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

Docket [PACER]

Sept. 23, 1994 Docket

Memorandum and Order on State Defendants' Motion to Dismiss

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

Nov. 26, 1986 Order/Opinion

Opinion

U. S. Court of Appeals for the First Circuit

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

Nov. 24, 1987 Order/Opinion

Docket

Last updated May 11, 2022, 8 p.m.

ECF Number Description Date Link
219

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

Jan. 14, 1991

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

Jan. 14, 1991
220

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

Jan. 24, 1991
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
222

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

May 8, 1991
223

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

May 20, 1991
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
225

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

June 14, 1991
226

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

July 10, 1991
227

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

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
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
230

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

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
232

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

Oct. 4, 1991
233

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

Oct. 28, 1991
234

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

Nov. 12, 1991
235

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

Nov. 21, 1991
236

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

Dec. 18, 1991
238

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

Jan. 2, 1992

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
239

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

Jan. 8, 1992
240

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

Feb. 6, 1992
241

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

Feb. 18, 1992
242

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

March 3, 1992
243

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

March 3, 1992
244

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

March 23, 1992
245

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

March 26, 1992
246

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

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
248

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

March 26, 1992

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

April 1, 1992

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

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
250

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

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
252

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

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
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

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

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