On June 5, 1991, the Department of Justice (DOJ) filed suit in the District Court for the Southern District of California, seeking an injunction barring San Diego County from denying the DOJ full access to the San Diego jail system. The DOJ sought to conduct a preliminary investigation for violations of constitutional rights under the Civil Rights of Institutionalized Persons Act (CRIPA). On July 22, 1991, the District Court (Judge John Rhoades) determined that the county's attempts to use state confidentiality laws, or any other state procedure, to limit the DOJ's access to the county jails frustrate the purpose of CRIPA and were therefore preempted. U.S. v. San Diego, No. 91-cv-764, 1991 WL 642768, at *2 (S.D. Cal. July 22, 1991). The court ordered that the preliminary injunction be granted.

The DOJ conducted an investigation in late 1991 but due to the system being in transition, the DOJ deferred making any findings until after conducting another investigation in March and April of 1993. On August 15, 1994, the DOJ sent San Diego County a findings letter, listing the unconstitutional conditions in its jail system. Violations included inadequate staffing, crowding, classification, dangerous practices, fire safety, and inadequate medical staff and procedures.

On December 12, 1995, the DOJ sent a letter to San Diego County stating that the minimum corrective measures seemed to be in place, and that further action under CRIPA was unwarranted. The DOJ suspended the investigation pending completion of a new intake facility, and closing of the Central Detention Facility. On February 15, 1996 the DOJ closed the file.

Jaclyn Adams - 02/24/2006


compress summary