Case: Feliciano v. Parole Board of the Commonwealth of Puerto Rico

3:79-cv-00004 | U.S. District Court for the District of Puerto Rico

Filed Date: Jan. 3, 1979

Case Ongoing

Clearinghouse coding complete

Case Summary

On January 3, 1979, prisoners housed in Puerto Rican prisons filed this class action lawsuit under 42 U.S.C. § 1983, in the U.S. District Court for the District of Puerto Rico, against the Administration of Corrections of the Commonwealth of Puerto Rico. The plaintiffs, represented by the Civil Action and Education Corporation, asked the court for declaratory and injunctive relief, alleging that the prison system provided inadequate healthcare. They also alleged that the living conditions in …

On January 3, 1979, prisoners housed in Puerto Rican prisons filed this class action lawsuit under 42 U.S.C. § 1983, in the U.S. District Court for the District of Puerto Rico, against the Administration of Corrections of the Commonwealth of Puerto Rico. The plaintiffs, represented by the Civil Action and Education Corporation, asked the court for declaratory and injunctive relief, alleging that the prison system provided inadequate healthcare. They also alleged that the living conditions in the system led to unusually high levels of inmate death, and that the use of solitary confinement cells known as "calabozos" for housing persons voluntarily seeking protective custody constituted cruel punishment. They also complained that the prisons were overcrowded and unsanitary, containing insufficient light and ventilation, as well as a lack of privacy. As the discovery process moved forward, the plaintiffs added complaints in the areas of due process, equal protection, rights of free association, and the right of access to the courts.

On January 5, 1980, Judge Juan Manuel Perez-Gimenez found that the defendants had "blatantly violated the federal Constitution's interdiction against cruel and unusual punishment," running a prison system that was rampant with suicides, violent deaths, raw sewage running in the dormitories and kitchens, toilets that didn't work, prescriptions that did not get filled, no beds or mattresses, no soap, toothbrushes, or toothpaste, food contaminated by rats or other vermin, untrained staff, and overcrowding. Judge Perez-Gimenez found that "psychotic mad men are kept for weeks and months (some pre-trial detainees) caged like animals, without clothes, without toilet facilities, without medicines, forced to eat with their hands and in most cases without ever seeing a doctor." The Court also found that other inmates, seeking asylum from threats of death or serious injury in the general penal population, lost all their privileges, all rehabilitation programs, all chance for parole, and all recreation, all the while being locked in dungeons called "calabozos." In light of these findings, the Court granted a preliminary injunction to the plaintiffs, finding that the prison system needed system-wide changes, and that irreparable harm would occur if immediate relief were not granted. 497 F.Supp. 14.

Six years later, the plaintiffs filed an amended complaint, alleging that their Fifth, Eighth and Fourteenth Amendment rights continued to be violated.

On March 21, 1986, Judge Perez-Gimenez re-examined the defendants' compliance with the injunction, and found that the defendants had "all too frequently offered the appearance of compliance with the decree as a substitute for obedience, that the laws of the Commonwealth had been ignored by administrators (at all levels) who disobeyed in silence, and vast sums of money, whose expenditure had been repeatedly proffered to the court as evidence of reformation, had been wasted without bringing about any substantial and enduring change in the reality of daily life in Puerto Rico's prisons." In order to enforce its orders, Judge Perez-Gimenez decided to appoint two court monitors to assess compliance, report on conditions in the prison system, and prepare a detailed remedial order. 672 F.Supp. 591. On the same day, Judge Perez-Gimenez entered a second order finding that since the defendants had not appealed the court's orders, the plaintiffs were overwhelmingly likely to succeed in this case and it would be inequitable to delay awarding the plaintiffs their attorneys' fees. 1986 WL 21347.

One year later, the plaintiff class asked the court to hold the Governor of Puerto Rico, the Administrator of Corrections, and individual parole board members in contempt for failing to comply with the court's orders. On July 23, 1987, Judge Perez-Gimenez held that the failure of the defendants to comply with the Court's orders amounted to civil contempt of court, ordering them to pay $50,000.00 for violations to the court's orders. Judge Perez-Gimenez also ordered that the defendants would pay a daily fine whenever an inmate was held living in an institution where the maximum capacity had been exceeded. 697 F.Supp. 37.

On September 10, 1986, the parties entered into a stipulation requiring the defendants to provide each prisoner within the jurisdiction at least 55 square feet of living and sleeping space no later then December 31, 1987. Shortly before the deadline for compliance, the defendants asked the court to modify the space order.

On September 14, 1987, Judge Perez-Gimenez denied the motion, holding that they had failed to show that compliance would result in pernicious consequences, and that they had failed to show changed circumstances warranting relief. He also held that the building project that the defendants had undertaken to increase dramatically the available beds for housing did not entitle the prison authorities to relief. 672 F.Supp. 627.

The next week, Judge Perez-Gimenez ordered, due to defendants’ continued non-compliance, a $50,000 sanction, with a daily fine of $10 per inmate whenever an inmate was held in an institution where the maximum capacity was exceeded. In an effort to lower the jail population, Judge Perez-Gimenez also ordered the implementation of an expedited bail project.

These efforts, however, were ultimately unsuccessful in lowering the population to acceptable limits. On August 15, 1988, the court increased the daily fine to $50 per inmate. As further incentive, the court ordered that the daily fine would be increased in September to $60 per inmate. In response to this influx of funds, Judge Perez-Gimenez ordered a special advisory committee be appointed to help the court appropriately spend the accumulated money.

On December 23, 1988, the defendants filed a second motion for relief, asking the court to change the requirement to 35 square feet rather than 55 for at least another year and a half. The court held hearings on this motion from May 3-8, 1990, and on June 7, 1990, Judge Perez-Gimenez denied the defendants' motion to change the 55 square foot standard and ordered the defendants to present the court with a comprehensive compliance plan within 30 days. Judge Perez-Gimenez warned the defendants that if they did not present the plan in a timely fashion, the court would grant damages to the plaintiffs. 1990 WL 83321.

In the meantime, the inmates motioned the court to close the Ponce District Jail (popularly known as "El Castillo") because of the continuing violations of the rights of the detainees. On July 28, 1988, Judge Perez-Gimenez found that the defendants had violated the rights of the inmates of the jail by housing them with convicted inmates and by refusing them access to medical services. While Judge Perez-Gimenez refused to order immediate closing of the jail, he agreed to impose conditions on its continuing operation. 697 F.Supp. 37. The defendants appealed, and on September 26, 1989, the U.S. Court of Appeal for the First Circuit (Judge Stephen Gerald Breyer) affirmed the District Court's decisions, holding that the defendants' compliance with the court orders had not been substantial enough to invalidate the finding of contempt, and that the sanctions imposed by the district court were not too high. 887 F.2d 1 (1st Cir. 1989). The defendants sought Supreme Court review, and on March 19, 1990, the U.S. Supreme Court denied the petition for writ of certiorari. 494 U.S. 1046 (1990).

A few months later, a member of the plaintiff class named Domingo Grajales Cardona filed a complaint with the court, alleging that several defendants had retaliated against him for his cooperation with the plaintiff attorneys in this lawsuit. The court held a hearing and found that the defendants had taken him from his cell, handcuffed him, beaten him, locked him inside a box, and shot several tear gas bombs at him inside the box. Judge Perez-Gimenez ordered each of the four named defendants in the lawsuit to pay the Grajales $125.00 in damages. 704 F.Supp. 16.

Shortly after the court’s June 7, 1988 order, negotiations between the parties broke down. The court found that the plaintiffs had been making reasonable requests, and that the defendants had not negotiated in good faith. The plaintiffs asked the court to hold the defendants in contempt, and the court held a hearing on October 22, 1990. Shortly before the hearing, the defendants again asked the court to modify the stipulation requiring 55 square feet of space for each inmate. On January 10, 1991, Judge Perez-Gimenez denied the defendants' motion and imposed contempt sanctions on them for their noncompliance with the Court's orders. 754 F.Supp. 942. A month later, the court ordered the defendants to pay the plaintiffs' attorneys' fees. 757 F.Supp. 140.

On May 30, 1991, the court entered an order directing the defendants to enter into a contract for conducting evaluations and preparing plans of corrective action to address problems in the jail's living environment. The defendants failed to do so, and on July 18, 1991, Judge Perez-Gimenez held that the court would appoint a special master to enter into the contract on behalf of the prison officials. 771 F.Supp. 11.

The defendants asked the court to grant them partial and temporary relief from the contempt fines. On June 25, 1991, Judge Perez-Gimenez denied the motion, holding that the increase in population at some institutions due to the necessary closing of admission at other institutions due to life-threatening environmental and health conditions did not amount to an unforeseen condition that would excuse compliance. 775 F.Supp. 477.

On October 10, 1991, Judge Perez-Gimenez expressed its extreme frustration with the defendants' ongoing disobedience to the court's orders, noting that the defendants had paid a total of $68,240,910.00 in fines based on their violation of the requirements that the inmates be given a stipulated amount of living space. In an effort to force compliance, Judge Perez-Gimenez ordered the Clerk of the Court to transfer $1,000,000.00 from the special account currently holding the fine money to the United States Treasury each week. 775 F.Supp. 487.

For the next hear and a half, the court closely monitored the case, intermittently approving plans from the court monitors, the special advisory committee, and the appointed special master in areas of medical administration, rehabilitation of drug users, bed space and population management, building codes and staff training. The court also continued to disperse attorney’s fees and other costs in monthly intervals.

On August 19, 1992, the defendants orally requested an injunction barring the opposing counsel from engaging in ex-parte communications with employees, which was summarily denied by the court. The court also ordered that all future applications for funds be filed jointly by plaintiffs and defendants.

The defendants also motioned for a permanent discharge of fines for the dates of November 1991 to May 1992 on September 1, 1992. This issue was fully briefed, and on March 12, 1993, the defendant additionally motioned for a permanent discharge of all fines. These motions were dismissed on June 14, 1993. The court continued to closely monitor various projects presented by the appointed monitors and committee.

In the meantime, the plaintiffs motioned on April 29, 1993, to hold the defendants in contempt for violating the court’s orders to construct a psychiatric hospital. Judge Perez-Gimenez set the hearing for September 27, 1993. Three days before the hearing, both parties motioned to continue the hearing, which was granted by the court.

In October of 1993, the plaintiffs motioned for a temporary restraining order reducing the populations of Section Q of the Bayamon Metropolitan Institute and to increase custodial staff. The court held a meeting in his chambers later that month, where the both parties agreed to a stipulation regarding the restraining order. The plaintiffs submitted an order, which was signed by Judge Perez-Gimenez on October 28, 1993.

On December 17, 1993, the court established that the parties would have a period of discovery, culminating in a pretrial hearing on April 5, 1994, to resolve any outstanding disputes. The plaintiff responded by filing an amended complaint on December 31. Both parties motioned for summary judgment.

On April 28, 1994, the parties entered into a stipulation wherein the defendants agreed to file an organizational plan within 90 days, detailing their plan to achieve compliance with the court's orders on facility standards.

The court continued to monitor monthly expenses of the monitors, committees, and programs. The court approved the stipulation regarding the facilities rehabilitation program on June 8, 1994. Two months later, on August 16, 1994, the plaintiffs motioned to compel the defendants to comply with the court-approved stipulation.

The defendants continued to regularly stipulation to requests made by the plaintiffs regarding custodial and sociopenal staffing, security, and classification. These were approved on September 13, 1994. The court approved more stipulations regarding these issues and other miscellaneous items on December 5, 1994.

The court continued close monitoring of the expense and programs authorized by the court. On January 31, 1995, Judge Perez-Gimenez ordered the defendants to file a list of all Administration of Correction Facilities reflecting the maximum capacity at 55 square feet of living and sleeping space per prisoner for each such institution and for each housing unit. The defendants filed an answer to the amended complaint on February 15, 1995. The defendants also continued to file motions requesting time to complete tasks in their multiple stipulations. The court granted some motions for more time and denied others, imposing fines for non-compliance with the stipulations.

On May 24, 1995, the court ordered that a hearing to be set regarding the Roster Management and Facilities Rehabilitation Program. This hearing was continued upon information that the parties had reached an agreement.

In June, the court held the Administrator of Correction in contempt, fining him $100 each day that he did not comply with the court’s order of reference (specific order is not available). This was resolved on July 6, 1995, when the court ordered an injunction, directing the Administrator of Correction to refrain from allowing false documents of compliance before the court, and to circulate a notice to every employee of their duty to truthfully disclose all information to the court monitor.

The monitoring of the expenses and programs in the Administration of Corrections continued for several years.

On February 28, 1997, the court suspended the joint compliance consultant and instead appointed an expert witness to offer recommendations. The expert witness identified a health crisis within the prison health program, and recommended that a receiver be appointed. Both parties objected to this recommendation. A hearing on the correctional health program was throughout August and September. Judge Perez-Gimenez also issued a check to the Secretary of the Treasury of the Commonwealth of Puerto Rico in the amount of $1.5 million to cover the expenses for the existing contract until the defendants had an opportunity to develop a detailed budge proposal. The parties submitted proposed findings of fact and conclusions of law following the hearing. The court-appointed expert witness also submitted a proposed order with a revised plan for a receiver of a correctional health program. On May 18, 1998, the court ordered a Joint Health Coordinator to run the correctional health program, with a reporting and financial structure fully dependent on the court for operation.

Meanwhile, on January 30, 1998, the plaintiffs filed a motion asking the court to hold the defendants in contempt of the court's orders, asserting that the defendants had disobeyed in the areas of inmate classification, crowding, and staffing. On December 20, 2000, Judge Perez-Gimenez held the defendants in contempt, finding that they were not entitled to protection under the defense of impossibility. 124 F.Supp. 2d 774.

A dispute arose regarding the extent to which the Secretary of the Puerto Rico Department of Health was to control decisions regarding the process of transfer of responsibility for inmate health care from the defendants to a nonprofit private corporation, an action that had been included in the earlier stipulation. The district court assigned new duties to the chief health care coordinator in order to facilitate the transition, and the Secretary appealed. On July 15, 2002, the First Circuit, in an opinion by Judge Bruce Marshall Selya, dismissed that appeal, holding that the District Court's order did not modify the previously issued injunction, and thus was not immediately appealable. 303 F.3d 1 (1st Cir. 2002).

On October 1, 2003, the defendants asked the court to terminate the consent orders that had been entered by the court pursuant to the Prison Litigation Reform Act (PLRA). On January 26, 2004, Judge Perez-Gimenez denied the motion, finding that the historical systemic indifference to the inmates' medical and mental health needs, as well as the institutional failures to comply with the Court's orders, continued to threaten the health and safety of the plaintiff class, requiring the continued operation of the prospective relief in favor of the plaintiffs. 300 F.Supp.2d 321. The defendants appealed, and on August 6, 2004, the First Circuit affirmed the District Court's decision. 378 F.3d 42 (1st Cir. 2004). The defendants asked for Supreme Court review, and on January 10, 2005, the U.S. Supreme Court denied the petition for certiorari. 532 U.S. 1054 (2005).

On February 8, 2010, plaintiffs filed a motion asking the court to order the defendants to show why they should not be held in contempt for failure to comply with food services that passed constitutional muster. The court set the matter for a hearing. Despite being granted additional time to file, the defendants opted not to file any response.

Prior to the hearing the parties attempted to reach a negotiated stipulation which would address the various area of noncompliance. These negotiations were unsuccessful. As a result, the court held a multi-day hearing in May of 2010. At these hearings, the plaintiffs presented the testimony of 13 witnesses, including inmates currently in the custody, the Administration of Corrections' Director of Food Services, and an expert in nutrition, diets and food security, as well as voluminous documentary exhibits demonstrating the extent of the violations of the court's orders, and the defendant's knowledge and deliberate indifference to the ongoing constitutional violations.

On this basis, Judge Perez-Gimenez required the implementation of critical food safety practices and permitted the oversight and implementation of those practices, ordering the defendants to submit an itemized list of what they will do in terms of creating the positions and staffing within forty-five days. 2010 WL 4922700.

For the next several months, Judge Perez-Gimenez continued to monitor the defendants' compliance with the orders that had been entered, including food services order, mental health plan and financial disbursements. In April of 2011, Judge Perez-Gimenez recused himself from the case.

On May 10, 2011, Judge Paul J. Barbadoro was assigned the case. Judge Barbadoro denied the plaintiffs next motion for disbursement of funds, and issued a statement reiterating that counsel needed to submit a memorandum with any future requests for funds. Judge Barbadoro further ordered on September 19, 2011, that the parties should submit reports of current compliance or non-compliance of the various orders to prepare for settlement discussions. The parties submitted these reports in November. On December 14, 2011, Judge Barbadoro appointed Judge Charles Cordero as settlement master for the negotiations, with regular status reports to the court.

The parties reached an injunctive agreement the following year. The settlement agreement superseded all prior orders, and outlined nine areas where the defendant agreed to change its practices: (1) access to the courts, (2) laundry services, (3) classification, (4) medical services, (5) food services, (6) admission cells, and (7) recreation (8) staffing and security, and (9) environmental conditions.

The defendants agreed to have a staffed library, legal supplies, access to attorneys and a working grievance procedure. The defendants agreed to provide three sets of clean clothes to each inmate, clean bedding that was changed weekly, adequate soap in the laundry service area, and a laundry procedure that guaranteed the laundry machines would be serviced within 30 days of a need for repair. The defendants agreed to follow the developed classification manual for classifying and housing inmates. The defendants agreed to follow the 2011 Mental Health Plan and to keep a file of each inmate’s current medications. The defendants agreed to follow the 2009 Federal Food Code. The defendants agreed to use the prisons' admissions area as a temporary location for inmates and not keep them there for more than 24 hours. The defendants agreed to establish a recreation plan with at least two hours outside for five days a week. The defendants agreed to initiate a recruitment plan to fill the identified 635 missing officers system-wide, as well as the estimated yearly attrition of 250 workers per year. The defendants agreed that the new officers would receive 40 hours of initial training, as well as 40 hours of annual training. Finally, the defendants agreed to regularly evaluate and fix any environmental concerns.

The defendants also agreed to other miscellaneous provisions, including the elimination of double bunking, canceling visits as a disciplinary measure, and regular parole review.

On December 13, 2012, Judge Barbadoro signed the settlement agreement. It was scheduled to last two years, and stated "Upon completion of said time period, the relief stipulated by the parties shall be terminated, unless otherwise provided by the Court pursuant to the Prison Litigation Reform Act."

The court continued to monitor the expenses of the prison system through monthly invoice reports. On May 16, 2013, the plaintiffs submitted a status report, alleging that the defendants were not in compliance in several areas. First, the plaintiffs stated that the inmates’ access to court had been compromised, with no paralegal assistance in the prison libraries and an undeveloped grievance procedure. Second, the plaintiffs alleged there was a laundry service problem, causing clothing and bedding shortage. Third, the plaintiffs alleged that the prison did not have enough money in their budget to run the medial service program. The plaintiffs also had concerns with the defendant’s ability to meet the required staffing, environmental and capacity standards. The court held a series of video status conferences with both parties to discuss the settlement agreement and budget issues.

On May 5, 2014, Judge Barbadoro requested another status report with the ongoing points of contention between the parties. The parties submitted a spreadsheet that highlighted many of the same problems as the May 16, 2013 report: There were no paralegals, no grievance procedures, and not enough clean laundry. The plaintiffs expressed concern that there was still no transportation of inmates to medical care. The plaintiffs alleged that the food was not up to the agreed upon 2009 Federal Food Code standards. They alleged that the inmates were not receiving daily opportunities for physical movement. Finally, the plaintiffs were alleged that there was not enough trained staffing in most areas of the facility, that the buildings were in a state of disrepair, and that double bunking of maximum-security inmates was still occurring. The defendants asserted that they were either in the process of complying or had complied with all the regulations.

On September 15, 2014, the defendants motioned to amend the settlement agreement, arguing that, in light of the current financial distress of Puerto Rico, it was too high of a financial burden on the defendants. The plaintiffs responded later that month, objecting to the changes.

On December 4, 2014, the plaintiffs also filed a motion to extend the court’s supervision of the settlement agreement, which was scheduled to end December of 2014. Judge Barbadoro immediately granted an order extending the settlement agreement until December 31, 2014.

On December 19, 2014, the defendants withdrew their motion before the court to amend the settlement agreement. On the same day, the parties filed an unrelated, joint final private settlement before the court for damages to the prisoners incarcerated under unconstitutional conditions. The damages settlement, while nominally submitted to the court, continued to be discussed between the parties for several months.

On March 2, 2015, Judge Barbadoro requested that the parties either file an amended damages agreement or file a notice of intent not to file an amended agreement. The parties immediately filed requesting until March 13, 2015 to submit the proposed agreement, which the court granted. The final damages agreement, a private settlement and benefits proposal, was submitted on March 30, 2015.

In the agreement, the parties proposed a system of giving individual inmates who had been incarcerated between 1980 to present a package of various educational, housing, health, recreation, public transportation and Department of Correction commissary benefits.

On May 4, 2015, the court entered an order requesting estimates from both the plaintiffs and defendants on final costs associated with complying with the 2012 injunctive settlement agreement.

Judge Barbadoro approved the damages settlement on November 30, 2015.

On February 3, 2016, the plaintiffs started destroying old files relating to this case. The court continued to be focus on financially resolving both the damages and injunctive agreement aspects of this case.

On March 31, 2016, the parties submitted a joint motion requesting that the claims period begin on May 15, 2016 and end after 6 months on November 15, 2016. Judge Barbadoro granted the motion on April 1, 2016 and ordered that the plaintiffs publish notice of the claims via newspapers and take the notice website live to ensure that class members receive proper notice of the benefits they were entitled to under the settlement. On May 9, 2016, the court granted a motion that stipulated that the notification plan be paid for with fine funds.

On August 23, 2016, Judge Barbadoro ordered that the remaining fine funds would be paid to the Commonwealth of Puerto Rico. The more than $20 million would be used to benefit inmates in Puerto Rico's correctional system. The court would continue to oversee the funds and the Commonwealth had to receive approval for the intended use of the funds from the court. The Commonwealth's obligation to pay the remaining fines was cancelled.

The Commonwealth of Puerto Rico continued to request approval of the funds from the court that benefitted Puerto Rican inmates. The court approved all requests. Some of the funds were used for improved educational programs for inmates and improved electronic recording for the management of inmates. The last action on the docket was September 6, 2019.

Summary Authors

Kristen Sagar (10/5/2007)

Lakshmi Gopal (5/15/2016)

Kathryn DeLong (11/10/2016)

Cedar Hobbs (1/24/2020)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/4376444/parties/morales-feliciano-v-garcia-padilla/


Judge(s)

Barbadoro, Paul J. (New Hampshire)

Boudin, Michael (Massachusetts)

Bownes, Hugh Henry (New Hampshire)

Breyer, Stephen Gerald (District of Columbia)

Lipez, Kermit Victor (Maine)

Lynch, Sandra Lea (Massachusetts)

Pérez-Giménez, Juan Manuel (Puerto Rico)

Selya, Bruce Marshall (Rhode Island)

Attorneys(s) for Plaintiff

Alfonso-Garcia, Ricardo (Puerto Rico)

Anduze, Harry (Puerto Rico)

Judge(s)

Barbadoro, Paul J. (New Hampshire)

Boudin, Michael (Massachusetts)

Bownes, Hugh Henry (New Hampshire)

Breyer, Stephen Gerald (District of Columbia)

Lipez, Kermit Victor (Maine)

Lynch, Sandra Lea (Massachusetts)

Pérez-Giménez, Juan Manuel (Puerto Rico)

Selya, Bruce Marshall (Rhode Island)

Attorneys(s) for Plaintiff

Alfonso-Garcia, Ricardo (Puerto Rico)

Anduze, Harry (Puerto Rico)

Arraiza-Navas, Fermin Luis (Puerto Rico)

Bird-Lopez, Alejandra Ysabel (Puerto Rico)

Brill, Rachel (Puerto Rico)

Bruno, Francisco G. (Puerto Rico)

Castro-Lang, Rafael F. (Puerto Rico)

Cruz-Niemiec, Rosa M. (Puerto Rico)

Diaz de Carreras, Ivonne (Puerto Rico)

Fernandez-Sein, Jose E. (Puerto Rico)

Gallegos, Pia (Puerto Rico)

Gonzalez−Valiente, Rafael A. (Puerto Rico)

Henriquez-Carrero, Luis A. (Puerto Rico)

Jesus−Rodriguez, Evelyn Aimee (Puerto Rico)

Lausell−Recurt, Steven P. (Puerto Rico)

Longo-de-Morgan, Dennisse N. (Florida)

Malavet-Cruz, Pedro A. (Puerto Rico)

McGiverin, Bruce J. (Puerto Rico)

Miranda-Rodriguez, Lillian N. (Puerto Rico)

Montano, Harry Anduze (Puerto Rico)

Nachman, Harvey B. (Puerto Rico)

Olmo-Rodriquez, Jose R. (Puerto Rico)

Padilla-Rodriguez, Tanaira (Puerto Rico)

Perez-Bachs, Rafael (Puerto Rico)

Perez-Borrero, Arlene R. (Puerto Rico)

Quinones, Dennise N. Longo (Puerto Rico)

Ramos-Gonzalez, Carlos E. (Puerto Rico)

Ramos-Luina, Guillermo J. (Puerto Rico)

Rivera-Guadarrama, Millagros (Puerto Rico)

Rodriguez-Banchs, Manuel A. (Puerto Rico)

Rodriguez-Matias, Nora (Puerto Rico)

Rodriguez-Rivera, Rafael E. (Puerto Rico)

Roque-Velazquez, Jose R. (Puerto Rico)

Sarriera−Roman, Miguel (Puerto Rico)

Villaronga, Luis M. (Puerto Rico)

Williams-English, Jeffrey M. (California)

Attorneys(s) for Defendant

Colon, Kenneth (Puerto Rico)

Conrad-Rodriquez, John F. (Puerto Rico)

Crespin-Credi, Esther (Puerto Rico)

De Jesus Annoni, Gerardo A. (Puerto Rico)

Del-Valle-Cruz, Carlos A. (Puerto Rico)

Del-Valle-Emmanuelli, Luis F. (Puerto Rico)

del Valle Ferrer, Pedro A. (Puerto Rico)

Donnin, Robert B. (District of Columbia)

Eacudero, Raul Juan (Puerto Rico)

Estrella, Eduardo R. (Puerto Rico)

Fax, Charles S. (Maryland)

Fernandez Paoli, Jose A. (Puerto Rico)

Flax, Hjalmar (Puerto Rico)

Garcia-Gregory, Jay A. (Puerto Rico)

Garcia-Gutierrez, Carlos V. (Puerto Rico)

Guinot, Luis Jr. (District of Columbia)

Heffelfinger, Thomas (Minnesota)

Iguina−Oharriz, Carlos R. (Puerto Rico)

Landron-Guardiola, Eileen (Puerto Rico)

Lefranc-Romero, Roberto (Puerto Rico)

Lugo-Auffant, Daliah (Puerto Rico)

Maldonado-Colon, Mayra (Puerto Rico)

Martin, Manuel A. (Puerto Rico)

Mendez-Morales, Elfrick (Puerto Rico)

Montanez Aviles, Luis R. (Puerto Rico)

Morgan, Marshal D. (Florida)

Nazario Briceno, Miguel A. (Puerto Rico)

Nemcik-Cruz, Rick (California)

Ramirez-Lavandero, Marcos A. (Puerto Rico)

Rivera-Carrero, Gloria (Puerto Rico)

Rodriguez, Anabelle (District of Columbia)

Rodriguez-Garcia, Carlos (Puerto Rico)

Rondon Melindez, Jorge (Puerto Rico)

Sanchez Betances, Luis (Puerto Rico)

Stroud, Barron L. (District of Columbia)

Trigo-Ferraiuoli, Mercedes (Puerto Rico)

Tsaknis, Mayda Colon (District of Columbia)

Vera-Ramirez, Eduardo A. (Puerto Rico)

Other Attorney(s)

Beauchamp-Richards, Christina M. (Puerto Rico)

Escanellas−Rivera, Anibal (Puerto Rico)

Feldstein−Del Valle, Joseph G. (Puerto Rico)

Graffam, William A. (Puerto Rico)

Macari-Grillo, Guillermo A. (Puerto Rico)

Millado, Ramon (Puerto Rico)

Rotger Sabat, Angel E. (Puerto Rico)

Salas Garcia, Edelmiro (Puerto Rico)

Tirado Barreras, Luis E. (Puerto Rico)

Expert/Monitor/Master

Cordero, Charles A. (Puerto Rico)

Documents in the Clearinghouse

Document

3:79-cv-00004

Docket [PACER]

Morales-Feliciano v. Garcia-Padilla

Sept. 6, 2019

Sept. 6, 2019

Docket

3:79-cv-00004

Opinion and Order

Feliciano v. Barcelo

497 F.Supp. 14

Jan. 3, 1979

Jan. 3, 1979

Order/Opinion

3:79-cv-00004

Order

Feliciano v. Barcelo

605 F.Supp. 967

March 20, 1985

March 20, 1985

Order/Opinion
868

3:79-cv-00004

Memorandum Opinion

Morales Feliciano v. Romero Barcelo

672 F.Supp. 591

March 21, 1986

March 21, 1986

Order/Opinion

3:79-cv-00004

Memorandum and Order Interim Attorneys' Fees

Feliciano v. Barcelo

1986 WL 21347, 1986 U.S.Dist.LEXIS 27926

March 21, 1986

March 21, 1986

Order/Opinion
1029

3:79-cv-00004

Opinion and Order

Morales Feliciano v. Hernandez Colon

697 F.Supp. 26

July 23, 1987

July 23, 1987

Order/Opinion

3:79-cv-00004

Opinion and Order

Morales Feliciano v. Hernandez Colon

672 F.Supp. 627

Sept. 14, 1987

Sept. 14, 1987

Order/Opinion

3:79-cv-00004

Opinion and Order

Morales Feliciano v. Hernandez Colon

697 F.Supp. 37

July 28, 1988

July 28, 1988

Order/Opinion

3:79-cv-00004

Opinion and Order

Morales Feliciano v. Hernandez Colon

697 F.Supp. 51

Sept. 23, 1988

Sept. 23, 1988

Order/Opinion

3:79-cv-00004

Opinion and Order

Morales Feliciano v. Hernandez Colon

704 F.Supp. 16

Dec. 30, 1988

Dec. 30, 1988

Order/Opinion

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4376444/morales-feliciano-v-garcia-padilla/

Last updated June 2, 2022, 3:01 a.m.

ECF Number Description Date Link Date / Link
7

COMPLAINT in forma pauperis fld. (el) (Entered: 07/16/1992)

Feb. 7, 1979

Feb. 7, 1979

PACER
373

ORDER ( signed by Judge Juan M. Perez-Gimenez ) that all calabozos' or dungeons, or isolation cells in each of the closed institutions operated by the Adm. of Corrections be closed. Further that all persons mentally unfit and presently confined in the unit known as Lower Maximum 1, at Bayamon Reg. Inst. be forthwith transferred to psychiatric hospitals; further that by no later than 9/22/80 defts shall notify the Crt that a full time medical director has been app. for not less than 1 yr.; that within 1 wk from his app. he shall establish procedures for the medical screening of each incoming p.t. detainee or prisoner which shall include a complete physical exam., etc.; that within 60 days the Adm. of Corr. shall provide inmates w. soap, towels, toothpaste, etc.; that examinations shall be provided to food handlers hereafter so that no food handler shall be more than 6 months on job duty w/o an exam., etc.; that Adm. of Corr. shall repair immediately the plumbing system and shall file a report w/Crt. concerning said repairs; that steps by Adm. of Corr. to insure 35 sq. ft per inmate as temporary measure only within 6 months; that plan shall be submitted within 90 days showing steps the Adm. of Corr. is taking to provide no less than 70 sq. ft per individually celled inmate and 55 sq.ft for inmates housed in dormitories, etc.; that injunciton ordered herein is considered to be a claim separate and apart from other claims including those for costs and atty's fees, etc. (el) (Entered: 07/16/1992)

Sept. 5, 1980

Sept. 5, 1980

PACER
863

AMENDED COMPLAINT by Carlos Morales-Feliciano amending [7-1] complaint (el) (Entered: 07/16/1992)

Feb. 19, 1986

Feb. 19, 1986

PACER
868

MEMORANDUM OPINION ( signed by Judge Juan M. Perez-Gimenez ) Findings that the fifth, eighth and fourteenth Amendments to the Constitution of the U.S. have been and continue to be violated by the defts. (el) (Entered: 07/16/1992)

March 21, 1986

March 21, 1986

PACER
869

ORDER OF REFERENCE ( signed by Judge Juan M. Perez-Gimenez ) Court appointing Vicent M. Nathan and Frederick Byers as Court Monitors and directing them to file a current assessment of the state of defts' compliance with its 9/5/80 order, to report on conditions disclosed by evidence, and to prepare a proposed detailed remedial order calculate to bring about constitutional conditions throughout the correctional system. Defendants are directed to deposit the sum of $150,000.00 w/the Clerk as interim pymts of costs, etc. (el) (Entered: 07/16/1992)

March 21, 1986

March 21, 1986

PACER
910

STIPULATION by Carlos Morales-Feliciano, Defendant-All: re compl/w Crt's order of 9/5/80 as to sleeping and living space required for each inmate and req. to w/d pltfs' motion seeking contempt penalties against defts. (el) Modified on 07/23/1992 (Entered: 07/17/1992)

Sept. 10, 1986

Sept. 10, 1986

PACER
916

ORDER granting [910-1] stipulation provisionally and directing the defts to proceed to implement the terms of said stipulation, etc. ( signed by Judge Juan M. Perez-Gimenez ) (el) (Entered: 07/17/1992)

Sept. 29, 1986

Sept. 29, 1986

PACER
1029

ORDER Due to non-compliance w/Orders of this Crrt, the Governor, the Administrator of Correction and the members of the Parole Board shall pay as Sanctions the amt of $50,000.00 for violation to Crt's orders. Also a daily fine of $10.00 per inmate shall be paid whenever an inmate is held living in an institution where the maximum capacity has been exceeded. ( signed by Judge Juan M. Perez-Gimenez ) (el) (Entered: 07/17/1992)

July 23, 1987

July 23, 1987

PACER
1233

ORDER: Within 30 days an Expedited Bail Project shall be implemented. The criteria established by defts shall be fld within 15 days. The Crt Monitors shall nominate an individual to serve as Executive Director of the EBP and shall recommend a level of compensation for that individual. The Administration of Correction shall develop and file criteria for making recommendation of executive clemency to the Governor, etc. ( signed by Judge Juan M. Perez-Gimenez ) (el) (Entered: 07/17/1992)

May 2, 1988

May 2, 1988

PACER
1343

MEMORANDUM OPINION AND ORDER, Directing defts to pay as Sanctions a daily fine of $50.00 per inmate for any prisoner hld at any institution in violation of the maximum capacity of the housing unit to which he is assigned. Should defts fail to achieve compliance by 9/1/88 the fine shall increase to $60.00 per inmate and shall continue to increase by $10.00 per inmate on the first day of each succeeding month until compliance is achieved. ( signed by Judge Juan M. Perez-Gimenez ) (el) (Entered: 07/17/1992)

Aug. 15, 1988

Aug. 15, 1988

PACER
1912

ORDER: Directing the Crt Monitor to nominate no more than 7 members of the PR community to serve as members of a consulting committee, to be known as the Morales Feliciano Special Advisory Committee, etc., and to commence function pursuant to terms of this Order, etc. Further that the Committee shall remain in existence until further order of the Crt, etc. The Committee is to consider and evaluate projects and programs and assist the Crt in making its determination of expenditures to be made from the fine fund, etc. as stated herein. ( signed by Judge Juan M. Perez-Gimenez ) (el) (Entered: 07/17/1992)

Oct. 24, 1989

Oct. 24, 1989

PACER
2016

ORDER: Appointing Dr. Eliezer Curet Cuevas, Enrique Irizarry, Jr., Enrique Marti Coll, Juan Agosto Alicea and Norman Maldonado, M.D. to serve as members of the Morales Feliciano Advisory Committee. It is further ordered that the committee shall assume all responsibilities delegated to it in the Crt's Order of 10/24/89. ( signed by Judge Juan M. Perez-Gimenez ) (el) Modified on 07/23/1992 (Entered: 07/17/1992)

Jan. 12, 1990

Jan. 12, 1990

PACER
2322

MOTION SUBMITTING COMPREHENSIVE PLAN w/attachment of said plan, by Defendants-All (el) (Entered: 07/17/1992)

July 20, 1990

July 20, 1990

PACER
2429

MOTION by Defendant-All to Amend [910-1] stipulation re the 55 sq. ft standard due to emergency temporary housing project, by Defendant-All, Carlos Morales-Feliciano (el) Modified on 07/23/1992 (Entered: 07/17/1992)

Oct. 4, 1990

Oct. 4, 1990

PACER
2586

ORDER denying [2429-1] motion to Amend [910-1] stipulation re the 55 sq. ft standard due to emergency temporary housing project, by Defendant-All, Carlos Morales-Feliciano. defts to be in continuing civil contempt for non-compliance of the 55 sq ft of living space per inmate; and imposing a daily fine/Sanctions of $10.00 per prisoner in an institution where the maximum capacity has exceeded and that said fine shall increase by the sum of $5.00 per month per prisoner on the first day of each succeeding month until defts have achieved compl/w Crt's Order of 1/26/87; that all fines paid pursuant to this order shall be deposited in the registry for the receipt of fine purs/Crt's order of 7/23/87, etc. ( signed by Judge Juan M. Perez-Gimenez ) (el) Modified on 07/23/1992 (Entered: 07/17/1992)

Jan. 10, 1991

Jan. 10, 1991

PACER
2607

MOTION SUBMITTING Second Comprehensive Semi Anuual Report on compliance progress with requiremnts of the medical care plan and mental health plan by Defendant-All (el) (Entered: 07/17/1992)

Jan. 22, 1991

Jan. 22, 1991

PACER
2690

ORDER, Establishing a Special Fund for Disbursement of Funds for pymt of pltfs' atty fees and expenses on a regular basis as stated herein. ( signed by Judge Juan M. Perez-Gimenez ) (el) (Entered: 07/17/1992)

Feb. 25, 1991

Feb. 25, 1991

PACER
2922

MEMORANDUM OPINION AND ORDER: Finding deft to be in civil contempt of this Crt's order of 3-30-90 requiring the preparation and filing of evaluations of electrical, plumbing and major structural deficiencies in all faciliities of the Adm. of Corrections, as well as of plan for corrective actions in accordance with Sec. 17, 18 and 19 of the environmental plan. Deft shall enter into and file a contract with BRCA to complete the required evaluations and to prepare the necessary corrective action plans. ( signed by Judge Juan M. Perez-Gimenez ) (el) (Entered: 07/17/1992)

May 30, 1991

May 30, 1991

PACER
3107

MEMORANDUM OPINION AND ORDER: Defts are adjudged to be in civil contempt for their failure to file in evidence of the availability of adequate funding for the construction or renovation of a forensic facility as required by the Mental Health Plan. However NO SANCTIONS will be imposed. Deft are to file final construction plans for the new forensic hospital and a revised and final staffing plan, etc. ( signed by Judge Juan M. Perez-Gimenez ) (el) (Entered: 07/17/1992)

Aug. 6, 1991

Aug. 6, 1991

PACER
3145

Report re: Progress Report by Special Advisory Committee. (el) (Entered: 07/17/1992)

Aug. 27, 1991

Aug. 27, 1991

PACER
3149

158th Report by Vincent M. Nathan re: assessment of defts' revised classificaiton manual. (el) (Entered: 07/17/1992)

Aug. 27, 1991

Aug. 27, 1991

PACER
3174

ORDER, for the Collection of Registry Fund fee and directing the Clerk to Disburse the amt of $338,527.39 in pymt of the Registry Fee. This covers the amt of the fee from its inception on 6-12-89 to 7-31-91. From here on and in accordance with the statute the Registry fee will be imposed, calculated and paid w/o need of further order from Crt. ( signed by Judge Juan M. Perez-Gimenez ) (el) (Entered: 07/17/1992)

Sept. 11, 1991

Sept. 11, 1991

PACER
3237

ORDER Apprvg Crt Monitors' application of additional medical expert and for use of fine monies to compensate all expert consultants; directing the Clerk to transfer the sum of $250,000.00 from the special fund to the Center for the Study of Law & Institutional Litigation to permit pymt of all fees and expenses incurred by the Crt Monitor in connection with expert consultants employed by that Office, etc. ( signed by Judge Juan M. Perez-Gimenez ) (el) (Entered: 07/17/1992)

Oct. 10, 1991

Oct. 10, 1991

PACER
3253

ORDER Directing the Clerk to contract the services of Vila del Corral to provide on-going support in the accounting management of this case. Vila del Corral shall be reimbursed the fee of $500.00 per wk for these services from the special fund created as result of the fines imposed and collected in Civil 79-4(PG). ( signed by Judge Juan M. Perez-Gimenez ) (el) (Entered: 07/17/1992)

Oct. 17, 1991

Oct. 17, 1991

PACER
3334

Report re: PROGRESS REPORT, by Special Advisory Committee. (el) (Entered: 07/17/1992)

Nov. 21, 1991

Nov. 21, 1991

PACER
3379

Recommendation Report by the Special Advisory Committeer and Crt Monitor Vincent M. Nathan re: for funding of a program for the rehabilitation of drug users under the Auspices of Hogares Crea, Inc. (el) (Entered: 07/17/1992)

Dec. 11, 1991

Dec. 11, 1991

PACER
3403

ORDER granting and confirming the [3149-1] 158th report re assessment of defts' revised classification manual; directing defts to file within 90 days of entry of this order 1) a revision of the revised Classificaiton Manuel pertaining to sentenced inmates; 2) a plan establishing institutional security designations for all currently exisitng and projected AOC penal institutions; 3) a plan for the utilization of all currently existing and projected bed space corresponding to the custody profile of the AOC's penal population and defts shall file a proposed implementation schedule for their pilot pretrial intake screening project and a proposed time frame for the development and filing of a pretrial classification manual. ( signed by Judge Juan M. Perez-Gimenez ) (el) Modified on 07/23/1992 (Entered: 07/17/1992)

Dec. 27, 1991

Dec. 27, 1991

PACER
3413

STIPULATION regarding population management and pilot project at Ponce jail by Carlos Morales-Feliciano, Defendant-All . (el) (Entered: 07/17/1992)

Jan. 2, 1992

Jan. 2, 1992

PACER
3436

ORDER temporarily granting [3413-1] stipulation re population management and a pilot project at Ponce, etc. ( signed by Judge Juan M. Perez-Gimenez ) (el) (Entered: 07/17/1992)

Jan. 10, 1992

Jan. 10, 1992

PACER
3438

ORDER Apprvg and granting [3379-1] recommendation report of the Special Advisory Committee and the Crt Monitor seeking the expenditure of $217,106.00 from fine monies hld in special fund and that these funds shall be expended by Hogar Crea in a manner consistent with the proposal set forth in Exh. B to the recommendation of the Special Advisory Committee and the Crt Monitor. Further ordered that upon recpt and apprvl of each monthly report the acctg of expenditures by Hogar Crea the Crt will enter an appropriate order for pymt of expenditures during the preceding month. ( signed by Judge Juan M. Perez-Gimenez ) (el) (Entered: 07/23/1992)

Jan. 13, 1992

Jan. 13, 1992

PACER
3453

FOURTH AMENDED COMPLAINT by Carlos Morales-Feliciano amending [7-1] complaint (el) (Entered: 07/17/1992)

Jan. 21, 1992

Jan. 21, 1992

PACER
3521

MOTION SUBMITTING Fourth Semiannual Comprehensive Report by Defendant-All (el) (Entered: 07/17/1992)

Feb. 21, 1992

Feb. 21, 1992

PACER
3575

**VACATED SEE 9971 ORDER**ORDER Approving and granting [3413-1] stipulation re population management and a pilot project at Ponce. All defts are enjoined to proceed forthwith to implement the terms of the stipulation according to the timetables set forth therein. ( signed by Judge Juan M. Perez-Gimenez ) (el) Modified on 8/18/2011 (cm). (Entered: 07/17/1992)

March 20, 1992

March 20, 1992

PACER
3587

Report re: First report of the program for the rehabilitation of Drug Users under the Auspices of Hogar Crea pursuant to Crt's Order of 1/13/92, by Director of Alicea Alvarado of Program for Rehabilitation of Drug Users. (el) (Entered: 07/17/1992)

March 27, 1992

March 27, 1992

PACER
3631

MOTION SUBMITTING revised classification manual by Defendant-All (el) (Entered: 07/20/1992)

April 14, 1992

April 14, 1992

PACER
3633

Report re: Second Report of the Program for the rehabilitation of drug users under the auspices of Hogar Crea by Director of Program Elliot Alicea Alvarado ad Juan Jose Garcia Rio, President of Hogar Crea. (el) (Entered: 07/17/1992)

April 14, 1992

April 14, 1992

PACER
3648

MOTION by Defendant-All counsel submitting time record for Attorney Fees for the period of 7-1-91 to 12-31-91. (Sealed time records attached) (el) (Entered: 07/17/1992)

April 28, 1992

April 28, 1992

PACER
3670

ORDER, to Amend [869-1] order in which the Crt Monitor is apptd and his functions are outlined. This order is amended to the extent that the Crt Monitor shall serve as mediators among the parties. To this end, the Crt Monitors shall continue to deal informally with the parties and with counsel as issues arise that require discussion and resolution. ( signed by Judge Juan M. Perez-Gimenez ) (el) Modified on 07/23/1992 (Entered: 07/17/1992)

May 5, 1992

May 5, 1992

PACER
3682

Third Report re: of the Program for the Rehabilitation of drug Users under the Auspices of Hogar Crea, by Director of the Program Elliot Alicea Alvarado and Juan Jose Garcia, President of Hogar Cea. (el) Modified on 07/23/1992 (Entered: 07/17/1992)

May 14, 1992

May 14, 1992

PACER
3686

ORDER granting [3631-1] defts' Inmate Classification Manual and directing defts to file with the Crt no later than 60 days upon EOD a staff training curriculum identifying by position all staff members charged with responsibilities related to inmate classification and defts shall file a Spanish translation of their Revised Classification Manual for sentenced inmates within 60 days. (EOD 5/27/92)( signed by Judge Juan M. Perez-Gimenez ) (el) (Entered: 07/20/1992)

May 15, 1992

May 15, 1992

PACER
3716

MOTION by Carlos Morales-Feliciano to Correct water problems at Rio Piedras complex. (el) (Entered: 07/20/1992)

June 4, 1992

June 4, 1992

PACER
3720

NOTICE of by Carlos Morales-Feliciano thru Atty Garcia Gutierrez of pltfs' class of intention to litigate matters concerning the Rio Piedras Prison Complex. (el) (Entered: 07/20/1992)

June 8, 1992

June 8, 1992

PACER
3749

203rd Report by Vincent M. Nathan Crt Monitor re: overcrowding. (Exhb D attchd) (el) (Entered: 07/17/1992)

June 24, 1992

June 24, 1992

PACER
3750

204th Report by Vincent M. Nathan Crt Monitor re: overcrowding. (Exhb D attchd) (el) (Entered: 07/17/1992)

June 24, 1992

June 24, 1992

PACER
3755

ORDER Confirming and granting [3749-1] report and the pymt of $5,913,950.00 is suspended pursuant to the Stipulation re population management and a Pilot Project at Ponce. ( signed by Judge Juan M. Perez-Gimenez ) (el) (Entered: 07/17/1992)

June 26, 1992

June 26, 1992

PACER
3758

ORDER: Authorizing and accepting the Special Master's final report and that vacating Crt's order of 6/12/91 announcing of its intention to appoint a special master and its order of 7/17/91 apptg Jorge A. Pierluisi Diaz to serve as special master are vacated and the Special Master is relieved of all further responsibility. Directing the Special Master and his legal counsel to submit for the Crt's review and apprvl final stmts of fees and expenses incurred during the performance of their duties within 30 days; deft shall enter into and file a contract with BRCA or with RJAG within 10 days of entry of this order for the purpose of accomplishing the objectives of sections 17, 18 and 19 of the Environmental Plan apprvd by the Crt on 3-30-90; further ordered that upon joint application by the parties, not more than $3,428,000. in fine monies shall be transferred as they become necessary to defray a portion of the expenses incurred by defts in connection with their contract. ( signed by Judge Juan M. Perez-Gimenez ) (el) (Entered: 07/17/1992)

June 29, 1992

June 29, 1992

PACER
3762

JOINT MOTION by Carlos Morales-Feliciano, Defendant-All on population caps pursuant to para. #5 of the parties' stipulation of 12-30-91. (el) (Entered: 07/20/1992)

June 29, 1992

June 29, 1992

PACER
3765

189th Report by Vincent M. Nathan re: defts' state of compliance with ACA constructions standards in the new dormitory at Camp La Pica. (el) (Entered: 07/17/1992)

June 30, 1992

June 30, 1992

PACER
3769

199th Report by Vincent M. Nathan re: defts' repair of water treatment plants at Camp Punta Lima and Camp La Pica. (el) (Entered: 07/17/1992)

July 2, 1992

July 2, 1992

PACER
3770

200th Report by Vincent M. Nathan re: defts' progress toward compliance with their environmental plan as assessed by the Crt's consultants in Jan/92. (el) (Entered: 07/17/1992)

July 2, 1992

July 2, 1992

PACER
3776

APPLICATION by Carlos Morales-Feliciano for Attorney Fees in the amt of $4,025.52 for the month of June/92 for Atty Carlos Ramos Gonzalez. (el) (Entered: 07/20/1992)

July 6, 1992

July 6, 1992

PACER
3777

APPLICATION by Carlos Morales-Feliciano for Attorney Fees in the amt of $2,271.36 and expenses in the amt of $31.87 for the month of June, 1992 for Atty Harry Anduze Montano. (el) (Entered: 07/20/1992)

July 6, 1992

July 6, 1992

PACER
3778

APPLICATION by Carlos Morales-Feliciano for Attorney Fees in the amt of $10,824.32 and expenses in the amt of $770.34 for the month of May 1992; the amt of $9,728.16 for atty fee and $816.27 for expenses for the month of June, 1992 for Atty Carlos Garcia Gutierrez. (el) (Entered: 07/20/1992)

July 6, 1992

July 6, 1992

PACER
3779

APPLICATION by Carlos Morales-Feliciano for Attorney Fees in the amt of $661.50 for the month of June, 1992 for Atty Nora L. Rodriguez Matias. (el) (Entered: 07/20/1992)

July 6, 1992

July 6, 1992

PACER
3781

APPLICATION by Carlos Morales-Feliciano for Attorney Fees in the amt of $12,250.46 for the month of June, 1992 for Atty Pia Gallegos (el) (Entered: 07/20/1992)

July 6, 1992

July 6, 1992

PACER
3782

APPLICATION/NOTICE by Carlos Morales-Feliciano for Attorney Fees and expenses for the month of June, 1992 for Attys Nachman and Fernandez Sein. (el) (Entered: 07/20/1992)

July 6, 1992

July 6, 1992

PACER
3783

STIPULATION by Carlos Morales-Feliciano, Defendant-All on the continued employment of Kennet Faiver. (el) (Entered: 07/20/1992)

July 6, 1992

July 6, 1992

PACER
3784

ORDER granting [3783-1] stipulation in all respects. Further ordered that Lambert King, M.D. shall serve as a friend of the court to perform the tasks assigned to him by the parties stipulation. Dr. King shall submit to the Crt through the Crt Monitor a stmt of his usual and ordinary fees for service. Further ordered that the appl for apprvl of severance pay for Kenneth Faive is denied as moot. (Signed by Judge Juan M. Perez-Gimenez ) (el) (Entered: 07/20/1992)

July 6, 1992

July 6, 1992

PACER
3787

APPLICATION by Vincent M. Nathan recommending compensation in the amt of $125.00 per hr. for services performed by Lambert King, M.D. Response due 7/20/92 . (el) (Entered: 07/20/1992)

July 7, 1992

July 7, 1992

PACER
3788

APPLICATION by Carlos Morales-Feliciano for Attorney Fees and expenses in the amt of $1,782.50 for the month of June, 1992 for Atty Jeffrey Williams. (el) (Entered: 07/20/1992)

July 7, 1992

July 7, 1992

PACER
3791

ORDER, for Disbursement of Funds in the amt of $1,625.00 for pymt of services to Vila del Corral & Co. ( signed by Judge Juan M. Perez-Gimenez ) (el) (Entered: 07/20/1992)

July 9, 1992

July 9, 1992

PACER
3792

Amended Application/MOTION by Carlos Morales-Feliciano to Amend [3781-1] motion for Attorney Fees in the amt of $12,250.46 for the month of June, 1992 for Atty Pia Gallegos by Carlos Morales-Feliciano (el) (Entered: 07/20/1992)

July 10, 1992

July 10, 1992

PACER
3793

Itemized Statement by Vincent M. Nathan re: time and expenses for the period of 6/1/92 through 6/30/92. (el) (Entered: 07/20/1992)

July 10, 1992

July 10, 1992

PACER
3797

Amendment to 203rd and 204th Report by Vincent M. Nathan (el) (Entered: 07/20/1992)

July 10, 1992

July 10, 1992

PACER
3798

APPLICATION by Vincent M. Nathan for increase in compensation for Administrative Assistants Melissa Hayes, Anthony Petropulous and Reinaldo Roman. . Response due 7/23/92 . (el) (Entered: 07/20/1992)

July 10, 1992

July 10, 1992

PACER
3799

Fifth Report re: the PROGRAM FOR THE REHABILITATION OF DRUG USERS under the auspices of Hogar Crea, by Director Elliot Alicea Alvarado and President Juan J. Garcia Rios. (el) (Entered: 07/20/1992)

July 10, 1992

July 10, 1992

PACER
3800

MOTION by Carlos Morales-Feliciano to Withdraw mot. dkt. 3756 re motion to hold deft Soler Zapata in contempt. (el) (Entered: 07/20/1992)

July 13, 1992

July 13, 1992

PACER
3801

205th Report by Vincent M. Nathan re: overcrowding (el) (Entered: 07/20/1992)

July 14, 1992

July 14, 1992

PACER
3802

MOTION in compl/w Crt order of 5-15-92 re Classification Manual and SUBMITTING Spanish translation of said document together with training curriculum of staff charged with responsibilities related to inmate classification by Defendant-All (el) (Entered: 07/20/1992)

July 14, 1992

July 14, 1992

PACER
3803

201st Report by Vincent M. Nathan re: Report conveying consultant's reviews of defts' Mental Health Policy and procedure manuals fld purs to sections 29 and 30 of the Mental Health Plan (el) (Entered: 07/20/1992)

July 14, 1992

July 14, 1992

PACER
3804

Fortieth Report re: operational expenses, releases and accts, by Director Johnny Colon. (el) (Entered: 07/20/1992)

July 15, 1992

July 15, 1992

PACER
3805

RESPONSE by Defendant-All in opposition to [3765-1] report on defts state of compl/w ACA construction standards in the new dormitory at camp La Pica fld by Vincent M. Nathan (el) (Entered: 07/20/1992)

July 15, 1992

July 15, 1992

PACER
3806

Informative Motion by Defendant-All re: modification of administrative organization for the delivery of pltf class medical and mental health care. (el) (Entered: 07/20/1992)

July 15, 1992

July 15, 1992

PACER
3807

Informative Motion by Director Johnny Colon re: EBP's June 1992 expenses. (el) (Entered: 07/20/1992)

July 15, 1992

July 15, 1992

PACER
3808

RESPONSE by Defendant-All in opposition to [3797-1] amendment to 203rd and 204th reports by Vincent M. Nathan (el) (Entered: 07/20/1992)

July 15, 1992

July 15, 1992

PACER
3809

ORDER apprvg and granting [3762-1] joint motion on population caps pursuant to para. #5 of the parties' stipulation of 12-30-91. ( signed by Judge Juan M. Perez-Gimenez ) (el) (Entered: 07/20/1992)

July 15, 1992

July 15, 1992

PACER
3810

RESPONSE by Defendant-All in opposition to motion re State Penitentiary complex [3720-1] notice to litigate by Carlos Morales-Feliciano, [3716-1] motion to Correct water problems at Rio Piedras complex. by Carlos Morales-Feliciano (el) (Entered: 07/20/1992)

July 16, 1992

July 16, 1992

PACER
3811

MOTION SUBMITTING contract in compl/w 12/30/92 stipulation by Defendant-All (el) (Entered: 07/20/1992)

July 16, 1992

July 16, 1992

PACER
3812

MOTION by Defendant-All to Extend Time in which to file the Fifth Semiannual Comprehensie Report. (el) (Entered: 07/20/1992)

July 16, 1992

July 16, 1992

PACER
3813

MOTION SUBMITTING Fifth Semiannual Comprehensive Report by Defendant-All (Voluminous reports on the description of progress toward compl/w the Medical Care Plan and the Mental Health Plan at all the institution of the Administration of Correction.) (el) Modified on 07/23/1992 (Entered: 07/20/1992)

July 17, 1992

July 17, 1992

PACER
3814

ORDER Confirming and granting [3801-1] 205th report and the pymt of $5,243,500.00 is suspended pursuant to the Stipulation re population management and a Pilot Project at Ponce. ( signed by Judge Juan M. Perez-Gimenez ) (el) (Entered: 07/23/1992)

July 17, 1992

July 17, 1992

PACER
3815

FOURTH APPLICATION for an increase of the EBP's acct and req. that the Clerk be ordered to Disburse Funds in the amt of $500,000.00. (el) Modified on 07/28/1992 (Entered: 07/23/1992)

July 20, 1992

July 20, 1992

PACER
3816

207th Report by Vincent M. Nathan re: overcrowding. (el) (Entered: 07/23/1992)

July 20, 1992

July 20, 1992

PACER
3817

Amended First Accounting Report by Defendant-All re: expenditures for the expansion of the DSCA Program at Guerrero. (el) (Entered: 07/23/1992)

July 21, 1992

July 21, 1992

PACER
3818

MOTION by Carlos Morales-Feliciano for Writ of Habeas Corpus Ad Testificandum and for a group of recommended inmates be produced for the 7-27-92 hrg. (el) (Entered: 07/23/1992)

July 21, 1992

July 21, 1992

PACER
3819

MOTION SUBMITTING Correction's Rehabilitation Program Services Agreement and in compl/w Crt order of 6-29-92 dkt. #3758, by Defendant-All (el) (Entered: 07/23/1992)

July 22, 1992

July 22, 1992

PACER
3820

MOTION by Defendant-All to Extend Time in which to file opposition to pltfs' mot. req. hrg on the 159th Report re policy and procedure manuals. (el) (Entered: 07/23/1992)

July 22, 1992

July 22, 1992

PACER
3821

206th Report by Vincent M. Nathan re: overcrowding (el) (Entered: 07/28/1992)

July 23, 1992

July 23, 1992

PACER
3822

ORDER granting [3818-1] motion for Writ of Habeas Corpus Ad Testificandum and for a group of recommended inmates be produced for the 7-27-92 hrg. ( signed by Judge Juan M. Perez-Gimenez ) (el) (Entered: 07/28/1992)

July 24, 1992

July 24, 1992

PACER
3823

MOTION SUBMITTING checks in the amt of $29,536.22 and $34,544.18 for expenditures incurred by the EBP as operations and costs for the month of April and May, 1992, by Defendant-All (el) (Entered: 07/28/1992)

July 24, 1992

July 24, 1992

PACER
3824

APPLICATION by Defendant-All for Disbursement/transfer of Funds payable to the Treasury Dept (ELA) in the sum of $474,349.00 for the expansion of the DSCA program at Guerrero. (el) (Entered: 07/28/1992)

July 24, 1992

July 24, 1992

PACER
3825

MOTION by Defendant-All to Extend Time in which to file English translation of exh B attchd to dkt. 3824. (el) (Entered: 07/28/1992)

July 24, 1992

July 24, 1992

PACER
3826

ORDER Directing the Clerk to invest the sum of $996,121.22 in U.S. Treasury Notes with a maturity date of 7/15/99 with Shearson Lehman Brothers, etc. ( signed by Judge Juan M. Perez-Gimenez ) (el) (Entered: 07/31/1992)

July 24, 1992

July 24, 1992

PACER
3827

ORDER Directing the Clerk to invest ths sum of $999,658.32 in U.S. Treasury Notes with a maturity date of 7/15/99 with Pain Webber, as stated herein, etc. ( signed by Judge Juan M. Perez-Gimenez ) (el) (Entered: 07/31/1992)

July 24, 1992

July 24, 1992

PACER
3828

ORDER Directing the Clerk to invest the sum of $999,893.31 in U.S. Treasury Notes with a maturity date of 7/15/99 with Dean Witter Reynolds Inc. as stated herein, etc. ( signed by Judge Juan M. Perez-Gimenez ) (el) (Entered: 07/31/1992)

July 24, 1992

July 24, 1992

PACER
3829

Minute entry: ( Judge Juan M. Perez-Gimenez ) Hrg called on pltfs' req. for relief at the State Penitentiary. Defts submit a remedial plan and req.time for their experts to go into the penitentiary as a management team and assess the situation. Testimony by pltf hrd. Hreg cont'd to 7/28/92 at 9:00 a.m. (el) (Entered: 07/31/1992)

July 27, 1992

July 27, 1992

PACER
3830

ORDER Directing the Clerk to advance to Atty Nachman the sum of $5,630.00 for Attorney Fees for the month of March, April and May, 1992. ( signed by Judge Juan M. Perez-Gimenez ) (el) (Entered: 07/31/1992)

July 27, 1992

July 27, 1992

PACER
3831

ORDER Directing the Clerk to advance and issue a check for Attorney Fees in the amt of $9,741.37 to Atty Harry Anduze Montano for the months of March, April, May and June, 1992. ( signed by Judge Juan M. Perez-Gimenez ) (el) (Entered: 07/31/1992)

July 27, 1992

July 27, 1992

PACER
3832

ORDER Directing the Clerk to advance and issue a check in the amt of $22,139.09 for Attorney Fees to Atty Carlos Garcia Gutierrez for the months of May and June, 1992. ( signed by Judge Juan M. Perez-Gimenez ) (el) Modified on 07/31/1992 (Entered: 07/31/1992)

July 27, 1992

July 27, 1992

PACER
3833

ORDER Directing the Clerk to advance and issue a check in the ssum of $12,020.52 for Attorney Fees to Atty Carlos Ramos Gonzalez for the months of March, April, May and June. ( signed by Judge Juan M. Perez-Gimenez ) (el) (Entered: 07/31/1992)

July 27, 1992

July 27, 1992

PACER

Case Details

State / Territory: Puerto Rico

Case Type(s):

Prison Conditions

Key Dates

Filing Date: Jan. 3, 1979

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

Prisoners being housed in Puerto Rican prisons under the supervision of the Administration of Correction of the Commonwealth of Puerto Rico

Plaintiff Type(s):

City/County Plaintiff

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

Administration of Correction of the Commonwealth of Puerto Rico, State

Defendant Type(s):

Corrections

Case Details

Causes of Action:

42 U.S.C. § 1983

Constitutional Clause(s):

Cruel and Unusual Punishment

Due Process

Freedom of speech/association

Availably Documents:

Trial Court Docket

Complaint (any)

Monetary Relief

Injunctive (or Injunctive-like) Relief

Any published opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Preliminary injunction / Temp. restraining order

Damages

Source of Relief:

Settlement

Litigation

Form of Settlement:

Court Approved Settlement or Consent Decree

Order Duration: 1980 - None

Content of Injunction:

Hire

Implement complaint/dispute resolution process

Preliminary relief granted

Training

Issues

General:

Access to lawyers or judicial system

Administrative segregation

Assault/abuse by residents/inmates/students

Assault/abuse by staff

Bathing and hygiene

Classification / placement

Disciplinary procedures

Disciplinary segregation

Education

Fire safety

Food service / nutrition / hydration

Grievance Procedures

Law library access

Library (non-law) access

Over/Unlawful Detention

Personal injury

Protective custody

Recreation / Exercise

Rehabilitation

Restraints : physical

Sanitation / living conditions

Special education

Staff (number, training, qualifications, wages)

Suicide prevention

Totality of conditions

Crowding:

Crowding / caseload

Medical/Mental Health:

Intellectual disability/mental illness dual diagnosis

Medical care, general

Mental health care, general

Suicide prevention

Untreated pain

Type of Facility:

Government-run