Case: Kozlowski v. Coughlin

1:81-cv-05886 | U.S. District Court for the Southern District of New York

Filed Date: Sept. 22, 1981

Clearinghouse coding complete

Case Summary

On September 22, 1981, New York state inmates filed a class action lawsuit under 42 U.S.C. § 1983 against the New York State Department of Corrections in the U.S. District Court for the Southern District of New York. The plaintiffs, represented by Prisoners Legal Services of New York, asked the District Court for declaratory and injunctive relief, alleging that their constitutional rights had been violated by the visitation procedures at the state prisons. On March 22, 1982, the U.S. Distric…

On September 22, 1981, New York state inmates filed a class action lawsuit under 42 U.S.C. § 1983 against the New York State Department of Corrections in the U.S. District Court for the Southern District of New York. The plaintiffs, represented by Prisoners Legal Services of New York, asked the District Court for declaratory and injunctive relief, alleging that their constitutional rights had been violated by the visitation procedures at the state prisons.

On March 22, 1982, the U.S. District Court for the Southern District of New York (Judge Charles E. Stewart, Jr.) granted declaratory and injunctive relief to the plaintiffs, holding that the prisoners had a constitutionally protected liberty interest in receiving the visitors of their choice. Kozlowski v. Coughlin, 539 F.Supp. 852 (S.D.N.Y. 1982).

In May, 1983, the parties entered into a Consent Decree, which provided for new procedural rules for the prison system's revocation or suspension of visitation privileges. In 1988, the defendants asked the District Court to modify the Consent Decree. On September 23, 1988, the District Court (Judge Stewart) denied most of the modification requests, and the defendants appealed. On March 17, 1989, the U.S. Court of Appeals for the Second Circuit (Judge Irving Robert Kaufman) affirmed. On April 5, 1989, the District Court (Judge Stewart) entered an amended opinion, detailing which modifications of the Consent Decree would be allowed. The modifications allowed for the accumulation of different acts of misconduct involving the same visitor and increased the visitation suspensions for drug-related offenses. Kozlowski v. Coughlin, 711 F.Supp. 83 (S.D.N.Y. 1983).

In 2001, the defendants asked the District Court to terminate the Consent Decree pursuant to the Prison Litigation Reform Act, 18 U.S.C. §3626. On November 26, 2001, the District Court (Judge Lawrence M. McKenna) granted the defendants' request and terminated the Decree. Kozlowski v. Coughlin, No. 81-5886, 81-2355, 2001 WL 1506010 (S.D.N.Y. Nov. 26, 2001). According to the PACER docket (accurate as of 9/16/2005), Plaintiffs filed a notice of appeal. There was no further activity noted on the docket, so it is unclear whether the appeal was dismissed.

Summary Authors

Kristen Sagar (11/10/2006)

People


Judge(s)

Kaufman, Irving Robert (New York)

Marin, Alan C. (New York)

McKenna, Lawrence M. (New York)

Sotomayor, Sonia (District of Columbia)

Stewart, Charles E. Jr. (New York)

Attorneys(s) for Plaintiff

Benson, James D. (New York)

Gombiner, Robert (New York)

Landau, Joel (New York)

Leven, David C. (New York)

Posner, David L. (New York)

Judge(s)

Kaufman, Irving Robert (New York)

Marin, Alan C. (New York)

McKenna, Lawrence M. (New York)

Sotomayor, Sonia (District of Columbia)

Stewart, Charles E. Jr. (New York)

Attorneys(s) for Plaintiff

Benson, James D. (New York)

Gombiner, Robert (New York)

Landau, Joel (New York)

Leven, David C. (New York)

Posner, David L. (New York)

Selcov, Robert (New York)

Attorneys(s) for Defendant

Abrams, Robert W. (New York)

Becker, Joann M. (New York)

Howard, Richard M. (New York)

Shoemaker, James E. (New York)

Spitzer, Eliot (New York)

Documents in the Clearinghouse

Document

Docket (PACER)

Jan. 7, 2002 Docket

Memorandum Decision

539 F.Supp. 852

March 22, 1982 Order/Opinion

Reported Opinion

U. S. Court of Appeals for the Second Circuit

871 F.2d 241

March 17, 1989 Order/Opinion

Memorandum Decision

711 F.Supp. 83

April 5, 1989 Order/Opinion

Opinion and Order

Neri v. Coughlin

1993 WL 464687, 1993 U.S.Dist.LEXIS 15892

Nov. 9, 1993 Order/Opinion

Memorandum and Order

2001 WL 1506010, 2001 U.S.Dist.LEXIS 19294

Nov. 26, 2001 Order/Opinion

Reported Opinion

Dawes v. State of NY

New York state trial court

755 N.Y.S.2d 221

Jan. 14, 2003 Order/Opinion

Docket

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

ECF Number Description Date Link
1

COMPLAINT filed. Summons issued and Notice pursuant to 28 U.S.C. 636(c). FILING FEE $ 120.00 RECEIPT # 50881. (dcap) (Entered: 09/29/2000)

Sept. 22, 1981
2

Notice of assignment to Judge Charles E. Stewart . Copy of notice and judge's rules mailed to Attorney(s) of record: David C. Leven, Joan Posner, Robert Gombiner, Marilyn D. Berson . (dcap) (Entered: 09/29/2000)

Oct. 7, 1981
3

NOTICE of Related Case Statement by Anatol Kozlowski, Donna Kozlowski. (dcap) (Entered: 09/29/2000)

Oct. 7, 1981
17

Intervenor's COMPLAINT by Anatol Kozlowski, Donna Kozlowski. (dcap) (Entered: 09/29/2000)

Dec. 23, 1981
19

ORDER,...permitting James and Lisabeth Purchell leave to intervene as party plaintiffs to this action... adding party(ies) James Purchell and Lisabeth added party(ies): intervenor-plaintiff James Purchell, Lisabeth Purchell . ( signed by Judge Charles E. Stewart ); Copies mailed. (dcap) (Entered: 09/29/2000)

Jan. 13, 1982
21

ANSWER to Complaint by Thomas Coughlin III, Theodore C. Reid (Attorney Robert Abrams from the Firm: Atty. Gen. NYS) . (dcap) (Entered: 09/29/2000)

Jan. 20, 1982

JUDGMENT, for Anatol Kozlowski, Donna Kozlowski, James Purchell, Lisabeth Purchell against Thomas Coughlin III, Theodore C. Reid... Pltffs motion for consolidation of the two above cases 1:81cv2355 and 1:81cv5886 is granted. Defts their successors, agents, employees and person acting under their direction are enjoined from enforcing directive 4403 dated June 18, 1979 and from terminating, revoking or suspending the rights of inmates and their visitors are afforded due process protection. This action is maintained as a class action. ( signed by Judge Charles E. Stewart ); Mailed copies and notice of right to appeal. Entered On Docket: 04/04/83. [Original filed in 1:81cv2355 as Doc. No. 13] (dcap) Modified on 09/29/2000 (Entered: 09/29/2000)

April 4, 1983

Consolidated Member Case. Lead Case Number: 1:81cv2355 . (dcap) (Entered: 09/29/2000)

April 4, 1983

STIPULATION and ORDER SETTLEMENT... The court having signed a judgment declaring Directive 4403 date June 18, 1979 to be unconstitutional and enjoining its further enforcement, as indicated.. ( signed by Judge Charles E. Stewart ) [Original filed in 1:81cv2355 as Doc. No.15] (dcap) (Entered: 09/29/2000)

June 10, 1983

Case closed. (dcap) (Entered: 09/29/2000)

June 10, 1983
22

STIPULATION and ORDER, The parties to the above action hereby settle plaintiffs' pending request for attorneys' fees and costs without any admission or acknowledgment of liability by either party. The State of New York shall pay the principal sum of thirty-two thousand two hundred ninety-six dollars and eighty cents..in attorneys' fees and costs.. ... ( signed by Judge Louis L. Stanton ) (dcap) (Entered: 09/29/2000)

June 9, 1995
23

Notice of reassignment to Judge Lawrence M. McKenna . Copy of notice and judge's rules mailed to Attorney(s) of record: David C. Leven, Joan Posner, Robert Gombiner, Marilyn D. Berson . (bm) (Entered: 10/12/2000)

Oct. 11, 2000

Notice of reassignment mailed to Marilyn D. Berson returned. Undeliverable as addressed, unable to forward. (bm) (Entered: 10/24/2000)

Oct. 23, 2000

Notice of reassignment mailed to Joan Posner returned. Undeliverable as addressed, unable to forward. (bm) (Entered: 10/24/2000)

Oct. 23, 2000

Notice of reassignment mailed to David C. Leven returned. Undeliverable as addressed, unable to forward. (bm) (Entered: 10/24/2000)

Oct. 23, 2000

Notice of reassignment mailed to Robert Gombiner returned. Undeliverable as addressed, unable to forward. (bm) (Entered: 10/25/2000)

Oct. 24, 2000
24

Memo-Endorsement on letter addressed to Judge McKenna from Joel Landau, dated 11/9/00. Re: plaintiffs request that the stay of the consent decree be further stayed. Plaintiffs' application for a further stay of the stay (already extended by Judge Pauley in Part I to 12/4/00) is denied. The Court does not have power to grant such relief. Miller v. French, 120 S. Ct. 2246 (200). This determination is without prejudice to plaintiffs' arguments that the PLRA does not apply to this call and for an extension of the time to complete discovery, which are under advisement . ( signed by Judge Lawrence M. McKenna ); Copies mailed. (kw) (Entered: 12/11/2000)

Dec. 8, 2000
25

DECLARATION of Joel Landau by James Purchell, Lisabeth Purchell in support of Interveners' mottion for contempt and additional relief. (djc) (Entered: 04/12/2001)

April 5, 2001
26

NOTICE OF MOTION by Anatol Kozlowski, Donna Kozlowski for an order adjudging and holding defendants in contempt of the consent decree in this matter ; certifying the named complainants and interveners to representatives of a class of similarly situated person ; holding defendants liable for injuries suffered by the class members as a result of their contemptious actions ; ordering defendants to cooperate with further disocvery intended to identify all potential class members amd scheduling a hearing to assess and allocate damages ; Return date 4/27/01. (djc) (Entered: 04/12/2001)

April 5, 2001
27

Memo-Endorsement on letter addressed to Judge McKenna from Joel Landau, dated 5/7/01; plaintiffs request an enlargement of time until 5/18/01, w/in which to respond to defendant's Cross-Motion to Dismiss plaintiff's and complainant-intervener's motion for contempt in this action; Granted . ( signed by Judge Lawrence M. McKenna ); Copies mailed. (ae) (Entered: 05/11/2001)

May 10, 2001

NOTICE OF APPEAL by Anatol Kozlowski, Donna Kozlowski ; from ; the Order entered in this action on 11/30/01. Copies of notice of appeal mailed to Attorney(s) of Record: Attorney Generals Office for the State of New York. *($105.00 APPEAL FILING FEE DUE)* *(Original Doc.# 40 Filed In 81 Civ. 2355)*. (dt) (Entered: 12/27/2001)

Dec. 26, 2001

Notice of appeal and certified copy of docket to USCA: [0-1] appeal by Donna Kozlowski, Anatol Kozlowski ; Copy of notice of appeal sent to District Judge. (dt) (Entered: 12/27/2001)

Dec. 27, 2001

USCA appeal fees received $ 105.00 Appeal Filing Fee paid 1/7/02 on receipt # E 426791. (sb) (Entered: 01/08/2002)

Jan. 7, 2002

State / Territory: New York

Case Type(s):

Prison Conditions

Key Dates

Filing Date: Sept. 22, 1981

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Prisoners in New York State Prisons

Attorney Organizations:

Prisoners' Legal Services of New York (PLSNY)

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

New York State Dept. of Correctional Services , State

Case Details

Causes of Action:

42 U.S.C. § 1983

Constitutional Clause(s):

Freedom of speech/association

Availably Documents:

Trial Court Docket

Any published opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Source of Relief:

Settlement

Litigation

Form of Settlement:

Court Approved Settlement or Consent Decree

Order Duration: 1982 - 2001

Issues

General:

Visiting

Type of Facility:

Government-run