Lasky v. Quinlan, s. 1391 and 1392
| Decision Date | 29 July 1977 |
| Docket Number | Nos. 1391 and 1392,D,s. 1391 and 1392 |
| Citation | 558 F.2d 1133 |
| Parties | Raymond G. LASKY et al., Appellees, v. Sheriff Lawrence QUINLAN et al., Appellants. ockets 76-7426 and 77-7032. |
| Court | U.S. Court of Appeals — Second Circuit |
Jack P. Levin, New York City, for appellees.
Peter R. Kehoe, Troy, for appellants.
Before TIMBERS, MESKILL, Circuit Judges, and PALMIERI, District Judge. *
This action was commenced on April 16, 1973 by the filing of a pro se class action complaint by five inmates at the Dutchess County Jail (the "jail") in Poughkeepsie, New York. The complaint sought injunctive and declaratory relief, and alleged violations of the inmates' constitutional rights and violation of 42 U.S.C. § 1983 by Sheriff Lawrence M. Quinlan and certain jail personnel. Jurisdiction was invoked under 28 U.S.C. §§ 1343 and 2201 and 42 U.S.C. § 1983.
The District Court appointed counsel to represent the inmates, conducted an evidentiary hearing, and made a personal inspection of the jail in the company of counsel for both sides and a court reporter. Thereafter, at the suggestion of the District Court, counsel for both sides entered into a stipulation, dated July 25, 1973, providing for the implementation of improvements by the Sheriff with respect to certain conditions at the jail. The Court approved the stipulation by order dated July 30, 1973 and added as a further requirement that the Sheriff post a new set of rules and regulations consistent with the stipulation and provide each inmate with a copy of it upon his admission. The Court stated that as a result of the hearing and inspection of the facility it was of the opinion that the jail was "a generally acceptable institution in constitutional terms . . . (with) room for improvement in certain respects." The Court determined that in view of the stipulation "there is no need to declare this a class action, since I can find nothing substantial in a constitutional sense that is likely to be added because of a class determination." The Court dismissed the action upon the filing of the stipulation, "subject to reopening or the institution of contempt proceedings in the event of a willful failure to comply with the aforesaid order of the Court."
The stipulation provided for the improvement of conditions in ten general areas. First, it required that pre-trial detainees not occupy the same rooms with convicts under sentence and that minors not be housed in the same rooms with adults. Second, it set forth certain requirements with respect to personal hygiene, including the laundering of linen, bedding, and institutional clothing and the bathing of inmates. Third, it provided for several changes in the administration of health services, including the availability of medical examinations and treatment, the maintenance of records, and the improvement of present health service facilities. Fourth, the stipulation set forth certain minimum sanitation standards for the jail's kitchen and food service staff and required that these facilities be inspected regularly by public health authorities on the same basis as restaurants serving the public. The fifth provision required that the jail's outdoor exercise and recreational area become operational within six months of the Court's approval of the stipulation.
The sixth, seventh and eighth provisions of the stipulation concerned inmate communication, reading materials and legal assistance, respectively. With respect to communication, the stipulation provided for notice to inmates of any restrictions on correspondence, set forth the basis on which incoming mail could be censored and the procedures to be followed for censored mail, and established rules for inmates' use of telephones. With respect to reading materials, the stipulation set forth the basis on which reading material could be censored. With respect to legal assistance, the stipulation provided that inmates who were unable to secure counsel in civil or criminal matters would be permitted to consult with other inmates for such purposes.
The ninth provision set forth a series of conditions to be observed in the event that an inmate was disciplined by way of confinement in a cell apart from other inmates or placed on a restricted diet. It further provided for the supervision and, if necessary, the medical examination of inmates whose physical or mental conditions created a risk of their endangering themselves or other inmates or a need for requiring protection from other inmates. In addition, the Sheriff was required to promulgate and post in a prominent place a list of the rules and regulations governing inmate conduct and the standardized procedures relating to it.
Finally, the tenth provision required that alterations and repairs to the physical plant be effectuated to provide for adequate lighting, heating, ventilation and plumbing facilities. Within thirty days of the approval of the stipulation, the Sheriff was required to submit to the District Court a plan for the implementation of the third, fifth, and tenth provisions of the stipulation.
On December 8, 1975, plaintiffs' counsel moved for an order (1) adjudging Sheriff Quinlan in civil contempt for his alleged failure to comply with the Court's order of July 30, 1973, approving the stipulation; (2) compelling compliance with that order; and (3) awarding plaintiffs' counsel reasonable attorney's fees and the costs incurred in prosecuting the contempt action. The matter was reopened, and a four day hearing on the motion was held before Judge Werker of the Southern District of New York. In an opinion dated June 21, 1976, Judge Werker held that Sheriff Quinlan had failed to comply with substantially all of the provisions of the stipulation in the lengthy period following its approval. 419 F.Supp. 799 (S.D.N.Y.1976). Although the Court stated that it was unnecessary for its adjudication of contempt to find that the Sheriff willfully failed to comply, it found that plaintiffs had demonstrated such willfulness with respect to several provisions of the stipulation. In an order dated July 7, 1976, pursuant to this opinion, the Court assessed a fine of $500 against the Sheriff, ordered that he pay the attorney's fees and expenses incurred in connection with the contempt proceeding, and ordered that he...
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