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Case Name DOJ Investigation of Delaware Correctional Center, Howard R. Young Correctional Institution, Sussex Correctional Institution, John L. Webb Correctional Facility, and Delores J. Baylor Women's Correctional Institution PC-DE-0007
Docket / Court No Court Case ( No Court )
State/Territory Delaware
Case Type(s) Prison Conditions
Case Summary
On March 7, 2006, the U.S. Department of Justice’s (DOJ) Civil Rights Division notified Delaware of its intent to conduct an investigation of five Delaware state prisons pursuant to the Civil Rights of Institutionalized Persons Act ("CRIPA"), 42 U.S.C. § 1997. On December 29, 2006, the Division ... read more >
On March 7, 2006, the U.S. Department of Justice’s (DOJ) Civil Rights Division notified Delaware of its intent to conduct an investigation of five Delaware state prisons pursuant to the Civil Rights of Institutionalized Persons Act ("CRIPA"), 42 U.S.C. § 1997. On December 29, 2006, the Division advised Delaware officials of the Division’s findings with respect to medical and mental health care, conditions, and practices at those five facilities (the Delaware Correctional Center, the Howard R. Young Correctional Institution, the Sussex Correctional Institution, the John L. Webb Correctional Facility, and the Delores J. Baylor Women's Correctional Institution.

DOJ found that four of the five facilities were not in compliance with constitutional standards. (No findings of non-compliance were made as to the Webb facility.) The DOJ findings letter included a list of recommended minimal remedial measures for improved medical and mental health care in the four facilities. Most recommendations dealt with psychiatric services and suicide prevention measures.

On the same day as the findings letter, Delaware officials and their outside private counsel signed a Memorandum of Agreement with DOJ. The agreement obligated the state to a take number of remedial measures at the four deficient prisons and to hire an independent monitor to oversee and report semi-annually on compliance with the state’s obligations. The agreed-upon remedial measures addressed issues of general medical and mental health care (e.g., policy and recordkeeping improvements, laboratory order efficiency), staffing and training, screening and treatment, access to care, chronic disease care, medication, emergency care, mental health care, suicide prevention, and quality assurance. The agreement also contained provisions addressing its implementation, monitoring, enforcement and termination.

On June 29, 2007 and January 21, 2008, Joshua W. Martin III, the independent monitor, filed reports required by the agreement. The first report was somewhat preliminary, as the monitor had only recently been retained and made initial visits to the facilities. This first report recommended improved clinic and equipment sanitation, filling of management staffing vacancies at the contract medical vendor the state used to provide services at the prisons, and improved facility documentation of the services provided to prisoners. The second, more comprehensive report by the monitoring team noted improvements as to sanitation, continuing staffing problems with the vendor, a continued need for recordkeeping improvements, and (depending on the facility) a range of partial, full, and non-compliance with the many requirements imposed by the agreement. The Delaware Department of Correction’s action plan, which contained timetables for achieving improvements pursuant to the agreement, is an attachment to the second report.

The next monitor’s report is due in June 2008.

Mike Fagan - 04/10/2008


compress summary

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Issues and Causes of Action
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Issues
Affected Gender
Female
Male
General
Disciplinary procedures
Staff (number, training, qualifications, wages)
Suicide prevention
Medical/Mental Health
HIV/AIDS
Medical care, general
Medication, administration of
Mental health care, general
Skin Infections
Suicide prevention
Type of Facility
Government-run
Causes of Action Civil Rights of Institutionalized Persons Act (CRIPA), 42 U.S.C. § 1997 et seq.
Defendant(s) Delaware Correctional Center
Delores J. Baylor Women's Correctional Institution
Howard R. Young Correctional Institution
Sussex Correctional Institution
Plaintiff Description United States Department of Justice
Indexed Lawyer Organizations None on record
Class action status sought
Class action status granted No
Prevailing Party Plaintiff
Public Int. Lawyer No
Nature of Relief Injunction / Injunctive-like Private Settlement
Source of Relief Settlement
Form of Settlement Private Settlement Agreement
Order Duration 2006 - 2009
Case Closing Year n/a
Case Ongoing Yes
Additional Resources
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Case Studies Civil Rights Injunctions Over Time: A Case Study of Jail and Prison Court Orders
By: Margo Schlanger (University of Michigan)
Citation: 81 N.Y.U. L. Rev. 550 (2006)
[ Detail ] [ External Link ]

  Judicial Policy Making and the Modern State: How the Courts Reformed America's Prisons
By: Malcolm M. Feeley & Edward Rubin (UC Berkeley Boalt Hall School of Law & Vanderbilt School of Law Faculty)
Citation: (1998)
[ Detail ]

Docket(s)
No docket sheet currently in the collection
General Documents
Memorandum of Agreement Between the United States Department of Justice and the State of Delaware 12/29/2006
PC-DE-0007-0001 PDF | Detail
RE: Investigation of Delaware Correctional Center, Howard R. Young Correctional Institution, Sussex Correctional Institution, John L. Webb Correctional Facility, and Delores J. Baylor Women's Correctional Institution 12/29/2006
PC-DE-0007-0002 PDF | Detail
First Semi-Annual Report of the Independent Monitor 06/29/2007
PC-DE-0007-0003 PDF | Detail
Second Semi-Annual Report of the Independent Monitor 01/31/2008
PC-DE-0007-0004 PDF | Detail
Judges None on record
Monitors/Masters Hill, Suzanne M. (Delaware)
PC-DE-0007-0004
LaMarre, Madeleine (Georgia)
PC-DE-0007-0003 | PC-DE-0007-0004
Martin, Joshua W. III (Delaware)
PC-DE-0007-0003 | PC-DE-0007-0004
Metzner, Jeffrey L. M.D., P.C. (Colorado)
PC-DE-0007-0003 | PC-DE-0007-0004
Puisis, Michael M.D. (Illinois)
PC-DE-0007-0003 | PC-DE-0007-0004
Rush, Michael B. (Delaware)
PC-DE-0007-0004
Shansky, Ronald M.D., S.C. (Illinois)
PC-DE-0007-0003 | PC-DE-0007-0004
Stellman, Roberta E. M.D., DABPN, CCHP, DFAPA (New Mexico)
PC-DE-0007-0003 | PC-DE-0007-0004
Plaintiff's Lawyers Brown Cutlar, Shanetta Y. (District of Columbia)
PC-DE-0007-0003 | PC-DE-0007-0004
Kim, Wan J. (District of Columbia)
PC-DE-0007-0001 | PC-DE-0007-0003 | PC-DE-0007-0004
Trainor, Cathleen (District of Columbia)
PC-DE-0007-0003 | PC-DE-0007-0004
Weiss, Daniel H. (District of Columbia)
PC-DE-0007-0003 | PC-DE-0007-0004
Defendant's Lawyers Bromwich, Michael R. (District of Columbia)
PC-DE-0007-0001 | PC-DE-0007-0002 | PC-DE-0007-0003 | PC-DE-0007-0004
Connolly, Colm F. (Delaware)
PC-DE-0007-0002
Danberg, Carl C. (Delaware)
PC-DE-0007-0001 | PC-DE-0007-0002 | PC-DE-0007-0003 | PC-DE-0007-0004
McClain, Beth C. (New York)
PC-DE-0007-0002
Taylor, Stanley W. Jr. (Delaware)
PC-DE-0007-0003 | PC-DE-0007-0004
Other Lawyers None on record

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