Case: Jolly v. Coughlin

1:92-cv-09026 | U.S. District Court for the Southern District of New York

Filed Date: Dec. 15, 1992

Closed Date: 2000

Clearinghouse coding complete

Case Summary

On December 15, 1992, a Rastafarian inmate at the Southport Correctional Facility in Pine City, New York filed a pro se lawsuit under 42 U.S.C. § 1983 and the Religious Freedom Restoration Act (RFRA) 42 U.S.C. §2000b, against the New York State Department of Corrections in the U.S. District Court for the Southern District of New York. The plaintiff asked the court for declaratory and injunctive relief, as well as damages, alleging that the defendants had violated his constitutional rights by s…

On December 15, 1992, a Rastafarian inmate at the Southport Correctional Facility in Pine City, New York filed a pro se lawsuit under 42 U.S.C. § 1983 and the Religious Freedom Restoration Act (RFRA) 42 U.S.C. §2000b, against the New York State Department of Corrections in the U.S. District Court for the Southern District of New York. The plaintiff asked the court for declaratory and injunctive relief, as well as damages, alleging that the defendants had violated his constitutional rights by subjecting him to mandatory medical confinement when he refused to undergo a tuberculosis screening, which he believed to be in violation of his religious convictions.

On August 14, 1995, the U.S. District Court for the Southern District of New York (Judge John George Koeltl) granted a preliminary injunction to the plaintiff. Jolly v. Coughlin, 894 F.Supp. 734 (S.D.N.Y. 1995). The defendants asked the court to modify the preliminary injunction order. On August 30, 1995, the district court denied the motion. Jolly v. Coughlin, 907 F.Supp. 63 (S.D.N.Y. 1995). The defendants appealed. On February 7, 1996, the U.S. Court of Appeals for the Second Circuit (Judge Jose A. Cabranes), affirmed the district court's decision. 76 F.3d 468 (2nd Cir. 1996).

On February 27, 1997, prior to the beginning of trial, the defendants made an offer of judgment in the amount of $30,360, but the plaintiff refused it. On December 9, 1997, a jury returned a verdict in favor of the plaintiff, awarding him injunctive relief and $30,000 in damages. The plaintiff and the defendants both asked the court to award them costs and attorneys' fees. On January 19, 1999, the district court (Judge Koeltl) awarded attorneys' fees and costs to the plaintiff for the time prior to February 27, 1997. The court also awarded costs to the defendants for the time after February 27, 1997, but denied the defendants' request for attorneys' fees. Jolly v. Coughlin, No.92-9026, 1999 WL 20895 (S.D.N.Y. Jan. 19, 1999). The plaintiff appealed. On January 24, 2000, the Second Circuit dismissed the appeal.

Summary Authors

Kristen Sagar (11/10/2006)

People

For PACER's information on parties and their attrorneys, see: https://www.courtlistener.com/docket/7628635/parties/jolly-v-coughlin/


Judge(s)

Cabranes, José Alberto (Connecticut)

Feinberg, Wilfred (New York)

Koeltl, John George (New York)

Oakes, James Lowell (Vermont)

Attorneys(s) for Plaintiff

Bharara, Preetinder S. (New York)

Brandt, Shari A. (New York)

Karlan, Mitchell A. (New York)

Moore, Leslie E. (New York)

Procas, Simone (New York)

Attorneys(s) for Defendant

Hathaway, Barbara (New York)

Judge(s)

Cabranes, José Alberto (Connecticut)

Feinberg, Wilfred (New York)

Koeltl, John George (New York)

Oakes, James Lowell (Vermont)

Attorneys(s) for Plaintiff

Bharara, Preetinder S. (New York)

Brandt, Shari A. (New York)

Karlan, Mitchell A. (New York)

Moore, Leslie E. (New York)

Procas, Simone (New York)

Attorneys(s) for Defendant

Hathaway, Barbara (New York)

Schiff, Peter H. (New York)

Singleton, Valerie (New York)

Smirlock, Daniel (New York)

Spitzer, Eliot (New York)

Vacco, Dennis C. (New York)

Documents in the Clearinghouse

Document

1:92-cv-09026

Docket (PACER)

Sept. 6, 2000

Sept. 6, 2000

Docket
58

1:92-cv-09026

Memorandum

1995 WL 168810

April 10, 1995

April 10, 1995

Order/Opinion
71

1:92-cv-09026

Opinion and Order

894 F.Supp. 734

Aug. 14, 1995

Aug. 14, 1995

Order/Opinion
72

1:92-cv-09026

Memorandum and Order

1995 WL 495641, 1995 U.S.Dist.LEXIS 11944

Aug. 21, 1995

Aug. 21, 1995

Order/Opinion
81

1:92-cv-09026

Opinion and Order

907 F.Supp. 63

Aug. 30, 1995

Aug. 30, 1995

Order/Opinion

95-02589

Opinion

U. S. Court of Appeals for the Second Circuit

76 F.3d 468

Feb. 7, 1996

Feb. 7, 1996

Order/Opinion
233

1:92-cv-09026

Opinion and Order

1999 WL 20895, 1999 U.S.Dist.LEXIS 349

Jan. 19, 1999

Jan. 19, 1999

Order/Opinion

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/7628635/jolly-v-coughlin/

Last updated Aug. 1, 2022, 3:05 a.m.

ECF Number Description Date Link Date / Link
246

Sealed Document Attorney Notice to Retrieve

Aug. 9, 2018

Aug. 9, 2018

PACER
1

COMPLAINT filed; Summons issued and Notice pursuant to 28 U.S.C. 636(c); FILING FEE $ ifp RECEIPT # none (ll) (Entered: 12/17/1992)

Dec. 15, 1992

Dec. 15, 1992

246

Sealed Document Attorney Notice to Retrieve

Aug. 9, 2018

Aug. 9, 2018

PACER
246

Sealed Document Attorney Notice to Retrieve

Aug. 9, 2018

Aug. 9, 2018

PACER
247

Sealed Document Disposed

Sept. 14, 2018

Sept. 14, 2018

PACER
247

Sealed Document Disposed

Sept. 14, 2018

Sept. 14, 2018

PACER
2

ORDER Ifp granted. Plaintiff is hereby directed to file an amended complaint containing the information specified above. Should plaintiff decide to file an amended complaint, it must be submitted to this Court's Pro Se Office within sixty days of the date of this order, be captioned as an "Amended Complaint" and bear the same docket number as this order. No summons shall issue at this time and all further proceedings shall be stayed for sixty days or until plaintiff has complied with this order. If plaintiff fails to comply with this order within the time allowed, the complaint shall be reviewed for complaince with this order and substantive sufficiency and then, if proper, the case shall be reassigned to a district judge in accordance with the procedures of the Clerk's office. We certify pursuant to 28 U.S.C. section 1915(a) that any appeal from this order would not be taken in good faith. See Coppedge v. United States, 369 U.S. 438, 444-45 (1962). So Ordered. ( signed by Chief Judge Charles L. Brieant ); Copies mailed (lm) (Entered: 12/28/1992)

Dec. 15, 1992

Dec. 15, 1992

247

Sealed Document Disposed

Sept. 14, 2018

Sept. 14, 2018

PACER
3

AMENDED COMPLAINT by Paul Jolly , (Answer due 3/5/93 ) amending [1-1] complaint against S Kapoor; Summons issued. (lm) (Entered: 02/18/1993)

Feb. 11, 1993

Feb. 11, 1993

4

NOTICE OF MOTION by Paul Jolly for appointment of counsel , Return date 3/5/93 (lm) (Entered: 02/18/1993)

Feb. 11, 1993

Feb. 11, 1993

Sent entire file to Foley Sq. this date tto Unit 5 this date. Case is reassigned to Judge Leisure. (ll) (Entered: 03/10/1993)

March 10, 1993

March 10, 1993

5

Notice of reasgmnt. _ to Judge Peter K. Leisure Copy of notice and judge's rules mailed to Attorney(s) of record: Paul Jolly . (sd) (Entered: 03/10/1993)

March 10, 1993

March 10, 1993

6

Order that case be referred to the Clerk of Court for assignment to a Magistrate Judge for General Pretrial/Includ. Initial Case Management Confr. ( signed by Judge Peter K. Leisure ) Referred to Magistrate Judge Leonard A. Bernikow (mk) (Entered: 03/15/1993)

March 12, 1993

March 12, 1993

7

ORDER, reset answer due for 6/1/93 for S Kapoor, for C. Greiner, for John P. Keane, for Robert Griefinger, for Thomas A. Coughlin Mr. ( signed by Magistrate Judge Leonard A. Bernikow ); Copies mailed (sc) (Entered: 04/26/1993)

April 23, 1993

April 23, 1993

8

RETURN OF SERVICE executed as to S Kapoor by Katie Fish, Sr. Typist on 4/23/93 Answer due on 5/13/93 for S Kapoor (sc) (Entered: 05/05/1993)

May 4, 1993

May 4, 1993

8

ACKNOWLEDGEMENT OF SERVICE as to C. Greiner by Jeffrey DeLoatch on 4/12/93 Answer due on 5/3/93 for C. Greiner (sc) (Entered: 05/05/1993)

May 4, 1993

May 4, 1993

8

ACKNOWLEDGEMENT OF SERVICE as to John P. Keane by Jeffrey DeLoatch, Employee on 4/13/93 Answer due on 5/3/93 for John P. Keane (sc) (Entered: 05/05/1993)

May 4, 1993

May 4, 1993

8

ACKNOWLEDGEMENT OF SERVICE as to Robert Griefinger by Robert Greifinger, self on 4/7/93 Answer due on 4/27/93 for Robert Griefinger (sc) (Entered: 05/05/1993)

May 4, 1993

May 4, 1993

8

ACKNOWLEDGEMENT OF SERVICE as to Thomas A. Coughlin by W. Merrill Sanderson on 4/5/93 Answer due on 4/26/93 for Thomas A. Coughlin Mr. (sc) (Entered: 05/05/1993)

May 4, 1993

May 4, 1993

9

ANSWER to Complaint by Thomas A. Coughlin Mr., Robert Griefinger, John P. Keane, C. Greiner, S Kapoor (Attorney Barbara K. Hathaway), ; Firm of: RA by attorney Barbara K. Hathaway for defendant S Kapoor (Rcvd. in Unit on 6-2-93) (mk) (Entered: 06/02/1993)

May 28, 1993

May 28, 1993

10

ORDER, pltff must do more than just add the request for temporary restraining order too his cmplt. He must file a separate motion & make an appropriate showing , set discovery due for 9/7/93 , set dispositive motions, if any, filing deadline for 10/7/93 , Response to motion , ( signed by Magistrate Judge Leonard Bernikow ) (mk) (Entered: 06/08/1993)

June 7, 1993

June 7, 1993

11

Order classifying case. Purs. to the Civil Justice Expense and Delay Reduction Plan, this case has been determined to be Standard . ( signed by Judge Peter K. Leisure ) (mk) (Entered: 07/01/1993)

June 30, 1993

June 30, 1993

12

Filed Memo_Endorsement on letter to MAG. JUDGE BERNIKOW from Barbara K. Hathaway, AAG dated 9/21/93, extending time 2 months for defts to file a motiin for summ jgmt, currently due on 10-7-93... SO ORDERED, MAG. JUDGE BERNIKOW ( signed by Magistrate Judge Leonard A. Bernikow ) (mk) (Entered: 09/27/1993)

Sept. 24, 1993

Sept. 24, 1993

13

Filed Memo_Endorsement on letter dated 12/1/93, reset defendants' motion filing deadline for 12/17/93 as to summary judgment ...Application granted. So Ordered. ( signed by Magistrate Judge Leonard A. Bernikow ) (sc) (Entered: 12/03/1993)

Dec. 2, 1993

Dec. 2, 1993

20

AFFIDAVIT in support of John Mahoney by Thomas A. Coughlin Mr., Robert Griefinger, John P. Keane, C. Greiner, S Kapoor Re: [14-1] motion for summary judgment dismissing the cmplt against defts on the ground that there is no genuine issue as to any material fact in dispute & that the defts are entitled to jgmt as a matter of law (mk) (Entered: 12/22/1993)

Dec. 17, 1993

Dec. 17, 1993

19

AFFIDAVIT in support of Robert B. Greifinger by Thomas A. Coughlin Mr., Robert Griefinger, John P. Keane, C. Greiner, S Kapoor Re: [14-1] motion for summary judgment dismissing the cmplt against defts on the ground that there is no genuine issue as to any material fact in dispute & that the defts are entitled to jgmt as a matter of law (mk) (Entered: 12/22/1993)

Dec. 17, 1993

Dec. 17, 1993

18

AFFIDAVIT in support of John P. Keane by Thomas A. Coughlin Mr., Robert Griefinger, John P. Keane, C. Greiner, S Kapoor Re: [14-1] motion for summary judgment dismissing the cmplt against defts on the ground that there is no genuine issue as to any material fact in dispute & that the defts are entitled to jgmt as a matter of law (mk) (Entered: 12/22/1993)

Dec. 17, 1993

Dec. 17, 1993

17

AFFIDAVIT in support of Satish Kapoor, M.D. by Thomas A. Coughlin Mr., Robert Griefinger, John P. Keane, C. Greiner, S Kapoor Re: [14-1] motion for summary judgment dismissing the cmplt against defts on the ground that there is no genuine issue as to any material fact in dispute & that the defts are entitled to jgmt as a matter of law (mk) (Entered: 12/22/1993)

Dec. 17, 1993

Dec. 17, 1993

16

AFFIDAVIT in support of Charles Greiner by Thomas A. Coughlin Mr., Robert Griefinger, John P. Keane, C. Greiner, S Kapoor Re: [14-1] motion for summary judgment dismissing the cmplt against defts on the ground that there is no genuine issue as to any material fact in dispute & that the defts are entitled to jgmt as a matter of law (mk) (Entered: 12/22/1993)

Dec. 17, 1993

Dec. 17, 1993

15

MEMORANDUM by Thomas A. Coughlin Mr., Robert Griefinger, John P. Keane, C. Greiner, S Kapoor in support of [14-1] motion for summary judgment dismissing the cmplt against defts on the ground that there is no genuine issue as to any material fact in dispute & that the defts are entitled to jgmt as a matter of law (mk) (Entered: 12/22/1993)

Dec. 17, 1993

Dec. 17, 1993

14

NOTICE OF MOTION by Thomas A. Coughlin Mr., Robert Griefinger, John P. Keane, C. Greiner, S Kapoor for summary judgment dismissing the cmplt against defts on the ground that there is no genuine issue as to any material fact in dispute & that the defts are entitled to jgmt as a matter of law W/attchd. RULE 3(g) STATEMENT, Return date 1/28/94 (mk) (Entered: 12/22/1993)

Dec. 17, 1993

Dec. 17, 1993

22

Order that case be referred to the Clerk of Court for assignment to a Magistrate Judge for Dispositive Motion ( signed by Judge Peter K. Leisure ) Referred to Magistrate Judge Leonard A. Bernikow (mk) (Entered: 12/27/1993)

Dec. 23, 1993

Dec. 23, 1993

23

ORDER, Pltff's Response to motion reset to 2/28/94 for [14-1] motion for summary judgment dismissing the cmplt against defts on the ground that there is no genuine issue as to any material fact in dispute & that the defts are entitled to jgmt as a matter of law , that defts should submit an affidavit responding to pltff's claim of denial of access to the law library materials by 1/31/94 ( signed by Magistrate Judge Leonard A. Bernikow ); Copies mailed (sc) (Entered: 01/20/1994)

Jan. 18, 1994

Jan. 18, 1994

25

AFFIDAVIT of John P. Keane by Thomas A. Coughlin Mr., Robert Griefinger, John P. Keane, C. Greiner, S Kapoor Re: in response to pltff's letter dtd. Jan. 4, 1994. (sc) (Entered: 02/10/1994)

Feb. 3, 1994

Feb. 3, 1994

24

AFFIDAVIT of Joseph A. Demskie by Thomas A. Coughlin Mr., Robert Griefinger, John P. Keane, C. Greiner, S Kapoor Re: in response to pltff's letter dtd. Jan. 4, 1994. (sc) (Entered: 02/10/1994)

Feb. 3, 1994

Feb. 3, 1994

27

EXHIBITS A-G in support of answer to deft' Motion for summ jgmt (Dktd. per instr. of LB's Chambers) (mk) (Entered: 02/28/1994)

Feb. 28, 1994

Feb. 28, 1994

26

RESPONSE by Paul Jolly to [14-1] motion for summary judgment dismissing the cmplt against defts on the ground that there is no genuine issue as to any material fact in dispute & that the defts are entitled to jgmt as a matter of law (Dktd. per instr. of LB's Chambers) (mk) (Entered: 02/28/1994)

Feb. 28, 1994

Feb. 28, 1994

28

Filed Memo_Endorsement on letter from Barbara K. Hathaway, AAG dated 3/8/94, Defts Reply to Response to Motion reset to 4/29/94 for [14- 1] motion for summary judgment dismissing the cmplt against defts on the ground that there is no genuine issue as to any material fact in dispute & that the defts are entitled to jgmt as a matter of law... SO ORDERED, MAG. JUDGE BERNIKOW ( signed by Magistrate Judge Leonard A. Bernikow ) (mk) (Entered: 03/21/1994)

March 18, 1994

March 18, 1994

29

Filed Memo_Endorsement on letter by Barbara K. Hathaway dated 4/28/94, extending time in which to submit a reply until June 17, 1994 ( signed by Magistrate Judge Leonard A. Bernikow ) (pl) (Entered: 05/12/1994)

May 9, 1994

May 9, 1994

30

Filed Memo_Endorsement on letter from Barbara K. Hathaway, AAG dated 6/9/94, extending time to 7/1/94 to file defts reply papers... APPLICATION GRANTED. MAG. JUDGE BERNIKOW ( signed by Magistrate Judge Leonard A. Bernikow ) (mk) (Entered: 06/24/1994)

June 21, 1994

June 21, 1994

31

Notice of _ to Judge Deborah A. Batts Copy of notice and judge's rules mailed to Attorney(s) of record: Barbara K. Hathaway, Paul Jolly . (dg) (Entered: 06/27/1994)

June 24, 1994

June 24, 1994

32

ORDER, Defts' atty has submitted a request for permission to file a 65 page reply memo of law.. THE REQUEST IS DENIED... SO ORDERED, MAG. JUDGE BERNIKOW ( signed by Magistrate Judge Leonard A. Bernikow ); Copies mailed (mk) (Entered: 06/30/1994)

June 28, 1994

June 28, 1994

34

REPLY MEMORANDUM by Thomas A. Coughlin Mr., Robert Griefinger, John P. Keane, C. Greiner, S Kapoor in support of [14-1] motion for summary judgment dismissing the cmplt against defts on the ground that there is no genuine issue as to any material fact in dispute & that the defts are entitled to jgmt as a matter of law (dvg) (Entered: 07/08/1994)

July 1, 1994

July 1, 1994

33

Reply affidavit of Robert B. Greifinger, M. D. by Robert Griefinger, deft., in support of [14-1] motion for summary judgment dismissing the cmplt against defts on the ground that there is no genuine issue as to any material fact in dispute & that the defts are entitled to jgmt as a matter of law and in reply to plaintiff's opposition to deft's motion. (dvg) (Entered: 07/08/1994)

July 1, 1994

July 1, 1994

35

Letter filed by Paul Jolly dated 7/6/94 re deft's reply memorandum (emil) (Entered: 07/19/1994)

July 8, 1994

July 8, 1994

Pre-trial conference held before Magistrate Judge Bernikow. (rag) (Entered: 07/22/1994)

July 19, 1994

July 19, 1994

Pre-trial conference held before Magistrate Judge Bernikow. (rag) (Entered: 07/22/1994)

July 20, 1994

July 20, 1994

36

Filed Memo-Endorsement on letter dated 7/29/94,.. withdrawing [14-1] motion dismissing the complaint against defts Mr. Karlon will submit a brief on 8/22/94; Assistant Atty. General Yeoh will submit a brief on 9/30/94; Barbara Hathaway will file a reply on 10/14/94 ( signed by Magistrate Judge Leonard A. Bernikow ) (emil) Modified on 08/02/1995 (Entered: 08/05/1994)

Aug. 2, 1994

Aug. 2, 1994

39

ORDER, I hereby certify to the Atty. General of the U.S. that defts in this action have called into question the constitutionality of the Religous Freedom Restoration Act, 42 USC 2000bb, etseq. and have been given leave to move to dismiss this action on the grounds that the RFRA is unconstitutional , I grant leave to the United States to intervene in this action to submit evidence, as necessary, and argument on the question of the constitutionality of RFRA. Submissions by the U.S. shall be filed no later than 9/30/94 ( signed by Magistrate Judge Leonard A. Bernikow ); Copies mailed. Copy of this order sent to Atty. Gen. of the U.S. by cert. mail #270 617 825, Ret. 8/24/94 and to U.S. Atty., SDNY by cert. mail #270 617 826, Ret. 8/24/94 (emil) Modified on 09/01/1994 (Entered: 08/19/1994)

Aug. 18, 1994

Aug. 18, 1994

38

ORDER, granting leave to Abdul Shahid Muhammad and Darryl X. McKinney to intervene in this action as pltffs for the limited purpose of submitting evidence, as necessary, and argument on the questions of the constitutionality of the Religios Freedom Restoration Act, 42 USC 2000bb, et seq. ( signed by Magistrate Judge Leonard Bernikow ); Copies mailed (emil) (Entered: 08/18/1994)

Aug. 18, 1994

Aug. 18, 1994

37

STIPULATION and ORDER, submissions by pltffs-intervenors in opposition to defts' motion to dismiss the action on the grounds that the Religous Freedom Restoration Act, 42 USC 2000bb, et seq., is unconstitutional must be served and filed on or before 9/5/94; submissions by the U.S. must be served and filed on or before 9/30/94; reply papers, if any, by defts shall be served and filed on or before 10/14/94 ( signed by Magistrate Judge Leonard A. Bernikow ). (emil) (Entered: 08/18/1994)

Aug. 18, 1994

Aug. 18, 1994

40

NOTICE of attorney appearance for Abdul Shahid Muhammad, Darryl X. McKinney by Mitchell A. Karlan (emil) (Entered: 08/19/1994)

Aug. 19, 1994

Aug. 19, 1994

41

MEMORANDUM by Abdul Shahid Muhammad, Darryl X. McKinney in connection w/ the constitutionality of RFRA (emil) (Entered: 09/08/1994)

Sept. 8, 1994

Sept. 8, 1994

42

Notice of reasgmnt _ to Judge John G. Koeltl Copy of notice and judge's rules mailed to Attorney(s) of record: Mitchell A. Karlan, Barbara K. Hathaway, Paul Jolly . (rjm) (Entered: 02/28/1995)

Feb. 28, 1995

Feb. 28, 1995

47

DECLARATION of Leslie E. Moore in support [43-1] motion for temporary restraining order, [43-2] motion for preliminary injunction (pl) (Entered: 03/10/1995)

March 8, 1995

March 8, 1995

46

DECLARATION of Simone R. Procas in support [45-1] support memorandum (pl) (Entered: 03/10/1995)

March 8, 1995

March 8, 1995

45

MEMORANDUM by Paul Jolly in support of [43-1] motion for temporary restraining order, [43-2] motion for preliminary injunction (pl) (Entered: 03/10/1995)

March 8, 1995

March 8, 1995

44

DECLARATION of Paul Jolly (pl) (Entered: 03/10/1995)

March 8, 1995

March 8, 1995

43

NOTICE OF MOTION by Paul Jolly, pursuant to Rule 65 of the F.R.C.P. for temporary restraining order , for preliminary injunction (pl) (Entered: 03/10/1995)

March 8, 1995

March 8, 1995

51

AFFIDAVIT in opposition of Barabara K. Hathaway Re: [43-1] motion for temporary restraining order, [43-2] motion for preliminary injunction (pl) (Entered: 03/22/1995)

March 20, 1995

March 20, 1995

50

MEMORANDUM by Thomas A. Coughlin Mr., Robert Griefinger, John P. Keane, C. Greiner, S Kapoor in opposition to [43-1] motion for temporary restraining order, [43-2] motion for preliminary injunction (pl) (Entered: 03/22/1995)

March 20, 1995

March 20, 1995

49

AFFIDAVIT in opposition of Wayne Strack Re: [43-1] motion for temporary restraining order, [43-2] motion for preliminary injunction (pl) (Entered: 03/22/1995)

March 20, 1995

March 20, 1995

52

STIPULATION and ORDER, reset Appellant's reply brief due for 6/1/93 ( signed by Judge John G. Koeltl ). (jr) (Entered: 03/27/1995)

March 24, 1995

March 24, 1995

57

REPLY MEMORANDUM by Paul Jolly in support re: [43-1] motion for temporary restraining order, [43-2] motion for preliminary injunction. Fld in night deposit on 3/28/95 at 11:52 p.m. (emil) (Entered: 03/30/1995)

March 28, 1995

March 28, 1995

56

DECLARATION of Paul Jolly Re: pltff's confinement in "medical keeplock". Fld in night deposit on 3/28/95 at 11:52 p.m. (emil) (Entered: 03/30/1995)

March 28, 1995

March 28, 1995

55

AFFIDAVIT in support of Preetinder S. Bharara by Paul Jolly Re: [53-1] motion purs. to Rule 15(a) of the FRCP for leave to file Second Amended Complaint. Fld in night deposit on 3/28/95 at 11:52 p.m. (emil) (Entered: 03/30/1995)

March 28, 1995

March 28, 1995

54

MEMORANDUM by Paul Jolly in support of [53-1] motion purs. to Rule 15(a) of the FRCP for leave to file Second Amended Complaint. Fld in night deposit on 3/28/95 at 11:52 p.m. (emil) (Entered: 03/30/1995)

March 28, 1995

March 28, 1995

53

NOTICE OF MOTION by Paul Jolly purs. to Rule 15(a) of the FRCP for leave to file Second Amended Complaint , Return date 4/12/95. Fld in night deposit on 3/28/95 at 11:52 p.m.(emil) Modified on 03/30/1995 (Entered: 03/30/1995)

March 28, 1995

March 28, 1995

58

MEMORANDUM (ORDER), The Court has received a letter from the the pltff dtd 3/31/95. The letter does not indicate that it was sent to the defts, and, therefore, a copy is attached hereto. The pltff is reminded that he should communicate with the Court and the defts through his counsel. ( signed by Judge John G. Koeltl ); Copies mailed (kg) (Entered: 04/11/1995)

April 10, 1995

April 10, 1995

59

SECOND AMENDED COMPLAINT by Paul Jolly , (Answer due 5/4/95 for S Kapoor, for C. Greiner, for John P. Keane, for Robert Griefinger, for Thomas A. Coughlin Mr. ) amending [3-1] amended complaint against Philip Coombe Jr., Walter Kelly; Summons issued; Jury Trial Demanded. (ae) (Entered: 04/28/1995)

April 21, 1995

April 21, 1995

60

Affidavit of service as to Philip Coombe Jr. by personal service, leaving with Amy Mahar, Assistant Counsel on 4/27/95 ; Answer due on 5/17/95 for Philip Coombe Jr. (ae) (Entered: 05/15/1995)

May 8, 1995

May 8, 1995

61

ORDER, defendants shall produce a note handed to defendant Robert Greifinger by his counsel at his deposition ( signed by Magistrate Judge Leonard A. Bernikow ); Copies mailed (jr) (Entered: 05/22/1995)

May 17, 1995

May 17, 1995

62

ANSWER to Complaint by Thomas A. Coughlin Mr., Robert Griefinger, John P. Keane, C. Greiner, S Kapoor (Attorney Barbara K. Hathaway), ; Firm of: Atty-Genl, New York State, by attorney Barbara K. Hathaway for defendants (cd) (Entered: 05/23/1995)

May 19, 1995

May 19, 1995

63

Transcript of record of proceedings filed for dates of 4/5/95 (rag) (Entered: 06/06/1995)

June 5, 1995

June 5, 1995

65

Filed Memo_Endorsement on letter by Mitchell A. Karlan to Judge Koeltl dated 6/2/95, The motion for a preliminary injunciton is under advisement and the Court expects to issue a decision in the near future. In view of the pendency of the motion, the parties may wish to apply to Magistrate Judge Bernikow for an extension of the discovery deadline. SO ORDERED: ( signed by Judge John G. Koeltl ) (ae) (Entered: 06/19/1995)

June 13, 1995

June 13, 1995

66

MEMORANDUM by Paul Jolly in opposition to defts' objection on appeal from Mag. Judge's order (emil) (Entered: 06/19/1995)

June 15, 1995

June 15, 1995

67

ORDER, The Court is in receipt of a letter from the plaintiff dated 7/15/95 which is attached to this order. If either present counsel for the plaintiff or counsel for the defendant desires to respond to the letter, such responses should be submitted, by letter or by fax, by Monday, 7/24/95 at 5:00 p.m. SO ORDERED: ( signed by Judge John G. Koeltl ) (ae) (Entered: 07/27/1995)

July 25, 1995

July 25, 1995

68

Affidavit of service pursuant to 7/25/95 Order. (ae) (Entered: 08/01/1995)

July 27, 1995

July 27, 1995

69

Transcript of record of proceedings filed for dates of 6/21/95 (ba) (Entered: 08/01/1995)

Aug. 1, 1995

Aug. 1, 1995

70

ORDER, Presently pending before the Court is the inmate-plaintiff's motion for a preliminary injunction... The Court held a conference with counsel for both sides on 6/21/95 and indicated that the Court was prepared to issue a decision on the motion for a prelimianry injucntion, but that the issue of the problems of cummunication between the plaintiff and his counsel should be resolved first... This matter will be placed on the pro bono list, but the plaitniff should recognize that there is not assurance that counsel will volunteer to represent the plainitff -- pro bono representation by attorneys is completely voluntary... (See Order For More) SO ORDERED: ( signed by Judge John G. Koeltl ) (ae) (Entered: 08/07/1995)

Aug. 2, 1995

Aug. 2, 1995

71

OPINION & ORDER# 75286 granting [43-2] motion for preliminary injunction. Beginning on 8/28/95, the defts are enjoined during the pendency of this action from keeping the pltff in medical keeplock because of his failure to take the PPD test. ( Signed by Judge John G. Koeltl ); Copies mailed. (kg) (Entered: 08/21/1995)

Aug. 18, 1995

Aug. 18, 1995

72

MEMORANDUM AND ORDER,... For the reasons explained on this Memorandum and Order, the defendants objection is overruled and Magistrate Judge Bernikow's order is affirmed... Therefore, the objections to the Magistrate's order are overruled and the document is ordered to be produced... SO ORDERED: ( signed by Judge John G. Koeltl ) (ae) (Entered: 08/25/1995)

Aug. 21, 1995

Aug. 21, 1995

78

AFFIDAVIT in support of Lester N. Wright by Thomas A. Coughlin Mr., Robert Griefinger, John P. Keane, C. Greiner, S Kapoor, Philip Coombe Jr., Walter Kelly Re: of defendants' motion for reargument and for a stay of the preliminary injunction. (djc) (Entered: 09/06/1995)

Aug. 25, 1995

Aug. 25, 1995

77

AFFIDAVIT in support of Stephen Saskowski by Thomas A. Coughlin Mr., Robert Griefinger, John P. Keane, C. Greiner, S Kapoor, Philip Coombe Jr. Re: of defendnats' motion for reargument and for a stay of the court's preliminary injunction. (djc) (Entered: 09/06/1995)

Aug. 25, 1995

Aug. 25, 1995

76

AFFIDAVIT in support of DOnald McKeon by Thomas A. Coughlin Mr., Robert Griefinger, John P. Keane, C. Greiner, S Kapoor, Philip Coombe Jr., Walter Kelly Re: of defendants' motion for reargument and for a stay of the preliminary injunction. (djc) (Entered: 09/06/1995)

Aug. 25, 1995

Aug. 25, 1995

75

AFFIDAVIT in support of Barbara K. Hathaway by Thomas A. Coughlin Mr., Robert Griefinger, John P. Keane, C. Greiner, S Kapoor, Philip Coombe Jr., Walter Kelly Re: of defdndants' motion to reargue or amend or for relief from a preliminary iinjunction order and for a stay. (djc) (Entered: 09/06/1995)

Aug. 25, 1995

Aug. 25, 1995

74

MEMORANDUM OF LAW by Thomas A. Coughlin Mr., Robert Griefinger, John P. Keane, C. Greiner, S Kapoor, Philip Coombe Jr., Walter Kelly in support of Motion to Alter or Amend the Preliminary Injunction Order or for Relief from the Order, and for a Stay. (djc) (Entered: 09/06/1995)

Aug. 25, 1995

Aug. 25, 1995

MEMORANDUM OF LAW by Thomas A. Coughlin Mr., Robert Griefinger, John P. Keane, C. Greiner in support of [73-1] motion pltff Paul Jolly show cause why an order should not issue pur. to Rule 59(e) and 60(b) of the FRCivP and Rule 3(j) of the local rules of this Court altering or amending, relief from, or granting reargument of the preliminary injunction entered 8/21/95.. (djc) (Entered: 09/05/1995)

Aug. 25, 1995

Aug. 25, 1995

73

ORDER TO SHOW CAUSE by Thomas A. Coughlin Mr., Robert Griefinger, John P. Keane, C. Greiner, S Kapoor Show Cause Hearing set for 8/28/95 pltff Paul Jolly show cause why an order should not issue pur. to Rule 59(e) and 60(b) of the FRCivP and Rule 3(j) of the local rules of this Court altering or amending, granting relief from, or granting reargument of the preliminary injunction entered 8/21/95.. ( signed by Judge John G. Koeltl ); Copies mailed. (kk) (Entered: 08/31/1995)

Aug. 25, 1995

Aug. 25, 1995

81

MEMORANDUM OPINION #75348 denying [73-1] motion pltff Paul Jolly show cause why an order should not issue pur. to Rule 59(e) and 60 (b) of the FRCivP and Rule 3(j) of the local rules of this Court altering or amending, granting relief from, or granting reargument of the preliminary injunction entered 8/21/95; denying the motion for a stay pending appeal The preliminary injunction is stayed until 9/1/95 at 5:00 p.m. subject to the conditions listed in this Memo Opinion ( Signed by Judge John G. Koeltl ); Copies mailed. (emil) (Entered: 09/07/1995)

Aug. 30, 1995

Aug. 30, 1995

79

AFFIDAVIT in support of Barbara K. Hathaway by Thomas A. Coughlin Mr., Robert Griefinger, John P. Keane, C. Greiner, S Kapoor Re: [73-1] motion pltff Paul Jolly show cause why an order should not issue pur. to Rule 59(e) and 60(b) of the FRCivP and Rule 3(j) of the local rules of this Court altering or amending, granting relief from, or granting reargument of the preliminary injunction entered 8/21/95.. (rag) (Entered: 09/07/1995)

Aug. 31, 1995

Aug. 31, 1995

80

NOTICE OF INTERLOCUTORY APPEAL by Thomas A. Coughlin Mr., Robert Griefinger, John P. Keane, C. Greiner, S Kapoor from [71-1] order Entered on docket ; 9/7/95. (as) (Entered: 09/07/1995)

Sept. 1, 1995

Sept. 1, 1995

85

ORDER, plntf now having counsel, the attahced letter will not be taken underconsideration, any application should be made by counsel ( signed by Judge John G. Koeltl ); Copies mailed (cd) (Entered: 09/18/1995)

Sept. 8, 1995

Sept. 8, 1995

83

MANDATE OF USCA (certified copy) Re: A motion to stay a preliminary injunction pending appeal having been filed by appellant, Thomas Coughlin, et al., upon consideration thereof, it is hereby ordered that the injunction be, and it hereby is stayed pending a hearing on this motion for a stay by a three-judge panel of this court. It is further ordered that hearing on said motion for a stay be scheduled for September 12, 1995. (95-2589). GEORGE LANGE III, Clerk, U.S.C.A (em) (Entered: 09/11/1995)

Sept. 11, 1995

Sept. 11, 1995

84

ORDER, The Court is in receipt of the plaintiff's 9/1/95 letter. The Court has not attempted to speak with the plaintiff. The plaintiff is represented by counsel and should not attempt to communicate with the Court other than through a proper application seeking appropriate relief and made by counsel. Counsel should explain to the plaintiff the importance of following the Court's Rules. SO ORDERED: ( signed by Judge John G. Koeltl ); (ae) (Entered: 09/18/1995)

Sept. 13, 1995

Sept. 13, 1995

86

Filed Memo_Endorsement on letter by Mitchell A. Karlan to Judge Koeltl dated 9/12/95, This correspondence and the 9/15/95 response by the State is referred to M.J. Bernikow who's supervising discovery in this case. SO ORDERED: ( signed by Judge John G. Koeltl ) (ae) (Entered: 09/26/1995)

Sept. 21, 1995

Sept. 21, 1995

87

Notice that the original record on appeal has been certified and transmitted to the U.S. Court of Appeals. (emil) (Entered: 10/02/1995)

Sept. 26, 1995

Sept. 26, 1995

89

Transcript of record of proceedings filed for dates of 8/25/95 (mb) (Entered: 10/06/1995)

Oct. 5, 1995

Oct. 5, 1995

88

Transcript of record of proceedings filed for dates of 8/28/95 (cd) (Entered: 10/06/1995)

Oct. 6, 1995

Oct. 6, 1995

90

Filed Memo-Endorsement on letter from Mitchell A. Karlan dated 10/4/95, requesting that parties submit their Joint Pretrial Order by 12/22/95 & that date for trial be set for early January 1996....CASE REMAINS ASSIGNED TO M.J. BERNIKOW FOR PURPOSES OF DEADLINES IN CONNECTION WITH THE JPTO IN ACCORDANCE WITH THIS COURT'S RULES. THE COURT WILL HOLD A CONFERNCE AFTER THE JPTO IS COMPLETED. SO ORDERED. KOELTL, J. ( signed by Judge John G. Koeltl ) (lam) (Entered: 10/24/1995)

Oct. 23, 1995

Oct. 23, 1995

Case Details

State / Territory: New York

Case Type(s):

Prison Conditions

Key Dates

Filing Date: Dec. 15, 1992

Closing Date: 2000

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Inmate whose claims arise out of arose out of his confinement in medical keeplock for over three years, without exercise and with only one shower per week, after he refused to take a tuberculosis screening test

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: No

Filed Pro Se: Yes

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

New York State Department of Corrections, State

Sing Sing, State

Case Details

Causes of Action:

42 U.S.C. § 1983

Religious Freedom Rest. Act/Religious Land Use and Inst. Persons Act (RFRA/RLUIPA)

Constitutional Clause(s):

Cruel and Unusual Punishment

Free Exercise Clause

Availably Documents:

Trial Court Docket

Any published opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Preliminary injunction / Temp. restraining order

Damages

Source of Relief:

Litigation

Order Duration: 1995 - 0

Content of Injunction:

Preliminary relief granted

Issues

General:

Classification / placement

Religious programs / policies

Discrimination-area:

Medical Exam / Inquiry

Medical/Mental Health:

Medical care, general

Type of Facility:

Government-run