In 1971, plaintiff prisoners sued Jefferson County Parish in the Eastern District of Louisiana alleging violations of the 8th Amendment prohibition on cruel and unusual punishment, and 14th amendment due process and equal protection rights.
In 1972, the district court (Rubin, J.) ...
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In 1971, plaintiff prisoners sued Jefferson County Parish in the Eastern District of Louisiana alleging violations of the 8th Amendment prohibition on cruel and unusual punishment, and 14th amendment due process and equal protection rights.
In 1972, the district court (Rubin, J.) found that the housing facilities that were built for 110 were unconstitutionally housing 185 prisoners. Additionally, the mixing of pre-charge, pre-trial, youths, convicts, and those whose convictions were not yet final, was a violation of due process. Lastly, the lack of mental health care and several other inadequacies with the facility were found to be a violation of the prisoners' due process rights.
A special master was appointed to oversee the result of three separate consent decrees: (1) the jail would implement a large recognizance program for those merely charged with a crime; (2) the jail would implement a program of suspending drivers' licenses in lieu of incarceration to reduce overcrowding; and (3) submit a report on the construction of a new facility in conjunction with a local hospital.
After the special master's report was completed, the Court issued an order with numerous requirements: the jail was required to further provide access to medical care by having a doctor on premises, as well as emergency services available at all times, and transportation to and from the hospital. The jail was also required to maintain the plumbing and fire alarm systems and reduce overcrowding to 110. Judge Rubin further ordered that prisoners should have access to daily exercise, as well as towels, toothbrushes, and other sanitary items. The Court further ordered the jail to promulgate rules and procedures for officer conduct, discipline, and segregation., and ordered that pre-charge and pre-trial inmates be segregated from those with convictions. It further ordered the jail to eliminate any other cruel and unusual punishment and racial discrimination.
M. Kay Harris of Temple University Law wrote a case study on the implementation of the order over the next decade, and the progress thereof, entitled, "After Decision: Implementation of Judicial Decrees in Correctional Settings (Part III: A Case Study of Holland v. Donelon)."
Blase Kearney - 04/15/2012
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