Filed Date: March 18, 1983
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On March 18, 1983, inmates filed a class action lawsuit in the United States District Court for the Southern District of New York under 42 U.S.C. § 1983 against the Department of Corrections for the City of New York. The inmates challenged violent conditions at the New York City Correctional Institution for Men. Plaintiffs were represented by the Legal Aid Society of New York City's Prisoners' Rights Project.
On July 13, 1988, following a lengthy trial, the district court (Judge Morris E. Lasker) found that violence at the facility by inmates and staff violated the Eighth Amendment. Fisher v. Koehler, 692 F.Supp. 1519 (S.D.N.Y. 1988). The court found that inadequate conditions in the facility, such as overcrowding, inadequate staff, problems with classification, and inadequate systems for reporting abuse, contributed to an environment where inmates suffered ongoing physical abuse. The court gave the defendants an opportunity to submit a plan to address the violations. Both parties submitted proposals and the court approved a decree on July 14, 1989. Fisher v. Koehler, 718 F.Supp. 1111 (S.D.N.Y. 1989). The decree included a new system of classification whereby violent or vulnerable inmates were housed separately, addressed overcrowding, and created a new policy regarding the use of force by staff. The decree also increased staffing and inmate supervision and provided for monitoring. Defendants sought approval for a new policy related to reporting uses of force. Judge Lasker approved the policy on November 8, 1989. Fisher v. Koehler, No. 83-2128, 1989 WL 135912 (S.D.N.Y. Nov. 8, 1989).
On appeal, the United States Court of Appeals for the Second Circuit (per curium) upheld the district court's finding that the conditions in the facility were unconstitutional and held that the district court's remedy was reasonable. Fisher v. Koehler, 902 F.2d 2 (2d Cir. 1990).
Summary Authors
Angela Heverling (4/5/2006)
For PACER's information on parties and their attrorneys, see: https://www.courtlistener.com/docket/6364392/parties/fisher-v-ward/
Feinberg, Wilfred (New York)
Kaufman, Irving Robert (New York)
Lasker, Morris Edward (Massachusetts)
Walker, John Mercer Jr. (New York)
Boston, John (New York)
Spencer, Claudette R. (New York)
Weinstein, Philip L. (New York)
Wilker, Dale A. (New York)
Brutten, Caren S. (New York)
Hsu, Hway-Ling (New York)
Feinberg, Wilfred (New York)
Kaufman, Irving Robert (New York)
Lasker, Morris Edward (Massachusetts)
Walker, John Mercer Jr. (New York)
Boston, John (New York)
Spencer, Claudette R. (New York)
Weinstein, Philip L. (New York)
Wilker, Dale A. (New York)
Brutten, Caren S. (New York)
Hsu, Hway-Ling (New York)
Koerner, Leonard J. (New York)
Kolikoff, Fred (New York)
Kovner, Victor A. (New York)
Leoussis, Fay (New York)
Morgenroth, Diane J. (New York)
Mosenson, Steven H. (New York)
Thom, William J. (New York)
Zimroth, Peter L. (New York)
See docket on RECAP: https://www.courtlistener.com/docket/6364392/fisher-v-ward/
Last updated July 24, 2022, 3:04 a.m.
State / Territory: New York
Case Type(s):
Key Dates
Filing Date: March 18, 1983
Case Ongoing: Perhaps, but long-dormant
Plaintiffs
Plaintiff Description:
prisoners of the State of New York
Public Interest Lawyer: Yes
Filed Pro Se: Unknown
Class Action Sought: Yes
Class Action Outcome: Granted
Defendants
Correctional Institutions for Men (East Elmhurst), State
Case Details
Causes of Action:
Constitutional Clause(s):
Availably Documents:
Outcome
Prevailing Party: Plaintiff
Nature of Relief:
Injunction / Injunctive-like Settlement
Source of Relief:
Form of Settlement:
Court Approved Settlement or Consent Decree
Order Duration: 1989 - 0
Issues
General:
Assault/abuse by residents/inmates/students
Crowding:
Type of Facility: