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 attrorneys, see: https://www.courtlistener.com/docket/4567264/parties/hirschfeld-v-stone/


Judge(s)

Pauley, William H. III (New York)

Attorneys(s) for Plaintiff

Feld, Dennis B. (New York)

Johnson, Laura R. (New York)

Licul, Valdi (New York)

Attorneys(s) for Defendant

Jaffe, William B. (District of Columbia)

Judge(s)

Pauley, William H. III (New York)

Attorneys(s) for Plaintiff

Feld, Dennis B. (New York)

Johnson, Laura R. (New York)

Licul, Valdi (New York)

Attorneys(s) for Defendant

Jaffe, William B. (District of Columbia)

Documents in the Clearinghouse

Document

1:99-cv-11693

Docket (PACER)

April 4, 2002

April 4, 2002

Docket

1:99-cv-11693

Memorandum and Order

193 F.R.D. 175

May 9, 2000

May 9, 2000

Order/Opinion

Resources

Docket

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

Last updated Aug. 16, 2022, 3:03 a.m.

ECF Number Description Date Link Date / Link
1

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)

Dec. 1, 1999

Dec. 1, 1999

PACER
2

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)

Dec. 15, 1999

Dec. 15, 1999

PACER
3

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)

Dec. 15, 1999

Dec. 15, 1999

PACER
4

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

Dec. 15, 1999

Dec. 15, 1999

PACER
5

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

Dec. 15, 1999

Dec. 15, 1999

PACER
6

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

Dec. 15, 1999

Dec. 15, 1999

PACER
7

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

Dec. 15, 1999

Dec. 15, 1999

PACER
8

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)

Dec. 15, 1999

Dec. 15, 1999

PACER
9

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)

Dec. 17, 1999

Dec. 17, 1999

PACER
10

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)

Jan. 5, 2000

Jan. 5, 2000

PACER
11

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)

Jan. 5, 2000

Jan. 5, 2000

PACER
12

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)

Jan. 5, 2000

Jan. 5, 2000

PACER
13

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)

Jan. 11, 2000

Jan. 11, 2000

PACER
14

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)

Jan. 12, 2000

Jan. 12, 2000

PACER
15

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)

May 10, 2000

May 10, 2000

PACER
16

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)

May 24, 2000

May 24, 2000

PACER
17

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

May 31, 2000

May 31, 2000

PACER
18

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)

July 10, 2000

July 10, 2000

PACER
19

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)

Aug. 10, 2000

Aug. 10, 2000

PACER
20

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)

Sept. 25, 2000

Sept. 25, 2000

PACER
21

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)

Jan. 29, 2001

Jan. 29, 2001

PACER
22

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)

Feb. 8, 2001

Feb. 8, 2001

PACER
23

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)

March 13, 2001

March 13, 2001

PACER
24

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)

April 10, 2001

April 10, 2001

PACER
25

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)

May 10, 2001

May 10, 2001

PACER
26

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)

May 16, 2001

May 16, 2001

PACER
27

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)

June 4, 2001

June 4, 2001

PACER
28

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)

June 11, 2001

June 11, 2001

PACER
29

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)

June 25, 2001

June 25, 2001

PACER
30

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)

July 6, 2001

July 6, 2001

PACER
31

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)

July 31, 2001

July 31, 2001

PACER
32

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)

Aug. 13, 2001

Aug. 13, 2001

PACER
33

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)

Aug. 13, 2001

Aug. 13, 2001

PACER
34

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)

Aug. 16, 2001

Aug. 16, 2001

PACER
35

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)

Aug. 16, 2001

Aug. 16, 2001

PACER
36

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)

Aug. 27, 2001

Aug. 27, 2001

PACER
37

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)

Oct. 2, 2001

Oct. 2, 2001

PACER
38

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)

Nov. 6, 2001

Nov. 6, 2001

PACER
39

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)

Dec. 12, 2001

Dec. 12, 2001

PACER
40

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)

Feb. 11, 2002

Feb. 11, 2002

PACER
41

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)

March 11, 2002

March 11, 2002

PACER
42

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

April 4, 2002

April 4, 2002

PACER

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

New York State Department of Corrections, State

Defendant Type(s):

Jurisdiction-wide

Case Details

Causes of Action:

42 U.S.C. § 1983

Constitutional Clause(s):

Due Process

Availably Documents:

Trial Court Docket

Injunctive (or Injunctive-like) Relief

Any published opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Preliminary injunction / Temp. restraining order

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Order Duration: 2001 - 2003

Content of Injunction:

Preliminary relief granted

Issues

General:

Classification / placement

Confidentiality

Disability:

Mental impairment

Medical/Mental Health:

Mental health care, general

Type of Facility:

Government-run