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


Judge(s)

Feinberg, Wilfred (New York)

Lowe, Mary Johnson (New York)

Lumbard, Joseph Edward (New York)

Newman, Jon Ormond (New York)

Pratt, George Cheney (New York)

Skretny, William M. (New York)

Telesca, Michael Anthony (New York)

Attorneys(s) for Plaintiff

Draves, Karen (New York)

Gerken, Joseph (New York)

Giacalone, Arthur J. (New York)

Judge(s)

Feinberg, Wilfred (New York)

Lowe, Mary Johnson (New York)

Lumbard, Joseph Edward (New York)

Newman, Jon Ormond (New York)

Pratt, George Cheney (New York)

Skretny, William M. (New York)

Telesca, Michael Anthony (New York)

Attorneys(s) for Plaintiff

Draves, Karen (New York)

Gerken, Joseph (New York)

Giacalone, Arthur J. (New York)

Januszewski, David (New York)

Jennings, Timothy E. (New York)

Kerr, Sarah (New York)

Leven, David C. (New York)

Lewis, Dori A. (New York)

Lonski, Robert (New York)

Macri, Joanne G (New York)

McCarthy, Michael W. (New York)

Pagano, Maria E (New York)

Richmond, Anna Marie (New York)

Stadler, Judith Subjeck (New York)

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

Terrizzi, Thomas (New York)

Torres, Edna Y. (New York)

Wagner, David L. (New York)

Attorneys(s) for Defendant

Abrams, Robert W. (New York)

Crary, Peter (New York)

Cream, Douglas S. (New York)

Dunn, Ronald (New York)

Fitzgerald, Edmund (New York)

Fraser, Charles R. (New York)

Gawlik, Stephen (New York)

Goetz, Thomas (New York)

Henner, Peter (New York)

Hite, Robert S. (New York)

McGrier, Jerry Sr. (New York)

Mehltretter, Kathleen M. (New York)

Molik, David (New York)

Murphy, Kim S (New York)

O'Donnell, Brian (New York)

Schiff, Peter H. (New York)

Spiegel, Nancy A. (New York)

Steinman, Charles (New York)

Walsh, Mark T. (New York)

Other Attorney(s)

Rowley, David C. (New York)

Documents in the Clearinghouse

Document

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

1:80-cv-00385

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

849 F.2d 80

June 13, 1988

June 13, 1988

Order/Opinion

88-02207

Opinion

Eng v. Coughlin

U. S. Court of Appeals for the Second Circuit

865 F.2d 521

Jan. 12, 1989

Jan. 12, 1989

Order/Opinion

84-05056

Opinion and Order

Eng v. Scully

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

1989 WL 63035, 1989 U.S.Dist.LEXIS 6130

June 2, 1989

June 2, 1989

Order/Opinion

1:80-cv-00385

Decision and Order

Eng v. Coughlin

726 F.Supp. 40

Nov. 22, 1989

Nov. 22, 1989

Order/Opinion

84-05056

Opinion and Order

Eng v. Scully

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

146 F.R.D. 74

Feb. 1, 1993

Feb. 1, 1993

Order/Opinion

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

Resources

Docket

Last updated June 6, 2022, 3:16 a.m.

ECF Number Description Date Link Date / Link

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)

Jan. 22, 1992

Jan. 22, 1992

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

Jan. 24, 1992

Jan. 24, 1992

756

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)

Jan. 24, 1992

Jan. 24, 1992

757

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)

Feb. 6, 1992

Feb. 6, 1992

758

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

Feb. 26, 1992

Feb. 26, 1992

759

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

Feb. 26, 1992

Feb. 26, 1992

760

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

Feb. 26, 1992

Feb. 26, 1992

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

March 16, 1992

March 16, 1992

761

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)

March 17, 1992

March 17, 1992

762

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)

April 28, 1992

April 28, 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)

April 30, 1992

April 30, 1992

763

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)

May 5, 1992

May 5, 1992

764

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)

May 15, 1992

May 15, 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)

May 20, 1992

May 20, 1992

765

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)

May 22, 1992

May 22, 1992

766

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)

June 4, 1992

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)

June 4, 1992

June 4, 1992

767

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)

June 4, 1992

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)

June 4, 1992

June 4, 1992

768

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)

June 4, 1992

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)

June 4, 1992

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)

June 4, 1992

June 4, 1992

770

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)

June 4, 1992

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)

June 4, 1992

June 4, 1992

771

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)

June 4, 1992

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)

June 4, 1992

June 4, 1992

772

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)

June 4, 1992

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)

June 4, 1992

June 4, 1992

773

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)

June 4, 1992

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)

June 4, 1992

June 4, 1992

774

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)

June 4, 1992

June 4, 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)

June 8, 1992

June 8, 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)

June 10, 1992

June 10, 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)

June 15, 1992

June 15, 1992

775

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)

June 18, 1992

June 18, 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)

June 22, 1992

June 22, 1992

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

July 16, 1992

July 16, 1992

776

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)

July 20, 1992

July 20, 1992

777

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)

Aug. 6, 1992

Aug. 6, 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)

Aug. 25, 1992

Aug. 25, 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)

Sept. 2, 1992

Sept. 2, 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)

Oct. 15, 1992

Oct. 15, 1992

779

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)

Oct. 16, 1992

Oct. 16, 1992

780

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)

Nov. 2, 1992

Nov. 2, 1992

781

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)

Nov. 2, 1992

Nov. 2, 1992

782

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)

Nov. 13, 1992

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)

Nov. 13, 1992

Nov. 13, 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)

Dec. 21, 1992

Dec. 21, 1992

783

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)

Dec. 23, 1992

Dec. 23, 1992

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)

Feb. 1, 1993

Feb. 1, 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)

March 30, 1993

March 30, 1993

785

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)

April 1, 1993

April 1, 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)

May 3, 1993

May 3, 1993

786

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)

May 7, 1993

May 7, 1993

787

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)

May 25, 1993

May 25, 1993

788

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

May 25, 1993

May 25, 1993

789

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)

May 25, 1993

May 25, 1993

790

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)

May 28, 1993

May 28, 1993

792

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)

July 8, 1993

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)

July 8, 1993

July 8, 1993

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

Aug. 2, 1993

Aug. 2, 1993

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

Aug. 9, 1993

Aug. 9, 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)

Sept. 8, 1993

Sept. 8, 1993

793

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)

Sept. 9, 1993

Sept. 9, 1993

794

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)

Sept. 17, 1993

Sept. 17, 1993

Status conference held; additional status conference reset to 10/13/93, 9:00 at which time counsel to provide Court with a more detailed account of the status of this case; order to be issued (former empl) (Entered: 10/04/1993)

Sept. 28, 1993

Sept. 28, 1993

795

ORDER, directing defts to respond to pltfs' proposal regarding pltfs' food, exercise, sanitation & religion claims and pltf to respond to defts' counter-proposal re pltfs' mental health claims by 10/13/93 , set Status Conference for 10/13/93, 9:00 ( 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: 10/08/1993)

Oct. 8, 1993

Oct. 8, 1993

796

ORDER counsel to appear 11/16/93 for status conference regarding plaintiff's food, exercise, sanitation and religion claims; set Status Report deadline to 9:00 12/14/93 for conference regarding plaintiffs mental health claims.- ( signed by USDJ William M. Skretny ) Notice and copy of sent to Robert Hite, Joseph L. Gerken, Douglas S. Cream, Charles D. Steinman, David Molik (former empl) (Entered: 10/21/1993)

Oct. 19, 1993

Oct. 19, 1993

Minute entry:for Status Conference; pltf in receipt of defts' counteroffer re food, exercise, sanitation & religion; said counteroffer raised 17 points; pltf agrees with half of same; about 6 issues remain that parties will need to work at to resolve; attorneys and parties to meet to resolve outstanding issues;, Status Report deadline scheduled for 12/14/93 to remain as scheduled , set additional Status Conference for 9:00 2/2/94 re food, exercise, sanitation & religion (former empl) (Entered: 12/10/1993)

Nov. 16, 1993

Nov. 16, 1993

Status Conference held; Attorney Cream in Hospital, further, Status conference set at 9:00 1/10/94 (mj) (Entered: 12/22/1993)

Dec. 14, 1993

Dec. 14, 1993

Status conference; additional status conference scheduled for 3/9/94 at 9:00 (former empl) (Entered: 02/10/1994)

Feb. 2, 1994

Feb. 2, 1994

797

ORDER, set pltfs' Brief deadline (letter) to 2/18/94 , reset Status Conference for 9:00 3/9/94 ( 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: 02/08/1994)

Feb. 4, 1994

Feb. 4, 1994

Status conference reset to 2:00 3/17/94 (former empl) (Entered: 03/09/1994)

March 3, 1994

March 3, 1994

Minute entry: Status Conference. Plaintiff is in receipt of a counter proposal re: non-mental health issues. Parties to meet at Attica on 4/13/94 to resolve same. set Status Conference for 5/20/94 . Once these issues are resolved, counsel will focus on the issues of mental hygiene, plexiglass and alleged brutality. (SMO) (Entered: 03/28/1994)

March 17, 1994

March 17, 1994

Status conference held; issue of food is remaining; Status conference regarding same is set at 9:00 6/24/94 and a final conference is set for 7/21/94 (mj) (Entered: 05/24/1994)

May 20, 1994

May 20, 1994

Status conference held; further Status conference is set at 3:00 on 7/21/94 (mj) (Entered: 07/06/1994)

June 27, 1994

June 27, 1994

Status Conference held; an agreement has been reached on various items, etc.; further, Status conference set at 9:00 11/4/94- WMS (mj) (Entered: 09/30/1994)

Sept. 21, 1994

Sept. 21, 1994

Status Conference held; plaintiff to submit proposed stipulation by close of business today, etc.; Once comments are received, a consent judgment may be entered, etc.; Status conference set at 9:00 12/1/94 - WMS (mj) (Entered: 11/08/1994)

Nov. 4, 1994

Nov. 4, 1994

Minute entry: Status conference; counsel failed to appear- terminated deadlines -WMS (mj) (Entered: 01/27/1995)

Jan. 23, 1995

Jan. 23, 1995

798

ORDER, set Status Conference for 9:00 2/15/95 ( 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 (mj) (Entered: 02/02/1995)

Feb. 1, 1995

Feb. 1, 1995

799

RULE 41 VOLUNTARY STIPULATION and ORDER, to Dismiss claims related to food, exercise, sanitation and religious claims with conditions regarding same. 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 . (mj) (Entered: 02/15/1995)

Feb. 10, 1995

Feb. 10, 1995

800

ORDER allowing Charles Steinman to Withdraw as an attorney of record from this case ( signed by USDJ William M. Skretny ) Notice and copy of order sent to Robert Hite, Joseph L. Gerken, Douglas S. Cream, David Molik (mj) (Entered: 02/16/1995)

Feb. 15, 1995

Feb. 15, 1995

Status conference held; plaintiff's experts to conduct interviews on 2/22 and 2/25, etc. and a report to be supplied to defendants by 3/24/95, etc.; further, Status conference set at 9:00 3/31/95-WMS (mj) (Entered: 02/17/1995)

Feb. 15, 1995

Feb. 15, 1995

Status conference held; plaintiffs awaiting receipt of records, etc. further, Status conference set at 9:00 5/1/95 to report on status of records, etc. (mj) (Entered: 04/04/1995)

March 31, 1995

March 31, 1995

801

ORDER set Status Conference for 9:00 5/1/95 and directing defendants to produce records before 5/l/95, etc. ( signed by USDJ William M. Skretny ) Notice and copy of order sent to Robert Hite, Joseph L. Gerken, Douglas S. Cream, David Molik (mj) (Entered: 04/04/1995)

April 4, 1995

April 4, 1995

Status conference held; documents received in Attorney General's office, etc.; attorney general to provide plaintiff with same; plaintiff to move for disclosure, etc.; plaintiff to sent copy of proposed stipulation regarding substitution of Coombes for Coughlin to Attorney Hite for review, etc.-WMS (mj) (Entered: 05/08/1995)

May 1, 1995

May 1, 1995

Minute entry: Court corrects minute entry of 5/l/95; set Status Conference for 9:00 6/6/95 ; no appearance-WMS (mj) (Entered: 05/10/1995)

May 4, 1995

May 4, 1995

802

ORDER, reset Status Conference for 4:00 6/8/95 ; further, Robert Hite to appear at conference and inform court by 6/6/95 of a telephone number he can be reached at. ( signed by USDJ William M. Skretny ) Notice and copy of order sent to Robert S. Hite, Joseph L. Gerken, Douglas S. Cream, David Molik (mj) (Entered: 06/01/1995)

June 1, 1995

June 1, 1995

Status conference held; plaintiff to sent notice regarding disclosure of records to 3 inmates; motion for disclosure of mental health records to be put under seal; Status conference set at 9:00 6/30/95; substitution of counsel to be filed; plaintiff's expert to submit preliminary report within 60 days-WMS (mj) (Entered: 06/16/1995)

June 8, 1995

June 8, 1995

803

ORDER/CONSENT to Substitute Attorney and Added Robert Hite as attorney fro Enforcement Officers ( signed by USDJ William M. Skretny ) Notice and copy of order sent to Robert S. Hite, Joseph L. Gerken, Douglas S. Cream, David Molik (mj) (Entered: 06/20/1995)

June 15, 1995

June 15, 1995

Status conference adjourned to 2:00 on 6/30/95-WMS (mj) (Entered: 06/29/1995)

June 22, 1995

June 22, 1995

Minute entry: Status conference set for today is adjourned to 7/10/95; no appearances-WMS (mj) (Entered: 07/15/1995)

June 30, 1995

June 30, 1995

Status conference held; plaintiffs' expert still in need of mental health reports; plaintiffs' counsel to provide court with original motion regarding same; further Status conference set at 9:00 10/6/95-WMS (mj) (Entered: 07/17/1995)

July 10, 1995

July 10, 1995

804

SEALED DOCUMENT by plaintiffs (motion) (mj) (Entered: 07/27/1995)

July 26, 1995

July 26, 1995

805

SEALED DOCUMENT -order by Judge Skretny (notice and copies to all attorneys) (mj) (Entered: 07/27/1995)

July 26, 1995

July 26, 1995

Status conference adjourned to 9:00 on 11/9/95; no appearances-WMS (mj) (Entered: 10/02/1995)

Sept. 26, 1995

Sept. 26, 1995

806

MOTION by plaintiffs to Compel disclosure (mj) (Entered: 10/16/1995)

Oct. 14, 1995

Oct. 14, 1995

807

SEALED DOCUMENT-addendum (mj) (Entered: 10/18/1995)

Oct. 17, 1995

Oct. 17, 1995

808

ORDER, defendant's Response to Motion reset to 11/2/95 for [806-1] motion to Compel disclosure , and set Status Conference for 9:00 11/9/95 ( signed by USDJ William M. Skretny ) Notice and copy of order sent to Robert S. Hite, Joseph L. Gerken, Douglas S. Cream, David Molik (mj) (Entered: 10/24/1995)

Oct. 24, 1995

Oct. 24, 1995

Motion to compel returnable; motion submitted; court requires defendant to assemble records and supply to plaintiff within 2 weeks; Status conference set at 9:00 1/24/96 -WMS (mj) (Entered: 11/15/1995)

Nov. 9, 1995

Nov. 9, 1995

Case Details

State / Territory: New York

Case Type(s):

Prison Conditions

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:

Prisoners' Legal Services of New York (PLSNY)

Legal Services/Legal Aid

Public Interest Lawyer: Yes

Filed Pro Se: Yes

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

New York State Department of Corrections (Attica, Wyoming), State

Case Details

Causes of Action:

42 U.S.C. § 1983

Constitutional Clause(s):

Cruel and Unusual Punishment

Availably Documents:

Trial Court Docket

Complaint (any)

Injunctive (or Injunctive-like) Relief

Any published opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Preliminary injunction / Temp. restraining order

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Voluntary Dismissal

Order Duration: 1992 - 2002

Content of Injunction:

Preliminary relief granted

Issues

General:

Access to lawyers or judicial system

Assault/abuse by staff

Bathing and hygiene

Classification / placement

Food service / nutrition / hydration

Law library access

Personal injury

Recreation / Exercise

Religious programs / policies

Sanitation / living conditions

Staff (number, training, qualifications, wages)

Suicide prevention

Affected Gender:

Male

Medical/Mental Health:

Medical care, general

Medical care, unspecified

Mental health care, general

Mental health care, unspecified

Suicide prevention

Type of Facility:

Government-run