Muscogee Settlement Agreement
TABLE OF CONTENTS
I. INTRODUCTION - 4
II. DEFINITIONS - 4
III. BACKGROUND - 5
IV. SUBSTANTIVE PROVISIONS -7
Overall Jail Conditions - 7
Correctional Issues - 8
A. Policies and procedures - 8
B. Inmate handbook - 9
C. Classification - 9
D. Training - 9
E. Security and supervision - 10
F. Exercise - 11
G. Reading materials and access to the courts - 11
H. Use of trustees (runarounds) - 12
Medical, Dental, & Mental Health Care - 13
A. Medical policies and procedures - 13
B. Medical staffing - 13
C. Referrals for outside medical care - 13
D. Medical decisions - 14
E. Intake screenings - 14
F. Health assessment - 14
G. Communicable disease screening - 14
H. Sick call - 15
I. Staff medical training - 16
J. Emergency care - 16
K. Mental health care and suicide prevention - 16
L. Medication management and pill call - 17
M. Medical records - 18
N. Dental care - 18
Environmental Health & Safety - 19
A. Environmental health and safety policies and procedures
B. General housekeeping and maintenance - 19
C. Pest extermination - 19
D. Fire and electrical hazards - 19
E. Plumbing - 20
F. Lighting - 20
G. Ventilation - 21
H. Food sanitation - 21
I. Mattresses, sheets, towels, and personal hygiene items - 21
J. Training and chemical cleaners - 22
V. CONSTRUCTION, IMPLEMENTATION, & TIMING OF COMPLIANCE - 22
VI. STIPULATION PURSUANT TO THE PRISON LITIGATION REFORM ACT,
18 U.S.C. § 3626 - 24
VII. TERMINATION - 25
FINDING PURSUANT TO THE PRISON LITIGATION REFORM ACT - 27
1. This agreement is made in light of the provisions of the Civil Rights
of Institutionalized Persons Act, 42 U.S.C. § 1997 et seq., with which
the United States has complied.
2. Venue over any action that might be filed would be in the Middle
District of Georgia pursuant to 28 U.S.C. § 1391 (b).
3. Jurisdiction in the federal court would be pursuant to 28 U.S.C.
4. Party of the first part shall refer to the United States of America,
which hereinafter shall be referred to as the United States.
5. Parties of the second part shall refer to Muscogee County, Georgia;
the Sheriff of Muscogee County, in his official capacity; the Mayor of
Columbus, in his official capacity; the Columbus City Manager, in his official
capacity; members of the Columbus Council, in their official capacities;
and their agents and successors in office. The City of Columbus and Muscogee
County are a consolidated government, and parties of the second part are
hereinafter referred to as the City/County. This Agreement is between the
United States and the City/County.
6. The term "Muscogee County Jail" (Jail) includes the three existing
Jail facilities (the "new jail," the "old jail," and the "stockade") as
well as any other Muscogee County institutions built, leased, or otherwise
used, to replace the current Jail or Jail components.
7. The terms "inmate" or "inmates" shall refer to one or more individuals
sentenced to, incarcerated in, detained at, or otherwise confined at either
the existing Muscogee County Jail or any institution that is built or used
to replace the Jail or any part of the Jail. The term "special needs inmates"
shall refer to those inmates who are suicidal, mentally ill, mentally retarded,
intoxicated, or otherwise a danger to themselves or others.
8. "Qualified professional" shall refer to an individual qualified to
render the requisite and appropriate care, treatment, judgment(s), training
and service, based on credentials recognized in the specific field.
9. The City/County owns and operates the Jail, located in Columbus,
10. The Sheriff is responsible for the day-to-day operation of the Jail.
In his official capacity, the Sheriff has the custody, rule, and charge
of the Jail and Jail inmates.
11. On December 1, 1994, United States Department of Justice attorneys
and their consultants in the fields of penology, correctional health care,
and environmental health and safety, toured the Jail pursuant to the Civil
Rights of Institutionalized Persons Act. 42 U.S.C. § 1997 et seq.
12. On June 1, 1995, the United States issued a findings letter regarding
conditions of confinement at the Jail based upon the Justice Department
investigation and expert tour of the facility. The United States' findings
letter was sent to the City/County. This Document detailed numerous alleged
constitutional deficiencies allegedly affecting the life, health, and safety
of Muscogee County inmates.
13. The parties to this Agreement recognize the constitutional rights
of inmates confined in the Jail. These rights include, but are not limited
to, the right to: (1) adequate supervision to ensure reasonable inmate
safety, (2) adequate medical and mental health care, (3) a safe and sanitary
physical plant which does not pose an unreasonable threat to safety, (4)
reasonable opportunity for exercise, and (5) meaningful access to the courts.
14. In order to avoid protracted litigation regarding the constitutionality
of conditions of confinement at the Jail, the parties agree to the provisions
set forth in this Agreement.
15. The parties agree that the provisions of this agreement are a reasonable,
lawful, and fundamentally fair resolution of this case.
IV. SUBSTANTIVE PROVISIONS
OVERALL JAIL CONDITIONS
16. By July 1, 1999, the City/County shall complete or will have contracted
for or budgeted for the following building projects to ensure a safe, sanitary,
and healthy environment at the jail (any projects planned, contracted,
or budgeted for shall be completed in a timely manner):
a) Repair or replace old and damaged plumbing, electrical,
lighting and ventilation systems.
b) A plan to expand kitchen facilities or contract out food service.
A Request for Proposal (RFP) is currently being developed to pursue contracting
out the food service.
c) A plan to provide adequate clinical space and inmate medical (including
d) Construct, lease, or otherwise obtain additional housing space for
the number of inmates incarcerated. Adequate housing shall be provided
to ensure that every inmate has a place to sleep off the floor and away
from plumbing. Additionally, housing units shall contain adequate showers,
toilets, lighting and other fixtures to allow adequate sanitation and humane
living conditions. Any housing used for inmates must meet the requirements
of this agreement and constitutional standards, and the United States shall
have reasonable inspection rights for any facilities used as allowed by
17. In ensuring City/County compliance with this section on overall
jail conditions, City/County officials shall require that construction
and renovations be conducted in compliance with the National Fire Protection
Association's Life Safety Code, state and local building codes, American
Correctional Association (ACA) standards, the Americans with Disabilities
Act (ADA), and ADA regulations.
18. The City/County shall retain qualified personnel to assist them
with the renovation, construction, and facility replacement process. The
City/County and their personnel shall regularly consult with the United
States during this process as to the appropriate renovations, construction,
services and staffing needed. The City/County shall also provide the United
States with timetables, architectural plans, building inspections, legislation,
and other documents related to this process as part of the Compliance system
described in Section V.
19. Any renovations or construction shall be done by qualified personnel.
A. Policies and procedures.
20. The City/County shall develop and implement, appropriate, comprehensive
policies and procedures for Jail Operations. The City/County shall base
their policies and procedures on professional standards. All staff shall
have access to a copy of a staff manual containing Jail policies and procedures
and shall sign a statement indicating that they have read and understood
the provisions of the manual. Jail policy and procedure manuals shall be
reviewed annually and updated by the City/County as necessary.
The City/County shall consult with the United States in the ongoing
development of these policies and procedures.
B. Inmate Handbook.
21. Inmates shall receive an inmate handbook upon arrival summarizing
policies applicable to them including, but not limited to: 1) Jail rules,
2) visitation and exercise policies, 3) a description of the process for
obtaining bond and an attorney, 4) a description of the disciplinary procedure,
5) an explanation regarding how to access sick call, medications, and emergency
assistance, and 6) a list of all legal materials available to inmates.
22. Inmates shall be classified and housed based upon sound professional,
23. The City/County shall develop an adequate training program which
includes at least 40 hours of in-service training every year and which,
in addition, requires all current jailers to complete the state jailer
school program within one year of employment. All new jailers shall have
attended the state jailer school program prior to working at the jail.
If the City/County develops a local jailer training program which meets
state credentialing standards and provides the same level of training offered
by the state school, they may use this local training program in lieu of
the state jailer school. Staff shall be adequately trained to carry out
the terms of this Agreement.
E. Security and supervision.
24. All use of force, including the use of chemical agents (e.g.,
pepper spray), shall be adequately documented. Adequate documentation includes
the use of incident reports and summaries. All weapons will be kept in
the custody of supervisors, carefully inventoried and monitored for unauthorized
usage, and will not be distributed without documentation. Weapon inventories
will be tracked and monitored to identify inappropriate or excessive use
of force by officers. Each use of force shall be reviewed by Jail supervisors,
and staff will be disciplined for violations of use of force policies.
The City/County shall identify all known persons for whom chemical agents
pose a danger to health, and chemical agents shall not be targeted at such
persons. Persons subjected to chemical agents shall be afforded the opportunity
to cleanse themselves of the chemical agent and shall be provided with
prompt medical attention, if necessary. As part of the training process,
staff shall be instructed on de-escalation techniques and use of force
rules. Jail policies and procedures shall establish clear standards governing
use of force. These standards shall be based on relevant law and professional
practice. The amount of force used must be proportionate given the situation
faced by an officer, and escalations in force levels must be appropriate.
25. The City/County no later than July 1, 1999 shall hire and retain
or budget for staff to adequately supervise and operate all Jail facilities
(old and new). Positions budgeted for shall be filled in a timely manner.
Corrections staffing shall be sufficient to carry out the terms of this
Agreement and minimum requirements shall include the following:
a) The City/County shall ensure that there is always at least
one officer present, at all times, on every jail housing floor. Thus, at
least one officer shall be present at all times on each floor of the "new
jail," at the officers' post in the "stockade," and on each floor of the
b) The City/County shall also provide sufficient staff to ensure adequate
backup in the event of emergencies, to transport inmates to the medical
unit and sick call, and to provide adequate inmate exercise.
c) Rounds will be conducted at least once every half hour at irregular
intervals (e.g., 20, 25, 30, 15 minutes), and shall include a logged,
visual inspection of all housing areas.
26. Beginning September 1, 1999, inmates shall be given outdoor exercise
5 days each week, 1 hour per day, weather permitting. Until that time,
weather permitting, inmates shall be given outdoor exercise as facilities
and staffing permit.
G. Reading materials and access to the courts.
27. At their own expense, inmates may receive by mail direct from the
publisher, a reasonable number of periodicals, legal research materials,
newspapers, books and other reading materials which may be kept in an inmate's
cell so long as such materials do not create a fire hazard.
28. The City/County shall provide inmates with prompt access to appropriate
legal materials as identified in Attachment A.
29. Legal materials shall be available for use by inmates no less than
five days per week between 9:00 a.m. and 4:00 p.m. Inmate requests for
access to legal materials shall be honored within two working days after
receipt of the request, or earlier if the inmate faces a specific court
deadline. The City/County shall ensure that qualified staff make reasonable
efforts to meet inmate requests for legal materials even when an inmate
is unable to provide a specific legal cite for the materials the inmate
needs. Inmates may be required to pay the City/County for any legal materials
they damage, steal, or destroy.
30. Inmates shall be provided with sufficient time and legal materials
for a reasonable opportunity to conduct legal research. In the event that
an inmate is facing a specific court deadline, the City/County shall make
reasonable efforts to allow the inmate additional access to legal materials
H. Use of trustees (runarounds).
31. Jailers are responsible for the care and supervision of inmates.
Those duties shall not be delegated to inmates, and no inmate shall have
authority over other inmates. No inmate shall serve as the conduit for
transmitting inmate requests for assistance to jail staff. The kitchen
trustees shall always be supervised by at least one jailer or civilian
employee, even on weekends.
MEDICAL, DENTAL AND MENTAL HEALTH CARE
A. Medical policies and procedures.
32. The City/County shall implement medical policies and procedures
that include, but are not limited to, provisions regarding: 1) initial
screening and health assessments, 2) communicable disease testing and control,
3) access to medical care and sick call, 4) pill call and medication management,
5) medical records, 6) staff training, 7) mental health care, 8) emergency
dental care, 9) emergency medical care and transport, and 10) inmate co-payments.
B. Medical staffing.
33. The City/County shall issue requests for proposals to ensure timely
and competent medical care. The medical staffing shall be sufficient to
carry out the requirements of this Agreement. A qualified medical professional
shall oversee Jail medical and mental health services as the Responsible
Healthcare Authority (RHA). Inmate medical and mental health treatment,
nursing staff, and medical policy development, shall be supervised by qualified
C. Referrals for outside medical care.
34. The City/County shall ensure, thru requirements in the medical provider
contract or otherwise, that inmates who are referred to sub-specialty medical
providers by a physician or registered nurse shall receive medical evaluation
and medical care from such specialists. Procedures and practices must ensure
that timely emergency medical care is provided when necessary, and the
City/County shall monitor, drill, and evaluate emergency response.
D. Medical decisions.
35. Adequate space, supplies, and equipment shall be provided for medical
care. Jail officials shall not overrule medical decisions made by medical
E. Intake screenings.
36. The City/County shall ensure that receiving screening includes screening
for alcohol abuse, serious medical problems, mental health problems, and
F. Health assessment.
37. Within two weeks of intake, inmates shall receive a health assessment
which includes taking an initial medical history and identification of
any known allergies, and a physical examination consisting of blood pressure,
pulse, temperature, and respiration tests. The health assessment results
shall be recorded on a standardized form that is placed in the inmate's
medical record along with inmate's intake screening form.
G. Communicable disease screening.
38. The City/County shall continue implementing and refining their communicable
disease testing, monitoring, and treatment program. The City/County shall
continue to test for tuberculosis all inmates arriving at the jail upon
booking and will follow-up on test results as medically indicated. In the
event a communicable disease, such as tuberculosis, is identified by the
Jail's communicable disease screening program, the City/County will notify
the relevant public health authorities and the United States about the
H. Sick call.
39. The City/County shall implement a sick call policy and procedure
that includes, at a minimum, the following:
(1) written sick call request slips; (2) a collections method
where the request slips are carried by jail staff directly to a qualified
health professional i.e., registered nurse, physician, or licensed
practical nurse (LPN); (3) logging procedures to record each request for
sick call services; (4) review of inmate requests by a registered nurse
or physician on a daily basis to determine urgency of the need to be examined;
(5) a sick call clinic held at least once per week conducted by a licensed
physician, or registered nurse (RN) under the supervision of a licensed
physician; and (6) a policy requiring medical staff to record the results
of sick call in an inmate's record. At least three times a week, documented
rounds will be conducted in segregation. Inmates submitting sick call requests
shall be seen by qualified medical professionals in a timely manner.
40. The City/County shall permit illiterate inmates orally to request
medical care through medical staff. Such requests will be processed in
a timely fashion and properly documented by the medical staff who receive
I. Staff medical training.
41. Staff shall be adequately trained to identify inmates with special
mental health needs, identify medical emergencies, give first aid, and
give CPR. Only qualified medical staff (i.e., not security staff)
shall handle pill call and the administering of medications.
J. Emergency care.
42. Inmates requiring emergency medical care shall receive such care
immediately. Inmates must be able to contact an officer for assistance
on a timely basis.
K. Mental health care and suicide prevention.
43. The City/County shall provide adequate mental health services to
the inmates by requests for proposals. To that end, the City/County shall
ensure that the contracted, qualified mental health professionals shall
provide 24-hour on-call consultation as well as in-person intervention
and evaluation. Furthermore, mentally ill inmates shall be housed in an
appropriate environment that facilitates staff supervision and personal
safety. Inmates with special mental health needs shall be evaluated by
a qualified mental health professional within twenty-four hours. Inmates
requiring psychiatric hospitalization shall be transferred promptly to
adequate psychiatric hospital facilities. The City/County shall ensure
that a psychiatrist and a psychologist provide services at the jail for
at least twenty hours per week each.
44. The City/County shall ensure that suicide prevention measures are
in place at the Jail and shall also develop and implement written policies
and procedures on suicide prevention and the treatment of special needs
inmates. These procedures shall be consistent with professional standards
and shall include provisions for constant direct supervision of actively
suicidal inmates and close supervision of special needs inmates with lower
levels of risk (e.g., 15 minute checks). Officers shall document
their checks. Suicide prevention policies shall include procedures to ensure
the safe housing and supervision of inmates based on the acuity of their
mental health needs. Cells for suicidal inmates shall be retrofitted to
render them suicide-resistant (e.g., elimination of protrusive shower
heads, exposed bars, unshielded lighting or electrical sockets). Staff
will be trained on suicide response, prevention, and detection. Staff posts
will be equipped with 911 rescue tools.
L. Medication management and pill call
45. All medications shall be appropriately managed and securely stored
at the Jail pursuant to a medication management policy. Drug prescription
practices shall be in compliance with professional standards. To that end,
medication orders must be reviewed by a physician or pharmacist, distribution
of medications shall be properly logged, nurses shall not be allowed to
remove medications from the pharmacy, only legally authorized personnel
shall be permitted to distribute medications from the pharmacy, and staff
shall be trained regarding medication side effects and pill call procedures.
Medication logs must be co-signed by inmates, and when an inmate is supposed
to receive more than one medication, the forms should identify whether
an inmate has received each medication prescribed during pill call. The
City/County shall ensure that adequate supplies of medications are available.
In particular, inmates on "PRN" medications shall receive their medications
as ordered by medical staff.
M. Medical records.
46. The City/County shall ensure that the RHA Maintains complete, confidential,
and well-organized medical records at the Jail, separate from the inmate
record. To ensure continuity of care, medical record information shall
be submitted to outside medical providers when inmates are sent out of
the Jail for medical care, and reports and records from those providers
will be returned with the inmates to the jail. Access to individual inmate
medical records shall be restricted to medical personnel, and medical information
shall be shared with jail officers only when the RHA believes this is necessary.
Jail staff shall be instructed not to divulge inmate medical information
to other inmates.
N. Dental care.
47. Inmates with emergency dental needs shall receive such care immediately.
Dental care shall not be limited to extractions. Adequate dentist hours
will be provided to avoid unreasonable delays in dental care. At least
30 hours of dental care shall be provided per week.
ENVIRONMENTAL HEALTH AND SAFETY
A. Environmental health and safety policies and procedures.
48. The City/County shall develop and implement environmental health
and safety policies and procedures which include, but are not limited to,
provisions regarding: 1) fire safety and drills, 2) general housekeeping
plan, 3) maintenance plan, 4) safe use of cleaning agents, 5) food handling
and nutrition, and 6) inmate laundry, mattresses and personal hygiene.
B. General housekeeping and maintenance.
49. The City/County shall regularly clean and maintain any Jail facilities
pursuant to a general housekeeping plan. The City/County may continue to
provide inmates with cleaning materials on a daily basis, but the City/County
are ultimately responsible for the Jail's cleanliness and physical condition.
Any new, renovated, or replacement Jail facilities must also be kept clean
and in good physical condition.
C. Pest extermination.
50. The City/County shall continue to contract for professional exterminator
services for the jail, and shall keep the jail reasonably pest free. A
copy of this contract shall be retained as part of the compliance monitoring
requirements of Section V below.
D. Fire and electrical hazards.
51. The City/County shall eliminate fire and electrical hazards (e.g.,
exposed wiring, excessive flammable debris), routinely test and maintain
the fire alarm and smoke detection system, continue to service all extinguishers,
and keep updated a fire evacuation plan developed with the assistance of
a qualified fire safety consultant (e.g., fire chief). The City/County
shall ensure that keys are properly marked and organized for ready use
during emergencies, and will conduct fire and disaster drills on every
shift at least four times a year. Drill results will be documented, reviewed
by management, and incorporated into staff training. The City/County shall
ensure that the Jail is inspected every six months by a qualified fire
safety inspector. Copies of any fire marshall or inspector reports and
corrective actions taken in response shall be provided to the United States
as part of the compliance monitoring process in Section V.
52. The City/County shall continue to repair, replace, and maintain
any leaking or inoperative plumbing fixtures in the current Jail facility.
The City/County shall ensure that the water supply to living areas is adequate
and that water temperatures meet health and safety standards.
53. The City/County shall provide inmates with lighting adequate for
working, reading, security, and health (e.g., 20 foot candles minimum
in work and reading areas).
54. The City/County shall ensure that inmates receive an adequate supply
of fresh air and heating. The ventilation systems shall be kept in good
H. Food sanitation.
55. The City/County shall ensure that the kitchen is operated in a manner
consistent with public health standards. To that end, staff and trustees
shall be adequately trained in safe food handling practices. A qualified,
professional, food service supervisor shall be present at all hours of
kitchen operation. Food shall be prepared, served, and stored in a clean,
healthful manner. Food temperatures shall be adequate to minimize the possible
transmission of food borne illnesses. Kitchen trustees will be supervised
at all times by staff. Quarterly inspections of the kitchen shall be conducted
by qualified inspectors.
I. Mattresses, mattress covers, towels, and personal hygiene items.
56. The City/County shall provide each arriving inmate with adequate
bedding and washing materials to include no less than mattresses, mattress
covers, towels, and personal hygiene items. All bed linen, towels, inmate
clothes and uniforms shall be in good condition and cleaned at least once
per week. The City/County shall ensure that each arriving inmate receives
a standard, institutional, fire-resistant mattress which is in good condition.
Mattresses will be sanitized before distribution to an inmate. The City/County
shall replace all torn mattresses with standard, institutional, fire-resistant
57. The City/County shall provide inmates with an adequate supply of
soap, hair shampoo, toothbrushes, toothpaste, toilet paper, combs, deodorant,
feminine hygiene items, and shaving equipment.
J. Training and chemical cleaners.
58. The City/County will provide Jail staff with adequate training regarding
environmental health and safety policies.
59. All brooms and hazardous chemicals shall be removed from housing
areas after use. Chemical cleaning agents shall be safely stored, used,
and mixed. Inmates provided cleaning agents shall receive training on the
safe storage, use, and mixture of chemical cleaners.
60. The City/County will provide inmates with 3 nutritionally adequate
meals per day. The menus of all meals served at the Jail must be approved
by a trained dietician as meeting generally accepted nutritional guidelines.
Nutritionally adequate, equivalent substitutions in the menu can be made.
V. CONSTRUCTION, IMPLEMENTATION, AND TIMING OF COMPLIANCE
61. This agreement shall be applicable to and binding upon all parties,
their officers, agents, employees, assigns, and their successors in office.
62. This agreement shall remain in effect until the City/County fully
and faithfully implement all provisions of this agreement. If the City/County
fails to comply with the requirements of this agreement in a timely manner,
the United States has the right to seek relief from the United States District
Court for the Middle District of Georgia.
63. Except where otherwise specifically indicated, the City/County shall
complete implementation of all the provisions of this agreement within
one hundred and eighty (180) days of the date of this agreement.
64. The City/County shall submit semi-annual compliance reports to the
United States, the first of which shall be filed within 180 days after
the date of this agreement. Thereafter, the reports shall be filed fifteen
(15) days after the termination of each six-month period ending on July
1 and January 1 continuing until the agreement is terminated. The reports
shall describe the actions the City/County has taken during the reporting
period to implement this agreement and shall make specific reference to
the agreement provisions being implemented.
65. The City/County shall submit upon request records or other documents
to verify that they have taken such actions as described in their compliance
reports (e.g., census summaries, staffing summaries, contracts,
bills, incident reports) and will also provide all documents reasonably
requested by the United States.
66. All parties shall bear their own costs, including attorney fees.
67. The City/County shall keep such records as will fully document that
the requirements of this agreement are being properly implemented and shall
make such records available at the Jail at all reasonable times for inspection
and copying by the United States.
68. The United States and its attorneys, consultants, and agents shall
have unrestricted access to the Jail, Jail inmates, Jail staff, and documents
as reasonably necessary to address issues affected by this agreement.
69. All Jail staff members and other individuals responsible for implementing
this agreement shall be apprized of the contents of this agreement, and
strict compliance with this agreement be required of employees, agents,
assigns, or successors.
VI. STIPULATION PURSUANT TO THE PRISON LITIGATION REFORM ACT,
18 U.S.C. § 3626.
70. For purposes of this agreement only and in order to settle this
matter, the City/County stipulates that this agreement complies in all
respects with the provisions of 18 U.S.C. § 3626(a). The parties further
stipulate and agree that the prospective relief in this agreement is narrowly
drawn, extends no further than necessary to correct the violations of federal
rights alleged by the United States, is the least intrusive means necessary
to correct these violations, and will not have an adverse impact on public
safety or the operation of a criminal justice system. Accordingly, the
parties agree and represent that the agreement complies in all respects
with the provisions of 18 U.S.C. § 3626(a).
71. The issue of liability has not been litigated.
72. This agreement is not intended to have any preclusive effect except
between the parties. Should the issue of the preclusive effect of this
agreement be raised, the parties agree to certify that this agreement was
intended to have no such preclusive effect.
73. The City/County shall not seek to terminate this Agreement until
after January 1, 2000. The parties agree that the systemic and comprehensive
nature of this Agreement shall require that implementation of its terms
take place over a number of years as provided in this document.
74. If the City/County does not comply with the requirements of this
Agreement, the United States reserves the right to seek enforcement of
the inmates' constitutional rights and the appropriate terms of this Agreement
by filing a Motion to Restore and then seeking relief from the Court. The
Agreement shall be subject to final termination as soon as the City/County
has complied with all the requirements of the Agreement.
75. Once the City/County has determined that the termination requirements
of paragraphs 73-74 have been met, the City/County shall advise the United
States of its determination in writing. Thereafter, the parties anticipate
a period of consultation, evaluation, and conferral. If the parties concur
that the final termination requirements have been met, the parties anticipate
filing a Joint Motion for Final Dismissal of this action. If the United
States objects to Final Dismissal, the City/County may file a Motion for
Final Dismissal. Once such a unilateral Motion is filed, a hearing shall
be held to evaluate whether the conditions for final dismissal identified
in paragraphs 73-74 (above) have been met. Nothing in this Agreement precludes
the parties from jointly stipulating to termination of portions of this
Agreement at any time.
FINDING PURSUANT TO THE PRISON LITIGATION REFORM ACT
Having considered the foregoing Agreement, and the associated Joint
Motion for Conditional Dismissal and Order of Conditional Dismissal, and
based on the stipulation of the parties, the Court hereby finds:
1. The prospective relief in the Agreement is necessary to correct
the violations of the federal rights of Muscogee County Jail inmates alleged
by the United States.
2. The Agreement is narrowly drawn, extends no further than necessary
to correct these violations, and is the least intrusive means necessary
to correct these violations.
3. The Agreement will not have an adverse impact on public safety
or the operation of a criminal justice system.
4. The Agreement complies with the requirements of the Prison Litigation
Reform Act, 18 U.S.C. § 3626 et seq.
5. The parties have worked to settle this matter without the Court's
intervention and have submitted a Joint Motion for Conditional Dismissal
of this case pursuant to Federal Rule of Civil Procedure 41(a)(2).
Wherefore, this Agreement is entered as a judgment of the Court. An
Order of Conditional Dismissal is being entered separately. The Agreement
is not an adjudication on the merits and therefore shall have no preclusive
effect except between the parties to this matter.
So Ordered, the _____ day of ______________, 199_.
UNITED STATES DISTRICT JUDGE
AGREED TO BY:
Date: _________, 199_
COUNSEL FOR THE UNITED STATES:
Bill Lann Lee
Acting Assistant Attorney General
U.S. Department of Justice
United States Attorney
Middle District of
Georgia Civil Rights Division
P.O. Box U
Macon, GA 31202
Steven H. Rosenbaum
Special Litigation Section
Mellie H. Nelson
Special Litigation Section
U.S. Department of Justice
Civil Rights Division
Special Litigation Section
Post Office Box 66400
Washington D.C. 20035
COUNSEL FOR CITY/COUNTY OF COLUMBUS - MUSCOGEE COUNTY SHERIFF, MAYOR
OF COLUMBUS, CITY MANAGER OF COLUMBUS, AND COLUMBUS COUNCIL
E. H. Polleys, Esq.
Columbus, GA 31902-1340