On April 10, 1998, the United States notified Governor Pedro P. Tenorio of the Commonwealth of the Northern Mariana Islands (Commonwealth) of its intention to investigate conditions at the corrections and detention institutions on the Commonwealth pursuant to the Civil Rights of Institutionalized Persons Act (CRIPA), 42 U.S.C. § 1997 et seq. The United States investigated conditions at six facilities: the Saipan Prison Complex, the Saipan Detention Facility ("SDF"), the Kagman Youth Facility on Saipan, the Saipan Immigration Detention Facility, the Tinian Detention Facility, and the Rota Detention Facility. On August 5, 1998, the United States sent a findings letter to the Governor stating that conditions at these six facilities violated the constitutional rights of the inmates.
The investigation was initiated after the Justice Department (DOJ) received reports that the prisons and jails had severe safety, health, sanitation, fire-safety and security deficiencies. Cells were locked with padlocks, fire alarms did not function, showers were caked with mold, buildings lacked artificial lighting, the facilities lacked any medical personnel or any health screenings, resulting in a tuberculosis epidemic, and buildings lacked ventilation and adequate staffing.
After notifying the Commonwealth of its findings, the United States filed a lawsuit on February 23, 1999, in the United States District Court for the Northern Mariana Islands against the Commonwealth of the Northern Mariana Islands pursuant to CRIPA and the Police Pattern and Practice of Misconduct Statute, 42 U.S.C. §14141. The complaint alleged failure to provide adequate supervision, security, and medical and mental healthcare for both pre-trial detainees and post-conviction prisoners. The United States also alleged that the Commonwealth failed to ensure adequate environmental health, sanitation, and fire safety for the pre-trial detainees and post-conviction prisoners. This case was assigned to Chief Judge Ramona V. Manglona.
Concurrent with the complaint, the parties filed a consent decree that provided for: facility population projections, space requirements, programming and services including medical care, mental health care, food service, and protection from harm, staffing and staff training, security and emergency planning, funding, fire safety measures, food sanitation provisions, hygiene and sanitation provisions, health screenings, and increased security. The district court approved the consent decree on February 25, 1999.
On June 4, 2009, the district court held that after a "rocky" start, the Commonwealth, had made progress. The court noted that in 2003, the defendant had begun submitting quarterly reports outlining the status of operations at the Adult Correctional Facility, Immigration Detention, Juvenile Detention Unit, Rota Detention, and Tinian Detention. Coordination had been ongoing between the Commonwealth and the DOJ in the form of formal reports as well as frequent, informal exchanges of information between the parties. Substantial progress had been made by the Commonwealth including a collaborative, constructive relationship with the DOJ. Following the on-site visit to all of the governed facilities by counsel and retained experts on behalf of the DOJ, progress continued on the issues identified by the parties. The district court ordered the Commonwealth to provide information regarding their medical system to the DOJ for review to assess substantial compliance and the long-term sustainability of the medical system.
On January 30, 2014, the district court deferred ruling on the joint motion to terminate the consent decree pending the parties' submission of a final report. The final status report was filed on April 30, 2014. After finding that the Commonwealth had substantially complied with the terms of the consent decree, the court granted the joint motion to terminate the consent decree on May 20, 2014.
This case is now closed.
Rebekah Henn Sullivan - 07/26/2005
Jessica Kincaid - 03/09/2014
Hannah Greenhouse - 03/21/2019
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