Case: Tomasullo v. LeFevre

6:84-cv-01035 | U.S. District Court for the Northern District of New York

Filed Date: July 27, 1984

Clearinghouse coding in progress

Case Summary

(This summary is temporary, while we research the case.)

According to the ACLU National Prison Project 1995 Status Report about state prisons,

"Prisoners at Clinton Correctional Facility brought a class-action suit in 1983 concerning the delivery of mental~health services. Tomasullo v. LeFevre, No. 84 CV 1035 (N.D.N.Y.). A settlement was reached in early 1992, including improved access to recreation, improved supervision, and the installation of surveillance cameras."

People


Judge(s)

Scanlon, Daniel Jr. (New York)

Attorneys(s) for Plaintiff

Bensing, Robert F. (Georgia)

Faulkner, Joan Simon (New York)

Landau, Joel (New York)

Leven, David C. (New York)

Mann, Alice O. (New Jersey)

Perri, Anthony (New York)

Attorneys(s) for Defendant

Roberts, David B. (New York)

Judge(s)

Scanlon, Daniel Jr. (New York)

Attorneys(s) for Plaintiff

Bensing, Robert F. (Georgia)

Faulkner, Joan Simon (New York)

Landau, Joel (New York)

Leven, David C. (New York)

Mann, Alice O. (New Jersey)

Perri, Anthony (New York)

Attorneys(s) for Defendant

Roberts, David B. (New York)

Documents in the Clearinghouse

Document

Docket [PACER]

Sept. 29, 2011 Docket

Docket

Last updated May 11, 2022, 8 p.m.

ECF Number Description Date Link
1

COMPLAINT filed; FILING FEE $ 120 RECEIPT # 81918 ; (cbm) (Entered: 07/08/1991)

July 27, 1984
6

MOTION by Vincent Tomasulo, James Harrell to Certify Class (cbm) (Entered: 07/08/1991)

Nov. 13, 1984
8

MEMORANDUM and Proposed Order by Eugene S. LeFevre, Thomas A. Coughlin, Robert W. Spence, Ronald Greene, Wayne Crosier, Suzanna Reyes, Stephen Katz in opposition to [6−1] motion to Certify Class (cbm) (Entered: 07/08/1991)

Nov. 23, 1984
24

REPORT AND RECOMMENDATIONS of Magistrate Judge Ralph W. Smith Re: [6−1] motion to Certify Class ; Motion(s) no longer referred (cbm) (Entered: 07/08/1991)

Jan. 18, 1985

CASE REFERRED to Magistrate Judge Ralph W. Smith (cbm) (Entered: 07/08/1991)

Feb. 5, 1985
15

REPORT AND RECOMMENDATIONS of Magistrate Judge Ralph W. Smith Re: [6−1] motion to Certify Class ; Motion(s) no longer referred (cbm) (Entered: 07/08/1991)

March 29, 1985
20

ORDER (Judge Miner) denying [15−1] report and recommendations (); action remanded to Mag. Smith for further examination to redefine the class; determination of pltf's motion for class certification is deferred pending R−R. (cbm) (Entered: 07/08/1991)

Aug. 1, 1985
27

ORDER granting [6−1] motion to Certify Class ( signed by Senior Judge Howard G. Munson ) (cbm) (Entered: 07/08/1991)

Feb. 5, 1986
46

MOTION by Vincent Tomasulo, James Harrell to Compel , (cbm) (Entered: 07/08/1991)

July 1, 1988
52

MEMORANDUM and Proposed Order by Eugene S. LeFevre, Thomas A. Coughlin, Robert W. Spence, Ronald Greene, Wayne Crosier, Suzanna Reyes, Stephen Katz in opposition to [46−1] motion to Compel (cbm) (Entered: 07/08/1991)

July 22, 1988
56

ORDER granting [46−1] motion to Compel ( signed by Magistrate Judge Ralph W. Smith ): w/in 30 days defts' counsel shall make available to pltfs' counsel separate in−patient & out−patient listings of all inmates treated by OMH at Clinton CF since 1/1/84; etc. (cbm) (Entered: 07/08/1991)

Dec. 30, 1988
65

ORDER ( signed by Magistrate Judge Ralph W. Smith ) directing defts to furnish to pltfs the documents requested in pltfs' 1st expedited request for documents. (cbm) (Entered: 07/08/1991)

Aug. 1, 1989
72

MOTION by Vincent Tomasulo, James Harrell to Compel , and for Attorney Fees . (cbm) (Entered: 07/08/1991)

Nov. 16, 1989
78

RESPONSE and Proposed Order by Eugene S. LeFevre, Thomas A. Coughlin, Robert W. Spence, Ronald Greene, Wayne Crosier, Suzanna Reyes, Stephen Katz to [72−1] motion to Compel (cbm) (Entered: 07/08/1991)

Dec. 28, 1989
91

MOTION by Vincent Tomasulo, James Harrell to Compel , (cbm) (Entered: 07/08/1991)

Oct. 5, 1990
96

RESPONSE and Proposed Order by Eugene S. LeFevre, Thomas A. Coughlin, Robert W. Spence, Ronald Greene, Wayne Crosier, Suzanna Reyes, Stephen Katz to [91−1] motion to Compel, [72−1] motion to Compel (cbm) (Entered: 07/08/1991)

Oct. 29, 1990
101

NOTICE by Vincent Tomasulo, James Harrell to take deposition of Wayne Crosier; to be held on 12/13/90 at Clinton CF. (cbm) Modified on 07/08/1991 (Entered: 07/08/1991)

Dec. 3, 1990
102

ORDER, set Pretrial Conference for 10:00 8/21/91 in Syracuse, set Brief deadline on issue of consolidation with 87−CV−141 and 90−CV−1160 to 8/7/91 ( signed by Chief Judge Neal P. McCurn ); reassigning action to Mag. Scanlon and Judge McCurn. (cbm) (Entered: 07/08/1991)

June 28, 1991

CASE NO LONGER REFERRED TO Magistrate Judge Ralph W. Smith (cbm) (Entered: 07/08/1991)

June 28, 1991

CASE reassigned to Chief Judge Neal P. McCurn (cbm) (Entered: 07/08/1991)

June 28, 1991
103

RESPONSE by Vincent Tomasulo, James Harrell in opposition to consolidation w/Perri v. Coughlin, 90−CV−1160. (cbm) (Entered: 08/01/1991)

July 30, 1991
104

Defts' memo of law respecting consolidation of this action with 90−CV−1160 and 87−CV−141. (cbm) (Entered: 08/08/1991)

Aug. 7, 1991
105

ORDER, to Consolidate Cases 90−CV−1160, 87−CV−141, and 84−CV−1035 for trial; set Motion Filing deadline to 9/25/91 , set Discovery deadline to 1/15/92 , set Bench Trial for 1/15/92 ( signed by Magistrate Judge Daniel Scanlon Jr. ) [served] (cbm) (Entered: 09/18/1991)

Sept. 13, 1991

Consolidated Lead Case , member cases 87−CV−141 and 90−CV−1160. (cbm) (Entered: 10/18/1991)

Sept. 13, 1991
106

15th REQUEST for Production of Documents by Vincent Tomasulo, James Harrell (cbm) (Entered: 09/24/1991)

Sept. 20, 1991

Pre−trial conference held (cbm) (Entered: 11/12/1991)

Oct. 16, 1991
107

Letter from pltf Perri to Judge McCurn dd 10/10/91 w/copies of rcts for cert. mail, etc. (cbm) Modified on 10/25/1991 (Entered: 10/25/1991)

Oct. 21, 1991
108

Letter from pltf Perri to Judge McCurn dd 10/14/91 w/copies of rcts for cert. mail, etc. (cbm) (Entered: 10/25/1991)

Oct. 21, 1991
109

Copy of letter from PLS to AAG Roberts dd 10/30/91 listing proposed witnesses for trial. (cbm) (Entered: 11/07/1991)

Nov. 4, 1991
110

ORDER, set Witness List deadline to 11/15/91 , for pltfs to provide witness list to defts; that time for motions has expired; set Discovery deadline to 1/15/92 , set Bench Trial for 2/16/92 ; w/directions to clerk, etc. ( signed by Magistrate Judge Daniel Scanlon Jr. ) (cbm) (Entered: 11/12/1991)

Nov. 6, 1991
111

16th REQUEST for Production of Documents by Vincent Tomasulo, James Harrell (cbm) (Entered: 11/18/1991)

Nov. 12, 1991
112

2nd set of INTERROGATORIES propounded by Vincent Tomasulo, James Harrell to Eugene S. LeFevre, Thomas A. Coughlin, Robert W. Spence, Ronald Greene, Wayne Crosier, Suzanna Reyes, Stephen Katz (cbm) (Entered: 11/18/1991)

Nov. 12, 1991
113

AFFIDAVIT of service Re: pltfs' 4th notice of depositions. (cbm) (Entered: 11/18/1991)

Nov. 12, 1991
114

ORDER, reset Discovery deadline to 4/1/92 , reset Bench Trial for 5/1/92 ( signed by Magistrate Judge Daniel Scanlon Jr. ) (cbm) (Entered: 12/05/1991)

Dec. 3, 1991
115

Letter from AAG Roberts to Judge Scanlon dd 11/29/91 re: extension of discovery deadline, on consent, to 4/1/92, etc. (cbm) (Entered: 12/05/1991)

Dec. 3, 1991
116

Copy of letter from pltf to Judge McCurn dd 2/16/92 re: deposition. (fce) (Entered: 03/04/1992)

Feb. 24, 1992
117

Letter to Judge McCurn from Pltf mailed 4/17/92 re: conditions in prison. (fce) (Entered: 04/22/1992)

April 21, 1992
118

Pltf's letter to Judge McCurn and Magistrate Judge Scanlon dd 7/1/92 re: trial date. (cbm) (Entered: 07/14/1992)

July 9, 1992
119

Letter from pltf Perri to clerk's office dd 7/28/92 w/copy of letter from pltf Perri to Judge McCurn & Magistrate Judge Scanlon dd 8/1/92 attached. (cbm) (Entered: 08/03/1992)

Aug. 3, 1992
120

Letter from pltf Anthony Perri to Judge McCurn and Magistrate Judge Scanlon dd 9/19/92 re: request for fair trial. (cbm) (Entered: 09/24/1992)

Sept. 24, 1992
122

ORDER, that amended stipulation agreed upon by parties,be written by plaintiffs counsel and forwarded to AAG. Stipulation will then be forwarded to Court for signature on or before 8/18/93. ( signed by Magistrate Judge Daniel Scanlon Jr. ) (fce) (Entered: 08/17/1993)

Aug. 13, 1993
123

Return Receipt Received, Service Date: 12/13/93 re: sent to Mr. Anthony Perri (fce) (Entered: 12/22/1993)

Dec. 21, 1993
124

ORDER, for notice of proposed Stipulation of Dismissal be posted and maintained in both Spanish and English versions in various locations in the Mental Health Satellite Unit, and inmates are to be made aware of postings. this order shall remain in effect for two months from the entry hereof. Caption is amended to read as shown in this order to reflect that only Mr. Harrell, out of the named plaintiffs' remains in custody, and to reflect changes in the individuals holdking the offices of the original defendants, of the Stipulation for dismissal ( signed by Magistrate Judge Daniel Scanlon Jr. ) (fce) (Entered: 12/28/1993)

Dec. 28, 1993
125

Copy of STIPULATION of dismissal amending caption, etc. submitted for Magistrates endorsement, signed by PLS Atty. Bensing 5/19/93, and by AAG David B. Roberts 7/8/93 (fce) (Entered: 01/07/1994)

Jan. 7, 1994
126

ORDER, set Final Pretrial Order Deadlines: Bench Trial to commence at 10:00 a.m. on 3/14/94 in Syracuse, NY ; , set filing deadline for Expert Witness List, and trial brief to 2/28/94 , set Pretrial Conference for 10:00 a.m. on 1/19/94 at Watertown, NY . This action is #9 on the trial list. ( signed by Senior Judge Neal P. McCurn on 1/7/94 ) (fce) (Entered: 01/13/1994)

Jan. 7, 1994
127

ORDER signed by Senior Judge Neal P. McCurn Referring Case on Consent to Magistrate Judge Daniel Scanlon Jr. (fce) (Entered: 06/10/1994)

June 10, 1994

CASE REFERRED to Magistrate Judge Daniel Scanlon Jr. (fce) (Entered: 06/10/1994)

June 10, 1994

CASE NO LONGER REFERRED TO Magistrate Judge Daniel Scanlon Jr. (fce) (Entered: 06/10/1994)

June 10, 1994

Consolidated Lead Case (fce) (Entered: 06/10/1994)

June 10, 1994
128

Copy of letter from Anthony Perri, dated 6/17/94, in action 90−CV−1160, that he does not wish to consent to trial by Magistrate. (fce) (Entered: 06/23/1994)

June 22, 1994
129

Stipulation and ORDER for Dismissal ( signed by Magistrate Judge Daniel Scanlon Jr. 7/11/94) [served] (cbm) (Entered: 08/22/1994)

July 15, 1994

Case closed pursuant to Stipulation and Order of Dismissal, signed by Magistrate Judge Scanlon and filed 7/15/94. Member cases 87−CV−141 and 90−CV−1160 remain open; docketing and filing are to be continued in lead case. Deadlines and documents in lead case have not been terminated at closing. Closing of this action simply removes it from pending cases report. (cbm) (Entered: 09/14/1994)

Sept. 14, 1994
130

ORDER for writ of habeas corpus ad testificandum to be issued for Anthony Perri to appear for trial on 5/22/95 in Watertown ( signed by Magistrate Judge Daniel Scanlon Jr. 4/7/95) (cbm) (Entered: 04/18/1995)

April 17, 1995

WRIT of habeas corpus ad testificandum issued and delivered to Marshal. (cbm) (Entered: 04/18/1995)

April 17, 1995
131

ORDER setting 1−2 day Jury Trial for 10:00 on 5/22/95 in Watertown, w/pretrial submissions to be filed 15 days before trial, etc. ( signed by Magistrate Judge Daniel Scanlon Jr. 4/12/95) [served] (cbm) (Entered: 04/18/1995)

April 17, 1995
132

Submission by pltf pro se Anthony Perri in support of application to amend Perri complaint and request for pretrial conference, w/attachments. (cbm) Modified on 05/09/1995 (Entered: 05/09/1995)

May 8, 1995
133

WRIT of habeas corpus ad testificandum returned executed as to Anthony Perri, dd 5/22/95. (cbm) (Entered: 05/31/1995)

May 30, 1995
135

Defts' MEMORANDUM of law in support of a motion to dismiss, and in opposition to pltf's motion to amend complaint. (cbm) (Entered: 06/30/1995)

June 30, 1995
136

MEMORANDUM by PLS on behalf of Anthony Perri in opposition to defts' motion to dismiss. (cbm) (Entered: 07/11/1995)

July 7, 1995
139

Letter from Judge Scanlon's chambers to counsel, dd 7/5/95, re: court will notify them of schedule for oral argument of pending motions. (cbm) (Entered: 07/24/1995)

July 7, 1995
137

Submission by pltf pro se Anthony Perri, w/attached exhibits 1−11. (cbm) (Entered: 07/11/1995)

July 10, 1995
138

Letter to Judge Scanlon from AAG Roberts for defts, dd 7/11/95, in RESPONSE/opposition to pltf's request to amend complaint to assert claims against defts in their individual capacities, when they were previously named in their official capacities only. (cbm) (Entered: 07/14/1995)

July 13, 1995
140

Anthony Perri's 11/23/95 letter to Judge Scanlon re: parole. (cbm) (Entered: 12/22/1995)

Dec. 21, 1995
141

Letter to Judge Scanlon from Kenneth J. Aronson, Esq., dd 2/7/96, on behalf of pltf Anthony Perri, re: delay in Mr. Perri's release on parole. (cbm) (Entered: 02/14/1996)

Feb. 12, 1996
143

Letter to Judge Scanlon from AAG Roberts, dd 2/20/96, re: pltf's release on parole, and requesting that case be dismissed as moot. (cbm) (Entered: 02/26/1996)

Feb. 21, 1996
142

NOTICE of release from prison, dd 2/14/96, by Anthony Perri; advising that future mailings should be sent to him c/o Kenneth J. Aronson, Esq., 130 East 35th Street, New York, New York, 10016 (212−689−1515). (cbm) (Entered: 02/26/1996)

Feb. 26, 1996

Change of address noted for Anthony Perri, to 124−13 25th Road, College Point, Queens, NY 11354. (cbm) (Entered: 09/17/1996)

Sept. 17, 1996
144

Plaintiff's notification of change of address to Southport Corr. Facility (fce) (Entered: 10/07/1996)

Oct. 7, 1996
145

Copy of AAG Roberts' 4/29/97 letter to Judge Scanlon (Perri, 90−CV−1160, member case) re: lack of formal notice of motion to dismiss, although such a motion was fully argued and briefed by both parties in 1995. (cbm) (Entered: 05/07/1997)

May 2, 1997

Sent Order re: pltfs mtn. to amend (dkts 47,48) to clerk in Utica to dkt. and serve. Court file is in Watertown chambers. (fce) (Entered: 05/08/1997)

May 8, 1997
146

LETTER to Mag/Judge Scanlon from Anthony S. Perri dd 5−16−97 acknowledging receipt of the 5−07−97 Decisions and Order and request jury trial (pta) (Entered: 05/23/1997)

May 23, 1997
147

AMENDED COMPLAINT by Anthony Perri , amends complaint filed 10/25/90 in member case 90−CV−1160. (cbm) (Entered: 05/28/1997)

May 27, 1997
148

ANSWER by Thomas A. Coughlin, Richard C. Surles (Attorney David B. Roberts, AAG) to [147−1] amended complaint; jury demand (cbm) (Entered: 06/24/1997)

June 23, 1997

Perri called Watn. chambers to inquire of status of matter. Next step is schedule to get this case on track. (fce) (Entered: 09/17/1997)

Sept. 16, 1997
149

MAG/JUDGE SCANLON Scheduling Notice: for 6:90−cv−1160 (Member case), set Telephone Conference for 10:00 a.m. on 10/15/97 (pta) (Entered: 09/18/1997)

Sept. 18, 1997
150

ORDER setting Discovery deadline to 2/28/98 , Motion Filing deadline to 5/15/98 ; trial ready date is 7/1/98 ( signed by Magistrate Judge Daniel Scanlon Jr. 10/30/97) [served] (cbm) (Entered: 11/12/1997)

Nov. 3, 1997
151

REQUEST by AAG Roberts dtd 5/12/98 and ORDER, reset Motion Filing deadline to 6/22/98, motion will be taken on a submit basis ; Pltf. requests trial w/o jury & Defts. consent to same; set Bench Trial for 8/25/98 in Albany, NY ; trial date is firm; pretrial order will be sent to parties at time of disposition of contemplated motions; if event no motions are made, trial will proceed accordingly. (signed by Senior Judge Neal P. McCurn on 5/18/98) (lmp) (Entered: 05/18/1998)

May 18, 1998
152

Letter from Pltf. Perri requesting trial by judge & as to status of case. (lmp) (Entered: 05/18/1998)

May 18, 1998
153

LETTER ORDER, Response to Motion to be made by AAG shall be filed by 7/6/98 . (signed by Senior Judge Neal P. McCurn on 5/21/98) (lmp) (Entered: 05/21/1998)

May 21, 1998
154

Pltf. Perri's letter to court w/copy of letter to Atty. Landau and exhibits. (lmp) (Entered: 06/08/1998)

June 8, 1998
155

Letter Request from Pltf. Perri requesting that court not grant any further extensions in this action. (lmp) (Entered: 06/29/1998)

June 29, 1998
156

Copies of Letter Orders dtd 5/18/98 & 5/21/98 sent to Joel Landau, Esq., Prisoners' Legal Services, 2 Catherine Street, Poughkeepsie, NY, returned as undeliverable, marked "Undeliverable as Addressed − Unable to Forward." (lmp) (Entered: 07/01/1998)

July 1, 1998
157

LETTER ORDER, set Motion Filing deadline to 7/6/98 ; return date is set for 8/3/98; motion will be taken as a submit w/o oral argument; response papers to be filed & served by 7/20/98. (signed by Senior Judge Neal P. McCurn on 7/1/98) (lmp) (Entered: 07/01/1998)

July 1, 1998
160

MOTION by Richard C. Surles, Thomas A. Coughlin for Summary Judgment w/attached Rule 7.1(f) Statement & Affidavits of Harold E. Smith & Thomas A. Coughlin, III, w/exhibits, Hearing set for 10:00 8/3/98, Response Deadline 7/20/98; Motion returnable before Judge/Mag. Judge: McCurn (lmp) Modified on 07/06/1998 (Entered: 07/06/1998)

July 1, 1998

Motion(s) referred: [160−1] motion for Summary Judgment referred to Senior Judge Neal P. McCurn (lmp) (Entered: 07/06/1998)

July 1, 1998
161

MEMORANDUM by Richard C. Surles, Thomas A. Coughlin in support of [160−1] motion for Summary Judgment (lmp) Modified on 07/06/1998 (Entered: 07/06/1998)

July 1, 1998
158

LETTER ORDER, court by letter dtd 5/21/98 granted extension for Defts. to file motions until 7/6/98; granting [155−1] Pltf. Perri's letter request that no further extensions be granted to Defts. (signed by Senior Judge Neal P. McCurn on 6/30/98) (lmp) (Entered: 07/02/1998)

July 2, 1998
159

PRETRIAL ORDER filed, Bench Trial Deadline 11:00 a.m. on 8/25/98; Trial location: Albany, NY; by 8/3/98 parties to file & serve in DUPLICATE pretrial papers; papers to be filed at SYRACUSE, NY. (Signed by Senior Judge Neal P. McCurn on 7/1/98) (lmp) (Entered: 07/02/1998)

July 2, 1998
162

LETTER ORDER, Motion Hearing set for 8/3/98 re: [160−1] motion for Summary Judgment , Response to Motion reset to 7/20/98 for [160−1] motion for Summary Judgment ; expedited treatment is necessary so that decision on same can be made as much in advance of 8/25/98 trial date as possible. (signed by Senior Judge Neal P. McCurn on 7/2/98) (lmp) Modified on 07/06/1998 (Entered: 07/06/1998)

July 2, 1998
163

REPORT AND RECOMMENDATIONS of Magistrate Judge Daniel Scanlon Jr. Service Date: 7/1/98 RECOMMENDED that Plfs' motion for partial summary judgment [#65] be DENIED & Defts' cross motion for partial summary judgment [#67] be DENIED. (Objection to R and R due by 7/21/98 for James Harrell, for Daniel Senkowski, for Thomas A. Coughlin, for Robert W. Spence, for Wayne Crosier, for Joel A. Dvoskin, for Armando Dieppa, for Ronald Anderson, for Anthony Perri, for Diane Gibson, for Charles Scully, for Robert J. Henderson, for Steven E. Katz); Motion(s) no longer referred (lmp) (Entered: 07/06/1998)

July 6, 1998
164

Copy of 7/1/98 Letter Order of Judge McCurn concerning motion schedule sent to Joel Landau, Esq., Prisoner's Legal Services,2 Catherine Street, Poughkeepsie, NY 12601, returned as undeliverable. (lmp) (Entered: 07/09/1998)

July 9, 1998
165

Copy of 7/2/98 Letter Order of Senior Judge McCurn re motion schedule sent to Joel Landau, Esq., returned as undeliverable. (lmp) (Entered: 07/13/1998)

July 13, 1998

Motion(s) no longer referred: [160−1] motion for Summary Judgment (lmp) (Entered: 07/15/1998)

July 15, 1998

File Transferred to the Federal Records Center. Storage Information on this Closed Case: Accession Number 021−11−1545, Box 2 of 32. (mae) (Entered: 09/29/2011)

Sept. 29, 2011

State / Territory: New York

Case Type(s):

Prison Conditions

Key Dates

Filing Date: July 27, 1984