Disabilities
The U.S. Department of Justice filed a Statement of Interest in a federal class action lawsuit challenging the use of solitary confinement for 16- and 17-year-old youth in custody, including youth with disabilities. Calling for the federal district court to consider Supreme Court jurisprudence and growing scientific research on adolescent development, the DOJ asserts, “Juveniles…
On November 28, 2016, the DOJ filed a Statement of Interest in response to a lawsuit filed in South Carolina, challenging two state statutes as void for vagueness in violation of the Due Process Clause. The lawsuit alleged that the vague language in the statute resulted in the criminalization of common youthful behavior, racial disparities,…
From the introduction: “This report highlights steps policymakers can take to combat inappropriate and unjust incarceration and criminalization of people with disabilities, as well as steps to ensure appropriate and humane treatment of people with disabilities throughout the justice system, from police practices to courts, conditions in jails and prisons, and reentry.”
On January 12, 2016, the DOJ released its second investigation findings on the Leflore County Juvenile Detention Center in Greenwood, Mississippi. The DOJ found “reasonable cause to believe that the provision of special education and related services at the Detention Center violate the federal rights of children under IDEA.” Specifically, the DOJ stated, “Our investigation…
On October 2, 2015 the DOJ filed a Statement of Interest in a federal lawsuit on behalf of two students who were seized and handcuffed by a school resource officer (SRO), alleging violations under the Fourth and Fourteenth Amendments and Title II of the Americans with Disabilities Act (ADA). The DOJ asserted that the Sheriff’s…
On August 6, 2015, the DOJ released an updated findings letter on several juvenile facilities in Puerto Rico. The DOJ finds that young people confined in juvenile facilities face substantive due process and equal protection violations, in addition to infringements to their federal rights under the Individuals with Disabilities Education Act and the Rehabilitation Act…
On March 31, 2011, Leflore County, Mississippi entered into a Memorandum of Agreement (MOA) with the United States to address the DOJ’s investigation findings into the Leflore County Juvenile Detention Center (LCJDC). The MOA outlines that LCJDC must provide young people with reasonably safe conditions of confinement, protect youth from harm, limit the use of…
On May 12, 2015, the DOJ filed a complaint in the U.S. District Court for the Northern District of Mississippi against Leflore County, Mississippi for engaging “in a pattern or practice of conduct that violates the Constitutional and statutory rights of youth at the Detention Center.” The complaint outlines 14th Amendment violations based on Leflore…
This expert affidavit from Dr. Gwenyth Campbell Rost, Ph.D., a speech-language pathologist, describes the impacts of shackling and the use of physical restraints on young people with communication and language disabilities who are involved in the juvenile legal system. The affidavit highlights how shackling and restraining youth impedes their ability to communicate and remember information…
This expert affidavit from Dr. Donald Rosenblitt, a child psychiatrist and clinician licensed in North Carolina. Dr. Rosenblitt discusses the impact of shackling young people in juvenile court proceedings and how shackling negatively impacts a young people’s positive development, self-perception, overall health, and views of the legal system.
From the summary: “It is critical for judicial officers, attorneys, probation officers, child welfare, and other professionals who work with youth to be knowledgeable about the impact of trauma on children’s development and on their emotional, behavioral, and cognitive functioning. Understanding trauma and the potential impacts on children who come before the juvenile and family…
On February 13, 2014, the DOJ filed a Statement of Interest in a federal class action lawsuit on behalf of young people confined in the Contra Costa County Juvenile Hall, alleging violations of the Individuals with Disabilities Education Act (IDEA). The DOJ reiterated that “Defendants (Contra Costa County) are required to provide special education and…
A sample motion from Ohio requesting suppression of statements made by a 17-year old with disabilities including a specific learning disability and expressive language disorder. The motion argues the child’s statement should be suppressed given the inherent coerciveness of police interrogations of children, the inadequate and untimely reading of the Miranda rights by the police…
This amicus brief by the Center on Wrongful Convictions of Youth, Vanderbilt Professor of Law and Medicine Terry A. Maroney, The Gault Center, and others. Amici argue a 16-year-old youth’s waiver of his Miranda rights was involuntary and his confession must be suppressed pursuant to the 5th and 14th Amendments, where he was threatened during…
On October 24, 2012, the U.S. Department of Justice filed a complaint in the United States District Court, Southern District of Mississippi asserting that the City of Meridian, County of Lauderdale, and State of Mississippi are engaging in a “pattern or practice of unlawful conduct through which they routinely and systematically arrest and incarcerate children,…
On August 22, 2012, the DOJ released its investigation findings into the Pendleton Juvenile Correctional Facility in Indiana. The investigation finds that “Pendleton exposes incarcerated youth to significant harm in violation of their constitutional and federal statutory rights. Pendleton fails to take reasonable steps to prevent youth from committing suicide, fails to provide reasonably safe…
This amicus brief by Advocates for Children’s Services of Legal Aid of North Carolina, American Civil Liberties Union, The Gault Center, and others argues the suspicionless search of all female students at an alternative school is unconstitutional under the 4th Amendment where the search’s main purpose was arrest and prosecution by law enforcement. Further, the…
On March 31, 2011, the Department of Justice released the findings of their investigation into the Leflore County Juvenile Detention Center (LCJDC) in Greenwood, Mississippi. The DOJ found that “[o]ur investigation revealed systemic, egregious and dangerous abuses perpetuated by a lack of accountability and controls.” The DOJ investigation uncovered that LCJDC fails to prevent unconstitutional…
This amici brief by Juvenile Law Center, Rutgers Legal Clinic, The Gault Center, and others argues trial courts retain jurisdiction post-disposition to modify or change dispositional orders that are contrary to the purpose of the juvenile code. Further, the brief argues trial courts must provide oversight to ensure the safety of young people in abusive…
On July 14, 2010, the DOJ entered into a settlement agreement with the State of New York to remedy constitutional violations in the juvenile facilities. The settlement agreement outlines that the state shall not subject youth to undue restraints and must provide adequate and appropriate mental health care and treatment to youth. Related actions: [New…
On July 14, 2010, the DOJ filed a complaint in the U.S. District Court for the Northern District of New York against the State of New York, alleging that the state “disregarded known or serious risks of harm to youths at the Facilities . . . . constituting a pattern or practice that violates the…
This amicus brief by South Dakota Advocacy Services, The Gault Center, and others argues the 8th Circuit’s interpretation of IDEA’s procedural safeguards are unconstutional under the 14th Amendment Due Process Clause and violate the plain language of the statute. The brief also outlines procedural protections from school exclusion for students with disabilities. As stated in…
On January 29, 2010, the Department of Justice issued a findings letter regarding an investigation of the Indianapolis Juvenile Correctional Facility (ICJF) pursuant to the Civil Rights of Institutionalized Persons Act, 42 U.S.C. § 1997 (CIPRA), and the pattern or practice provision of the Violent Crime Control and Law Enforcement Act of 1994, U.S.C. §14141…
