On March 27, 2011, Disability Rights Mississippi (the Protection and Advocacy organization for Mississippi) filed suit against Forrest County in the United States District Court for the Southern District of Mississippi. Plaintiff, represented by counsel from the Southern Poverty Law Center in Jackson, brought action for alleged violations of three separate Protection and Advocacy acts: the Developmental Disabilities Assistance and Bill of Rights Act, the Individuals with Mental Illness Act, and the Individual Rights Program. The complaint alleged that the County did not allow plaintiff access to records and residents of a juvenile center, as Protection and Advocacy laws require. Plaintiff sought declaratory judgment, injunctive relief, and attorney fees.

On April 12, 2011, the parties agreed to set up a temporary plan to allow the plaintiff access to the defendant's facilities and records. The United States District Court for the Southern District of Mississippi (Hon. Keith Starrett) signed the agreement as a plan to be enforced until the parties reach a permanent plan. The temporary plan allowed plaintiff access to defendant's residents, records and facilities for investigations, as the law required, but limited access to prevent interference with defendant's programs. Later, a state youth court issued orders that were inconsistent with this temporary plan. On June 13, 2011, the Court issued an order staying all state court orders that were inconsistent with the temporary plan.

On March 31, 2015, upon report from the parties that all pending claims had been settled, the Court dismissed the case without prejudice, retaining jurisdiction to enforce the parties' settlement agreement.

Maurice Youkanna - 06/14/2014
Tessa Bialek - 12/08/2021


compress summary