The case of Trapp v. DuBois, litigation protecting access to Native American spirituality in Massachusetts prisons, was settled between the parties according to the terms of the following agreement and protocols, signed and filed with the court in March 2003.



WHEREAS, the plaintiffs commenced a lawsuit in the Worcester Superior Court for the Commonwealth of Massachusetts, against the Defendants, entitled Randall Shield Wolf Trapp, et al. v. Larry E. DuBois, et al., Civil Action No. 1995-0779, ("the Litigation"); and

WHEREAS, the Defendants deny any violations of the Plaintiffs' rights and deny all legal claims asserted by the Plaintiffs and prevailed in a two day trial before the Worcester Superior Court (Toomey, J. presiding); and

WHEREAS, the parties wish to settle the Litigation:

NOW, THEREFORE, in consideration for the promises and consideration contained herein, the sufficiency of which is hereby acknowledged, the parties agree as follows:

1. The DOC, on behalf of all the Defendants, acknowledges that, as stated in the attached Protocols for Native American Purification Lodges within the Massachusetts Department of Correction, it is the DOC's policy that Native American Purification Lodge ceremonies will be made available to the plaintiffs. Accordingly, Purification Lodges will be constructed and operated at the North Central Correctional Institution, MCINorfolk, and the Souza-Baranowski Correctional Center, where the incarcerated Plaintiffs are presently housed, commencing sixty days from the execution of this Settlement Agreement. Other inmates incarcerated at said facilities who participate in Native American religious practices may also participate in the Purification Lodge ceremonies. The Protocols are incorporated by reference into this Settlement Agreement, but may be altered as needed to facilitate the Purification Lodge ceremonies and as security needs may dictate and in consultation with the Massachusetts Commission on Indian Affairs.

2. The DOC, on behalf of all the Defendants, will pay to Peter P. D'Errico Esq., Robert T. Doyle, Jr., and William A. Norris, attorneys for the Plaintiffs, reasonable attorneys fees in full settlement of attorney fees in the litigation. If the parties fail to agree on the amount of reasonable attorneys fees, this matter will be referred to and decided by the Superior Court.

3. The Plaintiffs will each sign the Release, a copy of which is attached hereto.

4. Upon execution of the Settlement Agreement, the attorneys for the Plaintiffs shall sign the attached Stipulation of Dismissal and deliver it forthwith to counsel for the DOC, who shall sign it and file it with the court.

5. The parties further agree that they will not initiate any publicity regarding the fact or the terms of this Settlement Agreement, but that they may respond to unsolicited press inquires concerning the facts and terms of this Settlement Agreement.

6. Nothing in this Settlement Agreement shall be construed as an admission of any liability or of any wrongdoing by DOC or by the Defendants, all of whom specifically deny all legal claims made against them by Plaintiffs and deny any violation of Plaintiffs' legal rights.

7. This Settlement Agreement shall be construed in accordance with the laws of the Commonwealth of Massachusetts.

8. If any term of this Settlement Agreement is held to be invalid, illegal or otherwise unenforceable by a court of competent jurisdiction, the validity and enforceability of all other terms hereof shall be in no way affected thereby, and this Settlement Agreement shall be construed and enforced as if such invalid, illegal or unenforceable term had not been included herein. This Settlement Agreement shall survive this action and be independently enforceable as a contract. All parties acknowledge that if any party fails to comply with said Settlement Agreement, it will be deemed a breach of contract and will subject the non-complying part(ies) to legal action including, but not limited to, recovery of court costs and reasonable attorneys' fees, as warranted and nothing in this Settlement Agreement should be interpreted so as to prevent enforcement of the terms of this Agreement as set forth in this paragraph. All parties further agree that this Settlement Agreement may be used as evidence only in a subsequent proceeding in which any of the parties allege a breach of this Settlement Agreement.

9. This Settlement Agreement, including attached Protocols, Release of All Claims, and Stipulation of Dismissal, shall constitute and embody the entire Agreement and understanding between the parties.

IN WITNESS WHEREOF, each of the parties hereto has caused this Settlement Agreement to be executed in their names and on their behalf.

[signatures omitted in online document]


I. Location:

Native American Purification Lodges will be constructed at the North Central Correctional Institution, MCI-Norfolk and the Souza-Baranowski Correctional Center.

The Native American Purification Lodge should be located within the secure perimeter and in an area that is inaccessible to the general inmate population, cordoned off by fencing.

The placement of additional Native American Purification Lodges within the Department of Correction will be determined by the Religious Services Committee and the Commissioner based on a consideration of a variety of factors, including, but not limited to, institutional safety and security, institutional design and structure, inmate population and number of inmates identified as Native American practitioners.

II. Construction:

The frame of the Purification Lodge is constructed of sapling trees provided by outside volunteers and placed in a circle and secured into holes in the ground. The saplings are bent and joined together by string to form a dome-shaped circle. Medicine bundles that contain kinnickkinnick are tied to the outside of the sapling frame. A pit is dug in the middle of the lodge to accommodate the heated rocks during the ceremony. Prior to the commencement of the Purification Lodge ceremony, the frame will be covered with tarpaulins and blankets. A fire pit dug outside the Purification Lodge will be used to heat the rocks prior to the Purification Lodge ceremony. An approved outside volunteer will supervise the construction of the Purification Lodge. The Purification Lodge frame will be permanent. 2

III. Operation:

Each Purification Lodge ceremony will be operated during the 7am-3pm shift and take place once a month. If the facility has more inmates who participate in Native American religious practices desiring to engage in the Purification Lodge ceremony than can be safely accommodated in a single ceremony, the facility may schedule additional ceremonies in order to provide for the Native American participants. Each Purification Lodge ceremony must be supervised by an approved outside volunteer, same sex as the inmate participants, who will lead the ceremony inside the Purification Lodge.

Some preparations for the Purification Lodge ceremony may be undertaken the day before the scheduled ceremony, including the stacking of firewood and rocks and placing tarps and blankets over the lodge frame.

On the morning of the Purification Lodge ceremony, inmate participants will be allowed access to the Purification Lodge site after completion of the morning count at approximately 7:30 a.m. Under the supervision of an assigned staff member, a wood fire will be started in the fire pit by the designated inmate "Fire Tender," and rocks will be heated in the fire pit. At this time, blessings and other rituals in preparation for the Purification Lodge ceremony will take place.

Once the heated rocks are placed inside the Purification Lodge, by use of a rake and shovel, the ceremony will commence. All participants in the Purification Lodge ceremony must remain in their underwear or shorts during the ceremony. Water will be made available for use in the ceremony and for drinking. At least two water hoses will be made available to douse the flames and to prevent any potential fire from spreading. At the conclusion of the ceremony, approximately two hours in duration, inmate participants will clean up the area and assist the assigned staff member in collecting communal items for storage. 3

The construction and operation of a Purification Lodge within an approved institution will be based upon the traditions of the Wampanoag tribe of New England.

IV. Implements

1. Sapling trees, preferably willow or cedar, to be provided by the outside volunteer.

2. Rocks for heating. Approximately 20 large rocks are necessary for each ceremony. They may need to be replaced after several ceremonies. Rocks must be solid (not layered) or lava rocks and are to be provided by the facility.

3. Firewood. Enough wood for a three hour fire, to be supplied by the facility.

4. Shovel and rake to move hot rocks from fire pit to Purification Lodge.

5. Deer antlers to be used inside Purification Lodge by leader to move hot rocks in pit.

6. Sage, cedar and sweet grass used inside the Purification Lodge for Smudge.

7. Ceremonial Pipe with kinnick-kinnick is smoked inside the Purification Lodge during the ceremony. This is a communal pipe that is currently a part of the Native American inventory of equipment.

8. Bucket of water with ladle for pouring water on hot rocks during ceremony.

9. Water hose to be utilized as a fire suppressant.

10. Canvas tarps and/or blankets to be placed over sapling frame.

11. Mats to sit on inside of Purification Lodge.

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