Suffolk County Jail v. Commonwealth of MA

CourtCourt of Appeals for the First Circuit
DecidedDecember 21, 1993
Docket93-1460
StatusPublished

This text of Suffolk County Jail v. Commonwealth of MA (Suffolk County Jail v. Commonwealth of MA) is published on Counsel Stack Legal Research, covering Court of Appeals for the First Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Suffolk County Jail v. Commonwealth of MA, (1st Cir. 1993).

Opinion

USCA1 Opinion


UNITED STATES COURT OF APPEALS
FOR THE FIRST CIRCUIT
____________________

No. 93-1460

INMATES OF THE SUFFOLK COUNTY JAIL, ET AL.,

Plaintiffs, Appellees,

v.

ROBERT RUFO, SHERIFF OF SUFFOLK COUNTY, ET AL.,

Defendants, Appellants.

__________

COMMONWEALTH OF MASSACHUSETTS, ET AL.,

Defendants, Appellants.
____________________

APPEAL FROM THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF MASSACHUSETTS

[Hon. Robert E. Keeton, U.S. District Judge]
___________________

____________________

Before

Torruella, Circuit Judge,
_____________

Campbell, Senior Circuit Judge,
____________________

and Boudin, Circuit Judge.
_____________

____________________

Douglas H. Wilkins, Assistant Attorney General, with whom Scott
___________________ _____
Harshbarger, Attorney General, and Thomas O. Bean, Assistant Attorney
___________ ______________
General, were on brief for appellants.
Max D. Stern with whom Lynn Weissberg and Stern, Shapiro,
______________ _______________ ________________
Rosenfeld & Weissberg were on brief for appellees.
_____________________

____________________

December 21, 1993
____________________

CAMPBELL, Senior Circuit Judge. The Commissioner
_____________________

of Corrections for the Commonwealth of Massachusetts (the

"Commissioner"), defendant-appellant, brought a motion in the

United States District Court for the District of

Massachusetts to vacate a consent decree of May 7, 1979 (as

modified by the orders of April 11, 1985, and April 22,

1985)1 entered into by the Sheriff of Suffolk County (the

"Sheriff"), the Commissioner, and others with the inmates of

the Suffolk County Jail (the "Inmates"),2 the plaintiff-

appellee class. The district court denied the Commissioner's

motion. Inmates of the Suffolk County Jail v. Rufo, 148
_____________________________________ ____

F.R.D. 14 (D. Mass. 1993). The Commissioner appeals,

arguing, inter alia, that the district court mistakenly
__________

treated his motion to vacate as if it were a motion to modify

the consent decree. We affirm.

I.

This appeal is part of an ongoing saga involving

the construction and the operation of the new Suffolk County

Jail on Nashua Street in Boston, Massachusetts (the "Nashua

Street Jail"), which replaced the old Suffolk County Jail on

Charles Street (the "Charles Street Jail"). The early

____________________

1. A copy of the original consent decree is included as an
appendix to this Opinion.

2. The Inmates are those individuals, male and female, in
the custody of the Sheriff of Suffolk County, who are
awaiting trial on criminal charges, and who have either been
denied bail or who are unable or unwilling to post bail.

-2-

chapters of this drama, which began in 1971, need not be

repeated. They are fully set out in published opinions.

See, e.g., Inmates of the Suffolk County Jail v. Kearney, 928
___ ____ __________________________________ _______

F.2d 33 (1st Cir. 1992); Inmates of the Suffolk County Jail
___________________________________

v. Rufo, 148 F.R.D. 14 (D. Mass. 1993); Inmates of the
____ _______________

Suffolk County Jail v. Kearney, 734 F. Supp. 561 (D. Mass.),
___________________ _______

aff'd mem., 915 F.2d 1557 (1st Cir. 1990), vacated, Rufo v.
__________ _______ ____

Inmates of the Suffolk County Jail, ___ U.S. ___, 112 S. Ct.
__________________________________

748, 116 L. Ed. 2d 867 (1992); Inmates of the Suffolk County
______________________________

Jail v. Eisenstadt, 360 F. Supp. 676 (D. Mass. 1973), aff'd,
____ __________ _____

494 F.2d 1196 (1st Cir.), cert. denied, 419 U.S. 977, 95 S.
____________

Ct. 239, 42 L. Ed. 2d 189 (1974). We pick up the story in

July 1989, approximately ten years after the consent decree

was entered.

"In July 1989, while the [Nashua Street Jail] was

still under construction, the [S]heriff moved to modify the

consent decree to allow the double bunking of male detainees

in 197 cells, thereby raising the capacity of the [Nashua

Street Jail] to 610 male detainees."3 Rufo v. Inmates of
____ __________

____________________

3. The Sheriff's motion was brought pursuant to Fed. R. Civ.
P. 60(b)(5) and (6), which state:

On motion and upon such terms as are just, the
court may relieve a party or a party's legal
representative from a final judgment, order, or
proceeding for the following reasons: . . . (5) the
judgment has been satisfied, released, or
discharged, or a prior judgment upon which it is
based has been reversed or otherwise vacated, or it
is no longer equitable that the judgment should

-3-

the Suffolk County Jail, ___ U.S. ___, ___, 112 S. Ct. 748,
________________________

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Related

United States v. Swift & Co.
286 U.S. 106 (Supreme Court, 1932)
Bell v. Wolfish
441 U.S. 520 (Supreme Court, 1979)
Rufo v. Inmates of Suffolk County Jail
502 U.S. 367 (Supreme Court, 1992)
Freeman v. Pitts
503 U.S. 467 (Supreme Court, 1992)
Norman Knight v. Mark J. Mills, Etc.
836 F.2d 659 (First Circuit, 1987)
United States v. Rule Industries, Inc.
878 F.2d 535 (First Circuit, 1989)
Mocciola (Gerard Peter) v. United States
915 F.2d 1557 (First Circuit, 1990)
Francis A. Willhauck, Jr. v. Paul Halpin
953 F.2d 689 (First Circuit, 1992)
Lawrence MacKin v. City of Boston
969 F.2d 1273 (First Circuit, 1992)
Consumer Advisory Board v. Robert W. Glover
989 F.2d 65 (First Circuit, 1993)
In Re Donald Pearson
990 F.2d 653 (First Circuit, 1993)
Inmates of the Suffolk County Jail v. Kearney
734 F. Supp. 561 (D. Massachusetts, 1990)
Inmates of the Suffolk County Jail v. Eisenstadt
360 F. Supp. 676 (D. Massachusetts, 1973)
Stauble v. Warrob, Inc.
977 F.2d 690 (First Circuit, 1992)
Inmates of Suffolk County Jail v. Rufo
148 F.R.D. 14 (D. Massachusetts, 1993)

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