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Case Name Disability Rights Mississippi v. Forrest County, Miss. JI-MS-0009
Docket / Court 2:11cv53KS-MTP ( S.D. Miss. )
State/Territory Mississippi
Case Type(s) Disability Rights-Pub. Accom.
Juvenile Institution
Attorney Organization NDRN/Protection & Advocacy Organizations
Southern Poverty Law Center
Case Summary
On March 27, 2011, Disability Rights Mississippi (the Protection and Advocacy organization for Mississippi) filed suit against Forrest County in the United States District Court for the Southern District of Mississippi. Plaintiff, represented by counsel from the Southern Poverty Law Center in ... read more >
On March 27, 2011, Disability Rights Mississippi (the Protection and Advocacy organization for Mississippi) filed suit against Forrest County in the United States District Court for the Southern District of Mississippi. Plaintiff, represented by counsel from the Southern Poverty Law Center in Jackson, brought action for alleged violations of three separate Protection and Advocacy acts: the Developmental Disabilities Assistance and Bill of Rights Act, the Individuals with Mental Illness Act, and the Individual Rights Program. The complaint alleged that the County did not allow plaintiff access to records and residents of a juvenile center, as Protection and Advocacy laws require. Plaintiff sought declaratory judgment, injunctive relief, and attorney fees.

On April 12, 2011, the parties agreed to set up a temporary plan to allow the plaintiff access to the defendant's facilities and records. The United States District Court for the Southern District of Mississippi (Hon. Keith Starrett) signed the agreement as a plan to be enforced until the parties reach a permanent plan. The temporary plan allowed plaintiff access to defendant's residents, records and facilities for investigations, as the law required, but limited access to prevent interference with defendant's programs. Later, a state youth court issued orders that were inconsistent with this temporary plan. On June 13, 2011, the Court issued an order staying all state court orders that were inconsistent with the temporary plan. Since that date, there has been no submission of a permanent plan.

Maurice Youkanna - 06/14/2014


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Issues and Causes of Action
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Issues
Constitutional Clause
Cruel and Unusual Punishment
Due Process
Content of Injunction
Monitoring
Preliminary relief granted
Required disclosure
Defendant-type
Corrections
Jurisdiction-wide
Disability
disability, unspecified
Mental impairment
General
Access to public accommodations - governmental
Assault/abuse by staff
Bathing and hygiene
Conditions of confinement
Confinement/isolation
Disciplinary segregation
Excessive force
Juveniles
Records Disclosure
Restraints : physical
Sanitation / living conditions
Totality of conditions
Unconstitutional conditions of confinement
Medical/Mental Health
Mental health care, general
Mental health care, unspecified
Plaintiff Type
Private Plaintiff
Type of Facility
Government-run
Causes of Action Developmental Disabilities Assistance and Bill of Rights Act, 42 U.S.C. § 15001 et seq.
Declaratory Judgment Act, 28 U.S.C. § 2201
42 U.S.C. § 1983
Defendant(s) Forrest County
Forrest County Juvenile Detention Center
Plaintiff Description Nonprofit Protection & Advocacy organization for Mississippi; has a federal mandate to protect and advocate for the rights of disabled people in Mississippi.
Indexed Lawyer Organizations NDRN/Protection & Advocacy Organizations
Southern Poverty Law Center
Class action status sought No
Class action status granted No
Prevailing Party Plaintiff
Public Int. Lawyer Yes
Nature of Relief Injunction / Injunctive-like Settlement
Preliminary injunction / Temp. restraining order
Source of Relief Settlement
Form of Settlement Court Approved Settlement or Consent Decree
Order Duration 2011 - n/a
Case Closing Year n/a
Case Ongoing Unknown
Docket(s)
2:11−cv−00053 (S.D. Miss.) 08/05/2011
JI-MS-0009-9000.pdf | Detail
PACER [Public Access to Court Electronic Records]
General Documents
Disability Rights Mississippi's Complaint for Injunctive and Declaratory Relief 03/07/2011
JI-MS-0009-0005.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Agreed Order 04/12/2011 (S.D. Miss.)
JI-MS-0009-0001.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Order 06/13/2011 (S.D. Miss.)
JI-MS-0009-0002.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Judges Starrett, Keith (S.D. Miss.)
JI-MS-0009-0001 | JI-MS-0009-0002 | JI-MS-0009-9000
Monitors/Masters None on record
Plaintiff's Lawyers Bedi, Sheila A. (Mississippi)
JI-MS-0009-0001 | JI-MS-0009-0005
Cockrell, Corrie Wynette (Mississippi)
JI-MS-0009-0001 | JI-MS-0009-0005
Juneja, Poonam (California)
JI-MS-0009-0001 | JI-MS-0009-0005 | JI-MS-0009-9000
McDuff, Robert B. (Mississippi)
JI-MS-0009-0005
Owens, Jody E. II (Mississippi)
JI-MS-0009-0001 | JI-MS-0009-0005 | JI-MS-0009-9000
White, Wendy Wilson (Mississippi)
JI-MS-0009-0001 | JI-MS-0009-0005 | JI-MS-0009-9000
Defendant's Lawyers Dukes, James K. (Mississippi)
JI-MS-0009-0001 | JI-MS-0009-9000
Miller, David B. (Mississippi)
JI-MS-0009-0001
Other Lawyers None on record

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