Case: Higgins v. Coombe

1:94-cv-07942 | U.S. District Court for the Southern District of New York

Filed Date: Nov. 3, 1994

Closed Date: 1998

Clearinghouse coding complete

Case Summary

On November 3, 1994, an inmate at the Attica Correctional Facility in Attica, New York, filed a pro se lawsuit under 42 U.S.C. §1983 against the New York State Department of Corrections and representatives of Greenhaven Correctional Facility (including the prison doctor) in the U.S. District Court for the Southern District of New York. The plaintiff, who had been incarcerated at Greenhaven, asked the court for declaratory and injunctive relief, as well as damages, alleging that his constitution…

On November 3, 1994, an inmate at the Attica Correctional Facility in Attica, New York, filed a pro se lawsuit under 42 U.S.C. §1983 against the New York State Department of Corrections and representatives of Greenhaven Correctional Facility (including the prison doctor) in the U.S. District Court for the Southern District of New York. The plaintiff, who had been incarcerated at Greenhaven, asked the court for declaratory and injunctive relief, as well as damages, alleging that his constitutional rights had been violated by denial of access to the courts, inadequate medical care following a 1994 injury on the handball court at Greenhaven, failure to repair the prison's handball court, inadequate supply of clean clothing, lack of sanitation, infestation with mice, deprivation of pain medication, inadequate heating, and failure to supply him with headphones.

On September 4, 1996, the U.S. District Court for the Southern District of New York (Judge Miriam G. Cedarbaum) granted summary judgment to the defendants on all issues except access to courts, which was not addressed in their arguments. Higgins v. Coombe, No. 94-7942, 1996 WL 502409 (S.D.N.Y. Sept. 4, 1996).

The plaintiff then asked the court for further injunctive relief, complaining that the defendants retaliated against him for filing his compliant. On June 16, 1997, the district court (Judge Sonia Sotomayor) partially dismissed the complaint, allowing the plaintiff to proceed on his claims that the defendants lost his legal documents and filed a false misbehavior report on him. Higgins v. Coombe, No. 95-8696, 1997 WL 328623 (S.D.N.Y. June 16, 1997).

On March 13, 1998, the district court (Judge Cedarbaum) granted the defendants' motion to dismiss the access to courts claim, due to failure to prosecute on the part of the plaintiff. Higgins v. Coombe, No. 94-7492, 1998 WL 113955 (S.D.N.Y. Mar. 13, 1998). The court then closed the case.

Summary Authors

Kristen Sagar (10/31/2006)

People


Judge(s)

Batts, Deborah A. (New York)

Casey, Richard Conway (New York)

Cedarbaum, Miriam Goldman (New York)

Sotomayor, Sonia (District of Columbia)

Attorneys(s) for Defendant

Bacigalupi, Robert F. (New York)

Cardinale, Richard J. (New York)

Vacco, Dennis C. (New York)

Other Attorney(s)

Active

Expert/Monitor/Master

Gershon, Nina (New York)

Judge(s)

Batts, Deborah A. (New York)

Casey, Richard Conway (New York)

Cedarbaum, Miriam Goldman (New York)

Sotomayor, Sonia (District of Columbia)

Attorneys(s) for Defendant

Bacigalupi, Robert F. (New York)

Cardinale, Richard J. (New York)

Vacco, Dennis C. (New York)

Other Attorney(s)

Quaranta, Christopher A (New York)

Expert/Monitor/Master

Gershon, Nina (New York)

Documents in the Clearinghouse

Document

1:94-cv-07942

Docket (PACER)

March 16, 1998

March 16, 1998

Docket
30

1:94-cv-07942

Memorandum Opinion and Order

1996 WL 502409, 1996 U.S.Dist.LEXIS 12856

Sept. 4, 1996

Sept. 4, 1996

Order/Opinion

95-08696

Opinion and Order

1997 WL 328623

June 16, 1997

June 16, 1997

Order/Opinion
33

95-08696

Memorandum Opinion and Order

1998 WL 113955, 1998 U.S.Dist.LEXIS 3039

March 13, 1998

March 13, 1998

Order/Opinion

95-08696

Memorandum and Order

1999 WL 760658

Sept. 27, 1999

Sept. 27, 1999

Order/Opinion

95-cv-03011

Memorandum and Order

2001 WL 262930

March 15, 2001

March 15, 2001

Order/Opinion

95-08696

Memorandum and Order

2002 WL 362776

March 6, 2002

March 6, 2002

Order/Opinion

95-08696

94-cv-04810

Memorandum & Order

2003 WL 22110438

Sept. 11, 2003

Sept. 11, 2003

Order/Opinion

Docket

Last updated Aug. 31, 2022, 3:19 a.m.

ECF Number Description Date Link Date / Link
1

Order endorsed on declaration and support of request to proceed in forma pauperis, granted ; ( signed by Chief Judge Thomas P. Griesa ) (jl) (Entered: 11/18/1994)

Nov. 3, 1994

Nov. 3, 1994

2

PETITION for writ of Certiorari (jl) (Entered: 11/18/1994)

Nov. 3, 1994

Nov. 3, 1994

3

COMPLAINT filed; Summons issued and Notice pursuant to 28 U.S.C. 636(c); (jl) (Entered: 11/18/1994)

Nov. 3, 1994

Nov. 3, 1994

It is suggested that the case be classified as Unknown. Magistrate Judge Gershon is so Designated. (jl) (Entered: 11/18/1994)

Nov. 3, 1994

Nov. 3, 1994

4

ORDER that case be referred to Case Processing Assistant for Assignment of a Magistrate Judge for General Pretrial. SO ORDERED: ( signed by Judge Miriam G. Cedarbaum ) (ae) (Entered: 11/28/1994)

Nov. 25, 1994

Nov. 25, 1994

NOTICE OF CASE ASSIGNMENT to Magistrate Judge Nina Gershon endorsed on order of reference to Magistrate Judge. Referred for General Pretrial. (ae) (Entered: 11/28/1994)

Nov. 25, 1994

Nov. 25, 1994

5

ACKNOWLEDGEMENT OF SERVICE as to Philip Coombe Jr. by mail on 1/27/95 (kk) (Entered: 03/06/1995)

Feb. 28, 1995

Feb. 28, 1995

5

ACKNOWLEDGEMENT OF SERVICE as to Christopher Artuz by mail on 2/21/95 (kk) (Entered: 03/06/1995)

Feb. 28, 1995

Feb. 28, 1995

5

ACKNOWLEDGEMENT OF SERVICE as to DR. Beckles by mail on 2/2/95 (kk) (Entered: 03/06/1995)

Feb. 28, 1995

Feb. 28, 1995

5

ACKNOWLEDGEMENT OF SERVICE as to D. Bliden by mail on 2/7/95 (kk) (Entered: 03/06/1995)

Feb. 28, 1995

Feb. 28, 1995

5

ACKNOWLEDGEMENT OF SERVICE as to Thomas A. Bushek by mail on 2/3/95 (kk) (Entered: 03/06/1995)

Feb. 28, 1995

Feb. 28, 1995

6

NOTICE of change of address of pro-se pltff. by Thomas J. Higgins (ls) (Entered: 03/08/1995)

Feb. 28, 1995

Feb. 28, 1995

7

Filed Memo_Endorsement on letter by Donna Pardini to Magistrate Judge Gershon dated 3/3/95, Reset answer due for 5/22/95 for Thomas A. Bushek, for D. Bliden, for DR. Beckles, for Christopher Artuz, for Philip Coombe Jr. ( signed by Magistrate Judge Nina Gershon ) (ae) (Entered: 03/10/1995)

March 9, 1995

March 9, 1995

8

ORDER, answer due for 2/24/95 for Thomas A. Bushek, for D. Bliden, for DR. Beckles, for Christopher Artuz ( signed by Judge Miriam G. Cedarbaum ); Copies mailed (cd) (Entered: 03/13/1995)

March 10, 1995

March 10, 1995

9

NOTICE OF MOTION by Thomas J. Higgins for default judgment against Philip Coombe Jr. , and for appointment of counsel Return date not indicated. (lam) (Entered: 03/21/1995)

March 17, 1995

March 17, 1995

10

AFFIDAVIT in support of Angela M. Cartmill (pl) (Entered: 05/25/1995)

May 22, 1995

May 22, 1995

12

Letter filed by Christopher Artuz, DR. Beckles, D. Bliden, Thomas A. Bushek dated 5/2/95 re: continuance of this action for 90 days and.... (dktd. & fld. as per instr. of chambers on 6/7/95 (pl) (Entered: 06/12/1995)

June 7, 1995

June 7, 1995

11

ORDER, defts' motion for an order purs. to 42 USC 1997e requiring pltff to exhaust his administrative remedies before proceeding with this action is denied. ( signed by Judge Miriam G. Cedarbaum ); Copies mailed (kg) (Entered: 06/12/1995)

June 8, 1995

June 8, 1995

14

NOTICE of CHANGE OF ADDRESS by Thomas J. Higgins (pl) (Entered: 06/26/1995)

June 19, 1995

June 19, 1995

13

ANSWER to Complaint by Christopher Artuz, DR. Beckles, D. Bliden, Thomas A. Bushek (Attorney Robert F. Bacigalupi), ; Firm of: Dennis C. Vacco by attorney Robert F. Bacigalupi for defendant Thomas A. Bushek (djc) (Entered: 06/22/1995)

June 20, 1995

June 20, 1995

16

AMENDED ANSWER to Complaint by Philip Coombe Jr., Christopher Artuz, DR. Beckles, D. Bliden, Thomas A. Bushek : amends [13-1] answer; jury demand (lam) (Entered: 08/03/1995)

July 28, 1995

July 28, 1995

15

ORDER denying [9-2] motion for appointment of counsel ( signed by Judge Miriam G. Cedarbaum ); Copies mailed (cd) (Entered: 08/02/1995)

July 31, 1995

July 31, 1995

17

ORDER denying [9-1] motion for default judgment against Philip Coombe Jr. ( signed by Judge Miriam G. Cedarbaum ); Copies mailed (cd) (Entered: 08/07/1995)

Aug. 3, 1995

Aug. 3, 1995

20

NOTICE OF APPEAL by Thomas J. Higgins ; from [17-1] order . Copies of notice of appeal mailed to Attorney(s) of Record: NYS Atty. General. (as) (Entered: 11/17/1995)

Aug. 21, 1995

Aug. 21, 1995

18

ORDER, reset discovery due for 11/29/95 , set dispositive motion filing deadline for 12/29/95 ( signed by Magistrate Judge Nina Gershon ); Copies mailed (emil) (Entered: 09/07/1995)

Aug. 31, 1995

Aug. 31, 1995

19

ORDER, denying plntf motion for default judgment against deft Coombe ( signed by Judge Miriam G. Cedarbaum ); Copies mailed (cd) (Entered: 10/27/1995)

Oct. 25, 1995

Oct. 25, 1995

Notice of appeal and certified copy of docket to USCA: [20-1] appeal by Thomas J. Higgins ; Copy of notice of appeal sent to District Judge. (as) (Entered: 11/17/1995)

Nov. 17, 1995

Nov. 17, 1995

21

Notice that the record on appeal has been certified and transmitted to the U.S. Court of Appeals: [20-1] appeal by Thomas J. Higgins (rag) (Entered: 12/01/1995)

Nov. 17, 1995

Nov. 17, 1995

23

Letter filed dated 11/22/95 re New Schedule (rag) (Entered: 12/08/1995)

Nov. 30, 1995

Nov. 30, 1995

24

Letter filed by Thomas J. Higgins dated 11/6/95 re Extension of Time (see document #23) (rag) (Entered: 12/08/1995)

Nov. 30, 1995

Nov. 30, 1995

22

ORDER, GRANTING LEAVE FOR THE TAKING OF THE DEPOSITION OF A PRISONER ... that the deposition upon oral examination of plaintiff Thomas J. Higgins be taken at Sing Sing correctional Facility on December 5, 1995.... ( signed by Judge Miriam G. Cedarbaum ); Copies mailed (djc) (Entered: 12/08/1995)

Dec. 1, 1995

Dec. 1, 1995

25

Filed Memo_Endorsement on letter dated 1/9/96, discovery due for 1/12/96 ( signed by Magistrate Judge Nina Gershon ) (cd) (Entered: 01/17/1996)

Jan. 12, 1996

Jan. 12, 1996

26

MANDATE OF USCA (certified copy) Re: [20-1] appeal by Thomas J. Higgins : This court having determined sua sponte that it lacks jurisdiction over this appeal because a final order has not been issued by the district court as contemplated by 28 USC sec. 1291, it is ordered that said appeal be and it hereby is dismissed. [95-2752] GEORGE LANGE, III, Clerk, USCA. (as) (Entered: 01/23/1996)

Jan. 23, 1996

Jan. 23, 1996

27

NOTICE OF MOTION by Philip Coombe Jr., Christopher Artuz, DR. Beckles, D. Bliden, Thomas A. Bushek for summary judgment in defendants' favor on the ground that there is not genuine issue as to any material facts and defendants are entitled to judmgent as a matter of law. , Return date (ae) (Entered: 02/02/1996)

Jan. 29, 1996

Jan. 29, 1996

28

MEMORANDUM OF LAW by Philip Coombe Jr., Christopher Artuz, DR. Beckles, D. Bliden, Thomas A. Bushek in support of [27-1] motion for summary judgment in defendants' favor on the ground that there is not genuine issue as to any material facts and defendants are entitled to judmgent as a matter law. (ae) (Entered: 02/02/1996)

Jan. 29, 1996

Jan. 29, 1996

29

AFFIRMATION of Thomas Higgins by Thomas J. Higgins in opposition to Re: [27-1] motion for summary judgment in defendants' favor on the ground that there is not genuine issue as to any material facts and defendants are entitled to judmgent as a matter of law. (ae) (Entered: 05/24/1996)

May 22, 1996

May 22, 1996

30

MEMORANDUM OPINION AND ORDER # 77220 granting [27-1] motion for summary judgment in defendants' favor on the ground that there is not genuine issue as to any material facts and defendants are entitled to judmgent as a matter of law. ...So Ordered.....( Signed by Judge Miriam G. Cedarbaum ) (pl) (Entered: 09/05/1996)

Sept. 4, 1996

Sept. 4, 1996

31

MEMORANDUM by Philip Coombe Jr., Christopher Artuz, DR. Beckles, D. Bliden, Thomas A. Bushek in SUPPORT of [27-1] motion for summary judgment in defendants' favor on the ground that there is not genuine issue as to any material facts and defendants are entitled to judmgent as a matter of law. (lam) (Entered: 04/15/1997)

April 11, 1997

April 11, 1997

32

NOTICE OF MOTION by Philip Coombe Jr., Christopher Artuz, DR. Beckles, D. Bliden, Thomas A. Bushek for an order, purs to Rule 56 of the FRCP, granting summary judgment. Return date 5/9/97. (lam) (Entered: 04/15/1997)

April 11, 1997

April 11, 1997

32

Rule 3(g) statement filed by Philip Coombe Jr., Christopher Artuz, DR. Beckles, D. Bliden, Thomas A. Bushek (lam) (Entered: 04/15/1997)

April 11, 1997

April 11, 1997

32

AFFIDAVIT of Dr. Norman H. Selwin, Acting Medical Dir. of Green Haven Corr. Fac. for Philip Coombe Jr., Christopher Artuz, DR. Beckles, D. Bliden, Thomas A. Bushek in SUPPORT of [32-1] motion for an order, purs to Rule 56 of the FRCP, granting summary judgment. (lam) (Entered: 04/15/1997)

April 11, 1997

April 11, 1997

Terminated document 32-1 as per instructions of Judge Cedarbaum dated 03/13/98. (rag) (Entered: 03/16/1998)

March 13, 1998

March 13, 1998

33

MEMORANDUM OPINION AND ORDER #80255, defendants' motion for summary judgment is granted ( Signed by Judge Miriam G. Cedarbaum ); Copies mailed; sent orig. to J.C. on 3/16/98 (ae) (Entered: 03/16/1998)

March 13, 1998

March 13, 1998

34

JUDGMENT, that for the reasons stated in the Court's Memorandum Opinion (80255) and Order of 3/11/98, deft's motion for summary judgment is granted (James M. Parkison, Clerk of Court); Mailed copies and notice of right to appeal. (cd) (Entered: 03/17/1998)

March 16, 1998

March 16, 1998

Case closed (cd) (Entered: 03/17/1998)

March 16, 1998

March 16, 1998

35

Letter filed to Judge Cedarbaum by Thomas J. Higgins dated 5/23/95 re respnse to deft motion of 5/2/95 (cd) (Entered: 03/19/1998)

March 16, 1998

March 16, 1998

36

Letter filed to Judge Cedarbaum by R. Bacigalupi, dated 7/28/95 re possible default (cd) (Entered: 03/19/1998)

March 16, 1998

March 16, 1998

37

Letter to Judge Cedarbaum from R. Cardinal dated 3/14/98 re supplemental motion for summary judgment (cd) (Entered: 03/19/1998)

March 16, 1998

March 16, 1998

38

Letter filed to Thomas J. Higgins, from Chambers dated 7/1/97 re no response to deft summary jgm motion (cd) (Entered: 03/19/1998)

March 16, 1998

March 16, 1998

39

Letter filed to Judge Cedarbaum by Philip Coombe Jr. dated 5/19/97 re no response to their sum jgm motion (cd) (Entered: 03/19/1998)

March 16, 1998

March 16, 1998

40

Letter filed to Judge Cedarbaum by Philip Coombe Jr. dated 9/9/97 re no response to their sum jgm motion (cd) (Entered: 03/19/1998)

March 16, 1998

March 16, 1998

Case Details

State / Territory: New York

Case Type(s):

Prison Conditions

Key Dates

Filing Date: Nov. 3, 1994

Closing Date: 1998

Case Ongoing: No

Plaintiffs

Plaintiff Description:

State prisoner claiming that defendants deprived him of his rights under the Eighth and Fourteenth Amendments including his right to access to the courts

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: No

Filed Pro Se: Yes

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Green Haven Correctional Facility (Greenhaven), State

Case Details

Causes of Action:

42 U.S.C. § 1983

Constitutional Clause(s):

Cruel and Unusual Punishment

Due Process

Due Process: Procedural Due Process

Availably Documents:

Trial Court Docket

Any published opinion

Outcome

Prevailing Party: Defendant

Nature of Relief:

None

Source of Relief:

Litigation

Order Duration: 1996 - 0

Issues

General:

Access to lawyers or judicial system

Bathing and hygiene

Informed consent/involuntary medication

Personal injury

Recreation / Exercise

Discrimination-area:

Medical Exam / Inquiry

Medical/Mental Health:

Medical care, general

Type of Facility:

Government-run