Case: Morris v. Travisono

1:69-cv-04192 | U.S. District Court for the District of Rhode Island

Filed Date: Oct. 11, 1969

Clearinghouse coding complete

Case Summary

On October 11, 1969, inmates at the Adult Correctional Institution (ACI) in Rhode Island 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 by Rhode Island Legal Services and the NAACP Legal Defense Fund, asked the court for a temporary restraining order, alleging that the defendants had discriminatorily segregated them from the general prison population and placed them…

On October 11, 1969, inmates at the Adult Correctional Institution (ACI) in Rhode Island 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 by Rhode Island Legal Services and the NAACP Legal Defense Fund, asked the court for a temporary restraining order, alleging that the defendants had discriminatorily segregated them from the general prison population and placed them in an area called the Behavioral Control Unit (BCU). Prisoners in the BCU were denied opportunities such as the chance to work, to engage in regular prison activities, and to attend chapel. The plaintiffs further alleged that the BCU was a serious and unconstitutional health hazard due to poor sanitation and health conditions.

The U.S. District Court for the District of Rhode Island (Judge Raymond James Pettine) granted the temporary restraining order until a trial could be held. On December 16, 1969, the plaintiffs filed an amended complaint, alleging a class action on behalf of all prisoners at ACI, and a separate sub-class action on behalf of the prisoners at the BCU. The complaint addressed the constitutionality of the classification and disciplinary procedures, as well as certain unspecified qualities of prison life at ACI.

In January 1970, the parties submitted a consent decree proposal to the court, and several members of the plaintiff class objected. On March 11, 1970, the district court (Judge Pettine) adopted the proposed settlement as the interim decree of the court, which would retain jurisdiction for 18 months to allow the parties to establish a working scheme of enforcement of the regulations and to permit enough flexibility for necessary rule changes. Morris v. Travisono, 310 F.Supp. 857 (D.R.I. 1970).

On April 20, 1972, the district court (Judge Pettine) entered a final consent decree, which became known as the "Morris Rules." No injunctive relief was added to the declaration in the final decree because the defendants agreed to adopt the Morris Rules and promulgate them within 90 days of the judgment. This was accomplished on October 10, 1972.

On April 2, 1973, there was an extensive riot in the maximum security section of ACI, resulting in almost a half million dollars of damages. On May 27, 1973, an inmate was stabbed to death, and on June 22, 1973, an inmate murdered a correctional officer. In addition to these problems, numerous other incidents occurred, including an alleged escape attempt by several prisoners. Eventually, the state police were called in to ACI to assist in the administration of the correctional duties.

On May 7, 1973, a new warden was appointed to ACI, and on June 22, 1973, Commissioner of Corrections Anthony Travisono instructed the state to suspend the Morris Rules without filing any motion with the district court to modify or vacate its judgment. The prison went into lockdown for 18 days, visitation was suspended, and 18 inmates were transferred into the BCU without the benefit of any procedural safeguards. The plaintiffs asked the district court for declaratory and injunctive relief, arguing that the defendants had violated the consent decree.

The Morris case was consolidated for an injunction hearing with Ben David v. Travisono, PC-RI-0005 in this clearinghouse. On March 8, 1974, the district court (Judge Pettine) granted declaratory and injunctive relief to the plaintiffs, holding that the total suspension of the Morris Rules after the disturbance had been settled was a violation of the consent decree and ordering the defendants to reinstate the Morris Rules. The court granted the defendants one week to suggest possible revisions to the rules that they might believe to be necessary. Morris v. Travisono, 373 F.Supp. 177 (D.R.I. 1974). Defendants appealed, resulting in separate appeals in both the Morris case and Ben David v. Travisono. On February 6, 1975, the U.S. Court of Appeals for the First Circuit (Judge Levin H. Campbell) affirmed the district court's decision as to the Morris case, holding that the suspension of the Morris Rules after the state of emergency had passed was improper. Morris v. Travisono, 509 F.2d 1358 (1st Cir. 1975). The appellate decision in the Ben David case is found at Ben David v. Travisono, 495 F.2d 562 (1st Cir. 1974).

Meanwhile, in October 1974, the district court (Judge Pettine) held a jury trial on whether plaintiffs were entitled to damages for cruel and unusual punishment due to the defendants' use of tear gas on them as a method of punishment. The jury awarded nominal and punitive damage awards to several prisoners, and the defendants appealed. On January 22, 1976, the First Circuit (Judge Edward Matthew McEntee) affirmed the district court's judgment. Morris v. Travisono, 528 F.2d 856 (1st Cir. 1976).

The plaintiffs asked the court to award them attorneys' fees, but the district court (Judge Pettine) declined to do so. The plaintiffs asked the district court to reconsider, and after an evidentiary hearing, the district court again denied the award. The plaintiffs appealed. On May 16, 1980, the First Circuit (Judge Frank Morey Coffin, Judge Levin Hicks Campbell, and Judge Hugh Henry Bownes) issued a per curiam opinion reversing the district court's decision and remanding the action back to the district court. David v. Travisono, 621 F.2d 464 (1st Cir. 1980).

The prisoner responsible for the 1973 murder of a correctional officer asked the district court to hold the defendants in civil contempt for violations of the Morris Rules. The defendants responded, asking the district court to vacate the Morris Rules. On August 25, 1980, the district court (Judge Pettine) refused to vacate the previous judgment and upheld the Morris Rules. The court further held that the classification procedures at ACI had not deprived the plaintiff of due process, but that their failure to develop a treatment and rehabilitation plan for him had violated the Morris Rules. The court ordered them to conform to the Morris Rules by developing such a plan. Morris v. Travisono, 499 F.Supp. 149 (D.R.I. 1980).

On October 12, 1982, the district court (Judge Pettine) ruled on the prisoner's Eighth Amendment claim, holding that the defendants had violated his constitutional rights by keeping him in solitary confinement for more than eight years, despite the fact that this criminal and disciplinary records did not justify such classification. The court ordered the defendants to return him to the general population, but stayed enforcement of the order pending appeal due to complex legal issues. Morris v. Travisono, 549 F.Supp. 291 (D.R.I. 1982). The defendants appealed. On May 24, 1983, the First Circuit (Judge Coffin) affirmed the district court's decision.

On February 6, 2001, another inmate at ACI asked the district court for declaratory and injunctive relief, claiming that the defendants had violated his constitutional rights as well as the Morris Rules by refusing to allow his wife (a former correctional officer at ACI) to visit him. On July 31, 2001, the district court (Judge Ernest C. Torres) granted summary judgment to the defendants. DeWitt v. Wall, No. 01-65T, 2001 WL 1136090 (D.R.I. July 31, 2001). The plaintiff appealed. On June 21, 2002, the First Circuit (Judge Selya, Judge Campbell, and Judge Lipez) issued a per curiam opinion affirming the district court's ruling. DeWitt v. Wall, 2002 WL 1364250 (1st Cir. (R.I.) June 21, 2002). The plaintiff appealed. On June 27, 2003, the U.S. Supreme Court declined the petition for writ of certiori. DeWitt v. Wall, 539 U.S. 961 (2003).

In 2017, an inmate charged with narcotics trafficking in ACI's maximum security facility alleged alleges that the length of his disciplinary confinement, loss of visiting privileges, loss of good time credit, and the way his disciplinary hearing was conducted all violated the Morris Rules. Pona v. Weeden, 2017 WL 3279012 (D.R.I. June 29, 2017). The district court found it lacked subject matter jurisdiction over alleged violations of the Morris Rules.

On January 28, 2020, the Rhode Island district court issued a slip opinion in the case of Paiva v. Rhode Island, 2020 WL 430062 (D.R.I. January 28, 2020). The plaintiff had petitioned the court to impose the Morris Rules. After his petition was denied, the First Circuit reversed, finding that the Morris Rules were still in effect if the injunction had not been expired or terminated. The First Circuit directed the district court to determine if the injunction against suspension of the Morris Rules is still in full effect. The district court answered in the affirmative, and it further found that RIDOC violated the injunction when it unilaterally and without court permission substantively changed the Morris Rules.

Summary Authors

Kristen Sagar (6/14/2006)

Elena Malik (2/9/2020)

Related Cases

Ben David v. Travisono, District of Rhode Island (1973)

Paiva v. Rhode Island Department of Corrections, District of Rhode Island (2017)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/16610004/parties/morris-v-travisono/


Judge(s)

Bownes, Hugh Henry (New Hampshire)

Campbell, John Archibald (District of Columbia)

Coffin, Frank Morey (Maine)

Hagopian, Jacob (Rhode Island)

Lipez, Kermit Victor (Maine)

McConnell, John James Jr. (Rhode Island)

McEntee, Edward Matthew (Rhode Island)

Pettine, Raymond James (Rhode Island)

Selya, Bruce Marshall (Rhode Island)

Sullivan, Patricia A. (Rhode Island)

Judge(s)

Bownes, Hugh Henry (New Hampshire)

Campbell, John Archibald (District of Columbia)

Coffin, Frank Morey (Maine)

Hagopian, Jacob (Rhode Island)

Lipez, Kermit Victor (Maine)

McConnell, John James Jr. (Rhode Island)

McEntee, Edward Matthew (Rhode Island)

Pettine, Raymond James (Rhode Island)

Selya, Bruce Marshall (Rhode Island)

Sullivan, Patricia A. (Rhode Island)

Torres, Ernest C. (Rhode Island)

Attorneys(s) for Plaintiff

Angelone, Thomas C. (Rhode Island)

Bass, Stanley A. (New York)

Boren, Richard A. (Rhode Island)

Coen, Cary J. (Rhode Island)

Donahue, John J. (Rhode Island)

Goldstein, Anne B. (Massachusetts)

Gonnella, Ralph J. (Rhode Island)

Hurst, Barbara (Rhode Island)

Mann, Robert B. (Rhode Island)

Nelson, John A. (Rhode Island)

Roney, John M. (Rhode Island)

Stern, Max D. (Massachusetts)

Thoms, Peter W. (Rhode Island)

Turner, William Bennett (California)

Attorneys(s) for Defendant

Allen, W. Slater Jr. (Rhode Island)

Burke, Edward F. (Rhode Island)

Cappello, George M. (Rhode Island)

Coia, Raymond R. (Rhode Island)

Cooney, Eileen G. (Rhode Island)

Coyne-Fague, Patricia Anne (Rhode Island)

Dwight, Ronald A. (Rhode Island)

Foster, Paul L. (Rhode Island)

Israel, Richard J. (Rhode Island)

Petronio, Everett A. (Rhode Island)

Roberts, Dennis J. II (Rhode Island)

Ryan, Donald P. (Rhode Island)

Schreiber, Ira L. (Rhode Island)

Documents in the Clearinghouse

Document

Docket (PACER)

July 15, 2002 Docket

Memorandum and Order

310 F.Supp. 857

March 11, 1970 Order/Opinion

Opinion and Order

373 F.Supp. 177

March 8, 1974 Order/Opinion

Reported Opinion

U. S. Court of Appeals for the First Circuit

509 F.2d 1358

Feb. 6, 1975 Order/Opinion

Reported Opinion

U. S. Court of Appeals for the First Circuit

528 F.2d 856

Jan. 22, 1976 Order/Opinion

Reported Opinion

David v. Travisono

U. S. Court of Appeals for the First Circuit

621 F.2d 464

May 16, 1980 Order/Opinion

Opinion and Order (and Morris Rules)

499 F.Supp. 149

Aug. 25, 1980 Order/Opinion

Opinion and Order

549 F.Supp. 291

Oct. 12, 1982 Order/Opinion

Reported Opinion

U. S. Court of Appeals for the First Circuit

707 F.2d 28

May 24, 1983 Order/Opinion

Report and Recommendation

Dewitt v. Wall

2001 WL 1136090, 2001 U.S.Dist.LEXIS 15768

July 31, 2001 Order/Opinion

Resources

Title Description External URL

Judicial Intervention in Prison Discipline

Harvard Center for Criminal Justice

Jan. 1, 1972 http://scholarlycommons.law.northwestern.edu/cgi/viewcontent.cgi?article=5785&context=jclc

Docket

See docket on RECAP: https://www.courtlistener.com/docket/16610004/morris-v-travisono/

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

ECF Number Description Date Link
1

DOCKET NOTE: This electronic case file is a continuation of a paper case docket. The original paper case docket for Case No. 4192 is attached to this docket entry. (Simoncelli, Michael) (Entered: 12/19/2019)

Dec. 19, 2019 RECAP

Public Docket Note

Dec. 31, 2019 PACER

DOCKET NOTE: On 12/18/19 the Court granted a Motion to Intervene for Richard Paiva and for his attorneys Lynette Labinger and Sonia Deyoe to be appointed successor counsel in this case. For the sake of economy, all documents will continue to be filed in 17-MC-14-JJM (Barletta, Barbara)

Dec. 31, 2019 PACER
2

MOTION to terminate Morris Consent Decree filed by Particia Coyne-Fague. Responses due by 2/14/2020. (Barletta, Barbara) (Additional attachment(s) added on 2/3/2020: # 1 Affidavit of Kettle, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C, # 5 Exhibit D, # 6 Exhibit E, # 7 Exhibit F, # 8 Exhibit G, # 9 Exhibit H) (Barletta, Barbara). (Entered: 01/31/2020)

1 Affidavit of Kettle

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2 Exhibit A

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3 Exhibit B

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4 Exhibit C

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5 Exhibit D

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6 Exhibit E

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7 Exhibit F

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8 Exhibit G

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9 Exhibit H

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Jan. 31, 2020 RECAP

Order

Jan. 31, 2020 PACER

Notice of Hearing (Form Attached)

Jan. 31, 2020 PACER

TEXT ORDER: Any filings relevant to the Morris, et al v. Travisono case shall be filed on the CA 69-4192 docket - So Ordered by Chief Judge John J. McConnell, Jr. on 1/31/2020. (Barletta, Barbara)

Jan. 31, 2020 PACER

NOTICE of Hearing: Telephone Conference set for Tuesday, 2/4/2020 at 09:30 AM before Chief Judge John J. McConnell, Jr.; Court to initiate the call. Kindly provide case manager at 401-752-7202 with telephone contact information if it differs from the docket sheet(Barletta, Barbara)

Jan. 31, 2020 PACER

REVISED NOTICE of Hearing: In Chambers Conference set for Tuesday, 2/4/2020 at 09:30 AM in Judge McConnell's Chambers. PLEASE NOTE THAT THIS CONFERENCE HAS BEEN CHANGED TO AN IN CHAMBERS CONFERENCE(Barletta, Barbara)

Jan. 31, 2020 PACER

In Chambers Conference

Feb. 4, 2020 PACER

Minute Entry for proceedings held before Chief Judge John J. McConnell, Jr.: In Chambers Conference held on 2/4/2020; Lynette Labinger, Sonja Deyoe, Michael Grant, Kathleen Kelly and Nicole DiLibero present (Barletta, Barbara)

Feb. 4, 2020 PACER
3

NOTICE of Appearance by Kathleen M. Kelly on behalf of All Defendants (Grant, Michael) Modified on 2/19/2020 to add attorney name (Barletta, Barbara). (Entered: 02/05/2020)

Feb. 5, 2020 PACER
4

ORDER STAYING 2 MOTION to terminate Morris Consent Decree until further order of this Court - So Ordered by Chief Judge John J. McConnell, Jr. on 2/7/2020. (Barletta, Barbara) (Entered: 02/07/2020)

Feb. 7, 2020 RECAP

Case Assigned/Reassigned

Feb. 13, 2020 PACER

Case assigned to Magistrate Judge Patricia A. Sullivan. (Barletta, Barbara)

Feb. 13, 2020 PACER
5

MOTION for further relief filed by Richard Lee Paiva. Responses due by 3/23/2020. (Barletta, Barbara) (Entered: 03/11/2020)

March 9, 2020 PACER

Order on Motion for Miscellaneous Relief

March 23, 2020 PACER

TEXT ORDER withdrawing without prejudice 5 MOTION for further relief - So Ordered by Chief Judge John J. McConnell, Jr. on 3/23/2020.(Barletta, Barbara)

March 23, 2020 PACER
6

Letter from Richard Paiva. Docket mailed on 3/23/2020. (Attachments: # 1 Envelope) (Potter, Carrie) (Entered: 03/23/2020)

1 Envelope

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March 23, 2020 PACER
7

MOTION Petition to Opt Out of the Morris Class by John DaPonte . Responses due by 5/1/2020. (Attachments: # 1 Envelope)(Hicks, Alyson) (Entered: 04/17/2020)

1 Envelope

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April 17, 2020 PACER
8

RESPONSE In Opposition to 7 MOTION Petition to Opt Out of the Morris Class by John DaPonte filed by Joseph Morris, Richard Lee Paiva. Replies due by 5/1/2020. (Attachments: # 1 Exhibit 1 (Class Notice))(Labinger, Lynette) (Entered: 04/24/2020)

1 Exhibit 1 (Class Notice)

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April 24, 2020 PACER

Order on Motion for Miscellaneous Relief

April 27, 2020 PACER

TEXT ORDER: Motion of John DaPonte to Opt-Out 7 is DENIED. Rule 23 of the Federal Rules of Civil Procedure class actions - bound all members of this class upon the entry of final judgment in 1972. Therefore there is no basis to recognize an "opt out" for class members post-judgment - So Ordered by Chief Judge John J. McConnell, Jr. on 4/27/2020. (Barletta, Barbara)

April 27, 2020 PACER
9

Letter from Jason DaPonte (Attachments: # 1 Envelope) (Hicks, Alyson) (Entered: 04/29/2020)

1 Envelope

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April 29, 2020 PACER
10

MOTION to Terminate Status as Interpleader and to Opt Out of the Morris Class by Richard Paiva . Responses due by 5/15/2020. (Attachments: # 1 Envelope)(Hicks, Alyson) (Entered: 05/01/2020)

1 Envelope

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May 1, 2020 PACER
11

REPLY to Response by John DaPonte re 8 Response to Motion,. (Attachments: # 1 Envelope)(Hicks, Alyson) (Entered: 05/05/2020)

1 Envelope

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May 4, 2020 PACER

Notice of Hearing (Form Attached)

May 6, 2020 PACER
20

MOTION by Fred E. DeWitt for contempt (FarrellPletcher, P) (Entered: 05/18/2001)

May 18, 2001

NOTICE of Hearing: Telephone Conference set for Tuesday, 5/12/2020 at 02:00 PM before Chief Judge John J. McConnell, Jr.; Dial in instructions will be provided to counsel of record (Barletta, Barbara)

May 6, 2020 PACER

Motion(s) referred: [16-1] motion for Contempt referred to Magistrate Judge Jacob Hagopian (FarrellPletcher, P) (Entered: 05/21/2001)

May 21, 2001

Minute Entry for proceedings held before Chief Judge John J. McConnell, Jr.: Telephone Conference held on 5/12/2020; Lynette Labinger, Sonia Deyoe and Michael Grant participated (Barletta, Barbara)

May 12, 2020 PACER
25

OBJECTION by A. T. Wall to [23-1] motion for Preliminary Injunction (Mercurio, A) (Entered: 05/23/2001)

May 21, 2001

Telephone Conference

May 13, 2020 PACER

~Util - Set Deadlines

May 13, 2020 PACER
22

ORDER denying [20-1] motion for contempt, denying [16-1] motion for Contempt ( signed by Magistrate Judge Jacob Hagopian ) (FarrellPletcher, P) (Entered: 05/22/2001)

May 22, 2001

Order

May 13, 2020 PACER
23

MOTION by Fred E. DeWitt for Preliminary Injunction (Mercurio, A) (Entered: 05/23/2001)

May 22, 2001

TEXT ORDER: All parties shall respond to 10 MOTION to Terminate Status as Interpleader and to Opt Out of the Morris Class by Richard Paiva on or before 5/29/2020.- So Ordered by Chief Judge John J. McConnell, Jr. on 5/12/2020. (Barletta, Barbara)

May 13, 2020 PACER
24

MOTION by Fred E. DeWitt for Hearing (Mercurio, A) (Entered: 05/23/2001)

May 22, 2001

Motion(s) referred: [24-1] motion for Hearing referred to Magistrate Judge Jacob Hagopian, [23-1] motion for Preliminary Injunction referred to Magistrate Judge Jacob Hagopian (Mercurio, A) (Entered: 05/23/2001)

May 23, 2001
12

NOTICE by Joseph Morris, Richard Lee Paiva re 10 MOTION to Terminate Status as Interpleader and to Opt Out of the Morris Class by Richard Paiva to Withdraw ECF 10 Motion to Terminate Status as Interpleader and to Opt Our of Morris Class (Labinger, Lynette) (Entered: 05/27/2020)

May 27, 2020 PACER

TEXT ORDER: Pursuant to the 12 Notice, Richard Paiva's 10 MOTION to Terminate Status as Interpleader and to Opt Out of the Morris Class is hereby withdrawn - So Ordered by Chief Judge John J. McConnell, Jr. on 5/28/2020. (Barletta, Barbara)

May 28, 2020 PACER

Settlement conference set on 10:00 6/21/01 Before Magistrate Judge Jacob Hagopian (Brown, D) (Entered: 06/01/2001)

June 1, 2001

Order on Motion for Miscellaneous Relief

May 28, 2020 PACER
26

REPORT AND RECOMMENDATIONS of Magistrate Judge Jacob Hagopian recommending [23-1] motion for Preliminary Injunction be denied ; Motion no longer referred Objections to R and R due by 6/22/01 (Mercurio, A) (Entered: 06/05/2001)

June 5, 2001
13

Letter from Richard Paiva. Docket mailed on 6/8/2020 (Potter, Carrie) (Entered: 06/08/2020)

June 8, 2020 RECAP
28

APPEAL of Magistrate decision to District Court (Mercurio, A) (Entered: 06/08/2001)

June 8, 2001
29

REPORT AND RECOMMENDATIONS of Magistrate Judge Jacob Hagopian Re: [15-1] plaintiff's motion for Summary Judgment should be denied, [4-1] Wall's motion for Summary Judgment should be granted on plaintiff's claims under the First, Fifth, Eighth, Ninth, and Fourteenth Amendments. To extent that plainitff aserts claims based upon Morris rules, such claims should be dismissed without prejudice; Motion no longer referred Objections to R and R due by 8/20/01 (Mercurio, A) (Entered: 08/02/2001)

Aug. 2, 2001

TEXT ORDER: In light of the parties seeking a scheduling order in this mater, and because the motion Is almost 8 months old, the Court is DENYING WITHOUT PREJUDICE, the Motion to Terminate the Consent Order 2, which the State may refile once discovery pursuant to a scheduling order is complete.. So Ordered by Chief Judge John J. McConnell, Jr. on 8/31/2020. (Barletta, Barbara)

Aug. 31, 2020 PACER

NOTICE of Hearing: Telephone Conference set for Thursday, 9/3/2020 at 02:00 PM before Chief Judge John J. McConnell, Jr.; Call in instructions will be provided to counsel of record(Barletta, Barbara)

Aug. 31, 2020 PACER
30

APPEAL of Magistrate decision to District Court (Mercurio, A) (Entered: 08/09/2001)

Aug. 8, 2001
31

RESPONSE by A. T. Wall in opposition to [30-1] Magistrate appeal (Mercurio, A) (Entered: 08/10/2001)

Aug. 10, 2001

Order on Motion for Miscellaneous Relief

Aug. 31, 2020 PACER

Motion(s) referred to Judge Torres: Report & Recommendation on [15-1] motion for Summary Judgment, [4-1] motion for Summary Judgment (FarrellPletcher, P) (Entered: 08/22/2001)

Aug. 22, 2001

Notice of Hearing (Form Attached)

Aug. 31, 2020 PACER

Minute Entry for proceedings held before Chief Judge John J. McConnell, Jr.: Telephone Conference held on 9/3/2020.; Lynette Labinger, Sonja Deyoe, Kathleen Kelly and Michael Grant participated (Barletta, Barbara)

Sept. 3, 2020 PACER
32

ORDER: The Court hereby accepts the R and R of Judge Ernest C. Torres dated 8/2/01 pursuant to 28 USC 686(b)(1) denying [15-1] motion for Summary Judgment, granting [4-1] motion for Summary Judgment , signed by Judge Ernest C. Torres . (FarrellPletcher, P) (Entered: 09/07/2001)

Sept. 7, 2001
33

ORDER denying [15-1] motion for Summary Judgment, granting [4-1] motion for Summary Judgment ( signed by Judge Ernest C. Torres ) (FarrellPletcher, P) (Entered: 09/07/2001)

Sept. 7, 2001

CASE REFERRED to Magistrate Judge Patricia A. Sullivan to conduct a Settlement Conference. (Barletta, Barbara)

Sept. 3, 2020 PACER

TEXT ORDER: Notwithstanding the denial without prejudice of the Motion to Terminate, ECF 2, the stay order entered by this Court, ECF 4, on February 7, 2020, staying the Order contained in the "Memorandum and Order" dated January 28, 2020, (ECF 71) for Defendant, RIDOC, to "reinstate the Morris Rules as its disciplinary policy in their entirety and without modification within thirty days", said stay shall remain in effect until further order of this Court. - So Ordered by Chief Judge John J. McConnell, Jr. on 9/3/2020. (Barletta, Barbara)

Sept. 3, 2020 PACER
34

NOTICE OF APPEAL by Fred E. DeWitt . Appeal record due on 10/22/01 (Mercurio, A) (Entered: 09/24/2001)

Sept. 20, 2001
37

NOTICE OF APPEAL by Fred E. DeWitt . Appeal record due on 10/24/01 (Mercurio, A) (Entered: 09/27/2001)

Sept. 24, 2001

Telephone Conference

Sept. 3, 2020 PACER
35

JUDGMENT for A. T. Wall against Fred E. DeWitt () (Mercurio, A) (Entered: 09/25/2001)

Sept. 25, 2001

Case Referred

Sept. 3, 2020 PACER

Order

Sept. 3, 2020 PACER

Case closed (Mercurio, A) (Entered: 09/26/2001)

Sept. 26, 2001
36

CERTIFICATE of Clerk (Mercurio, A) (Entered: 09/26/2001)

Sept. 26, 2001

NOTICE of Hearing: Telephone Conference set for 9/18/2020 at 09:30 AM before Magistrate Judge Patricia A. Sullivan with counsel of record to discuss scheduling of settlement conference. Dial in information to be emailed to counsel.(Saucier, Martha)

Sept. 9, 2020 PACER

Certified and transmitted record on appeal to U.S. Court of Appeals: [34- 1] appeal; sent original file and certified docket (Mercurio, A) (Entered: 09/26/2001)

Sept. 26, 2001

Notice of Hearing (Form Attached)

Sept. 9, 2020 PACER
14

NOTICE by Particia Coyne-Fague (Grant, Michael) (Entered: 09/14/2020)

Sept. 14, 2020 PACER
38

Transmitted supplemental record on appeal: [37-1] appeal by Fred E. DeWitt; sent second notice of appeal (#37) and certified docket (Mercurio, A) (Entered: 09/27/2001)

Sept. 27, 2001

USCA Case Number Re: [37-1] appeal USCA Number: 01-2367 (Mercurio, A) (Entered: 10/12/2001)

Oct. 12, 2001
15

NOTICE of Appearance by Nicole B. DiLibero on behalf of All Defendants (DiLibero, Nicole) (Entered: 09/16/2020)

Sept. 16, 2020 PACER

Minute Entry for proceedings held before Magistrate Judge Patricia A. Sullivan: Telephone Conference held on 9/18/2020with Attorneys Lynette Labinger, Sonja Deyoe and Kathleen Kelly. (Telephone Conference at 9:30.) (Saucier, Martha)

Sept. 18, 2020 PACER
40

NOTICE of Docketing ROA from USCA Re: [34-1] appeal USCA Number: 01-2358 (Mercurio, A) (Entered: 10/12/2001)

Oct. 12, 2001

CASE REFERRED to Magistrate Judge Patricia A. Sullivan to conduct a Settlement Conference. (Barletta, Barbara)

Sept. 18, 2020 PACER

USCA Case Number Re: [34-1] appeal USCA Number: 01-2358 (Mercurio, A) (Entered: 10/12/2001)

Oct. 12, 2001
41

ORDER re: fee schedule for $105.00 appeal fee (USCA) (Mercurio, A) (Entered: 10/22/2001)

Oct. 19, 2001

NOTICE of Hearing: Telephone Conference set for 11/9/2020 at 09:30 AM before Magistrate Judge Patricia A. Sullivan with counsel of record. Dial-in instructions to be emailed to counsel. Telephone Conference with Magistrate Judge Sullivan to discuss settlement in combination with the mediation of Morris v. Travasano, 69-cv-4192JJM. (Saucier, Martha) Modified on 9/18/2020 (Saucier, Martha). Added text

Sept. 18, 2020 PACER
42

MANDATE OF USCA (certified copy) Re: [34-1] appeal by Fred E. DeWitt dismissing appeal for failure to prosecute in No. 01-2358 (papers retained for No. 01-2367) (Mercurio, A) (Entered: 11/08/2001)

Nov. 8, 2001

Telephone Conference

Sept. 18, 2020 PACER

USCA appeal fees received $ 105.00; Receipt #49274 (Mercurio, A) (Entered: 11/13/2001)

Nov. 13, 2001

Case Referred

Sept. 18, 2020 PACER

Notice of Hearing (Form Attached)

Sept. 18, 2020 PACER
43

ORDER: The Court hereby accepts the R and R of Judge Ernest C. Torres dated June 5, 2001 pursuant to 28 USC 686(b)(1) , signed by Judge Ernest C. Torres . (FarrellPletcher, P) (Entered: 12/03/2001)

Dec. 3, 2001

Minute Entry for proceedings held before Magistrate Judge Patricia A. Sullivan: Telephone Conference held on 11/9/2020 with Attorneys Sonja Deyoe, Lynette Labinger, Michael Field and Kathleen Kelly.(Telephone Conference at 10:00.) (Saucier, Martha)

Nov. 9, 2020 PACER
44

ORDER DENYING PLAINTIFF'S MOTION FOR PRELIMINARY INJUNCTION ( signed by Judge Ernest C. Torres ) (FarrellPletcher, P) (Entered: 12/03/2001)

Dec. 3, 2001
45

Transmitted supplemental record on appeal: Document # 43 & 44 [37-1] appeal by Fred E. DeWitt, [34-1] appeal by Fred E. DeWitt (FarrellPletcher, P) (Entered: 03/20/2002)

March 20, 2002

NOTICE of Hearing: Telephone Conference set for 11/19/2020 at 04:30 PM before Magistrate Judge Patricia A. Sullivan with Defensen counsel and Attorney Brenda Baum only. (Saucier, Martha)

Nov. 9, 2020 PACER
46

Acknowledgment of Receipt of [45-1] supplemental record on appeal (Mercurio, A) (Entered: 03/26/2002)

March 25, 2002

NOTICE of Hearing: VIDEO Settlement Conference set for 12/21/2020 at 02:00 PM before Magistrate Judge Patricia A. Sullivan. Invitation and instructions to video conference to be emailed to counsel of record.(Saucier, Martha)

Nov. 9, 2020 PACER

Telephone Conference

Nov. 9, 2020 PACER
47

Transmitted supplemental record on appeal: [37-1] appeal by Fred E. DeWitt; sent various memoranda of law per request of Donna Barchard and certified docket (Mercurio, A) (Entered: 04/24/2002)

April 24, 2002

Notice of Hearing (Form Attached)

Nov. 9, 2020 PACER
48

Acknowledgment of Receipt of [47-1] supplemental record on appeal (Mercurio, A) (Entered: 05/07/2002)

May 7, 2002
49

SLIP OPINION from USCA, affirming judgment (Mercurio, A) (Entered: 06/25/2002)

June 24, 2002

Minute Entry for proceedings held before Magistrate Judge Patricia A. Sullivan: Telephone Conference held on 11/19/2020 with Attorneys Nicole DiLibero, Brenda Baum, Michael Field and Kathleen Kelly. (Telephone Conference at 4:30.) (Saucier, Martha)

Nov. 19, 2020 PACER

NOTICE of Hearing: Telephone Conference set for 11/24/2020 at 11:30 AM before Magistrate Judge Patricia A. Sullivan with plaintiffs' counsel only. Dial-in instructions emailed to counsel. (Saucier, Martha)

Nov. 20, 2020 PACER

State / Territory: Rhode Island

Case Type(s):

Prison Conditions

Key Dates

Filing Date: Oct. 11, 1969

Case Ongoing: No reason to think so

Plaintiffs

Plaintiff Description:

All prisoners at the Adult Correctional Institution (ACI) in Rhode Island, and a separate sub-class of prisoners in the Behavioral Control Unit (BCU).

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

Rhode Island Adult Correctional Institutions, State

Rhode Island Department of Corrections, State

Defendant Type(s):

Corrections

Case Details

Causes of Action:

42 U.S.C. § 1983

Constitutional Clause(s):

Cruel and Unusual Punishment

Availably Documents:

Trial Court Docket

Injunctive (or Injunctive-like) Relief

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: 1970 - None

Issues

General:

Assault/abuse by staff

Classification / placement

Conditions of confinement

Disciplinary segregation

Racial segregation

Recreation / Exercise

Rehabilitation

Religious programs / policies

Restraints : chemical

Sanitation / living conditions

Discrimination-basis:

Race discrimination

Affected Gender:

Male

Type of Facility:

Government-run