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'…

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.

Summary Authors

Kaitlin Corkran (5/31/2006)

Richard Jolly (11/25/2014)

Saeeda Joseph-Charles (11/2/2016)

Justin Hill (11/3/2019)

Becca Rogers (12/20/2020)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/5389446/parties/usa-v-commonwealth-of-pr/


Judge(s)
Attorney for Plaintiff
Attorney for Defendant

Agostini, Jose A. Fuentes (Puerto Rico)

Aldarondo-Ortiz, Eliezer (Puerto Rico)

Almonte-Duluc, Gittel (Puerto Rico)

Annexy-Guevara, Beatriz (Puerto Rico)

Barreto-Sola, Rafael E. (Puerto Rico)

Expert/Monitor/Master/Other

show all people

Documents in the Clearinghouse

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

Docket

See docket on RECAP: https://www.courtlistener.com/docket/5389446/usa-v-commonwealth-of-pr/

Last updated May 11, 2025, 9:39 p.m.

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

ENDORSED ORDER [31-1] miscellaneous Noted. ( signed by Chief Judge Carmen C. Cerezo ) (re)

May 14, 1998

May 14, 1998

PACER
32

PROGRESS REPORT (December 1998) by Orlando L. Martinez w/exhs. attached. (re) Modified on 01/08/1999 (Entered: 01/08/1999)

Jan. 7, 1999

Jan. 7, 1999

PACER
33

ORDER summarizing the Court Monitor's Report and referring this matter to Magistrate Judge Delgado for a hearing and a report and recommendation, etc.( signed by Chief Judge Carmen C. Cerezo ) (ct) (Entered: 01/20/1999)

Jan. 13, 1999

Jan. 13, 1999

PACER
34

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, All Defendants by Dennisse N. Longo-de-Morgan (ct) (Entered: 01/25/1999)

Jan. 22, 1999

Jan. 22, 1999

PACER

ENDORSED ORDER [34-1] appear/appearance notice Noted. ( signed by Magistrate Judge Aida M. Delgado-Colon ) (ct)

Jan. 26, 1999

Jan. 26, 1999

PACER
35

NOTICE of Attorney Appearance for USA by Kelli M. Evans (np) (Entered: 02/01/1999)

Jan. 29, 1999

Jan. 29, 1999

PACER
36

NOTICE of Attorney Appearance for USA by Christy E. Lopez. (np) (Entered: 02/01/1999)

Jan. 29, 1999

Jan. 29, 1999

PACER

ENDORSED ORDER [36-1] appear/appearance notice Noted. ( signed by Magistrate Judge Aida M. Delgado-Colon ) (ct)

Feb. 3, 1999

Feb. 3, 1999

PACER

ENDORSED ORDER [35-1] appear/appearance notice Noted. ( signed by Magistrate Judge Aida M. Delgado-Colon ) (ct)

Feb. 3, 1999

Feb. 3, 1999

PACER
37

PROGRESS REPORT (February 1999) by Orlando L. Martinez, Monitor. (re) (Entered: 03/02/1999)

Feb. 25, 1999

Feb. 25, 1999

PACER
38

MOTION by All Defendants for setting status conf. (re) (Entered: 03/08/1999)

March 4, 1999

March 4, 1999

PACER
39

NOTICE of Attorney Appearance for All Defendants by Daliah Lugo-Auffant (re) (Entered: 03/08/1999)

March 4, 1999

March 4, 1999

PACER
40

MOTION by All Defendants for Dennise N. Longo De Morgan to Appear Pro Hac Vice (re) (Entered: 03/08/1999)

March 4, 1999

March 4, 1999

PACER
41

ORDER setting hrg. for 10:00 3/10/99 before Magistrate Judge Aida M. Delgado-Colon, etc. as stated herein. ( signed by Magistrate Judge Aida M. Delgado-Colon ) (re) Modified on 03/10/1999 (Entered: 03/10/1999)

March 8, 1999

March 8, 1999

PACER
42

ORDER denying DOJ req. for setting of a status conf., etc. ( signed by Magistrate Judge Aida M. Delgado-Colon ) (re) (Entered: 03/10/1999)

March 8, 1999

March 8, 1999

PACER
44

Minute entry: First evidentiary hrg. held, etc. as stated herein w/exhs. list attached. ( Magistrate Judge Aida M. Delgado-Colon ) (re) Modified on 08/18/1999 (Entered: 07/30/1999)

March 10, 1999

March 10, 1999

PACER
43

ORDER, setting General Calendar Call for 1:30 3/12/99 before Magistrate Judge Aida M. Delgado-Colon, etc. ( signed by Magistrate Judge Aida M. Delgado-Colon ) (re) (Entered: 03/16/1999)

March 11, 1999

March 11, 1999

PACER

ENDORSED ORDER mooting [38-1] motion for setting status conf. In chambers conf. was held prior to the hrg.( signed by Magistrate Judge Aida M. Delgado-Colon ) (re) Modified on 03/31/1999

March 12, 1999

March 12, 1999

PACER

ENDORSED ORDER [39-1] atty. Appearance notice, Noted. ( signed by Magistrate Judge Aida M. Delgado-Colon ) (re)

March 12, 1999

March 12, 1999

PACER

ENDORSED ORDER granting [40-1] motion for Dennise N. Longo De Morgan to Appear Pro Hac Vice ( signed by Magistrate Judge Aida M. Delgado-Colon ) (re)

March 12, 1999

March 12, 1999

PACER
45

Informative Motion by Commonwealth of PR re: in compliance w/ct. order. (re) Modified on 04/27/1999 (Entered: 04/27/1999)

March 31, 1999

March 31, 1999

PACER
46

TRANSCRIPT filed of hrg. held on 3/10/99 before Hon. Mag. Judge Aida M. Delgado Colon. (re) Modified on 04/27/1999 (Entered: 04/27/1999)

April 6, 1999

April 6, 1999

PACER
47

Letter MOTION by Orlando L. Martinez, Monitor to Extend Time for a period of 30 days to complete the investigation requested by the Ct. (re) Modified on 05/03/1999 (Entered: 04/27/1999)

April 8, 1999

April 8, 1999

PACER

ENDORSED ORDER granting [47-1] motion to Extend Time for a period of 30 days to complete the investigation requested by the Ct. Dkt. #46 will be filed and made part of the record. ( signed by Magistrate Judge Aida M. Delgado-Colon ) (re) Modified on 05/03/1999

April 8, 1999

April 8, 1999

PACER
48

Informative Motion by Commonwealth of PR re: notifying the action taken by defts. in compliance w/the Mag. Judge's order. (re) Modified on 05/03/1999 (Entered: 04/27/1999)

April 9, 1999

April 9, 1999

PACER
49

ORDER, setting Status Conference for 10:00 6/22/99 before Magistrate Judge Aida M. Delgado-Colon, etc. ( signed by Magistrate Judge Aida M. Delgado-Colon ) (re) (Entered: 06/04/1999)

June 2, 1999

June 2, 1999

PACER
50

Minute entry: Second hrg. regarding status of juvenile institutions held, etc. as stated herein. Exhs. 1-4 admitted. ( Magistrate Judge Aida M. Delgado-Colon ) (re) (Entered: 07/12/1999)

June 22, 1999

June 22, 1999

PACER

ENDORSED ORDER [50-1] motion information re: conducted comp; iance tours of several juvenile institutions, Noted. ( signed by Magistrate Judge Aida M. Delgado-Colon ) (re)

June 25, 1999

June 25, 1999

PACER
51

MOTION by Commonwealth of PR for Daliah Lugo Auffant to Withdraw as Attorney (re) (Entered: 06/29/1999)

June 25, 1999

June 25, 1999

PACER
52

Informative Motion re: submitting the Monitor's motion and second Quarter 2005 Report by Commonwealth of PR, Juvenile Inst. Adm. re: evidente of all instituions where AIJ places juveniles under its custody that have life safety plans approved by the PR Fire Dept. w/attach. (re) Modified on 8/1/2005 to add dkt. text (re, ). (Entered: 06/29/1999)

June 25, 1999

June 25, 1999

PACER
53

Incident Report by Orlando L. Martinez, Monitor re: Modulo Detencion Cabo Rojo (re) (Entered: 06/29/1999)

June 25, 1999

June 25, 1999

PACER
54

Informative Motion by Commonwealth of PR, Pedro J. Rossello, Juvenile Inst. Adm., Zoraida Buxo re: in compliance w/ct's order w/attach. (re) (Entered: 07/06/1999)

July 2, 1999

July 2, 1999

PACER
55

Informative Motion by USA re: in compliance w/ct's order w/attach. (re) (Entered: 07/06/1999)

July 2, 1999

July 2, 1999

PACER
56

ORDER, setting Status Conference for 10:00 7/8/99 before Magistrate Judge Aida M. Delgado-Colon, etc. ( signed by Magistrate Judge Aida M. Delgado-Colon ) (re) (Entered: 07/07/1999)

July 6, 1999

July 6, 1999

PACER
57

ORDER re: AIJ compliance w/regulations of institutional safety plans are noted. AIJ must assure that all nine institutions conduct the necessary drills to assure that these plans are operational. Re: remaining privately operated institutions, AIJ will demand immediate compliance, etc. ( signed by Magistrate Judge Aida M. Delgado-Colon ) (re) (Entered: 07/07/1999)

July 6, 1999

July 6, 1999

PACER
58

ORDER: The Clerk of Ct. will cause that subpoenas be issued to the following persons: Julio A. Pellicier-Torres, Rigoberto Malave and Jose A. Costas-Feliciano, etc. ( signed by Magistrate Judge Aida M. Delgado-Colon ) (re) (Entered: 07/07/1999)

July 6, 1999

July 6, 1999

PACER
59

NOTICE of Attorney Appearance for Commonwealth of PR by Rick Nemcik-Cruz (re) (Entered: 07/07/1999)

July 6, 1999

July 6, 1999

PACER
60

MOTION by All Defendants to Continue hrg. set for 7/8/99, and in place of hrg., to schedule depositions (re) (Entered: 07/12/1999)

July 7, 1999

July 7, 1999

PACER
61

MOTION by All Defendants to set aside referral of the case to the Mag. Judge w/attach. Response due 7/21/99. (re) Modified on 07/12/1999 (Entered: 07/12/1999)

July 8, 1999

July 8, 1999

PACER
63

INFORMATIVE MOTION by USA and to Extend Time for a period of 10 days to provide pltf's comments on the draft Agency Policy and Procedure Manual w/attach. (re) Modified on 07/12/1999 (Entered: 07/12/1999)

July 8, 1999

July 8, 1999

PACER

Minute entry: denying [62-1] motion to Stay of the Mag. Judge's order pending appeal of the 7/6/99 order, denying [62-2] motion for immediate hrg., denying [62-1] appeal, etc. ( Judge Carmen C. Cerezo ) (re)

July 8, 1999

July 8, 1999

PACER
64

SEALED Minute entry: Third evidentiary hrg. held. ( Magistrate Judge Aida M. Delgado-Colon ) (re) Modified on 10/06/1999 (Entered: 07/30/1999)

July 8, 1999

July 8, 1999

PACER
62

APPEAL of Magistrate Decision to District Court by All Defendants re: dkt. #57. Response to appeal due by 7/21/99 for USA (re) (Entered: 08/09/1999)

July 8, 1999

July 8, 1999

PACER

Status Conference held before Magistrate Judge Aida M. Delgado-Colon (ct)

July 8, 1999

July 8, 1999

PACER
65

RESPONSE by USA in opposition to [61-1] motion to set aside referral of the case to the Mag. Judge by All Defendants w/exhs. attached. (re) (Entered: 07/15/1999)

July 14, 1999

July 14, 1999

PACER
66

Informative Motion by USA re: in compliance w/ct's order requesting the US to comment on defts' draft policy and procedures manual w/attach. (re) (Entered: 07/19/1999)

July 16, 1999

July 16, 1999

PACER
67

ORDER: US Mag. Judge Delgado shall address the matters set forth in paragraphs 3, 4, 5, 7 and 8 at pages 2 and 3 of dkt. #61 on or before 7/21/99. setting Motion Filing deadline to 7/21/99 . The Clerk of Ct. is instructed to return the case to Judge Cerezo on 7/22/99. setting Notice of Compliance deadline to 7/22/99 ( signed by Judge Carmen C. Cerezo ) (re) (Entered: 07/21/1999)

July 19, 1999

July 19, 1999

PACER
68

Report regarding evidentiary hrgs. held and other actions in compliance w/ct's order, dkt. #67 w/exhs. 1-8 attached (Exhs. I, II, IV, V and VI are sealed). (re) (Entered: 07/22/1999)

July 21, 1999

July 21, 1999

PACER
69

MOTION by All Defendants for Leave to File reply to pltf's. opp. to mot. to set aside referral of the case to the Mag. Judge, to Extend Time to supplement the mot. to set aside referral, etc. w/transcript excerpts, and to Vacate order setting hrg. on 7/27/99 w/reply tendered attached. (re) Modified on 07/29/1999 (Entered: 07/28/1999)

July 22, 1999

July 22, 1999

PACER
70

SECOND Informative Motion by All Defendants re: in compliance w/reporting requirements w/exhs. 1-26 attached. (re) Modified on 07/28/1999 (Entered: 07/28/1999)

July 27, 1999

July 27, 1999

PACER
71

SEALED TRANSCRIPT filed of hrg. held on 7/8/99 before Hon. Mag. Judge Aida M. Delgado-Colon (re) (Entered: 07/28/1999)

July 27, 1999

July 27, 1999

PACER
72

Informative Motion by USA re: report regarding the status of investigations conducted by the FBI involving alleged criminal civil rights violations in institutions governed by the consent decree. (re) (Entered: 07/28/1999)

July 27, 1999

July 27, 1999

PACER
73

Minute entry: Fourth evidentiary hrg. held re: case status, etc. as stated herein. ( Magistrate Judge Aida M. Delgado-Colon ) (re) Modified on 10/07/1999 (Entered: 07/30/1999)

July 27, 1999

July 27, 1999

PACER
74

ORDER: Pltf. requested an order directing the defts. to disclose some records, documents and/or information, etc. Defts. have voiced a concern in terms of the confidential nature of the requested information. Defts. are ordered to disclose and provide pltf. the documents and information stated in this order. ( signed by Magistrate Judge Aida M. Delgado-Colon ) (re) (Entered: 07/30/1999)

July 29, 1999

July 29, 1999

PACER
75

ORDER denying [61-1] motion to set aside referral of the case to the Mag. Judge ( signed by Judge Carmen C. Cerezo ) (re) (Entered: 08/04/1999)

July 30, 1999

July 30, 1999

PACER
76

MOTION SUBMITTING EMERGENCY PLANS w/attachment by All Defendants (re) (Entered: 08/19/1999)

Aug. 18, 1999

Aug. 18, 1999

PACER
77

MOTION by All Defendants for Andrew J. Toland to Appear Pro Hac Vice (re) (Entered: 08/19/1999)

Aug. 18, 1999

Aug. 18, 1999

PACER
78

MOTION by Commonwealth of PR for Luis F. Del Valle-Emmanuelli to Withdraw as Attorney (re) (Entered: 08/30/1999)

Aug. 25, 1999

Aug. 25, 1999

PACER
79

MOTION by Commonwealth of PR, Pedro J. Rossello, Juvenile Inst. Adm., Zoraida Buxo to Extend Time until 9/21/99 to file informative mot. re: production of documents (re) (Entered: 09/20/1999)

Sept. 17, 1999

Sept. 17, 1999

PACER
80

Informative Motion by USA in compliance w/ct'order and in response to the documents produced by defts. (re) (Entered: 09/20/1999)

Sept. 17, 1999

Sept. 17, 1999

PACER

Case Details

State / Territory: Puerto Rico

Case Type(s):

Juvenile Institution

Special Collection(s):

Post-PLRA enforceable consent decrees

Multi-LexSum (in sample)

Key Dates

Filing Date: Aug. 10, 1994

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

U.S. Department of Justice

Plaintiff Type(s):

U.S. Dept of Justice plaintiff

Attorney Organizations:

U.S. Dept. of Justice Civil Rights Division

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Cabo Rojo Industrial School , School District

The Central Treatment Center (Guanabo), None

Guaynabo Training School, None

Juvenile Institutions Administration, None

Metropolitan Training School at Bayam-n (Bayamon), None

Ponce Central Training School, None

Ponce Detention Center for Girls, None

Ponce Industrial School for Girls and Boys, None

Department of Corrections and Rehabilitation, None

Commonwealth of Puerto Rico, None

Defendant Type(s):

Corrections

Facility Type(s):

Government-run

Case Details

Causes of Action:

Civil Rights of Institutionalized Persons Act (CRIPA), 42 U.S.C. § 1997 et seq.

Indv. w/ Disab. Educ. Act (IDEA), Educ. of All Handcpd. Children Act , 20 U.S.C. § 1400

Section 504 (Rehabilitation Act), 29 U.S.C. § 701

Constitutional Clause(s):

Due Process

Equal Protection

Available Documents:

Trial Court Docket

Complaint (any)

Injunctive (or Injunctive-like) Relief

Any published opinion

Findings Letter/Report

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Content of Injunction:

Reporting

Monitoring

Goals (e.g., for hiring, admissions)

Training

Order Duration: 1994 - None

Issues

General/Misc.:

Classification / placement

Conditions of confinement

Disciplinary procedures

Education

Fire safety

Food service / nutrition / hydration

Juveniles

Mail

Pattern or Practice

Phone

Rehabilitation

Sanitation / living conditions

Staff (number, training, qualifications, wages)

Disability and Disability Rights:

Special education

Jails, Prisons, Detention Centers, and Other Institutions:

Assault/abuse by staff (facilities)

Crowding (General)

Disciplinary segregation

Recreation / Exercise

Suicide prevention (facilities)

Medical/Mental Health Care:

Medical care, unspecified

Medication, administration of

Mental health care, general