Case: Butler v. Suffolk County

2:11-cv-02602 | U.S. District Court for the Eastern District of New York

Filed Date: May 27, 2011

Case Ongoing

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Case Summary

On May 27, 2011, twenty persons then confined in the Suffolk County Correctional Facility (SCCF), which consists of the Riverhead Correctional Facility (a medium/maximum security jail) and the Yaphank Correctional Facility (a minimum security jail), filed this lawsuit in the U.S. District Court for the Eastern District of New York, pursuant to 42 U.S.C. §1983. The lawsuit was filed pro se as a class action, on behalf of those individuals and all others similarly situated. The plaintiffs sought injunctive relief and compensatory and punitive damages, alleging that the conditions of their confinement violated their constitutional rights. Specifically, the plaintiffs alleged unsanitary and hazardous living conditions, including, among other things, chronic exposure to human waste and the presence of fungi, mold and other hazardous matters in the shower and housing areas, which caused various ailments to the plaintiffs.

The plaintiffs all sought to proceed in forma pauperis. The plaintiffs filed an Amended Complaint on June 17, 2011, adding additional eight plaintiffs detained in the SCCF. The Court (Judge Joanna Seybert), on June 23, 2011, granted the forma pauperis status, but denied the request to proceed as a class action due to the fact that all of the class representatives were proceeding without counsel.

The plaintiffs filed a motion to join four additional plaintiffs on June 30, 2011. On July 27, 2011, the plaintiffs filed a Supplemental Amended Complaint seeking to add seven additional plaintiffs as Supplemental Plaintiffs. The motion for joinder was granted by the order of the Court (Judge Joanna Seybert) on October 7, 2011, but the Court denied the motion to join Supplemental Plaintiffs. The Court also dismissed four plaintiffs with the same order.

On November 22, 2011, the Court (Judge Joanna Seybert) determined that the appointment of pro bono counsel was appropriate and directed the Court's Pro Se Office to find willing counsel. Afterwards, the Court received a large number of substantially similar complaints from inmates at SCCF, seeking damages, amounting to fifty-nine separate complaints alleging similar violations due to unsanitary conditions. On January 23, 2012, the Court (Judge Joanna Seybert) appointed Shearman & Sterling LLP as pro bono counsel, and ordered consolidation of all existing fifty-nine actions as well as any future complaints of the living conditions at SCCF with Shearman & Sterling's appointment extended to all of the plaintiffs in the newly consolidated action. By April 5, 2012, there were 163 plaintiffs.

On April 5, 2012, the pro bono counsel filed the Consolidated Amended Class Action Complaint, dropping all plaintiffs but for the named six plaintiffs, but seeking to represent the interests of all 163 plaintiffs, as well as other past, present or future persons imprisoned at SCCF, by proceeding as a class action, pursuant to Rule 23 of the Federal Rules of Civil Procedure. The New York Civil Liberties Union joined in the representation. The complaint was filed against Suffolk County, the Sheriff of Suffolk County and his deputies in their personal and official capacities. The plaintiffs alleged violations of constitutional rights, negligence and ministerial negligence under New York common law. The allegations included, among other things, overcrowding, and unsanitary and hazardous conditions at the jail-- including flawed plumbing that leads to chronic exposure to human waste and contaminated food and drinking water, which caused the prisoners various health issues. The plaintiffs sought injunctive and declaratory relief, compensatory and punitive damages.

On May 16, 2012, the County moved to dismiss the Consolidated Amended Complaint. On May 17, 2012, the plaintiffs filed a motion for class certification. On March 19, 2013, the Court (Judge Joanna Seybert) addressed both motions. The Court granted in part and denied in part the motion to dismiss, dismissing without prejudice claims against the Sheriff and his deputies of personal liability for cruel and inhuman treatment. The Court explained that for such liability to exist, the plaintiffs must demonstrate the defendants' actual knowledge of substantial risk of serious harm, while the complaint pleaded only constructive knowledge. The claim under the theory of supervisory liability against the Sheriff and his deputies was also dismissed, because the complaint was void of any allegations that the defendants made the decisions that allegedly constituted the violations. All other claims survived. The Court granted the plaintiffs' motion for class certification, creating two classes, injunctive and damages, constituted of all persons who are at present time or will at any time in the future be detained at SCCF, with separate subclasses for those persons detained at Riverhead and Yaphank, with the named plaintiffs ordered to be the class representatives. The counsel of the named plaintiffs was ordered to be appointed class counsel.

Between 2013 and 2019, the parties conducted discovery and filed respective motions for summary judgment in fall 2018. Subsequently, the court terminated these pending summary judgment motions in September 2019. In doing so, the court directed the plaintiffs to file a motion proposing those class members who had fully exhausted administrative remedies per the PLRA's requirements, or who were not subject to the exhaustion requirement, as substitute class representatives. A motion to add additional class representatives was filed in December 2019. While the motion was pending, the case was assigned to Magistrate Judge Steven Tiscione on January 21, 2020.

On August 9, 2023, the court (Judge Joanna Seybert) ruled on plaintiffs' motion to add additional class representatives, and on all parties' summary judgment motions filed in September 2019. The court granted plaintiffs' motion to add class representatives to both the injunctive class and the damages class. The court then denied all motions for summary judgment, finding that there were still genuine disputes of material fact.

The court instructed the parties to appear for a status conference on November 9, 2023 to determine how to proceed with the case. Parties agreed to hold a settlement conference before the court on February 22, 2024. Just before the settlement conference, defendants obtained new counsel, and following the conference, Magistrate Judge Steven Tiscione recused himself from the case due to conflict with the new counsel. The court assigned Magistrate Judge Anne Y. Shields to oversee pretrial matters.

The new Magistrate Judge set the trial for November 2024, and mandated that parties continue to attend settlement conferences throughout the pretrial and supplemental discovery period. Parties were unable to reach a settlement agreement. Additionally, amidst several discovery disputes, on September 27, 2024, defendants again filed a motion to decertify the class, or in the alternative to amend the class definition. Defendants argued that because of the length of litigation and discovery, the people included in the present class definitions experienced different conditions of confinement depending on when and where they were confined. Therefore, defendants moved to decertify the classes in their entirety, or in the alternative to confine the class definition to those prisoners confined between April 5, 2009 and April 5, 2013. The court held a pretrial conference in October 2024, after which the court rescheduled the jury trial for February 2025. In December 2024, defendants communicated that they did not want to participate in any further settlement discussions.

On January 22, 2025, the defendants’ motion to decertify the class was denied. Settlement discussions resumed on February 10, with another settlement conference and pretrial conference. On May 19, 2025, a motion for settlement and preliminary approval of settlement was filed by the plaintiffs. On May 21, the parties had reached a settlement agreement, with the defendants agreeing to improve the living conditions of its jails and pay a total of $18 million. All individuals who were detained at one of the facilities are entitled to compensation varying based on length of detainment and any claim of special injury. Among the improvements to living conditions are physical repairs to the jails, and the appointment of a health professional to address health concerns and provide environmental health training to personnel and detainees, and oversee distribution of cleaning supplies.

On October 9, the plaintiff filed a motion for class settlement. Final approval is pending.

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Summary Authors

Zhandos Kuderin (3/29/2014)

Raul Noguera-McElroy (4/19/2019)

Jane Fisher (11/13/2020)

Sarah Portwood (1/12/2025)

Rayhan Younas (10/12/2025)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/4519959/parties/butler-v-suffolk-county/

Judge(s)

Attorney for Plaintiff

Adams, George B. (New York)

Belsher, Amy (New York)

Berkowitz, Alexis Scott (New York)

Chen, Hanchu (New York)

Chorny, Samantha (New York)

Attorney for Defendant

Judge(s)

Shields, Anne (New York)

Attorney for Plaintiff

Adams, George B. (New York)

Belsher, Amy (New York)

Berkowitz, Alexis Scott (New York)

Chen, Hanchu (New York)

Chorny, Samantha (New York)

Desgranges, Philip Louis (New York)

Ding, Xiaoyu (New York)

Dunn, Christopher Thomas (New York)

Gantt, Carter (New York)

Gemmell, Antony Philip (New York)

Godwin, Melissa Jane (New York)

Hada, Naveed (New York)

Harrist, Erin B. (New York)

Jain, Sheila (New York)

Jr., John F. (New York)

Klebanoff, Benjamin (New York)

LaGuardia, Daniel Hector Rees (New York)

Larios, Gabriella (New York)

Licatesi, Anthony (New York)

Nalbantov, Petar Dimitrov (New York)

Nathanson, John Alexander (New York)

Pendergrass, Taylor Scott (New York)

Reda, Douglas M. (New York)

Salama, Veronica R. (New York)

Stewart, Elizabeth (New York)

Stoughton, Corey (New York)

Sullivan, Grace (New York)

Timlin, Edward Garth (New York)

Weinmann, Aaron (New York)

Attorney for Defendant

Flynn, Susan A. (New York)

Gibbons, Caitlyn Mary (New York)

Klein, Michelle Ann (New York)

Mitchell, Brian C. (New York)

Murray, E. Christopher (New York)

Niczky, Joseph Thomas (New York)

Sy, Elizabeth S (New York)

Wood, Kyle O (New York)

Zwilling, Arlene S. (New York)

Attorney Contact Information via CourtListener

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Documents in the Clearinghouse

	Document
2:11-cv-02602	Docket (PACER)	Oct. 15, 2020	Oct. 15, 2020 Docket
1 2:11-cv-02602	Civil Rights Complaint Lynch v. De Marco	May 27, 2011	May 27, 2011 Complaint
244 2:11-cv-02602	Memorandum & Order Lynch v. DeMarco	Oct. 7, 2011	Oct. 7, 2011 Order/Opinion 2011 WL 4804875
334 2:11-cv-02602	Consolidated Amended Class Action Complaint	April 5, 2012	April 5, 2012 Complaint
375 2:11-cv-02602	Memorandum & Order	March 19, 2013	March 19, 2013 Order/Opinion 289 F.R.D. 80
528 2:11-cv-02602	Order on Plaintiffs' Motion to Substitute	Aug. 9, 2023	Aug. 9, 2023 Order/Opinion 2023 WL 5095432
527 2:11-cv-02602	Memorandum & Order	Aug. 9, 2023	Aug. 9, 2023 Order/Opinion 2023 WL 5096218
724 2:11-cv-02602	[Untitled]	May 22, 2025	May 22, 2025 Correspondence

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Docket

See docket on RECAP: https://www.courtlistener.com/docket/4519959/butler-v-suffolk-county/

Last updated Dec. 6, 2025, 4:04 a.m.

ECF Number	Description	Date	Link Date / Link
1	COMPLAINT against Vincent F. DeMarco, Jane Doe, John Doe Disclosure Statement on Civil Cover Sheet completed -Yes,, filed by Dondi W. Jackson, Mack Butler, Edward Keyes, Jerry Finch, Jr., Ricky Lynch, Jason Cooper, Donald Bangs, Robert Bernhard, Theodore Davis, Damien R. Small, Dallas Johnson, Felipe Rovelo, Adam Williams, Darryl Isaac, Joseph Potter, Jr., Eddie M. Sims, Leroy C. Jones, Kevin M. Massey, Christopher Sydnor, Charles Whidbee. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Notice of Motion, # 4 Prisoner Authorizations for all Pro Se Litigants, # 5 Suffolk County Sheriff's Office Grievance Forms filed by all Pro Se Litigants, # 6 Civil Cover Sheet, # 7 Letter to/from Pro Se Litigants with Envelope) (Russo, Eric) (Entered: 06/03/2011)	May 27, 2011	May 27, 2011 Clearinghouse
2	MOTION for Leave to Proceed in forma pauperis by Ricky Lynch. (Russo, Eric) (Entered: 06/03/2011)	May 27, 2011	May 27, 2011
3	MOTION for Leave to Proceed in forma pauperis by Jerry Finch, Jr.. (Russo, Eric) (Entered: 06/03/2011)	May 27, 2011	May 27, 2011
4	MOTION for Leave to Proceed in forma pauperis by Damien R. Small. (Russo, Eric) (Entered: 06/03/2011)	May 27, 2011	May 27, 2011
5	MOTION for Leave to Proceed in forma pauperis by Leroy C. Jones. (Russo, Eric) (Entered: 06/03/2011)	May 27, 2011	May 27, 2011
6	MOTION for Leave to Proceed in forma pauperis by Charles Whidbee. (Russo, Eric) (Entered: 06/03/2011)	May 27, 2011	May 27, 2011
7	MOTION for Leave to Proceed in forma pauperis by Theodore Davis. (Russo, Eric) (Entered: 06/03/2011)	May 27, 2011	May 27, 2011
8	MOTION for Leave to Proceed in forma pauperis by Mack Butler. (Russo, Eric) (Entered: 06/03/2011)	May 27, 2011	May 27, 2011
9	MOTION for Leave to Proceed in forma pauperis by Eddie M. Sims. (Russo, Eric) (Entered: 06/03/2011)	May 27, 2011	May 27, 2011
10	MOTION for Leave to Proceed in forma pauperis by Dallas Johnson. (Russo, Eric) (Entered: 06/03/2011)	May 27, 2011	May 27, 2011
11	MOTION for Leave to Proceed in forma pauperis by Christopher Sydnor. (Russo, Eric) (Entered: 06/03/2011)	May 27, 2011	May 27, 2011
12	MOTION for Leave to Proceed in forma pauperis by Dondi W. Jackson. (Russo, Eric) (Entered: 06/03/2011)	May 27, 2011	May 27, 2011
13	MOTION for Leave to Proceed in forma pauperis by Felipe Rovelo. (Russo, Eric) (Entered: 06/03/2011)	May 27, 2011	May 27, 2011
14	MOTION for Leave to Proceed in forma pauperis by Robert Bernhard. (Russo, Eric) (Entered: 06/03/2011)	May 27, 2011	May 27, 2011
15	MOTION for Leave to Proceed in forma pauperis by Adam Williams. (Russo, Eric) (Entered: 06/03/2011)	May 27, 2011	May 27, 2011
16	MOTION for Leave to Proceed in forma pauperis by Joseph Potter, Jr.. (Russo, Eric) (Entered: 06/03/2011)	May 27, 2011	May 27, 2011
17	MOTION for Leave to Proceed in forma pauperis by Donald Bangs. (Russo, Eric) (Entered: 06/03/2011)	May 27, 2011	May 27, 2011
18	MOTION for Leave to Proceed in forma pauperis by Edward Keyes. (Russo, Eric) (Entered: 06/03/2011)	May 27, 2011	May 27, 2011
19	MOTION for Leave to Proceed in forma pauperis by Jason Cooper. (Russo, Eric) (Entered: 06/03/2011)	May 27, 2011	May 27, 2011
20	MOTION for Leave to Proceed in forma pauperis by Kevin M. Massey. (Russo, Eric) (Entered: 06/03/2011)	May 27, 2011	May 27, 2011
21	MOTION for Leave to Proceed in forma pauperis by Darryl Isaac. (Russo, Eric) (Entered: 06/03/2011)	May 27, 2011	May 27, 2011
22	Notice of Related Case. (Russo, Eric) (Entered: 06/03/2011)	May 27, 2011	May 27, 2011
59	Letter from Damien Small to Clerk's Office undated Re: To advise the Court that Plaintiff was currently transferred to an upstate facility; and to inquire regarding status of this case. (Valle, Christine) (Entered: 06/24/2011)	June 2, 2011	June 2, 2011
23	Notice of MOTION to Amend/Correct/Supplement 1 Complaint, pursuant to 28:15(d); 20(a) by Ricky Lynch. (Attachments: # 1 Affidavit in Support; # 2 Exhibit A; # 3 Exhibit B) (Valle, Christine) (Entered: 06/09/2011)	June 6, 2011	June 6, 2011
	Case Ineligible for Arbitration (Bollbach, Jean)	June 6, 2011	June 6, 2011
24	Letter from C. Vukovich to Pro Se Litigants dated 6/9/11 Re: To acknowledge receipt of Plaintiffs' Civil Complaint. (Valle, Christine) (Entered: 06/09/2011)	June 9, 2011	June 9, 2011
25	MOTION for Leave to Proceed in forma pauperis by Calvin Felder. (Valle, Christine) (Entered: 06/14/2011)	June 10, 2011	June 10, 2011
26	Prisoner Authorization as to Calvin Felder. (Valle, Christine) (Entered: 06/14/2011)	June 10, 2011	June 10, 2011
27	MOTION for Leave to Proceed in forma pauperis by Andrew Zeigler. (Valle, Christine) (Entered: 06/14/2011)	June 10, 2011	June 10, 2011
28	Prisoner Authorization as to Andrew Zeigler. (Valle, Christine) (Entered: 06/14/2011)	June 10, 2011	June 10, 2011
29	MOTION for Leave to Proceed in forma pauperis by Chester Ingram. (Valle, Christine) (Entered: 06/14/2011)	June 10, 2011	June 10, 2011
30	Prisoner Authorization as to Chester Ingram. (Valle, Christine) (Entered: 06/14/2011)	June 10, 2011	June 10, 2011
31	MOTION for Leave to Proceed in forma pauperis by Donnell Stengle. (Valle, Christine) (Entered: 06/14/2011)	June 10, 2011	June 10, 2011
32	Prisoner Authorization as to Donnell Stengle. (Valle, Christine) (Entered: 06/14/2011)	June 10, 2011	June 10, 2011
33	MOTION for Leave to Proceed in forma pauperis by Kevin King. (Valle, Christine) (Entered: 06/14/2011)	June 10, 2011	June 10, 2011
34	Prisoner Authorization as to Kevin King. (Valle, Christine) (Entered: 06/14/2011)	June 10, 2011	June 10, 2011
35	MOTION for Leave to Proceed in forma pauperis by Howard Davis. (Valle, Christine) (Entered: 06/14/2011)	June 10, 2011	June 10, 2011
36	Prisoner Authorization as to Howard Davis. (Valle, Christine) (Entered: 06/14/2011)	June 10, 2011	June 10, 2011
37	MOTION for Leave to Proceed in forma pauperis by Thomas Harper. (Valle, Christine) (Entered: 06/14/2011)	June 10, 2011	June 10, 2011
38	Prisoner Authorization as to Thomas Harper. (Valle, Christine) (Entered: 06/14/2011)	June 10, 2011	June 10, 2011
	ORDER granting 23 Motion to Amend/Correct/Supplement. Plaintiffs' motion to file a supplemental pleading under Rule 15(d) and join additional parties under Rule 20(a) is GRANTED. The Court notes, however, that this motion was unnecessary. Under Rule 15(a), Plaintiffs could have amended their Complaint once without the Court's permission. The Clerk of the Court is directed to: (1) list the newly named Plaintiffs on the Docket Sheet; and (2) serve a copy of this Electronic Order on each named Plaintiff. Ordered by Judge Joanna Seybert on 6/10/2011. (Oslick, Jacob)	June 10, 2011	June 10, 2011
39	Mail Returned as Undeliverable - Mail sent to Charles Whidbee received in Clerk's Office on 6/16/11 marked Return to Sender; Not Deliverable as Addressed; Unable to Forward. (Valle, Christine) (Entered: 06/16/2011)	June 16, 2011	June 16, 2011
40	Mail Returned as Undeliverable - Mail sent to Theodore Davis received in Clerk's Office on 6/16/11 marked Return to Sender; Not Deliverable as Addressed; Unable to Forward. (Valle, Christine) (Entered: 06/16/2011)	June 16, 2011	June 16, 2011
41	Mail Returned as Undeliverable - Mail sent to Darryl Isaac received in Clerk's Office on 6/16/11 marked Return to Sender; Not Deliverable as Addressed; Unable to Forward. (Valle, Christine) (Entered: 06/16/2011)	June 16, 2011	June 16, 2011
42	Mail Returned as Undeliverable - Mail sent to Kevin M. Massey received in Clerk's Office on 6/16/11 marked Return to Sender; Not Deliverable as Addressed; Unable to Forward. (Valle, Christine) (Entered: 06/16/2011)	June 16, 2011	June 16, 2011
43	Mail Returned as Undeliverable - Mail sent to Christopher Sydnor received in Clerk's Office on 6/16/11 marked Return to Sender; Not Deliverable as Addressed; Unable to Forward. (Valle, Christine) (Entered: 06/16/2011)	June 16, 2011	June 16, 2011
44	Mail Returned as Undeliverable - Mail sent to Damien R. Small received in Clerk's Office on 6/16/11 marked Return to Sender; Not Deliverable as Addressed; Unable to Forward. (Valle, Christine) (Entered: 06/16/2011)	June 16, 2011	June 16, 2011
45	Mail Returned as Undeliverable - Mail sent to Joseph Potter, Jr. received in Clerk's Office on 6/16/11 marked Return to Sender; Not Deliverable as Addressed; Unable to Forward. (Valle, Christine) (Entered: 06/16/2011)	June 16, 2011	June 16, 2011
46	Mail Returned as Undeliverable - Mail sent to Felipe Rovelo received in Clerk's Office on 6/16/11 marked Return to Sender; Not Deliverable as Addressed; Unable to Forward. (Valle, Christine) (Entered: 06/16/2011)	June 16, 2011	June 16, 2011
47	NOTICE of Change of Address by Dallas Johnson. (Valle, Christine) (Entered: 06/17/2011)	June 16, 2011	June 16, 2011
48	Letter from Rickey Lynch to Judge Seybert; Judge Lindsay dated 6/15/11 Re: Amended Complaint for class action certification. (Valle, Christine) (Entered: 06/21/2011)	June 17, 2011	June 17, 2011
49	AMENDED COMPLAINT against Vincent F. DeMarco, Jane Doe, John Doe, filed by Mack Butler, Jerry Finch, Jr., Howard Davis, Ricky Lynch, Jason Cooper, Donald Bangs, Robert Bernhard, Calvin Felder, Theodore Davis, Donnell Stengle, Andrew Zeigler, Damien R. Small, Felipe Rovelo, Adam Williams, Joseph Potter, Jr., Eddie M. Sims, Kevin M. Massey, Christopher Sydnor, Charles Whidbee. (Valle, Christine) (Entered: 06/21/2011)	June 17, 2011	June 17, 2011 RECAP
50	Mail Returned as Undeliverable - Copy of Electronic Order dated 6/10/11 sent to Damien R. Small, received in Clerk's Office on 6/22/11 marked Return to Sender; Not Deliverable as Addressed; Unable to Forward. (Valle, Christine) (Entered: 06/22/2011)	June 22, 2011	June 22, 2011
51	Mail Returned as Undeliverable - Copy of Electronic Order dated 6/10/11 sent to Theodore Davis, received in Clerk's Office on 6/22/11 marked Return to Sender; Not Deliverable as Addressed; Unable to Forward. (Valle, Christine) (Entered: 06/23/2011)	June 22, 2011	June 22, 2011
52	Mail Returned as Undeliverable - Copy of Electronic Order dated 6/10/11 sent to Joseph Potter, received in Clerk's Office on 6/22/11 marked Return to Sender; Not Deliverable as Addressed; Unable to Forward. (Valle, Christine) (Entered: 06/23/2011)	June 22, 2011	June 22, 2011
53	Mail Returned as Undeliverable - Copy of Electronic Order dated 6/10/11 sent to Felipe Rovelo, received in Clerk's Office on 6/22/11 marked Return to Sender; Not Deliverable as Addressed; Unable to Forward. (Valle, Christine) (Entered: 06/23/2011)	June 22, 2011	June 22, 2011
54	Mail Returned as Undeliverable - Copy of Electronic Order dated 6/10/11 sent to Christopher Sydnor, received in Clerk's Office on 6/22/11 marked Return to Sender; Not Deliverable as Addressed; Unable to Forward. (Valle, Christine) (Entered: 06/23/2011)	June 22, 2011	June 22, 2011
55	Mail Returned as Undeliverable - Copy of Electronic Order dated 6/10/11 sent to Charles Whidbee, received in Clerk's Office on 6/22/11 marked Return to Sender; Not Deliverable as Addressed; Unable to Forward. (Valle, Christine) (Entered: 06/23/2011)	June 22, 2011	June 22, 2011
56	Mail Returned as Undeliverable - Copy of Electronic Order dated 6/10/11 sent to Calvin Felder, received in Clerk's Office on 6/22/11 marked Return to Sender; Not Deliverable as Addressed; Unable to Forward. (Valle, Christine) (Entered: 06/23/2011)	June 22, 2011	June 22, 2011
57	Mail Returned as Undeliverable - Copy of Electronic Order dated 6/10/11 sent to Darryl Isaac, received in Clerk's Office on 6/22/11 marked Return to Sender; Not Deliverable as Addressed; Unable to Forward. (Valle, Christine) (Entered: 06/23/2011)	June 22, 2011	June 22, 2011
58	Mail Returned as Undeliverable - Copy of Electronic Order dated 6/10/11 sent to Kevin M. Massey, received in Clerk's Office on 6/22/11 marked Return to Sender; Not Deliverable as Addressed; Unable to Forward. (Valle, Christine) (Entered: 06/23/2011)	June 22, 2011	June 22, 2011
60	Letter from Rickey Lynch to Judges Seybert and Lindsay undated Re: To inquire regarding mailings of seven new Plaintiffs. (Valle, Christine) (Entered: 06/24/2011)	June 22, 2011	June 22, 2011
62	MEMORANDUM AND ORDER granting 31 Motion for Leave to Proceed in forma pauperis; granting 33 Motion for Leave to Proceed in forma pauperis; granting 35 Motion for Leave to Proceed in forma pauperis; granting 37 Motion for Leave to Proceed in forma pauperis; granting 2 Motion for Leave to Proceed in forma pauperis; granting 3 Motion for Leave to Proceed in forma pauperis; granting 4 Motion for Leave to Proceed in forma pauperis; granting 5 Motion for Leave to Proceed in forma pauperis; granting 6 Motion for Leave to Proceed in forma pauperis; granting 7 Motion for Leave to Proceed in forma pauperis; granting 8 Motion for Leave to Proceed in forma pauperis; granting 9 Motion for Leave to Proceed in forma pauperis; granting 10 Motion for Leave to Proceed in forma pauperis; granting 11 Motion for Leave to Proceed in forma pauperis; granting 12 Motion for Leave to Proceed in forma pauperis; granting 13 Motion for Leave to Proceed in forma pauperis; granting 14 Motion for Leave to Proceed in forma pauperis; granting 15 Motion for Leave to Proceed in forma pauperis; granting 16 Motion for Leave to Proceed in forma pauperis; granting 17 Motion for Leave to Proceed in forma pauperis; granting 18 Motion for Leave to Proceed in forma pauperis; granting 19 Motion for Leave to Proceed in forma pauperis; granting 20 Motion for Leave to Proceed in forma pauperis; granting 21 Motion for Leave to Proceed in forma pauperis; granting 25 Motion for Leave to Proceed in forma pauperis; granting 27 Motion for Leave to Proceed in forma pauperis; granting 29 Motion for Leave to Proceed in forma pauperis For the reasons set forth herein, Plaintiffs' requests to proceed in forma pauperis are GRANTED. Plaintiffs have also moved for certification of their case as a class action. The motion is DENIED. The Clerk of the Court is directed to forward to the United States Marshal for the Eastern District of New York copies of Plaintiffs' Summons, Complaint, and this Order for service upon the Defendants without prepayment of fees. Furthermore, the Clerk must mail a copy of this Order to the Plaintiffs. The Court certifies pursuant to 28 U.S.C. § 1915(a)(3) that any appeal from this Order would not be taken in good faith and therefore in forma pauperis status is denied for the purpose of any appeal. So Ordered by Judge Joanna Seybert on 6/23/11. C/M (Valle, Christine) (Entered: 06/27/2011)	June 23, 2011	June 23, 2011 RECAP
61	Letter from C. Vukovich to Rickey Lynch dated 6/24/11 Re: To advise that the Pro Se Office is in receipt of Plaintiff's letter inquiring about the status of mailings in the above named action; to enclose an updated copy of the docket sheet; and to advise that several mailings have been returned to the Court as undeliverable. (Valle, Christine) (Entered: 06/24/2011)	June 24, 2011	June 24, 2011
63	Letter from C. Vukovich to Damien Small dated 6/27/11 Re: To advise that the Pro Se Office is in receipt of Plaintiff's letter; and to enclose an updated copy of the docket sheet. (Valle, Christine) (Entered: 06/28/2011)	June 27, 2011	June 27, 2011
64	Letter from Theodore Davis to Clerk of Court dated 6/29/11 Re: To inquire regarding the status of this case. (Valle, Christine) (Entered: 06/30/2011)	June 29, 2011	June 29, 2011
65	Letter from C. Vukovich to Theodore Davis dated 6/29/11 Re: To advise that the Pro Se Office is in receipt of Plaintiff's letter; to enclose a copy of the docket sheet, and papers returned to thisCourt as undeliverable; and to advise that Plaintiff's address will be updated. (Valle, Christine) (Entered: 06/30/2011)	June 29, 2011	June 29, 2011
67	MOTION for Joinder Pursuant to Rules 20(a) by Ricky Lynch. (Attachments: # 1 Affidavit in Support, # 2 Cover Letter) (Padilla, Kristin) (Entered: 07/05/2011)	June 30, 2011	June 30, 2011
82	Letter dated 6/30/2011 from pre se plaintiff Ricky Lynch re: Calvin Felder who is a part of the class action suit, is not receiving mail in regards to this case. He is seeking a copy of the paperwork concerning the above matter. (Padilla, Kristin) (Entered: 07/08/2011)	June 30, 2011	June 30, 2011
	Summons Issued as to Vincent F. DeMarco and Suffolk County Attorney (Notice Only). (Glueckert, Lisa)	June 30, 2011	June 30, 2011
66	NOTICE of Change of Address by Dallas Johnson. Current address is: Suffolk County Correctional Facility 110 Center Drive Riverhead NY 11901. (Padilla, Kristin) (Entered: 07/05/2011)	July 1, 2011	July 1, 2011
68	Mail Returned as Undeliverable. Mail sent to Christopher Sydnor at Suffolk County Correctional Facility 100 Center Drive, Riverhead NY 11901. Return to sender, Discharged. (Padilla, Kristin) (Entered: 07/05/2011)	July 1, 2011	July 1, 2011
69	Mail Returned as Undeliverable. Mail sent to Chester Ingram RETURN TO SENDER (Padilla, Kristin) (Entered: 07/06/2011)	July 5, 2011	July 5, 2011
70	Mail Returned as Undeliverable. Mail sent to Donnell Stengle RETURN TO SENDER (Padilla, Kristin) (Entered: 07/06/2011)	July 5, 2011	July 5, 2011
71	Letter dated 7/5/2011 from Kevin Massey re: I Kevin Massey have been moved back to Colombia CI Annex in Florida to finish my time. I am part of a class action suit and would like to know the status of the case. (Padilla, Kristin) (Entered: 07/06/2011)	July 5, 2011	July 5, 2011
72	Letter dated 7/5/2011 from Pro Se Paralegal re: The Pro Se office is in receipt of your letter in which you submit a change of address and inquire about the status of the above named action. Enclosed please find an updated copy of your docket. (Padilla, Kristin) (Entered: 07/06/2011)	July 5, 2011	July 5, 2011
73	Letter dated 7/5/2011 from Damien Small re: Requesting a copy of the motion that was filed. (Padilla, Kristin) (Entered: 07/06/2011)	July 5, 2011	July 5, 2011
74	Letter dated 7/5/2011 from Pro Se Paralegal re: The Pro Se Office is in receipt of your letter in which you inquire about motions filed in the above named action. Enclosed please find an updated copy of your docket. (Padilla, Kristin) (Entered: 07/06/2011)	July 5, 2011	July 5, 2011
75	NOTICE of Change of Address by Chester Ingram. Correct Address is: Ulster Correctional Facility, P.O. Box 800, Napanoch, NY 12458. (Padilla, Kristin) (Entered: 07/06/2011)	July 5, 2011	July 5, 2011
76	Mail Returned as Undeliverable. Mail sent to Darryl Isaac returned to sender DISCHARGED. (Padilla, Kristin) (Entered: 07/06/2011)	July 5, 2011	July 5, 2011
77	Mail Returned as Undeliverable. Mail sent to Theodore Davis return to sender DISCHARGED. (Padilla, Kristin) (Entered: 07/06/2011)	July 5, 2011	July 5, 2011
78	Mail Returned as Undeliverable. Mail sent to Felipe Rovelo DISCHARGED RETURN TO SENDER. (Padilla, Kristin) (Entered: 07/07/2011)	July 5, 2011	July 5, 2011
79	Mail Returned as Undeliverable. Mail sent to Joseph Potter Jr. DISCHARGED RETURN TO SENDER. (Padilla, Kristin) (Entered: 07/07/2011)	July 5, 2011	July 5, 2011
80	Mail Returned as Undeliverable. Mail sent to Kevin M. Massey DISCHARGED RETURN TO SENDER. (Padilla, Kristin) (Entered: 07/07/2011)	July 5, 2011	July 5, 2011
81	Mail Returned as Undeliverable. Mail sent to Charles Whidbee DISCHARGED RETURN TO SENDER. (Padilla, Kristin) (Entered: 07/07/2011)	July 5, 2011	July 5, 2011
83	NOTICE of Change of Address by Edward Keyes. (Valle, Christine) (Entered: 07/18/2011)	July 13, 2011	July 13, 2011
84	MOTION to Appoint Counsel by Ricky Lynch. (Attachments: # 1 Letter dated 7/7/11) (Valle, Christine) (Entered: 07/18/2011)	July 14, 2011	July 14, 2011
136	NOTICE of Change of Address by Theodore Davis. New Address is: 116A West 10th Street, Huntington Station, NY 11746. Docket has been updated. (Padilla, Kristin) (Entered: 07/25/2011)	July 15, 2011	July 15, 2011
85	Letter from County of Suffolk Sheriff's office enclosing Adam William's inmate accounts report. (Attachments: # 1 Receipt) (Brienza, Lauren) (Entered: 07/19/2011)	July 19, 2011	July 19, 2011
86	Letter from County of Suffolk Sheriff's office enclosing Mack Butler's Inmate accounts report. (Attachments: # 1 Receipts) (Brienza, Lauren) (Entered: 07/19/2011)	July 19, 2011	July 19, 2011
87	Letter from County of Suffolk Sheriff's office enclosing Jerry Finch's inmate accounts report. (Attachments: # 1 Receipts) (Brienza, Lauren) (Entered: 07/19/2011)	July 19, 2011	July 19, 2011
88	Letter from County of Suffolk Sheriff's office enclosing Thomas Harper's inmate accounts report. (Attachments: # 1 Receipts) (Brienza, Lauren) (Entered: 07/19/2011)	July 19, 2011	July 19, 2011
89	Letter from C. Vukovich to Donald Bangs dated 7/20/11 Re: To enclose a courtesy copy of the Pro Se Manual. (Valle, Christine) (Entered: 07/20/2011)	July 20, 2011	July 20, 2011
90	Letter from C. Vukovich to Robert Bernhard dated 7/20/11 Re: To enclose a courtesy copy of the Pro Se Manual. (Valle, Christine) (Entered: 07/20/2011)	July 20, 2011	July 20, 2011
91	Letter from C. Vukovich to Mack Butler dated 7/20/11 Re: To enclose a courtesy copy of the Pro Se Manual. (Valle, Christine) (Entered: 07/20/2011)	July 20, 2011	July 20, 2011
92	Letter from C. Vukovich to Jason Cooper dated 7/20/11 Re: To enclose a courtesy copy of the Pro Se Manual. (Valle, Christine) (Entered: 07/20/2011)	July 20, 2011	July 20, 2011
93	Letter from C. Vukovich to Howard Davis dated 7/20/11 Re: To enclose a courtesy copy of the Pro Se Manual. (Valle, Christine) (Entered: 07/20/2011)	July 20, 2011	July 20, 2011
94	Letter from C. Vukovich to Theodore Davis dated 7/20/11 Re: To enclose a courtesy copy of the Pro Se Manual. (Valle, Christine) (Entered: 07/20/2011)	July 20, 2011	July 20, 2011
95	Letter from C. Vukovich to Calvin Fedder dated 7/20/11 Re: To enclose a courtesy copy of the Pro Se Manual. (Valle, Christine) (Entered: 07/20/2011)	July 20, 2011	July 20, 2011
96	Letter from C. Vukovich to Jerry Finch dated 7/20/11 Re: To enclose a courtesy copy of the Pro Se Manual. (Valle, Christine) (Entered: 07/20/2011)	July 20, 2011	July 20, 2011