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)

Attorney for Plaintiff

Astles, Bertram D. (New Hampshire)

Boots, Robin (New Hampshire)

Isaac, Andrew L. (New Hampshire)

Attorney for Defendant

Judge, Stephen J. (New Hampshire)

Documents in the Clearinghouse

Documents in this case

1:83-cv-00400

Docket (PACER)

Fiandaca v. Prison Warden

Nov. 17, 2003

Nov. 17, 2003

Docket

87-01199

87-01200

Reported Opinion

U.S. Court of Appeals for the First Circuit

Aug. 25, 1987

Aug. 25, 1987

Order/Opinion

827 F.2d 825

Docket

Last updated March 24, 2025, 8:07 a.m.

ECF Number Date Description Link
1 June 30, 1983

COMPLAINT (Entered: 02/06/1991)

PACER
Oct. 31, 1991

Case closed (Entered: 10/31/1991)

PACER
191 Feb. 19, 1992

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

PACER
192 Feb. 19, 1992

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

PACER
193 March 6, 1992

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

PACER
194 March 6, 1992

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

PACER
195 March 16, 1992

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

PACER
196 March 31, 1992

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)

PACER
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)

PACER
April 7, 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)

PACER
197 April 9, 1992

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)

PACER
198 May 5, 1992

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)

PACER
199 May 5, 1992

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

PACER
May 5, 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)

PACER
200 May 6, 1992

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

PACER
201 May 29, 1992

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)

PACER
202 June 4, 1992

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)

PACER
203 June 12, 1992

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

PACER
204 July 6, 1992

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)

PACER
205 July 17, 1992

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

PACER
206 July 17, 1992

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

PACER
207 Sept. 8, 1992

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)

PACER
208 Sept. 14, 1992

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

PACER
209 Sept. 23, 1992

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)

PACER
210 Sept. 23, 1992

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)

PACER
Sept. 23, 1992

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

PACER
Sept. 28, 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)

PACER
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)

PACER
Sept. 29, 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)

PACER
Sept. 30, 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)

PACER
Dec. 2, 1999

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)

PACER
Feb. 25, 2003

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

PACER
Feb. 28, 2003

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

PACER
Nov. 17, 2003

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

PACER

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

State

New Hampshire Department of Corrections

Facility Type(s):

Government-run

Case Details

Causes of Action:

42 U.S.C. § 1983

Constitutional Clause(s):

Equal Protection

Other Dockets:

District of New Hampshire 1:83-cv-00400

U.S. Court of Appeals for the First Circuit 87-01199

U.S. Court of Appeals for the First Circuit 87-01200

Available Documents:

Any published opinion

Trial Court Docket

Outcome

Prevailing Party: Plaintiff OR Mixed

Relief Granted:

Injunction / Injunctive-like Settlement

Source of Relief:

Litigation

Issues

General/Misc.:

Rehabilitation

Discrimination Basis:

Sex discrimination

Affected Sex/Gender(s):

Female

Recommended Citation