Case: Inmates of Occoquan v. Barry

1:86-cv-02128 | U.S. District Court for the District of Columbia

Filed Date: Aug. 4, 1986

Case Ongoing

Clearinghouse coding complete

Case Summary

On August 4, 1986, the prisoners at the Occoquan Facilites of the District of Columbia's Lorton Correctional Complex filed this class action lawsuit in the U.S. District Court of the District of Columbia. The plaintiffs sued the District of Columbia government officials responsible for these medium security facilities in violation of 42 U.S.C. § 1983. The plaintiffs alleged that overcrowding at the facility violated their Eighth Amendment rights, and that the District of Columbia repeatedly fai…

On August 4, 1986, the prisoners at the Occoquan Facilites of the District of Columbia's Lorton Correctional Complex filed this class action lawsuit in the U.S. District Court of the District of Columbia. The plaintiffs sued the District of Columbia government officials responsible for these medium security facilities in violation of 42 U.S.C. § 1983. The plaintiffs alleged that overcrowding at the facility violated their Eighth Amendment rights, and that the District of Columbia repeatedly failed to meet the standard of decent and humane prison conditions. Represented by ACLU National Prison Project attorneys and private counsel, the prisoners sought declaratory and injunctive relief. Specifically, the plaintiffs alleged that their rights were being violated by reason of an excessive inmate population and by deficiencies in environmental health and safety, food services, fire safety, medical and dental care, and mental health services. The case was assigned to Judge June L. Green.

This case is closely related to two other prisoner class action cases John Doe v. District of Columbia (PC-DC-0007) and Twelve John Does v. District of Columbia (PC-DC-0008). Both challenged conditions at other components of the Lorton Correctional Complex and were litigated in the D.C. District Court at the same time.

On August 13, 1986, Judge Green certified a plaintiff class that included present and future persons confined to the Occoquan Facilities.

Following trial and post-trial briefing, Judge Green awarded judgment in plaintiffs' favor on December 22, 1986. Inmates of Occuquan v. Barry, 650 F. Supp. 619 (D.D.C. 1986). Judge Green found that the numerous deficiencies alleged by the plaintiffs were proven to be systemic in nature and, together with chronic overcrowding, subjected plaintiffs to cruel and unusual punishment. To remedy this Eighth Amendment violation, the judge imposed:

- limits to the inmate population, both for the individual dormitories comprising the three Occuquan Facilities and for the institution, cumulatively.

- that defendants must provide the Court with written reports. The reports were to address (1) planned compliance with the population caps; and (2) every thirty days, the steps being taken to address the institution's many deficiencies.

In evaluating the evidence before her, Judge Green frequently referred to standards established by professional correctional, health, and safety associations. Her opinion concluded by encouraging the defendants to adopt a goal of compliance with these professional standards. The defendants appealed to the U.S. Court of Appeals for the District of Columbia Circuit.

On April 12, 1988, that appellate court, in a 2-1 decision (with its opinion written by Judge Kenneth Starr), vacated the District Court's ruling and remanded the case back to the trial court for further proceedings. Inmates of Occuquan v. Barry, 844 F.2d 828 (D.C. Cir. 1988). Judge Starr wrote that the lower court's repeated reliance on professional agencies' standards erroneously failed to focus on whether prison deficiencies equated to deprivations of "minimal civilized measure of life's necessities." Additionally, the appellate majority ruled that the district court exceeded its equitable powers by imposing population caps without first seeking to specifically correct deficiencies that the court had identified as constitutional violations. District Judge Harold H. Greene, sitting by designation on the appellate panel, filed a dissent.

The plaintiffs sought a rehearing of the panel's ruling by the entire District Columbia Circuit Court of Appeals, but this en banc review request was denied on July 8, 1988. Inmates of Occuquan v. Barry, 850 F.2d 796 (D.C. Cir. 1988). Circuit Judge Starr filed an opinion concurring in the denial, and separate dissenting opinions were filed by Circuit Judges Pamela Wald and Ruth Bader Ginsburg.

Upon remand, the District Court (Judge Green) conducted a trial. Afterward, on June 30, 1989, she ruled that Eighth Amendment violations had been proven as to matters of sanitation, bathroom facilities, fire safety, health care, and staffing. Constitutional violations had not been proven regarding food services, inmate jobs, educational and drug programming, library facilities, and general idleness. Inmates of Occuquan v. Barry, 717 F. Supp. 854, 865-868 (D.D.C. 1989). The judge required the defendants to file a written report of how they anticipated correcting the constitutional violations. Additionally, Judge Green ordered the defendants not to cause the institution's population to exceed the level as of the date of her decision, in that then-planned renovations of certain dorms otherwise could cause population stress as inmates were shifted among available facilities.

Over the next decade, in most years, the case generated occasional proposals, motions, and agreed-upon and supplemental plans, as well as consent orders and other orders addressing institutional conditions. These documents can be found in this Clearinghouse record, in documents 2 through 21. The 119-page court docket reflects that Special Officers of the Court were appointed during the litigation, including Grace M. Lopes and Karen M. Schneider, to act as Masters aiding the court.

Included among the post-trial documents is a December 18, 1989, agreed plan by the parties to address deficiencies in hygiene, sanitation, ventilation, asbestos presence, fire safety, health care, mental health services, and physical safety. The plan was approved by Judge Green on December 21, 1989, as partial remediation. A supplemental agreed plan filed by the parties on January 26, 1990, addressed environmental health issues (lighting and airborne disease risks), fire safety and health care staffing. It, too, was approved by Judge Green as partial remediation, but her February 7, 1990, order added that monetary penalties would be imposed upon the defendants if they excessively delayed their compliance.

During 1993 and 1994, the parties' counsel met with Special Master Grace Lopes and agreed, in filings of August 1, 1993, and April 8 and December 14, 1994, that monthly reports would be filed with the Special Master describing the mental health care provided at the Occoquan Facilities.

The defendants' progress in complying with remedial directives lagged, which led to plaintiffs' filing in 1995 a contempt motion and a resultant supplemental plan agreed upon by the parties and made effective via a December 15, 1995 consent order. In the order, Judge Green imposed required correctional officer staffing levels, dormitory population limits, required a security audit, made provision for improving protected inmate separation from disciplined inmates, and addressed mental health issues. She directed development of an institutional mental health care plan, set a minimum level of psychologist staffing, ordered improved tracking and recall of inmates receiving psychological services, and called for medical record consolidation and mental health screenings of all inmates. Bimonthly compliance reports were required by the order, which also set a contempt fine schedule for instances of non-compliance and provided for defendants' payment of plaintiffs' attorney fees, as well as expert and monitoring expenses, resulting from prosecuting contempt or related proceedings due to defendants' non-compliance.

On July 23, 1996, a consent order similarly provided that defendants pay such fees and expenses relating to non-compliance; however, this order largely dealt with environmental health and fire safety issues. It directed plumbing repairs, water temperature improvements, a preventive maintenance plan, ventilation repairs, carbon dioxide monitoring, window/screen and kitchen equipment repairs, housekeeping and vermin control plans, mattress sanitization and fireproofing, availability of cleaning supplies, correctional officer training, kitchen wall cleaning, and food temperature improvements, and set required distances between inmates' beds to limit air borne disease transmission. Judge Green also allowed for plaintiffs' compliance inspection of facilities, with 24-hour prior notice. Her fire safety directives included smoke detector, alarm, dryer vent and lighting repairs, certain structural improvements, an operational fire alarm system, and fire drills and evacuation plans. Bi-monthly reporting of compliance progress was also required.

Two notable orders were entered with the parties' consent in 1997. Judge Green, on February 5, 1997, directed defendants to hire a system-wide medical coordinator with powers to enable compliance with the court's health-related orders. The judge's November 20, 1997 order authorized the Special Master to form and retain an expert team at defendants' expense. The team would review and make recommendations on matters of security, workforce utilization, classification and safety, and maintenance and sanitation. This latter order set a date for opening a new adjustment unit to house prisoners on administrative and disciplinary segregation.

The following year, on January 20, 1998, a three judge panel of the District Court, including Judge Green, convened and granted a consent order adopting a population ceiling and related procedures for the institution. (The three-judge panel was a requirement for entry of such a ceiling, under the Prison Litigation Reform Act). Judge Green then, on February 5, 1998, amended her prior orders, upon the joint motion of the parties, to allow for a substituted correctional officer deployment plan and modification of ceiling numbers earlier set for beds per certain dorms. Continued use of a Special Master and the team of experts, at defendants' expense, was approved in order to provide management assistance, staffing and prisoner population limits, classification and maintenance aid, and to develop initiatives to limit prisoner idleness.

Proceedings in the case continued well into 2003, with responsibility for rulings by then having been accepted by District Judge William B. Bryant. On April 26, 2003, Judge Bryant order that the District of Columbia pay Covington & Burling $275,000 in settlement of all of plaintiffs' remaining claims for fees and costs associated with monitoring compliance with the Orders entered previously.

Throughout, occasional disbursements were made for Special Masters' and expert consultants' expenses and fees. These payments came from funds the defendants were periodically ordered to deposit into the court registry. In addition to these expenses, on one occasion a $40,000 payment from these defense-provided funds was directed by Judge Bryant to the Georgetown University Law Center for the operating expenses of the D.C. Family Literacy and Street Law programs. During this period, consent orders modifying prior orders relating to staffing, population, and institutional conditions were irregularly issued. The final docket entry presently in this database reflects receipt by the court of another deposit of funds by the defendants to the court's account for the funds to be paid to the Special Master. Since this deposit to the court's account in 2005, there has been no activity on this case, which indicates that the case is closed.

Summary Authors

Mike Fagan (4/9/2008)

Jonah Hudson-Erdman (9/12/2021)

Related Cases

John Doe v. District of Columbia, District of Columbia (1979)

Twelve John Does v. District of Columbia, District of Columbia (1980)

People


Judge(s)

Buckley, James Lane (District of Columbia)

Edwards, Harry Thomas (District of Columbia)

Ginsburg, Ruth Bader (District of Columbia)

Green, June Lazenby (District of Columbia)

Greene, Harold H. (District of Columbia)

Mikva, Abner Joseph (District of Columbia)

Robinson, Spottswood William III (District of Columbia)

Sentelle, David Bryan (District of Columbia)

Silberman, Laurence Hirsch (District of Columbia)

Starr, Kenneth Winston (District of Columbia)

Judge(s)

Buckley, James Lane (District of Columbia)

Edwards, Harry Thomas (District of Columbia)

Ginsburg, Ruth Bader (District of Columbia)

Green, June Lazenby (District of Columbia)

Greene, Harold H. (District of Columbia)

Mikva, Abner Joseph (District of Columbia)

Robinson, Spottswood William III (District of Columbia)

Sentelle, David Bryan (District of Columbia)

Silberman, Laurence Hirsch (District of Columbia)

Starr, Kenneth Winston (District of Columbia)

Wald, Patricia McGowan (District of Columbia)

Attorneys(s) for Plaintiff

Adams, Stuart H. Jr. (District of Columbia)

Aiyetoro, Adjoa A. (District of Columbia)

Alexander, Elizabeth R. (District of Columbia)

Bronstein, Alvin J. (District of Columbia)

Khan, Ayesha N. (District of Columbia)

Labson, Michael S. (District of Columbia)

Lasker, Eric G. (District of Columbia)

Ney, Steven (Maryland)

Pemberton, Alan A. (District of Columbia)

Reischel, Charles L. (District of Columbia)

Schwab, Edward E. (District of Columbia)

Attorneys(s) for Defendant

Amato, Maria-Claudia T. (District of Columbia)

Cooke, Frederick D. Jr. (District of Columbia)

Earle, William J. (District of Columbia)

Ferren, John M. (District of Columbia)

Freeman, Alexa P. (District of Columbia)

Grossman, Martin L. (District of Columbia)

King, Metcalfe C. (District of Columbia)

Koren, Edward I. (District of Columbia)

Krakoff, Jere (District of Columbia)

Love, Richard Stuart (District of Columbia)

McPherson, Lawrence G. (District of Columbia)

Nickles, Peter J. (District of Columbia)

Quander, Paul A. Jr. (District of Columbia)

Reid, Herbert O. Sr. (District of Columbia)

Ruff, Charles F.C. (District of Columbia)

Seymour, John F. (District of Columbia)

Valentine, George C. (District of Columbia)

Zielinski, Michael Edward (District of Columbia)

Documents in the Clearinghouse

Document

1:86-cv-02128

Docket

Inmates Occoquan v. Barry

Sept. 16, 2005

Sept. 16, 2005

Docket
1

1:86-cv-02128

Complaint

Aug. 4, 1986

Aug. 4, 1986

Complaint

1:86-cv-02128

Order

650 F.Supp. 619

Dec. 22, 1986

Dec. 22, 1986

Order/Opinion

1:86-cv-02128

79-01726

80-02136

Order

1987 WL 11422

May 20, 1987

May 20, 1987

Order/Opinion

1:86-cv-02128

Memorandum

Inmates Occoquan v. Barry

1987 WL 13349

June 29, 1987

June 29, 1987

Order/Opinion

87-05055

87-05295

Opinion

Inmates Occoquan v. Barry

U. S. Court of Appeals for the District of Columbia Circuit

844 F.2d 828

April 12, 1988

April 12, 1988

Order/Opinion

87-05055

87-05295

Order

Inmates Occoquan v. Barry

U. S. Court of Appeals for the District of Columbia Circuit

850 F.2d 796

July 8, 1988

July 8, 1988

Order/Opinion

1:86-cv-02128

Opinion

Inmates Occoquan v. Barry

717 F.Supp. 854

June 30, 1989

June 30, 1989

Order/Opinion
231

1:86-cv-02128

Proposed Plan for Implementation of the Court's June 30, 1989 Order

Dec. 14, 1989

Dec. 14, 1989

Pleading / Motion / Brief

1:86-cv-02128

Parties' Agreed Plan for Implementation of the Court's June 30, 1989 Order

Inmates Occoquan v. Barry

Dec. 18, 1989

Dec. 18, 1989

Settlement Agreement

Resources

Docket

Last updated June 3, 2022, 3:18 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT filed; summons (2) issued. (srl) (Entered: 08/05/1986)

Aug. 4, 1986

Aug. 4, 1986

2

MOTION by Plaintiffs for preliminary injunction ; Memorandum in support of motion; Declaration under Penalty of Perjury of E. Eugene Miller. (srl) (Entered: 08/05/1986)

Aug. 4, 1986

Aug. 4, 1986

MOTION by plaintiffs for Class Certification; Memorandum in support of motion. (srl) (Entered: 08/05/1986)

Aug. 4, 1986

Aug. 4, 1986

Case reopened (bjl) (Entered: 09/28/1988)

Sept. 6, 1988

Sept. 6, 1988

ALL PLEADINGS IN THIS CASE ARE BEING FILED AND DOCKETED IN CA 79-1726. ALL DOCKET ENTRIES PRIOR TO 11/18/89 WILL BE FOUND ON THE PAPER DOCKET. (ajr) (Entered: 11/18/1989)

Nov. 18, 1989

Nov. 18, 1989

218

REPLY by plaintiffs in 1:86-cv-02128 to response to schedule a hearing (jda) (Entered: 11/21/1989)

Nov. 21, 1989

Nov. 21, 1989

MOTION by defendants in 1:80-cv-02136 to extend time to 12/5/89 to file a response to plaintiffs' motions for findings of contempt and to adopt the Special Officer's findings of fact and to modify the Consent Decree (jda) (Entered: 11/24/1989)

Nov. 22, 1989

Nov. 22, 1989

219

MOTION by defendants JAMES F. PALMER, MARION S. BARRY JR. in 1:86-cv-02128 for protective order (jda) (Entered: 11/28/1989)

Nov. 24, 1989

Nov. 24, 1989

220

ORDER by Judge June L. Green : granting motion to extend time to 12/5/89 to file a response to plaintiffs' motions for findings of contempt and to adopt the Special Officer's findings of fact and to modify the Consent Decree [372-1] by defendants in 1:80-cv-02136 (N) (jda) (Entered: 11/30/1989)

Nov. 28, 1989

Nov. 28, 1989

222

ORDER by Judge June L. Green : defendants' response to motion to shorten time to respond to plaintiffs' discovery requests due 11/27/89 in 1:86-cv-02128 ; (N) (jda) (Entered: 11/30/1989)

Nov. 28, 1989

Nov. 28, 1989

MOTION by Kathryn R. Monaco, Special Officer for compensation ; Affidavit (jda) (Entered: 11/30/1989)

Nov. 29, 1989

Nov. 29, 1989

221

RESPONSE by plaintiffs in 1:86-cv-02128 to motion for protective order [3-1] by MARION S. BARRY JR., JAMES F. PALMER in 1:86-cv- 02128 (jda) (Entered: 11/30/1989)

Nov. 29, 1989

Nov. 29, 1989

223

ORDER by Judge June L. Green : dismissing, as moot, plaintiffs' motion to document production request; directing parties to appear in Courtroom 7 on 12/15/89 at 10:00 for hearing on plaintiffs' motion to review defendants' plan to address the Court's previous orders in this matter (N) (jda) (Entered: 12/01/1989)

Nov. 29, 1989

Nov. 29, 1989

224

ORDER by Judge June L. Green : granting motion for protective order [219-1] by MARION S. BARRY JR., JAMES F. PALMER in 1:86-cv- 02128, 1:79-cv-01726; staying the depositions of William M. Plaut and Walter Ridley noticed for 11/30/89 and 12/1/89, until further order of this court; status hearing set for 3:00 12/4/89 in chambers (N) (jda) (Entered: 12/01/1989)

Nov. 30, 1989

Nov. 30, 1989

225

RESPONSE by defendants JAMES F. PALMER, MARION S. BARRY JR. in 1:86-cv-02128 to request for production of documents; Attachments (2) (jda) (Entered: 12/01/1989)

Nov. 30, 1989

Nov. 30, 1989

DEPOSIT by Corporation Counsel for defendant into the Registry of the Court $3609.75 pursuant to Court's Order of 11/7/89 in CA 80-2136 (jda) Modified on 12/04/1989 (Entered: 12/04/1989)

Dec. 1, 1989

Dec. 1, 1989

RESPONSE by defendants in 1:80-cv-02136 to plaintiffs' motions for finding of contempt and imposition of sanctions on environmental, medical and mental health issues, and to modify the consent decree's Officer Staffing Requirement (jda) (Entered: 12/06/1989)

Dec. 5, 1989

Dec. 5, 1989

226

ORDER by Judge June L. Green : directing Clerk of Court to pay to Kathryn R. Monaco the sum of $2,921.97 for services and expenses; payment to be made from $20,000.00 fund established by DC; directing DC to pay $2,921.97 to Clerk of Court by 12/21/89 to return balance to $20,000.00 in 1:79-cv-01726, in 1:80-cv-02136, in 1:81-cv-02072, in 1:86-cv-02128 (N) (cjp) (Entered: 12/15/1989)

Dec. 8, 1989

Dec. 8, 1989

REPLY by plaintiff TWELVE JOHN DOES and TWO JOHN DOES in 1:80-cv-02136to response to motion for finding of contempt and imposition of sanctions response [377-1] by defendant (mf) (Entered: 12/14/1989)

Dec. 11, 1989

Dec. 11, 1989

MOTION HEARING before Judge June L. Green : reporter: Gloria Williams (cjp) (Entered: 12/15/1989)

Dec. 12, 1989

Dec. 12, 1989

MOTION HEARING before Judge June L. Green : reporter: G Williams (jda) (Entered: 12/18/1989)

Dec. 12, 1989

Dec. 12, 1989

227

ORDER by Judge June L. Green : granting motion of plaintiff for Court's adoption of Special Officer's Reports as the Court's Findings of Fact on Environmental Health, Sanitation, Medical Services and Mental Health Programs at Lorton (N) (jda) (Entered: 12/18/1989)

Dec. 12, 1989

Dec. 12, 1989

228

ORDER by Judge June L. Green : granting plaintiffs' motion to Modify Consent Decree's Officer Staffing Requirement; allowing 45 days from date of this Order for defendants and Special Officer to submit a new officer staffing plan to the Court (N) (jda) (Entered: 12/18/1989)

Dec. 12, 1989

Dec. 12, 1989

229

RESPONSE by defendants JAMES F. PALMER, MARION S. BARRY JR. in 1:86-cv-02128 to deposition questions posed to Director Ridley; Attachment (jda) (Entered: 12/18/1989)

Dec. 13, 1989

Dec. 13, 1989

230

ORDER by Judge June L. Green : adopting the Special Officer's Reports as to the Court's Findings of Fact on Environmental Health and Sanitation, Medical Services and Mental Health Programs at Lorton; setting forth time tables, directing defendants to take certain actions regarding Environmental Health and Sanitation, Medical Services and Mental Health Programs at Lorton Central; directing that full expenses of all foregoing measures shall be borne by the District of Columbia; defendants shall pay plaintiffs' counsel reasonable attorney's fees and costs associated with this motion (N) (jda) (Entered: 12/18/1989)

Dec. 14, 1989

Dec. 14, 1989

MOTION HEARING before Judge June L. Green : Motion by plaintiff for hearing on "A Plan" for implementation of the Court's Order of 6/30/89 Order heard; Plaintiff shall submit agreed upon Plan by 12/19/89; defendant shal submit supplemental submission by 1/24/89 in CA 86- 2128 reporter: G Williams (jda) (Entered: 12/19/1989)

Dec. 15, 1989

Dec. 15, 1989

MOTION by Kathryn R. Monaco, Special Officer for compensation (jda) (Entered: 12/19/1989)

Dec. 18, 1989

Dec. 18, 1989

MOTION by Kathryn R. Monaco, Special Officer for an increase in fees (jda) (Entered: 12/19/1989)

Dec. 18, 1989

Dec. 18, 1989

MOTION by Kathryn R. Monaco; Special Officer to expend funds ; Attachment (jda) (Entered: 12/19/1989)

Dec. 18, 1989

Dec. 18, 1989

231

PROPOSED PLAN by plaintiffs in CA 86-2128 for implementation of the Court's 6/30/89 Order filed nunc pro tunc to 12/14/89; Declarations (5) (fiat) GREEN, J. (jda) (Entered: 12/21/1989)

Dec. 19, 1989

Dec. 19, 1989

232

ORDER by Judge June L. Green in CA 86-2128: directing the entry of Agreed Plan as partial satisfaction of the Court's requirement that defendants submit a plan to remedy the unconstitutional conditions found by the Court (N) (jda) Modified on 12/22/1989 (Entered: 12/22/1989)

Dec. 21, 1989

Dec. 21, 1989

233

ORDER by Judge June L. Green : granting motion to expend funds [17- 1] by Special Officer (N) (jda) (Entered: 12/27/1989)

Dec. 21, 1989

Dec. 21, 1989

234

ORDER by Judge June L. Green : directing the Clerk to pay Kathryn R. Monaco the total sum of $2,622.50 for services and $1,097.50 for services of the investigative assistant [15-1] (N) (jda) (Entered: 12/27/1989)

Dec. 21, 1989

Dec. 21, 1989

235

ORDER by Judge June L. Green : granting motion for an increase in fees [16-1] of the Special Officer (N) (jda) (Entered: 12/27/1989)

Dec. 21, 1989

Dec. 21, 1989

DEPOSIT in CA 79-1726 by defendant DC into the Registry of the Court $2,921.97 pursuant to Court's Order of 12/8/89 (jda) (Entered: 01/03/1990)

Dec. 29, 1989

Dec. 29, 1989

236

NOTICE OF FILING by defendants JAMES F. PALMER, MARION S. BARRY JR. in 1:86-cv-02128 of declaration of Renfield Carter (jda) (Entered: 01/03/1990)

Jan. 2, 1990

Jan. 2, 1990

NOTICE OF FILING by defendant DC in 1:79-cv-01726 of certification and Department of Corrections, Service Order; Attachment (jda) (Entered: 01/11/1990)

Jan. 10, 1990

Jan. 10, 1990

NOTICE OF FILING by defendant DC in 1:80-cv-02136 in response to Court's Order of 12/14/89; Attachment (jda) (Entered: 01/17/1990)

Jan. 16, 1990

Jan. 16, 1990

MOTION by Kathryn R. Monaco, Special Officer to expend funds (jda) (Entered: 01/19/1990)

Jan. 18, 1990

Jan. 18, 1990

237

ORDER by Judge June L. Green : directing the Special Officer to purchase certain equipment and present receipts to Clerk of Court for reimbursement or in the alternative, present this order to appropriate DC officials to purchase said equipment and present receipts to Special Officer who will submit said receipts to Clerk of Court [26-1] (N) (jda) (Entered: 01/26/1990)

Jan. 18, 1990

Jan. 18, 1990

238

ORDER by Judge June L. Green : granting motion of Special Officer to make one disbursement of $31,480.00 as soon as possible after date of this Order and equal disbursement of $29,500.00 on 4/1/90, 7/1/90 and 10/1/90 [27-1] (N) (jda) (Entered: 01/26/1990)

Jan. 18, 1990

Jan. 18, 1990

MOTION by plaintiff TWELVE JOHN DOES in 1:80-cv-02136 for attorney fee against defendants in 1:80-cv-02136 ; Affidavit (1); Exhibits (11) (ks) (Entered: 01/25/1990)

Jan. 23, 1990

Jan. 23, 1990

MOTION by Kathryn R. Monaco, Special Officer for compensation ; Affidavit (jda) (Entered: 01/26/1990)

Jan. 24, 1990

Jan. 24, 1990

239

ORDER by Judge June L. Green : directing Clerk of Court to pay Kathryn R. Monaco the total sum of $4,333.20 for expenses of Special Officer; said payment shall be made from the $20,000.00 fund established by DC (N) (jda) (Entered: 01/29/1990)

Jan. 25, 1990

Jan. 25, 1990

240

ORDER by Judge June L. Green : directing defendants to pay plaintiffs attorneys' fees and costs in the amount of $34,810.77 in 1:80-cv-02136 [388-1] (N) (jda) (Entered: 01/29/1990)

Jan. 25, 1990

Jan. 25, 1990

241

NOTICE OF FILING by parties in 1:86-cv-02128 of supplemental agreed plan for implementation of the Court's 6/30/89 Order (jda) (Entered: 01/29/1990)

Jan. 26, 1990

Jan. 26, 1990

242

RESPONSE by defendant JAMES F. PALMER, defendant MARION S. BARRY JR. in 1:86-cv-02128 to specific provisions of plaintiffs' proposed plan for implementation of the Court's 6/30/89 Order; Attachment (jda) (Entered: 01/29/1990)

Jan. 26, 1990

Jan. 26, 1990

NOTICE OF FILING by defendant DC in 1:80-cv-02136 pursuant to Court's Order of 12/12/89; Attachment (jda) (Entered: 01/29/1990)

Jan. 26, 1990

Jan. 26, 1990

MOTION by defendants in 1:80-cv-02136 to extend time to 2/23/90 to respond to plaintiffs' motion for award of attorney's fees and costs (jda) (Entered: 02/06/1990)

Feb. 5, 1990

Feb. 5, 1990

MOTION by Kathryn R. Monaco, Special Officer for compensation ; Attachment (jda) (Entered: 02/07/1990)

Feb. 5, 1990

Feb. 5, 1990

NOTICE OF FILING by defendant DC in 1:80-cv-02136 of memoranda pursuant to Court's Order dated 12/14/89 (jda) (Entered: 02/07/1990)

Feb. 6, 1990

Feb. 6, 1990

243

ORDER by Judge June L. Green : that the Clerk of the Court pay Kathryn R. Monaco the total sum of $5,429.10, said total includes $4,274.60 for services and expenses of the Special Officer and $1,154.50 for the Services and expenses of the investigative assistant as stated in said motion; Said payment is to be made from the $20,000.00 fund established by the District of Columbia on or about 1/1/89 pursuant to an order by this Court (N) (jda) (Entered: 02/09/1990)

Feb. 7, 1990

Feb. 7, 1990

244

ORDER by Judge June L. Green : granting motion to extend time to 2/23/90 to respond to plaintiffs' motion for award of attorney's fees and costs [36-1] by defendants in 1:80-cv-02136 response to motion due 2/23/90 (N) (jda) (Entered: 02/09/1990)

Feb. 7, 1990

Feb. 7, 1990

245

ORDER by Judge June L. Green : in 1:86-cv-02128, supplementing Court's Order of 6/30/89 as follows: (1) defendants shall provide prisoners with 20 ft. candles of light in living areas, including prisoners in lower bunks of double bunks (2) By 4/1/90, defendants shall begin implementing a plan to assure that sleeping prisoners are protected from unnecessary risks of contracting airborne disease, etc., further ordered that if, within 90 days of entry of this Order, defendants fail to comply with the terms of the Court's Order of 12/21/89 as supplemented by this Order sanctions shall automatically be assessed against the defendants in the following amounts: $1,000 per violation per day for any unexcused violation of the provision concerning fire safety or personal safety, and $500.00 per violation per day for any unexcused violation of the provisions concerning environmental health of health care ; Attachment (N) (jda) (Entered: 02/10/1990)

Feb. 7, 1990

Feb. 7, 1990

246

REPLY by plaintiffs in 1:86-cv-02128 to response by defendants [34-1] to specific provisions of plaintiffs' proposed plan for implementation of the Court's 6/30/89 Order; Attachments (4) (jda) (Entered: 02/14/1990)

Feb. 13, 1990

Feb. 13, 1990

MOTION by defendant USA in 1:79-cv-01726 to modify Court Ordered population limit and for expedited response and hearing ; Attachment (jda) (Entered: 02/15/1990)

Feb. 15, 1990

Feb. 15, 1990

247

MOTION by defendant JAMES F. PALMER, defendant MARION S. BARRY JR. in 1:86-cv-02128 to amend Court Ordered population limit and for expedited response and hearing (jda) (Entered: 02/16/1990)

Feb. 15, 1990

Feb. 15, 1990

MOTION by Special Officer, Kathryn R. Monaco to transfer funds (jda) (Entered: 02/20/1990)

Feb. 16, 1990

Feb. 16, 1990

249

ORDER by Judge George H. Revercomb: directing plaintiffs to respond to defendant's motion for modification of Court Ordered Population Limit and to expedite response and hearing by 2/20/90; setting a hearing on this motion for 2/21/90 at 10:30 (N) (jda) Modified on 02/22/1990 (Entered: 02/22/1990)

Feb. 16, 1990

Feb. 16, 1990

248

RESPONSE by plaintiff in 1:86-cv-02128 to motion to modify Court Ordered population limit and for expedited response and hearing [43-1] by USA in 1:79-cv-01726; Attachments (5) (jda) (Entered: 02/20/1990)

Feb. 20, 1990

Feb. 20, 1990

MEMORANDUM by plaintiff JOHN DOE in 1:79-cv-01726 in opposition to motion to amend Court Ordered population limit and for expedited response and hearing [44-1] by MARION S. BARRY JR., JAMES F. PALMER; Attachments (2) (jda) (Entered: 02/20/1990)

Feb. 20, 1990

Feb. 20, 1990

250

ATTORNEY APPEARANCE for plaintiffs in 1:86-cv-02128 by Elizabeth Alexander (jda) (Entered: 02/23/1990)

Feb. 21, 1990

Feb. 21, 1990

MOTION HEARING before Judge June L. Green : Motions by defendants to modify court order population limits at DC Department of Corrections' Occoquan and Maximum Security Facilities heard and denied [43-1] [44-1] reporter: C Gansle (jda) (Entered: 02/23/1990)

Feb. 21, 1990

Feb. 21, 1990

251

ORDER by Judge June L. Green : denying defendants' motions to modify court ordered population limits at the Department of Corrections' Occoquan and Maximum Security Facilities [43-1] [44-1] (N) (jda) (Entered: 02/23/1990)

Feb. 21, 1990

Feb. 21, 1990

252

ORDER by Judge June L. Green : that the Clerk transfer one hundred fifty thousand dollars ($150,000.00) from the funds available when a treasury bill matures on 2/22/90 to the checking account of the Special Officer as trustee of the Lorton fund, it is further ordered that any remaining sum after the transfer be re-invested by the Clerk of the Court [46-1] (N) (jda) (Entered: 02/23/1990)

Feb. 21, 1990

Feb. 21, 1990

253

TRANSCRIPT (Excerpt) filed for dates of 2/21/90 reporter: C Gansle (jda) (Entered: 02/23/1990)

Feb. 22, 1990

Feb. 22, 1990

MOTION by parties in 1:80-cv-02136 for order (jda) (Entered: 02/23/1990)

Feb. 22, 1990

Feb. 22, 1990

254

REPLY by defendant JAMES F. PALMER, defendant MARION S. BARRY JR. in 1:86-cv-02128 to response to defendants' opposition to specific provisions of plaintiffs' proposed plan for implementation of the Court's 6/30/89 Order (jda) (Entered: 02/23/1990)

Feb. 22, 1990

Feb. 22, 1990

255

RESPONSE by plaintiffs in 1:86-cv-02128 to motion to modify Court- Ordered population limit and for expedited response and hearing; Attachments (5) (fiat) GREEN, J. (jda) (Entered: 02/27/1990)

Feb. 23, 1990

Feb. 23, 1990

256

ORDER by Judge June L. Green in CA 80-2136: vacating the Court's Order of 1/25/90, directing defendants to pay plaintiffs' attorneys' fees and costs in the sum of $30,000.00 (N) (jda) (Entered: 03/01/1990)

Feb. 26, 1990

Feb. 26, 1990

MOTION by Special Officer, Kathryn R. Monaco to transfer funds (jda) (Entered: 03/05/1990)

March 2, 1990

March 2, 1990

257

ORDER by Judge June L. Green : granting motion to transfer funds [56- 1] in 1:79-cv-01726; directing Clerk to transfer Two Hundred Thousand dollars ($200,000.00) from funds when a C.D. matures on 4/16/90, to the checking account of Special Officer as trustee of Lorton fund; directing Clerk of Court to re-invest any remaining sum after the transfer (N) (ks) (Entered: 03/07/1990)

March 6, 1990

March 6, 1990

258

ORDER by Judge June L. Green : directing defendants to modify fire alarm and smoke detection system and to provide a schematic of each dormitory; directing defendants to increased the number of hours a psychiatrist provides service at the facility and to provide certain numbers of officers at Occuquan; denying remainder of specific provisions requested in plaintiffs' proposed plan filed 12/14/89 and 12/19/89; seting sanctions of $1,000.00 per violation per day for each unexcused violation of provisions re: fire safety or personal safety and $500.00 per violation per day for each unexcused violation of any other provision of these orders if defants fail to comply, within 60 days of this Order, with the terms of the 6/30/89 Order as supplemented (N) (ajr) (Entered: 03/12/1990)

March 8, 1990

March 8, 1990

MOTION by Special Officer Kathryn Monaco for compensation Affidavit (ajr) (Entered: 03/13/1990)

March 12, 1990

March 12, 1990

259

ORDER by Judge June L. Green : granting motion for compensation [59- 1] in 1:79-cv-01726 directing the Clerk of Court to pay Special Officer the sum of $7,360.65 for services and expenses of Special Officer and services and expenses of investigative assistant; payment to be made from $20,000.00 fund established by D.C. (N) (ajr) (Entered: 03/19/1990)

March 14, 1990

March 14, 1990

260

ORDER by Judge June L. Green : vacating Court's Order of 3/14/90 directing payment of certain expenses; directing the Clerk of Court to pay Kathryn Monaco the sum of $7,360.65 for services and expenses , and directing the District of Columbia to pay the Clerk of Court $13,482.30 by 4/5/90 to reimburse the $20,000.00 fund (Perpetual Savings Acc't #50071687); directing the District of Columbia to pay $7,360.65 to the Clerk of Court by 4/5/90 to reimburse fund (Perpetual Savings Acc't #50072702) (N) (ajr) (Entered: 03/27/1990)

March 22, 1990

March 22, 1990

MOTION by Special Officer Kathryn Monaco to expend $20,000.00 of the Lorton Fund (ajr) (Entered: 03/30/1990)

March 29, 1990

March 29, 1990

261

ORDER by Judge June L. Green : granting motion to expend $20,000.00 of the Lorton Fund [62-1] in 1:79-cv-01726 to the Lorton Art Program, Inc.; directing Clerk of Court to transfer $20,000.00 from Lorton Fund, Perpetual Savings Bank account #50072602 to the checking account of Special Officer and the Special Officer shall make one disbursement of $20,000.00 as soon as possible after this order (N) (ajr) (Entered: 04/03/1990)

April 2, 1990

April 2, 1990

NOTICE OF FILING by defendant DC in 1:79-cv-01726 of documents pursuant to implementation of Order of 6/30/89. Attachment (ajr) (Entered: 04/04/1990)

April 3, 1990

April 3, 1990

MOTION by Special Officer Kathryn Monaco to vacate Order of 3/6/90 , and for order directing transfer of funds (ajr) (Entered: 04/04/1990)

April 4, 1990

April 4, 1990

MOTION by Special Officer Kathryn Monaco for compensation Affidavit (ajr) (Entered: 04/04/1990)

April 4, 1990

April 4, 1990

MOTION by Special Master Kathryn Monaco to amend order [29-1] (ajr) (Entered: 04/04/1990)

April 4, 1990

April 4, 1990

262

ORDER by Judge June L. Green : modifying Court's Order of 3/6/90, to require Clerk of Court to transfer $200,000.00 from maturing certificates of deposit to checking account of Special Officer on or about 6/15/90 instead of 4/16/90; directing Clerk of Court to re-invest remaining sums from maurint certificates of deposit; directing Clerk of Court to transfer $30,000.00 from Perpetual Savings Bank account #50072602 to the checking account of Special Officer (N) (ajr) (Entered: 04/06/1990)

April 5, 1990

April 5, 1990

263

AMENDED ORDER by Judge June L. Green : directing the Special Officer to purchase office equipment and present receipts to Clerk of Court for reimbursement from $20,000.00 fund established to pay Special Officer's fees and expenses or the Special Officer should present this Order to the appropriate D.C. officials to purchase said equipment and present receipts to the Special Officer, who, after review, will submit them to the Clerk of Court for payment; directing D.C. to pay Clerk an amount equal to expenditures for said equipment in order to return balance in this fund to $20,000.00; this payment be D.C. shall be amde within 14 days of payment by the Clerk (N) (ajr) (Entered: 04/06/1990)

April 5, 1990

April 5, 1990

264

ORDER by Judge June L. Green : directing Clerk of Court to pay to Kathryn Monaco the sum of $9,733.10 for services and expenses as Special Officer; payment shall be made from $20,000.00 fund pursuant to Order of 9/1/89; directing D.C. to pay $9,733.10 to Clerk of Court to return balance of fund to $20,000.00 (N) (ajr) (Entered: 04/06/1990)

April 5, 1990

April 5, 1990

MOTION by Special Officer Kathryn Monaco for compensation Affidavit (ajr) (Entered: 04/20/1990)

April 20, 1990

April 20, 1990

MOTION by Special Officer Kathryn Monaco to expend $1500.00 of the Lorton Fund for supplies for the inmate council (ajr) (Entered: 04/20/1990)

April 20, 1990

April 20, 1990

MOTION by Special Officer Kathryn Monaco to expend $125,000.00 of the Lorton Fund as follows: $100,000.00 for a Bonding Initiative Program, $10,000.00 for inmate tutoring, $15,000.00 for an intake program Exhibits (3) (ajr) (Entered: 04/20/1990)

April 20, 1990

April 20, 1990

265

ORDER by Judge June L. Green : granting motion to expend $125,000.00 of the Lorton Fund as follows: $100,000.00 for a Bonding Initiative Program, $10,000.00 for inmate tutoring, $15,000.00 for an intake program [73-1] in 1:79-cv-01726; directing the Special Officer to make the disbursements as soon as possible after the date of this order (N) (ajr) (Entered: 04/25/1990)

April 24, 1990

April 24, 1990

266

ORDER by Judge June L. Green : dircting the Clerk of Court to pay Kathryn Monaco the sum of $2,935.34 for services and expenses of Special Officer; payment to be made from $20,000.00 fund; directing D.C. to pay $2,935.34 to the Clerk of Court by 4/30/90 to return balance on deposit in fund to $20,000.00 (N) (ajr) (Entered: 04/25/1990)

April 24, 1990

April 24, 1990

267

ORDER by Judge June L. Green : granting motion to expend $1500.00 of the Lorton Fund for supplies for the inmate council [72-1] in 1:79-cv- 01726 (N) (ajr) (Entered: 04/25/1990)

April 24, 1990

April 24, 1990

DEPOSIT by defendant DC of $2,935.34 into the Registry of the Court pursuant to order of 4/24/90 (ajr) (Entered: 05/10/1990)

May 9, 1990

May 9, 1990

MOTION by plaintiff JOHN DOE in 1:79-cv-01726 to amend order directing defendants to modify fire alarm and smoke detection system and to provide a schematic of each dormitory; directing defendants to increased the number of hours a psychiatrist provides service at the facility and to provide certain numbers of officers at Occuquan; denying remainder of specific provisions requested in plaintiffs' proposed plan filed 12/14/89 and 12/19/89; seting sanctions of $1,000.00 per violation per day for each unexcused violation of provisions re: fire safety or personal safety and $500.00 per violation per day for each unexcused violation of any other provision of these orders if defants fail to comply, within 60 days of this Order, with the terms of the 6/30/89 Order as supplemented [58-1], order [58-2] (ajr) (Entered: 05/14/1990)

May 11, 1990

May 11, 1990

MOTION by Special Officer Kathryn Monaco for transfer of $175,000.00 from the fund maintained by the Clerk of Court to the Speical Officer's checking account for the Lorton Fund (ajr) (Entered: 05/15/1990)

May 14, 1990

May 14, 1990

268

ORDER by Judge June L. Green : granting motion for transfer of $175,000.00 from the fund maintained by the Clerk of Court to the Speical Officer's checking account for the Lorton Fund [78-1] in 1:79-cv- 01726 directing that the transfer of funds be made on or about 6/15/90 in 1:79-cv-01726, in 1:80-cv-02136, in 1:81-cv-02072, in 1:86-cv-02128 (N) (ajr) (Entered: 05/17/1990)

May 16, 1990

May 16, 1990

269

ORDER by Judge June L. Green : directing parties to confer to attempt to reach an agreement on attorneys' fees and costs issues , and status hearing set for 1:30 6/25/90 in 1:79-cv-01726, in 1:80-cv-02136, in 1:81-cv- 02072, in 1:86-cv-02128 ; (N) (ajr) (Entered: 05/30/1990)

May 24, 1990

May 24, 1990

MOTION by defendant DC in 1:79-cv-01726 to modify the plan for implementation of 6/30/89 Order (ajr) (Entered: 05/30/1990)

May 25, 1990

May 25, 1990

MOTION by Special Officer Kathryn Monaco for compensation Affidavit (ajr) (Entered: 05/30/1990)

May 29, 1990

May 29, 1990

270

ORDER by Judge June L. Green : directing the Clerk of Court to pay to Kathryn R. Monaco the sum of $10,604.37 for services and expenses of Special Officer , payment to be made from the $20,000.00 funds extablished pursuant to Court's order of 9/1/89 , and directing DC to pay to the Clerk of Court by 6/14/90 in 1:79-cv-01726, in 1:80-cv-02136, in 1:81-cv-02072, in 1:86-cv-02128 the sum of $10,604.37 to return the balance on deposit to this fund to $20,000.00; (N) (ajr) (Entered: 06/03/1990)

May 31, 1990

May 31, 1990

271

ORDER by Judge June L. Green : granting motion to modify the plan for implementation of 6/30/89 Order [80-1] by DC in 1:79-cv-01726 directing the Agreed Plan, Part A, Environmental Health, Section 1: Hygienic Facilities be modified to include the following ratio: one water closet per 8 prisoners with up to one half substitution with urinals; one lavatory (sink) per 8 prisoners and one showerr per 15 prisoners (N) (ajr) (Entered: 06/05/1990)

June 1, 1990

June 1, 1990

Case Details

State / Territory: District of Columbia

Case Type(s):

Prison Conditions

Key Dates

Filing Date: Aug. 4, 1986

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

All persons who are under the control of the District of Columbia Department of Corrections and who are confined at Occoquan or who may be so confined in the future

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

ACLU National (all projects)

ACLU National Prison Project

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

Department of Corrections Occoquan Facilities I, II, III (Lorton), Regional

District of Columbia, Regional

Defendant Type(s):

Corrections

Case Details

Causes of Action:

42 U.S.C. § 1983

Constitutional Clause(s):

Cruel and Unusual Punishment

Due Process

Availably Documents:

Trial Court Docket

Complaint (any)

Non-settlement Outcome

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Preliminary injunction / Temp. restraining order

Source of Relief:

Litigation

Amount Defendant Pays: 300,000

Content of Injunction:

Hire

Monitor/Master

Preliminary relief granted

Reporting

Issues

General:

Assault/abuse by residents/inmates/students

Bathing and hygiene

Counseling

Fire safety

Food service / nutrition / hydration

Sanitation / living conditions

Staff (number, training, qualifications, wages)

Crowding:

Post-PLRA Population Cap

Medical/Mental Health:

Bed care (including sores)

Dental care

Medical care, general

Mental health care, general

Type of Facility:

Government-run