Case: Powell v. Coughlin

1:74-cv-04628 | U.S. District Court for the Southern District of New York

Filed Date: Oct. 22, 1974

Closed Date: 1995

Clearinghouse coding complete

Case Summary

On October 22, 1974, prisoners at New York's two state prisons for women filed a class action lawsuit under 42 U.S.C. § 1983 against the New York Department of Corrections in the U.S. District Court for the Southern District of New York. The plaintiffs, who were represented in part by Bronx Legal Services, asked the court for declaratory and injunctive relief to enjoin the prison officials from enforcing prison disciplinary procedures unless they complied with due process. Specifically, the p…

On October 22, 1974, prisoners at New York's two state prisons for women filed a class action lawsuit under 42 U.S.C. § 1983 against the New York Department of Corrections in the U.S. District Court for the Southern District of New York. The plaintiffs, who were represented in part by Bronx Legal Services, asked the court for declaratory and injunctive relief to enjoin the prison officials from enforcing prison disciplinary procedures unless they complied with due process. Specifically, the plaintiffs requested that the defendants be required to provide them with a written statement of charges against them, notice of evidence relied on, reasons for the disciplinary decision, and notice of the prisoner's right to call witnesses.

On April 23, 1975, the District Court (Judge Charles E. Stewart) granted a preliminary injunction to the plaintiffs, finding that the defendants had violated their constitutional rights by putting them in segregation without procedural safeguards, thereby wrongfully depriving them of many basic rights and privileges, which were granted to the general prison population. Powell v. Ward, 392 F.Supp. 628 (S.D.N.Y. 1975). The defendants appealed. On September 17, 1976, the U.S. Court of Appeals for the Second Circuit (Judge Jon Ormond Newman) affirmed the District Court's decision, modifying it slightly to allow for prisoner disciplinary hearings to be delayed more than seven days if there were unusual or emergency situations. Powell v. Ward, 542 F.2d 102 (2nd Cir. 1976).

In 1979, the plaintiffs asked the District Court to hold the superintendent of the Bedford Hills facility in contempt for failure to comply with the Court's orders. On February 27, 1980, the District Court (Judge Stewart) found that the superintendent had failed to provide the procedural safeguards mandated by the court and granted the request for an injunction, holding the superintendent in civil contempt. The Court also appointed Linda R. Singer to be Special Master, charging her with the duty to monitor the defendants' compliance and submit reports to the Court. Powell v. Ward, 487 F.Supp. 918 (S.D.N.Y. 1980). The superintendent appealed, and on March 4, 1981, the Second Circuit affirmed the District Court's decision. Powell v. Ward, 643 F.2d 924 (2nd Cir. 1981).

On July 6, 1984, the parties entered into a consent judgment, but we have no information on what the judgment included. The Special Master submitted regular reports to the District Court, and pursuant to those reports, on March 20, 1991, the District Court (Judge Stewart) ordered that the outcomes of seven inmate hearings to be reversed for lack of due process. The Court also invalidated the state policy protecting the confidentiality of clinical consultations by mental health personnel concerning prison inmates because the defendants had not sought formal modification of the injunction before enforcing the new policy. Powell v. Ward, 1991, WL 41654 (S.D.N.Y. Mar. 20, 1991). The defendants appealed, and on December 27, 1991, the Second Circuit (Judge Newman) reversed the District Court's decision and remanded the case, finding that the procedural errors were harmless and that the defendants did not have to seek formal modification of the injunction. Powell v. Coughlin, 953 F.2d 744 (2nd Cir. 1991).

In February, 1992, the defendants moved for an order, pursuant to Federal Rule of Civil Procedure 60(b)(5), terminating the permanent injunction that had been entered against them. They argued that they were in full compliance with the order, and that further monitoring was unnecessary. The plaintiffs opposed the motion, and on August 25, 1993, the District Court (Judge Stewart) denied the motion to terminate the injunction, but agreed to re-hear it in six months. Powell v. Coughlin, 1993 WL 328837 (S.D.N.Y. Aug. 25, 1993). The defendants appealed, and on April 28, 1994, the Second Circuit affirmed the District Court's decision. On May 17, 1995, the District Court (Judge John S. Martin) reconsidered and granted the defendants' motion to dismiss, terminating the jurisdiction of the Court.

Summary Authors

Kristen Sagar (10/2/2007)

People


Judge(s)

Bright, John (New York)

Kaufman, Irving Robert (New York)

Kearse, Amalya Lyle (New York)

Martin, John S. Jr. (New York)

Newman, Jon Ormond (New York)

Stewart, Charles E. Jr. (New York)

Attorneys(s) for Plaintiff

Braude, James S. (New York)

Hampden, Michael D. (New York)

Koob, Elizabeth L. (New York)

Latimer, Stephen M. (New Jersey)

Judge(s)

Bright, John (New York)

Kaufman, Irving Robert (New York)

Kearse, Amalya Lyle (New York)

Martin, John S. Jr. (New York)

Newman, Jon Ormond (New York)

Stewart, Charles E. Jr. (New York)

Attorneys(s) for Plaintiff

Braude, James S. (New York)

Hampden, Michael D. (New York)

Koob, Elizabeth L. (New York)

Latimer, Stephen M. (New Jersey)

Magoolaghan, Joan (New York)

McDonald, Ann (New York)

Singer, Linda R. (District of Columbia)

Attorneys(s) for Defendant

Abrams, Robert W. (New York)

Butler, Barbara B. (New York)

Forte, Robert E. (New York)

Gordon, Judith A. (New York)

Hirshowitz, Samuel A. (New York)

Kahn, Lawrence S. (New York)

Lefkowitz, Louis J. (New York)

Logue, Toni (New York)

Orenstein, Mary Anne B. (New York)

Reifler, Margery Evans (New York)

Sattler, Mortimer (New York)

Yarborough, Susan (New York)

Zuckerman, George D. (New York)

Documents in the Clearinghouse

Document

1:74-cv-04628

Docket (PACER)

Dec. 8, 1995

Dec. 8, 1995

Docket

1:74-cv-04628

Opinion

Powell v. Ward

392 F.Supp. 628

April 23, 1975

April 23, 1975

Order/Opinion

75-02107

Reported Opinion

Powell v. Ward

U. S. Court of Appeals for the Second Circuit

542 F.2d 101

Sept. 17, 1976

Sept. 17, 1976

Order/Opinion

1:74-cv-04628

Memorandum Decision

Powell v. Ward

487 F.Supp. 917

Feb. 27, 1980

Feb. 27, 1980

Order/Opinion

80-02141

80-02162

Reported Opinion

Powell v. Ward

U. S. Court of Appeals for the Second Circuit

643 F.2d 924

March 4, 1981

March 4, 1981

Order/Opinion

1:74-cv-04628

Memorandum Decision

Powell v. Ward

540 F.Supp. 515

May 27, 1982

May 27, 1982

Order/Opinion

1:74-cv-04628

Memorandum Decision

Powell v. Ward

562 F.Supp. 274

April 12, 1983

April 12, 1983

Order/Opinion

1:74-cv-04628

Memorandum Decision

Powell v. Ward

1991 WL 41654, 1991 U.S.Dist.LEXIS 3208

March 20, 1991

March 20, 1991

Order/Opinion

91-02199

Reported Opinion

U. S. Court of Appeals for the Second Circuit

953 F.2d 744

Dec. 27, 1991

Dec. 27, 1991

Order/Opinion
8

1:74-cv-04628

Memorandum Decision

1993 WL 328837, 1993 U.S.Dist.LEXIS 11752

Aug. 25, 1993

Aug. 25, 1993

Order/Opinion

Resources

Docket

Last updated Aug. 13, 2022, 3:16 a.m.

ECF Number Description Date Link Date / Link

COMPLAINT filed; Summons issued and Notice pursuant to 28 U.S.C. 636(c); (ar) (Entered: 06/29/1992)

Oct. 22, 1974

Oct. 22, 1974

Order endorsed on declaration and support of request to proceed in forma pauperis, granted ; (J. Weinfeld) (ar) (Entered: 06/29/1992)

Oct. 22, 1974

Oct. 22, 1974

Notice of reasgmnt _ to Judge Charles E. Stewart Copy of notice and judge's rules mailed to Attorney(s) of record: . (ar) (Entered: 06/30/1992)

Nov. 7, 1974

Nov. 7, 1974

AMENDED COMPLAINT by Cyndi Reed, Katherine Purrington, Elizabeth Powell, Althea McDaniels, Dalree Mapp, Paula Herbert, Margaret Gatling , (Answer due 2/17/75 for Peter Preiser, for Janice Warne ) amending [0-1] complaint ; Summons issued. (ar) (Entered: 06/30/1992)

Feb. 4, 1975

Feb. 4, 1975

CONSENT JUDGMENT # 84,0989 for Cyndi Reed, Katherine Purrington, Elizabeth Powell, Althea McDaniels, Dalree Mapp, Paula Herbert, Margaret Gatling against Janice Warne, Peter Preiser...that defts, in their official capacity and purs. to NY Public Officers Law 17, shall pay to pltffs counsel, Bronx Legal Svcs, the sum of $405,000 plus interest incurred in this litigation throught 12/31/82, pltffs motion dtd 3/31/83 is withdrawn w/prej. upon the terms and conditions of this settlement. Judgment to be entered against the defts, in their official capacity, and in favor of pltffs in the amt of $405,000 plus interest ( signed by Judge Charles E. Stewart ) [judgment entered 7/6/84] EOD 7/29/84 (ar) (Entered: 06/30/1992)

July 6, 1984

July 6, 1984

ANSWER to Complaint of defts Robert Abrams. (ar) (Entered: 06/30/1992)

Nov. 28, 1984

Nov. 28, 1984

JUDGMENT # 89,2534 for Cyndi Reed, Katherine Purrington, Elizabeth Powell, Althea McDaniels, Dalree Mapp, Paula Herbert, Margaret Gatling against Janice Warne, Peter Preiser...in the sum of $70,281.65 as per the memo decision of the court, dtd 8/23/89; said sum is ordered to be paid to pltffs' counsel w/interest thereon at the rate provided by law...as calculated from the date of 8/23/89 ( signed by Judge Charles E. Stewart ); Mailed copies and notice of right to appeal. EOD: 11/2/89 (ar) (Entered: 06/30/1992)

Oct. 27, 1989

Oct. 27, 1989

JUDGMENT # 90,1002 for Cyndi Reed, Katherine Purrington, Elizabeth Powell, Althea McDaniels, Dalree Mapp, Paula Herbert, Margaret Gatling against Janice Warne, Peter Preiser..the sum of $16,629.53 representing $16,300.00 in attys fees and $329.53 in costs; said sum is to be paid to pltffs' counsel w/interest thereon at the rate provided by law as calculated from the date of entry of the judgment ( signed by Judge Charles E. Stewart ); Mailed copies and notice of right to appeal. EOD: 5/22/90 (ar) (Entered: 06/30/1992)

May 18, 1990

May 18, 1990

DECLARATION of ELIZABETH L. KOOB in sur-reply by Cyndi Reed, Katherine Purrington, Elizabeth Powell, Althea McDaniels, Dalree Mapp, Paula Herbert, Margaret Gatling Re: ...declaration is submitted in sur- reply to defts' objections to the Special Master's report dated 8-20-91 and defts' motion for articulated standards and in further support of pltff's cross-motion for an order that the Stip. and Order of Feb. 1981 be applied to Intermediate Care Program inmates... (Received in the N.D.B. on 12- 17-91 at 10:37 p.m.) (Forward to Chambers) (mj) Modified on 01/06/1992 (Entered: 01/06/1992)

Dec. 17, 1990

Dec. 17, 1990

ORDER....The affidavit submitted by the Special Master to cover the period from August 1 through August 31, 1991 is hereby approved. Deft State of New York shall pay to the Special Master the amount of $6044.45. ( signed by Judge Charles E. Stewart ); Copies mailed Attached is the AFFIDAVIT OF THE SPECIAL MASTER. (mj) (Entered: 09/30/1991)

Sept. 27, 1991

Sept. 27, 1991

NOTICE OF MOTION by All Defendents alternative motion to modify the stipulation and order dated 2/27/91. , Return date to be set by court. Defendant's objections to the special master's findings and recommendations dtd 8/20/91, Elaine A. Lord's affdvt, Raymond K. Broaddus' affdvt, Donald Selsky's affdvt, Lowell Way's affdvt and Mary L. Crabb's affdvt are attached. Orig. to chambers. (ar) (Entered: 10/17/1991)

Oct. 10, 1991

Oct. 10, 1991

MEMORANDUM by All Defendents in support of [0-1] motion alternative motion to modify the stipulation and order dated 2/27/91 and to their objections to the special master's findings and recommendations dtdd 8/20/91. Orig. to chambers. (ar) (Entered: 10/17/1991)

Oct. 10, 1991

Oct. 10, 1991

AMENDED NOTICE OF MOTION by All Defendents for an order purs. to FRCP 65 modifying the provision of the Stipulation and Order dated 2-27-91 , Return date 11/12/91 (mj) (Entered: 10/28/1991)

Oct. 21, 1991

Oct. 21, 1991

ORDER...The affidavit submitted by the Special Master to cover the period from September 1 through September 30, 1991 is hereby approved. Deft State of New York shall pay to the Special Master the amount of $4,651.53. ( signed by Judge Charles E. Stewart ); Copies mailed Attached is the AFFIDAVIT OF SPECIAL MASTER. (mj) (Entered: 10/28/1991)

Oct. 22, 1991

Oct. 22, 1991

NOTICE OF CROSS MOTION by Cyndi Reed, Katherine Purrington, Elizabeth Powell, Althea McDaniels, Dalree Mapp, Paula Herbert, Margaret Gatling to modify the provision of the Stip & order dtd 2/27/81. , Return date--Chambers waiting for an amended notice with a return date. Fld pltffs atty's Declaration in reply to defts' objections in opposition to defts' motion & in support of pltffs' cross motion. Dkted and returned to chambers per instructions of chambers. (ar) (Entered: 11/15/1991)

Nov. 13, 1991

Nov. 13, 1991

MEMORANDUM by Cyndi Reed, Katherine Purrington, Elizabeth Powell, Althea McDaniels, Dalree Mapp, Paula Herbert, Margaret Gatling in opposition to [0-1] motion for an order purs. to FRCP 65 modifying the provision of the Stipulation and Order dated 2-27-91; to defts' objections to the special master's findings and recommedations dtd 8/20/91. Attached to pltff's memo of law in support of pltff's cross motion. Dkted and returned to chambers. (ar) (Entered: 11/15/1991)

Nov. 13, 1991

Nov. 13, 1991

MEMORANDUM by Cyndi Reed, Katherine Purrington, Elizabeth Powell, Althea McDaniels, Dalree Mapp, Paula Herbert, Margaret Gatling in support of [0-1] cross motion to modify the provision of the Stip & order dtd 2/27/81. Attached to pltff's memo of law in opposition to defts' objections to special master's r & r and deft's motion to modify. Dkted and returned to chambers. (ar) (Entered: 11/15/1991)

Nov. 13, 1991

Nov. 13, 1991

AMENDED NOTICE OF MOTION by Cyndi Reed, Katherine Purrington, Elizabeth Powell, Althea McDaniels, Dalree Mapp, Paula Herbert, Margaret Gatling for an order purs. to FRCP 65, modifying the provision of the Stip. and Order dated 2-27-81 , for an order purs. t FRCP 706 for the Court appointment of a psychiatric expert witness , Return date 12/2/91 (mj) (Entered: 11/21/1991)

Nov. 21, 1991

Nov. 21, 1991

ORDER...The affidavit submitted by the Special Master to cover the period from October 1, through October 31, 1991 is hereby approved. Deft State of New York shall pay to the Special Master the amount of $4,452.34. ( signed by Judge Charles E. Stewart ); Copies mailed Attached is the AFFIDAVIT OF SPECIAL MASTER. (mj) (Entered: 11/22/1991)

Nov. 21, 1991

Nov. 21, 1991

STIPULATION and ORDER, Response/Opposition to motion reset to 12/6/91 [0-1] motion for an order purs. to FRCP 65, modifying the provision of the Stip. and Order dated 2-27-81, reset to 12/6/91 [0-2] motion for an order purs. t FRCP 706 for the Court appointment of a psychiatric expert witness, reset to 12/6/91 [0-1] cross motion to modify the provision of the Stip & order dtd 2/27/81. , Return date reset to 12/17/91 [0-1] motion for an order purs. to FRCP 65, modifying the provision of the Stip. and Order dated 2-27-81, Return date reset to 12/17/91 [0-2] motion for an order purs. t FRCP 706 for the Court appointment of a psychiatric expert witness, Return date reset to 12/17/91 [0-1] cross motion to modify the provision of the Stip & order dtd 2/27/81. ( signed by Judge Charles E. Stewart ). (mj) (Entered: 11/26/1991)

Nov. 25, 1991

Nov. 25, 1991

REPLY MEMORANDUM by All Defendents re: in support of 1) their to objections to the Special Master's Findings and Reccommendations dated August 20 and 2) their alternative Motion to modify the 1981 stipulation and order and their Memorandum in opposition to Pltffs' Motion to modify the 1981 stipulation. (Forward to Chambers) (mj) (Entered: 12/10/1991)

Dec. 10, 1991

Dec. 10, 1991

AFFIDAVIT of Elaine A. Lord by All Defendents Re: ..submit this affidavit to respond to certain statements made in the declaration of Elizabeth L. Koob, Esq., dated 11-12-91. (Forward to Chambers) (mj) (Entered: 12/10/1991)

Dec. 10, 1991

Dec. 10, 1991

REPLY MEMORANDUM by Cyndi Reed, Katherine Purrington, Elizabeth Powell, Althea McDaniels, Dalree Mapp, Paula Herbert, Margaret Gatling re: in opposition to defts' Objections to The Special master's Findings and Recommendations dated 8-20-91 and their alternative [0-1] motion for an order purs. to FRCP 65 modifying the provision of the Stipulation and Order dated 2-27-91, and in support of [0-1] cross motion to modify the provision of the Stip & order dtd 2/27/81. (Received in the N.D.B. on 12-17-91 at 10:37 p.m.) (Forward to Chambers) (mj) (Entered: 01/06/1992)

Dec. 17, 1991

Dec. 17, 1991

ORDER...The affidavit submitted by the Special Master to cover the period from Nov. 1, through Nov. 30, 1991 is hereby approved. Deft State of New York shall pay to the Special Master the amount of $4,249.99. ( signed by Judge Charles E. Stewart ); Copies mailed Attached is the AFFIDAVIT OF SPECIAL MASTER.... (mj) (Entered: 01/06/1992)

Dec. 18, 1991

Dec. 18, 1991

ORDER...The affidavit submitted by the Special Master to cover the period from Dec. 1, through Dec. 31, 1991 is hereby approved. Deft State of N.Y. shall pay to the Special Master the amt. of $3,873.63. ( signed by Judge Charles E. Stewart ); Copies mailed Attached is the Affidavit of Special Master. (mj) (Entered: 01/24/1992)

Jan. 14, 1992

Jan. 14, 1992

MANDATE OF USCA (certified copy) and OPINION Re:... that the order of said district court is reversed and the action be and it hereby is remanded to the district court for further proceedings consistent with the opninion of this court. SO ORDERED ELAINE B. GOLDSMITH, CLERK cm (Copy sent to District Judge and Copy sent to O&A) (mj) (Entered: 02/13/1992)

Jan. 22, 1992

Jan. 22, 1992

NOTICE OF MOTION by All Defendents for an order and judgment purs. to Rule 65(b)(5) terminating the within injunction , Return date 3/4/92 Attached is the Affidavit of Elaine A. Lord in support of the motion... (Forward to Chambers) (mj) (Entered: 02/20/1992)

Feb. 18, 1992

Feb. 18, 1992

MEMORANDUM by All Defendents in support of [0-1] motion for an order and judgment purs. to Rule 65(b)(5) terminating the within injunction (Forward to Chambers) (mj) (Entered: 02/20/1992)

Feb. 18, 1992

Feb. 18, 1992

ORDER...The affidavit submitted by the Special Master to cover the period from January 01, through January 31, 1992 is hereby approved. Deft State of New York shall pay to the Special Master the amt. of $9,877.77. ( signed by Judge Charles E. Stewart ); Copies mailed Attached is the Affidavit of Special Master. (mj) (Entered: 03/05/1992)

Feb. 20, 1992

Feb. 20, 1992

Statement of Costs Taxed in the amount of $3539.50 in favor of appellants, Thomas A. Coughlin, III et ano. SO ORDERED, ELAINE B. GOLDSMITH, CLERK EOD: 3-5-92. cm (Copy sent to District Judge and Copy sent to O&A) DKTD AS A JUDGMENT #92,0391 ON 2-25- 92. (mj) Modified on 03/06/1992 (Entered: 03/05/1992)

Feb. 20, 1992

Feb. 20, 1992

STIPULATION and ORDER, Return date reset to 4/6/92 [0-1] motion for an order and judgment purs. to Rule 65(b)(5) terminating the within injunction , Response to motion reset to 10:00 3/23/92 [0-1] motion for an order and judgment purs. to Rule 65(b)(5) terminating the within injunction , Reply to Response to Motion reset to 4/1/92 [0-1] motion for an order and judgment purs. to Rule 65(b)(5) terminating the within injunction ( signed by Judge Charles E. Stewart ). (ar) (Entered: 03/23/1992)

March 20, 1992

March 20, 1992

ORDER, The affdvt submitted by the Special Master to cover the period from 2/1 to 2/29/92 is approved. Deft State of NY shall pay to the Special Master the amount of $4,607.83. ( signed by Judge Charles E. Stewart ); Copies mailed (ar) (Entered: 03/23/1992)

March 20, 1992

March 20, 1992

ORDER, ...We herein authorize Ms. Singer to retain private counsel to represent her, from this point on, in all matters related to her role as Special Master and this hearing ( signed by Judge Charles E. Stewart ); Copies mailed (ar) (Entered: 03/23/1992)

March 20, 1992

March 20, 1992

Fld Letter to Ms. Singer dtd 3/20/92 from Barbara B. Butler in response to her letter dtd 3/19/92. [dkted & fld per chambers] (ar) (Entered: 03/25/1992)

March 20, 1992

March 20, 1992

MEMORANDUM by Cyndi Reed, Katherine Purrington, Elizabeth Powell, Althea McDaniels, Dalree Mapp, Paula Herbert, Margaret Gatling in opposition to defts' rule 60(b) (5) motion. Orig. to chambers. (ar) (Entered: 03/23/1992)

March 23, 1992

March 23, 1992

DECLARATION of Elizabeth L. Koob by Cyndi Reed, Katherine Purrington, Elizabeth Powell, Althea McDaniels, Dalree Mapp, Paula Herbert, Margaret Gatling. Orig. to chambers. (ar) (Entered: 03/23/1992)

March 23, 1992

March 23, 1992

Transcript of record of proceedings filed for dates of 1/31/92 (ar) (Entered: 03/23/1992)

March 23, 1992

March 23, 1992

Fld letter to Ms. Singer dtd 2/27/92 from Barbara B. Butler re: in connection w/the subpoena to produce documents. [dkted and filed per chambers.] (ar) (Entered: 03/25/1992)

March 24, 1992

March 24, 1992

Fld letter to J. Stewart dtd 3/11/92 from Toni E. Logue re: requesting the court to hire private counsel for her & to charge to costs to defts re: her intention to move to quash subp. [dkted & fld per chambers] (ar) (Entered: 03/25/1992)

March 24, 1992

March 24, 1992

Fld letter to Ms. Butler dtd 3/16/92 from Linda R. Singer re: subpoena. [dkted & fld per chambers] (ar) (Entered: 03/25/1992)

March 24, 1992

March 24, 1992

Fld letter to J. Stewart dtd 3/18/92 from Barbara B. Butler in response to the letter written to your honor by the special master, L.R. Singer dtd 3/6/92. [dkted & fld per chambers] (ar) (Entered: 03/25/1992)

March 24, 1992

March 24, 1992

Fld letter to J. Stewart dtd 3/19/92 from Elizabeth L. Koob in response to the letter of defts' counsel, Butler, dtd 3/18/92. [dkted & fld per chambers] (ar) (Entered: 03/25/1992)

March 24, 1992

March 24, 1992

Fld letter to J. Stewart dtd 3/20/92 from Barbara B. Butler in response to letter by Elizabeth Koob & to the L. Singer's. [dkted & fld per chambers] (ar) (Entered: 03/25/1992)

March 24, 1992

March 24, 1992

Fld letter to J. Stewart dtd 3/20/92 from Allen R. Snyder in response to svce upon the special master 3/19/92 of 2 supoenas dtd 3/17/92 and issued by B.B. Butler. [dkted & fld per chambers.] (ar) (Entered: 03/25/1992)

March 25, 1992

March 25, 1992

Fld letter to Ms. Butler dtd 3/24/92 from Allen R. Snyder re: agreement reached w/respect to the 2 subpoenas served upon the special master. [dkted & fld per chambers] (ar) (Entered: 03/25/1992)

March 25, 1992

March 25, 1992

PRE-HEARING MEMORANDUM by All Defendents. Orig. to chambers. (ar) (Entered: 03/31/1992)

March 31, 1992

March 31, 1992

Motion hearing re: [0-1] motion for an order and judgment purs. to Rule 65(b)(5) terminating the within injunction began. (ar) (Entered: 04/13/1992)

April 6, 1992

April 6, 1992

Motion hearing re: [0-1] motion for an order and judgment purs. to Rule 65(b)(5) terminating the within injunction continued. Deft's rest, dec. reserved. Pltff's case begins on 5/18/92. Submitted by Susan Scognamillo. (ar) (Entered: 04/13/1992)

April 7, 1992

April 7, 1992

Motion hearing re: [0-1] motion for an order and judgment purs. to Rule 65(b)(5) terminating the within injunction pltffs case begins at 10:00 5/18/92. Submitted by S. Scognamillo. (ar) (Entered: 04/13/1992)

April 7, 1992

April 7, 1992

STIPULATION and ORDER...defts shall consider the subpoena requiring the Special Master's attendance at depo. and prod. of doc. on 3/26/92 adjourned sine die. The S.M. shall provide to the parties, by 3/30/92, the info. specified in her 3/16/92 letter to defts counsel...Pltffs shall have 10 bus. days from the date of this stipo. to object to the S.M. prod. of info. to the court in camera... ( signed by Judge Charles E. Stewart ). (ar) (Entered: 04/13/1992)

April 8, 1992

April 8, 1992

ORDER, The affdvt submitted by the Special Master to cover the period from 3/1/ to 3/31/92 is approved. Deft State of NY shall pay to the Special Master the amt of $10,978.68. ( signed by Judge Charles E. Stewart ); Copies mailed (ar) (Entered: 04/21/1992)

April 21, 1992

April 21, 1992

WRIT of Habeas Corpus Ad Testificandum...Kathleen Brown...to testify...on 5/18/91....Judge Stewart. (ar) (Entered: 04/29/1992)

April 23, 1992

April 23, 1992

WRIT of Habeas Corpus Ad Testificandum...Carol Patterson, 85G202...to testify...on 5/18/92...J. Stewart. (ar) (Entered: 04/29/1992)

April 23, 1992

April 23, 1992

WRIT of Habeas Corpus Ad Testificandum...Cheryle Smith, 91 G 0752...to testify...on 5/18/92...J. Stewart. (ar) (Entered: 04/29/1992)

April 23, 1992

April 23, 1992

WRIT of Habeas Corpus Ad Testificandum...Charlene Jacobs, 89G405...to testify...on 5/18/92...J. Stewart. (ar) (Entered: 04/29/1992)

April 23, 1992

April 23, 1992

ORDER...that the writs of habeas corpus ad testificandum dtd 4/23/92 entered herein for the production of 4 pltffs as named in said writs are hereby deemed null and void. ( signed by Judge Charles E. Stewart ); Copies mailed (ar) (Entered: 04/29/1992)

April 29, 1992

April 29, 1992

WRIT of Habeas Corpus Ad Testificandum issued to Elaine Lord, as to Carol Patterson #85g202...to be brought...to the U.S. Courthouse on 5/18/92 at 9:00 am....J. Stewart. (ar) Modified on 04/30/1992 (Entered: 04/30/1992)

April 29, 1992

April 29, 1992

WRIT of Habeas Corpus Ad Testificandum issued to Elaine Lord,...command that...Cheryle Smith #91g0752...to be brought...to U.S. Courthouse on 5/18/92 at 9:00 am....J. Stewart. (ar) Modified on 04/30/1992 (Entered: 04/30/1992)

April 29, 1992

April 29, 1992

WRIT of Habeas Corpus Ad Testificandum issued to Elaine Lord...command that...Kathleen Brown #89g1055...to be brought...to U.S. Courthouse...on 5/18/92 at 9:00 am....J. Stewart. (ar) (Entered: 04/30/1992)

April 29, 1992

April 29, 1992

WRIT of Habeas Corpus Ad Testificandum...issued to Elaine Lord...command that Charlene Jacobs #89g405...to be brought to U.S. Courthouse on 5/18/92 at 9:00 am...J. Stewart. (ar) (Entered: 04/30/1992)

April 29, 1992

April 29, 1992

Objection(s) to the review of the special master's recommendations that are pending before the court in light of the decision of 12/27/91 by the U.S. Court of Appeals for the 2nd circuit by All Defendents. Orig. to chambers. (ar) (Entered: 05/05/1992)

May 5, 1992

May 5, 1992

ORDER...On 5/13/92, defts moved, by order to show cause, for this court to direct Special Master, Linda R. Singer, to produce to the court all written communications in her possession concerning 4 inmates at the Bedford Hills Correctional Facility...the order is denied. ( signed by Judge Charles E. Stewart ); Copies mailed (ar) (Entered: 05/18/1992)

May 15, 1992

May 15, 1992

Motion hearing re: [0-1] motion for an order and judgment purs. to Rule 65(b)(5) terminating the within injunction Motion hearing held. Pltff's case begins. (ar) (Entered: 05/20/1992)

May 18, 1992

May 18, 1992

ORDER, The affidavit submitted by the Special Master to cover the period from 4/1/ to 4/30/92 is approved. Deft State of NY shall pay to the Special Master the amt of $15,429.23 ( signed by Judge Charles E. Stewart ); Copies mailed (ar) (Entered: 05/20/1992)

May 19, 1992

May 19, 1992

Motion hearing re: [0-1] motion for an order and judgment purs. to Rule 65(b)(5) terminating the within injunction. Pltff's case cont'd and concluded. Both sides rest. Judges's decision: Res. Pltff to submit post hrg briefs on 7/6/92; deft's post hrg briefs due 7/20/92. Submitted by Susan Scognimillo. (ar) (Entered: 05/20/1992)

May 19, 1992

May 19, 1992

Writ of Habeas corpus ad testificandum as to Carol Patterson returned executed and satisfied on 5/19/92...Stewart,J. [orig. to chambers] (ar) Modified on 05/29/1992 (Entered: 05/29/1992)

May 26, 1992

May 26, 1992

WRIT of habeas corpus ad testificandum as to Kathleen Brown returned executed and satisfied on 5/19/92...Stewart,J. [orig. to chambers] (ar) Modified on 05/29/1992 (Entered: 05/29/1992)

May 26, 1992

May 26, 1992

WRIT of habeas corpus ad testificandum as to Cheryle Smith returned executed and satisfied on 5/19/92....Stewart,J. [orig. to chambers] (ar) Modified on 05/29/1992 (Entered: 05/29/1992)

May 26, 1992

May 26, 1992

WRIT of habeas corpus ad testificandum as to Charlene Jacobs returned executed & satisfied on 5/19/92...Stewart,J. [orig. to chambers] (ar) Modified on 05/29/1992 (Entered: 05/29/1992)

May 26, 1992

May 26, 1992

MEMORANDUM by All Defendents in support of their application that certain records be produced to the court and that these records either be disclosed to defts or pltffs' writ ad testificandum & subpoena to produce records be quashed. [dkted and returned to chambers] (ar) (Entered: 06/08/1992)

June 8, 1992

June 8, 1992

PRE MEMORANDUM by Cyndi Reed, Katherine Purrington, Elizabeth Powell, Althea McDaniels, Dalree Mapp, Paula Herbert, Margaret Gatling [dkted and returned to chambers] (ar) (Entered: 06/08/1992)

June 8, 1992

June 8, 1992

NOTICE of of change of firm name by Cyndi Reed, Katherine Purrington, Elizabeth Powell, Althea McDaniels, Dalree Mapp, Paula Herbert, Margaret Gatling from Koob, Magoolaghan & Salzman to Koob & Magoolaghan. Orig. to chambers. (ar) (Entered: 06/10/1992)

June 9, 1992

June 9, 1992

Transcript of record of proceedings filed for dates of April 6, 7, 1992 (ar) (Entered: 06/17/1992)

June 17, 1992

June 17, 1992

POST HEARING MEMORANDUM by Cyndi Reed, Katherine Purrington, Elizabeth Powell, Althea McDaniels, Dalree Mapp, Paula Herbert, Margaret Gatling. Orig. to chambers. (ar) (Entered: 06/19/1992)

June 19, 1992

June 19, 1992

DECLARATION in opposition of Elizabeth L. Koob by Cyndi Reed, Katherine Purrington, Elizabeth Powell, Althea McDaniels, Dalree Mapp, Paula Herbert, Margaret Gatling Re: defts' motion to compel the production by the special master. [dkted and returned to chambers] (ar) (Entered: 06/24/1992)

June 24, 1992

June 24, 1992

ORDER...The affdvt submitted by the Special Master to cover the period from 5/1 to 5/31/92 is approved. Deft State of NY shall pay to the Special Master the amt of $8,958.60 ( signed by Judge Charles E. Stewart ); Copies mailed (ar) (Entered: 06/30/1992)

June 29, 1992

June 29, 1992

POST HEARING MEMORANDUM by All Defendents. Orig. to chambers. (ar) (Entered: 06/30/1992)

June 30, 1992

June 30, 1992

Transcript of record of proceedings filed for dates of May 18, 19, 1992 (ar) (Entered: 07/21/1992)

July 20, 1992

July 20, 1992

POST HEARING REPLY MEMORANDUM by Cyndi Reed, Katherine Purrington, Elizabeth Powell, Althea McDaniels, Dalree Mapp, Paula Herbert, Margaret Gatling. Recd night deposit box at 5:51pm. Orig. to chambers. (ar) (Entered: 07/28/1992)

July 24, 1992

July 24, 1992

Transcript of record of proceedings filed for dates of 5/13/92 (ar) (Entered: 07/29/1992)

July 27, 1992

July 27, 1992

ORDER, The affdvt. submitted by the Special Master to cover the period from June 1 through June 6,1992 is approved. Deft. State of N.Y. shall pay to the Special Master the amount of $1,858.48 ( signed by Judge Charles E. Stewart ); Copies mailed (ar) (Entered: 07/29/1992)

July 28, 1992

July 28, 1992

ORDER, the affdvt submitted by the special master to cover the period from 7/1 to 7/31/92 is approved. Deft NYS shall pay to the special master the amt of $2,131.95 ( signed by Judge Charles E. Stewart ); Copies mailed (ar) (Entered: 08/28/1992)

Aug. 28, 1992

Aug. 28, 1992

ORDER, The affdvt sub by the special master to cover the period from 8/1 to 8/31/92 is approved. Deft State of New York shall pay to the special master the amt of $1,534.16 ( signed by Judge Charles E. Stewart ); Copies mailed (ar) (Entered: 09/22/1992)

Sept. 21, 1992

Sept. 21, 1992

ORDER, approving the Special Master's charge of $875.00 for a meeting with the court on 5/19/92 ( signed by Judge Charles E. Stewart ); Copies mailed (ar) (Entered: 10/23/1992)

Oct. 23, 1992

Oct. 23, 1992

ORDER, The affdvt submitted by the Special Master to cover the period from 9/1 to 9/30/92 is approved. Deft NYS shall pay to the Special Master the amt of $3,372.01 ( signed by Judge Charles E. Stewart ); Copies mailed (ar) (Entered: 10/23/1992)

Oct. 23, 1992

Oct. 23, 1992

Letter filed by All Defendents dated 7/23/92 re Special Master's fee for duties in meeting of 5/92. [dkted and returned per chambers] (ar) (Entered: 10/23/1992)

Oct. 23, 1992

Oct. 23, 1992

ORDER, the affdvt submitted by the Special Master to cover the period from 10/1 to 10/31/92 is approved. Deft NYS shall pay to the Special Master the amt of $3,860.94 ( signed by Judge Charles E. Stewart ); Copies mailed (ar) (Entered: 11/24/1992)

Nov. 24, 1992

Nov. 24, 1992

ORDER, the affidavit submitted by the Special Master to cover the period from Nov. 1 thru 11-30-92 is hereby approved , and Deft State of NY shall pay to the Special Master the amt. of $2,729.38 ( signed by Judge Charles E. Stewart ); Copies mailed Chambers (mk) (Entered: 01/13/1993)

Jan. 12, 1993

Jan. 12, 1993

ORDER, the affidavit submitted by the Special Master to cover the period from 12-1-92 through 12-31-92 is hereby approved , and Deft State of NY shall pay to the Special Master the amt. of $2,473.53 ( signed by Judge Charles E. Stewart ); Copies mailed Chambers (mk) (Entered: 02/01/1993)

Jan. 29, 1993

Jan. 29, 1993

ORDER, that the Affidavit submitted by the Special Master to cover the period from Jan. 1, 1993 thru 1-31-93 is hereby approved , and Deft State of NY shall pay to the Special Master the amt. of $3,580.53... SO ORDERED, STEWART, J. ( signed by Judge Charles E. Stewart ); Copies mailed Chambers (mk) (Entered: 03/15/1993)

March 11, 1993

March 11, 1993

ORDER, the Affdvt submitted by the Special Master to cover the period from 2-1-93 thru 2-28-93 is hereby approved , Deft State of NY shall pay to the Special Master the amt. of $3,744.98... SO ORDERED, STEWART, J. ( signed by Judge Charles E. Stewart ); Copies mailed Chambers (mk) (Entered: 04/05/1993)

April 2, 1993

April 2, 1993

ORDER, the affdvt submitted by the Special Master to cover the period from 3-1-93 thru 3-31-93 is hereby approved , and Deft State of NY shall pay to the Special Master the amt. of $6,835.80 ( signed by Judge Charles E. Stewart ); Copies mailed Chambers (mk) (Entered: 04/27/1993)

April 26, 1993

April 26, 1993

FINDINGS & RECOMMENDATIONS OF THE SPECIAL MASTER CONCERNING AWARDS OF DAMAGES (Dktd. & fld. per instr. of Chambers) (mk) (Entered: 05/25/1993)

May 24, 1993

May 24, 1993

ORDER, that the affidavit submitted by the Special Master to cover the period from 4/1/93 through 4/30/93 is approved , that Defendant State of New York shall pay to the Special Master the amount of $7,518.99. ( signed by Judge Charles E. Stewart ); Copies mailed (sc) Modified on 06/02/1993 (Entered: 06/02/1993)

June 1, 1993

June 1, 1993

Letter filed by Janice Warne, Peter Preiser dated 5/25/93 re defts request an extension of time intil 7-1-93 to make such objections in light of Ms. Butler's absence (Dktd. & fld. per instr. of Chambers) (mk) Modified on 08/26/1993 (Entered: 06/03/1993)

June 3, 1993

June 3, 1993

Letter filed by All Defendents dated 6/2/93 re 7/1/93 extension for defts' objections to Findings & Recommendations of Spec. Master (sc) Modified on 08/26/1993 (Entered: 06/08/1993)

June 7, 1993

June 7, 1993

ORDER, the affidavit by the Special Master to cover the period from 5-1- 93 thru 5-31-93 is hereby approved. Deft state of Ny shall pay to the Special Master the amt. of $4,563.61 ( signed by Judge Charles E. Stewart ); Copies mailed Chambers (mk) Modified on 08/26/1993 (Entered: 07/08/1993)

July 7, 1993

July 7, 1993

FINDINGS & RECOMMENDATIONS OF THE SPECIAL MASTER CONCERNING KATHLEEN BROWN'S 3-11-93 SUPERINTENDENT'S HEARING (Dktd. & fld. per instr. of Chambers) (mk) Modified on 08/26/1993 (Entered: 08/02/1993)

Aug. 2, 1993

Aug. 2, 1993

Objections to [5-1] remark by All Defendents (mk) Modified on 08/26/1993 (Entered: 08/20/1993)

Aug. 19, 1993

Aug. 19, 1993

ORDER, the affdvt by the Special Master to cover the period from 6-1-93 through 6-30-93 is hereby approved , Deft State of New York shall pay to the Special Master the amt. of $3,290.03 ( signed by Judge Charles E. Stewart ); Copies mailed Chambers (mk) Modified on 08/26/1993 (Entered: 08/20/1993)

Aug. 19, 1993

Aug. 19, 1993

Case Details

State / Territory: New York

Case Type(s):

Prison Conditions

Key Dates

Filing Date: Oct. 22, 1974

Closing Date: 1995

Case Ongoing: No

Plaintiffs

Plaintiff Description:

prisoners at New York’s two state prisons for women

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

New York Department of Corrections (Bronx), State

Case Details

Causes of Action:

42 U.S.C. § 1983

Constitutional Clause(s):

Due Process

Availably Documents:

Trial Court Docket

Any published opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Preliminary injunction / Temp. restraining order

Source of Relief:

Settlement

Litigation

Form of Settlement:

Court Approved Settlement or Consent Decree

Order Duration: 1975 - 1995

Content of Injunction:

Preliminary relief granted

Issues

General:

Access to lawyers or judicial system

Disciplinary procedures

Disciplinary segregation

Affected Gender:

Female

Medical/Mental Health:

Mental health care, unspecified

Type of Facility:

Government-run