United States of America v. Territory of The Virgin Islands

DISTRICT COURT OF THE VIRGIN ISLANDS
DIVISION OF ST. CROIX
5
UNITED STATES OF AMERICA, 5
5
Plaintiff, 5 1:86-cv-265
v. 5
5
TERRITORY OF THE VIRGIN ISLANDS 5
et al., 5
5
Defendants. 5
__________________________________________5
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
ORDER
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
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United States of America v. Territory of the Virgin Islands
1:86-cv-265
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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).
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United States of America v. Territory of the Virgin Islands
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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.
ENTER:
Dated: December 6, 2010 /s/ George W. Cannon, Jr.
GEORGE W. CANNON, JR.
U.S. MAGISTRATE JUDGE
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