Case: CRIPA Investigation, Daviess County (KY)

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Case Summary

On March 24, 1997, the Department of Justice (DOJ) opened an investigation on the Daviess County Detention Center in Owensboro, Kentucky (Center), pursuant to the Civil Rights of Institutionalized Persons Act (CRIPA), 42 U.S.C. §1997 et seq. The DOJ sent notice to Judge-Executive Buzz Norris of the Daviess County Fiscal Court at that time. During May, June, and July of 1997 the DOJ conducted on- and off-site reviews of the Center.On April 10, 1998, the DOJ wrote to Judge-Executive Norris explai…

On March 24, 1997, the Department of Justice (DOJ) opened an investigation on the Daviess County Detention Center in Owensboro, Kentucky (Center), pursuant to the Civil Rights of Institutionalized Persons Act (CRIPA), 42 U.S.C. §1997 et seq. The DOJ sent notice to Judge-Executive Buzz Norris of the Daviess County Fiscal Court at that time. During May, June, and July of 1997 the DOJ conducted on- and off-site reviews of the Center.

On April 10, 1998, the DOJ wrote to Judge-Executive Norris explaining their findings. They found a wide range of alleged constitutional violations, including: use of excessive force against inmates; failure to adequately supervise inmates and protect them from harm by other inmates; failure to appropriately respond to medical emergencies; inadequate mental and medical care, and suicide prevention; unsanitary and unhealthy conditions; inadequate access to the courts; discipline administered without due process, including no opportunity for inmates to challenge or request review of charges made against them; insufficient opportunity to exercise; inadequate education for juvenile inmates and insufficient opportunity for activities during non-school hours.

In the report of findings, the DOJ identified minimum remedial measures that should be taken by the Center. They included: the development of comprehensive policies and procedures governing the application of force by the staff, and review procedures for inmates that file grievances for use of excessive force; the reduction of overall crowding, and implementation of fire safety training for employees, as well as holding regular fire drills; the installation of intercoms and panic buttons to be used by staff and inmates in confinement, as well as training regarding supervision and possible asphyxiation when inmates are under restraints; the removal of correctional staff from all medical care on the premise unless in absolute emergency, and the hiring of qualified physicians and registered nurses for the implementation of care including the administration of medication; the establishment of 24 hour access to medical emergency personnel; the repair and regular maintenance of all plumbing and ventilation at the Center; mandatory issuance of personal hygiene kits upon admission of inmates to the Center; due process for all inmates prior to the implementation of disciplinary procedures; proper access to courts including a sufficient law library at the Center, and assistance for illiterate inmates who wish to file a lawsuit; the opportunity for inmates to exercise out of their cells and outdoors; the provision of adequate education and non-school time activity for all juvenile inmates, as well as educational access for those in disciplinary isolation.

On August 9, 1998, a local newspaper article indicated that Jailer Harold Taylor defended the practices at the Center, and insisted that they were in compliance with Kentucky standards. He further argued that he would not go any further to accommodate the DOJ. As of the time of the article, there was no case filed by the DOJ or any other organization. We have no further information.

Summary Authors

Greg Venker (5/21/2006)

People


Attorney for Plaintiff

Lee, Bill Lann (District of Columbia)

Troop, Michael (Kentucky)

Attorney for Defendant

Kirtley, Robert M. (Kentucky)

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Documents in the Clearinghouse

Document

No Court Case

Full text of Department of Justice Report

DOJ Investigation

U.S. District Court for the Western District of Kentucky

April 29, 1998

April 29, 1998

Findings Letter/Report

Docket

Last updated Aug. 30, 2023, 2:43 p.m.

Docket sheet not available via the Clearinghouse.

Case Details

State / Territory: Kentucky

Case Type(s):

Juvenile Institution

Key Dates

Case Ongoing: No

Plaintiffs

Plaintiff Description:

United States Department of Justice

Plaintiff Type(s):

U.S. Dept of Justice plaintiff

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Daviess County Detention Center (Daviess), County

Case Details

Causes of Action:

Civil Rights of Institutionalized Persons Act (CRIPA), 42 U.S.C. § 1997 et seq.

Special Case Type(s):

Out-of-court

Available Documents:

None of the above

Outcome

Prevailing Party: Unknown

Nature of Relief:

Unknown

Source of Relief:

Unknown

Issues

General:

Access to lawyers or judicial system

Assault/abuse by residents/inmates/students

Bathing and hygiene

Disciplinary procedures

Education

Recreation / Exercise

Restraints : physical

Sanitation / living conditions

Staff (number, training, qualifications, wages)

Suicide prevention

Jails, Prisons, Detention Centers, and Other Institutions:

Confinement/isolation

Law library access

Crowding / caseload

Medical/Mental Health:

Medical care, general

Medication, administration of

Mental health care, general

Type of Facility:

Government-run