University of Michigan Law School
Civil Rights Litigation Clearinghouse
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Case Name CRIPA Investigation, Terrell County (GA) JC-GA-0002
Docket / Court 1:04-CV-76 (WLS) ( M.D. Ga. )
State/Territory Georgia
Case Type(s) Jail Conditions
Attorney Organization U.S. Dept. of Justice Civil Rights Division
Case Summary
In 1994, the Civil Rights Division of the U.S. Department of Justice notified Terrell County, Georgia that it intended to investigate conditions in the county jail. In 1995, following the investigation, the DOJ notified the Chairman of the Terrell County Commission of its findings and made ... read more >
In 1994, the Civil Rights Division of the U.S. Department of Justice notified Terrell County, Georgia that it intended to investigate conditions in the county jail. In 1995, following the investigation, the DOJ notified the Chairman of the Terrell County Commission of its findings and made recommendations regarding staffing and supervision, grievance system, exercise, visitation, access to reading materials and religious services, medical and mental healthcare, dental care, suicide prevention, general sanitation, fire safety, plumbing, lighting, ventilation, overcrowding, and food services.

On June 7, 2004, the DOJ filed a lawsuit against Terrell County in the US District Court for the Middle District of Georgia. On September 30, 2006, Judge Sands granted the DOJ's motion for summary judgment. Judge Sands held that conditions at the Terrell County Jail were unconstitutional.

On December 21, 2007, Judge Sands rejected the defendants' proposed remedial plan in favor of the DOJ's proposed plan, with slight modification.

On December 14, 2010, Judge Sands granted the DOJ's motion to hold the defendants in civil contempt for violation of the court's remedial order and to stay the termination of the remedial order.

On October 17, 2011, Judge Sands approved a modified remedial order resolving the DOJ's motion to hold the defendants in contempt. The modified order removed substantive provisions of the remedial order that the defendants had attained substantial compliance with, but retained provisions related to the three remaining areas of significant concern: adequacy of staffing, medical and mental healthcare, and suicide prevention.

On July 15, 2014, Judge Sands terminated the modified order and dismissed the case upon the recommendation of the parties who agreed that the defendants had achieved compliance with most or all of the components of each provision and have maintained compliance for at least six months.

Lauren Cutson - 05/20/2005
Jessica Kincaid - 04/09/2015


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Issues and Causes of Action
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Issues
Content of Injunction
Monitoring
Crowding
Crowding / caseload
General
Counseling
Disciplinary procedures
Fire safety
Food service / nutrition / hydration
Library (non-law) access
Recreation / Exercise
Religious programs / policies
Sanitation / living conditions
Staff (number, training, qualifications, wages)
Suicide prevention
Visiting
Medical/Mental Health
Dental care
Medical care, general
Mental health care, general
Suicide prevention
Plaintiff Type
U.S. Dept of Justice plaintiff
Causes of Action Civil Rights of Institutionalized Persons Act (CRIPA), 42 U.S.C. ยง 1997 et seq.
Defendant(s) Terrell County Jail
Plaintiff Description United States Department of Justice
Indexed Lawyer Organizations U.S. Dept. of Justice Civil Rights Division
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 2007 - 2014
Case Closing Year 2014
Case Ongoing No
Additional Resources
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Case Studies After Decision: Implementation of Judicial Decrees in Correctional Settings
Written: Oct. 01, 1977
By: M. Kay Harris & Dudley P. Spiller (Temple University)
Citation: (1977)
[ Detail ] [ PDF ]

  An Analysis of CRIPA Findings Letters Issued to Jails for Constitutional Violations by the Department of Justice
Written: Apr. 15, 2016
By: Jeff Mellow, Bryce E. Peterson & Mijin Kim (John Jay College of Criminal Justice)
Citation: Am. J. Crim. Just. (April 2016)
[ Detail ] [ External Link ]

Docket(s)
No docket sheet currently in the collection
General Documents
Findings Letter re: CRIPA Investigation of Terrell County Jail 06/01/1995
JC-GA-0002-0001.pdf | Detail
Complaint 06/07/2004
JC-GA-0002-0005.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Order 09/30/2006 (457 F.Supp.2d 1359) (M.D. Ga.)
JC-GA-0002-0002.pdf | WESTLAW| LEXIS | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Proposed Order 12/21/2007 (M.D. Ga.)
JC-GA-0002-0003.pdf | Detail
Document Source: U.S. Department of Justice, Civil Rights Division, Special Litigation Section
Order 12/21/2007 (M.D. Ga.)
JC-GA-0002-0004.pdf | Detail
Document Source: U.S. Department of Justice, Civil Rights Division, Special Litigation Section
Order 12/14/2010 (M.D. Ga.)
JC-GA-0002-0006.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Order for Entry of Modified Remedial Order 10/17/2011 (M.D. Ga.)
JC-GA-0002-0007.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Dismissal Order 07/15/2014 (M.D. Ga.)
JC-GA-0002-0008.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Judges Sands, Willie Louis (M.D. Ga.)
JC-GA-0002-0002 | JC-GA-0002-0003 | JC-GA-0002-0004 | JC-GA-0002-0006 | JC-GA-0002-0007 | JC-GA-0002-0008
Monitors/Masters None on record
Plaintiff's Lawyers Acosta, R. Alexander (District of Columbia)
JC-GA-0002-0005
Ashcroft, John (District of Columbia)
JC-GA-0002-0005
Brown Cutlar, Shanetta Y. (District of Columbia)
JC-GA-0002-0005
Cheng, Christopher N. (District of Columbia)
JC-GA-0002-0005
Gregg, Tammie (District of Columbia)
JC-GA-0002-0005
Low, Daniel L. (District of Columbia)
JC-GA-0002-0005
Wood, Frank Maxwell (Georgia)
JC-GA-0002-0005
Defendant's Lawyers None on record
Other Lawyers Patrick, Deval L. (District of Columbia)
JC-GA-0002-0001

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