Case: Clarkson v. Coughlin

1:91-cv-01792 | U.S. District Court for the Southern District of New York

Filed Date: March 15, 1991

Case Ongoing

Clearinghouse coding complete

Case Summary

On March 15, 1991, deaf inmates at state prisons in New York filed a class action lawsuit under the Americans With Disabilities Act (ADA), 42 U.S.C. § 12131, against the New York State Department of Corrections in the U.S. District Court for the Southern District of New York. The plaintiffs, represented by the Prisoners' Rights Project of the Legal Aid Society, sought declaratory and injunctive relief, alleging that their constitutional rights had been violated by the defendants' failure to pro…

On March 15, 1991, deaf inmates at state prisons in New York filed a class action lawsuit under the Americans With Disabilities Act (ADA), 42 U.S.C. § 12131, against the New York State Department of Corrections in the U.S. District Court for the Southern District of New York. The plaintiffs, represented by the Prisoners' Rights Project of the Legal Aid Society, sought declaratory and injunctive relief, alleging that their constitutional rights had been violated by the defendants' failure to provide them with access to the programs and services that were routinely accorded to hearing inmates. The inmates further alleged that the defendants violated their right to equal protection by granting male inmates, but not female inmates, access to the sensorially disabled unit (SDU) at one prison.

The suit was originally filed by a deaf prisoner and other prisoners sought to intervene. On Feb. 3, 1992, the U.S. District Court for the Southern District of New York (Judge Robert W. Sweet) held that the individual prisoner's claims were moot since she was out on parole; that dismissal of the individual claims did not warrant dismissal of the class claims; that other prisoners not able to transfer to the hearing-impaired unit would be allowed to intervene; and that class certification was appropriate, with separate subclasses for male and female prisoners, but the court refused to grant class status of the female prisoners until their numbers could be approximated. 783 F.Supp. 789. The court granted class certification on January 25, 1993. 145 F.R.D. 339.

On June 16, 1995, the U.S. District Court for the Southern District of New York granted the plaintiffs' motion for summary judgment, holding that the defendants' failures violated all statutes and constitutional provisions under which the plaintiffs sought relief, thus warranting declaratory and injunctive relief. The court held that the defendants should have provided the deaf inmates with sign language interpreter services and other assistive communication devices during reception, classification, educational, vocational, counseling, medical, and mental health encounters, as well as during disciplinary, grievance, and parole proceedings. 898 F.Supp. 1019. The defendants appealed. USCA Docket: 100−1.

On November 22, 1995, the U.S. Court of Appeals for the Second Circuit determined sua sponte that it lacked jurisdiction over the appeal because the notice of appeal was untimely and because a final order had not been issued by the district court.

On June 10, 1996, the district court issued a consent decree and closed the case. The consent decree provided for notice and assessment of the needs of deaf inmates, classification procedures, provision of sign language interpreters and other auxiliary aids and devices, staff education and training, and record keeping. On December 4, 1996, the parties settled the plaintiffs' request for attorneys fees and costs without any admission of wrongdoing by any party.

In October 2003, Judge Sweet issued an order that requires members of the Clarkson class to submit their complaints to the state ombudsperson for resolution. The ombudsperson must decide if the complainant is a member of the Clarkson class and whether a violation of the consent decree occurred before the complainant can file a motion for contempt or enforcement. If a prisoner seeks monetary relief to enforce the consent decree, he or she must file a formal complaint to initiate a new civil action which will be designated as related to the Clarkson lawsuit. If a formal complaint is filed, class counsel (the Legal Aid Society) is notified. Since the issuance of the consent decree, Judge Sweet treated lawsuits alleging violations of the Clarkson consent decree as de facto motions for contempt filed in the Clarkson action itself.

Since the consent decree was issued, numerous prisoners with hearing disabilities have filed complaints alleging violations of the Clarkson consent decree. Judge Sweet considered these motions in the original lawsuit for an order of contempt to compel the defendants to comply with the Clarkson consent decree. Other than the two motions discussed below, Judge Sweet has denied all motions for enforcement of the consent decree.

In 2006, class counsel for the plaintiff class moved to enter an order for notice to the class to provide the Clarkson class with notice of the court's October 23, 2003 order. The 2003 order requires members of the class to direct complaints about violations of the consent decree to the appointed ombudsperson before filing a motion for contempt with the court. On March 10, 2006, Judge Sweet granted the motion and entered the proposed order granting notice to the Clarkson class members. 2006 WL 587345.

In 2013, an individual prisoner moved pro se under the June 6, 1996 Clarkson consent decree and the October 23, 2003 order in an action for civil contempt for violating the consent decree. He filed three versions of his motion for contempt on September, October, and December 2013. The plaintiff claims that correctional officers destroyed his hearing aid and assaulted him because of his disability. He also alleged that he was not provided with replacement hearing aids or batteries. On August 29, 2014, Judge Sweet denied the motion because the plaintiff was not a member of the Clarkson class. Over the years the plaintiff was incarcerated, multiple audiologists examined the plaintiff and concluded that his hearing loss was not severe, and that he may not have any hearing loss at all. Furthermore, the plaintiff did not follow the procedures outlined in the consent decree that required him to contact the ombudsperson before filing a complaint. 2014 WL 4290699.

In 2019, the case was reassigned to Judge Coleen McMahon after Judge Sweet passed away. On June 3, 2019 another prisoner filed a motion for contempt of the Clarkson consent decree. The plaintiff alleged that he was improperly denied access to a telephone communication device for the deaf and that he was improperly denied access to a television viewing recreation room used by the deaf. Judge McMahon denied the plaintiff's motion on April 22, 2020. The plaintiff was diagnosed as "hard of hearing" and not "deaf", and so he was not entitled to the accommodations which he sought. According to the court, the plaintiff did not show by clear and convincing evidence that the consent decree was violated Additionally, his claims for declaratory and injunctive relief against prison officials in at Woodburne Correctional Facility were moot because he was transferred to a different correctional facility. 2020 WL 1941873.

As of June 2020, there are no active motions for contempt of the consent decree in this case. The case is ongoing.

Summary Authors

Kristen Sagar (10/31/2006)

Sabrina Glavota (5/28/2020)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/4547778/parties/clarkson-v-coughlin/


Judge(s)

McMahon, Colleen (New York)

Sweet, Robert Workman (New York)

Attorneys(s) for Plaintiff

Barnett, Helaine (New York)

Boston, John (New York)

Curtin, Teresa A. (New York)

Finkel, Kalman (New York)

Ginsberg, Betsy R. (New York)

Hellerstein, William E. (New York)

Hsu, Caroline Sandra (New York)

Rosenberg, Scott Alan (New York)

Judge(s)

McMahon, Colleen (New York)

Sweet, Robert Workman (New York)

Attorneys(s) for Plaintiff

Barnett, Helaine (New York)

Boston, John (New York)

Curtin, Teresa A. (New York)

Finkel, Kalman (New York)

Ginsberg, Betsy R. (New York)

Hellerstein, William E. (New York)

Hsu, Caroline Sandra (New York)

Rosenberg, Scott Alan (New York)

Short, Stefen Russell (New York)

Zelermyer, Milton (New York)

Attorneys(s) for Defendant

Abrams, Robert W. (New York)

Curtis, Edward Joseph Jr. (New York)

Harben, Jeb (New York)

Hronsky, Rosalie J. (New York)

Lahiff, Jeanne (New York)

Lieberman, Frederic L. (New York)

Sanders, Charles F. (New York)

Singelton, Valerie (New York)

Turbin, Ronald (New York)

Vacco, Dennis C. (New York)

Expert/Monitor/Master

Arden, James Daniel (New York)

Booth, Jane E. (New York)

Sabel, Janet E. (New York)

Skarstad, Robin Beck (New York)

Documents in the Clearinghouse

Document

Docket (PACER)

April 22, 2020 Docket

Opinion

783 F.Supp. 789

Feb. 3, 1992 Order/Opinion
46

Opinion

145 F.R.D. 339

Jan. 25, 1993 Order/Opinion
98

Opinion

898 F.Supp. 1019

June 16, 1995 Order/Opinion

Consent Judgment and Order

Clarkson v. Coughlin

June 6, 1996 Order/Opinion

Correspondence

Clarkson v. Coughlin

June 21, 1996 Correspondence
132

Memorandum Opinion

2006 WL 587345

March 6, 2006 Order/Opinion
166

Opinion

Clarkson v. Goord

2014 WL 4290699

Aug. 27, 2014 Order/Opinion
188

Memorandum and Order

Clarkson v. Goord

2020 WL 1941873

April 22, 2020 Order/Opinion
177-4

Directive 2612

None Statute/Ordinance/Regulation

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4547778/clarkson-v-coughlin/

Last updated May 13, 2022

ECF Number Description Date Link
1

ORDER TO COMMENCE ACTION IN FORMA PAUPERIS,...that Doris Clarkson is permitted to commence and prosecute this action without being required to prepay costs or fees or to give secuirty therefore. ( signed by Judge Thomas P. Griesa ); Copies mailed Attached is the Affidavit of Doris Clarkson... (mj) (Entered: 03/22/1991)

March 15, 1991 PACER
2

CLASS ACTION COMPLAINT filed; Summons issued and Notice pursuant to 28 U.S.C. 636(c); RECEIPT # NO FEE (mj) (Entered: 03/22/1991)

March 15, 1991 PACER
3

Affidavit of service as to Robert Greifinger by Robert Greifinger, person srvd on 3/15/91 Answer due on 4/4/91 for Robert Greifinger (mj) (Entered: 03/28/1991)

March 27, 1991 PACER
4

ORDER,...that any agreement by defts to provide such services to pltff shall be without prejudice to this Court's ultimate determination of this action;..that any agreement by defts to provide such services shall not be construed to make pltff a prevailing party for purposes of recovery of attys' fees purs. to 42 U.S.C. 1988;...that defts produce copies of pltff's prison and parole files by 5:00 p.m. on 4/25/91, together with a letter listing all documents not produced by defts by reason of a claimed privilege and setting forth the privilege assertted by defts;... set answer due for 5/6/91 for Raul Russi, for Elaine A. Lord, for Marion Borum, for Robert Greifinger, for Thomas A. Coughlin III ( signed by Judge Robert W. Sweet ); Copies mailed (mj) (Entered: 05/08/1991)

May 1, 1991 PACER
5

FIRST AMENDED CLASS ACTION COMPLAINT, (Answer due 5/20/91 for Raul Russi, for Elaine A. Lord, for Marion Borum, for Robert Greifinger, for Thomas A. Coughlin III ) amending [2-1] complaint ; Summons issued. (mj) (Entered: 05/16/1991)

May 10, 1991 PACER
6

ANSWER to Complaint by Thomas A. Coughlin III, Robert Greifinger, Elaine A. Lord, Raul Russi (Attorney Edward Joseph Curtis),; jury demand; Firm of: RA by attorney Edward Joseph Curtis for defendant Raul Russi (mj) (Entered: 05/24/1991)

May 17, 1991 PACER
7

NOTICE OF MOTION by Thomas A. Coughlin III, Robert Greifinger, Elaine A. Lord, Raul Russi for summary judgment, Return date 6/30/91 (vb) (Entered: 06/21/1991)

June 19, 1991 PACER
8

MEMORANDUM by Thomas A. Coughlin III, Robert Greifinger, Elaine A. Lord, Raul Russi in support of [7-1] motion for summary judgment or alternatively, motion to change venue. (vb) (Entered: 06/21/1991)

June 19, 1991 PACER
9

Filed Memo_Endorsement on letter dated 7-8-91, from Pltff's Atty The Legal AId Society, Civil Division, Civil Appeals & Law Reform Unit, (BY: Janet Sabel), Addressed to Hon. RWS, J.,...in re: ..The purpose of this letter is to request a two week extension of time to reply to defts' motion for summary judgment seeking to dismiss pltff's complaint as moot. ...SO ORDERED. ( signed by Judge Robert W. Sweet ) (mj) (Entered: 07/11/1991)

July 10, 1991 PACER
10

NOTICE OF MOTION by Doris Clarkson to intervene by Rodney Thomas, Larry Randall, Janice Whan, Scott Cameron Phelps, James White, for joinder of Victor Herbert, Walter Kelly, Bridget Gladwin, Arthur Leonardo, Carol Berry, Richard C. Surles and Susan Butler as parties defts in this action, to certify class action, Return date 9/5/91 (mj) (Entered: 08/09/1991)

Aug. 9, 1991 PACER
11

MEMORANDUM by Doris Clarkson, Rodney Thomas, Larry - Randall, Janice Whan, Scott Cameron Phelps, James White in opposition to [7-1] motion for summary judgment and to change venue. (mj) (Entered: 08/09/1991)

Aug. 9, 1991 PACER
12

DECLARATION OF JANET SABEL in opposition by Doris Clarkson, Rodney Thomas, Larry - Randall, Janice Whan, Scott Cameron Phelps, James White [7-1] motion for summary judgment and to change venue. (mj) (Entered: 08/09/1991)

Aug. 9, 1991 PACER
13

Counter Statement Purs. to Local Rule 3(g) statement filed by Doris Clarkson, Rodney Thomas, Larry - Randall, Janice Whan, Scott Cameron Phelps, James White (mj) (Entered: 08/14/1991)

Aug. 9, 1991 PACER
14

AFFIRMATION OF SERVICE by Doris Clarkson, Proposed Pltff-Interveners ...service of Notice of Motion for Intervention, Joinder and Class Certification; Pltffs' Counter Statement Purs. to Local Rule 3(g); Declaration of Janet Sabel in Support of Pltffs' Motions...; Pltffs' Memorandum in Support of Pltffs' Motion for Intervention... served upon: Robert Abrams, Atty for Defts BY: Not Indicated ON: 7-29-91. served upon: Proposed Deft Bridget Gladwin BY: Bonnie Thornhill, Senior Clerk, Taconic Corr. Fac. Inmate Records ON: 8-7-91. served upon: Proposed Deft Bridget Gladwin BY: Mail ON: 8-7-91. served upon: Superintendent Carl Berry BY: James Dirie, Inmate Records Coordinator ON: 8-7-91. served upon: Carl Berry BY: James Dirie, Inmate Records Coordinator ON: 8-7-91. served upon: Proposed Deft Carl Berry BY: Mail ON: 8-8-91. (mj) (Entered: 08/14/1991)

Aug. 14, 1991 PACER
15

Affidavit of service as to Walter Kelly, Superintendent by Brenda Allen on 8/8/91 Answer due on 4/4/91 (ar) (Entered: 08/29/1991)

Aug. 27, 1991 PACER
16

STIPULATION and ORDER...that the schedule in connection with Defts motion for summary judgment and to change venue and Pltff's motion for intervention, joinder, and class certification shall be modified to permit opposing papers to be served and filed by 10/15/91, reply papers to be served and filed by 10/29/91 and argument to be heard on 10/31/91. ( signed by Judge Robert W. Sweet ). (mj) (Entered: 09/12/1991)

Sept. 4, 1991 PACER
17

CORRECTED AFFIDAVIT OF SERVICE by Clarkson of Proposed-Pltffs-Interveners Notice of Motion for intervention, joinder, and class certification, the Memorandum in support of Pltffs' Motionf or intervention, etc., the Counter Statement of Facts Purs. to Local Civil Rule 3(g), and the Declaration in support of Motion for intervention etc. served upon: Proposed-Deft Arthur Leonardo BY: Marilyn Brileya ON: 8-8-91: upon: Proposed-Deft Arthur Leonardo, Supt. BY: Marilyn Brileya ON: 8-8-91: upon: Proposed-Deft Richard Surles BY: John Petrila ON: 8-6-91. upon: Proposed-Deft Richard Surles, Comm. of N.Y. State Off. of Mental Hlth. BY: John Petrila ON: 8-6-91. (mj) (Entered: 09/13/1991)

Sept. 12, 1991 PACER
18

MEMORANDUM by Thomas A. Coughlin III, Robert Greifinger, Elaine A. Lord, Raul Russi in opposition to [10-1] motion to intervene by Rodney Thomas, Larry Randall, Janice Whan, Scott Cameron Phelps, James White, [10-2] motion for joinder of Victor Herbert, Walter Kelly, Bridget Gladwin, Arthur Leonardo, Carol Berry, Richard C. Surles and Susan Butler as parties defts in this action, [10-3] motion to certify class action (Forward to Chambers) (mj) (Entered: 12/13/1991)

Dec. 12, 1991 PACER
19

STIPULATION and ORDER AND PROTECTIVE ORDER,...the declarations served on pltff's counsel on 11-15-91, in opposition to the pltff's and proposed pltffs' motions for intervention, joinder, and class certification shall be filed with the Court under seal. ( signed by Judge Richard Owen, Part I ). (mj) (Entered: 12/17/1991)

Dec. 16, 1991 PACER
20

MEMORANDUM by Doris Clarkson in further support of [10-1] motion to intervene by Rodney Thomas, Larry Randall, Janice Whan, Scott Cameron Phelps, James White, [10-2] motion for joinder of Victor Herbert, Walter Kelly, Bridget Gladwin, Arthur Leonardo, Carol Berry, Richard C. Surles and Susan Butler as parties defts in this action, [10-3] motion to certify class action (Forward to Chambers) (mj) (Entered: 12/18/1991)

Dec. 17, 1991 PACER
21

DECLARATION OF JANET E. SABEL in further support by Doris Clarkson [10-1] motion to intervene by Rodney Thomas, Larry Randall, Janice Whan, Scott Cameron Phelps, James White, [10-2] motion for joinder of Victor Herbert, Walter Kelly, Bridget Gladwin, Arthur Leonardo, Carol Berry, Richard C. Surles and Susan Butler as parties defts in this action, [10-3] motion to certify class action (Forward to Chambers) (mj) Modified on 12/18/1991 (Entered: 12/18/1991)

Dec. 17, 1991 PACER
22

REPLY MEMORANDUM by Thomas A. Coughlin III, Robert Greifinger, Elaine A. Lord, Raul Russi re: in further support of [7-1] motion for summary judgment or, alternatively, motion for change of venue. (Forward to Chambers) (mj) (Entered: 12/18/1991)

Dec. 17, 1991 PACER
23

DECLARATION OF EDWARD J. CURTIS JR. in support by Thomas A. Coughlin III, Robert Greifinger, Elaine A. Lord, Raul Russi ...in further support of the defts' motion purs. to 28 USC 1404(a) for a change of venue to the U.S.D.C. for the Northern Dist. of New York. (Forward to Chambers) (mj) (Entered: 12/18/1991)

Dec. 17, 1991 PACER
24

ORDER TO SHOW CAUSE: Show Cause Hearing set for 12:00 3/29/91 for preliminary injunction enjoining defts to: provide Ms. Clarkson with access to qualified sign language interpreters...purge from Ms. Clarkson's record every conviction for disciplinary infractions..grant Ms. Clarkson the credits to which she would have been entitled..promulgate rules and proc. for protecting the rights and privileges of Ms. Clarkson... ..service not to be later than...3/26/91.. ( signed by Judge Robert W. Sweet ); Copies mailed Attached is the Affidavit of Janet Sabel in support. (Dktd per instructions of Chambers) (mj) (Entered: 02/11/1992)

Feb. 4, 1992 PACER
25

MEMORANDUM by Doris Clarkson in support of [24-1] relief for preliminary injunction enjoining defts to: provide Ms. Clarkson with access to qualified sign language interpreters...purge from Ms. Clarkson's record every conviction for disciplinary infractions..grant Ms. Clarkson the credits to which she would have been entitled..promulgate rules and proc. for protecting the rights and privileges of Ms. Clarkson..., [24-2] motion (Dktd per instructions of Chambers) (mj) (Entered: 02/11/1992)

Feb. 4, 1992 PACER
26

AFFIDAVIT in opposition of Barbara Simmons by Thomas A. Coughlin III, Robert Greifinger, Marion Borum, Elaine A. Lord, Raul Russi Re: [24-1] relief for preliminary injunction enjoining defts to: provide Ms. Clarkson with access to qualified sign language interpreters...purge from Ms. Clarkson's record every conviction for disciplinary infractions..grant Ms. Clarkson the credits to which she would have been entitled..promulgate rules and proc. for protecting the rights and privileges of Ms. Clarkson..., [24-2] motion (Dktd per instructions of Chambers) (mj) (Entered: 02/11/1992)

Feb. 4, 1992 PACER
27

Affidavit of Service By Mail of Pltff's Order to Show Cause and Memorandum in support of Motion for a preliminary injunction served upon: Thomas Coughlin III BY: Mail ON: 3/26/91; Robert Greifinger BY: Mail ON: 3/26/91; Marion Borum BY: Mail ON: 3/26/91; Raul Russi BY: Mail ON: 3/26/91; Elaine A. Lord BY: Mail ON: 3/26/91. (Dktd per instructions of Chambers) (mj) (Entered: 02/11/1992)

Feb. 4, 1992 PACER
28

OPINION # 69303 granting in part, denying in part [10-1] motion to intervene by Rodney Thomas, Larry Randall, Janice Whan, Scott Cameron Phelps, James White, granting in part, denying in part [10-2] motion for joinder of Victor Herbert, Walter Kelly, Bridget Gladwin, Arthur Leonardo, Carol Berry, Richard C. Surles and Susan Butler as parties defts in this action, denying [10-3] motion to certify class action, denying [7-1] motion for summary judgment ...For the reasons set forth above, the Defts' motion to dismiss the class complaint as moot is denied. Clarkson's personal claims against the Defts are dismissed as moot. Whan's motion to intervene in the action is granted, while the motion by Thomas, Randall, Phelps, and White is denied with leave granted to renew. The motion to join Butler, Surles, and Gladwin is granted. The motion to join the other Proposed Defts is denied with leave granted to renew. Whan's motion to certify the proposed class is denied at this time with leave granted to renew. Deft Lord's motion for summary judgment and the Defts' motion to transfer the action are denied. ( Signed by Judge Robert W. Sweet ); Copies mailed. (mj) (Entered: 02/11/1992)

Feb. 4, 1992 PACER
30

SEALED DOCUMENT placed in vault. Contents: Declaration of Jack Alexande, Redacted Exhibit A. (mj) (Entered: 02/28/1992)

Feb. 4, 1992 PACER
29

ORDER, set parties shall complete all discovery due for 4/8/92, set motion filing deadline for 4/8/92, set court trial briefs due for 4/15/92, set joint proposed pretrial order due for 4/15/92, set final pretrial conference for 4:30 4/15/92 ( signed by Judge Robert W. Sweet ); Copies mailed (mj) (Entered: 02/25/1992)

Feb. 7, 1992 PACER
31

NOTICE OF MOTION by Doris Clarkson to intervene by Faris Abdul-Matiyn, Return date 3/23/92. F. Abdul-Matiyn's request and affirmation are attached. Orig. to chambers. (ar) (Entered: 03/12/1992)

March 10, 1992 PACER
32

MEMORANDUM by Thomas A. Coughlin III, Robert Greifinger, Marion Borum, Elaine A. Lord, Raul Russi, Susan Butler, Bridget Gladwin in opposition to [31-1] motion to intervene by Faris Abdul-Matiyn. Orig. to chambers. (ar) (Entered: 03/26/1992)

March 26, 1992 PACER
33

Filed Memo_Endorsement on letter dated 4/1/92, reset motion filing deadline for 9/1/92, reset discovery due for 9/1/92 ( signed by Judge Robert W. Sweet ) (ar) (Entered: 04/10/1992)

April 6, 1992 PACER
34

Letter filed by Doris Clarkson, Janice Whan dated 3/26/92 re to respond to Abdul-Matiyn's motion to intervene. [dkted and filed per chambers] (ar) (Entered: 04/28/1992)

April 28, 1992 PACER
35

ORDER denying [31-1] motion to intervene by Faris Abdul-Matiyn ( signed by Judge Robert W. Sweet ); Copies mailed (ar) (Entered: 04/29/1992)

April 28, 1992 PACER
36

NOTICE OF MOTION by Doris Clarkson, Janice Whan for joinder, Intervention & Class Certification, Return date 6/24/92 (vb) (Entered: 06/05/1992)

June 5, 1992 PACER
37

MEMORANDUM by Doris Clarkson, Janice Whan in support of [36-1] motion for joinder, Intervention & Class Certification (vb) (Entered: 06/05/1992)

June 5, 1992 PACER
38

DECLARATION of Jane E. Booth in support by Doris Clarkson, Janice Whan [36-1] motion for joinder, Intervention & Class Certification (vb) (Entered: 06/05/1992)

June 5, 1992 PACER
39

NOTICE OF MOTION by Doris Clarkson for joinder, intervention & Class Certification; permitting Larry Randall to intervene as named pltffs in this action & joining Wlater Kelly & Daniel Senkowski as party defts in this action, Return date 8/5/92 (vb) Modified on 03/15/1993 (Entered: 07/24/1992)

July 24, 1992 PACER
40

MEMORANDUM by Doris Clarkson in support of [39-1] motion for joinder, intervention & Class Certification (vb) (Entered: 07/24/1992)

July 24, 1992 PACER
41

STIPULATION and ORDER, Respondent's Response to motion reset to 8/19/92 [39-1] motion for joinder, intervention & Class Certification, reset to 8/19/92 [36-1] motion for joinder, Intervention & Class Certification, Pltff's Reply to Response to Motion reset to 9/9/92 [39-1] motion for joinder, intervention & Class Certification, reset to 9/9/92 [36-1] motion for joinder, Intervention & Class Certification, Return date reset to 9/16/92 [39-1] motion for joinder, intervention & Class Certification, Return date reset to 9/16/92 [36-1] motion for joinder, Intervention & Class Certification ( signed by Judge Robert W. Sweet ). (ar) (Entered: 08/11/1992)

Aug. 10, 1992 PACER
42

MEMORANDUM by Thomas A. Coughlin III, Robert Greifinger, Marion Borum, Elaine A. Lord, Raul Russi, Susan Butler, Richard C. Surles, Bridget Gladwin in opposition to [39-1] motion for joinder, intervention & Class Certification. [Orig. to chambers] (ar) (Entered: 09/28/1992)

Sept. 28, 1992 PACER
43

DECLARATION in opposition of Edward J. Curtis, Jr. Re: [39-1] motion for joinder, intervention & Class Certification. [Orig. to chambers] (ar) (Entered: 09/28/1992)

Sept. 28, 1992 PACER
44

MEMORANDUM by Doris Clarkson, Janice Whan in support of [39-1] motion for joinder, intervention & Class Certification. [orig. to chambers] (ar) (Entered: 10/20/1992)

Oct. 20, 1992 PACER
45

DECLARATION in support by Doris Clarkson, Janice Whan [39-1] motion for joinder, intervention & Class Certification. [orig. to chambers] (ar) (Entered: 10/20/1992)

Oct. 20, 1992 PACER
46

MEMORANDUM OPINION # 70984 granting [39-1] motion for joinder, intervention & Class Certification, granting [36-1] motion for joinder, Intervention & Class Certification... Leave to amend the original Cmplt is granted... SO ORDERED, SWEET, J. ( Signed by Judge Robert W. Sweet ); Copies mailed. (mk) (Entered: 01/28/1993)

Jan. 28, 1993 Clearinghouse
47

Letter filed by Janice Whan, Doris Clarkson dated 9/22/92 re adjourn motions to 10/21/92 (sc) (Entered: 01/29/1993)

Jan. 28, 1993 PACER
48

Letter filed by Bridget Gladwin, Richard C. Surles, Susan Butler, Elaine A. Lord, Marion Borum, Robert Greifinger, Thomas A. Coughlin III, Raul Russi dated 9/25/93 re eclosure of deft's opposition to pltff's motion for intervention etc. (sc) (Entered: 01/29/1993)

Jan. 28, 1993 PACER
49

Letter filed by Richard C. Surles, Susan Butler, Elaine A. Lord, Marion Borum, Robert Greifinger, Thomas A. Coughlin III, Raul Russi dated 6/23/92 re defts' opp papers to mot to intv due 7/22/92 and ret date set for 8/5/92 (sc) (Entered: 01/29/1993)

Jan. 28, 1993 PACER
50

ORDER, set discovery, inspection and motions due for 3/31/93, set pretrial order, trial briefs, jury charges etc. due for 4/7/93...So Ordered. ( signed by Judge Robert W. Sweet ); Copies mailed (sc) (Entered: 02/05/1993)

Feb. 5, 1993 PACER
51

OPINION # 71149, the Motions of Randall & the Pltffs are granted... SO ORDERED, SWEET, J. ( Signed by Judge Robert W. Sweet ); Copies mailed. (mk) (Entered: 03/15/1993)

March 10, 1993 PACER
52

STIPULATION and ORDER, reset discovery due for 6/30/93, and reset inspection & motions filing deadline for 6/30/93, and extending time of submissions of trial briefs & other papers referred to in Para. 4 of this Court's Order of 2-1-93, to 7-7-93 ( signed by Judge Robert W. Sweet ). (mk) (Entered: 03/16/1993)

March 15, 1993 PACER
53

SCHEDULING ORDER setting Discovery cutoff 6/30/93 ; Pretrial order to be submitted on or before 7/7/93, etc... ; ( signed by Judge Robert W. Sweet ) ; Copies mailed (mk) (Entered: 03/25/1993)

March 25, 1993 PACER
54

SECOND AMENDED COMPLAINT by Janice Whan, Doris Clarkson, (Answer due 4/11/93 for Walter Kelly, for Raul Russi, for Thomas A. Coughlin III, for Robert Greifinger, for Elaine A. Lord, Susan Butler, for Richard C. Surles, for Bridget Gladwin ) amending [2-1] complaint against Daniel Senkowski; Summons issued. (mk) (Entered: 03/31/1993)

March 29, 1993 PACER
55

STIPULATION and ORDER, reset discovery due for 6/30/93, submission of trial briefs etc. is extended to 7/7/93 ( signed by Judge Robert W. Sweet ). (sc) (Entered: 04/01/1993)

April 1, 1993 PACER
56

ANSWER by Bridget Gladwin, Richard C. Surles, Susan Butler, Elaine A. Lord, Robert Greifinger, Thomas A. Coughlin III, Raul Russi, Daniel Senkowski (Attorney Edward Joseph Curtis) to second amended class action complaint ; Firm of: Robert Abrams, Atty General-NY by attorney Edward Joseph Curtis for defendant Daniel Senkowski (sc) (Entered: 05/03/1993)

April 30, 1993 PACER
57

STIPULATION and ORDER, an reset answer to second amended class action complaint due for 4/30/93 for Daniel Senkowski, for Walter Kelly, for Raul Russi, for Thomas A. Coughlin III, for Robert Greifinger, for Marion Borum, for Elaine A. Lord, for Susan Butler, for Richard C. Surles, for Bridget Gladwin ( signed by Judge Robert W. Sweet ). (sc) (Entered: 05/04/1993)

May 3, 1993 PACER
58

Letter filed by Larry - Randall dated 2/9/93 re missing motion papers. (docketed as per chambers instructions) (cd) (Entered: 05/17/1993)

May 14, 1993 PACER
59

NOTICE OF MOTION by Janice Whan, Doris Clarkson to intervene by Larry A. Randall (Dktd. & fld. er instr. of Chambers) (mk) (Entered: 05/18/1993)

May 14, 1993 PACER
60

MEMORANDUM by Janice Whan, Doris Clarkson in support of [59-1] motion to intervene by Larry A. Randall (Dktd. & fld. per instr. of Chambers) (mk) (Entered: 05/18/1993)

May 14, 1993 PACER
61

STIPULATION and ORDER, that the defts do not object to the filing of the Thord Amended Class Action Cmplt dtd.m 5-18-93 ( signed by Judge Robert W. Sweet ). (mk) (Entered: 06/08/1993)

June 7, 1993 PACER
62

Letter filed by Doris Clarkson;s atty. Sandra R. Farber dated 6/7/93 re requests leave to file a third amended cmplt (Dktd. & fld. per instr. of Chambers) (mk) (Entered: 06/09/1993)

June 8, 1993 PACER
63

AMENDED COMPLAINT by Doris Clarkson, (Answer due 6/21/93 for Daniel Senkowski, for Walter Kelly, for Raul Russi, for Thomas A. Coughlin III, for Robert Greifinger, for Elaine A. Lord, for Susan Butler, for Richard C. Surles, for Bridget Gladwin ) amending [2-1] complaint against Stephen Dalsheim; Summons issued. (Dktd. & fld. per instr. of Chambers) (mk) (Entered: 06/09/1993)

June 8, 1993 PACER
64

Affidavit of service as to Bridget Gladwin, Richard C. Surles, Susan Butler, Elaine A. Lord, Marion Borum, Robert Greifinger, Thomas A. Coughlin III, Raul Russi, Walter Kelly, Daniel Senkowski, Stephen Dalsheim by Edward J. Curtis, Esq., NYS Dept. of Law, on 6/8/93 Answer due on 6/28/93 for Bridget Gladwin, for Richard C. Surles, for Susan Butler, for Elaine A. Lord, for Marion Borum, for Robert Greifinger, for Thomas A. Coughlin III, for Raul Russi, for Walter Kelly, for Daniel Senkowski, for Stephen Dalsheim (sc) (Entered: 06/14/1993)

June 11, 1993 PACER
65

SCHEDULING ORDER setting Discovery cutoff 8/30/93 ; Pretrial order to be submitted on or before 9/15/93 ; ( signed by Judge Robert W. Sweet ) ; Copies mailed (mk) (Entered: 07/08/1993)

July 7, 1993 PACER
66

Filed Memo_Endorsement on letter dated 6/26/93, extending time of the discovery schedule for 2 months ...So Ordered. ( signed by Judge Robert W. Sweet ) (sc) (Entered: 07/13/1993)

July 12, 1993 PACER
67

ORDER, defts may take the depositions of Terryton Harrison, Riis Powell, Glennis Robertson & Larry Randall at any prison operated by the NY State Dept. of Correctional Services upon notice to pltffs' counsel & the Superintendent of the prison ( signed by Judge Loretta A. Preska ); Copies mailed (mk) (Entered: 08/20/1993)

Aug. 20, 1993 PACER
68

Filed Memo_Endorsement on letter from Edward J. Curtis, Jr. dated 8/31/93, reset discovery due for 10/20/93 ( signed by Judge Robert W. Sweet ) Copies mailed (mk) Modified on 09/08/1993 (Entered: 09/08/1993)

Sept. 7, 1993 PACER
69

ORDER, that defts may take the depositions of pltffs Terryton Harrison (92-A-1277), Riis Powell (92-A-1275), Glennis Robertson (91-G-0856) & Larry Randall (89-A-4772) upon notice to pltffs' counsel & the Superintendent of the prison ( signed by Judge Robert W. Sweet ); Copies mailed (mk) (Entered: 09/09/1993)

Sept. 8, 1993 PACER
70

ORDER, defts may take the deposition of Mark Brockat any detentionfacility within the State of NY upon notice to pltff's counsel and the warden of the detention facility ( signed by Judge Robert W. Sweet ); Copies mailed (jh) (Entered: 09/30/1993)

Sept. 29, 1993 PACER
71

Filed Memo_Endorsement on letter from Edward J. Curtis, Jr., AAG dated 10/19/93, reset discovery due for 11/3/93... SO ORDERED, SWEET, J. ( signed by Judge Robert W. ) (mk) (Entered: 10/29/1993)

Oct. 28, 1993 PACER
72

SCHEDULING ORDER setting Discovery cutoff 11/3/93 ; Pretrial order to be submitted on or before 11/10/93, etc... ; ( signed by Judge Robert W. Sweet ) ; Copies mailed (mk) (Entered: 11/01/1993)

Oct. 28, 1993 PACER
73

SCHEDULING ORDER setting Discovery cutoff 12/15/93 ; Pretrial order to be submitted on or before 12/22/93 ; ( signed by Judge Robert W. Sweet ) ; Copies mailed (mk) (Entered: 11/03/1993)

Nov. 3, 1993 PACER
74

Filed Memo_Endorsement on letter from Edward J. Curtis, Jr., AAG dated 11/1/93, reset discovery due for 12/15/93... SO ORDERED, SWEET, J. ( signed by Judge Robert W. Sweet ) (mk) (Entered: 11/04/1993)

Nov. 3, 1993 PACER
75

Filed Memo_Endorsement on letter from Janet Sabel dated 12/15/93, reset answer due for 1/7/94 for Stephen Dalsheim, for Daniel Senkowski, for Walter Kelly, for Raul Russi, for Thomas A. Coughlin III, for Robert Greifinger, for Marion Borum, for Elaine A. Lord, for Susan Butler, for Richard C. Surles, Bridget Gladwin, and reset pltff's motion for summ jgmt filing deadline for 1/31/94... SO ORDERED,PRESKA, J. ( signed by Judge Robert W. Sweet ) (mk) (Entered: 12/22/1993)

Dec. 20, 1993 PACER
76

SCHEDULING ORDER setting Discovery cutoff 1/31/94 ; Pretrial order to be submitted on or before 2/9/94 ; ( signed by Judge Robert W. Sweet ) ; Copies mailed (mk) (Entered: 12/22/1993)

Dec. 20, 1993 PACER
77

STIPULATION and ORDER, for leave to file defts Answer to the Third Amended Cmplt dtd. 1-7-94 ( signed by Judge Robert W. Sweet ). (mk) (Entered: 02/08/1994)

Feb. 7, 1994 PACER
78

SCHEDULING ORDER setting Discovery cutoff 5/20/94 ; Pretrial order to be submitted on or before 6/1/94, etc... ; ( signed by Judge Robert W. Sweet ) ; Copies mailed (mk) (Entered: 02/14/1994)

Feb. 9, 1994 PACER
79

Pltff's Notice of Intention to file Pltffs aganst the State if NY (mk) (Entered: 03/16/1994)

March 14, 1994 PACER
80

ORDER dismissing [79-1] remark ( signed by Judge Robert W. Sweet ); Copies mailed (mk) (Entered: 04/07/1994)

April 7, 1994 PACER

Memo endorsed on motion; by Janet Sabel, for an order directing defts to serve all outstanding documents on pltffs by 5/27/94, discovery due for 6/10/94... MOTION GRANTED AS SET FORTH IN OPEN COURT... SO ORDERED, SWEET, J. ( signed by Judge Robert W. Sweet ); Copies mailed. (mk)

May 25, 1994 PACER
82

Filed Memo_Endorsement on letter from Janet Sabel dated 7/15/94, set Pltffs motion for summ jgmt filing deadline for 7/29/94 ( signed by Judge Robert W. Sweet ) Copies mailed (mk) (Entered: 07/25/1994)

July 21, 1994 PACER
83

Rule 3(g) statement filed by Janice Whan (Rcvd. NDB on 8/3/94 at 5:06 p.m.) (mk) (Entered: 08/05/1994)

Aug. 3, 1994 PACER
84

NOTICE OF MOTION by Janice Whan, Doris Clarkson for summary judgment as to pltffs & pltff class on the ground that there is no genuine ssue as to any material fact & all pltffs & pltff class are entitled to jgmt as a matter of law W/attchd. DECLARATION of Janet Sabel, Return date 8/24/94 (Rcvd. NDB on 8/3/94 at 5"05 p.m.) (mk) Modified on 08/09/1994 (Entered: 08/09/1994)

Aug. 3, 1994 PACER
85

Rule 3(g) statement filed by Janice Whan, Doris Clarkson (Rcvd. NDB on 8/3/94 at 5"06 p.m.) (mk) (Entered: 08/09/1994)

Aug. 3, 1994 PACER
86

MEMORANDUM by Janice Whan, Doris Clarkson in support of [84-1] motion for summary judgment as to pltffs & pltff class on the ground that there is no genuine ssue as to any material fact & all pltffs & pltff class are entitled to jgmt as a matter of law (Rcvd. NDB on 8/3/94 at 5:04 p.m.) (mk) (Entered: 08/09/1994)

Aug. 3, 1994 PACER
87

STIPULATION and ORDER, by and between parties Response to motion reset to 10/19/94 [84-1] motion for summary judgment as to pltffs & pltff class on the ground that there is no genuine ssue as to any material fact & all pltffs & pltff class are entitled to jgmt as a matter of law, Return date reset to Return date reset to 11/2/94 [84-1] motion for summary judgment as to pltffs & pltff class on the ground that there is no genuine ssue as to any material fact & all pltffs & pltff class are entitled to jgmt as a matter of law, unless in response to defendants' motion plaintiffs' deem it necessary to obtain additional affidavits, in which case, because of the logistics in communicating with class members, the motion will be returnable on 11/16/94 ...So Ordered,Sweet,J.... ( signed by Judge Robert W. Sweet ). (pl) (Entered: 08/31/1994)

Aug. 30, 1994 PACER
88

ANSWER by Bridget Gladwin, Richard C. Surles, Susan Butler, Elaine A. Lord, Marion Borum, Robert Greifinger, Thomas A. Coughlin III, Raul Russi, Walter Kelly, Daniel Senkowski (Attorney Edward J. Curtis Jr.) to third amended class action complaint ; Firm of: G. Oliver Koppell, Atty General of the State of NY by attorney Edward J. Curtis Jr. for defendants. (dvg) (Entered: 09/29/1994)

Sept. 26, 1994 PACER
89

STIPULATION and ORDER, Response to motion reset to 11/9/94 [84-1] motion for summary judgment as to pltffs & pltff class on the ground that there is no genuine ssue as to any material fact & all pltffs & pltff class are entitled to jgmt as a matter of law, and Return date reset to Return date reset to 11/30/94 [84-1] motion for summary judgment as to pltffs & pltff class on the ground that there is no genuine ssue as to any material fact & all pltffs & pltff class are entitled to jgmt as a matter of law ( signed by Judge Robert W. Sweet ). (jr) (Entered: 10/26/1994)

Oct. 25, 1994 PACER
90

ORDER, the motion for summary judgment in the above action, originally filed August 3, 1994, is hereby marked off the calendar and will be restored on November 2, 1994 ( signed by Judge Robert W. Sweet ); Copies mailed (jr) (Entered: 11/03/1994)

Nov. 3, 1994 PACER
91

STIPULATION and ORDER, Response to motion reset to 11/18/94 [84-1] motion for summary judgment as to pltffs & pltff class on the ground that there is no genuine ssue as to any material fact & all pltffs & pltff class are entitled to jgmt as a matter of law, and Return date reset to Return date reset to 12/7/94 [84-1] motion for summary judgment as to pltffs & pltff class on the ground that there is no genuine ssue as to any material fact & all pltffs & pltff class are entitled to jgmt as a matter of law ( signed by Judge Robert W. Sweet ). (jr) (Entered: 11/22/1994)

Nov. 21, 1994 PACER
92

STIPULATION and ORDER, Response to motion reset to 12/16/94 [84-1] motion for summary judgment as to pltffs & pltff class on the ground that there is no genuine ssue as to any material fact & all pltffs & pltff class are entitled to jgmt as a matter of law, and Reply to Response to Motion reset to 1/13/95 [84-1] motion for summary judgment as to pltffs & pltff class on the ground that there is no genuine ssue as to any material fact & all pltffs & pltff class are entitled to jgmt as a matter of law, and Return date reset to Return date reset to 1/18/95 [84-1] motion for summary judgment as to pltffs & pltff class on the ground that there is no genuine ssue as to any material fact & all pltffs & pltff class are entitled to jgmt as a matter of law ( signed by Judge Robert W. Sweet ). (jr) (Entered: 12/05/1994)

Dec. 2, 1994 PACER
93

STATEMENT of Stephen Dalsheim by Bridget Gladwin, Richard C. Surles, Susan Butler, Elaine A. Lord, Marion Borum, Robert Greifinger, Thomas A. Coughlin III, Raul Russi, Walter Kelly, Daniel Senkowski, Stephen Dalsheim Re: [84-1] motion for summary judgment as to pltffs & pltff class on the ground that there is no genuine ssue as to any material & all pltffs & pltff class are entitled to jgmt as a matter of law (ls) (Entered: 02/03/1995)

Feb. 2, 1995 PACER
94

MEMORANDUM by Bridget Gladwin, Richard C. Surles, Susan Butler, Elaine A. Lord, Marion Borum, Robert Greifinger, Thomas A. Coughlin III, Raul Russi, Walter Kelly, Daniel Senkowski, Stephen Dalsheim in opposition to pltff's motion for summary judgment (ls) (Entered: 02/03/1995)

Feb. 2, 1995 PACER
95

STIPULATION and ORDER, Response to motion reset to 10/19/94 [84-1] motion for summary judgment as to pltffs & pltff class on the ground that there is no genuine ssue as to any material fact & all pltffs & pltff class are entitled to jgmt as a matter of law, Return date reset to 11/2/94 [84-1] motion for summary judgment as to pltffs & pltff class on the ground that there is no genuine ssue as to any material fact & all pltffs & pltff class are entitled to jgmt as a matter of law ( signed by Judge Robert W. Sweet ). (cd) (Entered: 02/08/1995)

Feb. 7, 1995 PACER
96

Filed Memo_Endorsement on letter dated 12/16/95, Return date to 1/25/95 for [84-1] motion for summary judgment as to pltffs & pltff class on the ground that there is no genuine ssue as to any material fact & all pltffs & pltff class are entitled to jgmt as a matter of law ( signed by Judge Robert W. Sweet ) (cd) (Entered: 02/08/1995)

Feb. 7, 1995 PACER
97

MEMORANDUM by Janice Whan, Doris Clarkson in further support of [84-1] motion for summary judgment as to pltffs & pltff class on the ground that there is no genuine ssue as to any material fact & all pltffs & pltff class are entitled to jgmt as a matter of law (mk) (Entered: 02/08/1995)

Feb. 7, 1995 PACER

Motion hearing re: [84-1] motion for summary judgment as to pltffs & pltff class on the ground that there is no genuine ssue as to any material fact & all pltffs & pltff class are entitled to jgmt as a matter of law (jr)

Feb. 8, 1995 PACER
98

MEMORANDUM OPINION # 74917 granting in part, denying in part [84-1] motion for summary judgment as to pltffs & pltff class on the ground that there is no genuine ssue as to any material fact & all pltffs & pltff class are entitled to jgmt as a matter of law ( Signed by Judge Robert W. Sweet ); Copies mailed. (cd) (Entered: 06/21/1995)

June 16, 1995 Clearinghouse
100

NOTICE OF APPEAL by Faris Abdul-Matiyn ; from [98-1] order . Copies of notice of appeal mailed to Attorney(s) of Record: NYS Atty. General. (as) (Entered: 09/22/1995)

Aug. 28, 1995 PACER

State / Territory: New York

Case Type(s):

Prison Conditions

Disability Rights/Public Accommodations

Special Collection(s):

Post-PLRA enforceable consent decrees

Deaf or Blind in Jail/Prison

Key Dates

Filing Date: March 15, 1991

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

deaf and hearing impaired inmates at state prisons in New York

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

New York Department of Correctional Services, State

Defendant Type(s):

Corrections

Case Details

Causes of Action:

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

Availably Documents:

Trial Court Docket

Injunctive (or Injunctive-like) Relief

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: 1996 - None

Content of Injunction:

Preliminary relief granted

Reasonable Accommodation

Discrimination Prohibition

Develop anti-discrimination policy

Issues

General:

Placement in detention facilities

Reasonable Accommodations

Discrimination-area:

Medical Exam / Inquiry

Discrimination-basis:

Disability (inc. reasonable accommodations)

Sex discrimination

Affected Gender:

Female

Male

Disability:

Hearing impairment

Type of Facility:

Government-run