Barnes v. Gibson

14 V.I. 345, 1977 U.S. Dist. LEXIS 6025
CourtDistrict Court, Virgin Islands
DecidedSeptember 15, 1977
DocketCivil No. 1976/191
StatusPublished
Cited by1 cases

This text of 14 V.I. 345 (Barnes v. Gibson) is published on Counsel Stack Legal Research, covering District Court, Virgin Islands primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Barnes v. Gibson, 14 V.I. 345, 1977 U.S. Dist. LEXIS 6025 (vid 1977).

Opinion

YOUNG, District Judge

MEMORANDUM OPINION WITH ORDER ATTACHED

I

Unlike most other cases which come before this Court, this lawsuit is of concern, not simply to the parties directly involved, but to all of us who live in the Virgin Islands. This Court, for years, has agonized over the deplorable state of affairs at the Golden Grove Correctional Facility. However, it has not until most recently become the subject of genuine and legitimate public concern.

The latest developments at the prison have understandably caused the public to question what is transpiring at the facility. Unfortunately the Government’s response has consisted of blaming the Court for all the wrongs that have taken place at Golden Grove and accusing the Court of trying to run the prison. Nothing could be further from the truth. The primary purpose of this opinion is to appraise the public of what, in actuality, has taken place, [348]*348and most importantly what must be done at the prison facility. The Government was advised approximately one year and four months ago. Its response has been to do virtually nothing, to allow an already intolerable and explosive situation to become worse, and to point an accusatory finger at the Court when the inevitable finally came to pass. It is of the utmost importance that the public understand fully the situation at Golden Grove, for in the final analysis, the people of the Virgin Islands will have to decide whether they wish to maintain a prison on St. Croix, or whether they wish to send convicted felons to stateside institutions.1

II. THE DOCTRINE OF SEPARATION OF POWERS

Since the commencing of this lawsuit in March of 1976, the Government has steadfastly maintained that the Court has no business meddling in prison affairs and that the manner in which the facility at Golden Grove is run is solely within the decisional province of the executive branch. The Government essentially maintains that once this Court sentences an individual to serve a term of imprisonment, the Court has no further say as to the manner in which incarceration can be effectuated.

To a considerable extent the Government’s proposition is valid and the Court welcomes the generally limited role it has to play in this area. The legislature, the executive branch and the judicial branch each have their respective areas of responsibility and as to such areas, in large part, have the sole and final say as to the manner in which decisions are to be carried out. It is within the province of the legislature to enact laws; the executive branch is respon[349]*349sible for enforcing those laws; the courts are called upon to interpret the laws.

Yet the system of government under which we live often times envisages considerable interplay between the various branches. A judge sits on the bench by virtue of having been nominated for said position by the executive branch and approved therefor by the legislature. Although the enactment of laws is initially within the province of the legislature, the executive branch has the power to exercise a veto, and the legislature, in turn, to override any such veto. Finally, when an act of the legislature is in any manner unconstitutional, or when the manner in which the executive branch enforces a law violates an individual’s constitutional rights, it is the duty of the courts to void such law or to protect the rights of the wronged individual. It is understandable that each branch of government is very reluctant to yield any of its authority to another branch. However, the notion of checks and balances constitutes the very essence of our system of government. It is absolutely essential that no one branch of government lose sight of its proper role and attempt to place itself above the law.

In principle this lawsuit is but one example of the manner in which our government must operate. Although corrections and the operation of our prisons is a matter vested in the authority of the executive branch and, specifically, the Department of Public Safety, said authorities are not free to do whatever they please with prison inmates. Convicts are human beings. To be sure, by virtue of their convictions they lose certain vestiges of freedom; however, they nonetheless are protected in many ways by the constitution. When an inmate satisfactorily demonstrates to the Court that his constitutional rights are being violated, the Court cannot sit idly by and ignore his pleas. I am fully aware of and sympathetic with the fact that the inmates [350]*350at Golden Grove are “doing time” because they chose to violate the rights and freedoms of their fellow man. It is often times difficult to comprehend how an individual can commit murder, robbery or assault and then complain to the Court when he feels he is receiving unjust treatment in prison. However, my responsibility and sworn duty is to uphold the constitutional rights — whatever they may be —of all who come before me. No matter how unpopular a particular decision might be, if the law so commands, I must adhere to it. And if the law requires that the executive or legislative branch of government must do or refrain from doing some act, said branch of government must conform its conduct to the requirements of the law. To do otherwise would be to ignore the very foundation upon which our system of government rests. See, e.g., Procunier v. Martinez, 416 U.S. 396, 405 (1974); James v. Wallace, 406 F.Supp. 318, 328 (M.D. Ala. 1976).

A final word is in order with respect to the separation of powers argument. During the past decade it has become apparent that political figures are increasingly reluctant to make hard, unpopular decisions. Where a decision one way or the other on a particular issue poses the risk of alienating a large segment of the voting populace, the politician has been prone to do nothing, force the decision making task upon the courts, and disclaim all responsibility for the consequences to his constituents. Recent obvious examples in the states include the heated issues of school busing, abortions and prison reform. These are political issues whose resolution are more appropriately left for the executive and legislative forums. If said authorities would, in the first instance, take it upon themselves to make the necessary, although potentially unpopular, decisions the courts would never need to become so deeply involved in such matters. If the Government of the Virgin Islands would assume the responsibility of diverting the necessary [351]*351monies from other areas of expenditure and channeling' them into prison reform, and if the Government would demonstrate a genuine, sincere concern over the state of our prison facilities, this Court would not be involved. In short, I am not trying to run the prison facility. I have no such desire. Should the Government assume what has always been its proper role and undertake the hard but necessary task of rectifying the constitutional ills which plague the Golden Grove facility, I will welcome the opportunity to close this case.

III. HISTORY OF THIS LITIGATION

This case was spawned by the filing of a civil rights petition, in March of 1976, by Roy Barnes, an inmate at the Golden Grove facility. Upon the request of the Court, Legal Services of the Virgin Islands agreed to provide representation for said inmate and an amended complaint was eventually filed on June 10, 1976 on behalf of all the inmates at the prison complex.

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Related

Ali v. Gibson
483 F. Supp. 1102 (Virgin Islands, 1980)

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Bluebook (online)
14 V.I. 345, 1977 U.S. Dist. LEXIS 6025, Counsel Stack Legal Research, https://law.counselstack.com/opinion/barnes-v-gibson-vid-1977.