University of Michigan Law School
Civil Rights Litigation Clearinghouse
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Case Name U.S. v. Kentucky JI-KY-0004
Docket / Court 95-CV-757 ( W.D. Ky. )
State/Territory Kentucky
Case Type(s) Juvenile Institution
Case Summary
On November 13, 1995, the United States Department of Justice filed a lawsuit against the commonwealth of Kentucky in the United States District Court for the Western District of Kentucky pursuant in the Civil Rights of Institutionalized Persons Act (CRIPA), 42 U.S.C. § 1997 et seq., and the ... read more >
On November 13, 1995, the United States Department of Justice filed a lawsuit against the commonwealth of Kentucky in the United States District Court for the Western District of Kentucky pursuant in the Civil Rights of Institutionalized Persons Act (CRIPA), 42 U.S.C. § 1997 et seq., and the provisions of the Crime Bill, 42 U.S.C. 14141, concerning the administration of juvenile justice. The DOJ alleged that the conditions at juvenile institutions in Kentucky did not meet constitutional standards. Specifically, they alleged that defendants failed to provide adequate medical care, mental health care, rehabilitation and aftercare, education and special education, and access to exercise to juveniles confined in Kentucky juvenile treatment facilities. The DOJ also alleged that conditions and inadequate supervision at these facilities created serious health and safety risks, and that defendants had failed to adequately classify juveniles. Finally, they alleged that defendants failed to protect juveniles from staff abuse, failed to provide institutional safeguards for the use of isolation, and failed to adequately protect juveniles from undue risk of harm from fire. The DOJ sought a permanent injunction.

On December 4, 1995, the district court (Judge Charles R. Simpson III) granted the parties' motion to enter their consent decree as an order of the court. The parties agreed that defendants would remedy each of the above violations within 180 days. The court retained jurisdiction until compliance with the consent decree was completed. In addition, defendants agreed that if they decided to construct new treatment facilities or renovate existing ones, they would comply with the standards of the American Correctional Association (ACA), the Americans with Disabilities Act of 1990 (ADA), and all Kentucky fire codes and regulations.

On April 29, 1996 the district court (Judge Simpson) granted the DOJ's motion for an order appointing a monitor to oversee the implementation of the consent decree. The docket ends on January 17, 2001 with the court (Judge Simpson) granting the parties' joint motion to dismiss or terminate the consent decree.

Emilee Baker - 11/05/2007


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Issues and Causes of Action
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Issues
General
Assault/abuse by residents/inmates/students
Assault/abuse by staff
Classification / placement
Confinement/isolation
Counseling
Disciplinary procedures
Disciplinary segregation
Education
Fire safety
Recreation / Exercise
Rehabilitation
Sanitation / living conditions
Special education
Staff (number, training, qualifications, wages)
Totality of conditions
Medical/Mental Health
Medical care, general
Mental health care, general
Plaintiff Type
U.S. Dept of Justice plaintiff
Type of Facility
Government-run
Causes of Action 42 U.S.C. § 14141
Civil Rights of Institutionalized Persons Act (CRIPA), 42 U.S.C. § 1997 et seq.
Defendant(s) Commonwealth of Kentucky
Plaintiff Description United States Department of Justice
Indexed Lawyer Organizations None on record
Class action status sought No
Class action status granted No
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 1995 - 2001
Case Closing Year 2001
Case Ongoing No
Docket(s)
95-757 (W.D. Ky.) 01/17/2001
JI-KY-0004-9000 PDF | Detail
PACER [Public Access to Court Electronic Records]
General Documents
Notice Letter re: CRIPA Investigation of Green River Boys Camp, Rice-Audobon Treatment Center, and Central Kentucky Treatment Center. 02/09/1995
JI-KY-0004-0001 PDF | Detail
Notice Letter re: CRIPA Investigation of Johnson-Breckenridge Treatment Center, Kouisville, Kentucky 05/01/1995
JI-KY-0004-0002 PDF | Detail
Findings Letter re: CRIPA Investigation of Owensboro Treatment Center, Green River Boys Camp, Johnson-Breckinridge Treatment Center, Rice-Audobon Treatment Center, and Central Kentucky Treatment Center 07/27/1995
JI-KY-0004-0003 PDF | Detail
Complaint for Injunctive Relief 11/13/1995
JI-KY-0004-0004 PDF | Detail
Consent Decree 11/13/1995 (W.D. Ky.)
JI-KY-0004-0005 PDF | Detail
Judges Simpson, Charles Ralph III (W.D. Ky.)
JI-KY-0004-0005 | JI-KY-0004-9000
Monitors/Masters None on record
Plaintiff's Lawyers Bondurant, Jane Gilbert (Kentucky)
JI-KY-0004-9000
Frohboese, Robinsue (District of Columbia)
JI-KY-0004-0004 | JI-KY-0004-0005
Maddox, William G. (District of Columbia)
JI-KY-0004-0004 | JI-KY-0004-0005 | JI-KY-0004-9000
Moossy, Robert J. (District of Columbia)
JI-KY-0004-0004 | JI-KY-0004-0005 | JI-KY-0004-9000
Patrick, Deval L. (District of Columbia)
JI-KY-0004-0001 | JI-KY-0004-0002 | JI-KY-0004-0003 | JI-KY-0004-0004 | JI-KY-0004-0005
Peabody, Arthur E. Jr. (District of Columbia)
JI-KY-0004-0002 | JI-KY-0004-0004 | JI-KY-0004-0005
Reno, Janet (District of Columbia)
JI-KY-0004-0004 | JI-KY-0004-0005
Troop, Michael (Kentucky)
JI-KY-0004-0004 | JI-KY-0004-0005
Defendant's Lawyers Debolt, Raymond R. Jr. (Kentucky)
JI-KY-0004-9000
Dunlap, Earl L. (Kentucky)
JI-KY-0004-9000
Guilfoil, Micah Gale (Kentucky)
JI-KY-0004-9000
Jones, Barbara Willett (Kentucky)
JI-KY-0004-9000
Kuhn, John E. Jr. (Kentucky)
JI-KY-0004-0005 | JI-KY-0004-9000
Moore, William K (Kentucky)
JI-KY-0004-9000
Other Lawyers None on record

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