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Case: Ramsay-Nobles v. Keyser

1:16-cv-05778 | U.S. District Court for the Southern District of New York

Filed Date: July 20, 2016

Case Ongoing

Clearinghouse coding complete

Case Summary

On July 20, 2016, the executrix of the estate of an African-American man who died in the Sullivan Correctional Facility (NY) filed a complaint in the U.S. District Court for the Southern District of New York against various prison officials, both guards and guard supervisors, in their individual capacities and a doctor in his individual capacity that did not effectively diagnose and treat the decedent's mental illness. The plaintiff sought relief under 42 U.S.C. 1983 for violations of the Eight…

On July 20, 2016, the executrix of the estate of an African-American man who died in the Sullivan Correctional Facility (NY) filed a complaint in the U.S. District Court for the Southern District of New York against various prison officials, both guards and guard supervisors, in their individual capacities and a doctor in his individual capacity that did not effectively diagnose and treat the decedent's mental illness. The plaintiff sought relief under 42 U.S.C. 1983 for violations of the Eighth Amendment and Fourteenth Amendment's equal protection clause, 42 U.S.C. 1985(2, 3), and New York State medical malpractice law in the case of the doctor. The plaintiff, represented by pro bono private counsel, sought a jury trial, damages, and costs.

Specifically, the complaint detailed the decedent's medical history, including a diagnosis of Schizoaffective Disorder, Delusional Disorder, Antisocial Personality Disorder, and Polysubstance Dependence. It alleged that his condition was stable under treatment at the Central New York Psychiatric Center (CNYPC), but upon transfer to Sullivan, he was routinely placed in isolation, where his condition deteriorated further. The complaint noted that the defendant doctor said the decedent should have been transferred back to CNYPC after a long stay in isolation, but he did not order the transfer. The complaint outlined a pattern of abuse and racial insensitivity by the guards. The complaint described an incident where guards "trashed" the decedent's cell and the decedent refused to clean it, asking the guards to do it. The guards forcibly removed the decedent from his cell and severely beat him. The complaint alleged that the decedent died of his injuries, and the prison administration withheld information surrounding the death from the decedent's family.

Besides this lawsuit, the plaintiff filed two complaints in state court. The parties agreed to dismiss the state actions pending full relief on the federal claim, which they eventually got.

Judge Colleen McMahon referred the case to trial after receiving the initial complaint. The plaintiff amended the complaint on April 25, 2017 to add the doctor as a defendant and outline allegations against him. The plaintiff amended the complaint again on February 18, 2018 to name previously unknown correctional officers involved in the beating.

After discovery, the defendants filed three summary judgment motions (one motion each against the officers, supervisors, and doctor) in May and June of 2019. On August 21, 2019 (2019 WL 4383187), Judge McMahon issued one opinion on all three summary judgment motions. She denied the motions related to the officers and the supervisors, saying that genuine issues of material fact remain as to their conduct surrounding the beating. However, she partially granted the motion related to the doctor, dismissing claims related to deliberate indifference in failure to provide adequate medical care. She stated that genuine issues of material fact arose on the medical malpractice claim, but determined that those claims were separate to the beating issue at the center of this case. She asked the plaintiff to show cause that the medical malpractice issues should not be separated from the initial one, and the claims against the doctor were severed on September 12, 2019 through an order signed by Judge McMahon (2019 WL 4382206).

The parties were unable to settle the case in pre-trial negotiations, and the case went to trial on February 24, 2020. Shortly before closing arguments on February 25, the parties jointly filed a proposed settlement agreement, terminating the case before the jury reached a verdict. Judge McMahon ordered the case to be dismissed on May 5, 2020.

The terms of the settlement agreement showed that the State of New York agreed to pay the plaintiff $5 million, which covers compensatory damages and the plaintiff's attorney fees. The settlement added that the Sullivan Correctional Facility should install cameras to prevent future beatings, but left the details on camera installation vague. The plaintiff sought action from the Judge to clarify this point, but she denied the order, leaving it to the parties to settle. The case is closed.

Summary Authors

Ellen Aldin (5/27/2020)

People

For PACER's information on parties and their attrorneys, see: https://www.courtlistener.com/docket/4524093/parties/ramsay-nobles-v-keyser/


Judge(s)

McMahon, Colleen (New York)

Moses, Barbara (New Jersey)

Attorneys(s) for Plaintiff

Allen, David Robert (Connecticut)

Eisenberg, Daniel (New York)

Finerty, Courtney Elizabeth (New York)

Gelernter, Eugene M. (New York)

Gray, Timothy H (New York)

James, Letitia (New York)

Mangi, Adeel Abdullah (New York)

Messing, Maren Jessica (New York)

Judge(s)

McMahon, Colleen (New York)

Moses, Barbara (New Jersey)

Attorneys(s) for Plaintiff

Allen, David Robert (Connecticut)

Eisenberg, Daniel (New York)

Finerty, Courtney Elizabeth (New York)

Gelernter, Eugene M. (New York)

Gray, Timothy H (New York)

James, Letitia (New York)

Mangi, Adeel Abdullah (New York)

Messing, Maren Jessica (New York)

Reich, Elena Steiger (New York)

Richie, Joseph Robert (New York)

Attorneys(s) for Defendant

Durden, Rebecca Ann (New York)

Faherty, Colleen Kelly (New York)

Hathaway, Barbara (New York)

Hechtkopf, Helene Rachel (New York)

Orseck, Kirk O (New York)

Silverberg, Steven Mark (New York)

Vogel, Kristen Rose (New York)

Documents in the Clearinghouse

Document

1:16-cv-05778

Docket [PACER]

Ramsay−Nobles v. Keyser

May 5, 2020

May 5, 2020

Docket
1

1:16-cv-05778

Complaint

July 20, 2016

July 20, 2016

Complaint
106

1:16-cv-05778

Second Amended Complaint

March 22, 2018

March 22, 2018

Complaint
338

1:16-cv-05778

Memorandum Decision and Order Denying the Officer Defendants' Motion for Summary Judgment; Granting in Part and Denying in Part the Other Defendants' Motions for Summary Judgment

Aug. 21, 2019

Aug. 21, 2019

Order/Opinion
341

1:16-cv-05778

Order Severing Claim Against Dr. Lee

Sept. 12, 2019

Sept. 12, 2019

Order/Opinion
429

1:16-cv-05778

Stipulation of Settlement; General Release, and Order of Dismissal

May 5, 2020

May 5, 2020

Settlement Agreement

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4524093/ramsay-nobles-v-keyser/

Last updated Nov. 29, 2022, 3:09 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT against Edward Burnett, William Keyser, Senior Sullivan Officers, Sullivan Correction Officers, Shane Topel, Bruce Tucker, Steven Witte. (Filing Fee $ 400.00, Receipt Number 0208-12557341)Document filed by Julia Ramsay-Nobles.(Gelernter, Eugene) (Entered: 07/20/2016)

July 20, 2016

July 20, 2016

PACER
2

CIVIL COVER SHEET filed. (Gelernter, Eugene) (Entered: 07/20/2016)

July 20, 2016

July 20, 2016

PACER
3

REQUEST FOR ISSUANCE OF SUMMONS as to William Keyser, re: 1 Complaint,. Document filed by Julia Ramsay-Nobles. (Gelernter, Eugene) (Entered: 07/20/2016)

July 20, 2016

July 20, 2016

PACER
4

REQUEST FOR ISSUANCE OF SUMMONS as to Edward Burnett, re: 1 Complaint,. Document filed by Julia Ramsay-Nobles. (Gelernter, Eugene) (Entered: 07/20/2016)

July 20, 2016

July 20, 2016

PACER
5

REQUEST FOR ISSUANCE OF SUMMONS as to Shane Topel, re: 1 Complaint,. Document filed by Julia Ramsay-Nobles. (Gelernter, Eugene) (Entered: 07/20/2016)

July 20, 2016

July 20, 2016

PACER
6

REQUEST FOR ISSUANCE OF SUMMONS as to Bruce Tucker, re: 1 Complaint,. Document filed by Julia Ramsay-Nobles. (Gelernter, Eugene) (Entered: 07/20/2016)

July 20, 2016

July 20, 2016

PACER
7

REQUEST FOR ISSUANCE OF SUMMONS as to Steven Witte, re: 1 Complaint,. Document filed by Julia Ramsay-Nobles. (Gelernter, Eugene) (Entered: 07/20/2016)

July 20, 2016

July 20, 2016

PACER
8

ELECTRONIC SUMMONS ISSUED as to William Keyser. (dgo) (Entered: 07/21/2016)

July 21, 2016

July 21, 2016

PACER
9

ELECTRONIC SUMMONS ISSUED as to Edward Burnett. (dgo) (Entered: 07/21/2016)

July 21, 2016

July 21, 2016

PACER
10

ELECTRONIC SUMMONS ISSUED as to Shane Topel. (dgo) (Entered: 07/21/2016)

July 21, 2016

July 21, 2016

PACER
11

ELECTRONIC SUMMONS ISSUED as to Bruce Tucker. (dgo) (Entered: 07/21/2016)

July 21, 2016

July 21, 2016

PACER
12

ELECTRONIC SUMMONS ISSUED as to Steven Witte. (dgo) (Entered: 07/21/2016)

July 21, 2016

July 21, 2016

PACER
13

NOTICE OF APPEARANCE OF PRO BONO COUNSEL by Eugene Martin Gelernter on behalf of Julia Ramsay-Nobles(as Administratrix of the Estate of Karl Taylor, Deceased), Julia Ramsay-Nobles(Individually ) (Gelernter, Eugene) (Entered: 07/21/2016)

July 21, 2016

July 21, 2016

PACER
14

NOTICE OF APPEARANCE OF PRO BONO COUNSEL by Adeel Abdullah Mangi on behalf of Julia Ramsay-Nobles(as Administratrix of the Estate of Karl Taylor, Deceased), Julia Ramsay-Nobles(Individually ) (Mangi, Adeel) (Entered: 07/21/2016)

July 21, 2016

July 21, 2016

PACER
15

NOTICE OF APPEARANCE OF PRO BONO COUNSEL by Daniel Eisenberg on behalf of Julia Ramsay-Nobles(as Administratrix of the Estate of Karl Taylor, Deceased), Julia Ramsay-Nobles(Individually ) (Eisenberg, Daniel) (Entered: 07/21/2016)

July 21, 2016

July 21, 2016

PACER

***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney Eugene Martin Gelernter to RE-FILE re: Document No. 1 Complaint,. The filing is deficient for the following reason(s): all of the parties listed on the pleading were not entered on CM ECF; Plaintiff has to be added again, in the party text insert as Administratrix of the Estate of Karl Taylor, Deceased. 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 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. (dgo)

July 21, 2016

July 21, 2016

PACER

ADD PARTY FOR PLEADING. Plaintiffs/Petitioners Julia Ramsay-Nobles, Julia Ramsay-Nobles added. Party added pursuant to 1 Complaint,. Document filed by Julia Ramsay-Nobles, Julia Ramsay-Nobles. Related document: 1 Complaint, filed by Julia Ramsay-Nobles.(Gelernter, Eugene)

July 21, 2016

July 21, 2016

PACER

Magistrate Judge Barbara C. Moses is so designated. (dgo)

July 21, 2016

July 21, 2016

PACER

Case Designated ECF. (dgo)

July 21, 2016

July 21, 2016

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. (dgo)

July 21, 2016

July 21, 2016

PACER
16

ORDER SCHEDULING AN INITIAL PRETRIAL CONFERENCE: Initial Conference set for 8/12/2016 at 10:30 AM in Courtroom 24A, 500 Pearl Street, New York, NY 10007 before Judge Colleen McMahon. (Signed by Judge Colleen McMahon on 8/2/2016) (kgo) (Entered: 08/02/2016)

Aug. 2, 2016

Aug. 2, 2016

PACER
17

LETTER MOTION to Adjourn Conference addressed to Judge Colleen McMahon from Adeel A. Mangi dated August 4, 2016. Document filed by Julia Ramsay-Nobles(as Administratrix of the Estate of Karl Taylor, Deceased).(Mangi, Adeel) (Entered: 08/04/2016)

Aug. 4, 2016

Aug. 4, 2016

PACER
18

ORDER granting 17 Letter Motion to Adjourn Conference. Rescheduled to September 23, 2016 @ 11:15 am. Initial Conference set for 9/23/2016 at 11:15 AM before Judge Colleen McMahon. (Signed by Judge Colleen McMahon on 8/4/2016) (kgo) (Entered: 08/05/2016)

Aug. 5, 2016

Aug. 5, 2016

PACER
19

NOTICE OF APPEARANCE by Rebecca Ann Durden on behalf of Edward Burnett, William Keyser, Shane Topel. (Durden, Rebecca) (Entered: 09/01/2016)

Sept. 1, 2016

Sept. 1, 2016

PACER
20

LETTER MOTION for Extension of Time on behalf of Superintendent Keyser to respond to the complaint addressed to Judge Colleen McMahon from Rebecca Ann Durden dated September 1, 2016. Document filed by Edward Burnett, William Keyser, Shane Topel.(Durden, Rebecca) (Entered: 09/01/2016)

Sept. 1, 2016

Sept. 1, 2016

PACER
21

ORDER granting 20 Letter Motion for Extension of Time. OK - response due October 31, 2016. (Signed by Judge Colleen McMahon on 9/12/2016) (kgo) (Entered: 09/12/2016)

Sept. 12, 2016

Sept. 12, 2016

PACER

Set/Reset Deadlines: Edward Burnett answer due 10/31/2016; William Keyser answer due 10/31/2016; Shane Topel answer due 10/31/2016. (kgo)

Sept. 12, 2016

Sept. 12, 2016

PACER
22

WAIVER OF SERVICE RETURNED EXECUTED. Edward Burnett waiver sent on 8/31/2016, answer due 10/31/2016. Document filed by Edward Burnett. (Durden, Rebecca) (Entered: 09/20/2016)

Sept. 20, 2016

Sept. 20, 2016

PACER
23

WAIVER OF SERVICE RETURNED EXECUTED. Shane Topel waiver sent on 8/31/2016, answer due 10/31/2016. Document filed by Shane Topel. (Durden, Rebecca) (Entered: 09/20/2016)

Sept. 20, 2016

Sept. 20, 2016

PACER
24

WAIVER OF SERVICE RETURNED EXECUTED. Steven Witte waiver sent on 8/31/2016, answer due 10/31/2016. Document filed by Steven Witte. (Durden, Rebecca) (Entered: 09/20/2016)

Sept. 20, 2016

Sept. 20, 2016

PACER
25

WAIVER OF SERVICE RETURNED EXECUTED. Bruce Tucker waiver sent on 8/31/2016, answer due 10/31/2016. Document filed by Bruce Tucker. (Durden, Rebecca) (Entered: 09/20/2016)

Sept. 20, 2016

Sept. 20, 2016

PACER
26

RULE 26(f) DISCOVERY PLAN REPORT.Document filed by Julia Ramsay-Nobles(as Administratrix of the Estate of Karl Taylor, Deceased), Julia Ramsay-Nobles(Individually ).(Gelernter, Eugene) (Entered: 09/20/2016)

Sept. 20, 2016

Sept. 20, 2016

PACER
27

CIVIL CASE MANAGEMENT PLAN: This case is to be tried to a jury. Discovery due by 11/11/2016. Amended Pleadings due by 3/10/2017. Joinder of Parties due by 3/10/2017. Deposition due by 12/2/2016. Expert Discovery due by 10/27/2017. In fact, this schedule is so generous that it will NOT be extended. So do not waste your time - you have 13 months to do discovery - get moving! (Signed by Judge Colleen McMahon on 9/21/2016) (cla) (Entered: 09/21/2016)

Sept. 21, 2016

Sept. 21, 2016

PACER
28

MEMO ENDORSEMENT on re: 26 Rule 26(f) Discovery Plan Report filed by Julia Ramsay-Nobles. ENDORSEMENT: Conference on 9/23/16 is cancelled. (Signed by Judge Colleen McMahon on 9/21/2016) (cla) (Entered: 09/21/2016)

Sept. 21, 2016

Sept. 21, 2016

PACER
29

NOTICE OF APPEARANCE by Kristen Rose Vogel on behalf of Edward Burnett, William Keyser, Shane Topel, Bruce Tucker, Steven Witte. (Vogel, Kristen) (Entered: 10/25/2016)

Oct. 25, 2016

Oct. 25, 2016

PACER
30

ANSWER to 1 Complaint, with JURY DEMAND. Document filed by Edward Burnett, William Keyser, Shane Topel, Bruce Tucker, Steven Witte.(Durden, Rebecca) (Entered: 10/31/2016)

Oct. 31, 2016

Oct. 31, 2016

PACER
31

STIPULATED ORDER GOVERNING ELECTRONIC DISCOVERY: Prior to the scheduled Rule 16 conference date, the parties shall exchange the following information (as further set out in the order). (Signed by Judge Colleen McMahon on 11/1/2016) (cla) (Entered: 11/03/2016)

Nov. 3, 2016

Nov. 3, 2016

PACER
32

STIPULATION OF CONFIDENTIALITY AND PROTECTIVE ORDER...regarding procedures to be followed that shall govern the handling of confidential material... (Signed by Judge Colleen McMahon on 11/7/2016) (kgo) (Entered: 11/09/2016)

Nov. 9, 2016

Nov. 9, 2016

PACER
33

LETTER addressed to Judge Colleen McMahon from Adeel A. Mangi dated December 8, 2016 re: the proposed release of third-party responsive documents to the Parties. Document filed by Julia Ramsay-Nobles(as Administratrix of the Estate of Karl Taylor, Deceased). (Attachments: # 1 Exhibit 1, Subpoena to Commission, # 2 Text of Proposed Order)(Mangi, Adeel) (Entered: 12/08/2016)

1 Exhibit 1, Subpoena to Commission

View on PACER

2 Text of Proposed Order

View on PACER

Dec. 8, 2016

Dec. 8, 2016

PACER
34

ORDER REFERRING CASE TO MAGISTRATE JUDGE. Order that case be referred to the Clerk of Court for assignment to a Magistrate Judge for General Pretrial (includes scheduling, discovery, non-dispositive pretrial motions, and settlement). Referred to Magistrate Judge Barbara C. Moses. (Signed by Judge Colleen McMahon on 12/12/2016) (kgo) (Entered: 12/12/2016)

Dec. 12, 2016

Dec. 12, 2016

PACER
35

MEMO ENDORSEMENT on re: 33 Letter, filed by Julia Ramsay-Nobles. ENDORSEMENT: Telephone Conference is scheduled for tomorrow 12/13/16 @ 2:30 pm. Plaintiff's counsel to initiate call to Chambers with opposing counsel on the phone. ( Telephone Conference set for 12/13/2016 at 02:30 PM before Judge Colleen McMahon.) (Signed by Judge Colleen McMahon on 12/12/2016) (kgo) (Entered: 12/12/2016)

Dec. 12, 2016

Dec. 12, 2016

PACER
36

ORDER REGARDING DISCLOSURE OF DOCUMENTS FROM THE NEW YORK STATE COMMISSION OF CORRECTION: IT IS HEREBY ORDERED, pursuant to N.Y. Mental Hygiene Law ยง 33.13(c)(1), that: 1. The New York State Commission of Correction's disclosure of documents responsive to Plaintiff's subpoena, dated November 15, 2016 and attached as Exhibit 1 to this Order, is in the interest of justice and significantly outweighs the need for confidentiality. 2. The New York State Commission of Correction should disclose these documents to the Parties under the Stipulation of Confidentiality and Protective Order (Dkt. No. 32) with a confidentiality designation of "Highly Confidential - Attorneys' Eyes Only." (Signed by Judge Colleen McMahon on 12/13/2016) (kgo) (Entered: 12/13/2016)

Dec. 13, 2016

Dec. 13, 2016

PACER

Minute Entry for proceedings held before Judge Colleen McMahon: Telephone Conference held on 12/13/2016. Decision: Conference held. The Court will enter the unopposed Proposed Order.Submitted By: Jeremy R. Girton. (mde)

Dec. 13, 2016

Dec. 13, 2016

PACER
37

ORDER REGARDING GENERAL PRETRIAL MANAGEMENT: The above-referenced action has been referred to Magistrate Judge Barbara Moses for general pretrial management, including scheduling, discovery, non-dispositive pretrial motions,and settlement, pursuant to 28 U.S.C. ยง 636(b)(1)(A). All discovery must be initiated in time to be concluded by the close of discovery set by the Court. And as set forth herein. SO ORDERED. (Signed by Magistrate Judge Barbara C. Moses on 12/14/2016) (ama) (Entered: 12/15/2016)

Dec. 14, 2016

Dec. 14, 2016

PACER
38

LETTER MOTION for Discovery addressed to Magistrate Judge Barbara C. Moses from Adeel Mangi dated February 10, 2017. Document filed by Julia Ramsay-Nobles(as Administratrix of the Estate of Karl Taylor, Deceased).(Mangi, Adeel) (Entered: 02/10/2017)

Feb. 10, 2017

Feb. 10, 2017

PACER
39

ORDER REGARDING DISCLOSURE OF DOCUMENTS FROM THE DIVISION OF STATE POLICE granting 38 Letter Motion for Discovery. IT IS HEREBY ORDERED that the State Police shall produce all documents responsive to Plaintiff's subpoena to the State Police which was dated November 11, 2016 and is attached as Exhibit 1 to this Order. (As further set forth in this Order.) (Signed by Magistrate Judge Barbara C. Moses on 2/13/2017) (cf) (Entered: 02/13/2017)

Feb. 13, 2017

Feb. 13, 2017

PACER
40

LETTER MOTION for Discovery addressed to Magistrate Judge Barbara C. Moses from Adeel Mangi dated February 27, 2017. Document filed by Julia Ramsay-Nobles(as Administratrix of the Estate of Karl Taylor, Deceased).(Mangi, Adeel) (Entered: 02/27/2017)

Feb. 27, 2017

Feb. 27, 2017

PACER
41

ORDER REGARDING DISCLOSURE OF DOCUMENTS FROM THE SULLIVAN COUNTY DISTRICT ATTORNEY granting 40 Letter Motion for Discovery. IT IS HEREBY ORDERED that the Sullivan County District Attorney shall unseal and produce all documents responsive to Plaintiff's subpoena to the Sullivan County District Attorney that was dated December 21, 2016 and is attached as Exhibit 1 to this Order, excluding Grand Jury minutes, which are the subject of ongoing discussions between the Parties. (Signed by Magistrate Judge Barbara C. Moses on 2/28/2017) (cla) (Entered: 03/01/2017)

Feb. 28, 2017

Feb. 28, 2017

PACER
42

STIPULATION EXTENDING TIME TO AMEND PLEADINGS OR JOIN PARTIES: IT IS HEREBY stipulated by the Parties, subject to the approval of the Court, that the deadline to amend pleadings or join additional parties is extended from March 10, 2017 to April 19, 2017. (As further set forth in this Order.) (Amended Pleadings due by 4/19/2017., Joinder of Parties due by 4/19/2017.) (Signed by Magistrate Judge Barbara C. Moses on 3/7/2017) (cf) (Entered: 03/08/2017)

March 8, 2017

March 8, 2017

PACER
43

NOTICE OF APPEARANCE OF PRO BONO COUNSEL by David Robert Allen on behalf of Julia Ramsay-Nobles(as Administratrix of the Estate of Karl Taylor, Deceased) (Allen, David) (Entered: 04/14/2017)

April 14, 2017

April 14, 2017

PACER
44

NOTICE OF APPEARANCE OF PRO BONO COUNSEL by Courtney Elizabeth Finerty on behalf of Julia Ramsay-Nobles(as Administratrix of the Estate of Karl Taylor, Deceased) (Finerty, Courtney) (Entered: 04/14/2017)

April 14, 2017

April 14, 2017

PACER
45

FILING ERROR - DEFICIENT PLEADING - FILED AGAINST PARTY ERROR FIRST AMENDED COMPLAINT amending 1 Complaint, against Edward Burnett, William Keyser, Senior Sullivan Officers, Sullivan Correction Officers, Shane Topel, Bruce Tucker, Steven Witte, John Frunzi, Sin Ho Lee with JURY DEMAND.Document filed by Julia Ramsay-Nobles(as Administratrix of the Estate of Karl Taylor, Deceased). Related document: 1 Complaint, filed by Julia Ramsay-Nobles. (Attachments: # 1 Exhibit Certificate of Merit)(Gelernter, Eugene) Modified on 4/20/2017 (pc). (Entered: 04/19/2017)

1 Exhibit Certificate of Merit

View on PACER

April 19, 2017

April 19, 2017

PACER
46

REQUEST FOR ISSUANCE OF SUMMONS as to John Frunzi, re: 45 Amended Complaint,. Document filed by Julia Ramsay-Nobles(as Administratrix of the Estate of Karl Taylor, Deceased). (Gelernter, Eugene) (Entered: 04/19/2017)

April 19, 2017

April 19, 2017

PACER
47

REQUEST FOR ISSUANCE OF SUMMONS as to Sin Ho Lee, re: 45 Amended Complaint,. Document filed by Julia Ramsay-Nobles(as Administratrix of the Estate of Karl Taylor, Deceased). (Gelernter, Eugene) (Entered: 04/19/2017)

April 19, 2017

April 19, 2017

PACER
48

LETTER MOTION for Leave to File First Amended Complaint /Re-file First Amended Complaint [Document No. 45] and amend caption to "Senior Sullivan Officers 1-19" addressed to Magistrate Judge Barbara C. Moses from Eugene M. Gelernter dated April 20, 2017. Document filed by Julia Ramsay-Nobles(as Administratrix of the Estate of Karl Taylor, Deceased).(Gelernter, Eugene) (Entered: 04/20/2017)

April 20, 2017

April 20, 2017

PACER

***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney Eugene Martin Gelernter to RE-FILE re: Document No. 45 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; the wrong party/parties whom the pleading is against were selected; Add Senior Sullivan Officers 1-19 to CM ECF. The amended complaint was filed incorrectly on the due date. Permission from Chambers will need to be acquired in order for the correctly filed amended complaint to be accepted. 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. (pc)

April 20, 2017

April 20, 2017

PACER
49

LETTER MOTION to Stay addressed to Judge Colleen McMahon from Rebecca Ann Durden dated April 21, 2017. Document filed by Edward Burnett, William Keyser, Shane Topel, Bruce Tucker, Steven Witte. (Attachments: # 1 Appendix Revised Case Management Plan)(Durden, Rebecca) (Entered: 04/21/2017)

1 Appendix Revised Case Management Plan

View on PACER

April 21, 2017

April 21, 2017

PACER
50

ORDER granting 49 Letter Motion to Stay. OK. (Case Stayed.) (Signed by Judge Colleen McMahon on 4/24/2017) (kgo) (Entered: 04/24/2017)

April 24, 2017

April 24, 2017

PACER
51

REVISED CIVIL CASE MANAGEMENT PLAN: This case is to be tried to a jury. Deposition due by 12/2/2017. Expert Discovery due by 12/26/2017. Discovery due by 12/26/2017. Pretrial Order due by 2/13/2017. (Signed by Judge Colleen McMahon on 4/24/2017) (kgo) (Entered: 04/24/2017)

April 24, 2017

April 24, 2017

PACER
52

ORDER granting 48 Letter Motion for Leave to File Document. Application GRANTED. The Clerk of the Court is respectfully directed to accept the First Amended Complaint for refiling. (Signed by Magistrate Judge Barbara C. Moses on 4/24/2017) (cf) (Entered: 04/24/2017)

April 24, 2017

April 24, 2017

PACER
53

AMENDED COMPLAINT amending 1 Complaint, against Edward Burnett, John Frunzi, William Keyser, Sin Ho Lee, Sullivan Correction Officers, Shane Topel, Bruce Tucker, Steven Witte, SENIOR SULLIVAN OFFICERS 1-19 with JURY DEMAND.Document filed by Julia Ramsay-Nobles(as Administratrix of the Estate of Karl Taylor, Deceased). Related document: 1 Complaint, filed by Julia Ramsay-Nobles.(Gelernter, Eugene) (Entered: 04/25/2017)

April 25, 2017

April 25, 2017

PACER

***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Eugene Martin Gelernter. The party information for the following party/parties has been modified: SENIOR SULLIVAN OFFICERS 1-19. The information for the party/parties has been modified for the following reason/reasons: party name was entered in all caps. (pc)

April 26, 2017

April 26, 2017

PACER
54

ELECTRONIC SUMMONS ISSUED as to Sin Ho Lee. (pc) (Entered: 05/02/2017)

May 2, 2017

May 2, 2017

PACER
55

ELECTRONIC SUMMONS ISSUED as to John Frunzi. (pc) (Entered: 05/02/2017)

May 2, 2017

May 2, 2017

PACER
56

SUMMONS RETURNED EXECUTED Summons and Amended Complaint, served. John Frunzi served on 5/4/2017, answer due 5/25/2017. Service was accepted by John R. Frunzi. Document filed by Julia Ramsay-Nobles(as Administratrix of the Estate of Karl Taylor, Deceased). (Gelernter, Eugene) (Entered: 05/11/2017)

May 11, 2017

May 11, 2017

PACER
57

LETTER MOTION for Extension of Time to File Answer addressed to Judge Colleen McMahon from Rebecca Ann Durden dated July 12, 2017. Document filed by Sin Ho Lee.(Durden, Rebecca) (Entered: 07/12/2017)

July 12, 2017

July 12, 2017

PACER
58

ANSWER to 53 Amended Complaint, with JURY DEMAND. Document filed by Edward Burnett, John Frunzi, William Keyser, Shane Topel, Bruce Tucker, Steven Witte.(Durden, Rebecca) (Entered: 07/12/2017)

July 12, 2017

July 12, 2017

PACER
59

ORDER granting 57 Letter Motion for Extension of Time to Answer re 1 Complaint. Ok. (Sin Ho Lee answer due 9/14/2017.) (Signed by Judge Colleen McMahon on 7/12/17) (yv) (Entered: 07/13/2017)

July 12, 2017

July 12, 2017

PACER
60

NOTICE OF APPEARANCE by Helene Rachel Hechtkopf on behalf of Sin Ho Lee. (Hechtkopf, Helene) (Entered: 08/25/2017)

Aug. 25, 2017

Aug. 25, 2017

PACER
61

ANSWER to 53 Amended Complaint, with JURY DEMAND. Document filed by Sin Ho Lee.(Hechtkopf, Helene) (Entered: 09/14/2017)

Sept. 14, 2017

Sept. 14, 2017

PACER
62

RULE 26(f) DISCOVERY PLAN REPORT.Document filed by Julia Ramsay-Nobles(as Administratrix of the Estate of Karl Taylor, Deceased). (Attachments: # 1 Appendix A [Proposed] Second Amended Civil Case Management Plan)(Gelernter, Eugene) (Entered: 09/18/2017)

1 Appendix A [Proposed] Second Amended Civil Case Management Plan

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Sept. 18, 2017

Sept. 18, 2017

PACER
63

AMENDED JOINT SCHEDULING ORDER: The parties recommend that the deadline for joinder of additional parties and any amendments to the pleadings remain as March 10, 2017. The parties have also agreed upon a Second Amended Case Management Order, which is attached at Appendix A. The parties agree that all discovery, including expert discovery, will be completed on or before March 26, 2018. The parties cannot prevent the court from referring this matter to a Magistrate Judge for any purpose for which consent is not required and the court construes this paragraph simply as a referral to consent to trial before a Magistrate Judge. So ordered as modified, and as further set forth in this order. Motions due by 5/7/2018. Expert Discovery due by 3/26/2018. Discovery due by 3/26/2018. Pretrial Order due by 6/6/2018. Ready for Trial by 6/6/2018. (Signed by Judge Colleen McMahon on 9/20/2017) (ap) (Entered: 09/20/2017)

Sept. 20, 2017

Sept. 20, 2017

PACER
64

NOTICE OF APPEARANCE by Steven Mark Silverberg on behalf of Sin Ho Lee. (Silverberg, Steven) (Entered: 09/28/2017)

Sept. 28, 2017

Sept. 28, 2017

PACER
65

LETTER MOTION for Discovery Re: Protective Order addressed to Judge Colleen McMahon from Rebecca Ann Durden dated October 16, 2017. Document filed by Edward Burnett, John Frunzi, William Keyser, Shane Topel, Bruce Tucker, Steven Witte.(Durden, Rebecca) (Entered: 10/16/2017)

Oct. 16, 2017

Oct. 16, 2017

PACER
66

ORDER denying 65 Letter Motion for Discovery. There is no need to modify the order, because plaintiff's interpretation is simply WRONG. I will NOT allow the identities of witnesses to remain secret. I am opposed to filings under seal generally. (Signed by Judge Colleen McMahon on 10/17/2017) (kgo) (Entered: 10/17/2017)

Oct. 17, 2017

Oct. 17, 2017

PACER
67

CONSENT LETTER MOTION for Discovery /Leave to Take Depositions addressed to Magistrate Judge Barbara C. Moses from Adeel A. Mangi dated October 24, 2017. Document filed by Julia Ramsay-Nobles(as Administratrix of the Estate of Karl Taylor, Deceased).(Mangi, Adeel) (Entered: 10/24/2017)

Oct. 24, 2017

Oct. 24, 2017

PACER
68

FED. R. CIV. P 30(a)(2)(B) ORDER TO DEPOSE PERSON CONFINED TO PRISON granting 67 Letter Motion for Discovery. Pursuant to Federal Rule of Civil Procedure 30(a)(2)(B), it is hereby ORDERED that Plaintiff in the above-captioned action is granted leave to take the deposition by oral examination of non-party Silburn Spence, DIN # 13A4248, commencing on a date that is mutually agreeable for the parties and the Department of Corrections and Community Supervision, at Fishkill Correctional Facility. (Signed by Magistrate Judge Barbara C. Moses on 10/25/2017) (ras) (Entered: 10/25/2017)

Oct. 25, 2017

Oct. 25, 2017

PACER
69

ORDER: The Court has received and reviewed plaintiffs October 24, 2017 consent letter-motion requesting leave to depose six non-party prison inmates. (Dkt. No. 67.) Plaintiff's application is hereby GRANTED. The Court will conduct a status conference on December 5, 2017, at 10:00 a.m., in Courtroom 20A, 500 Pearl Street, New York, NY 10007. No later than one week prior to that date, the parties shall submit a joint status letter outlining the progress of discovery to date, as well as any settlement efforts. If no discovery controversies exist at that time, the parties may request that the conference be held telephonically.( Status Conference set for 12/5/2017 at 10:00 AM in Courtroom 20A, 500 Pearl Street, New York, NY 10007 before Magistrate Judge Barbara C. Moses.) (Signed by Magistrate Judge Barbara C. Moses on 10/25/2017) (rj) (Entered: 10/26/2017)

Oct. 25, 2017

Oct. 25, 2017

PACER
70

LETTER MOTION for Conference - requesting a pre-motion discovery conference addressed to Magistrate Judge Barbara C. Moses from Eugene M. Gelernter dated November 21, 2017. Document filed by Julia Ramsay-Nobles(Individually ). (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E)(Gelernter, Eugene) (Entered: 11/21/2017)

1 Exhibit A

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2 Exhibit B

View on PACER

3 Exhibit C

View on PACER

4 Exhibit D

View on PACER

5 Exhibit E

View on PACER

Nov. 21, 2017

Nov. 21, 2017

PACER
71

NOTICE OF APPEARANCE by Joseph Robert Richie on behalf of Julia Ramsay-Nobles(as Administratrix of the Estate of Karl Taylor, Deceased). (Richie, Joseph) (Entered: 11/22/2017)

Nov. 22, 2017

Nov. 22, 2017

PACER
72

JOINT LETTER addressed to Magistrate Judge Barbara C. Moses from Eugene M. Gelernter dated November 27, 2017 re: status regarding progress of discovery and any settlement efforts pursuant to the Court's October 25, 2017 Order. Document filed by Julia Ramsay-Nobles(as Administratrix of the Estate of Karl Taylor, Deceased).(Gelernter, Eugene) (Entered: 11/27/2017)

Nov. 27, 2017

Nov. 27, 2017

PACER
73

MEMO ENDORSEMENT on re: 72 Letter, filed by Julia Ramsay-Nobles. ENDORSEMENT: The parties' application to hold the December 5, 2017 status conference telephonically is hereby GRANTED. Counsel are directed to call (212) 805-0228, with all attorneys on one line, on December 5 at 10:00 a.m. ( Telephone Conference set for 12/5/2017 at 10:00 AM before Magistrate Judge Barbara C. Moses.) (Signed by Magistrate Judge Barbara C. Moses on 11/29/2017) (mro) (Entered: 11/29/2017)

Nov. 29, 2017

Nov. 29, 2017

PACER
74

ORDER SCHEDULING CONFERENCE: The Court has received and reviewed plaintiff's November 21, 2017 letter-motion (Dkt. No. 70) requesting a conference regarding a discovery dispute related to a subpoena duces tecum that plaintiff served on non-party New York State Office of Mental Health (OMH). Although OMH's counsel was copied on plaintiff's application, OMH has not yet filed a response, which was due November 27, 2017 per the Court's Individual Practices. If OMH wishes to file a response, it must do so no later than Tuesday, December 5, 2017. Plaintiff shall file any reply no later than Thursday, December 7, 2017. The Court will hold a conference regarding the OMH dispute on Friday, December 8, 2017, at 9:30 a.m., in Courtroom 20A. If any party or OMH has an unavoidable scheduling conflict, counsel for that party (or non-party) must promptly telephone Judge Moses's courtroom deputy with two proposed alternative dates, acceptable to all counsel, for a morning discovery conference. ( Responses due by 12/5/2017, Replies due by 12/7/2017., Status Conference set for 12/8/2017 at 09:30 AM in Courtroom 20A, 500 Pearl Street, New York, NY 10007 before Magistrate Judge Barbara C. Moses.) (Signed by Magistrate Judge Barbara C. Moses on 11/29/2017) (mro) (Main Document 74 replaced on 12/1/2017) (cf). Modified on 12/1/2017 (cf). (Entered: 11/29/2017)

Nov. 29, 2017

Nov. 29, 2017

PACER
75

MOTION for Courtney E. Finerty-Stelzner to Withdraw as Attorney . Document filed by Julia Ramsay-Nobles(as Administratrix of the Estate of Karl Taylor, Deceased).(Finerty, Courtney) (Entered: 11/30/2017)

Nov. 30, 2017

Nov. 30, 2017

PACER
76

ORDER: At the request of the parties and non-party New York State Office of Mental Health (OMH), the discovery hearing previously scheduled for December 8, 2017 is hereby adjourned to December 14, 2017, at 11:00 a.m. Plaintiff is directed to promptly serve this Order on OMH. (Status Conference set for 12/14/2017 at 11:00 AM before Magistrate Judge Barbara C. Moses.) (Signed by Magistrate Judge Barbara C. Moses on 12/1/2017) (cf) (Entered: 12/01/2017)

Dec. 1, 2017

Dec. 1, 2017

PACER
77

LETTER addressed to Magistrate Judge Barbara C. Moses from Margaret Drake dated 12/1/2017 re: In response to the letter from plaintiff's attorney dated November 21, 2017, concerning a discovery dispute related to a subpoena duces tecum served on the New York State Office of Mental Health (OMH) on January 18, 2017. (cf) (Entered: 12/01/2017)

Dec. 1, 2017

Dec. 1, 2017

PACER

Minute Entry for proceedings held before Magistrate Judge Barbara Moses: Telephone Conference held on 12/5/2017. (Snell, Kevin)

Dec. 5, 2017

Dec. 5, 2017

PACER
78

LETTER REPLY to Response to Motion addressed to Magistrate Judge Barbara C. Moses from Eugene M. Gelernter dated December 6, 2017 re: 70 LETTER MOTION for Conference - requesting a pre-motion discovery conference addressed to Magistrate Judge Barbara C. Moses from Eugene M. Gelernter dated November 21, 2017. . Document filed by Julia Ramsay-Nobles(as Administratrix of the Estate of Karl Taylor, Deceased). (Gelernter, Eugene) (Entered: 12/06/2017)

Dec. 6, 2017

Dec. 6, 2017

PACER
79

AMENDED STIPULATION OF CONFIDENTIALITY AND PROTECTIVE ORDER...regarding procedures to be followed that shall govern the handling of confidential material... (As further set forth in this Order.) (Signed by Judge Colleen McMahon on 12/7/2017) (cf) (Entered: 12/07/2017)

Dec. 7, 2017

Dec. 7, 2017

PACER
80

LETTER MOTION for Conference - requesting a pre-motion discovery conference addressed to Magistrate Judge Barbara C. Moses from Eugene M. Gelernter dated December 8, 2017. Document filed by Julia Ramsay-Nobles(as Administratrix of the Estate of Karl Taylor, Deceased).(Gelernter, Eugene) (Entered: 12/08/2017)

Dec. 8, 2017

Dec. 8, 2017

PACER
81

LETTER addressed to Magistrate Judge Barbara C. Moses from Margaret C. Drake dated 12/11/2017 re: Attendance at the December 14th conference. (cf) (Entered: 12/11/2017)

Dec. 11, 2017

Dec. 11, 2017

PACER
82

LETTER MOTION for Extension of Time to File Response/Reply as to 80 LETTER MOTION for Conference - requesting a pre-motion discovery conference addressed to Magistrate Judge Barbara C. Moses from Eugene M. Gelernter dated December 8, 2017. addressed to Magistrate Judge Barbara C. Moses from Rebecca Ann Durden dated December 11, 2017. Document filed by Edward Burnett, John Frunzi, William Keyser, Shane Topel, Bruce Tucker, Steven Witte.(Durden, Rebecca) (Entered: 12/11/2017)

Dec. 11, 2017

Dec. 11, 2017

PACER
83

FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - LETTER MOTION for Discovery addressed to Magistrate Judge Barbara C. Moses from Adeel A. Mangi dated 12/12/2017. Document filed by Julia Ramsay-Nobles(as Administratrix of the Estate of Karl Taylor, Deceased). (Attachments: # 1 Text of Proposed Order Granting Leave to Depose Person Confined to Prison)(Mangi, Adeel) Modified on 1/12/2018 (ldi). (Entered: 12/12/2017)

1 Text of Proposed Order Granting Leave to Depose Person Confined to Prison

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Dec. 12, 2017

Dec. 12, 2017

PACER
84

ORDER denying as moot 70 Letter Motion for Conference. (Dkt. No. 70) is DENIED as moot. OMH is excused from attending the hearing scheduled for December 14, 2017. Instead, at the hearing, the Court will address the issues raised in plaintiff's December 8, 2017 letter-motion (Dkt. No. 80). Defendants shall respond to plaintiff's letter-motion no later than December 13, 2017. Plaintiff need not file a reply. (As further set forth in this Order.) (Signed by Magistrate Judge Barbara C. Moses on 12/11/2017) (cf) (Entered: 12/12/2017)

Dec. 12, 2017

Dec. 12, 2017

PACER
85

ORDER granting in part and denying in part 82 Letter Motion for Extension of Time to File Response/Reply. Application GRANTED to the extent that defendants may file their response no later than December 13, 2017. Responses due by 12/13/2017 (Signed by Magistrate Judge Barbara C. Moses on 12/12/2017) (cf) (Entered: 12/12/2017)

Dec. 12, 2017

Dec. 12, 2017

PACER

Set/Reset Deadlines: Responses due by 12/13/2017 (cf)

Dec. 12, 2017

Dec. 12, 2017

PACER
86

FED. R. CIV. P 30(a)(2)(B) ORDER TO DEPOSE PERSON CONFINED TO PRISON granting 83 Letter Motion for Discovery. Pursuant to Federal Rule of Civil Procedure 30(a)(2)(B), it is hereby ORDERED that Plaintiff in the above-captioned action is granted leave to take the deposition by oral examination of non-party Raymond Bird, NYSID #06181689P, commencing on a date that is mutually agreeable for the parties and the Department of Corrections and Community Supervision, at Rikers Island. Nothing in this order modifies the current limits on the aggregate number or timing of depositions. (Signed by Magistrate Judge Barbara C. Moses on 12/13/2017) (cf) (Entered: 12/13/2017)

Dec. 13, 2017

Dec. 13, 2017

PACER
87

LETTER RESPONSE in Opposition to Motion addressed to Magistrate Judge Barbara C. Moses from Helene R. Hechtkopf dated December 13, 2017 re: 80 LETTER MOTION for Conference - requesting a pre-motion discovery conference addressed to Magistrate Judge Barbara C. Moses from Eugene M. Gelernter dated December 8, 2017. . Document filed by Sin Ho Lee. (Attachments: # 1 Exhibit Email from Daniel Eisenberg to counsel regarding deposition schedule)(Hechtkopf, Helene) (Entered: 12/13/2017)

1 Exhibit Email from Daniel Eisenberg to counsel regarding deposition schedule

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Dec. 13, 2017

Dec. 13, 2017

PACER
88

LETTER RESPONSE in Opposition to Motion addressed to Magistrate Judge Barbara C. Moses from Rebecca Ann Durden dated December 13, 2017 re: 80 LETTER MOTION for Conference - requesting a pre-motion discovery conference addressed to Magistrate Judge Barbara C. Moses from Eugene M. Gelernter dated December 8, 2017. . Document filed by Edward Burnett, John Frunzi, William Keyser, Shane Topel, Bruce Tucker, Steven Witte. (Durden, Rebecca) (Entered: 12/13/2017)

Dec. 13, 2017

Dec. 13, 2017

PACER
89

LETTER RESPONSE in Opposition to Motion addressed to Magistrate Judge Barbara C. Moses from Rebecca Ann Durden dated December 13, 2017 re: 80 LETTER MOTION for Conference - requesting a pre-motion discovery conference addressed to Magistrate Judge Barbara C. Moses from Eugene M. Gelernter dated December 8, 2017. Supplemental Letter re: Notices of Depositions. Document filed by Edward Burnett, John Frunzi, William Keyser, Shane Topel, Bruce Tucker, Steven Witte. (Durden, Rebecca) (Entered: 12/13/2017)

Dec. 13, 2017

Dec. 13, 2017

PACER

Case Details

State / Territory: New York

Case Type(s):

Prison Conditions

Special Collection(s):

Multi-LexSum (in sample)

Key Dates

Filing Date: July 20, 2016

Closing Date: May 5, 2020

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

Executrix of the estate of an African-American man that died in the Sullivan Maximum Security Prison

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Sullivan Correctional Facility, State

Defendant Type(s):

Corrections

Case Details

Causes of Action:

42 U.S.C. § 1983

State law

Constitutional Clause(s):

Equal Protection

Cruel and Unusual Punishment

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

Damages

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Amount Defendant Pays: $5,000,000

Issues

General:

Assault/abuse by staff

Bathing and hygiene

Conditions of confinement

Disciplinary procedures

Personal injury

Sanitation / living conditions

Solitary confinement/Supermax (conditions or process)

Staff (number, training, qualifications, wages)

Discrimination-basis:

Race discrimination

Race:

Black

Disability:

Mental impairment

Medical/Mental Health:

Mental health care, general

Type of Facility:

Government-run