Case: Palmigiano v. Garrahy

1:74-cv-00172 | U.S. District Court for the District of Rhode Island

Filed Date: July 16, 1974

Closed Date: 2007

Clearinghouse coding complete

Case Summary

On 01/11/2007, six inmates in the "awaiting trial" section of the Adult Correctional Institutions of Rhode Island (ACI) filed a lawsuit under 42 U.S.C. §1983 against the Rhode Island Department of Corrections in the U.S. District Court for the District of Rhode Island. The plaintiffs, represented in part by the National Prison Project of the American Civil Liberties Union, asked the Court for declaratory and injunctive relief, alleging that their constitutional rights had been violated because…

On 01/11/2007, six inmates in the "awaiting trial" section of the Adult Correctional Institutions of Rhode Island (ACI) filed a lawsuit under 42 U.S.C. §1983 against the Rhode Island Department of Corrections in the U.S. District Court for the District of Rhode Island. The plaintiffs, represented in part by the National Prison Project of the American Civil Liberties Union, asked the Court for declaratory and injunctive relief, alleging that their constitutional rights had been violated because they had been discriminated against due to their "awaiting trial" status. Specifically, they claimed that they were not eligible for rehabilitative programs and services until they pled guilty or were convicted, that their dining tables were unclean, that they were not given personal hygiene supplies, that visitation was severely restricted, and that their mail was censored.

On August 24, 1970, the District Court (Judge Raymond James Pettine) held that the censorship of the prisoners' mail in order to suppress any criticism of the institution or its officials served no rational social purpose supportive of prison objectives and violated the plaintiffs' First and Fourth Amendment rights. Palmigiano v. Travisono, 317 F.Supp. 776 (D.R.I. 1970).

On June 1, 1975, the plaintiffs filed a class action complaint in the District Court, alleging that they were not provided rehabilitative services and that the defendants discriminated against prisoners sentenced to life terms, women, prisoners in protective custody, prisoners sentenced to less than one year, and prisoners in the medium Security Facility. They also complained that they had been deprived of educational and vocational training, that the classification procedures were faulty, and that they had suffered from overcrowding, inadequate heat, inadequate ventilation, lack of sanitation, rodents, inadequate showers, lack of privacy, inadequate laundry facilities, physical assault and battery by other inmates, inadequate medical care, and the mishandling of the money that had been granted to the prison system to care for them.

On August 10, 1977, the District Court (Judge Pettine) held that the conditions at the prison constituted cruel and unusual punishment, that the medical treatment provided to them did not rise to the constitutional standard, and that the failure to properly classify inmates violated state law. The Court also held that pretrial detainees could be subjected only to such restraint as was necessary to assure their attendance at trial, warning the defendants that if they did not comply with the Court's orders, the Court would order the closing of all constitutionally deficient facilities. The Court also awarded the plaintiffs their attorneys' fees. Palmigiano v. Garrahy, 443 F.Supp. 956 (D.R.I. 1977).

Shortly thereafter, the plaintiffs filed a motion to hold the defendants in civil contempt for failure to comply with the District Court's order requiring reclassification of prison inmates within a six-month period. On March 28, 1978, the District Court (Judge Pettine) held the defendants in contempt for their failure to comply with the Court's orders, and ordered that they must pay a fine of $1000 per day that they were late in reclassifying the prisoners. Palmigiano v. Garrahy, 448 F.Supp. 659 (D.R.I. 1978).

In May of 1978, the plaintiffs asked the District Court to hold the defendants in civil contempt again for failing to bring the living conditions at the Maximum Security Facility up to the constitutional standard. On July 7, 1978, the District Court found that even though the defendants had not fully complied with its orders, they had "exerted efforts to alter deplorable conditions" and that they had made some key changes. Rather than levying fines for lack of compliance, the Court granted the defendants 30 more days to comply with its orders.

In order to fully comply with the Court's orders, the Governor of Rhode Island set aside the appropriate amount of money in the state's budget, but the Legislature refused to vote on the issue, instead submitting it as a bond referendum to the voters, who defeated it. After granting some additional time and a hearing, the District Court issued an order warning the defendants that there was no legal basis for further delay of compliance. The Legislature then came up with money to refurbish the prisons, and that money was matched by a LEAA grant.

The defendants appealed the original order by the District Court that granted the plaintiffs their attorneys' fees, and on March 3, 1980, the U.S. Court of Appeals for the First Circuit (Judge Hugh Henry Bownes) affirmed the District Court's judgment, holding that the plaintiffs were entitled to an award of their attorneys' fees. Palmigiano v. Garrahy, 616 F.2d 598 (1st Cir. 1980). The defendants sought Supreme Court review, and on October 6, 1980, the U.S. Supreme Court denied the petition for certiorari. Garrahy v. Palmigiano, 449 U.S. 839 (1980).

On November 19, 1980, the District Court ordered the defendants to close the old Maximum Security Facility when they finished moving into the new High Security Facility (Supermax). In 1984, the defendants asked the District Court to permit the use of the infirmary isolation cells at the Maximum Security Facility for short-term (less than 30 days) disciplinary purposes. On September 30, 1985, the District Court granted the request, provided that within 60 days the defendants submit to the court a written description of their plan for the use of the cells and a description of the steps taken to ensure that the earlier problems would not be repeated. The Court also granted the defendants another two months to complete their renovations at the old facility, which they planned to use to house prisoners.

The defendants asked the District Court to reconsider the 1977 Order holding the Rhode Island prison conditions unconstitutional in light of the U.S. Supreme Court's decisions in Bell v. Wolfish and Rhodes v. Chapman (PC-OH-3). On May 12, 1986, the District Court (Judge Pettine) found that the present prison conditions still violated the Eighth Amendment and held that the Supreme Court decisions in question did not affect the validity of the 1977 Order holding them unconstitutional. Palmigiano v. Garrahy, 639 F.Supp. 244 (D.R.I. 1986). Two weeks later, the defendants filed a motion to alter or amend that order, and on June 25, 1986, the District Court agreed to the following modifications: 1) the defendants could hold 268 inmates in Medium Security, and 2) as of July 1, 1986, the defendants could not house more than 250 inmates at the Intake Service Center, a number which was to decline by a specified amount for the next two years.

Due to an overwhelming influx of inmates following the Court's orders, the defendants were unable to maintain the necessary population levels, and the Court reconsidered its orders in light of their efforts to comply. On December 17, 1987, the Court recognized that the defendants had tried to comply with the Court's orders, but had been unable to do so due to circumstances outside their control. In light of their efforts, the Court agreed to temporarily lift the restrictions on double celling at the Intake Service Center (ISC), to allow a total inmate population of 336 at that facility. The Court ordered the defendants to make available extra beds at the Pinel Building (an annex to the ISC) within two weeks, at which time the ISC population would be reduced by the number of inmates that had been moved to Pinel.

On April 6, 1989, the District Court found that the defendants had failed to bring the facilities into compliance with the Court's standing orders governing the conditions of confinement of pretrial detainees, and therefore held them in civil contempt, fining them $50 per day for each person being held over the population limit. Palmigiano v. DiPrete, 710 F.Supp. 875 (D.R.I. 1989). The defendants appealed this decision, and on August 17, 1989, the First Circuit affirmed it without opinion. Palmigiano v. DiPrete, 887 F.2d 258 (1st Cir. 1989).

The plaintiffs again asked the District Court to hold the defendants in contempt of the population orders, and on May 18, 1990, the District Court found it necessary to issue immediate relief to alleviate the overcrowding, ordering that funds should be maintained to provide indigent detainees with bail, awarding prisoners 90 days of expedited good time, and awarding additional good time every 30 days until the conditions were less crowded. Palmigiano v. DiPrete, 737 F.Supp. 1257 (D.R.I. 1990).

On July 3, 1990, after taking a tour of the facilities in question, the District Court noted that it was still unsure that the facilities being used could hold additional inmates without backsliding into unconstitutional conditions, but due to the pressures of the growing prison population, the Court agreed to allow the defendants to hold additional prisoners. The Court ordered additional awards of good time to prisoners in the ISC and Pinel Annexes to bring the populations there back down to 380 and 134, respectively. The Court noted that this should not apply to prisoners charged with certain violent felonies like kidnapping, murder, sexual assault, and child abuse.

Unfortunately, these remedial measures did not have the desired effect of lowering the prison population, which continued to rise despite the release of a large number of offenders and pretrial detainees. On August 3, 1990, the District Court ordered the defendants to maintain at all times at least $200,000.00 in a fund to provide bail for all indigent detainees, and the Court raised the population caps on the facilities involved. The Court ordered the Special master to study the feasibility of ordering the release of pre-trial detainees held without bail, and ordered the defendants to accept for incarceration those convicted offenders who are free on personal recognizance or on bail until November 15, 1990. The Court further ordered the defendants to provide a medical screening of each prisoner within 7 days, to evaluate all tuberculosis tests within three days of the test, to employ staff whose primary duty would be to look for fires and fire hazards, to maintain fire detection and suppression equipment, to separate the beds in dormitories by at least 36 inches, to repair the ventilation system at the ISC, and to maintain proper sanitation and clean food service areas.

On March 18, 1994, the parties entered into a settlement agreement. Under the agreement, the defendants agreed not to house prisoners in areas not designed for housing prisoners (like corridors, hallways, dayrooms, offices, etc). The agreement restricted double-celling, mandated comprehensive classification procedures, and provided for recreation time, programming, medical and mental health care, sanitation, and regular monitoring of the defendants' compliance with the agreement. On July 15, 1994, the District Court issued an order approving the final settlement agreement.

On May 16, 1995, the settlement agreement was modified to allow a higher population limit at the Jonathan Arnold Facility for Women. On July 10, 1995, the parties entered into a stipulation of dismissal, and the District Court dismissed the case. On January 3, 1997, the parties again stipulated an agreement modifying the settlement agreement to allow higher population levels in some of the facilities housing women inmates, and on March 27, 1998, the parties stipulated an agreement to allow a 42-inmate increase in population at the Medium Security Facility.

We have a gap in the case at this point, but our PACER docket picks up on January 11, 2007. On June 27, 2007, the parties entered into another stipulation allowing a few additional inmates to be housed at the Women's Facility. On August 1, 2007 another stipulation order was entered. On September 4, 2007 an inmate filed a motion to intervene and change the August 1, 2007 Stipulation Order, which amended the 1994 settlement agreement and increased the capacity of the prison facilties from 922 to 1066. On September 12, 2007, Senior Judge Lagueux denied the inmate's motion to intervene in the class action, ruling that it was closed. Senior Judge Lagueux referred to his April 2007 opinion, 482 F.Supp.2d 207 (D.R.I. 2007), in which he had denied similar motions to intervene in the class action to object to amendments to the 1994 settlement agreement filed by fellow ACI inmates in 2006.

On September 24, 2007, an inmate filed a notice of appeal regarding the denial of his motion. On July 2, 2008, the First Circuit affirmed the denial, stating that "the [Class Action] is closed; thus, there is no pending case in which appellants can intervene.

On December 12, 2011, another Stipulation Order increased the capacity of the prison again to 1186. On February 19, 2014, Senior Judge Ronald R. Lagueux ordered the case closed finally and completely. He explained that the court receives frequent requests from inmates to reopen the case, but direct all future complaints concerning the overcrowding and prison inmate population to be directed to the State of Rhode Island's Criminal Justice Oversight Committee. This committee "was established by the Rhode Island State Legislature in 1993 for the specific purpose of enforcing the caps on the inmate population that were set forth in the 1994 Settlement Agreement."

Summary Authors

Kristen Sagar (10/9/2007)

Abigail DeHart (11/7/2016)

Related Cases

Palmigiano v. Baxter, District of Rhode Island (1972)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/4378378/parties/palmigiano-v-department-of-corrections/


Judge(s)

Bownes, Hugh Henry (New Hampshire)

Campbell, Levin Hicks (Massachusetts)

Hagopian, Jacob (Rhode Island)

Lagueux, Ronald Rene (Rhode Island)

Pettine, Raymond James (Rhode Island)

Attorneys(s) for Plaintiff

Bass, Stanley A. (New York)

Bronstein, Alvin J. (District of Columbia)

Coen, Cary J. (Rhode Island)

Covington, Hayden C. (Rhode Island)

DeCaporale, Joseph L. (Rhode Island)

Judge(s)

Bownes, Hugh Henry (New Hampshire)

Campbell, Levin Hicks (Massachusetts)

Hagopian, Jacob (Rhode Island)

Lagueux, Ronald Rene (Rhode Island)

Pettine, Raymond James (Rhode Island)

Attorneys(s) for Plaintiff

Bass, Stanley A. (New York)

Bronstein, Alvin J. (District of Columbia)

Coen, Cary J. (Rhode Island)

Covington, Hayden C. (Rhode Island)

DeCaporale, Joseph L. (Rhode Island)

Farley, John (Rhode Island)

Fisher, Barry A. (Rhode Island)

Koren, Edward I. (District of Columbia)

Lopez, Mark J. (District of Columbia)

Mann, Robert B. (Rhode Island)

Myers, Matthew L. (District of Columbia)

Attorneys(s) for Defendant

Brody, William G. (Rhode Island)

Burke, Edward F. (Rhode Island)

Cappello, George M. (Rhode Island)

Cipriano, Anthony A. (Rhode Island)

Cooney, Eileen G. (Rhode Island)

Coyne-Fague, Patricia Anne (Rhode Island)

DeSimone, Herbert F. (Rhode Island)

Dugan, David (Rhode Island)

Feder, Robin E. (Rhode Island)

Foster, Paul L. (Rhode Island)

Glynn, Maureen G. (District of Columbia)

Grant, Michael (Rhode Island)

Larisa, Joseph S. Jr. (Rhode Island)

Lombardi, Valentino D. (Rhode Island)

McKenna, Maureen E. (Rhode Island)

Meyers, Elizabeth Murdock (Rhode Island)

Palombo, Thomas A. (Rhode Island)

Palumbo, Peter (Rhode Island)

Prior, David (Rhode Island)

Roberts, Dennis J. II (Rhode Island)

Ryan, Donald P. (Rhode Island)

Schreiber, Ira L. (Rhode Island)

Vetter, George (Rhode Island)

Walsh, William M. (Rhode Island)

Woolley, Richard B. (Rhode Island)

Documents in the Clearinghouse

Document

Docket (PACER)

Palmigiano v. Department of Corrections

Feb. 19, 2014 Docket

Opinion

Palmigiano v. Travisono

317 F.Supp. 776

Aug. 24, 1970 Order/Opinion

Complaint-Class Action

Ross v. Noel

June 1, 1975 Complaint

Opinion

443 F.Supp. 956

Aug. 10, 1977 Order/Opinion

Opinion

448 F.Supp. 659

March 28, 1978 Order/Opinion

Memorandum & Order

March 29, 1978 Order/Opinion

Opinion & Order

July 7, 1978 Order/Opinion

Opinion

466 F.Supp. 732

Feb. 22, 1979 Order/Opinion

Opinion

U. S. Court of Appeals for the First Circuit

599 F.2d 17

June 6, 1979 Order/Opinion

Opinion

U. S. Court of Appeals for the First Circuit

616 F.2d 598

March 3, 1980 Order/Opinion

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4378378/palmigiano-v-department-of-corrections/

Last updated May 19, 2022, 11:45 p.m.

ECF Number Description Date Link
1

NOTICE of filing motion by William O'Brien, Eric Day, John F. Pierce, Mark Geisser, William Thomas (Gilfillan, Barbara)

Jan. 11, 2007 RECAP
2

MOTION to Adjudge in Contempt by William O'Brien, Eric Day, John F. Pierce, Mark Geisser, William Thomas. Responses due by 1/29/2007 (Gilfillan, Barbara)

Jan. 11, 2007 RECAP
3

MOTION to Appoint Counsel by William O'Brien, Eric Day, John F. Pierce, Mark Geisser, William Thomas. Responses due by 1/29/2007 (Gilfillan, Barbara)

Jan. 11, 2007 RECAP
4

SETTLEMENT AGREEMENT (unsigned) by William O'Brien, Eric Day, John F. Pierce, Mark Geisser, William Thomas. (Gilfillan, Barbara)

Jan. 11, 2007 RECAP
5

ORDER re [2] response to MOTION to Adjudge in Contempt filed by William O'Brien, William Thomas, John F. Pierce, Eric Day, Mark Geisser is due 2/14/07. So Ordered by Judge Ronald R Lagueux on 1/11/07. (Gilfillan, Barbara)

Jan. 11, 2007 RECAP
6

MOTION for Temporary Restraining Order with attached affidavit by Thomas Webb. (Gilfillan, Barbara)

Jan. 16, 2007 RECAP
7

RESPONSE in Opposition re [2] MOTION to Adjudge in ContemptWith Supporting Memo filed by Department of Corrections. (Attachments: # (1) Affidavit Gadsden# (2) Exhibit 2003 Stipulation)(Grant, Michael) Modified on 2/20/2007 (Gilfillan, Barbara) contacted attorney regarding using e signature and certification should be on all pleadings.

1 Affidavit Gadsden

View on RECAP

2 Exhibit 2003 Stipulation

View on RECAP

Feb. 16, 2007 RECAP
8

NOTICE of Appearance by Michael B. Grant on behalf of Department of Corrections (Grant, Michael)

Feb. 20, 2007 RECAP
9

ORDER denying [2] Motion to Adjudge in Contempt, denying [3] Motion to Appoint Counsel, denying [6] Motion for TRO and any and all other motions/requests filed in conjunction therewith . So Ordered by Judge Ronald R Lagueux on 4/4/07. (Gilfillan, Barbara)

April 4, 2007 RECAP
10

STIPULATION by State of Rhode Island. (Coyne-Fague, Patricia)

July 31, 2007 RECAP
11

NOTICE of Appearance by Patricia Anne Coyne-Fague on behalf of Department of Corrections (Coyne-Fague, Patricia)

July 31, 2007 RECAP
12

Addendum re [11] Notice of Appearance :Certification by State of Rhode Island. (Coyne-Fague, Patricia)

Aug. 1, 2007 RECAP
13

STIPULATION filed by all parties signed by Chief Judge Lisi (Gilfillan, Barbara)

Aug. 1, 2007 RECAP
14

RESPONSE IN OPPOSITION by Michael Richardson re [13] Stipulation. (Gilfillan, Barbara)

Aug. 6, 2007 RECAP
15

NOTICE OF APPEAL by Kenneth Wilson. Appeal Record due by 9/10/2007. (Attachments: # (1)Petition)(Gilfillan, Barbara)

1 Exhibit Petition

View on RECAP

Aug. 9, 2007 RECAP
16

MOTION to Stay and /or Recognition by Kenneth Wilson. Responses due by 8/27/2007 (Gilfillan, Barbara)

Aug. 9, 2007 RECAP
17

ORDER denying [16] Motion to Stay and intervene. So Ordered by Judge Ronald R Lagueux on 8/14/07. (Gilfillan, Barbara)

Aug. 15, 2007 RECAP
18

MOTION to Stay and recognition by Christopher Hadley. Responses due by 9/4/2007 (Attachments: # (1) Exhibit)(Gilfillan, Barbara)

1 Exhibit

View on RECAP

Aug. 15, 2007 RECAP
19

NOTICE OF APPEAL by Christopher Hadley. Appeal Record due by 9/14/2007. (Gilfillan, Barbara)

Aug. 15, 2007 RECAP
20

Certified and Transmitted Record on Appeal to US Court of Appeals re [15] Notice of Appeal (three files; documents 1-19) (Gilfillan, Barbara)

Aug. 16, 2007 RECAP
21

MOTION to Stay and Recognition by Norman Wheeler. Responses due by 9/7/2007 (Attachments: # (1) Petition)(Gilfillan, Barbara)

1 Petition

View on RECAP

Aug. 21, 2007 RECAP
22

NOTICE OF APPEAL by Norman Wheeler. Appeal Record due by 9/20/2007. (Gilfillan, Barbara)

Aug. 21, 2007 RECAP
23

MOTION to Stay and recognition by Michael A. Brennan. Responses due by 9/7/2007 (Attachments: # (1) Petition)(Gilfillan, Barbara)

1 Petition

View on RECAP

Aug. 21, 2007 RECAP
24

NOTICE OF APPEAL by Michael A. Brennan. Appeal Record due by 9/20/2007. (Gilfillan, Barbara)

Aug. 21, 2007 RECAP
25

MOTION to Stay and Recognition by Larry Pelcher. Responses due by 9/7/2007 (Attachments: # (1))(Gilfillan, Barbara)

1 *Restricted*

View on RECAP

Aug. 21, 2007 RECAP
26

NOTICE OF APPEAL by Larry Pelcher. Appeal Record due by 9/20/2007. (Gilfillan, Barbara)

Aug. 21, 2007 RECAP
27

Supplemental Record on Appeal transmitted to US Court of Appeals re [24] Notice of Appeal, [26] Notice of Appeal, [19] Notice of Appeal, [22] Notice of Appeal (Gilfillan, Barbara)

Aug. 22, 2007 RECAP
28

RESPONSE in Opposition re [21] MOTION to Stay and Recognition, [18] MOTION to Stay and recognition, [25] MOTION to Stay and Recognition, [23] MOTION to Stay and recognition objection with supporting memo filed by Department of Corrections. (Coyne-Fague, Patricia)

Aug. 27, 2007 RECAP
29

MEMORANDUM IN SUPPORT OF [28] by Department of Corrections in opposition to [21] MOTION to Stay and Recognition, [18] MOTION to Stay and recognition, [25] MOTION to Stay and Recognition, [23] MOTION to Stay and recognition. (Coyne-Fague, Patricia) Modified on 8/27/2007 (Gilfillan, Barbara)created docket entry relationship.

Aug. 27, 2007 RECAP
30

RESPONSE in Opposition re [21] MOTION to Stay and Recognition, [18] MOTION to Stay and recognition, [25] MOTION to Stay and Recognition, [23] MOTION to Stay and recognition with corrected certification filed by Department of Corrections. (Coyne-Fague, Patricia) Modified on 8/27/2007 (Gilfillan, Barbara)THIS IS A DUPLICATE OF DOCKET ENTRY [28].

Aug. 27, 2007 RECAP
31

MOTION for Leave to Appeal /join with by Jason Cook. Responses due by 9/13/2007 (Gilfillan, Barbara)

Aug. 27, 2007 RECAP
32

MOTION for Leave to Appeal in forma pauperis and affidavit in suppport by Kenneth Wilson. (Gilfillan, Barbara) Modified on 9/7/2007 (Gilfillan, Barbara). Additional attachment(s) added on 9/19/2007 (Gilfillan, Barbara).

Sept. 4, 2007 RECAP
33

MOTION for Leave to Appeal /Join with by Parrish Chase. Responses due by 9/21/2007 (Gilfillan, Barbara)

Sept. 4, 2007 RECAP
34

REPLY to Response to Motion re [30] Response in Opposition to Motion, filed by Christopher Hadley. (Gilfillan, Barbara)

Sept. 7, 2007 RECAP
35

REPLY to Response to Motion re [30] Response in Opposition to Motion, filed by Norman Wheeler. (Gilfillan, Barbara)

Sept. 10, 2007 RECAP
36

MOTION for Leave to Appeal in forma pauperis by Thomas Webb. (Attachments: # (1))(Gilfillan, Barbara)

1 *Restricted*

View on RECAP

Sept. 10, 2007 RECAP
37

ORDER denying [33] Motion for Leave to Appeal by Parrish Chace. So Ordered by Judge Ronald R Lagueux on 9/12/07. (Gilfillan, Barbara)

Sept. 13, 2007 RECAP
38

ORDER denying [31] Motion for Leave to Appeal by Jason Cook . So Ordered by Judge Ronald R Lagueux on 9/12/07. (Gilfillan, Barbara)

Sept. 13, 2007 RECAP
39

ORDER denying [25] Motion to Stay filed by Larry Pelcher. So Ordered by Judge Ronald R Lagueux on 9/12/07. (Gilfillan, Barbara)

Sept. 13, 2007 RECAP
40

ORDER denying [18] Motion to Stay of Christopher Hadley. So Ordered by Judge Ronald R Lagueux on 9/12/07. (Gilfillan, Barbara)

Sept. 13, 2007 RECAP
41

ORDER denying [23] Motion to Stay filed by Michael Brennan. So Ordered by Judge Ronald R Lagueux on 9/12/07. (Gilfillan, Barbara)

Sept. 13, 2007 RECAP
42

ORDER denying [21] Motion to Stay filed by Norman Wheeler. So Ordered by Judge Ronald R Lagueux on 9/12/07. (Gilfillan, Barbara)

Sept. 13, 2007 RECAP
43

ORDER denying [36] Motion for Leave to Appeal in forma pauperis by Thomas Webb. So Ordered by Judge Ronald R Lagueux on 9/12/07. (Gilfillan, Barbara)

Sept. 13, 2007 RECAP
44

ORDER denying [32] Motion for Leave to Appeal in forma pauperis by Kenneth Wilson. So Ordered by Judge Ronald R Lagueux on 9/12/07. (Gilfillan, Barbara)

Sept. 13, 2007 RECAP
45

Supplemental Record on Appeal transmitted to US Court of Appeals re [24] Notice of Appeal, [26] Notice of Appeal, [15] Notice of Appeal, [19] Notice of Appeal, [22] Notice of Appeal (Gilfillan, Barbara)

Sept. 13, 2007 RECAP
46

MOTION for Leave to Appeal in forma pauperis by Kenneth Wilson. (Gilfillan, Barbara)

Sept. 17, 2007 RECAP
47

MOTION for Leave to Appeal in forma pauperis by Larry Pelcher. (Gilfillan, Barbara)

Sept. 18, 2007 RECAP
48

ORDER denying [46] Motion for Leave to Appeal in forma pauperis . So Ordered by Judge Ronald R Lagueux on 9/18/07. (Gilfillan, Barbara)

Sept. 18, 2007 RECAP
49

ORDER denying [47] Motion for Leave to Appeal in forma pauperis . So Ordered by Judge Ronald R Lagueux on 9/18/07. (Gilfillan, Barbara)

Sept. 18, 2007 RECAP
50

MOTION for Leave to Appeal in forma pauperis by Norman Wheeler. (Gilfillan, Barbara) Additional attachment(s) added on 9/19/2007 (Gilfillan, Barbara).

Sept. 19, 2007 RECAP
51

MOTION for Leave to Appeal in forma pauperis by Parrish Chase. (Gilfillan, Barbara) Additional attachment(s) added on 9/19/2007 (Gilfillan, Barbara).

Sept. 19, 2007 RECAP
52

ORDER denying [50] Motion for Leave to Appeal in forma pauperis - Norman Wheeler. So Ordered by Judge Ronald R Lagueux on 9/18/07. (Gilfillan, Barbara)

Sept. 19, 2007 RECAP
53

ORDER denying [51] Motion for Leave to Appeal in forma pauperis by Parrish Chase. So Ordered by Judge Ronald R Lagueux on 9/18/07. (Gilfillan, Barbara)

Sept. 19, 2007 RECAP
54

Supplemental Record on Appeal transmitted to US Court of Appeals re [24] Notice of Appeal, [26] Notice of Appeal, [15] Notice of Appeal, [19] Notice of Appeal, [22] Notice of Appeal (Gilfillan, Barbara)

Sept. 20, 2007 RECAP
55

NOTICE OF APPEAL as to [37] Order on Motion for Leave to Appeal by Parrish Chase. Appeal Record due by 10/24/2007. (Gilfillan, Barbara)

Sept. 24, 2007 RECAP
56

NOTICE of Appearance by Parrish Chase (Gilfillan, Barbara)

Sept. 24, 2007 RECAP
57

MOTION for Leave to Appeal /join with by Alfred Brissette. Responses due by 10/11/2007 (Gilfillan, Barbara)

Sept. 24, 2007 RECAP
58

USCA Case Numbers 07-2251, 07-2268, 07-2319, 07-2318, 07-2340 for [24] Notice of Appeal filed by Michael A. Brennan, [26] Notice of Appeal filed by Larry Pelcher, [15] Notice of Appeal filed by Kenneth Wilson, [19] Notice of Appeal filed by Christopher Hadley, [22] Notice of Appeal filed by Norman Wheeler. (Gilfillan, Barbara) Additional attachment(s) added on 9/26/2007 (Gilfillan, Barbara).

Sept. 24, 2007 RECAP
59

NOTICE OF APPEAL as to [44] Order on Motion for Leave to Appeal in forma pauperis by Kenneth Wilson. Appeal Record due by 10/26/2007. (Gilfillan, Barbara)

Sept. 26, 2007 RECAP
60

NOTICE OF APPEAL as to [38] Order on Motion for Leave to Appeal by Jason Cook. Appeal Record due by 10/26/2007. (Gilfillan, Barbara)

Sept. 26, 2007 RECAP
61

NOTICE of Appearance by Jason Cook (Gilfillan, Barbara)

Sept. 26, 2007 RECAP
62

Supplemental Record on Appeal transmitted to US Court of Appeals re [59] Notice of Appeal, [60] Notice of Appeal, [55] Notice of Appeal (Gilfillan, Barbara)

Oct. 1, 2007 RECAP
63

MOTION for Entry of Judgment under Rule 54(b) n by Parrish Chase.Responses due by 10/19/2007 (Gilfillan, Barbara)

Oct. 2, 2007 RECAP
64

MOTION for Entry of Judgment under Rule 54(b) by Jason Cook.Responses due by 10/19/2007 (Gilfillan, Barbara)

Oct. 2, 2007 RECAP
65

Supplemental Record on Appeal transmitted to US Court of Appeals re [59] Notice of Appeal, [60] Notice of Appeal, [55] Notice of Appeal, [26] Notice of Appeal, [22] Notice of Appeal, [24] Notice of Appeal, [19] Notice of Appeal, [15] Notice of Appeal (Gilfillan, Barbara)

Oct. 10, 2007 RECAP
66

ORDER denying [57] Motion for Leave to Appeal by Alfred Brissette. So Ordered by Judge Ronald R Lagueux on 10/11/07. (Gilfillan, Barbara)

Oct. 11, 2007 RECAP
67

Supplemental Record on Appeal transmitted to US Court of Appeals re [57] Motion for leave to appeal and order [66] (Gilfillan, Barbara)

Oct. 16, 2007 PACER
68

ORDER denying [63] Motion for Entry of Judgment under Rule 54(b). So Ordered by Judge Ronald R Lagueux on 10/24/07. (Gilfillan, Barbara)

Oct. 24, 2007 RECAP
69

ORDER denying [64] Motion for Entry of Judgment under Rule 54(b). So Ordered by Judge Ronald R Lagueux on 10/24/07. (Gilfillan, Barbara)

Oct. 24, 2007 RECAP
70

ORDER of USCA as to [59] Notice of Appeal filed by Kenneth Wilson - motion to proceed in forma pauperis is granted; payments to be collected in accordance with 28 USC section 1915 (b) (Gilfillan, Barbara)

Nov. 6, 2007 RECAP
71

MANDATE of USCA as to [59] voluntarily dismissing Notice of Appeal filed by Kenneth Wilson re: Order denying motion IFP (Gilfillan, Barbara)

Dec. 18, 2007 RECAP
72

MANDATE of USCA dismissing appeal as to [60] Notice of Appeal filed by Jason Cook (Gilfillan, Barbara)

Feb. 13, 2008 RECAP
73

MANDATE of USCA dismissing appeal as to [26] Notice of Appeal filed by Larry Pelcher (Gilfillan, Barbara)

May 2, 2008 RECAP
74

MANDATE of USCA dismissing appeal as to [22] Notice of Appeal filed by Norman Wheeler (Gilfillan, Barbara)

May 12, 2008 RECAP
75

MANDATE of USCA (USCA Judgment entered 7/2/2008) as to [15] Notice of Appeal filed by Kenneth Wilson. AFFIRMED (Duhamel, John)

July 28, 2008 RECAP
76

MOTION relief from stipulation re [13] Stipulation by Mark Halvorsen, Christopher Botelho, Christopher Marikian, Robert Picard, Leonard Harrington, Phillip Jackson, John LaFond, Christopher Rocheleau, Daniel Smith, Shawn Wakester. Responses due by 8/18/2008 (Attachments: # (1) Exhibit)(Gilfillan, Barbara)

1 Exhibit

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Aug. 1, 2008 RECAP
77

MOTION to Appoint Counsel, MOTION to Adjudge in Contempt with supporting memo by Mark Halvorsen, Christopher Botelho, Robert Picard, Leonard Harrington, Phillip Jackson, John LaFond, Christopher Marikian, Christopher Rocheleau, Daniel Smith, Shawn Wakester. Responses due by 9/29/2008 (Gilfillan, Barbara)

Sept. 11, 2008 RECAP
82

MEMORANDUM AND ORDER denying 76 Motion Intervene, denying 77 Motion to Appoint Counsel ; denying 77 Motion to Adjudge in Contempt. So Ordered by Magistrate Judge Jacob Hagopian on 2/17/09. (Gilfillan, Barbara)

Feb. 23, 2009 RECAP
87

ORDER denying 83 MOTION for Service; denying 83 Motion for Extension of Time to File Response/Reply ; denying 84 Motion for Reconsideration. So Ordered by Magistrate Judge Jacob Hagopian on 11/24/09. (Gilfillan, Barbara)

Nov. 24, 2009 RECAP
88

ORDER denying 85 Motion to Vacate filed by Parrish Chase. So Ordered by Magistrate Judge Jacob Hagopian on 11/24/09. (Gilfillan, Barbara)

Nov. 24, 2009 RECAP
101

MEMORANDUM AND ORDER: This Court receives frequent requests (principally from present inmates of Rhode Island's Adult Correctional Institutions - "ACI") to reopen the above-captioned matters. With this Memorandum and Order the Court intends to close these matters, finally and completely. So Ordered by Senior Judge Ronald R. Lagueux on 2/19/14. (Farrell Pletcher, Paula) (Additional attachment(s) added on 2/20/2014: # 1 RI General Laws 42-26-13) (Farrell Pletcher, Paula).

1 RI General Laws 42-26-13

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Feb. 19, 2014 RECAP
78

MANDATE of USCA affirming this Court's decision − as to 59 Notice of Appeal filed by Kenneth Wilson, 60 Notice of Appeal filed by Jason Cook, 55 Notice of Appeal filed by Parrish Chase, 26 Notice of Appeal filed by Larry Pelcher, 22 Notice of Appeal filed by Norman Wheeler, 24 Notice of Appeal filed by Michael A. Brennan, 19 Notice of Appeal filed by Christopher Hadley, 15 Notice of Appeal filed by Kenneth Wilson (Gilfillan, Barbara) (Entered: 10/20/2008)

Oct. 20, 2008
79

RESPONSE in Opposition re 76 MOTION relief from stipulation re 13 Stipulation MOTION relief from stipulation re 13 Stipulation with supporting memo filed by Department of Corrections. (Grant, Michael) (Entered: 10/28/2008)

Oct. 28, 2008
80

RESPONSE in Opposition re 77 MOTION to Appoint Counsel MOTION to Adjudge in Contempt WITH SUPPORTING MEMO filed by Department of Corrections. (Grant, Michael) (Entered: 10/28/2008)

Oct. 28, 2008
81

MANDATE of USCA asffirming this court's decision as to 59 Notice of Appeal filed by Kenneth Wilson, 60 Notice of Appeal filed by Jason Cook, 55 Notice of Appeal filed by Parrish Chase, 26 Notice of Appeal filed by Larry Pelcher, 22 Notice of Appeal filed by Norman Wheeler, 24 Notice of Appeal filed by Michael A. Brennan, 19 Notice of Appeal filed by Christopher Hadley, 15 Notice of Appeal filed by Kenneth Wilson (Gilfillan, Barbara) (Entered: 10/28/2008)

Oct. 28, 2008

Appeal Record Returned: (Gilfillan, Barbara) (Entered: 10/28/2008)

Oct. 28, 2008

MOTIONS REFERRED: 76 MOTION relief from stipulation re 13 Stipulation MOTION relief from stipulation re 13 Stipulation, 77 MOTION to Appoint Counsel MOTION to Adjudge in Contempt Motions referred to Jacob Hagopian. (Gilfillan, Barbara) (Entered: 11/07/2008)

Nov. 7, 2008
83

NOTICE of lack of Service and MOTION for an Extension of Time to File Response/Reply to Rby Mark Halvorsen. Responses due by 8/24/2009 (Attachments: # 1 Affidavit of Halvorsen, # 2 Affidavit of Harrington, # 3 Affidavit of Botelho, # 4 Affidavit of Wakster, # 5 Affidavit of Pierce, # 6 Affidavit of Geisser, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I, # 10 Exhibit J)(Gilfillan, Barbara) (Entered: 08/05/2009)

Aug. 5, 2009

MOTIONS REFERRED: 83 MOTION for Service lack of MOTION for an Extension of Time to File Response/Reply to RMotions referred to Jacob Hagopian. (Gilfillan, Barbara) (Entered: 08/26/2009)

Aug. 26, 2009
84

MOTION for Reconsideration for appointment of counsel by Mark Halvorsen. Responses due by 10/1/2009 (Gilfillan, Barbara) (Entered: 09/14/2009)

Sept. 14, 2009

MOTIONS REFERRED: 84 MOTION for Reconsideration for appointment of counsel Motions referred to Jacob Hagopian. (Gilfillan, Barbara) (Entered: 10/15/2009)

Oct. 15, 2009
85

MOTION to Vacate and void stipulation order by Parrish Chase. Responses due by 11/19/2009 (Gilfillan, Barbara) (Entered: 11/02/2009)

Nov. 2, 2009
86

AFFIDAVIT re 85 MOTION to Vacate and void stipulation order by Parrish Chase, John F. Pierce, Mark Halvorsen. (Gilfillan, Barbara) (Entered: 11/02/2009)

Nov. 2, 2009

MOTIONS REFERRED: 85 MOTION to Vacate and void stipulation order Motions referred to Jacob Hagopian. (Gilfillan, Barbara) (Entered: 11/02/2009)

Nov. 2, 2009
89

MOTION for an Extension of Time of 30 days, to respond to 88 Memorandum and Order by Parrish Chase. Responses due by 12/31/2009 (Duhamel, John) (Entered: 12/15/2009)

Dec. 14, 2009
90

MOTION for an Extension of Time to file objection to Rby Mark Halvorsen. Responses due by 1/4/2010 (Gilfillan, Barbara) (Entered: 12/18/2009)

Dec. 18, 2009
91

RESPONSE IN OPPOSITION by Parrish Chase re 88 Order on Motion to Vacate. (Gilfillan, Barbara) (Entered: 01/07/2010)

Jan. 7, 2010

MOTIONS REFERRED: 90 MOTION for an Extension of Time to file objection, 89 MOTION for an Extension of Time of 30 days, to respond to 88 Memorandum and Order Motions referred to Jacob Hagopian. (Gilfillan, Barbara) (Entered: 01/07/2010)

Jan. 7, 2010
92

RESPONSE IN OPPOSITION by Mark Halvorsen re 87 Order on Motion for Service,, Order on Motion for Reconsideration, 82 Order on Motion for Miscellaneous Relief, Order on Motion to Appoint Counsel, Order on Motion to Adjudge in Contempt. (Gilfillan, Barbara) (Entered: 01/12/2010)

Jan. 12, 2010
93

ORDER granting 89 Motion for Extension of Time ; granting 90 Motion for Extension of Time. So Ordered by Magistrate Judge Jacob Hagopian on 1/19/10. (Gilfillan, Barbara) (Entered: 01/19/2010)

Jan. 19, 2010

State / Territory: Rhode Island

Case Type(s):

Prison Conditions

Special Collection(s):

Solitary confinement

Key Dates

Filing Date: July 16, 1974

Closing Date: 2007

Case Ongoing: No

Plaintiffs

Plaintiff Description:

prisoners of the State of Rhode Island

Plaintiff Type(s):

Private Plaintiff

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

Rhode Island Department of Corrections, State

Adult Correctional Institution, State

Case Details

Causes of Action:

42 U.S.C. § 1983

Constitutional Clause(s):

Cruel and Unusual Punishment

Availably Documents:

Trial Court Docket

Complaint (any)

Injunctive (or Injunctive-like) Relief

Any published opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Source of Relief:

Settlement

Litigation

Form of Settlement:

Court Approved Settlement or Consent Decree

Order Duration: 1970 - 2007

Content of Injunction:

Implement complaint/dispute resolution process

Reporting

Monitor/Master

Recordkeeping

Monitoring

Required disclosure

Training

Issues

General:

Administrative segregation

Assault/abuse by residents/inmates/students

Bathing and hygiene

Classification / placement

Disciplinary segregation

Education

Fire safety

Food service / nutrition / hydration

Funding

Good time

Mail

Recreation / Exercise

Rehabilitation

Restraints : physical

Sanitation / living conditions

Solitary confinement/Supermax (conditions or process)

Totality of conditions

Visiting

Crowding:

Crowding / caseload

Post-PLRA Population Cap

Pre-PLRA Population Cap

Affected Gender:

Female

Male

Medical/Mental Health:

Medical care, general

Mental health care, general

Tuberculosis

Type of Facility:

Government-run