Case: Brown v. Mckernan

2:90-cv-00246 | U.S. District Court for the District of Maine

Filed Date: Oct. 15, 1990

Closed Date: 1991

Clearinghouse coding complete

Case Summary

On October 15, 1990, inmates confined in the protective custody units of the Maine State Prison in Thomaston, Maine, filed a class action lawsuit under 42 U.S.C. §1983 against the Maine Department of Corrections in the U.S. District Court for the District of Maine. The plaintiffs, represented by the Maine Civil Liberties Union and the ACLU National Prison Project, asked the court for declaratory, injunctive, and monetary relief, alleging that their constitutional rights had been violated by ov…

On October 15, 1990, inmates confined in the protective custody units of the Maine State Prison in Thomaston, Maine, filed a class action lawsuit under 42 U.S.C. §1983 against the Maine Department of Corrections in the U.S. District Court for the District of Maine. The plaintiffs, represented by the Maine Civil Liberties Union and the ACLU National Prison Project, asked the court for declaratory, injunctive, and monetary relief, alleging that their constitutional rights had been violated by overcrowding, double celling, poor ventilation, inadequate recreation, broken plumbing, lack of mental health care, fire safety violations, lack of medical care, lack of personal safety, deafening noise, lack of sanitation, insects, and lack of access to legal supplies.

Much of this case predates PACER, so many documents are unavailable. According to the docket, the U.S. District Court for the District of Maine (Judge Gene Carter) closed this case on July 31, 1991, though the reason is unavailable. Later docket entries refer to a class settlement, which is unavailable to the Clearinghouse. Plaintiffs moved to reopen the case on January 22, 1996, and Defendants reported that the prison was taking steps to remedy the situation. The Court denied the motion to reopen the case, finding that the recent complaints were outside the scope of the class settlement. We have no further information on the proceedings, and the case remains closed as of March 6, 2018.

Summary Authors

Kristen Sagar (9/6/2006)

Kenneth Gray (7/11/2013)

People


Judge(s)

Carter, Gene (Maine)

Attorneys(s) for Plaintiff

Bronstein, Alvin J. (District of Columbia)

Lopez, Mark J. (District of Columbia)

Tisdale, Stuart W. Jr. (District of Columbia)

Webber, Curtis (Maine)

Attorneys(s) for Defendant

Sleek, Diane (Maine)

Judge(s)

Carter, Gene (Maine)

Attorneys(s) for Plaintiff

Bronstein, Alvin J. (District of Columbia)

Lopez, Mark J. (District of Columbia)

Tisdale, Stuart W. Jr. (District of Columbia)

Webber, Curtis (Maine)

Attorneys(s) for Defendant

Sleek, Diane (Maine)

Documents in the Clearinghouse

Document

2:90-cv-00246

Docket

Brown v. Governor

July 21, 2005

July 21, 2005

Docket

2:90-cv-00246

Complaint

Oct. 12, 1990

Oct. 12, 1990

Complaint

Resources

Docket

Last updated Aug. 9, 2022, 3 a.m.

ECF Number Description Date Link Date / Link

Case closed (llj) (Entered: 08/27/1991)

July 31, 1991

July 31, 1991

CASE FILE SENT TO FEDERAL RECORDS CENTER (ARCHIVES) Accession No.: 21-94-0085 Box No.: 7 of 11 Location: B421360 Disposal Date: 1/2015 (former employee) (Entered: 12/27/1995)

Dec. 27, 1995

Dec. 27, 1995

26

MOTION by JERRY LARRIVEE for Order to reopen case (slh) (Entered: 01/23/1996)

Jan. 22, 1996

Jan. 22, 1996

ORAL ORDER on Motion to reopen case, per letter to cnsl, set specific document deadline (re: for cnsl to file amended motion, in proper form, (dfts would thereafter file a timely response) or advise court if other action to be taken ) for 2/5/96 for cnsl for JERRY LARRIVEE ( by JUDGE GENE CARTER per letter from WSB/slh) (slh) (Entered: 01/23/1996)

Jan. 23, 1996

Jan. 23, 1996

Deadline updated; per call from Atty Tisdale advising prison is in the process of taking measures to remedy this situation, reset specific document deadline (re: for cnsl to report to court in writing ) for 2/20/96 for JERRY LARRIVEE (slh) (Entered: 02/02/1996)

Feb. 1, 1996

Feb. 1, 1996

27

RESPONSE by Atty Tisdlae for JERRY LARRIVEE to [0-0] order set specific document deadline (re: for cnsl to file amended motion, in proper form, (dfts would thereafter file a timely response) or advise court if other action to be taken ) for 2/5/96 for cnsl for JERRY LARRIVEE (slh) (Entered: 02/05/1996)

Feb. 2, 1996

Feb. 2, 1996

27

Letter MOTION by Atty Tisdale JERRY LARRIVEE to Extend Time to respond to court's oral order for cnsl to advise of status/position to 2/17/96 (slh) (Entered: 02/05/1996)

Feb. 2, 1996

Feb. 2, 1996

ENDORSEMENT on Motion granting [27-1] motion to Extend Time to respond to court's oral order for cnsl to advise of status/position, terminating [27-1] motion RESPONSE by Atty Tisdlae for JERRY LARRIVEE to [0-0] order set specific document deadline (re: for cnsl to file amended motion, in proper form, (dfts would thereafter file a timely response) or advise court if other action to be taken ) for 2/5/96 for cnsl for JERRY LARRIVEE ( signed by Dpty Clk Hall per MAG. JUDGE WILLIAM S. BROWNELL ) cc: cnsl (slh) (Entered: 02/05/1996)

Feb. 5, 1996

Feb. 5, 1996

28

REPLY by JERRY LARRIVEE to response to [27-1] motion RESPONSE by Atty Tisdlae for JERRY LARRIVEE to [0-0] order set specific document deadline (re: for cnsl to file amended motion, in proper form, (dfts would thereafter file a timely response) or advise court if other action to be taken ) for 2/5/96 for cnsl for JERRY LARRIVEE (slh) (Entered: 02/12/1996)

Feb. 12, 1996

Feb. 12, 1996

29

RESPONSE by Atty Tisdale (for JERRY LARRIVEE per court to respond to Larrivee's concerns) to [0-0] order set specific document deadline (re: for cnsl to file amended motion, in proper form, (dfts would thereafter file a timely response) or advise court if other action to be taken ) for 2/5/96 for cnsl for JERRY LARRIVEE ; Reply to Response due 3/1/96 for JERRY LARRIVEE (slh) (Entered: 02/21/1996)

Feb. 20, 1996

Feb. 20, 1996

ENDORSEMENT on Motion terminating [29-1] motion RESPONSE by Atty Tisdale (for JERRY LARRIVEE per court to respond to Larrivee's concerns) to [0-0] order set specific document deadline (re: for cnsl to file amended motion, in proper form, (dfts would thereafter file a timely response) or advise court if other action to be taken ) for 2/5/96 for cnsl for JERRY LARRIVEE; denying [26-1] motion for Order to reopen case , after full review of dkt no's 23-29, the Court finding that the circumstances now complained of were not within the scope of the provisions of settlement of the class action suit herein. See Dkt No. 29. ( signed by JUDGE GENE CARTER ) cc: cnsl & Jerry Larrivee (slh) Modified on 03/07/1996 (Entered: 03/07/1996)

March 6, 1996

March 6, 1996

Case Details

State / Territory: Maine

Case Type(s):

Prison Conditions

Special Collection(s):

Multi-LexSum (in sample)

Key Dates

Filing Date: Oct. 15, 1990

Closing Date: 1991

Case Ongoing: No

Plaintiffs

Plaintiff Description:

inmates confined in the protective custody units of the Maine State Prison

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

Maine State Prison (Thomaston), State

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)

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Unknown

Source of Relief:

Settlement

Issues

General:

Access to lawyers or judicial system

Administrative segregation

Assault/abuse by residents/inmates/students

Bathing and hygiene

Classification / placement

Fire safety

Food service / nutrition / hydration

Law library access

Personal injury

Protective custody

Recreation / Exercise

Rehabilitation

Sanitation / living conditions

Totality of conditions

Crowding:

Crowding / caseload

Medical/Mental Health:

Medical care, general

Mental health care, general

Untreated pain

Type of Facility:

Government-run