University of Michigan Law School
Civil Rights Litigation Clearinghouse
new search
page permalink
Case Name Johnson v. Upchurch JI-AZ-0002
Docket / Court 86-195 ( D. Ariz. )
State/Territory Arizona
Case Type(s) Disability Rights-Pub. Accom.
Juvenile Institution
Attorney Organization National Center for Youth Law
Case Summary
On April 6, 1986, inmates at Catalina Mountain Juvenile Institution (now known as Catalina Mountain School) near Tucson, Arizona, filed a lawsuit under 42 U.S.C. § 1983 and the Education for the Handicapped Act against the former and acting superintendents of Catalina Mountain Juvenile ... read more >
On April 6, 1986, inmates at Catalina Mountain Juvenile Institution (now known as Catalina Mountain School) near Tucson, Arizona, filed a lawsuit under 42 U.S.C. § 1983 and the Education for the Handicapped Act against the former and acting superintendents of Catalina Mountain Juvenile Institution; the acting superintendent of Catalina Mountain; the director of the Arizona Department of Corrections; and the director of Juvenile Services for the Arizona Department of Corrections. The suit was filed in the U.S. District Court for the District of Arizona.

The plaintiffs, who were represented by the National Center for Youth Law and private counsel, filed a Sixth Amended Complaint on April 9, 1990, and asked the court for declaratory and injunctive relief, alleging the defendants' treatment and policies violated the juveniles' constitutional rights. The plaintiffs sought to change confinement practices and to require adequate procedural protections prior to inflicting harsh and cruel punishments. They also sought to require medical care and adequate educational programs, and to evaluate juveniles for handicapping conditions in accordance with the Education for the Handicapped Act. Finally, the plaintiffs sought to change the defendants' interference with the juveniles' access to legal counsel and their restrictive visitation policies. In addition, certain plaintiffs asked certain defendants for damages.

The parties entered into a Consent Decree on May 6, 1993, in the U.S. District Court for the District of Arizona. The court (Judge Richard M. Bilby) issued an injunction to last four years. It required the defendants to house juveniles in the least restrictive environment and instituted population limitations. It further required defendants to form an individual treatment plan for each inmate, and to provide medical, dental, and psychiatric care. It provided guidelines for educational assessments, progress monitoring, and work programs. Finally, it prohibited arbitrary punishments. The Consent Decree provided for monitoring through a committee, which would conduct inspections and issue written reports on the progress.

On April 15, 1996, the court (Judge Bilby) issued an order finding the Arizona Department of Juvenile Corrections out of compliance with the Consent Decree, in that the Department failed to adhere to the Decree's requirements limiting the population in juvenile facilities to designated levels and demanding the approval of the monitoring committee before increasing the total number of beds. The court ordered the Department to resolve this matter within 30 days. Compliance reports continued to be filed with the court and the docket continues through June 2000.

Laura Uberti - 05/17/2006


compress summary

- click to show/hide ALL -
Issues and Causes of Action
click to show/hide detail
Issues
Discrimination-basis
Disability (inc. reasonable accommodations)
General
Access to lawyers or judicial system
Counseling
Disciplinary procedures
Disciplinary segregation
Education
Fire safety
Phone
Sanitation / living conditions
Totality of conditions
Visiting
Medical/Mental Health
Medical care, general
Plaintiff Type
Private Plaintiff
Type of Facility
Government-run
Causes of Action Indv. w/ Disab. Educ. Act (IDEA), Educ. of All Handcpd. Children Act , 20 U.S.C. § 1400
42 U.S.C. § 1983
Defendant(s) Arizona Department of Corrections
Plaintiff Description inmates at Catalina Mountain Juvenile Institution
Indexed Lawyer Organizations National Center for Youth Law
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 1993 - 1997
Case Closing Year n/a
Case Ongoing No
Docket(s)
86-00195 (D. Ariz.) 06/28/2000
JI-AZ-0002-9000.pdf | Detail
PACER [Public Access to Court Electronic Records]
General Documents
Corrected Sixth Amended Complaint 04/09/1990
JI-AZ-0002-0001.pdf | Detail
Consent Decree 05/05/1993 (D. Ariz.)
JI-AZ-0002-0002.pdf | Detail
Order re: Consent Decree Population Limitations 04/15/1996 (D. Ariz.)
JI-AZ-0002-0003.pdf | Detail
Judges Bilby, Richard Mansfield (D. Ariz.)
JI-AZ-0002-0002 | JI-AZ-0002-0003
Whaley, Robert H. (E.D. Wash.)
JI-AZ-0002-9000
Monitors/Masters None on record
Plaintiff's Lawyers Demchak, Teresa (California)
JI-AZ-0002-9000
Lambert, David Lee (California)
JI-AZ-0002-0001 | JI-AZ-0002-0002 | JI-AZ-0002-9000
McIlvain, Grace (Arizona)
JI-AZ-0002-0001 | JI-AZ-0002-0002 | JI-AZ-0002-9000
Pearl, Richard M (California)
JI-AZ-0002-9000
Defendant's Lawyers Albrecht, Richard (Arizona)
JI-AZ-0002-9000
Brekke, Dean Edward (Arizona)
JI-AZ-0002-9000
Cooper, Charles Justin (District of Columbia)
JI-AZ-0002-9000
Dennis, Thomas John (Arizona)
JI-AZ-0002-9000
Flores, Lisa Daniel (Arizona)
JI-AZ-0002-9000
Goodman, Louis Alan (Arizona)
JI-AZ-0002-0001 | JI-AZ-0002-0002 | JI-AZ-0002-9000
Hauser, Lisa Tewksbury (Arizona)
JI-AZ-0002-9000
Kirk, Michael W. (District of Columbia)
JI-AZ-0002-9000
Lebowitz, Ronald A (Arizona)
JI-AZ-0002-0001 | JI-AZ-0002-0002 | JI-AZ-0002-9000
Thomas, Andrew Peyton (Arizona)
JI-AZ-0002-9000
Other Lawyers None on record

- click to show/hide ALL -

new search
page permalink

- top of page -