Case: Shariff v. Allah

6:05-cv-06504 | U.S. District Court for the Western District of New York

Filed Date: Sept. 7, 2005

Case Ongoing

Clearinghouse coding complete

Case Summary

On September 29, 2003, a group of paraplegic prisoners, proceeding pro se, filed a lawsuit in the U.S. District Court for the Southern District of New York against prison officials. The plaintiffs alleged that the defendants failed to provide adequate medical care in violation their rights under the Fifth, Eighth, and Fourteenth Amendments. Specifically, they alleged that prison officials failed to provide adequate bladder care and treatment, such as proper use of disposable catheters, properly…

On September 29, 2003, a group of paraplegic prisoners, proceeding pro se, filed a lawsuit in the U.S. District Court for the Southern District of New York against prison officials. The plaintiffs alleged that the defendants failed to provide adequate medical care in violation their rights under the Fifth, Eighth, and Fourteenth Amendments. Specifically, they alleged that prison officials failed to provide adequate bladder care and treatment, such as proper use of disposable catheters, properly sterilized catheters, and access to urologists. The plaintiffs also alleged that the defendants unlawfully discriminated against them by failing to construct wheelchair-amenable cells and failing to provide recreational activities, in violation of the ADA and the Rehabilitation Act of 1973. The plaintiffs sought money damages and injunctive relief.

By the time the amended complaint had been filed, all plaintiffs had been transferred to facilities in the Western District of New York. Judge Deborah A. Batts considered and denied the defendants' motion to dismiss the case for improper venue. In her unpublished order of August 26, 2005, however, Judge Batts granted the defendants' motion to transfer venue to the Western District of New York.

Under the new case number 05-cv-6504, the case was reassigned to Judge Charles J. Siragusa. On December 14, 2005, Judge Siragusa granted a temporary restraining order directing the defendants to supply plaintiffs with six new single-use catheters per day. This was lifted on September 15, 2006, and Judge Siragusa ordered the defendants to instead supply the plaintiffs with soap and water sufficient for cleaning catheters after reuse. On May 29, 2007, the plaintiffs filed the third and final amended complaint.

On May 30, 2009, the plaintiffs filed a motion for class certification. However, the court held the plaintiffs' motion in abeyance from 2010 through 2011 while the parties engaged in settlement discussions.

On May 31, 2013, Judge Siragusa approved a joint stipulation that an expert visit the correctional facilities to review the conditions raised by plaintiffs. The expert was supposed to report back by August 16, 2013. However, as of April 23, 2014, there had been no activity in the docket. Although the judge ordered that counsel provide a joint status report to the court by December 11, 2015, the parties failed to do so.

On October 10, 2017, the judge ordered the parties to show cause why the case should not be dismissed for failure to prosecute. In the plaintiffs' response, they said their lack of reporting to the court was based on a misunderstanding and that the parties had resumed settlement negotiations in September 2017. The plaintiffs noted that they had submitted a settlement proposal to the defendants and that the parties were in the process of negotiating.

After several months of mediation, the parties were unable to reach a settlement agreement. On October 4, 2019, the court certified the plaintiffs' class, and pre-trial preparations began. The order identified the class as "Plaintiffs and all prisoners in the custody of the New York State Department of Correctional and Community Supervision who suffer from a mobility disability limiting one or more of the prisoners major life activities and that requires the use of a wheelchair."

On November 15, 2019, the court ordered plaintiffs' counsel to file a status letter within 30 days, and for the parties to confer and indicate to the court whether or not the matter this action was ready for trial. After nearly ten months passed with no status letter, the court issued an order to show cause on August 6, 2020. The plaintiffs responded and the court directed them to contact Magistrate Judge Mark W. Pedersen for a scheduling conference. In early 2021, the court set a discovery schedule. This case is ongoing.

Summary Authors

Jessica Kincaid (3/2/2014)

Eva Richardson (11/17/2018)

Alex Moody (4/11/2020)

Emily Kempa (3/31/2021)

Related Cases

Shariff v. Goord, Western District of New York (2004)

SDNY's ADA Investigation of the NYC Department of Correction, No Court (2016)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/16298360/parties/shariff-v-allah/


Judge(s)

Batts, Deborah A. (New York)

Feldman, Jonathan W. (New York)

Pedersen, Mark W (New York)

Siragusa, Charles J. (New York)

Attorneys(s) for Plaintiff

Cook, David L. (New York)

Phillips, Spencer D. (New York)

Robinson, Terence Lee Jr. (New York)

Shariff, Abdul (New York)

Attorneys(s) for Defendant

Brown, Matthew D (New York)

Bruce, Benjamin A. (New York)

Judge(s)

Batts, Deborah A. (New York)

Feldman, Jonathan W. (New York)

Pedersen, Mark W (New York)

Siragusa, Charles J. (New York)

Attorneys(s) for Plaintiff

Cook, David L. (New York)

Phillips, Spencer D. (New York)

Robinson, Terence Lee Jr. (New York)

Shariff, Abdul (New York)

Attorneys(s) for Defendant

Brown, Matthew D (New York)

Bruce, Benjamin A. (New York)

Levine, Gary M. (New York)

Nosve, Donald (New York)

Steinman, Charles (New York)

Documents in the Clearinghouse

Document

Docket

Shariff v. Goord

U.S. District Court for the Southern District of New York

Feb. 24, 2014 Docket

Docket [PACER]

Feb. 3, 2021 Docket
84

Third Amended Complaint

Shariff v. Goord

May 29, 2007 Complaint
213

Decision & Order

Shariff v. Goord

Oct. 4, 2019 Order/Opinion

Docket

See docket on RECAP: https://www.courtlistener.com/docket/16298360/shariff-v-allah/

Last updated May 12, 2022, 8 p.m.

ECF Number Description Date Link
44

Case transferred in from Southern District of New York; Case Number 03-CV-7664. Original file received (with the excpetion of items #3, 27, 28, 42 which were reported to Southern District as missing from the file), a certified copy of transfer order and docket sheet. (Attachments: # 1 transfer order)(DZ, ) (Entered: 09/07/2005)

Sept. 7, 2005 PACER
45

CONTINUATION OF EXHIBITS to 44 Case Transferred In - District Transfer, . (Attachments: # 1 Application to Appoint Counsel# 2 Order# 3 Order of Reference# 4 Amended Complaint# 5 amended summons issued# 6 items #8 and #10 retruns of service# 7 return of service# 8 return of service# 9 return of service# 10 return of service# 11 return of service# 12 return of service# 13 return of service# 14 return of service# 15 return of service# 16 return of service# 17 item #20-23 retruns of service)(DZ, ) (Entered: 09/13/2005)

Sept. 7, 2005 PACER
46

CONTINUATION OF EXHIBITS to 44 Case Transferred In - District Transfer, . (Attachments: # 1 item #25 Memorandum and Order# 2 #26 endorsed letter# 3 # 29 Memorandum and Order# 4 item #30 endorsed letter# 5 item #31 endorsed letter# 6 item #32 endorsed letter# 7 item #33 endorsed letter)(DZ, ) (Entered: 09/13/2005)

Sept. 7, 2005 PACER
47

CONTINUATION OF EXHIBITS to 44 Case Transferred In - District Transfer, . motion to dismiss and (Attachments: # 1 exhibits to motion# 2 exhibits to moiton)(DZ, ) (Entered: 09/13/2005)

Sept. 7, 2005 PACER
48

CONTINUATION OF EXHIBITS to 44 Case Transferred In - District Transfer, . (Attachments: # 1 Order #36# 2 item #37 endorsed letter# 3 item #38 memorandum# 4 item #39 endorsed letter# 5 item #40 reply memorandum# 6 item #41 order)(DZ, ) (Entered: 09/13/2005)

Sept. 7, 2005 PACER
49

NOTICE of Appearance by David L. Cook on behalf of all plaintiffs (Cook, David) (Entered: 09/22/2005)

Sept. 22, 2005 PACER
50

ORDER OF MAGISTRATE JUDGE HUGH B. SCOTTORDERCourt Clerk is directed to transfer this action to Rochester and reassign the case to a Rochester judge.Defendants are to file copies of S.D.N.Y. Case No. 03-CV-7664, Docket Nos. 27, 28, and 42, items missing from the docket when this action was transferred from the S.D.N.Y. So Ordered. Signed by Hon. Hugh B. Scott on 9/26/2005. (DRH) (Entered: 09/26/2005)

Sept. 26, 2005 PACER

Case Reassigned to Judge Charles J. Siragusa. Judge Hugh B. Scott no longer assigned to the case. (DZ, )

Sept. 26, 2005 PACER

Remark - All future submissions in this action should reflect, and be filed in, the new case number 6:05-CV-6504. (DZ, )

Sept. 27, 2005 PACER
51

ORDER REFERRING CASE to Magistrate Judge Jonathan W. Feldman. Signed by Hon. Charles J. Siragusa on 10/11/05. (JHF) (Entered: 10/12/2005)

Oct. 12, 2005 PACER
52

ORDER Scheduling Conference set for 12/2/2005 at 10:00 AM before Hon. Jonathan W. Feldman. Signed by Hon. Jonathan W. Feldman on 10/14/2005. (RO) (Entered: 10/14/2005)

Oct. 14, 2005 PACER
53

MEMORANDUM IN SUPPORT re 50 Order, This was Docket # 27 in S.D.N.Y. Case # 03cv7664 byAbdul Shariff, Jose Torres, Divine Allah, James West. (Steinman, Charles) (Entered: 10/20/2005)

Oct. 20, 2005 PACER
54

MOTION for Preliminary Injunction this was Docket #28 in S.D.N.Y Case #03cv7664 (Refer to Order Docket # 50) by Abdul Shariff, Jose Torres, Divine Allah, James West.(Steinman, Charles) (Entered: 10/20/2005)

Oct. 20, 2005 PACER
55

REPLY to Response to Motion re 54 MOTION for Preliminary Injunction this was Docket #42 in S.D.N.Y. Case #03cv7664 (Refer to Order Docket #50 filed by Abdul Shariff, Jose Torres, Divine Allah, James West. (Steinman, Charles) Modified on 10/21/2005 (JHF) (Entered: 10/20/2005)

Oct. 20, 2005 PACER

E-Filing Error Corrected: per attorney, Clerk corrected docket text for 55 REPLY. (JHF)

Oct. 21, 2005 PACER
56

Minute Entry for proceedings held before Judge Charles J. Siragusa : In Chambers Conference held on 11/21/2005. (Court Reporter Frank Leogrande.) (MSH, ) (Entered: 11/22/2005)

Nov. 21, 2005 PACER
57

Minute Entry for proceedings held before Judge Jonathan W. Feldman : Status Conference held on 12/2/2005. (RO) (Entered: 12/02/2005)

Dec. 2, 2005 PACER
58

Minute Entry for proceedings held before Judge Charles J. Siragusa : Preliminary Injunction hearing held. Court issues a temporary restraining order and hearing will continue 12-16-05 at 10:00 am.(Court Reporter Frank Leogrande.) (MSH, ) (Entered: 12/09/2005)

Dec. 9, 2005 PACER

Set/Reset Deadlines as to 54 MOTION for Preliminary Injunction this was Docket #28 in S.D.N.Y Case #03cv7664 (Refer to Order Docket # 50). Motion Hearing continued for 12/16/2005 10:00 AM before Hon. Charles J. Siragusa. (TO, )

Dec. 12, 2005 PACER
59

TEMPORARY RESTRAINING ORDER that until further Order of the Court, defendants are directed to supply plaintiffs Abdul Shariff, James west, and Divine Allah, with six (6) new single-use catheters per day. Signed by Hon. Charles J. Siragusa on 12/14/05. (JHF) (Entered: 12/14/2005)

Dec. 14, 2005 PACER
60

DECLARATION signed by Gabriel Haas, M.D. re 54 MOTION for Preliminary Injunction this was Docket #28 in S.D.N.Y Case #03cv7664 (Refer to Order Docket # 50) filed by Carl J. Koeningsmann, Robert Macomber, David. Goodwin, Nancy Conner, Samuel Stornelli, Dobies, Peter Gregoire, William Mazzuca, Donna Masterson, Stephen Bernardi, Lester N. Wright, Glenn S. Goord, William E. Phillips, Carl J. Koeningsmann, Robert Macomber, David. Goodwin, Nancy Conner, Samuel Stornelli, Dobies, Peter Gregoire, William Mazzuca, Donna Masterson, Stephen Bernardi, Lester N. Wright, Glenn S. Goord, William E. Phillips In Opposition to Plaintiffs' Motion for Preliminary Injunction filed by Carl J. Koeningsmann, Robert Macomber, David. Goodwin, Nancy Conner, Samuel Stornelli, Dobies, Peter Gregoire, William Mazzuca, Donna Masterson, Stephen Bernardi, Lester N. Wright, Glenn S. Goord, William E. Phillips, Carl J. Koeningsmann, Robert Macomber, David. Goodwin, Nancy Conner, Samuel Stornelli, Dobies, Peter Gregoire, William Mazzuca, Donna Masterson, Stephen Bernardi, Lester N. Wright, Glenn S. Goord, William E. Phillips. (Bruce, Benjamin) (Entered: 12/15/2005)

Dec. 15, 2005 PACER
61

Minute Entry for proceedings held before Judge Charles J. Siragusa : Preliminary Injunction Hearing held on 12/16/2005. Temporary restraining order lifted and request for a preliminary injunction is denied. (Court Reporter Christi Macri.) (MSH, ) (Entered: 12/16/2005)

Dec. 16, 2005 PACER
62

ORDER Scheduling Conference set for 8/2/2006 at 02:30 PM before Hon. Jonathan W. Feldman. Signed by Hon. Jonathan W. Feldman on 6/23/2006. (RO) (Entered: 06/23/2006)

June 23, 2006 PACER

NOTICE: Scheduling Conference set for 8/2/2006 is RESET for 9/11/2006 at 02:00 PM before Hon. Jonathan W. Feldman. (RO)

July 31, 2006 PACER
63

SCHEDULING ORDER: Mandatory Disclosure due by 9/29/2006. Defendant Expert Witness ID due by 3/2/2007. Plaintiff Expert Witness ID due by 2/2/2007. Discovery due by 4/2/2007. Join Parties/Amend Pleadings due by 11/15/2006. Motions due by 7/2/2007. Signed by Hon. Jonathan W. Feldman on 9/11/2006. (RO) (Entered: 09/11/2006)

Sept. 11, 2006 PACER
64

Minute Entry for proceedings held before Judge Jonathan W. Feldman : Scheduling Conference held on 9/11/2006. Order issued. (RO) (Entered: 09/11/2006)

Sept. 11, 2006 PACER
65

ORDER denying 54 Motion for Preliminary Injunction; the Temporary Restraining Order issued on 12/9/05 is Lifted; and, the defendants are to provide plaintiffs with soap and water sufficient for cleaning catheters afetr reuse. Signed by Judge Charles J. Siragusa on 9/14/06. (JHF) (Entered: 09/19/2006)

Sept. 15, 2006 PACER
66

ANSWER to Interrogatories from Defendant Donna (Masterson) D'Aloia by Donna Masterson.(Bruce, Benjamin) (Entered: 10/30/2006)

Oct. 30, 2006 PACER
67

ANSWER to Interrogatories from Defendant Robert MaComber's Response to Plaintiff's First Set of Interrogatories mailed on October 2, 2006 by Robert Macomber.(Bruce, Benjamin) (Entered: 11/02/2006)

Nov. 2, 2006 PACER
68

ANSWER to Interrogatories from Defendant William Mazzuca in Response to Plaintiff's 1st Set of Interrogatories mailed on 10-2-06 by William Mazzuca.(Bruce, Benjamin) (Entered: 11/02/2006)

Nov. 2, 2006 PACER
69

ANSWER to Interrogatories from Defendant Nancy O'Connor-Ryerson's Response to Plaintiff's Interrogatories mailed on 10-2-06 by Nancy Conner.(Bruce, Benjamin) (Entered: 11/03/2006)

Nov. 3, 2006 PACER
70

ANSWER to Interrogatories from Defendant David Goodwin Respones to Plaintiff's First Set of Interrogatories mailed on 10-2-06 by David. Goodwin.(Bruce, Benjamin) (Entered: 11/08/2006)

Nov. 8, 2006 PACER
71

ANSWER to Interrogatories from Defendant Lester Wright Response to Plaintiff's 1st Set of Interrogatories mailed on 10-2-2006 by Lester N. Wright.(Bruce, Benjamin) (Entered: 11/09/2006)

Nov. 9, 2006 PACER
72

RESPONSE to Discovery Request from Defendant Lester Wright Response with Exhibit A to Plaintiff's 1st Request for Production of Documents dated 10-2-2006 by Lester N. Wright.(Bruce, Benjamin) (Entered: 11/09/2006)

Nov. 9, 2006 PACER
73

ANSWER to Interrogatories from Defendant Stephen Bernardi Response to Plaintiff's 1st Set of Interrogatories mailed on 10-2-2006 by Stephen Bernardi.(Bruce, Benjamin) (Entered: 11/09/2006)

Nov. 9, 2006 PACER
74

SCHEDULING ORDER: Defendant Expert Witness ID due by 5/2/2007. Plaintiff Expert Witness ID due by 4/2/2007. All parties shall complete expert discovery by 6/4/2007. Factual Discovery due by 6/4/2007. Join Parties/Amend Pleadings due by 1/16/2007. Motions due by 9/4/2007. Signed by Hon. Jonathan W. Feldman on 11/16/2006. (LMD, ) (Entered: 11/16/2006)

Nov. 16, 2006 PACER
75

ANSWER to Interrogatories from Defendant Glenn Goord Response to Plaintiffs 1st Set of Interrogatories mailed on 10-02-2006 by Glenn S. Goord.(Bruce, Benjamin) (Entered: 12/07/2006)

Dec. 7, 2006 PACER
76

ANSWER to Interrogatories from Defendant William Phillips to Plaintiff's 1st Set of Interrogatories mailed on 10-02-2006 by William E. Phillips.(Bruce, Benjamin) (Entered: 12/13/2006)

Dec. 13, 2006 PACER
77

ANSWER to Interrogatories from Defendant J. Peter Gregoire, MD to Plaintiff's 1st set of Interrogatories mailed on October 2, 2006 by Peter Gregoire.(Bruce, Benjamin) (Entered: 01/02/2007)

Jan. 2, 2007 PACER
78

SECOND AMENDED SCHEDULING ORDER: Defendant Expert Witness ID due by 6/1/2007. Plaintiff Expert Witness ID due by 5/2/2007. Discovery due by 7/5/2007. Join Parties/Amend Pleadings due by 2/16/2007. Motions due by 10/4/2007. Signed by Hon. Jonathan W. Feldman on 1/12/2007. (RO) (Entered: 01/16/2007)

Jan. 12, 2007 PACER
79

THIRD AMENDED SCHEDULING ORDER: Defendant Expert Witness ID due by 7/5/2007. Plaintiff Expert Witness ID due by 6/4/2007. Discovery due by 8/6/2007. Join Parties/Amend Pleadings due by 3/16/2007. Motions due by 11/5/2007. Signed by Hon. Jonathan W. Feldman on 2/15/2007. (RO) (Entered: 02/15/2007)

Feb. 15, 2007 PACER
80

SECOND AMENDED COMPLAINT against all defendants, filed by Abdul Shariff, Divine Allah, James West.(Cook, David) Docket Text Modified on 3/19/2007 (JHF). Docket Text Modified on 4/13/2007 (JHF). (Entered: 03/16/2007)

March 16, 2007 PACER
81

CERTIFICATE OF SERVICE by Abdul Shariff, Divine Allah, James West re 80 Amended Complaint Second Amended Complaint (Cook, David) (Entered: 03/16/2007)

March 16, 2007 PACER
82

ORDER that 80 Proposed Amended Complaint is now the operative pleading. Clerk directed to revise the docket sheet accordingly. Defense counsel will accept service of the new complaint on previously named defendants Goord, Wright, Bernardi, Poole, Gregoire and Phillips. Plaintiff's counsel will need to arrange service of the new complaint on the remaining and newly named defendants. Defendants will have 60 days from the date of service to answer the new complaint. Signed by Hon. Jonathan W. Feldman on 4/12/07. (JHF) (Entered: 04/13/2007)

April 13, 2007 PACER

E-Filing Notification: per 82 order, revised docket text of 80 to SECOND AMENDED COMPLAINT (now is the operative pleading) from PROPOSED AMENDED COMPLAINT. Revised caption to show termination of some defendants and of plaintiff Torres, addition of new defendants, and revision of existing defendants' names and party text. (JHF)

April 13, 2007 PACER
83

LETTER ORDER granting defendants Goord, Wright, Bernardi, Poole, Gregoire and Phillips request for 60 days to answer 80 Amended Complaint. Signed by Hon. Jonathan W. Feldman on 4/13/07. (JHF) (Entered: 04/13/2007)

April 13, 2007 PACER
84

AMENDED COMPLAINT (Third Amended Complaint) against all defendants, filed by Abdul Shariff. (Attachments: # 1)(Cook, David) (Entered: 05/29/2007)

May 29, 2007 PACER
85

LETTER ORDER granting defendants Goord, Wright, Bernardi, Poole, Gregoire and Phillips request for an extension of 30 days to answer 84 Amended Complaint and Attorney Benjamin Bruce accepts service on behalf of these defendants. Signed by Hon. Jonathan W. Feldman on 8/17/07. (JHF) (Entered: 08/21/2007)

Aug. 17, 2007 PACER
86

ANSWER to Amended Complaint Third Amended Complaint by Thomas M. Poole, the New York State Department of Correctional Services, J. Peter Gregoire, MD, Stephen Bernardi, Lester N. Wright, MPH, Glenn S. Goord, William Phillips.(Bruce, Benjamin) (Entered: 09/18/2007)

Sept. 18, 2007 PACER
87

AFFIDAVIT of Service for Summons and Third Amended Complaint served on Robert Ercole, Superintendent of Green Haven on 09/18/07, filed by Jose Torres, Divine Allah, James West. (Cook, David) (Entered: 09/26/2007)

Sept. 26, 2007 PACER
88

AFFIDAVIT of Service for Affidavit of Service served on Sheryl Zenzen, Deputy Superintendent of Programs at Five Points on 9/17/07, filed by Abdul Shariff, Jose Torres, Divine Allah, James West. (Cook, David) (Entered: 09/26/2007)

Sept. 26, 2007 PACER
89

AFFIDAVIT of Service for Affidavit of Service served on Daniel Weinstock, Health Services Director on 9/18/07, filed by Abdul Shariff, Jose Torres, Divine Allah, James West. (Cook, David) (Entered: 09/26/2007)

Sept. 26, 2007 PACER
90

AFFIDAVIT of Service for Affidavit of Service served on Sandra Dolce, Deputy Superintendent of Programs at Attica on 9/20/07, filed by Abdul Shariff, Jose Torres, Divine Allah, James West. (Cook, David) (Entered: 09/26/2007)

Sept. 26, 2007 PACER
91

AFFIDAVIT of Service for Affidavit of Service of Summons and Third Amended Complaint served on James Conway, Superintendent at Attica on 9/20/07, filed by Abdul Shariff, Jose Torres, Divine Allah, James West. (Cook, David) (Entered: 09/26/2007)

Sept. 26, 2007 PACER
92

AFFIDAVIT of Service for Affidavit of Service of Summons and Third Amended Complaint served on Jim Lindsay, Deputy Superintendant of Programs at Orleans on 9/17/07, filed by Abdul Shariff, Jose Torres, Divine Allah, James West. (Cook, David) (Entered: 09/26/2007)

Sept. 26, 2007 PACER
93

AFFIDAVIT of Service for Affidavit of Service of Summons and Third Amended Complaint served on Sherry Montanari, Nurse Administrator at Orleans on 9/17/07, filed by Abdul Shariff, Jose Torres, Divine Allah, James West. (Cook, David) (Entered: 09/26/2007)

Sept. 26, 2007 PACER
94

AFFIDAVIT of Service for Summons and Third Amended Complaint served on Dave Unger, Superintendant at Orleans on 9/17/07, filed by Abdul Shariff, Jose Torres, Divine Allah, James West. (Cook, David) (Entered: 09/26/2007)

Sept. 26, 2007 PACER
95

AFFIDAVIT of Service for Summons and Third Amended Complaint served on Nurse Robinson on 9/17/07, filed by Abdul Shariff, Jose Torres, Divine Allah, James West. (Cook, David) (Entered: 09/26/2007)

Sept. 26, 2007 PACER
96

AFFIDAVIT of Service for Summons and Third Amended Complaint served on Michael Giambruno, Superintendent at Wyoming on 9/20/07, filed by Abdul Shariff, Jose Torres, Divine Allah, James West. (Cook, David) (Entered: 10/02/2007)

Oct. 2, 2007 PACER
97

AFFIDAVIT of Service for Summons and Third Amended Complaint served on Habib Skieky, M.D., Health Services Director at Wyoming on 9/20/07, filed by Abdul Shariff, Jose Torres, Divine Allah, James West. (Cook, David) (Entered: 10/02/2007)

Oct. 2, 2007 PACER
98

AFFIDAVIT of Service for Summons and Third Amended Complaint served on Gerald Elmore, Deputy Superintendent at Wyoming on 9/20/07, filed by Abdul Shariff, Jose Torres, Divine Allah, James West. (Cook, David) (Entered: 10/02/2007)

Oct. 2, 2007 PACER
99

AFFIDAVIT of Service for Summons and Third Amended Complaint served on Mohrning, Medical Director on 9/20/07, filed by Abdul Shariff, Jose Torres, Divine Allah, James West. (Cook, David) (Entered: 10/02/2007)

Oct. 2, 2007 PACER
100

AFFIDAVIT of Service for Summons and Third Amended Complaint served on Pippen, R.N., Nurse on 9/21/07, filed by Abdul Shariff, Divine Allah, James West. (Cook, David) (Entered: 10/02/2007)

Oct. 2, 2007 PACER
101

AFFIDAVIT of Service for Summons and Third Amended Complaint served on John R. Demars, Deputy Superintendent at Franklin on 9/20/07, filed by Abdul Shariff, Divine Allah, James West. (Cook, David) (Entered: 10/02/2007)

Oct. 2, 2007 PACER
102

AFFIDAVIT of Service for Summons and Third Amended Complaint served on Glen Champagne, M.D., Medical Director at Franklin on 9/20/07, filed by Abdul Shariff, Divine Allah, James West. (Cook, David) (Entered: 10/02/2007)

Oct. 2, 2007 PACER
103

AFFIDAVIT of Service for Summons and Third Amended Complaint served on Charles M. Devane, Former Deputy Commissioner of Administrataive Services on 9/21/07, filed by Abdul Shariff, Divine Allah, James West. (Cook, David) (Entered: 10/02/2007)

Oct. 2, 2007 PACER
104

AFFIDAVIT of Service for Summons and Third Amended Complaint served on Evelyn Weissman, Facility Health Services Director at Upstate on 9/20/07, filed by Abdul Shariff, Divine Allah, James West. (Cook, David) (Entered: 10/02/2007)

Oct. 2, 2007 PACER
105

AFFIDAVIT of Service for Summons and Third Amended Complaint served on Maria B. Tirone, Deputy Superintendent at Upstate on 9/20/07, filed by Abdul Shariff, Divine Allah, James West. (Cook, David) (Entered: 10/02/2007)

Oct. 2, 2007 PACER
106

AFFIDAVIT of Service for Summons and Third Amended Complaint served on Robert K. Woods, Superintendent at Upstate on 9/20/07, filed by Abdul Shariff, Divine Allah, James West. (Cook, David) (Entered: 10/02/2007)

Oct. 2, 2007 PACER
107

AFFIDAVIT of Service for Summons and Third Amended Complaint served on Brian S. Fischer, Acting Commissioner of DOCS on 9/19/07, filed by Abdul Shariff, Divine Allah, James West. (Cook, David) Modified on 10/11/2007 (O, T). (Entered: 10/11/2007)

Oct. 11, 2007 PACER
108

AFFIDAVIT of Service for Summons and Third Amended Complaint served on Robert Raymondm, ADA Coordinator for DOCS on 9/28/07, filed by Abdul Shariff, Divine Allah, James West. (Cook, David) (Entered: 10/11/2007)

Oct. 11, 2007 PACER
109

AFFIDAVIT of Service for Summons and Third Amended Complaint served on John H. Nuttall, Deputy Commissioner of Program Services on 9/19/07, filed by Abdul Shariff, Divine Allah, James West. (Cook, David) (Entered: 10/11/2007)

Oct. 11, 2007 PACER
110

Defendant Devane's ANSWER to Amended Complaint by Charles Devane.(Bruce, Benjamin) (Entered: 10/18/2007)

Oct. 18, 2007 PACER
111

Defendant NYS DOCS' ANSWER to Amended Complaint by the New York State Department of Correctional Services.(Bruce, Benjamin) (Entered: 10/18/2007)

Oct. 18, 2007 PACER
112

Defendant Fischer's ANSWER to Amended Complaint by Brian S. Fischer.(Bruce, Benjamin) (Entered: 10/18/2007)

Oct. 18, 2007 PACER
113

Defendant Nuttall's ANSWER to Amended Complaint by John H. Nuttall.(Bruce, Benjamin) (Entered: 10/18/2007)

Oct. 18, 2007 PACER
114

AMENDED ANSWER to Third Amended Complaint 84 Amended Complaint by Defendant Goord by Glenn S. Goord. (Bruce, Benjamin) (Entered: 10/18/2007)

Oct. 18, 2007 PACER
115

AMENDED ANSWER to Third Amended Complaint 84 Amended Complaint By Defendant Wright by Lester N. Wright, MPH. (Bruce, Benjamin) (Entered: 10/18/2007)

Oct. 18, 2007 PACER
116

ANSWER to Amended Complaint Third Amended Complaint by John R. Demars.(Bruce, Benjamin) (Entered: 10/19/2007)

Oct. 19, 2007 PACER
117

ANSWER to Amended Complaint Third Amended Complaint by Pippen, RN.(Bruce, Benjamin) (Entered: 10/19/2007)

Oct. 19, 2007 PACER
118

Defendant Dr. Shiekh ANSWER to Amended Complaint by Habib Shieky, MD.(Bruce, Benjamin) (Entered: 10/22/2007)

Oct. 22, 2007 PACER
119

Defendant Giambruno ANSWER to Amended Complaint by Michael Giambruno.(Bruce, Benjamin) (Entered: 10/22/2007)

Oct. 22, 2007 PACER
120

Defendant Mohring ANSWER to Amended Complaint by Mohrning.(Bruce, Benjamin) (Entered: 10/22/2007)

Oct. 22, 2007 PACER
121

Defendant Elmore ANSWER to Amended Complaint by Gerald Elmore.(Bruce, Benjamin) (Entered: 10/22/2007)

Oct. 22, 2007 PACER
122

Defendant Dolce ANSWER to Amended Complaint by Sandra Dolce.(Bruce, Benjamin) (Entered: 10/22/2007)

Oct. 22, 2007 PACER
123

Defendant Champagne ANSWER to Amended Complaint by Glen Champagne, MD.(Bruce, Benjamin) (Entered: 10/22/2007)

Oct. 22, 2007 PACER
124

Defendant Conway ANSWER to Amended Complaint by James Conway.(Bruce, Benjamin) (Entered: 10/22/2007)

Oct. 22, 2007 PACER
125

AMENDED ANSWER to 84 Amended Complaint on behalf of Defendant Bernardi by Stephen Bernardi. (Bruce, Benjamin) (Entered: 10/22/2007)

Oct. 22, 2007 PACER
126

Defendant Montanari ANSWER to Amended Complaint by Sherry Montanari.(Bruce, Benjamin) (Entered: 10/23/2007)

Oct. 23, 2007 PACER
127

Defendant Robinson ANSWER to Amended Complaint by Robinson, RN.(Bruce, Benjamin) (Entered: 10/23/2007)

Oct. 23, 2007 PACER
128

Defendant Lindsay ANSWER to Amended Complaint by Jim Lindsay.(Bruce, Benjamin) (Entered: 10/23/2007)

Oct. 23, 2007 PACER
129

Defendant Unger ANSWER to Amended Complaint by Dave Unger.(Bruce, Benjamin) (Entered: 10/23/2007)

Oct. 23, 2007 PACER
130

Defendant Ercole ANSWER to Amended Complaint by Robert Ercole.(Bruce, Benjamin) (Entered: 10/23/2007)

Oct. 23, 2007 PACER
131

AMENDED ANSWER to 84 Amended Complaint Defendant Phillips by William Phillips. (Bruce, Benjamin) (Entered: 10/23/2007)

Oct. 23, 2007 PACER
132

Defendant Weinstock ANSWER to Amended Complaint by Daniel Weinstock.(Bruce, Benjamin) (Entered: 10/24/2007)

Oct. 24, 2007 PACER
133

Defendant ZenZen ANSWER to Amended Complaint by Sheryl Zenzen.(Bruce, Benjamin) (Entered: 10/24/2007)

Oct. 24, 2007 PACER
134

AMENDED ANSWER to 84 Amended Complaint Defenatn Gregoire by J. Peter Gregoire, MD. (Bruce, Benjamin) (Entered: 10/24/2007)

Oct. 24, 2007 PACER
135

Defendant Woods ANSWER to Amended Complaint by Robert K. Woods.(Bruce, Benjamin) (Entered: 10/25/2007)

Oct. 25, 2007 PACER
136

Defendant Tirone ANSWER to Amended Complaint by Maria B. Tirone.(Bruce, Benjamin) (Entered: 10/25/2007)

Oct. 25, 2007 PACER
137

Defendant Weissman ANSWER to Amended Complaint by Evelyn Weissman.(Bruce, Benjamin) (Entered: 10/25/2007)

Oct. 25, 2007 PACER

State / Territory: New York

Case Type(s):

Prison Conditions

Special Collection(s):

Post-WalMart decisions on class certification

Key Dates

Filing Date: Sept. 7, 2005

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

State prisoners with mobility disabilities in the New York State Department of Correctional Services (“DOCS”)

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: No

Filed Pro Se: Yes

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

New York State Department of Correctional Services, State

Defendant Type(s):

Corrections

Case Details

Causes of Action:

42 U.S.C. § 1983

Americans with Disabilities Act (ADA), 42 U.S.C. §§ 12111 et seq.

Section 504 (Rehabilitation Act), 29 U.S.C. § 701

Constitutional Clause(s):

Cruel and Unusual Punishment

Equal Protection

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

Bathrooms

Buildings

Conditions of confinement

Reasonable Accommodations

Reasonable Modifications

Sanitation / living conditions

Discrimination-basis:

Disability (inc. reasonable accommodations)

Disability:

Mobility impairment

Medical/Mental Health:

Medical care, general

Type of Facility:

Government-run