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Case: Inmates of Suffolk County Jail v. Rufo

1:71-cv-00162 | U.S. District Court for the District of Massachusetts

Filed Date: Jan. 20, 1971

Closed Date: Sept. 30, 1999

Clearinghouse coding complete

Case Summary

In 1971, incarcerated individuals of the Suffolk County Jail (also known as the Charles Street Jail) in Boston, Massachusetts filed a lawsuit under 42 U.S.C. § 1983 action against the Sheriff of Suffolk County, the Commissioner of Correction for the Commonwealth of Massachusetts, the Mayor of Boston, and several City Councilors. After the parties agreed to a partial judgment and the court held a short trial on the merits, the U.S. District Court for the District of Massachusetts (Judge W. Arth…

In 1971, incarcerated individuals of the Suffolk County Jail (also known as the Charles Street Jail) in Boston, Massachusetts filed a lawsuit under 42 U.S.C. § 1983 action against the Sheriff of Suffolk County, the Commissioner of Correction for the Commonwealth of Massachusetts, the Mayor of Boston, and several City Councilors. After the parties agreed to a partial judgment and the court held a short trial on the merits, the U.S. District Court for the District of Massachusetts (Judge W. Arthur Garrity) entered an injunction that ordered defendants to stop double-bunking, to construct a new jail by 1976, to provide physical examinations of individuals upon intake, to provide individuals with personal hygiene items, to allow incarcerated people free time out of cells, not to open their mail, and to increase visitation and telephone access. Inmates of Suffolk Co. Jail v. Eisenstadt, 360 F. Supp. 676 (D. Mass. 1973). The defendants appealed, and the First Circuit affirmed, Inmates of Suffolk Co. Jail v. Eisenstadt, 494 F.2d 1196 (1st Cir. 1974), and the Supreme Court denied certiorari. Hall v. Inmates of Suffolk Co. Jail, 419 U.S. 977 (1974). Defendants were unable to complete construction of the new jail by the ordered date, and just days before the order called for the closing of the old jail, the parties negotiated a settlement, which became a formal consent decree in 1979.

While the opening of the new jail was pending in 1990, the Sheriff moved to modify a consent decree so that the cells in the new prison, which were designed for single occupancy, could house two people at a time. The district court (Judge Robert Keeton) denied the defendant's motion. Inmates of Suffolk Co. Jail v. Kearney, 734 F. Supp. 561 (D. Mass. 1990). The First Circuit affirmed in a per curium opinion. Inmates of Suffolk Co. Jail v. Kearney, 915 F.2d 1557 (1st Cir. 1990). The Supreme Court granted the defendant's writ of certiorari, vacated, and remanded the decision for reconsideration. After losing several appeals, the defendant revised his motion to modify the consent decree, and the district court modified the decree to allow alteration of up to 100 cells to permit double occupancy. Inmates of Suffolk Co. Jail v. Rufo, 844 F. Supp. 31 (D. Mass. 1994).

In 1996, the sheriff moved to terminate all prospective relief pursuant to the Prison Litigation Reform Act (PLRA), and the commissioner moved to vacate the consent decree. The district court granted the sheriff's motion in part and denied the commissioner's motion. Inmates of Suffolk Co. Jail v. Sheriff of Suffolk Co., 952 F. Supp. 869 (D. Mass. 1997). The First Circuit affirmed most of the decision but directed the district court to terminate the consent decree and enter a modified judgment. Inmates of Suffolk Co. Jail v. Rouse, 129 F.3d 649 (1st Cir. 1997). In 1998, the Supreme Court denied plaintiffs' petition for certiorari, Inmates of Suffolk Co. Jail v. Rouse, 524 U.S. 951 (1998), and later denied plaintiffs' petition for rehearing. Inmates of Suffolk Co. Jail v. Rouse, 524 U.S. 970 (1998).

According to the docket from PACER, litigation continued concerning attorney's fees, and in 1999, the district court closed the case.

Summary Authors

Lauren Cutson (5/26/2005)

People

For PACER's information on parties and their attrorneys, see: https://www.courtlistener.com/docket/5144336/parties/inmates-suffolk-cty-v-rufo/


Judge(s)

Breyer, Stephen Gerald (District of Columbia)

Caffrey, Andrew Augustine (Massachusetts)

Campbell, Levin Hicks (Massachusetts)

Garrity, Wendell Arthur Jr. (Massachusetts)

Keeton, Robert Ernest (Massachusetts)

Selya, Bruce Marshall (Rhode Island)

Torruella, Juan R. (Puerto Rico)

White, Byron Raymond (District of Columbia)

Attorneys(s) for Plaintiff

Bass, Stanley A. (New York)

Clarey, Richard D. (Massachusetts)

Judge(s)

Breyer, Stephen Gerald (District of Columbia)

Caffrey, Andrew Augustine (Massachusetts)

Campbell, Levin Hicks (Massachusetts)

Garrity, Wendell Arthur Jr. (Massachusetts)

Keeton, Robert Ernest (Massachusetts)

Selya, Bruce Marshall (Rhode Island)

Torruella, Juan R. (Puerto Rico)

White, Byron Raymond (District of Columbia)

Attorneys(s) for Plaintiff

Bass, Stanley A. (New York)

Clarey, Richard D. (Massachusetts)

Foster, Walter M. (Massachusetts)

Herwig, Barbara L. (District of Columbia)

Hoyle, John C. (District of Columbia)

Hunger, Frank W. (District of Columbia)

Loeb, Robert Mark (District of Columbia)

Montgomery, John T. (Massachusetts)

Weissberg, Lynn G. (Massachusetts)

Williams, John T. (Massachusetts)

Attorneys(s) for Defendant

Ball, Lawrence J. (Massachusetts)

Bartlett, Robyn Jean (Massachusetts)

Bean, Thomas O. (Massachusetts)

Ditchfield, Holly A. (Massachusetts)

Feinberg, Matthew (Massachusetts)

Hanify, John D. (Massachusetts)

Harshbarger, Scott (Massachusetts)

Janiak, Chester Anthony (Massachusetts)

Kane, Owen P. (Massachusetts)

Keating, Kevin M. (Massachusetts)

Mayo, Walter H. III (Massachusetts)

Moloney, Kevin F. (Massachusetts)

O'Malley, Terence P. (Massachusetts)

Quinn, Robert H. (Massachusetts)

Stanzler, Paul E. (Massachusetts)

Stern, Max D. (Massachusetts)

Wilkins, Douglas H. (Massachusetts)

Other Attorney(s)

Laramore, Jon (Massachusetts)

Schacter, Jane S. (Massachusetts)

Shannon, James M. (Massachusetts)

Simonoff, Mark (Massachusetts)

Expert/Monitor/Master

Camelio, Augustus J. (Massachusetts)

Documents in the Clearinghouse

Document

1:71-cv-00162

Docket [PACER]

Inmates of Suffolk County v. Rufo

Sept. 30, 1999

Sept. 30, 1999

Docket

1:71-cv-00162

Reported opinion

Inmates of Suffolk County Jail v. Eisenstadt

June 20, 1973

June 20, 1973

Order/Opinion

73-01377

Opinion

Inmates of the Suffolk County Jail v. Eisenstadt

U. S. Court of Appeals for the First Circuit

April 8, 1974

April 8, 1974

Order/Opinion

73-01992

Memorandum Decision

Hall v. Inmates of the Suffolk County Jail

Supreme Court of the United States

Oct. 29, 1974

Oct. 29, 1974

Order/Opinion

1:71-cv-00162

Memorandum and Order

Inmates of Suffolk County Jail v. Kearney

April 9, 1990

April 9, 1990

Order/Opinion

90-01440

90-01569

Opinion

Inmates of Suffolk County Jail v. Kearney

U. S. Court of Appeals for the First Circuit

Sept. 20, 1990

Sept. 20, 1990

Order/Opinion

90-00954

90-01004

Memorandum Decision

Rufo v. Inmates of the Suffolk County Jail

Supreme Court of the United States

Feb. 19, 1991

Feb. 19, 1991

Order/Opinion

90-01858

Reported opinion

Inmates of Suffolk County Jail v. Kearney

U. S. Court of Appeals for the First Circuit

March 21, 1991

March 21, 1991

Order/Opinion

90-00954

90-01004

Reported Opinion

Supreme Court of the United States

Jan. 15, 1992

Jan. 15, 1992

Order/Opinion
174

1:71-cv-00162

Memorandum

Inmates of Suffolk County Jail v. Kearney

April 9, 1992

April 9, 1992

Order/Opinion

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/5144336/inmates-suffolk-cty-v-rufo/

Last updated Sept. 8, 2022, 3:01 a.m.

ECF Number Description Date Link Date / Link
153

P's ninth application for an award of attny's fees and costs, filed (fmr) (Entered: 03/11/1991)

March 6, 1991

March 6, 1991

154

Affidavit of Dennis Shedd in support of remark (fmr) (Entered: 03/11/1991)

March 6, 1991

March 6, 1991

155

Affidavit of Max D. Stern in support of remark, filed (fmr) (Entered: 03/11/1991)

March 6, 1991

March 6, 1991

156

Affidavit of Lynn Weissberg in support of remark, filed (fmr) (Entered: 03/11/1991)

March 6, 1991

March 6, 1991

157

Statement of Legal Services performed by Max D. Stern, filed (fmr) (Entered: 03/11/1991)

March 6, 1991

March 6, 1991

158

Statement of services performed by Law students, filed (fmr) (Entered: 03/11/1991)

March 6, 1991

March 6, 1991

159

Statment of Legal Services performed by Lynn Weissberg, filed (fmr) (Entered: 03/11/1991)

March 6, 1991

March 6, 1991

160

Costs filed (fmr) (Entered: 03/11/1991)

March 6, 1991

March 6, 1991

161

Statement of legal services performed by Dennis Shedd, filed (fmr) (Entered: 03/11/1991)

March 6, 1991

March 6, 1991

162

Judge Robert E. Keeton . Consent Order on P's ninth application for an interim of attnorney's fees and costs, filed (fmr) (Entered: 03/11/1991)

March 7, 1991

March 7, 1991

164

ERRATA SHEET form Court of Appeals, filed (fmr) (Entered: 03/29/1991)

March 21, 1991

March 21, 1991

165

Court of Appeals Judgment- The district Court is AFFIRMED, ENTERED, cc/cl (fmr) (Entered: 04/19/1991)

April 12, 1991

April 12, 1991

166

Copy of letter dated 7/11/91 to Francis P. Scigliano, Clerk for the USCA for the first circuit from the Supreme Court of the United States. "Certorari was granted in the above stated case on 2/19/91...you are requested to certify and transmit immediatley the record to this office. If your court is not in the possesion of the lower court record, you may request that court to transmit its record directly to this office." received. (fmr) Modified on 07/15/1991 (Entered: 07/15/1991)

July 15, 1991

July 15, 1991

Certified copy of docket and record on appeal forwarded to the Supreme Court of the United States as per request of letter dated 7/11/91. (fmr) (Entered: 07/16/1991)

July 16, 1991

July 16, 1991

167

Judge Robert E. Keeton . Clerk's Notes:, Colloquy Conf. re: Supreme Court reversing this court and how to proceed. Mandate expected to issue 2/9/92 set status conference for 3:30 2/14/92 If Mandate has not been issued conf will be moved (fmr) (Entered: 01/24/1992)

Jan. 21, 1992

Jan. 21, 1992

Status conference held (fmr) (Entered: 01/24/1992)

Jan. 21, 1992

Jan. 21, 1992

168

Letter to the clerk from Walter M. Foster confirming the postponement of the hearing from 2/14/92 to 3/4/92 at 4:00 FILED cc/oppos/cl (fmr) (Entered: 02/19/1992)

Feb. 13, 1992

Feb. 13, 1992

169

Mandate of USCA, "The judgment of the district court is vacated and the cause is remanded to the district court for further proceedings consistent with the opinion of the Supreme Court." Filed. (fmr) (Entered: 03/06/1992)

March 6, 1992

March 6, 1992

170

Memorandum by Stephen Gordon, Julio Gonzalez, Carlos Manuel Lopez, Rogelio Santiago in opposition to Defendant Sherriff's request for reassignment FILED (fmr) (Entered: 03/31/1992)

March 31, 1992

March 31, 1992

171

Memorandum of law of the Sheriff of Suffolk County regarding application of Local Rule 40.1 (i) (re: redrawing the case) (fmr) (Entered: 03/31/1992)

March 31, 1992

March 31, 1992

172

Judge Robert E. Keeton. Clerk's Notes: Status conference (rptr - Willette): Colloquy re: Local rules relating to retention of case by Judge Keeton. Judge Keeton finds that there will be a substantial savings of time if he retains the case and also that there is no reason why if the furthering of justice that he should not retain the case. Hearing date set for July 6, l992 at 3:30 p.m. with a backup date of October l3, l992 at 3:30 p.m. was designated. Court will defer filing Order until at least Thursday to give parties chance to submit agreement as to whether or not they agree case should be transferred to Judge Garrity. Schedling Order: all discovery must be completed by Friday, June l2, l992; respective proposed findings of fact must be served to each party no later than June 22, l992; proposed findings of facts with comments by opposing party must be filed with court no later than June 26, l992. Briefs must be submitted by June 26, l992; Reply briefs due by July 2nd, l992, filed. (fmr) (Entered: 04/02/1992)

March 31, 1992

March 31, 1992

Status conference held (fmr) (Entered: 04/02/1992)

March 31, 1992

March 31, 1992

175

Proposed Consent Order on Plaintiff's tenth application for an interim award of attorney's fees and costs FILED (fmr) (Entered: 04/15/1992)

April 8, 1992

April 8, 1992

176

Plaintiff's tenth applaication for an award of attorney's fees and costs FILED (fmr) (Entered: 04/15/1992)

April 8, 1992

April 8, 1992

177

Affidavit of Max D. Stern FILED (fmr) (Entered: 04/15/1992)

April 8, 1992

April 8, 1992

178

Statement of legal services performed by Max D. Stern FILED (fmr) (Entered: 04/15/1992)

April 8, 1992

April 8, 1992

179

Affidavit of Lynn Weissberg FILED (fmr) (Entered: 04/15/1992)

April 8, 1992

April 8, 1992

180

Statement of legal services performed by Lynn Weisberg FILED (fmr) (Entered: 04/15/1992)

April 8, 1992

April 8, 1992

181

Statement of services performed by law students FILED (fmr) (Entered: 04/15/1992)

April 8, 1992

April 8, 1992

182

Affidavit of Dennis Shedd FILED (fmr) (Entered: 04/15/1992)

April 8, 1992

April 8, 1992

183

Statement of legal services performed by Dennis Shedd FILED (fmr) (Entered: 04/15/1992)

April 8, 1992

April 8, 1992

184

Statement of Costs FILED (fmr) (Entered: 04/15/1992)

April 8, 1992

April 8, 1992

174

Judge Robert E. Keeton . Memorandum ISSUED. "...there is no reason why, in the interest of justice, further proceedings should be conducted before another judge." (fmr) (Entered: 04/10/1992)

April 9, 1992

April 9, 1992

185

Motion by Mass., Commonwealth, Corrections, Commiss, Dennis J Kearney to vacate [162-1] order Consent Decree filed c/s(sad) Modified on 03/10/1993 (Entered: 04/17/1992)

April 9, 1992

April 9, 1992

186

Memorandum by Stephen Gordon, Julio Gonzalez, Carlos Manuel Lopez, Rogelio Santiago, Inmates of Suffolk in opposition to [185-1] motion to vacate [162-1] order Consent Decree (fmr) (Entered: 05/06/1992)

April 16, 1992

April 16, 1992

245

Memorandum by Inmates of Suffolk, Stephen Gordon, Julio Gonzalez, Carlos Manuel Lopez, Rogelio Santiago in opposition to [173-1] motion to modify consent decree of 8/30/90 (fmr) (Entered: 03/24/1993)

April 16, 1992

April 16, 1992

Judge Robert E. Keeton . Endorsed Order granting [175-1] Plaintiff's Tenth application for an interim award of attorneys fees and costs (fmr) (Entered: 04/21/1992)

April 16, 1992

April 16, 1992

Record on appeal returned from Supreme Court of the United States this date (fmr) (Entered: 04/27/1992)

April 27, 1992

April 27, 1992

187

Motion by Stephen Gordon, Julio Gonzalez, Carlos Manuel Lopez, Rogelio Santiago to extend time for discovery to 9/11/92, motion hearing to 10/13/92 FILED c/s (fmr) (Entered: 06/05/1992)

June 2, 1992

June 2, 1992

188

Judge Robert E. Keeton. Clerk's Notes: Hrg on Mtn (Rptr: Willette) Ds do not oppose extension of time for discovery, but prefer shorter extension than requested. Ct grants [187-1] motion to extend time for discovery to 7/31/92, motion hearing to 9/14/92, reset status conference for 9/14/92, reset discovery due for 7/31/92 . Backup date for conference remains in October. Sheriff to serve proposed findings of fact and memorandum on Aug. 12. Commissioner will serve on Aug. 24. Plaintiffs to serve on Sept. 9. Testimony to be by affidavit unless live testimony necessary. Plaintiffs to file marked findings of both defendants on Aug. 28. Defendants to file marked findings of plaintiffs on Sept. 11. Memoranda of law to be filed with court when proposed findings are served. (fmr) (Entered: 06/16/1992)

June 8, 1992

June 8, 1992

189

Joint motion by Stephen Gordon, Julio Gonzalez, Carlos Manuel Lopez, Rogelio Santiago, Mass., Commonwealth, Corrections, Commiss, Inmates of Suffolk, Dennis J Kearney for protective order FILED (fmr) (Entered: 07/06/1992)

June 26, 1992

June 26, 1992

190

Judge Robert E. Keeton . Order ISSUED granting [189-1] joint motion for protective order (fmr) (Entered: 07/06/1992)

June 26, 1992

June 26, 1992

191

Joint motion by Stephen Gordon, Julio Gonzalez, Carlos Manuel Lopez, Rogelio Santiago, Mass., Commonwealth, Corrections, Commiss, Inmates of Suffolk, Dennis J Kearney to continue hearing 10/13/92 FILED (fmr) (Entered: 08/06/1992)

Aug. 5, 1992

Aug. 5, 1992

Judge Robert E. Keeton . Endorsed Order granting [191-1] joint motion to continue hearing 10/13/92, set status conference for 3:30 10/13/92 (fmr) (Entered: 08/06/1992)

Aug. 5, 1992

Aug. 5, 1992

195

Memorandum by Mass., Commonwealth in support of [173-1] motion to modify consent decree of 8/30/90 (fmr) (Entered: 10/22/1992)

Aug. 22, 1992

Aug. 22, 1992

192

Judge Robert E. Keeton . Clerk's Notes:, reset status conference for 9:00 12/14/92 The Ct.has set aside Dec.14,15,16, for the hearing, and will try to keep the full days open.... (sad) (Entered: 09/17/1992)

Sept. 10, 1992

Sept. 10, 1992

Status conference held Amending briefing schedule...... (sad) (Entered: 09/17/1992)

Sept. 10, 1992

Sept. 10, 1992

193

Joint motion by Dennis J Kearney, Inmates of Suffolk, Stephen Gordon, Julio Gonzalez, Carlos Manuel Lopez, Rogelio Santiago, Mass., Commonwealth, Corrections, Commiss to extend briefing schedule FILED (fmr) (Entered: 10/15/1992)

Oct. 15, 1992

Oct. 15, 1992

Judge Robert E. Keeton . Endorsed Order granting [193-1] joint motion to extend briefing schedule for D's briefs until 10/21/92 (fmr) (Entered: 10/19/1992)

Oct. 16, 1992

Oct. 16, 1992

194

Motion by Mass., Commonwealth for leave to file memo in excess of 20 pgs FILED c/s (fmr) (Entered: 10/22/1992)

Oct. 22, 1992

Oct. 22, 1992

197

APPENDIX II to D's memorandum in support of motion to modify consent decree FILED (fmr) (Entered: 10/22/1992)

Oct. 22, 1992

Oct. 22, 1992

Judge Robert E. Keeton . Endorsed Order granting [194-1] motion for leave to file memo in excess of 20 pgs (fmr) (Entered: 10/22/1992)

Oct. 22, 1992

Oct. 22, 1992

198

Motion by Mass., Commonwealth to strike certain expert witnesses designated by the plaintiff FILED c/s (fmr) (Entered: 11/03/1992)

Nov. 3, 1992

Nov. 3, 1992

199

Memorandum by Mass., Commonwealth in support of [198-1] motion to strike certain expert witnesses designated by the plaintiff (fmr) (Entered: 11/03/1992)

Nov. 3, 1992

Nov. 3, 1992

200

Commissioner of Corrections memorandum in support of [185-1] motion to vacate [162-1] order Consent Decree (fmr) (Entered: 11/09/1992)

Nov. 6, 1992

Nov. 6, 1992

201

Motion by Commissioner of Correction to decertify class or to certify subclass FILED c/s (fmr) (Entered: 11/09/1992)

Nov. 6, 1992

Nov. 6, 1992

202

Affidavit of John Messervy FILED (fmr) (Entered: 11/09/1992)

Nov. 6, 1992

Nov. 6, 1992

203

Affidavit of Larry E. DuBois FILED (fmr) (Entered: 11/09/1992)

Nov. 6, 1992

Nov. 6, 1992

204

Judge Robert E. Keeton . Clerk's Notes (Reptr. Willette): denying [198-1] motion to strike certain expert witnesses designated by the plaintiff. Colloquy re: the nature of the proceeding as it may bear of the relevance of expert witnesses. Court asks D if they wish to press motion (D asks leave to depose P's experts. P does not object) Court allows the motion for expedited hearing. D makes oral motion to change name of defendant from Kearney to Robert Rufo. No objection. Court allows. Clerk and parties directed to change the caption accordingly. set pretrial conference for 4:00 12/3/92 (fmr) (Entered: 11/09/1992)

Nov. 6, 1992

Nov. 6, 1992

Status conference held (fmr) (Entered: 11/09/1992)

Nov. 6, 1992

Nov. 6, 1992

205

Letter to the clerk from Atty. Max Stern "In view of the timing, please accept the enclosed copy of our letter of October 26, 1992, to counsel for the Sheriff, in lieu of our response to the Sheriff's motion to strike..." FILED (fmr) (Entered: 11/09/1992)

Nov. 9, 1992

Nov. 9, 1992

206

Memorandum by Inmates of Suffolk in opposition to [201-1] motion to decertify class or to certify subclass (fmr) (Entered: 11/23/1992)

Nov. 19, 1992

Nov. 19, 1992

212

STIPULATION by Dennis J Kearney, Inmates of Suffolk, Stephen Gordon, Julio Gonzalez, Carlos Manuel Lopez, Rogelio Santiago, Mass., Commonwealth, Corrections, Commiss, Robert Rufo, to extend briefing schedule FILED (fmr) (Entered: 11/30/1992)

Nov. 19, 1992

Nov. 19, 1992

207

Transcript FILED of Hearing on Motions held 11/6/92 before Judge Keeton (Reptr. Willette) (fmr) (Entered: 11/25/1992)

Nov. 24, 1992

Nov. 24, 1992

208

Motion by Inmates of Suffolk for leave to file memo in excess of 20 pgs FILED c/s (fmr) (Entered: 11/30/1992)

Nov. 25, 1992

Nov. 25, 1992

210

Memorandum by Inmates of Suffolk in opposition to [201-1] motion to decertify class or to certify subclass (fmr) (Entered: 11/30/1992)

Nov. 25, 1992

Nov. 25, 1992

211

P's appendix to memorandum in opposition to motion to decertify (fmr) (Entered: 11/30/1992)

Nov. 25, 1992

Nov. 25, 1992

Judge Robert E. Keeton . Endorsed Order granting [209-1] motion for leave to file brief one day late (fmr) (Entered: 11/30/1992)

Nov. 25, 1992

Nov. 25, 1992

Judge Robert E. Keeton . Endorsed Order granting [208-1] motion for leave to file memo in excess of 20 pgs (fmr) (Entered: 11/30/1992)

Nov. 25, 1992

Nov. 25, 1992

213

P's MARKED VERSION of D's request for findings of fact and rulings of law FILED (fmr) Modified on 12/02/1992 (Entered: 12/02/1992)

Dec. 1, 1992

Dec. 1, 1992

214

P's MARKED VERSION of P's Proposed Findings of fact and conclusions of law (fmr) (Entered: 12/02/1992)

Dec. 1, 1992

Dec. 1, 1992

215

Affidavit of Thomas Bennett, M.D. FILED (fmr) (Entered: 12/02/1992)

Dec. 1, 1992

Dec. 1, 1992

216

Letter to the clerk from Atty. Walter Foster, "Enclosed please find a copy of the First Circuit Record Appendix." FILED cc/oppos/cl (fmr) (Entered: 12/03/1992)

Dec. 1, 1992

Dec. 1, 1992

217

Memorandum by Inmates of Suffolk, Stephen Gordon, Julio Gonzalez, Carlos Manuel Lopez, Rogelio Santiago in opposition to [201-1] motion to decertify class or to certify subclass (fmr) (Entered: 12/03/1992)

Dec. 2, 1992

Dec. 2, 1992

218

Proposed Findings of fact and conclusions of law by Inmates of Suffolk, Stephen Gordon, Julio Gonzalez, Carlos Manuel Lopez, Rogelio Santiago (fmr) (Entered: 12/03/1992)

Dec. 2, 1992

Dec. 2, 1992

219

Judge Robert E. Keeton . Clerk's Notes (Reptr. Willette): Colloquy re: readiness for trial. D does not propose to call any live witnesses. P plans to call one, maybe two. (P would like to reserve the right to call Sheriff as cross-exam witness.) Court allows P to call Dr. Safire, D will get equal time for cross-examination. If P decides to call Rufo, he should notify the defendants, and then notify the court on the 14th. (fmr) (Entered: 12/08/1992)

Dec. 3, 1992

Dec. 3, 1992

Pre-trial conference held (fmr) (Entered: 12/08/1992)

Dec. 3, 1992

Dec. 3, 1992

220

Motion by Robert Rufo for leave to file brief in excess of 20 pgs FILED assented to (fmr) (Entered: 12/10/1992)

Dec. 9, 1992

Dec. 9, 1992

221

Plaintiff's Proposed Findings of fact and conclusions of law MARKED UP by Defendant Robert Rufo (fmr) (Entered: 12/10/1992)

Dec. 9, 1992

Dec. 9, 1992

222

Reply memorandum by Robert Rufo in support of [173-1] motion to modify consent decree of 8/30/90 (fmr) (Entered: 12/10/1992)

Dec. 9, 1992

Dec. 9, 1992

Judge Robert E. Keeton . Endorsed Order granting [220-1] motion for leave to file brief in excess of 20 pgs (fmr) (Entered: 12/10/1992)

Dec. 9, 1992

Dec. 9, 1992

223

Reply by Corrections, Commiss to response to [185-1] motion to vacate [162-1] order Consent Decree (fmr) (Entered: 12/14/1992)

Dec. 11, 1992

Dec. 11, 1992

229

Judge Robert E. Keeton . Clerk's Notes: (Reptr. Gibson) Non-jury trial Day 1. P calls Dr. Safjer, and Sheriff Rufo. D calls Dr. Bennet. Colloquy re: scheduling of oral argument, Tuesday 1/12/93 at 1:15 p.m. All submissions should be filed by noon, 1/8/93. Order of argument: Sheriff Rufo, Inmates, Sheriff, AG, Inmates. (fmr) (Entered: 01/14/1993)

Dec. 14, 1992

Dec. 14, 1992

Non jury trial held. (vah) (Entered: 09/23/1994)

Dec. 14, 1992

Dec. 14, 1992

224

Appendix III (appendix of affidavits and documents filed in support of motion of Sheriff of Suffolk County for modification of consent decree) FILED (fmr) (Entered: 01/04/1993)

Dec. 30, 1992

Dec. 30, 1992

225

Transcript FILED of hearing held 12/14/92 before Judge Robert E. Keeton (Reptr. Gibson) (fmr) (Entered: 01/04/1993)

Jan. 4, 1993

Jan. 4, 1993

226

Original Affidavit of Joel A. Dvoskin FILED (fmr) (Entered: 01/08/1993)

Jan. 6, 1993

Jan. 6, 1993

227

Reply Memorandum by Inmates of Suffolk, Stephen Gordon, Julio Gonzalez, Carlos Manuel Lopez, Rogelio Santiago FILED c/s (fmr) (Entered: 01/08/1993)

Jan. 8, 1993

Jan. 8, 1993

228

Transcript FILED of status conference held before Judge Keeton on 3/31/92 (Reptr. Willette) (fmr) (Entered: 01/11/1993)

Jan. 11, 1993

Jan. 11, 1993

230

Judge Robert E. Keeton . Clerk's Notes: (Reptr. Gibson) D offers court copies f charts already in evidence, in aide of court. (Court will await final submissions of parties to mark these charts) D objects to P's anticipated proffer of evidence. Court will hear proffer first. P explains. Court will allow P opportunity to make offer and D to respond, before making final determination. P and D'c closing arguments. Court will await parties submissions, per schedule. (fmr) (Entered: 01/14/1993)

Jan. 12, 1993

Jan. 12, 1993

Non Jury trial held, day two. (vah) (Entered: 09/23/1994)

Jan. 12, 1993

Jan. 12, 1993

231

Affidavit of Robert L. Pouliot FILED (fmr) (Entered: 01/27/1993)

Jan. 27, 1993

Jan. 27, 1993

240

Letter to the clerk from Atty. Chester Janiak enclosing a proposed form of order FILED (fmr) (Entered: 02/23/1993)

Feb. 1, 1993

Feb. 1, 1993

241

Affidavit by Robert Rufo FILED (fmr) (Entered: 02/23/1993)

Feb. 1, 1993

Feb. 1, 1993

232

Commissioner of Correction's objection to Sheriff's draft order FILED (fmr) (Entered: 02/08/1993)

Feb. 8, 1993

Feb. 8, 1993

233

Fourth Affidavit by Robert Rufo FILED (fmr) (Entered: 02/10/1993)

Feb. 10, 1993

Feb. 10, 1993

234

Letter to Atty. Lynn Weissberg enclosing a copy of Robert Rufo's Fourth Affidavit FILED (fmr) (Entered: 02/16/1993)

Feb. 16, 1993

Feb. 16, 1993

235

Motion by Mass., Commonwealth, Corrections, Commiss, Robert Rufo to extend time to respond to P's summary of count statistics for the jail populations FILED (assented-to) (fmr) (Entered: 02/19/1993)

Feb. 17, 1993

Feb. 17, 1993

236

STIPULATION by Dennis J Kearney, Inmates of Suffolk, Stephen Gordon, Julio Gonzalez, Carlos Manuel Lopez, Rogelio Santiago, Mass., Commonwealth, Corrections, Commiss, Robert Rufo, extending time to respond to Sheriff's proposed order to 2/19/93 (fmr) (Entered: 02/22/1993)

Feb. 17, 1993

Feb. 17, 1993

238

Motion by Inmates of Suffolk, Stephen Gordon, Julio Gonzalez, Carlos Manuel Lopez, Rogelio Santiago to supplement the record by filing the affidavit of Virginia Fleming FILED c/s (fmr) (Entered: 02/23/1993)

Feb. 22, 1993

Feb. 22, 1993

Case Details

State / Territory: Massachusetts

Case Type(s):

Jail Conditions

Key Dates

Filing Date: Jan. 20, 1971

Closing Date: Sept. 30, 1999

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Inmates of the Suffolk County Jail

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: No

Filed Pro Se: Unknown

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Suffolk County Jail (Suffolk), County

Case Details

Causes of Action:

42 U.S.C. § 1983

Constitutional Clause(s):

Due Process

Due Process: Substantive Due Process

Availably Documents:

Trial Court Docket

Any published opinion

U.S. Supreme Court merits opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Source of Relief:

Settlement

Litigation

Form of Settlement:

Court Approved Settlement or Consent Decree

Order Duration: 1971 - 1999

Issues

General:

Conditions of confinement

Mail

Phone

Recreation / Exercise

Sanitation / living conditions

Visiting

Crowding:

Crowding / caseload

Type of Facility:

Government-run