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Case: Monaco v. Stone

1:98-cv-03386 | U.S. District Court for the Eastern District of New York

Filed Date: May 5, 1998

Closed Date: Sept. 27, 2016

Clearinghouse coding complete

Case Summary

Background On May 5, 1998, inmates in the Suffolk County Jail in New York filed a putative class action complaint on behalf of all individuals with mental illnesses facing civil commitment in jails and state-run hospitals. The suit also contained some individual claims from an individual plaintiff who was confined in Suffolk County jail and claims from the Mental Disability Law Clinic of Touro Center. The named defendants were various state officials in New York, the New York State Office of M…

Background

On May 5, 1998, inmates in the Suffolk County Jail in New York filed a putative class action complaint on behalf of all individuals with mental illnesses facing civil commitment in jails and state-run hospitals. The suit also contained some individual claims from an individual plaintiff who was confined in Suffolk County jail and claims from the Mental Disability Law Clinic of Touro Center. The named defendants were various state officials in New York, the New York State Office of Mental Health, individual doctors who worked for Office of Mental Health facilities, and officials from a private psychiatric hospital in New York in the U.S. District Court for the Eastern District of New York.

It is important to note that because of the lack of access to early documents in this case, the claims of the different plaintiffs below may not be complete and may not include some claims listed in early amendments of the complaint.

Class Claims

The class of individuals facing civil commitment in hospitals in New York brought a number of claims under 42 U.S.C. §1983, alleging violations of the Fourth and Fourteenth Amendments of the United States Constitution. They alleged that the defendants had violated the Americans with Disabilities Act and New York Criminal Procedure laws. These claims included treating mentally ill individuals who were facing civil commitment because they were found incompetent to stand trial unequally to other patients facing civil commitment. The class also claimed non-dangerous individuals were being committed, that Office of Mental Health professionals were not being properly trained on involuntary commitment procedures, and that the internal guidelines for civil commitment decisions were unclear. The Class claimed these problems existed much more broadly than state run hospitals. They alleged all other facilities with the authority to civilly commit individuals in New York under the NY Mental Hygiene Law were committing such violations. The Class thus also brought suits against private facilities in the state. The Class plaintiffs requested attorney fees, monetary damages, costs, and injunctive relief. The Class plaintiffs requested class certification the same day.

Individual Plaintiff’s Claims

The individual plaintiff involved in this case was a man living in New York who had been found incompetent to stand trial and involuntarily committed in an Office of Mental Health Facility. The Individual Plaintiff asserted violations of his Eighth and Fourteenth Amendment rights under the United States Constitution and violations of state common law. He filed the constitutional claims under 42 U.S.C. §1983. The Individual Plaintiff’s claims involved the length of time he was involuntarily confined, the fact that he was confined despite being non-dangerous, and inadequate psychiatric treatment leading up to his confinement, while he was still in custody in the jail. The individual plaintiff requested attorney fees, monetary damages, costs, and injunctive relief.

Class certification

On March 12, 1999, the U.S. District Court for the Eastern District of New York, (Judge Charles Proctor Sifton) certified the plaintiff class and certified a separate defendant class of local criminal court judges. Judge Sifton defined the plaintiff class as, “all individuals who have been or will be: (1) charged with a minor felony or misdemeanor, (2) evaluated to determine whether they are competent to stand trial, (3) found by court appointed psychiatrists to lack the capacity to stand trial, and (4) confined to a local jail pending a determination of competency while awaiting a determination of the competency issue by the local criminal court.” The defendant class was defined as containing “local criminal court judges.” The court declined to certify a defendant class of local sheriffs.

2002 Order and Opinion

The court addressed a number of motions on December 20, 2002. First, the plaintiffs sought to modify their class certification granted in 1999, expanding the class to include more individuals. Judge Sifton allowed the plaintiffs to certify a “Civil Commitment subclass” defined as “all individuals in the counties of Kings, Queens, Richmond, Nassau, and Suffolk who are subject to civil commitment evaluations.” The court clarified that only the Law Clinic can represent this subclass. They were also allowed to certify and jointly represent the Incompetency Subclasses.

Second, the City Defendants moved to dismiss on jurisdictional and standing grounds. The court denied their motion to dismiss for the claims brought by the individual plaintiff, but not for the classes represented by the Law Clinic.

Third, the individual defendants who worked as doctors moved for summary judgment. They argued the constitutional claims against the individual doctors should fail because the doctors were not “state actors,” and that the state court claims for lack of subject matter jurisdiction. The court granted this motion.

Finally, the plaintiffs sought to be granted access to emergency rooms operated by the defendants. The court granted this.

2004 Motion and Order

In 2004, one of the defendants representing one of the private hospitals named in the suit moved to dismiss several of the claims against them. He challenged the claims of relief on the basis of the law the plaintiffs sought to apply, standing issues, and other grounds. The judge granted the defendant’s motion to dismiss the claim that the hospital lacked guidelines instructing physicians when to properly order confinement.

2008 Motion for Summary Judgment

In 2008, The New York City Department of Corrections asked the court to grant them summary judgment on four of the causes of action involving “confinement of non-dangerous individuals” and their procedures for deciding whether an individual needed to be confined. The same year, Justice Cahill asked for summary judgment on the issues of the length of time individuals were being confined while the court decided on their capacity to stand trial. On August 26, 2008 the court granted these motions and those claims against NYC’s Department of Corrections and Justice Cahill were dismissed. However, Judge Sifton clarified the Department of Corrections and Cahill were not eliminated as parties from the action because other claims against them still existed.

Settlements

The plaintiffs began settlement negotiations with various defendants starting in 2000. On April 25, 2005 the plaintiffs reached a settlement with the New York City Department of Corrections and the Sheriff’s office of Suffolk County. The defendants in this settlement agreed to create more record keeping practices and to implement a new policy that all class members would be transported to an appropriate facility within three days after their evaluation by doctors. The plaintiff’s counsel monitored the defendant’s progress. The defendants were required to provide documents to plaintiff’s counsel in four months after the start of the settlement to show their progress. The settlement also provided for reasonable attorney’s fees, which would be determined at a later date.

On April 14, 2007 the plaintiff also reached a settlement agreement with the New York City Health and Hospital Corporation. The HHC agreed to create new, standardized Risk Assessment Forms for the patients they see, provide training to their employees, pay reasonable attorney’s fees, and provide the plaintiff counsel with records so the plaintiff counsel can monitor HHC’s decision-making in cases of involuntary commitment. The Eastern District of New York Court would retain jurisdiction over this settlement. The defendants agreed to complete all the terms of the settlement within 150 days.

The plaintiffs reached a settlement with the Office of Mental Health (OMH) on December 9, 2009. Like the other settlements, this settlement consisted to changes OMH would make to their commitment procedures to comply with the Fourteenth Amendment and state criminal procedure laws. This process would be monitored by the plaintiff counsel and monitoring would last for three years. In addition, OMH agreed to pay plaintiff’s counsel $10,000 for attorney’s fees.

In total, plaintiffs ended up receiving $104,000 in attorney’s fees.

2012 Withdrawal

On April 24, 2012, the plaintiff voluntarily withdrew one of their Fourteenth Amendment claims against the state, individual, and private hospital defendants regarding their civil commitment procedure. The reason why the plaintiff withdrew this claim is unknown

Sixth Amended Complaint

The plaintiffs filed their sixth (and final) amended complaint on August 29, 2014. This complaint asserted additional claims against the private hospital defendants for violating the Americans with Disabilities Act during treatment of class members. The plaintiffs wanted to amend their complaint to include additional state law claims, but the court rejected their request to do so under the Eleventh Amendment.

2016 Motion to Dismiss

On March 31, 2016 the Eastern District of New York addressed a motion from one of the individual doctor defendants for summary judgement on the individual plaintiff’s Fourteenth Amendment claim against him. The court granted this motion for summary judgment and the claims against this defendant were dismissed.

2016 Decertification of Subclass

In the same 2016 opinion, Judge Garaufis also re-visited the class certifications granted earlier, given the changes in the case. The remaining state defendants asked for both the Civil Commitment and the Incompetency subclasses to be decertified. Both subclasses were decertified as the Judge stated neither had a class representative.

Case’s Ending

In September of 2016, the court asked the parties to file status reports and the case was dismissed on the 27th of September after both parties agreed there were no remaining issues in the case. The plaintiffs filed a motion for appeal, but withdrew it for unknown reasons. The case is now closed.

Summary Authors

Kristen Sagar (10/13/2006)

Sarah Reasoner (4/18/2019)

People

For PACER's information on parties and their attrorneys, see: https://www.courtlistener.com/docket/5377281/parties/monaco-v-stone/


Judge(s)

Garaufis, Nicholas (New York)

Levy, Robert M. (New York)

Sifton, Charles Proctor (New York)

Attorneys(s) for Plaintiff

Brooks, William (New York)

Buescher, Michelle Marie (New York)

Caldera, Michelle K (New York)

Shea, Janice (New York)

Attorneys(s) for Defendant

Berman, Seth Lawrence (New York)

Callahan, Brian P (New York)

Cimino, Robert J. (New York)

Judge(s)

Garaufis, Nicholas (New York)

Levy, Robert M. (New York)

Sifton, Charles Proctor (New York)

Attorneys(s) for Plaintiff

Brooks, William (New York)

Buescher, Michelle Marie (New York)

Caldera, Michelle K (New York)

Shea, Janice (New York)

Attorneys(s) for Defendant

Berman, Seth Lawrence (New York)

Callahan, Brian P (New York)

Cimino, Robert J. (New York)

Curtis, Edward Joseph Jr. (New York)

Falk, Kenneth J. (Indiana)

Gatto, Christopher M (New York)

Grumet, Lisa Fleming (New York)

Morrison, Christine E. (New York)

Peeples, Michael E. (New York)

Reape, Kelly A. (New York)

Robinson, Derrick Jeffrey (New York)

Roth, Jaime Irene (New York)

Schulz, Gary P. (New York)

Stein, Erika B. (New York)

Sweet, Emily (New York)

Weintraub, Gary Alan (Illinois)

Documents in the Clearinghouse

Document

1:98-cv-03386

Docket (PACER)

Aug. 7, 2018

Aug. 7, 2018

Docket
36

1:98-cv-03386

Memorandum and Order

March 12, 1999

March 12, 1999

Order/Opinion
184

1:98-cv-03386

Memorandum and Order

Dec. 20, 2002

Dec. 20, 2002

Order/Opinion
264

1:98-cv-03386

Memorandum and Order

Monaco v. Carpinello

July 22, 2004

July 22, 2004

Order/Opinion
297

1:98-cv-03386

Memorandum and Order

Monaco v. Carpinello

April 25, 2005

April 25, 2005

Order/Opinion
341

1:98-cv-03386

Memorandum Opinion and Order

Monaco v. Carpinello

June 1, 2006

June 1, 2006

Order/Opinion
372

1:98-cv-03386

Memorandum Opinion and Order

Monaco v. Carpinello

April 19, 2007

April 19, 2007

Order/Opinion
440

1:98-cv-03386

Memorandum Opinon and Order

Monaco v. Hogan

Aug. 26, 2008

Aug. 26, 2008

Order/Opinion
458-2

1:98-cv-03386

Proposed Sixth Amended Complaint - Class Action

Monaco v. Hogan

March 15, 2010

March 15, 2010

Complaint
460

1:98-cv-03386

Stipulation and Settlement Agreement Dismissing the Third Cause of Action

March 19, 2010

March 19, 2010

Settlement Agreement

Docket

See docket on RECAP: https://www.courtlistener.com/docket/5377281/monaco-v-stone/

Last updated Sept. 8, 2022, 3:01 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT filed and summons(es) issued for James L. Stone, Catherine Cahill, Town Justice Court, Patric A. Mahoney, Jonathan Lippman FILING FEE $ 150.00 RECEIPT # 47568 (Chow, Alice) (Entered: 05/08/1998)

May 5, 1998

May 5, 1998

2

MOTION by Gregory R. Monaco for Class Certification . Motion hearing set for 5/26/98 [2-1] . (Johnson, Tanya) (Entered: 05/15/1998)

May 11, 1998

May 11, 1998

3

MEMORANDUM by Gregory R. Monaco in support of the [2-1] motion for Class Certification. (Johnson, Tanya) (Entered: 05/15/1998)

May 11, 1998

May 11, 1998

4

AFFIDAVIT by William M. Brooks, Esq. on behalf of plaintiff Gregory R. Monaco in further support of the [2-1] motion for Class Certification. (Johnson, Tanya) (Entered: 05/15/1998)

May 11, 1998

May 11, 1998

5

ORDER, setting an initial conference for 9/14/98 at 1:30 before Magistrate Robert M. Levy . (Signed by Magistrate Robert M. Levy on 5/21/98) c/m (Johnson, Tanya) (Entered: 05/22/1998)

May 22, 1998

May 22, 1998

6

LETTER dated 5/22/98 from Janice Shea, Esq., to William Brooks, Esq. confirming that defendant Patrick Mahoney's answer deadline is extended until 6/30/98. (Johnson, Tanya) (Entered: 06/10/1998)

June 10, 1998

June 10, 1998

7

LETTER dated 5/22/98 from Christine E. Morrison, Asst. Attorney General, to Judge Sifton requesting an extension of time until 6/12/98, for the defendant to file opposition papers and to answer the complaint. (Johnson, Tanya) (Entered: 06/10/1998)

June 10, 1998

June 10, 1998

Endorsed order on document #7, granting the defendant Stone's request to extend the answer deadline until 6/12/98 and extending the time to file papers in opposition to plaintiff's motion for class certification. (Signed by Chief Judge Charles P. Sifton on 5/27/98) c/m (Johnson, Tanya) (Entered: 06/10/1998)

June 10, 1998

June 10, 1998

8

LETTER dated 6/4/98 from William M. Brooks, Esq., to Judge Sifton requesting to adjourn plaintiff's class certification motion until 6/29/98. (Johnson, Tanya) (Entered: 06/18/1998)

June 18, 1998

June 18, 1998

Endorsed order on document #8, granting the request to adjourn plaintiff's [2-1] motion for Class Certification until 6/29/98 . (Signed by Chief Judge Charles P. Sifton on 6/12/98) c/m (Johnson, Tanya) (Entered: 06/18/1998)

June 18, 1998

June 18, 1998

9

RETURN OF SERVICE executed as to James L. Stone, Catherine Cahill, Patric A. Mahoney and Jonathan Lippman on 6/22/98. (Johnson, Tanya) (Entered: 07/02/1998)

July 1, 1998

July 1, 1998

10

AMENDED COMPLAINT by Gregory R. Monaco (Answer due 7/11/98 for Jonathan Lippman,Patric A. Mahoney, Town Justice Court, Catherine Cahill and James L. Stone) amending [1-1] complaint. (Johnson, Tanya) (Entered: 07/02/1998)

July 1, 1998

July 1, 1998

11

LETTER dated 6/24/98 from Janice Shea, Asst. County Attorney, to Judge Sifton requesting to reschedule oral argument set for 6/29/98. (Johnson, Tanya) (Entered: 07/02/1998)

July 2, 1998

July 2, 1998

Endorsed order on document #11, adjourning the 6/29/98 Motion hearing and resetting the hearing for 7/20/98 [2-1] . (Signed by Chief Judge Charles P. Sifton on 6/25/98) (Johnson, Tanya) (Entered: 07/02/1998)

July 2, 1998

July 2, 1998

12

ORDER granting that Ms. Shea and Ms. Morrison, Asst. Atty. General will serve their papers in opposition to plaintiff's motion for class certification and answer or other response to the amended complaint on 07.29.98 and Mr. Brooks will serve his reply, if any, on 08.19.98. The motion will be returnable on 08.26.98 at 4:30. (signed by Chief Judge Charles P. Sifton, dated 07.22.98) See letter dated 07.13.98 from Christine E. Morrison, Asst. Atty. General to Judge Sifton. Galeano, Sonia (Entered: 07/23/1998)

July 23, 1998

July 23, 1998

13

ORDER granting an extension of time for the defendant Patrick A. Mahoney, Sheriff of Suffolk County, to answer or otherwise move with re: to the complaint to and including 07.29.98. (signed by Chief Judge Charles P. Sifton, dated 07.22.98) See letter dated 06.24.98 from Janice Shea, Asst. County Atty. to William M. Brooks, Esq. Galeano, Sonia (Entered: 07/23/1998)

July 23, 1998

July 23, 1998

14

LETTER dated 7/28/98 from William M. Brooks, Esq., to Judge Sifton requesting permission for plaintiff to file a second amended complaint. (Johnson, Tanya) (Entered: 07/31/1998)

July 31, 1998

July 31, 1998

15

DECLARATION by Janice Shea, Asst. County Attorney, on behalf of defendants in opposition to plaintiff's [2-1] motion for class certification. (Johnson, Tanya) (Entered: 08/03/1998)

July 31, 1998

July 31, 1998

16

MEMORANDUM by Patrick A. Mahoney in opposition to plaintiff's [2-1] motion for class certification. (Johnson, Tanya) (Entered: 08/03/1998)

July 31, 1998

July 31, 1998

Endorsed order on document #14, granting the request for plaintiffs for file a second amended complaint . (Signed by Chief Judge Charles P. Sifton on 7/29/98) (Johnson, Tanya) Modified on 07/31/1998 (Entered: 07/31/1998)

July 31, 1998

July 31, 1998

17

MEMORANDUM by defendants' in opposition to the plaintiff's [2-1] motion for Class Certification. (Johnson, Tanya) (Entered: 08/06/1998)

Aug. 5, 1998

Aug. 5, 1998

18

DECLARATION by Christine E. Morrison, Asst. Attorney General, on behalf of defendants in opposition plaintiff's motion [2-1] for Class Certification. (Johnson, Tanya) (Entered: 08/06/1998)

Aug. 6, 1998

Aug. 6, 1998

19

LETTER dated 7/29/98 from Janice Shea, Asst. County Attorney, to William Brooks, Esq., stating that the Suffolk County Sheriff's time to anser the Second Amended Complaint has been extended to 9/11/98. (Johnson, Tanya) (Entered: 08/10/1998)

Aug. 10, 1998

Aug. 10, 1998

Endorsed order on document #19, extending the Suffolk County Sheriff's answer deadline until 9/11/98 . (Signed by Chief Judge Charles P. Sifton on 8/6/98) c/m (Johnson, Tanya) (Entered: 08/11/1998)

Aug. 10, 1998

Aug. 10, 1998

21

REPLY AFFIDAVIT of William Brooks in further support of plaintiff's Re: [2-1] motion for Class Certification. Attached exhibit A. (Dobkin, David) (Entered: 08/24/1998)

Aug. 21, 1998

Aug. 21, 1998

22

LETTER dated 9/3/98 from Janice Shea, Asst. County Attorney, to Judge Sifton requesting to extend defendant Suffolk County Sheriff's time to answer the second amended complaint beyond until 9/11/98. (Johnson, Tanya) (Entered: 09/14/1998)

Sept. 14, 1998

Sept. 14, 1998

Endorsed order on document #22, granting defendant Suffolk County Sheriff's request for an extension of time beyond 9/11/98 to answer the second amended complaint. (Signed by Chief Judge Charles P. Sifton on 9/10/98) c/m (Johnson, Tanya) (Entered: 09/14/1998)

Sept. 14, 1998

Sept. 14, 1998

23

LETTER dated 8/28/98 from William M. Brooks, Esq., to Magistrate Levy requesting to adjourn the 9/14/98 status conference until 10/9/98. (Johnson, Tanya) (Entered: 09/21/1998)

Sept. 21, 1998

Sept. 21, 1998

Endorsed order on document #23, granting the request to adjourn the 9/14/98 telephone status conference until 10/9/98 at 2:30 before Magistrate Robert M. Levy . (Signed by Magistrate Robert M. Levy on 9/8/98) c/m (Johnson, Tanya) (Entered: 09/21/1998)

Sept. 21, 1998

Sept. 21, 1998

24

LETTER dated 10/16/98 from William M. Brooks, Esq., to Judge Sifton confirming that oral arument on the plaintiff's class certification motion will be adjourned until 10/30/98 at 4:30. (Johnson, Tanya) (Entered: 10/27/1998)

Oct. 27, 1998

Oct. 27, 1998

Endorsed order on document #24, that plaintiff's motion for class certification will be held on 10/30/98 at 4:30. (Signed by Chief Judge Charles P. Sifton on 10/23/98) (Johnson, Tanya) (Entered: 10/27/1998)

Oct. 27, 1998

Oct. 27, 1998

25

LETTER dated 10/29/98 from William Brooks, Esq., to Judge Sifton confirming that oral argument on plaintiff's class certification motion has been adjourned to 11/30/98. (Johnson, Tanya) (Entered: 11/09/1998)

Nov. 9, 1998

Nov. 9, 1998

Endorsed order on document #4, that the motion hearing for plaintiff's [2-1] motion for Class Certification is adjourned until 11/30/98 . (Signed by Chief Judge Charles P. Sifton on 11/4/98) c/m (Johnson, Tanya) (Entered: 11/09/1998)

Nov. 9, 1998

Nov. 9, 1998

27

LETTER dated 11/3/98 to Magistrate Levy, from William M. Brooks requesting that the Court so order a stipulation to amend the complaint. (Johnson, Tanya) (Entered: 12/04/1998)

Dec. 4, 1998

Dec. 4, 1998

28

(CERTIFIED COPY) ORDER, that the Riverhead Correctional Facility, shall permit William Brooks of Touro Law Center, or any other individual whom Gregory Monaco has authorized to review his medical records. (Signed by Magistrate Robert M. Levy on 11/30/98) (Johnson, Tanya) (Entered: 12/07/1998)

Dec. 7, 1998

Dec. 7, 1998

29

LETTER dated 11/30/98 from William M. Brooks, Esq., to Judge Sifton confirming that oral argument on plaintiff's class certification motion has been adjourned to 12/14/98. (Johnson, Tanya) (Entered: 12/08/1998)

Dec. 8, 1998

Dec. 8, 1998

30

Calendar entry: Motion hearing held before Judge Sifton on 12/14/98. Counsel for both sides present. Court Reporter: Henry Shapiro. The plaintiff's motion for class certification is argued. A decision is reserved. (Johnson, Tanya) (Entered: 12/16/1998)

Dec. 14, 1998

Dec. 14, 1998

31

LETTER dated 12/3/98 from Janice Shea, Esq., to Magistrate Levy regarding the request for the release of medical records. (Johnson, Tanya) (Entered: 12/30/1998)

Dec. 24, 1998

Dec. 24, 1998

32

Calendar entry: Initial conference held before Magistrate Levy on 1/5/99. Counsel for both sides present. Pending decision of motion on class certification discovery will proceed on a named party basis. Second amended complaint shall be filed by 1/29/99. Discovery to be completed by 6/10/99 . Set the next status conference for 6/10/99 at 10:00 before Magistrate Robert M. Levy . (Johnson, Tanya) (Entered: 01/06/1999)

Jan. 5, 1999

Jan. 5, 1999

33

LETTER dated 1/28/99 from William M. Brooks, Esq., to Magistrate Levy requesting an extension of time to file the amended complaint. (Johnson, Tanya) (Entered: 02/03/1999)

Feb. 3, 1999

Feb. 3, 1999

Endorsed order on document #33, granting plaintiff's request for an extension of time to file the amended complaint. (Signed by Magistrate Robert M. Levy on 1/28/99) c/m (Johnson, Tanya) (Entered: 02/03/1999)

Feb. 3, 1999

Feb. 3, 1999

35

LETTER dated 03.08.99 from William M. Brooks to Judge Sifton, enclosing a courtesy copy of the pltff's motion for class certification. (w/o enc.) Galeano, Sonia (Entered: 03/08/1999)

March 5, 1999

March 5, 1999

36

MEMORANDUM and ORDER, that plaintiff's motion to [2-1] certify a plaintiff class and a defendant class of all local criminal court judges is granted, and plaintiff's motion to certify a defendant class of all sheriffs and other and other individuals who transport defendants remanded pursuant to CPL section 730.40 is denied. (Signed by Chief Judge Charles P. Sifton on 3/10/99) c/m (Johnson, Tanya) (Entered: 03/12/1999)

March 12, 1999

March 12, 1999

37

SECOND AMENDED COMPLAINT by Gregory R. Monaco amending [10-1] amended complaint against William Packard, M.D., Sarwal, M.D., B. Palma-Acquino, M.D., J. Tuzel, M.D., R. Dave, M.D., V. Goryalis, M.D. and Kathleen Kelly. (Johnson, Tanya) (Entered: 03/25/1999)

March 19, 1999

March 19, 1999

38

ANSWER by Catherine Cahill to amended complaint (Johnson, Tanya) (Entered: 04/01/1999)

March 25, 1999

March 25, 1999

39

STIPULATION and ORDER, that the answer deadline for defendant Jonathan Lippman is extended until 5/5/99. (Signed by Chief Judge Charles Sifton on 4/7/99) c/m (Johnson, Tanya) (Entered: 04/12/1999)

April 12, 1999

April 12, 1999

40

MOTION by defendant Jonathan Lippman to dismiss the second amended complaint . Motion hearing . (Guzzi, Roseann) (Entered: 05/07/1999)

May 6, 1999

May 6, 1999

41

MEMORANDUM by Jonathan Lippman in support of defendant Lippman's [40-1] motion to dismiss the second amended complaint. (Guzzi, Roseann) (Entered: 05/07/1999)

May 6, 1999

May 6, 1999

42

LETTER dated 5/11/99 from William M. Brooks, Esq., to Judge Sifton requesting that the Court so order the proposed motion schedule: plaintiff's brief in opposition to defendant's motion to dismiss the second amended complaint to be served on 6/3/99; defendant Lippman's reply brief to be served on 7/1/99 and the return date of the motion by 7/8/99. (Johnson, Tanya) (Entered: 05/25/1999)

May 25, 1999

May 25, 1999

43

RETURN OF SERVICE executed as to William Packard, M.D., B. Palma-Acquino, M.D., J. Tuzel, M.D., R. Dave, M.D., V. Goryalis, M.D. (Johnson, Tanya) (Entered: 06/01/1999)

May 26, 1999

May 26, 1999

44

MEMORANDUM by Gregory R. Monaco in opposition to [40-1] motion to dismiss the second amended complaint (Greves, Liz) (Entered: 06/07/1999)

June 3, 1999

June 3, 1999

45

Calendar entry: Status conference held before Magistrate Levy on 6/10/99. Counsel for all sides present. Parties stipulate that J. Cahill need not appear at the conferences, provided that she complies with discovery requests. Defendant Stone's answer to the 2nd amended complaint by 7/30/99, provided discovery is not delayed. Following settlement discussions, plaintiff agrees to a stipulation resolving J. Lippman's motion to dismiss. Preliminary discovery to be completed by 12/31/99 . Set the next status conference for 1/13/2000 at 10:00 before Magistrate-Judge Robert M. Levy . (Johnson, Tanya) (Entered: 06/22/1999)

June 10, 1999

June 10, 1999

46

STIPULATION and ORDER, that plaintiff voluntarily discontinues this action as against defendant Jonathan Lippman, with prejudice and that defendants name shall be removed from the caption of this case. (Signed by Chief Judge Charles P. Sifton on 7/6/99) c/m (Johnson, Tanya) (Entered: 07/08/1999)

July 8, 1999

July 8, 1999

47

LETTER dated 7/30/99 from Christine E. Morrison to Mag. Levy, requesting an extension of time to 8/13/99 to serve and file an answer. (Piper, Francine) (Entered: 08/10/1999)

Aug. 10, 1999

Aug. 10, 1999

Endorsed order, Application Granted. Time to serve/file answer extended to 8/13/99. ( Signed by Magistrate Robert M. Levy ) (endorsed on letter, document #47) (Piper, Francine) (Entered: 08/10/1999)

Aug. 10, 1999

Aug. 10, 1999

48

LETTER dated 8/13/99 from Christine Morrison, Asst. Attorney General, to Magistrate Levy requesting an extension of time until 8/27/99 for defendants to file an answer. (Johnson, Tanya) (Entered: 08/25/1999)

Aug. 25, 1999

Aug. 25, 1999

Endorsed order on document #48, extending defendant's answer deadline until 8/27/99 . (Signed by Magistrate Robert M. Levy on 8/16/99) (Johnson, Tanya) (Entered: 08/25/1999)

Aug. 25, 1999

Aug. 25, 1999

50

Calendar entry: Adjourning the 1/13/00 conference until 1/28/00 at 12:15. (Johnson, Tanya) (Entered: 01/26/2000)

Jan. 13, 2000

Jan. 13, 2000

51

Calendar entry: Status conference held before Magistrate Levy on 1/28/00. Counsel for all sides present. State defendns consetn tot fileing 3rd amended complaint. Suffolk defendants will review proposed amendments and advise plaintiff. Plaintiff's draft to defendant shall be submitted by 2/11/00; Suffolk defendants to advise both the plaintiff and defendant by 2/18/00. Many issues in this case may be resolved by settlement, if any, in Charles W. (Johnson, Tanya) (Entered: 02/07/2000)

Jan. 28, 2000

Jan. 28, 2000

52

STIPULATION and ORDER dated 3/18/2000 that pltff may file a 3rd amended complaint. (signed by Magistrate Robert M. Levy). (Greves, Liz) (Entered: 03/27/2000)

March 27, 2000

March 27, 2000

53

THIRD AMENDED COMPLAINT by Gregory R. Monaco amending against Alan Weinstock and Bernard Kerik. (Johnson, Tanya) Modified on 04/04/2000 (Entered: 04/04/2000)

March 31, 2000

March 31, 2000

54

RETURN OF SERVICE executed as to Alan Weinstock, Bernard Kerik 5/30/00, answer due on 6/19/00. (Lee, Tiffeny) (Entered: 06/07/2000)

June 2, 2000

June 2, 2000

55

ANSWER by Bernard Kerik to third amended complaint. (Johnson, Tanya) (Entered: 06/30/2000)

June 20, 2000

June 20, 2000

56

LETTER dated 8/8/00 from Gary Weintraub to Magistrate Levy advising that Mr. Weintraub was relieved as counsel, and requesting that he be removed from the mailing list in regards to this case. (Rodriguez,Angela) (Entered: 08/18/2000)

Aug. 18, 2000

Aug. 18, 2000

57

SCHEDULING ORDER setting Status conference by 12:15 9/20/00 ; copies mailed. ( signed by Magistrate Robert M. Levy , on 8/3/00) (Glenn, Marilyn) (Entered: 08/22/2000)

Aug. 22, 2000

Aug. 22, 2000

58

ORDER, adjourn scheduling conference for 4:00 11/20/00 before Magistrate Robert M. Levy , terminated past due deadlines ( signed by Magistrate Robert M. Levy , on 9/20/2000) (Jackson, Ramona) (Entered: 09/25/2000)

Sept. 25, 2000

Sept. 25, 2000

59

LETTER dated 10/10/00 from William M. Brooks, Esq., to Magistrate Levy informing the Court of the status of this action. (Johnson, Tanya) (Entered: 10/27/2000)

Oct. 27, 2000

Oct. 27, 2000

61

LETTER dated 12/15/01 from William M. Brooks, Esq., to Magistrate Levy regarding discovery. (Johnson, Tanya) (Entered: 01/24/2001)

Jan. 24, 2001

Jan. 24, 2001

62

Calendar entry:Before Mag Levy Status Conf. Next conf. 4/26/01 @ 12:00 by tel. Discovery proceedings: this case will be streamlined if and when Charles W litigation is settled. State will expedite production of remand information. (Jackson, Ramona) (Entered: 03/23/2001)

Feb. 28, 2001

Feb. 28, 2001

63

Calendar entry: Telephone status conference held before Magistrate Levy on 4/26/01. Counsel for all sides present. Parties report that this case depends on settlement in Charles W. Parteis to advise the Court within 2weeks whether they seek to bifurcate damages claims. A settlement conference will be held in early May. Set the next telephone status conference for 6/6/01 at 11:00 before Magistrate Robert M. Levy . (Johnson, Tanya) (Entered: 05/09/2001)

April 26, 2001

April 26, 2001

64

LETTER dated 5/10/01 from Derrick J. Robinson to Magistrate Judge Levy, rejecting pltfs' invitation to bifurcate the instant action. (DiLorenzo, Krista) (Entered: 05/21/2001)

May 21, 2001

May 21, 2001

65

LETTER dated 5/11/01 from Janine M. Spinnato to Magistrate Judge Levy, advising the Court that dfts. do not wish to sever the claims in this case at this time. (DiLorenzo, Krista) (Entered: 05/21/2001)

May 21, 2001

May 21, 2001

66

ANSWER to Complaint by William Packard, M.D. and Patrick A. Mahoney. (Johnson, Tanya) (Entered: 05/25/2001)

May 21, 2001

May 21, 2001

67

Calendar entry: Telephone status conference held before Magistrate Levy on 6/12/01. Counsel for both sides present. Discovery is continuing. Charles W. settlement to be presented to Governor's office on 6/13/01; if approved, plaintiff will seek to amend this complaint, dropping numerous claims and adding a defendant class. Parties will attempt to schedule, by 8/3/01, up to 5 depositions of physicians who complete certificates at various hospitals. Set the next telephone status conference for 8/2/01 at 11:00 before Magistrate Robert M. Levy . (Johnson, Tanya) (Entered: 06/14/2001)

June 12, 2001

June 12, 2001

68

MOTION by Gregory R. Monaco to compel the designation and production of deposition witnesses. , Motion hearing set for 9:30 8/23/01 [68-1] motion Motion file stamped: 8/6/01 and mailed/served: 8/2/01 (Jackson, Ramona) (Entered: 08/07/2001)

Aug. 7, 2001

Aug. 7, 2001

69

AFFIDAVIT of WILLIAM M. BROOKS Gregory R. Monaco Re: in support [68-1] motion to compel the designation and production of deposition witnesses. (Jackson, Ramona) (Entered: 08/07/2001)

Aug. 7, 2001

Aug. 7, 2001

70

MEMORANDUM by Gregory R. Monaco in support of [68-1] motion to compel the designation and production of deposition witnesses. (Jackson, Ramona) (Entered: 08/07/2001)

Aug. 7, 2001

Aug. 7, 2001

71

AFFIDAVIT by Gregory R. Monaco Re: [68-1] motion to compel the designation and production of deposition witnesses., [69-1] affidavit, [70-1] support memorandum (Jackson, Ramona) (Entered: 08/07/2001)

Aug. 7, 2001

Aug. 7, 2001

72

Calendar entry:,Before Mag Levy Telephone Conf. 1) Briefing schedule for motion to compel; 9/14/01 Opposition 10/5/01 Reply; Oral argument 10/12/01 @ 10:00. 2) On consent, state deft's will continue to provide names, but not records, of newly remanded patients at 5 facilities for 6 months, and pltff's shall have access to 2 physicians certificates for these individuals. The parties will revisit this issue in 6 months. 3) Pltff's motion to amend shall be served by 9/14/: Opposition by 10/12/; Reply 10/26. Depositions of doctors discussed at conf. to be completed by 10/31/01. Parties to submit proposed revised discovery schedule by 9/28/01. set scheduling conference for 10:00 10/12/01 before Magistrate Robert M. Levy , terminated past due deadlines (Jackson, Ramona) (Entered: 08/24/2001)

Aug. 8, 2001

Aug. 8, 2001

73

ORDER Two week extension to serve motion. Motion to serve 9/28/01; Opposition 10/26/01; Reply 11/9/01. On ltr. dtd. 9/6/01 from William M.Brooks ( signed by Magistrate Robert M. Levy , on 9/13/01) (Jackson, Ramona) (Entered: 09/19/2001)

Sept. 19, 2001

Sept. 19, 2001

77

Calendar entry:,Before Mag Levy Civil Conf. Asst. Atty. General's application for extension of time to serve opposition to 9/28/01 granted, due to WTC destruction, as he is still unable to gain access to his office. Oral argument adjn. to 10/18/01 @ 2:00. set scheduling conference for 2:00 10/18/01 before Magistrate Robert M. Levy , terminated past due deadlines (Jackson, Ramona) (Entered: 09/26/2001)

Sept. 20, 2001

Sept. 20, 2001

74

MOTION by Gregory R. Monaco to amend [53-1] amended complaint , Motion hearing set for 9:30 11/12/01 [74-1] motion Motion file stamped: 9/23/01 and mailed/served: 9/24/01 (Jackson, Ramona) (Entered: 09/26/2001)

Sept. 23, 2001

Sept. 23, 2001

75

MEMORANDUM by Gregory R. Monaco in support of [74-1] motion to amend [53-1] amended complaint (Jackson, Ramona) (Entered: 09/26/2001)

Sept. 23, 2001

Sept. 23, 2001

76

AFFIDAVIT of WILLIAM M. BROOKS Gregory R. Monaco Re: in support [74-1] motion to amend [53-1] amended complaint (Jackson, Ramona) (Entered: 09/26/2001)

Sept. 26, 2001

Sept. 26, 2001

78

MEMORANDUM by James L. Stone, Alan Weinstock, Sarwal, M.D., B. Palma-Acquino, M.D., J. Tuzel, M.D., R. Dave, M.D., V. Goryalis, M.D. in opposition to [68-1] motion to compel the designation and production of deposition witnesses. (Jackson, Ramona) (Entered: 10/02/2001)

Oct. 2, 2001

Oct. 2, 2001

79

REPLY MEMORANDUM OF LAW by Gregory R. Monaco in further support [68-1] motion to compel the designation and production of deposition witnesses. (Jackson, Ramona) (Entered: 10/17/2001)

Oct. 17, 2001

Oct. 17, 2001

80

ORDER, set scheduling conference for 2:00 10/25/01 before Magistrate Robert M. Levy , terminated past due deadlines ( signed by Magistrate Robert M. Levy , on 10/12/01) (Jackson, Ramona) (Entered: 10/17/2001)

Oct. 17, 2001

Oct. 17, 2001

84

Calendar entry: Before Mag Levy Civil Conf. For the reasons set forth on the record, pltff's motion is granted, as the discovery is reasonably calculated to lead to the discovery of admissible evidence. Pltff's shall take the steps oulined during argument to minimize the burdens on deft's. ( See document) The court takes no position on the merits of pltff's state action claims. Deadline for completition of 5 doctors extended to 12/14/01 because of disruptions relating to events of 9/11/01. Revised scheduling order to be entered after decision on motion t o amend. Tape # 01/109: 4181-end; 110:0-2023 (Jackson, Ramona) (Entered: 11/02/2001)

Oct. 25, 2001

Oct. 25, 2001

81

MEMORANDUM by James L. Stone, Alan Weinstock, Sarwal, M.D., B. Palma-Acquino, M.D., J. Tuzel, M.D., V. Goryalis, M.D. in opposition to [74-1] motion to amend [53-1] amended complaint (Jackson, Ramona) (Entered: 10/30/2001)

Oct. 30, 2001

Oct. 30, 2001

82

AFFIDAVIT of WILLIAM M. BROOKS Gregory R. Monaco Re:in support [68-1] motion to compel the designation and production of deposition witnesses. (Jackson, Ramona) (Entered: 10/30/2001)

Oct. 30, 2001

Oct. 30, 2001

85

TRANSCRIPT filed for oral argument before Mag Levy for dates of 10/25/01 (Jackson, Ramona) (Entered: 11/09/2001)

Nov. 9, 2001

Nov. 9, 2001

86

TRANSCRIPT of oral argument before Magistrate Levy filed for dates of 10/25/01. Court Transcriber: Elizabeth Barron. (Rodriguez,Angela) (Entered: 11/13/2001)

Nov. 13, 2001

Nov. 13, 2001

87

REPLY AFFIDAVIT by Gregory R. Monaco Re: in support [74-1] motion to amend [53-1] amended complaint (Jackson, Ramona) (Entered: 11/14/2001)

Nov. 14, 2001

Nov. 14, 2001

88

MEMORANDUM by Gregory R. Monaco in support of [74-1] motion to amend [53-1] amended complaint (Jackson, Ramona) (Entered: 11/14/2001)

Nov. 14, 2001

Nov. 14, 2001

89

ORDER, Motion hearing adjourned to 11/28/01. On ltr. dtd. 11/9/01 from William M.Brooks ( signed by Senior Judge Charles P. Sifton , on 11/11/01) (Jackson, Ramona) (Entered: 11/28/2001)

Nov. 28, 2001

Nov. 28, 2001

90

ORDER, adjn. to scheduling conference for 11/28/01 before Senior Judge Charles P. Sifton , On ltr. dtd. 11/9/01 from William M Brooks terminated past due deadlines ( signed by Senior Judge Charles P. Sifton , on 11/12/01) (Jackson, Ramona) (Entered: 11/28/2001)

Nov. 28, 2001

Nov. 28, 2001

92

Calendar entry: Before Judge Sifton CVivil Cause for motion conf. ESR Loan Hong Case called. Counsel for all parties pres. Pltff's motion for leave to amend the complaint is argued & granted. The amended complaint must be filed within 15 days. (Jackson, Ramona) (Entered: 12/21/2001)

Dec. 13, 2001

Dec. 13, 2001

91

FOURTH AMENDED COMPLAINT by Gregory R. Monaco, Mental Disability , (Answer due <date not set> ) amending [53-1] amended complaint against Louis Marcos, Martin Kesselman, Arnold Licht, William Fraser, Touro Law Center (Jackson, Ramona) (Entered: 12/21/2001)

Dec. 21, 2001

Dec. 21, 2001

93

MOTION by Gregory R. Monaco to compel deft. Stone to answer an interrogatory , Motion hearing set for 9:30 1/25/02 [93-1] motion Motion file stamped: 1/7/02 and mailed/served: 1/4/02 (Jackson, Ramona) (Entered: 01/09/2002)

Jan. 7, 2002

Jan. 7, 2002

95

MEMORANDUM by Gregory R. Monaco in support of [93-1] motion to compel deft. Stone to answer an interrogatory (Jackson, Ramona) (Entered: 01/09/2002)

Jan. 7, 2002

Jan. 7, 2002

Case Details

State / Territory: New York

Case Type(s):

Jail Conditions

Key Dates

Filing Date: May 5, 1998

Closing Date: Sept. 27, 2016

Case Ongoing: No

Plaintiffs

Plaintiff Description:

inmates in New York Jails

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

State of New York (Suffolk), State

Private Hospitals in New York, Private Entity/Person

Defendant Type(s):

Jurisdiction-wide

Corrections

Case Details

Causes of Action:

42 U.S.C. § 1983

Americans with Disabilities Act (ADA), 42 U.S.C. §§ 12111 et seq.

State law

Constitutional Clause(s):

Due Process

Availably Documents:

Trial Court Docket

Injunctive (or Injunctive-like) Relief

Any published opinion

Outcome

Prevailing Party: Mixed

Nature of Relief:

Injunction / Injunctive-like Settlement

Attorneys fees

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Voluntary Dismissal

Amount Defendant Pays: 104,000

Content of Injunction:

Recordkeeping

Monitoring

Goals (e.g., for hiring, admissions)

Required disclosure

Training

Issues

General:

Access to lawyers or judicial system

Classification / placement

Failure to train

Record-keeping

Disability:

Mental impairment

Medical/Mental Health:

Medication, administration of

Mental health care, general

Type of Facility:

Government-run

Non-government for-profit