Legal action threatened over LCJC

Published 6:00 am Thursday, February 23, 2012

    The legal situation with Lauderdale County’s juvenile detention facility continues to deteriorate, with the Southern Poverty Law Center now threatening to take formal legal action if the county does not resolve problems there by March 1.

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    SPLC sent county attorneys a letter on Friday, saying they will be “forced to take formal legal action” if the county does not remedy conditions that the SPLC described as “dangerous, inhumane, and unconstitutional,” within 14 days of receipt of the letter.

    The SPLC has taken legal action against the county over conditions at the facility before. A 2009 lawsuit in which SPLC represented the plaintiff resulted in a 2010 settlement agreement, which required the county to comply with a long list of improvements needed to bring the facility up to a minimum standard. The agreement gave the SPLC the right to monitor the facility and track the county’s progress in improving conditions at the facility.

    In the letter, the SPLC said the county continues to violate federal law and the existing settlement agreement with the unlawful use of chemical restraints, a lack of rehabilitative programming, prolonged confinement to cells, and inadequate suicide prevention practices.

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    According to the letter, one youth inmate recently attempted suicide in front of staff, and staff did not take immediate action.

    “This week (of Feb. 12), a youth attempted suicide at the Juvenile Center. This youth attempted to hang himself in plain view of the detention center staff and it was not until the youth was hanging by a sheet and having difficulty breathing that staff intervened,” the letter stated. “Even after observing the youth with a sheet around his neck, staff did not take immediate action. This incident demonstrates the inadequacy of staff supervision and the severe threat to the safety of children housed at the Juvenile Center.”

    The letter also detailed improper use of chemical spray on inmates. “Staff regularly spray youth with chemical restraints that cause excruciating pain when these youth present no threat of harm to others and without first attempting to de-escalate the situation,” the letter stated. “Staff use chemical restraints against youth who are confined in their cells, and in at least one instance, failed to provide that child with medical attention following the use of chemical restraints.”

    The county planned to address the problem by closing the facility and housing its inmates at a juvenile detention facility in Rankin County, but Rankin County recently informed the county that it would not take on Lauderdale County’s youth inmates for fear of becoming entangled in Lauderdale County’s legal troubles.

    The county youth court, which ran the facility until late last year, is also under investigation by the U.S. Department of Justice after allegations of discriminatory sentencing practices. The Meridian Police Department is also included in that investigation.

    Sheriff Billy Sollie, who took over operation of the facility in October at the request of the county youth court, which previously operated it, said the county is still trying to find a way to house its youth inmates at the Rankin County facility.

    “We are continuing to negotiate with Rankin County and the SPLC toward a mutually agreeable resolution,” Sollie said.

    A formal letter by the county’s attorneys in response to the SPLC’s letter also stated that the county is still hoping to house its juvenile inmates in Rankin County.

    “Rankin County is now reluctant to accept our juveniles because of the order that is in place between your clients and the (Lauderdale County Juvenile Center) from previous federal litigation,” the letter stated. “It is still our position that we want to transfer our juveniles to Rankin County as soon as possible.”

    The county’s letter also stated that the SPLC has not produced a monitoring report of the facility since the first month that operation of the facility was turned over to the sheriff.

    Sollie has said that he plans to transfer operation of the facility back to the county court if the county is not able to house its juvenile inmates elsewhere. He said the SPLC monitors five of the 17 juvenile detention facilities in the state.

    “This is a process that has evolved over the years,” Sollie said. “We are working as quickly as possible with my agencies for the betterment of services for the youth involved.”

    Long before the 2009 lawsuit, problems with conditions at the facility were reported by multiple grand juries.

    “The county has failed to remedy these conditions for decades,” said SPLC Attorney Elissa Johnson. “The county has failed to comply with the settlement agreement in large part, and the youth who are housed at the center are still at risk for abuse and neglect.”

    The SPLC is strongly in favor of the closure of the facility.

    “Lauderdale County clearly cannot safely house the children in its custody. These youth should be immediately moved to a facility better equipped to meet their needs and all over-night detention operations should immediately cease at (the facility),” the letter said.

    Johnson stressed that the SPLC wants to work with the county to provide better conditions for juvenile inmates.

    “We remain committed to working collaboratively with Lauderdale County,” Johnson said. “We do not want to re-litigate these issues, but we cannot allow the children to suffer abuse.”

    The county’s letter also expressed a desire for collaboration, but said that juvenile inmates will not be removed from the facility until they are able to be transfered to Rankin County.

    “The county has continued to collaborate with (the SPLC) in order to address the situation and we are still taking that action today and will in the future,” the county’s letter stated. “We would request any assistance to help allow us to make the immediate transfer of our juveniles to Rankin County. Otherwise, those juveniles will continue to be housed in the LCJC.”