detainees who are physically, mentally, and psychologically compatible.
(D) Female inmates - These inmates shall be provided living quarters separate from those of males inmates by sight and sound.
(E) Juveniles - Juveniles shall be provided living quarters separate from those of adults by sight and sound.
4. Protective Segregation. (A) [*47] Jailers shall, when appropriate, place inmates in protective segregation in

1. Training Program for Jailers. (A) A training program for jailers sufficient to enable them to implement the requirements of the Consent Decree and Implementation Plan shall be designed and implemented no later than November 5, 1990.
(B) All jailers shall satisfactorily complete a Jail Standard Course of at least forty (40) hours as soon after their hire date as they may be enrolled in the Jail Standard Course. Newlyhired jailers shall complete the Jail Standard Course before being independently assigned or permitted to independently supervise inmates. A newly-assigned jailer who is waiting to attend the Jail Standard Course, shall, prior to the satisfactory completion of the Jail Standard Course, receive forty (40) hours of on-the-job training by an appropriately trained jailer.
(C) In addition to the Jail Standard Course, all jailers shall satisfactorily complete a minimum of twenty-four (24) hours per year of additional developmental training, except [*49] the Chief Jailer who shall satisfactorily complete a minimum of forty (40) hours per year.
(b) The Sheriff shall designate one jailer as the training officer. The training officer shall be responsible for

1990 U.S. Dist. LEXIS 18112, *49

Page 13 of 14

providing or facilitating the continued training required, or for obtaining others to provide the training. The training shall not be provided exclusively by County employees. The training officer shall utilize materials published by the National Institute of Corrections Jail Center, the American Correctional Association, the National Sheriffs' Association, or other appropriate organizations. Some of the training may be provided at CCJ, but the provision of training shall be separate and distinct from the jailers' performance of official duties.

1. Statement of Policy. Defendants recognize that it in desirable to limit the number of inmates at CCJ. Towards this goal, the Sheriff has sought and will continue to seek the cooperation of other law enforcement authorities in Crittenden County, Arkansas, and the Crittenden County Circuit Court Judges and other judges who have authority to commit persons to CCJ and the Arkansas Department of Correction to limit the number of inmates that are incarcerated in CCJ. The Sheriff shall explore with these officials reasonable alternatives to pretrial incarceration of

(E) Jailers shall participate in roll call training before each felony detainees, as well as post-trial release of convicted

shift. Roll call training shall be limited to one topic per misdemeanants.

session, shall last no less than ten (10) minutes nor more than thirty (30) minutes, and shall be conducted before each shift change. Roll call topics should include those that jailers suggest, as well as those selected by the administrators. The instructor conducting the training should ask questions of the jailers [*50] and encourage the jailers to ask questions. A summary page of each training session shall be given to jailers during or immediately after roll call.

2. Maximum Number of Inmates at CCJ. No more than the following number of inmates shall be housed [*52] at CCJ while it is in its current facility: 130 maximum as of the date of the adoption of this Plan; 120 maximum two (2) months from the date of the adoption of this Plan; 110 maximum four (4) months from the date of the adoption of this plan; 100 maximum six (6) months from the date of the adoption of this Plan, after which the inmate population of CCJ shall not

(F) A detailed Training Program for CCJ Jailers based upon exceed 100. During any of these periods, no more than 14

the training requirements of this Implementation Plan shall be female inmates, no more than 4 juvenile inmates awaiting trial

developed and forwarded to the United States no later than as adults and no more than 14 convicted male misdemeanants

November 5, 1990. This training program shall include a shall be housed at CCJ.

schedule of courses planned for the next year, course title and content, planned participants and instructors, course provider, and course site.

3. Monthly Population Notification Requirements. Defendants shall forward to the Department of Justice, no later than the fifth of every month, the monthly population reports of the

(G) In order to ensure that the jailers are obtaining benefit previous months. These reports shall include the number of

from the training program, the training officer shall evaluate inmates per housing unit and each inmate's total length of stay

periodically each jailer, verbally and in writing, to determine at CCJ.

the effectiveness of the training program. The Sheriff or Chief Jailer shall review these evaluations with the training officer IX.

and improve the training program as necessary.

FUTURE JAIL CONSTRUCTION OR EXPANSION

2. Jailer Orientation Concerning Consent Decree and Implementation Plan. (A) Jailers shall receive orientation about the requirements of the Consent Decree and Implementation Plan sufficient to enable the jailers to implement them. This orientation shall be designed and provided to jailers no later [*51] than November 5, 1990.

1. General Statement. (A) Crittenden County has contracted with Allied Correctional Services to provide a feasibility study to determine constitutional ways to respond to an expanding jail population. Presentations have been made to the governing body of Crittenden [*53] County by this entity and further work is being done by it. Defendants are

(B) A Verification Statement concerning the orientation shall be dated and signed by each jailer and maintained at CCJ subject to inspection by the United States during the duration of this Consent Decree.

committed to doing everything within their power and the resources that are available to follow the recommendations of these consultants and to fulfill the ultimate goal of the construction of new or expanded jail facilities within Crittenden County, Arkansas, as soon in the future as may be

VIII.

practically and economically possible.

PREVENT AND REDUCE THE EFFECTS OF (B) At the present time, the CCJ task force is considering five

OVERCROWDING

options that have been proposed by Allied

In order to prevent and reduce the effects of overcrowding, Defendants shall implement the following measures and institute the following policies and procedures.

1990 U.S. Dist. LEXIS 18112, *53

Page 14 of 14

Correctional Services. These options are: (1) Construction of system; (5) New construction of a 150-bed jail and renovation

a new 203-bed jail with renovation of the existing jail for 67 of the existing county jail for 67 beds.

beds for a total of 270 bed capacity; (2) outright construction

of a new 270-bed jail facility; (3) Join with the state in 2. New Construction Notification Requirements. Defendants

construction of a 240-bed jail and construct 30-bed booking shall promptly notify the United States of any actions taken to

and lock-up in West Memphis; (4) State construction of a design [*54] or construct a new facility, and the impact that 240-bed Jail with renovation of the existing county jail to a the proposed facility will have upon CCJ.

30-bed booking and lock-up