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LITIGATION AS AN INSTRUMENT FOR CHANGE IN JUVENILE DETENTION: A CASE STUDY

NCJ Number
146946
Journal
Journal for Juvenile Justice and Detention Services Volume: 8 Issue: 2 Dated: (Fall 1993) Pages: 72-83
Author(s)
M J Dale; C Sanniti
Date Published
1993
Length
12 pages
Annotation
This article profiles the case of Re G.C. v. Coler et al., a Federal class action civil rights case in Ft. Lauderdale that involved a complaint about juvenile detention conditions.
Abstract
This article describes the conditions in the facility when the lawsuit was filed and analyze the litigation process. It reviews the theories of the lawsuit, the initial discovery efforts, the antagonisms of the parties, and the mediated settlement process. It then discusses implementation of the settlement agreement and the evolving nonadversarial approach to correcting the major problem of overcrowding and quality of life in the institution. The authors analyze the lessons learned. They evaluate the litigation, settlement agreement, and implementation from the vantage point of those on the inside, including the agency and its employees, and those on the outside, the plaintiffs' counsel, the court, prosecutors, and public defenders. The article concludes with a discussion of why litigation should be used, albeit sparingly, as a prescription for change. It can be a catalyst for developing consensus and cooperative action to correct conditions in juvenile detention centers. 3 tables, 2 figures, and 20 references

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