Case: Reynolds v. Arnone

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

Filed Date: Oct. 4, 2013

Case Ongoing

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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 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 April 2023, the case was ongoing in the district court.

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Summary Authors

Francis O'Rourke (9/23/2019)

Chelsea Rinnig (1/9/2020)

Kady Matsuzaki (4/30/2023)

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

Barrett, Christopher M. (Connecticut)

Judge(s)

Garfinkel, William I. (Connecticut)

Underhill, Stefan R. (Connecticut)

Attorney for Plaintiff

Dignam, Brett (Connecticut)

Finn, Tyler M (Connecticut)

Rosen, David N. (Connecticut)

Attorney for Defendant

Belforti, James Michael (Connecticut)

Martone, Michael A (Connecticut)

Medeiros, Janelle (Connecticut)

Melchionne, Madeline A (Connecticut)

Motherway, Carmel A. (Connecticut)

O'Neill, Terrence M. (Connecticut)

Strom, Steven R. (Connecticut)

Expert/Monitor/Master

Barrett, Christopher M. (Connecticut)

Lustberg, Lawrence (Connecticut)

Noveck, Michael R (Connecticut)

Attorney Contact Information via CourtListener

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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
155 3:13-cv-01465	Memorandum of Decision	Aug. 27, 2019	Aug. 27, 2019 Order/Opinion
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

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Docket

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

Last updated Sept. 5, 2023, 3:01 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 View on PACER 2 Exhibit G-H View on PACER 3 Exhibit I View on PACER 4 Exhibit J View on PACER 5 Exhibit K-N View on PACER 6 Exhibit O-P View on PACER 7 Exhibit Q-R View on PACER 8 Exhibit F View on PACER	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
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
	Set Deadlines/Hearings	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 View on PACER 2 Part 3 View on PACER 3 Part 4 View on PACER 4 Part 5 View on PACER 5 Part 6 View on PACER 6 Part 7 View on PACER 7 Part 8 View on PACER 8 Part 9 View on PACER	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
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
	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 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
	USM Service Papers Sent - Prisoner	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 View on PACER 2 Exhibit A-G View on PACER 3 Exhibit H-J View on PACER	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
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	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
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
	Set Deadlines/Hearings	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
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	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 View on PACER 2 Affidavit Exhibit 1 Affidavit of Deputy Warden William Mulligan View on PACER 3 Affidavit Exhibit 2 Affidavit of James Barton View on PACER 4 Affidavit Exhibit 3 Affidavit of Andrew Cameron View on PACER 5 Affidavit Exhibit 4 Affidavit of Anthony J Bruno View on PACER 6 Affidavit Exhibit 5 Affidavit of Thomas Wright View on PACER 7 Affidavit Exhibit 6 Affidavit of Dr Mark Frayne View on PACER 8 Affidavit Exhibit 7 Affidavit of Dr Gerard Gagne View on PACER 9 Exhibit 8 Administrative Directive 10.6 Inmate Visits View on PACER 10 Exhibit 9 Administrative Directive 10.8 Religious Services View on PACER 11 Exhibit 10 Administrative Directive 6.10 Inmate Property View on PACER 12 Affidavit Exhibit 12 Affidavit of Michelle DeVeau View on PACER 13 Exhibit 13 Judgment Mittimus dated August 13, 1995 View on PACER 14 Statement of Material Facts Attachment View on PACER 15 Attachment View on PACER 16 Attachment View on PACER 17 REPLACEMENT PDF - Affidavit of Deputy Warden William Mulligan View on PACER	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 View on PACER	March 20, 2015	March 20, 2015 PACER
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
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
	Set Deadlines/Hearings	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
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
	Set Deadlines/Hearings	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
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	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
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
	Set Deadlines/Hearings	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
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
	Set Deadlines/Hearings	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
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	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
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
	Set Deadlines/Hearings	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
73	ELECTRONIC SUMMONS ISSUED in accordance with Fed. R. Civ. P. 4 and LR 4 as to William Faneuff with answer to complaint due within 21 days. Attorney Brett Dignam Morningside Heights Legal Services, Inc. 435 West 116th Street - Room 831 New York, NY 10027. (Oliver, T.) (Entered: 07/18/2017)	July 18, 2017	July 18, 2017 PACER
74	ELECTRONIC SUMMONS ISSUED in accordance with Fed. R. Civ. P. 4 and LR 4 as to Scott Semple with answer to complaint due within 21 days. Attorney Brett Dignam Morningside Heights Legal Services, Inc. 435 West 116th Street - Room 831 New York, NY 10027. (Oliver, T.) (Entered: 07/18/2017)	July 18, 2017	July 18, 2017 PACER