Case: Holland v. Broome County

9:22-cv-00297 | U.S. District Court for the Northern District of New York

Filed Date: March 29, 2022

Case Ongoing

Clearinghouse coding complete

Case Summary

(This summary is temporary, while we research the case.) On March 29, 2022, a transgender woman filed a lawsuit against Broome county, where she was incarcerated for six weeks. She alleged that during those six weeks, she was denied access to her hormone therapy and antidepressants, beaten by a correctional officer after refusing to undress in front of male gaurds, and forced to live and shower with male inmates. On August 24, 2023, the parties announced a settlement that includes $160,000 in damages and a new countywide policy that mandates the housing of inmates consistent with their gender identity and access to gender-affirming care.

Summary Authors

Spoorthi Krishnaraj (4/24/2024)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/63195159/parties/holland-v-broome-county/


Judge(s)
Attorney for Plaintiff

Abrams, Eric (New York)

Arkles, Z Gabriel (New York)

Benjamin, Jeremy (New York)

Brown, David P. (New York)

Attorney for Defendant

Church, Jennifer L. (New York)

Expert/Monitor/Master/Other

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Documents in the Clearinghouse

Document
81-1

9:22-cv-00297

Settlement Agreement and Release of All Claims

Aug. 24, 203

Aug. 24, 203

Settlement Agreement
1

9:22-cv-00297

Complaint

March 29, 2022

March 29, 2022

Complaint
81-1

9:22-cv-00297

Exhibit A

Aug. 24, 2023

Aug. 24, 2023

Other

Docket

See docket on RECAP: https://www.courtlistener.com/docket/63195159/holland-v-broome-county/

Last updated April 13, 2025, 9:20 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT against Mahmood Ahmed, Broome County, Correction Officers Doe 1-11, Parris George, David E. Harder, Ishtiaq Hossain, Mark Smolinsky, Adam Valls (Filing fee $402 receipt number ANYNDC-5852493) filed by Makyyla Holland. (Attachments: # 1 Civil Cover Sheet, # 2 affidavit of service)(nas ) (Entered: 03/29/2022)

March 29, 2022

March 29, 2022

Clearinghouse
2

NOTICE OF ADMISSION REQUIREMENT as to Party Holland; Attorney David Brown, Email address is dbrown@transgenderlegal.org. Phone number is (646)993-1675. Admissions due by 4/12/2022. [notice emailed](nas, ) (Entered: 03/29/2022)

March 29, 2022

March 29, 2022

PACER
3

NOTICE OF ADMISSION REQUIREMENT as to Party Holland; Attorney Gabriel Arkles, Email address is garkles@transgenderlegal.org. Phone number is (646)993-1675. Admissions due by 4/12/2022. [notice emailed](nas ) (Entered: 03/29/2022)

March 29, 2022

March 29, 2022

PACER
4

NOTICE OF ADMISSION REQUIREMENT as to Party Holland; Attorney Shayna Medley, Email address is smedley@transgenderlegal.org. Phone number is (646)993-1675. Admissions due by 4/12/2022. [notice emailed](nas ) (Entered: 03/29/2022)

March 29, 2022

March 29, 2022

PACER
5

NOTICE OF ADMISSION REQUIREMENT as to Party Holland; Attorney Loretta E. Lynch, Email address is lelynch@paulweiss.com. Phone number is (212)373-3000. Admissions due by 4/12/2022. [notice emailed](nas, ) (Entered: 03/29/2022)

March 29, 2022

March 29, 2022

PACER
6

NOTICE OF ADMISSION REQUIREMENT as to Party Holland; Attorney Audra J. Soloway, Email address is asoloway@paulweiss.com. Phone number is (212)373-3000. Admissions due by 4/12/2022. [notice emailed](nas, ) (Entered: 03/29/2022)

March 29, 2022

March 29, 2022

PACER
7

REQUEST FOR ISSUANCE OF SUMMONS(ES): Makyyla Holland is requesting summons(es) be issued as to 1 Complaint, (Attachments: # 1 Proposed Summons as to David E. Harder, # 2 Proposed Summons as to Mark Smolinsky, # 3 Proposed Summons as to Ishtiaq Hossain, # 4 Proposed Summons as to Mahmood Ahmed, # 5 Proposed Summons as to Parris George, # 6 Proposed Summons as to Adam Valls)(Benjamin, Jeremy) (Entered: 03/29/2022)

March 29, 2022

March 29, 2022

PACER
8

G.O. 25 FILING ORDER ISSUED: Initial Conference set for 6/29/2022 10:00 AM in Albany before Magistrate Judge Christian F. Hummel. Civil Case Management Plan must be filed and Mandatory Disclosures are to be exchanged by the parties on or before 6/22/2022. (Pursuant to Local Rule 26.2, mandatory disclosures are to be exchanged among the parties but are NOT to be filed with the Court.) (nas ) (Entered: 03/29/2022)

March 29, 2022

March 29, 2022

PACER

TEXT NOTICE: Although the plaintiff herein has named John Doe defendant(s) in the Complaint, the Clerk's Office will not issue summons(es) for service of process on a John Doe defendant(s) at this time. In the event plaintiff wishes to pursue the claims against this defendant, plaintiff shall take reasonable steps to ascertain their identity. When plaintiff determines the identity of the John Doe defendant(s), plaintiff may seek to amend the pleading to add the properly named defendant(s) pursuant to FED. R. CIV. P. 15 and summons(es) will be issued at that time. (nas, )

March 29, 2022

March 29, 2022

PACER
9

Summons Issued as to Mahmood Ahmed, Broome County, Parris George, David E. Harder, Ishtiaq Hossain, Mark Smolinsky, Adam Valls. (Attachments: # 1 George, # 2 Ahmed, # 3 Hossain, # 4 Smolinksy, # 5 Harder, # 6 Broome County)(nas, ) (Entered: 03/29/2022)

March 29, 2022

March 29, 2022

PACER
10

NOTICE of Appearance by Z Gabriel Arkles on behalf of All Plaintiffs (Arkles, Z Gabriel) (Entered: 04/06/2022)

April 6, 2022

April 6, 2022

PACER
11

NOTICE of Appearance by Shayna Medley on behalf of All Plaintiffs (Medley, Shayna) (Entered: 04/06/2022)

April 6, 2022

April 6, 2022

PACER
12

NOTICE of Appearance by David P. Brown on behalf of All Plaintiffs (Brown, David) (Entered: 04/06/2022)

April 6, 2022

April 6, 2022

PACER
13

SUMMONS Returned Executed by Makyyla Holland. Broome County served on 4/1/2022, answer due 4/22/2022. (Benjamin, Jeremy) (Entered: 04/07/2022)

April 7, 2022

April 7, 2022

PACER
14

SUMMONS Returned Executed by Makyyla Holland. Parris George served on 4/1/2022, answer due 4/22/2022. (Benjamin, Jeremy) (Main Document 14 replaced on 4/8/2022) (nas, ). (Entered: 04/07/2022)

April 7, 2022

April 7, 2022

PACER
15

SUMMONS Returned Executed by Makyyla Holland. Adam Valls served on 4/5/2022, answer due 4/26/2022. (Benjamin, Jeremy) (Entered: 04/07/2022)

April 7, 2022

April 7, 2022

PACER
16

SUMMONS Returned Executed by Makyyla Holland. David E. Harder served on 4/1/2022, answer due 4/22/2022. (Benjamin, Jeremy) (Entered: 04/07/2022)

April 7, 2022

April 7, 2022

PACER
17

SUMMONS Returned Executed by Makyyla Holland. Ishtiaq Hossain served on 4/5/2022, answer due 4/26/2022. (Benjamin, Jeremy) (Entered: 04/07/2022)

April 7, 2022

April 7, 2022

PACER
18

SUMMONS Returned Executed by Makyyla Holland. Mahmood Ahmed served on 4/5/2022, answer due 4/26/2022. (Benjamin, Jeremy) (Entered: 04/07/2022)

April 7, 2022

April 7, 2022

PACER
19

SUMMONS Returned Executed by Makyyla Holland. Mark Smolinsky served on 4/5/2022, answer due 4/26/2022. (Benjamin, Jeremy) (Entered: 04/07/2022)

April 7, 2022

April 7, 2022

PACER
20

NOTICE of Appearance by Loretta Lynch on behalf of Makyyla Holland (Attachments: # 1 Affidavit of Service)(Lynch, Loretta) (Entered: 04/08/2022)

April 8, 2022

April 8, 2022

PACER
21

NOTICE of Appearance by Audra J. Soloway on behalf of Makyyla Holland (Attachments: # 1 Affidavit of Service)(Soloway, Audra) (Entered: 04/08/2022)

April 8, 2022

April 8, 2022

PACER
22

NOTICE of Appearance by Jonathan E. Symer on behalf of Ishtiaq Hossain (Symer, Jonathan) (Entered: 04/20/2022)

April 20, 2022

April 20, 2022

PACER
23

NOTICE of Appearance by Jonathan E. Symer on behalf of Mahmood Ahmed (Symer, Jonathan) (Entered: 04/20/2022)

April 20, 2022

April 20, 2022

PACER
24

Letter Motion from Jonathan E. Symer for Mahmood Ahmed, Ishtiaq Hossain requesting extension of time to answer submitted to Judge Christian F. Hummel . (Symer, Jonathan) (Entered: 04/20/2022)

April 20, 2022

April 20, 2022

PACER
25

ANSWER to 1 Complaint, by Broome County, Parris George, David E. Harder, Mark Smolinsky, Adam Valls. (Attachments: # 1 Affidavit of Service)(Church, Jennifer) (Entered: 04/22/2022)

April 22, 2022

April 22, 2022

PACER
26

TEXT ORDER granting 24 Letter Motion from Jonathan E. Symer for Mahmood Ahmed, Ishtiaq Hossain requesting extension of time to answer submitted to Judge Christian F. Hummel : Mahmood Ahmed answer due 5/23/2022; Ishtiaq Hossain answer due 5/23/2022. Authorized by Magistrate Judge Christian F. Hummel on 4/26/2022. (tab) (Entered: 04/26/2022)

April 26, 2022

April 26, 2022

PACER

Order on Letter Request

April 26, 2022

April 26, 2022

PACER
27

ANSWER to 1 Complaint, by Mahmood Ahmed, Ishtiaq Hossain.(Symer, Jonathan) (Entered: 05/18/2022)

May 18, 2022

May 18, 2022

PACER
28

CIVIL CASE MANAGEMENT PLAN by Makyyla Holland. (Benjamin, Jeremy) (Entered: 06/22/2022)

June 22, 2022

June 22, 2022

PACER
29

NOTICE of Dial-In Instructions for a Chambers' Teleconference: This case is scheduled for it's Initial Conference on 6/29/2022 @ 10:00 am. The conference will be conducted by telephone and counsel are directed to dial in at 1-888-684-8852, enter Access code 9 7 7 2 7 1 9 #, and use Security code 1 2 3 4 # to join the call. (tab) (Entered: 06/22/2022)

June 22, 2022

June 22, 2022

PACER

Text Minute Entry for proceedings held before Magistrate Judge Christian F. Hummel: Initial Pretrial Conference held on 6/29/2022 by telephone, Appearances by Eric Abrams, Esq. Jeremy Benjamin, Esq., Robert Hodgson, Esq. and Shayna Medley, Esq. for Plaintiff; Jennifer Church, Esq. and Jonathan Symer, Esq. for Defendants. Pretrial deadlines are established and a Scheduling Order will be issued. This case is referred into the mandatory mediation program. [Dunton Orders regarding joint representation by Defendants will be issued] (tab)

June 29, 2022

June 29, 2022

PACER
30

ORDER REFERRING CASE to Mandatory Mediation. Deadline for Mediator Selection is 8/5/2022. Deadline for completion of Mandatory Mediation is 5/29/2023. Signed by Magistrate Judge Christian F. Hummel on 7/8/2022. (tab) (Entered: 07/08/2022)

July 8, 2022

July 8, 2022

PACER
31

UNIFORM PRETRIAL SCHEDULING ORDER: Anticipated length of trial: 5 days (Jury Trial). Preferred Trial Location: Utica, NY. Joinder of Parties due by 9/29/2022. Amended Pleadings due by 9/29/2022. Discovery due by 4/14/2023. Motions to be filed by 6/15/2023. Deadline for completion of Mandatory Mediation is 5/29/2023. Status Report due by 12/1/2022. Signed by Magistrate Judge Christian F. Hummel on 7/8/2022. (tab) (Entered: 07/08/2022)

July 8, 2022

July 8, 2022

PACER
32

ORDER TO SHOW CAUSE WHY DEFENDANTS SHOULD NOT BE COMPELLED TO OBTAIN SEPARATE COUNSEL. Signed by Magistrate Judge Christian F. Hummel on 7/8/2022. [Defense counsel is directed to file the affidavit(s) using the Ex Parte docket entry event found under Civil-- Other Documents--Waiver of Conflict. This event will restrict the document so only the filing defense counsel and Court users can view it. Counsel will be able to modify the Text to indicate what is being filed.](tab) (Entered: 07/08/2022)

July 8, 2022

July 8, 2022

PACER
33

ORDER TO SHOW CAUSE WHY DEFENDANTS SHOULD NOT BE COMPELLED TO OBTAIN SEPARATE COUNSEL. Signed by Magistrate Judge Christian F. Hummel on 7/8/2022. [Defense counsel is directed to file the affidavit(s) using the Ex Parte docket entry event found under Civil-- Other Documents--Waiver of Conflict. This event will restrict the document so only the filing defense counsel and Court users can view it. Counsel will be able to modify the Text to indicate what is being filed.](tab) (Entered: 07/08/2022)

July 8, 2022

July 8, 2022

PACER
35

STIPULATION AND [PROPOSED] ORDER FOR THE PRODUCTION AND EXCHANGE OF CONFIDENTIAL INFORMATION by Makyyla Holland submitted to Judge Christian F. Hummel. (Abrams, Eric) (Entered: 07/15/2022)

July 15, 2022

July 15, 2022

PACER
36

ORDER approving 35 Stipulation filed by Makyyla Holland for Protective Order (Order issued). Signed by Magistrate Judge Christian F. Hummel on 7/18/2022. (tab) (Entered: 07/18/2022)

July 18, 2022

July 18, 2022

PACER
37

DUNTON ORDER re 32 Order to Show Cause: Based upon the circumstances of which this Court is presently aware, including the information set forth in the affidavits, I find that Defendants have been provided with sufficient written notice by counsel of the potential for conflict inherent in being jointly represented by the same counsel, and that Defendants have knowingly and voluntarily chosen to waive that potential for conflict and proceed with that joint representation. The affidavits, which were submitted on July 15, 2022, pursuant to the Courts order, contain sensitive and attorney-client privileged matters, shall be and have been filed by the Court under seal. Authorized by Magistrate Judge Christian F. Hummel on 7/25/2022 (tab) (Entered: 07/25/2022)

July 25, 2022

July 25, 2022

PACER

Dunton Order

July 25, 2022

July 25, 2022

PACER
39

DUNTON ORDER re 33 : Based upon the circumstances of which this Court is presently aware, including the information set forth in the affidavits, I find that Defendants have been provided with sufficient written notice by counsel of the potential for conflict inherent in being jointly represented by the same counsel, and that Defendants have knowingly and voluntarily chosen to waive that potential for conflict and proceed with that joint representation. The affidavits, which were submitted July 29, 2022, pursuant to the Courts order, contain sensitive and attorney-client privileged matters, shall be and have been filed by the Court under seal. Authorized by Magistrate Judge Christian F. Hummel on 8/1/2022. (tab) (Entered: 08/01/2022)

Aug. 1, 2022

Aug. 1, 2022

PACER

Dunton Order

Aug. 2, 2022

Aug. 2, 2022

PACER
40

Consent Letter Motion from Jeremy A. Benjamin for Makyyla Holland requesting an extension of the deadline to select a mediator submitted to Judge Christian F. Hummel . (Benjamin, Jeremy) (Entered: 08/04/2022)

Aug. 4, 2022

Aug. 4, 2022

PACER
41

TEXT ORDER granting 40 Consent Letter Motion from Jeremy A. Benjamin for Makyyla Holland requesting an extension of the deadline to select a mediator : Deadline for Mediator Selection is extended to 9/15/2022. Authorized by Magistrate Judge Christian F. Hummel on 8/4/2022. (tab) (Entered: 08/04/2022)

Aug. 4, 2022

Aug. 4, 2022

PACER

Order on Letter Request

Aug. 4, 2022

Aug. 4, 2022

PACER
42

MOTION to Amend/Correct 1 Complaint, filed by Makyyla Holland. Response to Motion due by 9/20/2022 (Attachments: # 1 Plaintiff's Memorandum of Law in Support, # 2 Declaration of Jeremy A. Benjamin in Support, # 3 Exhibit 1 - Amended Complaint, # 4 Exhibit 2 - Redline of Amended Complaint to the Original Complaint) Motions referred to Christian F. Hummel. (Benjamin, Jeremy) (Entered: 08/30/2022)

Aug. 30, 2022

Aug. 30, 2022

PACER
43

COURT NOTICE of Conference: A Telephone Conference has been set for Monday, 9/12/2022 @ 10:00 AM before Magistrate Judge Christian F. Hummel, regarding Plaintiff's Motion to Amend the Complaint. Counsel are directed to dial in at 1-888-684-8852, enter access code 9772719# and security code 1234# to join the call. (tab) (Entered: 09/01/2022)

Sept. 1, 2022

Sept. 1, 2022

PACER
44

STIPULATION SELECTING MEDIATOR: IT IS HEREBY STIPULATED AND AGREED that Judge Randolph F. Treece has been selected, contacted and has agreed to serve as Mediator for this action. IT IS FURTHER STIPULATED AND AGREED, that counsel will participate in the mediation session in good faith and confer with the Mediator regarding the scheduling of additional conferences, bearing in mind the deadline for completion of Mediation set forth in the Court's Order Referring the Case to Mediation. Stipulation signed by: Jeremy Benjamin, Robert G. Behnke, Jennifer Church and Jonathan E. Symer. Dated: 9/12/2022(Benjamin, Jeremy) (Entered: 09/12/2022)

Sept. 12, 2022

Sept. 12, 2022

PACER

Text Minute Entry for proceedings held before Magistrate Judge Christian F. Hummel: Status Conference held on 9/12/2022 by telephone. Appearances by Eric Abrams, Esq., Gabriella Larios, Esq., Jeremy Benjamin, Esq. and Gabriel Arkles, Esq. for plaintiff; Jonathan Symer, Esq. and Robert Behnke, Esq. for Defendants. The Court inquires of Defendants whether or not they will consent to the filing of an amended complaint. Both Defense counsel advise the Court that they will not oppose the filing of the amended complaint. The Court will direct Plaintiff's to file the Amended Complaint and defts will respond to the amended complaint in accordance to the FRCP. [10:00am-10:10am] (tab)

Sept. 12, 2022

Sept. 12, 2022

PACER
45

TEXT ORDER granting 42 Motion to Amend/Correct Complaint: As was discussed and directed during the 9/12/2022 Court conference with all parties, Plaintiff is directed to file a clean, signed, amended complaint within 10 days of the date of this Order. Defendant's are directed to respond to the amended complaint in accordance with the FRCP. Authorized by Magistrate Judge Christian F. Hummel on 9/13/2022. (tab) (Entered: 09/13/2022)

Sept. 13, 2022

Sept. 13, 2022

PACER
46

AMENDED COMPLAINT against Mahmood Ahmed, Broome County, Correction Officers Doe 1-11, Parris George, David E. Harder, Ishtiaq Hossain, Mark Smolinsky, Adam Valls filed by Makyyla Holland.(Benjamin, Jeremy) (Entered: 09/13/2022)

Sept. 13, 2022

Sept. 13, 2022

PACER

***Answer due date updated for Mahmood Ahmed answer due 9/27/2022; Broome County answer due 9/27/2022; Parris George answer due 9/27/2022; David E. Harder answer due 9/27/2022; Ishtiaq Hossain answer due 9/27/2022; Mark Smolinsky answer due 9/27/2022; Adam Valls answer due 9/27/2022. (nas, )

Sept. 13, 2022

Sept. 13, 2022

PACER

Order on Motion to Amend/Correct

Sept. 13, 2022

Sept. 13, 2022

PACER
47

REQUEST FOR ISSUANCE OF SUMMONS(ES): Makyyla Holland is requesting summons(es) be issued as to David Allen, Franklin Birt, Nicholas Bixby, Douglas Dailey, Joseph Davis, Brian Doyle, Michael McCafferty, Colin Riley, Matthew Simek, Daniel Weir, Adam Wilcox re: 46 Amended Complaint. (Attachments: # 1 Proposed Summons as to Franklin Birt, # 2 Proposed Summons as to Michael McCafferty, # 3 Proposed Summons as to Matthew Simek, # 4 Proposed Summons as to Daniel Weir, # 5 Proposed Summons as to Joseph Davis, # 6 Proposed Summons as to Nicholas Bixby, # 7 Proposed Summons as to Douglas Dailey, # 8 Proposed Summons as to Adam Wilcox, # 9 Proposed Summons as to Brian Doyle, # 10 Proposed Summons as to Colin Riley))(Benjamin, Jeremy) (Entered: 09/14/2022)

Sept. 14, 2022

Sept. 14, 2022

PACER
48

Summons Issued as to David Allen, Franklin Birt, Nicholas Bixby, Douglas Dailey, Joseph Davis, Brian Doyle, Michael McCafferty, Colin Riley, Matthew Simek, Daniel Weir, Adam Wilcox. (Attachments: # 1 Doyle, # 2 Wilcox, # 3 Dailey, # 4 Bixby, # 5 Davis, # 6 Weir, # 7 Simek, # 8 McCafferty, # 9 Birt, # 10 Allen)(nas) (Entered: 09/15/2022)

Sept. 15, 2022

Sept. 15, 2022

PACER
49

SUMMONS Returned Executed by Makyyla Holland. Nicholas Bixby served on 9/17/2022, answer due 10/11/2022. (Benjamin, Jeremy) (Entered: 09/20/2022)

Sept. 20, 2022

Sept. 20, 2022

RECAP
50

SUMMONS Returned Executed by Makyyla Holland. Colin Riley served on 9/17/2022, answer due 10/11/2022. (Benjamin, Jeremy) (Entered: 09/20/2022)

Sept. 20, 2022

Sept. 20, 2022

RECAP
51

SUMMONS Returned Executed by Makyyla Holland. Brian Doyle served on 9/19/2022, answer due 10/11/2022. (Benjamin, Jeremy) (Entered: 09/20/2022)

Sept. 20, 2022

Sept. 20, 2022

RECAP
52

SUMMONS Returned Executed by Makyyla Holland. Adam Wilcox served on 9/19/2022, answer due 10/11/2022. (Benjamin, Jeremy) (Entered: 09/20/2022)

Sept. 20, 2022

Sept. 20, 2022

RECAP
53

SUMMONS Returned Executed by Makyyla Holland. Douglas Dailey served on 9/19/2022, answer due 10/11/2022. (Benjamin, Jeremy) (Entered: 09/20/2022)

Sept. 20, 2022

Sept. 20, 2022

RECAP
54

SUMMONS Returned Executed by Makyyla Holland. Joseph Davis served on 9/17/2022, answer due 10/11/2022. (Benjamin, Jeremy) (Entered: 09/20/2022)

Sept. 20, 2022

Sept. 20, 2022

RECAP
55

SUMMONS Returned Executed by Makyyla Holland. Daniel Weir served on 9/19/2022, answer due 10/11/2022. (Benjamin, Jeremy) (Entered: 09/20/2022)

Sept. 20, 2022

Sept. 20, 2022

RECAP
56

SUMMONS Returned Executed by Makyyla Holland. Matthew Simek served on 9/16/2022, answer due 10/7/2022. (Benjamin, Jeremy) (Entered: 09/20/2022)

Sept. 20, 2022

Sept. 20, 2022

RECAP
57

SUMMONS Returned Executed by Makyyla Holland. Michael McCafferty served on 9/19/2022, answer due 10/11/2022. (Benjamin, Jeremy) (Entered: 09/20/2022)

Sept. 20, 2022

Sept. 20, 2022

RECAP
58

SUMMONS Returned Executed by Makyyla Holland. Franklin Birt served on 9/17/2022, answer due 10/11/2022. (Benjamin, Jeremy) (Entered: 09/20/2022)

Sept. 20, 2022

Sept. 20, 2022

RECAP
59

SUMMONS Returned Executed by Makyyla Holland. David Allen served on 9/19/2022, answer due 10/11/2022. (Benjamin, Jeremy) (Entered: 09/20/2022)

Sept. 20, 2022

Sept. 20, 2022

RECAP
60

ANSWER to 46 Amended Complaint by Mahmood Ahmed, Ishtiaq Hossain. (Attachments: # 1 Affidavit)(Symer, Jonathan) (Entered: 09/26/2022)

Sept. 26, 2022

Sept. 26, 2022

PACER
61

ANSWER to 46 Amended Complaint by Broome County, Parris George, David E. Harder, Mark Smolinsky, Adam Valls. (Attachments: # 1 Affidavit of Service)(Church, Jennifer) (Entered: 09/27/2022)

Sept. 27, 2022

Sept. 27, 2022

PACER
62

ANSWER to 46 Amended Complaint by David Allen, Franklin Birt, Nicholas Bixby, Broome County, Douglas Dailey, Joseph Davis, Brian Doyle, Parris George, David E. Harder, Michael McCafferty, Colin Riley, Matthew Simek, Mark Smolinsky, Adam Valls, Daniel Weir, Adam Wilcox. (Attachments: # 1 Affidavit of Service)(Church, Jennifer) (Entered: 10/07/2022)

Oct. 7, 2022

Oct. 7, 2022

PACER
63

AMENDED ANSWER to Amended Complaint by David Allen, Franklin Birt, Nicholas Bixby, Broome County, Douglas Dailey, Joseph Davis, Brian Doyle, Parris George, David E. Harder, Michael McCafferty, Colin Riley, Matthew Simek, Mark Smolinsky, Adam Valls, Daniel Weir, Adam Wilcox. (Attachments: # 1 Affidavit of Service)(Church, Jennifer) (Entered: 10/14/2022)

Oct. 14, 2022

Oct. 14, 2022

PACER
64

STIPULATION (Joint Stipulation and [Proposed] Order Regarding Discovery Schedule) by Makyyla Holland submitted to Judge Christian F. Hummel. (Benjamin, Jeremy) (Entered: 11/17/2022)

Nov. 17, 2022

Nov. 17, 2022

RECAP
65

ORDER APPROVING 64 Stipulation filed by Makyyla Holland and resetting deadlines as set forth. All Discovery due by 7/14/2023, Dispositive Motions to be filed by 9/12/2023, Initial Expert Disclosure Deadline is 4/17/2023, Responsive Expert Disclosure Deadline is 5/30/2023, Rebuttal Expert Disclosure Deadline is 6/23/2023, Deadline for completion of Mandatory Mediation is 8/28/2023. Signed by Magistrate Judge Christian F. Hummel on 11/21/2022. (tab) (Entered: 11/21/2022)

Nov. 21, 2022

Nov. 21, 2022

PACER
66

STATUS REPORT by Makyyla Holland. (Benjamin, Jeremy) (Entered: 12/01/2022)

Dec. 1, 2022

Dec. 1, 2022

PACER
67

Letter Motion from Jeremy A. Benjamin for Makyyla Holland requesting Discovery Conference submitted to Judge Christian F. Hummel . (Attachments: # 1 Exhibit(s) A-Plaintiff's First Set of Interrogatories, # 2 Exhibit(s) B-8/11/21 Email, # 3 Exhibit(s) C-Broom County's Response to Interrogatories, # 4 Exhibit(s) D-10/4/22 Letter, # 5 Exhibit(s) E-Plaintiff's First Set of Interrogatories, # 6 Exhibit(s) F-Plaintiff's Second Set of Interrogatories, # 7 Exhibit(s) G-10/17/22 Email, # 8 Exhibit(s) H-11/28/22 Email)(Benjamin, Jeremy) (Entered: 12/07/2022)

Dec. 7, 2022

Dec. 7, 2022

PACER

TEXT NOTICE RE: 67 Letter Motion from Jeremy A. Benjamin for Makyyla Holland requesting Discovery Conference : Response to Motion due by 12/13/2022 (nas )

Dec. 8, 2022

Dec. 8, 2022

PACER
68

NOTICE by Makyyla Holland (Notice of Withdrawal as Counsel of Eric Abrams) (Benjamin, Jeremy) (Entered: 12/12/2022)

Dec. 12, 2022

Dec. 12, 2022

RECAP
69

RESPONSE to Motion re 67 Letter Motion from Jeremy A. Benjamin for Makyyla Holland requesting Discovery Conference submitted to Judge Christian F. Hummel filed by David Allen, Franklin Birt, Nicholas Bixby, Broome County, Douglas Dailey, Joseph Davis, Brian Doyle, Parris George, David E. Harder, Michael McCafferty, Colin Riley, Matthew Simek, Mark Smolinsky, Adam Valls, Daniel Weir, Adam Wilcox. (Church, Jennifer) (Entered: 12/13/2022)

Dec. 13, 2022

Dec. 13, 2022

PACER
70

REPLY to Response to Motion re 67 Letter Motion from Jeremy A. Benjamin for Makyyla Holland requesting Discovery Conference submitted to Judge Christian F. Hummel filed by Makyyla Holland. (Benjamin, Jeremy) (Entered: 12/14/2022)

Dec. 14, 2022

Dec. 14, 2022

RECAP
71

NOTICE of Appearance by Danielle J. Marryshow on behalf of Makyyla Holland (Marryshow, Danielle) (Entered: 12/14/2022)

Dec. 14, 2022

Dec. 14, 2022

PACER
72

TEXT ORDER granting 67 Letter Motion from Jeremy A. Benjamin for Makyyla Holland requesting Discovery Conference : A Discovery Hearing has been set for Wednesday, 12/28/2022 @ 10:00 AM. This conference will be conducted remotely, by Microsoft TEAMS video and the court will provide a TEAMS connection link to all participants, prior to the conference date. Authorized by Magistrate Judge Christian F. Hummel on 12/15/2022. (tab) (Entered: 12/15/2022)

Dec. 15, 2022

Dec. 15, 2022

PACER

Order on Letter Request

Dec. 15, 2022

Dec. 15, 2022

PACER
73

NOTICE of Appearance by William I. Taylor on behalf of Makyyla Holland (Taylor, William) (Entered: 12/16/2022)

Dec. 16, 2022

Dec. 16, 2022

PACER

Text Minute Entry for proceedings held before Magistrate Judge Christian F. Hummel: Discovery Hearing held on 12/28/2022. Appearances by Jeremy Benjamin, Esq. and Robert Hodgson, Esq. for plainitff; Jennifer Church, Esq. for County Defendants; Jonathan Symer, Esq. for Dr. Defendants. The discovery issues are set forth and discussed. The Court sets a follow up conference for 2/1/2023 @ 9:30am. Atty Church indicates that Broome County interrogatory responses will be provided on or about 1/13/23. (Court Reporter Ruth Lynch)[10:01am-10:13am] (tab)

Dec. 28, 2022

Dec. 28, 2022

PACER
74

COURT NOTICE of Hearing: A Discovery Hearing has been set for Wednesday, 2/1/2023 @ 9:30 AM before Magistrate Judge Christian F. Hummel. This conference will be conducted remotely, by Microsoft TEAMS video and the court will provide a TEAMS connection link to all participants, prior to the conference date.(tab) (Entered: 12/29/2022)

Dec. 29, 2022

Dec. 29, 2022

PACER

Text Minute Entry for proceedings held before Magistrate Judge Christian F. Hummel: Discovery Hearing held on 2/1/2023 by TEAMS video. Appearances by Jeremy Benjamin, Esq., Robert Hodgson, Esq. Shayna Medley, Esq. and Gabriella Larios, Esq. for plaintiff; Jennifer Church, Esq. for Broome County; Jonathan Symer, Esq. for Doctor Defendants. Discovery status is discussed. Parties indicate that depositions are being scheduled and Interrogatories have been received. Parties have selected Judge Treece to mediate and they will be setting up that mediation. Deadlines, as currently set, do remain reasonable and no extensions are requested at this time. (Court Reporter Jodi Hibbard)[9:32am-9:43am] (tab)

Feb. 1, 2023

Feb. 1, 2023

PACER
75

STIPULATION and [Proposed] Order to Amend Case Schedule by Makyyla Holland submitted to Judge Christian F. Hummel. (Benjamin, Jeremy) (Entered: 03/20/2023)

March 20, 2023

March 20, 2023

PACER
76

ORDER approving 75 Stipulation filed by Makyyla Holland to extend all deadlines: Discovery due by 9/15/2023, Motions to be filed by 11/15/2023. Plaintiffs Expert Disclosure Deadline is 6/15/2023, Defendants Expert Disclosure Deadline is 7/31/2023, Rebuttal Expert Disclosure Deadline is 8/15/2023. Deadline for completion of Mandatory Mediation is 10/30/2023. Signed by Magistrate Judge Christian F. Hummel on 3/21/2023. (tab) (Entered: 03/21/2023)

March 21, 2023

March 21, 2023

PACER
77

JOINT Letter Motion from Jeremy A. Benjamin for Makyyla Holland requesting Status Conference submitted to Judge Christian F. Hummel . (Benjamin, Jeremy) (Entered: 06/15/2023)

June 15, 2023

June 15, 2023

PACER
78

TEXT ORDER granting 77 JOINT Letter Motion from Jeremy A. Benjamin for Makyyla Holland requesting Status Conference : A Status Conference has been set for Tuesday, 8/8/2023 @ 10:00 AM. This conference will be conducted remotely, by Microsoft TEAMS video and the court will provide a TEAMS connection link to all participants, prior to the conference date. Authorized by Magistrate Judge Christian F. Hummel on 6/23/2023. (tab) (Entered: 06/23/2023)

June 23, 2023

June 23, 2023

PACER

Order Staying Case

June 23, 2023

June 23, 2023

PACER

Order on Letter Request

June 23, 2023

June 23, 2023

PACER
79

TEXT ORDER STAYING CASE DEADLINES pending the Status Conference scheduled for 8/8/23 @ 10:00am. Authorized by Magistrate Judge Christian F. Hummel on 6/23/2023. (tab) (Entered: 06/23/2023)

June 23, 2023

June 23, 2023

PACER

Text Minute Entry for proceedings held before Magistrate Judge Christian F. Hummel: Status Conference held on 8/8/2023 by TEAMS video. [10:00am-10:03am] Appearances by Gabriella Larios, Esq., Jeremy Benjamin, Esq., Robert Hodgson, Esq., and Shayna Medley, Esq. for plaintiff; Jonathan Symer, Esq. on behalf of Defendants. Parties advise the Court that the case has been resolved and the paperwork is being finalized for submission and approval by District Judge Hurd. Counsel believes that paperwork will be completed within 30 days. (tab)

Aug. 8, 2023

Aug. 8, 2023

PACER
80

NOTICE OF APPEARANCE by Joshua T. Terrell on behalf of David Allen, Franklin Birt, Broome County, Correction Officers Doe 1-5, Douglas Dailey, Joseph Davis, Brian Doyle, Parris George, David E. Harder, Michael McCafferty, Colin Riley, Matthew Simek, Mark Smolinsky, Adam Valls, Daniel Weir, Adam Wilcox (Terrell, Joshua) (Entered: 08/14/2023)

Aug. 14, 2023

Aug. 14, 2023

PACER
81

STIPULATION of Dismissal (Stipulation and Order of Dismissal and Settlement) by Makyyla Holland submitted to Judge David N. Hurd. (Attachments: # 1 Exhibit 1 - Settlement Agreement and Release of All Claims)(Benjamin, Jeremy) (Entered: 08/24/2023)

1 Exhibit 1 - Settlement Agreement and Release of All Claims

View on Clearinghouse

Aug. 24, 2023

Aug. 24, 2023

RECAP
82

STIPULATION AND ORDER OF DISMISSAL AND SETTLEMENT. Signed by Judge David N. Hurd on September 11, 2023. (nas)

Sept. 11, 2023

Sept. 11, 2023

RECAP

Case Details

State / Territory: New York

Case Type(s):

Prison Conditions

Disability Rights

Special Collection(s):

Post-PLRA Jail and Prison Private Settlement Agreements

Key Dates

Filing Date: March 29, 2022

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

Plaintiff is a transgender woman with gender dysphoria, anxiety, and depression, who was in defendants’ custody at the Broome County Jail for six weeks in 2021.

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

New York Civil Liberties Union (NYCLU)

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Broome County (Binghamton, Broome), County

Defendant Type(s):

Jurisdiction-wide

Corrections

Facility Type(s):

Government-run

Case Details

Causes of Action:

42 U.S.C. § 1983

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

State law

State Anti-Discrimination Law

Constitutional Clause(s):

Due Process

Unreasonable search and seizure

Equal Protection

Available Documents:

Trial Court Docket

Complaint (any)

Injunctive (or Injunctive-like) Relief

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Attorneys fees

Damages

Declaratory Judgment

Source of Relief:

Settlement

Form of Settlement:

Private Settlement Agreement

Content of Injunction:

Develop anti-discrimination policy

Implement complaint/dispute resolution process

Training

Amount Defendant Pays: $160,000

Issues

General/Misc.:

Conditions of confinement

Pattern or Practice

Search policies

Disability and Disability Rights:

Disability, unspecified

Discrimination Basis:

Disability (inc. reasonable accommodations)

Gender identity

Affected Sex/Gender(s):

Transgender

Jails, Prisons, Detention Centers, and Other Institutions:

Assault/abuse by staff (facilities)

Confinement/isolation

Sexual abuse by residents/inmates

Strip search policy (facilities)

LGBTQ+:

LGBTQ+

Transgender: IDs

Medical/Mental Health Care:

Gender-affirming care

Medication, administration of