Federal Court
On September 18, 2015, the U.S. Department of Justice entered into a settlement agreement with the state of Mississippi about their probation and diversion practices. The settlement agreement includes provisions on protecting a youth’s right against self-incrimination, requiring probation orders to be written in simple terms to prevent arbitrary and discriminatory enforcement, and ensuring the…
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…
A proposed settlement agreement between the United States and Lauderdale County in the State of Mississippi after an investigation of the substantive and procedural due process rights of youth who appear in Lauderdale County Youth Court. The Settle Agreement proposes several remedial measures the named parties must take including creating a probation process that complies…
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…
On March 20, 2014, the DOJ filed a Statement of Interest in a federal conditions lawsuit on behalf young people under the age of 18 confined in the Michigan Department of Corrections, alleging violations of the Prison Rape Elimination Act (PREA). The DOJ emphasizes that “[s]tate correctional facilities. . . are subject to both the…
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…
On August 14, 2013, the U.S. Department of Justice filed a Statement of Interest in a federal lawsuit challenging deprivations of the right to counsel on misdemeanor cases in two cities in Washington. In calling for an independent monitor, the DOJ asserted, “First, a public defender must have the authority to decline appointments over the…
On August 14, 2013, the U.S. Department of Justice filed a Statement of Interest in a federal class action lawsuit on the constructive denial of counsel in criminal proceedings within five counties in New York. The DOJ asserted, “The provision of defense services is a multifaceted and complicated task. To guide the defense function, the…
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…
On March 20, 2012, the DOJ released its investigation findings into the conditions of confinement at the Walnut Grove youth Correctional Facility (WGYCF) in Walnut Grove, Mississippi. The investigation concludes, “the State of Mississippi is deliberately indifferent to the constitutional rights of young men confined at WGYCF. Evidence discovered at WGYCF reveals systematic, egregious, and…
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…
On December 12, 2010, the Memorandum of Agreement (MOA) between Los Angeles County and the United States regarding the Los Angeles County Probation Camps was amended a second time. The amended MOA recognizes that the County implemented significant reforms and achieved substantial compliance with all but four paragraphs of the MOA, and thus extends the…
On October 31, 2010, Los Angeles County entered into a Memorandum of Agreement (MOA) with the United States to address the DOJ’s investigation findings into the Los Angeles County Probation Camps. The MOA provisions include implementing new policies that govern the use of force, restricting the use of chemical sprays, creating a system of review…
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…
On March 29, 2010, the Memorandum of Agreement (MOA) between Los Angeles County and the United States regarding the Los Angeles County Probation Camps was amended. The amended MOA includes language outlining that “The Monitor shall ensure that the subset of the Monitoring Team that participates in these visits has the requisite experience and expertise…
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…
On November 23, 2009, the DOJ and the Ohio Department of Youth Services entered into an amended consent decree to address the remaining conditions of confinement in the Scioto Juvenile Correctional Facility, following the closure of the Marion Juvenile Correctional Facility. Related Actions: [Ohio] Marion Juvenile Correctional Facility: Investigation [Ohio] DOJ Complaint in U.S. v.…
On August 14, 2009, the DOJ released its investigation of four juvenile facilities in New York, finding that conditions violate federal and constitutional rights of youth. Specifically, the investigation highlights the facilities’ use of excessive force and inappropriate restraints and its failure to provide adequate mental health care and treatment for youth, in violation of…
On October 31, 2008, the Department of Justice released their findings report after an investigation into the Los Angeles County Probation Camps (“the Camps”). The DOJ found that “[y]outh residing in Los Angeles County’s Camps are not adequately protected from harm . . . and the County fails to provide adequate suicide prevention and mental…
On May 16, 2008, the DOJ filed a complaint against the State of Ohio in the Southern District of Ohio Eastern Division for engaging in a pattern or practice of constitutional violations in juvenile facilities. Specifically, the complaint alleges that the state has engaged in a pattern or practice of violating young people’s right to…
On May 9, 2007, the DOJ released its investigation of the Scioto Juvenile Correctional Facility, finding that the conditions violate federal and constitutional rights of youth. Specifically, the investigation highlights violations of young people’s right to reasonable safety, right to adequate mental health care, and right to special education services. Related actions: [Ohio] Marion Juvenile…
On May 9, 2007, the DOJ released its investigation of the Marion County, Ohio Juvenile Correctional Facility, finding that the conditions violate federal and constitutional rights of youth. Specifically, the investigation highlights violations of young people’s right to reasonable safety, right to adequate mental health care, and right to special education services. Related actions: [Ohio]…
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