DOJ FINDS PROBLEMS WITH JUVENILE COURT AND DETENTION CENTER IN SHELBY COUNTY TENNESSEE

FROM:  U.S. DEPARTMENT OF JUSTICE
Thursday, April 26, 2012
Department of Justice Releases Investigative Findings on the Juvenile Court of Memphis and Shelby County, Tennessee First Investigative Findings Involving a Juvenile Justice System

Following a comprehensive investigation, the Justice Department today announced its findings regarding the Juvenile Court of Memphis and Shelby County (JCMSC), and the Shelby County Juvenile Detention Center in Tennessee.   The Justice Department found that the juvenile court fails to provide constitutionally required due process to all children appearing for delinquency proceedings, that the court’s administration of juvenile justice discriminates against African-American children, and that its detention center violates the substantive due process rights of detained youth by not providing them with reasonably safe conditions of confinement.   The investigation, opened in August 2009, was conducted under provision of the Violent Crime Control and Law Enforcement Act of 1994 and Title VI of the Civil Rights Act of 1964.  

“This report is a step toward our goal of improving the juvenile court, increasing the public’s confidence in the juvenile justice system, and maintaining public safety,” said Thomas E. Perez, Assistant Attorney General for the Civil Rights Division.   “Upholding the constitutional rights of children appearing before the court is necessary to achieve these ends. The department will work with Memphis leadership to create a comprehensive blueprint that will create sustainable reforms in the juvenile justice system.”

“While the Civil Rights Division findings are serious and compelling, I am encouraged that the leadership and staff of the Juvenile Court of Memphis, Shelby County and the Shelby Juvenile Detention Center have demonstrated that they intend to take immediate action to remedy the various constitutional deficiencies identified,” said Edward L. Stanton III, U.S. Attorney for the Western District of Tennessee.  “Our central objective is to ensure that our juvenile justice system works and adequately protects the rights of all youths who come before juvenile court. We look forward to working together to reach this goal, and ultimately establishing a model juvenile court.”

In January 2010 and 2011, with the full cooperation of JCSMC Judge Curtis S. Person, Justice Department attorneys visited the court and detention center with consultants in the fields of juvenile representation, statistical analysis and juvenile protection from harm.   The Justice Department and consultants interviewed magistrates, probation counselors, attorneys, administrators and children appearing before the court on delinquency matters.   As part of the investigation, the department’s attorneys and consultants conducted an in-depth analysis of over 60,000 youth files and reviewed policies and procedures, recordings of hearings, court documents, case files, detention material and statistical data.  

The Justice Department found a pattern or practice of unconstitutional conduct in several areas, including:

·          Failure to provide timely and adequate notice of charges to children appearing on delinquency proceedings;
·          Failure to protect youth from self-incrimination during probation conferences;
·          Failure to hold timely probable cause hearings for youth arrested without a warrant;
·          Failure to provide adequate due process protections for children before transferring them to the adult criminal court;
·          The disparate treatment of African-American children; and
·          Failure to adequately protect detained youth from self-harm and unnecessary and excessive restraints.

The Justice Department has received extensive cooperation from Judge Person who encouraged court personnel to provide full access to the information necessary for our review.   Judge Person and his staff have made improvements since the department began its investigation and demonstrated a desire to continue in a collaborative manner to remedy the deficiencies within the juvenile court and its detention center.   The department welcomes this opportunity to continue working with Judge Person and the other stakeholders to improve the court’s services to those children appearing before it and housed in the detention center.

This investigation was conducted by the Special Litigation Section of the Civil Rights Division.

U.S & TENNESSEE REACH CLEAN WATER ACT AGREEMENT WITH CITY OF MEMPHIS.

FROM:  U.S. ENVIRONMENTAL PROTECTION AGENCY

U.S. and Tennessee Announce Clean Water Act Agreement with the City of Memphis
WASHINGTON – The U.S. Environmental Protection Agency, the U.S. Department of Justice, the Tennessee Department of Environment and Conservation and the Office of the Tennessee Attorney General announced a comprehensive Clean Water Act (CWA) settlement with the City of Memphis, Tenn. Memphis has agreed to make improvements to its sewer systems to eliminate unauthorized overflows of untreated raw sewage. Memphis estimates such work will cost approximately $250 million.  

 “EPA is working with communities across country to address sewage overflows that negatively impact the health of residents and impair local water quality,” said Cynthia Giles, assistant administrator for EPA’s Office of Enforcement and Compliance Assurance. “This collaborative agreement with the city of Memphis will reduce raw sewage overflows, protecting area waterways now and into the future.”

“The improvements required by this settlement agreement will bring lasting public health and environmental benefits to Memphis residents,” said Ignacia S. Moreno, assistant attorney general for the Justice Department’s Environment and Natural Resources Division. “We will continue to work in partnership with EPA to enforce the Clean Water Act and work with municipalities across the country to advance the goal of clean water for all communities.”

A consent decree, filed today in U.S. District Court for the Western District of Tennessee in Memphis, represents the combined efforts of the United States and the state of Tennessee, co-plaintiffs in this settlement, and the Tennessee Clean Water Network, an intervening plaintiff in this action. The United States and Tennessee previously filed a complaint against Memphis on February 5, 2010, seeking injunctive relief and civil penalties for Memphis’ alleged violations of the Clean Water Act and the Tennessee Water Quality Control Act.

The major features of the consent decree will require Memphis to implement specific programs designed to ensure proper management, operation and maintenance of its sewer systems to eliminate unauthorized overflows of untreated raw sewage. In order to address the problem of grease buildup within the sewer lines, Memphis developed and will be required to implement a comprehensive fats, oil and grease (FOG) program. Furthermore, the consent decree will require Memphis to develop and implement a continuing sewer assessment and rehabilitation program to ensure that the integrity of sewer infrastructure is appropriately maintained to prevent system failures that would likely result in unauthorized overflows. The consent decree will also require Memphis to perform corrective measures in certain specifically identified priority areas.

In addition to the control requirements, the consent decree will also require Memphis to pay a civil penalty of $1.29 million. Half of this amount will be paid to the United States. At the direction of the state, the other half of the civil penalty will be paid by Memphis through the performance of certain state projects. These projects include implementation of improvements to Memphis’ Geographic Information System (GIS) and implementation of an effluent color study to better delineate limits for the color of Memphis’ permitted discharges into the Mississippi River.

Keeping raw sewage and contaminated stormwater out of the waters of the United States is one of EPA’s national enforcement initiatives for 2011 to 2013. The initiative focuses on reducing sewer overflows, which can present a significant threat to human health and the environment. These reductions are accomplished by obtaining cities’ commitments to implement timely, affordable solutions to these problems, including the increased use of green infrastructure and other innovative approaches.

The United States has reached similar agreements in the past with numerous municipal entities across the country including Mobile and Jefferson County, Ala. (Birmingham); Atlanta and Dekalb County, Ga.; Knoxville and Nashville, Tenn.; Miami-Dade County, Fla.; New Orleans; Hamilton County (Cincinnati), Ohio; Northern Kentucky Sanitation District #1; and Louisville, Ky.

The proposed consent decree with Memphis is subject to a 30-day public comment period and final court approval.