Case: United States v. Puerto Rico

3:94-cv-02080 | U.S. District Court for the District of Puerto Rico

Filed Date: Aug. 10, 1994

Case Ongoing

Clearinghouse coding complete

Case Summary

On August 10, 1994, after conducting a comprehensive investigation, the United States filed a lawsuit in the U.S. District Court for the District of Puerto Rico. The U.S. sued the Commonwealth of Puerto Rico, the governor, various executive officials, and the directors of several juvenile facilities under the Civil Rights of Institutionalized Persons Act (CRIPA), 42 U.S.C. § 1997 et seq. The U.S., represented by the Civil Rights Division of the Department of Justice (DOJ) and the U.S. Attorney'…

On August 10, 1994, after conducting a comprehensive investigation, the United States filed a lawsuit in the U.S. District Court for the District of Puerto Rico. The U.S. sued the Commonwealth of Puerto Rico, the governor, various executive officials, and the directors of several juvenile facilities under the Civil Rights of Institutionalized Persons Act (CRIPA), 42 U.S.C. § 1997 et seq. The U.S., represented by the Civil Rights Division of the Department of Justice (DOJ) and the U.S. Attorney's Office, asked the court for preliminary and permanent injunctive relief. The U.S. claimed that the defendants failed to protect incarcerated juveniles in detention facilities and training schools from harm. Specifically, the U.S. alleged that the policies, procedures, and conditions at the juvenile facilities in Puerto Rico violated statutory rights and the constitutional guarantees of due process and equal protection.

The United States filed a proposed consent order simultaneously with the complaint, which was entered by the District Court (Judge Carmen Cerezo) as a partial judgment on October 6, 1994. The purpose of the consent order was to address the immediate issues of psychiatric care and overcrowding. The order provided deadlines for the establishment of a mental health care program at the juvenile facilities. The defendants were required to transfer all juveniles who were in need of in-patient mental health treatment to an in-patient facility, to develop a suicide prevention and intervention program, to train the staff that supervised the juveniles in suicidal and self-mutilating behaviors. Regarding the crowding issue, the defendants were required to take steps to reduce the number of juveniles confined in the facilities so that capacity was not exceeded 180 days after the consent decree was entered. The court appointed Orlando Martinez as the monitor to oversee compliance with the order.

On October 7, 1994, the United States submitted a comprehensive settlement agreement and filed a motion to enter the settlement agreement as an additional order. The agreement provided that the defendant would construct new facilities and remodel the existing facilities, develop a manual of the policies and procedures that govern the operation of the institutions, develop a handbook for the juveniles advising them of their rights and the rules of conduct, and ensure that the juvenile institutions were adequately staffed. It further provided for the development and implementation of a classification system to ensure that juveniles were placed in the least restrictive setting possible, for the development of an efficient and effective mental healthcare program, which would include a substance abuse program, and for the development of an adequate education program. Finally, the agreement provided that physical force was only to be used in justifiable self-defense, for the protection of others, or for the prevention of escape. Isolation was only deemed appropriate when a juvenile posed immediate threat to themselves or others. On the same day, the District Court (Judge Cerezo) granted the United States' motion to enter the settlement agreement as an order. The court retained jurisdiction to monitor implementation of the settlement agreement.

On March 12, 1997, the parties informed the Court that Congress had enacted the Prison Litigation Reform Act (PLRA) and that the statute required the Court make certain findings regarding its previous orders. The parties also advised the Court that they would continue to meet with the Court Monitor and arrive at an agreed upon motion with regard to the current conditions in the facilities and the need for continued judicial oversight. And on October 7, 1997, the United States filed a Motion to Enter Settlement Agreement as an Order of the Court and for a Finding of Compliance with the Prison Litigation Reform Act. By Order dated December 12, 1997, the District Court approved the Settlement Agreement.

Remediation continued from 1997 to 2007. On March 8, 2007, the defendants filed a motion to terminate the prospective relief order entered by the Court on December 12, 1997, pursuant to the PLRA. Under the PLRA, ordinarily such a motion is the basis for a stay of pending remediation after 30 days, but on April 10, the Court found good cause for postponement of the automatic stay until June 6, 2007 and set an evidentiary hearing for May 7, 2008. Defendants appealed this finding. The day before the hearing, the parties settled, and filed a motion setting out which parts of the prior settlement agreements would remain in effect and which would be terminated. The hearing then supplied the basis for approval of the remaining provisions.

In addition to leaving in place a number of the provisions of the existing agreement, the parties implemented new requirements of sufficient direct care staffing to supervise in recreational, leisure and treatment activities with the juveniles; and new regulation of the response to allegations of abuse and mistreatment.

On April 28, 2008, the United States filed a Motion for Specific Performance and Supplemental Relief in an effort to protect youth from staffing shortages. The U.S. agreed to defer enforcement while the defendants pursued alternative measures. When the alternative measures proved ineffective, the two parties entered into a stipulation that required the hiring and training of additional staff and subsequent monitoring of the remedy. The Court approved the stipulation on January 8, 2009. After the United States determined that the defendants failed to adequately implement the remediation steps, the United States filed a Motion for Contempt on July 2, 2009. The Court denied the motion, stating that the defendants showed reasonable diligence in attempting to fulfill the Stipulated Order. The United States appealed on May 21, 2010; the First Circuit dismissed the appeal. U.S. v. Puerto Rico, 642 F.3d 103 (1st Cir. 2011).

The defendants moved to terminate particular relief provisions of the parties’ Settlement Agreement in May 2010, August 2011, October 2012, May 2016, March 2018, and June 2019. The Court granted the first five motions to terminate their respective relief provisions, and the sixth motion is pending. The parties filed a joint motion to terminate two additional provisions in July 2014 because the defendants were in compliance per the monitoring report for the first quarter of 2014.

From 2009 until 2018, Warren F. Benton acted as the monitor issuing quarterly reports. In the second quarter of 2018, Kimberly B. Tandy assumed monitoring duties. The case was reassigned to Judge Gustavo Gelpi on December 19, 2019.

After years of status reports, the court issued an order on November 11, 2020 to convene a three-judge panel to determine whether to release prisoners from the juvenile facilities subject to the consent decree in light of "a most appalling and disturbing predicament which jeopardizes the mental and physical well-being of their population." 2020 WL 6948174. The order was issued in response to a monitoring report that found that one quarter of the juvenile population at these facilities was hospitalized between July 1 and September 30, 2020 due to suicide or mutilation attempts. During that same period, one third of the juvenile population engaged in suicidal ideation, gestures of intent (including serious attempts by hanging), or self-mutilation. The court reprimanded the Commonwealth for "fail[ing] to remedy the juveniles' inexcusable deprivation of constitutional rights" and concluded that the court was obligated to intervene to protect the mental health and safety of the juvenile prisoners. The court elected to convene a three-judge panel to determine whether a prisoner release was appropriate, citing the facilities' lack of capacity.

Four days later, on November 16, 2020, the court issued another order enforcing a previous order that directed the Commonwealth to identify the personnel and contractors who were essential to the Commonwealth's efforts to comply with the settlement agreement and subsequent orders, which the Commonwealth had failed to do. In the November 16th order, the court threatened to hold the Commonwealth in contempt and subject it to sanctions for continued noncompliance and asserted that it would "do all that is in its power to address the drastic and noncompliant posture of the Commonwealth." The Commonwealth complied the following day. In response, the court issued an order preventing essential personnel from being transferred, removed, or terminated without the court's permission. The order also required essential contractors to continue providing services (with compensation) even after their contracts expired unless the court permitted them to cease.

The court continued to express its impatience with the Commonwealth in subsequent orders, noting in one that "[t]he Commonwealth's self-serving characterization of its compliance efforts is its own."

On December 9, 2020, the court designated First Circuit Court of Appeals Judge David J. Barron, District of Puerto Rico Judge Francisco A. Besosa, and District of Puerto Rico Chief Judge Gustavo A. Gelpi to serve on the three-judge panel. The case is ongoing.

Summary Authors

Kaitlin Corkran (5/31/2006)

Richard Jolly (11/25/2014)

Saeeda Joseph-Charles (11/2/2016)

Justin Hill (11/3/2019)

Becca Rogers (12/20/2020)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/5389446/parties/usa-v-commonwealth-of-pr/


Judge(s)
Attorney for Plaintiff
Attorney for Defendant

Agostini, Jose A. Fuentes (Puerto Rico)

Aldarondo-Ortiz, Eliezer (Puerto Rico)

Almonte-Duluc, Gittel (Puerto Rico)

Annexy-Guevara, Beatriz (Puerto Rico)

Barreto-Sola, Rafael E. (Puerto Rico)

Expert/Monitor/Master/Other
Judge(s)

Besosa, Francisco Augusto (Puerto Rico)

Cerezo, Carmen Consuelo (Puerto Rico)

Gelpí, Gustavo Antonio Jr. (Puerto Rico)

Lipez, Kermit Victor (Maine)

show all people

Documents in the Clearinghouse

Document

3:94-cv-02080

Docket (PACER)

U.S. v. Puerto Rico

Dec. 18, 2020

Dec. 18, 2020

Docket

Notice Letter re: CRIPA Investigation of Juvenile Facilities in the Commonwealth of Puerto Rico

U.S. v. Puerto Rico

No Court

Oct. 9, 1991

Oct. 9, 1991

Notice Letter

Findings Letter re: CRIPA Investigation of Juvenile Facilities in the Commonwealth of Puerto Rico

U.S. v. Puerto Rico

No Court

Dec. 2, 1992

Dec. 2, 1992

Findings Letter/Report
3

3:94-cv-02080

Amended Complaint

U.S. v. Puerto Rico

Aug. 22, 1994

Aug. 22, 1994

Complaint

Findings Letter re: CRIPA Investigation of Juvenile Facilities in the Commonwealth of Puerto Rico

U.S. v. Puerto Rico

No Court

Sept. 14, 1994

Sept. 14, 1994

Findings Letter/Report

3:94-cv-02080

Consent Order

U.S. v. Puerto Rico

Oct. 11, 1994

Oct. 11, 1994

Order/Opinion

3:94-cv-02080

Settlement Agreement

U.S. v. Puerto Rico

Oct. 7, 1997

Oct. 7, 1997

Settlement Agreement
22

3:94-cv-02080

United States' Motion for Leave to Amend Complaint

U.S. v. Puerto Rico

Oct. 7, 1997

Oct. 7, 1997

Pleading / Motion / Brief
21

3:94-cv-02080

United States' Motion to Enter Settlement Agreement as an Order of the Court and for a Finding of Compliance with the Prison Litigation Reform Act

U.S. v. Puerto Rico

Oct. 7, 1997

Oct. 7, 1997

Pleading / Motion / Brief

3:94-cv-02080

Affidavit of Orlando L. Martinez

U.S. v. Puerto Rico

Oct. 7, 1997

Oct. 7, 1997

Pleading / Motion / Brief

Docket

See docket on RECAP: https://www.courtlistener.com/docket/5389446/usa-v-commonwealth-of-pr/

Last updated Feb. 15, 2024, 3 a.m.

ECF Number Description Date Link Date / Link
85

ORDER [76-1] mot. submitting emergency plans, Noted, granting [77-1] motion for Andrew J. Toland to Appear Pro Hac Vice granting [78-1] motion for Luis F. Del Valle-Emmanuelli to Withdraw as Attorney (Terminated attorney Luis F. Del-Valle-Emmanuelli for All Defendants, attorney Luis F. Del-Valle-Emmanuelli for Lydia Lasalle, attorney Luis F. Del-Valle-Emmanuelli Julio Cualio-Bonet, attorney Luis F. Del-Valle-Emmanuelli for Francisco Rivera-Mayor, attorney Luis F. Del-Valle-Emmanuelli for Francisca Aponte, attorney Luis F. Del-Valle-Emmanuelli for Norma Cruz, attorney Luis F. Del-Valle-Emmanuelli for Edgard Ortiz-Albino, attorney Luis F. Del-Valle-Emmanuelli for Daniel Vazquez-Torres, attorney Luis F. Del-Valle-Emmanuelli for Carmen Rodriguez, attorney Luis F. Del-Valle-Emmanuelli for Pedro Pierluisi, attorney Luis F. Del-Valle-Emmanuelli for Victor Fajardo, attorney Luis F. Del-Valle-Emmanuelli for Astrid Oyola-de-Benitez, attorney Luis F. Del-Valle-Emmanuelli for Carmen Feliciano-Vda.-de-Me, attorney Luis F. Del-Valle-Emmanuelli for Miguel Rivera, attorney Luis F. Del-Valle-Emmanuelli Zoraida Buxo, attorney Luis F. Del-Valle-Emmanuelli for Juvenile Inst. Adm., attorney Luis F. Del-Valle-Emmanuelli for Pedro J. Rossello, attorney Luis F. for Commonwealth of PR ( signed by Magistrate Judge Aida Delgado-Colon ) (re)

Sept. 27, 1999

Sept. 27, 1999

PACER
92

ORDER re: Monitor's report regarding Fundacion Cena II Barbosa facility (dkt. #91). The Administrator of AIJ or his representative will state his position regarding the Monitor's Report prior to 10/8/99, etc. as stated herein. setting Motion Filing deadline to 10/4/99 ( signed by Magistrate Judge Aida M. Delgado-Colon ) (re)

Oct. 6, 1999

Oct. 6, 1999

PACER
93

ORDER: Atty. Toland's letter dated 10/6/99 will be filed and made part of the record. ( signed by Magistrate Judge Aida M. Delgado-Colon ) (re)

Oct. 8, 1999

Oct. 8, 1999

PACER
95

Informative Motion by All Defendants re: transfer of juveniles from Cena II to other facilities on 10/6/99 (il)

Oct. 14, 1999

Oct. 14, 1999

PACER
96

ORDER reset Telephone Conference for 9:00 10/28/99 before Magistrate Judge Aida M. Delgado-Colon ( signed by Magistrate Judge Aida M. Delgado-Colon ) (np)

Oct. 18, 1999

Oct. 18, 1999

PACER
97

ORDER granting [82-1] motion to Seal certain exhs. granting [83-1] motion requesting an order requiring witnesses' cooperation [84-1] opposition response to dkt. #80, Noted. ( signed by Magistrate Judge Aida M. Delgado-Colon ) (re)

Nov. 1, 1999

Nov. 1, 1999

PACER
105

Minute entry: The Mag Judge Aida Delgado is authorized to enter any order that is necessary in order to assure the safety of the juveniles and compliance w/the Consent Decree in which the parties have entered. ( Judge Carmen C. Cerezo ) (ov)

Feb. 7, 2000

Feb. 7, 2000

PACER
106

ORDER: That dfts immediately take all actions necessary to protect the federal rights of juveniles held in Cena I Canovanas and Cena II-Rio Grande, etc; that the USMS shall assist dfts in carrying out this order including accompanying AIJ personnel to Cena I and Cena III in order to assist in the closing of ea. of the facilities and the transferring of the juveniles, etc as stated herein. ( signed by Magistrate Judge Aida M. Delgado-Colon ) (ov) Modified on 02/08/2000

Feb. 8, 2000

Feb. 8, 2000

PACER
111

ORDER re: [110-1] document(s): Dkt. #110 is to be filed, made part of the record and kept sealed until further order of the Ct. ( signed by Magistrate Judge Aida M. Delgado-Colon ) (re)

Feb. 10, 2000

Feb. 10, 2000

PACER
113

ORDER setting evidentiary hrg. for 10:00 2/16/00 before Magistrate Judge Aida M. Delgado-Colon, etc. as stated herein. ( signed by Magistrate Judge Aida M. Delgado-Colon ) (re)

Feb. 14, 2000

Feb. 14, 2000

PACER
114

ORDER for issuance of subpoena, etc. as stated herein signed by Magistrate Judge Aida M. Delgado-Colon ) (re)

Feb. 14, 2000

Feb. 14, 2000

PACER
119

ORDER: Dkt. #120 is ordered sealed, etc. AIJ is instructed to report on or before 3/17/00 what actions, if any, have been undertaken re: dkt. #120. setting Motion Filing deadline to 3/17/00 ( signed by Magistrate Judge Aida M. Delgado-Colon ) (re)

Feb. 29, 2000

Feb. 29, 2000

PACER
125

ORDER granting [51-1] motion for Daliah Lugo Auffant to Withdraw as Attorney (Terminated attorney Daliah Lugo-Auffant for Commonwealth of PR granting [60-1] motion to Continue hrg. set for 7/8/99, granting [60-2] motion to schedule depositions granting [63-1] motion to Extend Time for a period of 10 days to provide pltf's comments on the draft Agency Policy and Procedure Manual mooting [69-1] motion for Leave to File reply to pltf's. opp. to mot. to set aside referral of the case to the Mag. Judge, mooting [69-2] motion to Extend Time to supplement the mot. to set aside referral, etc. w/transcript excerpts, mooting [69-3] motion to Vacate order setting hrg. on 7/27/99 ( signed by Magistrate Judge Aida M. Delgado-Colon ) (re)

March 17, 2000

March 17, 2000

PACER
131

ORDER: Telephone conf. held on 5/24/00. The pts. requested a continuance of the hrg. set for 6/14/00. The req. is granted. resetting General Calendar Call for 1:00 6/16/00 before Magistrate Judge Aida M. Delgado-Colon, etc. ( signed by Magistrate Judge Aida M. Delgado-Colon ) (re)

May 30, 2000

May 30, 2000

PACER
134

REPORT AND RECOMMENDATION of Magistrate Judge Aida M. Delgado-Colon. It is recommended that Mr. Jose Juan Garcia be sanctioned for having blatantly and clearly engaged in conduct that resulted in the obstruction of the execution of the 2/7/00 order. In addition, it is recommended that the entire record in regards to these events be made available to the Commonwealth and USDOJ for whatever action is deemed proper. Case no longer referred to Objections to R and R due by 7/10/00 (re)

June 30, 2000

June 30, 2000

PACER
139

Minute entry: The pts. shall state their positions, if any, as to the obj. to the Mag. Judge's R & R filed by Fundacion CENA, Inc. and Mr. Jose J. Garcia (dkt. #136 within 20 days. set Motion Filing deadline to 9/5/00 ( Judge Carmen C. Cerezo ) (re)

Aug. 9, 2000

Aug. 9, 2000

PACER
147

ORDER mooting [79-1] motion to Extend Time until 9/21/99 to file informative mot. re: production of documents mooting [94-1] motion to Extend Time until 10/8/99 to file an informative mot. concerning the Cena II facility [99-1] motion to Accept Spanish Language Documents Noted. [102-1] motion to Accept Spanish Language Documents attached to Government dfts' sixthinformative motion Noted., [102-1] motion information Noted. mooting [108-1] motion stay execution of jdmt. granting [118-1] motion to Seal the same mooting [135-1] motion to Extend Time for a period of 10 days to file objections to the Mag. Judge's R & R ( signed by Magistrate Judge Aida M. Delgado-Colon ) (re)

Sept. 15, 2000

Sept. 15, 2000

PACER
149

Declaration of Al Lick submitted by USA w/attach. (re)

Sept. 22, 2000

Sept. 22, 2000

PACER
172

ORDER setting Status Conference for 10:00 3/6/01 before Magistrate Judge Aida M. Delgado-Colon ( signed by Magistrate Judge Aida M. Delgado-Colon ) (re)

Feb. 16, 2001

Feb. 16, 2001

PACER
199

ORDER granting [155-1] motion to Seal Document(s), mooting [159-1] motion to Extend Time for 15 days to file obj to R&R, granting [175-1] motion for Leave to File mot. re: objections to Mag-Judge's R & R, mooting [160-1] motion to Extend Time until 12/15/00 to file their detailed Capital Development Plan, granting [165-1] motion for Andrew J. Toland to Withdraw as Attorney (Terminated attorney Andrew J. Toland for All Defendants, mooting [165-2] motion to Continue all hgrs. and deadlines in this case for 75 days, mooting [165-3] motion to Extend Time for a period of 75 days to announce new legal representation, mooting [168-1] motion to Extend Time until 11/28/00 to file response to Monitor's report ( signed by Judge Carmen C. Cerezo ) (np)

June 1, 2001

June 1, 2001

PACER
208

ORDER: The Commonwealth of P. R. is expressly ordered that it must provide access to t he Monito to the premises and all AIJ facilities as well as records which are necessary for him to carry out his duties under the Cosent Decree, etc. ( signed by Judge Carmen C. Cerezo ) (re)

June 7, 2001

June 7, 2001

PACER
219

Minute entry: Status conf. held. Certain matters were discussed. setting Status Conference for 4:45 7/30/01 before Judge Carmen C. Cerezo . Mr. Martinez is granted 15 days to fully comply w/the 6/7/01 order. setting Motion Filing deadline to 8/6/01, etc. as stated herein. ( Judge Carmen C. Cerezo ) (re)

July 18, 2001

July 18, 2001

PACER
224

Minute entry: [222-1] sealed document(s), Noted. Status conf. set for 7/30/01 is vacated ; granting [221-1] motion to Seal Document(s) ( Judge Carmen C. Cerezo ) (re)

July 30, 2001

July 30, 2001

PACER
226

Minute entry: granting [184-1] motion to Withdraw [144-1] motion to terminate Ponce Detention and Treatment Center for Girls from litiagation by All Defendants mooting [151-1] motion for Leave to File reply memorandum in support of mot. to terminate Ponce Detention and Treatment Center for girls from litigation granting [179-1] motion for Rick Nemcik to Withdraw as Attorney (Terminated attorney Rick Nemcik-Cruz for Commonwealth of PR mooting [180-1] motion to Continue status conf. set for 4/24/01 mooting [195-1] motion to Extend Time until 5/28/01 to file response to the Monitor's Report and defts' comprehensive work plan ( Judge Carmen C. Cerezo ) (re)

Aug. 1, 2001

Aug. 1, 2001

PACER
227

ORDER FOR PARTIAL DISMISSAL the Ponce Girls facility from the rest of the litigation in this case, subject to the terms and conditions of the remainder of this order. ( signed by Judge Carmen C. Cerezo ) (re)

Aug. 3, 2001

Aug. 3, 2001

PACER
228

Minute entry: granting [223-1] motion to Extend Time until 8/21/01 to respond to the ct's order due to medical emergency setting Motion Filing deadline to 8/21/01 ( Judge Carmen C. Cerezo ) (re)

Aug. 3, 2001

Aug. 3, 2001

PACER
229

Minute entry: Status conf. held. Acting Monitor, Mr. Burgos will have to file the 90 day report on the Institutions by 9/18/01, etc. setting report deadline to 9/18/01, setting Status Conference for 9:30 9/24/01 before Magistrate Judge Aida M. Delgado-Colon ( Magistrate Judge Aida M. Delgado-Colon ) (re)

Aug. 3, 2001

Aug. 3, 2001

PACER
234

STATUS CONF. REPORT AND ORDER: S/C held. setting Status Conference for 9:30 9/24/01 before Magistrate Judge Aida M. Delgado-Colon ( signed by Magistrate Judge Aida M. Delgado-Colon ) (re)

Aug. 30, 2001

Aug. 30, 2001

PACER
249

ORDER granting [239-1] joint motion to request order to adopt propose plan for payment of the expenses of the Court Monitor [240-1] mot. depositing monies, Noted; [241-1] motion to request referral to magistrate, Noted; [242-1] mot. submitting invoices, Noted; granting [239-1] joint motion to request order to adopt propose plan for payment of the expenses of the Court Monitor. The Clerk of Ct. shall issue a check payable to acting Ct. Monitor Javier T. Burgosin the amt. of $16,513.01 to cover his compensation and expenses for the mos. of August and September 2001. ( signed by Judge Carmen C. Cerezo ) (re)

Nov. 26, 2001

Nov. 26, 2001

PACER
252

ORDER re: letter received on Mag's chambers signed by Mr. George Garrido will be filed and made part of the record. Copy of the same is to be provided to cnsl for the pts. ( signed by Magistrate Judge Aida M. Delgado-Colon ) (ft)

Jan. 16, 2002

Jan. 16, 2002

PACER
258

REPORT ON STATUS CONF. HELD AND ORDER SETTING NEXT CONF. S/C held on various occaions. setting Status Conference for 2:00 2/19/02 before Magistrate Judge Aida M. Delgado-Colon [241-1] motion to request referral to magistrate, Noted; approving [242-1] mot. submitting invoices of the Acting Monitor, etc. as stated herein. ( signed by Magistrate Judge Aida M. Delgado-Colon ) (re)

Feb. 11, 2002

Feb. 11, 2002

PACER
259

ORDER: It is ordered that the payment of the Interim Ct. Monitor's expenses as set forth in the methodology previously adopted by the Ct. be made part of the referral in this matter to Mag. Judge Aida M. Delgado Colon. ( signed by Judge Carmen C. Cerezo ) (re)

Feb. 11, 2002

Feb. 11, 2002

PACER
263

ORDER: Dkt. #258, report on status conf. is to be amended as follows: At page 8, Sec. C (pending mots), dkt. #242 should read dkt. #248, mot. submitting invoices of the action monitor (October 2001). The Clerk of Ct. will proceed accordingly. ( signed by Magistrate Judge Aida M. Delgado-Colon ) (re)

Feb. 14, 2002

Feb. 14, 2002

PACER
267

ORDER The status conf. set for 2/19/02 is vacated, etc., setting Settlement Conference for 2:00 3/1/02 before Magistrate Judge Aida Delgado-Colon ( signed by Magistrate Judge Aida M. Delgado-Colon ) (re)

Feb. 19, 2002

Feb. 19, 2002

PACER
268

MOTION by Javier T. Burgos requesting payment of expenses for the mos. of Feb. 2002 pursuant to the terms of the Compensation Agreement (re)

March 22, 2002

March 22, 2002

PACER
270

ORDER granting [268-1] motion requesting payment of expenses for the mos. of Feb. 2002 pursuant to the terms of the Compensation Agreement. At the time the 3/18/02 order (dkt. #270) was issued, granting the payment of the Monitor's 2/2002 invoice, said invoice has not been property docketed by the Clerk ofCt. Therefore, said part of the order is now vacated. ( signed by Magistrate Judge Aida M. Delgado-Colon ) (re)

April 1, 2002

April 1, 2002

PACER
271

CHECK # 2524153 in the amount of $ 8,217.24 payable to Javier T. Burgos issued (re)

April 2, 2002

April 2, 2002

PACER
274

ORDER granting [272-1] motion requesting payment of the same ( signed by Magistrate Judge Aida M. Delgado-Colon ) (re)

April 17, 2002

April 17, 2002

PACER
275

ORDER resetting Status Conference for 2:00 6/26/02 before Magistrate Judge Aida M. Delgado-Colon, etc. The 5/1/02 status conf. remains in effect. ( signed by Magistrate Judge Aida M. Delgado-Colon ) (re)

April 18, 2002

April 18, 2002

PACER
277

ORDER setting Status Conference for 9:30 5/1/02 before Magistrate Judge Aida M. Delgado-Colon ( signed by Magistrate Judge Aida M. Delgado-Colon ) (re)

April 30, 2002

April 30, 2002

PACER
278

Minute entry: S/C held. Various matters discussed. Next S/C on privately operated institutions is scheduled for 6/26/02 setting status conf. for 2:00 6/26/02 before Magistrate Judge Aida M. Delgado-Colon, and second. status conf. will be held on 7/9/02. setting Status Conference for 9:30 7/9/02 before Magistrate Judge Aida M. Delgado-Colon ( Magistrate Judge Aida M. Delgado-Colon ) (re)

May 1, 2002

May 1, 2002

PACER
282

ORDER granting [280-1] motion requesting payment of Ct. Monitor's invoice for the month of April 2002 ( signed by Magistrate Judge Aida M. Delgado-Colon ) (ov)

May 20, 2002

May 20, 2002

PACER
283

ORDER [279-1] informative motion in compliance w/order, Noted, [281-1] informative motion in compliance w/order, Noted. ( signed by Magistrate Judge Aida M. Delgado-Colon ) (re)

May 23, 2002

May 23, 2002

PACER
285

ORDER setting Status Conference for 2:00 6/26/02 before Magistrate Judge Aida M. Delgado-Colon, etc. ( signed by Magistrate Judge Aida M. Delgado-Colon ) (re)

May 29, 2002

May 29, 2002

PACER
287

MINUTES AND ORDER: The Monitor is granted until 5/30/02 to file his Annual Report, etc. setting Status Report deadline to 5/30/02, resetting Status Conference for 9:30 7/12/02 before Magistrate Judge Aida M. Delgado-Colon etc. ( signed by Magistrate Judge Aida M. Delgado-Colon ) (re)

June 6, 2002

June 6, 2002

PACER
293

ORDER resetting General Calendar Call for 2:00 7/8/02 before Magistrate Judge Aida M. Delgado-Colon ( signed by Magistrate Judge Aida M. Delgado-Colon ) (re)

June 24, 2002

June 24, 2002

PACER
294

ORDER granting [288-1] motion requesting payment of the invoice for compensation and expenses for May 2002 ( signed by Magistrate Judge Aida M. Delgado-Colon ) (re)

June 24, 2002

June 24, 2002

PACER
295

ORDER [291-1] motion requesting clarification of minutes of the proceedings held on 5/1/02, Noted, etc. as stated herein. ( signed by Magistrate Judge Aida M. Delgado-Colon ) (re)

June 24, 2002

June 24, 2002

PACER
296

ORDER granting [290-1] motion to Extend Time until 6/21/02 to file evaluation report of prevately-operated facilities setting Status Report deadline to 6/21/02 ( signed by Magistrate Judge Aida M. Delgado-Colon ) (re)

June 24, 2002

June 24, 2002

PACER
303

Minute entry: Status conf. held. A f-up report must be filed 8/1/02. setting Status Report deadline to 8/1/02, setting Status Conference for 9:30 8/2/02 before Magistrate Judge Aida M. Delgado-Colon ( Magistrate Judge Aida M. Delgado-Colon ) (re)

July 12, 2002

July 12, 2002

PACER
304

ORDER granting [301-1] motion requesting payment of Ct. Monitor's invoice for the month of June 2002 ( signed by Magistrate Judge Aida M. Delgado-Colon ) (re)

July 26, 2002

July 26, 2002

PACER
307

Minute entry: Status conf. held on the f-up visits to privately operated institutions. setting Status Conference for 9:30 9/19/02 before Magistrate Judge Aida M. Delgado-Colon ( Magistrate Judge Aida M. Delgado-Colon ) (re)

Aug. 2, 2002

Aug. 2, 2002

PACER
310

ORDER granting [239-1] joint motion to request order to adopt propose plan for payment of the expenses of the Court Monitor granting [309-1] motion requesting payment of expenses for 7/2002 ( signed by Judge Carmen C. Cerezo ) (re)

Aug. 27, 2002

Aug. 27, 2002

PACER
311

ORDER granting [308-1] informative motion re: Monitor. It is ordered that forthwith F. Warren Benton, Ph.D. shall serve as the ct. monitor pursuant to paragraph 100 of the Consent Decree entered in this matter. ( signed by Judge Carmen C. Cerezo ) (re)

Aug. 27, 2002

Aug. 27, 2002

PACER
314

Minute entry: The [313-1] informative motion is ordered filed and is noted w/approval . ( Judge Carmen C. Cerezo ) (ct)

Sept. 9, 2002

Sept. 9, 2002

PACER
317

ORDER denying [238-1] motion requesting payment for services rendered by ex-Monitor Orlando Martinez; terminating [256-1] joint motion to request order for referral of matters relating to the payment of interim ct monitor's expenses to the Mag Judge. Dkt. #256 was granted by order issued on 2/11/02 (dkt. #259). ( signed by Judge Carmen C. Cerezo ) (re)

Sept. 11, 2002

Sept. 11, 2002

PACER
318

Minute entry dated 9/19/02: Status Conf. held on 9/19/02. The Mag. mentions matters left in agendea from the 8/2002 conf. Mr. Benton, Ct. Moniotor, reports important changes to achieve compiiance and compeltion of the case w/a structured reporting, agreeed among the pts., for efficiency, accountability and monitoring. Other matters discussed. setting Status Conference for 1:00 12/12/02 before Magistrate Judge Aida M. Delgado-Colon ( Magistrate Judge Aida M. Delgado-Colon ) (re) Modified on 10/01/2002

Sept. 19, 2002

Sept. 19, 2002

PACER
320

ORDER granting [315-1] motion requesting payment of ct. monitor's invoice for 8/2002 granting [316-1] motion requesting payment of ct's interim monitor for 8/2002 ( signed by Judge Carmen C. Cerezo ) (re)

Oct. 1, 2002

Oct. 1, 2002

PACER
326

ORDER granting [323-1] motion requesting payment of expenses for 9/2002 ( signed by Magistrate Judge Aida M. Delgado-Colon ) (re)

Oct. 18, 2002

Oct. 18, 2002

PACER
331

ORDER granting [239-1] joint motion to request order to adopt propose plan for payment of the expenses of the Court Monitor granting [328-1] motion req. payment of invoice for compensation and expenses for 10/2002 ( signed by Magistrate Judge Aida M. Delgado-Colon ) (re)

Dec. 12, 2002

Dec. 12, 2002

PACER
332

ORDER granting [330-1] motion requesting payment of invoice for compensation and expenses for 11/2002. The Clerk of the Ct shall issue a check payable to USA CPR Monitoring, Inc, for $33,180.61 to cover compensation and expenses for the month of 11/02. ( signed by Magistrate Judge Aida M. Delgado-Colon ) (ov)

Dec. 13, 2002

Dec. 13, 2002

PACER
334

Minute entry dated 12/12/02: Status conf. held. setting Annual Report deadline to 1/31/03, setting Status Conference for 1:00 2/13/03 before Magistrate Judge Aida M. Delgado-Colon . Various docs. provided by Daniel Weis, Trial Atty. and by Esther Crispin, deft's atty., which are attached to this minutes of proceedings. ( Magistrate Judge Aida M. Delgado-Colon ) (re) Modified on 01/08/2003

Dec. 27, 2002

Dec. 27, 2002

PACER
339

Minute entry: granting [335-1] motion for setting status conf. set Status Conference for 4:45 2/13/03 before Judge Carmen C. Cerezo (signed by Judge Carmen C. Cerezo) (cm) Modified on 01/29/2003

Jan. 27, 2003

Jan. 27, 2003

PACER
340

ORDER granting [337-1] miscellaneous, [338-1] informative motion Noted. The Clerk of Court shall issue a check payable to USA CPR Monitoring, Inc., in the amount of $25,694.99 to cover expenses for the month of December. ( signed by Magistrate Judge Aida M. Delgado-Colon ) (cm)

Jan. 29, 2003

Jan. 29, 2003

PACER
345

AMENDED Minute entry dated 12/12/02: Status conf. held on 12/12/02. setting Status Report deadline to 1/31/03, setting Status Conference for 1:00 2/13/03 before Magistrate Judge Aida M. Delgado-Colon . Various docs. provided by Daniel Weis, Trial atty and by Esther Crispin, deft's atty., which are attached to this minutes of proceedings. ( Magistrate Judge Aida M. Delgado-Colon ) (re)

Feb. 12, 2003

Feb. 12, 2003

PACER
346

Minute entry: S/C held in chambers. Present were Daniel Weiss, counself for Pltf, Esther Crespin-Cruz, Taraneh Ferdman, and Carlos Del-Valle-Cruz, counsel for Deft. Another in-chambers meeting will be held. Mag.Judge Delgado-Colon will be requested to attend. set In Chambers Conference for 3:00 5/9/03 before Judge Carmen C. Cerezo ( Judge Carmen C. Cerezo ) (cm)

Feb. 13, 2003

Feb. 13, 2003

PACER
351

ORDER granting [347-1] miscellaneous [348-1] notice Noted. The Clerk of the Court shall issue a check payable to US CPR Monitoring, Inc., in the amt of $28,786.09 to cover compensation and expenses for the month of January 2003( signed by Judge Carmen C. Cerezo ) (ja) Modified on 03/07/2003

March 7, 2003

March 7, 2003

PACER
357

Minute entry: terminating [273-1] motion requesting authorization to the proposed date for the filing of the Annual Report of the Ct. Monitor, the same was disposed by Mag. Judge Delgado on 6/6/02; mooting [297-1] motion to Extend Time until 6/27/02 to submit evaluation report of the privately operated facility Rio Grande Treatment Center [298-1] motion requesting payment for services rendered Noted. ( Judge Carmen C. Cerezo ) (re)

March 28, 2003

March 28, 2003

PACER
358

ORDER granting [355-1] motion requesting payment of expenses for 2/2003 in the amt. of $18,629.33 ( signed by Magistrate Judge Aida M. Delgado-Colon ) (re)

April 2, 2003

April 2, 2003

PACER
361

ORDER [356-1] mt, submitting compensation agreement and depositing budget, Noted. ( signed by Judge Carmen C. Cerezo ) (re)

April 7, 2003

April 7, 2003

PACER
362

ORDER: The Monitor is req. an ext. of time to file his Jan-March 2003 Quarterly Report. The Req. is granted. setting Status Report deadline to 5/7/03 ( signed by Magistrate Judge Aida M. Delgado-Colon ) (re)

May 2, 2003

May 2, 2003

PACER
369

Minute entry: Meeting in chambers held on 5/9/03. setting follow-up meeting for 2:00 8/25/03 before Judge Carmen C. Cerezo ( Judge Carmen C. Cerezo ) (re)

May 21, 2003

May 21, 2003

PACER
373

ORDER [368-1] motion response to dkt. #364, Noted; granting [364-1] motion requesting payment of invoice re: March 2003 ( signed by Magistrate Judge Aida M. Delgado-Colon ) (re)

May 29, 2003

May 29, 2003

PACER
376

ORDER granting [366-1] motion requesting payment of Monitor's Invoice April 2003 granting [372-1] motion to Extend Time until 5/29/03 to respond to the Minitor's invoice for the month of 4/2003 and noted; [374-1] motion response to dkt. #366, Noted. ( signed by Judge Carmen C. Cerezo ) (re)

June 3, 2003

June 3, 2003

PACER
381

ORDER granting [379-1] motion requesting payment of invoice of service rendered during the mos of May 2003. Clerk shall issue a check payable to USA CPR Monitoring, Inc. in the amt of $36,359.85. ( signed by Magistrate Judge Gustavo A. Gelpi ) (ni)

June 30, 2003

June 30, 2003

PACER
386

ORDER granting [384-1] motion requesting payment of invoice re: June 2003 ( signed by Magistrate Judge Aida M. Delgado-Colon ) (re)

July 24, 2003

July 24, 2003

PACER
392

ORDER granting [383-1] motion to request for standing order for monthly partial payment of salary and related expenses for employees of the Monitor's Office ( signed by Judge Carmen C. Cerezo ) (ft)

Aug. 25, 2003

Aug. 25, 2003

PACER
396

Minute entry: Status conf. held. setting consent order and sltmt. agreement modification proposeal and joint partial proposal Filing deadline to 11/7/03, setting joint monitoring report filing deadline to 12/1/03, setting another Status Conference for 2:00 11/17/03 before Judge Carmen C. Cerezo ( Judge Carmen C. Cerezo ) (re)

Sept. 5, 2003

Sept. 5, 2003

PACER
398

Minute entry: mooting [354-1] motion for setting status conf. mooting [363-1] motion to Extend Time until 5/16/03 to informally comment on the Minitor's 90 day Report ( Judge Carmen C. Cerezo ) (re)

Sept. 16, 2003

Sept. 16, 2003

PACER
399

ORDER: Mr. Orlando Martinez shall submit to the Ct., by no later than 9/30/03, an itemized invoice detailing the number of hrs. worked during each of the mos. in question. setting Motion Filing deadline to 9/30/03 . The Commonwealth shall state any objs. to Mr. Martinez' invoice by no later than 10/10/03. setting Notice of Compliance deadline to 10/10/03 ( signed by Judge Carmen C. Cerezo ) (re)

Sept. 17, 2003

Sept. 17, 2003

PACER
401

ORDER granting [393-1] motion req. payment of invoice for the month of 7/2003 ( signed by Magistrate Judge Aida M. Delgado-Colon ) (ja)

Sept. 23, 2003

Sept. 23, 2003

PACER
402

ORDER granting [397-1] motion requesting paymnet of invoice for 8/2003 ( signed by Magistrate Judge Aida M. Delgado-Colon ) (ja)

Sept. 23, 2003

Sept. 23, 2003

PACER
414

ORDER [410-1] amended motion to amend billing date for Ct. Minitor's invoice submitted for the month of 9/2003. Noted, order approving payment issued on 10/28/03 is to be considered amended to reflect that the period fo which payment was issued was the "up to 9/21/03". ( signed by Magistrate Judge Gustavo A. Gelpi ) (np)

Nov. 3, 2003

Nov. 3, 2003

PACER
419

ORDER granting [409-1] motion req. payment of Monitor's invoice for the period of 9/1/03 to 9/26/03 ($36,307.48) ( signed by Magistrate Judge Aida M. Delgado-Colon ) (re)

Nov. 13, 2003

Nov. 13, 2003

PACER
428

Minute entry: granting [413-1] mot. to file the Monitor's Quarterly Report July-Sept. 2003 ( Judge Carmen C. Cerezo ) (re)

Dec. 10, 2003

Dec. 10, 2003

PACER
429

Minute entry: Status conf. held on 11/17/03. Various matters discussed. setting f-up Status Conference for 2:00 3/1/04 before Judge Carmen C. Cerezo ( Judge Carmen C. Cerezo ) (re)

Dec. 10, 2003

Dec. 10, 2003

PACER
430

ORDER granting [421-1] motion requesting the payment of Ct. Monitor's Invoice - October 2003 ($12,644.66) ( signed by Judge Carmen C. Cerezo ) (re)

Dec. 12, 2003

Dec. 12, 2003

PACER
431

ORDER granting [416-1] joint mot. to clarifiy provisions. The provisions of the relevant orders are modified consstent w/the language proposed in the Joint Mot. ( signed by Judge Carmen C. Cerezo ) (re)

Dec. 12, 2003

Dec. 12, 2003

PACER
444

MONITORS' 2003 ANNUAL REPORT by Javier T. Burgos. (Attachments: # (1) Exhibit Monitors' 2003 Annual Report)(re, )

2 Exhibit Monitors' 2003 Annual Report

View on PACER

Feb. 24, 2004

Feb. 24, 2004

PACER
445

INFORMATIVE Motion filed by all parties (Del-Valle-Cruz, Carlos)

Feb. 27, 2004

Feb. 27, 2004

PACER
446

REPORT Corrective Action Plan ? 78 by all parties. (Del-Valle-Cruz, Carlos)

Feb. 27, 2004

Feb. 27, 2004

PACER
447

ORDER finding as moot [436] Motion for extension of time, granting [437] Motion for Disbursement of Funds, granting [440] Motion requesting Order,[441] Motion to File Monitor's 2003 Annual Report. Signed by Judge Carmen C Cerezo on 03/04/04. (mmd)

March 4, 2004

March 4, 2004

PACER
448

Minute Entry for proceedings held before Judge Carmen C Cerezo : Status Conference held on 3/4/2004. Status Conference set for 5/3/2004 02:00 PM in CC's Chambers before Carmen C Cerezo. (gsr, )

March 4, 2004

March 4, 2004

PACER
449

ORDER noted [445] Informative motion. Signed by Judge Carmen C Cerezo on 03/05/04. (mmd)

March 5, 2004

March 5, 2004

PACER
451

MOTION for Leave to File letter clarifying minutes of 3/1/04 status conf. filed by Javier T. Burgos Suggestions in opposition/response due by 3/22/2004 (Attachments: # (1) Exhibit Letter dated 3/9/04 from F. Warren Benton, Ph.D., Monitor)(re, )

2 Exhibit Letter dated 3/9/04 from F. Warren Benton, Ph.D., Monitor

View on PACER

March 9, 2004

March 9, 2004

PACER
452

INFORMATIVE Motion Submitting Interagency Agreement filed by Taraneh K. Ferdman on behalf of all defendants (Attachments: # (1) Exhibit Interagency Agreement# (2) Exhibit Interagency Agreement Translation)(Ferdman, Taraneh)

2 Exhibit Interagency Agreement

View on PACER

3 Exhibit Interagency Agreement Translation

View on PACER

March 15, 2004

March 15, 2004

PACER
453

MOTION Submitting United States' Comments on the Court Monitor's 2003 Annual Report re:[441] Report filed by Warren Benton, [444] Report filed by Javier T. Burgos filed by Luis E. Saucedo on behalf of USA (Attachments: # (1) Supplement US Comments on 2003 Annual Report# (2) Appendix US-Monitor Correspondence 12-30-03# (3) Appendix US-Monitor Correspondence 01-09-04# (4) Appendix US-Monitor Correspondence 02-20-04)(Related document(s)[441], [444]) (Saucedo, Luis)

2 Supplement US Comments on 2003 Annual Report

View on PACER

3 Appendix US-Monitor Correspondence 12-30-03

View on PACER

4 Appendix US-Monitor Correspondence 01-09-04

View on PACER

5 Appendix US-Monitor Correspondence 02-20-04

View on PACER

March 16, 2004

March 16, 2004

PACER
457

MOTION requesting Order filed by Javier T. Burgos (Attachments: # (1) Exhibit Certification# (2) Exhibit Receipts)(re, )

2 Exhibit Certification

View on PACER

3 Exhibit Receipts

View on PACER

March 17, 2004

March 17, 2004

PACER
456

MOTION requesting Order For Payment filed by Erick Morales-Perez on behalf of Orlando L. Martinez (Morales-Perez, Erick)

March 24, 2004

March 24, 2004

PACER
459

ORDER welcoming Monitor's views on concerns raised by the United States at paragraphs 4 and 5 of its motion and attachment. Signed by Judge Carmen C. Cerezo on 03/31/04. (mmd)

April 2, 2004

April 2, 2004

PACER

Case Details

State / Territory: Puerto Rico

Case Type(s):

Juvenile Institution

Special Collection(s):

Post-PLRA enforceable consent decrees

Multi-LexSum (in sample)

Key Dates

Filing Date: Aug. 10, 1994

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

U.S. Department of Justice

Plaintiff Type(s):

U.S. Dept of Justice plaintiff

Attorney Organizations:

U.S. Dept. of Justice Civil Rights Division

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Cabo Rojo Industrial School , School District

The Central Treatment Center (Guanabo), None

Guaynabo Training School, None

Juvenile Institutions Administration, None

Metropolitan Training School at Bayam-n (Bayamon), None

Ponce Central Training School, None

Ponce Detention Center for Girls, None

Ponce Industrial School for Girls and Boys, None

Department of Corrections and Rehabilitation, None

Commonwealth of Puerto Rico, None

Defendant Type(s):

Corrections

Case Details

Causes of Action:

Civil Rights of Institutionalized Persons Act (CRIPA), 42 U.S.C. § 1997 et seq.

Indv. w/ Disab. Educ. Act (IDEA), Educ. of All Handcpd. Children Act , 20 U.S.C. § 1400

Section 504 (Rehabilitation Act), 29 U.S.C. § 701

Constitutional Clause(s):

Due Process

Equal Protection

Available Documents:

Trial Court Docket

Complaint (any)

Injunctive (or Injunctive-like) Relief

Any published opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Order Duration: 1994 - None

Content of Injunction:

Reporting

Monitoring

Goals (e.g., for hiring, admissions)

Training

Issues

General:

Classification / placement

Conditions of confinement

Disciplinary procedures

Education

Fire safety

Food service / nutrition / hydration

Juveniles

Mail

Pattern or Practice

Phone

Recreation / Exercise

Rehabilitation

Sanitation / living conditions

Staff (number, training, qualifications, wages)

Suicide prevention

Jails, Prisons, Detention Centers, and Other Institutions:

Disciplinary segregation

Crowding / caseload

Assault/abuse by staff (facilities)

Disability and Disability Rights:

Special education

Medical/Mental Health:

Medical care, unspecified

Medication, administration of

Mental health care, general

Type of Facility:

Government-run