Case: Spear v. Waihee

1:84-cv-01104 | U.S. District Court for the District of Hawaii

Filed Date: Sept. 14, 1984

Closed Date: 1999

Clearinghouse coding complete

Case Summary

On September 14, 1984, inmates confined at Oahu Community Correctional Center in Honolulu and at the Hawaii Women's Correctional Facility in Kailua filed a class action law suit on behalf of themselves and all inmates who are or will be confined at the facilities against the Hawaii Department of Social Services and Housing and its Correctional Division. The law suit was filed in the United States District Court for the District of Hawaii pursuant to 42 U.S.C. § 1983 alleging Eighth and Fourtee…

On September 14, 1984, inmates confined at Oahu Community Correctional Center in Honolulu and at the Hawaii Women's Correctional Facility in Kailua filed a class action law suit on behalf of themselves and all inmates who are or will be confined at the facilities against the Hawaii Department of Social Services and Housing and its Correctional Division. The law suit was filed in the United States District Court for the District of Hawaii pursuant to 42 U.S.C. § 1983 alleging Eighth and Fourteenth Amendment violations. Plaintiffs, represented by the ACLU National Prison Project and the ACLU of Hawaii, sought declaratory and injunctive relief.

General allegations included severe overcrowding, violence, health risks, deficient medical and mental health services, insufficient security, improper classification, and disciplinary measures and procedures that were punitive and lacked any rational penological purpose. Plaintiffs also alleged that the living conditions were inadequate because of the deteriorating structure of the facilities, plumbing issues, noise levels, unbearably hot temperatures, poor ventilation, inadequate lighting, fire hazards, shortages of sheets and pillows, cell size, and rodent and insect problems. Food services at the facility were also allegedly inadequate and presented serious health hazards due to the manner in which food was prepared, stored, handled, and served and due to the sizes and conditions of the kitchens. Finally, Plaintiffs alleged that the correctional facilities lacked employment, educational, recreational, and exercise opportunities.

On October 14, 1985, the U.S. District Court (Judge Spencer Williams) entered a consent decree submitted by the parties wherein plans were presented to modify conditions in the areas of medical, dental and mental health services; environmental health and safety conditions and practices; and population management, classification, security and other correctional policies. On January 10, 1986, the parties submitted additional plans to be incorporated into the consent decree regarding medical and mental health care and food services.

In November of 1986 the parties agreed to an additional stipulation that Correctional Division representatives would no longer participate in semi-annual inspections of defendants' compliance with the consent decree. On January 21, 1987 the parties entered into a supplemental agreement regarding hiring additional medical and mental health personnel; improving the facilities' medical plans and recordkeeping; improving fire safety; increasing food service, correctional, janitorial, and maintenance staff; developing a new classification system; and providing meaningful, structured activities for the inmates. Defendants were also required to reduce overcrowding and renovate certain parts of the existing facilities as well as submit plans for constructing a new facility to replace those parts that were being demolished. On November 19, 1993, the court entered the parties' proposed Final Settlement Agreement, which provided for court-appointed monitors.

On December 9, 1996 the U.S. District Court (Judge Samuel P. King) entered a Stipulation of Final Compliance stating that the parties agreed that the parties were in substantial complaince with the consent decree except in regard to completion of the new facility, which was still under construction. Defendants were instructed to continue reporting to plaintiffs regarding their compliance until 1999 when construction was expected to be completed. We have no further information about this case.

Summary Authors

Emilee Baker (9/15/2006)

People


Judge(s)

King, Samuel Pailthorpe (Hawaii)

Williams, Spencer Mortimer (California)

Attorneys(s) for Plaintiff

Berman, Pamela J. (Hawaii)

Bronstein, Alvin J. (District of Columbia)

Davis, Mark S (Hawaii)

Foley, Daniel R. (Hawaii)

McClymont, Mary E. (District of Columbia)

Seitz, Eric A. (Hawaii)

Varady, Carl M. (Hawaii)

Wilson, Michael D. (Hawaii)

Judge(s)

King, Samuel Pailthorpe (Hawaii)

Williams, Spencer Mortimer (California)

Attorneys(s) for Plaintiff

Berman, Pamela J. (Hawaii)

Bronstein, Alvin J. (District of Columbia)

Davis, Mark S (Hawaii)

Foley, Daniel R. (Hawaii)

McClymont, Mary E. (District of Columbia)

Seitz, Eric A. (Hawaii)

Varady, Carl M. (Hawaii)

Wilson, Michael D. (Hawaii)

Attorneys(s) for Defendant

Allen, Gordon E. (Colorado)

BARR, SUSAN (Hawaii)

Bronster, Margery S. (Hawaii)

Campbell, John Jr. (Hawaii)

Dannenberg, James H. (Hawaii)

Grayson, Glenn S. (Missouri)

Marks, Robert A. (Hawaii)

Michaels, Steven S. (Hawaii)

Watanabe, Corinne K.A. (Hawaii)

Other Attorney(s)

Hoyle, John C. (District of Columbia)

Expert/Monitor/Master

Duel, Ward (District of Columbia)

Enomoto, Jerry (Nevada)

Furuya, Charles (Hawaii)

McManus, Patrick D. (Minnesota)

Michael, Jerrold (Hawaii)

Documents in the Clearinghouse

Document

1:84-cv-01104

Complaint; Summons (Class Action)

Spear v. Waihee

Sept. 14, 1984

Sept. 14, 1984

Complaint

1:84-cv-01104

Consent Decree (Class Action)

June 12, 1985

June 12, 1985

Order/Opinion

1:84-cv-01104

Stipulation of Settlement; Order (Class Action) (10-07-85)

Spear v. Waihee

Sept. 11, 1985

Sept. 11, 1985

Settlement Agreement

1:84-cv-01104

Final Order (Class Action)

Spear v. Waihee

Oct. 4, 1985

Oct. 4, 1985

Order/Opinion

1:84-cv-01104

Implementation Plans Submitted to the Court for Approval and Incorporation into the Consent Decree (Class Action)

Spear v. Waihee

Jan. 11, 1986

Jan. 11, 1986

Pleading / Motion / Brief

1:84-cv-01104

Order

Spear v. Waihee

Feb. 25, 1986

Feb. 25, 1986

Order/Opinion

1:84-cv-01104

Stipulation of the Parties (Class Action)

Spear v. Waihee

Nov. 24, 1986

Nov. 24, 1986

Pleading / Motion / Brief

1:84-cv-01104

Supplemental Agreement (Class Action)

Spear v. Waihee

Jan. 14, 1987

Jan. 14, 1987

Settlement Agreement

1:84-cv-01104

Order Approving Proposed Final Settlement Agreement (Class Action)

Spear v. Waihee

July 13, 1993

July 13, 1993

Order/Opinion

1:84-cv-01104

Stipulation of Substantial Compliance and Dismissal; Exhibit B; Order (Class Action) (12-09-96)

Spear v. Waihee

Dec. 9, 1996

Dec. 9, 1996

Settlement Agreement

Docket

Last updated Sept. 5, 2022, 3:08 a.m.

Docket sheet not available via the Clearinghouse.

Case Details

State / Territory: Hawaii

Case Type(s):

Prison Conditions

Key Dates

Filing Date: Sept. 14, 1984

Closing Date: 1999

Case Ongoing: No

Plaintiffs

Plaintiff Description:

All inmates who are or will be confined at the Oahu Community Correctional Center in Honolulu, Hawaii and the Hawaii Women's Correctional Facility in Kailua, Hawaii, and any of its annexes.

Attorney Organizations:

ACLU National (all projects)

ACLU National Prison Project

Public Interest Lawyer: Yes

Filed Pro Se: Unknown

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

Hawaii Women's Correctional Facility (Kailua), State

Oahu Community Correctional Center, State

Case Details

Causes of Action:

42 U.S.C. § 1983

Constitutional Clause(s):

Cruel and Unusual Punishment

Due Process

Availably Documents:

Complaint (any)

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: 1985 - 1999

Issues

General:

Assault/abuse by residents/inmates/students

Bathing and hygiene

Classification / placement

Counseling

Disciplinary procedures

Disciplinary segregation

Education

Fire safety

Food service / nutrition / hydration

Funding

Recreation / Exercise

Rehabilitation

Sanitation / living conditions

Staff (number, training, qualifications, wages)

Totality of conditions

Visiting

Crowding:

Crowding / caseload

Medical/Mental Health:

Dental care

HIV/AIDS

Medical care, general

Mental health care, general

Type of Facility:

Government-run