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Civil Rights Litigation Clearinghouse
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Case Name U.S. v. Arizona JI-AZ-0003
Docket / Court 2:04-cv-01926-EHC ( D. Ariz. )
State/Territory Arizona
Case Type(s) Disability Rights-Pub. Accom.
Juvenile Institution
Attorney Organization U.S. Dept. of Justice Civil Rights Division
Case Summary
In June 2002, the U.S. Department of Justice, Civil Rights Division launched an investigation into the conditions at the juvenile justice facilities at the Adobe Mountain School, Black Canyon School, and Catalina Mountain School in Arizona, pursuant to Civil Rights of Institutionalized Persons Act ( ... read more >
In June 2002, the U.S. Department of Justice, Civil Rights Division launched an investigation into the conditions at the juvenile justice facilities at the Adobe Mountain School, Black Canyon School, and Catalina Mountain School in Arizona, pursuant to Civil Rights of Institutionalized Persons Act ("CRIPA"), 42 U.S.C. § 1997 et seq. and the pattern or practice provision of 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 Arizona facilities violated the constitutional and statutory rights of juvenile residents in the areas of: suicide prevention, education, mental health care and medical care. On January 23, 2004, the DOJ issued a findings letter which detailed the violations and set out a series of minimum remedial measures to bring the facilities up to constitutional standards. The State accepted the recommendations and the parties entered into a Memorandum of Agreement to ensure compliance.

So that the Agreement could be judicially enforced, the DOJ filed a formal complaint on September 15, 2004 in the U.S. District Court for the District of Arizona. That same day, the parties filed a joint motion for approval of the Memorandum of Agreement.

The agreement identifies and proscribes remedies for five substantive areas: training in suicide prevention; the installation of a juvenile justice system in which youths can raise grievances without fear of retribution from staff; provisions in special education; adequate health care services; and adequate mental health services.

On September 27, 2004, District Court Judge Earl H. Carroll ordered that the case be conditionally dismissed and placed on the inactive docket pending compliance w/the Memorandum of Agreement lodged with the Court. The Court retained jurisdiction over the case for a period of three years to monitor compliance.

On September 26, 2007, Judge Carroll granted a joint motion to dismiss the case. A Consultants Committee report attested to Defendant compliance with the negotiated agreement, thus allowing for the case dismissal.

Dan Dalton - 03/11/2008
Ian Sander - 10/23/2016


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Issues and Causes of Action
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Issues
Affected Gender
Female
Male
Discrimination-basis
Disability (inc. reasonable accommodations)
General
Assault/abuse by residents/inmates/students
Assault/abuse by staff
Confinement/isolation
Disciplinary segregation
Grievance Procedures
Individualized planning
Rehabilitation
Sanitation / living conditions
Sex w/ staff; sexual harassment by staff
Sexual abuse by residents/inmates
Special education
Staff (number, training, qualifications, wages)
Suicide prevention
Medical/Mental Health
Dental care
Medical care, general
Medication, administration of
Mental health care, general
Suicide prevention
Plaintiff Type
U.S. Dept of Justice plaintiff
Type of Facility
Government-run
Causes of Action 42 U.S.C. § 14141
Civil Rights of Institutionalized Persons Act (CRIPA), 42 U.S.C. § 1997 et seq.
Indv. w/ Disab. Educ. Act (IDEA), Educ. of All Handcpd. Children Act , 20 U.S.C. § 1400
Section 504 (Rehabilitation Act), 29 U.S.C. § 701
Defendant(s) Adobe Mountain School
Black Canyon School
Catalina Mountain School
State of Arizona
Plaintiff Description United States Department of Justice
Indexed Lawyer Organizations U.S. Dept. of Justice Civil Rights Division
Class action status sought No
Class action status granted No
Prevailing Party Plaintiff
Public Int. Lawyer Yes
Nature of Relief Injunction / Injunctive-like Settlement
Source of Relief Settlement
Form of Settlement Court Approved Settlement or Consent Decree
Order Duration 2004 - 2007
Case Ongoing No
Additional Resources
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  What Happens When Police Are Forced to Reform?
Date: Nov. 13, 2015
By: Kimbriell Kelly, Sarah Childress and Steven Rich (Frontline/Post)
Citation: Washington Post (Nov. 13, 2015)
[ Detail ] [ External Link ]

  Federal Enforcement of Police Reform
Date: 2014
By: Stephen Rushin (University of Illinois College of Law, University of California, Berkeley - Jurisprudence and Social Policy Program )
Citation: 82 Fordham Law Review 3189 (2014)
[ Detail ] [ External Link ]

Docket(s)
2:04-cv-01926-EHC (D. Ariz.)
JI-AZ-0003-9000.pdf | Detail
Date: 09/26/2007
Source: PACER [Public Access to Court Electronic Records]
General Documents
CRIPA Investigation of the Adobe Mountain School, Black Canyon School, and Catalina Mountain School in Tuscon, AZ
JI-AZ-0003-0001.pdf | Detail
Date: 01/23/2004
Complaint
JI-AZ-0003-0002.pdf | Detail
Date: 09/15/2004
Memorandum of Agreement Between the United States Department of Justice and the State of Arizona Concerning Adobe Mountain School, Black Canyon School, and Catalina Mountain School
JI-AZ-0003-0003.pdf | Detail
Date: 09/15/2004
Order for Conditional Dismissal Pursuant to Rule 41 (a) (2) [ECF# 6] (D. Ariz.)
JI-AZ-0003-0004.pdf | Detail
Date: 09/24/2004
Source: PACER [Public Access to Court Electronic Records]
Judges Carroll, Earl Hamblin (FISC, D. Ariz.)
JI-AZ-0003-0004 | JI-AZ-0003-9000
Plaintiff's Lawyers Acosta, R. Alexander (District of Columbia)
JI-AZ-0003-0001 | JI-AZ-0003-0002 | JI-AZ-0003-0003 | JI-AZ-0003-9000
Brown Cutlar, Shanetta Y. (District of Columbia)
JI-AZ-0003-0002 | JI-AZ-0003-0003 | JI-AZ-0003-9000
Charlton, Paul (Arizona)
JI-AZ-0003-0002 | JI-AZ-0003-0003
Gallegos, Ronald Ray (Arizona)
JI-AZ-0003-9000
Patel, Shennie (District of Columbia)
JI-AZ-0003-9000
Preston, Judith C. (District of Columbia)
JI-AZ-0003-0002 | JI-AZ-0003-0003 | JI-AZ-0003-9000
Schlozman, Bradley (District of Columbia)
JI-AZ-0003-0002 | JI-AZ-0003-0003 | JI-AZ-0003-9000
Weiss, Daniel H. (District of Columbia)
JI-AZ-0003-0003 | JI-AZ-0003-9000
Defendant's Lawyers McCarthy, Eryn Marie (Arizona)
JI-AZ-0003-9000

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