Case: Ingles v. Toro

1:01-cv-08279 | U.S. District Court for the Southern District of New York

Filed Date: Sept. 5, 2001

Closed Date: 2006

Clearinghouse coding complete

Case Summary

On September 5, 2001, Adam Ingles filed this pro se lawsuit pursuant to 42 U.S.C. § 1983 in the U.S. District Court for the Southern District of New York. Plaintiff eventually obtained counsel (attorneys from Legal Aid Society of Brooklyn and Emery Celli) the case was amended to add 21 additional plaintiffs and to assert class action allegation. The District Court (Judge Denny Chin) granted class certification was granted on February 20, 2003. Ingles v. City of New York, 2003 WL 402565 (S.D.…

On September 5, 2001, Adam Ingles filed this pro se lawsuit pursuant to 42 U.S.C. § 1983 in the U.S. District Court for the Southern District of New York. Plaintiff eventually obtained counsel (attorneys from Legal Aid Society of Brooklyn and Emery Celli) the case was amended to add 21 additional plaintiffs and to assert class action allegation. The District Court (Judge Denny Chin) granted class certification was granted on February 20, 2003. Ingles v. City of New York, 2003 WL 402565 (S.D.N.Y. Feb. 20, 2003). Plaintiffs amended their complaint several times, with the Fourth Amended Complaint being filed on August 25, 2003.

Plaintiffs alleged that they were subjected to a pattern and practice of excessive force by uniformed employees of the New York City Department of Correction ("DOC"), while incarcerated at institutions operated by DOC

on Rikers Island and in Manhattan, Queens, and the Bronx. Plaintiffs sought declaratory and injunctive relief on behalf of the class, as well as damages for their individual injuries.

After the parties engaged in massive discovery, during which some 400,000 pages of documents were exchanged, settlement negotiations commenced under the supervision of Magistrate Judge Debra C. Freeman

The parties entered into a private settlement agreement, which resolved the class claims for equitable relief. The Agreement called for reforms to the DOC's use of force policy, investigations, training, and monitoring and tracking. The Agreement called for the City to pay attorneys fees and costs in the amount of $1.45 million to two private law firms, with the firms and Legal Aid agreeing to waive further fees and costs. The Agreement was approved by the District Court (Judge Chin) on April 3, 2006.

By a separate stipulation signed on February 17, 2006, the parties settled the named plaintiffs' individual claims for damages for amounts that ranged from $15,000 to $575,000 and totaled $2,213.000.

On April 4, 2006, the District Court entered an order of dismissal with prejudice.

Summary Authors

Dan Dalton (2/10/2007)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/4522279/parties/ingles-v-city-of-new-york/


Judge(s)

Chin, Denny (New York)

Attorneys(s) for Plaintiff

Abady, Jonathan S. (New York)

Boston, John (New York)

Celli, Andrew G. Jr. (New York)

Chasan, Jonathan S. (New York)

Coleman, Claire E. (New York)

deLone, Madeline H. (New York)

Flintoft, Caroline M. (New York)

Ginsberg, Betsy R. (New York)

Kent, J. Andrew (New York)

Judge(s)

Chin, Denny (New York)

Attorneys(s) for Plaintiff

Abady, Jonathan S. (New York)

Boston, John (New York)

Celli, Andrew G. Jr. (New York)

Chasan, Jonathan S. (New York)

Coleman, Claire E. (New York)

deLone, Madeline H. (New York)

Flintoft, Caroline M. (New York)

Ginsberg, Betsy R. (New York)

Kent, J. Andrew (New York)

Maazel, Ilann M. (New York)

Manaugh, Sara L. (New York)

Netburn, Sarah (New York)

Rosenfeld, Katherine (New York)

Schwartz, Joanna C. (New York)

Shane, Penny (New York)

Stoller, Stacy (New York)

Werlwas, Mary Lynne (New York)

Attorneys(s) for Defendant

Black, Lisa J. (New York)

Cardozo, Michael A. (New York)

Grossman, Heidi (New York)

Larkin, Arthur G. III (New York)

Paulose, Matthew Jr. (New York)

Rosen, Seth (New York)

Documents in the Clearinghouse

Document

Docket (PACER)

April 27, 2006 Docket
48

Fourth Amended Complaint

Aug. 25, 2003 Complaint
178

Settlement Agreement

Feb. 17, 2006 Settlement Agreement
184

Opinion

438 F.Supp.2d 203

April 3, 2006 Order/Opinion

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4522279/ingles-v-city-of-new-york/

Last updated May 12, 2022, 8 p.m.

ECF Number Description Date Link
1

Order endorsed on declaration in support of request to proceed in forma pauperis; I.F.P. request is granted. ( signed by Chief Judge Michael B. Mukasey ) (db) (Entered: 10/03/2001)

Sept. 5, 2001 PACER
2

COMPLAINT filed. Summons issued and Notice pursuant to 28 U.S.C. 636(c). (db) (Entered: 10/03/2001)

Sept. 5, 2001 PACER
3

NOTICE of address change filed by Adam Ingles . (yv) (Entered: 10/30/2001)

Oct. 30, 2001 PACER
4

Memo-Endorsement on letter addressed to Judge Chin from Seth M. Rosen, dated 11/29/01, reset answer to Complaint due for 2/28/02 for City of New York ( signed by Judge Denny ); Copies mailed. (cd) (Entered: 12/06/2001)

Dec. 5, 2001 PACER
5

MARSHAL'S RETURN OF SERVICE of Summons and Complaint unexecuted as to Codero on 11/20/01. (bai) (Entered: 12/10/2001)

Dec. 7, 2001 PACER
6

ANSWER to Complaint by City of New York, Dept. of Corrections (Attorney Seth M. Rosen from the Firm: Michael A. Cardozo) . (bai) (Entered: 02/25/2002)

Feb. 22, 2002 PACER
7

ORDER; all discovery shall be completed by 08/16/02 ; There will be a pre-trial conference on the same day at 2:00 p.m. in Courtroom 11A, Daniel Patrick Moynihan United Sates courthouse, 500 Pearl Street, NY, NY ; ( signed by Judge Denny Chin ); Copies mailed. (djc) (Entered: 04/17/2002)

April 15, 2002 PACER
8

Memo-Endorsement on letter addressed to Judge Chin from Mary Lynne Werlwas, dated 05/15/02; the time for proof of service is extended until 06/21/02 ; (signed by Judge Denny Chin ); Copies mailed. (djc) (Entered: 05/23/2002)

May 21, 2002 PACER
9

Transcript of record of proceedings before Judge Denny Chin for the date(s) of 4/10/02 at 11:00 a.m. (ph) (Entered: 06/07/2002)

June 7, 2002 PACER
10

Memo-Endorsement on letter addressed to Judge Chin from Jonathan Chasan, dated 6/21/02: Granting plaintiff's request for extension of the service deadline until 7/10/02 . ( signed by Judge Denny Chin ); Copies mailed. (tp) (Entered: 07/08/2002)

July 3, 2002 PACER
11

NOTICE of attorney appearance for Adam Ingles by John Boston of the Legal Aid Society. (sb) (Entered: 07/16/2002)

July 12, 2002 PACER
12

NOTICE OF MOTION by Adam Ingles for an Oder pursuant to FRCP 15(a), 20(a) and 21, granting plaintiff leave to file the proposed amended complaint . Return Date not indicated. (yv) (Entered: 07/24/2002)

July 22, 2002 PACER
13

MEMORANDUM OF LAW by Adam Ingles in support of [12-1] motion for an Oder pursuant to FRCP 15(a), 20(a) and 21, granting plaintiff leave to file the proposed amended complaint . (yv) (Entered: 07/24/2002)

July 22, 2002 PACER
14

DECLARATION of Jonathan S. Chasan by Adam Ingles in support Re: [12-1] motion for an Oder pursuant to FRCP 15(a), 20(a) and 21, granting plaintiff leave to file the proposed amended complaint . (yv) Modified on 07/24/2002 (Entered: 07/24/2002)

July 22, 2002 PACER
15

Memo-Endorsement on letter addressed to Judge Chin from John Boston, dated 7/22/02. The motion for class certification is to be filed, without a pre-motion conference by 7/31/02. Opposition papers shall be filed by 8/28/02 and reply papers shall be filed by 9/11/02 . ( signed by Judge Denny Chin ); Copies mailed. (kw) (Entered: 07/29/2002)

July 24, 2002 PACER
16

NOTICE OF MOTION by Adam Ingles to certify class action purs to FRCP 23 ; Return Date not indicated (cd) (Entered: 08/06/2002)

July 31, 2002 PACER
17

MEMORANDUM OF LAW by Adam Ingles in support of [16-1] motion to certify class action purs to FRCP 23 . (cd) (Entered: 08/06/2002)

July 31, 2002 PACER
18

SUPPLEMENTAL DECLARATION of Jonathan S. Chasan by Adam Ingles in support Re: [12-1] motion for an Oder pursuant to FRCP 15(a), 20(a) and 21, granting plaintiff leave to file the proposed amended complaint . (pl) (Entered: 09/05/2002)

Aug. 27, 2002 PACER
19

AMENDED COMPLAINT by Adam Ingles, Shawn Davis, Ed Sykes, Miguel Roman, Al Smith, Charles Paige, Jamal Butler, Andre Pratt, Robert Allaway, Patrick Washington, Randolph Johnson, Rogelio Figueroa, Paul Person, Calvin Daniels, Bobby Jones, Phillip Campbell, Johnathan Lukes, Lamont Bradley, Gary Smith, Darold Freeman, Eric Richards, Kimada Dixon (Answer due 9/16/02 for John Doe, for Supervisory Officers, for Codero, for Dept. of Corrections, for City of New York ) amending [2-1] complaint against Elmer Toro, Robert Dash, Robert Davoren, William Fraser, Steven Conry, Bernard Kerik, Lanausse, Gray, Givens, McConnon, Rivera, McKeller, Roberts, Natale, Elliott, Kramer, Cox, Guarneri, Williamson, Graham, Smalls, Powell, Torres, Echiveria, Clark, Hershaway, Dice, Officer Lewis, Yates, Swetokas, Mastroainni, Officer Straughn, Wells, Lopez, Vasquez, Fernandez, Case, Wright, Fisher, Gatto, Bradford, Lamont, Valentine, Chapman, Keith Jackson, R. Jackson, Rivera, Kinder, Dedicke, Anderson, John Does 1-15,17-44, Alcia, Sullivan, Cardo, Small, Wright, Velez, Hayes, Mulvaney, Hernandez, Gallagher, Crooms, Ramos, Perez, Daniels, John Does 16, 46-48,, Pennes, Gerard O'Gara, Roger Slattery, The City of New York. (sb) (Entered: 09/11/2002)

Sept. 6, 2002 PACER
20

MEMORANDUM OF LAW by City of New York, Dept. of Corrections et al in opposition to [16-1] motion to certify class action purs to FRCP 23 . (cd) (Entered: 09/16/2002)

Sept. 10, 2002 PACER
21

DECLARATION of Stacy Lane Matthews by City of New York, Dept. of Corrections et al in support Re: [16-1] motion to certify class action purs to FRCP 23 . (cd) (Entered: 09/16/2002)

Sept. 10, 2002 PACER
22

REPLY MEMORANDUM by Adam Ingles, Shawn Davis, Ed Sykes, Miguel Roman, Al Smith, Charles Paige, Jamal Butler, Andre Pratt, Robert Allaway, Patrick Washington, Randolph Johnson, Rogelio Figueroa, Paul Person, Calvin Daniels, Bobby Jones, Phillip Campbell, Johnathan Lukes, Lamont Bradley, Gary Smith, Darold Freeman, Eric Richards, Kimada Dixon in support re: [16-1] motion to certify class action purs to FRCP 23. (rec'd in the night deposit box on 9/19/02 at 5:21 p.m.) (sac) (Entered: 09/25/2002)

Sept. 19, 2002 PACER
23

ORDER; granting [12-1] motion for an Oder pursuant to FRCP 15(a), 20(a) and 21, granting plaintiff leave to file the proposed amended complaint . ( signed by Judge Denny Chin ) (sb) (Entered: 10/22/2002)

Oct. 18, 2002 PACER
24

NOTICE of Registration and Firm Name Change for Sullivan & Cromwell, by Adam Ingles (indicated on the system) (cd) (Entered: 01/16/2003)

Jan. 13, 2003 PACER
25

Memo-Endorsement on letter addressed to Judge Chin from Legal Aid Society, dated 1/7/03; Counsel writes to request that the Court direct the commencement of discovery in this case pursuant to Rule 26(f), F.R.C.P. It is hereby ordered that the parties proceed such discovery . ( signed by Judge Denny Chin ); Copies faxed by Chambers. (jco) Modified on 01/16/2003 (Entered: 01/16/2003)

Jan. 13, 2003 PACER
26

ANSWER by City of New York, Dept. of Corrections, Codero, Supervisory Officers, John Doe, Robert Dash, Robert Davoren, William Fraser, Steven Conry, Bernard Kerik, Lanausse, Gray, Givens, McConnon, Rivera, McKeller, Roberts, Natale, Elliott, Kramer, Cox, Guarneri, Williamson, Graham, Smalls, Powell, Torres, Echiveria, Clark, Hershaway, Dice, Officer Lewis, Yates, Swetokas, Mastroainni, Officer Straughn, Wells, Lopez, Vasquez, Fernandez, Case, Wright, Fisher, Gatto, Bradford, Lamont, Valentine, Chapman, Keith Jackson, R. Jackson, Rivera, Kinder, Dedicke, Anderson, John Does 1-15,17-44, Alcia, Sullivan, Cardo, Wright, Velez, Hayes, Mulvaney, Hernandez, Gallagher, Crooms, Ramos, Perez, Daniels, John Does 16, 46-48, Pennes, Gerard O'Gara, Roger Slattery, The City of New York, Small to [19-1] amended complaint . (Attorney Lisa J. Black from the Firm: ); jury demand. Received in night deposit on 2/14/03 at 5:02 p.m. (moc) (Entered: 02/21/2003)

Feb. 14, 2003 PACER
27

ANSWER by Keith Jackson to [19-1] amended complaint . (Attorney Matthew Paulose Jr. from the Firm: Koehler & Isaacs LLP). (moc) (Entered: 02/24/2003)

Feb. 18, 2003 PACER
28

ANSWER by Torres, Echiveria, Clark to [19-1] amended complaint . (Attorney Matthew Paulose Jr. from the Firm: Koehler & Isaacs LLP). (moc) (Entered: 02/24/2003)

Feb. 18, 2003 PACER
29

MEMORANDUM DECISION/ORDER; Plaintiffs satisfy the criteria for class certification under Rule 23 and hence their motion for certification is granted ; Plaintiffs shall submit a proposed order on notice within five business days hereof signed by Judge Denny Chin ); (djc) Modified on 02/27/2003 (Entered: 02/26/2003)

Feb. 20, 2003 PACER
30

ORDER granting [16-1] motion to certify class action purs to FRCP 23. The class is defined as: All present and future inmates confined in any of the New York City Department of Correction Institutions and commands not already subject to court order based on prior use of force litigation ( signed by Judge Denny Chin ); (yv) (Entered: 02/28/2003)

Feb. 27, 2003 PACER
31

ANSWER ON BEHALF OF OFFICER DAVID CALDERO to Complaint (Attorney from the Firm: Peltz & Walker) . (gmo) (Entered: 03/12/2003)

March 11, 2003 PACER
32

STIPULATION and ORDER, the Court ordered that this case proceed as a class action under FRCP 23(b)(1)(A), 23(b)(1)(B) and 23 (b)(2) as set forth in this document . ( signed by Judge Denny Chin ) (kw) (Entered: 04/01/2003)

March 31, 2003 PACER
33

STIPULATION and ORDER, plaintiffs shall be granted leave to file the Second Amended Complaint . ( signed by Judge Denny Chin ) Copies faxed by chambers. (kw) (Entered: 05/22/2003)

May 19, 2003 PACER
34

SECOND AMENDED COMPLAINT by Adam Ingles (Answer due 5/29/03 for Small, for The City of New York, for Roger Slattery, for Gerard O'Gara, for Pennes, for John Does 16, 46-48, for Daniels, for Perez, for Ramos, for Crooms, for Gallagher, for Hernandez, for Mulvaney, for Hayes, for Velez, for Wright, for Cardo, for Sullivan, for Alcia, for John Does 1-15,17-44, for Anderson, for Dedicke, for Kinder, for Rivera, for R. Jackson, for Keith Jackson, for Chapman, for Valentine, for Lamont, for Bradford, for Gatto, for Fisher, for Wright, for Case, for Fernandez, for Vasquez, for Lopez, for Wells, for Officer Straughn, for Mastroainni, for Swetokas, for Yates, for Officer Lewis, for Dice, for Hershaway, for Clark, for Echiveria, for Torres, for Powell, for Smalls, for Graham, for Williamson, for Guarneri, for Cox, for Kramer, for Elliott, for Natale, for Roberts, for McKeller, for Rivera, for McConnon, for Givens, for Gray, for Bernard Kerik, for Steven Conry, for William Fraser, for Robert Davoren, for Robert Dash, for Elmer Toro, for City of New York ) amending [19-1] amended complaint against Caldero. Summons issued. (jco) (Entered: 05/22/2003)

May 19, 2003 PACER
35

AMENDED ANSWER to Complaint by Caldero : amends [31-1] answer (moc) (Entered: 06/12/2003)

June 6, 2003 PACER
36

ORDER concerning resolution of discovery issues ; ( signed by Judge Denny Chin ); copies faxed by Chambers; (djc) (Entered: 06/13/2003)

June 12, 2003 PACER
37

PROTECTIVE ORDER, regarding procedures to be followed that shall govern the handling of confidential materials . ( signed by Judge Denny Chin ); Copies faxed by Chambers. (tp) (Entered: 06/16/2003)

June 12, 2003 PACER
38

Memo-Endorsement on letter addressed to Judge Chin from Arthur G. Larkin, dated 6/16/03. Counsel for defendant City of New York and all of the individual defendants except Caldero, Jackson, Clark, Torres and Echeverria request a 30 day extension to 7/14/03 of the time by which defendants must answer, move, or otherwise respond to plaintiffs' second amended complaint. Application granted. ( signed by Judge Denny Chin ); Copies faxed by Chambers. (sb) (Entered: 06/26/2003)

June 25, 2003 PACER
39

ANSWER by Keith Jackson to [34-1] second amended complaint . (Attorney Matthew Paulose Jr. from the Firm: Koehler & Isaacs LLP). (cd) (Entered: 07/08/2003)

July 3, 2003 PACER
40

ANSWER by Torres, Echiveria, Clark to [34-1] second amended complaint. (Attorney Matthew Paulose Jr. from the Firm: Koehler and Isaacs LLP). (sac) (Entered: 07/09/2003)

July 3, 2003 PACER
41

Transcript of record of proceedings before Judge Denny Chin for the date(s) of May 1, 2003. (dt) (Entered: 07/15/2003)

July 3, 2003 PACER
44

THIRD AMENDED COMPLAINT by Adam Ingles (Answer due 7/28/03 for Caldero, for Small, for The City of New York, for Roger Slattery, for Gerard O'Gara, for Pennes, for John Does 16, 46-48, for Daniels, for Perez, for Ramos, for Crooms, for Gallagher, for Hernandez, for Mulvaney, for Hayes, for Velez, for Wright, for Cardo, for Sullivan, for Alcia, for John Does 1-15,17-44, for Anderson, for Dedicke, for Kinder, for Rivera, for R. Jackson, for Keith Jackson, for Chapman, for Valentine, for Lamont, for Bradford, for Gatto, for Fisher, for Wright, for Case, for Fernandez, for Vasquez, for Lopez, for Wells, for Officer Straughn, for Mastroainni, for Swetokas, for Yates, for Officer Lewis, for Dice, for Hershaway, for Clark, for Echiveria, for Torres, for Powell, for Smalls, for Graham, for Williamson, for Guarneri, for Cox, for Kramer, for Elliott, for Natale, for Roberts, for McKeller, for Rivera, for McConnon, for Givens, for Gray, for Lanausse, for Bernard Kerik, for Steven Conry, for William Fraser, for Robert Davoren, for Robert Dash, for Elmer Toro ) amending [34-1] second amended complaint against Powell, Small, Spencer. Summons issued. (jco) (Entered: 07/28/2003)

July 18, 2003 PACER
42

STIPULATION and ORDER; that, pursuant to F.R.C.P. Rule 15(a), plaintiff be granted leave to file the Third Amended Complaint to substitute the true names dft's John Doe 45 (Assist. Deputy Warden Cliffore Owusu) and John Doe 53 (Captain Arthur Spencer) . ( signed by Judge Denny Chin ) (pl) (Entered: 07/22/2003)

July 21, 2003 PACER
43

Memo-Endorsement on letter addressed to Judge Chin from Arthur G. Larkin, dated 7/22/03. counsel for defendants request an extension to 8/18/03 of the time by which the defendants must answer, move or otherwise respond to plaintiffs' third amended complaint for Small, for The City of New York, for Roger Slattery, for Gerard O'Gara, for Pennes, for John Does 16, 46-48, for Daniels, for Perez, for Ramos, for Crooms, for Gallagher, for Hernandez, for Mulvaney, for Hayes, for Velez, for Wright, for Cardo, for Sullivan, for Alcia, for John Does 1-15,17-44, for Anderson, for Dedicke, for for Rivera, for Keith Jackson, for Chapman, for Valentine, for Lamont, for Bradford, for Gatto, for Fisher, for for Case, for Fernandez, for Vasquez, for Lopez, for Wells, for Officer Straughn, for Mastroainni, for Swetokas, for Yates, for Officer Lewis, for Dice, for Hershaway, for Powell, for Smalls, for Graham, for Williamson, for Guarneri, for Cox, for Kramer, for Elliott, for Natale, for Roberts, for McKeller, for Rivera, for McConnon, for for Gray, for Lanausse, for Bernard Kerik, for Steven for William Fraser, for Robert Davoren, for Robert Dash, Elmer Toro, for John Doe, for Supervisory Officers, for Codero, for Dept. of Corrections, for City of New York. Application approved . ( signed by Judge Denny Chin ); Copy faxed by Chambers. (yv) (Entered: 07/28/2003)

July 24, 2003 PACER
45

AFFIDAVIT OF SERVICE of summons and third amended complaint with jury trial demand as to Spencer by personal service on 7/25/03. Answer due on 8/14/03 for Spencer. (djc) (Entered: 07/29/2003)

July 25, 2003 PACER
46

AFFIDAVIT OF SERVICE of summons and third amended complaint with jury trial demand as to Asst. Deputy Warden Cliffore Owuse, at Health Mgmt Div., by personal service on 7/25/03; (djc) (Entered: 07/29/2003)

July 25, 2003 PACER
47

AMENDED ANSWER to Third Amended Complaint by Caldero: amends [35-1] answer (cd) (Entered: 08/08/2003)

Aug. 6, 2003 PACER
48

FOURTH AMENDED COMPLAINT by Adam Ingles, Shawn Davis, Ed Sykes, Miguel Roman, Al Smith, Charles Paige, Jamal Butler, Andre Pratt, Robert Allaway, Patrick Washington, Randolph Johnson, Rogelio Figueroa, Paul Person, Calvin Daniels, Bobby Jones, Phillip Campbell, Johnathan Lukes, Lamont Bradley, Gary Smith, Darold Freeman, Eric Richards, Kimada Dixon (Answer due 9/4/03 for Spencer, for Small, for Powell, for Caldero, for Small, for The City of New York, for Roger Slattery, for Gerard O'Gara, for Pennes, for John Does 16, 46-48, for Daniels, for Perez, for Ramos, for Crooms, for Gallagher, for Hernandez, for Mulvaney, for Hayes, for Velez, for Wright, for Cardo, for Sullivan, for Alcia, for John Does 1-15,17-44, for Anderson, for Dedicke, for Kinder, for Rivera, for R. Jackson, for Keith Jackson, for Chapman, for Valentine, for Lamont, for Bradford, for Gatto, for Fisher, for Wright, for Case, for Fernandez, for Vasquez, for Lopez, for Wells, for Officer Straughn, for Mastroainni, for Swetokas, for Yates, for Officer Lewis, for Dice, for Hershaway, for Clark, for Echiveria, for Torres, for Powell, for Smalls, for Graham, for Williamson, for Guarneri, for Cox, for Kramer, for Elliott, for Natale, for Roberts, for McKeller, for Rivera, for McConnon, for Givens, for Gray, for Lanausse, for Bernard Kerik, for Steven Conry, for William Fraser, for Robert Davoren, for Robert Dash, for Elmer Toro, for John Doe, for Supervisory Officers, for Codero, for Dept. of Corrections, for City of New York ) amending [2-1] complaint . Summons issued. (sb) (Entered: 08/28/2003)

Aug. 25, 2003 PACER
49

STIPULATION AND ORDER; purs. to FRCP 15(a), pltffs are granted leave to file the Fourth Amended Complaint as set forth in this Order. The Court notes that although the City defts do not concede that the "correct" date of the Andre Pratt incident was 12/17/01, they do not object to the filing of the 4th Amended Complaint, reserving all rights and defenses. ( signed by Judge Denny Chin ) (sac) (Entered: 08/28/2003)

Aug. 26, 2003 PACER
50

AFFIDAVIT OF SERVICE of summons and 4th Amended Complaint as to Hayes by personal service on 9/8/03. Answer due on for Hayes. (sb) (Entered: 09/16/2003)

Sept. 12, 2003 PACER
51

AFFIDAVIT OF SERVICE of summons and 4th amended complaint as to C.O. Thomas Boyles by George Motchan on 9/9/03. (sb) (Entered: 09/16/2003)

Sept. 12, 2003 PACER
52

AFFIDAVIT OF SERVICE of summons and 4th amended complaint as to C.O. James Dougherty by G. O'Brien on 9/9/03. (sb) (Entered: 09/16/2003)

Sept. 12, 2003 PACER
53

AFFIDAVIT OF SERVICE of summons and 4th amended complaint as to C.O. Anthony Mitchell by personal service on 9/9/03. (sb) (Entered: 09/16/2003)

Sept. 12, 2003 PACER
54

AFFIDAVIT OF SERVICE of summons and 4th amended complaint as to C.O. Robert Russo by C.O. Moore on 9/18/03. (sb) (Entered: 09/25/2003)

Sept. 23, 2003 PACER
55

AFFIDAVIT OF SERVICE of summons and 4th amended complaint as to C.O. Charles Sanacore by C.O. Moore on 9/18/03. (sb) (Entered: 09/25/2003)

Sept. 23, 2003 PACER
56

Memo-Endorsement on letter addressed to Judge Chin from Jonathan S. Chasan, dated 9/11/03; Further reasons set forth in defts' 9/15/03 letter, their obligations are sustained. ( signed by Judge Denny Chin ); (sac) (Entered: 10/06/2003)

Oct. 6, 2003 PACER
57

Memo-Endorsement on letter addressed to Judge Chin from Arthur Larkin, dated 10/8/03, reset all discovery due for 11/18/04, and as further set forth in this document. No further extensions will be allowed ( signed by Judge Denny Chin ); copies sent by Chambers (cd) (Entered: 10/16/2003)

Oct. 15, 2003 PACER
58

AMENDED ANSWER to Fourth Amended Complaint by Caldero : amends (yv) (Entered: 10/27/2003)

Oct. 22, 2003 PACER
59

Order that case be referred to the Clerk of Court for assignment to a Magistrate Judge for Settlement. Referred to Magistrate Judge Debra C. Freeman . ( signed by Judge Denny Chin ) (rag) (Entered: 11/12/2003)

Nov. 12, 2003 PACER
60

ANSWER by Elmer Toro, Robert Dash, Robert Davoren, William Fraser, Steven Conry, Bernard Kerik, Lanausse, Gray, Givens, McConnon, Rivera, McKeller, Roberts, Natale, Elliott, Kramer, Cox, Guarneri, Williamson, Graham, Smalls, Powell, Torres, Echiveria, Clark, Hershaway, Dice, Officer Lewis, Yates, Swetokas, Mastroainni, Officer Straughn, Wells, Lopez, Vasquez, Fernandez, Case, Wright, Fisher, Gatto, Bradford, Lamont, Valentine, Chapman, Keith Jackson, R. Jackson, Rivera, Kinder, Dedicke, Anderson, John Does 1-15,17-44, Alcia, Sullivan, Cardo, Wright, Velez, Hayes, Mulvaney, Hernandez, Gallagher, Crooms, Ramos, Perez, Daniels, John Does 16, 46-48, Pennes, Gerard O'Gara, Roger Slattery, The City of New York, Small, Caldero, Powell, Small, Spencer to [48-1] fourth amended complaint . (Attorney Arthur G. Larkin from the Firm: Corp. Counsel of NYC); jury demand. (moc) (Entered: 11/20/2003)

Nov. 19, 2003 PACER
61

ENDORSED LETTER addressed to Judge Denny Chin from Arthur G. Larkin dated 11/25/03; Re: Application for an extension of discovery and for a protective order are denied. Defendants are not required to produce any documents twice, but they cannot delay producing ID files until the investigations are complete. (Signed by Judge Denny Chin on 12/4/03) (sac, ) (Entered: 12/18/2003)

Dec. 5, 2003 PACER
62

ENDORSED LETTER addressed to Judge Chin from Arthur Larkin dated 12/8/03 re: the request for an order requiring pltffs to identify deposition exhibits in advance is denied. (Signed by Judge Denny Chin on 12/9/03) (Pecorino, Joseph) (Entered: 12/28/2003)

Dec. 10, 2003 PACER
63

ANSWER to Amended Complaint. Document filed by Keith Jackson. Related document: 48 Amended Complaint, filed by Paul Person, Shawn Davis, Eric Richards, Miguel Roman, Phillip Campbell, Randolph Johnson, Gary Smith, Adam Ingles, Kimada Dixon, Ed Sykes, Al Smith, Charles Paige, Andre Pratt, Robert Allaway, Rogelio Figueroa, Calvin Daniels, Bobby Jones, Johnathan Lukes, Lamont Bradley, Darold Freeman, Jamal Butler, Patrick Washington.(Gencarello, John) (Entered: 12/30/2003)

Dec. 24, 2003 PACER
64

ANSWER to Amended Complaint. Document filed by Clark, Echiveria, Torres, Joseph Debblay, Shamon Clark, and James Turrisi. Related document: 48 Amended Complaint,,,,,, filed by Paul Person, Shawn Davis, Eric Richards, Miguel Roman, Phillip Campbell, Randolph Johnson, Gary Smith, Adam Ingles, Kimada Dixon, Ed Sykes, Al Smith, Charles Paige, Andre Pratt, Robert Allaway, Rogelio Figueroa, Calvin Daniels, Bobby Jones, Johnathan Lukes, Lamont Bradley, Darold Freeman, Jamal Butler, Patrick Washington.(yv, ) Modified on 12/31/2003 (yv, ). (Entered: 12/31/2003)

Dec. 24, 2003 PACER
65

ANSWER to Amended Complaint. Document filed by Raymond Ortiz, Darrow Arnold, Alfredo Tolentino, Angel Orozco. Related document: 48 Amended Complaint,,,,,, filed by Paul Person, Shawn Davis, Eric Richards, Miguel Roman, Phillip Campbell, Randolph Johnson, Gary Smith, Adam Ingles, Kimada Dixon, Ed Sykes, Al Smith, Charles Paige, Andre Pratt, Robert Allaway, Rogelio Figueroa, Calvin Daniels, Bobby Jones, Johnathan Lukes, Lamont Bradley, Darold Freeman, Jamal Butler, Patrick Washington.(yv, ) (Entered: 12/31/2003)

Dec. 24, 2003 PACER
66

Letter addressed to Counsel from Debra Freeman, United States Magistrate Judge dated 2/10/04; Re: A Settlement Conference scheduled for Tuesday, 3/23/04 at 11:30 A.M. in Room 102. (sac, ) (Entered: 02/18/2004)

Feb. 11, 2004 PACER
67

ENDORSED LETTER addressed to Judge Chin from Arthur G. Larkin dated 2/9/04 re: Counsel for defts requests that the Court allow defts an additional 2 weeks to complete the document production indicated in this letter. The remaining documents are to be produced by 2/23/04, without exception. (Signed by Judge Denny Chin on 2/12/04) (sn) (Entered: 02/19/2004)

Feb. 17, 2004 PACER
68

ORDER; regarding procedures to be followed that shall govern the handling of the deposition of Randolph Johnson. (Signed by Judge Denny Chin on 3/4/2004) (jp, ) (Entered: 03/08/2004)

March 5, 2004 PACER
69

ORDER; regarding procedures to be followed that shall govern the handling of the deposition of Eric Richards. (Signed by Judge Denny Chin on 3/4/2004) (jp, ) (Entered: 03/08/2004)

March 5, 2004 PACER
70

ORDER; regarding procedures to be followed that shall govern the handling of the deposition of Gary Smith a/k/a Shawn Johnson. (Signed by Judge Denny Chin on 3/4/2004) (jp, ) (Entered: 03/08/2004)

March 5, 2004 PACER
71

ORDER; regarding procedures to be followed that shall govern the handling of the deposition of Ed Sykes. (Signed by Judge Denny Chin on 3/4/2004) (jp, ) (Entered: 03/08/2004)

March 5, 2004 PACER
72

ORDER; regarding procedures to be followed that shall govern the handling of the deposition of Philip Campbell. (Signed by Judge Denny Chin on 3/4/2004) (jp, ) (Entered: 03/08/2004)

March 5, 2004 PACER
73

ORDER; regarding procedures to be followed that shall govern the handling of the deposition of Andre Pratt. (Signed by Judge Denny Chin on 3/4/2004) (jp, ) (Entered: 03/08/2004)

March 5, 2004 PACER
74

ORDER; regarding procedures to be followed that shall govern the handling of the deposition of Bobby Jones a/k/a Rasheem Davis. (Signed by Judge Denny Chin on 3/4/2004) (jp, ) (Entered: 03/08/2004)

March 5, 2004 PACER
75

ORDER; regarding procedures to be followed that shall govern the handling of the deposition of Jonathan Lukes. (Signed by Judge Denny Chin on 3/4/2004) (jp, ) (Entered: 03/08/2004)

March 5, 2004 PACER
76

ORDER; regarding procedures to be followed that shall govern the handling of the deposition of Shawn Davis. (Signed by Judge Denny Chin on 3/4/2004) (jp, ) (Entered: 03/08/2004)

March 5, 2004 PACER
77

ORDER; regarding procedures to be followed that shall govern the handling of the deposition of Darold Freeman. (Signed by Judge Denny Chin on 3/4/2004) (jp, ) (Entered: 03/08/2004)

March 5, 2004 PACER
78

ORDER; regarding procedures to be followed that shall govern the handling of the deposition of Jose Ortega. (Signed by Judge Denny Chin on 3/4/2004) (jp, ) Modified on 3/8/2004 (jp, ). (Entered: 03/08/2004)

March 5, 2004 PACER
79

ORDER; regarding procedures to be followed that shall govern the handling of the deposition of Paul Person. (Signed by Judge Denny Chin on 3/4/2004) (jp, ) (Entered: 03/08/2004)

March 5, 2004 PACER
80

ORDER; regarding procedures to be followed that shall govern the handling of the deposition of Allen Smith. (Signed by Judge Denny Chin on 3/4/2004) (jp, ) (Entered: 03/08/2004)

March 5, 2004 PACER
81

ORDER; regarding procedures to be followed that shall govern the handling of the deposition of Waberly Alloway. (Signed by Judge Denny Chin on 3/4/2004) (jp, ) (Entered: 03/08/2004)

March 5, 2004 PACER
82

ORDER; regarding procedures to be followed that shall govern the handling of the deposition of Lamont Bradley. (Signed by Judge Denny Chin on 3/4/2004) (jp, ) (Entered: 03/08/2004)

March 5, 2004 PACER
83

ORDER; regarding procedures to be followed that shall govern the handling of the deposition of Jamal Butler. (Signed by Judge Denny Chin on 3/4/2004) (jp, ) (Entered: 03/08/2004)

March 5, 2004 PACER
84

ENDORSED LETTER addressed to Judge Chin from Penny Shane dated 3/16/04; granting plntf's request for an extension of time to complete depositions but only to 6/25/04. (Signed by Judge Denny Chin on 3/17/04) copies sent by chambers.(cd, ) (Entered: 03/22/2004)

March 17, 2004 PACER
85

ENDORSED LETTER addressed to Judge Chin from Arthur Larkin dated 3/15/04, re plntf's letter of 3/11/04: Daniel's objection to a "second" deposition is orverruled, as the instant case is different and far broader scope than the prior, non-discontinued suit. Defts may not, however, re-question Daniels on areas that were covered in the prior deposition, except to the extent necessary to provide a context for questioning into new areas. (Signed by Judge Denny Chin on 3/17/04) copies sent by chambers copies sent by chambers.(cd, ) (Entered: 03/22/2004)

March 17, 2004 PACER
86

ORDER that the Superintendent or other official in charge of the Sing Sing Correctional Facility produce inmate Shawn Davis, inmate #02A6250 for the taking of his deposition on 4/9/04 at 10:00 a.m. and for so long thereafter, from day to day as the deposition continues and that inmate Shawn Davis appear in such place designated by the Superintendent or other official in charge of Sing Sing Correctional Facility so his deposition may be taken. (Signed by Judge Denny Chin on 3/30/04) (dle, ) (Entered: 03/31/2004)

March 30, 2004 PACER
87

ORDER: that the Superintendent or other official in charge of the Downstate Correctional Facility transport and produce inmate Phillip Campbell, Inmate No. 04-A-1376, from Franklin Correctional Facility, Located in Malone, New York to the Sing Sing Correctional Facility, located in Ossining, New York, no later than 5/16/04, for the taking of his deposition, on 5/20/04 at 10:00 a.m., and for so long thereafter, from day to day, as the deposition continues; and that inmate Phillip Campbell appear in such place as designated by the Superintendent or other official in charge of Sing Sing Correctional Facility so his deposition may be taken. (Signed by Judge Denny Chin on 4/14/04) Copies Faxed by Chambers.(db, ) Modified on 4/16/2004 (db, ). (Entered: 04/16/2004)

April 16, 2004 PACER
88

ENDORSED LETTER addressed to Judge Denny Chin from Arthur Larkin dated 4/15/04 re: granting counsel for dfts' request for a two day extension of time within which dfts must serve their opposition to plaintiffs' application for leave to take more than ten depositions in this case. (Signed by Judge Denny Chin on 4/19/04) (dle, ) (Entered: 04/22/2004)

April 21, 2004 PACER
89

ORDER (1) that the Superintendent or other official in charge of the Downstate Correctional Facility transport and produce inmate Phillip Campbell, Inmate No. 04A1376, form Franklin Correctional Facility, located in Malone, NY to the Sing Sing Correctional Facility, located in Ossining, New York. no later than 5/16/04, for the taking of his deposition. on 5/20/04 at 10:00 a.m., and for so long thereafter, from day to day, as the deposition continues; and (2) that inmate Phillip Campbell appear in such place as designated by the Superintendent or other official in charge of Sing Sing Correctional Facility so his deposition may be taken. (Signed by Judge Denny Chin on 4/19/04) (jco, ) (Entered: 04/22/2004)

April 21, 2004 PACER
90

ORDER, plntfs may take 30 additional depositions, that is, 30 depositions in addition to any taken through today, as further set forth in this document. This order does not apply to depositions of expert witnesses. (Signed by Judge Denny Chin on 4/22/04) (cd, ) (Entered: 04/27/2004)

April 26, 2004 PACER
91

ENDORSED LETTER addressed to Judge Denny Chin from Ilann M. Maazel dated 4/28/04 re: counsel for plaintiff requests permission to convert five of the eight-hour depositions into ten four hour depositions. Application GRANTED. Also, requested was an additional five half-day depositions. Application DENIED. (Signed by Judge Denny Chin on 5/3/04) Copies Faxed by Chambers.(db, ) (Entered: 05/04/2004)

May 3, 2004 PACER
92

ENDORSED LETTER addressed to Judge Chin from Arthur G. Larkin dated 5/5/2004 re: motion for reconsideration. The motion is denied. (Signed by Judge Denny Chin on 5/11/2004) (jsa, ) Modified on 5/13/2004 (jsa, ). Copies faxed by Chambers. (Entered: 05/13/2004)

May 12, 2004 PACER
93

ENDORSED LETTER addressed to Judge Chin from Arthur G. Larkin dated 5/27/04 re: Denying the City Defendants' request for extension of time in which to complete fact witness depositions. (Signed by Judge Denny Chin on 6/1/04) Copies Faxed by Chambers.(tp, ) (Entered: 06/03/2004)

June 2, 2004 PACER
94

ENDORSED LETTER addressed to Judge Denny Chin from Penny Shane dated 6/11/04 re: counsel for plaintiffs request that the court order the inspection to go forward or convene a premotion conference. The City's objections are overruled. The City shall permit plaintiffs' experts to inspect the designated areas of the three jails in question. (Signed by Judge Denny Chin on 6/21/04) (dle, ) (Entered: 06/24/2004)

June 22, 2004 PACER
95

ENDORSED LETTER addressed to Judge Chin from Arthur G. Larkin dated 06/22/04 re: Defendants' objections to the recent deposition notice are Sustained. The notice is stricken. (Signed by Judge Denny Chin on 6/28/04) (djc, ) (Entered: 07/01/2004)

June 30, 2004 PACER
96

ENDORSED LETTER addressed to Judge Chin from Arthur G. Larkin dated 7/19/04 re: This request is Granted. The deadline for plaintiffs' expert reports is extended to 09/28/04; The City shall respond to Plaintiffs' reports by 11/23/04. Expert depositions shall be completed as previously set. (Signed by Judge Denny Chin on 7/20/04) (djc, ) (Entered: 07/23/2004)

July 22, 2004 PACER
97

ENDORSED LETTER addressed to Judge Chin from Penny Shane dated 7/19/04 re: plaintiffs requests a ten-day extension of time in which to file their opening papers in support of the motion to compel. Application granted. The dates for other motion papers are extended accordingly. (Signed by Judge Denny Chin on 7/20/04) (djc, ) (Entered: 07/23/2004)

July 22, 2004 PACER
98

MEMORANDUM TO THE DOCKET CLERK: that a cont'd settlement conference was held on 7/27/04; next t/c set for 10/13/04 @10:00; to confirm settlement conference 11/10/04 @11:00 a.m. (pl, ) (pl, ) (Entered: 07/28/2004)

July 27, 2004 PACER
190

MEMORANDUM OF LAW in Support of Plaintiffs' Motion to Compel Discovery. Document filed by Miguel Roman, Al Smith, Charles Paige, Jamal Butler, Andre Pratt, Robert Allaway, Patrick Washington, Randolph Johnson, Rogelio Figueroa, Paul Person, Adam Ingles, Calvin Daniels, Bobby Jones, Phillip Campbell, Johnathan Lukes, Lamont Bradley, Gary Smith, Darold Freeman, Eric Richards, Kimada Dixon, Shawn Davis, Ed Sykes. (jar, ) Modified on 9/1/2006 (jar, ). (Entered: 09/01/2006)

Aug. 2, 2004 PACER
99

ENDORSED LETTER addressed to Judge Chiin from Arthur G. Larkin dated 8/10/2004: re: Defendant City of New York must serve its opposition papers by 8/20/2004 and plaintiffs must serve their reply papers by 9/3/2004. So ordered. (Signed by Judge Denny Chin on 8/11/2004) (jsa, ) (Entered: 08/16/2004)

Aug. 12, 2004 PACER

State / Territory: New York

Case Type(s):

Jail Conditions

Key Dates

Filing Date: Sept. 5, 2001

Closing Date: 2006

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Inmates subjected to excessive force while incarcerated at institutions operated by DOC on Rikers Island and in Manhattan, Queens, and the Bronx.

Attorney Organizations:

Emery Celli Brinckerhoff & Abady LLP

Public Interest Lawyer: Yes

Filed Pro Se: Unknown

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

Dept. of Corrections NYC (New York), City

Case Details

Causes of Action:

42 U.S.C. § 1983

Constitutional Clause(s):

Due Process

Availably Documents:

Trial Court Docket

Complaint (any)

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Damages

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Issues

General:

Assault/abuse by staff

Affected Gender:

Male

Type of Facility:

Government-run