Case: Inmates of New York with HIV v. Cuomo

9:90-cv-00252 | U.S. District Court for the Northern District of New York

Filed Date: March 6, 1990

Closed Date: 2009

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Case Summary

On March 6, 1990, a class of inmates infected with the Human Immunodeficiency Virus ("HIV") filed a lawsuit under 42 U.S.C. § 1983 claim against the New York Department of Corrections ("DOC") in the U.S. District Court for the Northern District of New York, challenging the DOC's delivery of medical, mental health, education, and preventative services. Plaintiffs, who were represented by the Prisoners' Rights Project Legal Aid Society, the New York State Department of Labor, and Prisoners' Leg…

On May 31, 1990, the court (Judge Thomas J. McAvoy) granted class certification to the plaintiffs, and required posting of notice of the class action suit in appropriate places in the state penal institutions, but not individual notice to all current and future inmates. Inmates of New York with Human Immune Deficiency Virus v. Cuomo, No. 90-0252, 1990 WL 73418 (N.D.N.Y. May 31, 1990).

On February 7, 1991, the court (Judge McAvoy) ordered defendants to compile and turn over to plaintiffs statistics detailing the numbers of inmates infected with HIV or believed to have died from AIDS-related causes since 1984. However, the records were to be redacted so as not to include the inmates' names or identification numbers, and the records were to be governed by a protective order to ensure its confidentiality. Inmates of New York with Human Immune Deficiency Virus v. Cuomo, No. 90-0252, 1991 WL 16032 (N.D.N.Y. Feb. 7, 1991).

On November 30, 1992, the court (Judge McAvoy), denied defendants' motion for reconsideration of an order which required them to produce medical quality assurance documents, but stayed the order pending a determination by the U.S. Court of Appeals for the Second Circuit. Inmates of New York with Human Immune Deficiency Virus v. Cuomo, No. 90-0252, 1992 WL 373516 (N.D.N.Y. Nov. 30, 1992). It is unclear from the docket on PACER whether the Second Circuit ruled on this issue.

The docket indicates that on October 13, 1994, the parties stipulated that the case was complex in nature and that they were each exempted from completing discovery and commencing trial within eighteen months. Rather, each party was directed to file a status report with the court every four months. Subsequent entries on PACER address other procedural/discovery matters. On February 17, 2005 the court (Judge Gary L. Sharpe) required the parties to submit a joint status report to the court within thirty days, because the discovery deadline set by the parties had expired (the parties agreed on March 25, 2002, that discovery should be completed on or before May 1, 2004).

On August 24, 2007, the parties filed a settlement agreement for approval and a motion to stipulate dismissal. The settlement was approved and the dismissal was granted by the court (Judge Sharpe) on August 28, 2007. The settlement set out under what conditions inmates must be referred to HIV specialists and what qualifications HIV specialists are to have, and prison staff were ordered to undergo HIV sensitivity training. It also granted monetary damages and attorneys' fees to the plaintiffs. It was scheduled to remain in effect for two years. There is no subsequent enforcement activity on the docket; the case is closed.

Summary Authors

Megan Raynor (3/25/2006)

Katherine Reineck (1/30/2016)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/12206604/parties/inmates-of-new-york-v-cuomo/

Judge(s)

Attorney for Plaintiff

Beck, John A. (New York)

Charles, John D. (New York)

Greenberg, Daniel L. (New York)

Attorney for Defendant

Abrams, Robert W. (New York)

Ambrosio, Ralph F. (New York)

Judge(s)

McAvoy, Thomas James (New York)

Peebles, David E. (New York)

Sharpe, Gary L. (New York)

Attorney for Plaintiff

Beck, John A. (New York)

Charles, John D. (New York)

Greenberg, Daniel L. (New York)

Murtagh, Karen Lynn (New York)

Murtagh-Monks, Karen L. (New York)

Reitano, Robert (New York)

Rold, William J. (New York)

Selby, Duane (New York)

Weinstein, Philip L. (New York)

Wiseman, Michael (New York)

Zelermyer, Milton (New York)

Attorney for Defendant

Abrams, Robert W. (New York)

Ambrosio, Ralph F. (New York)

Mankes, Karen Marcoux (New York)

OConnor, Darren (New York)

O'Connor, Darren (New York)

Paladino, Victor (New York)

Rhodes-Devey, Michael (New York)

Attorney Contact Information via CourtListener

Documents in the Clearinghouse

Documents in this case

9:90-cv-00252	Docket (PACER) Inmates of New York v. Cuomo	Oct. 7, 2015	Oct. 7, 2015 Docket
24 9:90-cv-00252	Order	May 31, 1990	May 31, 1990 Order/Opinion 1990 WL 73418
52 9:90-cv-00252	Order	Feb. 7, 1991	Feb. 7, 1991 Order/Opinion 1991 WL 16032
113 9:90-cv-00252	Decision & Order	Nov. 30, 1992	Nov. 30, 1992 Order/Opinion 1992 WL 373516
357-2 9:90-cv-00252	Inmates of New York v. Cuomo, et al. Order Approving Settlement Agreement and Granting Dismissal	Aug. 24, 2007	Aug. 24, 2007 Order/Opinion
357-4 9:90-cv-00252	Settlement Agreement Inmates of New York v. Cuomo, et al.	Aug. 24, 2007	Aug. 24, 2007 Settlement Agreement

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Resources

Resources related to this case
Title	Description		External URL Date / External URL
Oral History Project Interview with Attorney John Boston: Contents and Links Civil Rights Litigation Clearinghouse	Contents: Clearinghouse Oral History Project Interview with Attorney John Boston (Spring 2023) [00:00-20:36] Early Lif…	April 2023	April 7, 2023 https://www.mivideo.it.umich.edu/...

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Docket

See docket on RECAP: https://www.courtlistener.com/docket/12206604/inmates-of-new-york-v-cuomo/

Last updated March 20, 2026, 5:31 a.m.

ECF Number	Date	Description	Link
1	March 6, 1990	COMPLAINT filed; ; Service deadline 5/7/90 for Joel A. Dvoskin, for Richard C. Surles, for Raymond Broaddus, for Marion Borum, for Glenn S. Goord, for Robert Greifinger, for Thomas A. Coughlin, for Mario Cuomo (pta) (jel, ). (Entered: 08/02/1991)	RECAP
2	March 6, 1990	EX PARTE ORDER TO PROCEED In Forma Pauperis Affidavit and Anonymously filed by Inmates of New York (pta) (jel, ). (Entered: 08/02/1991)	RECAP
3	March 6, 1990	EX PARTE Application to Proceed in Forma Pauperis and Anonymously - SEALED by ORDER dd 3/6/90, re: Sealing ( signed by Judge Con G. Cholakis ) (pta) (jel, ). (Entered: 08/02/1991)	RECAP
4	March 6, 1990	MEMORANDUM OF LAW by William J. Rold, Esq. (jel, ) Modified on 10/14/2015 (jel, ). (Entered: 10/14/2015)	RECAP
5	March 6, 1990	Letter dated March 5, 2015 from William J. Rold, Esq. to the Clerk of the Court. (jel, ) Modified on 10/14/2015 (jel, ). (Entered: 10/14/2015)	RECAP
7	March 21, 1990	ORDER. Signed by Magistrate Judge Ralph W. Smith, Jr. on 3/21/1990. (jel, ) Modified on 10/14/2015 (jel, ). (Entered: 10/14/2015)	RECAP
6	March 26, 1990	ACKNOWLEDGEMENT OF SERVICE as to Mario Cuomo, Thomas A. Coughlin, Robert Greifinger, Glenn S. Goord, Marion Borum, Raymond Broaddus, Richard C. Surles, Joel A. Dvoskin on 3/19/90 : Proposed Rule 16 Stipulation due by 4/18/90: Answer due on 4/9/90: (pta) (jel, ). Modified on 10/14/2015 (jel, ). (Main Document 6 replaced on 10/14/2015) (jel, ). (Entered: 08/02/1991)	RECAP
8	March 26, 1990	STIPULATION AND ORDER. Signed by Magistrate Judge Ralph W. Smith, Jr. on 3/26/1990. (jel, ) Modified on 10/14/2015 (jel, ). (Entered: 10/14/2015)	RECAP
9	April 13, 1990	NOTICE OF MOTIONS FOR CLASS CERTIFICATION FOR NOTICE TO THE CLASS by William J. Rold, Esq., for the plaintiffs. (jel, ) Modified on 10/14/2015 (jel, ). (Entered: 10/14/2015)	RECAP
10	April 13, 1990	AFFIDAVIT IN SUPPORT OF MOTIONS FOR CLASS CERTIFICATION AND FOR NOTICE TO THE CLASS by William J. Rold, Esq., for the plaintiffs. (jel, ) Modified on 10/14/2015 (jel, ). (Entered: 10/14/2015)	RECAP
11	April 13, 1990	MEMORANDUM OF LAW IN SUPPORT OF PLAINTIFFS' MOTIONS FOR CLASS CERTIFICATION AND FOR NOTICE TO THE CLASS by William J. Rold, Esq., for the plaintiffs.. (jel, ) Modified on 10/14/2015 (jel, ). (Entered: 10/14/2015)	RECAP
13	April 27, 1990	AFFIDAVIT IN OPPOSITION TO A MOTION FOR NOTICE TO THE CLASS By Glenn S. Goord. (jel, ) Modified on 10/14/2015 (jel, ). (Entered: 10/14/2015)	RECAP
14	April 27, 1990	MEMORANDUM OF LAW IN RESPONSE TO PLAINTIFFS' MOTION FOR CLASS CERTIFICATION AND FOR NOTICE TO THE CLASS by Darren O'Connor, AAG, for the defendants.. (jel, ) Modified on 10/14/2015 (jel, ). (Entered: 10/14/2015)	RECAP
12	April 30, 1990	ANSWER to Complaint by Mario Cuomo, Thomas A. Coughlin, Robert Greifinger, Glenn S. Goord, Marion Borum, Raymond Broaddus, Richard C. Surles, Joel A. Dvoskin (Attorney Darren O'Connor, AAG ) (pta) (jel, ). (Entered: 08/02/1991)	RECAP
15	May 3, 1990	PLAINTIFFS' REPLY AFFIDAVIT IN SUPPORT OF MOTION FOR NOTICE TO THE CLASS by William J. Rold, Esq., for the plaintiffs. (jel, ) Modified on 10/14/2015 (jel, ). (Entered: 10/14/2015)	RECAP
18	May 7, 1990	Letter dated May 4, 1990 from Michael Wiseman, Esq., for the plaintiffs to U.S. Magistrate Judge Ralph W. Smith, Jr. (jel, ) Modified on 10/14/2015 (jel, ). (Entered: 10/14/2015)	RECAP
16	May 14, 1990	NOTICE by Magistrate Judge Ralph W. Smith, Jr. signed on May 14, 1990. (jel, ) Modified on 10/14/2015 (jel, ). (Entered: 10/14/2015)	RECAP
17	May 14, 1990	ORDER and REPORT AND RECOMMENDATIONS of Magistrate Judge Ralph W. Smith ; that Pltfs unopposed motion for class certification be GRANTED; Ordered that if this recommendation is accepted, that Pltfs motion for ind. notice is DENIED and notice shall be given to potential class members by posting in all medical clinics, law libraries & housing areas in prisons operated by DOCS as well as in all mental health clinics operated by NYS OMH w/in those prisons. Case no longer referred to Magistrate Judge Ralph W. Smith (pta) (cbm, ). (Entered: 08/02/1991)	RECAP
19	May 21, 1990	LETTER dated May 18, 1990 by Darren O'Connor, AGG, and ORDER granting request for an extension until May 25, 1990 to file response to plaintiffs' Interrogatories and Request for Production of Documents. Signed by Pro Se Law Clerk as per direction of Magistrate Judge Ralph W. Smith on 5/21/1990. (jel, ) Modified on 10/14/2015 (jel, ). (Entered: 10/14/2015)	RECAP
20	May 24, 1990	RESPONSE TO PLAINTIFFS' INTERROGATORIES AND REQUEST FOR PRODUCTION OF DOCUMENTS by Darren O'Connor, AAG, for the defendants. (Attachments: # 1 Letter)(jel, ) Modified on 10/16/2015 (jel, ). (Entered: 10/16/2015) 1 Letter View on PACER	RECAP
21	May 24, 1990	Letter dated May 23, 1990 from Darren O'Connor, AAG, for the defendants to the court. (jel, ) Modified on 10/16/2015 (jel, ). (Entered: 10/16/2015)	RECAP
25	May 29, 1990	Return Receipt For Report and Recommendation by Darren O'Connor on 5/24/1990. (jel, ) Modified on 10/14/2015 (jel, ). (Entered: 10/14/2015)	RECAP
22	May 30, 1990	PLTFS NOTICE OF APPEAL by Inmates of New York from portions of RR, Affidavit Atty Wiseman w/Exhibits 1-5 . Appeal record due on 6/29/90 (pta) (jel, ). (Entered: 08/02/1991)	RECAP
23	May 30, 1990	TRANSCRIPT of proceedings held before Mag. Smith filed for dates of 5/08/90 (pta) (jel, ). (Entered: 08/02/1991)	RECAP
26	May 30, 1990	Return Receipt for Report and Recommendation by William J. Rold, Esq., on 5/24/1990 (jel, ) Modified on 10/14/2015 (jel, ). (Entered: 10/14/2015)	RECAP
24	May 31, 1990	ORDER, adopting Report and Recommendations and denying ind. notice ( signed by Judge Thomas J. McAvoy ) (pta) (cbm, ). (Entered: 08/02/1991)	RECAP
27	June 5, 1990	STIPULATION ORDER re: PSR ( signed by Magistrate Judge Ralph W. Smith dd 6-01-90 ) (pta) (jel, ). (Entered: 08/02/1991)	RECAP
28	June 5, 1990	Letter dated June 1, 1990 from Darren O'Connor, AAG, for the defendants to the court. (jel, ) Modified on 10/16/2015 (jel, ). (Entered: 10/16/2015)	RECAP
29	June 11, 1990	Letter dated June 8, 1990 from Michael Wiseman, Esq., for the plaintiffs to the court. (jel, ) Modified on 10/16/2015 (jel, ). (Entered: 10/16/2015)	RECAP
30	June 13, 1990	Letter dated June 13, 1990 from Michael Rhodes-Devey, AAG, for the defendants to the court. (jel, ) Modified on 10/16/2015 (jel, ). (Entered: 10/16/2015)	RECAP
31	June 18, 1990	Letter dated June 15, 1990 from William J. Rold, Esq., for the plaintiffs to the court. (jel, ) Modified on 10/16/2015 (jel, ). (Entered: 10/16/2015)	RECAP
32	July 23, 1990	Letter dated July 12, 1990 from Michael Wiseman, Staff Attorney Magistrate Judge Ralph W. Smith, Jr. (jel, ) Modified on 10/14/2015 (jel, ). (Entered: 10/14/2015)	RECAP
33	Aug. 15, 1990	***SEALED DOCUMENT. (jel, ) Modified on 10/16/2015 (jel, ). (jel, ). (Entered: 10/16/2015)	RECAP
34	Aug. 16, 1990	***SEALED DOCUMENT. (jel, ) Modified on 10/16/2015 (jel, ). (jel, ). (Entered: 10/16/2015)	RECAP
35	Aug. 23, 1990	***SEALED DOCUMENT. (jel, ) Modified on 10/16/2015 (jel, ). (jel, ). (Entered: 10/16/2015)	RECAP
36	Aug. 27, 1990	PLAINTIFFS' NOTICE OF MOTION TO COMPEL DISCOVERY AND FOR A PROTECTIVE ORDER by Michael Wiseman, Esq., for the plaintiffs. (jel, ) Modified on 10/16/2015 (jel, ). (Entered: 10/16/2015)	RECAP
37	Aug. 27, 1990	MEMORANDUM OF LAW IN SUPPORT OF PLAINTIFFS' MOTIOSN FOR ORDERS COMPELLING DISCOVERY AND PROTECTING THE CONFIDENTIALITY OF THE PLAINTIFF CLASS by William J. Rold, Esq., for the plaintiffs.. (jel, ) Modified on 10/16/2015 (jel, ). (Entered: 10/16/2015)	RECAP
38	Sept. 4, 1990	Letter dated September 4, 1990 from Magistrate Judge Ralph W. Smith, Jr. to counsel regarding motion hearing scheduled for November 1, 1990 at 11:00 a.m. (jel, ) Modified on 10/14/2015 (jel, ). (Entered: 10/14/2015)	RECAP
39	Sept. 7, 1990	***SEALED DOCUMENT. (jel, ) Modified on 10/16/2015 (jel, ). (jel, ). (Entered: 10/16/2015)	RECAP
40	Sept. 27, 1990	***SEALED DOCUMENT. (jel, ) Modified on 10/16/2015 (jel, ). (jel, ). (Entered: 10/16/2015)	RECAP
41	Sept. 28, 1990	NOTICE OF DEPOSITION(jel, ) Modified on 10/16/2015 (jel, ). (Entered: 10/16/2015)	RECAP
42	Oct. 16, 1990	NOTICE OF CROSS-MOTION FOR AN ORDER PURSUANT TO RULE 37 OF THE FEDERAL RULES OF CIVIL PROCEDURE, COMPELLING DISCOVERY AND AWARDING ATTORNEYS' FEES (Attachments: # 1 Notice of Cross Motion, # 2 Notice of Cross Motion)(jel, ) Modified on 10/16/2015 (jel, ). (Entered: 10/16/2015) 1 Notice of Cross Motion View on PACER 2 Notice of Cross Motion View on PACER	RECAP
43	Oct. 18, 1990	MEMORANDUM OF LAW IN OPPOSITION TO PLAINTIFF'S MOTION FOR AN ORDER COMPELLING DISCOVERY AND IN SUPPORT OF DEFENDANTS' CROSS-MOTION FOR AN ORDER COMPELLING DISCOVERY filed by Marion Borum, Raymond Broaddus, Sharon Carpinello, Philip Coombe, Thomas A. Coughlin, Mario Cuomo, Department of Correctional Services, Joel A. Dvoskin, Glenn S. Goord, Robert Greifinger, Robert Griefinger, Inmates of New York State with Human Immune Deficiency Virus, for themselves and all others similarly situated, Lucien LeClaire, Jr, Richard Miraglia, John Nuttall, George Pataki, Lowell Rapping, John C. Sheridan, Richard C. Surles, Doctor Weilt, Lester Wright. (jel, ) Modified on 9/18/2013 (jel, ). (Entered: 09/18/2013)	RECAP
44	Oct. 19, 1990	AFFIDAVIT by Thomas A. Coughlin, III in opposition to plaintiffs' motion to compel the production of certain documents. (jel, ) Modified on 10/16/2015 (jel, ). (Entered: 10/16/2015)	RECAP
45	Nov. 13, 1990	PLAINTIFFS' AFFIDAVIT IN OPPOSITION TO DEFENDANTS' CROSS-MOTION FOR AN ORDER COMPELLING DISCOVERY by John A. Beck, Esq., for the plaintiffs. (jel, ) Modified on 10/7/2015 (jel, ). (Entered: 10/07/2015)	RECAP
46	Nov. 13, 1990	MEMORANDUM OF LAW in reply to defendants' answer to plaintiffs' motion to compel discovery and for a protective order, and in opposition to defendants' cross-motion for an order compelling discovery by Michael Wiseman, Esq., for the plaintiffs.. (jel, ) Modified on 10/7/2015 (jel, ). (Entered: 10/07/2015)	RECAP
47	Jan. 8, 1991	INTERROGATORIES AND REQUEST FOR PRODUCTION OF DOCUMENTS DATED DECEMBER 7, 1990 by Darren O'Connor, AAG, for the defendants. (jel, ) Modified on 10/7/2015 (jel, ). (Entered: 10/07/2015)	RECAP
48	Jan. 9, 1991	Objection to portion of the deposition subpoena from Cory E. Friedman, Esq., for Deponent St. Clare's Hospital and Health Center (jel, ) Modified on 10/7/2015 (jel, ). (Entered: 10/07/2015)	RECAP
49	Jan. 22, 1991	Letter dated January 15, 1991 from Anthony Liccione to the court. (jel, ) Modified on 10/7/2015 (jel, ). (Entered: 10/07/2015)	RECAP
50	Feb. 4, 1991	Letter dated January 25, 1991 from Michael Wiseman, Esq, for the plaintiffs to the court regarding the defendants January 18, 1991 letter to the court. (jel, ) Modified on 10/7/2015 (jel, ). (Entered: 10/07/2015)	RECAP
51	Feb. 4, 1991	Letter dated January 15, 1991 from Anthony Liccione to the court. (jel, ) Modified on 10/7/2015 (jel, ). (Entered: 10/07/2015)	RECAP
52	Feb. 7, 1991	ORDER dd 2-01-91 GRANTING limited disclosure, redacted to delete any references to names/ID numbers of HIV-infected inmates, said information to be governed by Protective Order to be submitted jointly by parties w/in 20 days, etc. ( signed by Judge Thomas J. McAvoy ) (pta) (cbm, ). (Entered: 08/02/1991)	RECAP
53	Feb. 22, 1991	NOTICE OF MOTION FOR RECONSIDERATION AND/OR REARGUMENT OF THE COURT'S FEBRUARY 7, 1991 AND AFFIDAVIT OF MICHAEL WISEMAN with exhibits in support of motion. (jel, ) Modified on 10/7/2015 (jel, ). (Entered: 10/07/2015)	RECAP
54	Feb. 22, 1991	MEMORANDUM OF LAW by Michael Wiseman, Esq., for the plaintiffs in support o plaintiffs' mtoion for reconsideration and/or reargument of the court's February 7, 1991 Order. (jel, ) Modified on 10/7/2015 (jel, ). (Entered: 10/07/2015)	RECAP
59	Feb. 25, 1991	Letter dated February 21, 1991 from Michael Wiseman requesting oral argument on the filing of plaintiffs' motion for reconsideration and/or reargument of the Court's February 7, 1991 Decision and Order denying plaintiffs' motion to compel class discovery and for a protective order. (jel, ) Modified on 10/7/2015 (jel, ). (Entered: 10/07/2015)	RECAP
60	Feb. 25, 1991	Letter dated February 22, 1991 from Michael Rhodes-Devey, AAG, to the court requesting that the plaintiffs' motion for reargument and reconsideration of this Court's order of February 7, 1991 order be deemed untimely and should be rejected and returned. (jel, ) Modified on 10/7/2015 (jel, ). (Entered: 10/07/2015)	RECAP
55	Feb. 27, 1991	Letter dated February 25, 1991 from Darren O'Connor, AAG, requesting withdraw of defendants' request to reject the plaintiffs' motion for reconsideration. (jel, ) Modified on 10/7/2015 (jel, ). (Entered: 10/07/2015)	RECAP
56	March 4, 1991	Letter dated February 28, 1991 from William J. Rold, Staff Attorney, advising the court that he will be leaving Legal Aid Society on March 1, 1991 to pursue private practice of law. (jel, ) Modified on 10/7/2015 (jel, ). (Entered: 10/07/2015)	RECAP
57	March 8, 1991	PLTF NOTICE OF APPEAL from Judge McAvoy Order dd 2-07-91 by Inmates of New York . Appeal record due on 4/8/91 (pta) (jel, ). (Entered: 08/02/1991)	RECAP
58	March 8, 1991	Letter dated March 6, 1991 from Michael Wiseman, Esq., for the plaintiffs enclosing for filing an original of plaintiffs' notice of appeal. (jel, ) Modified on 10/7/2015 (jel, ). (Entered: 10/07/2015)	RECAP
61	March 8, 1991	AFFIDAVIT by Nancy L. Heywood in opposition to the plaintiffs' motion for reconsideration or reargument of the Court's February 7, 1991 order. (jel, ) Modified on 10/7/2015 (jel, ). (Entered: 10/07/2015)	RECAP
62	March 8, 1991	MEMORANDUM OF LAW by Darren O'Connor, AAG, for the defendants in opposition to plaintiffs' motion for reargument and reconsideration.. (jel, ) Modified on 10/7/2015 (jel, ). (Entered: 10/07/2015)	RECAP
	March 11, 1991	Certified and transmitted record on appeal to U.S. Court of Appeals: [57-1] appeal by Inmates of New York, [22-1] appeal by Inmates of New York (pta)
63	March 13, 1991	NOTICE that the motion hearing scheduled for Friday, March 22, 1991 will be taken on submit. No appearances by either party are necessary. (jel, ) Modified on 10/7/2015 (jel, ). (Entered: 10/07/2015)	RECAP
64	April 19, 1991	Letter dated April 17, 1991 from Darren O'Connor, AAG, in connection to plaintiffs' latest request for the production of documents. (jel, ) Modified on 10/7/2015 (jel, ). (Entered: 10/07/2015)	RECAP
65	April 22, 1991	CERTIFIED COPY MANDATE OF C.C.A. ORDER ( so ordering stipulation to withdraw appeal ) (pta) (jel, ). (Entered: 08/02/1991)	RECAP
66	April 26, 1991	Letter dated April 19, 1991 from Michael Wiseman, Esq., for the plaintiffs to the court regarding the defendants' letter dated April 17, 1991. (jel, ) Modified on 10/7/2015 (jel, ). (Entered: 10/07/2015)	RECAP
67	April 26, 1991	ORDER dd 4-26-91 DENYING motion for reconsideration ( signed by Judge Thomas J. McAvoy ) (pta) (jel, ). (Entered: 08/02/1991)	RECAP
68	May 16, 1991	AAG Rhodes-Devey Letter dd 5-15-91 re: confidentiality order on consent (pta) (jel, ). (Entered: 08/02/1991)	RECAP
69	May 16, 1991	ATTY Wiseman Letter dd 5-15-91 re: Status of Action (pta) (jel, ). (Entered: 08/02/1991)	RECAP
70	June 6, 1991	Plaintiffs' grievance complaint. (cbm) (jel, ). (Entered: 08/23/1991)	RECAP
71	June 28, 1991	ORDER, to Compel discovery and confidential material. ( signed by Judge Thomas J. McAvoy ) (cbm) (jel, ). (Entered: 08/23/1991)	RECAP
72	Sept. 3, 1991	STIPULATION/ORDER ; w/respect to 4-18-90 discovery demand only, Defts may produce the documents responsive to Interrogatories 2 and 32 of Pltf discovery demand dd 4-18-90 in redacted form ( dd 8-31-91 signed by Judge Thomas J. McAvoy ) (pta) (jel, ). (Entered: 09/03/1991)	RECAP
73	Nov. 25, 1991	NOTICE by Inmates of New York to take deposition of Dr. Robert Greifinger on 12-02-91 (pta) (jel, ). (Entered: 11/26/1991)	RECAP
74	Nov. 25, 1991	PLTF NOTICE by Inmates of New York to take deposition of Dr. George DiFerdinando on 12-02-91 (pta) (jel, ). (Entered: 11/26/1991)	RECAP
75	Nov. 25, 1991	FERNANDEZ, H. - LETTER to Court dd 11-21-91 re: Medical Treatment (pta) (jel, ). (Entered: 11/26/1991)	RECAP
76	Nov. 27, 1991	RESPONSE by Mario Cuomo, Thomas A. Coughlin, Robert Greifinger, Glenn S. Goord, Marion Borum, Raymond Broaddus, Richard C. Surles, Joel A. Dvoskin to Discovery Re: pltfs' request for production of documents dd 10/28/91. (cbm) (jel, ). (Entered: 12/04/1991)	RECAP
78	Dec. 20, 1991	Scheduling Notice: set Telephone Conference for 11:00 1/13/92 ; Michael Wiseman, Esq. to initiate. (rzh) (jel, ). (Entered: 01/09/1992)	RECAP
	Dec. 20, 1991	CASE REFERRED to Magistrate Judge Ralph W. Smith (rzh)
77	Dec. 26, 1991	INMATES Avilez, Canales & Guzman Letter dd 12-12-91 to Court re: medical treatment and request for Order directing the State to continue medications (pta) (jel, ). (Entered: 12/27/1991)	RECAP
	Jan. 15, 1992	Tele-conference held 1/13/92; Discovery in progress. (rzh)
79	Feb. 19, 1992	Defts' 2nd set of INTERROGATORIES and request for production of documents . (cbm) (jel, ). (Entered: 02/21/1992)	RECAP
80	May 22, 1992	PLTF Atty Wiseman Letter dd 5-19-92 re: portion of motion argued in 11-90 remains sub judice and filing motion before Judge McAvoy for Order compelling discovery, Protective Order and such other relief returnable 6-26-92 (pta) (jel, ). (Entered: 05/27/1992)	RECAP
81	May 22, 1992	PLTF MOTION by Inmates of New York to Compel Discovery, and for Protective Order, Affidavit Beatrice Dohrn, Esq.; Hearing set for 10:00 a.m. on 6/26/92, Deadline 6/12/92, Reply to Response Deadline 6/19/92 (pta) (jel, ). (Entered: 05/27/1992)	RECAP
82	May 22, 1992	PLTF Exhibits list Nos. 1 to 15 by Inmates of New York accompanying Affidavit Beatrice Dohrn in support of Pltf Motion to Compel Discovery and for Protective Order (see #81) (pta) (jel, ). (Entered: 05/27/1992)	RECAP
83	May 22, 1992	PLTFS MEMORANDUM by Inmates of New York in support of [81-1] motion to Compel Discovery, [81-2] motion for Protective Order [proposed order not submitted] (pta) (jel, ). (Entered: 05/27/1992)	RECAP
84	May 22, 1992	COURT Scheduling Notice:, Motion Hearing set for 10:00 a.m. in Binghamton NY on 8/28/92 [rescheduled by Court from 6-26 MC] re: [81-1] motion to Compel Discovery re: [81-2] motion for Protective Order (pta) (jel, ). (Entered: 05/27/1992)	RECAP
85	May 26, 1992	PLTF REVISED MEMORANDUM by Inmates of New York in support of [81-1] motion to Compel Discovery, [81-2] motion for Protective Order [corrected copy of #83 filed 5-22-92] (pta) (jel, ). (Entered: 05/27/1992)	RECAP
86	May 28, 1992	Response to Interrogatories, request for production of documents and date entries by all defts. (cbm) (jel, ). (Entered: 06/01/1992)	RECAP
87	July 2, 1992	LETTER of Frank L. Gennuso dd 6-29-92 re: he cannot intervene in action w/Letter to Court dd 6-29-92 (pta) (jel, ). (Entered: 07/06/1992)	RECAP
88	July 22, 1992	STAFF ATTORNEY Michael Wiseman Letter Request dd 7-20-92 for Court to join (Motion to Compel Discovery) two motions for argument on 8-28-92 (pta) (jel, ). (Entered: 07/22/1992)	RECAP
89	Aug. 13, 1992	DEFTS CROSS MOTION by Mario Cuomo, Thomas A. Coughlin, Robert Greifinger, Glenn S. Goord, Marion Borum, Raymond Broaddus, Richard C. Surles, Joel A. Dvoskin for an Order in Limine ruling admissible on issue of ind. Defts. deliberate indifference evidence, Affidavit Thomas A. Coughlin III; Attachment A; Affidavit Richard C. Surles, Ph.D.; Affidavit Robert E. Greifinger, M.D.; Affirmation Darren O' Connor; Hearing set for 10:00 a.m. in Binghamton NY on 8/28/92, Response Deadline 8/21/92 (pta) (jel, ). (Entered: 08/14/1992)	RECAP
90	Aug. 13, 1992	DEFTS MEMORANDUM by Mario Cuomo, Thomas A. Coughlin, Robert Greifinger, Glenn S. Goord, Marion Borum, Raymond Broaddus, Richard C. Surles, Joel A. Dvoskin in opposition to Pltfs [81-1] motion to Compel Discovery, [81-2] motion for Protective Order AND in Support of Defts Cross Motion for Order in Limine (pta) (jel, ). (Entered: 08/14/1992)	RECAP
91	Aug. 17, 1992	ORDER REFERRING CASE to Magistrate Judge Ralph W. Smith to rule on Pltfs Motion for Discovery and Protective Order and Defts Cross Motion for Order in Limine (dd 8-17-92 signed by Judge Thomas J. McAvoy ) (pta) (jel, ). (Entered: 08/18/1992)	RECAP
92	Aug. 21, 1992	Court Scheduling Notice: Parties advised to disregard Standard Referral Order dd 8/17/92 which referred pending motions to M/J Smith for decision, [89-1] cross motion for an Order in Limine ruling admissible on issue of ind. Defts. deliberate indifference evidence, [81-1] motion to Compel Discovery, & [81-2] motion for Protective Order currently scheduled for 8/28/92 are all adjourned to 9/14/92, 10:00 a.m. in Albany ; parties advised by phone on Friday 8/21/92 & served w/ written notice same day by Deputy Clerk Price. (plp) (jel, ). (Entered: 08/21/1992)	RECAP
93	Aug. 31, 1992	Minute entry - MOTION CALENDAR HELD 8/28/92 IN BINGHAMTON: Appearances: None; Steno - V. Theleman. [89-1] deft cross motion for an Order in Limine ruling on issue of ind. Defts. deliberate indifference evidence; [81-1] pltfs motion to Compel Discovery; and, [81-2] pltfs' motion for Protective Order have all BEEN ADJOURNED UNTIL 9/14/92 IN ALBANY (cml) (jel, ). (Entered: 09/01/1992)	RECAP
94	Sept. 3, 1992	PLTF MEMORANDUM by Inmates of New York in opposition to Defts [89-1] cross motion for an Order in Limine ruling admissible on issue of ind. Defts. deliberate indifference evidence (pta) (jel, ). (Entered: 09/03/1992)	RECAP
	Sept. 14, 1992	Motion hearing re: [89-1] cross motion for an Order in Limine ruling admissible on issue of ind. Defts. deliberate indifference evidence Motion hearing held, [81-1] motion to Compel Discovery Motion hearing held, [81-2] motion for Protective Order Motion hearing held (pta)
95	Sept. 22, 1992	Minute entry: MOTION CALENDAR HELD 9-14-92 ALBANY NY: Appearances: T. Berical, CR; Michael Wiseman, John A. Beck, Jonathan Chasan & Milton Zelermyer, Lourdes Falco for Pltfs; Darren O'Connor, AAG and Victor Paladino, AAG for Defts Albany NY. Pltfs Motion for discovery and protective order - GRANTED in part/DENIED in part. Deft Cross Motion for Order in limine ruling - admissible evidence - DENIED Prev. filed 1990 Discovery Motions - RESERVED COURT DIRECTS PLTF TO SUBMIT ORDER (pta) (jel, ). (Entered: 09/23/1992)	RECAP
97	Oct. 1, 1992	TRANSCRIPT filed Proceeding before Judge McAvoy for dates of 9/14/92 (pta) (jel, ). (Entered: 10/05/1992)	RECAP

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Case Details

State / Territory:

New York

Case Type(s):

Prison Conditions

Healthcare Access and Reproductive Issues

Key Dates

Filing Date: March 6, 1990

Closing Date: 2009

Case Ongoing: No

Plaintiffs

Plaintiff Description:

inmates infected with the Human Immunodeficiency Virus

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

Prisoners' Legal Services of New York (PLSNY)

Public Interest Lawyer: No

Filed Pro Se: Unknown

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

State

New York Department of Corrections

Defendant Type(s):

Corrections

Facility Type(s):

Government-run

Case Details

Causes of Action:

42 U.S.C. § 1983

Constitutional Clause(s):

Cruel and Unusual Punishment

Other Dockets:

Northern District of New York 9:90-cv-00252

Available Documents:

Any published opinion

Injunctive (or Injunctive-like) Relief

Trial Court Docket

Outcome

Prevailing Party: Plaintiff OR Mixed

Relief Granted:

Attorneys fees

Injunction / Injunctive-like Settlement

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Content of Injunction:

Monitoring

Training

Amount Defendant Pays: 49,948

Order Duration: 2007 - 2009

Issues

General/Misc.:

Education

LGBTQ+:

LGBTQ+

Medical/Mental Health Care:

HIV/AIDS

Recommended Citation

Case Summary of Inmates of New York with HIV v. Cuomo, Civil Rights Litig. Clearinghouse, http://www.dev.clearinghouse.net/case/858/ (last updated 1/30/2016).