Case: Anderson v. Coughlin

9:87-cv-00141 | U.S. District Court for the Northern District of New York

Filed Date: Dec. 17, 1987

Closed Date: 2005

Clearinghouse coding complete

Case Summary

On December 17, 1987, prisoners at the Green Haven and Auburn State Correctional Facilities in New York filed a lawsuit under 42 U.S.C. § 1983 against the New York Department of Corrections in the U.S. District Court for the Northern District of New York. The prisoners, represented by Prisoners' Legal Services of New York and the Prisoners' Rights Project Legal Aid Society, alleged that their civil rights had been violated by the disciplinary procedures used for mentally ill prisoners.On Febru…

On December 17, 1987, prisoners at the Green Haven and Auburn State Correctional Facilities in New York filed a lawsuit under 42 U.S.C. § 1983 against the New York Department of Corrections in the U.S. District Court for the Northern District of New York. The prisoners, represented by Prisoners' Legal Services of New York and the Prisoners' Rights Project Legal Aid Society, alleged that their civil rights had been violated by the disciplinary procedures used for mentally ill prisoners.

On February 17, 1987, the plaintiffs asked the court to certify them as a class. On March 13, 1990, the magistrate judge Gustave J. DiBianco filed a report recommending that the court certify the class, and the defendants objected to the plaintiff class certification. On March 1, 1988, the U.S. District Court for the Northern District of New York (Judge Neal P. McCurn) certified the class of inmates who suffered from mental illness. Anderson v. Coughlin,10 Fed.R.Serv.3d 1277 (N.D.NY. 1988).

On December 16, 2003, parties entered into a private settlement agreement, and the U.S. District Court for the Northern District of New York (Judge McCurn) approved the form of the agreement. On January 27, 2005, the court entered a voluntary stipulation of dismissal, and on April 14, 2005, the court dismissed all remaining claims in the action with prejudice.

Summary Authors

Kristen Sagar (3/10/2006)

People

For PACER's information on parties and their attrorneys, see: https://www.courtlistener.com/docket/5353587/parties/anderson-v-coughlin/


Judge(s)

McCurn, Neal Peters (New York)

Attorneys(s) for Plaintiff

Boston, John (New York)

Fuller, Sarah Betsy (New York)

Goland, Lois (New York)

Kerr, Sarah (New York)

Leven, David C. (New York)

Murtagh-Monks, Karen L. (New York)

Sterling, Elizabeth [Betsy[ C. (New York)

Terrizzi, Thomas (New York)

Attorneys(s) for Defendant

Abrams, Robert W. (New York)

Judge(s)

McCurn, Neal Peters (New York)

Attorneys(s) for Plaintiff

Boston, John (New York)

Fuller, Sarah Betsy (New York)

Goland, Lois (New York)

Kerr, Sarah (New York)

Leven, David C. (New York)

Murtagh-Monks, Karen L. (New York)

Sterling, Elizabeth [Betsy[ C. (New York)

Terrizzi, Thomas (New York)

Attorneys(s) for Defendant

Abrams, Robert W. (New York)

Roberts, David B. (New York)

Selcov, Robert (New York)

Documents in the Clearinghouse

Document

9:87-cv-00141

Docket (PACER)

July 28, 2005

July 28, 2005

Docket
35

9:87-cv-00141

Memorandum-Decision and Order

119 F.R.D. 1

March 1, 1988

March 1, 1988

Order/Opinion
141

9:87-cv-00141

Settlement Agreement

Dec. 16, 2003

Dec. 16, 2003

Settlement Agreement

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/5353587/anderson-v-coughlin/

Last updated July 24, 2022, 3:16 a.m.

ECF Number Description Date Link Date / Link
4

COMPLAINT filed; TRANSFERRED FROM SD/NY. (cbm) (Entered: 06/27/1991)

Feb. 17, 1987

Feb. 17, 1987

11

MOTION by Ronald Anderson, Armando Dieppa, Diane Gibson to Certify Class . (cbm) (Entered: 06/27/1991)

Feb. 17, 1987

Feb. 17, 1987

16

ANSWER to Complaint by Thomas A. Coughlin, Charles Scully, Robert J. Henderson, Steven E. Katz, Joel A. Dvoskin (Attorney David B. Roberts), (cbm) (Entered: 06/27/1991)

Feb. 17, 1987

Feb. 17, 1987

17

MEMORANDUM and Proposed Order by Thomas A. Coughlin, Charles Scully, Robert J. Henderson, Steven E. Katz, Joel A. Dvoskin in opposition to [11-1] motion to Certify Class (cbm) (Entered: 06/27/1991)

Feb. 17, 1987

Feb. 17, 1987

19

Reply Affidavit (dd 2/26/87); w/ exhibits A-C in response to [11-1] motion to Certify Class (cbm) (Entered: 06/27/1991)

March 2, 1987

March 2, 1987

21

Report-Recommendation of Mag Conan dd 5/15/87; Copies sent to parties via certified mail (cbm) (Entered: 06/27/1991)

May 29, 1987

May 29, 1987

35

MEMORANDUM-DECISION & ORDER granting [11-1] motion to Certify Class ( signed by Chief Judge Neal P. McCurn ) (cbm) (Entered: 07/08/1991)

March 1, 1988

March 1, 1988

37

Stipulation/Protective Order on behalf of Thomas A. Coughlin, Charles Scully, Robert J. Henderson, Steven E. Katz, Joel A. Dvoskin, (signed by Magistrate Judge Gustave J. DiBianco ) (cbm) (Entered: 06/27/1991)

July 26, 1988

July 26, 1988

MINUTE ENTRY; 2/26/90 Pre-trial Conference; (Mag DiBianco presiding] Appearances: PLS by Stephen Latmier for pltfs, Robert Abrams by AAG David Roberts for defts; Preliminary injunction hearing. Pltf Witness Albury; Witness for defts: Dr Edward Chung. (cbm) (Entered: 06/27/1991)

Feb. 26, 1990

Feb. 26, 1990

MINUTE ENTRY; Pre-trial Conference continued from 2/27/90 presiding] Appearances: same. Witnesses for defts: Warren William Skoy, Dr Edward Chung. Mr Latimer for pltfs moves for TRO to prevent Anthony Perry from being placed in Special Housing Unit. R-R to be issued. Counsel advised of option to consent to proceed before the magistrate. Defts to file brief by 3/6/90 (cbm) (Entered: 06/27/1991)

Feb. 27, 1990

Feb. 27, 1990

40

REPORT AND RECOMMENDATIONS of Magistrate Judge Gustave J. DiBianco Re: ; Motion(s) no longer referred (cbm) (Entered: 06/27/1991)

March 13, 1990

March 13, 1990

53

ORDER,approving R-R & denying pltfs' motion for Preliminary Injunction , and for Temporary Restraining Order ( signed by Chief Judge Neal P. McCurn ) (cbm) (Entered: 06/27/1991)

June 11, 1990

June 11, 1990

56

ORDER, granting pltfs' motion to Compel discovery subject to the submission & signing of an appropriate protective order which pltfs shall submit to this court for review. ( signed by Magistrate Judge Gustave J. DiBianco ) (cbm) (Entered: 06/27/1991)

Oct. 10, 1990

Oct. 10, 1990

57

ORDER ( signed by Magistrate Judge Gustave J. DiBianco ) re: inspection and copying of discovery materials by counsel for pltfs, w/certain conditions, etc. (cbm) (Entered: 06/27/1991)

Nov. 14, 1990

Nov. 14, 1990

58

Stipulation & Protective Order ( signed by Magistrate Judge Gustave J. DiBianco ) re: discovery. (cbm) (Entered: 06/27/1991)

Jan. 18, 1991

Jan. 18, 1991

60

Supplemental RESPONSE by Thomas A. Coughlin, Charles Scully, Robert J. Henderson, Steven E. Katz, Joel A. Dvoskin to Discovery : pltfs' 2nd request for production of documents. (cbm) (Entered: 06/27/1991)

June 12, 1991

June 12, 1991

CASE NO LONGER REFERRED TO Magistrate Judge Gustave J. DiBianco (cbm) (Entered: 07/08/1991)

June 28, 1991

June 28, 1991

CASE REFERRED to Magistrate Judge Daniel Scanlon Jr. (cbm) (Entered: 07/08/1991)

June 28, 1991

June 28, 1991

62

Pltfs' memo of law on consolidation with Perri v. Coughlin, 90-CV-1160. (cbm) (Entered: 08/07/1991)

Aug. 6, 1991

Aug. 6, 1991

63

Defts' memo of law respecting consolidation of this action with 90-CV- 1160 and 84-CV-1035. (cbm) (Entered: 08/08/1991)

Aug. 7, 1991

Aug. 7, 1991

64

ORDER, to Consolidate Cases 90-CV-1160, 87-CV-141 and 84-CV- 1035 for trial; set Motion Filing deadline to 9/25/91 , set Discovery deadline to 1/15/92 , set Bench Trial for 1/15/92 ( signed by Magistrate Judge Daniel Scanlon Jr. ) [served] (cbm) (Entered: 09/18/1991)

Sept. 13, 1991

Sept. 13, 1991

Consolidated Member Case . Lead Case Number: 6cv84 1035 (cbm) (Entered: 10/18/1991)

Sept. 13, 1991

Sept. 13, 1991

65

MOTION by Ronald Anderson for Summary Judgment , Hearing set for 10/16/91 at 11:30 , Response Deadline 10/2/91 , Reply to Response Deadline 10/9/91 (cbm) (Entered: 09/25/1991)

Sept. 24, 1991

Sept. 24, 1991

66

MEMORANDUM by Ronald Anderson in support of [65-1] motion for Summary Judgment (cbm) (Entered: 09/25/1991)

Sept. 24, 1991

Sept. 24, 1991

67

Response to pltfs' motion for partial summary judgment and CROSS MOTION by Thomas A. Coughlin, Charles Scully, Robert J. Henderson, Steven E. Katz, Joel A. Dvoskin for partial Summary Judgment dismissing this action insofar as it purports to state a claim for alleged deprivation of due procees rights under the Tier III disciplinary process utilized by DOCS , Hearing set for 10/16/91 at 11:30 , Response Deadline 10/9/91 (cbm) (Entered: 10/08/1991)

Oct. 2, 1991

Oct. 2, 1991

68

MEMORANDUM by Thomas A. Coughlin, Charles Scully, Robert J. Henderson, Steven E. Katz, Joel A. Dvoskin in opposition to [65-1] motion for Summary Judgment and in support of defts' cross-motion for partial summary judgment. (cbm) (Entered: 10/08/1991)

Oct. 2, 1991

Oct. 2, 1991

69

AFFIDAVIT of Sarah Betsy Fuller of PLS Re: incidents at Auburn CF relevant to this litigation, dd 10/10/91. (cbm) (Entered: 10/17/1991)

Oct. 11, 1991

Oct. 11, 1991

70

MEMORANDUM by Ronald Anderson, Armando Dieppa, Diane Gibson in opposition to [67-1] cross motion for partial Summary Judgment dismissing this action insofar as it purports to state a claim for alleged deprivation of due procees rights under the Tier III disciplinary process utilized by DOCS (cbm) (Entered: 10/18/1991)

Oct. 15, 1991

Oct. 15, 1991

Pre-trial conference held (cbm) (Entered: 11/12/1991)

Oct. 16, 1991

Oct. 16, 1991

72

Letter from pltf Perri to Judge McCurn dd 10/10/91 w/copies of rcts for cert. mail, etc. (original filed in 84-CV-1035) (cbm) Modified on 10/25/1991 (Entered: 10/25/1991)

Oct. 21, 1991

Oct. 21, 1991

73

Letter from pltf Perri to Judge McCurn dd 10/14/91 w/copies of rcts for cert. mail, etc. (original filed in 84-CV-1035) (cbm) Modified on 10/25/1991 (Entered: 10/25/1991)

Oct. 21, 1991

Oct. 21, 1991

74

RESPONSE in opposition by Joel A. Dvoskin to pltfs' [65-1] motion for Summary Judgment and in support of defts' cross-motion for summary judgment. (cbm) (Entered: 11/05/1991)

Nov. 1, 1991

Nov. 1, 1991

75

MEMORANDUM by Thomas A. Coughlin, Charles Scully, Robert J. Henderson, Steven E. Katz, Joel A. in reply to pltfs' [70-1] opposition memorandum, submitted in accordance w/court's directive of 10/16/91. (cbm) (Entered: 11/05/1991)

Nov. 1, 1991

Nov. 1, 1991

76

3rd REQUEST for Production of Documents by Ronald Anderson, Armando Dieppa, Diane Gibson (cbm) (Entered: 11/05/1991)

Nov. 1, 1991

Nov. 1, 1991

77

TRANSCRIPT filed for 10/10/89 EBT of Joel A. Dvoskin. (cbm) (Entered: 11/05/1991)

Nov. 1, 1991

Nov. 1, 1991

78

TRANSCRIPT filed for 12/5/89 EBT of Donald Selsky. (cbm) (Entered: 11/05/1991)

Nov. 1, 1991

Nov. 1, 1991

79

TRANSCRIPT filed for 11/2/89 EBT of S. Thomas Dodson. (cbm) (Entered: 11/05/1991)

Nov. 1, 1991

Nov. 1, 1991

80

TRANSCRIPT filed for 12/19/89 EBT of non-party witness Warren W. Skov, held at Green Haven CF. (cbm) (Entered: 11/05/1991)

Nov. 1, 1991

Nov. 1, 1991

81

Second Set of INTERROGATORIES propounded by Ronald Anderson to Thomas A. Coughlin, Charles Scully, Robert J. Henderson, Steven E. Katz, Joel A. Dvoskin, Armando Dieppa, Diane Gibson (fce) (Entered: 11/05/1991)

Nov. 4, 1991

Nov. 4, 1991

82

ORDER, set Witness List deadline to 11/15/91 , for pltfs to provide witness list to defts; that time for motions has expired; set Discovery deadline to 1/15/92 , set Bench Trial for 2/16/92 ; w/directions to clerk, etc. ( signed by Magistrate Judge Daniel Scanlon Jr. ) (cbm) (Entered: 11/12/1991)

Nov. 6, 1991

Nov. 6, 1991

83

AFFIDAVIT of Sarah Betsy Fuller Re: [74-1] motion response (cbm) (Entered: 11/18/1991)

Nov. 12, 1991

Nov. 12, 1991

84

Pltfs' rebuttal MEMORANDUM to [75-1] defts' sur-reply brief. (cbm) (Entered: 11/18/1991)

Nov. 13, 1991

Nov. 13, 1991

85

ORDER, reset Discovery deadline to 4/1/92 , reset Bench Trial for 5/1/92 ( signed by Magistrate Judge Daniel Scanlon Jr. ) (cbm) (Entered: 12/05/1991)

Dec. 3, 1991

Dec. 3, 1991

86

Letter from AAG Roberts to Judge Scanlon dd 11/29/91 re: extension of discovery deadline, on consent, to 4/1/92, etc. (cbm) (Entered: 12/05/1991)

Dec. 3, 1991

Dec. 3, 1991

88

Copy of letter from pltf to Judge McCurn dd 2/16/92 re: deposition/ (fce) (Entered: 03/04/1992)

Feb. 24, 1992

Feb. 24, 1992

87

4th REQUEST for Production of Documents by Ronald Anderson, Armando Dieppa, Diane Gibson (cbm) (Entered: 02/28/1992)

Feb. 27, 1992

Feb. 27, 1992

89

SIXTH REQUEST for Production of Documents by Ronald Anderson, Armando Dieppa, Diane Gibson (fce) (Entered: 04/13/1992)

April 9, 1992

April 9, 1992

90

Letter to Judge McCurn from Pltf. mailed 4/17/92 re: conditions in prison. (fce) (Entered: 04/22/1992)

April 21, 1992

April 21, 1992

91

Pltf's letter to Judge McCurn and Magistrate Judge Scanlon dd 7/1/92 re: trial date. (cbm) (Entered: 07/14/1992)

July 9, 1992

July 9, 1992

92

Letter from pltf Perri to clerk's office dd 7/28/92 w/copy of letter from pltf Perri to Judge McCurn & Magistrate Judge Scanlon dd 8/1/92 attached. (cbm) (Entered: 08/03/1992)

Aug. 3, 1992

Aug. 3, 1992

93

Copy of letter from AAG Roberts to Judge Scanlon dd 11/17/92 in regard to Mr. Latimer's 11/2/92 correspondence. (cbm) (Entered: 11/23/1992)

Nov. 19, 1992

Nov. 19, 1992

Motion(s) referred: [67-1] cross motion for partial Summary Judgment , [65-1] motion for Summary Judgment referred to Magistrate Judge Daniel Scanlon Jr. (cbm) (Entered: 12/09/1994)

Dec. 9, 1994

Dec. 9, 1994

94

Sixth REQUEST for Production of Documents by Diane Gibson, Armando Dieppa, Ronald Anderson (fce) (Entered: 12/13/1996)

Dec. 13, 1996

Dec. 13, 1996

Motion(s) no longer referred: [65-1] motion for Summary Judgment, [67- 1] cross motion for partial Summary Judgment dismissing this action insofar as it purports to state a claim for alleged deprivation of due procees rights under the Tier III disciplinary process utilized by DOCS (cbm) (Entered: 03/02/1998)

March 2, 1998

March 2, 1998

CASE NO LONGER REFERRED TO Magistrate Judge Daniel Scanlon Jr.; Order on consent was filed 6/10/94 (consolidation of cases was 9/13/91) (cbm) (Entered: 03/02/1998)

March 2, 1998

March 2, 1998

CASE reassigned to Magistrate Judge Daniel Scanlon Jr. (Order on consent filed in lead case on 6/10/94) (cbm) (Entered: 03/02/1998)

March 2, 1998

March 2, 1998

95

REPORT AND RECOMMENDATIONS of Magistrate Judge Daniel Scanlon Jr. Service Date: 7/1/98 Re: [67-1] cross motion for partial Summary Judgment dismissing this action insofar as it purports to state a claim for alleged deprivation of due procees rights under the Tier III disciplinary process utilized by DOCS, [65-1] motion for Summary Judgment RECOMMENDED, Pltfs' motion for partial summary judgment [#65] be DENIED & Defts' cross motion for partial summary judgment [#67] be DENIED. (Objection to R and R due by 7/21/98 for Thomas A. Coughlin, for Ronald Anderson, for Charles Scully, for Robert J. Henderson, for Steven E. Katz, for Joel A. Dvoskin, for Armando Dieppa, for Diane Gibson); Motion(s) no longer referred (lmp) (Entered: 07/06/1998)

July 6, 1998

July 6, 1998

96

ORDER, to Amend [64-1] order to Consolidate Cases , w/84-CV-1035 as lead case, rescinding same; cases are no longer consolidated; trial in this case to be scheduled at a later date. (signed by Senior Judge Neal P. McCurn on 7/14/98) (lmp) (Entered: 07/15/1998)

July 15, 1998

July 15, 1998

97

ORDER, to Amend 6/23/98 Report-Recommendation [95-1] to set forth correct title as Anderdson, et v. Coughlin, et al., 87CV141 ; further amending same to give parties 45 days to lodge written objections to same. (signed by Senior Judge Neal P. McCurn on 7/14/98) (lmp) Modified on 07/16/1998 (Entered: 07/15/1998)

July 15, 1998

July 15, 1998

CASE reassigned to Senior Judge Neal P. McCurn (lmp) (Entered: 07/15/1998)

July 15, 1998

July 15, 1998

Deadline updated; Objections reset to 8/14/98 for [95-1] report and recommendations (lmp) (Entered: 07/16/1998)

July 16, 1998

July 16, 1998

98

ORDER adopting 6/23/98 Report-Recommendation; denying [67-1] cross motion for partial Summary Judgment dismissing this action insofar as it purports to state a claim for alleged deprivation of due procees rights under the Tier III disciplinary process utilized by DOCS, denying [65-1] motion for Summary Judgment (signed by Senior Judge Neal P. McCurn on 1/5/99) (lmp) (Entered: 01/06/1999)

Jan. 6, 1999

Jan. 6, 1999

99

LETTER ORDER requesting AAG Roberts to contact Pltfs. attys. & arrange for status conf.; please check w/secretary Judy West, concerning date & time for same. (signed by Senior Judge Neal P. McCurn on 7/28/99) (lmp) (Entered: 07/28/1999)

July 28, 1999

July 28, 1999

100

Minute entry: Tel. Conf. re issues remaining, further discovery necessary & proposed schedule - after discussion court directs Pltf's atty. to send letter within 20 days as to what trial issues are, what discovery is needed & how much time needed to accomplish same; set Status Report deadline to 9/2/99 ; Defts. to respond to same within 20 days of receipt & court will then issue ruling or set further tel. conf. at which trial date will be set. APP: Thomas Terrizzi, Sarah Betsy Fuller & Sarah Kess for Pltfs.; David Roberts, Thomas Goetz & Steve Stark-Riemer for Defts.; Court Reporter/ECRO: None (lmp) (Entered: 08/18/1999)

Aug. 13, 1999

Aug. 13, 1999

101

STATUS REPORT by Thomas Terrizzi, Esq., for Pltfs. Diane Gibson, Armando Dieppa, Ronald Anderson, identifying issues & description of what Pltfs. need to prepare for trial & timetable therefor. (lmp) (Entered: 09/08/1999)

Sept. 8, 1999

Sept. 8, 1999

102

STATUS REPORT/Letter from AAG Roberts dtd 9/20/99 for Defts. Joel A. Dvoskin, Steven E. Katz, Robert J. Henderson, Charles Scully, Thomas A. Coughlin in response to Pltfs' atty's 9/2/99 letter. (lmp) (Entered: 09/21/1999)

Sept. 21, 1999

Sept. 21, 1999

103

LETTER ORDER, set Pretrial Conference for 2:00 pm on 9/30/99 in Syracuse, NY. (signed by Senior Judge Neal P. McCurn on 9/23/99) [sent via FAX] (lmp) (Entered: 09/24/1999)

Sept. 24, 1999

Sept. 24, 1999

Pre-trial conference held (lmp) (Entered: 09/30/1999)

Sept. 30, 1999

Sept. 30, 1999

104

Minute entry: Tel. Conf. re discovery schedule - court reviewed discovery requests as set forth in 9/2 & 9/22 letters & set limits & parameters on forthcoming discovery to be set forth in pretrial discovery order to be issued by court. APP: Thomas Terrizzi & Sarah Betsy Fuller for Pltfs.; David Roberts, Thomas Goetz, Sr. & Steve Stark-Riemer for Defts.; Court Reporter/ECRO: None (lmp) (Entered: 10/04/1999)

Sept. 30, 1999

Sept. 30, 1999

105

Scheduling Order Issued. 1) Pltfs. shall file 1st Discovery Request designed to identify current class members by 10/15/99 & Defts. shall comply by 11/15/99; 2) upon receipt of Defts' response, Pltfs. may make 2nd Document Request for DOCS & OMH records for selected class members, etc., by 2/1/00 & Defts. shall comply by 2/1/00; 3) upon receipt of Defts. compliance, Pltf. shall have until 4/15/00 to review same & prepare them for review by expert; 4) Pltfs' expert shall have until 6/1/00 records & prepare to interview selected inmages; 5) interviews shall be accomplished by 7/1/00; 6) Pltf's expert report shall be filed & served by 9/1/00; 7) If Defts. intent to utilize an expert, Defts. shall identify same & file report by 12/1/00; 8) upon receipt of Pltfs' expert report, Pltfs. will have until 12/1/00 to conduct depositions of named Defts. or successors, etc.; 9) depositions of Pltfs' & Defts' experts to be completed by 2/1/01; Discovery Deadline 3/1/01 & there will be no extensions beyond that date; Motion Filing Deadline 4/15/01; court will issue pretrial order requiring submission before trial & trial date will be selected in 6/2001. (Signed by Senior Judge Neal P. McCurn on 10/1/99) (lmp) (Entered: 10/04/1999)

Oct. 4, 1999

Oct. 4, 1999

106

First Discovery REQUEST by Diane Gibson, Armando Dieppa, Ronald Anderson (lmp) (Entered: 10/15/1999)

Oct. 15, 1999

Oct. 15, 1999

107

PLAINTIFFS' SECOND DISCOVERY REQUEST for Production of Documents by Betsy Sterling, Esq. on behalf of Diane Gibson, Armando Dieppa, Ronald Anderson (ljr) (Entered: 01/25/2000)

Jan. 25, 2000

Jan. 25, 2000

108

NOTICE of attorney appearance for Diane Gibson, Armando Dieppa, Ronald Anderson by Sarah Kerr (fce) (Entered: 08/14/2000)

Aug. 4, 2000

Aug. 4, 2000

109

NOTICE of Transfer of Inmate Litigation to Syracuse Divisional Office effective 9/5/00. (fce) (Entered: 08/29/2000)

Aug. 29, 2000

Aug. 29, 2000

110

NOTICE of attorney appearance as co-counsel for Diane Gibson, Armando Dieppa, Ronald Anderson by Betsy C. Sterling. (fce) Modified on 09/07/2000 (Entered: 09/07/2000)

Sept. 7, 2000

Sept. 7, 2000

State Court records returned to Office of the Attorney General. (kmg) (Entered: 12/20/2000)

Dec. 20, 2000

Dec. 20, 2000

111

JOINT STATUS REPORT and Request for status conference to address the scheduling order by Ronald Anderson, Thomas A. Coughlin, w/copy of scheduling order filed 10/4/99. (tjm) (Entered: 03/06/2001)

March 6, 2001

March 6, 2001

112

Minute entry: Telephone Status conference before Judge McCurn. Appearances: Betsy Sterling, Esq., Prisoner Legal Services, for Pltf.; David Robers, AAG, for Defts. Court grants counsels' joint request to extend cut-off dates previously ordered on 10/1/99. Pltf's atty to submit agreed upon order. Conference length: 30 min. Court Reporter/ECRO: None (tjm) (Entered: 03/12/2001)

March 9, 2001

March 9, 2001

Tele-conference held (tjm) (Entered: 03/19/2001)

March 15, 2001

March 15, 2001

113

Minute entry: Telephone Conference with Judge McCurn - Appearances: Betsy Sterling, Esq. and Tom Terrizzi, Esq., for Plaintiff; David Roberts, AAG for Defts. Mr. Roberts requests extension of time on behalf of defendants in order to make random selection of inmates and for production of documents, as per para. 2 of Order dtd 10/1/99. Court grants 60 day extension. Plaintiffs are to include same in their proposed order to be submitted to the Court. Court Reporter/ECRO: None (tjm) (Entered: 03/19/2001)

March 19, 2001

March 19, 2001

114

Letter by Betsy Sterling of Prisoners' Legal Services to Judge McCurn dtd 4/11/01 reflecting a revised scheduling order issued by the Court at a telephone conference on 3/8/01, that discovery deadline is 8/1/02 and motion deadline is 10/1/02. (tjm) (Entered: 04/16/2001)

April 12, 2001

April 12, 2001

115

MOTION by Diane Gibson, Armando Dieppa, Ronald Anderson for Sanctions , for failure to comply with the Court's scheduling orders and prohibiting defts from introducing designated matters into evidence, and ordering defts. to pay attorney's fees and costs; w/affirmation by Betsy Sterling, Esq. and exhibits A thru C; Motion returnable before Judge/Mag. Judge: McCurn (tjm) Modified on 06/20/2001 (Entered: 06/20/2001)

June 18, 2001

June 18, 2001

116

CERTIFICATE OF SERVICE by Diane Gibson, Armando Dieppa, Ronald Anderson of motion for sanctions and supporting affirmation, served upon AAG David Roberts by mail on 6/15/01. (tjm) Modified on 06/20/2001 (Entered: 06/20/2001)

June 18, 2001

June 18, 2001

117

ORDER Letter to all counsel dtd 6/19/01 directing plaintiffs to file a memorandum of law in support of their [116-1] Motion for sanctions within 10 days from date of letter. Defts' opposition papers to be filed 14 days after receipt of pltfs' memorandum of law. Court will then determine if oral argument will be held and advise of time and place. ( signed by Senior Judge Neal P. McCurn ) Date Entered: 6/19/01 (tjm) Modified on 06/20/2001 (Entered: 06/20/2001)

June 19, 2001

June 19, 2001

119

NOTICE from Judge McCurn to all counsel granting extension of time to meet deadlines. Plaintiff's memorandum of law in support of its motion is due 7/23/01. Defendants' opposition papers will be due 14 days after receipt of plaintiff's said memorandum of law (8/6/01). (nas) (Entered: 06/28/2001)

June 26, 2001

June 26, 2001

Deadline updated to 7/23/01 for plaintiff's memorandum of law in support of motion for sanctions and defendants' opposition papers are due 14 days after receipt of said memorandum of law (by 8/6/01) per docket no. 119. (nas) (Entered: 06/28/2001)

June 28, 2001

June 28, 2001

120

REQUEST by AAG David Roberts dtd 7/10/01 on behalf of both parties to adjourn date for plaintiffs' brief in support of its pending motion for sanctions until 8/8/01 to work out out a resolution of the underlying discovery problem, and ORDER granting same. (signed by Senior Judge Neal P. McCurn (tjm) (Entered: 07/12/2001)

July 11, 2001

July 11, 2001

121

ORDER/STIPULATION to Withdraw [115-1] motion for Sanctions ( signed by Senior Judge Neal P. McCurn ) Date Entered: 8/7/01 (nas) (Entered: 08/09/2001)

Aug. 7, 2001

Aug. 7, 2001

122

NOTICE from Attorney Sarah Betsy Fuller informing the Court that she is no longer w/Syracuse University, she is now w/the Prisoner's Legal Services of NY. (nas) (Entered: 08/15/2001)

Aug. 15, 2001

Aug. 15, 2001

123

LETTER ORDER directing attys. to advise as to trial status. (signed by Senior Judge Neal P. McCurn on 10/18/01) (lmp) (Entered: 10/19/2001)

Oct. 19, 2001

Oct. 19, 2001

124

STATUS REPORT by Betsy Sterling, Esq. on behalf of plaintiffs Diane Gibson, Armando Dieppa, Ronald Anderson, advising that discovery is ongoing. (tjm) (Entered: 12/06/2001)

Nov. 1, 2001

Nov. 1, 2001

125

Letter by David Roberts to Judge McCurn on behalf of the parties in this case dtd 4/19/02, requesting a status conference to set a new schedule for the case. (tjm) (Entered: 05/06/2002)

May 2, 2002

May 2, 2002

126

Scheduling Notice by Judge McCurn:, set Status Conference for 11:00 6/12/02 in Syracuse. (tjm) (Entered: 05/06/2002)

May 2, 2002

May 2, 2002

127

NOTICE from David B. Roberts, AAG, on behalf of Steven E. Katz, Robert J. Henderson, Charles Scully, Thomas A. Coughlin (dd 6/3/02) calling to the Court's attention that plaintiff's counsel has initiated another action in the S.D. of NY, enclosing a copy of the complaint, stating that this action and the one filed in S.D.N.Y. raises substantially the same issues. (nas) (Entered: 06/05/2002)

June 5, 2002

June 5, 2002

Pre-trial conference held (tjm) (Entered: 06/14/2002)

June 13, 2002

June 13, 2002

128

Minute entry: Pretrial conference before Judge McCurn in Syracuse. Appearances: S. Betsy Fuller and Sarah Kerr, Esqs., for Plaintiffs; AAG David Roberts, Esq., and Steve Stark-Riemer, Esq., Associate Attorney for Office of Mental Health, for Defendants. Court meets w/counsel re: their 4/19/02 joint letter request for a conference to discuss amendment of the pretrial schedule and lawsuit filed in the Southern District. On consent of counsel, court will bifurcate the trial. If due process claim is not settled on or before August 9, 2002 then, set Bench Trial for 11:00 11/4/02 , one week trial with a final pretrial conference on August 16, 2002 at 2:00 p.m. if needed. set Discovery deadline to 1/1/03 for the 8th amendment claim. Counsel to submit a joint letter to the court confirming the above. Court Reporter/ECRO: None (tjm) (Entered: 06/14/2002)

June 13, 2002

June 13, 2002

129

Letter submitted by David Roberts, AAG, on behalf of the defendants (dd 7/15/02) with an attached confirmation of the scheduling conference that was held on 6/12/02, also informing the Court that the submission is from defendants counsel only, that plaintiff's counsel declined to make a joint submission. (nas) (Entered: 07/17/2002)

July 17, 2002

July 17, 2002

130

Letter from the Attorney General's Office to the Court advising that the parties have been unsuccessful in reaching agreement as to the details of how the settlement will be implanted. (dd 8/9/02) (nas) (Entered: 08/23/2002)

Aug. 12, 2002

Aug. 12, 2002

131

Letter from Sarah Kerr advising the Court of the follow-up to the 8/9/02 letter, attaching a proposed Stipulation (dd 8/26/02) (nas) (Entered: 08/29/2002)

Aug. 28, 2002

Aug. 28, 2002

132

NOTICE from the Attorney General's Office informing the court of the issues that remain outstanding between the parties prior to the Court settlement conference scheduled for 9/3/02. (dd 8/28/02) (nas) (Entered: 08/30/2002)

Aug. 30, 2002

Aug. 30, 2002

Case Details

State / Territory: New York

Case Type(s):

Prison Conditions

Key Dates

Filing Date: Dec. 17, 1987

Closing Date: 2005

Case Ongoing: No

Plaintiffs

Plaintiff Description:

mentally ill prisoners at the Green Haven and Auburn State Correctional Facilities in New York

Attorney Organizations:

Prisoners' Legal Services of New York (PLSNY)

Public Interest Lawyer: Yes

Filed Pro Se: Unknown

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

New York Department of Corrections (Auburn), State

Case Details

Causes of Action:

42 U.S.C. § 1983

Constitutional Clause(s):

Cruel and Unusual Punishment

Due Process

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

Order Duration: 2003 - 2005

Issues

General:

Disciplinary procedures

Medical/Mental Health:

Mental health care, general

Type of Facility:

Government-run