On April 14, 1993, juveniles confined in the Concheta Facility, Orleans Parish Prison, filed a class action suit under 42 U.S.C. § 1983 in the U.S. District Court for the Eastern District of Louisiana against the Orleans Parish Sheriff and the Prison. The plaintiffs, represented by the Youth Law Center of San Francisco, CA, the ACLU and local private attorneys, presented violations of rights under the 1st, 4th, 5th, 8th, 9th, and 14th Amendments. Specifically, the complaint alleged unsanitary physical conditions; failure to provide necessities for basic hygiene; overcrowding; lack of an adequate classification system for incoming detainees; inadequate mental, physical, and dental health care; failure to provide educational and physical exercise programs; restricted access to visitors; and inadequate and poorly trained staff.

On May 21, 1993, the Court (Judge Peter Hill Beer) reassigned the case to Judge Lansing Leroy Mitchell. On August 19, 1993, the Court (Judge Mitchell) referred the case to Magistrate Judge Alma Chasez for all non-dispositive pre-trial matters. After granting motions for the plaintiffs to proceed anonymously and in forma paupris, the Court (Magistrate Judge Chasez) held a series of hearings and conferences designed to settle the matter without going to trial.

On October 14, 1997, the parties submitted a consent decree to the Court (Judge Mitchell). At some time prior to this, a Federal Court Order was entered capping the population at the Concheta Facility at 150. The new Consent Decree contained concessions by the Sheriff to comply with minimum constitutional requirements in the detaining of juveniles. Specifically, the defendants agreed to construct an indoor gym / educational facility containing approximately 10,000 square feet, next to the current Concheta Facility on or before April 1, 1998. Juveniles were to receive daily exercise as well as weekly structured recreation. The Sheriff further agreed to establish a classification and placement system accounting for: age; prior criminal behavior; prior institutional commitments; level of drug abuse; gang affiliation; suicide potential; prior psychiatric commitment; ward of residence; and current instant offense. Lastly, juveniles were to be allowed 30-minute visitation periods twice weekly, at least one being during weekdays.

On October 28, 1997, the U.S. District Court for the Eastern District of Louisiana (Judge Mitchell) adopted the Consent Decree as a Court Order. On February 13, 1998, the Court (Magistrate Judge Chasez) ordered defendants to determine what additional food can be available in the evening to juveniles who voiced complaints that they were hungry. On August 4, 2000, the Court (Magistrate Judge Chasez) ordered the matter administratively closed. On March 5, 2002, plaintiffs issued notice of intention to file a petition for attorneys' fees.

Greg Venker - 05/21/2006


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