Case: Corris v. Koenigsmann

9:15-cv-01205 | U.S. District Court for the Northern District of New York

Filed Date: Oct. 7, 2015

Closed Date: 2016

Clearinghouse coding complete

Case Summary

On October 7th, 2015, an inmate with Hepatitis C filed a civil rights action against the New York State Department of Corrections and Community Supervision (DOCCS). The lawsuit was filed pursuant to 42 U.S.C. §1983 in the U.S. District Court for the Northern District of New York. The complaint asserted defendants' deliberate indifference to plaintiff’s serious medical needs violated his 8th and 14th Amendment rights. The plaintiff alleged that the defendants failed to provide appropriate care a…

On October 7th, 2015, an inmate with Hepatitis C filed a civil rights action against the New York State Department of Corrections and Community Supervision (DOCCS). The lawsuit was filed pursuant to 42 U.S.C. §1983 in the U.S. District Court for the Northern District of New York.

The complaint asserted defendants' deliberate indifference to plaintiff’s serious medical needs violated his 8th and 14th Amendment rights. The plaintiff alleged that the defendants failed to provide appropriate care and treatment for plaintiff’s Hepatitis C. This practice had continued despite multiple requests by the plaintiff for medical care and substance evidence showed the plaintiff suffered from a severely damaged liver. Specifically, the plaintiff challenged the DOCCS’ Hepatitis C Primary Care Practice Guidelines. The guidelines, which were heavily relied upon by facilities official in denying the treatment request, explicitly excluded from treatment any prisoner who is not drug or alcohol free for six months. Represented by Prisoners' Legal Services, the plaintiffs sought injunctive and declaratory relief, as well as compensatory and punitive damages.

On October 9th, the plaintiff filed an emergency motion for preliminary injunction. The next day, the court decided to reserve decision on the plaintiff's motion for a preliminary injunction and impose an expedited briefing schedule on that motion. On November 30, 2015, defendants' council confirmed that the plaintiff began his 12-week course of treatment for Hepatitis C on November 25, 2015. Thus, plaintiff requested to withdraw the motion on injunction and the court granted it.

On April 29, 2016, the parties informed the court a settlement had been reached. On May 6, 2016, Chief Judge Suddaby approved the stipulation and ordered that the case be dismissed. In the settlement, DOCCS agreed to pay the sum of $ 19,144.82 to plaintiff and plaintiff's counsel in settlement of all claims. In addition, the current DOCCS HCV Policy will be to amended to strike 6-month-free drug requirement as a per se exclusion for any care or treatment. Evidence of substance abuse will be considered as one factor among all others in evaluating each individual's need and suitability for care and treatment.

Summary Authors

Sihang Zhang (10/2/2016)

People


Judge(s)

Suddaby, Glenn T. (New York)

Attorneys(s) for Plaintiff

Hull, Alissa R. (New York)

Attorneys(s) for Defendant

Boivin, Bruce J (New York)

Judge(s)

Suddaby, Glenn T. (New York)

Attorneys(s) for Plaintiff

Hull, Alissa R. (New York)

Attorneys(s) for Defendant

Boivin, Bruce J (New York)

Documents in the Clearinghouse

Document

9:15-cv-01205

Docket

May 6, 2016

May 6, 2016

Docket
1

9:15-cv-01205

Complaint

Oct. 7, 2015

Oct. 7, 2015

Complaint
38

9:15-cv-01205

Stipulation and Order of Discontinuance Pursuant to Rule 41(a)

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

May 6, 2016

May 6, 2016

Order/Opinion

Resources

Docket

Last updated July 22, 2022, 3:04 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT against Sherry Burke, Brian Connelly, Robert Kasulke, Carl Koenigsmann, Vijay Kumar Mandalaywala, Jon Miller, Amanda Rupert, Michael Seidman filed by Adam Corris. (Attachments: # 1 Civil Cover Sheet, # 2 cover letter, # 3 proposed summons for Seidman, # 4 proposed summons for Burke, # 5 proposed summons for Rupert, # 6 proposed summons for Connelly, # 7 proposed summons for Miller, # 8 proposed summons for Mandalaywala, # 9 proposed summons for Koenigsmann, # 10 proposed summons for Kasulke)(nas) (Entered: 10/08/2015)

Oct. 7, 2015

Oct. 7, 2015

2

MOTION for Leave to Proceed in forma pauperis and INMATE AUTHORIZATION form filed by Adam Corris. (nas, ) Modified on 10/8/2015 (see, ). (Entered: 10/08/2015)

Oct. 7, 2015

Oct. 7, 2015

CLERK'S CORRECTION OF DOCKET ENTRY re 2 Motion for Leave to Proceed in forma pauperis. Added to the docket text of this entry that it also contains the Inmate Authorization Form. (see) (Entered: 10/08/2015)

Oct. 8, 2015

Oct. 8, 2015

3

ORDER: ORDERED that Plaintiff's in forma pauperis application (Dkt. No. 2 ) is GRANTED. The Clerk shall issue summonses for service, along with the complaint and packet containing General Order 25, which sets forth the Civil Case Management Plan used by the Northern District of New York, upon the Defendants by Plaintiff's counsel. Signed by Magistrate Judge Therese Wiley Dancks on 10/13/15. (nas) (Entered: 10/13/2015)

Oct. 13, 2015

Oct. 13, 2015

4

G.O. 25 FILING ORDER ISSUED: Initial Conference set for 1/13/2016 10:00 AM in Syracuse before Magistrate Judge Therese Wiley Dancks. Civil Case Management Plan must be filed and Mandatory Disclosures are to be exchanged by the parties on or before 1/6/2016. (Pursuant to Local Rule 26.2, mandatory disclosures are to be exchanged among the parties but are NOT to be filed with the Court.) (nas, ) (Entered: 10/13/2015)

Oct. 13, 2015

Oct. 13, 2015

5

Summons Issued as to Sherry Burke, Brian Connelly, Robert Kasulke, Carl Koenigsmann, Vijay Kumar Mandalaywala, Jon Miller, Amanda Rupert, Michael Seidman. (Main document: Koenigsmann; Attachments: # 1 Seidman, # 2 Burke, # 3 Rupert, # 4 Connelly, # 5 Miller, # 6 Mandalaywala, # 7 Kasulke)(nas, ) (Entered: 10/13/2015)

Oct. 13, 2015

Oct. 13, 2015

Provided Superintendent of Gouverneur Correctional Facility with notice of the instant action and a copy of the inmate authorization form − copies of same provided to Financial Deputy. (nas, ) (Entered: 10/13/2015)

Oct. 13, 2015

Oct. 13, 2015

7

TEXT ORDER denying # 6 Plaintiff's motion for an Order to Show Cause. While Plaintiff has submitted an affidavit, that affidavit does not clearly and specifically show[] good and sufficient cause why the standard Notice of Motion procedure cannot be used, and demonstrate "good cause and substantial prejudice that would result from the requirement of reasonable [advance] notice" to the other parties. N.D.N.Y. L.R. 7.1(e). Under the circumstances, the Court reserves decision on Plaintiff's motion for a preliminary injunction and imposes the following expedited briefing schedule on that motion. Plaintiff shall promptly serve on Defendants a copy of the Summons and Complaint, Motion for a Preliminary Injunction, and this Text Order pursuant to Rule 4 and thereafter electronically file a Certificate of Service with the Court no later than 10/27/15. A Hearing on Plaintiff's Motion for a Preliminary Injunction is set for 11/20/15 at 9:30 am in Syracuse, NY before Chief Judge Glenn T. Suddaby. Defendants response to Plaintiffs motion for a preliminary injunction is due by 11/6/15. Counsel is directed to file any exhibit list and witness list no later than 11/12/13. Exhibits must be pre−marked (P−1, P−2, etc. for Plaintiff and D−1, D−2, etc. for Defendant) in a binder with a binder for the Judge and a binder for opposing counsel and brought to court on the day of the hearing. Plaintiffs is directed to file a letter request no later than 10/27/15 as to whether a Writ of Habeas Corpus Ad Testificandum is needed to produce Plaintiff Adam Corris for the hearing. Authorized by Chief Judge Glenn T. Suddaby on 10/20/15. (lmw) (Entered: 10/20/2015)

Oct. 20, 2015

Oct. 20, 2015

TEXT NOTICE of Hearing: Evidentiary Hearing set for 11/20/2015 at 9:30 AM in Syracuse before Chief Judge Glenn T. Suddaby. Defendant's Response to # 6 Emergency Motion for Preliminary Injunction due by 11/6/15. Exhibit list and witness list due by 11/12/13. (lmw) (Entered: 10/20/2015)

Oct. 20, 2015

Oct. 20, 2015

8

ORDER AND WRIT of Habeas Corpus ad Testificandum issued by Chief Judge Glenn T. Suddaby directing Gouverneur Correctional Facility to produce Adam Corris for an evidentiary hearing on 11/20/15 at 8:30 am at the U.S. Courthouse in Syracuse, NY. (lmw) (Copy served upon Gouverneur Correctional Facility via email at doccs.sm.gouverneur.irc and regular mail) (Entered: 10/22/2015)

Oct. 22, 2015

Oct. 22, 2015

9

Letter Motion from Alissa R. Hull, Plaintiff's counsel for Adam Corris requesting Amended Summons submitted to Judge Suddaby . (Attachments: # 1 Proposed Summons Defendant Rupert)(Hull, Alissa) (Entered: 10/22/2015)

Oct. 22, 2015

Oct. 22, 2015

10

TEXT ORDER RE 9 : Plaintiff's request for an amended summons to be issued for defendant Amanda Rupert is granted. The Clerk shall issue the amended summons. Authorized by Chief Judge Glenn T. Suddaby on 10/23/15. (nas) (Entered: 10/23/2015)

Oct. 23, 2015

Oct. 23, 2015

11

Summons Reissued as to Amanda Rupert. (nas, ) (Entered: 10/23/2015)

Oct. 23, 2015

Oct. 23, 2015

12

AFFIDAVIT of Service for Sumons, Complaint, General Order 25, Motion for Preliminary Injunction, Memorandum of Law in Support of Plaintiff's Motion for Preliminary Injunction, Affidavit and Exhibits, and Court Text Order dated October 20, 2015 served on Defendants Koenigsmann and Miller on October 23, 2015, filed by Adam Corris. (Attachments: # 1 Affirmation Service on Defendant Miller)(Hull, Alissa) (Entered: 10/27/2015)

Oct. 27, 2015

Oct. 27, 2015

13

AFFIDAVIT of Service for Sumons, Complaint, General Order 25, Motion for Preliminary Injunction, Memorandum of Law in Support of Plaintiff's Motion for Preliminary Injunction, Affidavit and Exhibits, and Court Text Order dated October 20, 2015 served on Defendants Kasulke, Connelly, Mandalaywala, Seidman, Rupert, and Burke on October 27, 2013, filed by Adam Corris. (Attachments: # 1 Affirmation Service on Defendant Burke, # 2 Affirmation Service on Defendant Connelly, # 3 Affirmation Service on Defendant Mandalaywala, # 4 Affirmation Service on Defendant Seidman, # 5 Affirmation Service on Defendant Rupert)(Hull, Alissa) (Entered: 10/27/2015)

Oct. 27, 2015

Oct. 27, 2015

15

Letter Motion from AAG Bruce J. Boivin for Sherry Burke, Brian Connelly, Robert Kasulke, Carl Koenigsmann, Vijay Kumar Mandalaywala, Jon Miller, Amanda Rupert, Michael Seidman requesting that the PI hearing scheduled for November 20, 2015 be adjourned without date submitted to Judge Suddaby . (Boivin, Bruce) (Entered: 11/06/2015)

Nov. 6, 2015

Nov. 6, 2015

16

TEXT ORDER granting # 15 Defendants' Letter Request to adjourn without date the evidentiary hearing scheduled for 11/20/15 and all responses/replies associated with the # 6 motion for preliminary injunction. The Writ of Habeas Corpus to produce Defendant at the hearing will be canceled. Counsel are directed to file a status report by 11/19/15. Authorized by Chief Judge Glenn T. Suddaby on 11/9/15. (lmw) Modified on 12/1/2015 to correct Judge (lmw). (Entered: 11/09/2015)

Nov. 9, 2015

Nov. 9, 2015

17

STATUS REPORT in complaince with the Court's November 9, 2015 text order by Sherry Burke, Brian Connelly, Robert Kasulke, Carl Koenigsmann, Vijay Kumar Mandalaywala, Jon Miller, Amanda Rupert, Michael Seidman. (Boivin, Bruce) (Entered: 11/19/2015)

Nov. 19, 2015

Nov. 19, 2015

18

Letter Motion from AAG Bruce Boivin for Sherry Burke, Brian Connelly, Robert Kasulke, Carl Koenigsmann, Vijay Kumar Mandalaywala, Jon Miller, Amanda Rupert, Michael Seidman requesting an extension of time to respond to the complaint until January 19, 2016 submitted to Judge Dancks . (Boivin, Bruce) (Entered: 11/19/2015)

Nov. 19, 2015

Nov. 19, 2015

19

TEXT ORDER: As requested in dkt. no. 17 , defendants' status report in compliannce with this Court's November 9, 2015 Text Order is due by 11/30/2015. Authorized by Chief Judge Glenn T. Suddaby on 11/19/15. (nas) (Entered: 11/19/2015)

Nov. 19, 2015

Nov. 19, 2015

20

STATUS REPORT by Sherry Burke, Brian Connelly, Robert Kasulke, Carl Koenigsmann, Vijay Kumar Mandalaywala, Jon Miller, Amanda Rupert, Michael Seidman. (Boivin, Bruce) (Entered: 11/30/2015)

Nov. 30, 2015

Nov. 30, 2015

21

TEXT ORDER directing Plaintiff to advise the court by 12/7/15 as to whether he withdraws his # 6 Motion for Preliminary Injunction as referenced in Defendants' # 20 Status Report. If Plaintiff's motion is not withdrawn by 12/7/15, the Court will reinstate response/reply deadlines. SO ORDERED by Chief Judge Glenn T. Suddaby on 12/1/15. (lmw) (Entered: 12/01/2015)

Dec. 1, 2015

Dec. 1, 2015

22

TEXT ORDER granting 18 Letter Request for extension of time for defendants to respond to the complaint. Sherry Burke, Brian Connelly, Robert Kasulke, Carl Koenigsmann, Vijay Kumar Mandalaywala, Jon Miller, Amanda Rupert and Michael Seidman: answer due 1/19/2016. SO ORDERED by Magistrate Judge Therese Wiley Dancks on 12/1/2015. (sg) (Entered: 12/01/2015)

Dec. 1, 2015

Dec. 1, 2015

TEXT NOTICE OF RESCHEDULING OF INITIAL CONFERENCE: The Telephone Initial Conference originally set for 1/13/2016 has been RESCHEDULED for 2/1/2016 at 10:00 AM before Magistrate Judge Therese Wiley Dancks. Plaintiff's counsel is directed to initiate the call as directed in General Order 25 (Dkt. No. 4 ). PLEASE TAKE NOTICE: Civil Case Management Plan must be filed and Mandatory Disclosures are to be exchanged by the parties on or before 1/25/2016. (Pursuant to Local Rule 26.2, mandatory disclosures are to be exchanged among the parties but are NOT to be filed with the Court.) (sg) (Entered: 12/01/2015)

Dec. 1, 2015

Dec. 1, 2015

23

Letter Motion from Alissa R. Hull for Adam Corris requesting to withdraw plaintiff's Motion for Preliminary Injunction (Docket No. 6) submitted to Judge Suddaby . (Hull, Alissa) (Entered: 12/04/2015)

Dec. 4, 2015

Dec. 4, 2015

24

TEXT ORDER granting # 23 Plaintiff's Letter Request to withdraw its # 6 Motion for Preliminary Injunction as the relief sought has been commenced by Defendant. SO ORDERED by Chief Judge Glenn T. Suddaby on 12/7/15. (lmw) (Entered: 12/07/2015)

Dec. 7, 2015

Dec. 7, 2015

25

STIPULATION of Dismissal in Part (discontinuing this action as to all defendanst except defendant Koenigsmann) by Brian Connelly, Robert Kasulke, Carl Koenigsmann, Vijay Kumar Mandalaywala, Jon Miller, Amanda Rupert, Michael

Dec. 21, 2015

Dec. 21, 2015

27

ANSWER to 1 Complaint,, by Carl Koenigsmann.(Boivin, Bruce) (Entered: 01/19/2016)

Jan. 19, 2016

Jan. 19, 2016

28

CERTIFICATE OF SERVICE by Carl Koenigsmann re 27 Answer to Complaint (Boivin, Bruce) (Entered: 01/20/2016)

Jan. 20, 2016

Jan. 20, 2016

29

Letter Motion from AAG Bruce J. Boivin for Carl Koenigsmann requesting an adjournment of the Rule 16 conference submitted to Judge Dancks . (Boivin, Bruce) (Entered: 01/27/2016)

Jan. 27, 2016

Jan. 27, 2016

30

TEXT ORDER : Court has reviewed letter motion (Dkt. No. 29 ) to adjourn Rule 16 Conference and related deadlines due to settlement negotiations. Letter motion granted. Rule 16 conference will be rescheduled, if necessary, at a future date. Defendants to submit a status report regarding settlement negotiations by 2/29/2016. SO ORDERED by Magistrate Judge Therese Wiley Dancks on 1/28/2016. (sg) (Entered: 01/28/2016)

Jan. 28, 2016

Jan. 28, 2016

31

STATUS REPORT/Letter Request by Carl Koenigsmann. (Boivin, Bruce) Modified on 3/1/2016 (sg). (Entered: 02/29/2016)

Feb. 29, 2016

Feb. 29, 2016

32

TEXT ORDER : Court has reviewed letter motion/status report on settlement (Dkt. No. 31 ). Letter motion granted. Defendant to file status report regarding settlement by 3/31/2016. SO ORDERED by Magistrate Judge Therese Wiley Dancks on 3/1/2016. (sg) (Entered: 03/01/2016)

March 1, 2016

March 1, 2016

33

STATUS REPORT/Letter Request regarding settlement by Carl Koenigsmann. (Boivin, Bruce) Modified on 4/1/2016 (sg,). (Entered: 03/31/2016)

March 31, 2016

March 31, 2016

34

TEXT ORDER : Court has reviewed Defendant's 33 Letter motion/status report on settlement. Letter motion for extension granted. Defendant to file status report regarding settlement by 4/29/2016. SO ORDERED by Magistrate Judge Therese Wiley Dancks on 4/1/2016. (sg) (Entered: 04/01/2016)

April 1, 2016

April 1, 2016

35

STATUS REPORT informing the Court that the parties have reached a settlement by Carl Koenigsmann. (Boivin, Bruce) (Entered: 04/29/2016)

April 29, 2016

April 29, 2016

36

TEXT ORDER: The Court having been advised that this case has settled, the parties are directed to file a stipulation of dismissal by 5/31/16. SO ORDERED by Chief Judge Glenn T. Suddaby on 5/3/15. (lmw) (Entered: 05/03/2016)

May 3, 2016

May 3, 2016

37

SETTLEMENT AGREEMENT submitted for the COurt's consideration by Carl Koenigsmann. (Boivin, Bruce) (Entered: 05/06/2016)

May 6, 2016

May 6, 2016

38

ORDER approving # 37 Stipulation and Order of Discontinuance pursuant to Rule 41(a). Signed by Chief Judge Glenn T. Suddaby on 5/6/16. (lmw) (Entered: 05/06/2016)

May 6, 2016

May 6, 2016

Case Details

State / Territory: New York

Case Type(s):

Prison Conditions

Special Collection(s):

Hepatitis C

Key Dates

Filing Date: Oct. 7, 2015

Closing Date: 2016

Case Ongoing: No

Plaintiffs

Plaintiff Description:

A prison inmate sufferering with Hepatitis C

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

Prisoners' Legal Services of New York (PLSNY)

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

State of New York , State

Defendant Type(s):

Corrections

Case Details

Causes of Action:

42 U.S.C. § 1983

Constitutional Clause(s):

Cruel and Unusual Punishment

Availably Documents:

Trial Court Docket

Complaint (any)

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Attorneys fees

Damages

Source of Relief:

Settlement

Form of Settlement:

Voluntary Dismissal

Amount Defendant Pays: 19,144.82

Order Duration: 2015 - 2016

Content of Injunction:

Preliminary relief granted

Issues

General:

Torture

Medical/Mental Health:

Hepatitis

Type of Facility:

Government-run