Case: Reynolds v. Arnone

3:13-cv-01465 | U.S. District Court for the District of Connecticut

Filed Date: Oct. 4, 2013

Case Ongoing

Clearinghouse coding complete

Case Summary

On October 4, 2013, a death row inmate at the Connecticut Northern Correctional Institution (NCI) filed this lawsuit pro se in the U.S. District Court for the District of Connecticut. The plaintiff sued the commissioner of the Connecticut Department of Corrections and six other state officials in their official and individual capacities under 42 U.S.C. § 1983 and the Americans with Disabilities Act (ADA). The plaintiff sought declaratory and injunctive relief, including a release from 23 hour-p…

On October 4, 2013, a death row inmate at the Connecticut Northern Correctional Institution (NCI) filed this lawsuit pro se in the U.S. District Court for the District of Connecticut. The plaintiff sued the commissioner of the Connecticut Department of Corrections and six other state officials in their official and individual capacities under 42 U.S.C. § 1983 and the Americans with Disabilities Act (ADA). The plaintiff sought declaratory and injunctive relief, including a release from 23 hour-per-day solitary confinement, an end to universal use of restraints while outside of his cell, access to group religious services, visitation rights, a return of private property, and mental health care. The plaintiff also sought monetary compensation and damages. Specifically, the plaintiff claimed that the defendants violated his Fifth, Eighth, and Fourteenth Amendment rights, as well as the Constitution’s Article I Section 10 Ex Post Facto and Bill of Attainder clauses, and the 1949 Geneva Convention prohibition on collective punishment.

The plaintiff had originally been sentenced to death and served 21 years on death row. After the state abolished capital punishment in 2015, he was re-sentenced to life in prison without the possibility of parole in 2017 (during this litigation). Throughout the 23 years of his sentence prior to the time of filing, the plaintiff lived in a 12x7 foot concrete cell with only a three-inch wide window. He spent between 22 and 23 hours every day in this cell. He had extremely limited contact with other prisoners and was handcuffed or shackled whenever he left his cell. He sought injunctive relief to order the state to release him from solitary confinement and place him in the general prison population, to pay back wages, to allow group Seventh Day Adventist religious services, to return all personal property, to stop the elevated uses of restraints, to improve mental health care, to provide better access to recreation and dining facilities, to restore his security levels and accompanying privileges to his pre-2017 status, to end collective punishments, and to end discrimination against life-term inmates.

The case was assigned to Judge Stefan R. Underhill. In 2014, the case was referred to Magistrate Judge William I. Garfinkel for settlement conferences.

On March 3, 2015, the defendants moved for summary judgment. The defendants first claimed that they were immune in their official capacities from money damages under the Eleventh Amendment, and second that they were entitled to qualified immunity in their individual capacities. They also argued that the conditions on death row were constitutional and satisfied the Eighth Amendment. But before the court ruled on the motion or the plaintiff even replied, a clinical professor at Columbia University School of Law was appointed as pro bono counsel for the plaintiff. The motion was denied as moot and the plaintiff was given the opportunity to amend his complaint with new counsel. After multiple extensions were granted, the plaintiff filed an amended complaint on June 30, 2017.

The plaintiff alleged in the amended complaint that state statutes transferring former death row prisoners to solitary confinement unconstitutionally amounted to bills of attainder and ex post facto laws. The complaint also dropped claims of Fifth Amendment and Geneva Convention violations. The plaintiff still sought a permanent injunction, requesting that the defendants submit a plan to the court to release him from solitary confinement, provide mental health care, end his physical and social isolation, and end his sensory deprivation.

After over a year of discovery, the parties filed cross-motions for summary judgment on November 9, 2018. On August 27, 2019, Judge Stefan Underhill granted the plaintiff’s motion and denied the defendants’ motion. Judge Underhill found that the conditions of confinement violated the plaintiff’s Eighth Amendment right to be free from cruel and unusual punishment because they were deliberately indifferent to the serious risks of the plaintiff's confinement. The court also found that the defendants violated the plaintiff's Fourteenth Amendment rights to due process and equal protection. Furthermore, Judge Underhill found that the state's statute on death row was an unconstitutional bill of attainder in violation of Article I Section 10 of the Constitution. Judge Underhill granted permanent injunctive relief to the plaintiff. 402 F.Supp.3d 3.

In a separate injunctive and declaratory relief order, the court ordered the state to end plaintiff’s placement in the high security confinement, to allow the plaintiff to leave his cell for more than four hours per day, and to stop his segregation from other prisoners. The court also ordered that the state provide a “meaningful individualized classification determination“ for the plaintiff's security level every six months. The state was also ordered to stop enforcement of the death row "special circumstances" policy against any current or future prisoner. Finally, the court ordered the state to submit a status report within 30 days detailing how these orders would be effectuated.

On September 4, 2019, Judge Underhill granted in part the defendants’ motion to stay his order, but denied the defendants’ request to stay the requirement of a 30-day status report. Five days later, on September 9, the defendants appealed the court's order granting summary judgment to the U.S. Court of Appeals for the Second Circuit (Docket No. 19-2858).

On September 20, 2019, the defendants moved to stay proceedings in the district court pending their appeal to the Second Circuit. On September 25, 2019, another prisoner held under the state "special circumstances" statute on death row filed a motion to intervene, seeking to oppose the stay of the injunction. The defendants filed a status report that same day. On October 16, 2019, the district court granted the stay as to determining damages but denied the stay as to enforcing injunctive relief. However, the Second Circuit issued a temporary stay on injunctive relief on November 1, 2019. On January 7, 2020, a three judge panel stayed proceedings pending the defendants’ appeal.

On March 11, 2021, the Second Circuit issued its opinion, affirming in part and vacating in part the district court’s grant of summary judgment for the plaintiff and issuance of a permanent injunction. The appellate court held that the district court had erred by deciding disputed issues of material fact going to the plaintiff’s Eighth Amendment and Due Process claims. Specifically, the district court erred in finding that the precise conditions imposed in the Special Circumstances Unit in which Reynolds was housed were undisputed. This finding had bearing on whether the conditions were properly characterized as “solitary confinement.” The Second Circuit affirmed the lower court’s conclusions on the bill of attainder and Equal Protection issues, and remanded for further proceedings as to whether the district court’s injunction violated the Prison Litigation Reform Act (PLRA), whether the defendants were entitled to qualified immunity, and the existence of Eighth and Fourteenth Amendment Due Process violations. 990 F.3d 286.

On December 6, 2021, the plaintiff moved to consolidate this case with Webb v. Semple, 3:17-cv-01623; Campbell v. Maldonado, 3:19-cv-01430; and Campbell v. Lantz, 3:19-cv-01512, but the court denied the motion on February 3, 2022.

The parties prepared for trial, filing a joint pretrial memo on August 12, 2022, then engaging in evidentiary disputes, before jury selection began on September 7, 2022. Along with the pretrial memo, the defendants also moved to dismiss the plaintiff’s claims for declaratory relief. They argued that the plaintiff’s claims were barred by the Eleventh Amendment because the plaintiff was no longer on Special Circumstances status, so any declaratory relief would have been retroactive, and the defendants were entitled to Eleventh Amendment immunity. The court agreed with the defendants and granted this motion on November 4, 2022.

On November 22, 2022, the court ordered supplemental briefing on three issues: the applicability of the subjective prong, or the deliberate indifference requirement, to the case given that the conditions of the plaintiff’s confinement were at least partially imposed by statute; whether the Eighth Amendment requires or permits conditions of confinement to be proportionate to the sentence imposed; if the Eighth Amendment so requires or permits, in the case of an individual sentenced to death, whether that death sentence alone can justify conditions of confinement not based on ordinary classification factors. 

A jury trial began on December 6, 2022. On December 15, 2022, the jury returned a verdict in favor of the plaintiff, finding that the defendants had violated the plaintiff’s Fourteenth Amendment Due Process rights from May 2017 through August 2019, and awarded the plaintiff nominal damages of $3. The jury also awarded nominal damages of $1,719.98 for violations of the plaintiff’s Fourteenth Amendment Equal Protection rights. The court had previously granted summary judgment on that issue to the plaintiff, and the judgment was affirmed on appeal before trial. The jury found for the defendants on all other counts. The court entered the judgment on January 10, 2023, and retained jurisdiction to adjudicate any dispute between the plaintiff’s counsel and the plaintiff, arising from his representation.

On January 23, 2023, the plaintiff moved for a new trial. As of December 2023, the case is ongoing in the district court.

Summary Authors

Francis O'Rourke (9/23/2019)

Chelsea Rinnig (1/9/2020)

Kady Matsuzaki (4/30/2023)

Venesa Haska (11/15/2023)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/5238552/parties/reynolds-v-arnone/


Judge(s)

Garfinkel, William I. (Connecticut)

Attorney for Plaintiff

Dignam, Brett (Connecticut)

Finn, Tyler M (Connecticut)

Attorney for Defendant

Belforti, James Michael (Connecticut)

Expert/Monitor/Master/Other

Barrett, Christopher M. (Connecticut)

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Documents in the Clearinghouse

Document

3:13-cv-01465

Docket

Reynolds v. Arnone et al

Sept. 20, 2019

Sept. 20, 2019

Docket
1

3:13-cv-01465

Pro Se Prisoner Civil Rights Complaint

Reynolds v. Arnone et al

Oct. 4, 2013

Oct. 4, 2013

Complaint
72

3:13-cv-01465

Second Amended Complaint

Reynolds v. Arnone et al

June 30, 2017

June 30, 2017

Complaint
156

3:13-cv-01465

Permanent Injunction Order

Reynolds v. Arnone et al

Aug. 27, 2019

Aug. 27, 2019

Order/Opinion

402 F.Supp.3d 402

155

3:13-cv-01465

Memorandum of Decision

Aug. 27, 2019

Aug. 27, 2019

Order/Opinion

402 F.Supp.3d 402

159

3:13-cv-01465

Ruling on Defendants' Motion for Immediate Stay

Sept. 4, 2019

Sept. 4, 2019

Order/Opinion
165

3:13-cv-01465

Defendants' Status Report

Sept. 25, 2019

Sept. 25, 2019

Pleading / Motion / Brief
171

19-02858

Opinion

Reynolds v. Quiros

U.S. Court of Appeals for the Second Circuit

March 11, 2021

March 11, 2021

Order/Opinion

990 F.3d 990

Docket

See docket on RECAP: https://www.courtlistener.com/docket/5238552/reynolds-v-arnone/

Last updated March 17, 2024, 3:19 a.m.

ECF Number Description Date Link Date / Link
1

PRISCS - COMPLAINT against Leo Arnone, Jason Cahill, Jane Doe, John Doe, Mark Frayne, Gerard Ganye, Edward Maldonado, Angel Quiros, filed by Richard Reynolds. (Attachments: # 1 Exhibit A-E, # 2 Exhibit G-H, # 3 Exhibit I, # 4 Exhibit J, # 5 Exhibit K-N, # 6 Exhibit O-P, # 7 Exhibit Q-R)(Fazekas, J.) (Additional attachment(s) added on 10/8/2013: # 8 Exhibit F) (Fazekas, J.). (Entered: 10/07/2013)

1 Exhibit A-E

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2 Exhibit G-H

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3 Exhibit I

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4 Exhibit J

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5 Exhibit K-N

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6 Exhibit O-P

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7 Exhibit Q-R

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8 Exhibit F

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Oct. 4, 2013

Oct. 4, 2013

Clearinghouse
2

PRISCS - MOTION for Leave to Proceed in forma pauperis by Richard Reynolds. (Fazekas, J.) (Entered: 10/07/2013)

Oct. 4, 2013

Oct. 4, 2013

PACER
3

PRISCS - MOTION for Joinder by Richard Reynolds. (Fazekas, J.) (Entered: 10/07/2013)

Oct. 4, 2013

Oct. 4, 2013

PACER
4

PRISCS - STANDING PROTECTIVE ORDER Signed by Judge Stefan R. Underhill on 10/4/2013.(Fazekas, J.) (Entered: 10/07/2013)

Oct. 4, 2013

Oct. 4, 2013

PACER
5

PRISCS - ELECTRONIC FILING ORDER - PLEASE ENSURE COMPLIANCE WITH COURTESY COPY REQUIREMENTS IN THIS ORDER Signed by Judge Stefan R. Underhill on 10/4/2013.(Fazekas, J.) (Entered: 10/07/2013)

Oct. 4, 2013

Oct. 4, 2013

PACER
6

PRISCS - STANDING ORDER ON PRISONER ELECTRONIC FILING PROGRAM Signed by Judge Alvin W. Thompson on 10/4/2013.(Fazekas, J.) (Entered: 10/07/2013)

Oct. 4, 2013

Oct. 4, 2013

PACER
7

PRISCS - PRISONER LITIGATION UNIT NOTICE: This case has been selected for the District of Connecticut's Prisoner Litigation Scanning Project. All Notice of Electronic Filings (NEFs) generated in this case will be transmitted to a designated DOC email box to be distributed to you, letting you know a filing has occurred in your case. If a document is associated with the NEF, it will be mailed to you in hard copy via U.S. Mail either by the court or the opposing party. You may also submit your documents for filing to a prison official who will scan and then transmit them to the court for filing on your case by the Clerk of Court for the District of Connecticut. When your documents have been filed by the Clerk, you will receive an NEF indicating your documents have been entered on the docket of your case Signed by Clerk on 10/4/2013.(Fazekas, J.) (Entered: 10/07/2013)

Oct. 4, 2013

Oct. 4, 2013

PACER
8

PRISCS-ELECTRONIC ORDER granting 2 Motion for Leave to Proceed in forma pauperis. If you change your address at any time during the litigation of this case, Local Rule 83.1(c)2 provides that you must notify the court. Failure to do so can result in dismissal of your case. Signed by Judge Holly B. Fitzsimmons on 10/9/2013. (Payton, R.) (Entered: 10/09/2013)

Oct. 9, 2013

Oct. 9, 2013

PACER

Set Deadlines/Hearings

Oct. 15, 2013

Oct. 15, 2013

PACER
9

PRISCS- INITIAL REVIEW ORDER denying 3 Motion for Joinder. Signed by Judge Stefan R. Underhill on 10/15/2013. (Payton, R.) (Entered: 10/16/2013)

Oct. 15, 2013

Oct. 15, 2013

PACER

Set Deadlines: Amended Complaint due by 11/15/2013 (Payton, R.)

Oct. 15, 2013

Oct. 15, 2013

PACER
10

PRISCS-AMENDED COMPLAINT against Leo Arnone, Jane Doe, John Doe, Mark Frayne, Gerard Ganye, Edward Maldonado, Angel Quiros, filed by Richard Reynolds. (Attachments: # 1 Part 2, # 2 Part 3, # 3 Part 4, # 4 Part 5, # 5 Part 6, # 6 Part 7, # 7 Part 8, # 8 Part 9)(Payton, R.) (Entered: 11/13/2013)

1 Part 2

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2 Part 3

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3 Part 4

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4 Part 5

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5 Part 6

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6 Part 7

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7 Part 8

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8 Part 9

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Nov. 12, 2013

Nov. 12, 2013

RECAP
11

PRISCS-INITIAL REVIEW ORDER, Answer deadline updated for Leo Arnone to 1/30/2014; Mark Frayne to 1/30/2014; Gerard Ganye to 1/30/2014; Edward Maldonado to 1/30/2014; Angel Quiros to 1/30/2014., ( Discovery due by 6/23/2014, Dispositive Motions due by 7/22/2014) Signed by Judge Stefan R. Underhill on 11/21/2013.(Payton, R.) (Entered: 11/22/2013)

Nov. 21, 2013

Nov. 21, 2013

RECAP
12

PRISCS- MOTION for Friend of Court Amicus Brief by Richard Reynolds.Responses due by 12/24/2013 (Payton, R.) (Entered: 12/05/2013)

Dec. 3, 2013

Dec. 3, 2013

PACER

Request for Waiver of Service - Prisoner

Dec. 9, 2013

Dec. 9, 2013

PACER

REQUEST FOR WAIVER of Service sent to Leo Arnone, Mark Frayne, Gerard Ganye, Edward Maldonado, Angel Quiros on 12/9/2013 by Richard Reynolds. Waiver of Service due by 1/13/2014 (Oliver, T.)

Dec. 9, 2013

Dec. 9, 2013

PACER

USM Service Papers Sent - Prisoner

Dec. 9, 2013

Dec. 9, 2013

PACER
13

ELECTRONIC SUMMONS ISSUED in accordance with Fed. R. Civ. P. 4 and LR 4 as to *Leo Arnone, Mark Frayne, Gerard Ganye, Edward Maldonado, Angel Quiros* with answer to complaint due within *21* days. Attorney *Richard Reynolds #219460* *NORTHERN CORRECTIONAL INSTITUTION* *287 Bilton Road, P.O. Box 665* *Somers, CT 06071*. (Oliver, T.) (Entered: 12/09/2013)

Dec. 9, 2013

Dec. 9, 2013

PACER

USM 285 forms together with Summons, Amended Complaint, IRO, Order granting IFP reviewed and sent to USM for service on defendant(s).Marshals Return of Service on Summons due by 12/29/2013 (Oliver, T.)

Dec. 9, 2013

Dec. 9, 2013

PACER
14

WAIVER OF SERVICE Returned Executed as to Edward Maldonado waiver sent on 12/6/2013, answer due 2/4/2014. filed by Richard Reynolds. (Oliver, T.) (Entered: 12/17/2013)

Dec. 16, 2013

Dec. 16, 2013

PACER
15

WAIVER OF SERVICE Returned Executed filed by Richard Reynolds. (Ghilardi, K.) (Entered: 12/18/2013)

Dec. 18, 2013

Dec. 18, 2013

PACER
16

PRISCS - WAIVER OF SERVICE Returned Executed as to Mark Frayne waiver sent on 12/6/2013, answer due 2/4/2014. filed by Richard Reynolds. (Oliver, T.) (Entered: 12/26/2013)

Dec. 23, 2013

Dec. 23, 2013

PACER
17

PRISCS - WAIVER OF SERVICE Returned Executed as to Leo Arnone waiver sent on 12/6/2013, answer due 2/4/2014. filed by Richard Reynolds. (Oliver, T.) (Entered: 12/26/2013)

Dec. 23, 2013

Dec. 23, 2013

PACER
18

ORDER denying 12 Motion. Signed by Judge Stefan R. Underhill on 1/2/14. (Sbalbi, B.) (Entered: 01/02/2014)

Jan. 2, 2014

Jan. 2, 2014

PACER
19

ORDER REFERRING CASE to Magistrate Judge William I. Garfinkel for settlement conference Signed by Judge Stefan R. Underhill on 1/2/14.(Sbalbi, B.) (Entered: 01/02/2014)

Jan. 2, 2014

Jan. 2, 2014

PACER
20

ORDER vacating 19 Order Referring Case to Magistrate Judge Signed by Judge Stefan R. Underhill on 1/9/14.(Sbalbi, B.) (Entered: 01/09/2014)

Jan. 9, 2014

Jan. 9, 2014

PACER
21

NOTICE of Appearance by Madeline A. Melchionne on behalf of Leo Arnone, Mark Frayne, Gerard Ganye, Edward Maldonado, Angel Quiros (Melchionne, Madeline) (Entered: 01/21/2014)

Jan. 21, 2014

Jan. 21, 2014

PACER
22

MOTION for Extension of Time until February 21, 2014 to respond to the allegations contained in plaintiff's pro se 10 amended complaint by Leo Arnone, Mark Frayne, Gerard Ganye, Edward Maldonado, Angel Quiros. (Melchionne, Madeline) Modified on 1/22/2014 TO LINK TO DOC #10 (Oliver, T.). (Entered: 01/21/2014)

Jan. 21, 2014

Jan. 21, 2014

PACER
23

ORDER granting 22 Motion for Extension of Time to 2/21/14 to respond to 10 Amended Complaint. Signed by Judge Stefan R. Underhill on 1/27/14. (Sbalbi, B.) (Entered: 01/27/2014)

Jan. 27, 2014

Jan. 27, 2014

PACER
24

ACKNOWLEDGMENT OF SERVICE Executed c/o Attorney General on 1/22/2014 filed by Richard Reynolds. (Gutierrez, Y.) (Entered: 02/04/2014)

Jan. 30, 2014

Jan. 30, 2014

PACER
25

ANSWER to 10 Amended Complaint, with Affirmative Defenses. by Leo Arnone, Mark Frayne, Gerard Ganye, Edward Maldonado, Angel Quiros.(Melchionne, Madeline) (Entered: 02/21/2014)

Feb. 21, 2014

Feb. 21, 2014

PACER
26

MOTION for Extension of Time until June 12, 2014 to respond to plaintiff's First Request for Production of Documents by Leo Arnone, Mark Frayne, Gerard Ganye, Edward Maldonado, Angel Quiros. (Melchionne, Madeline) (Entered: 06/05/2014)

June 5, 2014

June 5, 2014

PACER
27

ORDER granting 26 Motion for Extension of Time until June 12, 2014 to respond to plaintiff's First Request for Production of Documents. Signed by Judge Stefan R. Underhill on 6/17/2014. (Jaiman, R.) (Entered: 06/17/2014)

June 17, 2014

June 17, 2014

PACER
28

MOTION for Extension of Time (90) days for Discovery by Richard Reynolds. (Payton, R.) (Entered: 06/17/2014)

June 17, 2014

June 17, 2014

PACER
29

ORDER granting 28 Motion for Extension of Time to 9/23/14 to complete discovery. Signed by Judge Stefan R. Underhill on 6/19/14. (Sbalbi, B.) (Entered: 06/19/2014)

June 19, 2014

June 19, 2014

PACER
30

MOTION to Compel by Richard Reynolds. Responses due by 8/27/2014 (Attachments: # 1 Memorandum in Support, # 2 Exhibit A-G, # 3 Exhibit H-J) (Oliver, T.) (Entered: 08/07/2014)

1 Memorandum in Support

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2 Exhibit A-G

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3 Exhibit H-J

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Aug. 6, 2014

Aug. 6, 2014

PACER
31

OBJECTION re 30 MOTION to Compel filed by Leo Arnone, Jane Doe, John Doe, Mark Frayne, Gerard Ganye, Edward Maldonado, Angel Quiros. (Melchionne, Madeline) (Entered: 08/27/2014)

Aug. 27, 2014

Aug. 27, 2014

PACER
32

Memorandum in Support re 30 MOTION to Compel filed by Leo Arnone, Jane Doe, John Doe, Mark Frayne, Gerard Ganye, Edward Maldonado, Angel Quiros. (Melchionne, Madeline) (Entered: 08/27/2014)

Aug. 27, 2014

Aug. 27, 2014

PACER
33

MOTION for Extension of Time until February 11, 2015 to file motion for summary judgment by Leo Arnone, Mark Frayne, Gerard Ganye, Edward Maldonado, Angel Quiros. (Melchionne, Madeline) (Entered: 12/19/2014)

Dec. 19, 2014

Dec. 19, 2014

PACER

Set Deadlines/Hearings

Dec. 30, 2014

Dec. 30, 2014

PACER
34

ORDER granting 33 Motion for Extension of Time until February 11, 2015 to file motion for summary judgment. Signed by Judge Stefan R. Underhill on 12/30/2014. (Pollack, R.) (Entered: 12/30/2014)

Dec. 30, 2014

Dec. 30, 2014

PACER

Set Deadlines/Hearings: Dispositive Motions due by 2/11/2015 (Pollack, R.)

Dec. 30, 2014

Dec. 30, 2014

PACER
35

MOTION for Extension of Time until February 27, 2015 to file summary judgment by Leo Arnone, Mark Frayne, Gerard Ganye, Edward Maldonado, Angel Quiros. (Melchionne, Madeline) (Entered: 02/05/2015)

Feb. 5, 2015

Feb. 5, 2015

PACER

Set Deadlines/Hearings

Feb. 6, 2015

Feb. 6, 2015

PACER
36

ORDER granting 35 Motion for Extension of Time until February 27, 2015 to file motion for summary judgment. Signed by Judge Stefan R. Underhill on 2/6/2015. (Pollack, R.) (Entered: 02/06/2015)

Feb. 6, 2015

Feb. 6, 2015

PACER

Set Deadlines/Hearings: Dispositive Motions due by 2/27/2015. (Pollack, R.)

Feb. 6, 2015

Feb. 6, 2015

PACER
37

ORDER denying in substantial part 30 Motion to Compel. Signed by Judge Stefan R. Underhill on 2/9/15. (Pollack, R.) (Entered: 02/09/2015)

Feb. 9, 2015

Feb. 9, 2015

RECAP

Set Deadlines/Hearings

Feb. 27, 2015

Feb. 27, 2015

PACER
38

MOTION for Extension of Time until March 3, 2015 to file motion for summary judgment by Leo Arnone, Mark Frayne, Gerard Ganye, Edward Maldonado, Angel Quiros. (Melchionne, Madeline) (Entered: 02/27/2015)

Feb. 27, 2015

Feb. 27, 2015

PACER
39

MOTION for Leave to File Excess Pages by Leo Arnone, Mark Frayne, Gerard Ganye, Edward Maldonado, Angel Quiros. (Melchionne, Madeline) (Entered: 02/27/2015)

Feb. 27, 2015

Feb. 27, 2015

PACER
40

MOTION to submit the unsigned affidavit of Deputy Warden William Mulligan as Exhibit 1 by Leo Arnone, Mark Frayne, Gerard Ganye, Edward Maldonado, Angel Quiros.Responses due by 3/20/2015 (Melchionne, Madeline) (Entered: 02/27/2015)

Feb. 27, 2015

Feb. 27, 2015

PACER
41

ORDER granting 38 Motion for Extension of Time until March 3, 2015 to file motion for summary judgment; granting 39 Motion for Leave to File Excess Pages; granting 40 Motion to submit the unsigned affidavit of Deputy Warden William Mulligan, to be replaced or supplemented with the signed affidavit as soon as it becomes available. Signed by Judge Stefan R. Underhill on 2/27/2015. (Pollack, R.) (Entered: 02/27/2015)

Feb. 27, 2015

Feb. 27, 2015

PACER

Set Deadlines/Hearings: Dispositive Motions due by 3/3/2015. (Pollack, R.)

Feb. 27, 2015

Feb. 27, 2015

PACER
42

MOTION for Summary Judgment by Leo Arnone, Mark Frayne, Gerard Ganye, Edward Maldonado, Angel Quiros.Responses due by 3/24/2015 (Attachments: # 1 Memorandum in Support, # 2 Affidavit Exhibit 1 Affidavit of Deputy Warden William Mulligan, # 3 Affidavit Exhibit 2 Affidavit of James Barton, # 4 Affidavit Exhibit 3 Affidavit of Andrew Cameron, # 5 Affidavit Exhibit 4 Affidavit of Anthony J Bruno, # 6 Affidavit Exhibit 5 Affidavit of Thomas Wright, # 7 Affidavit Exhibit 6 Affidavit of Dr Mark Frayne, # 8 Affidavit Exhibit 7 Affidavit of Dr Gerard Gagne, # 9 Exhibit 8 Administrative Directive 10.6 Inmate Visits, # 10 Exhibit 9 Administrative Directive 10.8 Religious Services, # 11 Exhibit 10 Administrative Directive 6.10 Inmate Property, # 12 Affidavit Exhibit 12 Affidavit of Michelle DeVeau, # 13 Exhibit 13 Judgment Mittimus dated August 13, 1995, # 14 Statement of Material Facts Attachment, # 15 Attachment, # 16 Attachment)(Melchionne, Madeline) (Additional attachment(s) added on 4/2/2015: # 17 REPLACEMENT PDF - Affidavit of Deputy Warden William Mulligan) (Oliver, T.). (Entered: 03/03/2015)

1 Memorandum in Support

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2 Affidavit Exhibit 1 Affidavit of Deputy Warden William Mulligan

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3 Affidavit Exhibit 2 Affidavit of James Barton

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4 Affidavit Exhibit 3 Affidavit of Andrew Cameron

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5 Affidavit Exhibit 4 Affidavit of Anthony J Bruno

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6 Affidavit Exhibit 5 Affidavit of Thomas Wright

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7 Affidavit Exhibit 6 Affidavit of Dr Mark Frayne

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8 Affidavit Exhibit 7 Affidavit of Dr Gerard Gagne

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9 Exhibit 8 Administrative Directive 10.6 Inmate Visits

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10 Exhibit 9 Administrative Directive 10.8 Religious Services

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11 Exhibit 10 Administrative Directive 6.10 Inmate Property

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12 Affidavit Exhibit 12 Affidavit of Michelle DeVeau

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13 Exhibit 13 Judgment Mittimus dated August 13, 1995

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14 Statement of Material Facts Attachment

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15 Attachment

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16 Attachment

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17 REPLACEMENT PDF - Affidavit of Deputy Warden William Mulligan

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March 3, 2015

March 3, 2015

PACER
43

EXHIBIT 11 by Mark Frayne, Gerard Ganye, Edward Maldonado, Angel Quiros re: 42 MOTION for Summary Judgment . (Basha, D.) (Entered: 03/06/2015)

March 5, 2015

March 5, 2015

PACER
44

MOTION for Extension of Time to File Response/Reply as to 42 MOTION for Summary Judgment for 90 days by Richard Reynolds. (Oliver, T.) (Entered: 03/13/2015)

March 13, 2015

March 13, 2015

PACER
45

ORDER granting 44 Motion for Extension of Time to File Response/Reply re 42 MOTION for Summary Judgment. Responses due by 6/22/2015. Signed by Judge Stefan R. Underhill on 3/14/2015. (Pollack, R.) (Entered: 03/14/2015)

March 14, 2015

March 14, 2015

PACER
46

MOTION to the substitution of the unsigned affidavit of Deputy Warden William Mulligan by Leo Arnone, Mark Frayne, Gerard Ganye, Edward Maldonado, Angel Quiros.Responses due by 4/10/2015 (Attachments: # 1 Affidavit)(Melchionne, Madeline) (Entered: 03/20/2015)

1 Affidavit

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March 20, 2015

March 20, 2015

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47

ORDER granting 46 Motion to substitute unsigned affidavit. Signed by Judge Stefan R. Underhill on 3/29/2015. (Pollack, R.) (Entered: 03/29/2015)

March 29, 2015

March 29, 2015

PACER
48

Docket Entry Correction re 42 MOTION for Summary Judgment MODIFIED TO ADD REPLACEMENT PDF OF THE Affidavit of Deputy Warden William Mulligan TO THE DOCKET ENTRY PURSUANT TO ORDER 47 (Oliver, T.) (Entered: 04/02/2015)

April 2, 2015

April 2, 2015

PACER
49

NOTICE of Appearance by Brett Dignam on behalf of Richard Reynolds (Dignam, Brett) (Entered: 04/08/2015)

April 8, 2015

April 8, 2015

PACER
50

MOTION to Appoint Counsel Pursuant to Local Rule 83.10 by Richard Reynolds. (Dignam, Brett) (Entered: 05/27/2015)

May 27, 2015

May 27, 2015

PACER
51

MOTION for Status Conference by Richard Reynolds. (Dignam, Brett) (Entered: 06/17/2015)

June 17, 2015

June 17, 2015

PACER
52

ORDER granting 50 Motion to Appoint Counsel; granting 51 Motion for Conference. The parties will be contacted to schedule a conference. Signed by Judge Stefan R. Underhill on 6/26/2015. (Pollack, R.) (Entered: 06/29/2015)

June 29, 2015

June 29, 2015

PACER
53

NOTICE OF E-FILED CALENDAR: THIS IS THE ONLY NOTICE COUNSEL/THE PARTIES WILL RECEIVE. Telephone Conference set for 7/2/2015, 04:30 PM before Judge Stefan R. Underhill. The telephone number to connect to the conference is 888.636.3807; when prompted, enter the access code 6508043 followed by #. (Pollack, R.) (Entered: 07/01/2015)

July 1, 2015

July 1, 2015

PACER

Set Deadlines/Hearings

July 2, 2015

July 2, 2015

PACER
54

Minute Entry and Order. Proceedings held before Judge Stefan R. Underhill: Telephone Status Conference held on 7/2/2015. Order denying without prejudice as moot 42 Motion for Summary Judgment; an amended complaint shall be filed by 9/30/2015. Total Time: 0 hours and 20 minutes(Court Reporter Susan Catucci.) (Pollack, R.) (Entered: 07/02/2015)

July 2, 2015

July 2, 2015

PACER

Set Deadlines/Hearings: Amended Pleadings due by 9/30/2015; Fact Discovery due by 4/15/2016; Dispositive Motions due by 10/1/2016. (Pollack, R.)

July 2, 2015

July 2, 2015

PACER
55

MEMORANDUM of Telephone Conference and ORDER. Signed by Judge Stefan R. Underhill on 7/7/2015.(Pollack, R.) (Entered: 07/07/2015)

July 7, 2015

July 7, 2015

PACER
56

Joint MOTION for Extension of Time until November 20, 2015 Time to File Second Amended Complaint 55 Memorandum of Conference, Order by Richard Reynolds. (Attachments: # 1 Appendix Santiago Motion for Argument, # 2 Appendix Santiago Motion to Strike Portions of Majority Opinion, # 3 Appendix Santiago Motion to Strike Concurring Opinion, # 4 Appendix Peeler Motion for Supplemental Briefing and Argument)(Dignam, Brett) (Entered: 09/25/2015)

1 Appendix Santiago Motion for Argument

View on PACER

2 Appendix Santiago Motion to Strike Portions of Majority Opinion

View on PACER

3 Appendix Santiago Motion to Strike Concurring Opinion

View on PACER

4 Appendix Peeler Motion for Supplemental Briefing and Argument

View on PACER

Sept. 25, 2015

Sept. 25, 2015

PACER

Set Deadlines/Hearings

Oct. 1, 2015

Oct. 1, 2015

PACER
57

ORDER granting 56 Motion for Extension of Time until November 20, 2015 to File Second Amended Complaint. Signed by Judge Stefan R. Underhill on 9/30/2015. (Pollack, R.) (Entered: 10/01/2015)

Oct. 1, 2015

Oct. 1, 2015

PACER

Set Deadlines/Hearings: Amended Pleadings due by 11/20/2015. (Pollack, R.)

Oct. 1, 2015

Oct. 1, 2015

PACER
58

Second MOTION for Extension of Time until January 31, 2016 Filing Second Amended Complaint by Richard Reynolds. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Dignam, Brett) (Entered: 11/16/2015)

1 Exhibit A

View on PACER

2 Exhibit B

View on PACER

Nov. 16, 2015

Nov. 16, 2015

PACER

Set Deadlines/Hearings

Nov. 20, 2015

Nov. 20, 2015

PACER
59

ORDER granting 58 Motion for Extension of Time. Signed by Judge Stefan R. Underhill on 11/20/2015. (Pollack, R.) (Entered: 11/20/2015)

Nov. 20, 2015

Nov. 20, 2015

PACER

Set Deadlines/Hearings: Amended Pleadings due by 1/31/2016. (Pollack, R.)

Nov. 20, 2015

Nov. 20, 2015

PACER
60

MOTION for Extension of Time until 03-31-16 To file an amended complaint by Richard Reynolds. (Dignam, Brett) (Entered: 01/29/2016)

Jan. 29, 2016

Jan. 29, 2016

PACER

Set Deadlines/Hearings

Feb. 10, 2016

Feb. 10, 2016

PACER
61

ORDER granting 60 Motion for Extension of Time. Signed by Judge Stefan R. Underhill on 2/10/2016. (Pollack, R.) (Entered: 02/10/2016)

Feb. 10, 2016

Feb. 10, 2016

PACER

Set Deadlines/Hearings: Amended Pleadings due by 3/31/2016. (Pollack, R.)

Feb. 10, 2016

Feb. 10, 2016

PACER
62

Joint MOTION for Extension of Time until April 30, 2016 Second Amended Complaint Set Deadlines/Hearings by Richard Reynolds. (Dignam, Brett) (Entered: 03/28/2016)

March 28, 2016

March 28, 2016

PACER

Set Deadlines/Hearings

March 30, 2016

March 30, 2016

PACER
63

ORDER granting 62 Motion for Extension of Time until April 30, 2016 to file Second Amended Complaint. Signed by Judge Stefan R. Underhill on 3/30/2016. (Pollack, R.) (Entered: 03/30/2016)

March 30, 2016

March 30, 2016

PACER

Set Deadlines/Hearings: Amended Pleadings due by 4/30/2016 (Pollack, R.)

March 30, 2016

March 30, 2016

PACER
64

Fifth MOTION for Extension of Time until 30 days after Peeler decisionfor parties' joint status report 63 Order on Motion for Extension of Time by Richard Reynolds. (Dignam, Brett) (Entered: 04/27/2016)

April 27, 2016

April 27, 2016

PACER
65

ORDER granting 64 Motion for Extension of Time until 30 days after Peeler decision for parties' joint status report. Signed by Judge Stefan R. Underhill on 5/4/2016. (Pollack, R.) (Entered: 05/04/2016)

May 4, 2016

May 4, 2016

PACER
66

NOTICE OF E-FILED CALENDAR: THIS IS THE ONLY NOTICE COUNSEL/THE PARTIES WILL RECEIVE. Telephone Status Conference set for February 16, 2017 at 1:00 p.m. before Judge Stefan R. Underhill. The call-in for the conference is (888) 636-3807; when prompted for the access code, dial 650-8043 followed by #. (If asked whether to join the conference as the host, bypass that option by dialing #.) (Jamieson, K) (Entered: 01/19/2017)

Jan. 19, 2017

Jan. 19, 2017

PACER

Set Deadlines/Hearings

Feb. 16, 2017

Feb. 16, 2017

PACER
67

Minute Entry for proceedings held before Judge Stefan R. Underhill: Telephone Status Conference held on February 16, 2017. Total Time: 0 hours and 10 minutes (Court Reporter Sharon Masse). (Jamieson, K) (Entered: 02/16/2017)

Feb. 16, 2017

Feb. 16, 2017

PACER

Set Deadlines/Hearings: Amended Pleadings due by April 28, 2017. (Jamieson, K)

Feb. 16, 2017

Feb. 16, 2017

PACER
68

NOTICE of Appearance by Steven R. Strom on behalf of Leo Arnone, Mark Frayne, Gerard Ganye, Edward Maldonado, Angel Quiros in their individual and official capacities, in addition to the appearance already on file (Strom, Steven) (Entered: 03/03/2017)

March 3, 2017

March 3, 2017

PACER
69

Fourth MOTION for Extension of Time until June 30, 2017to File Amended Complaint Set Deadlines/Hearings by Richard Reynolds. (Dignam, Brett) (Entered: 04/26/2017)

April 26, 2017

April 26, 2017

PACER

Set Deadlines/Hearings

May 4, 2017

May 4, 2017

PACER
70

ORDER granting 69 MOTION for Extension of Time. Signed by Judge Stefan R. Underhill on 05/04/2017. (Jamieson, K) (Entered: 05/04/2017)

May 4, 2017

May 4, 2017

PACER

Reset Deadlines/Hearings: Amended Pleadings due by June 30, 2017. (Jamieson, K)

May 4, 2017

May 4, 2017

PACER
71

AMENDED COMPLAINT against All Defendants, filed by Richard Reynolds.(Dignam, Brett) (Additional attachment(s) added on 6/30/2017: # 1 REPLACEMENT PDF) (Oliver, T.). (Entered: 06/29/2017)

1 REPLACEMENT PDF

View on PACER

June 29, 2017

June 29, 2017

RECAP
72

Docket Entry Correction re 71 Amended Complaint MODIFIED TO ADD REPLACEMENT PDF TO THE DOCKET ENTRY (Oliver, T.) (Entered: 06/30/2017)

June 30, 2017

June 30, 2017

Clearinghouse

Request for Clerk to issue summons as to William Faneuff. (Dignam, Brett)

July 18, 2017

July 18, 2017

PACER

Request for Clerk to issue summons as to Scott Semple. (Dignam, Brett)

July 18, 2017

July 18, 2017

PACER

Case Details

State / Territory: Connecticut

Case Type(s):

Prison Conditions

Special Collection(s):

Solitary confinement

Multi-LexSum (in sample)

Key Dates

Filing Date: Oct. 4, 2013

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

Individual prisoner in solitary confinement.

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: Yes

Filed Pro Se: Yes

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Commissioner of Connecticut Dept. of Corrections, State

Defendant Type(s):

Corrections

Facility Type(s):

Government-run

Case Details

Causes of Action:

42 U.S.C. § 1983

Ex parte Young (federal or state officials)

Constitutional Clause(s):

Ex Post Facto

Due Process: Procedural Due Process

Equal Protection

Cruel and Unusual Punishment

Available Documents:

Trial Court Docket

Complaint (any)

Injunctive (or Injunctive-like) Relief

Any published opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Damages

Declaratory Judgment

Source of Relief:

Litigation

Content of Injunction:

Reporting

Amount Defendant Pays: 1,722

Order Duration: 2019 - None

Issues

General/Misc.:

Classification / placement

Conditions of confinement

Loss or damage to property

Recreation / Exercise

Religious programs / policies

Restraints : physical

Sanitation / living conditions

Torture

Disability and Disability Rights:

Mental impairment

Jails, Prisons, Detention Centers, and Other Institutions:

Administrative segregation

Solitary confinement/Supermax (conditions or process)

Visiting

Medical/Mental Health Care:

Mental health care, general