Case: United States v. Erie County

1:09-cv-00849 | U.S. District Court for the Western District of New York

Filed Date: Sept. 30, 2009

Case Ongoing

Clearinghouse coding complete

Case Summary

On September 30, 2009, following a two year investigation, the United States Department of Justice (DOJ) filed this lawsuit in the U.S. District Court of the Western District of New York under the Civil Rights of Institutionalized Persons Act of 1980 (CRIPA) against Erie County. The DOJ asked the court for declaratory and injunctive relief, claiming that confinement conditions at Erie County Holding Center (ECHC) and the Erie County Correction Facility (ECCF) violated the federal constitutional…

On September 30, 2009, following a two year investigation, the United States Department of Justice (DOJ) filed this lawsuit in the U.S. District Court of the Western District of New York under the Civil Rights of Institutionalized Persons Act of 1980 (CRIPA) against Erie County. The DOJ asked the court for declaratory and injunctive relief, claiming that confinement conditions at Erie County Holding Center (ECHC) and the Erie County Correction Facility (ECCF) violated the federal constitutional rights of inmates incarcerated there. The complaint and the attached findings letter detailed the defendants' alleged failures in the areas of protection from harm, environmental safety, medical care, mental health care, and suicide prevention.

The court (Judge William M. Skretny) ordered expedited discovery related to suicide prevention and mental health treatment protocols at ECHC. 2010 WL 986505 (W.D.N.Y. Mar. 17, 2010). The court subsequently granted additional motions to expedite discovery, granted in part and denied in part the plaintiff's motion to compel, and granted in part and denied in part the defendants' motion for a protective order. 2010 WL 1038650 (W.D.N.Y. Mar. 19, 2010).

On June 22, 2010, the court approved the parties' stipulated settlement agreement concerning only the suicide prevention and related mental health claims. As part of this stipulation, the parties agreed to select a Joint Compliance Officer (JCO) with relevant experience in the field of corrections, mental health care, suicide prevention, or medical care, to file with the court and provide the parties with reports evaluating the extent to which the defendants were in compliance with each substantive provision of the settlement. These reports were to be issued every four months, after a two-week comment period afforded to the parties.

On July 9, 2010, the court denied the defendants' motion to dismiss, holding that CRIPA was not unconstitutional as applied to the defendants. However, despite technical compliance, the original complaint violated the spirit underlying Rules 8 and 10 of the Federal Rules of Civil Procedure. Consequently, the court ordered the DOJ to file an amended complaint within 14 days. 724 F. Supp. 2d 357 (W.D.N.Y. 2010). On July 23, 2010, the DOJ filed an amended complaint.

On August 25, 2011, the court ordered a stipulated dismissal of the action agreed upon by the parties. This second Stipulated Order of Dismissal resolved the remaining claims, including protection from harm, provision of medical and mental health treatment, and environmental health and safety. This stipulation recognized that, without any admission of liability on their part, the defendants would continue developing and implementing policies, practices, and procedures to address concerns at ECHS and ECCF. The Stipulated Order stated general goals with respect to each of the areas of concern raised, as well as more specific actions for achieving these goals, such as procedure development, additional training and staffing, and enhanced record keeping.

On June 21, 2012, the New York Civil Liberties Union (NYCLU) moved for leave to intervene and to unseal the the previously filed compliance reports and vacate the standing order permitting future sealed filings. The court denied the motion to unseal the records and vacate the standing order and terminated NYCLU from the case. 2013 WL 4679070 (W.D.N.Y. Aug. 30, 2013). NYCLU appealed this decision to the United States Court of Appeals for the Second Circuit (13-3653).

On August 18, 2014, the Court of Appeals reversed the District Court, granting NYCLU's motion to intervene and unseal the independently filed TCC records. 763 F.3d 235. On October 30, 2014, the District Court granted in part and denied in part NYCLU's motion. The court denied NYCLU's motion to unseal the semiannual compliance reports filed by the defendant and denied a motion to vacate the standing order, which allowing the sealing of future compliance reports.

Following the court's order, there was a series of document requests and unsealing. This is process is still ongoing. As of May, 2020 the monitor appointed in the settlement agreement was still conducting site visits to ensure compliance with the stipulated order of dismissal.

Summary Authors

Jessica Kincaid (4/12/2014)

Brent Winslow (11/6/2016)

Keagan Potts (3/13/2019)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/4909358/parties/united-states-v-erie-county-new-york/


Judge(s)
Attorney for Plaintiff

Abernathy, Terri J (New York)

Altman, Stephen D (New York)

Armijo, Rumaldo R (New York)

AUSA, Jesse M (New York)

Bagenstos, Samuel R. (District of Columbia)

Attorney for Defendant
Expert/Monitor/Master/Other
Attorney for Plaintiff

Abernathy, Terri J (New York)

Altman, Stephen D (New York)

Armijo, Rumaldo R (New York)

AUSA, Jesse M (New York)

Bagenstos, Samuel R. (District of Columbia)

Baka, Gregory (New York)

Beck, Matthew (New York)

Burke, Matthew (New York)

Burns, Warren T. (New York)

Burrell, Meredith (New York)

Camacho, Renee L (New York)

Clayton, Lindsay Laurie (New York)

Coon, Laura (District of Columbia)

Eichenholtz, Seth D. (New York)

Fleisher, Aaron S (District of Columbia)

Fleming, Mary Pat (New York)

Flood, Todd F. (New York)

Gittleman, Jeffrey B (New York)

Given, Emily (New York)

Goldberg, Arthur R (New York)

Green, Cheryl A (New York)

Gurewitz, Harold Z. (New York)

Harrington, Quinn Patrick (New York)

Hart, Charles W. Jr. (District of Columbia)

Hendry, Melanie Dyani (New York)

Hertz, Michael F (New York)

Hochul, William J. Jr. (New York)

Horwitz, Matthew Joseph (New York)

Houten, Kathryn E (New York)

Hurtado, Samuel A. (New York)

Jansen, Regina (District of Columbia)

Johnson, Leslie S. (New York)

Johnson, Kristin Berger (New York)

Jordan, Aaron O (New York)

Kaminski, Gerald Francis (New York)

Keegan, Ruth Fuess (New York)

Kennebrew, Delora (New York)

King, Loretta (District of Columbia)

Kinner, Russell B (New York)

Kotz, Stephen R. (New York)

Lareau, Alyssa Connell (District of Columbia)

Lawrence, Kathleen O'Malley (New York)

Lesko, Paul A. (New York)

Levingston, Luttrell (New York)

Lloyd, Russell Thomas (New York)

Lopez, Zazy I (District of Columbia)

Lucero, Manuel (New York)

Luma, Daren A. (New York)

Mantese, Gerard V. (New York)

Mark, Carolyn G (New York)

McElvain, Joel (New York)

McEvoy, Lauren Mary (New York)

McNamer, Anthony Edward (New York)

Mehltretter, Kathleen M. (New York)

Messec, Paige (New York)

Miller, E. Powell (New York)

Muecke, Manfred P. (New York)

Murphy, Michael D (New York)

Myrthil, Marlysha (District of Columbia)

Mysliwiec, Paul (New York)

O'Brien, Thomas Peter (New York)

Office, United States (New York)

Ong, Marisa A (New York)

Paternoster, Charles J. (New York)

Peiffer, Joseph C. (New York)

Perez, Alfred Juarez (New York)

Perez, Thomas E. (District of Columbia)

Powell, Kelly (New York)

Preston, Judy C. (District of Columbia)

Reuben, Mindee J (New York)

Rifkin, Lori Ellen (District of Columbia)

Ryan, Elaine A. (New York)

Saucedo, Luis E. (District of Columbia)

Seltzer, Marc M. (New York)

Sklaver, Steven G. (New York)

Smith, Jonathan Mark (District of Columbia)

Stanford, Jon K (New York)

Strong, James C. (New York)

Tait, Monica E (New York)

Taylor, Brock (New York)

Waldorf, James J (New York)

Weiss, Daniel H. (District of Columbia)

Wiethe, Donetta Donaldson (New York)

Wogaman, Paul J (New York)

Documents in the Clearinghouse

Documents in this case

1:09-cv-00849

Docket [PACER]

Nov. 29, 2018

Nov. 29, 2018

Docket

1:09-cv-00849

Re: CRIPA Investigation of the Erie County Holding Center and the Erie County Correctional Facility

USA v. Erie County

No Court

July 15, 2009

July 15, 2009

Findings Letter/Report
1

1:09-cv-00849

Complaint

USA v. Erie County

Sept. 30, 2009

Sept. 30, 2009

Complaint

2009 WL 3290598

42

1:09-cv-00849

Decision and Order

USA v. Erie County

March 6, 2010

March 6, 2010

Order/Opinion
54

1:09-cv-00849

Decision and Order

USA v. Erie County

March 17, 2010

March 17, 2010

Order/Opinion
89-2

1:09-cv-00849

Stipulated Settlement Agreement and Order Concerning Suicide Prevention and Related Mental Health Issues

U.S. v. Erie County

June 18, 2010

June 18, 2010

Settlement Agreement
91

1:09-cv-00849

Order Approving Stipulated Settlement Agreement Concerning Suicide Prevention and Related Mental Health Issues

USA v. Erie County

June 22, 2010

June 22, 2010

Order/Opinion
94

1:09-cv-00849

Decision and Order

USA v. Erie County

July 9, 2010

July 9, 2010

Order/Opinion
97

1:09-cv-00849

Amended Complaint

USA v. Erie County

July 23, 2010

July 23, 2010

Complaint

2010 WL 2973829

225-1

1:09-cv-00849

Stipulated Order of Dismissal

U.S. v. Erie County

Aug. 18, 2011

Aug. 18, 2011

Order/Opinion

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4909358/united-states-v-erie-county-new-york/

Last updated July 12, 2026, 6:43 a.m.

ECF Number Date Description Link
1 Sept. 30, 2009

COMPLAINT against Timothy B. Howard, Richard T. Donovan, Robert Koch, Barbara Leary, Donald Livingston, Erie County, New York, Chris Collins, Anthony Billittier, filed by United States of America. (Attachments: #(1) Continuance of Exhibits.) (DLC) (Entered: 09/30/2009)

1 Continuance of Exhibits

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2 Sept. 30, 2009

AUTOMATIC REFERRAL to Mediation. (DLC) (Entered: 09/30/2009)

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3 Sept. 30, 2009

NOTICE of Appearance by Mary Pat Fleming on behalf of United States of America (Fleming, Mary) (Entered: 09/30/2009)

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Sept. 30, 2009

Summons Issued

Sept. 30, 2009

Summons Issued as to Timothy B. Howard, Richard T. Donovan, Robert Koch, Barbara Leary, Donald Livingston, Erie County, New York, Chris Collins, Anthony Billittier. (DLC)

4 Oct. 19, 2009

AFFIDAVIT of Service for Summons & Complaint served on Barbara Leary, First Deputy Superintendent Erie County Holding Center on October 1, 2009, filed by United States of America. (Attachments: # 1 Exhibit A&B)(Fleming, Mary) (Entered: 10/19/2009)

2 Exhibit A&B

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5 Oct. 19, 2009

AFFIDAVIT of Service for Summons & Complaint served on Timothy B. Howard, Erie County Sheriff on October 1, 2009, filed by United States of America. (Attachments: # 1 Exhibit A&B)(Fleming, Mary) (Entered: 10/19/2009)

2 Exhibit A&B

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6 Oct. 19, 2009

AFFIDAVIT of Service for Summons & Complaint served on Donald Livingston, First Deputy Superintendent, Erie County Correctional Facility on October 1, 2009, filed by United States of America. (Attachments: # 1 Exhibit A&B)(Fleming, Mary) (Entered: 10/19/2009)

2 Exhibit A&B

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7 Oct. 19, 2009

AFFIDAVIT of Service for Summons & Complaint served on The Honorable Christopher Collins, Erie County Executive on October 1, 2009, filed by United States of America. (Attachments: # 1 Exhibit A&B)(Fleming, Mary) (Entered: 10/19/2009)

2 Exhibit A&B

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8 Oct. 19, 2009

AFFIDAVIT of Service for Summons & Complaint served on Erie County, New York c/o Christopher Collins on October 1, 2009, filed by United States of America. (Attachments: # 1 Exhibit A&B)(Fleming, Mary) (Entered: 10/19/2009)

2 Exhibit A&B

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9 Oct. 19, 2009

AFFIDAVIT of Service for Summons & Complaint served on Anthony Billittier IV, M.D., Erie County Health Commissioner on October 1, 2009, filed by United States of America. (Attachments: # 1 Exhibit A&B)(Fleming, Mary) (Entered: 10/19/2009)

2 Exhibit A&B

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10 Oct. 19, 2009

AFFIDAVIT of Service for Summons & Complaint served on Robert Koch, Superintendent, Administrative Services Division, Jail Management Division on October 1, 2009, filed by United States of America. (Attachments: # 1 Exhibit A&B)(Fleming, Mary) (Entered: 10/19/2009)

2 Exhibit A&B

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11 Oct. 19, 2009

AFFIDAVIT of Service for Summons & Complaint served on Richard T. Donovan, Undersheriff on October 1, 2009, filed by United States of America. (Attachments: # 1 Exhibit A&B)(Fleming, Mary) (Entered: 10/19/2009)

2 Exhibit A&B

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12 Oct. 21, 2009

ORDER GRANTING Defendants' request to extend the page limit to 40 pages. Signed by William M. Skretny U.S.D.J. on 10/21/2009. (MEAL) (Entered: 10/21/2009)

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13 Oct. 21, 2009

MOTION to Dismiss the Complaint by Timothy B. Howard, Richard T. Donovan, Robert Koch, Barbara Leary, Donald Livingston, Erie County, New York, Chris Collins, Anthony Billittier.(Wheaton, Kristin) (Entered: 10/21/2009)

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14 Oct. 21, 2009

DECLARATION signed by Cheryl A. Green re 13 MOTION to Dismiss the Complaint filed by Timothy B. Howard, Richard T. Donovan, Robert Koch, Barbara Leary, Donald Livingston, Erie County, New York, Chris Collins, Anthony Billittier. (Attachments: # 1 Exhibit A - August 2009 letters, # 2 Exhibit B - 091009 response letter, # 3 Exhibit C - COC lawsuit Ex A-U, # 4 Exhibit C - contd- COC lawsuit Ex V-TT)(Wheaton, Kristin) (Entered: 10/21/2009)

2 Exhibit A - August 2009 letters

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3 Exhibit B - 091009 response letter

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4 Exhibit C - COC lawsuit Ex A-U

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5 Exhibit C - contd- COC lawsuit Ex V-TT

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15 Oct. 21, 2009

MEMORANDUM IN SUPPORT re 14 Declaration, 13 MOTION to Dismiss the Complaint byTimothy B. Howard, Richard T. Donovan, Robert Koch, Barbara Leary, Donald Livingston, Erie County, New York, Chris Collins, Anthony Billittier. (Attachments: # 1 Exhibit A - City of Columbus case)(Wheaton, Kristin) (Entered: 10/21/2009)

2 Exhibit A - City of Columbus case

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16 Oct. 23, 2009

NOTICE of Appearance by Cheryl A. Green on behalf of Timothy B. Howard, Richard T. Donovan, Robert Koch, Barbara Leary, Donald Livingston, Erie County, New York, Chris Collins, Anthony Billittier. (DLC) (Entered: 10/27/2009)

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17 Nov. 1, 2009

TEXT SCHEDULING ORDER on Defendants' 13 Motion to Dismiss. Response due by 11/23/2009. Reply due by 12/7/2009. Oral Argument is scheduled for 12/16/2009 at 2:00 p.m. SO ORDERED. Issued by William M. Skretny U.S.D.J. on 10/29/2009. (MEAL) (Entered: 11/01/2009)

RECAP
Nov. 3, 2009

CALENDAR ENTRY: Oral Argument on Defendants' 13 Motion to Dismiss is scheduled for 12/16/2009 at 2:00 p.m. before William M. Skretny U.S.D.J. (MEAL)

Nov. 3, 2009

Set/Reset Hearings

18 Nov. 19, 2009

ORDER GRANTING the Plaintiff's request for a page extension. Signed by William M. Skretny U.S.D.J. on 11/18/2009. (MEAL) (Entered: 11/19/2009)

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19 Nov. 23, 2009

RESPONSE in Opposition re 13 MOTION to Dismiss the Complaint filed by United States of America. (Attachments: # 1 Supplement Declaration of United States Attorney)(Lopez, Zazy) (Entered: 11/23/2009)

2 Supplement Declaration of United States Attorney

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20 Dec. 4, 2009

NOTICE by United States of America of Appearance by Samuel R. Bagenstos (Hart, Charles) (Entered: 12/04/2009)

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21 Dec. 7, 2009

REPLY/RESPONSE to re 19 Response in Opposition to Motion filed by Timothy B. Howard, Richard T. Donovan, Robert Koch, Barbara Leary, Donald Livingston, Erie County, New York, Chris Collins, Anthony Billittier. (Wheaton, Kristin) (Entered: 12/07/2009)

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22 Dec. 8, 2009

ORDER GRANTING page extension request. Signed by William M. Skretny U.S.D.J. on 12/7/2009. (MEAL) (Entered: 12/08/2009)

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23 Dec. 16, 2009

Minute Entry for proceedings held before William M. Skretny U.S.D.J.: Oral Argument held on 12/16/2009 on Defendants' 13 Motion to Dismiss the Complaint. Court reserves decision. For the pltf. - Samuel R. Bagenstos, Mary Roach, Zazy Ivonne Lopez. For the defts. - Cheryl Green, Kristin Klein Wheaton. (Court Reporter Michelle McLaughlin.) (MEAL) (Entered: 12/20/2009)

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24 Jan. 21, 2010

NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings held on December 16, 2009, before Judge William M. Skretny. Court Reporter/Transcriber Michelle L. McLaughlin, Telephone number 716-332-3560. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER.. Redaction Request due 2/11/2010. Redacted Transcript Deadline set for 2/22/2010. Release of Transcript Restriction set for 4/21/2010. (DLC) (Entered: 01/21/2010)

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25 Feb. 4, 2010

MOTION to Expedite Discovery by United States of America.(Lareau, Alyssa) (Entered: 02/04/2010)

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26 Feb. 4, 2010

MOTION to Expedite Discovery, Memorandum in Support by United States of America.(Lareau, Alyssa) (Entered: 02/04/2010)

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27 Feb. 4, 2010

MOTION to Expedite Discovery, Declaration of Aaron Fleisher by United States of America. (Attachments: # 1 Exhibit Proposed Interrogatories, # 2 Exhibit Proposed Document Requests, # 3 Exhibit Proposed Request for Entry and Inspection)(Lareau, Alyssa) (Entered: 02/04/2010)

2 Exhibit Proposed Interrogatories

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3 Exhibit Proposed Document Requests

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4 Exhibit Proposed Request for Entry and Inspection

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28 Feb. 4, 2010

MOTION to Expedite Discovery, Declaration of Lindsay M. Hayes by United States of America. (Attachments: # 1 Exhibit Curriculum Vitae of Lindsay M. Hayes, # 2 Exhibit List of Documents Reviewed)(Lareau, Alyssa) (Entered: 02/04/2010)

2 Exhibit Curriculum Vitae of Lindsay M. Hayes

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3 Exhibit List of Documents Reviewed

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29 Feb. 5, 2010

MOTION to Expedite Discovery by United States of America.(Lareau, Alyssa) (Entered: 02/05/2010)

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30 Feb. 5, 2010

Memorandum in Support to expedite by United States of America.(Lareau, Alyssa) Modified on 2/17/2010 (DLC). (Entered: 02/05/2010)

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Feb. 5, 2010

E-Filing Notification: Username and signature do not match (refer to Administrative Procedures Guide Section 1-3c). Action required: re-file document using same signature and password and file updated proof of service. Re: 25 MOTION to Expedite, and 26 MOTION to Expedite Discovery, Memorandum in Support. (DOT)

Feb. 5, 2010

E-Filing Notification Name/Signature Don't Match

Feb. 5, 2010

E-Filing Notification: Document filed improperly as a motion. Court terminated motions and modified docket text to correctly reflect filing event as Declarations. No action required. Re: 27 Declaration of Aaron Fleisher, and 28 Declaration of Lindsay M. Hayes. (DLC)

Feb. 5, 2010

E-Filing Notification Document Filed As Motion

31 Feb. 17, 2010

TEXT SCHEDULING ORDER on Plaintiff's 29 Motion to Expedite Discovery. Response due by 2/23/2010. Reply due by 2/26/2010. SO ORDERED. Issued by William M. Skretny, Chief Judge U.S.D.C. on 2/16/2010. (MEAL) (Entered: 02/17/2010)

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Feb. 17, 2010

E-Filing Notification Document Filed As Motion

Feb. 17, 2010

E-Filing Notification: Document filed improperly as a motion. Court terminated motion and modified docket text to correctly reflect filing event. No action required. ***Motions terminated: 30 MOTION to Expedite Discovery, Memorandum in Support filed by United States of America. (DLC)

32 Feb. 23, 2010

DECLARATION signed by Robert A. Koch, Jr. re 29 MOTION to Expedite Discovery, 25 MOTION to Expedite Discovery filed by Timothy B. Howard, Richard T. Donovan, Robert Koch, Barbara Leary, Donald Livingston, Erie County, New York, Chris Collins, Anthony Billittier in opposition to the DOJ's motion to expedite discovery filed by Timothy B. Howard, Richard T. Donovan, Robert Koch, Barbara Leary, Donald Livingston, Erie County, New York, Chris Collins, Anthony Billittier. (Attachments: # 1 Exhibit A - Suicide Screening Policy, # 2 Exhibit B - Training materials, # 3 Exhibit C - Constant Observation policy, # 4 Exhibit D - Technical Assistance Report, # 5 Exhibit E - NCCHC standards on suicide prevention)(Wheaton, Kristin) (Entered: 02/23/2010)

2 Exhibit A - Suicide Screening Policy

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3 Exhibit B - Training materials

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4 Exhibit C - Constant Observation policy

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5 Exhibit D - Technical Assistance Report

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6 Exhibit E - NCCHC standards on suicide prevention

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33 Feb. 23, 2010

DECLARATION signed by Cheryl A. Green re 29 MOTION to Expedite Discovery, 25 MOTION to Expedite Discovery filed by Timothy B. Howard, Richard T. Donovan, Robert Koch, Barbara Leary, Donald Livingston, Erie County, New York, Chris Collins, Anthony Billittier in opposition to the DOJ's motion to expedite discovery filed by Timothy B. Howard, Richard T. Donovan, Robert Koch, Barbara Leary, Donald Livingston, Erie County, New York, Chris Collins, Anthony Billittier. (Wheaton, Kristin) (Entered: 02/24/2010)

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34 Feb. 24, 2010

MEMORANDUM in Opposition re 29 MOTION to Expedite Discovery, 30 MOTION to Expedite Discovery, Memorandum in Support, 25 MOTION to Expedite Discovery, 28 MOTION to Expedite Discovery, Declaration of Lindsay M. Hayes, 26 MOTION to Expedite Discovery, Memorandum in Support, 27 MOTION to Expedite Discovery, Declaration of Aaron Fleisher filed by Timothy B. Howard, Richard T. Donovan, Robert Koch, Barbara Leary, Donald Livingston, Erie County, New York, Chris Collins, Anthony Billittier. (Wheaton, Kristin) (Entered: 02/24/2010)

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35 Feb. 26, 2010

ORDER GRANTING Plaintiff's page extension request. Signed by William M. Skretny, Chief Judge U.S.D.C. on 2/25/2010. (MEAL) (Entered: 02/26/2010)

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36 Feb. 26, 2010

REPLY to Response to Motion re 29 MOTION to Expedite Discovery filed by United States of America. (Hart, Charles) (Entered: 02/26/2010)

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37 Feb. 26, 2010

DECLARATION signed by Zazy I. Lopez re 36 Reply to Response to Motion filed by United States of America filed by United States of America. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Hart, Charles) (Entered: 02/26/2010)

2 Exhibit A

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3 Exhibit B

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38 Feb. 26, 2010

DECLARATION signed by Lindsay M. Hayes re 36 Reply to Response to Motion filed by United States of America filed by United States of America. (Hart, Charles) (Entered: 02/26/2010)

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39 Feb. 26, 2010

DECLARATION signed by James E. Lawrence re 36 Reply to Response to Motion filed by United States of America filed by United States of America. (Attachments: # 1 Exhibit 1)(Hart, Charles) (Entered: 02/26/2010)

2 Exhibit 1

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40 March 1, 2010

REPLY to Response to Motion re 29 MOTION to Expedite Discovery filed by United States of America. (Lopez, Zazy) (Entered: 03/01/2010)

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March 1, 2010

E-Filing Notification: Username and signature do not match (refer to Administrative Procedures Guide Section 1-3c). Action required: re-file document using same signature and password and file updated proof of service. Re: 36 REPLY to Response to Motion re 29 MOTION to Expedite Discovery filed by United States of America. (Hart, Charles.) (DLC)

March 1, 2010

E-Filing Notification Name/Signature Don't Match

41 March 4, 2010

MOTION for Leave to File Supplemental Declaration by United States of America. (Attachments: # 1 Proposed Declaration of Zazy I. Lopez)(Lopez, Zazy) (Entered: 03/04/2010)

2 Proposed Declaration of Zazy I. Lopez

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42 March 6, 2010

DECISION AND ORDER GRANTING the Justice Department's 29 Motion for Expedited Discovery; DIRECTING the defendants to respond to the [27-2] First Set of Interrogatories within 14 days of service; DIRECTING the defendants to respond to the [27-3] First Request for Production of Documents within 14 days of service; DIRECTING the defendants to respond to the [27-4] First Request for Entry and Inspection within 14 days of service; DIRECTING the defendants to permit the Justice Department's attorneys and consultants to enter and inspect the ECHC on March 22 and 23, 2010, for the purposes stated in the [27-4] First Request for Entry and Inspection; GRANTING the Justice Department's 41 Motion to File a Supplemental Declaration. Signed by William M. Skretny, Chief Judge U.S.D.C. on 3/6/2010. (MEAL) (Entered: 03/06/2010)

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43 March 11, 2010

MOTION to Compel Defendants' Compliance with the Court's March 6, 2010 Decision and Order by United States of America. (Attachments: # 1 Memorandum in Support, # 2 Text of Proposed Order)(Lopez, Zazy) (Entered: 03/11/2010)

2 Memorandum in Support

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3 Text of Proposed Order

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44 March 11, 2010

DECLARATION signed by Zazy I. Lopez re 43 MOTION to Compel Defendants' Compliance with the Court's March 6, 2010 Decision and Order filed by United States of America. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C)(Lopez, Zazy) (Entered: 03/11/2010)

2 Exhibit A

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3 Exhibit B

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4 Exhibit C

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45 March 11, 2010

MOTION to Expedite Hearing of Motion to Compel (Docket No. 43) by United States of America.(Lopez, Zazy) (Entered: 03/11/2010)

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46 March 12, 2010

MOTION for Protective Order and for a FRCP 16 conference by Timothy B. Howard, Richard T. Donovan, Robert Koch, Barbara Leary, Donald Livingston, Erie County, New York, Chris Collins, Anthony Billittier.(Wheaton, Kristin) (Entered: 03/12/2010)

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47 March 12, 2010

AFFIDAVIT re 46 MOTION for Protective Order and for a FRCP 16 conference by Timothy B. Howard, Richard T. Donovan, Robert Koch, Barbara Leary, Donald Livingston, Erie County, New York, Chris Collins, Anthony Billittier. (Attachments: # 1 Exhibit A - County Response to FRCP 34 Noticeo of Entry and Inspection, # 2 Exhibit B - Consent Decree from Carey case)(Wheaton, Kristin) (Entered: 03/12/2010)

2 Exhibit A - County Response to FRCP 34 Noticeo of Entry and Inspection

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3 Exhibit B - Consent Decree from Carey case

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48 March 12, 2010

MEMORANDUM IN SUPPORT re 47 Affidavit, 46 MOTION for Protective Order and for a FRCP 16 conference byTimothy B. Howard, Richard T. Donovan, Robert Koch, Barbara Leary, Donald Livingston, Erie County, New York, Chris Collins, Anthony Billittier. (Wheaton, Kristin) (Entered: 03/12/2010)

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49 March 12, 2010

MOTION to Expedite Hearing under Local Rule 7.1(d) on Motion for Protective Order and for FRCP 16 conference by Timothy B. Howard, Richard T. Donovan, Robert Koch, Barbara Leary, Donald Livingston, Erie County, New York, Chris Collins, Anthony Billittier.(Wheaton, Kristin) (Entered: 03/12/2010)

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50 March 15, 2010

RESPONSE to Motion re 46 MOTION for Protective Order and for a FRCP 16 conference filed by United States of America. (Lopez, Zazy) (Entered: 03/15/2010)

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51 March 15, 2010

DECLARATION signed by Zazy I. Lopez re 43 MOTION to Compel Defendants' Compliance with the Court's March 6, 2010 Decision and Order filed by United States of America (Supplemental). (Attachments: # 1 Text of Proposed Order)(Lopez, Zazy) (Entered: 03/15/2010)

2 Text of Proposed Order

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52 March 16, 2010

DECLARATION signed by Cheryl A. Green re 51 Declaration, 50 Response to Motion filed by Timothy B. Howard, Richard T. Donovan, Robert Koch, Barbara Leary, Donald Livingston, Erie County, New York, Chris Collins, Anthony Billittier in further support of the defendants motion for a protective order filed by Timothy B. Howard, Richard T. Donovan, Robert Koch, Barbara Leary, Donald Livingston, Erie County, New York, Chris Collins, Anthony Billittier. (Attachments: # 1 Exhibit A - Newspaper article)(Wheaton, Kristin) (Entered: 03/16/2010)

2 Exhibit A - Newspaper article

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53 March 16, 2010

REPLY/RESPONSE to re 51 Declaration, 50 Response to Motion reply memorandum of law on behalf of the defendants filed by Timothy B. Howard, Richard T. Donovan, Robert Koch, Barbara Leary, Donald Livingston, Erie County, New York, Chris Collins, Anthony Billittier. (Wheaton, Kristin) (Entered: 03/16/2010)

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54 March 17, 2010

DECISION AND ORDER GRANTING the parties' 45 49 Motions to Expedite; GRANTING in part and DENYING in part the Justice Department's 43 Motion to Compel; GRANTING in part and DENYING in part the Defendants' 46 Motion for Protective Order. Signed by William M. Skretny, Chief Judge U.S.D.C. on 3/17/2010. (MEAL)

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55 March 17, 2010

TEXT REFERRAL ORDER - Hon. Jeremiah J. McCarthy, United States Magistrate Judge, is hereby designated to act in this case as follows: Pursuant to 28 U.S.C. § 636(b)(1)(A), all pre-trial matters in this case are referred to the above-named United States Magistrate Judge, including but not limited to: (1) conduct of a scheduling conference and entry of a scheduling order pursuant to Fed. R. Civ. P. 16, (2) hearing and disposition of all non-dispositive motions or applications, (3) supervision of discovery, and (4) supervision of all procedural matters involving the aforementioned or involving the preparation of the case or any matter therein for consideration by the District Judge. The Magistrate Judge shall not hear and report upon dispositive motions for the consideration of the District Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and (C), unless further ordered by this Court. All motions or applications shall be filed with the Clerk and made returnable before the Magistrate Judge. The parties are encouraged to consider the provisions of 28 U.S.C. § 636(c) governing consent to either partial or complete disposition of the case, including trial if necessary, by the Magistrate Judge. Consent forms are available from the office of the Magistrate Judge or the office of the Clerk of Court. IT IS SO ORDERED. Issued by Judge William M. Skretny on 3/17/2010. (JCD) (Entered: 03/17/2010)

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56 March 18, 2010

MOTION to Stay re 42 Order on Motion to Expedite,, Order on Motion for Leave to File,,,,,,,,, 54 Order, Terminate Motions, Set Hearings,,, Partial Stay by Timothy B. Howard, Richard T. Donovan, Robert Koch, Barbara Leary, Donald Livingston, Erie County, New York, Chris Collins, Anthony Billittier.(Wheaton, Kristin) (Entered: 03/18/2010)

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57 March 18, 2010

AFFIDAVIT re 56 MOTION to Stay re 42 Order on Motion to Expedite,, Order on Motion for Leave to File,,,,,,,,, 54 Order, Terminate Motions, Set Hearings,,, Partial Stay MOTION to Stay re 42 Order on Motion to Expedite,, Order on Motion for Leave to File,,,,,,,,, 54 Order, Terminate Motions, Set Hearings,,, Partial Stay by Timothy B. Howard, Richard T. Donovan, Robert Koch, Barbara Leary, Donald Livingston, Erie County, New York, Chris Collins, Anthony Billittier. (Wheaton, Kristin) (Entered: 03/18/2010)

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58 March 18, 2010

MEMORANDUM IN SUPPORT re 56 MOTION to Stay re 42 Order on Motion to Expedite,, Order on Motion for Leave to File,,,,,,,,, 54 Order, Terminate Motions, Set Hearings,,, Partial Stay MOTION to Stay re 42 Order on Motion to Expedite,, Order on Motion for Leave to File,,,,,,,,, 54 Order, Terminate Motions, Set Hearings,,, Partial Stay byTimothy B. Howard, Richard T. Donovan, Robert Koch, Barbara Leary, Donald Livingston, Erie County, New York, Chris Collins, Anthony Billittier. (Wheaton, Kristin) (Entered: 03/18/2010)

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59 March 18, 2010

MOTION to Expedite Hearing on Motion for Partial Stay by Timothy B. Howard, Richard T. Donovan, Robert Koch, Barbara Leary, Donald Livingston, Erie County, New York, Chris Collins, Anthony Billittier.(Wheaton, Kristin) (Entered: 03/18/2010)

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60 March 18, 2010

TEXT ORDER. IT HEREBY IS ORDERED THAT Defendants' 59 Motion to Expedite its 56 Motion to Stay is GRANTED. Plaintiff shall file its response to Defendants' 56 Motion to Stay by 10:00 a.m. on March 19, 2010, at which time the motion will be taken under advisement. SO ORDERED. Issued by William M. Skretny, Chief Judge U.S.D.C. on 3/18/2010. (MEAL) (Entered: 03/18/2010)

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61 March 19, 2010

MEMORANDUM in Opposition re 56 MOTION to Stay re 42 Order on Motion to Expedite,, Order on Motion for Leave to File,,,,,,,,, 54 Order, Terminate Motions, Set Hearings,,, Partial Stay MOTION to Stay re 42 Order on Motion to Expedite,, Order on Motion for Leave to File,,,,,,,,, 54 Order, Terminate Motions, Set Hearings,,, Partial Stay filed by United States of America. (Lopez, Zazy) (Entered: 03/19/2010)

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62 March 19, 2010

DECISION AND ORDER DENYING Defendants' 56 Motion to Stay. Signed by William M. Skretny, Chief Judge U.S.D.C. on 3/19/2010. (MEAL)

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63 March 19, 2010

Minute Entry for proceedings held before Hon. Jeremiah J. McCarthy: Rule 16 Conference re: facility inspections and interviews held on 3/19/2010. Participants: Mary Pat Fleming/Mary Roach for Plaintiff; Aaron Saul Fleisher, Zazy Ivonne Lopez, Daniel H. Weiss (via telephone) for Plaintiff; Cheryl Green/Kristin Klein Wheaton for Defendants. (DAZ) (Entered: 03/19/2010)

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64 March 22, 2010

Minute Entry for proceedings held before Hon. Jeremiah J. McCarthy: Telephonic Status Conference re dispute held on 3/22/2010. Participants: Mary Pat Fleming, Daniel H. Weiss for Plaintiff; Cheryl A. Green, Kristin Klein Wheaton for Defendants. (DAZ) (Entered: 03/22/2010)

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March 22, 2010

E-Filing Notification: Document missing attorneys electronic signature. Action required: re-file document with proper signature and new proof of service. Re: 61 MEMORANDUM in Opposition filed by United States of America. (Lopez, Zazy) (DLC)

March 22, 2010

E-Filing Notification No Signature

65 March 25, 2010

MEMORANDUM in Opposition re 56 MOTION to Stay re 42 Order on Motion to Expedite,, Order on Motion for Leave to File,,,,,,,,, 54 Order, Terminate Motions, Set Hearings,,, Partial Stay MOTION to Stay re 42 Order on Motion to Expedite,, Order on Motion for Leave to File,,,,,,,,, 54 Order, Terminate Motions, Set Hearings,,, Partial Stay filed by United States of America. (Lopez, Zazy) (Entered: 03/25/2010)

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66 March 26, 2010

ORDER OF PRELIMINARY PRETRIAL CONFERENCE set for 4/23/2010 at 02:30 PM before Hon. Jeremiah J. McCarthy. Signed by Hon. Jeremiah J. McCarthy on 3/26/10. (DAZ) (Entered: 03/29/2010)

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67 March 30, 2010

Joint motion to extend the deposition and notice deadlines of Judge Skretny's March 17, 2010 Decision and Order (Zazy I. Lopez) (Filed at the request of Hon. Jeremiah J. McCarthy). (DAZ) (Entered: 03/30/2010)

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68 March 30, 2010

ORDER granting 67 Joint Motion to extend the deposition and notice deadlines of Judge Skretny's March 17, 2010 Decision and Order. Signed by Hon. Jeremiah J. McCarthy on 3/30/10. (DAZ) (Entered: 03/30/2010)

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69 April 1, 2010

Parties' joint motion to adjourn the Preliminary Pretrial Conference (Zazy I. Lopez)(Filed at the request of Hon. Jeremiah J. McCarthy). (DAZ) (Entered: 04/01/2010)

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70 April 1, 2010

TEXT ORDER : The parties' motion to adjourn the preliminary pretrial conference 69 is GRANTED. The April 23, 2010 preliminary pretrial conference is converted to a status conference. The parties may still participate via telephone by providing the court with telephone numbers where they can be contacted. The court will initiate the call. SO ORDERED. Issued by Hon. Jeremiah J. McCarthy on 4/1/10. (DAZ) (Entered: 04/01/2010)

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71 April 19, 2010

NOTICE by United States of America of Appearance by Luis E. Saucedo (Hart, Charles) (Entered: 04/19/2010)

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72 April 23, 2010

Minute Entry for proceedings held before Hon. Jeremiah J. McCarthy: Status Conference re discovery issues held on 4/23/2010. Participants: Mary Pat Fleming, Luis Saucedo and Zazy Lopez for Plaintiff; Cheryl Green and Kristin Klein Wheaton for Defendants. (DAZ) (Entered: 04/23/2010)

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73 April 26, 2010

TEXT ORDER : A further status conference will be held on May 4, 2010 at 11:00 am. The parties may participate by telephone upon prior notice to chambers. By May 3, 2010, the parties will submit a joint or separate proposals for mediation, including the scope of the mediation and suggestions as to the mediator. SO ORDERED. Issued by Hon. Jeremiah J. McCarthy on 4/26/10. (DAZ) (Entered: 04/26/2010)

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74 April 30, 2010

NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings held on March 19, 2010, before Judge Jeremiah McCarthy. Court Reporter/Transcriber Debra L. Potocki, Telephone number 843-723-2208. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER.. Redaction Request due 5/21/2010. Redacted Transcript Deadline set for 5/31/2010. Release of Transcript Restriction set for 7/29/2010. (DLC) (Entered: 04/30/2010)

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75 April 30, 2010

NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings held on April 23, 2010, before Judge Jeremiah McCarthy. Court Reporter/Transcriber Debra L. Potocki, Telephone number 843-723-2208. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER.. Redaction Request due 5/21/2010. Redacted Transcript Deadline set for 5/31/2010. Release of Transcript Restriction set for 7/29/2010. (DLC) (Entered: 04/30/2010)

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76 May 4, 2010

Minute Entry for proceedings held before Hon. Jeremiah J. McCarthy: Status Conference re mediation issues held on 5/4/2010. Participants: Mary Pat Fleming (in person), Zazy Ivonne Lopez and Luis E. Saucedo (via telephone) for plaintiff; Cheryl A. Green and Kristin Klein Wheaton for Defendants. (DAZ) (Entered: 05/04/2010)

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77 May 4, 2010

TEXT ORDER : In accordance with today's proceeding, this case is referred for expedited mediation on the issue of suicide prevention, as well as mental health treatment to the extent it relates to suicide prevention. This referral is without prejudice to the other issues in the case being mediated at a later time. The parties agree that: 1) by May 7, 2010 at 12:00 p.m. they shall advise the court of a mutually agreeable mediator, or if they are unable to reach agreement, they shall submit their proposed mediators (including their availability), and the court will thereafter designate a mediator; 2) by May 14, 2010 at 5:00 p.m. they shall submit their initial mediation statements to the mediator; 3) subject to the mediator's availability, the initial mediation session will occur on May 18-19, 2010; 4) to the extent the Second Circuit has addressed the deliberate indifference standard applicable to this case, such authority will control for purposes of the mediation; 5) the mediation process will conclude by May 28, 2010 at 5:00 p.m.; and 6) a further status conference is set for June 1, 2010 at 1:30 p.m. before Hon. Jeremiah J. McCarthy. Out of town counsel may participate by telephone. SO ORDERED. Issued by Hon. Jeremiah J. McCarthy on 5/4/10. (DAZ) (Entered: 05/04/2010)

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78 May 11, 2010

ORDER DESIGNATING MEDIATOR. Amy Glass, Esq. is designated as Mediator in this case. Mediation schedule as specified. Signed by William M. Skretny, Chief Judge U.S.D.C. on 5/11/2010. (MEAL) (Entered: 05/11/2010)

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79 May 27, 2010

TEXT ORDER : The June 1, 2010 status conference before Hon. Jeremiah J. McCarthy is rescheduled from 1:30 p.m. to 4:30 p.m. SO ORDERED. Issued by Hon. Jeremiah J. McCarthy on 5/27/10. (DAZ) (Entered: 05/27/2010)

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80 June 1, 2010

Mediation Certification by Amy Glass(JMS) (Entered: 06/01/2010)

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81 June 1, 2010

Minute Entry for proceedings held before Hon. Jeremiah J. McCarthy: Status Conference re discovery issues held on 6/1/2010. Mediation unsuccessful. Parties to submit joint or separate proposed case management deadlines by 6/9/10. Status/Scheduling Conference set for 6/16/2010 at 02:00 PM before Hon. Jeremiah J. McCarthy. Participants: Mary Pat Fleming, Zazy Ivonne Lopez, Regina Jansen (via telephone) for plaintiff and Cheryl A. Green for defendant. (DAZ) (Entered: 06/02/2010)

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82 June 2, 2010

TEXT ORDER: The parties shall confer pursuant to Fed. R. Civ. P. 26(f) and submit a joint or separate proposed case management orders by June 9, 2010. The preliminary pretrial conference is set for June 16, 2010 at 2:00 p.m. before Hon. Jeremiah J. McCarthy. The parties may participate via telephone by providing the court with telephone numbers where they can be contacted. The court will initiate the call. SO ORDERED. Issued by Hon. Jeremiah J. McCarthy on 6/2/10. (DAZ) (Entered: 06/02/2010)

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83 June 11, 2010

MOTION to Expedite Discovery in the issue of suicide prevention and related mental health treatment by Timothy B. Howard, Richard T. Donovan, Robert Koch, Barbara Leary, Donald Livingston, Erie County, New York, Chris Collins, Anthony Billittier.(Wheaton, Kristin) (Entered: 06/11/2010)

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84 June 11, 2010

DECLARATION signed by Kristin Klein Wheaton re 83 MOTION to Expedite Discovery in the issue of suicide prevention and related mental health treatment filed by Timothy B. Howard, Richard T. Donovan, Robert Koch, Barbara Leary, Donald Livingston, Erie County, New York, Chris Collins, Anthony Billittier. (Attachments: # 1 Exhibit A - May 28 adn June 4 interrogatories, # 2 Exhibit B - May 28 and June 24 Document demands, # 3 Exhibit C - May 28 and June 4 Demand for Expert disclosure, # 4 Exhibit D - May 28 and June 4 notices for deposition of experts)(Wheaton, Kristin) (Entered: 06/11/2010)

2 Exhibit A - May 28 adn June 4 interrogatories

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3 Exhibit B - May 28 and June 24 Document demands

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4 Exhibit C - May 28 and June 4 Demand for Expert disclosure

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5 Exhibit D - May 28 and June 4 notices for deposition of experts

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85 June 11, 2010

MEMORANDUM IN SUPPORT re 84 Declaration,, 83 MOTION to Expedite Discovery in the issue of suicide prevention and related mental health treatment byTimothy B. Howard, Richard T. Donovan, Robert Koch, Barbara Leary, Donald Livingston, Erie County, New York, Chris Collins, Anthony Billittier. (Wheaton, Kristin) (Entered: 06/11/2010)

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86 June 14, 2010

ORDER GRANTING Plaintiff's request for an extension of the page limitation. Signed by William M. Skretny, Chief Judge U.S.D.C. on 6/14/2010. (MEAL) (Entered: 06/14/2010)

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Case Details

State / Territory:

New York

Case Type(s):

Jail Conditions

Healthcare Access and Reproductive Issues

Special Collection(s):

Multi-LexSum (in sample)

Key Dates

Filing Date: Sept. 30, 2009

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

The U.S. Department of Justice

Plaintiff Type(s):

U.S. Dept of Justice plaintiff

Attorney Organizations:

U.S. Dept. of Justice Civil Rights Division

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

County

Erie County

Defendant Type(s):

Corrections

Facility Type(s):

Government-run

Case Details

Causes of Action:

Civil Rights of Institutionalized Persons Act (CRIPA), 42 U.S.C. § 1997 et seq.

Constitutional Clause(s):

Cruel and Unusual Punishment

Due Process

Equal Protection

Other Dockets:

Western District of New York 1:09-cv-00849

U.S. Court of Appeals for the Second Circuit 13-03653

Available Documents:

Any published opinion

Complaint (any)

Findings Letter/Report

Trial Court Docket

Outcome

Prevailing Party: Plaintiff OR Mixed

Relief Granted:

Injunction / Injunctive-like Settlement

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Content of Injunction:

Implement complaint/dispute resolution process

Monitoring

Monitor/Master

Recordkeeping

Reporting

Training

Issues

General/Misc.:

Classification / placement

Conditions of confinement

Failure to train

Incident/accident reporting & investigations

Language access/needs

Sanitation / living conditions

Staff (number, training, qualifications, wages)

Totality of conditions

Affected Sex/Gender(s):

Female

Male

Jails, Prisons, Detention Centers, and Other Institutions:

Assault/abuse by non-staff (facilities)

Assault/abuse by staff (facilities)

Grievance procedures

Sex w/ staff; sexual harassment by staff

Suicide prevention (facilities)

Medical/Mental Health Care:

HIV/AIDS

Medical care, general

Medication, administration of

Mental health care, general

Self-injurious behaviors

Skin Infections

Suicide prevention

Policing:

Excessive force

Recommended Citation