Case: Donhauser v. Goord

9:01-cv-01535 | U.S. District Court for the Northern District of New York

Filed Date: Oct. 10, 2001

Closed Date: 2010

Clearinghouse coding complete

Case Summary

On October 10, 2001, the plaintiff, an inmate at the Oneida Correctional Facility in New York, filed suit in the United States District Court for the Northern District of New York. The plaintiff filed pro se (though counsel began representing the plaintiff in 2004) and brought a claim under 42 U.S.C. § 1983 against a number of defendants, including the commissioner of the New York State Department of Correctional Services ("DOCS") as well as other DOCS officials. The case was before Judge David…

On October 10, 2001, the plaintiff, an inmate at the Oneida Correctional Facility in New York, filed suit in the United States District Court for the Northern District of New York. The plaintiff filed pro se (though counsel began representing the plaintiff in 2004) and brought a claim under 42 U.S.C. § 1983 against a number of defendants, including the commissioner of the New York State Department of Correctional Services ("DOCS") as well as other DOCS officials. The case was before Judge David Hurd.

The plaintiff claimed that these officials violated his First, Fourth, and Fifth Amendment rights by requiring him to participate in a Sex Offenders Rehabilitation Program that required him to give a detailed account of his sexual history and to admit responsibility for the instant offense.

The plaintiff first alleged that requiring him to admit responsibility and disclose their entire sexual history as a condition of the program violated the Fifth Amendment because it could incriminate him and subject him to further criminal charges. Additionally, the plaintiff alleged that his refusal to participate in the program would lead to additional consequences, including: higher classification status under Megan's Law, a loss of good time credits, denial of his parole consideration, and other loss of privileges such as organizations and programs and transfers to other facilities with better trade programs. The plaintiff sought declaratory and injunctive relief in the form of an order prohibiting DOCS from mandating a detailed written disclosure of a participant's instant offense and sexual autobiography. The plaintiff also alleged that this practice violated a Fourth Amendment right to privacy.

On April 15, 2004, after almost three years of litigation over procedural questions such as the form of the complaint and various discovery disputes, the Court granted in part the defendants' motion to dismiss the plaintiff's second amended complaint. The Court dismissed the plaintiff's privacy claim, Equal Protection claim, Due Process claim, and Fifth Amendment claim to the extent that it relates to the denial of parole. However, the Court did not dismiss the plaintiff's Fifth Amendment claim related to the loss of good time credits. The defendant argued that because participation in the program was not part of the plaintiff's sentence, but instead was only recommended, there was no compelled self-incrimination. The Court rejected this argument with respect to the Fifth Amendment claim based on the threatened loss of good time credits, explaining that labeling the program "recommended" or "voluntary" did not necessarily determine if the plaintiff was compelled for Fifth Amendment purposes.

That same day, the Court granted in part the plaintiff's motion for a preliminary injunction on that Fifth Amendment claim, holding that while the plaintiff was not entitled to a preliminary injunction restoring his lost good time credits, the plaintiff was entitled to an order enjoining defendants from requiring participants, as part of the SOCP, to divulge a history of sexual conduct, including illegal acts for which no criminal charges had been filed.

On April 23, the Court amended that to issue a system-wide preliminary injunction enjoining the defendants from denying any prisoner good time credits based on a refusal to provide his sexual history so as to be eligible for SOCP. The defendants appealed, and in June 2004, the Second Circuit stayed the preliminary injunction pending the defendant's appeal of the District Court's order.

Around this time, the plaintiff moved to certify a class, which was held in abeyance for some time pending a determination of the appeal before the Second Circuit. However, that stay on the motion for class certification was lifted on February 1, 2005, after plaintiff filed to lift the stay and defendants did not oppose.

The District Court went on to grant the motion for class certification, this time over opposition from the defendants, on February 15, 2005. The Class was defined as "Current or former New York State prisoners who have lost or been denied good time credits or have been threatened with the loss or denial of good time credits because of a refusal to admit guilt to criminal sexual conduct as part of the Sexual Offender Counseling Program."

On March 22, 2006, the Second Circuit ruled on the appeal regarding the district court's system-wide preliminary injunction enjoining defendants from denying good time credits based on a refusal to provide his sexual history so as to be eligible for SOCP. The Circuit Court vacated and remanded on the grounds that the district court had not complied with Federal Rule of Civil Procedure 52(a)'s requirement that a trial court state its findings and conclusions explicitly when granting or denying a preliminary injunction. Specifically, the Circuit Court held that the district court's findings were not clear with respect to whether DOCS denied good time credit as an automatic and direct result of a prisoner's refusal to provide the requested sexual history. Donhauser v. Goord, 181 Fed.Appx. 11, 2006 WL 1525720 (2nd Cir. Mar. 22, 2006).

Some years of further litigation, which focused largely on discovery and other procedural matters, passed before the parties proposed a class action settlement agreement on March 13, 2008. Objections to the agreement were filed under seal with the Court, and on September 23, 2008, the Court directed the parties to submit a revised Private Settlement Agreement. The parties did so on October 3, 2008.

Two weeks later, the Court approved the October 3 revised private settlement agreement as "fair, reasonable, and adequate," and dismissed the class action with prejudice. In the settlement agreement, defendants denied all allegations regarding any violations of the class member's Fifth Amendment rights, but agreed to provide inmates admitted to the SOCP program with a "Limits of Confidentiality, Partial Waiver of Confidentiality and Acknowledgment" form that set forward the program's policy with respect to confidentiality and reporting requirements.

Significantly, this form would disclose to inmates that they were not required to admit the commission of a particular crime, whether that crime resulted in the present commitment or not. Instead, inmates could successfully complete the program by discussing behavior in general terms without: providing the full names of victims; disclosing the exact dates, times, or places of the sexual offending behavior; or admitting to any specific crime or the violation of any specific section of the penal law. However, successful completion of the program did require inmates to demonstrate acceptance of responsibility for the conduct that resulted in conviction and demonstrate an understanding of their sexual offending behavior and cycle of abuse. The form also informed inmates that no written or oral statements made by them in conjunction with treatment services rendered in connection with the SOCP could be used against them in any subsequent criminal proceeding. Finally, it forbade inmates from revealing in any subsequent criminal proceeding any information disclosed by another inmate in a group therapy session or otherwise disclosed in conjunction with treatment services rendered as part of the SOCP program.

The agreement also provided for compliance monitoring by plaintiff's counsel, and for defendants to pay plaintiff's counsel $28,920 in attorney's fees. Finally, the agreement was set to remain in effect for a period of 2 years from the date it was signed by the parties. After that, consistent with provisions of 18 USCA § 3626(b)(2), the terms and conditions of the agreement would automatically cease to bind the parties, and all claims on behalf of the plaintiffs would be discontinued and dismissed with prejudice.

In 2009, a class member filed a motion to reopen the case and alleged that the defendants violated the preliminary injunction issued in 2004. However, because that injunction had been vacated by the Second Circuit, the District Court treated the motion as a request under the settlement agreement, and denied the motion to reopen the case, finding that the request was premature because the settlement's requirement that class members give defendants notice before bringing a claim had not been met.

As the agreement was positioned to automatically cease in 2010, the case is presumably closed.

Summary Authors

Katie Chan (11/17/2017)

Chris Pollack (3/7/2019)

People

For PACER's information on parties and their attrorneys, see: https://www.courtlistener.com/docket/5376278/parties/donhauser-v-goord/


Judge(s)

Hall, Peter W. (Vermont)

Hurd, David N. (New York)

Lowe, George H (New York)

Pooler, Rosemary S. (New York)

Sharpe, Gary L. (New York)

Attorneys(s) for Plaintiff

Isseks, Robert Nathan (New York)

Attorneys(s) for Defendant

Brown, Megan M. (New York)

Goglia, Douglas J. (New York)

Moran, Maria (New York)

Rock, Gerald J. (New York)

Judge(s)

Hall, Peter W. (Vermont)

Hurd, David N. (New York)

Lowe, George H (New York)

Pooler, Rosemary S. (New York)

Sharpe, Gary L. (New York)

Attorneys(s) for Plaintiff

Isseks, Robert Nathan (New York)

Attorneys(s) for Defendant

Brown, Megan M. (New York)

Goglia, Douglas J. (New York)

Moran, Maria (New York)

Rock, Gerald J. (New York)

Sheingold, Nelson (New York)

Documents in the Clearinghouse

Document

9:01-cv-01535

Docket [PACER]

Oct. 12, 2010

Oct. 12, 2010

Docket
4

9:01-cv-01535

Notice of Motion for a Preliminary Injunction

Oct. 10, 2001

Oct. 10, 2001

Pleading / Motion / Brief
1

9:01-cv-01535

Inmate Civil Rights Complaint Pursuant to 42 U.S.C. Section 1983

Oct. 10, 2001

Oct. 10, 2001

Complaint
13

9:01-cv-01535

Second Amended Complaint

April 23, 2002

April 23, 2002

Complaint
25

9:01-cv-01535

Motion to Dismiss

July 18, 2002

July 18, 2002

Pleading / Motion / Brief
29

9:01-cv-01535

Motion for Preliminary and Permanent Injunction

July 26, 2002

July 26, 2002

Pleading / Motion / Brief
45

9:01-cv-01535

Order

Oct. 3, 2002

Oct. 3, 2002

Order/Opinion
48

9:01-cv-01535

Report-Recommendation

Jan. 22, 2003

Jan. 22, 2003

Magistrate Report/Recommendation
54

9:01-cv-01535

Motion for Preliminary and/or Permanent Injunction

June 19, 2003

June 19, 2003

Pleading / Motion / Brief
80

9:01-cv-01535

Memorandum Decision and Order

April 15, 2004

April 15, 2004

Order/Opinion

Docket

See docket on RECAP: https://www.courtlistener.com/docket/5376278/donhauser-v-goord/

Last updated Jan. 18, 2023, 3:21 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT filed; (fce) Additional attachment(s) added on 7/21/2005 (see, ). (Entered: 10/10/2001)

Oct. 10, 2001

Oct. 10, 2001

2

In Forma Pauperis Application filed by David Donhauser (fce) Additional attachment(s) added on 7/21/2005 (see, ). (Entered: 10/10/2001)

Oct. 10, 2001

Oct. 10, 2001

3

Executed Inmate Authorization Form for In Forma Pauperis (Incremental filing fee payments) for − David Donhauser (fce) Additional attachment(s) added on 7/21/2005 (see, ). (Entered: 10/10/2001)

Oct. 10, 2001

Oct. 10, 2001

4

MOTION by David Donhauser for Temporary Restraining Order Motion returnable before Judge/Mag. Judge: Sharpe (fce) Additional attachment(s) added on 7/21/2005 (see, ). (Entered: 10/10/2001)

Oct. 10, 2001

Oct. 10, 2001

Motion(s) referred: [4−1] motion for Temporary Restraining Order referred to Magistrate Judge Gary L. Sharpe (fce) (Entered: 10/10/2001)

Oct. 10, 2001

Oct. 10, 2001

5

DOCUMENT REJECTION ORDER as to Mauern Ashford El; request to be added as a plaintiff to the action must be in a form of a motion. ( signed by Magistrate Judge Gustave J. DiBianco ) Date Entered: 10/23/01 (fce) Additional attachment(s) added on 7/21/2005 (see, ). (Entered: 10/23/2001)

Oct. 23, 2001

Oct. 23, 2001

6

DOCUMENT REJECTION ORDER as to Richard Schwartz and Roy C. Holmes; a motion must be filed before additional parties can be added as plaintiffs in this action. ( signed by Magistrate Judge Gustave J. DiBianco ) Date Entered: 10/24/01 (fce) Additional attachment(s) added on 7/21/2005 (see, ). (Entered: 10/24/2001)

Oct. 24, 2001

Oct. 24, 2001

7

DOCUMENT REJECTION ORDER as to Joseph Hutzler; request to be added as a plaintiff in this action must be done by motin. ( signed by Magistrate Judge Gustave J. DiBianco ) Date Entered: 10/26/01 (fce) Additional attachment(s) added on 7/21/2005 (see, ). (Entered: 10/26/2001)

Oct. 26, 2001

Oct. 26, 2001

8

ORDER rejecting the request of Leon Gant, Sr. to be added as a plaintiff in this action, for not being in the form of a motion. ( signed by Magistrate Judge Gustave J. DiBianco ) Date Entered: 10/31/01 (rjb) Additional attachment(s) added on 7/21/2005 (see, ). (Entered: 10/31/2001)

Oct. 30, 2001

Oct. 30, 2001

9

Order Directing Compliance as to David Donhauser. Plaintiff ordered to file an amended complaint within 30 days of the date of this order or the action shall be dismissed without further order of the court. Plaintiff's IFP application is granted and clerk directed to provide supt. of the facility with copy of the Inmate Authorization form. If plaintiff complies with this order, the file shall be forwarded to the undersigned for further review. Date Served: 11/1/01 Date Entered: 11/02/01 Notice of compliance due by 12/1/01 Clerk's action due by 12/31/01 ( Signed by Judge David N. Hurd ) (fce) (Entered: 11/02/2001)

Nov. 1, 2001

Nov. 1, 2001

9

ORDER denying [4−1] motion for Temporary Restraining Order, granting [2−1] application ( signed by Judge David N. Hurd ) (fce) (Entered: 11/02/2001)

Nov. 2, 2001

Nov. 2, 2001

Forwarded Inmate Authorization form to Supt. (fce) (Entered: 11/02/2001)

Nov. 2, 2001

Nov. 2, 2001

PRO SE HANDBOOK issued to David Donhauser by mail. (tjm) (Entered: 11/28/2001)

Nov. 28, 2001

Nov. 28, 2001

10

***STRICKEN FROM THE RECORD BY ORDER OF JUDGE HURD FILED 3/22/02*** AMENDED COMPLAINT by David Donhauser, amends [1−1] complaint (fce) Modified on 03/22/2002 (Entered: 12/04/2001)

Dec. 4, 2001

Dec. 4, 2001

11

DOCUMENT REJECTION ORDER as to Ashford−El; request by Ashford−El to be added as a party to this action must be in the form of a motion. ( signed by Magistrate Judge Gustave J. DiBianco ) Date Entered: 1/18/02 (fce) Additional

Jan. 18, 2002

Jan. 18, 2002

12

ORDER, Striking [10−1] amended complaint ( signed by Judge David N. Hurd ) Date Entered: 3/22/02 (rjb) (Entered: 03/22/2002)

March 22, 2002

March 22, 2002

13

AMENDED COMPLAINT by David Donhauser, amends [1−1] complaint (fce) Additional attachment(s) added on 7/21/2005 (see, ). (Entered: 04/23/2002)

April 23, 2002

April 23, 2002

14

ORDER directing the Clerk to issue summons and forward w/copies of the amended complaint to the U.S. Marshals for service. ( signed by Magistrate Judge Gary L. Sharpe ) Date Entered: 5/6/02 (fce) (Entered: 05/06/2002)

May 6, 2002

May 6, 2002

15

NOTICE of the Clerk to Donhauser dd. 5/6/02 advising plaintiff to submit 5 copies of his amended complaint to the Clerk's Office for service upon the defts. (fce) Additional attachment(s) added on 7/21/2005 (see, ). (Entered: 05/06/2002)

May 6, 2002

May 6, 2002

SUMMONS(ES) issued for Glenn S. Goord, Martha E. Yourth, Dominic Martinelli, S. Carter (fce) (Entered: 05/15/2002)

May 15, 2002

May 15, 2002

16

DOCUMENT REJECTION ORDER as to Donhauser; motion to "certify action as class action" did not have an affidavit or memorandum of law. ( signed by Magistrate Judge Gustave J. DiBianco ) Date Entered: 5/22/02 (fce) Additional attachment(s) added on 7/21/2005 (see, ). (Entered: 05/22/2002)

May 22, 2002

May 22, 2002

17

ACKNOWLEDGEMENT OF SERVICE as to Glenn S. Goord on 5/29/02 : Answer due on 6/18/02 for Glenn S. Goord (nas) Additional attachment(s) added on 7/21/2005 (see, ). (Entered: 05/31/2002)

May 31, 2002

May 31, 2002

18

Marshal's Bill of costs as to Donhauser for $24.00. (fce) Additional attachment(s) added on 7/21/2005 (see, ). (Entered: 06/10/2002)

June 10, 2002

June 10, 2002

19

ACKNOWLEDGEMENT OF SERVICE as to Martha E. Yourth on 6/4/02 : Answer due on 6/24/02 for Martha E. Yourth (fce) Additional attachment(s) added on 7/21/2005 (see, ). (Entered: 06/10/2002)

June 10, 2002

June 10, 2002

20

ACKNOWLEDGEMENT OF SERVICE as to Dominic Martinelli on 5/29/02 : Answer due on 6/18/02 for Dominic Martinelli (fce) Additional attachment(s) added on 7/21/2005 (see, ). (Entered: 06/10/2002)

June 10, 2002

June 10, 2002

21

REQUEST by AAG Sheingold and ORDER, extending Answer deadline to 7/29/02 for Dominic Martinelli, for Martha E. Yourth, for Glenn S. Goord ( signed by Magistrate Judge Gary L. Sharpe ) (rjb) Additional attachment(s) added on 7/21/2005 (see, ). (Entered: 06/12/2002)

June 12, 2002

June 12, 2002

22

MOTION, w/attached exhibits, by David Donhauser for Appointment of Counsel Motion returnable before Judge/Mag. Judge: Sharpe (fce) Additional attachment(s) added on 7/21/2005 (see, ). (Entered: 07/01/2002)

July 1, 2002

July 1, 2002

23

MOTION w/attached affidavit and memorandum of law by David Donhauser to certify action as class action , Hearing set for 7/29/02, Response Deadline 7/15/02 Motion returnable before Judge/Mag. Judge: Sharpe **Motion STAYED as per [27−1] request and order, pending resolution of dft's motion to dismiss.*** (fce) Modified on 03/12/2003 Additional attachment(s) added on 2/14/2005 (nas, ). (Entered: 07/01/2002)

July 1, 2002

July 1, 2002

24

DOCUMENT REJECTION ORDER as to Donhauser; motion for preliminary injunction did not have an affidavit or memorandum of law. ( signed by Magistrate Judge Gary L. Sharpe ) Date Entered: 7/3/02 (fce) Additional attachment(s) added on 7/21/2005 (see, ). (Entered: 07/03/2002)

July 3, 2002

July 3, 2002

25

MOTION by Glenn S. Goord, Martha E. Yourth, Dominic Martinelli, S. Carter to Dismiss the complaint , Hearing set for 8/15/02 , Response Deadline 8/1/02 Motion returnable before Judge/Mag. Judge: Sharpe (fce) Additional attachment(s) added on 9/1/2004 (cbm, ). (Entered: 07/18/2002)

July 18, 2002

July 18, 2002

26

MEMORANDUM w/attached exhibits by Glenn S. Goord, Martha E. Yourth, Dominic Martinelli, S. Carter in support of [25−1] motion to Dismiss the complaint (fce) Additional attachment(s) added on 7/21/2005 (see, ). (Entered: 07/18/2002)

July 18, 2002

July 18, 2002

27

REQUEST by Atty. Sheingold for a stay on plt'f motion for class certification and ORDER plaintiff's motion for class certification is STAYED pending resolution of dft's motion to dismiss. (signed by CDB as directed by Magistrate Judge Gustave J. DiBianco) (fce) Additional attachment(s) added on 7/21/2005 (see, ). (Entered: 07/22/2002)

July 22, 2002

July 22, 2002

28

REQUEST by Donhauser and ORDER DENYING said request because the Court cannot determine what deadline is being sought to extend or what papers Donhauser wishes to reply to. Request is denied as being unclear. ( signed by C. Brown as directed by Magistrate Judge Gary L. Sharpe ) (nas) Additional attachment(s) added on 7/21/2005 (see, ). (Entered: 07/25/2002)

July 25, 2002

July 25, 2002

29

MOTION w/attached affidavit and memorandum of law by David Donhauser for Preliminary Injunction , Hearing set for <date not set> , Response Deadline <date not set> Motion returnable before Judge/Mag. Judge: Sharpe (fce) Additional attachment(s) added on 7/21/2005 (see, ). (Entered: 07/26/2002)

July 26, 2002

July 26, 2002

30

Scheduling Notice:, Motion Hearing set for 8/26/02 re: [29−1] motion for Preliminary Injunction , Response to Motion reset to 8/12/02 for [29−1] motion for Preliminary Injunction (fce) Additional attachment(s) added on 7/21/2005 (see, ). (Entered: 07/26/2002)

July 26, 2002

July 26, 2002

31

REQUEST by Donhauser and ORDER, Response to Motion reset to 8/29/02 for [25−1] motion to Dismiss the complaint ( signed by A. Maloney as directed by Magistrate Judge Gary L. Sharpe ) (nas) Additional attachment(s) added on 7/21/2005 (see, ). (Entered: 07/31/2002)

July 31, 2002

July 31, 2002

32

ORDER rejecting Donhauser's "Request for Production of Documents Under Discovery" as discovery is not filed with the Court. ( signed by Magistrate Judge Gustave J. DiBianco ) Date Entered: 7/31/02 (rjb) (Entered: 07/31/2002)

July 31, 2002

July 31, 2002

33

AFFIRMATION/RESPONSE by Defendants to plaintiff's [29−1] motion for Preliminary Injunction (fce) Additional attachment(s) added on 7/21/2005 (see, ). (Entered: 08/13/2002)

Aug. 12, 2002

Aug. 12, 2002

34

MEMORANDUM by defendants in support of [33−1] motion response (fce) Additional attachment(s) added on 7/21/2005 (see, ). (Entered: 08/13/2002)

Aug. 12, 2002

Aug. 12, 2002

35

ORDER denying [22−1] motion for Appointment of Counsel w/out prejudice. ( signed by Magistrate Judge Gustave J. DiBianco ) Date Entered: 8/14/02 (fce) (Entered: 08/14/2002)

Aug. 14, 2002

Aug. 14, 2002

36

MOTION w/attached affirmation by defendants For a protective Order and to Stay discovery Hearing set for <date not set> , Response Deadline <date not set> Motion returnable before Judge/Mag. Judge: Sharpe (fce) Additional attachment(s) added on 7/22/2005 (see, ). (Entered: 08/16/2002)

Aug. 15, 2002

Aug. 15, 2002

37

MEMORANDUM by defendants in support of [36−1] motion For a protective Order and to Stay discovery (fce) Additional attachment(s) added on 7/22/2005 (see, ). (Entered: 08/16/2002)

Aug. 15, 2002

Aug. 15, 2002

38

Scheduling Notice:, Motion Hearing set for 9/13/02 re: [36−1] motion For a protective Order and to Stay discovery , Response to Motion reset to 8/30/02 for [29−1] motion for Preliminary Injunction (fce) Additional attachment(s) added on 7/22/2005 (see, ). (Entered: 08/16/2002)

Aug. 16, 2002

Aug. 16, 2002

39

ACKNOWLEDGEMENT OF SERVICE as to S. Carter on 8/7/02 : Answer due on 8/27/02 for S. Carter (rjb) Additional attachment(s) added on 7/22/2005 (see, ). (Entered: 08/19/2002)

Aug. 19, 2002

Aug. 19, 2002

Sent Donhauser a copy of docket sheet as per his 8/18/02 request. Plaintiff submitted a check for $2.00 for the cost of the docket sheet. Receipt no. 65574. (fce) (Entered: 08/22/2002)

Aug. 22, 2002

Aug. 22, 2002

41

REQUEST by Donhauser and ORDER GRANTING, Response to Motion reset to 9/30/02 for [25−1] motion to Dismiss the complaint ( signed by C. Brown as directed by Magistrate Judge Gary L. Sharpe ) (nas) Additional attachment(s) added on 7/22/2005 (see, ). (Entered: 08/26/2002)

Aug. 26, 2002

Aug. 26, 2002

42

REQUEST by Nelson Sheingold, AAG, and ORDER denying request for stay of the motion for injunctive relief ( signed by C. Brown as directed by Magistrate Judge Gary L. Sharpe ) (nas) Additional attachment(s) added on 7/22/2005 (see, ). (Entered: 08/26/2002)

Aug. 26, 2002

Aug. 26, 2002

43

RESPONSE by David Donhauser to [25−1] motion to Dismiss the complaint (rjb) Additional attachment(s) added on 7/22/2005 (see, ). (Entered: 10/02/2002)

Oct. 1, 2002

Oct. 1, 2002

44

MEMORANDUM by David Donhauser in opposition to [25−1] motion to Dismiss the complaint (rjb) Additional attachment(s) added on 7/22/2005 (see, ). (Entered: 10/02/2002)

Oct. 1, 2002

Oct. 1, 2002

45

ORDER granting [36−1] motion For a protective Order and to Stay discovery, denying [29−1] motion for Preliminary Injunction and Ordered, ikf motion to dismiss is denied, clerk shall forward file to the Court for setting of pretrial deadlines ( signed by Judge David N. Hurd ) Date Entered: 10/3/02 (fce) (Entered: 10/03/2002)

Oct. 3, 2002

Oct. 3, 2002

Motion(s) referred: [25−1] motion to Dismiss the complaint referred to Magistrate Judge Gary L. Sharpe (rjb) (Entered: 10/06/2002)

Oct. 6, 2002

Oct. 6, 2002

46

DOCUMENT REJECTION ORDER as to Donhauser; ntc. of address change not served upon opposition. **address updated in system** (signed by Magistrate Judge Gustave J. DiBianco) Date Entered: 1/8/03 (fce) Additional attachment(s) added on 7/22/2005 (see, ). (Entered: 01/08/2003)

Jan. 8, 2003

Jan. 8, 2003

47

Change of Address received. Effective date: 1/12/03 from/for plaintiff David Donhauser New Address: Mid−State Corr. Facility (fce) Additional attachment(s) added on 7/22/2005 (see, ). (Entered: 01/14/2003)

Jan. 14, 2003

Jan. 14, 2003

48

REPORT AND RECOMMENDATIONS of Magistrate Judge Gary L. Sharpe; it is RECOMMENDED that dft's motion to dismiss be GRANTED. Service Date: 1/22/03 Re: (Objection to R and R due by 2/11/03 for S. Carter, for Dominic Martinelli, for parties (signed by Magistrate Judge Sharpe 1/22/03) Motion(s) no longer referred (fce) (Entered: 01/22/2003)

Jan. 22, 2003

Jan. 22, 2003

Motion(s) no longer referred: [25−1] motion to Dismiss the complaint (fce) (Entered: 01/22/2003)

Jan. 22, 2003

Jan. 22, 2003

49

REQUEST by Donhauser for an extension of time to file objections to the R/R and ORDER, Objections reset to 2/28/03 for [48−1] report and recommendations (signed by cdb as directed by Judge David N. Hurd) (fce) Additional attachment(s) added on 7/22/2005 (see, ). (Entered: 01/31/2003)

Jan. 31, 2003

Jan. 31, 2003

50

OBJECTION by David Donhauser to [48−1] report and recommendations (fce) Additional attachment(s) added on 7/22/2005 (see, ). (Entered: 03/03/2003)

March 3, 2003

March 3, 2003

51

REQUEST by Donhauser for an extension of time to file his objections to the R/R and ORDER, Objections reset to 3/10/03 for [48−1] report and recommendations ***Objections were filed by Donhauser on 3/3/03*** (signed by Judge David N. Hurd) (fce) Additional attachment(s) added on 7/22/2005 (see, ). (Entered: 03/04/2003)

March 4, 2003

March 4, 2003

52

ORDER rejecting Donhauser's motion for preliminary injunction for not having an affidavit in support. ( signed by Magistrate Judge Gary L. Sharpe ) Date Entered: 5/30/03 (rjb) (Entered: 05/30/2003)

May 29, 2003

May 29, 2003

54

MOTION w/attached affidavit and memorandum of law by David Donhauser for Permanent Injunction , Hearing set for 6/30/03 , Response Deadline 6/16/03 Motion returnable before Judge/Mag. Judge: Hurd (fce) Additional attachment(s) added on 7/22/2005 (see, ). (Entered: 06/20/2003)

June 19, 2003

June 19, 2003

55

Scheduling Notice:, Motion Hearing set for 7/21/03 re: [54−1] motion for Permanent Injunction , Response to Motion reset to 7/7/03 for [54−1] motion for Permanent Injunction (fce) Additional attachment(s) added on 7/22/2005 (see, ). (Entered: 06/19/2003)

June 19, 2003

June 19, 2003

Motion(s) no longer referred: [25−1] motion to Dismiss the complaint (fce) (Entered: 06/19/2003)

June 19, 2003

June 19, 2003

56

AMENDED Scheduling Notice: Motion Hearing set for 6/30/03 re: [54−1] motion for Permanent Injunction , Response to reset to 6/16/03 for [54−1] motion for Permanent Injunction before Judge Hurd in Utica, NY; This motion will be on submit; no oral argument or appearances are necessary. (fce) Additional attachment(s) added on 7/22/2005 (see, ). (Entered: 06/20/2003)

June 20, 2003

June 20, 2003

57

REQUEST by Donhauser for permission to file the attached letter as an exhibit to plaintiff's motion for injunctive relief and ORDER; the letter to be filed as an exhibit to plaintiff's motion for injunctive relief. (signed by Magistrate Judge Gary L. Sharpe) (fce) Additional attachment(s) added on 7/22/2005 (see, ). (Entered: 06/25/2003)

June 25, 2003

June 25, 2003

58

Letter dd. June 13, 2003 filed as exhibit (E) by plaintiff Donhauser in support of his motion for injunctive relief. filed as per [57−1] request and order. (fce) Additional attachment(s) added on 7/22/2005 (see, ). (Entered: 06/25/2003)

June 25, 2003

June 25, 2003

59

RESPONSE by Glenn S. Goord, Martha E. Yourth, Dominic Martinelli, S. Carter to [54−1] motion for Permanent Injunction (fce) Additional attachment(s) added on 7/22/2005 (see, ). (Entered: 06/30/2003)

June 30, 2003

June 30, 2003

60

AFFIDAVIT by Nelson R. Sheingold, AAG in support of Re: [59−1] motion response (fce) Additional attachment(s) added on 7/22/2005 (see, ). (Entered: 06/30/2003)

June 30, 2003

June 30, 2003

61

ORDER rejecting Mr. Donhauser's recent submission because if he is attempting to amend his complaint, he must file a motion to do so that complies with the Local Rules. ( signed by Magistrate Judge Gary L. Sharpe ) Date Entered: 7/8/03 (nas) (Entered: 07/08/2003)

July 8, 2003

July 8, 2003

62

REQUEST by Donhauser and ORDER granting, for Leave to File reply to defenddants' opposition to plaintiff's motion for injunctive relief. ( signed by C.D.B. as directed by Judge David N. Hurd ) (nas) Additional attachment(s) added on 7/22/2005 (see, ). (Entered: 07/10/2003)

July 10, 2003

July 10, 2003

63

REPLY by David Donhauser to response to [54−1] motion for Permanent Injunction (nas) Additional attachment(s) added on 7/22/2005 (see, ). (Entered: 07/10/2003)

July 10, 2003

July 10, 2003

64

MOTION w/ supporting affidavit and proposed amended complaint by David Donhauser to Amend [13−1] amended complaint , Hearing set for 8/26/03 , Response Deadline 8/12/03 Motion returnable before Judge/Mag. Judge: Sharpe (tlp) Additional attachment(s) added on 7/22/2005 (see, ). (Entered: 07/28/2003)

July 28, 2003

July 28, 2003

65

Scheduling Notice:, Motion Hearing set for 8/26/03 re: [64−1] motion to Amend [13−1] amended complaint , Response to Motion reset to 8/12/03 for [64−1] motion to Amend [13−1] amended complaint (tlp) Additional attachment(s) added on 7/29/2005 (see, ). (Entered: 07/28/2003)

July 28, 2003

July 28, 2003

66

RESPONSE by defendants to [64−1] motion to Amend [13−1] amended complaint (fce) Additional attachment(s) added on 7/29/2005 (see, ). (Entered: 08/01/2003)

Aug. 1, 2003

Aug. 1, 2003

68

RESPONSE by Dominic Martinelli, Martha E. Yourth, Glenn S. Goord to [64−1] motion to Amend [13−1] amended complaint (rjb) Additional attachment(s) added on 7/29/2005 (see, ). (Entered: 09/10/2003)

Sept. 10, 2003

Sept. 10, 2003

69

MEMORANDUM by Dominic Martinelli, Martha E. Yourth, Glenn S. Goord in opposition to [64−1] motion to Amend [13−1] amended complaint (rjb) Additional attachment(s) added on 7/29/2005 (see, ). (Entered: 09/10/2003)

Sept. 10, 2003

Sept. 10, 2003

70

ORDER denying pltf's [64−1] motion to Amend [13−1] amended complaint. (signed by Judge David N. Hurd) (see) (Entered: 10/16/2003)

Oct. 14, 2003

Oct. 14, 2003

71

REQUEST by Donhauser and ORDER; plaintiff's motion to amend was denied as futile, therefore his request to attach exhibits to the proposed amended complaint must also be denied. (signed by Magistrate Judge Gary L. Sharpe) (fce) Additional attachment(s) added on 7/29/2005 (see, ). (Entered: 10/22/2003)

Oct. 22, 2003

Oct. 22, 2003

72

ORDER REASSIGNING CASE. Case reassigned to Judge George H. Lowe for all further proceedings. Judge Gary Sharpe no longer assigned to case. Signed by Judge Frederick J. Scullin Jr. on 2/12/04. (ljr, ) (Entered: 02/13/2004)

Feb. 12, 2004

Feb. 12, 2004

73

Pltf's MOTION to Vacate Judge Hurd's 70 order.(tlp) Modified on 4/15/2004 to correctly indicate the order pltf's wants to vacate (cbm, ). (Entered: 04/12/2004)

April 8, 2004

April 8, 2004

74

Pltf's AFFIDAVIT in support of 73 MOTION to Vacate . (tlp) Modified on 4/15/2004 to delete reference to 71 order (cbm, ). (Entered: 04/12/2004)

April 8, 2004

April 8, 2004

75

MEMORANDUM OF LAW re 73 Motion to Vacate filed by David Donhauser. (tlp) (Entered: 04/12/2004)

April 8, 2004

April 8, 2004

76

NOTICE of Hearing on Motion 73 MOTION to Vacate 71 Set Deadlines/Hearings: Response to Motion due by 4/26/2004 Reply to Response to Motion due by 5/3/2004. Motion Hearing set for 5/13/2004 on submit before Magistrate Judge George H. Lowe. (tlp) (Entered: 04/12/2004)

April 8, 2004

April 8, 2004

77

AFFIDAVIT in Opposition re 73 MOTION to Vacate 71 Set Deadlines/Hearings filed by S. Carter, Glenn S. Goord, Dominic Martinelli, Martha E. Yourth. (Attachments: # 1 Memorandum of Law in Opposition to Plaintiff's Motion to Vacate)(Sheingold, Nelson) (Entered: 04/12/2004)

April 12, 2004

April 12, 2004

78

AFFIDAVIT of Service for declaration and memorandum of law in opposition to plaintiff's motion to vacate the Court's Order denying his motion to amend served on plaintiff, pro se on April 13, 2004, filed by S. Carter, Glenn S. Goord, Dominic Martinelli, Martha E. Yourth. (Sheingold, Nelson) (Entered: 04/13/2004)

April 13, 2004

April 13, 2004

79

MEMORANDUM−DECISION AND ORDER adopting in part 48 Report and Recommendations; defts' 25 Motion to Dismiss the 2nd amended complaint is GRANTED as to pltf's privacy claim, equal protection claim, due process claim and 5th Amendment claim insofar as it relates to the denial of parole. Defts' motion to dismiss the 2nd amended complaint is DENIED as to pltf's 5th Amendment claim insofar as it relates to the loss of good time credits, etc. Defts are directed to serve and file answer to the surviving portions of the 2nd amended complaint by 5/7/04. Signed by Judge David N. Hurd on 4/15/04. (cbm, ) (Entered: 04/15/2004)

April 15, 2004

April 15, 2004

80

MEMORANDUM−DECISION AND ORDER granting in part PLTF'S 54 Motion for Preliminary Injunction: defts and persons acting under their discretion and/or control are enjoined from requiring a prisoner to divulge his/her history of sexual conduct in order to be eligible to participate in the Sexual Offender Counseling Program . Signed by Judge David N. Hurd on 4/15/04. (cbm, ) (Entered: 04/15/2004)

April 15, 2004

April 15, 2004

Docket entries 73 motion to vacate and 74 supporting affidavit have been edited to reflect that pltf's motion related to Judge Hurd's 70 order. Per Judge Hurd's chambers, that motion is moot in light of 79 and 80 Memorandum−Decision and

April 15, 2004

April 15, 2004

82

NOTICE OF APPEAL as to 80 Order on Motion for Permanent Injunction,, 79 Order on Motion to Dismiss,,, Order on Report and Recommendations,, by S. Carter, Glenn S. Goord, Dominic Martinelli, Martha E. Yourth. (Attachments: # 1 Affidavit of Service of the Notice of Appeal and Forms C and D upon plaintiff)(Sheingold, Nelson) (Entered: 04/21/2004)

April 21, 2004

April 21, 2004

Transmission of Notice of Appeal and Docket Sheet to US Court of Appeals re 82 Notice of Appeal, (dmf) (Entered: 04/27/2004)

April 21, 2004

April 21, 2004

Appeal Filing fee: $ 255.00, receipt number 72930 (wbl, ) (Entered: 04/21/2004)

April 21, 2004

April 21, 2004

83

LETTER BRIEF in support of Defendant's Motion for a Stay of the injunction and the District Court proceedings pending appeal to the Second Circuit Court of Appeals by S. Carter, Glenn S. Goord, Dominic Martinelli, Martha E. Yourth. (Attachments: # 1 Affidavit of James Granger in support of Defendants' Motion for a Stay)(Sheingold, Nelson) (Entered: 04/22/2004)

April 22, 2004

April 22, 2004

84

AFFIDAVIT of Service for letter brief and Declaration of James Granger in support of defendants' motion for a stay pending appeal served on plaintiff, pro se on April 22, 2004, filed by S. Carter, Glenn S. Goord, Dominic Martinelli, Martha E. Yourth. (Sheingold, Nelson) (Entered: 04/22/2004)

April 22, 2004

April 22, 2004

85

ORDER that defts' motion for a stay is DENIED; that the 80 Preliminary Injunction is VACATED and AMENDED to read as follows: defts and persons acting under their direction and/or control are enjoined from depriving a prisoner of good time credits because of the prisoner's refusal to divulge a history of sexual conduct, including illegal acts for wich no criminal charges have been filed, in order to be eligible for the Sexual Offender Counseling Program. Signed by Judge David N. Hurd on 4/23/2004. (see, ) (Entered: 04/27/2004)

April 23, 2004

April 23, 2004

Certified and Transmitted Record on Appeal to US Court of Appeals re 82 Notice of Appeal (dmf) (Entered: 04/27/2004)

April 27, 2004

April 27, 2004

86

NOTICE OF APPEAL as to 80 Order on Motion for Permanent Injunction,, 85 Order,,, 79 Order on Motion to Dismiss,,, Order on Report and Recommendations,, by S. Carter, Glenn S. Goord, Dominic Martinelli, Martha E. Yourth. (Sheingold, Nelson) (Entered: 04/29/2004)

April 29, 2004

April 29, 2004

87

AFFIDAVIT of Service for Notice of Appeal served on plaintiff, pro se on April 29, 2004, filed by S. Carter, Glenn S. Goord, Dominic Martinelli, Martha E. Yourth. (Sheingold, Nelson) (Entered: 04/29/2004)

April 29, 2004

April 29, 2004

Filing fee: $ 255.00, receipt number 72859 (wbl, ) (Entered: 04/29/2004)

April 29, 2004

April 29, 2004

88

MOTION to Appoint Counsel by David Donhauser. DATES TO BE SET.(nas) (Entered: 05/06/2004)

May 4, 2004

May 4, 2004

Transmission of Notice of Appeal and Docket Sheet to US Court of Appeals re 86 Notice of Appeal (dmf) (Entered: 05/05/2004)

May 5, 2004

May 5, 2004

89

ANSWER to Amended Complaint by Glenn S. Goord, Dominic Martinelli, Martha E. Yourth.(Sheingold, Nelson) (Entered: 05/07/2004)

May 7, 2004

May 7, 2004

Case Details

State / Territory: New York

Case Type(s):

Prison Conditions

Special Collection(s):

Multi-LexSum (in sample)

Key Dates

Filing Date: Oct. 10, 2001

Closing Date: 2010

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Originally filed by inmate at New York State correctional facility. Once class was certified, class was: "Current or former New York State prisoners who have lost or been denied good time credits or have been threatened with the loss or denial of good time credits because of a refusal to admit guilt to criminal sexual conduct as part of the Sexual Offender Counseling Program."

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: No

Filed Pro Se: Yes

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

New York Department of Correctional Services, State

Defendant Type(s):

Jurisdiction-wide

Corrections

Case Details

Causes of Action:

42 U.S.C. § 1983

Constitutional Clause(s):

Self-incrimination

Available Documents:

Trial Court Docket

Complaint (any)

Injunctive (or Injunctive-like) Relief

Any published opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Attorneys fees

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Amount Defendant Pays: 28920

Order Duration: 2008 - 2010

Content of Injunction:

Preliminary relief granted

Monitoring

Issues

General:

Confidentiality

Counseling

Good time

Sex offender regulation

Type of Facility:

Government-run