Case: Libby v. Marshall

1:83-cv-02281 | U.S. District Court for the District of Massachusetts

Filed Date: Aug. 4, 1983

Closed Date: 1992

Clearinghouse coding complete

Case Summary

On August 4, 1983, incarcerated individuals at the Norfolk County Jail in Massachusetts filed a lawsuit under 42 U.S.C. §1983 against Norfolk County in the U.S. District Court for the District of Massachusetts. The plaintiffs alleged that their constitutional rights had been violated by overcrowding at the jail.On January 17, 1984, the U.S. District Court for the District of Massachusetts (Judge Walter Skinner) held that overcrowding at the jail violated the plaintiffs' constitutional rights an…

On August 4, 1983, incarcerated individuals at the Norfolk County Jail in Massachusetts filed a lawsuit under 42 U.S.C. §1983 against Norfolk County in the U.S. District Court for the District of Massachusetts. The plaintiffs alleged that their constitutional rights had been violated by overcrowding at the jail.

On January 17, 1984, the U.S. District Court for the District of Massachusetts (Judge Walter Skinner) held that overcrowding at the jail violated the plaintiffs' constitutional rights and issued a preliminary injunction requiring that the population at the jail be capped at 143 prisoners. The population of the jail continued to exceed the population cap ordered by the court, and on April 29, 1986, the plaintiffs amended their complaint to include the Massachusetts Department of Corrections, Governor Michael Dukakis, and other representatives of the Commonwealth. The additional defendants were added in an effort to assert that the unconstitutional conditions at the jail could not be remedied without Commonwealth funds and to compel the Commonwealth to contribute. The Commonwealth officials asked the court to dismiss the lawsuit.

On November 26, 1986, the U.S. District Court for the District of Massachusetts (Judge Skinner) denied the defendants' motion to dismiss, holding that the Commonwealth officials were properly included as defendants and that the plaintiffs had stated a civil rights cause of action against them. Libby v. Marshall, 653 F.Supp. 359 (D.Mass. 1986). The defendants appealed.

On November 24, 1987, the U.S. Court of Appeals for the First Circuit (Judge Levin Campbell, Judge William Timbers, and Judge Stephen Breyer) affirmed the district court's ruling and dismissed the appeal. Libby v. Marshall, 833 F.2d 402 (1st Cir. 1987). We have no information on the order issued by the district court following the dismissal of the defendants' appeal.

On March 26, 1992, the defendants asked the court to dismiss the case, and on April 6, 1992, the U.S. District Court for the District of Massachusetts (Judge Skinner) closed the case. The plaintiffs asked the court to award them attorneys' fees, and on June 3, 1992, the court (Judge Skinner) awarded the plaintiffs $70,103.61 in attorneys' fees and costs. We have no further information on the proceedings in this case.

Summary Authors

Kristen Sagar (4/14/2006)

People


Judge(s)

Campbell, Levin Hicks (Massachusetts)

Skinner, Walter Jay (Massachusetts)

Attorneys(s) for Plaintiff

Wood, Pamela (Massachusetts)

Attorneys(s) for Defendant

Carr, William J. (Massachusetts)

Cashman, Henry (Massachusetts)

DeRensis, Paul R. (Massachusetts)

Goldberg, Steven H. (Massachusetts)

Hanson, Herbert (Massachusetts)

Littlefield, A. Stanley (Louisiana)

Shannon, James M. (Massachusetts)

Judge(s)

Campbell, Levin Hicks (Massachusetts)

Skinner, Walter Jay (Massachusetts)

Attorneys(s) for Plaintiff

Wood, Pamela (Massachusetts)

Attorneys(s) for Defendant

Carr, William J. (Massachusetts)

Cashman, Henry (Massachusetts)

DeRensis, Paul R. (Massachusetts)

Goldberg, Steven H. (Massachusetts)

Hanson, Herbert (Massachusetts)

Littlefield, A. Stanley (Louisiana)

Shannon, James M. (Massachusetts)

Valvo, Carl (Massachusetts)

Documents in the Clearinghouse

Document

1:83-cv-02281

Docket [PACER]

Sept. 23, 1994

Sept. 23, 1994

Docket

1:83-cv-02281

Memorandum and Order on State Defendants' Motion to Dismiss

653 F.Supp. 359, 1986 U.S.Dist.LEXIS 17186

Nov. 26, 1986

Nov. 26, 1986

Order/Opinion

87-01041

Opinion

U. S. Court of Appeals for the First Circuit

833 F.2d 402, 1987 U.S.App.LEXIS 15400

Nov. 24, 1987

Nov. 24, 1987

Order/Opinion

Resources

Docket

Last updated Aug. 5, 2022, 3:04 a.m.

ECF Number Description Date Link Date / Link
219

List of released inmates from Norfolk County House of Correction (eaf) (Entered: 01/14/1991)

Jan. 14, 1991

Jan. 14, 1991

Refer to Paper Docket for entries prior to January 1, 1991. (eaf) (Entered: 01/14/1991)

Jan. 14, 1991

Jan. 14, 1991

220

List of expenditures of Special Master for month of December l990. (eaf) (Entered: 02/07/1991)

Jan. 24, 1991

Jan. 24, 1991

221

List of released inmates from Norfolk County house of correction for the month of January, l991 (eaf) (Entered: 02/07/1991)

Feb. 5, 1991

Feb. 5, 1991

222

List of released inmates in April, l991 from Norfolk County House of Correction (eaf) (Entered: 05/08/1991)

May 8, 1991

May 8, 1991

223

List of expenditures submitted by Special Master for month of April 1991 (eaf) (Entered: 05/28/1991)

May 20, 1991

May 20, 1991

224

List of released inmates for month of May 1991 from Norfolk County House of Correction s (eaf) (Entered: 06/18/1991)

June 14, 1991

June 14, 1991

225

List of expenditures of Special Master for month of May 1991 (eaf) (Entered: 06/18/1991)

June 14, 1991

June 14, 1991

226

List of released inmates for month of June, l991 (eaf) (Entered: 07/15/1991)

July 10, 1991

July 10, 1991

227

List of expenditures of Special Master for month of June, l991 (eaf) (Entered: 08/05/1991)

Aug. 2, 1991

Aug. 2, 1991

228

List of released inmates from Norfolk County House of correction for month of July, l991 (eaf) (Entered: 08/12/1991)

Aug. 12, 1991

Aug. 12, 1991

229

list of expenditures for period of 7/1/91 to 7/31/91 of special master (eaf) (Entered: 08/28/1991)

Aug. 22, 1991

Aug. 22, 1991

230

List of expenditures of Special Master for month of Aug. 1991 (eaf) (Entered: 09/15/1991)

Sept. 13, 1991

Sept. 13, 1991

231

List of inmates released from Norfolk County House of Correction during Aug., l991 (eaf) (Entered: 09/17/1991)

Sept. 16, 1991

Sept. 16, 1991

232

List of released inmates from Norfolk County House of Correction for month of September, 1991 (eaf) (Entered: 10/06/1991)

Oct. 4, 1991

Oct. 4, 1991

233

List of Expenditures of Special Master for month of Sept. 1991 (eaf) (Entered: 10/28/1991)

Oct. 28, 1991

Oct. 28, 1991

234

List of released inmates for month of October 1991 (eaf) (Entered: 11/13/1991)

Nov. 12, 1991

Nov. 12, 1991

235

List of Special Expenditures of special master for month of October 1991 (eaf) (Entered: 11/22/1991)

Nov. 21, 1991

Nov. 21, 1991

236

List of expenditures of Special Master for month of Nov. 1991 (eaf) (Entered: 12/27/1991)

Dec. 18, 1991

Dec. 18, 1991

238

Motion by Clifford H Marshall to further amend previous order of reference (eaf) (Entered: 01/06/1992)

Jan. 2, 1992

Jan. 2, 1992

Judge Walter J. Skinner . Endorsed Order granting [238-1] motion to further amend previous order of reference (eaf) (Entered: 01/07/1992)

Jan. 7, 1992

Jan. 7, 1992

239

List of released inmates for month of December, l991 from Norfolk County House of Correction (eaf) (Entered: 01/10/1992)

Jan. 8, 1992

Jan. 8, 1992

240

List of released inmates from Norlfolk County House of Correction, filed (fmr) (Entered: 02/10/1992)

Feb. 6, 1992

Feb. 6, 1992

241

List of expenditures of Special Master for month of Jan., l992 (eaf) (Entered: 03/03/1992)

Feb. 18, 1992

Feb. 18, 1992

242

Notice of attorney appearance for Alvin J Yorra by Paul R. DeRensis (eaf) (Entered: 03/04/1992)

March 3, 1992

March 3, 1992

243

Notice of withdrawal of appearance of William Carr f (eaf) (Entered: 03/04/1992)

March 3, 1992

March 3, 1992

244

List of expenditures of Special Master for month of February 1992 (eaf) (Entered: 03/23/1992)

March 23, 1992

March 23, 1992

245

Motion by David Libby, Anthony Owens, Gerald Ditsch for dismissal (eaf) (Entered: 03/27/1992)

March 26, 1992

March 26, 1992

246

Motion by David Libby, Anthony Owens, Gerald Ditsch for attorney fees (eaf) (Entered: 03/27/1992)

March 26, 1992

March 26, 1992

247

Memorandum by David Libby, Anthony Owens, Gerald Ditsch in support of [246-1] motion for attorney fees (eaf) (Entered: 03/27/1992)

March 26, 1992

March 26, 1992

248

Affidavit of Douglas by David Libby Re: [246-1] motion for attorney fees (eaf) (Entered: 03/27/1992)

March 26, 1992

March 26, 1992

Judge Walter J. Skinner . Endorsed Order granting [245-1] motion for dismissal (eaf) (Entered: 04/06/1992)

April 1, 1992

April 1, 1992

Case closed (eaf) (Entered: 04/06/1992)

April 6, 1992

April 6, 1992

249

Motion by Corrections, Dept of to extend time to respond to pltf's motion for attys fees to 5/24/92 assented to (eaf) (Entered: 04/09/1992)

April 7, 1992

April 7, 1992

250

Memorandum by Norfolk, County of in opposition to [246-1] motion for attorney fees (eaf) (Entered: 04/09/1992)

April 9, 1992

April 9, 1992

251

Motion by Corrections, Dept of for leave to file opposition to pltfs' motion for attys' fees and costs two days latle (eaf) (Entered: 04/09/1992)

April 9, 1992

April 9, 1992

252

Response by Norfolk, County of in opposition to [246-1] motion for attorney fees (eaf) (Entered: 04/09/1992)

April 9, 1992

April 9, 1992

254

Response by Corrections, Dept of in partial opposition to [246-1] motion for attorney fees (eaf) (Entered: 05/04/1992)

May 4, 1992

May 4, 1992

255

Judge Walter J. Skinner . Order on Motion for Award of Fees, ENTERED."....I award the base fee of $60,149.70, plus a 10% premium of $6,014, plus disbursements and costs of $3,939.91, totalling $70,103.61, 70 % to be paid by Commonwealth defts." (eaf) (Entered: 06/05/1992)

June 3, 1992

June 3, 1992

Terminated document [251-1] motion for leave to file opposition to pltfs' motion for attys' fees and costs two days latle, [249-1] motion to extend time to respond to pltf's motion for attys fees to 5/24/92; Requested by Judge Skinner. (vah) (Entered: 09/23/1994)

Sept. 23, 1994

Sept. 23, 1994

Case Details

State / Territory: Massachusetts

Case Type(s):

Jail Conditions

Key Dates

Filing Date: Aug. 4, 1983

Closing Date: 1992

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Prisoners of a county jail wishing to end the unconstitutional overcrowding in the jail

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: Unknown

Filed Pro Se: Unknown

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Massachusetts Department of Corrections (Norfolk), County

Case Details

Causes of Action:

42 U.S.C. § 1983

Availably Documents:

Trial Court Docket

Any published opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Order Duration: 1984 - 1992

Content of Injunction:

Preliminary relief granted

Issues

Crowding:

Crowding / caseload

Pre-PLRA Population Cap

Type of Facility:

Government-run