Case: United States v. Puerto Rico

3:94-cv-02080 | U.S. District Court for the District of Puerto Rico

Filed Date: Aug. 10, 1994

Case Ongoing

Clearinghouse coding complete

Case Summary

On August 10, 1994, after conducting a comprehensive investigation, the United States filed a lawsuit in the U.S. District Court for the District of Puerto Rico. The U.S. sued the Commonwealth of Puerto Rico, the governor, various executive officials, and the directors of several juvenile facilities under the Civil Rights of Institutionalized Persons Act (CRIPA), 42 U.S.C. § 1997 et seq. The U.S., represented by the Civil Rights Division of the Department of Justice (DOJ) and the U.S. Attorney's Office, asked the court for preliminary and permanent injunctive relief. The U.S. claimed that the defendants failed to protect incarcerated juveniles in detention facilities and training schools from harm. Specifically, the U.S. alleged that the policies, procedures, and conditions at the juvenile facilities in Puerto Rico violated statutory rights and the constitutional guarantees of due process and equal protection.

The United States filed a proposed consent order simultaneously with the complaint, which was entered by the District Court (Judge Carmen Cerezo) as a partial judgment on October 6, 1994. The purpose of the consent order was to address the immediate issues of psychiatric care and overcrowding. The order provided deadlines for the establishment of a mental health care program at the juvenile facilities. The defendants were required to transfer all juveniles who were in need of in-patient mental health treatment to an in-patient facility, to develop a suicide prevention and intervention program, to train the staff that supervised the juveniles in suicidal and self-mutilating behaviors. Regarding the crowding issue, the defendants were required to take steps to reduce the number of juveniles confined in the facilities so that capacity was not exceeded 180 days after the consent decree was entered. The court appointed Orlando Martinez as the monitor to oversee compliance with the order.

On October 7, 1994, the United States submitted a comprehensive settlement agreement and filed a motion to enter the settlement agreement as an additional order. The agreement provided that the defendant would construct new facilities and remodel the existing facilities, develop a manual of the policies and procedures that govern the operation of the institutions, develop a handbook for the juveniles advising them of their rights and the rules of conduct, and ensure that the juvenile institutions were adequately staffed. It further provided for the development and implementation of a classification system to ensure that juveniles were placed in the least restrictive setting possible, for the development of an efficient and effective mental healthcare program, which would include a substance abuse program, and for the development of an adequate education program. Finally, the agreement provided that physical force was only to be used in justifiable self-defense, for the protection of others, or for the prevention of escape. Isolation was only deemed appropriate when a juvenile posed immediate threat to themselves or others. On the same day, the District Court (Judge Cerezo) granted the United States' motion to enter the settlement agreement as an order. The court retained jurisdiction to monitor implementation of the settlement agreement.

On March 12, 1997, the parties informed the Court that Congress had enacted the Prison Litigation Reform Act (PLRA) and that the statute required the Court make certain findings regarding its previous orders. The parties also advised the Court that they would continue to meet with the Court Monitor and arrive at an agreed upon motion with regard to the current conditions in the facilities and the need for continued judicial oversight. And on October 7, 1997, the United States filed a Motion to Enter Settlement Agreement as an Order of the Court and for a Finding of Compliance with the Prison Litigation Reform Act. By Order dated December 12, 1997, the District Court approved the Settlement Agreement.

Remediation continued from 1997 to 2007. On March 8, 2007, the defendants filed a motion to terminate the prospective relief order entered by the Court on December 12, 1997, pursuant to the PLRA. Under the PLRA, ordinarily such a motion is the basis for a stay of pending remediation after 30 days, but on April 10, the Court found good cause for postponement of the automatic stay until June 6, 2007 and set an evidentiary hearing for May 7, 2008. Defendants appealed this finding. The day before the hearing, the parties settled, and filed a motion setting out which parts of the prior settlement agreements would remain in effect and which would be terminated. The hearing then supplied the basis for approval of the remaining provisions.

In addition to leaving in place a number of the provisions of the existing agreement, the parties implemented new requirements of sufficient direct care staffing to supervise in recreational, leisure and treatment activities with the juveniles; and new regulation of the response to allegations of abuse and mistreatment.

On April 28, 2008, the United States filed a Motion for Specific Performance and Supplemental Relief in an effort to protect youth from staffing shortages. The U.S. agreed to defer enforcement while the defendants pursued alternative measures. When the alternative measures proved ineffective, the two parties entered into a stipulation that required the hiring and training of additional staff and subsequent monitoring of the remedy. The Court approved the stipulation on January 8, 2009. After the United States determined that the defendants failed to adequately implement the remediation steps, the United States filed a Motion for Contempt on July 2, 2009. The Court denied the motion, stating that the defendants showed reasonable diligence in attempting to fulfill the Stipulated Order. The United States appealed on May 21, 2010; the First Circuit dismissed the appeal. U.S. v. Puerto Rico, 642 F.3d 103 (1st Cir. 2011).

The defendants moved to terminate particular relief provisions of the parties’ Settlement Agreement in May 2010, August 2011, October 2012, May 2016, March 2018, and June 2019. The Court granted the first five motions to terminate their respective relief provisions, and the sixth motion is pending. The parties filed a joint motion to terminate two additional provisions in July 2014 because the defendants were in compliance per the monitoring report for the first quarter of 2014.

From 2009 until 2018, Warren F. Benton acted as the monitor issuing quarterly reports. In the second quarter of 2018, Kimberly B. Tandy assumed monitoring duties. The case was reassigned to Judge Gustavo Gelpi on December 19, 2019.

After years of status reports, the court issued an order on November 11, 2020 to convene a three-judge panel to determine whether to release prisoners from the juvenile facilities subject to the consent decree in light of "a most appalling and disturbing predicament which jeopardizes the mental and physical well-being of their population." 2020 WL 6948174. The order was issued in response to a monitoring report that found that one quarter of the juvenile population at these facilities was hospitalized between July 1 and September 30, 2020 due to suicide or mutilation attempts. During that same period, one third of the juvenile population engaged in suicidal ideation, gestures of intent (including serious attempts by hanging), or self-mutilation. The court reprimanded the Commonwealth for "fail[ing] to remedy the juveniles' inexcusable deprivation of constitutional rights" and concluded that the court was obligated to intervene to protect the mental health and safety of the juvenile prisoners. The court elected to convene a three-judge panel to determine whether a prisoner release was appropriate, citing the facilities' lack of capacity.

Four days later, on November 16, 2020, the court issued another order enforcing a previous order that directed the Commonwealth to identify the personnel and contractors who were essential to the Commonwealth's efforts to comply with the settlement agreement and subsequent orders, which the Commonwealth had failed to do. In the November 16th order, the court threatened to hold the Commonwealth in contempt and subject it to sanctions for continued noncompliance and asserted that it would "do all that is in its power to address the drastic and noncompliant posture of the Commonwealth." The Commonwealth complied the following day. In response, the court issued an order preventing essential personnel from being transferred, removed, or terminated without the court's permission. The order also required essential contractors to continue providing services (with compensation) even after their contracts expired unless the court permitted them to cease.

The court continued to express its impatience with the Commonwealth in subsequent orders, noting in one that "[t]he Commonwealth's self-serving characterization of its compliance efforts is its own."

On December 9, 2020, the court designated First Circuit Court of Appeals Judge David J. Barron, District of Puerto Rico Judge Francisco A. Besosa, and District of Puerto Rico Chief Judge Gustavo A. Gelpi to serve on the three-judge panel. The case is ongoing.

	Document
3:94-cv-02080	Docket (PACER) U.S. v. Puerto Rico	Dec. 18, 2020	Dec. 18, 2020 Docket
	Notice Letter re: CRIPA Investigation of Juvenile Facilities in the Commonwealth of Puerto Rico U.S. v. Puerto Rico No Court	Oct. 9, 1991	Oct. 9, 1991 Notice Letter
	Findings Letter re: CRIPA Investigation of Juvenile Facilities in the Commonwealth of Puerto Rico U.S. v. Puerto Rico No Court	Dec. 2, 1992	Dec. 2, 1992 Findings Letter/Report
3 3:94-cv-02080	Amended Complaint U.S. v. Puerto Rico	Aug. 22, 1994	Aug. 22, 1994 Complaint
	Findings Letter re: CRIPA Investigation of Juvenile Facilities in the Commonwealth of Puerto Rico U.S. v. Puerto Rico No Court	Sept. 14, 1994	Sept. 14, 1994 Findings Letter/Report
3:94-cv-02080	Consent Order U.S. v. Puerto Rico	Oct. 11, 1994	Oct. 11, 1994 Order/Opinion
22 3:94-cv-02080	United States' Motion for Leave to Amend Complaint U.S. v. Puerto Rico	Oct. 7, 1997	Oct. 7, 1997 Pleading / Motion / Brief
3:94-cv-02080	Settlement Agreement U.S. v. Puerto Rico	Oct. 7, 1997	Oct. 7, 1997 Settlement Agreement
21 3:94-cv-02080	United States' Motion to Enter Settlement Agreement as an Order of the Court and for a Finding of Compliance with the Prison Litigation Reform Act U.S. v. Puerto Rico	Oct. 7, 1997	Oct. 7, 1997 Pleading / Motion / Brief
3:94-cv-02080	Affidavit of Orlando L. Martinez U.S. v. Puerto Rico	Oct. 7, 1997	Oct. 7, 1997 Pleading / Motion / Brief

ECF Number	Description	Date	Link Date / Link
1	COMPLAINT for Preliminary and Permanent Injuntive Relief. (mr) (Entered: 08/11/1994)	Aug. 10, 1994	Aug. 10, 1994 PACER
2	STIPULATION for consent order by USA and defts (su) (Entered: 08/18/1994)	Aug. 10, 1994	Aug. 10, 1994 PACER
	SUMMONS issued for Pedro J. Rossello, Zoraida Buxo,Carmen Feliciano-Vda. de Melecio, Nestor Galarza, Victor Fajardo, Pedro Pierluisi, Carmen Rodriguez, Daniel Vazquez-Torres, Edgard Ortiz-Albino, Norma Cruz, Francisca Aponte, Julio Cualio-Bonet, Lydia Lasalle (mr)	Aug. 11, 1994	Aug. 11, 1994 PACER
	SUMMONS issued for Astrid Oyola-de-Benitez, Francisco Rivera-Mayor (su)	Aug. 17, 1994	Aug. 17, 1994 PACER
3	AMENDED COMPLAINT by USA (Answer due 9/1/94 for Lydia Lasalle, for Julio Cualio-Bonet, for Paulito Diaz-de-Garcia, for Francisca Aponte, for Norma Cruz, for Edgard Ortiz-Albino, for Daniel Vazquez-Torres, for Carmen Rodriguez, for Pedro Pierluisi, for Victor Fajardo, for Nestor Galarza, for Carmen Feliciano-Vda.-de-Me, for Miguel Rivera, for Zoraida Buxo, for Juvenile Inst. Adm., for Pedro J. Rossello, for Commonwealth of PR ) amending [1-1] complaint (su) (Entered: 08/30/1994)	Aug. 22, 1994	Aug. 22, 1994 PACER
4	ORDER [2-1] stipulation taken under advisement. Further consideration of the terms of the stipulation for approval will be held in abeyance pending plffs' compliance with this order, etc as stated herein ( signed by Chief Judge Carmen C. Cerezo ) (su) (Entered: 09/01/1994)	Aug. 30, 1994	Aug. 30, 1994 PACER
5	SUMMONS Returned Executed as to Pedro J. Rossello, Zoraida Buxo, Miguel Rivera, Carmen Feliciano-Vda.-de-Me, Astrid Oyola-de-Benitez, Victor Fajardo, Pedro Pierluisi, Carmen Rodriguez, Julio Cualio-Bonet, Lydia Lasalle on 8/30/94 Answer due on 9/19/94 for Pedro J. Rossello, for Zoraida Buxo, for Miguel Rivera, for Carmen Feliciano-Vda.-de-Me, for Astrid Oyola-de-Benitez, for Victor Fajardo, for Pedro Pierluisi, for Carmen Rodriguez, for Julio Cualio-Bonet, for Lydia Lasalle (su) (Entered: 09/01/1994)	Aug. 31, 1994	Aug. 31, 1994 PACER
6	Informative Motion by USA re: in compliance w/order of 8/30/94 re: parties are negotiating a stipulation. (np) (Entered: 09/08/1994)	Sept. 7, 1994	Sept. 7, 1994 PACER
7	NOTICE of Attorney Appearance for Commonwealth of PR, Pedro J. Rossello, Juvenile Inst. Adm., Zoraida Buxo, Miguel Rivera, Carmen Feliciano-Vda.-de-Me, Astrid Oyola-de-Benitez, Victor Fajardo, Pedro Pierluisi, Carmen Rodriguez, Daniel Vazquez-Torres, Edgard Ortiz-Albino, Norma Cruz, Francisca Aponte, Francisco Rivera-Mayor, Julio Cualio-Bonet, Lydia Lasalle by Miguel G. Laffitte, Roberto E. Ruiz-Comas (su) (Entered: 09/12/1994)	Sept. 9, 1994	Sept. 9, 1994 PACER
8	SUMMONS Returned Executed as to Daniel Vazquez-Torres, Edgard Ortiz-Albino, Norma Cruz, Francisco Rivera-Mayor on 8/31/94 Answer due on 9/20/94 for Daniel Vazquez-Torres, for Edgard Ortiz-Albino, for Norma Cruz, for Francisco Rivera-Mayor (su) (Entered: 09/14/1994)	Sept. 12, 1994	Sept. 12, 1994 PACER
	ENDORSED ORDER granting [2-1] stipulation. The parties having agreed and the Court being advised in the premises, the Consent Decree is hereby entered as to Order & Partial Judgment of this Court. ( signed by Chief Judge Carmen C. Cerezo ) (su) Modified on 10/11/1994	Oct. 7, 1994	Oct. 7, 1994 PACER
	ENDORSED ORDER [6-1] motion information Noted. ( signed by Chief Judge Carmen C. Cerezo ) (su)	Oct. 7, 1994	Oct. 7, 1994 PACER
	ENDORSED ORDER [7-1] appear/appearance notice Noted. ( signed by Chief Judge Carmen C. Cerezo ) (su)	Oct. 7, 1994	Oct. 7, 1994 PACER
9	FIRST Report by Commonwealth of PR re: Monitoring Report "Administracion de Instituciones Juveniles" (mi) (Entered: 11/10/1994)	Nov. 7, 1994	Nov. 7, 1994 PACER
10	Progress Report by USA thru Federal Monitor re: Juvenile Institutions Administrations (su) (Entered: 06/08/1995)	June 7, 1995	June 7, 1995 PACER
11	NOTICE of Attorney Appearance for USA by Charles E. Fitzwilliam (re) (Entered: 03/20/1996)	March 18, 1996	March 18, 1996 PACER
12	NOTICE of Attorney Appearance for USA by Isabel Munoz-Acosta (re) (Entered: 10/24/1996)	Oct. 23, 1996	Oct. 23, 1996 PACER
13	Informative Motion by atty. Luis F. Del Valle Emmanuelli as to all Defendants notifying defts' atty new address. (re) (Entered: 11/07/1996)	Nov. 6, 1996	Nov. 6, 1996 PACER
	ENDORSED ORDER mooting [11-1] appear/appearance notice ( signed by Chief Judge Carmen C. Cerezo ) (re)	Feb. 21, 1997	Feb. 21, 1997 PACER
	ENDORSED ORDER [12-1] notice of atty.appearance, Noted. ( signed by Chief Judge Carmen C. Cerezo ) (re)	Feb. 21, 1997	Feb. 21, 1997 PACER
14	ORDER: The pts. shall inform the status of their negotiations to reach stipulations, etc. Failure to do so will result in dismissal of this action. setting Notice of Compliance deadline to 3/13/97 ( signed by Chief Judge Carmen C. Cerezo ) (re) (Entered: 02/21/1997)	Feb. 21, 1997	Feb. 21, 1997 PACER
15	LETTER MOTION SUBMITTING Special Repot in re: to the Centro Juvenil Metropolitano de Bayamon indicating non compliance w/the Ct's order by Orlando L. Martinez (re) (Entered: 03/06/1997)	March 6, 1997	March 6, 1997 PACER
16	Report by Orlando L. Martinez re: Centro Juvenil Metropolitano de Bayamon (re) (Entered: 03/06/1997)	March 6, 1997	March 6, 1997 PACER
17	Informative Motion by USA re: in compliance w/Ct's. Order (dkt. #14). (re) (Entered: 03/17/1997)	March 12, 1997	March 12, 1997 PACER
18	ORDER: The pts. are granted a final term of 20 days to file a joint report on t he status of their stlmt. negotiations and to set a curse of action for the resolution of the remaining issues. setting Motion Filing deadline to 9/2/97 ( signed by Chief Judge Carmen C. Cerezo ) (re) (Entered: 08/08/1997)	Aug. 7, 1997	Aug. 7, 1997 PACER
19	JOINT MOTION by USA, All Defendants to Extend Time unitl 9/9/97 to file a joint response to the Ct's Order of 8/6/97 (re) (Entered: 09/01/1997)	Aug. 26, 1997	Aug. 26, 1997 PACER
20	Informative Motion by USA, All Defendants re: notifying status of stlmt. negotiations, in compliance w/Ct's order, dkt. #18. (re) (Entered: 09/12/1997)	Sept. 10, 1997	Sept. 10, 1997 PACER
21	MOTION by USA requesting that the Ct. enter the stlmt. agreement asn an order of the Ct. and find it in compliance w/the requirements of PLRA w/attach. Response due 10/20/97 . (re) Modified on 10/08/1997 (Entered: 10/08/1997)	Oct. 7, 1997	Oct. 7, 1997 PACER
22	MOTION by USA for Leave to File amended complaint w/amended complaint tendered. Response due 10/20/97 . (re) (Entered: 10/08/1997)	Oct. 7, 1997	Oct. 7, 1997 PACER
	ENDORSED ORDER granting [22-1] motion for Leave to File amended complaint ( signed by Chief Judge Carmen C. Cerezo ) (re)	Oct. 30, 1997	Oct. 30, 1997 PACER
23	SECOND AMENDED COMPLAINT by USA (Answer due 11/10/97 for Lydia Lasalle, for Julio Cualio-Bonet, for Francisco Rivera-Mayor, for Francisca Aponte, for Norma Cruz, for Edgard Ortiz-Albino, for Daniel Vazquez-Torres, for Carmen Rodriguez, for Pedro Pierluisi, for Victor Fajardo, for Astrid Oyola-de-Benitez, for Carmen Feliciano-Vda.-de-Me, for Miguel Rivera, for Zoraida Buxo, for Juvenile Inst. Adm., for Pedro J. Rossello, for Commonwealth of PR ) amending [3-1] amended complaint by USA (re) (Entered: 10/31/1997)	Oct. 31, 1997	Oct. 31, 1997 PACER
24	PROGRESS Report by Orlando L. Martinez, Office of the Ct. Monitor, AIJ (November 1997) (re) (Entered: 12/08/1997)	Dec. 4, 1997	Dec. 4, 1997 PACER
25	SETTLEMENT AGREEMENT by USA, Commonwealth of PR w/attach. (re) (Entered: 12/15/1997)	Dec. 12, 1997	Dec. 12, 1997 PACER
26	ORDER granting [21-1] motion requesting that the Ct. enter the stlmt. agreement as an order of the Ct. and find it in compliance w/the requirements of PLRA. The stlmt. agreement [25-1] is approved. ( signed by Chief Judge Carmen C. Cerezo ) (re) (Entered: 12/15/1997)	Dec. 12, 1997	Dec. 12, 1997 PACER
27	MOTION SUBMITTING 1st Report reg the status of the remedial provisions in the settlement agreement signced by the court on 12/11/97 w/attachment by Orlando L. Martinez (su) (Entered: 01/16/1998)	Jan. 13, 1998	Jan. 13, 1998 PACER
28	Minute entry: mooting [19-1] motion to Extend Time unitl 9/9/97 to file a joint response to the Ct's Order of 8/6/97 ( Chief Judge Carmen C. Cerezo ) (re) (Entered: 02/11/1998)	Feb. 6, 1998	Feb. 6, 1998 PACER
29	SECOND PROGRESS Report by Orlando L. Martinez (re) (Entered: 03/03/1998)	March 2, 1998	March 2, 1998 PACER
30	JUDGMENT dismissing this action for the reasons stated in our Order entered on 12/12/97 (dkt. #25). The Ct. shall retain jurisdiction of this case pursuant to sec. 103 of the stlmt. agreement to insure that its plans and provisions are properly and timely implemented. ( signed by Chief Judge Carmen C. Cerezo ) (re) (Entered: 04/28/1998)	April 23, 1998	April 23, 1998 PACER
	Case closed (re)	April 23, 1998	April 23, 1998 PACER
31	LETTER MOTION SUBMITTING repots describing the progress that the Commonwealth of P. R., Administracion de Instituciones Juveniles, has made to comply w/the Ct's orders w/5 reports and a summary attached by Orlando L. Martinez, Monitor. (re) (Entered: 05/12/1998)	May 11, 1998	May 11, 1998 PACER

Case: United States v. Puerto Rico

3:94-cv-02080 | U.S. District Court for the District of Puerto Rico

Case Summary

People

Documents in the Clearinghouse

Docket

Case Details