Case: Pou v. Coughlin

1:94-cv-05831 | U.S. District Court for the Southern District of New York

Filed Date: Aug. 11, 1994

Closed Date: 1997

Clearinghouse coding complete

Case Summary

On August 11, 1994, inmates at the Sing Sing Correctional Facility in New York filed a lawsuit under 42 U.S.C. § 1983 against the New York Department of Corrections in the U.S. District Court for the Southern District of New York. The plaintiffs, represented by Prisoners' Legal Services of New York, asked the court for declaratory and injunctive relief, as well as compensatory and punitive damages, alleging that their constitutional rights had been violated by exposure to asbestos during a renovation project in the prison.

On February 5, 1997, the parties entered into a settlement agreement and the district court (Judge John E. Sprizzo) closed the case. The settlement agreement provided for medical testing of the asbestos-exposed plaintiffs and for payment of $50,290 in full settlement of attorneys fees and all claims for damages and emotional distress.

We have no further information on the proceedings in this case.

Summary Authors

Kristen Sagar (10/31/2006)

People


Judge(s)

Sprizzo, John Emilio (New York)

Attorneys(s) for Plaintiff

Ubozoh, Ferdinand I. (New York)

Attorneys(s) for Defendant

Buchbinder, Marion R. (New York)

Vacco, Dennis C. (New York)

Other Attorney(s)

Active

Active

Judge(s)

Sprizzo, John Emilio (New York)

Attorneys(s) for Plaintiff

Ubozoh, Ferdinand I. (New York)

Attorneys(s) for Defendant

Buchbinder, Marion R. (New York)

Vacco, Dennis C. (New York)

Other Attorney(s)

Kahn, Ayesha (District of Columbia)

Terrizzi, Thomas (New York)

Documents in the Clearinghouse

Document

Docket (PACER)

April 3, 1997 Docket
48

Stipulation & Order

April 3, 1997 Order/Opinion

Correspondence

April 28, 1997 Correspondence

Docket

Last updated May 12, 2022, 8 p.m.

ECF Number Description Date Link
1

COMPLAINT filed; Summons issued and Notice pursuant to 28 U.S.C. 636(c); FILING FEE $ 120.00 RECEIPT # 221604 (jl) (Entered: 08/24/1994)

Aug. 11, 1994
2

Pltffs. RELATED CASE STATEMENT with 93 Civ. 1434(JES). (jl) (Entered: 08/24/1994)

Aug. 11, 1994

CASE REFERRED TO Judge Sprizzo (jl) (Entered: 08/24/1994)

Aug. 11, 1994
3

ORDER, plaintiffs are permitted to proceed in forma pauperis without prepayment of fees or costs or security therefore, in accordance with Title 28, U.S.C. Section 1915(a) ( signed by Judge Loretta A. Preska, Part I ); Copies mailed (jr) (Entered: 08/24/1994)

Aug. 19, 1994

Case accepted as related to 93 Cv 1434. Notice of assignment to follow. (sc) (Entered: 09/26/1994)

Sept. 26, 1994
4

Notice of asg _ to Judge John E. Sprizzo Copy of notice and judge's rules mailed to Attorney(s) of record: Ferdinand I. Ubozoh . (sc) (Entered: 09/26/1994)

Sept. 26, 1994
5

Case Information Statement Addendum and Case Designation to a Magistrate Judge filed. Purs. to statement, it is suggested that the case be classified as unknown. Case is designated to Magistrate Judge B. Lee. (sc) (Entered: 10/06/1994)

Oct. 6, 1994
6

STIPULATION and ORDER, extending time for said defts to respond to the complaint is extended from 11/7/94 to 1/20/95 , reset answer due for 1/20/95 for John Keane, for Cosmo Altieri, for Robert Rodriguez, for Sam Makhmaltchi, for Lieutenant Gowey, for Satish Kapoor ( signed by Judge John E. Sprizzo ). (kg) (Entered: 11/15/1994)

Nov. 14, 1994
7

ANSWER to Complaint by Thomas A. Coughlin III, John Keane, Frank J. Sheridan, Cosmo Altieri, Robert Rodriguez, Sam Makhmaltchi, Lieutenant Gowey, Satish Kapoor (Attorney Marion Buchbinder), ; by attorney Marion Buchbinder (emil) (Entered: 01/25/1995)

Jan. 23, 1995
8

WAIVER OF SERVICE Returned Executed as to Satish Kapoor mailed on 9/16/94 Answer due on 11/15/94 for Satish Kapoor (ae) (Entered: 02/07/1995)

Feb. 3, 1995
10

WAIVER OF SERVICE Returned Executed as to Sam Makhmaltchi mailed on 9/7/94. Answer due on 11/6/94 for Sam Makhmaltchi (emil) (Entered: 02/09/1995)

Feb. 3, 1995
12

WAIVER OF SERVICE Returned Executed as to Robert Rodriguez mailed on 9/7/94. Answer due on 11/6/94 for Robert Rodriguez (emil) (Entered: 02/09/1995)

Feb. 3, 1995
13

WAIVER OF SERVICE Returned Executed as to Cosmo Altieri mailed on 9/7/94. Answer due on 11/6/94 for Cosmo Altieri (emil) (Entered: 02/09/1995)

Feb. 3, 1995
14

WAIVER OF SERVICE Returned Executed as to Frank J. Sheridan mailed on 11/15/94. Answer due on 1/14/95 for Frank J. Sheridan (emil) (Entered: 02/09/1995)

Feb. 3, 1995
15

WAIVER OF SERVICE Returned Executed as to John Keane mailed on 9/7/94. Answer due on 11/6/94 for John Keane (emil) (Entered: 02/09/1995)

Feb. 3, 1995
16

WAIVER OF SERVICE Returned Executed as to Thomas A. Coughlin III mailed on 11/15/94. Answer due on 1/14/95 for Thomas A. Coughlin III (emil) (Entered: 02/09/1995)

Feb. 3, 1995
9

Order classifying case. Purs. to the Civil Justice Expense and Delay Reduction Plan, this case has been determined to be Standard . ( signed by Judge John E. Sprizzo ) (emil) (Entered: 02/09/1995)

Feb. 8, 1995
17

ORDER, reset discovery due for 6/1/95 , set pretrial conference for 10:30 6/23/95 ( signed by Judge John E. Sprizzo ); Copies mailed (emil) (Entered: 02/15/1995)

Feb. 15, 1995
18

ORDER, defts may depose pltff Leroy Bruff at a NYS Correctional facility upon notice ( signed by Judge John E. Sprizzo ); Copies mailed (emil) (Entered: 03/31/1995)

March 31, 1995
19

ORDER, defts may depose pltff Alonzo Greene at a NYS Correctional facility upon notice ( signed by Judge John E. Sprizzo ); Copies mailed (emil) (Entered: 03/31/1995)

March 31, 1995
20

ORDER, defts may depose pltff Andre Rampal at a NYS Correctional facility upon notice ( signed by Judge John E. Sprizzo ); Copies mailed (emil) (Entered: 03/31/1995)

March 31, 1995
21

ORDER, defts may depose pltff Nelson Gomez at a NYS Correctional facility upon notice ( signed by Judge John E. Sprizzo ); Copies mailed (emil) (Entered: 03/31/1995)

March 31, 1995
22

ORDER, defts may depose pltff Pedro Cruz at a NYS Correctional facility upon notice ( signed by Judge John E. Sprizzo ); Copies mailed (emil) (Entered: 03/31/1995)

March 31, 1995
23

ORDER, defts may depose pltff David Rodriguez at a NYS Correction facility upon notice ( signed by Judge John E. Sprizzo ); Copies mailed (emil) (Entered: 03/31/1995)

March 31, 1995
24

ORDER, defts may depose pltff Leroy Bruff at a NYS Correctional facility upon notice ( signed by Judge John E. Sprizzo ); Copies mailed (emil) (Entered: 03/31/1995)

March 31, 1995
25

ORDER, defts may depose pltff Andre Rampal at a NYS Correctional facility upon notice ( signed by Judge John E. Sprizzo ); Copies mailed (emil) (Entered: 03/31/1995)

March 31, 1995
26

ORDER, defts may depose pltff Alonzo Greene at a NYS Correctional facility upon notice ( signed by Judge John E. Sprizzo ); Copies mailed (emil) (Entered: 03/31/1995)

March 31, 1995
27

ORDER, defts may depose pltff Nelson Gomez at a NYS Correctional facility upon notice ( signed by Judge John E. Sprizzo ); Copies mailed (emil) (Entered: 03/31/1995)

March 31, 1995
28

ORDER, defts may depose pltff Pedro Cruz at a NYS Correctional facility upon notice ( signed by Judge John E. Sprizzo ); Copies mailed (emil) (Entered: 03/31/1995)

March 31, 1995
29

ORDER, defts may depose pltff Hector Claussell at a NYS Correctional facility upon notice ( signed by Judge John E. Sprizzo ); Copies mailed (emil) (Entered: 03/31/1995)

March 31, 1995
30

ORDER, defts may depose pltff Salvador Pou at a NYS Correctional facility upon notice ( signed by Judge John E. Sprizzo ); Copies mailed (emil) (Entered: 03/31/1995)

March 31, 1995
31

ORDER, defts may depose pltff Salvador Pou at a NYS Correctional facility upon notice ( signed by Judge John E. Sprizzo ); Copies mailed (emil) (Entered: 03/31/1995)

March 31, 1995
32

ORDER, defts may depose pltff Hector Claussell at a NYS Correctional facility upon notice ( signed by Judge John E. Sprizzo ); Copies mailed (emil) (Entered: 03/31/1995)

March 31, 1995
33

ORDER, defts may depose pltff David Rodriguez at a NYS Correctional facility upon notice ( signed by Judge John E. Sprizzo ); Copies mailed (emil) (Entered: 03/31/1995)

March 31, 1995
34

ORDER, set scheduling order deadlines: Discovery cutoff 9/29/95 ; Pretrial conference set for 10/6/95 ; ( signed by Judge John E. Sprizzo ); Copies mailed (emil) (Entered: 07/03/1995)

June 30, 1995
35

ORDER, consolidating this case w/ 95 CV 1441 for purposes of discovery ( signed by Judge John E. Sprizzo ); Copies mailed (emil) (Entered: 07/11/1995)

July 10, 1995
36

ORDER, consolidating this case w/ 95 CV 1141 for purposes of discovery ( signed by Judge John E. Sprizzo ); Copies mailed (emil) (Entered: 07/28/1995)

July 27, 1995
37

ORDER, pltff may designate an expert by name on or before 11/6/95; otherwise pltff shall not be allowed to present an expert at trial. Defts may designate an expert by name on or before 11/6/95; otherwise defts shall not be allowed to present an expert at trial , reset discovery due for 12/6/95 , set pretrial conference for 12/15/95 ( signed by Judge John E. Sprizzo ); Copies mailed (emil) (Entered: 10/12/1995)

Oct. 12, 1995
38

STIPULATION and ORDER, defts' time to designate an expert witness by and hereby is extended until 12/6/95 , reset discovery due for 1/8/96 , reset pretrial conference for 10:30 1/12/96 ( signed by Judge John E. Sprizzo ). (emil) (Entered: 11/16/1995)

Nov. 15, 1995
39

STIPULATION and ORDER, reset discovery due for 3/7/96 , set pretrial conference for 3/8/96 , no further extensions will granted for any reason ( signed by Judge John E. Sprizzo ). (emil) Modified on 01/16/1996 (Entered: 01/16/1996)

Jan. 16, 1996
40

NOTICE OF REDESIGNATION OF A CIVIL CASE TO ANOTHER MAGISTRATE JUDGE. The above entitled action has been redesignated to Magistrate Judge Eaton. Please note that this is the reassignment of the designation only. Copy of notice mailed to Attorney(s) of record: Marion Buchbinder, Ferdinand I. Ubozoh . (ba) (Entered: 02/13/1996)

Feb. 6, 1996

Pre-trial conference held (emil) (Entered: 03/14/1996)

March 8, 1996
41

ORDER, deft may file a motion for summary judgment on or before 4/8/96. The Court will review the motion and advise the parties whether a respone to the motion and/or Oral Argument is necessary. The pltffs' expert shall be deposed on 3/14/96 at 10:00 a.m. If pltffs' expert fails to appear at the pretrial conference, leaves the deposition early, or fails to bring requested documents, the Court will entertain an appropriate application for sanctions, including dismissal of the complaint , set pretrial order due for 6/7/96. If the pretrial order is not filed on that date, the Court will entertain appropriate applications for dismissal or default , set pretrial conference for 10:30 7/12/96 ( signed by Judge John E. Sprizzo ); Copies mailed (emil) (Entered: 03/14/1996)

March 13, 1996
42

Filed Memo-Endorsement on letter dated 5/31/96, reset pretrial order due for 7/12/96 ( signed by Judge John E. Sprizzo ) (emil) (Entered: 06/06/1996)

June 5, 1996
43

STIPULATION and ORDER, reset pretrial conference for 10:30 9/27/96 , reset pretrial order due for 9/27/96 ( signed by Judge John E. Sprizzo ). (emil) (Entered: 07/10/1996)

July 9, 1996
44

STIPULATION and ORDER, reset pretrial conference for 10/25/96 ( signed by Judge John E. Sprizzo ). (emil) (Entered: 09/30/1996)

Sept. 27, 1996
45

STIPULATION and ORDER, reset pretrial conference for 12/6/96 ( signed by Judge John E. Sprizzo ). (emil) (Entered: 10/29/1996)

Oct. 28, 1996

Pre-trial conference held (emil) (Entered: 12/16/1996)

Dec. 6, 1996
46

ORDER, set settlement conference for 1:30 1/31/97 ( signed by Judge John E. Sprizzo ); Copies mailed (emil) (Entered: 12/16/1996)

Dec. 13, 1996

Case closed (emil) (Entered: 02/06/1997)

Feb. 5, 1997
48

STIPULATION and ORDER, for settlement. Pltffs agree to withdraw all claims for attys' fees, costs and disbursemetns incurred in connection w/ this action, except as set forth in this Stip & Order. Defts agree to pay for pltffs to be tested, within 60 days after receipt by counsel for defts of a copy of this stip signed by the Court, to establish their current clinical status w/ regard to asbestos-related disease. Defts agree to pay for pltffs to be tested by the physicians specified in paragraph 4 in the following sequence: five years after the tests in paragraph 4, ten years after the tests in paragraph 4, and then annually thereafter. Defts agree to pay to pltffs and their counsel the amount of $50,0290 in full settlement of all claims for damages for emotional distress arising out of the actions alleged in the complaint, and of all claims for attys' fees and costs relating to this action. The damages claims in the complaint are dismissed without prejudice to the institution of a new action arising out of the events described in the complaint herein, by any pltff who is hereinafter diagnosed as suffering from an asbestos-related disease by a physician identified in paragraph 4 or 6 of this Stip & Order ( signed by Judge John E. Sprizzo ). (emil) (Entered: 04/04/1997)

April 3, 1997

State / Territory: New York

Case Type(s):

Prison Conditions

Key Dates

Filing Date: Aug. 11, 1994

Closing Date: 1997

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Inmates alleging that defendants deprived them of their Eighth and Fourteenth Amendment rights to be free of cruel and unusual punishment when they were participants in a renovation project in the Sing Sing Correctional facility

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

Prisoners' Legal Services of New York (PLSNY)

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

New York Department of Correctional Services (Ossining), State

Case Details

Causes of Action:

42 U.S.C. § 1983

Constitutional Clause(s):

Cruel and Unusual Punishment

Availably Documents:

Trial Court Docket

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Damages

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Order Duration: 1997 - None

Issues

Type of Facility:

Government-run