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

Docket (PACER)

Sept. 20, 2000 Docket
1

Class Action Complaint

Sept. 26, 1997 Complaint

Rule 41 Voluntary Stipulation of Dismissal Subject to Conditions

July 9, 1999 Settlement Agreement
28

Joint Supplemental Response

Feb. 16, 2000 Pleading / Motion / Brief
33

Decision and Order

Sept. 5, 2000 Order/Opinion

Resources

Title Description External URL

Prisoners' Rights Lawyers' Strategies for Preserving the Role of the Courts

Margo Schlanger

This Article is part of the University of Miami Law Review’s Leading from Below Symposium. It canvasses prisoners’ lawyers’ strategies prompted by the 1996 Prison Litigation Reform Act (“PLRA”). The … Dec. 1, 2015 http://lawreview.law.miami.edu/prisoners-rights-lawyers-strategies-preserving-role-courts/

Docket

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

ECF Number Description Date Link
1

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

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
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
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
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

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

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
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
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
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
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
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
11

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

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
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

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

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
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

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

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

March 24, 1999
14

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

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
15

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

June 1, 1999

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

July 9, 1999
17

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

Aug. 17, 1999
18

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

Sept. 1, 1999
19

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

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
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
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
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
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
25

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

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
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
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
30

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

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
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
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

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

Sept. 8, 2000

State / Territory: New York

Case Type(s):

Prison Conditions

Special Collection(s):

Post-PLRA Jail and Prison Private Settlement Agreements

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