University of Michigan Law School
Civil Rights Litigation Clearinghouse
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Case Name DOJ Investigation of Juvenile Facilities in Indianapolis and Pendleton, Indiana JI-IN-0006
Docket / Court docket unknown ( No Court )
State/Territory Indiana
Case Type(s) Juvenile Institution
Attorney Organization U.S. Dept. of Justice Civil Rights Division
Case Summary
On January 9, 2008, the Department of Justice Civil Rights Division ("DOJ") initiated an investigation of conditions at the Pendleton Juvenile Correctional Facility ("Pendleton") in Pendleton, Indiana. And on January 28, 2008, the DOJ initiated an investigation of conditions at the Indianapolis ... read more >
On January 9, 2008, the Department of Justice Civil Rights Division ("DOJ") initiated an investigation of conditions at the Pendleton Juvenile Correctional Facility ("Pendleton") in Pendleton, Indiana. And on January 28, 2008, the DOJ initiated an investigation of conditions at the Indianapolis Juvenile Correctional Facility ("Indianapolis," now known as Madison Juvenile Correctional Facility) in Indianapolis, Indiana. Both of these investigations were pursuant to the Civil Rights of Institutionalized Persons Act (CRIPA), 42 U.S.C. § 1997, and the Violent Crime Control and Law Enforcement Act of 1994, 42 U.S.C. § 14141. The DOJ, along with experts, visited each facility several times.

On January 29, 2010, the DOJ issued an investigative findings letter regarding Indianapolis, which is Indiana's sole girls' juvenile correction facility. The letter indicated that Indianapolis failed to provide girls with adequate protection from harm, mental health care, and special education services. The letter concluded that these failures violated the Constitution and the Individuals with Disabilities Education Act. However, because of Indianapolis' cooperation, the DOJ agreed that provided the cooperative relationship continued, they would forward expert consultants' reports under separate cover. The reports would not be public documents.

On August 22, 2012, the DOJ issued a similar investigative findings letter regarding Pendleton. The letter indicated that Pendleton failed to take reasonable steps to prevent youth from committing suicide, failed to provide reasonably safe conditions of confinement for youth, failed to provide youth with adequate mental health care, and failed to provide youth with adequate special education services. That letter concluded that these failures were in violation of the Constitution and the Individuals with Disabilities Education Act. However, because of Pendleton's cooperation, the DOJ agreed that provided the cooperative relationship continues, they would forward expert consultants' reports under separate cover. The reports would not be public documents.

As of November 11, 2014, there have been no additional investigative documents made available and no lawsuits filed. However, the DOJ website indicates that the investigations are ongoing.

Richard Jolly - 11/12/2014


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Issues and Causes of Action
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Issues
Affected Gender
Female
Male
Constitutional Clause
Due Process
Defendant-type
Jurisdiction-wide
General
Assault/abuse by residents/inmates/students
Assault/abuse by staff
Bathing and hygiene
Classification / placement
Excessive force
Grievance Procedures
Inadequate citizen complaint investigations and procedures
Pepper/OC spray
Sex w/ staff; sexual harassment by staff
Sexual abuse by residents/inmates
Staff (number, training, qualifications, wages)
Medical/Mental Health
Mental health care, general
Suicide prevention
Plaintiff Type
Private Plaintiff
Type of Facility
Government-run
Causes of Action Civil Rights of Institutionalized Persons Act (CRIPA), 42 U.S.C. § 1997 et seq.
42 U.S.C. § 14141
Defendant(s) Indianapolis Juvenile Correctional Facility
Pendleton Juvenile Correctional Facility
Plaintiff Description Department of Justice Civil Rights Division’s investigation of conditions at the Indianapolis Juvenile Correctional Facility (“IJCF”) in Indianapolis and Pendleton, Indiana.
Indexed Lawyer Organizations U.S. Dept. of Justice Civil Rights Division
Class action status sought No
Class action status granted No
Prevailing Party None Yet / None
Public Int. Lawyer Yes
Nature of Relief None
Source of Relief None
Form of Settlement None on record
Order Duration not on record
Case Closing Year n/a
Case Ongoing Yes
Docket(s)
No docket sheet currently in the collection
General Documents
Investigation of the Indianapolis Juvenile Correctional Facility, Indianapolis, Indiana (2010) 01/29/2010
JI-IN-0006-0001.pdf | Detail
Document Source: U.S. Department of Justice, Civil Rights Division, Special Litigation Section
Investigation of the Pendleton Juvenile Correctional Facility, Pendleton, Indiana (2010) 08/22/2012
JI-IN-0006-0002.pdf | Detail
Document Source: U.S. Department of Justice, Civil Rights Division, Special Litigation Section
Judges None on record
Monitors/Masters None on record
Plaintiff's Lawyers Perez, Thomas E. (District of Columbia)
JI-IN-0006-0001 | JI-IN-0006-0002
Defendant's Lawyers None on record
Other Lawyers None on record

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