In February 2004, the U.S. Department of Justice, Civil Rights Division (DOJ) launched an investigation into the conditions of confinement at the Logansport Juvenile Intake/Diagnostic Facility in Logansport, Indiana, the South Bend Juvenile Correctional Facility in South Bend, Indiana, pursuant to the Civil Rights of Institutionalized Persons Act, 42 U.S.C. 1997 (CRIPA), and the Violent Crime Control and Law Enforcement Act of 1994, 42 U.S.C. 14141.

Based on its investigation, the DOJ concluded that the conditions and practices at the juvenile facility at South Bend violated the constitutional and statutory rights of juvenile residents in the areas of: insufficient protection from harm, use of deadly force, grievance procedures, mental health care and special education services to juveniles with disabilities as required by the Individuals with Disabilities Education Act (IDEA), 20 U.S.C. § 1401. At Logansport, the DOJ concluded the mental health services were deficient.

On September 9, 2005, the DOJ issued two findings letter which detailed the violations at South Bend and Logansport and set out a series of minimum remedial measures to bring the facility up to constitutional standards. The State accepted the recommendations and the parties entered into a Settlement Agreement to ensure compliance.

So that the Agreement could be judicially enforced, the DOJ filed a formal complaint on February 8, 2006 in the U.S. District Court for the Southern District of Indiana. That same day, the parties filed a joint motion for approval of the Settlement Agreement and conditional dismissal.

On February 14, 2006, District Court Judge Richard L. Young administratively closed and dismissed the case without prejudice, with final dismissal to come upon the passage of 3 years from the date of its filing or the State's earlier substantial compliance with the terms of the Settlement Agreement.

On February 3, 2009, Judge Young granted a joint motion to amend order of Conditional Dismissal. Both parties agreed that the South Bend facility was the only facility not in general substantial compliance with the agreement. Judge Young extended the conditional dismissal for one year to allow this facility to achieve compliance.

No action was taken until February 18, 2011, when Judge Young dismissed the case, holding that the settlement agreement had been fully complied with.

Kristen Sagar - 10/06/2008
Ian Sander - 10/23/2016


compress summary