On May 1, 1996, the Department of Justice sent a letter to County Administrator of Mercer County New Jersey stating its intent to investigate the conditions at the Mercer County Detention center as authorized by the Civil Rights of Institutionalized Persons Act, 42 U.S.C. § 1997 et seq. The letter noted that the investigation would focus on, but would not be limited to allegations regarding inadequate medical care, environmental health and safety, and an unacceptably high risk of violence.

At the conclusion of the investigation, the Department approved a findings letter on July 25, 1997. The memorandum accompanying the letter indicated that the county had been uncooperative in the investigation by continually denying access to documents and prisoners. Nevertheless, the Department was able to conduct an investigation using other sources, including newspaper articles and the complaints of inmates and their families.

On August 11, 1997, the findings letter was sent. The letter concluded that a number of conditions at the jail violated the constitutional rights of the inmates and detailed those violations. Specifically, the letter discussed unconstitutional deficiencies with respect to First Amendment protections, general environmental safety and sanitation, fire safety, use of force by corrections officers, unacceptably high risks of violence, and medical and mental health care. The letter then recommended ten remedial measures that should be adopted. Finally, the letter indicated that the option of litigation to correct the deficiencies was not foreclosed. On that same day, the Department sent a letter to the U.S. Marshals service to encourage them to discontinue housing federal inmates at the detention center in light of the unconstitutional conditions.

Our file ends with the August 11, 1997 letters, so we do not know what, if any subsequent action was pursued in this matter.

Sherrie Waldrup - 04/12/2006


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