U.S. v. Territory of Virgin Islands

Full title: UNITED STATES OF AMERICA, Plaintiff, v. TERRITORY OF THE VIRGIN ISLANDS et…

Court: United States District Court, D. Virgin Islands, Division of St. Croix

Date published: Dec 6, 2010

1:86-cv-265 (D.V.I. Dec. 6, 2010)

Opinion

1:86-cv-265.

December 6, 2010

ORDER

GEORGE CANNON JR., Magistrate Judge

TO: Joycelyn Hewlett, Esq., AUSA, Tammie Gregg, Esq., DOJ, Laura L. Coon, Esq., DOJ, Andrew Barrick, Esq., DOJ, Vincent F. Frazer, Esq., AG, Aquannette Y. Chinnery-Montell, Esq., AAG

THIS MATTER came before the Court for a status hearing to determine whether the Special Master's services continue to be required. Based upon the Special Master's most recent report and recommendations, testimony of witnesses, and absence of any written objections to the report of the Special Master by the parties, the Court finds that Defendants have not demonstrated substantial compliance with the previous orders of the Court regarding their duty to provide and maintain constitutionally adequate conditions of confinement at the Golden Grove Adult Correctional and Detention Facility ("Golden Grove"). See Order Granting United States' Motion to Find Defendants in Contempt and for Appointment of a Special Master ("Contempt Order") (Docket No. 224, as amended by Docket No. 231). Consequently, the Court finds a continuing need for the services of the Special Master.

By Order (Docket No. 457), entered February, 22, 2010, the Court directed that specific items identified and deemed critical by the parties be completed by a date certain. Although many of deadlines have expired without full compliance, progress is being made, albeit slowly, and the Court accepts the recommendation of the Special Master that no extraordinary measures be taken at this juncture and further adopts and incorporates the other recommendations of the Special Master hereinbelow.

Accordingly, it is now hereby ORDERED:

1. Special Master Susan McCampbell shall continue in her appointment and capacity as Special Master.

2. On or before February 18, 2011, the Bureau of Corrections shall produce the list of security related policies and procedures, when each will be completed, and when each will be implemented (e.g. staff training completed).

3. On or before January 14, 2011, the Defendants shall produce to the Court the dates by which expected substantial compliance will be achieved for all remaining mandates (as noted on the Compliance Documentation checklist).

a. Defendants also shall provide the Court at that time with information regarding the relevance of any remaining requirements along with any recommendations.

4. On or before January 15, 2011, the Bureau of Corrections and the Division of Personnel shall produce to the Special Master (a) a detailed officer recruitment plan, and (b) a plan to offer incentives to senior officers to remain with the BOC after their retirement dates.

5. This matter is scheduled for a status hearing on March 8, 2011, at 9:00 a.m., in Magistrate Courtroom.

Dated: December 6, 2010