Carty, Lawrence v. De Jongh , John as Governor of the Virgin Islands
DISTRICT COURT OF THE VIRGIN ISLANDS DIVISION OF ST. THOMAS AND ST. JOHN LAWRENCE CARTY, et al., Plaintiff, v. ALBERT BRYAN, et al.,1 Defendants. ___________________________________ ) ) ) ) ) Civil No. 1994-78 ) ) ) ) ) ) ATTORNEYS: Eric Balaban National Prison Project of the ACLU Washington, DC For the plaintiff Lawrence Carty, Carol Thomas-Jacobs, Acting Attorney General Shari N D’Andrade, AAG Richard Schrader, JR, AAG Ariel Marie Smith-Francois, AAG Virgin Islands Department of Justice Christiansted, VI For the defendants. ORDER GÓMEZ, J. On February 22, 2019, the Court held an evidentiary hearing in this matter. At that hearing, Lawrence Carty (“Carty”) and the Bureau of Corrections (“BOC”) were each afforded an opportunity to present evidence and to be heard. Additionally, 1 Pursuant to Federal Rule of Civil Procedure 25(d), the caption of this matter was changed to reflect the substitution of the current Governor of the Virgin Islands as a party. Case: 3:94-cv-00078-RAM-RM Document #: 1092 Filed: 03/05/19 Page 1 of 2 Carty v. Bryan Crim. No. …
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DISTRICT COURT OF THE VIRGIN ISLANDS DIVISION OF ST. THOMAS AND ST. JOHN LAWRENCE CARTY, et al., Plaintiff, v. ALBERT BRYAN, et al.,1 Defendants. ___________________________________ ) ) ) ) ) Civil No. 1994-78 ) ) ) ) ) ) ATTORNEYS: Eric Balaban National Prison Project of the ACLU Washington, DC For the plaintiff Lawrence Carty, Carol Thomas-Jacobs, Acting Attorney General Shari N D’Andrade, AAG Richard Schrader, JR, AAG Ariel Marie Smith-Francois, AAG Virgin Islands Department of Justice Christiansted, VI For the defendants. ORDER GÓMEZ, J. On February 22, 2019, the Court held an evidentiary hearing in this matter. At that hearing, Lawrence Carty (“Carty”) and the Bureau of Corrections (“BOC”) were each afforded an opportunity to present evidence and to be heard. Additionally, 1 Pursuant to Federal Rule of Civil Procedure 25(d), the caption of this matter was changed to reflect the substitution of the current Governor of the Virgin Islands as a party. Case: 3:94-cv-00078-RAM-RM Document #: 1092 Filed: 03/05/19 Page 1 of 2 Carty v. Bryan Crim. No. 94-78 the Court expressed concerns regarding BOC’s continuing failure to provide for the timely transfer of seriously mentally ill prisoners in need of inpatient or intermediate care as required by the settlement agreement. The Court inquired of the parties as to whether the appointment of a receiver should be considered in this matter given the nearly 25-year history of non- compliance. The premises considered, it is hereby ORDERED that by no later than 3:00 P.M. on April 1, 2019, the parties shall each file a brief with the Court addressing whether the Court should consider appointing a receiver; and, if so, whether the Court should schedule a show cause hearing regarding such appointment. S\________________ Curtis V. Gómez District Judge Case: 3:94-cv-00078-RAM-RM Document #: 1092 Filed: 03/05/19 Page 2 of 2