University of Michigan Law School
Civil Rights Litigation Clearinghouse
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Case Name U.S. v. State of Hawaii [Oahu Correctional Center] JC-HI-0001
Docket / Court 1:08-cv-00585-JMS-KSC ( D. Haw. )
State/Territory Hawaii
Case Type(s) Jail Conditions
Case Summary
On June 16, 2005, the Civil Rights Division of the U.S. Department of Justice, acting pursuant to the Civil Rights of Institutionalized Persons Act (CRIPA), 42 U.S.C. § 1997, commenced an investigation into mental health care conditions and practices at the Oahu Community Correctional Center in ... read more >
On June 16, 2005, the Civil Rights Division of the U.S. Department of Justice, acting pursuant to the Civil Rights of Institutionalized Persons Act (CRIPA), 42 U.S.C. § 1997, commenced an investigation into mental health care conditions and practices at the Oahu Community Correctional Center in Honolulu, Hawaii.

Based on its investigation, the DOJ concluded that the conditions and practices at the Jail violated the constitutional rights of convicted inmates and pre-trial detainees. By letter dated March 14, 2007, the DOJ advised the Hawaii Department of Public Safety of minimum measures it should implement in order to remedy the unconstitutional practices. The recommended reforms included the following: (1) ending the practice of "therapeutic lockdown;" (2) providing adequate treatment or therapy programs and services; (3) monitoring inmates, including those on suicide watch; (4) employing sufficient mental health staff and clinical structures to care adequately for detainees; (5) overhauling policies, procedures, and quality assurance structures aimed at directing the delivery of mental health services; and (6) implementing proper discharge planning.

On December 29, 2008, the DOJ filed a lawsuit under CRIPA against Hawaii, the Department of Public Safety, and the Jail in the U.S. District Court for the District of Hawaii. The next day, the parties settled and Judge J. Michael Seabright granted the parties' joint motion for conditional dismissal. The settlement agreement appointed a monitor to address seclusion and restraints, the administration of psychotropic medications, mental health screening, individualized treatment planning, mental health programming, professional staffing levels, specialized training, maintaining quality assurance, and suicide prevention, and gave the defendants thirty months to comply.

By June 29, 2013, both parties agreed that the state had achieved substantial compliance with the Settlement Agreement provisions in each area except suicide. Judge Seabright extended the November 29, 2013 expiration date of the December 29, 2008 Settlement Agreement until December 13, 2013 (or until the court orders
otherwise).

On December 10, 2013, the court ordered the amended settlement agreement and appointed a monitor. The plan was officially entered on the docket in April of 2014.

On June 25, 2015, the Court granted a joint motion to dismiss by both parties. The state of Hawaii and the Oahu correctional facility was found to have complied with the settlement.

Dan Dalton - 02/04/2008
Jessica Kincaid - 04/18/2015
Brent Winslow - 10/25/2016


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Issues and Causes of Action
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Issues
Affected Gender
Female
Male
General
Rehabilitation
Restraints : chemical
Restraints : physical
Staff (number, training, qualifications, wages)
Suicide prevention
Medical/Mental Health
Medication, administration of
Mental health care, general
Suicide prevention
Plaintiff Type
U.S. Dept of Justice plaintiff
Type of Facility
Government-run
Causes of Action Civil Rights of Institutionalized Persons Act (CRIPA), 42 U.S.C. § 1997 et seq.
Defendant(s) Hawaii Department of Social Services and Housing
Oahu Community Correctional Center
Plaintiff Description U.S. Department of Justice
Indexed Lawyer Organizations None on record
Class action status sought No
Class action status granted No
Prevailing Party Plaintiff
Public Int. Lawyer Yes
Nature of Relief Injunction / Injunctive-like Settlement
Source of Relief Settlement
Form of Settlement Court Approved Settlement or Consent Decree
Conditional Dismissal
Order Duration not on record
Case Closing Year 2015
Case Ongoing No
Additional Resources
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Case Studies After Decision: Implementation of Judicial Decrees in Correctional Settings
Written: Oct. 01, 1977
By: M. Kay Harris & Dudley P. Spiller (Temple University)
Citation: (1977)
[ Detail ] [ PDF ]

  An Analysis of CRIPA Findings Letters Issued to Jails for Constitutional Violations by the Department of Justice
Written: Apr. 15, 2016
By: Jeff Mellow, Bryce E. Peterson & Mijin Kim (John Jay College of Criminal Justice)
Citation: Am. J. Crim. Just. (April 2016)
[ Detail ] [ External Link ]

Docket(s)
1:08-cv-585 (D. Haw.) 07/01/2015
JC-HI-0001-9000.pdf | Detail
PACER [Public Access to Court Electronic Records]
General Documents
Re: Oahu Community Correctional Center 03/14/2007
JC-HI-0001-0001.pdf | Detail
SETTLEMENT AGREEMENT BETWEEN THE UNITED STATES AND THE STATE OF HAWAII 12/29/2008
JC-HI-0001-0003.pdf | Detail
Document Source: U.S. Department of Justice, Civil Rights Division, Special Litigation Section
Joint Motion to Dismiss with Prejudice 12/29/2008 (D. Haw.)
JC-HI-0001-0007.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Correction Action Plan 11/01/2013
JC-HI-0001-0005.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Joint Submission of Corrective Action Plan 11/01/2013
JC-HI-0001-0006.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Order Entering Corrective Action Plan As Order of the Court and Modification of Rule 41(A)(1) Settlement Agreement 12/10/2013
JC-HI-0001-0002.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Order entering Corrective Action Plan as Order of the Court and Modification of Rule 41(a)(1) Settlement Agreement 12/10/2013 (D. Haw.)
JC-HI-0001-0004.pdf | Detail
Document Source: U.S. Department of Justice, Civil Rights Division, Special Litigation Section
Stipulated Amended Corrective Action Plan; Order; Exhibit A 04/16/2014
JC-HI-0001-0008.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Judges Chang, Kevin S.C. (D. Haw.) [Magistrate]
JC-HI-0001-9000
Seabright, John Michael (D. Haw.)
JC-HI-0001-0002 | JC-HI-0001-0007 | JC-HI-0001-0008 | JC-HI-0001-9000
Monitors/Masters None on record
Plaintiff's Lawyers Becker, Grace Chung (District of Columbia)
JC-HI-0001-0003 | JC-HI-0001-0004 | JC-HI-0001-0005
Brown Cutlar, Shanetta Y. (District of Columbia)
JC-HI-0001-0003 | JC-HI-0001-0004 | JC-HI-0001-0005
Coon, Laura (District of Columbia)
JC-HI-0001-0006 | JC-HI-0001-0008
Deerinwater, Verlin Hughes (District of Columbia)
JC-HI-0001-0003 | JC-HI-0001-0004 | JC-HI-0001-0005 | JC-HI-0001-0008 | JC-HI-0001-9000
Fleisher, Aaron S (District of Columbia)
JC-HI-0001-9000
Gregg, Tammie (District of Columbia)
JC-HI-0001-0003 | JC-HI-0001-0004 | JC-HI-0001-0005
Helper, Thomas A. (Hawaii)
JC-HI-0001-9000
Kubo, Edward H. (Hawaii)
JC-HI-0001-0003 | JC-HI-0001-0004 | JC-HI-0001-0005
Mukasey, Michael B. (New York)
JC-HI-0001-0004 | JC-HI-0001-0005
Tong, Lawrence L. (Hawaii)
JC-HI-0001-9000
Defendant's Lawyers AuCoin, Paul M. (Ohio)
JC-HI-0001-9000
Austin, Roy L. (District of Columbia)
JC-HI-0001-0008
Bennett, Mark (Hawaii)
JC-HI-0001-0003 | JC-HI-0001-0004 | JC-HI-0001-0005 | JC-HI-0001-9000
Ginoza, Lisa M. (Hawaii)
JC-HI-0001-9000
Hong, Renee R. Sonobe (Hawaii)
JC-HI-0001-0008 | JC-HI-0001-9000
Louie, David M. (Hawaii)
JC-HI-0001-0008 | JC-HI-0001-9000
Samuels, Jocelyn (District of Columbia)
JC-HI-0001-0008
Smith, Jonathan Mark (District of Columbia)
JC-HI-0001-0008
Stacey, Richard W. (Hawaii)
JC-HI-0001-9000
Taira, Diane K. (Hawaii)
JC-HI-0001-0008 | JC-HI-0001-9000
Other Lawyers Kim, Wan J. (District of Columbia)
JC-HI-0001-0001

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