University of Michigan Law School
Civil Rights Litigation Clearinghouse
new search
page permalink
Case Name Goldsmith v. Dean PC-VT-0001
Docket / Court 93-CV-383 ( D. Vt. )
State/Territory Vermont
Case Type(s) Prison Conditions
Attorney Organization ACLU National (all projects)
ACLU National Prison Project
Case Summary
On December 13, 1993, the National Prison Project ("NPP") of the American Civil Liberties Union ("ACLU") brought an action pursuant to 42 U.S.C. § 1983 against the Vermont Department of Corrections in United States District Court for the District of Vermont alleging violations of First, Fourth, ... read more >
On December 13, 1993, the National Prison Project ("NPP") of the American Civil Liberties Union ("ACLU") brought an action pursuant to 42 U.S.C. § 1983 against the Vermont Department of Corrections in United States District Court for the District of Vermont alleging violations of First, Fourth, Fifth, Eighth, Ninth and Fourteenth Amendments rights of persons confined in Vermont prisons. Plaintiffs sought injunctive and declaratory relief.

Plaintiffs specifically alleged that the conditions at Vermont's prison facilities fell below contemporary standards of human decency. Plaintiffs also sought relief from the policies and practices of the defendants in connection with two programs: the Vermont Treatment Program for Sexual Aggressors and the Violent Offender Program. These programs allegedly involved unreasonable intrusions on plaintiffs' bodily integrity and mental processes, inflicted needless pain and suffering, and threaten plaintiffs' physical and mental well-being. Plaintiffs also alleged that access to physicians in Vermont's prisons was severely limited, and that the Department of Correction routinely failed to provide emergency medical services to inmates.

On March 9, 1994, the plaintiff class was certified as "persons who are now or who will in the future be confined in Vermont prisons and all persons who are now or will in the future be subject to the policies and practices of the Vermont Department of Corrections and the Vermont Parole Board with respect to the Vermont Treatment Program for Sexual Aggressors and the Violent Offender Program."

On April 4, 1996, the parties signed a Settlement Agreement which addressed the above issues and called for the appointment of several impartial experts to monitor compliance for a period of 24 months. Between April 18, 1996 and June 10, 1996 the District Court (Magistrate Judge Jerome J. Niedermeier) received objections by class members to the proposed settlement.

On June 11, 1996 the District Court approved the settlement and dismissed the case without prejudice, except for plaintiffs' claims regarding independent medical care providers, which were dismissed with prejudice. The PACER docket ends at that point and we have no further information on this case.

Emilee Baker - 11/03/2006


compress summary

- click to show/hide ALL -
Issues and Causes of Action
click to show/hide detail
Issues
Affected Gender
Female
Male
Crowding
Crowding / caseload
General
Bathing and hygiene
Disciplinary procedures
Fire safety
Food service / nutrition / hydration
Recreation / Exercise
Rehabilitation
Sanitation / living conditions
Totality of conditions
Medical/Mental Health
Medical care, general
Mental health care, general
Type of Facility
Government-run
Causes of Action 42 U.S.C. § 1983
Defendant(s) Vermont Department of Corrections
Vermont Parole Board
Plaintiff Description Persons who are or will be confined in VT prisons and persons who are or will be subject to the policies/practices of the VT Dept of Corrections and Parole Board with respect to the VT Treatment Program for Sexual Aggressors and Violent Offenders Program
Indexed Lawyer Organizations ACLU National (all projects)
ACLU National Prison Project
Class action status sought Yes
Class action status granted Yes
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
Order Duration 1996 - 1998
Case Closing Year 1996
Case Ongoing No
Additional Resources
click to show/hide detail
Case Studies Civil Rights Injunctions Over Time: A Case Study of Jail and Prison Court Orders
N.Y.U. Law Review
By: Margo Schlanger (Washington University)
Citation: 81 N.Y.U. L. Rev. 550 (2006)
[ Detail ] [ PDF ] [ External Link ]

  Judicial Policy Making and the Modern State: How the Courts Reformed America's Prisons
By: Malcolm M. Feeley & Edward Rubin (UC Berkeley Boalt Hall School of Law & Vanderbilt School of Law Faculty)
Citation: (1998)
[ Detail ]

Docket(s)
93-CV-383 (D. Vt.) 06/11/1996
PC-VT-0001-9000 PDF | Detail
PACER [Public Access to Court Electronic Records]
General Documents
Class Action Complaint for Injunctive and Declaratory Relief 12/13/1993
PC-VT-0001-0001 PDF | Detail
Settlement Agreement 04/11/1996
PC-VT-0001-0002 PDF | Detail
Order 06/10/1996 (D. Vt.)
PC-VT-0001-0003 PDF | Detail
Re: Settlement Agreement 06/14/1996
PC-VT-0001-0004 PDF | Detail
Judges Murtha, John Garvan (D. Vt.)
PC-VT-0001-9000
Niedermeier, Jerome J. (D. Vt.) [Magistrate]
PC-VT-0001-0003 | PC-VT-0001-9000
Parker, Fred I. (D. Vt., Second Circuit)
PC-VT-0001-9000
Sessions, William K. III (D. Vt.)
PC-VT-0001-9000
Monitors/Masters Breed, Allen F. (California)
PC-VT-0001-0004
Plaintiff's Lawyers Balaban, Eric G. (District of Columbia)
PC-VT-0001-9000
Davis, Christopher Lee (Vermont)
PC-VT-0001-0001 | PC-VT-0001-9000
Koren, Edward I. (District of Columbia)
PC-VT-0001-0001 | PC-VT-0001-9000
Pearl, Mitchell L. (Vermont)
PC-VT-0001-0001 | PC-VT-0001-0002 | PC-VT-0001-9000
Rifkin, Marjorie Lynn (District of Columbia)
PC-VT-0001-0001 | PC-VT-0001-0002 | PC-VT-0001-0004 | PC-VT-0001-9000
Winter, Margaret (District of Columbia)
PC-VT-0001-0001 | PC-VT-0001-9000
Defendant's Lawyers Arisman, James Stephen (Vermont)
PC-VT-0001-9000
Markus, Renee Susan (Vermont)
PC-VT-0001-0004 | PC-VT-0001-9000
Rocchio, David M. (Vermont)
PC-VT-0001-0002 | PC-VT-0001-0004 | PC-VT-0001-9000
Rushford, Thomas John (Vermont)
PC-VT-0001-9000
Winn, Joseph Leon (Vermont)
PC-VT-0001-9000
Other Lawyers None on record

- click to show/hide ALL -

new search
page permalink

- top of page -