Case: Clarkson v. Coughlin

1:91-cv-01792 | U.S. District Court for the Southern District of New York

Filed Date: March 15, 1991

Case Ongoing

Clearinghouse coding complete

Case Summary

On March 15, 1991, deaf inmates at state prisons in New York filed a class action lawsuit under the Americans With Disabilities Act (ADA), 42 U.S.C. § 12131, 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 the Prisoners' Rights Project of the Legal Aid Society, sought declaratory and injunctive relief, alleging that their constitutional rights had been violated by the defendants' failure to provide them with access to the programs and services that were routinely accorded to hearing inmates. The inmates further alleged that the defendants violated their right to equal protection by granting male inmates, but not female inmates, access to the sensorially disabled unit (SDU) at one prison.

The suit was originally filed by a deaf prisoner and other prisoners sought to intervene. On Feb. 3, 1992, the U.S. District Court for the Southern District of New York (Judge Robert W. Sweet) held that the individual prisoner's claims were moot since she was out on parole; that dismissal of the individual claims did not warrant dismissal of the class claims; that other prisoners not able to transfer to the hearing-impaired unit would be allowed to intervene; and that class certification was appropriate, with separate subclasses for male and female prisoners, but the court refused to grant class status of the female prisoners until their numbers could be approximated. 783 F.Supp. 789. The court granted class certification on January 25, 1993. 145 F.R.D. 339.

On June 16, 1995, the U.S. District Court for the Southern District of New York granted the plaintiffs' motion for summary judgment, holding that the defendants' failures violated all statutes and constitutional provisions under which the plaintiffs sought relief, thus warranting declaratory and injunctive relief. The court held that the defendants should have provided the deaf inmates with sign language interpreter services and other assistive communication devices during reception, classification, educational, vocational, counseling, medical, and mental health encounters, as well as during disciplinary, grievance, and parole proceedings. 898 F.Supp. 1019. The defendants appealed. USCA Docket: 100−1.

On November 22, 1995, the U.S. Court of Appeals for the Second Circuit determined sua sponte that it lacked jurisdiction over the appeal because the notice of appeal was untimely and because a final order had not been issued by the district court.

On June 10, 1996, the district court issued a consent decree and closed the case. The consent decree provided for notice and assessment of the needs of deaf inmates, classification procedures, provision of sign language interpreters and other auxiliary aids and devices, staff education and training, and record keeping. On December 4, 1996, the parties settled the plaintiffs' request for attorneys fees and costs without any admission of wrongdoing by any party.

In October 2003, Judge Sweet issued an order that requires members of the Clarkson class to submit their complaints to the state ombudsperson for resolution. The ombudsperson must decide if the complainant is a member of the Clarkson class and whether a violation of the consent decree occurred before the complainant can file a motion for contempt or enforcement. If a prisoner seeks monetary relief to enforce the consent decree, he or she must file a formal complaint to initiate a new civil action which will be designated as related to the Clarkson lawsuit. If a formal complaint is filed, class counsel (the Legal Aid Society) is notified. Since the issuance of the consent decree, Judge Sweet treated lawsuits alleging violations of the Clarkson consent decree as de facto motions for contempt filed in the Clarkson action itself.

Since the consent decree was issued, numerous prisoners with hearing disabilities have filed complaints alleging violations of the Clarkson consent decree. Judge Sweet considered these motions in the original lawsuit for an order of contempt to compel the defendants to comply with the Clarkson consent decree. Other than the two motions discussed below, Judge Sweet has denied all motions for enforcement of the consent decree.

In 2006, class counsel for the plaintiff class moved to enter an order for notice to the class to provide the Clarkson class with notice of the court's October 23, 2003 order. The 2003 order requires members of the class to direct complaints about violations of the consent decree to the appointed ombudsperson before filing a motion for contempt with the court. On March 10, 2006, Judge Sweet granted the motion and entered the proposed order granting notice to the Clarkson class members. 2006 WL 587345.

In 2013, an individual prisoner moved pro se under the June 6, 1996 Clarkson consent decree and the October 23, 2003 order in an action for civil contempt for violating the consent decree. He filed three versions of his motion for contempt in September, October, and December 2013. The plaintiff claims that correctional officers destroyed his hearing aid and assaulted him because of his disability. He also alleged that he was not provided with replacement hearing aids or batteries. On August 29, 2014, Judge Sweet denied the motion because the plaintiff was not a member of the Clarkson class. Over the years the plaintiff was incarcerated, multiple audiologists examined the plaintiff and concluded that his hearing loss was not severe, and that he may not have any hearing loss at all. Furthermore, the plaintiff did not follow the procedures outlined in the consent decree that required him to contact the ombudsperson before filing a complaint. 2014 WL 4290699.

In 2019, the case was reassigned to Judge Coleen McMahon after Judge Sweet passed away. On June 3, 2019 another prisoner filed a motion for contempt of the Clarkson consent decree. The plaintiff alleged that he was improperly denied access to a telephone communication device for the deaf and that he was improperly denied access to a television viewing recreation room used by the deaf. Judge McMahon denied the plaintiff's motion on April 22, 2020. The plaintiff was diagnosed as "hard of hearing" and not "deaf", and so he was not entitled to the accommodations which he sought. According to the court, the plaintiff did not show by clear and convincing evidence that the consent decree was violated Additionally, his claims for declaratory and injunctive relief against prison officials at Woodburne Correctional Facility were moot because he was transferred to a different correctional facility. 2020 WL 1941873.

On December 27, 2021, another plaintiff, appearing pro se, filed an application seeking relief for an alleged violation of the Clarkson consent decree. He alleged that he filed several requests for accommodations for his hearing loss, all of which went unanswered. The defendant filed a letter response to the Court, indicating that the plaintiff’s request for accommodations had, in fact, been granted. Thus, the court denied this motion for contempt as moot on March 21, 2021.

On September 16, 2025, a group of prisoners, as well as those similarly situated at their prison, filed individual and class action complaints and consent decree violations. In addition to alleging violation of the Clarkson decree, the plaintiffs also alleged violations of the general prohibitions against discrimination under the Americans with Disabilities Act Title II regulations. The plaintiffs claim that, because of an allegedly illegal prison employee strike, the prison lacked the necessary personnel to ensure that the prisoners received their accommodations. As of April 2026, the case is ongoing as the court awaits the defendant’s answer to this complaint, having granted several extensions.

Summary Authors

Kristen Sagar (10/31/2006)

Sabrina Glavota (5/28/2020)

Clara Swetnam-Burland (4/18/2026)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/4547778/parties/clarkson-v-coughlin/

Judge(s)

Attorney for Plaintiff

Barnett, Helaine (New York)

Boston, John (New York)

Attorney for Defendant

Abrams, Robert W. (New York)

Expert/Monitor/Master/Other

Arden, James Daniel (New York)

Booth, Jane E. (New York)

Judge(s)

McMahon, Colleen (New York)

Sweet, Robert Workman (New York)

Attorney for Plaintiff

Barnett, Helaine (New York)

Boston, John (New York)

Curtin, Teresa A. (New York)

Finkel, Kalman (New York)

Gemmell, Antony Philip (New York)

Ginsberg, Betsy R. (New York)

Hellerstein, William E. (New York)

Hsu, Caroline Sandra (New York)

Lithgow, Bismark (New York)

Nakamura, Lauren (New York)

Rosenberg, Scott Alan (New York)

Short, Stefen Russell (New York)

Zelermyer, Milton (New York)

Attorney for Defendant

Abrams, Robert W. (New York)

Curtis, Edward Joseph Jr. (New York)

Harben, Jeb (New York)

Hronsky, Rosalie J. (New York)

Jr, Edward J. (New York)

Lahiff, Jeanne (New York)

Lieberman, Frederic L. (New York)

Sanders, Charles F. (New York)

Singelton, Valerie (New York)

Turbin, Ronald (New York)

Vacco, Dennis C. (New York)

Other

Arden, James Daniel (New York)

Booth, Jane E. (New York)

Sabel, Janet E. (New York)

Skarstad, Robin Beck (New York)

Attorney Contact Information via CourtListener

Documents in the Clearinghouse

Documents in this case

1:91-cv-01792	Docket (PACER)	April 22, 2020	April 22, 2020 Docket
1:91-cv-01792	Opinion	Feb. 3, 1992	Feb. 3, 1992 Order/Opinion 783 F.Supp. 789
46 1:91-cv-01792	Opinion	Jan. 25, 1993	Jan. 25, 1993 Order/Opinion 145 F.R.D. 339
98 1:91-cv-01792	Opinion	June 16, 1995	June 16, 1995 Order/Opinion 898 F.Supp. 1019
1:91-cv-01792	Consent Judgment and Order Clarkson v. Coughlin	June 6, 1996	June 6, 1996 Order/Opinion
1:91-cv-01792	Correspondence Clarkson v. Coughlin	June 21, 1996	June 21, 1996 Correspondence
132 1:91-cv-01792	Memorandum Opinion	March 6, 2006	March 6, 2006 Order/Opinion 2006 WL 587345
166 1:91-cv-01792	Opinion Clarkson v. Goord	Aug. 27, 2014	Aug. 27, 2014 Order/Opinion 2014 WL 4290699
177-4 1:91-cv-01792	Directive 2612	Sept. 17, 2019	Sept. 17, 2019 Statute/Ordinance/Regulation
188 1:91-cv-01792	Memorandum and Order Clarkson v. Goord	April 22, 2020	April 22, 2020 Order/Opinion 2020 WL 1941873

show / hide documents

Resources

Resources related to this case
Title	Description		External URL Date / External URL
White Paper: Effective Communication with Deaf, Hard of Hearing, Blind, and Low Vision Incarcerated People Tessa Bialek and Margo Schlanger	This version of the white paper is screen readable. A large print (but not screen readable) version of the white paper is available here…	July 2022	July 7, 2022

show / hide resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4547778/clarkson-v-coughlin/

Last updated April 18, 2026, 8:23 p.m.

ECF Number	Date	Description	Link
1	March 15, 1991	ORDER TO COMMENCE ACTION IN FORMA PAUPERIS,...that Doris Clarkson is permitted to commence and prosecute this action without being required to prepay costs or fees or to give secuirty therefore. ( signed by Judge Thomas P. Griesa ); Copies mailed Attached is the Affidavit of Doris Clarkson... (mj) (Entered: 03/22/1991)	RECAP
2	March 15, 1991	CLASS ACTION COMPLAINT filed; Summons issued and Notice pursuant to 28 U.S.C. 636(c); RECEIPT # NO FEE (mj) (Entered: 03/22/1991)	RECAP
3	March 27, 1991	Affidavit of service as to Robert Greifinger by Robert Greifinger, person srvd on 3/15/91 Answer due on 4/4/91 for Robert Greifinger (mj) (Entered: 03/28/1991)	RECAP
4	May 1, 1991	ORDER,...that any agreement by defts to provide such services to pltff shall be without prejudice to this Court's ultimate determination of this action;..that any agreement by defts to provide such services shall not be construed to make pltff a prevailing party for purposes of recovery of attys' fees purs. to 42 U.S.C. 1988;...that defts produce copies of pltff's prison and parole files by 5:00 p.m. on 4/25/91, together with a letter listing all documents not produced by defts by reason of a claimed privilege and setting forth the privilege assertted by defts;... set answer due for 5/6/91 for Raul Russi, for Elaine A. Lord, for Marion Borum, for Robert Greifinger, for Thomas A. Coughlin III ( signed by Judge Robert W. Sweet ); Copies mailed (mj) (Entered: 05/08/1991)	RECAP
5	May 10, 1991	FIRST AMENDED CLASS ACTION COMPLAINT, (Answer due 5/20/91 for Raul Russi, for Elaine A. Lord, for Marion Borum, for Robert Greifinger, for Thomas A. Coughlin III ) amending [2-1] complaint ; Summons issued. (mj) (Entered: 05/16/1991)	RECAP
6	May 17, 1991	ANSWER to Complaint by Thomas A. Coughlin III, Robert Greifinger, Elaine A. Lord, Raul Russi (Attorney Edward Joseph Curtis),; jury demand; Firm of: RA by attorney Edward Joseph Curtis for defendant Raul Russi (mj) (Entered: 05/24/1991)	RECAP
7	June 19, 1991	NOTICE OF MOTION by Thomas A. Coughlin III, Robert Greifinger, Elaine A. Lord, Raul Russi for summary judgment, Return date 6/30/91 (vb) (Entered: 06/21/1991)	RECAP
8	June 19, 1991	MEMORANDUM by Thomas A. Coughlin III, Robert Greifinger, Elaine A. Lord, Raul Russi in support of [7-1] motion for summary judgment or alternatively, motion to change venue. (vb) (Entered: 06/21/1991)	RECAP
9	July 10, 1991	Filed Memo_Endorsement on letter dated 7-8-91, from Pltff's Atty The Legal AId Society, Civil Division, Civil Appeals & Law Reform Unit, (BY: Janet Sabel), Addressed to Hon. RWS, J.,...in re: ..The purpose of this letter is to request a two week extension of time to reply to defts' motion for summary judgment seeking to dismiss pltff's complaint as moot. ...SO ORDERED. ( signed by Judge Robert W. Sweet ) (mj) (Entered: 07/11/1991)	RECAP
10	Aug. 9, 1991	NOTICE OF MOTION by Doris Clarkson to intervene by Rodney Thomas, Larry Randall, Janice Whan, Scott Cameron Phelps, James White, for joinder of Victor Herbert, Walter Kelly, Bridget Gladwin, Arthur Leonardo, Carol Berry, Richard C. Surles and Susan Butler as parties defts in this action, to certify class action, Return date 9/5/91 (mj) (Entered: 08/09/1991)	RECAP
11	Aug. 9, 1991	MEMORANDUM by Doris Clarkson, Rodney Thomas, Larry - Randall, Janice Whan, Scott Cameron Phelps, James White in opposition to [7-1] motion for summary judgment and to change venue. (mj) (Entered: 08/09/1991)	RECAP
12	Aug. 9, 1991	DECLARATION OF JANET SABEL in opposition by Doris Clarkson, Rodney Thomas, Larry - Randall, Janice Whan, Scott Cameron Phelps, James White [7-1] motion for summary judgment and to change venue. (mj) (Entered: 08/09/1991)	RECAP
13	Aug. 9, 1991	Counter Statement Purs. to Local Rule 3(g) statement filed by Doris Clarkson, Rodney Thomas, Larry - Randall, Janice Whan, Scott Cameron Phelps, James White (mj) (Entered: 08/14/1991)	RECAP
14	Aug. 14, 1991	AFFIRMATION OF SERVICE by Doris Clarkson, Proposed Pltff-Interveners ...service of Notice of Motion for Intervention, Joinder and Class Certification; Pltffs' Counter Statement Purs. to Local Rule 3(g); Declaration of Janet Sabel in Support of Pltffs' Motions...; Pltffs' Memorandum in Support of Pltffs' Motion for Intervention... served upon: Robert Abrams, Atty for Defts BY: Not Indicated ON: 7-29-91. served upon: Proposed Deft Bridget Gladwin BY: Bonnie Thornhill, Senior Clerk, Taconic Corr. Fac. Inmate Records ON: 8-7-91. served upon: Proposed Deft Bridget Gladwin BY: Mail ON: 8-7-91. served upon: Superintendent Carl Berry BY: James Dirie, Inmate Records Coordinator ON: 8-7-91. served upon: Carl Berry BY: James Dirie, Inmate Records Coordinator ON: 8-7-91. served upon: Proposed Deft Carl Berry BY: Mail ON: 8-8-91. (mj) (Entered: 08/14/1991)	RECAP
15	Aug. 27, 1991	Affidavit of service as to Walter Kelly, Superintendent by Brenda Allen on 8/8/91 Answer due on 4/4/91 (ar) (Entered: 08/29/1991)	RECAP
16	Sept. 4, 1991	STIPULATION and ORDER...that the schedule in connection with Defts motion for summary judgment and to change venue and Pltff's motion for intervention, joinder, and class certification shall be modified to permit opposing papers to be served and filed by 10/15/91, reply papers to be served and filed by 10/29/91 and argument to be heard on 10/31/91. ( signed by Judge Robert W. Sweet ). (mj) (Entered: 09/12/1991)	RECAP
17	Sept. 12, 1991	CORRECTED AFFIDAVIT OF SERVICE by Clarkson of Proposed-Pltffs-Interveners Notice of Motion for intervention, joinder, and class certification, the Memorandum in support of Pltffs' Motionf or intervention, etc., the Counter Statement of Facts Purs. to Local Civil Rule 3(g), and the Declaration in support of Motion for intervention etc. served upon: Proposed-Deft Arthur Leonardo BY: Marilyn Brileya ON: 8-8-91: upon: Proposed-Deft Arthur Leonardo, Supt. BY: Marilyn Brileya ON: 8-8-91: upon: Proposed-Deft Richard Surles BY: John Petrila ON: 8-6-91. upon: Proposed-Deft Richard Surles, Comm. of N.Y. State Off. of Mental Hlth. BY: John Petrila ON: 8-6-91. (mj) (Entered: 09/13/1991)	RECAP
18	Dec. 12, 1991	MEMORANDUM by Thomas A. Coughlin III, Robert Greifinger, Elaine A. Lord, Raul Russi in opposition to [10-1] motion to intervene by Rodney Thomas, Larry Randall, Janice Whan, Scott Cameron Phelps, James White, [10-2] motion for joinder of Victor Herbert, Walter Kelly, Bridget Gladwin, Arthur Leonardo, Carol Berry, Richard C. Surles and Susan Butler as parties defts in this action, [10-3] motion to certify class action (Forward to Chambers) (mj) (Entered: 12/13/1991)	RECAP
19	Dec. 16, 1991	STIPULATION and ORDER AND PROTECTIVE ORDER,...the declarations served on pltff's counsel on 11-15-91, in opposition to the pltff's and proposed pltffs' motions for intervention, joinder, and class certification shall be filed with the Court under seal. ( signed by Judge Richard Owen, Part I ). (mj) (Entered: 12/17/1991)	RECAP
20	Dec. 17, 1991	MEMORANDUM by Doris Clarkson in further support of [10-1] motion to intervene by Rodney Thomas, Larry Randall, Janice Whan, Scott Cameron Phelps, James White, [10-2] motion for joinder of Victor Herbert, Walter Kelly, Bridget Gladwin, Arthur Leonardo, Carol Berry, Richard C. Surles and Susan Butler as parties defts in this action, [10-3] motion to certify class action (Forward to Chambers) (mj) (Entered: 12/18/1991)	RECAP
21	Dec. 17, 1991	DECLARATION OF JANET E. SABEL in further support by Doris Clarkson [10-1] motion to intervene by Rodney Thomas, Larry Randall, Janice Whan, Scott Cameron Phelps, James White, [10-2] motion for joinder of Victor Herbert, Walter Kelly, Bridget Gladwin, Arthur Leonardo, Carol Berry, Richard C. Surles and Susan Butler as parties defts in this action, [10-3] motion to certify class action (Forward to Chambers) (mj) Modified on 12/18/1991 (Entered: 12/18/1991)	RECAP
22	Dec. 17, 1991	REPLY MEMORANDUM by Thomas A. Coughlin III, Robert Greifinger, Elaine A. Lord, Raul Russi re: in further support of [7-1] motion for summary judgment or, alternatively, motion for change of venue. (Forward to Chambers) (mj) (Entered: 12/18/1991)	RECAP
23	Dec. 17, 1991	DECLARATION OF EDWARD J. CURTIS JR. in support by Thomas A. Coughlin III, Robert Greifinger, Elaine A. Lord, Raul Russi ...in further support of the defts' motion purs. to 28 USC 1404(a) for a change of venue to the U.S.D.C. for the Northern Dist. of New York. (Forward to Chambers) (mj) (Entered: 12/18/1991)	RECAP
24	Feb. 4, 1992	ORDER TO SHOW CAUSE: Show Cause Hearing set for 12:00 3/29/91 for preliminary injunction enjoining defts to: provide Ms. Clarkson with access to qualified sign language interpreters...purge from Ms. Clarkson's record every conviction for disciplinary infractions..grant Ms. Clarkson the credits to which she would have been entitled..promulgate rules and proc. for protecting the rights and privileges of Ms. Clarkson... ..service not to be later than...3/26/91.. ( signed by Judge Robert W. Sweet ); Copies mailed Attached is the Affidavit of Janet Sabel in support. (Dktd per instructions of Chambers) (mj) (Entered: 02/11/1992)	RECAP
25	Feb. 4, 1992	MEMORANDUM by Doris Clarkson in support of [24-1] relief for preliminary injunction enjoining defts to: provide Ms. Clarkson with access to qualified sign language interpreters...purge from Ms. Clarkson's record every conviction for disciplinary infractions..grant Ms. Clarkson the credits to which she would have been entitled..promulgate rules and proc. for protecting the rights and privileges of Ms. Clarkson..., [24-2] motion (Dktd per instructions of Chambers) (mj) (Entered: 02/11/1992)	RECAP
26	Feb. 4, 1992	AFFIDAVIT in opposition of Barbara Simmons by Thomas A. Coughlin III, Robert Greifinger, Marion Borum, Elaine A. Lord, Raul Russi Re: [24-1] relief for preliminary injunction enjoining defts to: provide Ms. Clarkson with access to qualified sign language interpreters...purge from Ms. Clarkson's record every conviction for disciplinary infractions..grant Ms. Clarkson the credits to which she would have been entitled..promulgate rules and proc. for protecting the rights and privileges of Ms. Clarkson..., [24-2] motion (Dktd per instructions of Chambers) (mj) (Entered: 02/11/1992)	RECAP
27	Feb. 4, 1992	Affidavit of Service By Mail of Pltff's Order to Show Cause and Memorandum in support of Motion for a preliminary injunction served upon: Thomas Coughlin III BY: Mail ON: 3/26/91; Robert Greifinger BY: Mail ON: 3/26/91; Marion Borum BY: Mail ON: 3/26/91; Raul Russi BY: Mail ON: 3/26/91; Elaine A. Lord BY: Mail ON: 3/26/91. (Dktd per instructions of Chambers) (mj) (Entered: 02/11/1992)	RECAP
28	Feb. 4, 1992	OPINION # 69303 granting in part, denying in part [10-1] motion to intervene by Rodney Thomas, Larry Randall, Janice Whan, Scott Cameron Phelps, James White, granting in part, denying in part [10-2] motion for joinder of Victor Herbert, Walter Kelly, Bridget Gladwin, Arthur Leonardo, Carol Berry, Richard C. Surles and Susan Butler as parties defts in this action, denying [10-3] motion to certify class action, denying [7-1] motion for summary judgment ...For the reasons set forth above, the Defts' motion to dismiss the class complaint as moot is denied. Clarkson's personal claims against the Defts are dismissed as moot. Whan's motion to intervene in the action is granted, while the motion by Thomas, Randall, Phelps, and White is denied with leave granted to renew. The motion to join Butler, Surles, and Gladwin is granted. The motion to join the other Proposed Defts is denied with leave granted to renew. Whan's motion to certify the proposed class is denied at this time with leave granted to renew. Deft Lord's motion for summary judgment and the Defts' motion to transfer the action are denied. ( Signed by Judge Robert W. Sweet ); Copies mailed. (mj) (Entered: 02/11/1992)	RECAP
30	Feb. 4, 1992	SEALED DOCUMENT placed in vault. Contents: Declaration of Jack Alexande, Redacted Exhibit A. (mj) (Entered: 02/28/1992)	RECAP
29	Feb. 7, 1992	ORDER, set parties shall complete all discovery due for 4/8/92, set motion filing deadline for 4/8/92, set court trial briefs due for 4/15/92, set joint proposed pretrial order due for 4/15/92, set final pretrial conference for 4:30 4/15/92 ( signed by Judge Robert W. Sweet ); Copies mailed (mj) (Entered: 02/25/1992)	RECAP
31	March 10, 1992	NOTICE OF MOTION by Doris Clarkson to intervene by Faris Abdul-Matiyn, Return date 3/23/92. F. Abdul-Matiyn's request and affirmation are attached. Orig. to chambers. (ar) (Entered: 03/12/1992)	RECAP
32	March 26, 1992	MEMORANDUM by Thomas A. Coughlin III, Robert Greifinger, Marion Borum, Elaine A. Lord, Raul Russi, Susan Butler, Bridget Gladwin in opposition to [31-1] motion to intervene by Faris Abdul-Matiyn. Orig. to chambers. (ar) (Entered: 03/26/1992)	RECAP
33	April 6, 1992	Filed Memo_Endorsement on letter dated 4/1/92, reset motion filing deadline for 9/1/92, reset discovery due for 9/1/92 ( signed by Judge Robert W. Sweet ) (ar) (Entered: 04/10/1992)	RECAP
34	April 28, 1992	Letter filed by Doris Clarkson, Janice Whan dated 3/26/92 re to respond to Abdul-Matiyn's motion to intervene. [dkted and filed per chambers] (ar) (Entered: 04/28/1992)	RECAP
35	April 28, 1992	ORDER denying [31-1] motion to intervene by Faris Abdul-Matiyn ( signed by Judge Robert W. Sweet ); Copies mailed (ar) (Entered: 04/29/1992)	RECAP
36	June 5, 1992	NOTICE OF MOTION by Doris Clarkson, Janice Whan for joinder, Intervention & Class Certification, Return date 6/24/92 (vb) (Entered: 06/05/1992)	RECAP
37	June 5, 1992	MEMORANDUM by Doris Clarkson, Janice Whan in support of [36-1] motion for joinder, Intervention & Class Certification (vb) (Entered: 06/05/1992)	RECAP
38	June 5, 1992	DECLARATION of Jane E. Booth in support by Doris Clarkson, Janice Whan [36-1] motion for joinder, Intervention & Class Certification (vb) (Entered: 06/05/1992)	RECAP
39	July 24, 1992	NOTICE OF MOTION by Doris Clarkson for joinder, intervention & Class Certification; permitting Larry Randall to intervene as named pltffs in this action & joining Wlater Kelly & Daniel Senkowski as party defts in this action, Return date 8/5/92 (vb) Modified on 03/15/1993 (Entered: 07/24/1992)	RECAP
40	July 24, 1992	MEMORANDUM by Doris Clarkson in support of [39-1] motion for joinder, intervention & Class Certification (vb) (Entered: 07/24/1992)	RECAP
41	Aug. 10, 1992	STIPULATION and ORDER, Respondent's Response to motion reset to 8/19/92 [39-1] motion for joinder, intervention & Class Certification, reset to 8/19/92 [36-1] motion for joinder, Intervention & Class Certification, Pltff's Reply to Response to Motion reset to 9/9/92 [39-1] motion for joinder, intervention & Class Certification, reset to 9/9/92 [36-1] motion for joinder, Intervention & Class Certification, Return date reset to 9/16/92 [39-1] motion for joinder, intervention & Class Certification, Return date reset to 9/16/92 [36-1] motion for joinder, Intervention & Class Certification ( signed by Judge Robert W. Sweet ). (ar) (Entered: 08/11/1992)	RECAP
42	Sept. 28, 1992	MEMORANDUM by Thomas A. Coughlin III, Robert Greifinger, Marion Borum, Elaine A. Lord, Raul Russi, Susan Butler, Richard C. Surles, Bridget Gladwin in opposition to [39-1] motion for joinder, intervention & Class Certification. [Orig. to chambers] (ar) (Entered: 09/28/1992)	RECAP
43	Sept. 28, 1992	DECLARATION in opposition of Edward J. Curtis, Jr. Re: [39-1] motion for joinder, intervention & Class Certification. [Orig. to chambers] (ar) (Entered: 09/28/1992)	RECAP
44	Oct. 20, 1992	MEMORANDUM by Doris Clarkson, Janice Whan in support of [39-1] motion for joinder, intervention & Class Certification. [orig. to chambers] (ar) (Entered: 10/20/1992)	RECAP
45	Oct. 20, 1992	DECLARATION in support by Doris Clarkson, Janice Whan [39-1] motion for joinder, intervention & Class Certification. [orig. to chambers] (ar) (Entered: 10/20/1992)	RECAP
46	Jan. 28, 1993	MEMORANDUM OPINION # 70984 granting [39-1] motion for joinder, intervention & Class Certification, granting [36-1] motion for joinder, Intervention & Class Certification... Leave to amend the original Cmplt is granted... SO ORDERED, SWEET, J. ( Signed by Judge Robert W. Sweet ); Copies mailed. (mk) (Entered: 01/28/1993)	Clearinghouse
47	Jan. 28, 1993	Letter filed by Janice Whan, Doris Clarkson dated 9/22/92 re adjourn motions to 10/21/92 (sc) (Entered: 01/29/1993)	RECAP
48	Jan. 28, 1993	Letter filed by Bridget Gladwin, Richard C. Surles, Susan Butler, Elaine A. Lord, Marion Borum, Robert Greifinger, Thomas A. Coughlin III, Raul Russi dated 9/25/93 re eclosure of deft's opposition to pltff's motion for intervention etc. (sc) (Entered: 01/29/1993)	RECAP
49	Jan. 28, 1993	Letter filed by Richard C. Surles, Susan Butler, Elaine A. Lord, Marion Borum, Robert Greifinger, Thomas A. Coughlin III, Raul Russi dated 6/23/92 re defts' opp papers to mot to intv due 7/22/92 and ret date set for 8/5/92 (sc) (Entered: 01/29/1993)	RECAP
50	Feb. 5, 1993	ORDER, set discovery, inspection and motions due for 3/31/93, set pretrial order, trial briefs, jury charges etc. due for 4/7/93...So Ordered. ( signed by Judge Robert W. Sweet ); Copies mailed (sc) (Entered: 02/05/1993)	RECAP
51	March 10, 1993	OPINION # 71149, the Motions of Randall & the Pltffs are granted... SO ORDERED, SWEET, J. ( Signed by Judge Robert W. Sweet ); Copies mailed. (mk) (Entered: 03/15/1993)	RECAP
52	March 15, 1993	STIPULATION and ORDER, reset discovery due for 6/30/93, and reset inspection & motions filing deadline for 6/30/93, and extending time of submissions of trial briefs & other papers referred to in Para. 4 of this Court's Order of 2-1-93, to 7-7-93 ( signed by Judge Robert W. Sweet ). (mk) (Entered: 03/16/1993)	RECAP
53	March 25, 1993	SCHEDULING ORDER setting Discovery cutoff 6/30/93 ; Pretrial order to be submitted on or before 7/7/93, etc... ; ( signed by Judge Robert W. Sweet ) ; Copies mailed (mk) (Entered: 03/25/1993)	RECAP
54	March 29, 1993	SECOND AMENDED COMPLAINT by Janice Whan, Doris Clarkson, (Answer due 4/11/93 for Walter Kelly, for Raul Russi, for Thomas A. Coughlin III, for Robert Greifinger, for Elaine A. Lord, Susan Butler, for Richard C. Surles, for Bridget Gladwin ) amending [2-1] complaint against Daniel Senkowski; Summons issued. (mk) (Entered: 03/31/1993)	RECAP
55	April 1, 1993	STIPULATION and ORDER, reset discovery due for 6/30/93, submission of trial briefs etc. is extended to 7/7/93 ( signed by Judge Robert W. Sweet ). (sc) (Entered: 04/01/1993)	RECAP
56	April 30, 1993	ANSWER by Bridget Gladwin, Richard C. Surles, Susan Butler, Elaine A. Lord, Robert Greifinger, Thomas A. Coughlin III, Raul Russi, Daniel Senkowski (Attorney Edward Joseph Curtis) to second amended class action complaint ; Firm of: Robert Abrams, Atty General-NY by attorney Edward Joseph Curtis for defendant Daniel Senkowski (sc) (Entered: 05/03/1993)	RECAP
57	May 3, 1993	STIPULATION and ORDER, an reset answer to second amended class action complaint due for 4/30/93 for Daniel Senkowski, for Walter Kelly, for Raul Russi, for Thomas A. Coughlin III, for Robert Greifinger, for Marion Borum, for Elaine A. Lord, for Susan Butler, for Richard C. Surles, for Bridget Gladwin ( signed by Judge Robert W. Sweet ). (sc) (Entered: 05/04/1993)	RECAP
58	May 14, 1993	Letter filed by Larry - Randall dated 2/9/93 re missing motion papers. (docketed as per chambers instructions) (cd) (Entered: 05/17/1993)	RECAP
59	May 14, 1993	NOTICE OF MOTION by Janice Whan, Doris Clarkson to intervene by Larry A. Randall (Dktd. & fld. er instr. of Chambers) (mk) (Entered: 05/18/1993)	RECAP
60	May 14, 1993	MEMORANDUM by Janice Whan, Doris Clarkson in support of [59-1] motion to intervene by Larry A. Randall (Dktd. & fld. per instr. of Chambers) (mk) (Entered: 05/18/1993)	RECAP
61	June 7, 1993	STIPULATION and ORDER, that the defts do not object to the filing of the Thord Amended Class Action Cmplt dtd.m 5-18-93 ( signed by Judge Robert W. Sweet ). (mk) (Entered: 06/08/1993)	RECAP
62	June 8, 1993	Letter filed by Doris Clarkson;s atty. Sandra R. Farber dated 6/7/93 re requests leave to file a third amended cmplt (Dktd. & fld. per instr. of Chambers) (mk) (Entered: 06/09/1993)	RECAP
63	June 8, 1993	AMENDED COMPLAINT by Doris Clarkson, (Answer due 6/21/93 for Daniel Senkowski, for Walter Kelly, for Raul Russi, for Thomas A. Coughlin III, for Robert Greifinger, for Elaine A. Lord, for Susan Butler, for Richard C. Surles, for Bridget Gladwin ) amending [2-1] complaint against Stephen Dalsheim; Summons issued. (Dktd. & fld. per instr. of Chambers) (mk) (Entered: 06/09/1993)	RECAP
64	June 11, 1993	Affidavit of service as to Bridget Gladwin, Richard C. Surles, Susan Butler, Elaine A. Lord, Marion Borum, Robert Greifinger, Thomas A. Coughlin III, Raul Russi, Walter Kelly, Daniel Senkowski, Stephen Dalsheim by Edward J. Curtis, Esq., NYS Dept. of Law, on 6/8/93 Answer due on 6/28/93 for Bridget Gladwin, for Richard C. Surles, for Susan Butler, for Elaine A. Lord, for Marion Borum, for Robert Greifinger, for Thomas A. Coughlin III, for Raul Russi, for Walter Kelly, for Daniel Senkowski, for Stephen Dalsheim (sc) (Entered: 06/14/1993)	RECAP
65	July 7, 1993	SCHEDULING ORDER setting Discovery cutoff 8/30/93 ; Pretrial order to be submitted on or before 9/15/93 ; ( signed by Judge Robert W. Sweet ) ; Copies mailed (mk) (Entered: 07/08/1993)	RECAP
66	July 12, 1993	Filed Memo_Endorsement on letter dated 6/26/93, extending time of the discovery schedule for 2 months ...So Ordered. ( signed by Judge Robert W. Sweet ) (sc) (Entered: 07/13/1993)	RECAP
67	Aug. 20, 1993	ORDER, defts may take the depositions of Terryton Harrison, Riis Powell, Glennis Robertson & Larry Randall at any prison operated by the NY State Dept. of Correctional Services upon notice to pltffs' counsel & the Superintendent of the prison ( signed by Judge Loretta A. Preska ); Copies mailed (mk) (Entered: 08/20/1993)	RECAP
68	Sept. 7, 1993	Filed Memo_Endorsement on letter from Edward J. Curtis, Jr. dated 8/31/93, reset discovery due for 10/20/93 ( signed by Judge Robert W. Sweet ) Copies mailed (mk) Modified on 09/08/1993 (Entered: 09/08/1993)	RECAP
69	Sept. 8, 1993	ORDER, that defts may take the depositions of pltffs Terryton Harrison (92-A-1277), Riis Powell (92-A-1275), Glennis Robertson (91-G-0856) & Larry Randall (89-A-4772) upon notice to pltffs' counsel & the Superintendent of the prison ( signed by Judge Robert W. Sweet ); Copies mailed (mk) (Entered: 09/09/1993)	RECAP
70	Sept. 29, 1993	ORDER, defts may take the deposition of Mark Brockat any detentionfacility within the State of NY upon notice to pltff's counsel and the warden of the detention facility ( signed by Judge Robert W. Sweet ); Copies mailed (jh) (Entered: 09/30/1993)	RECAP
71	Oct. 28, 1993	Filed Memo_Endorsement on letter from Edward J. Curtis, Jr., AAG dated 10/19/93, reset discovery due for 11/3/93... SO ORDERED, SWEET, J. ( signed by Judge Robert W. ) (mk) (Entered: 10/29/1993)	RECAP
72	Oct. 28, 1993	SCHEDULING ORDER setting Discovery cutoff 11/3/93 ; Pretrial order to be submitted on or before 11/10/93, etc... ; ( signed by Judge Robert W. Sweet ) ; Copies mailed (mk) (Entered: 11/01/1993)	RECAP
73	Nov. 3, 1993	SCHEDULING ORDER setting Discovery cutoff 12/15/93 ; Pretrial order to be submitted on or before 12/22/93 ; ( signed by Judge Robert W. Sweet ) ; Copies mailed (mk) (Entered: 11/03/1993)	RECAP
74	Nov. 3, 1993	Filed Memo_Endorsement on letter from Edward J. Curtis, Jr., AAG dated 11/1/93, reset discovery due for 12/15/93... SO ORDERED, SWEET, J. ( signed by Judge Robert W. Sweet ) (mk) (Entered: 11/04/1993)	RECAP
75	Dec. 20, 1993	Filed Memo_Endorsement on letter from Janet Sabel dated 12/15/93, reset answer due for 1/7/94 for Stephen Dalsheim, for Daniel Senkowski, for Walter Kelly, for Raul Russi, for Thomas A. Coughlin III, for Robert Greifinger, for Marion Borum, for Elaine A. Lord, for Susan Butler, for Richard C. Surles, Bridget Gladwin, and reset pltff's motion for summ jgmt filing deadline for 1/31/94... SO ORDERED,PRESKA, J. ( signed by Judge Robert W. Sweet ) (mk) (Entered: 12/22/1993)	RECAP
76	Dec. 20, 1993	SCHEDULING ORDER setting Discovery cutoff 1/31/94 ; Pretrial order to be submitted on or before 2/9/94 ; ( signed by Judge Robert W. Sweet ) ; Copies mailed (mk) (Entered: 12/22/1993)	RECAP
77	Feb. 7, 1994	STIPULATION and ORDER, for leave to file defts Answer to the Third Amended Cmplt dtd. 1-7-94 ( signed by Judge Robert W. Sweet ). (mk) (Entered: 02/08/1994)	RECAP
78	Feb. 9, 1994	SCHEDULING ORDER setting Discovery cutoff 5/20/94 ; Pretrial order to be submitted on or before 6/1/94, etc... ; ( signed by Judge Robert W. Sweet ) ; Copies mailed (mk) (Entered: 02/14/1994)	RECAP
79	March 14, 1994	Pltff's Notice of Intention to file Pltffs aganst the State if NY (mk) (Entered: 03/16/1994)	RECAP
80	April 7, 1994	ORDER dismissing [79-1] remark ( signed by Judge Robert W. Sweet ); Copies mailed (mk) (Entered: 04/07/1994)	RECAP
	May 25, 1994	Memo endorsed on motion; by Janet Sabel, for an order directing defts to serve all outstanding documents on pltffs by 5/27/94, discovery due for 6/10/94... MOTION GRANTED AS SET FORTH IN OPEN COURT... SO ORDERED, SWEET, J. ( signed by Judge Robert W. Sweet ); Copies mailed. (mk)
82	July 21, 1994	Filed Memo_Endorsement on letter from Janet Sabel dated 7/15/94, set Pltffs motion for summ jgmt filing deadline for 7/29/94 ( signed by Judge Robert W. Sweet ) Copies mailed (mk) (Entered: 07/25/1994)	RECAP
83	Aug. 3, 1994	Rule 3(g) statement filed by Janice Whan (Rcvd. NDB on 8/3/94 at 5:06 p.m.) (mk) (Entered: 08/05/1994)	RECAP
84	Aug. 3, 1994	NOTICE OF MOTION by Janice Whan, Doris Clarkson for summary judgment as to pltffs & pltff class on the ground that there is no genuine ssue as to any material fact & all pltffs & pltff class are entitled to jgmt as a matter of law W/attchd. DECLARATION of Janet Sabel, Return date 8/24/94 (Rcvd. NDB on 8/3/94 at 5"05 p.m.) (mk) Modified on 08/09/1994 (Entered: 08/09/1994)	RECAP
85	Aug. 3, 1994	Rule 3(g) statement filed by Janice Whan, Doris Clarkson (Rcvd. NDB on 8/3/94 at 5"06 p.m.) (mk) (Entered: 08/09/1994)	RECAP
86	Aug. 3, 1994	MEMORANDUM by Janice Whan, Doris Clarkson in support of [84-1] motion for summary judgment as to pltffs & pltff class on the ground that there is no genuine ssue as to any material fact & all pltffs & pltff class are entitled to jgmt as a matter of law (Rcvd. NDB on 8/3/94 at 5:04 p.m.) (mk) (Entered: 08/09/1994)	RECAP
87	Aug. 30, 1994	STIPULATION and ORDER, by and between parties Response to motion reset to 10/19/94 [84-1] motion for summary judgment as to pltffs & pltff class on the ground that there is no genuine ssue as to any material fact & all pltffs & pltff class are entitled to jgmt as a matter of law, Return date reset to Return date reset to 11/2/94 [84-1] motion for summary judgment as to pltffs & pltff class on the ground that there is no genuine ssue as to any material fact & all pltffs & pltff class are entitled to jgmt as a matter of law, unless in response to defendants' motion plaintiffs' deem it necessary to obtain additional affidavits, in which case, because of the logistics in communicating with class members, the motion will be returnable on 11/16/94 ...So Ordered,Sweet,J.... ( signed by Judge Robert W. Sweet ). (pl) (Entered: 08/31/1994)	RECAP
88	Sept. 26, 1994	ANSWER by Bridget Gladwin, Richard C. Surles, Susan Butler, Elaine A. Lord, Marion Borum, Robert Greifinger, Thomas A. Coughlin III, Raul Russi, Walter Kelly, Daniel Senkowski (Attorney Edward J. Curtis Jr.) to third amended class action complaint ; Firm of: G. Oliver Koppell, Atty General of the State of NY by attorney Edward J. Curtis Jr. for defendants. (dvg) (Entered: 09/29/1994)	RECAP
89	Oct. 25, 1994	STIPULATION and ORDER, Response to motion reset to 11/9/94 [84-1] motion for summary judgment as to pltffs & pltff class on the ground that there is no genuine ssue as to any material fact & all pltffs & pltff class are entitled to jgmt as a matter of law, and Return date reset to Return date reset to 11/30/94 [84-1] motion for summary judgment as to pltffs & pltff class on the ground that there is no genuine ssue as to any material fact & all pltffs & pltff class are entitled to jgmt as a matter of law ( signed by Judge Robert W. Sweet ). (jr) (Entered: 10/26/1994)	RECAP
90	Nov. 3, 1994	ORDER, the motion for summary judgment in the above action, originally filed August 3, 1994, is hereby marked off the calendar and will be restored on November 2, 1994 ( signed by Judge Robert W. Sweet ); Copies mailed (jr) (Entered: 11/03/1994)	RECAP
91	Nov. 21, 1994	STIPULATION and ORDER, Response to motion reset to 11/18/94 [84-1] motion for summary judgment as to pltffs & pltff class on the ground that there is no genuine ssue as to any material fact & all pltffs & pltff class are entitled to jgmt as a matter of law, and Return date reset to Return date reset to 12/7/94 [84-1] motion for summary judgment as to pltffs & pltff class on the ground that there is no genuine ssue as to any material fact & all pltffs & pltff class are entitled to jgmt as a matter of law ( signed by Judge Robert W. Sweet ). (jr) (Entered: 11/22/1994)	RECAP
92	Dec. 2, 1994	STIPULATION and ORDER, Response to motion reset to 12/16/94 [84-1] motion for summary judgment as to pltffs & pltff class on the ground that there is no genuine ssue as to any material fact & all pltffs & pltff class are entitled to jgmt as a matter of law, and Reply to Response to Motion reset to 1/13/95 [84-1] motion for summary judgment as to pltffs & pltff class on the ground that there is no genuine ssue as to any material fact & all pltffs & pltff class are entitled to jgmt as a matter of law, and Return date reset to Return date reset to 1/18/95 [84-1] motion for summary judgment as to pltffs & pltff class on the ground that there is no genuine ssue as to any material fact & all pltffs & pltff class are entitled to jgmt as a matter of law ( signed by Judge Robert W. Sweet ). (jr) (Entered: 12/05/1994)	RECAP
93	Feb. 2, 1995	STATEMENT of Stephen Dalsheim by Bridget Gladwin, Richard C. Surles, Susan Butler, Elaine A. Lord, Marion Borum, Robert Greifinger, Thomas A. Coughlin III, Raul Russi, Walter Kelly, Daniel Senkowski, Stephen Dalsheim Re: [84-1] motion for summary judgment as to pltffs & pltff class on the ground that there is no genuine ssue as to any material & all pltffs & pltff class are entitled to jgmt as a matter of law (ls) (Entered: 02/03/1995)	RECAP
94	Feb. 2, 1995	MEMORANDUM by Bridget Gladwin, Richard C. Surles, Susan Butler, Elaine A. Lord, Marion Borum, Robert Greifinger, Thomas A. Coughlin III, Raul Russi, Walter Kelly, Daniel Senkowski, Stephen Dalsheim in opposition to pltff's motion for summary judgment (ls) (Entered: 02/03/1995)	RECAP
95	Feb. 7, 1995	STIPULATION and ORDER, Response to motion reset to 10/19/94 [84-1] motion for summary judgment as to pltffs & pltff class on the ground that there is no genuine ssue as to any material fact & all pltffs & pltff class are entitled to jgmt as a matter of law, Return date reset to 11/2/94 [84-1] motion for summary judgment as to pltffs & pltff class on the ground that there is no genuine ssue as to any material fact & all pltffs & pltff class are entitled to jgmt as a matter of law ( signed by Judge Robert W. Sweet ). (cd) (Entered: 02/08/1995)	RECAP
96	Feb. 7, 1995	Filed Memo_Endorsement on letter dated 12/16/95, Return date to 1/25/95 for [84-1] motion for summary judgment as to pltffs & pltff class on the ground that there is no genuine ssue as to any material fact & all pltffs & pltff class are entitled to jgmt as a matter of law ( signed by Judge Robert W. Sweet ) (cd) (Entered: 02/08/1995)	RECAP
97	Feb. 7, 1995	MEMORANDUM by Janice Whan, Doris Clarkson in further support of [84-1] motion for summary judgment as to pltffs & pltff class on the ground that there is no genuine ssue as to any material fact & all pltffs & pltff class are entitled to jgmt as a matter of law (mk) (Entered: 02/08/1995)	RECAP
	Feb. 8, 1995	Motion hearing re: [84-1] motion for summary judgment as to pltffs & pltff class on the ground that there is no genuine ssue as to any material fact & all pltffs & pltff class are entitled to jgmt as a matter of law (jr)
98	June 16, 1995	MEMORANDUM OPINION # 74917 granting in part, denying in part [84-1] motion for summary judgment as to pltffs & pltff class on the ground that there is no genuine ssue as to any material fact & all pltffs & pltff class are entitled to jgmt as a matter of law ( Signed by Judge Robert W. Sweet ); Copies mailed. (cd) (Entered: 06/21/1995)	Clearinghouse
100	Aug. 28, 1995	NOTICE OF APPEAL by Faris Abdul-Matiyn ; from [98-1] order . Copies of notice of appeal mailed to Attorney(s) of Record: NYS Atty. General. (as) (Entered: 09/22/1995)	RECAP