Case: Hughes v. Goord

6:97-cv-06431 | U.S. District Court for the Western District of New York

Filed Date: Sept. 29, 1997

Closed Date: 2000

Clearinghouse coding complete

Case Summary

On September 29, 1997, prisoners at various facilities within the New York State Department of Corrections filed a class action lawsuit under 42 U.S.C. § 1983 against Department officials. The plaintiffs, represented by Prisoners Legal Services of New York, brought the suit in the U.S. District Court for the Western District of New York, challenging the systemic deprivation of religious rights of Native American prisoners, in violation of the First and Fourteenth Amendments. They asked the co…

On September 29, 1997, prisoners at various facilities within the New York State Department of Corrections filed a class action lawsuit under 42 U.S.C. § 1983 against Department officials. The plaintiffs, represented by Prisoners Legal Services of New York, brought the suit in the U.S. District Court for the Western District of New York, challenging the systemic deprivation of religious rights of Native American prisoners, in violation of the First and Fourteenth Amendments. They asked the court for injunctive relief on behalf of all Native American prisoners in New York's correctional facilities who, because of the defendants' policies, were denied the opportunity to possess symbolic items necessary for religious practice; to engage in spiritual practices, including seasonal ceremonies and meetings for prayer or study; and to chant and dance, both in congregations and individually.

For approximately the following year and a half, the parties engaged in discovery. On March 24, 1999, and then July 9, 1999, the court (Judge Charles J. Siragusa) held settlement conferences. On that date, the parties entered into a Settlement Agreement, approved by the court the same day. The parties agreed to create a Native American chaplain position, to allow inmates to practice their religion through group meetings, to possess certain religious items, and to celebrate religious holidays with family members. The Agreement also provided for staff notification and training as to the Native Americans' rights, and for a two-year observation period to follow entry of the Agreement in order to ensure compliance.

On February 16, 2000, the parties filed a Joint Supplemental Response to the Plaintiffs' Report of Comments, dated December 14, 1999, reflecting their agreed-to interpretation of certain provisions of the Settlement Agreement. These provisions included the role of the chaplain, the burning of Indian tobacco after corrections facilities become smoke-free, and the guests able to be invited to religious ceremonies.

Subsequently, on September 8, 2000, the court (Judge Siragusa) entered a decision and order approving the dismissal of the action pursuant to the terms of the Settlement Agreement. The case was closed the same day.

Summary Authors

Laura Uberti (6/27/2006)

People


Judge(s)

Siragusa, Charles J. (New York)

Attorneys(s) for Plaintiff

Fuller, Sarah Betsy (New York)

Gerken, Joseph (New York)

Leven, David C. (New York)

Pagano, Maria E (New York)

Terrizzi, Thomas (New York)

Attorneys(s) for Defendant

Bove, Emil J. Jr. (New York)

Doyle, Mary H (New York)

Payson, Marian W. (New York)

Judge(s)

Siragusa, Charles J. (New York)

Attorneys(s) for Plaintiff

Fuller, Sarah Betsy (New York)

Gerken, Joseph (New York)

Leven, David C. (New York)

Pagano, Maria E (New York)

Terrizzi, Thomas (New York)

Attorneys(s) for Defendant

Bove, Emil J. Jr. (New York)

Doyle, Mary H (New York)

Payson, Marian W. (New York)

Documents in the Clearinghouse

Document

6:97-cv-06431

Docket (PACER)

Sept. 20, 2000

Sept. 20, 2000

Docket
1

6:97-cv-06431

Class Action Complaint

Sept. 26, 1997

Sept. 26, 1997

Complaint

6:97-cv-06431

Rule 41 Voluntary Stipulation of Dismissal Subject to Conditions

July 9, 1999

July 9, 1999

Settlement Agreement
28

6:97-cv-06431

Joint Supplemental Response

Feb. 16, 2000

Feb. 16, 2000

Pleading / Motion / Brief
33

6:97-cv-06431

Decision and Order

Sept. 5, 2000

Sept. 5, 2000

Order/Opinion

Resources

Docket

Last updated Aug. 14, 2022, 3 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT filed; FILING FEE $ 150.00 RECEIPT # 57079 (CM) (Entered: 10/01/1997)

Sept. 29, 1997

Sept. 29, 1997

SUMMONS(ES) issued for Glenn . Goord, Raymond Broadus, Jimmie Harris, Joseph McCoy, Sally . Johnson, Melvin Hollins, Walter Kelly, David L. Miller (CM) (Entered: 10/01/1997)

Sept. 29, 1997

Sept. 29, 1997

2

STIPULATION and ORDER amending paragraphs 10 and 70 in the complaint. Defendants' answer to the complaint may be filed within 20 days of the completion of service of process on all of the defendants. signed by USDJ Michael A. Telesca . Notice and copy of order sent to Mary H. Doyle, Joseph Gerken, David C. Leven, Sarah Betsy Fuller . (CM) (Entered: 11/17/1997)

Nov. 14, 1997

Nov. 14, 1997

3

NOTICE by Kirk Hughes, Dennis . Chrysler, Steve Jocko, Wendell Gloskey, Charles Webster, Scott Mt. Pleasant to take deposition of Edward Dann, et al (CM) (Entered: 11/18/1997)

Nov. 14, 1997

Nov. 14, 1997

4

ORDER transferring the case to Judge Siragusa. ( signed by USDJ Michael A. Telesca ) Notice and copy of order sent to Mary H. Doyle, Joseph Gerken, David C. Leven, Sarah Betsy Fuller (CM) (Entered: 12/18/1997)

Dec. 17, 1997

Dec. 17, 1997

CASE reassigned to USDJ Charles J. Siragusa (CM) (Entered: 12/18/1997)

Dec. 17, 1997

Dec. 17, 1997

5

STIPULATION and ORDER, set Answer deadline to 3/18/98 for David L. Miller, for Walter Kelly, for Melvin Hollins, for Sally . Johnson, for Joseph McCoy, for Jimmie Harris, for Raymond Broadus, for Glenn . Goord. Defendants to respond to plaintiffs' first interrogatories and request for documents by 4/1/98. signed by USDJ Charles J. Siragusa . Notice and copy of order sent to Mary H. Doyle, Joseph Gerken, David C. Leven, Sarah Betsy Fuller . (CM) (Entered: 01/30/1998)

Jan. 29, 1998

Jan. 29, 1998

6

ORDER, set Status Report deadline to 10/16/98 ( signed by USDJ Charles J. Siragusa ) Notice and copy of order sent to Mary H. Doyle, Joseph Gerken, David C. Leven, Sarah Betsy Fuller (CM) (Entered: 09/10/1998)

Sept. 10, 1998

Sept. 10, 1998

7

NOTICE of attorney appearance for Kirk Hughes, Dennis . Chrysler, Steve Jocko, Wendell Gloskey, Charles Webster, Scott Mt. Pleasant, Glenn . Goord by Tom Terrizzi (CM) (Entered: 09/18/1998)

Sept. 14, 1998

Sept. 14, 1998

8

LETTER ORDER submitted by Tom Terrizzi, Esq., dated 9/11/98, granting request to proceed without local counsel. ( signed by USDJ Charles J. Siragusa ) Notice and copy of order sent to Mary H. Doyle, Tom Terrizzi, David C. Leven (CM) (Entered: 09/18/1998)

Sept. 18, 1998

Sept. 18, 1998

9

STIPULATION and ORDER extending time for defendants to respond to the complaint, interrogatories and request for documents for 30 days. signed by USDJ Charles J. Siragusa Notice and copy of order sent to Emil J. Bove, Mary H. Doyle, Tom Terrizzi, David C. Leven . (CM) (Entered: 09/24/1998)

Sept. 24, 1998

Sept. 24, 1998

10

NOTICE of attorney appearance for Kirk Hughes, Dennis . Chrysler, Steve Jocko, Wendell Gloskey, Charles Webster, Scott Mt. Pleasant by Sarah Betsy Fuller. (CM) (Entered: 10/02/1998)

Oct. 1, 1998

Oct. 1, 1998

11

JOINT STATUS REPORT (CM) (Entered: 10/22/1998)

Oct. 22, 1998

Oct. 22, 1998

Deadline updated; set Scheduling Conference for 11:00 11/23/98 before CJS pursuant to notice. (CM) (Entered: 10/23/1998)

Oct. 22, 1998

Oct. 22, 1998

12

ANSWER to Complaint by Glenn . Goord, Raymond Broadus, Jimmie Harris, Joseph McCoy, Sally . Johnson, Melvin Hollins, Walter Kelly, David L. Miller; jury demand (CM) (Entered: 11/23/1998)

Nov. 23, 1998

Nov. 23, 1998

Status conference held. Parties working on settlement. If not settled, a scheduling conference will be heldon 3/3/99 @ 4 p.m. (CJS) (CM) (Entered: 11/30/1998)

Nov. 23, 1998

Nov. 23, 1998

Deadline updated; reset Scheduling Order Deadlines: Settlement Conference for 10:30 3/24/99 Pursuant to notice(CJS) (TO) (Entered: 02/25/1999)

Feb. 25, 1999

Feb. 25, 1999

13

ORDER, to Extend Time pending further scheduling conferences , and set Status Conference for 10:30 on 3/24/99 ( signed by USDJ Charles J. Siragusa ) Notice and copy of order sent to Emil J. Bove, Mary H. Doyle, Tom Terrizzi, Sarah Betsy Fuller, David C. Leven (TO) (Entered: 03/11/1999)

March 11, 1999

March 11, 1999

Minute entry:, Settlement Conference held, but still outstanding issues reset Settlement Conference for 5/12/99 , and reset submit Status Report deadline to 5/10/99 (CJS) (TO) Modified on 03/29/1999 (Entered: 03/29/1999)

March 24, 1999

March 24, 1999

Settlement conference held (CJS) (TO) (Entered: 03/29/1999)

March 24, 1999

March 24, 1999

14

TRANSCRIPT of proceedings before USDJ Siragusa (pages 1-25) (TO) (Entered: 03/30/1999)

March 29, 1999

March 29, 1999

Minute entry: Settlement Conference held reset Settlement Conference for 9:00 7/9/99 (CJS) (TO) (Entered: 05/18/1999)

May 12, 1999

May 12, 1999

15

TRANSCRIPT of proceedings before USDJ Charles Siragusa (pages 1- 57, 5/12/99) (TO) (Entered: 06/01/1999)

June 1, 1999

June 1, 1999

Settlement conference held; agreement executed (CJS) (TO) (Entered: 07/14/1999)

July 9, 1999

July 9, 1999

17

LETTER regarding: protecting against the Voluntary stipulation of Dismissal of this case (TO) (Entered: 08/17/1999)

Aug. 17, 1999

Aug. 17, 1999

18

MOTION by plaintiffs to Certify Class Court to set return date (JL) (Entered: 09/01/1999)

Sept. 1, 1999

Sept. 1, 1999

19

STIPULATION by plaintiffs re: class certification (JL) (Entered: 09/01/1999)

Sept. 1, 1999

Sept. 1, 1999

20

MOTION by Kirk Hughes regarding notice to the class Court to set return date (JL) (Entered: 09/01/1999)

Sept. 1, 1999

Sept. 1, 1999

21

ORDER granting [18-1] motion to Certify Class ( signed by USDJ Charles J. Siragusa ) Notice and copy of order sent to Emil J. Bove, Mary H. Doyle, Tom Terrizzi, Sarah Betsy Fuller, David C. Leven (TO) (Entered: 09/20/1999)

Sept. 20, 1999

Sept. 20, 1999

22

STIPULATION and ORDER granting [20-1] motion regarding notice to the class signed by USDJ Charles J. Siragusa . Notice and copy of order sent to Emil J. Bove, Mary H. Doyle, Tom Terrizzi, Sarah Betsy Fuller, David C. Leven . (TO) (Entered: 09/20/1999)

Sept. 20, 1999

Sept. 20, 1999

23

OBJECTION by Kirk Hughes, Dennis . Chrysler, Steve Jocko, Wendell Gloskey, Charles Webster, Scott Mt. Pleasant to Rule 41 voluntary stipulation of dismissal ([0-0] settlement conference, agreement executed) (TO) (Entered: 11/01/1999)

Nov. 1, 1999

Nov. 1, 1999

24

Letter ORDER, granting plaintiff's request to modify the schedule and extend the period for submitting comments to 12/15/99 and def's time period from 15 days to 30 days which would be 1/14/00 ( signed by USDJ Charles J. Siragusa ) Notice and copy of order sent to Emil J. Bove, Mary H. Doyle, Tom Terrizzi, Sarah Betsy Fuller, David C. Leven (TO) (Entered: 11/24/1999)

Nov. 24, 1999

Nov. 24, 1999

25

Report of Comments by counsel for the plaintiffs (TO) (Entered: 12/15/1999)

Dec. 15, 1999

Dec. 15, 1999

26

LETTER regarding exhibit 6 which was omitted from the report of Comments; attached is exhibit 6 (TO) (Entered: 01/06/2000)

Jan. 6, 2000

Jan. 6, 2000

27

RESPONSE by Glenn . Goord, Raymond Broadus, Jimmie Harris, Joseph McCoy, Sally . Johnson, Melvin Hollins, Walter Kelly, David L. Miller to [25-1] remark (plaintitt's report of comments) (TO) (Entered: 01/18/2000)

Jan. 14, 2000

Jan. 14, 2000

29

RESPONSE by Glenn . Goord, Raymond Broadus, Jimmie Harris, Joseph McCoy, Sally . Johnson, Melvin Hollins, Walter Kelly, David L. Miller to [25-1] remark (report of comments) (TO) (Entered: 02/17/2000)

Feb. 17, 2000

Feb. 17, 2000

30

STIPULATION of dismissal (TO) (Entered: 04/19/2000)

April 19, 2000

April 19, 2000

31

NOTICE of withdrawl by Sarah Betsy Fuller attorney for Kirk Hughes, Dennis . Chrysler, Steve Jocko, Wendell Gloskey, Charles Webster, Scott Mt. Pleasant, plaintiff will continue to be represetned by Prisioners' legal services, Tom Terrizzi of counsel (TO) (Entered: 08/08/2000)

Aug. 8, 2000

Aug. 8, 2000

32

NOTICE of attorney appearance for Kirk Hughes, Dennis . Chrysler, Steve Jocko, Wendell Gloskey, Charles Webster, Scott Mt. Pleasant by Maria E. Pagano (TO) (Entered: 09/06/2000)

Sept. 5, 2000

Sept. 5, 2000

33

ORDER, that the court approves the settlement of this action to Dismiss action as settled upon the terms set forth in the stipulation of dismissal (#30) ( signed by USDJ Charles J. Siragusa ) Notice and copy of order sent to Emil J. Bove, Mary H. Doyle, Maria E. Pagano (TO) (Entered: 09/08/2000)

Sept. 8, 2000

Sept. 8, 2000

Case closed (TO) (Entered: 09/08/2000)

Sept. 8, 2000

Sept. 8, 2000

Case Details

State / Territory: New York

Case Type(s):

Prison Conditions

Special Collection(s):

Post-PLRA Jail and Prison Private Settlement Agreements

Multi-LexSum (in sample)

Key Dates

Filing Date: Sept. 29, 1997

Closing Date: 2000

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Native American inmates in the New York State Department of Corrections system who sought to practice their religion

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 Department of Corrections, State

Case Details

Causes of Action:

42 U.S.C. § 1983

Constitutional Clause(s):

Equal Protection

Free Exercise Clause

Availably Documents:

Trial Court Docket

Complaint (any)

Injunctive (or Injunctive-like) Relief

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Private Settlement Agreement

Order Duration: 1999 - 2000

Issues

General:

Religious programs / policies

Affected Gender:

Male

Type of Facility:

Government-run