University of Michigan Law School
Civil Rights Litigation Clearinghouse
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Case Name Anthony C. v. Pima County JI-AZ-0001
Docket / Court CIV-82-501-TUC-ACM ( D. Ariz. )
State/Territory Arizona
Case Type(s) Juvenile Institution
Attorney Organization Youth Law Center
Case Summary
On August 10, 1982, detainees in the Pima County Juvenile Detention Center in Tucson filed this class action lawsuit, on behalf of themselves and others similarly situated, in the U.S. District Court for the District of Arizona against Pima County. The plaintiffs sued Pima County, the Juvenile ... read more >
On August 10, 1982, detainees in the Pima County Juvenile Detention Center in Tucson filed this class action lawsuit, on behalf of themselves and others similarly situated, in the U.S. District Court for the District of Arizona against Pima County. The plaintiffs sued Pima County, the Juvenile Division of the Superior Court of Pima County, the Pima County Court Center, Pima County Detentional Center, and Pima County Board of Supervisors under 42 U.S.C. § 1983, 28 U.S.C. § § 2201 and 2202, 20 U.S.C. §1401, 20 U.S.C. §1401, Section 504 of the Rehabilitative persons Act, the Juvenile Justice Act, and the Education of All Handicapped Children Act. Represented by the Southern Arizona Legal Aid and the National Youth Law Center, the plaintiffs sued for declaratory and injunctive relief, and punitive damages.

Specifically, plaintiffs sued for violations of their First, Fourth, Fifth, Sixth, Eighth, Ninth, and Fourteenth Amendments rights, alleging cruel and unusual punishment; insufficient staffing, unsanitary, unsafe, and illegal conditions of confinement, including: use of leather restraints, inadequate treatment programs, mail censorship, restrictions on visitation, overcrowding, and failure to provide 24-hour detention hearings; intentionally interfering with the plaintiff's right of access to court and counsel; and violation of due process rights, equal protection rights, right to privacy, right to counsel, freedom of speech, freedom of religion, and the right to receive treatment under the least restrictive settings.

In January 1985, the parties entered into a settlement agreement. Developed during protracted negotiations, the consent decree provided for increased protection for juveniles in every area under dispute, settling issues including population, meals, clean bedding, towels, clothing, security cells, medical and psychological screening, attorney visitation, telephone calls, other visitation, mail, physical restraints, psychiatric care, recreation, strip searches, medical care, education, hardbound books, and hearings. The settlement agreement outlined conditions that were to be maintained, and specific policies that were to be implemented in the juvenile detention center. The agreement required that the population of the facility not exceed its design capacity, that the detainees be offered a shower daily, that the detainees be granted unlimited attorney visitation, that physical restraints only be used to prevent detainees from hurting themselves or others, and that each detainee be provided a bed. Additionally, it required that a nurse practitioner or doctor be advised of every complaint that a detainee makes and determine whether to see and treat the detainee, and that strip searches only occur under certain circumstances, among other things. The settlement agreement also provided that the district court would retain jurisdiction over the parties for two years, then dismiss the action with prejudice, and officials agreed to limit the number of juveniles detained in the facility to eliminate overcrowding.

A digitized docket sheet is not available, but presumably the case ended in the 1980s.

Kristen Sagar - 10/27/2007
Lakshmi Gopal - 05/15/2016


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Issues and Causes of Action
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Issues
Constitutional Clause
Cruel and Unusual Punishment
Due Process
Equal Protection
Freedom of speech/association
Unreasonable search and seizure
Content of Injunction
Implement complaint/dispute resolution process
Monitoring
Crowding
Pre-PLRA Population Cap
General
Access to lawyers or judicial system
Conditions of confinement
Counseling
Education
Food service / nutrition / hydration
Juveniles
Mail
Parents (visitation, involvement)
Phone
Recreation / Exercise
Religious programs / policies
Sanitation / living conditions
Strip search policy
Visiting
Medical/Mental Health
Medical care, general
Mental health care, general
Plaintiff Type
Private Plaintiff
Type of Facility
Government-run
Causes of Action 42 U.S.C. § 1983
Declaratory Judgment Act, 28 U.S.C. § 2201
Freedom of Information Act (FOIA), 5 U.S.C. § 552
Indv. w/ Disab. Educ. Act (IDEA), Educ. of All Handcpd. Children Act , 20 U.S.C. § 1400
Juvenile Justice Act, 42 U.S.C. § 5672
Section 504 (Rehabilitation Act), 29 U.S.C. § 701
Defendant(s) Pima County Juvenile Detention Center
Plaintiff Description Youth at the Pima County Juvenile Detention Center, in Tucson.
Indexed Lawyer Organizations Youth Law Center
Class action status sought Yes
Class action status granted Yes
Prevailing Party Plaintiff
Public Int. Lawyer Yes
Nature of Relief Injunction / Injunctive-like Settlement
Source of Relief Settlement
Form of Settlement Court Approved Settlement or Consent Decree
Order Duration 1985 - 1987
Case Closing Year n/a
Case Ongoing Unknown
Docket(s)
No docket sheet currently in the collection
General Documents
Amended Complaint (Class Action)
JI-AZ-0001-0002 PDF | Detail
Document Source: Plaintiffs' counsel
Stipulation and Agreement 01/20/1985
JI-AZ-0001-0001 PDF | Detail
Document Source: Plaintiffs' counsel
Judges Fahringer, Phillip (State Trial Court)
JI-AZ-0001-0001 | JI-AZ-0001-0001
Monitors/Masters None on record
Plaintiff's Lawyers Bell, James (Arizona)
JI-AZ-0001-0001 | JI-AZ-0001-0002
Morris, William Eric (Arizona)
JI-AZ-0001-0001 | JI-AZ-0001-0002
Rabe, Suzanne (Arizona)
JI-AZ-0001-0001 | JI-AZ-0001-0002
Soler, Mark I. (California)
JI-AZ-0001-0002
Defendant's Lawyers Collins, Raner Christercunean (Arizona)
JI-AZ-0001-0001 | JI-AZ-0001-0002
Other Lawyers None on record

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