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

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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 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)

Attorney for Plaintiff

Fuller, Sarah Betsy (New York)

Gerken, Joseph (New York)

Leven, David C. (New York)

Attorney for Defendant

Bove, Emil J. Jr. (New York)

Doyle, Mary H (New York)

Judge(s)

Siragusa, Charles J. (New York)

Attorney 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)

Attorney for Defendant

Bove, Emil J. Jr. (New York)

Doyle, Mary H (New York)

Payson, Marian W. (New York)

Documents in the Clearinghouse

Documents in this case

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

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Docket

Last updated March 25, 2025, 8:15 a.m.

ECF Number	Date	Description	Link
1	Sept. 29, 1997	COMPLAINT filed; FILING FEE $ 150.00 RECEIPT # 57079 (CM) (Entered: 10/01/1997)	PACER
	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)	PACER
2	Nov. 14, 1997	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)	PACER
3	Nov. 14, 1997	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)	PACER
4	Dec. 17, 1997	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)	PACER
	Dec. 17, 1997	CASE reassigned to USDJ Charles J. Siragusa (CM) (Entered: 12/18/1997)	PACER
5	Jan. 29, 1998	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)	PACER
6	Sept. 10, 1998	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)	PACER
7	Sept. 14, 1998	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)	PACER
8	Sept. 18, 1998	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)	PACER
9	Sept. 24, 1998	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)	PACER
10	Oct. 1, 1998	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)	PACER
11	Oct. 22, 1998	JOINT STATUS REPORT (CM) (Entered: 10/22/1998)	PACER
	Oct. 22, 1998	Deadline updated; set Scheduling Conference for 11:00 11/23/98 before CJS pursuant to notice. (CM) (Entered: 10/23/1998)	PACER
12	Nov. 23, 1998	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)	PACER
	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)	PACER
	Feb. 25, 1999	Deadline updated; reset Scheduling Order Deadlines: Settlement Conference for 10:30 3/24/99 Pursuant to notice(CJS) (TO) (Entered: 02/25/1999)	PACER
13	March 11, 1999	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)	PACER
	March 24, 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)	PACER
	March 24, 1999	Settlement conference held (CJS) (TO) (Entered: 03/29/1999)	PACER
14	March 29, 1999	TRANSCRIPT of proceedings before USDJ Siragusa (pages 1-25) (TO) (Entered: 03/30/1999)	PACER
	May 12, 1999	Minute entry: Settlement Conference held reset Settlement Conference for 9:00 7/9/99 (CJS) (TO) (Entered: 05/18/1999)	PACER
15	June 1, 1999	TRANSCRIPT of proceedings before USDJ Charles Siragusa (pages 1- 57, 5/12/99) (TO) (Entered: 06/01/1999)	PACER
	July 9, 1999	Settlement conference held; agreement executed (CJS) (TO) (Entered: 07/14/1999)	PACER
17	Aug. 17, 1999	LETTER regarding: protecting against the Voluntary stipulation of Dismissal of this case (TO) (Entered: 08/17/1999)	PACER
18	Sept. 1, 1999	MOTION by plaintiffs to Certify Class Court to set return date (JL) (Entered: 09/01/1999)	PACER
19	Sept. 1, 1999	STIPULATION by plaintiffs re: class certification (JL) (Entered: 09/01/1999)	PACER
20	Sept. 1, 1999	MOTION by Kirk Hughes regarding notice to the class Court to set return date (JL) (Entered: 09/01/1999)	PACER
21	Sept. 20, 1999	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)	PACER
22	Sept. 20, 1999	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)	PACER
23	Nov. 1, 1999	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)	PACER
24	Nov. 24, 1999	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)	PACER
25	Dec. 15, 1999	Report of Comments by counsel for the plaintiffs (TO) (Entered: 12/15/1999)	PACER
26	Jan. 6, 2000	LETTER regarding exhibit 6 which was omitted from the report of Comments; attached is exhibit 6 (TO) (Entered: 01/06/2000)	PACER
27	Jan. 14, 2000	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)	PACER
29	Feb. 17, 2000	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)	PACER
30	April 19, 2000	STIPULATION of dismissal (TO) (Entered: 04/19/2000)	PACER
31	Aug. 8, 2000	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)	PACER
32	Sept. 5, 2000	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)	PACER
33	Sept. 8, 2000	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)	PACER
	Sept. 8, 2000	Case closed (TO) (Entered: 09/08/2000)	PACER