Case: Hilton v. Wright

9:05-cv-01038 | U.S. District Court for the Northern District of New York

Filed Date: Aug. 17, 2005

Closed Date: 2013

Clearinghouse coding complete

Case Summary

On August 17, 2005, two New York state prisoners filed a lawsuit in the U.S. District Court for the Northern District of New York under 42 U.S.C. §1983 (the Civil Rights Act of 1871), 42 U.S.C. § 12132 (the Americans with Disabilities Act, or ADA), and 29 U.S.C. § 794 (the Rehabilitation Act, Section 504) against New York's Department of Correctional Services (DOCS) and its chief medical officer. The plaintiff, represented by private counsel, asked the court for declaratory relief, injunctive r…

On August 17, 2005, two New York state prisoners filed a lawsuit in the U.S. District Court for the Northern District of New York under 42 U.S.C. §1983 (the Civil Rights Act of 1871), 42 U.S.C. § 12132 (the Americans with Disabilities Act, or ADA), and 29 U.S.C. § 794 (the Rehabilitation Act, Section 504) against New York's Department of Correctional Services (DOCS) and its chief medical officer. The plaintiff, represented by private counsel, asked the court for declaratory relief, injunctive relief, compensatory damages, and punitive damages, as well as class action status for the case, claiming that the defendants' failure to administer medical treatment constituted cruel and unusual punishment in violation of Eighth and Fourteenth Amendment rights, according to the plaintiffs. The defendants refused to provide needed treatment for their medical conditions, Hepatitis C, because the plaintiffs had not completed a DOCS-sponsored substance abuse program. The plaintiffs amended the complaint on September 2, 2005.

The state had recently lost similar lawsuits in federal and state courts (see, for example, case PC-NY-52 in the Civil Rights Litigation Clearinghouse database) and, in October 2005, revised its policies so that completion of DOCS substance abuse programs was not required prior to provision of Hepatitis C treatment to prisoners. The defendants thus argued that, as the plaintiffs were now receiving treatment under the revised policy, the plaintiffs' equitable claims were now moot and that class action status should not be accorded the case.

District Judge David N. Hurd rejected the defense arguments in a memorandum and order filed on February 27, 2006. He found that the plaintiffs' claims were not moot, because the defendants had failed to show (1) there was no reasonable expectation of re-institution of the substance abuse treatment policy and (2) complete eradication of the prior policy's effects. The court noted that the revised policy expressly changed due to litigation losses, not due to the defendants' medical judgment, making it difficult for the court to accept that the defendants might not again revise the policy, at some point, to the plaintiffs' detriment. Additionally, Judge Hurd found class certification appropriate, as some 500 of the approximately 9,000 Hepatitis C-positive prisoners in defendants' custody had been deprived of treatment due to the prior policy making treatment contingent upon meeting the substance abuse program requirement. Plaintiffs' counsel were appointed to serve as class counsel. Hilton v. Wright, 235 F.R.D. 40 (N.D. N.Y. 2006).

In the following months, the parties engaged in settlement discussions, including conferences with the court. On July 25, 2007, the parties filed with the court their interim settlement agreement. It made explicit the parties' joint agreement that participation in DOCS' substance abuse programs was not a precondition to provision by DOCS of treatment for Hepatitis C and required notification to DOCS medical personnel and known Hepatitis C-positive prisoners of this policy. Prisoners previously denied treatment under the old policy would now be re-evaluated and would receive treatment, if doing so was medically appropriate. Also under the agreement, DOCS had to report its compliance with the agreement's terms to class counsel, and had to pay class counsel's fees stemming from the case, including those incurred over the two year compliance monitoring period established by the agreement. The period could be extended by agreement of the parties or by order of the court.

On January 2, 2008, Judge Hurd approved the settlement, but denied the plaintiff's class application for permission to amend their complaint to assert a claim for damages. On December 14, 2009, Judge Hurd dismissed the first amended complaint in its entirety. Plaintiffs appealed this decision and the order was vacated on May 11, 2013 by the Court of Appeals.

On May 25, 2010, Judge Hurd awarded the plaintiffs attorney's fees of $23,152. Judge Hurd had also denied attorney's fees beyond the sum of $23,152, but the plaintiffs appealed this order and it was vacated on May 11, 2013 by the Court of Appeals.

On April 20, 2012, the Second Circuit vacated in part the judgment and remanded the case on the basis that the district court did not adequately explain why it granted the defendants' motion for summary judgment on the plaintiff's claims for damages. In addition, because the district court misinterpreted the parties' settlement agreement with respect to the recovery of reasonable costs, the Court of Appeals vacated the part of the order denying the plaintiffs' application for reimbursement of out-of-pocket expenses and remanded the issue to the district court for it to determine in its discretion whether to grant, full or partially, the plaintiffs' application for such costs. Hilton v. Wright, 673 F.3d 120 (2d Cir. 2012).

On May 11, 2013, Judge Hurd issued an opinion vacating the previous orders that the first amended complaint be dismissed and the portion of the order denying attorneys' fees beyond the sum of $23,152. Judge Hurd also granted in part and denied in part the defendants' motion for summary judgment. All claims relating to the 2003 denial of Hepatitis C treatment based on the length of incarceration requirement was waived. Judge Hurd dismissed all of the claims against the chief medical officer. Judge Hurd awarded additional attorneys' fees of $17,385.45, for a total fee award of $40,537.45. Hilton v. Wright, 928 F. Supp. 2d 530 (N.D.N.Y. 2013).

On August 28, 2013 Judge Hurd ordered the defendants to pay to the plaintiff $120,000 in full settlement of any and all claims, inclusive of any and all damages, fees, and costs of any kind. Judge Hurd also ordered that all claims or counterclaims were discontinued.

Summary Authors

Mike Fagan (5/1/2008)

Jessica Kincaid (2/14/2014)

People

For PACER's information on parties and their attrorneys, see: https://www.courtlistener.com/docket/5385675/parties/hilton-v-wright/


Judge(s)

Hall, Peter W. (Vermont)

Hurd, David N. (New York)

Peebles, David E. (New York)

Pooler, Rosemary S. (New York)

Winter, Ralph K. Jr. (Connecticut)

Attorneys(s) for Plaintiff

Donoghue, Keith M. (New York)

Koob, Elizabeth L. (New York)

Magoolaghan, Joan (New York)

Reinert, Alexander A. (New York)

Attorneys(s) for Defendant

Cuomo, Andrew M. (New York)

Judge(s)

Hall, Peter W. (Vermont)

Hurd, David N. (New York)

Peebles, David E. (New York)

Pooler, Rosemary S. (New York)

Winter, Ralph K. Jr. (Connecticut)

Attorneys(s) for Plaintiff

Donoghue, Keith M. (New York)

Koob, Elizabeth L. (New York)

Magoolaghan, Joan (New York)

Reinert, Alexander A. (New York)

Attorneys(s) for Defendant

Cuomo, Andrew M. (New York)

Mankes, Karen Marcoux (New York)

Schneiderman, Eric T. (New York)

Seaman, James (New York)

Sheingold, Nelson (New York)

Spitzer, Eliot (New York)

Viglucci, Risa L. (New York)

Wagner, Belinda A (New York)

Documents in the Clearinghouse

Document

9:05-cv-01038

10-00135

10-02245

Docket [PACER]

Hilton v. Wright et al

Aug. 28, 2013

Aug. 28, 2013

Docket
6

9:05-cv-01038

Order to Show Cause Why Application for Temporary Restraining Order and Preliminary Injunction Should Not Be Granted

Aug. 1, 2005

Aug. 1, 2005

Order/Opinion
4

9:05-cv-01038

Plaintiff's Memorandum of Law in Support of Application for Temporary Restraining Order and Preliminary Injunction

Aug. 17, 2005

Aug. 17, 2005

Pleading / Motion / Brief
1

9:05-cv-01038

Class Action Complaint

Hilton v. Wright et al

Aug. 17, 2005

Aug. 17, 2005

Complaint

9:05-cv-01038

Affirmation

Hilton and Vasquez v. Wright

Sept. 2, 2005

Sept. 2, 2005

Pleading / Motion / Brief

9:05-cv-01038

Notice of Motion

Hilton and Vasquez v. Wright

Sept. 2, 2005

Sept. 2, 2005

Notice Letter
11

9:05-cv-01038

First Amended Class Action Complaint

Hilton & Vasquez v. Wright

Sept. 2, 2005

Sept. 2, 2005

Complaint
13-2

9:05-cv-01038

Plaintiffs' Memorandum of Law in Support of Motion for Class Certification

Hilton and Vasquez v. Wright

Sept. 2, 2005

Sept. 2, 2005

Pleading / Motion / Brief
20

9:05-cv-01038

Plaintiffs' Memorandum of Law in Opposition to Defendants' Cross Motion to Dismiss and in Further Support of Motion for Class Certification

Hilton and Vasquez v. Wright

Oct. 28, 2005

Oct. 28, 2005

Pleading / Motion / Brief
31

9:05-cv-01038

Memorandum- Decision and Order

Hilton & Vasquez v. Wright

235 F.R.D. 40

Feb. 27, 2006

Feb. 27, 2006

Order/Opinion

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/5385675/hilton-v-wright/

Last updated Aug. 1, 2022, 3:18 a.m.

ECF Number Description Date Link Date / Link
31

MEMORANDUM-DECISION & ORDER granting pltfs' 13 Motion to Certify Class; denying defts' 17 Cross-Motion to Dismiss for Lack of Subject Matter Jurisdiction; & pltfs' counsel is appointed as class counsel. Signed by Judge David N. Hurd on 2/27/2006. (see)

Feb. 27, 2006

Feb. 27, 2006

Clearinghouse
1

COMPLAINT against Lester N. Wright, New York State Department of Correctional Services ( Filing fee $ 250 receipt number ALB001185) filed by Robert Hilton.(wbl, ) (Entered: 08/17/2005)

Aug. 17, 2005

Aug. 17, 2005

Clearinghouse

Summons Issued as to Lester N. Wright, New York State Department of Correctional Services. (wbl, ) (Entered: 08/17/2005)

Aug. 17, 2005

Aug. 17, 2005

2

G.O. 25 FILING ORDER ISSUED Initial Conference set for 1/4/2006 10:00 AM in Syracuse before Magistrate Judge Gustave J. DiBianco. Civil Case Management Plan due by 12/27/2005. (wbl, ) (Entered: 08/17/2005)

Aug. 17, 2005

Aug. 17, 2005

3

Emergency MOTION for Preliminary Injunction by Order to Show Cause , Emergency MOTION for Temporary Restraining Order by Order to Show Cause by Robert Hilton. (Attachments: # 1 Affirmation of Alexander A. Reinert, Esq.# 2 Exhibit(s) A to U to Affirmation of Alexander A. Reinert, Esq.# 3 Declaration Certificate of Service)(Donoghue, Keith) (Entered: 08/17/2005)

Aug. 17, 2005

Aug. 17, 2005

4

MEMORANDUM OF LAW in Support of 3 Emergency MOTION for Temporary Restraining Order by Robert Hilton. (Attachments: # 1 Declaration Certificate of Service)(Donoghue, Keith) Modified on 8/18/2005 (rjb, ). (Entered: 08/17/2005)

Aug. 17, 2005

Aug. 17, 2005

Clearinghouse

CLERK'S CORRECTION OF DOCKET ENTRY. Edited docket text for entry number 4 to reflect that it is a memorandum of law in support of the 3 motion for TRO, not another motion as filed. Also, terminated the motion associated with docket number 4. (rjb, ) (Entered: 08/18/2005)

Aug. 18, 2005

Aug. 18, 2005

5

Amended G.O. 25 FILING ORDER ISSUED Initial Conference set for 12/15/2005 10:00 AM in Syracuse before Magistrate Judge David E. Peebles. Civil Case Management Plan due by 12/5/2005. (wbl, ) (Entered: 08/18/2005)

Aug. 18, 2005

Aug. 18, 2005

6

ORDER TO SHOW CAUSE: that this Order to Show Cause &the supporting papers shall be served upon the defts or on their attys on or before 5:00 p.m. on 8/19/2005; defts shall file &serve answering papers, if any, on or before 5:00 p.m. on 8/23/2005; the pltf shall file &serve reply papers, if any, on or before 11:00 a.m. on 8/25/2005; ORAL Argument shall be heard at 1:00 p.m. on 8/26/2005 in Utica.Signed by Judge David N. Hurd on 8/18/2005. (see) (Entered: 08/18/2005)

Aug. 18, 2005

Aug. 18, 2005

Clearinghouse
7

AFFIDAVIT of Service for Summons and Complaint served on Defendants DOCS and Wright on August 22, 2005, filed by Robert Hilton. (Attachments: # 1 Affidavit Affidavit of Service)(Reinert, Alexander) (Entered: 08/22/2005)

Aug. 22, 2005

Aug. 22, 2005

8

STIPULATION re 6 Order Setting Hearing on Motion,, 3 Emergency MOTION for Preliminary Injunction by Order to Show Cause Emergency MOTION for Temporary Restraining Order by Order to Show Cause Emergency MOTION for Temporary Restraining Order by Order to Show Cause by Robert Hilton submitted to Judge David N. Hurd. (Attachments: # 1 Exhibit(s) Letter to Judge Hurd)(Reinert, Alexander) (Entered: 08/23/2005)

Aug. 23, 2005

Aug. 23, 2005

9

STIPULATION &ORDER: that deft Lester N. Wright, M.D., M.P.H., shall transmit to Robert Hilton's primary care provider at Washington Correctional Facility written authorization to initiate a course of combination antiviral therapy featuring pegylated interferon &ribavirin; that written confirmation of the status of pltf's treatment w/combination antiviral therapy shall be served upon pltf's counsel by 9/9/2005. Signed by Judge David N. Hurd on 8/23/2005. (see) (Entered: 08/23/2005)

Aug. 23, 2005

Aug. 23, 2005

10

Endorsement ORDER granting pltf's 8 letter requesting permission to be excused from the Local Rules for filing non−dispositive motions (for class certification) filed by Robert Hilton. Signed by Judge David N. Hurd on 8/25/2005. (see) (Entered: 08/25/2005)

Aug. 25, 2005

Aug. 25, 2005

11

AMENDED COMPLAINT filed as of right against Lester N. Wright, New York State Department of Correctional Services filed by Louis Vasquez, Robert Hilton.(Reinert, Alexander) (Entered: 09/02/2005)

Sept. 2, 2005

Sept. 2, 2005

Clearinghouse
12

CERTIFICATE OF SERVICE by Robert Hilton, Louis Vasquez re 11 Amended Complaint (Reinert, Alexander) (Entered: 09/02/2005)

Sept. 2, 2005

Sept. 2, 2005

13

MOTION to Certify Class with supporting Affirmation and exhibits Motion Hearing set for 10/14/2005 02:00 PM in Utica before Judge David N. Hurd. Response to Motion due by 9/27/2005 Reply to Response to Motion due by 10/3/2005. by Robert Hilton, Louis Vasquez. (Attachments: # 1 Certificate of Service# 2 Memorandum of Law # 3 Certificate of Service)(Reinert, Alexander) (Entered: 09/02/2005)

Sept. 2, 2005

Sept. 2, 2005

14

Letter from Nelson R. Sheingold for Lester N. Wright, New York State Department of Correctional Services requesting an extension of defendants' time to respond to the Amended Complaint until October 21, 2005 submitted to Judge Peebles. (Sheingold, Nelson) (Entered: 09/16/2005)

Sept. 16, 2005

Sept. 16, 2005

15

ORDER extending time to respond to the amended complaint. Answer due date updated for Lester N. Wright answer due 10/21/2005; New York State Department of Correctional Services answer due 10/21/2005. Signed by RB per direction of Judge David E. Peebles on 9/16/05. (rjb, ) (Entered: 09/16/2005)

Sept. 16, 2005

Sept. 16, 2005

16

Letter from Nelson R. Sheingold for Lester N. Wright, New York State Department of Correctional Services requesting an adjournment of the return date of plaintiffs' motion for class certification until November 10, 2005 submitted to Judge Hurd. (Sheingold, Nelson) (Entered: 09/20/2005)

Sept. 20, 2005

Sept. 20, 2005

Set/Reset Deadlines as to 13 MOTION to Certify Class with supporting Affirmation and exhibits . Response to Motion due by 10/21/2005 Reply to Response to Motion due by 10/28/2005. Motion Hearing reset for 11/10/2005 10:00 AM in Utica before Judge David N. Hurd. Per request of counsel and verbal order of Judge David N. Hurd.Please adjust your calendars accordingly. (cmr, ) (Entered: 09/22/2005)

Sept. 22, 2005

Sept. 22, 2005

17

Cross MOTION to Dismiss for Lack of Subject Matter Jurisdiction and opposition to plaintiffs' motion for class certification Motion Hearing set for 11/10/2005 10:00 AM in Utica before Judge David N. Hurd. Response to Motion due by 10/24/2005 Reply to Response to Motion due by 10/31/2005. by Lester N. Wright, New York State Department of Correctional Services. (Attachments: # 1 Memorandum of Law in support of cross motion to dismiss and in opposition to plaintiffs' motion for class certification# 2 Declaration of Lester Wright# 3 Exhibit(s) A to Wright Dec−2004 Repealed Guideline# 4 Exhibit(s) B to Wright Dec−Revised Guideline# 5 Exhibit(s) C to Wright Dec−E Mail to Providers# 6 Exhibit(s) Allstate Unpublished Decision)(Sheingold, Nelson) (Entered: 10/21/2005)

Oct. 21, 2005

Oct. 21, 2005

18

CERTIFICATE OF SERVICE by Lester N. Wright, New York State Department of Correctional Services re 17 Cross MOTION to Dismiss for Lack of Subject Matter Jurisdiction and opposition to plaintiffs' motion for class certification (Sheingold, Nelson) (Entered: 10/21/2005)

Oct. 21, 2005

Oct. 21, 2005

19

Supplemental AFFIRMATION in further Support of pltfs' 13 MOTION to Certify Class and in opposition to defts' 17 Cross MOTION to Dismiss for Lack of Subject Matter Jurisdiction. (Attachments: # 1 Certificate of Service)(Reinert, Alexander) (Entered: 10/28/2005)

Oct. 28, 2005

Oct. 28, 2005

20

MEMO OF LAW in Opposition to defts' 17 Cross MOTION to Dismiss and in further support of 13 MOTION to Certify Class (Attachments: # 1 Certificate of Service)(Reinert, Alexander) (Entered: 10/28/2005)

Oct. 28, 2005

Oct. 28, 2005

Clearinghouse
21

Letter Motion from Nelson R. Sheingold for Lester N. Wright, New York State Department of Correctional Services requesting permission to file a brief reply memorandum of law submitted to Judge Hurd. (Sheingold, Nelson) (Entered: 11/01/2005)

Nov. 1, 2005

Nov. 1, 2005

NOTICE of Hearing on Motion 17 Cross MOTION to Dismiss for Lack of Subject Matter Jurisdiction and opposition to plaintiffs' motion for class certification , 13 MOTION to Certify Class with supporting Affirmation and exhibits : Motion Hearing set for 11/10/2005 10:00 AM in Utica before Judge David N. Hurd. Appearance required. The letter request of 11/1/05 from Atty. Nelson Sheingold to Judge Hurd is hereby granted. The brief must be filed by 12:00 noon on 11/4/05 per oral order of Judge Hurd.(cmr, ) (Entered: 11/02/2005)

Nov. 2, 2005

Nov. 2, 2005

22

REPLY to Response to Motion re 21 Letter Motion from Nelson R. Sheingold for Lester N. Wright, New York State Department of Correctional Services requesting permission to file a brief reply memorandum of law submitted to Judge Hurd, 17 Cross MOTION to Dismiss for Lack of Subject Matter Jurisdiction and opposition to plaintiffs' motion for class certification , 13 MOTION to Certify Class with supporting Affirmation and exhibits pursuant to permission of the Court filed by Lester N. Wright, New York State Department of Correctional Services. (Sheingold, Nelson) (Entered: 11/04/2005)

Nov. 4, 2005

Nov. 4, 2005

23

CERTIFICATE OF SERVICE by Lester N. Wright, New York State Department of Correctional Services re 22 Reply to Response to Motion,, via CM/ECF (Sheingold, Nelson) (Entered: 11/04/2005)

Nov. 4, 2005

Nov. 4, 2005

24

Minute Entry for proceedings held before Judge David N. Hurd : Motion Hearing held on 11/10/2005 in Utica, NY re 17 Cross MOTION to Dismiss for Lack of Subject Matter Jurisdiction and opposition to plaintiffs' motion for class certification filed by New York State Department of Correctional Services,, Lester N. Wright,, 13 MOTION to Certify Class with supporting Affirmation and exhibits filed by Robert Hilton,, Louis Vasquez,, Motions Taken Under Advisement: 17 Cross MOTION to Dismiss for Lack of Subject Matter Jurisdiction and opposition to plaintiffs' motion for class certification , 13 MOTION to Certify Class with supporting Affirmation and exhibits (Court Reporter Nancy Freddoso) (cmr, ) (Entered: 11/12/2005)

Nov. 12, 2005

Nov. 12, 2005

25

***STRICKEN FROM THE RECORD BY ORDER OF JUDGE HURD FILED 11/29/05*** LETTER BRIEF Regarding Plaintiffs' Motion for Class Certification by Robert Hilton, Louis Vasquez. (Reinert, Alexander) Modified on 12/1/2005 (rjb, ). (Entered: 11/23/2005)

Nov. 23, 2005

Nov. 23, 2005

26

Letter Motion from Nelson R. Sheingold for Lester N. Wright, New York State Department of Correctional Services requesting that the Court either reject plaintiffs' 11/23/05 letter brief or provide defendants with the same opportunity to supplement their motion to dismiss plaintiffs' equitable claims submitted to Judge Hurd. (Sheingold, Nelson) (Entered: 11/28/2005)

Nov. 28, 2005

Nov. 28, 2005

27

CIVIL CASE MANAGEMENT PLAN [Proposed] by Robert Hilton, Louis Vasquez. (Reinert, Alexander) (Entered: 11/28/2005)

Nov. 28, 2005

Nov. 28, 2005

28

ORDER STRIKING 25 LETTER BRIEF filed by Atty. Reinert for not having Court permission to file. Signed by Judge David N. Hurd on 11/29/05. (rjb, ) (Entered: 12/01/2005)

Nov. 29, 2005

Nov. 29, 2005

29

Letter Motion from Nelson R. Sheingold for Lester N. Wright, New York State Department of Correctional Services requesting an adjournment of the scheduled Rule 16 conference without date submitted to Judge Peebles on behalf of all parties . (Sheingold, Nelson) (Entered: 02/02/2006)

Feb. 2, 2006

Feb. 2, 2006

30

ORDER re 29 Letter Motion from Nelson R. Sheingold for Lester N. Wright, New York State Department of Correctional Services requesting an adjournment of the scheduled Rule 16 conference. ORDERED In−Person Conference is set for 4/20/2006 10:00 AM in Syracuse before Magistrate Judge David E. Peebles. Civil Case Management Plan due by 4/10/2006. Signed by Judge David E. Peebles on 2/2/06. (alh) (Entered: 02/02/2006)

Feb. 2, 2006

Feb. 2, 2006

32

ORDER: that defts elect, on or before 3/7/2006, whether to provide to the prospective class or provide the information necessary to pltfs so they can provide such notice; the parties confer on or before 3/17/2006. At such conference, the party providing notice to the prospective class inform the other party of whether the notice to the prospective class will be individual or general. The parties attempt to agree upon a definition of the class, including specific time parameters, &the contents of a proposed notice; On or before 3/27/2006, the parties submit for approval a proposed definition of the class, including time parameters, or, if an agreement as to the definition of the class cannot be reached, the parties submit separate proposed class definitions; &On or before 3/27/2006, the parties submit for approval a proposed joint order setting forth the contents of the proposed notice, or, if an agreement as to content cannot be reached, the parties submit separate proposed notices. Signed by Judge David N. Hurd on 2/27/2006. (see) (Entered: 02/27/2006)

Feb. 27, 2006

Feb. 27, 2006

33

Letter Motion from Nelson R. Sheingold for Lester N. Wright, New York State Department of Correctional Services requesting advising the Court pursuant to its February 27, 2006 Order that defendants have elected to notify the prospective class submitted to Judge Hurd. (Sheingold, Nelson) (Entered: 03/06/2006)

March 6, 2006

March 6, 2006

34

Letter Motion from Nelson R. Sheingold for Lester N. Wright, New York State Department of Correctional Services requesting on behalf of all parties an extension of the deadlines set forth in the Court's February 27, 2006 Order to allow the parties time to continue to attempt to settle the equitable claims which are the subject of class certification submitted to Judge Hurd. (Sheingold, Nelson) (Entered: 03/10/2006)

March 10, 2006

March 10, 2006

35

ANSWER to Amended Complaint by Lester N. Wright, New York State Department of Correctional Services.(Sheingold, Nelson) (Entered: 03/13/2006)

March 13, 2006

March 13, 2006

36

CERTIFICATE OF SERVICE by Lester N. Wright, New York State Department of Correctional Services re 35 Answer to Amended Complaint via ECM/CF (Sheingold, Nelson) (Entered: 03/13/2006)

March 13, 2006

March 13, 2006

37

Endorsement ORDER granting 34 Letter Request to extend the ddl for submission of a proposed class definition &notice to the class to 4/28/2006. Signed by Judge David N. Hurd on 3/13/2006. (see) (Entered: 03/13/2006)

March 13, 2006

March 13, 2006

Parties are directed to submit a new civil case management plan in preparation of the in−person conference scheduled for 4/20/06 before Judge Peebles. The deadline for this submission passed on 4/10/06. (sal, ) (Entered: 04/13/2006)

April 13, 2006

April 13, 2006

TEXT NOTICE of Hearing: A Settlement Conference will be conducted in this matter on 5/17/2006 at 10:00 AM in chambers the U.S. Courthouse, 445 Broadway, in Albany, New York before Magistrate Judge David E. Peebles. At that conference the parties are directed to appear in person, through counsel and, unless specifically excused by the court prior to the time of the conference, by a representative of the party with full authority to enter into binding agreements on behalf of that party in connection with this litigation. In preparation for the scheduled settlement conference, not later than one week prior to the conference date, the parties shall submit directly to chambers a short, concise statement setting forth the material facts of the case, together with an indication of which if any are disputed; providing a synopsis of the parties' respective legal positions concerning any issues presented in the case; and outlining any settlement discussions which have occurred. That confidential statement, which shall not be filed with the court clerk and need not be served upon opposing counsel, should also include an assessment of the strength and weaknesses of the party's position in the case together with a candid indication of the party's settlement position.(sal, ) (Entered: 04/18/2006)

April 18, 2006

April 18, 2006

Since a settlement conference has been scheduled in this matter, the Rule 16 Conference scheduled for tomorrow has been canceled. (sal, ) (Entered: 04/19/2006)

April 19, 2006

April 19, 2006

38

Letter Motion from Nelson R. Sheingold for Lester N. Wright, New York State Department of Correctional Services requesting that the date to submit a proposed class definition be held in abeyance pending the parties' efforts to settle the equitable claims and the scheduled settlement conference with Magistrate Judge Peebles submitted to Judge Hurd on behalf of all parties . (Sheingold, Nelson) (Entered: 04/24/2006)

April 24, 2006

April 24, 2006

39

Endorsement ORDER granting the 38 Letter requesting that the date to submit a proposed class definition be held in abeyance pending the parties' efforts to settle the equitable claims and the scheduled settlement conference with Magistrate Judge Peebles Signed by Judge David N. Hurd on 4/25/2006. (see) (Entered: 04/25/2006)

April 25, 2006

April 25, 2006

TEXT Minute Entry for proceedings held before Judge David E. Peebles : Settlement Conference held in Albany on 5/17/2006. Parties have settled several of the equitable claims, however, they will continue to work together on resolving the disputed claims that remain. A telephone conference will be scheduled within thirty days w/ Judge Peebles to discuss their progress. APP: Alexander Reinert, Esq., Keith Donoghue, Esq. for Pltfs.. Nelson Sheingold, Esq., Amy Mahar and Tony Annucci (DOCS counsel), and Belinda Wagner (NYS AG's office) for Defts.. (sal, ) (Entered: 05/17/2006)

May 17, 2006

May 17, 2006

TEXT NOTICE of Hearing: Status Telephone Conference set for 6/19/2006 at 3:00 PM before Magistrate Judge David E. Peebles. Defendants' attorney is directed to make arrangements for initiating the call to counsel for all parties and the court which should be contacted at (315) 234−8620.(sal, ) (Entered: 05/19/2006)

May 19, 2006

May 19, 2006

TEXT Minute Entry for proceedings held before Judge David E. Peebles : Status Conference held on 6/29/2006. Parties are making progress regarding settlement. Next telephone conference is scheduled for 8/10/06 at 3:30 PM. Defendant's counsel is to initiate the call. Parties will have more specifics regarding settlement at that time. APP: Nelson Sheingold, Esq., Alexander Reinert, Esq., Belinda Wagner, Esq., Amy Mahar, Esq.. (sal, ) (Entered: 06/29/2006)

June 29, 2006

June 29, 2006

NOTICE TO COUNSEL: The telephone conference that was scheduled for yesterday has been rescheduled for 8/17/06 at 3:00 PM. Defendant's counsel will be providing a call−in number for this conference call. (sal, ) (Entered: 08/11/2006)

Aug. 11, 2006

Aug. 11, 2006

TEXT Minute Entry for proceedings held before Judge David E. Peebles : Status Conference held on 8/17/2006. Proposed settlement documents have been provided to defendant's counsel. The parties are just working on some final issues and should be able to submit this settlement agreement to the court w/in 30 days. No new conference is scheduled. Case will be tracked for 45 days. APP: Nelson Sheingold, Esq. &Alexander Reinert, Esq.. (sal, ) (Entered: 08/17/2006)

Aug. 17, 2006

Aug. 17, 2006

40

LETTER BRIEF dtd 9/14/2006 to Judge Hurd from a Class Member. (see) (Entered: 09/27/2006)

Sept. 26, 2006

Sept. 26, 2006

NOTICE TO COUNSEL: CRD for Judge Peebles spoke w/ Nelson Sheingold, AAG today regarding the status of settlement. Atty. Sheingold states that settlement is progressing, however, the parties are still working on details of the settlement and will need more time for everyone to sign off on it. After that is done, the parties will be discussing settlement of attorneys fees. CRD advises counsel that if the parties are having difficulty with any part of the settlement of this case, particularly the attorney fee issue, then they may request a conference before Judge Peebles. CRD for Judge Peebles will track case for another 45 days and will contact the parties at that time regarding status of this case. (sal, ) (Entered: 10/13/2006)

Oct. 13, 2006

Oct. 13, 2006

41

Letter w/attachments, from Frank DiChiara to Judge Hurd. (cbm, ) (Entered: 11/30/2006)

Nov. 30, 2006

Nov. 30, 2006

TEXT NOTICE of Hearing: A Status Telephone Conference is set for 12/21/2006 at 2:00 PM before Magistrate Judge David E. Peebles to discuss what issues remain in this case. Defendant's counsel is directed to initiate this call. (sal, ) (Entered: 12/01/2006)

Dec. 1, 2006

Dec. 1, 2006

42

Letter to Counsel from Judge Peebles regarding a letter from inmate DiChiara. (rjb, ) (Entered: 12/01/2006)

Dec. 1, 2006

Dec. 1, 2006

NOTICE TO COUNSEL: Due to a conflict w/ Judge Peebles schedule, the telephone conference scheduled for 12/21/06 at 2:00 PM has been adjourned without date. After CRD for Judge Peebles spoke w/ defendant's counsel, it was decided that a status letter will be submitted by 1/8/07 to inform the court what issues remain. At that time, Judge Peebles will decide whether a telephone conference should be scheduled. (sal, ) (Entered: 12/18/2006)

Dec. 18, 2006

Dec. 18, 2006

43

Letter from Frank Di Chiara, enclosing a copy of a letter for the Court's review. (see) (Entered: 12/20/2006)

Dec. 20, 2006

Dec. 20, 2006

TEXT NOTICE of Hearing: A Settlement Conference, with counsel ONLY, is set for 2/22/2007 at 11:00 AM in Albany before Magistrate Judge David E. Peebles. In preparation for the scheduled settlement conference, not later than 2/15/07, the parties shall submit directly to my chambers in Syracuse, New York by facsimile (315−234−8621) or by mail, a short, concise statement setting forth the material facts of the case, together with an indication of which if any are disputed., including attorneys fees; providing a synopsis of the parties' respective legal positions concerning any issues presented in the case; and outlining any settlement discussions which have occurred. That confidential statement, which will not be filed with the court clerk and need not be served upon opposing counsel, should also include an assessment of the strength and weaknesses of the party's position in the case together with a candid indication of the party's settlement position.(sal, ) (Entered: 01/09/2007)

Jan. 9, 2007

Jan. 9, 2007

TEXT Minute Entry for proceedings held before Judge David E. Peebles : Settlement Conference held on 2/22/2007. Parties advise that an interim settlement has been reached between the parties. They are currently discussing the specific wording of the settlement agreement. This settlement agreement will be submitted to Judge Hurd for approval since class certification is involved. Judge discusses w/ counsel the attorneys fees issue and ultimately resolves it. Parties settle as to the attorneys fees issue subject to the approval by the NYS Attorney General's Office. Judge directs parties to submit a status report by 3/22/07 regarding the progress of the interim settlement and, if the settlement agreement is not filed by that time, as to why the agreement has not been filed w/ the court. APP: Alexander Reinert, Esq., and Nelson Sheingold, AAG. (sal, ) (Entered: 02/23/2007)

Feb. 22, 2007

Feb. 22, 2007

44

STATUS REPORT on behalf of all parties by Lester N. Wright, New York State Department of Correctional Services. (Sheingold, Nelson) (Entered: 03/22/2007)

March 22, 2007

March 22, 2007

CRD for Judge Peebles spoke w/ Nelson Sheingold, Esq. today re: settlement of this case. Attorney Sheingold stated that he has approval from the State and they have now signed off on the settlement. DOCS will be taking one final look at the settlement agreement and will most likely confirm w/ Attorney Sheingold today. A settlement agreement is expected to be filed w/ the court for Judge Hurd's signature by the end of the week. After the attorneys' fee issue is resolved and the settlement agreement is entered, the parties will then turn to settling the individual plaintiff's claims. At that time, the parties are directed to file a joint status letter and then Judge Peebles will schedule a telephone conference. (NOTE: Nelson Sheingold, Esq. will be leaving the AG's office as of 6/1/07 and this case will be reassigned to someone else.) (sal, ) (Entered: 05/23/2007)

May 23, 2007

May 23, 2007

CRD for Judge Peebles spoke w/ Belinda Wagner, AAG today who has been recently substituted as counsel in place of Nelson Sheingold, AAG in this case (the docket has now been adjusted to reflect this). She advised that plaintiff's counsel has been out of the country and has just recently returned to work, but he is also on part−time status now w/ his firm. The parties have been working together to clear up some typos within the settlement agreement before filing it w/ the court for Judge Hurd's review. Atty. Wagner indicates that she normally deals w/ state court proceedings and Risa Viglucci, AAG, who normally deals w/ federal proceedings, has been helping her w/ this case, however, she has been recently out of the office and is expected to return shortly. Since there seems to be a delay that is acceptable to the court at this time, Judge Peebles has directed the parties to file the settlement agreement w/ the court BY JULY 20, 2007. The parties are advised that no further extensions will be granted, unless unforeseen circumstances occur. (sal, ) (Entered: 06/21/2007)

June 21, 2007

June 21, 2007

45

NOTICE of Appearance by Risa L. Viglucci on behalf of Lester N. Wright, New York State Department of Correctional Services (Viglucci, Risa) (Entered: 07/20/2007)

July 20, 2007

July 20, 2007

46

Letter Motion from Belinda A. Wagner, Assistant Attorney General for Lester N. Wright, New York State Department of Correctional Services requesting a review of documents, so ordering the stipulation, scheduling a date for party submissions in support of the agreement, scheduling a date for a fairness hearing and scheduling a date for objections from the class, and sealing of the class objections submitted to Judge Hurd. (Attachments: # 1 Declaration of Service# 2 Proposed Order/Judgment Interim Settlement Agreement# 3 Exhibit(s) Notice to Class# 4 Exhibit(s) Stipulation)(Viglucci, Risa) (Entered: 07/20/2007)

July 20, 2007

July 20, 2007

47

STIPULATION &ORDER Regarding Notice to the Plaintiff Class and Scheduling of Fairness Hearing: A "Fairness Hearing" is scheduled to be held pursuant to FRCivP 23(e), before the Court at the US Courthouse in Utica, NY on December 14, 2007 at 9:00 a.m., after which the Court shall determine whether the Agreement shall be approved as a settlement of this class action. Signed by Judge David N. Hurd on 7/25/2007. (see) (Entered: 07/25/2007)

July 25, 2007

July 25, 2007

48

INTERIM SETTLEMENT AGREEMENT. (see) (Entered: 07/25/2007)

July 25, 2007

July 25, 2007

Clearinghouse
49

NOTICE to the Class. (see) (Entered: 07/25/2007)

July 25, 2007

July 25, 2007

50

Minute Entry for proceedings held before Judge David N. Hurd : Telephone Conference held on 7/25/2007. (Court Reporter None) (cmr, ) (Entered: 07/27/2007)

July 27, 2007

July 27, 2007

51

NOTICE by Robert Hilton Substitution of Lead Counsel &Change of Address (Magoolaghan, Joan) (Entered: 08/30/2007)

Aug. 30, 2007

Aug. 30, 2007

52

SEALED inmate letters objecting to proposed interim settlement agreement − maintained in Clerk's Office and not available for electronic viewing (see) (Entered: 09/10/2007)

Sept. 10, 2007

Sept. 10, 2007

53

SEALED DOCUMENT/Agreement − maintained in Clerk's Office and not available for electronic viewing. [Sealed per Oral Order of Judge Hurd on 9/11/2007] (see) (Entered: 09/12/2007)

Sept. 11, 2007

Sept. 11, 2007

54

SEALED inmate letters objecting to interim settlement agreement − maintained in Clerk's Office and not available for electronic viewing. (see) (Entered: 09/13/2007)

Sept. 13, 2007

Sept. 13, 2007

55

SEALED Inmate Objections to Interim Settlement − maintained in Clerk's Office and not available for electronic viewing. (see) (Entered: 09/18/2007)

Sept. 18, 2007

Sept. 18, 2007

TEXT NOTICE of Hearing: An In−Person Settlement Conference is set for 11/29/2007 at 10:30 AM in Albany before Magistrate Judge David E. Peebles to discuss the individual plaintiffs' claims. In preparation for the scheduled settlement conference, not later than 11/20/07, the parties shall submit directly to Judge Peebles' chambers a short, concise statement setting forth the material facts of the case, together with an indication of which if any are disputed; providing a synopsis of the parties' respective legal positions concerning any issues presented in the case; and outlining any settlement discussions which have occurred. That confidential statement, which shall not be filed with the court clerk and need not be served upon opposing counsel, should also include an assessment of the strength and weaknesses of the party's position in the case together with a candid indication of the party's settlement position.(sal, ) (Entered: 09/18/2007)

Sept. 18, 2007

Sept. 18, 2007

56

SEALED inmate letters, re: proposed class action settlement − maintained in Clerk's Office and not available for electronic viewing. (see) (Entered: 09/19/2007)

Sept. 19, 2007

Sept. 19, 2007

57

SEALED letter from inmate, re: proposed class action settlement − maintained in Clerk's Office and not available for electronic viewing. (see) (Entered: 09/20/2007)

Sept. 20, 2007

Sept. 20, 2007

58

SEALED inmate letters, re: proposed class action settlement − maintained in Clerk's Office and not available for electronic viewing. (see) (Entered: 09/24/2007)

Sept. 24, 2007

Sept. 24, 2007

59

Letter Motion from Belinda A. Wagner, AAG for Lester N. Wright, New York State Department of Correctional Services requesting copies of objections submitted to Judge Hurd. (Wagner, Belinda) (Entered: 09/26/2007)

Sept. 26, 2007

Sept. 26, 2007

60

SEALED Inmate letter, re: proposed class settlement − maintained in Clerk's Office and not available for electronic viewing. (see) (Entered: 09/27/2007)

Sept. 27, 2007

Sept. 27, 2007

61

Minute Entry for proceedings held before Judge David N. Hurd : Telephone Conference held on 10/2/2007 (Court Reporter None) (cmr, ) (Entered: 10/03/2007)

Oct. 3, 2007

Oct. 3, 2007

62

SEALED Inmate letter, re: proposed class action settlement − maintained in Clerk's Office and not available for electronic viewing. (see) (Entered: 10/04/2007)

Oct. 4, 2007

Oct. 4, 2007

63

SEALED Inmate letters, re: proposed class action settlement − maintained in Clerk's Office and not available for electronic viewing. (see) (Entered: 10/11/2007)

Oct. 11, 2007

Oct. 11, 2007

64

SEALED Inmate letter, re: proposed class action settlement − maintained in Clerk's Office and not available for electronic viewing. (see) (Entered: 10/12/2007)

Oct. 12, 2007

Oct. 12, 2007

65

SEALED Inmate letters, re: proposed class action settlement − maintained in Clerk's Office and not available for electronic viewing. (see) (Entered: 10/15/2007)

Oct. 15, 2007

Oct. 15, 2007

66

SEALED Inmate letters, re: proposed class action settlement − maintained in Clerk's Office and not available for electronic viewing. (see) (Entered: 10/18/2007)

Oct. 17, 2007

Oct. 17, 2007

67

SEALED Inmate letter, re: proposed class action settlement − maintained in Clerk's Office and not available for electronic viewing. (see) (Entered: 10/19/2007)

Oct. 18, 2007

Oct. 18, 2007

68

SEALED Inmate letters, re: proposed class action settlement − maintained in Clerk's Office and not available for electronic viewing. (see) (Entered: 10/23/2007)

Oct. 22, 2007

Oct. 22, 2007

69

SEALED Inmate letters, re: proposed class action settlement − maintained in Clerk's Office and not available for electronic viewing. (see) (Entered: 10/24/2007)

Oct. 24, 2007

Oct. 24, 2007

70

SEALED Supplement to previous submission included in document #68 − maintained in Clerk's Office and not available for electronic viewing. (see) (Entered: 10/25/2007)

Oct. 25, 2007

Oct. 25, 2007

71

Minute Entry for proceedings held before Judge David N. Hurd : Telephone Conference held on 11/7/2007 (Court Reporter None) (cmr, ) (Entered: 11/08/2007)

Nov. 8, 2007

Nov. 8, 2007

72

SEALED Inmate letter, re: proposed class action settlement − maintained in Clerk's Office and not available for electronic viewing. (see) (Entered: 11/08/2007)

Nov. 8, 2007

Nov. 8, 2007

73

SEALED Inmate letter, re: proposed class action settlement − maintained in Clerk's Office and not available for electronic viewing. (see) (Entered: 11/15/2007)

Nov. 15, 2007

Nov. 15, 2007

TEXT SCHEDULING NOTICE. Due to a conversation chambers had with counsel in this matter the settlement conference scheduled to be held in Albany, NY on 11/29/07 at 10:30 am has been adjourned without date. A status telephone conference has been scheduled for 12/19/07 at 3:00 pm. Attorney Magoolaghan will initiate the call. Authorized by the Hon. David E. Peebles. (cam, ) (Entered: 11/20/2007)

Nov. 20, 2007

Nov. 20, 2007

74

SEALED Inmate letter, re: proposed class action settlement − maintained in Clerk's Office and not available for electronic viewing. (see) (Entered: 11/27/2007)

Nov. 27, 2007

Nov. 27, 2007

75

MOTION to Approve Consent Judgment [Interim Settlement Agreement] Motion Hearing set for 12/14/2007 09:30 AM in Utica before Judge David N. Hurd. by Lester N. Wright, New York State Department of Correctional Services. (Attachments: # 1 Declaration Wagner decl. in support# 2 Exhibit(s) Exhibit A (Interim Settlement Agt.)# 3 Exhibit(s) Stipulation# 4 Exhibit(s) Exhibit C − Notice# 5 Exhibit(s) Exhibit D − Notice (Spanish)# 6 Declaration Heywood Declartion# 7 Exhibit(s) Exhibit A (Notice−English)# 8 Exhibit(s) Exhibit B (Notice−Spanish)# 9 Exhibit(s) Settlement Agreement# 10 Exhibit(s) Exhibit D ( Agreement−Spanish)# 11 Memorandum of Law In Support of Motion to Approve Settlement) (Viglucci, Risa) (Entered: 11/30/2007)

Nov. 30, 2007

Nov. 30, 2007

76

SETTLEMENT AGREEMENT Plaintiffs Submission in Support of Interim Settlement Agreement by Robert Hilton. (Attachments: # 1 Exhibit(s) Exhibit A# 2 Exhibit(s) Exhibit B# 3 Exhibit C# 4 # 5 Exhibit E# 6 Memorandum of Law # 7 Affidavit Affidavit of Service)(Magoolaghan, Joan) (Entered: 11/30/2007)

Nov. 30, 2007

Nov. 30, 2007

77

CERTIFICATE OF SERVICE by Lester N. Wright, New York State Department of Correctional Services re 75 MOTION to Approve Consent Judgment [Interim Settlement Agreement] MOTION to Approve Consent Judgment [Interim Settlement Agreement] MOTION to Approve Consent Judgment [Interim Settlement Agreement] (Viglucci, Risa) (Entered: 12/03/2007)

Dec. 3, 2007

Dec. 3, 2007

Set/Reset Deadlines as to 75 MOTION to Approve Consent Judgment [Interim Settlement Agreement] MOTION to Approve Consent Judgment [Interim Settlement Agreement] MOTION to Approve Consent Judgment [Interim Settlement Agreement] . Motion Hearing set for 12/14/2007 ON SUBMIT. No need to appear. Ct. to issue written order. (cmr, ) (Entered: 12/04/2007)

Dec. 4, 2007

Dec. 4, 2007

78

SEALED Inmate letter − maintained in Clerk's Office and not available for electronic viewing. (see) (Entered: 12/06/2007)

Dec. 6, 2007

Dec. 6, 2007

Case Details

State / Territory: New York

Case Type(s):

Prison Conditions

Special Collection(s):

Hepatitis C

Multi-LexSum (in sample)

Key Dates

Filing Date: Aug. 17, 2005

Closing Date: 2013

Case Ongoing: No

Plaintiffs

Plaintiff Description:

All prisoners with Hepatitis C who must now or in the future meet defendants’ substance abuse therapy requirement to obtain treatment.

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

New York State Department of Correctional Services (Albany), State

Defendant Type(s):

Corrections

Case Details

Causes of Action:

42 U.S.C. § 1983

Americans with Disabilities Act (ADA), 42 U.S.C. §§ 12111 et seq.

Section 504 (Rehabilitation Act), 29 U.S.C. § 701

Constitutional Clause(s):

Equal Protection

Cruel and Unusual Punishment

Availably Documents:

Trial Court Docket

Complaint (any)

Monetary Relief

Injunctive (or Injunctive-like) Relief

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

Amount Defendant Pays: 120,000

Order Duration: 2007 - 2013

Issues

General:

Rehabilitation

Affected Gender:

Male

Medical/Mental Health:

Hepatitis

Medical care, general

Type of Facility:

Government-run