Case: U.S. v. Virgin Islands

1:86-cv-00265 | District Court of the Virgin Islands

Filed Date: Oct. 23, 1986

Case Ongoing

Clearinghouse coding complete

Case Summary

On May 28, 1985, the U.S. Department of Justice [DOJ] notified the Governor of the Virgin Islands that it was commencing an investigation of alleged unconstitutional conditions of confinement at the Golden Grove Adult Correctional Facility, St. Croix, Virgin Islands, pursuant to the Civil Rights of Institutionalized Persons Act, 42 U.S.C. § 1997. The DOJ issued a findings letter on January 23, 1986, advising that it had reasonable cause to believe that inmates confined to the Golden Grove Adul…

On May 28, 1985, the U.S. Department of Justice [DOJ] notified the Governor of the Virgin Islands that it was commencing an investigation of alleged unconstitutional conditions of confinement at the Golden Grove Adult Correctional Facility, St. Croix, Virgin Islands, pursuant to the Civil Rights of Institutionalized Persons Act, 42 U.S.C. § 1997. The DOJ issued a findings letter on January 23, 1986, advising that it had reasonable cause to believe that inmates confined to the Golden Grove Adult Correctional Facility were being deprived of their constitutional rights.

On October 23, 1986, the DOJ filed suit pursuant to 42 U.S.C. § 1997 in the United States District Court for the District of the Virgin Islands, alleging unconstitutional conditions of confinement at the Golden Grove Adult Correctional Facility. The parties settled the case shortly thereafter and a formal Consent Decree was approved by the District Court (Judge O'Brien) on December 1, 1986. The Decree called for various reforms to Golden Grove Adult Correctional Facility in the areas of fire safety, security, sanitation and medical care.

Implementation of the specified reforms called for in the Consent Decree occurred for years. The DOJ employed a penology expert, John Dahm, to monitor compliance and to assist in development of a correction plan. Several enforcement and contempt motions filed by the DOJ followed over the years.

According to the docket, a Show Cause Hearing was held on February 8 - 10, 2006 before Magistrate Judge Cannon. On April 18, 2006, Judge Cannon granted the DOJ's motion to find defendant in contempt and appointed a Special Master.

On May 15, 2007, the Court again found the defendants in contempt. Throughout the next few years the parties engaged in numerous evidentiary disputes and, on September 12, 2011, the case was reassigned to Judge Wilma A. Lewis. On August 31, 2012, the parties filed a joint motion for settlement that prescribed prospective relief to resolve any remaining compliance issues within the correctional facility. On May 14, 2013, Judge Lewis granted the joint motion and adopted the settlement agreement as the court's order. The parties later agreed to Kenneth A. Ray as the monitor for the facility's remaining reforms. On December 30, 2014, the court held the defendants in contempt for failure to pay the Monitor's monthly fees as required by the court's order from June 6, 2014. As of June 14, 2021, the case is still ongoing and the monitor continues to file reports with the court.

Summary Authors

Dan Dalton (2/20/2007)

Alex Wharton (12/3/2014)

Elizabeth Heise (11/11/2018)

Sean Drohan (6/17/2021)

People

For PACER's information on parties and their attrorneys, see: https://www.courtlistener.com/docket/5083102/parties/united-states-v-territory-of-the-virgin-islands/


Judge(s)

Cannon, George W. Jr. (Virgin Islands)

Kelleher, Robert Joseph (California)

Lenahan, John E. (Virgin Islands)

Lewis, Wilma A. (District of Columbia)

O'Brien, David V. (Virgin Islands)

Resnick, Jeffrey L. (Virgin Islands)

Attorneys(s) for Plaintiff

Austin, Roy L. (District of Columbia)

Barrick, Andrew J. (District of Columbia)

Batenga, Ernest F. (Virgin Islands)

Branch, Lashanda D. (District of Columbia)

Judge(s)

Cannon, George W. Jr. (Virgin Islands)

Kelleher, Robert Joseph (California)

Lenahan, John E. (Virgin Islands)

Lewis, Wilma A. (District of Columbia)

O'Brien, David V. (Virgin Islands)

Resnick, Jeffrey L. (Virgin Islands)

Attorneys(s) for Plaintiff

Austin, Roy L. (District of Columbia)

Barrick, Andrew J. (District of Columbia)

Batenga, Ernest F. (Virgin Islands)

Branch, Lashanda D. (District of Columbia)

Brett, Sharon (District of Columbia)

Chirunga , Lashanda Branch (District of Columbia)

Coon, Laura (District of Columbia)

Diehm, James W. (Virgin Islands)

Fidler, Gayle D. (District of Columbia)

Gunston, Emily A. (District of Columbia)

Gupta, Vanita (District of Columbia)

Halpern, Terry M. (Virgin Islands)

Hewlett, Joycelyn (Virgin Islands)

Holder, Eric H. Jr. (District of Columbia)

Hucek, Kristin (District of Columbia)

Kappelhoff, Mark (District of Columbia)

Lareau, Alyssa Connell (District of Columbia)

Lomio, Rita Katherine (District of Columbia)

Mabe, Hugh P. III (Virgin Islands)

Meese, Edwin III (District of Columbia)

Miller, V. Colleen (District of Columbia)

Moossy, Robert J. (District of Columbia)

Moran, Molly J. (District of Columbia)

Myrthil, Marlysha (District of Columbia)

Oliver, Jim U. Jr. (District of Columbia)

Payne, Timothy R. (District of Columbia)

Peabody, Arthur E. Jr. (District of Columbia)

Perez, Thomas E. (District of Columbia)

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

Reynolds, William Bradford (District of Columbia)

Rifkin, Marjorie Lynn (District of Columbia)

Sharpe, Ronald W. (Virgin Islands)

Smith, Jonathan Mark (District of Columbia)

Turner, James P. (District of Columbia)

Volek, Jude (District of Columbia)

Attorneys(s) for Defendant

Ballentine, Rosalie S. (Virgin Islands)

Chinnery, Aquannette Y. (Virgin Islands)

D'Andrade, Shari N. (Virgin Islands)

de Castro, Godfrey R. (Virgin Islands)

DiRuzzo, Joseph A. III (Florida)

Frazer, Vincent (Virgin Islands)

Grant, Darlene (Virgin Islands)

James, Raymond T. (Virgin Islands)

Mercer, Leroy (Virgin Islands)

Moore, Treston E. (Virgin Islands)

Oswald, Nathan T. (Ohio)

Robertson, Kenrick E. (Virgin Islands)

Schrader, Richard Jr. (Virgin Islands)

Thomas-Jacobs, Carol (Virgin Islands)

Tyson-Floyd, Angela (Virgin Islands)

Walinski, Richard S. (Ohio)

Walker, Claude Earl (Virgin Islands)

Expert/Monitor/Master

Dudley, Richard Jr. (New York)

Ray, Kenneth A. (Kentucky)

Romero, Manual D. (New Mexico)

Shansky, Ronald M.D., S.C. (Illinois)

Documents in the Clearinghouse

Document

1:86-cv-00265

Original Docket

United States v. Government of the Virgin Islands

Sept. 23, 1993

Sept. 23, 1993

Docket

1:86-cv-00265

Docket [Pacer]

May 1, 2017

May 1, 2017

Docket
1

1:86-cv-00265

Complaint

Nov. 21, 1986

Nov. 21, 1986

Complaint

1:86-cv-00265

Consent Decree

Dec. 1, 1986

Dec. 1, 1986

Order/Opinion
16

1:86-cv-00265

Amended Implementation Plan

Sept. 22, 1987

Sept. 22, 1987

Pleading / Motion / Brief
21

1:86-cv-00265

Memorandum of Compliance Conference and Order (11-12--87)

Nov. 12, 1987

Nov. 12, 1987

Order/Opinion
22

1:86-cv-00265

Memorandum in Support of Motion for Order to Show Cause

Dec. 23, 1987

Dec. 23, 1987

Pleading / Motion / Brief
23

1:86-cv-00265

Motion for Order to Show Cause

Dec. 29, 1987

Dec. 29, 1987

Pleading / Motion / Brief
29

1:86-cv-00265

Motion for Contempt

March 18, 1988

March 18, 1988

Pleading / Motion / Brief

1:86-cv-00265

Order

March 24, 1988

March 24, 1988

Order/Opinion

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/5083102/united-states-v-territory-of-the-virgin-islands/

Last updated July 21, 2022, 3:11 a.m.

ECF Number Description Date Link Date / Link
457

ORDER (GWC) dated 2/22/2010 re: agreed deadlines (KMD)

Feb. 22, 2010

Feb. 22, 2010

RECAP
509

ORDER re: 11/9/2010 hearing (GWC) dated 12/6/2010 (Status Hearing set for 3/8/2011 at 9:00 AM in Mag Judge Ctrm 3 STX before US Magistrate Judge George W Cannon, Jr.) (KMD)

Dec. 6, 2010

Dec. 6, 2010

RECAP
604

Notification of Automatic Stay of all Prospective Relief Effective October 27, 2011 (WAL) dated 10/26/2011 (GS)

Oct. 26, 2011

Oct. 26, 2011

RECAP
615

ORDER (GWC) that the Clerk of the court pay from funds to Susan McCampbell.dated 12/5/2011 (TNS)

Dec. 5, 2011

Dec. 5, 2011

RECAP
630

MEMORANDUM OPINION (WAL) dated 2/8/12. (GS)

Feb. 8, 2012

Feb. 8, 2012

RECAP
648

ORDER (WAL) dated 3/5/12 denying 638 Motion to Compel Entry Upon Land. (GS)

March 5, 2012

March 5, 2012

RECAP
693

MEMORANDUM OPINION (WAL) dated 11-7-12 denying Motion to Intervene (Dkt. No. 677). (DGP)

Nov. 7, 2012

Nov. 7, 2012

RECAP
831

MEMORANDUM OPINION (WAL) dated 6/6/2014 denying the Monitor's request for the establishment of an escrow account and ordering Defendants to pay the Monitor's monthly invoices within thirty days of receipt or be subject to sanctions. (KBD)

June 6, 2014

June 6, 2014

RECAP
874

MEMORANDUM OPINION (WAL) dated 12/30/2014 finding Defendants in contempt of the Court's 830 June 6, 2014 Order. (RET)

Dec. 30, 2014

Dec. 30, 2014

RECAP
875

ORDER (WAL) dated 12/30/2014 finding Defendants in contempt of the Court's 830 June 6, 2014 Order. (RET)

Dec. 30, 2014

Dec. 30, 2014

RECAP
936

ORDER (WAL) dated 10/26/2015 granting 811 Motion to Intervene. (RET)

Oct. 26, 2015

Oct. 26, 2015

RECAP
1092

Order

Sept. 5, 2018

Sept. 5, 2018

PACER
1093

Order

Sept. 5, 2018

Sept. 5, 2018

PACER

Order on Motion for Miscellaneous Relief

Dec. 12, 2018

Dec. 12, 2018

PACER
1106

Order

Dec. 18, 2018

Dec. 18, 2018

PACER
1108

Order on Motion for Miscellaneous Relief

March 8, 2019

March 8, 2019

PACER
1116

Order

April 5, 2019

April 5, 2019

PACER
1118

Order

April 24, 2019

April 24, 2019

PACER

Order on Motion for Extension of Time to File

May 8, 2019

May 8, 2019

PACER
1125

Order on Motion for Hearing

May 21, 2019

May 21, 2019

PACER

~Util - Set Hearings

May 21, 2019

May 21, 2019

PACER

Order on Motion for Miscellaneous Relief

May 22, 2019

May 22, 2019

PACER
1131

Order

May 24, 2019

May 24, 2019

PACER

~Util - Set Hearings

June 10, 2019

June 10, 2019

PACER

~Util - Terminate Motions

July 5, 2019

July 5, 2019

PACER

Order

July 5, 2019

July 5, 2019

PACER

Order on Motion for Extension of Time to File

July 18, 2019

July 18, 2019

PACER

Order on Motion for Miscellaneous Relief

July 29, 2019

July 29, 2019

PACER
1145

Order

Aug. 5, 2019

Aug. 5, 2019

PACER

Order on Motion to Withdraw as Attorney

Dec. 12, 2019

Dec. 12, 2019

PACER
1155

Order

Dec. 13, 2019

Dec. 13, 2019

PACER
1157

Order

Jan. 28, 2020

Jan. 28, 2020

PACER

Order on Motion to Continue

April 20, 2020

April 20, 2020

PACER
1170

Order on Motion for Miscellaneous Relief AND Order on Motion for Miscellaneous Relief

Sept. 11, 2020

Sept. 11, 2020

PACER
1171

Order

Sept. 21, 2020

Sept. 21, 2020

PACER

~Util - Set Hearings

Sept. 21, 2020

Sept. 21, 2020

PACER

~Util - Set Hearings

Sept. 29, 2020

Sept. 29, 2020

PACER
1173

Order

Sept. 29, 2020

Sept. 29, 2020

PACER
1177

~Util - Set Hearings AND Order

Nov. 6, 2020

Nov. 6, 2020

PACER
1178

Order

March 22, 2021

March 22, 2021

PACER

Order

April 9, 2021

April 9, 2021

PACER

Order on Motion for Extension of Time to File

April 9, 2021

April 9, 2021

PACER

Order on Motion for Extension of Time to File

June 14, 2021

June 14, 2021

PACER
1191

Scheduling Order

June 14, 2021

June 14, 2021

PACER
1194

Order Setting Hearing on Motion

Aug. 10, 2021

Aug. 10, 2021

PACER
1196

Order on Motion for Extension of Time to File

Aug. 19, 2021

Aug. 19, 2021

PACER
1200

Order on Motion to Seal Document

Sept. 30, 2021

Sept. 30, 2021

PACER
1203

Order

Oct. 13, 2021

Oct. 13, 2021

PACER

~Util - Set Hearings

Oct. 13, 2021

Oct. 13, 2021

PACER

1 - Terminate Hearings

Oct. 15, 2021

Oct. 15, 2021

PACER
1208

Order

March 24, 2022

March 24, 2022

PACER
1210

Order on Motion for Extension of Time to File

April 7, 2022

April 7, 2022

PACER
1213

Order on Motion for Miscellaneous Relief

April 20, 2022

April 20, 2022

PACER
1218

Order on Motion for Miscellaneous Relief

April 26, 2022

April 26, 2022

PACER
1219

Order on Motion for Leave to Appear Pro Hac Vice

April 26, 2022

April 26, 2022

PACER
1220

Order on Motion for Leave to Appear Pro Hac Vice

April 26, 2022

April 26, 2022

PACER
1221

Order on Motion for Leave to Appear Pro Hac Vice

April 26, 2022

April 26, 2022

PACER
1227

Scheduling Order

May 6, 2022

May 6, 2022

PACER
1228

Order Reassigning Case

May 9, 2022

May 9, 2022

PACER
1230

Order

May 11, 2022

May 11, 2022

PACER
1237

Order

June 10, 2022

June 10, 2022

PACER
1239

Order of Recusal AND Order

June 16, 2022

June 16, 2022

PACER
1241

Order on Motion for Leave to Appear Pro Hac Vice

June 28, 2022

June 28, 2022

PACER

~Util - Set Hearings AND Order

June 29, 2022

June 29, 2022

PACER

Order AND ~Util - Set Hearings

June 29, 2022

June 29, 2022

PACER
1248

Order on Motion for Extension of Time to File

July 16, 2022

July 16, 2022

PACER

Case Details

State / Territory: Virgin Islands

Case Type(s):

Prison Conditions

Special Collection(s):

Multi-LexSum (in sample)

Key Dates

Filing Date: Oct. 23, 1986

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

United States Department of Justice.

Plaintiff Type(s):

U.S. Dept of Justice plaintiff

Attorney Organizations:

U.S. Dept. of Justice Civil Rights Division

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Virgin Islands, Regional

Case Details

Causes of Action:

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

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:

Court Approved Settlement or Consent Decree

Order Duration: 1986 - None

Issues

General:

Fire safety

Informed consent/involuntary medication

Sanitation / living conditions

Totality of conditions

Medical/Mental Health:

Medical care, general

Type of Facility:

Government-run