Case: Harrison v. Barkley

9:95-cv-00964 | U.S. District Court for the Northern District of New York

Filed Date: July 17, 1995

Closed Date: 2001

Clearinghouse coding complete

Case Summary

On July 17, 1995, an inmate at the Riverview Correctional Facility in Ogdensburg, New York, filed a pro se lawsuit under 42 U.S.C. § 1983 against representatives of the prison in the U.S. District Court for the Northern District of New York. The plaintiff asked the court for $80,000 in damages, alleging that his constitutional rights had been violated when the defendants failed to treat him for a tooth cavity. On April 14, 1997, the U.S. District Court for the Northern District of New York (J…

On July 17, 1995, an inmate at the Riverview Correctional Facility in Ogdensburg, New York, filed a pro se lawsuit under 42 U.S.C. § 1983 against representatives of the prison in the U.S. District Court for the Northern District of New York. The plaintiff asked the court for $80,000 in damages, alleging that his constitutional rights had been violated when the defendants failed to treat him for a tooth cavity.

On April 14, 1997, the U.S. District Court for the Northern District of New York (Judge Rosemary S. Pooler) dismissed the plaintiff's complaint on the ground that the defendants were protected by qualified immunity. The inmate appealed. On July 17, 2000, the U.S. Court of Appeals for the Second Circuit (Judge Dennis G. Jacobs) reversed the district court's decision and remanded the case, holding that the defendants' alleged refusal to treat the plaintiff's tooth cavity would constitute deliberate indifference to serious medical need under the Eighth Amendment, and that the defendants were not entitled to qualified immunity. Harrison v. Barkley, 219 F.3d 132 (2nd Cir. 2000).

On June 7, 2001, the parties settled the case, and on June 20, 2001, the district court (Judge David E. Peebles) closed the case.

Summary Authors

Kristen Sagar (9/10/2006)

People


Judge(s)

Cardona, Anthony V. (New York)

Carpinello, George F. (New York)

Crew, William B. III (New York)

Jacobs, Dennis G. (New York)

Mercure, Thomas E. (New York)

Mikoll, Ann T. (New York)

Peebles, David E. (New York)

Pooler, Rosemary S. (New York)

Scanlon, Daniel Jr. (New York)

Attorneys(s) for Plaintiff

Dorkey, Charles E. (New York)

Judge(s)

Cardona, Anthony V. (New York)

Carpinello, George F. (New York)

Crew, William B. III (New York)

Jacobs, Dennis G. (New York)

Mercure, Thomas E. (New York)

Mikoll, Ann T. (New York)

Peebles, David E. (New York)

Pooler, Rosemary S. (New York)

Scanlon, Daniel Jr. (New York)

Attorneys(s) for Plaintiff

Dorkey, Charles E. (New York)

Hererra, Nicomedes Sy (New York)

Schleifstein, Todd L. (New York)

Attorneys(s) for Defendant

Crary, Peter (New York)

Ferro, Deborah (New York)

Schiff, Peter H. (New York)

Spitzer, Eliot (New York)

Tuczinski, Marlene (New York)

Vacco, Dennis C. (New York)

Documents in the Clearinghouse

Document

Docket (PACER)

July 12, 2001 Docket

Opinion

New York state supreme court

232 A.D.2d 680, 1996 N.Y.App.Div.LEXIS 10029

Oct. 10, 1996 Order/Opinion
38

Opinion: Report Recommendation and Order

1997 U.S.Dist.LEXIS 5102

Jan. 17, 1997 Order/Opinion
40

Memorandum Decision and Order

1997 U.S.Dist.LEXIS 5105

April 14, 1997 Order/Opinion

Reported Opinion

U. S. Court of Appeals for the Second Circuit

219 F.3d 132

July 17, 2000 Order/Opinion

Docket

Last updated May 12, 2022, 8 p.m.

ECF Number Description Date Link
1

COMPLAINT filed; FILING FEE $ 5.25 RECEIPT # 23938 ; (fce) (Entered: 07/19/1995)

July 17, 1995
2

In Forma Pauperis Application filed by Duane Harrison (fce) (Entered: 07/19/1995)

July 17, 1995
3

ORDER granting [2-1] application ( signed by Magistrate Judge Daniel Scanlon Jr. ) (fce) (Entered: 08/24/1995)

Aug. 24, 1995

Original and 4 copies of SUMMONS(ES) issued for Wayne Barkley, Robert Hoehn, Tammy Bechaz, Sylvia Laguna and delivered to U. S. Marshal. Balance Order Done - Consent forms sent. (fce) (Entered: 08/24/1995)

Aug. 24, 1995
4

Plaintiff's notice of change of address to: Lyon Mountain Corr. Facility; P. O. Box 276; Lyon Mountain, N.Y. l2952. (fce) (Entered: 10/10/1995)

Oct. 10, 1995
5

Affidavit of Service of plaintiff of notice of change of address to Attorney General on 10/6/95. Change of address to: Lyon Mountain Corr. Facility; P. O. Box 276; Lyon Mountain, N.Y. l2952. (fce) (Entered: 10/12/1995)

Oct. 12, 1995
6

SUMMONS Returned Executed as to Sylvia Laguna on 10/17/95 : Answer due on 11/6/95 for Sylvia Laguna (fce) (Entered: 10/25/1995)

Oct. 25, 1995
7

SUMMONS Returned Executed as to Wayne Barkley on 10/17/95 : Answer due on 11/6/95 for Wayne Barkley (fce) (Entered: 10/30/1995)

Oct. 27, 1995
8

SUMMONS Returned Executed as to Tammy Bechaz on 10/17/95 : Answer due on 11/6/95 for Tammy Bechaz (fce) (Entered: 10/30/1995)

Oct. 27, 1995
9

SUMMONS Returned Executed as to Robert Hoehn on 10/17/95 : Answer due on 11/6/95 for Robert Hoehn (fce) (Entered: 10/30/1995)

Oct. 27, 1995
10

REQUEST and ORDER, to Extend Time , reset Answer deadline to 12/5/95 for Wayne Barkley, for Robert Hoehn, for Tammy Bechaz, for Sylvia Laguna ( signed by Thomas G. Smith as per direction of Magistrate Judge Daniel Scanlon Jr. ) (fce) (Entered: 10/31/1995)

Oct. 31, 1995
11

ANSWER to Complaint by Sylvia Laguna, Tammy Bechaz, Robert Hoehn, Wayne Barkley (Attorney Deborah A. Ferro, AAG ),; jury demand (fce) (Entered: 12/06/1995)

Dec. 6, 1995
12

MOTION by Duane Harrison to Strike [11-1] answer , Hearing set for 1/18/96 , Response Deadline 1/4/96 , Reply to Response Deadline 1/11/96 Motion returnable before Judge/Mag. Judge: Scanlon (fce) (Entered: 12/20/1995)

Dec. 20, 1995
13

MOTION by Duane Harrison for partial Summary Judgment , Hearing set for 1/18/96 , Response Deadline 1/4/96 , Reply to Response Deadline 1/11/96 Motion returnable before Judge/Mag. Scanlon (fce) (Entered: 12/20/1995)

Dec. 20, 1995

Motion(s) referred: [13-1] motion for partial Summary Judgment referred to Magistrate Judge Daniel Scanlon Jr. (fce) (Entered: 12/20/1995)

Dec. 20, 1995
14

Addendum by Duane Harrison to Re: [12-1] motion to Strike [11-1] answer (fce) (Entered: 12/20/1995)

Dec. 20, 1995
15

Letter to the Court from AAG Ferro dd 1/3/96 re: plaintiff's motion to strike affirmative defenses and for summary judgment are adjourned to 2/1/96. (fce) (Entered: 01/08/1996)

Jan. 8, 1996

Deadline updated; Motion Hearing set for 1/18/96 re: [13-1] motion for partial Summary Judgment, set for <1/18/96> re: [12-1] motion to Strike [11-1] answer , Response to Motion reset to 1/18/96 for [13-1] motion for partial Summary Judgment, reset to <1/18/96> for [12-1] motion to Strike [11-1] answer , Reply to Response to Motion reset to 1/25/96 for [13-1] motion for partial Summary Judgment, reset to <date not set> for [12-1] motion to Strike [11-1] answer (fce) (Entered: 01/08/1996)

Jan. 8, 1996
16

Plaintiff's notice of change of address to: Adirondack Corr. Facility; P.O. Box ll0; Ray Brook, New York l2977-0110. (fce) (Entered: 01/22/1996)

Jan. 19, 1996
17

Defendants' REQUEST and ORDER, to Extend Time , Motion Hearing set for 2/27/96 re: [13-1] motion for partial Summary Judgment, for 2/27/96 re: [12-1] motion to Strike [11-1] answer , and Response to Motion reset to 2/13/96 for [13-1] motion for partial Summary Judgment, reset to 2/13/96 for [12-1] to Strike [11-1] answer ( signed by Thomas G. Smith as per direction of Magistrate Judge Daniel Scanlon Jr. ) (fce) (Entered: 02/02/1996)

Feb. 2, 1996
18

REQUEST and ORDER, to Extend Time , Motion Hearing set for 2/27/96 re: [13-1] motion for partial Summary Judgment, set for 2/27/96 re: [12-1] motion to Strike [11-1] answer , Response to Motion reset to 2/13/96 for [13-1] motion for partial Summary Judgment, reset to 2/27/96 for [12-1] motion to Strike [11-1] answer ( signed by Magistrate Judge Daniel Scanlon Jr. ) (fce) (Entered: 02/08/1996)

Feb. 8, 1996
19

Rule 16 Scheduling Order Issued. Discovery Deadline 5/20/96 ; Discovery motion filing deadline 6/19/96 Motion Filing Deadline 7/19/96 ( Signed by Magistrate Judge Daniel Scanlon Jr. ) (fce) (Entered: 02/08/1996)

Feb. 8, 1996
20

Plaintiff's ltr dd 2/12/96, that he is in receipt of AG's request for extension of time and Order of Mag. Scanlon that was mailed to plaintiff at Lyon Mountain Corr. Fac., and notifying that as of 1/16/96, he has change of address to: Adirondack Corr. Fac., P.O. Box 110, Ray Brook, NY 12977-0110. (fce) (Entered: 02/14/1996)

Feb. 14, 1996
21

RESPONSE by Sylvia Laguna, Tammy Bechaz, Robert Hoehn, Wayne Barkley to [12-1] motion to Strike [11-1] answer (fce) (Entered: 02/14/1996)

Feb. 14, 1996
23

MEMORANDUM of Law by Sylvia Laguna, Tammy Bechaz, Robert Hoehn, Wayne Barkley in support of [22-1] cross motion for Summary Judgment (fce) (Entered: 02/14/1996)

Feb. 14, 1996
24

Rule 10J Statement in Support of [22-1] cross motion for Summary Judgment filed by Sylvia Laguna, Tammy Bechaz, Robert Hoehn, Wayne Barkley (fce) (Entered: 02/14/1996)

Feb. 14, 1996
25

RESPONSE by Duane Harrison , Response Deadline ; Response re: [22- 1] cross motion for Summary Judgment (fce) (Entered: 02/23/1996)

Feb. 23, 1996
26

MEMORANDUM of Law by Duane Harrison in opposition to [22-1] cross motion for Summary Judgment (fce) (Entered: 02/23/1996)

Feb. 23, 1996
27

Rule 7.1(f) Statement in opposition to [22-1] cross motion for Summary Judgment filed by Duane Harrison (fce) (Entered: 02/23/1996)

Feb. 23, 1996
28

Affirmation by Duane Harrison in opposition to Re: [21-1] motion response (fce) (Entered: 02/23/1996)

Feb. 23, 1996
29

RESPONSE by Duane Harrison to Affidavit of Dr. Mirza in support of [22-1] cross motion for Summary Judgment (fce) (Entered: 03/05/1996)

March 5, 1996
30

Addendum by Duane Harrison in opposition to [22-1] cross motion for Summary Judgment (fce) (Entered: 06/17/1996)

June 17, 1996
31

MOTION by Duane Harrison to Compel Discovery , Hearing set for 7/18/96 , Response Deadline 7/4/96 , Reply to Response Deadline 7/11/96 Motion returnable before Judge/Mag. Judge: Scanlon (fce) (Entered: 06/19/1996)

June 19, 1996
32

Defendants' RESPONSE in opposition to plaintiff's [31-1] motion to Compel Discovery and in Support of Defendants' Request for Protective Order and Stay of Further Discovery. (fce) (Entered: 07/23/1996)

July 22, 1996
33

Letter to the court from plaintiff dd 7/22/96 regarding defendant's have not responded to plaintiff's motion to compel discovery, plaintiff ready for trial and request for default judgment in favor of the plaintiff. (fce) (Entered: 07/24/1996)

July 24, 1996
34

REPLY by Duane Harrison to response to [31-1] motion to Compel Discovery and Defendants' Request for Protective Order and Stay of Further Proceedings. (fce) (Entered: 07/25/1996)

July 25, 1996
35

Defendant's REQUEST and ORDER, to Extend Time until 7/24/96 to file opposition to plaintiff's request for additional documents and to request a stay of discovery pending determination of the summary judgment motions. , reset Discovery ( signed by Carolyn D. Brown as per direction of Magistrate Judge Daniel Scanlon Jr. ) (fce) (Entered: 07/26/1996)

July 26, 1996

Motion(s) referred: [22-1] cross motion for Summary Judgment referred to Magistrate Judge Daniel Scanlon Jr. (cdl) (Entered: 08/12/1996)

Aug. 12, 1996
36

NOTICE of change of address to Mt. McGregor CF, dd 10/15/96, filed by Duane Harrison (cbm) (Entered: 10/23/1996)

Oct. 18, 1996
37

Plaintiff's notice of change of address to Hudson Correctional Facility (fce) (Entered: 12/02/1996)

Nov. 29, 1996
38

REPORT AND RECOMMENDATIONS of Magistrate Judge Daniel Scanlon Jr. dtd 1/14/97; Service Date: 1/17/97 Re: [22-1] Defts' cross motion for Summary Judgment & [13-1] Pltf's motion for partial Summary Judgment; RECOMMENDATION - deny Pltf's motion for partial summary judgment & grant Defts' cross motion for summary judgment. (Objection to R and R due by 2/6/97 for Duane Harrison, for Wayne Barkley, for Robert Hoehn, for Tammy Bechaz, for Sylvia Laguna ); Motion(s) no longer referred (lmp) (Entered: 01/17/1997)

Jan. 17, 1997
38

ORDER denying as moot [31-1] motion to Compel Discovery, denying as moot [12-1] motion to Strike [11-1] answer & denying as moot [32-1] Defts' request for a protective order & stay of further discovery. (signed by Magistrate Judge Daniel Scanlon Jr. on 1/14/97) (lmp) (Entered: 01/17/1997)

Jan. 17, 1997

Motion(s) no longer referred: [31-1] motion to Compel Discovery, [22-1] cross motion for Summary Judgment, [13-1] motion for partial Summary Judgment, [12-1] motion to Strike [11-1] answer (lmp) (Entered: 01/17/1997)

Jan. 17, 1997
39

OBJECTION by Duane Harrison to [38-1] report and recommendations (cbm) (Entered: 01/30/1997)

Jan. 30, 1997
40

MEMORANDUM-DECISION AND ORDER approving and adopting [38-1] report and recommendations; granting Defts' [22-1] cross motion for Summary Judgment, denying [13-1] Pltf's motion for partial Summary Judgment. (signed by Judge Rosemary S. Pooler on 4/11/97) (lmp) (Entered: 04/14/1997)

April 14, 1997
41

JUDGMENT for Sylvia Laguna, Tammy Bechaz, Robert Hoehn, Wayne Barkley against Duane Harrison (lmp) (Entered: 04/14/1997)

April 14, 1997

Case closed (lmp) (Entered: 04/14/1997)

April 14, 1997
42

NOTICE OF APPEAL by Duane Harrison . Appeal record due on 5/28/97 (fce) (Entered: 05/05/1997)

April 28, 1997

Notice of appeal and certified copy of docket to USCA re: [42-1] appeal by Duane Harrison (parties noticed). (lmp) (Entered: 05/09/1997)

May 9, 1997

Certified and transmitted record on appeal (ENTIRE FILE) to U.S. Court of Appeals: [42-1] appeal by Duane Harrison (lmp) (Entered: 05/09/1997)

May 9, 1997
43

Plaintiff's letter to Court dated 5/13/97 re: unable to pay fee of $105.00, wishes for his request for appt. of counsel to be granted. in hopes atty. can provide remedy (fce) (Entered: 05/21/1997)

May 16, 1997

Copy of Document #43 sent to CCA (fce) (Entered: 05/21/1997)

May 21, 1997

NOTICE of Docketing ROA from USCA Re: [42-1] appeal by Duane Harrison USCA NUMBER: 97-2286 (lmp) (Entered: 05/21/1997)

May 21, 1997

USCA Case Number Re: [42-1] appeal by Duane Harrison USCA NUMBER: 97-2286 (lmp) (Entered: 05/21/1997)

May 21, 1997
44

JUDGMENT OF USCA (certified copy) Re: [42-1] appeal by Duane Harrison, Appeal dismissed for failure to submit an financial affidavit and a prisoner Authorization form. (fce) (Entered: 07/21/1997)

July 21, 1997
45

COURT NOTICE sent to 2CCA advising them of receipt of $105 for filing fee for Notice of Appeal. Receipt #34283;2/24/98 (fce) (Entered: 02/26/1998)

Feb. 26, 1998
46

REINSTATEMENT OF APPEAL by Duane Harrison; motion for appointment of counsel is DENIED; appellant's brief to be filed by 6/22/98; appellee's brief by 7/22/98; appeal will be submitted as early as week of 8/31/98. (lmp) (Entered: 05/29/1998)

May 29, 1998
47

MANDATE OF USCA reversing judgment of district court and remanded for further proceedings. (certified copy) Re: [46-1] appeal by Duane Harrison (fce) (Entered: 08/15/2000)

Aug. 14, 2000

Case reopened (Pursuant to Mandate entered on 8/14/00) (dmf) (Entered: 08/28/2000)

Aug. 14, 2000

Record on appeal returned from U.S. Court of Appeals: [46-1] appeal by Duane Harrison (dmf) (Entered: 09/06/2000)

Sept. 6, 2000

CASE reassigned to Judge Thomas J. McAvoy - Judge Pooler no longer a district judge. (tjm) (Entered: 01/11/2001)

Jan. 11, 2001

CASE REFERRED to Magistrate Judge David E. Peebles - Mag/Judge Scanlon is deceased. (tjm) (Entered: 01/11/2001)

Jan. 11, 2001

Tele-conference set at 3/27/01, at 11:00 AM with Mag. Jg. Peebles. Clerk's Notice sent by Linda Payne to all parties. (ljr) (Entered: 03/06/2001)

March 5, 2001
48

CLERK'S NOTICE of Telephone Conference set for 3/27/01, at which time plaintiff and defense counsel are to advise the Court as the status of this case; The Attorney General is directed to make arrangements to initiate this telephone conference and to notify the facility where plaintiff is presently housed and has access to a table for his legal materials. (ljr) (Entered: 03/06/2001)

March 5, 2001

3/9/01 Tel. message from Mrs. Heath at Hudson Corr. Fac. advising that Pltf. Harrison was released to parole supervision in 1999. (lmp) (Entered: 03/09/2001)

March 9, 2001
49

Mail returned undeliverable. Sent to plaintiff Duane Harrison [48-1] notice RE: Doc. #: [48-1] Address sent to: Hudson Correctional Facility; Envelope Marked paroled 5/15/99 Great Meadow. (ljr) (Entered: 03/12/2001)

March 12, 2001
50

Change of Address received by AAG Deborah Ferro for Plainitff Harrison. Effective date: May 1999 inmate was paroled from Great Meadow Correctional Facility; As per pro bono counsel who represented plaintiff in his appeal, the New Address: 101-25 West 147th St., Apt. 15- I, New York, N.Y. 10039 (ljr) (Entered: 03/13/2001)

March 13, 2001

Tele-conference set at 11:00 4/6/01 before Mag. Jg. Peebles. (ljr) (Entered: 03/13/2001)

March 13, 2001
51

CLERK'S NOTICE of Telephone Conference Schedule before Mag. Jg. Peebles, on April 6, 2001 at 11:00AM at which time plaintiff and defense counsel are to advise the Court as to the Status of this case. AAG Ferro, is directed to make arrangements to initiate this conference, and Mr. Harrison is to confirm with Ms. Ferro his availability on that date and time. (ljr) (Entered: 03/13/2001)

March 13, 2001
52

Minute entry: Tel.Conf. w/MJ Peebles - Pltf. & AAG advise discovery is completed & list proposed witnesses to be called at trial; Pltf. will request appointment of atty. for trial; Pltf. & AAG advise as to status of settlement negotiatons; MJ Peebles sets further Tel.Conf.; set Pretrial Conference for 3:00 pm on 5/7/01 via telphone w/Defts' atty. to initiate call. APP: Duane Harrison, pro se Pltf.; Deborah Ferro for Defts.; Court Reporter/ECRO: None (lmp) (Entered: 04/06/2001)

April 6, 2001
53

ORDER, Setting Pretrial Conference for 3:00 5/7/01 ; by Telephone; Defendants attorney is directed to make arrangements for initiating the call to counsel for all parties and the court. ( signed by Magistrate Judge David E. Peebles ) Date 4/10/01 (ljr) Modified on 04/10/2001 (Entered: 04/10/2001)

April 10, 2001
54

REQUEST and ORDER, by Deborah Ferro, requesting that the 5/7/01 conference be adjourned for two weeks; Request Granted Resetting Telephone Conference for 3:00 5/21/01 ( signed by Magistrate Judge David E. Peebles ) (ljr) (Entered: 05/03/2001)

May 3, 2001
55

Minute entry: Tel. conf. w/MJ Peebles - AAG Ferro advises as to status of settlement offer; Pltf. refuses present settlement offer & requests case be scheduled for trial; MJ Peebles to forward file to DJ McAvoy w/memo as to Pltf's request for atty., list of witnesses to be called & Defts' intention to file motion in limine to dismiss Defts. Bechax, Laguna & Barkley. APP: Duane Harrison pro se Pltf.; Deborah Ferro for Defts.; Court Reporter/ECRO: None (lmp) (Entered: 05/21/2001)

May 21, 2001
56

LETTER of Deborah A. Ferro, AAG dd 6-05-01 that parties have agreed to settle and will submit Stipulation of Discontinuance to the Court (pta) (Entered: 06/07/2001)

June 7, 2001
57

JUDGMENT DISMISSING ACTION BY REASON OF SETTLEMENT Date Served & Entered: 6/20/01 (cml) (Entered: 06/20/2001)

June 20, 2001

RECEIVED Proposed Stipulation of Discontinuance [forward to chambers/SST] (pta) (Entered: 07/09/2001)

July 9, 2001
58

STIPULATION of dismissal by Sylvia Laguna, Tammy Bechaz, Robert Hoehn, Wayne Barkley, Duane Harrison (amt) (Entered: 07/15/2001)

July 12, 2001

State / Territory: New York

Case Type(s):

Prison Conditions

Key Dates

Filing Date: July 17, 1995

Closing Date: 2001

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Inmate alleging that prison officials' refusal to treat cavity in one tooth unless he consented to extraction of another tooth, which was also diseased but which he nevertheless wished to keep, violated his rights under Eighth and Fourteenth Amendments

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: No

Filed Pro Se: Yes

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Riverview Correctional Facility (Ogdensburg), 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:

Private Settlement Agreement

Voluntary Dismissal

Order Duration: 2001 - 0

Issues

Medical/Mental Health:

Dental care

Medical care, general

Type of Facility:

Government-run