Case: Benjamin v. Horn

Benjamin v. Malcolm

Benjamin v. Malcolm

Benjamin v. Malcolm

Benjamin v. Malcolm

Benjamin v. Malcolm

Benjamin v. Malcolm

Benjamin v. Malcolm

Benjamin v. Malcolm

Benjamin v. Malcolm

Civil Rights Litigation Clearinghouse

Case closed (stat. closing) (pa)

Case closed (cd)

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)

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)

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3/3/91, shall be considered as continuing obligations of the defts except to the extent that they have been revised or superseded by obligations of the supplemental work plan...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)

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)

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)

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

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

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

Case reopened (cd)

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

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)

SEALED DOCUMENT placed in vault (cd)

public hearing held. (cd)

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

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

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

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

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

Case closed (cd)

Case reopened (cd)

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)

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)

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)

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)

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

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

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

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)

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)

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

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

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

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

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

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

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)

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

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

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)

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

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)

SEALED DOCUMENT placed in vault (af)

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)

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)

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)

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

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

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

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)

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)

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)

SEALED DOCUMENT placed in vault (sp)

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)

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

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)

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)

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)

SEALED DOCUMENT placed in vault (lr)

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)

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)

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)

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)

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)

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

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

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)

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)

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)

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

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)

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)

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)

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

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)

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)

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)

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)

SEALED DOCUMENT placed in vault (af)

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)

SEALED DOCUMENT placed in vault (sp)

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)

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)

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

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)

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)

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)

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)

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)

SEALED DOCUMENT placed in vault (sp)

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

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)

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)

SEALED DOCUMENT placed in vault (da)

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)

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)

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

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)

SEALED DOCUMENT placed in vault (sp)