University of Michigan Law School
Civil Rights Litigation Clearinghouse
new search
page permalink
Case Name U.S. v. Mississippi ID-MS-0002
Docket / Court 94CV115 ( S.D. Miss. )
State/Territory Mississippi
Case Type(s) Intellectual Disability (Facility)
Case Summary
On July 23, 1990, the United States Department of Justice (DOJ) instituted an investigation into the conditions of confinement at the Boswell Retardation Center in Sanitorium, Mississippi, pursuant to the Civil Rights of Institutionalized Persons Act (CRIPA), 42 U.S.C. § 1997. The investigation ... read more >
On July 23, 1990, the United States Department of Justice (DOJ) instituted an investigation into the conditions of confinement at the Boswell Retardation Center in Sanitorium, Mississippi, pursuant to the Civil Rights of Institutionalized Persons Act (CRIPA), 42 U.S.C. § 1997. The investigation was instituted due to concerns that the constitutional rights of the residents at Boswell were being violated by inadequate staffing, abuse, neglect, misuse of restraints, inadequate record-keeping, and failure to provide treatment.

On November 21, 1991, the DOJ issued a findings letter to the State of Mississippi, informing the governor that their investigation had revealed unconstitutional conditions at Boswell, including undue restraint on residents, inadequate staffing, inadequate psychiatric care, poor record-keeping, and a physical environment which threatens the health and safety of residents.

On March 9, 1994, the DOJ filed a lawsuit against the State of Mississippi under 42 U.S.C. § 1997 in the U.S. District Court for the Southern District of Mississippi. The complaint alleged that the defendants were violating the constitutional rights of the residents at Boswell. On March 10, 1994, the District Court (Judge Tom S. Lee) adopted an agreed order filed jointly by the parties to the lawsuit.

On March 31, 1999, the parties filed a joint motion for dismissal. The District Court (Judge Lee) granted the motion and dismissed the case.

Kristen Sagar - 03/21/2007


compress summary

- click to show/hide ALL -
Issues and Causes of Action
click to show/hide detail
Issues
Disability
Least restrictive environment
General
Assault/abuse by staff
Habilitation (training/treatment)
Neglect by staff
Record-keeping
Restraints : physical
Staff (number, training, qualifications, wages)
Medical/Mental Health
Mental health care, general
Mental Disability
Intellectual/developmental disability, unspecified
Plaintiff Type
U.S. Dept of Justice plaintiff
Type of Facility
Government-run
Causes of Action Civil Rights of Institutionalized Persons Act (CRIPA), 42 U.S.C. § 1997 et seq.
Defendant(s) Boswell Retardation Center
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 1994 - 1999
Case Closing Year 1999
Case Ongoing No
Docket(s)
94-CV-115 (S.D. Miss.) 03/31/1999
ID-MS-0002-9000 PDF | Detail
PACER [Public Access to Court Electronic Records]
General Documents
Notice Letter re: CRIPA Investigation of Boswell Retardation Center, Sanatorium, Mississippi 07/23/1990
ID-MS-0002-0001 PDF | Detail
Findings Letter re: CRIPA Investigation of Boswell Retardation Center, Sanatorium, Mississippi 11/21/1991
ID-MS-0002-0002 PDF | Detail
Complaint 03/02/1994
ID-MS-0002-0003 PDF | Detail
Agreed Order 03/09/1994 (S.D. Miss.)
ID-MS-0002-0004 PDF | Detail
Judges Lee, Tom Stewart (S.D. Miss.)
ID-MS-0002-0004 | ID-MS-0002-9000
Monitors/Masters None on record
Plaintiff's Lawyers Deutsch, David (District of Columbia)
ID-MS-0002-0003 | ID-MS-0002-0004
Dunne, John R. (District of Columbia)
ID-MS-0002-0001 | ID-MS-0002-0002
Lynn, Daniel E. (District of Columbia)
ID-MS-0002-9000
Peabody, Arthur E. Jr. (District of Columbia)
ID-MS-0002-0003
Phillips, George L. (District of Columbia)
ID-MS-0002-0001 | ID-MS-0002-0003
Reno, Janet (District of Columbia)
ID-MS-0002-0003
Turner, James P. (District of Columbia)
ID-MS-0002-0003 | ID-MS-0002-0004
Defendant's Lawyers Moore, Mike (Mississippi)
ID-MS-0002-0001 | ID-MS-0002-0002 | ID-MS-0002-0004
Thweatt, Carol F. (Mississippi)
ID-MS-0002-9000
Other Lawyers None on record

- click to show/hide ALL -

new search
page permalink

- top of page -