United States v. Territory of the Virgin Islands
| Decision Date | 08 February 2012 |
| Docket Number | Civil Action No.1986–265 |
| Citation | 884 F.Supp.2d 399 |
| Parties | UNITED STATES of America, v. TERRITORY OF THE VIRGIN ISLANDS, et al., Defendants. |
| Court | U.S. District Court — Virgin Islands |
OPINION TEXT STARTS HERE
Jonathan M. Smith, Esq., Laura L. Coon, Esq., Alyssa C. Lareau, Esq., Emily A. Gunston, Esq., Washington, D.C., for the United States.
Richard S. Walinski, Esq., Toledo, OH, for the Defendants.
Nathan T. Oswald, Esq., Pemberville, OH, for the Defendants.
Aquannette Y. Chinnery, Esq., St. Thomas, U.S.V.I., for the Defendants.
THIS MATTER comes before the Court on Defendants' Motion to Terminate Prospective Relief, which was filed on July 28, 2011, and on which this Court heard oral argument on December 6, 2011.1 The litigation, which began in 1986, concerns the issue of continuing Eighth Amendment violations inside the Golden Grove Adult Correctional Facility (“Golden Grove”) on St. Croix, United States Virgin Islands, and the sufficiency of Defendants' actions during the past two and one-half decades to remedy the alleged and proven constitutional infirmities. In their Motion to Terminate Prospective Relief, filed pursuant to § 3626(b)(2) of the Prison Litigation Reform Act (“PLRA”), Defendants seek the immediate termination of all relief entered by the Court in the 25–year history of this case. 18 U.S.C. § 3626(b)(2) (1996). Plaintiff opposes this Motion.
For the reasons that follow, the Court finds that: 1) Each Order entered in this case, except the 2006 Contempt Order, constitutes prospective relief within the meaning of the PLRA;2 2) Due to the absence of the necessary PLRA findings, all prospective relief ordered by the Court in this matter may be subject to immediate termination under § 3626(b)(2) of the PLRA; and 3) An evidentiary hearing is appropriate in order for the Court to determine whether prospective relief remains necessary to correct a current and ongoing violation of a federal right at Golden Grove under § 3626(b)(3) of the PLRA, and, if so, to ensure that the prospective relief is narrowly tailored to that violation in the manner required by the PLRA.
This litigation began in 1986 when the United States filed a Complaint seeking to enjoin the Virgin Islands Government from allegedly depriving inmates at Golden Grove of the rights, privileges and immunities provided and secured by the United States Constitution. The Complaint alleged that Defendants had failed to: 1) Provide inmates with “minimally adequate medical care for their serious medical needs;” 2) Protect prisoners from “unreasonable fire safety risks to their lives and safety;” 3) Afford the necessary staff supervision and security to protect inmates from “wanton and reckless physical violence by other inmates or staff;” and 4) Provide “minimally adequate sanitation to protect inmates from unreasonable risks to their physical health.” Compl. at 3.
Without conceding liability, but recognizing that the constitutional interests of the inmates were at stake, Defendants entered into a Consent Decree with Plaintiff in 1986 that outlined agreed-upon measures that Defendants would undertake in an effort to eliminate the alleged harms occurring inside Golden Grove. The Consent Decree outlined the objectives of protecting inmates from “unreasonable fire safety risks to their lives and safety” and “wanton and reckless physical violence by other inmates or staff,” as well as providing“minimally adequate sanitation to protect inmates from unreasonable risks to their physical health” and “minimally adequate medical care for the serious medical needs of inmates.” Consent Decree at 3–4. Defendants agreed to complete certain measures to meet these objectives, including the removal of fire hazards, the assignment of a guard in each inmate living unit and a plan for safely evacuating inmates in the event of an emergency. Defendants further agreed to file plans with the Court describing the procedures, strategies and actions to be taken to achieve compliance with the broad objectives of the Consent Decree.
Four years later, Plaintiff filed a Motion asking the Court to hold Defendants in contempt for their alleged failure to comply with the 1986 Consent Decree. Instead of finding Defendants in contempt, the Court adopted and issued the 1990 Plan of Compliance, which was prepared by Plaintiff's experts. Plaintiff and Defendants agreed upon the terms of the Plan, which contained additional provisions, including measures to improve fire safety and medical care.
In February 2003, experts retained by Plaintiff visited Golden Grove for the purpose of providing technical, compliance-related assistance. Their evaluations, conclusions and proposed remedial action addressing Defendants' compliance with the Consent Decree and the 1990 Plan of Compliance were embodied in the 2003 Agreement, to which the parties stipulated and Defendants agreed to implement. Among other measures, the Agreement required Defendants to update correctional procedures and practices, including tool control and suicide prevention; take steps to provide a health assessment to each incoming inmate within fourteen days of arrival; establish a chronic disease clinic; provide nutritionist and psychiatric services; obtain medical and dental equipment; and modernize life safety and environmental sanitation by requiring that all correctional officers receive fire safety training, conduct quarterly fire drills and test the sanitation of kitchen sinks by using chemical indicator strips.
On November 8, 2005, Plaintiff filed a Motion for an Order to Show Cause Why Defendants Should Not be Held in Contempt for their failure to carry out the requirements set forth in the 1986 Consent Decree, the 1990 Plan of Compliance and the 2003 Stipulated Agreement. On February 8, 9, 10 and 13, 2006, the Magistrate Judge of this Court held a hearing on the Motion, after which both parties submitted proposed findings of fact and conclusions of law. The Court adopted the findings of fact and conclusions of law submitted by Plaintiff, which contained a detailed account of Defendants' non-compliance with the Consent Decree, the 1990 Plan of Compliance and the 2003 Stipulated Agreement in the areas of fire safety, inmate security, medical care, and environmental and structural dangers. Based on the factual findings, the Court concluded that there were continuing and ongoing constitutional violations at Golden Grove and held Defendants in contempt of the Court's 1986 Consent Decree, the 1990 Plan of Compliance and the 2003 Stipulated Agreement. The Court also appointed a Special Master to assist the Court in evaluating Defendants' compliance with the Orders of the Court.
On April 3, 2007, a compliance-related hearing was held before the Court. After reviewing the submissions of the Special Master and the parties, the Court implemented the recommendations of the Special Master and Plaintiff through a remedial Order to “address some of the current and ongoing conditions at Golden Grove that contribute to the continued inability of Golden Grove authorities to remedy the findings of contempt entered by this Court on March 23, 2006.” 2007 Order at 2. The May 2007 Order required Defendants to comply with a detailed and comprehensive compliance scheme, including purchases of food services, sanitation products and audible fire alarms; the implementation of a specific command structure; relocation of inmates; new security checkpoints; roofing and electrical repairs; and the completion of pending medical requests and suicide prevention training.
To evaluate Defendants' compliance with the 1986 Consent Decree, the 1990 Plan of Compliance, the 2003 Stipulated Agreement and the May 2007 Order, the Court held periodic status hearings during which the Court emphasized the importance of health care services. On December 10, 2009, the Court issued a fifth Order requiring Defendants to secure a contract with a dental service provider for ongoing dental services at Golden Grove. This Order also required that Defendants report monthly on the provision of dental care, including the number of inmates treated by a dentist and the number of inmates on the waiting list for dental care.
On February 2, 2010, the Court issued a sixth Order, imposing “one final set of extended compliance deadlines as recently agreed to by the parties.” Feb.2010 Order at 4. This Order required Defendants to create and submit plans for hiring, improvements to the physical plant, inmate security, medical services, and the provision of telephone services. The Court made clear that non-compliance with the deadlines for these requirements would provide grounds for subsequent extraordinary relief.
In its most recent Order embodying relief, entered on December 6, 2010, the Court found that Defendants failed to demonstrate substantial compliance with the Court's previous Orders “regarding their duty to provide and maintain constitutionally adequate conditions of confinement” at Golden Grove. Dec. 2010 Order at 1. The Court noted that, while “deadlines have expired without full compliance, progress is being made, albeit slowly....” Id. at 2. The Special Master's recommendations, which included the development of an implementation plan of security-related policies and procedures, and a plan for officer recruitment and incentives, were adopted by the Court. Id. at 2–3.
Seven months later, Defendants filed their Motion to Terminate Prospective Relief. Defendants' filing triggered the automatic stay provision of the PLRA, which served to stay all prospective relief issued in this case effective October 27, 2011. § 3626(e)(2)-(3). Pursuant to the dictates of the PLRA, the prospective relief embodied in the Orders issued by this Court will remain stayed until the Court's resolution of Defendants' Motion to Terminate.
Congress enacted the PLRA in 1996...
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