Case: U.S. v. State of Hawaii [Oahu Correctional Center]

1:08-cv-00585 | U.S. District Court for the District of Hawaii

Filed Date: Dec. 29, 2008

Closed Date: 2015

Clearinghouse coding complete

Case Summary

On June 16, 2005, the Civil Rights Division of the U.S. Department of Justice, acting pursuant to the Civil Rights of Institutionalized Persons Act (CRIPA), 42 U.S.C. § 1997, commenced an investigation into mental health care conditions and practices at the Oahu Community Correctional Center in Honolulu, Hawaii. Based on its investigation, the DOJ concluded that the conditions and practices at the Jail violated the constitutional rights of convicted inmates and pre-trial detainees. By letter d…

On June 16, 2005, the Civil Rights Division of the U.S. Department of Justice, acting pursuant to the Civil Rights of Institutionalized Persons Act (CRIPA), 42 U.S.C. § 1997, commenced an investigation into mental health care conditions and practices at the Oahu Community Correctional Center in Honolulu, Hawaii.

Based on its investigation, the DOJ concluded that the conditions and practices at the Jail violated the constitutional rights of convicted inmates and pre-trial detainees. By letter dated March 14, 2007, the DOJ advised the Hawaii Department of Public Safety of minimum measures it should implement in order to remedy the unconstitutional practices. The recommended reforms included the following: (1) ending the practice of "therapeutic lockdown;" (2) providing adequate treatment or therapy programs and services; (3) monitoring inmates, including those on suicide watch; (4) employing sufficient mental health staff and clinical structures to care adequately for detainees; (5) overhauling policies, procedures, and quality assurance structures aimed at directing the delivery of mental health services; and (6) implementing proper discharge planning.

On December 29, 2008, the DOJ filed a lawsuit under CRIPA against Hawaii, the Department of Public Safety, and the Jail in the U.S. District Court for the District of Hawaii. The next day, the parties settled and Judge J. Michael Seabright granted the parties' joint motion for conditional dismissal. The settlement agreement appointed a monitor to address seclusion and restraints, the administration of psychotropic medications, mental health screening, individualized treatment planning, mental health programming, professional staffing levels, specialized training, maintaining quality assurance, and suicide prevention, and gave the defendants thirty months to comply.

By June 29, 2013, both parties agreed that the state had achieved substantial compliance with the Settlement Agreement provisions in each area except suicide. Judge Seabright extended the November 29, 2013 expiration date of the December 29, 2008 Settlement Agreement until December 13, 2013 (or until the court orders

otherwise).

On December 10, 2013, the court ordered the amended settlement agreement and appointed a monitor. The plan was officially entered on the docket in April of 2014.

On June 25, 2015, the Court granted a joint motion to dismiss by both parties. The state of Hawaii and the Oahu correctional facility was found to have complied with the settlement.

Summary Authors

Dan Dalton (2/4/2008)

Jessica Kincaid (4/18/2015)

Brent Winslow (10/25/2016)

People


Judge(s)

Chang, Kevin S.C. (Hawaii)

Seabright, John Michael (Hawaii)

Attorneys(s) for Plaintiff

Becker, Grace Chung (District of Columbia)

Brown Cutlar, Shanetta Y. (District of Columbia)

Coon, Laura (District of Columbia)

Deerinwater, Verlin Hughes (District of Columbia)

Fleisher, Aaron S (District of Columbia)

Gregg, Tammie (District of Columbia)

Helper, Thomas A. (Hawaii)

Kubo, Edward H. (Hawaii)

Judge(s)

Chang, Kevin S.C. (Hawaii)

Seabright, John Michael (Hawaii)

Attorneys(s) for Plaintiff

Becker, Grace Chung (District of Columbia)

Brown Cutlar, Shanetta Y. (District of Columbia)

Coon, Laura (District of Columbia)

Deerinwater, Verlin Hughes (District of Columbia)

Fleisher, Aaron S (District of Columbia)

Gregg, Tammie (District of Columbia)

Helper, Thomas A. (Hawaii)

Kubo, Edward H. (Hawaii)

Mukasey, Michael B. (New York)

Nolan, William E. (District of Columbia)

Tong, Lawrence L. (Hawaii)

Attorneys(s) for Defendant

AuCoin, Paul M. (Ohio)

Austin, Roy L. (District of Columbia)

Bennett, Mark Jeremy (Hawaii)

Ginoza, Lisa M. (Hawaii)

Hong, Renee R. Sonobe (Hawaii)

Louie, David M. (Hawaii)

Samuels, Jocelyn (District of Columbia)

Smith, Jonathan Mark (District of Columbia)

Stacey, Richard W. (Hawaii)

Taira, Diane K. (Hawaii)

Other Attorney(s)

Kim, Wan J. (District of Columbia)

Documents in the Clearinghouse

Document

Docket

DOJ Investigation: Oahu Community Correctional Center (OCCC)

July 1, 2015 Docket

Re: Oahu Community Correctional Center

DOJ Investigation: Oahu Community Correctional Center (OCCC)

No Court

March 14, 2007 Findings Letter/Report
68

Joint Motion to Dismiss with Prejudice

U.S. v. State of Hawaii

Dec. 29, 2008 Order/Opinion
1

Complaint

U.S. v. Hawaii

Dec. 29, 2008 Complaint

SETTLEMENT AGREEMENT BETWEEN THE UNITED STATES AND THE STATE OF HAWAII

United States v. Hawaii

Dec. 29, 2008 Settlement Agreement
19-1

Correction Action Plan

DOJ Investigation: Oahu Community Correctional Center (OCCC)

Nov. 1, 2013 Settlement Agreement
19

Joint Submission of Corrective Action Plan

DOJ Investigation: Oahu Community Correctional Center (OCCC)

Nov. 1, 2013 Settlement Agreement
27

Order entering Corrective Action Plan as Order of the Court and Modification of Rule 41(a)(1) Settlement Agreement

United States v. Hawaii

Dec. 10, 2013 Order/Opinion
27

Order Entering Corrective Action Plan As Order of the Court and Modification of Rule 41(A)(1) Settlement Agreement

United States v. Hawaii

Dec. 10, 2013 Settlement Agreement
35

Stipulated Amended Corrective Action Plan; Order; Exhibit A

United States v. State of Hawaii

April 16, 2014 Settlement Agreement

Docket

Last updated May 11, 2022, 8 p.m.

ECF Number Description Date Link
1

COMPLAINT against all defendants, filed by United States of America. (Attachments: # 1 Certificate of the Attorney General, # 2 Civil Cover Sheet)(gls, ) (Entered: 12/30/2008)

Dec. 29, 2008
2

Order Setting Rule 16 Scheduling Conference for 09:00AM on 3/30/2009 before JUDGE KEVIN S.C. CHANG.. Signed by JUDGE HELEN GILLMOR on 12/29/08. (gls, ) (Entered: 12/30/2008)

Dec. 29, 2008
4

CERTIFICATE OF SERVICE by United States of America (gls, ) (Entered: 12/30/2008)

Dec. 29, 2008
5

ORDER Granting Joint Motion for Conditional Dismissal 3 . Signed by JUDGE J. MICHAEL SEABRIGHT on 12/30/08. (gls, ) (Entered: 12/30/2008)

Dec. 30, 2008

COURT'S CERTIFICATE of Service − a copy of 5 Order on Motion to Dismiss has been served on: 12/30/08. Registered Participants of CM/ECF received the document electronically at the e−mail address listed on the Notice of Electronic Filing (NEF). (gls, ) (Entered: 12/30/2008)

Dec. 30, 2008
6

Joint MOTION For Extension of Conditional Dismissal Diane K. Taira appearing for Defendant State of Hawaii (Attachments: # 1 Compliance Plan, # 2 Proposed Order)(gls, ) (Entered: 06/20/2012)

June 19, 2012
7

ORDER Granting 6 Joint Motion For Extension of Conditional Dismissal. Signed by JUDGE J. MICHAEL SEABRIGHT on 6/25/12. (gls, ) CERTIFICATE OF SERVICE Participants registered to receive electronic notifications received this document electronically at the e−mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry (Entered: 06/26/2012)

June 25, 2012
8

Second Joint MOTION For Second Extension of Conditional Dismissal Diane K. Taira appearing for Defendant State of Hawaii (gls, ) (Entered: 06/25/2013)

June 24, 2013
10

Letter from Defense Counsel to Judge Seabright in re Second Joint Motion for Second Extension of Conditional Dismissal (gls, ) (Entered: 06/25/2013)

June 25, 2013
11

ORDER GRANTING SECOND JOINT MOTION FOR SECOND EXTENSION OF CONDITIONAL DISMISSAL re 8 . Signed by JUDGE J. MICHAEL SEABRIGHT on 6/25/13. (gls, ) CERTIFICATE OF SERVICE Participants registered to receive electronic notifications received this document electronically at the e−mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry (Entered: 06/26/2013)

June 25, 2013
13

Ex Parte Motion and Order For Third Extension of Conditional Dismissal Pursuant to Rule 41(a)(1) of the Federal Rules of Civil Procedure. Signed by JUDGE J. MICHAEL SEABRIGHT on 8/27/13. (gls, ) CERTIFICATE OF SERVICE Participants registered to receive electronic notifications received this document electronically at the e−mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry (Entered: 08/28/2013)

Aug. 28, 2013
15

Ex Parte MOTION for Fourth Extension of Conditional Dismissal Pursuant to Rule 41(a)(1) of the Federal Rules of Civil Procedure − Diane K. Taira appearing for Defendants Nolan Espinda, Clayton Frank, Linda Lingle, State of Hawaii (Attachments: # 1 Declaration of Diane T. Taira, # 2 (Proposed) Order Granting Ex Parte Motion)(emt, ) (Entered: 09/20/2013)

Sept. 20, 2013
16

ORDER GRANTING EX PARTE MOTION FOR FOURTH EXTENSION OF CONDITIONAL DISMISSAL re 15 − Signed by JUDGE J. MICHAEL SEABRIGHT on 9/20/13. " The Court's conditional dismissal of this lawsuit without prejudice is continued until October 11, 2013, during which time the Parties, will document, obtain approvals, and file with this Court their amended Corrective Action Plan addressing outstanding concerns at the Oahu Community Correctional Center." (emt, ) CERTIFICATE OF SERVICE Participants registered to receive electronic notifications received this document electronically at the e−mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry (Entered: 09/20/2013)

Sept. 20, 2013
17

Ex Parte MOTION For A Stay of Deadline Imposed by Order Granting Ex Parte Motion For Fourth Extension of Conditional Dismissal Diane K. Taira appearing for Defendant State of Hawaii (gls, ) (Entered: 10/15/2013)

Oct. 11, 2013
18

ORDER GRANTING DEFENDANT STATE OF HAWAII'S EX PARTE MOTION FOR A STAY OF DEADLINE IMPOSED BY ORDER GRANTING EX PARTE MOTION FOR FOURTH EXTENSION OF CONDITIONAL DISMISSAL re 17 . Signed by JUDGE J. MICHAEL SEABRIGHT on 10/11/13. (gls, ) CERTIFICATE OF SERVICE Participants registered to receive electronic notifications received this document electronically at the e−mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry (Entered: 10/15/2013)

Oct. 15, 2013
19

Joint Submission of Corrective Action Plan; Joint MOTION for Modification of Rule 41(a)(1) Settlement Agreement − Diane K. Taira appearing for Defendants Nolan Espinda, Clayton Frank, Linda Lingle, State of Hawaii (Attachments: # 1 Correction Action Plan, # 2 Proposed Order)(emt, ) (Entered: 11/04/2013)

Nov. 1, 2013
21

EO: The court has reviewed the Joint Submission of Correction Action Plan and Joint Motion for Modification of Rule 41(a)(1) Settlement Agreement, filed on November 1, 2013. Doc. No. 19 . The court is not inclined to approve the request for an open−ended deadline for a dismissal with prejudice, and the parties are encouraged to discuss other options such as revising the December 29, 2008 Settlement Agreement's termination provisions so as to establish an appropriate, realistic deadline for achieving compliance with a proposed Corrective Action Plan regarding suicide prevention. To the extent necessary, the court hereby EXTENDS the apparent November 4, 2013 expiration date of the December 29, 2008 Settlement Agreement until November 29, 2013 or until the court orders otherwise. (JUDGE J. MICHAEL SEABRIGHT)(apg, ) CERTIFICATE OF SERVICE Participants registered to receive electronic notifications received this document electronically at the e−mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry (Entered: 11/04/2013)

Nov. 4, 2013
22

Letter dated November 1, 2013 from Diane K. Taira, Esq. addressed to U.S. District Judge J. Michael Seabright. Letter re: Joint Submission of Corrective Action Plan re: 19 . (afc) (Entered: 11/07/2013)

Nov. 4, 2013
23

EO: At the request of ocunsel, Status Conference set for 11/22/2013 03:30 PM before JUDGE J. MICHAEL SEABRIGHT. (JUDGE J. MICHAEL SEABRIGHT)(apg, ) CERTIFICATE OF SERVICE Participants registered to receive electronic notifications received this document electronically at the e−mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry (Entered: 11/19/2013)

Nov. 19, 2013
24

Letter dated November 18, 2013 from Diane K. Taira, Esq. addressed to U.S. District Judge J. Michael Seabright. Letter requesting telephone status conference. Cross−reference minute order, doc no. (23). (afc) (Entered: 11/19/2013)

Nov. 19, 2013
25

EP: Status Conference held in chambers. As agreed to by the parties, the court EXTENDS the November 29, 2013 expiration date of the December 29, 2008 Settlement Agreement until December 13, 2013 (or until the court orders otherwise). By December 10, 2013, the parties are to provide the court with a modified proposal for a Corrective Action Plan regarding the remaining issues discussed during the status conference. (Court Reporter Cynthia Fazio.) (JUDGE J. MICHAEL SEABRIGHT)(apg, ) CERTIFICATE OF SERVICE Participants registered to receive electronic notifications received this document electronically at the e−mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry (Entered: 11/25/2013)

Nov. 22, 2013
26

NOTICE by United States of America United States of America's Notice of Substitution of Counsel; Certificate of Service United States of America. (Helper, Thomas) (Entered: 11/26/2013)

Nov. 26, 2013
27

ORDER ENTERING CORRECTIVE ACTION PLAN AS ORDER OF THE COURT AND APPOINTING MONITOR AND MODIFICATION OF RULE 41(A)(1) SETTLEMENT AGREEMENT re: 19 . Signed by JUDGE J. MICHAEL SEABRIGHT on 12/10/2013. Excerpt of Order: ~ "[T]he Court ORDERS that: 1) This matter is removed from the Court's inactive docket and placed on its active docket; 2) The Corrective Action Plan attached to the Parties' Submission of Corrective Action Plan is hereby entered as an Order of the Court, and is the operative remedial agreement in this matter; 3) Defendants shall comply with all terms of the Corrective Action Plan by June 30, 2014, upon which date the case will be dismissed if compliance is achieved. 4) If compliance is not anticipated to be achieved by June 1, 2014, at least 30 days prior to that date, the Parties will meet and confer to seek appropriate measures and timetables to bring Defendants into compliance with the Court orders. Such measures and timetables shall be submitted to the Court for its approval. 5) Section IV [paragraphs] 44−52 (concerning the Monitor) of the December 29, 2008, Settlement Agreement are dismissed; 6) Section V (Termination) of the December 29, 2008, Settlement Agreement is dismissed; 7) Further, Mr. Lindsay Hayes is accepted by the Court as the Monitor to the parties. His costs will be borne by the State...." (afc) CERTIFICATE OF SERVICE Participants registered to receive electronic notifications received this document electronically at the e−mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications will be served by first class mail on December 11, 2013. A SEPARATE COURT'S CERTIFICATE OF SERVICE WILL BE ENTERED FOR SERVICE UPON MR. LINDSAY HAYES. (Entered: 12/10/2013)

Dec. 10, 2013

COURT'S CERTIFICATE of Service − a copy of 27 the "ORDER ENTERING CORRECTIVE ACTION PLAN AS ORDER OF THE COURT AND APPOINTING MONITOR AND MODIFICATION OF RULE 41(a)(1) SETTLEMENT AGREEMENT" has been served this date by first class mail addressed to the court appointed Monitor: Mr. Lindsay M. Hayes, Project Director−National Center on Institutions &Alternatives, 40 Lantern Lane, Mansfield, MA 02048. (afc) (Entered: 12/11/2013)

Dec. 11, 2013
28

EO: Status Conference set for 4/7/2014 11:00 AM before JUDGE J. MICHAEL SEABRIGHT. Parties shall contact Alison, Courtroom Manager at ag@hid.uscourts.gov to provide contact information for those participating by telephone at this conference. (JUDGE J. MICHAEL SEABRIGHT)(apg, ) CERTIFICATE OF SERVICE Participants registered to receive electronic notifications received this document electronically at the e−mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry (Entered: 04/01/2014)

April 1, 2014
29

Letter dated 3/31/2014 from Diane K. Taira, Esq., Deputy State Attorney General, addressed to Judge J. Michael Seabright. Letter in re USDOJ request for status conference re: compliance measures. (afc) (Entered: 04/01/2014)

April 1, 2014
30

EO: At the request of counsel, Status Conference set for 4/7/2014 is continued to 4/14/2014 02:15 PM before JUDGE J. MICHAEL SEABRIGHT. (JUDGE J. MICHAEL SEABRIGHT)(apg, ) CERTIFICATE OF SERVICE Participants registered to receive electronic notifications received this document electronically at the e−mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry (Entered: 04/01/2014)

April 1, 2014
33

EP: Status Conference held on 4/14/2014. Paul Aucoin, Verlin Deerinwater, Laura Coon and Lindsay Hays, participating by telephone. Discussion held. Counsel to prepare and submit a short order regarding todays discussions to seabright_orders@hid.uscourts.gov. (JUDGE J. MICHAEL SEABRIGHT)(apg, ) CERTIFICATE OF SERVICE Participants registered to receive electronic notifications received this document electronically at the e−mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry (Entered: 04/15/2014)

April 14, 2014
34

EP: Status Conference held on 4/14/2014. Paul Aucoin, Verlin Deerinwater, Laura Coon and Lindsay Hays, participating by telephone.Discussion held.Counsel to prepare and submit a short order regarding todays discussions to seabright_orders@hid.uscourts.gov. (Court Reporter no record.) (JUDGE J. MICHAEL SEABRIGHT)(apg, ) DUPLICATE ENTRY, ENTERED IN ERROR, PLEASE DISREGARD CERTIFICATE OF SERVICE Participants registered to receive electronic notifications received this document electronically at the e−mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry Modified on 4/15/2014 (apg, ). (Entered: 04/15/2014)

April 14, 2014
31

EO: Status Conference set for 4/18/2014 09:00 AM before JUDGE KEVIN S.C. CHANG. Mainland counsel and Monitor may participate by phone and should contact Shari at 808−541−3091 with a contact phone number. The Deputy Attorney General should appear in person. (JUDGE KEVIN S.C. CHANG)(sna, ) CERTIFICATE OF SERVICE Participants registered to receive electronic notifications received this document electronically at the e−mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry (Entered: 04/15/2014)

April 15, 2014
32

EO: Status Conference set 4/18/14 shall be moved to 4/17/2014 09:00 AM before JUDGE KEVIN S.C. CHANG. Mainland counsel and Monitor may participate by phone and should contact Shari at 808−541−3091 with a contact phone number. The Deputy Attorney General should appear in person. (JUDGE KEVIN S.C. CHANG)(sna, ) CERTIFICATE OF SERVICE Participants registered to receive electronic notifications received this document electronically at the e−mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry (Entered: 04/15/2014)

April 15, 2014
35

STIPULATED AMENDED CORRECTIVE ACTION PLAN; ORDER; EXHIBIT A. Signed by JUDGE J. MICHAEL SEABRIGHT on 4/16/2014. (Attachments: # 1 Exhibit A) (afc) CERTIFICATE OF SERVICE Participants registered to receive electronic notifications received this document electronically at the e−mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry (Entered: 04/16/2014)

April 16, 2014
36

ORDER REGARDING STATUS CONFERENCE SCHEDULING. Signed by JUDGE J. MICHAEL SEABRIGHT on 4/16/2014. Excerpt of Order: "The Parties are to engage, with the assistance of United States Magistrate Judge Kevin S.C. Chang, in bi−weekly status conferences...." "The Monitor in this case, Lindsay Hayes, shall also be a participant in the status conferences...." (afc) CERTIFICATE OF SERVICE Participants registered to receive electronic notifications received this document electronically at the e−mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry (Entered: 04/16/2014)

April 16, 2014
37

EP: Status Conference held on 4/17/2014. Monitor Lindsay Hayes present by phone. Discussion held. Counsel to confer further regarding scheduling bi−weekly Status Conferences. Ms. Taira to work with Judge Chang's courtroom manager regarding scheduling of the bi−weekly conferences. (In Chambers − no record, 9:02−9:25am.) (JUDGE KEVIN S.C. CHANG)(sna, ) No COS issued for this docket entry (Entered: 04/17/2014)

April 17, 2014
38

EO: re 37 Status Conference set before Judge Chang: 5/6/14 at 9:15am 5/15/14 at 9:00am 5/29/14 at 9:00am 6/12/14 at 2:00pm 6/26/14 at 9:00am 7/10/14 at 9:00am 7/24/14 at 9:00am Diane Taira has confirmed that dates and times are good for now with all parties. (JUDGE KEVIN S.C. CHANG)(sna, ) No COS issued for this docket entry (Entered: 04/30/2014)

April 30, 2014
39

EP: Status Conference held on 5/6/2014. (Court Reporter In Chambers−No Record) (JUDGE KEVIN S.C. CHANG)(wnn, ) CERTIFICATE OF SERVICE Participants registered to receive electronic notifications received this document electronically at the e−mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry (Entered: 05/06/2014)

May 6, 2014
40

EP: Status Conference held on 5/15/2014. Present: Director Ted Sakai, OCCC Warden Francis Sequeira, OCCC Chief of Security Denise Johnston. Monitor Lindsay Hayes present by phone. Ms. Taira provided the Court with a copy of an Exhibit previously provided to all counsel and the Monitor. Discussion held. Targeted deadline to close this action is December 31, 2014. Further Status Conference set 5/29/14 at 9:00am before Judge Chang. (In Chambers − no record, 9:20−9:40am.) (JUDGE KEVIN S.C. CHANG)(sna, ) No COS issued for this docket entry (Entered: 05/15/2014)

May 15, 2014
41

EP: Further Status Conference held on 5/29/2014. Monitor Lindsay Hayes present by phone. Discussion held regarding the May 29, 2014 Summary and Action Items chart. Further Status Conference set 6/12/14 at 2:00pm before Judge Chang. (In Chambers − no record, 9:07−9:17am.) (JUDGE KEVIN S.C. CHANG)(sna, ) No COS issued for this docket entry (Entered: 05/29/2014)

May 29, 2014
42

EP: Further Status Conference held on 6/12/2014. Monitor Lindsay Hayes present by phone. Counsel updated the Court. Further Status Conference set 6/26/14 at 9:00am before Judge Chang.(In Chambers − no record, 2:30−2:35pm.) (JUDGE KEVIN S.C. CHANG)(sna, ) No COS issued for this docket entry (Entered: 06/12/2014)

June 12, 2014
43

EP: Further Status Conference held on 6/26/2014. Monitor Lindsay Hayes present by phone. Counsel updated the Court. Further Status Conference set 7/10/14 at 9:00am before Judge Chang.(In Chambers − no record, 9:00−9:10am.) (JUDGE KEVIN S.C. CHANG)(sna, ) No COS issued for this docket entry (Entered: 06/26/2014)

June 26, 2014
44

EP: Further Status Conference held on 7/10/2014. Monitor Lindsay Hayes present by phone. Counsel updated the Court. Further Status Conference set 7/24/14 at 9:00am before Judge Chang.(In Chambers − no record, 9:00−9:10am.) (JUDGE

July 10, 2014
46

EP: Further Status Conference held on 7/24/2014. Monitor Lindsay Hayes present by phone. Counsel updated the Court. Further Status Conference set 8/7/14 at 9:00am before Judge Chang. (In Chambers − no record, 9:15−9:45am.) (JUDGE KEVIN S.C. CHANG)(sna, ) No COS issued for this docket entry (Entered: 07/24/2014)

July 24, 2014
47

EP: Further Status Conference held on 8/7/2014. Monitor Lindsay Hayes present. Discussion held regarding the Summary and Action Items chart dated 8/7/14. Counsel updated the Court. Further Status Conference set 8/21/14 at 9:00am before Judge Chang. (In Chambers − no record, 9:05−9:25am.) (JUDGE KEVIN S.C. CHANG)(sna, ) No COS issued for this docket entry (Entered: 08/07/2014)

Aug. 7, 2014
48

EP: Further Status Conference hearing held on 08/22/2014. Discussion held. Further Status Conference is set for 09/11/2014 at 9:00 a.m. before JUDGE KEVIN S.C. CHANG. (FTR−Ctrm In Chambers − No Record / 9:10 − 9:20.) (JUDGE KEVIN S.C. CHANG)(bbb) CERTIFICATE OF SERVICE Participants registered to receive electronic notifications received this document electronically at the e−mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry (Entered: 08/22/2014)

Aug. 22, 2014
49

EP: Further Status Conference held on 9/11/2014. Monitor Lindsay Hayes present by phone. Discussion held regarding the 9/11/14 Status Conference Summary and Action Items chart. Counsel updated the Court. Further Status Conference set 9/25/14 at 9:00am before Judge Chang.(In Chambers − no record, 9:10−9:15am.) (JUDGE KEVIN S.C. CHANG)(sna, ) No COS issued for this docket entry (Entered: 09/11/2014)

Sept. 11, 2014
50

NOTICE of Appearance by Aaron Fleisher on behalf of United States of America on behalf of United States of America. (Fleisher, Aaron) (Entered: 09/12/2014)

Sept. 12, 2014
51

EP: Further Status Conference held on 9/25/2014. Discussion held regarding 1) Monitor's Report for September 25, 2014 Status Conference Summary and Action Items, and 2) Review of CAP Provisions (August 2014 Data). Counsel updated the Court. Court to check with Judge Seabright's staff regarding availability for a hearing the week of 1/5/15 or 1/12/15. Further Status Conference set 10/9/14 at 9:00am before Judge Chang.(In Chambers − no record, 9:00−9:15am.) (JUDGE KEVIN S.C. CHANG)(sna, ) No COS issued for this docket entry (Entered: 09/25/2014)

Sept. 25, 2014
52

EP: Further Status Conference held on 10/9/2014. Monitor Lindsay Hayes present by phone. Counsel updated the Court. Counsel to check their respective calendars as to availability for a hearing before Judge Seabright for one of the following dates: 1/6/15, 10:00am or 11:00am; 1/7/15, 9:00am, 10:00am or 11:00am; 1/8/15, 9:00am, 10:00am or 11:00am; 1/9/15, 9:00am, 10:00am or 11:00am. Further Status Conference set: 10/23/14 at 9:00am before Judge Chang. (In Chambers − no record, 9:00−9:10am.) (JUDGE KEVIN S.C. CHANG)(sna, ) No COS issued for this docket entry (Entered: 10/09/2014)

Oct. 9, 2014
53

EO: re 52 AMENDED MINUTES: Minutes amended to reflect that Diane Taira appeared in person and not by phone. (JUDGE KEVIN S.C. CHANG)(sna, ) No COS issued for this docket entry (Entered: 10/09/2014)

Oct. 9, 2014
54

EP: Further Status Conference held on 10/9/2014. Monitor Lindsay Hayes present by phone. Counsel updated the Court. Courtroom Manager Shari Afuso to contact Counsel with new status conference date. (In chambers − no record, 905a−915a) (JUDGE KEVIN S.C. CHANG)(tl, ) No COS issued for this docket entry (Entered: 10/23/2014)

Oct. 23, 2014
55

EO: Further Status Conference set for 11/13/2014 09:00 AM before JUDGE KEVIN S.C. CHANG. (JUDGE KEVIN S.C. CHANG)(sna, ) CERTIFICATE OF SERVICE Participants registered to receive electronic notifications received this document electronically at the e−mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry (Entered: 10/24/2014)

Oct. 24, 2014
56

EP: Further Status Conference held on 11/13/2014. Counsel updated the Court. Discussion held regarding the November 13, 2014 Status Conference Summary and Action Items. Further Status Conference set 11/25/14 at 9:15am before Judge Chang. (In Chambers − no record, 9:00−9:15am.) (JUDGE KEVIN S.C. CHANG)(sna, ) No COS issued for this docket entry (Entered: 11/13/2014)

Nov. 13, 2014
57

EP: Further Status Conference held on 11/25/2014. Monitor Lindsay Hayes present by phone. Counsel updated the Court. Discussion held regarding the November 25, 2014 Status Conference Summary and Action Items. Counsel to confer further. Mr. Hayes to submit a report to the Court by the first week of January with a hearing thereafter before Judge Seabright in late January/early February. Further Status Conference set 12/18/14 at 9:00am before Judge Chang. (In Chambers − no record, 9:15−9:40am.) (JUDGE KEVIN S.C. CHANG)(sna, ) No COS issued for this docket entry (Entered: 11/25/2014)

Nov. 25, 2014
58

EP: Further Status Conference held on 12/18/2014. Counsel updated the Court. Discussion held regarding the December 18, 2014 Status Conference Summary and Action Items. Court agreeable to continuing the hearing before Judge Seabright for a few months from the tentative date of late January/early February 2015. Further Status Conference set 1/15/15 at 9:00am before Judge Chang. (In Chambers − no record, 9:00−9:20am.) (JUDGE KEVIN S.C. CHANG)(sna, ) No COS issued for this docket entry (Entered: 12/18/2014)

Dec. 18, 2014
59

EP: Further Status Conference held on 1/15/2015. Monitor Lindsay Hayes present by phone. Counsel updated the Court. Discussion held regarding the January 15, 2015 Status Conference Summary and Action Items. Further Status Conference set 1/29/15 at 9:00am before Judge Chang. (C5 − no record, 9:00−9:15am.) (JUDGE KEVIN S.C. CHANG)(sna, ) No COS issued for this docket entry (Entered: 01/15/2015)

Jan. 15, 2015
60

EP: Further Status Conference held on 1/29/2015. Monitor Lindsay Hayes present by phone. Counsel updated the Court. Discussion held regarding the January 29, 2015 Summary and Action Items and the Review of CAP Provisions (December 2014 Data). Further Status Conference set 2/19/15 at 9:00am before Judge Chang. (C5 − no record, 9:00−9:15am.) (JUDGE KEVIN S.C. CHANG)(sna, ) No COS issued for this docket entry (Entered: 01/29/2015)

Jan. 29, 2015
61

EP: Pursuant to defense counsel's request, the Further Status Conference is CONTINUED from 2/19/2015 to 2/26/2015 at 09:00 AM in Courtroom 5 before JUDGE KEVIN S.C. CHANG. (Court Reporter not reported.) (JUDGE KEVIN S.C. CHANG)(mrf) CERTIFICATE OF SERVICE Participants registered to receive electronic notifications received this document electronically at the e−mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry (Entered: 02/19/2015)

Feb. 19, 2015
62

EP: Further Status Conference held on 2/26/2015. (Court Reporter FTR − C5 9:01 a.m. − 9:08 a.m.) (JUDGE KEVIN S.C. CHANG)(mrf) CERTIFICATE OF SERVICE Participants registered to receive electronic notifications received this document electronically at the e−mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry (Entered: 02/26/2015)

Feb. 26, 2015
63

EO: Status Conference set for 5/20/2015 at 09:00 AM before MAGISTRATE JUDGE KEVIN S.C. CHANG. Counsel will be notified by E−Mail as to the Information to participate telephonically through a AT &T Reservationless Voice Instructions (MAGISTRATE JUDGE KEVIN S.C. CHANG)(lls, ) CERTIFICATE OF SERVICE Participants registered to receive electronic notifications received this document electronically at the e−mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry (Entered: 05/14/2015)

May 14, 2015
64

EP: Further Status Conference held on 5/20/2015. All Counsel participated telephonically. (Except as to Counsel Diane K. Taira who was present inperson) Discussion Held. Further Status Conference set for 6/10/2015 at 9:00 a.m. (Hawaii Time) (Counsel to participate Telephonically) (Court Reporter None.) (MAGISTRATE JUDGE KEVIN S.C. CHANG)(lls, ) No COS issued for this docket entry (Entered: 05/20/2015)

May 20, 2015
65

EP: Further Status Conference held on 6/10/2015. All Counsel participated telephonically. (Except as to Counsel Diane K. Taira and Renee R. Sonobe−Hong who were present in the Courtroom.) Counsel confirmed that they will be submitting a Joint Motion to the court concluding this case. The motion may be addressed without a hearing. Deadline for submission of the joint motion is 7/15/2015. The Special Monitor will not be preparing any further or additional reports. The Court expressed its appreciation for the work done by counsel and the Special Monitor. (Court Reporter None.) (MAGISTRATE JUDGE KEVIN S.C. CHANG)(lls, ) No COS issued for this docket entry (Entered: 06/10/2015)

June 10, 2015
66

EO: Further Status Conference set for 7/1/2015 at 09:00 AM (Hawaii Time) before MAGISTRATE JUDGE KEVIN S.C. CHANG. Parties who will participate telephonically−Lindsay Hayes, Monitor, Paul Aucoin, Special Counsel, AUSA Laura Coon, AUSA Aaron Fleisher and AUSA Verlin Deerinwater. Deputy AG Diane Taira and Deputy AG Renee Sonobe−Hong will appear in person. (MAGISTRATE JUDGE KEVIN S.C. CHANG)(lls, ) CERTIFICATE OF SERVICE Participants registered to receive electronic notifications received this document electronically at the e−mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry (Entered: 06/24/2015)

June 24, 2015
67

Joint MOTION to Dismiss with Prejudice Renee R. Sonobe Hong appearing for Defendant State of Hawaii (Sonobe Hong, Renee) (Entered: 06/24/2015)

June 24, 2015

ADVISORY ENTRY. re: docket entry number 67 Joint MOTION to Dismiss filed by State of Hawaii was filed incorrectly in this case. If the filing party has not already done so, the filing party shall submit the stipulation as a proposed order to U.S. District Judge J. Michael Seabright by e−mail address: seabright_orders@hid.uscourts.gov . Please refer to: Local Rules for the District of Hawaii, specifically the "Order Regarding Amendment of Local Rule 100 of the Local Rules of Practice for the United States District Court for the District of Hawaii; Exhibit A" filed on August 1, 2013. Rule Name/Chapter: "Proposed Orders" LR100.8.1; "E−mailing of Proposed Orders and Stipulations" LR100.8.2; "E−mail addresses for order and stipulation submission to Chambers" LR 100.8.3. (afc) (Entered: 06/24/2015)

June 24, 2015
68

JOINT MOTION TO DISMISS WITH PREJUDICE; AND ORDER OF DISMISSAL WITH PREJUDICE. Signed by JUDGE J. MICHAEL SEABRIGHT on 6/25/2015. (afc) CERTIFICATE OF SERVICE Participants registered to receive electronic notifications received this document electronically at the e−mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications will be served by first class mail on June 26, 2015. (Entered: 06/25/2015)

June 25, 2015
69

CLERK'S JUDGMENT IN A CIVIL CASE. "IT IS ORDERED AND ADJUDGED that the action is DISMISSED WITH PREJUDICE, pursuant to Fed. R. Civ. P 41(a)(2), and pursuant to and in accordance with the courts order filed June 25, 2015: The "JOINT MOTION TO DISMISS WITH PREJUDICE; AND ORDER OF DISMISSAL WITH PREJUDICE." re: 68 (afc) CERTIFICATE OF SERVICE Participants registered to receive electronic notifications received this document electronically at the e−mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry (Entered: 06/26/2015)

June 26, 2015
70

EP: Further Status Conference held on 7/1/2015.Lindsay Hayes−Court Appointed Monitor, Paul Aucoin, AUSA Laura Coon, AUSA Aaron Fleisher and AUSA Verlin Deerinwater participated Telephonically. Counsel Diane K. Taira and Renee R. Sonobe−Hong were present in Court. Chief Of Security Denise Johnson present.Discussion Held. (Court Reporter None.) (MAGISTRATE JUDGE KEVIN S.C. CHANG)(lls, ) No COS issued for this docket entry (Entered: 07/01/2015)

July 1, 2015

State / Territory: Hawaii

Case Type(s):

Jail Conditions

Key Dates

Filing Date: Dec. 29, 2008

Closing Date: 2015

Case Ongoing: No

Plaintiffs

Plaintiff Description:

U.S. Department of Justice

Plaintiff Type(s):

U.S. Dept of Justice plaintiff

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Hawaii Department of Social Services and Housing, State

Oahu Community Correctional Center (Honolulu), City

Case Details

Causes of Action:

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

Availably Documents:

None of the above

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Conditional Dismissal

Issues

General:

Rehabilitation

Restraints : chemical

Restraints : physical

Staff (number, training, qualifications, wages)

Suicide prevention

Affected Gender:

Female

Male

Medical/Mental Health:

Medication, administration of

Mental health care, general

Suicide prevention

Type of Facility:

Government-run