University of Michigan Law School
Civil Rights Litigation Clearinghouse
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Case Name U.S. v. Arkansas JI-AR-0003
Docket / Court 4:03-cv-00162-SWW ( E.D. Ark. )
State/Territory Arkansas
Case Type(s) Juvenile Institution
Attorney Organization U.S. Dept. of Justice Civil Rights Division
Case Summary
In May 2002, the U.S. Department of Justice, Civil Rights Division launched an investigation into the conditions of confinement at the Alexander Youth Services Center in Alexander, Arkansas, pursuant to Civil Rights of Institutionalized Persons Act ("CRIPA"), 42 U.S.C. § 1997 et seq. and the ... read more >
In May 2002, the U.S. Department of Justice, Civil Rights Division launched an investigation into the conditions of confinement at the Alexander Youth Services Center in Alexander, Arkansas, pursuant to Civil Rights of Institutionalized Persons Act ("CRIPA"), 42 U.S.C. § 1997 et seq. and the pattern or practice provision of the Violent Crime Control and Law Enforcement Act of 1994, 42 U.S.C. § 14141.

Based on its investigation, the DOJ concluded that the conditions and practices at Alexander violated the constitutional and statutory rights of juvenile residents in the areas of: mental health care and fire safety protections, education services and religious freedom. On November 8, 2002, the United States issued a findings letter which detailed the violations and set out a series of minimum remedial measures to bring the facility up to constitutional standards. The State accepted the recommendations and the parties entered into a Settlement Agreement to ensure compliance.

So that the Agreement could be judicially enforced, the DOJ filed a formal complaint on March 10, 2003 in the U.S. District Court for the Eastern District of Arkansas. That same day, the parties filed a joint motion for approval of the Settlement Agreement. On March 10, 2003, the District Court (Chief Judge Susan W. Wright) approved the Agreement and adopted it as an order of the Court.

We have no further information on this matter.

Dan Dalton - 03/11/2008


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Issues and Causes of Action
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Issues
Affected Gender
Female
Male
General
Education
Fire safety
Religious programs / policies
Special education
Suicide prevention
Totality of conditions
Medical/Mental Health
Mental health care, general
Suicide prevention
Plaintiff Type
U.S. Dept of Justice 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
Civil Rights of Institutionalized Persons Act (CRIPA), 42 U.S.C. § 1997 et seq.
42 U.S.C. § 14141
Defendant(s) Alexander Youth Services Center
Arkansas Department of Human Services
Arkansas Division of Youth Services
State of Arkansas
Plaintiff Description U.S. 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 2003 - 2004
Case Closing Year 2003
Case Ongoing No
Docket(s)
4:03-cv-00162-SWW (E.D. Ark.) 03/17/2003
JI-AR-0003-9000 PDF | Detail
PACER [Public Access to Court Electronic Records]
General Documents
CRIPA Investigation of Alexander Youth Services Center -Alexander, Arkansas 11/08/2002
JI-AR-0003-0001 PDF | Detail
Complaint 03/10/2003
JI-AR-0003-0002 PDF | Detail
Court Entered Settlement 03/12/2003
JI-AR-0003-0003 PDF | Detail
Judges Wright, Susan Webber (E.D. Ark., W.D. Ark., FISC)
JI-AR-0003-9000
Monitors/Masters None on record
Plaintiff's Lawyers Bellan, Maurice A. (District of Columbia)
JI-AR-0003-0002 | JI-AR-0003-0003 | JI-AR-0003-9000
Boyd, Ralph F. Jr. (District of Columbia)
JI-AR-0003-0001 | JI-AR-0003-0002 | JI-AR-0003-0003 | JI-AR-0003-9000
Cummins, H.E. Bud III (Arkansas)
JI-AR-0003-0002 | JI-AR-0003-0003 | JI-AR-0003-9000
Eichner, James (District of Columbia)
JI-AR-0003-0002 | JI-AR-0003-0003 | JI-AR-0003-9000
Preston, Judith C. (District of Columbia)
JI-AR-0003-0002 | JI-AR-0003-0003 | JI-AR-0003-9000
Rosenbaum, Steven H. (District of Columbia)
JI-AR-0003-0002 | JI-AR-0003-0003 | JI-AR-0003-9000
Defendant's Lawyers Thalheimer, Lee S. (Arkansas)
JI-AR-0003-0003
Other Lawyers None on record

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