Case: Peoples v. Fischer (Peoples v. Annucci)

1:11-cv-02694 | U.S. District Court for the Southern District of New York

Filed Date: April 18, 2011

Case Ongoing

Clearinghouse coding complete

Case Summary

On April 18, 2011, a prisoner formerly incarcerated at the New York State Green Haven Correctional Facility (GHCF) filed this pro se lawsuit in the U.S. District Court for the Southern District of New York against the GHCF, the New York State Department of Correctional Services, and the Queens County District Attorney's Office. Bringing this action under 42 U.S.C. § 1983, the plaintiff sought compensatory and punitive damages as well as declaratory and injunctive relief, claiming that the defen…

On April 18, 2011, a prisoner formerly incarcerated at the New York State Green Haven Correctional Facility (GHCF) filed this pro se lawsuit in the U.S. District Court for the Southern District of New York against the GHCF, the New York State Department of Correctional Services, and the Queens County District Attorney's Office. Bringing this action under 42 U.S.C. § 1983, the plaintiff sought compensatory and punitive damages as well as declaratory and injunctive relief, claiming that the defendants violated his constitutional rights by searching his cell, confiscating legal papers, sentencing him to 3 years in the Secure Housing Unit (SHU), and failing to adequately protect him from other prisoners.

Specifically, the plaintiff alleged a Fourth Amendment claim resulting from a pat frisk and subsequent search of his prison cell, an Eighth Amendment cruel and unusual punishment claim resulting from his three-year sentence to SHU confinement, an Eighth Amendment claim regarding his altercation with a fellow prisoner, a Fourteenth Amendment due process claim arising in connection with his disciplinary hearing, and a right of access to the courts claim under the First and Sixth Amendments.

On December 1, 2011, U.S. District Judge Shira A. Scheindlin granted the District Attorney's Office defendants' motion to dismiss all claims against them. Peoples v. Fischer, No. 11-cv-02694, 2011 WL 6034374 (S.D.N.Y. 2012). On May 2, 2012, the Court allowed the Eighth Amendment claim regarding SHU confinement to proceed, rejecting all other claims. The court found that holding a prisoner in the SHU for two years might constitute cruel and unusual punishment. Peoples v. Fischer, No. 11-cv-02694, 2012 WL 1575302 (S.D.N.Y. 2012).

On June 26, 2012, Judge Scheindlin granted in part the defendants' motion to reconsider and dismissed all claims against one of the defendants for lack of personal involvement in the alleged conduct. Peoples v. Fischer, 898 F. Supp. 2d 618 (S.D.N.Y. 2012). However, Judge Scheindlin elaborated her thinking on the SHU issue, and declined to grant qualified immunity to the remaining defendants. Judge Scheindlin noted that the plaintiff's "placement in the SHU for such a time period was grossly disproportionate to the non-violent violation that he was found to have committed. He has therefore stated a plausible claim that defendants violated his Eighth Amendment right to be free from cruel and unusual punishment." (Judge Scheindlin also accepted the plaintiff's amended complaint; it incorporated the Court's May 2 rulings and waived any challenge that would affect the length of his confinement.)

On August 23, 2012, the New York Civil Liberties Union (assisted by students from the NYU Civil Rights Clinic) filed an appearance to represent the plaintiff. They filed an amended complaint on December 6, 2012. It dealt only with the issue of isolation, but broadened the action, framing it as a challenge to the constitutionality of "New York State's practice of arbitrarily sentencing tens of thousands of incarcerated individuals to months and years of extreme isolation and solitary confinement for alleged infractions that often present no threat to prison safety." The complaint alleged that New York State used extreme isolation as punishment more than any other prison system in the United States—4,300 prisoners on any given day lived in isolation (some for years at a stretch), "imposed as a sanction for offenses as minor as 'untidy cell or person,' 'unfastened long hair,' 'littering,' and 'unreported illness.'" The complaint claimed that the conditions in isolation are physically and mentally damaging and violated the Eighth Amendment and the Due Process Clause of the Fourteenth Amendment.

On February 19, 2014, the parties agreed to a stipulated stay of the litigation, during which the parties would work to reform the New York segregation system. The remedy for violation of the stipulation would be vacating the stay and proceeding with the litigation. The reforms included:

• An alternative to SHU sanctions for prisoners under the age of 18;

• A presumption against SHU sanctions for pregnant prisoners;

• Alternatives to SHU sanctions for prisoners with significant intellectual disabilities (entitled "Correctional Alternative Rehabilitation") which included several hours per day of out-of-cell group programming;

• Central office oversight of SHU confinement;

• New guidelines, policies, and training for confinement sanctions in prison disciplinary hearings; and

• Immediately increasing outdoor exercise time at several facilities, and providing headphones and "in-cell study packets" at others.

On December 16, 2015, the plaintiffs notified Judge Scheindlin that a final settlement agreement had been reached. The settlement provided for (1) a reduction in the frequency and duration of SHU sentences, (2) improvements to the conditions of SHU confinement, and (3) mechanisms for implementation and enforcement of the agreed-upon measures over a five-year period. The settlement agreement also required the defendants to pay $1.1 million for attorneys' fees and costs, including $129,900 as incentive awards for the class representatives, and up to $100,000 a year over the course of the settlement. The parties jointly moved for a conditional class certification in order to move forward for a fairness hearing for final approval of the settlement. Judge Scheindlin issued an order on December 23 providing preliminary approval of the settlement agreement and certifying the class.

On February 19, 2016, the case caption was amended to change the named defendant to Anthony Annucci, Acting Commissioner of the New York Department of Corrections and Community Supervision.

On June 15, 2015, the district court began receiving letters from class members voicing their concerns. After receiving a total of 164 letters, on March 21, 2016, the plaintiffs filed a final motion for settlement approval. On March 31, 2016, Judge Scheindlin approved the motion, finding the settlement agreement fair, reasonable, and adequate, and also noting that the majority of the letters submitted by class members were in support of the settlement agreement.

By stipulation of the parties, the case was dismissed on April 4, 2016, and the court retained jurisdiction for the purposes of enforcing the settlement agreement for the five-year period. Peoples v. Annucci, 180 F.Supp.3d 294 (S.D.N.Y. 2016). The case was then reassigned to Judge Andrew L. Carter, Jr. on April 16.

The parties filed an annual joint status report on June 5, 2017. According to the report, the parties had thus far worked together successfully and did not require the court's intervention. The report indicated that the defendants had implemented the changes called for in the first year of the Settlement Agreement, including the construction of capital improvements, the installation of rolling phone carts in all SHU cells, a tablet pilot program and, perhaps most importantly, the implementation of the Progressive Inmate Movement System (PIMS), a behavioral incentive program that provides prisoners in special housing units with greater benefits and privileges that reduce isolation and improves SHU conditions. The defendants provided the necessary training to its employees and revised their disciplinary guidelines. The parties also indicated that there were fewer prisoners sent to a SHU cell in the last year, and that those persons' stays in the SHU were shorter.

Following a meeting between the parties to discuss the second year implementation of the Settlement Agreement, the defendants issued a status update on June 5, 2018. The status update noted continued decrease in the number of incarcerated individuals serving time in a SHU cell, reduced lengths spent serving time in a SHU cell, and additional training and instructions for officers to charge incidents at the lowest appropriate tier level. Additionally, the defendants noted improvements in recreational and educational opportunities for people serving time in a SHU cell.

In 2019, New York Civil Liberties Union published a report on the current state of solitary confinement using data obtained in part from this litigation. Enforcement of the settlement is ongoing.

Summary Authors

John He (3/31/2016)

Virginia Weeks (9/25/2017)

Justin Hill (11/8/2019)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/4349012/parties/peoples-v-annucci/


Judge(s)

Carter, Andrew Lamar Jr. (New York)

Fox, Kevin N. (New York)

Freeman, Debra Carol (New York)

Scheindlin, Shira A. (New York)

Attorneys(s) for Plaintiff

Brown, Jennifer Kay (New York)

Desgranges, Philip L. (New York)

Dunn, Christopher (New York)

Fioccola, David J (New York)

Hopkins, Gabriel (New York)

Hunt, Adam J (New York)

Judge(s)

Carter, Andrew Lamar Jr. (New York)

Fox, Kevin N. (New York)

Freeman, Debra Carol (New York)

Scheindlin, Shira A. (New York)

Attorneys(s) for Plaintiff

Brown, Jennifer Kay (New York)

Desgranges, Philip L. (New York)

Dunn, Christopher (New York)

Fioccola, David J (New York)

Hopkins, Gabriel (New York)

Hunt, Adam J (New York)

Krause, Aimee (New York)

Matza-Brown, Daniel (New York)

Moloff, Leda A (New York)

Mullkoff, Daniel Erick (New York)

Pendergrass, Taylor Scott (New York)

Reinert, Alexander A. (New York)

Sadeghi, Kayvan B (New York)

Stewart, Aimee Krause (District of Columbia)

Swearingen, William (New York)

Valenti, Kyle (New York)

Attorneys(s) for Defendant

Brewster, Richard W. (New York)

Bruen, Kevin P. (New York)

Durden, Rebecca Ann (New York)

Harben, Jeb (New York)

Schneiderman, Eric T. (New York)

Shaffer, Ryan Glenn (New York)

Documents in the Clearinghouse

Document

Docket [PACER]

Peoples v. Annucci

March 20, 2021 Docket
2

Complaint

Peoples v. Fischer

April 18, 2011 Complaint
37

Opinion and Order

People v. Fischer

2011 WL 6034374, 2011 U.S.Dist.LEXIS 138021

Dec. 1, 2011 Order/Opinion
49

Opinion and Order

People v. Fischer

2012 WL 1575302, 2012 U.S.Dist.LEXIS 62428

May 3, 2012 Order/Opinion
51

Motion for reconsideration, and exhibits

People v. Fischer

May 17, 2012 Pleading / Motion / Brief
52

Amended Complaint

People v. Fischer

June 1, 2012 Complaint
53

Opinion and Order (on reconsideration)

People v. Fischer

898 F.Supp.2d 618, 2012 WL 2402593, 2012 U.S.Dist.LEXIS 88475

June 26, 2012 Order/Opinion
84

Second Amended Complaint

Peoples v. Fischer

Dec. 6, 2012 Complaint
93

Third Amended Class Action Complaint

Peoples v. Fischer

March 6, 2013 Complaint
117

Stipulation and Order

Peoples v. Fischer

May 1, 2013 Order/Opinion

Resources

Title Description External URL

Digging Out of the Hole: Arguments Against the Use of Juvenile Solitary Confinement in Kentucky

Mary Ann Lee

Part I of this Note begins with an explanation of the practices commonly employed by states that authorize solitary confinement, an examination of the changing landscape of punitive solitary confinem… Jan. 1, 2016 https://uknowledge.uky.edu/...

Trapped Inside: The Past, Present, and Future of Solitary Confinement in New York

Shames & Desgranges

Every day thousands of people in New York State prisons, mostly people of color, are held in 23-hour isolation for months, sometimes years, at a time. As solitary confinement has come under increasin… Oct. 1, 2019 https://www.nyclu.org/...

Prison Segregation: Symposium Introduction and Preliminary Data on Racial Disparities

Margo Schlanger

The Michigan Journal of Race & Law's symposium, Inhumane and Ineffective: Solitary Confinement in Michigan and Beyond, was held on February 2, 2013, at the University of Michigan Law School; it broug… June 1, 2013 http://ssrn.com/...

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4349012/peoples-v-annucci/

Last updated May 28, 2022, 3:09 a.m.

ECF Number Description Date Link

Case Designated ECF. (rdz)

April 18, 2011 PACER
1

DECLARATION IN SUPPORT OF REQUEST TO PROCEED IN FORMA PAUPERIS. Document filed by Leroy Peoples.(rdz)

April 18, 2011 PACER
2

COMPLAINT against Karen Bellamy, Norman Bezio, Richard A. Brown, Peter A. Crusco, Drown, Brian Fischer, LJard, Lucien J. LeClaire, Jr, William Lee, Malare, K O' Connor, Office of Counsel, D. Rock, Eric C. Rosenbaum. Document filed by Leroy Peoples.(rdz)

April 18, 2011 PACER

Request for Copies/Transcripts/Docket Sheet Received: Request for Status of petition from Leroy Peoples received on 4/25/11. (kj)

April 29, 2011 PACER

Docket Sheet Mailed: Request from Leroy Peoples mailed on 4/29/11. (kj)

April 29, 2011 PACER

Request for Copies/Transcripts/Docket Sheet Received: Request for Requesting Acknowledgment of receipt of 42U.S.C. 1983,1985 from LeRoy Peoples received on 4/29/11. (kj)

May 3, 2011 PACER

Request for Requesting Acknowledgment of receipt of 42 U.S.C. 1983,1985 from LeRoy Peoples: Docket Sheet mailed on 5/3/11. (kj)

May 3, 2011 PACER

Pro Se Acknowledgment Letter Mailed: Pro Se acknowledgment letter mailed to the plaintiff via USPS to the address noted on the Complaint on 5/4/2011. (kj)

May 4, 2011 PACER

Request for Copies/Transcripts/Docket Sheet Received: Request for Letter dated April 28, 2011, Requesting the Court to Acknowledge receipt of my 42 U.S.C. 1983 from LeRoy Peoples received on 5/2/2011. (kj)

May 4, 2011 PACER

Request for Copies/Transcripts/Docket Sheet Mailed: Request for Docket Sheet from LeRoy Peoples mailed on 5/4/2011. (kj)

May 4, 2011 PACER

Case Designated Local Rule 33.2. (jjg)

May 6, 2011 PACER
3

ORDER GRANTING IFP APPLICATION: Leave to proceed in this Court without of fees is authorized. 28 U.S.C. 1915. (Signed by Judge Loretta A. Preska on 5/6/2011) (mbe)

May 6, 2011 PACER

Magistrate Judge Debra C. Freeman is so designated. (sjo)

May 10, 2011 PACER
4

NOTICE OF CASE ASSIGNMENT to Judge Shira A. Scheindlin. Judge Unassigned is no longer assigned to the case. (sjo)

May 10, 2011 PACER

Mailed notice re: 4 Notice of Case Assignment/Reassignment to the attorney(s) of record. (sjo)

May 11, 2011 PACER
6

ORDER: The plaintiff is directed to have the Summons and Complaint promptly served on the defendants by filling out and forwarding to the United States Marshals Service the forms to be provided to plaintiff by the Pro Se Office. If service is not made upon the defendants by September 23, 2011, and plaintiff fails to show good cause why such service has not been effected, the Court will dismiss this action. The Pro Se Office at the United States Courthouse, 500 Pearl Street, New York, New York 10007, telephone number (212) 805-0175, may be of assistance in connection with court procedures but cannot give legal advice. (Signed by Judge Shira A. Scheindlin on 5/11/2011) (jpo)

May 11, 2011 PACER

Request for Pro Se Manual: Request for manual received from Leroy Peoples on 5/9/11. The Pro Se Office will distribute one free copy of the Pro Se Manual to each pro se litigant who has been granted in forma pauperis status pursuant to 28 U.S.C. Section 1915 to bring a civil action after July 1, 2007. (kj)

May 12, 2011 PACER

SUMMONS ISSUED as to Karen Bellamy, Norman Bezio, Richard A. Brown, Peter A. Crusco, Drown, Brian Fischer, LJard, Lucien J. LeClaire, Jr, William Lee, Malare, K O' Connor, Office of Counsel, D. Rock, Eric C. Rosenbaum. (jcs)

May 18, 2011 PACER

Authorization Deduction Letter Mailed to Upstate Correctional Facility on 05/18/2011. (jcs)

May 18, 2011 PACER

FRCP 4 (Service Package Mailed) to plaintiff at the address noted on the complaint/court's docket on 05/18/2011 via Federal Express AIRBILL # 874803529269. The service package included: an original summons, copies of the summons, a certified In Forma Pauperis Application (IFP), copies of the IFP, complaint, United States Marshal (U.S.M.-285) forms, a pro se handbook, change of address postcards, Judge's individual rules, instructions on how to file a motion and opposition, instructions on filing an amended complaint, application for counsel, a consent to proceed before a Magistrate Judge, and affirmation of service forms. (jcs)

May 18, 2011 PACER

Docket Sheet, and Federal Express receipt confirmation of delivery of Rule 4 service package mailed to Leroy Peoples on 5/23/11. (kj)

May 23, 2011 PACER

Prisoner Trust Fund Account Statement by Leroy Peoples received on 6/6/2011.(mt)

June 6, 2011 PACER

Set Deadlines/Hearings: Motions due by 8/15/2011. (djc)

July 12, 2011 PACER
9

ORDER. Defendants have indicated to the Court their intent to file a Motion to Dismiss. Defendants are ordered to file their motion by August 15, 2011. If plaintiff wishes to oppose defendants' motion, he must submit opposition papers. As plaintiff is proceeding pro se, it is hereby ORDERED that plaintiff file opposition papers, if any, to defendants' motion by September 15, 2011. All papers must be sent to the Court's Pro Se Office at 500 Pearl Street, Room 230, New York, New York 10007, and must be served upon defendants' counsel. If plaintiff submits opposition papers, defendants' reply will be due by September 29, 2011. IT IS FURTHER ORDERED that if plaintiff fails to comply with this Order, this Court will decide the motion on the papers submitted by defendants.(Responses due by 9/15/2011, Replies due by 9/29/2011.) (Signed by Judge Shira A. Scheindlin on 7/12/11) (djc)

July 12, 2011 PACER
11

Request for Copies/Transcripts/Docket Sheet Received: Request for Docket Sheet from LeRoy Peoples received on August 3, 2011. Request for Copies/Transcripts/Docket Sheet Mailed: Request for Docket Sheet from LeRoy Peoples mailed on August 8, 2011. (vn)

Aug. 8, 2011 PACER
12

MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED Summons and Complaint, served. Ward served on 7/26/2011, answer due 8/16/2011. Service was accepted by Wiliam Gonzalez. Document filed by Leroy Peoples. (cd)

Aug. 9, 2011 PACER
13

MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED Summons and Complaint, served. Lucien J. LeClaire, Jr served on 7/13/2011, answer due 8/3/2011. Service was accepted by Wiliam Gonzalez. Document filed by Leroy Peoples. (cd)

Aug. 9, 2011 PACER
14

MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED Summons and Complaint, served. Norman Bezio served on 6/28/2011, answer due 7/19/2011. Service was accepted by personal service. Document filed by Leroy Peoples. (cd)

Aug. 9, 2011 PACER
15

MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED Summons and Complaint, served. D. Rock served on 6/22/2011, answer due 7/13/2011. Service was accepted by personal service. Document filed by Leroy Peoples. (cd)

Aug. 9, 2011 PACER
16

MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED Summons and Complaint, served. Drown served on 6/23/2011, answer due 7/14/2011. Service was accepted by Wiliam Gonzalez. Document filed by Leroy Peoples. (cd)

Aug. 9, 2011 PACER
17

MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED Summons and Complaint, served. Brian Fischer served on 6/20/2011, answer due 7/11/2011. Service was accepted by Wiliam Gonzalez. Document filed by Leroy Peoples. (cd)

Aug. 9, 2011 PACER
18

MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED Summons and Complaint, served. Eric C. Rosenbaum served on 6/20/2011, answer due 7/11/2011. Service was accepted by personal service. Document filed by Leroy Peoples. (cd)

Aug. 9, 2011 PACER
19

MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED Summons and Complaint, served. Richard A. Brown served on 6/20/2011, answer due 7/11/2011. Service was accepted by Lois Raff. Document filed by Leroy Peoples. (cd)

Aug. 9, 2011 PACER
20

MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED Summons and Complaint, served. Peter A. Crusco served on 6/20/2011, answer due 7/11/2011. Service was accepted by personal service. Document filed by Leroy Peoples. (cd)

Aug. 9, 2011 PACER
21

MOTION to Dismiss pursuant to Fed. R. Civ. P. 12(b)(6). Document filed by Richard A. Brown, Peter A. Crusco, Eric C. Rosenbaum. Responses due by 9/15/2011(Shaffer, Ryan)

Aug. 15, 2011 RECAP
22

MEMORANDUM OF LAW in Support re: [21] MOTION to Dismiss pursuant to Fed. R. Civ. P. 12(b)(6).. Document filed by Richard A. Brown, Peter A. Crusco, Eric C. Rosenbaum. (Attachments: # (1) Appendix Lexis Nexis Cases, # (2) Appendix Lexis Nexis Cases)(Shaffer, Ryan)

1 Appendix Lexis Nexis Cases

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2 Appendix Lexis Nexis Cases

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Aug. 15, 2011 RECAP
23

DECLARATION of Ryan G. Shaffer in Support re: [21] MOTION to Dismiss pursuant to Fed. R. Civ. P. 12(b)(6).. Document filed by Richard A. Brown, Peter A. Crusco, Eric C. Rosenbaum. (Attachments: # (1) Exhibit Complaint Pt 1, # (2) Exhibit Complaint Pt 1)(Shaffer, Ryan)

1 Exhibit Complaint Pt 1

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2 Exhibit Complaint Pt 1

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Aug. 15, 2011 PACER
24

NOTICE of pursuant to Local Civil Rule 12.1 re: [21] MOTION to Dismiss pursuant to Fed. R. Civ. P. 12(b)(6).. Document filed by Richard A. Brown, Peter A. Crusco, Eric C. Rosenbaum. (Shaffer, Ryan)

Aug. 15, 2011 PACER
25

Request for Copies/Transcripts/Docket Sheet Received: Request for Docket Sheet from Leroy People received on August 10, 2011. Request for Copies/Transcripts/Docket Sheet Mailed: Request for Docket Sheet from Leroy People mailed on August 18, 2011. (Attachments: # (1) Docket Sheet) (vn)

1 Docket Sheet

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Aug. 18, 2011 PACER
26

ORDER: The time for defendants Brian Fischer, Lucien LeClaire, Curtis Drown, Norman Bezio, David Rock, and Richard Ward to answer, move or otherwise respond to the Complaint is hereby extended until October 7, 2011. (Signed by Judge Shira A. Scheindlin on 8/25/2011) (laq)

Aug. 25, 2011 PACER

Request for Copies/Transcripts/Docket Sheet Mailed: Request for Docket Sheet from Mr. Peoples mailed on 09/22/2011. (ad)

Sept. 22, 2011 PACER
27

NOTICE OF APPEARANCE by Jeb Harben on behalf of Norman Bezio, Brian Fischer, Lucien J. LeClaire, Jr, D. Rock, Ward (Harben, Jeb)

Sept. 23, 2011 PACER
28

ENDORSED LETTER addressed to Judge Shira A. Scheindlin from Jeb Harben dated 9/22/2011 re: Counsel of defendants request that all DOCS defendants that have been served by October 23 be allowed to respond to the Complaint on or before December 2,2011. ENDORSEMENT: Request granted in part and denied in part. DOC defendants served by October 23 have until November 23 to respond to the complaint. No further extensions will be granted. So Ordered. Norman Bezio answer due 11/23/2011; Richard A. Brown answer due 11/23/2011; Peter A. Crusco answer due 11/23/2011; Drown answer due 11/23/2011; Brian Fischer answer due 11/23/2011; LJard answer due 11/23/2011; Lucien J. LeClaire, Jr answer due 11/23/2011; Office of Counsel answer due 11/23/2011; D. Rock answer due 11/23/2011; Eric C. Rosenbaum answer due 11/23/2011; Ward answer due 11/23/2011. (Signed by Judge Shira A. Scheindlin on 9/26/2011) (jfe)

Sept. 26, 2011 PACER
29

ORDER: The Clerk of the Court is directed to scan and docket the attached Affirmation in Opposition to Defendants' Motion to Dismiss Pursuant to Fed. R. Civ. P. 12(b)(6) and provide a hyperlink on the docket. The U.S. Marshals are directed to effect service of process on defendants Karen Bellamy, Malare, K O'Connor, William Lee, and Office of DOCS Counsel as expeditiously as possible. (copy forwarded to the Pro Se Office) (Signed by Judge Shira A. Scheindlin on 9/27/2011) (cd)

Sept. 27, 2011 PACER
30

REPLY MEMORANDUM OF LAW in Support re: [21] MOTION to Dismiss pursuant to Fed. R. Civ. P. 12(b)(6).. Document filed by Richard A. Brown, Peter A. Crusco, Eric C. Rosenbaum. (Attachments: # (1) Appendix Lexis Nexis Cases)(Shaffer, Ryan)

1 Appendix Lexis Nexis Cases

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Sept. 28, 2011 PACER
31

AFFIDAVIT OF SERVICE of Reply Memorandum of Law in Support of Motion to Dismiss served on Leroy Peoples on September 28, 2011. Service was made by MAIL. Document filed by Richard A. Brown, Peter A. Crusco, Eric C. Rosenbaum. (Shaffer, Ryan)

Sept. 28, 2011 PACER
32

ENDORSED LETTER addressed to Judge Shira A. Scheindlin from Jeb Harben dated 11/21/2011 re: Your Honor previously granted an extension of time to November 23, 2011 for the defendants served by October 23 to respond to the Complaint. Given that I have just completed a week-long trial before Judge Preska that I had hoped would be shorter and less pre-trial intensive, I must respectfully request more time to respond. ENDORSEMENT: Request granted. DOC defendants' time to respond to the Complaint is extended to November 30, 2011. No further extensions will be granted. Norman Bezio answer due 11/30/2011; Richard A. Brown answer due 11/30/2011; Peter A. Crusco answer due 11/30/2011; Drown answer due 11/30/2011; Brian Fischer answer due 11/30/2011; LJard answer due 11/30/2011; Lucien J. LeClaire, Jr answer due 11/30/2011; Office of Counsel answer due 11/30/2011; D. Rock answer due 11/30/2011; Eric C. Rosenbaum answer due 11/30/2011; Ward answer due 11/30/2011. (Signed by Judge Shira A. Scheindlin on 11/21/2011) (lmb)

Nov. 21, 2011 PACER

Request for Copies/Transcripts/Docket Sheet Received: Request for Docket Sheet from Lerory Peoples received on November 18, 2011. Request for Copies/Transcripts/Docket Sheet Mailed: Request for Docket Sheet from Lerory Peoples mailed on November 29, 2011. (vn)

Nov. 29, 2011 PACER
33

MOTION to Dismiss. Document filed by Karen Bellamy, Norman Bezio, Brian Fischer, Lucien J. LeClaire, Jr, William Lee, K O' Connor, D. Rock, Ward. Responses due by 1/2/2012 Return Date set for 1/16/2012 at 09:00 AM.(Harben, Jeb)

Nov. 30, 2011 RECAP
34

NOTICE of Local Rule 56.2 Notice re: [33] MOTION to Dismiss.. Document filed by Karen Bellamy, Norman Bezio, Brian Fischer, Lucien J. LeClaire, Jr, William Lee, K O' Connor, D. Rock, Ward. (Harben, Jeb)

Nov. 30, 2011 PACER
35

MEMORANDUM OF LAW in Support re: [33] MOTION to Dismiss.. Document filed by Karen Bellamy, Norman Bezio, Brian Fischer, Lucien J. LeClaire, Jr, William Lee, K O' Connor, D. Rock, Ward. (Harben, Jeb)

Nov. 30, 2011 RECAP
36

DECLARATION of Jeb Harben in Support re: [33] MOTION to Dismiss.. Document filed by Karen Bellamy, Norman Bezio, Brian Fischer, Lucien J. LeClaire, Jr, William Lee, K O' Connor, D. Rock, Ward. (Attachments: # (1) Exhibit A, # (2) Exhibit B - I, # (3) Exhibit J)(Harben, Jeb)

1 Exhibit A

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2 Exhibit B - I

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3 Exhibit J

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Nov. 30, 2011 PACER
37

OPINION AND ORDER re:#101093 [21] MOTION to Dismiss pursuant to Fed. R. Civ. P. 12(b)(6) filed by Peter A. Crusco, Richard A. Brown, Eric C. Rosenbaum. For the foregoing reasons, the Prosecutor Defendants' motion is granted as to all claims and they are hereby dismissed from this lawsuit. The Clerk of the Court is directed to close this motion (Docket No. 21). (Signed by Judge Shira A. Scheindlin on 12/1/2011) (lmb) Modified on 12/7/2011 (jab).

Dec. 1, 2011 RECAP
38

PRO SE MEMORANDUM dated 12/12/2011 re: CHANGE OF ADDRESS for Leroy Peoples. New Address: DIN# 05-A-2620, Attica Correctional Facility, P.O. Box 149, Attica, NY, 14011. (msa)

Dec. 12, 2011 PACER
39

RESPONSE in Opposition to [33] MOTION to Dismiss. Document filed by Leroy Peoples. (ft)

Jan. 11, 2012 RECAP

Set/Reset Deadlines as to 33 MOTION to Dismiss.. Replies due by 1/27/2012. (jfe)

Jan. 18, 2012 PACER
41

ENDORSED LETTER addressed to Judge Shira A. Scheindlin from Jeb Harben dated 1/17/2012 re: Counsel respectfully request until 1/27/12 to respond plaintiff's opposition. ENDORSEMENT: The defendants' reply brief must be filed by January 27, 2012. (Signed by Judge Shira A. Scheindlin on 1/17/2012) (jfe)

Jan. 18, 2012 PACER
42

REPLY MEMORANDUM OF LAW in Support re: [33] MOTION to Dismiss.. Document filed by Karen Bellamy, Norman Bezio, Brian Fischer, LJard, Lucien J. LeClaire, Jr, William Lee, K O' Connor, Leroy Peoples. (Harben, Jeb)

Jan. 27, 2012 RECAP
43

MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE UNEXECUTED as to Malare. Attempted Service of Summons and Complaint,. Service was attempted on 9/18/11. Document filed by Leroy Peoples. (pl)

Feb. 6, 2012 PACER
44

MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED Summons and Complaint, served. William Lee served on 9/15/2011, answer due 10/6/2011. Service was accepted by Michelle Coiodice- IRC II. Document filed by Leroy Peoples. (ab)

Feb. 6, 2012 PACER
45

MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED Summons and Complaint, served. K O' Connor served on 9/15/2011, answer due 10/6/2011. Service was accepted by Michelle Coiodice- IRC II. Document filed by Leroy Peoples. (ab)

Feb. 6, 2012 PACER
46

MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED Summons and Complaint, served. Karen Bellamy served on 9/9/2011, answer due 9/30/2011. Service was accepted by Jeffrey A. Hale Asst. Director. Document filed by Leroy Peoples. (tro)

Feb. 16, 2012 PACER
47

MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED Summons and Complaint, served. Office of Counsel served on 9/9/2011, answer due 11/30/2011. Service was accepted by A. Edel Groski (title Asst counsel). Document filed by Leroy Peoples. (tro)

Feb. 16, 2012 PACER

Set/Reset Hearings: Status Conference set for 6/12/2012 at 04:30 PM in Courtroom 15C, 500 Pearl Street, New York, NY 10007 before Judge Shira A. Scheindlin. (jfe)

May 3, 2012 PACER
49

OPINION AND ORDER #101761 re: [33] MOTION to Dismiss. filed by D. Rock, Lucien J. LeClaire, Jr., William Lee, Norman Bezio, Karen Bellamy, Brian Fischer, K O' Connor, Ward. For the foregoing reasons, defendants' motion to dismiss is granted in part and denied in part. The Clerk of the Court is directed to close this motion [Docket No. 33]. A status conference has been scheduled for June 12, 2012, at 4:30 p.m. in Courtroom 15C. (Signed by Judge Shira A. Scheindlin on 5/2/2012) (jfe) Modified on 5/7/2012 (ft).

May 3, 2012 RECAP

Request for Copies/Transcripts/Docket Sheet Received: Request for Docket Sheet from Leroy Peoples received on May 4, 2012. Request for Copies/Transcripts/Docket Sheet Mailed: Request for Docket Sheet from Leroy Peoples mailed on May 14, 2012. (vn)

May 14, 2012 PACER
50

MOTION for Reconsideration re; [49] Memorandum & Opinion,, (Notice of). Document filed by Norman Bezio, D. Rock, Ward.(Harben, Jeb)

May 17, 2012 PACER
51

MEMORANDUM OF LAW in Support re: [50] MOTION for Reconsideration re; [49] Memorandum & Opinion,, (Notice of).. Document filed by Norman Bezio, D. Rock, Ward. (Attachments: # (1) Exhibit 1)(Harben, Jeb)

1 Exhibit 1

View on PACER

May 17, 2012 PACER
52

DECLARATION of Lereoy Peoples in Opposition re: [50] MOTION for Reconsideration re; [49] Memorandum & Opinion,, (Notice of). Document filed by Leroy Peoples. (cd)

June 1, 2012 PACER

Minute Entry for proceedings held before Judge Shira A. Scheindlin: Status Conference held on 6/13/2012. (Landers, Rigoberto)

June 13, 2012 PACER

Set/Reset Hearings: Status Conference set for 7/23/2012 at 04:30 PM in Courtroom 15C, 500 Pearl Street, New York, NY 10007 before Judge Shira A. Scheindlin. (djc)

June 26, 2012 PACER
53

OPINION AND ORDER # 101992: For the foregoing reasons, defendants' motion for reconsideration is granted in part and denied in part. The Clerk of the Court is directed to close this motion [Docket No. 50]. Additionally, Peoples attached an Amended Complaint to his opposition papers, which this Court now accepts for filing. A status conference has been scheduled for July 23, 2012, at 4:30 p.m., in Courtroom l5C. (Signed by Judge Shira A. Scheindlin on 6/26/2012) (djc) (Main Document 53 replaced on 6/26/2012) (laq). Modified on 6/27/2012 (ft).

June 26, 2012 RECAP
54

ORDER: The July 23, 2012 status conference has been adjourned and rescheduled to July 31, 2012 at 4:30 p.m. in Courtroom 15C of the United States Courthouse, 500 Pearl Street, New York, New York. The conference will cover the current status of the case. With the exception of pro se prisoners, you, or an attorney if an attorney is representing you, are directed to appear at that date and time. If any party, except a pro se prisoner, fails to appear at the conference or send an attorney, his or her action may be dismissed., ( Status Conference set for 7/31/2012 at 04:30 PM in Courtroom 15C, 500 Pearl Street, New York, NY 10007 before Judge Shira A. Scheindlin.) (Signed by Judge Shira A. Scheindlin on 6/27/2012) (lmb)

June 27, 2012 PACER
55

MOTION to Dismiss Amended Complaint. Document filed by Norman Bezio, D. Rock, Ward.(Harben, Jeb)

July 10, 2012 RECAP
56

NOTICE of Notice to Pro Se Litigant Local Rule 56.1 re: [55] MOTION to Dismiss Amended Complaint.. Document filed by Norman Bezio, D. Rock, Ward. (Harben, Jeb)

July 10, 2012 PACER
57

MEMORANDUM OF LAW in Support re: [55] MOTION to Dismiss Amended Complaint.. Document filed by Norman Bezio, D. Rock, Ward. (Harben, Jeb)

July 10, 2012 RECAP
58

DECLARATION of Jeb Harben in Support re: [55] MOTION to Dismiss Amended Complaint.. Document filed by Norman Bezio, D. Rock, Ward. (Attachments: # (1) Exhibit A, # (2) Exhibit B)(Harben, Jeb)

1 Exhibit A

View on PACER

2 Exhibit B

View on PACER

July 10, 2012 PACER
59

ORDER: On July 10, defendants filed a renewed motion to dismiss and a motion to transfer venue. The pro se office has informed me that counsel are interested in representing Leroy Peoples in this action and are currently in the process of communicating with him Peoples and/or any counsel whom he retains may have until August 20. Defendants' reply is due August 30. The status conference currently schedule for July 31 is adjourned until September 11 at 4:30 p.m. No stay of discovery is in place and I expect the parties to move forward with discovery over the coming months.Replies due by 8/30/2012. Status Conference set for 9/11/2012 at 04:30 PM before Judge Shira A. Scheindlin. (Signed by Judge Shira A. Scheindlin on 7/13/2012) (ft)

July 13, 2012 PACER
60

REQUEST for Entry of Default. Document filed by Leroy Peoples.(lmb)

July 20, 2012 PACER
61

SUGGESTION OF DEATH upon the record as to Curtis Drown on 3/29/11. Document filed by Norman Bezio, D. Rock(Harben, Jeb)

Aug. 14, 2012 PACER
62

ENDORSED LETTER addressed to Judge Richard J. Sullivan from Taylor Pendergrass dated 8/15/2012 re: Counsel respectfully request that the current response date be adjourned to permit time for counsel to confirm whether they will be representing Mr. Peoples and, if so, to then prepare papers in response to the Defendants' pending motion. Counsel would request the response date be adjourned to September 10, with Defendants' reply on September 20. ENDORSEMENT: Request granted. Peoples' opposition is due September 10 and defendant's reply is due September 20. Set Deadlines/Hearing as to [55] MOTION to Dismiss Amended Complaint. :( Responses due by 9/10/2012, Replies due by 9/20/2012.) (Signed by Judge Shira A. Scheindlin on 8/15/2012) (jfe)

Aug. 15, 2012 PACER
64

NOTICE OF APPEARANCE OF PRO BONO COUNSEL by Taylor Scott Pendergrass on behalf of Leroy Peoples (Pendergrass, Taylor)

Aug. 22, 2012 PACER
65

NOTICE OF APPEARANCE by Christopher T Dunn on behalf of Leroy Peoples (Dunn, Christopher)

Aug. 23, 2012 PACER
66

ENDORSED LETTER addressed to Judge Shira A. Scheindlin from Jeb Harben dated 8/10/2012 re: counsel for defendant writes that for the reasons that are set forth in this letter, the motion requesting a default judgment against Mr. Drown should be denied. ENDORSEMENT: Plaintiffs' motion for default judgment against Curtis Drown is denied, as he died three months prior to the alleged service on his agent. The Clerk is directed to close this motion [Docket No. 60]. (Signed by Judge Shira A. Scheindlin on 8/23/2012) (pl)

Aug. 23, 2012 PACER
67

MEMORANDUM OF LAW in Opposition re: [55] MOTION to Dismiss Amended Complaint.. Document filed by Leroy Peoples. (Pendergrass, Taylor)

Sept. 10, 2012 RECAP
68

ENDORSED LETTER addressed to Judge Shira A. Scheindlin, from Taylor Pendergrass, dated 9/10/2012, re: confirming the date for the next status conference in the above matter. See ECF Doc. 62. Plaintiff's opposition to the motion to dismiss is now due on September 10, 2012, and the Defendants' reply will be due on September 20. Plaintiff's counsel would be available to appear anytime the week of September 24 or thereafter. ENDORSEMENT: The September 11, 2012 status conference is adjourned and rescheduled to Friday, September 28, 2012 at 12:30 p.m. SO ORDERED. ( Status Conference set for 9/28/2012 at 12:30 PM before Judge Shira A. Scheindlin.) (Signed by Judge Shira A. Scheindlin on 9/10/2012) (ja)

Sept. 10, 2012 PACER
69

REPLY AFFIRMATION of Jeb Harben in Support re: [55] MOTION to Dismiss Amended Complaint.. Document filed by Norman Bezio, D. Rock. (Harben, Jeb)

Sept. 20, 2012 PACER
70

REPLY MEMORANDUM OF LAW in Support re: [55] MOTION to Dismiss Amended Complaint.. Document filed by Norman Bezio, D. Rock. (Harben, Jeb)

Sept. 20, 2012 PACER
71

ENDORSED LETTER addressed to Judge Shira A. Sheindlin from Christopher Dunn dated 9/27/12 re: Counsel writes on behalf of former pro se plaintiff to request an adjournment of the status conference scheduled for tomorrow at 12:30. ENDORSEMENT: Request to adjourn the status conference is granted and rescheduled to October 12, 2012 at 5:00 p.m. So ordered. ( Status Conference set for 10/12/2012 at 05:00 PM before Judge Shira A. Scheindlin.) (Signed by Judge Shira A. Scheindlin on 9/27/2012) (mro)

Sept. 27, 2012 PACER

Minute Entry for proceedings held before Judge Shira A. Scheindlin: Pre-Motion Conference held on 10/5/2012. (ft)

Oct. 5, 2012 PACER
72

REPLY MEMORANDUM OF LAW in Opposition re: [55] MOTION to Dismiss Amended Complaint. Plaintiff's Sur-Reply Brief in Opposition to Defendants' Motion to Transfer Venue. Document filed by Leroy Peoples. (Pendergrass, Taylor)

Oct. 12, 2012 RECAP
73

ENDORSED LETTER addressed to Judge Shira A. Scheindlin, from Jeb Harben, dated 10/18/2012, re: Today plaintiff's counsel requested that my office facilitate an unmonitored telephone call between counsel and plaintiff at Attica Correctional Facility beginning at 1:00 p.m. on October 22, 2012 and ending no later than 3:00 p.m. that day. We request that you endorse this letter and So Order this legal conference call accordingly so that I may forward the endorsed letter to Attica and the call can be scheduled as soon as possible. ENDORSEMENT: The Attorney General is directed to facilitate an unmonitored call between Leroy Peoples and his counsel on October 22, 2012 between 1 p.m. and 3 p.m. So Ordered. (Signed by Judge Shira A. Scheindlin on 10/18/2012) (ja)

Oct. 18, 2012 PACER

Minute Entry for proceedings held before Judge Shira A. Scheindlin: Status Conference held on 10/23/2012. (ft)

Oct. 23, 2012 PACER

Set/Reset Deadlines: ( Responses due by 12/17/2012, Replies due by 12/31/2012.), Set/Reset Hearings: (ama)

Oct. 24, 2012 PACER
74

ORDER granting [55] Motion to Dismiss. To permit defendants an opportunity to move against the operative complaint, defendants' current motion to dismiss is hereby withdrawn, without prejudice, subject to reinstatement by December 3,2012. Plaintiff shall respond by December 17, 2012, and defendants' reply is due by December 31,2012. The Clerk of the Court is directed to close defendants' motion to dismiss (Docket Entry # 55). SO ORDERED.(Signed by Judge Shira A. Scheindlin on 10/23/2012) (ama)

Oct. 24, 2012 RECAP
75

MEMO ENDORSEMENT on LAW STUDENT INTERN APPEARANCE FORM: Consent of Judge I authorize this student: William Swearinger (a) to appear in court or other proceedings on behalf of the above client, and (b)to prepare documents on behalf of the above client. (Signed by Judge Shira A. Scheindlin on 10/23/2012) (ama) Modified on 10/24/2012 (ama).

Oct. 24, 2012 PACER
76

MEMO ENDORSEMENT on LAW STUDENT INTERN APPEARANCE FORM Consent of Judge I authorize this student: Kyle Valenti (a) to appear in court or other proceedings on behalf of the above client, and (b) to prepare documents on behalf of the above client. (Signed by Judge Shira A. Scheindlin on 10/23/2012) (ama)

Oct. 24, 2012 PACER
77

ORDER OF REFERENCE TO A MAGISTRATE JUDGE: Order that case be referred to the Clerk of Court for assignment to a Magistrate Judge for Settlement. Referred to Magistrate Judge Debra C. Freeman. December would be best. SO ORDERED. (Signed by Judge Shira A. Scheindlin on 10/23/2012) (ama)

Oct. 24, 2012 PACER
78

SCHEDULING ORDER: Amended Pleadings due by 11/19/2012. Motions to Dismiss 12/3, 12/17, 12/31/2012. Discovery due by 4/19/2013. Final Pretrial Conference set for 4/15/2013 at 04:30 PM before Judge Shira A. Scheindlin. Pretrial Order due by 5/17/2013. Jury Trial. Parties anticipate that the trial will last 3 days. (Signed by Judge Shira A. Scheindlin on 10/23/2012) (lb)

Oct. 24, 2012 PACER
79

ORDER: Because of delays caused by Hurricane Sandy, I hereby grant plaintiff's request, on consent, for the deadline extensions listed in plaintiff s letter of November 14, 2012. Specifically, the briefing deadlines will now be as follows: 12/6/12 for the Second Amended Complaint; 12/20/12 for the Renewed Motion to Dismiss; 1/11/2013 for the Response to the Renewed Motion to Dismiss; and 1/25/13 for the Reply to the Renewed Motion to Dismiss. The discovery and pretrial deadlines will now be as follows: 12/21/12 for document requests; 11/21/13 for document responses; 3/18/13 for the deposition deadline; 4/15/13 for plaintiffs expert report; 5/16/13 for defendants' expert report; 6/3/13 for expert depositions; 6/3/13 for the discovery cut-off; 6/14/13 for the pretrial order to defendants; and 7/1/13 for the pretrial order to the Court. Finally, the previously scheduled pretrial conference will now be held June 11, 2013 at 4:30 p.m.( Amended Pleadings due by 12/6/2012. Deposition due by 6/3/2013. Discovery due by 6/3/2013, Motions due by 12/20/2012. Pretrial Order due by 7/1/2013. Responses due by 1/11/2013, Replies due by 1/25/2013.) ( Pretrial Conference set for 6/11/2013 at 04:30 PM before Judge Shira A. Scheindlin.) (Signed by Judge Shira A. Scheindlin on 11/18/2012) (djc)

Nov. 19, 2012 PACER

State / Territory: New York

Case Type(s):

Prison Conditions

Special Collection(s):

Solitary confinement

Key Dates

Filing Date: April 18, 2011

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

All current and future NY State prisoners.

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

ACLU Affiliates (any)

New York Civil Liberties Union (NYCLU)

Public Interest Lawyer: Yes

Filed Pro Se: Yes

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

New York State Department of Correctional Services, State

Upstate Correctional Facility (Town of Malone, Franklin), State

Green Haven Correctional Facility (Beekman, NY, Dutchess), State

Defendant Type(s):

Corrections

Case Details

Causes of Action:

42 U.S.C. § 1983

Constitutional Clause(s):

Cruel and Unusual Punishment

Availably 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

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Amount Defendant Pays: $1,100,000

Order Duration: 2016 - 2021

Content of Injunction:

Recordkeeping

Reporting

Issues

General:

Classification / placement

Conditions of confinement

Disciplinary segregation

Failure to supervise

Failure to train

Protective custody

Recreation / Exercise

Sanitation / living conditions

Solitary confinement/Supermax (conditions or process)

Suicide prevention

Disability:

Mental impairment

Type of Facility:

Government-run