Unit 5 Assignment Ethan Bish CJ320-8
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Running head: UNIT 5 ASSISGNMENT
1
CRIPA
Ethan Bish
Professor Brown
CJ320-8
The Civil Rights of Institutionalized Persons Act(CRIPA) was passed in 1980, and its purpose
was to give the Department of Justice the ability to investigate and take legal action against state
and local governments that violated the constitutional rights of those who were institutionalized.
There are five types of institutions CRIPA covers. The first institution covered by CRIPA is
Prisons. The second institution covered by CRIPA is juvenile detention facilities. The third
institution covered by CRIPA is state or locally run mental health facilities. The fourth institution
covered by CRIPA is state or locally run nursing homes. The fifth institution covered by CRIPA
is state or locally run disability or mental retardation facilities. Privately operated facilities are
not covered by CRIPA.
Under section 1997a, the U.S Attorney General has the authority to investigate facilities and
bring forth civil action in any district court. A consent decree is a legally binding settlement
agreement between two parties. Consent decrees are most often used in government regulations
but has been used most recently against the Louisville police department following the death of
Breonna Taylor. United States v. Terrell County, Ga., 457 F. Supp. 2d 1359
is a case where on
UNIT 5 ASSISGNMENT
2
October 3, 1994 William T. Gamble who was the chairman of the Terrell County Board of
Commissioners and the chief administrator of the County government, John W. Bowens who was
the Sheriff of Terrell County, along with other Board of Commissioners Larry Atherton, Lucius
Holloway Sr, Bob Rainey and Blake Vann were informed by the United States planned to
investigate the jail under the CRIPA act. The United States then came in and did their
investigation. On June 1, 1995, the United States issued their official findings on the conditions
at the jail. The United States concluded that
United States v. Terrell County
, 457 F. Supp. 2d
1359, 1361 (M.D. Ga. 2006)
(“medical care, mental health care, protection from harm,
environmental health and safety, and fire safety violated the inmates' constitutional rights.”) This
case concluded with the court finding that conditions at the jail violated the inmates’
constitutional rights, and the defendants to take remedial actions to improve jail house
conditions.
References
Civil rights of institutionalized persons - findlaw. (n.d.).
https://www.findlaw.com/civilrights/other-constitutional-rights/civil-rights-of-
institutionalized-persons.html
Civil Rights of Institutionalized Persons
. Civil Rights Division. (2023, June 6).
https://www.justice.gov/crt/civil-rights-institutionalized-persons
Everything you need to know about consent decrees
. Vera Institute of Justice. (n.d.).
https://www.vera.org/news/everything-you-need-to-know-about-consent-
decrees#:~:text=The%20Louisville%20Police%20Department%20was%20placed
UNIT 5 ASSISGNMENT
3
%20under%20a,Michael%20Brown%E2%80%99s%3B%20and%20in%20Minneapolis
%20after%20George%20Floyd%E2%80%99s.
Rights of persons with disabilities
. Civil Rights Division. (2016, July 22).
https://www.justice.gov/crt/rights-persons-disabilities#:~:text=The%20Civil%20Rights
%20of%20Institutionalized%20Persons%20Act%20%28CRIPA%29%2C,have%20no
%20authority%20to%20assist%20with%20individual%20claims.
SANDS, D. Judge. (2006, September 29).
United States v. Terrell County
. Legal research tools
from Casetext. https://casetext.com/case/us-v-terrell-county
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