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 harassm…

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 attrorneys, see: https://www.courtlistener.com/docket/4525039/parties/amador-v-andrews/


Judge(s)

Duffy, Kevin Thomas (New York)

Gorenstein, Gabriel W. (New York)

Winter, Ralph K. Jr. (Connecticut)

Attorneys(s) for Plaintiff

Freeman, Lisa (New York)

Gear, Camille (New York)

Gearhart, Terra Linden (New York)

Houlding, Rebecca (New York)

Lewis, Dori A. (New York)

Mikkor, Alison (New York)

O'Connor, Maeve L. (New York)

Judge(s)

Duffy, Kevin Thomas (New York)

Gorenstein, Gabriel W. (New York)

Winter, Ralph K. Jr. (Connecticut)

Attorneys(s) for Plaintiff

Freeman, Lisa (New York)

Gear, Camille (New York)

Gearhart, Terra Linden (New York)

Houlding, Rebecca (New York)

Lewis, Dori A. (New York)

Mikkor, Alison (New York)

O'Connor, Maeve L. (New York)

Pedro, Portia D. (New Jersey)

Rich, Camille Gear (New York)

Ruskay-Kidd, Scott (New York)

Salas-Aguilar, Claudio Damian (New York)

Smith, Justin P (New York)

Vela, Veronica (New York)

Wang, Zheng (New York)

Attorneys(s) for Defendant

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)

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)

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 Attorney(s)

Colon, Raymond L (New York)

De Oliveira, Pedro Lourenco (New York)

Eisenberg, Svetlana Malahova (New York)

Documents in the Clearinghouse

Document

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

2005 WL 2234050, 2005 U.S.Dist.LEXIS 20249

Sept. 13, 2005

Sept. 13, 2005

Order/Opinion
194

1:03-cv-00650

Opinion and Order

Amador v. Superintendents of Dept. of Correctional Services

2007 WL 4326747, 2007 U.S.Dist.LEXIS 89648

Dec. 4, 2007

Dec. 4, 2007

Order/Opinion
281

1:03-cv-00650

Opinion and Order (Granting Plaintiff's Motion for Summary Judgment)

Amador v. Andrews

2010 WL 2365855

June 10, 2010

June 10, 2010

Order/Opinion

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

655 F.3d 89

Aug. 19, 2011

Aug. 19, 2011

Order/Opinion
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

Resources

Docket

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

Last updated July 23, 2022, 3:11 a.m.

ECF Number Description Date Link Date / Link

Case Referred as Possibly Related/Similar

Jan. 28, 2003

Jan. 28, 2003

PACER
1

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)

Jan. 28, 2003

Jan. 28, 2003

PACER

Case Declined as Not Related

Feb. 10, 2003

Feb. 10, 2003

PACER

Case Designation

Feb. 10, 2003

Feb. 10, 2003

PACER
2

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)

Feb. 10, 2003

Feb. 10, 2003

PACER
3

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)

Feb. 19, 2003

Feb. 19, 2003

PACER
4

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)

Feb. 21, 2003

Feb. 21, 2003

PACER
5

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)

March 31, 2003

March 31, 2003

PACER
6

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)

April 16, 2003

April 16, 2003

PACER
7

ANSWER to Complaint by Delroy Thorpe (Attorney John J. Walsh from the Firm: Boeggeman George Hodges); jury demand. (sb) (Entered: 05/09/2003)

May 7, 2003

May 7, 2003

PACER
8

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)

May 15, 2003

May 15, 2003

PACER
9

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)

May 15, 2003

May 15, 2003

PACER
12

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)

May 15, 2003

May 15, 2003

PACER
10

ANSWER to Complaint by Rico Meyers (Attorney Rocco G. Avallone from the Firm: Cronin Byczek, LLP) . (moc) (Entered: 05/20/2003)

May 16, 2003

May 16, 2003

PACER
11

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)

May 20, 2003

May 20, 2003

PACER
13

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)

June 5, 2003

June 5, 2003

PACER

Order

June 6, 2003

June 6, 2003

PACER
14

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)

June 6, 2003

June 6, 2003

PACER

Cashiers Remark

June 11, 2003

June 11, 2003

PACER
17

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)

June 12, 2003

June 12, 2003

PACER
15

ANSWER to Complaint by Robert Smith (Attorney George V.C. Muscato ). (jco) (Entered: 06/17/2003)

June 16, 2003

June 16, 2003

PACER
16

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)

June 18, 2003

June 18, 2003

PACER
18

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)

June 19, 2003

June 19, 2003

PACER
19

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)

July 2, 2003

July 2, 2003

PACER
20

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)

July 14, 2003

July 14, 2003

PACER
21

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)

July 15, 2003

July 15, 2003

PACER
22

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)

July 15, 2003

July 15, 2003

PACER
23

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)

July 15, 2003

July 15, 2003

PACER
24

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)

July 15, 2003

July 15, 2003

PACER
25

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)

July 15, 2003

July 15, 2003

PACER
26

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)

July 15, 2003

July 15, 2003

PACER
27

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)

July 17, 2003

July 17, 2003

PACER
28

NOTICE of attorney appearance for Defendant Mario Pique; (not named as a party to action) (djc) (Entered: 07/24/2003)

July 21, 2003

July 21, 2003

PACER
29

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)

July 29, 2003

July 29, 2003

PACER
30

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)

July 29, 2003

July 29, 2003

PACER
31

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)

July 29, 2003

July 29, 2003

PACER
32

ANSWER to Complaint by Michael Pinque (Attorney Rocco G. Avallone from the Firm: Cronin Byczek) . (cd) (Entered: 08/01/2003)

July 29, 2003

July 29, 2003

PACER
33

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)

Aug. 11, 2003

Aug. 11, 2003

PACER
34

AMENDED ANSWER to Complaint by Delroy Thorpe : amends [7-1] answer; jury demand (moc) (Entered: 08/18/2003)

Aug. 12, 2003

Aug. 12, 2003

PACER
35

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)

Aug. 14, 2003

Aug. 14, 2003

PACER
36

NOTICE of attorney appearance for Bette Jean McDonald, Jeanette Perez, Corilynn Rock by Scott Ruskay-Kidd. (sb) (Entered: 08/22/2003)

Aug. 20, 2003

Aug. 20, 2003

PACER
37

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)

Sept. 4, 2003

Sept. 4, 2003

PACER
39

Transcript of record of proceedings before Magistrate Judge Gabriel W. Gorenstein for the date(s) of 9/3/03. (yv) (Entered: 09/11/2003)

Sept. 4, 2003

Sept. 4, 2003

PACER
38

ANSWER to Complaint by Michael Galbreath (Attorney Michael R. Galbreath). (moc) (Entered: 09/09/2003)

Sept. 5, 2003

Sept. 5, 2003

PACER
40

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)

Sept. 15, 2003

Sept. 15, 2003

PACER
41

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)

Sept. 15, 2003

Sept. 15, 2003

PACER
42

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)

Sept. 15, 2003

Sept. 15, 2003

PACER
43

REQUEST for Production of Documents by Robert Smith (djc) (Entered: 09/29/2003)

Sept. 25, 2003

Sept. 25, 2003

PACER
48

ANSWER to Complaint by Jeffrey Shawver (Attorney Lawrence H. Schaefer from the Firm: Hinman Straub P.C.) . (yv) (Entered: 10/27/2003)

Oct. 7, 2003

Oct. 7, 2003

PACER
49

ANSWER to Complaint by M. Evans (Attorney Lawrence H. Schaefer from the Firm: Hinman Straub, P.C.) . (yv) (Entered: 10/27/2003)

Oct. 7, 2003

Oct. 7, 2003

PACER

Order

Oct. 8, 2003

Oct. 8, 2003

PACER
44

Supervisory Defendants' DECLARATION of Daniel Schulze in opposition to Motion for Class Certification. (djc) (Entered: 10/16/2003)

Oct. 14, 2003

Oct. 14, 2003

PACER
72

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)

Oct. 14, 2003

Oct. 14, 2003

PACER
45

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)

Oct. 15, 2003

Oct. 15, 2003

PACER
46

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)

Oct. 20, 2003

Oct. 20, 2003

PACER
47

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)

Oct. 22, 2003

Oct. 22, 2003

PACER
50

INITIAL RULE 26 DISCLOSURE by Michael Pinque . (moc) (Entered: 10/30/2003)

Oct. 29, 2003

Oct. 29, 2003

PACER

Motion Not Referred

Oct. 30, 2003

Oct. 30, 2003

PACER
51

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)

Oct. 30, 2003

Oct. 30, 2003

PACER
52

NOTICE of attorney appearance for Bobbie Kidd, Laura Pullen by Scott Ruskay-Kidd. (sb) (Entered: 10/31/2003)

Oct. 30, 2003

Oct. 30, 2003

PACER
53

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)

Oct. 30, 2003

Oct. 30, 2003

PACER
59

ANSWER to Complaint by Robert Smith (Attorney George V.C. Muscato from the Firm: Muscato, DiMillo & Vona) . (dle) (Entered: 11/04/2003)

Oct. 30, 2003

Oct. 30, 2003

PACER

Motion Not Referred

Oct. 31, 2003

Oct. 31, 2003

PACER
54

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)

Oct. 31, 2003

Oct. 31, 2003

PACER
55

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)

Oct. 31, 2003

Oct. 31, 2003

PACER
56

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)

Oct. 31, 2003

Oct. 31, 2003

PACER
57

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)

Oct. 31, 2003

Oct. 31, 2003

PACER
58

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)

Oct. 31, 2003

Oct. 31, 2003

PACER
61

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)

Oct. 31, 2003

Oct. 31, 2003

PACER
64

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)

Oct. 31, 2003

Oct. 31, 2003

PACER

Pretrial Conference - Initial

Nov. 3, 2003

Nov. 3, 2003

PACER

Motion Not Referred

Nov. 3, 2003

Nov. 3, 2003

PACER
60

Memorandum to Docket Clerk: PRETRIAL CONFERENCE held before Magistrate Judge Gabriel W. Gorenstein at 4:00 p.m. (kw) (Entered: 11/04/2003)

Nov. 3, 2003

Nov. 3, 2003

PACER
62

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)

Nov. 3, 2003

Nov. 3, 2003

PACER
63

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)

Nov. 3, 2003

Nov. 3, 2003

PACER
65

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)

Nov. 3, 2003

Nov. 3, 2003

PACER
67

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)

Nov. 3, 2003

Nov. 3, 2003

PACER
68

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)

Nov. 3, 2003

Nov. 3, 2003

PACER
69

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)

Nov. 3, 2003

Nov. 3, 2003

PACER
70

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)

Nov. 3, 2003

Nov. 3, 2003

PACER
66

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)

Nov. 4, 2003

Nov. 4, 2003

PACER
73

MEMORANDUM OF LAW by Michael Galbreath in support of Motion to Dismiss Purs oFRCP 12(B)(6); (djc) (Entered: 11/19/2003)

Nov. 5, 2003

Nov. 5, 2003

PACER
71

Transcript of record of proceedings before Magistrate Judge Gabriel W. Gorenstein for the dates of 11/3/03. (sb) (Entered: 11/14/2003)

Nov. 12, 2003

Nov. 12, 2003

PACER
74

ANSWER to Complaint by Delroy Thorpe (Attorney John J. Walsh from the Firm: Boeggeman, George, et. al.); jury demand. (moc) (Entered: 11/20/2003)

Nov. 18, 2003

Nov. 18, 2003

PACER
75

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)

Nov. 21, 2003

Nov. 21, 2003

PACER

Motion Not Referred

Dec. 1, 2003

Dec. 1, 2003

PACER
76

TRANSCRIPT of proceedings held on 11/3/03 before Judge Gabriel W. Gorenstein.(cd, ) (Entered: 12/10/2003)

Dec. 1, 2003

Dec. 1, 2003

PACER
77

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)

Dec. 5, 2003

Dec. 5, 2003

PACER
78

TRANSCRIPT of proceedings held on 11/3/03 before Judge Gabriel W. Gorenstein.(pr, ) (Entered: 01/09/2004)

Jan. 9, 2004

Jan. 9, 2004

PACER
81

MEMORANDUM OF LAW in Opposition to 61 Motion to Dismiss, 55 Motion to Dismiss/Lack of Jurisdiction, 64 Motion to Dismiss, 69 Motion for Summary Judgment, 53 Motion to Dismiss Motion for Joinder, 67 Motion to Dismiss. Document filed by Lucy Amador, Stacie Calloway, Tonie Coggins, Stephanie Dawson, Latasha Dockery, Tanya Jones, Bobbie Kidd, Bette Jean McDonald, Kristina Muehleisen, Jeanette Perez, Laura Pullen, Corilynn Rock, Denise Saffioti, Shantelle Smith, Shenyell Smith, Hope Susoh, Nakia Thompson. (sb, ) (Entered: 01/21/2004)

Jan. 9, 2004

Jan. 9, 2004

PACER
82

REPLY MEMORANDUM OF LAW in Support of 64 Motion to Dismiss. Document filed by Anginell Andrews, Terry Baxter, Peter Brown, Roberta Coward, Dennis Crowley, Alexandreena Dixon, Glenn Goord, Barbara D. Leone, Eliane Lord, Ronald Moscicki, Richard Roy, James Stone, Melvin Williams, Donald Wolfe. (sb, ) (Entered: 01/21/2004)

Jan. 9, 2004

Jan. 9, 2004

PACER
80

REPLY MEMORANDUM OF LAW in Support re: 61 Motion to Dismiss. Document filed by John E. Gilbert III. (sac, ) (Entered: 01/14/2004)

Jan. 12, 2004

Jan. 12, 2004

PACER
79

TRANSCRIPT of proceedings held on 11/3/03 before Magistrate Judge Gabriel W. Gorenstein. (ml, ) Modified on 2/19/2004 (kw, ). (Entered: 01/13/2004)

Jan. 13, 2004

Jan. 13, 2004

PACER
83

REPLY MEMORANDUM OF LAW in Support re: 67 Motion to Dismiss. Document filed by M. Evans, Jeffrey Shawver. (dle, ) (Entered: 01/22/2004)

Jan. 13, 2004

Jan. 13, 2004

PACER
84

REPLY MEMORANDUM OF LAW in Support re: 55 Motion to Dismiss/Lack of Jurisdiction. Document filed by Rico Meyers, Mario Pique. (jco, ) (Entered: 01/27/2004)

Jan. 16, 2004

Jan. 16, 2004

PACER
85

ENDORSED LETTER addressed to Magistrate Judge Gorenstein from Harvey A. Kaminsky dated 1/20/04 re: granting defendant Brenyah's request for extension of time until 3/1/04 to answer the complaint. (Signed by Judge Gabriel W. Gorenstein on 1/23/04) (tp, ) (Entered: 02/02/2004)

Jan. 26, 2004

Jan. 26, 2004

PACER
88

ENDORSED LETTER addressed to Magistrate Judge Gorenstein from Camille Rich dated 1/26/04 re: that DOCS shall disclose the address in accordance with this letter. Time for service on this defendant is extended to 2/27/04. (Signed by Judge Gabriel W. Gorenstein on 1/26/04) (tp, ) (Entered: 02/04/2004)

Jan. 27, 2004

Jan. 27, 2004

PACER
96

NOTICE OF MOTION (FILED ON SERVICE DATE) to Dismiss all claims against deft any opposing affdvts and ansering memo must be served by 2/17/04 (nite dep. box). Document filed by Robert Smith. (pa, ) (Entered: 03/01/2004)

Jan. 29, 2004

Jan. 29, 2004

PACER
86

Admission OF SERVICE. Frederick Brenyah served on 1/20/2004, answer due 2/9/2004. Service was accepted by Harvey Kaminsky. Document filed by Lucy Amador ; Stacie Calloway ; Tonie Coggins ; Stephanie Dawson ; Latasha Dockery ; Tanya Jones ; Bobbie Kidd ; Bette Jean McDonald ; Kristina Muehleisen ; Jeanette Perez ; Laura Pullen ; Corilynn Rock ; Denise Saffioti ; Shantelle Smith ; Shenyell Smith ; Hope Susoh ; Nakia Thompson. (kw, ) (Entered: 02/03/2004)

Jan. 30, 2004

Jan. 30, 2004

PACER
87

AFFIDAVIT OF SERVICE of Summons and Amended Complaint. Chris Sterling served on 1/20/2004, answer due 2/9/2004. Service was accepted by unidentified co-worker. Also service was made by mail. Document filed by Lucy Amador ; Stacie Calloway ; Tonie Coggins ; Stephanie Dawson ; Latasha Dockery ; Tanya Jones ; Bobbie Kidd ; Bette Jean McDonald ; Kristina Muehleisen ; Jeanette Perez ; Laura Pullen ; Corilynn Rock ; Denise Saffioti ; Shantelle Smith ; Shenyell Smith ; Hope Susoh ; Nakia Thompson. (kw, ) (Entered: 02/03/2004)

Jan. 30, 2004

Jan. 30, 2004

PACER

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

New York Department of Correctional Services (New York), State

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

Availably Documents:

Trial Court Docket

Complaint (any)

Any published opinion

Outcome

Prevailing Party: Defendant

Nature of Relief:

None

Source of Relief:

Settlement

Form of Settlement:

Private Settlement Agreement

Issues

General:

Sex w/ staff; sexual harassment by staff

Affected Gender:

Female

Type of Facility:

Government-run