Case: Kozlowski v. Coughlin

U.S. Court of Appeals for the Second Circuit

Neri v. Coughlin

Dawes v. State of NY

New York state trial court

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)

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)

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

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

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)

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

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)

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

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

Consolidated Member Case. Lead Case Number: 1:81cv2355 . (dcap)

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)

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

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)

Case closed. (dcap)

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)

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)

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

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

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

Notice of reassignment mailed to Marilyn D. Berson returned. Undeliverable as addressed, unable to forward. (bm)

Notice of reassignment mailed to Joan Posner returned. Undeliverable as addressed, unable to forward. (bm)

Notice of reassignment mailed to David C. Leven returned. Undeliverable as addressed, unable to forward. (bm)

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

Notice of reassignment mailed to Robert Gombiner returned. Undeliverable as addressed, unable to forward. (bm)

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)

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

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)

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)

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)

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)

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)

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)

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

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

NOTICE OF MOTION for Enforcement of Judgment; Permission to Amend Class Cert. Appointment of Counsel and Grant of Injunction and Expedited Hearing.(lmb) (Entered: 10/01/2012)

ORDER denying 28 Motion to Enforce Judgment. In 1983, a consent decree was entered in these cases. The terms of the consent decree governed visitation privileges at New York State Department of Corrections and Community Supervision prisons. On November 26, 2011, the consent decree was terminated pursuant to the Prison Litigation Reform Act of 1995. See Kozlowski v. Coughlin, Nos. 81 Civ. 5886 (LMM), 81 Civ. 2355 (LMM), 2001 WL 1506010 (S.D.N.Y.). Movants Sheldon Messer, Stephen Gagne, and Thomas Morris, each of whom is imprisoned at Elmira Correctional Facility, bring this pro se motion to argue that the current NYSDOCCS policy violates the terms of the consent decree. Movants also seek to amend class certification and representation in this case, the appointment of counsel, and an injunction and expedited hearing. The motion is denied because the consent decree has been terminated. The Court certifies under 28 U.S.C. § 1915(a)(3) that any appeal from this order would not be taken in good faith, and therefore in forma pauperis status is denied for the purpose of an appeal. See Coppedge v. United States, 369 U.S. 438, 444-45 (1962). (Signed by Judge Lawrence M. McKenna on 12/26/2012) (mro) (Entered: 12/26/2012)