Case: Thompson v. Annucci

1:22-cv-02632 | U.S. District Court for the Southern District of New York

Filed Date: March 31, 2022

Case Ongoing

Clearinghouse coding complete

Case Summary

In this case, University of Michigan history professor Heather Thompson challenged the New York state prison system's alleged censorship of her Pulitzer-Prize-winning book on the Attica Uprising, Blood in the Water. Represented by attorneys from the Cardozo Civil Rights Clinic and the New York Civil Liberties Union, she filed suit in the U.S. District Court for the Southern District of New York on March 31, 2022. District Judge Edgardo Ramos was assigned to the case. The complaint named several…

In this case, University of Michigan history professor Heather Thompson challenged the New York state prison system's alleged censorship of her Pulitzer-Prize-winning book on the Attica Uprising, Blood in the Water. Represented by attorneys from the Cardozo Civil Rights Clinic and the New York Civil Liberties Union, she filed suit in the U.S. District Court for the Southern District of New York on March 31, 2022. District Judge Edgardo Ramos was assigned to the case. The complaint named several officials in the New York Department of Corrections and Community Supervision (DOCCS) as defendants. In it, Thompson alleged that DOCCS officials had blocked copies of her book, despite the fact that several other state prison systems permitted the book. Bringing suit under 42 U.S.C. § 1983, she claimed that DOCCS' decision violated her First and Fourteenth Amendment rights. She requested declaratory and injunctive relief, as well as attorney's fees.

On July 27, 2022, DOCCS filed a letter with the court stating that it had changed its policy and would now allow prisoners to receive copies of Blood on the Water with only two pages containing a map of the prison censored. In light of this change it asked the judge to find that Prof. Thompson's request was moot. Her legal team quickly responded, claiming that DOCCS's change in policy did not moot the case.

The case remains pending as of August 1, 2022.

 

Summary Authors

Jonah Hudson-Erdman (3/31/2022)

Jonah Hudson-Erdman (8/1/2022)

Documents in the Clearinghouse

Document
1

1:22-cv-02632

Complaint

March 31, 2022

March 31, 2022

Complaint
15

1:22-cv-02632

Letter Motion

July 27, 2022

July 27, 2022

Pleading / Motion / Brief

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/63203454/thompson-v-annucci/

Last updated Aug. 24, 2022, 3:21 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT against Anthony J. Annucci, Raymond C. Grinnell. (Filing Fee $ 402.00, Receipt Number ANYSDC-25940640)Document filed by Heather Ann Thompson..(Ginsberg, Betsy) (Entered: 03/31/2022)

March 31, 2022

March 31, 2022

Clearinghouse
2

CIVIL COVER SHEET filed..(Ginsberg, Betsy) (Entered: 03/31/2022)

March 31, 2022

March 31, 2022

PACER

***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Betsy R. Ginsberg. The party information for the following party/parties has been modified: Anthony J. Annucci, Raymond Grinnell, Heather Ann Thompson. The information for the party/parties has been modified for the following reason/reasons: party role was entered incorrectly; party text was omitted; party name entered incorrectly. (vf)

April 1, 2022

April 1, 2022

PACER

CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Edgardo Ramos. Please download and review the Individual Practices of the assigned District Judge, located at https://nysd.uscourts.gov/judges/district-judges. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. Please download and review the ECF Rules and Instructions, located at https://nysd.uscourts.gov/rules/ecf-related-instructions..(vf)

April 1, 2022

April 1, 2022

PACER

Magistrate Judge Sarah Netburn is so designated. Pursuant to 28 U.S.C. Section 636(c) and Fed. R. Civ. P. 73(b)(1) parties are notified that they may consent to proceed before a United States Magistrate Judge. Parties who wish to consent may access the necessary form at the following link: https://nysd.uscourts.gov/sites/default/files/2018-06/AO-3.pdf. (vf)

April 1, 2022

April 1, 2022

PACER

Case Designated ECF. (vf)

April 1, 2022

April 1, 2022

PACER
3

NOTICE OF APPEARANCE by Antony Philip Falconer Gemmell on behalf of Heather Ann Thompson..(Gemmell, Antony) (Entered: 04/01/2022)

April 1, 2022

April 1, 2022

PACER
4

NOTICE OF APPEARANCE by Christopher Thomas Dunn on behalf of Heather Ann Thompson..(Dunn, Christopher) (Entered: 04/01/2022)

April 1, 2022

April 1, 2022

PACER
5

FILING ERROR - DEFICIENT PLEADING - SUMMONS REQUEST PDF ERROR - REQUEST FOR ISSUANCE OF SUMMONS as to Anthony J Annucci, re: 1 Complaint. Document filed by Heather Ann Thompson..(Ginsberg, Betsy) Modified on 4/4/2022 (lal). (Entered: 04/01/2022)

April 1, 2022

April 1, 2022

PACER
6

FILING ERROR - DEFICIENT PLEADING - SUMMONS REQUEST PDF ERROR - REQUEST FOR ISSUANCE OF SUMMONS as to Raymond C. Grinnell, re: 1 Complaint. Document filed by Heather Ann Thompson..(Ginsberg, Betsy) Modified on 4/4/2022 (lal). (Entered: 04/01/2022)

April 1, 2022

April 1, 2022

PACER

Notice to Attorney Regarding Party Modification

April 1, 2022

April 1, 2022

PACER

Case Opening Initial Assignment Notice

April 1, 2022

April 1, 2022

PACER

***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney Betsy R. Ginsberg to RE-FILE Document No. 5 Request for Issuance of Summons,. The filing is deficient for the following reason(s): the PDF attached to the docket entry for the issuance of summons is not correct; party name spelling must correspond precisely to pleading caption. Re-file the document using the event type Request for Issuance of Summons found under the event list Service of Process - select the correct filer/filers - and attach the correct summons form PDF. (lal)

April 4, 2022

April 4, 2022

PACER

***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney Betsy R. Ginsberg to RE-FILE Document No. 6 Request for Issuance of Summons,. The filing is deficient for the following reason(s): the PDF attached to the docket entry for the issuance of summons is not correct; on pdf summons caption party name spelling must correspond precisely to pleading caption. Re-file the document using the event type Request for Issuance of Summons found under the event list Service of Process - select the correct filer/filers - and attach the correct summons form PDF. (lal)

April 4, 2022

April 4, 2022

PACER

Notice to Attorney Regarding Deficient Request for Issuance of Summons

April 4, 2022

April 4, 2022

PACER
7

REQUEST FOR ISSUANCE OF SUMMONS as to Anthony J Annucci, re: 1 Complaint. Document filed by Heather Ann Thompson..(Ginsberg, Betsy) (Entered: 04/05/2022)

April 5, 2022

April 5, 2022

PACER
8

REQUEST FOR ISSUANCE OF SUMMONS as to Raymond C. Grinnell, re: 1 Complaint. Document filed by Heather Ann Thompson..(Ginsberg, Betsy) (Entered: 04/05/2022)

April 5, 2022

April 5, 2022

PACER
9

ELECTRONIC SUMMONS ISSUED as to Anthony J. Annucci. (Vf) (Entered: 04/06/2022)

April 6, 2022

April 6, 2022

PACER
10

ELECTRONIC SUMMONS ISSUED as to Raymond C. Grinnell. (vf) (Entered: 04/06/2022)

April 6, 2022

April 6, 2022

PACER
11

LETTER MOTION for Extension of Time to respond to the Complaint addressed to Judge Edgardo Ramos from Rebecca Ann Durden dated March 22, 2022. Document filed by Anthony J. Annucci, Raymond C. Grinnell..(Durden, Rebecca) (Entered: 04/22/2022)

April 22, 2022

April 22, 2022

PACER
12

ORDER: granting 11 Letter Motion for Extension of Time. Defendants' request to extend response deadline is Granted. SO ORDERED. (Signed by Judge Edgardo Ramos on 4/25/2022) (ama) (Entered: 04/25/2022)

April 25, 2022

April 25, 2022

PACER

Set/Reset Deadlines: Anthony J. Annucci answer due 5/27/2022; Raymond C. Grinnell answer due 5/27/2022. (ama)

April 25, 2022

April 25, 2022

PACER
13

LETTER MOTION for Extension of Time to respond to the Complaint addressed to Judge Edgardo Ramos from Rebecca Ann Durden dated May 22, 2022. Document filed by Anthony J. Annucci, Raymond C. Grinnell..(Durden, Rebecca) (Entered: 05/22/2022)

May 22, 2022

May 22, 2022

PACER
14

ORDER: granting 13 Letter Motion for Extension of Time. Defendants' request for an extension is Granted. SO ORDERED. (Signed by Judge Edgardo Ramos on 5/23/2022) (ama) (Entered: 05/23/2022)

May 23, 2022

May 23, 2022

PACER

Set/Reset Deadlines: Anthony J. Annucci answer due 7/27/2022; Raymond C. Grinnell answer due 7/27/2022. (ama)

May 23, 2022

May 23, 2022

PACER
15

LETTER MOTION for Conference Pre-Motion Conference/Motion to Dismiss addressed to Judge Edgardo Ramos from Rebecca Ann Durden dated July 27, 2022. Document filed by Anthony J. Annucci, Raymond C. Grinnell..(Durden, Rebecca) (Entered: 07/27/2022)

July 27, 2022

July 27, 2022

Clearinghouse
16

LETTER RESPONSE to Motion addressed to Judge Edgardo Ramos from Antony Gemmell dated August 1, 2022 re: 15 LETTER MOTION for Conference Pre-Motion Conference/Motion to Dismiss addressed to Judge Edgardo Ramos from Rebecca Ann Durden dated July 27, 2022. . Document filed by Heather Ann Thompson..(Gemmell, Antony) (Entered: 08/01/2022)

Aug. 1, 2022

Aug. 1, 2022

RECAP
17

ORDER granting 15 Motion for Conference. A pre-motion conference will be held on August 17, 2022 at 10:00 AM by telephone. The parties are instructed to call (877) 411-9748 and enter access code 3029857# when prompted. (HEREBY ORDERED by Judge Edgardo Ramos)(Text Only Order) (jar) (Entered: 08/01/2022)

Aug. 1, 2022

Aug. 1, 2022

PACER

Order on Motion for Conference

Aug. 1, 2022

Aug. 1, 2022

PACER

Pre-Motion Conference

Aug. 17, 2022

Aug. 17, 2022

PACER
18

Order Referring Case to Magistrate Judge

Aug. 17, 2022

Aug. 17, 2022

PACER
19

ORDER: On August 17, 2022, the Honorable Edgardo Ramos assigned this matter to my docket for settlement. By August 25, 2022, the parties are directed to email Courtroom Deputy Rachel Slusher at Rachel_Slusher@nysd.uscourts.gov with three mut ually convenient dates to schedule a settlement conference. Due to the Court's busy calendar, settlement conferences must generally be scheduled at least four to six weeks in advance. The Court will likely be unable to accommodate last-minute requests for settlement conferences, and the parties should not anticipate that litigation deadlines will be adjourned in response to late requests for settlement conferences. SO ORDERED. (Signed by Magistrate Judge Sarah Netburn on 8/18/2022) (tg)

Aug. 18, 2022

Aug. 18, 2022

RECAP
20

~Util - Set Hearings AND Order

Aug. 24, 2022

Aug. 24, 2022

PACER

Case Details

State / Territory: New York

Case Type(s):

Prison Conditions

Special Collection(s):

Attica Uprising Litigation

Key Dates

Filing Date: March 31, 2022

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

A University of Michigan history professor who wrote a prize winning book on the Attica Uprising.

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

ACLU Affiliates (any)

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

New York State Department of Corrections and Community Supervision (New York, New York), State

Defendant Type(s):

Corrections

Case Details

Causes of Action:

42 U.S.C. § 1983

Constitutional Clause(s):

Due Process: Procedural Due Process

Freedom of speech/association

Availably Documents:

Trial Court Docket

Complaint (any)

Outcome

Prevailing Party: None Yet / None

Nature of Relief:

None yet

Source of Relief:

None yet

Issues

General:

Library (non-law) access

Loss or damage to property

Mail

Type of Facility:

Government-run