Ramos v. Lamm, Civ. A. No. 77-K-1093.
| Decision Date | 26 August 1981 |
| Docket Number | Civ. A. No. 77-K-1093. |
| Citation | 520 F. Supp. 1059 |
| Parties | Fidel RAMOS, et al., Plaintiffs, v. Richard D. LAMM, et al., Defendants. |
| Court | U.S. District Court — District of Colorado |
COPYRIGHT MATERIAL OMITTED
James E. Hartley, Denver, Colo., for plaintiffs.
Tarquin J. Bromley, Asst. Atty. Gen., Denver, Colo., for defendants.
Ramos v. Lamm, 485 F.Supp. 122, 154 n.20 (D.Colo.1979). With respect to specific conditions of confinement, I found that (1) the physical facilities are grossly inadequate and constitutionally impermissible id. at 155; (2) the lack of safety at Old Max deprives prisoners of one right and prevents the fulfillment of others id. at 156; (3) "the overall effect is to create conditions of idleness and lockdown that make degeneration likely and self-improvement impossible" id. at 156; (4) the failure of the state to provide adequate medical care "is a matter of such large scale as to evidence deliberate indifference to serious health needs" id. at 158; (5) "the classification system is presently unconstitutional" id. at 161; and (6) certain limitations on visitation, correspondence and access to the courts are unconstitutional. Id. at 162, 166.
In sum, I concluded that it "is established by clear and convincing evidence that members of plaintiff class have suffered denials of due process and the infliction of cruel and unusual punishment as the result of some of defendants' practices and procedures and many of defendants' omissions." Id. at 169. Accordingly, I ordered that Old Max "shall be closed," and I directed defendants to present a detailed plan by which the plaintiff class would be forever protected from further violations of their constitutional rights. I ordered that the defendants' plan must be designed to further the principals of productive activity, motility, health, integrity and safety, and coherence.
My decision was appealed by defendants to the Court of Appeals for the Tenth Circuit. The court of appeals affirmed my conclusion that the plaintiffs' Eighth Amendment rights had been violated "in the areas of shelter, sanitation, food, safety, and medical care," and that plaintiffs' constitutional rights of access to the courts had been violated as well. Ramos v. Lamm, 639 F.2d 559, 586 (10th Cir. 1980). In addition, the court of appeals sustained the ruling holding invalid certain restrictions on inmate correspondence, but overturned my holding that certain visitation regulations were unconstitutional. Id. The court of appeals vacated "the provisions of the district court's remedial order on motility, classification and idleness." Id. Specifically, the court of appeals concluded that "the present record and the findings on the subjects do not warrant the court's broad remedial orders" and did not establish an independent violation of the Eighth Amendment. Id. at 567.
Finally, the court of appeals recognized that certain new correctional facilities were under construction and that "the case should be remanded for the district court to reconsider the proper remedy in light of the present state of conditions." Id. at 586. I was directed to conduct "any necessary further proceedings for the development of the facts on the status of these "matters and on actions required to eradicate the constitutional violations found" and upheld by the court of appeals. Id. Accordingly, with the exception of those portions of my order dealing with health care, the remedial order was vacated.
On April 6, 1980, the United States Supreme Court denied cross-petitions for certiorari filed by plaintiffs and defendants. Ramos v. Lamm, ___ U.S. ___, 101 S.Ct. 1759, 68 L.Ed.2d 239 (1981). From August 17 through August 21, 1981 I conducted a hearing in accordance with the mandate of the court of appeals. This order constitutes my reconsideration of the proper remedy. Before commencing the reconsideration as ordered, I deem it necessary to articulate the precise order and then describe the present conditions in the light of that order. The order stated:
ORDERED that Old Max shall be closed. It will no longer be used to confine inmates either temporarily, permanently or on a standby basis. Defendants herein are forever enjoined from confining members of the plaintiff class in the Canon Correctional Facility.
Since the order was issued, the name of the institution has been changed. Nevertheless, it is important to observe that Cellhouses 1 and 7 have been closed. Upon reconsideration I reaffirm this order of closure. These facilities remain unfit for occupancy and no evidence has been adduced which would justify a change in that portion of the order. The parties represent that Cellhouse 3 has been changed from a maximum security unit to a housing facility for medium or minimum security prisoners. Inmates are no longer confined to their cells there in excess of 23 hours a day as they once were. Even so, the present condition of Cellhouse 3 makes it unfit for continued habitation. The parties have represented that plans are underway to remodel it so that it will meet or exceed minimum health and sanitation standards. Because of the change in use of that facility, I do not deem its continued temporary occupancy for minimum or medium security prisoners to constitute an emergency and thus will defer ruling on its further utilization until such time as the parties notify me of their agreement to its remodeling or, absent such agreement, the plaintiffs request a further order. This temporary authorization should not be misconstrued by the parties. I have found and continue to find that Cellhouse 3 may not be used to house maximum security prisoners. Most of the changes which will be required to make Cellhouse 3 fit are included in the stipulations reached by the parties and filed with me at the beginning of these hearings for reconsideration.
I have considered the stipulations of the parties which follow and I hereby approve them and make them an order of court:
1. No prisoner shall be confined in a cell which provides him individually less than 60 square feet of living space, except for inmates confined to the Diagnostic Unit and provided that individual inmates housed in the Diagnostic Unit shall not be confined therein for more than six weeks.
2. Cellhouse formerly denominated Cellhouse 1 and Cellhouse 7 at Old Max are closed and shall remain closed.
3. Lighting shall be provided in each cell at a level of approximately 30-foot candles for reading, writing and other activities; in no event, however, shall such lighting level drop below 25-foot candles. Lighting in other activity areas shall provide sufficient illumination to allow the inmates in the housing units to be able to perform the routines designed for those individual housing units.
4. Every living area which houses members of the plaintiff class shall be ventilated (or will be upon completion of the Colorado Territorial Correctional Facility/Cellhouse 3 repairs) at a level of at least 10 cubic feet of fresh or purified air per minute per person.
5. No later than October 1, 1981, a qualified architect or engineer shall evaluate the noise levels at Centennial Correctional Facility, Shadow Mountain Correctional Facility and Colorado Territorial Correctional Facility and recommend measures for reducing the noise levels in those institutions. Thereafter, defendants shall reduce such noise levels by implementing any reasonable measures recommended by the architect or engineer. An attempt will be made to reduce sound levels within the residential areas in which class members live to a level not to exceed 60 dB(A) during the day and 55 dB(A) at night.
6. All inmates shall have (or will have upon completion of the Colorado Territorial Correctional Facility/Cellhouse 3 repairs) hot and cold water available to them in their cells or living areas and shall be provided with the opportunity to shower at least 6 times per week. All toilets, lavatories, and showers shall be maintained in an operable condition and there shall be no cross-connections between the waste water system and the potable water supply.
7. Defendants shall designate specific Department of Corrections employees who, under the supervision of the Director of the Division of Adult Services or the Department of Corrections Inspector General, shall have the responsibility to insure maintenance of minimal health and sanitation standards at each institution in which class members are housed. This person shall have the responsibility for monitoring compliance with a written routine of daily housekeeping designed to insure that a minimal level of cleanliness is maintained at the institution, and that the presence of cockroaches, rodents, and other vectors of disease is minimized. This routine shall, at a minimum, provide the following:
(a) A schedule shall be set forth listing in reasonable detail the areas to be cleaned and the procedure for cleaning each area, including the frequency of cleaning, the specific person or persons assigned to clean each area and the procedure for procurement and maintenance of housekeeping equipment and supplies.
(b) Cleaning activities shall be supervised at all times by designated civilian staff.
(c) A checklist shall be devised for a daily inspection of all areas by a designated employee to insure that all areas are clean and sanitary. The employee...
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