Case: Silvia v. Vose

1:85-cv-00110 | U.S. District Court for the District of Rhode Island

Filed Date: Feb. 27, 1985

Closed Date: 2003

Clearinghouse coding complete

Case Summary

In 1985, James Silvia filed a pro se complaint in the U.S. District Court District of Rhode Island (Providence), alleging violation of various of his civil rights due to his confinement at the Adult Correctional Institutions (ACI) in Cranston, Rhode Island. It was assigned case number 85-cv-00110-L. On May 21, 1991, Plaintiff Charles Hockenhull (who was also a plaintiff in the Silvia case) filed a similar pro se civil rights case in the U.S. District Court District of Rhode Island (Providence)…

In 1985, James Silvia filed a pro se complaint in the U.S. District Court District of Rhode Island (Providence), alleging violation of various of his civil rights due to his confinement at the Adult Correctional Institutions (ACI) in Cranston, Rhode Island. It was assigned case number 85-cv-00110-L. On May 21, 1991, Plaintiff Charles Hockenhull (who was also a plaintiff in the Silvia case) filed a similar pro se civil rights case in the U.S. District Court District of Rhode Island (Providence), challenging conditions at ACI. That case was assigned case number 91-cv-00267-L.

Our information on these two cases is limited. It appears from the PACER dockets that the District Court certified the Silvia as a class action and entered a Consent Decree in 1988. The terms of the Decree are unknown.

On May 7, 1992, Magistrate Judge Hagopian issued his Report & Recommendation in the Hockenhull case, which recommended that Plaintiff Hockenhull's motion for class certification pursuant to Fed.R.Civ.P. 23 be denied. Hockenhull v. Vose, 1992 WL 426451 (D.R.I. May 7, 1992.) The District Court (Judge Ronald R. Lagueux) adopted the Magistrate's R&R and denied class certification.

The Silvia (#85-cv-00110) and Hockenhull (#91-cv-00267-L) cases were consolidated on April 22, 1993. The District Court appointed Magistrate Judge Hagopian to serve as Special Master in the consolidated cases to analyze the current conditions at ACI inmate libraries and to determine defendant's compliance.

On February 1, 1994, the District Court approved a Dismissal Stipulation of the parties in the Hockenhull case, which provided for the creation of training program for inmate law clerks. The case was dismissed without prejudice and was ordered closed on April 22, 1994. The Silvia case remained active.

On May 21, 1991 the District Court (Judge Ronald R. Lagueux) approved a Settlement Agreement and Dismissal Stipulation, finding that the 1988 Consent Decree in Silvia was obsolete. The case was ordered dismissed and the Decree vacated. Two inmates appealed.

On September 17, 2003, the First Circuit Court of Appeals entered Judgment affirming the District Court's approval of the settlement. The case was remanded for the limited purpose of changing the disposition to termination of the Consent Decree as opposed to vacating it.

We have no further information on these consolidated cases.

Summary Authors

Dan Dalton (2/28/2007)

People


Judge(s)

Hagopian, Jacob (Rhode Island)

Lagueux, Ronald Rene (Rhode Island)

Attorneys(s) for Plaintiff

Bronstein, Alvin J. (District of Columbia)

Attorneys(s) for Defendant

Cappello, George M. (Rhode Island)

Cipriano, Anthony A. (Rhode Island)

Gentile, David J. (Rhode Island)

Grant, Michael (Rhode Island)

Woolley, Richard B. (Rhode Island)

Judge(s)

Hagopian, Jacob (Rhode Island)

Lagueux, Ronald Rene (Rhode Island)

Attorneys(s) for Plaintiff

Bronstein, Alvin J. (District of Columbia)

Attorneys(s) for Defendant

Cappello, George M. (Rhode Island)

Cipriano, Anthony A. (Rhode Island)

Gentile, David J. (Rhode Island)

Grant, Michael (Rhode Island)

Woolley, Richard B. (Rhode Island)

Documents in the Clearinghouse

Document

Docket (PACER)

Hockenhull v. Vose

Feb. 8, 1994 Docket

Docket (PACER)

Oct. 17, 2003 Docket
13

Report & Recommendation

Hockenhull v. Vose

1992 WL 426451, 1992 U.S.Dist.LEXIS 7593

May 7, 1992 Order/Opinion

Docket

Last updated May 12, 2022, 8 p.m.

ECF Number Description Date Link
1

MOTION by James Silvia to Show Cause Why Defendants Should Not Be Held in Contempt (Smith, M) (Entered: 06/16/1992)

Aug. 27, 1991
2

MOTION by James Silvia To Rule (Smith, M) (Entered: 06/16/1992)

Aug. 27, 1991
3

AFFIDAVIT by James Silvia Re: [1-1] motion to Show Cause Why Defendants Should Not Be Held in Contempt with several exhibits including affidavits, letters, and interoffice memos. (Smith, M) (Entered: 06/16/1992)

Aug. 27, 1991
5

OBJECTION by George Vose to [2-1] motion To Rule, [1-1] motion to Show Cause Why Defendants Should Not Be Held in Contempt (Smith, M) (Entered: 06/16/1992)

Sept. 11, 1991
4

ORDER granting [2-1] motion To Rule granting [1-1] motion to Show Cause Why Defendants Should Not Be Held in Contempt ( signed by Magistrate Judge Jacob Hagopian ) (Smith, M) (Entered: 06/16/1992)

Sept. 20, 1991

Dfts. additional, identical Objection to M/Adjudge in Contempt filed w/Memo and in court file with docket #5. (Smith, M) (Entered: 06/16/1992)

Sept. 30, 1991

Original Objection to M/Adjudge in Comtempt was clock dated 9/11 but went to Judge Boyle's clerks; after several calls by Judge Lagueux's clerk (see hard copy docket notes) all copies found on 10/2. (Smith, M) (Entered: 06/16/1992)

Oct. 2, 1991

Referred Dft's Obje. to M/Adjudge in Contempt to U.S.M.J. Hagopian. (Smith, M) (Entered: 06/16/1992)

Oct. 2, 1991
6

RESPONSE by James Silvia in opposition to [5-1] motion response by Dfts. (Smith, M) (Entered: 06/16/1992)

Feb. 10, 1992

Plaintiff's "Responce" to Dfts' Obj. of 2/10/92 referred to U.S.M.J. Hagopian. (Smith, M) (Entered: 06/16/1992)

March 3, 1992
7

ORDER [2-1] motion To Rule referred to Magistrate Judge Jacob Hagopian ( signed by Judge Ronald R. Lagueux ) (Smith, M) (Entered: 06/16/1992)

June 12, 1992

Judge Pettine recusal; Letter from Pla. dated 8/14/91; Previous dfts:Stafford Quick; Michael Moore; James Viera; ALL PREVIOUS DOCKET ENTRIES ARE IN DOCKET BOOK FOR 1985. (Smith, M) (Entered: 06/16/1992)

June 16, 1992

CASE REFERRED to Magistrate Judge Jacob Hagopian (Smith, M) (Entered: 06/16/1992)

June 16, 1992
8

HABEAS CORPUS issued for Silvia to appear before Magistrate Judge Hagopian on plntf's motion to adjudge in contempt / show cause hearing. (Lagueux, C) (Entered: 06/18/1992)

June 18, 1992

Motion hearing re: [2-1] motion To Rule at 10:30 6/9/92 before Magistrate Judge Hagopian (Lagueux, C) (Entered: 06/18/1992)

June 18, 1992

Motion hearing re: [1-1] motion to Show Cause Why Defendants Should Not Be Held in Contempt at 10:30 7/9/92 before Magistrate Judge Hagopian (Lagueux, C) (Entered: 06/18/1992)

June 18, 1992
9

PETITION for Writ of Habeas Corpus ad Testificandum submitted by James Silvia. (Burgess, J) (Entered: 07/07/1992)

June 25, 1992
10

WRIT of Habeas Corpus ad Testificandum The President of the United States of America submitted by James Silvia. (Burgess, J) (Entered: 07/07/1992)

June 25, 1992
11

PRE-HEARING ORDER - P & D will file within 30 days Memos, list of exhibits, and probably length of each party's presentation ( signed by Magistrate Judge Jacob Hagopian ) (Smith, M) (Entered: 07/09/1992)

July 9, 1992
12

1 Habeas Corpus returned. (Burgess, J) (Entered: 07/21/1992)

July 17, 1992
13

Plaintiff's Memo in support of M/Adjudge in Contempt as ordered by U.S.M.J. Hagopian - answer due 8/20/92. (Smith, M) (Entered: 08/18/1992)

Aug. 10, 1992
14

DEFENDANTS' MOTION to Dismiss (Burgess, J) (Entered: 08/25/1992)

Aug. 20, 1992

Motion(s) referred: Motion to Adjudge in Comtempt by Plaintiff and Motion to Dismiss by Defendant referred to Magistrate Judge Boudewyns. (Smith, M) (Entered: 08/21/1992)

Aug. 21, 1992

Pre-Hearing Memorandum filed on M/Adjudge Dfts. in Contempt by Plaintiff filed by Atty. Gentile - to U.S.M.J. Boudewyns (Smith, M) (Entered: 08/25/1992)

Aug. 25, 1992
15

COPY OF ORDER, to Consolidate Cases - consolidating action in CA 91-0267 with this action ( signed by Judge Ronald R. Lagueux ) (Smith, M) (Entered: 01/28/1993)

Jan. 28, 1993

Status conference held by Magistrate Judge Boudewyns at ACI on 2/3/93. Judge notified bath prisoners (Silvia & Hockenhull) that their suits have been joined. Judge to hold a formal hearing on library access. Hockenhull agreed to sever his library access claim from his inmate welfare fund claim. (Lagueux, C) (Entered: 02/05/1993)

Feb. 5, 1993

CASE assigned to Judge Ronald R. Lagueux . Assigned to Magistrate Judge Timothy M. Boudewyns (Dias, J) (Entered: 03/18/1993)

March 18, 1993

Consolidated Lead Case - see order of 1/28/93 (CA 91-267 has been consolidated with this case - all entries to be docketed in this case). (Smith, M) (Entered: 04/22/1993)

April 22, 1993
16

ORDER appointing special master senior U.S.Magistrate Judge Jacob Hagopian in combined cases.o analyze present conditions at ACI inmate libraries and determine defendant's compliance (signed by Chief Judge Ronald R. Lagueux) (Smith, M) (Entered: 04/22/1993)

April 22, 1993

CASE REFERRED to Jacob Hagopian as special master (Smith, M) (Entered: 04/22/1993)

April 22, 1993
17

ORDER: An order having been entered 4/22/93 appointing Sr. Mag- Judge Hagopian special master in this case, extension of the Court's order is hereby entered and compliance will be had within 90 days. ( signed by Judge Ronald R. Lagueux ) (Kapstein, L) (Entered: 07/16/1993)

July 16, 1993
18

ORDER in this case and CA 91-267 granting Plaintiff Hockenhull's M/Dismiss certain counts of his Complaint and counts of Amended Complaint - Plaintiff Hockenhull to file second amended complaint within 20 days or remaining counts shall be dismissed. ( signed by Judge Ronald R. Lagueux ) (Smith, M) (Entered: 10/22/1993)

Oct. 22, 1993
19

Magistrate Judge Hagopian's notes on conference. (Smith, M) (Entered: 10/22/1993)

Oct. 22, 1993

court file with Retired U.S.M.J.Hagopian; also court file in 91-267. (Smith, M) (Entered: 11/23/1993)

Nov. 23, 1993
20

ORDER Upon consideraiton of Plaintiff Silvia's M/Adjudge in Comtempt in 85-110 and stipulation of dismissal entered into by and between the parties in this case attached, instant motion to adjudge in contempt is DENIED. ( signed by Judge Ronald R. Lagueux ) (Smith, M) (Entered: 12/07/1993)

Dec. 7, 1993

Note to file: D's M/Dismiss is still pending. (Smith, M) (Entered: 12/07/1993)

Dec. 7, 1993
21

COPY OF ORDER and Dismissal Stipulation in 91-267 Hockenhull v. Vose dismissing based on agreement in this case. ( signed by Judge Ronald R. Lagueux ) (Smith, M) (Entered: 02/08/1994)

Feb. 8, 1994
22

DOCUMENTS #22 - #27 DOCKETED IN THIS MATTER have been re-drawn to a new case per RRL - copies and originals have been re- submitted for re-drawing - MOTION by Raymond Cruz and Sean Smith for order to show cause why plaintiff's motion for an order of contempt and further relief should not be granted. (Burgess, J) Modified on 05/16/1994 (Entered: 04/15/1994)

April 13, 1994
23

MOTION to Proceed in Forma Pauperis (Burgess, J) (Entered: 04/15/1994)

April 13, 1994
24

MOTION for Protective Order (Burgess, J) (Entered: 04/15/1994)

April 13, 1994
25

MOTION for order to show cause and other releif. (Burgess, J) (Entered: 04/15/1994)

April 13, 1994
26

ADDENDUM TO PLAINTIFF'S motion for contempt citation. (Burgess, J) (Entered: 04/15/1994)

April 13, 1994
27

MOTION for contempt. (Burgess, J) (Entered: 04/15/1994)

April 13, 1994
28

MOTION by James Silvia to rule (Burgess, J) (Entered: 08/02/1994)

July 20, 1994
29

MOTION by James Silvia to Show Cause why defendant's should not be held in contempt. (Burgess, J) (Entered: 08/02/1994)

July 20, 1994
30

MOTION by James Silvia, Anthony Souza, Charles H. Hockenhull for contempt (Burgess, J) (Entered: 09/23/1994)

Sept. 14, 1994

Motion(s) referred: [29-1] motion to Show Cause why defendant's should not be held in contempt. referred to Magistrate Judge Jacob Hagopian (Gilfillan, B) (Entered: 09/15/1994)

Sept. 15, 1994

Motion(s) referred: [28-1] motion to rule referred to Magistrate Judge Jacob Hagopian (Gilfillan, B) (Entered: 09/15/1994)

Sept. 15, 1994
31

STIPULATION of dismissal signed by Judge Ronald R. Lagueux (Gilfillan, B) (Entered: 10/17/1994)

Oct. 17, 1994
32

WRIT of habeas corpus returned unexecuted, defendant is serving out-of- state. (Burgess, J) (Entered: 10/21/1994)

Oct. 20, 1994
33

WRIT of habeas corpus returned executed on 10/12/94 as to James Silvia. (Burgess, J) (Entered: 10/21/1994)

Oct. 20, 1994
34

MOTION by James Silvia to Show Cause why defendant's should not be held in contempt. (Burgess, J) (Entered: 04/10/1995)

April 7, 1995
35

MOTION by James Silvia to rule w/ affidavits attached. (Burgess, J) (Entered: 04/10/1995)

April 7, 1995
36

ORDER referring case of Mag J. Hagopian ( signed by Judge Ronald R. Lagueux ) (Gilfillan, B) (Entered: 05/02/1995)

May 2, 1995

Motion hearing re: [35-1] motion to rule w/ affidavits attached. at 10:00 6/27/95, [34-1] motion to Show Cause why defendant's should not be held in contempt. at 10:00 6/27/95 - Mag J. Hagopian (Gilfillan, B) (Entered: 06/23/1995)

June 23, 1995
37

STIPULATION of dismissal of Motion to Show Cause (Gilfillan, B) (Entered: 06/27/1995)

June 27, 1995
38

Habeas Corpus Returned 6/27/95 (Burgess, J) (Entered: 07/14/1995)

July 11, 1995
39

MOTION by Edson Toro TO ADJUDGE in Contempt (Burgess, J) (Entered: 02/29/1996)

Jan. 16, 1996
40

MOTION by Ronald Chase TO ADJUDGE in Contempt (Burgess, J) (Entered: 02/29/1996)

Jan. 16, 1996
41

MOTION by Matthew Komrowski TO ADJUDGE in Contempt (Burgess, J) (Entered: 02/29/1996)

Feb. 21, 1996
42

OBJECTION by George A. Vose to [41-1] motion TO ADJUDGE in Contempt (Burgess, J) (Entered: 02/29/1996)

Feb. 26, 1996
43

RESPONSE by Matthew Komrowski in opposition to [42-1] motion response (Burgess, J) (Entered: 03/11/1996)

March 4, 1996
44

RESPONSE by George A. Vose, Michael A. Moore in opposition to [39- 1] motion TO ADJUDGE in Contempt (Burgess, J) (Entered: 03/11/1996)

March 4, 1996
45

Habeas Corpus Returned 3/19/96 (Burgess, J) (Entered: 03/22/1996)

March 20, 1996
46

Habeas Corpus Returned 3/7/96 unexecuted due to a medical emergency. (Burgess, J) (Entered: 03/22/1996)

March 20, 1996
47

Habeas Corpus Returned 3/7/96 (Burgess, J) (Entered: 03/22/1996)

March 20, 1996
48

Habeas Corpus Returned 3/7/96 (Burgess, J) (Entered: 03/22/1996)

March 20, 1996
49

STIPULATION of dismissal signed by Magistrate Judge Jacob Hagopian dismissing Edson Toro's motion for contempt. (Brown, D) (Entered: 03/28/1996)

March 25, 1996
50

STIPULATION of dismissal signed by Magistrate Judge Jacob Hagopian dismissing Matthew Komrowski's motion for contempt. (Brown, D) (Entered: 03/28/1996)

March 25, 1996
51

REPORT AND RECOMMENDATIONS of Magistrate Judge Jacob Hagopian to deny Re: [41-1] motion TO ADJUDGE in Contempt ; Motion no longer referred Objections to R and R due by 5/6/96 (Brown, D) (Entered: 04/19/1996)

April 19, 1996
52

REPORT AND RECOMMENDATIONS of Magistrate Judge Jacob Hagopian to deny Re: [40-1] motion TO ADJUDGE in Contempt ; Motion no longer referred Objections to R and R due by 5/6/96 (Brown, D) (Entered: 04/19/1996)

April 19, 1996

ORDER dismissing [41-1] motion TO ADJUDGE in Contempt ( signed by Magistrate Judge Jacob Hagopian ) (Brown, D) (Entered: 04/19/1996)

April 19, 1996
54

ORDER dismissing [39-1] motion TO ADJUDGE in Contempt ( signed by Judge Ronald R. Lagueux ) (Brown, D) (Entered: 04/19/1996)

April 19, 1996
54

ORDER dismissing [41-1] motion TO ADJUDGE in Contempt ( signed by Judge Ronald R. Lagueux ) (Brown, D) (Entered: 04/19/1996)

April 19, 1996
55

ORDER denying [40-1] motion TO ADJUDGE in Contempt; accepting R&R of Mag J Hagopian ( signed by Judge Ronald R. Lagueux ) (Gilfillan, B) (Entered: 10/18/1996)

Oct. 15, 1996
56

NOTICE of by James Silvia, George A. Vose, Anthony Souza, Michael A. Moore, Jacob Hagopian, Charles H. Hockenhull to all members of plaintiff class (Gilfillan, B) (Entered: 03/22/2001)

March 20, 2001
57

ORDER - notice to plaintiff class - objections to proposed dismissal agreement due 4/23/01; hearing 5/23/01 at 10:00 ( signed by Judge Ronald R. Lagueux ) (Gilfillan, B) (Entered: 03/22/2001)

March 22, 2001
58

John Nania's Objection to the Proposed Dismissal Agreement (Saucier, M) (Entered: 04/09/2001)

April 9, 2001
59

Objection to the Proposed Dismissal Agreement (filed by Ashanti Shaisur) (Saucier, M) (Entered: 04/12/2001)

April 11, 2001
60

Objection to Dismisssal Agreement filed by Barry E. Dowell (Saucier, M) (Entered: 04/13/2001)

April 13, 2001
61

Objection to Stipulation of Dismissal; filed by Bruce Reilly (Saucier, M) (Entered: 04/17/2001)

April 16, 2001
62

Plaintiff's Objection to Stipulation of Dismissal. Filed by Adrina Bustamante, Fred DeWitt, Jose Garcia, Dennis Evans, Sheldon Luther. (Saucier, M) (Entered: 04/20/2001)

April 20, 2001
63

MOTION for writ of habeas corpus ad testificandum filed by Adrian Bustamante, Fred Dewitt, Dennis Evans, Jose Garcia, Sheldon Luther, Michael Porreca. (Saucier, M) (Entered: 04/20/2001)

April 20, 2001
64

Objection to Stipulation of Dismissal. Filed by Adrian Bustamante, Fred DeWitt, Jose Garcia, Dennis Evans, Sheldon Luther. (Saucier, M) (Entered: 04/20/2001)

April 20, 2001
65

Plaintiff's Objection to Defendant's Stipulation of Dismissal. Filed by Joseph Mcmanus (Saucier, M) (Entered: 04/20/2001)

April 20, 2001
66

Plaintiff's Objection to Proposed Dismissal Order. Filed by Byron Barber (Saucier, M) (Entered: 04/20/2001)

April 20, 2001
67

Objection to Motion to Dismiss filed by Gerald M. Brown (Saucier, M) (Entered: 04/23/2001)

April 23, 2001
68

Objection to Motion to Dismiss filed by Thomas Austen (Saucier, M) (Entered: 04/23/2001)

April 23, 2001
69

Objection to Proposed Dismissal Agreement (Saucier, M) (Entered: 04/23/2001)

April 23, 2001
70

Objection to the Proposed Dismissal Order filed by Edmond Brown (Saucier, M) (Entered: 04/23/2001)

April 23, 2001
71

Objection to the Proposed Dismissal Agreement filed by Joseph W. Salvatore (Saucier, M) (Entered: 04/23/2001)

April 23, 2001
72

Objection to the Proposed Dismissal Agreement filed by Vincent P. Murray (Saucier, M) (Entered: 04/23/2001)

April 23, 2001
73

Objection to Proposed Dismissal Agreement filed by Ronald L'Heureux (Saucier, M) (Entered: 04/23/2001)

April 23, 2001
74

Objection to Proposed Dismissal Agreement filed by Danny L. Brown (Saucier, M) (Entered: 04/23/2001)

April 23, 2001
75

Objection to Proposed Dismissal Agreement filed by Alfred Lemerick (Saucier, M) (Entered: 04/23/2001)

April 23, 2001
76

Objection to Proposed Dismissal Agreement filed by Alan R. Gaudreau (Saucier, M) (Entered: 04/23/2001)

April 23, 2001

Civil Hearing re: [50-1] dismiss/dismissal stipulation before Judge Ronald R. Lagueux. Ct. Reporter: J. Fontes; Alvin Bronstein for the plaintiff; Anthony Cipriano, Paul Mancini and Richard Wooley for the defendant. All counsel of record present. Mr. Bronstein addresses the court in regards to the stipulation agreement. Mr. Cipriano concurs with Mr. Bronstein. Court satisfied consent decree of 1988 is obsolete. Court finds the state's policy is reasonable and lawful. Court enters order that the stipulation is approved and the cases are dismissed. Court to enter short memorandum explaining the order. (Saucier, M) (Entered: 05/23/2001)

May 23, 2001
78

Minute entry: Hearing on Settlement Agreement held. (Saucier, M) (Entered: 05/23/2001)

May 23, 2001
79

MEMORANDUM and ORDER granting [57-1] stipulation of dismissal ( signed by Judge Ronald R. Lagueux ) (Gilfillan, B) (Entered: 05/23/2001)

May 23, 2001
80

TRANSCRIPT OF Stipulation of Dismissal for date of 05/23/01 (Saucier, M) (Entered: 05/25/2001)

May 24, 2001

State / Territory: Rhode Island

Case Type(s):

Prison Conditions

Key Dates

Filing Date: Feb. 27, 1985

Closing Date: 2003

Case Ongoing: No

Plaintiffs

Plaintiff Description:

All inmates at the Adult Correctional Institutions (ACI) in Cranston, Rhode Island.

Public Interest Lawyer: Yes

Filed Pro Se: Yes

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

Adult Correctional Institutions (ACI) (Cranston), State

Case Details

Causes of Action:

42 U.S.C. § 1983

Availably Documents:

Trial Court Docket

Any published opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Order Duration: 1988 - 2001

Issues

General:

Access to lawyers or judicial system

Law library access

Type of Facility:

Government-run