Case: Benjamin v. Horn

1:75-cv-03073 | U.S. District Court for the Southern District of New York

Filed Date: June 24, 1975

Case Ongoing

Clearinghouse coding complete

Case Summary

This case was consolidated for enforcement purposes with Ambrose v. Malcolm; Detainees of Queens House of Detention v. Malcolm; Detainees of Brooklyn House of Detention for Men v. Malcolm; Maldonado v. Ciuros; Forts v. Malcolm; and Rosenthal v. Malcolm. The summary below includes all of these in the consolidated form, but more information about each individual case is included in the "Related Cases" section. On June 24, 1975, a group of pretrial detainees at Rikers Island Detention Center for M…

This case was consolidated for enforcement purposes with Ambrose v. Malcolm; Detainees of Queens House of Detention v. Malcolm; Detainees of Brooklyn House of Detention for Men v. Malcolm; Maldonado v. Ciuros; Forts v. Malcolm; and Rosenthal v. Malcolm. The summary below includes all of these in the consolidated form, but more information about each individual case is included in the "Related Cases" section.

On June 24, 1975, a group of pretrial detainees at Rikers Island Detention Center for Men filed this lawsuit in the U.S. District Court for the Southern District of New York. The plaintiffs sued New York City officials under 42 U.S.C. § 1983, claiming that the conditions under which they were held were unconstitutional. They were represented by the Legal Aid Society of New York. Their specific claims addressed a number of issues, such as attorney visits, library access, methods of restraint, temperature control, overcrowding, bathing facilities, disciplinary procedures, food service, and fire safety. A class was certified on September 26, 1975.

The court (Judge Morris Lasker) entered several orders during the next two years enjoining the defendants from continuing certain unconstitutional practices related to visitation, correspondence, and double-celling. In 1978, the parties requested that the court withhold determination of the issues until settlement negotiations were held. Judge Lasker approved a Partial Final Judgment by Consent in 1979 that addressed food service, cleanliness, and access to legal materials. The parties also entered into a Stipulation which allowed the court to enter judgment if Rikers Island did not come under the control of state authorities by December 1, 1979. This did not occur, and the district court (Judge Lasker) ordered that the population of the facility be reduced to 1200 on August 27, 1980.

The district court joined the state as a third-party defendant on March 17, 1986, and ordered it to help alleviate the overcrowding by accepting persons who were ready for state prison within 48 hours. The United States Court of Appeals for the Second Circuit (Judges Mansfield, Pierce, and Pratt) affirmed on September 25, 1986. In 1990, the defendants were held in contempt for housing detainees in non-housing areas of the faculty. Over the next several years, several motions were filed to enforce various provisions of the consent decrees.

On September 23, 1996, the court (Judge Harold Baer Jr.) vacated the consent decree following the passage of the Prison Litigation Reform Act, but the Second Circuit (Judges Calabresi, Oakes, and Haight) partially reversed on August 26, 1997. On June 6, 2000, the court (Judge Baer) partially granted and partially denied another motion to terminate the decree. The portions of the decree regulating restrictive housing, correspondence, and law libraries were terminated but those regulating restraint policy and attorney visitation were not.

On December 21, 2000, the court (Judge Baer) terminated the portions of the consent decree regulating contact visitation, overcrowding, and medical services. Additionally, on January 9, 2001, the court (Judge Baer) terminated provisions of the consent decree dealing with plumbing, vermin control, food service, hygiene, and laundry, but found ongoing violations in the areas of ventilation, temperature control, sanitation in non-medical areas, and lighting. On October 2, 2001, the Second Circuit (Judges Cardamore, Katzmann, and Leval) affirmed the District Court's decision to terminate various portions of the decree. The court (Judge Baer) terminated the portion of the consent decree dealing with attorney visitation on August 10, 2006.

On August 28, 2008, the court (Judge Baer) terminated the portions of the decree dealing with mattresses and food storage containers. The court also terminated portions of the Environmental Order on October 7, 2008. On January 28, 2009, the court (Judge Baer) ordered an assessment of all existing ventilation equipment in the areas covered by the decree and specified that the defendants would repair units and replace parts as necessary. Litigation has continued as various portions of the consent decree were vacated and appeals were made.

On March 5, 2015, the court (Judge Loretta A. Preska) denied the motion to enforce judgment as premature, subject to reinstatement in light of the parties' good faith ongoing settlement talks.

After this order, the docket shows a number of sealed documents. On May 23, 2018, the court ordered that the defendants no longer needed to provide monthly reports on ventilation projects to the court. The court issued another order on December 17, 2018 requiring defendants to submit timesheets and productivity logs and approving the re-hiring of the former Deputy Director.

In light of the COVID-19 public health crisis, Judge Preska temporarily suspended the environmental inspections on March 24, 2020. The order required the defendants to conduct their own inspections and to let plaintiffs' counsel and the Office of Compliance Consultants know when it was safe to resume the regular inspection schedule. On October 29, 2021, Judge Preska restored the order regarding the environmental inspections. 

Based on the documents that are publicly available, it appears that the consent decree remains in effect. The court continues to monitor various provisions of the consent decree and receive progress reports as of August 10, 2022.

Summary Authors

Michael Perry (4/11/2011)

Priyah Kaul (2/2/2015)

Jessica Kincaid (4/2/2016)

Elizabeth Heise (10/21/2018)

Alex Moody (4/11/2020)

Lily Sawyer-Kaplan (8/20/2022)

Related Cases

Detainees of Brooklyn House of Detention for Men v. Malcolm, Eastern District of New York (1973)

Ambrose v. Malcolm, Southern District of New York (1976)

Maldonado v. Ciuros, Southern District of New York (1976)

People

For PACER's information on parties and their attrorneys, see: https://www.courtlistener.com/docket/4328319/parties/benjamin-v-horn/


Judge(s)

Baer, Harold Jr. (New York)

Calabresi, Guido (Connecticut)

Cardamone, Richard J. (New York)

Haight, Charles Sherman Jr. (New York)

Katzmann, Robert A. (New York)

Lasker, Morris Edward (Massachusetts)

Leval, Pierre Nelson (New York)

Livingston, Debra Ann (New York)

Lynch, Gerard E. (New York)

Mansfield, Walter Roe (New York)

Judge(s)

Baer, Harold Jr. (New York)

Calabresi, Guido (Connecticut)

Cardamone, Richard J. (New York)

Haight, Charles Sherman Jr. (New York)

Katzmann, Robert A. (New York)

Lasker, Morris Edward (Massachusetts)

Leval, Pierre Nelson (New York)

Livingston, Debra Ann (New York)

Lynch, Gerard E. (New York)

Mansfield, Walter Roe (New York)

McLaughlin, Joseph Michael (New York)

Meskill, Thomas Joseph (Connecticut)

Oakes, James Lowell (Vermont)

Parker, Barrington Daniels Jr. (New York)

Pierce, Lawrence Warren (New York)

Pratt, George Cheney (New York)

Preska, Loretta A. (New York)

Raggi, Reena (New York)

Attorneys(s) for Plaintiff

Angelos, Claudia (New York)

Banks, Steven (New York)

Beck, John A. (New York)

Billingsley, David (New York)

Boston, John (New York)

Chasan, Jonathan S. (New York)

Choate, Andrew (Maine)

Ciaffa, Michael A (New York)

deLone, Madeline H. (New York)

Freeman, Lisa (New York)

Greenberg, Daniel L. (New York)

Hellerstein, William E. (New York)

Katz, Theodore H. (New York)

Kerr, Sarah (New York)

Lewis, Dori A. (New York)

Mushlin, Michael B. (New York)

Quackenbush, Robert Matthew (New York)

Rold, William J. (New York)

Rothstein, Amy (New York)

Vela, Veronica (New York)

Weinstein, Philip L. (New York)

Wilker, Dale A. (New York)

Attorneys(s) for Defendant

Abrams, Robert W. (New York)

Bergdall, Thomas (New York)

Bromley, Tarquin Jay (New York)

Buch, June R. (New York)

Butler, Barbara B. (New York)

Cardozo, Michael A. (New York)

Carey, Charles Edward (New York)

Chamberlain, Laura A. (New York)

Chin, Coleen (New York)

Coughlin, Thomas F. III (New York)

Crotty, Paul Austin (New York)

Freedman, Elizabeth I. (New York)

Goodman, Lorna B. (New York)

Hall, Christopher W. (New York)

Hess, Michael D. (New York)

Hunter, Florence A. (New York)

Janosek Doyle, Eleanor (New York)

Koerner, Leonard J. (New York)

Kovner, Victor A. (New York)

Krist, Brian Joseph (New York)

McCray, Daniel (New York)

Milbauer, Paul E. (New York)

Nelson, Marta (District of Columbia)

Orsland, Chlarens (New York)

Rephen, Paul T. (New York)

Schall, Ellen (New York)

Schwartz, Allen G. (New York)

Sherwood, O. Peter (New York)

Tuffaha, Omar Hani (New York)

Ward, Benjamin (New York)

Zimroth, Peter L. (New York)

Zwickel, Howard L. (New York)

Other Attorney(s)

Cott, James (New York)

O'Donnell, Brian (New York)

Shudofsky, Sara L. (New York)

Walsh, Mark T. (New York)

White, Mary Jo (New York)

Documents in the Clearinghouse

Document

1:75-cv-03073

Docket [PACER]

March 26, 2021

March 26, 2021

Docket

1:75-cv-03073

Memorandum

Benjamin v. Malcolm

July 11, 1975

July 11, 1975

Order/Opinion

1:75-cv-03073

Order

Benjamin v. Malcolm

Aug. 14, 1975

Aug. 14, 1975

Order/Opinion

1:75-cv-03073

Order

Benjamin v. Malcolm

Aug. 14, 1975

Aug. 14, 1975

Order/Opinion

1:75-cv-03073

Memorandum

Benjamin v. Malcolm

Nov. 18, 1975

Nov. 18, 1975

Order/Opinion

1:75-cv-03073

Memorandum

Benjamin v. Malcolm

Jan. 6, 1976

Jan. 6, 1976

Order/Opinion

1:75-cv-03073

[Order]

Benjamin v. Malcolm

Jan. 15, 1976

Jan. 15, 1976

Order/Opinion

1:75-cv-03073

Memorandum

Benjamin v. Malcolm

July 13, 1976

July 13, 1976

Order/Opinion

1:75-cv-03073

Judgment

Benjamin v. Malcolm

June 8, 1977

June 8, 1977

Order/Opinion

1:75-cv-03073

Consent Order

Benjamin v. Malcolm

Oct. 10, 1978

Oct. 10, 1978

Order/Opinion

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4328319/benjamin-v-horn/

Last updated Aug. 12, 2022, 3:08 a.m.

ECF Number Description Date Link Date / Link

Case closed (stat. closing) (pa)

March 29, 1991

March 29, 1991

PACER

Case closed (cd)

March 29, 1991

March 29, 1991

PACER

Consent of Judge, that James R. Anderson and Jill Sands, both students appear in court or other proceedings on behalf of class member and movant Denise Dawkins; and that they prepare documents on behalf of Denise Dawkins. ( signed by Judge Morris E. Lasker ); Copies mailed (jr)

Nov. 23, 1992

Nov. 23, 1992

PACER

ORDER, that construction begin on the repair of the kitchen ceiling in the Bronx House of Detention no later than February 28, 1993, barring unforeseen emergency circumstances. Defendants shall notify OCC of the expected completion date of the construction no later than February 28, 1993. ( signed by Judge Morris E. Lasker ); Copies mailed (jr)

Nov. 24, 1992

Nov. 24, 1992

PACER

ORDER, that the supplemental work plan of 12/30/92, attached hereto, is entered as an Order of the Court. The obligations set out in the initial property work plan adopted by order of 3/3/91, shall be considered as continuing obligations of the defts except to the extent that they have been revised or superseded by obligations of the supplemental work plan... ( signed by Judge Morris E. Lasker ); Copies mailed (cd)

Jan. 14, 1993

Jan. 14, 1993

PACER

ORDER, that Mr. Kenneth Schoen shall serve as a neutral third party to advise and assist the defts in achieving compliance with the consent judgments and informally to assist the parties in resolving disputes as to compliance with the consent judgments... ( signed by Judge Morris E. Lasker ); Copies mailed (cd)

Jan. 19, 1993

Jan. 19, 1993

PACER

ORDER, revised classification work plan order, that the revised classification work plan of 1/12/93 and the annexed annotated version of the 3/91 plan, are hereby adopted and shall be entered as an order of this court... ( signed by Judge Morris E. Lasker ); Copies mailed (cd)

Jan. 19, 1993

Jan. 19, 1993

PACER

ORDER, directing notice to the pltff class ( signed by Judge Morris E. Lasker ); Copies mailed (emil)

Jan. 26, 1993

Jan. 26, 1993

PACER

ORDER, concerning submission of work plans and completion of the compliance process ( signed by Judge Morris E. Lasker ); Copies mailed (cd)

Feb. 8, 1993

Feb. 8, 1993

PACER

ORDER, that this case is restored to the open docket ( signed by Judge Morris E. Lasker ); Copies mailed (cd) Modified on 05/05/1994

Feb. 17, 1993

Feb. 17, 1993

PACER

Case reopened (cd)

Feb. 17, 1993

Feb. 17, 1993

PACER

public hearing adjourned to 3/10/93. (cd)

March 8, 1993

March 8, 1993

PACER

ORDER, that defts shall issue compensation of $150.00 to the one plntff entitled, Mary Jo Mullen. Payment shall be turned over to the custody of the Office of Compliance Consultants... ( signed by Judge Morris E. Lasker ); Copies mailed (cd)

March 9, 1993

March 9, 1993

PACER

SEALED DOCUMENT placed in vault (cd)

March 9, 1993

March 9, 1993

PACER

public hearing held. (cd)

March 10, 1993

March 10, 1993

PACER

STIPULATION and ORDER, regarding Rikers Island Bridge control sanitation procedures ( signed by Judge Morris E. Lasker ). (cd) Modified on 03/11/1993

March 10, 1993

March 10, 1993

PACER

SUPPLEMENTAL ORDER, for promulgation and implementation of uniform visit procedures for Rikers Island Visitor Access ( signed by Judge Morris E. Lasker ); Copies mailed (cd) Modified on 03/11/1993

March 10, 1993

March 10, 1993

PACER

PARTIAL STIPULATION and ORDER, for promulgation of uniform visit procedures for Rikers Island visitor access ( signed by Judge Morris E. Lasker ). (cd) Modified on 03/22/1993

March 11, 1993

March 11, 1993

PACER

SUPPLEMENTAL ORDER, concerning repair of kitchen at the Bronx House of Detention for Men ( signed by Judge Morris E. Lasker ); Copies mailed (cd)

March 17, 1993

March 17, 1993

PACER

STIPULATION and ORDER, dismissing, due to settlement, with prejudice and without costs; deft City of New York agrees to pay plntff the sum of $14,750... ( signed by Judge Morris E. Lasker ). (cd) Modified on 05/03/1993

April 30, 1993

April 30, 1993

PACER

Case closed (cd)

April 30, 1993

April 30, 1993

PACER

Case reopened (cd)

May 14, 1993

May 14, 1993

PACER

ORDER, that defts shall issue checks to the named members of the plntff class in the above cited amounts. All payments shall be turned over to the custody of the Office of Compliance Consultants who shall perform all necessary tasks to ensure that these members of the plntff class receive these payments ( signed by Judge Morris E. Lasker ); Copies mailed (cd)

July 12, 1993

July 12, 1993

PACER

ORDER, the city shall be fined for the 110 day delay in the design stage of phase 1 of the kitchen rethermalization project in the amount of &90,400 shall be deposited into the registry of the Court... ( signed by Judge Morris E. Lasker ); Copies mailed (cd)

Aug. 17, 1993

Aug. 17, 1993

PACER

ORDER, for placing funds in CRIS for the sum of $90,400.00 (placed in CRIS on 9/15/93) ( signed by Judge Morris E. Lasker ); Copies mailed (cd)

Sept. 15, 1993

Sept. 15, 1993

PACER

ORDER, regarding environmental Health Work Plan for Sanitation, defts etc shall strictly adhere to all deadlines in this Work Plan as otherwise authorized by the court... ( signed by Judge Morris E. Lasker ); Copies mailed (cd)

Nov. 10, 1993

Nov. 10, 1993

PACER

Letter filed, form Judge Lasker, dated 11/12/93 re Environmental Health Work Plan (cd) Modified on 11/16/1993

Nov. 12, 1993

Nov. 12, 1993

PACER

Letter filed, dated 11/13/93 re approval of the Enviornmental Health Work Plan for Sanitation by OCC on 11/8/93 (cd) Modified on 11/16/1993

Nov. 15, 1993

Nov. 15, 1993

PACER

SEALED DOCUMENT placed in vault (lr) Modified on 05/05/1994

Nov. 17, 1993

Nov. 17, 1993

PACER

ORDER, ordered, adjudged and decreed that defts shall issue checks to the above named members of the pltff class in the above cited amounts. All payments shall be turned over to the custody of the Offfice of Compliance Consultants who shall perform all necessary tasks to ensure that these members of the pltff class receive these payments. ( signed by Judge Morris E. Lasker ); Copies mailed (kg)

Nov. 17, 1993

Nov. 17, 1993

PACER

ORDER, donation of "undeliverable funds resulting from Housing order violations and defts shall issue a check for the amount of $7,350, made payable to Community Funds, Inc. ...money to be used for the purpose of assisting female inmates upon their release from prison or jail... ( signed by Judge Morris E. Lasker ); Copies mailed (cd)

Nov. 19, 1993

Nov. 19, 1993

PACER

SEALED DOCUMENT placed in vault (lr) Modified on 05/05/1994

Dec. 6, 1993

Dec. 6, 1993

PACER

ORDER, for distribution of $150.00 to B. Gertzy as compensation ( signed by Judge Morris E. Lasker ); Copies mailed (cd) Modified on 05/05/1994

Dec. 6, 1993

Dec. 6, 1993

PACER

ORDER, re: fire safety improvements and schedule for closure of wood framed modular housing units ( signed by Judge Morris E. Lasker ); Copies mailed (cd)

Dec. 17, 1993

Dec. 17, 1993

PACER

ORDER, superseded by order dated 12/17/93 (unsigned); (cd)

Dec. 21, 1993

Dec. 21, 1993

PACER

Letter filed by Catherine Abate dated 12/3/93 re modular closings (cd)

Dec. 21, 1993

Dec. 21, 1993

PACER

Letter filed by James Benjamin dated 12/7/93 re response to 12/3/93 Daly letter (cd)

Dec. 21, 1993

Dec. 21, 1993

PACER

Memo, from J. Lasker to all parties, filed dated 12/9/93 re request for the Legal Aid Society to prepare a draft of an order based on Mr. Schoen's proposal as modified by the suggestions contained in the Legal Aid Society letter of 12/7. (cd)

Dec. 21, 1993

Dec. 21, 1993

PACER

SUPPLEMENTAL ORDER, regarding the Environmental Health Work Plan for Sanitation... ( signed by Judge Morris E. Lasker ); Copies mailed (cd)

Feb. 25, 1994

Feb. 25, 1994

PACER

ORDER, regarding compliance monitoring work plan is adopted and shall be entered as an order... ( signed by Judge Morris E. Lasker ); Copies mailed (cd)

Feb. 25, 1994

Feb. 25, 1994

PACER

Letter filed by James Benjamin dated 2/25/94 re agreement to the Compliance Monitoring Work Plan, submitted by OCC on 2/25/94 (cd)

Feb. 28, 1994

Feb. 28, 1994

PACER

ORDER, that as per the 7/31/91 order, the Office of Compliance has found that two members of the plntf class are entitled to compensation in the amounts of $150.00 ... ( signed by Judge Morris E. Lasker ); Copies mailed (cd) Modified on 05/09/1994

March 29, 1994

March 29, 1994

PACER

ORDER, that as per the 12/21/90 order, the Office of Compliance Consultants has found that one member of the plntf class is entitled to compensation in an amount of $150.00... ( signed by Judge Morris E. Lasker ); Copies mailed (cd)

March 29, 1994

March 29, 1994

PACER

SEALED DOCUMENT placed in vault (af)

March 29, 1994

March 29, 1994

PACER

ORDER, for the weekend of 4/16 and 4/17, religious services may be held in the days rooms of the unit; the law library may be closed on Saturday, provided that it shall be open on Monday, for the same hours it would have been open on Saturday; an observer in each block shall be on hand from the Investigative Division of the dept... ( signed by Judge Morris E. Lasker ); Copies mailed (cd)

April 18, 1994

April 18, 1994

PACER

NOTICE OF MOTION by Catherine Abate for an order permitting City of NY to modify its obligation to use the Rockland County production Center as indicated in a 11/1/93 letter requiring by the Food Service Work Plan as revised by order of this Court on 7/10/92, Return date 5/2/94 (ls)

April 19, 1994

April 19, 1994

PACER

MEMORANDUM by Catherine Abate in support of [0-1] motion for an order permitting City of NY to modify its obligation to use the Rockland County production Center as indicated in a 11/1/93 letter requiring by the Food Service Work Plan as revised by order of this Court on 7/10/92 (ls)

April 19, 1994

April 19, 1994

PACER

SEALED DOCUMENT placed in vault (af) Modified on 05/05/1994

May 5, 1994

May 5, 1994

PACER

NOTICE OF CROSS MOTION by James Benjamin for enforcement of its order re: Complainc e with Work Plan Deadlies, entered 7/10/92, for a judgment of contempt, Return date 5/23/94(ls) Modified on 05/09/1994

May 5, 1994

May 5, 1994

PACER

MEMORANDUM by James Benjamin re: in opposition to [0-1] motion for an order permitting City of NY to modify its obligation to use the Rockland County production Center as indicated in a 11/1/93 letter requiring by the Food Service Work Plan as revised by order of this Court on 7/10/92, in support of [0-2] cross motion for a judgment of contempt, [0-1] cross motion for enforcement of its order re: Complainc e with Work Plan Deadlies, entered 7/10/92 (ls) Modified on 05/09/1994

May 5, 1994

May 5, 1994

PACER

ORDER, that defts shall issue checks to the above named members of the pltff class in the above cited amounts. All payments shall be turned over to the custody of the Office of Compliance Consultants who shall perform all necessary tasks to ensure that these membersof the pltff class receive these payments ( signed by Judge Morris E. Lasker ); Copies mailed (mk)

May 5, 1994

May 5, 1994

PACER

MEMORANDUM by Catherine Abate in opposition to [0-1] cross motion for enforcement of its order re: Complainc e with Work Plan Deadlies, entered 7/10/92, [0-2] cross motion for a judgment of contempt (ls)

May 9, 1994

May 9, 1994

PACER

AFFIDAVIT in support of Antonio Figueroa by Catherine Abate Re: defts' claim of deliberative privilege regarding the redacted portions of four reports on fire safety and in opposition to pltffs' motin to compel disclosure of the redacted portions of those reports (ls)

May 9, 1994

May 9, 1994

PACER

SEALED DOCUMENT placed in vault (sp)

May 13, 1994

May 13, 1994

PACER

ORDER, that defts shall issue checks to the members of the pltff class named in this order in the amounts cited. All payments shall be turned over to the custody of the Office of Compliance Consultants who shall perform all necessary tasks to ensure that these members of the pltff class receive these payments ( signed by Judge Morris E. Lasker ); Copies mailed (emil)

May 16, 1994

May 16, 1994

PACER

REPLY MEMORANDUM by James Benjamin in support of [0-1] opposition memorandum, [0-1] affidavit (ls)

May 19, 1994

May 19, 1994

PACER

MEMORANDUM by Catherine Abate in opposition to [0-1] cross motion for enforcement of its order re: Complainc e with Work Plan Deadlies, entered 7/10/92, and in support of [0-1] motion for an order permitting City of NY to modify its obligation to use the Rockland County production Center as indicated in a 11/1/93 letter requiring by the Food Service Work Plan as revised by order of this Court on 7/10/92 (ls)

May 23, 1994

May 23, 1994

PACER

STIPULATION and ORDER, that proposed cuts in the City's FY 1995 budget that would have the effect of reducing the current operations of the Montefiore Medical Center-Rikers Island Health Servicews laboratory, and would indirectly result in the elimination of the MMC-RIHS post of Coordinator of Directly Observed Therapy for inmates taking tuberculosis medications shall not take place, and these services shall be funded in FY 1995 at levels at least sufficient to maintain their current operations... ( signed by Judge Morris E. Lasker ). (cd)

July 1, 1994

July 1, 1994

PACER

ORDER granting [0-1] cross motion for enforcement of its order re: Complainc e with Work Plan Deadlies, entered 7/10/92, granting [0-2] cross motion for a judgment of contempt, denying [0-1] motion for an order permitting City of NY to modify its obligation to use the Rockland County production Center as indicated in a 11/1/93 letter requiring by the Food Service Work Plan as revised by order of this Court on 7/10/92. Submit proposed order on notice ( signed by Judge Morris E. Lasker ); Copies mailed (cd)

July 29, 1994

July 29, 1994

PACER

SEALED DOCUMENT placed in vault (lr)

Aug. 19, 1994

Aug. 19, 1994

PACER

ORDER, that defts shall issue a check to the member of plntf class (signature illegible) for the amount of $150.00 ( signed by Judge Morris E. Lasker ); Copies mailed (cd)

Aug. 19, 1994

Aug. 19, 1994

PACER

ORDER, that the City's motion to modify the revised food service work plani is denied...this order is without prejudice to future applications by plntfs for sanctions for noncompliance with Revised Food Service Work Plan deadlines that have not yet passed, or for further relief based on circumstances not now beofre the Court ( signed by Judge Morris E. Lasker ); Copies mailed (cd)

Sept. 8, 1994

Sept. 8, 1994

PACER

Letter filed to Judge Lasker from John Boston dated 9/21/94 re Rule 59 (e) motion seeking alteration of the order determining our recent contempt motion (ls)

Sept. 23, 1994

Sept. 23, 1994

PACER

NOTICE OF MOTION by James Benjamin for reconsideration and for alteration and amendment of the [0-1] order that the City's motion to modify the revised food service work plani is denied...this order is without prejudice to future applications by plntfs for sanctions noncompliance with Revised Food Service Work Plan deadlines that have not yet passed, or for further relief based on circumstances not now beofre the Court, and for enforcement of the court's earlier sanctions order, Return date 10/5/94 date (ls)

Sept. 23, 1994

Sept. 23, 1994

PACER

MEMORANDUM by attny's. for Jamerson Miller in opposition to Dept. of Corrections motion to dismiss. Orig. doc. fld. in case no. 94 Civ. 3200 (MEL) (ls)

Sept. 27, 1994

Sept. 27, 1994

PACER

Letter filed to Judge Lasker from Burt Schoenbach, C.I.E. dated 10/3/94 (ls)

Oct. 4, 1994

Oct. 4, 1994

PACER

Transcript of record of proceedings filed for dates of 7/7/94 (ls)

Oct. 12, 1994

Oct. 12, 1994

PACER

ORDER, Pltffs' motion to compel production of documents is granted for the reasons stated on the record at the Office if Compliance Consultants' conference ( signed by Judge Morris E. Lasker ); Copies mailed (mk)

Nov. 10, 1994

Nov. 10, 1994

PACER

STIPULATION and ORDER terminating [0-1] motion for reconsideration and for alteration and amendment of the [0-1] order that the City's motion to modify the revised food service work plani is denied...this order is without prejudice to future applications by plntfs for sanctions noncompliance with Revised Food Service Work Plan deadlines that have not yet passed, or for further relief based on circumstances not now beofre the Court, terminating [0-2] motion for enforcement of the court's earlier sanctions order, The parties agree that pltffs' pending motion to amend the order shall be resolved in part as follows: etc... ( signed by Judge Morris E. Lasker ). (ls)

Nov. 28, 1994

Nov. 28, 1994

PACER
94

ORDER, re consent decree compliance during in-house food service ( signed by Judge Morris E. Lasker ); Copies mailed (docketed re appeal on 9/25/96) (cd) (Entered: 09/25/1996)

Dec. 19, 1994

Dec. 19, 1994

PACER

ORDER, regarding hiring of compliance auditing staff ( signed by Judge Morris E. Lasker ); Copies mailed (emil)

Jan. 11, 1995

Jan. 11, 1995

PACER

ORDER, the Clerk of the Court is to prepare the necessary forms to effectuate the transfer of said funds from the registry of the Court, SDNY to the registry of the Court of the Southern Dist. of TX, for the purpose of placing said funds in the Court Registry System, Interest Bearing Account. The Clerk shall deduct from the income earned on the investment a fee not exceeding that authorized by the Judicial Conference of the U.S. and set by the director of the Administrative Office whenever such income becomes available for deduction from the investment so held and without further order of this Court ( signed by Judge Morris E. Lasker ); Copies mailed. Sent to Cashier's Office on 1/25/95. (emil)

Jan. 25, 1995

Jan. 25, 1995

PACER

Remark (on face page of Order file stamped 1/25/95) by Cashier's Office that $123,400 was placed in the CRIS Account on 1/18/95 (emil)

Jan. 25, 1995

Jan. 25, 1995

PACER

ORDER TO SHOW CAUSE by James Benjamin Show Cause Hearing set for 2/7/95 for an order finding the defts, their agents and employees, and all persons acting in concert w/ them, in contempt of court for failing to carry out the terms of the Compliance Monitoring Work Plan regarding the hiring of civilian staff and the commencement of compliance audits and imposing sanctions therefor ( signed by Judge Morris E. Lasker ); Declaration in support attached. Copies mailed. (emil)

Jan. 26, 1995

Jan. 26, 1995

PACER

Transcript of record of proceedings filed for dates of 9/29/94 (emil)

Feb. 10, 1995

Feb. 10, 1995

PACER

ORDER, Mr. Kenneth Schoen shall serve as a neutral third party to advise and assist the defts in achieving compliance w/ the Consent Judgments and informally to assist the parties in resolving disputes as to compliance w/ the Consent Judgments. Mr. Schoen, no less frequently than at 4 month intervals, shall submit written reports regarding compliance. Upon the formal request of a party, OCC shall, as it has in the past, entertain an order of priority for the consideration of compliance issues. Mr. Schoen shall serve in the described position for a minimum of 24 months. The parties agree that pltffs' motion to hold defts in contempt and defts' cross-motion to be relieved of certain provisions of the Consent Judgments will, with the Court's approval, be adjourned sine die ( signed by Judge Morris E. Lasker ); Copies mailed (emil)

Feb. 16, 1995

Feb. 16, 1995

PACER

STIPULATION and ORDER, Paragraph Q of the Stip for Entry of Partial Final Judgment, dated 11/29/78, is modified so as to permit the Dept. of Correction to provide CPSU inmates w/ congregate religious services in appropriately-equipped dayroom areas within the confines of the CPSU. It shall no longer be required that CPSU inmates attend religious services w/ general population. The Dept. shall continue to utilize and maintain the video cameras in the CPSU law libraries, search areas, cell block tiers and other locations listed in Appendix A, along w/ the time-lapse recording system. One year after the full complement of cameras is installed and operating, and annually thereafter, the Dept. shall review the incidents of use of force, assault on staff, and inmate-inmate altercations which have taken place in the CPSU, and after consultation w/ pltffs' attys, shall install add'l video cameras if necessary, in any location where it determines such placement is warranted ( signed by Judge Morris E. Lasker ). (emil)

Feb. 23, 1995

Feb. 23, 1995

PACER

ORDER denying [0-1] motion for an order finding the defts, their agents and employees, and all persons acting in concert w/ them, in contempt of court for failing to carry out the terms of the Compliance Monitoring Work Plan regarding the hiring of civilian staff and the commencement of compliance audits and imposing sanctions therefor. Although the motion is denied, the defts - including OMB and all relevant City agencies and actors - are on notice that in matters of this kind the cumulative record may be controlling and that, in light of the history to date, a further lapse might certainly constitute a contempt. Take us seriously. Submit order on notice ( signed by Judge Morris E. Lasker ); Copies mailed (emil)

March 2, 1995

March 2, 1995

PACER

ORDER, defts shall issue checks to the members of the pltff class named in this order in the cited amounts. All payments shall be turned over to the custody of the Office of Compliance Consultants who shall perform all necessary tasks to ensure that these members of the pltff class receive these payments ( signed by Judge Morris E. Lasker ); Copies mailed (emil)

March 2, 1995

March 2, 1995

PACER

SEALED DOCUMENT placed in vault (af)

March 7, 1995

March 7, 1995

PACER

ORDER, defts shall issue checks to the members of the pltff class listed in this order in the cited amounts. All payments shall be turned over to the custody of the Office of Compliance Consultants who shall perform all necessary tasks to ensure that these members of the pltff class receive these payments ( signed by Judge Morris E. Lasker ); Copies mailed (emil)

March 30, 1995

March 30, 1995

PACER

SEALED DOCUMENT placed in vault (sp)

March 31, 1995

March 31, 1995

PACER

NOTICE OF MOTION by Catherine Abate purs. to FRCP 60(b) to modify paragraph 3 of the Court's Order dated 11/22/94 and to further modify all other outstanding Orders concerning development of a cook/chill food service program to the extent necessary to provide that no such Order shall require defts to proceed w/ add'l planning and development of such a program until after resolution of the motion, if any, submitted purs. to the preceding paragraph, to stay the obligations set out in paragraph 3 of the 11/22/94 order in connection w/ identifying the site of the cook/chill production center until resolution of the instant motion, Return date 4/17/95. Affidavits in support attached. (emil)

April 3, 1995

April 3, 1995

PACER

MEMORANDUM by Catherine Abate in support of [0-1] motion purs. to FRCP 60(b) to modify paragraph 3 of the Court's Order dated 11/22/94 and to further modify all other outstanding Orders concerning development of a cook/chill food service program to the extent necessary to provide that no such Order shall require defts to proceed w/ add'l planning and development of such a program until after resolution of the motion, if any, submitted purs. to the preceding paragraph, [0-2] motion to stay the obligations set out in paragraph 3 of the 11/22/94 order in connection w/ identifying the site of the cook/chill production center until resolution of the instant motion (emil)

April 3, 1995

April 3, 1995

PACER

Transcript of record of proceedings filed for dates of 2/7/95 (emil)

April 5, 1995

April 5, 1995

PACER

MEMORANDUM by James Benjamin in opposition to [0-1] motion purs. to FRCP 60(b) to modify paragraph 3 of the Court's Order dated 11/22/94 and to further modify all other outstanding Orders concerning development of a cook/chill food service program to the extent necessary to provide that no such Order shall require defts to proceed w/ add'l planning and development of such a program until after resolution of the motion, if any, submitted purs. to the preceding paragraph, [0-2] motion to stay the obligations set out in paragraph 3 of the 11/22/94 order in connection w/ identifying the site of the cook/chill production center until resolution of the instant motion (emil)

April 11, 1995

April 11, 1995

PACER

DECLARATION of Lisa Freeman in opposition by James Benjamin [0-1] motion purs. to FRCP 60(b) to modify paragraph 3 of the Court's Order dated 11/22/94 and to further modify all other outstanding Orders concerning development of a cook/chill food service program to the extent necessary to provide no such Order shall require defts to proceed w/ add'l planning and development of such a program until after resolution of the motion, if any, submitted purs. to the preceding paragraph, [0-2] motion to stay the obligations set out in paragraph 3 of the 11/22/94 order in connection w/ identifying the site of the cook/chill production center until resolution of the instant motion (emil)

April 11, 1995

April 11, 1995

PACER

ORDER, Defts shall issue checks to the members of the pltff class named in this order in the cited amounts. All payments shall be turned over to the custody of the Office of Compliance Consultants who shall perform all necessary tasks to ensure that these members of the pltff class receive these payments ( signed by Judge Morris E. Lasker ); Copies mailed (emil)

April 13, 1995

April 13, 1995

PACER

ORDER, defts shall issue checks to the members of the pltff class named in this order in the cited amounts. All payments shall be turned over to the custody of the Office of Compliance Consultants who shall perform all necessary tasks to ensure that these members of the pltff class receive these payments ( signed by Judge Morris E. Lasker ); Copies mailed (emil)

April 13, 1995

April 13, 1995

PACER

ORDER, regarding fines for violation of compliance monitoring work plan. Defts are fined $138,201.54 for the failure timely to hire compliance auditing staff. Pltffs' application for a finding of contempt and for add'l sanction is denied ( signed by Judge Morris E. Lasker ); Copies mailed (emil)

April 13, 1995

April 13, 1995

PACER

SEALED DOCUMENT placed in vault (sp)

April 13, 1995

April 13, 1995

PACER

REPLY MEMORANDUM by Catherine Abate, et al in support of their motion for a temporary stay of obligations related to cook/chill. (emil)

April 14, 1995

April 14, 1995

PACER

AFFIDAVITS of David B. Goldin, Kenneth E. DuBose and Steven Conry by Catherine Abate, et alin support of the motion for a temporary stay of obligations related to cook/chill (emil)

April 14, 1995

April 14, 1995

PACER

ORDER, defts shall issue checks to members of the pltff class listed in this order in the cited amounts. All payments shall be turned over to the custody of the Office of Compliance Consultants who shall perform all necessary tasks to ensure that these members of the pltff class receive these payments ( signed by Judge Morris E. Lasker ); Copies mailed (emil)

April 20, 1995

April 20, 1995

PACER

SEALED DOCUMENT placed in vault (da)

April 20, 1995

April 20, 1995

PACER

ORDER, that the above-captioned case, along with all associated cases, are hereby transferred purs. to Rule 16 of the SDNY's Rules for the Division of Business Among District Judges from the Hon. Lasker to the Hon. Baer. ( signed by Judge Harold Baer Jr. ); Copies mailed (gave copy of order to D.G. on 4/25/95) (kg)

April 24, 1995

April 24, 1995

PACER
95

ORDER, re City motion to temporarily suspend its obligations arising from an order entered per various consent decrees; the City is granted 56 days in which to evaluate its less expensive alternatives... ( signed by Judge Harold Baer Jr. ); Copies mailed (added on 9/25/96 re appeal) (cd) (Entered: 09/25/1996)

April 26, 1995

April 26, 1995

Clearinghouse

NOTICE OF MOTION by defts for an order purs. to FRCP 60(b) modifying the "Inmate Jewelry" provision of the Stipulations for Entry of Partial Final Judgment entered in 1978 in Benjamin v. Malcolm and the related cases encompassed herein, by adding a prohibition against the receipt, wearing and display of gang-identifying jewelry in detainee facilities, Return date 5/18/95. Declaration and Affidavit in support attached. (emil) Modified on 05/10/1995

May 8, 1995

May 8, 1995

PACER

MEMORANDUM by defts in support of [0-1] motion for an order purs. to FRCP 60(b) modifying the "Inmate Jewelry" provision of the Stipulations for Entry of Partial Final Judgment entered in 1978 in Benjamin v. Malcolm and the related cases encompassed herein, by adding a prohibition against the receipt, wearing and display of gang-identifying jewelry in detainee facilities (emil)

May 8, 1995

May 8, 1995

PACER

SEALED DOCUMENT placed in vault (sp)

May 24, 1995

May 24, 1995

PACER

Case Details

State / Territory: New York

Case Type(s):

Jail Conditions

Key Dates

Filing Date: June 24, 1975

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

Pre-trial detainees at Rikers Island Detention Center for Men.

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

Legal Services/Legal Aid

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

New York City (Bronx, Bronx), City

New York State (Albany, Albany), State

Defendant Type(s):

Corrections

Jurisdiction-wide

Case Details

Causes of Action:

42 U.S.C. § 1983

Constitutional Clause(s):

Cruel and Unusual Punishment

Availably Documents:

Trial Court Docket

Monetary Relief

Injunctive (or Injunctive-like) Relief

Any published opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Damages

Source of Relief:

Settlement

Litigation

Form of Settlement:

Court Approved Settlement or Consent Decree

Order Duration: 1979 - None

Content of Injunction:

Monitor/Master

Monitoring

Issues

General:

Access to lawyers or judicial system

Bathing and hygiene

Classification / placement

Disciplinary procedures

Disciplinary segregation

Fire safety

Food service / nutrition / hydration

Gay/lesbian/transgender

Law library access

Mail

Phone

Religious programs / policies

Restraints : physical

Sanitation / living conditions

Strip search policy

Totality of conditions

Visiting

Crowding:

Crowding / caseload

Pre-PLRA Population Cap

Affected Gender:

Male

Type of Facility:

Government-run