Availability of a Private Cause of Action To Remedy a Violation of the Jail Removal Provision of the Juvenile Justice and Delinquency Prevention Act - A Review and Analysis

• NCJ Number: 101607
• Author(s): P Plant; B Kushner
• Date Published: 1985
• Length: 22 pages
• Sponsoring Agency: Wisconsin Council on Criminal Justice
• Corporate Author: Youth Policy and Law Ctr
• Sale Source: National Institute of Justice/; NCJRS Photocopy Services
• Publication Type: Legislation/Policy Analysis
• Language: English
• Country: United States of America
• Note: The original version of this paper entitled 'Liability for Non-Compliance with the JJDPA's Jail Removal Mandate' was authored by Blanche Kushner. That paper was expanded and revised by Peter Plant.

Annotation

Under the Juvenile Justice and Delinquency and Prevention Act (JJDP), States' failure to comply with a clause requiring the removal of all juveniles from adult facilities could result in termination of formula grant funds.

Abstract

Recent U.S. Supreme Court decisions, however, have held that Federal statutes which are primarily concerned with funding and which do not expressly authorize a private cause of action by an aggrieved party for deprivation caused by a violation of the statute may be construed implicitly to provide such a remedy. An analysis of the jail removal clause indicates that it meets the six criteria put forth by the Court for determination of the existence of an implied cause of action. The jail removal provision was enacted for the benefit of a special class (i.e., juveniles subject to incarceration). There is no indication of any congressional intent to deny a private cause of action, and the implication of a private remedy would be consistent with the stated purpose of the JJDP. The area of juvenile justice is a basic concern of both State and Federal governments. There is no evidence in the JJDP that termination of funding was intended to be an exclusive remedy. Finally, the legislative history of the act and the language of the jail removal provision are indicative of a congressional intent to establish an enforceable right. 58 footnotes.