Case: Marcera v. Chinlund

1:76-cv-00508 | U.S. District Court for the Western District of New York

Filed Date: Nov. 15, 1976

Clearinghouse coding complete

Case Summary

On November 15, 1976, pretrial detainees in the Monroe County Jail in New York filed a lawsuit under 42 U.S.C. § 1983 against the New York Department of Corrections in the U.S. District Court for the Western District of New York. The plaintiffs, represented by the Public Interest Law Center of Rochester, New York, alleged that their constitutional rights had been violated because they had been denied contact visits while incarcerated at the jails, and they asked the court for declaratory and i…

On November 15, 1976, pretrial detainees in the Monroe County Jail in New York filed a lawsuit under 42 U.S.C. § 1983 against the New York Department of Corrections in the U.S. District Court for the Western District of New York. The plaintiffs, represented by the Public Interest Law Center of Rochester, New York, alleged that their constitutional rights had been violated because they had been denied contact visits while incarcerated at the jails, and they asked the court for declaratory and injunctive relief.

The Commissioners of Corrections denied that they were violating any rights of the plaintiffs, and indicated that they had promulgated regulations providing for contact visits, but were enjoined from enforcing them. On January 27, 1977, the New York Supreme Court in Albany County ruled that the authority to regulate visitation at the county jails had been delegated to the county sheriffs and that the Commissioners were without authority to promulgate regulations pertaining to visitation. McNulty v. Chinlund, 392 N.Y.S.2d 790 (Jan. 26, 1977).

On June 21, 1977, the U.S. District Court for the Western District of New York (Judge Harold Burke) denied the plaintiffs' requests for class certification and preliminary relief without holding a hearing. The plaintiffs appealed.

On November 10, 1977, the U.S. Court of Appeals for the Second Circuit (Judge Irving Kaufman, Judge John Smith, and Judge William Mulligan) reversed the district judge's decision and remanded the case for a hearing on the issues of class certification and preliminary relief. Marcera v. Chinlund, 565 F.2d 253 (2nd Cir. 1977).

On remand, the district court (Judge Burke) denied the plaintiffs' motion for certification of a defendant class and granted in part and denied in part the plaintiffs' motions for preliminary injunctive relief and certification of a plaintiff class. Both parties appealed.

On February 27, 1979, the U.S. Court of Appeals for the Second Circuit (Judge Kaufman, Judge Smith, and Judge Ellsworth Van Graafeiland) vacated the district court's decision and remanded the case with directions to certify the plaintiff and defendant classes as requested by the plaintiffs and to grant classwide preliminary relief. The court also held that where the record clearly established that the class of defendant county sheriffs had unconstitutionally denied contact visitation to pretrial detainees, but the record also suggested significant differences among jails, each sheriff must submit a plan to implement contact visitation, and the district court must determine whether the suit should continue to be maintained as a class action. Marcera v. Chinlund, 595 F.2d 1231 (2nd Cir. 1979). The defendants appealed.

On June 4, 1979, the U.S. Supreme Court issued a per curiam opinion vacating the appellate court's opinion and remanding the case for further consideration in light of the Court's opinion in Bell v. Wolfish, 441 U.S. 520. Lombard v. Marcera, 442 U.S. 915.

On September 30, 1981, the U.S. District Court for the Western District of New York (Judge John Curtin) held that the plaintiffs were entitled to amend their complaint to add a pendent state constitutional claim and additional requests for relief, that the plaintiff and defendant classes would be certified, and that the plaintiffs were entitled to preliminary and injunctive relief requiring implementation of plans for contact visits. Marcera v. Chinlund, 91 F.R.D. 579 (W.D.N.Y. 1981). We have no information on this case for the ten years following this order.

On July 20, 1992, the district court (Judge Curtin) approved a settlement between the parties decertifying the defendant class and dismissing from the case the defendant sheriffs from the following counties: Allegany, Cattaraugus, Cayuga, Columbia, Cortland, Erie, Essex, Greene, Jefferson, Lewis, Livingston, Madison, Montgomery, Niagara, Oneida, Ontario, Orleans, Oswego, Rennselaer, Rockland, St. Lawrence, Saratoga, Schoharie, Schuyler, Seneca, Steuben, Tioga, Tompkins, Warren, Washington, Wayne, and Monroe. The court also dismissed the New York Department of Corrections. This order left only the sheriffs of the counties of Clinton and Delaware active as defendants in the case.

On January 21, 1994, the district court (Judge Curtin) found that the remaining counties were in compliance with the settlement, and on January 25, 1994, the court closed the case.

Summary Authors

Kristen Sagar (6/9/2007)

People


Judge(s)

Curtin, John Thomas (New York)

Kaufman, Irving Robert (New York)

Mulligan, William Hughes (New York)

Smith, John Joseph (Connecticut)

Attorneys(s) for Plaintiff

Beier, David W. (New York)

Braveman, Daan (New York)

DeWaal, Ian C. (New York)

Hetherington, Bryan D. (New York)

Kronman, Joan M. (New York)

Attorneys(s) for Defendant

Abrams, Robert W. (New York)

Judge(s)

Curtin, John Thomas (New York)

Kaufman, Irving Robert (New York)

Mulligan, William Hughes (New York)

Smith, John Joseph (Connecticut)

Attorneys(s) for Plaintiff

Beier, David W. (New York)

Braveman, Daan (New York)

DeWaal, Ian C. (New York)

Hetherington, Bryan D. (New York)

Kronman, Joan M. (New York)

Attorneys(s) for Defendant

Abrams, Robert W. (New York)

Armstrong, Patricia C. (New York)

Burke, Christine E. (New York)

Doyle, John D. (New York)

Hirshowitz, Samuel A. (New York)

Kehoe, Peter R. (New York)

Kennedy, James L. (New York)

Lefkowitz, Louis J. (New York)

Mustico, Louis J. (New York)

Pilato, Joseph C. (New York)

Stevens, William J. (New York)

Documents in the Clearinghouse

Document

1:76-cv-00508

Docket [PACER]

Jan. 25, 1994

Jan. 25, 1994

Docket

77-02090

Opinion

U. S. Court of Appeals for the Second Circuit

565 F.2d 253

Nov. 10, 1977

Nov. 10, 1977

Order/Opinion

78-02081

78-02090

Reported Opinion

U. S. Court of Appeals for the Second Circuit

595 F.2d 1231, 1979 U.S.App.LEXIS 16583

Feb. 27, 1979

Feb. 27, 1979

Order/Opinion

78-01643

Memorandum Decision

Lombard v. Marcera

Supreme Court of the United States

442 U.S. 915, 99 S.Ct. 2833, 61 L.Ed.2d 281

June 4, 1979

June 4, 1979

Order/Opinion

1:76-cv-00508

Reported Opinion

91 F.R.D. 579, 1981 U.S.Dist.LEXIS 14757

Feb. 4, 1982

Feb. 4, 1982

Order/Opinion

Resources

Docket

Last updated Aug. 10, 2022, 3:12 a.m.

ECF Number Description Date Link Date / Link

Minute entry: telephone conference held w/counsel re: settlement; set further Telephone Conference for 2/13/92 (mj) (Entered: 01/16/1992)

Jan. 14, 1992

Jan. 14, 1992

Minute entry: Telephone conference held with counsel (mj) (Entered: 02/20/1992)

Feb. 13, 1992

Feb. 13, 1992

Minute entry: telephone conf. held w/ counsel (former empl) (Entered: 03/11/1992)

Feb. 28, 1992

Feb. 28, 1992

330

ORDER, set Meeting/Settlement Conference for 2:00 7/10/92 to discuss fairness of proposed settlement, etc.; further, notice to members of dft and pltf classes shall be given as specified in paragraph 46 of Stipulation of Settlement; further, objections/comments to be filed by 6/26/92 ( signed by Judge John T. Curtin ) Notice and copy of order sent to (mj) (Entered: 03/30/1992)

March 26, 1992

March 26, 1992

331

Filed acknowledgment of service to pltf class-Essex County (mj) (Entered: 05/11/1992)

May 11, 1992

May 11, 1992

332

Filed acknowledgement of receipt and distribution of notice for Wayne County re: proposed stipulation of settlement (mj) (Entered: 05/19/1992)

May 19, 1992

May 19, 1992

333

Filed acknowledgment of receipt and distribution of notices for Livingston County (mj) (Entered: 05/26/1992)

May 26, 1992

May 26, 1992

334

Filed acknowledgment of receipt and distribution of notices for Cayuga County (mj) (Entered: 05/26/1992)

May 26, 1992

May 26, 1992

335

Filed Acknowledgement of Receipt and Distribution of Notices for Madison County (mj) (Entered: 05/29/1992)

May 28, 1992

May 28, 1992

336

Filed Acknowledgement of Receipt and Distribution of Notices for Allegany County (mj) (Entered: 05/29/1992)

May 29, 1992

May 29, 1992

337

Filed Acknowledgement of Receipt and Distribution of Notices for Ontario County (mj) (Entered: 05/29/1992)

May 29, 1992

May 29, 1992

338

Filed Acknowledgement of receipt and distribution of notices for Rensselaer County (mj) (Entered: 06/01/1992)

June 1, 1992

June 1, 1992

339

Filed Acknowledgement of receipt and distribution of notices for Oneida County (mj) (Entered: 06/01/1992)

June 1, 1992

June 1, 1992

340

Filed Acknowledgement of Receipt and Distribution of notices for Cortland County (mj) (Entered: 06/01/1992)

June 1, 1992

June 1, 1992

341

Filed Acknowledgement of Receipt and distribution of notices for Seneca County (mj) (Entered: 06/01/1992)

June 1, 1992

June 1, 1992

342

Filed Acknowledgement of receipt and distribution of notices for Warren County (mj) (Entered: 06/03/1992)

June 3, 1992

June 3, 1992

343

Filed Acknowledgement of receipt and distribution of notices for Washington County (mj) (Entered: 06/03/1992)

June 3, 1992

June 3, 1992

344

Filed Acknowledgement of receipt and distribution of notices for Erie County (mj) (Entered: 06/03/1992)

June 3, 1992

June 3, 1992

345

Filed Acknowledgement of receipt and distribution of notices for Schoharie County (mj) (Entered: 06/04/1992)

June 4, 1992

June 4, 1992

346

Filed Acknowledgement of receipt and distribution of notices for Tompkins County. (mj) (Entered: 06/08/1992)

June 4, 1992

June 4, 1992

347

Filed Acknowledgement of Receipt and Distribution of notices for Columbia County. (mj) (Entered: 06/08/1992)

June 5, 1992

June 5, 1992

348

Filed Acknowledgement of receipt and distribution of notices for Monroe County (mj) (Entered: 06/12/1992)

June 12, 1992

June 12, 1992

349

Filed Acknowledgement of receipt and distribution of notices for Schuyler County (mj) (Entered: 06/12/1992)

June 12, 1992

June 12, 1992

350

Filed Acknowledgement of receipt and distribution of notices for Tioga County (mj) (Entered: 06/12/1992)

June 12, 1992

June 12, 1992

351

Filed Acknowledgement of Receipt and Distribution of notices for Rockland County Correctional Center. (mj) (Entered: 06/15/1992)

June 15, 1992

June 15, 1992

352

Filed Acknowledgement of receipt and distribution of notice for Cattaraugus County (mj) (Entered: 06/22/1992)

June 22, 1992

June 22, 1992

353

Filed Acknowledgement of reciept and distribution of notice for Greene County (mj) (Entered: 06/22/1992)

June 22, 1992

June 22, 1992

354

Filed Acknowledgement of receipt and distribution of notice for Delaware County. (mj) (Entered: 06/22/1992)

June 22, 1992

June 22, 1992

355

NOTICE of attorney appearance for proposed class dft member Thomas Higgins - atty Patrick NeMoyer (mj) Modified on 06/24/1992 (Entered: 06/24/1992)

June 23, 1992

June 23, 1992

356

Filed acknowledgement of receipt and distribution of notices for Lewis County. (mj) (Entered: 06/29/1992)

June 29, 1992

June 29, 1992

357

Filed acknowledgement of receipt and distribution of notices for Steuben County (mj) (Entered: 06/29/1992)

June 29, 1992

June 29, 1992

358

Filed Acknowledgement of receipt and distribution of notices for Montgomery County (mj) (Entered: 07/01/1992)

June 30, 1992

June 30, 1992

359

Filed Acknowledgement of receipt and distribution of notices in Saratoga County. (mj) (Entered: 07/07/1992)

July 6, 1992

July 6, 1992

360

Filed Acknowledgement of receipt and distribution of notices for Jefferson County. (mj) (Entered: 07/07/1992)

July 6, 1992

July 6, 1992

361

Filed ltr to Judge Curtin from George Pulver dtd 7/6/92 re: Greene County, etc. (mj) (Entered: 07/10/1992)

July 9, 1992

July 9, 1992

362

Filed ltr to Clerk from W.H. Hoffman re: proposed stipulation (mj) (Entered: 07/15/1992)

July 15, 1992

July 15, 1992

Minute entry: Settlement placed on record; various sheriffs dismissed from action, etc. (mj) (Entered: 07/23/1992)

July 16, 1992

July 16, 1992

364

Filed ltr to John Adams from T. Young dtd 7/l9/84 re: Affidavit. (mj) (Entered: 07/21/1992)

July 20, 1992

July 20, 1992

365

Filed ltr to John Adams from R. Williamson dtd 7/23/92 re: original mtn papers. (mj) (Entered: 07/21/1992)

July 20, 1992

July 20, 1992

366

Filed ltr to Judge Curtin from R. Duncombe dtd 7/23/84 re: contact visitation questionaire. (mj) (Entered: 07/21/1992)

July 20, 1992

July 20, 1992

367

Filed ltr to Judge Curtin from J. Dawson dtd 7/24/84 re: questionnaire (mj) (Entered: 07/21/1992)

July 20, 1992

July 20, 1992

368

Filed ltr to Judge Curtin from W. Zielinski dtd 7/25/84 re: questionnaire completed by Livingston County Sheriff (mj) (Entered: 07/21/1992)

July 20, 1992

July 20, 1992

369

Filed ltr to Judge Curtin from R. McDermott dtd 7/25/84 re: Madison County completed questionnaire (mj) (Entered: 07/21/1992)

July 20, 1992

July 20, 1992

370

Filed ltr to Judge Curtin from J. Tomasi dtd 7/25/92 re: completed questionnaire from Washington County Sheriff. (mj) (Entered: 07/21/1992)

July 20, 1992

July 20, 1992

371

Filed ltr to Judge Curtin from S. Easter dtd 7/25/84 re: affidavits and questionnaires (mj) (Entered: 07/21/1992)

July 20, 1992

July 20, 1992

372

Filed ltr to Judge Curtin from L. Walbridge dtd 7/25/84 re: affidavit and questionnaire (mj) (Entered: 07/21/1992)

July 20, 1992

July 20, 1992

373

Filed ltr to Judge Curtin from P. Patti dtd 7/26/84 re: affidavit and questionnaire (mj) (Entered: 07/21/1992)

July 20, 1992

July 20, 1992

374

Filed ltr to Judge Curtin from P. McGill dtd 7/26/84 re: verified affidavit (mj) (Entered: 07/21/1992)

July 20, 1992

July 20, 1992

375

Filed ltr to Judge Curtin from J. King dtd 7/27/84 re: questionnaire (mj) (Entered: 07/21/1992)

July 20, 1992

July 20, 1992

376

Filed ltr to John Adams from A. Bishop dtd 7/27/84 re: contact visitation questionnaire (mj) (Entered: 07/21/1992)

July 20, 1992

July 20, 1992

377

Filed ltr to Judge Curtin from M. Gold dtd 7/26/84 re: contact visitation questionnaire (mj) (Entered: 07/21/1992)

July 20, 1992

July 20, 1992

378

Filed ltr to Judge Curtin from J. Park dtd 12/4/84 re: mtn to dismiss, etc. (mj) (Entered: 07/21/1992)

July 20, 1992

July 20, 1992

379

Filed ltr to John Adams from R. Sant dtd l/l5/85 re: supplemental affidavit (mj) (Entered: 07/21/1992)

July 20, 1992

July 20, 1992

380

Filed ltr to Clerk from D. Wyner dtd 5/1818/92 re: acknowledgement from Wayne County (mj) (Entered: 07/21/1992)

July 20, 1992

July 20, 1992

381

Filed ltr to Judge Curtin from J. Mulley dtd 5/22/92 re: mailing labels. (mj) (Entered: 07/21/1992)

July 20, 1992

July 20, 1992

382

Filed ltr to Clerk from D. Guiney dtd 5/27/92 re: acknowledgement from Allegany County (mj) (Entered: 07/21/1992)

July 20, 1992

July 20, 1992

383

Filed ltr to Clerk from K. Windstein dtd 5/28/92 re: acknowledgement of Ontario County (mj) (Entered: 07/21/1992)

July 20, 1992

July 20, 1992

384

Filed ltr to Clerk from R. Mulvey dtd 6/3/92 re: acknowledgement of Tompkins County (mj) (Entered: 07/21/1992)

July 20, 1992

July 20, 1992

385

Filed ltr to Clerk from C. Miller dtd 6/9/92 re: acknowledgment (mj) (Entered: 07/21/1992)

July 20, 1992

July 20, 1992

386

Filed ltr to Clerk from J. Coleman dtd 6/l0/92 re: acknowledgement of Schuyler County (mj) (Entered: 07/21/1992)

July 20, 1992

July 20, 1992

387

Filed ltr to Clerk from T. Emnett dtd 6/l0/92 re: acknowledgement for Tioga County (mj) (Entered: 07/21/1992)

July 20, 1992

July 20, 1992

388

Filed ltr to Clerk from A. Minsker dtd 6/l9/92 re: acknowledgemtn from Cattaraugus County (mj) (Entered: 07/21/1992)

July 20, 1992

July 20, 1992

389

Filed ltr to Clerk from R. Trombly dtd 6/l9/92 re: notice and proposed settlement, etc. (mj) (Entered: 07/21/1992)

July 20, 1992

July 20, 1992

390

Filed ltr to Judge Curtin from J. Tuppen dtd 7/l5/92 re: Thomas Higgins, etc. (mj) (Entered: 07/21/1992)

July 20, 1992

July 20, 1992

391

AFFIDAVIT Bryan Hetherington in support of motion to approve settlement (mj) (Entered: 07/21/1992)

July 20, 1992

July 20, 1992

392

ORDER directing that settlement is approved; dft class is decertified ; this action is dismissed as to the following county sheriffs-Allegany, Cattaraugus, Cayuga, Columbia, Cortland, Erie, Essex, Greene, Jefferson, Lewis, Livingston, Madison, Montgomery, Niagara, Oneida, Ontario, Orleans, Oswego, Rennselaer, Rockland, St. Lawrence, Saratoga, Schoharie, Schuyler, Seneca, Steuben, Tioga, Tompkins, Warren, Washington, Wayne and action is dismissed against Sheriff Meloni of Monroe County, State Commission of Corrections, dfts Chinlund, Wasser and Wadsworth; action is converted and new title is against Sheriffs of the Counties of Clinton and Delaware, etc. ( signed by Judge John T. Curtin ) Notice and copy of order sent to all attys (mj) Modified on 07/28/1992 (Entered: 07/21/1992)

July 20, 1992

July 20, 1992

393

JUDGMENT filed on decision by court. (clerk). (mj) (Entered: 07/21/1992)

July 21, 1992

July 21, 1992

394

ORDER, directing clerk to enter partial jgm as proposed by B. Hetherington; clerk to send cpy of jgm and order of 7/l6/92 to 34 County Attorneys representing sheriffs. ( signed by Judge John T. Curtin ) Notice and copy of order sent to Patrick H. NeMoyer, Bryan D. Hetherington (mj) (Entered: 07/31/1992)

July 30, 1992

July 30, 1992

395

PARTIAL JUDGMENT entered on decision by court. (clerk). Notice and copy of judgment sent to Patrick H. NeMoyer, Bryan D. Hetherington (mj) (Entered: 07/31/1992)

July 31, 1992

July 31, 1992

396

ORDER, to Extend Time for dfts to comply w/paragraph 9 of Consent order to 9/30/92 ( signed by Judge John T. Curtin ) Notice and copy of order sent to Patrick H. NeMoyer, Bryan D. Hetherington (mj) (Entered: 09/15/1992)

Sept. 14, 1992

Sept. 14, 1992

397

AFFIDAVIT of Richard Spinney re: visitation, etc. in Delaware County (mj) (Entered: 09/21/1992)

Sept. 18, 1992

Sept. 18, 1992

398

AFFIDAVIT of Russell Trombly re: inspection report (mj) (Entered: 09/21/1992)

Sept. 21, 1992

Sept. 21, 1992

399

AFFIDAVIT of Richard Spinney re: contact visitation, etc. (mj) (Entered: 09/28/1992)

Sept. 28, 1992

Sept. 28, 1992

Tele-conference set at 9:00 12/29/93 pursuant to notice from courtroom deputy (mj) (Entered: 12/17/1993)

Dec. 17, 1993

Dec. 17, 1993

Tele-conference adjourned to 8:45 1/21/94 pursuant to notice from courtroom deputy (mj) (Entered: 12/28/1993)

Dec. 28, 1993

Dec. 28, 1993

Tele-conference held; the counties are in complaince; court to state same in order, etc. (mj) (Entered: 01/25/1994)

Jan. 21, 1994

Jan. 21, 1994

400

ORDER directing that as settlement issues have been reached, this case is Dismissed ( signed by Senior USDJ John T. Curtin ) Notice and copy of order sent to (mj) (Entered: 01/26/1994)

Jan. 25, 1994

Jan. 25, 1994

Case closed (mj) (Entered: 01/26/1994)

Jan. 25, 1994

Jan. 25, 1994

Case Details

State / Territory: New York

Case Type(s):

Jail Conditions

Key Dates

Filing Date: Nov. 15, 1976

Case Ongoing: No

Plaintiffs

Plaintiff Description:

pretrial detainees in New York jails

Public Interest Lawyer: Yes

Filed Pro Se: Unknown

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

New York Department of Corrections (Erie), County

Case Details

Causes of Action:

42 U.S.C. § 1983

Constitutional Clause(s):

Freedom of speech/association

Availably Documents:

Trial Court Docket

Any published opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Source of Relief:

Settlement

Litigation

Form of Settlement:

Court Approved Settlement or Consent Decree

Order Duration: 1981 - 1994

Issues

General:

Visiting

Type of Facility:

Government-run