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Civil Rights Litigation Clearinghouse
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Case Name U.S. v. Oklahoma JI-OK-0002
Docket / Court 06-CV-673-TCK-FHM ( N.D. Okla. )
State/Territory Oklahoma
Case Type(s) Juvenile Institution
Attorney Organization U.S. Dept. of Justice Civil Rights Division
Case Summary
On December 15, 2006, the United States filed a complaint in the U.S. District Court for the Northern District of Oklahoma seeking declaratory and injunctive relief against the state of Oklahoma and its' officials and subgroups responsible for operation of the L.E. Rader Center ("Rader") juvenile ... read more >
On December 15, 2006, the United States filed a complaint in the U.S. District Court for the Northern District of Oklahoma seeking declaratory and injunctive relief against the state of Oklahoma and its' officials and subgroups responsible for operation of the L.E. Rader Center ("Rader") juvenile detention facility. The complaint, as amended on May 4, 2007, alleged that the defendants (1) denied Rader's residents their rights to protection from harm from staff, from other residents, and from improper administration of psychotropic drugs; (2) provided inadequate mental health care at Rader, particularly as to screening, assessment, treatment and transition planning, and psychiatric and psychological services; and (3) failed to provide required special education services to qualifying Rader residents. Represented by Department of Justice Civil Rights Division attorneys, the federal government initiated the action pursuant to 42 U.S.C. § 14141, the pattern or practice provision of the Violent Crime Control and Law Enforcement Act of 1994. The amended complaint alleged that the state defendants' conduct violated the Fourteenth Amendment, as well as Section 504 of the Rehabilitation Act of 1973, 29 U.S.C. § 794, and related regulations, and the Individuals with Disabilities Act, 20 U.S.C. § 1401.

The case, assigned to District Judge Gregory K. Frizzell, prompted motion and discovery practice resulting in several June 2007, unpublished orders by Magistrate Judge Frank H. McCarthy. These addressed matters such as protective orders to keep disclosed information about residents confidential; scheduling of on-site inspections at Rader by plaintiffs' counsel and expert consultants; who would bear the cost of security escorts during the visits (the United States, said the magistrate); and whether interviews conducted during the visits would have to be recorded (they would).

In June 2008, a settlement was reached and on September 9, 2008, the court (Judge Frizzell) entered an order incorporating the consent decree. The case was terminated at this time. The consent decree included resolutions to protect juvenile residents from harm, prevention of suicide and self-harm, mental health care, and special education claims, and was set to expire three years from the date it was signed.

In September 2011, a little over a week before the consent decree was set to expire, the plaintiffs filed an emergency motion to modify the decree. The plaintiffs alleged that since Rader was closed by the state in 2011, there had been several incidents at two "replacement" facilities. The plaintiffs alleged that the defendants had not given them full access to investigate the incidents. The plaintiffs wanted the consent decree modified to extend to these other facilities so that the incidents could be investigated with the support of the court. The defendants objected, arguing that Rader was the only facility under the order and that the two facilities are not replacements as defined in the consent decree. The court agreed with the defendants, finding that the separate, pre-existing juvenile centers were not replacements under the terms of the consent decree. Defendants then filed a Motion to Dismiss, citing the expiration of the consent decree, which the court granted on November 18, 2011.

Elizabeth Daligga - 07/27/2012


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Issues and Causes of Action
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Issues
Affected Gender
Female
Male
Content of Injunction
Monitor/Master
Monitoring
Reporting
General
Assault/abuse by residents/inmates/students
Assault/abuse by staff
Juveniles
Personal injury
Sex w/ staff; sexual harassment by staff
Sexual abuse by residents/inmates
Special education
Suicide prevention
Medical/Mental Health
Medication, administration of
Mental health care, general
Suicide prevention
Plaintiff Type
U.S. Dept of Justice plaintiff
Type of Facility
Government-run
Causes of Action 42 U.S.C. § 14141
Section 504 (Rehabilitation Act), 29 U.S.C. § 701
Indv. w/ Disab. Educ. Act (IDEA), Educ. of All Handcpd. Children Act , 20 U.S.C. § 1400
Defendant(s) Oklahoma Board of Juvenile Affairs
Oklahoma Office of Juvenile Affairs
State of Oklahoma
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 2008 - 2011
Case Closing Year 2011
Case Ongoing No
Docket(s)
4:06-cv-00673-GKF-FHM (N.D. Okla.) 11/18/2011
JI-OK-0002-9000.pdf | Detail
PACER [Public Access to Court Electronic Records]
General Documents
Complaint 12/15/2006
JI-OK-0002-0001.pdf | Detail
Amended Complaint 05/04/2007
JI-OK-0002-0002.pdf | Detail
Protective Order 06/04/2007 (N.D. Okla.)
JI-OK-0002-0003.pdf | Detail
Order 06/04/2007 (2007 WL 1662770) (N.D. Okla.)
JI-OK-0002-0013.pdf | WESTLAW | Detail
Order 06/22/2007 (N.D. Okla.)
JI-OK-0002-0004.pdf | Detail
United States' Motion for Preliminary Injunction 08/15/2007
JI-OK-0002-0006.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Consent Decree 09/09/2008
JI-OK-0002-0005.pdf | External Link | Detail
Administrative Closing Order 09/10/2008 (N.D. Okla.)
JI-OK-0002-0007.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
United States' Emergency Motion to Enforce Consent Decree, Motion to Modify Consent Decree and Incorporated Memorandum of Law 09/01/2011
JI-OK-0002-0008.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Defendants' Objection to Plaintiff's Motion to Enforce Consent Decree, Motion to Modify and Brief in Support 09/09/2011
JI-OK-0002-0009.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Opinion and Order 09/21/2011 (N.D. Okla.)
JI-OK-0002-0010.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Defendants' Motion to Dismiss and Brief in Support 10/07/2011
JI-OK-0002-0011.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Order 11/18/2011 (N.D. Okla.)
JI-OK-0002-0012.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Judges Frizzell, Gregory Kent (N.D. Okla.)
JI-OK-0002-0005 | JI-OK-0002-0007 | JI-OK-0002-0010 | JI-OK-0002-0012 | JI-OK-0002-9000
McCarthy, Frank H. (N.D. Okla.) [Magistrate]
JI-OK-0002-0003 | JI-OK-0002-0004 | JI-OK-0002-0013 | JI-OK-0002-9000
Monitors/Masters None on record
Plaintiff's Lawyers Baker, Wyn D. (Oklahoma)
JI-OK-0002-0001 | JI-OK-0002-0002 | JI-OK-0002-0005 | JI-OK-0002-0006 | JI-OK-0002-0013 | JI-OK-0002-9000
Becker, Grace Chung (District of Columbia)
JI-OK-0002-0005
Brown Cutlar, Shanetta Y. (District of Columbia)
JI-OK-0002-0001 | JI-OK-0002-0002 | JI-OK-0002-0005 | JI-OK-0002-0013 | JI-OK-0002-9000
Coon, Laura (District of Columbia)
JI-OK-0002-0001 | JI-OK-0002-0002 | JI-OK-0002-0005 | JI-OK-0002-0008 | JI-OK-0002-0013 | JI-OK-0002-9000
Donnelly, Matthew J. (District of Columbia)
JI-OK-0002-9000
Glasse, Fortune A. (District of Columbia)
JI-OK-0002-0001 | JI-OK-0002-0002 | JI-OK-0002-9000
Grigsby, Stacey Kamya (District of Columbia)
JI-OK-0002-0002 | JI-OK-0002-0005 | JI-OK-0002-0006 | JI-OK-0002-0013 | JI-OK-0002-9000
Jung, Je Yon (District of Columbia)
JI-OK-0002-0001 | JI-OK-0002-0002 | JI-OK-0002-0005 | JI-OK-0002-0013 | JI-OK-0002-9000
Kim, Wan J. (District of Columbia)
JI-OK-0002-0001 | JI-OK-0002-0002 | JI-OK-0002-0006 | JI-OK-0002-0013 | JI-OK-0002-9000
McDuffie, Kenyan (District of Columbia)
JI-OK-0002-9000
Myrthil, Marlysha (District of Columbia)
JI-OK-0002-9000
O'Meilia, David E. (Oklahoma)
JI-OK-0002-0001 | JI-OK-0002-0002 | JI-OK-0002-0005 | JI-OK-0002-0006
Preston, Judith C. (District of Columbia)
JI-OK-0002-0001 | JI-OK-0002-0002 | JI-OK-0002-0005 | JI-OK-0002-0006 | JI-OK-0002-0013 | JI-OK-0002-9000
Simons, Shaheena Ahmad (California)
JI-OK-0002-0005 | JI-OK-0002-0006 | JI-OK-0002-9000
Defendant's Lawyers Gruber, Thomas W. (Oklahoma)
JI-OK-0002-0005
Jones, Kindanne C. (Oklahoma)
JI-OK-0002-0009 | JI-OK-0002-0011 | JI-OK-0002-0013 | JI-OK-0002-9000
Mann, Richard Neal (Oklahoma)
JI-OK-0002-0013 | JI-OK-0002-9000
Tsiakilos, Jill Christine (Oklahoma)
JI-OK-0002-0013 | JI-OK-0002-9000
Weitman, M. Daniel (Oklahoma)
JI-OK-0002-9000
Other Lawyers None on record

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