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Lack of Funding No Defense for Bad Prison Conditions

The defendants were held in contempt in an earlier opinion for massive violations of a consent judgment. The defendants have taken sufficient measures, mainly alleviation of crowding (which the court terms the "bad seed" of many constitutional violations) to the point of compliance with the consent judgment's population cap, that the court declines to impose monetary sanctions. At 939: "... [T]he court should select the least intrusive sanction that the court determines will coerce the contemnor to comply." Id.: "...
[C]ognizant of the socioeconomic and sociopolitical factors pertaining to the Virgin Islands, the court finds that monetary contempt sanctions would affect drastically the public interest and, perhaps more importantly, would impede progress and thwart the defendants' continuing efforts to remedy the conditions of confinement at the CJC." The court warns that failure to continue making progress may lead to a different result in the future.

At 938: "a lack of funding does not serve as an acceptable excuse for defendants' non-compliance, especially since many of the problems which the defendants face do not require inordinate financial expenditures." See: Carty v. Schneider, 986 F.Supp. 933 (D.V.I. 1997).

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Related legal case

Carty v. Schneider