Case 3:07-cv-01559-N Document 1 Filed 09/12/2007 Page 1 of 7 :---- ' - l"-.S-. -D-;S-T·RIUC::;-;Tr;.:;::~--- I :\" .., I HE~RN DiSr COURT RICT OF IN THE DISTRICT d'OURT FILED FOR THE NORTHERN DISTRICT OF T~XAS f SEP , 2 aJj' UNITED STATES OF AMERICA,

PLAINTIFF, I ~-______~Dt~p~ul'Y~------v. Civil No. COUNTY, TEXAS; LUPE VALDEZ, S O'1C V 1 5 5 9 - N SHERIFF OF DALLAS COUNTY, TEXAS (in her official capacity),

DEFENDANTS.

COMPLAINT

THE UNITED STATES OF AMERICA alleges:

1. The Attorney General files this complaint on behalf of the United States of America pursuant to the Civil Rights of Institutionalized Persons Act of 1980, 42 U.S.C. § 1997, to enjoin the named Defendants from depriving persons incarcerated at the Dallas County Jail, located in Dallas,

Texas, of rights, privileges, or immunities secured and protected by the Constitution of the United States.

JURISDICTION AND VENUE

2. This Court has jurisdiction over this action under

28 U.S.C. § 1345.

3. The United States is authorized to initiate this action pursuant to 42 U.S.C. § 1997a. Case 3:07-cv-01559-N Document 1 Filed 09/12/2007 Page 2 of 7

4. The Attorney General has certified that all pre-filing requirements specified in 42 U.S.C. § 1997b have been met. The Certificate of the Attorney General is appended to this Complaint and is incorporated herein.

5. Venue in the Northern District of Texas is proper pursuant to 28 U.S.C. § 1391.

DEFENDANTS

6. Defendant DALLAS COUNTY is a governmental subdivision created under the laws of the State of Texas.

The Dallas County Sheriff's Office is a division of the

Dallas County government. The County owns and operates the

Dallas County Jail ("DCJ"), located in Dallas, Texas.

7. Defendant DALLAS COUNTY is the entity charged by the laws of the State of Texas with authority to maintain

DCJ and is responsible for the conditions of confinement and health and safety of persons incarcerated at DCJ.

8. Defendant LUPE VALDEZ is the Sheriff of the Dallas

County Jail and is responsible for the day-to-day operations of DCJ. In her official capacity as Sheriff, she has the custody, control, and charge of the jail and inmates.

Sheriff VALDEZ is sued in her official capacity.

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9. Defendants are legally responsible, in whole or in part, for the operation and conditions of DCJ, and for the health and safety of persons incarcerated in DCJ.

10. At all relevant times, the Defendants or their predecessors in office have acted or failed to act, as alleged herein, under color of state law.

FACTUAL ALLEGATIONS

11. The Dallas County Jail is an institution within the meaning of 42 U.S.C. § 1997(1).

12. Persons confined to the Dallas County Jail include both pre-trial detainees and sentenced inmates.

13. Defendants have engaged in and continue to engage in a pattern or practice of failing to protect inmates at the Dallas County Jail from serious harm and undue risk of serious harm by, inter alia, failing to provide adequate medical and mental health care, and failing to provide safe and sanitary living conditions.

14. The factual allegations set forth in paragraph 13 have been obvious and known to Defendants for a substantial period of time; yet Defendants have failed to address adequately the conditions described.

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VIOLATIONS ALLEGED

15. Through the acts and omissions alleged in paragraphs 13 and 14, Defendants have exhibited deliberate indifference to the health and safety of Dallas County Jail inmates, in violation of the rights, privileges, or immunities of those inmates as secured or protected by the

Constitution of the United States. U.S. Const. amend. VIII,

XIV.

16. Unless restrained by this Court, Defendants will continue to engage in the acts and omissions set forth in paragraph 13 that deprive persons confined in the Dallas

County Jail of rights, privileges, or immunities secured or protected by the Constitution of the United States.

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PRAYER FOR RELIEF

19. The Attorney General is authorized under

42 U.S.C. § 1997 to seek equitable and declaratory relief.

WHEREFORE, the United States prays that this Court enter an order permanently enjoining Defendants, their officers, agents, employees, subordinates, successors in office, and all those acting in concert or participation with them from continuing the acts, omissions, and practices set forth in paragraph 15 above, and that this Court require

Defendants to take such actions as will ensure lawful conditions of confinement are afforded to inmates at the

Dallas County Jail. The United States further prays that this Court grant such other and further equitable relief as it may deem just and proper.

Respectfully submitted,

AL At orney General of the United States

5 Case 3:07-cv-01559-N Document 1 Filed 09/12/2007 Page 6 of 7

United States Attorney Acting Assistant Attorney Northern District of Texas General 1100 Commerce Street Civil Rights Division Suite 300 Dallas, Texas 75242-1699

JOHN R. PARKER ETTA Y. CUTLAR Chief, Civil Division United States Attorney's Office pecial Litigation Section Northern District of Texas 1100 Commerce Street Suite 300 Dallas, Texas 75242-1699

DANIEL H. WEISS Deputy Chief Special Litigation Section

DAVID DEUTSCH WILLIAM E. NOLAN Attorneys Civil Rights Division Special Litigation Section U.S. Department of Justice 950 Pennsylvania Avenue, NW Washington, DC 20530 (202)514-6270 Case 3:07-cv-01559-N Document 1 Filed 09/12/2007 Page 7 of 7 ~JS 44 (Rev. 3/99) CIVIL COVER SHEET The JS-44 civil cover sHeet and the information contained herein neither replace nor supplement the filing and service of pleadings or other papers as required by law, except as Provided by local rules of court. This form, approved by the Judicial Conference of the United States in September 1974, is required for the use of the Clerk of Court for the purpose of initiating the civil docket sheet. (SEE INSTRUCTIONS ON THE REVERSE OF THE FORM.)

I. (a) PLAINTIFFS DEFENDANTS UNITED STATES OF AMERICA DALLAS COUNTY, TEXAS; LUPE VALDEZ, SHERIFF OF DALLAS COUNTY, TEXAS (in her official capacity)

(b) County of Residence of First Listed County of Residence of First Listed Dallas Counn:: (EXCEPT IN U.S. PLAINTIFF CASES) (IN U.S. PLAINTIFF CASES ONLY) NOTE: IN LAND CONDEMNATION CASES, USE THE LOCATION OF THE -"I LAND INVOLVED. _-~" n::n (c) Attorney's (Finn Name, Address, and Telephon~ Numb~ t.\.JL.1 V ~ A ~me~fO' 15:J9-N John R. Parker, Assistant United States Attome , u.s·l Attorney's Office, CV Third Floor, 1100 Commerce Street, Dallas, Tex s 75 I 42- SE\l \ 2 2001 , ." ~Q-r II. BASIS OF JURISDICTION (place an "X" ., OIC~~·S:,~ ~~II' lz:.~ IP OF PRINCIPAL P ARTIES(place an "X" in One Box for Plaintiff NORTH N 01 (For Diversity Cases Only) and One Box for Defendant) --- PTF DEF PTF DEF Xl U.S. Government o 3 Federal Question Citizen of This State o 1 01 Incorporated or Principal Place o 4 04 Plaintiff (U.S. Government Not a Party) of Business In This State

2 U.S. Government 04 Diversity Citizen of Another State 0 2 02 Incorporated and Principal Place 0 5 05 Defendant (Indicate Citizenship of Parties of Business In Another State in Item Ill) Citizen or Subject of a o 3 03 Foreign Nation o 6 06 Foreign Country IV. NATURE OF SUIT (Place an "X" in One Box Only) CONTRACT TORTS FORFEITUREIPENALTY BANKRUPTCY OTHER STATUTES 0 110 Insurance PERSONAL INJURY PERSONAL INJURY 0 610 Agriculture 0422 Appea128 USC 158 o 400 State Reapportiomnent 0 120 Marine 0 310 Airplane 0 362 Personal Injury- 0 620 Other Food & Drug o 410 Antitrust 0 130 Miller Act 0 315 Airplane Product Med. Malpractice 0 625 Drug Related Seizure 0423 Withdrawal o 430 Banks and Banking 0 140 Negotiable Instrument Liability 0 365 Personal Injury- of Property 21 USC 28 USC 157 o 450 CornmercelJCC Rates/etc. 0 150 Recovery of Overpayment 0 320 Assault, Libel & Product Liability 0 630 Liqnor Laws o 460 Deportation & Enforcement of Judgment Slander 0 368 Asbestos Personal 0 640 R.R. & Truck PROPERTY RIGHTS o 470 Racketeer Influenced and 0 151 Medicare Act 0 330 Federal Employers' hUury Product 650 Airline Regs. ConruptOrga~tions 0 0820 Copyrights 0 152 Recovery of Defaulted Liability Liability 660 Occupational 810 Selective Service 0 0830 Patent o Student Loans 0 340 Marine PERSONAL PROPERTY SafetylHealili 850 Secwities/Commodities/ 0840 Trademark o (Excl. Veterans) 0 345 Marine Product o 370 Oilier Fraud 0 690 Other Exchange 0 153 Recovery of Overpayment Liability o 371 Truth in Lending o 875 Customer Challenge 0 380 Oilier Personal of Veteran's Benefits 350 Motor Vehicle o LABOR SOCIAL SECURITY 12 USC 3410 0 160 Stockbolders' Suits 0 355 Motor Vehicle Property Damage o 891 Agricultnral Acts 0 710 Fair Labor Standards 0861 InA (1395ft) 0 190 Oilier Contract Product Liability 0 385 Property Damage 892 Economic Stabilization Act 0862 Black Lung (923) o 0 195 Contract Product Liability 0 360 Oilier Personal Injury Product Liability Act 893 Enviromnental Matters 0863 DIWCIDIWW (405(g» o 0 720 LaborlMgmt. Relations 894 Energy Allocation Act 0864 SSID Title XVI o REAL PROPERTY CIVIL RIGHTS PRISONER PETITIONS 895 Freedom of 730 LaborlMgmtReporting 0865 RSI (405(g» o 0 Infonnation Act 0 210 Land Condenmation 0 441 Voting 510 Motions to Vacate 0 & Disclosnre Act 900 Appeal of Fee 0 220 Foreclosnre 0 442 Employment Sentence 740 Railway Labor Act FEDERAL TAX SUITS o 0 Detennination Under Equal 0 230 Rent Lease & Ejectment 0 443 Housing! Habeas Corpus: 0170 Taxes (U.S. Plaintiff Access to Justice 0 240 Torts to Land Acconuoodations 0 530 General 790 Oilier Labor Litigation 0 or Defendant) 950 Constitntionality of 0 245 Tort Product Liability 0 444 Welfare 0 535 Deaili Penalty o State Statutes 0 290 All Oilier Real Property X 440 Oilier Civil Rights 0 540 Mandamus & Oilier 791 EmpJ. Ret Inc. 0 0171 IRS-Third Party o 890 Oilier Statntory Actions 0 550 Civil Rights Secwity Act 26 USC 7609 0 555 Prison Condition (PLACE AN "X" IN ONE BOX ONLY) V. ORIGIN Transferred from Appeal to District another district Judge from X 1 Original 2 Removed from 0 3 Remanded from 0 4 Reinstated or 0 5 (specify) o 6 Multidistrict o 7 Magistrate Proceeding State Court Appellate Court Reopened Litigation Judgment VI CAUSE OF ACTION (Cite the l!'s: C~vi~ S~tnte under which yo~ are. filing aud write brief statement of cause. • Do not CIte JW1SdictlOnal statntes unless diversIty.) 42 U.S.C. § 1997 Violations ofilie Civil Rights ofinstitntionalized Persons Act of 1980 at ilie Dallas County Jail

VII. REQUESTED IN o CHECK IF THIS IS A CLASS ACTION DEMANDS CHECK YES only if demanded in complaint: COMPLAINT: UNDER F.R.C.P. 23 JURy DEMAND: 0 Yes X No (See VIII. RELATED CASE(S) instructions): IF DOCKET NUMBER DATE o.