University of Michigan Law School
Civil Rights Litigation Clearinghouse
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Case Name US v. Arizona JI-AZ-0003
Docket / Court 2:04-cv-01926-EHC ( D. Ariz. )
State/Territory Arizona
Case Type(s) Disability Rights-Pub. Accom.
Juvenile Institution
Attorney Organization U.S. Dept. of Justice Civil Rights Division
Case Summary
In June 2002, the U.S. Department of Justice, Civil Rights Division launched an investigation into the conditions at the juvenile justice facilities at the Adobe Mountain School, Black Canyon School, and Catalina Mountain School in Arizona, pursuant to Civil Rights of Institutionalized Persons Act ( ... read more >
In June 2002, the U.S. Department of Justice, Civil Rights Division launched an investigation into the conditions at the juvenile justice facilities at the Adobe Mountain School, Black Canyon School, and Catalina Mountain School in Arizona, 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 the Arizona facilities violated the constitutional and statutory rights of juvenile residents in the areas of: suicide prevention, education, mental health care and medical care. On January 23, 2004, the DOJ issued a findings letter which detailed the violations and set out a series of minimum remedial measures to bring the facilities up to constitutional standards. The State accepted the recommendations and the parties entered into a Memorandum of Agreement to ensure compliance.

So that the Agreement could be judicially enforced, the DOJ filed a formal complaint on September 15, 2004 in the U.S. District Court for the District of Arizona. That same day, the parties filed a joint motion for approval of the Memorandum of Agreement.

On September 27, 2004, District Court Judge Earl H. Carroll ordered that the case be conditionally dismissed and placed on the inactive docket pending compliance w/the Memorandum of Agreement lodged w/the Court. The Court retained jurisdiction over the case for a period of three years to monitor compliance.

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
Discrimination-basis
Disability (inc. reasonable accommodations)
General
Assault/abuse by residents/inmates/students
Assault/abuse by staff
Confinement/isolation
Disciplinary segregation
Grievance Procedures
Individualized planning
Rehabilitation
Sanitation / living conditions
Sex w/ staff; sexual harassment by staff
Sexual abuse by residents/inmates
Special education
Staff (number, training, qualifications, wages)
Suicide prevention
Medical/Mental Health
Dental care
Medical care, general
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 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
Civil Rights of Institutionalized Persons Act (CRIPA), 42 U.S.C. § 1997 et seq.
42 U.S.C. § 14141
Defendant(s) Adobe Mountain School
Black Canyon School
Catalina Mountain School
State of Arizona
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 2004 - 2007
Case Closing Year n/a
Case Ongoing Unknown
Docket(s)
2:04-cv-01926-EHC (D. Ariz.) 09/26/2007
JI-AZ-0003-9000 PDF | Detail
PACER [Public Access to Court Electronic Records]
General Documents
CRIPA Investigation of the Adobe Mountain School, Black Canyon School, and Catalina Mountain School in Tuscon, AZ 01/23/2004
JI-AZ-0003-0001 PDF | Detail
Complaint 09/15/2004
JI-AZ-0003-0002 PDF | Detail
Memorandum of Agreement Between the United States Department of Justice and the State of Arizona Concerning Adobe Mountain School, Black Canyon School, and Catalina Mountain School 09/15/2004
JI-AZ-0003-0003 PDF | Detail
Order for Conditional Dismissal Pursuant to Rule 41 (a) (2) 09/24/2004 (D. Ariz.)
JI-AZ-0003-0004 PDF | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Judges Carroll, Earl Hamblin (FISC, D. Ariz.)
JI-AZ-0003-0004 | JI-AZ-0003-9000
Monitors/Masters None on record
Plaintiff's Lawyers Acosta, R. Alexander (District of Columbia)
JI-AZ-0003-0001 | JI-AZ-0003-0002 | JI-AZ-0003-0003 | JI-AZ-0003-9000
Brown Cutlar, Shanetta Y. (District of Columbia)
JI-AZ-0003-0002 | JI-AZ-0003-0003 | JI-AZ-0003-9000
Charlton, Paul (Arizona)
JI-AZ-0003-0002 | JI-AZ-0003-0003
Gallegos, Ronald Ray (Arizona)
JI-AZ-0003-9000
Patel, Shennie (District of Columbia)
JI-AZ-0003-9000
Preston, Judith C. (District of Columbia)
JI-AZ-0003-0002 | JI-AZ-0003-0003 | JI-AZ-0003-9000
Schlozman, Bradley (District of Columbia)
JI-AZ-0003-0002 | JI-AZ-0003-0003 | JI-AZ-0003-9000
Weiss, Daniel H. (District of Columbia)
JI-AZ-0003-0003 | JI-AZ-0003-9000
Defendant's Lawyers McCarthy, Eryn Marie (Arizona)
JI-AZ-0003-9000
Other Lawyers None on record

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