University of Michigan Law School
Civil Rights Litigation Clearinghouse
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Case Name U.S.A. v. State of Texas JI-TX-0002
Docket / Court 7:08-cv-00038 ( S.D. Tex. )
State/Territory Texas
Case Type(s) Juvenile Institution
Attorney Organization U.S. Dept. of Justice Civil Rights Division
Case Summary
In September 2006, the Civil Rights Division of the U.S. Department of Justice ("DOJ") conducted a consensual investigation of Texas' Evins Regional Juvenile Center ("Evins") pursuant to the Civil Rights of Institutionalized Persons Act ("CRIPA"), 42 U.S.C. § 1997, and the Violent Crime Control ... read more >
In September 2006, the Civil Rights Division of the U.S. Department of Justice ("DOJ") conducted a consensual investigation of Texas' Evins Regional Juvenile Center ("Evins") pursuant to the Civil Rights of Institutionalized Persons Act ("CRIPA"), 42 U.S.C. § 1997, and the Violent Crime Control and Law Enforcement Act of 1994, 42 U.S.C. § 14141. The investigation led to a "findings letter" which reported that Evins violated residents' constitutional rights by not adequately protecting the children confined there from harm.

The report findings included inadequate staffing and reliance on camera surveillance that had "blind spots" allowed for a rate of youth-on-youth assaults at Evins five times the national average, a dysfunctional grievance system, together with inadequacies in staffing, programming, and classification, frequent chaotic violence, poor design which exacerbated the problems of inadequate staffing, a lack of incentives to reward positive behavior and failure to provide programming sufficient to alleviate boredom also contributed to frequent fighting among residents. Youths were not classified by age or seriousness of offense, nor were efforts made to segregate the violent from the non-violent. The DOJ also found that Evins' slow grievance system, in which the residents lacked confidence, contributed to the state's failure to ensure a reasonably safe environment.

Staff-on-resident violence, too, existed at unacceptably high levels due to overworked and under-trained staff. Documentation and review of incidents were insufficient to promote safety. Inadequacies in restraint usage reporting and review also permitted abuses to continue.

On February 01, 2008, DOJ brought an action under 42 U.S.C. § 14141 in the U.S. District Court for the Southern District of Florida, McAllen Division, to enjoin the State of Texas from depriving youth confined at Evins privileges or immunities secured or protected by the Constitution and laws of the United States. The complaint alleges that Defendants have engaged, and continued to engage, in a pattern or practice of failing to ensure that the youth at Evins are adequately protected from harm and from undue risk of harm from staff assault and youth-on-youth assault, of failing to provide youth at Evins adequate due process, of failing to ensure that youth at Evins receive adequate rehabilitative treatment.

On the same day, the parties also filed an Agreed Proposed Order to settle the case. On May 08, 2008, Chief Judge Ricardo H. Hinojosa approved the Agreed Order and the case was terminated. Pursuant to terms and requirements of the Agreed Order, the State of Texas agrees to develop and implement policies, procedures, and practices to protect youth from harm, to report staff misconduct and other serious incidents, to provide staff, volunteers and contractual employees of Evins with training regarding their responsibilities, etc. The State also agrees that the DOJ shall monitor the State's compliance with this Agreed Order. The DOJ's monitoring shall include, on-site inspections of Evins, interviews with Evins youth, staff, and administrators, and a review of relevant documents. The DOJ shall retain a juvenile justice consultant with expertise in protection of youth from harm within the context of the operation of a secure juvenile justice facility to assist the DOJ in its monitoring activities. DOJ shall routinely report its assessment of the state's compliance to the Court. The Agreed Order shall terminate three years from the date it is ordered by the Court.

On May 05, 2011, DOJ filed the Sixth Compliance Report with the Court. DOJ's assessment is that the State has achieved compliance with the Agreed Order. DOJ therefore has no objection to the termination of this matter, as set out in the Agreed Order, on May 5, 2011.

Xin Chen - 07/24/2011


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Issues and Causes of Action
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Issues
Affected Gender
Male
General
Assault/abuse by residents/inmates/students
Assault/abuse by staff
Classification / placement
Grievance Procedures
Recreation / Exercise
Staff (number, training, qualifications, wages)
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) Texas Youth Commission
Plaintiff Description U.S. Department of Justice on behalf on inmates of Evins Regional Juvenile Center, Edinburg, Texas.
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 2008 - 2011
Case Closing Year 2008
Case Ongoing No
Docket(s)
7:08-cv-00038 (S.D. Tex.) 07/18/2011
JI-TX-0002-9000 PDF | Detail
PACER [Public Access to Court Electronic Records]
General Documents
Re: Evins Regional Juvenile Center, Edinburg, Texas 03/15/2007
JI-TX-0002-0001 PDF | Detail
Complaint 02/01/2008
JI-TX-0002-0002 PDF | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Agreed [Proposed] Order 02/01/2008
JI-TX-0002-0003 PDF | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Agreed [Final] Order 04/11/2008
JI-TX-0002-0004 PDF | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Compliance Report 05/05/2011
JI-TX-0002-0005 PDF | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Judges Hinojosa, Ricardo H. (S.D. Tex.)
JI-TX-0002-0004 | JI-TX-0002-9000
Monitors/Masters None on record
Plaintiff's Lawyers England, Sheridan Leigh (District of Columbia)
JI-TX-0002-0003 | JI-TX-0002-0005 | JI-TX-0002-9000
Fleisher, Aaron S (District of Columbia)
JI-TX-0002-9000
Jackson, Shelley (District of Columbia)
JI-TX-0002-9000
Weiss, Daniel H. (District of Columbia)
JI-TX-0002-0002 | JI-TX-0002-0003 | JI-TX-0002-0005 | JI-TX-0002-9000
Wyatt, Keith Edward (Texas)
JI-TX-0002-0002 | JI-TX-0002-9000
Defendant's Lawyers Todd, James Carlton (Texas)
JI-TX-0002-9000
Other Lawyers Abbott, Greg (Texas)
JI-TX-0002-0001
Kim, Wan J. (District of Columbia)
JI-TX-0002-0001

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