Case: Parker v. New York

1:15-cv-06733 | U.S. District Court for the Eastern District of New York

Filed Date: Nov. 23, 2015

Case Ongoing

Clearinghouse coding complete

Case Summary

On November 23, 2015, a former pre-trial detainee who had been confined for over 100 days at Rikers Island, a jail run by the New York City Department of Corrections (NYCDOC), filed this class action lawsuit. The case proceeded under 42 U.S.C. § 1983 against the City of New York in U.S. District Court for the Eastern District of New York. The complaint described the NYCDOC’s “Old Time Policy,” under which detainees who had been released prior to serving the entirety of a disciplinary sentence …

On November 23, 2015, a former pre-trial detainee who had been confined for over 100 days at Rikers Island, a jail run by the New York City Department of Corrections (NYCDOC), filed this class action lawsuit. The case proceeded under 42 U.S.C. § 1983 against the City of New York in U.S. District Court for the Eastern District of New York. The complaint described the NYCDOC’s “Old Time Policy,” under which detainees who had been released prior to serving the entirety of a disciplinary sentence in solitary confinement served the remainder of their “old” time upon returning to jail. In some instances, this policy required people to serve time in solitary even if they had only received a disciplinary ticket many years earlier on a prior arrest. The complaint alleged that this policy violates substantive and procedural due process, under the Fourteenth Amendment. The plaintiff sought to bring the case as a class action, and asked for damages and attorneys’ fees. In the complaint, plaintiff defined the proposed class as all persons who have been pretrial detainees in the City’s custody held in punitive segregation to serve Old Time.

On November 12, 2016, a new complaint was filed, naming additional plaintiffs similarly situated. Little more was changed. Settlement negotiations followed.

On August 11, 2017, the parties entered into a Stipulation of Settlement after 18 months of negotiation, encompassing 15 conferences with the magistrate judge (Cheryl L. Pollak). The negotiations involved four main issues: 1) the overall amount of damages for the class; 2) the identification of class members; 3) the determination of compensation for each individual class member; and 4) the notice and claims process.

At the end of the negotiations, parties agreed that each class member would receive $175 per day spent in punitive segregation (PSEG) while a pretrial detainee, as a result of the Old Time Policy. Class members diagnosed with a mental illness or who were under the age of 18 when they served PSEG time would receive $200 per day. The parties identified 470 class members. On average, class members received approximately $10,500 with an overall anticipated total amount paid of $4,963,175. The parties then created a procedure for locating and notifying class members.

Plaintiffs therefore filed an unopposed motion for a class action settlement, conditional certification of the settlement class, and appointment of plaintiff’s counsel as Class Counsel on August 23, 2017. The court, on December 11, 2017, granted the motion, noting the procedural and substantive fairness in memorandum (Magistrate Judge Cheryl L. Pollak). 2017 WL 6375736. A Fairness Hearing was held on September 14, 2018, and the court issued a subsequent order giving final approval of the settlement on December 4, 2018.

As of April 12, 2020, the case remains open for monitoring purposes and parties submit periodic status reports.

Summary Authors

Jake Parker (5/15/2018)

People

For PACER's information on parties and their attrorneys, see: https://www.courtlistener.com/docket/6270516/parties/parker-v-city-of-new-york/


Judge(s)

Pollak, Cheryl L. (New York)

Attorneys(s) for Plaintiff

Hecker, Eric (New York)

Mullkoff, Daniel Erick (New York)

Reinert, Alexander A. (New York)

Attorneys(s) for Defendant

Bowe, Martin John (New York)

Budhu, Ryan (New York)

Judge(s)

Pollak, Cheryl L. (New York)

Attorneys(s) for Plaintiff

Hecker, Eric (New York)

Mullkoff, Daniel Erick (New York)

Reinert, Alexander A. (New York)

Attorneys(s) for Defendant

Bowe, Martin John (New York)

Budhu, Ryan (New York)

Documents in the Clearinghouse

Document

1:15-cv-06733

Docket [PACER]

Parker v. City of New York

May 10, 2018

May 10, 2018

Docket
1

1:15-cv-06733

Complaint

Parker v. City of New York

Nov. 23, 2015

Nov. 23, 2015

Complaint
30

1:15-cv-06733

First Amended Complaint

Parker v. City of New York

Nov. 12, 2016

Nov. 12, 2016

Complaint
56-2

1:15-cv-06733

Exhibit 1

Aug. 23, 2017

Aug. 23, 2017

Other
58

1:15-cv-06733

Memorandum and Order

Parker v. City of New York

2017 WL 6375736

Dec. 11, 2017

Dec. 11, 2017

Order/Opinion

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/6270516/parker-v-city-of-new-york/

Last updated Aug. 14, 2022, 3:04 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT Roy Parker against City of New York filing fee $ 400, receipt number 0207-8192389 Was the Disclosure Statement on Civil Cover Sheet completed -NO,, filed by Roy Parker. (Attachments: # 1 Civil Cover Sheet, # 2 Proposed Summons) (Reinert, Alexander) (Entered: 11/23/2015)

1 Civil Cover Sheet

View on PACER

2 Proposed Summons

View on PACER

Nov. 23, 2015

Nov. 23, 2015

RECAP

Case Assigned/Reassigned

Nov. 23, 2015

Nov. 23, 2015

PACER

Case assigned to Judge Jack B. Weinstein and Magistrate Judge Cheryl L. Pollak. Please download and review the Individual Practices of the assigned Judges, located on our website. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. (Bowens, Priscilla)

Nov. 23, 2015

Nov. 23, 2015

PACER
2

Summons Issued as to City of New York. (Bowens, Priscilla) (Entered: 11/24/2015)

Nov. 23, 2015

Nov. 23, 2015

PACER
3

In accordance with Rule 73 of the Federal Rules of Civil Procedure and Local Rule 73.1, the parties are notified that if all parties consent a United States magistrate judge of this court is available to conduct all proceedings in this civil action including a (jury or nonjury) trial and to order the entry of a final judgment. Attached to the Notice is a blank copy of the consent form that should be filled out, signed and filed electronically only if all parties wish to consent. The form may also be accessed at the following link:http://www.uscourts.gov/uscourts/FormsAndFees/Forms/AO085.pdf. You may withhold your consent without adverse substantive consequences. Do NOT return or file the consent unless all parties have signed the consent. (Bowens, Priscilla) (Entered: 11/24/2015)

Nov. 24, 2015

Nov. 24, 2015

PACER
4

This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made, if any. (Bowens, Priscilla) (Entered: 11/24/2015)

Nov. 24, 2015

Nov. 24, 2015

PACER
5

NOTICE of Appearance by Eric Jason Hecker on behalf of Roy Parker (aty to be noticed) (Hecker, Eric) (Entered: 12/03/2015)

Dec. 3, 2015

Dec. 3, 2015

PACER
6

NOTICE of Appearance by Daniel Erik Mullkoff on behalf of Roy Parker (aty to be noticed) (Mullkoff, Daniel) (Entered: 12/03/2015)

Dec. 3, 2015

Dec. 3, 2015

PACER
7

SUMMONS Returned Executed by Roy Parker. City of New York served on 2/2/2016, answer due 2/23/2016. (Hecker, Eric) (Entered: 02/02/2016)

Feb. 2, 2016

Feb. 2, 2016

PACER
8

COURT ORDER ON CASE FILING re 1 Complaint. Magistrate Judge Pollak is directed to treat this case under Local Rule 72.2 and is respectfully requested to expedite. My case manager is to set a conference before me as soon as possible after appearance. Plaintiff and a knowledgeable person for the defendant shall appear at the conference. Ordered by Judge Jack B. Weinstein on 2/3/2016. (Barrett, C) (Entered: 02/05/2016)

Feb. 5, 2016

Feb. 5, 2016

PACER
9

NOTICE of Appearance by Martin John Bowe on behalf of City of New York (aty to be noticed). (Barrett, C) (Entered: 02/19/2016)

Feb. 19, 2016

Feb. 19, 2016

PACER
10

Letter MOTION for Extension of Time to File Answer re 1 Complaint /Request for Related Case Designation by City of New York. (Attachments: # 1 Copy of Letter Submitted to Judge Stein) (Barrett, C) (Entered: 02/19/2016)

1 Copy of letter submitted to Judge Stein

View on PACER

Feb. 19, 2016

Feb. 19, 2016

PACER
11

RESPONSE in Opposition re 10 Letter MOTION for Extension of Time to File Answer re 1 Complaint, /Request for Judicial Determination That Parker is Related to Bryant, filed by Roy Parker. (Reinert, Alexander) (Entered: 02/19/2016)

Feb. 19, 2016

Feb. 19, 2016

PACER
12

REPLY in Support of Request that Parker be deemed related to Bryant filed by City of New York. (Attachments: # 1 Exhibit) (Bowe, Martin) (Entered: 02/22/2016)

1 Exhibit

View on PACER

Feb. 22, 2016

Feb. 22, 2016

PACER
13

Letter to Judge Stein copied to Judge Weinstein by City of New York (Bowe, Martin) (Entered: 02/22/2016)

Feb. 22, 2016

Feb. 22, 2016

PACER
14

ORDER denying Motion for Transfer to the Southern District and granting 10 Motion for Extension of Time to Answer re 1 Complaint. A 60-day enlargement of defendant's time to answer is granted. Ordered by Judge Jack B. Weinstein on 2/25/2016. (Barrett, C) (Entered: 02/29/2016)

Feb. 29, 2016

Feb. 29, 2016

PACER
15

SCHEDULING ORDER: An Initial Conference set for 5/17/2016 @ 10:30 AM before Magistrate Judge Cheryl L. Pollak. So Ordered by Magistrate Judge Cheryl L. Pollak on 2/29/2016. (Caggiano, Diana) (Entered: 02/29/2016)

Feb. 29, 2016

Feb. 29, 2016

PACER
16

ANSWER to 1 Complaint, by City of New York. (Bowe, Martin) (Entered: 04/21/2016)

April 21, 2016

April 21, 2016

PACER
17

STATUS REPORT Regarding the Parties' Rule 26(f) Conference by Roy Parker (Reinert, Alexander) (Entered: 05/11/2016)

May 11, 2016

May 11, 2016

PACER

Order

May 13, 2016

May 13, 2016

PACER

ELECTRONIC ORDER re 17 Request denied. Conference to proceed on 5/17/16 @ 10:30 AM by telephone. So Ordered by Magistrate Judge Cheryl L. Pollak on 5/13/2016. (Caggiano, Diana)

May 13, 2016

May 13, 2016

PACER
18

MINUTE ENTRY for Initial Conference proceeding held before MJ Pollak on 5/17/2016. Parties to meet and confer on list: 30(b)(6) depositions to be completed in 3 weeks. Demand to be issued in 30 days. Settlement Conference set for 6/29/2016 @ 4:00 PM. (Caggiano, Diana) (Entered: 05/17/2016)

May 17, 2016

May 17, 2016

PACER
19

MOTION to Adjourn Conference by City of New York. (Bowe, Martin) (Entered: 06/27/2016)

June 27, 2016

June 27, 2016

PACER

Order on Motion to Adjourn Conference

June 27, 2016

June 27, 2016

PACER

ELECTRONIC ORDER granting 19 Motion to Adjourn Conference. Settlement Conference adjourned to 7/18/2016 @ 2:00 PM. So Ordered by Magistrate Judge Cheryl L. Pollak on 6/27/2016. (Caggiano, Diana)

June 27, 2016

June 27, 2016

PACER
20

MINUTE ENTRY for Settlement Conference proceeding held before MJ Pollak on 7/18/16. Defendants are Ordered to provide proposed rates by July 25. Parties are to confer on (1) notice; (2) fees; (3) remainder/reversion options. Settlement conference set for September 1, 2016 at 9:00 a.m. (Chandran, Ashok) (Entered: 07/18/2016)

July 18, 2016

July 18, 2016

PACER
21

Letter requesting one-week extension to present counter offer by City of New York (Bowe, Martin) (Entered: 07/21/2016)

July 21, 2016

July 21, 2016

PACER
22

Letter Regarding Defendant's Request for One-Week Extension to Present Counter-Offer by Roy Parker (Reinert, Alexander) (Entered: 07/21/2016)

July 21, 2016

July 21, 2016

PACER
23

NOTICE of Appearance by Ryan Budhu on behalf of City of New York (aty to be noticed) (Budhu, Ryan) (Entered: 07/22/2016)

July 22, 2016

July 22, 2016

PACER
24

ENDORSED LETTER ORDER re 21 Request granted. So Ordered by Magistrate Judge Cheryl L. Pollak on 7/25/2016. (Caggiano, Diana) (Entered: 07/25/2016)

July 25, 2016

July 25, 2016

PACER
25

Letter by City of New York (Attachments: # 1 Proposed Order Unsealing) (Bowe, Martin) (Entered: 08/01/2016)

1 Proposed Order Unsealing

View on PACER

Aug. 1, 2016

Aug. 1, 2016

PACER
26

Letter Regarding Defendant's August 1, 2016 Letter by Roy Parker (Reinert, Alexander) (Entered: 08/02/2016)

Aug. 2, 2016

Aug. 2, 2016

PACER
27

Letter by City of New York (Bowe, Martin) (Entered: 08/02/2016)

Aug. 2, 2016

Aug. 2, 2016

PACER
28

UNSEALING ORDER re 25 - 27 : IT IS ORDERED that the New York City Department of Corrections is directed to unseal and provide to defendants counsel any Inmate New History Inquiry (QHIN) screen entry reading No Public Record so that docket, indictment and conviction/sentencing information becomes visible; and to release the dates of birth for the putative class members; and IT IS FURTHER ORDERED that the N.Y.C. Health + Hospitals is directed to release to defendants counsel information indicating which putative class members in this case had a mental health designation (M designation), and whether any such inmates were housed in the Mental Health Assignment Unit for Infracted Inmates during the relevant period. To the extent defendant is requesting a stay of either the settlement process or the case, the request for a stay is denied. If the defendants are unable to provide a response to plaintiffs' suggested per diem rate in accordance with the schedule previously set by the Court, the Court grants them an extension of time. However, both sides are ORDERED to be fully prepared to discuss the terms of a settlement during the 9/1/16 settlement conference. So Ordered by Magistrate Judge Cheryl L. Pollak on 8/18/2016. (Rao, Sony) (Entered: 08/18/2016)

Aug. 18, 2016

Aug. 18, 2016

PACER
29

MINUTE ENTRY for Settlement Conference proceeding held before MJ Pollak on 9/1/2016. Settlement discussions prove unlikely to success at this time. Mandatory disclosures due 9/16/16. Parties to exchange document requests and interrogatories by 9/30/16 - responses 10/31/16. Plaintiff to provide draft proposed Amended Complaint; if defendant believe a motion is necessary, parties are to agree on a briefing schedule. Settlement Conference set for 11/15/2016 @ 11:30 AM. (Caggiano, Diana) (Entered: 09/01/2016)

Sept. 1, 2016

Sept. 1, 2016

PACER
30

AMENDED COMPLAINT (filed on consent) against City of New York, filed by Roy Parker, Christopher Chandler, Cesar Rivera, Chauncey Miranda, Rajab Asep, Allana Dixon, Jamal Coleman. (Attachments: # 1 Letter) (Reinert, Alexander) Modified on 11/17/2016 (Barrett, C). (Entered: 11/12/2016)

1 Letter

View on PACER

Nov. 12, 2016

Nov. 12, 2016

PACER
31

MINUTE ENTRY for Settlement Conference proceeding held before MJ Pollak on 11/15/2016. Settlement discussions continue. Settlement Conference set for 12/2/2016 @ 3:30 PM. (Caggiano, Diana) (Entered: 11/15/2016)

Nov. 15, 2016

Nov. 15, 2016

PACER
32

Minute Entry for Settlement Conference proceeding held before Magistrate Judge Cheryl L. Pollak on 12/2/2016. Settlement discussions continue. The next settlement conference is scheduled for 12/5/2016 at 2:00 P.M. (Rao, Sony) (Entered: 12/02/2016)

Dec. 2, 2016

Dec. 2, 2016

PACER
33

MINUTE ENTRY for Settlement Conference proceeding held before MJ Pollak on 12/5/2016. Defendant to submit status letter by 12/9/16. If no settlement, answer due 12/13/16; plaintiff to file class certification motion by 12/23/16; defendant's response due 1/13/17; reply 1/27/17. (Caggiano, Diana) (Entered: 12/05/2016)

Dec. 5, 2016

Dec. 5, 2016

PACER
34

MINUTE ENTRY for Telephone Conference proceeding before MJ Pollak on 12/12/16. Parties to meet and confer by 12/23. Settlement conference set for January 6, 2017 at 4:00 p.m. (Singer, Jacob) (Entered: 12/12/2016)

Dec. 12, 2016

Dec. 12, 2016

PACER

Order

Dec. 27, 2016

Dec. 27, 2016

PACER

ELECTRONIC ORDER: In an ex-parte letter submitted to the Court on December 23, 2016, plaintiffs asked this Court to order someone from the Comptroller's office with settlement authority to be present during the settlement conference scheduled for 1/6/2017. Defendants are directed to respond to this request with objections, if any, by 12/30/2016. So Ordered by Magistrate Judge Cheryl L. Pollak on 12/27/2016. (Rao, Sony)

Dec. 27, 2016

Dec. 27, 2016

PACER
35

MOTION to Adjourn Conference from Jan. 6th to Jan 4th at 3:30 PM by City of New York. (Bowe, Martin) (Entered: 12/30/2016)

Dec. 30, 2016

Dec. 30, 2016

PACER

Order on Motion to Adjourn Conference

Dec. 30, 2016

Dec. 30, 2016

PACER

ELECTRONIC ORDER granting 35 : The settlement conference previously set for 1/6/17 has been rescheduled to January 4, 2017 at 3:30 p.m. So Ordered by Magistrate Judge Cheryl L. Pollak on 12/30/2016. (Rao, Sony)

Dec. 30, 2016

Dec. 30, 2016

PACER
36

MINUTE ENTRY for Settlement Conference proceeding held before MJ Pollak on 1/4/2017. Settlement discussions continue. Settlement Conference set for 1/19/2017 @ 4:30 PM. (Caggiano, Diana) (Entered: 01/05/2017)

Jan. 5, 2017

Jan. 5, 2017

PACER
37

MINUTE ENTRY for Settlement Conference proceeding before MJ Pollak on 1/19/17. Plaintiffs to draft settlement agreement and notice by 2/3. Defendant to respond by 2/17. Parties to confer on issues by 2/24. Status Conference set for March 1, 2017 at 3:00 p.m. (Singer, Jacob) (Entered: 01/19/2017)

Jan. 19, 2017

Jan. 19, 2017

PACER
38

MINUTE ENTRY for Status Conference proceeding held before MJ Pollak on 3/1/2017. Plaintiff to provide response to draft by 3/2/17. Defendant to respond by 3/9/17. Settlement Conference set for 3/24/2017 @ 2:30 PM. (Caggiano, Diana) (Entered: 03/01/2017)

March 1, 2017

March 1, 2017

PACER
39

MOTION to Adjourn Conference by City of New York. (Bowe, Martin) (Entered: 03/21/2017)

March 21, 2017

March 21, 2017

PACER

Order on Motion to Adjourn Conference

March 22, 2017

March 22, 2017

PACER

ELECTRONIC ORDER granting 39 ; The settlement conference previously set for 3/24/17 has been adjourned to 3/29/2017 at 9:30 AM. So Ordered by Magistrate Judge Cheryl L. Pollak on 3/22/2017. (Rao, Sony)

March 22, 2017

March 22, 2017

PACER
40

MINUTE ENTRY for a Settlement Conference proceeding held before MJ Pollak on 3/29/2017. Settlement discussions continue. Settlement Conference set for 4/21/2017 @ 9:00 AM. (Caggiano, Diana) (Entered: 03/29/2017)

March 29, 2017

March 29, 2017

PACER
41

MOTION to Adjourn Conference by City of New York. (Bowe, Martin) (Entered: 04/20/2017)

April 20, 2017

April 20, 2017

PACER

Order on Motion to Adjourn Conference

April 20, 2017

April 20, 2017

PACER

ELECTRONIC ORDER granting 41 : The settlement conference previously set for 4/21/2017 is hereby adjourned to May 1, 2017 at 3 p.m. So Ordered by Magistrate Judge Cheryl L. Pollak on 4/20/2017. (Rao, Sony)

April 20, 2017

April 20, 2017

PACER
42

MINUTE ENTRY for Settlement Conference proceedings before MJ Pollak on 5/1/17. Settlement discussions continue. Settlement Conference set for May 11, 2017 at 9:30 a.m. (Singer, Jacob) (Entered: 05/01/2017)

May 1, 2017

May 1, 2017

PACER
43

MINUTE ENTRY for Settlement Conference proceeding held before MJ Pollak on 5/11/2017. Settlement discussions continue. Status Report due by 5/22/2017. (Caggiano, Diana) (Entered: 05/11/2017)

May 11, 2017

May 11, 2017

PACER
44

ORDER, the New York City Department of Correction is directed to unseal any known social security numbers and last known addresses for the identified putative settlement class members and to provide that information to counsel for the City. So Ordered by Magistrate Judge Cheryl L. Pollak on 5/11/2017. (Lee, Tiffeny) (Entered: 05/12/2017)

May 12, 2017

May 12, 2017

PACER
45

Joint MOTION to Adjourn Conference and to Provide Status Report on Settlement Discussions by Rajab Asep, Christopher Chandler, Jamal Coleman, Allana Dixon, Chauncey Miranda, Roy Parker, Cesar Rivera. (Reinert, Alexander) (Entered: 05/23/2017)

May 23, 2017

May 23, 2017

PACER

Order on Motion to Adjourn Conference

May 23, 2017

May 23, 2017

PACER

ELECTRONIC ORDER granting 45 Settlement Conference is set for 5/31/2017 @ 11:30 AM before Magistrate Judge Cheryl L. Pollak. So Ordered by Magistrate Judge Cheryl L. Pollak on 5/23/2017. (Caggiano, Diana)

May 23, 2017

May 23, 2017

PACER
46

MINUTE ENTRY for Settlement Conference proceeding held before MJ Pollak on 5/31/2017. Parties drafting settlement papers. Status Conference set for 6/21/2017 @ 9:30 AM. (Caggiano, Diana) (Entered: 05/31/2017)

May 31, 2017

May 31, 2017

PACER
47

Letter Regarding Referral to Magistrate Judge by Rajab Asep, Christopher Chandler, Jamal Coleman, Allana Dixon, Chauncey Miranda, Roy Parker, Cesar Rivera (Reinert, Alexander) (Entered: 06/12/2017)

June 12, 2017

June 12, 2017

PACER
48

MOTION to Adjourn Conference by City of New York. (Bowe, Martin) (Entered: 06/19/2017)

June 19, 2017

June 19, 2017

PACER

Order on Motion to Adjourn Conference

June 20, 2017

June 20, 2017

PACER

ELECTRONIC ORDER granting 48 : The status conference previously set for 6/21/2017 is hereby rescheduled to 6/29/2017 at 9:30 a.m. So Ordered by Magistrate Judge Cheryl L. Pollak on 6/20/2017. (Rao, Sony)

June 20, 2017

June 20, 2017

PACER
49

MINUTE ENTRY for Status Conference proceeding held before MJ Pollak on 6/29/2017. Parties are to work out remaining issues and submit memo to Court. (Rao, Sony) (Entered: 06/29/2017)

June 29, 2017

June 29, 2017

PACER
50

MOTION to Unseal Document, MOTION for Protective Order by Rajab Asep, Christopher Chandler, Jamal Coleman, Allana Dixon, Chauncey Miranda, Roy Parker, Cesar Rivera. (Attachments: # 1 Proposed Order, # 2 Exhibit) (Reinert, Alexander) (Entered: 07/06/2017)

1 Proposed Order

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2 Exhibit

View on PACER

July 6, 2017

July 6, 2017

PACER
51

ORDER granting 50 Motion to Unseal Document; granting 50 Motion for Protective Order. So Ordered by Magistrate Judge Cheryl L. Pollak on 7/6/2017. (Caggiano, Diana) (Entered: 07/06/2017)

July 6, 2017

July 6, 2017

PACER
52

CONSENT to Jurisdiction by US Magistrate Judge by Rajab Asep, Christopher Chandler, Jamal Coleman, Allana Dixon, Chauncey Miranda, Roy Parker, Cesar Rivera. (Reinert, Alexander) (Entered: 08/15/2017)

Aug. 15, 2017

Aug. 15, 2017

PACER
53

Consent MOTION for Leave to Electronically File Document under Seal by Rajab Asep, Christopher Chandler, Jamal Coleman, Allana Dixon, Chauncey Miranda, Roy Parker, Cesar Rivera. (Reinert, Alexander) (Entered: 08/15/2017)

Aug. 15, 2017

Aug. 15, 2017

PACER

Case No Longer Referred

Aug. 17, 2017

Aug. 17, 2017

PACER

Case no longer referred to Magistrate Judge Cheryl L. Pollak. (Barrett, C)

Aug. 17, 2017

Aug. 17, 2017

PACER
54

CONSENT to Jurisdiction by US Magistrate Judge. Case reassigned to Magistrate Judge Cheryl L. Pollak for all further proceedings. Judge Jack B. Weinstein no longer assigned to case. Please download and review the Individual Practices of the assigned Judge, located on our website. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. (Barrett, C) (Entered: 08/23/2017)

Aug. 17, 2017

Aug. 17, 2017

PACER

Order on Motion for Leave to Electronically File Document under Seal

Aug. 23, 2017

Aug. 23, 2017

PACER

ELECTRONIC ORDER granting 53 Motion for Leave to Electronically File Document under Seal. Counsel is directed to file the original document under seal as a separate entry. Instructions on filing sealed documents on ECF are located at www.nyed.uscourts.gov. The parties' letter dated August 15, 2017, 53, was itself filed under seal, but appears not to contain sensitive or prejudicial information. The parties are directed to advise the Court of their position on whether 53 should remain under seal. So Ordered by Magistrate Judge Cheryl L. Pollak on 8/23/2017. (Blase, Brendan)

Aug. 23, 2017

Aug. 23, 2017

PACER
55

Consent MOTION for Leave to Electronically File Document under Seal by Rajab Asep, Christopher Chandler, Jamal Coleman, Allana Dixon, Chauncey Miranda, Roy Parker, Cesar Rivera. (Attachments: # 1 Exhibit B to stipulation of settlement) (Reinert, Alexander) (Entered: 08/23/2017)

Aug. 23, 2017

Aug. 23, 2017

PACER
56

MOTION to Certify Class Conditionally for Settlement, Preliminary Approval of Class Action Settlement, Appointment of Plaintiffs' Counsel as Class Counsel, and Appointment of Settlement Administrator by Rajab Asep, Christopher Chandler, Jamal Coleman, Allana Dixon, Chauncey Miranda, Roy Parker, Cesar Rivera. (Attachments: # 1 Declaration, # 2 Exhibit 1 to Declaration of Alexander A. Reinert (Stipulation), # 3 Memorandum in Support) (Reinert, Alexander) (Entered: 08/23/2017)

1 Declaration

View on PACER

2 Exhibit 1 to Declaration of Alexander A. Reinert (Stipulation)

View on PACER

3 Memorandum in Support

View on PACER

Aug. 23, 2017

Aug. 23, 2017

PACER

Order on Motion for Leave to Electronically File Document under Seal

Aug. 29, 2017

Aug. 29, 2017

PACER

ORDER granting 55 Motion for Leave to Electronically File Document under Seal. So Ordered by Magistrate Judge Cheryl L. Pollak on 8/29/2017. (Blase, Brendan)

Aug. 29, 2017

Aug. 29, 2017

PACER

Order

Aug. 29, 2017

Aug. 29, 2017

PACER

ELECTRONIC ORDER re 53 : In light of the parties' letter dated August 23, 2017, the Court orders that 53 be unsealed. So Ordered by Magistrate Judge Cheryl L. Pollak on 8/29/2017. (Blase, Brendan)

Aug. 29, 2017

Aug. 29, 2017

PACER
57

Letter Advising Court of Recent Decision by United States Court of Appeals for the Second Circuit by Rajab Asep, Christopher Chandler, Jamal Coleman, Allana Dixon, Chauncey Miranda, Roy Parker, Cesar Rivera (Reinert, Alexander) (Entered: 12/06/2017)

Dec. 6, 2017

Dec. 6, 2017

PACER
58

MEMORANDUM AND ORDER granting 56 Motion to Conditionally Certify Class for Settlement. As explained in the attached Memorandum and Order, the Court grants plaintiffs' motions for preliminary approval of the class settlement, for conditional class certification, and for the appointment of plaintiffs' counsel as Class Counsel. The parties are ORDERED to submit proposed dates for the fairness hearing to the Court as soon as possible, so the Court may select a date to be included on the notice to class members. The parties shall make a copy of the attached Memorandum and Order available on the class website described in the Stipulation. So Ordered by Magistrate Judge Cheryl L. Pollak on 12/11/2017. (Blase, Brendan) (Entered: 12/11/2017)

Dec. 11, 2017

Dec. 11, 2017

RECAP
59

Letter Proposing Date for Fairness Hearing by Rajab Asep, Christopher Chandler, Jamal Coleman, Allana Dixon, Chauncey Miranda, Roy Parker, Cesar Rivera (Reinert, Alexander) (Entered: 12/15/2017)

Dec. 15, 2017

Dec. 15, 2017

PACER

Notice of Hearing

Dec. 18, 2017

Dec. 18, 2017

PACER

ELECTRONIC NOTICE OF HEARING: The Court adopts the date proposed by the parties in 59 their letter. Fairness Hearing set for 9/10/2018 at 10:00 AM in Courtroom 13B South before Magistrate Judge Cheryl L. Pollak. (Blase, Brendan)

Dec. 18, 2017

Dec. 18, 2017

PACER

Scheduling Order

Dec. 18, 2017

Dec. 18, 2017

PACER

ELECTRONIC SCHEDULING ORDER: The parties shall file a Status Report by 2/12/2018. So Ordered by Magistrate Judge Cheryl L. Pollak on 12/18/2017. (Blase, Brendan)

Dec. 18, 2017

Dec. 18, 2017

PACER
60

MOTION to Unseal Document Last Known Addresses at NYC Department of Probation by City of New York. (Attachments: # 1 Proposed Order Unsealing) (Bowe, Martin) (Entered: 01/06/2018)

1 Proposed Order Unsealing

View on PACER

Jan. 6, 2018

Jan. 6, 2018

PACER
61

ORDER granting 60 Motion to Unseal Document. So Ordered by Magistrate Judge Cheryl L. Pollak on 1/8/2018. (Caggiano, Diana) (Entered: 01/08/2018)

Jan. 8, 2018

Jan. 8, 2018

PACER
62

STATUS REPORT by Rajab Asep, Christopher Chandler, Jamal Coleman, Allana Dixon, Chauncey Miranda, Roy Parker, Cesar Rivera (Reinert, Alexander) (Entered: 02/12/2018)

Feb. 12, 2018

Feb. 12, 2018

PACER
63

ENDORSED STATUS REPORT ORDER re 62 . The parties are directed to submit another Status Report by 3/30/2018. So Ordered by Magistrate Judge Cheryl L. Pollak on 2/12/2018. (Blase, Brendan) (Entered: 02/12/2018)

Feb. 12, 2018

Feb. 12, 2018

PACER
64

Objection to Class Action Settlement filed by Ryan Jhagroo. (Barrett, C) (Entered: 03/20/2018)

March 19, 2018

March 19, 2018

PACER
65

NOTICE of "Facts to Objection," filed by Ryan Jhagroo. (Galeano, Sonia) (Entered: 03/23/2018)

March 19, 2018

March 19, 2018

PACER
66

Objection to Class Action Settlement filed by Allen Proctor. (Lee, Tiffeny) (Entered: 03/26/2018)

March 26, 2018

March 26, 2018

RECAP
67

STATUS REPORT by Rajab Asep, Christopher Chandler, Jamal Coleman, Allana Dixon, Chauncey Miranda, Roy Parker, Cesar Rivera (Reinert, Alexander) (Entered: 03/29/2018)

March 29, 2018

March 29, 2018

PACER
68

Letter/Objection to Class Settlement from Shamel Rodriguez. Received in Chambers of Magistrate Judge Cheryl L. Pollak on 5/4/2018. (Blase, Brendan) (Entered: 05/04/2018)

May 4, 2018

May 4, 2018

PACER
69

Letter dated 5/2/18 from Craig Degale to USMJ Pollak, seeking to inquire whether Mr. Degale is a "member of this suite in order to rectify all matters and be granted his funds." Mr. Degale informs the Court that his release date is 8/2/18 and does not have a place of residency. Mr. Degale also states that upon his release he will inform the Court of a shelter address, where the monies may be sent. Mr. Degale further states that he "mailed the W-9 form four days before the deadline." (Galeano, Sonia) (Entered: 05/14/2018)

May 10, 2018

May 10, 2018

PACER
70

Letter dated 5/10/18 from Craig Degale to USMJ Pollak, re: request for in camera proceeding and injunction. (Galeano, Sonia) (Entered: 05/16/2018)

May 14, 2018

May 14, 2018

PACER

Case Details

State / Territory: New York

Case Type(s):

Jail Conditions

Special Collection(s):

Solitary confinement

Multi-LexSum (in sample)

Key Dates

Filing Date: Nov. 23, 2015

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

All persons who have been pretrial detainees in the City’s custody held in Punitive Segregation to serve Old Time, in violation of the Fourteenth Amendment’s substantive and procedural due process protections

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

New York City (New York), City

Defendant Type(s):

Corrections

Case Details

Causes of Action:

42 U.S.C. § 1983

Constitutional Clause(s):

Due Process

Availably Documents:

Trial Court Docket

Complaint (any)

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Damages

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Amount Defendant Pays: $4,963,175

Issues

General:

Administrative segregation

Disciplinary procedures

Disciplinary segregation

Solitary confinement/Supermax (conditions or process)

Type of Facility:

Government-run