Case: Perry v. Fair

4:89-cv-00031 | U.S. District Court for the District of Massachusetts

Filed Date: Jan. 5, 1989

Closed Date: 1993

Clearinghouse coding complete

Case Summary

On January 5, 1989, five prisoners at the Worcester County Jail and House of Correction ("the Jail") filed a class action lawsuit in the U.S. District Court for the District of Massachusetts against the County of Worcester, the County Sheriff, and the Massachusetts Departments of Correction and Public Health. The plaintiffs, represented by Massachusetts Correctional Legal Services and private counsel, brought their suit under 42 U.S.C. § 1983, alleging that the conditions at the Jail violated t…

On January 5, 1989, five prisoners at the Worcester County Jail and House of Correction ("the Jail") filed a class action lawsuit in the U.S. District Court for the District of Massachusetts against the County of Worcester, the County Sheriff, and the Massachusetts Departments of Correction and Public Health. The plaintiffs, represented by Massachusetts Correctional Legal Services and private counsel, brought their suit under 42 U.S.C. § 1983, alleging that the conditions at the Jail violated their rights under the Constitution of the United States and the laws of Massachusetts. They sought declaratory and injunctive relief.

On May 11, 1989, the District Court certified the case as a class action, appointing plaintiffs as representatives of a class of all present and future persons housed at the Jail and of two subclasses, one of pretrial detainees housed at the Jail and the other of sentenced inmates housed at the jail.

On August 30, 1989, the parties informed the Court that they had reached a settlement, and on October 6, 1989, the Court (Judge Rya W. Zobel) issued an order approving the parties proposed consent decree. The terms of the decree called for a series of population caps, ending in 1990 at 188 pretrial detainees and 290 sentenced inmates, and imposed requirements regarding admission procedure, access to the courts, medical care and treatment, visitation, activities and jobs for prisoners, food services, and linens and bedding. Defendants were required to submit progress reports for the first three years of the decree, and the Court retained jurisdiction to enforce compliance.

The Massachusetts Department of Public Health, the only defendant not to join in the settlement, moved the Court to dismiss it from the action, and on December 28, 1989, the Court (Judge Zobel) granted its motion, finding that plaintiffs had not stated a cause of action against it. Perry v. Fair, 1989 WL 159600, 1989 U.S. Dist. LEXIS 16302 (D. Mass. 1989).

The docket indicates that following these developments, the Court appointed a special master, William E. Bernstein, who served from July 12, 1990, to October 5, 1993, overseeing compliance for the Court. It also indicates that the Court issued an order clarifying the consent decree on February 21, 1995, and granted plaintiffs' motion for attorneys' fees on September 11, 1995, awarding them $106,917.40 in fees and $12,776.29 in other expenses. The Court also terminated a motion to amend the decree and a motion to compel compliance on September 30, 1998. (We currently have no further information on the content of these motions.)

There is no activity on the docket for the following eight years; activity resumed when, in 2006, the defendants moved to vacate or terminate the consent decree in light of the Prison Litigation Reform Act. Eventually, the parties came to an agreement on how to amend the consent decree and submitted it to the court on July 3, 2007. The changes included an increase in the population cap to 1,251 prisoners due to the building of new facilities with higher capacity, deletion of the requirements regarding admission procedures, access to the courts, medical care and treatment, visitation, food services, and linens and bedding as no longer necessary, and the addition of a clause causing the decree to terminate when additional facilities were constructed at the jail with a rated capacity of 200.

The Court (Judge Zobel) approved the amendment on July 23, 2007, and then on November 8 approved a slightly different version that added details on compliance with the population cap.

As of January 31, 2018, there was no further litigation, and the case is presumably now closed.

Summary Authors

Christopher Schad (7/19/2012)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/9527545/parties/perry-v-corrections/


Documents in the Clearinghouse

Documents in this case

4:89-cv-00031

Docket (PACER)

Perry v. Commissioner of Corrections

April 8, 2008

April 8, 2008

Docket
144-2

4:89-cv-00031

Consent Decree

Oct. 6, 1989

Oct. 6, 1989

Settlement Agreement

4:89-cv-00031

Memorandum of Decision [Dismissing Defendant Public Health Commissioner from the Case]

Dec. 28, 1989

Dec. 28, 1989

Order/Opinion

1989 WL 159600

177

4:89-cv-00031

Joint Motion to Amend Consent Decree [and Defendant Sheriff's] Memorandum of Law in Support

Perry v. Glodis

July 3, 2007

July 3, 2007

Pleading / Motion / Brief
179

4:89-cv-00031

Modification to Consent Decree

July 23, 2007

July 23, 2007

Settlement Agreement
185

4:89-cv-00031

Amended Modification to Consent Decree

Nov. 8, 2007

Nov. 8, 2007

Settlement Agreement

Docket

See docket on RECAP: https://www.courtlistener.com/docket/9527545/perry-v-corrections/

Last updated March 18, 2026, 5:20 a.m.

ECF Number Date Description Link
1 Jan. 5, 1989

Complaint filed (dfs) (Entered: 06/20/1991)

RECAP
11 Feb. 8, 1989

Answer to Complaint by Worcester County Sheriff (dfs) (Entered: 06/20/1991)

RECAP
16 March 27, 1989

Motion by Fitzpatrick Perry, Guy H Levia, Frank Ginese, James Lyons, Joseph Sacco to certify class action (dfs) (Entered: 06/20/1991)

RECAP
17 March 27, 1989

Memorandum by Fitzpatrick Perry, Guy H Levia, Frank Ginese, James Lyons, Joseph Sacco in support of [16-1] motion to certify class action (dfs) (Entered: 06/20/1991)

RECAP
April 25, 1989

Judge Rya W. Zobel . Endorsed Order granting [16-1] motion to certify class action (dfs)

22 April 27, 1989

Answer to Complaint by Corrections, Dept of (dfs) (Entered: 06/20/1991)

RECAP
23 May 3, 1989

Answer to Complaint by Deborah Prothrow-Stith (dfs) (Entered: 06/20/1991)

RECAP
54 Aug. 30, 1989

CONSENT DECREE (dfs) (Entered: 06/20/1991)

RECAP
42 Sept. 11, 1989

Answer to Complaint by John R. Sharry (dfs) (Entered: 06/20/1991)

RECAP
43 Sept. 11, 1989

Answer to Complaint by Francis J. Holloway (dfs) (Entered: 06/20/1991)

RECAP
44 Sept. 11, 1989

Answer to Complaint by Paul X. Tivnan (dfs) (Entered: 06/20/1991)

RECAP
Oct. 6, 1989

Judge Rya W. Zobel . Endorsed Order approving Consent Decree (#54) (dfs)

Jan. 17, 1990

Case assigned to Judge Rya W. Zobel (vah)

93 July 12, 1990

Judge Rya W. Zobel . Order referring case to William E. Bernstein as special master (dfs) (Entered: 06/20/1991)

RECAP
94 July 12, 1990

Judge Rya W. Zobel . Order appointing Special Master (dfs) (Entered: 06/20/1991)

RECAP
102 Feb. 27, 1991

Ltr. dated 2/26/91 from Atty. Bernstein, Special Master enclosing a copy of bi-monthly bill filed. (dfs) (Entered: 02/28/1991)

RECAP
Feb. 27, 1991

Refer to Paper Docket for other entries prior to January 1, 1991. (dfs) Modified on 06/20/1991

104 May 6, 1991

Fifth Compliance Report filed, c/s. (dfs) (Entered: 05/28/1991)

RECAP
May 6, 1991

Judge Rya W. Zobel . Endorsement Re: [104-1] Fifth Compliance Report: "Noted." cc/cl. (dfs)

103 May 21, 1991

Ltr. dated 5/20/91 enclosing copy of bi-monthly bill from Atty. Bernstein, Special Master filed. (dfs) (Entered: 05/22/1991)

RECAP
105 July 8, 1991

Notice by Fitzpatrick Perry in 4:89-cv-00031, Guy H Levia in 4:89-cv-00031, Frank Ginese in 4:89-cv-00031, James Lyons in 4:89-cv-00031, Joseph Sacco in 4:89-cv-00031 to take deposition of Worc. County Treasurer's Office on 7/24/91 @10:00 a.m. filed, c/s. (dfs) (Entered: 07/23/1991)

RECAP
106 July 23, 1991

Bill for services rendered filed in the amt. of $1446.73 for Weinstein, Bernstein & Burwick. (dfs) (Entered: 08/02/1991)

RECAP
107 Aug. 2, 1991

Notice by Fitzpatrick Perry in 4:89-cv-00031, Guy H Levia in 4:89-cv-00031, Frank Ginese in 4:89-cv-00031, James Lyons in 4:89-cv-00031, Joseph Sacco in 4:89-cv-00031 to take deposition of Worc. County Sheriff's Office on 8/12/91 @10:00 a.m. filed, c/s. (dfs) (Entered: 08/21/1991)

RECAP
108 Sept. 11, 1991

Ltr. dated 9/7/91 from Mr. Mierzejewski re: comparison in treatment of inmates at Worcester House of Correction filed. (dfs) (Entered: 10/15/1991)

RECAP
109 Oct. 4, 1991

Response dated 10/4/91 from Judge Zobel to ltr. from Mr. Mierzejewski dated 9/7/91. (dfs) (Entered: 10/15/1991)

RECAP
Nov. 9, 1992

Case reassigned from Judge Zobel to Judge Nathaniel M. Gorton . Notice sent to counsel. (ktb) Modified on 11/23/1992

110 Aug. 30, 1993

Motion by Worc County Sherrif in 4:89-cv-00031 to alter or amend Consent Decree pursuant to Fed. Rules of Civil Procedure Rule 60(b)(6) and Short Order of Notice Pursuant to Rule 6(d) filed, c/s. (dfs) (Entered: 08/30/1993)

RECAP
111 Aug. 30, 1993

Affidavit of Edward F. O'Brien, Jr., Esq. by Worc County Sheriff in 4:89-cv-00031 Re: [110-1] motion to alter or amend Consent Decree pursuant Fed. Rules of Civil Procedure Rule 60(b)(6) and Short Order of Notice Pursuant to Rule 6(d) filed. (dfs) Modified on 08/30/1993 (Entered: 08/30/1993)

RECAP
112 Sept. 3, 1993

Assented to motion by Joseph Sacco, James Lyons, Fitzpatrick Perry, Guy H. Levia, and Frank Ginese to extend time until September 13, 1993 to oppose defendant Flynn's motion to alter or amend consent decree, filed, c/s. (bah) (Entered: 09/03/1993)

RECAP
Sept. 3, 1993

Judge Nathaniel M. Gorton. Endorsed Order granting [112-1] motion to extend time until September 13, 1993 to oppose defendant Flynn's motion to alter or amend consent decree, ENTERED, cc:cl. Response to motion reset to 9/13/93 for [110-1] motion to alter or amend Consent Decree pursuant to Fed. Rules of Civil Procedure Rule 60(b)(6) and Short Order of Notice Pursuant to Rule 6(d) (bah)

Sept. 14, 1993

Case reassigned from Judge Gorton to Judge Rya W. Zobel . Notice sent to counsel. (dfs)

Sept. 23, 1993

Case closed (dfs)

114 Sept. 28, 1993

Letter from William E. Bernstein, Special Master filed dated 9/28/93 to Judge Zobel and Gorton Re: withdrawal of duties as special master. (lau) (Entered: 10/06/1993)

RECAP
113 Sept. 29, 1993

Letter from Special Master William E. Berstein requesting that he be relieved of his duties as Special Master, filed. (bah) (Entered: 09/29/1993)

RECAP
Oct. 5, 1993

Judge Rya W. Zobel . Endorsement Re: [113-1] remark. The request is granted with the thanks of the court for the great assistance provided by the Special Master in these proceedings. Entered (lau)

Aug. 10, 1994

Terminated document mooting [110-1] motion to alter or amend Consent Decree pursuant to Fed. Rules of Civil Procedure Rule 60(b)(6) and Short Order of Notice Pursuant to Rule 6(d), after talking with Atty. O'Brien the matter will be raised via new motion after some housekeeping matters have been resolved. Requested by ctd. (fmr)

116 Dec. 13, 1994

Letter by Joseph Ponte, Facility Director dated: 12/13/94 to: Judge Donohue re: prison facilities, filed. (lau) (Entered: 01/09/1995)

RECAP
115 Dec. 22, 1994

Motion in letter form by: Edward O'Brien, Jr. dated: 12/21/94 for Hearing (status conference), filed. (lau) (Entered: 01/05/1995)

RECAP
Jan. 4, 1995

Judge Rya W. Zobel . Endorsed Order entered granting [115-1] motion for Hearing (status conference), set status conference for 2:30 1/26/95 . Entered cc/cl (lau)

117 Jan. 26, 1995

Judge Rya W. Zobel . Clerk's Notes: re: status conference; Court holds lenghty discussions with counselmas to amending the consent decree. After which counsel will send in a status report and may request a further conference if they cannot reach agreement. Entered (lau) (Entered: 01/27/1995)

RECAP
Jan. 26, 1995

Status conference held . (lau)

Feb. 15, 1995

Proposed Order clarifying consent decre by Joseph Sacco in 4:89-cv-00031, James Lyons in 4:89-cv-00031, Fitzpatrick Perry in 4:89-cv-00031, Guy H. Levia in 4:89-cv-00031, Frank Ginese in 4:89-cv-00031 received for filing. (lau)

118 Feb. 21, 1995

Judge Rya W. Zobel . Order Clarifying Consent Decree entered. Entered cc/cl (lau) (Entered: 02/22/1995)

RECAP
119 March 3, 1995

Motion by James Lyons in 4:89-cv-00031, Fitzpatrick Perry in 4:89-cv-00031, Guy H. Levia in 4:89-cv-00031, Frank Ginese in 4:89-cv-00031 for a determination and award of attorney fees and costs, filed. (lau) (Entered: 03/06/1995)

RECAP
120 March 3, 1995

Memorandum by James Lyons in 4:89-cv-00031, Fitzpatrick Perry in 4:89-cv-00031, Guy H. Levia in 4:89-cv-00031, Frank Ginese in 4:89-cv-00031 in support of [119-1] motion for a determination and award of attorney fees and costs, filed. (lau) (Entered: 03/06/1995)

RECAP
121 March 3, 1995

Joint Affidavit of Douglas W. Salvesen and Michael R. Reinemann in 4:89-cv-00031, re: [119-1] motion for a determination and award of attorney fees and costs, filed. (lau) (Entered: 03/06/1995)

RECAP
122 March 3, 1995

Affidavit of Mark A. Michelson, re: [119-1] motion for a determination and award of attorney fees and costs, filed. (lau) (Entered: 03/06/1995)

RECAP
123 March 3, 1995

Certificate of Consultation re: [119-1] motion for a determination and award of attorney fees and costs, filed. (lau) (Entered: 03/06/1995)

RECAP
124 March 23, 1995

Motion by Francis J. Holloway in 4:89-cv-00031, Paul X. Tivnan in 4:89-cv-00031, John R. Sharry in 4:89-cv-00031, Public Health, Mass in 4:89-cv-00031, Deborah Prothrow-Stith in 4:89-cv-00031, Worc County Sherrif in 4:89-cv-00031, Worcester County, Co in 4:89-cv-00031, Corrections, Dept. o in 4:89-cv-00031 to extend time to 3/28/95 for filing opposition to plaintiff's application for award of attorney's fees and costs, filed. (lau) (Entered: 03/23/1995)

RECAP
125 March 30, 1995

Response by Francis J. Holloway in 4:89-cv-00031, Paul X. Tivnan in 4:89-cv-00031, John R. Sharry in 4:89-cv-00031, Public Health, Mass in 4:89-cv-00031, Deborah Prothrow-Stith in 4:89-cv-00031, Worc County Sherrif in 4:89-cv-00031, Worcester County, Co in 4:89-cv-00031, Corrections, Dept. o in 4:89-cv-00031 in opposition to [119-1] motion for a determination and award of attorney fees and costs, filed. (lau) (Entered: 03/31/1995)

RECAP
April 18, 1995

Judge Rya W. Zobel . Endorsed Order entered mooting [124-1] motion to extend time to 3/28/95 for filing opposition to plaintiff's application for award of attorney's fees and costs. Opposition already filed 4/30/95. (lau)

126 Aug. 24, 1995

Letter by Douglas W. Salvesen in 4:89-cv-00031 dated: 8/23/95 to: Ms. Dello Russo re: filing an emergency motion, filed. (lau) (Entered: 08/28/1995)

RECAP
127 Sept. 1, 1995

Letter by Worc County Sherrif in 4:89-cv-00031 by Edward F. O'Brien in 4:89-cv-00031 dated: 8/31/95 to: Ms. Dello Russo re: situations which have occured at the Worcester County Jail and House of Correction, filed. (lau) (Entered: 09/05/1995)

RECAP
128 Sept. 1, 1995

Emergency Motion by Joseph Sacco in 4:89-cv-00031, James Lyons in 4:89-cv-00031, Fitzpatrick Perry in 4:89-cv-00031, Guy H. Levia in 4:89-cv-00031, Frank Ginese in 4:89-cv-00031 to compel compliance with consent decree and request for sanctions arising from defendant's willful violation, filed. (lau) (Entered: 09/05/1995)

RECAP
129 Sept. 5, 1995

Judge Rya W. Zobel . Clerk's Notes: re: motion for contempt (compel); Mr. O'Brien has a suggestion to correct the situation, which he had not yet discussed with Mr. Salveson. Counsel shall try to work out a solution and return; Motion hearing set for 9:30 9/11/95 for [128-1] motion to compel compliance with consent decree and request for sanctions arising from defendant's willful violation (lau) (Entered: 09/13/1995)

RECAP
Sept. 5, 1995

Motion hearing re: [128-1] motion to compel compliance with consent decree and request for sanctions arising from defendant's willful violation (lau)

130 Sept. 11, 1995

Judge Rya W. Zobel . Clerk's Notes: re: motion hearing re motion for contempt (compel); after hearing, motion taken under advisement; granting [119-1] motion for a determination and award of attorney fees and costs Court Reporter: Ruggieri (lau) (Entered: 09/13/1995)

RECAP
131 Sept. 11, 1995

Notice of appearance of attorney for Worc County Sherrif in 4:89-cv-00031 by Michael A. Gray, filed. (lau) (Entered: 09/13/1995)

RECAP
132 Sept. 11, 1995

Motion by Worc County Sherrif in 4:89-cv-00031 to amend consent decree, filed. (lau) (Entered: 09/13/1995)

RECAP
133 Sept. 11, 1995

Memorandum by Worc County Sherrif in 4:89-cv-00031 in support of [132-1] motion to amend consent decree, filed. (lau) (Entered: 09/13/1995)

RECAP
134 Sept. 11, 1995

Response by Worc County Sherrif in 4:89-cv-00031 in opposition to [128-1] motion to compel compliance with consent decree and request for sanctions arising from defendant's willful violation, filed. (lau) (Entered: 09/13/1995)

RECAP
Sept. 11, 1995

Motion hearing re: [128-1] motion to compel compliance with consent decree and request for sanctions arising from defendant's willful violation (lau)

Sept. 11, 1995

Judge Rya W. Zobel . Endorsed Order entered granting [119-1] motion for a determination and award of attorney fees and costs. Plaintiffs' counsel are awarded the amount of $106,917.40 for their fee and $12,776.29 for their expenses. Entered cc/cl (lau)

135 Sept. 21, 1995

Assented to Motion by James Lyons in 4:89-cv-00031, Fitzpatrick Perry in 4:89-cv-00031, Guy H. Levia in 4:89-cv-00031, Frank Ginese in 4:89-cv-00031 to extend time to 9/25/95 to respond to defendant Flynn's Emergency motion to amend Consent Decree, filed. (lau) (Entered: 09/25/1995)

RECAP
136 Sept. 26, 1995

Memorandum by Joseph Sacco in 4:89-cv-00031, James Lyons in 4:89-cv-00031, Fitzpatrick Perry in 4:89-cv-00031, Guy H. Levia in 4:89-cv-00031, Frank Ginese in 4:89-cv-00031 in opposition to [132-1] motion to amend consent decree, filed. (lau) (Entered: 10/04/1995)

RECAP
137 Oct. 5, 1995

Letter from Michael D. Souza dated: 10/1/95 to: Judge Zobel re: consent decree, filed. (lau) (Entered: 10/05/1995)

RECAP
138 Oct. 11, 1995

Letter by Douglas W. Salvesen in 4:89-cv-00031 dated: 10/11/95 to: Ms. Dello Russo re: Worcester County Jail, filed. (lau) (Entered: 10/12/1995)

RECAP
139 Oct. 13, 1995

Letter from Thomas Finn dated: 10/2/95 re: examining records, filed. (lau) (Entered: 10/16/1995)

RECAP
140 Oct. 30, 1995

Letter Ralph Gobin dated: 9/27/95 to: Judge Zobel re: problems in jail, filed. (lau) (Entered: 10/30/1995)

RECAP
141 Oct. 30, 1995

Letter from John E. Carter III dated: 10/6/95 to: Judge Zobel re: problems in the jail, filed. (lau) (Entered: 10/30/1995)

RECAP
142 Nov. 22, 1995

Supplemental Memorandum by Joseph Sacco in 4:89-cv-00031, James Lyons in 4:89-cv-00031, Fitzpatrick Perry in 4:89-cv-00031, Guy H. Levia in 4:89-cv-00031, Frank Ginese in 4:89-cv-00031 in opposition to [132-1] motion to amend consent decree, filed. (lau) (Entered: 11/29/1995)

RECAP
Oct. 2, 1996

Terminated document: mooting [135-1] motion to extend time to 9/25/95 to respond to defendant Flynn's Emergency motion to amend Consent Decree Requested by ctd. (fmr)

Sept. 30, 1998

Terminated document: terminating [132-1] motion to amend consent decree, terminating [128-1] motion to compel compliance with consent decree and request for sanctions arising from defendant's willful violation Requested by lau. (vah)

143 May 30, 2006

NOTICE of Appearance by Raymond J. Reed on behalf of Worcester County Sheriff (Reed, Raymond) (Entered: 05/30/2006)

RECAP
144 May 30, 2006

MOTION to Vacate Consent Decree by Worcester County Sheriff.(Reed, Raymond) Additional attachment(s) added on 5/30/2006 (Jones, Sherry). Additional attachment(s) added on 6/1/2006 (Johnson, Jay). (Entered: 05/30/2006)

RECAP
145 May 30, 2006

NOTICE by Worcester County Sheriff of Substitution for John M. Flynn (Reed, Raymond) (Entered: 05/30/2006)

RECAP
146 May 30, 2006

MEMORANDUM in Support re 144 MOTION to Vacate Consent Decree filed by Worcester County Sheriff. (Reed, Raymond) Additional attachment(s) added on 5/30/2006 (Jones, Sherry). (Entered: 05/30/2006)

RECAP
147 May 30, 2006

DECLARATION Pursuant to Local Rule 7.1 by Worcester County Sheriff. (Reed, Raymond) (Entered: 05/30/2006)

RECAP
148 May 30, 2006

NOTICE by Worcester County Sheriff of Hand Filing of Attachments (Reed, Raymond) (Entered: 05/30/2006)

RECAP
149 May 30, 2006

Letter/request (non-motion) from Raymond J. Reed. (Reed, Raymond) (Entered: 05/30/2006)

RECAP
150 Aug. 2, 2006

Letter/request (non-motion) from Raymond J. Reed requesting action on pending motion. (Johnson, Jay) (Entered: 08/03/2006)

RECAP
151 Aug. 4, 2006

Judge Rya W. Zobel : ORDER CONCERNING CONSENT DECREE entered. (Johnson, Jay) (Entered: 08/04/2006)

RECAP
152 Aug. 24, 2006

Response by Fitzpatrick Perry, Guy H. Levia, Frank Ginese, James Lyons, Joseph Sacco to 151 Order Concerning Consent Decree. (Salvesen, Douglas) (Entered: 08/24/2006)

RECAP
153 Aug. 25, 2006

Response by Worcester County Sheriff to Counsel's Response to August 4, 2006 Order Concerning Consent Decree. (Reed, Raymond) (Entered: 08/25/2006)

RECAP
154 Aug. 31, 2006

Supplemental Response by Worcester County Sheriff. (Reed, Raymond) (Entered: 08/31/2006)

RECAP
155 Aug. 31, 2006

AFFIDAVIT of Jeffrey R. Turco, Esquire by Worcester County Sheriff. (Attachments: # 1)(Reed, Raymond) (Entered: 08/31/2006)

RECAP
156 Sept. 1, 2006

AFFIDAVIT of Jeffrey R. Turco. (Sonnenberg, Elizabeth) (Entered: 09/01/2006)

RECAP
157 Nov. 2, 2006

MOTION Immediately Terminate Consent Decree of 1989 by Worcester County Sheriff.(Reed, Raymond) (Entered: 11/02/2006)

RECAP
158 Nov. 2, 2006

MEMORANDUM in Support re 157 MOTION Immediately Terminate Consent Decree of 1989 filed by Worcester County Sheriff. (Reed, Raymond) (Entered: 11/02/2006)

RECAP
159 Nov. 3, 2006

Opposition re 157 MOTION Immediately Terminate Consent Decree of 1989, 144 MOTION to Vacate Consent Decree filed by all plaintiffs. (Salvesen, Douglas) (Entered: 11/03/2006)

RECAP
160 Dec. 11, 2006

NOTICE of Withdrawal of Appearance by Raymond J. Reed Withdrawal of Michael Gray (Reed, Raymond) (Entered: 12/11/2006)

RECAP
161 Dec. 12, 2006

NOTICE of Withdrawal of Appearance Attorney Michael A. Gray terminated. (Jones, Sherry) (Entered: 12/14/2006)

RECAP
Dec. 12, 2006

Notice of correction to docket made by Court staff. Correction: #160 Notice of Withdrawal corrected because: UNSIGNED DOCUMENT. E-mail sent describing the fix. (Johnson, Jay)

162 Dec. 15, 2006

Judge Rya W. Zobel : ORDER CONCERNING CONSENT DECREE entered reserving ruling on 144 Motion to Vacate, reserving ruling on 157 Motion to terminate consent decree. ("parties shall appear on 1/16/07 at 2:00 pm for a pre-hearing conference preparatory to a evidentiary hearing".) (Johnson, Jay) (Entered: 12/15/2006)

RECAP
163 Dec. 21, 2006

NOTICE of Appearance by William D. Saltzman on behalf of Corrections, Commissioner of (Saltzman, William) (Entered: 12/21/2006)

RECAP
164 Jan. 16, 2007

NOTICE of Appearance by Peter J. Costanza on behalf of all plaintiffs (Costanza, Peter) (Entered: 01/16/2007)

RECAP
Jan. 16, 2007

ElectronicClerk's Notes for proceedings held before Judge Rya W. Zobel : Prehearing conference held on 1/16/2007. Plaintiff to visit the jail and work out an agenda with defendant by 2/1/07; Possible dates to visit jail 3/19/07; defendant's objections noted; Status report by 2/1/07; (Court Reporter Catherine Handel.) (Urso, Lisa)

165 Jan. 31, 2007

Assented to MOTION for Protective Order by Fitzpatrick Perry, Guy H. Levia, Frank Ginese, James Lyons, Joseph Sacco. (Attachments: # 1 Text of Proposed Order)(Costanza, Peter) (Entered: 01/31/2007)

RECAP
166 Feb. 2, 2007

Judge Rya W. Zobel : ORDER entered. PROTECTIVE ORDER(Urso, Lisa) (Entered: 02/02/2007)

RECAP
167 Feb. 2, 2007

NOTICE of Appearance by Jeffrey R. Turco on behalf of Worcester County Sheriff (Johnson, Jay) (Entered: 02/05/2007)

RECAP

Case Details

State / Territory:

Massachusetts

Case Type(s):

Jail Conditions

Key Dates

Filing Date: Jan. 5, 1989

Closing Date: 1993

Case Ongoing: No

Plaintiffs

Plaintiff Description:

prisoners at the Worcester County Jail

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: Yes

Filed Pro Se: Unknown

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

County

Worcester County Jail and House of Correction

Defendant Type(s):

Corrections

Facility Type(s):

Government-run

Case Details

Causes of Action:

42 U.S.C. § 1983

Constitutional Clause(s):

Cruel and Unusual Punishment

Other Dockets:

District of Massachusetts 4:89-cv-00031

Available Documents:

Any published opinion

Injunctive (or Injunctive-like) Relief

Trial Court Docket

Outcome

Prevailing Party: Plaintiff OR Mixed

Relief Granted:

Injunction / Injunctive-like Settlement

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Content of Injunction:

Monitor/Master

Amount Defendant Pays: $119,693.69 (fees)

Issues

General/Misc.:

Access to lawyers or judicial system

Conditions of confinement

Food service / nutrition / hydration

Sanitation / living conditions

Totality of conditions

Jails, Prisons, Detention Centers, and Other Institutions:

Crowding (General)

Crowding: Post-PLRA Population Cap

Crowding: Pre-PLRA Population Cap

Visiting

Medical/Mental Health Care:

Medical care, general

Recommended Citation