Case: Amador v. Department of Correctional Services

1:03-cv-00650 | U.S. District Court for the Southern District of New York

Filed Date: Jan. 28, 2003

Closed Date: 2015

Clearinghouse coding complete

Case Summary

On January 28, 2003, seventeen current and former female inmates at the New York State Department of Correctional Services filed this lawsuit in the United States District Court for the Southern District of New York against two classes of defendants pursuant to 42 U.S.C. § 1983. Plaintiffs alleged that the prison correctional staff engaged in repeated acts of sexual abuse and harassment against female inmates in New York state prisons. These alleged acts ranged in severity from verbal harassment to unwanted touching to coerced sexual intercourse to forcible rape. Further, plaintiffs alleged that the supervisory staff was aware of the sexual misconduct of the correctional staff but failed to stop it. The inmates, represented by counsel from the Prisoner's Rights Project as well as by private counsel, sought a declaratory judgment that the policies, practices, actions, and omissions of the supervisory staff violated their constitutional rights protected under the First, Fourth, Eighth, and Fourteenth Amendments. Plaintiffs also sought an injunction enjoining the supervisory staff from subjecting the female inmates to the sexual misconduct of the correctional staff, and they requested an order compelling the defendants to formulate a plan to end this abuse. Plaintiffs also sought damages.

Plaintiffs filed a motion for class certification and a request for entry of default judgment. Additionally, both sets of defendants filed a motion to dismiss or for summary judgment. On September 13, 2005, the District Court (Judge Kevin Duffy) dismissed, for lack of standing, the claims for injunctive relief and declaratory judgment of plaintiffs who had been released from custody. The Court also ordered the parties to address whether plaintiffs' individual claims for damages were properly joined with one another and with the class claims for injunctive relief. Amador v. Dep't of Correctional Serv., No. 1:03CV650, 2005 U.S. Dist. WL 2234050 (S.D.N.Y. Sept. 13, 2005).

On December 4, 2007, Judge Duffy dismissed all of the plaintiffs' claims, with the exception of the claims of plaintiff Shenyell Smith against Delroy Thorpe, for failure to exhaust their administrative remedies. In addition, Judge Duffy held that two of the plaintiff's claims for injunctive and declaratory relief had become moot, as they had both since been released. The Court also denied the motion for class certification. Amador v. Superintendents of Dept. of Correctional Services, 2007 WL 4326747 (S.D.N.Y. Dec 04, 2007). On April 23, 2008, the plaintiffs appealed this decision.

Regarding the claims of Shenyell Smith against defendant Thorpe, on June 10, 2010, Judge Duffy granted Shenyell Smith's motion for summary judgment. Officer Hudson had the opportunity to offer evidence contesting Smith's allegations that he violated her Eighth Amendment rights when he forcibly sodomized her on two separate occasion, but chose not to do so. On December 6, 2010, Judge Duffy granted defendant Thorpe's motion to sever the claims asserted against him from all other plaintiffs, as well as defendants Smith and Gilbert's for severance to transfer the case to the Western District of New York.

Regarding the appeal, on August 19, 2011, Judge Ralph K. Winter of the Court of Appeals, Second Circuit, held that three appellants had exhausted administrative remedies while the remaining ten had not. In addition, Judge Winter held that it was error for the district court to dismiss as moot the claims of the three individual plaintiffs even though they had been released from prison after the filing of the amended complaint. As a result, Judge Winter vacated the judgment in part and remanded for further proceedings for those three defendants. 655 F.3d 89 (2d Cir. 2011).

On July 26, 2012, plaintiff Shenyell Smith settled all of her claims against the defendants, who agreed to pay a total of $15,000 to Smith's attorney.

September 13, 2010 plaintiff Shantelle Smith moved to voluntarily dismiss all of her claims with prejudice because she reached a settlement with the Supervisory Defendants, the State of New York, and defendant James Hudson for all of her claims in this action and all claims she asserted against the State of New York in the New York Court of Claims, Claim No. 110268. The terms of the agreed settlement were set forth on March 27, 2012, and so ordered by Judge Scuccimarra in the New York Court of Claims, Claim No. 110268.

On July 1, 2015 the sole remaining plaintiff in this case, plaintiff Stephanie Dawson, reached a settlement agreement with the Department of Corrections and Community Supervision. In the settlement none of the defendants admitted fault or liability. Plaintiff Stephanie Dawson settled with the defendants for the amount of $10,000.

Summary Authors

Kristen Sagar (1/8/2008)

Jessica Kincaid (11/6/2013)

Erin Pamukcu (1/31/2016)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/4525039/parties/amador-v-andrews/

Judge(s)

Attorney for Plaintiff

Crump, Martin Daniel (New York)

Dellafera, Thomas Francis (New York)

Attorney for Defendant

Adlerstein, Lee Alan (New York)

Avallone, Rocco G. (New York)

Expert/Monitor/Master/Other

Colon, Raymond L (New York)

Judge(s)

Duffy, Kevin Thomas (New York)

Gorenstein, Gabriel W. (New York)

Winter, Ralph K. Jr. (Connecticut)

Attorney for Plaintiff

Crump, Martin Daniel (New York)

Dellafera, Thomas Francis (New York)

D'Onofrio, Heather Kreibel (New York)

Freeman, Lisa (New York)

Gear, Camille (New York)

Gearhart, Terra Linden (New York)

Houlding, Rebecca (New York)

Jones, Lawrence L. (New York)

Kennerly, Max (New York)

Lewis, Dori A. (New York)

Mikkor, Alison (New York)

Miller, Peter Andrew (New York)

O'Connor, Maeve L. (New York)

Pedro, Portia D. (New Jersey)

Rich, Camille Gear (New York)

Rockstad, Trevor Bruce (New York)

Ruskay-Kidd, Scott (New York)

Salas-Aguilar, Claudio Damian (New York)

Smith, Justin P (New York)

Smith, Jennifer Lea (New York)

Vela, Veronica (New York)

Wang, Zheng (New York)

Attorney for Defendant

Adlerstein, Lee Alan (New York)

Avallone, Rocco G. (New York)

Demchuk, Barbara P. (New York)

DiMillo, Thomas M. (New York)

Dolan, Cynthia (New York)

Durden, Rebecca Ann (New York)

Galbreath, Michael R. (New York)

Ireland, Horace Cecil (New York)

Kaminksy, Harvey A. (New York)

Kennedy, Christopher T. (New York)

La Tona, Joseph M. (New York)

Leonard, Christina (New York)

Maddox, Barbara D. (New York)

Muscato, George V.C. (New York)

Novak, David William (New York)

Potter, James T. (New York)

Rich, Walter L. (New York)

Scannapieco, Gabriel Hernandez (New York)

Schaefer, Lawrence Henry (New York)

Schlenker, Dennis B. (New York)

Schneiderman, Eric T. (New York)

Schulze, Daniel A. (New York)

Tiveron, Diane R. (New York)

Walsh, John J. II (New York)

Other

Colon, Raymond L (New York)

De Oliveira, Pedro Lourenco (New York)

Eisenberg, Svetlana Malahova (New York)

Attorney Contact Information via CourtListener

Documents in the Clearinghouse

Documents in this case

1:03-cv-00650	Docket (PACER) Amador v. Andrews	July 6, 2015	July 6, 2015 Docket
1:03-cv-00650	Class Action First Amended Complaint Amador v. Dept. of Correctional Services	Sept. 5, 2003	Sept. 5, 2003 Complaint
136 1:03-cv-00650	Answer to Class Action First Amended Complaint Amador v. Dept. of Correctional Services	March 31, 2005	March 31, 2005 Pleading / Motion / Brief
149 1:03-cv-00650	Memorandum and Order Amador v. Superintendents of Department of Correctional Services	Sept. 13, 2005	Sept. 13, 2005 Order/Opinion 2005 WL 2234050
194 1:03-cv-00650	Opinion and Order Amador v. Superintendents of Dept. of Correctional Services	Dec. 4, 2007	Dec. 4, 2007 Order/Opinion 2007 WL 4326747
281 1:03-cv-00650	Opinion and Order (Granting Plaintiff's Motion for Summary Judgment) Amador v. Andrews	June 10, 2010	June 10, 2010 Order/Opinion 2010 WL 2365855
08-02079	Opinion (Dismissing Claims for Lack of Jurisdiction, Vacating Judgment of District Court, and Remanding Further Proceedings) Amador v. Andrews U.S. Court of Appeals for the Second Circuit	Aug. 19, 2011	Aug. 19, 2011 Order/Opinion 655 F.3d 89
352 1:03-cv-00650	Stipulation of Settlement and Order of Dismissal Amador v. Andrews	July 25, 2012	July 25, 2012 Order/Opinion
355 1:03-cv-00650	Voluntary Dismissal of Claims with Prejudice; Stipulation; Proposed Order Amador v. Superintendents of Department of Correctional Services	Sept. 11, 2012	Sept. 11, 2012 Order/Opinion
418 1:03-cv-00650	Memorandum and Order Amador v. Department of Corrections Services	Dec. 11, 2014	Dec. 11, 2014 Order/Opinion

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Docket

See docket on RECAP: https://www.courtlistener.com/docket/4525039/amador-v-andrews/

Last updated Sept. 29, 2026, 5:07 a.m.

Docket for: Amador v. Andrews

ECF Number	Date	Description	Link
1	Jan. 28, 2003	CLASS ACTION COMPLAINT filed. Summons issued and Notice pursuant to 28 U.S.C. 636(c). FILING FEE $ 150.00 RECEIPT # 463616. (gf) (Entered: 01/29/2003)	RECAP
	Jan. 28, 2003	Case Referred as Possibly Related/Similar
	Jan. 28, 2003	CASE REFERRED TO Judge Denny Chin as possibly related to 1:00cv8166. (gf)
2	Feb. 10, 2003	Notice of Case Assignment to Judge Allen G. Schwartz . Copy of notice and judge's rules mailed to Attorney(s) of record: Lisa Freeman, Dori . Lewis . (jol) (Entered: 02/11/2003)	RECAP
	Feb. 10, 2003	Case Declined as Not Related
	Feb. 10, 2003	Case referred as related to 1:00cv8166 and declined by Judge Denny Chin and returned to wheel for assignment. (jol)
	Feb. 10, 2003	Case Designation
	Feb. 10, 2003	Magistrate Judge Gabriel W. Gorenstein is so designated. (jol)
3	Feb. 19, 2003	Order that case be referred to the Clerk of Court for assignment to a Magistrate Judge for general pretrial/including initial case management conference. Referred to Magistrate Judge Gabriel W. Gorenstein. ( signed by Judge Allen G. Schwartz ) (kw) (Entered: 02/19/2003)	RECAP
4	Feb. 21, 2003	Memo-Endorsement on letter addressed to Judge Schwartz from Richard W. Brewster, dated 2/19/03. Re:, answer due for 4/1/03 for Pete Zawislak, for Delroy Thorpe, for Robert Smith, for Jeffrey Shawver, for Michael Pinque, for Larue Rico Meyer, for John E. Gilbert III, for Michael Galbreath, for M. Evans, for Clarence Davis, for James Stone, for Glenn Goord, for Peter Brown, for Barbara D. Leone, for Richard Roy, for Terry Baxter, for Donald Wolfe, for Melvin Williams, for Ronald Moscicki, for Eliane Lord, for Alexandreena Dixon, for Dennis Crowley, for Roberta Coward, for Anginell Andrews, for Dept. of Corr. Application granted . ( signed by Judge Allen G. Schwartz ); (jco) Modified on 02/26/2003 (Entered: 02/25/2003)	RECAP
5	March 31, 2003	ORDER; answer due to complaint for 5/15/03 for Pete Zawislak, for Delroy Thorpe, for Robert Smith, for Jeffrey Shawver, for Michael Pinque, for Larue Rico Meyer, for John E. Gilbert III, for Michael Galbreath, for M. Evans, for Clarence Davis, for James Stone, for Glenn Goord, for Peter Brown, for Barbara D. Leone, for Richard Roy, for Terry Baxter, Donald Wolfe, for Melvin Williams, for Ronald Moscicki, for Eliane Lord, for Alexandreena Dixon, for Dennis Crowley, Roberta Coward, for Anginell Andrews, for Dept. of Corr. ( signed by Chief Judge Michael B. Mukasey ); (jco) (Entered: 04/01/2003)	RECAP
6	April 16, 2003	Notice of Case reassignment to Judge Kevin T. Duffy . Copy of notice and judge's rules mailed to Attorney(s) of record: Lisa Freeman, Dori . Lewis . (laq) (Entered: 04/21/2003)	RECAP
7	May 7, 2003	ANSWER to Complaint by Delroy Thorpe (Attorney John J. Walsh from the Firm: Boeggeman George Hodges); jury demand. (sb) (Entered: 05/09/2003)	RECAP
8	May 15, 2003	ANSWER to Complaint by Clarence Davis (Attorney John J. Walsh, Joseph M. La Tona from the Firm: Joseph M. La Tona, Esq.); jury demand. (gmo) (Entered: 05/16/2003)	RECAP
9	May 15, 2003	ANSWER to Complaint by Anginell Andrews, Roberta Coward, Dennis Crowley, Alexandreena Dixon, Eliane Lord, Ronald Moscicki, Melvin Williams, Donald Wolfe, Terry Baxter, Richard Roy, Barbara D. Leone, Peter Brown, Glenn Goord, James Stone (Attorney John J. Walsh, Joseph M. La Tona, Rebecca Ann Durden from the Attorney General) . (gmo) (Entered: 05/16/2003)	RECAP
12	May 15, 2003	CLASS ACTION ANSWER to Complaint and COUNTERCLAIM by John E. Gilbert III(Attorney Diane R. Tiveron) against Lucy Amador, Stacie Calloway, Tonie Coggins, Latasha Dockery, Tanya Jones, Bobbie Kidd, Bette Jean McDonald, Kristina Muehleisen, Jeanette Perez, Laura Pullen, Corilynn Rock, Denise Saffioti, Shenyell Smith, Hope Susoh, Nakia Thompson Firm of: Hogan & Willig by attorney Diane R. Tiveron for defendant John E. Gilbert III. (pl) (Entered: 06/09/2003)	RECAP
10	May 16, 2003	ANSWER to Complaint by Rico Meyers (Attorney Rocco G. Avallone from the Firm: Cronin Byczek, LLP) . (moc) (Entered: 05/20/2003)	RECAP
11	May 20, 2003	NOTICE OF MOTION by Robert Smith; for an Order permitting George V.C. Muscato to appear pro hac vice . Return Date not indicated. (jco) (Entered: 05/27/2003)	RECAP
13	June 5, 2003	ORDER, set case management conference for 10:30 a.m. on 7/15/03 in ctrm 228, US Courthouse, 40 Centre Street, New York, New York . ( signed by Magistrate Judge Gabriel W. Gorenstein ); Copies forwarded by chambers. (kw) (Entered: 06/09/2003)	RECAP
14	June 6, 2003	ANSWER by Anginell Andrews, Roberta Coward, Dennis Crowley, Alexandreena Dixon, Eliane Lord, Ronald Moscicki, Melvin Williams, Donald Wolfe, Terry Baxter, Richard Roy, Barbara D. Leone, Peter Brown, Glenn Goord, James Stone to Cross claims of Rico Meyers; by attorney Rebecca Ann Durden. (moc) (Entered: 06/12/2003)	RECAP
	June 6, 2003	Order
	June 6, 2003	Memo endorsed on dft Smith's motion; granting [11-1] motion for an Order permitting George V.C. Muscato and Thomas M. DiMillo to appear pro hac vice on behalf of dft Robert Smith. ( signed by Judge Kevin T. Duffy ); (dle)
	June 11, 2003	Cashiers Remark
	June 11, 2003	CASHIER'S OFFICE REMARK on [11-1] motion for an Order permitting George V.C. Muscato to appear pro hac vice in the amount of $50.00 paid on 6/11/03 Receipt # 476154. (jco)
17	June 12, 2003	NOTICE OF MOTION by M. Evans, Jeffrey Shawver for an order, pursuant to Rule 12(b)(6) of the FRCP, dismissing the complaint as against dft's Jeffrey Shawver and Michael Evans . Return Date 7/29/03 at 9:30. (laq) (Entered: 06/23/2003)	RECAP
15	June 16, 2003	ANSWER to Complaint by Robert Smith (Attorney George V.C. Muscato ). (jco) (Entered: 06/17/2003)	RECAP
16	June 18, 2003	REPLY by Lucy Amador, Stacie Calloway, Tonie Coggins, Latasha Dockery, Tanya Jones, Bobbie Kidd, Bette Jean McDonald, Kristina Muehleisen, Jeanette Perez, Laura Pullen, Corilynn Rock, Denise Saffioti, Shenyell Smith, Hope Susoh, Nakia Thompson to [12-2] counter claim ; Firm of: The Legal Aid Society, The Prisoners' Right Project by attorney Lisa Freeman for counter-defendant Nakia Thompson, Dori A. Lewis for counter-defendant Nakia Thompson (db) (Entered: 06/19/2003)	RECAP
18	June 19, 2003	MEMORANDUM OF LAW by M. Evans, Jeffrey Shawver in support of [17-1] motion for an order, pursuant to Rule 12(b)(6) of the FRCP, dismissing the complaint as against dft's Jeffrey Shawver and Michael Evans. (laq) (Entered: 06/23/2003)	RECAP
19	July 2, 2003	ORDER; that Lawrence H. Schaefer to appear pro hac vice on behalf of dft's Michael Evans and Jeffrey Shawver . signed by Magistrate Judge Gabriel W. Gorenstein ); forwarded this document to Attorney Admissions Clerk. (pl) (Entered: 07/03/2003)	RECAP
20	July 14, 2003	NOTICE of attorney appearance for Stacie Calloway, Tonie Coggins, Latasha Dockery, Tanya Jones, Kristina Muehleisen, Shenyell Smith, Hope Susoh, Nakia Thompson by Scott Ruskay-Kidd, Camille Gear, Justin Smith. (dle) (Entered: 07/15/2003)	RECAP
21	July 15, 2003	ACKNOWLEDGEMENT OF SERVICE of summons and complaint as to Anginell Andrews, Roberta Coward, Dennis Crowley, Alexandreena Dixon, Eliane Lord, Ronald Moscicki, Melvin Williams, Donald Wolfe, Terry Baxter, Richard Roy, Barbara D. Leone, Peter Brown, Glenn Goord, James Stone, Clarence Davis, M. Evans, Michael Galbreath, John E. Gilbert III, Michael Pinque, Jeffrey Shawver, Robert Smith, Delroy Thorpe, Pete Zawislak, Laure, Rico Meyers by acknowledgmemt of receipt by m on 4/21/03 . Answer due on 5/12/03 for Anginell Andrews, for Roberta Coward, for Dennis Crowley, for Alexandreena Dixon, for Eliane Lord, for Ronald Moscicki, for Melvin Williams, for Donald Wolfe, for Terry Baxter, for Richard Roy, for Barbara D. Leone, for Peter Brown, for Glenn Goord, for James Stone, for Clarence Davis, for M. Evans, for Michael Galbreath, for John E. Gilbert III, for Michael Pinque, for Jeffrey Shawver, for Robert Smith, for Delroy Thorpe, for Pete Zawislak, for Laure, for Rico Meyers. (sb) (Entered: 07/16/2003)	RECAP
22	July 15, 2003	Memo endorsed on copy of defendant Shawer and Evans' motion; Per the discussion at today's conference, withdrawing without jurisdiction to renewal [17-1] motion for an order, pursuant to Rule 12(b)(6) of the FRCP, dismissing complaint as against dft's Jeffrey Shawver and Michael Evans; Counsel shall file an answer on these de fendants' behal within 30 days ; ( signed by Magistrate Judge Gabriel W. Gorenstein ); (djc) (Entered: 07/16/2003)	RECAP
23	July 15, 2003	Memo endorsed on COPY motion; granting deft's Delroy Thorpe motion to amend answer, without opposition, as stated at the 7/15/03 conference. ( signed by Magistrate Judge Gabriel W. Gorenstein ); (sac) (Entered: 07/16/2003)	RECAP
24	July 15, 2003	NOTICE OF MOTION (filed on service date) by Lucy Amador, Stacie Calloway, Tonie Coggins, Latasha Dockery, Tanya Jones, Bobbie Kidd, Bette Jean McDonald, Kristina Muehleisen, Jeanette Perez, Laura Pullen, Corilynn Rock, Denise Saffioti, Shenyell Smith, Hope Susoh, Nakia Thompson for an order purs. to Rule 23(a), (b)(1) and (b)(2) of the FRCP, certifying this action as a class action, and ordering that notice of this class action be distributed to the class . No Return Date. (sb) Modified on 07/16/2003 (Entered: 07/16/2003)	RECAP
25	July 15, 2003	MEMORANDUM OF LAW by Lucy Amador, Stacie Calloway, Tonie Coggins, Latasha Dockery, Tanya Jones, Bobbie Kidd, Bette Jean McDonald, Kristina Muehleisen, Jeanette Perez, Laura Pullen, Corilynn Rock, Denise Saffioti, Shenyell Smith, Hope Susoh, Nakia Thompson in support of [24-1] motion for an order purs. to Rule 23(a), (b)(1) and (b)(2) of the FRCP, certifying this action as a class action, and ordering that notice of this class action be distributed to the class . (sb) (Entered: 07/16/2003)	RECAP
26	July 15, 2003	DECLARATION of Lisa Freeman by Lucy Amador, Stacie Calloway, Tonie Coggins, Latasha Dockery, Tanya Jones, Bobbie Kidd, Bette Jean McDonald, Kristina Muehleisen, Jeanette Perez, Laura Pullen, Corilynn Rock, Denise Saffioti, Shenyell Smith, Hope Susoh, Nakia Thompson in support of [24-1] motion for an order purs. to Rule 23(a), (b)(1) and (b)(2) of the FRCP, certifying this action as a class action, and ordering that notice of this class action be distributed to the class . (sb) (Entered: 07/16/2003)	RECAP
27	July 17, 2003	ORDER, after consultation with the parties attending the conference on July 16, 2003, the following scheduling order is adopted by the Court purs to Rule 16 of the FRCP ; reset scheduling order deadlines: all non-expert discovery shall be completed by 12/15/04; see document for further discovery deadlines; Defendants shall inform the parties by letter on or before 06/17/05 whether any of them intend to move for summary judgment. Any such motion shall be served on or before 08/17/05; If no motion for summary judgment is contemplated, the joint pretrial order and any motions in limine shall be submitted on or before 07/18/05; the parties shall submit a confidentiality agreement to the Court by 08/29/03; Plaintiffs request Septemer 6, 2005 as the trial date. The Supervisory Defendants request February 1, 2006 as the trial date; Plaintiffs' motion for class certification shall be served by 07/15/03; Defendants' oppositon thereto, if nay, shall be served by 08/29/03; plaintiffs' reply, if any, shall be served by 09/19/03; Defendants' motions to dismiss shall be served by 09/19/03; Plaintiffs' opposition thereto, if any shall be served by 10/31/03; Defendants' reply, if any, shall be served by by 11/14/03 ; ( signed by Magistrate Judge Gabriel Gorenstein ); (djc) (Entered: 07/17/2003)	RECAP
28	July 21, 2003	NOTICE of attorney appearance for Defendant Mario Pique; (not named as a party to action) (djc) (Entered: 07/24/2003)	RECAP
29	July 29, 2003	NOTICE of to defendant Pete Zawislak to respond to complaint by Lucy Amador, Stacie Calloway, Tonie Coggins, Latasha Dockery, Tanya Jones, Bobbie Kidd, Bette Jean McDonald, Kristina Muehleisen, Jeanette Perez, Laura Pullen, Corilynn Rock, Denise Saffioti, Shenyell Smith, Hope Susoh, Nakia Thompson. (jco) (Entered: 07/31/2003)	RECAP
30	July 29, 2003	NOTICE to defendant Rick Larue to respond to complaint by Lucy Amador, Stacie Calloway, Tonie Coggins, Latasha Dockery, Tanya Jones, Bobbie Kidd, Bette Jean McDonald, Kristina Muehleisen, Jeanette Perez, Laura Pullen, Corilynn Rock, Denise Saffioti, Shenyell Smith, Hope Susoh, Nakia Thompson . (jco) (Entered: 07/31/2003)	RECAP
31	July 29, 2003	NOTICE to Defendants Michael R. Galbreath to respond to complaint of by Lucy Amador, Stacie Calloway, Tonie Coggins, Latasha Dockery, Tanya Jones, Bobbie Kidd, Bette Jean McDonald, Kristina Muehleisen, Jeanette Perez, Laura Pullen, Corilynn Rock, Denise Saffioti, Shenyell Smith, Hope Susoh, Nakia Thompson . (jco) (Entered: 07/31/2003)	RECAP
32	July 29, 2003	ANSWER to Complaint by Michael Pinque (Attorney Rocco G. Avallone from the Firm: Cronin Byczek) . (cd) (Entered: 08/01/2003)	RECAP
33	Aug. 11, 2003	Transcript of record of proceedings before Magistrate Judge Gabriel W. Gorenstein for the date(s) of 7/15/03. (cd) Modified on 10/20/2003 (Entered: 08/13/2003)	RECAP
34	Aug. 12, 2003	AMENDED ANSWER to Complaint by Delroy Thorpe : amends [7-1] answer; jury demand (moc) (Entered: 08/18/2003)	RECAP
35	Aug. 14, 2003	Memo-Endorsement on letter addressed to Mag. Judge Gorenstein from Peter Zawislak, dated 8/11/03. Re: dft. Pete Zawislak writes to the court and response to the complaint; this document shall be deemed the answer of this defendant . ( signed by Magistrate Judge Gabriel W. Gorenstein ); (pl) (Entered: 08/19/2003)	RECAP
36	Aug. 20, 2003	NOTICE of attorney appearance for Bette Jean McDonald, Jeanette Perez, Corilynn Rock by Scott Ruskay-Kidd. (sb) (Entered: 08/22/2003)	RECAP
37	Sept. 4, 2003	Memo-Endorsement on letter addressed to Judge Gorenstein from Rebecca Ann Durden, dated 08/28/03; Supervisory defendants' time to submit a proposed confidentiality agreement is extended to and including October 17, 2003 ; ( signed by Magistrate Judge Gabriel W. Gorenstein ); (djc) (Entered: 09/05/2003)	RECAP
39	Sept. 4, 2003	Transcript of record of proceedings before Magistrate Judge Gabriel W. Gorenstein for the date(s) of 9/3/03. (yv) (Entered: 09/11/2003)	RECAP
38	Sept. 5, 2003	ANSWER to Complaint by Michael Galbreath (Attorney Michael R. Galbreath). (moc) (Entered: 09/09/2003)	RECAP
40	Sept. 15, 2003	NOTICE OF MOTION by Lucy Amador, Stacie Calloway, Tonie Coggins, Latasha Dockery, Tanya Jones, Bobbie Kidd, Bette Jean McDonald, Kristina Muehleisen, Jeanette Perez, Laura Pullen, Corilynn Rock, Denise Saffioti, Shenyell Smith, Hope Susoh, Nakia Thompson; for an Order for leave to file a First Amended Class Action Complaint in this action . Return Date not indicated. (jco) (Entered: 09/19/2003)	RECAP
41	Sept. 15, 2003	MEMORANDUM OF LAW by Lucy Amador, Stacie Calloway, Tonie Coggins, Latasha Dockery, Tanya Jones, Bobbie Kidd, Bette Jean McDonald, Kristina Muehleisen, Jeanette Perez, Laura Pullen, Corilynn Rock, Denise Saffioti, Shenyell Smith, Hope Susoh, Nakia Thompson in support of [40-1] motion for an Order for leave to file a First Amended Class Action Complaint in this action. (jco) (Entered: 09/19/2003)	RECAP
42	Sept. 15, 2003	DECLARATION of Dori A. Lewis in support [40-1] motion for an Order for leave to file a First Amended Class Action Complaint in this action. (jco) (Entered: 09/19/2003)	RECAP
43	Sept. 25, 2003	REQUEST for Production of Documents by Robert Smith (djc) (Entered: 09/29/2003)	RECAP
48	Oct. 7, 2003	ANSWER to Complaint by Jeffrey Shawver (Attorney Lawrence H. Schaefer from the Firm: Hinman Straub P.C.) . (yv) (Entered: 10/27/2003)	RECAP
49	Oct. 7, 2003	ANSWER to Complaint by M. Evans (Attorney Lawrence H. Schaefer from the Firm: Hinman Straub, P.C.) . (yv) (Entered: 10/27/2003)	RECAP
	Oct. 8, 2003	Order
	Oct. 8, 2003	Memo endorsed on motion; No opposition having been received, the [40-1] motion for an Order for leave to file a First Amended Class Action Complaint in this action is granted. ( signed by Magistrate Judge Gabriel W. Gorenstein ); (dle)
44	Oct. 14, 2003	Supervisory Defendants' DECLARATION of Daniel Schulze in opposition to Motion for Class Certification. (djc) (Entered: 10/16/2003)	RECAP
72	Oct. 14, 2003	FIRST AMENDED COMPLAINT by Lucy Amador, Stacie Calloway, Tonie Coggins, Latasha Dockery, Bobbie Kidd, Bette Jean McDonald, Kristina Muehleisen, Jeanette Perez, Laura Pullen, Corilynn Rock, Denise Saffioti, Shenyell Smith, Hope Susoh, Nakia Thompson (Answer due 10/24/03 for Anginell Andrews, for Roberta Coward, for Dennis Crowley, for Alexandreena Dixon, for Eliane Lord, for Ronald Moscicki, for Melvin Williams, for Donald Wolfe, for Terry Baxter, for Richard Roy, for Barbara D. Leone, for Peter Brown, for Glenn Goord, for James Stone, for Clarence Davis, for M. Evans, for Michael Galbreath, for John E. Gilbert III, for Jeffrey Shawver, Robert Smith, for Rico Meyers, for Delroy Thorpe, for Pete Zawislak, for Rick Laure, for Mario Pique ) amending [1-1] complaint ; Summons issued. Jury Trial Demanded. (ae) Modified on 11/19/2003 (Entered: 11/19/2003)	RECAP
45	Oct. 15, 2003	MEMORANDUM OF LAW by M. Evans, Jeffrey Shawver in support of motion to sever and transfer and in opposition to plaintiff's motion for class certification. (moc) (Entered: 10/20/2003)	RECAP
46	Oct. 20, 2003	DECLARATION of Thomas G. Eagen by defendants in opposition Re: [24-1] motion for an order purs. to Rule 23(a), (b)(1) and (b)(2) of the FRCP, certifying this action as a class action, and ordering that notice of this class action be distributed to the class . (kw) Modified on 10/20/2003 (Entered: 10/20/2003)	RECAP
47	Oct. 22, 2003	Memo-Endorsement on letter addressed to Judge Gorenstein from Richard W. Brewster, dated 10/8/03. counsel requests that the Court approve the previously agreed deadline for response to initial document requests. In light of plaintiffs' 10/7/03 letter, the Court is troubled that the Supervisory defendants did not fully disclose the plaintiffs' position as to their request (including plaintiffs' apparent offer of a 2-week extension). Nonetheless, in light of the sudden departure of lead counsel - for whom the Attorney General must promptly arrange coverage - the Court Will grant an extension to 11/3/03. The parties are warned that in the future, they must strictly adhere to the requirements of this Court's Individual Practices including paragraph 2A . ( signed by Magistrate Judge Gabriel W. Gorenstein ); (yv) (Entered: 10/24/2003)	RECAP
50	Oct. 29, 2003	INITIAL RULE 26 DISCLOSURE by Michael Pinque . (moc) (Entered: 10/30/2003)	RECAP
51	Oct. 30, 2003	Letter filed by Pete Zawislak addressed to Judge Gorenstein from Peter Zawislak, dated 10/27/03, re: as an answer to the complaint. (moc) (Entered: 10/31/2003)	RECAP
52	Oct. 30, 2003	NOTICE of attorney appearance for Bobbie Kidd, Laura Pullen by Scott Ruskay-Kidd. (sb) (Entered: 10/31/2003)	RECAP
53	Oct. 30, 2003	NOTICE OF MOTION (filed on service date) of Defendant Charles Davis, for dismissal of the amended complaint as to the defendant, Charles Davis under Rule 12(b) of the Federal Rules of Civil Procedure ; Joinder in co-defendants' arguments for dismissal ; Return Date not indicated; (djc) (Entered: 11/03/2003)	RECAP
59	Oct. 30, 2003	ANSWER to Complaint by Robert Smith (Attorney George V.C. Muscato from the Firm: Muscato, DiMillo & Vona) . (dle) (Entered: 11/04/2003)	RECAP
	Oct. 30, 2003	Motion Not Referred
	Oct. 30, 2003	Motion Not Referred: re: 53 Motion to DismissMotion for JoinderMotion for Joinder. (dw, )
54	Oct. 31, 2003	MEMORANDUM OF LAW in support of [53-1] motion for dismissal of the amended complaint as to the defendant, Charles Davis under Rule 12(b) of the Federal Rules of Civil Procedure, [53-2] motion Joinder in co-defendants' arguments for dismissal. (djc) (Entered: 11/03/2003)	RECAP
55	Oct. 31, 2003	NOTICE OF MOTION by Rico Meyers and Mario Pique pursuant to Rule 12(b)(1)(6) and Rule 56 of the FRCP, dismissing this action on the grounds that plaintiffs failed to exhaust their administrative remedies, the amended complaint fails to state a claim against the defendant upon which relief may be granted and that this Court lacks jurisdiction . Return Date not indicated. Declaration of Rocco G. Avallone in support attached. (yv) Modified on 11/04/2003 (Entered: 11/04/2003)	RECAP
56	Oct. 31, 2003	MEMORANDUM OF LAW by Rico Meyers and Mario Pique in support of [55-1] motion pursuant to Rule 12(b)(1)(6) and Rule 56 of the FRCP, dismissing this action on the grounds that plaintiffs failed to exhaust their administrative remedies, the amended complaint fails to state a claim against the defendant upon which relief may be granted and that this Court lacks jurisdiction . (yv) (Entered: 11/04/2003)	RECAP
57	Oct. 31, 2003	MEMORANDUM OF LAW by Lucy Amador, Stacie Calloway, Tonie Coggins, Latasha Dockery, Tanya Jones, Bobbie Kidd, Bette Jean McDonald, Kristina Muehleisen, Jeanette Perez, Laura Pullen, Corilynn Rock, Denise Saffioti, Shenyell Smith, Hope Susoh, Nakia Thompson, Stephanie Dawson, Shantelle Smith in support of [24-1] motion for an order purs. to Rule 23(a), (b)(1) and (b)(2) of the FRCP, certifying this action as a class action, and ordering that notice of this class action be distributed to the class and in opposition to defendants Shawver and Evans's motion to sever and transfer and defendant Thorpe's motion to sever. (yv) (Entered: 11/04/2003)	RECAP
58	Oct. 31, 2003	DECLARATION of Scott Ruskay-Kidd by Lucy Amador, Stacie Calloway, Tonie Coggins, Latasha Dockery, Tanya Jones, Bobbie Kidd, Bette Jean McDonald, Kristina Muehleisen, Jeanette Perez, Laura Pullen, Corilynn Rock, Denise Saffioti, Shenyell Smith, Hope Susoh, Nakia Thompson, Stephanie Dawson, Shantelle Smith in support Re: [24-1] motion for an order purs. to Rule 23(a), (b)(1) and (b)(2) of the FRCP, certifying this action as a class action, and ordering that notice of this class action be distributed to the class and in opposition to defendants Shawver and Evans's motion to sever and transfer and defendant Thorpe's motion to sever. (yv) (Entered: 11/04/2003)	RECAP
61	Oct. 31, 2003	NOTICE OF MOTION (filed on service date) by John E. Gilbert III for an order dismissing complaint purs to Rule 12(b)(6) of the FRCP ; Return Date not indicated; (djc) (Entered: 11/05/2003)	RECAP
64	Oct. 31, 2003	NOTICE OF MOTION (FILED ON SERVICE DATE) by "Supervisory Dfts" Anginell Andrews, Roberta Coward, Dennis Crowley, Alexandreena Dixon, Eliane Lord, Ronald Moscicki, Melvin Williams, Donald Wolfe, Terry Baxter, Richard Roy, Barbara D. Leone, Peter Brown, Glenn Goord, James Stone for an order pursuant to Rule 12(b)(1), 12(b)(3) and 12(b)(6), 28 USC 1391, 1404 and 42 USC 1997e(a) dismissing all claims asserted against them in this action . No Return Date indicated. (db) (Entered: 11/05/2003)	RECAP
	Oct. 31, 2003	Motion Not Referred
	Oct. 31, 2003	Motion Not Referred: re: 55 Motion to Dismiss/Lack of Jurisdiction filed by Rico Meyers. (dw, )
	Oct. 31, 2003	Motion Not Referred: re: 61 Motion to Dismiss filed by John E. Gilbert, 64 Motion to Dismiss filed by Glenn Goord, Anginell Andrews, Alexandreena Dixon, James Stone, Ronald Moscicki, Richard Roy, Peter Brown, Roberta Coward, Dennis Crowley, Eliane Lord, Melvin Williams, Donald Wolfe, Terry Baxter, Barbara D. Leone. (dw, )
60	Nov. 3, 2003	Memorandum to Docket Clerk: PRETRIAL CONFERENCE held before Magistrate Judge Gabriel W. Gorenstein at 4:00 p.m. (kw) (Entered: 11/04/2003)	RECAP
62	Nov. 3, 2003	MEMORANDUM OF LAW by John E. Gilbert IIIin support of [61-1] motion for an order dismissing complaint purs to Rule 12(b)(6) of the FRCP . (djc) (Entered: 11/05/2003)	RECAP
63	Nov. 3, 2003	Attorney AFFIDAVIT of Diane R. Tiveron, Esq. by John E. Gilbert III in support of [61-1] motion for an order dismissing complaint purs to Rule 12(b)(6) of the FRCP . (djc) (Entered: 11/05/2003)	RECAP
65	Nov. 3, 2003	MEMORANDUM OF LAW by "Supervisory Dfts" Anginell Andrews, Roberta Coward, Dennis Crowley, Alexandreena Dixon, Eliane Lord, Ronald Moscicki, Melvin Williams, Donald Wolfe, Terry Baxter, Richard Roy, Barbara D. Leone, Peter Brown, Glenn Goord, James Stone in support of [64-1] motion for an order pursuant to Rule 12(b)(1), 12(b)(3) and 12(b)(6), 28 USC 1391, 1404 and 42 USC 1997e(a) dismissing all claims asserted against them in this action. (db) (Entered: 11/05/2003)	RECAP
67	Nov. 3, 2003	NOTICE OF MOTION by Jeffrey Shawver, M. Evans; for an order, pursuant to Rule 12(b)(6) of the FRCP, dismissing the Amended Complaint as against defendants Jeffrey Shawver and Michael Evans ; Return Date not indicated. Affidavit of Lawrence H. Schaefer attached. (sac) (Entered: 11/07/2003)	RECAP
68	Nov. 3, 2003	MEMORANDUM OF LAW by Jeffrey Shawver, M. Evans in support of [67-1] motion for an order, pursuant to Rule 12(b)(6) of the FRCP, dismissing the Amended Complaint as against defendants Jeffrey Shawver and Michael Evans. (sac) (Entered: 11/07/2003)	RECAP
69	Nov. 3, 2003	NOTICE OF MOTION by Robert Smith: for an order, pursuant to Rule 56(c), of the Federal Rules of Federal Procedure, granting summary judgment to Defendant Robert Smith and against Lucy Amador ; Return Date not indicated. Affidavit of George V. C. Muscato attached. (sac) (Entered: 11/07/2003)	RECAP
70	Nov. 3, 2003	MEMORANDUM OF LAW by Robert Smith in support of [69-1] motion for an order, pursuant to Rule 56(c), of the Federal Rules of Federal Procedure, granting summary judgment to Defendant Robert Smith and against Lucy Amador. (sac) (Entered: 11/07/2003)	RECAP
	Nov. 3, 2003	Pretrial Conference - Initial
	Nov. 3, 2003	PRETRIAL CONFERENCE held before Magistrate Judge Gabriel W. Gorenstein at 4:00 p.m. (kw)
	Nov. 3, 2003	Motion Not Referred
	Nov. 3, 2003	Motion Not Referred: re: 69 Motion for Summary Judgment filed by Robert Smith, 67 Motion to Dismiss filed by M. Evans, Jeffrey Shawver. (dw, )
66	Nov. 4, 2003	CONFIDENTIALITY ORDER; regarding the procedures that will govern the handling of confidential information . ( signed by Magistrate Judge Gabriel W. Gorenstein ); (pl) (Entered: 11/06/2003)	RECAP
73	Nov. 5, 2003	MEMORANDUM OF LAW by Michael Galbreath in support of Motion to Dismiss Purs oFRCP 12(B)(6); (djc) (Entered: 11/19/2003)	RECAP
71	Nov. 12, 2003	Transcript of record of proceedings before Magistrate Judge Gabriel W. Gorenstein for the dates of 11/3/03. (sb) (Entered: 11/14/2003)	RECAP
74	Nov. 18, 2003	ANSWER to Complaint by Delroy Thorpe (Attorney John J. Walsh from the Firm: Boeggeman, George, et. al.); jury demand. (moc) (Entered: 11/20/2003)	RECAP
75	Nov. 21, 2003	ANSWER to Amended Complaint. Document filed by Jeffrey Shawver. Related document: 72 Amended Complaint,,, filed by Jeanette Perez, Lucy Amador, Stacie Calloway, Tonie Coggins, Latasha Dockery, Bobbie Kidd, Bette Jean McDonald, Kristina Muehleisen, Laura Pullen, Corilynn Rock, Denise Saffioti, Shenyell Smith, Hope Susoh, Nakia Thompson.(yv, ) (Entered: 12/02/2003)	RECAP
76	Dec. 1, 2003	TRANSCRIPT of proceedings held on 11/3/03 before Judge Gabriel W. Gorenstein.(cd, ) (Entered: 12/10/2003)	RECAP
	Dec. 1, 2003	Motion Not Referred
	Dec. 1, 2003	Motion Not Referred: re: 24 Motion to Certify Class filed by Jeanette Perez, Lucy Amador, Stacie Calloway, Tonie Coggins, Latasha Dockery, Tanya Jones, Bobbie Kidd, Bette Jean McDonald, Kristina Muehleisen, Laura Pullen, Corilynn Rock, Denise Saffioti, Shenyell Smith, Hope Susoh, Nakia Thompson. (rag, )
77	Dec. 5, 2003	ADMISSION OF SERVICE. The Class Action First Amended Complaint was served on 12/1/03. Document filed by Lieutenant David Smith. (sb, ) (Entered: 12/16/2003)	RECAP

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Case Details

State / Territory:

New York

Case Type(s):

Prison Conditions

Special Collection(s):

Multi-LexSum (in sample)

Key Dates

Filing Date: Jan. 28, 2003

Closing Date: 2015

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Female inmates in New York State prisons who were subjected to repeated acts of sexual abuse and harassment by prison staff

Public Interest Lawyer: Yes

Filed Pro Se: Unknown

Class Action Sought: Yes

Class Action Outcome: Denied

Defendants

State

New York Department of Correctional Services

Facility Type(s):

Government-run

Case Details

Causes of Action:

42 U.S.C. § 1983

Constitutional Clause(s):

Cruel and Unusual Punishment

Due Process

Equal Protection

Freedom of speech/association

Other Dockets:

Southern District of New York 1:03-cv-00650

U.S. Court of Appeals for the Second Circuit 08-02079

Available Documents:

Any published opinion

Complaint (any)

Trial Court Docket

Outcome

Prevailing Party: Defendant

Relief Granted:

None

Source of Relief:

Settlement

Form of Settlement:

Private Settlement Agreement

Issues

Affected Sex/Gender(s):

Female

Jails, Prisons, Detention Centers, and Other Institutions:

Sex w/ staff; sexual harassment by staff

Recommended Citation

Case Summary of Amador v. Department of Correctional Services, Civil Rights Litig. Clearinghouse, https://clearinghouse.net/case/857/ (last updated 1/31/2016).