Case: Fiandaca v. Cunningham

1:83-cv-00400 | U.S. District Court for the District of New Hampshire

Filed Date: June 30, 1983

Clearinghouse coding complete

Case Summary

On June 30, 1983, female prisoners at the New Hampshire State Prison filed a class action lawsuit under 42 U.S.C. § 1983 against the New Hampshire Department of Corrections in the U.S. District Court for the District of New Hampshire. The plaintiffs, represented by New Hampshire Legal Assistance and the Disabilities Rights Center, challenged the state's failure to establish a facility for female inmates with programs and services equivalent to those provided to male inmates at the state prison…

On June 30, 1983, female prisoners at the New Hampshire State Prison filed a class action lawsuit under 42 U.S.C. § 1983 against the New Hampshire Department of Corrections in the U.S. District Court for the District of New Hampshire. The plaintiffs, represented by New Hampshire Legal Assistance and the Disabilities Rights Center, challenged the state's failure to establish a facility for female inmates with programs and services equivalent to those provided to male inmates at the state prison as a violation of equal protection.

On January 13, 1987, the U.S. District Court for the District of New Hampshire (Judge Martin F. Loughlin) found that the state had violated the plaintiffs' right to equal protection of the law and ordered the construction of a permanent in-state facility for the plaintiffs no later than July 1, 1989. The court also ordered the state to provide a temporary facility for the plaintiffs until the new one was built, but prohibited the state from establishing this facility on the grounds of the Laconia State School and Training Center, which was the state's only institution for care and treatment of citizens with intellectual disabilities.

The defendants appealed this decision, challenging the district court's refusal to disqualify New Hampshire Legal Assistance from representing the plaintiffs due to an unresolvable conflict of interest (they were also attorneys for students at the Laconia State School and Training Center, which opposed the placement of the prisoners at their campus). They also asked the court to overturn the portion of the district court's opinion that barred the establishment of an interim facility at the Laconia State School and Training Center, arguing that this is prohibition was unsupported by facts or the record. On August 25, 1987, the U.S. Court of Appeals for the First Circuit (Judge Frank Coffin) held that New Hampshire Legal Assistance should have been disqualified by the district court due to conflict of interest and that a second class of state mental hospital residents were entitled to intervene after their facility was considered for use by the female prisoners. Fiandaca v. Cunningham, 827 F.2d 825 (1st Cir. 1987). The case was affirmed in part, vacated and remanded in part.

Because this case predates pacer, we do not have any further information. We presume the case is now closed.

Summary Authors

Kristen Sagar (8/6/2007)

People


Judge(s)

Coffin, Frank Morey (Maine)

Loughlin, Martin Francis (New Hampshire)

Attorneys(s) for Plaintiff

Astles, Bertram D. (New Hampshire)

Boots, Robin (New Hampshire)

Isaac, Andrew L. (New Hampshire)

Macintosh, John D. (New Hampshire)

Smith, Diane M. (New Hampshire)

Attorneys(s) for Defendant

Judge, Stephen J. (New Hampshire)

Merrill, Stephen E. (New Hampshire)

Rodgers, Ronald F. (New Hampshire)

Judge(s)

Coffin, Frank Morey (Maine)

Loughlin, Martin Francis (New Hampshire)

Attorneys(s) for Plaintiff

Astles, Bertram D. (New Hampshire)

Boots, Robin (New Hampshire)

Isaac, Andrew L. (New Hampshire)

Macintosh, John D. (New Hampshire)

Smith, Diane M. (New Hampshire)

Attorneys(s) for Defendant

Judge, Stephen J. (New Hampshire)

Merrill, Stephen E. (New Hampshire)

Rodgers, Ronald F. (New Hampshire)

Rodgers (dup), Ronald F. (New Hampshire)

Documents in the Clearinghouse

Document

1:83-cv-00400

Docket (PACER)

Fiandaca v. Prison Warden

Nov. 17, 2003

Nov. 17, 2003

Docket

1:87-01199

87-01200

Reported Opinion

U. S. Court of Appeals for the First Circuit

827 F.2d 825, 1987 U.S.App.LEXIS 11259

Aug. 25, 1987

Aug. 25, 1987

Order/Opinion

Resources

Docket

Last updated June 4, 2022, 3:06 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT (Entered: 02/06/1991)

June 30, 1983

June 30, 1983

Case closed (Entered: 10/31/1991)

Oct. 31, 1991

Oct. 31, 1991

191

MOTION by Mary Ann Fiandaca,, et al for Attorney Fees and Costs (Entered: 03/12/1992)

Feb. 19, 1992

Feb. 19, 1992

192

MOTION by Mary Ann Fiandaca, et al for Final Order (Entered: 03/12/1992)

Feb. 19, 1992

Feb. 19, 1992

193

OBJECTION by Corrections Commr to [191-1] motion for Attorney Fees and Costs (Entered: 03/12/1992)

March 6, 1992

March 6, 1992

194

OBJECTION by Corrections Commr to [192-1] motion for Final Order (Entered: 03/12/1992)

March 6, 1992

March 6, 1992

195

REPLY by Mary Ann Fiandaca to objection to [191-1] motion for Attorney Fees and Costs (Entered: 03/16/1992)

March 16, 1992

March 16, 1992

196

MOTION, Assented to, by Defendants Homer A. Beecher, Robert F. Hamel, June Wentcell, Camille A. Cote, Corrections Commr, Prison Deputy Warden, Governor NH, Prison Warden, Rockingham Jail Sup, William Matson, to Continue 4/20/92 Hearing to after 5/4/92 (jgb) (Entered: 04/06/1992)

March 31, 1992

March 31, 1992

Motion hearing re: [191-1] motion for Attorney Fees and Costs at 9:00 4/20/92, [192-1] motion for Final Order at 9:00 4/20/92 (jgb) (Entered: 04/06/1992)

March 31, 1992

March 31, 1992

ENDORSED ORDER granting [196-1] motion to Continue 4/20/92 Hearing to after 5/4/92, Motion Hearing set for 9:00 5/5/92 for [192-1] motion for Final Order, set for 9:00 5/5/92 for [191-1] motion for Attorney Fees and Costs ( signed by Judge Martin F. Loughlin ) (Entered: 04/08/1992)

April 7, 1992

April 7, 1992

197

NOTICE of appearance by Robin Boots for plaintiffs class members: Shirley Brown, Cindy Gray, Cynthia Dow and Louise D. Simard (jgb) (Entered: 04/10/1992)

April 9, 1992

April 9, 1992

Motion hearing re: [191-1] motion for Attorney Fees and Costs Motion hearing held, [192-1] motion for Final Order Motion hearing held (Entered: 05/05/1992)

May 5, 1992

May 5, 1992

198

Courtroom minutes: [192-1] motion for Final Order taken under advisement, [191-1] motion for Attorney Fees and Costs taken under advisement (Entered: 05/05/1992)

May 5, 1992

May 5, 1992

199

ORDER Pltffs' cnsl to serve proposed final judgment on all members of the class. ( signed by Judge Martin F. Loughlin ) (Entered: 05/05/1992)

May 5, 1992

May 5, 1992

200

Transcript of Hearing held 5/5/92 (Entered: 05/06/1992)

May 6, 1992

May 6, 1992

201

ORDER Refusing Objection to Motion for Final Order/Notice to Class filed by Disabilities Rights League - No standing in this action ( signed by Judge Martin F. Loughlin ) (Entered: 06/01/1992)

May 29, 1992

May 29, 1992

202

ORDER RE REFUSAL OF PLEADINGS, Atty Boots to file new complaint RE disabled female inmates. ( signed by Judge Martin F. Loughlin ) (Entered: 06/05/1992)

June 4, 1992

June 4, 1992

203

MOTION by Robin Boots for Reconsideration of [202-1] order Objection to Motion Deadline 7/2/92 (Entered: 06/15/1992)

June 12, 1992

June 12, 1992

204

ORDER, Court is prepared to reconsider motion and order a full evidentiary hearing. set Notice of Compliance deadline to 7/17/92 for parties to advise of trial estimate ( signed by Judge Martin F. Loughlin ) (Entered: 07/07/1992)

July 6, 1992

July 6, 1992

205

Response to Court order w/estimated length of Trial by Corrections Commr, et al (Entered: 07/20/1992)

July 17, 1992

July 17, 1992

206

LETTER Re: Estimate of Trial Time by Mary Ann Fiandaca (Entered: 07/20/1992)

July 17, 1992

July 17, 1992

207

NOTICE of attorney appearance for Holly Baker, Freda Bushey, Beatrice Callaghan, Anna Pelton, Kathy Ogden, Susan Hughes, Mary Ann Fiandaca by Andrew L. Isaac substituting for Diane Smith (Entered: 09/08/1992)

Sept. 8, 1992

Sept. 8, 1992

208

Order Pleading Refused: Pltff Motino for Final Order - no concurrence/memo ( signed by Senior Judge Martin F. Loughlin ) (Entered: 09/14/1992)

Sept. 14, 1992

Sept. 14, 1992

209

ASSENTED TO MOTION by Holly Baker, Freda Bushey, Beatrice Callaghan, Anna Pelton, Kathy Ogden, Susan Hughes, Mary Ann Fiandaca for Final Order (Entered: 09/23/1992)

Sept. 23, 1992

Sept. 23, 1992

ENDORSED ORDER granting [209-1] motion for Final Order ( signed by Senior Judge Martin F. Loughlin ) (Entered: 09/25/1992)

Sept. 23, 1992

Sept. 23, 1992

210

FINAL ORDER, Deft will provide all members of pltff class with a facility, conditions of confinement and programs and services on parity with those provided to male NH State prisoners. ( signed by Senior Judge Martin F. Loughlin ) (Entered: 09/25/1992)

Sept. 23, 1992

Sept. 23, 1992

ENDORSED ORDER mooting [192-1] motion for Final Order. See order of 9/23/92 granting motion for final order ( signed by Clerk James R. Starr ) (Entered: 09/28/1992)

Sept. 28, 1992

Sept. 28, 1992

ENDORSED ORDER denying [203-1] motion for Reconsideration of [202-1] order ( signed by Senior Judge Martin F. Loughlin ) (Entered: 09/29/1992)

Sept. 28, 1992

Sept. 28, 1992

Motion hearing re: [191-1] motion for Attorney Fees and Costs at 3:15 10/8/92 before Senior Judge Martin F. Loughlin in Courtroom #4 (Entered: 09/29/1992)

Sept. 29, 1992

Sept. 29, 1992

Motion hearing re: [191-1] motion for Attorney Fees and Costs at 9:00 10/8/92 before Senior Judge Martin F. Loughlin in Courtroom #3, Room 418 (Entered: 09/30/1992)

Sept. 30, 1992

Sept. 30, 1992

FILE located at National Archives and Records Administration Waltham, MA. Accession No: 021-930033, Location No: C409119, Box No: 10, (cm) (Entered: 12/02/1999)

Dec. 2, 1999

Dec. 2, 1999

File request to National Archives and Records Administration (NARA). (bc) (Entered: 02/25/2003)

Feb. 25, 2003

Feb. 25, 2003

FILE received from National Archives and Records Administration (NARA). (bc) (Entered: 02/28/2003)

Feb. 28, 2003

Feb. 28, 2003

File Returned to National Archives and Record Administration(bc, ) (Entered: 11/17/2003)

Nov. 17, 2003

Nov. 17, 2003

Case Details

State / Territory: New Hampshire

Case Type(s):

Prison Conditions

Key Dates

Filing Date: June 30, 1983

Case Ongoing: No

Plaintiffs

Plaintiff Description:

female prisoners at the New Hampshire State Prison

Public Interest Lawyer: Yes

Filed Pro Se: Unknown

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

New Hampshire Department of Corrections (Concord), State

Case Details

Causes of Action:

42 U.S.C. § 1983

Constitutional Clause(s):

Equal Protection

Availably Documents:

Trial Court Docket

Any published opinion

Outcome

Prevailing Party: Mixed

Nature of Relief:

Injunction / Injunctive-like Settlement

Source of Relief:

Litigation

Order Duration: 1986 - 0

Issues

General:

Rehabilitation

Discrimination-basis:

Sex discrimination

Affected Gender:

Female

Type of Facility:

Government-run