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.

	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	Sept. 13, 2005	Sept. 13, 2005 Order/Opinion
194 1:03-cv-00650	Opinion and Order Amador v. Superintendents of Dept. of Correctional Services	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	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	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

ECF Number	Description	Date	Link Date / Link
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 Referred as Possibly Related/Similar	Jan. 28, 2003	Jan. 28, 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
	Case Designation	Feb. 10, 2003	Feb. 10, 2003 PACER
	Case Declined as Not Related	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
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
	Order	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

Case: Amador v. Department of Correctional Services

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

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