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Bartkus v. Commissioner of Correction

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UNITED STATES DISTRICT COURT DISTRICT OF CONNECTICUT

IN RE PRISON OVERCROWDTNG AND AIDS CASES Consolidated Case No. H-80-b06

RICHARD BARTKUS v.
COMMISSIONER OF CORRECTION
JOSEPH L. LETEZEIO v.
COMMISSIONER OF CORRECTION
PALMER GAINES v.
COMMISSIONER OF CORRECTION
JOSEPH L. LETEZEIO, JR. V.
COMMISSIONER OF CORRECTION
ERNEST D. BRADSHAW, ET AL.
V.
COMMISSIONER OF CORRECTION

: CIVIL NO. H-80-506 (RNC) : CIVIL NO. H-82-245 (RNC)
CIVIL NO. H-81-512 (RNC) CIVIL NO. H-82-531 (RNC) : CIVIL NO. H-81-84 3 (RNC)

SETTLEMENT AGREEMENT

i-Kun j«f.ita t
I. INTRODUCTION
1. This is a consolidated class action commenced in 1980 by individual pro se plaintiffs who were incarcerated at the Connecticut Correctional Institution at Sozaers ("Somers"). in July 1986, the class was certified as all present and future inmates confined at the Connecticut Correctional Institution at Somers. An amended Motion for Class Certification was granted in October 1991.
2. First as individual complaints and then as a consolidated matter, this action has been pending in the United States District Court for the District of Connecticut since 1980, alleging overcrowding and unconstitutional conditions of confinement at Somers. Defendants have denied the allegations. After the class was certified in 1986, discovery and trial preparation intensified. Seven days of trial were conducted in January 1987 before then-U.S. District Judge Jose A. Cabranes; the trial was adjourned before any adjudication on the merits for mediation under the supervision of Senior U.S. District Judge Robert Zampano. Although that mediation did not result in a settlement, the parties continued to negotiate. Since July 1993, settlement discussions have been conducted under the supervision of U.S. Magistrate Judge Holly B. Fitzsimmons.
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3. Since August 1390, the defendant has maintained the population at Somers at a self-imposed level of 1436, even though this number has no correctional significance and was chosen simply because that was the number of prisoners housed at Somers at the time the then-Commissioner made his commitment to the Court.
4. Since the inception of this lawsuit, major improvements and changes have been made in the physical facilities, the housing units, and the programming and treatment services available to inmates at Somers. Cell Blocic G Dormitory I (G-Dorm 1}, the Barbershop, and the Card Room have been eliminated as inmate housing units. The hospital blocks are no longer used for housing protective custody or general population inmates; they are reserved for medical, mental health, and therapeutic or addiction services purposes, and for a geriatric unit. The reception and diagnostic functions for the correctional system, inmates who are chronically mentally ill, and those who require in-patient mental health treatment or long terra protective custody are no longer housed at Somers. The long-term administrative segregation units have been relocated to other facilities.

5. Since the inception of this lawsuit, the State of Connecticut has planned and built a number of new correctional facilities, which have significantly increased the capacity of the correctional system. Partly as a result of this building program, the role of the Connecticut Correctional Institution at Somers in the overall correctional system has changed.
6. In January 1994, the then-Commissioner of Correction announced his intention to materially change the character of the institution at Somers, by converting it from a maximum security into a medium security institution. The changeover was substantially completed on July 1, 1994, and the name of the facility was changed to osborn Correctional Institution ("Osborn").
7. In view of the changed circumstances over the life of this lawsuit, and particularly in light of the Commissioner's plans to change the security level of the institution, the parties were desirous of putting an end to this lengthy litigation and of terminating the Court's active supervision over this case. In May, 1994, the parties arrived at a general agreement concerning terms under which the pending litigation could be resolved.

8. The terms of the general agreement were premised on the Commissioner's independent determination that Soraers should be operated as a medium security facility at its then-current population level. While the general agreement was awaiting final approval at the state level, the Commissioner in good faith proceeded with the planned conversion of Somers in compliance with the spirit of that general agreement. Although the agreement went unexecuted between May and December 1994, and the leadership of the Department of Correction has since changed, plaintiffs recognize that the new administration is entitled to the benefit of the efforts made by the Department over the past two years. Accordingly, the parties stipulate and agree that the pending litigation may be settled in accordance with the terms of this Settlement Agreement.

II. GENERAL PROVISIONS
1. During the effective period of this Agreement, the Conunissioner will maintain the inmate population at osborn at its present level, unless the Commissioner determines that an increase is warranted.
2. Osborn will continue to be operated with a mediumsecurity general population unless the Commissioner determines that a change is appropriate.
3. The decision of the Commissioner to effect changes pursuant to paragraphs 1 and 2 of this section shall be unreviewable and at his sole discretion. He shall give plaintiffs' counsel notice of any such changes within five (5) business days of their becoming effective.
4. This Agreement does not affect or diminish the Commissioner's discretion to administer the correctional system or to populate or configure the institution and its housing units as he determines is proper in his professional judgment.

5. Inmates under a sentence of death or requiring inpatient medical facilities, regardless of their classification level, may, in the Commissioner's discretion, continue to be incarcerated at Osborn.
6. Plaintiffs' counsel will be provided with copies of the daily population counts on a monthly basis for the life of this Agreement.
7. While this Agreement is in effect, lawyers for plaintiffs will be given reasonable access to Osborn.

III. EFFECT OF AGREEMENT AND REMEDIES
1- Effect on Pending and Future Litigation. (a). The court's approval of this Settlement
Agreement shall constitute the full and complete satisfaction of any and all state lav or federal civil rights claims of the plaintiffs and the class which seek declaratory or injunctive relief concerning alleged overcrowding at Somers and which could have been made or were in fact made in the amended complaint or the litigation thereunder, incltidingBr.afcl;It»aM^ii»cllai»Mt%dtlclfc.arett currently pending or'^mt^b^nm^ismsii^tlstemm'^asa^m^^i^m-' Agreement is in*-effects.
(b) . The parties have ncfcv.aiji miiimt* on whether the Approval of this Settlement Agreement by the Court shall have anyeffects o m pending and.. future a^ion^fo^"d^^gesr which? raire clas»-types ciafims1 concerning Somers/Osborn, and will make their arguments regarding res judicata and collateral estoppel on a case-by-case basis.
8

JMi-IDJ
(c). After the approval of this Agreement by the Court and while this, Agreement is in effect, the exclusive remedy for any clasftrtype claim for declaratory or- injunctiver relief alleging, unconstitutional conditions of cqn£inftwenfc at- Osborn, including overcrowding, programming, physical plant, fire safety, environmental health and safety, mental health, and inmate safety
This provision shall provide a basis for either party to move to dismiss any claims not filed in accordance with this provision.
2. Failure to Maintain Constitutional Conditions. Upon. the filing of a lawsuit alleging unconstitutional conditions o f confiiMttuuaiv- a&*pTnvirtiiiii i**-" Fir ijiiiiiailnii UlllWii be void unless the parties agree otherwise. If an adverse judgment in a lawsuit brought by plaintiffs that is not covered by paragraph l(c) would make it impractical for the Commissioner to continue to comply with this agreement, he may void the agreement upon written notice to the plaintiffs.
3. Agreement Voidable. If there, is. an increase in the £.<; population, at Osborn, t$ptin|ariHMiMHBHtllll^^ notice to the defendants.

4. Recourse if Agreement Voided, If the Agreement is voided pursuant to Paragraph 2 or Paragraph 3 of this Section, neither party is further obligated to perform under this Agreement, and plaintiffs then have the right to file new lawsuits, challenging their then-current conditions of confinement and seeking whatever relief they deem appropriate.

5. Expiration of Agreement. Plaintiffs recognize that

Osborn has been operated since May 1994 in a manner consistent

~

with the general agreement drafted at that time (but never

executed) which the parties then contemplated would have a life

of two years from the date of its execution. In light of

defendants' adherence to the spirit of that agreement, thi.a

6. Modification bv Agreement. This Agreement or any portion thereof may be modified by agreement of the parties.
7. Attorneys/ Fees and Costs. The defendants will pay $190, OOG^Qffe~xn^full**and. final settlement of all claims for fees and. 9©s!Ca»k including any expert witness fees, by any counsel whomsoever in the case from its inception to the signing and acceptance of the proposed settlement and to the termination of the agreement. This sum includes all fees and costs which
10

t-KUM JAMtij C. oi«Hint zUobUJi*u/>

K ( ..-

otherwise might have been claimed in connection with the notice, fairness hearing and completion of work on the litigation including potential future claims for any work done after the settlement. Payment of said sum to Attorneys Michael Sheehan, James E. Swainec aiwk Marlt. Lopaa^-oa.behaJLf of the National Prison Project by the defendants shall absolve the State and the defendants from any additional payment of any sum to any other person or entity. In accepting said payment, Attorneys Michael Sheehan, James E. Swaine and Mark Lopez on behalf of the National Prison Project warrant that they shall individually and/or collectively defend, and if necessary hold harmless, the State
pay»»»t(s). It is further expressly agreed and understood that the payment of the aforesaid sum is not an admission of liability on the part of any of the defendants to this certified class action, or any other present or former officer, agent or employee of the State of Connecticut, but rather constitutes a compromise settlement of the claims for attorneys' fees and costs which were made or could have been made in connection with the above-entitled matter.
8. Compromise Nature of Settlement. This Settlement Agreement embodies a compromise of the issues involved in this case. Its provisions are not to be construed as a concession by the defendants that the operation of this correctional facility at a population level greater than 1436 or above a medium
11

.—£.<d.~ I i?
security level constitutes a constitutional violation, nor as a concession by the plaintiffs that the operation of this correctional facility at a population level of 1436 or a medium security level cannot constitute a constitutional violation. None of the agreements made in connection with the resolution of this case are to be construed as admissions of liability on the part of any of the defendants to this certified class action, or any other present or former officer, agent, or employee of the State of Connecticut. Moreover, the provisions of this Settlement Agreement are not to be construed as statements, rulings or precedents with respect to the constitutional or other legal rights of any person or persons involved in any action pertaining to any facility administered by the defendants other than Somers/Osborn.
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9. Approval by Court. This Settlement Agreement shall be submitted to the Court for its review and approval pursuant to Rule 23 of the Federal Rules of Civil Procedure. The parties shall recommend to the court a method of complying with the notice provisions of Rules 23(d) and 23(e).

PLAINTIFFS

DEFENDANTS HAL

MARK J. LOPEZ NATIONAL PRISON PROJECT AMERICAN CIVIL LIBERTIES UNION Suite 410 1875 Connecticut Ave. NW Washington, D.C. 20009 Tel. (202) 234-4830

•HNTffRMSTRONG / OMMISSIONER OF/CORRECTION STATE OF CONNECTICUT

JAMES/SWAINE FFICES OF JAMES E- SWAINE
2 Whitney Ave., Suite 700 New Haven, CT 06510 (203) 498-0086

STEPHEN J. O'NEILL ASSISTANT ATTORNEY GENERAL 110 Sherman Street Hartford, CT 06105 (203) 566-2832

APPROVED this Of

STEVEN R. STROM/ ASSISTANT ATTORNEY GENERAL 110 Sherman Street Hartford, CT 06105 (203) 566-2832
day 1996.
ROBERT N. CHATIGNY UNITED STATES DISTRICT JUDGE
13

 
 FM

UNITED STATES DISTRICT COURT

*

DISTRICT OFCONNECTICUT fififi fy 2 55 PH '98

RICHARD BARTKUS

:

U.S. D!_57_.\!

v.

: CASE NO. H-8O-5O6(RNC)

COMMISSIONER OF CORRECTION :

JUDGMENT The parties in the above-captioned matter having filed a Motion to Approve Settlement Agreement and a Settlement Agreement and the Court having entered an Order Granting Motion to Approve Settlement Agreement, it is therefore, ORDERED, ADJUDGED and DECREED that judgment be and is hereby entered in accordance with terms and conditions as set forth in the Settlement Agreement. Dated at Hartford, Connecticut, this 28th day of March, 1996.
KEVIN F. ROWE, Clerk

By Rob/in D. TaboraT Deputy in Charge

Bartkus v. Commissioner of Correction PC-CT-003-009

UNITED STATES DISTRICT COURT DISTRICT OF CONNECTICUT

FILED
fififi U 2 55 Pfj '%

PALMER GAINES

:

v.

COMMISSIONER OF CORRECTION

U.S. DlS]R .7 -..- r : CASE NO. H-81-512(RNC) :

JUDGMENT The parties in the above-captioned matter having filed a Motion to Approve Settlement Agreement and a Settlement Agreement and the Court having entered an Order Granting Motion to Approve Settlement Agreement, it is therefore, ORDERED, ADJUDGED and DECREED that judgment be and is hereby entered in accordance with terms and conditions as set forth in the Settlement Agreement. Dated at Hartford, Connecticut, this 28th day of March, 1996.
KEVIN F. ROWE, Clerk

By Robfn D. Ta"bora Deputy in Charge

UNITED STATES DISTRICT COURT

DISTRICT OF CONNECTION^ 2 55

J

JOSEPH LETEZEIO, JR. v.
COMMISSIONER OF CORRECTION

:

HAPVV *

: CASE NO. H-82-53KRNC)

:

°

JUDGMENT The parties in the above-captioned matter having filed a Motion to Approve Settlement Agreement and a Settlement Agreement and the Court having entered an Order Granting Motion to Approve Settlement Agreement, it is therefore, ORDERED, ADJUDGED and DECREED that judgment be and is hereby entered in accordance with terms and conditions as set forth in the Settlement Agreement. Dated at Hartford, Connecticut, this 28th day of March, 1996.
KEVIN F. ROWE, Clerk

Robin D. Tabora Deputy in Charge

UNITED STATES DISTRICT COURT

FILED

DISTRICT OF CONNECTICUT flR " ^ 55 ™

JOSEPH L. LETEZEIO v.
COMMISSIONER OF CORRECTION

:

U"HAR£CV

: CASE NO. H-82-245(RNC))l/l.^

:

J

JUDGMENT The parties in the above-captioned matter having filed a Motion to Approve Settlement Agreement and a Settlement Agreement and the Court having entered an Order Granting Motion to Approve Settlement Agreement, it is therefore, ORDERED, ADJUDGED and DECREED that judgment be and is hereby entered in accordance with terms and conditions as set forth in the Settlement Agreement. Dated at Hartford, Connecticut, this 28th day of March, 1996.
KEVIN F. ROWE, Clerk

Robin D. Tabora Deputy in Charge

FILED
UNITED STATES DISTRICT COURf
DISTRICT OF CONNECTICUT U 2 5 5 ^

ERNEST D. BRADSHAW, ET AL v.
COMMISSIONER OF CORRECTION

:

U.S. D l S l / -

HAr;Tr ..>•

: CASE NO. H-81-843(RNC)

:

JUDGMENT The parties in the above-captioned matter having filed a Motion to Approve Settlement Agreement and a Settlement Agreement and the Court having entered an Order Granting Motion to Approve Settlement Agreement, it is therefore, ORDERED, ADJUDGED and DECREED that judgment be and is hereby entered in accordance with terms and conditions as set forth in the Settlement Agreement. Dated at Hartford, Connecticut, this 28th day of March, 1996.
KEVIN F. ROWE, Clerk

Robin D. Tabora Deputy in Charge

2:80-cv-00506

Mark J. Lopez, Esq.

jra

1875 Connecticut Ave., N.W.

*

Suite 410

Washington, DC 20009

•**•

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 13:13 Y0ST P. 3
UNITED STATES DISTRICT COURT DI8TRICT OF CONNECTICUT

RICHARD BARTKUS, PALMER GAINES, ERNEST BRADSHAW, ARTHUR DAVIS, MBLVIU DANIELS, JOSEPH LETSZEZO, JR., on behalf of themselves and all others similarly situated,
Petitioners
JOHN R. MANSQN, Commissioner of Correction*, CARL ROBINSON, warden Connecticut Correctional Institution at Somera, in their official and individual capacities,
Respondents

CIVIL NO."1180-506 f HB1-512 H81-843 K82-24S H82-252 H82-531

FIRST AMENDED COMPLAINT
I. PRELIMINARY STATEMENT This is a consolidated class action brought by six prisoners
confined in the Connecticut Correctional Institution at Somera (hereinafter Soraers) on behalf of themselves and soae 1,350 present and future inmates, including pretrial detainees and sentenced men. The primary issue before this Court is whether the constitutional rights of the plaintiffs and members of their olase are being violated by their incarceration at Sonera, a Connecticut state prison which is egregiously overcrowded, unsanitary, lacking in aeouxity, and unable to provide adequately the basics of general human living needs. Plaintiffs contend that the totality of the conditions at somers violates their rights under the Eighth and Fourteenth Amtndmants to the Unittf States conitltution and seek injunotive and declaratory relief to remedy these violations.
Bartkus v. Commissioner of Correction
PC-CT-003-001

1AR 10 '9 13:13 YOST& flSSdc. NEW P. 9
XX. JURISDICTION

1. Jurisdiction arises under 26 U.8.C. f1341(3) and (4).

2. Declaratory Judgment and further relief are authorised under 3B O.S.C. IS3201 and 2202 and Rule 57 of th« Federal Rules of Civil procedure.

3. Thai* suits to redress deprivations of constitutional rights under color of state law are authorised pursuant to 42 u.S.C. 11913.

2ZZ. CIASS ACTION ALLEGATIONS

* 4. Plaintiffs bring this action on behalf of thenaleves and

all others similarly situated as a class action pursuant to Rule

23(b)(2) of the Federal Rules of Civil Procedure, The class which

plaintiffs represent is composed of all present and future inmates

confined in the Conneoticut correctional Institution at lomers.

The requirements of ftule 23(b) are met in thati

a. Plaintiffs' class consists of the present Somars

inmate population of over 1,300 men and future inmates* a class so

numerous that joinder of all of its members is impracticable.

b. The violations of constitutional rights alleged by

the facts in this complaint axe common to all members of the class.

c. The claime of the plaintiffs are typical of the

elaiAs of all class members.

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d. Plaintiffr will fairly and adequately represent the

interests of the class.

e. Defendants Manson and ftobinson have acted on grounds

generally applicable to the class, thereby making appropriate

injunctive and declaratory relief with respect to the class as *

whole.

MAR 10 '92 13=14 Y0ST8. ASSOC. NEW

P. 13

XV. PARTIES Plaintiffs
5. Plaintiff Richard Bartkus has been sentenced upon criminal charges brought within th* State of Connecticut and is praaantly incarcerated at Soaara. Ha began his independent action H80-506, later consolidated into this action, whil* a pretrial detainee at Sonars. At various tiaas sinea his incarceration* **• has been oonfinad in tha card room dormitory, G dormitory and J dormitory units at Sonars.

6. Plaintiff Palmar G a m e s is * santanead inmate inoarcerstac at sonars. At varioua tines since his incarceration, ha has baan oonfinad in tha C-2 dormitory and G-»l dormitory units at Sooari.

7. Plaintiff Ernast Bradahaw is a santanead innate incarcerated at Sonars. At various times since his incarceration, ha has bean confined in many different housing units at Sonarsr

8. Plaintiff Arthur Davis is a sentenced inmate at soaers. At varioua times since his-incarceration« ha has been confined in many different housing units at sonars.

9. Plaintiff Daniels is a sentenoed inmata incarcerated at Sonars. At various tines sino* his incarceration, ha has baan confined in the hospital dormitory unit at somars.

10. Plaintiff joaaph tetesaio, Jr. is a aentenced innate incarcerated at Sonars. At various times since his incarceration, ha has been oonfined to the 0-1 dormitory unit at Soaers.

Defendants

11. Defendant John R. Manson Is the Commissioner of tha

4

Department of corrections for th* State of Connecticut in whose

• i

custody the plaintiffs are presently oonfined. Pursuant to C.C.S.

•••.ii\
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MAR 10 '92 .3=15 YOST& ftSSOC. NEW

f •• P.n

{18-81, he is responsible fox the overall supervision and direction

of all Institutions, facilities, and activities of the Department

of Correction* including sonars. U« it sued in hia official end

individual capacity.

12. Defendant Carl Robinson ia the Warden for Pursuant to C O . 8 . |1I-I2, ha ia responsible for the daily operation and administration of Somars. Ha ia sued in hit official and individual capacity.
V. STATEMENT OF FACTS

13. The Connecticut Correctional Institution at Sonera ia . the*state's only maximum security correctional faoility for adult nalaa and ia designed to hold long term sentenced inmates. Though the vast majority of priaonera at Sonera are sentenced inmates, pretrial detainees are alao held there.

14. The population of priaonera that soaers was designed to

hold ia approximately 950,, However, «s of March 24, 1982, the

Sonera inmate population was 1,365 or aa increase of 30% over

design capacity.

.

A. Intolerable Physical Facilities

15. Due to lncreesea in the number of inmates, new dormitories to house the swelling population have been created in the "card room" area* the second floor of the hospital ntdical wards, the old "barber shop," and G block replacing th* prior uses of these areas.
16. The "card room" dormitory is a room containing 4132 square feet housing approximately seventy-two men in thirty-six bunJcbeds lined up in rows with only about two feet of floor apace between the bed rows. Xt is a room that waa originally designed for a twinning pool and its windows are blacked over so that little
or no natural light enters. There are only nine showers, four

MAR 10 ' 9 2 13:19 YOSTS. ftSSOC' NEW

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toilet stalls, four urinals and three sinks available to the card room dormitory inmates.
17. Due to ovarorowding at Sonars, tha seoond floor of the prison hospital has baan converted from medical interview rooms to housing. The smaller rooms contain approximately six man while the dormitories, 9W, 12W, and llw, are larger.
18. Zn the 12W hospital dormitory, there are approximately sixteen beds in an area of S85 squara feet and only one toilet and ona sink available for inmate use. Zn the 9W hospital dormitory, there are approximately thirty beds in an area of 1368 square feat.
19. Zn the llw hospital dormitory, there are approximately thirty-four beds with only ona showar, two toilats, and ona urinal.
20. The old prison barber shop space, containing 900 square feat has also bean oonverted to a dormitory, Thara are twelve double bunk bads for fwanty-four inmates with only ona toilet, one urinal> and ona sink.
21. 0-1 dorm houses approximately thirty-six men in a space of 1085 square faat with two toilets, and two sinks.
22. Q-2 dorm houses approximately fifty-two men in a space of 2SS0 square feet with three toilets, three urinals, six sinks, and three showers.
23. The conditions in these d o m e are not designed to privida adequate living space in that:
a. Bach inmate has less than sixty square feet of living spaoa.
b. The noise level is high and interferes with normal human activities.
o. Air circulation and ventilation is Inadequate resulting in a dormitory that is hot, smokey, and smells unclean.

MftR 10 '92 13-,19 YOST&'ASSOC. NEW

P.4

needs. faoillties.

d. The donna are infested with vermin. «. The lighting is inadequate for general living
f. There is no adequate space for recreation. g. There are inadequate shower and bathroom
h. There is inadequate fire protection.

24. Inmates housed in the dormitories at Somers are subjected to auch effects of the overcrowding including but not limited to the followingi
a. Men are packed into the dormitories in rows of douSle bunks with no space to move about.
b. There is no privacy for inmates. c. There are no dayrooms from which to escape the crowded conditions. d. There is no activity or exercise space in the dormitories. e. These overcrowded conditions cause stress, strain* and tension and are detrimental to the inmates' physioal and psychological health. f. Violence is increased as a result of the crowding in the dormitories and there is a lack of safety and security. g. Inmates are confined'in these areas for approximately twenty hours daily.
25. In £ Block and G Block some members of plaintiffs' class are now being confined with one other inmate in a single cell/ of approximately sixty square feet, a practice known as "double celling."

as. Also in B Block* beds and inmate living quarters have been set up in Increasing numbers in the hallways to house
part of the increased inmate population*

MAR 10 ' 9 2 3 : 2 0 YOST& ftSSOC. NEW

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P.!

27. That* praeticaa reault in inadequate living apace fox

the double o*lled inmatea and aubject inmatea to detrimental

affeota of oyererowding including but not liaited toi

a. Tha call containa only a toilat, a aat of bunk

bada, minimal furnlahinga and a narrow walkway and iaaa than aixty

aquara feat of living tpaoa par innata.

b. Thara ia no exarciie or activity apaoa in tha

call.

Of Thara ia no privacy in tha call.

d. Thara ia inadaquata ventilation and lighting in

tha oall.

a. instates hava no fraa aocaat to dayrooma from

which to escapa tha doubla call*

f. Inmataa ara eonfinad in tha doubla call for

approxi»ataly twanty houra daily.

g, Tha erowdad oonditiona ara datriaaatal to tha inmataa1 phyalcal and paychologioal haalth aa wall aa phyaical

aafaty.

...

B. Lack of Propar Oiagnoatie and Claaaification Syatem

28. Oua to tha ovarcrowding at Somera, thara ia no

adaquata innata claaaifioation ayataa. Mantally ill and violent

inaataa ramain mixad in with tha ganaral priaon population,

aacauaa of tha ovarcrowding, thaaa inmataa ara not ramovad and

placad in appropriata asaaa.

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29. Xnntataa ara eonfinad in aagragation away from tha ganaral population for langthiar parioda of tima than raquirad dua to ovarcrowding at somara.

30. aacauaa of tha lack of adaquata living apaca at somara dua to tha ovarcrovding, pratrial datainaaa ara intarminglad and houaad with tha ganaral lnmata population.

\

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MAR 10 ' 9 2 1 3 = 2 1 YOSTS. ftSSOC. NEW

P.6

31. prisoner! with drug, alcohol, and mental health problems are not identified" and experience long delays in diagnosis because of the overcrowded conditions,
C# Idleness and back of Constructive Activity
(1) tack of Jobs
32. Due to the overcrowded conditions at Sonera, defendants have made few efforts to increase the number of prisoners employed in meaningful ways.
33. Many Soraers inmates are given . job titles without ooneomitant responsibilities. For example, many inmates have the job title of window Washer only to remain looked in their cells all day with no work to do.
34. oue t» the overcrowding there, are lengthy waiting lists for the limited number of jobs available, and not every inmate who wanta a job oan have one.
•i
35. Oue to.the inadequacies of the Sewers job program, moat prisoners have nothing to do. sxoept for recreation time of approximately one and one-half houra a day* and meal time of two hours a day, they remain locked in their dormitories, oallblocks, or eelIs for about twenty and one-half hours each day.
(2) LaoJe of Educational and Treatment Programs
36. The Comers educational system is overcrowded so that many prisoners do not reoeive the individual attention needed to maintain or improve their skills, aptitudes, and knowledge•
37. Many inmates oannot even get into educational programs and remain on waiting lists for such programs due to the overcrowding.

MAR 10 '9 15=16 YOSTS, ASSOC. NEW

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P.7

\ 38. Whilt the inmate population has increased,
there has been no corresponding increase in educational program staff for the inmatea.

31, Due to overcrowding, inmate aceeaa to the drug, alcohol and mental health treatment program* at Sonars has beea sharply curtailed. There are long waiting lists for antsy into these programs•

40. The number of prison counselors has not increased in proportion to the increase in inmate population so that an innate now experiences long delays in seeing a counselor and, being referred to treatment or other sorts of programs.

(3) Lack of Recreational Opportunities

41. The limited indoor facilities which include only two gyms,a weightrooa, and a room with boxing equipment are inadequate for a prison population of over 1,300 inmates.

42. Prisoners do not go outside for recreation unti the summer schedule begins in June, and only in good weather. Froa September to May, there is no outdoor recreation.

43. Due to the overcrowded conditions at Somers, recreation time has been reduced. Prisoners receive approximately one hour of recreation * day.

44. Due to overcrowding, reoreational opportunities are inadequate. Recreational facilities, equipment, programs, and staff are insufficient to accommodate the excess number of inmates over design capacity.

D. Restrictions on Visiting

45. Due to the overcrowding, visiting time has been reduced and space for visitors is inadequate.

MAR 10 '92 15:16 YOST& ASSOC. NEW

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S. Lack of Adequate Medical Cart 46. Due tp overcrowding, medical ease hat become more
difficult to obtain.
47. There are delays in obtaining routine m*4ie«l e*x«. 48. Medical specialists are not available and there are lengthy delays in obtaining specialised medical care. 49. Medical supplies are not available in adequate quantities.
T. Inadequate Pood
50. Due to ovarorowding, meal portions have been reduced.
51. roods, especially meets, provided at Sonera are now of lesser quality than before the facility was overcrowded.
Q. Inadequate Security and Increase in violence 52. As a result of* the overcrowding at sonars, tension
and violence in the prison have increased! such that plaintiffs' safety is in jeopardy.

MAR 10 '92 15=17 YOST& flSSOC. NEW

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S3. Although there hat bean approximately a 30% incraaaa

in inmate population over design oapacity«

there has

been no matching inoraaaa in tha number of guard*.

$4, Tha violence

Is attributable, to

inadequate diagnostic and clarification system* tha leek of

constructive activities, tha abaanca of work opportunities, tha

abianoa of treatment program participation, tha inadequate numb«r

of prison counselori, tha lack of security staff* the absanca of

adequate raoreational and educational programs and adequate

living spaoe for the inmatas.

59. As a result of the overcrowding and inadequate security at Somers, inmates and guards have sustained physical injuries.

VZ. FIRST CLAIM FOR RELIEF - Eighth Amendment (Totality of Conditions for Sentenced Inmates)
56. Paragraphs one through fifty-five are incorporated herein *a if reproduced in full.

57. The totality ox the overcrowded conditions at fiomers, including the limited living, space|j.n»dequste, dangerous, and unsanitary housing; poor food; limited medical e*xa, treatment programs* and educational opportunities; tha failure to classify and diagnose violent and mentally ill inmates; the-inadequate opportunities for recreation and visiting; and the overburdened counselling and inadequate security staff, provided by the defendants subjects plaintiffs and members of their class to cruel end unusual punishment in violation of the eighth and Fourteenth Amendments to the United States Constitution.

VIZ. SECOND CZAZN FOR REU2F - Fourteenth Amendment (Totality of Conditions for Pretrial Detainees)

58. paragraphs one through 57 if reproduced in full.

art Incorporated herein as

YOSTS'ASSOC. NEW

P. 10

- 13 -

59. The totality of the overcrowded conditions at including .tha limited living space; inadequate, dangerous, and unsanitary housing* poor foodj limited nadioal cars* treatment programs, and aducational opportunities; the failure to classify and diagnose violent and mentally ill inmates; the inadequate opportunities for reareation and visiting; and the overburdened counselling and inadequate security staff, provided by tha defendants constitutes a denial of due process of law in violation of the Fourteenth Amendment to the United States Constitution for pretrial detainees inoaroerated at Bomers.
VJIX. THIRD CLAIM FOR RBLIBP - Eighth Amendment (Failure to Identify and Separate Prisoners)
(0, paragraphs one through fifty-nine M e incorporated herein as if reproduced in full.
61. the defendants' failure to identify and separate prisoners according to the security and custody risk they present violatee plaintiffs' and members of their olass Eighth and Fourteenth Amendment rights under the united States Constitution.
IX. FOURTH CLAIM FOR RELIEF - Eighth Amendment (Failure to Provide Reasonably Adequate protection)

MPR 10 '92 15:18 YOSTS'ASSOC. NEW

- 13 -

62. Paragraphs one through sixty-one are incorporated herein ai if reproduced in full.
63. The defendant!1 failure to provide the plaintiffs and members of their elan with reasonably adequate protection froa h a m violate* their Eighth and Fourteenth Amendment rights under th« United States Constitution.
X. FIFTH CXAXM FOR RELIEF - Eighth Amendment (Failure to Provide Adequate HealthftfldMental Health Care)
64. Paragraphs one through sixtythree are incorporated herein as if reproduced in full.
65. The defendants' failure to provide an adequate system of mediaal and mental health care services delivery violates plaintiffs' and members of their class rights under the Eighth and Fourteenth Amendments to the United States constitution.
XX. PRAYER FOR RELIEF
WHSREFOWC, plaintiffs pray for the following relief by this Court)
1. Assume jurisdiction over this action.
2. Certify/ pursuant to Rule 23 of the Federal Rules of Civil Procedure, that this action is a proper olass action and that plaintiffs are proper class representatives.
3. inter a declaratory judgment pursuant to 28 O.8.C. SS2201, 2202 and Rule 57 of the Federal Rules of Civil Procedure, declaring that*
a. The totality of the overcrowded condition* at Sonars including the limited living spaoe; inadequate, dangerous, and unsanitary housing? poor food; limited medical care* treatment programsi and educational opportunities; the failure to classify

MAR 10 '92 15=18 YOSTS. ASSOC. NEW

P. 12

and diagnose violent and mentally ill inmates; the inadequate opportunities for r•creation and visiting; and tha overburdened counselling and inadequate aeaurity staff, provided by defendants subjects plaintiffs and members of their class to cruel and unusual puaiehment in violation of the Eighth and Fourteenth Amendments to the United States Constitution.
b. The totality of the overcrowded conditions at Somers including the limited living space; inadequate, dangerous, and unsanitary housing; poor foods limited medical care, treatment programs, and educational opportunities; the failure to classify end diagnose violent and mentally ill inmates; the inadequate spportunitiea for recreation and visiting; and the overburdened counselling and inadequate security staff, provided by defendants constitutes a denial of due process of law in violation of the Fourteenth Amendment to the united States Constitution for pretriai detainees incarcerated at Sonera.
e. The defendants,' failure to identify and separate prisoners according to the security and custody risk they present violates plaintiffs' and members of their olass1 Eighth and Fourteenth Amendment rights under the United State* constitution.
d. The defendants' failure to provide plaintiffa and members of their class with reasonably adequate protection from harm violates their Eighth and Fourteenth Amendment rights under the united Statea Constitution.

MAR 10 '92.. 15:19 YOSTS, ASSOC. MEW

- IS -

P. 13

a. Tha defendant!• failure to provide an adaquate system of madioal health eara services delivery violate* plaintiffs' tnd members of their class' rightf und«r tha Eighth and Fourteenth aendment* to tha United States Constitution.
4. Enter a preliminary and permanent injunction enjoining tha defendants, their agents, employees, and these parsons acting in concert with them from confining «ny future prisoners, sentenced or pretrial in tha Connecticut correctional institution at Somers* unless and until the conditions are remedied such that all plaintiffs and members of their class raoaive the benefits oft
a. Adequate living space in safe and sanitary quarters. bt An adequate number of showers, toilets, and urinals. c. A reduced level of noise so as not to interfere with normal human activity. d. Adequate lighting for general living needs. a. An improved ventilation system such that temperatures are properly regulated/ smoke and polutants are removed front tha ir, and noxious odors are dissipated. f. An adequate number of jobs with appropriate coneomnitant responsibilities. g. Adequate educational and treatment program opportunity h. Adequate food in quality and quantity. i. Adequate recreational opportunities. j. Adaquate protection from physical and psychologioal arm. k. Adaquate medical and mental health oare. 1. An adaquate inmate classification system.

m. Adequate visiting opportunities.
5. Issue an order preliminarily and permanently enjoining slendants, their agents, employees and those persons acting in oncert with them from interfering with plaintiffs' rights

MPR 10 '92 15:20 YOST& ASSOC. NEW
guaranteed by the Bighth and Fourteenth Amendments to the united States constitution#

P.14

6. Order that defendants pay costs and attorneys' fees for this action, as authorised by the Civil Rights Act of 1976, 42
u.s.c. s i m .

7. Grant such other and further relief as the Court deans just and proper.
Respectfully Submitted, The Plaintiffs

avt
Martha atone Deborah 8. freeman Connecticut Civil Liberties
Union Foundation 22 Maple Avenue Hartford, CT 06114

W. Greene, Jr. Brian Smith Legal Assistance to Prisoners 340 Capitol Avenue Hartford, CT 06106
Attorneys for Plaintiffs

CERTIFICATE OF 88RVIC1

This is to certify that a copy of the foregoing has been toailad postage prepaid to Assistant Attorney General, Stephen O'Neill, 340 Capitol Avsnue, Hartford, CT 06106 this /} day of June, 1912.

Martha stone

 
 Chambers of ,'iorable Robert C. Zampano, U.S.D.J
0CT17 1989
U.S. DISTRICT COURT
October 10, 1989

Honorable Robert Zampano United States District Court 141 Church Street New Haven, Connecticut 06510
ATTENTION: Sharon Kaskie
Dear Sharon,
As per our conversation, I am forwarding you a fax copy of the proposed Concent Judgment. Re: Richard Bartkus, et al v. John R. Manson, et al. Civil No. H-80-506(JAC). Appendix A is incomplete, additional industries and Correction Officer staff should be added. Tom White of Commission Meachum's staff is working on this and will have the final document due you by next week. The Official hard copy will be forwarded to you as soon as I receive it.
The Panel agreed onMonday, October 11, 1989, that the content of the attached document represents unamious agreement of the panel with, of course, additional staff.
Sincerely,

JMCM:dh

LJacqufcline McMickens /chairperson /I Niantic Mediation Panel

Bartkus v. Commissioner of Correction
PC-CT-003-003

UNITED STATES DISTRICT COURT DISTRICT OF CONNECTICUT

RICHARD BARTKUS, ET AL, PLAINTIFFS,
V.
JOHN R. MANSON, ET AL, DEFENDANTS

CIVIL ACTION NOS H-80-506 (JAC) H-82-252 H-81-512 H-81-843

CONSENT JUDGMENT

TABLE OF CONTENTS

I.

GENERAL PROVISIONS

II. HOUSING

III. CLASSIFICATION SYSTEM

• IV. STAFFING

i

j V.

PROGRAMMING

'.

! VI. USE OF DOGS ! j VII. ENVIRONMENTAL HEALTH AND SAFETY

VIII. MEDICAL AND MENTAL HEALTH PANELS.

'• IX.
i
A. '
;

MONITORING OF CONSENT JUDGMENT
APPENDIX A (STAFFING NOT INCLUDING MEDICAL AND MENTAL HEALTH PANELS1 UNANIMOUS RECOMMENDATIONS)

PAGE 3 6 8 11
13 18 18 24 26
28

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I. GENERAL PROVISIONS 1. The provisions of this Consent Judgment resolve the
existing disputes and issues in the above-entitled case between the plaintiffs, individually and those similarly situated as present and future inmates confined at The Connecticut Correctional Institution at Somers, and the defendants, all of whom are officials and employees of the Connecticut Department j of Correction.
2. This Consent Judgment satisfies and resolves the claims of the plaintiffs and plaintiffs' class in the above-entitled case as of the date of the Consent Judgment.
3. The provisions of this Consent Judgment are the result of lengthy and careful negotiation among all the parties under the supervision of the Settlement Judge and the Mediation Panel. They have been agreed upon solely as a means to put a reasonable end to this complex case and to avoid the costs, time and risks which would be involved for both parties. The Consent Judgment embodies a compromise of the issues involved in this case and, while its provisions are binding on the parties herein, its provisions are not to be construed to be statements, rulings, or precedents with respect to the constitutional and other legal rights of persons who are parties or nonparties to this litigation in this or any other action. Moreover, the provisions of this Consent Judgment are
-3-
I l

not to be construed as statements, rulings, or precedents with respect to the constitutional or other legal rights of any person or persons involved in any action pertaining to any facility administered by the defendants other than the Somers Correctional Institution.
4. The provisions of this Consent Judgment may be suspended or modified in part or in its entirety if the Commissioner, Warden, or person next in command, determine that a "genuine emergency" exists at CCIS or any portion thereof.. Genuine emergency means any special circumstances, or !j combination thereof, under which it is reasonable to conclude
11
j' that there is any actual or presumptive threat to (a) either ji the security and order of CCIS or any portion thereof, or to jj (b) the safety of the staff, inmates or other persons within 11 CCIS. If a "genuine emergency" lasts longer than twelve hours ji i: or recurs once or more in a one week period, defendants shall 1 report to plaintiffs' counsel, and the Mediation Panel, within
forty-eight hours except for good cause, the date of the ;, emergency, the nature of the emergency, and what provisions of lj this Consent Judgment were suspended and/or modified and how ij they were suspended and/or modified. Population increases
alone and overcrowding shall not constitute a "genuine emergency."
5. The provisions of this Consent Judgment can be temporarily suspended or modified for a specific inmate by
-4-

1 defendants when, in the opinion of prison authorities, disciplinary or security reasons require such action. Any permanent suspension or modification of the provisions of this Consent Judgment for a specific inmate must be approved by the Mediation Panel. 6. A plaintiff, a member of plaintiffs' class, or plaintiffs' counsel may file a claim of noncompliance with any provision of this Consent Judgment with the Mediation Panel. The Mediation Panel shall resolve any such claim as soon as practicable pursuant to the Monitoring provisions of this Consent Judgment. 7. As used in this Consent Judgment, the following terms shall have the following meaning unless specifically stated otherwise: a. The "Commissioner of Correction" shall mean the Commissioner of Correction or his designee. b. The "Warden" shall mean the Warden of CCIS or his designee. c. "Inmate" shall mean the plaintiff class composed of men who are or in the future will be confined in the Connecticut Correctional Institution at Somers sentenced status. d. "CCIS" shall mean Connecticut Correctional Institution at Somers as it exists on October 1, 1989.
-5-

e. "Sentenced inmate" shall be defined as any inmate who

is serving a sentence regardless of whether he has other

charges pending, unless otherwise specified.

8. Notice to the Plaintiffs' class shall issue pursuant

to the notice provisions approved by the Court.

9. The approval of this Consent Judgment by the Court

constitutes the full and complete satisfaction by the

defendants of any and all state law or federal civil rights

claims of the plaintiffs and the class as of the date of the

Judgment, including those applicable to individuial members

which were made or could have been made, as long as appropriate

notice is given to all class members.

'

10. Any of the staff which is required by this Consent

' Judgment may be assigned duties by the Warden of CCIS, or his

designee, other than those provided for in this Judgment

provided such assignment is consistent with the level of

Programs and Services provided for in the provisions of this

Judgment.

II. HOUSING

1. Defendants shall eliminate the following areas as

inmate housing:

Cell Block G Dormitory 1 (G-Dorm 1)

Barbershop

Card Room

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2. Defendants shall eliminate housing inmates in the

hospital except for medical and mental health purposes.

3. Defendants will use only single bunks in the following

areas:

Cell Block G Dormitory II (G-Dorm 2)

J Basement Dormitory

J One Dormitory

J Two Dormitory

4. Defendants have approval of the Mediation Panel to

operate CCIS at a level of 1587 inmates in housing areas

designed for inmate housing.

5. Space shall be made available to serve as the physical

plant for programming for protective custody inmates to include

i the construction of a new program area. (See Appendix A, PC
'i

!j Support Building.)

!J . 6 . Within six (6) months of the signing of this judgment,

:j the function of all units within CCIS shall include:
i|

\\

a. A cell block, or portion thereof, to be designated

•!

to house only inmates classified as in need of

!

i

•

•I

;i

I

protective custody.
b. A cell block, or portion thereof, to be designated to house only inmates classified as in need of

j

segregation.

j

c. Hospital II shall house only inmates classified as

in need of continual psychiatric care.

-7-

d. Hospital III shall house inmates classified as in

need of continual medical care.

e. A new admissions block, or portion thereof, to

house inmates in the process of being classified.

f. Changes in the function of housing units

consistent with sound correctional practice shall

i

be permitted without prior panel approval so long

as the panel is notified within 15 days of the

change. The panel shall thereafter review such

change for approval or disapproval.

7. No housing at CCIS shall be intentionally assigned
i I

solely on the basis of race.

8. Inmates housed in segregation cells shall be monitored

at least hourly by Correction Officers or medical personnel.

9. The defendants may reconfigure inmate housing

utilizing the 1587 beds referred to in paragraph 4 by utilizing

areas in CCIS which are not presently being used for inmate

housing without prior panel approval. In such event the

defendants shall, as soon as practicable but not later than 15

days thereafter, notify the Mediation Panel of the action. The

panel shall thereafter review such changes for approval or

disapproval.

III. CLASSIFICATION SYSTEM

A. New Admissions

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1. Defendants shall design and implement a classification system so that newly-admitted inmates at CCIS shall be classified within thirty days from the time they arrive at the institution.
2. During the period of initial classification for new inmates at CCIS, these inmates shall be housed separately from general population. No inmate shall be allowed to remain in classification status in the new admission area longer than 30 days. Newly-admitted and unclassifed inmates shall not be placed in any other housing units in CCIS barring a legitimate correctional purpose.
3. Defendants shall screen each newly-admitted inmate within three hours to determine if the inmate is in need of immediate medical or psychiatric care. Such care, if necessary, shall be provided while the classification process is completed.
4. Defendants shall screen each newly-admitted inmate within three hours to determine if special security measures need to be taken with regard to a particular inmate to assure the safety of other inmates and staff.
5. As soon as the classification process for a newly-admitted inmate is complete, but not later than thirty days after admission to CCIS, the inmate shall be placed in the appropriate housing unit at CCIS or in another appropraite correctional facility. He shall be allowed to participate in

j ;

11

-9-

all programs as soon as reasonably possible as determined by

classification.

B. Internal CCIS Classification System

1. Defendants shall design and implement a classification

system for inmates within CCIS that responds promptly and

effectively to inmates' changing needs within the institution.

2. The reclassification system shall ensure that inmates

do not continue to reside in inappropriate units at CCIS.

Specifically, when an inmate is reclassified in accordance with

the procedures developed pursuant to the provisions of

paragraph B.I. as in need of placement in administrative

11 segregation, protective custody, or other special management

status, the inmate shall be placed in the appropriate unit.

When an inmate is reclassified in accordance with the

procedures developed pursuant to the provisions of paragraph

jl B.I. as appropriately residing in the general population, the
i I

!• inmate shall be placed in a housing unit in the general

population.

;!

3. Inmates who have received a medical discharge from the

1j
|i hospital will not remain confined in the hospital awaiting a

11 placement into protective custody or general population. jl

4. When inmates have been classified for transfer to

other correctional facilities, they shall be transferred to

such institutions as soon as reasonably possible.

I I
II
-10-

IV. STAFFING

A. General Provisions

1. There shall be at all times a staff of qualified

personnel on duty, sufficient in number and training, to

provide for adequate security, recreation, access to programs,

medical care and transport within and outside the facility, and

visitation (both legal and personal) for the inmates such that

inmate access will not be unnecessarily impeded.

j!

2. Defendants shall furnish staff, capital projects and

equipment as defined in Appendix A. Within 30 days of signing

of this order an appropriate hiring plan shall be submitted to

the Mediation Panel for its approval.

!

3. Defendants shall make every reasonable effort to

I

i promptly fill all vacancies.

i

i

4. Any vacancy which exists for two continuous months or

I

j longer shall be reported to the Mediaton Panel.

1 Notwithstanding any other provision of this Judgment, Appendix

: A represents the total resource allocation obligation of the

: defendants, except for the unanimous recommendations of the

j Medical and Mental Health Panels as unanimously approved by the

j Mediation Panel.

!

B. Counseling

1. Defendants shall establish a Unit Management system

for delivering counseling services and managing inmate decision

making. This program will be provided to the Mediation Panel

for approval in three months.

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2. Housing unit officers shall be included in the team. 3. Space will be provided in the housing units for office space for the counselors (CRSO) and treatment officers (CTO). 4. Counselor and counselor supervisor duties shall be limited to professional counseling responsibilities.
a. Counselors duties shall be limited to those outlined in their job descriptions.
b. Counselors shall perform individual and group counseling, including vocational/career, discharge planning and family outreach.
c. In-service training shall be provided in basic counseling theory, effective interviewing skills, counseling in involuntary and resistant client service, effective counseling of minorities, discharge planning procedures and counseling for special populations.
d. The Assistant Warden for Treatment shall develop a glan to insure and improve communications among the counseling staff.
e. Defendants shall provide additional personnel for counseling and support services for counseling personnel. (See Appendix A.)
f. Defendants shall provide a computer based recordkeeping system in order to maintain inmate based counseling records.
-12-

V. PROGRAMMING A. Weekday Activity 1. Defendants shall afford substantially full-time work,
educational, vocational and/or on-the-job training opportunitities to general population inmates who are both medically and mentally capable of participating in these activities.
2. In addition to these programs, each general population inmate shall be given an opportunity to be involved in recreational and other non-programmatic activity no fewer than four hours a day on each non-holiday weekday, out of his cell or sleeping area, and he shall be given an opportunity to spend at least two of those four hours in a gymnasium, an outdoor recreation yard, or in some form of in-shop hobby activity if the inmate is enrolled in such activity; provided, however, that each such inmate shall be given an opportunity to spend at least one of those two hours in a gymnasium or an outdoor recreation yard. The balance of the inmate's non-programmatic time may be spent in a dayroom, library, chapel or other recreational facility or activity; provided, however, that the inmate must have alternatives to the dayroom for a substantial portion of that time. Time spent by an inmate in a dayroom during population counts or awaiting access to a dining room otto commissary shall not be regarded as non-programmatic or recreational activity for the purpose of this paragraph. Any
-13-

medically capable, general population inmate who is not

afforded substantially full-time work, educational, vocational

and/or on-the-job training opportunities shall be provided

additional non-programmatic and recreational opportunites

commensurate with any shortfall in his opportunity for

programmatic activities.

3. No general population inmate shall be locked in his

cell longer than 12 hours per day until a unit mangement system

ji is functioning or 12 months from the signing of this Order.,

U whichever occurs first. At that time a program will be

|j developed to insure that no inmate in general population may be jl j! locked in the cell more than 10 hours per day. That program i|

!| will be submitted to the Mediation Panel for evaluation.

'i

B. Weekend and Holiday Activity

1. On each scheduled non-work day (Saturday, Sunday and

holidays), each general population inmate shall be given an

opportunity to spend at least three hours in a gymnasium or an

outdoor recreation yard, or in some form of in-shop hobby

activity if the inmate is enrolled in such activity; provided,

however, that each such inmate shall be given an opportunity to
!l spend at least two of those three hours in a gymnasium or an

outdoor recreation yard. In addition, he shall be given the

opportunity to spend at least four hours in a dayroom, library,

chapel, or other recreational facility or activity; provided,

however, that the inmate must have alternatives to the dayroom

-14-

for a substantial portion of that time. Time spent by an inmate in a dayroom during population counts or awaiting access to a dining room or to commissary shall not be regarded as non-programmatic or recreational activity for the purpose of this paragraph.
C. General Programming 1. Education, recreational, vocational and work programs will be established so that at all times a minimum of 80% of the total inmate population in general population is assigned to and participating in educational, vocational or work programs, recreation for six hours per day, five days per week. D. Protective Custody 1. Protective custody inmates shall not be punished II because of their status. I 2. Protective custody inmates shall have, consistent with their personal safety, an opportunity for recreational, 11 treatment programs, law library, education, drug and alcohol, medical, psychiatric, religious programs, and other programs. 3. A survey will be taken and kept up to date for the educational and vocational needs and preferences of those in the full program of protective custody. This survey will be available to the Mediation Panel during the period of monitoring of the remedial order. The needs of those in the full protective custody program will be met on a similar basis

;!

-15-

to those of the general population consistent with sound

j correctional practice. The delivery mechanisms and the

principles on which training is made available will be the

same, consistent with the safety and security needs of the

protective custody inmates and staff.

4. There shall be developed within sixty (60) days new

policies and procedures for admission and release of inmates

from protective custody housing. The procedures shall include

but not be limited to:

a. Reasons for protective custody.

b. Methods to be used for investigation into the

j

reason for admission or discharge from protective

' i

ji

custody.

j

c. Standards of proof necessary for admission to or

i

'•

discharge from protective custody.

!i

•

d. Time span for regular review of protective custody

i
status.

|!

5. Inmates who are classified as in need of protective

»

custody shall be immediately placed in appropriate housing.

E. Vocational Education Advisory Council

1. The Commissioner of the Department of Correction shall

establish a Vocational Education Advisory Council to serve the

Connnecticut Correctional Institution, Somers. Council members

will be subject to the authority of the Commissioner.

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2. Representation

Representation shall be composed of not less than five

members of the general public with training in business,

industry, and construction.

3. Term of Appointment

Members shall be appointed for terms to be determined

by the Commissioner.

4. Meetings

The Council will meet a minimum of four sessions each

academic year. Further meetings may be called as circumstances

require. The Council shall file an annual report with the

ij Commissioner.

!i

ji

5. Rights

li

M

a. The Commissioner will appoint a chairperson and a

i;

secretary. Minutes of all meetings will be published and

circulated to council members, institution administration, the

Commissioner of Correction, and the Director of Education.

b. Members of the Council may visit CCIS to observe

programs with the permission of the warden.

6. Responsibilities

a. Council members will make recommendations to the

Commissioner as to vocational offerings with respect to current

labor market needs in Connecticut.

b. Council members will provide information updates

I regarding technological changes in their respective fields.

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ii

c. Council members will provide guidance in placement of program participants following release.
7. Within sixty days after approval of this Consent Judgment, the Mediation Panel shall assess or appoint designated experts to assess the staff and programs to meet the needs of all inmates. VI. USE OF DOGS
1. The canine unit should not be used for routine inmate control in general population. Dogs can be used to detect contraband and to track escapees.
2. Dogs shall not be allowed to accompany correctional officers while they are routinely patrolling the housing units or delivering food to any inmates.
3. Inmates shall not receive any disciplinary report for talking to or pointing fingers at the dogs.
4. Inmates shall not harass canines. VII. ENVIRONMENTAL HEALTH AND SAFETY
A. Fire Safety 1. Defendants shall implement all recommendations made by the Connecticut Fire Marshal, as per the Connecticut State Fire Code. B. Lighting System 1. It will be a goal to upgrade exiting incandescent fixtures in sleeping rooms and replaace them as needed to ensure twenty foot candles to comply with ACA recommendations.
-18-

i
-i- - - •* — K m '

2. It will be a goal in multiple occupancy sleeping rooms

to have receptacles and desk lamps except at high risk security

areas. Use of such lamps shall be permitted.

3. It shall be a goal in dorm sleeping rooms, existing

incandescent fixtures shall be replaced as needed to provide

twenty foot candles to comply with ACA recommendations.

Controls of night and emergency lights should be provided to

limit interference with sleeping.

|

4. It will be a a goal of CCIS to provide receptacles and

i

! desk lamps or individual light fixtures for each bed position.

i

j Use of such lamps where possible will be permitted.

1

5. A program of maintenace, repair, and relamping of

S fixtures in inmates living and toilet areas and rooms shall be
i
! initiated and maintained.
i
C. Ventilation

1. Defendants shall provide adequate ventilation for all

ij l1i0vicnfgm ouuntistisd.e oIrt rsehcalilrcubleataedg,oalfitlotermeedetaitrhepAeCrA rSetsainddeanrtd.s cf
I! 2. Defendants shall either institute a preventive
i :
ii maintenance program for all ventilation equipment program that

includes schedules for inspection and maintenance, and a spare

parts inventory, or defendants shall contract with a licensed,

independent, outside firm to provide said services.

D. Painting

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1. A painting schedule shall be maintained. Priority

areas should be toilet rooms, toilet areas, shower areas, and

shadow areas of multi-occupancy dorms.

E. Plumbing fixtures

1. It shall be a goal that where counted as showers,

shower heads shall be installed in bathtubs to achieve proper

ratio in accordance with ACA Standards.

2. It shall be a goal to install a pressure type mixing

valve on all showers.

F. Toilets

1. Defendants shall provide sufficient staff so that

inmates will have reasonable access to go to the bathroom

and/or get a drink of water.

G. Heating-Ventilating System

1. Defendants shall repair existing inoperative fans,

motors, drives, and controls. Priority should be given to

shower areas.

j

i

2. Defendants shall implement a preventive maintenance

;

i

program. This plan should include equipment inventory,

scheduled inspection/maintenance, and a regularly needed parts

inventory.

3. Defendants shall establish and maintain a regular

replacement and/or cleaning program for filters and grilles,

and establish a policy of monitoring filters free of blockage.

-20-

4. Defendants shall establish procedures for maintaining

proper winter and summer systems operation to assure minimum

ventilation, especially in winter.

5. Mechanical ventilation shall be added to all janitors'

closets if used for wet storage.

6. Defendants shall install ventilation or supplement

existing ventilation in all shower/toilet rooms where

I, necessary.
i!

1

H. Lights

1. It shall be a goal to provide at least twenty foot

candles of light in all dishwashing and food preparation areas

and at the lavatories used by food service workers, and provide

at least ten foot candles of light in all food storage rooms.

2. It shall be a goal to provide additional lighting in

the living units to assure that areas where visual activities

and personal hygiene take place have at least twenty foot

candles of light.

I. Preventive Maintenance and Repair

1. All existing fixtures shall be maintained or replaced,

as needed.

2. A preventive maintenance and repair program to

maintain fixtures in operating condition shall be maintained.

This plan should include equipment inventory, action

procedures, signed maintenance checklists, and an inventory of

regularly needed parts.

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11
I ;

J. State Health Code The defendants shall meet all Connecticut State Health Code requirements with respect to:
1. Backflow Protection 2. Dishwashing 3. Domestic Water 4. Food Service
a. Kitchen (1) Equipment (2) Maintenance (3) Personnel (4) Sanitation
b. Refrigeration (1) Temperature (2) Equipment
c. Serving Temperature d. Storage e. Transportation 5. Refuse Handling 6. Vermin Control 7. Copies of the Health Department inspection reports will be made available to the Mediation Panel. K. Mattresses 1. Defendants shall discard dirty mattresses that cannot be cleaned or repaired.
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j

2. Defendants shall clean, or repair, all soiled or torn

| mattresses that are not excessively dirty or torn.

3. Defendants shall replace mattresses that do not fit

the bunks with mattresses of the correct size.

4. Defendants shall store all mattresses off the floor in

I clean storage areas.

!

5. Defendants shall use fire retardant mattresses.

•

6. Defendants shall sanitize all mattresses between users

j with an approved sanitizing agent.

ji

7. Defendants shall repair all badly sagging bed springs.

i

8. Defendants shall provide a bed and a mattress for

! | every inmate.
i:

|

L. Ratio of Sanitary Fixtures to Inmates

j I

\\

1. It shall be a goal of the defendants to provide:

ji

a. at least one, fully functional lavatory equipped

i|

;! with hot and cold water for every six inmates.

;i

b. at least one operating toilet for every eight

i inmates.

j!

c. at least one operating shower, equipped with

: mixing faucets for hot and cold water, for every eight inmates.

j

M. Building Sanitation

Defendants shall maintain a sanitary maintenance program

in accordance with the Connecticut State Health Code.

N. Laundry

-23-

I
I:

j

1. Defendants shall maintain a laundry according to the

! Connecticut State Health Code.

i

0. Plant Facilities Engineer

The Plant Facilities Engineer at Somers shall assure that

maintenance requests are categorized and prioritized

regularly. Unusual delays in completing essential repairs

I; shall be reported to the warden who will decide if any additional steps should be taken beyond what has already been

initiated.

VIII. MEDICAL AND MENTAL HEALTH PANELS j;

ji • 1. Medical and Mental Health Panels have been established

by the Court to advise the Mediation Panel concerning medical

and mental health provisions of this Consent Judgment. (See

Orders of February 13, 1989 which are incorporated herein by

reference.)

2. The Medical Panel shall consider and resolve all

issues between the parties relating to medical, drug and

alcohol care, and the Mental Health Panel shall consider and

resolve all issues between the parties relating to mental

health care.

3. The Mental Health Panel and Medical Panel shall

resolve expeditiously all issues presented to them, and shall

thereafter submit to the Mediation Panel their Settlement

Reports.

-24-

i!
it
4. The reports shall contain:

a. a definitive list of issues to be resolved.

b. fair, reasonable and just settlement terms with

respect to each issue.

c. a definitive list of other appropriate actions

deemed necessary to consider and resolve the

issues between the parties relating to medical and

Ii

|i

mental health care.

ii

I!

5. If the issues presented to the Mental Health Panel and

Ij

Ij Medical Panel are resolved unanimously, their reports shall be
ii
j; accepted and adopted by the Mediation Panel without change I except for good cause, and shall be incorporated in this j \\ Consent Judgment.
ii

]]

6. If any one or more issues are not resolved by

ij unanimous vote of the Mental Health and Medical Panels, then :; the unresolved issues shall be presented to the Mediation Panel

for resolution. If the Mediation Panel unanimously resolves

'>, such issue, its decision shall be deemed final and binding. If
|i
ij the Mediation Panel cannot resolve such issue by unanimous .'! vote, then the procedures set forth in Section IE of the
i!
11 Mediation Panel Order dated February 6, 1989, shall control.

\\

7. Defendants also agree to represent and hold harmless to

the same extent as state employees the members of the Medical

Panel and Mental Health Panel in any litigation involving the

Medical Panel and Mental Health Panel in its performance of

their duties under this Consent Judgment. -25-

8. The Medical Panel and Mental Health Panel shall

provide the Mediation Panel biannual reports during the first

year of this Consent Judgment and shall provide yearly reports

thereafter unless directed otherwise during the year by the

Mediation Panel.

9. In monitoring this Consent Judgment, the Medical Panel

and Mental Health Panel shall focus on patterns of compliance

with standards set out in this Consent Judgment.

10. Upon due notice the Medical Panel and Mental Health

Panel shall have access to all policies, records, procedures

l! and files at CCIS relevant to medical and* drug and alcohol

i: treatment and access to all staff and consulting physicians

•• with respect to such treatment.

. | IX. MONITORING OF CONSENT JUDGMENT

<]

The Mediation Panel is empowered to monitor all provisions

i; of this Consent Judgment, to periodically inspect conditions at

:, the CCIS to ensure compliance with this Consent Judgment, and

I to resolve all disputes, issues and matters relating to this li j Consent Judgment.

i!

All disputes, issues and matters resolved by the unanimous

I1

;; vote of all members of the Mediation Panel shall be deemed

final and binding upon the parties, and shall not be subject to

appeal.

If any dispute, issue or matter is not resolved by the

unanimous vote of the members of the Mediation Panel, the

-26-

dispute, issue or matter shall be referred to a Settlement Judge appointed by the Chief Judge for resolution pursuant to proceedings deemed acceptable by theparties.
If any issue or matter remains unresloved despite all efforts of the Mediation Panel and Settlement Judge, the issue or matter shall be referred to a Trial Judge for adjudication pursuant to any proceeding which the Trial Judge shall deem feasible. At any such proceeding, themembers of the Mediation Panel may be called as withesses by a party or the Trial Judge.
Dated at New York, NewYork this 9thday of October, 1989.
Recommended and approved by Mediation Panel.

^-Jacqueline McMickens Chairperson

Gordon Kamka (For the Defendants) (For the Plaintiffs)

-27-

 
 UNITED STATES DISTRICT COURT DISTRICT OF CONNECTICUT

n 10 • -
ri '< r. t;'.'\

JOSEPH L. LETEZ EIO , JR. V•
JOHN R . MANSON, et al.
RICHARD BARTKUS
V•
JOHN R . MANSON
PALMER GAINES
V•
JOHN R. MANSON
ERNEST BRADSHAW t et al. V•
JOHN R. MANSON, et al.

: CIVIL NO. H82-252
:
CIVIL NO. H80-506'
CIVIL NO. H81-512
: CIVIL NO. H81-843
:

STIPULATION

Bartkus v. Commissioner of Correction PC-CT-003-006

— 2 —
The parties herewith agree and stipulate that: I. BACKGROUND
1. They have engaged in numerous discussions directed toward resolving their disputes by means short of the entry of final judgment and by means which permit the parties to rescind this agreement pursuant to the provisions of paragraphs 1.5, IV.1 and IV.3 infra.
2 . These discussions have been held with the approval of this Court.
3. The discussions ha-v€ included two tours of the Somers Correctional Institution, hereinafter referred to as Somers.
4. As a result of these discussions and the intentions stated below, the parties believe that further prosecution of these consolidated cases should be suspended for the duration of this agreement.
5. The defendants retain the option to unilaterally discontinue or to modify the intended measures set forth in this stipulation. Prior to doing so, however, they shall notify the plaintiffs' counsel so they might consider their options under IV.1 infra. If any emergency makes prior notice impossible the defendants shall notify the plaintiffs' counsel no later than two business days thereafter.

- 3-
II. COMPOSITION OF HOUSING UNITS
1. Upon the approval of this stipulation by the Court the defendants will maintain the inmate population at Somers according to the terms of this stipulation.
2 . The defendants wirl-l eliminate" dormitory housing in the former cardroom area and return the cardroom to its former use.
3. Upon the approval of this stipulation by the Court, the ?y*^ defendants- will arrange for the- overnight housing of inmates actually present in Somers, excluding those inmates admitted to the Somers hospital for medical reasons, as follows:
a. 949 cells or rooms, no more than 123 of which cells or rooms shall house two inmates. These cells shall be located 63 in E Block and 60 in G Block .
b. 33 bed spaces in "J 1" dormitory. c. 33 bed spaces in "J 2" dormitory. d. 46 bed spaces in "J Basement" dormitory. e. 38 bed spaces in "G 2" dormitory. f. A total of 35 bed spaces constituting the aggregate of 9 rooms in -the second floor hospital area, 8 of which houses 4 inmates, and 1 of which houses 3 inmates. g. 18 bed spaces on the Hospital third floor dormitory, h. 12 bed spaces in dormitory #14 on the Hospital second floor.

- 4-

i. 12 bed spaces in dormitory #12 on the Hospital second

floor.

j. 24 bed spaces in dormitory #9 on the Hospital second

floor.

k . 26 bed spaces in dormitory #11 on the Hospital second

floor.

1. 3.0 bed spaces in "G 1" dormitory.

m. 18 bed spaces in the barbershop for general population

inmates.

.

...

-

•

•

•

•

'

.

*

*

4. Except as is provided for in paragraphs II.5 and IV.l.b the

defendants will house inmates no more than in the numbers listed in

paragraphs II.3 (a) through II.3 (m) .

5. Daily population counts for the institution and the housing units stated in paragraphs II.3 (a) through II.3 (m) shall be made available each working day to the plaintiffs' counsel at 340 Capitol Avenue. If the population counts for the housing units stated in paragraphs II.3 (a) through II.3 (m) exceed the numbers stated therein, defendants shall notify plaintiffs' counsel within two business days.
t
6. If the defendants establish inmate housing which is additional to that stated in paragraphs II.3 (a) through II.3 (m) then they shall provide plaintiffs' counsel with at least seven days written notice of that fact prior to inmate occupancy except in an

I

: i
',' emergency. In any event defendants shall notify the plaintiffs'

|i counsel in writing of such fact no later than the next business
|j

M day following such inmate occupancy.

!j ;! III. DAILY SCHEDULE

!i

,!

1. It is the intention of the defendants to provide the

:. following out-of-cell schedules. All times listed herein make
i
ii reference to total out-of-cell time. The summer schedule shall

!| run April through October, and the winter schedule shall run
i •

jl November through March, unless otherwise designated by the Warden

i'> in which case he will notify plaintiffs' counsel.

;;

A. E Block Protective Custody

;'

1. 5. days per week outdoor recreation (with the

;j appropriate clothing provided) year round for approximately

ij 2 hours per day out-of-cell time, except on those infrequent

;j occasions (about 15% of the time) when staff absence does not jl .' permit coverage for outdoor recreation or weather conditions
j:
;: do not permit outdoor recreation.

;

2. Indoor recreation in the tier of the housing unit

1 day per week, year round, on the week-end and on those days

when outdoor recreation cannot be held because of staff absence,

i or weather conditions, for approximately 1 to lh hours per

;

day out-of-cell time.

.

i

i i
• i

;.

- 6-

i i
ii

j:

3. Summer schedule: an additional 2 hours per day of

H outside recreation Monday through Friday.

l|

•j

Winter schedule: 2 days per week (Tuesday and Thursday)

'; an additional 2 hours of recreation per day in the gym (including
ii ;! shower). Monday, Wednesday and Friday inmates shall be allowed

.-j out of their cells for showers insofar as time and demand permits

ii

ij

4. Inta-block meals, 3 times per day for approximately

I i

I1 30 minutes out of cell time per meal.

11

5. Daily showers Monday through Friday approximately

!j

jj 10 minutes per day insofar as inmate demand and time permits.

!! This section contemplates the availability of daily showers for
i
:' most of the inmate population.
ij

ij

6. Visits approximately 2 hours per week during the

ji week and approximately 1 hour every other week-end, and 1 hour
. i
11 per week at night during the week.

7. Intra-block work assignments for approximately

20% of inmates for approximately 2 hours per day.

8. One telephone call approximately 15 minutes per

week pursuant to applicable regulations pertaining to conduct.

9. Miscellaneous programs for those eligible including

sex offenders therapy, 1 hour per week; Alcohol Anonymous,

one hour per week, bible class study, 1 hour per week and

intra-block school program approximately 2 hours per week.

I ;
i|
• i

- 7-
B. Hospital Second Floor Protective Custody 1. 5 days per week outdoor recreation year round for approximately 2 hours per day Monday through Friday, under the same system as stated in paragraph III.A.l., except that such recreation will be held in the hospital recreation yard. 2. Winter schedule: 3 days per week, an additional 2 hours of recreation per day in the gym. Summer schedule: Monday through Friday, an additional" 2 hours of outside recreation per day in the hospital recreation yard. 3. 3 meals per day for approximately 30 minutes each meal within housing unit. Those inmates housed in the area stated in paragraph II.3 (f) will take their meals out of their room and in the multi-purpose room located on the hospital jl second floor.
1 Except in those weeks with a holiday. There is no outside recreation on weekends or holidays.

I

- 8-

it

'

4. Daily showers approximately 10 minutes per day in-

i I . I

!I sofar as inmate demand and time permits. This section contem-

;; plates the availability of daily showers for most of the inmate

;j population.

!;

5. One telephone call approximately 15 minutes per

ii week pursuant to applicable regulations pertaining to conduct.

i i

:|

6. Miscellaneous programs for those eligible: Alcohol

'j Anonymous, 1 hour per week; bible class study, 1 hour per week

ij

ii and school, 2 hours per week.

ii

!i

7. Work assignments, 4 tier men working approximately

i i

lj 8 hours per day.

i '

—

ij

8. Visits - same as E block.

i )

•

)

i i

j

C. Inmates - G Block; G 2 Dormitory; Hospital Third Floor

;! • ! |

1. Recreation, summer schedule approximately 1 and H

; hours week day afternoons and 2 hours week day evenings. Week-

! end afternoons and evenings approximately 3 to 5 hours per
t i

i' weekend day.
i

;>

2. Winter recreation approximately 1 3/4 hours per

day week days and 1*5 hours per day during the evening hours

; and approximately 3 hours per day weekend days.

;

3. Meals, in the institutional dining hall approximately

4 5 minutes per meal.

_ Q _
4. Showers daily, approximately 10 to 15 minutes insofar as time and demand permits. This action contemplates the availability of showers for most of the inmate population.
5. Visits same as "E Block." 6. Commissary, approximately 1 hour per week. 7. Orientation program including medical examination, approximately 16-17 hours over approximately a 10-12 week period. 8. One telephone call, 15 minutes per week pursuant to applicable regulations pertaining to conduct. 9. Sick call, routinely twice per week. Additional for emergencies. D- General Population Inmates 1. As used in this stipulation the term "general population inmates" means inmates who do not have special safety, security, or emotional needs which require their confinement in separate and special housing units isolated from other housing units. 2. Assignments of inmates who are placed in general population status at their initial classification hearing, » shall be in accordance with the following time schedule: a. Inmates who have been assessed or tested at or below the 8th grade level of overall proficiency will be offered and placed in a school program within 4 months of such classification.

- 10 -

b. Inmates with a history of substance abuse who have

been determined suitable for a drug or alcohol treatment program

during the classification process will be offered and placed in such

program with 4 months of such classification.

,

c. Inmates who have not been classified as in the

categories stated in paragraphs 2 (a) and (b) above will be offered

and placed in a work assignment which removes them from their cells

for at least 3 hours per day 5 days per week, within 6 months of the

conclusion of the classification process.

3. If any inmate in any of the categories stated in paragraphs 2 (a), (b) or (c) above rejects the assignment or placement offered him, any further assignment or placement shall not be subject to any time limitation.

E. Miscellaneous Provisions

1. No newly admitted inmate shall be introduced into the general population of the prison or confined in excess of 48 hours without having received an examination by a physician, or by a nurse or medically trained technician operating under the direction of a physician, with specific instructions as to when the physician is to be consulted, and such examination shall include such tests as are necessary in the opinion of the physician to identify and isolate those who have communicable diseases. This requirement shall not apply to newly admitted inmates for whom there is a record of a

:!

- 13 -

medical examination having been performed within the three-

i; month period prior to admission. Pending such examination,
t
' a newly admitted inmate may be confined in a cell containing

• no more than one bunk.
2. Orientation status will last no more than 10-12
i ;
|i weeks, There will, however, be exceptions on an individual
ij

! basis, due to an individual's inability to complete the

: orientation program within this period.
3. There will be reasonable access to toilets for all
i i
' inmates housed in dormitories.
i
i •

''!

4. Each inmate housed in a dormitory will be provided

! with a storage box which can be locked.
; i
1 i
!| IV. COMPLIANCE

;

1. The plaintiffs may terminate this agreement at their

option, if:

;:'

a. The use of the cardroom as a dormitory is resumed;

:• it shall not be grounds for termination that the cardroom is

used for some purpose other than as a dormitory.

;

b. The total overnight population of inmates actually

present in Somers, exluding inmates admitted to the Seiners

hospital for medical reasons exceeds the housing capacity of

; the housing facilities stated in paragraph II.3 (a) through

II.3(m).

- 12 -
c. Notified by the defendants that they have exercised their options under 1.5 supra.
d. Defendants establish housing according to paragraph II.7 and counsel for plaintiffs do not approve of said housing.
e. Defendants do not provide the daily schedule as outlined in Section III supra.
2. Neither the intention to establish and maintain such conditions by the defendants nor the acceptance of such intentions by the plaintiffs may be construed in any way or in any proceeding as arising from any legal obligation to do so. If these cases or any other case proceeds to adjudication, the parties retain the right to make any claim they deem proper concerning their respective lawful rights and obligations and nothing in this stipulation or in its approval by the Court shall prejudice that right.
3. The above stated intentions are, of course, subject to suspension or modification in part or in their entirety if the defendants determine that a genuine emergency exists. "Genuine emergency" means any circumstance, or combination of circumstances, under which it is reasonably necessary to conclude that there is an actual or potential threat to a) the security and order of Somers, or to b) the safety of the staff, inmates, or other persons within Somers; provided that, the existence of a genuine emergency may not be determined on the basis of the number of inmates confined at that time.

- 13 -
For the purpose of this paragraph, overcrowding shall not constitute a genuine emergency. For a particular individual, the agreement can be suspended or modified as a consequence of his violation of institutional rules, as outlined in the Department of Correction's Administrative Directives or through standing institutional practices and procedures.
4. No sanctions of any kind shall be imposed for failure to comply with this stipulation; the sole remedies will be to terminate the stipulation and to proceed with these actions in Court.
5. In the event that there is a dispute concerning the meaning of this stipulation, such dispute shall be resolved by considering the language of the stipulation without reference to the observations made in any Status Report.
6. No costs or attorney's fees of any kind shall be paid or awarded as a result of the approval by the Court of this stipulation.
7. Commencing with the date that this Stipulation is approved by the Court, the parties shall jointly advise the Court every 90 days thereafter as to whether this Stipulation is still in effect.
8. The following notice shall be printed in the institutional newspaper, The Weekly Scene:

- 14 -
A stipulation has been agreed to by the parties and approved by the United States District Court for the District of Connecticut (Honorable Jose" A. Cabranes, Judge) with regard to various claims of overcrowding in Somers.
Copies of this stipulation are available to be read in the main library and mini-library for segregated inmates. 9. Such copies shall be available for one year following the approval of this stipulation by the Court unless said stipulation is terminated earlier as provided for herein.
10. In view of the foregoing/ the parties join in requesting that all further proceedings in these cases be held in abeyance for a period of one year from the date of approval by the Court.

- 15 -

Respectfully Submitted,

BY:
Martha Stone Connecticut Civil Liberties
Union Foundation 22 Maple Avenue Hartford<-«T 061,

'W. Greene

S' Br^an Smith

yr ^^egal Assistance to Pri

/ JS 340 Capitol Avenue

£^r

Hartford, CT 06106

ners

Attorneys for Plaintiffs

JOSEPH I. LIEBERMAN ATTORNEY GENERAL
BY: Stephen J. O'Neill Assistant Attorney General 340 Capitol Avenue Hartford, CT 06106
BY: Peter Wiese Assistant Attorney General 340 Capitol Avenue Hartford, CT 06106
Attorneys -for Defendants

SO APPROVED:

UNITED STATES DISTRICT JUDGE

 
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Page 1 of 17

CLOSED, HBF, LEAD
U.S. District Court District of Connecticut (Hartford) CIVIL DOCKET FOR CASE #: 2:80-cv-00506-RNC

Bartkus v. Corrections Assigned to: Judge Robert N. Chatigny Referred to: Judge Joan G. Margolis Demand: $0 Case in other court: Member Case, 2:81:cv:512
Member Case, 2:81:cv:843 Member Case, 2:82:cv:245 Member Case, 2:82:cv:252 Member Case, 2:82:cv:531 Cause: No cause code entered

Date Filed: 08/22/1980 Jury Demand: None Nature of Suit: 550 Prisoner: Civil Rights Jurisdiction: Federal Question

Plaintiff Richard Bartkus

represented by Barry J. Boodman Corporation Counsel City Of Stamford 888 Washington Blvd. Stamford, CT 06904 977-4081 LEAD ATTORNEY ATTORNEY TO BE NOTICED

David L. Kent Commission On Human Rights & Opportunities 21 Grand St. Hartford, CT 06106 860-541-3423 TERMINATED: 12/12/1994 LEAD ATTORNEY ATTORNEY TO BE NOTICED

James W. Greene, Jr. Connecticut Prison Associates 110 Bartholomew Ave. #3010 Hartford, CT 06106-2201 TERMINATED: 12/12/1994 LEAD ATTORNEY ATTORNEY TO BE NOTICED

James E. Swaine Law Offices of James E. Swaine

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18 Trumbull Street New Haven, CT 06511 203-498-0086 Fax: 203-603-4423 Email: swainelaw@att.net LEAD ATTORNEY ATTORNEY TO BE NOTICED
Jonel Newman Connecticut Civil Liberties Union Foundation 32 Grand St. Hartford, CT 06106 860-247-9823 TERMINATED: 12/12/1995 LEAD ATTORNEY ATTORNEY TO BE NOTICED
Mark J. Lopez 1875 Connecticut Ave., N.W. Suite 410 Washington, DC 20009 202-234-4830 TERMINATED: 06/05/1996 LEAD ATTORNEY ATTORNEY TO BE NOTICED
Martha Stone Center for Children's Advocacy, Inc University of Connecticut School of Law 65 Elizabeth St. Hartford, CT 06105-2290 860-570-5327 Fax: 860-570-5256 Email: mstone@law.uconn.edu TERMINATED: 02/16/1999 LEAD ATTORNEY ATTORNEY TO BE NOTICED
Michael O. Sheehan Sheehan & Reeve 139 Orange St., Suite 301 New Haven, CT 06510 203-787-9026 Fax: 203-787-9031 Email: mosheehan@snet.net TERMINATED: 06/08/1993 LEAD ATTORNEY ATTORNEY TO BE NOTICED

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Plaintiff all plaintiffs
V. Consol Plaintiff Emily J.
Consol Plaintiff Joseph L. Letezeio, Jr.
Consol Plaintiff

represented by Philip D. Tegeler Connecticut Civil Liberties Union Foundation 32 Grand St. Hartford, CT 06106 860-247-9823 LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Barry J. Boodman (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Jonel Newman (See above for address) TERMINATED: 12/12/1995 LEAD ATTORNEY ATTORNEY TO BE NOTICED
Martha Stone (See above for address) TERMINATED: 02/16/1999 LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Barry J. Boodman (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
James W. Greene, Jr. (See above for address) TERMINATED: 12/12/1994 LEAD ATTORNEY ATTORNEY TO BE NOTICED
Martha Stone (See above for address) TERMINATED: 02/16/1999 LEAD ATTORNEY ATTORNEY TO BE NOTICED

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Ernest D. Bradshaw
Consol Plaintiff Arthur Davis
Consol Plaintiff Melvin Daniels

represented by Barry J. Boodman (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
James W. Greene, Jr. (See above for address) TERMINATED: 12/12/1994 LEAD ATTORNEY ATTORNEY TO BE NOTICED
Martha Stone (See above for address) TERMINATED: 02/16/1999 LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Barry J. Boodman (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
James W. Greene, Jr. (See above for address) TERMINATED: 12/12/1994 LEAD ATTORNEY ATTORNEY TO BE NOTICED
Martha Stone (See above for address) TERMINATED: 02/16/1999 LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Barry J. Boodman (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
James W. Greene, Jr. (See above for address) TERMINATED: 12/12/1994 LEAD ATTORNEY ATTORNEY TO BE NOTICED
Martha Stone (See above for address) TERMINATED: 02/16/1999

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Consol Plaintiff Palmer Gaines
V. Defendant Corrections Dept.

LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Barry J. Boodman (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
David L. Kent (See above for address) TERMINATED: 12/12/1994 LEAD ATTORNEY ATTORNEY TO BE NOTICED
James W. Greene, Jr. (See above for address) TERMINATED: 12/12/1994 LEAD ATTORNEY ATTORNEY TO BE NOTICED
Martha Stone (See above for address) TERMINATED: 02/16/1999 LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Peter E. Wiese Attorney General's Office Public Safety & Special Revenue MacKenzie Hall, 110 Sherman St. Hartford, CT 06105 860-808-5450 LEAD ATTORNEY ATTORNEY TO BE NOTICED
Stephen J. O'Neill Attorney General's Office Public Safety & Special Revenue MacKenzie Hall, 110 Sherman St. Hartford, CT 06105 860-808-5450 LEAD ATTORNEY ATTORNEY TO BE NOTICED
Steven R. Strom Attorney General's Office

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Defendant all defendants
V. Consol Defendant Lowell P. Weicker, Jr.

Public Safety & Special Revenue MacKenzie Hall, 110 Sherman St. Hartford, CT 06105 860-808-5450 Fax: 860-808-5591 Email: steven.strom@po.state.ct.us LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Sharon M. Hartley Attorney General's Office 110 Sherman St. Hartford, CT 06105 860-808-5400 LEAD ATTORNEY ATTORNEY TO BE NOTICED
Stephen J. O'Neill (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Steven R. Strom (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Date Filed 08/08/1991 08/19/1991 11/04/1991
11/07/1991

#

Docket Text

282 MOTION by Dept Of Corrections to Quash (Brief Due 8/29/91 ) (Graham, T.) (Entered: 12/10/1991)

283 ORDER REFERRING CASE to Magistrate Judge Joan G. Margolis for all purposes ( signed by Judge Jose A. Cabranes ) (Graham, T.) Modified on 01/16/1992 (Entered: 12/10/1991)

305 RULING on Defts' Motion for Protective Order is GRANTED. (Written objs to ruling must be fld within 10 days after service of same). (failure to file timely objection to Mag Judge's recommended ruling may preclude further appeal to Second Circuit) See Ruling for details. ( signed by Judge Jose A. Cabranes ) (Moore, P.) (Entered: 11/06/1991)

306 MEMORANDUM by Richard Bartkus in opposition to Protective Order. (Moore, P.) (Entered: 11/07/1991)

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11/14/1991 11/20/1991 11/22/1991
01/24/1992 03/12/1992 04/03/1992
04/08/1992 04/08/1992
06/11/1992 06/11/1992 06/11/1992 06/13/1992 07/08/1992 07/13/1992
07/21/1992 07/24/1992 07/24/1992

307 OBJECTION by Dept Of Corrections re: Mag's Ruling on Deft's Motion for Protective Order [305-1] (Moore, P.) (Entered: 11/14/1991)
308 REPLY by Richard Bartkus to response to Defts Obj to Mag's Ruling. (Moore, P.) (Entered: 11/20/1991)
ENDORSEMENT, MAG RULING #305: APPROVED & ADOPTED as the ruling of the court. ( signed by Judge Jose A. Cabranes ) (Moore, P.) (Entered: 11/22/1991)
309 NOTICE of Service of Request for Production of Documents by Richard Bartkus on Dept Of Corrections (Moore, P.) (Entered: 01/28/1992)
ENDORSEMENT denying [282-1] motion to Quash ( signed by Judge Jose A. Cabranes ) (Moore, P.) (Entered: 03/17/1992)
310 MOTION by Richard Bartkus for Stuart H. Adams, Jr. to Appear Pro Hac Vice , for Mark J. Lopez to Appear Pro Hac Vice (Moore, P.) (Entered: 04/06/1992)
Text not available. (Entered: 04/08/1992)
ENDORSEMENT granting [310-1] motion for Stuart H. Adams, Jr. to Appear Pro Hac Vice, granting [310-2] motion for Mark J. Lopez to Appear Pro Hac Vice ( signed by Mag. Judge Joan G. Margolis ) (Moore, P.) (Entered: 04/08/1992)
311 MOTION by Richard Bartkus to Compel (Brief Due 7/2/92 ) (Moore, P.) (Entered: 06/12/1992)
312 MEMORANDUM by Richard Bartkus in support of [311-1] motion to Compel by Richard Bartkus (Moore, P.) (Entered: 06/12/1992)
313 AFFIDAVIT of Michael O. Sheehan by Corrections Dept. Re [311-1] motion to Compel by Richard Bartkus (Moore, P.) (Entered: 06/12/1992)
Consolidated Lead Case (Moore, P.) (Entered: 06/13/1992)
314 MEMORANDUM by Corrections Dept. in opposition to [311-1] motion to Compel by Richard Bartkus (Moore, P.) (Entered: 07/13/1992)
315 RECOMMENDED Ruling regarding [311-1] motion to Compel by Richard Bartkus Objections due 7/31/92 . ( signed by Magistrate Judge Joan G. Margolis ) (Moore, P.) Modified on 07/24/1992 (Entered: 07/15/1992)
316 OBJECTION to RECOMMENDED RULING re: [311-1] motion to Compel by Richard Bartkus (Moore, P.) (Entered: 07/22/1992)
317 LETTER dated 7/22/92 by Richard Bartkus (Moore, P.) (Entered: 07/24/1992)
ENDORSEMENT re: [317-1] letter. The matters raised in this letter shall be addressed to Mag Judge Margolis, who shall interpret or modify any prior orders of the court as appropriate. ( signed by Judge Jose A.

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07/24/1992 07/27/1992 08/20/1992 12/07/1992 01/13/1993 02/11/1993 02/11/1993 02/11/1993 02/11/1993 02/11/1993 02/11/1993 02/11/1993 02/11/1993 02/11/1993

Cabranes ) (Moore, P.) (Entered: 07/24/1992)
318 MOTION by Richard Bartkus for Clarification and Modification of Docu #252 fld 9/14/90 (Brief Due 8/14/92 ) (Moore, P.) (Entered: 07/24/1992)
319 RULING granting [318-1] motion for Clarification and Modification. See Ruling for details. ( signed by Mag. Judge Joan G. Margolis ) (Moore, P.) (Entered: 07/31/1992)
320 MEMORANDUM of telephone status Conference held on 8/20/92. Trial presently scheduled for 10/92 may be postponed until 11/92. ( signed by Mag. Judge Joan G. Margolis ) (Moore, P.) (Entered: 08/24/1992)
321 MOTION by Corrections Dept. for order pursuant to consent judgment (Brief Due 12/28/92 ) (Former Employee) (Entered: 12/09/1992)
ENDORSEMENT granting [321-1] motion for order pursuant to consent judgment ( signed by Mag. Judge Joan G. Margolis ) (Smith, S.) (Entered: 01/20/1993)
322 NOTICE by Richard Bartkus to take deposition of individual in charge of cell assignment for protective custody inmates at Somers on 3/16/93. (Former Employee) (Entered: 02/16/1993)
323 NOTICE by Richard Bartkus to take deposition of Deputy in charge of security at Somers on 3/15/93. (Former Employee) (Entered: 02/16/1993)
324 NOTICE by Richard Bartkus to take deposition of individual in charge of programming for protective custody inmates at Somers on 3/16/93. (Former Employee) (Entered: 02/16/1993)
325 NOTICE by Richard Bartkus to take deposition of individual in charge of sanitatation at Somers on 3/10/93. (Former Employee) (Entered: 02/16/1993)
326 NOTICE by Richard Bartkus to take deposition of individual in charge of programming with respect to the general population on 3/11/93. (Former Employee) (Entered: 02/16/1993)
327 NOTICE by Richard Bartkus to take deposition of individual in charge of housing with respect to the general population at Somers on 3/15/93. (Former Employee) (Entered: 02/16/1993)
328 NOTICE by Richard Bartkus to take deposition of individual in charge of fire safety at Somers on 3/9/93. (Former Employee) (Entered: 02/16/1993)
329 NOTICE by Richard Bartkus to take deposition of individual in charge of kitchen and food preparation on 3/10/93. (Former Employee) (Entered: 02/16/1993)
330 NOTICE by Richard Bartkus to take deposition of individual in charge of classification with respect to the general population on 3/11/93. (Former Employee) (Entered: 02/16/1993)

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02/11/1993
02/11/1993
02/11/1993 02/11/1993 02/11/1993 02/11/1993
02/11/1993 02/11/1993 02/11/1993 02/11/1993 02/11/1993 03/08/1993
04/05/1993 04/08/1993

331 NOTICE by Richard Bartkus to take deposition of individual in charge of housing within the segregation blocks (F and C) at Somers on 3/17/93. (Former Employee) (Entered: 02/16/1993)
332 NOTICE by Richard Bartkus to take deposition of individual in charge of the physical plant at Somers on 3/9/93. (Former Employee) (Entered: 02/16/1993)
333 NOTICE by Richard Bartkus to take deposition of Ronald Hensley, M.D. on 3/5/93. (Former Employee) (Entered: 02/16/1993)
334 NOTICE by Richard Bartkus to take deposition of Lawrence Tilghman on 3/26/93. (Former Employee) (Entered: 02/16/1993)
335 NOTICE by Richard Bartkus to take deposition of Edward Blanchette, M.D. on 3/5/93. (Former Employee) (Entered: 02/16/1993)
336 NOTICE by Richard Bartkus to take deposition of individual in charge of security within the segregation blocks (F and C) at Somers on 3/17/93. (Former Employee) (Entered: 02/16/1993)
337 NOTICE by Richard Bartkus to take deposition of Larry Meachum on 3/26/93. (Former Employee) (Entered: 02/16/1993)
338 APPEARANCE of Attorney for Richard Bartkus -- Mark J. Lopez (Former Employee) (Entered: 02/17/1993)
339 NOTICE by Richard Bartkus to take deposition of Janice Grendell on 3/4/93. (Former Employee) (Entered: 02/17/1993)
340 NOTICE by Richard Bartkus to take deposition of Richard Belitsky on 3/4/93. (Former Employee) (Entered: 02/17/1993)
341 NOTICE by Richard Bartkus to take deposition of Robert Phillips, M.D. on 3/3/93. (Former Employee) (Entered: 02/17/1993)
342 ORDER. The State of CT shall pay forthwith Dr. Edward Blanchette the sum of $8,625.00. ( signed by Mag. Judge Joan G. Margolis ) (Former Employee) (Entered: 03/12/1993)
343 MOTION by Richard Bartkus for Temporary Restraining Order (Brief Due 4/26/93 ) (Former Employee) (Entered: 04/07/1993)
344 ORDER fld. Defts in Mamudovski case shall file response to motion for TRO/prel inj by 4/9/93; counsel in Bartkus case shall file status rpt by 4/12/93 re status of pending matters re prison overcrowding & AIDS cases, cv H80-506JAC, w/Jeffrey Dowd of Legal Assistance to Prisoners; motion for TRO fld by Gary Bentley, prisoner #16260, in Bartkus case shall be treated as having been fld in the Mamudovski case; Clerk shall convey copy of this order to Gary Bentley at State Corr Facility in Somers, CT; counsel for all parties shall appear at joint hrg in Mamudovski & Bartkus on 4/13/93 at 9:30am, at which time the court will consider any pending motions. ( signed by Chief Judge Jose A. Cabranes ) (Smith, S.) (Entered: 04/08/1993)

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04/26/1993 04/26/1993 05/05/1993
05/19/1993 06/03/1993 06/03/1993 06/08/1993 08/25/1993 09/08/1993 10/04/1993 10/07/1993
10/21/1993

345 ORDER issued re: [343-1] motion for Temporary Restraining Order...hrg shall be held in open court on 5/3/93 at 2:00pm... ( signed by Chief Judge Jose A. Cabranes ) (Kunofsky, L.) (Entered: 04/28/1993)
Motion hearing re: [343-1] motion for Temporary Restraining Order by Richard Bartkus set at 2:00 5/3/93 ( JAC) (Kunofsky, L.) (Entered: 04/28/1993)
ENDORSEMENT granting [343-1] motion for Temporary Restraining Order in accordance with the oral ruling on the record in open court today during a hearing in the case of MAMUDOVSKI V. MEACHUM, Doc. # 3:92cv555. ( signed by Chief Judge Jose A. Cabranes ) (Former Employee) (Entered: 05/05/1993)
346 ORDER issued...The State of Connecticut shall pay forthwith Dr. Wdward A. Blanchette the sum of $5,000.00 ( signed by Mag. Judge Joan G. Margolis ) (Kunofsky, L.) (Entered: 05/20/1993)
347 APPEARANCE of Attorney for Richard Bartkus -- James E. Swaine (Former Employee) (Entered: 06/03/1993)
348 MOTION by Richard Bartkus for Michael O. Sheehan to Withdraw as Attorney (Former Employee) (Entered: 06/04/1993)
ENDORSEMENT granting [348-1] motion for Michael O. Sheehan to Withdraw as Attorney (Terminated attorney Michael O. Sheehan for Richard Bartkus (signed by Chief Judge Jose A. Cabranes ) (Former Employee) Modified on 07/30/1993 (Entered: 06/08/1993)
349 MOTION by Richard Bartkus to Consolidate Case with docket number (s) 3:92cv555 Mamudovski v. Meacum and Bentley v. Meachum (case number pending) (Brief Due 9/15/93 ) (Former Employee) (Entered: 08/25/1993)
350 NOTICE of filing of fifth (5th) compliance report by Corrections Dept. (Former Employee) (Entered: 09/09/1993)
Status Conference held hearing on all pending matters, several motions heard and endorsed The court shall issue a scheudling order. 2:83-366 shall be referred to Mag Judge Fizsimmons for settlement( JAC) (Former Employee) (Entered: 10/14/1993)
351 ORDER, Brief Deadline set for 10/18/93 [349-1] motion to Consolidate Case. See order for list of cases to be closed. Additionally, cases colloquially referred to as the "Somers overcrowding" cases which are still pending, are to be consolidated under the heading In Re Connecticut Prison Overcrowding and Aids Cases, Master file No H-80-cv-506 (JAC) 2:82cv531, 2:82cv245, 2:82cv252, 2:81cv843, 2:81cv512. Brief status report or objection by no later than 10/18/93 should be filed. SEE Order for additional details. : ( signed by Chief Judge Jose A. Cabranes ) (Former Employee) (Entered: 10/08/1993)
352 STATUS REPORT by Corrections Dept. (Former Employee) Modified on 10/21/1993 (Entered: 10/21/1993)

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10/21/1993
10/21/1993 10/21/1993
10/21/1993
10/27/1993 10/27/1993 11/01/1993 11/02/1993 11/02/1993
11/04/1993

ENDORSEMENT [352-1] status report. The Clerk shall docket this status report. Pursuant to the court's Order of 10/7/93, the following additional cases shall be CLOSED: Daly v. Stadnicki, H-83cv771 (TEC) and Argiros v. Stadnicki, H-83cv785 (TEC) (both involving alleged overcrowding at the Morgan Street Detention Center and resoved by consent and the entry of an Order by Judge Clarie dtd 5/20/88). ordered accordingly ( signed by Chief Judge Jose A. Cabranes ) (Former Employee) Modified on 10/21/1993 (Entered: 10/21/1993)
353 STATUS REPORT by Corrections Dept. (Former Employee) Modified on 10/21/1993 (Entered: 10/21/1993)
ENDORSEMENT [353-1] status report. The Clerk shall docket this status report. Pursuant to the court's order of 10/7/93, the case of West v. Manson, H-83 cv 366 (JAC), shall be CL0SED, execpt to the extent that it has been referred to Magistrate Fitzsimmons as Settlement Judge for the purpose of monitoring compliance with the Consent Decrees entered in that action. Ordered accordingly ( signed by Chief Judge Jose A. Cabranes ) (Former Employee) Modified on 10/21/1993 (Entered: 10/21/1993)
ENDORSEMENT denying [349-1] motion to Consolidate Case with docket number(s) 3:92cv555 Mamudovski v. Meacum and Bentley v. Meachum (case number pending). SEE Endorsement Ruling entered today in the case of Mamudovski v. Meachum, 3:92cv555 (JAC). ( signed by Chief Judge Jose A. Cabranes ) (Former Employee) (Entered: 10/22/1993)
355 MOTION by Richard Bartkus for Preliminary Injunction (Former Employee) (Entered: 10/27/1993)
356 Appendix by Richard Bartkus to [355-1] motion for Preliminary Injunction by Richard Bartkus (Former Employee) (Entered: 10/28/1993)
MINUTE Entry: Telephone conf held. Pltf withdrawing [355-1] motion for Preliminary Injunction ( JAC) (Former Employee) (Entered: 11/02/1993)
357 ORDER. The Clerk shall docket the attached article from the Hartford Courant, Thursday, October 28, 1993, at B(, entitled "Weicker orders opening of unused prison." ( signed by Chief Judge Jose A. Cabranes ) (Former Employee) (Entered: 11/02/1993)
ENDORSEMENT withdrawing as moot [355-1] motion for Preliminary Injunction without prejudice to being reclaimed and reinstated at any time, in light of the stipulation read into the record during the colloquy with counsel by telephone and on the reocrd at the status conference yesterday. ( signed by Chief Judge Jose A. Cabranes ) (Former Employee) (Entered: 11/02/1993)
358 LETTER dated 11/1/93 by atty Martha Stone, atty for pltf's in 3:93cv1944 (AVC) Re: Order by JAC in re to Prison Overcrowding and Aids Cases in 2:80cv506 (JAC). (Former Employee) (Entered:

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11/04/1993
11/04/1993 11/08/1993 11/08/1993 11/17/1993
11/17/1993
04/15/1994 04/15/1994 04/15/1994 11/04/1994 11/17/1994 11/17/1994

11/04/1993)
ENDORSEMENT [358-1] letter. The Clerk shall docket this letter in In Re Connecticut Prison Overcrowding and Aids Cases, Master File No. H80-cv-506 (JAC). Upon the representation of the chambers of Judge Covello, the case of Emily J. v. Weicker, 3:93cv1944 (AVC), will be transferred, in due course, to the docket of Chief Judge Cabranes. It is so ordered ( signed by Chief Judge Jose A. Cabranes ) (Former Employee) (Entered: 11/04/1993)
359 TRANSCRIPT for dates of Nov. 1, 1993 (Court reporter: Collard) (Former Employee) (Entered: 11/04/1993)
360 LETTER dated 11/3/93 by Corrections Dept., From Atty Strom (Jefferson, V.) (Entered: 11/08/1993)
ENDORSEMENT re: [360-1] letter. Clerk shall docket this letter, along w/attachment. ( signed by Chief Judge Jose A. Cabranes ) (Jefferson, V.) (Entered: 11/08/1993)
361 ORDER: re: Consent Jgm of 11/2/90 & Court's Ruling setting the Hrly Rate for Agreement Monitoring Panel, dated 5/9/91, it is hereby ordered that the State of Ct. shall reimburse the Court-appointed monitor for services rendered from 7/22/93 through 10/26/93. State of Ct. shall pay forthwith Dr. Blanchette sum of $4,375. ( signed by Mag. Judge Joan G. Margolis ) (Jefferson, V.) (Entered: 11/23/1993)
362 ORDER: re Consent Jmt of 11/2/90 & Court's Ruling setting Hrly Rate for Agreement Monitoring Panel, of 5/9/91, it is hereby ordered that the State of Ct. shall reimburse the Court-appointed monitor for svcs rendered from 9/92-7/93, as reflected in bill submitted by Dr. Belitsky. State of Ct. shall pay forthwith Dr. Belitsky sum of $11,375. ( signed by Mag. Judge Joan G. Margolis ) (Jefferson, V.) (Entered: 11/23/1993)
363 TRANSCRIPT for dates of 3/23/94, meeting of the Medical Monitoring Panel, (Court reporter: Stephen C. Bowles) (Grady, B.) (Entered: 04/19/1994)
364 TRANSCRIPT for dates of 3/23/94, report of the Mental Health Monitoring Panel, (Court reporter: Stephen C. Bowles)(Grady, B.) (Entered: 04/19/1994)
365 TRANSCRIPT for dates of 3/23/94, report of the Corrections Monitoring Panel, (Court reporter: Stephen C. Bowles) (Grady, B.) (Entered: 04/19/1994)
366 ORDER of Transfer ( signed by Clerk ) to Judge Robert N. Chatigny (Former Employee) (Entered: 11/04/1994)
367 MOTION by Richard Bartkus, Palmer Gaines for David Kent to Withdraw as Attorney (Brief Due 12/8/94 ) (Blue,A.) (Entered: 11/18/1994)
368 MOTION by all plaintiffs for James W. Greene to Withdraw as Attorney

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12/12/1994
12/12/1994
12/23/1994
12/29/1994
02/13/1995 06/08/1995 06/26/1995 07/14/1995 12/08/1995 12/12/1995
12/21/1995 01/26/1996 01/26/1996

(Brief Due 12/8/94 ) (Blue,A.) (Entered: 11/18/1994)
ENDORSEMENT granting [367-1] motion for David Kent to Withdraw as Attorney (Terminated attorney David L. Kent for Palmer Gaines, attorney David L. Kent for Richard Bartkus ( signed by Judge Robert N. Chatigny ) (Former Employee) (Entered: 12/13/1994)
ENDORSEMENT granting [368-1] motion for James W. Greene to Withdraw as Attorney (Terminated attorney James W. Greene for Palmer Gaines, attorney James W. Greene for Joseph L. Letezeio, attorney James W. Greene for Melvin Daniels, attorney James W. Greene for Arthur Davis, attorney James W. Greene for Ernest D. Bradshaw, attorney James W. Greene for Joseph L. Letezeio, attorney James W. Greene for Richard Bartkus ( signed by Judge Robert N. Chatigny ) (Former Employee) (Entered: 12/13/1994)
369 MOTION by Corrections Dept. for Order requiring State of Conn. to pay $1,000.00 to each member of monitoring panel in accordance with the Consent Judgment (Brief Due 1/13/95 ) (Former Employee) (Entered: 12/27/1994)
ENDORSEMENT granted absent objection [369-1] motion for Order requiring State of Conn. to pay $1,000.00 to each member of monitoring panel in accordance with the Consent Judgment ( signed by Judge Jose A. Cabranes ) (Grady, B.) (Entered: 12/30/1994)
Status Conference held ( HBF) (Kolesnikoff, D.) (Entered: 02/15/1995)
Status Conference set for 10:00 6/26/95 ( RNC) (Kunofsky, L.) (Entered: 06/08/1995)
370 Pre-Trial Conference held ( RNC) (Kunofsky, L.) (Entered: 06/26/1995)
371 Settlement Conference held ( HBF) (Former Employee) (Entered: 07/20/1995)
372 MOTION by Richard Bartkus, Emily J. for JoNel Newman to Withdraw as Attorney (Former Employee) (Entered: 12/08/1995)
ENDORSEMENT granting [372-1] motion for JoNel Newman to Withdraw as Attorney (Terminated attorney Jonel Newman for Emily J., attorney Jonel Newman for Richard Bartkus ( signed by Judge Alan H. Nevas ) (Former Employee) (Entered: 12/12/1995)
373 Status Conference held ( HBF) (Former Employee) (Entered: 12/22/1995)
374 NOTICE of Proposed Settlement to all Plaintiff class members by Magistrate Judge Holly B. Fitzsimmons (Depino, F.) (Entered: 01/30/1996)
375 ORDER: The notice of the proposed settlement agreement in this case shall be given to the plaintiffs as directed in the body of this order. SEE ORDER FOR DETAILS ( signed by Mag. Judge Holly B. Fitzsimmons )

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01/26/1996 01/30/1996 02/16/1996
03/01/1996 03/05/1996
03/06/1996 03/06/1996
03/06/1996
03/07/1996 03/08/1996 03/08/1996 03/11/1996 03/25/1996 03/25/1996
03/25/1996 03/28/1996 05/24/1996

(Depino, F.) (Entered: 01/30/1996)
376 Settlement Agreement by all plaintiffs, all defendants (Bauer, J.) (Entered: 02/05/1996)
Fairness Hearing set for 10:00 3/11/96 ( RNC) (Kunofsky, L.) (Entered: 01/30/1996)
377 AMENDED SCHEDULING ORDER: Counsel for plaintiffs will file any written summary or commentary concerning the comments of class members, and any memorandum of law, on or before 3/6/96 ( signed by Mag. Judge Holly B. Fitzsimmons ) (Depino, F.) (Entered: 02/20/1996)
378 MOTION by Richard Bartkus for Writ of Habeas Corpus Ad Testificandum (Bauer, J.) (Entered: 03/05/1996)
ENDORSEMENT denying [378-1] motion for Writ of Habeas Corpus Ad Testificandum ( signed by Judge Robert N. Chatigny ) (Bauer, J.) (Entered: 03/06/1996)
379 MOTION by all plaintiffs to approve Settlement Agreement (Brief Due 3/27/96 ) (Bauer, J.) (Entered: 03/06/1996)
380 MEMORANDUM by all plaintiffs in support of [379-1] motion to approve Settlement Agreement by all plaintiffs (Bauer, J.) (Entered: 03/06/1996)
381 Summary of Objections and Responses received from Notice to all Members of Plaintiff Class by all plaintiffs (Bauer, J.) (Entered: 03/06/1996)
382 AFFIDAVIT of Neftali Rodriguez by all defendants Re compliance with [375-1] order (Bauer, J.) (Entered: 03/08/1996)
383 MOTION by all plaintiffs for Writ of Habeas Corpus (Bauer, J.) (Entered: 03/08/1996)
ENDORSEMENT denying [383-1] motion for Writ of Habeas Corpus ( signed by Judge Robert N. Chatigny ) (Bauer, J.) (Entered: 03/08/1996)
384 Fairness hearing held ( RNC) (Bauer, J.) (Entered: 03/12/1996)
ENDORSEMENT granting [376-1] settlement agreement ( signed by Judge Robert N. Chatigny ) (Bauer, J.) (Entered: 03/26/1996)
385 ORDER granting [379-1] motion to approve Settlement Agreement, granting [376-1] settlement agreement ( signed by Judge Robert N. Chatigny ) (Bauer, J.) (Entered: 03/26/1996)
Case closed (Bauer, J.) (Entered: 03/26/1996)
386 JUDGMENT in accordance with the settlement agreement ( signed by Clerk ) (Bauer, J.) (Entered: 03/28/1996)
387 MOTION by all plaintiffs for Mark J. Lopez to Withdraw as Attorney (Bauer, J.) (Entered: 05/24/1996)

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06/05/1996
07/23/1996 09/11/1996 09/11/1996 09/11/1996 09/11/1996 09/11/1996 09/13/1996 09/17/1996
09/26/1996 10/03/1996
10/29/1996 12/05/1996 12/06/1996

ENDORSEMENT granting [387-1] motion for Mark J. Lopez to Withdraw as Attorney (Terminated attorney Mark J. Lopez for Richard Bartkus ( signed by Judge Robert N. Chatigny ) (Bauer, J.) (Entered: 06/05/1996)
388 APPEARANCE of Attorney for all plaintiffs -- Philip D. Tegeler (Former Employee) (Entered: 07/23/1996)
389 MOTION by all plaintiffs for Costs and Attorneys' Fees (Brief Due 10/2/96 ) (Bauer, J.) (Entered: 09/12/1996)
390 MEMORANDUM by all plaintiffs in support of [389-1] motion for Costs and Attorneys' Fees (Bauer, J.) (Entered: 09/12/1996)
391 AFFIDAVIT of Jonel Newman by all plaintiffs Re [389-1] motion for Costs and Attorneys' Fees by all plaintiffs (Bauer, J.) (Entered: 09/12/1996)
392 AFFIDAVIT of Martha Stone by all plaintiffs Re [389-1] motion for Costs and Attorneys' Fees by all plaintiffs (Bauer, J.) (Entered: 09/12/1996)
393 AFFIDAVIT of Philip D. Tegeler by all plaintiffs Re [389-1] motion for Costs and Attorneys' Fees by all plaintiffs (Bauer, J.) (Entered: 09/12/1996)
394 ORDER referring: [389-1] motion for Costs and Attorneys' Fees referred to Mag. Judge Joan G. Margolis (signed by Judge Robert N. Chatigny ) (Bauer, J.) (Entered: 09/16/1996)
395 APPEARANCE of Attorney for Richard Bartkus, Emily J., Joseph L. Letezeio Jr., Ernest D. Bradshaw, Arthur Davis, Melvin Daniels, Joseph L. Letezeio Jr., Palmer Gaines -- Barry J. Boodman (Bauer, J.) (Entered: 09/20/1996)
396 MOTION by all defendants to Extend Time to respond to Motion for Fees and Costs, to 10/31/96 (Jefferson, V.) (Entered: 10/01/1996)
ENDORSEMENT granting [396-1] motion to Extend Time to respond to Motion for Fees and Costs, to 10/31/96, Brief Deadline set for 10/31/96 [389-1] motion for Costs and Attorneys' Fees ( signed by Mag. Judge Joan G. Margolis ) (Jefferson, V.) (Entered: 10/03/1996)
397 MEMORANDUM by all defendants in opposition to [389-1] motion for Costs and Attorneys' Fees by all plaintiffs (Jefferson, V.) (Entered: 11/04/1996)
398 MOTION by Richard Bartkus to Extend Time to 1/3/97 to respond to objection to motion for attorneys fees (Former Employee) (Entered: 12/05/1996)
ENDORSEMENT granting [398-1] motion to Extend Time to 1/3/97 to respond to objection to motion for attorneys fees, Brief Deadline set for 1/3/97 [389-1] motion for Costs and Attorneys' Fees ( signed by Mag.

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01/06/1997 01/06/1997 01/23/1997 01/27/1997 07/24/1997 08/01/1997 06/01/1998 06/05/1998 08/17/1998 02/02/1999 02/16/1999
04/09/1999

Judge Joan G. Margolis ) (Former Employee) (Entered: 12/09/1996)
399 SUPPLEMENTAL MEMORANDUM by all plaintiffs in support of [389-1] motion for Costs and Attorneys' Fees (Jefferson, V.) (Entered: 01/06/1997)
400 AFFIDAVIT of Barry Boodman by all plaintiffs Re [389-1] motion for Costs and Attorneys' Fees by all plaintiffs (Jefferson, V.) (Entered: 01/06/1997)
401 MOTION by all plaintiffs to Seal Exhibits attached to Supplementary Memo in Support of Fees and Costs filed 1/6/97 (Jefferson, V.) (Entered: 01/24/1997)
ENDORSEMENT granting [401-1] motion to Seal Exhibits attached to Supplementary Memo in Support of Fees and Costs filed 1/6/97 ( signed by Mag. Judge Joan G. Margolis ) (Bauer, J.) (Entered: 01/27/1997)
402 ORDER: The State of Connecticut shall pay forthwith Robert L. Cohen M.D. the sum of $5,938.00 ( signed by Mag. Judge Joan G. Margolis ) (Former Employee) (Entered: 07/25/1997)
403 ORDER that State of CT shall pay Edward A. Blanchette, M.D. the sum of $4000.00 ( signed by Mag. Judge Joan G. Margolis ) (Inferrera, L.) (Entered: 08/04/1997)
404 ORDER: that State of Connecticut pay Edward A. Blanchette, MD sum of $5,062.50, as reflected in bill submitted by Blanchette ( signed by Mag. Judge Joan G. Margolis ) (Jefferson, V.) Modified on 06/08/1998 (Entered: 06/02/1998)
405 ORDER: State of Connecticut shall pay forthwith Richard Belitsky, M.D., the sum of $4,975.00 ( signed by Mag. Judge Joan G. Margolis ) (Jefferson, V.) (Entered: 06/08/1998)
406 ORDER reimbursing Monitoring Panel Member Edward Blanchette, MD for fees and services from 6/30/98 through 8/1/98 in the amount of $6,062.50 ( signed by Mag. Judge Joan G. Margolis ) (Former Employee) (Entered: 08/19/1998)
407 MOTION by Palmer Gaines, Joseph L. Letezeio Jr., Melvin Daniels, Arthur Davis, Ernest D. Bradshaw, Joseph L. Letezeio Jr., Emily J., Richard Bartkus for Martha Stone to Withdraw as Attorney (Bauer, J.) (Entered: 02/02/1999)
ENDORSEMENT granting [407-1] motion for Martha Stone to Withdraw as Attorney (Terminated attorney Martha Stone for Richard Bartkus, Emily J., Joseph L. Letezeio, Ernest D. Bradshaw, for Arthur Davis, Melvin Daniels, Joseph L. Letezeio, Palmer Gaines ( signed by Judge Robert N. Chatigny ) (Bauer, J.) (Entered: 02/17/1999)
408 ORDER directing payment by the State of Connecticut to the Monitoring Panel Member in the amount of $14,937.50 to Robert L. Cohen, M.D. for services rendered 3/20/98 through 3/26/99 ( signed by Mag. Judge Joan

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10/20/1999 03/17/2000 06/15/2000

G. Margolis ) (Inferrera, L.) (Entered: 04/12/1999)
414 ORDER: Pursuant to 11/2/90 Consent Judgment and 5/9/91 Court's Ruling, the State of Connecticut shall reimburse the Monitoring Panel Member for fees for services rendered from 8/5/98 through 8/99 in the amount of $3,800.00 payable forwith to Richard Belitsky, M.D. ( signed by Mag. Judge Joan G. Margolis ) (Brown, S.) (Entered: 10/22/1999)
415 ORDER: Pursuant to 11/2/90 Consent Judgment and Court's 5/9/91 Ruling, State of Connecticut is to reimburse Monitoring Panel Member Robert L. Cohen, M.D. for services rendered from 2/10/00 through 2/24/00 in the amount of $6,625.00, payable forthwith ( signed by Mag. Judge Joan G. Margolis ) (Brown, S.) (Entered: 03/17/2000)
416 ORDER: Pursuant to 11/2/90 Consent Order and 5/9/91 Court's Ruling setting hourly rate for Agreement Monitoring Panel, State of Connecticut shall reimburse Monitoring Panel Member Edward Blanchette M.D $12,250.00 for services rendered from 1/28/99 through 2/10/00 ( signed by Mag. Judge Joan G. Margolis ) (Brown, S.) Modified on 09/17/2001 (Entered: 06/19/2000)

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CASREF, CLOSED
U.S. District Court District of Connecticut (Hartford) CIVIL DOCKET FOR CASE #: 2:81-cv-00512-RNC

Gaines v. Corrections Assigned to: Judge Robert N. Chatigny Referred to: Judge Joan G. Margolis Demand: $0 Case in other court: Lead Case, 2:80:cv:506 Cause: No cause code entered

Date Filed: 07/20/1981 Jury Demand: None Nature of Suit: 550 Prisoner: Civil Rights Jurisdiction: Federal Question

Plaintiff Palmer Gaines

represented by David L. Kent Commission On Human Rights & Opportunities 21 Grand St. Hartford, CT 06106 860-541-3423 LEAD ATTORNEY ATTORNEY TO BE NOTICED

James W. Greene, Jr. Connecticut Prison Associates 110 Bartholomew Ave. #3010 Hartford, CT 06106-2201 TERMINATED: 12/12/1994 LEAD ATTORNEY ATTORNEY TO BE NOTICED

Martha Stone Center for Children's Advocacy, Inc University of Connecticut School of Law 65 Elizabeth St. Hartford, CT 06105-2290 860-570-5327 Fax: 860-570-5256 Email: mstone@law.uconn.edu LEAD ATTORNEY ATTORNEY TO BE NOTICED

V. Defendant Corrections Dept.

represented by Peter E. Wiese

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Date Filed 06/13/1992 06/16/1992 11/04/1994 11/17/1994 11/17/1994 12/12/1994
12/12/1994
01/26/1996 03/25/1996 03/28/1996

Attorney General's Office Public Safety & Special Revenue MacKenzie Hall, 110 Sherman St. Hartford, CT 06105 860-808-5450 LEAD ATTORNEY ATTORNEY TO BE NOTICED
Stephen J. O'Neill Attorney General's Office Public Safety & Special Revenue MacKenzie Hall, 110 Sherman St. Hartford, CT 06105 860-808-5450 LEAD ATTORNEY ATTORNEY TO BE NOTICED

#

Docket Text

Consolidated Member Case . Lead Case Number: 2cv80 506 (Moore, P.) (Entered: 06/13/1992)

Deadline updated; Referring Case to Mag. Judge Joan G. Margolis (Moore, P.) (Entered: 06/16/1992)

61 ORDER of Transfer ( signed by Clerk ) to Judge Robert N. Chatigny (Former Employee) (Entered: 11/04/1994)

62 MOTION by Palmer Gaines for James W. Greene to Withdraw as Attorney (Brief Due 12/8/94 ) (Blue,A.) (Entered: 11/18/1994)

63 MOTION by Palmer Gaines for David L. Kent to Withdraw as Attorney (Brief Due 12/8/94 ) (Blue,A.) (Entered: 11/18/1994)

ENDORSEMENT granting [63-1] motion for David L. Kent to Withdraw as Attorney (Terminated attorney James W. Greene for Palmer Gaines ( signed by Judge Robert N. Chatigny ) (Former Employee) (Entered: 12/13/1994)

ENDORSEMENT granting [62-1] motion for James W. Greene to Withdraw as Attorney (Terminated ( signed by Judge Robert N. Chatigny ) (Former Employee) (Entered: 12/13/1994)

64 Settlement Agreement by Palmer Gaines, Corrections Dept. (Bauer, J.) (Entered: 02/05/1996)

Case closed per settlement agreement [376] and Order [385] in lead case 2:80cv506 (Bauer, J.) (Entered: 03/26/1996)

65 JUDGMENT in accordance with the settlement agreement ( signed by Clerk ) (Bauer, J.) (Entered: 03/28/1996)

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CASREF, CLOSED
U.S. District Court District of Connecticut (Hartford) CIVIL DOCKET FOR CASE #: 2:82-cv-00245-RNC

Letezeio v. Corrections Assigned to: Judge Robert N. Chatigny Referred to: Judge Joan G. Margolis Demand: $0 Case in other court: Lead Case, 2:80:cv:506 Cause: No cause code entered

Date Filed: 03/01/1982 Jury Demand: None Nature of Suit: 550 Prisoner: Civil Rights Jurisdiction: Federal Question

Plaintiff Letezeio, Joseph L. Jr.

represented by James W. Greene, Jr. Connecticut Prison Associates 110 Bartholomew Ave. #3010 Hartford, CT 06106-2201 TERMINATED: 12/12/1994 LEAD ATTORNEY ATTORNEY TO BE NOTICED

Martha Stone Center for Children's Advocacy, Inc University of Connecticut School of Law 65 Elizabeth St. Hartford, CT 06105-2290 860-570-5327 Fax: 860-570-5256 Email: mstone@law.uconn.edu LEAD ATTORNEY ATTORNEY TO BE NOTICED

V. Defendant Corrections, Dept. Of

represented by Peter E. Wiese Attorney General's Office Public Safety & Special Revenue MacKenzie Hall, 110 Sherman St. Hartford, CT 06105 860-808-5450 LEAD ATTORNEY ATTORNEY TO BE NOTICED
Stephen J. O'Neill

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Date Filed 06/13/1992 06/16/1992 11/04/1994 11/17/1994 12/12/1994
01/26/1995 03/25/1996 03/28/1996

Attorney General's Office Public Safety & Special Revenue MacKenzie Hall, 110 Sherman St. Hartford, CT 06105 860-808-5450 LEAD ATTORNEY ATTORNEY TO BE NOTICED

#

Docket Text

Consolidated Member Case . Lead Case Number: 2CV80 506 (Moore, P.) (Entered: 06/13/1992)

Deadline updated; Referring Case to Mag. Judge Joan G. Margolis (Moore, P.) (Entered: 06/16/1992)

37 ORDER of Transfer ( signed by Clerk ) to Judge Robert N. Chatigny (Former Employee) (Entered: 11/04/1994)

38 MOTION by Letezeio for James W. Greene to Withdraw as Attorney (Brief Due 12/8/94 ) (Blue,A.) (Entered: 11/18/1994)

ENDORSEMENT granting [38-1] motion for James W. Greene to Withdraw as Attorney (Terminated attorney James W. Greene for Letezeio ( signed by Judge Robert N. Chatigny ) (Former Employee) (Entered: 12/13/1994)

39 Settlement Agreement by Letezeio, Corrections (Bauer, J.) (Entered: 02/05/1996)

Case closed per settlement agreement [376] and Order [385] in lead case 2:80cv506 (Bauer, J.) (Entered: 03/26/1996)

40 JUDGMENT in accordance with the settlement agreement ( signed by Clerk ) (Bauer, J.) (Entered: 03/28/1996)

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CASREF, CLOSED
U.S. District Court District of Connecticut (Hartford) CIVIL DOCKET FOR CASE #: 2:82-cv-00531-RNC

Letezeio v. Corrections Assigned to: Judge Robert N. Chatigny Referred to: Judge Joan G. Margolis Demand: $0 Case in other court: Lead Case, 2:80:cv:506 Cause: No cause code entered

Date Filed: 06/04/1982 Jury Demand: None Nature of Suit: 550 Prisoner: Civil Rights Jurisdiction: Federal Question

Plaintiff Letezeio, Joseph L. Jr.

represented by Martha Stone Center for Children's Advocacy, Inc University of Connecticut School of Law 65 Elizabeth St. Hartford, CT 06105-2290 860-570-5327 Fax: 860-570-5256 Email: mstone@law.uconn.edu LEAD ATTORNEY ATTORNEY TO BE NOTICED

V. Defendant Corrections, Dept. Of

represented by Peter E. Wiese Attorney General's Office Public Safety & Special Revenue MacKenzie Hall, 110 Sherman St. Hartford, CT 06105 860-808-5450 LEAD ATTORNEY ATTORNEY TO BE NOTICED
Stephen J. O'Neill Attorney General's Office Public Safety & Special Revenue MacKenzie Hall, 110 Sherman St. Hartford, CT 06105 860-808-5450 LEAD ATTORNEY ATTORNEY TO BE NOTICED

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Date Filed 06/13/1992 06/16/1992 11/04/1994 01/26/1996 03/25/1996 03/28/1996

#

Docket Text

Consolidated Member Case . Lead Case Number: 2CV80 506 (Moore, P.) (Entered: 06/13/1992)

Deadline updated; Referring Case to Mag. Judge Joan G. Margolis (Moore, P.) (Entered: 06/16/1992)

28 ORDER of Transfer ( signed by Clerk ) to Judge Robert N. Chatigny (Former Employee) (Entered: 11/04/1994)

29 Settlement Agreement by Letezeio, Corrections (Bauer, J.) (Entered: 02/05/1996)

Case closed per settlement agreement [376] and Order [385] in lead case 2:80cv506 (Bauer, J.) (Entered: 03/26/1996)

30 JUDGMENT in accordance with the settlement agreement ( signed by Clerk ) (Bauer, J.) (Entered: 03/28/1996)

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CASREF, CLOSED
U.S. District Court District of Connecticut (Hartford) CIVIL DOCKET FOR CASE #: 2:81-cv-00843-RNC

Bradshaw, et al v. Corrections Assigned to: Judge Robert N. Chatigny Referred to: Judge Joan G. Margolis Demand: $0 Case in other court: Lead Case, 2:80:cv:506 Cause: No cause code entered Plaintiff Ernest D. Bradshaw
Plaintiff Arthur Davis
Plaintiff

Date Filed: 10/29/1981 Jury Demand: None Nature of Suit: 550 Prisoner: Civil Rights Jurisdiction: Federal Question
represented by James W. Greene, Jr. Connecticut Prison Associates 110 Bartholomew Ave. #3010 Hartford, CT 06106-2201 TERMINATED: 12/12/1994 LEAD ATTORNEY ATTORNEY TO BE NOTICED
Martha Stone Center for Children's Advocacy, Inc University of Connecticut School of Law 65 Elizabeth St. Hartford, CT 06105-2290 860-570-5327 Fax: 860-570-5256 Email: mstone@law.uconn.edu LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by James W. Greene, Jr. (See above for address) TERMINATED: 12/12/1994 LEAD ATTORNEY ATTORNEY TO BE NOTICED
Martha Stone (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

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Melvin Daniels
V. Defendant Corrections, Dept. Of

represented by James W. Greene, Jr. (See above for address) TERMINATED: 12/12/1994 LEAD ATTORNEY ATTORNEY TO BE NOTICED
Martha Stone (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Peter E. Wiese Attorney General's Office Public Safety & Special Revenue MacKenzie Hall, 110 Sherman St. Hartford, CT 06105 860-808-5450 LEAD ATTORNEY ATTORNEY TO BE NOTICED
Stephen J. O'Neill Attorney General's Office Public Safety & Special Revenue MacKenzie Hall, 110 Sherman St. Hartford, CT 06105 860-808-5450 LEAD ATTORNEY ATTORNEY TO BE NOTICED

Date Filed 06/13/1992 06/16/1992 11/04/1994 11/17/1994
12/12/1994

#

Docket Text

Consolidated Member Case . Lead Case Number: 2CV80 506 (Moore, P.) (Entered: 06/13/1992)
Deadline updated; Referring Case to Mag. Judge Joan G. Margolis (Moore, P.) (Entered: 06/16/1992)
56 ORDER of Transfer ( signed by Clerk ) to Judge Robert N. Chatigny (Former Employee) (Entered: 11/04/1994)
57 MOTION by Arthur Davis, Melvin Daniels, Ernest D. Bradshaw for James W. Greene to Withdraw as Attorney (Brief Due 12/8/94 ) (Blue,A.) (Entered: 11/18/1994)
ENDORSEMENT granting [57-1] motion for James W. Greene to Withdraw as Attorney (Terminated attorney James W. Greene for Ernest D. Bradshaw,

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01/26/1996 03/25/1996 03/28/1996

attorney James W. Greene for Melvin Daniels, attorney James W. Greene for Arthur Davis ( signed by Judge Robert N. Chatigny ) (Former Employee) (Entered: 12/13/1994)
58 Settlement Agreement by Arthur Davis, Melvin Daniels, Corrections, Ernest D. Bradshaw (Bauer, J.) (Entered: 02/05/1996)
Case closed per settlement agreement [376] and Order [385] in lead case 2:80cv506 (Bauer, J.) (Entered: 03/26/1996)
59 JUDGMENT in accordance with the settlement agreement ( signed by Clerk ) (Bauer, J.) (Entered: 03/28/1996)

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CASREF, CLOSED
U.S. District Court District of Connecticut (Hartford) CIVIL DOCKET FOR CASE #: 2:82-cv-00252-RNC

Letezeio v. Corrections, et al Assigned to: Judge Robert N. Chatigny Referred to: Judge Joan G. Margolis Demand: $0 Case in other court: Lead Case, 2:80:cv:506 Cause: No cause code entered Plaintiff Letezeio, Joseph L. Jr.
V. Defendant Corrections, Dept. Of

Date Filed: 03/02/1982 Jury Demand: None Nature of Suit: 530 Habeas Corpus (General) Jurisdiction: Federal Question
represented by James W. Greene, Jr. Connecticut Prison Associates 110 Bartholomew Ave. #3010 Hartford, CT 06106-2201 TERMINATED: 12/12/1994 LEAD ATTORNEY ATTORNEY TO BE NOTICED
Martha Stone Center for Children's Advocacy, Inc University of Connecticut School of Law 65 Elizabeth St. Hartford, CT 06105-2290 860-570-5327 Fax: 860-570-5256 Email: mstone@law.uconn.edu LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Peter E. Wiese Attorney General's Office Public Safety & Special Revenue MacKenzie Hall, 110 Sherman St. Hartford, CT 06105 860-808-5450 LEAD ATTORNEY ATTORNEY TO BE NOTICED
Stephen J. O'Neill Attorney General's Office

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Defendant Governor, State of CT

Public Safety & Special Revenue MacKenzie Hall, 110 Sherman St. Hartford, CT 06105 860-808-5450 LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Peter E. Wiese (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Stephen J. O'Neill (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Date Filed 06/13/1992 06/16/1992 11/04/1994 11/17/1994 12/12/1994
03/25/1996 03/28/1996

#

Docket Text

Consolidated Member Case . Lead Case Number: 2CV80 506 (Moore, P.) (Entered: 06/13/1992)
Deadline updated; Referring Case to Mag. Judge Joan G. Margolis (Moore, P.) (Entered: 06/16/1992)
63 ORDER of Transfer ( signed by Clerk ) to Judge Robert N. Chatigny (Former Employee) (Entered: 11/04/1994)
64 MOTION by Letezeio for James W. Greene to Withdraw as Attorney (Brief Due 12/8/94 ) (Blue,A.) (Entered: 11/18/1994)
ENDORSEMENT granting [64-1] motion for James W. Greene to Withdraw as Attorney (Terminated attorney James W. Greene for Letezeio ( signed by Judge Robert N. Chatigny ) (Former Employee) (Entered: 12/13/1994)
Case closed per Order [385] granting settlement agreement [376] in lead case 2:80cv506 (Bauer, J.) (Entered: 03/27/1996)
65 JUDGMENT in accordance with the settlement agreement ( signed by Clerk ) (Bauer, J.) (Entered: 03/28/1996)

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 In re Connecticut Prison Overcrowding and Aids Cases, Not Reported in F.Supp. (1990)
1990 WL 261348 Only the Westlaw citation is currently available.
United States District Court, D. Connecticut. In re CONNECTICUT PRISON OVERCROWDING
AND AIDS CASES. David DOE, et al.,
v. Larry R. MEACHUM, et al. Nos. H–80–506(JAC), Civ. H–88–562(PCD), (JGM). | Dec. 6, 1990. | Consent Judgment Nov. 2,
1990.
Opinion
ORDER
José A. CABRANES, District Judge. *1 The Consent Judgment on Health Care for HIV–Infected Inmates and Confidentiality of HIV–Related Information (filed Nov. 2, 1990) (“Consent Judgment”) having been approved by United States Magistrate Joan Glazer Margolis, following notice to interested parties, an evidentiary hearing held on December 4, 1990, and a review of the comments of all concerned, and the proposed Consent Judgment having been independently reviewed by me in light of the full record of this case and related cases, the proposed Consent Judgment is hereby approved and entered.
If and when any questions arise between the parties regarding implementation of paragraph 142 (Costs and Attorneys’ Fees), those questions shall be, and are hereby, referred to Magistrate Margolis. Any appeal to a district judge from a determination by Magistrate Margolis on any such question (only) shall be referred to Judge Alan H. Nevas, who has consented to this referral if and when it is appropriate or necessary.
It is so ordered.
1

In re Connecticut Prison Overcrowding and Aids Cases, Not Reported in F.Supp. (1990)

CONSENT JUDGMENT ON HEALTH CARE FOR HIV–INFECTED INMATES AND
CONFIDENTIALITY OF HIV–RELATED INFORMATION
TABLE OF CONTENTS

PAGE

I.

BACKGROUND ...................................................................................................

1

II.

HIV-RELATED SPECIALTY SERVICES ..................................................

5

A. Specialist Services ...........................................................................................

5

B. AIDS Coordinator ............................................................................................

6

III.

IMPLEMENTATION OF POLICY MANUAL ..........................................

7

IV.

INTAKE AND ASSESSMENT ........................................................................

7

A. Health Screening ..............................................................................................

7

B. Comprehensive Health History and Physical Examination................. 11

C. HIV Disease Treatment Plan ........................................................................ 15

D. Referrals to Infectious Disease Specialists............................................... 19

V.

DELIVERY OF ROUTINE HEALTH SERVICES TO HIV-

INFECTED INMATES........................................................................................

24
2

In re Connecticut Prison Overcrowding and Aids Cases, Not Reported in F.Supp. (1990)

VI. VII. VIII. IX.
X. XI. XII. XIII. XIV. XV.
XVI. XVII.

ACCESS TO MEDICAL CARE FOR ACUTE ILLNESSES................. 26 DRUG THERAPIES............................................................................................. 28 HEALTH CARE RECORDS OF HIV-INFECTED INMATES ............ 29 PRESCRIPTION AND ADMINISTRATION OF MEDICATIONS FOR HIV-INFECTED INMATES ................................................................... 36 EMERGENCY KITS............................................................................................ 37 DIET FOR HIV-INFECTED INMATES....................................................... 38 MENTAL HEALTH CARE FOR HIV-INFECTED INMATES ........... 41 DENTAL CARE FOR HIV-INFECTED INMATES ................................ 44 EYE CARE FOR HIV-INFECTED INMATES .......................................... 46 ADDITIONAL CRITERIA FOR THE CARE OF HIV-INFECTED WOMEN................................................................................................................... 46 DISCHARGE PLANNING ................................................................................ 47
HOUSING OF SYMPTOMATIC HIV-INFECTED INMATES ........... 51
3

In re Connecticut Prison Overcrowding and Aids Cases, Not Reported in F.Supp. (1990)

A. Chronic Care Ward at Connecticut Correctional Institution at

51

Niantic .......................................................................................................................

B. Skilled Nursing Facility and Health Related Facility Beds ................. 52

C. Medical Unit Beds ........................................................................................... 52

XVIII.

STAFF EDUCATION.......................................................................................... 54

XIX.

STAFFING .............................................................................................................. 57

XX.

QUALITY ASSURANCE .................................................................................. 57

XXI.

CONFIDENTIALITY .......................................................................................... 60

XXII.

MONITORING OF CONSENT JUDGMENT............................................. 61

XXIII.

GENERAL PROVISIONS ................................................................................. 65

XXIV.

NOTICE TO CLASS ............................................................................................ 68

XXV.

COSTS AND ATTORNEYS’ FEES ............................................................... 69

4

In re Connecticut Prison Overcrowding and Aids Cases, Not Reported in F.Supp. (1990)

EXHIBITS —1 BROCHURE FOR BANYAN STAT KIT 800

FORMS

FORM A

HIV-ASSOCIATED COMPLETE PHYSICAL EXAMS

FORM B

HIV-INFECTED PATIENT FLOW SHEET

FORM C

TREATMENT PLAN FOR HIV-INFECTED INMATES

FORM D

W-10 TRANSFER FORM

FORM E

TERMINATION/TRANSFER FORM

FORM F

MENTAL HEALTH SERVICES—INITIAL ASSESSMENT

FORM G

MENTAL HEALTH SERVICES—TREATMENT PLAN

FORM H

AUTHORIZATION FOR RELEASE OF INFORMATION FORM

FORM I

MEDICAL INCIDENT REPORT

FORM J

FOLLOWUP TO MEDICAL INCIDENT REPORT

FORM K

MORTALITY REVIEW

FORM L

COMPREHENSIVE CHART REVIEW SCREENING CRITERIA

5

In re Connecticut Prison Overcrowding and Aids Cases, Not Reported in F.Supp. (1990)

JOAN GLAZER MARGOLIS, United States Magistrate Judge.
I. BACKGROUND *2 1. This action was filed on August 15, 1988. It challenges certain policies and practices of the defendant officials of the Connecticut Department of Correction which pertain to education concerning the Human Immunodeficiency Virus (“HIV”), counselling prior and subsequent to testing for HIV-infection, medical and mental health care provided to inmates with HIV-infection, and protections for the confidentiality of the identities of inmates with HIV–infection.
2. This action was certified as a class action on February 10, 1989 by Order of the United States District Judge Peter C. Dorsey, accepting and adopting Magistrate Joan Margolis’ January 20, 1989 Recommended Ruling on Plaintiffs’ Motion for Class Certification.
3. After extensive motion practice, discovery, and several weeks of trial, the parties met to discuss and negotiate settlement of the issues raised by plaintiffs’ March 3, 1989 Motion for Preliminary Injunction, which pressed certain of plaintiffs’ claims regarding inmate AIDS education and pre- and post–HIV test counselling.
4. On May 16, 1989 the parties entered into a Consent Judgment on Inmate AIDS Education and Pre- and Post–HIV Test Counselling which, after appropriate notice to the class and a hearing, was approved by the Court.
5. Since May, 1989, discovery has continued regarding the remaining issues in this action. The provisions of this Consent Judgment are the result of several discussions and careful negotiation among all parties after this additional discovery. They have been agreed to solely as a means to put a reasonable end to the parties’ dispute over the issues of confidentiality and medical and mental health care for HIV-infected inmates and to avoid the costs, time, and risks which would be involved for both parties in further litigation. This Consent Judgment embodies a compromise of the issues involved and, while its provisions are binding on the parties herein, its provisions are not to be construed to be statements, ruling, or precedents with respect to the constitutional and other legal rights of persons who are parties or nonparties to this litigation in this or any other action.
6. As used in this Judgment, the following terms shall

have the following meanings unless specifically stated otherwise:
a. “AIDS” shall mean Acquired Immune Deficiency Syndrome, as defined by the Centers for Disease Control of the United States Public Health Service.
b. “AZT” means Zidovudine, Azidothymidine or Retrovir.
c. “CDC” shall mean the Centers for Disease Control of the United States Public Health Service.
d. “Commissioner of Correction” or “Commissioner” shall mean the Commissioner of the Connecticut Department of Correction or his/her designee.
e. “DOC” shall mean the Connecticut Department of Correction.
f. “DOC’s medical complexes” shall refer to the current groupings of DOC facilities, which at the time of the signing of this Judgment are six in number: Somers, Niantic, Cheshire, Hartford, New Haven, and Bridgeport. Should this term cease to be used by DOC to designate the current configuration of health care delivery, the term shall be interpreted to mean those groupings of DOC facilities currently in operation which are in the same general area of the state and which serve approximately the same number of inmates as the current complexes serve.
*3 g. “DOHS” shall mean the Connecticut Department of Health Services.
h. “DOHS–certified HIV counsellor” shall mean persons who are certified by DOHS to do HIV–test counselling.
i. “Infectious Disease Specialist” as used in this Judgment shall mean a person meeting the qualifications specified in Section II.A, infra.
j. “Inmate” shall mean any and all persons committed to the care and custody of the defendant Commissioner of Correction now or in the future, whether in pretrial or sentenced status.
k. “FDA” shall mean the United States Food and Drug Administration.
l. “HIV” and “HIV-infection” shall mean infection with the human immunodeficiency virus, or any other related virus identified as the probable causative agent of AIDS.
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In re Connecticut Prison Overcrowding and Aids Cases, Not Reported in F.Supp. (1990)

m. “HIV test” shall mean any laboratory test or series of tests for any virus, antibody, antigen or etiologic agents whatsoever thought to cause or to indicate the presence of HIV-infection.
n. “NIAID” shall mean the National Institute of Allergy and Infectious Diseases.
o. “Inmates at risk of having HIV-infection” shall mean all inmates with a health history indicative of possible HIV-infection, including without limitation intravenous drug use, transfusions, male homosexual contact, sexual promiscuity and/or other types of blood to blood contact with persons with HIV–infection.
p. “Physician’s assistant” shall mean a graduate of an approved Physician’s Assistant program who is licensed to practice as a physician’s assistant in this State.
q. “Accepted professional standards” shall mean those standards in effect on the date of the signing of this Judgment.
II. HIV–RELATED SPECIALTY SERVICES
A. Specialist Services 7. Within 120 days of judicial approval of this Consent Judgment, the Commissioner of DOC shall establish Infectious Disease Specialist services in or for each DOC Complex (except in the New Haven Correctional Center and the Bridgeport Correctional Center where such services shall be established in July, 1991), to which particular inmates with HIV-infection, as specified in this Judgment, §§ IV.A.15, IV.C.24, and D.27., infra, shall be referred for health care related to their HIV-infection. These specialist services shall be provided by physicians who either are Infectious Disease Specialists, Infectious Disease Fellows, or physicians who are Board-certified in internal medicine, family practice or preventive medicine and who have two years of experience in in- and out-patient management of persons with HIV infection. The total number of hours of Infectious Disease Specialist service provided by DOC shall be determined by the number of referrals and the clinical need for the services, as measured by the criteria set forth in this Judgment. The specialist services shall be provided as necessary to fulfill the terms of this Judgment and to meet the clinical need for such services, as defined in this Judgment. It is anticipated that there will generally be a weekly clinic at each Complex. Inmates who need to be seen by an Infectious Disease Specialist may be transported to another Complex in the event of the unavailability of the specialist assigned to their Complex or in the event that

there are too few inmates to justify a separate clinic at that Complex. In addition, DOC shall provide for telephone consultation services and, as medically necessary, for non-regularly scheduled visits to the facility on an on-call basis by physicians with equivalent qualifications and experience.
*4 8. Until such time as Infectious Disease Specialist services are established at the New Haven Correctional Center and the Bridgeport Correctional Center, DOC shall ensure that the HIV–related treatment plans of HIV–infected inmates within said facilities are reviewed by an Infectious Disease Specialist and shall transfer HIV–infected inmates to Complexes which have Infectious Disease Specialist services whenever medically-necessary.
B. AIDS Coordinator 9. Within sixty days of judicial approval of this Consent Judgment, the Commissioner of DOC shall designate for each DOC facility the medical staff person responsible for ensuring compliance with the terms of this Judgment (including the maintenance of necessary tickler systems) and otherwise acting as a liaison with the DOC Director of Health Services for purposes of ensuring quality of care for HIV infected inmates. This staff person shall be either the Medical Director of the facility, CHNS or acting CHNS for the facility or Complex, or a Registered Nurse assigned to the facility who is thoroughly trained in the management of HIV disease.
III. IMPLEMENTATION OF POLICY MANUAL 10. A written comprehensive policy and procedure manual setting forth the standards for health care treatment of inmates with HIV–infection as summarized in the pertinent elements of this Judgment and as incorporated in DOC’s HIV-related protocols and forms shall be submitted to the Monitoring Panel described herein within sixty days of judicial approval of this Consent Judgment for the Panel’s review and comment, and fully implemented within sixty days thereafter. The forms attached to this Consent Judgment may be modified as needed to improve upon the efficiency of the form and to accommodate changes in medical knowledge and standards, provided that the Monitoring Panel, before new forms are implemented, shall have opportunity to review and comment on any changes in the forms to ensure that they conform to then-current accepted professional standards.
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In re Connecticut Prison Overcrowding and Aids Cases, Not Reported in F.Supp. (1990)

IV. INTAKE AND ASSESSMENT
A. Health Screening 11. Within twelve hours of admission to a DOC facility from any place other than another DOC facility, each inmate shall receive a health screening examination. This screening examination must be performed in private by a correctional medical attendant, licensed nurse, nurse clinician, physician assistant, or physician. Within sixty days after judicial approval of this Consent Judgment, all correctional medical attendants and licensed practical nurses [“LPNs”] performing the medical screening examination will have received a six hour training course specifically dealing with medical screening procedures and important clinical aspects of HIV infection with the appropriate referral criteria.
12. One aspect of this health screening shall be to assess whether the inmate has or may have HIV infection, including by inquiring of the inmate if s/he is infected, assessing the inmate’s past behaviors which pose a risk of transmission, and making a preliminary determination of any clinical indications of infection, including fever, night sweats, fatigue, dysphagia, cough, shortness of breath, lymph node enlargement, diarrhea, new skin lesions, pruritus, visual changes, headache, memory changes, weakness, numbness, paresthesias/dysesthesias, and recent weight loss. The health screening also shall be used to determine if the inmate is in need of immediate further evaluation, next-day physician referral, and/or other appropriate followup.
*5 13. Inmates who have not tested positive in the past and who describe risk behaviors in the past related to, and/or who have significant findings suggestive of, HIV-infection shall be advised of the medical benefits of being tested to assess if they are HIV infected. HIV tests shall be available in all DOC facilities, but can only be ordered by a physician. No inmate may be tested for HIV-infection unless the HIV-test counselling mandated by the 1989 Consent Judgment on AIDS Education and Pre– and Post–HIV Test Counselling in this action is provided. Except as otherwise specified in P.A. 89–246, no inmate shall be tested for HIV infection unless the inmate has consented to the performance of the test, in such manner as required by P.A. 89–246.
14. All inmates at the initial screening shall be given written materials in English and Spanish which describe available medical and mental health services for HIV–related care, the confidentiality of these services, and the procedures for gaining access to such services. DOC shall ensure that this information is communicated verbally in a timely manner to illiterate inmates, and by translation to inmates with a native language other than

English or Spanish.
15. If the screening examination indicates that an inmate’s HIV-related condition may require immediate medical and/or mental health treatment, that inmate shall be referred immediately for such additional care to appropriate DOC medical and/or mental health staff. This staff shall promptly assess the inmate’s status, provide appropriate treatment, and make all necessary additional referrals, including, as appropriate, to the Infectious Disease Specialist. Medical findings that would trigger such additional referrals to the Infectious Disease Specialist would include, but would not be limited to, the following: a) an inmate on AZT, PCP prophylaxis, or any other prescribed medications for HIV disease or its complications; b) fever of 102 F or more in a patient suspected or known to be HIV-infected; c) obvious significant infection in a patient suspected or known to be HIV-infected, including dental abscess, cellulitis, peri-anal ulcerations, etc.; d) signs of respiratory distress, e.g. respiratory rate at rest greater than or equal to 25/minute, intercostal retractions, cyanosis, especially if these signs are associated with a non-productive cough; e) severe persistent headache in a patient suspected or known to be HIV-infected; f) mental status abnormalities that are acute or clinically unexplained, e.g. confusion, poor memory, bizarre or inappropriate behavior; g) visual complaints in a patient suspected or known to be HIV-infected; h) a patient with suspected wasting syndrome (suspected on visual exam or by a documented 10% weight loss over the previous three months without obvious explanation); i) an inmate exhibiting skin lesions suggesting Kaposi’s sarcoma, severe HSV or varicella-zoster; j) obvious muscle weakness or ataxia of recent onset in a patient suspected or known to be HIV-infected; k) a patient with a known T4 count below 200/mm3. Access to such specialist services shall not be denied based on custodial concerns or other non-medical issues. The time, date and nature of each referral shall be noted in the inmate’s medical record, or, as appropriate, mental health record.
B. Comprehensive Health History and Physical Examination *6 16. Each newly admitted inmate who is known to DOC to have HIV infection, who demonstrates symptoms suggesting HIV infection, and/or who has notified DOC staff that s/he is HIV infected shall be given a comprehensive health history and physical examination [“CHH”] of all systems by a physician, nurse clinician, or physician assistant with adequate training in the assessment of HIV disease within ninety-six hours of admission, provided that in those DOC facilities in which
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In re Connecticut Prison Overcrowding and Aids Cases, Not Reported in F.Supp. (1990)

such staff is present two or fewer times each week or during holiday weeks, the assessment shall be completed within one week of admission. All inmates diagnosed as having HIV infection while within DOC custody shall be given this same examination by the same DOC medical personnel within ninety-six hours of diagnosis.
17. The comprehensive health history and physical examination shall be conducted in private and the results recorded in the inmate’s medical record using, as appropriate, the HIV Health Care Summary, Flowsheet, and Rolling Treatment Plan, attached hereto as Forms A–C and incorporated herein by reference. It shall include the following components:
a. a complete physical examination (including a baseline weight, temperature, pulse, blood pressure, and respiratory rate and an examination of the lungs, cardiovascular system and abdomen).
b. a fundoscopic examination.
c. a basic examination of the soft tissues of the mouth, which shall include assessment of abnormalities indicative of HIV-infection (e.g. oral hairy leukoplakia, candida, oral ulcerations, oral Kaposi’s Sarcoma, and progressive periodontal disease).
d. a basic neurologic examination, which shall assess any disturbances in gait, cerebellar function, gross and fine motor function, reflexes, and sensory functioning.
e. a basic mental status examination, which shall assess any memory loss, speech difficulties, delusions, symptoms of psychotic or marginal behavior, clinical depression and/or suicidal ideation.
f. an evaluation of lymph node status in various chains including cervical, supraclavicular, axillary and inguinal areas.
g. a basic examination of the skin to assess any HIV-related problems, e.g. with nonspecific rashes/dermatitis, folliculitis, psoriasis, seborrhea, and lesions suggestive of Kaposi’s sarcoma.
h. an evaluation of the genitalia and perirectal areas (for men) or a Pap smear, pelvic and perirectal examination (for women). Such evaluations for women performed by a DOC nurse need not be repeated if such an exam was performed within the previous two months, and if the patient denies any gynecological complaints.
18. In addition, the following laboratory tests shall be

included as a routine part of the comprehensive health examination for those inmates known to be HIV-antibody positive once the comprehensive health history and physical examination have been completed:
a. a PPD-intermediate (which shall be read forty-eight to seventy-two hours after application), unless the inmate is PPD positive and/or has a past history of TB.
*7 b. a CBC with differential which shall be repeated twice a year at a minimum.
c. a Chem 20 (or similar chemistry profile) which shall be done when the CBC is first done, and thereafter repeated with the CBC.
d. a dipstick urinalysis, which shall be repeated thereafter at the yearly physical examination.
e. VDRL.
f. HBsAg and HBsAb unless the HBSAb is known to be positive.
g. a T cell profile, which shall include an absolute CD4 count and a CD4/CD8 ratio and which shall be repeated twice a year (or more often if there is evidence of clinical deterioration consistent with advancing HIV disease or if the inmate’s most recent T4 count was approaching a level for which s/he would qualify, under currently-accepted professional standards, for a treatment that had not yet been offered. Once the T4 count falls below 200/mm 3, the T cell profile need not be repeated unless medically appropriate.
h. a chest x-ray, to be repeated yearly.
i. if the results of the comprehensive health history and physical examination, as reflected in an entry in the inmate’s medical record, indicate that the inmate is not known to be HIV infected, only the tests specified in § IV.B.18.a-e, supra, need be performed.
19. If the medical staff conducting the comprehensive health examination detects any significant clinical findings in an inmate’s mental status examination, the neurological examination, the examination of the mouth, and/or the laboratory tests requiring further evaluation, immediate referrals shall be made to specialists in psychiatry, ophthalmology, neurology, dentistry, diagnostic radiology, etc. so that the inmate’s condition might be more fully assessed as soon as medically appropriate, subject to review by the Infectious Disease Specialist. Access to such specialist services shall not be
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In re Connecticut Prison Overcrowding and Aids Cases, Not Reported in F.Supp. (1990)

denied based on custodial concerns or other non-medical issues. The time, date, and nature of each such referral shall be recorded in the inmate’s medical or, when appropriate, mental health record.
20. The comprehensive health examination for new admittees, specified in §§ 16–18, supra, need not be conducted if, after review of the DOC medical records, it is established that the inmate has been discharged from the DOC system and subsequently readmitted AND has had a comparable comprehensive health examination within a DOC facility within the previous sixty days AND the initial screening/comprehensive health history at the time of readmission has revealed no acute medical or mental health conditions.
21. A repeat comprehensive health history and physical examination are not required for those inmates who are transferred from one DOC facility to another UNLESS such comprehensive health history and physical examination are medically indicated by the initial medical screening which is done by the receiving DOC facility at admission.
C. HIV Disease Treatment Plan 22. After the physician’s review of the HIV-infected inmate’s existing medical and mental health records, including those pertaining to the personal examination of the inmate, review of reports of any other specialists, and completion of such other tests and assessments as are determined to be necessary, an individualized, goal-directed and outcome-oriented HIV-disease health care summary, flow sheet, and treatment plan, using the attached Forms A–C as standardized forms, shall be developed and implemented for the medical care of each HIV-infected inmate.
*8 23. The individualized health care summary, flow sheet and treatment plan (Forms A–C) for each HIV-infected inmate shall be completed by a DOC physician responsible for HIV-related care within that inmate’s particular DOC facility.
24. The individualized health care summary, flow sheet and treatment plan for a symptomatic HIV-infected inmate shall be completed within ten days of the inmate’s admission to a DOC facility or, for inmates diagnosed while within DOC care, within ten days of diagnosis. If all requisite laboratory reports have not been completed within this period or if the inmate is transferred to a community facility for health care treatment, the plan shall be prepared in draft form, and revised, as necessary, when all laboratory reports are complete or the inmate

returns to a DOC facility. The treatment plan for an asymptomatic HIV-infected inmate shall in normal circumstances be completed within ten days of completion of requisite laboratory work, but in no event later than thirty days after admission or diagnosis. The Infectious Disease Specialist shall review the initial treatment plans of all HIV-infected inmates who have not been referred to him/her for in-person evaluation to ensure that the data base is complete, to assess if there are any laboratory or physical abnormalities which require referral to him/her, to assess the need for and timing of examinations by other specialists, and to alert the responsible facility physician as to needed changes in the treatment plan and to provide advice as to how to follow th einmate medically. All significant changes to an HIV treatment plan and the finding of new opportunistic infections or other new AIDS-defining conditions also shall be reviewed by the Infectious Disease Specialist. This review shall be completed within seven business days of the completion of, or revision to, the treatment plan or new finding.
25. The individualized HIV health care summary, flow sheet and treatment plan shall follow the standardized format of the attached Forms A–C, and may refer to and incorporate by reference any pertinent DOC protocols for HIV-related care. The treatment plan shall include at least the following:
a. a record of the inmate’s current T-cell level.
b. a schedule according to which appropriate T-cell and other laboratory studies will be performed—starting immediately.
c. a determination of toxoplasmosis titer for those HIV-infected patients whose T4 count is below 250/mm3. Once a toxoplasmosis titer has been obtained in the past and the results recorded, it need not be repeated.
d. a schedule for follow-up check-ups to review past and current symptomatology, to repeat and to review T-cell and other laboratory results, and to order medication as appropriate.
e. Referrals to appropriate specialists, including but not limited to neurology, ophthalmology, psychiatry, diagnostic radiology.
f. nutrition and diet restrictions or recommendations.
*9 g. evaluation for and, when medically-appropriate, initiation of anti-retroviral therapy (with AZT, DDI, etc.).
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In re Connecticut Prison Overcrowding and Aids Cases, Not Reported in F.Supp. (1990)

h. evaluation for and, when medically-appropriate, initiation of primary and secondary opportunistic infection prophylaxis (e.g. for PCP, toxoplasmosis, cytomegalovirus, cryptococcus).
i. evaluation for, and, when medically-appropriate, initiation of anti-viral therapies (for CMV, herpes simplex, varicella-Zoster infections, etc.).
j. evaluation for and, when medically-appropriate, initiation of anti-fungal therapies (for candida, cryptococcus, etc.).
k. evaluation for and, when medically-appropriate, initiation of treatment for M. tuberculosis and atypical TB infections.
l. evaluation for and, when medically-appropriate, provision of vaccination (for influenza, pneumococci).
m. evaluation for and, when medically-appropriate, initiation of treatment for Kaposi’s sarcoma (alpha-interferon, chemotherapy, radiation therapy etc.).
n. evaluation for and, when medically-appropriate, initiation of treatment for other neoplasms.
o. a schedule for regular evaluation (by laboratory tests, inmate interviews and/or physical examinations) of the toxic side effects of each medication administered when medically appropriate.
p. a determination of the frequency with which a complete repeat physical shall be done on that inmate.
q. a list of all consultations requested for the inmate, including the date the request was made, the type of consultation requested, the date of any followup calls, the date on which the consultation occurred, and any summary of the outcome of the consultation, provided that any summary of a mental health consultation shall be recorded in the inmate’s mental health record.
26. A CHH shall be conducted and an individualized treatment plan and flowsheet as described above shall be completed within 120 days of judicial approval of this Consent Judgment for each inmate who has been diagnosed as having HIV-infection and who is in DOC custody at the time of the approval of this Judgment. If inmate has had the CHH specified in § IV.B.17–18, supra, in last six months, this exam need not be repeated.
D. Referrals to Infectious Disease Specialists

27. The following categories of inmates shall immediately be referred to the Infectious Disease Specialist, to be seen within the response time noted after each basis for referral outlined below:
a. HIV-infected inmates on AZT, DDI, PCP prophylaxis, and other HIV-related medications shall be seen within two weeks of referral;
b. HIV-infected inmates who are identified as having a T4 count under 400/mm3 shall be seen within two weeks of referral;
c. inmates who upon the initial health screening and/or physical examination, or subsequent to this initial examination, are found to exhibit symptoms suggestive of the following HIV-related conditions:
—thrush not related to concomitant or recent antibiotic therapy. Such inmates shall be seen within two weeks of referral;
*10 —skin lesions consistent with Kaposi’s sarcoma, Herpes zoster, severe Herpes simplex infection. Such inmates shall be seen within one week of referral;
—unexplained dysphagia in a patient suspected or known to be HIV-infected. Such inmates shall be seen within one week of referral;
—persistent periodic fever of 102 F or more in a patient suspected or known to be HIV-infected. Such inmates shall be seen within one week of referral;
—persistent non-productive cough but negative chest x-ray for an acute infiltrate in a patient suspected or known to be HIV-infected. Such inmates shall be seen within one week of referral;
—other localized infections including cellulitis, infected wounds or ulcers, etc. in a patient suspected or known to be HIV-infected. Such inmates shall be seen within one week of referral.
d. HIV-infected inmates with a clinically-significant deterioration in an HIV-related condition. Such inmates shall be either evaluated by the Infectious Disease Specialist within twelve hours or less of the referral or they shall be referred to an emergency room attached to an accredited community hospital within this timeframe. Conditions requiring such medical disposition would include, but would not be limited to, the following:
—respiratory distress with a respiratory rate greater than
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In re Connecticut Prison Overcrowding and Aids Cases, Not Reported in F.Supp. (1990)

or equal to 25/minute at rest not related to a known chronic respiratory disorder, e.g. asthma, COPD. The presence of cyanosis or mental status changes thought to be related to hypoxemia would require immediate transfer to a hospital emergency room as above.
—signs and symptoms compatible with encephalopathy due to HIV itself, toxoplasmosis, or other HIV-associated CNS disease including lymphoma and cryptococcal meningitis. Such signs and symptoms would include severe unrelenting headache, neurological changes such as the sudden appearance of a focal neurologic deficit or sudden ataxia, and mental status changes (confusion, personality change, unexplained sudden alterations in consciousness, etc.).
—visual complaints compatible with retinal disease (suspected CMV or toxoplasmosis retinitis).
—clinically significant hemorrhagic episodes, e.g. documented acute GI blood loss.
e. HIV-infected inmates with an unintended weight loss of 10% of body weight or more within the past six months. Such inmates shall be seen within two weeks of referral.
f. HIV-infected inmates experiencing vomiting and/or diarrhea of more than three days duration notwithstanding dietary adjustments. Such inmates shall be seen within one week of referral.
g. HIV-infected inmates with progressive gingivitis, obvious dental abscess, unexplained oral lesion, or hairy leukoplakia. Such inmates shall be seen within one week of referral.
h. inmates housed in an infirmary setting specifically because of their HIV-related condition. These patients shall be evaluated at least weekly by an Infectious Disease Specialist, though they shall also be seen several times a week by the DOC physician assigned to this area.
*11 i. HIV-infected inmates with a documented new infiltrate on chest X-ray. Such inmates shall be seen within one week of referral.
j. Inmates with a newly documented white cell count between 1000/mm3 and 3500/mm3. Such inmates shall be seen within two weeks of referral. Inmates with a newly documented white cell count under 1000/mm3 shall be seen within one week of referral.
k. Inmates with a newly-documented platelet count

between 50,000 and 100,000 shall be seen within two weeks of referral. Inmates with a platelet count under 50,000 shall be seen within one week of referral. Those inmates with physical signs of internal hemorrhage (many petechiae, large, scattered purpura and ecchymoses, especially if associated with GI blood loss) may require immediate referral to a local emergency room following phone consultation with the Infectious Disease Specialist.
l. Inmates with a hematocrit less than 27% who shall be seen within one week.
m. Inmates with such additional symptoms and conditions as the DOC Director of Health Services, in consultation with the Infectious Disease Specialists, determines to be medically-appropriate bases for referral in light of new medical developments. The time and reason for referral shall be noted in the inmate’s health care record.
V. DELIVERY OF ROUTINE HEALTH SERVICES TO HIV–INFECTED INMATES. 28. All HIV-infected inmates shall be routinely scheduled for follow-up health examinations at a frequency consistent with current professional standards.
29. All HIV-infected inmates shall be routinely scheduled for all laboratory tests as are determined to be medically-necessary by the treating physician in consultation with the Infectious Disease Specialist in accordance with accepted professional standards.
30. DOC shall institute a “tickler system” and such other procedures as are necessary to ensure that the examinations and laboratory work are scheduled for, and provided to, HIV-infected inmates at the intervals consistent with § V.28. to V.29, supra. These procedures shall include, but are not limited to, the use of the standardized form attached hereto as Form C and a requirement that if an inmate is transferred from one DOC facility to another without his/her medical file, the receiving facility shall promptly call the sending facility and/or the Health Services Division in Central Office for all information about that inmate on their tickler files, and shall promptly include said information on the receiving institution’s tickler file. This system and its accompanying procedures shall also ensure that all necessary treatment identified in an inmate’s HIV treatment plan is provided at the time(s) identified in the plan. Any “tickler system” and other procedures for ensuring ongoing care for infected inmates shall maintain the confidentiality of an inmate’s HIV status by limiting disclosures regarding HIV status only to the health care personnel involved in providing HIV-related health care
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In re Connecticut Prison Overcrowding and Aids Cases, Not Reported in F.Supp. (1990)

to that inmate.
*12 31. DOC shall establish a system for preventive health care maintenance for HIV-infected inmates which ensures that inmates are apprised of treatments and vaccines deemed medically necessary and appropriate for them. HIV-infected inmates shall receive, in accordance with current recommendations of CDC or NIAID:
a. pneumococcal vaccine.
b. influenza vaccine.
c. PCP prophylaxis.
32. DOC shall incorporate into the introductory AIDS education program for inmates mandated by the May 16, 1989 Partial Consent Judgment in this action information about AZT, DDI, PCP prophylaxis, and any other advances in HIV-related therapies deemed appropriate for inclusion in such program by the DOC Director of Health Services as well as an explanation that Consent Judgments relating to AIDS-related care have been entered and where, within the institution, a copy of these Judgments is maintained for an interested inmate to read. Defendants shall maintain within each DOC facility, either in the medical unit or another appropriate site, a copy of the two Consent Judgments entered in this action and shall establish a procedure whereby inmates interested in reading one or both Judgments have opportunity to do so within a reasonable time of their request.
33. Because of the relationship between HIV-infection and TB, DOC shall continue to implement policies and procedures for the identification, management and treatment of TB that meet accepted professional standards.
VI. ACCESS TO MEDICAL CARE FOR ACUTE ILLNESSES. 34. Each DOC facility shall institute a system for sick call by which inmates, including those with HIV-disease, who seek medical attention shall be allowed to place their requests into a locked box or other equivalent confidential container or location which shall be checked at least daily when health care staff are present in the facility and access to which shall be limited to health care personnel. The collection schedule shall be posted on or near the box (or container).
35. Absent an emergency, any HIV-infected inmate who requests medical attention shall be placed on the next

routine sick call. Any HIV-infected inmate identified by DOC medical staff as having an unresolved, clinically-significant acute illness or condition which has lasted for three consecutive days, or with a clinically-significant deterioration in neurological and/or respiratory status which has lasted for six hours, shall immediately and automatically be referred to the on-call Infectious Disease Consultant or the Complex’s Infectious Disease Specialist for immediate attention. If this physician determines that further evaluation is required, s/he shall either come promptly to the facility to examine the inmate or the inmate shall be transported promptly to a hospital emergency room. If this physician decides that no further action should be taken or treatment administered, he/she shall note the rationale therefore in the inmate’s medical record and the inmate shall be informed of the decision by DOC medical staff. Inmates shall be afforded the opportunity to review their medical records and shall be informed of the procedure by which they can raise questions regarding the medical care being provided to them.
*13 36. When an HIV-infected inmate develops fever or other sign of infection and when any physician (or registered nurse, if the physician is not available) believes that the inmate is in need of a transfer to an outside hospital, that inmate shall immediately be transferred to such an outside hospital.
37. A W–10 Transfer Form, attached hereto as Form D, shall be prepared for each HIV-infected inmate who is to be transferred outside DOC for in-patient care. For inmates transported for out-patient care, significant problems and medications shall be documented on a consultation sheet which shall accompany that inmate to the appointment. A copy of the inmate’s HIV flow sheet (Form B) shall also accompany the inmate at the time of transfer for inpatient care. The documents shall be updated, as necessary, to include a list of all current medications, doses, dose schedules, and allergies, as well as instructions as to which medications can and cannot be taken together, a summary of current illnesses including vital signs and relevant physical findings, and the results of all lab tests done in the previous two weeks. In the event of an emergency transfer precluding time for copying the necessary transfer documents, the physician, nurse, or medic shall, concurrent with the inmate’s transfer, make direct telephonic contact with the physician or emergency room triage nurse at the outside hospital to relay all information necessary for the inmate’s treatment and shall forward the completed and updated W–10 and flow sheet within twelve hours to the hospital.
38. All inmate transfers for medical and mental health
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In re Connecticut Prison Overcrowding and Aids Cases, Not Reported in F.Supp. (1990)

care shall be managed so as to protect the confidentiality of the inmate’s condition from disclosure to non-medical DOC staff and other non-medical personnel.
VII. DRUG THERAPIES. 39. DOC shall offer to an HIV-infected inmate such drug therapies (including drugs approved by the FDA for “compassionate use” and FDA-approved Treatment Investigational New Drugs) as are determined to be medically necessary for him/her by the treating physician, in consultation with the Infectious Disease Specialist, in accordance with accepted professional standards. Said drugs shall be administered (in dosages and at frequencies) and monitored in accordance with accepted professional standards.
40. Prior to the initiation of any treatment, HIV-infected inmates shall be informed of the nature of the treatment, the possible risks, benefits and side effects of the treatments, and the methods to monitor the efficacy of the treatments. DOC shall prepare a written Informed Consent Form for AZT, DDI, and any treatment IND drug. This form shall be in English and Spanish, and shall detail the requisite components of an informed consent, shall be signed by an inmate prior to receipt of the drug, and shall be included in the inmate’s medical record.
41. An inmate receiving AZT, DDI, PCP prophylaxis, and/or other HIV-related medications shall be monitored at medically-indicated frequencies by the Infectious Disease Specialist. This monitoring shall be on an ongoing basis according to accepted professional standards and shall include all requisite lab work at the medically-accepted frequencies.
*14 42. The hematocrit (HCT) of each inmate receiving AZT shall be appropriately monitored by an R.N. or M.D. on an on-going basis. All inmates with a hematocrit (HCT) below twenty (as well as those with a hematocrit above twenty when clinically indicated) will be transferred to an appropriate medical facility for the purpose of receiving transfusions, unless medically contraindicated or the patient refuses transfer.
VIII. HEALTH CARE RECORDS OF HIV–INFECTED INMATES. 43. A uniform, statewide recordkeeping system for maintaining the information about the medical and mental health status of HIV-infected inmates shall be implemented within 120 days of judicial approval of this Judgment.

44. During the comprehensive, HIV-related health examination, each HIV-infected inmate shall be questioned regarding his/her prior health care providers, and asked to sign Medical and Mental Health Release Forms to obtain all prior medical and mental health records (unless already in DOC possession). Any refusals to sign such release forms shall be recorded in the inmate’s health care record. DOC shall request all health care records from the appropriate health care providers within two working days of the inmate signing the release. If there has been no response to a request for records within two weeks, a followup request shall be sent.
45. The medical records of an HIV-infected inmate shall, at a minimum, include:
a. past DOC medical records and those records obtained pursuant to § VIII.44.
b. all inmate health screening forms, documentation pertaining to the comprehensive health examination(s) (including results of intake laboratory tests) and documentation pertaining to any assessment(s) by the Infectious Disease Specialist.
c. current medication records and records of all HIV-related medications and medication allergies.
d. records of any in-patient treatment within DOC, or in community hospitals (to the extent such records have been provided to DOC).
e. reports from all consultants (including the Infectious Disease Specialist).
f. copies of all signed Release of Information forms.
g. the HIV Health Care Summary, Flow Sheet and Treatment Plan (Forms A–C).
h. copies of all W–10s (Form D) and Termination/Transfer Forms (Form E) and any other discharge summaries.
i. a substantive record of all contacts with medical staff as recorded in progress notes.
46. To ensure that an HIV-infected inmate’s current and past medical problems, treatment status, and medication status can be accurately determined, entries (including out-patient clinic and doctor’s notes) in DOC medical records pertaining to treatment provided while in DOC custody on an outpatient basis (whether scheduled or sick
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In re Connecticut Prison Overcrowding and Aids Cases, Not Reported in F.Supp. (1990)

call) shall include the date of visit and year, purpose of visit and chief complaint, examinations and tests performed, diagnosis, and disposition.
47. DOC shall expand its efforts to increase the number of health care providers at each DOC facility who are fluent in Spanish. These efforts shall include attempting to recruit trained bilingual medical staff (e.g. from Puerto Rico) and offering interested current medical staff Spanish-language tapes.
*15 48. DOC health care staff shall neither examine and question an HIV-infected inmate about HIV-related issues nor discuss the HIV-related health care status of that HIV-infected inmate, without his/her consent, while in the presence or earshot of other inmates, non-medical DOC staff, or other persons who are not DOC health care staff, except to the limited extent currently permitted by P.A. 89–246.
49. Unsealed medical and mental health files of an HIV-infected inmate shall be available only to the DOC medical and mental health staff directly responsible for providing care to that inmate or to a consulting specialist or outside medical provider to whom the inmate is referred for medical/mental health treatment or evaluation, absent the inmate’s informed written consent for disclosure of HIV-related records to a specifically-identified individual. The foregoing provision shall not limit access to such files to attorneys for DOC, plaintiffs’ counsel, and any Monitoring Panels or quality assurance staff established by this Judgment for the purposes of monitoring compliance with this Judgment and assessing the adequacy of the care being provided by DOC, or anyone else authorized under P.A. 89–246 to review such records. Neither non-medical DOC staff nor inmates, whether they work in the infirmary or not, shall have an opportunity to read any part of the contents of an HIV-infected inmate’s medical and mental health record which identifies the inmate as being HIV-infected absent the inmate’s informed written consent (except to the extent permitted by P.A. 89–246). It is understood that there may be certain documents in an inmate’s central file which may contain information pertaining to medical and mental health issues about that inmate, however such documents shall not include any confidential HIV-related information as said term is defined in P.A. 89–246.
50. All DOC employees shall receive periodic training as to their obligations, under P.A. 89–246 and the DOC Administrative Directive on AIDS, to maintain the confidentiality of any HIV-infected inmate’s condition.
51. The medical and mental health records of an inmate

transferred from one DOC facility to another shall accompany that inmate, together with his/her master institutional file. The medical and mental health files shall be sealed by the medical/mental health unit staff before being delivered to the correctional staff responsible for making inmate transfers. Each DOC facility transferring an inmate to another DOC facility shall ensure that the inmate’s health care records are transferred simultaneously with the inmate. The Warden of each DOC facility shall designate staff on each shift who shall be responsible for ensuring that this simultaneous transfer of inmate health records occurs and who shall have access to such records to accomplish this end, provided that non-medical personnel shall not be permitted to look into any inmate’s health records, except when necessary for the limited purpose of identifying the file as that which pertains to the inmate being transferred in instances in which there is a reasonable basis for an error in this regard. Should said non-medical personnel thereupon become aware of confidential HIV-related information about an inmate, as said term is defined in P.A. 89–246, s/he shall be bound by the nonredisclosure provisions of said Act. In the extraordinary circumstance that an inmate’s health care records are not transferred together with the inmate: a) the inmate’s HIV Health Care Summary, Flow Sheet and Treatment Plan (Forms A–C) shall be faxed (on the next shift health care staff are on duty and in confidence) to the fax machine in the medical unit at the receiving facility; b) the sending facility medical staff shall make telephone contact with the receiving facility medical staff to transmit necessary information about that inmate’s care; and c) the health care records shall be delivered to the receiving facility within three to seven days.
*16 52. DOC shall institute a system to ensure that the DOC HIV–Treatment Plan, Health Care Summary, Flow Sheet, and the Progress Notes of any inmate who is released from a DOC facility or transferred to community status are not transferred to a parole office, but are maintained within the releasing DOC facility and/or DOC’s Central Office Health Services Office. Whenever an HIV-infected inmate is then readmitted to a DOC facility, the inmate’s health care records shall be transported to the medical unit of the facility to which she/he has been readmitted within three to seven days of the new admission. In those instances in which the health care records do not arrive at the inmate’s facility within forty-eight hours of his/her admission, the receiving facility shall promptly contact the DOC Health Services Office and/or the facility in which the inmate was last confined and request all relevant HIV-related medical information maintained by that office and/or facility about that inmate. Such information shall thereafter be faxed by
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In re Connecticut Prison Overcrowding and Aids Cases, Not Reported in F.Supp. (1990)

the DOC Health Services Office or facility to the receiving facility within one business day of the request.
53. All lab work, procedures, and tests performed on an HIV-infected inmate shall be recorded in the inmate’s medical record, and as appropriate on the HIV Health Care Summary, Flow Sheet and Treatment Plan Forms. Medications ordered also shall be included and maintained in the medical chart and the medications prescribed and administered reflected on the Treatment Plan and Flow Sheet Forms. The Infectious Disease Specialist shall review, at the appropriate and medically-indicated frequencies, the reports of HIV-related lab work, procedures and tests and shall document his/her impressions regarding the results and subsequent course of treatment. Unless medically contraindicated, inmates shall be informed within three business days of the results of abnormal lab work and/or tests, and their significance, provided that in the case that there are test results indicating major abnormalities in renal, liver or kidney function, major electrolyte disturbance, and/or culture results which require immediate institution of antibiotic therapy, the inmate shall be notified within twenty-four hours of DOC’s receipt of the test result, unless medically contraindicated.
IX. PRESCRIPTION AND ADMINISTRATION OF MEDICATIONS FOR HIV–INFECTED INMATES. 54. Other than “over-the-counter” medications, medications shall be administered to HIV-infected inmates only by a physician, physician assistant, registered nurse, licensed practical nurse, or other medical staff who have completed the DOC medication training curricula and who otherwise meet state statutory requirements for administration of medication within a DOC facility.
55. The inmate’s medical records shall be maintained in such a way that it can be determined what drugs have been ordered for an inmate, by whom, for what purpose, when and in what manner they have been administered and/or offered and refused, the inmate’s subjective symptoms or complaints, and any adverse reaction (or lack of response) to the medication.
*17 56. Patient drug profiles and medication administration records shall be maintained for so long as medication is being dispensed and, when not active, shall be kept in the inmate’s medical record.
57. No prescription medication may be administered to an HIV-infected inmate without a physician’s order. If a physician is not present at the DOC facility, a registered

nurse, LPN, or medic (but only if no RN or LPN is on duty), may relay information to the physician by telephone regarding the inmate’s symptoms and condition. If medication is consequently initiated, or changed, by a physician by telephone, a physician must sign the telephone order recorded by the registered nurse, LPN, or medic on the physician’s next working day, but in no event later than forty-eight hours after the verbal order. Telephone orders may not be used to initiate AZT and other medications with potentially deleterious side effects for HIV-infected inmates, except when the inmate arrives in custody while currently receiving such medication (as evidenced either by the inmate’s possession of the medication itself or by a current prescription).
58. An HIV-infected inmate shall not be barred from receiving medication solely by reason of the inmate being unavailable to request and/or obtain the medication at the specified time. Only a member of the medical staff may make the necessary medication dosage adjustments due to a delay in the administration of such medications.
X. EMERGENCY KITS 59. The defendant Commissioner shall secure for each DOC facility a standard emergency response kit, which shall include the items described in the attached Exhibit “1”, and shall ensure that all standard updates to the kits are secured in a timely manner. The kits shall be readily available to medical staff but not to inmates, i.e., they must be stored in a locked room or area. Emergency drug cassettes in the kit, as well as other kit contents, shall be inspected after each use of the kit, and at least monthly by medical staff, to remove deteriorated and outdated drugs and to ensure the completeness of the kit’s contents. A list of the kit’s contents, and instructions for use as deemed appropriate by the DOC Medical Director, shall be kept in close proximity to the kit.
60. Medical staff shall be appropriately trained in the use of the kits and their contents.
XI. DIET FOR HIV–INFECTED INMATES. 61. A nutritional assessment shall be part of the initial comprehensive health assessment specified herein in Section IV.B., supra. All appropriate orders to implement any special dietary plan for the HIV-infected inmate shall be signed by the physician, placed in the inmate’s medical record, and transmitted to the kitchen staff. DOC staff shall refer all inmate complaints of noncompliance with special dietary orders to the kitchen staff. Facility kitchen
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In re Connecticut Prison Overcrowding and Aids Cases, Not Reported in F.Supp. (1990)

staff shall investigate all such complaints and act promptly to remedy any noncompliance. Complaints about noncompliance about which medical staff becomes aware shall be noted by such staff in the inmate’s medical record.
*18 62. Monitoring for special nutritional and dietary needs shall be incorporated in the regular follow-up examinations of each HIV–infected inmate, as specified in § IV.C.25.d and 25.p., supra. As a part of these regular follow-up examinations, the inmate’s weight shall be measured, the inmate shall be asked about any loss of appetite and any other change in status which alters the inmate’s ability to eat.
63. Medical staff shall inform all HIV-infected inmates (orally and/or in writing) about the importance of a balanced diet and provide them with information about basic nutrition and weight maintenance.
64. If any member of the medical staff learns that an HIV-infected inmate has failed to eat three successive meals for whatever reason, that fact shall be noted in the inmate’s medical record and brought to the attention of the physician of the facility and, when medically necessary in the judgment of that physician, the Infectious Disease Specialist.
65. HIV-infected inmates shall be provided with a daily multivitamin pill if medically-indicated.
66. If an HIV-infected inmate develops wasting syndrome or experiences an unintended weight loss of 10% of body weight or more within six months or less, his/her weight shall be monitored with increased frequency and s/he shall be provided with high caloric dietary supplements to the regular institutional diet, if medically necessary, such as two to three cans of Ensure, Sustacal or comparable supplements.
67. Whenever nutritional supplements and multivitamins have been specially selected to meet the individualized dietary needs of an HIV-infected inmate, they shall be distributed and administered in such a manner as to ensure that the inmate receives such supplements and vitamins. Where determined to be appropriate by the facility physician and/or Infectious Disease Specialist, inmates may be provided with multiple doses of such supplements and/or vitamins for self-administration.
68. If DOC medical staff become aware, through inmate report or a report on an inmate’s behalf by non-medical staff, that an HIV-infected inmate is experiencing vomiting and/or diarrhea, that inmate shall be evaluated

by medical staff within twenty-four hours of the report to determine the cause of the condition and to make any appropriate adjustments in the inmate’s diet. If serious vomiting and/or diarrhea persists for more than three days, notwithstanding the change in diet, a referral shall be made to the physician on call or the Infectious Disease Specialist to be examined at the next regularly scheduled visit, or sooner if medically-necessary.
69. Regardless of the manner in which food is delivered to inmates within an particular DOC facility, DOC shall ensure that specialized diets (including low fat, low fiber, bland, diabetic, soft) are made available to all inmates for whom they are ordered, including, as needed, nutritionally-equivalent substitutions for those items in the standard inmate diet which are not permitted in any particular specialized diet.
XII. MENTAL HEALTH CARE FOR HIV–INFECTED INMATES. *19 70. All HIV-infected inmates shall be made aware of the availability of mental health services by DOC staff, including those persons who do HIV test counselling, and, upon request, shall be referred to a mental health staff person for further assessment. Mental health services shall be offered to all HIV-infected inmates, who, following assessment by DOC mental health professionals (psychiatrists, psychologists, correctional psychiatric treatment workers and psychiatric nurses) are determined to be in need of such services. HIV-related mental health services shall be provided only by appropriate mental health staff who possess that level of professional training and competence which meets the particular inmate’s need for treatment (including psychiatrists, psychologists, Correctional Psychiatric Treatment Workers, psychiatric nurse practitioners, psychiatric nurses, Correctional Treatment Officers, thanatologists, recreation therapists and/or supervised and trained volunteers). A designated facility mental health coordinator shall assign appropriately trained staff to all referrals.
71. The initial comprehensive health history and physical examination of an HIV-infected inmate shall include a basic neurological examination and mental status examination as required in § IV.B.17, supra, and the findings shall be noted on the examination forms. The medical staff person conducting the comprehensive health history and physical examination shall encourage the inmate to be seen by facility mental health staff for further mental health assessment if such referral is deemed medically necessary. Upon receipt of a referral for mental health assessment, a member of the mental health staff expressly authorized by § XII.70, supra to perform such
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In re Connecticut Prison Overcrowding and Aids Cases, Not Reported in F.Supp. (1990)

assessment shall conduct the assessment within five business days of the referral. In the event of any emergency, on-call mental health services shall be available at all times.
72. An individualized written mental health treatment plan shall be developed for each HIV-infected inmate who, after assessment, is determined to be in need of ongoing mental health care. This treatment plan shall be reviewed, approved, and signed by the facility mental health coordinator. The plan shall be reviewed and updated on a regular basis. It shall be maintained as part of the inmate’s mental health record.
73. The protocols for the general components of the mental health assessments and mental health treatment plans used with HIV-infected inmates shall be as set forth in Forms F–G, attached hereto and incorporated herein.
74. Mental health staff treating an HIV-infected inmate shall document his/her findings and assessment in the inmate’s mental health record, which shall be maintained in such a way as to protect the confidentiality of the records and as is consistent with the requirements of Conn.Gen.Stat. §§ 52–146d to 52–146i. All findings relevant to the inmate’s medical care shall be reported promptly to the responsible facility physician and, when medically-indicated, to the Infectious Disease Specialist.
*20 75. At least every two weeks, mental health staff for each DOC facility shall review with facility medical staff the status of HIV-infected inmates receiving on-going mental health treatment to ensure the coordination of medical/mental health treatment. A notation that the review took place along with a listing of any recommendations resulting from the review shall be entered in the inmate’s medical and mental health files.
76. The DOC has permitted some HIV-infected inmates to participate in HIV support groups in certain facilities. The decision whether and to what extent to permit inmates to participate in such groups depends upon several factors, including the number of inmates requesting participation, the size of the facility, the space limitations of the facility, classification status of the inmate, security concerns of the facility, availability of staff to monitor the meetings, frequency of the meetings, behavior of inmates at the meetings, etc. The DOC will continue to try and accommodate requests for participation in HIV-support groups whenever it is practical to do so upon consideration of the many factors involved. HIV-infected inmates shall be advised of the existence of any and all peer support groups within their facility and how to become a part of them. The time and

place of any support group’s meetings shall be set in such a manner as to protect the privacy rights of the inmates involved in the group.
77. Each HIV-infected inmate shall be assessed for the presence of AIDS dementia at the time of each follow-up health status examination, see § IV.C.25., supra.
XIII. DENTAL CARE FOR HIV–INFECTED INMATES. 78. Dental staff in each DOC institution shall follow universal infection control procedures for all inmates. These procedures shall be consistent with the current infection control procedures for dental treatment established by the CDC, the American Dental Association, and/or the National Institute for Dental Health. There shall be no postponement or delay of dental appointments for HIV-infected inmates solely in order to fulfill special infection control procedures, though appointments may be delayed for valid medical reasons.
79. If the initial health screening and/or comprehensive health examination reveal that an HIV-infected inmate has a painful severe dental condition, including extensive dental caries, severe periodontal disease and/or dental abscess, that inmate shall be referred to and examined by the facility dentist within seventy-two hours. If this screening and/or examination reveal such a condition but the inmate is not experiencing pain, the inmate shall be referred to and examined by the facility dentist within one week, unless a sooner consultation is medically-necessary. In all other cases, the dentist assigned to each DOC facility shall, within ten weeks of an HIV-infected inmate’s admission and/or diagnosis of HIV infection, examine that inmate. The dentist’s examination of the inmate’s hard and soft tissues shall include charting the status of each tooth and recording any restorations or dental caries, examining periodontal conditions, looking for abnormalities indicative of HIV infection (e.g. oral hairy leukoplakia, candida, oral ulcers, oral Kaposi’s Sarcoma, and progressive periodontal disease), and conducting panoramic and individual film x-ray examinations as needed.
*21 80. At the conclusion of the dental examination, the dentist shall devise a dental treatment plan for each HIV-infected inmate. The timing of subsequent visits to the dentist shall be determined by that plan. In addition, each HIV-infected inmate with an HIV-related oral condition which is more appropriately treated by the Infectious Disease Specialist shall immediately be referred to him/her, to be seen at the next regularly scheduled Clinic, or earlier if medically appropriate.
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In re Connecticut Prison Overcrowding and Aids Cases, Not Reported in F.Supp. (1990)

81. A platelet count shall be obtained before tooth extraction, periodontal curettage or surgery and biopsy on HIV-infected inmates. HIV-infected inmates upon whom oral surgery is performed shall be instructed on how to handle the gauze used to stop bleeding to avert transmission of the virus. When feasible, the inmate shall be held in the medical unit until the wound(s) stop bleeding.
XIV. EYE CARE FOR HIV–INFECTED INMATES. 82. HIV-infected inmates for whom chorioretinitis and/or other HIV-related ophthalmologic complications (e.g. cotton wool spots, CMV retinitis) are suspected shall immediately be referred for an opthalmology consultation and, if confirmed, shall be provided with treatment (including gancyclovir therapy for retinitis) in accordance with current professional standards for persons with similar ophthalmological complications related to HIV-disease within seven days, or earlier if medically-necessary.
XV. ADDITIONAL CRITERIA FOR THE CARE OF HIV–INFECTED WOMEN. 83. HIV-infected female inmates shall be provided with a PAP smear at least once a year. Any abnormal PAP smears shall be investigated aggressively, including with cervical biopsy and appropriate therapy.
84. Cultures for gonorrhea and serology for syphilis shall be taken at the comprehensive health examination, and syphilis serology annually thereafter.
85. HIV-infected inmates who are pregnant shall have absolute CD4 cell counts each trimester. If the absolute count falls to a range associated with a substantial risk of opportunistic infection, consultation shall be obtained and professionally-accepted treatments provided as needed. Gonorrhea cultures and chlamydia antigen tests shall be obtained and syphilis serologies drawn in the first and third trimesters of pregnancy for an HIV-infected inmate. Serologic tests for HBsAg shall be obtained no less than once during the pregnancy. If syphilis is diagnosed, treatment shall be provided consistent with professionally-accepted standards of therapy for HIV-infected pregnant women. Mycobacterium tuberculosis shall be ruled out.
86. HIV-infected pregnant inmates shall be advised of the risk that the fetus may be infected, of the current CDC guidelines regarding breast feeding, and of their rights

under P.A. 90–113.
87. HIV-infected inmates shall be advised as a part of any family planning discussion that the intrauterine device is contraindicated and that the latex condom, in conjunction with nonoxyl–9, if used routinely and properly, combines effective contraception with protection against transmission of HIV disease to sexual partners.
XVI. DISCHARGE PLANNING. *22 88. When release or community transfer planning commences for an inmate, the inmate’s counsellor shall notify facility medical staff of the anticipated release or transfer date.
89. Facility medical staff shall prepare a Discharge Packet for each HIV-infected inmate who has a medical complication requiring ongoing medical care or follow-up which shall include a copy of the Inter–Agency Patient Referral Report Form (“W10”) (Form D), the Termination/Transfer Summary Form (Form E) and the Authorization for Release of Information Form (Form H). The information which is provided in this Discharge Packet includes all current diagnoses, current problems, the treatments which have been provided and the inmate’s response to treatment, complications noted, allergies noted, description of condition on discharge, and any followup instructions.
90. If given at least five to ten days notice of the inmate’s discharge from a DOC institution, facility medical staff will schedule an exit interview with any HIV-infected inmates who have a medical condition requiring ongoing medical care or follow-up to discuss health maintenance, complete the Discharge Packet forms and inform the inmate where outside health care can be obtained and how to arrange for it. The name, address, and telephone number of appropriate outside health care providers will be included on the W10 form, and the inmate will be instructed to contact the appropriate community provider upon his/her release.
91. At the time an inmate is discharged from a DOC institution, a copy of the complete Discharge Packet forms will be placed in the inmate’s medical file, a copy shall be offered to the inmate, and a copy shall be forwarded to the DOC Director of Community Health Services. If the inmate gives appropriate authorization, a copy shall be sent to the inmate’s outside medical provider.
92. If an HIV-infected inmate is on prescribed medication(s), the remaining portion of the prescription,
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In re Connecticut Prison Overcrowding and Aids Cases, Not Reported in F.Supp. (1990)

up to a fourteen day supply, will be dispensed to the inmate at the time of discharge from a DOC institution. The inmate will be encouraged to apply immediately for any appropriate medical benefits available in the community.
93. If the facility medical staff believe that an HIV-infected inmate will require home health care upon discharge, the local Visiting Nurse Association or community home care agency will be listed on the W10 form. In such cases, with the inmate’s authorization, the DOC medical staff will notify the agency of the inmate’s discharge and provide the agency with a copy of the Discharge Packet forms.
94. When the inmate authorizes release of HIV related information to his/her family and the inmate’s medical condition upon discharge requires family involvement, the DOC medical staff shall make reasonable efforts to make contact with the inmate’s family to assist in the discharge planning process.
95. In the event that an HIV-infected inmate who has a medical condition requiring ongoing medical care or followup is discharged from a DOC institution with less than five to ten days notice to DOC medical staff, the facility medical staff shall be notified of the inmate’s discharge within two business days of the discharge. In such cases, the facility medical staff shall complete the Discharge Packet forms and forward them to the DOC Director of Community Health Services within two days of the date they were notified of the inmate’s discharge. The DOC Community Health Services staff shall make all reasonable efforts to contact the inmate to discuss health maintenance, inform the inmate where outside health care can be obtained and offer the inmate a copy of the Discharge Packet forms and the inmate’s HIV treatment plan.
*23 96. The provisions of this Section XVI do not apply to pretrial detainees, with the very limited exception that those persons confined within DOC as detainees for a sufficient period of time to complete the HIV assessment and receive an HIV treatment plan shall be mailed or otherwise provided with, upon their request and within three business days of it, a completed W10 and a copy of their HIV treatment plan.
97. When an HIV-infected inmate’s medical condition renders him/her unable to participate in medical discharge planning, facility medical staff shall arrange an initial medical consultation in the community and notify the inmate (and, with his/her authorization, notify his/her family) of the time and place of said consultation.

98. Medical providers supplying health care to HIV-infected persons who have been in DOC custody shall be provided with copies of those portions of the DOC health care records which they request of DOC within seven working days of the providers’ request, provided that the inmate has signed an appropriate release of information form.
99. Upon diagnosis of HIV disease within DOC, an inmate shall be offered a list of community resources for HIV-infected persons so that the inmate may initiate contact with them in anticipation of his/her release.
XVII. HOUSING OF SYMPTOMATIC HIV–INFECTED INMATES.
A. Chronic Care Ward at Connecticut Correctional Institution at Niantic. 100. Female HIV-infected inmates, including those currently housed at the Connecticut Correctional Center at Niantic, who are experiencing a level of chronic disease which requires continuous medical observation, supervision, and/or care which, if they were male inmates, would warrant their being housed in the Chronic Care Ward at the Connecticut Correctional Institution at Somers (or a like facility), shall be provided—either within the medical unit at CCIN or any other woman’s DOC facility or at an outside in-patient facility—with health care comparable in its quality to that now provided to male inmates with comparable medical conditions housed on Somers’ Chronic Care Ward as a result of the Consent Judgment entered in Smith v. Meachum, Civ. No. H87–221 (JAC). The term “health care of comparable quality” as used in this section shall not be interpreted to require identical medical charting procedures for male and female inmates.
B. Skilled Nursing Facility and Health Related Facility Beds. 101. In the event that the Connecticut Department of Health Services or any other state agency should conduct a study to determine the Skilled Nursing Facility and/or hospice bed needs of HIV-infected persons in the State of Connecticut, DOC agrees to cooperate with such a study so that the needs of the DOC inmate population can be included in projections regarding the need for skilled nursing facility beds and/or hospice beds.
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In re Connecticut Prison Overcrowding and Aids Cases, Not Reported in F.Supp. (1990)

C. Medical Unit Beds. 102. HIV-infected inmates shall be housed in a setting which meets their medical needs. For example, if inmates with HIV-infection do not require hospitalization but require frequent observation by a RN and/or are unable to walk to meals, they shall be housed, depending on their level of medical need, in an infirmary setting which meets the standards established by DOC for Transitional Units or Infirmary I, in its April 1989 “Proposal for the Reorganization of Health Services Within the DOC.” Receipt of AZT and other HIV-related medications is not sufficient cause alone for placement in a facility infirmary/medical unit. The numbers of inmates in the facility’s infirmary/medical unit shall not be so numerous as to compromise the medical care provided to the HIV-infected inmates housed therein.
*24 103. HIV-infected inmates housed in an infirmary setting shall be visited by the facility physician three to four times each week, or more frequently if medically-indicated, for an interval history and examination and, when needed, for ordering additional laboratory tests and changes in medication. The physician shall write a note about each visit in the inmate’s medical record.
104. HIV-infected inmates housed in an infirmary setting shall be visited no less than once each shift by nursing staff, who, if the inmate is awake, shall take the inmate’s vital signs and speak with the inmate about the inmate’s condition. Appropriate notes shall be made in the inmate’s medical record.
105. HIV-infected inmates housed in an infirmary setting shall be examined by the Infectious Disease Specialist weekly, or more frequently if medically-indicated. Appropriate notes shall be made in the inmate’s medical record regarding the examination.
106. A call button system (or alternative, comparably effective device or procedure for notifying medical staff of the need for care) shall be implemented in all medical unit/infirmary rooms in which symptomatic HIV-infected inmates are housed. When the patient is non-ambulatory, access to the call button or alternative system shall be provided. Nothing in this paragraph shall be construed as prohibiting the restriction or removal of the call button for individual security reasons or because of misuse by the inmate, provided that if the call button is removed or restricted, an alternative, comparable means of access to medical care shall be provided to the inmate.
107. HIV-infected inmates who are in respiratory distress, but not in need of in-patient hospitalization in a

community hospital, shall be housed in an appropriate room or facility, where the temperature can be maintained at between sixty-eight and eighty degrees Fahrenheit. Temperature charts shall be maintained daily for this room or facility.
108. Non-ambulatory HIV-infected inmates will be provided access to the visiting area by wheelchair or stretcher or allowed visitation in a private room.
109. HIV-infected inmates housed in an infirmary/medical unit shall be afforded opportunities for visitation, institutional programs, and activities comparable to that afforded to other inmates in the same infirmary/medical unit, unless participation is contraindicated for medical reasons or for legitimate security concerns unrelated to HIV status. Restrictions on participation in visitation programs and other activities may not be based solely on the fact that an inmate is HIV-infected or on unfounded fears of transmission of HIV among other inmates.
XVIII. STAFF EDUCATION. 110. The Department of Correction will provide to all of its employees a minimum of one hour of training annually on HIV-related subjects. This training will be provided by health services personnel or by others (teachers, counselors, training officers, etc.) with specific training in HIV-related subjects. This training will be reviewed no less than annually and revisions will be made as appropriate based on new medical and epidemiological information. Additionally, the basic orientation training for correctional officers and correctional treatment officers who are not responsible for providing mental health care will address at least the following issues:
*25 a. a description of the various health and counseling services available for HIV-infected inmates at the facility and in the community;
b. a summary of information needed to access services in the facility;
c. what HIV is, and how it is and is not transmitted;
d. the various diseases, infections, and physical and behavioral conditions for which HIV-infected persons are at increased risk;
e. a description of the HIV antibody test and its limitations;
f. infection control practices, including the use of
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In re Connecticut Prison Overcrowding and Aids Cases, Not Reported in F.Supp. (1990)

mouthpieces for CPR;
g. the need to avoid disclosure of confidential HIV related information as required by Public Act 89–246.
111. All medical and mental health staff (including correctional treatment officers providing mental health services) in DOC facilities shall receive in-service training for at least six hours every year regarding medical/mental health issues affecting HIV-infected inmates. The term “in-service training” as used herein shall not be construed to include training provided through staff meetings and supervision. This training shall be designed to update and supplement the prior training and experience of DOC medical and mental health staff persons and will include new medical and mental health information in the areas of cause, symptoms, assessments, treatments, nutrition, etc. These training sessions shall be conducted by persons with particular experience and/or training in the management of HIV-disease including physicians, RNs, psychologists, psychiatrists, social workers, nutritionists, etc. Further supplementary training shall be conducted whenever it is deemed necessary by the DOC Director of Health Services. The provisions of this section do not apply to medical and mental health professionals under contract with DOC to provide specialized services (e.g. radiology, surgery, neurology, etc) to the inmate population.
112. Newly hired medical and mental health staff shall be provided with eight hours of introductory training on the medical and mental health implications of HIV disease and the requirements of this Judgment to ensure that they possess an understanding of the disease, its manifestations, and medically-appropriate responses to it. Depending upon the immediacy of the medical staffing needs of a particular facility, DOC shall make its best efforts to complete this training within two months of the date of hire, but in no event shall training be completed later than four months after the date of hire.
113. DOC shall maintain a record of compliance with the training requirements of this Judgment which shall document, for each member of the DOC staff, the date and number of hours of HIV-related training, the subject of the training and the name of trainer. These training records shall be available for review by plaintiffs’ counsel and the Agreement Monitoring Panel.
XIX. STAFFING 114. The Department of Correction shall make good faith efforts to provide for one or more Infectious Disease Specialists to be available “on call” for twenty-four hour

telephone consultation. The DOC shall maintain sufficient medical and mental health staff (including Infectious Disease Specialists as defined in II.A, supra ) to carry out all of the provisions of this Judgment.
XX. QUALITY ASSURANCE *26 115. Within three months after judicial approval of this Consent Judgment, the Director of Health Services of DOC shall designate a medical department staff member and a mental health department staff member as a Quality Assurance Unit to implement an Infectious Disease Quality Assurance Program. These staff persons will have training and experience in the management of HIV disease and receive special training on the requirements of this Judgment. The Quality Assurance Program will include a random review of the health care records of HIV-infected inmates, a review of the Medical Incident Report (Form I) and Mortality Review Form (Form K) for HIV-infected inmates, and site visits in order to ensure that the medical and mental health care provided to HIV-infected inmates is adequate. The Program shall conduct focused, outcome-oriented longitudinal reviews, using appropriate samplings of inmate records, regarding specific disease complications of AIDS, such as, but not limited to, reviews of the length of time inmates remain alive after diagnosis and the treatment outcomes of inmates who have HIV-related opportunistic infections.
116. The Quality Assurance Unit will randomly select and review each month the medical/mental health records of no fewer than thirty HIV-infected inmates, pursuant to the criteria enumerated in a Comprehensive Chart Review Screening Criteria Form (Form L). The Comprehensive Chart Review Screening Criteria Form shall be developed by the DOC Director of Health Services within thirty days of the approval of this Judgment, submitted to plaintiffs’ counsel for review and comment, and thereafter implemented within thirty days and made a part of this Judgment as Form L. The Comprehensive Chart Review Screening Criteria Form will be dated and signed by the medical and mental health members of the Quality Assurance Unit upon their completion of the review of each set of records.
117. The members of the Quality Assurance Unit shall schedule their site visits to assure that each facility is visited at least once every three months. The site visits shall include the record review specified in § XX.116, supra and a review of the tickler system specified in § V.30, supra.
118. Either or both members of the Quality Assurance Unit shall discuss any problems or inadequacies noted
22

In re Connecticut Prison Overcrowding and Aids Cases, Not Reported in F.Supp. (1990)

during the course of these site visits and record reviews with the medical/mental health department staff members involved, and shall devise a plan of correction, which may include referral of the issue to the DOC Director of Health Services.
119. The Director of Health Services of DOC shall complete a Mortality Review Form, attached hereto as Form K, whenever an HIV-infected inmate dies while in the custody of DOC, either in a DOC correctional facility or at an outside hospital. This review shall be based on the DOC health care records as well as on available hospital medical records. The Director of Health Services may consult with members of the facility’s medical or mental health staff, if necessary, and shall make specific comments and document all action taken on the form. The Director of Health Services shall discuss any problems noted with appropriate staff members.
*27 120. A Medical Incident Report Form, attached hereto as Form I, shall be completed by each medical department staff person involved in or witnessing an incident of omission or commission which results in the administration of health care that deviates in any way from the accepted professional standards of care required for HIV-infected inmates. The Medical Incident Report shall be signed by the person preparing the report, and shall be sent to the Medical Director of the facility. Action taken in response to the incident shall be documented and retained, as well as documentation regarding any follow-up indicated by the Medical Director. The Medical Director shall review each report, and when indicated, will fill out the Follow-up to Medical Incident Report, attached hereto as Form J.
122. The Mortality Review Forms shall be retained by the Director of Health Services for DOC. The Medical Incident Report Forms shall be retained by the medical directors of the various DOC facilities. The Comprehensive Chart Review Screening Criteria Forms shall be retained by the Quality Assurance Unit.
XXI. CONFIDENTIALITY 123. DOC staff, and inmates whose job responsibilities potentially expose them to HIV-infection, shall follow universal blood and body fluid precaution standards as established by the DOHS, CDC, and the Occupational Safety and Health Administration (OSHA), and shall be provided with all necessary materials to do so.
124. DOC staff shall conform their conduct to the various requirements of P.A. 89–246, including its non-disclosure provisions. In the event that Public Act 89–246 is

repealed or amended, the plaintiffs shall be permitted, as a part of this action, to challenge whatever actions DOC staff might take in response to such repeal or amendment.
XXII. MONITORING OF CONSENT JUDGMENT 125. An Agreement Monitoring Panel (“AMP”) shall be established to monitor the provisions of this Consent Judgment.
126. The AMP shall consist of three persons who shall be appointed by the Court within three weeks of judicial approval of this Judgment: a physician with an expertise in infectious disease chosen by the defendants, a physician with an expertise in infectious disease chosen by the plaintiffs, and a mental health expert with experience with HIV-infection chosen by a consensus of those persons already selected. Should one or more of the originally-designated members of the AMP be unable to serve the full duration of the AMP, replacements shall be made in the same manner as the original members were chosen. Either party may replace its AMP member with judicial approval.
127. The members of the AMP shall submit on a monthly basis to defendants’ counsel (with a copy to plaintiffs’ counsel) their requests for payment of fees and expenses incurred in monitoring this Consent Judgment. Defendants’ counsel shall review said requests within ten days of receipt and promptly submit an Order for Payment of all non-disputed portions of the requests to the Court. The members of the AMP shall be paid by the State of Connecticut for all non-disputed portions of their request for payment within thirty days of their receipt of the Court Order. Disputed portions of any requests shall be referred to the Court for resolution in whatever fashion the Court deems appropriate. The fee shall not exceed $20,000.00 per panel member per year for any and all services rendered, excepting for any payments which may be ordered by the Court for services rendered for their participation in contempt and other proceedings related to non-compliance. The hourly rate of each member of the AMP shall be reasonable and set by a separate Court Order. The expenses incurred by the AMP shall be only those reasonably necessary to carry out their functions under this Judgment. If the Panel remains in operation for longer than three years, Panel members shall be permitted to make application to the Court for an appropriate cost of living increase in the fees awarded. Defendants agree to represent and to hold harmless to the same extent as State employees the members of the AMP in any litigation initiated by third parties involving the AMP in its performance of its duties under this Judgment.
23

In re Connecticut Prison Overcrowding and Aids Cases, Not Reported in F.Supp. (1990)

*28 128. The AMP shall devise procedures for the monitoring of this Judgment which shall include on-site inspections of the facilities. Defendant’s representative may, at his election, give two days prior notice to defendants of any intended inspection. During their inspections, the panel shall have access to all medical and mental health records of HIV-infected inmates, including, without limitation, such records when obtained from third parties such as outside hospital records. All quality assurance forms specified in this Judgment shall be made available.
129. The AMP shall provide its first monitoring report four months after judicial approval of this Consent Judgment. The second and third reports shall be provided four and eight months later, respectively. In the second year of the Judgment, the AMP shall provide a monitoring report every six months, and in subsequent years once yearly on the anniversary date of the approval of the Judgment. AMP monitoring reports shall be provided to the Commissioner of DOC, counsel for the parties, and the Court. In preparing for these reports, the members of the AMP shall conduct such on-site inspections and review of records as they deem necessary in order to perform their monitoring function.
130. In monitoring this Judgment, the AMP shall focus on patterns of compliance and noncompliance, as well as on individual cases of substantial deviation from the standard of care provided herein.
131. Upon request, the AMP shall have access within two days to all policies, records, procedures and files at each institution relevant to medical and mental health treatment of HIV-infected inmates, as well as access to all staff and consulting physicians with respect to such medical and mental health treatment. During their inspection, the panel shall be permitted to conduct interviews with HIV-infected inmates, provided each inmate consents. The AMP shall be provided with copies of any new and/or revised DOC written protocols and policies pertaining to the delivery of medical and mental health care to HIV-infected inmates.
132. The DOC shall file written compliance reports on the same schedule as the AMP, as set forth in § XXII.129, supra. These written Compliance Reports shall list and include all blank forms and protocols developed pursuant to this Judgment since the preceding such Compliance Report, to the extent they have not already been provided to the AMP under the preceding section. A description of HIV-related activities undertaken by DOC, including staff training, shall also be included in these reports. The first of the reports shall include staffing summaries (name,

position, shifts worked) for DOC’s health care staff who perform tasks under this Judgment and the names, professional degrees and licenses of physicians. These reports shall be provided to the Court and counsel for the parties.
133. Nothing contained in this “Monitoring” section shall be deemed to interfere with or alter any monitoring arrangements made pursuant to judicial rulings or decrees in other actions; rather, these provisions are in addition to any other such monitoring arrangements.
*29 134. When the defendants believe in good faith that they have fully and faithfully implemented the provisions of this Consent Judgment in their entirety and have been in substantial compliance for a period of one year, defendants may move that some or all of the monitoring and reporting requirements of this Judgment be discontinued; provided that no such motion may be filed prior to twenty-four months from the date this Consent Judgment is judicially approved and defendants must give ninety days advance notice of their intention to file such a motion. Discontinuance of the monitoring and reporting requirements of this Judgment will be granted unless, within thirty days after receipt of defendants’ motion, plaintiffs file an objection. If such objection is filed, the Court shall hold a hearing on the motion, and the burden will be on the defendants to demonstrate that they have faithfully implemented all provisions of this Consent Judgment and maintained substantial compliance with them. Nothing in this section shall be construed to preclude the reinstitution of some or all of the monitoring and reporting requirements of this Judgment upon a subsequent showing by plaintiffs of noncompliance with this Judgment and plaintiffs’ counsel shall be allowed to investigate allegations of non-compliance.
XXIII. GENERAL PROVISIONS 135. Should two or more members of the AMP assert a claim of noncompliance with the terms of this Judgment, the AMP shall make a report to the parties concerning the claim(s) of noncompliance and recommendations to remedy it (with, if necessary, a minority report). In the event a dispute should arise concerning compliance with this Judgment and appropriate remedial action which cannot be resolved between the AMP or the parties in a timely fashion, a party may request a status hearing with a Settlement Judge or Magistrate. If neither is available, the Chief Judge shall appoint another Judge or Magistrate to resolve the dispute. If any dispute, issue or matter is not resolved by the Settlement Judge or Magistrate, that issue or matter shall be referred to the Trial Judge for adjudication pursuant to any proceeding which the Trial
24

In re Connecticut Prison Overcrowding and Aids Cases, Not Reported in F.Supp. (1990)

Judge shall deem feasible. At any such proceeding, the members of the AMP may be called as a witness by a party or the Judge.
136. This Consent Judgment satisfies and resolves the claims of the plaintiffs and the plaintiffs’ class for injunctive and declaratory relief in the above-entitled case as of the date of judicial approval of this Consent Judgment. Plaintiffs and members of their class shall be permitted to opt out of the class for purposes of preserving their claims for monetary relief only.
137. The parties recognize that this Consent Judgment does not address future changes in recommendations and standards regarding medical/mental health care for HIV-infected persons. The plaintiffs reserve the right as a part of this litigation to initiate judicial proceedings to alter the provisions of this Judgment in light of such changed recommendations and/or standards for HIV care. Should the plaintiffs at any time initiate such further proceedings seeking to have the defendants comply with what they perceive to be changed accepted professional standards, the burden shall be on the plaintiffs to show that the defendants’ failure to adopt such changes constitutes a violation of the plaintiffs’ constitutional rights. In the event of any such future judicial proceedings, neither party waives their right to appeal any final ruling or order of the Court, nor do plaintiffs waive their right to seek their costs and attorneys’ fees in connection with such proceedings. The plaintiffs shall give the defendants thirty days notice prior to initiating any such proceedings.
*30 138. This Consent Judgment may be modified by the mutual agreement of all parties. The AMP may not, without the express consent of all parties to the Judgment, alter, amend or change the provisions of the Judgment. The Court shall be notified in writing of all such modifications, but need not approve such modifications.
139. The provisions of this Consent Judgment may be suspended or modified in part or in its entirety if the Commissioner, Warden, or person next in command in his/her absence, determines that a “genuine emergency” exists at a specific DOC facility or any portion thereof. Genuine emergency means any special circumstances, or combination thereof, under which it is reasonable to conclude that there is any actual or presumptive threat to (a) either the security and order of the specific DOC facility or any portion thereof, or to (b) the safety of the staff, inmates, or other person within that facility. If a “genuine emergency” lasts longer than twelve hours or recurs once or more in a one week period, defendants shall report to plaintiffs’ counsel, within forty-eight hours

except for good cause, the date of the emergency, the nature of the emergency, and what provisions of the Consent Judgment were suspended and/or modified and how they were suspended and/or modified. Current population levels and population increases alone shall not constitute a “genuine emergency”. Plaintiffs may contest the emergency action by motion for relief directed to the Court.
140. Nothing contained in this Judgment shall be deemed to reduce the requirements and obligations imposed on DOC by the terms of prior judicial rulings, decrees, and consent judgments in other actions.
XXIV. NOTICE TO CLASS 141. Notice to the plaintiff class members of this Consent Judgment shall issue pursuant to the notice provisions approved by the Court, and shall inform plaintiffs and members of their class of their opportunity to opt out for purposes of preserving their claims for damages.
XXV. COSTS AND ATTORNEYS’ FEES 142. Plaintiffs’ counsel shall submit their request for costs and attorneys’ fees within thirty days of the signing of this Judgment. Said request shall not exceed $130,000. Any disputes concerning this request shall be submitted to the Court for a final ruling. Payment of plaintiffs’ request shall constitute full and complete satisfaction of any and all costs, fees and expenses, including experts’ and attorneys’ fees, of any kind up to and including the date of the signing of this Judgment by counsel.
WHEREFORE, in consideration of the foregoing provisions the parties respectfully request that the Court approve and adopt the Consent Judgment as being fair, reasonable, and adequate.
THE DEFENDANTS
Larry Meachum, et al.
By: Larry Meachum, Commissioner
Connecticut Department of Correction 10–31–90
340 Capitol Avenue
Hartford, CT 06106
CLARINE NARDI RIDDLE
25

In re Connecticut Prison Overcrowding and Aids Cases, Not Reported in F.Supp. (1990)

ATTORNEY GENERAL By: Richard Couture *31 Assistant Attorney General MacKenzie Hall 110 Sherman Street Hartford, CT 06105 By: Steven Strom Assistant Attorney General MacKenzie Hall 110 Sherman Street Hartford, CT 06105 THE PLAINTIFFS David Doe, et al. By: Shelley Geballe Connecticut Civil Liberties Union Foundation

32 Grand Street Hartford, CT 06106 By: John L. Pottenger, Jr. Jerome N. Frank Legal Services Organization Box 401–A Yale Station New Haven, CT 06520 By: Martha Stone Connecticut Civil Liberties Union Foundation 32 Grand Street Hartford, CT 06106 Dated at New Haven, Connecticut, this 4th day of December, 1990.
So Ordered and Approved: /s/José A. Cabranes United States District Judge
	  

26

In re Connecticut Prison Overcrowding and Aids Cases, Not Reported in F.Supp. (1990)

	  

HIV-­‐ASSOCIATED	  COMPLETE	  PHYSICAL	  EXAMS	   	  	   	  

FORM	  A	   	  	   	  

	   INMATE	  NAME:	   	.  ................................................................................................................................................................................................................	   	  	   	   INMATE	  NUMBER:	   	.  ...........................................................................................................................................................................................................	   	  	   	   DOB:	   	.  ...............................................................................................................................................................................................................................................	   	  	   	  

	   DATE	  OF	  EACH	  EVALUATION	  WITH	  NAME	  AND	  TITLE	  OF	  CLINICIAN	  RESPONSIBLE	  FOR	   EVALUATION	   	  	   	  

	   1)	 .  ......................................................................................................................................................................................................................................................	   	  	   	   3)	 .  .........................................................................................................................................................................................................................................................	   	  	   	  

	   (NOTE:	  INFECTIOUS	  DISEASE	  SPECIALIST	  SHALL	  PLACE	  HIS/HER	  INITIALS	  AT	  END	  OF	  LINE	   AFTER	  REVIEWING	  THE	  EVALUATION)	   	  	   	   Note:	  if	  no	  abnormality	  is	  noted,	  mark	  0	  in	  box.	  If	  an	  abnormality	  is	  noted,	  briefly	  describe.	   	  	  
27

In re Connecticut Prison Overcrowding and Aids Cases, Not Reported in F.Supp. (1990)

	   	  	   	  

	  

	   	  

	  

	  

	  

	  

	  

A.	   Vital	  Signs	  (give	  figures)	  

	  	   	  	  

	  

	  

	  

	  

	  

	  

	  

____	  Pulse	  

	  	  

	  

	  

	  

____	  Blood	  Pressure	  

	  	  

	  

	  

	  

____	  Respiratory	  Rate	  

	  	  

	  

	  

	  

____	  Weight	  

	  	  

	  

	  

	  

____	  Temperature	  

	  	  

	  

	  

B.	   HEENT	  

	  	   	  	  

	  

	  

	  

	  

	  

	  

	  

Fundoscopic	  

	  	  

	  

	  

C.	   Mouth	  

	  	   	  	  

	  

	  

	  

	  

	  

	  

	  

Oral	  Hairy	  Leukoplakia	  

	  	  

	  

	  

	  

Candida	  

	  	  

	  

	  

	  

Oral	  Ulcerations	  

	  	  

	  

	  

	  

Oral	  Kaposi’s	  Sarcoma	  

	  	  

	  

	  

	  

Progressive	  Periodontal	  Disease	  

	  	   	  

	  

	  

Other	  Fungal	  Infection	  

	  	   	  

	  

D.	   Neurological	  

	  	   	  	  

	  

	  

	  

	  

	  

	  

	  

Gait	  

	  	  

	  

	  

	  

Cerebellar	  Function	  

	  	  

	   Date:	   	  	   	  
	   	   	   	  
	   	   	   	  
	   	  
	   	  
	   	  
	   	  
	   	  
	   	   	   	  
	   	  
	   	   	   	  
	   	  
	   	  
	   	  
	   	  
	   	  
	   	  
	   	   	   	  
	   	  

Date:	   	  	   	   	   	   	   	  
	   	   	  
	  
	   	  
	   	  
	   	  
	   	  
	   	  
	   	   	  
	  
	   	  
	   	   	  
	  
	   	  
	   	  
	   	  
	   	  
	   	  
	   	  
	   	   	  
	  
	   	  
	  

Date:	  

	  

	  	  

	   	  

	   	  

	  

	  

	  

	  

	   	  

	  

	  

	  

	  

	  

	  

	  

	  

	  

	  

	  

	  

	  

	  

	  

	  

	  

	  

	  

	   	  

	  

	  

	  

	  

	  

	  

	  

	   	  

	  

	  

	  

	  

	  

	  

	  

	  

	  

	  

	  

	  

	  

	  

	  

	  

	  

	  

	  

	  

	  

	  

	   	  

	  

	  

	  

	  

	  

	  

	  

28

In re Connecticut Prison Overcrowding and Aids Cases, Not Reported in F.Supp. (1990)

	  

	  

	  

Gross	  Motor	  Function	  

	  	  

	  

	  

	  

Fine	  Motor	  Function	  

	  	  

	  

	  

	  

Reflexes	  

	  	  

	  

	  

	  

Sensory	  Functioning	  

	  	  

	  

	  	  

	  

	  

	  

	  	  

	  

	  

	  

	  

	  

	  

	  

	  

	  

	  

E.	   Mental	  Status	  

	  	   	  	  

	  

	  

	  

	  

	  

	  

	  

Memory	  Loss	  

	  	  

	  

	  

	  

Speech	  Difficulties	  

	  	  

	  

	  

	  

Delusions	  

	  	  

	  

	  

	  

Symptoms	  of	  Psychotic	  of	  Marginal	  Behavior	  

	  	  

	  

	  

	  

Clinical	  Depression	  

	  	  

	  

	  

	  

Suicidal	  Ideation	  

	  	  

	  

	  

F.	   Lymph	  Nodes	  

	  	   	  	  

	  

	  

	  

	  

	  

	  

	  

Cervical	  

	  	  

	  

	  

	  

Supraclavicular	  

	  	   	  

	  

	  

Axillary	  

	  	   	  

	  

	  

Inguinal	  

	  	   	  

	  

G.	   Lungs	  

	  	   	  	  

	  

	  

	  

	  

	  

	   	  	  

	  

	  

	  

H.	   Cardiovascular	  

	  	   	  	  

	  

	  

	  

	   	  	  

	  

	  

I.	   Abdomen	  

	   	  
	   	  
	   	  
	   	  
	   	   	   	   	   Date:	  
	  	   	   	   	   	   	  
	   	   	   	  
	   	  
	   	  
	   	  
	   	  
	   	  
	   	  
	   	   	   	  
	   	  
	   	  
	   	  
	   	  
	   	   	   	   	   	  
	   	   	   	  

	  
	   	  
	   	  
	   	  
	   	   	  
	   	  
Date:	   	  	   	   	   	   	   	  
	   	   	  
	  
	   	  
	   	  
	   	  
	   	  
	   	  
	   	  
	   	   	  
	  
	   	  
	   	  
	   	  
	   	  
	   	   	   	   	  
	  
	   	  
	   	   	  

	  

	  

	  

	  

	  

	  

	  

	  

	  

	  

	  

	  

	   	  

	  

	   	  

	  

Date:	  

	  

	  	   	   	  

	   	  

	  

	  

	  

	  

	   	  

	  

	  

	  

	  

	  

	  

	  

	  

	  

	  

	  

	  

	  

	  

	  

	  

	  

	  

	  

	  

	  

	  

	   	  

	  

	  

	  

	  

	  

	  

	  

	  

	  

	  

	  

	  

	  

	  

	  

	  

	   	  

	  

	   	  

	  

	  

	  

	  

	  

	  

	  

	   	  

	  

29

In re Connecticut Prison Overcrowding and Aids Cases, Not Reported in F.Supp. (1990)

	  	   	  	  

	  

	  

	  

	   	  	  

	  

	  

J.	   Genitalia	  and	  Perirectal	  Areas	  

	  	   	  	  

	  

	  

	  

	   	  	  

	  

	  

	  

Condylomata	  

	  	  

	  

	  

	  

Oral/Genial	  HSV	  

	  	  

	  

	  

	  

Other	  STDS	  

	  	  

	  

	  

K.	   Skin	  

	  	   	  	  

	  

	  

	  

	  

	  

	  

	  

Non-­‐specific	  Rashes/Dermatmmendations	  

	  	   	  

	  

	  

Seborrheic	  Dermatitis	  

	  	   	  

	  

	  

Psoriasis	  

	  	   	  

	  

	  

(Staph)	  Folliculitis	  

	  	  

	  

	  

	  

(Molluscum	  Contagiosum)	  

	  	  

	  

	  

	  

(Tinea	  Facialis)	  

	  	  

	  

	  

	  

(Pruritic	  Papules)	  

	  	  

	  

	  

	  

Skin	  Lesions	  

	  	  

	  

	  

	  

Kaposi’s	  sarcoma	  (#,	  site)	  

	  	  

	  

	  

	  

VZV	  Fungal	  

	  	  

	  

	   	  

	  

	  

	  

	  

	  

	   	  

	   	  

	   	  

	  

	   	  

	   	  

	   	  

	  

	   	  

	   	  

	   	  

	  

	   	  

	   	  

	   	  

	  

	   	  

	   	  

	   	  

	  

	   	  

	  

	  

	  

	  

	  

	   	  

	   	  

	   	  

	  

	  

	  

	  

	  

	  

	  

	  

	   	  

	  

	  

	  

	  

	  

	   	  

	  

	  

	  

	  

	  

	   	  

	  

	  

	  

	  

	  

	   	  

	  

	  

	  

	  

	  

	   	  

	  

	  

	  

	  

	  

	   	  

	  

	  

	  

	  

	  

	   	  

	  

	  

	  

	  

	  

	   	  

	  

	  

	  

	  

	  

	   	  

	  

	  

	  

	  

	  

FORM

A

HIV-ASSOCIATED

COMPLETE

PHYSICAL

EXAMSINMATE

NAME:

__________________________________________INMATE

NUMBER:

________________________________________DOB: __________________________________________________DATE

OF EACH EVALUATION WITH NAME AND TITLE OF CLINICIAN RESPONSIBLE FOR

EVALUATION1)____________________________________

2)___________________3)____________________________________ 4)___________________(NOTE: INFECTIOUS

DISEASE SPECIALIST SHALL PLACE HIS/HER INITIALS AT END OF LINE AFTER REVIEWING THE

EVALUATION)Note: if no abnormality is noted, mark 0 in box. If an abnormality is noted, briefly describe.

-------------------------------------------------------------------------------------------------------------------------------------------------------

-------:: : Date: : Date: : Date: :::: : : : ::-------------------------------------------------------------------------------:: A. Vital Signs

(give figures) : : : :::: : : : :::: ____ Pulse : : : :::: ____ Blood Pressure : : : :::: ____ Respiratory Rate : : : :::: ____ Weight : : :

:::: ____ Temperature : : : ::-------------------------------------------------------------------------------:: B. HEENT : : : :::: : : : ::::

30

In re Connecticut Prison Overcrowding and Aids Cases, Not Reported in F.Supp. (1990)

Fundoscopic : : : ::-------------------------------------------------------------------------------:: C. Mouth : : : :::: : : : :::: Oral Hairy

Leukoplakia : : : :::: Candida : : : :::: Oral Ulcerations : : : :::: Oral Kaposi’s Sarcoma : : : :::: Progressive Periodontal : : : ::

Disease:: Other Fungal Infection : : : ::-------------------------------------------------------------------------------:: D. Neurological : :

: :::: : : : :::: Gait : : : :::: Cerebellar Function : : : :::: Gross Motor Function : : : :::: Fine Motor Function : : : :::: Reflexes : : :

::::

Sensory

Functioning

:

:

:

::-----------------------------------------------------------------------------------------------------------------------------------------------------

-------------------------------------------------------------------------------------------------------------------------------------------------------

----------------:: : Date: : Date: : Date: :::: : : : ::-------------------------------------------------------------------------------:: E. Mental

Status : : : :::: : : : :::: Memory Loss : : : :::: Speech Difficulties : : : :::: Delusions : : : :::: Symptoms of Psychotic of : : : ::

Marginal Behavior:: Clinical Depression : : : :::: Suicidal Ideation : : :

::-------------------------------------------------------------------------------:: F. Lymph Nodes : : : :::: : : : :::: Cervical : : : ::::

Supraclavicular : : : :::: Axillary : : : :::: Inguinal : : : ::-------------------------------------------------------------------------------:: G.

Lungs : : : :::::-------------------------------------------------------------------------------:: H. Cardiovascular : : : :::: : : :

::-------------------------------------------------------------------------------:: I. Abdomen : : : ::: : : :

::-------------------------------------------------------------------------------:: J. Genitalia and Perirectal Areas:::: Condylomata::

Oral/Genial HSV:: Other STDS-------------------------------------------------------------------------------:: K. Skin : : : :::: : : : ::::

Non-specific : : :: Rashes/Dermatmmendations:: Seborrheic Dermatitis : : : :::: Psoriasis : : : :::: (Staph) Folliculitis : : : ::::

(Molluscum Contagiosum) : : : :::: (Tinea Facialis) : : : :::: (Pruritic Papules) : : : :::: Skin Lesions : : : :::: Kaposi’s sarcoma

(#,

:

:

:

::

site)::

VZV

Fungal

:

:

:

::-----------------------------------------------------------------------------------------------------------------------------------------------------

---------

	   FORM	  B	   	  	   	  
HIV-­‐INFECTED	  PATIENT	  FLOW	  SHEET	   	  	   	  

	   INMATE	  NAME:	   	  	   	  

	  

	   DATE	  

	  	  

	  

	  

*	  Hb/HCT	  

	  	   	  

	  

*	  WBC	  with	  diff	  

	  	  

	  

	  

*	  PLATELETS	  

	  	  

	  

	  

*	  BILI/LDH	  

	  	  

	  

	  

*	  SGOT/SGPT	  

	  	  

	  

	  

*	  ALK	  PHOS/ALB	  

	  

	  

	  

	  

	  

	  

	  

	  

	  

	  

	  

	  

	  

	  

	  

	  

	  

	  

	  

	  

	  

	  

	  

	  

	  

	  

	  

	  

	  

	  

	  

	  

	  

	  

	  

	  

	  

	  

	  

	  

	  

	  

	  

	  

	  

	  

	  

	  

	  

	  

	  

	  

	  

	  

	  

	  

	  

	  

	  

	  

	  

	  

	  

	  

	  

	  

	  

	  

	  

	  

	  

	  

	  

	  

	  

	  

	  

	  

	  

	   	  

	   	  

	   	  

	   	  

	   	  

	  

	  

31

In re Connecticut Prison Overcrowding and Aids Cases, Not Reported in F.Supp. (1990)

	  	   	  

	  

*	  BUN/CREATININE	  

	  	  

	  

	  

*	  VDRL/FTA-­‐ABS	  

	  	  

	  

	  

TOXO	  TITER	  

	  	  

	  

	  

SYPHILIS	  RX	  

	  	  

	  

	  

*	  HBsAg/HBsAb	  

	  	  

	  

	  

*	  PPD	  (mm.)	  

	  	  

	  

	  

*	  CHEST	  PA	  &	  LAT	  

	  	  

	  

	  

*	  T4	  OR	  CD4	  COUNT	  

	  	  

	  

	  

T4/T8	  RATIO	  

	  	  

	  

	  

*	  WEIGHT/VS	  

	  	  

	  

	  

NEW	  SX/SIGNS	  

	  	  

	  

	  

NEW	  SX/SIGNS	  

	  	  

	  

	  

AZT	  

	  	  

	  

	  

ANTI-­‐TB	  MEDS	  

	  	  

	  

	  

PCP	  PROPHYLAXIS	  

	  	  

	  

	  

OTHER	  MEDS	  ORDERED	  

	  	  

	  

	  

OR	  VACCINES	  

	  	  

	  

	  

	  

	  

	  

	  

	  

	  

X-­‐RAYS/CULTURES	  

	  	  

	  

	  

OTHER	  STUDIES	  

	  	  

	  

	  

SPECIAL	  REFERRALS	  

	  	   	  

	  

SPECIAL	  DIETS	  

	  	   	  

	  

	  

	  

	  

	  

	  

	  

	  

	  

	  

	  

	  

	  

	  

	  

	  

	  

	  

	  

	  

	  

	  

	  

	  

	  

	  

	  

	  

	  

	  

	  

	  

	  

	  

	  

	  

	  

	  

	  

	  

	  

	  

	  

	  

	  

	  

	  

	  

	  

	  

	  

	  

	  

	  

	  

	  

	  

	  

	  

	  

	  

	  

	  

	  

	  

	  

	  

	  

	  

	  

	  

	  

	  

	  

	  

	  

	  

	  

	  

	  

	  

	  

	  

	  

	  

	  

	  

	  

	  

	  

	  

	  

	  

	  

	  

	  

	  

	  

	  

	  

	  

	  

	  

	  

	  

	  

	  

	  

	  

	  

	  

	  

	  

	  

	  

	  

	  

	  

	  

	  

	  

	  

	  

	  

	  

	  

	  

	  

	  

	  

	  

	  

	  

	  

	  

	  

	  

	  

	  

	  

	  

	  

	  

	  

	  

	  

	  

	  

	  

	  

	  

	  

	  

	  

	  

	  

	  

	  

	  

	  

	  

	  

	  

	  

	  

	  

	  

	  

	  

	  

	  

	  

	  

	  

	  

	  

	  

	  

	  

	  

	  

	  

	  

	  

	  

	  

	  

	  

	  

	  

	  

	  

	  

	  

	  

	  

	  

	  

	  

	  

	  

	  

	  

	  

	  

	  

	  

	  

	  

	  

	  

	  

	  

	  

	  

	  

	  

	  

	   	  

	  

	  

	  

	  

	  

	  

	  

	  

	  

	  

	  

	  

	  

	  

	  

	  

	  

	  

	  

	  

	  

	  

	  

	  

	  

	  

	  

	  

	  

	  

	  

	  

	  

	  

	  

	  

	  

	  

	  

	  

	  

	  

	  

	  

	  

	  

	  

	  

	  

	  

	  

	  

	  

	  

	  

	  

	  

	  

	  

	  

	  

	  

	  

	  

	  

	  

	  

	  

	  

	  

	  

	  

	  

	  

	  

	  

	  

	  

	  

	  

	  

	  

	  

	  

	  

	  

	  

	  

	  

	  

	  

	  

	  

	  

	  

	  

	  

	  

	  

	  

	  

	  

	  

	  

	  

	  

	  

	  

	  

	  

	  

	  

	  

	  

	  

	  

	  

	  

	  

	  

	  

	  

	  

	  

	  

	  

	  

	  

	  

	  

	  

	  

	  

	  

	  

	  

	  

	  

	  

	  

	  

	  

	  

	  

	  

	  

	  

	  

	  

	  

	  

	  

	  

	  

	  

	  

	  

	  

	  

	  

	  

	  

	  

	  

	  

	  

	  

	  

	  

	  

	  

	  

	  

	  

	  

	  

	  

	  

	  

	  

	  

	  

32

In re Connecticut Prison Overcrowding and Aids Cases, Not Reported in F.Supp. (1990)

FORM

B

HIV-INFECTED

PATIENT

FLOW

SHEETINMATE

NAME:

INMATE

NUMBER:-----------------------------------------------------------------------------------------------------------------------------------------

---:: DATE : : : : : : ::----------------------------------------------------------------------:: * Hb/HCT : : : : : :

::----------------------------------------------------------------------:: * WBC with diff : : : : : :

::----------------------------------------------------------------------:: * PLATELETS : : : : : :

::----------------------------------------------------------------------:: * BILI/LDH : : : : : :

::----------------------------------------------------------------------:: * SGOT/SGPT : : : : : :

::----------------------------------------------------------------------:: * ALK PHOS/ALB : : : : : :

::----------------------------------------------------------------------:: * BUN/CREATININE : : : : : :

::----------------------------------------------------------------------:: * VDRL/FTA-ABS : : : : : : :::: TOXO TITER : : : : : : ::::

SYPHILIS RX : : : : : : ::----------------------------------------------------------------------:: * HBsAg/HBsAb : : : : : :

::----------------------------------------------------------------------:: * PPD (mm.) : : : : : :

::----------------------------------------------------------------------:: * CHEST PA & LAT : : : : : :

::----------------------------------------------------------------------:: * T4 OR CD4 COUNT : : : : : : :::: T4/T8 RATIO : : : : : :

::----------------------------------------------------------------------:: * WEIGHT/VS : : : : : :

::----------------------------------------------------------------------:: NEW SX/SIGNS : : : : : :

::--------------------------------------------------------------------------------------------------------------------------------------------:: NEW

SX/SIGNS : : : : : : ::----------------------------------------------------------------------:: AZT : : : : : :

::----------------------------------------------------------------------:: ANTI-TB MEDS : : : : : :

::----------------------------------------------------------------------:: PCP PROPHYLAXIS : : : : : : :::: OTHER MEDS ORDERED :

:: ---------------------------------------------:: OR VACCINES : :::: : :: ---------------------------------------------:: : ::

---------------------------------------------:: : ::----------------------------------------------------------------------:: X-RAYS/CULTURES

:

::----------------------------------------------------------------------::

OTHER

STUDIES

:

::----------------------------------------------------------------------::

SPECIAL

REFERRALS

:

::----------------------------------------------------------------------::

SPECIAL

DIETS

:

::----------------------------------------------------------------------:: : ::----------------------------------------------------------------------:: :

::----------------------------------------------------------------------:: : ::----------------------------------------------------------------------:: :

::----------------------------------------------------------------------:: : ::----------------------------------------------------------------------:: :

::--------------------------------------------------------------------------------------------------------------------------------------------

FORM D
TABULAR OR GRAPHIC MATERIAL SET AT THIS POINT IS NOT DISPLAYABLE
	  
D.O.C.	  TREATMENT	  PLAN	  FOR	  HIV-­‐INFECTED	  PATIENTS	   	  	   	  

FORM	  C	   	  	   	  

	  

Inmate	  Name:	   	 . ..................................................................................................	I   nmate	  Number:	   	 . ..................................................................	  

	  	  

	  	  

	  

	  

Date:	   	 . ............................................................................................................................	D   OB:	   	.  ................................................................................................	  

33

In re Connecticut Prison Overcrowding and Aids Cases, Not Reported in F.Supp. (1990)

	  	  

	  	  

	  

	  

Evaluating	  DOC	  Physician:	   	 . .....................................................................	I   D	  Consultant:	   	.  ........................................................................	  

	  	  

	  	  

	  

	  

	   	.  ............................................................................................................................................................................................................................................................	   	  	   	   Date	  when	  next	  T4,	  T4/T8	  ratio	  to	  be	  done:	   	.  ...........................................................................................................................................	   	  	   	   Date	  of	  next	  routine	  periodic	  evaluation	  (Usually	  DOC	  Physician):	   	.  ..................................................................................	   	  	   	   Date	  of	  next	  complete	  physical	  exam,	  ID	  re-­‐evaluation:	   	 . ..............................................................................................................	   	  	   	  
	  	   	   Blood	  work,	  cultures,	  x-­‐rays	  ordered:	   	.  ...........................................................................................................................................................	   	  	   	   (Specify	  test	  and	  date	  to	  be	  done)	   	.  .....................................................................................................................................................................	   	  	   	   (Give	  schedule	  if	  test	  needed	  periodically)	.  ..................................................................................................................................................	   	  	   	   	  	   	   If	  any	  consultations	  ordered	  or	  special	  studies	  to	  be	  done,	  please	  give	  details	  below.	  Summarize	   results	  below	  as	  well.	   	  	   	   	  	   	   	  	   	   	  	   	   	  	  
34

In re Connecticut Prison Overcrowding and Aids Cases, Not Reported in F.Supp. (1990)
	   Outline	  special	  dietary	  or	  nutritional	  recommendations:	   	 . ..........................................................................................................	   	  	   	   AZT	  or	  DDI	  orders:	   	.  ...........................................................................................................................................................................................................	   	  	   	   PCP	  Prophylaxis	  orders:	   	.  .............................................................................................................................................................................................	   	  	   	   Other	  prophylaxis	  orders	  (Cryptococcus/Toxo):	   	 . ...............................................................................................................................	   	  	   	   Anti-­‐Viral	  therapy	  orders:	   	 . ........................................................................................................................................................................................	   	  	   	   Anti-­‐Fungal	  therapy	  orders:	   	 . ...................................................................................................................................................................................	   	  	   	   Anti-­‐TB	  therapy	  orders:	   	.  ..............................................................................................................................................................................................	   	  	   	   (include	  PPD	  placement	  order	  if	  indicated)	   	  	   	   Vaccination	  orders	  (DT,	  pneumococcal,	  influenza,	  etc):	   	 . ..............................................................................................................	   	  	   	   Special	  studies/other	  indicated	  orders:	   	 . ......................................................................................................................................................	   	  	   	   	  	   	   	  	   	   	  	   	  
	   FORM	  E	   	  	   	  
35

In re Connecticut Prison Overcrowding and Aids Cases, Not Reported in F.Supp. (1990)
HEALTH	  SERVICES	   	  	   	  
Termination/Transfer	  Summary	   	  	   	  
	  	   	   Client	  Name	  ____________________	  DOC	  Number	   	.  ..........................................................................................................................................	   	  	   	   Facility/Location	   	 . ...............................................................................................................................................................................................................	   	  	   	   Date	  of	  Admission	  __________	  Date	  of	  Release/Discharge	   	 . ..............................................................................................................	   	  	   	   Allergies	  _________________________	  Special	  Diet	   	.  ...........................................................................................................................................	   	  	   	   Type	  of	  Recommended	  Discharge	  Placement	   	.  ........................................................................................................................................	   	  	   	   Diagnosis	  (use	  DSM	  III	  R	  Axes)	   	.  ............................................................................................................................................................................	   	  	   	   Current	  Medications	   	.  .......................................................................................................................................................................................................	   	  	   	   Upcoming	  Appointments	   	.  ...........................................................................................................................................................................................	   	  	   	   Summary	  Of	  Treatment	  (include	  presenting	  problem,	  Medication	  history,	  focus	  of	  treatment,	   prognosis,	  recommendtions)	   	.  .................................................................................................................................................................................	   	  	   	   Completed	  by	  _________________________	  Date	   	.  .................................................................................................................................................	   	  	   	  
	   FORM	  F	  
36

In re Connecticut Prison Overcrowding and Aids Cases, Not Reported in F.Supp. (1990)

	  	   	   MENTAL	  HEALTH	  SERVICES	   	  	   	   INITIAL	  ASSESSMENT	   	  	   	   	  	   	   	  	   	  

	  

	   FACILITY/LOCATION	  

	  

	  

	  

	  	  

	  

	   	.  .....................................................................................................................................................................................	 	.   ..........................	 . ...............................................................................................................................	   	  

	  	  

	  	  

	  	  

	  

	  

	  

	   INMATE	  NAME	  

	  

INMATE	  NUMBER	  

	  

	  	  

	  	  

	  

	  

	   	.  .....................................................................................................................................................................................	 	.   ..........................	 . ...............................................................................................................................	   	  

	  	  

	  	  

	  	  

	  

	  

	  

	   DATE	  OF	  M.H.	  ADMISSION	  

DOB	   PLACE	  OF	  BIRTH	  

	  

	  	  

	  	  

	  	  

	  

	  

	  

	   	.  .....................................................................................................................................................................................	 	.   ..........................	 . ...............................................................................................................................	   	  

	  	  

	  	  

	  	  

	  

	  

	  

	   LAST	  RESIDENCE	  

SEX	   RACE	  

	  

	  	  

	  	  

	  	  

	  

	  

	  

	  

	  	  

	  	  

	  

	  

	  

PRESENTING	  PROBLEMS	  

	  	  

	  

	  

	.  ........................................................................................................................................................................................................................................	  

	  	  

	  

	  

	  	  

	  

	  

	.  ........................................................................................................................................................................................................................................	  

37

In re Connecticut Prison Overcrowding and Aids Cases, Not Reported in F.Supp. (1990)

	  	  

	  

	  

	  	  

	  

	  

	.  ........................................................................................................................................................................................................................................	  

	  	  

	  

	  

	  	  

	  

	  

	.  ........................................................................................................................................................................................................................................	  

	  	  

	  

	  

PSYCHIATRIC	  HISTORY	  

	  	  

	  

	  

	.  ........................................................................................................................................................................................................................................	  

	  	  

	  

	  

	  	  

	  

	  

	.  ........................................................................................................................................................................................................................................	  

	  	  

	  

	  

CURRENT	  MEDICATIONS	  

	  	  

	  

	  

	.  ........................................................................................................................................................................................................................................	  

	  	  

	  

	  

	.  ........................................................................................................................................................................................................................................	  

	  	  

	  

	  

	.  ........................................................................................................................................................................................................................................	  

	  	  

	  

	  

RELEVANT	  MEDICAL	  PROBLEMS	  

	  	  

	  

	  

	.  ........................................................................................................................................................................................................................................	  

	  	  

	  

	  

	  	  

	  

	  

	.  ........................................................................................................................................................................................................................................	  

38

In re Connecticut Prison Overcrowding and Aids Cases, Not Reported in F.Supp. (1990)

	  	  

	  

	  

	  	  

	  

	  

	.  ........................................................................................................................................................................................................................................	  

	  	  

	  

	  

ALLERGIES	  

	  	  

	  

	  

SUBSTANCE	  ABUSE	  HISTORY	  (SUBSTANCES	  USED	  &	  TREATMENT	  RECEIVED)	  

	  	  

	  

	  

	.  ........................................................................................................................................................................................................................................	  

	  	  

	  

	  

	.  ........................................................................................................................................................................................................................................	  

	  	  

	  

	  

	.  ........................................................................................................................................................................................................................................	  

	  	  

	  

	  

	   	  	  

	  

	  

	   PRESENT	  OFFENSES(S)	  

	  

	  

	  	  

	  

	.  ..........		 .   ............................................................................................................................	 .  .....................................................................................................................	  

	  	   	  	  

	  	  

	   	  

	  

	   DATE	  OF	  SENTENCING	  

LENGTH	  OF	  SENTENCING	  

	  	  

	  	  

	  

	  

	.  ..........		 .   ............................................................................................................................	 .  .....................................................................................................................	  

	  	   	  	  

	  	  

	   	  

	  

	   PAST	  ARREST	  HISTORY	  

	  

	  	  

	  

	.  ..........		 .   ............................................................................................................................	 .  .....................................................................................................................	  

	  	   	  	  

	  	  

39

In re Connecticut Prison Overcrowding and Aids Cases, Not Reported in F.Supp. (1990)

	   	  

	  

	   	  	  

	  

	  

	   PRIOR	  INCARCERATIONS	  

	  

	  	  

	  

	   	  

	   	   EDUCATION	  LEVEL	  &	  SCHOOL	  ATTENDED	  (INCLUDE	  SCHOOL	  ADJUSTMENT)	  
	  	   	   	   	  	   	   	   	  	   	   	   	  	   	   	   VOCATIONAL/OCCUPATIONAL	  HISTORY	   	  	   	   	   	  	   	   	   	  	   	   	   SIGNIFICANT	  OTHERS,	  SUPPORT	  SYSTEMS	  AND	  RELIGIOUS	  HISTORY	   	  	   	   	   	  	   	   	   	  	   	   	   	  	   	  

	  

	  

	  	  

	  

	  

FAMILY	  HISTORY	  (INCLUDE	  FAMILY	  OF	  ORIGIN	  AND/OR	  FOSTER	  FAMILIES,	  

40

In re Connecticut Prison Overcrowding and Aids Cases, Not Reported in F.Supp. (1990)

RESIDENTIAL	  HISTORY	  

	  	  

	  

	.  .....................	 	.   ........................................................................................................................................................................................................................................	  

	  	  

	  	  

	  

	  

	  

THROUGH	  PRESENT	  INCLUDING	  CHILDREN)	  

	  	  

	  

	.  .....................	 	.   ........................................................................................................................................................................................................................................	  

	  	  

	  	  

	  

	  

	  

	  	  

	  

	  

	  	  

	  

	  

	  	  

	  

	  

	  	  

	  

	  

	  	  

	  

	  

	  	  

	  

	  

	  	  

	  

	  

	  	  

	  

	  

	  	  

	  

	  

	  	  

	  

	  

	  	  

	  

	  

	  	  

	  

	  

	  	  

	  

	  

	  	  

	  

	  
	   MARITAL	  STATUS	   	  	  

SINGLE	  

MARRIED	  

WIDOWED	  

DIVORCED	  

	  

	  	  

	  	  

	  	  

	  	  

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In re Connecticut Prison Overcrowding and Aids Cases, Not Reported in F.Supp. (1990)

	  

	  

	  

	  

	  

	   #	  OF	  CHILDREN	  

	  

	  

	  

	  

	  

	  	  

	  

	   	  	   	  

	   	   CLINICAL	  IMPRESSIONS/MENTAL	  STATUS/PROVISIONAL	  DIAGNOSIS	  (IF	  FILLED	  OUT	  BY	  
PSYCHIATRIST,	   	  	   	   	   NURSE,	  SOCIAL	  WORKER,	  OR	  PSYCHOLOGIST,	  THEN	  CLINICAL	  IMPRESSIONS	  SHALL	   INCLUDE	  MENTAL	   	  	   	   	   STATUS	  AND	  PROVISIONAL	  DIAGNOSIS)	   	  	   	   	   	 . ..................................................................................................................................................................................................................................................	   	  	   	   	   	  	   	   	   	 . ..................................................................................................................................................................................................................................................	   	  	   	   	   	  	   	   	   	 . ..................................................................................................................................................................................................................................................	   	  	   	   	   	  	   	   	   	 . ..................................................................................................................................................................................................................................................	   	  	   	   	   	  	   	   	   	 . ..................................................................................................................................................................................................................................................	   	  	  
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In re Connecticut Prison Overcrowding and Aids Cases, Not Reported in F.Supp. (1990)

	   	   	  	  
	   	   	 . ..................................................................................................................................................................................................................................................	  
	  	   	   	   	  	   	   	   	 . ..................................................................................................................................................................................................................................................	   	  	   	   	   	  	   	   	   	 . ..................................................................................................................................................................................................................................................	   	  	   	   	   	  	   	   	   	 . ..................................................................................................................................................................................................................................................	   	  	   	   	   MENTAL	  STATUS	   	  	   	   	   	 . ..................................................................................................................................................................................................................................................	   	  	   	   	   	  	   	   	   	 . ..................................................................................................................................................................................................................................................	   	  	   	  

	  

	  

PROVISIONAL	  DIAGNOSIS	  

AXIS	  I	  

AXIS	  II	  

AXIS	  III	  

	  	  

	  	  

	  	  

	  	  

	  

	  

	  

	  

	  

	.  ...........................................................................................................................	 .  ............................................................	 	.   .............................................................	 .  ............................................................	 	   

	  	  

	  	  

	  	  

	  	  

	  

	  

	  

	  

	  

	  	  

AXIS	  IV	  

AXIS	  V	  

	.  ............................................................	 	   

	  

	  	  

	  	  

	  	  

	  

	  

	  

	  
43

In re Connecticut Prison Overcrowding and Aids Cases, Not Reported in F.Supp. (1990)

	   	  	   	  
	   CONCLUSIONS/RECOMMENDATIONS	   	  	   	  
	   	 . ..................................................................................................................................................................................................................................................	   	  	   	  
	   	  	   	  
	   	 . ..................................................................................................................................................................................................................................................	   	  	   	  
	   	  	   	  
	   	 . ..................................................................................................................................................................................................................................................	   	  	   	  
	   	  	   	  
	   	 . ..................................................................................................................................................................................................................................................	   	  	   	  
	   	  	   	  
	   	 . ..................................................................................................................................................................................................................................................	   	  	   	  
	   	  	   	  

	  

	  

COMPLETED	  BY	  

	  	  

	  

	  

DATE	  

	  	  

	  

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MENTAL

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In re Connecticut Prison Overcrowding and Aids Cases, Not Reported in F.Supp. (1990)

HEALTH SERVICES INITIAL ASSESSMENT-------------------------------------------------------------------------------:

FACILITY/LOCATION :: ................... ...... .............................. :: INMATE NAME INMATE NUMBER :: ................... ......

.............................. :: DATE OF M.H. DOB PLACE OF BIRTH : ADMISSION: ................... ...... .............................. :: LAST

RESIDENCE

SEX

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............................................................................. PSYCHIATRIC HISTORY .............................................................................

.............................................................................

CURRENT

MEDICATIONS

.............................................................................

.............................................................................

.............................................................................

RELEVANT

MEDICAL

PROBLEMS

.............................................................................

...........................................................

:

............................................................................. ALLERGIES SUBSTANCE ABUSE HISTORY (SUBSTANCES USED &

TREATMENT RECEIVED) ............................................................................. ........................................................... :

...........................................................

:------------------------------------------------------------------------------------------------------------------------------------------------------

-------- PRESENT OFFENSES(S) : ........................... .............................. ...... DATE OF SENTENCING LENGTH OF

SENTENCING : ........................... .............................. ...... PAST ARREST HISTORY : ........................... ..............................

......

:

PRIOR

INCARCERATIONS

:------------------------------------------------------------------------------------------------------------------------------------------------------

-------- EDUCATION LEVEL & SCHOOL ATTENDED (INCLUDE SCHOOL ADJUSTMENT)

VOCATIONAL/OCCUPATIONAL HISTORY SIGNIFICANT OTHERS, SUPPORT SYSTEMS AND RELIGIOUS

HISTORY------------------------------------------------------------------------------------------------------------------------------------------

-------------------- FAMILY HISTORY (INCLUDE FAMILY OF ORIGIN AND/OR FOSTER FAMILIES, RESIDENTIAL

HISTORY ............................................................................. THROUGH PRESENT INCLUDING CHILDREN)

............................................................................. MARITAL STATUS SINGLE MARRIED WIDOW- DIVORCED ED # OF

CHILDREN----------------------------------------------------------------------------------------------------------------------------------------

---------------------- CLINICAL IMPRESSIONS/MENTAL STATUS/PROVISIONAL DIAGNOSIS (IF FILLED OUT BY

PSYCHIATRIST, NURSE, SOCIAL WORKER, OR PSYCHOLOGIST, THEN CLINICAL IMPRESSIONS SHALL

INCLUDE MENTAL STATUS AND PROVISIONAL DIAGNOSIS) .............................................................................

.............................................................................

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.............................................................................

.............................................................................

.............................................................................

............................................................................. ............................................................................. MENTAL STATUS

.............................................................................

.............................................................................

PROVISIONAL

DIAGNOSIS AXIS I AXIS AXIS III II ........................... .............................. ...... ........ AXIS IV AXIS V

45

In re Connecticut Prison Overcrowding and Aids Cases, Not Reported in F.Supp. (1990)

________-------------------------------------------------------------------------------------------------------------------------------------------

-------------------

CONCLUSIONS/RECOMMENDATIONS

.............................................................................

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the width of this screen, use the right arrow key. To return to the original screen, use the left arrow key. FORM F MENTAL

HEALTH SERVICES INITIAL ASSESSMENT ------------------------------------------------------------------------------------------:

FACILITY/LOCATION : : ................... ...... .............................. :: INMATE NAME INMATE NUMBER : : ................... ......

.............................. :: DATE OF M.H. DOB PLACE OF BIRTH : ADMISSION : ................... ...... .............................. ::

LAST

RESIDENCE

SEX

RACE

:

-------------------------------------------------------------------------------------------------------------------------------------------------------

-----------------------------: PRESENTING PROBLEMS :: ........................................................... :: ::

............................................................................. :: :: ............................................................................. :: ::

.............................................................................

::

PSYCHIATRIC

HISTORY

::

............................................................................. :: :: ............................................................................. :: CURRENT

MEDICATIONS :: ............................................................................. :: ............................................................................. ::

.............................................................................

::

RELEVANT

MEDICAL

PROBLEMS

::

.............................................................................

::

::

...........................................................

::

::

............................................................................. :: ALLERGIES :: SUBSTANCE ABUSE HISTORY (SUBSTANCES

USED & TREATMENT RECEIVED) :: ............................................................................. ::

...........................................................

::

...........................................................

:------------------------------------------------------------------------------------------------------------------------------------------------------

------------------------------: PRESENT OFFENSES(S) : ..... ........................... .............................. ......: DATE OF

SENTENCING LENGTH OF SENTENCING : ..... ........................... .............................. ......: PAST ARREST HISTORY :

.....

...........................

..............................

......:

::

PRIOR

INCARCERATIONS

:

-------------------------------------------------------------------------------------------------------------------------------------------------------

-----------------------------: EDUCATION LEVEL & SCHOOL ATTENDED (INCLUDE SCHOOL ADJUSTMENT) :: :: :: ::

VOCATIONAL/OCCUPATIONAL HISTORY :: :: :: SIGNIFICANT OTHERS, SUPPORT SYSTEMS AND RELIGIOUS

HISTORY

::

::

::

:------------------------------------------------------------------------------------------------------------------------------------------------------

------------------------------: FAMILY HISTORY (INCLUDE FAMILY OF ORIGIN AND/OR FOSTER FAMILIES,

RESIDENTIAL : HISTORY ..... ............................................................................. ....: THROUGH PRESENT INCLUDING

CHILDREN) :..... ............................................................................. ....: :: :: :: :: :: :: :: :: :: :: :: :: :: :: MARITAL STATUS

SINGLE

MARRIED

WIDOW-

DIVORCED

:

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#

OF

CHILDREN

:------------------------------------------------------------------------------------------------------------------------------------------------------

------------------------------: CLINICAL IMPRESSIONS/MENTAL STATUS/PROVISIONAL DIAGNOSIS (IF FILLED

OUT BY : PSYCHIATRIST, : NURSE, SOCIAL WORKER, OR PSYCHOLOGIST, THEN CLINICAL IMPRESSIONS

SHALL : INCLUDE MENTAL : STATUS AND PROVISIONAL DIAGNOSIS) :

.............................................................................:

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46

In re Connecticut Prison Overcrowding and Aids Cases, Not Reported in F.Supp. (1990)

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.............................................................................: MENTAL STATUS : .............................................................................: :

.............................................................................: PROVISIONAL DIAGNOSIS AXIS I AXIS AXIS III : II ...........................

..............................

......

........:

AXIS

IV

AXIS

V

________

:------------------------------------------------------------------------------------------------------------------------------------------------------

------------------------------: CONCLUSIONS/RECOMMENDATIONS : .............................................................................: :

.............................................................................:

:

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:

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.............................................................................---------------------------------------------------------------------------------------------

---------------------------------------------------------------------------------------:

COMPLETED

BY

:

DATE

:------------------------------------------------------------------------------------------

	   FORM	  G	   	  	   	  
MENTAL	  HEALTH	  SERVICES	   	  	   	  
TREATMENT	  PLAN	   	  	   	  

	  

FACILITY/LOCATION	   	.  .............................................................	 	D    ATE	  OF	  M.H.	  ADMISSION	   	.  ..........................................................	  

	  	  

	  	  

	  

	  

INMATE	  NAME	   	 . ................................................................................	 	   	  

	  	  

	  

	   THERAPIST	   	  	   	   	  	   	   	  
	  	   	  

	.  ...........	   THERAPIST	  SIGNATURE	   	  	   	  	   	   	  
	   	  

	.  ..........	 	    	  	   	   	  	   	   	.  ..........	 	    	  	   	   	  

47

In re Connecticut Prison Overcrowding and Aids Cases, Not Reported in F.Supp. (1990)

	   QUARTERLY	  TEAM	  CONFERENCE	   	  	   	  
DATE	  _______________	  MEMBERS	  PRESENT	   	 . ..................................................................................................................................................	   	  	   	   DATE	  OF	  PLAN	  UPDATE	  __________	  DIAGNOSIS	   	 . .....................................................................................................................................	   	  	   	  
	  	   	  

	  

	  

	  

	  

	  

	  

	  

DATE	  

	  

#	  

	  

	  	  

	  	  

	  

	  

	  

	  

	  

	  

	  

	  

	  

	  

	  

	  

	  

	  

	  

	  

	  

	  

	  

	  

	  

	  

	  

	  

	  

	  

	  

	  

	  

	  

	  

	  

	  

	  

	  

	  

	  

	  

	  

	  

	  

	  

	  

	  

	  

	  

	  

	  

	  

	  

	  

	  

	  

	  

	  

	  

	  

	  

	  

	  

	  

	  

	  

	  

	  

	  

	  

	  

	  

	  

	  

	  

	  

	  

	  

	  

	  

	  

	  

	  

	  

	  

	  

	  

	  

	  

	  

	  

	  

	  

	  

	  

	  

	  

	  

	  

	  

	  
PROBLEM	   	  	   	   	   	   	   	   	   	   	   	   	   	   	   	   	   	   	   	   	   	   	  

	  

	  

	  

	  

GOAL	  

	  

	  	  

	  

	  

	  

	  

	  

	  

	  

	  

	  

	  

	  

	  

	  

	  

	  

	  

	  

	  

	  

	  

	  

	  

	  

	  

	  

	  

	  

	  

	  

	  

	  

	  

	  

	  

	  

	  

	  

	  

	  

	  

	  

	  

	  

	  

	  

	  

	  

	  

	  

	  

	  

	  

	  

	  

	  

	  

	  

	  

	  
INTERVENTION	   	  	   	   	   	   	   	   	   	   	   	   	   	   	   	   	   	   	   	   	   	   	  

	  

:RESOLVED	  

	  

	  	  

	  

	  

(DATE)	  

	  

	  	  

	  

	  

	  

	  

	  

	  

	  

	  

	  

	  

	  

	  

	  

	  

	  

	  

	  

	  

	  

	  

	  

	  

	  

	  

	  

	  

	  

	  

	  

	  

	  

	  

	  

	  

	  

	  

	  

	  

	  

	  

	  

	  

	  

	  

	  

	  

	  

	  

	  

	  

	  

	  

	  

	  

	  

	  

	  

	  

	   	   MHS	  03—REV.8/90	  
	  	   	  

	   PRESENTING	  PROBLEM:	  

TREATMENT	  PLAN	  NARRATIVE	   	  	   	   	  	   	  

48

In re Connecticut Prison Overcrowding and Aids Cases, Not Reported in F.Supp. (1990)
	  	   	  
	  	   	   	  	   	   	  	   	   	  	   	   	  	   	   	  	   	   	  	   	   PROGRESS	  SINCE	  LAST	  CASE	  REVIEW:	   	  	   	   	  	   	   	  	   	   	  	   	   	  	   	   	  	   	   	  	   	   	  	   	   GOALS	  FOR	  NEXT	  QUARTER:	   	  	   	   	  	   	   	  	   	   	  	   	   	  	  
49

In re Connecticut Prison Overcrowding and Aids Cases, Not Reported in F.Supp. (1990)

	   	  	   	   	  	   	   	  	   	   	  	   	   	  	   	  

	   SIGNED:	   	  	   	  

DATE:	   	  	   	  

FORM G MENTAL HEALTH SERVICES TREATMENT PLANFACILITY/LOCATION _____________________

DATE OF M.H. ADMISSION _________INMATE INMATE NUMBER __________________ NAME

______THERAPIST

_____

THERAPIST

SIGNATURE

____

____________________

_______________-------------------------------------------------------------------------------

QUARTERLY

TEAM

CONFERENCEDATE

_______________

MEMBERS

PRESENT

__________________________________________DATE OF PLAN UPDATE __________ DIAGNOSIS

______________________________________------------------------------------------------------------------------------- : : : : :

:RESOLVED :: DATE : # : PROB- : GOAL : INTER- : (DATE) : LEM VEN-

TION-------------------------------------------------------------------------------:

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:------------------------------------------------------------------------------- MHS 03--REV.8/90 TREATMENT PLAN

NARRATIVEPRESENTING

PROBLEM:----------------------------------------------------------------------------------------------------------------------------------------

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In re Connecticut Prison Overcrowding and Aids Cases, Not Reported in F.Supp. (1990)

-------------------------------------------------------------------------------------------------------------------------------------------------------

------------------------------------PROGRESS

SINCE

LAST

CASE

REVIEW:------------------------------------------------------------------------------------------------------------------------------------------

-------------------------------------------------------------------------------------------------------------------------------------------------------

-------------------------------------------------------------------------------------------------------------------------------------------------------

----------------------------------GOALS

FOR

NEXT

QUARTER:----------------------------------------------------------------------------------------------------------------------------------------

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------------------------------------SIGNED: DATE:-------------------------------------------------------------------------------

	   FORM	  H	   	  	   	  
DEPARTMENT	  OF	  CORRECTION	   	  	   	  
HEALTH	  SERVICES	  DIVISION	   	  	   	  
AUTHORIZATION	  FOR	  RELEASE	  OF	  INFORMATION	   	  	   	  
I	  hereby	  authorize	  the	  State	  of	  Connecticut,	  Department	  of	  Correc-­‐	   	  	   	   tion	  and	  its	  staff	  at	  _______________	  to	  OBTAIN	  the	  following	  information	   	  	   	   from:	  .	.  ..............................................................................................................................................................................................................................................	   	  	   	   I	  hereby	  authorize	  the	  State	  of	  Connecticut,	  Department	  of	  Correc-­‐	   	  	   	   tion	  and	  its	  staff	  at	  _______________	  to	  REVEAL	  the	  following	  information	   	  	   	   to:	  .	.  ......................................................................................................................................................................................................................................................	   	  	   	   INITIAL	  APPROPRIATE	  ITEM(S):	   	  	   	   	  	  

51

In re Connecticut Prison Overcrowding and Aids Cases, Not Reported in F.Supp. (1990)
	   _____	  Dates	  of	  Admission/Discharge.	   	  	   	   _____	  Pertinent	  Medical	  and/or	  Psychiatric	  information	  relevant	  to	  my	   	  	   	   diagnosis	  and/or	  treatment,	  including	  diagnosis.	   	  	   	   _____	  Alcohol	  and/or	  Drug	  abuse	  information.	   	  	   	   _____	  Other	  information	  (please	  be	  specific):	  .	 . ...........................................................................................................................................	   	  	   	   	  	   	   	.  ...............................................................................................................................................................................................................................................................	   	  	   	   	  	   	   RELEASE	  OF	  INFORMATION	  RELATING	  TO	  AN	  HIV	  DIAGNOSIS:	   	  	   	   _______	  Pertinent	  medical	  and/or	  Psychiatric	  information	  relevant	  to	  a	   	  	   	   diagnosis	  of	  HIV.	  I	  may	  withdraw	  this	  consent	  at	  any	  time	  prior	  to	  the	   	  	   	   release	  of	  the	  above	  information.	   	  	   	   “This	  information	  has	  been	  disclosed	  to	  you	  from	  records	  whose	  con-­‐	   	  	   	   fidentiality	  is	  protected	  by	  state	  law.	  State	  law	  prohibits	  you	  from	   	  	   	   making	  any	  further	  disclosure	  of	  it	  without	  the	  specific	  written	  consent	   	  	   	  
52

In re Connecticut Prison Overcrowding and Aids Cases, Not Reported in F.Supp. (1990)

of	  the	  person	  to	  whom	  it	  pertains,	  or	  as	  otherwise	  permitted	  by	  said	   	  	   	   law.	  A	  general	  authorization	  for	  the	  release	  of	  medical	  or	  other	  in-­‐	   	  	   	   formation	  is	  NOT	  sufficient	  for	  this	  purpose.”	  P.A.	  89-­‐246	   	  	   	   	  	   	   	.  ...............................................................................................................................................................................................................................................................	   	  	   	   	  	   	   The	  specific	  purpose	  of	  this	  request	  is:	   	.  ........................................................................................................................................................	   	  	   	   	  	   	   .	.  ..............................................................................................................................................................................................................................................................	   	  	   	   This	  consent,	  if	  not	  withdrawn,	  will	  expire	  on	  _______________	  or	  90	  days	   	  	   	   after	  it	  is	  signed.	   	  	   	   Date	  of	  Birth:	  __/__/__	  Date	  of	  signature:	  __/__/__	  ID#	   	.  .....................................................................................................................	   	  	   	  

	   	  	   	   	  	   	   Witness	  Signature	   	  	   	   __/__/__	  

	  	   	   	  	   	   Requester’s	  Signature	   	  	   	   	  

53

In re Connecticut Prison Overcrowding and Aids Cases, Not Reported in F.Supp. (1990)

	  	  

	  

	  	  

	  	  

	  

	  

	  	  

	  	  

	  

	  

	  

Parent	  or	  Guardian	  

	  	  

	  

	  

(If	  requester	  is	  a	  minor)	  

	  	  

	  

	  
CONFIDENTIAL—MEDICAL	  REVIEW	  PROCEDURE—PRIVILEGED	  INFORMATION	   	  	   	   	  	   	   	  	   	  

FORM	  I	   	  	   	  

	   	   	  
	   	  
	  	   	  	   	   	   	   No.__________	  
	  	   	  

MEDICAL	  INCIDENT	  

	  

	  	  

	  

REPORT:	  

	  

	  	  

	  

	  	  

	  	  

	  

	  

	  

	  

	   This	  form	  is	  to	  be	  used	  in	  connection	  with	  the	  Incident	  or	  Disciplinary	  Reports;	  or	  whenever	  a	   specific	  event	  results	  in	  the	  need	  for	  medical	  treatment,	  or	  any	  omission	  or	  commission	  by	  a	  staff	  
54

In re Connecticut Prison Overcrowding and Aids Cases, Not Reported in F.Supp. (1990)

member.	   	  	   	   Person	  Injured:	  ________________________________________	  Date:	   	 . ........................................................................................................	   	  	   	   Place	  Where	  Treated:	  ____________________	  Date	  &	  Hour	  of	  Treatment:	   	 . ..............................................................................	   	  	   	   Medical	  Incident	  Prepared	  By	  (Please	  Print	  ):	  _______________	  On	  (Date):	   	.  ........................................................................	   	  	   	   	  	   	   Summarize	  incident:	   	 . ......................................................................................................................................................................................................	   	  	   	   	  	   	   	  	   	   	  	   	   	  	   	   	  	   	  

	   Signature	   	  	   	   	  	   	  

	   Signature	  of	  Supervisor	   	  	   	  
	  	   	  	   	   	  

	   Diagnosis:	   	.  ..............................................................................................................................................................................................................................	   	  	   	   	  	   	   Treatment	  Administered:	   	.  ..........................................................................................................................................................................................	  
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In re Connecticut Prison Overcrowding and Aids Cases, Not Reported in F.Supp. (1990)

	  	   	   	  	   	   Follow-­‐up	  Action	  Required:	   	.  ....................................................................................................................................................................................	   	  	   	   	  	   	   Where	  Assigned	  After	  Treatment:	   	 . ....................................................................................................................................................................	   	  	   	   Other	  Remarks:	   	.  ...................................................................................................................................................................................................................	   	  	   	   	  	   	   	  	   	   	  	   	   	  	   	   	  	   	   	  	   	  

	   Signed	   	  	   	   *Prepare	  Original	  &	  5	  Copies	   	  	   	  

	   Title	   	  	   	  
	   	  

	   FORM	  J	   	  	   	  
CONFIDENTIAL—MEDICAL	  REVIEW	  PROCEDURE—PRIVILEGED	  INFORMATION	  
56

In re Connecticut Prison Overcrowding and Aids Cases, Not Reported in F.Supp. (1990)

	  	   	   	  	   	   	  	   	  

	   	   	  
	   :INCIDENT	  REPORT	   	  	   	  
	  	   	  	   	   	   	  	   	  	   	   	   	   	  

FOLLOW-­‐UP	  TO	  MEDICAL	  

	  

	  	  

	  

	  

	  

	  	  

	  	  

	  

	  

	  	  

	  	  

	  

	  

No.	  __________	  

	  

	  	  

	  

	   Medical	  Incident	  Form	  Number(s):	   	 . ..............................................................................................................................................................	   	  	   	   Date(s)	  of	  Incident:	   	.  ..........................................................................................................................................................................................................	   	  	   	   Location:	   	.  ....................................................................................................................................................................................................................................	   	  	   	   Follow-­‐up	  Action	  Taken:	   	.  ............................................................................................................................................................................................	   	  	   	   	  	   	   	  	   	   	  	   	   	  	  
57

In re Connecticut Prison Overcrowding and Aids Cases, Not Reported in F.Supp. (1990)

	   	  	   	   	  	   	   	  	   	   	  	   	   	  	   	  

	   	   	  

Supervisor/Medical	  Director	   	  	   	  

	   Response	  is/is	  not	  requested:	   	.  ............................................................................................................................................................................	   	  	   	   	  	   	   	  	   	   	  	   	   	  	   	   	  	   	   	  	   	   	  	   	   	  	   	   	  	   	   	  	   	   	  	  
58

In re Connecticut Prison Overcrowding and Aids Cases, Not Reported in F.Supp. (1990)

	   	  	   	   	  	   	   	  	   	  

	   	   	  

Supervisor/Medical	  Director	   	  	   	  

	   FORM	  K	   	  	   	  
CONFIDENTIAL—MEDICAL	  REVIEW	  PROCEDURE—PRIVILEGED	  INFORMATION	   	  	   	  
	  	   	   	  	   	  

	   	   	   	   	   	   	  
	   	   	  

	  	   	   MORTALITY	  REVIEW	   	  	   	   	  	   	  

	  

1.	  

Problem	   	.  .......................................................................................................................................................................................	  

	  	  

	  	  

	  

	  

59

In re Connecticut Prison Overcrowding and Aids Cases, Not Reported in F.Supp. (1990)

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60

In re Connecticut Prison Overcrowding and Aids Cases, Not Reported in F.Supp. (1990)

s1

-­‐ PH DOREST-­‐ HI O L V L-­‐ R 3

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61

In re Connecticut Prison Overcrowding and Aids Cases, Not Reported in F.Supp. (1990)
	   	   	 . ..................................................................................................................................................................................................................................................	  
	  	   	   	   	  	   	   	   	 . ..................................................................................................................................................................................................................................................	   	  	   	   	   	  	   	   	   	 . ..................................................................................................................................................................................................................................................	   	  	   	   	   	  	   	   	   	  	   	   	   Action:	   	.  .............................................................................................................................................................................................................................	   	  	   	   	   	  	   	   	   	 . ..................................................................................................................................................................................................................................................	   	  	   	   	   	  	   	   	   	 . ..................................................................................................................................................................................................................................................	   	  	   	   	   	  	   	   	   	 . ..................................................................................................................................................................................................................................................	   	  	   	   	   	  	   	   	   	  	   	   	   Name	  of	  Patient	  (optional):	   	 . ........................................................................................................................................................................	   	  	   	   	   Medical	  Director	  ______________________________	  Date	   	.  .................................................................................................................	  
62

In re Connecticut Prison Overcrowding and Aids Cases, Not Reported in F.Supp. (1990)
	  	   	  

FORM K CONFIDENTIAL--MEDICAL REVIEW PROCEDURE--PRIVILEGED INFORMATION

-------------------------------------------------------- : : : MORTALITY REVIEW : : :

--------------------------------------------------------1.

Problem

________________________________________________________________

________________________________________________________________________

________________________________________________________________________

________________________________________________________________________

________________________________________________________________________2. Could the problem have been

diagnosed earlier or [ ] [ ] prevented? Comment: ______ ________3. Was the patient monitored properly with [ ] [ ]

lab/x-ray/consult?

Comment:

_______________________________________

________________________________________________ 4. Should the patient have been transferred to an [ ] [ ] outside

hospital

sooner?

Comment:

_______________________________________

________________________________________________5. Could this problem have been avoided? [ ] [ ] Comment:

_______________________________________ ________________________________________________6. Was the

patient treated correctly? [ ] [ ] Comment: _______________________________________

________________________________________________6. Was patient compliance a contributing factor to [ ] [ ] this

problem?

Comment:

_______________________________________

________________________________________________-------------------------------------------------------------------------------

: DEPARTMENTAL REVIEW :: Comments: ________________________________________________________ :: ::

__________________________________________________________________

::

::

__________________________________________________________________

::

::

__________________________________________________________________

::

::

::

Action:

__________________________________________________________

::

::

__________________________________________________________________

::

::

__________________________________________________________________

::

::

__________________________________________________________________ :: :: :: Name of Patient (optional):

______________________________________ :: Medical Director ______________________________ Date

_____________ :-------------------------------------------------------------------------------

EXHIBIT 1

Stat Kit® 800

Prefilled syringes for ease and speed of use; plus ?? minutes of oxygen and reusable resuscitator.
*32 Stat Kit 800 is the most extensively equipped Banyan kit. It has 26 different drugs, plus an emergency oxygen system and “ambu-type” resuscitator. You have the drugs, equipment, and oxygen to start treatment on virtually any life-threatening emergency associated with an office based practice.

Essential drugs and equipment, not in disarray, but stored in one location. When you open the kit you’ll find ten drugs considered essential to emergency cardiac care by leading national medical
63

In re Connecticut Prison Overcrowding and Aids Cases, Not Reported in F.Supp. (1990)
organizations. Most are in prefilled syringes for quick prep and administration. Additional drugs are supplied in glass ampules. You’ll also find endotracheal tubes, a complete I.V. set, Welch Allyn laryngoscopes with light source, and monitoring equipment. (The complete contents are listed below.) This is one of the most thorough groupings of office emergency equipment you’ll ever find in one case, organized and ready for use.
Although larger than the 400 or 600 (see comparative photo in this brochure), the Stat Kit 800 is portable at 27 pounds. Each item fits safely and securely in its own spot, cushioned by a ½ ″ layer of polyethylene foam. It can take rough treatment with little chance of breakage, making it practical for you to depend on it in your office as well as out.

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A preset O2 flow rate for speed; a quality resuscitator for higher O2 concentrations.
The portable oxygen system has a preset flow rate for speed of setup and administration. Simply attach the mask and turn the handle; it’s preset to deliver 6LPM for approximately 30 minutes. You’ll have enough oxygen for the early, critical stages. The complete system includes a mask with strap and seven feet of tubing. The standard medical “B” cylinder is easily refilled at oxygen supply houses.
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TABULAR OR GRAPHIC MATERIAL SET AT THIS POINT IS NOT DISPLAYABLE TABULAR OR GRAPHIC MATERIAL SET AT THIS POINT IS NOT DISPLAYABLE
	  

	  

	  

64