Case: Berkley v. New York State Department of Corrections and Community Supervision

CLASS ACTION COMPLAINT FOR INJUNCTIVE AND DECLARATORY RELIEF against Vincent Lorusso, Daniel F. Martuscello, III, New York State Department of Corrections and Community Supervision, Ann Marie T. Sullivan, New YOrk State Office of Mental Health, The State of New York, Bennie Thorpe (Filing fee $405 receipt number ANYNDC-7279143) filed by Dejour Nesmith, James Dunn, Gilbert Carrion, Jose Cornejo, Tyrell Escobar, Devin Hoyt, Luis Garcia, Lacquan Berkley, Samuel Denis. (Attachments: # (1) Civil Cover Sheet)(nas)

1 Civil Cover Sheet

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TEXT-ONLY NOTICE REGARDING JUDGE D'AGOSTINO CASE DISPOSITION PILOT - Please refer to the Individual Rules and Practices of the Hon. Mae A. D'Agostino, U.S. District Judge, for guidance regarding the Case Disposition Pilot. https://www.nynd.uscourts.gov/sites/nynd/files/MAD_Rules_of_Practice_04_14_2020.pdf. (nas )

Summons Issued as to Kathy Hochul, Vincent Lorusso, Daniel F. Martuscello, III, New York State Department of Corrections and Community Supervision, New York State Office of Mental Health, Ann Marie T. Sullivan, The State of New York, Bennie Thorpe. (Attachments: # (1) Lorusso, # (2) Martuscello, # (3) NYS, # (4) OMH, # (5) DOCCS, # (6) Hochul, # (7) Sullivan)(nas )

G.O. 25 FILING ORDER ISSUED: Initial Conference set for 12/8/2025 10:00 AM in Albany before Magistrate Judge Daniel J. Stewart. Civil Case Management Plan must be filed and Mandatory Disclosures are to be exchanged by the parties on or before 12/1/2025. (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 )

EMERGENCY MOTION for Preliminary Injunction/Temporary Restraining Order filed by Lacquan Berkley, Gilbert Carrion, Jose Cornejo, Samuel Denis, James Dunn, Tyrell Escobar, Luis Garcia, Devin Hoyt, Dejour Nesmith. Motion returnable before Judge D'Agostino, (Attachments: # (1) Memorandum of Law, # (2) attorney affirmation, # (3) proposed order)(nas)

1 Memorandum of Law

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2 attorney affirmation

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3 proposed order

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EX PARTE MOTION for PRELIMINARY INJUNCTION ANDTEMPORARY RESTRAINING ORDER (nas) (Additional attachment(s) added on 9/8/2025: # (1) affirmation of Drum) (nas, ).

ORDER TO SHOW CAUSE denying 5 Motion for TRO: The Court hereby ORDERS that Plaintiffs' request for an ex parte temporary restraining order is DENIED; and the Court further ORDERS that Defendants shall show cause before this Court, United S tates District Court for the Northern District of New York, at the James T. Foley U.S. Courthouse, 445 Broadway, Albany, New York 12207, Wednesday, September 17, 2025, at 10:00 a.m., or such other date as may be fixed by the Court why a preliminar y injunction, pursuant to Rule 65 of the Federal Rules of Civil Procedure, should not be issued enjoining Defendants in the manner requested in Plaintiffs' motion; and the Court further ORDERS that answering papers, if any, be filed by Defenda nts with this Court and served upon Plaintiffs' counsel on or before Monday, September 15, 2025, at 10:00 a.m., and reply papers shall be filed and served on or before Tuesday, September 16, 2025, at 5:00 p.m.; and the Court further ORDERS tha t personal service of a copy of this Order, the Summons and Complaint, and the Emergency Motion for a Temporary Restraining Order and Preliminary Injunction, upon Defendants or their Counsel, on or before Wednesday, September 10, 2025, at 11:00 a.m., shall be deemed good and sufficient service thereof. Signed by U.S. District Judge Mae A. D'Agostino on 09/09/2025. (ban)

AFFIDAVIT of Service for Complaint, Motion for Preliminary Injunction and Accompanying Papers, Order to Show Cause served on Bennie Thorpe on 9/10/2025, filed by Lacquan Berkley, Gilbert Carrion, Jose Cornejo, Samuel Denis, James Dunn, Tyrell Escobar, Luis Garcia. (Drum, Megan)

AFFIDAVIT of Service for Complaint, Motion for Preliminary Injunction and Accompanying Papers, Order to Show Cause served on Daniel F. Martuscello III on 9/10/2025, filed by Lacquan Berkley, Gilbert Carrion, Jose Cornejo, Samuel Denis, James Dunn, Tyrell Escobar, Luis Garcia. (Attachments: # (1) Supplement LTR to Court Regarding Service of Defendant Martuscello)(Drum, Megan)

AFFIDAVIT of Service for Complaint, Motion for Preliminary Injunction and Accompanying Papers, Order to Show Cause served on DOCCS on 9/9/2025, filed by Lacquan Berkley, Gilbert Carrion, Jose Cornejo, Samuel Denis, James Dunn, Tyrell Escobar, Luis Garcia. (Drum, Megan)

AFFIDAVIT of Service for Complaint, Motion for Preliminary Injunction and Accompanying Papers, Order to Show Cause served on Governor Kathy Hochul on 9/10/2025, filed by Lacquan Berkley, Gilbert Carrion, Jose Cornejo, Samuel Denis, James Dunn, Tyrell Escobar, Luis Garcia. (Drum, Megan)

AFFIDAVIT of Service for Complaint, Motion for Preliminary Injunction and Accompanying Papers, Order to Show Cause served on OMH on 9/9/2025, filed by Lacquan Berkley, Gilbert Carrion, Jose Cornejo, Samuel Denis, James Dunn, Tyrell Escobar, Luis Garcia. (Drum, Megan)

AFFIDAVIT of Service for Complaint, Motion for Preliminary Injunction and Accompanying Papers, Order to Show Cause served on Office of the Attorney General on 9/9/2025, filed by Lacquan Berkley, Gilbert Carrion, Jose Cornejo, Samuel Denis, James Dunn, Tyrell Escobar, Luis Garcia. (Drum, Megan)

AFFIDAVIT of Service for Complaint, Motion for Preliminary Injunction and Accompanying Papers, Order to Show Cause served on Vincent LoRusso on 9/10/2025, filed by Lacquan Berkley, Gilbert Carrion, Jose Cornejo, Samuel Denis, James Dunn, Tyrell Escobar, Luis Garcia. (Drum, Megan)

First MOTION to Certify Class filed by Lacquan Berkley, Gilbert Carrion, Jose Cornejo, Samuel Denis, James Dunn, Tyrell Escobar, Luis Garcia. Motion returnable before Judge Mae D'Agostino Response to Motion due by 10/1/2025. Reply to Response to Motion due by 10/8/2025 (Attachments: # (1) Memorandum of Law, # (2) Affirmation) (Drum, Megan)

AFFIDAVIT of Service for Complaint, Motion for Preliminary Injunction and Accompanying Papers, Order to Show Cause served on Ann Marie T. Sullivan on 9/9/2025, filed by Lacquan Berkley, Gilbert Carrion, Jose Cornejo, Samuel Denis, James Dunn, Tyrell Escobar, Luis Garcia. (Drum, Megan)

CLERK'S CORRECTION OF DOCKET ENTRY re 8 Ex Parte Motion. Submission provided docket number as it did not previously contain a number. (nas )

NOTICE OF APPEARANCE by Benjamin L. Loefke on behalf of All Defendants (Loefke, Benjamin)

Letter Motion for Kathy Hochul, Vincent Lorusso, Daniel F. Martuscello, III, New York State Department of Corrections and Community Supervision, New York State Office of Mental Health, Ann Marie T. Sullivan, The State of New York, Bennie Thorpe requesting Extension of Time submitted to Judge D'Agostino . (Loefke, Benjamin)

TEXT ORDER granting in part and denying in part [18] Letter Request. In a letter request dated September 12, 2025, Defendants ask the Court for a one-day extension to file their response to the pending motion for a temporary restraining order/preliminary injunction, which is currently due to be filed on or before Monday, September 15, 2025, at 10:00 a.m. See Dkt. Nos. 6, 18. Specifically, Defendants request that they be permitted to file their response on or before September 16, 2025, at 5:00 p.m. See Dkt. No. 18. Granting the request in full would necessitate moving the hearing on the pending motion (currently scheduled for Wednesday, September 17, 2025, at 10:00 a.m.) and, due to the Court's congested schedule, the hearing would need to be pushed out for at least an additional week. Given the allegations made in the complaint and motion, the Court is not inclined to postpone the hearing at this point. As such, the Court is only willing to grant the request in part. As such, the Court will permit Defendants to file their response to the motion on or before Monday, September 15, 2025, at 5:00 p.m. Plaintiffs' reply shall be filed on or before Wednesday, September 17, 2025, at 8:00 a.m. The hearing on the order to show cause remains set for Wednesday, September 17, 2025, at 10:00 a.m. IT IS SO ORDERED. Signed by U.S. District Judge Mae A. D'Agostino on 09/12/2025. (bto)

Order on Letter Request

Letter Motion for Kathy Hochul, Vincent Lorusso, Daniel F. Martuscello, III, New York State Department of Corrections and Community Supervision, New York State Office of Mental Health, Ann Marie T. Sullivan, The State of New York, Bennie Thorpe requesting Entry of Proposed Order submitted to Judge D'Agostino . (Attachments: # (1) Proposed Order/Judgment)(Loefke, Benjamin)

1 Proposed Order/Judgment

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ORDER granting [5] Motion for Preliminary Injunction. Signed by U.S. District Judge Mae A. D'Agostino on 9/15/25. (ban)

TEXT NOTICE Cancelling Order to Show Cause Hearing - The Order to Show Cause hearing scheduled for Wednesday, September 17, 2025 at 10:00 a.m. is CANCELLED. (ban)

Letter Request/Motion

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Letter Request/Motion

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Pre-Motion Letter Request

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