Case: Twelve John Does v. District of Columbia

1:80-cv-02136 | U.S. District Court for the District of Columbia

Filed Date: Aug. 20, 1980

Closed Date: 2002

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Case Summary

On August 20, 1980, twelve inmates at the Central Facility of the District of Columbia Reformatory located in Lorton, Virginia, filed a class action lawsuit under 42 U.S.C. § 1983 against the District of Columbia Department of Corrections in the U.S. District Court for the District of Columbia. The plaintiffs asked the court for declaratory and injunctive relief, as well as money damages, alleging that their constitutional rights had been violated by a failure to protect inmates from actual and threatened physical violence inflicted on them by other inmates. They also claimed that the living conditions at the prison were unconstitutional, asserting that the prison had inadequacies in the areas of rehabilitative facilities, recreational facilities, classification procedures, overcrowding, lack of supervision, poor sanitation, wretched food, lack of a furlough program, lack of a work release program, drugs, and intoxication. They also claimed that inmates had unrestricted access to dangerous weapons.

About a year later, the parties entered into a consent decree, and on March 3, 1982, the District Court (Judge June Lazenby Green) ordered the defendants to notify all potential class members of the settlement terms. The consent decree, which was finalized and approved by the Court on April 28, 1982, provided for expansion of the jail to alleviate crowding, limits on double-celling of inmates, walk-through metal detectors to enhance security, hand frisking, an intercom system, perimeter surveillance, better lighting, increased staffing, improved classification procedures, improved sanitation (including plumbing, water, heating, ventilation, electricity, waste management, insect and rodent control, and clean mattresses), improved healthcare services, noise control, fire safety, safer food quality and preparation, improved programming and work options, a library, a school, record keeping, mental healthcare, and limits on the inmate population.

Later in the year, the plaintiffs asked the Court to find the defendants in non-compliance with the terms of the consent decree, and on December 20, 1982, the District Court (Judge Green) held that the defendants were still non-compliant in sever areas, including failure to install the metal detectors, reach sufficient staffing levels, re-work their classification procedures, expand the dormitory space, renovate dormitories, properly staff medical personnel, and provide rehabilitation and education to prisoners. The Court ordered that the defendants would be assessed $100 for each day of non-compliance with the provisions of the decree unless they fixed all these problems by a specified period of time for each problem.

On January 1, 1983, the parties entered into an amended consent decree in which the plaintiffs gave the defendants several more months in which to come into compliance with the terms of the decree, and the defendants agreed to pay a penalty of $250 per day for each day that they were late in complying with the terms of the decree.

The plaintiffs asked the Court to re-assess the maximum population levels for the facility, and on August 13, 1986, the Court (Judge Green) capped the prison dorm population at 1290 inmates. On May 20, 1987, Judge Green appointed John D. Fauntleroy to be the Special Master in this case and report to the District Court. Twelve John Does v. District of Columbia, No. 90-2136, 1987 WL 11422 (D.D.C. May 20, 1987).

On July 31, 1987, the District Court (Judge Green) held that the prison was so overcrowded that it was inappropriate for housing any additional prisoners, and therefore enjoined U.S. Attorney General Edwin A. Meese, III from sending any newly sentenced prisoners to the facility until the inmate population was back within the previously designated limits. The Court also imposed monetary sanctions against the defendants and held them in contempt. Twelve John Does v. District of Columbia, 668 F.Supp. 20 (D.D.C. 1987). The defendants appealed, and on March 11, 1988, the U.S. Court of Appeals for the District of Columbia Circuit (Judge Douglas Howard Ginsburg) reversed the injunction and remanded the case for reconsideration. The D.C. Circuit reasoned that since the District Court had previously dismissed the Attorney General from the lawsuit, they could not now reinstate him as a defendant in order to enjoin his behavior in this manner. Twelve John Does v. District of Columbia, 841 F.2d 1133 (D.C.Cir. 1988).

On remand, the defendants argued to the District Court that it was impossible for them to comply with the population cap and asked the Court to modify the decree. On August 1, 1988, the Court (Judge Green) ordered the defendants not to house any more prisoners at the prison and to reduce the inmate population by 150 persons each month until they were back in compliance with the population limits. Twelve John Does v. District of Columbia, No. 80-2136, 1988 WL 83163 (D.D.C. Aug. 1, 1988). The defendants appealed, and on August 26, 1988, the DC Circuit affirmed the District Court's decision. Twelve John Does v. District of Columbia, 855 F.2d 874 (D.C.Cir. 1988). On November 18, 1988, the DC Circuit (Judge Abner Joseph Mikva) further held that the population increase in the prison had been foreseeable, and that the defendants had failed to show any good faith effort to comply with the consent decree. Twelve John Does v. District of Columbia, 861 F.2d 295 (D.C.Cir. 1988).

One year later, the plaintiffs asked the District Court to modify the consent decree and require the defendants to hire more staff than the original consent decree had required, arguing that it was necessary due to the fact that the failure of the dormitory intercom system and the addition of a new dormitory was a material change of circumstances and made extra staffing necessary. On November 7, 1989, the District Court (Judge Green) granted the motion and ordered the defendants to hire the appropriate number of staff.

On December 17, 1990, the District Court approved a modification to the consent decree that had been agreed upon by both sides to the lawsuit. The modification, which was designed to address the impact of the new Modular 200 Unit being constructed at the prison, set out the plans for the physical characteristics and size of the new building, the population limit, the manner in which the facility would be used, the correct number of staff members that needed to be hired, food service plans, medical service plans, mental health service plans, recreation plans for inmates, religious services, law library access, telephone use, and shower use.

Two years later, the parties entered into another consent decree, which the District Court adopted on June 10, 1992. Under this decree, the defendants agreed to pay monetary sanctions if they failed to maintain six full-time physicians, four full-time psychologists, two full-time master's degree social workers, and one full-time physiatrist to evaluate the care of handicapped inmates. The defendants also agreed to provide special diets according inmate medical needs, a working ambulance, a computerized pharmacy system, EMT training for ambulance staff, and sick call at control cells. Six members of the plaintiff class disagreed with this settlement because they felt that the defendants should have to pay contempt sanctions for their violations of the decree. Those six inmates asked the District Court to certify them as a sub-class but granted them a protective order to prevent retaliation against them. They filed an appeal. On July 1, 1997, the D.C. Circuit affirmed the District Court's decision not to certify them as a sub-class but repealed the protective order, finding that there was no showing that these inmates were in danger of retaliation. Twelve John Does v. District of Columbia, 117 F.3d 571 (D.C.Cir. 1997).

On July 26, 1996, the District Court ordered the defendants to hire a system-wide medical coordinator that had to be approved by the Court. On February 26, 1997, the Court adopted a consent order concerning environmental health and sanitation conditions, requiring the defendants to adopt new inspection and abatement procedures. The Court noted that all other parts of the original consent decree were still in effect and that it was not appropriate to terminate prospective relief at that time.

In November, 2001, the Central Facility was permanently closed, and all of the inmates were moved to other facilities under the Federal Bureau of Prisons. Due to this closure, the District Court issued a consent order on May 7, 2002, vacating the orders that had been issued and dismissing the case.

	Document
1:80-cv-02136	Docket (PACER)	June 26, 2003	June 26, 2003 Docket
1:80-cv-02136	Complaint for Declaratory and Injunctive Relief and for Damages	Aug. 1, 1980	Aug. 1, 1980 Complaint
1:80-cv-02136	Proposed Order	Jan. 1, 1982	Jan. 1, 1982 Order/Opinion
1:80-cv-02136	Order	March 3, 1982	March 3, 1982 Order/Opinion
1:80-cv-02136	Joint Motion for Approval and Entry of Consent Decree	March 3, 1982	March 3, 1982 Pleading / Motion / Brief
1:80-cv-02136	Notification to Class Members of Proposed Settlement Agreement	March 3, 1982	March 3, 1982 Pleading / Motion / Brief
1:80-cv-02136	Amendments to Order for Class Notification of Proposed Settlement Agreement	March 5, 1982	March 5, 1982 Order/Opinion
1:80-cv-02136	Notification to Class Members of Proposed Settlement Agreement	March 5, 1982	March 5, 1982 Pleading / Motion / Brief
1:80-cv-02136	Final Settlement Agreement and Consent Decree	April 28, 1982	April 28, 1982 Settlement Agreement
1:80-cv-02136	Memorandum Order and Judgment	April 28, 1982	April 28, 1982 Order/Opinion

ECF Number	Description	Date	Link Date / Link
	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)	Nov. 18, 1989	Nov. 18, 1989 PACER
	REPLY by plaintiffs in 1:86-cv-02128 to response to schedule a hearing (jda)	Nov. 21, 1989	Nov. 21, 1989 PACER
372	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 PACER
	MOTION by defendants JAMES F. PALMER, MARION S. BARRY JR. in 1:86-cv-02128 for protective order (jda)	Nov. 24, 1989	Nov. 24, 1989 PACER
373	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 PACER
374	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 PACER
375	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 PACER
	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)	Nov. 29, 1989	Nov. 29, 1989 PACER
	MOTION by Kathryn R. Monaco, Special Officer for compensation ; Affidavit (jda)	Nov. 29, 1989	Nov. 29, 1989 PACER
376	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 PACER
	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	Dec. 1, 1989	Dec. 1, 1989 PACER
377	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 PACER
379	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 PACER
378	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 PACER
380	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 PACER
381	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 PACER
	MOTION HEARING before Judge June L. Green : reporter: G Williams (jda)	Dec. 12, 1989	Dec. 12, 1989 PACER
	MOTION HEARING before Judge June L. Green : reporter: Gloria Williams (cjp)	Dec. 12, 1989	Dec. 12, 1989 PACER
382	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 Clearinghouse
	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)	Dec. 15, 1989	Dec. 15, 1989 PACER
	MOTION by Kathryn R. Monaco; Special Officer to expend funds ; Attachment (jda)	Dec. 18, 1989	Dec. 18, 1989 PACER
	MOTION by Kathryn R. Monaco, Special Officer for an increase in fees (jda)	Dec. 18, 1989	Dec. 18, 1989 PACER
	MOTION by Kathryn R. Monaco, Special Officer for compensation (jda)	Dec. 18, 1989	Dec. 18, 1989 PACER
383	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 PACER
384	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 PACER
385	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 PACER
386	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 PACER
	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)	Dec. 29, 1989	Dec. 29, 1989 PACER
	NOTICE OF FILING by defendants JAMES F. PALMER, MARION S. BARRY JR. in 1:86-cv-02128 of declaration of Renfield Carter (jda)	Jan. 2, 1990	Jan. 2, 1990 PACER
	NOTICE OF FILING by defendant DC in 1:79-cv-01726 of certification and Department of Corrections, Service Order; Attachment (jda)	Jan. 10, 1990	Jan. 10, 1990 PACER
387	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 PACER
389	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 PACER
390	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 PACER
	MOTION by Kathryn R. Monaco, Special Officer to expend funds (jda)	Jan. 18, 1990	Jan. 18, 1990 PACER
	MOTION by Kathryn R. Monaco, Special Officer to purchase office equipment (jda)	Jan. 18, 1990	Jan. 18, 1990 PACER
388	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 PACER
	MOTION by Kathryn R. Monaco, Special Officer for compensation ; Affidavit (jda)	Jan. 24, 1990	Jan. 24, 1990 PACER
391	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 PACER
392	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 PACER
393	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 PACER

Case: Twelve John Does v. District of Columbia

1:80-cv-02136 | U.S. District Court for the District of Columbia

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