Case: Washington v. City of New York

1:18-cv-12306 | U.S. District Court for the Southern District of New York

Filed Date: Dec. 28, 2018

Case Ongoing

Clearinghouse coding complete

Case Summary

On December 28, 2018, four pre-trial detainees filed this putative class action lawsuit in the U.S. District Court for the Southern District of New York. The plaintiffs sued the New York City Department of Corrections (DOC), the Albany County Correctional Facility, and the Albany County Sheriff's Office under 42 U.S.C. § 1983. The plaintiffs, represented by private counsel, sought declaratory and injunctive relief, damages, and attorney's fees. The plaintiffs alleged that the defendants violate…

On December 28, 2018, four pre-trial detainees filed this putative class action lawsuit in the U.S. District Court for the Southern District of New York. The plaintiffs sued the New York City Department of Corrections (DOC), the Albany County Correctional Facility, and the Albany County Sheriff's Office under 42 U.S.C. § 1983. The plaintiffs, represented by private counsel, sought declaratory and injunctive relief, damages, and attorney's fees. The plaintiffs alleged that the defendants violated their First Amendment, Fourth Amendment, Fourteenth Amendment rights and committed assault and battery during their transfer from Rikers Island to the Albany County Correctional Facility.

In separate instances, all four plaintiffs were detained at Rikers Island when they were transferred to the Albany County Correctional Facility. The correctional officers did not provide the plaintiffs with a reason for their transfer or notify their families or attorneys. The plaintiffs shared similar experiences upon arrival at the Albany County Correctional Facility. Plaintiffs alleged that the correctional officers at the facility severely beat and sexually assaulted them while they were being processed for intake. While shackled and handcuffed, several officers kicked and stomped on the plaintiffs until they were unconscious. After, the plaintiffs were forced to remove their clothing and follow a series of detailed instructions. If they did not properly comply, the defendants would assault them. The defendants accused all plaintiffs of carrying contraband in their rectums and an officer would then proceed to digitally assault them. In some instances, the plaintiffs were continually tasered and beaten after their strip searches. The plaintiffs claimed that the Albany County Correctional Facility reported each assault as a disciplinary infraction and accused each plaintiff of attacking staff members inside the booking cell. Afraid of retaliation, the plaintiffs did not testify during their disciplinary hearings and were sentenced to nine to ten months in punitive segregation.

On January 28, 2019, plaintiffs' counsel filed a motion for preliminary injunction on behalf of one detainee who remained in the custody of the Albany County Correctional Facility. They requested: (1) for the court to transfer the plaintiff to a correctional facility in New York City operated by DOC while the case was pending and until his release; (2) in the alternative, to remove him from punitive segregation at the Albany County Correctional Facility; or (3) temporarily release him from punitive segregation, provide a new disciplinary hearing that has minimum due process standards, and give him access to unmonitored legal telephone calls with counsel throughout the pendency of the lawsuit. The next day, the plaintiffs filed an amended complaint that provided class allegations and requested class certification.

The New York City Department of Corrections moved to dismiss and sought to join the State Commission of Corrections (SCOC) as a defendant. The City defendants argued that the lawsuit should be dismissed on grounds that: (1) the plaintiffs failed to exhaust in accordance with the Prison Litigation Reform Act (PLRA); (2) liability for any constitutional violations regarding transfers to Albany should be directed to the SCOC, thus, the case should be dismissed for failing to join a necessary party; (3) the plaintiff’s claim for permanent injunctive relief should be dismissed for lack of subject matter jurisdiction; and (4) the plaintiffs failed to state a claim on all twenty-two causes of action that implicated the City defendants. Shortly thereafter, the Albany County Sheriff’s Office defendants and a defendant who worked as a nurse in the Albany County Correctional Facility both filed motions to sever and transfer the claims directed against them from the claims against the City defendants to the U.S. District Court for the Northern District of New York.

On March 28, 2019, the plaintiffs filed a motion to certify a class that consisted of all pretrial detainees who were or would be detained at the Albany County Correctional Facility pursuant to substitute jail orders obtained by the City of New York. On April 4, 2019, Chief Judge Colleen McMahon explained that she would not be considering the issue of class certification any time soon, given the other motions. In Judge McMahon's decision and order on April 30, 2019, she denied the plaintiffs' motion for a preliminary injunction, the City defendant's motion to dismiss, and the Albany County defendants' motion to sever and order to transfer. 2019 WL 212052.

On June 6, 2019, the plaintiffs filed a second amended complaint that addressed pending custody status of several plaintiffs who no longer were in custody at the Albany County Correctional Facility. On June 12, 2019, Judge McMahon issued an order that granted the Albany County defendants' request for a stay until August 31, 2019, for one of the correctional officers on military leave.

On June 27, 2019 the case was referred to Magistrate Judge Stewart D. Aaron for settlement talks. The Corrections Officers Benevolent Association formally requested to participate on July 5, 2019. Its request was denied on July 9, 2019: it was not party to the case, and none of the parties consented to its participation.

On July 16, 2019, a settlement conference was held. Settlement talks then continued, and the case was stayed. On October 18, the parties reached a settlement agreement.

The City of New York agreed to pay three individual plaintiffs $75,000, plus their pro rata shares of attorneys' fees. The County of Albany did the same, in addition to paying a fourth plaintiff $220,000. The plaintiffs obtained a total of $310,000 in attorneys' fees. The settlement also specified that the City of New York would not seek substitute jail orders to transfer anyone in the NYC DOC to the Albany County Correctional Facility from the date of the agreement to December 31, 2021.

Persons being transferred outside of the City of New York upon a substitute jail order would be given a notice stating:

“a. Where the inmate is being transferred: b. That the transfer is pursuant to a substitute jail order; c. The reason for the transfer; d. That the inmate will be brought back to New York City for court dates; e. That the inmate will be subject to the rules and regulations of the new jail, including rules about visiting; f. That the new jail is governed by New York State’s Minimum Standards for Management of County Jails; g. That the inmate has the right to make phone calls to the inmate’s lawyer; and h. That if the inmate wants to talk to his lawyer to let them know where they are being moved the inmate, he/she should ask the staff at the new jail.”
Additionally, from January 1, 2022 – December 31, 2023, any persons New York City DOC housed in Albany County Correctional Facility would be subject to the limits on punitive segregation contained in 40 R.C.N.Y §§ 1-17(a-g), including age restrictions and enhanced due process protections like the ability to call witnesses at infraction hearings.

The case was dismissed with prejudice on October 21, 2019 pursuant to the terms of the settlement agreement, but the court retained jurisdiction to enforce the agreement.

Summary Authors

Kimberly Goshey (6/12/2019)

Samuel Poortenga (3/8/2021)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/8465192/parties/washington-v-city-of-new-york/


Judge(s)

Aaron, Stewart D (New York)

McMahon, Colleen (New York)

Attorneys(s) for Plaintiff

Brennan, Timothy S (Illinois)

Goldman, Steven H. (New York)

Lieb, Douglas E. (New York)

Rosenfeld, Katherine (New York)

Attorneys(s) for Defendant

Breslow, Stephanie Marie (New York)

Goldstein, Michael (New York)

Phelan, Robin Bartlett (New York)

Tripp, Timothy Patrick (New York)

Judge(s)

Aaron, Stewart D (New York)

McMahon, Colleen (New York)

Attorneys(s) for Plaintiff

Brennan, Timothy S (Illinois)

Goldman, Steven H. (New York)

Lieb, Douglas E. (New York)

Rosenfeld, Katherine (New York)

Attorneys(s) for Defendant

Breslow, Stephanie Marie (New York)

Goldstein, Michael (New York)

Phelan, Robin Bartlett (New York)

Tripp, Timothy Patrick (New York)

Weall, Katherine Jane (New York)

Zuckerman, Mark (New York)

Other Attorney(s)

Wien, Howard (New York)

Expert/Monitor/Master

Liguori, John William (New York)

Documents in the Clearinghouse

Document

Docket [PACER]

Oct. 21, 2019 Docket
1

Complaint with Jury Demand

Dec. 28, 2018 Complaint
94

Decision and Order on the City Defendants' Motion to Dismiss, The Albany Defendants' Motion to Sever, and Plaintiff Espinal's Motion for A Preliminary Injunction

2019 WL 2120524

April 30, 2019 Order/Opinion
112

Second Amended Class Action with Jury Demand

June 6, 2019 Complaint
166

Letter to Judge McMahon re Settlement Agreement

Oct. 18, 2019 Pleading / Motion / Brief

Docket

See docket on RECAP: https://www.courtlistener.com/docket/8465192/washington-v-city-of-new-york/

Last updated May 12, 2022

ECF Number Description Date Link
1

COMPLAINT against Vincent Adams, Damien Anzalone, Craig D Apple, Sr, Michael Beliveau, Cynthia Brann, "John" Colangione, County of Albany, Anthony Degonza, Frank Foe #13, Frank Foe Shield #323, Frank Foe Shield #99, Frank Foes #1-12, Frank Foes #14-16, Frank Foes #17-18, Frank Foes #19-21, Michael Grimes, Josiah Haley, "John" Harris, Frank Harris, Jarred Jarosz, Timothy Kehn, Joseph Kelly, Matthew Labombard, Ryan Lawson, Michael Lyons, Melissa "Missy" Mylroie, Dan Poole, Eugene Ratigan, William Reddy, Trent Shaver, Brian Sullivan, The City of New York, Kelly Thompson, Thuan Ton, Anthony Torrisi, Mark Valvo, Jane Walker, John Williams. (Filing Fee $ 400.00, Receipt Number ANYSDC-16116766)Document filed by Steven Espinal, Davon Washington, Pariis Tillery, John Doe.(Rosenfeld, Katherine) (Entered: 12/28/2018)

Dec. 28, 2018 RECAP
2

CIVIL COVER SHEET filed. (Rosenfeld, Katherine) (Entered: 12/28/2018)

Dec. 28, 2018 PACER
3

FILING ERROR - DEFICIENT PLEADING - SUMMONS REQUEST As To - REQUEST FOR ISSUANCE OF SUMMONS as to The City of New York, et al., re: 1 Complaint,,,. Document filed by John Doe, Steven Espinal, Pariis Tillery, Davon Washington. (Rosenfeld, Katherine) Modified on 1/2/2019 (pc). (Entered: 12/28/2018)

Dec. 28, 2018 PACER
4

NOTICE OF APPEARANCE by Douglas Edward Lieb on behalf of John Doe, Steven Espinal, Pariis Tillery, Davon Washington. (Lieb, Douglas) (Entered: 12/28/2018)

Dec. 28, 2018 PACER

***NOTICE TO ATTORNEY REGARDING CIVIL. CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Katherine R. Rosenfeld. The following case opening statistical information was erroneously selected/entered: County code New York;. The following correction(s) have been made to your case entry: the County code has been modified to Bronx;. (pc)

Jan. 2, 2019 PACER

***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney Katherine R. Rosenfeld to RE-FILE Document No. 3 Request for Issuance of Summons,. The filing is deficient for the following reason(s): Write the name of each party listed on the summons on the docket entry. Not 'City of New York, et al.';. Re-file the document using the event type Request for Issuance of Summons found under the event list Service of Process - select the correct filer/filers - and attach the correct summons form PDF. (pc)

Jan. 2, 2019 PACER

CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Colleen McMahon. Please download and review the Individual Practices of the assigned District Judge, located at http://nysd.uscourts.gov/judges/District. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. Please download and review the ECF Rules and Instructions, located at http://nysd.uscourts.gov/ecf_filing.php. (pc)

Jan. 2, 2019 PACER

Magistrate Judge Stewart D. Aaron is so designated. Pursuant to 28 U.S.C. Section 636(c) and Fed. R. Civ. P. 73(b)(1) parties are notified that they may consent to proceed before a United States Magistrate Judge. Parties who wish to consent may access the necessary form at the following link: http://nysd.uscourts.gov/forms.php. (pc)

Jan. 2, 2019 PACER

Case Designated ECF. (pc)

Jan. 2, 2019 PACER
5

FILING ERROR - DEFICIENT PLEADING - SUMMONS REQUEST As To - REQUEST FOR ISSUANCE OF SUMMONS as to THE CITY OF NEW YORK; NEW YORK, re: 1 Complaint. Document filed by John Doe, Steven Espinal, Pariis Tillery, Davon Washington. (Lieb, Douglas) Modified on 1/2/2019 (pne). (Entered: 01/02/2019)

Jan. 2, 2019 PACER
6

REQUEST FOR ISSUANCE OF SUMMONS as to The City of New York; New York City Department of Correction ("DOC") Commissioner Cynthia Brann; DOC Bureau Chief Brian Sullivan; DOC Deputy Warden "Jane" Walker; DOC Captain "John" Williams; DOC Correction Officers Frank Foes #1-12; County of Albany; Albany County Sheriff Craig D. Apple, Sr.; Albany County Correctional Facility Superintendent Michael Lyons; Lieutenants Anthony Torrisi, Mark Valvo, Frank Foe #13 a.k.a. "Superman," and Frank Foes #14-16; Captain "John" Harris; Sergeants Dan Poole, Michael Grimes, "John" Colangione, and Frank Foes #17-18, Correction Officers Matthew Labombard, Josiah Haley, Michael Beliveau, Vincent Adams, Joseph Kelly, William Reddy, Damien Anzalone, Ryan Lawson, Jarred Jarosz, Frank Harris, Thuan Ton, Timothy Kehn, Trent Shaver, Eugene Ratigan, Anthony Degonza, Kelly Thompson, Frank Foe Shield #99, Frank Foe Shield #323, and Frank Foes #19-21; and Nurse Melissa "Missy" Mylroie, re: 1 Complaint,,,. Document filed by John Doe, Steven Espinal, Pariis Tillery, Davon Washington. (Lieb, Douglas) (Entered: 01/02/2019)

Jan. 2, 2019 PACER
7

ELECTRONIC SUMMONS ISSUED as to Vincent Adams, Damien Anzalone, Craig D Apple, Sr, Michael Beliveau, Cynthia Brann, City Of New York, "John" Colangione, County of Albany, Anthony Degonza, Frank Foe #13, Frank Foe Shield #323, Frank Foe Shield #99, Frank Foes #1-12, Frank Foes #14-16, Frank Foes #17-18, Frank Foes #19-21, Michael Grimes, Josiah Haley, "John" Harris, Frank Harris, Jarred Jarosz, Timothy Kehn, Joseph Kelly, Matthew Labombard, Ryan Lawson, Michael Lyons, Melissa "Missy" Mylroie, Dan Poole, Eugene Ratigan, William Reddy, Trent Shaver, Brian Sullivan, Kelly Thompson, Thuan Ton, Anthony Torrisi, Mark Valvo, Jane Walker, John Williams. (pne) (Entered: 01/03/2019)

Jan. 3, 2019 PACER
8

NOTICE OF APPEARANCE by Steven H. Goldman on behalf of John Doe, Steven Espinal, Pariis Tillery, Davon Washington. (Goldman, Steven) (Entered: 01/03/2019)

Jan. 3, 2019 PACER
9

MOTION to Proceed Anonymously . Document filed by John Doe, Steven Espinal, Pariis Tillery, Davon Washington.(Lieb, Douglas) (Entered: 01/04/2019)

Jan. 4, 2019 PACER
10

MEMORANDUM OF LAW in Support re: 9 MOTION to Proceed Anonymously . . Document filed by John Doe, Steven Espinal, Pariis Tillery, Davon Washington. (Lieb, Douglas) (Entered: 01/04/2019)

Jan. 4, 2019 PACER
11

ORDER SCHEDULING AND INITIAL PRETRIAL CONFERENCE: Initial Conference set for 3/1/2019 at 11:30 AM in Courtroom 24A, 500 Pearl Street, New York, NY 10007 before Judge Colleen McMahon. (Signed by Judge Colleen McMahon on 1/8/2019) (rj) (Entered: 01/08/2019)

Jan. 8, 2019 PACER
12

SUMMONS RETURNED EXECUTED Summons and Complaint,,, served. City Of New York served on 1/7/2019, answer due 1/28/2019. Service was accepted by Ariton Marke. Document filed by Steven Espinal; Davon Washington; Pariis Tillery; John Doe. (Rosenfeld, Katherine) (Entered: 01/15/2019)

Jan. 15, 2019 PACER
13

SUMMONS RETURNED EXECUTED Summons and Complaint,,, served. Vincent Adams served on 1/7/2019, answer due 1/28/2019; Damien Anzalone served on 1/7/2019, answer due 1/28/2019; Craig D Apple, Sr served on 1/7/2019, answer due 1/28/2019; Michael Beliveau served on 1/7/2019, answer due 1/28/2019; "John" Colangione served on 1/7/2019, answer due 1/28/2019; Anthony Degonza served on 1/7/2019, answer due 1/28/2019; Michael Grimes served on 1/7/2019, answer due 1/28/2019; Josiah Haley served on 1/7/2019, answer due 1/28/2019; "John" Harris served on 1/7/2019, answer due 1/28/2019; Frank Harris served on 1/7/2019, answer due 1/28/2019; Jarred Jarosz served on 1/7/2019, answer due 1/28/2019; Timothy Kehn served on 1/7/2019, answer due 1/28/2019; Joseph Kelly served on 1/7/2019, answer due 1/28/2019; Matthew Labombard served on 1/7/2019, answer due 1/28/2019; Ryan Lawson served on 1/7/2019, answer due 1/28/2019; Michael Lyons served on 1/7/2019, answer due 1/28/2019; Dan Poole served on 1/7/2019, answer due 1/28/2019; Eugene Ratigan served on 1/7/2019, answer due 1/28/2019; William Reddy served on 1/7/2019, answer due 1/28/2019; Trent Shaver served on 1/7/2019, answer due 1/28/2019; Kelly Thompson served on 1/7/2019, answer due 1/28/2019; Thuan Ton served on 1/7/2019, answer due 1/28/2019; Anthony Torrisi served on 1/7/2019, answer due 1/28/2019; Mark Valvo served on 1/7/2019, answer due 1/28/2019. Service was accepted by Michael S. Monteleone, Undersheriff. Service was made by Mail. Document filed by Steven Espinal; Davon Washington; Pariis Tillery; John Doe. (Rosenfeld, Katherine) (Entered: 01/15/2019)

Jan. 15, 2019 PACER
14

SUMMONS RETURNED EXECUTED Summons and Complaint,,, served. County of Albany served on 1/7/2019, answer due 1/28/2019. Service was accepted by Mary Heffner. Document filed by Steven Espinal; Davon Washington; Pariis Tillery; John Doe. (Rosenfeld, Katherine) (Entered: 01/15/2019)

Jan. 15, 2019 PACER
15

SUMMONS RETURNED EXECUTED Summons and Complaint,,, served. Melissa "Missy" Mylroie served on 1/9/2019, answer due 1/30/2019. Service was accepted by Nurse Melissa "Missy" Mylroie (Personally Served). Document filed by Steven Espinal; Davon Washington; Pariis Tillery; John Doe. (Rosenfeld, Katherine) (Entered: 01/15/2019)

Jan. 15, 2019 PACER
16

SUMMONS RETURNED EXECUTED Summons and Complaint,,, served. Cynthia Brann served on 1/7/2019, answer due 1/28/2019; Brian Sullivan served on 1/7/2019, answer due 1/28/2019; Jane Walker served on 1/7/2019, answer due 1/28/2019; John Williams served on 1/7/2019, answer due 1/28/2019. Service was accepted by C.O. 'JOHN' Morgan, Co-Worker of Defendants. Service was made by Mail. Document filed by Steven Espinal; Davon Washington; Pariis Tillery; John Doe. (Rosenfeld, Katherine) (Entered: 01/15/2019)

Jan. 15, 2019 PACER
17

NOTICE OF APPEARANCE by Mark David Zuckerman on behalf of Cynthia Brann, City Of New York. (Zuckerman, Mark) (Entered: 01/16/2019)

Jan. 16, 2019 PACER
18

CONSENT LETTER MOTION for Extension of Time to File Answer or otherwise respond to the complaint addressed to Judge Colleen McMahon from Mark D. Zuckerman dated January 17, 2019. Document filed by Cynthia Brann, City Of New York.(Zuckerman, Mark) (Entered: 01/17/2019)

Jan. 17, 2019 PACER
19

CONSENT LETTER MOTION for Extension of Time to File Response/Reply (Response to motion of plaintiff John Doe to proceed anonymously at Docket 10) addressed to Judge Colleen McMahon from Mark D. Zuckerman dated January 17, 2019. Document filed by Cynthia Brann, City Of New York.(Zuckerman, Mark) (Entered: 01/17/2019)

Jan. 17, 2019 PACER
20

NOTICE OF APPEARANCE by Katherine Jane Weall on behalf of Cynthia Brann, City Of New York. (Weall, Katherine) (Entered: 01/17/2019)

Jan. 17, 2019 PACER
21

ORDER granting 18 Letter Motion for Extension of Time to Answer. Ok. Cynthia Brann answer due 2/25/2019; City Of New York answer due 2/25/2019. (Signed by Judge Colleen McMahon on 1/17/2019) (mml) (Entered: 01/17/2019)

Jan. 17, 2019 PACER
22

NOTICE OF APPEARANCE by Robin Bartlett Phelan on behalf of Melissa "Missy" Mylroie. (Phelan, Robin) (Entered: 01/18/2019)

Jan. 18, 2019 PACER
23

ORDER granting 19 Letter Motion for Extension of Time to File Response/Reply. Granted, Responses due by 1/25/2019 (Signed by Judge Colleen McMahon on 1/17/2019) (cf) (Entered: 01/18/2019)

Jan. 18, 2019 PACER
24

NOTICE OF APPEARANCE by Timothy Patrick Tripp on behalf of Melissa "Missy" Mylroie. (Tripp, Timothy) (Entered: 01/22/2019)

Jan. 22, 2019 PACER
25

RESPONSE to Motion re: 9 MOTION to Proceed Anonymously . . Document filed by Melissa "Missy" Mylroie. (Tripp, Timothy) (Entered: 01/22/2019)

Jan. 22, 2019 PACER
26

NOTICE OF APPEARANCE by John William Liguori on behalf of Damien Anzalone, Craig D Apple, Sr, Michael Beliveau, "John" Colangione, County of Albany, Anthony Degonza, Frank Foe Shield #323, Frank Foe Shield #99, Michael Grimes, Josiah Haley, "John" Harris, Frank Harris, Jarred Jarosz, Timothy Kehn, Joseph Kelly, Matthew Labombard, Ryan Lawson, Michael Lyons, Dan Poole, Eugene Ratigan, William Reddy, Trent Shaver, Kelly Thompson, Thuan Ton, Anthony Torrisi, Mark Valvo. (Liguori, John) (Entered: 01/24/2019)

Jan. 24, 2019 PACER
27

FIRST LETTER MOTION for Extension of Time to File Answer addressed to Judge Colleen McMahon from John Liguori dated 1/24/19. Document filed by Vincent Adams, Damien Anzalone, Craig D Apple, Sr, Michael Beliveau, "John" Colangione, County of Albany, Anthony Degonza, Frank Foe Shield #323, Frank Foe Shield #99, Michael Grimes, Josiah Haley, "John" Harris, Frank Harris, Jarred Jarosz, Timothy Kehn, Joseph Kelly, Matthew Labombard, Ryan Lawson, Michael Lyons, Dan Poole, Eugene Ratigan, William Reddy, Trent Shaver, Kelly Thompson, Thuan Ton, Anthony Torrisi, Mark Valvo.(Liguori, John) (Entered: 01/24/2019)

Jan. 24, 2019 PACER
28

RESPONSE to Motion re: 9 MOTION to Proceed Anonymously . . Document filed by Cynthia Brann, City Of New York. (Zuckerman, Mark) (Entered: 01/25/2019)

Jan. 25, 2019 PACER
29

ORDER granting 27 Letter Motion for Extension of Time to Answer. Ok - but it is not clear to me that the claims against the Albany defendants should be litigated in this Court. Vincent Adams answer due 2/25/2019; Damien Anzalone answer due 2/25/2019; Craig D Apple, Sr answer due 2/25/2019; Michael Beliveau answer due 2/25/2019; "John" Colangione answer due 2/25/2019; County of Albany answer due 2/25/2019; Anthony Degonza answer due 2/25/2019; Frank Foe #13 answer due 2/25/2019; Frank Foe Shield #323 answer due 2/25/2019; Frank Foe Shield #99 answer due 2/25/2019; Michael Grimes answer due 2/25/2019; Josiah Haley answer due 2/25/2019; "John" Harris answer due 2/25/2019; Frank Harris answer due 2/25/2019; Jarred Jarosz answer due 2/25/2019; Timothy Kehn answer due 2/25/2019; Joseph Kelly answer due 2/25/2019; Matthew Labombard answer due 2/25/2019; Ryan Lawson answer due 2/25/2019; Michael Lyons answer due 2/25/2019; Dan Poole answer due 2/25/2019; Eugene Ratigan answer due 2/25/2019; William Reddy answer due 2/25/2019; Trent Shaver answer due 2/25/2019; Kelly Thompson answer due 2/25/2019; Thuan Ton answer due 2/25/2019; Anthony Torrisi answer due 2/25/2019; Mark Valvo answer due 2/25/2019. (Signed by Judge Colleen McMahon on 1/28/2019) (mml) (Entered: 01/28/2019)

Jan. 28, 2019 PACER
30

FILING ERROR - PDF ERROR - FIRST AMENDED COMPLAINT amending 1 Complaint,,, against Vincent Adams, Damien Anzalone, Craig D Apple, Sr, Michael Beliveau, Cynthia Brann, City Of New York, "John" Colangione, County of Albany, Anthony Degonza, Frank Foe #13, Frank Foe Shield #323, Frank Foe Shield #99, Frank Foes #1-12, Frank Foes #14-16, Frank Foes #17-18, Frank Foes #19-21, Michael Grimes, Josiah Haley, "John" Harris, Frank Harris, Jarred Jarosz, Timothy Kehn, Joseph Kelly, Matthew Labombard, Ryan Lawson, Michael Lyons, Melissa "Missy" Mylroie, Dan Poole, Eugene Ratigan, William Reddy, Trent Shaver, Brian Sullivan, Kelly Thompson, Thuan Ton, Anthony Torrisi, Mark Valvo, Jane Walker, John Williams with JURY DEMAND.Document filed by Steven Espinal, Davon Washington, Pariis Tillery, John Doe. Related document: 1 Complaint,,,.(Rosenfeld, Katherine) Modified on 1/29/2019 (jgo). (Entered: 01/28/2019)

Jan. 28, 2019 PACER
31

MOTION for Preliminary Injunction . Document filed by Steven Espinal.(Rosenfeld, Katherine) (Entered: 01/28/2019)

Jan. 28, 2019 PACER
32

MEMORANDUM OF LAW in Support re: 31 MOTION for Preliminary Injunction . . Document filed by Steven Espinal. (Rosenfeld, Katherine) (Entered: 01/28/2019)

Jan. 28, 2019 PACER
33

DECLARATION of Steven Espinal in Support re: 31 MOTION for Preliminary Injunction .. Document filed by Steven Espinal. (Rosenfeld, Katherine) (Entered: 01/28/2019)

Jan. 28, 2019 PACER
34

DECLARATION of Pariis Tillery in Support re: 31 MOTION for Preliminary Injunction .. Document filed by Steven Espinal. (Rosenfeld, Katherine) (Entered: 01/28/2019)

Jan. 28, 2019 PACER
35

DECLARATION of Dr. Andrea Weisman in Support re: 31 MOTION for Preliminary Injunction .. Document filed by Steven Espinal. (Rosenfeld, Katherine) (Entered: 01/28/2019)

Jan. 28, 2019 PACER
36

DECLARATION of Robert M. Quackenbush in Support re: 31 MOTION for Preliminary Injunction .. Document filed by Steven Espinal. (Attachments: # 1 Exhibit A- Affirmation of Robert M. Quackenbush)(Rosenfeld, Katherine) (Entered: 01/28/2019)

Jan. 28, 2019 PACER
37

DECLARATION of Ruben Dario Fernandez in Support re: 31 MOTION for Preliminary Injunction .. Document filed by Steven Espinal. (Rosenfeld, Katherine) (Entered: 01/28/2019)

Jan. 28, 2019 PACER
38

DECLARATION of Katherine Rosenfeld in Support re: 31 MOTION for Preliminary Injunction .. Document filed by Steven Espinal. (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, # 11 Exhibit 11, # 12 Exhibit 12, # 13 Exhibit 13, # 14 Exhibit 14, # 15 Exhibit 15, # 16 Exhibit 16, # 17 Exhibit 17, # 18 Exhibit 18, # 19 Exhibit 19, # 20 Exhibit 20, # 21 Exhibit 21, # 22 Exhibit 22, # 23 Exhibit 23, # 24 Exhibit 24, # 25 Exhibit 25, # 26 Exhibit 26, # 27 Exhibit 27, # 28 Exhibit 28, # 29 Exhibit 29, # 30 Exhibit 30)(Rosenfeld, Katherine) (Entered: 01/28/2019)

Jan. 28, 2019 PACER
39

LETTER addressed to Judge Colleen McMahon from Katherine Rosenfeld dated January 28, 2019 re: requesting narrowly tailored expedited discovery. Document filed by Steven Espinal. (Attachments: # 1 Exhibit A)(Rosenfeld, Katherine) (Entered: 01/28/2019)

Jan. 28, 2019 PACER
40

MEMO ENDORSEMENT on re: 39 Letter filed by Steven Espinal. ENDORSEMENT: Conference on for 2/8/19 at 10:00 a.m. Participants in Albany may appear by phone by calling Chambers at the specified date and time above. ( Telephone Conference set for 2/8/2019 at 10:00 AM before Judge Colleen McMahon.) (Signed by Judge Colleen McMahon on 1/29/2019) (mro) (Entered: 01/29/2019)

Jan. 29, 2019 PACER

***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney Katherine R. Rosenfeld to RE-FILE re: Document No. 30 Amended Complaint. The filing is deficient for the following reason(s): all of the parties listed on the pleading were not entered on CM ECF. Add parties Davon Washington with party text 'on behalf of himself and all others similarly situated', Pariis Tillery with party text 'on behalf of himself and all others similarly situated', John Doe with party text 'on behalf of himself and all others similarly situated', Steven Espinal with party text 'on behalf of himself and all others similarly situated', Sharlisa Walker with party text 'DOC Deputy Warden', and, Edward Williams with party text 'DOC Captain'; the wrong party/parties whom the pleading is against were selected;. Docket the event type Add Party to Pleading found under the event list Complaints and Other Initiating Documents.. Re-file the pleading using the event type Amended Complaint found under the event list Complaints and Other Initiating Documents - attach the correct signed PDF - select the individually named filer/filers - select the individually named party/parties the pleading is against. (jgo)

Jan. 29, 2019 PACER
41

FIRST AMENDED COMPLAINT amending 1 Complaint,,, against Vincent Adams, Damien Anzalone, Craig D Apple, Sr, Michael Beliveau, Cynthia Brann, City Of New York, "John" Colangione, County of Albany, Anthony Degonza, Frank Foe #13, Frank Foe Shield #323, Frank Foe Shield #99, Frank Foes #1-12, Frank Foes #14-16, Frank Foes #17-18, Frank Foes #19-21, Michael Grimes, Josiah Haley, "John" Harris, Frank Harris, Jarred Jarosz, Timothy Kehn, Joseph Kelly, Matthew Labombard, Ryan Lawson, Michael Lyons, Melissa "Missy" Mylroie, Dan Poole, Eugene Ratigan, William Reddy, Trent Shaver, Brian Sullivan, Kelly Thompson, Thuan Ton, Anthony Torrisi, Mark Valvo, Sharlisa Walker, Edward Williams with JURY DEMAND.Document filed by Davon Washington, Pariis Tillery, John Doe, Steven Espinal. Related document: 1 Complaint,,,.(Rosenfeld, Katherine) (Entered: 01/29/2019)

Jan. 29, 2019 RECAP
42

CONSENT LETTER addressed to Judge Colleen McMahon from Mark D. Zuckerman dated January 29, 2019 re: responses to request for expedited discovery and application for preliminary injunction. Document filed by Cynthia Brann, City Of New York.(Zuckerman, Mark) (Entered: 01/29/2019)

Jan. 29, 2019 PACER
43

MEMO ENDORSEMENT on re: 42 Letter, filed by City Of New York, Cynthia Brann. ENDORSEMENT: Ok. (Signed by Judge Colleen McMahon on 1/30/2019) (mml) (Entered: 01/30/2019)

Jan. 30, 2019 PACER
44

LETTER addressed to Judge Colleen McMahon from Mark D. Zuckerman dated February 5, 2019 re: response to plaintiff's request for expedited discovery at Docket 39 and request to combine briefing on application for preliminary injunction with proposed motion to dismiss. Document filed by Cynthia Brann, City Of New York. (Attachments: # 1 Exhibit A-D)(Zuckerman, Mark) (Entered: 02/05/2019)

Feb. 5, 2019 PACER
45

LETTER addressed to Judge Colleen McMahon from Douglas E. Lieb dated February 6, 2019 re: Response to City Defendants' Request for Consolidated Briefing [Dkt 44]. Document filed by Steven Espinal(on behalf of himself and all others similarly situated ).(Lieb, Douglas) (Entered: 02/06/2019)

Feb. 6, 2019 PACER
46

MEMO ENDORSEMENT on re: 45 Letter, filed by Steven Espinal. ENDORSEMENT: Look, I do not take letter motions and I do not accept letter briefs in response to motions. So everyone get this straight - if Plaintiff wants to MOVE for expedited discovery MAKE A MOTION WITH ALL SUPPORTING PAPERS. Defendant(s) must RESPOND WITH PROPER PAPERS AND A BRIEF. If I were the City, I would move to dismiss promptly - and in response to the preliminary injunction motion to which a response is due on Feb. 11. (Responses due by 2/11/2019.) (Signed by Judge Colleen McMahon on 2/6/2019) (mml) (Entered: 02/07/2019)

Feb. 7, 2019 PACER
47

ENDORSED LETTER addressed to Counsel from Chief Judge Colleen McMahon dated 2/7/2019 re: The conference must go forward tomorrow. For one thing, I want to know what the City's plans are with respect to moving to dismiss the complaint. For another, I want to explore whether a significant portion of this case does not need to be severed and moved to the Northern District of New York. Cases involving allegation of brutality by corrections officers located in the NDNY are litigated in the NDNY, not in NYC. Adding allegations that the City is somehow responsible for that brutality because it transferred the plaintiffs to Albany knowing that they would/might be abused does not change that. All that means is that there is some overlap is discovery. But I cannot for the life of me see why I should be litigating the conditions in the Albany County Jail down here. (Signed by Judge Colleen McMahon on 2/7/2019) (mml) (Entered: 02/07/2019)

Feb. 7, 2019 PACER

Minute Entry for proceedings held before Judge Colleen McMahon: Initial Pretrial Conference held on 2/8/2019. (All represented Parties present except for Albany County and Def. Mylroie, who appeared by phone).Decision: Status conference held. Defendant Mylroie may have until 2/25/2019 to file her Answer.Submitted by: Kyla Magun. (mde)

Feb. 8, 2019 PACER
48

MOTION to Dismiss pursuant to Rules 12(b)(1), (6) and (7), Fed. R. Civ. P. and for order to plaintiffs to join State Commission of Correction as defendant. Document filed by Cynthia Brann, City Of New York, Sharlisa Walker, Edward Williams.(Zuckerman, Mark) (Entered: 02/11/2019)

Feb. 11, 2019 PACER
49

DECLARATION of Mark D. Zuckerman in Support re: 48 MOTION to Dismiss pursuant to Rules 12(b)(1), (6) and (7), Fed. R. Civ. P. and for order to plaintiffs to join State Commission of Correction as defendant.. Document filed by Cynthia Brann, City Of New York, Sharlisa Walker, Edward Williams. (Attachments: # 1 Exhibit A, # 2 Exhibit C, # 3 Exhibit D, # 4 Exhibit E, # 5 Exhibit F, # 6 Exhibit G, # 7 Exhibit H, # 8 Exhibit I)(Zuckerman, Mark) (Entered: 02/11/2019)

Feb. 11, 2019 PACER
50

MEMORANDUM OF LAW in Opposition re: 31 MOTION for Preliminary Injunction . . Document filed by Vincent Adams, Damien Anzalone, Craig D Apple, Sr, Michael Beliveau, "John" Colangione, County of Albany, Anthony Degonza, Michael Grimes, Josiah Haley, "John" Harris, Frank Harris, Jarred Jarosz, Timothy Kehn, Joseph Kelly, Matthew Labombard, Ryan Lawson, Michael Lyons, Dan Poole, Eugene Ratigan, William Reddy, Trent Shaver, Kelly Thompson, Thuan Ton, Anthony Torrisi, Mark Valvo. (Attachments: # 1 Affidavit Declaration of John W. Liguori, Esq., # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C, # 5 Exhibit D, # 6 Exhibit E, # 7 Exhibit F, # 8 Exhibit G, # 9 Exhibit H, # 10 Exhibit I, # 11 Exhibit J, # 12 Exhibit K, # 13 Affidavit Declaration of Michael J. Lyons, Superintendent of the Albany County Correctional Facility, # 14 Affidavit Declaration of Lieutenant Ronald Murray)(Liguori, John) (Entered: 02/11/2019)

Feb. 11, 2019 PACER
51

DECLARATION of C.O. Peggy Joseph in Support re: 48 MOTION to Dismiss pursuant to Rules 12(b)(1), (6) and (7), Fed. R. Civ. P. and for order to plaintiffs to join State Commission of Correction as defendant.. Document filed by Cynthia Brann, City Of New York, Sharlisa Walker, Edward Williams. (Attachments: # 1 Exhibit B)(Zuckerman, Mark) (Entered: 02/11/2019)

Feb. 11, 2019 PACER
52

MEMORANDUM OF LAW in Support re: 48 MOTION to Dismiss pursuant to Rules 12(b)(1), (6) and (7), Fed. R. Civ. P. and for order to plaintiffs to join State Commission of Correction as defendant. . Document filed by Cynthia Brann, City Of New York, Sharlisa Walker, Edward Williams. (Zuckerman, Mark) (Entered: 02/11/2019)

Feb. 11, 2019 PACER
53

DECLARATION of Mark D. Zuckerman in Opposition re: 31 MOTION for Preliminary Injunction .. Document filed by Cynthia Brann, City Of New York, Sharlisa Walker, Edward Williams. (Attachments: # 1 Exhibit A, # 2 Exhibit C, # 3 Exhibit D, # 4 Exhibit E, # 5 Exhibit F, # 6 Exhibit G, # 7 Exhibit H, # 8 Exhibit I)(Zuckerman, Mark) (Entered: 02/11/2019)

Feb. 11, 2019 PACER
54

DECLARATION of C.O. Peggy Joseph in Opposition re: 31 MOTION for Preliminary Injunction .. Document filed by Cynthia Brann, City Of New York, Sharlisa Walker, Edward Williams. (Attachments: # 1 Exhibit B)(Zuckerman, Mark) (Entered: 02/11/2019)

Feb. 11, 2019 PACER
55

MEMORANDUM OF LAW in Opposition re: 31 MOTION for Preliminary Injunction . . Document filed by Cynthia Brann, City Of New York, Sharlisa Walker, Edward Williams. (Zuckerman, Mark) (Entered: 02/11/2019)

Feb. 11, 2019 PACER
56

CONSENT LETTER MOTION for Extension of Time to File (Modify Briefing Schedule) addressed to Judge Colleen McMahon from Douglas E. Lieb dated February 14, 2019. Document filed by John Doe, Steven Espinal(on behalf of himself and all others similarly situated ), Pariis Tillery, Davon Washington.(Lieb, Douglas) (Entered: 02/14/2019)

Feb. 14, 2019 PACER
57

ORDER granting 56 Letter Motion for Extension of Time to File. We can discuss a stay at the conference. I do not need another motion. See you March 8 at 10:15 AM. (Signed by Judge Colleen McMahon on 2/15/2019) (ne) (Entered: 02/15/2019)

Feb. 15, 2019 PACER

Set/Reset Hearings: Initial Conference set for 3/8/2019 at 10:15 AM before Judge Colleen McMahon. (ne)

Feb. 15, 2019 PACER
58

MOTION to Sever pursuant to Rule 21 of the Fed. R. Civ. P.., MOTION to Transfer Case pursuant to 28 U.S.C. 1404(a). Document filed by Vincent Adams, Damien Anzalone, Craig D Apple, Sr, Michael Beliveau, "John" Colangione, County of Albany, Anthony Degonza, Michael Grimes, Josiah Haley, "John" Harris, Frank Harris, Jarred Jarosz, Timothy Kehn, Joseph Kelly, Matthew Labombard, Ryan Lawson, Michael Lyons, Dan Poole, Eugene Ratigan, William Reddy, Trent Shaver, Kelly Thompson, Thuan Ton, Anthony Torrisi, Mark Valvo.(Liguori, John) (Entered: 02/15/2019)

Feb. 15, 2019 PACER
59

MEMORANDUM OF LAW in Support re: 58 MOTION to Sever pursuant to Rule 21 of the Fed. R. Civ. P.. MOTION to Transfer Case pursuant to 28 U.S.C. 1404(a). . Document filed by Vincent Adams, Damien Anzalone, Craig D Apple, Sr, Michael Beliveau, "John" Colangione, County of Albany, Anthony Degonza, Michael Grimes, Josiah Haley, "John" Harris, Frank Harris, Jarred Jarosz, Timothy Kehn, Joseph Kelly, Matthew Labombard, Ryan Lawson, Michael Lyons, Dan Poole, Eugene Ratigan, William Reddy, Trent Shaver, Kelly Thompson, Thuan Ton, Anthony Torrisi, Mark Valvo. (Liguori, John) (Entered: 02/15/2019)

Feb. 15, 2019 PACER
60

DECLARATION of John W. Liguori, Esq. in Support re: 58 MOTION to Sever pursuant to Rule 21 of the Fed. R. Civ. P.. MOTION to Transfer Case pursuant to 28 U.S.C. 1404(a).. Document filed by Vincent Adams, Damien Anzalone, Craig D Apple, Sr, Michael Beliveau, "John" Colangione, County of Albany, Anthony Degonza, Michael Grimes, Josiah Haley, "John" Harris, Frank Harris, Jarred Jarosz, Timothy Kehn, Joseph Kelly, Matthew Labombard, Ryan Lawson, Michael Lyons, Dan Poole, Eugene Ratigan, William Reddy, Trent Shaver, Kelly Thompson, Thuan Ton, Anthony Torrisi, Mark Valvo. (Attachments: # 1 Exhibit A)(Liguori, John) (Entered: 02/15/2019)

Feb. 15, 2019 PACER
61

FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION to Sever . Document filed by Melissa "Missy" Mylroie. (Attachments: # 1 Declaration in Support of Motion, # 2 Memorandum of Law in Support of Motion, # 3 Affidavit of Service)(Tripp, Timothy) Modified on 3/12/2019 (db). (Entered: 02/22/2019)

Feb. 22, 2019 PACER
62

LETTER addressed to Judge Colleen McMahon from Doug E. Lieb dated February 22, 2019 re: Status of Criminal Charges Against Steven Espinal. Document filed by Steven Espinal.(Lieb, Douglas) (Entered: 02/22/2019)

Feb. 22, 2019 PACER
63

REPLY MEMORANDUM OF LAW in Support re: 31 MOTION for Preliminary Injunction . and in Opposition to The New York City Defendants' Motion to Dismiss [Dkt. No. 48]. Document filed by John Doe, Steven Espinal(on behalf of himself and all others similarly situated ), Pariis Tillery, Davon Washington. (Lieb, Douglas) (Entered: 02/22/2019)

Feb. 22, 2019 PACER
64

DECLARATION of Douglas E. Lieb in Support re: 31 MOTION for Preliminary Injunction .. Document filed by John Doe, Steven Espinal(on behalf of himself and all others similarly situated ), Pariis Tillery, Davon Washington. (Attachments: # 1 Exhibit 1 - Affidavit of Captain Edward Williams)(Lieb, Douglas) (Entered: 02/22/2019)

Feb. 22, 2019 PACER
65

ANSWER to 41 Amended Complaint,,, with JURY DEMAND. Document filed by Vincent Adams, Damien Anzalone, Craig D Apple, Sr, Michael Beliveau, "John" Colangione, County of Albany, Anthony Degonza, Frank Foe #13, Frank Foe Shield #323, Frank Foe Shield #99, Michael Grimes, Josiah Haley, "John" Harris, Frank Harris, Jarred Jarosz, Timothy Kehn, Joseph Kelly, Matthew Labombard, Ryan Lawson, Michael Lyons, Dan Poole, Eugene Ratigan, William Reddy, Trent Shaver, Kelly Thompson, Thuan Ton, Anthony Torrisi, Mark Valvo.(Liguori, John) (Entered: 02/25/2019)

Feb. 25, 2019 PACER
66

MOTION to Dismiss (joinder of defendant Brian Sullivan in City defendants' motion to dismiss and for joinder of State Commission of Correction at Docket 48). Document filed by Brian Sullivan.(Zuckerman, Mark) (Entered: 02/25/2019)

Feb. 25, 2019 PACER
67

ANSWER to 41 Amended Complaint,,, with JURY DEMAND. Document filed by Melissa "Missy" Mylroie.(Tripp, Timothy) (Entered: 02/25/2019)

Feb. 25, 2019 PACER
68

RESPONSE to Motion re: 61 MOTION to Sever ., 58 MOTION to Sever pursuant to Rule 21 of the Fed. R. Civ. P.. MOTION to Transfer Case pursuant to 28 U.S.C. 1404(a). . Document filed by Cynthia Brann, City Of New York, Brian Sullivan, Sharlisa Walker, Edward Williams. (Zuckerman, Mark) (Entered: 03/01/2019)

March 1, 2019 PACER
69

MEMORANDUM OF LAW in Opposition re: 61 MOTION to Sever ., 58 MOTION to Sever pursuant to Rule 21 of the Fed. R. Civ. P.. MOTION to Transfer Case pursuant to 28 U.S.C. 1404(a). . Document filed by John Doe, Steven Espinal(on behalf of himself and all others similarly situated ), Pariis Tillery, Davon Washington. (Lieb, Douglas) (Entered: 03/01/2019)

March 1, 2019 PACER
70

DECLARATION of Douglas E. Lieb in Opposition re: 61 MOTION to Sever ., 58 MOTION to Sever pursuant to Rule 21 of the Fed. R. Civ. P.. MOTION to Transfer Case pursuant to 28 U.S.C. 1404(a).. Document filed by John Doe, Steven Espinal(on behalf of himself and all others similarly situated ), Pariis Tillery, Davon Washington. (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)(Lieb, Douglas) (Entered: 03/01/2019)

March 1, 2019 PACER
71

DECLARATION of Davon Washington in Opposition re: 61 MOTION to Sever ., 58 MOTION to Sever pursuant to Rule 21 of the Fed. R. Civ. P.. MOTION to Transfer Case pursuant to 28 U.S.C. 1404(a).. Document filed by John Doe, Steven Espinal(on behalf of himself and all others similarly situated ), Pariis Tillery, Davon Washington. (Lieb, Douglas) (Entered: 03/01/2019)

March 1, 2019 PACER
72

DECLARATION of Sharon McLaughlin in Opposition re: 61 MOTION to Sever ., 58 MOTION to Sever pursuant to Rule 21 of the Fed. R. Civ. P.. MOTION to Transfer Case pursuant to 28 U.S.C. 1404(a).. Document filed by John Doe, Steven Espinal(on behalf of himself and all others similarly situated ), Pariis Tillery, Davon Washington. (Lieb, Douglas) (Entered: 03/01/2019)

March 1, 2019 PACER
73

DECLARATION of Pamela S. Roth, Esq. in Opposition re: 61 MOTION to Sever ., 58 MOTION to Sever pursuant to Rule 21 of the Fed. R. Civ. P.. MOTION to Transfer Case pursuant to 28 U.S.C. 1404(a).. Document filed by John Doe, Steven Espinal(on behalf of himself and all others similarly situated ), Pariis Tillery, Davon Washington. (Lieb, Douglas) (Entered: 03/01/2019)

March 1, 2019 PACER
74

ORDER: A conference for this matter is currently scheduled for Friday, March 8, 2019. Due to the fact that there are multiple pending motions, the Court is canceling the upcoming conference. These motions will be given priority, and the conference will be rescheduled when the motions are decided. Discovery is stayed pending the Court's decisions on these motions. (Signed by Judge Colleen McMahon on 3/1/2019) (rro) (Entered: 03/01/2019)

March 1, 2019 PACER
75

REPLY MEMORANDUM OF LAW in Support re: 66 MOTION to Dismiss (joinder of defendant Brian Sullivan in City defendants' motion to dismiss and for joinder of State Commission of Correction at Docket 48)., 48 MOTION to Dismiss pursuant to Rules 12(b)(1), (6) and (7), Fed. R. Civ. P. and for order to plaintiffs to join State Commission of Correction as defendant. . Document filed by Cynthia Brann, City Of New York, Brian Sullivan, Sharlisa Walker, Edward Williams. (Zuckerman, Mark) (Entered: 03/06/2019)

March 6, 2019 PACER
76

DECLARATION of Timothy P. Tripp, Esq. in Support re: 61 MOTION to Sever .. Document filed by Melissa "Missy" Mylroie. (Tripp, Timothy) (Entered: 03/06/2019)

March 6, 2019 PACER
77

REPLY MEMORANDUM OF LAW in Support re: 61 MOTION to Sever . . Document filed by Melissa "Missy" Mylroie. (Tripp, Timothy) (Entered: 03/06/2019)

March 6, 2019 PACER
78

REPLY MEMORANDUM OF LAW in Support re: 58 MOTION to Sever pursuant to Rule 21 of the Fed. R. Civ. P.. MOTION to Transfer Case pursuant to 28 U.S.C. 1404(a). . Document filed by Vincent Adams, Damien Anzalone, Craig D Apple, Sr, Michael Beliveau, "John" Colangione, County of Albany, Anthony Degonza, Michael Grimes, Josiah Haley, "John" Harris, Frank Harris, Jarred Jarosz, Timothy Kehn, Joseph Kelly, Matthew Labombard, Ryan Lawson, Michael Lyons, Dan Poole, Eugene Ratigan, William Reddy, Trent Shaver, Kelly Thompson, Thuan Ton, Anthony Torrisi, Mark Valvo. (Liguori, John) (Entered: 03/06/2019)

March 6, 2019 PACER
79

MEMO ENDORSEMENT on 10 MEMORANDUM OF LAW in Support granting 9 Motion to Proceed Anonymously. ENDORSEMENT: Motion Granted. (Signed by Judge Colleen McMahon on 3/14/2019) (mml) (Entered: 03/15/2019)

March 15, 2019 PACER
80

ORDER ON CITY DEFENDANTS' MOTION TO DISMISS FOR FAILURE TO EXHAUST UNDER THE PLRA with respect to 48 Motion to Dismiss. Therefore, I am severing from the City Defendants' motion to dismiss the discrete issue of failure to exhaust, and I hereby convert that issue, pursuant to Fed. R. Civ. P. 56, to a motion for summary judgment. See also Arnold v. Goetz, 245 F. Supp. 2d 527, 541 (S.D.N.Y. 2003). Officials at Rikers and ACCF have five business days from the date of this opinion to produce to Plaintiffs' counsel relevant records concerning both the existence and particulars of grievance processes at their respective institutions and any record of any filing of any grievance or appeal pursuant to those procedures that relates to the allegations of the Amended Complaint. If the City Defendants wish to depose Plaintiffs on the limited issue of exhaustion, they must so notify the court by Friday, March 22, 2019. Mr. Espinal will be writted into New York County for deposition if one is to be taken - although I gather that he has been deposed in connection with a 50-h hearing. Moving Defendants have five business days after the completion of any depositions, or five business days after the production of records if there are no such depositions, to supplement their motion on the issue of exhaustion. Plaintiffs have ten business days thereafter to supplement their response on the issue of exhaustion and availability. Moving Defendants have five business days thereafter to file a reply. All other motions will be held in abeyance pending the resolution of the exhaustion issue. (Signed by Judge Colleen McMahon on 3/15/2019) (mml) (Entered: 03/15/2019)

March 15, 2019 PACER
81

LETTER addressed to Judge Colleen McMahon from Mark D. Zuckerman dated March 19, 2019 re: withdrawal of failure to exhaust administrative remedy defense under PLRA. Document filed by Cynthia Brann, City Of New York, Brian Sullivan, Sharlisa Walker, Edward Williams.(Zuckerman, Mark) (Entered: 03/19/2019)

March 19, 2019 PACER
82

NOTICE OF APPEARANCE by Michael Goldstein on behalf of Vincent Adams, Damien Anzalone, Craig D Apple, Sr, Michael Beliveau, "John" Colangione, County of Albany, Anthony Degonza, Michael Grimes, Josiah Haley, "John" Harris, Frank Harris, Jarred Jarosz, Timothy Kehn, Joseph Kelly, Matthew Labombard, Ryan Lawson, Michael Lyons, Dan Poole, Eugene Ratigan, William Reddy, Trent Shaver, Kelly Thompson, Thuan Ton, Anthony Torrisi, Mark Valvo. (Goldstein, Michael) (Entered: 03/20/2019)

March 20, 2019 PACER
83

LETTER addressed to Judge Colleen McMahon from John Ligouri dated 3/20/2019 re: PLRA. Document filed by Vincent Adams, Damien Anzalone, Craig D Apple, Sr, Michael Beliveau, "John" Colangione, County of Albany, Anthony Degonza, Michael Grimes, Josiah Haley, "John" Harris, Frank Harris, Jarred Jarosz, Timothy Kehn, Joseph Kelly, Matthew Labombard, Ryan Lawson, Michael Lyons, Dan Poole, Eugene Ratigan, William Reddy, Trent Shaver, Kelly Thompson, Thuan Ton, Anthony Torrisi, Mark Valvo.(Liguori, John) (Entered: 03/20/2019)

March 20, 2019 PACER
84

MEMO ENDORSEMENT on re: 83 Letter,, filed by Matthew Labombard, Kelly Thompson, Frank Harris, Damien Anzalone, Mark Valvo, Dan Poole, "John" Harris, Vincent Adams, Michael Lyons, Eugene Ratigan, Michael Grimes, Joseph Kelly, Jarred Jarosz, "John" Colangione, Anthony Degonza, Josiah Haley, Michael Beliveau, Craig D Apple, Sr., William Reddy, Thuan Ton, Timothy Kehn, Ryan Lawson, Trent Shaver, Anthony Torrisi, County of Albany. ENDORSEMENT: We are moving forward with the remaining motions. (Signed by Judge Colleen McMahon on 3/26/2019) (ks) Modified on 3/27/2019 (ks). (Entered: 03/27/2019)

March 27, 2019 PACER
85

LETTER addressed to Judge Colleen McMahon from Katherine Rosenfeld dated March 28, 2019 re: Espinal Sentencing and Pending Motions. Document filed by Steven Espinal(on behalf of himself and all others similarly situated ).(Rosenfeld, Katherine) (Entered: 03/28/2019)

March 28, 2019 PACER
86

MOTION to Certify Class . Document filed by Steven Espinal(on behalf of himself and all others similarly situated ).(Rosenfeld, Katherine) (Entered: 03/28/2019)

March 28, 2019 PACER
87

DECLARATION of Katherine Rosenfeld in Support re: 86 MOTION to Certify Class .. Document filed by Steven Espinal(on behalf of himself and all others similarly situated ). (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)(Rosenfeld, Katherine) (Entered: 03/28/2019)

March 28, 2019 PACER
88

MEMORANDUM OF LAW in Support re: 86 MOTION to Certify Class . . Document filed by Steven Espinal(on behalf of himself and all others similarly situated ). (Rosenfeld, Katherine) (Entered: 03/28/2019)

March 28, 2019 PACER
89

MEMO ENDORSEMENT on re: 85 Letter filed by Steven Espinal. ENDORSEMENT: We are working on all the pending motions. (Signed by Judge Colleen McMahon on 4/1/2019) (mml) (Entered: 04/01/2019)

April 1, 2019 PACER
90

CONSENT LETTER MOTION for Extension of Time to File Response/Reply as to 86 MOTION to Certify Class . addressed to Judge Colleen McMahon from Mark D. Zuckerman dated April 3, 2019. Document filed by Cynthia Brann, City Of New York, Brian Sullivan, Sharlisa Walker, Edward Williams.(Zuckerman, Mark) (Entered: 04/03/2019)

April 3, 2019 PACER
91

LETTER addressed to Judge Colleen McMahon from Mark D. Zuckerman dated April 4, 2019 re: the plaintiff Steven Espinal's transfer to state custody and mootness of his preliminary injunction application. Document filed by Cynthia Brann, City Of New York, Brian Sullivan, Sharlisa Walker, Edward Williams.(Zuckerman, Mark) (Entered: 04/04/2019)

April 4, 2019 PACER
92

ORDER terminating 90 Letter Motion for Extension of Time to File Response/Reply. I will not be considering the class certification motion anytime soon - certainly not in connection with the other motions, to which we are working. So take as much time as you like. Certainly there is no reason to respond until you have your decision on the pending motions. (Signed by Judge Colleen McMahon on 4/3/2019) (mml) (Entered: 04/04/2019)

April 4, 2019 PACER

State / Territory: New York

Case Type(s):

Jail Conditions

Special Collection(s):

Solitary confinement

Strip Search Cases

Post-WalMart decisions on class certification

Key Dates

Filing Date: Dec. 28, 2018

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

Four pre-trial detainees previously or currently in custody of Albany County Jail.

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Denied

Defendants

City of New York (New York, Queens), City

County of Albany (Voorheesville, Albany), County

Defendant Type(s):

Corrections

Case Details

Causes of Action:

42 U.S.C. § 1983

Constitutional Clause(s):

Due Process

Unreasonable search and seizure

Freedom of speech/association

Equal Protection

Availably Documents:

Trial Court Docket

Complaint (any)

Monetary Relief

Injunctive (or Injunctive-like) Relief

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Attorneys fees

Damages

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Amount Defendant Pays: $980,000

Order Duration: 2019 - 2023

Content of Injunction:

Preliminary relief denied

Implement complaint/dispute resolution process

Issues

General:

Assault/abuse by staff

Classification / placement

Conditions of confinement

Disciplinary procedures

Disciplinary segregation

Excessive force

Grievance Procedures

Over/Unlawful Detention

Personal injury

Sanitation / living conditions

Sex w/ staff; sexual harassment by staff

Solitary confinement/Supermax (conditions or process)

Torture

Totality of conditions

Medical/Mental Health:

Medical care, general

Type of Facility:

Government-run