Case: U.S. v. Nassau County Sheriff's Dept.

2:02-cv-02382 | U.S. District Court for the Eastern District of New York

Filed Date: April 22, 2002

Closed Date: May 5, 2008

Clearinghouse coding complete

Case Summary

On April 19, 1999, the U.S. Department of Justice (DOJ) notified the Nassau County Correctional Center (NCCC) in New York of its intent to investigate conditions at the jail to determine whether they were unconstitutional. The DOJ conducted this investigation under the authority of 42 U.S.C. § 1997, also known as the Civil Rights of Institutionalized Persons Act (CRIPA). On September 11, 2000, the DOJ issued a findings letter containing evidence that NCCC unconstitutionally physically abused …

On April 19, 1999, the U.S. Department of Justice (DOJ) notified the Nassau County Correctional Center (NCCC) in New York of its intent to investigate conditions at the jail to determine whether they were unconstitutional. The DOJ conducted this investigation under the authority of 42 U.S.C. § 1997, also known as the Civil Rights of Institutionalized Persons Act (CRIPA). On September 11, 2000, the DOJ issued a findings letter containing evidence that NCCC unconstitutionally physically abused inmates and behaved with deliberate indifference to inmates' serious medical needs.

In April 2002, the DOJ filed a complaint in the U.S. District Court for the Eastern District of New York, and the parties' settlement agreement was attached to the complaint. The case was assigned to Arlene Lindsay. The complaint alleged that NCCC violated the Eighth and Fourteenth Amendments by subjecting inmates to improper use of force and failing to provide medical care. Under the settlement, the NCCC agreed to develop and implement appropriate policies regarding inmate medical care and mental health services. Specifically, the policies were to address issues in the areas of inmate prescreening, staffing levels, sick call, medication distribution, emergency care, dental care, mental health care, substance abuse treatment, disease control, records, training, mortality reviews, inmate education, sanitation, immunization, and medical grievance procedures.

The NCCC also agreed to develop and implement new procedures concerning the use of force against inmates. Specifically, the policies were to address issues in the areas of staff training, reporting and documenting use of force, use of chemical agents, use of restraints, physical contact between staff and inmates.

On May 7, 2002, the court conditionally dismissed the complaint, provided that the defendant had substantially complied with the agreement over the course of three years. In August 2002, the court reassigned the case to Judge Leonard Wexler.

On July 15, 2005, the parties jointly stipulated that NCCC was in substantial compliance with the portion of the settlement agreement about improper use of force and the court accordingly dismissed that portion of the case. However, the parties agreed that NCCC was not in substantial compliance with the portion of the settlement agreement relating to the provision of medical care and the court thus retained jurisdiction until NCCC was in substantial compliance.

On March 14, 2008, the parties stipulated that NCCC was then substantially compliant with settlement agreement related to provision of medical care. Accordingly, Judge Wexler dismissed the case in full. The case is now closed.

Summary Authors

Kristen Sagar (4/24/2006)

Hope Brinn (10/25/2018)

People


Judge(s)

Wexler, Leonard D. (New York)

Attorneys(s) for Plaintiff

Ashcroft, John (District of Columbia)

Boyd, Ralph F. Jr. (District of Columbia)

Brown Cutlar, Shanetta Y. (District of Columbia)

Campbell, Benton J (New York)

Chen, Pamela K. (District of Columbia)

Cohen, Sanford (New Mexico)

Goldberger, Michael J. (New York)

Masling, Mark S. (District of Columbia)

Nelson, Mellie H. (District of Columbia)

Judge(s)

Wexler, Leonard D. (New York)

Attorneys(s) for Plaintiff

Ashcroft, John (District of Columbia)

Boyd, Ralph F. Jr. (District of Columbia)

Brown Cutlar, Shanetta Y. (District of Columbia)

Campbell, Benton J (New York)

Chen, Pamela K. (District of Columbia)

Cohen, Sanford (New Mexico)

Goldberger, Michael J. (New York)

Masling, Mark S. (District of Columbia)

Nelson, Mellie H. (District of Columbia)

Rosenbaum, Steven H. (District of Columbia)

Schlozman, Bradley (District of Columbia)

Shoenberg, Dana (District of Columbia)

Tepper, Marla (New York)

Vinegrad, Alan (New York)

Weiss, Daniel H. (District of Columbia)

Attorneys(s) for Defendant

Goodman, Lorna B. (New York)

Gulotta, Thomas (New York)

Samenga, Alfred (New York)

Documents in the Clearinghouse

Document

2:02-cv-02382

Docket [PACER]

United States of America v. Nassau County

May 5, 2008

May 5, 2008

Docket

Settlement Agreement

U.S.v. Nassau County Sheriff's Dept.

April 2, 2002

April 2, 2002

Settlement Agreement
1

2:02-cv-02382

Complaint

U.S.v. Nassau County Sheriff's Dept.

April 22, 2002

April 22, 2002

Complaint
7

2:02-cv-02382

Stipulation

United States of America v. Nassau County

July 15, 2005

July 15, 2005

Pleading / Motion / Brief
10

2:02-cv-02382

Stipulation of Dismissal

United States of America v. Nassau County

March 20, 2008

March 20, 2008

Pleading / Motion / Brief

Resources

Docket

Last updated June 4, 2022, 3:14 a.m.

ECF Number Description Date Link Date / Link
1

Complaint filed and summons not issued as to defendant(s) Nassau County, Nassau County Executive, Nassau County Sheriff's Department, Edward Reilly.. Filed by Marla Anne Tepper on behalf of United States of America. (Attachments: # 1 Civil Cover Sheet)(Basile, Antonietta) (Entered: 04/26/2002)

April 22, 2002

April 22, 2002

2

Joint Motion to dismiss (conditionally) pursuant to Fed. R. Civ. P. 41 (a)(2), conditional upon deft's achieving compliance with the terms of the Settlement Agreement. The parties respectfully request that the Court place the case on its inactive docket while retainig jurisdiciton over the case until a final dismissal with prejudice is entered. filed by Mellie H. Nelson on behalf of United States of America. (Montero, Edher) (Entered: 05/13/2002)

April 22, 2002

April 22, 2002

3

Order entered on 5/7/02 granting motion to conditionally dismiss this action pusuant to Fed. R. Civ. P. 41(a)(2), conditional upon deft's achieving compliance with the terms of the Settlement Agreement. (signed by Judge Leonard D. Wexler on 5/7/02) c/m (Montero, Edher) (Entered: 05/13/2002)

May 7, 2002

May 7, 2002

4

Order: In light of the District Court's conditional dismissal of this matter, this case is returned to the District Court. So ordered (signed by Mag/Judge Arlene R. Lindsay on 8/22/02) c/f (Montero, Edher) (Entered: 08/26/2002)

Aug. 22, 2002

Aug. 22, 2002

Case Reassigned to USDJ Leonard D. Wexler. Arlene R. Lindsay no longer assigned to the case. (Montero, Edher) (Entered: 08/26/2002)

Aug. 22, 2002

Aug. 22, 2002

5

ORDER: On consent, the above action is hereby administratively removed from the calendar without prejudice with the right to be restored upon written request. The Clerk of the court is directed to close this action without prejudice SO ORDERED (Signed by Judge Leonard D. Wexler on 12/3/03) c/m(Montero, Edher) (Entered: 12/08/2003)

Dec. 3, 2003

Dec. 3, 2003

6

Letter from AUSA Marla Tepper to Judge Wexler Regarding the filing of a Stipulation entered between the United States and the defendants Nassau County, et. al.. (Tepper, Marla) (Entered: 07/15/2005)

July 15, 2005

July 15, 2005

7

STIPULATION entered between the United States and defendants Nassau County, et al filed by United States of America. (Tepper, Marla) (Entered: 07/15/2005)

July 15, 2005

July 15, 2005

ENDORSED ORDER re 7 Stipulation filed by USA (Ordered by Judge Leonard D. Wexler on 7/19/05). C/M(Montero, Edher) (Entered: 07/21/2005)

July 19, 2005

July 19, 2005

8

Letter notifying the Court that the United States has determined that Nassau County is in substantial compliance with the settlement agreement in this action, and forwarding a stipulation of final dismissal by United States of America (Goldberger, Michael) (Entered: 03/14/2008)

March 14, 2008

March 14, 2008

9

STIPULATION of Dismissal by United States of America (Goldberger, Michael) (Entered: 03/14/2008)

March 14, 2008

March 14, 2008

10

STIPULATION AND ORDER OF DISMISSAL.. Ordered by Senior Judge Leonard D. Wexler on 3/20/08. cm (Mierzejewski, Elizabeth) (Entered: 03/21/2008)

March 20, 2008

March 20, 2008

11

STIPULATION of Dismissal by Edward Reilly, United States of America, Nassau County, Nassau County Executive, Nassau County Sheriff's Department agreeing the County has met its obligations regarding the remaining provisions of the Settlement Agreement, relating to the provision of medical and mental health care to inmates at the NCCC. (signed by Leonard D. Wexler, US District Judge 5/5/08) (Barhome, Sydelle) (Entered: 05/09/2008)

May 5, 2008

May 5, 2008

Case Details

State / Territory: New York

Case Type(s):

Jail Conditions

Key Dates

Filing Date: April 22, 2002

Closing Date: May 5, 2008

Case Ongoing: No

Plaintiffs

Plaintiff Description:

United States Department of Justice

Plaintiff Type(s):

U.S. Dept of Justice plaintiff

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Nassau County (Nassau), County

Defendant Type(s):

Corrections

Case Details

Causes of Action:

Civil Rights of Institutionalized Persons Act (CRIPA), 42 U.S.C. § 1997 et seq.

Availably Documents:

Trial Court Docket

Complaint (any)

Injunctive (or Injunctive-like) Relief

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Order Duration: 2002 - 2008

Content of Injunction:

Monitoring

Training

Issues

General:

Assault/abuse by staff

Excessive force

Suicide prevention

Medical/Mental Health:

Medical care, unspecified

Mental health care, general

Suicide prevention

Type of Facility:

Government-run