Case: John v. City of New York

1:11-cv-05610 | U.S. District Court for the Southern District of New York

Filed Date: Aug. 12, 2011

Closed Date: 2012

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Case Summary

On August 12, 2011, a teenage inmate at the Robert N. Davoren Complex (“RNDC”) on Riker’s island, filed this lawsuit in the United States District Court for the Southern District of New York. The plaintiff’s claims stemmed from an incident in June 2010 where the plaintiff was beaten by other inmates at the facility. The plaintiff, represented by private counsel and The Legal Aid Society, sued the following: the City of New York, the Supervising Warden of the New York Department of Correction (“…

On August 12, 2011, a teenage inmate at the Robert N. Davoren Complex (“RNDC”) on Riker’s island, filed this lawsuit in the United States District Court for the Southern District of New York. The plaintiff’s claims stemmed from an incident in June 2010 where the plaintiff was beaten by other inmates at the facility.

The plaintiff, represented by private counsel and The Legal Aid Society, sued the following: the City of New York, the Supervising Warden of the New York Department of Correction (“DOC”), the Chief of Department of the DOC, the Warden of RNDC, the Deputy Warden for Security of RNDC, and a number of unnamed corrections officers who were working at RNDC at the time of the incident. The plaintiff brought claims under 42 U.S.C. §1983, alleging violations of his Eighth and Fourteenth Amendment rights. He sought compensatory and punitive damages as well as reasonable attorneys’ fees.

Specifically, the plaintiff alleged the existence of an ongoing practice (“The Program”) at the RNDC in which guards allowed inmates to assault other inmates as a way to control and discipline those in custody. The plaintiff claimed that existence of The Program had been substantiated by an investigation conducted by New York City’s Department of Investigation and the DOC’s Inspector General. In 2008, a RNDC correction officer was indicted and convicted for using inmates as enforcers and encouraging inmate-on-inmate violence.

The plaintiff claimed he fell victim to this practice in June 2010, when an inmate at RNDC assaulted him in the presence of corrections officers who did nothing to stop the attack. Four other inmates joined the initial assault, and the plaintiff was beaten until he lost consciousness.

After months of discovery disputes, the plaintiff asked the court to impose sanctions on the defendants in February of 2012. Specifically, he alleged that the defendants had failed to comply with discovery requests.

Although the case was initially assigned to District Judge Robert Patterson, in April 2012, the case was referred to Magistrate Judge Frank Maas for settlement. On June 15, the parties submitted a stipulated settlement agreement regarding the attorney’s fees for work tied to the motion for sanctions, and the City of New York paid $13,000 to the plaintiff’s attorneys.

In July of 2012, the Court granted the plaintiff’s motion for sanctions, noting that the defendants had failed to produce information including: the investigation done following inmate-on-inmate assaults at RNDC, personnel records for the officers working at the site during the relevant time period, and a significant set of documents generated by the “Gang Intelligence Unit” at Riker’s Island. The Court imposed sanctions of $10,000 on the New York Law Department.

Shortly after that order, the parties agreed to a settlement of the entire case in which the City of New York paid the plaintiff $850,000 in damages and attorneys fees. The Court ended the case with a stipulation and order of dismissal on August 31, 2012.

Summary Authors

Chris Pollack (1/30/2019)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/4349417/parties/john-v-city-of-new-york/

Judge(s)
Attorney for Plaintiff

Abady, Jonathan S. (New York)

Attorney for Defendant

Abeysekera, Samantha (New York)

Akina, William Keaupuni (New York)

Anakhu, Joy Tolulope (New York)

Anci, Joseph (New York)

Judge(s)

Maas, Frank S. (New York)

Patterson, Robert Porter Jr. (New York)

Attorney for Plaintiff

Abady, Jonathan S. (New York)

Chasan, Jonathan S. (New York)

Pulver, Adam R. (District of Columbia)

Rosenfeld, Katherine (New York)

Attorney for Defendant

Abeysekera, Samantha (New York)

Akina, William Keaupuni (New York)

Anakhu, Joy Tolulope (New York)

Anci, Joseph (New York)

Anderson, Robert James (New York)

Aribakan, Suzanne Emily (New York)

Arko, Christopher G. (New York)

Aroubas, Shlomit (New York)

Ashanti, Karl J. (New York)

Auletta, Steven Joseph (New York)

Bahrenburg, Richard (New York)

Balog, Aliza Jordana (New York)

Bardauskis, Elizabeth Barrett (New York)

Barnett, Camille Danielle (New York)

Bartlett, Caroline Firth (New York)

Bauman, Wesley Eugene (New York)

Beath, Patrick Neil (New York)

Beck, Curt Peter (New York)

Bergman, Zachary Russell (New York)

Binder, Robin (New York)

Birnbaum, Brooke Allyson (New York)

Blackman, Duane G. (New York)

Blank, Shira M. (New York)

Blocker, Tanya N (New York)

Bogni, Jason Robert (New York)

Bouriat, Christopher Saleh (New York)

Braun, Daniel Michael (New York)

Brennan, Ave Maria (New York)

Breslow, Stephanie Marie (New York)

Bridge, Matthew (New York)

Brocker, Peter William (New York)

Brooks, Jeffrey Charles (New York)

Brown, Cherie N. (New York)

Brustein, Evan (New York)

Bruzzese, Sheryl Ann (New York)

Budhu, Ryan (New York)

Burleson, Shana Lynn (New York)

Byrns, Katherine Abigail (New York)

Cahill, Kathleen J. (New York)

Calhoun, Martha Anne (New York)

Calistro, Phyllis Gail (New York)

Canfield, Donna Anne (New York)

Carey, Charles Edward (New York)

Castro, Johana Vanessa (New York)

Catalano, Thomas A. (New York)

Cavalieri, Meghan Ann (New York)

Ceriello, Colin M. (New York)

Chen, Caroline Ling-Yu (New York)

Chestnov, Michael (New York)

Cheung, Carla Lyn (New York)

Chiu, Daniel (New York)

Ciappetta, Nicholas Robert (New York)

Clark, Shawn Raymond (New York)

Cohen, Jessica Talia (New York)

Collyer, Adam Edward (New York)

Connelly, Elizabeth Colette (New York)

Conway, Susan K. (New York)

Conway, Kimberly (New York)

Conway, Shannon W. (New York)

Cooper, David Allen (New York)

Correia, Doreen J. (New York)

Corsi, Alexandra (New York)

Coyne, Jennifer Angela (New York)

D'Andrea, Theresa Jeanine (New York)

Dandrige, Danielle M. (New York)

Deatley, Tavish C. (New York)

DeCastro, Maria Fernanda (New York)

Deconinck, Magda M. (New York)

DePaul, Philip Rudolph (New York)

Depoian, Carolyn Kay (New York)

Dervin, James Monroe (New York)

DiSenso, Anthony M. (New York)

Dollin, Elizabeth (New York)

Dunn-Jones, Felicia (New York)

Eichenholtz, Eric Jay (New York)

Eisner, Susan B. (New York)

Ekelman, Felice B. (New York)

Englert, Eviana Linnea (New York)

Evans, Sarah Beth (New York)

Fabian, Shawn (New York)

Faddis, Hannah Victoria (New York)

Farrar, Brian Jeremy (New York)

Farrell, Odile Maun (New York)

Farrell, Peter Gerard (New York)

Ferrari, David (New York)

Fett, Baree Nichole (New York)

Fitzgibbon, Kaitlin Elizabeth (New York)

Fleming, Michael Friel (New York)

Fogarty, Peter John (New York)

Foley, Eamonn F. (New York)

Fraenkel, William Solomon (New York)

Francolla, Brian Christopher (New York)

Frank, Philip S. (New York)

Friedman, Joshua Mathew (New York)

Friedman, Steven A. (New York)

Frommer, Hillary A. (New York)

Fudim, Elissa Paulette (New York)

Garcia, John L (New York)

Garman, Ashley Rebecca (New York)

Gatz, Lara Treinis (New York)

Gertzer, Michael Keith (New York)

Giambrone, Jessica (New York)

Gill, Rippi (New York)

Giovanatti, Neil Anthony (New York)

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Goldberg-Cahn, Michelle L. (New York)

Gomez-Sanchez, Daniel Sergio (New York)

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Graziadei, John Hopkins (New York)

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Gross, Felicia (New York)

Grossberg, Amy (New York)

Grossman, Heidi (New York)

Gugel, Alison Elaine (New York)

Gutmann, Joseph Aaron (New York)

Haber, Erica Michelle (New York)

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Hagopian, Caleb Charles (New York)

Halatyn, Susan M. (New York)

Harvis, Gabriel Paul (New York)

Hazan, David M. (New York)

Helferich, Joanna R. (New York)

Hirschklau, Rebecca Rachel (New York)

Hoey, Thomas M. (New York)

Hoffman, Beth J (New York)

Hopkins, Joseph E. (New York)

Horowitz, Aviva Yocheved (New York)

Horowitz, Jerald (New York)

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Johnson, Porsha Requel (New York)

Johnson, Paul Hasan (New York)

Jones, Felicia Dunn (New York)

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Jr, Ricardo Tapia (New York)

JR., James Edward (New York)

Julie, Richard Spencer (New York)

Kantor, Scott Justin (New York)

Kim, Jay Young (New York)

Kim, Phillip C. (New York)

Kirkpatrick, Steven Nelson (New York)

Kitzinger, Stephen Edward (New York)

Klein, Brett H. (New York)

Koduru, Jennifer Lilly (New York)

Kogel-Smucker, Sarah A. (New York)

Koster, Jeannette Arlin (New York)

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McCann, Max Oliver (New York)

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McMahon, Kate Fay (New York)

McQueen, Matthew W (New York)

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Najib, Mona Vivian (New York)

Nam, Rosemari Y. (New York)

Naughton, Kathleen Erin (New York)

Neary, Virginia M. (New York)

Nelson, Genevieve (New York)

Nemetz, Mark John (New York)

Neufeld, Sheryl Rebecca (New York)

Nguyen, Diep (New York)

Nimick, Virginia Jackson (New York)

Noble, Alexander Macrae (New York)

O'Connor, Andrea Mary (New York)

O'Flynn, Mary Theresa (New York)

Okereke, Amy Nkemka (New York)

Okoh, Okwede N (New York)

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Oliner, Daniel H. (New York)

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Ryan, Erin T. (New York)

Saavedra, Daniel G. (New York)

Saleem, Afsaan (New York)

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Sarpong, Nana Kwame (New York)

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Schlesinger, Alan Maer (New York)

Schuman, Jennifer Helen (New York)

Scotti, Steven M. (New York)

Seacord, Christopher Aaron (New York)

Seemen, Karen Jayne (New York)

Seligman, Rachel Amy (New York)

Shaffer, Ryan Glenn (New York)

Shammas, Cheryl Leah (New York)

Shoffel, Amanda (New York)

Shull, Hugh H. (New York)

Siddiqi, Omar Javed (New York)

Singer, Zev Samuel (New York)

Siskind, Shira Rachel (New York)

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Smith, Jordan Michael (New York)

Smith, Katherine Elizabeth (New York)

Smith, Kevin James (New York)

Smith, Valerie Elizabeth (New York)

Smith-Williams, Qiana Charmaine (New York)

Snow, Keith M. (New York)

Sohn, Liza Jin (New York)

Soto, Richard (New York)

Speight, Melanie Mary (New York)

Stackhouse, Noreen M. (New York)

Stavridis, Steve (New York)

Stein, Matthew E. (New York)

Steiner, Norman (New York)

Stern, Steven C (New York)

Stockman, Benjamin E. (New York)

Stodola, Damion Kenneth (New York)

Stolorow, Adam Michael (New York)

Strikowsky, Bruce Michael (New York)

Sud, Sumit (New York)

Sullivan, Donald Christopher (New York)

Sundaran, Raju (New York)

Swartz, Rhiana L. (New York)

Sweet, Emily (New York)

Telfort, Pernell Michael (New York)

Thomas, Gillian C (New York)

Toews, Mark Galen (New York)

Voigt, Diana Goell (New York)

Wachs, Melissa (New York)

Waldauer, Jonathan Max (New York)

Water, Virginia (New York)

Weall, Katherine Jane (New York)

Weiler, Fred Michael (New York)

Weinblatt, Amy J. (New York)

Weingarten, Richard Keith (New York)

Weir, Matthew Charles (New York)

Weiss, Jed Matthew (New York)

Weiss, Dara Lynn (New York)

Weng, Jenny (New York)

Wenzel, Andrew Patrick (New York)

Wertheimer, Joshua Chanan (New York)

Wise, Desiree Adams (New York)

Wolf, Joshua Matthew (New York)

Yi, Gloria Mihee (New York)

York, City of (New York)

Zangrilli, Joseph Peter (New York)

Zgodny, Vicki Becker (New York)

Zimmerman, Tobias Eli (New York)

Zuber, Hugh A. (New York)

Zuckerman, Mark David (New York)

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Documents in the Clearinghouse

Document

1:11-cv-05610

Docket

Oct. 6, 2015

Oct. 6, 2015

Docket
1

1:11-cv-05610

Complaint

Aug. 12, 2011

Aug. 12, 2011

Complaint
34

1:11-cv-05610

Stipulation and Settlement of Attorney's Fees

June 15, 2012

June 15, 2012

Settlement Agreement
43

1:11-cv-05610

Opinion and Order

July 9, 2012

July 9, 2012

Order/Opinion

2012 WL 2719154

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4349417/john-v-city-of-new-york/

Last updated March 14, 2024, 3:23 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT against Emmanuel Bailey, City of New York, Correction Officer "DJ" Doe, Correction Officer John Does # 1-5, Larry W. Davis, Sr, Walter Nin, Arthur Olivari. (Filing Fee $ 350.00, Receipt Number 1013932)Document filed by Kadeem John.(ama) (Entered: 08/12/2011)

Aug. 12, 2011

Aug. 12, 2011

RECAP
2

AFFIDAVIT OF SERVICE of Summons and Complaint,. City of New York served on 8/16/2011, answer due 9/6/2011. Service was accepted by Dmitry Aronov. Service was made by Mail. Document filed by Kadeem John. (Pulver, Adam) (Entered: 08/19/2011)

Aug. 19, 2011

Aug. 19, 2011

PACER
3

AFFIDAVIT OF SERVICE of Summons and Complaint,. Arthur Olivari served on 8/17/2011, answer due 9/7/2011. Service was accepted by P.O. 'John' Hernandez. Service was made by Mail. Document filed by Kadeem John. (Pulver, Adam) (Entered: 08/22/2011)

Aug. 22, 2011

Aug. 22, 2011

PACER
4

AFFIDAVIT OF SERVICE of Summons and Complaint,. Larry W. Davis, Sr served on 8/17/2011, answer due 9/7/2011. Service was accepted by P.O. 'John' Hernandez. Service was made by Mail. Document filed by Kadeem John. (Pulver, Adam) (Entered: 08/22/2011)

Aug. 22, 2011

Aug. 22, 2011

PACER
5

AFFIDAVIT OF SERVICE of Summons and Complaint,. Emmanuel Bailey served on 8/17/2011, answer due 9/7/2011. Service was accepted by P.O. 'John' Hernandez. Service was made by Mail. Document filed by Kadeem John. (Pulver, Adam) (Entered: 08/22/2011)

Aug. 22, 2011

Aug. 22, 2011

PACER
6

AFFIDAVIT OF SERVICE of Summons and Complaint,. Walter Nin served on 8/17/2011, answer due 9/7/2011. Service was accepted by P.O. 'John' Hernandez. Service was made by Mail. Document filed by Kadeem John. (Pulver, Adam) (Entered: 08/22/2011)

Aug. 22, 2011

Aug. 22, 2011

PACER
7

NOTICE OF APPEARANCE by Diep Nguyen on behalf of City of New York (Nguyen, Diep) (Entered: 08/30/2011)

Aug. 30, 2011

Aug. 30, 2011

PACER
8

ENDORSED LETTER addressed to Judge Robert P. Patterson, Jr. from Diep Nguyen dated 9/6/2011 re: There are no scheduled conference that will be affected by this proposed extension. Accordingly, it is respectfully requested that the Court grant the City's application to extend its time to answer or otherwise respond to the complaint from September 6, 2011, until November 7. 2011.. ENDORSEMENT: Application Granted. So Ordered. City of New York answer due 11/7/2011. (Signed by Judge Robert P. Patterson on 9/7/2011) (rdz) (Entered: 09/07/2011)

Sept. 7, 2011

Sept. 7, 2011

PACER
9

ENDORSED LETTER addressed to Judge Robert P. Patterson, Jr. from Jonathan S. Abady dated 9/6/11 re: We are writing to oppose defendants' request for a sixty-day extension of time to answer the complaint. ENDORSEMENT: Application denied. Because the complaint names four supervisory defendants, who may have conflicting interests. It also names "D.J.", Doc and five John/Jane Does, defendants for failure to protect plaintiff from assault or for failing to intervene in the running of the "Program" at 2 Lower North at RMDC in their individual capacities, who may also have conflicting interests, a 60 day extension for time to respond to the complaint is warranted. (Signed by Judge Robert P. Patterson on 9/7/11) (rjm) (Entered: 09/08/2011)

Sept. 7, 2011

Sept. 7, 2011

PACER
10

NOTICE OF APPEARANCE by Katherine R. Rosenfeld on behalf of Kadeem John (Rosenfeld, Katherine) (Entered: 10/12/2011)

Oct. 12, 2011

Oct. 12, 2011

PACER
11

SCHEDULING ORDER: Experts' deposition due by 9/14/2012. All discovery due by 9/14/2012. All fact discovery due 7/27/2012. Pretrial Order due by 9/28/2012. Jury Trial set for 10/15/2012 at 09:30 AM before Judge Robert P. Patterson. (Signed by Judge Robert P. Patterson on 10/25/2011) (lmb) Modified on 10/27/2011 (lmb). Modified on 10/27/2011 (lmb). (Entered: 10/25/2011)

Oct. 25, 2011

Oct. 25, 2011

PACER
12

ENDORSED LETTER addressed to Judge Robert P. Patterson, Jr. from Diep Nguyen dated 11/7/2011 re: I write to respectfully request a brief one-week extension of time, from November 7, 2011, until November 14, 2011, within which the City may answer or otherwise respond to the complaint. ENDORSEMENT: Application granted. So ordered. City of New York answer due 11/14/2011. (Signed by Judge Robert P. Patterson on 11/8/2011) (rjm) (Entered: 11/08/2011)

Nov. 8, 2011

Nov. 8, 2011

PACER
13

ANSWER to 1 Complaint, with JURY DEMAND. Document filed by Emmanuel Bailey, City of New York, Larry W. Davis, Sr, Walter Nin, Arthur Olivari.(Nguyen, Diep) (Entered: 11/14/2011)

Nov. 14, 2011

Nov. 14, 2011

PACER
14

PROTECTIVE ORDER CONCERNING CONFIDENTIAL INFORMATION...regarding procedures to be followed that shall govern the handling of confidential material... (Signed by Judge Robert P. Patterson on 12/2/2011) (jfe) (Entered: 12/02/2011)

Dec. 2, 2011

Dec. 2, 2011

PACER
15

ENDORSED LETTER addressed to Judge Robert P. Patterson from Adam R. Pulver dated 12/2/2011 re: We request the Court order Defendants to provide their initial disclosures by the close of business Monday, December 5, 2011. ENDORSEMENT: Defendant's counsel are ordered to serve on Plaintiff's counsel the preliminary disclosures required by the Federal Rules of Civil Procedure on or before 12/12/11. (Signed by Judge Robert P. Patterson on 12/8/2011) (lmb) (Entered: 12/09/2011)

Dec. 9, 2011

Dec. 9, 2011

PACER
16

MOTION for Sanctions. Document filed by Kadeem John.(Pulver, Adam) (Entered: 02/07/2012)

Feb. 7, 2012

Feb. 7, 2012

PACER
17

MEMORANDUM OF LAW in Support re: 16 MOTION for Sanctions.. Document filed by Kadeem John. (Pulver, Adam) (Entered: 02/07/2012)

Feb. 7, 2012

Feb. 7, 2012

RECAP
18

DECLARATION of Adam R. Pulver in Support re: 16 MOTION for Sanctions.. Document filed by Kadeem John. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9, # 10 Exhibit 10)(Pulver, Adam) (Entered: 02/07/2012)

1 Exhibit 1

View on PACER

2 Exhibit 2

View on PACER

3 Exhibit 3

View on PACER

4 Exhibit 4

View on PACER

5 Exhibit 5

View on PACER

6 Exhibit 6

View on PACER

7 Exhibit 7

View on PACER

8 Exhibit 8

View on PACER

9 Exhibit 9

View on PACER

10 Exhibit 10

View on PACER

Feb. 7, 2012

Feb. 7, 2012

RECAP
19

ENDORSED LETTER addressed to Judge Robert P. Patterson, Jr. from Diep Nguyen dated 2/14/2012 re: I write to respectfully request a ten-day extension of time, until February 24, 2012, to respond to plaintiffs motion for sanctions,. ENDORSEMENT: Application Granted. SO ORDERED., ( Responses due by 2/24/2012) (Signed by Judge Robert P. Patterson on 2/14/2012) Copies Sent By Chambers. (ama) (Entered: 02/15/2012)

Feb. 15, 2012

Feb. 15, 2012

PACER
20

ENDORSED LETTER addressed to Judge Robert P. Patterson from Adam R. Pulver dated 2/15/2012 re: Counsel for Plaintiff requests that the Court allow them until 3/2/2012 to file their reply in further support of their motion for sanctions. ENDORSEMENT: Application granted. Set Deadlines/Hearing as to 16 MOTION for Sanctions : (Replies due by 3/2/2012.) (Signed by Judge Robert P. Patterson on 2/16/2012) (tro) (Entered: 02/17/2012)

Feb. 17, 2012

Feb. 17, 2012

PACER
21

SCHEDULING ORDER: A conference in this matter is set for Wednesday, February 29, 2012 at 9:30 a.m. Counsel should be prepared to discuss Plaintiff s discovery issues as stated in its letter dated February 9, 2012. (Signed by Judge Robert P. Patterson on 2/23/2012) (mro) (Entered: 02/23/2012)

Feb. 23, 2012

Feb. 23, 2012

PACER
22

MEMORANDUM OF LAW in Opposition re: 16 MOTION for Sanctions.. Document filed by Emmanuel Bailey, City of New York, Larry W. Davis, Sr, Walter Nin, Arthur Olivari. (Nguyen, Diep) (Entered: 02/24/2012)

Feb. 24, 2012

Feb. 24, 2012

PACER
23

REPLY MEMORANDUM OF LAW in Support re: 16 MOTION for Sanctions.. Document filed by Kadeem John. (Pulver, Adam) (Entered: 03/02/2012)

March 2, 2012

March 2, 2012

RECAP
24

SCHEDULING ORDER: Oral Argument set for 3/14/2012 at 09:30 AM before Judge Robert P. Patterson. Counsel should be prepared to discuss Plaintiff's motion for sanctions. (Signed by Judge Robert P. Patterson on 3/7/2012) Copies Faxed By Chambers. (ab) Modified on 3/7/2012 (ab). (Entered: 03/07/2012)

March 7, 2012

March 7, 2012

PACER
25

ORDER OF REFERENCE TO A MAGISTRATE JUDGE Order that case be referred to the Clerk of Court for assignment to a Magistrate Judge for Settlement. Referred to Magistrate Judge Frank Maas. (Signed by Judge Robert P. Patterson on 4/10/2012) (js) (Entered: 04/11/2012)

April 11, 2012

April 11, 2012

PACER
26

SCHEDULING ORDER: In view of the correspondence received from both parties today, a hearing in this matter is set for Friday, April 20, 2012 at 9:30 a.m. The supervising attorney should be present for Defendants. (Status Conference set for 4/20/2012 at 09:30 AM before Judge Robert P. Patterson.) (Signed by Judge Robert P. Patterson on 4/18/2012) (lmb) (Entered: 04/19/2012)

April 19, 2012

April 19, 2012

PACER
27

ENDORSED LETTER addressed to Judge Robert P. Patterson from Adam R. Pulver dated 4/19/2012 re: We write, with Defendants counsel's consent, to request an adjournment of the Status Conference scheduled for Friday, April 20, 2012 at 9:30 a.m. ENDORSEMENT: Application granted. Conference will be held 4/23/12 at 4 PM., ( Status Conference set for 4/23/2012 at 04:00 PM before Judge Robert P. Patterson.) (Signed by Judge Robert P. Patterson on 4/19/2012) (lmb) (Entered: 04/19/2012)

April 19, 2012

April 19, 2012

PACER
28

ENDORSED LETTER addressed to Judge Robert P. Patterson from Diep Nguyen dated 4/20/2012 re: Counsel for the defendants request an adjournment of the April 23, 2012 conference. ENDORSEMENT: Application denied. The Court is not available on those dates. So Ordered. (Signed by Judge Robert P. Patterson on 4/20/2012) (ft) (Entered: 04/23/2012)

April 23, 2012

April 23, 2012

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29

TRANSCRIPT of Proceedings re: Conference held on 3/5/2012 before Judge Robert P. Patterson. Court Reporter/Transcriber: Toni Stanley, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 5/17/2012. Redacted Transcript Deadline set for 5/29/2012. Release of Transcript Restriction set for 7/26/2012.(McGuirk, Kelly) (Entered: 04/23/2012)

April 23, 2012

April 23, 2012

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30

NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a Conference proceeding held on 3/5/2012 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...(McGuirk, Kelly) (Entered: 04/23/2012)

April 23, 2012

April 23, 2012

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31

ENDORSED LETTER addressed to Judge Robert P Patterson from Diep Nguyen dated 5/1/2012 re: Defendants apprised plaintiff that the photos are available and the parties agreed that plaintiff will view the photographs tomorrow. Plaintiff, however, opposes viewing the photographs in the presence of defense counsel Defendants disagree and seek the following protection. ENDORSEMENT: The parties informed the Court on May 2, 2012 that they had resolved this dispute. (Signed by Judge Robert P. Patterson on 5/2/2012) (cd) (Entered: 05/02/2012)

May 2, 2012

May 2, 2012

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32

ENDORSED LETTER addressed to Magistrate Judge Frank Maas from Emery Celli Brinckerhoff & Abady, LLP dated 5/22/2012 re: Request for adjournment of conference. ENDORSEMENT: The conference is adjourned to June 27 at 2:00 p.m. (Settlement Conference set for 6/27/2012 at 02:00 PM before Magistrate Judge Frank Maas.) (Signed by Magistrate Judge Frank Maas on 5/23/2012) (rjm) (Entered: 05/23/2012)

May 23, 2012

May 23, 2012

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33

ENDORSED LETTER: addressed to Judge Robert P. Patterson from Adam R. Pulver dated 5/22/2012 re: Counsel for Plaintiffs write as defendants have failed to comply with the Courts order to produce outstanding discovery by May 15, 2012 and May 21, 2012, Counsel requests the Court order a complete production immediately. ENDORSEMENT: Application granted. Defendants are ordered to produce to plaintiff immediately all outstanding documents and interrogatory responses or face sanctions for untimely. (Signed by Judge Robert P. Patterson on 5/22/2012) (js) (Entered: 05/23/2012)

May 23, 2012

May 23, 2012

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34

STIPULATION AND SETTLEMENT OF ATTORNEYS' FEES. 1. Defendant City of New York shall pay to Plaintiff's counsel Emery Celli Brinckerhoff & Abady LLP ("ECBA") the sum total of Thirteen Thousand Dollars ($13,000.00) for work conducted by ECBA and The Legal Aid Society in this action in connection with Plaintiff's motion for sanctions dated February 7, 2012. This payment shall be in full satisfaction of all claims by ECBA, The Legal Aid Society, and/or Plaintiff for attorneys' fees, costs and/or expenses accrued in connection with Plaintiff's motion for sanctions dated February 7,2012. In the event of any future award of attorneys' fees and costs in this action, Plaintiff's counsel and/or Plaintiff will not seek any additional compensation for attorneys' fees, costs and/or expenses accrued in connection with Plaintiff's motion for sanctions dated February 7, 2012. [* See Order for complete details. *] (Signed by Judge Robert P. Patterson on 6/15/2012) (bw) (Entered: 06/15/2012)

June 15, 2012

June 15, 2012

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ENDORSED LETTER addressed to Judge Robert P. Patterson from Attorney Adam R. Pulver dated June 13, 2012. ENDORSEMENT: Application granted. Defendants are to produce the documents responsive to Nos. 9 and 21 and to confirm all documents responsive to Nos. 10, 14, 15, 18, 15 and 27 by June 15, 2012. (Signed by Judge Robert P. Patterson on 6/14/2012) (bw) (Entered: 06/15/2012)

June 15, 2012

June 15, 2012

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ENDORSED LETTER addressed to Judge Robert P. Patterson, Jr. from Diep Nguyen dated 6/18/2012 re: Counsel for the defendants submit that the redactions are necessary as not to compromise the work of the intelligence unit at Rikers. ENDORSEMENT: Application granted without prejudice to plaintiff's counsel making a timely application to reconsider. (Signed by Judge Robert P. Patterson on 6/18/2012) (ft) (Entered: 06/18/2012)

June 18, 2012

June 18, 2012

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ENDORSED LETTER addressed to Judge Robert P Patterson from Adam R Pulver dated 6/21/2012 re: In response to defendants' 6/20 letter in defense of their limited, untimely production. ENDORSEMENT: Defendants counsel should respond to this letter by 6/22/2012. (Signed by Judge Robert P. Patterson on 6/21/2012) (cd) (Entered: 06/21/2012)

June 21, 2012

June 21, 2012

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38

Letter addressed to Judge Robert P. Patterson, from Adam R. Pulver, dated 6/20/2012, re: update the Court on Defendants' continued noncompliance with the Court's discovery-related orders, including the Court's most recent Order, dated June 14, 2012. In light of Defendants' continued violation of the Court's orders, we request the Court issue sanctions at this time. We request the Court order (1) the immediate production of all outstanding documents, complete with discovery letter and privilege; (2) confirmation that all documents responsive to requests 10, 14, 15, 18, 25, and 27 have been produced; and (3) sanctions against Defendants for their disobedience of Court orders and failure to timely produce. Document filed as to Kadeem John.(ja) (Entered: 06/22/2012)

June 22, 2012

June 22, 2012

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Letter addressed to Judge Robert P. Patterson, from Diep Nguyen, dated 6/20/2012 re: writing to respond to plaintiff's June 20, 2012 letter. We submit that we have complied with the Court's Orders and complied with the discovery at this time so that plaintiff can have an opportunity to evaluate his claims for the settlement conference, which was a concern voiced by both Your Honor and plaintiff in previous court conferences. Like plaintiff, defendants are willing to attend the settlement conference before Magistrate Maas on June 27, 2012. Document filed by Emmanuel Bailey, City of New York, Larry W. Davis, Sr, Walter Nin, Arthur Olivari.(ja) (Entered: 06/22/2012)

June 22, 2012

June 22, 2012

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Letter addressed to Judge Robert P. Patterson, from Diep Nguyen, dated 6/20/2012, re: writing to respond to plaintiff's June 20, 2012 letter and to clarify one point in the letter I sent to the Court tonight. Defendants already produced a privilege log and cover letter for all of the documents previously produced. The only cover letter and privilege log that remain to be sent to plaintiff as of earlier today (and has now been sent) are for the new 7,800 pages of documents that defendants delivered to plaintiff this week. Document filed by Emmanuel Bailey, City of New York, Larry W. Davis, Sr, Walter Nin, Arthur Olivari.(ja) (Entered: 06/22/2012)

June 22, 2012

June 22, 2012

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ENDORSED LETTER addressed to Magistrate Judge Frank Maas from Adam R. Pulver dated 6/22/2012 re: In order to better advise the Court of the state of evidence and make for a more meaningful settlement conference, we thus respectfully request plaintiff be allowed until 10:00 a.m. on Monday, June 25, 2012, to file its settlement letter. ENDORSEMENT: Approved. (Signed by Magistrate Judge Frank Maas on 6/22/2012) (djc) (Entered: 06/25/2012)

June 25, 2012

June 25, 2012

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Letter addressed to Judge Robert P. Patterson, Jr. from Diep Nguyen dated 6/22/2012 re: I write to respectfully respond to plaintiff's June 21, 2012 letter. Document filed by Emmanuel Bailey, City of New York, Larry W. Davis, Sr, Walter Nin, Arthur Olivari.(ama) (Entered: 06/29/2012)

June 29, 2012

June 29, 2012

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43

OPINION AND ORDER: #102040 For the reasons stated herein, the Court will impose sanctions on Defendants for repeatedly failing to comply with this Court's discovery orders. Therefore, based on Defendants' counsel's failure to respond to Plaintiff's Document Requests Nos. 9, 14, 21, and 25, the Court imposes sanctions on the New York City Law Department in the amount of $10,000. The Court further orders sanctions upon Assistant Corporation Counsel Diep Nguyen in the amount of $300, and upon Assistant Corporation Counsel Dara Weiss in the amount of$300. Defendants are ordered to confirm production of all "First Stage" discovery by July 20, 2012 or face further sanctions on the Law Department of $1000 a day for every day after July 20, 2012 until such production is complete. (Signed by Judge Robert P. Patterson on 7/8/2012) Copies Faxed By Chambers. (jfe) Modified on 7/10/2012 (jab). (Entered: 07/09/2012)

July 9, 2012

July 9, 2012

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TRANSCRIPT of Proceedings re: CONFERNCE held on 6/7/2012 before Judge Robert P. Patterson. Court Reporter/Transcriber: Michael McDaniel, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 8/10/2012. Redacted Transcript Deadline set for 8/20/2012. Release of Transcript Restriction set for 10/18/2012.(McGuirk, Kelly) (Entered: 07/17/2012)

July 17, 2012

July 17, 2012

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NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERENCE proceeding held on 6/7/12 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...(McGuirk, Kelly) (Entered: 07/17/2012)

July 17, 2012

July 17, 2012

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ENDORSED LETTER addressed to Judge Robert P. Patterson from Muriel Goode-Trufant dated 7/19/2012 re: In light of the settlement, the City respectfully requests that the Court vacate its Order of July 9, 2012, including the requirement that the City Defendants confirm the production of first stage discovery by July 20, 2012, as well as the financial sanctions imposed upon the New York City Law Department and upon attorneys Diep Nguyen and Dara Weiss. ENDORSEMENT: Application granted. In view of the plaintiff's settlement, and consent to the Court relieving the Law Department, Diep Nguyen and Dara Weiss of the financial sanctions imposed in the Order of July 9, 2012, those financial sanctions are hereby ordered not to be enforced. (Signed by Judge Robert P. Patterson on 7/23/2012) (lmb) Modified on 7/30/2012 (tro). (Entered: 07/24/2012)

July 23, 2012

July 23, 2012

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STIPULATION OF SETTLEMENT AND ORDER OF DISMISSAL: NOW, THEREFORE, IT IS HEREBY STIPULATED AND AGREED, by and between the undersigned, as follows: The above-referenced action is hereby dismissed against defendants, with prejudice, and without costs, expenses, or attorneys' fees in excess of the amount specified in paragraph "2" below. And as set forth in this Order. SO ORDERED. (Signed by Judge Robert P. Patterson on 8/31/2012) (ama) (Entered: 08/31/2012)

Aug. 31, 2012

Aug. 31, 2012

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LETTER from Ammon Ra Sumral dated 9/29/15 re: Non-party Ammon Ra Sumral requests that the Court Clerk's Office send him copies of the complaints and summary judgment orders which were filed in these cases. (sc) (Entered: 10/07/2015)

Oct. 6, 2015

Oct. 6, 2015

PACER

Case Details

State / Territory: New York

Case Type(s):

Jail Conditions

Special Collection(s):

Multi-LexSum (in sample)

Key Dates

Filing Date: Aug. 12, 2011

Closing Date: 2012

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Inmate in New York jail

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

Legal Services/Legal Aid

Emery Celli Brinckerhoff & Abady LLP

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

City of New York, City

Defendant Type(s):

Corrections

Facility Type(s):

Government-run

Case Details

Causes of Action:

42 U.S.C. § 1983

Constitutional Clause(s):

Cruel and Unusual Punishment

Available Documents:

Trial Court Docket

Complaint (any)

Monetary Relief

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Attorneys fees

Damages

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Amount Defendant Pays: 850,000

Issues

General/Misc.:

Failure to discipline

Failure to supervise

Incident/accident reporting & investigations

Jails, Prisons, Detention Centers, and Other Institutions:

Assault/abuse by non-staff (facilities)

Assault/abuse by staff (facilities)

Medical/Mental Health Care:

Medical care, general