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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 attrorneys, see: https://www.courtlistener.com/docket/5101262/parties/united-states-v-territory-of-guam/


Judge(s)

Goodwin, Alfred Theodore (California)

Lew, Ronald S. W. (California)

Munson, Alex R. (Northern Mariana Islands)

Tydingco-Gatewood, Frances M. (Guam)

Unpingco, John S. (Guam)

Attorneys(s) for Plaintiff

Barrick, Andrew J. (District of Columbia)

Black, Frederick A. (Guam)

Coon, Laura (District of Columbia)

Cruz, Jessica F. (Guam)

Dunne, John R. (District of Columbia)

Judge(s)

Goodwin, Alfred Theodore (California)

Lew, Ronald S. W. (California)

Munson, Alex R. (Northern Mariana Islands)

Tydingco-Gatewood, Frances M. (Guam)

Unpingco, John S. (Guam)

Attorneys(s) for Plaintiff

Barrick, Andrew J. (District of Columbia)

Black, Frederick A. (Guam)

Coon, Laura (District of Columbia)

Cruz, Jessica F. (Guam)

Dunne, John R. (District of Columbia)

Hughes, Verlin (District of Columbia)

Jackson, Shelley (District of Columbia)

Kappelhoff, Mark (District of Columbia)

Lee, Bill Lann (District of Columbia)

Limtiaco, Alicia A. G. (Guam)

Moossy, Robert J. (District of Columbia)

Murray, Jeffrey Robert (District of Columbia)

Nelson, Mellie H. (District of Columbia)

Peabody, Arthur E. Jr. (District of Columbia)

Rons, R. Happy (Guam)

Samuels, Jocelyn (District of Columbia)

Schwab, Mikel W (Guam)

Thornburgh, Dick (District of Columbia)

Turner, James P. (District of Columbia)

Vernier, D. Paul Jr. (Guam)

Wessling, Jessica F (Guam)

Attorneys(s) for Defendant

Barrett-Anderson, Elizabeth (Guam)

Diaz, Gus F. (Guam)

Fokas, Kathy A. (Guam)

Lawrence, Donna E (Guam)

Mason, J Patrick (Guam)

Orcutt, Kenneth Douglas (Washington)

Weisenberger, John M (Guam)

Expert/Monitor/Master

Dahm, John J (Nebraska)

Klemm, J. Bradley (California)

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 Sept. 6, 2022, 3:14 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

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

Case Details

Causes of Action:

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

Availably Documents:

Trial Court Docket

Injunctive (or Injunctive-like) Relief

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Order Duration: 1991 - 2017

Content of Injunction:

Discrimination Prohibition

Issues

General:

Bathing and hygiene

Fire safety

Sanitation / living conditions

Medical/Mental Health:

Dental care

Medical care, general

Mental health care, general

Type of Facility:

Government-run