Case: Hirschfeld v. Stone

1:99-cv-11693 | U.S. District Court for the Southern District of New York

Filed Date: Dec. 1, 1999

Closed Date: 2003

Clearinghouse coding complete

Case Summary

On December 1, 1999, the plaintiffs, confined to Mid-Hudson Forensic Psychiatric Center (Mid-Hudson) in New York, brought a civil rights action under 42 U.S.C. § 1983 in the Southern District of New York against hospital officials, physicians and the New York mental health commissioner. The plaintiffs, represented by Mental Hygiene Legal Service and the Special Litigation Unit of Legal Aid Society, were criminal defendants who had been found incapacitated to stand trial. In their suit, the plai…

On December 1, 1999, the plaintiffs, confined to Mid-Hudson Forensic Psychiatric Center (Mid-Hudson) in New York, brought a civil rights action under 42 U.S.C. § 1983 in the Southern District of New York against hospital officials, physicians and the New York mental health commissioner. The plaintiffs, represented by Mental Hygiene Legal Service and the Special Litigation Unit of Legal Aid Society, were criminal defendants who had been found incapacitated to stand trial. In their suit, the plaintiffs alleged violations of constitutional privacy rights via disclosure of confidential psychiatric and medical information. The plaintiffs argued that the use of "Fitness Reports" by the defendant, Mid-Hudson, effectively disclosed to the public confidential information because the reports were placed in unsealed court files accessible to the general public. "Fitness Reports" typically included the following: current mental status exam, observations regarding fitness, history of dangerousness, history relevant to fitness, current treatment, DSM IV diagnosis and forensic psychiatric opinion.

On May 9, 2000, the United States District Court for the Southern District of New York (Judge William H. Pauley III) granted class certification to all incapacitated criminal defendants confined at Mid-Hudson. Hirschfeld v. Stone, 193 F.R.D. 175 (S.D.N.Y. 2000). The court also granted the preliminary injunction requested by the plaintiffs and ordered that "Fitness Reports" could no longer be used in proceedings to determine a criminal defendant's capacity to proceed to trial. The court found that irreparable harm was caused by the disclosure of the personal information in question, and the state's interest in including personal information in reports submitted to courts and used to determine capacity was outweighed by the defendants' privacy interests.

On August 16, 2001, Judge Pauley issued a consent order stating that the plaintiffs' claims for injunctive relief would remain on the Court's active calendar for one year and then be moved to the Court's inactive calendar for an additional two year period. The case was closed on February 11, 2002.

Summary Authors

Tom Madison (1/23/2006)

Priyah Kaul (11/18/2014)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/4567264/parties/hirschfeld-v-stone/


Judge(s)

Pauley, William H. III (New York)

Attorney for Plaintiff

Feld, Dennis B. (New York)

Johnson, Laura R. (New York)

Licul, Valdi (New York)

Attorney for Defendant

Jaffe, William B. (District of Columbia)

Documents in the Clearinghouse

Documents in this case

1:99-cv-11693

Docket (PACER)

April 4, 2002

April 4, 2002

Docket

1:99-cv-11693

Memorandum and Order

May 9, 2000

May 9, 2000

Order/Opinion

193 F.R.D. 175

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4567264/hirschfeld-v-stone/

Last updated July 13, 2026, 5:29 a.m.

ECF Number Date Description Link
1 Dec. 1, 1999

COMPLAINT filed; Summons issued and Notice pursuant to 28 U.S.C. 636(c); FILING FEE $150.00. RECEIPT # 362486. (em) (Entered: 12/06/1999)

RECAP
2 Dec. 15, 1999

SCHEDULING ORDER: plaintiffs shall serve and file their motion for preliminary injunction by 12/14/99; defendants shall serve and file opposition papers and answer plaintiffs' complaint by 1/5/00; plaintiffs shall serve and file reply papers by 1/11/00 at 12:00 p.m.; oral argument is set for 1/14/00 at 11:00 a.m. ( signed by Judge William H. Pauley III ); Copies mailed. (kw) (Entered: 12/16/1999)

RECAP
3 Dec. 15, 1999

ORDER TO SHOW CAUSE by Sidney Hirschfeld; Show Cause Hearing set for 11:00 1/14/00 certifying this lawsuit as a pltff class action purs to FRCP 23 ; for preliminary injunction purs to FRCP 65 ; and directing that all papers in this lawsuit identifying pltffs by their full names be sealed ( signed by Judge William H. Pauley III ); Copies mailed. (lam) (Entered: 12/16/1999)

RECAP
4 Dec. 15, 1999

AFFIDAVIT of Oswald Johnson. (kw) (Entered: 12/16/1999)

RECAP
5 Dec. 15, 1999

AFFIDAVIT of John Mercado. (kw) (Entered: 12/16/1999)

RECAP
6 Dec. 15, 1999

AFFIDAVIT of Juan Rivera. (kw) (Entered: 12/16/1999)

RECAP
7 Dec. 15, 1999

AFFIDAVIT of Maria Piovanetti. (kw) (Entered: 12/16/1999)

RECAP
8 Dec. 15, 1999

MEMORANDUM OF LAW by Sidney Hirschfeld in support of [3-1] motion certifying this lawsuit as a pltff class action purs to FRCP 23, [3-2] motion for preliminary injunction purs to FRCP 65, and [3-3] motion directing that all papers in this lawsuit identifying pltffs by their full names be sealed. (kw) (Entered: 12/16/1999)

RECAP
9 Dec. 17, 1999

Affidavit of service as to Richard Bennett by Paul Dropauer on 12/7/99 and by mail on 12/8/99. Answer due on 12/27/99 for Richard Bennett. (kw) (Entered: 12/21/1999)

RECAP
10 Jan. 5, 2000

AFFIDAVIT of Dr. Charles Smith, Dir. of Clinical Services, by James Stone, Richard Bennett, Charles Smith, Muzaffar M. Khan, Dominic Ferro, Amruta Kodukula, Patricia Khoo in opposition Re: [3-1] motion certifying this lawsuit as a pltff class action purs to 23, [3-2] motion for preliminary injunction purs to FRCP [3-3] motion directing that all papers in this lawsuit identifying by their full names be sealed. (lam) Modified on 01/07/2000 (Entered: 01/07/2000)

RECAP
11 Jan. 5, 2000

MEMORANDUM OF LAW by James Stone, Richard Bennett, Charles Smith, Muzaffar M. Khan, Dominic Ferro, Amruta Kodukula, Patricia Khoo in to [3-1] motion certifying this lawsuit as a pltff class action purs to FRCP 23, [3-2] motion for preliminary injunction purs to FRCP 65, [3-3] motion directing that all papers in this lawsuit identifying pltffs by their full names be sealed (lam) Modified on 01/07/2000 (Entered: 01/07/2000)

RECAP
12 Jan. 5, 2000

ANSWER to Complaint by James Stone, Richard Bennett, Charles Smith, Muzaffar M. Khan, Dominic Ferro, Amruta Kodukula, Patricia Khoo (Attorney William B. Joffe from the Attorney General's Office). (lam) (Entered: 01/07/2000)

RECAP
13 Jan. 11, 2000

REPLY MEMORANDUM by Sidney Hirschfeld, O. J., M. P., J. M., and J. R. in support of re: [3-1] motion certifying this lawsuit as a pltff class action purs to FRCP 23, [3-2] motion for preliminary injunction purs to FRCP 65, and [3-3] motion directing that all papers in this lawsuit identifying pltffs by their full names be sealed. (kw) (Entered: 01/12/2000)

RECAP
14 Jan. 12, 2000

AMENDED ANSWER to Complaint by James Stone, Richard Bennett, Charles Smith, Muzaffar M. Khan, Dominic Ferro, Amruta Kodukula, and Patricia Khoo : amends [12-1] answer; jury demand. (kw) (Entered: 01/14/2000)

RECAP
15 May 10, 2000

MEMORANDUM AND ORDER, granting [3-1] motion certifying this lawsuit as a pltff class action purs to FRCP 23, granting [3-2] motion for preliminary injunction purs to FRCP 65, and granting [3-3] motion directing that all papers in this lawsuit pltffs by their full names be sealed; set pre-trial conference for 3:30 p.m. on 5/18/00 ; ( signed by Judge William H. Pauley III ); copies mailed. (kw) (Entered: 05/11/2000)

RECAP
16 May 24, 2000

SCHEDULING ORDER: status conference set for 7/7/00 at 11:00 a.m. ( Signed by Judge William H. Pauley III ); copies mailed. (kw) (Entered: 05/25/2000)

RECAP
17 May 31, 2000

SEALED DOCUMENT placed in vault. (afo) (Entered: 05/31/2000)

RECAP
18 July 10, 2000

Memo-Endorsement on letter addressed to Judge Pauley from Dennis B. Feld and William B. Jaffe, dated 6/29/00 reset status conference for 11:00 8/18/00 ( signed by Judge William H. Pauley III ); Copies mailed. (cd) Modified on 07/11/2000 (Entered: 07/10/2000)

RECAP
19 Aug. 10, 2000

Memo-Endorsement on letter addressed to Judge Pauley from William B. Jaffe, dated 08/04/00; reset status conference for 9:45 a.m. on 9/22/00 ; (signed by Judge William H. Pauley III); Copies mailed. (djc) (Entered: 08/11/2000)

RECAP
20 Sept. 25, 2000

SCHEDULING ORDER: setting further status conference for 2:30 p.m. on 1/19/01; ( signed by Judge William H. Pauley III ); Copies mailed. (kg) (Entered: 09/26/2000)

RECAP
21 Jan. 29, 2001

SCHEDULING ORDER: status conference is set for 11:00 a.m. on 2/16/01. If the parties wish to raise any issues with the Court at that time, letters detailing those issues should be submitted to the Court by 2/13/01. ( signed by Judge William H. Pauley III ); Copies mailed. (kw) (Entered: 02/01/2001)

RECAP
22 Feb. 8, 2001

SCHEDULING ORDER: that all counsel in this civil action appeared before the Court for a telephone conference on 2/6/01. The status conference set for 2/16/01 is adjourned until 3/6/01 at 2:15. If the parties wish to raise any issues with the Court at that time, letters detailing those issues should be submitted to the Corut by 3/2/01. ( signed by Judge William H. Pauley III ); Copies mailed. (pl) Modified on 02/09/2001 (Entered: 02/09/2001)

RECAP
23 March 13, 2001

Memo-Endorsement on letter addressed to Judge Pauley from William B. Jaffe, dated 03/05/01; reset status conference for 3:30 p.m. on 4/6/01 ; ( signed by Judge William H. Pauley III ); Copies mailed. (djc) Modified on 03/14/2001 (Entered: 03/13/2001)

RECAP
24 April 10, 2001

SCHEDULING ORDER: A Status conference will be held in this matter on 5/9/01 at 10:00 a.m.; (signed by Judge William H. Pauley III ); Copies mailed. (djc) (Entered: 04/11/2001)

RECAP
25 May 10, 2001

Memo-Endorsement on letter addressed to Judge Pauley from Dennis B. Feld, dated 05/08/01; reset status conference for 2:00 p.m. on 5/15/01 ; ( signed by Judge William H. Pauley III ); Copies mailed. (djc) Modified on 05/14/2001 (Entered: 05/14/2001)

RECAP
26 May 16, 2001

SCHEDULING ORDER: status conference set for 6/1/01 at 12:00 noon. ( signed by Judge William H. Pauley III ); Copies mailed. (ae) (Entered: 05/16/2001)

RECAP
27 June 4, 2001

Memo-Endorsement on letter addressed to Judge Pauley from William B. Jaffe, dated 05/31/01; reset status conference for 2:30 p.m. on 6/8/01 ; ( signed by Judge William H. Pauley III); Copies mailed. (djc) (Entered: 06/05/2001)

RECAP
28 June 11, 2001

SCHEDULING ORDER: a status conference will be held in this action on 6/22/01 at 3:00 p.m. ( signed by Judge William H. Pauley III ); Copies mailed. (sac) (Entered: 06/12/2001)

RECAP
29 June 25, 2001

Memo-Endorsement on letter addressed to Judge Pauley from William B. Jaffe, dated 6/21/01; reset status conference for 7/3/01 at 10:30 a.m. ( signed by Judge William H. Pauley III ); Copies mailed. (sac) (Entered: 06/26/2001)

RECAP
30 July 6, 2001

Memo-Endorsement on letter addressed to Judge Pauley from William B. Jaffe, dated 7/2/01; reset status conference for 2:00 PM on 7/27/01 . ( signed by Judge William H. Pauley III ); Copies mailed. (sn) (Entered: 07/06/2001)

RECAP
31 July 31, 2001

SCHEDULING ORDER: A status conference will be held in this matter on 8/13/01 at 2:30 p.m. Principals of the relevant parties, possessing full settlement authority, are required to attend; (signed by Judge William H. Pauley III ); Copies mailed. (djc) (Entered: 08/01/2001)

RECAP
32 Aug. 13, 2001

ORDER ON CONSENT, plntfs are granted leave to file Amended Complaint, dated 8/13/01, purs to FRCP 15 ( signed by Judge William H. Pauley III ); (cd) (Entered: 08/14/2001)

RECAP
33 Aug. 13, 2001

AMENDED CLASS ACTION COMPLAINT by Sidney Hirschfeld, O. J., M. P., J. M., J. R., A. L., S. B., R. H. (Answer due 8/27/01 for Patricia Khoo, for Amruta Kodukula, for Dominic Ferro, for Muzaffar M. Khan, for Charles Smith, for Richard Bennett, for James Stone ) amending [1-1] complaint against Quazi Al-Tariq, Harlna Kosson, Charles Sarner; Summons issued. (djc) (Entered: 08/15/2001)

RECAP
34 Aug. 16, 2001

CONSENT ORDER; the terms of this stipulation shall apply only to Mid-Hudson. This agreement, which modifies on consent the 5/9/00 order in this action, hereby resolves pltffs' claims for injunctive relief to date. Pltffs' claims for injunctive relief to date shall remain on this Court's active calendar for a period of one year from the date this stipulation is so ordered by the Court. Pltffs' claims for injunctive relief to date will remain on the Court's inactive calendar for an additional period of two more years after the one year period specified in this doc. If pltffs believe that defts have not substantially or materially complied with this agreement during the two-year period referenced in this doc., pltffs may reopen this action as set forth in this doc. Defts agree to pay pltffs' counsel the total amount of $3,900.00 as pltffs' counsels' costs to date in this action, subject to defts' review and verification of this amount. Mental Hygiene Legal Services and The Legal Aid Society shall not make an application for its fees in this action. ( signed by Judge William H. Pauley III ) (sac) (Entered: 08/17/2001)

RECAP
35 Aug. 16, 2001

SCHEDULING ORDER: Defendants shall serve and file their motion for summary judgment and supporting papers by 10/2/01; Plaintiffs shall serve and file their opposition papers by 11/2/01; Reply papers, if any, shall be served and filed by 11/19/01; Oral argument is set for 12/7/01 at 3:00 p.m. ( signed by Judge William H. Pauley III ); Copies mailed. (tp) (Entered: 08/17/2001)

RECAP
36 Aug. 27, 2001

AMENDED SCHEDULING ORDER: defendants shall serve and file their motion to dismiss the Amended Complaint and supporting papers by 10/2/01; plaintiffs shall serve and file their opposition papers by 11/2/01; reply papers, if any, shall be served and filed by 11/19/01; oral argument is set for 12/7/01 at 3:00 p.m. ( signed by Judge William H. Pauley III ); Copies mailed. (kw) (Entered: 08/28/2001)

RECAP
37 Oct. 2, 2001

Memo-Endorsement on letter addressed to Judge Pauley from William B. Jaffe, dated 9/24/01; counsel for the defendants write to request an extension to 11/2/01 to file defendants' motion to dismiss the amended complaint. Application granted; defendants' motion to dismiss the amended complaint shall be served and filed by 11/2/01; opposition papers shall be served and filed by 11/30/01; reply papers shall be served and filed by 12/14/01; oral argument is set for 1/4/02 at 2:30 p.m . ( signed by Judge William H. Pauley III ); Copies mailed. (kkc) (Entered: 10/02/2001)

RECAP
38 Nov. 6, 2001

SCHEDULING ORDER: A further telephone conference will be held on 12/7/01 at 11:45 AM. ( signed by Judge William H. Pauley III ); Copies mailed. (sn) (Entered: 11/13/2001)

RECAP
39 Dec. 12, 2001

SCHEDULING ORDER: a further telephone conference will be held on 2/8/02 at 10:00 a.m. ( signed by Judge William H. Pauley III ); Copies mailed. (kw) (Entered: 12/14/2001)

RECAP
40 Feb. 11, 2002

Order of discontinuance of this action w/out costs to any party, and w/out prejudice to restoring the action to this Court's calendar if the application to restore the action is made w/in 30 days of this Order. ( signed by Judge William H. Pauley III ) (ae) (Entered: 02/11/2002)

RECAP
41 March 11, 2002

STIPULATION; that plntfs' claims against Charles Smith M.D.;, Muzaffar M. Khan, M.D., Dominic Ferro, M.D., Amruta Kodukala M.D.., Patricia Khoo, M.D., Quazi S. Al-Tariq, M.D., Harlan Kosson, M.D., and Charles Sarner, M.D., with prejudice and plntfs' claims for damages against defts Stone and Bennet are dismissed with prejudice and as further set forth in this stipulation ( signed by Judge William H. Pauley III ) (cd) (Entered: 03/14/2002)

RECAP
42 April 4, 2002

Memorandum to Docket Clerk: Telephone conference held and concluded on 2/8/02. (rmo) (Entered: 04/05/2002)

RECAP

Case Details

State / Territory:

New York

Case Type(s):

Prison Conditions

Key Dates

Filing Date: Dec. 1, 1999

Closing Date: 2003

Case Ongoing: No

Plaintiffs

Plaintiff Description:

All incapacitated criminal defendants confined at Mid-Hudson

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

Legal Services/Legal Aid

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

State

New York State Department of Corrections

Defendant Type(s):

Jurisdiction-wide

Facility Type(s):

Government-run

Case Details

Causes of Action:

42 U.S.C. § 1983

Constitutional Clause(s):

Due Process

Other Dockets:

Southern District of New York 1:99-cv-11693

Available Documents:

Any published opinion

Injunctive (or Injunctive-like) Relief

Trial Court Docket

Outcome

Prevailing Party: Plaintiff OR Mixed

Relief Granted:

Injunction / Injunctive-like Settlement

Preliminary injunction / Temp. restraining order

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Content of Injunction:

Preliminary relief granted

Order Duration: 2001 - 2003

Issues

General/Misc.:

Classification / placement

Confidentiality

Disability and Disability Rights:

Mental impairment

Medical/Mental Health Care:

Mental health care, general

Recommended Citation