Case: Sheppard v. Phoenix

1:91-cv-04148 | U.S. District Court for the Southern District of New York

Filed Date: June 18, 1991

Closed Date: 2002

Clearinghouse coding complete

Case Summary

On June 18, 1991, an inmate at the Rikers Island Correctional Facility (RICF) in New York filed a pro se lawsuit under 42 U.S.C. § 1983 against the Warden of RICF in the U.S. District Court for the Southern District of New York. The plaintiff, who was later represented by the Legal Aid Society Prisoners' Rights Project of New York, asked the court for declaratory and injunctive relief, as well as damages, alleging that his constitutional rights had been violated when correctional officers beat…

On June 18, 1991, an inmate at the Rikers Island Correctional Facility (RICF) in New York filed a pro se lawsuit under 42 U.S.C. § 1983 against the Warden of RICF in the U.S. District Court for the Southern District of New York. The plaintiff, who was later represented by the Legal Aid Society Prisoners' Rights Project of New York, asked the court for declaratory and injunctive relief, as well as damages, alleging that his constitutional rights had been violated when correctional officers beat him unconscious while he was in the facility's Central Punitive Segregation Unit (CPSU).

On February 18, 1993, the plaintiff's complaint was amended, naming additional corrections officers as defendants and additional inmates as plaintiffs. A plaintiff class was then certified in the case, and the class alleged a pattern of brutality and the use of gratuitous and excessive physical violence by corrections officers and supervisory personnel. The class was certified in May 1993.

In March 1996, the City of New York moved the CPSU to a newer facility, called the Otis Bantum Correctional Center, where they installed video cameras and made other renovations. The City also declined to represent or indemnify many of the named individual correction officers and supervisory personnel that were defendants in the lawsuit. In April 1996, the City of New York and each of the named plaintiffs agreed to monetary amounts in full settlement of all claims for damages, and plaintiffs' counsel waived any claims for attorneys fees and costs. There then followed factual discovery relating to the nature of injunctive relief to be sought from the Court on behalf of members of the class.

On May 26, 1998, the parties entered into a 48-page Stipulation of Settlement (the "Stipulation") and on June 9, 1998, this Court ordered that the notice to the class of the proposed settlement be provided in English and Spanish to the plaintiff class. The Court approved the settlement on July 10, 1998. Two groups of correctional officers sought to intervene, to object to the settlement, but the Court rejected that effort on July 16, 1998. 1998 WL 397846.

The agreement dealt with use of force, staff training procedures, mental health services, inmate management, creation of an operating manual for the CPSU, use of chemical agents, staff placement, record keeping, investigation procedures, disciplinary procedures, and video coverage of inmate areas.

The parties continued to file status reports with the court until July 2002, when the parties stipulated to the court that all issues had been resolved. On July 18, 2002, the district court (Judge Patterson) thanked all parties for their cooperation and issued a final dismissal of the case. 210 F.Supp.2d 450

Summary Authors

Kristen Sagar (10/31/2006)

People


Judge(s)

Patterson, Robert Porter Jr. (New York)

Attorneys(s) for Plaintiff

Chasan, Jonathan S. (New York)

Greenberg, Daniel L. (New York)

Kerr, Sarah (New York)

Weinstein, Philip L. (New York)

Wilker, Dale A. (New York)

Attorneys(s) for Defendant

Calhoun, Martha Anne (New York)

DOrazio, Vincent (New York)

Goldsmith, Bonnie (New York)

Hess, Michael D. (New York)

Judge(s)

Patterson, Robert Porter Jr. (New York)

Attorneys(s) for Plaintiff

Chasan, Jonathan S. (New York)

Greenberg, Daniel L. (New York)

Kerr, Sarah (New York)

Weinstein, Philip L. (New York)

Wilker, Dale A. (New York)

Attorneys(s) for Defendant

Calhoun, Martha Anne (New York)

DOrazio, Vincent (New York)

Goldsmith, Bonnie (New York)

Hess, Michael D. (New York)

Persky, Eileen Helen (New York)

Pines, Jonathan (New York)

Schwager, Pamela H. (New York)

Sherwood, O. Peter (New York)

Other Attorney(s)

Garber, Mitchell S. (New York)

Documents in the Clearinghouse

Document

1:91-cv-04148

Docket (PACER)

Sept. 3, 2002

Sept. 3, 2002

Docket

1:91-cv-04148

Declaration

Sheppard v. Phoenix, et. al.

June 26, 1998

June 26, 1998

Pleading / Motion / Brief
121

1:91-cv-04148

Order Approving Stipulation of Settlement and Entry as Judgment

July 10, 1998

July 10, 1998

Order/Opinion
122

1:91-cv-04148

Stipulation of Settlement

July 10, 1998

July 10, 1998

Order/Opinion
124

1:91-cv-04148

Opinion and Order

Sheppard v. Phoenix, et. al.

1998 WL 397846, 1998 U.S.Dist.LEXIS 10576

July 16, 1998

July 16, 1998

Order/Opinion
171

1:91-cv-04148

Opinion and Order

210 F.Supp.2d 450

July 18, 2002

July 18, 2002

Order/Opinion

Resources

Docket

Last updated Aug. 9, 2022, 3:15 a.m.

ECF Number Description Date Link Date / Link
1

Order endorsed on declaration and support of request to proceed in forma pauperis, granted ; ( signed by Judge Charles L. Brieant ) (la) (Entered: 06/25/1991)

June 18, 1991

June 18, 1991

2

COMPLAINT filed; Summons issued and Notice pursuant to 28 U.S.C. 636(c); (la) (Entered: 06/25/1991)

June 18, 1991

June 18, 1991

3

RETURN OF SERVICE executed as to Andrew Phoenix by personally on 11/5/91 Answer due on 11/25/91 for Andrew Phoenix (la) (Entered: 12/19/1991)

Dec. 18, 1991

Dec. 18, 1991

3

Return of service unexecuted as to Anthanassion #10006 by mail on 12/10/91 (la) (Entered: 12/19/1991)

Dec. 18, 1991

Dec. 18, 1991

4

Addendum filed by pltff in support of the complt (la) (Entered: 01/16/1992)

Jan. 14, 1992

Jan. 14, 1992

5

Filed Memo_Endorsement on letter dated 12/23/91, reset answer due for 2/10/92 for Anthanassion #10006, for Andrew Phoenix ( signed by Judge Pierre N. Leval ) (la) (Entered: 01/23/1992)

Jan. 22, 1992

Jan. 22, 1992

6

NOTICE OF MOTION by Andrew Phoenix to dismiss cmplt against Andrew Phoenix on the grounds that pltff has made no allegations against deft. W/attchd. AFFDVT of Janet Gallagher , Return date 3/20/92 (mk) (Entered: 02/11/1992)

Feb. 11, 1992

Feb. 11, 1992

7

MEMORANDUM by Andrew Phoenix in support of [6-1] motion to dismiss cmplt against Andrew Phoenix on the grounds that pltff has made no allegations against deft. (mk) (Entered: 02/11/1992)

Feb. 11, 1992

Feb. 11, 1992

8

Objection(s) to defts motion to dismiss by Ahmed G. Sheppard (la) (Entered: 03/03/1992)

Feb. 28, 1992

Feb. 28, 1992

9

Memo endorsed on request to file interrogatoreies is not necessary ( signed by Judge Pierre N. Leval ); Copies mailed. (cd) (Entered: 04/09/1992)

April 1, 1992

April 1, 1992

10

Filed Memo_Endorsement on letter dated 4/6/92, extending time to 5/11/92 to respond to pltf interrogatories. ( signed by Judge Pierre N. Leval ) (cd) (Entered: 04/16/1992)

April 13, 1992

April 13, 1992

11

ORDER granting [6-1] motion to dismiss cmplt against Andrew Phoenix on the grounds that pltff has made no allegations against deft. ( signed by Judge Pierre N. Leval ); Copies mailed complaint not dismissed as to deft Anthanasssion. (cd) (Entered: 05/06/1992)

May 4, 1992

May 4, 1992

12

NOTICE OF MOTION by Ahmed G. Sheppard to amend complaint , Return date **/**/** (cd) (Entered: 06/01/1992)

May 28, 1992

May 28, 1992

13

Filed Memo_Endorsement on letter dated 5/20/92, plntf is directed to show cause within 20 days by submission in writing why the action should not be dismissed by reason og plntf failure to make service within 120 days... ( signed by Judge Pierre N. Leval ) (cd) (Entered: 06/01/1992)

May 29, 1992

May 29, 1992

14

response to order to show cause why action shoulod not be dismissed.. (cd) (Entered: 06/17/1992)

June 15, 1992

June 15, 1992

Memo endorsed on motion; granting [12-1] motion to amend complaint ( signed by Judge Pierre N. Leval ); Copies mailed. (cd) (Entered: 07/13/1992)

July 10, 1992

July 10, 1992

15

AMENDED COMPLAINT by Ahmed G. Sheppard , (Answer due 9/9/92 for Anthanassion #10006 ) amending [2-1] complaint against John H. Darivin; Summons issued. (Rcvd in the Unit on 9-4-92) (mk) (Entered: 09/04/1992)

Aug. 27, 1992

Aug. 27, 1992

16

STIPULATION and ORDER, that the complaint in this action may be amended and additional plaintiffs be joined ( signed by Judge Pierre N. Leval ). (copy of Proposed Amended Complaint attached). (jr) (Entered: 02/18/1993)

Feb. 18, 1993

Feb. 18, 1993

17

NOTICE of attorney appearance for Ahmed G. Sheppard by Jonathan S. Chasan of The Legal Aid Society (sc) (Entered: 02/19/1993)

Feb. 18, 1993

Feb. 18, 1993

18

SCHEDULING ORDER setting Discovery cutoff 12/31/93 ; Status conference by 2:30 10/8/93 ; Trial ready and documents deadline 3/1/94 ; ( signed by Judge Pierre N. Leval ) ; Copies mailed (jr) (Entered: 02/19/1993)

Feb. 18, 1993

Feb. 18, 1993

19

AMENDED COMPLAINT filed by Plaintiffs. JURY TRIAL DEMANDED. (Amends 2-1 Complaint). (jr) Modified on 03/10/1993 (Entered: 03/05/1993)

Feb. 18, 1993

Feb. 18, 1993

20

STIPULATION and ORDER, certifying class action ( signed by Judge Pierre N. Leval ). (jr) (Entered: 05/03/1993)

May 3, 1993

May 3, 1993

21

STIPULATION and ORDER, that defts will file and serve a responsive pleading and respond to Pltffs' First Set of Interrogatories and Request for Production of Documnts as follows: Defts' responses to Requests 1,2,6,7,8,9,14,15,22 and 30 shall be provided to pltffs' counsel no later than 6/2/93 etc. , Defts' responses to the remainder of the Request shall be provided to pltffs' counsel by 6/16/93 , The responsive pleading on behalf of defendants Phoenix, Bird, Kozak, Viera, Mitchell, Hopkins, Sielaff, Abate and the City of New York shall be filed and served by 5/21/93 etc. ( signed by Judge Pierre N. Leval ). (sc) (Entered: 05/20/1993)

May 20, 1993

May 20, 1993

22

ANSWER by Andrew Phoenix, James Bird, William Kozack, Jose Viera, Gerald Mitchell, Marron Hopkins, Allyn - Sielaff, Catherine Abate, The City of New York (Attorney Bonnie Goldsmith) to amended complaint ; Firm of: O. Peter Sherwood by attorney Bonnie Goldsmith for defendant The City of New York (jr) (Entered: 07/16/1993)

July 15, 1993

July 15, 1993

23

Order that case be referred to the Clerk of Court for assignment to a Magistrate Judge for General Pretrial/After Initial Case Management Conference held by District Judge ( signed by Judge Loretta A. Preska ) Referred to Magistrate Judge Barbara A. Lee (jr) (Entered: 08/20/1993)

Aug. 20, 1993

Aug. 20, 1993

24

STIPULATION and ORDER, for protective order ( signed by Judge Pierre N. Leval ). (jr) (Entered: 09/28/1993)

Sept. 23, 1993

Sept. 23, 1993

25

AMENDED SCHEDULING ORDER setting Discovery cutoff 12/31/94 ; Status conference by 2:30 5/20/94;Trial ready deadline 4/3/95; Trial documents will be filed by 3/31/95; ( signed by Judge Pierre N. Leval ) ; Copies mailed (jr) (Entered: 10/12/1993)

Oct. 8, 1993

Oct. 8, 1993

Pre-trial conference held (jr) (Entered: 10/12/1993)

Oct. 8, 1993

Oct. 8, 1993

26

ORDER, reset answer due for 11/8/93 for The City of New York, for Captain Jorgenson, for Captain Litchfield, for Captain Rivera, for Captain Bailey, for Captain Schollmayer, for Captain Bianchi, for Captain Deravin, for Captain Martinez, for John Does 1-50, for Officer Henry, for Officer Scaramuzzo, for Officer Arusano, for Officer Herrera, for Officer Coard, for Officer Cesario, for Officer Rose, for Officer Rosado, for Officer Hamilton, for Officer Evans, for Officer Boyce, for Officer Gumsudere, for Officer Coxson, for Officer Delgado, for Officer Kounas, for Officer Figueroa, for Officer Mickel, for Officer Hatcher, for Officer Froehlich, for Officer Rohr, for Officer Capurro, for Officer Williams, for Officer Gibbs, for Officer Sartor, for Officer Day, for Officer Zeiko, for Officer Matos, for Officer Davis, for Officer Mojica, for Officer Russell, for Officer Rosario, for Officer Ingram, for Catherine Abate, for Allyn - Sielaff, for Marron Hopkins, for Gerald Mitchell, for Jose Viera, for William Kozack, for James Bird, for John H. Darivin, for Andrew Phoenix, for Anthanassion #10006 , and the outstanding demanded documents shall be produced November 8, 1993 ( signed by Judge Pierre N. Leval ); Copies mailed (jr) (Entered: 10/12/1993)

Oct. 8, 1993

Oct. 8, 1993

29

Notice of reasgmnt _ to Judge Robert P. Patterson Copy of notice and judge's rules mailed to Attorney(s) of record: Jonathan S. Chasin . (rag) (Entered: 01/05/1994)

Dec. 10, 1993

Dec. 10, 1993

27

Filed Memo-Endorsement on letter from Eileen H. Persky to Judge Leval dated December 8, 1993, reset answer due for 2/2/94 for The City of New York, for Captain Jorgenson, for Captain Litchfield, for Captain Rivera, for Captain Bailey, for Captain Schollmayer, for Captain Bianchi, for Captain Deravin, for Captain Martinez, for John Does 1-50, for Officer Henry, for Officer Scaramuzzo, for Officer Arusano, for Officer Herrera, for Officer Coard, for Officer Cesario, for Officer Rose, for Officer Rosado, for Officer Hamilton, for Officer Evans, for Officer Boyce, for Officer Gumsudere, for Officer Coxson, for Officer Delgado, for Officer Kounas, for Officer Figueroa, for Officer Mickel, for Officer Hatcher, for Officer Froehlich, for Officer Rohr, for Officer Capurro, for Officer Williams, for Officer Gibbs, for Officer Sartor, for Officer Day, for Officer Zeiko, for Officer Matos, for Officer Davis, for Officer Mojica, for Officer Russell, for Officer Rosario, for Officer Ingram, for Catherine Abate, for Allyn - Sielaff, for Marron Hopkins, for Gerald Mitchell, for Jose Viera, for William Kozack, for James Bird, for John H. Darivin, for Andrew Phoenix, for Anthanassion #10006 ( signed by Judge Pierre N. Leval ) (jr) (Entered: 12/15/1993)

Dec. 14, 1993

Dec. 14, 1993

28

Case Management Plan in a Standard or Complex Case: Joining of parties, amending of pleadings on 2/18/94 Trial date set for 9:00 3/1/94 Pretrial order to be submitted on or before 2/13/94 Discovery cutoff 12/31/94 ( signed by Judge Robert P. Patterson ); Copies mailed. (gb) (Entered: 12/21/1993)

Dec. 20, 1993

Dec. 20, 1993

Text not available. (Entered: 02/22/1994)

Feb. 2, 1994

Feb. 2, 1994

Text not available. (Entered: 02/22/1994)

Feb. 2, 1994

Feb. 2, 1994

Text not available. (Entered: 02/22/1994)

Feb. 2, 1994

Feb. 2, 1994

30

ANSWER by Officer Rosado, Officer Rose, Officer Cesario, Officer Coard, Officer Herrera, Officer Arusano, Officer Kounas, Officer Williams (Attorney ) to amended complaint with cross-claims; Firm of: Tellerman, Paticoff & Greenber by attorney (gb) (Entered: 03/03/1994)

Feb. 2, 1994

Feb. 2, 1994

30

ANSWER to complaint and CROSSCLAIM by Melvin Ancrum, Anthony Aurisano, Steven Bastian, Edward Cesario, Paul Chavers, Norman Coeard, Dale Coxson, Luis Cruz, Turhan Gumasdere, Calixo Herrarra, Adam Kounas, Carlos Rosado, Barry Rose, Claude Stinnie, Eddie Vasquez, Marvin Williams.. (Attorney ) against The City of New York (gb) (Entered: 03/03/1994)

Feb. 2, 1994

Feb. 2, 1994

31

STIPULATION and ORDER, for leave to file amended complt...properly identifying the following individuals and need not re-serve these individuals with a copy of the newly-amended complt... , dismissing pltff's complt. purs. to rule 41 to Captain Rivera., Cpt. Williams, Officer Kounas claim by ptlff Miles only, Officer Ramon Matos, Officer Rosario.. , pltff may correct erros inthe 2.18.93 complt., pltff may amend the complt. and add deft Martinez name to the list..etc..the defts who have already answered the 2.18.93 complt.,need not file a responsive pleading.. ( signed by Judge Robert P. Patterson ). (gb) (Entered: 03/10/1994)

March 8, 1994

March 8, 1994

32

SECOND AMENDED COMPLAINT by Ahmed G. Sheppard, John Scott, Richard Huarotte, Carl Brown, Sherwin Charles, Maurice Louree, Eugene Harris, Alex Virella, Hassan M. Scott, Barron Cunningham, Christopher Flowers, Paul Quartieri, Greg Miles, Eric Sanchez, Michael Streeter (Answer due 3/30/94 for The City of New York, for Captain Jorgenson, for Captain Litchfield, for Captain Rivera, for Captain Bailey, for Captain Schollmayer, for Captain Bianchi, for Captain Deravin, for Captain Martinez, for John Does 1-50, for Officer Henry, for Officer Scaramuzzo, for Officer Arusano, for Officer Herrera, for Officer Coard, for Officer Cesario, for Officer Rose, for Officer Rosado, for Officer Hamilton, for Officer Evans, for Officer Boyce, for Officer Gumsudere, for Officer Coxson, for Officer Delgado, for Officer Kounas, for Officer Figueroa, for Officer Mickel, for Officer Hatcher, for Officer Froehlich, for Officer Rohr, for Officer Capurro, for Officer Williams, for Officer Gibbs, for Officer Sartor, for Officer Day, for Officer Zeiko, for Officer Matos, for Officer Davis, for Officer Mojica, for Officer Russell, for Officer Rosario, for Officer Ingram, for Catherine Abate, for Allyn - Sielaff, for Marron Hopkins, for Gerald Mitchell, for Jose Viera, for William Kozack, for James Bird, for John H. Darivin, for Andrew Phoenix, for Anthanassion #10006 amending [2-1] complaint ; Summons issued. Jury Trial Demanded. (kg) (Entered: 03/11/1994)

March 10, 1994

March 10, 1994

33

Filed Memo_Endorsement on letter to Judge Patterosn from Bonnie Goldsmith dated 3.31.94, in light of the facts it is submitted that the pltffs will suffer no prejudice if the outstanding matters outlined in this letter are resolved within the next two weeks..defts request that the 3.31.9r deadline be extended to 4.14.94 for the limited purposes described.. ( signed by Judge Robert P. Patterson ) (gb) (Entered: 04/06/1994)

April 4, 1994

April 4, 1994

34

ANSWER by Officer Gumsudere, Officer Rosado, . Ramsey, Officer Rose, . Vasquez, . Stinnie, Melvin Ancrum, Officer Arusano, . Bastian, D. Brophy, Regina S. Chavers, Officer Cesario, Officer Capurro, Officer Coxson, Officer Coard, . Glen, . Cruz, Officer Kounas (Attorney ) to amended complaint with cross-claims.. ; Firm of: Tellerman, Paticoff & Greenber by attorney Eileen Helen Persky for defendant The City of New York (gb) (Entered: 04/07/1994)

April 4, 1994

April 4, 1994

34

CROSSCLAIM by Officer Gumsudere, Officer Rosado, . Ramsey, Officer Rose, . Vasquez, . Stinnie, Melvin Ancrum, Officer Arusano, . Bastian, D. Brophy, . Sheffey, Regina S. Chavers, Officer Cesario, Officer Capurro, Officer Coxson, Officer Coard, . Glen, . Cruz, Officer Kounas against The City of New York (gb) (Entered: 04/07/1994)

April 4, 1994

April 4, 1994

35

ANSWER by Officer Matos, . Cosolito, . Ketterer, . Davenport, . Peele, . Sheffey, . Spissinger, Washington and, . Olivieri (Attorney Martha Anne Calhoun) to the 2nd amended complaint ; Firm of: Corp Counsel of the City of NY by attorney Martha Anne Calhoun for defendant Washington and (gb) (Entered: 04/07/1994)

April 5, 1994

April 5, 1994

36

AMENDED ANSWER to Complaint by . Stinnie, . Ramsey, Officer Kounas, Officer Gumsudere, Officer Coxson, . Glen, Officer Rose, Officer Rosado, Officer Herrera, Officer Arusano, Melvin Ancrum, Officer Cesario, Regina S. Chavers, Officer Williams, . Bastian, . Vasquez, Officer Capurro, Officer Coard, . Cruz : amends [35-1] complaint answer with cross-claims (gb) (Entered: 04/08/1994)

April 5, 1994

April 5, 1994

36

CROSSCLAIM by Officer Rose, John Does 1-50, Officer Russell, Officer Froehlich, Officer Matos, Officer Davis, Officer Scaramuzzo, Officer Hatcher, Officer Henry, Officer Coard, Gerald Mitchell, Officer Rohr, Captain Martinez, Jose Viera, Officer Herrera, Officer Arusano against The City of New York (gb) (Entered: 04/08/1994)

April 5, 1994

April 5, 1994

37

NOTICE OF MOTION by Ahmed G. Sheppard to compel Discovery Return date 9/8/94 (djc) (Entered: 06/29/1994)

June 29, 1994

June 29, 1994

38

MEMORANDUM OF LAW by Ahmed G. Sheppard in support of [37-1] motion to compel Discovery (djc) (Entered: 06/29/1994)

June 29, 1994

June 29, 1994

39

DECLARATION in support by Sarah Kerr [37-1] motion to compel Discovery (djc) (Entered: 06/30/1994)

June 29, 1994

June 29, 1994

Pre-trial conference held (djc) (Entered: 09/13/1994)

Sept. 8, 1994

Sept. 8, 1994

40

CASE MANAGEMENT PLAN AND SCHEDULING ORDER setting Pretrial conference for 9:00 10/28/94 ; ( signed by Judge Robert P. Patterson ) ; Copies mailed (djc) (Entered: 09/14/1994)

Sept. 13, 1994

Sept. 13, 1994

Pre-trial conference held (djc) (Entered: 11/01/1994)

Oct. 28, 1994

Oct. 28, 1994

41

Case Management Plan in a Standard or Complex Case: Trial date set for 2/10/96 Pretrial order to be submitted on or before 2/1/96 Discovery cutoff 12/31/95 ( signed by Judge Robert P. Patterson ); Copies mailed. (djc) (Entered: 11/03/1994)

Nov. 1, 1994

Nov. 1, 1994

43

Filed Memo_Endorsement on letter by Jonathan S. Chasan to Judge Patterson dated 1/17/95, Upon Court conference on 1/19/95. All counsel agreed that this discovery dispute had been resolved amicably. ( signed by Judge Robert P. Patterson ) (ae) (Entered: 01/23/1995)

Jan. 19, 1995

Jan. 19, 1995

Pre-trial conference held by RPP. NOTES: Letter issue resolved by parties counsel; Counsel agree not to instruct not to answer except on privelege issues. (mk) (Entered: 01/23/1995)

Jan. 19, 1995

Jan. 19, 1995

44

ANSWER by Officer Russell (Attorney Pamela H. Schwager) to amended complaint (cd) (Entered: 01/25/1995)

Jan. 23, 1995

Jan. 23, 1995

44

CROSSCLAIM by Officer Russell against The City of New York (cd) (Entered: 01/25/1995)

Jan. 23, 1995

Jan. 23, 1995

45

Letter filed by Steven Nicholas, received in Chambers on 9/9/95 (undated) re: a beating on 8/19/95 in a cell on Rikers Island. (lam) (Entered: 09/15/1995)

Sept. 7, 1995

Sept. 7, 1995

48

Letter filed by Robert P. Patterson, Jr. U.S.D.J., dated 9/20/95, re: forwarded letter dated 9/5/95 to counsel for Plaintiffs. (pl) (Entered: 10/02/1995)

Sept. 20, 1995

Sept. 20, 1995

Pre-trial conference held (cd) (Entered: 09/27/1995)

Sept. 21, 1995

Sept. 21, 1995

Pre-trial conference set at 4:00 12/7/95 (cd) (Entered: 09/27/1995)

Sept. 21, 1995

Sept. 21, 1995

46

DEPOSITION of application for certain discovery - by consent dtd. 9/21/95 held before Judge Patterson (ls) (Entered: 09/27/1995)

Sept. 25, 1995

Sept. 25, 1995

47

Case Management Plan in a Standard or Complex Case: Next pretrial conference on 12/7/95 at 4:00 p.m. SO ORDERED: ( signed by Judge Robert P. Patterson ); Copies mailed. (ae) (Entered: 09/30/1995)

Sept. 27, 1995

Sept. 27, 1995

49

Filed Memo-Endorsement on letter to Judge Patterson from Barry Washor dated 9/28/95, In RE: writing to request a one-week extension to respond to the letter of the Legal Aid Society......Application Granted ( signed by Judge Robert P. Patterson ) (kg) (Entered: 10/04/1995)

Sept. 29, 1995

Sept. 29, 1995

51

Filed Memo-Endorsement on letter dated 11/14/95, denying request of Tellerman, Paticoff & Greenberg to be relieved as counsel ( signed by Judge Robert P. Patterson ) (emil) (Entered: 11/21/1995)

Nov. 15, 1995

Nov. 15, 1995

50

Transcript of record of proceedings filed for dates of 9/21/95 (cd) (Entered: 11/16/1995)

Nov. 16, 1995

Nov. 16, 1995

52

SEALED DOCUMENT placed in vault (af) (Entered: 12/05/1995)

Nov. 29, 1995

Nov. 29, 1995

53

NOTICE OF MOTION by all plaintiffs to disqualify Richard J. Koehler and the firm of Dienst & Serrins from participation in this case in any representative capacity, including as counsel for any deft, other party or witnesses in this litigation in accordance w/ Canons 5 and 9 and Disciplinary Rules 5-102 and Disciplinary Rule 9-101 (B) of the Lawyer's Code of Professional Responsibility, governing the conflict of interest of lawyers as witnesses and the acceptance of employment by former gov't officials in litigation , Return date 12/14/95 (emil) (Entered: 12/08/1995)

Nov. 29, 1995

Nov. 29, 1995

54

MEMORANDUM by all plaintiffs in support of [53-1] motion to disqualify Richard J. Koehler and the firm of Dienst & Serrins from participation in this case in any representative capacity, including as counsel for any deft, other party or witnesses in this litigation in accordance w/ Canons 5 and 9 and Disciplinary Rules 5-102 and Disciplinary Rule 9-101 (B) of the Lawyer's Code of Professional Responsibility, governing the conflict of interest of lawyers as witnesses and the acceptance of employment by former gov't officials in litigation (emil) (Entered: 12/08/1995)

Nov. 29, 1995

Nov. 29, 1995

55

Filed Memo_Endorsement on letter dated 11/29/95, plntfs memo in support of plntfs motion to disqualify counsel is rejected for being in excess of 25 page limitation ( signed by Judge Robert P. Patterson ) (cd) (Entered: 12/08/1995)

Dec. 1, 1995

Dec. 1, 1995

56

MEMORANDUM by all plaintiffs in support of [53-1] motion to disqualify Richard J. Koehler and the firm of Dienst & Serrins from participation in this case in any representative capacity, including as counsel for any deft, other party or witnesses in this litigation in accordance w/ Canons 5 and 9 and Disciplinary Rules 5-102 and Disciplinary Rule 9-101 (B) of the Lawyer's Code of Professional Responsibility, governing the conflict of interest of lawyers as witnesses and the acceptance of employment by former gov't officials in litigation (emil) (Entered: 12/08/1995)

Dec. 1, 1995

Dec. 1, 1995

57

Filed Memo_Endorsement on letter by Pamela H. Schwager to Judge Patterson dated 12/7/95, Application granted. Return date reset to 1/11/96 for [53-1] motion to disqualify Richard J. Koehler and the firm of Dienst & Serrins from participation in this case in any representative capacity, including as counsel for any deft, other party or witnesses in this litigation in accordance w/ Canons 5 and 9 and Disciplinary Rules 5-102 and Disciplinary Rule 9-101 (B) of the Lawyer's Code of Professional Responsibility, governing the conflict of interest of lawyers as witnesses and the acceptance of employment by former gov't officials in litigation , Defendants Response to motion reset to 1/4/96 for [53-1] motion to disqualify Richard J. Koehler and the firm of Dienst & Serrins from participation in this case in any representative capacity, including as counsel for any deft, other party or witnesses in this litigation in accordance w/ Canons 5 and 9 and Disciplinary Rules 5-102 and Disciplinary Rule 9-101 (B) of the Lawyer's Code of Professional Responsibility, governing the conflict of interest of lawyers as witnesses and the acceptance of employment by former gov't officials in litigation. SO ORDERED: ( signed by Judge Robert P. Patterson ) (ae) (Entered: 12/12/1995)

Dec. 8, 1995

Dec. 8, 1995

59

AFFIDAVIT in support of Philip E. Taubman Re: [58-1] motion for Philip E. Taubman to withdraw as attorney pursuant to Rule 3(c) (rag) (Entered: 12/22/1995)

Dec. 19, 1995

Dec. 19, 1995

60

NOTICE OF MOTION by pltffs Ahmed G. Sheppard, John Scott, Richard Huarotte, Carl Brown, Sherwin Charles, Maurice Louree, Eugene Harris, Alex Virella, Hassan M. Scott, Barron Cunningham, Christopher Flowers, Paul Quartieri, Greg Eric Sanchez, Michael Streeter for an order to compel discovery RRCP 37 of certain documents withheld from discovery by the City of NY. Return date 1/11/96 @10:00. (lam) (Entered: 12/27/1995)

Dec. 22, 1995

Dec. 22, 1995

61

DECLARATION of counsel for pltffs' Ahmed G. Sheppard, John Scott, Richard Huarotte, Carl Brown, Sherwin Charles, Maurice Louree, Eugene Harris, Alex Virella, Hassan M. Scott, Cunningham, Christopher Flowers, Paul Quartieri, Greg Eric Sanchez, Michael Streeter in SUPPORT of [60-1] motion for an order compel discovery RRCP 37 of certain documents withheld from discovery by the City of NY. (lam) (Entered: 12/27/1995)

Dec. 22, 1995

Dec. 22, 1995

62

MEMORANDUM by Ahmed G. Sheppard, John Scott, Richard Huarotte, Carl Brown, Sherwin Charles, Maurice Louree, Eugene Harris, Alex Virella, Hassan M. Scott, Barron Cunningham, Christopher Flowers, Paul Quartieri, Greg Miles, Eric Sanchez, Michael Streeter in SUPPORT of [60-1] motion for an order to compel discovery RRCP 37 of certain documents withheld from discovery by the City of NY. (lam) (Entered: 12/27/1995)

Dec. 22, 1995

Dec. 22, 1995

63

Filed Memo_Endorsement on letter by Sarah Kerr to Judge Patterson dated 12/22/95, Once motions are fully submitted, the Court will set argument date. SO ORDERED: ( signed by Judge Robert P. Patterson ) (ae) (Entered: 12/28/1995)

Dec. 27, 1995

Dec. 27, 1995

64

REPLY MEMORANDUM OF LAW by Ahmed G. Sheppard, John Scott, Richard Huarotte, Carl Brown, Sherwin Charles, Maurice Louree, Eugene Harris, Alex Virella, Hassan M. Scott, Barron Cunningham, Christopher Flowers, Paul Quartieri, Greg Eric Sanchez, Michael Streeter in support of re: Plaintiffs' motion to disquality counsel. (ae) (Entered: 01/11/1996)

Jan. 10, 1996

Jan. 10, 1996

65

DECLARATION in opposition by Officer Russell, Officer Williams, Officer Capurro, Officer Kounas, Officer Gumsudere, Officer Rosado, Officer Rose, Officer Cesario, Officer Herrera, Officer Scaramuzzo, . Bastian, . Vasquez, D. Brophy, . Ramsey, . Cruz, . Stinnie, Melvin Ancrum, Regina S. Chavers, Officer Coxson, Officer Coard, . Glen [53- 1] motion to disqualify Richard J. Koehler and the firm of Dienst & Serrins from participation in this case in any representative capacity, including as counsel for any deft, other party or witnesses in this litigation in accordance w/ Canons 5 and 9 and Disciplinary Rules 5-102 and Disciplinary Rule 9-101 (B) of the Lawyer's Code of Professional Responsibility, governing the conflict of interest of lawyers as witnesses and the acceptance of employment by former gov't officials in litigation (rag) (Entered: 01/16/1996)

Jan. 11, 1996

Jan. 11, 1996

66

MEMORANDUM by Officer Russell, Officer Williams, Officer Capurro, Officer Kounas, Officer Gumsudere, Officer Rosado, Officer Rose, Officer Cesario, Officer Herrera, Officer Scaramuzzo, . Bastian, . Vasquez, D. Brophy, . Ramsey, . Cruz, . Stinnie, Melvin Ancrum, Regina S. Chavers, Officer Coxson, Officer Coard, . Glen in opposition to [53-1] motion to disqualify Richard J. Koehler and the firm of Dienst & Serrins from participation in this case in any representative capacity, including as counsel for any deft, other party or witnesses in this litigation in accordance w/ Canons 5 and 9 and Disciplinary Rules 5-102 and Disciplinary Rule 9-101 (B) of the Lawyer's Code of Professional Responsibility, governing the conflict of interest of lawyers as witnesses and the acceptance of employment by former gov't officials in litigation (rag) (Entered: 01/16/1996)

Jan. 11, 1996

Jan. 11, 1996

67

AFFIDAVIT in support of Pamela H. Schwager Re: [58-1] motion for Philip E. Taubman to withdraw as attorney pursuant to Rule 3(c) (rag) (Entered: 01/16/1996)

Jan. 11, 1996

Jan. 11, 1996

68

Filed Memo_Endorsement on letter dated 1/11/96, Response to motion reset to 2/9/96 for [60-1] motion for an order to compel discovery RRCP 37 of certain documents withheld from discovery by the City of NY. ( signed by Judge Robert P. Patterson ) (cd) (Entered: 01/18/1996)

Jan. 17, 1996

Jan. 17, 1996

Pre-trial conference held (cd) (Entered: 01/25/1996)

Jan. 24, 1996

Jan. 24, 1996

69

Letter filed by Dienst & Serrins, LLP, dated 1/26/96 re conference with your honor on 1/24/96, will withdraw as counsel for twenty-one (21) individually named corecction officers at issue in this litigation (pl) (Entered: 01/30/1996)

Jan. 29, 1996

Jan. 29, 1996

70

Memo endorsed on motion; granting [58-1] motion for Philip E. Taubman to withdraw as attorney pursuant to Rule 3(c) ( signed by Judge Robert P. Patterson ); Copies mailed. (cd) (Entered: 02/01/1996)

Jan. 30, 1996

Jan. 30, 1996

Memo endorsed on motion; dismissing [53-1] motion to disqualify Richard J. Koehler and the firm of Dienst & Serrins from participation in this case in any representative capacity, including as counsel for any deft, other party or witnesses in this litigation in accordance w/ Canons 5 and 9 and Disciplinary Rules 5-102 and Disciplinary Rule 9-101 (B) of the Lawyer's Code of Professional Responsibility, governing the conflict of interest of lawyers as witnesses and the acceptance of employment by former gov't officials in litigation...THIS MOTION IS DISMISSED AS MOOT...SO ORDERED... ( signed by Judge Robert P. Patterson ); Copies mailed. (ls) (Entered: 02/05/1996)

Feb. 2, 1996

Feb. 2, 1996

Pre-trial conference held (cd) (Entered: 02/14/1996)

Feb. 13, 1996

Feb. 13, 1996

71

Case Management Plan in a Standard or Complex Case: Next Pretrial conference on 3/27/96 at 4:00 p.m. SO ORDERED: ( signed by Judge Robert P. Patterson ); (ae) (Entered: 02/15/1996)

Feb. 14, 1996

Feb. 14, 1996

Pre-trial conference set at 4:00 3/27/96 (See Doc. #71) (ae) (Entered: 02/15/1996)

Feb. 14, 1996

Feb. 14, 1996

72

Filed Memo_Endorsement on letter dated 3/8/96, Response to motion reset to 4/3/96 for [60-1] motion for an order to compel discovery RRCP 37 of certain documents withheld from discovery by the City of NY. ( signed by Judge Robert P. Patterson ) (cd) (Entered: 03/18/1996)

March 15, 1996

March 15, 1996

Pre-trial conference held (cd) (Entered: 04/01/1996)

March 27, 1996

March 27, 1996

Pre-trial conference set at 4:00 4/24/96 (cd) (Entered: 04/01/1996)

March 27, 1996

March 27, 1996

73

CASE MANAGEMENT PLANT SCHEDULING ORDER setting Pretrial conference for 4:00 p.m. on 4/24/96 ; ( signed by Judge Robert P. Patterson ) ; mailed (ls) (Entered: 04/01/1996)

March 29, 1996

March 29, 1996

74

STIPULATION of Partial Settlement and Discontinuance of the Damage claims ... the City of New York hereby agrees to pay to t he plaintiffs the following sums in coplete satisfaction of all claims described in Paragraph "1" above: Ahmed Sheppard - $100,000; John Scott - $105,000; Richard Huarotte - $125,000; Carl Brown - $115,000; Sherwyn Charles - $100,000; Maurice Louree - $100,000; Eugene Harris - $125,000; Alex Virella - $100,000; Hassan Scott - $100,000; Barron Cunningham - $100,000; Christopher Flowers - $120,000; Paul Quartieri - $100,000; Greg Miles - $105,000; Eric Sanchez - $115,000; Michael Streeter - $90,000; Plaintiffs waive any claims for attorneys' fees and costs. ... this settlement agreement does not represent, nor may it be deemed to constitute, any policy or practice of the City of New York.... ( signed by Judge Robert P. Patterson ). (djc) (Entered: 04/22/1996)

April 19, 1996

April 19, 1996

75

Filed Memo_Endorsement on letter to Judge Patterson from Jonathan Pines dated 04/19/96, reset pretrial conference for 5/2/96... so ordered. ( signed by Judge Robert P. Patterson ) (djc) (Entered: 04/24/1996)

April 23, 1996

April 23, 1996

Pre-trial conference held (cd) (Entered: 05/23/1996)

May 21, 1996

May 21, 1996

Pre-trial conference set at 4:30 6/4/96 (cd) (Entered: 05/23/1996)

May 21, 1996

May 21, 1996

76

Case Management Plan in a Standard or Complex Case: Next pretrial conference on 6/4/96 at 4:30 p.m. SO ORDERED: ( signed by Judge Robert P. Patterson ); (ae) (Entered: 05/24/1996)

May 23, 1996

May 23, 1996

Pre-trial conference held before Judge Patterson. (kk) (Entered: 06/10/1996)

June 4, 1996

June 4, 1996

Memorandum to Docket Clerk:, reset pretrial conference for 4:30 7/2/96 (kk) (Entered: 06/10/1996)

June 4, 1996

June 4, 1996

77

CASE MANAGEMENT PLAN & SCHEDULING ORDER setting Next Pretrial conference for 4:30 7/2/96 ; ( signed by Judge Robert P. Patterson ) ; Copies mailed (lam) (Entered: 06/07/1996)

June 6, 1996

June 6, 1996

Case Details

State / Territory: New York

Case Type(s):

Prison Conditions

Key Dates

Filing Date: June 18, 1991

Closing Date: 2002

Case Ongoing: No

Plaintiffs

Plaintiff Description:

inmates at the Rikers Island Correctional Facility

Public Interest Lawyer: Yes

Filed Pro Se: Yes

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

City of New York (New York City), City

Case Details

Causes of Action:

42 U.S.C. § 1983

Constitutional Clause(s):

Cruel and Unusual Punishment

Availably Documents:

Trial Court Docket

Any published opinion

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: 1998 - 2002

Issues

General:

Assault/abuse by staff

Disciplinary segregation

Personal injury

Staff (number, training, qualifications, wages)

Medical/Mental Health:

Mental health care, general

Type of Facility:

Government-run