On March 26, 1993, juvenile inmates of Marietta Regional Youth Detention Center ("MRYDC"), filed a class action law suit under 42 U.S.C. § 1983, in U.S. District Court for the Northern District of Georgia, against the Georgia Department of Child and Youth Services ("DCYS"), MRYDC, and the State Department of Education ("DOE"). The Plaintiffs, represented originally by Atlanta Legal Aid, alleged unsafe and unsanitary conditions of confinement including: overcrowding; lack of heat; inadequate bathroom and sanitary accommodations; manual locks impeding any fire escape; inadequate staff; inadequate medical and psychiatric services; restricted access to the courts; and lack of free and appropriate educational services, pursuant to the Juvenile Justice Act, 42 U.S.C. § 5601 et seq., and the Education of the Handicapped Act, 20 U.S.C. § 1400 (c).

On April 14, 1993, the U.S. District Court for the Northern District of Georgia (Judge Julie E. Carnes) granted Plaintiffs' motion to proceed in pseudonym. On January 10, 1994, the Court certified the class as all juveniles served by MRYDC or any other facility designed and operated for the population currently served by MRYDC. After a Settlement Conference on April 22, 1994, the Court dismissed the case without prejudice or costs on September 9, 1994, to be reopened by May 1, 1995 if Judge Carnes had not consummated a settlement agreement. On April 26, 1996, the Court (Judge Carnes) referred the case to Magistrate Judge Joel M. Feldman for settlement conference only. On December 12, 1996 the attorneys for Legal Aid withdrew as counsel for Plaintiffs and were replaced by private attorneys. On February 2, 1997, the Court (Judge Carnes) denied Plaintiffs' motion to reopen. But on October 3, 1997, the Court finally ordered the case reopened. Finally on December 12, 1997, stipulations for consent decree were submitted and approved by the Court (Judge Carnes).

The Consent Decree ordered MRYDC to comply with all federal and local laws in the complained of areas. Most importantly it provided for: medical and psychological screenings within 48 hours of admittance; 24-hour emergency medical care; facility repairs to meet mandatory standards for heat, air conditioning, plumbing, and lighting; regular preventative maintenance of the building; designated areas for class and education; screenings and accommodations for special education students; updated locks to comply with evacuation standards in the event of a fire or other emergency; increased staff levels; in-service education of all staff regarding sensitive issues such as sexual abuse, suicide, etc. The DCYS and DOE were required to allow Plaintiffs' Monitor, Dr. Vincent Carbone, access to pertinent records for the two years after the Consent Decree went into effect. DCYS and DOE were also responsible for all costs related to Monitoring. Plaintiffs' counsel retained the right to bring action against Defendants if any violation of the Consent Decree is discovered; the jurisdiction of the Court was to expire two years after the Decree went into effect.

On January 30, 1998, the Court (Judge Carnes) terminated the case.

Kristen Sagar - 11/17/2006


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