SETTLEMENT AGREEMENT BETWEEN
THE UNITED STATES OF AMERICA
AND
THE BARBOUR COUNTY JAIL, CLAYTON, ALABAMA

Department of Justice Complaint Number 204-2-29

BACKGROUND

  1. This matter was initiated by a complaint filed under title II of the Americans with Disabilities Act of 1990 ("ADA"), 42 U.S.C. §§12131-12134, with the United States Department of Justice ("Department of Justice") against the Barbour County Jail, Clayton, Alabama, ("Jail"). The complaint alleges that Complainant, who has various mental illnesses, was incarcerated at the Barbour County Jail in April, 1996. Complainant further alleges that during his incarceration, he was denied the appropriate prescribed medication for his mental illnesses. Complainant also alleges that no psychiatrist was available to monitor his medication during his incarceration and as a result he suffered hallucinations and confusion during his incarceration at the Jail. The Jail denies these allegations.

  2. The Department of Justice is authorized under 28 C.F.R. Part 35, Subpart F, to investigate fully the allegations of the complaint in this matter to determine the Jail's compliance with title II of the ADA and the Department of Justice's implementing regulation, issue findings, and, where appropriate, negotiate and secure voluntary compliance agreements. Furthermore, the Attorney General is authorized under 42 U.S.C. §12133, to bring a civil action to enforce title II of the ADA should the Department of Justice fail to secure voluntary compliance pursuant to subpart F.

  3. The parties to this Agreement are the United States of America and the Barbour County Jail, Clayton, Alabama. In consideration of the terms of this Agreement as set forth below, the Attorney General agrees to refrain from undertaking further investigation or from filing civil suit in this matter. In the interest of securing compliance by voluntary means, the parties hereby agree as follows:

JURISDICTION

  1. The ADA applies to the Jail because it is a public entity as defined in the Department of Justice's regulation implementing title II. 28 C.F.R. §35.104.

  2. Title II of the ADA provides that no qualified individual with a disability shall, on the basis of disability, be excluded from participation in or be denied the benefits of the services, programs, or activities of a public entity, or be subjected to discrimination by any public entity. 28 C.F.R. §35.130(a).

  3. Title II of the ADA states that a public entity shall make reasonable modifications in policies, practices, or procedures when the modifications are necessary to avoid discrimination on the basis of disability, unless the public entity can demonstrate that making the modifications would fundamentally alter the nature of the service, program, or activity. 28 C.F.R. §35.130(b)(7).

REMEDIAL ACTION

  1. The purpose of this Agreement is to ensure that inmates with mental illnesses receive prescribed medication while incarcerated and that they receive appropriate monitoring and supervision by Spectra Care, the designated mental health care provider for the Jail.

  2. Effective immediately, the Jail agrees to administer any medication prescribed by the inmates' physicians. The Jail further agrees to refer inmates to Spectra Care for purpose of monitoring inmates' medications.

  3. Within sixty (60) days of the effective date of this Agreement, the Jail agrees to provide training to its staff, including all individuals who have contact with inmates, regarding the Jail's responsibilities under the Americans with Disabilities Act and this Agreement.

  4. Within sixty (60) days of the effective date of this Agreement, the Jail agrees to post the following notice in various conspicuous locations at the Jail. This notice will be made available for both public and Jail employee inspection:

IMPLEMENTATION AND ENFORCEMENT OF THE SETTLEMENT AGREEMENT

  1. This Agreement is a public document. A copy of this document or any information contained in it may be made available to any person by any party to the Agreement. The Jail will provide a copy of this Agreement to any person upon request.

  2. The Department of Justice may review compliance with this Agreement at any time. If it determines that this Agreement or any requirement thereof has been violated, it may institute civil action seeking specific performance of the provisions of this Agreement in an appropriate Federal court.

  3. Failure by the Department of Justice to enforce this entire Agreement or any provision thereof with respect to any deadline or any other provision herein will not be construed as a waiver of the Department of Justice's right to enforce other deadlines and provisions of this Agreement.

  4. The effective date of this Agreement is the date of the last signature below.

  5. This Agreement constitutes the entire agreement between the parties on the matters raised herein, and no other statement, promise, or agreement, either written or oral, made by either party or agents of either party, that is not contained in this written Agreement, will be enforceable. This Agreement is limited to the facts set forth in the first paragraph, and it does not purport to remedy any other potential violations of the ADA or any other Federal law. This Agreement does not affect the Jail's continuing responsibility to comply with all aspects of title II of the ADA.

  6. The signer of this document for the Jail represents that he or she is authorized to bind the Jail to this Agreement.

For the Barbour County Jail:




By:__________________________         Date:__________________________

For the United States:

Bill Lann Lee
Assistant Attorney General for Civil Rights




By:_____________________________         Date:__________________________

Allison Nichol, Acting Deputy Chief

Disability Rights Section
Civil Rights Division
U.S. Department of Justice
P.O. Box 66118
Washington, D.C. 20035-6118
(202) 305-1117