Case: Handberry v. Thompson

1:96-cv-06161 | U.S. District Court for the Southern District of New York

Filed Date: Aug. 14, 1996

Case Ongoing

Clearinghouse coding complete

Case Summary

On August 14, 1996, eleven incarcerated individuals between the ages of 16 and 21 at Rikers Island filed this class-action lawsuit in the District Court for the Southern District of New York under 42 U.S.C.§ 1983, alleging that the New York City Department of Corrections, the New York City Board of Education, and the New York State Department of Education had not provided them with the educational services they were entitled to under federal and state law. Plaintiffs were represented by the Pr…

On August 14, 1996, eleven incarcerated individuals between the ages of 16 and 21 at Rikers Island filed this class-action lawsuit in the District Court for the Southern District of New York under 42 U.S.C.§ 1983, alleging that the New York City Department of Corrections, the New York City Board of Education, and the New York State Department of Education had not provided them with the educational services they were entitled to under federal and state law. Plaintiffs were represented by the Prisoners' Rights Project of Legal Aid Society. The district court (Judge Constance B. Motley) granted plaintiffs' motion for declaratory judgment, finding the city liable for failure to provide adequate general and special educational services to the class. Handberry v. Thompson, 92 F.Supp.2d 244 (S.D.N.Y. 2000).

In April of 2000, the city submitted to the court its "Education Plan" and the court approved the plan on June 29, 2000 and appointed a monitor to observe the plan for one year. The monitor submitted her plan in December of 2001 and the district court concluded that the city failed to meet its obligations under federal and state law. Specific problems included inadequate procedures for informing inmates of their right to receive educational services, scheduling conflicts between educational services and other services, such as health, religious, and exercise activities, and lack of a procedure to determine whether an inmate had already completed a GED. The court (Judge Constance B. Motley) issued an Order Amending the City Defendants' Education Plan, outlining specific steps to be taken by the city. Handberry v. Thompson, 219 F.Supp.2d 525 (S.D.N.Y. 2002).

Defendants moved for a stay pending their appeal of the court's injunction. On November 27, 2002, the Court of Appeals for the Second Circuit issued an order vacating the injunction and remanding the case for the district court to determine whether the plaintiffs were required to exhaust administrative remedies prior to bringing the class action lawsuit. The district court concluded that no further exhaustion was required, and reinstated the earlier injunction on December 20, 2002. The City Defendants again appealed. The Second Circuit affirmed in part, vacated in part, and remanded. The Court of Appeals held that Section 802 of the Prison Litigation Reform Act, 18 U.S.C. § 3626(a)(1), limits the availability of prospective relief in prisoner litigation to that remedying violations of federal, but not state, law. Id. at 344-46.

The city moved to stay certain provisions of the Order and the district court (Judge Constance B. Motley) denied the motion on April 4, 2004. Handberry v. Thompson, No. 96 Civ. 6161(CBM), 2003 WL 1797850 (S.D.N.Y.). The case was reassigned to to Judge Deborah A. Batts on October 7, 2005. On February 13, 2007, she recused herself. The case was reassigned to Judge George B. Daniels on February 16, 2007, and then the case was assigned to the Magistrate Judge James C. Francis for general pretrial on October 2, 2013.

On June 10, 2014, the court appointed a special master to collect information and report to the Court with respect to the current status of provision of educational services at DOC facilities, pursuant to Rule 53(a)(1)(C). The court appointed Peter E. Leone, Ph.D., as Special Master on order to provide for a more efficient and reliable fact-finding process; the defendants objected but the court overruled. On December 2, 2015, following nine years of litigation, Magistrate Judge Francis filed a report and recommendation granting plaintiffs' motion in part for an amended injunction.

On December 31, 2016 Judge Daniels ordered various provisions relating to educational services, such as ordering that all eligible inmates be provided a minimum of 3 hours of educational services every school day, and that the DOC must provide special education services to those inmates identified as in need. The judge also recommended that special master Dr. Leone be appointed for a two-year term to monitor and ensure compliance by the DOC and DOE. The city objected, but the court overruled and adopted the magistrate’s recommendations in full on March 31, 2016. The period of the injunction is ongoing.

As of April 2019, the Special Master is still submitting reports to the court.

Summary Authors

Angela Heverling (1/30/2006)

Abigail DeHart (10/27/2016)

Raul Noguera-McElroy (4/19/2019)

People

For PACER's information on parties and their attrorneys, see: https://www.courtlistener.com/docket/4685569/parties/handberry-v-thompson/


Judge(s)

Daniels, George B. (New York)

Francis, James C. IV (New York)

Hall, Peter W. (Vermont)

Motley, Constance Baker (New York)

Newman, Jon Ormond (New York)

Sack, Robert David (New York)

Attorneys(s) for Plaintiff

Banks, Steven (New York)

Boston, John (New York)

Finzi, Roberto (New York)

Lewis, Dori A. (New York)

Judge(s)

Daniels, George B. (New York)

Francis, James C. IV (New York)

Hall, Peter W. (Vermont)

Motley, Constance Baker (New York)

Newman, Jon Ormond (New York)

Sack, Robert David (New York)

Attorneys(s) for Plaintiff

Banks, Steven (New York)

Boston, John (New York)

Finzi, Roberto (New York)

Lewis, Dori A. (New York)

Short, Stefen Russell (New York)

Werlwas, Mary Lynne (New York)

Attorneys(s) for Defendant

Benjamin, Moshe (New York)

Birnbaum, Janice L. (New York)

Cardozo, Michael A. (New York)

Connell, Monica Anne (New York)

Corner, Leonard (New York)

Gordon, Jane L. (New York)

Kramer, Judith T. (New York)

Leonard, Christina (New York)

Pestana, Georgia (New York)

Documents in the Clearinghouse

Document

1:96-cv-06161

Docket [PACER]

Aug. 26, 2020

Aug. 26, 2020

Docket
81

1:96-cv-06161

Opinion Granting Declaratory Judgment

92 F.Supp.2d 244

March 13, 2000

March 13, 2000

Order/Opinion
124

1:96-cv-06161

Opinion on the Party's Cross-Applications to Amend the Education Plan

219 F.Supp.2d 525

Aug. 28, 2002

Aug. 28, 2002

Order/Opinion
144

1:96-cv-06161

Opinion

2003 WL 194205, 2003 U.S.Dist.LEXIS 1220

Jan. 28, 2003

Jan. 28, 2003

Order/Opinion
152

1:96-cv-06161

Memorandum Opinion & Order

2003 WL 1797850, 2003 U.S.Dist.LEXIS 5508

April 4, 2003

April 4, 2003

Order/Opinion

03-00047

03-00065

Appellate Opinion

U. S. Court of Appeals for the Second Circuit

436 F.3d 52

Jan. 17, 2006

Jan. 17, 2006

Order/Opinion

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4685569/handberry-v-thompson/

Last updated Aug. 12, 2022, 3:03 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT filed; Summons issued and Notice pursuant to 28 U.S.C. 636(c); FILING FEE $ 120.00 RECEIPT # 268801 (ricm) (Entered: 08/15/1996)

Aug. 14, 1996

Aug. 14, 1996

PACER

Magistrate Judge Francis is so Designated. (ricm)

Aug. 14, 1996

Aug. 14, 1996

PACER
2

Order that case be referred to the Clerk of Court for assignment to a Magistrate Judge for Gen. Pretrial/Including Initial Case Managment Conference....Dispositive Motion ( signed by Judge Kimba M. Wood ) Referred to Magistrate Judge James C. Francis IV (kg) (Entered: 08/20/1996)

Aug. 20, 1996

Aug. 20, 1996

PACER
3

RETURN OF SERVICE executed as to The City of New York by personal service, leaving with the NYC Dept. of Law on 8/21/96. Answer due on 9/10/96 for The City of New York (lam) (Entered: 09/06/1996)

Sept. 4, 1996

Sept. 4, 1996

PACER
4

Filed Memo_Endorsement on letter to Judge Wood from Dori A. Lewis dated 09/03/96, .. requests that Your Honor waive the requirement in your court rules that a conference among the parties be held before any motion can be filed and instead grant us permission to file our class certification motion without delay. PERMISSION TO MOVE FOR CLASS CERTIFICATION WITHOUT A PREMOTION CONFERENCE IS GRANTED. SO ORDERED. (signed by Judge Kimba M. Wood) (djc) (Entered: 09/11/1996)

Sept. 11, 1996

Sept. 11, 1996

PACER
5

Filed Memo-Endorsement on letter to Judge Wood from Stephen Jacoby, Asst. Atty General dated 9/16/96, requesting an extension of the time for deft Commissioner Mills to move or answer ....THE DEADLINE FOR DEFT MILLS TO ANSWER OR MOVE IS HELD IN ABEYANCE PENDING THE PRETRIAL CONFERENCE TO BE SCHEDULED PROMPTLY. SO ORDERED 9/17/96. MAGISTRATE JUDGE FRANCIS ( signed by Magistrate Judge James C. Francis IV ) (lam) (Entered: 09/18/1996)

Sept. 17, 1996

Sept. 17, 1996

PACER
6

ORDER, Plaintiffs' counsel shall draft and circulate a stipulation providing for provisional class certification. Set defendant Mills' motion to dismiss to filing deadline for 10/21/96. Plaintiffs shall answer the motion by 11/11/96. Defendant Mills shall reply by 11/25/96, Set discovery due for 4/30/97, Set pretrial order due for 5/30/97. SO ORDERED: ( signed by Magistrate Judge James C. Francis IV ) (ae) (Entered: 09/25/1996)

Sept. 24, 1996

Sept. 24, 1996

PACER
7

ORDER, for Moshe Benjamin to appear pro hac vice upon condition that he make formal application for admission pursuant to General Rule 2 of the local rules within 30 days. ( signed by Magistrate Judge James C. Francis IV ); (ae) (Entered: 09/25/1996)

Sept. 25, 1996

Sept. 25, 1996

PACER
8

NOTICE OF MOTION by Richard Mills to dismiss the complaint, Return date 12/16/96; attached are papers in support (cd) (Entered: 10/22/1996)

Oct. 21, 1996

Oct. 21, 1996

PACER
9

MEMORANDUM by Richard Mills in support of [8-1] motion to dismiss the complaint (cd) (Entered: 10/22/1996)

Oct. 21, 1996

Oct. 21, 1996

PACER
10

ANSWER to Complaint by William C. Thompson Jr., Jerry Cammarata, Carol Gresser, Irene Impellizzeri, Sandra Lerner, Luis Reyes, Ninfa Segarra, Rudolph Crew, Richard Mills, Michael Jacobson, Eric Taylor, Frederick Patrick, Board of Education, The City of New York (Attorney Georgia Pestana) (kw) (Entered: 10/23/1996)

Oct. 22, 1996

Oct. 22, 1996

PACER
11

MEMORANDUM OF LAW by Zakunda-Ze Handberry, Marlon Coleman, Jose Colon, Irving Nooks, Austin Nunez, Carlos Luscz, Michael Picart, Carlos Rivera, Joseph Valdez, Eugene Bailey, Wager in opposition to Dismiss. (djc) (Entered: 11/12/1996)

Nov. 8, 1996

Nov. 8, 1996

PACER
12

DECLARATION of Marta E. Nelson (djc) (Entered: 11/12/1996)

Nov. 8, 1996

Nov. 8, 1996

PACER
13

MEMORANDUM OF LAW by William C. Thompson Jr., Jerry Cammarata, Carol Gresser, Irene Impellizzeri, Sandra Lerner, Luis Reyes, Ninfa Segarra, Rudolph Crew, Richard Mills, Michael Jacobson, Eric Taylor, Frederick Patrick, Board of Education, The City of New York in opposition to [8-1] motion to dismiss the complaint (djc) (Entered: 11/14/1996)

Nov. 12, 1996

Nov. 12, 1996

PACER
14

STIPULATION and ORDERFOR PROVISIONAL CLASS CERTIFICATION AND NOTICE TO THE CLASS, This action is provisionally certified as a class action for the pltff. class, purs. to F.R.C.P. 23(a) and (b)(2), subject to the following two provisions... see doc. ...SO ORDERED... ( signed by Judge Kimba M. Wood ). (ls) (Entered: 11/21/1996)

Nov. 20, 1996

Nov. 20, 1996

PACER
15

REPLY MEMORANDUM OF LAW IN SUPPORT by Richard Mills re: [8-1] motion to dismiss the complaint (djc) (Entered: 11/29/1996)

Nov. 26, 1996

Nov. 26, 1996

PACER
16

REPORT AND RECOMMENDATIONS of Magistrate Judge James C. Francis IV Re: [8-1] motion to dismiss the complaint ; ...FOR THE REASONS SET FORTH AVOVE, I RECOMMEND THAT COMMISSIONER MILLS' MOTION TO DISMISS THE COMPLT. BE DENIED. PURS. TO RULE 72 OF THE FRCP, THE PARTIES SHALL HAVE TEN (10) DAYS TO FILE WRITTEN OBJECTIONS TO THIS REPORT AND RECOMMENDATION.... Objections to R and R due by 12/24/96 (ls) (Entered: 12/11/1996)

Dec. 10, 1996

Dec. 10, 1996

PACER
17

Filed Memo_Endorsement on letter from Dori A. Lewis dated 12/16/96, I respectfully ask that the scheduled prescribed by Rule 72 be extended. Since I will be out of the country, I agree to an extension of objections until my return on 1/13/97, and ask that I be given until 1/27/97, to respond to any objections fld. by the State deft. ...SO ORDERED... ( signed by Judge Kimba M. Wood ) (ls) (Entered: 12/18/1996)

Dec. 18, 1996

Dec. 18, 1996

PACER
18

Filed Memo_Endorsement on letter dated 4/10/97, pretrial order due for 11/28/97, dispositive motion filing deadline for 11/28/97 ( signed by Magistrate Judge James C. Francis IV ) (cd) (Entered: 04/15/1997)

April 14, 1997

April 14, 1997

PACER
19

ORDER denying [8-1] motion to dismiss the complaint. ( signed by Judge Kimba M. Wood ); Copies mailed (ae) (Entered: 05/29/1997)

May 28, 1997

May 28, 1997

PACER
20

ANSWER to Complaint by Richard Mills (Attorney Moshe Benjamin),; jury demand; Firm of: Attny. Gen. of the State of NY by attorney Moshe Benjamin for defendant Richard Mills (ls) (Entered: 06/10/1997)

June 6, 1997

June 6, 1997

PACER
21

ORDER; reset any motion by defts addressing the impact of amendments to IDEA filing deadline for 1/9/98 ; pltff shall answer the motion by 2/6/98, and defts shall submit any reply by 2/13/98 ; reset all discovery due for 6/30/98 ; reset the pretrial order due for 7/31/98, unless any dispositive motion is fld. by that date; if such a motion is fld., the pretrial order shall be due thirty days after the motion is decided ; ( signed by Magistrate Judge James C. Francis IV Copies mailed (ls) (Entered: 12/05/1997)

Dec. 4, 1997

Dec. 4, 1997

PACER
22

NOTICE OF MOTION by William C. Thompson Jr., Jerry Cammarata, Carol Gresser, Irene Impellizzeri, Sandra Lerner, Luis Reyes, Ninfa Segarra, Rudolph Crew, Richard Mills, Michael Jacobson, Eric Taylor, Frederick Patrick, Board of Education, The City of New York; pursuant to Rule 56 of the FRCP, for partial summary judgment ; pursuant to Rule 57 of the FRCP, for declaratory judgment on plaintiffs' claims under the Individuals with Disabilities Education Act ; with Civil Rule 56.1 Statement and Declaration(s) in support attached.. (ae) (Entered: 01/23/1998)

Jan. 21, 1998

Jan. 21, 1998

PACER
23

MEMORANDUM OF LAW by William C. Thompson Jr., Jerry Cammarata, Carol Gresser, Irene Impellizzeri, Sandra Lerner, Luis Reyes, Ninfa Segarra, Rudolph Crew, Richard Mills, Michael Jacobson, Eric Taylor, Frederick Patrick, Board of Education, The City of New York in support of [22-1] pursuant to Rule 56 of the FRCP, for partial summary judgment; [22-2] motion pursuant to Rule 57 of the FRCP, for declaratory judgment on plaintiffs' claims under the Individuals with Disabilities Education Act (ae) (Entered: 01/23/1998)

Jan. 21, 1998

Jan. 21, 1998

PACER
24

MEMORANDUM by Zakunda-Ze Handberry, Marlon Coleman, Jose Colon, Irving Nooks, Austin Nunez, Carlos Luscz, Michael Picart, Carlos Rivera, Joseph Valdez, Eugene Bailey, Anthony Wager in opposition to [22-1] motion pursuant to Rule 56 of the FRCP, for partial summary judgment, [22-2] motion pursuant to Rule 57 of the FRCP, for declaratory judgment on plaintiffs' claims under the Individuals with Disabilities Education Act (cd) (Entered: 02/09/1998)

Feb. 6, 1998

Feb. 6, 1998

PACER
25

DECLARATION in opposition by Zakunda-Ze Handberry, Marlon Coleman, Jose Colon, Irving Nooks, Austin Nunez, Carlos Luscz, Michael Picart, Carlos Rivera, Joseph Valdez, Eugene Bailey, Anthony Wager [22-1] motion pursuant to Rule 56 of the FRCP, for partial summary judgment, [22-2] motion pursuant to Rule 57 of the FRCP, for declaratory judgment on plaintiffs' claims under the Individuals with Disabilities Education Act (cd) (Entered: 02/09/1998)

Feb. 6, 1998

Feb. 6, 1998

PACER
27

Amended Rule 56.1 Statement filed by Zakunda-Ze Handberry, Marlon Coleman, Jose Colon, Irving Nooks, Austin Nunez, Carlos Luscz, Michael Picart, Carlos Rivera, Joseph Valdez, Eugene Bailey, Anthony Wager (ls) (Entered: 02/18/1998)

Feb. 13, 1998

Feb. 13, 1998

PACER
26

Filed Memo-Endorsement on letter dated 2/12/98 from Georgia Pestana, granting Municipal Defendants' request for an extension until 2/17/98 to serve their reply to plaintiffs' opposition to their motion for partial summary judgment ( signed by Magistrate Judge James C. Francis IV ) (kw) Modified on 02/19/1998 (Entered: 02/18/1998)

Feb. 17, 1998

Feb. 17, 1998

PACER
28

REPLY MEMORANDUM by The City of New York in support of re: [22-1] motion pursuant to Rule 56 of the FRCP, for partial summary judgment. (kw) (Entered: 02/20/1998)

Feb. 18, 1998

Feb. 18, 1998

PACER
29

REPORT AND RECOMMENDATION; of Magistrate Judge James C. Francis IV Re: [22-1] motion pursuant to Rule 56 of the FRCP, for partial summary judgment, [22-2] motion pursuant to Rule 57 of the FRCP, for declaratory judgment on plaintiffs' claims under the Individuals with Disabilities Education Act; I recommend that the City defts' motion for summary jdgmt. as to the applicability of the IDEA be denied, that the motion for partial summary jdgmt. relating to the amendments to the IDEA be denied w/o prejudice to renew following submission of an amended complt. by the pltffs, and that declaratory relief be denied; Objections to R and R due by 5/6/98 (ls) (Entered: 04/23/1998)

April 22, 1998

April 22, 1998

PACER
30

Filed Memo Endorsement on letter to Judge Francis from Dori Lewis and Heidi Grossman, dated 5/7/98, reset discovery due for 12/15/98 ( signed by Magistrate Judge James C. Francis IV ) (cd) (Entered: 05/13/1998)

May 12, 1998

May 12, 1998

PACER
31

ORDER denying [22-1] motion pursuant to Rule 56 of the FRCP, for partial summary judgment; denying [22-2] motion pursuant to Rule 57 of the FRCP, for declaratory judgment on plaintiffs' claims under the Individuals with Disabilities Education Act, the City defts' other motion for partial summary judgment is dismissed without prejudice. The parties are directed to contact Mag. Judge Francis's Chambers to schedule further proceedings in this matter ( signed by Judge Kimba M. Wood ); Copies mailed (cd) (Entered: 06/12/1998)

June 10, 1998

June 10, 1998

PACER
32

NOTICE of change of address by Carlos Rivera (jp) (Entered: 09/29/1998)

Sept. 29, 1998

Sept. 29, 1998

PACER
33

ORDER, by April 9, 1999, the City defendants shall complete their responses to all outstanding discovery requests and shall submit a privilege log. By April 23, 1999, plaintiffs shall submit their revised discovery responses ; set plaintiff's motion to compel filing deadline for 4/23/99 ; set all fact discovery due for 7/31/99 ; Any tours of correctional facilities by plaintiffs' experts shall be completed by October 15, 1999. Plaintiffs shall submit expert reports by October 29, 1999 Defendants shall submit expert reports by November 12, 1999. All expert discovery shall be completed by November 30, 1999. The pretrial order shall be submitted by December 31, 1999 unless any dispositive motion is filed by that date. If such a motion is filed, the pretrial order shall be due thirty days after the motion is decided. (signed by Magistrate Judge James C. Francis IV); Copies mailed (djc) (Entered: 03/25/1999)

March 22, 1999

March 22, 1999

PACER

Pre-trial conference held before Mag. Judge Francis. (emil)

March 22, 1999

March 22, 1999

PACER
34

Filed Memo-Endorsement on letter to Mag Judge Francis from Dori Lewis and Janice Birnbaum, dated 4/20/99, motion filing deadline set for 4/30/99 with respect to plntfs motions to compel outstanding discovery (signed by Magistrate Judge James C. Francis IV). (cd) Modified on 04/23/1999 (Entered: 04/22/1999)

April 22, 1999

April 22, 1999

PACER
35

Filed Memo-Endorsement on letter by Janice L. Birnbaum to Magistrate Judge Francis dated 5/11/99; granting the parties request that the City Defendant shall submit their opposition to plaintiffs' motion to compel discovery and for a protective order on or before 5/13/99, and that plaintiffs shall submit their reply 4 business days later ( signed by Magistrate Judge James C. Francis IV ) (pl) (Entered: 05/12/1999)

May 11, 1999

May 11, 1999

PACER
36

Filed Memo-Endorsement on letter to Mag. Judge Francis from Janice L. Birnbaum dated 5/13/99; granting counsel for City defts request for a 1-day extension of the submission date for the City Defts opposition to pltff's pending application to compel discovery and for a protective order, and for the submission of pltff's reply papers as follows: ; the City Defts will submit their opposition to pltffs' motion on or before 5/14/99, and pltffs will submit their reply 4 business days later ; ( signed by Magistrate Judge James C. Francis IV) (ls) (Entered: 05/17/1999)

May 14, 1999

May 14, 1999

PACER
37

Letter filed by Zakunda-Ze Handberry, Marlon Coleman, Jose Colon, Irving Nooks, Austin Nunez, Carlos Luscz, Michael Picart, Carlos Rivera, Joseph Valdez, Eugene Bailey, Anthony Wager dated 5/20/99 re in response to the letter submitted by the City defendants' dated 5/14/99. (ri) (Entered: 05/25/1999)

May 24, 1999

May 24, 1999

PACER
38

SEALED DOCUMENT placed in vault (af) (Entered: 05/26/1999)

May 24, 1999

May 24, 1999

PACER
39

SEALED DOCUMENT placed in vault (kb) (Entered: 07/06/1999)

July 6, 1999

July 6, 1999

PACER
40

Memo endorsed on pltffs' request to file document under seal; Application granted ; ( signed by Magistrate Judge James C. Francis IV ); Copies mailed. (ls) (Entered: 07/06/1999)

July 6, 1999

July 6, 1999

PACER
41

ORDER; with respect to plans for program or policy changes that have not yet been implemented, the City defts' assertion of the privilege is upheld; until a change is implemented the City defts have no argument that pltffs' request for injunctive relief is moot, and it would therefore be premature to breach the privilege. By 7/6/99, the City defts shall submit for my in camera inspection the documents as to which they assert the atty-client privilege and which are listed in Exhibit A to the letter of Dori A. Lewis and Mary Lynne Werlwas dated 4/30/99. By 7/6/99, the City defts shall submit a formal response to the five documents requests idenified on page 2 of the letter of Dori A. Lewis and Mary Lynne Werlwas dated 5/20/99 ; by 7/30/99, the City defts shall produce the requested correctional and educational records for the members of the pltff class, including blind and deaf inmates, as well as the requested housing plans, subject to the protective order agreed to by the parties ; 30-days prior to the close of fact discovery, the City defts shall make a final designation of those witnesses who will actually testify at trial. The Court will not impose any arbitrary limitation on the duration of depositions in this case. However, if any deposition is unjustifiably prolonged, the party defending the deposition may seek an order requiring the shifting of costs, including attys' fees ; the deadline for completion of fact discovery is extended to 10/15/99. ( signed by Magistrate Judge James C. Francis IV ); Copies mailed. (sac) (Entered: 07/06/1999)

July 6, 1999

July 6, 1999

PACER
42

Filed Memo-Endorsement on letter addressed to Judge Francis from Blanch Greenfield, dated 7/6/99, granting defendants request for an enlargement of time, until 7/9/99, for the City defendants to produce to the Court certain documents for in camera inspection (signed by Magistrate Judge James C. Francis IV); copies mailed. (ri) (Entered: 07/07/1999)

July 6, 1999

July 6, 1999

PACER
43

Letter filed by Zakunda-Ze Handberry, Marlon Coleman, Jose Colon, Irving Nooks, Austin Nunez, Carlos Luscz, Michael Picart, Carlos Rivera, Joseph Valdez, Eugene Bailey, Anthony Wager addressed to Mag. Judge Francis from Dori A. Lewis, Mary Lynne Werlwas, dated 5/20/99, re: pltffs submit this letter in response to the letter submitted by the City Defts' dtd. 5/14/99 (ls) (Entered: 07/07/1999)

July 6, 1999

July 6, 1999

PACER
44

Letter filed by William C. Thompson Jr., Jerry Cammarata, Carol Gresser, Irene Impellizzeri, Sandra Lerner, Luis Reyes, Ninfa Segarra, Rudolph Crew, Michael Jacobson, Eric Taylor, Frederick Patrick, Board of Education, The City of New York addressed to Mag. Judge Francis from Janice L. Birnbaum, dated 5/14/99, re: the City defts request entry of an order that limits ea. deposition to one 7-hour day; counsel also writes to respond to pltffs' letter dtd. 4/30/99. (ls) (Entered: 07/07/1999)

July 6, 1999

July 6, 1999

PACER
45

Letter filed by Zakunda-Ze Handberry, Marlon Coleman, Jose Colon, Irving Nooks, Austin Nunez, Carlos Luscz, Michael Picart, Carlos Rivera, Joseph Valdez, Eugene Bailey, Anthony Wager addressed to Mag. Judge Francis IV from Dori A. Lewis, Mary Lynne Werlwas, dated 4/30/99, re: pltffs seek an order compelling City defts to respond to discovery requests and to provide answers to deposition questions; the pltffs request a conference before the Court to resolve these issues (ls) (Entered: 07/07/1999)

July 6, 1999

July 6, 1999

PACER
46

ORDER, regarding resolution of certain documants for in camera review submitted by the City defendants (signed by Magistrate Judge James C. Francis IV); Copies mailed. (djc) Modified on 07/23/1999 (Entered: 07/21/1999)

July 20, 1999

July 20, 1999

PACER
47

STIPULATION and PROTECTIVE ORDER, regarding procedures that will govern the handling of "Covered Documents" ( signed by Magistrate Judge James C. Francis IV ). (cd) Modified on 07/30/1999 (Entered: 07/28/1999)

July 27, 1999

July 27, 1999

PACER
48

STIPULATION and ORDER, defendants Board of Education of the City of NY and City of NY shall provide counsel for plaintiffs and defendant Mills with the educational records of members of the plaintiff class who are under 18 at the time they signed releases for such records. The records shall be produced two weeks from the date of mailing of the notice to parents or guardians set forth in this stip and order. Counsel for the City defendants shall send via first class mail copies of the notice annexed hereto. Plaintiffs' counsel shall provide the City defendants' counsel with a complete copy of any written communications received concerning the education records. All verbal inquiries shall be responded to by joint conference call including counsel for plaintiffs and counsel for City defendants. ( signed by Magistrate Judge James C. Francis IV ). (djc) Modified on 07/29/1999 (Entered: 07/28/1999)

July 27, 1999

July 27, 1999

PACER
49

Filed Memo-Endorsement on letter addressed to Mag. Judge Francis from Janice L. Birnbaum, dated 07/27/99, atty for defendants enclose for in camera review copies of the drafts of the Inter-Agency Agreement and related documents. Each of the drafts of the Inter-Agency Agreement and the related documents are protected from disclosure by the attorney-client privilege and/or the work product (signed by Magistrate Judge James C. Francis IV); Copies mailed. (djc) Modified on 08/30/1999 (Entered: 08/26/1999)

Aug. 25, 1999

Aug. 25, 1999

PACER
50

Notice of reassignment to Judge Constance B. Motley. Copy of notice and judge's rules mailed to Attorney(s) of record: Dori A. Lewis. (em) (Entered: 08/26/1999)

Aug. 26, 1999

Aug. 26, 1999

PACER
51

NOTICE of change of address by Carlos Rivera (djc) (Entered: 09/03/1999)

Aug. 31, 1999

Aug. 31, 1999

PACER

Received copy of Notice of Re-Assignment which had been sent to Dori A. Lewis, Esq., and returned by the U.S.P.O. stamped: "Returned To Sender, Moved, Not Forwardable". (em)

Sept. 2, 1999

Sept. 2, 1999

PACER
52

Filed Memo-Endorsement on letter addressed to Mag. Judge Francis from Dori A. Lewis, Mary Lynne Werl, dated 9/8/99, re: request that deadlines for both fact and expert discovery be extended for 3 months, respectively. APPLICATION GRANTED. No further extensions . ( signed by Magistrate Judge James C. Francis IV ); Copies mailed. (sn) (Entered: 09/10/1999)

Sept. 9, 1999

Sept. 9, 1999

PACER
53

ORDER, parties are notified that this matter has been reassignd from the Hon. Kimba M. Wood to the Hon. Constance Baker Motley ; set pre-trial conference for 2:00 p.m. on 10/20/99. The parties should be prepared to argue any outstanding motions (signed by Judge Constance B. Motley); Copies mailed. (djc) Modified on 09/13/1999 (Entered: 09/13/1999)

Sept. 10, 1999

Sept. 10, 1999

PACER
55

ORDER; Eugene Bailey, DIN 97 A 1420, an inmate currently incarcerated at Greenhaven Correctional Facility, shall appear in the place designated by the Superintendent of GHCf, so that Mr. Bailey's deposition may be taken at GHCF beginning at 10:00 a.m. on Tuesday, 10/19/99, and for so long thereafter as the deposition continues, with the continuation date to be agreed to by counsel for all parties and when feasible as soon after the original deposition date as possible ; the superintendent of other official in charge of the current place of incarceration of the inmates listed below, shall produce and transport these inmates from their present place of incarceration to the Sing Sing Correctional Facility, Ossining, New York, so that they may be prepared for and have their depositions taken on the dates listed below, and for so long thereafter as the deposition continues, with the continuation date to be agreed to by counsel for all parties and when feasible as soon after the original depositon date as possible. Each inmate listed in the above paragraph shall appear in the place designated by the Superintendent or other official in charge of the Sing Sing Correctional Facility so that the inmate may be prepared for and have his deposition taken as set forth in this order . ( signed by Magistrate Judge James C. Francis IV ); Copies mailed. (pl) (Entered: 09/29/1999)

Sept. 27, 1999

Sept. 27, 1999

PACER
54

ORDER, in connection with the inspection of school programs at Rikers Island jail facilities, the City defts shall produce for use only by plntfs' counsel and their experts the class attendance list for each class visited, including the name and inmate number of each student, as further set forth in this document. Counsel may suggest questions to their respective experts ( signed by Judge Constance B. Motley ); Copies mailed. (cd) (Entered: 09/29/1999)

Sept. 28, 1999

Sept. 28, 1999

PACER
56

ORDER the Supt. or other official in charge of the current place of incarceration of the following inmates: Michael Johnson, Lamar Jones, Andres Martinez, Kareem Miller, Austin Nunez, Luis Ortiz, Choice Scott, Melissa Wallace, and Jamel White, shall produce and transport the male inmates from their present place of incarceration to the Sing Sing Correctional Facility and the female inmates from their present place of incarceration to Bedford Hills Correctional Facility so that the inmates may be prepared for and have their depositions taken on the dates set forth in this Order, and for so long thereafter as the deposition continues, with the continuation date to be agreed to by counsel for all parties and when feasible as soon after the original deposition date as possible . ( signed by Magistrate Judge James C. Francis IV ); Copies mailed. (emil) (Entered: 10/08/1999)

Oct. 8, 1999

Oct. 8, 1999

PACER
57

ORDER, at the request of the plaintiff the pre-trial conference scheduled for October 20, 1999 is rescheduled ; The parties are notified that a pre-trial conference in this action is scheduled for 10:30 a.m. on Wednesday, November 17, 1999 in courtroom 26-A in the United States Courthouse at 500 Pearl Street. All parties must arrive prepared for hearing on all pending motions ; (signed by Judge Constance B. Motley); Copies mailed. (djc) Modified on 10/13/1999 (Entered: 10/12/1999)

Oct. 12, 1999

Oct. 12, 1999

PACER
58

PRE-TRIAL SCHEDULE and ORDER: the next pre-trial conference shall be held in Room 26A on 1/7/00 at 10:00 a.m., at which time the motion will be heard; pltffs are directed to file a motion for declaratory judgment that their rights to education while incarcerated have been violated and for an Order directing defts to file a plan for meeting the educational requirements of pltff on or before 12/1/99; defts will have until 12/15/99 to answer; pltff will have until 12/22/99 to reply. ( signed by Judge Constance B. Motley ); Copies mailed. (jp) Modified on 11/23/1999 (Entered: 11/22/1999)

Nov. 19, 1999

Nov. 19, 1999

PACER
59

ORDER, by order of 11/17/99, pltffs were instructed to file a motion for declaratory judgment by 12/1/99; defts to file an answer by 12/15/99; and pltffs to reply by 12/22/99. The parties joint request to reconsider [58-1] Scheduling order or postpont these filing deadlines is denied . ( signed by Judge Constance B. Motley ); Copies mailed. (sn) Modified on 11/29/1999 (Entered: 11/29/1999)

Nov. 23, 1999

Nov. 23, 1999

PACER
60

SEALED DOCUMENT placed in vault. (af) (Entered: 12/03/1999)

Dec. 3, 1999

Dec. 3, 1999

PACER
61

Memo-Endorsement on letter addressed to Mag. Judge Francis from Janice L. Birnbaum, dated 11/29/99. Re: the parties jointly request a brief conference before the Court to discuss the timely completion of discovery in light of the briefing schedule and motion pending before Judge Motley. Application denied; The discovery schedule shall be adhered to ; ( by Magistrate Judge James C. Francis IV ); copies mailed. (ls) (Entered: 12/06/1999)

Dec. 3, 1999

Dec. 3, 1999

PACER
62

ORDER, the deft's request to postpone the deadline for the opposition brief to plntfs motion for declaratory judgment until 12/17/99 is granted. The plntf's request to postpone the deadline for filing the reply brief until 1/3/00 is granted. All page limits remain in effect ( signed by Judge Constance B. Motley ); Copies mailed. (cd) Modified on 12/20/1999 (Entered: 12/16/1999)

Dec. 15, 1999

Dec. 15, 1999

PACER
65

SEALED DOCUMENT placed in vault. (da) (Entered: 12/28/1999)

Dec. 18, 1999

Dec. 18, 1999

PACER
63

NOTICE OF CROSS MOTION by William C. Thompson Jr., Jerry Cammarata, Carol Gresser, Irene Impellizzeri, Sandra Lerner, Luis Reyes, Ninfa Segarra, Rudolph Crew, Richard Mills, Michael Jacobson, Eric Taylor, Frederick Patrick, Board of Education, The City of New York; for an order pursuant for summary judgment and dismissing the Complaint ; w/ attch. Rule 56.1stmt., declarations in support by Wagenstein Lisante, Ortiz, Volpini, Ray and Amended Delaration in support by Colon; Return date: 1/7/2000. (pl) (Entered: 12/27/1999)

Dec. 22, 1999

Dec. 22, 1999

PACER
64

MEMORANDUM OF LAW by William C. Thompson Jr., Jerry Cammarata, Carol Gresser, Irene Impellizzeri, Sandra Lerner, Luis Reyes, Ninfa Segarra, Rudolph Crew, Richard Mills, Michael Jacobson, Eric Taylor, Frederick Patrick, Board of Education, The City of New York in suppoet of re: [63-1] cross motion an order pursuant for summary judgment and dismissing the Complaint and in opposition to plaintiffs' motion for declaratory and parital summary judgment; w/ attch. appendix (pl) Modified on 12/27/1999 (Entered: 12/27/1999)

Dec. 22, 1999

Dec. 22, 1999

PACER
66

SEALED DOCUMENT placed in vault. (da) (Entered: 12/28/1999)

Dec. 28, 1999

Dec. 28, 1999

PACER
67

MEMORANDUM OF LAW by Zakunda-Ze Handberry, Marlon Coleman, Jose Colon, Irving Nooks, Austin Nunez, Carlos Luscz, Michael Picart, Carlos Rivera, Joseph Valdez, Eugene Bailey, Anthony Wager in opposition to [63-1] cross motion for an order pursuant for summary judgment and dismissing the Complaint; and reply memorandum in support of pltffs' motion for declaratory judgment and partial summary judgment. (Rec'd in N.B. 1/3/00 8:50 PM) (sn) Modified on 01/05/2000 (Entered: 01/05/2000)

Jan. 3, 2000

Jan. 3, 2000

PACER
68

ANNOTATED RULE 56.1 STATEMENT in support of motion for delcaratory judgment and partial summary judgment filed by Zakunda-Ze Handberry, Marlon Coleman, Jose Colon, Irving Nooks, Austin Nunez, Carlos Luscz, Michael Picart, Carlos Rivera, Joseph Valdez, Eugene Bailey, Anthony Wager. (Rec'd in N.B. 1/3/00 8:51 PM) (sn) (Entered: 01/05/2000)

Jan. 3, 2000

Jan. 3, 2000

PACER
69

RESPONSE to City Defts' Rule 56.1 statement of facts in support of their cross-motion for summary judgment by Zakunda-Ze Handberry, Marlon Coleman, Jose Colon, Irving Nooks, Austin Nunez, Carlos Luscz, Michael Picart, Carlos Rivera, Joseph Valdez, Eugene Bailey, Anthony Wager. (Rec'd in N.B. 1/3/00 8:51 PM) (sn) Modified on 01/05/2000 (Entered: 01/05/2000)

Jan. 3, 2000

Jan. 3, 2000

PACER
70

ORDER; defts' request to adjourn the conference scheduled for 1/7/00 is denied; all other deadlines remain in effect ; ( signed by Judge Constance B. Motley ); copies mailed (ls) (Entered: 01/11/2000)

Jan. 11, 2000

Jan. 11, 2000

PACER
71

SCHEDULE and ORDER: that the next pre-trial conference shall be held in Room 26A on 6/15/00 at 10:00 a.m., at which time all objections to the defts plan will be heard; the motion for a declaratory judgment by pltff in its favor is granted as to all facilities at Riker's Island ; opinion follows, defts will have until 4/14/00 to serve and file a plan for providing full and complete educational facilities and services to all eligible Riker's Island inmates. Pltffs will have until 6/12/00 to file its objections. There will be no extensions of time granted as to the foregoing schedule . ( signed by Judge B. Motley ); Copies mailed. (jp) (Entered: 01/14/2000)

Jan. 13, 2000

Jan. 13, 2000

PACER
72

Letter filed by William C. Thompson Jr., Jerry Cammarata, Carol Gresser, Irene Impellizzeri, Sandra Lerner, Luis Reyes, Ninfa Segarra, Rudolph Crew, Richard Mills, Michael Jacobson, Eric Taylor, Frederick Patrick, Board of Education, The City of New York addressed to Magistrate Judge Francis from Janice L. Birnbaum in support of their request for an order limiting the tours of pltffs' security and educational experts. (sac) (Entered: 01/25/2000)

Jan. 20, 2000

Jan. 20, 2000

PACER
73

Letter filed by Zakunda-Ze Handberry, Marlon Coleman, Jose Colon, Irving Nooks, Austin Nunez, Carlos Luscz, Michael Picart, Carlos Rivera, Joseph Valdez, Eugene Bailey, Anthony Wager addressed to Magistrate Judge Francis from Dori A. Lewis and Mary Lynne Werlwas, dated 9/27/99; Re: pltffs write to oppose the City defts' motion for a protective order. (sac) (Entered: 01/25/2000)

Jan. 20, 2000

Jan. 20, 2000

PACER
74

Letter filed by William C. Thompson Jr., Jerry Cammarata, Carol Gresser, Irene Impellizzeri, Sandra Lerner, Luis Reyes, Ninfa Segarra, Rudolph Crew, Richard Mills, Michael Jacobson, Eric Taylor, Frederick Patrick, Board of Education, The City of New York addressed to Magistrate Judge Francis from Georgia Pestana, dated 12/1/97; Re: counsel writes to present the City defts' position with respect to the proposed invocation of the deliberative process privilege in upcoming depositions. (sac) (Entered: 01/25/2000)

Jan. 20, 2000

Jan. 20, 2000

PACER
75

Letter filed by Zakunda-Ze Handberry, Marlon Coleman, Jose Colon, Irving Nooks, Austin Nunez, Carlos Luscz, Michael Picart, Carlos Rivera, Joseph Valdez, Eugene Bailey, Anthony Wager addressed to Magistrate Judge Francis from Marta Nelson, dated 12/3/97; Re: pltffs write briefly in response to defts' 12/1 letter regarding their assertion of the deliberative process privilege. (sac) (Entered: 01/25/2000)

Jan. 20, 2000

Jan. 20, 2000

PACER
76

Letter filed by Zakunda-Ze Handberry, Marlon Coleman, Jose Colon, Irving Nooks, Austin Nunez, Carlos Luscz, Michael Picart, Carlos Rivera, Joseph Valdez, Eugene Bailey, Anthony Wager addressed to Magistrate Judge Francis from Dori A. Lewis, dated 12/10/99; Re: pltffs submit this letter brief as a motion purs. to FRCP 26 and 27 to compel the City defts to respond to discovery demands. (sac) (Entered: 01/25/2000)

Jan. 20, 2000

Jan. 20, 2000

PACER
77

Letter filed by William C. Thompson Jr., Jerry Cammarata, Carol Gresser, Irene Impellizzeri, Sandra Lerner, Luis Reyes, Ninfa Segarra, Rudolph Crew, Richard Mills, Michael Jacobson, Eric Taylor, Frederick Patrick, Board of Education, The City of New York addressed to Magistrate Judge Francis from Janice L. Birnbaum, dated 1/2/00; Re: this letter is submitted both (a) as a cross-motion to quash the deposition notices for Deputy Warden Rivituso, Deputy Warden Skinner, and Esteban Colon, to set time limits on 31 other noticed depositions of fact witnesses for the City Defts, and to limit the scope of the documents to be produced under the deposition notices directed to the custodians of records at four of DOC jails, and (b) in response to pltffs' letter to Your Honor dated 12/10/99, to compel certain discovery. (sac) (Entered: 01/25/2000)

Jan. 20, 2000

Jan. 20, 2000

PACER
78

Letter filed by Zakunda-Ze Handberry, Marlon Coleman, Jose Colon, Irving Nooks, Austin Nunez, Carlos Luscz, Michael Picart, Carlos Rivera, Joseph Valdez, Eugene Bailey, Anthony Wager addressed to Mag. Judge Francis from Marta Nelson, Dori A. Lewis, dated 11/21/97, re: counsel for pltffs write to apprise the Court of a controversey regarding defts' proposed invocation of the deliberative process privilege to stop certain questions pltffs plan to ask of City policymakers during their upcoming depositions. (sn) (Entered: 01/25/2000)

Jan. 20, 2000

Jan. 20, 2000

PACER
79

NOTICE of change of office phone number by Board of Education, The City of New York (pl) (Entered: 02/14/2000)

Feb. 10, 2000

Feb. 10, 2000

PACER
80

Transcript of record of proceedings before Judge Constance B. Motley for the date(s) of 1/7/00. (cd) (Entered: 03/07/2000)

March 7, 2000

March 7, 2000

PACER
81

OPINION GRANTING DECLARATORY JUDGMENT #83619, for the reasons (outlined within this document) the court granted plntfs' motion for declaratory judgment, establishing the City defts' liability for failure to provide adequate general and special educational services to class members at the facilities on Rikers Island ( signed by Judge Constance B. Motley ); Copies mailed. (cd) (Entered: 03/14/2000)

March 13, 2000

March 13, 2000

PACER
82

Education Plan For The Rikers Island Academies by The City Defts. defts (ls) Modified on 05/08/2000 (Entered: 05/08/2000)

May 3, 2000

May 3, 2000

PACER
83

ORDER; pltffs' request to postpone the deadline for their response to defts' remedial plan and the hearing thereon is granted; pltffs' response is due by Friday, 6/23/00 ; the hearing on defts' remedial plan will be held on Wednesday, 6/28/00 at 10:00 a.m., in Courtroom 26A at 500 Pearl Street ; ( signed by Judge Constance B. Motley ); Copies mailed. (lf) (Entered: 05/11/2000)

May 10, 2000

May 10, 2000

PACER
84

NOTICE OF MOTION by Zakunda-Ze Handberry, Marlon Coleman, Jose Colon, Irving Nooks, Austin Nunez, Carlos Luscz, Michael Picart, Carlos Rivera, Joseph Valdez, Eugene Bailey, Anthony Wager purs. to FRCP 56 for declaratory judgment and partial summary judgment against defts the City of New York, the Board of Education of the City of New York, William C. Thompson, Jr., Jerry Cammarata, Carol Gresser, Irene Impellizzeri, Sandra Lerner, Luis Reyes, Ninfa Segarra, Rudolph Crew, Michael Jacobson, Eric Taylor and Frederick Patrick . Return date 1/7/00. (Originally received in Mag. Judge Francis' chambers in Dec. 1999. Received for docketing on 6/14/00) (emil) (Entered: 06/15/2000)

June 14, 2000

June 14, 2000

PACER
85

MEMORANDUM OF LAW by Zakunda-Ze Handberry, Marlon Coleman, Jose Colon, Irving Nooks, Austin Nunez, Carlos Luscz, Michael Picart, Carlos Rivera, Joseph Valdez, Eugene Bailey, Anthony Wager in support of [84-1] motion purs. to FRCP 56 for declaratory judgment and partial summary judgment against defts the City of New York, the Board of Education of the City of New York, William C. Thompson, Jr., Jerry Cammarata, Carol Gresser, Irene Impellizzeri, Sandra Lerner, Luis Reyes, Ninfa Segarra, Rudolph Crew, Michael Jacobson, Eric Taylor and Frederick Patrick. (Originally received in Mag. Judge Francis' chambers in Dec. 1999. Received for docketing on 6/14/00) (emil) (Entered: 06/15/2000)

June 14, 2000

June 14, 2000

PACER
86

RULE 56.1 STATEMENT filed by Zakunda-Ze Handberry, Marlon Coleman, Jose Colon, Irving Nooks, Austin Nunez, Carlos Luscz, Michael Picart, Carlos Rivera, Joseph Valdez, Eugene Bailey, Anthony Wager. (Originally received in Mag. Judge Francis' chambers in Dec. 1999. Received for docketing on 6/14/00) (emil) (Entered: 06/15/2000)

June 14, 2000

June 14, 2000

PACER
87

DECLARATION of Dori A. Lewis by Zakunda-Ze Handberry, Marlon Coleman, Jose Colon, Irving Nooks, Austin Nunez, Carlos Luscz, Michael Picart, Carlos Rivera, Joseph Valdez, Eugene Bailey, Anthony Wager in support Re: [84-1] motion purs. to FRCP 56 for declaratory judgment and partial summary judgment against defts the City of New York, the Board of Education of the City of New York, William C. Thompson, Jr., Jerry Cammarata, Carol Gresser, Irene Impellizzeri, Sandra Lerner, Luis Reyes, Ninfa Segarra, Rudolph Crew, Michael Jacobson, Eric Taylor and Frederick Patrick. (Originally received in Mag. Judge Francis' chambers in Dec. 1999. Received for docketing on 6/14/00) (emil) (Entered: 06/15/2000)

June 14, 2000

June 14, 2000

PACER
88

Exhibits in support of pltffs' motion for declaratory judgment and partial summary judgment - Volume 1. (Originally received in Mag. Judge Francis' chambers in Dec. 1999. Received for docketing on 6/14/00) (emil) Modified on 06/15/2000 (Entered: 06/15/2000)

June 14, 2000

June 14, 2000

PACER
89

Exhibits in support of pltffs' motion for declaratory judgment and partial summary judgment - Volume II. (Originally received in Mag. Judge Francis' chambers in Dec. 1999. Received for docketing on 6/14/00) (emil) (Entered: 06/15/2000)

June 14, 2000

June 14, 2000

PACER
90

Exhibits in support of pltffs' motion for declaratory judgment and partial summary judgment - Volume III. (Originally received in Mag. Judge Francis' chambers in Dec. 1999. Received for docketing on 6/14/00) (emil) Modified on 06/15/2000 (Entered: 06/15/2000)

June 14, 2000

June 14, 2000

PACER
91

Exhibits in support of pltffs' motion for declaratory judgment and partial summary judgment - Volume IV. (Originally received in Mag. Judge Francis' chambers in Dec. 1999. Received for docketing on 6/14/00) (emil) (Entered: 06/15/2000)

June 14, 2000

June 14, 2000

PACER
92

Objection(s) by Zakunda-Ze Handberry, Marlon Coleman et al to City Defts' Education Plan for the Rikers Island Academies (cd) (Entered: 06/27/2000)

June 23, 2000

June 23, 2000

PACER
93

DECLARATION of Robert Rutherford by Zakunda-Ze Handberry, Marlon Coleman in support Re: [92-1] miscellaneous . (cd) (Entered: 06/27/2000)

June 23, 2000

June 23, 2000

PACER
94

DECLARATION of Robert Sattler by Zakunda-Ze Handberry, Marlon Coleman in support Re: [92-1] miscellaneous . (cd) (Entered: 06/27/2000)

June 23, 2000

June 23, 2000

PACER
95

DECLARATION of Patrick McManus by Zakunda-Ze Handberry, Marlon Coleman et al in support Re: [92-1] miscellaneous (cd) (Entered: 06/27/2000)

June 23, 2000

June 23, 2000

PACER
96

ORDER; regarding City's proposed plan after the hearings of June 28 and June 29,000, the Court order as set forth in this Order; the next conference in this case will be held on 9/11/00 at 3:30 p.m. in Courtroom 26A . ( signed by Judge Constance B. Motley ); Copies mailed. (pl) (Entered: 06/30/2000)

June 30, 2000

June 30, 2000

PACER
97

Transcript of record of proceedings before Judge Constance B. Motley for the date(s) of 6/29/00. (jp) (Entered: 09/06/2000)

Sept. 6, 2000

Sept. 6, 2000

PACER

Case Details

State / Territory: New York

Case Type(s):

Jail Conditions

Key Dates

Filing Date: Aug. 14, 1996

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

City prison inmates, between ages 16 and 21 and held in 16 DOC jails including 10 on Rikers Island who were not provided adequate educational services while in prison.

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

Legal Services/Legal Aid

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

New York City Board of Education (New York), City

New York City Department of Correction (New York), City

New York State Education Department, State

Defendant Type(s):

Corrections

Case Details

Causes of Action:

42 U.S.C. § 1983

Americans with Disabilities Act (ADA), 42 U.S.C. §§ 12111 et seq.

Indv. w/ Disab. Educ. Act (IDEA), Educ. of All Handcpd. Children Act , 20 U.S.C. § 1400

State law

Availably Documents:

Trial Court Docket

Non-settlement Outcome

Any published opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Source of Relief:

Litigation

Order Duration: 2000 - None

Content of Injunction:

Monitoring

Reporting

Issues

General:

Education

Juveniles

Type of Facility:

Government-run