Case: U.S. v. Territory of Guam

1:91-cv-00020 | District Court of Guam

Filed Date: Feb. 13, 1991

Closed Date: 2017

Clearinghouse coding complete

Case Summary

On May 12, 1986, the United States Department of Justice notified the Governor of Guam that it intended to investigate the Department of Mental Health and Substance Abuse (DMHSA) Inpatient United and the Adult Correctional Facility (ACF) under the Civil Rights of Institutionalized Persons Act (CRIPA), 42 U.S.C. § 1997. On August 11, 1987, the Department of Justice announced its findings, which stated that conditions at DMHRA, ACR, and Rosario Detention Facility (RDF) violated the constitutional…

On May 12, 1986, the United States Department of Justice notified the Governor of Guam that it intended to investigate the Department of Mental Health and Substance Abuse (DMHSA) Inpatient United and the Adult Correctional Facility (ACF) under the Civil Rights of Institutionalized Persons Act (CRIPA), 42 U.S.C. § 1997. On August 11, 1987, the Department of Justice announced its findings, which stated that conditions at DMHRA, ACR, and Rosario Detention Facility (RDF) violated the constitutional rights of institutionalized persons. The announcement, however, did not specify exactly which violations were found.

On February 13, 1991, the United States filed this CRIPA lawsuit against the Territory in the United States District Court for the Territory of Guam. The United States complained about fire safety, sanitation, and medical, dental, and mental health care in the facilities.

On May 16, 1991, the parties entered a consent decree, with the District Court's (Judge Ronald S.W. Lew) approval. Under the terms of the consent decree, Guam admitted no wrongdoing, but agreed to address fire safety and prevention, sanitation, medical care, dental care, and mental health care in their facilities.

To improve fire safety, Guam agreed to install sprinkler and smoke detection systems, egress doors, and remote-control locks in its facilities. In addition, the Territory agreed to replace polyurethane foam mattresses, pillows, and furniture with flame retardant materials. Guam also agreed to stop using facilities with wood and tin roofs and to repair electrical fire hazards.

To address sanitation problems, the Territory agreed to implement better food service and waste disposal practices. In addition, Guam agreed to take steps to address cockroach, rat, mouse, mosquito, and fly infestations. Guam agreed to improve ventilation and provide inmates with access to hot showers.

The consent decree also included provisions requiring routine and emergency medical, dental, and mental health care. The territory agreed to hire a full-time physician for ACT by November 18, 1991. The parties also agreed to appoint a monitor (J. Bradley Kleemm) to monitor compliance with the consent decree.

Guam's compliance with the consent decree was not satisfactory and, sometime between 1991 and 1998, the United States asked the court to find the defendants in contempt of the consent decree. On April 22, 1998, the court approved a stipulated order, under the terms of which Guam agreed to comply with the terms of the consent decree by December 31, 1998. In addition, Guam agreed to construct a new eighty bed prison unit, which would comply with the fire safety and ventilation requirements of the earlier consent decree. The Department of Justice agreed to dismiss the lawsuit if Guam was found to be in compliance with the consent decree on December 31, 1998.

On April 11, 2017, both parties moved for joint dismissal of the suit. On April 13, 2017, Judge Frances M. Tydingco-Gatewood approved the dismissal after deciding that Guam satisfied the remaining two sections of the 1991 Settlement Agreement.

Summary Authors

Elizabeth Chilcoat (6/22/2006)

Lisa Koo (2/23/2019)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/5101262/parties/united-states-v-territory-of-guam/


Judge(s)
Attorney for Plaintiff

Barrick, Andrew J. (District of Columbia)

Black, Frederick A. (Guam)

Coon, Laura (District of Columbia)

Cruz, Jessica F. (Guam)

Attorney for Defendant

Barrett-Anderson, Elizabeth (Guam)

Expert/Monitor/Master/Other

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Documents in the Clearinghouse

Document

1:91-cv-00020

Docket [PACER]

April 13, 2017

April 13, 2017

Docket

[Expert Report of John Dahm]

United States of America v. Territory of Guam

No Court

July 10, 1989

July 10, 1989

Monitor/Expert/Receiver Report

Re: Notice of Findings Regarding Investigation of Guam Correctional and Mental Health Facilities

United States of America v. Territory of Guam

No Court

Nov. 20, 1989

Nov. 20, 1989

Findings Letter/Report

1:91-cv-00020

Complaint

United States of America v. Territory of Guam

Feb. 13, 1991

Feb. 13, 1991

Complaint

1:91-cv-00020

Settlement Agreement

May 29, 1991

May 29, 1991

Settlement Agreement

1:91-cv-00020

Stipulated Order

April 22, 1998

April 22, 1998

Order/Opinion
305

1:91-cv-00020

Order

U.S. v. Guam

Jan. 16, 2015

Jan. 16, 2015

Order/Opinion
380

1:91-cv-00020

Order Granting Dismissal

April 13, 2017

April 13, 2017

Order/Opinion

Docket

See docket on RECAP: https://www.courtlistener.com/docket/5101262/united-states-v-territory-of-guam/

Last updated March 15, 2025, 10:04 a.m.

ECF Number Description Date Link Date / Link
277

Decision and Order. Status report due from DOC on 6/17/2014 and ever two weeks thereafter until the 9/3/2014 status hearing. Updated data on tuberculosis testing results due 8/20/2014. Joint status report due by 7/18/2014. Draft scheduling order due 8/20/2014. The parties shall continue to meet every two weeks to address compliance with Sections III and VII of the Settlement Agreement. The parties must provide notice of the meetings to the Independent Monitor so he may participate. Next status hearing scheduled for 9/3/2014 at 8:30 A.M. The court grants any requests to appear telephonically. Signed by Chief Judge Frances M. Tydingco-Gatewood on 6/6/2014. (fad, )

June 6, 2014

June 6, 2014

RECAP
278

Status Report Submission of the Director, Department of Corrections (DOC) by TERRITORY OF GUAM. (Lawrence, Donna) (Entered: 06/17/2014)

June 17, 2014

June 17, 2014

PACER
279

Order. Mr. Klemm is directed to look into the allegations made by Mr. George and thereafter report to the court if the parties are unable to resolve the matter without the need for further court intervention. Furthermore, in order to protect Mr. George's privacy interest, the court hereby orders that the attached letter be sealed from public disclosure. Signed by Chief Judge Frances M. Tydingco-Gatewood on 7/1/2014. (fad, ) (Additional attachment(s) added on 7/1/2014: # 1 Letter from Wayner George) (fad, ). (Entered: 07/01/2014)

July 1, 2014

July 1, 2014

PACER
280

Status Report Submission of the Director, Department of Corrections' (DOC) Status Report (July 1, 2014) by TERRITORY OF GUAM. (Mason, J.) (Entered: 07/01/2014)

July 1, 2014

July 1, 2014

PACER

Court Certificate of Service re 279 Order - USAO acknowledged receipt on 7/1/2014, AG acknowledged receipt on 7/2/2014. (fad, )

July 2, 2014

July 2, 2014

PACER
281

Status Report (July 15, 2014) Submission of the Director, Department of Corrections' (DOC) by TERRITORY OF GUAM. (Mason, J.) (Entered: 07/15/2014)

July 15, 2014

July 15, 2014

PACER
282

Order. Supplemental Status Report due from DOC by 7/31/2014. Signed by Chief Judge Frances M. Tydingco-Gatewood on 7/17/2014. (fad, ) (Entered: 07/17/2014)

July 17, 2014

July 17, 2014

PACER
283

Status Report Parties' Joint Status Report filed by USA. (Murray, Jeffrey) (Entered: 07/18/2014)

July 18, 2014

July 18, 2014

PACER
284

Order. In the interest of full and complete disclosure, the court hereby gives notice that on July 18, 2014, the court received a letter from Joseph Gokita Manibusan. A copy of the letter is attached to this order. The court refers this matter to the Independent Monitor, J. Bradley Klemm. Furthermore, in order to protect Mr. Manibusan's privacy interest, the court hereby orders that the attached letter be sealed from public disclosure. Signed by Chief Judge Frances M. Tydingco-Gatewood on 7/24/2014. (fad, ) (Additional attachment(s) added on 7/24/2014: # 1 July 18, 2014 Letter from Joseph Gokita Manibusan) (fad, ). (Entered: 07/24/2014)

July 24, 2014

July 24, 2014

PACER

Court Certificate of Service re 284 Order - USAO acknowledged receipt on 7/25/2014, Office of the Attorney General acknowledged receipt on 7/25/2014. (fad, )

July 25, 2014

July 25, 2014

PACER
285

Status Report Submission of the Director, Department of Corrections (DOC) Status Report (July 13 - 26, 2014). (Lawrence, Donna) (Entered: 07/29/2014)

July 29, 2014

July 29, 2014

PACER
286

Submission of the Director, Department of Corrections' (DOC) Supplemental Report filed by TERRITORY OF GUAM. (Mason, J.) (Entered: 07/31/2014)

July 31, 2014

July 31, 2014

PACER
287

Status Report Submission of the Director, Department of Corrections' (DOC) Status Report (July 27 - August 9, 2014). (Mason, J.) (Entered: 08/12/2014)

Aug. 12, 2014

Aug. 12, 2014

PACER
288

Status Report and Proposed Scheduling Order filed by USA. (Murray, Jeffrey) (Entered: 08/20/2014)

Aug. 20, 2014

Aug. 20, 2014

PACER
289

Submission of Director of DOC's Updated Data of the Tuberculosis Screening Report (April 15, 2014 to August 7, 2014) and Proposed Scheduling Order (re 277 Decision and Order. Status report due from DOC on 6/17/2014 and ever two weeks thereafter until the 9/3/2014 status hearing. Updated data on tuberculosis testing results due 8/20/2014. Joint status report due by 7/18/2014. Draft scheduling order due 8/20/2014. The parties shall continue to meet every two weeks to address compliance with Sections III and VII of the Settlement Agreement. The parties must provide notice of the meetings to the Independent Monitor so he may participate. Next status hearing scheduled for 9/3/2014 at 8:30 A.M. The court grants any requests to appear telephonically. Signed by Chief Judge Frances M. Tydingco-Gatewood on 6/6/2014. (fad, ) ) by TERRITORY OF GUAM. (Mason, J.) (Entered: 08/20/2014)

Aug. 20, 2014

Aug. 20, 2014

PACER
290

Sixth Status Report Submission of Director of DOC (August 10, 2014 to August 23, 2014) by TERRITORY OF GUAM. (Mason, J.) (Entered: 08/26/2014)

Aug. 26, 2014

Aug. 26, 2014

PACER
291

Minute Entry for proceedings held before Chief Judge Frances M. Tydingco-Gatewood: Status Conference held on 9/3/2014. Parties to meet and discuss recommendations by 9/19/2014. Joint proposal due by 9/26/2014. (Court Reporter Veronica F. Reilly.)(Start Time: 8:38, End Time: 9:48.) (fad, ) (Entered: 09/03/2014)

Sept. 3, 2014

Sept. 3, 2014

PACER
292

Order. The parties shall meet on 9/19/2014 to further discuss a joint proposed scheduling order. Joint status report due by 9/26/2014. Territory of Guam report due 9/26/2014. Territory of Guam shall keep the Independent Monitor informed of all matters pertaining to the Department of Corrections' efforts in complying with the Settlement Agreement and any matters that may affect said compliance. Court-ordered bi-weekly teleconference meetings to resume October 2014. Signed by Chief Judge Frances M. Tydingco-Gatewood on 9/5/2014. (fad, ) (Entered: 09/05/2014)

Sept. 5, 2014

Sept. 5, 2014

PACER
293

Submission of Director DOC's Health Care Services Action Plan (re 292 Order. The parties shall meet on 9/19/2014 to further discuss a joint proposed scheduling order. Joint status report due by 9/26/2014. Territory of Guam report due 9/26/2014. Territory of Guam shall keep the Independent Monitor informed of all matters pertaining to the Department of Corrections' efforts in complying with the Settlement Agreement and any matters that may affect said compliance. Court-ordered bi-weekly teleconference meetings to resume October 2014. Signed by Chief Judge Frances M. Tydingco-Gatewood on 9/5/2014. (fad, ) ) by TERRITORY OF GUAM. (Lawrence, Donna) (Entered: 09/26/2014)

Sept. 26, 2014

Sept. 26, 2014

PACER
294

Status Report Joint Status Report on Negotiations of Proposed Scheduling Order filed by USA. (Murray, Jeffrey) (Entered: 09/26/2014)

Sept. 26, 2014

Sept. 26, 2014

PACER
295

Entry of Appearance filed by Kathy Ann Fokas on behalf of TERRITORY OF GUAM (Fokas, Kathy) (Entered: 09/30/2014)

Sept. 30, 2014

Sept. 30, 2014

PACER
296

Entry of Appearance filed by John M. Weisenberger on behalf of TERRITORY OF GUAM (Weisenberger, John) (Entered: 09/30/2014)

Sept. 30, 2014

Sept. 30, 2014

PACER
297

Order. The court directs Mr. Klemm to file a detailed report on what steps were taken to address the concerns raised by Messrs. Manibusan and George. Status Report due by 1/9/2015. (related document(s): 279 Order, 276 Order, 284 Order). Signed by Chief Judge Frances M. Tydingco-Gatewood on 12/29/2014. (fad, ) (Entered: 12/29/2014)

Dec. 29, 2014

Dec. 29, 2014

PACER
298

Minute Entry for proceedings held before Chief Judge Frances M. Tydingco-Gatewood: Telephone Conference held on 12/23/2014. (Court Recorder Veronica Reilly. )(Start Time: 3:30, End Time: 3:40.) (fad, ) (Entered: 12/30/2014)

Dec. 30, 2014

Dec. 30, 2014

PACER
299

Order. Settlement Conference set for 1/15/2015 09:00 AM in 3rd Floor Jury Deliberation Room before Senior Judge Alex R. Munson. If necessary, the parties shall also make themselves available on January 16, 2015. Signed by Chief Judge Frances M. Tydingco-Gatewood on 12/30/2014. (fad, ) (Entered: 12/30/2014)

Dec. 30, 2014

Dec. 30, 2014

PACER
300

***Reporter Notes*** (These stenographic notes are not readable and are filed online for court use.)In accordance with 28 U.S.C. 753(b), I certify that these original notes are a true and correct record of proceedings in this case held in the District Court of Guam on 9/3/2014 before Judge Frances Tydingco-Gatewood. [re 291 Status Conference, Set Deadlines,, ] filed by Veronica F. Reilly. (Entered: 12/31/2014)

Dec. 31, 2014

Dec. 31, 2014

PACER
301

Monitor's Report Re Wayner George [Sealed] filed by J. Bradley Klemm. (Klemm, J.) (Entered: 01/08/2015)

Jan. 8, 2015

Jan. 8, 2015

PACER
302

Status Report Re: Joseph Gokita Manibusan [Sealed] filed by Court Monitor J. Bradley Klemm. (fad, ) (fad, ). (Entered: 01/09/2015)

Jan. 9, 2015

Jan. 9, 2015

PACER
303

Minute Entry for proceedings held before Senior Judge Alex R. Munson: Settlement Conference held on 1/15/2015. Note: This is a docket text entry only; no document is attached. (Start Time: 9:00, End Time: 12:00.) (vtk) (Entered: 01/16/2015)

Jan. 15, 2015

Jan. 15, 2015

PACER
304

Minute Entry for proceedings held before Senior Judge Alex R. Munson: Settlement Conference held on 1/16/2015. Note: This is a docket text entry only; no document is attached. (Start Time: 9:00, End Time: 12:00.) (vtk) (Entered: 01/16/2015)

Jan. 16, 2015

Jan. 16, 2015

PACER
305

Order Re Timelines. The court further orders DOC to file a progress report under seal every 30 days of the Effective Date of this Order on all matters agreed upon in the September 26, 2014 Status Report and matters addressed in this Order. At the conclusion of this lawsuit, the monthly reports will be unsealed. In addition, DOC shall continue to submit bi-weekly reports regarding clinical operations at DOC to the Monitor and the United States. The parties shall continue to establish, review, revise, and implement policies and procedures to conform with the standards and guidelines established by the National Commission on Correctional Care. (related document(s): 288 Status Report, 294 Joint Status Report on Negotiations of Proposed Scheduling Order). Signed by Senior Judge Alex R. Munson on 1/16/2015. (fad, ) (Entered: 01/16/2015)

Jan. 16, 2015

Jan. 16, 2015

PACER
306

Entry of Appearance filed by Attorney General Elizabeth Barrett-Anderson on behalf of TERRITORY OF GUAM. (vtk) (Entered: 01/23/2015)

Jan. 23, 2015

Jan. 23, 2015

PACER
307

Notice of Withdrawal of Entry of Appearance (Fokas, Kathy) (Entered: 01/29/2015)

Jan. 29, 2015

Jan. 29, 2015

PACER
308

***Reporter Notes*** (These stenographic notes are not readable and are filed online for court use.)In accordance with 28 U.S.C. 753(b), I certify that these original notes are a true and correct record of proceedings in this case held in the District Court of Guam on 12/23/2014 before Judge Frances Tydingco-Gatewood. filed by Veronica F. Reilly. (Entered: 01/30/2015)

Jan. 30, 2015

Jan. 30, 2015

PACER
309

Entry of Appearance filed by Kenneth D. Orcutt on behalf of TERRITORY OF GUAM (Orcutt, Kenneth) (Entered: 02/02/2015)

Feb. 2, 2015

Feb. 2, 2015

PACER
310

Order. Joint status report due by 2/26/2015 at 3:00 p.m. Status Conference set for 3/2/2015 09:30 AM in 4th Floor Courtroom before Chief Judge Frances M. Tydingco-Gatewood. Signed by Chief Judge Frances M. Tydingco-Gatewood on 2/17/2015. (fad, ) **Modified on 2/18/2015 to correct Status Conference date**(hpg, ). (Entered: 02/17/2015)

Feb. 17, 2015

Feb. 17, 2015

PACER

Reset Hearings: Status Hearing is now set for 3/3/2015 at 08:15 AM in 4th Floor Courtroom before Chief Judge Frances M. Tydingco-Gatewood. (cbs, )

Feb. 23, 2015

Feb. 23, 2015

PACER
311

Order. In addition to discussing the status of the timeline, the parties shall be prepared to discuss and answer any inquiries from the court regarding food and nutrition provided to the following individuals at the Hagatna Federal Detention Facility: Justin Ken Taisipic, Rodney Ojeda Malaca, Vernon Saburo Dulei, and Vincent Siguenza Cruz. Signed by Chief Judge Frances M. Tydingco-Gatewood on 2/24/2015. (fad, ) (Entered: 02/24/2015)

Feb. 24, 2015

Feb. 24, 2015

PACER
312

Joint Status Report . (Schwab, Mikel) (Entered: 02/26/2015)

Feb. 26, 2015

Feb. 26, 2015

PACER
313

Minute Entry for proceedings held before Chief Judge Frances M. Tydingco-Gatewood: Status Conference held on 3/3/2015. Next Status Conference set for 6/24/2015 at 09:00 AM in 4th Floor Courtroom before Chief Judge Frances M. Tydingco-Gatewood. (Court Reporter Veronica F. Reilly.)(Time: 9:30 - 9:45, 10:13 - 12:03.) (cbs, ) (Entered: 03/03/2015)

March 3, 2015

March 3, 2015

PACER
314

Order re 313 Status Conference. The court ORDERS that the Territory of Guam immediately investigate the complaints brought forth by defendants and shall report to the court no later than 3/24/2015. The next Status Conference is set for 6/24/2015 at 09:00 AM in 4th Floor Courtroom before Chief Judge Frances M. Tydingco-Gatewood. Signed by Chief Judge Frances M. Tydingco-Gatewood on 3/3/2015. (cbs, ) (Entered: 03/03/2015)

March 3, 2015

March 3, 2015

PACER
315

Notice filed by USA Notice of Withdrawal of Entry of Appearance (Murray, Jeffrey) (Entered: 03/05/2015)

March 5, 2015

March 5, 2015

PACER
316

Digital Audio Recording Order for proceedings held held on 5/28/2014, 5/30/2014 and 6/2/2014 before Chief Judge Tydingco-Gatewood. Fee Not Applicable. (fad, ) (Entered: 03/11/2015)

March 11, 2015

March 11, 2015

PACER
317

AGREEMENT TO FILE UNSEALED COPIES filed by TERRITORY OF GUAM. (Fokas, Kathy) (Entered: 03/18/2015)

March 18, 2015

March 18, 2015

PACER
318

30-DAY COURT PROGRESS REPORT filed by TERRITORY OF GUAM. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D)(Fokas, Kathy) **Modified on 3/20/2015 to seal document pursuant to ECF 305 **(fad, ). (Entered: 03/18/2015)

March 18, 2015

March 18, 2015

PACER
319

Declaration of DOC Director in Support of 30-Day Court Progress Report and Compliance Report . (Attachments: # 1 Exhibit A, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C, # 5 Exhibit D, # 6 Exhibit E, # 7 Exhibit F, # 8 Exhibit G, # 9 Exhibit H, # 10 Exhibit I)(Fokas, Kathy) **Modified on 3/20/2015 to seal document pursuant to ECF 305 ** (fad, ). (Entered: 03/18/2015)

March 18, 2015

March 18, 2015

PACER
320

Errata filed by TERRITORY OF GUAM. (Fokas, Kathy) (Entered: 03/18/2015)

March 18, 2015

March 18, 2015

PACER
321

30-Day Progress Report filed by TERRITORY OF GUAM. **NOTE: APPEARS TO BE IDENTICAL TO ECF 318** (fad, ) (Entered: 03/19/2015)

March 18, 2015

March 18, 2015

PACER
322

Declaration of DOC Director in Support of 321 30-Day Court Progress Report and Compliance Report filed by TERRITORY OF GUAM. **NOTE: APPEARS TO BE IDENTICAL TO ECF 319 **. (fad, ) (Additional attachment(s) added on 3/20/2015: # 1 Exhibit A (Part 1 of 5), # 2 Exhibit A (Part 2 of 5), # 3 Exhibit A (Part 3 of 5), # 4 Exhibit A (Part 4 of 5), # 5 Exhibit A (Part 5 of 5), # 6 Exhibit B, # 7 Exhibit C, # 8 Exhibit D) (fad, ). (Additional attachment(s) added on 3/20/2015: # 9 Exhibit E (Part 1 of 3), # 10 Exhibit E (Part 2 of 3), # 11 Exhibit E (Part 3 of 3), # 12 Exhibit F, # 13 Exhibit G, # 14 Exhibit H, # 15 Exhibit I) (fad, ). (Entered: 03/19/2015)

March 18, 2015

March 18, 2015

PACER
323

Government of Guam's Food Report filed by TERRITORY OF GUAM. (Fokas, Kathy) (re 314 Order re 313 Status Conference. Modified on 3/25/2015 to edit docket text** (fad, ). (Entered: 03/24/2015)

March 24, 2015

March 24, 2015

PACER
324

Declaration re 323 Document,, Declaration of DOC Director in Support of Government of Guam's Food Report filed by TERRITORY OF GUAM. (Fokas, Kathy) (Entered: 03/24/2015)

March 24, 2015

March 24, 2015

PACER
325

Digital Audio Recording Order for proceedings held on 9/11/2013 before Chief Judge Tydingco-Gatewood. (fad, ) (Entered: 04/02/2015)

April 2, 2015

April 2, 2015

PACER
326

***Reporter Notes*** (These stenographic notes are not readable and are filed online for court use.)In accordance with 28 U.S.C. 753(b), I certify that these original notes are a true and correct record of proceedings in this case held in the District Court of Guam on 3/3/2015 before Judge Frances Tydingco-Gatewood. [re 313 Status Conference,, Set Hearings, ] filed by Veronica F. Reilly. (Entered: 04/16/2015)

April 16, 2015

April 16, 2015

PACER
327

Declaration of DOC Director by TERRITORY OF GUAM. (Fokas, Kathy) (Entered: 04/17/2015)

April 17, 2015

April 17, 2015

PACER
328

Exhibits (re 327 Declaration of DOC Director by TERRITORY OF GUAM. (Fokas, Kathy) ) by TERRITORY OF GUAM. (Fokas, Kathy) (Entered: 04/17/2015)

April 17, 2015

April 17, 2015

PACER
329

30-Day Court Progress Report filed by TERRITORY OF GUAM. (fad, ) (fad, ). (Entered: 04/19/2015)

April 17, 2015

April 17, 2015

PACER
330

Declaration of DOC Director filed by TERRITORY OF GUAM. (Attachments: # 1 Exhibit Compliance Report, # 2 Exhibit Exhibit A (exh 1-4), # 3 Exhibit Exhibit A (exh 5-6))(Fokas, Kathy) (Entered: 05/20/2015)

May 20, 2015

May 20, 2015

PACER
331

30-Day Court Progress Report filed by TERRITORY OF GUAM. (wmt, ) (Entered: 05/21/2015)

May 20, 2015

May 20, 2015

PACER
332

Stipulation by USA. (Schwab, Mikel) (Entered: 06/12/2015)

June 12, 2015

June 12, 2015

PACER
333

Order. Status hearing set for 6/24/2015 rescheduled to 6/30/2015 at 09:00 AM in 4th Floor Courtroom before Chief Judge Frances M. Tydingco-Gatewood. Signed by Chief Judge Frances M. Tydingco-Gatewood on 6/15/2015. (fad, ) (Entered: 06/15/2015)

June 15, 2015

June 15, 2015

PACER
334

Order granting 332 Stipulated Motion for Enlargement of Time. Signed by Chief Judge Frances M. Tydingco-Gatewood on 6/15/2015. (fad, ) (Entered: 06/15/2015)

June 15, 2015

June 15, 2015

PACER
335

30-Day Progress Report filed by TERRITORY OF GUAM. (fad, ) (fad, ). (Entered: 06/19/2015)

June 19, 2015

June 19, 2015

PACER
336

Declaration of Kathy Fokas re 335 30-Day Progress Report filed by TERRITORY OF GUAM. (fad, ) (fad, ). (Entered: 06/19/2015)

June 19, 2015

June 19, 2015

PACER
337

Minute Entry for proceedings held before Chief Judge Frances M. Tydingco-Gatewood: Status Conference held on 6/30/2015. Next Status Conference set for 10/14/2015 at 09:00 AM in 4th Floor Courtroom before Chief Judge Frances M. Tydingco-Gatewood. (Court Reporter Veronica F. Reilly.)(Start Time: 9:07, End Time: 9:44.) (vtk) (Entered: 06/30/2015)

June 30, 2015

June 30, 2015

PACER
338

30-Day Court Progress Report filed by TERRITORY OF GUAM. (fad, ) (fad, ). (Entered: 07/20/2015)

July 20, 2015

July 20, 2015

PACER
339

Declaration of Kathy Fokas filed by TERRITORY OF GUAM. (fad, ) (fad, ). (Entered: 07/20/2015)

July 20, 2015

July 20, 2015

PACER
340

Declaration Declaration of Counsel . (Attachments: # 1 Divided for Imaging Purposes, # 2 Divided for Imaging Purposes, # 3 Divided for Imaging Purposes)(Fokas, Kathy) (Entered: 08/19/2015)

Aug. 19, 2015

Aug. 19, 2015

PACER
341

30 Day Court Progress Report filed by TERRITORY OF GUAM. (fad, ) (fad, ). (Entered: 08/19/2015)

Aug. 19, 2015

Aug. 19, 2015

PACER
342

***Reporter Notes*** (These stenographic notes are not readable and are filed online for court use.)In accordance with 28 U.S.C. 753(b), I certify that these original notes are a true and correct record of proceedings in this case held in the District Court of Guam on 6/30/2015 before Chief Judge Frances Tydingco-Gatewood. [re 337 Status Conference,, Set Hearings, ] Filed by Veronica F. Reilly. (Entered: 09/10/2015)

Sept. 10, 2015

Sept. 10, 2015

PACER
343

30 Day Court Progress Report filed by TERRITORY OF GUAM. (fad, ) (fad, ). (Entered: 09/21/2015)

Sept. 18, 2015

Sept. 18, 2015

PACER
344

Declaration of DOC Director re 343 30 Day Court Progress Report filed by TERRITORY OF GUAM. (fad, ) (fad, ). (Entered: 09/21/2015)

Sept. 18, 2015

Sept. 18, 2015

PACER

Declaration

Sept. 21, 2015

Sept. 21, 2015

PACER
345

Minute Entry for proceedings held before Chief Judge Frances M. Tydingco-Gatewood: Status Conference held on 10/16/2015. Proceedings continued to 01/12/2016 09:00 AM in 4th Floor Courtroom before Chief Judge Frances M. Tydingco-Gatewood. (Court Reporter Veronica F. Reilly.)(Start Time: 9:05, End Time: 10:37.) (fad, ) Modified on 10/16/2015 to correct filed date (fad, ). (Entered: 10/16/2015)

Oct. 14, 2015

Oct. 14, 2015

PACER
346

Order. The parties shall inform the court of the date and timeconvenient for all parties involved for a facility tour. The next status hearing is scheduled for January 12, 2016, at 9:00 a.m. The court grants any requests to appear telephonically. Signed by Chief Judge Frances M. Tydingco-Gatewood on 10/16/2015.(fad, ) (Entered: 10/16/2015)

Oct. 16, 2015

Oct. 16, 2015

PACER
347

30-Day Court Progress Report filed by TERRITORY OF GUAM. (fad, ) (fad, ). (Entered: 10/20/2015)

Oct. 19, 2015

Oct. 19, 2015

PACER
348

Declaration of Counsel (DOC Compliance Report) . (Attachments: # 1 Divided for Imaging Purposes)(Fokas, Kathy) (Entered: 11/18/2015)

Nov. 18, 2015

Nov. 18, 2015

PACER
349

30-Day Court Progress Report Under Seal filed by TERRITORY OF GUAM. (fad, ) (fad, ). (Entered: 11/20/2015)

Nov. 18, 2015

Nov. 18, 2015

PACER
350

30-Day Court Progress Report filed by TERRITORY OF GUAM. (fad, ) (fad, ). (Entered: 12/16/2015)

Dec. 16, 2015

Dec. 16, 2015

PACER
351

***Reporter Notes*** (Shorthand notes filed online for court use only.)In accordance with 28 U.S.C. 753(b), I certify that these original notes are a true and correct record of proceedings in this case held in the District Court of Guam on 10/14/2015 before Chief Judge Frances Tydingco-Gatewood. [re 345 Status Conference, Set Hearings, ] Filed by Veronica F. Reilly. (Entered: 12/22/2015)

Dec. 22, 2015

Dec. 22, 2015

PACER
352

Order. In the interest of full and complete disclosure, the court hereby gives notice that on December 17, 2015, the court received a letter from Pedro C. Quichocho. The court refers this matter to Independent Monitor J. Bradley Klemm. Mr. Klemm is directed to look into the allegations made by Mr. Quichocho and thereupon report to the court if the parties are unable to resolve the matter without need for further court intervention. Signed by Chief Judge Frances M. Tydingco-Gatewood on 12/28/2015. (fad, ) (Additional attachment(s) added on 12/28/2015: # 1 December 11, 2015 letter from Pedro C. Quichocho) (fad, ). (Entered: 12/28/2015)

Dec. 28, 2015

Dec. 28, 2015

PACER

Court Certificate of Service re 352 Order and Sealed Exhibit served on J. Bradley Klemm, Office of the Attorney General and, USAO on 12/29/2015. (fad, )

Dec. 29, 2015

Dec. 29, 2015

PACER

Certificate of Service

Dec. 30, 2015

Dec. 30, 2015

PACER
353

Order. Status hearing set for 1/12/2016 continued to 4/19/2016 09:00 AM in 4th Floor Courtroom before Chief Judge Frances M. Tydingco-Gatewood. The parties shall inform the court of a proposed agreed upon date in March for a DOC facility site visit no later than 2/19/2016. Signed by Chief Judge Frances M. Tydingco-Gatewood on 1/11/2016. (fad, ) (Entered: 01/11/2016)

Jan. 11, 2016

Jan. 11, 2016

PACER
354

Order. After having reconsidered the matter, the court hereby continues the status hearing set for 4/19/2016 to 4/20/2016 at 9:00 a.m. and sets the site visit for 4/19/2016 at 8:30 a.m. The Independent Monitor shall file his status report no later than 4/7/2016. Signed by Chief Judge Frances M. Tydingco-Gatewood on 1/11/2016. (fad, ) (Entered: 01/11/2016)

Jan. 11, 2016

Jan. 11, 2016

PACER
355

30 Day Court Progress Report filed by TERRITORY OF GUAM. (fad, ) (fad, ). (Entered: 01/25/2016)

Jan. 25, 2016

Jan. 25, 2016

PACER
359

Order. Site visit and status hearing currently set for 4/19/2016 and 4/20/2016 are VACATED. The court reschedules both matters to 5/25/2016, with the site visit to start at 8:30 a.m. and the status hearing to follow at 1:30 p.m. in 4th Floor Courtroom before Chief Judge Frances M. Tydingco-Gatewood. Due date for submission of Independent Monitor status report shall remain the same. Signed by Chief Judge Frances M. Tydingco-Gatewood on 3/24/2016. (fad, ) (Entered: 03/24/2016)

March 24, 2016

March 24, 2016

PACER
360

Declaration of Carleen G. Borja . (Fokas, Kathy) (Entered: 03/29/2016)

March 29, 2016

March 29, 2016

PACER
361

30-Day Court Progress Report filed by TERRITORY OF GUAM. (fad, ) (fad, ). (Entered: 03/30/2016)

March 29, 2016

March 29, 2016

PACER
362

Declaration of Jose A. San Agustin re 361 Status Report filed by TERRITORY OF GUAM. (fad, ) (fad, ). (Entered: 03/30/2016)

March 29, 2016

March 29, 2016

PACER
363

Declaration of Zennia Pecina re 361 30-Day Court Progress Report filed by TERRITORY OF GUAM. (fad, ) (fad, ). (Entered: 03/30/2016)

March 29, 2016

March 29, 2016

PACER

Status Report

March 30, 2016

March 30, 2016

PACER
364

Status Report of Monitor of April 7, 2016 filed by J. Bradley Klemm. (Klemm, J.) (Entered: 04/07/2016)

April 7, 2016

April 7, 2016

PACER
366

Order. Site visit and status hearing set for 5/25/2016 rescheduled to 6/21/2016, with the site visit to start at 08:30 a.m. and the status hearing to follow at 1:30 p.m. in 4th Floor Courtroom before Chief Judge Frances M. Tydingco-Gatewood. Signed by Chief Judge Frances M. Tydingco-Gatewood on 5/17/2016. (fad, ) (Entered: 05/17/2016)

May 17, 2016

May 17, 2016

PACER
367

Order. In order to ensure that all logistical needs for the upcoming site visit are addressed, the parties shall file a joint response, informing the court of all the designated areas within the prison facility that are still subject to the Settlement Agreement. Response due by June 16, 2016, at 3:00 p.m. Signed by Chief Judge Frances M. Tydingco-Gatewood on 6/13/2016. (fad, ) (Entered: 06/13/2016)

June 13, 2016

June 13, 2016

PACER
368

Notice re 367 Order, Joint Response (Schwab, Mikel) (Entered: 06/16/2016)

June 16, 2016

June 16, 2016

PACER
369

Minute Entry for proceedings held before Chief Judge Frances M. Tydingco-Gatewood: Status Conference held on 6/21/2016. Parties presented report and comments. Next Status Conference set for 9/2/2016 at 09:30 AM in 4th Floor Courtroom before Chief Judge Frances M. Tydingco-Gatewood. (Court Reporter Veronica F. Reilly.)(Site Visits: 9:38-10:40, 11:00-11:10, In Court Status Conference: 1:42-3:14.) (cbs, ) (Entered: 06/21/2016)

June 21, 2016

June 21, 2016

PACER
370

Order. Court commends Government of Guam and its team for working diligently towards the completion of the Settlement Agreement. Court further notes that it was impressed with that it saw at the site visit. Court is looking forward to the completion of the Settlement Agreement and thus Orders the parties to continue to work collaboratively together. The next Status Conference is scheduled for 9/2/2016 at 09:30 AM in the 4th Floor Courtroom before Chief Judge Frances M. Tydingco-Gatewood. Signed by Chief Judge Frances M. Tydingco-Gatewood on 6/21/2016. (cbs, ) (Entered: 06/21/2016)

June 21, 2016

June 21, 2016

PACER
371

Notice of Hearing: Status Conference set for 9/2/2016 rescheduled to 9/16/2016 08:30 AM in 4th Floor Courtroom before Chief Judge Frances M. Tydingco-Gatewood. (fad, ) (Entered: 07/25/2016)

July 25, 2016

July 25, 2016

PACER
374

Order. Status hearing scheduled for 9/16/2016 rescheduled to 11/3/2016 09:00 AM in 4th Floor Courtroom before Chief Judge Frances M. Tydingco-Gatewood. Signed by Chief Judge Frances M. Tydingco-Gatewood on 9/2/2016. (fad, ) (Entered: 09/02/2016)

Sept. 2, 2016

Sept. 2, 2016

PACER
376

Minute Entry for proceedings held before Chief Judge Frances M. Tydingco-Gatewood: Status Conference held on 11/3/2016. Next Status Conference set for 3/16/2017 09:00 AM in 4th Floor Courtroom before Chief Judge Frances M. Tydingco-Gatewood. (Court Reporter Veronica F. Reilly.)(Start Time: 9:09, End Time: 10:21.) (fad, ) (Entered: 11/03/2016)

Nov. 3, 2016

Nov. 3, 2016

PACER

Case Details

State / Territory: Guam

Case Type(s):

Prison Conditions

Key Dates

Filing Date: Feb. 13, 1991

Closing Date: 2017

Case Ongoing: No

Plaintiffs

Plaintiff Description:

United States Department of Justice

Plaintiff Type(s):

U.S. Dept of Justice plaintiff

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Adult Correctional Facility, Dept. of Mental Health, Rosario Detention Facility, None

Facility Type(s):

Government-run

Case Details

Causes of Action:

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

Available Documents:

Trial Court Docket

Injunctive (or Injunctive-like) Relief

Findings Letter/Report

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Content of Injunction:

Discrimination Prohibition

Order Duration: 1991 - 2017

Issues

General/Misc.:

Bathing and hygiene

Fire safety

Sanitation / living conditions

Medical/Mental Health Care:

Dental care

Medical care, general

Mental health care, general