Case: Billips v. Horn

1:04-cv-01086 | U.S. District Court for the Southern District of New York

Filed Date: Feb. 10, 2004

Closed Date: 2007

Clearinghouse coding complete

Case Summary

On February 10, 2004, one or more New York jail inmates filed a lawsuit in the U.S. District Court for the Southern District of New York against the New York City Department of Correction (DOC), the New York City Police Department, the New York State Office of Mental Health, and the New York State Office of Mental Retardation and Developmental Disabilities. We only have limited information about this case.The plaintiffs, represented by the Legal Aid Society, claimed that when they were sentence…

On February 10, 2004, one or more New York jail inmates filed a lawsuit in the U.S. District Court for the Southern District of New York against the New York City Department of Correction (DOC), the New York City Police Department, the New York State Office of Mental Health, and the New York State Office of Mental Retardation and Developmental Disabilities. We only have limited information about this case.

The plaintiffs, represented by the Legal Aid Society, claimed that when they were sentenced to either city jail or State prison, they received insufficient credit against their sentences for pre-trial jail time already served. The plaintiffs argued that the problem was the result of poor communication between DOC, which is responsible for keeping track of and certifying jail time, and the other agencies, as well as internal problems in DOC's own record keeping.

On February 14, 2005, the District Court (Judge Baer) issued a stipulation and order of settlement and dismissal. The case was settled prior to ruling on class certification.

In a 2007 law review article, Judge Baer wrote about this case: The DOC recognized the need for a more adequate policy and system to track information--when the inmates were in the hospital for either physical or emotional afflictions--so that the time could be deducted from inmates' sentences. The two parties developed a settlement plan where the DOC would: (1) set up computerized systems to track such information; and (2) provide a quarterly report and have necessary conferences with the court. The settlement agreement gave the DOC only a year to put the systems in place and another two years of monitoring by the court to ensure ongoing compliance. The court's authority to monitor would end after two years.

There are no further dockets after the end of the settlement plan, and the case is now closed.

Summary Authors

David Cho (11/6/2014)

People


Judge(s)

Baer, Harold Jr. (New York)

Attorneys(s) for Plaintiff

Gibney, William D. (New York)

Attorneys(s) for Defendant

DiChiara, Michael (New York)

Konowitz, Marc Alan (New York)

Judge(s)

Baer, Harold Jr. (New York)

Attorneys(s) for Plaintiff

Gibney, William D. (New York)

Attorneys(s) for Defendant

DiChiara, Michael (New York)

Konowitz, Marc Alan (New York)

Documents in the Clearinghouse

Document

1:04-cv-01086

Docket [PACER]

Feb. 14, 2005

Feb. 14, 2005

Docket

Resources

Docket

Last updated Aug. 4, 2022, 3:22 a.m.

ECF Number Description Date Link Date / Link

SUMMONS ISSUED as to Sharon Carpinello, Martin Horn, Raymond W. Kelly. (gmo, ) (Entered: 02/11/2004)

Feb. 10, 2004

Feb. 10, 2004

1

COMPLAINT against Sharon Carpinello, Martin Horn, Raymond W. Kelly. (Filing Fee $ 150.00, Receipt Number 499149)Document filed by Alkim Billips, Anthony Daniels, Robert Rowland, David Serrano.(gmo, ) (Entered: 02/11/2004)

Feb. 10, 2004

Feb. 10, 2004

Magistrate Judge Frank Maas is so designated. (gmo, ) (Entered: 02/11/2004)

Feb. 10, 2004

Feb. 10, 2004

2

Letter addressed to William D. Gibney from Judge Harold Baer dated 2/19/04 re: a pretrial conference will be held on 4/15/04 in Room 2230 at 4:10 p.m. (db, ) (Entered: 03/02/2004)

Feb. 27, 2004

Feb. 27, 2004

4

ENDORSED LETTER addressed to Judge Baer from Michael DiChiara dated 3/5/04; granting defts an extension of time until 3/19/04 to respond to plntfs' complaint. (Signed by Judge Harold Baer on 3/5/04) (cd, ) (Entered: 03/15/2004)

March 9, 2004

March 9, 2004

3

ENDORSED LETTER addressed to Ms.Sherlock from William Gibney dated 2/24/04 re: counsel requests an adjournment of pretrial conference. Pretrial Conference set for 4/1/2004 04:10 PM before Judge Harold Baer. (Signed by Judge Harold Baer on 3/10/04) (djc, ) (Entered: 03/15/2004)

March 10, 2004

March 10, 2004

5

ANSWER to Complaint. Document filed by Martin Horn, Raymond W. Kelly.(jeh, ) (Entered: 03/17/2004)

March 12, 2004

March 12, 2004

6

NOTICE OF MOTION (FILED ON SERVICE DATE) to Dismiss the complt with attached declaration of Richard Wolfe in support. (nite dep. box). Document filed by Thomas A. Maul, Sharon Carpinello. (pa, ) (Entered: 03/25/2004)

March 15, 2004

March 15, 2004

7

MEMORANDUM OF LAW in Support re: 6 MOTION (FILED ON SERVICE DATE) to Dismiss.(nite dep. box). Document filed by Sharon Carpinello, Thomas A. Maul. (pa, ) (Entered: 03/25/2004)

March 24, 2004

March 24, 2004

8

ENDORSED LETTER addressed to Judge Baer from William Gibney dated 3/24/2004 re: additional time to respond to the State's motion to dismiss. The Court rules that you have received an adjournment regarding your time to answer and perhaps another with respect to the PTC− in any event so lond as there is no other change in the PTSO that you bring to the 4/1/04 conference, it's ok with me. Plaintiff shall response to the motion to dismiss is now due on 4/6/2004 and the State shall reply on 4/13/2004. (Signed by Judge Harold Baer on 3/29/2004) (jsa, ) (Entered: 04/01/2004)

March 30, 2004

March 30, 2004

Set Deadlines/Hearings: Replies due by 4/13/2004. Reply to Response to Brief due by 4/6/2004. (jsa, ) (Entered: 04/01/2004)

March 31, 2004

March 31, 2004

9

PRETRIAL SCHEDULING ORDER: Amended Pleadings due by 7/1/2004. Joinder of Parties due by 7/1/2004. All discovery except for expert Discovery due by 9/15/2004. No party may make a dispositive motion returnable after 09/01/04; Joint Pretrial Order due by 10/22/2004. Non jury trial; Estimated umber of trial days is 10 days. case is added to the November 2004 Trailing Trial Calendar; The law clerk assigned to this case is Erin Aslam, to whom all correspodence should be directed; (Signed by Judge Harold Baer on 4/1/04) (djc, ) (Entered: 04/05/2004)

April 2, 2004

April 2, 2004

10

MEMORANDUM OF LAW in Opposition re: 6 MOTION (FILED ON SERVICE DATE) to Dismiss. Document filed by Alkim Billips, Anthony Daniels, Robert Rowland, David Serrano. (db, ) (Entered: 04/08/2004)

April 6, 2004

April 6, 2004

11

SUMMONS RETURNED EXECUTED Summons and Complaint served. Martin Horn served on 2/10/2004, answer due 3/1/2004. Service was accepted by authorized agent at the NYC DOC Office. Document filed by Alkim Billips ; Anthony Daniels ; Robert Rowland ; David Serrano. (db, ) (Entered: 04/09/2004)

April 8, 2004

April 8, 2004

12

SUMMONS RETURNED EXECUTED. Sharon Carpinello served on 2/18/2004, answer due 3/9/2004. Service was accepted by Alan H. Sunukjian, assistant counsel. Document filed by Alkim Billips ; Anthony Daniels ; Robert Rowland ; David Serrano. (dle, ) (Entered: 04/09/2004)

April 8, 2004

April 8, 2004

13

SUMMONS RETURNED EXECUTED Summons and Complaint served. Thomas A. Maul served on 2/13/2004, answer due 3/4/2004. Service was accepted by Donald M. Matusik. Document filed by Alkim Billips ; Anthony Daniels ; Robert Rowland ; David Serrano. (tp, ) (Entered: 04/09/2004)

April 8, 2004

April 8, 2004

14

SUMMONS RETURNED EXECUTED Summons and Complaint served. Raymond W. Kelly served on 2/10/2004, answer due 3/1/2004. Service was accepted by personal service. Document filed by Alkim Billips ; Anthony Daniels ; Robert Rowland ; David Serrano. (jco, ) (Entered: 04/09/2004)

April 8, 2004

April 8, 2004

15

MOTION (FILED ON SERVICE DATE) to Certify Class. Document filed by Alkim Billips, Anthony Daniels, Robert Rowland, David Serrano. (kw, ) (Entered: 04/12/2004)

April 8, 2004

April 8, 2004

16

MEMORANDUM OF LAW in Support re: 15 MOTION (FILED ON SERVICE DATE) to Certify Class. Document filed by Alkim Billips, Anthony Daniels, Robert Rowland, David Serrano. (kw, ) (Entered: 04/12/2004)

April 8, 2004

April 8, 2004

17

SUMMONS RETURNED EXECUTED Summons and Complaint served. Sharon Carpinello served on 2/23/2004, answer due 3/15/2004. Service was accepted by Authorized Agent, Office of Attorney General. Document filed by Alkim Billips ; Anthony Daniels ; Robert Rowland ; David Serrano. (kw, ) (Entered: 04/13/2004)

April 8, 2004

April 8, 2004

18

REPLY MEMORANDUM OF LAW in Further Support Of Defendants Carpinello And Maul's re: 6 MOTION (FILED ON SERVICE DATE) to Dismiss.. Document filed by Sharon Carpinello, Thomas A. Maul. (jmi, ) (Entered: 04/20/2004)

April 16, 2004

April 16, 2004

19

ORDER re: 10 Memorandum of Law in Oppisition to Motion filed by Alkim Billips, David Serrano, Robert Rowland, Anthony Daniels. My hope as I thought I conveyed at the PTC was that in my view an adversarial posture might not be the way to go and I gather you are meeting amongst yourselves to see if an appropriate accomodation can be accomplished and further litigation avoided. However you come out I will await our meeting next month and then if necessary, turn my attention to the motion. So Ordered. (Signed by Judge Harold Baer on 4/21/04) (jco, ) (Entered: 04/23/2004)

April 22, 2004

April 22, 2004

20

ENDORSED LETTER addressed to Judge Baer from William Gibney dated 5/20/04 re: I'm delighted at the progress you report and will grant what I guess resembles a stay but I would like to grant it for 30 days and then have another report and if there are still open items that require mediation, to hold one early in July. For now the stay extends to June 25th with another report or preferable a settlement at that time and your request if necessary for more time or mediation and motions to dismiss will also be stayed. (Signed by Judge Harold Baer on 5/21/04) (tp, ) (Entered: 05/25/2004)

May 24, 2004

May 24, 2004

21

ENDORSED LETTER addressed to Judge Harold Baer, Jr. from Andrew Abraham, Marc Konowitz and Stephen Kitzinger dated 6/25/04 re: Counsel for both plaintiff and defendants write to inform the Court of the status of negotiations in this matter. I'm delighted at your progress but sadly your agenda and mine are not the same and I want to resolve the case now having with this adjournment provided plenty of time. You are on the November Trailing Trial Calendar, take as much time as you like but is it is not resolved by August 19, be here for a PTC at 2:50 p.m. and we will set some definite dates including trial. (Signed by Judge Harold Baer on 6/28/04) (jco, ) (Entered: 06/30/2004)

June 29, 2004

June 29, 2004

22

ENDORSED LETTER addressed to Judge Harold Baer, Jr. from William Gibney dated 7/6/04 re: 9/9/04 is fine with the caveat that the motions are fully briefed 9/1/04, so trust you will arrive with a settlement in hand or even send it in advance. Look forward to seeing all your prose. (Signed by Judge Harold Baer on 7/7/04) (db, ) (Entered: 07/08/2004)

July 7, 2004

July 7, 2004

23

ENDORSED LETTER addressed to Judge Baer from Marc Konowitz dated 8/31/2004 re: Sadly I have little way to extend the dates for trial and other dates that have passed are now also beyond ressurection. You are on the November trial calendar according to the PTSO. If I ordered any adjournemtns which interface or supercede that timetable, let me know. We can talk again on October 5, but don't count on making motions since even now I will not have the 60 days my rules permit me to decide any motion. Feel better. So ordered. (Signed by Judge Harold Baer on 9/8/2004) (jsa, ) (Entered: 09/13/2004)

Sept. 10, 2004

Sept. 10, 2004

24

ENDORSED LETTER addressed to Judge Harold Baer from William Gibney dated 10/21/04 re: counsel writes to report the status of the negotiations in this case. One more time we will forebear − but the case will be dismissed without prejudice come 1/6/05. Alternatively I will try it on that date assuming 30 days' notice. Enough is enough. Judges, at least Federal Judges, have different agendas from litigating any one item on that agenda is moving cases. (Signed by Judge Harold Baer on 10/26/04) (kw, ) (Entered: 10/29/2004)

Oct. 27, 2004

Oct. 27, 2004

25

ORDER; denying 6 Motion to Dismiss; The Clerk of the Court is instructed to close this motion. The State defendants have until 12/30/04 to oppose the plaitniffs' class certification motion and the plaintiffs have until 1/6/05 to reply. The Court will hold a class certification hearing on 1/13/05 at 12:00 p.m.. The pre−trial materials, including the joint pre−trial order, fully briefed motions in limine, if any, and objections to exhibits, together with a brief response to any such objections, are due in Chambers on 1/31/05. A non−jury trial will commence on 2/9/05. (Signed by Judge Harold Baer on 12/17/04) (sac, ) (Entered: 12/22/2004)

Dec. 20, 2004

Dec. 20, 2004

26

ENDORSED LETTER addressed to Judge Baer from Edward J. Curtis, Jr. dated 12/30/04 re: counsel requests that the State Defendants' time to answer be extended to January 6, 2005; OK but keep the balance of our time−table in mind, e.g. class cert hearing − it doesn't change. (Signed by Judge Harold Baer on 12/30/04) (djc, ) (Entered: 01/05/2005)

Jan. 4, 2005

Jan. 4, 2005

27

ORDER OF DISCONTINUANCE with prejudice and without prejudice.... (Signed by Judge Harold Baer on 1/7/05) (jf, ) (Entered: 01/11/2005)

Jan. 10, 2005

Jan. 10, 2005

28

STIPULATION AND ORDER OF SETTLEMENT AND DISMISSAL.... (Signed by Judge Harold Baer on 2/14/05) (jf, ) (Entered: 02/16/2005)

Feb. 14, 2005

Feb. 14, 2005

Case Details

State / Territory: New York

Case Type(s):

Criminal Justice (Other)

Special Collection(s):

Post-PLRA Jail and Prison Private Settlement Agreements

Key Dates

Filing Date: Feb. 10, 2004

Closing Date: 2007

Case Ongoing: No

Plaintiffs

Plaintiff Description:

New York inmates

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

Legal Services/Legal Aid

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Mooted before ruling

Defendants

New York State Office of Mental Retardation and Developmental Disabilities (New York), State

New York City Police Department (New York), City

New York City Department of Correction (New York), City

Defendant Type(s):

Corrections

Law-enforcement

Case Details

Causes of Action:

42 U.S.C. § 1983

Constitutional Clause(s):

Due Process

Availably Documents:

Trial Court Docket

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Source of Relief:

Settlement

Form of Settlement:

Private Settlement Agreement

Order Duration: 2005 - 2007

Content of Injunction:

Monitoring

Issues

General:

Commitment procedure

Type of Facility:

Government-run