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

Clearinghouse coding complete

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 …

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 presence of fungus, 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 the 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 late 2019.

The case remains ongoing as of November 2020.

Summary Authors

Zhandos Kuderin (3/29/2014)

Raul Noguera-McElroy (4/19/2019)

Jane Fisher (11/13/2020)

People

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


Judge(s)

Brown, Gary Richard (New York)

Seybert, Joanna (New York)

Attorneys(s) for Plaintiff

Berkowitz, Alexis Scott (New York)

Godwin, Melissa Jane (New York)

Jain, Sheila (New York)

LaGuardia, Daniel Hector Rees (New York)

Pendergrass, Taylor Scott (New York)

Stoughton, Corey (New York)

Timlin, Edward Garth (New York)

Attorneys(s) for Defendant

Mitchell, Brian C. (New York)

Judge(s)

Brown, Gary Richard (New York)

Seybert, Joanna (New York)

Attorneys(s) for Plaintiff

Berkowitz, Alexis Scott (New York)

Godwin, Melissa Jane (New York)

Jain, Sheila (New York)

LaGuardia, Daniel Hector Rees (New York)

Pendergrass, Taylor Scott (New York)

Stoughton, Corey (New York)

Timlin, Edward Garth (New York)

Attorneys(s) for Defendant

Mitchell, Brian C. (New York)

Zwilling, Arlene S. (New York)

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

2011 WL 4804875

Oct. 7, 2011

Oct. 7, 2011

Order/Opinion
334

2:11-cv-02602

Consolidated Amended Class Action Complaint

April 5, 2012

April 5, 2012

Complaint
375

2:11-cv-02602

Memorandum & Order

289 F.R.D. 80

March 19, 2013

March 19, 2013

Order/Opinion

Resources

Docket

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

Last updated Aug. 4, 2022, 3:14 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

RECAP
2

MOTION for Leave to Proceed in forma pauperis by Ricky Lynch. (Russo, Eric) (Entered: 06/03/2011)

May 27, 2011

May 27, 2011

PACER
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

PACER
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

PACER
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

PACER
6

MOTION for Leave to Proceed in forma pauperis by Charles Whidbee. (Russo, Eric) (Entered: 06/03/2011)

May 27, 2011

May 27, 2011

PACER
7

MOTION for Leave to Proceed in forma pauperis by Theodore Davis. (Russo, Eric) (Entered: 06/03/2011)

May 27, 2011

May 27, 2011

PACER
8

MOTION for Leave to Proceed in forma pauperis by Mack Butler. (Russo, Eric) (Entered: 06/03/2011)

May 27, 2011

May 27, 2011

PACER
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

PACER
10

MOTION for Leave to Proceed in forma pauperis by Dallas Johnson. (Russo, Eric) (Entered: 06/03/2011)

May 27, 2011

May 27, 2011

PACER
11

MOTION for Leave to Proceed in forma pauperis by Christopher Sydnor. (Russo, Eric) (Entered: 06/03/2011)

May 27, 2011

May 27, 2011

PACER
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

PACER
13

MOTION for Leave to Proceed in forma pauperis by Felipe Rovelo. (Russo, Eric) (Entered: 06/03/2011)

May 27, 2011

May 27, 2011

PACER
14

MOTION for Leave to Proceed in forma pauperis by Robert Bernhard. (Russo, Eric) (Entered: 06/03/2011)

May 27, 2011

May 27, 2011

PACER
15

MOTION for Leave to Proceed in forma pauperis by Adam Williams. (Russo, Eric) (Entered: 06/03/2011)

May 27, 2011

May 27, 2011

PACER
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

PACER
17

MOTION for Leave to Proceed in forma pauperis by Donald Bangs. (Russo, Eric) (Entered: 06/03/2011)

May 27, 2011

May 27, 2011

PACER
18

MOTION for Leave to Proceed in forma pauperis by Edward Keyes. (Russo, Eric) (Entered: 06/03/2011)

May 27, 2011

May 27, 2011

PACER
19

MOTION for Leave to Proceed in forma pauperis by Jason Cooper. (Russo, Eric) (Entered: 06/03/2011)

May 27, 2011

May 27, 2011

PACER
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

PACER
21

MOTION for Leave to Proceed in forma pauperis by Darryl Isaac. (Russo, Eric) (Entered: 06/03/2011)

May 27, 2011

May 27, 2011

PACER
22

Notice of Related Case. (Russo, Eric) (Entered: 06/03/2011)

May 27, 2011

May 27, 2011

PACER
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

PACER
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

PACER
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

PACER
25

MOTION for Leave to Proceed in forma pauperis by Calvin Felder. (Valle, Christine) (Entered: 06/14/2011)

June 10, 2011

June 10, 2011

PACER
26

Prisoner Authorization as to Calvin Felder. (Valle, Christine) (Entered: 06/14/2011)

June 10, 2011

June 10, 2011

PACER
27

MOTION for Leave to Proceed in forma pauperis by Andrew Zeigler. (Valle, Christine) (Entered: 06/14/2011)

June 10, 2011

June 10, 2011

PACER
28

Prisoner Authorization as to Andrew Zeigler. (Valle, Christine) (Entered: 06/14/2011)

June 10, 2011

June 10, 2011

PACER
29

MOTION for Leave to Proceed in forma pauperis by Chester Ingram. (Valle, Christine) (Entered: 06/14/2011)

June 10, 2011

June 10, 2011

PACER
30

Prisoner Authorization as to Chester Ingram. (Valle, Christine) (Entered: 06/14/2011)

June 10, 2011

June 10, 2011

PACER
31

MOTION for Leave to Proceed in forma pauperis by Donnell Stengle. (Valle, Christine) (Entered: 06/14/2011)

June 10, 2011

June 10, 2011

PACER
32

Prisoner Authorization as to Donnell Stengle. (Valle, Christine) (Entered: 06/14/2011)

June 10, 2011

June 10, 2011

PACER
33

MOTION for Leave to Proceed in forma pauperis by Kevin King. (Valle, Christine) (Entered: 06/14/2011)

June 10, 2011

June 10, 2011

PACER
34

Prisoner Authorization as to Kevin King. (Valle, Christine) (Entered: 06/14/2011)

June 10, 2011

June 10, 2011

PACER
35

MOTION for Leave to Proceed in forma pauperis by Howard Davis. (Valle, Christine) (Entered: 06/14/2011)

June 10, 2011

June 10, 2011

PACER
36

Prisoner Authorization as to Howard Davis. (Valle, Christine) (Entered: 06/14/2011)

June 10, 2011

June 10, 2011

PACER
37

MOTION for Leave to Proceed in forma pauperis by Thomas Harper. (Valle, Christine) (Entered: 06/14/2011)

June 10, 2011

June 10, 2011

PACER
38

Prisoner Authorization as to Thomas Harper. (Valle, Christine) (Entered: 06/14/2011)

June 10, 2011

June 10, 2011

PACER
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

PACER
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

PACER
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

PACER
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

PACER
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

PACER
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

PACER
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

PACER
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

PACER
47

NOTICE of Change of Address by Dallas Johnson. (Valle, Christine) (Entered: 06/17/2011)

June 16, 2011

June 16, 2011

PACER
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

PACER
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

PACER
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

PACER
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

PACER
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

PACER
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

PACER
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

PACER
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

PACER
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

PACER
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

PACER
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

PACER
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

PACER
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

PACER
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

PACER
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

PACER
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

PACER
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

PACER
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

PACER
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

PACER
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

PACER
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

PACER
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

PACER
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

PACER
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

PACER
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

PACER
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

PACER
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

PACER
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

PACER
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

PACER
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

PACER
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

PACER
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

PACER
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

PACER
83

NOTICE of Change of Address by Edward Keyes. (Valle, Christine) (Entered: 07/18/2011)

July 13, 2011

July 13, 2011

PACER
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

PACER
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

PACER
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

PACER
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

PACER
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

PACER
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

PACER
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

PACER
126

Letter from Suffolk County Sheriff to Clerk of Court dated 7/5/11 Re: To advise the Court that the Plaintiff Theodore Davis was discharged from custody on 5/23/11. (Valle, Christine) (Entered: 07/21/2011)

July 20, 2011

July 20, 2011

PACER
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

PACER
127

Letter from Suffolk County Sheriff to Clerk of Court dated 7/5/11 Re: To advise the Court that Plaintiff Chester Ingram was discharged from custody on 6/28/11. (Valle, Christine) (Entered: 07/21/2011)

July 20, 2011

July 20, 2011

PACER
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

PACER
128

Letter from Suffolk County Sheriff to Clerk of Court dated 7/5/11 Re: To advise the Court that Plaintiff Kevin Massey was discharged from custody on 5/24/11. (Valle, Christine) (Entered: 07/21/2011)

July 20, 2011

July 20, 2011

PACER
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

PACER
129

Letter from Suffolk County Sheriff to Clerk of Court dated 7/5/11 Re: To advise the Court that Plaintiff Charles Whidbee was discharged from custody on 5/31/11. (Valle, Christine) (Entered: 07/21/2011)

July 20, 2011

July 20, 2011

PACER
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

PACER
130

Letter from Suffolk County Sheriff to Clerk of Court dated 7/5/11 Re: To advise the Court that Plaintiff Darryl Isaac was discharged from custody on 5/20/11. (Valle, Christine) (Entered: 07/21/2011)

July 20, 2011

July 20, 2011

PACER
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

PACER

Case Details

State / Territory: New York

Case Type(s):

Jail Conditions

Special Collection(s):

Post-WalMart decisions on class certification

Key Dates

Filing Date: May 27, 2011

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

Any and Future Detainees and Prisoners

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: Unknown

Filed Pro Se: Yes

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

Suffolk County (Riverhead, NY, Suffolk), County

Defendant Type(s):

Corrections

Case Details

Causes of Action:

42 U.S.C. § 1983

Constitutional Clause(s):

Cruel and Unusual Punishment

Due Process

Availably Documents:

Trial Court Docket

Complaint (any)

Outcome

Prevailing Party: None Yet / None

Nature of Relief:

None yet

Source of Relief:

None yet

Issues

General:

Bathing and hygiene

Conditions of confinement

Sanitation / living conditions

Crowding:

Crowding / caseload

Medical/Mental Health:

Skin Infections

Type of Facility:

Government-run