Case: Allen v. New York State Department of Corrections and Community Supervision

1:19-cv-08173 | U.S. District Court for the Southern District of New York

Filed Date: Sept. 2, 2019

Case Ongoing

Clearinghouse coding complete

Case Summary

On September 2, 2019, 18 prisoners filed this lawsuit in the U.S. District Court for the Southern District of New York. The plaintiffs sued the New York Department of Corrections and a group of its doctors under 42 U.S.C § 1983 for violations of the Eighth Amendment. Represented by private counsel, the plaintiffs sought damages, attorneys' fees, and an injunction against the defendants' practices and conditions for which this suit was brought. The plaintiffs also requested certification of a cl…

On September 2, 2019, 18 prisoners filed this lawsuit in the U.S. District Court for the Southern District of New York. The plaintiffs sued the New York Department of Corrections and a group of its doctors under 42 U.S.C § 1983 for violations of the Eighth Amendment. Represented by private counsel, the plaintiffs sought damages, attorneys' fees, and an injunction against the defendants' practices and conditions for which this suit was brought. The plaintiffs also requested certification of a class of all present and future patients who require medications with abuse potential. The case was eventually assigned to Judge Loretta Preska.

In 2017, the New York Department of Corrections instituted the Medications With Abuse Potential (“MWAP”) Policy in response to the opioid epidemic, which intended to reduce the amount of pain medications in the New York prison system. After medical providers prescribed pain medications, the policy required an additional approval from either a Regional Medical Director or the Chief Medical Officer before giving the pain medication to prisoners.

The plaintiffs claimed that the policy prevented prisoners from receiving pain medications needed for legitimate medical purposes. They alleged that the administrators that provided the extra approval invariably denied the pain medications. As a result, patients with medical issues including severe spinal and neurological issues, phantom pain from amputations, and multiple sclerosis, were denied pain medication.

On September 11, this case was related to another case involving a prisoner denied pain medication, captioned Medina v. Buther (7:15-cv-01955-LAP).

This case is ongoing.

Summary Authors

Justin Hill (9/28/2019)

People

For PACER's information on parties and their attrorneys, see: https://www.courtlistener.com/docket/16144937/parties/allen-v-new-york-state-department-of-corrections-and-community-supervision/


Judge(s)

Preska, Loretta A. (New York)

Attorneys(s) for Plaintiff

Agnew, Amy Jane (New York)

Judge(s)

Preska, Loretta A. (New York)

Attorneys(s) for Plaintiff

Agnew, Amy Jane (New York)

Documents in the Clearinghouse

Document

1:19-cv-08173

Docket

Allen v. New York Corrections

March 22, 2021

March 22, 2021

Docket
1

1:19-cv-08173

Class Action Complaint

Allen et al v. New York Corrections

Sept. 2, 2019

Sept. 2, 2019

Complaint

Docket

See docket on RECAP: https://www.courtlistener.com/docket/16144937/allen-v-new-york-state-department-of-corrections-and-community-supervision/

Last updated Sept. 1, 2022, 3:04 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT against Albert Acrish, NP, Ann Andola, MD, Mary Ashong, NP, Paula Bozer, MD, Peter Braselman, MD, David S. Dinello, MD, John Doe #1, MD, John Doe #2, MD, Jane or John Doe, MD #3 - # 50, Jane or John Doe, NP or PA #1 - #50, Mikhail Gusman, MD, John Hammer, MD, David Karandy, MD, Carl Koenigsmann, MD, Chun Lee, MD, Kathleen Mantaro, MD, Jon Miller, MD, John Morley, MD, Susan Mueller, MD, New York State Department of Corrections and Community Supervision, Kristin Salotti, NP. (Filing Fee $ 400.00, Receipt Number ANYSDC-17528300)Document filed by John Gradia, Michael Vattiato, Brian Bernard, Peter Allen, Derrick Williams, Wayne Stewart, Rashid Rahman, Hugh Knight, Terry Mathis, Sean Pritchett, Eddie Fields, Mark Daniels, Spencer Jackson, Harold Ortiz, Felipe Rivera-Cruz, Angel Hernandez, Shannon Dickinson, Aaron Dockery.(Agnew, Amy) (Entered: 09/02/2019)

Sept. 2, 2019

Sept. 2, 2019

RECAP
2

CIVIL COVER SHEET filed. (Agnew, Amy) (Entered: 09/02/2019)

Sept. 2, 2019

Sept. 2, 2019

PACER
3

FILING ERROR - DEFICIENT - WRONG EVENT TYPE SELECTED FROM MENU - RELATED CASE AFFIRMATION of Amy Jane Agnew re: that this action be filed as related to 15-cv-1955. Document filed by Peter Allen, Brian Bernard, Mark Daniels, Shannon Dickinson, Aaron Dockery, Eddie Fields, John Gradia, Angel Hernandez, Spencer Jackson, Hugh Knight, Terry Mathis, Harold Ortiz, Sean Pritchett, Rashid Rahman, Felipe Rivera-Cruz, Wayne Stewart, Michael Vattiato, Derrick Williams.(Agnew, Amy) Modified on 9/3/2019 (vf). (Entered: 09/02/2019)

Sept. 2, 2019

Sept. 2, 2019

PACER

Notice to Attorney Regarding Party Modification

Sept. 3, 2019

Sept. 3, 2019

PACER

***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Amy Jane Agnew. The party information for the following party/parties has been modified: John Gradia, Michael Vattiato, Brian Bernard, Peter Allen, Derrick Williams, Wayne Stewart, Rashid Rahman, Hugh Knight, Terry Mathis, Sean Pritchett, Eddie Fields, Mark Daniels, Spencer Jackson, Harold Ortiz, Felipe Rivera-Cruz, Angel Hernandez, Shannon Dickinson, Aaron Dockery. The information for the party/parties has been modified for the following reason/reasons: party text was omitted. (vf)

Sept. 3, 2019

Sept. 3, 2019

PACER

Notice to Attorney Regarding Case Opening Statistical Error Correction

Sept. 3, 2019

Sept. 3, 2019

PACER

***NOTICE TO ATTORNEY REGARDING CIVIL. CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Amy Jane Agnew. The following case opening statistical information was erroneously selected/entered: Office code Foley Square. The following correction(s) have been made to your case entry: the Office code has been modified to White Plains. (vf)

Sept. 3, 2019

Sept. 3, 2019

PACER

Notice to Attorney Regarding Deficient Related Case Statement

Sept. 3, 2019

Sept. 3, 2019

PACER

***NOTICE TO ATTORNEY REGARDING DEFICIENT RELATED CASE STATEMENT. Notice to attorney Amy Jane Agnew to RE-FILE Document No. 3 Statement of Relatedness. The filing is deficient for the following reason(s): the wrong event type was used to file the related case statement. Re-file the document using the event type Statement of Relatedness found under the event list Other Documents - select the correct filer - enter the related case number when prompted - and attach the correct PDF. (vf)

Sept. 3, 2019

Sept. 3, 2019

PACER

Case Opening Initial Assignment Notice

Sept. 3, 2019

Sept. 3, 2019

PACER

CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Unassigned. (vf)

Sept. 3, 2019

Sept. 3, 2019

PACER

Case Designated ECF

Sept. 3, 2019

Sept. 3, 2019

PACER

Case Designated ECF. (vf)

Sept. 3, 2019

Sept. 3, 2019

PACER

Case Referred as Possibly Related/Similar

Sept. 3, 2019

Sept. 3, 2019

PACER

CASE REFERRED TO Judge Loretta A. Preska as possibly related to 15-cv-1955. (vf)

Sept. 3, 2019

Sept. 3, 2019

PACER
4

STATEMENT OF RELATEDNESS re: that this action be filed as related to 15-cv-1955. Document filed by Peter Allen, Brian Bernard, Mark Daniels, Shannon Dickinson, Aaron Dockery, Eddie Fields, John Gradia, Angel Hernandez, Spencer Jackson, Hugh Knight, Terry Mathis, Harold Ortiz, Sean Pritchett, Rashid Rahman, Felipe Rivera-Cruz, Wayne Stewart, Michael Vattiato, Derrick Williams.(Agnew, Amy) (Entered: 09/03/2019)

Sept. 3, 2019

Sept. 3, 2019

PACER
5

Request for Issuance of Summons

Sept. 9, 2019

Sept. 9, 2019

PACER
6

Request for Issuance of Summons

Sept. 9, 2019

Sept. 9, 2019

RECAP
7

Request for Issuance of Summons

Sept. 9, 2019

Sept. 9, 2019

PACER
8

Request for Issuance of Summons

Sept. 9, 2019

Sept. 9, 2019

PACER
9

Request for Issuance of Summons

Sept. 9, 2019

Sept. 9, 2019

PACER
10

Request for Issuance of Summons

Sept. 9, 2019

Sept. 9, 2019

PACER
11

Request for Issuance of Summons

Sept. 9, 2019

Sept. 9, 2019

PACER
12

Request for Issuance of Summons

Sept. 9, 2019

Sept. 9, 2019

PACER
13

Request for Issuance of Summons

Sept. 9, 2019

Sept. 9, 2019

PACER
14

Request for Issuance of Summons

Sept. 9, 2019

Sept. 9, 2019

PACER
15

Request for Issuance of Summons

Sept. 9, 2019

Sept. 9, 2019

PACER
16

Request for Issuance of Summons

Sept. 9, 2019

Sept. 9, 2019

PACER
17

Request for Issuance of Summons

Sept. 9, 2019

Sept. 9, 2019

PACER
18

Request for Issuance of Summons

Sept. 9, 2019

Sept. 9, 2019

PACER
19

Request for Issuance of Summons

Sept. 9, 2019

Sept. 9, 2019

PACER
20

Request for Issuance of Summons

Sept. 9, 2019

Sept. 9, 2019

PACER
21

Request for Issuance of Summons

Sept. 9, 2019

Sept. 9, 2019

PACER
22

Summons Issued

Sept. 10, 2019

Sept. 10, 2019

PACER
23

Summons Issued

Sept. 10, 2019

Sept. 10, 2019

PACER
24

Summons Issued

Sept. 10, 2019

Sept. 10, 2019

PACER
25

Summons Issued

Sept. 10, 2019

Sept. 10, 2019

PACER
26

Summons Issued

Sept. 10, 2019

Sept. 10, 2019

PACER
27

Summons Issued

Sept. 10, 2019

Sept. 10, 2019

PACER
28

Summons Issued

Sept. 10, 2019

Sept. 10, 2019

PACER
29

Summons Issued

Sept. 10, 2019

Sept. 10, 2019

PACER
30

Summons Issued

Sept. 10, 2019

Sept. 10, 2019

PACER
31

Summons Issued

Sept. 10, 2019

Sept. 10, 2019

PACER
32

Summons Issued

Sept. 10, 2019

Sept. 10, 2019

PACER
33

Summons Issued

Sept. 10, 2019

Sept. 10, 2019

PACER
34

Summons Issued

Sept. 10, 2019

Sept. 10, 2019

PACER
35

Summons Issued

Sept. 10, 2019

Sept. 10, 2019

PACER
36

Summons Issued

Sept. 10, 2019

Sept. 10, 2019

PACER
37

Summons Issued

Sept. 10, 2019

Sept. 10, 2019

PACER
38

Summons Issued

Sept. 10, 2019

Sept. 10, 2019

PACER

Notice of Case Assignment/Reassignment

Sept. 11, 2019

Sept. 11, 2019

PACER
39

Request for Issuance of Amended Summons

Sept. 28, 2019

Sept. 28, 2019

PACER
40

Request for Issuance of Amended Summons

Sept. 28, 2019

Sept. 28, 2019

PACER
41

Amended Summons Issued

Sept. 30, 2019

Sept. 30, 2019

PACER
42

Amended Summons Issued

Sept. 30, 2019

Sept. 30, 2019

PACER
43

Affidavit of Service Complaints

Sept. 30, 2019

Sept. 30, 2019

PACER
44

Affidavit of Service Complaints

Sept. 30, 2019

Sept. 30, 2019

PACER
45

Affidavit of Service Complaints

Oct. 7, 2019

Oct. 7, 2019

PACER
46

Affidavit of Service Complaints

Oct. 7, 2019

Oct. 7, 2019

PACER
47

Affidavit of Service Complaints

Oct. 7, 2019

Oct. 7, 2019

PACER
48

Affidavit of Service Complaints

Oct. 7, 2019

Oct. 7, 2019

PACER
49

Certificate of Service Complaints

Oct. 7, 2019

Oct. 7, 2019

PACER
50

Extension of Time to File Answer

Oct. 8, 2019

Oct. 8, 2019

PACER
51

Order on Motion for Extension of Time to Answer

Oct. 9, 2019

Oct. 9, 2019

PACER
52

Affidavit of Service Complaints

Nov. 2, 2019

Nov. 2, 2019

PACER
53

Certificate of Service Complaints

Nov. 2, 2019

Nov. 2, 2019

PACER
54

Affidavit of Service Complaints

Nov. 2, 2019

Nov. 2, 2019

PACER
55

Affidavit of Service Complaints

Nov. 2, 2019

Nov. 2, 2019

PACER
56

Certificate of Service Complaints

Nov. 6, 2019

Nov. 6, 2019

PACER
57

Affidavit of Service Complaints

Nov. 15, 2019

Nov. 15, 2019

PACER
58

Affidavit of Service Complaints

Nov. 20, 2019

Nov. 20, 2019

PACER
59

Certificate of Service Complaints

Nov. 20, 2019

Nov. 20, 2019

PACER
60

Affidavit of Service Complaints

Nov. 26, 2019

Nov. 26, 2019

PACER
61

Extension of Time

1 Exhibit Amended Complaint with Redline

View on PACER

2 Exhibit FAC

View on PACER

Dec. 11, 2019

Dec. 11, 2019

PACER
62

Conference

1 Exhibit List of AHR Records

View on PACER

2 Exhibit List of MWAP Request Records Needed

View on PACER

Dec. 11, 2019

Dec. 11, 2019

PACER
63

Extension of Time to File Answer

Dec. 16, 2019

Dec. 16, 2019

PACER
64

Extension of Time to File Answer

Dec. 16, 2019

Dec. 16, 2019

PACER
65

Response in Opposition to Motion

Dec. 17, 2019

Dec. 17, 2019

PACER
66

Order on Motion for Extension of Time to Answer

Dec. 20, 2019

Dec. 20, 2019

PACER
67

Order on Motion for Conference

Dec. 20, 2019

Dec. 20, 2019

PACER
68

Order on Motion for Extension of Time to Answer

Dec. 20, 2019

Dec. 20, 2019

PACER
69

Notice of Appearance

Jan. 7, 2020

Jan. 7, 2020

PACER
70

Notice of Appearance

Jan. 8, 2020

Jan. 8, 2020

PACER
71

Letter

Jan. 10, 2020

Jan. 10, 2020

PACER
72

Withdraw as Attorney

Jan. 10, 2020

Jan. 10, 2020

PACER
73

Order on Motion to Withdraw as Attorney

Jan. 13, 2020

Jan. 13, 2020

PACER
74

Memo Endorsement

Jan. 13, 2020

Jan. 13, 2020

PACER
75

Notice of Appearance

Jan. 17, 2020

Jan. 17, 2020

PACER
76

Amended Complaint

Jan. 18, 2020

Jan. 18, 2020

PACER
77

Notice of Appearance

Jan. 30, 2020

Jan. 30, 2020

PACER
78

Extension of Time to File Answer

Feb. 22, 2020

Feb. 22, 2020

PACER
79

Order on Motion for Extension of Time to Answer

Feb. 24, 2020

Feb. 24, 2020

PACER
80

Extension of Time to File Answer

Feb. 27, 2020

Feb. 27, 2020

PACER
81

Order on Motion for Extension of Time to Answer

Feb. 28, 2020

Feb. 28, 2020

PACER
82

Request for Issuance of Amended Summons

March 13, 2020

March 13, 2020

PACER

Notice to Attorney Regarding Deficient Request for Issuance of Summons

March 16, 2020

March 16, 2020

PACER
83

Request for Issuance of Summons

March 17, 2020

March 17, 2020

PACER
84

Summons Issued

March 18, 2020

March 18, 2020

PACER
85

Extension of Time

March 23, 2020

March 23, 2020

PACER
86

Order on Motion for Extension of Time

March 24, 2020

March 24, 2020

PACER

Case Details

State / Territory: New York

Case Type(s):

Prison Conditions

Special Collection(s):

Multi-LexSum (in sample)

Key Dates

Filing Date: Sept. 2, 2019

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

18 individuals in the New York prison system who were denied pain medication for their various medical needs.

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Pending

Defendants

New York State Department of Corrections and Community Supervision (Albany, Albany), 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: None Yet / None

Nature of Relief:

None yet

Source of Relief:

None yet

Issues

General:

Conditions of confinement

Disability:

Opioid disorder/medication

Medical/Mental Health:

Medication, administration of

Untreated pain

Type of Facility:

Government-run