Case: Reynolds v. Sielaff

1:81-cv-00107 | U.S. District Court for the Southern District of New York

Filed Date: Jan. 9, 1981

Closed Date: 2013

Clearinghouse coding complete

Case Summary

On January 9, 1981, pretrial detainees confined in the medical and psychiatric wards operated by the New York City Department of Corrections (DOC) filed a class action lawsuit under 42 U.S.C. §1983 against the DOC in the U.S. District Court for the Southern District of New York. The plaintiffs asked the Court for declaratory and injunctive relief, alleging that their constitutional rights had been violated by inadequate fire safety, poor mental health care, and generally inhumane conditions of …

On January 9, 1981, pretrial detainees confined in the medical and psychiatric wards operated by the New York City Department of Corrections (DOC) filed a class action lawsuit under 42 U.S.C. §1983 against the DOC in the U.S. District Court for the Southern District of New York. The plaintiffs asked the Court for declaratory and injunctive relief, alleging that their constitutional rights had been violated by inadequate fire safety, poor mental health care, and generally inhumane conditions of confinement.

On October 1, 1990, the District Court (Judge Pierre N. Leval) entered a Consent Decree. The Decree provided for changes in the areas of classification, physical facilities, mental health care, fire safety, emergency medical care, population levels, recreation, physical therapy, exercise, staffing, physical restraints, segregation, administration of medication, record keeping, personal property storage, grievance procedures, law library access, reading materials, mail, religious services, telephone privileges, and visitation procedures.

Defendants moved to terminate the Stipulation and Order in 2008, pursuant to the 1996 Prison Litigation Reform Act, 18 U.S.C. §3636(b). The court denied that motion and allowed Plaintiffs time to pursue discovery related to the motion. After a couple of years of settlement negotiations, the parties entered into a new Stipulation and Order of Settlement on November 23, 2010. The new settlement agreement terminated the previous agreement and was set to expire after 30 months. The agreement covered mental health treatment services, admission and discharge, training and supervision, role of DOC staff, outposted inmate-patients, monitoring, and dispute resolution. On May 28, 2013, the court partially extended the 2010 Stipulation by six months. The court retained jurisdiction during the six-month extension period, and terminated its jurisdiction after the time period ended. The case is now closed.

Summary Authors

Elizabeth Daligga (7/23/2012)

Elizabeth Heise (11/17/2018)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/4328320/parties/reynolds-v-ward/


Judge(s)

Leval, Pierre Nelson (New York)

Sullivan, Richard Joseph (New York)

Attorneys(s) for Plaintiff

Chasan, Jonathan S. (New York)

Frackman, Andrew J. (New York)

Katz, Theodore H. (New York)

Lewis, Dori A. (New York)

Weinstein, Philip L. (New York)

Attorneys(s) for Defendant

Buhta, John Michael (New York)

Cardozo, Michael A. (New York)

Gantz, Toni (New York)

Judge(s)

Leval, Pierre Nelson (New York)

Sullivan, Richard Joseph (New York)

Attorneys(s) for Plaintiff

Chasan, Jonathan S. (New York)

Frackman, Andrew J. (New York)

Katz, Theodore H. (New York)

Lewis, Dori A. (New York)

Weinstein, Philip L. (New York)

Attorneys(s) for Defendant

Buhta, John Michael (New York)

Cardozo, Michael A. (New York)

Gantz, Toni (New York)

Kovner, Victor A. (New York)

Trachtenberg, Robert (New York)

Expert/Monitor/Master

Pestana, Georgia (New York)

Documents in the Clearinghouse

Document

Docket [PACER]

Reynolds v. Ward

May 28, 2013 Docket

Stipulation and Order of Settlement

Oct. 1, 1990 Order/Opinion

Order and Consent Judgment Approving Class Action Settlement

Oct. 1, 1990 Order/Opinion
154

Stipulation and Order of Settlement

Reynolds v. Schriro

Nov. 23, 2010 Settlement Agreement
155

Partial Extension of Stipulation and Order of Settlement

Reynolds v. Schiriro

May 28, 2013 Settlement Agreement

Resources

Title Description External URL

The Caged Canary

Elizabeth Alexander

The United States has experienced an explosion in the number of people in prison, an explosion that cannot be attributed to changes in the crime rate, but rather reflects changes in public policy, pa… Dec. 1, 2008 http://scholarship.law.wm.edu/...

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4328320/reynolds-v-ward/

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

ECF Number Description Date Link
1

SCANNED PAPER DOCKET REPORT containing docket entries entered on the Paper Docket for period of 1/9/1981 to 7/23/1992. The Last Document No. used on the Paper Docket is 106. (lb) (Entered: 10/06/2008)

Jan. 9, 1981 RECAP
2

COMPLAINT against Reinaldo Ferrer, Allen Goldberg, Sara L Kellerman, Dante Alberti, James Monroe, John Prendville, Daniel Schwartz, Henry Weinstein, Stanley Brodsky, Madeline Bohman, Ira Clark, Marylin Durrell, Edward Koch, Benjamin Ward, Abraham J Kauver, Esta Armstrong. Document filed by Daniel Reynolds, Carlos Cruz, Tyrone McGraw, Madrick Wallace.(lb) (Entered: 10/06/2008)

Jan. 9, 1981 PACER

SUMMONS ISSUED as to Reinaldo Ferrer, Allen Goldberg, Sara L Kellerman, Dante Alberti, James Monroe, John Prendville, Daniel Schwartz, Henry Weinstein, Stanley Brodsky, Madeline Bohman, Ira Clark, Marylin Durrell, Edward Koch, Benjamin Ward, Abraham J Kauver, Esta Armstrong. (lb)

Jan. 9, 1981 PACER
6

ANSWER to Complaint. Document filed by Reinaldo Ferrer, Allen Goldberg, Sara L Kellerman, Dante Alberti, James Monroe, John Prendville, Daniel Schwartz, Henry Weinstein, Stanley Brodsky, Madeline Bohman, Ira Clark, Marylin Durrell, Edward Koch, Benjamin Ward, Abraham J Kauver, Esta Armstrong.(lb) (Entered: 10/06/2008)

June 10, 1981 PACER
12

FIRST AMENDED COMPLAINT (Class Action) amending 2 Complaint. (lb) (Entered: 10/07/2008)

Sept. 7, 1983 PACER

Minute Entry for proceedings held before Magistrate Judge Michael H. Dolinger: Pretrial Conference held on 5/23/1984. (lb)

May 23, 1984 PACER
45

SECOND AMENDED COMPLAINT amending 12 Amended Complaint. (lb) (Entered: 10/07/2008)

June 26, 1986 PACER

AMENDED SUMMONS ISSUED (lb)

June 26, 1986 PACER

Case closed (ln)

Oct. 2, 1990 PACER
106

STIPULATION AND ORDER TO MODIFY THE CONSENT DECREE: that paragraph 49 of the stipulation and order of settlement is modified to read as follows (as indicated); and that defendants shall promulgate appropriate institutional orders at the three hospital wards to implement this policy within 30 days from the date of this stipulation etc. So Ordered. Signed by Judge Pierre N. Leval (lb) (Entered: 10/07/2008)

July 23, 1992 PACER
107

MOTION for an order terminating the Stipulation and Order of Settlement entered on August 1, 1990, pursuant to the Prison Litigation Reform Act, 18 U.S.C. section 3626(b). Document filed by Reinaldo Ferrer, Allen Goldberg, Sara L Kellerman, Dante Alberti, James Monroe, John Prendville, Daniel Schwartz, Henry Weinstein, Stanley Brodsky, Madeline Bohman, Ira Clark, Marylin Durrell, Edward Koch, Benjamin Ward, Abraham J Kauver, Esta Armstrong.(djc) (Entered: 10/07/2008)

Oct. 2, 2008 PACER
108

MEMORANDUM OF LAW in Support re: 107 MOTION to terminate the August 1, 1990 consent decree. Document filed by Reinaldo Ferrer, Allen Goldberg, Sara L Kellerman, Dante Alberti, James Monroe, John Prendville, Daniel Schwartz, Henry Weinstein, Stanley Brodsky, Madeline Bohman, Ira Clark, Marylin Durrell, Edward Koch, Benjamin Ward, Abraham J Kauver, Esta Armstrong. (djc) (Entered: 10/07/2008)

Oct. 2, 2008 PACER
109

DECLARATION of Edmund Perry in Support re: 107 MOTION to terminate the August 1, 1990 consent decree. Document filed by Reinaldo Ferrer, Allen Goldberg, Sara L Kellerman, Dante Alberti, James Monroe, John Prendville, Daniel Schwartz, Henry Weinstein, Stanley Brodsky, Madeline Bohman, Ira Clark, Marylin Durrell, Edward Koch, Benjamin Ward, Abraham J Kauver, Esta Armstrong. (djc) (Entered: 10/07/2008)

Oct. 2, 2008 PACER
110

DECLARATION of Evelyn A.Mirabal in Support re: 107 MOTION to terminate the August 1, 1990 consent decree. Document filed by Reinaldo Ferrer, Allen Goldberg, Sara L Kellerman, Dante Alberti, James Monroe, John Prendville, Daniel Schwartz, Henry Weinstein, Stanley Brodsky, Madeline Bohman, Ira Clark, Marylin Durrell, Edward Koch, Benjamin Ward, Abraham J Kauver, Esta Armstrong. (djc) (Entered: 10/07/2008)

Oct. 2, 2008 PACER
111

DECLARATION of Lynda D.Curtis in Support re: 107 MOTION to terminate the August 1, 1990 consent decree. Document filed by Reinaldo Ferrer, Allen Goldberg, Sara L Kellerman, Dante Alberti, James Monroe, John Prendville, Daniel Schwartz, Henry Weinstein, Stanley Brodsky, Madeline Bohman, Ira Clark, Marylin Durrell, Edward Koch, Benjamin Ward, Abraham J Kauver, Esta Armstrong. (djc) (Entered: 10/07/2008)

Oct. 2, 2008 PACER
112

DECLARATION of Toni Gantz in Support re: 107 MOTION to terminate the August 1, 1990 consent decree. Document filed by Reinaldo Ferrer, Allen Goldberg, Sara L Kellerman, Dante Alberti, James Monroe, John Prendville, Daniel Schwartz, Henry Weinstein, Stanley Brodsky, Madeline Bohman, Ira Clark, Marylin Durrell, Edward Koch, Benjamin Ward, Abraham J Kauver, Esta Armstrong. (djc) (Entered: 10/07/2008)

Oct. 2, 2008 PACER
113

DECLARATION of Chris D. Constantino in Support re: 107 MOTION to terminate the August 1, 1990 consent decree. Document filed by Reinaldo Ferrer, Allen Goldberg, Sara L Kellerman, Dante Alberti, James Monroe, John Prendville, Daniel Schwartz, Henry Weinstein, Stanley Brodsky, Madeline Bohman, Ira Clark, Marylin Durrell, Edward Koch, Benjamin Ward, Abraham J Kauver, Esta Armstrong. (djc) (Entered: 10/07/2008)

Oct. 2, 2008 PACER
116

NOTICE OF CASE REASSIGNMENT to Judge Richard J. Sullivan. Judge Pierre N. Leval is no longer assigned to the case. (laq) (Entered: 10/15/2008)

Oct. 8, 2008 PACER
114

NOTICE OF APPEARANCE by Andrew Jay Frackman on behalf of Daniel Reynolds, Carlos Cruz, Tyrone McGraw, Madrick Wallace, Linda Grier. (tro) (Entered: 10/14/2008)

Oct. 10, 2008 PACER
115

NOTICE OF APPEARANCE by Shiva Eftekhari on behalf of Daniel Reynolds, Carlos Cruz, Tyrone McGraw, Madrick Wallace, Linda Grier. (tro) (Entered: 10/14/2008)

Oct. 10, 2008 PACER
117

ORDER: Plaintiffs shall respond to Defendants' motion by November 20, 2008.Defendants' reply is due by December 11, 2008. (Signed by Judge Richard J. Sullivan on 10/20/2008) (jpo) (Entered: 10/20/2008)

Oct. 20, 2008 PACER
118

ORDER: Defendants are hereby ORDERED to respond to Plaintiffs' letter by December 4,2008. Plaintiffs' deadline to respond to Defendants' motion to terminate the consent judgment is hereby adjourned through that date.SO ORDERED. ( Responses due by 12/4/2008) (Signed by Judge Richard J. Sullivan on 11/26/2008) (jmi) (Entered: 12/02/2008)

Dec. 1, 2008 PACER
119

ORDER: The Court is in receipt of Plaintiffs' 11/18/08 letter, and Defendants' 12/4/08 response. The parties are HEREBY ORDERED to appear for a conference on 12/17/08 at 10:00 a.m. Plaintiffs' deadline to respond to Defendants' motion to terminate the consent judgment is hereby adjourned through that date. (Signed by Judge Richard J. Sullivan on 12/5/08) (tro) (Entered: 12/09/2008)

Dec. 8, 2008 PACER
120

ENDORSED LETTER addressed to Judge Richard J. Sullivan from Andrew J. Frackman dated 12/11/08 re: The parties request an adjournment of the conference scheduled for 10:00 a.m. on 12/17/08, to 9:15 a.m. on 12/18/08. ENDORSEMENT: So Ordered. ( Status Conference set for 12/18/2008 at 09:15 AM before Judge Richard J. Sullivan.) (Signed by Judge Richard J. Sullivan on 12/13/08) (ae) (Entered: 12/16/2008)

Dec. 15, 2008 PACER
121

ORDER: For the reasons stated on the record at the conference held on 12/18/08, the parties are HEREBY ORDERED to submit a joint discovery schedule by 1/7/09 relating to Defendants' motion to terminate the consent decree in this matter. (Signed by Judge Richard J. Sullivan on 12/18/08) (tro) (Entered: 12/19/2008)

Dec. 19, 2008 PACER
122

ORDER re joint letter request of 1/7/09 for an extension of the time to file a proposed discovery plan in connection with Defendants' motion to terminate the consent judgment in this matter: the request is GRANTED. The proposed discovery plan discussed at the 12/18/08 conference in this matter and directed by the Court's order on the same date shall be submitted by 1/9/09. (Signed by Judge Richard J. Sullivan on 1/7/09) (cd) (Entered: 01/12/2009)

Jan. 12, 2009 PACER
123

ORDER: Accordingly, the Court hereby adopts the following schedule for discovery and resolving Defendants' motion: Defendants shall complete their production of documents to Plaintiffs By February 9,2009. Fact discovery shall be completed by April 30, 2009. Expert discovery shall be completed by May 31, 2009. Plaintiffs' opposition to Defendants' motion shall be served and filed by July 14, 2009. Defendants' reply, if any, shall be filed and served by July 31, 2009. (Signed by Judge Richard J. Sullivan on 1/12/2009) (jpo) (Entered: 01/13/2009)

Jan. 13, 2009 PACER
124

TRANSCRIPT of proceedings held on 12/18/08 before Judge Richard J. Sullivan. (tro) (Entered: 01/30/2009)

Jan. 26, 2009 PACER
125

ORDER For the reasons set forth in this order, it is hereby ordered that, by February 17, 2009 the parties shall submit a joint letter describing the status of discovery in greater detail, and proposing a revised discovery schedule. The joint status letter shall also indicate whether any party objects to having this matter referred to a Magistrate Judge solely for the purpose of the discovery that is to be conducted in connection with Defendants pending motion to terminate the consent judgment. (Signed by Judge Richard J. Sullivan on 2/11/09) (mme) (Entered: 02/11/2009)

Feb. 11, 2009 PACER
126

NOTICE OF APPEARANCE by Peter Clemens Herrick on behalf of Daniel Reynolds, Carlos Cruz, Tyrone McGraw, Madrick Wallace, Linda Grier (djc) (Entered: 02/18/2009)

Feb. 17, 2009 PACER
127

STIPULATED PROTECTIVE ORDER...regarding procedures to be followed that shall govern the handling of confidential material. SO ORDERED. (Signed by Judge Richard J. Sullivan on 2/19/2009) (tve) (Entered: 02/19/2009)

Feb. 19, 2009 PACER
128

ORDER: The Court is in receipt of the parties 2/17/09 status letter,r which contains proposed revisions to the discovery schedule that was previously set in connection with Defendants' pending motion to terminated the consent decree in this matter. The Court will conduct a Telephone Conference to discuss the proposed revisions on 2/24/2009 at 11:00 AM before Judge Richard J. Sullivan. All the parties are HEREBY ORDERED to participate. The parties are further directed to gather on a single telephone line prior to the conference and to call chambers at (212) 805-0264 when all are present. (Signed by Judge Richard J. Sullivan on 2/19/09) (tro) (Entered: 02/20/2009)

Feb. 19, 2009 PACER
129

STIPULATED ORDER TO ASSIGN THE CASE TO THE ELECTRONIC CASE FILING ("ECF") SYSTEM The case captioned above shall be an ECF case and all future public filings shall be made through the ECF system in accordance with the Federal Rules of Civil Procedure, the Local Rules of the United States District Court for the Southern District of New York, the Southern District of New York ECF Rules & Instructions, and this Court's Individual Practices.. (Signed by Judge Richard J. Sullivan on 2/20/09) (mme) (Entered: 02/23/2009)

Feb. 23, 2009 PACER

Case Designated ECF. (mme)

Feb. 23, 2009 PACER
130

ORDER: The Court conducted a telephone conference in this matter on February 24, 2009. For the reasons stated on the record, the parties are HEREBY ORDERED to confer regarding the issues that were discussed at the conference, and to submit a joint status letter by March 9, 2009 proposing revisions to the discovery plan for Defendants' pending motion to terminate the consent decree. (Signed by Judge Richard J. Sullivan on 2/24/2009) (jfe) (Entered: 02/26/2009)

Feb. 26, 2009 PACER
131

NOTICE OF APPEARANCE by Toni Lynn Gantz on behalf of Reinaldo Ferrer, Allen Goldberg, Sara L Kellerman, Dante Alberti, James Monroe, John Prendville, Daniel Schwartz, Henry Weinstein, Stanley Brodsky, Madeline Bohman, Ira Clark, Marylin Durrell, Edward Koch, Benjamin Ward, Abraham J Kauver, Esta Armstrong (Gantz, Toni) (Entered: 02/27/2009)

Feb. 27, 2009 PACER
132

NOTICE OF APPEARANCE by Chlarens Orsland on behalf of Reinaldo Ferrer, Allen Goldberg, Sara L Kellerman, Dante Alberti, James Monroe, John Prendville, Daniel Schwartz, Henry Weinstein, Stanley Brodsky, Madeline Bohman, Ira Clark, Marylin Durrell, Edward Koch, Benjamin Ward, Abraham J Kauver, Esta Armstrong (Orsland, Chlarens) (Entered: 03/05/2009)

March 5, 2009 PACER
133

ORDER: Accordingly, on the basis of the parties' representations, IT IS HEREBY ORDERED THAT notwithstanding federal laws or regulations concerning the confidentiality of medical and psychiatric records, including the Health Information Portability and Accountability Act of 1996, 42 U.S.C. §§ 1320d et seq., and 45 C.F.R. § 164.502, and, to the extent that State law applies, New York Public Health Law § 2782 (relating to HIV-related information), New York Public Health Law § 2306 (relating to sexually transmissible disease information), New York Mental Hygiene Law § 33.13 (relating to maintenance of clinical records), and New York Civil Rights Law § 79-1(3)(a) (relating to the predisposition genetic testing information), Defendants may disclose in this litigation the medical and psychiatric records of any Plaintiff or class member, excluding substance abuse information that is confidential under 42 C.F.R. § 2.12 insofar as it is contained in these medical and psychiatric records. Documents produced pursuant to this Order shall be designated as "Confidential Materials" pursuant to the terms of the Court's February 19, 2009 Stipulated Protective Order (Doc. No. 127). Neither Defendants, nor any of their employees or agents shall be held civilly, criminally, or professionally liable in this action or any other action for disclosing any information concerning the physical or mental health of the class members pursuant to the terms of this Order. SO ORDERED. (Signed by Judge Richard J. Sullivan on 3/23/2009) (tve) (Entered: 03/23/2009)

March 23, 2009 RECAP
135

TRANSCRIPT of proceedings held on 2/24/2009 before Judge Richard J. Sullivan. (jfe) (Entered: 04/23/2009)

March 31, 2009 PACER
134

REVISED DISCOVERY SCHEDULE: By April 1, 2010, all fact depositions shall be completed. By June 1, 2010, discovery relating to Plaintiffs' experts shall be completed. At the close of this expert discovery period, Plaintiffs shall provide to Defendants any expert reports that are prepared, along with, for each expert, a curriculum vitae and list of all other cases at which the expert testified at a deposition or trial in the past five years. Defendants reserve the right to seek rebuttal expert discovery as necessary. By July 13,2010, Plaintiffs' opposition papers shall be filed and served. By August 3, 20 I0, Defendants' reply papers shall be filed and served. SO ORDERED. (Signed by Judge Richard J. Sullivan on 4/1/2009) (tve) (Entered: 04/01/2009)

April 1, 2009 PACER
136

ORDER: Status Conference set for 7/31/2009 at 02:30 PM before Judge Richard J. Sullivan. (Signed by Judge Richard J. Sullivan on 7/22/2009) (jpo) (Entered: 07/22/2009)

July 22, 2009 RECAP
137

ENDORSED LETTER addressed to Judge Richard J. Sullivan from Andrew J. Frackman dated 7/24/09 re: Counsel for Plaintiff write concerning the status conference currently scheduled for 7/31/09 at 2:30 p.m. Counsel will be traveling to San Francisco on that date and therefore will not be able to attend. Attorneys from the Legal Aid Society, co-counsel of record in this matter, will appear and represent Plaintiffs. Mr. Frackman's colleague, Ms. Shiva Eftekhari, who is completely familiar with the status of the discovery, will also be present. ENDORSEMENT: Request granted. (Signed by Judge Richard J. Sullivan on 7/27/09) (tro) (Entered: 07/27/2009)

July 27, 2009 PACER
138

NOTICE OF APPEARANCE by Jonathan S. Chasan on behalf of Daniel Reynolds, Carlos Cruz, Tyrone McGraw, Madrick Wallace, Linda Grier (Chasan, Jonathan) (Entered: 07/30/2009)

July 30, 2009 PACER
139

ORDER: Additionally, for the reasons stated on the record, IT IS HEREBY ORDERED THAT the parties shall submit a proposed revised discovery schedule by September 8, 2009, which shall include (1) a date for Defendants to re-file their motion and submit additional briefing, and (2) a briefing schedule for Plaintiffs' opposition submission and Defendants' reply. The Clerk of the Court is respectfully directed to terminate the motion docketed as document number 107. (Signed by Judge Richard J. Sullivan on 8/3/2009) (jfe) (Entered: 08/03/2009)

Aug. 3, 2009 PACER

Set/Reset Deadlines: Discovery due by 9/8/2009. (jfe)

Aug. 3, 2009 PACER
140

TRANSCRIPT of proceedings (conference) held on 7/31/09 before Judge Richard J. Sullivan. (ja) (Entered: 08/05/2009)

Aug. 5, 2009 PACER
141

ORDER that the parties shall submit their joint discovery schedule by September 14, 2009. SO ORDERED. ( Discovery due by 9/14/2009.) (Signed by Judge Richard J. Sullivan on 9/2/2009) (jmi) (Entered: 09/03/2009)

Sept. 2, 2009 PACER
142

REVISED DISCOVERY SCHEDULE: Motion to terminate the Consent Decree due by 8/25/2010. Response due by 10/20/2010 Reply due by 11/10/2010. Expert Discovery due by 7/14/2010, see document for other deadlines. (Signed by Judge Richard J. Sullivan on 9/15/09) (cd) (Entered: 09/22/2009)

Sept. 21, 2009 PACER
143

NOTICE OF APPEARANCE by John Michael Buhta on behalf of Reinaldo Ferrer, Allen Goldberg, Sara L Kellerman, Dante Alberti, James Monroe, John Prendville, Daniel Schwartz, Henry Weinstein, Stanley Brodsky, Madeline Bohman, Ira Clark, Marylin Durrell, Edward Koch, Benjamin Ward, Abraham J Kauver, Esta Armstrong (Buhta, John) (Entered: 02/01/2010)

Feb. 1, 2010 PACER
144

ORDER: The discovery schedule set forth in this Court's September 21, 2009 order is suspended for three months to allow the parties to engage in settlement discussions. At the end of the three-month period, on or before June 1, 2010, if the action is not settled, the parties shall advise the Court of their progress to date, and the Court shall determine if further negotiations would be fruitful, or whether a revised discovery schedule shoul d be entered. (Signed by Judge Richard J. Sullivan on 2/25/2010) (jfe) (Entered: 02/25/2010)

Feb. 25, 2010 PACER
145

FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for Peter C. Herrick to Withdraw as Attorney. Document filed by Daniel Reynolds, Carlos Cruz, Tyrone McGraw, Madrick Wallace, Linda Grier.(Herrick, Peter) Modified on 4/16/2010 (jar). (Entered: 04/15/2010)

April 15, 2010 PACER

***NOTE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR. Note to Attorney Peter Herrick to RE-FILE Document 145 MOTION for Peter C. Herrick to Withdraw as Attorney. ERROR(S): Supporting documents must be filed separately. Use the event type Declaration in Support found under the event list Replies, Oppositions, Supporting Documents. NOTE: The motion must first be correctly re-filed. (jar)

April 15, 2010 PACER
146

MOTION for Peter C. Herrick to Withdraw as Attorney. Document filed by Daniel Reynolds, Carlos Cruz, Tyrone McGraw, Madrick Wallace, Linda Grier.(Herrick, Peter) (Entered: 04/16/2010)

April 16, 2010 PACER
147

DECLARATION of Peter C. Herrick in Support re: 146 MOTION for Peter C. Herrick to Withdraw as Attorney.. Document filed by Daniel Reynolds, Carlos Cruz, Tyrone McGraw, Madrick Wallace, Linda Grier. (Herrick, Peter) (Entered: 04/16/2010)

April 16, 2010 PACER
148

MEMO ENDORSEMENT on 146 Motion to Withdraw as Attorney. ENDORSEMENT: So Ordered. (Signed by Judge Richard J. Sullivan on 4/16/2010) (jpo) (Entered: 04/16/2010)

April 16, 2010 PACER
149

ORDER: The discovery schedule set forth in this Court's September 21, 2009 order is suspended for an additional 60 days to allow the parties to continue settlement discussions; At the end of the 60-day period, on or before August 2, 2010, if the action is not settled, the parties shall advise the Court of their progress to date, and the Court shall determine if further negotiations would be fruitful, or whether a revised discovery schedule should be entered. (Signed by Judge Richard J. Sullivan on 5/28/2010) (jpo) (Entered: 06/01/2010)

June 1, 2010 RECAP
150

ORDER The discovery schedule set forth in this Court's September 21, 2009 order is suspended for an additional 75 days to allow the parties to finalize settlement; At the end of the 75-day period, on or before October 18, 2010, if the action is not settled, the parties shall advise the Court of their progress to date, and the Court shall determine if further negotiations would be fruitful, or whether a revised discovery schedule should be entered. SO ORDERED. (Signed by Judge Richard J. Sullivan on 8/3/2010) (jmi) (Entered: 08/04/2010)

Aug. 3, 2010 PACER
151

ORDER: IT IS HEREBY ORDERED THAT counsel may have until October 19, 2010 to submit the status letter. (Signed by Judge Richard J. Sullivan on 10/18/2010) (jfe) (Entered: 10/19/2010)

Oct. 19, 2010 PACER
152

ORDER. 1. The discovery schedule set forth in this Court's September 21, 2009 order is suspended for an additional three weeks to allow the parties to finalize a proposed Stipulation and Order of Settlement for submission to the Court; and 2. On or before November 9, 2010, the parties shall submit the proposed Stipulation and Order of Settlement to the Court for its review and approval. (Signed by Judge Richard J. Sullivan on 10/19/10) (djc) (Entered: 10/20/2010)

Oct. 19, 2010 PACER
153

ENDORSED LETTER addressed to Judge Richard J. Sullivan from Toni Gantz dated November 9, 2010 re: Counsel requests a brief extension, to November 12, 2010, to submit the proposed Stipulation and Order of Settlement to the Court. ENDORSEMENT: Request granted. (Signed by Judge Richard J. Sullivan on 11/9/10) (djc) (Entered: 11/10/2010)

Nov. 10, 2010 PACER
154

STIPULATION AND ORDER OF SETTLEMENT. The Stipulation and Order of Settlement, dated August 1, 1990, is terminated and is replaced by the instant Stipulation. The duration of this Stipulation shall be thirty months following the date of entry by the Court of this Stipulation. The Court shall retain jurisdiction over the parties and this action solely for the purpose of enforcement of this Stipulation until thirty months following the date of entry of this Stipulation, whereupon the Court's jurisdiction over this action shall terminate, and as further set forth in said order. (Signed by Judge Richard J. Sullivan on 11/19/10) (rjm) (Additional attachment(s) added on 11/30/2010: # 1 Attachment) (ad). (Entered: 11/23/2010)

1 Attachment

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Nov. 23, 2010 PACER
155

PARTIAL EXTENSION OF STIPULATION AND ORDER OF SETTLEMENT: The November 19,2010 Stipulation and Order is terminated and is replaced by the instant Stipulation.The duration of this Stipulation shall be six months following the date of entry by the Court of this Stipulation and the Court shall retain jurisdiction over the parties and this action solely for the purpose of enforcement of this Stipulation until that time, whereupon the Court's jurisdiction over this action shall terminate.And as set forth herein. SO ORDERED. (Signed by Judge Richard J. Sullivan on 5/23/2013) (Attachments: # 1 Continuation Pages 7-14)(ama) (Entered: 05/28/2013)

1 Continuation Pages 7-14

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May 28, 2013 PACER

State / Territory: New York

Case Type(s):

Prison Conditions

Key Dates

Filing Date: Jan. 9, 1981

Closing Date: 2013

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Pretrial detainees confined in the jail medical and psychiatric wards operated by the New York City Department of Corrections.

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

Legal Services/Legal Aid

Public Interest Lawyer: Yes

Filed Pro Se: Unknown

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

Department of Correction of the City of New York (New York, NY), City

Bellevue Hospital, City

Elmhurst Hospital, City

Defendant Type(s):

Corrections

Case Details

Causes of Action:

42 U.S.C. § 1983

Constitutional Clause(s):

Cruel and Unusual Punishment

Availably Documents:

Trial Court Docket

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

Order Duration: 1990 - 2013

Content of Injunction:

Hire

Discrimination Prohibition

Develop anti-discrimination policy

Monitoring

Goals (e.g., for hiring, admissions)

Training

Issues

General:

Administrative segregation

Classification / placement

Disciplinary procedures

Fire safety

Informed consent/involuntary medication

Law library access

Loss or damage to property

Mail

Phone

Recreation / Exercise

Rehabilitation

Religious programs / policies

Restraints : chemical

Restraints : physical

Staff (number, training, qualifications, wages)

Totality of conditions

Crowding:

Crowding / caseload

Discrimination-basis:

Disability (inc. reasonable accommodations)

Disability:

Mental impairment

Medical/Mental Health:

Medical care, general

Mental health care, general

Type of Facility:

Government-run