U.S. v. Georgia Board of Juvenile Justice, et al - complaint
IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF GEORGIA
ATLANTA DIVISION
THE UNITED STATES OF AMERICA, Plaintiff
v.
THE STATE OF GEORGIA, THE GEORGIA BOARD OF JUVENILE JUSTICE, and THE GEORGIA DEPARTMENT OF JUVENILE JUSTICE, Defendants
COMPLAINT
The United States brings this action, pursuant to 42 U.S.C. § 14141,
to remedy a pattern or practice of conduct by officials or employees of
the State of Georgia with responsibility for the administration of juvenile
justice or the incarceration of juveniles that deprives juveniles confined
in Georgia's secure juvenile justice facilities of rights, privileges or
immunities secured or protected by the Constitution and laws of the United
States.
JURISDICTION AND VENUE
1. This Court has jurisdiction over this action pursuant to 28 U.S.C.
§ 1345.
2. Venue in the United States District Court for the Northern District
of Georgia is proper pursuant to 28 U.S.C. § 1391.
PARTIES
3. Plaintiff THE UNITED STATES OF AMERICA is authorized to maintain
this action pursuant to 42 U.S.C. § 14141.
4. Defendant STATE OF GEORGIA ("Georgia" or "State") is responsible
for the administration of juvenile justice in the State. Georgia operates,
or contracts for the operation of, all secure juvenile justice facilities
in the State. This action concerns the administration of all such facilities,
including:
A. All of the State's Regional Youth Detention Centers
and the Fulton County Detention Center (operated by Fulton County on behalf
of the State pursuant to a contract). These facilities house youths awaiting
adjudication in juvenile court or post-adjudication placement in other
State facilities or programs.
B. All of the State's Youth Development Campuses,
including those operated by private contractors. These facilities house
juveniles in State custody who are confined for periods of time established
by the juvenile courts. This includes both youths sentenced to a term of
years and youths sentenced to short-term programs such as boot camps.
5. Defendant GEORGIA BOARD OF JUVENILE JUSTICE establishes the general
policy to be followed by the Georgia Department of Juvenile Justice; provides
leadership in developing programs to rehabilitate juveniles committed to
state custody; and is responsible for the promulgation of all rules and
regulations necessary and appropriate to the administration of the Georgia
Department of Juvenile Justice, including the operation of the secure juvenile
justice facilities.
6. Defendant GEORGIA DEPARTMENT OF JUVENILE JUSTICE is responsible for
providing for the supervision, detention, education, medical care, mental
health care and rehabilitation of juveniles committed to the State's custody
in secure juvenile justice facilities.
FACTUAL ALLEGATIONS
7. Defendants are governmental authorities with responsibility for the
administration of juvenile justice or the incarceration of juveniles within
the meaning of 42 U.S.C. § 14141.
8. Defendants have engaged and continue to engage in a pattern or practice
of failing to provide adequate general and vocational educational services
and other rehabilitative treatment to the juveniles confined in the State's
secure juvenile justice facilities.
9. The juveniles residing in the State's secure juvenile justice facilities
include youths with mental illness, mental retardation, and other learning
disabilities who fall within the meaning of "handicapped children" as defined
in the Individuals with Disabilities Education Act, 20 U.S.C. § 1401(a)(1),
and "individual[s] with a disability" as defined in Section 504 of the
Rehabilitation Act of 1973, 29 U.S.C. § 706(8)(B).
10. Defendants receive federal financial assistance and, as such, are
subject to Section 504 of the Rehabilitation Act of 1973 and the regulations
promulgated thereunder.
11. Defendants have engaged and continue to engage in a pattern or practice
of failing to provide adequate special education and related services to
the juveniles confined in the State's secure juvenile justice facilities
by, among other things, failing to identify properly juveniles requiring
special education and related services and failing to develop and implement
adequate individualized education plans and programs.
12. Defendants have engaged and continue to engage in a pattern or practice
of failing to provide to qualified juveniles with disabilities in the State's
secure juvenile justice facilities the necessary education plans that specify
accommodations to meet their educational needs.
13. Defendants have engaged and continue to engage in a pattern or practice
of failing to provide juveniles confined in the secure juvenile justice
facilities with adequate medical and mental health care.
14. Defendants have engaged and continue to engage in a pattern or practice
of failing to ensure that juveniles in the State's secure juvenile justice
facilities are adequately classified, housed and supervised to protect
them from harm and to provide appropriate care and treatment.
15. Defendants have engaged and continue to engage in a pattern or practice
of failing to protect juveniles confined in the State's secure juvenile
justice facilities from staff abuse including, among other things, excessive
use of force and arbitrary disciplinary practices.
16. Defendants have engaged and continue to engage in a pattern or practice
of failing to meet the basic care needs of juveniles in the State's secure
juvenile justice facilities by, among other things, failing to provide
sufficient living and sleeping space, or sufficient numbers of trained
staff to supervise adequately the juveniles, render essential care and
treatment, or provide sufficient exercise and other out-of-cell activities.
VIOLATIONS ALLEGED
17. Through the acts and omissions alleged in ¶¶ 8 and 13
- 16, defendants have engaged in a pattern or practice of conduct by officials
or employees of a governmental agency with responsibility for the administration
of juvenile justice or the incarceration of juveniles that deprives juveniles
confined in Georgia's secure juvenile justice facilities of rights, privileges,
or immunities secured or protected by the Constitution of the United States,
including the Fourteenth Amendment.
18. Through the acts and omissions alleged in ¶¶ 9 - 12, defendants
have engaged in a pattern or practice of conduct by officials or employees
of a governmental agency with responsibility for the administration of
juvenile justice or the incarceration of juveniles that deprives juveniles
confined in Georgia's secure juvenile justice facilities of rights, privileges,
or immunities secured or protected by the Individuals with Disabilities
Education Act ("IDEA"), 20 U.S.C. § 1401 etseq., and the regulations
promulgated pursuant thereto, and Section 504 of the Rehabilitation Act
of 1973, 29 U.S.C. § 794 etseq., and the regulations promulgated
pursuant thereto.
19. Unless restrained by this Court, defendants will continue to engage
in the conduct and practices set forth in ¶¶ 8 - 16 that deprive
juveniles confined in Georgia's secure juvenile justice facilities of rights,
privileges, or immunities secured or protected by the Constitution of the
United States and federal law, and cause irreparable harm to these juveniles.
PRAYER FOR RELIEF
20. The Attorney General is authorized, pursuant to 42 U.S.C. §
14141, to seek appropriate equitable and declaratory relief.
WHEREFORE, the United States prays that this Court enter an order permanently
enjoining defendants, their agents, employees, subordinates, successors
in office, and all those acting in concert or participation with them from
continuing the acts, practices and omissions set forth in ¶¶
8 - 16, above, and to require defendants to take such action as will provide
legal and constitutional conditions of care to juveniles confined in
Georgia's secure juvenile justice facilities and any other secure facility
in which defendants confine juveniles or any other facility to which defendants
transfer juveniles adjudicated to their custody for secure confinement
during the pendency of this action. The United States further prays that
this Court grant such other and further equitable relief as it may deem
just and proper.
Respectfully submitted,
JANET RENO
Attorney General of the
United States
____________________________
_________________________________
RICHARD H. DEANE, JR.
BILL LANN LEE
United States Attorney
Acting Assistant Attorney General
Northern District of Georgia
Civil Rights Division
STEVEN H. ROSENBAUM
_________________________________
Chief, Special Litigation Section
BEVERLY B. MARTIN
MELLIE H. NELSON
United States Attorney
Deputy Chief
Middle District of Georgia
Special Litigation Section
_________________________________
HARRY D. DIXON, JR.
United States Attorney
Southern District of Georgia
____________________________
_________________________________
DAVID WRIGHT
KEVIN K. RUSSELL
Assistant U.S. Attorney
JUDY C. PRESTON
Northern District of Georgia
SHELLEY JACKSON
1800 U.S. Courthouse
Trial Attorneys
75 Spring St., S.W.
U.S. Department of Justice
Atlanta, GA 30335
Civil Rights Division
(404) 581-6286
Special Litigation Section
Georgia Bar No. 777730
P.O. Box 66400
Washington, D.C. 20035-6400
(202) 305-4584
Updated July 25, 2008
