Case: United States v. Hawaii

1:06-cv-00073 | U.S. District Court for the District of Hawaii

Filed Date: Feb. 7, 2006

Closed Date: 2010

Clearinghouse coding complete

Case Summary

On August 16, 2004, the Civil Rights Division of the U.S. Department of Justice (DOJ) began this investigation of the conditions at the Hawaii Youth Correctional Facility ("HYCF") in Kailua, Hawaii, pursuant to the Civil Rights of Institutionalized Persons Act ("CRIPA"), 42 U.S.C. § 1997, and the pattern or practice provision of the Violent Crime Control and Law Enforcement Act of 1994, 42 U.S.C. § 14141 ("Section 14141"). Following an extensive investigation, the DOJ issued its findings lett…

On August 16, 2004, the Civil Rights Division of the U.S. Department of Justice (DOJ) began this investigation of the conditions at the Hawaii Youth Correctional Facility ("HYCF") in Kailua, Hawaii, pursuant to the Civil Rights of Institutionalized Persons Act ("CRIPA"), 42 U.S.C. § 1997, and the pattern or practice provision of the Violent Crime Control and Law Enforcement Act of 1994, 42 U.S.C. § 14141 ("Section 14141"). Following an extensive investigation, the DOJ issued its findings letter on August 4, 2005 in which it detailed the numerous constitutional deficiencies at the HYCF. The findings letter described the HYCF "as existing in a state of chaos" and lacking any policies or procedures to govern the operation of the facility, which created an environment where abuse of youth often went unreported and uninvestigated. The DOJ also found that youth confined at HYCF were subjected to dangerous suicide risks at the facility. Access to mental health and medical care services and required education services were also lacking.

Following the DOJ investigation and findings, the HYCF and various Hawaii state agency officials agreed to implement a series of DOJ recommended reforms at HYCF in the areas of protection from harm, training, and access to medical and mental health care and special education. The reforms were recorded in a Memorandum of Agreement (MOA) that was executed by the parties. The MOA provided that Russell Van Vleet would serve as the Monitor to oversee the three-year remediation process.

On February 7, 2006, the DOJ filed this lawsuit seeking an order to permanently enjoin the the defendants to provide legal and constitutional conditions of care to the detained youth. The same day, the parties filed a Joint Motion for Conditional Dismissal. In the joint motion, the parties requested that the Court enter the Order and place the case on its inactive docket while retaining jurisdiction over the case pursuant to the terms of the Settlement Agreement until it enters a final order dismissing the case with prejudice. The motion was granted by the District Court (Judge Samuel P. King) on February 9, 2006.

The memorandum of agreement was extended for one year to terminate on February 9, 2010, as a mutually binding agreement. The case is closed but docket does not show that a final order was entered on the case.

Summary Authors

Soojin Cha (5/1/2007)

People


Judge(s)

Kobayashi, Leslie Emi (Hawaii)

Seabright, John Michael (Hawaii)

Attorneys(s) for Plaintiff

Becker, Grace Chung (District of Columbia)

Brown Cutlar, Shanetta Y. (District of Columbia)

Chirunga , Lashanda Branch (District of Columbia)

Coon, Laura (District of Columbia)

Gerhart, Sarah H. (District of Columbia)

Kim, Wan J. (District of Columbia)

Kubo, Edward H. (Hawaii)

Preston, Judith (Judy) C. (District of Columbia)

Judge(s)

Kobayashi, Leslie Emi (Hawaii)

Seabright, John Michael (Hawaii)

Attorneys(s) for Plaintiff

Becker, Grace Chung (District of Columbia)

Brown Cutlar, Shanetta Y. (District of Columbia)

Chirunga , Lashanda Branch (District of Columbia)

Coon, Laura (District of Columbia)

Gerhart, Sarah H. (District of Columbia)

Kim, Wan J. (District of Columbia)

Kubo, Edward H. (Hawaii)

Preston, Judith (Judy) C. (District of Columbia)

Schlozman, Bradley (District of Columbia)

Yee, Harry (Hawaii)

Attorneys(s) for Defendant

Bennett, Mark Jeremy (Hawaii)

Ginoza, Lisa M. (Hawaii)

Documents in the Clearinghouse

Document

1:06-cv-00073

Docket (PACER)

Dec. 11, 2008

Dec. 11, 2008

Docket

Investigation of the Hawaii Youth Correctional Facility, Kailua, Hawaii

No Court

Aug. 4, 2005

Aug. 4, 2005

Findings Letter/Report

1:06-cv-00073

Memorandum of Agreement Between the United States and the State of Hawai’i

No Court

Feb. 7, 2006

Feb. 7, 2006

Settlement Agreement
1

1:06-cv-00073

Complaint

Feb. 7, 2006

Feb. 7, 2006

Complaint
11

1:06-cv-00073

One Year Extension of the Memorandum of Agreement

Dec. 11, 2008

Dec. 11, 2008

Settlement Agreement

Resources

Docket

Last updated Aug. 28, 2022, 3:07 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT; summons against State of Hawaii, The, Linda Lingle, Lillian B. Koller, Sharon Agnew, Patricia Hamamoto, Kaleve Tufono−Iosefa (Filing fee $ 250−waived), filed by United States of America.(bbb, ) Additional attachment(s) added on 2/7/2006 (bbb, ). (Entered: 02/07/2006)

Feb. 7, 2006

Feb. 7, 2006

2

Order Setting Rule 16 Scheduling Conference for 09:00AM on 5/8/2006 before JUDGE LESLIE E KOBAYASHI. (bbb, ) (Entered: 02/07/2006)

Feb. 7, 2006

Feb. 7, 2006

3

MOTION to Dismiss Joint Motion for Conditional Dismissal Pursuant to Rule 41(a)(2) of the Federal Rules of Civil Procedure; Exhibit "A" by United States of America. (Attachments: # 1 Exhibit A)(Yee, Harry) (Entered: 02/07/2006)

Feb. 7, 2006

Feb. 7, 2006

4

NOTICE of Hearing on Motion− 3 MOTION to Dismiss Joint Motion for Conditional Dismissal Pursuant to Rule 41(a)(2) of the Federal Rules of Civil Procedure set for hearing on 4/12/2006 10:00 AM before JUDGE SAMUEL P KING. (lls, ) (Entered: 02/08/2006)

Feb. 8, 2006

Feb. 8, 2006

5

NOTICE of Hearing on Motion 3 −MOTION to Dismiss Joint Motion for Conditional Dismissal Pursuant to Rule 41(a)(2) of the Federal Rules of Civil Procedure set for hearing 2/9/2006 10:00 AM before JUDGE SAMUEL P KING. (lls, ) (Entered: 02/08/2006)

Feb. 8, 2006

Feb. 8, 2006

6

EP:Motion Hearing held on 2/9/2006 Re 3 MOTION to Dismiss Joint Motion for Conditional Dismissal Pursuant to Rule 41(a)(2) of the Federal Rules of Civil Procedure filed by United States of America−Motion is Granted. Court to prepare the Order.(Plaintiff's Counsel−Judy Preston−By Phone and Harry Yee−present and Defendants' Counsel−Mark Bennett and Lisa Ginoza−present) (Court Reporter Debra Chun.) (Judge SAMUEL P KING )(lls, ) (Entered: 02/09/2006)

Feb. 9, 2006

Feb. 9, 2006

7

ORDER granting 3 JOINT MOTION for conditional Dismissal. Signed by Judge SAMUEL P KING on 02/09/2006. (bbb, ) (Entered: 02/09/2006)

Feb. 9, 2006

Feb. 9, 2006

COURT'S CERTIFICATE of Service − a copy of 7 Order has been served by First Class Mail to the addresses of record on Hand Delivered to: Lashanda Branch Chirunga and Sarah H. Gerhart. Registered Participants of CM/ECF received the document electronically at the e−mail address listed on the Notice of Electronic Filing (NEF). (bbb, ) (Entered: 02/09/2006)

Feb. 9, 2006

Feb. 9, 2006

COURT'S CERTIFICATE of Service − a copy of 7 Order has been served by First Class Mail to the addresses of record to: Mark J. Bennett, Esq. and Lisa Ginoza, Esq.. Registered Participants of CM/ECF received the document electronically at the e−mail address listed on the Notice of Electronic Filing (NEF). (bbb, ) (Entered: 02/10/2006)

Feb. 9, 2006

Feb. 9, 2006

8

TRANSCRIPT of Proceedings Status Conference regarding Conditional Dismissal held on 2/9/2006 before Judge Samuel P. King. Court Reporter: Debra Chun. (dc@hid.uscourts.gov) (Entered: 02/14/2006)

Feb. 14, 2006

Feb. 14, 2006

9

ORDER REASSIGNING CASE. Case reassigned to Judge J. MICHAEL SEABRIGHT for all further proceedings. Judge SAMUEL P KING no longer assigned to case. All further proceedings should reflect case # CV 06−00073JMS−LEK. Signed by Judge HELEN GILLMOR on 02/28/2006. (bbb, ) (Entered: 03/01/2006)

March 1, 2006

March 1, 2006

COURT'S CERTIFICATE of Service − a copy of 9 "Order Reassigning Case" has been served by First Class Mail to the addresses of record on 03/01/2006. Registered Participants of CM/ECF received the document electronically at the e−mail address listed on the Notice of Electronic Filing (NEF). (cc: SPK, JMS, LEK, LS, DM, WN). (bbb, ) (Entered: 03/01/2006)

March 1, 2006

March 1, 2006

10

NOTICE of Appearance by Laura L. Coon on behalf of United States of America on behalf of United States of America. (Coon, Laura) (Entered: 12/09/2008)

Dec. 9, 2008

Dec. 9, 2008

11

NOTICE by United States of America re 7 Order, 1 Complaint, Extension of Settlement Agreement United States of America. (Coon, Laura) (Entered: 12/11/2008)

Dec. 11, 2008

Dec. 11, 2008

Case Details

State / Territory: Hawaii

Case Type(s):

Juvenile Institution

Special Collection(s):

Multi-LexSum (in sample)

Key Dates

Filing Date: Feb. 7, 2006

Closing Date: 2010

Case Ongoing: No

Plaintiffs

Plaintiff Description:

U.S. Department of Justice

Attorney Organizations:

U.S. Dept. of Justice Civil Rights Division

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Hawaii Departmen of Human Services, State

Hawaii Youth Correctional Facility, State

Hawaii Department of Education, State

Hawaii Office of Youth Services, State

Case Details

Causes of Action:

Civil Rights of Institutionalized Persons Act (CRIPA), 42 U.S.C. § 1997 et seq.

Indv. w/ Disab. Educ. Act (IDEA), Educ. of All Handcpd. Children Act , 20 U.S.C. § 1400

Violent Crime and Law Enforcement Act, 34 U.S.C. § 12601 (previously 42 U.S.C. § 14141)

Availably Documents:

Trial Court Docket

Complaint (any)

Injunctive (or Injunctive-like) Relief

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Source of Relief:

Settlement

Form of Settlement:

Private Settlement Agreement

Voluntary Dismissal

Order Duration: 2006 - 2010

Issues

General:

Assault/abuse by staff

Confinement/isolation

Disciplinary procedures

Disciplinary segregation

Education

Personal injury

Sanitation / living conditions

Special education

Staff (number, training, qualifications, wages)

Suicide prevention

Totality of conditions

Affected Gender:

Female

Male

Medical/Mental Health:

Medical care, general

Mental health care, general

Type of Facility:

Government-run