Alberti v. Klevenhagen

660 F. Supp. 605, 1987 U.S. Dist. LEXIS 13449
CourtDistrict Court, S.D. Texas
DecidedApril 28, 1987
DocketCiv. A. 72-H-1094
StatusPublished
Cited by4 cases

This text of 660 F. Supp. 605 (Alberti v. Klevenhagen) is published on Counsel Stack Legal Research, covering District Court, S.D. Texas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Alberti v. Klevenhagen, 660 F. Supp. 605, 1987 U.S. Dist. LEXIS 13449 (S.D. Tex. 1987).

Opinion

*607 ORDER APPOINTING SPECIAL MASTERS

CARL O. BUE, Jr., District Judge.

Consistent with the dictates of the Fifth Circuit Court of Appeals in its opinion of June 4, 1986, 790 F.2d 1220, this Court has considered and hereby grants the Motion of Plaintiffs’ Attorneys James T. Oitzinger and Gerald M. Birnberg to withdraw from service in the Office of the Ombudsman. Further, in view of the appointment of Special Masters to assist the Court as hereinafter outlined, the Office of the Ombudsman is hereby abolished as of this date.

In lieu of the Office of the Ombudsman, the Court hereby appoints three well qualified jail experts—a Special Fact Finding Master and two Monitor-Assessors (one with expertise in medical areas and the other with expertise in jail condition matters generally) to perform and discharge the functions hereinafter described. The parties, through their respective attorneys, agree with and consent to these appointments.

The Court has determined that the law and the record in this case support these appointments. Further, it is the Court’s belief that compliance efforts will be enhanced by the appointment of masters and that the conclusion of the case may be expedited thereby. The Court has determined that there is a need for the experts and that the appointments hereinafter made are justified by the facts, the law and the exceptional circumstances present in this case.

The Court concludes that the appointment of the hereinafter designated Fact Finding Special Master, Medical Monitor-Assessor and Jail Monitor-Assessor and the implementation of the hereinafter contained remedial procedures are justified under Rule 53 of the Federal Rules of Civil Procedure and the applicable law. Pursuant to the inherent powers of a court of equity to fashion remedies appropriate to the attainment of the relief sought to be achieved,

It is accordingly and therefore,

Section I.

ORDERED that Mr. Michael Keating of Providence, Rhode Island, Mr. Amos E. Reed of Salem, Oregon and Dr. Armond H. Start of Oklahoma City, Oklahoma are hereby appointed as Special Masters in this case, pursuant to Rule 53(b) of the Federal Rules of Civil Procedure and by virtue of the inherent powers of this Court as a court of equity. 1 Mr. Keating shall be designated as and shall serve as the “Fact Finding Special Master” and shall conduct fact finding hearings. He shall additionally coordinate, supervise and direct the work of the Monitor Assessors and be primarily responsible for performing and discharging the day-to-day functions, activities and duties of the masterships.

Dr. Armond H. Start shall be designated as and shall serve as the “Medical Monitor-Assessor” and shall focus his activities primarily on matters relating to medical and health care issues in the jails, including the medical staff, facilities and health care program of the Harris County detention facilities, under and pursuant to the supervision, direction and coordination of the Fact Finding Special Master.

Mr. Amos E. Reed shall be designated as and shall serve as the “Jail Monitor-Assessor” and shall focus his activities primarily on matters relating to other issues involving jail conditions, under and pursuant to the supervision, direction and coordination of the Fact Finding Special Master.

Section II.

It is further ORDERED that the Fact Finding Special Master, the Medical Monitor-Assessor and the Jail Monitor-Assessor shall generally and collectively, under the supervision and coordination of the Fact Finding Special Master, monitor Defendants’ efforts in complying with and fulfilling the mandate and requirements of *608 the Consent Judgment entered in this case on February 4, 1975, as modified and supplemented by other Orders entered in this case by this Court, including particularly, without limitation, the December 16, 1975 Order and the December 18, 1984 Order (hereinafter collectively referred to as the “Orders”), and shall report to the Court regarding compliance. Without limiting the scope of the foregoing duties and responsibilities, it is specifically ORDERED that the duties of the Fact Finding Special Master, in collaboration with the Medical Monitor-Assessor and the Jail Monitor-Assessor, shall include the following:

1. To conduct a thorough assessment, examination and investigation into the totality of the conditions of confinement existing in the Harris County detention facilities and to determine whether such conditions comply with State and Constitutional standards and the Orders of this Court;

2. To submit to the Court no later than ninety (90) days after the date of his appointment an initial comprehensive written report concerning the conditions of incarceration in the Harris County detention facilities and the state of compliance by the Defendants ' with the Consent Judgment, the December 16, 1975 Order, the December 18, 1984 Order and any other relevant Orders entered in this case by the Court (hereinafter collectively referred to as the “Orders”). The initial report shall specifically address among other matters the following:

A. Capacity Determinations

(1) the maximum capacity of each Harris County detention facility, taking into consideration:

(a) day and night use of the detention facilities
(b) weekend sentences
(c) classification needs and requirements
(d) available staff, and
(e) any other relevant considerations.

(2) whether the support services and facilities can sufficiently accommodate the determined capacity;

(3) whether the medical staff and facilities are sufficient to provide adequate medical care and screening for all inmates;

(4) factors contributing to the fact that the detention facilities are housing inmates in excess of the maximum capacity;

(5) efforts of the defendants in directly or indirectly alleviating the effects of housing inmates in excess of the maximum capacity of the detention facilities;

(6) the totality of conditions which exist as a result of the housing of inmates in excess of the maximum capacity of the detention facilities;

(7) local community resources available and willing to assist in improving jail conditions, including those specifically involved in

(a) medical screening and
(b) medical treatment

B. Compliance With Orders

(1) any areas of non-compliance with the Orders noted, found or observed by the Special Masters, and

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Bluebook (online)
660 F. Supp. 605, 1987 U.S. Dist. LEXIS 13449, Counsel Stack Legal Research, https://law.counselstack.com/opinion/alberti-v-klevenhagen-txsd-1987.