Case: United States v. Terrebonne Parish

2:11-cv-02484 | U.S. District Court for the Eastern District of Louisiana

Filed Date: Oct. 4, 2011

Closed Date: 2014

Clearinghouse coding complete

Case Summary

On November 19, 2009, the Department of Justice Civil Rights Division began an investigation of Parish of Terrebonne Parish Juvenile Detention Center (TPJDC) pursuant to 42 U.S.C. § 14141. On January 18, 2011, the DOJ published their findings that the TPJDC violated youth's civil rights and that youth were harmed by (1) physical and sexual misconduct by staff; (2) excessive physical restraints when lesser forms of punishment would be appropriate; (3) inappropriate use of chemical agents; (4) ex…

On November 19, 2009, the Department of Justice Civil Rights Division began an investigation of Parish of Terrebonne Parish Juvenile Detention Center (TPJDC) pursuant to 42 U.S.C. § 14141. On January 18, 2011, the DOJ published their findings that the TPJDC violated youth's civil rights and that youth were harmed by (1) physical and sexual misconduct by staff; (2) excessive physical restraints when lesser forms of punishment would be appropriate; (3) inappropriate use of chemical agents; (4) excessive use of isolation; and (5) inadequate suicide prevention.

On October 4, 2011, the United States filed suit in the Eastern District of Louisiana against Terrebonne Parish Consolidated Government, who owned and operated TPJDC, under 42 U.S.C. § 14141. The complaint alleged the harms identified in the findings letter. The United States sought equitable and declaratory relief, as well as a permanent injunction against further participation in the alleged acts.

The same month, negotiations began between the parties. They submitted a settlement agreement to the Court on October 19, 2011. The agreement was approved by Judge Helen G. Berrigan on October 31, 2011 and the case was dismissed. The settlement agreement included provisions to cure the alleged violations. It also included terms for monthly reports produced by monitor documenting statistics, trends, and corrective actions. The agreement would terminate once the United States certified that the Parish was in substantial compliance with all of the provisions of the settlement for twelve consecutive months.

On November 19, 2014, the Court issued an order of final dismissal terminating the settlement agreement and dismissing the case with prejudice.

Summary Authors

Richard Jolly (11/18/2014)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/12893252/parties/united-states-v-terrebonne-parish/


Judge(s)

Berrigan, Helen Ginger (Louisiana)

Attorney for Plaintiff

Austin, Roy L. (District of Columbia)

Delaney, Joshua (District of Columbia)

Jung, Je Yon (District of Columbia)

Attorney for Defendant

Alcock, Courtney Elizabeth (Louisiana)

show all people

Documents in the Clearinghouse

Document

2:11-cv-02484

Docket [PACER]

Nov. 19, 2014

Nov. 19, 2014

Docket

DOJ Findings Letter (2011)

No Court

Jan. 18, 2011

Jan. 18, 2011

Findings Letter/Report
1

2:11-cv-02484

Complaint

Oct. 4, 2011

Oct. 4, 2011

Complaint
3

2:11-cv-02484

Amended Complaint

Oct. 5, 2011

Oct. 5, 2011

Complaint
6-1

2:11-cv-02484

Revised Settlement Agreement and Order

Oct. 19, 2011

Oct. 19, 2011

Order/Opinion
7

2:11-cv-02484

Order [Closing Case]

Oct. 31, 2011

Oct. 31, 2011

Order/Opinion

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/12893252/united-states-v-terrebonne-parish/

Last updated Feb. 6, 2024, 3:03 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT against All Defendants (Filed on behalf of USA - Filing Fee not required) filed by United States of America. (Attachments: # 1 Civil Cover Sheet)(Jung, Je) Modified on 10/6/2011 (plh, ). (Entered: 10/04/2011)

Oct. 4, 2011

Oct. 4, 2011

Clearinghouse
2

Initial Case Assignment to Judge Helen G. Berrigan and Magistrate Judge Joseph C. Wilkinson, Jr. (jmd, ) (Entered: 10/05/2011)

Oct. 5, 2011

Oct. 5, 2011

PACER
3

First AMENDED COMPLAINT against Terrebonne Parish filed by United States of America.(Jung, Je) Modified text on 10/6/2011 (plh, ). (Entered: 10/05/2011)

Oct. 5, 2011

Oct. 5, 2011

Clearinghouse
4

EXPARTE/CONSENT MOTION for Settlement Agreement Entry by United States of America. (Attachments: # 1 Proposed Order Settlement Agreement)(Jung, Je) Modified text on 10/6/2011 (plh, ). (Entered: 10/05/2011)

Oct. 5, 2011

Oct. 5, 2011

PACER
5

ORDERED that by October 24, 2011, counsel for the plaintiff shall amend 4 MOTION for Settlement Agreement Entry as set forth in document. Signed by Judge Helen G. Berrigan on 10/18/11.(mm, ) (Entered: 10/18/2011)

Oct. 18, 2011

Oct. 18, 2011

PACER
6

EXPARTE Amended MOTION for Settlement Agreement Entry by United States of America. (Attachments: # 1 Proposed Order, # 2 Exhibit)(Jung, Je) Modified on 10/20/2011 (plh, ). (Entered: 10/19/2011)

Oct. 19, 2011

Oct. 19, 2011

PACER
7

ORDER granting 6 Motion for Entry of Revised Settlement; FURTHER ORDERED dismissing as moot 4 Motion for Settlement; FURTHER ORDERED that this matter is ADMINISTRATIVELY CLOSED. Signed by Judge Helen G. Berrigan on 10/31/2011. (mm, ) (Entered: 10/31/2011)

Oct. 31, 2011

Oct. 31, 2011

Clearinghouse
8

EXPARTE/CONSENT MOTION to Substitute Attorney. Attorney Joshua C. Delaney to be substituted in place of Je Yon Jung by United States of America. (Attachments: # 1 Proposed Order)Attorney Joshua C Delaney added to party United States of America(pty:pla).(Delaney, Joshua) (Entered: 04/16/2014)

April 16, 2014

April 16, 2014

PACER
9

ORDER granting 8 Motion to Substitute Attorney. Attorney Joshua C. Delaney enrolled as counsel for the United States of America. Attorney Je Yon Jung terminated. Signed by Judge Helen G. Berrigan on 4/16/2014. (kac) (Entered: 04/17/2014)

April 17, 2014

April 17, 2014

PACER
10

EXPARTE/CONSENT Joint MOTION to Dismiss Case by United States of America, Terrebonne Parish. (Attachments: # 1 Proposed Order of Final Dismissal)(Delaney, Joshua) Modified on 11/19/2014 (plh). (Entered: 11/19/2014)

Nov. 19, 2014

Nov. 19, 2014

PACER
11

ORDER granting 10 Motion to Dismiss Case - ORDER OF FINAL DISMISSAL dismissing case with prejudice. Signed by Judge Helen G. Berrigan on 11/19/2014. (kac) (Entered: 11/19/2014)

Nov. 19, 2014

Nov. 19, 2014

PACER

Case Details

State / Territory: Louisiana

Case Type(s):

Juvenile Institution

Special Collection(s):

Multi-LexSum (in sample)

Key Dates

Filing Date: Oct. 4, 2011

Closing Date: 2014

Case Ongoing: No

Plaintiffs

Plaintiff Description:

United States on behalf on inmates at Terrebonne Parish Juvenile Detention Center, Houma, Louisiana.

Plaintiff Type(s):

U.S. Dept of Justice plaintiff

Attorney Organizations:

U.S. Dept. of Justice Civil Rights Division

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Terrebonne Parish, County

Defendant Type(s):

Jurisdiction-wide

Case Details

Causes of Action:

Violent Crime and Law Enforcement Act, 34 U.S.C. § 12601 (previously 42 U.S.C. § 14141)

Constitutional Clause(s):

Due Process

Available Documents:

Trial Court Docket

Complaint (any)

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Order Duration: 2011 - 2014

Content of Injunction:

Implement complaint/dispute resolution process

Reporting

Monitor/Master

Recordkeeping

Auditing

Issues

General:

Disciplinary procedures

Juveniles

Record-keeping

Restraints : physical

Suicide prevention

Jails, Prisons, Detention Centers, and Other Institutions:

Sexual abuse by residents/inmates

Sex w/ staff; sexual harassment by staff

Assault/abuse by staff (facilities)

Assault/abuse by non-staff (facilities)

Type of Facility:

Non-government for-profit