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Case Name Spear v. Waihee PC-HI-0001
Docket / Court 84 -1104 ( D. Haw. )
State/Territory Hawaii
Case Type(s) Prison Conditions
Attorney Organization ACLU National (all projects)
ACLU National Prison Project
Case Summary
On September 14, 1984, inmates confined at Oahu Community Correctional Center in Honolulu and at the Hawaii Women's Correctional Facility in Kailua filed a class action law suit on behalf of themselves and all inmates who are or will be confined at the facilities against the Hawaii Department of ... read more >
On September 14, 1984, inmates confined at Oahu Community Correctional Center in Honolulu and at the Hawaii Women's Correctional Facility in Kailua filed a class action law suit on behalf of themselves and all inmates who are or will be confined at the facilities against the Hawaii Department of Social Services and Housing and its Correctional Division. The law suit was filed in the United States District Court for the District of Hawaii pursuant to 42 U.S.C. § 1983 alleging Eighth and Fourteenth Amendment violations. Plaintiffs, represented by the ACLU National Prison Project and the ACLU of Hawaii, sought declaratory and injunctive relief.

General allegations included severe overcrowding, violence, health risks, deficient medical and mental health services, insufficient security, improper classification, and disciplinary measures and procedures that were punitive and lacked any rational penological purpose. Plaintiffs also alleged that the living conditions were inadequate because of the deteriorating structure of the facilities, plumbing issues, noise levels, unbearably hot temperatures, poor ventilation, inadequate lighting, fire hazards, shortages of sheets and pillows, cell size, and rodent and insect problems. Food services at the facility were also allegedly inadequate and presented serious health hazards due to the manner in which food was prepared, stored, handled, and served and due to the sizes and conditions of the kitchens. Finally, Plaintiffs alleged that the correctional facilities lacked employment, educational, recreational, and exercise opportunities.

On October 14, 1985, the U.S. District Court (Judge Spencer Williams) entered a consent decree submitted by the parties wherein plans were presented to modify conditions in the areas of medical, dental and mental health services; environmental health and safety conditions and practices; and population management, classification, security and other correctional policies. On January 10, 1986, the parties submitted additional plans to be incorporated into the consent decree regarding medical and mental health care and food services.

In November of 1986 the parties agreed to an additional stipulation that Correctional Division representatives would no longer participate in semi-annual inspections of defendants' compliance with the consent decree. On January 21, 1987 the parties entered into a supplemental agreement regarding hiring additional medical and mental health personnel; improving the facilities' medical plans and recordkeeping; improving fire safety; increasing food service, correctional, janitorial, and maintenance staff; developing a new classification system; and providing meaningful, structured activities for the inmates. Defendants were also required to reduce overcrowding and renovate certain parts of the existing facilities as well as submit plans for constructing a new facility to replace those parts that were being demolished. On November 19, 1993, the court entered the parties' proposed Final Settlement Agreement, which provided for court-appointed monitors.

On December 9, 1996 the U.S. District Court (Judge Samuel P. King) entered a Stipulation of Final Compliance stating that the parties agreed that the parties were in substantial complaince with the consent decree except in regard to completion of the new facility, which was still under construction. Defendants were instructed to continue reporting to plaintiffs regarding their compliance until 1999 when construction was expected to be completed. We have no further information about this case.

Emilee Baker - 09/15/2006

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Issues and Causes of Action
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Constitutional Clause
Cruel and Unusual Punishment
Due Process
Crowding / caseload
Assault/abuse by residents/inmates/students
Bathing and hygiene
Classification / placement
Disciplinary procedures
Disciplinary segregation
Fire safety
Food service / nutrition / hydration
Recreation / Exercise
Sanitation / living conditions
Staff (number, training, qualifications, wages)
Totality of conditions
Medical/Mental Health
Dental care
Medical care, general
Mental health care, general
Type of Facility
Causes of Action 42 U.S.C. ยง 1983
Defendant(s) Hawaii Women's Correctional Facility
Oahu Community Correctional Center
Plaintiff Description All inmates who are or will be confined at the Oahu Community Correctional Center in Honolulu, Hawaii and the Hawaii Women's Correctional Facility in Kailua, Hawaii, and any of its annexes.
Indexed Lawyer Organizations ACLU National (all projects)
ACLU National Prison Project
Class action status sought Yes
Class action status granted Yes
Filed Pro Se Unknown
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 1985 - 1999
Filing Year 1984
Case Closing Year 1999
Case Ongoing No
Additional Resources
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  Civil Rights Injunctions Over Time: A Case Study of Jail and Prison Court Orders
N.Y.U. Law Review
Date: May 2006
By: Margo Schlanger (Washington University Faculty)
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
Date: Jan. 1, 1998
By: Malcolm M. Feeley & Edward Rubin (UC Berkeley Boalt Hall School of Law & Vanderbilt School of Law Faculty Faculty)
Citation: (1998)
[ Detail ]

No docket sheet currently in the collection
General Documents
Complaint; Summons (Class Action)
PC-HI-0001-0001.pdf | Detail
Date: 09/14/1984
Consent Decree (Class Action) (D. Haw.)
PC-HI-0001-0010.pdf | Detail
Date: 06/12/1985
Stipulation of Settlement; Order (Class Action) (10-07-85)
PC-HI-0001-0003.pdf | Detail
Date: 09/11/1985
Final Order (Class Action) (D. Haw.)
PC-HI-0001-0002.pdf | Detail
Date: 10/04/1985
Implementation Plans Submitted to the Court for Approval and Incorporation into the Consent Decree (Class Action)
PC-HI-0001-0004.pdf | Detail
Date: 01/11/1986
Order (D. Haw.)
PC-HI-0001-0005.pdf | Detail
Date: 02/25/1986
Stipulation of the Parties (Class Action)
PC-HI-0001-0006.pdf | Detail
Date: 11/24/1986
Supplemental Agreement (Class Action)
PC-HI-0001-0007.pdf | Detail
Date: 01/14/1987
Order Approving Proposed Final Settlement Agreement (Class Action) (D. Haw.)
PC-HI-0001-0008.pdf | Detail
Date: 07/13/1993
Stipulation of Substantial Compliance and Dismissal; Exhibit B; Order (Class Action) (12-09-96)
PC-HI-0001-0009.pdf | Detail
Date: 12/09/1996
Judges King, Samuel Pailthorpe (D. Haw.)
PC-HI-0001-0008 | PC-HI-0001-0009
Williams, Spencer Mortimer (N.D. Cal.)
PC-HI-0001-0002 | PC-HI-0001-0003 | PC-HI-0001-0005 | PC-HI-0001-0007 | PC-HI-0001-0010
Monitors/Masters Duel, Ward (District of Columbia)
Enomoto, Jerry (Nevada)
Furuya, Charles (Hawaii)
McManus, Patrick D. (Minnesota)
Michael, Jerrold (Hawaii)
Plaintiff's Lawyers Berman, Pamela J. (Hawaii)
PC-HI-0001-0001 | PC-HI-0001-0003 | PC-HI-0001-0010
Bronstein, Alvin J. (District of Columbia)
PC-HI-0001-0001 | PC-HI-0001-0003 | PC-HI-0001-0006 | PC-HI-0001-0007 | PC-HI-0001-0008 | PC-HI-0001-0009 | PC-HI-0001-0010
Davis, Mark S (Hawaii)
PC-HI-0001-0001 | PC-HI-0001-0003 | PC-HI-0001-0010
Foley, Daniel R. (Hawaii)
PC-HI-0001-0003 | PC-HI-0001-0006 | PC-HI-0001-0007 | PC-HI-0001-0008 | PC-HI-0001-0009 | PC-HI-0001-0010
McClymont, Mary E. (District of Columbia)
PC-HI-0001-0001 | PC-HI-0001-0003 | PC-HI-0001-0006 | PC-HI-0001-0007 | PC-HI-0001-0010
Seitz, Eric A. (Hawaii)
PC-HI-0001-0001 | PC-HI-0001-0003 | PC-HI-0001-0010
Varady, Carl M. (Hawaii)
PC-HI-0001-0008 | PC-HI-0001-0009
Wilson, Michael D. (Hawaii)
PC-HI-0001-0001 | PC-HI-0001-0003 | PC-HI-0001-0010
Defendant's Lawyers BARR, SUSAN (Hawaii)
Bronster, Margery S. (Hawaii)
Campbell, John Jr. (Hawaii)
PC-HI-0001-0006 | PC-HI-0001-0007
Dannenberg, James H. (Hawaii)
PC-HI-0001-0003 | PC-HI-0001-0004 | PC-HI-0001-0010
Grayson, Glenn S. (Missouri)
PC-HI-0001-0006 | PC-HI-0001-0007
Marks, Robert A. (Hawaii)
Michaels, Steven S. (Hawaii)
Watanabe, Corinne K.A. (Hawaii)
Other Lawyers Hoyle, John C. (District of Columbia)

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