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 Adult…

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.

As of November 2025, monitoring is ongoing.

Summary Authors

Dan Dalton (2/20/2007)

Alex Wharton (12/3/2014)

Elizabeth Heise (11/11/2018)

Sean Drohan (6/17/2021)

Benjamin Houri (11/9/2025)

People

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


Judge(s)
Attorney 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)

Attorney for Defendant

Ballentine, Rosalie S. (Virgin Islands)

Attorney for Plaintiff

Documents in the Clearinghouse

Documents in this case

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

Docket

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

Last updated July 12, 2026, 6:25 a.m.

ECF Number Date Description Link
Nov. 21, 1986

Jams Calendar Events

113 Feb. 6, 1996

ORDER ASSIGNS HEARING to 04/17/96 at 10:00AM Room 295 (JLR) c/m eod 02/23/96 (Entered: 02/06/1996)

RECAP
257 Aug. 12, 1996

NOTICE of motion (Document was filed in St. Thomas Division and received to St. Croix division on 10/5/06) (Entered: 08/12/1996)

RECAP
114 April 4, 1997

ORDER ASSIGNS CONF to 05/22/97 at 09:00AM Room 295 (JLR) c/m eod 04/07/97 [MWR] (Entered: 04/04/1997)

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115 July 24, 1997

STIPULATION of the parties eod 07/25/97 [MWR] (Entered: 07/24/1997)

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116 Sept. 5, 1997

NOTICE of filing six-week compliance report eod 09/09/97 [MWR] (Entered: 09/05/1997)

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117 Oct. 1, 1997

NOTICE OF FILING monthly compliance report eod 10/02/97 [MWR] (Entered: 10/01/1997)

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118 Nov. 10, 1997

VOLUME (7) SEVEN began with pleading #118 eod 11/10/97 [MWR] (Entered: 11/10/1997)

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119 Dec. 2, 1997

NOTICE OF FILING monthly compliance report 11/1997 eod 12/03/97 [MWR] (Entered: 12/02/1997)

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120 Jan. 14, 1998

NOTICE OF FILING monthly compliance report 12/97 eod 01/15/98 [MWR] (Entered: 01/14/1998)

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121 March 10, 1998

VOLUME (9) NINE eod 03/10/98 [MWR] (Entered: 03/10/1998)

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122 March 10, 1998

ORDER ASSIGNS CONF to 05/21/98 at 02:00PM Room 295 (JLR) c/m eod 03/11/98 [MWR] (Entered: 03/10/1998)

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123 May 21, 1998

MEMORANDUM of status / GRANTED (JLR) cc attys eod 05/22/98 [MWR] (Entered: 05/21/1998)

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124 Dec. 14, 1998

ORDER ASSIGNS CONF to 02/04/99 at 02:30PM Room 295 (JLR) c/m eod 12/15/98 [MWR] (Entered: 12/14/1998)

RECAP
125 Feb. 5, 1999

PTC ORDER FROM P/T ON Feb. 4, 1999 scheduling order entered, cc atty eod 02/08/99 [THT] (Entered: 02/05/1999)

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126 Sept. 9, 1999

ORDER ASSIGNS CONF to 11/04/99 at 02:30PM Room 295 (JLR) c/m eod 09/09/99 [MWR] (Entered: 09/09/1999)

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127 Nov. 5, 1999

ORDER (JLR) post conference entered cc attys eod 11/05/99 [MWR] (Entered: 11/05/1999)

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128 Nov. 30, 1999

ORDER (JLR) amending post conference order effectuation of a joint compliance coordinator is extended to 12/15/99 cc attys eod 12/02/99 [MWR] (Entered: 11/30/1999)

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129 Jan. 11, 2000

NOTICE of compliance report eod 01/14/00 [MWR] (Entered: 01/11/2000)

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130 June 12, 2000

STIPULATION for appointment of a joint compliance coordinator for health services GRANTED (JLR) cc attys eod 06/19/00 [MWR] (Entered: 06/12/2000)

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131 Aug. 4, 2000

ORDER ASSIGNS CONF (TELEPHONIC) to 08/17/00 at 03:00PM Room 295 (JLR) c/m eod 08/07/00 [MWR] (Entered: 08/04/2000)

RECAP
132 Aug. 18, 2000

ORDER ASSIGNS HEARING to 11/09/00 at 10:00AM Room 295 (JLR) c/m eod 08/18/00 [MWR] (Entered: 08/18/2000)

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133 Aug. 18, 2000

ORDER (JLR) Post Conference Order, cc counsel eod 08/24/00 [NAH] (Entered: 08/18/2000)

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134 Sept. 13, 2000

ORDER (JLR) on pltf motion to order Immediate Payment of the Joint Compliance Ccoordinator cc attys eod 09/15/00 [MWR] (Entered: 09/13/2000)

RECAP
135 Sept. 14, 2000

MOTION to order immmediate payment of joint compliance coordinator (see document #134) eod 09/15/00 [MWR] (Entered: 09/14/2000)

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136 Sept. 18, 2000

ORDER (JLR) that the Order to show cause for deft to appear and show cause on on Sept. 18, 2000 at 9:00 a.. is moot cc atty eod 09/21/00 [THT] (Entered: 09/18/2000)

RECAP
137 Nov. 28, 2000

ORDER (JLR) post conference entered eod 11/29/00 [MWR] (Entered: 11/28/2000)

RECAP
138 March 16, 2001

MOTION to order immediate payment of joint compliance coordinator eod 03/19/01 [MWR] (Entered: 03/16/2001)

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139 March 16, 2001

ORDER (JLR) on pltf motion to order immediate payment of the joint compliance coordinator cc attys eod 03/19/01 [MWR] (Entered: 03/16/2001)

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140 March 21, 2001

ORDER (JLR) cnacelling show cause hearing cc attys eod 03/22/01 [MWR] (Entered: 03/21/2001)

RECAP
141 June 11, 2001

ORDER (JLR) granting motion for withdrawal of Kelli Evans, Esq. cc attys eod 06/12/01 [MWR] (Entered: 06/11/2001)

RECAP
142 Nov. 28, 2001

ORDER ASSIGNS HEARING to 12/18/01 at 02:30PM Room 295 (JLR) c/m eod 11/30/01 [MWR] (Entered: 11/28/2001)

RECAP
143 Jan. 10, 2003

APPEARANCE of LaShqanda D. Branch Esq. for pltf eod 01/13/03 [MWR] (Entered: 01/10/2003)

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144 Jan. 13, 2003

ORDER ASSIGNS CONF to 02/27/03 at 02:00PM Room 295 (JLR) c/m eod 01/14/03 [MWR] (Entered: 01/13/2003)

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145 Feb. 27, 2003

APPEARANCE of Andrew J. Barrick, Esq. for pltf eod 02/28/03 [THT] (Entered: 02/27/2003)

RECAP
146 Sept. 25, 2003

STIPULATED agreement filed eod 10/08/03 [MWR] (Entered: 09/25/2003)

RECAP
147 Oct. 10, 2003

STIPULATED agreement filed eod 10/14/03 [MWR] (Entered: 10/10/2003)

RECAP
148 Oct. 14, 2003

ORDER (JLR) regarding stipulated agreement cc attys eod 10/15/03 [TS] (Entered: 10/14/2003)

RECAP
149 March 18, 2004

PROGRESS REPORT by deft (Entered: 03/18/2004)

RECAP
154 Nov. 8, 2004

MOTION for an order to show cause why defts should not be held in contempt (Entered: 11/08/2004)

RECAP
155 Nov. 8, 2004

MEMORANDUM of law in support of its motion for an order to show cause why deft should not be held in contempt (Entered: 11/08/2004)

RECAP
156 Nov. 8, 2004

MOTION of the US for leave to file exhibits under seal and for protective order (Entered: 11/08/2004)

RECAP
157 Nov. 8, 2004

MEMORANDUM in support of motion for leave to file exhibits under seal and for protective order (Entered: 11/08/2004)

RECAP
150 April 12, 2005

REQUEST FOR Emergency Hearing (Entered: 04/12/2005)

RECAP
151 July 28, 2005

ORDER (GWC) for response cc attys (Entered: 07/28/2005)

RECAP
153 Aug. 12, 2005

RESPONSE of the U.S. to inmate request for hearing (Entered: 08/12/2005)

RECAP
152 Aug. 15, 2005

MOTION TO DISMISS by defts (Entered: 08/15/2005)

RECAP
158 Nov. 21, 2005

NOTICE of substitution of counsel by pltf (Entered: 11/21/2005)

RECAP
159 Nov. 22, 2005

NOTICE of appearance of Co-Counsel for the United States by pltf (Entered: 11/22/2005)

RECAP
160 Nov. 23, 2005

ORDER (GWC) to withdraw,and that the United States Assistant James S. Carroll III shall appear on behalf of federal government in the instant case cc attys (Entered: 11/23/2005)

RECAP
161 Nov. 23, 2005

NOTICE of withdrawal by co-counsel for the United States by pltf (Entered: 11/23/2005)

RECAP
162 Nov. 23, 2005

NOTICE of unavailablity by DEFT. (Entered: 11/23/2005)

RECAP
163 Nov. 29, 2005

ORDER (GWC) for an order to show cause cc attys (Entered: 11/29/2005)

RECAP
165 Nov. 30, 2005

MOTION for enlargement of time by deft (Entered: 11/30/2005)

RECAP
164 Dec. 1, 2005

ORDER (GWC) for status conference and hearing for an order to show cause cc attys (Entered: 12/01/2005)

RECAP
166 Dec. 16, 2005

OPPOSITION response to United States Contempt motion (Entered: 12/16/2005)

RECAP
167 Dec. 19, 2005

ORDER (RLF) that the joint motion is Granted, cc attys (Entered: 12/19/2005)

RECAP
168 Dec. 20, 2005

OPPOSITION response to the United States' contempt motion by defts (Entered: 12/20/2005)

RECAP
169 Dec. 20, 2005

NOTICE to the court by pltf (Entered: 12/20/2005)

RECAP
170 Jan. 13, 2006

MOTION for enlargement of time (Entered: 01/13/2006)

RECAP
171 Jan. 13, 2006

NOTICE of service of interrogatories and requests for the production of documents (Entered: 01/13/2006)

RECAP
172 Jan. 17, 2006

REPLY memorandum of law in support of its motion for an order to show cause Why defts should not be held in contempt (Entered: 01/17/2006)

RECAP
173 Jan. 18, 2006

ORDER (GWC) continuing status conference on 2/8/06 @ 9:00 a.m. and February 9, 2006 @ 9:30 a.m. cc attys (Entered: 01/18/2006)

RECAP
174 Jan. 20, 2006

ORDER (GWC) that the pltf's motion is GRANTED, cc attys (Entered: 01/20/2006)

RECAP
175 Jan. 30, 2006

NOTICE of service of defts objections and responses and supplemental responses to pltfs interrogatories and document request by deft (Entered: 01/30/2006)

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176 Feb. 3, 2006

MOTION for mediationby defts (Entered: 02/03/2006)

RECAP
177 Feb. 6, 2006

ORDER ((GWC) on defts motion for mediation is DENIED cc attys (Entered: 02/06/2006)

RECAP
178 Feb. 6, 2006

ORDER (GWC) that defts motion in limine to exclude prisojners'declarations, stipulated agreement and corrective action plan is DENIED, cc attys (Entered: 02/06/2006)

RECAP
183 Feb. 6, 2006

OPPOSITION to the territory of the virgin islands motion for mediation by pltf (Entered: 02/06/2006)

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184 Feb. 6, 2006

OPPOSITION to the territory of the Virgin Islands motion in limine to exclude prisoners declaration, stipulated agreement and corrective action plan by pltf (Entered: 02/06/2006)

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185 Feb. 6, 2006

MOTION in limine to exclude prisoners declarations, stipulated agreement and corrective action plan by defts (Entered: 02/06/2006)

RECAP
179 Feb. 7, 2006

ORDER (GWC) regarding filing exhibits under seal and protective order cc attys (Entered: 02/07/2006)

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180 Feb. 7, 2006

EXHIBIT List (FIRST SUPPLEMENTAL)for show cause hearing commencing on 2/8/06 by pltf (Entered: 02/07/2006)

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181 Feb. 7, 2006

EXHIBIT List for show cause hearing commencing on 2/8/06 by pltf (Entered: 02/07/2006)

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182 Feb. 7, 2006

WITNESS LIST for show cause hearing commencing on 2/8/06 by pltf (Entered: 02/07/2006)

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186 Feb. 7, 2006

WITNESS LIST by defts (Entered: 02/07/2006)

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187 Feb. 7, 2006

EXHIBIT List by defts (Entered: 02/07/2006)

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188 Feb. 7, 2006

SUBPOENA issued to Rosaldo Horsford,Acting Warden (Entered: 02/07/2006)

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189 Feb. 7, 2006

SUBPOENA issued to Jennifer Charles (Entered: 02/07/2006)

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190 Feb. 7, 2006

SUBPOENA issued to Orsel Edney, Chief of security (Entered: 02/07/2006)

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191 Feb. 7, 2006

SUBPOENA issued to Dr. Yousef mustafa Ali (Entered: 02/07/2006)

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192 Feb. 7, 2006

SUBPOENA issued to Stephen McIntosh-Luis (Entered: 02/07/2006)

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193 Feb. 7, 2006

SUBPOENA issued to Stephen Mcintosh-Luis (Entered: 02/07/2006)

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194 Feb. 7, 2006

SUBPOENA issued to Dr. Yousef Mustafa Ali (Entered: 02/07/2006)

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195 Feb. 7, 2006

SUBPOENA issued to Orsel Edney,Cheif of Security (Entered: 02/07/2006)

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196 Feb. 7, 2006

SUBPOENA issued to Jennifer Charles (Entered: 02/07/2006)

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197 Feb. 7, 2006

SUBPOENA issued to Rosaldo Horsford, Acting Warden (Entered: 02/07/2006)

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198 Feb. 8, 2006

MOTION requesting taking of judicial notice by defts (Entered: 02/08/2006)

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199 Feb. 8, 2006

SUBPOENA issued to Stephanie McIntosh-Luis (Entered: 02/08/2006)

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200 Feb. 8, 2006

SUBPOENA issued to Nurse Qualey (Entered: 02/08/2006)

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201 Feb. 8, 2006

SUBPOENA issued to Officer Belardo (Entered: 02/08/2006)

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202 Feb. 8, 2006

SUBPOENA issued to Orsel Edney, Chief of security (Entered: 02/08/2006)

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203 Feb. 8, 2006

SUBPOENA issued to Orsel Edney, Cheif of security (Entered: 02/08/2006)

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204 Feb. 8, 2006

SUBPOENA issued to Rosaldo Horsford, Acting Warden (Entered: 02/08/2006)

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205 Feb. 8, 2006

SUBPOENA issued to Dr. Yousef Mustafa Ali (Entered: 02/08/2006)

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206 Feb. 8, 2006

SUBPOENA issued to Dr. Yousef Mustafa Ali (Entered: 02/08/2006)

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207 Feb. 8, 2006

SUBPOENA issued to Rosaldo Horsford, Acting Warden (Entered: 02/08/2006)

RECAP
208 Feb. 13, 2006

CTRM. MIN. show cause hearing held (GWC) (Ct.REPORTER C. Hasse on 2/8/06 (Entered: 02/13/2006)

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209 Feb. 13, 2006

CTRM. MIN. CONTINUATION of Show Cause Hearing held (CT.Reporter C. Haase) dated 2/9/06 (Entered: 02/13/2006)

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210 Feb. 13, 2006

CTRM. MIN. CONTINUANCE of Show Cause hearing held (CT. Reporter V. Lawrense Present) Dated 2/10/06 (Entered: 02/13/2006)

RECAP

Case Details

State / Territory:

Virgin Islands

Case Type(s):

Prison Conditions

Healthcare Access and Reproductive Issues

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

Regional

Virgin Islands

Facility Type(s):

Government-run

Case Details

Causes of Action:

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

Other Dockets:

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

U.S. Court of Appeals for the Third Circuit 12-04305

Available Documents:

Any published opinion

Complaint (any)

Injunctive (or Injunctive-like) Relief

Trial Court Docket

Outcome

Prevailing Party: Plaintiff OR Mixed

Relief Granted:

Injunction / Injunctive-like Settlement

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Issues

General/Misc.:

Fire safety

Informed consent/involuntary medication

Sanitation / living conditions

Totality of conditions

Medical/Mental Health Care:

Medical care, general

Recommended Citation