Opinion
C. A. 69-cv-04192JJM 17-mc-00014JJM
05-08-2024
JOSEPH MORRIS, individually and on Behalf of all others similarly situated, Plaintiffs, v. AYNE SALISBURY, in his capacity as the Acting Director to the State of Rhode Island Department of Corrections, as successor to ANTHONY TRAVISONO, Defendant. RICHARD PAIVA, Plaintiff, v. RHODE ISLAND DEPARTMENT OF CORRECTIONS, Defendant.
Attorney for Plaintiffs: Lynette Labinger (1645), Sonja L. Deyoe, (6301) Cooperating counsel, AMERICAN CIVIL LIBERTIES UNION FOUNDATION OF RHODE ISLAND Attorneys for Defendants: Nicole B. DiLibero, Bar No. 6749 Chief Legal Counsel R.I Department of Corrections Shannon L. Haibon, #9860 Special Assistant Attorney General Office of Attorney General
Attorney for Plaintiffs:
Lynette Labinger (1645), Sonja L. Deyoe, (6301)
Cooperating counsel, AMERICAN CIVIL LIBERTIES UNION FOUNDATION OF RHODE ISLAND
Attorneys for Defendants:
Nicole B. DiLibero, Bar No. 6749 Chief Legal Counsel R.I Department of Corrections
Shannon L. Haibon, #9860 Special Assistant Attorney General Office of Attorney General
INTERIM ORDER BY AGREEMENT
By agreement of the parties, and upon the recommendation of United States Magistrate Judge Patricia A. Sullivan that the within interim order be entered, it is hereby
ORDERED:
Through the mediation that the Court ordered be conducted while the Morris Rules are stayed, the Rhode Island Department of Corrections (“RIDOC”) adopted certain new policies and procedures on July 30, 2023, which policies and procedures address various matters related to inmate discipline, including without limitation the imposition of a thirty-day limit on punitive segregation (disciplinary confinement) and the manner for conducting disciplinary hearings.
Pending further proceedings in this matter, including without limitation the negotiation of a consent decree, notice to the class, an opportunity to object, a fairness hearing and the entry of final judgment, the Court orders in the interim that RIDOC is hereby enjoined from amending, modifying or altering these certain new policies and procedures enacted on July 30, 2023, including the thirty-day limit on punitive segregation and the manner for conducting disciplinary hearings so as to adversely impact the interest of the class without first obtaining leave of Court.
This is intended to be an interim order during the pendency of the stay of the Morris Rules and is not intended to prejudice the negotiation or terms of a consent decree in this case. This order is not intended to provide for contempt proceedings based on deviations from the standards established in the new policies and procedures resulting from good faith challenges that RIDOC may face in implementing the new policies and procedures, nor is it intended to prevent or deter any adjustments to the new policies and procedures, including without limitation adjustments to make them consistent with the matters pertaining to mental health that are the subject of ongoing mediation or to address institutional safety and security. The entry of the within Order, standing alone, does not constitute a determination that any party has achieved prevailing party status with respect to an award of attorney fees.