IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF MISSOT,JRI ST. JOSEPH DIVISION CONSENT JUDGMENT

Transcription

1 IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF MISSOT,JRI ST. JOSEPH DIVISION MICHAEL E. GILL, et al., Plaintiffs, vs. ROBJERT J. DeFRE.ECE, et al., Defendants. Case No CV-SJ CONSENT JUDGMENT This cause came on to be heard on Plaintiffs' complaints challenging the constitutionality of the conditions of their confinement in the Clinton County Jail in Plattsburg, Missouri. Plaintiffs in their complaint sought, on behalf of themselves, and all others similarly situated, declarat-jry and injunctive relief, actual and punitive damages. Pursuant to Plaintiffs' motion and affidavit that they be granted leave to proceed in forma pauperis, the Court, on July 15, 1983, granted leave to proceed to file the action without pre-payment of fees conditioned upon any future demonstration to the Court that the action was frivolous under 28 U.S.C. Section 1915 ( This Court on October 1, 1983, certified this action as a class action pursuant.. to Fed.R.Civ.P. 23 (c(l for treatment under Fed.R.Civ.P. 23 (b (2, such class consisting of "all persons who are, or will be confined in the Clinton County Jail, with named Plaintiffs MICHAEL GILL and THOMAS UMPHFREY as class representatives." In addition to the action filed by Plaintiffs there were three other actions brought by different individual plaintiffs for the same or similar relief. They were as follows Rice v. DeFreece, No ; Johnson v. DeFreece, No ; and Monico v. DeFreece, No On January 19, 1984, this Court ordered those cases consolidated with the above-styled cause for all further proceedings through and Exhibit 3 f linton County, Missouri Consent Decree

2 . '. including final disposition of all matters raised in those actions, Defendants in this action are ROBERT J. DeFREECE, in his official capacity as Sheriff of Clinton County, Missouri, ELDON HIXSON, ED McPHEE and ALLEN DOAK in their official capacity as judges of the County Court of Clinton County, Missouri. The parties herein, being desirous of settlement of this matter, consent to the Court's entry of a judgment which shall be binding upon the parties, their successors, agents and assigns. The parties understand that since this action was certified by the Court as a class action pursuant to Fed.R.Civ.P. 23 (b (2, this Consent Judgment settles only those matters involving declaratory and injunctive relief for all of the members of the class and therefore, the right of individual class members to proceed against the Defendants on their individual claims for damages is reserved, if any. In addition~ Defendants do not by entering into this Consent J udgment admit liability for any conduct a lleged by Plaintiffs herein for the purposes of any individual claims against them which arose or may have arisen during the pendency of this action, or thereafter. And finally, the parties understand that this Consent Judgment shall not operate as res judicata or be used to collaterally estop either Plaintiffs or Defendants from raising any issue during any proceeding involving the claims of any individual class member regarding the same or similar issues included in this action. Although no findings of fact are made by the Court because of this Consent Judgment entered into by the parties, the Consent Judgment contemplates the Defendants' intention to insure that Plaintiffs, and the c lass they represent be given the rights, privileges and immunity secured to them by the Constitution of the United States. THEREFORE, IT IS ORDERED, ADJUDGED AND DECREED that: 1. This Court has jurisdiction over this action. 2. The parties perform the provisions of this Consent Judgment. JAIL STRUCTURE 3. There shall be established and utilized a system to classify inmates pursuant -2-

3 to the following guidelines: (a Females from males; (b Persons with communicable or contagious diseases from other persons; (c Inmates on work release or acting as trustys from the rest of inmates; (d Inmates classified as security risks, or to be placed in maximum security, - - from inmates of other securlty classifications. 4. The population of the Clinton County Jail shall be limited to the number of bunks presently in the facility, taking into consideration the utilization of the classification system. 5. There shall be established and utilized a. plan for regular cleaning of the jail. This plan shall contain provisions for all areas of the jail including the cells, day room space and indoor recreation area. 6. Within ninety (90 days of the entry of this judgment by the Court, the Defendants shall contract with a licensed professional exterminating company to provide extermination services within the jail. This service shall provide for a monthly extermination and/or any other services deemed necessary to remove all insects and rodents from the jail. 7. Within six (6 months of the entry of this judgment by the Court, the Defendants shall construct an outdoor exercise yard for the use of the inmates. In addition, an area of the jail should be designated as an exercise room for use during inclement weather. Both the exercise yard and the indoor exercise area shall contain appropriate equipment for the recreational use of the inmates. Counsel shall approve the plans for the foregoing facilities prior to their construction. STAFF, TRAINING AND PROCEDURES 8. Provisions should be_ made to insure twenty-four (24 hour supervision of inmates by a jailer. This shall include, but not be limited to the following: -3-

4 (a Increase staff by one and a half (1 1/2 to two (2 positions in addition to the nu_mber of positions in existence February of (b At least one (1, full time, jailer assigned to the jail for each shlft. - (c Establishment of a staffing schedule so that all duties and matters covered by this Consent Judgment and the jail's standard operating procedures can be performed by staff at the times required. 9. All staff assigned to the jail shall be required to obtain the following training within six (6 months of the entry of this Consent Judgment, or within six (6 months of their subsequent appointment to a jail staff position: (a CPR, first aid and ~ecognition of communicable diseases, mental retardation and mental illness. (b One Hundred Twenty ( 120 hours of general law enforcement training. (c An appropriate self-study course suggested either by the National Sheriff's Association or the National Institute for Corrections. (d The person assigned as chief jailer shall, within ninety {90 days of the entry of this Consent Judgment, attend a two (2 week basic Jail Management and Operations course provided by the National Institute for Corrections in Boulder, Colorado. All training shall be scheduled so that twenty-four (24 hour supervision by a full time jailer can be provided at all times. 10. The Clinton County Sheriff shall develop a manual defining goals, policies and procedures which shall include provisions regarding supervision, security, appropriate training for staff, humane care of inmates and maintenance of inmates' physical well-being. The manual shall include rules and regulations governing supervision of inmates by staff; inmate rules and regulations; the procedures to be followed in emergency situations, for example, fire, emergency medical and dental -4-

5 care, disturbance, escape and the taking of hostages; and shall specify areas of responsibility, personnel to be involved, when and what authorities shall be notified, including provisions for emergency housing and supervision of inmates should the Clinton County Jail be uninhabitable. The manual shall include a list of jail rules, setting forth infractions, punishmentt privileges and services to which inmates are entitled. Among other things, these rules shall specify what offenses are punishable and the range of punishment for each offense; define what articles constitute contraband; specify a method of notice and hearing and an appeals procedure before discipline i~ imposed; establish a written - inmate. grievance procedure; define standards for : trusty status; set forth the procedures for requesting medical assistance, and the records which shall be kept of such assistance; define a uniform commissary policy; and set forth all - policies and schedules to be established pursuant to this plan. The Clinton County Sheriff shall consult with any specialist of his choice in developing thi~ manual. Counsel shall have final approval by as to the sufficiency of the manual Following final approval by counsel, such manual shall be distributed to all personnel and the Sheriff shall plan appropriate training sessions to familiarize the staff with its contents. INMATE SAFETY AND SUPERVISION 11. There shall be twenty-four (24 hour supervision of all inma~es with regular checks of all cell areas. These checks shall take the form of staggered rounds on an hourly basis. 12.' Special procedures shall be established and instituted for checking inmates every fifteen (15 minutes at stagge.red times if they have been admitted to the jail in an intoxicated condition, have medical complaints, are suspected suicides or are behavior problems or security risks. -5-

6 13. A policy shall be developed for handling suicide attempts. Any inrnate who -. has attempted suicide shall, immediately following the attempt, be regularly observed by jail staff, undergo a medical exam, and be provided the opportunity to receive psychiatric and medical care. 14. Within ninety (90 days of the accept a nce of this plan by the Court, the jail shall be inspected by the State Fire Marshal and recommendations concerning fire prevention, detection, smoke and fume ejection and prisoner evacuation shall be requested. Defendants shall comply with all such recommendations within six (6 months of the acceptance of this plan by the Court. 15. The Sheriff shall prepare and circulate a written fire evacuation procedure for the Clinton County Ja il. All employees of the Sheriff shall be provided copies of this procedure and there shall be pe riodic in-house training sessions to insure that all staff are.familiar with these procedures i ; ~ the event of fire. INMA TE RULES AND DISCIPLINE 16. The Clinton County Jail shall formulate written rules and regulations for inmates. A copy of these rules are to be provided to each inmate upon admission to the jail and shall include the following: (a Rules to be followed; (b Disciplinary and grievance procedures; (c Procedures for mail, visits, phone calls and recreation; (d Obtaining medical, dental and psychological care; (e Procedure to obtain hygiene items in the case of indigency; and (f Procedures for use of the general a nd law libraries in the jail. 17. Copies of the inmate rules and regulations shall be distributed to all jail personnel for their study and reference. 18. Procedures shall be established a nd instituted whereby inmates accused of violating jail rules are afforded due process. This procedure shall be included in the -6-

7 rules and regulations and shall include, at least, the following: (a A list of all conduct which is prohibited and the consequences for engaging in same; (b Twenty-four (24 hours written notice to the inmate of the rule he is accused of violating; (c The opportunity for a hearing within forty-eight (48 hours of the incident before an uninvolved jail staff member, including the opportunity to call witnesses; (d A written decision indicating the facts upon which the ruling is based and, if punishment is imposed, what the punishment will be; and.. (e Written notice of the procedure to appeal the decision Inmate punishment shall not include the loss of or restriction on mail, telephone, law library or shower privilege~, or any reduction in the number or content of meals. With regard to visiting rights of friends and re latives, inmate punishment may not include more than the elimination of one (1 visitation per week unless the violation directly relates to that visitation period. 20. These procedures in no way prevent the t aking of immediate and necessary disciplinary action prior to a hearing. MEDICAL AND HEALTH SERVICES 21. The Clinton County Sheriff shall immediately retain the services of a medical doctor and a dentist to make their services available to the inmates. The Clinton County Sheriff shall also identify persons available for psychological counseling services. 22. Upon entry into the Clinton County Jail, each inmate shall fill out a medical screening form to be provided by the Sheriff which shall include, but not be limited to, questions regarding past and present illnesses and the treating doctor, any medication -7-

8 currently being taken by the inmate, and if he or she has any present need to see a doctor or a dentist or has ~ny belief that he or she may have a contagious _disease. 23. Sick call shall be offered at least twice per week by the jail's doctor, the doctor's nurse or a nurse designated by the doctor. In addition, inmates shall be able to request medical care on a daily basis and such requests shall be directed to the doctor or dentist who will examine inmates as needed. Inmates requesting psychologicai counseling shall be referred to a counselor who shall determine the counseling needs of the inmate. 24. The jail doctor shall be provided a copy of the medical screening form and shall ~eep a complete medical record for each inmate. Records of entering inmates who currently are being treated by a private doctor for. any illness or condition shall be obtained by the jail for the use of the doctor, to facilitate t he continuation of that care and inclusion in the inmates medical r~cords. These records shall be kept in the jail and in each inmates file. 25. The jail doctor shall formulate written standing orders which shall be kept on file at the jail. These standing orders shall be instructions to the jailers on duty for handling medical emergencies, suicide attempts and for administering any treatment for those inmates currently in his care. Such orders shall be provided to all jail staff for their use. 26. As set out in the foregoing section on staff training, all jail personnel shall be trained in cardio-pulmonary resuscitation, first aid equivalent to that defined by the Red Cross, and the recognition of mental illness and r etardation. There shall be written instruction to all jail personnel that, even though they shall have such training, no jail employee may substitute his or her judgment for that of a doctor and change any standing orders or instructions without first consulting the doctor. 27. At the time of admission to the Clinton County Jail, inmates shall be informed of the procedure for requesting medical, dental and psychological services. -8-

9 INMATE RIGHTS 28. Within thirty (30 days of the entry of the Co'!sent Judgment by the Court, the Sheriff shall contact a qualified nutritionist who shall make recommendations concerning the nutritional adequacy of the inmates' diet. These recommendations shall be followed to insure that a well-balanced, nutritional diet is provided. A special effort shall be made to provide f-resh fruits and vegetables to inmates on a daily basis. 29. Inmates shall be able to receive from friend and relatives, those hygiene items approved by the Sheriff. Inmates who are indigent will be provided upon request the following items: combs, toothbrushes, shampoo and toothpaste. Following the const.ruction of the exercise yard as provided for in a previous section of this Consent Judgment, inmates shall be allowed at least one {1 hour of physical exercise and recreation outside each day, weather permitting. No inmate may be denied access to such recreation unless 1 easons are stated in writing indicating that such inmate is an abnormal security risk, has health problems or is in disciplinary segregation. 30. In addition an appropriate area in the jail shall be designated as an exercise room for use during inclement weather for at least one (1 hour per day. 31. Inmates shall be allowed to communicate by mail with anyone and receive mail from anyone. There shall be no restriction on the number of letters mailed or received. Personal Mail: Outgoing personal mail may be opened and read. Incoming personal mail may be opened, inspected for contraband and read. Privileged Mail: Such mail is from or to court s, attorneys, government agencies and officials. Outgoing privileged mail is to be sealed by the inmate and sent out unopened. Incoming privileged mail may be opened and inspected for contraband, but only in the presence of the inmate. -9-

10 Without unnecessary delay, incoming mail shall be distributed and outgoing mail shall be sent to the post offk:e, A_ log shall be kept listing censored or undelivered mail. Any item which is not forwarded to an inma te shall be listed with the reason indicated. The inmate shall be notified a.nd an opportunity to appeal shall be provided through inmate grievance procedures. Inmates shall be afforded a reasonable opportunity t o purchase stationery, including envelopes, pencils and postage through commissary. Those inmates who have insufficient money in their inmate accounts to purchase envelopes, pencils and postage will be provided such writing materials and up to five first class postage stamps pe r week_,. free of charge. 32. Inmates shall be allowed at least two (2 personal calls per week of no less than ten (10 minutes each period. In addition, inma t es shall be allowed a reasonable number of calls during regular office ho'jrs to his or her at torney concerning his case or to other agencies regarding personal or family problems, Upon being admitted to the Clinton County Jail, at least three (3 telephone calls will be allowed to arrange for bail, attorneys or other personal matters. 33. Inmates shall be allowed to visit with their relatives a nd friends in the place provided. Such visitation is subject to the Sheriff's authority to limit such visitation if there are reasonable grounds to belie ve tha t a visitor poses a security risk. The Sheriff shall establish a written procedure for visitation making provisions for at least two (2 visitation periods per week for each inmate and for special visits. - should an inmate's family and/or friends live a substant ial distance from the jail, or i f an inmate is hospita1ized, or is in disciplinary segregation. Inmates shall be able to receive from visitors non-contraband items a s established by the Sheriff, but shall include at a minimum soft-bound books, magazines, clean clothing for trial appearances, hygiene items, writing materials and postage. -10-

11 Such items will be subject to examination by jail personnel for contraband. 34. Upon request, inmates shall be allowed access to law books which shall be available upon request at the jail. The books available will be a limited number of volumes to be selected by counsel within ninety (90 days of the entry of this Consent Judgment. Arrangements shall be made for obtaining any specific volumes which are not contained in the jail 1 s law library. Inmates may request up to three (3 volumes at a time. Special consideration shall be given to inmates without counsel. Writing tablets; pens or pencils shall be provided to those requesting to do legal research in the case of indigency. 34. A grievance procedure shall be developed by the Sheriff and shall be included in the written rules and regulations for inmates Inmates shall have access to ~ewspapers, magazines or any other reading material ordered by them or provided by family and friends. In addition, the Sheriff shall make available a reasonable number of books in a general reading library for the use of the inmates. Further, the Clinton County Sheriff shall allow the use of radios and televisions by inmates at all reasonable times. 36. Copies of this Consent Judgment are to kept on file by the Clinton County Sheriff and are to be posted throughout the jail for the use of any inmate desiring to review same. 37. Jurisdiction shall be retained by the Court over this matter for such time as is required to insure compliance with all of the provisions herein. 38. Attorney fees for Plaintiffs 1 counsel up to and including acceptance of this plan by the Court, as well as for the amounts of time required to insure compliance with certain specific terms set out in this Consent Judgment shall be paid to Claudia. - Any additional sums necessitated by the J. York in the sum of $ need to insure compliance with this plan or during the period of pending jurisdiction of -11-

12 ". ' (. George Pickett Prosecuting Attorney Clinton County Courthouse Platt_sburg, Missouri ATTORNEY FOR DEFENDANTS Jerry Renter. 720 City Center Square Post Office.Box Kansas' City, Missouri ATTORNEY FOR DEFENDANTS ' Claudia J. York 818 Grand Avenue - Suite 700 Kansas City, Missouri ATTORNEY FOR PLAINTIFFS -.13-

13 ,. this action will be agreed upon at a later date or requested by Plaintiffs' counsel of the Court at a later date. 39. Plaintiffs' counsel shall have access to the Clinton County Jail to examine records in respect to the detention of persons confined there and to tour said jail and to talk to persons confined therein to insure compliance with this judgment at any time during the period of the Court's jurisdiction over this action. 40. Costs of this action are to borne by the Defendants. Dated this ~ day of, APPROVED FOR ENTRY AND CONSENTED TO: HOWARD F. SACHS UNITED STATES DISTRICT JUDGE Robert J. DeFreece. Sheriff of Clinton County, Missouri t.ldon Hixson Judge of Clinton County Court Ed McPhee Judgrof Clinton County Court Allen A. Doak Judge of Clinton County Court -12-