Case: Williams v. Lesiak

1:72-cv-00571 | U.S. District Court for the District of Massachusetts

Filed Date: Feb. 15, 1972

Closed Date: 1999

Clearinghouse coding complete

Case Summary

On February 15, 1972, Harold Williams and other residents at the Treatment Center for Sexually Dangerous Persons in Bridgewater, Massachusetts filed a lawsuit in the United States District Court for the District of Massachusetts against the center alleging that the conditions of confinement and inadequacy of treatment programs violated their rights under the Fifth, Eight, and Fourteenth Amendments. Conditions included cells which lacked sinks or toilets, inadequate medical care, and a lack of …

On February 15, 1972, Harold Williams and other residents at the Treatment Center for Sexually Dangerous Persons in Bridgewater, Massachusetts filed a lawsuit in the United States District Court for the District of Massachusetts against the center alleging that the conditions of confinement and inadequacy of treatment programs violated their rights under the Fifth, Eight, and Fourteenth Amendments. Conditions included cells which lacked sinks or toilets, inadequate medical care, and a lack of any activities or work release programs. Plaintiffs were represented by private attorneys.

This case was litigated with King v. Greenblatt (MH-MA-0004). In 1974, the district court (Judge Charles Edward Wyzanski, Jr.) entered two consent decrees in King and one in this case. The decrees placed the facility under the authority of the Massachusetts Department of Mental Health, prohibited defendants from using solitary confinement for purposes of punishment or discipline, and provided other constitutional guidelines. At the time of the consent decrees, conditions in the facility were very poor as a result of overcrowding, unsafe drinking water, lack of toilet facilities, obsolete heating and ventilation, inadequate staffing, and lack of recreational opportunities and facilities. Inmates brought many cases to enforce these decrees and conditions at the facility gradually improved.

There were tensions over the shared control of the facility by the Department of Corrections and the Department of Mental Health. After the state legislature recommended that control of the facility be with the Department of Corrections solely, the district court (Judge John J. McNaught) appointed a Special Master to consider the viability of the consent decrees. Later, legislation was passed granting control to the Department of Corrections. Judge McNaught officially consolidated the Williams and King cases in 1994 and appointed counsel for a class of 48 inmates who alleged constitutional violations in the facility.

The Department of Corrections presented the court with a proposed plan for administering the facility and in 1995, Judge McNaught directed the parties to reach a consensus on the rules and regulations that would govern the facility. That did not occur.

On October 31, 1996, Judge A. David Mazzone granted Massachusetts's motion to modify the decrees but denied a motion to vacate the previous decrees. On June 21, 1999, Judge Mazzone granted the motion to vacate the consent decrees, holding that that the conditions at the center that had been the basis of the decrees had been remediated. King v. Greenblatt, 53 F. Supp. 2d 117 (D. Mass. 1999). The court also found that the Department of Corrections had demonstrated the intent and ability to operate the facility in a manner consistent with the rights of plaintiff patients and the goals of treatment. Judge Mazzone ordered the case closed on that date.

Summary Authors

Angela Heverling (5/30/2007)

Related Cases

King v. Greenblatt, District of Massachusetts (1972)

People


Judge(s)

Bownes, Hugh Henry (New Hampshire)

Breyer, Stephen Gerald (District of Columbia)

Campbell, Levin Hicks (Massachusetts)

Coffin, Frank Morey (Maine)

Lagueux, Ronald Rene (Rhode Island)

Lenk, Barbara A. (Massachusetts)

Mazzone, A. David (Massachusetts)

McNaught, John Joseph (Massachusetts)

Selya, Bruce Marshall (Rhode Island)

Stahl, Norman H. (Massachusetts)

Judge(s)

Bownes, Hugh Henry (New Hampshire)

Breyer, Stephen Gerald (District of Columbia)

Campbell, Levin Hicks (Massachusetts)

Coffin, Frank Morey (Maine)

Lagueux, Ronald Rene (Rhode Island)

Lenk, Barbara A. (Massachusetts)

Mazzone, A. David (Massachusetts)

McNaught, John Joseph (Massachusetts)

Selya, Bruce Marshall (Rhode Island)

Stahl, Norman H. (Massachusetts)

Torruella, Juan R. (Puerto Rico)

Attorneys(s) for Plaintiff

Bass, Victor (Massachusetts)

Donelan, Charles (Massachusetts)

Handler, Jonathan I. (Massachusetts)

Keefe, Robert Dennis (Massachusetts)

Novello, David P. (Massachusetts)

Perrelli, Katherine E. (Massachusetts)

Reilly, Stephen C. (Massachusetts)

Russell, Peter F. (Massachusetts)

Schreckinger, Steven L. (Massachusetts)

Scibelli, Anthony A. (Massachusetts)

Wadland, Joseph J. (Massachusetts)

Attorneys(s) for Defendant

Brown, Douglas S. (Massachusetts)

Davis, Scott M. (Massachusetts)

Gray, Alexander G. Jr. (Massachusetts)

Harshbarger, Scott (Massachusetts)

Mogilnicki, Eric J (Massachusetts)

Pardee, William L. (Massachusetts)

Shannon, James M. (Massachusetts)

Sorokin, Leo Theodore (Massachusetts)

Yogman, Judith (Massachusetts)

Other Attorney(s)

DeWolfe, Ronald (Massachusetts)

Eisenberg, Beth (Massachusetts)

Follett, Jeffrey S. (Massachusetts)

Geiger, David R. (Massachusetts)

Hitt, John R. (Massachusetts)

O'Connor, Francis Patrick (Massachusetts)

Pingeon, James R. (Massachusetts)

Reed, Sarah B. (Massachusetts)

Reinert, Anton R. (Massachusetts)

Wechsler, Peter T. (Massachusetts)

Documents in the Clearinghouse

Document

1:72-cv-00571

Docket (PACER)

Aug. 20, 2004

Aug. 20, 2004

Docket

86-02109

Opinion

U. S. Court of Appeals for the First Circuit

822 F.2d 1223

July 7, 1987

July 7, 1987

Order/Opinion

1:72-cv-00571

Order on Requests for Attorneys' Fees

1989 WL 156949

Dec. 22, 1989

Dec. 22, 1989

Order/Opinion

89-02052

90-01269

90-01270

Reported Opinion

Langton v. Johnson

U. S. Court of Appeals for the First Circuit

928 F.2d 1206

March 22, 1991

March 22, 1991

Order/Opinion

9205277

Reported Opinion

Bruder v. Commissioner of Mental Health

1993 WL 818811

March 31, 1993

March 31, 1993

Order/Opinion

94-01751

Reported Opinion

King v. Greenblatt

U. S. Court of Appeals for the First Circuit

52 F.3d 1

April 6, 1995

April 6, 1995

Order/Opinion

95-00047

Memorandum Decision

King v. Greenblatt

Supreme Court of the United States

516 U.S. 863, 116 S.Ct. 175, 133 L.Ed.2d 115

Oct. 2, 1995

Oct. 2, 1995

Order/Opinion

97-01278

95-01812

95-01813

96-01649

97-01021

97-01057

Opinion

King v. Greenblatt

U. S. Court of Appeals for the First Circuit

127 F.3d 190

Oct. 10, 1997

Oct. 10, 1997

Order/Opinion

97-01278

95-01812

95-01813

96-01649

97-01021

97-01057

Reported Opinion

King v. Greenblatt

U. S. Court of Appeals for the First Circuit

149 F.3d 9

July 7, 1998

July 7, 1998

Order/Opinion
295

1:72-cv-00571

72-00788

Memorandum and Order

King v. Greenblatt

53 F.Supp.2d 117

June 21, 1999

June 21, 1999

Order/Opinion

Resources

Docket

Last updated May 30, 2022, 3:16 a.m.

ECF Number Description Date Link Date / Link
1

Complaint for Declaratory Judgment and Injunctive Relief filed. (tmc) Modified on 08/23/1994 (Entered: 08/23/1994)

Feb. 15, 1972

Feb. 15, 1972

WYZANSKI, D.J.: (Copy) CONSENT DECREE (King v. Greenblatt), filed. (tmc) (Entered: 08/23/1994)

June 3, 1974

June 3, 1974

2

WYZANSKI, D.J.: (COPY) CONSENT DECREE (WILLIAMS V. LESIAK) (reproduced in 8/28/89 Opinion), filed. (tmc) (Entered: 08/23/1994)

June 14, 1974

June 14, 1974

WYZANSKI, D.J.: (COPY) SUPPLEMENTAL CONSENT DECREE (King v. Greenblatt), filed. (tmc) (Entered: 08/23/1994)

Nov. 15, 1974

Nov. 15, 1974

WYZANSKI, D.J.: (COPY) PARTIAL CONSENT DECREE (Williams v. Lesiak) (reproduced in 8/28/89 Opinion), filed. (tmc) (Entered: 08/23/1994)

Jan. 2, 1975

Jan. 2, 1975

Case closed. (tmc) (Entered: 08/23/1994)

Jan. 9, 1978

Jan. 9, 1978

3

Copy of Letter from Special Master filing REPORT OF SPECIAL MASTER pursuant to rule 53 (e)(1) Fed. R. Civ. P., w/encs., filed. (tmc) (Entered: 08/23/1994)

Sept. 16, 1993

Sept. 16, 1993

4

Copy of Report of Special Master filed. (NOTE: Report was received in six installments. Except for the FIRST PROGRESS REPORT (F. 9/18/93 AND DOCKETED AS NO. 65) each installment was maintained IN CAMERA until today's filing of the report, with the Clerk. The remaining five installments of the Special Masters Report are as follows: SECOND PROGRESS REPORT (dated 10/30/92); THIRD PROGRESS REPORT (DATED 12/21/92); FOURTH PROGRESS REPORT (DATED 2/25/93); FIFTH PROGRESS REPORT (DATED 9/7/93); SIXTH AND FINAL PROGRESS REPORT (DATED 9/7/93) (tmc) (Entered: 08/23/1994)

Sept. 16, 1993

Sept. 16, 1993

5

Copy of Letter from Special Master (dated 9/7/93) summarizing conclusions contained in FIFTH and SIXTH PROGRESS REPORTS, filed. (tmc) (Entered: 08/23/1994)

Sept. 16, 1993

Sept. 16, 1993

6

Judge A. D. Mazzone. Copy of Notice of Filing of SPECIAL MASTER'S REPORT. Report f. w/clerk on 9/16/93; transcripts of Masters hearing f. w/clerk on 7/20/93. The Clerk having been directed to serve copies of SM's report on parties, SM is hereby relieved of his obligation to do so. Pursuant to Rule 53(e)(2), objections to SM'S report shall be F/S by 10/1/93. Application to Court for action on report, or the objections thereto, shall be by motion F/S on or before 10/15/93; cc/cnsl and parties pro se w/Rpt. (tmc) Modified on 09/07/1994 (Entered: 08/23/1994)

Sept. 20, 1993

Sept. 20, 1993

7

Copy of motion by pro se plaintiffs Dewolfe, Gonsalves and Davis to extend time to file opposition to SM's report, filed. c/s (tmc) (Entered: 08/23/1994)

Sept. 30, 1993

Sept. 30, 1993

8

Copy of OBJECTION of Intervenor Plaintiffs to REPORT TO SPECIAL MASTER, filed. (tmc) (Entered: 08/23/1994)

Oct. 1, 1993

Oct. 1, 1993

9

Copy of RESPONSE OF DEFENDANTS TO NOTICE OF FILING OF SPECIAL MASTER'S REPORT. Due to non-adjudicative nature of SM'S REPORT, defendants do not intend to file obj's or motions for action on report but will, instead, file written response commenting on SM's observations and conclusions. Defs. intend t/f/motion to amend or vacate CDs. (tmc) Modified on 09/07/1994 (Entered: 08/23/1994)

Oct. 1, 1993

Oct. 1, 1993

10

Copy of Response of Plaintiffs Quintal, Gosselin and Cameron (on behalf of the Class of 48 + 1) in opposition to [95-1] SPECIAL MASTER'S REPORT, filed. (no c/s) (in CA 72-788) (tmc) (Entered: 08/23/1994)

Oct. 1, 1993

Oct. 1, 1993

11

Copy of Defendants' response to SPECIAL MASTER'S REPORT (comments and observations on), filed. c/s (tmc) (Entered: 08/23/1994)

Oct. 22, 1993

Oct. 22, 1993

Judge A. D. Mazzone . Endorsed Order GRANTING [107-1] motion to extend time to file opp. to special masters report until 11/15/93, cc/cl entered. cc/cl (in CA-72-788) (tmc) (Entered: 08/23/1994)

Nov. 1, 1993

Nov. 1, 1993

12

Motion by Michael Lesiak, Charles W. Gaughan, John P. Kerle, Milton Greenblatt, John O. Boone to reopen and assign case **NOTE: this motion includes request for relief pursuant to F.R.C.P. 60(b) to modify/vacate CDs and supplemental orders in this case. filed. c/s (tmc) Modified on 08/23/1994 (Entered: 08/23/1994)

Jan. 21, 1994

Jan. 21, 1994

13

Motion by Michael Lesiak, Charles W. Gaughan, John P. Kerle, Milton Greenblatt, John O. Boone to consolidate cases with CA-72-788 , filed. c/s (tmc) (Entered: 08/23/1994)

Jan. 21, 1994

Jan. 21, 1994

14

Motion by Michael Lesiak, Charles W. Gaughan, John P. Kerle, Milton Greenblatt, John O. Boone to modify consent decree filed. c/s (tmc) (Entered: 08/23/1994)

Jan. 21, 1994

Jan. 21, 1994

15

Memorandum by Michael Lesiak, Charles W. Gaughan, John P. Kerle, Milton Greenblatt, John O. Boone in support of [14-1] motion to modify consent decree, filed. c/s (tmc) (Entered: 08/23/1994)

Jan. 21, 1994

Jan. 21, 1994

16

ASSENTED TO Motion by Donald Pearson, et al (72-788) to extend time to 2/11/94 to respond to motions , filed. (tmc) Modified on 09/12/1994 (Entered: 08/23/1994)

Jan. 28, 1994

Jan. 28, 1994

18

Letter to Clerk from Atty. Halpern (for pltfs), re: Williams v. Lesiak, req.g. guidance on which Judge was assigned the Comm's motion to reopen/reassign Williams v. Lesiak. Counsel states his opinion that the motion should be assigned to and heard by Judge Garrity. filed. (tmc) (Entered: 08/25/1994)

Feb. 1, 1994

Feb. 1, 1994

17

Motion by Sherman Miller to show cause and for appointment of counsel , filed. (tmc) (Entered: 09/12/1994)

Feb. 1, 1994

Feb. 1, 1994

Judge A. D. Mazzone . Endorsed Order entered granting [16-1] motion to extend time to 2/11/94 to respond to motions. cc/cl (tmc) Modified on 09/12/1994 (Entered: 08/25/1994)

Feb. 2, 1994

Feb. 2, 1994

19

Letter dated: 2/2/94 to: Mr. Halpern re: pending motions, filed. (tmc) (Entered: 08/25/1994)

Feb. 2, 1994

Feb. 2, 1994

21

Motion by Class of 48 + 1 to become permissive joinder of parties as class action , filed. c/s (tmc) (Entered: 08/25/1994)

Feb. 10, 1994

Feb. 10, 1994

22

Response by Class 48 + 1 in opposition to [12-1] motion to reopen and assign case, filed. c/s (tmc) (Entered: 08/25/1994)

Feb. 10, 1994

Feb. 10, 1994

23

Response by Class of 48 + 1 in opposition to [13-1] motion to consolidate cases with CA-72-788, filed. c/s (tmc) (Entered: 08/25/1994)

Feb. 10, 1994

Feb. 10, 1994

24

Response by Class of 48 + 1 in opposition to [14-1] motion to modify consent decree, filed. c/s (tmc) (Entered: 08/25/1994)

Feb. 10, 1994

Feb. 10, 1994

25

Motion by Class of 48 + 1 for Federal receivership , filed. c/s (tmc) (Entered: 08/25/1994)

Feb. 10, 1994

Feb. 10, 1994

26

Response by Intervenor-Plaintiffs in opposition to [14-1] motion to modify consent decree, filed. c/s (tmc) (Entered: 08/25/1994)

Feb. 11, 1994

Feb. 11, 1994

27

Response by Charles W. Gaughan, Milton Greenblatt and Leslie Taylor in opposition to [21-1] motion to become permissive joinder of parties as class action, filed. c/s (tmc) (Entered: 08/26/1994)

Feb. 18, 1994

Feb. 18, 1994

Status conference held . (tmc) (Entered: 08/26/1994)

March 2, 1994

March 2, 1994

Judge A. D. Mazzone . Clerk's Notes: re: Status Conference in CA-72- 788: Counsel and special master appear for status conference. Counsel for the Class of 48 + 1 will be appointed by the Court; counsel will be informed of the filing date for responses to pending motions and hearing date if deemed necessary by the Court. Court Reporter: Carol Scott (tmc) Modified on 09/07/1994 (Entered: 08/26/1994)

March 2, 1994

March 2, 1994

28

Judge A. D. Mazzone. Order of Appointment of counsel for the Class of 48 + 1 entered. (tmc) Modified on 09/07/1994 (Entered: 08/26/1994)

March 11, 1994

March 11, 1994

29

Letter by Robert D. Keefe dated: 4/8/94 to: Judge Mazzone re: Order of Appointment of Counsel, filed. (tmc) (Entered: 08/26/1994)

April 8, 1994

April 8, 1994

30

Letter by Robert D. Keefe dated: 4/8/94 to: Mr. Pardee re: opposition to be filed within the next two weeks, filed. (tmc) (Entered: 08/26/1994)

April 8, 1994

April 8, 1994

31

Response by Class of 48 + 1 in opposition to [14-1] motion to modify consent decree, filed. (tmc) (Entered: 08/26/1994)

April 25, 1994

April 25, 1994

32

Letter by William L. Pardee dated: 5/5/94 to: Ms. Whitney re: requesting expedited action on motion to modify, filed. (tmc) Modified on 08/26/1994 (Entered: 08/26/1994)

May 5, 1994

May 5, 1994

33

Letter by Robert D. Keefe dated: 5/9/94 to: Ms. Whitney re: responding to Commonwealth's letter, filed. (tmc) (Entered: 08/26/1994)

May 9, 1994

May 9, 1994

Motion hearing re: [14-1] motion to modify consent decree, [13-1] motion to consolidate cases with CA-72-788, [12-1] motion to reopen and assign case. (tmc) Modified on 09/07/1994 (Entered: 08/26/1994)

May 27, 1994

May 27, 1994

34

Judge A. D. Mazzone . Clerk's Notes: re: motion hearing: granting [12-1] motion to reopen and assign case granting [13-1] motion to consolidate cases with CA-72-788 denying [14-1] motion to modify consent decree. Parties should file written submissions. Court Reporter: Jill Ruggieri (tmc) Modified on 09/07/1994 (Entered: 08/26/1994)

May 27, 1994

May 27, 1994

Judge A. D. Mazzone . Endorsed Order entered granting [12-1] motion to reopen and assign case granting [13-1] motion to consolidate cases with CA-72-788 denying [14-1] motion to modify consent decree . (tmc) Modified on 09/07/1994 (Entered: 08/26/1994)

May 27, 1994

May 27, 1994

Consolidated Member Case. . Lead Case Number: 1cv72 788 (tmc) (Entered: 08/26/1994)

May 27, 1994

May 27, 1994

Proposals for the treatment center filed. received for docketing on 9/7/95. (sad) (Entered: 09/08/1995)

June 7, 1994

June 7, 1994

Statement filed. received for docketing on 9/7/95... (sad) (Entered: 09/08/1995)

June 7, 1994

June 7, 1994

35

Judge A. D. Mazzone. Memorandum and Order entered. See CA-72-788 for details...document #170. cc/cl (tmc) (Entered: 08/26/1994)

Aug. 18, 1994

Aug. 18, 1994

36

Letter dated: 8/22/94 from Paul N. Smith to: Mr. Pardee re: meeting with Mr. Gleason on 8/16/94, filed. (tmc) (Entered: 08/26/1994)

Aug. 24, 1994

Aug. 24, 1994

Case reopened. (motion to reopen was allowed 5/27/94...for statistical purposes the reopened date had to be this month since the case was never on the system) (tmc) (Entered: 08/26/1994)

Aug. 26, 1994

Aug. 26, 1994

37

Letter dated: 8/16/94 to: Clerk re: grievance , from Stephen Szargowice, filed. (sad) (Entered: 09/02/1994)

Aug. 29, 1994

Aug. 29, 1994

38

Letter dated: 9/2/94 to: Clerk re: consent decree's and order , of May 27,1994, from Eugene F Rector, filed. (sad) Modified on 09/06/1995 (Entered: 09/13/1994)

Sept. 12, 1994

Sept. 12, 1994

39

Letter dated: 9/9/94 to: Clerk re: copies documentation From Mary E Metrick, filed. (sad) Modified on 09/06/1995 (Entered: 09/13/1994)

Sept. 12, 1994

Sept. 12, 1994

40

Letter dated: 9/13/94 to: Judge Mazzone re: personal letter to the court from the class of 48-1 , filed. (sad) Modified on 09/06/1995 (Entered: 09/27/1994)

Sept. 13, 1994

Sept. 13, 1994

41

Letter dated: 9/14/94 to: Judge Mazzone re: personal letter to the court from the class of 48-1 , filed. (sad) Modified on 09/06/1995 (Entered: 09/27/1994)

Sept. 14, 1994

Sept. 14, 1994

42

Letter dated: 9/20/04 to: Judge Mazzone re: personal letter to the court from the class of 48-1 , filed. (sad) Modified on 09/06/1995 (Entered: 09/27/1994)

Sept. 20, 1994

Sept. 20, 1994

44

Letter dated: 9/29/94 to: Judge Mazzone re: personal letter to the court from the class of 48-1 , filed. (sad) Modified on 09/06/1995 (Entered: 10/18/1994)

Sept. 29, 1994

Sept. 29, 1994

Personal letter to court from the class of 48-1 filed. received for docketing on 9/7/95. (sad) (Entered: 09/08/1995)

Oct. 5, 1994

Oct. 5, 1994

45

Letter dated: 11/9/94 to: Clerk re: motion for contempt , filed. (sad) Modified on 09/06/1995 (Entered: 11/14/1994)

Nov. 14, 1994

Nov. 14, 1994

46

RENEWED Motion by Michael Lesiak in 1:72-cv-00571, Charles W. Gaughan in 1:72-cv-00571, John P. Kerle in 1:72-cv-00571, Milton Greenblatt in 1:72-cv-00571, John O. Boone in 1:72-cv-00571 to modify consent decrees , filed. (sad) Modified on 09/06/1995 (Entered: 11/16/1994)

Nov. 16, 1994

Nov. 16, 1994

47

Memorandum by Michael Lesiak in 1:72-cv-00571, Charles W. Gaughan in 1:72-cv-00571, John P. Kerle in 1:72-cv-00571, Milton Greenblatt in 1:72-cv-00571, John O. Boone in 1:72-cv-00571 in support of [26-1] motion to modify consent decrees , filed. (sad) Modified on 09/06/1995 (Entered: 11/16/1994)

Nov. 16, 1994

Nov. 16, 1994

48

Motion by Michael Lesiak in 1:72-cv-00571, Charles W. Gaughan in 1:72-cv-00571, John P. Kerle in 1:72-cv-00571, Milton Greenblatt in 1:72-cv-00571, John O. Boone in 1:72-cv-00571 to vacate [35-1] memorandum order , filed. (sad) Modified on 09/06/1995 (Entered: 11/16/1994)

Nov. 16, 1994

Nov. 16, 1994

49

Memorandum by Michael Lesiak in 1:72-cv-00571, Charles W. Gaughan in 1:72-cv-00571, John P. Kerle in 1:72-cv-00571, Milton Greenblatt in 1:72-cv-00571, John O. Boone in 1:72-cv-00571 in support of [28-1] motion to vacate [35-1] memorandum order , filed. (sad) Modified on 09/06/1995 (Entered: 11/16/1994)

Nov. 16, 1994

Nov. 16, 1994

50

Affidavit , of Mark A Fridovich, filed. (sad) Modified on 09/06/1995 (Entered: 11/16/1994)

Nov. 16, 1994

Nov. 16, 1994

51

Affidavit, of Roger Smith, with exhibit A,B and Addendum of Exhibits, filed. (sad) Modified on 09/06/1995 (Entered: 11/16/1994)

Nov. 16, 1994

Nov. 16, 1994

52

Response to comments of the Special Master on the plan for administration of the treatment center filed (sad) Modified on 09/06/1995 (Entered: 11/17/1994)

Nov. 17, 1994

Nov. 17, 1994

53

Judge A. D. Mazzone . Memorandum and Order entered. cc/cl (sad) Modified on 09/06/1995 (Entered: 11/18/1994)

Nov. 17, 1994

Nov. 17, 1994

54

Letter dated: 11/13/94 to: clerk re: conditions of treatment center , filed. (sad) Modified on 09/06/1995 (Entered: 11/23/1994)

Nov. 22, 1994

Nov. 22, 1994

56

Response by Michael Lesiak in 1:72-cv-00571, Charles W. Gaughan in 1:72-cv-00571, John P. Kerle in 1:72-cv-00571, Milton Greenblatt in 1:72-cv-00571, John O. Boone in 1:72-cv-00571 in opposition to [28-1] motion to vacate [35-1] memorandum order , filed. (sad) Modified on 09/06/1995 (Entered: 12/13/1994)

Dec. 9, 1994

Dec. 9, 1994

57

Letter by Sherman Miller in 1:72-cv-00571 dated: 12/9/94 to: Judge Mazzone re: clarification , filed. (sad) Modified on 09/06/1995 (Entered: 12/13/1994)

Dec. 13, 1994

Dec. 13, 1994

58

Judge A. D. Mazzone . Memorandum and Order entered. For all of the foregoing reasons, I will wait for the conclusion of the pending appeal before ruling on the Commonwealth's motions , So Ordered cc/cl (sad) Modified on 09/06/1995 (Entered: 12/19/1994)

Dec. 19, 1994

Dec. 19, 1994

59

Letter dated: 12/15/94 to: Clerk re: motion for contempt , filed. (sad) Modified on 09/06/1995 (Entered: 12/20/1994)

Dec. 19, 1994

Dec. 19, 1994

60

Letter dated: 1/6/95 to: Ms. Talmers re: motion for contempt , filed. (sad) Modified on 09/06/1995 (Entered: 01/11/1995)

Jan. 11, 1995

Jan. 11, 1995

Terminated document terminating [17-1] motion to show cause, terminating [17-2] motion for appointment of counsel Requested by PJL. (sad) (Entered: 04/10/1995)

March 31, 1995

March 31, 1995

61

RENEWED Motion by Harold Williams in 1:72-cv-00571, Thomas Minervino in 1:72-cv-00571, James M. Kater in 1:72-cv-00571 for appointment of counsel , filed. (sad) Modified on 09/06/1995 (Entered: 04/18/1995)

April 17, 1995

April 17, 1995

62

Motion by Harold Williams in 1:72-cv-00571, Thomas Minervino in 1:72-cv-00571, James M. Kater in 1:72-cv-00571 to stay , filed. (sad) Modified on 09/06/1995 (Entered: 04/18/1995)

April 17, 1995

April 17, 1995

63

Letter dated: 4/14/95 to: Judge Mazzone re: treatment center , from David A Segueira, filed. (sad) Modified on 09/06/1995 (Entered: 04/20/1995)

April 20, 1995

April 20, 1995

64

Request for expedited decision filed c/s (sad) Modified on 09/06/1995 (Entered: 05/02/1995)

May 1, 1995

May 1, 1995

Judge A. D. Mazzone . Endorsed Order entered denying [46-1] motion to stay . cc/cl (sad) (Entered: 05/03/1995)

May 2, 1995

May 2, 1995

Judge A. D. Mazzone . Endorsed Order entered denying [45-1] motion for appointment of counsel . cc/cl (sad) (Entered: 05/03/1995)

May 2, 1995

May 2, 1995

65

Letter by Sherman Miller in 1:72-cv-00571 dated: 5/3/95 to: Mr. Lyons re: motion to stay proceedings , filed. (sad) Modified on 09/06/1995 (Entered: 05/08/1995)

May 8, 1995

May 8, 1995

66

Defendants' response to May 17,1995 report of the special master filed (sad) Modified on 09/06/1995 (Entered: 06/16/1995)

June 15, 1995

June 15, 1995

67

Motion to intervene by to case(s) 1:72-cv-00571, Sherman Miller in 1:72-cv-00571 , filed. (sad) Modified on 09/06/1995 (Entered: 06/22/1995)

June 19, 1995

June 19, 1995

68

Affidavit of Sherman Miller in 1:72-cv-00571 , re: [51-1] motion to intervene by to case(s) 1:72-cv-00571, Sherman Miller in 1:72-cv- 00571 , filed. (sad) Modified on 09/06/1995 (Entered: 06/22/1995)

June 19, 1995

June 19, 1995

69

Memorandum of law by Sherman Miller in 1:72-cv-00571 re: in support of motion to intervene filed. (sad) Modified on 09/06/1995 (Entered: 06/22/1995)

June 19, 1995

June 19, 1995

70

Motion by Sherman Miller in 1:72-cv-00571 for leave to file corrected pleadings , filed. (sad) Modified on 09/06/1995 (Entered: 06/28/1995)

June 27, 1995

June 27, 1995

71

Motion by Sherman Miller in 1:72-cv-00571 to intervene by Sherman Miller in 1:72-cv-00571 , filed. (sad) Modified on 09/06/1995 (Entered: 06/28/1995)

June 27, 1995

June 27, 1995

72

Judge A. D. Mazzone . Memorandum and Order, I will hold a hearing in 60 days to evaluate the progress of the implementation and to evaluate the need for additional judicial intervention to rectify existing problems, entered. cc/cl (sad) Modified on 09/06/1995 (Entered: 06/29/1995)

June 29, 1995

June 29, 1995

73

Notice of appeal by Sherman Miller in 1:72-cv-00571 filed. Appeal record due on 8/24/95 (filed also by David Martel Norman Knight, Wayne Raymond, Eric Gallagher, Richard Moseley, Patton Flannery, Michael Woodward, Edward Nadeau, Philip Pizzo & James LeBlanc). (fmr) Modified on 09/06/1995 (Entered: 07/31/1995)

July 25, 1995

July 25, 1995

74

Letter dated: 7/28/95 to: Judge Mazzone re: motion for stay , filed. (sad) Modified on 09/06/1995 (Entered: 07/28/1995)

July 28, 1995

July 28, 1995

75

Motion by Class of 48 + 1 in 1:72-cv-00571 to strike , filed. (sad) Modified on 09/06/1995 (Entered: 07/28/1995)

July 28, 1995

July 28, 1995

76

Judge A. D. Mazzone . Memorandum and Order entered. In accordance with the above, the parties are directed to continue their settlement discussions with the assistance of the Special Master. Failing agreement, I will begin hearings on ay unresolved matters on 9/14/95, as previously scheduled. cc/cl (sad) Modified on 09/06/1995 (Entered: 07/31/1995)

July 31, 1995

July 31, 1995

Certified copy of docket and record on appeal forwarded to U.S. Court of Appeals re: [59-1] appeal . (fmr) (Entered: 08/04/1995)

Aug. 2, 1995

Aug. 2, 1995

Notice of Docketing Record on Appeal from USCA re: , received. USCA NUMBER: 95-1813 (fmr) (Entered: 08/07/1995)

Aug. 2, 1995

Aug. 2, 1995

77

Response by Michael Lesiak in 1:72-cv-00571, Charles W. Gaughan in 1:72-cv-00571, John P. Kerle in 1:72-cv-00571, Milton Greenblatt in 1:72-cv-00571, John O. Boone in 1:72-cv-00571 in opposition to [55-1] motion to intervene by Sherman Miller in 1:72-cv-00571 , filed. (sad) Modified on 09/06/1995 (Entered: 08/08/1995)

Aug. 4, 1995

Aug. 4, 1995

Transmitted supplemental record on appeal: re: . (fmr) (Entered: 08/08/1995)

Aug. 8, 1995

Aug. 8, 1995

78

Motion by Sherman Miller in 1:72-cv-00571 for leave to file reply brief , filed. (sad) Modified on 09/06/1995 (Entered: 08/14/1995)

Aug. 14, 1995

Aug. 14, 1995

79

Judge A. D. Mazzone . Memorandum and Order, Given the appointment of counsel, I take no action at this time on the motion to intervene. I expect that Mr. Donelan and Day, Berry & Howard will participate in all further discussions among the parties, entered. cc/cl (sad) Modified on 09/06/1995 (Entered: 08/18/1995)

Aug. 17, 1995

Aug. 17, 1995

80

Judge A. D. Mazzone . Memorandum and Order entered. cc/cl re: De Wolf's motion.... (sad) Modified on 09/06/1995 (Entered: 08/18/1995)

Aug. 17, 1995

Aug. 17, 1995

81

Judge A. D. Mazzone . Memorandum and Order entered. re: Gagney's motion. cc/cl (sad) Modified on 09/06/1995 (Entered: 08/18/1995)

Aug. 17, 1995

Aug. 17, 1995

USCA appeal fees received Fee Status: pd Fee Amount: $ 105.00 Receipt #: 110963 (fmr) (Entered: 08/31/1995)

Aug. 18, 1995

Aug. 18, 1995

Case Details

State / Territory: Massachusetts

Case Type(s):

Mental Health (Facility)

Key Dates

Filing Date: Feb. 15, 1972

Closing Date: 1999

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Inmates/residents at the Treatment Center for Sexually Dangerous Persons in Bridgewater, Massachusetts

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

Massachusetts (Bridgewater, Plymouth), State

Case Details

Causes of Action:

42 U.S.C. § 1983

Constitutional Clause(s):

Due Process

Cruel and Unusual Punishment

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: 1974 - 1999

Issues

General:

Bathing and hygiene

Habilitation (training/treatment)

Recreation / Exercise

Sanitation / living conditions

Staff (number, training, qualifications, wages)

Crowding:

Crowding / caseload

Medical/Mental Health:

Medical care, general

Medical care, unspecified

Mental health care, unspecified

Type of Facility:

Government-run