Case: Eng v. Smith

1:80-cv-00385 | U.S. District Court for the Western District of New York

Filed Date: May 5, 1980

Closed Date: 2002

Clearinghouse coding complete

Case Summary

On May 5, 1980, inmates of the Special Housing Unit in the Attica Correctional Facility in New York filed a class action lawsuit under 42 U.S.C. § 1983 against the New York Department of Corrections in the U.S. District Court for the Western District of New York. The plaintiffs, represented by the Legal Aid Society and Prisoners' Legal Services of New York, asked the Court for declaratory and injunctive relief and alleged the following constitutional violations: the use of excessive force by p…

On May 5, 1980, inmates of the Special Housing Unit in the Attica Correctional Facility in New York filed a class action lawsuit under 42 U.S.C. § 1983 against the New York Department of Corrections in the U.S. District Court for the Western District of New York. The plaintiffs, represented by the Legal Aid Society and Prisoners' Legal Services of New York, asked the Court for declaratory and injunctive relief and alleged the following constitutional violations: the use of excessive force by prison guards, inhibition of religious exercise, inadequate ventilation, inadequate exercise, inadequate health care, denial of food, lack of sanitation, deprivation of clothing, improper classification, and denial of access to courts.

On January 28, 1988, the U.S. District Court for the Western District of New York (Judge Michael A. Telesca) granted preliminary injunctive relief to the plaintiffs. The defendants appealed. On June 13, 1988, the U.S. Court of Appeals for the Second Circuit (Judge Wilfred Feinberg) affirmed the District Court's decision to grant the preliminary injunction. Eng v. Smith, 849 F.2d 80 (2nd Cir. 1988).

Previously, on October 9, 1985, the prison correctional officers' union (Council 82) asked the District Court to allow them to intervene as defendants in the case. On April 1, 1988, the District Court (Judge Telesca) denied the request for intervention. The would-be interveners appealed. On January 12, 1989, the Second Circuit (Judge Joseph Edward Lumbard) dismissed the appeal. Eng v. Coughlin, 865 F.2d 521 (2nd Cir. 1989).

On November 2, 1992, the parties entered into a partial settlement agreement, which the District Court (Judge William Skretny) entered as a Consent Decree in the case. On February 10, 1995, the court approved a stipulated dismissal of the plaintiffs' claims regarding food, exercise, sanitation, and religion. On March 9, 1998, the District Court approved the voluntarily dismissal of plaintiffs' claims relating to the mental health issue.

Discovery and negotiations continued on the remaining issues for several years.

On April 29, 2002, the District Court approved the plaintiffs' voluntary stipulation of dismissal and dismissed without prejudice the remaining claims of inadequate access to the law library and to legal research materials for monolingual Spanish speaking inmates.

No further substantive action is reflected on the PACER docket.

Summary Authors

Kristen Sagar (11/9/2006)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/11154133/parties/eng-v-coughlin/


Judge(s)
Attorney for Plaintiff

Draves, Karen (New York)

Attorney for Defendant

Abrams, Robert W. (New York)

Crary, Peter (New York)

Cream, Douglas S. (New York)

Dunn, Ronald (New York)

Expert/Monitor/Master/Other

Documents in the Clearinghouse

Documents in this case

1:80-cv-00385

Docket (PACER)

Eng v. Coughlin

Nov. 6, 2002

Nov. 6, 2002

Docket

1:80-cv-00385

Complaint

May 6, 1980

May 6, 1980

Complaint

1:84-cv-05056

Complaint

Eng v. Coughlin

U.S. District Court for the Southern District of New York

April 5, 1983

April 5, 1983

Complaint

88-02101

Opinion

U.S. Court of Appeals for the Second Circuit

June 13, 1988

June 13, 1988

Order/Opinion

849 F.2d 80

88-02207

Opinion

Eng v. Coughlin

U.S. Court of Appeals for the Second Circuit

Jan. 12, 1989

Jan. 12, 1989

Order/Opinion

865 F.2d 521

1:84-cv-05056

Opinion and Order

Eng v. Scully

U.S. District Court for the Southern District of New York

June 2, 1989

June 2, 1989

Order/Opinion

1989 WL 63035

1:80-cv-00385

Decision and Order

Eng v. Coughlin

Nov. 22, 1989

Nov. 22, 1989

Order/Opinion

726 F.Supp. 40

1:84-cv-05056

Opinion and Order

Eng v. Scully

U.S. District Court for the Southern District of New York

Feb. 1, 1993

Feb. 1, 1993

Order/Opinion

146 F.R.D. 74

1:80-cv-00385

Report of Stuart Grassian, M.D.

Eng. v. Goord

June 1, 1999

June 1, 1999

Monitor/Expert/Receiver Report

1:80-cv-00385

Rule 41 Voluntary Stipulation of Dismissal Subject to Conditions

Eng v. Goord

Jan. 1, 2000

Jan. 1, 2000

Settlement Agreement

Docket

See docket on RECAP: https://www.courtlistener.com/docket/11154133/eng-v-coughlin/

Last updated Nov. 3, 2026, 8:40 a.m.

Docket for: Eng v. Coughlin
ECF Number Date Description Link
Jan. 22, 1992

Minute entry: status conf. held; nonjy trial re: "medical claim" adj'd to 6/15/92; dft to complete depositions by 3/17/92 and to respond to pltf's pre-trl stmts by 2/24/92; pltf to review his injunctive relief application, redraft, if any, to be filed & served n/l/t 2/5/92; stat. conf. adj'd to 3/16/92 @ 9:30 a.m. (former empl) (Entered: 01/31/1992)

PACER
Jan. 22, 1992

Minute entry: status conf. held; nonjy trial re: "medical claim" adj'd to 6/15/92; dft to complete depositions by 3/17/92 and to respond to pltf's pre-trl stmts by 2/24/92; pltf to review his injunctive relief application, redraft, if any, to be filed & served n/l/t 2/5/92; stat. conf. adj'd to 3/16/92 @ 9:30 a.m. (former empl)

756 Jan. 24, 1992

ORDER, Pltf may submit add'l legal memo n/l/t 2/5/92; set Scheduling Order Deadlines: Deposition deadline on 3/17/92; Pretrial conference at 9:30 3/16/92; Trial Date re: adequacy of med'l care adj'd to 5/15/92; Pretrial Statements to be filed by 2/24/92 ( signed by Judge William M. Skretny ) Notice and copy of order sent to Robert Hite, Joseph L. Gerkin, Douglas S. Cream, Charles D. Steinman, David Molik (former empl) (Entered: 01/24/1992)

RECAP
Jan. 24, 1992

Consolidated Lead Case (former empl) (Entered: 01/24/1992)

PACER
Jan. 24, 1992

Consolidated Lead Case (former empl)

757 Feb. 6, 1992

ORDER, to Extend Time for pltf's pre-trial brief to be submitted to 2/7/92 ( signed by Judge William M. Skretny ) Notice and copy of order sent to Robert Hite, Joseph L. Gerkin, Douglas S. Cream, Charles D. Steinman, David Molik (former empl) (Entered: 02/06/1992)

RECAP
758 Feb. 26, 1992

Filed DEFENDANTS' EXHIBIT LIST (former empl) (Entered: 02/26/1992)

RECAP
759 Feb. 26, 1992

PRETRIAL STATEMENT by Dft's Harold J. Smith, Charles James, Keith Countermine (former empl) (Entered: 02/26/1992)

RECAP
760 Feb. 26, 1992

CERTIFICATE OF SERVICE by Charles D. Steinman, re items #758 & 759 (former empl) (Entered: 02/26/1992)

RECAP
March 16, 1992

Minute entry: Status conf. held; reset Status Conference for 9:30 5/7/92 (former empl) (Entered: 03/20/1992)

PACER
March 16, 1992

Minute entry: Status conf. held; reset Status Conference for 9:30 5/7/92 (former empl)

761 March 17, 1992

ORDER, reset Status Conference for 9:30 5/7/92, etc. ( signed by Judge William M. Skretny ) Notice and copy of order sent to Robert Hite, Joseph L. Gerkin, Douglas S. Cream, Charles D. Steinman, David Molik (former empl) (Entered: 03/18/1992)

RECAP
762 April 28, 1992

ORDER, reset Scheduling Order Deadlines: Discovery deadline (depositions of expert witnesses) on 5/15/92; Pretrial conference at 4:00 5/20/92 ( signed by Judge William M. Skretny ) Notice and copy of order sent to Robert Hite, Joseph L. Gerkin, Douglas S. Cream, Charles D. Steinman, David Molik (former empl) (Entered: 04/29/1992)

RECAP
April 30, 1992

Minute entry: status conf. held; pltf to provide ct w/ current witness list & deposition testimony to be used at trial n/l/t 5/8/92; Agreed Ct does not have to resolve grand jy issue prior to this segment of trial. (former empl) (Entered: 05/04/1992)

PACER
April 30, 1992

Minute entry: status conf. held; pltf to provide ct w/ current witness list & deposition testimony to be used at trial n/l/t 5/8/92; Agreed Ct does not have to resolve grand jy issue prior to this segment of trial. (former empl)

763 May 5, 1992

NOTICE by atty for Harold J. Smith, Charles James, Keith Countermine to take deposition of Joseph Jamal Kitt on 6/19/92 @ 10:00 a.m. @ Wende C. F., w/ aff of svc. --NOTE: THIS ENTRY MADE IN ERROR. DOCUMENT DOES NOT BELONG IN THIS CASE.-- (former empl) Modified on 06/11/1992 (Entered: 05/06/1992)

RECAP
764 May 15, 1992

Letter MOTION by Jamal Kitt for Appointment of Counsel and containing objections to being deposed. --NOTE: THIS ENTRY MADE IN ERROR. THIS ITEM DOES NOT BELONG IN THIS CASE.-- (former empl) Modified on 06/11/1992 (Entered: 05/15/1992)

RECAP
May 20, 1992

Minute entry: stat. cnf. held; depositions complete except for dfts' expert Dr. Hines; Ct. requests proposed findings of fact & conclusions of law w/ redacted dr's repts from parties; pltf has tendered settlemt offer to dft; final pre-trial conf. to be scheduled. (former empl) (Entered: 05/22/1992)

PACER
May 20, 1992

Minute entry: stat. cnf. held; depositions complete except for dfts' expert Dr. Hines; Ct. requests proposed findings of fact & conclusions of law w/ redacted dr's repts from parties; pltf has tendered settlemt offer to dft; final pre-trial conf. to be scheduled. (former empl)

765 May 22, 1992

ORDER, set Scheduling Order Deadlines: Final Pretrial conference at 4:30 6/8/92, and set Pretrial Instructions deadline to 6/4/92 (for counsel to submit updated exhibit lists to Ct on floppy disk, etc.) ( signed by Judge William M. Skretny ) Notice and copy of order sent to Robert Hite, Joseph L. Gerkin, Douglas S. Cream, Charles D. Steinman, David Molik (former empl) (Entered: 05/27/1992)

RECAP
766 June 4, 1992

ORDER, for Clerk to issue Writ of Habeas Corpus Ad Testificandum for Luis Feliciano on 6/17/92, etc. ( signed by Judge William M. Skretny ) Notice and copy of order sent to Robert Hite, Joseph L. Gerkin, Douglas S. Cream, Charles D. Steinman, David Molik (former empl) (Entered: 06/04/1992)

RECAP
767 June 4, 1992

ORDER, for Clerk to issue Writ of Habeas Corpus Ad Testificandum for Melvin Mason on 6/17/92, etc. ( signed by Judge William M. Skretny ) Notice and copy of order sent to Robert Hite, Joseph L. Gerkin, Douglas S. Cream, Charles D. Steinman, David Molik (former empl) (Entered: 06/04/1992)

RECAP
768 June 4, 1992

ORDER, for Clerk to issue Writ of Habeas Corpus Ad Testificandum for Donald Brusso on 6/17/92, etc. ( signed by Judge William M. Skretny ) Notice and copy of order sent to Robert Hite, Joseph L. Gerkin, Douglas S. Cream, Charles D. Steinman, David Molik (former empl) (Entered: 06/04/1992)

RECAP
769 June 4, 1992

ORDER, for Clerk to issue Writ of Habeas Corpus Ad Testificandum for Dean Simonds on 6/17/92, etc. ( signed by Judge William M. Skretny ) Notice and copy of order sent to Robert Hite, Joseph L. Gerkin, Douglas S. Cream, Charles D. Steinman, David Molik (former empl) (Entered: 06/04/1992)

RECAP
770 June 4, 1992

ORDER, for Clerk to issue Writ of Habeas Corpus Ad Testificandum for Geraldo Herrera on 6/17/92, etc. ( signed by Judge William M. Skretny ) Notice and copy of order sent to Robert Hite, Joseph L. Gerkin, Douglas S. Cream, Charles D. Steinman, David Molik (former empl) (Entered: 06/04/1992)

RECAP
771 June 4, 1992

ORDER, for Clerk to issue Writ of Habeas Corpus Ad Testificandum for Gerald Engles on 6/17/92, etc. ( signed by Judge William M. Skretny ) Notice and copy of order sent to Robert Hite, Joseph L. Gerkin, Douglas S. Cream, Charles D. Steinman, David Molik (former empl) (Entered: 06/04/1992)

RECAP
772 June 4, 1992

ORDER, for Clerk to issue Writ of Habeas Corpus Ad Testificandum for Leon Wright on 6/17/92, etc. ( signed by Judge William M. Skretny ) Notice and copy of order sent to Robert Hite, Joseph L. Gerkin, Douglas S. Cream, Charles D. Steinman, David Molik (former empl) (Entered: 06/04/1992)

RECAP
773 June 4, 1992

ORDER, for Clerk to issue Writ of Habeas Corpus Ad Testificandum for Wilson Tangerife on 6/17/92, etc. ( signed by Judge William M. Skretny ) Notice and copy of order sent to Robert Hite, Joseph L. Gerkin, Douglas S. Cream, Charles D. Steinman, David Molik (former empl) (Entered: 06/04/1992)

RECAP
774 June 4, 1992

ORDER, for Clerk to issue Writ of Habeas Corpus Ad Testificandum for William Walker on 6/17/92, etc. ( signed by Judge William M. Skretny ) Notice and copy of order sent to Robert Hite, Joseph L. Gerkin, Douglas S. Cream, Charles D. Steinman, David Molik (former empl) (Entered: 06/04/1992)

RECAP
June 4, 1992

WRIT of Habeas Corpus Ad Testificandum issued for Geraldo Herrera on 6/17/92 @ 9:00 a.m. (orig'l & 1 Cert. cpy to U.S. Marshal, 2 cert. cpy to atty. gen'l, 1 cert cpy to supt. Arthur Leonardo, 1 cpy to Robert Hite, Joseph Gerkin, Charles Steinman, & David Molik) (former empl) (Entered: 06/04/1992)

PACER
June 4, 1992

WRIT of Habeas Corpus Ad Testificandum issued for Gerald Engles on 6/17/92 @ 9:00 a.m. (orig'l & 1 Cert. cpy to U.S. Marshal, 2 cert. cpy to atty. gen'l, 1 cert. cpy to Supt. Daniel Senkowski, 1 cpy to Robert Hite, Joseph Gerkin, Charles Steinman, & David Molik) (former empl) (Entered: 06/04/1992)

PACER
June 4, 1992

WRIT of Habeas Corpus Ad Testificandum issued for Leon Wright on 6/17/92 @ 9:00 a.m. (orig'l & 1 Cert. cpy to U.S. Marshal, 2 cert. cpy to atty. gen'l, 1 cert. cpy to supt. Walter Kelly, 1 cpy to Robert Hite, Joseph Gerkin, Charles Steinman & David Molik) (former empl) (Entered: 06/04/1992)

PACER
June 4, 1992

WRIT of Habeas Corpus Ad Testificandum issued for Wilson Tangerife on 6/17/92 @ 9:00 a.m. (orig'l & 1 cert cpy to U.S. Marshal, 2 cert cpy to atty. gen'l, 1 cert cpy to supt. Walter Kelly, 1 cpy to Robert Hite, Joseph Gerkin, Charles Steinman & David Molik) (former empl) (Entered: 06/04/1992)

PACER
June 4, 1992

WRIT of Habeas Corpus Ad Testificandum issued for Luis Feliciano on 6/17/92 @ 9:00. Orig. & 1 cert cpy to U.S. Marshal, 2 cert. cpy to atty gen'l, 1 cert cpy to Supt. Hans Walker, & 1 cpy to Robert Hite, Joseph Gerkin, Charles Steinman & David Molik. (former empl)

June 4, 1992

WRIT of Habeas Corpus Ad Testificandum issued for Melvin Mason on 6/17/92 @ 9:00 a.m. (Orig. & 1 Cert cpy to U.S. Marshal, 2 cert cpy to atty gen'l, 1 cert cpy to Supt. Arthur Leonardo, 1 cpy to Robert Hite, Joseph Gerkin, Charles Steinman, & David Molik) (former empl)

June 4, 1992

WRIT of Habeas Corpus Ad Testificandum issued for Donald Brusso on 6/17/92 @ 9:00 a.m. (Orig'l & 1 Cert cpy to U.S. Marshal, 2 cert. cpy to atty. gen'l, 1 cert cpy to supt. Arthur Leonardo, 1 cpy to Robert Hite, Joseph Gerkin, Charles Steinman, & David Molik.) (former empl)

June 4, 1992

WRIT of Habeas Corpus Ad Testificandum issued for Dean Simonds on 6/17/92 @ 9:00 a.m. (orig'l & 1 cert cpy to U.S. Marshal, 2 Cert. cpy to atty. gen'l, 1 cert. cpy to Supt. Hans Walker, 1 cpy to Robert Hite, Joseph Gerkin, Charles Steinman, & David Molik) (former empl)

June 4, 1992

WRIT of Habeas Corpus Ad Testificandum issued for Geraldo Herrera on 6/17/92 @ 9:00 a.m. (orig'l & 1 Cert. cpy to U.S. Marshal, 2 cert. cpy to atty. gen'l, 1 cert cpy to supt. Arthur Leonardo, 1 cpy to Robert Hite, Joseph Gerkin, Charles Steinman, & David Molik) (former empl)

June 4, 1992

WRIT of Habeas Corpus Ad Testificandum issued for Gerald Engles on 6/17/92 @ 9:00 a.m. (orig'l & 1 Cert. cpy to U.S. Marshal, 2 cert. cpy to atty. gen'l, 1 cert. cpy to Supt. Daniel Senkowski, 1 cpy to Robert Hite, Joseph Gerkin, Charles Steinman, & David Molik) (former empl)

June 4, 1992

WRIT of Habeas Corpus Ad Testificandum issued for Leon Wright on 6/17/92 @ 9:00 a.m. (orig'l & 1 Cert. cpy to U.S. Marshal, 2 cert. cpy to atty. gen'l, 1 cert. cpy to supt. Walter Kelly, 1 cpy to Robert Hite, Joseph Gerkin, Charles Steinman & David Molik) (former empl)

June 4, 1992

WRIT of Habeas Corpus Ad Testificandum issued for Wilson Tangerife on 6/17/92 @ 9:00 a.m. (orig'l & 1 cert cpy to U.S. Marshal, 2 cert cpy to atty. gen'l, 1 cert cpy to supt. Walter Kelly, 1 cpy to Robert Hite, Joseph Gerkin, Charles Steinman & David Molik) (former empl)

June 4, 1992

WRIT of Habeas Corpus Ad Testificandum issued for William Walker on 6/17/92 @ 9:00 a.m. (orig'l & 1 cert cpy to U.S. Marshal, 2 cert cpy to atty gen'l, 1 cert cpy to Supt. Walter Kelly, 1 cpy to Robert Hite, Joseph Gerkin, Charles Steinman & David Molik) (former empl)

June 4, 1992

WRIT of Habeas Corpus Ad Testificandum issued for Luis Feliciano on 6/17/92 @ 9:00. Orig. & 1 cert cpy to U.S. Marshal, 2 cert. cpy to atty gen'l, 1 cert cpy to Supt. Hans Walker, & 1 cpy to Robert Hite, Joseph Gerkin, Charles Steinman & David Molik. (former empl) (Entered: 06/04/1992)

PACER
June 4, 1992

WRIT of Habeas Corpus Ad Testificandum issued for Melvin Mason on 6/17/92 @ 9:00 a.m. (Orig. & 1 Cert cpy to U.S. Marshal, 2 cert cpy to atty gen'l, 1 cert cpy to Supt. Arthur Leonardo, 1 cpy to Robert Hite, Joseph Gerkin, Charles Steinman, & David Molik) (former empl) (Entered: 06/04/1992)

PACER
June 4, 1992

WRIT of Habeas Corpus Ad Testificandum issued for Donald Brusso on 6/17/92 @ 9:00 a.m. (Orig'l & 1 Cert cpy to U.S. Marshal, 2 cert. cpy to atty. gen'l, 1 cert cpy to supt. Arthur Leonardo, 1 cpy to Robert Hite, Joseph Gerkin, Charles Steinman, & David Molik.) (former empl) (Entered: 06/04/1992)

PACER
June 4, 1992

WRIT of Habeas Corpus Ad Testificandum issued for Dean Simonds on 6/17/92 @ 9:00 a.m. (orig'l & 1 cert cpy to U.S. Marshal, 2 Cert. cpy to atty. gen'l, 1 cert. cpy to Supt. Hans Walker, 1 cpy to Robert Hite, Joseph Gerkin, Charles Steinman, & David Molik) (former empl) (Entered: 06/04/1992)

PACER
June 8, 1992

Minute entry: final pre-trl conf held; parties to try to settle medical claim by end of week; reset telephone Status Conference for 3:00 6/10/92 ; Marshals request prisoner witnesses be scheduled to testify for 2 days; dft submitted proposed findings of fact & conclusions of law. (former empl) (Entered: 06/11/1992)

PACER
June 8, 1992

Minute entry: final pre-trl conf held; parties to try to settle medical claim by end of week; reset telephone Status Conference for 3:00 6/10/92 ; Marshals request prisoner witnesses be scheduled to testify for 2 days; dft submitted proposed findings of fact & conclusions of law. (former empl)

June 10, 1992

Minute entry: status conf. held: Parties have reached agreement in principle & are awaiting approval from respective agencies; Ct. to track status day-to-day; non-jy trial scheduled for 6/15/92 adjourned generally; reset Status Conference for 9:00 6/15/92 (former empl) (Entered: 06/12/1992)

PACER
June 10, 1992

Minute entry: status conf. held: Parties have reached agreement in principle & are awaiting approval from respective agencies; Ct. to track status day-to-day; non-jy trial scheduled for 6/15/92 adjourned generally; reset Status Conference for 9:00 6/15/92 (former empl)

June 15, 1992

Minute entry: dft has rec'd verbal approval to settle medical claim segment of trial; necessary doc'ts to be finalized & signed. Settlement negotiations ongoing re: law library segment of trial. Reset Status Conference for 9:00 6/22/92 (former empl) (Entered: 06/17/1992)

PACER
June 15, 1992

Minute entry: dft has rec'd verbal approval to settle medical claim segment of trial; necessary doc'ts to be finalized & signed. Settlement negotiations ongoing re: law library segment of trial. Reset Status Conference for 9:00 6/22/92 (former empl)

775 June 18, 1992

ORDER, reset Status Conference for 9:00 6/22/92 ; parties to discuss consummating settlemt of med'l care segment of trial, and status of adequacy of law library segment. ( signed by Judge William M. Skretny ) Notice and copy of order sent to Robert Hite, Joseph L. Gerkin, Douglas S. Cream, Charles D. Steinman, David Molik (former empl) (Entered: 06/18/1992)

RECAP
June 22, 1992

Minute entry: status conf. held; dft has signed proposed settlemt Stip'n and to forward same to all pltfs & any other members of class; pltfs to inform counsel if they have any objections to stip'n by 8/7/92; pltf to provide dft w/ settlemt proposal for law library claim by 7/10/92; Status Conference for 9:00 7/16/92 re: law library claim & mental health claim; add'l status conf. scheduled for 8/17/92 re: any objections to settlemt stip'n on medical claim segment. (former empl) (Entered: 06/25/1992)

PACER
June 22, 1992

Minute entry: status conf. held; dft has signed proposed settlemt Stip'n and to forward same to all pltfs & any other members of class; pltfs to inform counsel if they have any objections to stip'n by 8/7/92; pltf to provide dft w/ settlemt proposal for law library claim by 7/10/92; Status Conference for 9:00 7/16/92 re: law library claim & mental health claim; add'l status conf. scheduled for 8/17/92 re: any objections to settlemt stip'n on medical claim segment. (former empl)

July 16, 1992

Minute entry: no appces @ scheduled status conf.; reset Status Conference for 9:00 8/17/92 (former empl) (Entered: 07/21/1992)

PACER
July 16, 1992

Minute entry: no appces @ scheduled status conf.; reset Status Conference for 9:00 8/17/92 (former empl)

776 July 20, 1992

LETTER dtd 10/2/89 from AAG Charles D. Steinman to Judge Telesca re: dfts will not respond to pltf's mtn for order permitting disclosure of witness testimony, but will join in response to be submitted by US Atty's Ofc, etc. (former empl) (Entered: 07/22/1992)

RECAP
777 Aug. 6, 1992

ORDER, reset Status Conference for 9:00 8/25/92 ( signed by Judge William M. Skretny ) Notice and copy of order sent to Robert Hite, Joseph L. Gerken, Douglas S. Cream, Charles D. Steinman, David Molik (former empl) (Entered: 08/07/1992)

RECAP
Aug. 25, 1992

Minute entry: status conf. scheduled for today adj'd gen'ly; pltf's atty to contact ctrm deputy on 8/27/92 to reschedule. (former empl) (Entered: 08/26/1992)

PACER
Aug. 25, 1992

Minute entry: status conf. scheduled for today adj'd gen'ly; pltf's atty to contact ctrm deputy on 8/27/92 to reschedule. (former empl)

Sept. 2, 1992

Minute entry: status conf held; common period expired; pltf to provide various doc'ts to ct; settlemt to be completed w/i 30 days re: mental health claim; trial scheduled for 11/92 adj'l gen'ly reset Status Conference for 9:00 10/15/92 (former empl) (Entered: 09/04/1992)

PACER
Sept. 2, 1992

Minute entry: status conf held; common period expired; pltf to provide various doc'ts to ct; settlemt to be completed w/i 30 days re: mental health claim; trial scheduled for 11/92 adj'l gen'ly reset Status Conference for 9:00 10/15/92 (former empl)

778 Sept. 9, 1992

ORDER, RE: Mental Health segment of trial: reset Scheduling Order Deadlines: Status conference for 9:00 10/15/92, trial date set for 11/17/92 adj'd gen'ly. ( signed by Judge William M. Skretny ) Notice and copy of order sent to Robert Hite, Joseph L. Gerken, Douglas S. Cream, Charles D. Steinman, David Molik (former empl) (Entered: 09/11/1992)

RECAP
Oct. 15, 1992

Status conference held; crt to approve medical settlement w/accompanying order; status conferences scheduled as follows: library claim-ll/l3/92, mental health claim-l2/l5/92, remaining claims-l/l5/93, etc. (mj) (Entered: 10/19/1992)

PACER
Oct. 15, 1992

Status conference held; crt to approve medical settlement w/accompanying order; status conferences scheduled as follows: library claim-ll/l3/92, mental health claim-l2/l5/92, remaining claims-l/l5/93, etc. (mj)

779 Oct. 16, 1992

ORDER directing that a status conf is set for ll/l3/92 re: library issue; status conf is set for l2/l5/92 re: mental health issue; and a status conf is set for l/l5/93 for all other outstanding issues ( signed by Judge William M. Skretny ) Notice and copy of order sent to Robert Hite, Joseph L. Gerken, Douglas S. Cream, Charles D. Steinman, David Molik (mj) (Entered: 10/19/1992)

RECAP
780 Nov. 2, 1992

ORDER, directing that Court approves the Settlement Agreement executed in June l992 and dismisses Phase I of this litigation re: living conditions, etc. in the Special Housing Unit, etc. ( signed by Judge William M. Skretny ) Notice and copy of order sent to Robert Hite, Joseph L. Gerken, Douglas S. Cream, Charles D. Steinman, David Molik (mj) (Entered: 11/04/1992)

RECAP
781 Nov. 2, 1992

SETTLEMENT AGREEMENT and JUDGMENT which settles phase l of lawsuit and action ( signed by Judge William M. Skretny ). Notice and copy of judgment sent to Robert Hite, Joseph L. Gerken, Douglas S. Cream, Charles D. Steinman, David Molik (mj) (Entered: 11/04/1992)

RECAP
782 Nov. 13, 1992

ORDER, set Status Conference for 9:00 12/15/92 ( signed by Judge William M. Skretny ) Notice and copy of order sent to Robert Hite, Joseph L. Gerken, Douglas S. Cream, Charles D. Steinman, David Molik (mj) (Entered: 11/17/1992)

RECAP
Nov. 13, 1992

Minute entry: Status conf held; attys to work on stipulation regarding library claim; final status report set for l2/l5/92, etc. (mj) (Entered: 11/19/1992)

PACER
Nov. 13, 1992

Minute entry: Status conf held; attys to work on stipulation regarding library claim; final status report set for l2/l5/92, etc. (mj)

Dec. 21, 1992

Minute entry: Status conf held; law library case has settled; proposed stipulation to be submitted, etc.; status conference regarding mental health claim and remaining claims set for 2/l/93; previously scheduled conference set for l/l5/93 is adjourned. (mj) (Entered: 12/22/1992)

PACER
Dec. 21, 1992

Minute entry: Status conf held; law library case has settled; proposed stipulation to be submitted, etc.; status conference regarding mental health claim and remaining claims set for 2/l/93; previously scheduled conference set for l/l5/93 is adjourned. (mj)

783 Dec. 23, 1992

ORDER, Status conf set for 1/15/93 cancelled; reset Status Conference for 9:00 2/1/93 ; pltf's settlemt proposal to be sent to dfts by 12/31/92 re: mental health claim. ( signed by Judge William M. Skretny ) Notice and copy of order sent to Robert Hite, Joseph L. Gerken, Douglas S. Cream, Charles D. Steinman, David Molik (former empl) (Entered: 01/05/1993)

RECAP
Feb. 1, 1993

Status conference held - law library claim stip'n signed by dft; issue of interpreters to be dealt w/ separately & to include any service requiring oral communication; counsel to work on agreemt to settle food, exercise, religion & sanitation claims - status conf. set for 5/3/93 @ 9:00 a.m., settlemt to be completed by 8/2/93 @ 9:00 when another stat cnf. will be held; pltf submitted draft proposal to dfts re: mental health claim, stat cnf on that claim set for 9:00 3/3/93 (former empl) (Entered: 02/04/1993)

PACER
Feb. 1, 1993

Status conference held - law library claim stip'n signed by dft; issue of interpreters to be dealt w/ separately & to include any service requiring oral communication; counsel to work on agreemt to settle food, exercise, religion & sanitation claims - status conf. set for 5/3/93 @ 9:00 a.m., settlemt to be completed by 8/2/93 @ 9:00 when another stat cnf. will be held; pltf submitted draft proposal to dfts re: mental health claim, stat cnf on that claim set for 9:00 3/3/93 (former empl)

784 Feb. 5, 1993

ORDER, reset Status Conference for 9:00 3/3/93 re: matter of mental health stip'n; set conf. ddl for 5/3/93 @ 9:00 re: remaining trial phases which are now topic of settlemt negotiations; set negotiations ddl & Status Report deadline to 9:00 8/2/93 re: above 4 remaining phases; further stat. conf. re: issue of final phases of litigation to follow 8/2/93 stat. conf. ( signed by Judge William M. Skretny ) Notice and copy of order sent to Robert Hite, Joseph L. Gerken, Douglas S. Cream, Charles D. Steinman, David Molik (former empl) (Entered: 02/08/1993)

RECAP
March 30, 1993

Status conference held - class to be notified of law library settlement; counsel to meet w/ nec. parties re: mental health claim n/l/t 7/1/93, Ct to be notified by 8/1/93 if intervention nec.; final settlement conf set for 9:00 9/28/93 re: mental health claim & status of all remaining claims; counsel to advise ct. of status of Anderson case, etc. (former empl) (Entered: 04/01/1993)

PACER
March 30, 1993

Status conference held - class to be notified of law library settlement; counsel to meet w/ nec. parties re: mental health claim n/l/t 7/1/93, Ct to be notified by 8/1/93 if intervention nec.; final settlement conf set for 9:00 9/28/93 re: mental health claim & status of all remaining claims; counsel to advise ct. of status of Anderson case, etc. (former empl)

785 April 1, 1993

ORDER, set Status Conference for 9:00 5/3/93 re: food exercise, religion & sanitation claims; w/i 90 days from this order, parties to meet to discuss settlement of mental health claim; set Status Report deadline for 7/1/93 for pltf's counsel to submit rept re: progress of settlement of mental health claim; Counsel to appear on 9/28/93 @ 9:00 re: final settlement rept on mental health claim & status conf. on plexiglass & mistreatmt claims, etc. ( signed by Judge William M. Skretny ) Notice and copy of order sent to Robert Hite, Joseph L. Gerken, Douglas S. Cream, Charles D. Steinman, David Molik (former empl) (Entered: 04/05/1993)

RECAP
May 3, 1993

Status conference held - short addendum letter to be filed w/consent order & jgmt; parties still working re settlement of remaining claims (former empl) (Entered: 05/14/1993)

PACER
May 3, 1993

Status conference held - short addendum letter to be filed w/consent order & jgmt; parties still working re settlement of remaining claims (former empl)

786 May 7, 1993

ORDER, set Status Conference for 9:00 7/1/93 re the food, exercise, sanitation & religion claims; ( signed by Judge William M. Skretny ) Notice and copy of order sent to Robert Hite, Joseph L. Gerken, Douglas S. Cream, Charles D. Steinman, David Molik (former empl) (Entered: 05/07/1993)

RECAP
787 May 25, 1993

ORDER, Approving Voluntary Stipulation & Dismissing law library/access to courts claim w/o prejudice subject to refiling w/o costs in event of enforcement action brought in good faith to enforce terms of stipulation ( signed by Judge William M. Skretny ) Notice and copy of order sent to Robert Hite, Joseph L. Gerken, Douglas S. Cream, Charles D. Steinman, David Molik (former empl) (Entered: 05/27/1993)

RECAP
788 May 25, 1993

LETTER to Judge Skretny from Joseph Gerken dated 5/14/93 (former empl) (Entered: 05/27/1993)

RECAP
789 May 25, 1993

VOLUNTARY STIPULATION and ORDER, Dismissing access to court-law library claim pursuant to Rule 41(1)(1)(ii) signed by Judge William M. Skretny . Notice and copy of order sent to Robert Hite, Joseph L. Gerken, Douglas S. Cream, Charles D. Steinman, David Molik . (former empl) (Entered: 05/27/1993)

RECAP
790 May 28, 1993

LETTER (Memorandum) to Members of pltf class from Jospeh L. Gerken dated 4/5/93 re Proposed Settlement of the Law Library Claim (attached to Decision & Order dismissing Law Library Claim #787) (former empl) (Entered: 06/01/1993)

RECAP
791 July 1, 1993

ORDER, reset Status Conference for 7/8/93 ( signed by Judge William M. Skretny ) Notice and copy of order sent to Robert Hite, Joseph L. Gerken, Douglas S. Cream, Charles D. Steinman, David Molik (former empl) (Entered: 07/06/1993)

RECAP
792 July 8, 1993

ORDER, defts' response to pltfs' proposal re mental health claim by 8/9/93, set Status Conference for 9:00 8/9/93 re mental health claim, set defts response to letter of pltfs' counsel re food, exercise, sanitation & religion claims by 9/8/93 & Status Report deadline to 9:00 9/8/93 re food, exercise, sanitation & religion claims ( signed by Judge William M. Skretny ) Notice and copy of order sent to Hite, Joseph L. Gerken, Douglas S. Cream, Charles D. Steinman, David Molik (former empl) (Entered: 07/12/1993)

RECAP
July 8, 1993

Status conference held. Deft. to file and serve its response to plaintiff's proposal of 7/6/93 re: mental health, on or before 8/9/93. Status conference is still for 8/9/93 at 9:00. Status conference on the food, exercise, et al claim is scheduled for 9/8/93 at 9:00 (SMO) (Entered: 07/30/1993)

PACER
July 8, 1993

Status conference held. Deft. to file and serve its response to plaintiff's proposal of 7/6/93 re: mental health, on or before 8/9/93. Status conference is still for 8/9/93 at 9:00. Status conference on the food, exercise, et al claim is scheduled for 9/8/93 at 9:00 (SMO)

Aug. 2, 1993

Minute entry: Both counsel failed to show for a status conference previously scheduled by appearance and order (former empl) (Entered: 08/09/1993)

PACER
Aug. 2, 1993

Minute entry: Both counsel failed to show for a status conference previously scheduled by appearance and order (former empl)

Aug. 9, 1993

Status conference reset to 9:00 9/8/93 (former empl) (Entered: 08/16/1993)

PACER
Aug. 9, 1993

Status conference reset to 9:00 9/8/93 (former empl)

Sept. 8, 1993

Status conference; pltf to prepare proposed stipulation re food/exercise/sanitation/religion segment of case. An additional status conference is scheduled for 10/13/93 at 9:00; order to be issued (former empl) (Entered: 09/15/1993)

PACER
Sept. 8, 1993

Status conference; pltf to prepare proposed stipulation re food/exercise/sanitation/religion segment of case. An additional status conference is scheduled for 10/13/93 at 9:00; order to be issued (former empl)

793 Sept. 9, 1993

ORDER, reset Status Conference for 9:00 10/13/93 re pltf's claims ( signed by USDJ William M. Skretny ) Notice and copy of order sent to Robert Hite, Joseph L. Gerken, Douglas S. Cream, Charles D. Steinman, David Molik (former empl) (Entered: 09/10/1993)

RECAP
794 Sept. 17, 1993

STIPULATION and ORDER, for Settlement, directing the State of New York o/b/o defendants, pay to Prisoners' Legal Services, with respect to costs, disbursements & attys' fees, sum of $130,000.00 in full satisfaction and resolution of all claims for costs, disbursements & atty's fees agnst defts, related to the medical care claim herein, that payment be made w/i 90 days from date of stipulation, etc.; signed by USDJ William M. Skretny . Notice and copy of order sent to Hite, Joseph L. Gerken, Douglas S. Cream, Charles D. Steinman, David Molik . (former empl) (Entered: 09/20/1993)

RECAP

Case Details

State / Territory:

New York

Case Type(s):

Prison Conditions

Special Collection(s):

Multi-LexSum (in sample)

Key Dates

Filing Date: May 5, 1980

Closing Date: 2002

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Present and past inmates of the Special Housing Unit at the Attica Correctional Facility in New York

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

Legal Services/Legal Aid

Prisoners' Legal Services of New York (PLSNY)

Public Interest Lawyer: Yes

Filed Pro Se: Yes

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

State

New York State Department of Corrections

Facility Type(s):

Government-run

Case Details

Causes of Action:

42 U.S.C. § 1983

Constitutional Clause(s):

Cruel and Unusual Punishment

Other Dockets:

Western District of New York 1:80-cv-00385

U.S. Court of Appeals for the Second Circuit 88-02101

Southern District of New York 1:84-cv-05056

U.S. Court of Appeals for the Second Circuit 88-02207

U.S. Court of Appeals for the Second Circuit 87-02105

U.S. Court of Appeals for the Second Circuit 87-02121

Available Documents:

Any published opinion

Complaint (any)

Injunctive (or Injunctive-like) Relief

Trial Court Docket

Outcome

Prevailing Party: Plaintiff OR Mixed

Relief Granted:

Injunction / Injunctive-like Settlement

Preliminary injunction / Temp. restraining order

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Voluntary Dismissal

Content of Injunction:

Preliminary relief granted

Order Duration: 1992 - 2002

Issues

General/Misc.:

Access to lawyers or judicial system

Bathing and hygiene

Classification / placement

Food service / nutrition / hydration

Personal injury

Religious programs / policies

Sanitation / living conditions

Staff (number, training, qualifications, wages)

Affected Sex/Gender(s):

Male

Jails, Prisons, Detention Centers, and Other Institutions:

Assault/abuse by staff (facilities)

Law library access

Recreation / Exercise

Suicide prevention (facilities)

Medical/Mental Health Care:

Medical care, general

Medical care, unspecified

Mental health care, general

Mental health care, unspecified

Suicide prevention

Recommended Citation