On November 4, 1981, juveniles confined in the Curry County Jail in New Mexico filed a class action lawsuit under 42 U.S.C. §§ 1983, 1988, and the Juvenile Justice and Delinquency Prevention Act, 42 U.S.C. § 5601 et seq., in the U.S. District Court for the District of New Mexico against Curry County, county commissioners, the sheriff, District Court Judges, and Children's Court Judges. The class consists of all juveniles who were incarcerated as of November 4, 1981 and who would be confined in the Curry County Jail. Southern New Mexico Legal Services and the Youth Law Center represented the class. The plaintiffs sought declaratory and injunctive relief, alleging that the conditions and policies at the Curry County Jail violated the constitutional guarantees of due process, rehabilitative treatment in the least restrictive setting, and freedom from cruel and unusual punishment.

The plaintiffs alleged that the defendants confined "status offenders" and other juveniles who presented no danger to themselves or others, and confined juveniles without adequate separation from adult offenders. The defendants allegedly failed to maintain the jail cells in a sanitary condition, failed to address the inadequacy of the plumbing system, which resulted in the backing up of sewers and flooding, failed to provide adequate ventilation or lighting, failed to take sufficient fire safety precautions, and failed to provide exercise or recreation opportunities to the confined juveniles. Additionally, the plaintiffs alleged that they were not provided medical or mental health screening or services, and that the jail personnel was not trained to identify and respond to problems of juveniles.

On August 31, 1983, a settlement agreement and final order was entered by the District Court (Judge Edwin L. Mechem). The settlement agreement provided that on or before September 1, 1983, juveniles would no longer be detained in the Curry County Jail. The issue of plaintiffs' attorneys' costs fees were still in dispute, so the District Court retained jurisdiction.

Kaitlin Corkran - 05/21/2006


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