Filed Date: Sept. 22, 1981
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On September 22, 1981, New York state inmates filed a class action lawsuit under 42 U.S.C. § 1983 against the New York State Department of Corrections in the U.S. District Court for the Southern District of New York. The plaintiffs, represented by Prisoners Legal Services of New York, asked the District Court for declaratory and injunctive relief, alleging that their constitutional rights had been violated by the visitation procedures at the state prisons.
On March 22, 1982, the U.S. District Court for the Southern District of New York (Judge Charles E. Stewart, Jr.) granted declaratory and injunctive relief to the plaintiffs, holding that the prisoners had a constitutionally protected liberty interest in receiving the visitors of their choice. Kozlowski v. Coughlin, 539 F.Supp. 852 (S.D.N.Y. 1982).
In May, 1983, the parties entered into a Consent Decree, which provided for new procedural rules for the prison system's revocation or suspension of visitation privileges. In 1988, the defendants asked the District Court to modify the Consent Decree. On September 23, 1988, the District Court (Judge Stewart) denied most of the modification requests, and the defendants appealed. On March 17, 1989, the U.S. Court of Appeals for the Second Circuit (Judge Irving Robert Kaufman) affirmed. On April 5, 1989, the District Court (Judge Stewart) entered an amended opinion, detailing which modifications of the Consent Decree would be allowed. The modifications allowed for the accumulation of different acts of misconduct involving the same visitor and increased the visitation suspensions for drug-related offenses. Kozlowski v. Coughlin, 711 F.Supp. 83 (S.D.N.Y. 1983).
In 2001, the defendants asked the District Court to terminate the Consent Decree pursuant to the Prison Litigation Reform Act, 18 U.S.C. §3626. On November 26, 2001, the District Court (Judge Lawrence M. McKenna) granted the defendants' request and terminated the Decree. Kozlowski v. Coughlin, No. 81-5886, 81-2355, 2001 WL 1506010 (S.D.N.Y. Nov. 26, 2001). According to the PACER docket (accurate as of 9/16/2005), Plaintiffs filed a notice of appeal. There was no further activity noted on the docket, so it is unclear whether the appeal was dismissed.
Summary Authors
Kristen Sagar (11/10/2006)
Benson, James D. (New York)
Gombiner, Robert (New York)
Abrams, Robert W. (New York)
Becker, Joann M. (New York)
Howard, Richard M. (New York)
Kaufman, Irving Robert (New York)
Marin, Alan C. (New York)
McKenna, Lawrence M. (New York)
Sotomayor, Sonia (District of Columbia)
Stewart, Charles E. Jr. (New York)
Last updated Jan. 28, 2024, 3:08 a.m.
State / Territory: New York
Case Type(s):
Key Dates
Filing Date: Sept. 22, 1981
Case Ongoing: No
Plaintiffs
Plaintiff Description:
Prisoners in New York State Prisons
Attorney Organizations:
Prisoners' Legal Services of New York (PLSNY)
Public Interest Lawyer: Yes
Filed Pro Se: No
Class Action Sought: Yes
Class Action Outcome: Granted
Defendants
New York State Dept. of Correctional Services, State
Case Details
Causes of Action:
Constitutional Clause(s):
Available Documents:
Outcome
Prevailing Party: Plaintiff
Nature of Relief:
Injunction / Injunctive-like Settlement
Source of Relief:
Form of Settlement:
Court Approved Settlement or Consent Decree
Order Duration: 1982 - 2001
Issues
Jails, Prisons, Detention Centers, and Other Institutions:
Type of Facility: