Case: Giles v. Coughlin

1:95-cv-03033 | U.S. District Court for the Southern District of New York

Filed Date: April 28, 1995

Clearinghouse coding complete

Case Summary

James Giles, an inmate at Great Meadow Correctional Facility in New York, filed a pro-se lawsuit in the U.S. District Court for the Southern District of New York against the state Department of Corrections on April 28, 1995, alleging that his Eighth Amendment rights had been violated when he was held in "medical keeplock" for refusing to take a test that would detect latent tuberculosis ("PPD test"). The conditions of confinement in medical keeplock were found unconstitutional in two other sou…

James Giles, an inmate at Great Meadow Correctional Facility in New York, filed a pro-se lawsuit in the U.S. District Court for the Southern District of New York against the state Department of Corrections on April 28, 1995, alleging that his Eighth Amendment rights had been violated when he was held in "medical keeplock" for refusing to take a test that would detect latent tuberculosis ("PPD test"). The conditions of confinement in medical keeplock were found unconstitutional in two other southern district cases subsequent to his filing, Williams v. Greifinger, 918 F.Supp. 91 (S.D.N.Y. 1996), and Jolly v. Coughlin, 894 F.Supp. 734 (S.D.N.Y. 1995), aff'd, 76 F.3d 468 (2d Cir. 1996)(PC-NY-014). On March 16, 1996, plaintiff and the Department of Corrections entered into a consent decree stating that "Plaintiff would not be placed in medical keeplock or have his status otherwise changed for the remainder of his sentence due to his refusal to take a PPD test."

On April 24, 1997, Defendants made an emergency application to the court for a modification to the consent decree; Giles had been identified as part of a contact trace--one of a first circle of 38 people identified as having been most exposed to tuberculosis ("TB"). Those in the first circle of a contact trace had to be tested for TB to determine whether it was necessary to test for exposure beyond that circle. If a member of the first circle refused to be tested, normal practice was to keep that person in TB hold for a year, until the chances of developing (and then spreading) TB had significantly decreased. The conditions of TB hold were significantly improved from those of the "medical keeplock," which had previously been found unconstitutional. The U.S. District Court for the Southern District of New York (Judge John F. Keenan) granted defendants application under the Prison Litigation Reform Act ("PLRA"), because the consent decree was no longer necessary to prevent a current or ongoing violation of a federal right. Giles v. Coughlin, 95-3033, 1997 WL 433437 (S.D.N.Y. Aug. 1, 1997). The court upheld the termination in an August 13, 1997 opinion and order dismissing plaintiff's motion for reconsideration and denying plaintiff's application for a stay. Giles v. Coughlin, 95-3033, 1997 WL 466542 (S.D.N.Y. Aug. 13, 1997) (Judge Keenan).

On December 11, 1997, the court reversed its April 24, 1997, decision to a certain extent. It held that consent decrees which are terminated under PLRA remain binding on the parties; termination under the PLRA simply means that the federal courts no longer retain jurisdiction to enforce the agreements. Plaintiffs, therefore, must seek relief (including specific performance) from state courts. So, the prospective relief (enforcement by the federal courts) granted under the original consent decree was terminated, but the parties were not free to ignore the terms of the original decree. The court denied defendants cross-motion for modification of the consent decree. Giles v. Coughlin, 95-3033, 1997 WL 770391 (S.D.N.Y. Dec. 11, 1997) (Judge Keenan). Plaintiff's subsequent motion for attorney's fees was denied, because the court found the PLRA fee cap applied retroactively to services rendered after the date of enactment, even when the underlying cause of action pre-dated the enactment of the PLRA. Giles v. Coughlin, 95-3033, 1999 WL 1225248 (S.D.N.Y. Dec. 21, 1999) (Judge Keenan).

Summary Authors

Megan Raynor (1/30/2006)

People


Judge(s)

Keenan, John Fontaine (New York)

Peck, Andrew Jay (New York)

Attorneys(s) for Plaintiff

Karlan, Mitchell A. (New York)

Nam, Sue J. (New York)

Attorneys(s) for Defendant

Forman, Elizabeth A. (New York)

Lamberson, Kevin J. (New York)

Vacco, Dennis C. (New York)

Judge(s)

Keenan, John Fontaine (New York)

Peck, Andrew Jay (New York)

Attorneys(s) for Plaintiff

Karlan, Mitchell A. (New York)

Nam, Sue J. (New York)

Attorneys(s) for Defendant

Forman, Elizabeth A. (New York)

Lamberson, Kevin J. (New York)

Vacco, Dennis C. (New York)

Documents in the Clearinghouse

Document

1:95-cv-03033

Docket (PACER)

Dec. 21, 1999

Dec. 21, 1999

Docket
61

1:95-cv-03033

Opinion and Order

1999 WL 1225248, 1999 U.S.Dist.LEXIS 19586

Aug. 1, 1997

Aug. 1, 1997

Order/Opinion
67

1:95-cv-03033

Memorandum Opinion and Order

1997 WL 466542, 1997 U.S.Dist.LEXIS 12062

Aug. 13, 1997

Aug. 13, 1997

Order/Opinion
91

1:95-cv-03033

Memorandum Opinion and Order

1997 WL 770391, 1997 U.S.Dist.LEXIS 19663

Dec. 11, 1997

Dec. 11, 1997

Order/Opinion
124

1:95-cv-03033

Opinion and Order

1997 WL 433437, 1997 U.S.Dist.LEXIS 11129

Dec. 21, 1999

Dec. 21, 1999

Order/Opinion

Resources

Docket

Last updated July 22, 2022, 3:09 a.m.

ECF Number Description Date Link Date / Link
2

COMPLAINT filed; Summons issued and Notice pursuant to 28 U.S.C. 636(c); FILING FEE $ IFP RECEIPT # IFP (sc) (Entered: 05/08/1995)

April 28, 1995

April 28, 1995

It is suggested that the case be classified as unknown. Magistrate Judge Peck is so Designated. (sc) (Entered: 05/08/1995)

April 28, 1995

April 28, 1995

1

Order endorsed on declaration and support of request to proceed in forma pauperis, granted ; ( signed by Chief Judge Thomas P. Griesa ) (sc) (Entered: 05/08/1995)

May 1, 1995

May 1, 1995

3

Filed Memo_Endorsement on letter dated 5/30/95, plntf request for an order allowing him to attend ptc is denied ( signed by Judge John F. Keenan ) (cd) (Entered: 06/19/1995)

June 15, 1995

June 15, 1995

4

AMENDED COMPLAINT by James Giles , (Answer due 7/23/95 for Satish Kapoor, for Charles Greiner, for John P. Keane, for Robert Greifinger, for Thomas A. Coughlin Mr. ) amending [2-1] complaint ; Summons issued. (ls) (Entered: 07/14/1995)

July 10, 1995

July 10, 1995

5

ORDER, The Court further directs Plaintiff to take the steps necessary to effect service of the Amended Complaint on all Defendants within sixty (60) days of the date of this order. Plaintiff is advised that failure to effect service within the sixty days may result in the dismissal of the action... SO ORDERED: ( signed by Judge John F. Keenan ) (ae) (Entered: 07/25/1995)

July 21, 1995

July 21, 1995

6

AFFIDAVIT in support of Kevin J. Lamberson by Thomas A. Coughlin Mr., John P. Keane, Charles Greiner, Satish Kapoor Re: application for an ext. of time from 08/17/95 and 08/18/95 to and including 09/29/95 to answer,etc. (rag) (Entered: 08/18/1995)

Aug. 14, 1995

Aug. 14, 1995

7

ORDER, answer due for 9/29/95 for Thomas A. Coughlin Mr., for John P. Keane, for Satish Kapoor, for Charles Greiner ( signed by Judge John F. Keenan ); Copies mailed (cd) (Entered: 08/24/1995)

Aug. 22, 1995

Aug. 22, 1995

8

RETURN OF SERVICE executed as to Thomas A. Coughlin Mr. by mail on 7/19/95 Answer due on 8/8/95 for Thomas A. Coughlin Mr. (pl) (Entered: 09/15/1995)

Sept. 5, 1995

Sept. 5, 1995

8

RETURN OF SERVICE executed as to Robert Greifinger by mail on 7/19/95 Answer due on 8/8/95 for Robert Greifinger (pl) (Entered: 09/15/1995)

Sept. 5, 1995

Sept. 5, 1995

8

RETURN OF SERVICE executed as to John P. Keane by mail on 7/19/95 Answer due on 8/8/95 for John P. Keane (pl) (Entered: 09/15/1995)

Sept. 5, 1995

Sept. 5, 1995

8

RETURN OF SERVICE executed as to Satish Kapoor by mail on 7/19/95 Answer due on 8/8/95 for Satish Kapoor (pl) (Entered: 09/15/1995)

Sept. 5, 1995

Sept. 5, 1995

10

AMENDED COMPLAINT by James Giles , amending [4-1] amended complaint ; Summons issued. (kk) (Entered: 10/06/1995)

Sept. 21, 1995

Sept. 21, 1995

9

ANSWER to Complaint by Thomas A. Coughlin Mr., Robert Greifinger, John P. Keane, Charles Greiner, Satish Kapoor (Attorney Kevin J. Lamberson); by attorney Kevin J. Lamberson for defendants (emil) (Entered: 10/05/1995)

Oct. 2, 1995

Oct. 2, 1995

11

NOTICE of attorney appearance for James Giles by Mitchell A. Karlan. (lam) (Entered: 10/12/1995)

Oct. 5, 1995

Oct. 5, 1995

12

STIPULATION.. setting Deadline for filing any motion for preliminary injunction and any motion to amend the complaint by 1/2/96 ; Response to motion deadline 2/2/96 ; Reply to response to motion deadline 2/22/96 ; ( signed by Judge John F. Keenan ) ; Copies mailed (kk) (Entered: 12/08/1995)

Dec. 4, 1995

Dec. 4, 1995

13

NOTICE OF MOTION by James Giles for an order, purs to Rule 65 of the FRCP, granting a temporary restraining order , and for a preliminary injunction in this action. Return date not indicated. (lam) (Entered: 01/02/1996)

Dec. 29, 1995

Dec. 29, 1995

14

MEMORANDUM by James Giles in SUPPORT of [13-1] motion for an order, purs to Rule 65 of the FRCP, granting a temporary restraining order, [13-2] motion for a preliminary injunction in this action. (lam) (Entered: 01/02/1996)

Dec. 29, 1995

Dec. 29, 1995

15

DECLARATION by James Giles in SUPPORT of [13-1] motion for an order, purs to Rule 65 of the FRCP, granting a temporary restraining order, [13-2] motion for a preliminary injunction in this action. (lam) (Entered: 01/02/1996)

Dec. 29, 1995

Dec. 29, 1995

16

DECLARATION of Lawson M. Sullivan, atty for James Giles in SUPPORT of [13-1] motion for an order, purs to Rule 65 of the FRCP, granting a temporary restraining order, [13-2] motion for a preliminary injunction in this action. (lam) (Entered: 01/02/1996)

Dec. 29, 1995

Dec. 29, 1995

17

DECLARATION of Leslie E. Moore, atty for James Giles in SUPPORT of [13-1] motion for an order, purs to Rule 65 of the FRCP, granting a temporary restraining order, [13-2] motion for a preliminary injunction in this action. (lam) (Entered: 01/02/1996)

Dec. 29, 1995

Dec. 29, 1995

18

SECOND AMENDED COMPLAINT by James Giles (Answer due 1/22/96 for Satish Kapoor, for Charles Greiner, for John P. Keane, for Robert Greifinger, for Thomas A. Coughlin Mr. amending [2-1] complaint ; Summons issued. (kg) (Entered: 01/03/1996)

Jan. 2, 1996

Jan. 2, 1996

20

ANSWER by Thomas A. Coughlin Mr., Robert Greifinger, John P. Keane, Charles Greiner, Satish Kapoor (Attorney ) to second amended complaint ; Firm of: by attorney Kevin J. Lamberson. (kw) (Entered: 02/02/1996)

Jan. 29, 1996

Jan. 29, 1996

21

AFFIDAVIT of Lester N. Wright, M.D. by Thomas A. Coughlin Mr., Robert Greifinger, John P. Keane, Charles Greiner, Satish Kapoor in opposition to Re: [13-2] motion for a preliminary injunction in this action. (ae) (Entered: 02/05/1996)

Feb. 2, 1996

Feb. 2, 1996

22

MEMORANDUM OF LAW by Thomas A. Coughlin Mr., Robert Greifinger, John P. Keane, Charles Greiner, Satish Kapoor in opposition to [13-2] motion for a preliminary injunction in this action. (ae) Modified on 02/05/1996 (Entered: 02/05/1996)

Feb. 2, 1996

Feb. 2, 1996

23

REPLY MEMORANDUM by pltff James Giles re: in further SUPPORT of [13-1] motion for an order, purs to Rule 65 of the FRCP, granting a temporary restraining order, [13-2] motion for a preliminary injunction in this action. (lam) (Entered: 02/08/1996)

Feb. 7, 1996

Feb. 7, 1996

24

NOTICE OF MOTION by James Giles for award of attorney fees under U.S.C. S 1988. , Return date 3/4/96 (ae) (Entered: 02/26/1996)

Feb. 23, 1996

Feb. 23, 1996

25

MEMORANDUM OF LAW by James Giles in support of [24-1] motion for award of attorney fees under U.S.C. S 1988. (ae) (Entered: 02/26/1996)

Feb. 23, 1996

Feb. 23, 1996

26

AFFIDAVIT of Mitchell A. Karlan by James Giles in support of Re: [24- 1] motion for award of attorney fees under U.S.C. S 1988. (ae) (Entered: 02/26/1996)

Feb. 23, 1996

Feb. 23, 1996

27

STIPULATION and ORDER, Pltff will not be placed in medical keeplock etc....for the remainder of his sentence due to his refusal to takea PPD test for TB infection ; Nothing in this stip. shall be construed as an admission of liability etc... ; This stip. shall not be admissible in evidence of the trial of this action ; This order finally determines pltff's claims for injunctive relief in this action. This Order does not resolve pltff's claims for menetary & declaratory relief, or for attys fees. ( signed by Judge John F. Keenan ). (lam) (Entered: 03/07/1996)

March 7, 1996

March 7, 1996

28

Order that case be referred to the Clerk of Court for assignment to a Magistrate Judge for Settlement ( signed by Judge John F. Keenan ) Referred to Magistrate Judge Andrew J. Peck (kg) (Entered: 03/13/1996)

March 12, 1996

March 12, 1996

29

Filed Memo_Endorsement on letter by Mitchell A. Karlan, dated 3/11/96, Counsel may serve and file the supplemental papers on or before 3/14/96 , set response brief due for 4/3/96 , set Plaintiffs' reply brief due for 4/12/96 , set oral argument set for 4:00 4/25/96. Mr. Karlan is directed to notify all parties ...So Ordered.... ( signed by Judge John F. Keenan ) (pl) (Entered: 03/13/1996)

March 12, 1996

March 12, 1996

30

STIPULATION and ORDER, This action is stayed until 10 days after the date on which the US Court of Appeals for the 2nd Circuit issues its opinion disposing of the appeal by pltff in Williams v. Greifinger 95cv0385(JSM) ; Within 20 days after the issuance of the opinion of the Court of Appeals in Williams, counsel for pltff is this action shall advise counsel for defts by letter whether platff wishes to proceed with is action or will consent to entry of judgment dismissing all remaining claims. If pltff proceeds with this action, counsel for defts shall have 45 days to serve & file a motion for summary jugment. ( signed by Judge John F. Keenan ). (lam) (Entered: 03/14/1996)

March 13, 1996

March 13, 1996

31

NOTICE OF MOTION by James Giles for an order granting pltff an award of supplemental attorney's fees and costs under 42 USC 1988. Return date 4/25/96. (kg) (Entered: 03/22/1996)

March 20, 1996

March 20, 1996

32

AFFIDAVIT in support of Leslie E. Moore by James Giles Re: [31-1] motion for an order granting pltff an award of supplemental attorney's fees and costs under 42 USC 1988. (kg) (Entered: 03/22/1996)

March 20, 1996

March 20, 1996

33

ORDER, defts' request to stay the 4/4/96 settlment conference is denied. If nothing else, the parties can discuss settlement of pltff's application for attorneys' fees. ( signed by Magistrate Judge Andrew J. Peck ); Copies mailed (kg) (Entered: 04/02/1996)

April 1, 1996

April 1, 1996

34

Filed Memo_Endorsement on letter by Kevin J. Lamberson to Judge Keenan dated 3/22/96, Defendants' Response to motion reset to 4/3/96 for [31-1] motion for an order granting pltff an award of supplemental attorney's fees and costs under 42 USC 1988. , Plaintiff's Reply to Response to Motion reset to 4/12/96 for [31-1] motion for an order granting pltff an award of supplemental attorney's fees and costs under 42 USC 1988. ( signed by Judge John F. Keenan ) (ae) (Entered: 04/03/1996)

April 1, 1996

April 1, 1996

35

MEMORANDUM OF LAW by Thomas A. Coughlin Mr., Robert Greifinger, John P. Keane, Charles Greiner, Satish Kapoor in to [31-1] motion for an order granting pltff an award of supplemental attorney's fees and costs under 42 USC 1988. (kg) (Entered: 04/05/1996)

April 3, 1996

April 3, 1996

36

AFFIDAVIT in opposition of Kevin J. Lamberson by Thomas A. Coughlin Mr., Robert Greifinger, John P. Keane, Charles Greiner, Satish Kapoor Re: [31-1] motion for an order granting pltff an award of supplemental attorney's fees and costs under 42 USC 1988. (kg) (Entered: 04/05/1996)

April 3, 1996

April 3, 1996

Before MJ Peck; Settlement conference held (cd) (Entered: 04/04/1996)

April 4, 1996

April 4, 1996

37

Transcript of record of proceedings filed for dates of 2/15/96 before Judge Keenan. (mb) (Entered: 04/08/1996)

April 8, 1996

April 8, 1996

38

STIPULATION and ORDER, Return date reset to Return date reset to 5/9/96 [31-1] motion for an order granting pltff an award of supplemental attorney's fees and costs under 42 USC 1988. , plaintiff shall have until Thursday, April 25, 1996 to serve and file its reply. ( signed by Judge John F. Keenan ). (djc) (Entered: 04/17/1996)

April 17, 1996

April 17, 1996

39

STIPULATION and ORDER withdrawing [31-1] motion for an order granting pltff an award of supplemental attorney's fees and costs under 42 USC 1988., withdrawing [24-1] motion for award of attorney fees under U.S.C. S 1988. - ... IT IS HEREBY STIPULATED AND AGREED, by and between the undersigned counsel for the parties herein, as follows: ... Plaintiff may resubmit the March 20, 1996 Application at any time. Plaintiff agrees that, if he resubmits the March 20, 1996 Application, he will reduce the amount claimed to no more than $9,935.25, which amount refers to fees generated in preparation for trial. ... Defendants will pay Gibson, Dunn & Crutcher as counsel for plaintiff, $40,000.00 within 60 days of the date that this stipulation is "so ordered" in full satisfaction of all attys' fees and expenses incurred by plaintiff in the litigation of plaintiff's motion for a prelilminary injunction in this action.... ( signed by Magistrate Judge Andrew J. Peck ). (djc) (Entered: 05/07/1996)

May 3, 1996

May 3, 1996

Case closed (djc) (Entered: 05/08/1996)

May 3, 1996

May 3, 1996

40

NOTICE of change of address by James Giles (ls) (Entered: 05/07/1996)

May 6, 1996

May 6, 1996

41

Filed Memo_Endorsement on letter from Kevin J. Lamberson dated 10/21/96, set pretrial conference for 9:45 a.m. on 11/15/96...A CONFERENCE IS SCHEDULED FOR 11/15/96 AT 9:45 A.M. MS. HATHAWAY IS DIRECTED TO INFORM ALL PARTIES OF THIS ORDER...SO ORDERED... ( signed by Judge John F. Keenan ) (ls) (Entered: 11/06/1996)

Nov. 4, 1996

Nov. 4, 1996

42

Filed Memo_Endorsement on letter dated 2/6/97 to Judge Keenan from Elizabeth Forman. reset discovery due for 4/30/97 , reset pretrial conference for 9:45 a.m. on 5/5/97 ( signed by Judge John F. Keenan ) (kw) (Entered: 02/14/1997)

Feb. 13, 1997

Feb. 13, 1997

hearing held (contested Issue) on 4/24/97 before Judge Keenan (ls) (Entered: 04/25/1997)

April 24, 1997

April 24, 1997

43

NOTICE OF MOTION by Thomas A. Coughlin Mr., Robert Greifinger, John P. Keane, Charles Greiner, Satish Kapoor to amend/modify the preliminary injunction , Return date not indicated (cd) (Entered: 05/13/1997)

May 12, 1997

May 12, 1997

44

MEMORANDUM by Thomas A. Coughlin Mr., Robert Greifinger, John P. Keane, Charles Greiner, Satish Kapoor in support of [43-1] motion to amend/modify the preliminary injunction (cd) (Entered: 05/13/1997)

May 12, 1997

May 12, 1997

45

Filed Memo_Endorsement on letter to Judge Keenan from Rachel Goslins dated 5/12/97, granting nunc pro tunc pltff's application to postpone the briefing schedule for defts' Motion for Modification of the Injunction for two days. , Response to motion reset to 5/16/97 for [43-1] motion to amend/modify the preliminary injunction , Reply to to Motion reset to 5/23/97 for [43-1] motion to the preliminary injunction ( signed by Judge John F. Keenan ) (ls) (Entered: 05/16/1997)

May 15, 1997

May 15, 1997

46

DECLARATION in opposition by James Giles [43-1] motion to amend/modify the preliminary injunction (djc) (Entered: 05/20/1997)

May 16, 1997

May 16, 1997

47

MEMORANDUM OF LAW by James Giles in opposition to [43-1] motion to amend/modify the preliminary injunction; received in night dep. 8:55pm. (djc) (Entered: 05/20/1997)

May 16, 1997

May 16, 1997

48

Filed Memo-Endorsement on letter to Judge Keenan from Sue J. Nam dated 5/22/97, Defts' Reply to Response to Motion reset to 6/2/97 for [43-1] motion to amend/modify the preliminary injunction , Pltff. opened the door by referring and relying upon expert testimony they "will" present at a hearing, and Defts. are entitled to properly reply to that argument after deposing the expert. Once the motion is fully submitted, the Court will make a determination as to whether a hearing is necessary. ( signed by Judge John F. Keenan ) (ls) (Entered: 05/23/1997)

May 23, 1997

May 23, 1997

49

Filed Memo-Endorsement on letter by Elizabeth A. Forman to Judge Keenan dated 5/21/97, that defendants serve and file reply papers on the motion by 6/2/97. ( signed by Judge John F. Keenan ) (ae) (Entered: 05/30/1997)

May 29, 1997

May 29, 1997

50

REPLY MEMORANDUM of Law by Thomas A. Coughlin Mr., Robert Greifinger, John P. Keane, Charles Greiner, Satish Kapoor in Support of re: [43-1] motion to amend/modify the preliminary (djc) (Entered: 06/03/1997)

June 2, 1997

June 2, 1997

51

Reply AFFIDAVIT in support of Lester N.Wright, M.D. by Thomas A. Coughlin Mr., Robert Greifinger, John P. Keane, Charles Greiner, Satish Kapoor Re: [43-1] motion to amend/modify the preliminary injunction (djc) (Entered: 06/03/1997)

June 2, 1997

June 2, 1997

51

Reply AFFIDAVIT of Elizabeth A.Forman by Thomas A. Coughlin Mr., Robert Greifinger, John P. Keane, Charles Greiner, Satish Kapoor (djc) (Entered: 06/03/1997)

June 2, 1997

June 2, 1997

52

Transcript of record of proceedings before Judge Keenan filed for dates of April 24, 1997. (sac) (Entered: 06/04/1997)

June 4, 1997

June 4, 1997

53

ORDER, upon consideration of defts' motion to modify the injunction in this case, the Court will reopen the hearing on this matter. The hearing will begin at 10:00 a.m. on 6/23/97. The parties may elicit testimony from Dr. Lester Wright on any matters not fully addressed by Dr. Wright at the last hearing. Pltff may present the expert testimony of Charles Albert Braslow to address Dr. Wright's testimony, the tuberculin hold policy, the necessity of testing pltff Giles for TB and the means by which that testing may be done. If the parties wish to call witnesses other than these two individuals, they must make a letter application to the Court explaining the relevance of the add'l witnesses ( signed by Judge John F. Keenan ); Copies mailed (emil) (Entered: 06/11/1997)

June 11, 1997

June 11, 1997

55

ORDER, the Court directs counsel for both sides to formulate a stipulation that would obviate the need for Mr. Giles' testimony. If the stipulation does not obviate the need for Mr. Giles' testimony in its entirety, plaintiff's counsel must provide the Court with a brief letter explaining what Mr. Giles will specifically testify to that is outside the scope of the stipulation. The stipulation must be submitted by 4:00 p.m. on 6/20/97. Any letter application for testimony beyond the stipulation must be submitted by 12:00 p.m. 7/1/97 ( signed by Judge John F. Keenan ); Copies mailed (kw) Modified on 06/30/1997 (Entered: 06/27/1997)

June 25, 1997

June 25, 1997

56

Filed Memo-Endorsement on letter by Sue J. Nam to Judge Keenan dated 6/30/97, granting nunc pro tunc, extension of time until 7/1/97 at 12:00 p.m. to file the stipulation that would obviate the need for Mr. Giles' testimony and extending time to submit a letter application for testimony beyond the stipulation until 7/1/97 at 5:00 p.m. ( signed by Judge John F. Keenan ) (ae) (Entered: 07/03/1997)

July 2, 1997

July 2, 1997

58

Transcript of record of proceedings filed before Judge Keenan for dates of May 5, 1997 (jp) (Entered: 07/08/1997)

July 3, 1997

July 3, 1997

57

ORDER, defense counsel may take the deposition of Mr. Giles and reopen the deposition of Dr. Braslow ; defense counsel may call the rebuttal witnesses referred to in the Juy 1, 997 letter and plaintiff may depose those witnesses. The July 9, 1997 hearing is adjourned to July 21, 1997 at 10:00a.m. The parties have July 21 and July 22 in which to complete the hearing and there will be no testimony by affidavit (signed by Judge John F. Keenan); Copies mailed (djc) (Entered: 07/09/1997)

July 7, 1997

July 7, 1997

59

STIPULATION and ORDER, for the purposes of defendants' motion to modify the preliminary injunction in this matter, that: 1. Mr. Giles was transferred to the Downstate Corr. Facility on 5/8/97. He did not wear a mask and rode in a van with other persons. 2. Mr. Giles was in the general population at the Downstate Correctional Facility from 5/9/97 to 5/29/97. 3. Mr. Giles attended a deposition at the Downstate Corr. Facility in an unrelated case while he was there. 4. Mr. Giles was transferred back to the Great Meadow Facility on 5/29/97. He did not wear a mask and rode in a bus with other persons. ( signed by Judge John F. Keenan ). (ae) (Entered: 07/10/1997)

July 8, 1997

July 8, 1997

60

Filed Memo-Endorsement on letter dated 7/11/97 from Elizabeth A. Forman, Motion hearing set for 7/21/97 and 7/22/97 for [43-1] motion to amend/modify the preliminary injunction; Dr. Wright's testimony may take place on 7/23/97 at 10:00 a.m. ( signed by Judge John F. ) (kw) (Entered: 07/23/1997)

July 16, 1997

July 16, 1997

Motion hearing re: Preliminary Injunction/TRO held before Judge Keenan (kk) (Entered: 07/28/1997)

July 22, 1997

July 22, 1997

Motion hearing re: Preliminary Injunction/TRO concluded before Judge Keenan.. Decision Reserved. (kk) (Entered: 07/28/1997)

July 23, 1997

July 23, 1997

61

OPINION AND ORDER #79020 granting in part, denying in part [43-1] motion to amend/modify the preliminary injunction ; reset all discovery in the underlying civil action w/ respect to the remaining issues on damages and qualified immunity due for 9/5/97 ; reset trial ready deadline set for 10/24/97 ( Signed by Judge John F. Keenan ); Copies mailed (ls) Modified on 08/05/1997 (Entered: 08/04/1997)

Aug. 1, 1997

Aug. 1, 1997

62

NOTICE OF APPEAL by James Giles ; from [61-1] order ; reset all discovery in the underlying civil action w/ respect to the remaining issues on damages and qualified immunity due for set for 9/5/97 . Copies of notice of appeal mailed to Attorney(s) of Record: Elizabeth Forman, Esq., Fee Pd. $105.00, rec # 294300 . (as) (Entered: 08/05/1997)

Aug. 4, 1997

Aug. 4, 1997

64

MEMORANDUM by James Giles in support of his Motion for Reconsideration and for a stay pending appeal (motion not filed) (lam) (Entered: 08/12/1997)

Aug. 8, 1997

Aug. 8, 1997

65

DECLARATION of James Giles re: transferance from Great Meadow to Downstate Correctional Facility. (lam) (Entered: 08/12/1997)

Aug. 8, 1997

Aug. 8, 1997

66

AFFIDAVIT in support of Simone Procas, atty for by James Giles Re: in further support of pltff's motion for a stay of this Court's 8/1/97 Opinion and Order. (lam) (Entered: 08/12/1997)

Aug. 8, 1997

Aug. 8, 1997

63

ORDER TO SHOW CAUSE by James Giles to stay this Court's 8/1/97 Opinion and Order ; and granting the relief requested in plaintiff's motion for reconsideration ( signed by Judge John F. Keenan ); Copies mailed. (ae) Modified on 08/13/1997 (Entered: 08/13/1997)

Aug. 8, 1997

Aug. 8, 1997

68

MEMORANDUM by Thomas A. Coughlin Mr., Robert Greifinger, John P. Keane, Charles Greiner, Satish Kapoor in opposition to motion for reconsideration and for an injunction pending appeal (ls) (Entered: 08/18/1997)

Aug. 12, 1997

Aug. 12, 1997

67

MEMORANDUM OPINION AND ORDER #79091; denying [63-1] motion to stay this Court's 8/1/97 Opinion and Order; denying [63-2] motion granting the relief requested in plaintiff's motion for reconsideration; denying pltff's motion for reconsideration; ( Signed by Judge John F. Keenan ); Copies mailed (ls) (Entered: 08/14/1997)

Aug. 13, 1997

Aug. 13, 1997

70

Notice that the record on appeal has been certified and transmitted to the U.S. Court of Appeals: [62-1] appeal by James Giles (as) (Entered: 08/20/1997)

Aug. 18, 1997

Aug. 18, 1997

69

Filed Memo Endorsement on letter to Judge Keenan from M. Karlan, dated 8/14/97, the Court declines to writ Mr. Giles back to the MCC. However, Drs. Sanford Drob and Henry Weinstein are authorized to visit plntf re psychologivcal examinations between 8/19/97 and 9/5/97 ; reset discovery due for 9/12/97 ( signed by Judge John F. Keenan ) (cd) (Entered: 08/20/1997)

Aug. 19, 1997

Aug. 19, 1997

71

NOTICE OF APPEAL by Thomas A. Coughlin Mr., Robert Greifinger, John P. Keane, Charles Greiner, Satish Kapoor ; from [61-1] order ; reset all discovery in the underlying civil action w/ respect to the remaining issues on damages and qualified immunity due for 9/5/97 . Copies of notice of appeal mailed to Attorney(s) of Record:Sue Nam, fee pd. $105.00, rec.# 295932 . (as) (Entered: 08/28/1997)

Aug. 28, 1997

Aug. 28, 1997

72

Transcript of record of proceedings before Judge Keenan filed for dates of July 21,22,23, 1997 (jp) (Entered: 08/29/1997)

Aug. 29, 1997

Aug. 29, 1997

73

ORDER TO SHOW CAUSE by James Giles; Show Cause Hearing set for 10:30 9/8/97 why pursuant to FRCP 65(b) an order should not be issued in light of the 8/26/97 Second Circuit Opinion in Banjamin v. Jacobson, Moore Aff. Ex. A, 1) to stay this Court's 8/1/97 Opinion and Order and 2) to grant the relief requested in plaintiff's motion for reconsideration ( signed by Chief Judge Thomas P. Griesa, Part 1 ); Copies mailed. (pl) (Entered: 09/03/1997)

Sept. 2, 1997

Sept. 2, 1997

74

AFFIDAVIT in support of Leslie E. Moore by James Giles Re: [73-1] motion why pursuant to FRCP 65(b) an order should not be issued in light of the 8/26/97 Second Circuit Opinion in Banjamin v. Jacobson, Moore Aff. Ex. A, 1) to stay this Court's 8/1/97 Opinion and Order and 2) to grant the relief requested in plaintiff's motion for reconsideration (sac) (Entered: 09/05/1997)

Sept. 2, 1997

Sept. 2, 1997

75

DECLARATION of Sue J. Nam by James Giles in support of [73-1] motion why pursuant to FRCP 65(b) an order should not be issued in light of the 8/26/97 Second Circuit Opinion in Banjamin v. Jacobson, Moore Aff. Ex. A, 1) to stay this Court's 8/1/97 Opinion and Order and 2) to grant the relief requested in plaintiff's motion for reconsideration (sac) (Entered: 09/05/1997)

Sept. 2, 1997

Sept. 2, 1997

76

CERTIFICATE OF SERVICE by pltff for the Order to Show Cause and Temporary Restraining Order dated 8/29/97, the Declaration of Sue J. Nam, executed 8/29/97, and Affidavit in Support of pltff on 8/29/97 by personal delivery to defts on 8/29/97. (sac) Modified on 09/05/1997 (Entered: 09/05/1997)

Sept. 2, 1997

Sept. 2, 1997

77

NOTICE OF MOTION by Thomas A. Coughlin Mr., Robert Greifinger, John P. Keane, Charles Greiner, Satish Kapoor ifor continued relief and a declaration , Return date 10/3/97 (cd) (Entered: 09/10/1997)

Sept. 8, 1997

Sept. 8, 1997

78

MEMORANDUM by Thomas A. Coughlin Mr., Robert Greifinger, John P. Keane, Charles Greiner, Satish Kapoor in support of [77-1] motion ifor continued relief and a declaration (cd) (Entered: 09/10/1997)

Sept. 8, 1997

Sept. 8, 1997

79

MANDATE OF USCA (certified copy) Re: Plaintiff-appellant moves to withdraw his appeal without prejudice to reinstate once the District Court rules on his Fed. R. Civ. P. 60(b) motion. IT IS HEREBY ORDERED that the motion be and it hereby is granted. (97-2503) George Lange III, Clerk, U.S.C.A. (dt) (Entered: 09/11/1997)

Sept. 10, 1997

Sept. 10, 1997

80

REPLY MEMORANDUM by James Giles (djc) (Entered: 09/23/1997)

Sept. 19, 1997

Sept. 19, 1997

81

NOTICE of change of address by James Giles (jp) (Entered: 09/24/1997)

Sept. 23, 1997

Sept. 23, 1997

82

Filed Memo Endorsement on letter to Judge Keenan from M. Karlan, dated 9/23/97, there is no need for a ptc at this time ; set trial ready deadline 10/24/97 ; reset discovery due for 10/15/97 ; Reply to Response to Motion reset to 10/2/97 for [77-1] motion ifor continued relief and a declaration ; the Court refers this case to MJ Peck for general pre-trial supervision, Thus the issues raised in defense counsel's 9/24/97 letter pertaining to discovery should be addressed to MJ Peck ( signed by Judge John F. Keenan ) (cd) (Entered: 09/26/1997)

Sept. 25, 1997

Sept. 25, 1997

Pre-trial conference held before Magistrate Judge Peck. (rag) (Entered: 10/03/1997)

Sept. 26, 1997

Sept. 26, 1997

83

Order that case be referred to the Clerk of Court for assignment to a Magistrate Judge for general pretrial/discovery supervision & handling of discovery motions ( signed by Judge John F. Keenan ) Referred to Magistrate Judge Andrew J. Peck; Discovery is to be completed by 10/15/97; the ready for trial date is 10/24/97. (ae) (Entered: 09/29/1997)

Sept. 29, 1997

Sept. 29, 1997

84

REPLY MEMORANDUM of LAW by Thomas A. Coughlin Mr., Robert Greifinger, John P. Keane, Charles Greiner, Satish Kapoor re: in Opposition to Plaintiff's Motion to Vacate and in Support of Defendants' Cross-Motion for Continued Relief and a Declaration (djc) (Entered: 10/03/1997)

Oct. 2, 1997

Oct. 2, 1997

85

Filed Memo-Endorsement on letter to Judge Keenan from Rosalie J. Hronsky dated 10/3/97; granting defts' request that the court extend the date for pre-trial submissions to the Court to 11/14/97 at 3:00 p.m. ; reset trial ready deadline 11/17/97. No further extensions will be granted absent exigent circumstances documented to the Court ; ( signed by Judge John F. Keenan ) (ls) (Entered: 10/09/1997)

Oct. 8, 1997

Oct. 8, 1997

86

MANDATE OF USCA (certified copy) Re: [71-1] appeal by Satish Kapoor, Charles Greiner, John P. Keane, Robert Greifinger, Thomas A. Coughlin Mr. It is hereby ordered that the motion be and it hereby is granted. (97-2585) George Lange, III, Clerk, USCA. (as) (Entered: 10/31/1997)

Oct. 29, 1997

Oct. 29, 1997

Pre-trial conference held before Magistrate Judge Peck. (rag) (Entered: 11/07/1997)

Oct. 31, 1997

Oct. 31, 1997

87

Filed Memo-Endorsement on letter to Judge Keenan from Mitchell A. Karlan dated 11/05/97, reset trial ready deadline for 12/1/97 ; pre-trial submissions are due by November 24, 1997. Plaintiff may conduct any additional discovery necessitated by the most recent document production. Mr. Karlan is directed to inform all parties of this order (signed by Judge John F. Keenan) (djc) (Entered: 11/18/1997)

Nov. 17, 1997

Nov. 17, 1997

88

Filed Memo-Endorsement on letter addressed to Judge Keenan from Cassandra Mullen, dated 11/13/97, the ready for trial date is adjourned to 1/13/98 ; pretrial submissions are due by 1/9/98. Ms. Mullen is directed to inform all parties of this order (signed by Judge John F. Keenan). (sac) Modified on 11/26/1997 (Entered: 11/25/1997)

Nov. 24, 1997

Nov. 24, 1997

89

Filed Memo-Endorsement on letter to Judge Keenan from Sue J. Nam dated 11/07/97, denying plaintiff's transfer application pending the Court's decision as to a firm trial date. Ms. Nam is directed to inform all parties of this order (signed by Judge John F. Keenan) (djc) (Entered: 11/25/1997)

Nov. 24, 1997

Nov. 24, 1997

90

Transcript of record of proceedings before Magistrate Judge Peck filed for dates of October 31, 1997 (bm) (Entered: 12/08/1997)

Dec. 5, 1997

Dec. 5, 1997

Case Details

State / Territory: New York

Case Type(s):

Prison Conditions

Key Dates

Filing Date: April 28, 1995

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Inmate who refused to take a tuberculosis test and was then placed in medical keeplock claiming that the conditions of his medical keeplock confinement violated his Eighth Amendment rights

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 Department of Corrections (Ossining), State

Case Details

Causes of Action:

42 U.S.C. § 1983

Constitutional Clause(s):

Cruel and Unusual Punishment

Availably Documents:

Trial Court Docket

Any published opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Amount Defendant Pays:

Order Duration: 1996 - None

Issues

General:

Disciplinary segregation

Medical/Mental Health:

Tuberculosis

Type of Facility:

Government-run