Case: Disability Advocates, Inc. [DAI] v. New York State Office of Mental Health

1:02-cv-04002 | U.S. District Court for the Southern District of New York

Filed Date: May 28, 2002

Closed Date: 2007

Clearinghouse coding complete

Case Summary

On May 28, 2002, Disability Advocates, Inc., along with other public interest groups, filed a civil rights lawsuit pursuant to 42 U.S.C. § 1983 in the U.S. District Court for the Southern District of New York on behalf of state prisoners with mental illness. The complaint alleged that the New York State Office of Mental Health [OMH] and the New York State Department of Correctional Services [DOCS] were deliberately indifferent to the serious mental health needs of state prisoners with mental i…

On May 28, 2002, Disability Advocates, Inc., along with other public interest groups, filed a civil rights lawsuit pursuant to 42 U.S.C. § 1983 in the U.S. District Court for the Southern District of New York on behalf of state prisoners with mental illness. The complaint alleged that the New York State Office of Mental Health [OMH] and the New York State Department of Correctional Services [DOCS] were deliberately indifferent to the serious mental health needs of state prisoners with mental illness, in violation of the Eighth Amendment, the Americans with Disabilities Act (ADA) and the Rehabilitation Act. Specifically, plaintiff alleged that a cycle of torment existed within the New York state prison system: a lack of adequate mental health care resulted in the placement of prisoners with mental illness in isolated confinement, which in turn caused greater psychiatric harm to those prisoners. Plaintiff sought declaratory and injunctive relief.

Defendants filed a motion to transfer the case which was denied by the District Court (Judge Gerard E. Lynch) on October 31, 2002. Thereafter, the parties conducted discovery through 2006.

In April 2007, the parties reached a settlement, which Judge Lynch approved on April 27, 2007. The settlement requires that prisoners with serious mental illness confined in Special Housing Units ("SHU") will now receive a minimum of 2 hours per day of out of cell treatment and that prisoners in the RMHU receive as many as 4 hours, in addition to an hour of recreation.

The settlement also provides:

  • Multiple reviews of disciplinary sentences for prisoners with mental illness for the purpose of removing prisoners with serious mental illness from isolated confinement.

  • Residential programs for 405 prisoners with serious mental illness.

  • 215 Transitional Intermediate Care Program beds for prisoners with mental illness in general population.

  • 90 additional Intermediate Care Program beds for prisoners with mental illness who cannot tolerate the prison general population.

  • A 100 bed Residential Mental Health Unit ("RMHU") which will provide 4 hours per day of out-of-cell programming for prisoners with serious mental illness who would otherwise be in SHU.

  • The above are in addition to 310 residential mental health programs beds which the state instituted after the litigation commenced.

  • An additional 20 psychiatric hospital beds for prisoners in need of acute care.

  • Universal and improved mental health screening of all prisoners at admission to prison.

  • Improved suicide prevention assessments, now required upon admission to SHU.

  • Improved treatment and conditions for prisoners in psychiatric crisis in observation cells.

  • Limits on the use of observation cells, where prisoners in psychiatric crisis are deprived of most possessions and clothing.

  • Limits on punishment of prisoners with mental illness who hurt themselves because of their illness.

  • Limits on the use of the punitive 'restricted diet' (a loaf made from bread and cabbage) as a punishment for misconduct by prisoners with serious mental illness.

  • Elimination of isolated confinement of prisoners with serious mental illness in cells that have solid steel doors that severely isolate and restrict communication.
The new state budget provides monies to carry out the State's commitments in the settlement agreement. These funds approximate over $50 million in capital construction costs; $2 million for additional OMH staffing for the 2007-2008 year to grow to $9 million when construction is complete; and nearly $2 million for additional DOCS staffing for the 2007-2008 fiscal year.

Summary Authors

Dan Dalton (4/18/2007)

Andrew Junker (10/22/2014)

People


Judge(s)

Lynch, Gerard E. (New York)

Attorneys(s) for Plaintiff

Benkard, James W.B (New York)

Boston, John (New York)

Ginsberg, Betsy R. (New York)

Greenberg, Daniel L. (New York)

Johnson, Alba Susan (New York)

Kerr, Sarah (New York)

Knudsen, John E. (New York)

Lasky, Brian N. (New York)

Loewenstein, Nina (New York)

Judge(s)

Lynch, Gerard E. (New York)

Attorneys(s) for Plaintiff

Benkard, James W.B (New York)

Boston, John (New York)

Ginsberg, Betsy R. (New York)

Greenberg, Daniel L. (New York)

Johnson, Alba Susan (New York)

Kerr, Sarah (New York)

Knudsen, John E. (New York)

Lasky, Brian N. (New York)

Loewenstein, Nina (New York)

Rearden, Jennifer H. (New York)

Sterling, Elizabeth [Betsy[ C. (New York)

Terrizzi, Thomas (New York)

Zucker, Cliff (New York)

Attorneys(s) for Defendant

Adlerstein, Lee A. (New York)

Brewster, Richard W. (New York)

Cohen, Leonard Arthur (New York)

Cuomo, Andrew M. (New York)

Expert/Monitor/Master

Kupers, Terry (California)

Martin, Steve J. (Texas)

Documents in the Clearinghouse

Document

1:02-cv-04002

Docket (PACER)

Disability Advocates, Inc. v. New York State Office of Mental Health

Oct. 5, 2007

Oct. 5, 2007

Docket
1

1:02-cv-04002

Complaint

Disability Advocates, Inc. v. New York State Office of Mental Health

May 28, 2002

May 28, 2002

Complaint

1:02-cv-04002

Report of Plaintiffs' Expert, Dr. Terry Kupers, MD (PART II; PART I PRECEDES THIS)

Disability Advocates Inc. v. New York State Office of Mental Health

June 1, 2005

June 1, 2005

Monitor/Expert/Receiver Report

1:02-cv-04002

Report of Plaintiff’s Expert Steve J. Martin

Disability Advocates Inc. v. New York State Office of Mental Health

June 1, 2005

June 1, 2005

Monitor/Expert/Receiver Report

1:02-cv-04002

Report of Plaintiffs' Expert, Dr. Terry Kupers, MD (PART I; PART II FOLLOWS)

Disability Advocates Inc. v. New York State Office of Mental Health

June 1, 2005

June 1, 2005

Monitor/Expert/Receiver Report
94

1:02-cv-04002

Private Settlement Agreement

Disability Advocates v. New York State Office of Mental Health

April 25, 2007

April 25, 2007

Settlement Agreement

Resources

Docket

Last updated Aug. 11, 2022, 3:06 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT filed. Summons issued and Notice pursuant to 28 U.S.C. 636(c). FILING FEE $ 150.00 RECEIPT # 0440407. (dle) (Entered: 05/31/2002)

May 28, 2002

May 28, 2002

Magistrate Judge Henry B. Pitman is so designated. (dle) (Entered: 05/31/2002)

May 28, 2002

May 28, 2002

2

Memo−Endorsement on letter addressed to Judge Lynbch from Richard W.Brewster, dated 06/14/02; reset answer to complaint due for 7/1/02 for Edward Donnelly, for Thomas Ricks, for James Walsh, for Michael P. McGinnis, for Brian Fischer, for Leonard Portuondo, for Charles Griener, for George Duncan, for Thomas Poole, for Floyd G. Bennett Jr., for David Miller, for Frank Tracy, for Gary Fillion, for Daniel Senkowski, for Elaine Lord, for John Burge, for Victor Herbert, for Glenn S. Goord, for NYS Dept. of Corr., for Anthony Devito, for Loretta Klein, for David Boyd, for Thomas Ryan, for Al Shimkunas, for Peter Russell, for John Dunn, for Michael Hill, for Kathy Cavanaugh, for Wayne Crosier, for Michelle Petrino, for Scott Clair, for Jurgen Karker, for James L. Stone, for NYS Office of Mental ; The application is denied to the extent it requests additional delay ; ( signed by Judge Gerard E. Lynch ); Copies mailed. (djc) (Entered: 06/21/2002)

June 19, 2002

June 19, 2002

3

NOTICE OF MOTION by NYS Office of Mental, James L. Stone, Jurgen Karker, Scott Clair, Michelle Petrino, Wayne Crosier, Kathy Cavanaugh, Michael Hill, John Dunn, Peter Russell, Al Shimkunas, Thomas Ryan, David Boyd, Loretta Klein, Anthony Devito, NYS Dept. of Corr., Glenn S. Goord, Victor Herbert, John Burge, Elaine Lord, Daniel Senkowski, Gary Fillion, Frank Tracy, David Miller, Floyd G. Bennett Jr., Thomas Poole, George Duncan, Charles Griener, Leonard Portuondo, Brian Fischer, Michael P. McGinnis, James Walsh, Thomas Ricks, Edward Donnelly to transfer case . Return Date 7/31/02 . (sb) (Entered: 06/27/2002)

June 24, 2002

June 24, 2002

4

MEMORANDUM OF LAW by NYS Office of Mental, James L. Stone, Jurgen Karker, Scott Clair, Michelle Petrino, Wayne Crosier, Kathy Cavanaugh, Michael Hill, John Dunn, Peter Russell, Al Shimkunas, Thomas Ryan, David Boyd, Loretta Klein, Anthony Devito, NYS Dept. of Corr., Glenn S. Goord, Victor Herbert, John Burge, Elaine Lord, Daniel Senkowski, Gary Fillion, Frank Tracy, David Miller, Floyd G. Bennett Jr., Thomas Poole, George Duncan, Charles Griener, Leonard Portuondo, Brian Fischer, Michael P. McGinnis, James Walsh, Thomas Ricks, Edward Donnelly in support of [3−1] motion to transfer case . (sb) (Entered: 06/27/2002)

June 24, 2002

June 24, 2002

5

AFFIDAVIT of Steven Stark−Riemer by NYS Office of Mental, James L. Stone, Jurgen Karker, Scott Clair, Michelle Petrino, Wayne Crosier, Kathy Cavanaugh, Michael Hill, John Dunn, Peter Russell, Al Shimkunas, Thomas Ryan, David Boyd, Loretta Klein, Anthony Devito, NYS Dept. of Corr., Glenn S. Goord, Victor Herbert, John Burge, Elaine Lord, Daniel Senkowski, Gary Fillion, Frank Tracy, David Miller, Floyd G. Bennett Jr., Thomas Poole, George Duncan, Charles Griener, Leonard Portuondo, Brian Fischer, Michael P. McGinnis, James Walsh, Thomas Ricks, Edward Donnelly in support of [3−1] motion to transfer case . (sb) (Entered: 06/27/2002)

June 24, 2002

June 24, 2002

6

AFFIDAVIT of Anthony J. Annucci by NYS Office of Mental, James L. Stone, Jurgen Karker, Scott Clair, Michelle Petrino, Wayne Crosier, Kathy Cavanaugh, Michael Hill, John Dunn, Peter Russell, Al Shimkunas, Thomas Ryan, David Boyd, Loretta Klein, Anthony Devito, NYS Dept. of Corr., Glenn S. Goord, Victor Herbert, John Burge, Elaine Lord, Daniel Senkowski, Gary Fillion, Frank Tracy, David Miller, Floyd G. Bennett Jr., Thomas Poole, George Duncan, Charles Griener, Leonard Portuondo, Brian Fischer, Michael P. McGinnis, James Walsh, Thomas Ricks, Edward Donnelly in support of [3−1] motion to transfer case . (sb) (Entered: 06/27/2002)

June 24, 2002

June 24, 2002

7

ANSWER to Complaint by NYS Office of Mental, James L. Stone, Jurgen Karker, Scott Clair, Michelle Petrino, Wayne Crosier, Kathy Cavanaugh, Michael Hill, John Dunn, Peter Russell, Al Shimkunas, Thomas Ryan, David Boyd, Loretta Klein, Anthony Devito, NYS Dept. of Corr., Glenn S. Goord, Victor Herbert, John Burge, Elaine Lord, Daniel Senkowski, Gary Fillion, Frank Tracy, David Miller, Floyd G. Bennett Jr., Thomas Poole, George Duncan, Charles Griener, Leonard Portuondo, Brian Fischer, Michael P. McGinnis, James Walsh, Thomas Ricks, Edward Donnelly (Attorney John E. Knudsen) . (sb) (Entered: 07/10/2002)

July 2, 2002

July 2, 2002

8

Memo−Endorsement on letter addressed to Judge Lynch from James W.B. Benkard, dated 6/27/02. Plaintiff's Response to motion reset to 7/16/02 for [3−1] motion to transfer case ; defendants' Reply to Response to Motion reset to 7/25/02 for [3−1] motion to transfer case . ( signed by Judge Gerard E. Lynch ); Copies mailed. (kw) (Entered: 07/15/2002)

July 9, 2002

July 9, 2002

10

DECLARATION of Jennifer H. Rearden by Disability Advocates in support Re: opposition to defendants' motion to transfer . Received in night deposit box on 7/18/02 at 5:31 p.m. (yv) (Entered: 07/22/2002)

July 18, 2002

July 18, 2002

11

REPLY MEMORANDUM by Disability Advocates in support re: plaintiff's motion for protective order. Proposed Protective Order attached. (yv) (Entered: 07/31/2002)

July 29, 2002

July 29, 2002

12

MEMORANDUM OF LAW by Disability Advocates in opposition to [3−1] motion to transfer case . (yv) (Entered: 08/02/2002)

July 31, 2002

July 31, 2002

13

DECLARATION of Cliff Zucker by Disability Advocates in opposition Re: [3−1] motion to transfer case . (yv) (Entered: 08/02/2002)

July 31, 2002

July 31, 2002

14

DECLARATION of Betsy C. Sterling by Disability Advocates in support Re: [12−1] opposition memorandum . (yv) (Entered: 08/02/2002)

July 31, 2002

July 31, 2002

15

DECLARATION of Sarah Kerr by Disability Advocates in opposition Re: [3−1] motion to transfer case . (yv) (Entered: 08/02/2002)

July 31, 2002

July 31, 2002

16

DECLARATION of Jennifer H. Rearden by Disability Advocates in support Re: [12−1] opposition memorandum . (yv) (Entered: 08/02/2002)

July 31, 2002

July 31, 2002

17

MEMORANDUM OF LAW by NYS Office of Mental, James L. Stone, Jurgen Karker, Scott Clair, Michelle Petrino, Wayne Crosier, Kathy Cavanaugh, Michael Hill, John Dunn, Peter Russell, Al Shimkunas, Thomas Ryan, David Boyd, Loretta Klein, Anthony Devito, NYS Dept. of Corr., Glenn S. Goord, Victor Herbert, John Burge, Elaine Lord, Daniel Senkowski, Gary Fillion, Frank Tracy, David Miller, Floyd G. Bennett Jr., Thomas Poole, George Duncan, Charles Griener, Leonard Portuondo, Brian Fischer, Michael P. McGinnis, James Walsh, Thomas Ricks, Edward Donnelly in opposition to plaintiff's motion for a protective order. (yv) (Entered: 08/07/2002)

Aug. 1, 2002

Aug. 1, 2002

18

AFFIDAVIT of Lawrence Farago by NYS Office of Mental, James L. Stone, Jurgen Karker, Scott Clair, Michelle Petrino, Wayne Crosier, Kathy Cavanaugh, Michael Hill, John Dunn, Peter Russell, Al Shimkunas, Thomas Ryan, David Boyd, Loretta Klein, Anthony Devito, NYS Dept. of Corr., Glenn S. Goord, Victor Herbert, John Burge, Elaine Lord, Daniel Senkowski, Gary Fillion, Frank Tracy, David Miller, Floyd G. Bennett Jr., Thomas Poole, George Duncan, Charles Griener, Leonard Portuondo, Brian Fischer, Michael P. McGinnis, James Walsh, Thomas Ricks, Edward Donnelly in opposition to plaintiff's motion for a protective order. (yv) (Entered: 08/07/2002)

Aug. 1, 2002

Aug. 1, 2002

19

AFFIDAVIT of Leonard A. Cohen by NYS Office of Mental, James L. Stone, Jurgen Karker, Scott Clair, Michelle Petrino, Wayne Crosier, Kathy Cavanaugh, Michael Hill, John Dunn, Peter Russell, Al Shimkunas, Thomas Ryan, David Boyd, Loretta Klein, Anthony Devito, NYS Dept. of Corr., Glenn S. Goord, Victor Herbert, John Burge, Elaine Lord, Daniel Senkowski, Gary Fillion, Frank Tracy, David Miller, Floyd G. Bennett Jr., Thomas Poole, George Duncan, Charles Griener, Leonard Portuondo, Brian Fischer, Michael P. McGinnis, James Walsh, Thomas Ricks, Edward Donnelly in opposition to plaintiff's motion for protective

Aug. 1, 2002

Aug. 1, 2002

21

NOTICE OF MOTION by Disability Advocates for an order, purs. to FRCP 26(c), for a protective order, to preseve the privacy and confidentiality of the prisoners with mental illness described in the Complaint ; Return Date not indicated. (sac) (Entered: 08/09/2002)

Aug. 5, 2002

Aug. 5, 2002

22

MEMORANDUM OF LAW by Disability Advocates in support of [21−1] motion for an order, purs. to FRCP 26(c), for a protective order, to preseve the privacy and confidentiality of the prisoners with mental illness described in the Complaint. (sac) (Entered: 08/09/2002)

Aug. 5, 2002

Aug. 5, 2002

23

DECLARATION of Sarah Kerr by Disability Advocates in support Re: [21−1] motion for an order, purs. to FRCP 26(c), for a protective order, to preseve the privacy and confidentiality of the prisoners with mental illness described in the Complaint. (sac) (Entered: 08/09/2002)

Aug. 5, 2002

Aug. 5, 2002

24

ORDER granting plaintiff's [21−1] protective order motion to the extent reflected in the Court's Protective Order dated 8/15/02. ( signed by Judge Gerard E. Lynch ); Copies mailed. (dle) (Entered: 08/19/2002)

Aug. 8, 2002

Aug. 8, 2002

26

CERTIFICATE OF IDENTIFICATION filed by Disability Advocates (sac) (Entered: 08/19/2002)

Aug. 14, 2002

Aug. 14, 2002

25

ORDER, regarding the procedures to be followed that shall govern the handling of the identity of inmates . ( signed by Judge Gerard E. Lynch ); Copies mailed. (dle) (Entered: 08/19/2002)

Aug. 16, 2002

Aug. 16, 2002

27

ORDER that the plaintiff's [21−1] motion for a protective order is granted to the extent reflected in the Court's Protective Order dated August 15, 2002 . ( signed by Judge Gerard E. Lynch ); Copies mailed. (dle) (Entered: 08/20/2002)

Aug. 16, 2002

Aug. 16, 2002

28

Case Management Plan: after consultation with counsel for all parties, the following case management plan is adopted: all discovery is to be completed by 10/15/03; first request for production of documents, if any, to be served by 10/15/02; interrogatories pursuant to local rule 33.3(a) of the Civil Rules of the S.D.N.Y. to be served by 3/3/03; depositions to be completed by 9/30/03; experts, if any, are to be designated by 5/30/03; experts' reports exchanged no later than 7/30/03; requests to admit, if any, are to be served no later than 10/30/03; dispositive motions are to be served and filed by 11/15/03; answering papers are to be served and filed by 12/15/03; reply papers are to be served and filed by 1/10/04; next case management conference 5/2/03 at 10:30a.m. ( signed by Judge Gerard E. Lynch ); (dle) (Entered: 10/07/2002)

Oct. 2, 2002

Oct. 2, 2002

Deadline(s) updated: scheduling order deadlines: Response to motion deadline 12/15/03 ; Reply to response to motion deadline 1/10/04 ; . (kkc) (Entered: 10/08/2002)

Oct. 2, 2002

Oct. 2, 2002

30

NOTICE of Address Change by Disability Advocates . (sac) (Entered: 11/20/2002)

Nov. 18, 2002

Nov. 18, 2002

31

NOTICE OF MOTION by Disability Advocates for a protective order under FRCP 26(c) governing the production and use of confidential information in this litigation . Return Date 3/6/03. (laq) (Entered: 02/27/2003)

Feb. 26, 2003

Feb. 26, 2003

32

MEMORANDUM OF LAW by Disability Advocates in support of [31−1] motion for a protective order under FRCP 26(c) governing the production and use of confidential information in this litigation . (laq) (Entered: 02/27/2003)

Feb. 26, 2003

Feb. 26, 2003

33

DECLARATION of Matthew S. Warren by Disability Advocates in support Re: [31−1] motion for a protective order under FRCP 26(c) governing the production and use of confidential information in this litigation . (laq) (Entered: 02/27/2003)

Feb. 26, 2003

Feb. 26, 2003

34

Transcript of record of proceedings before Judge Gerard E. Lynch for the date(s) of January 31, 2003. (dt) (Entered: 03/04/2003)

March 4, 2003

March 4, 2003

35

NOTICE OF CROSS−MOTION by NYS Office of Mental, James L. Stone, Jurgen Karker, Scott Clair, Michelle Petrino, Wayne Crosier, Kathy Cavanaugh, Michael Hill, John Dunn, Peter Russell, Al Shimkunas, Thomas Ryan, David Boyd, Loretta Klein, Anthony Devito, NYS Dept. of Corr., Glenn S. Goord, Victor Herbert, John Burge, Elaine Lord, Daniel Senkowski, Gary Fillion, Frank Tracy, David Miller, Floyd G. Bennett Jr., Thomas Poole, George Duncan, Charles Griener, Leonard Portuondo, Brian Fischer, Michael P. McGinnis, James Walsh, Thomas Ricks, Edward Donnelly for protective order pursuant to Rule 26(c), governing the production and use of confidential information in this litigation . Declaration of Leonard Cohen in support of motion attached. Return Date 3/11/03. (db) Modified on 03/10/2003 (Entered: 03/10/2003)

March 7, 2003

March 7, 2003

36

MEMORANDUM OF LAW by NYS Office of Mental, James L. Stone, Jurgen Karker, Scott Clair, Michelle Petrino, Wayne Crosier, Kathy Cavanaugh, Michael Hill, John Dunn, Peter Russell, Al Shimkunas, Thomas Ryan, David Boyd, Loretta Klein, Anthony Devito, NYS Dept. of Corr., Glenn S. Goord, Victor Herbert, John Burge, Elaine Lord, Daniel Senkowski, Gary Fillion, Frank Tracy, David Miller, Floyd G. Bennett Jr., Thomas Poole, George Duncan, Charles Griener, Leonard Portuondo, Brian Fischer, Michael P. McGinnis, James Walsh, Thomas Ricks, Edward Donnelly in support of [35−1] cross motion for protective order pursuant to Rule 26(c), governing the production and use of confidential information in this litigation . (db) (Entered: 03/10/2003)

March 7, 2003

March 7, 2003

37

REPLY MEMORANDUM by Disability Advocates in support re: [31−1] motion for a protective order under FRCP 26(c) governing the production and use of confidential information in this litigation . (laq) (Entered: 03/11/2003)

March 10, 2003

March 10, 2003

38

DECLARATION of Nina Loewenstein by Disability Advocates in support Re: [31−1] motion for a protective order under FRCP 26(c) governing the production and use of confidential information in this litigation . (laq) (Entered: 03/11/2003)

March 10, 2003

March 10, 2003

39

REPLY DECLARATION OF SARAK KERR by Disability Advocates Re: [31−1] motion for a protective order under FRCP 26(c) governing the production and use of confidential information

March 10, 2003

March 10, 2003

41

ORDER, the order authorizes the disclosure for plntf's inspection of inmate mental health records, as may be agred between the parties and solely for the purposes of the above−referenced tours ; to the extent that any such mental health records include "Confidential HIV related information", this Order authorizes the disclosure of such documetns for the same limited purpose of the scheduled tours, as further set forth in this document ( signed by Judge Gerard E. Lynch ); (cd) (Entered: 03/13/2003)

March 11, 2003

March 11, 2003

42

MEMORANDUM OF LAW by Disability Advocates in opposition to [35−1] cross motion for protective order pursuant to Rule 26(c), governing the production and use of confidential information in this litigation . (laq) (Entered: 03/13/2003)

March 12, 2003

March 12, 2003

43

REPLY MEMORANDUM by NYS Office of Mental, James L. Stone, Jurgen Karker, Scott Clair, Michelle Petrino, Wayne Crosier, Kathy Cavanaugh, Michael Hill, John Dunn, Peter Russell, Al Shimkunas, Thomas Ryan, David Boyd, Loretta Klein, Anthony Devito, NYS Dept. of Corr., Glenn S. Goord, Victor Herbert, John Burge, Elaine Lord, Daniel Senkowski, Gary Fillion, Frank Tracy, David Miller, Floyd G. Bennett Jr., Thomas Poole, George Duncan, Charles Griener, Leonard Portuondo, Brian Fischer, Michael P. McGinnis, James Walsh, Thomas Ricks, Edward Donnelly in support of [35−1] cross motion for protective order pursuant to Rule 26(c), governing the production and use of confidential information in this litigation. (sb) (Entered: 03/17/2003)

March 14, 2003

March 14, 2003

44

REPLY DECLARATION of Leonard A. Cohen by NYS Office of Mental, James L. Stone, Jurgen Karker, Scott Clair, Michelle Petrino, Wayne Crosier, Kathy Cavanaugh, Michael Hill, John Dunn, Peter Russell, Al Shimkunas, Thomas Ryan, David Boyd, Loretta Klein, Anthony Devito, NYS Dept. of Corr., Glenn S. Goord, Victor Herbert, John Burge, Elaine Lord, Daniel Senkowski, Gary Fillion, Frank Tracy, David Miller, Floyd G. Bennett Jr., Thomas Poole, George Duncan, Charles Griener, Leonard Portuondo, Brian Fischer, Michael P. McGinnis, James Walsh, Thomas Ricks, Edward Donnelly in support of [35−1] cross motion for protective order pursuant to Rule 26(c), governing the production and use of confidential information in this litigation. (sb) (Entered: 03/17/2003)

March 14, 2003

March 14, 2003

45

NOTICE of Supplemental Authority by Disability Advocates. (sb) (Entered: 04/02/2003)

April 1, 2003

April 1, 2003

46

SECOND DECLARATION of Matthew S. Warren by Disability Advocates in support of [45−1] notice of supplemental authority. (sb) (Entered: 04/02/2003)

April 1, 2003

April 1, 2003

47

PROTECTIVE ORDER, regarding procedures to be followed that shall govern the handling of the confidential materials as set forth in this order . ( signed by Judge Gerard E. Lynch ); (dle) Modified on 04/15/2003 (Entered: 04/15/2003)

April 14, 2003

April 14, 2003

48

ORDER, granting [35−1] cross motion for protective order pursuant to Rule 26(c), governing the production and use of confidential information in this litigation; granting [31−1] motion for a protective order under FRCP 26(c) governing the production and use of confidential information in this litigation; the Clerk of the Court is respectfully directed to docket the attached protective order . ( signed by Judge Gerard E. Lynch ); (ae) (Entered: 04/15/2003)

April 14, 2003

April 14, 2003

50

ORDER, that DAI's reques tfor disclosure of the documents designated by numbers two through seven on defts' privilege log is denied, and the claim of privilege as to those documents, and as to the 9/1/99 letter from Comm. Goord to Comm. Stone, is sustained...Copies of the documents reviewed in camera, designated as numbers one through eight of defts' privilege log, shall be maintained under seal to facilitate any appellate review that may become necessary. (Signed by Judge Gerard E. Lynch on 1/27/03) (cd, ) (Entered: 02/05/2004)

Jan. 30, 2004

Jan. 30, 2004

51

SCHEDULING ORDER: First request for production of documents served by 10/15/2004; discovery to be completed by 11/1/2004; Interrogatires to be served bt 3/3/2003;experts to be desgnated by 8/16/2004 and experts reports no later than 9/15/2004.Deposition due by 11/1/2004. Request to admit to be served by 8/31/2004. Next case management conference 7/23/2004 at 11:00am. (Signed by Judge Gerard E. Lynch on 2/7/2004) (jsa, ) (Entered: 02/20/2004)

Feb. 17, 2004

Feb. 17, 2004

Set Deadlines/Hearings: Case Management Conference set for 7/23/2004 11:00 AM before Judge Gerard E. Lynch. (jsa, ) (Entered: 02/20/2004)

Feb. 17, 2004

Feb. 17, 2004

52

CASE MANAGEMENT PLAN: Discovery due by 3/4/2005. Case Management Conference set for 7/23/2004 11:00 AM before Judge Gerard E. Lynch. See Document for further Scheduling Deadline. (Signed by Judge Gerard E. Lynch on 6/23/04) (sac, ) (Entered: 07/01/2004)

June 30, 2004

June 30, 2004

53

CASE MANAGEMENT PLAN: The case is to be tried by a jury. All Discovery due by 7/1/2005, further discovery extensions will be strongly disfavored. Case Management Conference set for 11/19/2004 03:30 PM before Judge Gerard E. Lynch. Deposition of fact witnesses due 2/28/04. (Signed by Judge Gerard E. Lynch on 10/13/04) (db, ) (Entered: 10/20/2004)

Oct. 14, 2004

Oct. 14, 2004

54

MOTION for Protective Order under Fed.R.Civ.P. 26(c). Document filed by Disability Advocates, Inc. (rw, ) (Entered: 10/25/2004)

Oct. 22, 2004

Oct. 22, 2004

55

MEMORANDUM OF LAW in Support re: 54 MOTION for Protective Order under to Fed. R. Civ. P. 26(c). Document filed by Disability Advocates, Inc. (rw, ) Modified on 10/25/2004 (rw, ). (Entered: 10/25/2004)

Oct. 22, 2004

Oct. 22, 2004

56

DECLARATION of CLIFF ZUCKER in Support re: 54 MOTION for Protective Order under F. R. Civ. P. 26(c). Document filed by Disability Advocates, Inc. (rw, ) (Entered: 10/25/2004)

Oct. 22, 2004

Oct. 22, 2004

57

DECLARATION of NINA LOEWENSTEIN in Support re: 54 MOTION for Protective Order under F. R. Civ. P. 26(c). Document filed by Disability Advocates, Inc. (rw, ) (Entered: 10/25/2004)

Oct. 22, 2004

Oct. 22, 2004

58

MEMORANDUM OF LAW in Opposition re: 54 MOTION for Protective Order.. Document filed by Floyd G. Bennett Jr., David Boyd, John Burge, Kathy Cavanaugh, Scott Clair, Wayne Crosier, Anthony Devito, Edward Donnelly, George Duncan, John Dunn, Gary Fillion, Brian Fischer, Glenn S. Goord, Charles Griener, Victor Herbert, Michael Hill, Jurgen Karker, Loretta Klein, Elaine Lord, Michael P. McGinnis, David Miller, New York State Department of Correctional Services, New York State Office of Mental Health, Michelle Petrino, Thomas Poole, Leonard Portuondo, Thomas Ricks, Peter Russell, Thomas Ryan, Daniel Senkowski, Al Shimkunas, James L. Stone, Frank Tracy, James Walsh. (djc, ) (Entered: 11/03/2004)

Oct. 29, 2004

Oct. 29, 2004

59

REPLY MEMORANDUM OF LAW in Support re: 54 MOTION for Protective Order.. Document filed by Disability Advocates, Inc.. (pa, ) (Entered: 11/09/2004)

Nov. 8, 2004

Nov. 8, 2004

60

ORDER granting 54 Motion for Protective Order . (Signed by Judge Gerard E. Lynch on 12/13/04) (cd, ) (Entered: 12/16/2004)

Dec. 14, 2004

Dec. 14, 2004

61

ORDER, the Clerk is directed to file the correspondence, submitted by plaintiff for ex parte review in connection with plaintiff's motion for protective order, under seal. (Signed by Judge Gerard E. Lynch on 12/13/04) (djc, ) Modified on 12/28/2004 (kg, ). (Entered: 12/27/2004)

Dec. 21, 2004

Dec. 21, 2004

63

TRANSCRIPT of proceedings held on 11/19/04 before Judge Gerard E. Lynch. (es, ) (Entered: 01/06/2005)

Jan. 6, 2005

Jan. 6, 2005

64

ORDER; that an Assistant Attorney General may take the deposition of Ram Lall before a notary public, or some other officer authorized to administer oaths by the laws of the United States or the State of New York, at any New Yrok StateCorrectional Facility, upon notice to the pltff and Superintendent of the correctional facility. (Signed by Judge Gerard E. Lynch on 2/4/2005) (jp, ) (Entered: 02/25/2005)

Feb. 24, 2005

Feb. 24, 2005

65

ORDER ; that an Assistant Attorney General may take the deposition of Rene Lewis before a notary public, or some other officer authorized to administer oaths by the laws of the United States or the State of New York, at any New Yrok StateCorrectional Facility, upon notice to the pltff and Superintendent of the correctional facility. (Signed by Judge Gerard E. Lynch on 2/4/2005) (jp, ) (Entered: 02/25/2005)

Feb. 24, 2005

Feb. 24, 2005

66

ORDER ; that an Assistant Attorney General may take the deposition of Easton Beckford before a notary public, or some other officer authorized to administer oaths by the laws of the United States or the State of New York, at any New Yrok StateCorrectional Facility, upon notice to the pltff and Superintendent of the correctional facility. (Signed by Judge Gerard E. Lynch on 2/4/2005) (jp, ) (Entered: 02/25/2005)

Feb. 24, 2005

Feb. 24, 2005

67

ORDER ; that an Assistant Attorney General may take the deposition of John Brown before a notary public, or some other officer authorized to administer oaths by the laws of the United States or the State of New York, at any New Yrok StateCorrectional Facility, upon notice to the pltff and Superintendent of the correctional facility. (Signed by Judge Gerard E. Lynch on 2/4/2005) (jp, ) (Entered: 02/25/2005)

Feb. 24, 2005

Feb. 24, 2005

68

ORDER; that an Assistant Attorney General may take the deposition of Jerry Exhume before a notary public, or some other officer authorized to administer oaths by the laws of the United States or the State of New York, at any New Yrok StateCorrectional Facility, upon notice to the pltff and Superintendent of the correctional facility. (Signed by Judge Gerard E. Lynch on 2/4/2005) (jp, ) (Entered: 02/25/2005)

Feb. 24, 2005

Feb. 24, 2005

69

ORDER ; that an Assistant Attorney General may take the deposition of Hamilcar Barca before a notary public, or some other officer authorized to administer oaths by the laws of the United States or the State of New York, at any New Yrok StateCorrectional Facility, upon notice to the pltff and Superintendent of the correctional facility. (Signed by Judge

Feb. 24, 2005

Feb. 24, 2005

71

ORDER ; that an Assistant Attorney General may take the deposition of Takarla Carroll before a notary public, or some other officer authorized to administer oaths by the laws of the United States or the State of New York, at any New Yrok StateCorrectional Facility, upon notice to the pltff and Superintendent of the correctional facility. (Signed by Judge Gerard E. Lynch on 2/4/2005) (jp, ) (Entered: 02/25/2005)

Feb. 24, 2005

Feb. 24, 2005

72

ORDER ; that an Assistant Attorney General may take the deposition of Alan Cata before a notary public, or some other officer authorized to administer oaths by the laws of the United States or the State of New York, at any New Yrok StateCorrectional Facility, upon notice to the pltff and Superintendent of the correctional facility. (Signed by Judge Gerard E. Lynch on 2/4/2005) (jp, ) (Entered: 02/25/2005)

Feb. 24, 2005

Feb. 24, 2005

73

ORDER ; that an Assistant Attorney General may take the deposition of Jimmy Gonzalez before a notary public, or some other officer authorized to administer oaths by the laws of the United States or the State of New York, at any New Yrok StateCorrectional Facility, upon notice to the pltff and Superintendent of the correctional facility. (Signed by Judge Gerard E. Lynch on 2/4/2005) (jp, ) (Entered: 02/25/2005)

Feb. 24, 2005

Feb. 24, 2005

74

ORDER ; that an Assistant Attorney General may take the deposition of Maria Rosado before a notary public, or some other officer authorized to administer oaths by the laws of the United States or the State of New York, at any New Yrok StateCorrectional Facility, upon notice to the pltff and Superintendent of the correctional facility. (Signed by Judge Gerard E. Lynch on 2/4/2005) (jp, ) (Entered: 02/25/2005)

Feb. 24, 2005

Feb. 24, 2005

75

ORDER ; that an Assistant Attorney General may take the deposition of Guillaume Nijman before a notary public, or some other officer authorized to administer oaths by the laws of the United States or the State of New York, at any New Yrok StateCorrectional Facility, upon notice to the pltff and Superintendent of the correctional facility. (Signed by Judge Gerard E. Lynch on 2/4/2005) (jp, ) (Entered: 02/25/2005)

Feb. 24, 2005

Feb. 24, 2005

76

ORDER ; that an Assistant Attorney General may take the deposition of Robert Hodges before a notary public, or some other officer authorized to administer oaths by the laws of the United States or the State of New York, at any New Yrok StateCorrectional Facility, upon notice to the pltff and Superintendent of the correctional facility. (Signed by Judge Gerard E. Lynch on 2/4/2005) (jp, ) (Entered: 02/25/2005)

Feb. 24, 2005

Feb. 24, 2005

77

ORDER ; that an Assistant Attorney General may take the deposition of Nathaniel Pearson before a notary public, or some other officer authorized to administer oaths by the laws of the United States or the State of New York, at any New Yrok StateCorrectional Facility, upon notice to the pltff and Superintendent of the correctional facility. (Signed by Judge Gerard E. Lynch on 2/4/2005) (jp, ) (Entered: 02/25/2005)

Feb. 24, 2005

Feb. 24, 2005

Set/Reset Hearings: Pretrial Conference set for 7/29/2005 11:00 AM before Judge Gerard E. Lynch. (jsa, ) (Entered: 05/18/2005)

May 17, 2005

May 17, 2005

79

ENDORSED LETTER addressed to Judge Gerard E. Lynch from Kimberly Ann Dasse dated 7/12/05 re: granting the parties request for permission to take Mr Lewis's deposition on 8/2/05. (Signed by Judge Gerard E. Lynch on 7/25/05) (pl, ) (Entered: 08/10/2005)

Aug. 8, 2005

Aug. 8, 2005

80

ORDER;pretrial breifs are to be submitted to the Court by 12/16/05, they may attach exhibits to the brief, the brief is not exceed 30 pages in length. The parties are to appear for a pretrial conference on 1/6/2006 at 3:00 PM. (Signed by Judge Gerard E. Lynch on 10/18/05) (kco, ) (Entered: 10/25/2005)

Oct. 24, 2005

Oct. 24, 2005

Set Deadlines/Hearings: Brief due by 12/16/2005. Pretrial Conference set for 1/6/2006 03:00 PM before Judge Gerard E. Lynch. (kco, ) (Entered: 10/25/2005)

Oct. 24, 2005

Oct. 24, 2005

81

PRETRIAL MEMORANDUM. Document filed by John Dunn, Peter Russell, Al Shimkunas, Thomas Ryan, David Boyd, Loretta Klein, Anthony Devito, New York State Department of Correctional Services, Glenn S. Goord, Victor Herbert, John Burge, Elaine Lord, Daniel Senkowski, Gary Fillion, Frank Tracy, David Miller, Floyd G. Bennett, Jr, Thomas Poole, George Duncan, Charles Griener, New York State Office of Mental Health, Leonard Portuondo, Brian Fischer, Michael P. McGinnis, James Walsh, Thomas Ricks, Edward Donnelly, James L. Stone, Jurgen Karker, Scott Clair, Michelle Petrino, Wayne Crosier, Kathy Cavanaugh, Michael Hill.(dle, ) (Entered: 12/19/2005)

Dec. 16, 2005

Dec. 16, 2005

82

ENDORSED LETTER addressed to Judge Gerard E. Lynch from John E. Kundsen dated 2/17/2006 re: to request that any inmate witnesses offered by plaintiff testify on dircet examination in person rather than by affidavit, pursuant to section 3(C)(I) of the Court's individual parctices.ENDORSEMENT: Denied. The issues raised can adquately be addressed by live cross−examination. (Signed by Judge Gerard E. Lynch on 2/21/2006) (jmi, ) (Entered: 02/27/2006)

Feb. 24, 2006

Feb. 24, 2006

83

MOTION in Limine. Document filed by John Dunn, Peter Russell, Al Shimkunas, Thomas Ryan, David Boyd, Loretta Klein, Anthony Devito, New York State Department of Correctional Services, Glenn S. Goord, Victor Herbert, John Burge, Elaine Lord, Daniel Senkowski, Gary Fillion, Frank Tracy, David Miller, Floyd G. Bennett, Jr, Thomas Poole, George Duncan, Charles Griener, New York State Office of Mental Health, Leonard Portuondo, Brian Fischer, Michael P. McGinnis, James Walsh, Thomas Ricks, Edward Donnelly, James L. Stone, Jurgen Karker, Scott Clair, Michelle Petrino, Wayne Crosier, Kathy Cavanaugh, Michael Hill. Return Date set for 4/3/2006 10:00 AM. (jmi, ) (Entered: 03/08/2006)

March 8, 2006

March 8, 2006

84

MEMORANDUM OF LAW in Support re: 83 MOTION in Limine.. Document filed by John Dunn, Peter Russell, Al Shimkunas, Thomas Ryan, David Boyd, Loretta Klein, Anthony Devito, New York State Department of Correctional Services, Glenn S. Goord, Victor Herbert, John Burge, Elaine Lord, Daniel Senkowski, Gary Fillion, Frank Tracy, David Miller, Floyd G. Bennett, Jr, Thomas Poole, George Duncan, Charles Griener, New York State Office of Mental Health, Leonard Portuondo, Brian Fischer, Michael P. McGinnis, James Walsh, Thomas Ricks, Edward Donnelly, James L. Stone, Jurgen Karker, Scott Clair, Michelle Petrino, Wayne Crosier, Kathy Cavanaugh, Michael Hill. (jmi, ) (Entered: 03/08/2006)

March 8, 2006

March 8, 2006

85

Objections and Cross−Designations as to Plaintiff's Deposition Designations. Document filed by John Dunn, Peter Russell, Al Shimkunas, Thomas Ryan, David Boyd, Loretta Klein, Anthony Devito, New York State Department of Correctional Services, Glenn S. Goord, Victor Herbert, John Burge, Elaine Lord, Daniel Senkowski, Gary Fillion, Frank Tracy, David Miller, Floyd G. Bennett, Jr, Thomas Poole, George Duncan, Charles Griener, New York State Office of Mental Health, Leonard Portuondo, Brian Fischer, Michael P. McGinnis, James Walsh, Thomas Ricks, Edward Donnelly, James L. Stone, Jurgen Karker, Scott Clair, Michelle Petrino, Wayne Crosier, Kathy Cavanaugh, Michael Hill. (djc, ) (Entered: 03/21/2006)

March 20, 2006

March 20, 2006

86

Defendants' Marked Copy of Plaintiff's Exhibit List. (document filed by Defendants) (djc, ) (Entered: 03/21/2006)

March 20, 2006

March 20, 2006

87

DEFENDANTS' PROPOSED FINDINGS OF FACT AND CONCLUSIONS OF LAW. (djc, ) (Entered: 03/21/2006)

March 20, 2006

March 20, 2006

88

TRANSCRIPT of proceedings held on 3/29/2006 before Judge Gerard E. Lynch. (jar, ) (Entered: 04/20/2006)

April 20, 2006

April 20, 2006

89

TRANSCRIPT of proceedings held on 4/12/06 before Judge Gerard E. Lynch. (mo, ) (Entered: 04/28/2006)

April 28, 2006

April 28, 2006

90

TRANSCRIPT of proceedings held on 4/3/06,4/4/06,4/5/06,4/6/06 before Judge Gerard E. Lynch. (mo, ) (Entered: 04/28/2006)

April 28, 2006

April 28, 2006

91

TRANSCRIPT of proceedings held on 5/19/06 before Judge Gerard E. Lynch. (mo, ) (Entered: 06/05/2006)

June 5, 2006

June 5, 2006

92

ORDER: The parties shall appear before the Court for a status conference on 11/17/2006 at 10:30 a.m. Unless the action has been settled, the parties shall appear for trial on 1/29/2007. (Signed by Judge Gerard E. Lynch on 9/11/2006) (lb, ) (Entered: 09/19/2006)

Sept. 18, 2006

Sept. 18, 2006

Set/Reset Hearings: Status Conference set for 11/17/2006 at 10:30 AM before Judge Gerard E. Lynch. (lb, ) (Entered: 09/19/2006)

Sept. 18, 2006

Sept. 18, 2006

93

ORDER: It has come to the Court's attention that the defendants' motion in limine (docket entry #83) is listed by the Clerk as an open motion for statistical purposes. That motion having been denied in part and granted in part in open Court, at a pretrial conference on March 29, 2006, the Clerk is respectfully directed to close the motion. (Signed by Judge Gerard E. Lynch on 11/13/06) (js, ) (Entered: 11/17/2006)

Nov. 16, 2006

Nov. 16, 2006

94

PRIVATE SETTLEMENT AGREEMENT, regarding Commitment by DOCS and OMH to Heightened Level of Care; Definition of Serious Mental Illness, and as further set forth in this document. (Signed by Judge Gerard E. Lynch on 4/27/07) (cd). (Entered: 05/01/2007)

April 30, 2007

April 30, 2007

95

TRANSCRIPT of proceedings held on April 27, 2007 before Judge Gerard E. Lynch. (jpo) (Entered: 05/17/2007)

May 17, 2007

May 17, 2007

96

ORDER: On August 2, 2007, the Court received a communication from Annette Vogelsang, a prisoner in a New York State corrections facility, styled a "motion for order of contempt of court," and an accompanying affidavit, alleging certain mistreatment and contending that the New York State Office of Mental Health and Department of Correctional Services are in violation of the Court's order settling the above−captioned litigation. The motion will be denied. (Signed by Judge Gerard E. Lynch on 8/3/07) (tro) (Entered: 08/16/2007)

Aug. 15, 2007

Aug. 15, 2007

97

AFFIDAVIT of Annette Vogelberg in Support motion for an order finding Bedford Hills officials in contempt of court order. (cd) (Entered: 10/11/2007)

Oct. 5, 2007

Oct. 5, 2007

Case Details

State / Territory: New York

Case Type(s):

Prison Conditions

Special Collection(s):

Solitary confinement

Multi-LexSum (in sample)

Key Dates

Filing Date: May 28, 2002

Closing Date: 2007

Case Ongoing: Perhaps, but long-dormant

Plaintiffs

Plaintiff Description:

A New York protection and advocacy agency suing on behalf of prisoners with mental illness in New York State

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

Prisoners' Legal Services of New York (PLSNY)

Legal Services/Legal Aid

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

New York State Office of Mental Health, State

New York State Dept. of Correctional Services, State

Defendant Type(s):

Corrections

Jurisdiction-wide

Case Details

Causes of Action:

42 U.S.C. § 1983

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

Section 504 (Rehabilitation Act), 29 U.S.C. § 701

Constitutional Clause(s):

Cruel and Unusual Punishment

Due Process

Equal Protection

Availably Documents:

Trial Court Docket

Complaint (any)

Injunctive (or Injunctive-like) Relief

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Order Duration: 2007 - None

Issues

General:

Conditions of confinement

Disciplinary procedures

Disciplinary segregation

Solitary confinement/Supermax (conditions or process)

Affected Gender:

Female

Male

Mental Disability:

Mental Illness, Unspecified

Medical/Mental Health:

Mental health care, general

Self-injurious behaviors

Type of Facility:

Government-run