Case: Peoples v. Fischer (Peoples v. Annucci)

1:11-cv-02694 | U.S. District Court for the Southern District of New York

Filed Date: April 18, 2011

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Case Summary

On April 18, 2011, a prisoner formerly incarcerated at the New York State Green Haven Correctional Facility (GHCF) filed this pro se lawsuit in the U.S. District Court for the Southern District of New York against the GHCF, the New York State Department of Correctional Services, and the Queens County District Attorney's Office. Bringing this action under 42 U.S.C. § 1983, the plaintiff sought compensatory and punitive damages as well as declaratory and injunctive relief, claiming that the defen…

On April 18, 2011, a prisoner formerly incarcerated at the New York State Green Haven Correctional Facility (GHCF) filed this pro se lawsuit in the U.S. District Court for the Southern District of New York against the GHCF, the New York State Department of Correctional Services, and the Queens County District Attorney's Office. Bringing this action under 42 U.S.C. § 1983, the plaintiff sought compensatory and punitive damages as well as declaratory and injunctive relief, claiming that the defendants violated his constitutional rights by searching his cell, confiscating legal papers, sentencing him to 3 years in the Secure Housing Unit (SHU), and failing to adequately protect him from other prisoners.

Specifically, the plaintiff alleged a Fourth Amendment claim resulting from a pat frisk and subsequent search of his prison cell, an Eighth Amendment cruel and unusual punishment claim resulting from his three-year sentence to SHU confinement, an Eighth Amendment claim regarding his altercation with a fellow prisoner, a Fourteenth Amendment due process claim arising in connection with his disciplinary hearing, and a right of access to the courts claim under the First and Sixth Amendments.

On December 1, 2011, U.S. District Judge Shira A. Scheindlin granted the District Attorney's Office defendants' motion to dismiss all claims against them. Peoples v. Fischer, No. 11-cv-02694, 2011 WL 6034374 (S.D.N.Y. 2012). On May 2, 2012, the Court allowed the Eighth Amendment claim regarding SHU confinement to proceed, rejecting all other claims. The court found that holding a prisoner in the SHU for two years might constitute cruel and unusual punishment. Peoples v. Fischer, No. 11-cv-02694, 2012 WL 1575302 (S.D.N.Y. 2012).

On June 26, 2012, Judge Scheindlin granted in part the defendants' motion to reconsider and dismissed all claims against one of the defendants for lack of personal involvement in the alleged conduct. Peoples v. Fischer, 898 F. Supp. 2d 618 (S.D.N.Y. 2012). However, Judge Scheindlin elaborated her thinking on the SHU issue, and declined to grant qualified immunity to the remaining defendants. Judge Scheindlin noted that the plaintiff's "placement in the SHU for such a time period was grossly disproportionate to the non-violent violation that he was found to have committed. He has therefore stated a plausible claim that defendants violated his Eighth Amendment right to be free from cruel and unusual punishment." (Judge Scheindlin also accepted the plaintiff's amended complaint; it incorporated the Court's May 2 rulings and waived any challenge that would affect the length of his confinement.)

On August 23, 2012, the New York Civil Liberties Union (assisted by students from the NYU Civil Rights Clinic) filed an appearance to represent the plaintiff. They filed an amended complaint on December 6, 2012. It dealt only with the issue of isolation, but broadened the action, framing it as a challenge to the constitutionality of "New York State's practice of arbitrarily sentencing tens of thousands of incarcerated individuals to months and years of extreme isolation and solitary confinement for alleged infractions that often present no threat to prison safety." The complaint alleged that New York State used extreme isolation as punishment more than any other prison system in the United States—4,300 prisoners on any given day lived in isolation (some for years at a stretch), "imposed as a sanction for offenses as minor as 'untidy cell or person,' 'unfastened long hair,' 'littering,' and 'unreported illness.'" The complaint claimed that the conditions in isolation are physically and mentally damaging and violated the Eighth Amendment and the Due Process Clause of the Fourteenth Amendment.

On February 19, 2014, the parties agreed to a stipulated stay of the litigation, during which the parties would work to reform the New York segregation system. The remedy for violation of the stipulation would be vacating the stay and proceeding with the litigation. The reforms included:

• An alternative to SHU sanctions for prisoners under the age of 18;

• A presumption against SHU sanctions for pregnant prisoners;

• Alternatives to SHU sanctions for prisoners with significant intellectual disabilities (entitled "Correctional Alternative Rehabilitation") which included several hours per day of out-of-cell group programming;

• Central office oversight of SHU confinement;

• New guidelines, policies, and training for confinement sanctions in prison disciplinary hearings; and

• Immediately increasing outdoor exercise time at several facilities, and providing headphones and "in-cell study packets" at others.

On December 16, 2015, the plaintiffs notified Judge Scheindlin that a final settlement agreement had been reached. The settlement provided for (1) a reduction in the frequency and duration of SHU sentences, (2) improvements to the conditions of SHU confinement, and (3) mechanisms for implementation and enforcement of the agreed-upon measures over a five-year period. The settlement agreement also required the defendants to pay $1.1 million for attorneys' fees and costs, including $129,900 as incentive awards for the class representatives, and up to $100,000 a year over the course of the settlement. The parties jointly moved for a conditional class certification in order to move forward for a fairness hearing for final approval of the settlement. Judge Scheindlin issued an order on December 23 providing preliminary approval of the settlement agreement and certifying the class.

On February 19, 2016, the case caption was amended to change the named defendant to Anthony Annucci, Acting Commissioner of the New York Department of Corrections and Community Supervision.

On June 15, 2015, the district court began receiving letters from class members voicing their concerns. After receiving a total of 164 letters, on March 21, 2016, the plaintiffs filed a final motion for settlement approval. On March 31, 2016, Judge Scheindlin approved the motion, finding the settlement agreement fair, reasonable, and adequate, and also noting that the majority of the letters submitted by class members were in support of the settlement agreement.

By stipulation of the parties, the case was dismissed on April 4, 2016, and the court retained jurisdiction for the purposes of enforcing the settlement agreement for the five-year period. Peoples v. Annucci, 180 F.Supp.3d 294 (S.D.N.Y. 2016). The case was then reassigned to Judge Andrew L. Carter, Jr. on April 16.

The parties filed an annual joint status report on June 5, 2017. According to the report, the parties had thus far worked together successfully and did not require the court's intervention. The report indicated that the defendants had implemented the changes called for in the first year of the Settlement Agreement, including the construction of capital improvements, the installation of rolling phone carts in all SHU cells, a tablet pilot program and, perhaps most importantly, the implementation of the Progressive Inmate Movement System (PIMS), a behavioral incentive program that provides prisoners in special housing units with greater benefits and privileges that reduce isolation and improves SHU conditions. The defendants provided the necessary training to its employees and revised their disciplinary guidelines. The parties also indicated that there were fewer prisoners sent to a SHU cell in the last year, and that those persons' stays in the SHU were shorter.

Following a meeting between the parties to discuss the second year implementation of the Settlement Agreement, the defendants issued a status update on June 5, 2018. The status update noted continued decrease in the number of incarcerated individuals serving time in a SHU cell, reduced lengths spent serving time in a SHU cell, and additional training and instructions for officers to charge incidents at the lowest appropriate tier level. Additionally, the defendants noted improvements in recreational and educational opportunities for people serving time in a SHU cell.

In 2019, New York Civil Liberties Union published a report on the current state of solitary confinement using data obtained in part from this litigation. Enforcement of the settlement is ongoing.

	Document
1:11-cv-02694	Docket [PACER] Peoples v. Annucci	March 20, 2021	March 20, 2021 Docket
2 1:11-cv-02694	Complaint Peoples v. Fischer	April 18, 2011	April 18, 2011 Complaint
37 1:11-cv-02694	Opinion and Order People v. Fischer	Dec. 1, 2011	Dec. 1, 2011 Order/Opinion 2011 WL 2011
49 1:11-cv-02694	Opinion and Order People v. Fischer	May 3, 2012	May 3, 2012 Order/Opinion 2012 WL 2012
51 1:11-cv-02694	Motion for reconsideration, and exhibits People v. Fischer	May 17, 2012	May 17, 2012 Pleading / Motion / Brief
52 11-cv-01294	Amended Complaint People v. Fischer	June 1, 2012	June 1, 2012 Complaint
53 1:11-cv-02694	Opinion and Order (on reconsideration) People v. Fischer	June 26, 2012	June 26, 2012 Order/Opinion 898 F.Supp.2d 898
84 1:11-cv-02694	Second Amended Complaint Peoples v. Fischer	Dec. 6, 2012	Dec. 6, 2012 Complaint
93 1:11-cv-02694	Third Amended Class Action Complaint Peoples v. Fischer	March 6, 2013	March 6, 2013 Complaint
117 1:11-cv-02694	Stipulation and Order Peoples v. Fischer	May 1, 2013	May 1, 2013 Order/Opinion

ECF Number	Description	Date	Link Date / Link
	Case Designated ECF. (rdz)	April 18, 2011	April 18, 2011 PACER
1	DECLARATION IN SUPPORT OF REQUEST TO PROCEED IN FORMA PAUPERIS. Document filed by Leroy Peoples.(rdz)	April 18, 2011	April 18, 2011 PACER
2	COMPLAINT against Karen Bellamy, Norman Bezio, Richard A. Brown, Peter A. Crusco, Drown, Brian Fischer, LJard, Lucien J. LeClaire, Jr, William Lee, Malare, K O' Connor, Office of Counsel, D. Rock, Eric C. Rosenbaum. Document filed by Leroy Peoples.(rdz)	April 18, 2011	April 18, 2011 PACER
	Request for Copies/Transcripts/Docket Sheet Received: Request for Status of petition from Leroy Peoples received on 4/25/11. (kj)	April 29, 2011	April 29, 2011 PACER
	Docket Sheet Mailed: Request from Leroy Peoples mailed on 4/29/11. (kj)	April 29, 2011	April 29, 2011 PACER
	Request for Copies/Transcripts/Docket Sheet Received: Request for Requesting Acknowledgment of receipt of 42U.S.C. 1983,1985 from LeRoy Peoples received on 4/29/11. (kj)	May 3, 2011	May 3, 2011 PACER
	Request for Requesting Acknowledgment of receipt of 42 U.S.C. 1983,1985 from LeRoy Peoples: Docket Sheet mailed on 5/3/11. (kj)	May 3, 2011	May 3, 2011 PACER
	Pro Se Acknowledgment Letter Mailed: Pro Se acknowledgment letter mailed to the plaintiff via USPS to the address noted on the Complaint on 5/4/2011. (kj)	May 4, 2011	May 4, 2011 PACER
	Request for Copies/Transcripts/Docket Sheet Received: Request for Letter dated April 28, 2011, Requesting the Court to Acknowledge receipt of my 42 U.S.C. 1983 from LeRoy Peoples received on 5/2/2011. (kj)	May 4, 2011	May 4, 2011 PACER
	Request for Copies/Transcripts/Docket Sheet Mailed: Request for Docket Sheet from LeRoy Peoples mailed on 5/4/2011. (kj)	May 4, 2011	May 4, 2011 PACER
	Case Designated Local Rule 33.2. (jjg)	May 6, 2011	May 6, 2011 PACER
3	ORDER GRANTING IFP APPLICATION: Leave to proceed in this Court without of fees is authorized. 28 U.S.C. 1915. (Signed by Judge Loretta A. Preska on 5/6/2011) (mbe)	May 6, 2011	May 6, 2011 PACER
	Magistrate Judge Debra C. Freeman is so designated. (sjo)	May 10, 2011	May 10, 2011 PACER
4	NOTICE OF CASE ASSIGNMENT to Judge Shira A. Scheindlin. Judge Unassigned is no longer assigned to the case. (sjo)	May 10, 2011	May 10, 2011 PACER
	Mailed notice re: 4 Notice of Case Assignment/Reassignment to the attorney(s) of record. (sjo)	May 11, 2011	May 11, 2011 PACER
6	ORDER: The plaintiff is directed to have the Summons and Complaint promptly served on the defendants by filling out and forwarding to the United States Marshals Service the forms to be provided to plaintiff by the Pro Se Office. If service is not made upon the defendants by September 23, 2011, and plaintiff fails to show good cause why such service has not been effected, the Court will dismiss this action. The Pro Se Office at the United States Courthouse, 500 Pearl Street, New York, New York 10007, telephone number (212) 805-0175, may be of assistance in connection with court procedures but cannot give legal advice. (Signed by Judge Shira A. Scheindlin on 5/11/2011) (jpo)	May 11, 2011	May 11, 2011 PACER
	Request for Pro Se Manual: Request for manual received from Leroy Peoples on 5/9/11. The Pro Se Office will distribute one free copy of the Pro Se Manual to each pro se litigant who has been granted in forma pauperis status pursuant to 28 U.S.C. Section 1915 to bring a civil action after July 1, 2007. (kj)	May 12, 2011	May 12, 2011 PACER
	SUMMONS ISSUED as to Karen Bellamy, Norman Bezio, Richard A. Brown, Peter A. Crusco, Drown, Brian Fischer, LJard, Lucien J. LeClaire, Jr, William Lee, Malare, K O' Connor, Office of Counsel, D. Rock, Eric C. Rosenbaum. (jcs)	May 18, 2011	May 18, 2011 PACER
	Authorization Deduction Letter Mailed to Upstate Correctional Facility on 05/18/2011. (jcs)	May 18, 2011	May 18, 2011 PACER
	FRCP 4 (Service Package Mailed) to plaintiff at the address noted on the complaint/court's docket on 05/18/2011 via Federal Express AIRBILL # 874803529269. The service package included: an original summons, copies of the summons, a certified In Forma Pauperis Application (IFP), copies of the IFP, complaint, United States Marshal (U.S.M.-285) forms, a pro se handbook, change of address postcards, Judge's individual rules, instructions on how to file a motion and opposition, instructions on filing an amended complaint, application for counsel, a consent to proceed before a Magistrate Judge, and affirmation of service forms. (jcs)	May 18, 2011	May 18, 2011 PACER
	Docket Sheet, and Federal Express receipt confirmation of delivery of Rule 4 service package mailed to Leroy Peoples on 5/23/11. (kj)	May 23, 2011	May 23, 2011 PACER
	Prisoner Trust Fund Account Statement by Leroy Peoples received on 6/6/2011.(mt)	June 6, 2011	June 6, 2011 PACER
	Set Deadlines/Hearings: Motions due by 8/15/2011. (djc)	July 12, 2011	July 12, 2011 PACER
9	ORDER. Defendants have indicated to the Court their intent to file a Motion to Dismiss. Defendants are ordered to file their motion by August 15, 2011. If plaintiff wishes to oppose defendants' motion, he must submit opposition papers. As plaintiff is proceeding pro se, it is hereby ORDERED that plaintiff file opposition papers, if any, to defendants' motion by September 15, 2011. All papers must be sent to the Court's Pro Se Office at 500 Pearl Street, Room 230, New York, New York 10007, and must be served upon defendants' counsel. If plaintiff submits opposition papers, defendants' reply will be due by September 29, 2011. IT IS FURTHER ORDERED that if plaintiff fails to comply with this Order, this Court will decide the motion on the papers submitted by defendants.(Responses due by 9/15/2011, Replies due by 9/29/2011.) (Signed by Judge Shira A. Scheindlin on 7/12/11) (djc)	July 12, 2011	July 12, 2011 PACER
11	Request for Copies/Transcripts/Docket Sheet Received: Request for Docket Sheet from LeRoy Peoples received on August 3, 2011. Request for Copies/Transcripts/Docket Sheet Mailed: Request for Docket Sheet from LeRoy Peoples mailed on August 8, 2011. (vn)	Aug. 8, 2011	Aug. 8, 2011 PACER
12	MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED Summons and Complaint, served. Ward served on 7/26/2011, answer due 8/16/2011. Service was accepted by Wiliam Gonzalez. Document filed by Leroy Peoples. (cd)	Aug. 9, 2011	Aug. 9, 2011 PACER
13	MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED Summons and Complaint, served. Lucien J. LeClaire, Jr served on 7/13/2011, answer due 8/3/2011. Service was accepted by Wiliam Gonzalez. Document filed by Leroy Peoples. (cd)	Aug. 9, 2011	Aug. 9, 2011 PACER
14	MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED Summons and Complaint, served. Norman Bezio served on 6/28/2011, answer due 7/19/2011. Service was accepted by personal service. Document filed by Leroy Peoples. (cd)	Aug. 9, 2011	Aug. 9, 2011 PACER
15	MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED Summons and Complaint, served. D. Rock served on 6/22/2011, answer due 7/13/2011. Service was accepted by personal service. Document filed by Leroy Peoples. (cd)	Aug. 9, 2011	Aug. 9, 2011 PACER
16	MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED Summons and Complaint, served. Drown served on 6/23/2011, answer due 7/14/2011. Service was accepted by Wiliam Gonzalez. Document filed by Leroy Peoples. (cd)	Aug. 9, 2011	Aug. 9, 2011 PACER
17	MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED Summons and Complaint, served. Brian Fischer served on 6/20/2011, answer due 7/11/2011. Service was accepted by Wiliam Gonzalez. Document filed by Leroy Peoples. (cd)	Aug. 9, 2011	Aug. 9, 2011 PACER
18	MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED Summons and Complaint, served. Eric C. Rosenbaum served on 6/20/2011, answer due 7/11/2011. Service was accepted by personal service. Document filed by Leroy Peoples. (cd)	Aug. 9, 2011	Aug. 9, 2011 PACER
19	MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED Summons and Complaint, served. Richard A. Brown served on 6/20/2011, answer due 7/11/2011. Service was accepted by Lois Raff. Document filed by Leroy Peoples. (cd)	Aug. 9, 2011	Aug. 9, 2011 PACER
20	MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED Summons and Complaint, served. Peter A. Crusco served on 6/20/2011, answer due 7/11/2011. Service was accepted by personal service. Document filed by Leroy Peoples. (cd)	Aug. 9, 2011	Aug. 9, 2011 PACER
21	MOTION to Dismiss pursuant to Fed. R. Civ. P. 12(b)(6). Document filed by Richard A. Brown, Peter A. Crusco, Eric C. Rosenbaum. Responses due by 9/15/2011(Shaffer, Ryan)	Aug. 15, 2011	Aug. 15, 2011 RECAP
22	MEMORANDUM OF LAW in Support re: [21] MOTION to Dismiss pursuant to Fed. R. Civ. P. 12(b)(6).. Document filed by Richard A. Brown, Peter A. Crusco, Eric C. Rosenbaum. (Attachments: # (1) Appendix Lexis Nexis Cases, # (2) Appendix Lexis Nexis Cases)(Shaffer, Ryan) 1 Appendix Lexis Nexis Cases View on PACER 2 Appendix Lexis Nexis Cases View on PACER	Aug. 15, 2011	Aug. 15, 2011 RECAP
23	DECLARATION of Ryan G. Shaffer in Support re: [21] MOTION to Dismiss pursuant to Fed. R. Civ. P. 12(b)(6).. Document filed by Richard A. Brown, Peter A. Crusco, Eric C. Rosenbaum. (Attachments: # (1) Exhibit Complaint Pt 1, # (2) Exhibit Complaint Pt 1)(Shaffer, Ryan) 1 Exhibit Complaint Pt 1 View on PACER 2 Exhibit Complaint Pt 1 View on PACER	Aug. 15, 2011	Aug. 15, 2011 PACER
24	NOTICE of pursuant to Local Civil Rule 12.1 re: [21] MOTION to Dismiss pursuant to Fed. R. Civ. P. 12(b)(6).. Document filed by Richard A. Brown, Peter A. Crusco, Eric C. Rosenbaum. (Shaffer, Ryan)	Aug. 15, 2011	Aug. 15, 2011 PACER
25	Request for Copies/Transcripts/Docket Sheet Received: Request for Docket Sheet from Leroy People received on August 10, 2011. Request for Copies/Transcripts/Docket Sheet Mailed: Request for Docket Sheet from Leroy People mailed on August 18, 2011. (Attachments: # (1) Docket Sheet) (vn) 1 Docket Sheet View on PACER	Aug. 18, 2011	Aug. 18, 2011 PACER
26	ORDER: The time for defendants Brian Fischer, Lucien LeClaire, Curtis Drown, Norman Bezio, David Rock, and Richard Ward to answer, move or otherwise respond to the Complaint is hereby extended until October 7, 2011. (Signed by Judge Shira A. Scheindlin on 8/25/2011) (laq)	Aug. 25, 2011	Aug. 25, 2011 PACER

Case: Peoples v. Fischer (Peoples v. Annucci)

1:11-cv-02694 | U.S. District Court for the Southern District of New York

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