Opinion
NO. 1:02CV261-JAD
May 21, 2003
FINAL JUDGMENT
In accordance with the Memorandum Opinion entered this date, the court orders and adjudges the following remedial action by the defendants to correct the Eighth Amendment violations identified in the court's opinion.
(1) If defendants wish to continue the practice of moving inmates from cell-to-cell in Unit 32-C, they will insure that the cell to which an inmate is moved is clean prior to the move. While an inmate should be required to keep his own cell clean, he should not be required to clean the cell of another inmate in order to inhabit it.
(2) Adequate cleaning supplies and equipment shall be provided inmates in order that they may clean their cells at least weekly.
(3) A general preventive maintenance schedule and program shall be reduced to writing within 60 days of this order.
(4) Defendants shall take the necessary measurements in the unit in order to determine the heat index on the individual tiers. These measurements shall be taken daily at 10:00 a.m., 1:00 p.m., 4:00 p.m., and 7:00 p.m. during the months of May through September and at 1:00 p.m. in all other months. If the heat index reaches 90 degrees or above, the defendants will insure that each cell is equipped with a fan, that ice water is available to each inmate, and that each inmate may take one shower during each day when the heat index is 90 degrees or above. As an alternative, the defendants may provide fans, ice water, and daily showers during the months of May through September. This remedy shall apply to all of Unit 32.
(5) The defendants shall continue their efforts at mosquito eradication and pest control. The defendants shall also insure that all cell windows are repaired and screened with 18 gauge window screen or better. This remedy shall apply to all of Unit 32.
(6) The defendants shall insure that the problem of "ping-pong" toilets in Unit 32 as a whole is addressed. The defendants shall provide to the court within 60 days the details of a plan to eradicate this problem. The court is not convinced that recalibration is sufficient, but will await the defendants' report on their plan.
(7) The defendants shall also upgrade the lighting in Unit 32 as a whole to provide lighting in each cell equal to 20 foot-candles.
(8) The defendants shall insure that the proper chemical agents are used at the laundry so that inmates' laundry is returned clean and without a foul smell.
(9) The defendants shall insure that the new vendor for medical services complies with the ACA and the National Commission on Correctional Healthcare medical and mental health standards. Each inmate on Death Row shall be given a comprehensive mental health examination in private. These comprehensive examinations shall be conducted on a yearly basis. Those inmates diagnosed with psychosis and severe mental health illnesses shall be housed separately and apart from all other inmates. The medication levels of all inmates receiving psychotropic medications shall be monitored and assessed in accordance with appropriate medical standards. All inmates receiving mental health counseling or evaluation shall meet with the mental health professionals in a private setting.
(10) The inmates on Unit 32-C shall continue to receive the opportunity to exercise as currently available. However, the inmates shall be given the opportunity to wear sneakers while exercising if they prefer rather than "flip-flops." A shaded area for exercise shall be provided with access to water.
By July 7, 2003, the defendants shall report their progress in meeting the remedial actions ordered by the court. The defendants shall also advise the court of any security problems raised by the remedial actions that the court may not have anticipated. The defendants are advised that monetary considerations will not be considered by the court as a legitimate reason for non-compliance. It is the duty of the State of Mississippi to meet these minimal standards of decency, health and well-being. The plaintiffs are granted until July 17, 2003, to respond to any matters raised by the defendants. The plaintiffs are awarded their reasonable attorneys' fees and expenses. The attorneys for plaintiffs shall file their request for fees in accordance with the local rules.