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Case 2:11-cv-02602-JS-GRB Document 1 Filed 05/27/11 Page 1 of 5 PageID #: 1

FILED

IN CLERK'S OFFICE U.S. DISTRICT COUR-T E.D.N.Y.

CIVIL RIGHTS COMPLAINT 42 U.S.C. § 1983

* * MAY 27 2011

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF NEW YORK

LONG ISI..ANC OFFICE

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BERr. X Full name of plaintiff/prisoner ID#

s;.; I

Plaintiff,

JYEUSRY7T"RNTAOT~-t-n,E;~;">,:.... II

-against-
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Offic.,~\ (,,'\10, ¥-. .. ~ b~tff of ~II{.. ~ i

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C.&

Enter full names of defendants C"",,'4

"'"'+-,

[Make sure those listed above are

identical to those listed in Part m.]

Defendants. ----------------------------------------------------x

1. Previous Lawsuits:

A. Have you begun other lawsuits in state or federal court

dealing with the same facts involved in this action or

/

(vf otherwise relating to your imprisonment? Yes ( ) No <''-''<.(.f' i- \l..d...,t.w...

B. If your answer to A is yes, describe each lawsuit in the space below (If there is more than one lawsuit, describe the additional lawsuits on another piece of paper, using the same outline.)

I. Parties to this previous lawsuit:

Plaintiffs:

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Defendants: ~ [.V-'L.]..,IIPW'> ~~W /"',0. <1 G"Q!, ; '"""'-\ k e,,\iJ\\ee. 14«, C-< ~""r
2. Court (if federal court. name the district; if state court, name the county)
Vr,l.ed ~k\Y 'Q\~~fl.d= co-A, 6-12' \..i.~.
3. Docket Number: ~ \I 10- \J."-~ \:;ss.') ~(..)

Case 2:11-cv-02602-JS-GRB Document 1 Filed 05/27/11 Page 2 of 5 PageID #: 2

4. Name of the Judge to whom case was assigned: <;e \{,bgA-

5. Disposition: (for example: Was the case dismissed? Was it

C appeal ? Is.,i\t ,still pendi"\lg?

.,.v~""

~
do l,("\t" Sv.lc

7. Approximate date of disposition: _ _~\-h..\D<..ps:- _ _ _ _ _ __ II. Place of Present Confinement: Su.fFo~1l. (Q~ Cof~1 ~t'

A. Is there a prisoner grievance procedure in this institution? Yes (0No ( )

B. Did you present the facts re~ting to your complaint in the prisoner
grievance procedure? Yes (0" No ( )

C. If your answer is YES. I. What steps did you take?

Cr t, g,VI<. lli- ?(l"P-",';',i

2. What was the result? _..IbbO:lZ!N>:f....._ _ _ _ _ _ _ _ _ _ __
D. If your answer is NO. explain why not _ _ _ _ _ _ _ _ _ _ __
E. If there is no prison grievance procedure in the institution. did you complain to prison authorities? Yes ( ) No ( ) F. If your answer is YES.
I. What steps did you take? _ _ _ _ _ _ _ _ _ _ _ _ __

2. What was the result? _ _ _ _ _ _ _ _ _ _ _ _ _ _ __

2

Case 2:11-cv-02602-JS-GRB Document 1 Filed 05/27/11 Page 3 of 5 PageID #: 3
"
m. Parties:
(In item A below, place your name in the first blank and place your present address in the second blank. Do the same for additional plaintiffs, if any.)
A. Name of plaintiff~~ b~ ·e+ '"' \ " \>k'f\~ ; II!>
Address \\0 C.QN\-v 50r\V(. S<.\.Jjc~ "Na.w\.(Ol'<. \lOWI

(In item B below, place the full name and address of each defendant)

B. List all defendants' names and the addresses at which each defendant may be served.

Plaintiff must provide the address for each defendant named.

Defendant No.1

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V''''CqD\ I· "to fv.t;;,rl 0, "Tocl\\JldvAA"l /U<-{

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Defendant No.2 Defendant No, 3

Off-I.( o{.. :
~f\ ~ I ~c...:.. 1U:>e., Sue"'" '\""'o,NI:'>
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:r O-:e -Sw-., I SV&r,o~,,<L...+; ...J.v\4.,..t~ ~
Df:.h4<-~ ~"""'1 Sv{./Qw-w6 ilp

Defendant No.4

Defendant No.5
[Make sure that the defendants listed above are identical to those listed in the caption on page 1], 3

r
Case 2:11-cv-02602-JS-GRB Document 1 Filed 05/27/11 Page 4 of 5 PageID #: 4
" 1
IV. Statement of Claim:
(State briefly and concisely, the facts of your case. Include the date(s) of the event(s) alleged as well as the location where the events occurred. Include the names of each defendant and state how each person named was involved in the event you are claiming violated your rights. You need not give any legal arguments or cite to cases or statutes. If you intend to allege a number of related claims, number and set forth each claim in a separate paragraph. You may use additional 8 ~ by 11 sheets of paper as necessary.)

IV. A

If you are claiming injuries as a result of the events you are complaining about, describe your injuries and state what medical treatment you required. Was medical treatment received?

4

Case 2:11-cv-02602-JS-GRB Document 1 Filed 05/27/11 Page 5 of 5 PageID #: 5
i

V. Relief:

State what relief you are seeking if you prevail on your complaint.

":0 Q'\1'\9.5 M-'\\",;,

Sm-.if:-- ,,;.. CoMB«,,~,,~r1 C,Q.A ~l1","h';' .£.,

I I declare under penalty of perjury that on S \Q.S \t

• I delivered this

(Date)

complaint to prison authorities to be mailed to the United States District Court for the Eastern

District of New York.

Signed this ':). '4 day of_N\ru.'--'-"""'I,,.--_ _ _• 20n. I declare under penalty of

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Signature of Plaintiff Cor ,,\\ ~ 1o.-.w.Cf ~
Sl'lf,fo\i< (~ UIU<-±D.... Gckr-
Name of Prison Facility
\10 C-e"'\ir ~(ll.(., ~\~ ""'Ad 'Nio..v
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Address
Q (q. YYO

cv ·11 2 6 o2 Case 2:11-cv-02602-JS-GRB Document 1-4 Filed 05/27/11 Page 1 of 12 PageID #: 28 FILED s IN CLERK'S OFFICE DISTRICTCOURTE.D.NY

.•';.!, • .

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF NEW YORK

* * MAY 1.12011

-------------------------------------------------------------------------)( RICKEY LYNCH, JERRY FINCHJR, DAMIEN R., SMALL, LEROY C. JONES, CHARLES WHIDBEE,
THEODORE DAVIS, MACK BUTLER, EDDIE M., SIMS, DALLAS JOHNSON, CHRISTOPHER SYDNOR, DONI W. JACKSON, FELIPE ROVELO, ROBERT

LONG ISLAND OFFICE
CIVIL RIGHTS COMPLAINT 42 U.S.C. § 1983

BERNHARD, ADAM WILLIAMS, JOSEPH POTTER JR,

NOTICE OF MOTION

DONALD BANGS, EDWARD KEYES, JASON COOPER,

KEVIN M. MASSEY, DARRYL ISAAC, On Behalf of

Index No.

Themselves and All others simiarly situated, Plaintiffs;

JURY TRIAL DEMAND

-against-

VINCENT F. DeMARCO, Individually and in his Oddicial Capacity as SHERIFF OF SUFFOLK COUNTY; JOHN DOE, JOHN JANE, Individually, and as SUPERINTENDENT Of Suffolk County Jails;

SEYBcERT, J.
llN1l6AY•.M.

Respondents.

-------------------------------------------------------------------------)( PLEASE TAKE NOTICE, that upon the annexed Affidavit of the above-menntion Plaintiffs, sworn
to on the Ib day of May, 2011, upon accompany Memorandum of Law, dated May I~ , 2011, and
upon all papers and Exhibits annexed hereto, upon all other papers and proceedings heretofore, filed herein, Plaintiffs will Move this Court, at a Term thereof, to be held at the United States District Court, of the Eastern District of New York, located at a Term at Longisland Federal Courthouse, at 814 Federal Plaza, Central Islip, New york, on the:l!. day of May, 2011, at 9:30 a.m., or as soon thereafter, as Plaintiffs can be heard for an Order:
1. Declaring the above entitled action to be deemed a Civil Rights Class Action lawsuit pursuant to U.S.CA 42 1983; Civil Practicfl Law and Rules 901 and 902;
2. Declaring the Defendnnts on behalf of the Plaintiffs class of certain employess who are members of the Suffolk County Department of Correction, who failed to follow proper procedures on Sanitary Conditions, of their employement establishment mention herein, that cause various health

i

.• Case 2:11-cv-02602-JS-GRB Document 1-4 Filed 05/27/11 Page 2 of 12 PageID #: 29

,
.:~;;. ".' .•.

.

damages of the individuals plaintiffs and other(s) inmates housing in the Suffolk County Jails facilities including exposure to unreasonably unsanitary conditions and illness to plaintiffs and other(s) inmates, that are caused by seroius odors from back-up disposes of bodily waste in toilets that dont flush properly, and the drinking water are rusty in all the plaintiffs cells and housing areas as well as the others inmates that house in the other Suffolk County Facility called the Yaphank Farm, in the Town of Brookhaven New York, that consist of fungust and mildews and mold, along with serious rust in the entirety of the showers hOllsing areas of the plaintiffs of 4 East ."lorth 3"ld 4 East South, as other flooring in the areas of the East and North side blocks.
3. Authoring the method of furnishing Notice to the Class; and 4. Granting such other and further relief as to this Court may !':eem just and proper.

The above-entitled action is based upon Hazardous and Unhealthful serious conditions in the

Plaintiffs Housining areas as well as the entirety of the other Suffolk County Jails.

Dated: Suffolk County, New York, \~May ,2011
To: Pro Se Clerk Office 100 Federal Plaza Central Islip, New York 11 "1'22

BY:~\';')It1 I~f) ~J I Representative Partie Suffo!k. County Correctional Hiv,~rhead. New York 11901 Pin No. 092440

Case 2:11-cv-02602-JS-GRB Document 1-4 Filed 05/27/11 Page 3 of 12 PageID #: 30

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF NEW YORK -------------------------------------------------------------------------J( RICKEY LYNCH, JERRY FINCH JR, DAMIEN R., SMALL, LEROY C. JONES, CHARLES WHIDBEE, THEODORE DAVIS, MACK BUTLER, EDDIE M., SIMS, DALLAS JOHNSON, CHRISTOPHER SYDNOR, DONI W. JACKSON, FELIPE ROVELO, ROBERT BERNHARD, ADAM WILLIAMS, JOSEPH POTTER JR, DONALD BANGS, EDWARD KEYES, JASON COOPER, KEVIN M. MASSEY, DARRYL ISAAC, On Behalf of Themselves and A" others simiarly situated, Plaintiffs;
-against-

AFFIDAVIT IN SUPPORT NOTICE OF MOTION
Index No.
JURY TRIAL DEMAND

VINCENT F. DeMARCO, Individua"y and in his Oddicial Capacity as SHERIFF OF SUFFOLK COUNTY; JOHN DOE, JOHN JANE, Individua"y, and as SUPERINTENDENT Of Suffolk County Jails;

Respondents.

------------------------------------------------------------,-------------J( State of New York) County of Suffolk )55.:

RICKEY LYNCH, being duly sworn deposes and says:

1. I am the above-named plaintiffs, being the representative for behalf of the other(s) Plaintiffs

mention in the above-caption case herein. I submitt this Affidavit in support of a" the above plaintiffs

herein to have this Action declare a Class action Pursuant to CPLR YO'. and CPRL 902.

2. The plaintiffs class action challenges certain condition of confinement at the Suffolk County

Center, located in Riverhead NAI!I Yor!<.

3. specifically, the pIClin'iifi's, PI"eS'clnt& to this Court inforrnat!on abcut jiving conditions of plaintiffs, that are "unsanitary ceil,>, toilet, shcwer~j, contaminated drinl,ing rUi-l.y waters, as we" as

plaintiffs possible exposure to lead paint at the Suffolk County r!1o'liem rmaf;, ·3f:. pr::lcf will be

annexed to as Exhibits in this Motion, that the serious conditions violates the plaintiffs rights under

Case 2:11-cv-02602-JS-GRB Document 1-4 Filed 05/27/11 Page 4 of 12 PageID #: 31
Eight Amendment to the Unitea States Constitution to be free from crule and unusual punishment. DAMAGES
4. Plaintiffs negligence suit against the Defendants is seeking injunctive relief and regulatory interest, in $425 Million Dollars Compensatory and Punitive damages for pain and suffering as a proximate results of defendants conduct.
.JURISDICTION AND VENUE
5. Jurisdiction is specifically conferred on the United States district Court by 28 U.S.C. 1331, this being an action arising under the Constitution and Federal law, under color of statute, ordinance, regulation, custom or usage, or rights and immunities secured to plaintiffs by the Eighth Amendment to the Constitution, and by 42 U.S.C. 1983.
6. Venue is proper because the events complained of occurred in the County of Suffolk, which is the Eastern District of New York.
PARTIES
7. At all times relevant and material to this case, Plaintiffs mention herein, are confine in the Suffolk County jails, as well as resident of Suffolk County, within the jurisdiction of this Court.
8. At all time relevant and material to this case, Defendants Vincent F. DeMarco, Sheriff of Suffolk County; John Doe, Jane Doe, as Superintendent of Suffolk County jails are employed by the County of Suffolk.

Case 2:11-cv-02602-JS-GRB Document 1-4 Filed 05/27/11 Page 5 of 12 PageID #: 32
STATEMENT OF FACTS
9. The County of Suffolk New york houses plaintiffs, and others inmates at two of their locations of their jails systems. One is a medium-security jail located in Yaphank New york County of Suffolk knowingly called the Farm, and the other is located at Riverhead New York.
10. The county Records, shows that both jail and living conditions are unhealthful and in the need of Santation Supervision, that included the soon to be closing of one of the County jails known as the Farm, located in Yaphank New York, based upon Hazardous and unhealthful conditions of allege air-borne "asbestos particles", in which they are building a new facility to remove the inmates therein, to avoid any level of serious damages to the plaintiffs who. were house their, as inmates, of being exposure that posed unreasonable risk of serious damages to inmates health that still being house their, under unhealthful santation conditions. Likewise, the records will show that the
• plaintiffs was transfer from the Farm in the mid July, 2010, to April of 2011, to·the unhealtful conditions of Riverhead County jail, based upon these issues at the Farm..
11. Plaintiffs mention in this proceedings, are inmates in the Suffolk County jail from July 27, 2010, until present of this motion. Since then, the plaintiffs have seen and experience mystery of "Death" on an inmate by a guard herein, that sill under investgation, and traffic of lawsuit against the jail were plaintiffs are being house at.
12. Plaintiffs on the above-mention dates, are on 4 East North and South, housing units, in
either withoutrunning water, or rusty drinking water. The toilets in the plaintiffs cells, when flushed, disposes of "bodily waste", from one plaintiffs cell toilets, seeks into the next plaintiffs cell toilets.
13. Some of the plaintiffs toilets dont work properly, by not flushing which plaintiffs are force to hold their bodily waste, do to "back-ups" in their toilets until the next day. unproperly maintenance, dont try to fix these issues, based upon plaintiffs are inmates.
5

Case 2:11-cv-02602-JS-GRB Document 1-4 Filed 05/27/11 Page 6 of 12 PageID #: 33
14. On 4 East North and South housing areas, the plaintiffs have no choice at night, but to drink the "rusty" waters, that the water reveals turbidity and various organic and inorganic contamination, in our drinking cups, with iron and rust particle and the water is constantly brown.
16. Most of us plaintiffs have experince "serious" illness as medical records can reveal, due to the unsafe, unhealthy drinking water in the Suffolk County Jail, in Riverhead.
17. Other inmates have been experiencing these problems as the plaintiffs, but the other are to scared to ask for help, do to Suffolk County Guards, if they find out any grievance are filed against them, the inmates would end up in segregation unit.
18. In addition, since the plaintiffs incarceration, on the 4 East North and South housings, plaintiffs have been expose to serious fungus, rust on floor and walls, as well as mildew and in the shower area (see Exhibit A). This exposure to the plaintiffs cause skin rash on the plaintiffs backs unknown previously bumps, that unable to be determine what the cause, or be treated for, due to poorly medical staff herein.
.
19. Defendants have not made any progress in providing any cleaning and sanitizing, as reqiure, or any assigning staff to sanitation inspections, that put policies and training procedures, place that consist of painted damaged areas and making some structural repairs to the showers in 4 East North and Souths areas as well as the entirety of the whole jail.
20. Plaintiffs has "sworn affidavit", to these dermatological reactions, that occurred on the plaintiffs, after using these showers and drinking rusty waters in the Suffolk County jail (see Exhibit 8).
c.

Case 2:11-cv-02602-JS-GRB Document 1-4 Filed 05/27/11 Page 7 of 12 PageID #: 34
UNITED STATES DISTRICT COURT EASTERN DISTRICT OF NEW YORK
----------------------------------------------------------------------------------J(
RICKEY LYNCH, JERRY FINCH JR, DAMIEN R. SMALL, LEROY C. JONES, CHARLES WHIDBEE, THEODORE DAVIS, MACK BUTLER, EDDIE M. SIMS, DALLAS JOHNSON, CHRISTOPHER SYDNOR, DONI W. JACKSON, FELIPE ROVELO, ROBERT BERNHARD, ADAM WILLIAMS, JOSEPH POTTER JR., DONALD BANGS, EDWARD KEYES, JASON COOPER, KEVIN M. MASSEY, DARRYL ISAAC, On Behalf of Themselves and All other simiarly situated, Plaintiffs;
-against-
VINCENT F. DeMARCO, Individually and in his Offical Capacity as SHERIFF OF SUFFOLK COUNTY; JOHN DOE, JANE DOE, Individully, and as SUPERINTENDENT Of Suffolk County Jails;
Respondents
------------------------------------------------------------------------------------J(
MEORANDUM OF LAW

Case 2:11-cv-02602-JS-GRB Document 1-4 Filed 05/27/11 Page 8 of 12 PageID #: 35
Meorandum of Law:
21. while it is axiomatic that the pleadings of a Pro Se litigant criteria of statute, authorizing, class action to be liberally and broadly construed.(see Hughes v. Rowe, 449 U.S. 5, 9 (1980); (see also Haines v. Kerner, 404 U.S. 519, 520-21 (1972); Friar v. Vanguard Holding Corp. 78 A.D.2d 83 (2 Dept. 1980).
22. Hence, because of plaintiffs are herein, pre-trial detainees, confinement under the Due Process Clause of the Fourteenth Amendment, which sets a more stringent standared than the cruel and Unusual punishment clause of the Eighth Amendment. Benjamin, 343 F.3d at 49 (citing Bell v.Wolfish, 441 U.S. 520, 535 n. 16,99 S.Ct. 1861,60 L.Ed.2d 447 (1979). Likewise, this is because a person lawfully committed to pretrial detention has not been adjudged guilty of any crime, and thus, under the Due Process Clause, may not be punished in any manner-neither cruelly and Unusually, otherwise. 343 F.3d at 49-50 (quoting Bell, 441 U.S. at 536).
23. Plaintiffs must show the deprivation of a basic human need, such as reasonable safety, to this end, must show "actual or imminent harm". see Lewis v. Casey, 518 U.S. 343, 350, 116 2174, 135 L.Ed.2d 606 (1996); Benjamin, 343 F.3d at 51 n. 17. This Court is under the obligation, examine the actual effect of challenged conditions upon the well-beings of the plaintiffs and others in the Riverhead Correctional Facility. Rhodes v. Chapman, 452 U.S. 377, 367, 101 S.Ct. 2392, 69 L.Ed.2d 59 (1981).

Case 2:11-cv-02602-JS-GRB Document 1-4 Filed 05/27/11 Page 9 of 12 PageID #: 36
24 Plaintiffs argue, on behalf of other inmates, to this Court, of Defendants careless, Unsanitary, Hazardous and Unhealthful conditions, that the plaintiffs are living under in their jails, that cause serious "health hazards issues", to the plaintiffs, as well as other inmates, who are confined in the Suffolk County jails, Unsanitary conditions.
25. However, this Court must focus on violations of federal law, regarding sanitary conditions, that can cause harms on the plaintiffs and other inmates, that defendants herein, subjected the plaintiffs and other helpless inmates to cruel and Unusual punishment, that violated other Constitutional rights, by not implementing policies, that resulted in the plaintiffs and other inmates, exposed to the drinking of "rusty waters," and "hazardous unhealthful" showers, and disposes of one's bodily waste, due to improper flushing toilets, and poorly staffs of Correction officer, that patrol the areas, and notice these violation, and ignore these issues.
26. The Eight Amendment protects plaintiffs and as well as other inmates from "cruel and unusual punishments" in the form of "unnecessary and wanton infliction of pain" at the hands of defendants. Wilson v. Seiter, 501 U.S. 294, 297 (1991); Estelle v. Gamble, 429 U.S. 104 (1976). The constitutional prohibition against the plaintiffs of cruel and unusual punishment includes the right to be free from conditions of confinement, that impose an excessive risk to plaintiffs and behalf of the other inmates health or safety. Farmer v. Brennan, 511 U.S. 825, 837 (1994);Hathaway v. Coughlin, 37 F.3d 63, 66 (2d Cir. 19940.
27. Plaintiffs must establish that (1) he was incarcerated under conditions which posed a substantial risk of serious harm, and (2) defendants acted with deliberated indifference to plaintiffs and other inmates health or safety. see Farmer, 511 U.s. at 834.

Case 2:11-cv-02602-JS-GRB Document 1-4 Filed 05/27/11 Page 10 of 12 PageID #: 37
Water Quality:
28. The Secon Circuit suggest that "unsuitable" water for drinking and bathing can support Eighth Amendment Cause of plaintions action. see, e. g., Belleza v. Fischer, 2006 WL 3019760, at 4 (denying summary judgment where plaintiff alleged that the water coming out of the faucet in his cell burned his throat and, at least some of the time, was extremely dark and cloudy; he was also unable to take a shower without his skin itching). The defendants took no reasonable measures to keep the drinking water safe at the Suffolk County jail, and ignored the plaintiffs complaints that "rusty water" was causing dry and itchy skin, and other discomfort, to serious health concerns of the plaintiffs or other inmates at the facility.
29. However, other jurisdiction notice sanitation plays a necesities means of health in facilities. In Toussaint v. Mccarty, 597 F.supp. 1388, 1411 (N.D.Cal. 19840) ("A sanitary environment is a basic human need that a penal institution must provide for all inmates); Green vFerrell, 801 F.2d 765, 771, (5th Cir. 1986) (Jails must provide reasonably adequate Sanitation); Ramos v. Lamm, 639 F.2d 559, 566-570 (10th Cir. 1980), cert. denied. 450 U.S. 1041, 101 S.Ct. 1759,68 L.Ed.2d 239 (1981) (Sanitation is a core aspect of Eight Amendment analysis).
The Toilets
30. Many of the plaintiffs, including the other inmates in the Central Housing and East Housing units called the pods, are housed in cells without running water or flush tOilets, ten hour per day. plaintiffs are in cells that have serious plumbing problems, that are health hazardous, issues, that defendants have choose to ignore. Likewise, the fact that toilets, when flush, disposes bodily waste from one plaintiffs cell, into the next plaintiffs toilets. And in the summer, with the heat, it gets

Case 2:11-cv-02602-JS-GRB Document 1-4 Filed 05/27/11 Page 11 of 12 PageID #: 38

worst, as does the smell, from other toilets on the units that are not working at all, that bodily waste

sit in a broken toilet in a cell that not being use, due to the plumbing problems, that the defendants

intentional acts who choose not to fix the plaintiffs issues, have had numerous headaches and

numerous ..... i _

- -- ~

-

__ . _ '

stomach

aches

since

being

lock

in

these

cells,

do

to

the waste that

floats from one plaintiffs tOilet, due to the failure of defendants to fix these problems. The plaintiffs

must suffer a horribly foul odor that is unbearable, have no right to be expose to these "toxic" fumes,

of the careless acts of the defendants herein.

31. Having a sanitary place to dispose of one's bodily waste, is one of the minimal civilized

measure of lifes necessities, of plaintiffs constitutional right to adequate and hygienic means.

Stachan v. Ashe, 548 F. Supp. 1993, 1205 (D. Mass. 1982); Reasonably adequate sanitation and the ability to eliminate and dispose of one's bodily waste without unreasonably risking contamination are basic identifiable human needs of plaintiffs, protected by the Eighth Amendment. Howard v. Adkison, 887 F.2d 134, 137 (8th Cir. 1989); Ramos v. Lamm, 639 F.2d 559, 556-570 (10th Cir. 1980)
32. The conditions of the plaintiffs confinement are subject to this Court, on the Eighth Amendment grounds see, e.g., Helling v. McKinney, 509 U.S. 25, 35, 113 S.Ct. 2475, 125 L.Ed.2d 22 (1993); Warren v. Keane, 937 F.Supp.301, 305 (S.D.N.Y.), affd, 196 F.3d 330 (2d Cir. 1999).
33. However, Suffolk County Jails, as well as Nassau County Jails, are required by County Law 217, to maintain "safety" measurements of plaintiffs and other inmates, in a County jail, and the Defendants are require to follow these procedures, in the Correction Law, for the plaintiffs and other inmates. Likewise, the defendants herein, have not "comply" with County Law 217, that being considering of the plaintiffs "health hazards", associated with plaintiffs "sanitation" issues, that "fecal airbourne bacteria", may produce infection via, in the "respiratory tract", or deposited in the nose.

Case 2:11-cv-02602-JS-GRB Document 1-4 Filed 05/27/11 Page 12 of 12 PageID #: 39

WHEREFORE, it is respectfully prayed that an Order be granted determing that the instant action be maintained as a Civil Class Action Lawsuit, declaring the defendants on behalf of the plaintiffs class of certain employee, who are members of the Suffolk County Department of Correction, who failed to follow proper procedures, on Sanitary conditions of their employments establishment, and for such other and further relief as to this Court seems just and proper.
I Dated: (.;fu MaY,2011

Respectfully submitted By:

%. . i. ~"- RICKEY LYNCH

JERRY FINCH JR

'It

W i DAMIEN R. SMALL / ~rf-.

LEROY C. JONES ·0Vl"-"'"l.

CHARLES WHIDBEE

THEODORE DAVIS

Vi/HI ADAM WILLIAMS

t/~

JOSEPH POTTER JR ~sefh ~

~~ DONALD BANGS

EDWARD KEYES &).;.:prJ ~~u\j-
Cj)'~ JASON COOPER1i/Y>f>v"-
KEVIN M. MASSEY ~UNV\ (\'\ ('{\CI/.YY'Cj.1.

MACK BUTLER

' ~

DARRYL ISAAC;:1~ ~~

EDDIE M. SIMS ~.f!l ~
# DALLAS JOHNSONDU~ :xk)§1.
SYD~OR~~""7 CDOHRNIISWT.OJPHAERCKSON~~~'
)?~~~ ~~'£Io FELIPE ROVELO
ROBERT BERNHARD

STATE OF NEW YORK ) COUNTY OF SUFFOLK )55.:
Sworn to before me this \ I;> ~" day of _l'-_"'-,-"'--,'l_ _~. 20J.L

4 " --:;;-r,t;---
Notary Public
JosephFoti
Notal\' Pub1ic, Slate of r-Jew YOIt
.. 01F061297C2 <luafilied in Suffolk Counly
Commission expires July 5";l 0 13

 
 Case 2:11-cv-02602-JS-GRB Document 334 Filed 04/05/12 Page 1 of 42 PageID #: 1353

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF NEW YORK ----------------------------------------------------------------------x
MACK BUTLER, DASHAUN SIMS, CLYDE LOFTON, PAUL ALVER, KEVIN KING, and RICKEY LYNCH, on behalf of themselves and all others similarly situated,
Plaintiffs,
vs.

11-cv-02602 (JS) (GRB)
CONSOLIDATED AMENDED CLASS ACTION
COMPLAINT

SUFFOLK COUNTY, VINCENT F. DEMARCO, in his individual and official capacity, JOSEPH T. CARACAPPA, in his individual and official capacity, and JOHN P. MEYERRICKS, in his individual and official capacity,
Defendants.
----------------------------------------------------------------------x

JURY TRIAL DEMANDED

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TABLE OF CONTENTS Page
NATURE OF THE ACTION ......................................................................................................... 1 JURISDICTION AND VENUE ..................................................................................................... 2 PARTIES ........................................................................................................................................ 3
I. The Named Plaintiffs .............................................................................................. 3 II. The Defendants ....................................................................................................... 5 CLASS ACTION ALLEGATIONS ............................................................................................... 6 FACTUAL ALLEGATIONS ......................................................................................................... 8 I. Background ............................................................................................................. 8 II. Overcrowding at the Suffolk County Correctional Facilities ................................. 9 III. The Squalid, Unhygienic, and Hazardous Living Conditions at the Suffolk
County Correctional Facilities .............................................................................. 11 A. The Riverhead Facility – “I know we’ve done things wrong, but
nobody should have to live like this”........................................................ 11 i. Chronic Exposure to Human Waste...............................................11 ii. Hazardous Showers – Corrections officer admits “I would not
even put my dog in these showers”................................................13 iii. Prolonged Exposure to Mold, Rust, Vermin, Freezing
Temperatures, and Leaking Water, in a Facility Lacking Adequate Ventilation .....................................................................14 B. The Yaphank Facility – “I shouldn’t have to live in fear for my health and safety” ................................................................................................ 17 i. Chronic Exposure to Human Waste...............................................17 ii. Hazardous Showers........................................................................18 iii. Prolonged Exposure to Mold, Rust, Vermin, Freezing Temperatures, and Leaking Water, in a Facility Lacking Adequate Ventilation .....................................................................19

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IV. Lack of Access to Clean Drinking Water and Safe Food at the Suffolk County Correctional Facilities – “I wouldn’t even give my dog the stuff they gave us” ................................................................................................................ 21 A. Riverhead’s Contaminated Drinking Water and Food.............................. 22 B. Yaphank’s Contaminated Drinking Water and Food................................ 24
V. Defendants’ Pattern and Practice of Deliberate Indifference to the Inhumane Conditions at the SCCF ........................................................................................ 27 A. Suffolk County ......................................................................................... 27 B. Defendants DeMarco, Caracappa, and Meyerricks .................................. 33
CAUSES OF ACTION ................................................................................................................. 36 PRAYER FOR RELIEF ............................................................................................................... 38

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Plaintiffs Mack Butler, Dashaun Sims, Clyde Lofton, Paul Alver, Kevin King, and Rickey Lynch (collectively, the “named Plaintiffs”), on behalf of themselves and all others similarly situated, by their attorneys Shearman & Sterling LLP and of-counsel New York Civil Liberties Union, in their Amended Consolidated Class Action Complaint (the “Complaint”) herein against Suffolk County (the “County”), Vincent F. DeMarco, Joseph T. Caracappa, and John P. Meyerricks (collectively, the “Defendants”), allege as follows:
NATURE OF THE ACTION 1. The men detained in the Suffolk County Correctional Facilities (the “SCCF”), the majority of whom have not been convicted of any crime, are subjected to inhumane conditions that pose unreasonable and substantial risks to their health. The men are forced to live in overcrowded conditions, amidst filth, overflowing sewage, and pervasive mold, rust, and vermin. The Fifth Circuit once noted, “No one in civilized society should be forced to live under conditions that force exposure to another person’s bodily wastes.” Yet night after night, the men confined in the SCCF – both at the Riverhead and Yaphank facilities – are forced to do exactly that. 2. The men detained in the SCCF lack access to clean drinking water and safe food, as well as basic necessities such as sanitary and properly functioning sinks, toilets, and showers. Rodents and insects invade their living areas and contaminate their food. In the winter, the men sleep in freezing cells, made colder still by leaking water that drips into their sleeping quarters. They attempt to stave off the cold with a single worn blanket. These conditions, independently and through their mutually reinforcing effects, produce a serious deprivation of basic human needs.

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3. Even corrections officers at the SCCF have commented on the deplorable and inhumane conditions at the facilities, describing them as unfit for animals. As a direct result of the poor conditions of the facilities, the men detained there suffer from chronic ailments – including persistent and recurring digestive and respiratory issues, skin infections and rashes, and dehydration – and are at a current and ongoing risk of suffering from more serious ailments in the future.
4. This action is brought to end a pattern and practice of deliberate indifference to the inhumane conditions in which the men detained in the SCCF live. The Defendants are those who are responsible for overseeing the facilities but have failed to ensure a safe and sanitary environment for the men, instead allowing the facilities to remain overcrowded and to continue deteriorating.
5. The Defendants have known about the appalling conditions in the SCCF for years, but they have failed to make reasonable efforts to remedy those conditions. As a result, Plaintiffs, six current and former detainees and prisoners housed within the SCCF, bring this action for injunctive relief in the form of an appropriate remedial order to improve the conditions in the facilities to meet constitutionally acceptable standards, declaratory relief, and money damages to redress Defendants’ violation of Plaintiffs’ rights under the Eighth and Fourteenth Amendments to the United States Constitution and the Due Process Clause of the New York State Constitution.
JURISDICTION AND VENUE 6. This action arises under the Constitution and laws of the United States, including 42 U.S.C. § 1983. This Court has subject-matter jurisdiction pursuant to 28 U.S.C. §§ 1331 and
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1343(a)(3). This Court may exercise supplemental jurisdiction over the claims based on New York law pursuant to 28 U.S.C. § 1367.
7. This Court has jurisdiction to issue the declaratory relief requested pursuant to the Declaratory Relief Act, 28 U.S.C. §§ 2201 and 2202. This Court may also grant injunctive relief pursuant to 18 U.S.C. §§ 2283, 2284, and 3626, and Rule 65 of the Federal Rules of Civil Procedure.
8. Venue is proper in the Eastern District of New York pursuant to 28 U.S.C. § 1391(b)(2). All the events described in this Complaint occurred in the Eastern District of New York.
PARTIES I. The Named Plaintiffs
9. Mr. Mack Butler, 37 years old, has four young children and has lived in Suffolk County for most of his life. Mr. Butler is currently detained in the Riverhead Correctional Facility (“Riverhead”) of the SCCF located at 100 Center Drive, Riverhead, New York 11901. He has been detained in the SCCF since January 2011 and is still awaiting trial. At all times while detained in the SCCF, Mr. Butler has been exposed to the conditions described in this Complaint.
10. Mr. Dashaun Sims, 23 years old, grew up in Suffolk County, in Amityville, New York. He has a three-year-old son. Mr. Sims is currently detained in Riverhead and has been detained in that facility since May 2010. Mr. Sims is awaiting sentencing. At all times while detained in the SCCF, Mr. Sims has been exposed to the conditions described in this Complaint.
11. Mr. Clyde Lofton, 26 years old, has a young son and worked as a chef prior to his incarceration in the SCCF. Mr. Lofton is currently detained in the Yaphank Correctional Facility
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(“Yaphank”) of the SCCF, at 69 Yaphank Avenue, Yaphank, New York. He has been detained in Yaphank since September 2011 and is still awaiting trial. At all times while detained in the SCCF, Mr. Lofton has been exposed to the conditions described in this Complaint.
12. Mr. Paul Alver, 21 years old, grew up in Suffolk County, in Bayshore, New York, in a large family. He has training in carpentry and electrical wiring. Mr. Alver is currently detained in Yaphank and has been detained in that facility since September 2011. Mr. Alver is currently serving a sentence for a non-violent crime. At all times while detained in the SCCF, Mr. Alver has been exposed to the conditions described in this Complaint.
13. Mr. Kevin King, 27 years old, is the father of two young children and worked in retail and construction prior to his incarceration in the SCCF. He was detained in Riverhead from January 2011 until early April 2012. Mr. King was convicted in January 2012 of a non-violent crime. At all times while detained in the SCCF, Mr. King was exposed to the conditions described in this Complaint.
14. Mr. Rickey Lynch, 49 years old, has spent much of his life in Suffolk County, in Coram, New York, and ran a cleaning business prior to his incarceration in the SCCF. Mr. Lynch was detained in Yaphank from July 2010 through November 2010 and Riverhead from November 2010 through October 2011. Mr. Lynch was convicted in October 2011 of a non-violent crime. At all times while detained in the SCCF, Mr. Lynch was exposed to the conditions described in this Complaint.
15. As a result of their confinement in the SCCF and exposure to the conditions described in this Complaint, Plaintiffs have suffered intestinal illnesses, skin conditions, respiratory infections, fungal infections, nose bleeds, headaches, blurred vision, and dizziness.
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16. Each named Plaintiff currently detained in the SCCF at the time of the filing of this Complaint sues for injunctive relief, declaratory relief, compensatory damages, and punitive damages on behalf of himself and all other members of the Plaintiff class who are similarly situated, and for injunctive relief on behalf of all members of the Plaintiff class who be will detained in the SCCF in the future. Each named Plaintiff previously detained in the SCCF sues for declaratory relief, compensatory damages, and punitive damages on behalf of himself and all other members of the Plaintiff class who are similarly situated. II. The Defendants
17. Defendant Suffolk County operates the SCCF through its Sheriff’s Office and allocates funds for the maintenance of the SCCF. The Sheriff’s Office promulgates and implements policies at the SCCF, including those governing the living and housing conditions, grievance procedures, and access to medical and other program services, mandated by local law and court orders, at the SCCF.
18. Defendant Vincent F. DeMarco is the Sheriff of Suffolk County, a post he has held since November 8, 2005. As Sheriff, Defendant DeMarco is the chief executive officer at the Suffolk County Sheriff’s Office. The Sheriff’s Office operates the SCCF and, upon information and belief, currently employs approximately 300 deputy sheriffs and 900 corrections officers to work in those facilities. As Sheriff, Defendant DeMarco has final policy-making authority for all matters relating to the operation of the SCCF, including final policy-making authority and ultimate responsibility for the custody, treatment, control, and care of all persons detained in the SCCF. The individuals working at the SCCF are Defendant DeMarco’s agents and employees. Defendant DeMarco is sued in his individual and official capacity.
19. Defendant Undersheriffs Joseph T. Caracappa and John P. Meyerricks are Defendant DeMarco’s deputies, and, upon information and belief, they oversee the day-to-day
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operation of the SCCF. Defendant Caracappa was previously a Suffolk County legislator and a member of the Public Safety & Public Information Committee of the Suffolk County Legislature. In that role, Defendant Caracappa attended various Public Safety & Public Information Committee meetings, including meetings in 2004, 2006, and 2007, during which the Committee discussed the desperate need for renovations and maintenance of the SCCF. Defendants Caracappa and Meyerricks are sued in their individual and official capacities.
CLASS ACTION ALLEGATIONS 20. Plaintiffs bring this action on their own behalf and, pursuant to Rule 23 of the Federal Rules of Civil Procedure, on behalf of all persons who are, were, or will be imprisoned in the SCCF. 21. Plaintiffs Butler, Sims, Lofton, and Alver represent a class of persons (“Injunctive Class”) primarily seeking injunctive and declaratory relief and defined as follows: All persons who, now or at any time in the future, are or will be detainees or prisoners in the custody of the Suffolk County Sheriff’s Department and housed in the Suffolk County Correctional Facilities located in Riverhead, New York and Yaphank, New York. 22. All of the named Plaintiffs represent a class of persons (“Damages Class”) seeking damages for harms incurred as a result of the conditions described herein and defined as follows: All persons who are or were detainees or prisoners in the custody of the Suffolk County Sheriff’s Department and housed in the Suffolk County Correctional Facilities (“SCCF”) located in Riverhead, New York and Yaphank, New York and who were or will be released from the SCCF on or after April 5, 2009. 23. The SCCF has a daily average population of 1,732 detainees and prisoners. Upon information and belief, the classes consist of thousands of individual claimants and joinder of all their members is impracticable.
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24. The questions of law and fact presented by the named Plaintiffs are common to other members of the classes. Each class member’s claim raises the same basic questions: (1) whether the conditions of confinement described in this Complaint violate the United States Constitution and New York State law; (2) for the Injunctive Class, what type of injunctive relief is appropriate and necessary to ensure the conditions at the SCCF meet constitutional standards; and (3) for the Damages Class, what damages should be awarded to redress the harms suffered by the members of the class as a result of the unconstitutional conditions they were subjected to at the SCCF.
25. The claims of the named Plaintiffs are typical of the claims of the classes. The named Plaintiffs, like all class members, allege that Defendants violated their rights under the United States Constitution and New York State law by subjecting them to the conditions of confinement described in this Complaint. All class members will benefit from amelioration of the conditions at the SCCF and issuance of appropriate remedies. The named Plaintiffs’ interests in successfully resolving this action are thus consistent with the interests of all other class members, and there is no actual or potential conflict between the named Plaintiffs and other members of the classes.
26. The named Plaintiffs have retained competent and experienced counsel. The named Plaintiffs, through counsel, will fairly and adequately represent and protect the interests of all class members.
27. The Plaintiffs’ counsel, Shearman & Sterling LLP, is an international law firm with offices in New York City and 19 other locations worldwide. Shearman & Sterling has extensive experience in complex federal litigation and in pro bono federal civil rights litigation, and has the necessary personnel and financial resources to effectively litigate this case.
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28. Of-counsel in this case, the New York Civil Liberties Union (the “NYCLU”), is a non-profit membership organization founded in 1951 as the New York State affiliate of the American Civil Liberties Union. The NYCLU has long been devoted to protecting the fundamental rights and values embodied in the United States Constitution and the New York Constitution, and has extensive experience in litigating federal court class action cases involving civil rights claims. Indeed, the NYCLU has specific history successfully litigating class actions involving the SCCF in the Eastern District of New York. In 1974, the NYCLU served as class counsel in Manicone v. Cleary, 74 Civ. 575 (JBW) (E.D.N.Y.), a class action challenging certain conditions of confinement at the SCCF. That case resulted in a consent order that remained in effect for more than two decades, during which time the NYCLU consistently served as counsel to the class in enforcement actions and motions to modify the consent order.
FACTUAL ALLEGATIONS I. Background
29. The Suffolk County Correctional Facilities consist of the Riverhead Correctional Facility, a medium/maximum security jail, and the Yaphank Correctional Facility, a minimum security jail. The majority of the men detained in the SCCF either are awaiting trial or have been convicted of minor, non-violent crimes. In a study published in 2008, the Suffolk County Criminal Justice Coordinating Council (the “SCCJCC”), an interagency council formed to monitor prison conditions and crime in Suffolk County, estimated that 58% of people housed in the SCCF were pretrial detainees and 33% were sentenced prisoners. Sentenced prisoners are either serving a local jail sentence, which typically does not exceed one year, or are awaiting transfer to a New York state prison. Other individuals detained in the SCCF are alleged to have
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violated the terms of their parole and are awaiting their parole hearings or serving a sentence for a parole violation.
30. The SCCF has a history of violating minimum health and safety standards for correctional facilities in the State of New York. In 1997, The New York Times quoted a spokesman for the New York State Commission of Corrections (“NYSCOC”), who described the SCCF as “the most seriously and profoundly overcrowded county facility in the state.” Seven years later, a February 2004 article in The New York Times quoted the Suffolk County Sheriff’s Office as acknowledging that the severe overcrowding issues in the SCCF continued and estimating that the SCCF was typically housing at least 1,400 persons, but often more than 1,500, in facilities that, at the time, could handle just over 1,100.
31. In studies conducted that same year, and again in 2007, the SCCJCC concluded that the facilities remained dangerously overcrowded.
32. In 2010, a physician who provided medical services to those detained in the SCCF in 2007 and 2008 filed a lawsuit in this Court against the County for retaliating against her for reporting substandard and inadequate medical care and possible abuse of the men detained there. See Dillon v. Suffolk Cnty. Dep’t of Health Serv., et al., 07-CV-04722 (ADS) (WDW) (filed Nov. 1, 2010). II. Overcrowding at the Suffolk County Correctional Facilities
33. Despite the fact that the current stated capacity of the SCCF is 1,327 persons across both the Riverhead and Yaphank facilities, the SCCF has sought permission from the State of New York to house a daily average of 1,732 persons.
34. In 2004, NYSCOC ordered two dormitories in Yaphank to be permanently shut down, decreasing capacity by 140 beds, due to the decrepit and unsafe conditions that culminated in a serious sewage overflow in the dormitories. NYSCOC subsequently approved the
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temporary use of the Yaphank gymnasium as a housing area to make up for those lost beds. More than eight years later, approximately 60 men continue to be housed in the gymnasium area in Yaphank. Upon information and belief, no alternative indoor space is provided for fitness and recreational activities.
35. According to the 2007 SCCJCC study referred to above, see supra ¶ 29, at Riverhead, 208 cots were set up inside the day area space and 56 cots were set up in the day area space of each “Pod” (i.e., individual cells built around a central open space) to accommodate the overflow of men detained there. The SCCJCC described these additional cots as “encroaching on space that was designed for other purposes.” Additionally, according to the same study, 192 cells originally intended to house only one person were double-bunked to house two people. That same year, the Suffolk County Sheriff’s Office Chief of Staff referred to the overcrowding as a “code red” situation.
36. The 2007 SCCJCC study noted that the overcrowding variances that the NYSCOC granted were contingent on Suffolk County complying with the Commission’s recommendation to add permanent jail space. A new Suffolk County correctional facility was originally scheduled to be completed in 2011, but was later delayed until “early 2012.” Upon information and belief, at the time of filing this Complaint, this planned addition neither is in operation nor has an official opening date.
37. Suffolk County frequently transfers men detained in the SCCF back and forth to other correctional facilities, such as the facilities in Nassau County, to lower the population count in the SCCF, at great cost to the County. Nevertheless, the SCCF remains overcrowded.
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III. The Squalid, Unhygienic, and Hazardous Living Conditions at the Suffolk County Correctional Facilities 38. The men detained in Riverhead and Yaphank are forced to live in squalid,
unhygienic, and hazardous living conditions that pose a substantial and ongoing risk to the men’s physical and mental health. Many of the men detained in the SCCF have been housed in other correctional facilities as the result of either transfers or previous or subsequent incarcerations, and they describe the uninhabitable conditions at the SCCF as the worst conditions of any jail or prison they have known. On information and belief, all of the conditions described herein have persisted regularly since at least 2009.
A. The Riverhead Facility – “I know we’ve done things wrong, but nobody should have to live like this”
39. All of the men detained in Riverhead are subjected to inhumane conditions that deprive them of the basic human need for a sanitary and warm environment. As one man detained in Riverhead described his conditions, “[T]he word I would use is torture – I know we’ve done things wrong, but nobody should have to live like this.”
i. Chronic Exposure to Human Waste 40. Riverhead’s plumbing problems have created an unsanitary environment for the men detained there by exposing them to human waste on a regular and ongoing basis. 41. Each individual cell contains a toilet that sits two to three feet away from the individual’s bed. Flushing a toilet in an adjoining or nearby cell causes sewage to rise up in another’s toilet. 42. During the day, the men detained in Riverhead attempt to mitigate the effects of these “ping-pong toilets” by warning each other when they are about to flush a toilet so that those in neighboring cells may flush their toilets at the same time, which lessens the ping-pong
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effect. Nevertheless, many of them have had other men’s fecal matter and waste rise up through the pipes and spout onto their buttocks when using their own toilets.
43. The toilet seats have accrued filth over time as a result of the frequent waste back-up and overflow, and the residue has caused the men to suffer from rashes on their buttocks.
44. Nearly every night, when the men are sleeping (and cannot make a plea to the others to flush simultaneously), the toilets collect waste from those in neighboring cells and sometimes that waste overflows onto the cell floors.
45. The men detained in Riverhead wake up daily to accumulated waste that causes them to regularly vomit, cough, and suffer from nausea and severe headaches due to the fumes. On the Four East North cell block, the men regularly place towels or other items over their toilet bowls in a futile attempt to contain the stench.
46. Corrections officers in Riverhead are also exposed to the strong odors released by the waste back-up in the toilets and the frequent overflow of waste onto the floors of the men’s cells. The facility’s nurses have called the ping-pong toilets a “serious health hazard” and commented that no one should be locked up in a cell inhaling bodily waste.
47. The men have raised the plumbing problems with corrections officials on many occasions. Nevertheless, the toilets have not been fixed.
48. Living in close proximity to human waste is a health hazard. Human excrement carries harmful microorganisms, which can cause diarrhea, fever, cramps, and vomiting, in addition to more severe conditions. Persons in close proximity to human waste can contract parasites or hepatitis and develop skin and eye infections.
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49. The exposure to sewage and human waste poses serious, ongoing harm to the health of the men detained in Riverhead.
ii. Hazardous Showers – Corrections officer admits “I would not even put my dog in these showers”
50. The showers in Riverhead are decrepit, coated with thick, black mold, and reek of mildew. The faucets and pipes are rusted over.
51. Sewage backs up out of the shower drains regularly, and there is often standing water in the showers because the drains are frequently clogged. The water the men use to wash themselves sometimes smells like sewage.
52. When the men detained in Riverhead shower, they try not to touch anything in the showering area in an attempt to avoid direct contact with the mold, mildew, rust, and sewage. But, due to the narrow size of the stalls, and inadequate footwear, the men often come into contact with these substances while showering.
53. Routine exposure to the mold, rust, sewage, and brown water in the showers has given the men skin conditions such as: severe fungal infections on their feet; dry, cracked, itchy feet; discolored green or black toenails; painful, itchy, and flakey skin rashes that bleed and scab when scratched; and bumps on their backs, chests, arms, and buttocks.
54. The corrections officers and medical staff in Riverhead are well aware of the unsanitary conditions of the showers. Corrections officers have stated that they “would not even put [their] dog[s] in [those] showers.” Similarly, nurses have remarked that the showers are “horrible” and “unsanitary.”
55. The men have raised the unsanitary conditions of the showers with corrections officials on many occasions. Nevertheless, the showers have not been fixed.
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56. When the men have requested cleaning supplies to try to remove the mold themselves, corrections officials have either not responded to their requests or provided only ineffective cleaning solution in insufficient quantities. The men regularly request, but are rarely provided, gloves to protect their hands and arms. Consequently, those men who have tried to remove the mold with the weak solution provided have not been able to do so and have been left with thick, black fingernails. The men’s requests for reasonable, adequate cleaning materials have gone unanswered.
57. The hazardous showers pose a serious, ongoing harm to the health of the men detained in Riverhead.
iii. Prolonged Exposure to Mold, Rust, Vermin, Freezing Temperatures, and Leaking Water, in a Facility Lacking Adequate Ventilation
58. The mold and rust in Riverhead are not limited to the showers. The communal “slop sinks,” where the men access drinking water and wash their spoons, cups, and clothes, are also lined with mold. There is also mold on the walls of the men’s cells.
59. The SCCF have attempted on various occasions to mask mold by painting directly over it. The paint cannot contain the mold growth, however, and chips of moldy paint frequently drop into living spaces, including onto the men’s beds.
60. According to the U.S. Centers for Disease Control and Prevention and the World Health Organization, exposure to mold – particularly indoors – can lead to upper respiratory tract problems in otherwise healthy people, including bronchitis, which can become chronic. Mold can also cause serious lung infections, exacerbate asthma symptoms in persons with asthma, and cause otherwise healthy people to develop asthma. Mold exposure can also cause people to develop ongoing allergies that will linger with them even after they are no longer exposed to high concentrations of mold.
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61. Rust covers the bars of the men’s cells, their bed frames, and the air vents. Flakes of rust from the vents and chips of paint peeling off the walls fall onto the men’s bedding and clothes.
62. In addition to mold and rust, vermin are also a constant presence in Riverhead. Insects and cockroaches roam in the individual cells and in the showers.
63. Vermin carry disease, contaminating food with their feces and saliva. Their secretions can cause allergic reactions and exacerbate asthmatic conditions. The health hazards created by the vermin are further exacerbated by inadequate plumbing and ventilation in the facility.
64. Alongside the general filth, the men detained in Riverhead live in very cold temperatures in the wintertime, causing them severe discomfort, particularly at night. Some of the men have described the temperature inside Riverhead as akin to sleeping in a refrigerator. The men often see corrections officers wearing their coats while working in the housing areas.
65. Despite the low temperatures, each man receives only a single, thin blanket. Many of these blankets have holes in them. In an attempt to keep warm at night, some men try to obtain extra blankets by taking the blankets left behind by men who have been discharged. But corrections officials do not permit the men to have more than one blanket and confiscate any additional blankets they find during inspections.
66. Lack of heat for extended periods disrupts sleep patterns, causes stress, and increases susceptibility to disease.
67. When the men have complained to the corrections officers about the cold air temperature in Riverhead, some officers have turned up the air conditioning while simultaneously opening all the windows, making it even colder.
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68. The cold temperature inside Riverhead is compounded by the cold water – sometimes brown in color – leaking from the ceiling into some of the men’s cells.
69. Upon information and belief, the source of the leaks is ill-fitted or broken pipes in the ceiling. The leaks are worse when it rains.
70. The leaking water wets the men’s bedding, mattresses, and clothing, making the cells damp and causing mold and paint to “melt off” the walls onto the men’s beds.
71. The men are also at risk of exposure to asbestos from the leaking pipes, which are lined with insulation believed to contain asbestos. The leaking water has caused floor tiles in the facility to turn upward, exposing the glue underneath them, also believed to contain asbestos.
72. According to the U.S. Centers for Disease Control and Prevention, long-term exposure to asbestos can cause a serious, progressive disease that scars lung tissue and results in respiratory problems of increasing severity.
73. Riverhead’s air vents are caked over with a mix of rust, mold, dust, and dirt, permitting very little air flow.
74. Despite these toxic conditions, windows are often kept shut, preventing fresh air from circulating (except, that is, when some corrections officers attempt to punish the men for complaining about the cold temperatures in the facility by opening the windows to let in the freezing air).
75. Riverhead’s unsanitary environment is compounded by inadequate ventilation. Inadequate ventilation creates and exacerbates unsanitary and unhealthy conditions by providing an environment hospitable to fungus, mold, rust, and bacteria, and by contributing to the transmission of airborne diseases. The serious nature of the problem is magnified for those who
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suffer from asthma or other respiratory ailments or have compromised immune systems, such as those men who have HIV infections.
76. As a result, the noxious fumes of feces, urine, and mold stagnate in the cells, and moldy and toxic air persists in the facility.
77. Asthmatic men have suffered from a worsening of their condition since being incarcerated in Riverhead. Even non-asthmatic men experience difficulty breathing and suffer from frequent coughs and chest pain as a result of their exposure to the conditions in Riverhead.
78. The men have raised these unsanitary and hazardous conditions with corrections officials on many occasions. Nevertheless, these conditions have persisted unabated.
79. The men’s exposure to mold, rust, vermin and their excretions, freezing temperatures, and leaking water, in an environment with inadequate ventilation, individually and through their mutually reinforcing effects, poses serious, ongoing harm to their health.
B. The Yaphank Facility – “I shouldn’t have to live in fear for my health and safety”
80. Yaphank is a minimum security facility that primarily houses pretrial detainees. In Yaphank, the men sleep in dormitories rather than individual cells. They live in inhumane conditions, in an already overcrowded facility. The conditions described below deprive the men detained in Yaphank of the basic human need for a sanitary and warm environment.
i. Chronic Exposure to Human Waste 81. Yaphank’s plumbing problems have created an unsanitary environment for the men detained there and deprived them of the basic human need for working toilet facilities. 82. For example, three of the five communal toilets in an area of Yaphank known as “North 1” and two of the five communal toilets in “South 2” are broken and filled with stagnant feces and urine. The broken toilets are covered with plastic bags, which do little to contain their
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stench. In the gymnasium, there are only three or four working toilets for roughly 65 men housed in that part of the facility. All six urinals in “North 2,” five of the six urinals in “South 2,” and half of the urinals and three of the seven toilets in “North 3” are broken. Because large numbers of men are required to use a few functioning toilets, the toilets overflow, and waste seeps into the sleeping areas.
83. Sewage regularly seeps out of the shower drains and is often found in puddles on the floor near the communal table where the men eat their meals.
84. The men have raised the problems relating to both the broken toilets and sewage from the showers with corrections officials on many occasions. Nevertheless, the plumbing issues have persisted unabated.
85. Exposure to sewage and human waste poses serious, ongoing harm to the health of the men detained in Yaphank. See supra ¶ 48.
ii. Hazardous Showers 86. The showers in Yaphank are coated with thick, black mold and mildew and reek of mold, mildew, and waste. 87. Sewage regularly backs up out of the shower drains. The water the men use to wash themselves is sometimes brown and smells like sewage. 88. When the men detained in Yaphank shower, they try not to touch anything in the showering area in an attempt to avoid direct contact with the mold, mildew, and sewage. But, due to the narrow size of the stalls, and inadequate footwear, the men often come into contact with these substances while showering. 89. As a result of their daily exposure to the mold, mildew, sewage, and brown water, the men in Yaphank suffer from skin conditions such as: severe fungal infections on their feet;
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dry, cracked, itchy feet; discolored green or black toenails; painful, itchy skin rashes that bleed and scab when scratched; and bumps on their backs, chests, and arms.
90. The men have raised the issues of the mold, mildew, and sewage in the showers with corrections officials on many occasions. Nevertheless, the showers have not been fixed.
91. When the men have requested cleaning supplies to remove the mold themselves, corrections officials have either not responded to their requests or provided ineffective cleaning solution in insufficient quantities. As a result, the men have not been able to remove the mold. The men’s requests for stronger cleaning materials have gone unanswered.
92. The hazardous showers pose a serious, ongoing harm to the health of the men detained in Yaphank.
iii. Prolonged Exposure to Mold, Rust, Vermin, Freezing Temperatures, and Leaking Water, in a Facility Lacking Adequate Ventilation
93. Mold is found on the bars, walls, and vents around the housing areas in Yaphank. 94. The SCCF have attempted on various occasions to mask mold by painting directly over it. The paint has not been able to contain the mold growth, however, and paint and mold chip off of the walls onto the beds. 95. Exposure to mold can cause and exacerbate various respiratory illnesses. See supra ¶ 60. 96. Rust covers the bars surrounding the housing areas, bed frames, and air vents. Flakes of rust from the vents and the bottom of the top bunks of the bunk beds, along with chips of paint peeling off of the walls, fall onto the men’s bedding and clothes. 97. In addition to the mold and rust, vermin is a constant presence in Yaphank. The men detained in Yaphank often see mice, roaches, spiders, gnats, and flies in housing and food preparation areas of the facility. Some men have been bitten by spiders in the facility. Mice eat
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the food the men purchase from the commissary, even when it is stored in closed lockers. The men try to seal the gaps in their lockers using tape, or by stuffing paper towels, in an attempt to protect their food.
98. Vermin carry disease, contaminating food with their feces and saliva. Their secretions, saliva, hairs, certain body parts, and feces can cause allergic reactions and exacerbate asthmatic conditions. The health hazards created by the vermin are further exacerbated by inadequate plumbing and ventilation in the facility.
99. Alongside the general filth of the facility, the men live in freezing temperatures during the winter. The gymnasium area – which houses men on a permanent basis, see supra ¶ 34 – is especially cold.
100. The men are each provided with a single blanket, many of which have holes, providing insufficient protection against the cold temperatures inside the facility.
101. Lack of heat for extended periods disrupts sleep patterns, causes stress, and increases susceptibility to disease.
102. Yaphank’s ceilings leak water into the dormitories and onto the men’s beds, particularly when it rains, compounding the cold and causing their bed frames to rust. The men have been forced to move their beds into tight quarters of the dormitories to avoid the dirty, freezing water leaking from the ceilings. The men, including those of more advanced age, have also slipped on the resulting water puddles in the dormitories.
103. The men are at risk of exposure to asbestos from the leaking pipes, which are lined with insulation believed to contain asbestos. Upon information and belief, the leaking water has caused floor tiles in the facility to turn upward, exposing the glue underneath them, also believed to contain asbestos.
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104. Long-term exposure to asbestos can cause a serious, progressive disease and respiratory problems of increasing severity. See supra ¶ 72.
105. Black mold and rust cover Yaphank’s vents and circulate in the air when the air conditioning is on. The men who sleep on the top bunk of bunk beds sleep within inches of the moldy and rusty vents.
106. Despite these toxic conditions, windows are kept shut, preventing fresh air from circulating. As a result, moldy and toxic air persists in the facility.
107. Inadequate ventilation creates and exacerbates unsanitary and unhealthy conditions and is particularly harmful to those who suffer from respiratory ailments or have compromised immune systems. See supra ¶ 75.
108. Asthmatic men have suffered from a worsening of their condition since being incarcerated in Yaphank. Even non-asthmatic men experience difficulty breathing and suffer from frequent coughs and chest pain as a result of their exposure to the conditions.
109. The men have raised these unsanitary and hazardous conditions with corrections officials on many occasions. Nevertheless, these conditions have persisted unabated.
110. The exposure of the men detained in Yaphank to mold, rust, vermin and their excretions, freezing temperatures, and leaking water, in an environment with inadequate ventilation, individually and through their mutually reinforcing effects, poses serious, ongoing harm to their health.
IV. Lack of Access to Clean Drinking Water and Safe Food at the Suffolk County Correctional Facilities – “I wouldn’t even give my dog the stuff they gave us” 111. Adding to the inhumane conditions of confinement at the SCCF, the men detained
in Riverhead and Yaphank are deprived of access to clean, safe, and adequate drinking water and food.
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A. Riverhead’s Contaminated Drinking Water and Food 112. The men detained in Riverhead lack access to clean drinking water. 113. Tap water is their primary source of drinking water. It regularly is brown or yellow in color, contains particles of unidentified sediment, tastes metallic, and smells “like a cesspool.” 114. Several of the men have gauged the water’s filth and sediment levels by attaching a white sock to the faucet and running the tap; the results were uniformly a brown sock filled with a rusty brown substance. 115. Sometimes the water is particularly dark brown. On those days, the men try to make light of a bad situation, warning each other that “[t]hey’re serving iced tea again.” 116. When the sinks in individual cells are broken, as they often are, the men are forced to drink water from the slop sinks, which, as described above, see supra ¶ 58, are lined with mold. 117. Drinking the tap water has caused the men to suffer from stomach aches and cramps, nausea, vomiting, and diarrhea. 118. The only alternative drinking water available to the men is from urns, found in each cell block, containing hot water for the men to use with items purchased from the commissary like coffee or soup. Upon information and belief, although the heated water in the urns comes out of the taps, the men prefer to drink it in the hope that the heating process has killed some germs, and they will therefore avoid becoming ill. Only two urns are distributed to each tier each day and, given that the men are forced to use the urns as their primary source of drinking water, do not hold sufficient quantities to meet their daily needs. The urns themselves have at times contained mold.
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119. Bottled water is not sold from the commissary. The many men who forgo drinking the contaminated tap water to avoid becoming ill and instead drink only the limited hot water found in the urns, the small milk boxes distributed with meals, and the small cup of sugary juice distributed each day, are unable to obtain adequate fluids.
120. As a result of their inadequate water intake, men detained in Riverhead feel weak, dizzy and dehydrated, and suffer from severe headaches.
121. Some men even refuse to wash their spoons in the water, for fear of contamination.
122. Similar to the water, the food served to the men detained in Riverhead is unsafe and inadequate.
123. The men’s meals are handed to them through slots in the bars which are rarely or never cleaned. The slots are caked with rust, paint chips, and old food, all of which regularly fall onto the men’s food when the trays are passed through.
124. Rust and paint is chipping off of the bars near or around the eating area. 125. Rodents and insects have been seen running around Riverhead’s kitchen. 126. As a result, flakes of rust and mice droppings have been found in the food served to the men. At times, the served food has been partially eaten by mice. One prisoner witnessed someone pull what appeared to be a rat’s tail from the food. As described above, rodents carry many kinds of diseases. See supra ¶¶ 63, 98. 127. Riverhead’s kitchen tap water is often brown in color, but it is still boiled and served to the men. 128. The carts used in Riverhead to distribute food have often been filthy and contaminated the men’s meals.
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129. The food served in Riverhead is always either cold or room temperature, even if it is a meal intended to be served hot.
130. The chicken served to the men is often undercooked, sometimes raw and with visible blood.
131. The men have suffered stomach cramps and vomited after eating the food served at Riverhead. To avoid becoming ill, those who can afford it eat only food purchased from the commissary.
132. The lack of access to clean, safe, and adequate drinking water and food poses serious, ongoing harm to the health of the men detained in Riverhead.
B. Yaphank’s Contaminated Drinking Water and Food 133. The men detained in Yaphank lack access to clean drinking water. 134. Tap water is their primary source of drinking water. It regularly is brown or yellow in color, contains particles of unidentified sediment, tastes metallic, or smells like waste. 135. Several men have gauged the water’s filth and sediment levels by attaching a white sock to the faucet and running the tap; the results were uniformly a brown sock filled with a rusty brown substance. 136. Drinking the tap water has caused the men to suffer from stomach aches, nausea, and vomiting. 137. The only alternative drinking water available to the men is from urns, found in each housing tier, containing hot water for the men to use with items purchased from the commissary like coffee or soup. Upon information and belief, although the heated water in the urns comes out of the taps, the men prefer to drink it in the hope that the heating process has killed some germs, and they will therefore avoid becoming ill. Only two urns are distributed to
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each housing tier each day and, given that the men are forced to use the urns as their primary source of drinking water, do not hold sufficient quantities to meet their daily needs.
138. Bottled water is not sold from the commissary. The many men who forgo drinking the contaminated tap water to avoid becoming ill and instead drink only the limited hot water found in the urns, the small milk boxes distributed with meals, and the small cup of sugary juice distributed each day, are unable to obtain adequate fluids.
139. As a result of their inadequate water intake, men detained in Yaphank feel weak, dizzy and dehydrated, and suffer from severe headaches.
140. Similar to the water, the food served to the men detained in Yaphank is unsafe and inadequate.
141. The men detained in Yaphank have been served food that has been partially eaten by rodents and contains rodent droppings or roaches. As described above, vermin and their excrement carry diseases. See supra ¶ 98.
142. The communal table on which the men detained in Yaphank eat their meals is rusty and has paint chipping off it.
143. The cart used in Yaphank to distribute food is kept in an area lined with mold. 144. The food served to the men is often cold or room temperature, even if it is a meal intended to be served hot. 145. The chicken served to the men is often undercooked or raw with visible blood. 146. Describing the quality of food served at Yaphank, one man explained, “I wouldn’t even give my dog the stuff they gave us.” 147. The men have suffered from stomach cramps and vomiting after eating the food served at Yaphank.
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148. To avoid becoming ill, those who can afford it eat only food purchased from the commissary. However, as described above, rodents and insects frequently crawl into the men’s lockers and eat their commissary food. See supra ¶ 97.
149. The lack of access to clean, safe, and adequate drinking water and food poses serious, ongoing harm to the health of the men detained in Yaphank.
150. The conditions at the SCCF described in this Complaint, individually and through their mutually reinforcing effects, have caused the men detained in the facilities to suffer from frequently recurring nausea, vomiting, severe headaches and migraines, dizziness, nose bleeds, skin rashes, severe fungal infections, and intestinal and respiratory problems. The conditions also pose an unreasonable risk of serious damage to the men’s long-term health. Upon information and belief, living in these conditions has also negatively affected the mental health of the men, causing increased tension among them and leading to suicidal thoughts and actions.
151. The SCCF’s overcrowding and pervasive unsanitary conditions have created a situation in which the number of injuries and illnesses resulting from those conditions far exceed the medical resources of the facilities. The nurses who walk around the SCCF have verbally acknowledged the health risks associated with the unsanitary conditions, but have also complained to the men detained there that the medical staff receives too many medical slips and that they cannot respond to them all. The men are seen by the medical clinic weeks, and sometimes months, after they put in an initial request, even when they are very ill or in severe pain and only after submitting multiple requests. Some men who have requested medical treatment for symptoms arising out of the facilities’ conditions described in this Complaint were never seen by the clinic at all.
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V. Defendants’ Pattern and Practice of Deliberate Indifference to the Inhumane Conditions at the SCCF A. Suffolk County 152. Suffolk County, through its Sheriff’s Office, the County Executive, and the
Legislature (collectively in this section “Suffolk County”), has engaged in a pattern and practice of deliberate indifference to the inhumane and unconstitutional conditions at the SCCF.
153. Suffolk County has systematically and deliberately ignored, or failed to take reasonable measures to address, the visibly deplorable and unconstitutional conditions at the SCCF. As described in detail in this Complaint, the facilities are overcrowded and filled with rust and holes, causing them to leak water in many areas inside the facilities. Areas of the walls, ceilings, and showers are covered in black mold. Men are forced to live in each others’ filth and waste. The facilities are infested with rodents and insects. The water is undrinkable and visibly dirty, and the food is inadequate and unsafe and served in visibly filthy conditions.
154. Suffolk County has also systematically and deliberately ignored, or failed to take reasonable measures to address, the complaints about the deplorable and unconstitutional conditions raised by the men detained in the SCCF. For years, the men detained in Riverhead and Yaphank have submitted grievances through the SCCF’s complaint procedures describing the conditions set forth in this Complaint and have sought medical treatment for their injuries arising from these conditions.
155. Finally, Suffolk County has systematically and deliberately ignored, or failed to take reasonable measures to address, the findings in various official reports of the deplorable and unconstitutional conditions at the SCCF by the New York State Commission of Corrections, the Suffolk County Budget Review Office, and the Suffolk County Criminal Justice Coordinating Council, among others.
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156. These overcrowded, uninhabitable, and hazardous conditions are the product of decades of neglect and the refusal by the County to adequately maintain the SCCF and ensure that there is sufficient space for its detainee and prisoner population. Since 1980, the New York State Commission of Corrections has warned Suffolk County that it may not ignore its overcrowding problems. But that is exactly what Suffolk County has done. The Suffolk County Budget Review Office, which reviews and monitors the budget for the Legislature, reported in 2004 that Suffolk County has applied “band-aids . . . to a problem that was never adequately addressed and has been allowed to fester for another twenty years.”
157. In 2002, the New York State Commission of Corrections warned Suffolk County that it “must literally address the problem rather than making a gesture to reduce overcrowding.” In response to Suffolk County’s lack of progress in addressing the issue of overcrowding at the SCCF, in 2003, the State Commission of Corrections rescinded Suffolk County’s variances on the condition that Suffolk County build a new facility to house another 1,200 men. Instead, the County allocated $1.1 million to start-up expenses for only 120 new beds and $150,000 to study whether more beds were needed, and stated in a capital budget report released in 2004 that they “may not want to build” the new correctional facility.
158. Later, in 2006, Defendant DeMarco, newly elected as County Sheriff, tried to convince the State Commission of Corrections that once the first phase of the new facility was built, providing 380 extra beds, the second phase, to provide some 600 more beds, would be unnecessary. However, the Commission stated that adding 380 extra beds would not be enough. The Commission was correct. In 2007, Defendant DeMarco sought even more variances because, he said, “[w]e blew our variance caps.” Defendant DeMarco was required to negotiate for an additional 152 beds. Between 2002 and 2006, the County spent $9 million to have the
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men housed in other facilities out of the county, and the County budgeted around $1.5 million per year to continue doing so.
159. Suffolk County knew or should have known that its pattern of refusing to address overcrowding concerns and its policy of merely applying “band-aids” – and allowing those bandaids to “fester for another twenty years” – created a real risk of violating the men’s constitutional rights by creating conditions like those reflected above. In 2004, the capital budget report, prepared by the Suffolk County Budget Review Office, discussed the closure of two Yaphank dormitories due to their uninhabitability and the significant cost incurred to relocate the men housed there: $282,200 in March 2004 and $432,035 in April 2004, with a total cost to exceed $5 million if they were not reopened. The capital budget report also noted that the County was reliant on the NYSCOC variances to house their detainee and prisoner population and, if those variances were rescinded, the County would not only incur significantly more costs but could face other significant liability including the “possible default in constitutional obligations to inmates [that] could ultimately result in remedial actions imposed by federal courts.”
160. Suffolk County knew or should have known that its facilities were not properly maintained and had been permitted to fall into total disrepair, and that this continued failure to address the problem had reached “desperate” proportions. In 2004, when the New York State Commission of Corrections closed the uninhabitable Yaphank dormitories, the Suffolk County Budget Review Office noted in a capital budget report that “the closure last month of the two 60bed dormitories at this facility by the New York State Commission of Corrections is indicative of seriously deficient conditions in parts of the facility.”
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161. This same report related in graphic detail the deteriorating conditions at the
Riverhead facility and the many years of neglect by the County to address the deteriorating
conditions:
The Riverhead Correctional Facility, originally constructed in the late 1960’s, is in need of significant maintenance, repair, and upgrading due both to its age and the fact that, for the past twenty-three years, increases in the inmate population have inordinately taxed its infrastructure. As a result, plumbing, heating, electrical and other mechanical systems have been overloaded and are breaking down. It was clearly evident during a recent tour of the facility…that the infrastructure is suffering from benign neglect: buckets are set out throughout the facility’s non-cell areas to catch water from the leaking roof; ceiling tiles in corridors and work areas are buckling and falling, flooring is torn up and uneven, often from water damage, creating tripping hazards; vent work is corroding from persistent moisture and leaks, leading to rust stains on walls, loosening or loss of baseboards, and the rusting of metal file cabinets to the floor; several cells are “closed” due to ceiling deficiencies; and the fire alarm system is virtually useless…Unbelievably, there is an area in this facility where one can look up and actually see the sky; believably, the state of the facility is one of the contributing factors that enabled the Sheriff’s Office to set the 1998-2002 Suffolk County departmental record for frequency of Worker’s Compensation claims, with 30.6 claims per 100 employees in 2001…The facility is at a critical juncture. One has only to look at the staggering problems and costs presently facing the County due to the lack of maintenance at the Yaphank Correctional Facility to see the future of this facility, if this project is not fast-tracked.
162. Despite these conditions, the Sheriff’s Office Chief of Staff testified before the
Public Safety & Public Information Committee of the Suffolk County Legislature that funds for
the renovation and maintenance of Riverhead had been moved either from 2005 until 2007 or
from 2006 until sometime after 2007. While the Chairperson admonished everyone to “read the
evaluation of the facility,” little has been done to rectify the uninhabitable conditions in
Riverhead.
163. In 2005, the Budget Review Office prepared another capital budget report and
noted, in detail, the desperate conditions at both Yaphank and Riverhead. The report noted that
eight dormitories in Yaphank desperately needed attention: “[The] building as it exists now is in
poor condition. There are several repair and maintenance items which must be addressed,
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specifically the renovations to the shower and toilet facilities in the dorms. Water continues to
leak through the walls into the hallways.”
164. At Riverhead, the 2005 report noted that very little, if anything, had changed since
the Budget Review Office had visited the facility a year earlier:
It was clearly evident during a recent site visit to the facility that the infrastructure continues to suffer from a lack of care. Water intrusion continues to be a major problem. Cracks can be seen in the exterior walls, bricks have fallen into the recreation yard. Damage to ceiling tiles is evident throughout the facility. Flooring is worn through to the sub-floor while sections of the floor [that] have had to be removed are now uneven creating tripping hazards. The fire alarm system is obsolete, unreliable and in a state of disrepair. There are electrical shorts in the wiring behind the walls causing frequent false alarms. The only method to verify an alarm is to confirm it by telephone. An inspection of several electrical rooms and pipe chases reveal aging electrical panels and transformers as well as leaking and corroded pipes that require constant repair…The condition of many of the bathroom and shower facilities was horrendous. Dimmer switches do not work so that lights must be left on in sleeping areas at all times or else the room will be completely dark, presenting a security problem. Controls for the HVAC system are not operational…If these renovations are not approved and completed in a timely manner and conditions continue to deteriorate the County runs the risk of having additional housing units shut down…Renovations, repairs, and continuous scheduled maintenance will have to constantly take place to preserve and maintain this facility.
165. The Budget Review Office recognized and reported that the conditions in
Riverhead were “desperate” and that the “repair and maintenance of this facility should be given
the highest priority.”
166. This fact was also broadly recognized by other County officials. In 2005, the
then-Undersheriff Donald Sullivan testified before the Public Safety & Public Information
Committee of the Suffolk County Legislature that the requested capital projects for both
Yaphank and Riverhead “all deal with the deterioration in our infrastructure over many many
years, a topic that we have been before this Legislature about many, many times over the last
three plus years and needs to be addressed or it gets worse as time goes by.” Further, with regard
to Riverhead, the Undersheriff testified, “[i]f these renovations are not approved, these
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deteriorating conditions will accelerate; if that occurs the County may once again find itself having to close a portion of inmate housing due to uninhabitable conditions, only this time at [the] Riverhead facility.”
167. In 2006, 2007, 2008, and 2009, the Budget Review Office stated that capital funds needed to be allocated to repair, maintain, and renovate the Riverhead facility: “The Riverhead Correctional Facility must continue to be maintained and renovated. A proactive plan of scheduled repairs and preventative maintenance must be formulated and executed to maintain the integrity of this facility. The building cannot continue to be neglected as it has been in the past.”
168. For years, men have been transferred daily in and out of the SCCF due to the persistent overcrowding of the facilities. On May 23, 2007, the then-Deputy Warden Joseph Rubacka testified before the Public Safety Committee of the Suffolk County Legislature about the costs of housing the men “out of county,” which could reach up to $240 per day per prisoner. According to Rubacka, the men detained in the SCCF were treated like royalty in other facilities. By contrast, Rubacka stated, at that time, it only cost Suffolk County $5 per day to house a prisoner “because we give him a pair of sneakers and three meals and he’s good to go.”
169. In 2008, the SCCJCC published the results of its study of the overcrowding at the SCCF, described above, see supra ¶¶ 31, 35, concluding that the facilities were dangerously overcrowded.
170. By 2011, the conditions at the facilities continued to deteriorate and the need for repairs and renovation remained “desperate,” according to the Budget Review Office.
171. Year after year, Suffolk County officials learned about the deteriorating and uninhabitable conditions at the SCCF. Yet, little was done except to add an ever-increasing
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number of men to the populations residing in the unsanitary and dangerous conditions at the SCCF.
172. The foregoing policies, acts, inaction, omissions, and systematic failures are the official policies, practices, and customs of Defendant Suffolk County. The foreseeable result of these policies, practices, and customs was the further deterioration of the already inhumane conditions at the SCCF.
173. Defendant Suffolk County was deliberately indifferent to the unconstitutional conditions at the SCCF and established a policy, practice, and/or custom of approving and tolerating the unconstitutional conditions by refusing to remediate them.
174. Despite knowledge of such unlawful policies, practices, and/or customs, Defendant Suffolk County’s policy-making officials and officials with oversight responsibilities over the SCCF have not taken steps to terminate these policies, practices, and/or customs, and instead have supported, ratified, or implemented these policies, practices, and/or customs through their active encouragement or deliberate indifference to the effect of such policies, practices, and/or customs upon the constitutional rights of persons in their care or custody.
175. As a direct and proximate result of Suffolk County’s persistent and widespread practice and official policy of failing to provide for even the most necessary and urgent repairs of the facilities, or to even minimally address decades of overcrowding, the men detained in the SCCF have been forced to live in inhumane conditions that deprive them of their constitutional rights.
B. Defendants DeMarco, Caracappa, and Meyerricks 176. Defendant DeMarco, as the Sheriff of Suffolk County, is responsible for the care of persons detained in the SCCF. To fulfill this duty, the Sheriff’s Office is empowered to request County funds from the Suffolk County Legislature and to report to the Public Safety
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Committee of the Suffolk County Legislature about the need for capital funding to repair, maintain, and renovate the Yaphank and Riverhead facilities.
177. Defendants Caracappa and Meyerricks, as Undersheriffs of Suffolk County, are charged with oversight of corrections for the Suffolk County Sheriff’s Office and are responsible for protecting and preserving the health and welfare of persons detained in the SCCF and designing and implementing policies, procedures, and practices to ensure that the facilities are maintained in a sanitary condition.
178. Defendants DeMarco, Caracappa, and Meyerricks are charged with enforcement of all New York State and Suffolk County laws and regulations designed to preserve the health and welfare of persons detained in the SCCF.
179. Defendants DeMarco, Caracappa, and Meyerricks knew or should have known of the visibly deplorable and unconstitutional conditions at the SCCF.
180. Defendants DeMarco, Caracappa, and Meyerricks knew or should have known of the complaints raised by the men detained in the SCCF about those conditions and their injuries arising from those conditions.
181. Finally, Defendants DeMarco, Caracappa, and Meyerricks knew or should have known of the fact that the conditions of the SCCF had been deteriorating over the better part of the last decade and would only become worse without appropriate remedial efforts. Seven years ago, an official from the Sheriff’s office testified before the Suffolk County Legislature about the “deterioration” of the facilities, and how, if that deterioration was not addressed, the facilities would only become “worse as time goes by” and become “uninhabitable.” See supra ¶ 166. Furthermore, the Suffolk County Budget Review Office submitted multiple public reports to the County Legislature describing the continuously deteriorating conditions at the SCCF, the
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NYSCOC rescinded its variances to the SCCF because the conditions at the SCCF had not been remediated, and the SCCJCC publicly reported in 2008 that the facilities were dangerously overcrowded. See supra ¶¶ 156-170. This was all within, or should have been within, Defendants DeMarco, Caracappa, and Meyerricks’s respective knowledge.
182. Defendant Caracappa also knew or should have known of the conditions at the SCCF as a former Suffolk County Legislator and former member of the Public Safety Committee of the Suffolk County Legislature. The Public Safety Committee reviews capital budget reports in detail before those reports and capital requests go to the full legislature.
183. Despite their knowledge of the unconstitutional conditions at the SCCF, Defendants DeMarco, Caracappa, and Meyerricks have engaged in a pattern and practice of deliberate indifference to those conditions and the harms the men have suffered as a result of those conditions.
184. Defendants DeMarco, Caracappa, and Meyerricks breached their duty of care owed to persons detained in the SCCF by permitting the deplorable conditions at the SCCF to persist. This breach was the direct and proximate cause of the harms suffered by the men detained in the SCCF.
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CAUSES OF ACTION FIRST CAUSE OF ACTION (Deliberate indifference to past, current, and ongoing unconstitutional conditions at the Suffolk County Correctional Facilities) (Fourteenth Amendment to the United States Constitution) 185. Plaintiffs restate and reallege Paragraphs 1 through 184 as though fully set forth herein. 186. Defendants have subjected and continue to subject the named Plaintiffs and all class members who were detained in the SCCF as pretrial detainees to cruel and inhumane prison conditions that damaged them and which pose an unreasonable and unjustifiable risk of harm to their health, and have manifested and continue to manifest a pattern of deliberate indifference to this damage and risk of harm. The challenged conditions violate the Due Process Clause of the Fourteenth Amendment to the United States Constitution.
SECOND CAUSE OF ACTION (Deliberate indifference to past, current, and ongoing unconstitutional conditions at the
Suffolk County Correctional Facilities) (Eighth Amendment to the United States Constitution) 187. Plaintiffs restate and reallege Paragraphs 1 through 184 as though fully set forth herein. 188. Defendants have subjected and continue to subject the named Plaintiffs and all class members who were detained in the SCCF as sentenced prisoners to cruel and inhumane prison conditions that damaged them and which pose an unreasonable and unjustifiable risk of harm to their health, and have manifested and continue to manifest a pattern of deliberate
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indifference to this damage and risk of harm. The challenged conditions violate the Eighth Amendment to the United States Constitution.
THIRD CAUSE OF ACTION (Deliberate indifference to past, current, and ongoing unconstitutional conditions at the
Suffolk County Correctional Facilities) (Due Process Clause of the New York State Constitution) 189. Plaintiffs restate and reallege Paragraphs 1 through 184 as though fully set forth herein. 190. Defendants have subjected and continue to subject the named Plaintiffs and all class members who were detained in the SCCF as pretrial detainees to cruel and inhumane prison conditions that damaged them and which pose an unreasonable and unjustifiable risk of harm to their health, and have manifested and continue to manifest a pattern of deliberate indifference to this damage and risk of harm. The challenged conditions violate the Due Process Clause of the New York State Constitution.
FOURTH CAUSE OF ACTION (Negligence and Ministerial Negligence) 191. Plaintiffs restate and reallege Paragraphs 1 through 184 as though fully set forth herein. 192. Defendants DeMarco, Caracappa, and Meyerricks, at all relevant times, oversaw the enforcement of the laws and regulations of New York State and Suffolk County to protect the health, welfare, and safety of persons detained in the SCCF on a daily basis. The individual Defendants failed to intervene to ensure properly functioning correctional facilities or to ensure
37

Case 2:11-cv-02602-JS-GRB Document 334 Filed 04/05/12 Page 41 of 42 PageID #: 1393
that the facilities met the most minimal of standards for humane conditions as required by the laws and regulations of New York State and Suffolk County.
193. The aforementioned acts and omissions of Defendants DeMarco, Caracappa, and Meyerricks amounted to negligence and ministerial negligence, which directly and proximately caused the harms suffered by the named Plaintiffs and all class members who were exposed to the conditions described in this Complaint.
PRAYER FOR RELIEF WHEREFORE, Plaintiffs request this Court to:
a. Declare that subjecting the Plaintiffs to the conditions described herein violates the Eighth and Fourteenth Amendments to the United States Constitution and the Due Process Clause of the New York State Constitution and constitutes negligence and ministerial negligence under New York State law;
b. Enjoin Defendants, and their successors, from subjecting the men in the SCCF to unsanitary, unhealthy, and unsafe conditions, and require that a remedy be formulated, subject to the Court’s approval and modification, if necessary, to end the inhumane conditions at the SCCF;
c. Award Plaintiffs who have been exposed to the conditions described herein at the SCCF reasonable actual and compensatory damages against Defendants, jointly and severally, to compensate Plaintiffs for the deprivation of their constitutional rights and all consequences thereof;
d. Award Plaintiffs who have been exposed to the conditions at the SCCF described herein reasonable punitive damages against each of the individual Defendants;
38

Case 2:11-cv-02602-JS-GRB Document 334 Filed 04/05/12 Page 42 of 42 PageID #: 1394

e. Award Plaintiffs who have been exposed to the conditions at the SCCF described herein damages for the denials of their right to be free from cruel and unusual punishment and right to due process;
f. Retain jurisdiction in this case until the unlawful conditions, practices, policies, acts, and omissions complained of herein no longer exist and this Court is satisfied that they will not recur;
g. Award Plaintiffs attorneys’ fees and costs; and h. Grant such other such relief that this Court deems just and proper.

Dated: April 5, 2012 New York, New York

Respectfully submitted,
SHEARMAN & STERLING LLP
/s/ Daniel H. R. Laguardia Daniel H.R. Laguardia Melissa Godwin Edward Timlin Jeena Shah 599 Lexington Avenue New York, New York 10022 Tel: 212-848-4000 Email: daniel.laguardia@shearman.com
Counsel for Plaintiffs

NEW YORK CIVIL LIBERTIES UNION Corey Stoughton Taylor Pendergrass 125 Broad Street New York, New York 10004 Tel: 212-607-3300 Email: cstoughton@nyclu.org
Of Counsel

39

 
 Case 2:11-cv-02602-JS-GRB Document 244 Filed 10/07/11 Page 1 of 14 PageID #: 970

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF NEW YORK ---------------------------------------X RICKEY LYNCH, JERRY FINCH, JR., DAMIEN R. SMALL, LEROY C. JONES, CHARLES WHIDBEE, THEODORE DAVIS, MACK BUTLER, EDDIE M. SIMS, DALLAS JOHNSON, CHRISTOPHER SYDNOR, DONDI W. JACKSON, FELIPE ROVELO, ROBERT BERNHARD, ADAM WILLIAMS, JOSEPH POTTER, JR., DONALD BANGS, EDWARD KEYES, JASON COOPER, KEVIN M. MASSEY, DARRYL ISAAC, CALVIN FELDER, ANDREW ZEIGLER, CHESTER INGRAM, DONNELL STENGLE, KEVIN KING, HOWARD DAVIS, and THOMAS HARPER,

MEMORANDUM & ORDER 11-CV-2602(JS)(ARL)

Plaintiffs,

-against-

VINCENT F. DEMARCO, individually and in his official capacity as Sheriff of Suffolk County, JOHN DOE and JANE DOE, individually and in their official capacity as Superintendent of Suffolk County,

Defendants.

--------------------------------------X

APPEARANCES:

For Plaintiffs:

Rickey Lynch, 092440, pro se

Leroy C. Jones, 561389, pro se

Charles Whidbee, 427429, pro se

Mack Butler, 217709, pro se

Dallas Johnson, 226119, pro se

Christopher Sydnor, 386633, pro se

Dondi W. Jackson, 614336, pro se

Adam Williams, 420457, pro se

Joseph Potter, Jr., 593845, pro se

Jason Cooper, 410349, pro se

Calvin Felder, 583549, pro se

Andrew Zeigler, 145163, pro se

Kevin King, 436156, pro se

Howard Davis, 459277, pro se

Thomas Harper, 398810, pro se

Case 2:11-cv-02602-JS-GRB Document 244 Filed 10/07/11 Page 2 of 14 PageID #: 971
Suffolk County Correctional Facility 100 Center Drive Riverhead, NY 11901
Jerry Finch, Jr., 11A3785, pro se Downstate Correctional Facility Red Schoolhouse Road, Box F Fishkill, NY 12524
Damien R. Small, 11-A-2159, pro se Sing Sing Correctional Facility 354 Hunter Street Ossining, NY 10562
Theodore Davis, pro se 22 Bogart St Huntington Station, NY 11746
Eddie M. Sims, pro se 4 Ronek Drive Amityville, NY 11701
Felipe Rovelo, 11R1687, pro se Groveland Correctional Facility P.O. Box 50 Sonyea, NY 14556
Robert Bernhard, pro se 104 Highview Dr Selden, NY 11784
Donald Bangs, 11R2402, pro se Cape Vincent Correctional Facility Route 12E P.O. Box. 739 Cape Vincent, NY 13618
Edward Keyes, 11R2324, pro se Chester Ingram, 11R2266, pro se Mohawk Correctional Facility 6100 School Road P.O. Box 8451 Rome, NY 13442
Kevin M. Massey, 403942, pro se
2

Case 2:11-cv-02602-JS-GRB Document 244 Filed 10/07/11 Page 3 of 14 PageID #: 972

Columbia Correctional Institution Annex 253 S.E. Corrections Way Lake City, FL 32025

Darryl Isaac, pro se P.O. Box 386 Central Islip, NY 11722

Donnell Stengle, 10R0502, pro se Willard Drug Treatment Campus 7116 County Road 132 P.O. Box 303 Willard, NY 14588

For Defendants:

Arlene S. Zwilling, Esq. Suffolk County Attorney’s Office H. Lee Dennison Building, Fifth Floor 100 Veterans Memorial Highway P.O. Box 6100 Hauppauge, NY 11788-0099

SEYBERT, District Judge:

This Memorandum and Order addresses the following four

issues: (1) Plaintiffs’ motion for joinder (Docket Entry 67),

dated June 30, 2011; (2) Plaintiffs’ “Supplemental Amended

Complaint,” (Docket Entry 155), dated July 27, 2011; (3) the

Court’s Order (Docket Entry 152), dated July 29, 2011, ordering

all Plaintiffs to sign the Amended Complaint; and (4) four

motions for reconsideration (Docket Entries 191-94), filed on

August 9, 2011. The Court will briefly discuss this case’s

convoluted procedural history before turning to the merits of

the pending requests.

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Case 2:11-cv-02602-JS-GRB Document 244 Filed 10/07/11 Page 4 of 14 PageID #: 973

BACKGROUND

On May 27, 2011, Rickey Lynch, an inmate at the

Suffolk County Correctional Facility (“SCCF”), commenced this

action under 42 U.S.C. § 1983 on behalf of himself, nineteen other Plaintiffs incarcerated at the SCCF, 1 and all others

similarly situated. (Docket Entry 1.) On June 17, 2011, Rickey

Lynch filed an Amended Complaint, naming seven additional

Plaintiffs incarcerated at the SCCF

2 and seeking class

certification. (Docket Entry 49.) Only Rickey Lynch signed the

Amended Complaint. On June 23, 2011, the Court denied the

request for class certification and granted in forma pauperis

status to all Plaintiffs named in the Amended Complaint.

(Docket Entry 62.) The Court hereafter refers to all

individuals named as Plaintiffs in the Amended Complaint as the

“Current Plaintiffs.”

1 Those individuals are Kevin Massey, Jerry Finch, Dallas Johnson, Mack Butler, Eddie Sims, Adam Williams, Donald Bangs, Robert Bernhard, Felipe Rovelo, Damien Small, Theodore Davis, Christopher Sydnor, Dondi Jackson, Edward Keyes, Joseph Potter, Jr., Daryl Isaac, Charles Whidbee, Leroy Jones and Jason Cooper.
2 Those individuals are Calvin Felder, Andrew Zeigler, Chester Ingram, Donnell Stengle, Kevin King, Howard Davis and Thomas Harper.
4

Case 2:11-cv-02602-JS-GRB Document 244 Filed 10/07/11 Page 5 of 14 PageID #: 974
On June 30, 2011, Rickey Lynch filed a motion to join four additional Plaintiffs (“Joinder Plaintiffs”). 3 (Docket Entry 67.) Each of the Joinder Plaintiffs signed the motion, but none signed a copy of the Amended Complaint.
On July 26, 2011, Defendants moved to dismiss the claims of all Current Plaintiffs who (1) failed to keep their addresses current and (2) failed to sign the Amended Complaint. (Docket Entry 145.) On July 29, 2011, the Court denied Defendants’ motion to dismiss, but ordered the Current Plaintiffs to file a signed copy of the Amended Complaint by August 30, 2011. (Docket Entry 152.) On August 30, 2011, the deadline for filing a signed copy of the Amended Complaint was extended to September 30, 2011. (Docket Entry 217.) I. Motion for Joinder
Pursuant to Rule 15(a)(2) of the Federal Rules of Civil Procedure, “[a] court should freely give leave [to amend] when justice so requires.” “A district court has discretion to deny leave for good reason, including futility, bad faith, undue delay, or undue prejudice to the opposing party.” McCarthy v. Dun & Bradstreet Corp., 482 F.3d 184, 200 (2d Cir. 2007).
3 Those individuals are Daryl Miller, Dewayne Butler, Keith King and Ray Kelly.
5

Case 2:11-cv-02602-JS-GRB Document 244 Filed 10/07/11 Page 6 of 14 PageID #: 975
The Court notes that Defendants do not oppose the motion. Thus, seeing no good reason to deny leave in this case, the Court GRANTS Plaintiffs’ motion for joinder. The Joinder Plaintiffs are hereby ORDERED to file a signed copy of the Amended Complaint, filed by Rickey Lynch on June 17, 2011 (Docket No. 49), by November 18, 2011.
The Court will not provide copies of the Amended Complaint to the Joinder Plaintiffs to sign, as the Court cannot act as an intermediary between the parties. They must either coordinate with the Current Plaintiffs to obtain a copy of the Amended Complaint or request a copy by sending a letter to the Central Islip Pro Se Office, United States District Court, Eastern District of New York, PO Box 9014, Central Islip, New York 11722. The letter must include the case number (11-CV2602), a request for the Amended Complaint at Docket Entry 49, and a check for $4.50.4
Upon receipt of an Amended Complaint with each of the Joinder Plaintiffs’ signatures, the Court will direct the Clerk of the Court to add Daryl Miller, Dewayne Butler, Keith King and Ray Kelly as Plaintiffs in this matter. If any of the Joinder Plaintiffs fails to file a signed copy of the Amended Complaint
4 Copies of documents are billed at $0.50 per page, and the Amended Complaint is nine pages.
6

Case 2:11-cv-02602-JS-GRB Document 244 Filed 10/07/11 Page 7 of 14 PageID #: 976
by November 18, 2011, they will not be added as a Plaintiff in this matter. II. “Supplemental Amended Complaint”
On July 27, 2011, Rickey Lynch filed a “Supplemental Amended Complaint” (Docket Entry 155) seeking to add seven additional Plaintiffs (“Supplemental Plaintiffs”). 5 However, on that same date, each of the Supplemental Plaintiffs filed individual complaints asserting the same causes of action and seeking identical relief as the Supplemental Amended Complaint.6
Although leave to amend should be freely granted, a Court has discretion to deny leave if an amendment would be futile. See McCarthy, 482 F.3d at 200. Here, the Court finds that amendment would be futile because “[a]s a general rule, where there are two competing lawsuits, the first suit should have priority” and the second suit should be dismissed. Emp’rs Ins. of Wausau v. Fox Entm’t Grp., Inc. , 522 F.3d 271, 274-75 (2d Cir. 2008). “This rule embodies considerations of judicial
5 Those individuals are Hasheen Mclaurin, Andrew Williams, Wesley Jones, Shati Roy, Quintelle Hardy, Mark Phipps and Dashaun Sims. 6 See Mclaurin v. DeMarco, No. 11-CV-3711 (E.D.N.Y. July 27, 2011); Williams v. DeMarco, No. 11-CV-3712 (E.D.N.Y. July 27, 2011); Jones v. DeMarco, No. 11-CV-3713 (E.D.N.Y. July 27, 2011); Roy v. DeMarco, No. 11-CV-3714 (E.D.N.Y. July 27, 2011); Hardy v. DeMarco, No. 11-CV-3716 (E.D.N.Y. July 27, 2011); Phipps v. DeMarco, No. 11-CV-3717 (E.D.N.Y. July 27, 2011); Sims v. DeMarco, No. 11-CV-3718 (E.D.N.Y. July 27, 2011).
7

Case 2:11-cv-02602-JS-GRB Document 244 Filed 10/07/11 Page 8 of 14 PageID #: 977
administration and conservation of resources by avoiding duplicative litigation and honoring the plaintiff’s choice of forum.” Id. at 275.
Therefore, the Court will not permit the Supplemental Plaintiffs to proceed as Plaintiffs in two identical suits, and the request to join the Supplemental Plaintiffs in the Supplemental Amended Complaint is DENIED. These individuals may litigate their claims in their respective suits. As such, the Amended Complaint filed on June 17, 2011 (Docket Entry 49) remains the operative complaint. III. Compliance with the July 29, 2011 Order
Pursuant to the Court’s Orders of July 29 and August 30, 2011, the Current Plaintiffs were required to file a signed copy of the Amended Complaint by September 30, 2011. (Docket Entries 152, 217.) To date, the Court has received signed copies of the Amended Complaint from the following Plaintiffs:
 Rickey Lynch (Docket Entry 190)  Leroy C. Jones (Docket Entry 190)  Mack Butler (Docket Entry 190)  Adam Williams (Docket Entry 190)  Jason Cooper (Docket Entry 190)  Calvin Felder (Docket Entry 190)  Andrew Zeigler (Docket Entries 190, 241-1)  Kevin King (Docket Entries 190, 241-1)  Howard Davis (Docket Entries 190, 241-1)  Thomas Harper (Docket Entry 190)  Jerry Finch, Jr. (Docket Entry 190)
8

Case 2:11-cv-02602-JS-GRB Document 244 Filed 10/07/11 Page 9 of 14 PageID #: 978
 Damien R. Small (Docket Entry 218)  Eddie M. Sims (Docket Entry 190)  Edward Keyes (Docket Entry 221)  Chester Ingram (Docket Entry 221)  Donnell Stengle (Docket Entry 214) Dallas Johnson filed a letter on August 29, 2011 (Docket Entry 219) stating that he was unable to sign the Amended Complaint but that the “foregoing is my signature that should appear on that Complaint.” This is insufficient. Each Plaintiff is required to sign the Amended Complaint to confirm that he has read it, is familiar with its contents, and wishes to proceed with the lawsuit as outlined therein. There is no indication that Mr. Johnson has even seen the Amended Complaint, let alone is familiar with its contents. If Mr. Johnson wishes to proceed as a Plaintiff in this action, he, like the Joinder Plaintiffs, must either coordinate with the Current Plaintiffs to obtain a copy of the Amended Complaint or request a copy by sending a letter to the Central Islip Pro Se Office as explained above. If the Court does not receive a signed copy of the Amended Complaint from Mr. Johnson by November 18, 2011, he will be dismissed as a Plaintiff in this action. The Court will also grant an extension to file a signed copy of the Amended Complaint to Theodore Davis, Felipe Rovelo, Robert Bernhard, Donald Bangs, and Darryl Isaac. These
9

Case 2:11-cv-02602-JS-GRB Document 244 Filed 10/07/11 Page 10 of 14 PageID #: 979
individuals never received a copy of the Court’s July 29, 2011 Order: the copies that were mailed to their addresses of record at the SCCF were returned to the Court as undeliverable because they had all been discharged. (Docket Entries 179, 180, 181, 182, 206.7) But since being discharged, they have all been diligently keeping the Court informed of the ir current addresses. (Docket Entries 163, 195, 196, 203, 206.) Therefore, these individuals also have until November 18, 2011 to file a signed copy of the Amended Complaint or they will be dismissed as Plaintiffs in this action.
The Court also grants Kevin Massey this extension. The docket indicates that the Pro Se Office received papers from Mr. Massey on September 22, 2011, but returned them because they had not been served on opposing counsel. (Docket Entry 239.) The Court assumes that this September 22 mailing contained a signed copy of the Amended Complaint, and thus Mr. Massey also has until November 18, 2011 to re-file his signed copy of the Amended Complaint, or he, too, will be dismissed as a Plaintiff in this action. All Plaintiffs are warned that the Clerk’s
7 Theodore Davis’s copy was not returned because he notified the Court of his post-release address and it was mailed there instead of to the SCCF. (Docket Entry 136.) However, he later updated his address again to his grandmother’s house (Docket Entry 206) because he was not receiving mail at the previouslyprovided address.
10

Case 2:11-cv-02602-JS-GRB Document 244 Filed 10/07/11 Page 11 of 14 PageID #: 980
Office will return without filing any papers that do not indicate that they have been served on opposing counsel.
The Court’s July 29, 2011 Order also warned all Plaintiffs that failure to keep the Court apprised of their current addresses will result in their dismissal as Plaintiffs. (Docket Entry 152.) In particular, the Court ordered Charles Whidbee, Christopher Sydnor, Joseph Potter, Jr., Theodore Davis, Darryl Isaac and Felipe Rovelo to provide the Court with an updated address, as all mailings were returned to the Court as undeliverable. While Messrs. Davis, Isaac and Rovelo updated the Court and complied with its Order, Messrs. Whidbee, Sydnor, and Potter have not. Thus, they are hereby DISMISSED as Plaintiffs in this matter under Federal Rule of Civil Procedure 41(b) for failure to prosecute. Dondi Jackson has also failed to update the Court of his current address or file a signed copy of the Amended Complaint, so he is also DISMISSED as a Plaintiff in this matter.
In sum, the following individuals are GRANTED an extension to November 18, 2011 to file a signed copy of the Amended Complaint:
 Dallas Johnson  Theodore Davis  Felipe Rovelo  Robert Bernhard
11

Case 2:11-cv-02602-JS-GRB Document 244 Filed 10/07/11 Page 12 of 14 PageID #: 981
 Donald Bangs  Kevin Massey And the following individuals’ claims are DISMISSED:  Charles Whidbee  Christopher Sydnor  Joseph Potter, Jr.  Dondi Jackson The remaining Current Plaintiffs have fully complied with the Court’s Order and are not required to take any additional action at this time. IV. Motions for Reconsideration Also pending before the Court are four motions for reconsideration filed by Rickey Lynch (Docket Entry 191), Calvin Felder (Docket Entry 192), Leroy C. Jones (Docket Entry 193), and Jason Cooper (Docket Entry 194). Although these motions are titled “motions for reconsideration,” they are not seeking relief from any judgment nor are they asking the Court to review or reconsider any of its prior orders. Rather, the motions ask the Court to “consider updated new information” with respect to the moving Plaintiff’s injuries and summarize potential witnesses’ trial testimony and the content of trial exhibits. The Court has previously explained that it does not engage in discovery and that neither party is entitled to submit evidence to the Court at this stage of the
12

Case 2:11-cv-02602-JS-GRB Document 244 Filed 10/07/11 Page 13 of 14 PageID #: 982
litigation. (Docket Entry 153.) As such these motions are DENIED.
CONCLUSION For the foregoing reasons, the Court: 1. GRANTS Plaintiffs’ motion for joinder, and ORDERS Daryl Miller, Dewayne Butler, Keith King and Ray Kelly to file a signed copy of the Amended Complaint by November 18, 2011; 2. DENIES Plaintiff’s request to join seven additional Plaintiffs in a “Supplemental Amended Complaint;” 3. GRANTS Dallas Johnson, Theodore Davis, Felipe Rovelo, Robert Bernhard, Donald Bangs and Kevin Massey an extension to November 18, 2011 to file a signed copy of the Amended Complaint; 4. DISMISSES Charles Whidbee, Christopher Sydnor, Joseph Potter, Jr., and Dondi Jackson as Plaintiffs; and 5. DENIES the pending motions for reconsideration. The time for Defendants to Answer or otherwise respond to the Amended Complaint is hereby extended to November 28, 2011.
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Case 2:11-cv-02602-JS-GRB Document 244 Filed 10/07/11 Page 14 of 14 PageID #: 983

The Clerk of the Court is directed to mail a copy of this Memorandum and Order to each of the pro se Plaintiffs.

SO

/s/ Joanna

DATED: October 7 , 2011

Central

Islip, NY

ORDERED.
JOANNA SEYBERT______ Seybert, U.S.D.J.

14

 
 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF NEW YORK ---------------------------------------X MACK BUTLER, DASHAUN SIMS, CLYDE LOFTON, PAUL ALVER, KEVIN KING, and RICKEY LYNCH, on behalf of themselves and all others similarly situated,

-against-

Plaintiffs,

MEMORANDUM & ORDER 11-CV-2602(JS)(GRB)

SUFFOLK COUNTY, VINCENT F. DeMARCO, in his individual and official capacity, JOSEPH T. CARACAPPA, in his individual and official capacity, and JOHN P. MEYERRICKS, in his individual and official capacity,

Defendants.

---------------------------------------X

APPEARANCES

For Plaintiffs:

Daniel Hector Rees LaGuardia, Esq.

Alexis Scott Berkowitz, Esq.

Edward Garth Timlin, Esq.

Melissa Jane Godwin, Esq.

Sheila Jane, Esq.

Shearman & Sterling LLP

599 Lexington Avenue

New York, NY 10022

Corey Stoughton, Esq. Taylor Scott Pendergrass, Esq. New York Civil Liberties Union 125 Broad Street New York, NY 10004

For Defendants:

Brian C. Mitchell, Esq. Arlene S. Zwilling, Esq. Suffolk County Attorney’s Office H. Lee Dennison Building, Fifth Floor 100 Veterans Memorial Highway P.O. Box 6100 Hauppauge, NY 11788

SEYBERT, District Judge: Pending before the Court are Defendants Suffolk
County, Vincent F. DeMarco, Joseph T. Caracappa, and John P. Meyerricks’ (collectively, “Defendants”) motion to dismiss the Consolidated Amended Class Action Complaint (the “Consolidated Amended Complaint” or “CAC”) (Docket Entry 344) and Plaintiffs Mack Butler, Dashaun Sims, Clyde Lofton, Paul Alver, Kevin King, and Rickey Lynch’s (the “Named Plaintiffs”) motion for class certification (Docket Entry 347). For the following reasons, Defendants’ motion is GRANTED IN PART and DENIED IN PART, and the Named Plaintiffs’ motion is GRANTED.
BACKGROUND I. Procedural History
This action was commenced on May 27, 2011 by Plaintiff Rickey Lynch and nineteen others who were then-confined in the Suffolk County Correctional Facility (“SCCF”). The action was brought pro se on behalf of those individuals and all others similarly situated against Suffolk County, Vincent DeMarco as Sheriff of Suffolk County, and various John Doe Defendants seeking damages arising out of the allegedly unconstitutional conditions in the jail. (Docket Entry 1.) The plaintiffs all sought leave to proceed in forma pauperis. (Docket Entries 221.) The plaintiffs filed an Amended Complaint on June 17, 2011, adding an additional eight plaintiffs detained in the
2

SCCF. (Docket Entry 49.) Their applications for in forma pauperis status were granted shortly thereafter, but their request to proceed as a class action was denied due to the fact that all of the class representatives were proceeding pro se. (Docket Entry 62.)
On June 30, 2011, the plaintiffs filed a motion to join an additional four plaintiffs (Docket Entry 67), which the Court granted on October 7, 2011 (Docket Entry 244). Thus, there were a total of thirty-one plaintiffs asserting claims for damages arising out of the conditions at the SCCF. On November 22, 2011, the Court determined that the appointment of pro bono counsel was appropriate and directed the Court’s Pro Se Office to find counsel willing to represent the plaintiffs pro bono. (Docket Entry 286.) On January 23, 2012, attorneys from Shearman & Sterling LLP were appointed pro bono counsel. (Docket Entry 327.)
In the interim, the Court began receiving an influx of substantially similar complaints from inmates at the SCCF, all seeking damages arising out of the unsanitary conditions in the facility. By January 23, 2012, the Court had received fiftynine separate complaints asserting (i) the existence of unhealthy, unsanitary, and hazardous conditions at the SCCF, including the presence of black mold, fungus, soap scum, and rust in the shower areas of the SCCF, drainage problems causing
3

back-ups of sewage and rusty water, and ventilation problems;

(ii) injuries resulting from these conditions including

headaches, breathing problems, skin rashes, itching, swelling,

and infections; and (iii) that their grievances and/or

complaints about these conditions were ignored. (See Docket

Entry 327.) Given the similar conditions alleged in each of the

complaints, the Court determined that consolidation of all

fifty-nine actions would be in the interests of judicial economy

and efficiency and thus consolidated them into the present

action. Also, to save judicial time and resources, the Court

directed the Clerk of the Court to consolidate any future

complaints received complaining of the conditions at the SCCF into the present action.1 As of the date of this Memorandum and

Order, 111 separate complaints naming 163 plaintiffs have been

consolidated into this action.

Shearman & Sterling’s

appointment was extended to all of the plaintiffs in the now-

consolidated action. (Docket Entry 327.)

Shearman & Sterling filed the Consolidated Amended

Complaint on April 5, 2012, dropping all plaintiffs but the

Named Plaintiffs--Butler, Sims, Lofton, Alver, King, and Lynch--

but seeking to represent the interests of all 163 plaintiffs by

1 Any plaintiff that did not wish to proceed as part of the consolidated action was directed to inform the Court in writing. To date, the Court has not received any requests to proceed independently from this consolidated action.
4

proceeding as a class action. (Docket Entry 334.) The

Consolidated Amended Complaint asserts four claims: (1) a claim

on behalf of the pretrial detainees in the SCCF for violation of

the Constitution’s prohibition of cruel and inhuman treatment

under the Fourteenth Amendment; (2) a claim on behalf of all

sentenced prisoners in the SCCF for violation of the

Constitution’s prohibition of cruel and inhuman treatment under

the Eighth Amendment; and (3) a claim on behalf of the pretrial

detainees in the SCCF for violation of the New York

Constitution’s due process clause; and (4) a claim on behalf of

all plaintiffs for negligence and ministerial negligence arising

under New York common law.

II. Allegations in the Consolidated Amended Class Action Complaint

A. The Suffolk County Correctional Facility

The SCCF is comprised of two facilities:

the

Riverhead Correctional Facility (“Riverhead”), a medium/maximum

security jail, and the Yaphank Correctional Facility

(“Yaphank”), a minimum security jail. (CAC ¶ 29.) Both

Riverhead and Yaphank house pretrial detainees as well as

sentenced prisoners. (CAC ¶ 29.) The sentenced prisoners are

either serving a local jail sentence of one year or less or are

awaiting transfer to a New York State prison. (CAC ¶ 29.) The

stated capacity for the SCCF is 1,327 persons, yet Riverhead and

5

Yaphank house a daily combined average of 1,732 persons. (CAC ¶ 33.)
The Consolidated Amended Complaint asserts that the men detained in the SCCF are “forced to live in squalid, unhygienic, and hazardous living conditions that pose a substantial and ongoing risk to the men’s physical and mental health.” (CAC ¶ 38.) The Court will summarize the allegations with respect to Riverhead and Yaphank separately.
1. Riverhead The Consolidated Amended Complaint asserts that the individuals housed at Riverhead are exposed to human waste on a regular and ongoing basis. (CAC ¶ 40.) This is due to what the Consolidated Amended Complaint describes as “ping-pong toilets.” (CAC ¶¶ 41-42.) When one inmate flushes his toilet, his waste is not disposed of, but instead rises up in a nearby toilet in an adjacent cell. (CAC ¶ 41.) On occasion, this has occurred while someone is using the nearby toilet resulting in “other men’s fecal matter and waste ris[ing] up through the pipes and spout[ing] onto [an inmate’s] buttocks when using [his] own toilet.” (CAC ¶ 42.) This also means that at night, while the men are sleeping, the toilets--which are located in each cell a mere two-to-three feet from the beds--accumulate fecal matter and other waste. (CAC ¶¶ 44-45.) This causes the men to “regularly vomit, cough, and suffer from nausea and severe
6

headaches due to the fumes.” (CAC ¶ 45.) Further, the toilet seats have accrued “filth” over time as a result of the constant “ping-ponging” of waste, which has caused the men to suffer from rashes on their buttocks. (CAC ¶ 43.)
“The showers in Riverhead are decrepit, coated with thick, black mold, and reek of mildew” and “[t]he faucets and pipes are rusted over.” (CAC ¶ 50.) The water is often brown and smells of sewage, and at times actual sewage has backed up out of the shower drains. (CAC ¶¶ 51-53.) Due to the unsanitary conditions in the shower, the men have suffered from severe fungal infections on their feet, dry and itchy feet, discolored green or black toenails, painful and itchy skin rashes that bleed and scab when scratched, and bumps on their backs, chests, arms, and buttocks. (CAC ¶ 53.) The mold and rust, however, are not limited to the showers, and they cover the walls and communal sinks where the inmates access their drinking water. (CAC ¶ 58.) The drinking water is “regularly brown or yellow in color, contains particles of unidentified sediment, tastes metallic, and smells ‘like a cesspool.’” (CAC ¶ 113.) Drinking the tap water has caused the men to suffer from stomach aches and cramps, nausea, vomiting, and diarrhea. (CAC ¶ 117.) The food is also unsafe and inadequate as it is prepared with the drinking water, and it often contains flakes of rust, paint, and rodent droppings. (CAC ¶ 126.)
7

Riverhead also suffers from a pest and rodent infestation, and the facility is not properly heated. (CAC ¶¶ 62, 64.) The cold temperature is compounded by the cold (often brown) water leaking from the ceilings. (CAC ¶ 68.) According to the Consolidated Amended Complaint, the ceilings are believed to be lined with asbestos, so the leaking water puts the men at risk of exposure to asbestos. (CAC ¶ 71.)
2. Yaphank The conditions at Yaphank are not dissimilar to those at Riverhead. Yaphank also suffers from plumbing issues, and the toilets and showers are often overflowing with sewage. (CAC ¶¶ 82-83, 87.) The overflow will sometimes flood the sleeping or communal eating areas. (CAC ¶¶ 82-83.) The showers are covered with mold and mildew, and the water is sometimes brown and smells like sewage. (CAC ¶¶ 86-87.) The drinking water is similarly brown and smells like waste, and drinking it has caused the men to suffer from stomach aches, nausea, and vomiting. (CAC ¶¶ 134-36.) Many men forego drinking the water altogether and suffer from dehydration. (CAC ¶ 139.) Rust and mold cover the bars, walls, and vents throughout the facility, and bits of rust and mold often flake off of the walls and bars and fall onto the men’s beds and into their food. (CAC ¶¶ 9394, 96, 142-43.) Yaphank also suffers from a pest and rodent infestation as well as inadequate heating, leaking ceilings, and
8

exposure to asbestos. (CAC ¶¶ 97, 99, 102-03.) Due to these conditions, the men regularly suffer from nausea, vomiting, severe headaches, migraines, dizziness, nose bleeds, skin rashes, severe fungal infections, and intestinal and respiratory problems. (CAC ¶ 150.)
B. The Named Plaintiffs The Named Plaintiffs have all been detained at the
SCCF. Butler has been detained in Riverhead since January 2011; he is awaiting trial. (CAC ¶ 9.) Sims was detained in Riverhead from May 2010 through April 20, 2012. (CAC ¶ 10; Defs. Mot. 21; Pls. Opp. 11.) Lofton has been detained in Yaphank since September 2011; he is awaiting trial. (CAC ¶ 11.) Alver was detained at Yaphank from September 2011 through May 18, 2012. (CAC ¶ 12; Defs. Mot. 21; Pls. Opp. 11.) King was detained in Riverhead from January 2011 through April 2012. (CAC ¶ 13.) And Rickey Lynch was detained in Yaphank from July 2010 through November 2010 and in Riverhead from November 2010 through October 2011. (CAC ¶ 14.) While detained at the SCCF, each of the Named Plaintiffs was exposed to the conditions described above, which caused them to suffer from intestinal issues, skin conditions, respiratory infections, fungal infections, nose bleeds, headaches, blurred vision, and dizziness. (CAC ¶¶ 9-15.)
9

C. The Defendants Defendant Suffolk County operates the SCCF through its
Sheriff’s Office. (CAC ¶ 17.) Defendant DeMarco has been the Sheriff of Suffolk County since November 8, 2005. (CAC ¶ 18.) Defendants Caracappa and Meyerricks are undersheriffs and DeMarco’s deputies. (CAC ¶ 19.) The Consolidated Amended Complaint asserts that Defendants “knew or should have known” of the inhumane conditions at SCCF due to, among other things, reports from the Suffolk County Budget Review Office, testimony before the Public Safety and Public Information Committee of the Suffolk County Legislature, a study published by the Suffolk County Criminal Justice Coordinating Council, and statements made by the New York State Commission of Corrections regarding the “seriously deficient” and possibly unconstitutional conditions at the SCCF. (CAC ¶¶ 152-184.)
DISCUSSION On May 16, 2012, Defendants moved to dismiss the Consolidated Amended Complaint, and, on May 17, 2012, the Named Plaintiffs moved for class certification. These motions are presently pending before the Court. The Court will address both motions here, starting with Defendants’ motion to dismiss. I. Motion to Dismiss The Court will discuss the applicable standards of review before addressing the merits of Defendants’ arguments.
10

A. Standards of Review Although Defendants purport to move to dismiss solely
under Rule 12(b)(6) of the Federal Rules of Civil Procedure for failure to state a claim, their motion also seeks dismissal on the grounds that this Court lacks subject matter jurisdiction, which is governed by Rule 12(b)(1).
1. Under Rule 12(b)(1) “A case is properly dismissed for lack of subject matter jurisdiction under Rule 12(b)(1) when the district court lacks the statutory or constitutional power to adjudicate it.” Makarova v. United States, 201 F.3d 110, 113 (2d Cir. 2000); see also Morrison v. Nat’l Austl. Bank Ltd., 547 F.3d 167, 170 (2d Cir. 2008), aff’d, ––– U.S. ––––, 130 S. Ct. 2869, 177 L. Ed. 2d 535 (2010). In resolving a motion to dismiss for lack of subject matter jurisdiction, the Court may consider affidavits and other materials beyond the pleadings to resolve jurisdictional questions. See Makarova, 201 F.3d at 113. The Court must accept as true the factual allegations contained in the complaint, but it will not draw argumentative inferences in favor of the plaintiff because subject matter jurisdiction must be shown affirmatively. See Morrison, 547 F.3d at 170; Atlanta Mut. Ins. Co. v. Balfour Maclaine Int’l Ltd., 968 F.2d 196, 198 (2d Cir. 1992). The plaintiff bears the burden of establishing
11

subject matter jurisdiction by a preponderance of the evidence. Morrison, 547 F.3d at 170.
2. Under Rule 12(b)(6) In deciding Rule 12(b)(6) motions to dismiss for failure to state a claim, the Court applies a “plausibility standard,” which is guided by “[t]wo working principles.” Ashcroft v. Iqbal, 556 U.S. 662, 678, 129 S. Ct. 1937, 173 L. Ed. 2d 868 (2009); accord Harris v. Mills, 572 F.3d 66, 71-72 (2d Cir. 2009). First, although the Court must accept all allegations as true, this “tenet” is “inapplicable to legal conclusions;” thus, “[t]hreadbare recitals of the elements of a cause of action, supported by mere conclusory statements, do not suffice.” Iqbal, 556 U.S. at 678 (citing Bell Atlantic Corp. v. Twombly, 550 U.S. 544, 555, 127 S. Ct. 1955, 167 L. Ed. 2d 929 (2007)); accord Harris, 572 F.3d at 72. Second, only complaints that state a “plausible claim for relief” can survive a Rule 12(b)(6) motion to dismiss. Iqbal, 556 U.S. at 679 (citing Twombly, 550 U.S. at 556). Determining whether a complaint does so is “a context-specific task that requires the reviewing court to draw on its judicial experience and common sense.” Id. (citation omitted); accord Harris, 572 F.3d at 72. Further, although Defendants have attached exhibits in support of their motion, in deciding a motion to dismiss for failure to state a claim, the Court is confined to “the allegations contained
12

within the four corners of [the] complaint.” Pani v. Empire Blue Cross Blue Shield, 152 F.3d 67, 71 (2d Cir. 1998).
B. Subject Matter Jurisdiction Defendants raise two arguments in support of their
application to dismiss for lack of subject matter jurisdiction: (1) the Named Plaintiffs lack standing and (2) some of the claims for injunctive relief are now moot. The Court will address each argument separately.
1. Standing Under Article III of the United States Constitution, federal courts are confined “to adjudicating actual ‘cases’ and ‘controversies.’” Allen v. Wright, 468 U.S. 737, 750, 104 S. Ct. 3315, 82 L. Ed. 2d 556 (1984); see also U.S. CONST., art. III, § 2. “This limitation is effectuated through the requirement of standing.” Cooper v. U.S. Postal Serv., 577 F.3d 479, 489 (2d Cir. 2009) (citing Valley Forge Christian Coll. v. Ams. United for Separation of Church & State, Inc., 454 U.S. 464, 471-72, 102 S. Ct. 752, 70 L. Ed. 2d 700 (1982)); see also United States v. Grundhoefer, 916 F.2d 788, 791 (2d Cir. 1990). There are three requirements to establish Article III standing: “(1) the plaintiff must have suffered an injury-in-fact; (2) there must be a causal connection between the injury and the conduct at issue; and (3) the injury must be likely to be redressed by a favorable decision.” Cooper, 577 F.3d at 489; see also Allen,
13

468 U.S. at 751 (“A plaintiff must allege personal injury fairly traceable to the defendant’s allegedly unlawful conduct and likely to be redressed by the requested relief.”); Lujan v. Defenders of Wildlife, 504 U.S. 555, 560, 112 S. Ct. 2130, 119 L. Ed. 2d 351 (1992). Here, Defendants argue that the Named Plaintiffs have failed to plead that they suffered an injury-infact. The Court disagrees.
“To qualify as a constitutionally sufficient injuryin-fact, the asserted injury must be ‘concrete and particularized’ as well as ‘actual or imminent, not conjectural or hypothetical.’” Baur v. Veneman, 352 F.3d 625, 632 (2d Cir. 2003) (quoting Lujan, 504 U.S. at 560); cf. Amnesty Int’l U.S.A. v. Clapper, 667 F.3d 163, 171 (2d Cir. 2011) (“The critical inquiry for standing is whether the plaintiffs are simply citizens with an abstract claim that some action was unlawful, or whether they, in some particular respect not shared by every person who dislikes the action, are injured by that action.”). Injury is “concrete and particularized” if it “affect[s] the plaintiff in a personal and individual way,” Lujan, 504 U.S. at 560 n.1; accord Baur, 352 F.3d at 632, and injury is “actual or imminent” if the plaintiff “has sustained or is immediately in danger of sustaining some direct injury,” City of Los Angeles v. Lyons, 461 U.S. 95, 102, 103 S. Ct. 1660, 75 L. Ed. 2d 675 (1983) (internal quotation marks and citation omitted).
14

Here, the Consolidated Amended Complaint asserts that
the Named Plaintiffs were all “exposed to the conditions” in the
SCCF (CAC ¶¶ 9-14) and that they suffered “intestinal illnesses,
skin conditions, respiratory infections, fungal infections, nose bleeds, headaches, blurred vision, and dizziness” (CAC ¶ 15).2
The Court finds that these injuries are sufficiently
particularized and actual to satisfy the standing requirement at
this stage of the litigation. See Lujan, 504 U.S. at 561 (“At
the pleading stage, general factual allegations of injury
resulting from the defendant’s conduct may suffice, for on a
motion to dismiss we ‘presum[e] that general allegations embrace
those specific facts that are necessary to support the claim.’”
(alteration in original) (quoting Lujan v. Nat’l Wildlife Fed.,
497 U.S. 871, 889, 110 S. Ct. 3177, 111 L. Ed. 2d 695 (1990)).
Accordingly, to the extent that Defendants seek to
dismiss for lack of standing, their motion is DENIED.
2 Defendants appear to take issue with the fact that this paragraph refers to the Named Plaintiffs as “Plaintiffs,” as opposed to the “named Plaintiffs” as they are defined earlier in the CAC. Thus, Defendants argue that paragraph 15 must be referring to the class plaintiffs and not the Named Plaintiffs specifically. The Court disagrees. Paragraph 15 follows descriptions of each of the Named Plaintiffs and is in a subsection titled “the Named Plaintiffs.” On the other hand, elsewhere in the CAC, the purported class members are referred to generally as “the men” housed in the facilities and never as “Plaintiffs.” Thus, the Court finds that it is clear that paragraph 15 is discussing the injuries sustained by the Named Plaintiffs.
15

2. Mootness “A case is moot, and accordingly the federal courts have no jurisdiction over the litigation, when ‘the parties lack a legally cognizable interest in the outcome.’” Fox v. Bd. of Trustees of State Univ. of N.Y., 42 F.3d 135, 140 (2d Cir. 1994) (quoting Cnty. of L.A. v. Davis, 440 U.S. 625, 631, 99 S. Ct. 1379, 59 L. Ed. 2d 642 (1979)); see also Cnty. of Suffolk v. Sebelius, 605 F.3d 135, 140 (2d Cir. 2010) (stating that under the doctrine of mootness, a court’s “subject matter jurisdiction ceases when ‘an event occurs during the course of the proceedings or on appeal that makes it impossible for the court to grant any effectual relief whatever to a prevailing party.’” (quoting United States v. Quattrone, 402 F.3d 304, 308 (2d Cir. 2005)). Defendants argue that Plaintiffs Alvers and Sims’ claims for injunctive and declaratory relief must be dismissed as moot because they are no longer incarcerated at SCCF.3 The Court disagrees.4
3 Plaintiffs King and Lynch are also no longer confined in the SCCF; however, they are not seeking declaratory or injunctive relief. 4 The Court notes that this entire discussion is academic. Two of the Named Plaintiffs are still incarcerated in the SCCF and, thus, unquestionably have standing to seek the declaratory and injunctive relief requested in the Consolidated Amended Complaint, and the Named Plaintiffs that are no longer at SCCF may still seek monetary relief.
16

Although “[i]n this [C]ircuit, an inmate’s transfer

from a prison facility generally moots claims for declaratory

and injunctive relief against officials of that facility,”

Salahuddin v. Goord, 467 F.3d 263, 272 (2d Cir. 2006); see also

Prins v. Coughlin, 76 F.3d 504, 506 (2d Cir. 1996), in class

actions, “an individual plaintiff may continue to represent the

interests of others even after any prospect of individual

recovery has vanished,” Comer v. Cisneros, 37 F.3d 775, 798 (2d

Cir. 1994) (internal quotation marks and citation omitted)

(collecting Supreme Court decisions); see also id. (“[C]lass

certification will preserve an otherwise moot claim.”). That a

class has not yet been certified does not necessarily deprive

this Court of jurisdiction.

See Cnty. of Riverside v.

McLaughlin, 500 U.S. 44, 52, 111 S. Ct. 1661, 114 L. Ed. 2d 49

(1991); see also Krimstock v. Kelly, 306 F.3d 40, 70 n.34 (2d

Cir. 2002). The Supreme Court has held that a class plaintiff’s

standing will “relate back” to the filing of the complaint if

the claims asserted are “so inherently transitory that the trial

court will not have enough time to rule on a motion for class

certification before the proposed representative’s interest

expires.” McLaughlin, 500 U.S. at 52; see also Swisher v.

Brady, 438 U.S. 204, 213 n.11, 98 S. Ct. 2699, 57 L. Ed. 2d 705

(1978). For example, in Gerstein v. Pugh, 420 U.S. 103, 95 S.

Ct. 854, 43 L. Ed. 2d 54 (1975), the Supreme Court found that

17

claims challenging pretrial detention conditions were not moot, even though the named plaintiffs were no longer pretrial detainees, because “[p]retrial detention is by its nature temporary, and . . . [i]t is by no means certain that any given individual, named as a plaintiff, would be in pretrial custody long enough for a district judge to certify a class.” Id. at 110 n.11; see also Amador v. Andrews, 655 F.3d 89, 100-101 (2d Cir. 2011). The Court finds that the same rationale applies here, as inmates at the SCCF are either pretrial detainees or men serving sentences of one year or less.
Accordingly, the Court finds that Alvers and Sims’ standing relates back to filing of the Consolidated Amended Complaint, at which time they were both incarcerated at the SCCF,5 and Defendants’ motion to dismiss their claims for injunctive and declaratory relief is DENIED.
C. Failure to State a Claim Defendants also move to dismiss for failure to state a
claim. The Court will address the arguments as they pertain to the Named Plaintiffs’ federal and state claims separately.
5 Although Sims was no longer at SCCF when the motion for class certification was filed, it is the date of the complaint, not the date of the certification motion, that is relevant. See, e.g., Mental Disability Law Clinic v. Hogan, No. 06-CV-6320, 2008 WL 4104460, at *10 (E.D.N.Y. Aug. 29, 2008) (“[T]here is no requirement in the Second Circuit that a representative’s claim must be live at the time that the motion to certify is filed.” (collecting cases)).
18

1. Section 1983 Claims The Named Plaintiffs assert claims under 42 U.S.C. § 1983 for violations of both the Eighth and Fourteenth Amendments of the United States Constitutions arising out of the allegedly “cruel and inhumane prison conditions” at SCCF. (CAC ¶¶ 186, 188.) The Eighth Amendment prohibits “cruel and unusual punishments,” and the Supreme Court has held that this requires the conditions of a prisoner’s confinement to be “humane,” Farmer v. Brennan, 511 U.S. 825, 832, 114 S. Ct. 1970, 128 L. Ed. 2d 811 (1994), although not necessarily “comfortable,” Rhodes v. Chapman, 452 U.S. 337, 349, 101 S. Ct. 2392, 69 L. Ed. 2d 59 (1981). See also Jabbar v. Fischer, 683 F.3d 54, 57 (2d Cir. 2012); Gaston v. Coughlin, 249 F.3d 156, 164 (2d Cir. 2001). Although the Eighth Amendment’s protection only applies to convicted prisoners, the right of pretrial detainees not to be subjected to cruel or unusual punishment is protected by the Fourteenth Amendment. See United States v. Walsh, 194 F.3d 37, 47 (2d Cir. 1999) (citing Graham v. Connor, 490 U.S. 386, 392 n.6, 109 S. Ct. 1865, 104 L. Ed. 2d 443 (1989); Bell v. Wolfish, 441 U.S. 520, 535, 99 S. Ct. 1861, 60 L. Ed. 2d 447 (1979)). The same legal standard governs conditions-of-confinement claims brought under the Eighth and Fourteenth Amendments. See Caiozzo v. Koreman, 581 F.3d 63, 71 & n.4 (2d Cir. 2009) (collecting cases).
19

Defendants argue that these claims must be dismissed because the Named Plaintiffs have failed to plead: (1) that they exhausted their administrative remedies and (2) that they suffered any physical injury. Further, to the extent that the Named Plaintiffs assert their Section 1983 claims against Defendants DeMarco, Caracappa, and Meyerricks, Defendants assert that they must be dismissed for failure to adequately plead supervisory liability. The Court will address each argument in turn.
a. Failure to Exhaust The Prison Litigation Reform Act (“PLRA”) provides, in relevant part, that: “No action shall be brought with respect to prison conditions under section 1983 of this title, or any other Federal law, by a prisoner confined in any jail, prison, or other correctional facility until such administrative remedies as are available are exhausted.” 42 U.S.C. § 1997e(a). This exhaustion requirement “applies to all inmate suits about prison life, whether they involve general circumstances or particular episodes, and whether they allege excessive force or some other wrong.” Porter v. Nussle, 534 U.S. 516, 532, 122 S. Ct. 983, 152 L. Ed. 2d 12 (2002). Defendants argue that the Consolidated Amended Complaint must be dismissed because none of the Named Plaintiffs filed any grievances regarding the
20

conditions at SCCF prior to commencing this action. The Court disagrees.
Because failure to exhaust is an affirmative defense, “inmates are not required to specially plead or demonstrate exhaustion in their complaints.” Jones v. Bock, 549 U.S. 199, 216, 127 S. Ct. 910, 166 L. Ed. 2d 798 (2007). “Dismissal under Rule 12(b)(6) for failure to exhaust is thus appropriate only where nonexhaustion is apparent from the face of the complaint.” Roland v. Smith, --- F. Supp. 2d ----, 2012 WL 601071, at *2 (S.D.N.Y. Feb. 22, 2012) (citing McCoy v. Goord, 255 F. Supp. 2d 233, 251 (S.D.N.Y. 2003)). Here, the Consolidated Amended Complaint asserts that “the men have raised the[] unsanitary and hazardous conditions [at SCCF] with corrections officials on many occasions” but that the “conditions have persisted unabated.” (CAC ¶¶ 78, 109.) Thus, it is not clear from the face of the Consolidated Amended Complaint whether the Named Plaintiffs have exhausted their administrative remedies, so dismissal is inappropriate at this stage of the litigation. See McCoy, 255 F. Supp. 2d at 249 (“[I]f, as is usually the case, it is not clear from the face of the complaint whether the plaintiff exhausted, a Rule 12(b)(6) motion is not the proper vehicle.”); see also, e.g., Benjamin v. Flores, No. 11-CV-4216, 2012 WL 5289513, at *5 (E.D.N.Y. Oct. 23, 2012) (collecting cases).
21

Further, even if the Named Plaintiffs6 did not formally
exhaust their administrative remedies, exhaustion may be excused
if: (1) administrative remedies were unavailable; (2) the
defendants forfeited the defense or acted in such a way as to
estop them from raising it; or (3) “special circumstances”
justify non-exhaustion. Hemphill v. New York, 380 F.3d 680, 686
(2d Cir. 2004); see also Messa v. Goord, 652 F.3d 305, 309 (2d
Cir. 2011). Such a determination cannot be made on an
undeveloped record. See Harris v. Westchester Cnty. Dep’t of
Corrs., No. 06-CV-2011, 2008 WL 953616, at *4 (S.D.N.Y. Apr. 3,
6 The Named Plaintiffs assert that, even though Plaintiff King was in custody when he was joined as a party, he is not subject to the exhaustion requirement because he was released from custody prior to the filing of the CAC. (Pls. Opp. 19.) Although the exhaustion requirement does not apply to a former prisoner who institutes an action after he is released from custody, see Greig v. Goord, 169 F.3d 165, 167 (2d Cir. 1999), it does apply to prisoners who, like King, are released from custody during the pendency of the action, see Berry v. Kerik, 366 F.3d 85, 88 (2d Cir. 2003). That Plaintiff King filed the CAC after being released from custody does not relieve him of the PLRA’s exhaustion requirement. See Prescott v. Annetts, No. No. 09-CV-4435, 2010 WL 3020023, at *4 (S.D.N.Y. July 22, 2010) (“There is no reason why his failure to exhaust should be excused merely because he amended his complaint after being released from custody.”); see also DeFreitas v. Montgomery Cnty. Corr. Facility, No. 08-CV-5330, 2012 WL 2920219, at *6-7 (E.D. Pa. July 18, 2012). The cases cited by the Named Plaintiffs in their brief (Pls. Opp. 13 n.7) are either distinguishable or no longer good law. See, e.g., Gibson v. Comm’r of Mental Health, No. 04-CV-4350, 2006 WL 1234971, at *6 (S.D.N.Y. May 8, 2006) (discussing the “three-strikes” rule); Prendergast v. Janecka, No. 00-CV-3099, 2001 WL 793251 (E.D. Pa. July 10, 2001), abrogated by Ahmed v. Dragovich, 297 F.3d 201, 210 (3d Cir. 2002).
22

2008); Brown v. Austin, No. 05-CV-9443, 2007 WL 2907313, at *3 (S.D.N.Y. Oct. 3, 2007).
Accordingly, to the extent that Defendants seek to dismiss the Consolidated Amended Complaint for failure to comply with the PLRA’s exhaustion requirement, their argument is premature and their motion is DENIED.
b. Failure to Plead Physical Injury The PLRA further provides that “[n]o Federal civil action may be brought by a prisoner confined in a jail, prison, or other correctional facility, for mental or emotional injury suffered while in custody without a prior showing of physical injury.” 42 U.S.C. § 1997e(e). Defendants argue that the Consolidated Amended Complaint must be dismissed because the Named Plaintiffs have failed to plead that they personally suffered any physical injury. The Court disagrees. Although the majority of the Consolidated Amended Complaint discusses the conditions that were faced by “the men” confined in the SCCF and not specifically the Named Plaintiffs, the Consolidated Amended Complaint also states that the Named Plaintiffs, “[a]s a result of their confinement in the SCCF and exposure to the conditions described” therein, “suffered intestinal illnesses, skin conditions, respiratory infections, fungal infections, nose bleeds, headaches, blurred vision, and dizziness.” (CAC ¶ 15.) See also supra note 2. These conditions clearly constitute
23

“physical injury” sufficient to satisfy the PLRA. See Waters v. Andrews, No. 97-CV-0407, 2000 WL 1611126, at *8 (W.D.N.Y. Oct. 16, 2000) (“A reasonable jury could find that the term ‘physical injury’ as used in § 1997e(e) includes exposure to noxious odors, including body odors from human discharges, and ‘dreadful’ conditions of confinement . . . .”). Further, “Section 1997e(e) does not limit the availability of nominal [or punitive] damages for the violation of a constitutional right” or the ability to seek declaratory or injunctive relief. Thompson v. Carter, 284 F.3d 411, 418 (2d Cir. 2002). Accordingly, to the extent that Defendants seek to dismiss the Consolidated Amended Complaint for failure to plead physical injury, their motion is DENIED.
c. Failure to Plead Supervisory Liability A prison official may be held personally liable for a claim of cruel and inhuman treatment “only if he knows that inmates face a substantial risk of serious harm and disregards that risk by failing to take reasonable measures to abate it.” Farmer, 511 U.S. at 847. Here, the Consolidated Amended Complaint asserts that DeMarco, Caracappa, and Meyerricks “knew or should have known” of the “visibly deplorable and unconstitutional conditions” at SCCF due to the numerous complaints made by inmates as well as reports from the State and several Suffolk County offices and agencies describing the
24

conditions in the facilities. (CAC ¶¶ 179-182 (emphasis added), see also id. ¶¶ 30-31, 34-36, 155-71.) However, the Supreme Court has made clear that “[a]n official’s failure to alleviate a significant risk that he should have perceived but did not, while no cause for commendation,” does not amount to a constitutional violation. Farmer, 511 U.S. at 838 (emphasis added). Rather, the official must “be aware of facts from which the inference could be drawn that a substantial risk of serious harm exists.” Id. at 837; see also Salahuddin, 467 F.3d at 280 (finding that the official must have “act[ed] or fail[ed] to act while actually aware of a substantive risk that serious inmate harm will result”); Caiozzo, 581 F.3d at 69-71. As the Consolidated Amended Complaint does not plead actual knowledge, but rather constructive knowledge, the claims against Defendants DeMarco, Caracappa, and Meyerricks must be dismissed. See Goodson v. Wright, No. 11-CV-0541, 2012 WL 3686222, at *5 (N.D.N.Y. May 23, 2012), adopted by 2012 WL 3655505 (N.D.N.Y. Aug. 24, 2012); see also Broschart v. O’Connor-Ryerson, No. 11CV-0405, 2012 WL 555307, at *3 (N.D.N.Y. Jan. 17, 2012) (“‘[K]new or should have known’ is not the applicable test for deliberate indifference.”), adopted by 2012 WL 555407 (N.D.N.Y. Feb. 21, 2012); Miller v. Rosini, No. 09-CV-7300, 2011 WL 924230, at *7 (S.D.N.Y. Mar. 17, 2011) (“[N]egligent conduct, no matter how serious the resulting injury, does not rise to the
25

level of a constitutional violation.” (citing Cnty. of Sacramento v. Lewis, 523 U.S. 833, 848, 855, 118 S. Ct. 1708, 140 L. Ed. 2d 1043 (1998)).7
In the alternative, the Named Plaintiffs argue that DeMarco, Caracappa, and Meyerricks can be held liable under a theory of supervisory liability. Although “‘[i]t is well settled in this Circuit that personal involvement of defendants in alleged constitutional deprivations is a prerequisite to an award of damages under § 1983,’” Colon v. Coughlin, 58 F.3d 865, 873 (2d Cir. 1995) (quoting Wright v. Smith, 21 F.3d 496, 501 (2d Cir. 1994)); Iqbal, 556 U.S. at 676 (“[A] plaintiff must plead that each Government-official defendant, through the official’s own individual actions, has violated the Constitution.”), a supervisory official can nonetheless be held liable if he “participated directly in the alleged constitutional violation [or] . . . created a policy or custom under which the unconstitutional practices occurred, or allowed the continuance of such a policy or custom,” Colon, 58 F.3d at
7 The Court notes that Plaintiffs’ opposition brief asserts that the individual defendants did, in fact, have knowledge of the allegedly unconstitutional conditions at SCCF. (Pls. Opp. 2021.) However, the Court, in reviewing a motion to dismiss for failure to state a claim, is limited to the allegations in the complaint, and, here, the Consolidated Amended Complaint asserts that the individual defendants “knew or should have known” of the conditions (CAC ¶¶ 179-182).
26

873.8

The Named Plaintiffs argue that “the Individual

Defendants’ refusal to allocate funds” to the SCCF was part of

“a longstanding policy created or continued by the Individual

Defendants to allow overcrowding in the SCCF in a specific

effort to lessen the financial burden of alternative housing,

and to otherwise administer the SCCF as cheaply as possible.”

(Pls. Opp. 23.) However, the Consolidated Amended Complaint is

void of any allegations that the decision not to invest

financially in improving the SCCF was made by any of the

individual Defendants.

Rather, the Consolidated Amended

Complaint appears to assert that this decision was made by the

8 The Second Circuit in Colon actually listed five ways that a plaintiff can establish supervisory liability--not just the two described above--including failure to remedy a wrong after being informed of the violation, grossly negligent supervision of subordinates who committed the wrongful acts, and deliberate indifference to the rights of inmates. 58 F.3d at 873. However, the “continuing vitality” of these additional methods has “engendered conflict within our Circuit” due to the Supreme Court’s decision in Iqbal. Reynolds v. Barrett, 685 F.3d 193, 206 (2d Cir. 2012). In Iqbal, the Supreme Court rejected the argument that “a supervisor’s mere knowledge of his subordinate’s discriminatory purpose amounts to the supervisor’s violating the Constitution.” 556 U.S. at 677. Although the Second Circuit has yet to determine the effects of Iqbal on the Colon-factors, the weight of authority among the district courts in the Eastern District of New York suggests that only two of the Colon-factors--direct participation and the creation of a policy or custom--survive Iqbal. See, e.g., Firestone v. Berrios, --- F. Supp. 2d ----, 2013 WL 297780, at *9-10 (E.D.N.Y. Jan. 22, 2013); Doe v. New York, No. 10-CV-1792, 2012 WL 4503409, at *8 n.3 (E.D.N.Y. Sept. 28, 2012); Warrender v. United States, No. 09-CV-2697, 2011 WL 703927, at *5 n.1 (E.D.N.Y. Feb. 17, 2011). This Court agrees and, thus, will limit its discussion to only those two factors.
27

County. (See CAC ¶¶ 157-59 (discussing the County’s allocation

of funds to the SCCF.) Accordingly, the Section 1983 claims

asserted against DeMarco, Caracappa, and Meyerricks are

DISMISSED WITHOUT PREJUDICE.

2. State Law Claims

Defendants argue that the Named Plaintiffs’ state

common law claim for negligence must be dismissed for failing to

serve a notice of claim pursuant to New York’s General Municipal

Law. Section 50-e of the General Municipal Law requires a

plaintiff to file a notice of claim prior to commencing an

action in tort against a municipality or one of its employees.

N.Y. GEN. MUN. LAW § 50-e; see also id. § 50-m (extending the

notice of claim requirement of Section 50-e to police and peace

officers employed by Suffolk County).

This requirement

“appl[ies] equally to state tort claims brought as pendent

claims in a federal civil rights action,” Warner v. Vill. of

Goshen Police Dep’t, 256 F. Supp. 2d 171, 175 (S.D.N.Y. 2003),

and a plaintiff’s failure to file a notice of claim “prior to

the commencement of litigation ordinarily requires dismissal,”

Davidson v. Bronx Mun. Hosp., 64 N.Y.2d 59, 62, 484 N.Y.S.2d

533, 535, 473 N.E.2d 761, 763 (1984).

The Named Plaintiffs do not deny that they failed to

file a notice of claim prior to commencing suit. Instead, they

argue that they are exempt from this requirement pursuant to

28

“the well-settled public interest exemption.” (Pls. Opp. 24.)
The Court agrees. The New York Court of Appeals has stated that
“the failure to timely file a notice of claim shall be fatal
unless the action has been brought to vindicate a public
interest . . . .” Mills v. Monroe Cnty., 59 N.Y.2d 307, 308,
464 N.Y.S.2d 709, 709, 451 N.E.2d 456, 456 (1983); see also
Union Free Sch. Dist. No. 6 v. N.Y. State Human Rights Appeal
Bd., 35 N.Y.2d 371, 379-80, 362 N.Y.S.2d 139, 144-45, 320 N.E.2d 859, 862-63 (1974).9 An action seeks to vindicate a public
interest and is “deserving of special treatment” if it was
“brought to protect an important right, and seek[s] relief for a
similarly situated class of the public, and whose resolution
would directly affect the rights of that class or group.”
Mills, 59 N.Y.2d at 311, 464 N.Y.S.2d at 711, 451 N.E.2d at 458.
The Court finds that this action, which is seeking injunctive
and declaratory relief regarding the conditions at SCCF, more
than satisfies this test.
9 Defendants argue that the exemption articulated in Mills only applies to N.Y. COUNTY LAW § 52, which requires plaintiffs to file a notice of claim in any action against a county to recover damages under New York’s Human Rights Law. (Defs. Reply 9-10.) Although the Court of Appeals in Mills applied the public interest exemption in the context of COUNTY LAW § 52’s notice of claim requirement, courts in New York have extended the exemption to GENERAL MUNICIPAL LAW § 50-e’s notice of claim requirement as well. See, e.g., Garcia v. Bloomberg, 865 F. Supp. 2d 478, 491 (S.D.N.Y. 2012); Green v. City of N.Y., 438 F. Supp. 2d 111, 125 (E.D.N.Y 2006). Thus, Defendants’ argument is without merit.
29

Defendants argue that the exemption does apply here

because no class has been certified. (Defs. Reply 9.) This

argument is illogical.

If class certification was a

prerequisite to the court’s application of the public interest

exemption, then the exemption would never apply. Defendants

would just move to dismiss as early as possible in the

litigation--before plaintiffs have an opportunity to move for

class certification. Further, courts in New York have applied

the exemption to cases without a certified class. See, e.g.,

Green, 438 F. Supp. 2d at 125; Scaggs v. N.Y. Dep’t of Educ.,

No. 06-CV-0799, 2007 WL 1456221, at *1 n.1, 20 (E.D.N.Y. May 16,

2007).

Accordingly, Defendants’ motion to dismiss the state

law claims is DENIED.

II. Motion for Class Certification

The Named Plaintiffs seek to certify two classes: an

Injunctive Class and a Damages Class. The Injunctive Class is

comprised of those seeking injunctive and declaratory relief and

is defined as follows:

All persons who, now or at any time in the future, are or will be detainees or prisoners in the custody of the Suffolk County Sheriff’s Department and housed in the Suffolk County Correctional Facilities located in Riverhead, New York and Yaphank, New York.

30

(CAC ¶ 21.) Plaintiffs Butler, Sims, Lofton, and Alver are the

proposed class representatives for the Injunctive Class. (Pls.

Mot. 5.) The Damages Class is comprised of those seeking

monetary relief and is defined as follows:

All persons who are or were detainees or prisoners in the custody of the Suffolk County Sheriff’s Department and housed in the Suffolk County Correctional Facilities (“SCCF”) located in Riverhead, New York and Yaphank, New York, and who were or will be released from the SCCF on or after April 5, 2009.

(Compl. ¶ 22.)

Plaintiff King is the proposed class

representative for the Damages Class. (Pls. Mot. 6.)

For these putative classes to be certified under Rule

23, the Named Plaintiffs must establish, by a preponderance of

the evidence, that the proposed classes meet the four

prerequisites set forth in subsection (a) and fit into one of

the categories of class actions enumerated in subsection (b).

FED. R. CIV. P. 23; see also Teamsters Local 445 Freight Div.

Pension Fund v. Bombardier Inc., 546 F.3d 196, 201-02 (2d Cir.

2008). Although “a district judge may certify a class only

after making determinations that each of the Rule 23

requirements has been met,” Miles v. Merrill Lynch & Co. (In re

Initial Pub. Offerings Sec. Litig.), 471 F.3d 24, 41 (2d Cir.

2006); see also Teamsters, 546 F.3d at 204 (“[A] court [must]

receive enough evidence, by affidavits, documents, or testimony,

31

to be satisfied that each Rule 23 requirement has been met.” (internal quotation marks and citation omitted)), the requirements should be “given liberal rather than restrictive construction,” Marisol A. v. Giuliani, 126 F.3d 372, 377 (2d Cir. 1997).
A. Rule 23(a) Prerequisites To be certified under Rule 23, a putative class must
establish that: (1) the class is so numerous that joinder of all members is impracticable; (2) there are questions of law or fact common to the class; (3) the claims or defenses of the representative parties are typical of the claims or defenses of the class; and (4) the representative parties will fairly and adequately protect the interests of the class.
FED. R. CIV. P. 23(a). “Additionally, while it is not explicitly spelled out in Rule 23, courts have added an ‘implied requirement of ascertainability’ with respect to the class definition.” Colozzi v. St. Joseph’s Hosp. Health Ctr., 275 F.R.D. 75, 83 (N.D.N.Y. 2011) (citing In re Initial Pub. Offerings, 471 F.3d 24, 30 (2d Cir. 2006)). The Court will address each requirement separately.
32

1. Numerosity The first prerequisite that the Named Plaintiffs must establish is that “the class is so numerous that joinder of all members is impracticable.” FED. R. CIV. P. 23(a)(1). Defendants argue that the Named Plaintiffs have failed to establish numerosity because: (1) the number of actual potential class members is based on speculation because the Named Plaintiffs have “present[ed] no evidence that any particular plaintiff, named or potential, has actually suffered harm as a result of defendants’ purported conduct” (Defs. Opp. 6); (2) “a presumption that there would be so many [class members] as to render joinder impracticable is dubious in light of the history of this class” (Defs. Opp. 7); (3) is it “questionable” that judicial economy would be furthered by a class action (Defs. Opp. 8), and (4) there is no evidence “that there are sufficient exhausting plaintiffs who may now proceed to sue” (Defs. Opp. 6). Defendants’ first three arguments are beyond frivolous, as more than 100 separate complaints alleging injuries resulting from the unsanitary and purportedly unconstitutional conditions at the SCCF have been consolidated into this action, and “numerosity is presumed at a level of 40 members.” Consolidated Rail Corp. v. Town of Hyde Park, 47 F.3d 473, 483 (2d Cir. 1995). Further, if the motion for class
33

certification is denied, the claims of each of the plaintiffs whose complaints have been consolidated herein shall be severed, their prior cases reopened and reinstated, and their actions litigated separately because their interests will no longer be represented in the instant action. Thus, it is far from “questionable” that proceeding as a class action will save significant time and resources for both the Court and defense counsel.
Defendants’ fourth argument warrants more discussion. Defendants argue that each class member must exhaust its administrative remedies, whereas the Named Plaintiffs argue that exhaustion is limited to the class representatives. Although there is no case law in the Second Circuit directly on point, other circuit courts across the country have held that the PLRA’s exhaustion requirement is limited to the class representatives. See Chandler v. Crosby, 379 F.3d 1278, 1287 (11th Cir. 2004) (holding that “a class of prisoner-plaintiffs certified under Rule 23(b)(2) satisfies the PLRA’s administrative exhaustion requirement through ‘vicarious exhaustion,’ i.e., when one or more class members ha[s] exhausted his administrative remedies with respect to each class claim raised by the class” (alteration in original) (internal quotation marks and citation omitted)); Gates v. Cook, 376 F.3d 323, 330 (5th Cir. 2004) (stating that one class member’s
34

exhaustion “is enough to satisfy [the PLRA’s exhaustion] requirement for the class”); Jackson v. Dist. of Columbia, 254 F.3d 262, 269 (D.C. Cir. 2001) (explaining that so long as one member of the prisoner-class pursued the available administrative remedies, “the plaintiff class has met the filing prerequisite” (quoting Foster v. Gueory, 655 F.2d 1319, 1321-22 (D.C. Cir. 1981); see also In re Nassau Cnty. Strip Search Cases, No. 99-CV-2844, 2010 WL 3781563, at *8 (E.D.N.Y. Sept. 22, 2010) (“[G]iven that exhaustion allows prison officials an opportunity to address the merits of a claim and that requiring all class members to exhaust could unduly burden a complaint system, tethering exhaustion to named plaintiffs makes sense.”); cf. U.S. ex rel. Sero v. Preiser, 506 F.2d 1115, 1130 (2d Cir. 1974) (finding that a class of prisoners seeking habeas corpus relief pursuant to 28 U.S.C. § 2254 satisfied the exhaustion requirement through vicarious exhaustion). Therefore, the Court finds that whether the purported class members have exhausted their administrative remedies is irrelevant to the class certification analysis.
Thus, as there are at least 163 members of the purported class, numerosity has been satisfied.
2. Commonality Although Rule 23(a)(2) states that the commonality requirement is met if “there are questions of law or fact common
35

to the class,” FED. R. CIV. P. 23(a)(2), the Supreme Court has recently clarified the meaning of the Rule, stating that “[c]ommonality requires the plaintiff to demonstrate that the class members ‘have suffered the same injury’” as opposed to simply “suffer[ing] a violation of the same provision of law.” Wal-Mart Stores, Inc. v. Dukes, --- U.S. ----, 131 S. Ct. 2541, 2551, 180 L. Ed. 2d 374 (2011) (quoting Gen. Tele. Co. of Sw. v. Falcon, 457 U.S. 147, 157, 102 S. Ct. 2364, 72 L. Ed. 2d 740 (1982)); see also M.D. ex rel. Stukenberg v. Perry, 675 F.3d 832, 840 (5th Cir. 2012) (“After Wal-Mart, Rule 23(a)(2)’s commonality requirement demands more than the presentation of questions that are common to the class because ‘any competently crafted class complaint literally raises common questions.’” (quoting Wal-Mart, 131 S. Ct. at 2551)). Thus, “[w]hat matters to class certification . . . is not the raising of common ‘questions’--even in droves--but, rather the capacity of a classwide proceeding to generate common answers apt to drive the resolution of the litigation.” Wal-Mart, 131 S. Ct. at 2551 (omission in original) (internal quotation marks and citation omitted). In other words, the class claims “must depend upon a common contention . . . of such a nature that it is capable of classwide resolution--which means that the determination of its truth or falsity will resolve an issue that is central to the validity of each of the class claims in one stroke.” Id.
36

The Court finds that there is such a “common

contention” here. To state a claim for violation of the Eighth

and Fourteenth Amendment’s prohibition against cruel and unusual

punishment, the Named Plaintiffs must show: “(1) a deprivation

that is ‘objectively, sufficiently serious’ that [they] w[ere]

denied the ‘minimal civilized measure of life’s necessities,’

and (2) a ‘sufficiently culpable state of mind’ on the part of

the defendant official, such as deliberate indifference to

inmate health or safety.” Gaston v. Coughlin, 249 F.3d at 164

(quoting Farmer, 511 U.S. at 834); accord Jabbar, 683 F.3d at

57.

Whether the County was aware of and deliberately

indifferent to the conditions at the SCCF is a common question

subject to class-wide resolution. See Wal-Mart, 131 S. Ct. at

2556 (“[F]or the purposes of Rule 23(a)(2) [e]ven a single

[common] question will do.” (second and third alterations in

original) (internal quotation marks and citation omitted)).

The Named Plaintiffs argue that there is an additional

common contention subject to class-wide resolution: “whether

inmates have experienced chronic exposure to human waste, mold-

covered, rusty showers smelling of sewage, inadequate

ventilation, prolonged exposure to mold, rust, vermin, freezing

temperatures, and leaking water, and contaminated drinking water

and food.” (Pls. Mot. 10-11 (citations omitted).) The Court

disagrees.

The allegations in the Consolidated Amended

37

Complaint relate to two separate facilities: Riverhead and Yaphank. And although the conditions in the two facilities are alleged to be similar, a determination that the conditions at Riverhead are “objectively, sufficiently serious” enough to deny the Riverhead inmates “the minimal civilized measure of life’s necessities,” Gaston, 249 F.3d at 164 (internal quotation marks and citation omitted), does not answer the question of whether the conditions at Yaphank were also unconstitutionally inhumane and vice versa.
However, the Court “is not bound by the class definition proposed in the complaint,” Robidoux v. Celani, 987 F.2d 931, 937 (2d Cir. 1993), and “is empowered under [Rule 23(c)(5)] to carve out an appropriate class--including the construction of subclasses,” Lundquist v. Sec. Pac. Auto. Fin. Servs. Corp., 993 F.2d 11, 14 (2d Cir. 1993). Thus, the Court finds that the Injunctive and Damages classes must be divided into subclasses--one for each facility10--so that the actual nature of the conditions at Riverhead and Yaphank and whether those conditions fall below constitutionally acceptable standards will be subject to (sub)class-wide resolution. See, e.g., Langley v. Coughin, 715 F. Supp. 522, 555 (S.D.N.Y. 1989)
10 Butler and Sims shall represent the Riverhead Injunctive Subclass; Lofton and Alver shall represent the Yaphank Injunctive Subclass. King shall represent the Riverhead Damages Subclass, and Lynch shall represent the Yaphank Damages Subclass.
38

(finding the commonality requirement satisfied for a proposed class of inmates asserting conditions-of-confinement claims arising out of their confinement to the special housing unit (“SHU”) at the Bedford Hills Correctional Facility because “common issues include[d] whether the alleged conditions on SHU --including noise, smell, lack of hygiene, smoke and fire, and potentially traumatic unusual incidents--can amount to a violation of constitutional standards; the actual nature of conditions on SHU throughout the time period in question; and the effect that such conditions are likely to have on a person confined in SHU”).
3. Typicality Rule 23(a)’s typicality requirement “requires that the claims of the class representatives be typical of those of the class, and ‘is satisfied when each class member’s claim arises from the same course of events, and each class member makes similar legal arguments to prove the defendant’s liability.’” Marisol A., 126 F.3d at 376 (quoting S.E.C. v. Drexel Burnham Lambert Grp., Inc. (In re Drexel Burnham Lambert Grp., Inc.), 960 F.2d 285, 291 (2d Cir. 1992)). “When it is alleged that the same unlawful conduct was directed at or affected both the named plaintiff and the class sought to be represented, the typicality requirement is usually met irrespective of minor variations in the fact patterns underlying individual claims.” Robidoux, 987
39

F.2d at 936-37. Here, the Court finds that the Named Plaintiffs for the Riverhead and Yaphank subclasses have satisfied the typicality requirement, as, for each subclass, they allege injuries arising out of the same allegedly unconstitutional conditions. Although the extent of their exposure to these conditions and the exact nature of their injuries will necessarily differ from those of the proposed class members, “[t]he representative claims need not be identical to the claims of every class member in order to meet the typicality requirement.” Marriot v. Cnty. of Montgomery, 227 F.R.D. 159, 172 (N.D.N.Y. 2005) (citing McNeill v. N.Y.C. Hous. Auth., 719 F. Supp. 233, 252 (S.D.N.Y. 1989)).
Defendants argue that typicality is not satisfied here because: (1) the Injunctive Class seeks to include all future inmates and (2) the Named Plaintiffs’ claims are subject to defenses separate and apart from the rest of the class-specifically mootness and failure to exhaust.
First, with respect to the Injunctive Class, it is not only proper, but preferred, to include future detainees. See Inmates of Lycoming Cnty. Prison v. Strode, 79 F.R.D. 228, 231 (M.D. Pa. 1978) (“In the context of challenging prison conditions any action taken or not taken will, of course, have an effect on those who are incarcerated at the prison in the future. The use of the class form is a desirable and logical
40

way to challenge prison conditions and it only make sense to

include future inmates.”); see also, e.g., Clarkson v. Coughlin,

145 F.R.D. 339, 346-47 (S.D.N.Y. 1993) (defining classes to

include all present and future inmates); Powell v. Ward, 487 F.

Supp. 917, 921 (S.D.N.Y. 1980) (certifying class of “all persons

who are now and who may be incarcerated in Bedford Hills

Correctional Facility”).

If, as Defendants suggest, the

conditions at SCCF improve dramatically, then the class will not

be entitled to injunctive relief. This remote possibility of

improvement does not preclude the certification of a class of

all present and future detainees.

Second, although Defendants are correct that

typicality is not satisfied “where a putative class

representative is subject to unique defenses which threaten to

become the focus of the litigation,” Baffa v. Donaldson, Lufkin

& Jenrette Sec. Corp., 222 F.3d 52, 59 (2d Cir. 2000) (internal

quotation marks and citation omitted), no such defenses exist

here. The Court previously rejected the mootness argument. See

supra pp. 15-18. And the exhaustion defense is not unique to

the Named Plaintiffs because, as Defendants assert, none of the

proposed class members incarcerated in the SCCF has exhausted

his administrative remedies. Thus, whether exhaustion should be

excused because administrative remedies were unavailable, or due

41

to estoppel or other special circumstances, see Hemphill, 380 F.3d at 686, is a question common to all members of the class.
Therefore, the Court finds that the typicality requirement is satisfied here.
4. Adequacy of Class Representation The adequacy requirement under Rule 23(a)(4) “is twofold: the proposed class representative must have an interest in vigorously pursuing the claims of the class, and must have no interests antagonistic to the interests of other class members.” Denney v. Deutsche Bank AG, 443 F.3d 253, 268 (2d Cir. 2006). Further, class counsel must be “qualified, experienced and able to conduct the litigation.” Baffa, 222 F.3d at 60.
a. Class Representatives Defendants argue that the class representatives are inadequate: (1) “due to the fatal effects of the PLRA and mootness defenses” (Defs. Opp. 15); (2) because some of the class representatives are now serving lengthy jail sentences in facilities across the state, which will make communications with counsel difficult (Defs. Opp. 16); (3) because “they have not shown that they have the financial ability to fund this litigation” (Defs. Opp. 16); and (4) because some of the class representatives have failed to provide Defendants with executed releases for their grievance and medical files (Zwilling Decl.
42

¶¶ 7-10). The Court finds that none of these arguments have any merit.
“Courts that have denied class certification based on the inadequate qualifications of plaintiffs have done so only in flagrant cases, where the putative class representatives display an alarming unfamiliarity with the suit, display an unwillingness to learn about the facts underlying their claims, or are so lacking in credibility that they are likely to harm their case.” In re Frontier Ins. Grp., Inc. Sec. Litig., 172 F.R.D. 31, 47 (E.D.N.Y. 1997) (internal quotation marks and citations omitted). This is not such a case. First, the Court has already rejected Defendants’ exhaustion and mootness defenses. See supra pp. 15-18, 20-22, 41. Second, that some of the class representatives remain incarcerated does not affect their interest in vigorously pursuing the claims of the class. Third, Shearman & Sterling and the New York Civil Liberties Union (“NYCLU”) have agreed to take on this case pro bono; thus, the Named Plaintiffs will not be responsible for legal fees and costs. And finally, the purported discovery abuses alleged by Defendants are not the type of “‘glaring violations of the discovery rules’ that typically lead to the disqualification of class representatives for discovery violations.” Koss v. Wackenhut Corp., No. 03-CV-7679, 2009 WL 928087, at *7 (S.D.N.Y. Mar. 30, 2009) (quoting Dubowski v. Ash (In re AM Int’l, Inc.
43

Sec. Litig.), 108 F.R.D. 190, 197 (S.D.N.Y. 1985)).

Accordingly, the Court finds that the Named Plaintiffs are

adequate class representatives.

b. Class Counsel

Defendants argue that class counsel--attorneys from

Shearman & Sterling and the NYCLU--are not qualified to

represent the class.

The Court strongly and fervently

disagrees. As Defendants acknowledge in their brief, the

adequacy of class counsel is satisfied “where the class

attorneys are experienced in the field or have demonstrated

professional competence in other ways, such as by the quality of

the briefs and the arguments during the early stages of the

case.” Schwab v. Philip Morris USA, Inc., 449 F. Supp. 2d 992,

1106 (E.D.N.Y. 2006), rev’d on other grounds, McLaughlin v. Am.

Tobacco Co., 522 F.3d 215 (2d Cir. 2008). Here, it is

undisputed that Corey Stoughton and Tyler Pendergrass of the

NYCLU have significant experience in litigating large-scale

civil rights actions and the Shearman & Sterling attorneys who

have appeared in this action--namely, Daniel H.R. Laguardia,

Melissa J. Godwin, Edward G. Timlin, and Sheila Jain--have

demonstrated that they are more than competent. They have

invested significant time, money, and effort in investigating

the potential claims in this class action--including

communicating with a significant number of the plaintiffs in the

44

111 cases that were consolidated into the present action-drafting and filing a comprehensive consolidated amended class action complaint, successfully opposing a motion to dismiss, and filing the present motion for class certification. Their papers to date reflect their skill and initiative, and the Court finds that they will fairly and adequately represent and protect the interests of the class.
B. Rule 23(b) Categories In addition to satisfying the prerequisites
articulated in Rule 23(a), a party seeking class certification must also establish that the putative class fits into one of the categories enumerated in Rule 23(b). The Named Plaintiffs assert that the Injunctive Class may be maintained under Rule 23(b)(2) and the Damages Class may be maintained under Rule 23(b)(3). The Court will address each separately.
1. Rule 23(b)(2) Rule 23(b)(2) provides that a class action may be maintained if “the party opposing the class has acted or refused to act on grounds that apply generally to the class, so that final injunctive relief or corresponding declaratory relief is appropriate respecting the class as a whole.” FED. R. CIV. P. 23(b)(2). The Supreme Court recently clarified the standard under Rule 23(b)(2) as follows:
45

Rule 23(b)(2) applies only when a single injunction or declaratory judgment would provide relief to each member of the class. It does not authorize class certification when each individual class member would be entitled to a different injunction or declaratory judgment against the defendant. Similarly, it does not authorize class certification when each class member would be entitled to an individualized award of monetary damages.
Wal-Mart, 131 S. Ct. at 2557. The Named Plaintiffs seek to
certify a class under Rule 23(b)(2) to obtain declaratory and
injunctive relief as well as monetary damages that are
incidental to the equitable relief. Defendants argue that class
certification is inappropriate because: (1) it would be
impossible to craft “meaningful equitable relief” that would
apply equally to all inmates housed in the SCCF; (2) the class,
which includes all future inmates, is not ascertainable; and (3)
it includes classmates’ claims for incidental damages.
With respect to Defendants’ first argument, they
assert that the only equitable relief that will effectively cure
all of the alleged constitutional violations is an injunction
barring Defendants from violating the law, which would be
impermissibly broad under Rule 65. The Court disagrees. An
injunction can both restrain actions or mandate that certain
actions be taken, see FED. R. CIV. P. 65(d)(1)(C); thus the Court
can draft an injunction that requires Defendants to take
specific actions to eliminate the allegedly cruel and inhuman
46

conditions in the SCCF. For example, the Court can set a limit on the number of inmates to be housed in Riverhead and Yaphank, order that the plumbing systems be repaired/replaced and that inmates be provided with proper cleaning supplies, and/or set minimum standards of cleanliness that must be maintained.
Next, Defendants argue that the class is not ascertainable because it includes all unknown future inmates. Ascertainability requires that the class be “defined by objective criteria that are administratively feasible, without a subjective determination.” McBean v. City of N.Y., 260 F.R.D. 120, 133 (S.D.N.Y. 2009); see also Dunnigan v. Metro. Life Ins. Co., 214 F.R.D. 125, 135 (S.D.N.Y. 2003). Here, the Injunctive Class and subclasses are defined solely by objective criteria: whether the class members are currently confined in Riverhead or Yaphank or will be confined in Riverhead or Yaphank prior to the date of judgment. This class is sufficiently ascertainable to support class certification. See, e.g., Mitchell v. Cnty. of Clinton, No. 06-CV-0254, 2007 WL 1988716, at *1, 4, 7 (N.D.N.Y. July 5, 2007) (finding a class of inmates placed in the custody of the Clinton County Jail “from October 24, 2003 through the date on which the Clinton County Sheriff’s Department and/or the County of Clinton cease or ceased, or are enjoined from, enforcing their unconstitutional policy, practice and custom of
47

conducting strip searches absent reasonable suspicion” was “ascertainable”).
Finally, Defendants argue that the Injunctive Classes and subclasses cannot be certified because they seek unidentified incidental damages in addition to equitable relief. “Generally, when monetary relief is requested in tandem with injunctive and declaratory relief, the court must determine whether the requested monetary relief predominates over the claims for equitable relief.” Parker v. Time Warner Entm’t Co., 331 F.3d 13, 18 (2d Cir. 2003). “[M]onetary relief predominates over equitable relief unless it is incidental to requested injunctive or declaratory relief.” Id. at 19. The Named Plaintiffs, however, do not specify what their “incidental” damages are and how they are distinct from the damages sought by the Damages Class and subclasses; thus, the Court cannot determine whether they “predominate” over the claims for equitable relief. Therefore, the Court certifies the Injunctive Class and subclasses only to the extent that they seek declaratory and injunctive relief.
2. Rule 23(b)(3) Rule 23(b)(3) provides that a class action may be maintained if “the court finds that questions of law or fact common to class members predominate over any questions affecting only individual members, and that a class action is superior to
48

other available methods for fairly and efficiently adjudicating the controversy.” FED. R. CIV. P. 23(b)(3).
a. Predominance “The predominance requirement is met if the plaintiff can establish that the issues in the class action that are subject to generalized proof, and thus applicable to the class as a whole, . . . predominate over those issues that are subject only to individualized proof.” Cordes & Co. Fin. Servs., Inc. v. A.G. Edwards & Sons, Inc., 502 F.3d 91, 107-08 (2d Cir. 2007). The Court finds that the following questions are common to the class: (1) whether the conditions at Yaphank and/or Riverhead are cruel or inhuman in violation of the Eighth and Fourteenth Amendments; (2) whether Defendants were deliberately indifferent to the conditions at the SCCF; and (3) whether administrative remedies were unavailable, whether Defendants are estopped from raising failure to exhaust as a defense and/or whether special circumstances justify non-exhaustion. The Court finds that these issues predominate over the issues subject to individualized proof--namely the extent of each class members’ damages. Further: There are a number of management tools available to a district court to address any individualized damages issues that might arise in a class action, including: (1) bifurcating liability and damage trials with the same or different juries; (2) appointing a magistrate judge or special master to
49

preside over individual damages proceedings; (3) decertifying the class after the liability trial and providing notice to class members concerning how they may proceed to prove damages; (4) creating subclasses; or (5) altering or amending the class.

In re Visa Check/MasterMoney Antitrust Litig., 280 F.3d 124, 141

(2d Cir. 2001), superseded by statute on other grounds as stated

in Attenborough v. Constr. & Gen. Bldg. Laborers' Local 79, 238

F.R.D. 82, 100 (S.D.N.Y. 2006). Thus, as the Court has the

flexibility to deal with issues regarding the management of this

class action as they arise, the existence of individualized

questions regarding damages does not warrant certification of the Damages Class and subclasses.11

denying

b. Superiority

“For Rule 23(b)(3) certification to be proper, a class

action also must be the most ‘fair and efficient’ method of

resolving this case.” Augustin v. Jablonsky (In re Nassau Cnty.

Strip Search Cases), 461 F.3d 219, 230 (2d Cir. 2006) (quoting

FED. R. CIV. P. 23(b)(3)). In analyzing whether proceeding as a

11 Defendants also argue that class certification is inappropriate because the class members were incarcerated during varying periods from 2009 through the present. Thus, Defendants assert that the class members have not been subject to the same conditions--in other words, the conditions may have worsened or improved over time. The Named Plaintiffs, however, assert that the conditions have persisted unabated. To the extent that during the course of discovery, it is determined that different classes of inmates incarcerated during different periods were exposed to different conditions, the Court can redefine and/or decertify the class at that time.
50

class action is superior to other options, the Court shall
consider:
(1) the interest of the class members in maintaining separate actions; (2) “the extent and nature of any litigation concerning the controversy already commenced by or against members of the class;” (3) “the desirability or undesirability of concentrating the litigation of the claims in the particular forum;” and (4) “the difficulties likely to be encountered in the management of a class action.”
Id. (quoting FED. R. CIV. P. 23(b)(3)). The first two factors
weigh heavily in favor of class certification. Every complaint
filed in the District related to the allegedly unconstitutional
conditions at the SCCF has been consolidated into the present
action. And upon consolidation each plaintiff was given the
opportunity to proceed independently, but not a single plaintiff
opted to litigate his case separately. Further, the Court finds
that the difficulties likely to be encountered in managing this
class action far outweigh the difficulties in managing over 100
separate actions litigating identical issues. See supra pp. 33-
34. Thus, the Court finds that proceeding as a class action is
by far the superior method of adjudicating this controversy.
CONCLUSION
For the foregoing reasons, Defendants’ motion to
dismiss is GRANTED IN PART and DENIED IN PART, and the claims
against Defendants DeMarco, Caracappa, and Meyerricks are
51

DISMISSED WITHOUT PREJUDICE. All other claims survive. The
Named Plaintiffs are GRANTED leave to file a Second Consolidated
Class Action Complaint that corrects the pleading defects with
respect to the claims against the Individual Defendants. Such
amended pleading shall be filed within thirty days (30) of the
date of this Memorandum and Order.
Further, the Named Plaintiffs’ motion for class
certification is GRANTED. It is therefore hereby:
ORDERED that the following classes and subclasses are
certified:
(1) an Injunctive Class comprised of all persons who, now or at any time in the future, are or will be detainees or prisoners in the custody of the Suffolk County Sheriff’s Department and housed in the SCCF, with separate subclasses for those persons detained in Riverhead and Yaphank; and
(2) a Damages Class comprised of all persons who are or were detainees or prisoners in the custody of the Suffolk County Sheriff’s Department and housed in the SCCF and who were or will be released from the SCCF on or after April 5, 2009, with separate subclasses for those persons detained in Riverhead and Yaphank.
The Injunctive Class and subclasses are certified to seek
declaratory and injunctive relief only; whereas the Damages
Class and subclasses is certified to seek any and all monetary
relief available to the class.
It is further ORDERED that Butler and Sims are
appointed the class representatives for the Riverhead Injunctive
Subclass; that Lofton and Alver are appointed class
52

representatives for the Yaphank Injunctive Subclass; that King is appointed class representative for the Riverhead Damages Subclass; and that Lynch is appointed class representative for the Yaphank Damages Subclass.
And it is further ORDERED that the Named Plaintiffs’ attorneys of record are appointed class counsel.

Dated:

March 19 , 2013 Central Islip, NY

SO ORDERED.
/s/ JOANNA SEYBERT______ Joanna Seybert, U.S.D.J.

53

 
 U.S. District Court Eastern District of New York (Central Islip) CIVIL DOCKET FOR CASE #: 2:11-cv-02602-JS-ST

Butler et al v. Suffolk County et al Assigned to: Judge Joanna Seybert Referred to: Magistrate Judge Steven Tiscione other Cases: 2:12-cv-03917-JS-GRB
2:12-cv-00709-JS-GRB 2:12-cv-00785-LDH-GRB related Cases: 2:11-cv-02602-JS-ST
2:12-cv-00605-JS-GRB 2:12-cv-00600-JS-GRB 2:12-cv-00602-JS-GRB 2:12-cv-00603-JS-GRB 2:12-cv-00875-JS-GRB 2:12-cv-00864-JS-GRB 2:12-cv-00799-JS-GRB 2:12-cv-00915-JS-GRB 2:12-cv-01274-JS-GRB 2:12-cv-01273-JS-GRB 2:12-cv-01717-JS-GRB 2:18-cv-02422-JS-GRB 2:13-cv-04842-JS-GRB 2:18-cv-02392-JS-GRB 2:19-cv-03790-GRB-AKT 2:11-cv-03711-JS-ARL 2:11-cv-03712-JS-ARL 2:11-cv-03713-JS-ARL 2:11-cv-03714-JS-ARL 2:11-cv-03716-JS-ARL 2:11-cv-03717-JS-ARL 2:11-cv-03718-JS-ARL 2:11-cv-03822-JS-GRB 2:11-cv-04225-JS-GRB 2:11-cv-04428-JS-GRB 2:11-cv-04483-JS-GRB 2:11-cv-04562-JS-GRB 2:11-cv-04705-JS-GRB 2:11-cv-04940-JS-GRB 2:11-cv-04946-JS-GRB

Date Filed: 05/27/2011 Jury Demand: Plaintiff Nature of Suit: 550 Prisoner: Civil Rights Jurisdiction: Federal Question

2:11-cv-05060-JS-GRB 2:11-cv-05145-JS-AKT 2:11-cv-05176-JS-GRB 2:11-cv-05177-JS-GRB 2:11-cv-05236-JS-WDW 2:11-cv-05461-JS-GRB 2:11-cv-05460-JS-GRB 2:11-cv-05594-JS-GRB 2:11-cv-05576-JS-GRB 2:11-cv-05595-JS-GRB 2:11-cv-05581-JS-GRB 2:11-cv-05569-JS-ETB 2:11-cv-05597-JS-AKT 2:11-cv-05598-JS-WDW 2:11-cv-05566-JS-GRB 2:11-cv-05666-JS-GRB 2:11-cv-05808-JS-GRB 2:11-cv-05807-JS-GRB 2:11-cv-05947-JS-GRB 2:11-cv-06065-JS-GRB 2:11-cv-06067-JS-GRB 2:11-cv-06068-JS-GRB 2:11-cv-05979-JS-GRB 2:11-cv-06078-JS-GRB 2:11-cv-06117-JS-GRB 2:11-cv-06125-JS-GRB 2:11-cv-06116-JS-GRB 2:11-cv-06119-JS-GRB 2:11-cv-06121-JS-WDW 2:11-cv-06122-JS-WDW 2:11-cv-06124-JS-GRB 2:11-cv-06198-JS-GRB 2:11-cv-06199-JS-ETB 2:11-cv-06281-JS-AKT 2:11-cv-06282-JS-GRB 2:11-cv-06283-JS-GRB 2:11-cv-06285-JS-GRB 2:11-cv-06287-JS-GRB 2:11-cv-06288-JS-GRB 2:11-cv-06389-JS-WDW 2:12-cv-00166-JS-GRB

2:12-cv-00254-JS-GRB 2:12-cv-00256-JS-GRB 2:12-cv-00454-JS-GRB 2:12-cv-00471-JS-GRB 2:12-cv-00472-JS-GRB 2:12-cv-01177-JS-GRB 2:12-cv-01423-JS-GRB 2:12-cv-01430-JS-GRB 2:12-cv-01431-JS-GRB 2:12-cv-01637-JS-GRB 2:12-cv-01712-JS-GRB 2:12-cv-01735-JS-GRB 2:12-cv-01734-JS-GRB 2:12-cv-01719-JS-GRB 2:12-cv-01724-JS-GRB 2:12-cv-01761-JS-GRB 2:12-cv-01909-JS-GRB 2:12-cv-02060-JS-GRB 2:12-cv-02282-JS-GRB 2:12-cv-02396-JS-GRB 2:12-cv-02470-JS-GRB 2:12-cv-02740-JS-GRB 2:12-cv-02714-JS-GRB 2:12-cv-02753-JS-GRB 2:12-cv-02793-JS-GRB 2:12-cv-02794-JS-GRB 2:12-cv-02873-JS-GRB 2:12-cv-03315-JS-GRB 2:12-cv-03366-JS-GRB 2:12-cv-03625-JS-GRB 2:12-cv-03624-JS-GRB 2:12-cv-03948-JS-GRB 2:12-cv-04355-JS-ARL 2:12-cv-04354-JS-GRB 2:12-cv-05000-JS-GRB 2:12-cv-05789-JS-GRB 2:12-cv-06361-JS-GRB 2:13-cv-00316-JS-GRB 2:13-cv-02072-JS-GRB 2:13-cv-02515-JS-GRB 2:13-cv-03230-JS-GRB

2:13-cv-04697-JS-GRB 2:13-cv-04732-JS-GRB 2:13-cv-04934-JS-WDW 2:13-cv-06497-JS-GRB 2:13-cv-06935-JS-GRB 2:14-cv-04609-JS-SIL 2:15-cv-02827-JS-SIL 2:16-cv-03930-JS-GRB 2:17-cv-06690-JS-AYS 2:17-cv-07341-JS-AKT 2:18-cv-00116-JS-SIL 2:18-cv-00797-JS-GRB 2:18-cv-03145-JS-GRB 2:18-cv-04080-JS-GRB 2:18-cv-05115-JS-ARL 2:18-cv-07305-JS-GRB 2:18-cv-07414-JS-GRB 2:18-cv-07418-JS-ARL 2:19-cv-01819-JS-GRB 2:19-cv-01895-JS-GRB 2:19-cv-03497-JS-AKT Cause: 42:1983 Civil Rights Act

Plaintiff
Ricky Lynch on behalf of himself and all others similarly situated,

represented by Daniel Hector Rees LaGuardia Shearman & Sterling 599 Lexington Avenue New York, NY 10022 212-848-4000 Fax: 212-848-7179 Email: daniel.laguardia@shearman.com LEAD ATTORNEY ATTORNEY TO BE NOTICED

John F. Cove Jr. Shearman & Sterling LLP 535 Mission Street, 25th Floor San Francisco, CA 94105 415-616-1139 Fax: 415-616-1339 Email: john.cove@shearman.com LEAD ATTORNEY

ATTORNEY TO BE NOTICED
Alexis Scott Berkowitz Shearman & Sterling LLP 599 Lexington Ave Rm 316 New York, NY 10022 (212)848-5218 Fax: (646)848-5218 ATTORNEY TO BE NOTICED
Anthony J Licatesi Rubin & Licatesi PC 591 Stewart Avenue Garden City, NY 11530 516-227-2662 Fax: 516-470-6498 Email: jahlfeld@tllgllp.com ATTORNEY TO BE NOTICED
Corey Stoughton New York Civil Liberties Union 125 Broad Street New York, NY 10004 212-344-3005 ext. 266 Fax: 212-344-3318 Email: cstoughton@nyclu.org TERMINATED: 11/17/2015 ATTORNEY TO BE NOTICED
Edward Garth Timlin Bernstein Litowitz Berger & Grossmann LLP 1285 Avenue of the Americas New York, NY 10019 212-554-1427 Email: edward.timlin@shearman.com ATTORNEY TO BE NOTICED
Elizabeth Francoise Johnson Shearman & Sterling LLP 599 Lexington Avenue New York, NY 10022 212-848-7074 Fax: 646-848-7074

Email: elizabeth.stewart@shearman.com ATTORNEY TO BE NOTICED
Erin B. Harrist New York Civil Liberties Union 125 Broad St 19th Floor New York, NY 10004 212-607-3300 Fax: 212-607-3318 Email: eharrist@nyclu.org TERMINATED: 02/03/2020 ATTORNEY TO BE NOTICED
George B. Adams Shearman & Sterling LLP 535 Mission Street, 25th Floor San Francisco, CA 94105 UNITED STA 415-616-1135 Fax: 415-616-1440 Email: george.adams@shearman.com PRO HAC VICE ATTORNEY TO BE NOTICED
Hanchu Chen Shearman & Sterling LLP 599 Lexington Avenue New York, NY 10022 212-848-5316 Fax: 646-848-5316 Email: hanchu.chen@shearman.com TERMINATED: 09/24/2018 ATTORNEY TO BE NOTICED
Melissa Jane Godwin Shearman & Sterling LLP 599 Lexington Avenue New York, NY 10022 (212)848-4049 Fax: (646)848-4049 ATTORNEY TO BE NOTICED
Philip Louis Desgranges New York Civil Liberties Union

Plaintiff
Jerry Finch, Jr. TERMINATED: 04/05/2012

125 Broad St 19th Floor New York, NY 10004 212-607-3360 Email: pdesgranges@nyclu.org TERMINATED: 10/15/2020 ATTORNEY TO BE NOTICED
Sheila Jain Sherman & Sterling LLP 599 Lexington Ave New York, NY 10022 212-848-7126 Fax: 646-848-7126 ATTORNEY TO BE NOTICED
Taylor Scott Pendergrass New York Civil Liberties Union 125 Broad Street 19th Floor New York, NY 10025 212-607-3344 Fax: 212-607-3318 Email: tpendergrass@nyclu.org TERMINATED: 03/12/2014 ATTORNEY TO BE NOTICED
represented by Daniel Hector Rees LaGuardia (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
John F. Cove Jr. (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Alexis Scott Berkowitz (See above for address) ATTORNEY TO BE NOTICED
Corey Stoughton (See above for address) TERMINATED: 11/17/2015 ATTORNEY TO BE NOTICED

Plaintiff
Damien R. Small TERMINATED: 04/05/2012

Edward Garth Timlin (See above for address) ATTORNEY TO BE NOTICED
Erin B. Harrist (See above for address) TERMINATED: 02/03/2020 ATTORNEY TO BE NOTICED
George B. Adams (See above for address) PRO HAC VICE ATTORNEY TO BE NOTICED
Melissa Jane Godwin (See above for address) ATTORNEY TO BE NOTICED
Philip Louis Desgranges (See above for address) TERMINATED: 10/15/2020 ATTORNEY TO BE NOTICED
Sheila Jain (See above for address) ATTORNEY TO BE NOTICED
Taylor Scott Pendergrass (See above for address) TERMINATED: 03/12/2014 ATTORNEY TO BE NOTICED
represented by Daniel Hector Rees LaGuardia (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
John F. Cove Jr. (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Alexis Scott Berkowitz (See above for address)

Plaintiff
Leroy C. Jones TERMINATED: 04/05/2012

ATTORNEY TO BE NOTICED
Corey Stoughton (See above for address) TERMINATED: 11/17/2015 ATTORNEY TO BE NOTICED
Edward Garth Timlin (See above for address) ATTORNEY TO BE NOTICED
Erin B. Harrist (See above for address) TERMINATED: 02/03/2020 ATTORNEY TO BE NOTICED
George B. Adams (See above for address) PRO HAC VICE ATTORNEY TO BE NOTICED
Melissa Jane Godwin (See above for address) ATTORNEY TO BE NOTICED
Philip Louis Desgranges (See above for address) TERMINATED: 10/15/2020 ATTORNEY TO BE NOTICED
Sheila Jain (See above for address) ATTORNEY TO BE NOTICED
Taylor Scott Pendergrass (See above for address) TERMINATED: 03/12/2014 ATTORNEY TO BE NOTICED
represented by Daniel Hector Rees LaGuardia (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
John F. Cove Jr.

Plaintiff

(See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Alexis Scott Berkowitz (See above for address) ATTORNEY TO BE NOTICED
Corey Stoughton (See above for address) TERMINATED: 11/17/2015 ATTORNEY TO BE NOTICED
Edward Garth Timlin (See above for address) ATTORNEY TO BE NOTICED
Erin B. Harrist (See above for address) TERMINATED: 02/03/2020 ATTORNEY TO BE NOTICED
George B. Adams (See above for address) PRO HAC VICE ATTORNEY TO BE NOTICED
Melissa Jane Godwin (See above for address) ATTORNEY TO BE NOTICED
Philip Louis Desgranges (See above for address) TERMINATED: 10/15/2020 ATTORNEY TO BE NOTICED
Sheila Jain (See above for address) ATTORNEY TO BE NOTICED
Taylor Scott Pendergrass (See above for address) TERMINATED: 03/12/2014 ATTORNEY TO BE NOTICED

Charles Whidbee TERMINATED: 10/07/2011

represented by John F. Cove Jr. (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Alexis Scott Berkowitz (See above for address) ATTORNEY TO BE NOTICED
Corey Stoughton (See above for address) TERMINATED: 11/17/2015 ATTORNEY TO BE NOTICED
Erin B. Harrist (See above for address) TERMINATED: 02/03/2020 ATTORNEY TO BE NOTICED
George B. Adams (See above for address) PRO HAC VICE ATTORNEY TO BE NOTICED
Melissa Jane Godwin (See above for address) ATTORNEY TO BE NOTICED
Philip Louis Desgranges (See above for address) TERMINATED: 10/15/2020 ATTORNEY TO BE NOTICED
Sheila Jain (See above for address) ATTORNEY TO BE NOTICED
Taylor Scott Pendergrass (See above for address) TERMINATED: 03/12/2014 ATTORNEY TO BE NOTICED
Daniel Hector Rees LaGuardia (See above for address) ATTORNEY TO BE NOTICED

Plaintiff
Theodore Davis TERMINATED: 04/05/2012

represented by Daniel Hector Rees LaGuardia (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
John F. Cove Jr. (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Alexis Scott Berkowitz (See above for address) ATTORNEY TO BE NOTICED
Corey Stoughton (See above for address) TERMINATED: 11/17/2015 ATTORNEY TO BE NOTICED
Edward Garth Timlin (See above for address) ATTORNEY TO BE NOTICED
Erin B. Harrist (See above for address) TERMINATED: 02/03/2020 ATTORNEY TO BE NOTICED
George B. Adams (See above for address) PRO HAC VICE ATTORNEY TO BE NOTICED
Melissa Jane Godwin (See above for address) ATTORNEY TO BE NOTICED
Philip Louis Desgranges (See above for address) TERMINATED: 10/15/2020 ATTORNEY TO BE NOTICED
Sheila Jain (See above for address) ATTORNEY TO BE NOTICED

Plaintiff
Mack Butler on behalf of himself and all others similarly situated,

Taylor Scott Pendergrass (See above for address) TERMINATED: 03/12/2014 ATTORNEY TO BE NOTICED
represented by Daniel Hector Rees LaGuardia (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
John F. Cove Jr. (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Alexis Scott Berkowitz (See above for address) ATTORNEY TO BE NOTICED
Corey Stoughton (See above for address) TERMINATED: 11/17/2015 ATTORNEY TO BE NOTICED
Edward Garth Timlin (See above for address) ATTORNEY TO BE NOTICED
Elizabeth Francoise Johnson (See above for address) ATTORNEY TO BE NOTICED
Erin B. Harrist (See above for address) TERMINATED: 02/03/2020 ATTORNEY TO BE NOTICED
George B. Adams (See above for address) PRO HAC VICE ATTORNEY TO BE NOTICED
Hanchu Chen (See above for address)

Plaintiff
Eddie M. Sims TERMINATED: 04/05/2012

TERMINATED: 09/24/2018 ATTORNEY TO BE NOTICED
Melissa Jane Godwin (See above for address) ATTORNEY TO BE NOTICED
Philip Louis Desgranges (See above for address) TERMINATED: 10/15/2020 ATTORNEY TO BE NOTICED
Sheila Jain (See above for address) ATTORNEY TO BE NOTICED
Taylor Scott Pendergrass (See above for address) TERMINATED: 03/12/2014 ATTORNEY TO BE NOTICED
represented by Daniel Hector Rees LaGuardia (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
John F. Cove Jr. (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Alexis Scott Berkowitz (See above for address) ATTORNEY TO BE NOTICED
Corey Stoughton (See above for address) TERMINATED: 11/17/2015 ATTORNEY TO BE NOTICED
Edward Garth Timlin (See above for address) ATTORNEY TO BE NOTICED
Erin B. Harrist

Plaintiff
Dallas Johnson TERMINATED: 04/05/2012

(See above for address) TERMINATED: 02/03/2020 ATTORNEY TO BE NOTICED
George B. Adams (See above for address) PRO HAC VICE ATTORNEY TO BE NOTICED
Melissa Jane Godwin (See above for address) ATTORNEY TO BE NOTICED
Philip Louis Desgranges (See above for address) TERMINATED: 10/15/2020 ATTORNEY TO BE NOTICED
Sheila Jain (See above for address) ATTORNEY TO BE NOTICED
Taylor Scott Pendergrass (See above for address) TERMINATED: 03/12/2014 ATTORNEY TO BE NOTICED
represented by Daniel Hector Rees LaGuardia (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
John F. Cove Jr. (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Alexis Scott Berkowitz (See above for address) ATTORNEY TO BE NOTICED
Corey Stoughton (See above for address) TERMINATED: 11/17/2015 ATTORNEY TO BE NOTICED

Plaintiff
Christopher Sydnor TERMINATED: 10/07/2011

Edward Garth Timlin (See above for address) ATTORNEY TO BE NOTICED
Erin B. Harrist (See above for address) TERMINATED: 02/03/2020 ATTORNEY TO BE NOTICED
George B. Adams (See above for address) PRO HAC VICE ATTORNEY TO BE NOTICED
Melissa Jane Godwin (See above for address) ATTORNEY TO BE NOTICED
Philip Louis Desgranges (See above for address) TERMINATED: 10/15/2020 ATTORNEY TO BE NOTICED
Sheila Jain (See above for address) ATTORNEY TO BE NOTICED
Taylor Scott Pendergrass (See above for address) TERMINATED: 03/12/2014 ATTORNEY TO BE NOTICED
represented by John F. Cove Jr. (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Alexis Scott Berkowitz (See above for address) ATTORNEY TO BE NOTICED
Corey Stoughton (See above for address) TERMINATED: 11/17/2015

Plaintiff
Dondi W. Jackson TERMINATED: 10/07/2011

ATTORNEY TO BE NOTICED
Erin B. Harrist (See above for address) TERMINATED: 02/03/2020 ATTORNEY TO BE NOTICED
George B. Adams (See above for address) PRO HAC VICE ATTORNEY TO BE NOTICED
Melissa Jane Godwin (See above for address) ATTORNEY TO BE NOTICED
Philip Louis Desgranges (See above for address) TERMINATED: 10/15/2020 ATTORNEY TO BE NOTICED
Sheila Jain (See above for address) ATTORNEY TO BE NOTICED
Taylor Scott Pendergrass (See above for address) TERMINATED: 03/12/2014 ATTORNEY TO BE NOTICED
Daniel Hector Rees LaGuardia (See above for address) ATTORNEY TO BE NOTICED
represented by John F. Cove Jr. (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Alexis Scott Berkowitz (See above for address) ATTORNEY TO BE NOTICED
Corey Stoughton (See above for address)

Plaintiff
Felipe Rovelo TERMINATED: 04/05/2012

TERMINATED: 11/17/2015 ATTORNEY TO BE NOTICED
Erin B. Harrist (See above for address) TERMINATED: 02/03/2020 ATTORNEY TO BE NOTICED
George B. Adams (See above for address) PRO HAC VICE ATTORNEY TO BE NOTICED
Melissa Jane Godwin (See above for address) ATTORNEY TO BE NOTICED
Philip Louis Desgranges (See above for address) TERMINATED: 10/15/2020 ATTORNEY TO BE NOTICED
Sheila Jain (See above for address) ATTORNEY TO BE NOTICED
Taylor Scott Pendergrass (See above for address) TERMINATED: 03/12/2014 ATTORNEY TO BE NOTICED
Daniel Hector Rees LaGuardia (See above for address) ATTORNEY TO BE NOTICED
represented by Daniel Hector Rees LaGuardia (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
John F. Cove Jr. (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Plaintiff
Robert Bernhard TERMINATED: 04/05/2012

Alexis Scott Berkowitz (See above for address) ATTORNEY TO BE NOTICED
Corey Stoughton (See above for address) TERMINATED: 11/17/2015 ATTORNEY TO BE NOTICED
Edward Garth Timlin (See above for address) ATTORNEY TO BE NOTICED
Erin B. Harrist (See above for address) TERMINATED: 02/03/2020 ATTORNEY TO BE NOTICED
George B. Adams (See above for address) PRO HAC VICE ATTORNEY TO BE NOTICED
Melissa Jane Godwin (See above for address) ATTORNEY TO BE NOTICED
Philip Louis Desgranges (See above for address) TERMINATED: 10/15/2020 ATTORNEY TO BE NOTICED
Sheila Jain (See above for address) ATTORNEY TO BE NOTICED
Taylor Scott Pendergrass (See above for address) TERMINATED: 03/12/2014 ATTORNEY TO BE NOTICED
represented by Daniel Hector Rees LaGuardia (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

John F. Cove Jr. (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Alexis Scott Berkowitz (See above for address) ATTORNEY TO BE NOTICED
Corey Stoughton (See above for address) TERMINATED: 11/17/2015 ATTORNEY TO BE NOTICED
Edward Garth Timlin (See above for address) ATTORNEY TO BE NOTICED
Erin B. Harrist (See above for address) TERMINATED: 02/03/2020 ATTORNEY TO BE NOTICED
George B. Adams (See above for address) PRO HAC VICE ATTORNEY TO BE NOTICED
Melissa Jane Godwin (See above for address) ATTORNEY TO BE NOTICED
Philip Louis Desgranges (See above for address) TERMINATED: 10/15/2020 ATTORNEY TO BE NOTICED
Sheila Jain (See above for address) ATTORNEY TO BE NOTICED
Taylor Scott Pendergrass (See above for address) TERMINATED: 03/12/2014 ATTORNEY TO BE NOTICED

Plaintiff
Adam Williams TERMINATED: 04/05/2012

represented by Daniel Hector Rees LaGuardia (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
John F. Cove Jr. (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Alexis Scott Berkowitz (See above for address) ATTORNEY TO BE NOTICED
Corey Stoughton (See above for address) TERMINATED: 11/17/2015 ATTORNEY TO BE NOTICED
Edward Garth Timlin (See above for address) ATTORNEY TO BE NOTICED
Erin B. Harrist (See above for address) TERMINATED: 02/03/2020 ATTORNEY TO BE NOTICED
George B. Adams (See above for address) PRO HAC VICE ATTORNEY TO BE NOTICED
Melissa Jane Godwin (See above for address) ATTORNEY TO BE NOTICED
Philip Louis Desgranges (See above for address) TERMINATED: 10/15/2020 ATTORNEY TO BE NOTICED
Sheila Jain (See above for address) ATTORNEY TO BE NOTICED

Plaintiff
Joseph Potter, Jr. TERMINATED: 10/07/2011

Taylor Scott Pendergrass (See above for address) TERMINATED: 03/12/2014 ATTORNEY TO BE NOTICED
represented by John F. Cove Jr. (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Alexis Scott Berkowitz (See above for address) ATTORNEY TO BE NOTICED
Corey Stoughton (See above for address) TERMINATED: 11/17/2015 ATTORNEY TO BE NOTICED
Erin B. Harrist (See above for address) TERMINATED: 02/03/2020 ATTORNEY TO BE NOTICED
George B. Adams (See above for address) PRO HAC VICE ATTORNEY TO BE NOTICED
Melissa Jane Godwin (See above for address) ATTORNEY TO BE NOTICED
Philip Louis Desgranges (See above for address) TERMINATED: 10/15/2020 ATTORNEY TO BE NOTICED
Sheila Jain (See above for address) ATTORNEY TO BE NOTICED
Taylor Scott Pendergrass (See above for address)

Plaintiff
Donald Bangs TERMINATED: 04/05/2012

TERMINATED: 03/12/2014 ATTORNEY TO BE NOTICED
Daniel Hector Rees LaGuardia (See above for address) ATTORNEY TO BE NOTICED
represented by Daniel Hector Rees LaGuardia (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
John F. Cove Jr. (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Alexis Scott Berkowitz (See above for address) ATTORNEY TO BE NOTICED
Corey Stoughton (See above for address) TERMINATED: 11/17/2015 ATTORNEY TO BE NOTICED
Edward Garth Timlin (See above for address) ATTORNEY TO BE NOTICED
Erin B. Harrist (See above for address) TERMINATED: 02/03/2020 ATTORNEY TO BE NOTICED
George B. Adams (See above for address) PRO HAC VICE ATTORNEY TO BE NOTICED
Melissa Jane Godwin (See above for address) ATTORNEY TO BE NOTICED
Philip Louis Desgranges

Plaintiff
Edward Keyes TERMINATED: 04/05/2012

(See above for address) TERMINATED: 10/15/2020 ATTORNEY TO BE NOTICED
Sheila Jain (See above for address) ATTORNEY TO BE NOTICED
Taylor Scott Pendergrass (See above for address) TERMINATED: 03/12/2014 ATTORNEY TO BE NOTICED
represented by Daniel Hector Rees LaGuardia (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
John F. Cove Jr. (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Alexis Scott Berkowitz (See above for address) ATTORNEY TO BE NOTICED
Corey Stoughton (See above for address) TERMINATED: 11/17/2015 ATTORNEY TO BE NOTICED
Edward Garth Timlin (See above for address) ATTORNEY TO BE NOTICED
Erin B. Harrist (See above for address) TERMINATED: 02/03/2020 ATTORNEY TO BE NOTICED
George B. Adams (See above for address) PRO HAC VICE ATTORNEY TO BE NOTICED

Plaintiff
Jason Cooper TERMINATED: 04/05/2012

Melissa Jane Godwin (See above for address) ATTORNEY TO BE NOTICED
Philip Louis Desgranges (See above for address) TERMINATED: 10/15/2020 ATTORNEY TO BE NOTICED
Sheila Jain (See above for address) ATTORNEY TO BE NOTICED
Taylor Scott Pendergrass (See above for address) TERMINATED: 03/12/2014 ATTORNEY TO BE NOTICED
represented by Daniel Hector Rees LaGuardia (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
John F. Cove Jr. (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Alexis Scott Berkowitz (See above for address) ATTORNEY TO BE NOTICED
Corey Stoughton (See above for address) TERMINATED: 11/17/2015 ATTORNEY TO BE NOTICED
Edward Garth Timlin (See above for address) ATTORNEY TO BE NOTICED
Erin B. Harrist (See above for address) TERMINATED: 02/03/2020

Plaintiff
Kevin M. Massey TERMINATED: 04/05/2012

ATTORNEY TO BE NOTICED
George B. Adams (See above for address) PRO HAC VICE ATTORNEY TO BE NOTICED
Melissa Jane Godwin (See above for address) ATTORNEY TO BE NOTICED
Philip Louis Desgranges (See above for address) TERMINATED: 10/15/2020 ATTORNEY TO BE NOTICED
Sheila Jain (See above for address) ATTORNEY TO BE NOTICED
Taylor Scott Pendergrass (See above for address) TERMINATED: 03/12/2014 ATTORNEY TO BE NOTICED
represented by Daniel Hector Rees LaGuardia (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
John F. Cove Jr. (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Alexis Scott Berkowitz (See above for address) ATTORNEY TO BE NOTICED
Corey Stoughton (See above for address) TERMINATED: 11/17/2015 ATTORNEY TO BE NOTICED
Edward Garth Timlin

Plaintiff
Darryl Isaac TERMINATED: 04/05/2012

(See above for address) ATTORNEY TO BE NOTICED
Erin B. Harrist (See above for address) TERMINATED: 02/03/2020 ATTORNEY TO BE NOTICED
George B. Adams (See above for address) PRO HAC VICE ATTORNEY TO BE NOTICED
Melissa Jane Godwin (See above for address) ATTORNEY TO BE NOTICED
Philip Louis Desgranges (See above for address) TERMINATED: 10/15/2020 ATTORNEY TO BE NOTICED
Sheila Jain (See above for address) ATTORNEY TO BE NOTICED
Taylor Scott Pendergrass (See above for address) TERMINATED: 03/12/2014 ATTORNEY TO BE NOTICED
represented by Daniel Hector Rees LaGuardia (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
John F. Cove Jr. (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Alexis Scott Berkowitz (See above for address) ATTORNEY TO BE NOTICED

Plaintiff
Calvin Felder TERMINATED: 04/05/2012

Corey Stoughton (See above for address) TERMINATED: 11/17/2015 ATTORNEY TO BE NOTICED
Edward Garth Timlin (See above for address) ATTORNEY TO BE NOTICED
Erin B. Harrist (See above for address) TERMINATED: 02/03/2020 ATTORNEY TO BE NOTICED
George B. Adams (See above for address) PRO HAC VICE ATTORNEY TO BE NOTICED
Melissa Jane Godwin (See above for address) ATTORNEY TO BE NOTICED
Philip Louis Desgranges (See above for address) TERMINATED: 10/15/2020 ATTORNEY TO BE NOTICED
Sheila Jain (See above for address) ATTORNEY TO BE NOTICED
Taylor Scott Pendergrass (See above for address) TERMINATED: 03/12/2014 ATTORNEY TO BE NOTICED
represented by Daniel Hector Rees LaGuardia (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
John F. Cove Jr. (See above for address) LEAD ATTORNEY

Plaintiff
Andrew Zeigler TERMINATED: 04/05/2012

ATTORNEY TO BE NOTICED
Alexis Scott Berkowitz (See above for address) ATTORNEY TO BE NOTICED
Corey Stoughton (See above for address) TERMINATED: 11/17/2015 ATTORNEY TO BE NOTICED
Edward Garth Timlin (See above for address) ATTORNEY TO BE NOTICED
Erin B. Harrist (See above for address) TERMINATED: 02/03/2020 ATTORNEY TO BE NOTICED
George B. Adams (See above for address) PRO HAC VICE ATTORNEY TO BE NOTICED
Melissa Jane Godwin (See above for address) ATTORNEY TO BE NOTICED
Philip Louis Desgranges (See above for address) TERMINATED: 10/15/2020 ATTORNEY TO BE NOTICED
Sheila Jain (See above for address) ATTORNEY TO BE NOTICED
Taylor Scott Pendergrass (See above for address) TERMINATED: 03/12/2014 ATTORNEY TO BE NOTICED
represented by Daniel Hector Rees LaGuardia (See above for address)

LEAD ATTORNEY ATTORNEY TO BE NOTICED
John F. Cove Jr. (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Alexis Scott Berkowitz (See above for address) ATTORNEY TO BE NOTICED
Corey Stoughton (See above for address) TERMINATED: 11/17/2015 ATTORNEY TO BE NOTICED
Edward Garth Timlin (See above for address) ATTORNEY TO BE NOTICED
Erin B. Harrist (See above for address) TERMINATED: 02/03/2020 ATTORNEY TO BE NOTICED
George B. Adams (See above for address) PRO HAC VICE ATTORNEY TO BE NOTICED
Melissa Jane Godwin (See above for address) ATTORNEY TO BE NOTICED
Philip Louis Desgranges (See above for address) TERMINATED: 10/15/2020 ATTORNEY TO BE NOTICED
Sheila Jain (See above for address) ATTORNEY TO BE NOTICED
Taylor Scott Pendergrass (See above for address)

Plaintiff
Chester Ingram TERMINATED: 04/05/2012

TERMINATED: 03/12/2014 ATTORNEY TO BE NOTICED
represented by Daniel Hector Rees LaGuardia (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
John F. Cove Jr. (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Alexis Scott Berkowitz (See above for address) ATTORNEY TO BE NOTICED
Corey Stoughton (See above for address) TERMINATED: 11/17/2015 ATTORNEY TO BE NOTICED
Edward Garth Timlin (See above for address) ATTORNEY TO BE NOTICED
Erin B. Harrist (See above for address) TERMINATED: 02/03/2020 ATTORNEY TO BE NOTICED
George B. Adams (See above for address) PRO HAC VICE ATTORNEY TO BE NOTICED
Melissa Jane Godwin (See above for address) ATTORNEY TO BE NOTICED
Philip Louis Desgranges (See above for address) TERMINATED: 10/15/2020 ATTORNEY TO BE NOTICED

Plaintiff
Donnell Stengle TERMINATED: 04/05/2012

Sheila Jain (See above for address) ATTORNEY TO BE NOTICED
Taylor Scott Pendergrass (See above for address) TERMINATED: 03/12/2014 ATTORNEY TO BE NOTICED
represented by Daniel Hector Rees LaGuardia (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
John F. Cove Jr. (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Alexis Scott Berkowitz (See above for address) ATTORNEY TO BE NOTICED
Corey Stoughton (See above for address) TERMINATED: 11/17/2015 ATTORNEY TO BE NOTICED
Edward Garth Timlin (See above for address) ATTORNEY TO BE NOTICED
Erin B. Harrist (See above for address) TERMINATED: 02/03/2020 ATTORNEY TO BE NOTICED
George B. Adams (See above for address) PRO HAC VICE ATTORNEY TO BE NOTICED
Melissa Jane Godwin (See above for address) ATTORNEY TO BE NOTICED

Plaintiff
Kevin King on behalf of himself and all others similarly situated,

Philip Louis Desgranges (See above for address) TERMINATED: 10/15/2020 ATTORNEY TO BE NOTICED
Sheila Jain (See above for address) ATTORNEY TO BE NOTICED
Taylor Scott Pendergrass (See above for address) TERMINATED: 03/12/2014 ATTORNEY TO BE NOTICED
represented by Daniel Hector Rees LaGuardia (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
John F. Cove Jr. (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Alexis Scott Berkowitz (See above for address) ATTORNEY TO BE NOTICED
Corey Stoughton (See above for address) TERMINATED: 11/17/2015 ATTORNEY TO BE NOTICED
Edward Garth Timlin (See above for address) ATTORNEY TO BE NOTICED
Elizabeth Francoise Johnson (See above for address) ATTORNEY TO BE NOTICED
Erin B. Harrist (See above for address) TERMINATED: 02/03/2020

Plaintiff
Howard Davis TERMINATED: 04/05/2012

ATTORNEY TO BE NOTICED
George B. Adams (See above for address) PRO HAC VICE ATTORNEY TO BE NOTICED
Hanchu Chen (See above for address) TERMINATED: 09/24/2018 ATTORNEY TO BE NOTICED
Melissa Jane Godwin (See above for address) ATTORNEY TO BE NOTICED
Philip Louis Desgranges (See above for address) TERMINATED: 10/15/2020 ATTORNEY TO BE NOTICED
Sheila Jain (See above for address) ATTORNEY TO BE NOTICED
Taylor Scott Pendergrass (See above for address) TERMINATED: 03/12/2014 ATTORNEY TO BE NOTICED
represented by Daniel Hector Rees LaGuardia (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
John F. Cove Jr. (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Alexis Scott Berkowitz (See above for address) ATTORNEY TO BE NOTICED
Corey Stoughton

Plaintiff
Thomas Harper TERMINATED: 04/05/2012

(See above for address) TERMINATED: 11/17/2015 ATTORNEY TO BE NOTICED
Edward Garth Timlin (See above for address) ATTORNEY TO BE NOTICED
Erin B. Harrist (See above for address) TERMINATED: 02/03/2020 ATTORNEY TO BE NOTICED
George B. Adams (See above for address) PRO HAC VICE ATTORNEY TO BE NOTICED
Melissa Jane Godwin (See above for address) ATTORNEY TO BE NOTICED
Philip Louis Desgranges (See above for address) TERMINATED: 10/15/2020 ATTORNEY TO BE NOTICED
Sheila Jain (See above for address) ATTORNEY TO BE NOTICED
Taylor Scott Pendergrass (See above for address) TERMINATED: 03/12/2014 ATTORNEY TO BE NOTICED
represented by Daniel Hector Rees LaGuardia (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
John F. Cove Jr. (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Plaintiff
Daryl Miller TERMINATED: 04/05/2012

Alexis Scott Berkowitz (See above for address) ATTORNEY TO BE NOTICED
Corey Stoughton (See above for address) TERMINATED: 11/17/2015 ATTORNEY TO BE NOTICED
Edward Garth Timlin (See above for address) ATTORNEY TO BE NOTICED
Erin B. Harrist (See above for address) TERMINATED: 02/03/2020 ATTORNEY TO BE NOTICED
George B. Adams (See above for address) PRO HAC VICE ATTORNEY TO BE NOTICED
Melissa Jane Godwin (See above for address) ATTORNEY TO BE NOTICED
Philip Louis Desgranges (See above for address) TERMINATED: 10/15/2020 ATTORNEY TO BE NOTICED
Sheila Jain (See above for address) ATTORNEY TO BE NOTICED
Taylor Scott Pendergrass (See above for address) TERMINATED: 03/12/2014 ATTORNEY TO BE NOTICED
represented by Daniel Hector Rees LaGuardia (See above for address) LEAD ATTORNEY

ATTORNEY TO BE NOTICED
John F. Cove Jr. (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Alexis Scott Berkowitz (See above for address) ATTORNEY TO BE NOTICED
Corey Stoughton (See above for address) TERMINATED: 11/17/2015 ATTORNEY TO BE NOTICED
Edward Garth Timlin (See above for address) ATTORNEY TO BE NOTICED
Erin B. Harrist (See above for address) TERMINATED: 02/03/2020 ATTORNEY TO BE NOTICED
George B. Adams (See above for address) PRO HAC VICE ATTORNEY TO BE NOTICED
Melissa Jane Godwin (See above for address) ATTORNEY TO BE NOTICED
Philip Louis Desgranges (See above for address) TERMINATED: 10/15/2020 ATTORNEY TO BE NOTICED
Sheila Jain (See above for address) ATTORNEY TO BE NOTICED
Taylor Scott Pendergrass (See above for address)

Plaintiff
Dewayne Butler TERMINATED: 04/05/2012

TERMINATED: 03/12/2014 ATTORNEY TO BE NOTICED
represented by Daniel Hector Rees LaGuardia (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
John F. Cove Jr. (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Alexis Scott Berkowitz (See above for address) ATTORNEY TO BE NOTICED
Corey Stoughton (See above for address) TERMINATED: 11/17/2015 ATTORNEY TO BE NOTICED
Edward Garth Timlin (See above for address) ATTORNEY TO BE NOTICED
Erin B. Harrist (See above for address) TERMINATED: 02/03/2020 ATTORNEY TO BE NOTICED
George B. Adams (See above for address) PRO HAC VICE ATTORNEY TO BE NOTICED
Melissa Jane Godwin (See above for address) ATTORNEY TO BE NOTICED
Philip Louis Desgranges (See above for address) TERMINATED: 10/15/2020 ATTORNEY TO BE NOTICED

Plaintiff
Keith King TERMINATED: 04/05/2012

Sheila Jain (See above for address) ATTORNEY TO BE NOTICED
Taylor Scott Pendergrass (See above for address) TERMINATED: 03/12/2014 ATTORNEY TO BE NOTICED
represented by Daniel Hector Rees LaGuardia (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
John F. Cove Jr. (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Alexis Scott Berkowitz (See above for address) ATTORNEY TO BE NOTICED
Corey Stoughton (See above for address) TERMINATED: 11/17/2015 ATTORNEY TO BE NOTICED
Edward Garth Timlin (See above for address) ATTORNEY TO BE NOTICED
Erin B. Harrist (See above for address) TERMINATED: 02/03/2020 ATTORNEY TO BE NOTICED
George B. Adams (See above for address) PRO HAC VICE ATTORNEY TO BE NOTICED
Melissa Jane Godwin (See above for address) ATTORNEY TO BE NOTICED

Plaintiff
Ray Kelly TERMINATED: 04/05/2012

Philip Louis Desgranges (See above for address) TERMINATED: 10/15/2020 ATTORNEY TO BE NOTICED
Sheila Jain (See above for address) ATTORNEY TO BE NOTICED
Taylor Scott Pendergrass (See above for address) TERMINATED: 03/12/2014 ATTORNEY TO BE NOTICED
represented by Daniel Hector Rees LaGuardia (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
John F. Cove Jr. (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Alexis Scott Berkowitz (See above for address) ATTORNEY TO BE NOTICED
Corey Stoughton (See above for address) TERMINATED: 11/17/2015 ATTORNEY TO BE NOTICED
Edward Garth Timlin (See above for address) ATTORNEY TO BE NOTICED
Erin B. Harrist (See above for address) TERMINATED: 02/03/2020 ATTORNEY TO BE NOTICED
George B. Adams (See above for address)

Plaintiff
Clyde Lofton on behalf of himself and all others similarly situated,

PRO HAC VICE ATTORNEY TO BE NOTICED
Melissa Jane Godwin (See above for address) ATTORNEY TO BE NOTICED
Philip Louis Desgranges (See above for address) TERMINATED: 10/15/2020 ATTORNEY TO BE NOTICED
Sheila Jain (See above for address) ATTORNEY TO BE NOTICED
Taylor Scott Pendergrass (See above for address) TERMINATED: 03/12/2014 ATTORNEY TO BE NOTICED
represented by Daniel Hector Rees LaGuardia (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
John F. Cove Jr. (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Alexis Scott Berkowitz (See above for address) ATTORNEY TO BE NOTICED
Corey Stoughton (See above for address) TERMINATED: 11/17/2015 ATTORNEY TO BE NOTICED
Edward Garth Timlin (See above for address) ATTORNEY TO BE NOTICED
Elizabeth Francoise Johnson

Plaintiff
Paul Alver on behalf of himself and all others similarly situated,

(See above for address) ATTORNEY TO BE NOTICED
Erin B. Harrist (See above for address) TERMINATED: 02/03/2020 ATTORNEY TO BE NOTICED
George B. Adams (See above for address) PRO HAC VICE ATTORNEY TO BE NOTICED
Hanchu Chen (See above for address) TERMINATED: 09/24/2018 ATTORNEY TO BE NOTICED
Melissa Jane Godwin (See above for address) ATTORNEY TO BE NOTICED
Philip Louis Desgranges (See above for address) TERMINATED: 10/15/2020 ATTORNEY TO BE NOTICED
Sheila Jain (See above for address) ATTORNEY TO BE NOTICED
Taylor Scott Pendergrass (See above for address) TERMINATED: 03/12/2014 ATTORNEY TO BE NOTICED
represented by Daniel Hector Rees LaGuardia (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
John F. Cove Jr. (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Alexis Scott Berkowitz (See above for address) ATTORNEY TO BE NOTICED
Corey Stoughton (See above for address) TERMINATED: 11/17/2015 ATTORNEY TO BE NOTICED
Edward Garth Timlin (See above for address) ATTORNEY TO BE NOTICED
Elizabeth Francoise Johnson (See above for address) ATTORNEY TO BE NOTICED
Erin B. Harrist (See above for address) TERMINATED: 02/03/2020 ATTORNEY TO BE NOTICED
George B. Adams (See above for address) PRO HAC VICE ATTORNEY TO BE NOTICED
Hanchu Chen (See above for address) TERMINATED: 09/24/2018 ATTORNEY TO BE NOTICED
Melissa Jane Godwin (See above for address) ATTORNEY TO BE NOTICED
Philip Louis Desgranges (See above for address) TERMINATED: 10/15/2020 ATTORNEY TO BE NOTICED
Sheila Jain (See above for address) ATTORNEY TO BE NOTICED

V. Consol Plaintiff Hasheen Mclaurin TERMINATED: 04/05/2012
Consol Plaintiff Andrew Williams TERMINATED: 04/05/2012
Consol Plaintiff Wesley Jones TERMINATED: 04/05/2012

Taylor Scott Pendergrass (See above for address) TERMINATED: 03/12/2014 ATTORNEY TO BE NOTICED
represented by Daniel Hector Rees LaGuardia (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Edward Garth Timlin (See above for address) ATTORNEY TO BE NOTICED
Melissa Jane Godwin (See above for address) ATTORNEY TO BE NOTICED
represented by Daniel Hector Rees LaGuardia (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Edward Garth Timlin (See above for address) ATTORNEY TO BE NOTICED
Melissa Jane Godwin (See above for address) ATTORNEY TO BE NOTICED
represented by Daniel Hector Rees LaGuardia (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Edward Garth Timlin (See above for address) ATTORNEY TO BE NOTICED

Consol Plaintiff Shati Roy TERMINATED: 04/05/2012
Consol Plaintiff Quintelle Hardy TERMINATED: 04/05/2012
Consol Plaintiff Dashaun Sims

Melissa Jane Godwin (See above for address) ATTORNEY TO BE NOTICED
represented by Daniel Hector Rees LaGuardia (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Edward Garth Timlin (See above for address) ATTORNEY TO BE NOTICED
Melissa Jane Godwin (See above for address) ATTORNEY TO BE NOTICED
represented by Daniel Hector Rees LaGuardia (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Edward Garth Timlin (See above for address) ATTORNEY TO BE NOTICED
Melissa Jane Godwin (See above for address) ATTORNEY TO BE NOTICED
represented by Daniel Hector Rees LaGuardia (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Corey Stoughton (See above for address) TERMINATED: 11/17/2015 ATTORNEY TO BE NOTICED
Edward Garth Timlin

Consol Plaintiff Walter Anderson TERMINATED: 04/05/2012
Consol Plaintiff Brendan Abt TERMINATED: 04/05/2012
Consol Plaintiff

(See above for address) ATTORNEY TO BE NOTICED
Elizabeth Francoise Johnson (See above for address) ATTORNEY TO BE NOTICED
Hanchu Chen (See above for address) TERMINATED: 09/24/2018 ATTORNEY TO BE NOTICED
Melissa Jane Godwin (See above for address) ATTORNEY TO BE NOTICED
represented by Daniel Hector Rees LaGuardia (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Edward Garth Timlin (See above for address) ATTORNEY TO BE NOTICED
Melissa Jane Godwin (See above for address) ATTORNEY TO BE NOTICED
represented by Daniel Hector Rees LaGuardia (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Edward Garth Timlin (See above for address) ATTORNEY TO BE NOTICED
Melissa Jane Godwin (See above for address) ATTORNEY TO BE NOTICED

Tariq Burwell TERMINATED: 04/05/2012
Consol Plaintiff Jason Porter TERMINATED: 04/05/2012
Consol Plaintiff Russell Defreitas TERMINATED: 04/05/2012
Consol Plaintiff Roderick K. Williams TERMINATED: 04/05/2012

represented by Daniel Hector Rees LaGuardia (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Edward Garth Timlin (See above for address) ATTORNEY TO BE NOTICED
Melissa Jane Godwin (See above for address) ATTORNEY TO BE NOTICED
represented by Daniel Hector Rees LaGuardia (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Edward Garth Timlin (See above for address) ATTORNEY TO BE NOTICED
Melissa Jane Godwin (See above for address) ATTORNEY TO BE NOTICED
represented by Daniel Hector Rees LaGuardia (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Edward Garth Timlin (See above for address) ATTORNEY TO BE NOTICED
Melissa Jane Godwin (See above for address) ATTORNEY TO BE NOTICED
represented by Daniel Hector Rees LaGuardia (See above for address) LEAD ATTORNEY

Consol Plaintiff Julius A Stephens TERMINATED: 04/05/2012
Consol Plaintiff Michael A. Maffetone TERMINATED: 04/05/2012
Consol Plaintiff Jose Robert DeLeon TERMINATED: 04/05/2012

ATTORNEY TO BE NOTICED
Edward Garth Timlin (See above for address) ATTORNEY TO BE NOTICED
Melissa Jane Godwin (See above for address) ATTORNEY TO BE NOTICED
represented by Daniel Hector Rees LaGuardia (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Edward Garth Timlin (See above for address) ATTORNEY TO BE NOTICED
Melissa Jane Godwin (See above for address) ATTORNEY TO BE NOTICED
represented by Daniel Hector Rees LaGuardia (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Edward Garth Timlin (See above for address) ATTORNEY TO BE NOTICED
Melissa Jane Godwin (See above for address) ATTORNEY TO BE NOTICED
represented by Daniel Hector Rees LaGuardia (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Edward Garth Timlin

Consol Plaintiff Peter D Roman TERMINATED: 04/05/2012
Consol Plaintiff Tremayne R Winfield TERMINATED: 04/05/2012
Consol Plaintiff Jason M. Martin TERMINATED: 04/05/2012

(See above for address) ATTORNEY TO BE NOTICED
Melissa Jane Godwin (See above for address) ATTORNEY TO BE NOTICED
represented by Daniel Hector Rees LaGuardia (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Edward Garth Timlin (See above for address) ATTORNEY TO BE NOTICED
Melissa Jane Godwin (See above for address) ATTORNEY TO BE NOTICED
represented by Daniel Hector Rees LaGuardia (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Edward Garth Timlin (See above for address) ATTORNEY TO BE NOTICED
Melissa Jane Godwin (See above for address) ATTORNEY TO BE NOTICED
represented by Daniel Hector Rees LaGuardia (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Edward Garth Timlin (See above for address) ATTORNEY TO BE NOTICED

Consol Plaintiff Christopher Small TERMINATED: 04/05/2012
Consol Plaintiff Kenneth Joseph Williams TERMINATED: 04/05/2012
Consol Plaintiff Daniel C. Williams TERMINATED: 04/05/2012

Melissa Jane Godwin (See above for address) ATTORNEY TO BE NOTICED
represented by Daniel Hector Rees LaGuardia (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Edward Garth Timlin (See above for address) ATTORNEY TO BE NOTICED
Melissa Jane Godwin (See above for address) ATTORNEY TO BE NOTICED
represented by Daniel Hector Rees LaGuardia (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Edward Garth Timlin (See above for address) ATTORNEY TO BE NOTICED
Melissa Jane Godwin (See above for address) ATTORNEY TO BE NOTICED
represented by Daniel Hector Rees LaGuardia (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Edward Garth Timlin (See above for address) ATTORNEY TO BE NOTICED
Melissa Jane Godwin (See above for address) ATTORNEY TO BE NOTICED

Consol Plaintiff James Pernell TERMINATED: 04/05/2012
Consol Plaintiff Phillip Levar Hollman TERMINATED: 04/05/2012
Consol Plaintiff Samuel T. Dash TERMINATED: 04/05/2012
Consol Plaintiff

represented by Daniel Hector Rees LaGuardia (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Edward Garth Timlin (See above for address) ATTORNEY TO BE NOTICED
Melissa Jane Godwin (See above for address) ATTORNEY TO BE NOTICED
represented by Daniel Hector Rees LaGuardia (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Edward Garth Timlin (See above for address) ATTORNEY TO BE NOTICED
Melissa Jane Godwin (See above for address) ATTORNEY TO BE NOTICED
represented by Daniel Hector Rees LaGuardia (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Edward Garth Timlin (See above for address) ATTORNEY TO BE NOTICED
Melissa Jane Godwin (See above for address) ATTORNEY TO BE NOTICED

Vernon Odom TERMINATED: 04/05/2012
Consol Plaintiff James McGill TERMINATED: 04/05/2012
Consol Plaintiff Ricardo Limage TERMINATED: 04/05/2012
Consol Plaintiff Bryant Sheppard TERMINATED: 04/05/2012

represented by Daniel Hector Rees LaGuardia (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Edward Garth Timlin (See above for address) ATTORNEY TO BE NOTICED
Melissa Jane Godwin (See above for address) ATTORNEY TO BE NOTICED
represented by Daniel Hector Rees LaGuardia (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Edward Garth Timlin (See above for address) ATTORNEY TO BE NOTICED
Melissa Jane Godwin (See above for address) ATTORNEY TO BE NOTICED
represented by Daniel Hector Rees LaGuardia (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Edward Garth Timlin (See above for address) ATTORNEY TO BE NOTICED
Melissa Jane Godwin (See above for address) ATTORNEY TO BE NOTICED
represented by Daniel Hector Rees LaGuardia (See above for address) LEAD ATTORNEY

Consol Plaintiff Kenneth Campbell TERMINATED: 04/05/2012
Consol Plaintiff Pierre Chandler TERMINATED: 04/05/2012
Consol Plaintiff Bernard King TERMINATED: 04/05/2012

ATTORNEY TO BE NOTICED
Edward Garth Timlin (See above for address) ATTORNEY TO BE NOTICED
Melissa Jane Godwin (See above for address) ATTORNEY TO BE NOTICED
represented by Daniel Hector Rees LaGuardia (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Edward Garth Timlin (See above for address) ATTORNEY TO BE NOTICED
Melissa Jane Godwin (See above for address) ATTORNEY TO BE NOTICED
represented by Daniel Hector Rees LaGuardia (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Edward Garth Timlin (See above for address) ATTORNEY TO BE NOTICED
Melissa Jane Godwin (See above for address) ATTORNEY TO BE NOTICED
represented by Daniel Hector Rees LaGuardia (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Edward Garth Timlin

Consol Plaintiff Andrew Bynum TERMINATED: 04/05/2012
Consol Plaintiff Troy C. Wallace TERMINATED: 04/05/2012
Consol Plaintiff Blake Chambers TERMINATED: 04/05/2012

(See above for address) ATTORNEY TO BE NOTICED
Melissa Jane Godwin (See above for address) ATTORNEY TO BE NOTICED
represented by Daniel Hector Rees LaGuardia (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Edward Garth Timlin (See above for address) ATTORNEY TO BE NOTICED
Melissa Jane Godwin (See above for address) ATTORNEY TO BE NOTICED
represented by Daniel Hector Rees LaGuardia (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Edward Garth Timlin (See above for address) ATTORNEY TO BE NOTICED
Melissa Jane Godwin (See above for address) ATTORNEY TO BE NOTICED
represented by Daniel Hector Rees LaGuardia (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Edward Garth Timlin (See above for address) ATTORNEY TO BE NOTICED

Consol Plaintiff Jamie Matthews TERMINATED: 04/05/2012
Consol Plaintiff Frank Cairo TERMINATED: 04/05/2012
Consol Plaintiff Semaj Moore TERMINATED: 04/05/2012

Melissa Jane Godwin (See above for address) ATTORNEY TO BE NOTICED
represented by Daniel Hector Rees LaGuardia (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Edward Garth Timlin (See above for address) ATTORNEY TO BE NOTICED
Melissa Jane Godwin (See above for address) ATTORNEY TO BE NOTICED
represented by Daniel Hector Rees LaGuardia (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Edward Garth Timlin (See above for address) ATTORNEY TO BE NOTICED
Melissa Jane Godwin (See above for address) ATTORNEY TO BE NOTICED
represented by Daniel Hector Rees LaGuardia (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Edward Garth Timlin (See above for address) ATTORNEY TO BE NOTICED
Melissa Jane Godwin (See above for address) ATTORNEY TO BE NOTICED

Consol Plaintiff Marvin Canales TERMINATED: 04/05/2012
Consol Plaintiff Reynaldo De Jesus TERMINATED: 04/05/2012
Consol Plaintiff Jose Diaz Mendoza TERMINATED: 04/05/2012
Consol Plaintiff

represented by Daniel Hector Rees LaGuardia (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Edward Garth Timlin (See above for address) ATTORNEY TO BE NOTICED
Melissa Jane Godwin (See above for address) ATTORNEY TO BE NOTICED
represented by Daniel Hector Rees LaGuardia (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Edward Garth Timlin (See above for address) ATTORNEY TO BE NOTICED
Melissa Jane Godwin (See above for address) ATTORNEY TO BE NOTICED
represented by Daniel Hector Rees LaGuardia (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Edward Garth Timlin (See above for address) ATTORNEY TO BE NOTICED
Melissa Jane Godwin (See above for address) ATTORNEY TO BE NOTICED

Andres Molina TERMINATED: 04/05/2012
Consol Plaintiff Juan Cajamarca TERMINATED: 04/05/2012
Consol Plaintiff Alvaro Guerra TERMINATED: 04/05/2012
Consol Plaintiff Samuel Ramirez TERMINATED: 04/05/2012

represented by Daniel Hector Rees LaGuardia (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Edward Garth Timlin (See above for address) ATTORNEY TO BE NOTICED
Melissa Jane Godwin (See above for address) ATTORNEY TO BE NOTICED
represented by Daniel Hector Rees LaGuardia (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Edward Garth Timlin (See above for address) ATTORNEY TO BE NOTICED
Melissa Jane Godwin (See above for address) ATTORNEY TO BE NOTICED
represented by Daniel Hector Rees LaGuardia (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Edward Garth Timlin (See above for address) ATTORNEY TO BE NOTICED
Melissa Jane Godwin (See above for address) ATTORNEY TO BE NOTICED
represented by Daniel Hector Rees LaGuardia (See above for address) LEAD ATTORNEY

Consol Plaintiff Dwayne Darnell Stewart TERMINATED: 04/05/2012
Consol Plaintiff Ronald Grant TERMINATED: 04/05/2012
Consol Plaintiff Manuel S. Rosales TERMINATED: 04/05/2012

ATTORNEY TO BE NOTICED
Edward Garth Timlin (See above for address) ATTORNEY TO BE NOTICED
Melissa Jane Godwin (See above for address) ATTORNEY TO BE NOTICED
represented by Daniel Hector Rees LaGuardia (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Edward Garth Timlin (See above for address) ATTORNEY TO BE NOTICED
Melissa Jane Godwin (See above for address) ATTORNEY TO BE NOTICED
represented by Daniel Hector Rees LaGuardia (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Edward Garth Timlin (See above for address) ATTORNEY TO BE NOTICED
Melissa Jane Godwin (See above for address) ATTORNEY TO BE NOTICED
represented by Daniel Hector Rees LaGuardia (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Edward Garth Timlin

Consol Plaintiff Elihue C. Crump TERMINATED: 04/05/2012
Consol Plaintiff Dennis Clyde Thomason TERMINATED: 04/05/2012
Consol Plaintiff John Mazzullo TERMINATED: 04/05/2012

(See above for address) ATTORNEY TO BE NOTICED
Melissa Jane Godwin (See above for address) ATTORNEY TO BE NOTICED
represented by Daniel Hector Rees LaGuardia (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Edward Garth Timlin (See above for address) ATTORNEY TO BE NOTICED
Melissa Jane Godwin (See above for address) ATTORNEY TO BE NOTICED
represented by Daniel Hector Rees LaGuardia (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Edward Garth Timlin (See above for address) ATTORNEY TO BE NOTICED
Melissa Jane Godwin (See above for address) ATTORNEY TO BE NOTICED
represented by Daniel Hector Rees LaGuardia (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Edward Garth Timlin (See above for address) ATTORNEY TO BE NOTICED

Consol Plaintiff Gerard Hatch TERMINATED: 04/05/2012
Consol Plaintiff Jarrell Walker TERMINATED: 04/05/2012
Consol Plaintiff Mark A. Harris TERMINATED: 04/05/2012

Melissa Jane Godwin (See above for address) ATTORNEY TO BE NOTICED
represented by Daniel Hector Rees LaGuardia (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Edward Garth Timlin (See above for address) ATTORNEY TO BE NOTICED
Melissa Jane Godwin (See above for address) ATTORNEY TO BE NOTICED
represented by Daniel Hector Rees LaGuardia (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Edward Garth Timlin (See above for address) ATTORNEY TO BE NOTICED
Melissa Jane Godwin (See above for address) ATTORNEY TO BE NOTICED
represented by Daniel Hector Rees LaGuardia (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Edward Garth Timlin (See above for address) ATTORNEY TO BE NOTICED
Melissa Jane Godwin (See above for address) ATTORNEY TO BE NOTICED

Consol Plaintiff Nehemiah Bellamy TERMINATED: 04/05/2012
Consol Plaintiff Harold Owens, Jr. TERMINATED: 04/05/2012
Consol Plaintiff Edward L. Evans TERMINATED: 04/05/2012
Consol Plaintiff

represented by Daniel Hector Rees LaGuardia (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Edward Garth Timlin (See above for address) ATTORNEY TO BE NOTICED
Melissa Jane Godwin (See above for address) ATTORNEY TO BE NOTICED
represented by Daniel Hector Rees LaGuardia (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Edward Garth Timlin (See above for address) ATTORNEY TO BE NOTICED
Melissa Jane Godwin (See above for address) ATTORNEY TO BE NOTICED
represented by Daniel Hector Rees LaGuardia (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Edward Garth Timlin (See above for address) ATTORNEY TO BE NOTICED
Melissa Jane Godwin (See above for address) ATTORNEY TO BE NOTICED

Joseph Hassler TERMINATED: 04/05/2012
Consol Plaintiff Christopher Catalano TERMINATED: 04/05/2012
Consol Plaintiff Harold Jones TERMINATED: 04/05/2012
Consol Plaintiff James T. Johnsen TERMINATED: 04/05/2012

represented by Daniel Hector Rees LaGuardia (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Edward Garth Timlin (See above for address) ATTORNEY TO BE NOTICED
Melissa Jane Godwin (See above for address) ATTORNEY TO BE NOTICED
represented by Daniel Hector Rees LaGuardia (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Edward Garth Timlin (See above for address) ATTORNEY TO BE NOTICED
Melissa Jane Godwin (See above for address) ATTORNEY TO BE NOTICED
represented by Daniel Hector Rees LaGuardia (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Edward Garth Timlin (See above for address) ATTORNEY TO BE NOTICED
Melissa Jane Godwin (See above for address) ATTORNEY TO BE NOTICED
represented by Daniel Hector Rees LaGuardia (See above for address) LEAD ATTORNEY

Consol Plaintiff Richard Jones TERMINATED: 04/05/2012
Consol Plaintiff Fredrick Grace TERMINATED: 04/05/2012
Consol Plaintiff Matthan Dauley TERMINATED: 04/05/2012

ATTORNEY TO BE NOTICED
Edward Garth Timlin (See above for address) ATTORNEY TO BE NOTICED
Melissa Jane Godwin (See above for address) ATTORNEY TO BE NOTICED
represented by Daniel Hector Rees LaGuardia (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Edward Garth Timlin (See above for address) ATTORNEY TO BE NOTICED
Melissa Jane Godwin (See above for address) ATTORNEY TO BE NOTICED
represented by Daniel Hector Rees LaGuardia (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Edward Garth Timlin (See above for address) ATTORNEY TO BE NOTICED
Melissa Jane Godwin (See above for address) ATTORNEY TO BE NOTICED
represented by Daniel Hector Rees LaGuardia (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Edward Garth Timlin

Consol Plaintiff Robert Stewart, Jr. TERMINATED: 04/05/2012
Consol Plaintiff Michael Nieves TERMINATED: 04/05/2012
Consol Plaintiff Noe Martinez TERMINATED: 04/05/2012

(See above for address) ATTORNEY TO BE NOTICED
Melissa Jane Godwin (See above for address) ATTORNEY TO BE NOTICED
represented by Daniel Hector Rees LaGuardia (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Edward Garth Timlin (See above for address) ATTORNEY TO BE NOTICED
Melissa Jane Godwin (See above for address) ATTORNEY TO BE NOTICED
represented by Daniel Hector Rees LaGuardia (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Edward Garth Timlin (See above for address) ATTORNEY TO BE NOTICED
Melissa Jane Godwin (See above for address) ATTORNEY TO BE NOTICED
represented by Daniel Hector Rees LaGuardia (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Edward Garth Timlin (See above for address) ATTORNEY TO BE NOTICED

Consol Plaintiff Tobias Brown TERMINATED: 04/05/2012
Consol Plaintiff Robert Savoia TERMINATED: 04/05/2012
Consol Plaintiff Edward Friend TERMINATED: 04/05/2012

Melissa Jane Godwin (See above for address) ATTORNEY TO BE NOTICED
represented by Daniel Hector Rees LaGuardia (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Edward Garth Timlin (See above for address) ATTORNEY TO BE NOTICED
Melissa Jane Godwin (See above for address) ATTORNEY TO BE NOTICED
represented by Daniel Hector Rees LaGuardia (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Edward Garth Timlin (See above for address) ATTORNEY TO BE NOTICED
Melissa Jane Godwin (See above for address) ATTORNEY TO BE NOTICED
represented by Daniel Hector Rees LaGuardia (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Edward Garth Timlin (See above for address) ATTORNEY TO BE NOTICED
Melissa Jane Godwin (See above for address) ATTORNEY TO BE NOTICED

Consol Plaintiff David Ryan Callender TERMINATED: 04/05/2012
Consol Plaintiff Daryl Cohen TERMINATED: 04/05/2012
Consol Plaintiff Paul D. Champlin TERMINATED: 04/05/2012
Consol Plaintiff

represented by Daniel Hector Rees LaGuardia (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Edward Garth Timlin (See above for address) ATTORNEY TO BE NOTICED
Melissa Jane Godwin (See above for address) ATTORNEY TO BE NOTICED
represented by Daniel Hector Rees LaGuardia (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Edward Garth Timlin (See above for address) ATTORNEY TO BE NOTICED
Melissa Jane Godwin (See above for address) ATTORNEY TO BE NOTICED
represented by Daniel Hector Rees LaGuardia (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Edward Garth Timlin (See above for address) ATTORNEY TO BE NOTICED
Melissa Jane Godwin (See above for address) ATTORNEY TO BE NOTICED

Luis F. Gomez TERMINATED: 04/05/2012
Consol Plaintiff Ramon Ruiz TERMINATED: 04/05/2012
Consol Plaintiff Luis Zhicay TERMINATED: 04/05/2012
Consol Plaintiff Lazaro Bautista TERMINATED: 04/05/2012

represented by Daniel Hector Rees LaGuardia (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Edward Garth Timlin (See above for address) ATTORNEY TO BE NOTICED
Melissa Jane Godwin (See above for address) ATTORNEY TO BE NOTICED
represented by Daniel Hector Rees LaGuardia (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Edward Garth Timlin (See above for address) ATTORNEY TO BE NOTICED
Melissa Jane Godwin (See above for address) ATTORNEY TO BE NOTICED
represented by Daniel Hector Rees LaGuardia (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Edward Garth Timlin (See above for address) ATTORNEY TO BE NOTICED
Melissa Jane Godwin (See above for address) ATTORNEY TO BE NOTICED
represented by Daniel Hector Rees LaGuardia (See above for address) LEAD ATTORNEY

Consol Plaintiff Efrain Delcid TERMINATED: 04/05/2012
Consol Plaintiff Cecilio Fernandez TERMINATED: 04/05/2012
Consol Plaintiff Anthony Jerome Wade TERMINATED: 04/05/2012

ATTORNEY TO BE NOTICED
Edward Garth Timlin (See above for address) ATTORNEY TO BE NOTICED
Melissa Jane Godwin (See above for address) ATTORNEY TO BE NOTICED
represented by Daniel Hector Rees LaGuardia (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Edward Garth Timlin (See above for address) ATTORNEY TO BE NOTICED
Melissa Jane Godwin (See above for address) ATTORNEY TO BE NOTICED
represented by Daniel Hector Rees LaGuardia (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Edward Garth Timlin (See above for address) ATTORNEY TO BE NOTICED
Melissa Jane Godwin (See above for address) ATTORNEY TO BE NOTICED
represented by Daniel Hector Rees LaGuardia (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Edward Garth Timlin

Consol Plaintiff John Martin TERMINATED: 04/05/2012
Consol Plaintiff Marshall Blizzard TERMINATED: 04/05/2012
Consol Plaintiff Winifred Taylor TERMINATED: 04/05/2012

(See above for address) ATTORNEY TO BE NOTICED
Melissa Jane Godwin (See above for address) ATTORNEY TO BE NOTICED
represented by Daniel Hector Rees LaGuardia (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Edward Garth Timlin (See above for address) ATTORNEY TO BE NOTICED
Melissa Jane Godwin (See above for address) ATTORNEY TO BE NOTICED
represented by Daniel Hector Rees LaGuardia (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Edward Garth Timlin (See above for address) ATTORNEY TO BE NOTICED
Melissa Jane Godwin (See above for address) ATTORNEY TO BE NOTICED
represented by Daniel Hector Rees LaGuardia (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Edward Garth Timlin (See above for address) ATTORNEY TO BE NOTICED

Consol Plaintiff Dwayne Cohen TERMINATED: 04/05/2012
Consol Plaintiff John Mula TERMINATED: 04/05/2012
Consol Plaintiff Matthew Edwards TERMINATED: 04/05/2012

Melissa Jane Godwin (See above for address) ATTORNEY TO BE NOTICED
represented by Daniel Hector Rees LaGuardia (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Edward Garth Timlin (See above for address) ATTORNEY TO BE NOTICED
Melissa Jane Godwin (See above for address) ATTORNEY TO BE NOTICED
represented by Daniel Hector Rees LaGuardia (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Edward Garth Timlin (See above for address) ATTORNEY TO BE NOTICED
Melissa Jane Godwin (See above for address) ATTORNEY TO BE NOTICED
represented by Daniel Hector Rees LaGuardia (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Edward Garth Timlin (See above for address) ATTORNEY TO BE NOTICED
Melissa Jane Godwin (See above for address) ATTORNEY TO BE NOTICED

Consol Plaintiff Victor Copelin TERMINATED: 04/05/2012
Consol Plaintiff Juan Miguel Gamble TERMINATED: 04/05/2012
Consol Plaintiff Elijah Harrison TERMINATED: 04/05/2012
Consol Plaintiff

represented by Daniel Hector Rees LaGuardia (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Edward Garth Timlin (See above for address) ATTORNEY TO BE NOTICED
Melissa Jane Godwin (See above for address) ATTORNEY TO BE NOTICED
represented by Daniel Hector Rees LaGuardia (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Edward Garth Timlin (See above for address) ATTORNEY TO BE NOTICED
Melissa Jane Godwin (See above for address) ATTORNEY TO BE NOTICED
represented by Daniel Hector Rees LaGuardia (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Edward Garth Timlin (See above for address) ATTORNEY TO BE NOTICED
Melissa Jane Godwin (See above for address) ATTORNEY TO BE NOTICED

Telford DeSouza TERMINATED: 04/05/2012
Consol Plaintiff Dylan T. Zukoski TERMINATED: 04/05/2012
Consol Plaintiff Michael T. Hartzog TERMINATED: 04/05/2012
Consol Plaintiff Robert Iler TERMINATED: 04/05/2012

represented by Daniel Hector Rees LaGuardia (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Edward Garth Timlin (See above for address) ATTORNEY TO BE NOTICED
Melissa Jane Godwin (See above for address) ATTORNEY TO BE NOTICED
represented by Daniel Hector Rees LaGuardia (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Edward Garth Timlin (See above for address) ATTORNEY TO BE NOTICED
Melissa Jane Godwin (See above for address) ATTORNEY TO BE NOTICED
represented by Daniel Hector Rees LaGuardia (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Edward Garth Timlin (See above for address) ATTORNEY TO BE NOTICED
Melissa Jane Godwin (See above for address) ATTORNEY TO BE NOTICED
represented by Daniel Hector Rees LaGuardia (See above for address) LEAD ATTORNEY

Consol Plaintiff Ronnie Scott, Jr. TERMINATED: 04/05/2012
Consol Plaintiff Louis John Tosini TERMINATED: 04/05/2012
Consol Plaintiff Charles McAllister

ATTORNEY TO BE NOTICED
Edward Garth Timlin (See above for address) ATTORNEY TO BE NOTICED
Melissa Jane Godwin (See above for address) ATTORNEY TO BE NOTICED
represented by Daniel Hector Rees LaGuardia (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Edward Garth Timlin (See above for address) ATTORNEY TO BE NOTICED
Melissa Jane Godwin (See above for address) ATTORNEY TO BE NOTICED
represented by Daniel Hector Rees LaGuardia (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Edward Garth Timlin (See above for address) ATTORNEY TO BE NOTICED
Melissa Jane Godwin (See above for address) ATTORNEY TO BE NOTICED
represented by Daniel Hector Rees LaGuardia (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Edward Garth Timlin

Consol Plaintiff Terrance Legette
Consol Plaintiff Marion Maupin
Consol Plaintiff Brett McCoy
Consol Plaintiff Kevin Lee Benloss
V. Defendant Vincent F. DeMarco in his individual and official capacity,

(See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Melissa Jane Godwin (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Daniel Hector Rees LaGuardia (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Daniel Hector Rees LaGuardia (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Daniel Hector Rees LaGuardia (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Kevin Lee Benloss 20 Maple Place Amityville, NY 11701 PRO SE
represented by Brian C Mitchell Suffolk County Dept. of Law-County Attorney 100 Veterans Memorial Highway P.O. Box 6100 Hauppauge, NY 11788 631-853-4055

Defendant John Doe TERMINATED: 04/05/2012
Defendant Diane Peress Individually and in their official capacity as Superintendent of Suffolk County TERMINATED: 04/05/2012
Defendant Mark Phipps TERMINATED: 04/05/2012
Defendant Charles Raymond McClendon TERMINATED: 04/05/2012
Defendant Nicholas Andrew Cater TERMINATED: 04/05/2012

Fax: 631-853-5833 Email: brian.mitchell@suffolkcountyny.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED Arlene S. Zwilling Suffolk County Attorney P.O. Box 6100 H. Lee Dennison Building-Fifth Floor 100 Veterans Memorial Highway Hauppauge, NY 11788-0099 (631)853-4049 Fax: (631)853-5833 Email: arlene.zwilling@suffolkcountyny.gov ATTORNEY TO BE NOTICED
represented by Daniel Hector Rees LaGuardia (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Defendant Suffolk County
Defendant Joseph T. Caracappa in his individual and official capacity,
Defendant John P. Meyerricks in his individual and official capacity,
V. Consol Defendant

Edward Garth Timlin (See above for address) ATTORNEY TO BE NOTICED
Melissa Jane Godwin (See above for address) ATTORNEY TO BE NOTICED
represented by Arlene S. Zwilling (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Brian C Mitchell (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Arlene S. Zwilling (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Brian C Mitchell (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Arlene S. Zwilling (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Brian C Mitchell (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

T. Hennessy Warden of Suffolk County Jails TERMINATED: 04/05/2012
Consol Defendant Suffolk County Correctional Officers TERMINATED: 04/05/2012
Consol Defendant
Vincent Garaci Medical Officer TERMINATED: 04/05/2012
Consol Defendant John Doe Maintenance Supervisor TERMINATED: 04/05/2012
Consol Defendant Suffolk County Correctional Facility TERMINATED: 04/05/2012
Consol Defendant Suffolk County Correctional Facility Medical Department TERMINATED: 04/05/2012
Consol Defendant
Yaphank Correctional Facility TERMINATED: 04/05/2012
Consol Defendant Superintendent of Suffolk County Jails TERMINATED: 04/05/2012
Consol Defendant Suffolk County Sheriff's Department TERMINATED: 04/05/2012

represented by Arlene S. Zwilling (See above for address) ATTORNEY TO BE NOTICED

Consol Defendant The County of Suffolk
Consol Defendant The Sherrif of Suffolk Cty Consol Defendant The Warden of Yaphank Cor. Fac. Consol Defendant John Doe 1 Consol Defendant John Doe 2 Consol Defendant John Doe 3 Consol Defendant Suffolk County Correctional Facility Yapak CO

represented by Kyle O Wood 200 Vanderbilt Motor Parkway Hauppauge, NY 11788 631-231-1199 Email: kwood@rcgllaw.com LEAD ATTORNEY ATTORNEY TO BE NOTICED

Date Filed 05/27/2011

# Docket Text
1 COMPLAINT against Vincent F. DeMarco, Jane Doe, John Doe Disclosure Statement on Civil Cover Sheet completed -Yes,, filed by Dondi W. Jackson, Mack Butler, Edward Keyes, Jerry Finch, Jr., Ricky Lynch, Jason Cooper, Donald Bangs, Robert Bernhard, Theodore Davis, Damien R. Small, Dallas Johnson, Felipe Rovelo, Adam Williams, Darryl Isaac, Joseph Potter, Jr., Eddie M. Sims, Leroy C. Jones, Kevin M. Massey, Christopher Sydnor, Charles Whidbee. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Notice of Motion, # 4 Prisoner Authorizations for all Pro Se Litigants, # 5 Suffolk County Sheriff's Office Grievance Forms filed by all Pro Se Litigants, # 6 Civil

05/27/2011 05/27/2011 05/27/2011 05/27/2011 05/27/2011 05/27/2011 05/27/2011 05/27/2011 05/27/2011 05/27/2011 05/27/2011 05/27/2011 05/27/2011 05/27/2011 05/27/2011

Cover Sheet, # 7 Letter to/from Pro Se Litigants with Envelope) (Russo, Eric) (Entered: 06/03/2011)
2 MOTION for Leave to Proceed in forma pauperis by Ricky Lynch. (Russo, Eric) (Entered: 06/03/2011)
3 MOTION for Leave to Proceed in forma pauperis by Jerry Finch, Jr.. (Russo, Eric) (Entered: 06/03/2011)
4 MOTION for Leave to Proceed in forma pauperis by Damien R. Small. (Russo, Eric) (Entered: 06/03/2011)
5 MOTION for Leave to Proceed in forma pauperis by Leroy C. Jones. (Russo, Eric) (Entered: 06/03/2011)
6 MOTION for Leave to Proceed in forma pauperis by Charles Whidbee. (Russo, Eric) (Entered: 06/03/2011)
7 MOTION for Leave to Proceed in forma pauperis by Theodore Davis. (Russo, Eric) (Entered: 06/03/2011)
8 MOTION for Leave to Proceed in forma pauperis by Mack Butler. (Russo, Eric) (Entered: 06/03/2011)
9 MOTION for Leave to Proceed in forma pauperis by Eddie M. Sims. (Russo, Eric) (Entered: 06/03/2011)
10 MOTION for Leave to Proceed in forma pauperis by Dallas Johnson. (Russo, Eric) (Entered: 06/03/2011)
11 MOTION for Leave to Proceed in forma pauperis by Christopher Sydnor. (Russo, Eric) (Entered: 06/03/2011)
12 MOTION for Leave to Proceed in forma pauperis by Dondi W. Jackson. (Russo, Eric) (Entered: 06/03/2011)
13 MOTION for Leave to Proceed in forma pauperis by Felipe Rovelo. (Russo, Eric) (Entered: 06/03/2011)
14 MOTION for Leave to Proceed in forma pauperis by Robert Bernhard. (Russo, Eric) (Entered: 06/03/2011)
15 MOTION for Leave to Proceed in forma pauperis by Adam Williams. (Russo, Eric) (Entered: 06/03/2011)
16 MOTION for Leave to Proceed in forma pauperis by Joseph Potter, Jr.. (Russo, Eric) (Entered: 06/03/2011)

05/27/2011 05/27/2011 05/27/2011 05/27/2011 05/27/2011 05/27/2011 06/02/2011
06/06/2011 06/06/2011
06/09/2011 06/10/2011
06/10/2011 06/10/2011

17 MOTION for Leave to Proceed in forma pauperis by Donald Bangs. (Russo, Eric) (Entered: 06/03/2011)
18 MOTION for Leave to Proceed in forma pauperis by Edward Keyes. (Russo, Eric) (Entered: 06/03/2011)
19 MOTION for Leave to Proceed in forma pauperis by Jason Cooper. (Russo, Eric) (Entered: 06/03/2011)
20 MOTION for Leave to Proceed in forma pauperis by Kevin M. Massey. (Russo, Eric) (Entered: 06/03/2011)
21 MOTION for Leave to Proceed in forma pauperis by Darryl Isaac. (Russo, Eric) (Entered: 06/03/2011)
22 Notice of Related Case. (Russo, Eric) (Entered: 06/03/2011)
59 Letter from Damien Small to Clerk's Office undated Re: To advise the Court that Plaintiff was currently transferred to an upstate facility; and to inquire regarding status of this case. (Valle, Christine) (Entered: 06/24/2011)
Case Ineligible for Arbitration (Bollbach, Jean) (Entered: 06/06/2011)
23 Notice of MOTION to Amend/Correct/Supplement 1 Complaint, pursuant to 28:15(d); 20(a) by Ricky Lynch. (Attachments: # 1 Affidavit in Support; # 2 Exhibit A; # 3 Exhibit B) (Valle, Christine) (Entered: 06/09/2011)
24 Letter from C. Vukovich to Pro Se Litigants dated 6/9/11 Re: To acknowledge receipt of Plaintiffs' Civil Complaint. (Valle, Christine) (Entered: 06/09/2011)
ORDER granting 23 Motion to Amend/Correct/Supplement. Plaintiffs' motion to file a supplemental pleading under Rule 15(d) and join additional parties under Rule 20(a) is GRANTED. The Court notes, however, that this motion was unnecessary. Under Rule 15(a), Plaintiffs could have amended their Complaint once without the Court's permission. The Clerk of the Court is directed to: (1) list the newly named Plaintiffs on the Docket Sheet; and (2) serve a copy of this Electronic Order on each named Plaintiff. Ordered by Judge Joanna Seybert on 6/10/2011. (Oslick, Jacob) (Entered: 06/10/2011)
25 MOTION for Leave to Proceed in forma pauperis by Calvin Felder. (Valle, Christine) (Entered: 06/14/2011)
26 Prisoner Authorization as to Calvin Felder. (Valle, Christine) (Entered: 06/14/2011)

06/10/2011 06/10/2011 06/10/2011 06/10/2011 06/10/2011 06/10/2011 06/10/2011 06/10/2011 06/10/2011 06/10/2011 06/10/2011 06/10/2011 06/16/2011
06/16/2011
06/16/2011

27 MOTION for Leave to Proceed in forma pauperis by Andrew Zeigler. (Valle, Christine) (Entered: 06/14/2011)
28 Prisoner Authorization as to Andrew Zeigler. (Valle, Christine) (Entered: 06/14/2011)
29 MOTION for Leave to Proceed in forma pauperis by Chester Ingram. (Valle, Christine) (Entered: 06/14/2011)
30 Prisoner Authorization as to Chester Ingram. (Valle, Christine) (Entered: 06/14/2011)
31 MOTION for Leave to Proceed in forma pauperis by Donnell Stengle. (Valle, Christine) (Entered: 06/14/2011)
32 Prisoner Authorization as to Donnell Stengle. (Valle, Christine) (Entered: 06/14/2011)
33 MOTION for Leave to Proceed in forma pauperis by Kevin King. (Valle, Christine) (Entered: 06/14/2011)
34 Prisoner Authorization as to Kevin King. (Valle, Christine) (Entered: 06/14/2011)
35 MOTION for Leave to Proceed in forma pauperis by Howard Davis. (Valle, Christine) (Entered: 06/14/2011)
36 Prisoner Authorization as to Howard Davis. (Valle, Christine) (Entered: 06/14/2011)
37 MOTION for Leave to Proceed in forma pauperis by Thomas Harper. (Valle, Christine) (Entered: 06/14/2011)
38 Prisoner Authorization as to Thomas Harper. (Valle, Christine) (Entered: 06/14/2011)
39 Mail Returned as Undeliverable - Mail sent to Charles Whidbee received in Clerk's Office on 6/16/11 marked Return to Sender; Not Deliverable as Addressed; Unable to Forward. (Valle, Christine) (Entered: 06/16/2011)
40 Mail Returned as Undeliverable - Mail sent to Theodore Davis received in Clerk's Office on 6/16/11 marked Return to Sender; Not Deliverable as Addressed; Unable to Forward. (Valle, Christine) (Entered: 06/16/2011)
41 Mail Returned as Undeliverable - Mail sent to Darryl Isaac received in Clerk's Office on 6/16/11 marked Return to Sender; Not Deliverable as

06/16/2011 06/16/2011 06/16/2011 06/16/2011 06/16/2011 06/16/2011 06/17/2011 06/17/2011
06/22/2011

Addressed; Unable to Forward. (Valle, Christine) (Entered: 06/16/2011)
42 Mail Returned as Undeliverable - Mail sent to Kevin M. Massey received in Clerk's Office on 6/16/11 marked Return to Sender; Not Deliverable as Addressed; Unable to Forward. (Valle, Christine) (Entered: 06/16/2011)
43 Mail Returned as Undeliverable - Mail sent to Christopher Sydnor received in Clerk's Office on 6/16/11 marked Return to Sender; Not Deliverable as Addressed; Unable to Forward. (Valle, Christine) (Entered: 06/16/2011)
44 Mail Returned as Undeliverable - Mail sent to Damien R. Small received in Clerk's Office on 6/16/11 marked Return to Sender; Not Deliverable as Addressed; Unable to Forward. (Valle, Christine) (Entered: 06/16/2011)
45 Mail Returned as Undeliverable - Mail sent to Joseph Potter, Jr. received in Clerk's Office on 6/16/11 marked Return to Sender; Not Deliverable as Addressed; Unable to Forward. (Valle, Christine) (Entered: 06/16/2011)
46 Mail Returned as Undeliverable - Mail sent to Felipe Rovelo received in Clerk's Office on 6/16/11 marked Return to Sender; Not Deliverable as Addressed; Unable to Forward. (Valle, Christine) (Entered: 06/16/2011)
47 NOTICE of Change of Address by Dallas Johnson. (Valle, Christine) (Entered: 06/17/2011)
48 Letter from Rickey Lynch to Judge Seybert; Judge Lindsay dated 6/15/11 Re: Amended Complaint for class action certification. (Valle, Christine) (Entered: 06/21/2011)
49 AMENDED COMPLAINT against Vincent F. DeMarco, Jane Doe, John Doe, filed by Mack Butler, Jerry Finch, Jr., Howard Davis, Ricky Lynch, Jason Cooper, Donald Bangs, Robert Bernhard, Calvin Felder, Theodore Davis, Donnell Stengle, Andrew Zeigler, Damien R. Small, Felipe Rovelo, Adam Williams, Joseph Potter, Jr., Eddie M. Sims, Kevin M. Massey, Christopher Sydnor, Charles Whidbee. (Valle, Christine) (Entered: 06/21/2011)
50 Mail Returned as Undeliverable - Copy of Electronic Order dated 6/10/11 sent to Damien R. Small, received in Clerk's Office on 6/22/11 marked Return to Sender; Not Deliverable as Addressed; Unable to Forward. (Valle, Christine) (Entered: 06/22/2011)

06/22/2011 06/22/2011 06/22/2011 06/22/2011 06/22/2011 06/22/2011 06/22/2011 06/22/2011 06/22/2011 06/23/2011

51 Mail Returned as Undeliverable - Copy of Electronic Order dated 6/10/11 sent to Theodore Davis, received in Clerk's Office on 6/22/11 marked Return to Sender; Not Deliverable as Addressed; Unable to Forward. (Valle, Christine) (Entered: 06/23/2011)
52 Mail Returned as Undeliverable - Copy of Electronic Order dated 6/10/11 sent to Joseph Potter, received in Clerk's Office on 6/22/11 marked Return to Sender; Not Deliverable as Addressed; Unable to Forward. (Valle, Christine) (Entered: 06/23/2011)
53 Mail Returned as Undeliverable - Copy of Electronic Order dated 6/10/11 sent to Felipe Rovelo, received in Clerk's Office on 6/22/11 marked Return to Sender; Not Deliverable as Addressed; Unable to Forward. (Valle, Christine) (Entered: 06/23/2011)
54 Mail Returned as Undeliverable - Copy of Electronic Order dated 6/10/11 sent to Christopher Sydnor, received in Clerk's Office on 6/22/11 marked Return to Sender; Not Deliverable as Addressed; Unable to Forward. (Valle, Christine) (Entered: 06/23/2011)
55 Mail Returned as Undeliverable - Copy of Electronic Order dated 6/10/11 sent to Charles Whidbee, received in Clerk's Office on 6/22/11 marked Return to Sender; Not Deliverable as Addressed; Unable to Forward. (Valle, Christine) (Entered: 06/23/2011)
56 Mail Returned as Undeliverable - Copy of Electronic Order dated 6/10/11 sent to Calvin Felder, received in Clerk's Office on 6/22/11 marked Return to Sender; Not Deliverable as Addressed; Unable to Forward. (Valle, Christine) (Entered: 06/23/2011)
57 Mail Returned as Undeliverable - Copy of Electronic Order dated 6/10/11 sent to Darryl Isaac, received in Clerk's Office on 6/22/11 marked Return to Sender; Not Deliverable as Addressed; Unable to Forward. (Valle, Christine) (Entered: 06/23/2011)
58 Mail Returned as Undeliverable - Copy of Electronic Order dated 6/10/11 sent to Kevin M. Massey, received in Clerk's Office on 6/22/11 marked Return to Sender; Not Deliverable as Addressed; Unable to Forward. (Valle, Christine) (Entered: 06/23/2011)
60 Letter from Rickey Lynch to Judges Seybert and Lindsay undated Re: To inquire regarding mailings of seven new Plaintiffs. (Valle, Christine) (Entered: 06/24/2011)
62 MEMORANDUM AND ORDER granting 31 Motion for Leave to Proceed in forma pauperis; granting 33 Motion for Leave to Proceed in forma pauperis; granting 35 Motion for Leave to Proceed in forma

06/24/2011 06/27/2011

pauperis; granting 37 Motion for Leave to Proceed in forma pauperis; granting 2 Motion for Leave to Proceed in forma pauperis; granting 3 Motion for Leave to Proceed in forma pauperis; granting 4 Motion for Leave to Proceed in forma pauperis; granting 5 Motion for Leave to Proceed in forma pauperis; granting 6 Motion for Leave to Proceed in forma pauperis; granting 7 Motion for Leave to Proceed in forma pauperis; granting 8 Motion for Leave to Proceed in forma pauperis; granting 9 Motion for Leave to Proceed in forma pauperis; granting 10 Motion for Leave to Proceed in forma pauperis; granting 11 Motion for Leave to Proceed in forma pauperis; granting 12 Motion for Leave to Proceed in forma pauperis; granting 13 Motion for Leave to Proceed in forma pauperis; granting 14 Motion for Leave to Proceed in forma pauperis; granting 15 Motion for Leave to Proceed in forma pauperis; granting 16 Motion for Leave to Proceed in forma pauperis; granting 17 Motion for Leave to Proceed in forma pauperis; granting 18 Motion for Leave to Proceed in forma pauperis; granting 19 Motion for Leave to Proceed in forma pauperis; granting 20 Motion for Leave to Proceed in forma pauperis; granting 21 Motion for Leave to Proceed in forma pauperis; granting 25 Motion for Leave to Proceed in forma pauperis; granting 27 Motion for Leave to Proceed in forma pauperis; granting 29 Motion for Leave to Proceed in forma pauperis For the reasons set forth herein, Plaintiffs' requests to proceed in forma pauperis are GRANTED. Plaintiffs have also moved for certification of their case as a class action. The motion is DENIED. The Clerk of the Court is directed to forward to the United States Marshal for the Eastern District of New York copies of Plaintiffs' Summons, Complaint, and this Order for service upon the Defendants without prepayment of fees. Furthermore, the Clerk must mail a copy of this Order to the Plaintiffs. The Court certifies pursuant to 28 U.S.C. § 1915(a)(3) that any appeal from this Order would not be taken in good faith and therefore in forma pauperis status is denied for the purpose of any appeal. So Ordered by Judge Joanna Seybert on 6/23/11. C/M (Valle, Christine) (Entered: 06/27/2011)
61 Letter from C. Vukovich to Rickey Lynch dated 6/24/11 Re: To advise that the Pro Se Office is in receipt of Plaintiff's letter inquiring about the status of mailings in the above named action; to enclose an updated copy of the docket sheet; and to advise that several mailings have been returned to the Court as undeliverable. (Valle, Christine) (Entered: 06/24/2011)
63 Letter from C. Vukovich to Damien Small dated 6/27/11 Re: To advise that the Pro Se Office is in receipt of Plaintiff's letter; and to enclose an

06/29/2011 06/29/2011
06/30/2011 06/30/2011 06/30/2011 07/01/2011 07/01/2011 07/05/2011 07/05/2011 07/05/2011 07/05/2011

updated copy of the docket sheet. (Valle, Christine) (Entered: 06/28/2011)
64 Letter from Theodore Davis to Clerk of Court dated 6/29/11 Re: To inquire regarding the status of this case. (Valle, Christine) (Entered: 06/30/2011)
65 Letter from C. Vukovich to Theodore Davis dated 6/29/11 Re: To advise that the Pro Se Office is in receipt of Plaintiff's letter; to enclose a copy of the docket sheet, and papers returned to thisCourt as undeliverable; and to advise that Plaintiff's address will be updated. (Valle, Christine) (Entered: 06/30/2011)
Summons Issued as to Vincent F. DeMarco and Suffolk County Attorney (Notice Only). (Glueckert, Lisa) (Entered: 06/30/2011)
67 MOTION for Joinder Pursuant to Rules 20(a) by Ricky Lynch. (Attachments: # 1 Affidavit in Support, # 2 Cover Letter) (Padilla, Kristin) (Entered: 07/05/2011)
82 Letter dated 6/30/2011 from pre se plaintiff Ricky Lynch re: Calvin Felder who is a part of the class action suit, is not receiving mail in regards to this case. He is seeking a copy of the paperwork concerning the above matter. (Padilla, Kristin) (Entered: 07/08/2011)
66 NOTICE of Change of Address by Dallas Johnson. Current address is: Suffolk County Correctional Facility 110 Center Drive Riverhead NY 11901. (Padilla, Kristin) (Entered: 07/05/2011)
68 Mail Returned as Undeliverable. Mail sent to Christopher Sydnor at Suffolk County Correctional Facility 100 Center Drive, Riverhead NY 11901. Return to sender, Discharged. (Padilla, Kristin) (Entered: 07/05/2011)
69 Mail Returned as Undeliverable. Mail sent to Chester Ingram RETURN TO SENDER (Padilla, Kristin) (Entered: 07/06/2011)
70 Mail Returned as Undeliverable. Mail sent to Donnell Stengle RETURN TO SENDER (Padilla, Kristin) (Entered: 07/06/2011)
71 Letter dated 7/5/2011 from Kevin Massey re: I Kevin Massey have been moved back to Colombia CI Annex in Florida to finish my time. I am part of a class action suit and would like to know the status of the case. (Padilla, Kristin) (Entered: 07/06/2011)
72 Letter dated 7/5/2011 from Pro Se Paralegal re: The Pro Se office is in receipt of your letter in which you submit a change of address and

inquire about the status of the above named action. Enclosed please find an updated copy of your docket. (Padilla, Kristin) (Entered: 07/06/2011)

07/05/2011 73 Letter dated 7/5/2011 from Damien Small re: Requesting a copy of the motion that was filed. (Padilla, Kristin) (Entered: 07/06/2011)

07/05/2011

74 Letter dated 7/5/2011 from Pro Se Paralegal re: The Pro Se Office is in receipt of your letter in which you inquire about motions filed in the above named action. Enclosed please find an updated copy of your docket. (Padilla, Kristin) (Entered: 07/06/2011)

07/05/2011

75 NOTICE of Change of Address by Chester Ingram. Correct Address is: Ulster Correctional Facility, P.O. Box 800, Napanoch, NY 12458. (Padilla, Kristin) (Entered: 07/06/2011)

07/05/2011 76 Mail Returned as Undeliverable. Mail sent to Darryl Isaac returned to sender DISCHARGED. (Padilla, Kristin) (Entered: 07/06/2011)

07/05/2011 77 Mail Returned as Undeliverable. Mail sent to Theodore Davis return to sender DISCHARGED. (Padilla, Kristin) (Entered: 07/06/2011)

07/05/2011

78 Mail Returned as Undeliverable. Mail sent to Felipe Rovelo DISCHARGED RETURN TO SENDER. (Padilla, Kristin) (Entered: 07/07/2011)

07/05/2011

79 Mail Returned as Undeliverable. Mail sent to Joseph Potter Jr. DISCHARGED RETURN TO SENDER. (Padilla, Kristin) (Entered: 07/07/2011)

07/05/2011

80 Mail Returned as Undeliverable. Mail sent to Kevin M. Massey DISCHARGED RETURN TO SENDER. (Padilla, Kristin) (Entered: 07/07/2011)

07/05/2011

81 Mail Returned as Undeliverable. Mail sent to Charles Whidbee DISCHARGED RETURN TO SENDER. (Padilla, Kristin) (Entered: 07/07/2011)

07/13/2011 83 NOTICE of Change of Address by Edward Keyes. (Valle, Christine) (Entered: 07/18/2011)

07/14/2011 84 MOTION to Appoint Counsel by Ricky Lynch. (Attachments: # 1 Letter dated 7/7/11) (Valle, Christine) (Entered: 07/18/2011)

07/15/2011

136 NOTICE of Change of Address by Theodore Davis. New Address is: 116A West 10th Street, Huntington Station, NY 11746. Docket has been updated. (Padilla, Kristin) (Entered: 07/25/2011)

07/19/2011 07/19/2011 07/19/2011 07/19/2011 07/20/2011 07/20/2011 07/20/2011 07/20/2011 07/20/2011 07/20/2011 07/20/2011 07/20/2011

85 Letter from County of Suffolk Sheriff's office enclosing Adam William's inmate accounts report. (Attachments: # 1 Receipt) (Brienza, Lauren) (Entered: 07/19/2011)
86 Letter from County of Suffolk Sheriff's office enclosing Mack Butler's Inmate accounts report. (Attachments: # 1 Receipts) (Brienza, Lauren) (Entered: 07/19/2011)
87 Letter from County of Suffolk Sheriff's office enclosing Jerry Finch's inmate accounts report. (Attachments: # 1 Receipts) (Brienza, Lauren) (Entered: 07/19/2011)
88 Letter from County of Suffolk Sheriff's office enclosing Thomas Harper's inmate accounts report. (Attachments: # 1 Receipts) (Brienza, Lauren) (Entered: 07/19/2011)
89 Letter from C. Vukovich to Donald Bangs dated 7/20/11 Re: To enclose a courtesy copy of the Pro Se Manual. (Valle, Christine) (Entered: 07/20/2011)
90 Letter from C. Vukovich to Robert Bernhard dated 7/20/11 Re: To enclose a courtesy copy of the Pro Se Manual. (Valle, Christine) (Entered: 07/20/2011)
91 Letter from C. Vukovich to Mack Butler dated 7/20/11 Re: To enclose a courtesy copy of the Pro Se Manual. (Valle, Christine) (Entered: 07/20/2011)
92 Letter from C. Vukovich to Jason Cooper dated 7/20/11 Re: To enclose a courtesy copy of the Pro Se Manual. (Valle, Christine) (Entered: 07/20/2011)
93 Letter from C. Vukovich to Howard Davis dated 7/20/11 Re: To enclose a courtesy copy of the Pro Se Manual. (Valle, Christine) (Entered: 07/20/2011)
94 Letter from C. Vukovich to Theodore Davis dated 7/20/11 Re: To enclose a courtesy copy of the Pro Se Manual. (Valle, Christine) (Entered: 07/20/2011)
95 Letter from C. Vukovich to Calvin Fedder dated 7/20/11 Re: To enclose a courtesy copy of the Pro Se Manual. (Valle, Christine) (Entered: 07/20/2011)
96 Letter from C. Vukovich to Jerry Finch dated 7/20/11 Re: To enclose a courtesy copy of the Pro Se Manual. (Valle, Christine) (Entered: 07/20/2011)

07/20/2011

97 Letter from C. Vukovich to Thomas Harper dated 7/20/11 Re: To enclose a courtesy copy of the Pro Se Manual. (Valle, Christine) (Entered: 07/20/2011)

07/20/2011

98 Letter from C. Vukovich to Chester Ingram dated 7/20/11 Re: To enclose a courtesy copy of the Pro Se Manual. (Valle, Christine) (Entered: 07/20/2011)

07/20/2011

99 Letter from C. Vukovich to Dondi W. Jackson dated 7/20/11 Re: To enclose a courtesy copy of the Pro Se Manual. (Valle, Christine) (Entered: 07/20/2011)

07/20/2011 100 Letter from C. Vukovich to Dallas Johnson dated 7/20/11 Re: To enclose a courtesy copy of the Pro Se Manual. (Valle, Christine) (Entered: 07/20/2011)

07/20/2011

101 Letter from C. Vukovich to Leroy C. Jones dated 7/20/11 Re: To enclose a courtesy copy of the Pro Se Manual. (Valle, Christine) (Entered: 07/20/2011)

07/20/2011 102 Letter from C. Vukovich to Edward Keyes dated 7/20/11 Re: To enclose a courtesy copy of the Pro Se Manual. (Valle, Christine) (Entered: 07/20/2011)

07/20/2011 103 Letter from C. Vukovich to Kevin King dated 7/20/11 Re: To enclose a courtesy copy of the Pro Se Manual. (Valle, Christine) (Entered: 07/20/2011)

07/20/2011 104 Letter from C. Vukovich to Ricky Lynch dated 7/20/11 Re: To enclose a courtesy copy of the Pro Se Manual. (Valle, Christine) (Entered: 07/20/2011)

07/20/2011 105 Letter from C. Vukovich to Kevin M. Massey dated 7/20/11 Re: To enclose a courtesy copy of the Pro Se Manual. (Valle, Christine) (Entered: 07/20/2011)

07/20/2011

106 Letter from C. Vukovich to Eddie M. Sims dated 7/20/11 Re: To enclose a courtesy copy of the Pro Se Manual. (Valle, Christine) (Entered: 07/20/2011)

07/20/2011 107 Letter from C. Vukovich to Damien R. Small dated 7/20/11 Re: To enclose a courtesy copy of the Pro Se Manual. (Valle, Christine) (Entered: 07/20/2011)

07/20/2011

108 Letter from C. Vukovich to Adam Williams dated 7/20/11 Re: To enclose a courtesy copy of the Pro Se Manual. (Valle, Christine) (Entered: 07/20/2011)

07/20/2011 109 Letter from C. Vukovich to Andrew Zeigler dated 7/20/11 Re: To enclose a courtesy copy of the Pro Se Manual. (Valle, Christine) (Entered: 07/20/2011)

07/20/2011 110 Letter from Suffolk County Sheriff to Clerk of Court dated 7/5/11 Re: Inmate Account Report as to Donnell Stengle. (Valle, Christine) (Entered: 07/21/2011)

07/20/2011 111 PARTIAL FILING FEE: $29.92; Receipt Number: NYEC006937. (Valle, Christine) (Entered: 07/21/2011)

07/20/2011 112 Letter from Suffolk County Sheriff to Clerk of Court dated 7/5/11 Re: Inmate Accounts Report as to Leroy Jones. (Valle, Christine) (Entered: 07/21/2011)

07/20/2011 113 Prisoner Account Statement as to Leroy Jones. (Valle, Christine) (Entered: 07/21/2011)

07/20/2011 114 PARTIAL FILING FEE: $35.00, Receipt Number: NYEC006934; $10.31, Receipt Number: NYEC006935. (Valle, Christine) (Entered: 07/21/2011)

07/20/2011

115 Letter from Suffolk County Sheriff to Clerk of Court dated 7/18/11 Re: Inmate Account Report as to Calvin Felder. (Valle, Christine) (Entered: 07/21/2011)

07/20/2011 116 PARTIAL FILING FEE: $7.77, Receipt Number: NYEC006928; $34.00, Receipt Number: NYEC006929. (Valle, Christine) (Entered: 07/21/2011)

07/20/2011

117 Letter from Suffolk County Sheriff to Clerk of Court dated 7/5/11 Re: Inmate Account Report as to Kevin King. (Valle, Christine) (Entered: 07/21/2011)

07/20/2011 118 PARTIAL FILING FEE: $6.66; Receipt Number: NYEC006930. (Valle, Christine) (Entered: 07/21/2011)

07/20/2011

119 Letter from Suffolk County Sheriff to Clerk of Court dated 7/5/11 Re: Inmate Account Report as to Jason Cooper. (Valle, Christine) (Entered: 07/21/2011)

07/20/2011 120 PARTIAL FILING FEE: $13.44; Receipt Number: NYEC006931. (Valle, Christine) (Entered: 07/21/2011)

07/20/2011

121 Letter from Suffolk County Sheriff to Clerk of Court dated 7/5/11 Re: Inmate Account Report as to Howard Davis. (Valle, Christine) (Entered: 07/21/2011)

07/20/2011 122 PARTIAL FILING FEE: $8.72: Receipt Number: NYEC006936. (Valle, Christine) (Entered: 07/21/2011)

07/20/2011

123 Letter from Suffolk County Sheriff to Clerk of Court dated 7/5/11 Re: Inmate Account Report as to Andrew Zeigler. (Valle, Christine) (Entered: 07/21/2011)

07/20/2011 124 PARTIAL FILING FEE: $34.00, Receipt Number: NYEC006932; $7.26, Receipt Number: NYEC006933. (Valle, Christine) (Entered: 07/21/2011)

07/20/2011 126 Letter from Suffolk County Sheriff to Clerk of Court dated 7/5/11 Re: To advise the Court that the Plaintiff Theodore Davis was discharged from custody on 5/23/11. (Valle, Christine) (Entered: 07/21/2011)

07/20/2011

127 Letter from Suffolk County Sheriff to Clerk of Court dated 7/5/11 Re: To advise the Court that Plaintiff Chester Ingram was discharged from custody on 6/28/11. (Valle, Christine) (Entered: 07/21/2011)

07/20/2011 128 Letter from Suffolk County Sheriff to Clerk of Court dated 7/5/11 Re: To advise the Court that Plaintiff Kevin Massey was discharged from custody on 5/24/11. (Valle, Christine) (Entered: 07/21/2011)

07/20/2011

129 Letter from Suffolk County Sheriff to Clerk of Court dated 7/5/11 Re: To advise the Court that Plaintiff Charles Whidbee was discharged from custody on 5/31/11. (Valle, Christine) (Entered: 07/21/2011)

07/20/2011 130 Letter from Suffolk County Sheriff to Clerk of Court dated 7/5/11 Re: To advise the Court that Plaintiff Darryl Isaac was discharged from custody on 5/20/11. (Valle, Christine) (Entered: 07/21/2011)

07/20/2011

131 Letter from Suffolk County Sheriff to Clerk of Court dated 7/5/11 Re: To advise the Court that Plaintiff Joseph Potter, Jr. was discharged from custody on 5/19/11. (Valle, Christine) (Entered: 07/21/2011)

07/20/2011 132 Letter from Suffolk County Sheriff to Clerk of Court dated 7/5/11 Re: To advise the Court that Plaintiff Felipe Rovelo was discharged from custody on 5/16/11. (Valle, Christine) (Entered: 07/21/2011)

07/20/2011 133 Letter from Suffolk County Sheriff to Clerk of Court dated 7/5/11 Re: To advise the Court that Plaintiff Christopher Sydnor was discharged from custody on 5/27/11. (Valle, Christine) (Entered: 07/21/2011)

07/21/2011 125 Notice of Related Case (McMahon, Carol) (Entered: 07/21/2011)

07/21/2011 135 NOTICE of Change of Address by Edward Keyes. New Address: Ulster Correctional Facility, P.O. Box 800, Napanoch NY 12458.

Address has been updated on the docket. (Padilla, Kristin) (Entered: 07/25/2011)

07/21/2011

137 Letter from Suffolk County Sheriff to Clerk of the Court dated 7/5/2011, filed 7/21/2011 RE: Dallas Johnson's Inmate Account Report Showing his credits for the preceding 6 months, the account currently has a balance of zero dollars and a check cannot be sent at this time. The account will be monitored monthly and as dictated by 28 U.S.C. section 1915(b)the funds will be deducted and forwarded to you until he has met his obligation or is discharged from custody. (Padilla, Kristin) (Entered: 07/25/2011)

07/21/2011

138 Letter from Suffolk County Sheriff to Clerk of the Court dated 7/5/2011 filed on 7/21/2011 re: Dondi Jackson, Inmate Account Report Showing his credits for the preceding 6 months, the account currently has a balance of zero dollars and a check cannot be sent at this time. The account will be monitored monthly and as dictated by 28 U.S.C. section 1915(b)the funds will be deducted and forwarded to you until he has met his obligation or is discharged from custody. (Padilla, Kristin) (Entered: 07/25/2011)

07/21/2011

139 Letter from Suffolk County Sheriff to Clerk of Court dated 7/5/2011 filed 7/21/2011 re: Eddie Sims, Inmate Account Report Showing his credits for the preceding 6 months, the account currently has a balance of zero dollars and a check cannot be sent at this time. The account will be monitored monthly and as dictated by 28 U.S.C. section 1915(b)the funds will be deducted and forwarded to you until he has met his obligation or is discharged from custody. (Padilla, Kristin) (Entered: 07/25/2011)

07/21/2011

140 Letter from Suffolk County Sheriff to Clerk of Court dated 7/5/2011 filed 7/21/2011 re: Ricky Lynch, Inmate Account Report Showing his credits for the preceding 6 months, the account currently has a balance of zero dollars and a check cannot be sent at this time. The account will be monitored monthly and as dictated by 28 U.S.C. section 1915(b)the funds will be deducted and forwarded to you until he has met his obligation or is discharged from custody. (Padilla, Kristin) (Entered: 07/25/2011)

07/21/2011

141 Letter from Suffolk County Sheriff to Clerk of Court dated 7/5/2011 filed 7/21/2011 re: Edward Keyes, Inmate Account Report Showing his credits for the preceding 6 months, the account currently has a balance of zero dollars and a check cannot be sent at this time. The account will be monitored monthly and as dictated by 28 U.S.C. section 1915(b)the funds will be deducted and forwarded to you until he has met his

obligation or is discharged from custody. *DISCHARGED TO ULSTER CO.* (Padilla, Kristin) (Entered: 07/25/2011)

07/21/2011

142 Letter from Suffolk County Sheriff to Clerk of Court dated 7/5/2011 filed 7/21/2011 re: Donald Bangs, Inmate Account Report Showing his credits for the preceding 6 months, the account currently has a balance of zero dollars and a check cannot be sent at this time. The account will be monitored monthly and as dictated by 28 U.S.C. section 1915(b)the funds will be deducted and forwarded to you until he has met his obligation or is discharged from custody. *DISCHARGED TO ULSTER CO.* (Padilla, Kristin) (Entered: 07/25/2011)

07/22/2011

134 NOTICE of Change of Address by Chester Ingram. Current Address: Mohawk Correctional Facility, 6100 School Road, P.O. Box 8451, Rome, NY 13442. Address updated on docket. (Padilla, Kristin) (Entered: 07/25/2011)

07/22/2011 143 SUMMONS Returned Executed by Ricky Lynch. Vincent F. DeMarco served on 7/14/2011, answer due 8/4/2011. Remarks: Out for personal service on 7/7/2011. (Padilla, Kristin) (Entered: 07/25/2011)

07/25/2011

144 Mail Returned as Undeliverable - Copy of Letter dated 6/9/11 sent to Robert Bernhard received in Clerk's Office marked Return to Sender; Not Deliverable as Addressed; Unable to Forward. (Valle, Christine) (Entered: 07/26/2011)

07/25/2011 146 Mail Returned as Undeliverable - Copy of Notice of Electronic Filing sent to Robert Bernhard, received in Clerk's Office on 7/25/11 marked Discharged; Return to Sender. (Valle, Christine) (Entered: 07/27/2011)

07/26/2011 145 Letter MOTION to Dismiss or set a briefing schedule for the proposed Rule 12(b)(6) motion by Vincent F. DeMarco. (Zwilling, Arlene) (Entered: 07/26/2011)

07/27/2011

147 ORDER denying 84 Motion to Appoint Counsel. Plaintiff's application for the appointment of pro bono counsel is denied with leave to renew when the case is ready for trial. So Ordered by Judge Joanna Seybert on 7/27/11. C/M (Valle, Christine) (Entered: 08/02/2011)

07/27/2011 148 NOTICE of Change of Address by Jerry Finch, Jr. New Address 100 Carman Avenue, East Meadow, NY 11554. Updated on docket. (Padilla, Kristin) (Entered: 08/03/2011)

07/27/2011

155 Letter from Rickey Lynch dated 7/23/11 RE: Filing of Amended Complaint. Attachments: # 1 Supplemental Amended Complaint; # 2 IFP Requests, Prisoner Authorizations and Medical Documents; # 3 Exhibit A (Mold). (Valle, Christine) (Entered: 08/09/2011)

07/29/2011

152 ORDER granting in part and denying in part 145 Motion to Dismiss Defendants motion to dismiss is DENIED with leave tore-file after August 30, 2011. Plaintiffs David, Whidbee, Isaac, Potter, Rovelo and Sydnor are ORDERED to provide the Court with an updated address by August 30, 2011. All Plaintiffs are ORDERED to file a copy of the Amended Complaint signed by each of the twenty-seven named Plaintiffs. The Clerk of the Court is directed to mail a copy of this Order and a copy of the Amended Complaint [Docket No. 49] to pro se Plaintiff Ricky Lynch. The Clerk of the Court is also directed to mail a copy of this Order to all pro se Plaintiffs. c/m. Ordered by Judge Joanna Seybert on 7/29/2011. (Padilla, Kristin) (Entered: 08/03/2011)

08/01/2011

153 ORDER The Court is in receipt of Plaintiffs July 28, 2011mailing which contained another sample of mildew and fungus. TheCourt does not have the ability to store and preserve thisevidence; nor is the Court obligated to test or examine it in anyway. The parties are not entitled to submit any evidence to theCourt at this stage of the litigation, and Plaintiffs are herebyORDERED not to submit any additional samples or specimen of anykind to the Court. SO ORDERED. Ordered by Judge Joanna Seybert on 8/1/2011. (Padilla, Kristin) (Entered: 08/03/2011)

08/01/2011 154 NOTICE of Change of Address by Damien R. Small. (Valle, Christine) (Entered: 08/09/2011)

08/02/2011

149 Letter dated 8/2/2011 from Calvin Felder re: Plaintiff states that he has never left Suffolk County Correctional Facility as stated by Assistant County Attorney Arlene Zwilling. Enclosed is a change of address form. (Padilla, Kristin) (Entered: 08/03/2011)

08/02/2011 150 NOTICE of Current address by Calvin Felder. (Padilla, Kristin) (Entered: 08/03/2011)

08/02/2011

151 AFFIRMATION in Opposition re 145 Letter MOTION to Dismiss or set a briefing schedule for the proposed Rule 12(b)(6) motion filed by All Plaintiffs. (Attachments: # 1 Cover Letter) (Padilla, Kristin) (Entered: 08/03/2011)

08/03/2011 163 NOTICE of Change of Address by Donald Bangs. (Valle, Christine) (Entered: 08/10/2011)

08/03/2011

164 Letter from Donnell Stengle to Clerk of Court undated Re: To inquire regarding the status of this case. (Valle, Christine) (Entered: 08/10/2011)

08/03/2011 165 NOTICE of Change of Address by Donnell Stengle. (Valle, Christine) (Entered: 08/10/2011)

08/03/2011 167 Letter from Edward Keyes to Pro Se Office undated Re: To request a copy of the Complaint for Plaintiff's signature. (Valle, Christine) (Entered: 08/11/2011)

08/03/2011 169 Letter from Chester Ingram to Judge Seybert dated 8/1/11 Re: To request that the Court send the necessary complaint forms for Plaintiff's signature. (Valle, Christine) (Entered: 08/11/2011)

08/04/2011

162 Mail Returned as Undeliverable - Copy of Pro Se Manual sent to Donald Bangs received in Clerk's Office on 8/4/11 marked Return to Sender; Discharged. (Valle, Christine) (Entered: 08/10/2011)

08/05/2011 156 Letter from Suffolk County Sheriff to Clerk of Court dated 8/1/11 Re: Inmate Account Report as to Leroy Jones. (Valle, Christine) (Entered: 08/09/2011)

08/05/2011 157 Prisoner Account Statement as to Leroy Jones. (Valle, Christine) (Entered: 08/09/2011)

08/05/2011 158 PARTIAL FILING FEE: $36.00; Receipt Number: NYEC007106. (Valle, Christine) (Entered: 08/09/2011)

08/05/2011

159 Letter from Suffolk County Sheriff to Clerk of Court dated 8/1/11 Re: Inmate Account Report as to Mack Butler. (Valle, Christine) (Entered: 08/09/2011)

08/05/2011 160 Prisoner Account Statement as to Mack Butler. (Valle, Christine) (Entered: 08/09/2011)

08/05/2011 161 PARTIAL FILING FEE: $70.00; Receipt Number: NYEC007108. (Valle, Christine) (Entered: 08/09/2011)

08/05/2011

166 Letter from C. Vukovich to Donnell Stengle dated 8/5/11 Re: To advise that the Pro Se Office is in receipt of Plaintiff's letter; and to enclose an updated copy of the docket sheet. (Valle, Christine) (Entered: 08/10/2011)

08/08/2011 171 Prisoner Account Statement as to Dondi Jackson. (Valle, Christine) (Entered: 08/11/2011)

08/08/2011 172 PARTIAL FILING FEE: $18.00; Receipt Number: NYEC007132. (Valle, Christine) (Entered: 08/11/2011)

08/08/2011 173 Prisoner Account Statement as to Jerry Finch. (Valle, Christine) (Entered: 08/11/2011)

08/08/2011 174 Prisoner Account Statement as to Andrew Zeigler. (Valle, Christine) (Entered: 08/11/2011)

08/08/2011 175 PARTIAL FILING FEE: $37.00; Receipt Number: NYEC007130. (Valle, Christine) (Entered: 08/11/2011)

08/08/2011 176 Prisoner Account Statement as to Howard Davis. (Valle, Christine) (Entered: 08/11/2011)

08/08/2011 177 PARTIAL FILING FEE: $3.00; Receipt Number: NYEC007129. (Valle, Christine) (Entered: 08/11/2011)

08/08/2011

178 Mail Returned as Undeliverable - Copy of Order dated 7/29/11 sent to Joseph Potter, Jr. received in Clerk's Office on 8/8/11 marked Return to Sender; Discharged. (Valle, Christine) (Entered: 08/11/2011)

08/08/2011 179 Mail Returned as Undeliverable - Copy of Order dated 7/29/11 sent to Darryl Isaac received in Clerk's Office on 8/8/11 marked Return to Sender; Discharged. (Valle, Christine) (Entered: 08/11/2011)

08/08/2011

180 Mail Returned as Undeliverable - Copy of Order dated 7/29/11 sent to Donald Bangs received in Clerk's Office on 8/8/11 marked Return to Sender; Discharged. (Valle, Christine) (Entered: 08/11/2011)

08/08/2011 181 Mail Returned as Undeliverable - Copy of 7/29/11 Order sent to Robert Bernhard received in Clerk's Office on 8/8/11 marked Return to Sender; Discharged. (Valle, Christine) (Entered: 08/11/2011)

08/08/2011 182 Mail Returned as Undeliverable - Copy of 7/29/11 Order sent to Felipe Rovelo received in Clerk's Office on 8/8/11 marked Return to Sender; Discharged. (Valle, Christine) (Entered: 08/11/2011)

08/08/2011 183 Mail Returned as Undeliverable - Copy of 7/29/11 Order sent to Donnell Stengle received in Clerk's Office on 8/8/11 marked Return to Sender; Discharged. (Valle, Christine) (Entered: 08/11/2011)

08/08/2011 184 Mail Returned as Undeliverable - Copy of Order dated 7/29/11 sent to Charles Whidbee received in Clerk's Office on 8/8/11 marked Return to Sender; Discharged. (Valle, Christine) (Entered: 08/11/2011)

08/08/2011

185 Mail Returned as Undeliverable - Copy of Order dated 7/29/11 sent to Christopher Sydnor received in Clerk's Office on 8/8/11 marked Return to Sender; Discharged. (Valle, Christine) (Entered: 08/11/2011)

08/08/2011 197 Letter from Damien R. Small to Pro Se Office undated Re: To inquire regarding signing the amended complaint and regarding an individual action. (Valle, Christine) (Entered: 08/12/2011)

08/09/2011

186 PARTIAL FILING FEE: $21.00, Receipt Number: NYEC007143; $24.00, Receipt Number: NYEC007142. (Valle, Christine) (Entered: 08/11/2011)

08/09/2011 187 Prisoner Account Statement as to Jason Cooper. (Valle, Christine) (Entered: 08/11/2011)

08/09/2011

188 Letter from Dallas Johnson to United States District Court dated 8/8/11 Re: To request that the Court send a copy of the Amended Complaint for Plaintiff's signature. (Valle, Christine) (Entered: 08/11/2011)

08/09/2011

190 Letter from Rickey Lynch to Judge Seybert dated 8/7/11 Re: To enclose the Amended Complaint signed by the remaining twelve Plaintiffs Pro Se as requested. Attachments: # 1 Amended Complaint. (Valle, Christine) (Entered: 08/11/2011)

08/09/2011 191 Notice of MOTION for Reconsideration pursuant to Rule 60 of the Federal Rules of Civil Procedure, by Ricky Lynch. (Valle, Christine) (Entered: 08/11/2011)

08/09/2011

192 Notice of MOTION for Reconsideration pursuant to Rule 60 of the Federal Rules of Civil Procedure, by Calvin Felder. (Valle, Christine) (Entered: 08/11/2011)

08/09/2011 193 Notice of MOTION for Reconsideration pursuant to Rule 60 of the Federal Rules of Civil Procedure, by Leroy C. Jones. (Valle, Christine) (Entered: 08/11/2011)

08/09/2011 194 Notice of MOTION for Reconsideration pursuant to Rule 60 of the Federal Rules of Civil Procedure, by Jason Cooper. (Valle, Christine) (Entered: 08/11/2011)

08/09/2011 205 PROCESS RECEIPT AND RETURN Re: SUMMONS Returned Executed by Ricky Lynch. Suffolk County Attorney (Notice Only) served on 8/1/11. (Valle, Christine) (Entered: 08/19/2011)

08/10/2011

168 Letter from C. Vukovich to Edward Keyes dated 8/10/11 Re: To advise that the Pro Se Office is in receipt of Plaintiff's letter; and to advise that neither the Court nor the Pro Se Office can act as an intermediary between parties. (Valle, Christine) (Entered: 08/11/2011)

08/10/2011

170 Letter from C. Vukovich to Chester Ingram dated 8/10/11 Re: To advise that the Pro Se Office is in receipt of Plaintiff's letter; and to advise that neither the Court nor the Pro Se Office can act as an intermediary between parties. (Valle, Christine) (Entered: 08/11/2011)

08/10/2011

189 Letter from C. Vukovich to Dallas Johnson dated 8/10/11 Re: To advise that the Pro Se Office is in receipt of Plaintiff's letter; and to advise that neither the Court nor the Pro Se Office can act as an intermediary between parties. (Valle, Christine) (Entered: 08/11/2011)

08/10/2011 195 Letter from Robert Bernhard to Pro Se Office undated Re: To notify the Court of Plaintiff's new address. (Valle, Christine) (Entered: 08/11/2011)

08/10/2011 196 Letter from Darryl Isaac to United States District Court dated 8/9/11 Re: To notify the Court of Plaintiff's change of address. (Valle, Christine) (Entered: 08/11/2011)

08/11/2011

198 Letter from C. Vukovich to Damien Small dated 8/11/11 Re: To advise that the Pro Se Office is in receipt of Plaintiff's letter; to advise that neither the Court nor the Pro Se Office can act as an intermediary between parties; that it is Plaintiff's responsibility to coordinate with coplaintiffs to sign the amended complaint; and that Rule 41 of the Federal Rules of Civil Procedure addresses voluntarily dismissal of an action. (Valle, Christine) (Entered: 08/12/2011)

08/15/2011

199 RESPONSE to Motion re 194 Notice of MOTION for Reconsideration pursuant to Rule 60 of the Federal Rules of Civil Procedure, filed by Vincent F. DeMarco. (Zwilling, Arlene) (Entered: 08/15/2011)

08/15/2011 200 Letter denying plaintiffs' letter request to amend the complaint by Vincent F. DeMarco (Zwilling, Arlene) (Entered: 08/15/2011)

08/15/2011 206 Letter from Theodor Davis to United States District Court undated Re: To advise the Court of Plaintiff's change of address. (Valle, Christine) (Entered: 08/24/2011)

08/15/2011 207 NOTICE of Change of Address by Theodore Davis. (Valle, Christine) (Entered: 08/24/2011)

08/15/2011 208 NOTICE of Change of Address by Eddie M. Sims. (Valle, Christine) (Entered: 08/24/2011)

08/16/2011 202 NOTICE of Change of Address by Jerry Finch, Jr. (Valle, Christine) (Entered: 08/19/2011)

08/17/2011

201 Letter dtd. 8/17/11 from pro se office to plaintiff RE: in response to your request for copies of ducments. Enclosed is your docket sheet and see document full text. (Bollbach, Jean) (Entered: 08/18/2011)

08/17/2011

203 Letter from Felipe Rovelo to Judge Seybert dated 8/10/11 Re: To advise the Court of Plaintiff's address change; that Plaintiff wishes to proceed pro se in this matter; to request copies of documents; and to seek permission to correspond with all Plaintiffs in this matter. (Valle, Christine) (Entered: 08/19/2011)

08/17/2011

204 Letter from C. Vukovich to Felipe Rovelo dated 8/17/11 Re: To advise that the Court is in receipt of Plaintiff's letter; to enclose a copy of the docket sheet; and to advise that neither the Court nor the Pro Se office can act as an intermediary. (Valle, Christine) (Entered: 08/19/2011)

08/18/2011

209 Letter from Edward Keyes dated 8/15/11 Re: To enclose a copy of the Amended Complaint with Plaintiff's signature; and to advise that Ulster would not let Plaintiff correspond with Co-Plaintiff Rickey Lynch. Attachments: # 1 Ulster Correctional Facility Memorandum; # 2 Amended Complaint. (Valle, Christine) (Entered: 08/24/2011)

08/22/2011 210 Letter MOTION for Extension of Time to File signed Amended Complaint by Damien R. Small. (Valle, Christine) (Entered: 08/24/2011)

08/22/2011

211 Letter from Damien R. Small to Judge Joanna Seybert dated 8/15/11 Re: To request an extension of time to sign the amended complaint; and to request that the Court or the Pro Se Clerk's Office forward a copy of the amended complaint to Plaintiff. (Valle, Christine) (Entered: 08/24/2011)

08/22/2011

212 Letter from Edward Keyes to Clerk of Court dated 8/17/11 Re: To request that the Court send back copy of Plaintiff's amended complaint; and to advise the Court of Plaintiff's new address. (Valle, Christine) (Entered: 08/24/2011)

08/22/2011 213 Letter REPLY in Opposition Re: 200 Letter; 199 Response to Motion filed by Ricky Lynch. (Valle, Christine) (Entered: 08/30/2011)

08/24/2011

222 Letter from Andrew Zeigler to Judge Seybert dated 8/22/11 Re: Proposed briefing schedule in opposition to Defendant's motion to dismiss. (Valle, Christine) (Entered: 09/09/2011)

08/26/2011

214 Letter from Donnell Stengle to Clerk of Court dated 8/22/11 Re: To enclose the signed Amended Complaint; to request to be informed of Plaintiff's obligations; and to request a copy of the Pro Se Manual. (Attachments: # 1 Signed Amended Complaint. (Valle, Christine) (Entered: 08/30/2011)

08/26/2011 215 Letter from Leroy Jones to Judge Seybert dated 8/25/11 Re: Pursuant to Court Order regarding proposed briefing schedule. (Valle, Christine) (Entered: 08/30/2011)

08/26/2011 216 Letter from Calvin Felder to Judge Seybert dated 8/25/11 Re: Pursuant to Court Order regarding proposed briefing schedule. (Valle, Christine) (Entered: 08/30/2011)

08/26/2011 223 Letter from Jason Cooper to Judge Seybert dated 8/25/11 Re: Proposed briefing schedule in opposition to Defendant's motion to dismiss. (Valle, Christine) (Entered: 09/09/2011)

08/26/2011 224 Letter from Jerry Finch to Judge Seybert dated 8/25/11 Re: Proposed briefing schedule in opposition to Defendant's motion to dismiss. (Valle, Christine) (Entered: 09/09/2011)

08/26/2011

225 Letter from Rickey Lynch to Judge Seybert dated 8/25/11 Re: Proposed briefing schedule regarding opposition to Defendant's motion to dismiss. (Valle, Christine) (Entered: 09/09/2011)

08/29/2011 218 NOTICE Re: Signed Amended Complaint as to Damien R. Small. (Valle, Christine) (Entered: 09/01/2011)

08/29/2011

219 Letter from Dallas Johnson to Clerk of Court dated 8/17/11 Re: To advise that Plaintiff was unable to sign the amended complaint; and to submit herein Plaintiff's signature for same. (Valle, Christine) (Entered: 09/01/2011)

08/30/2011

217 ORDER granting in part and denying in part 210 Motion for Extension of Time to File. The Court is in receipt of Plaintiff Damien Small's letter dated August 15, 2011 (Docket Nos. 210, 211) requesting (i) an extension of time to file a signed copy of the Amended Complaint and (ii) that the Clerk's Office forward him a copy of the Amended Complaint. Plaintiff Small's request for an extension of time to file a signed copy of the Amended Complaint is GRANTED. All Plaintiffs, not just Mr. Small, are hereby granted an additional thirty 30 days to sign the Amended Complaint. Any Plaintiff who fails to sign the Amended Complaint by September 30, 2011 will be dismissed from this action. Additionally, Plaintiff Small's request for a copy of the Amended Complaint is DENIED. The Clerk of the Court is directed to mail copies of this Order to the pro se Plaintiffs. So Ordered by Judge Joanna Seybert on 8/30/2011. C/M; C/ECF (Valle, Christine) (Entered: 08/30/2011)

08/30/2011 220 AFFIRMATION OF SERVICE by Dallas Johnson Re: 219 Letter. (Valle, Christine) (Entered: 09/01/2011)

08/31/2011

221 Letter from Chester Ingram to Judge Seybert dated 8/26/11 Re: To enclose a copy of the amended complaint with Plaintiff's signature in compliance with the Court's Order dated 7/29/11. Attachments: # 1 Signed Amended Complaint. (Valle, Christine) (Entered: 09/01/2011)

09/01/2011 226 Letter from Damien R. Small to C. Vukovich undated Re: To request an updated copy of the docket sheet; and to inquire if the signed

amended complaint was received. (Valle, Christine) (Entered: 09/09/2011)

09/06/2011

227 Letter from C. Vukovich to Damien R. Small dated 9/6/11 Re: To enclose an updated copy of the docket sheet. (Valle, Christine) (Entered: 09/09/2011)

09/06/2011 228 NOTICE of Change of Address by Jerry Finch, Jr. (Valle, Christine) (Entered: 09/09/2011)

09/07/2011

229 Mail Returned as Undeliverable - Copy of 217 Order sent to Christopher Sydnor received in Clerk's Office on 9/7/11 marked Discharged; Return to Sender. (Valle, Christine) (Entered: 09/09/2011)

09/07/2011 230 Mail Returned as Undeliverable - Copy of 217 Order sent to Charles Whidbee received in Clerk's Office on 9/7/11 marked Discharged; Return to Sender. (Valle, Christine) (Entered: 09/09/2011)

09/07/2011 231 Mail Returned as Undeliverable - Copy of 217 Order sent to Joseph Potter, Jr. received in Clerk's Office on 9/7/11 marked Discharged; Return to Sender. (Valle, Christine) (Entered: 09/09/2011)

09/08/2011

232 Mail Returned as Undeliverable - Copy of 217 Order sent to Dondi W. Jackson received in Clerk's Office on 9/8/11 marked Return to Sender; Attempted Not Known; Unable to Forward. (Valle, Christine) (Entered: 09/09/2011)

09/08/2011 233 Mail Returned as Undeliverable - Copy of 217 Order sent to Jerry Finch, Jr. received in Clerk's Office on 9/8/11 marked Discharged; Return to Sender. (Valle, Christine) (Entered: 09/09/2011)

09/08/2011

235 Letter from Donnell Stengle to Pro Se Clerk/Clerk of Court dated 9/4/11 Re: To request to be informed if Plaintiff's copy of the Amended Complaint has been received and approved. (Valle, Christine) (Entered: 09/15/2011)

09/09/2011

234 Letter requesting that all new plaintiffs be consolidated under the primary action by Vincent F. DeMarco (Zwilling, Arlene) (Entered: 09/09/2011)

09/13/2011

236 Letter from C. Vukovich to Donnell Stengle dated 9/13/11 Re: To enclose an updated copy of the docket entry which indicates that Plaintiff's signed copy of the amended complaint was filed on 8/26/11. (Valle, Christine) (Entered: 09/15/2011)

09/15/2011 237 Letter from Jerry Finch, Jr. to Court Clerk dated 9/12/11 Re: To advise the Court of Plaintiff's change of address; and to inquire regarding the status of this case. (Valle, Christine) (Entered: 09/21/2011)

09/21/2011

238 Letter from C. Vukovich to Pro Se Litigant Dallas Johnson dated 9/21/11 Re: Enclosed affirmation of service is being returned without docketing for the following reason(s): The amended complaint was not attached, as indicated on the affirmation of service. (Valle, Christine) (Entered: 09/22/2011)

09/22/2011

239 Letter from C. Vukovich to Pro Se Litigant Kevin M. Massey dated 9/22/11 Re: Enclosed papers are being returned without consideration or docketing for the following reason(s): Papers cannot be filed without indicating that they have been served on all parties in this action or their attorneys. (Valle, Christine) (Entered: 09/22/2011)

09/22/2011

240 Letter from C. Vukovich to Jerry Finch dated 9/22/11 Re: To advise that the Pro Se Office is in receipt of Plaintiff's letter dated 9/12/11; and to enclose an updated copy of your docket. (Valle, Christine) (Entered: 09/22/2011)

09/26/2011

242 Letter from Donald Bangs to Pro Se Office dated 9/21/11 Re: To request a copy of the Amended Complaint to be signed and returned to the Court. (Valle, Christine) (Entered: 10/06/2011)

09/30/2011

241 Letter from Andrew Zeigler to Justice Seybert dated 9/27/11 Re: Pursuant to Court Order dated 7/29/11, to enclose a signed copy of the Amended Complaint. Attachments: # 1 Signed Amended Complaint; # 2 Affirmation of Service. (Valle, Christine) (Entered: 10/05/2011)

10/05/2011

243 Letter from C. Vukovich to Donald Bangs dated 10/5/11 Re: To advise that the Court is in receipt of Plaintiff's letter requesting a copy of the Amended Complaint for the above-named action; and that copies are billed at $.50 per page for a total fee of $4.50. (Valle, Christine) (Entered: 10/06/2011)

10/07/2011

244 MEMORANDUM AND ORDER granting 67 Motion for Joinder; denying 191 Motion for Reconsideration; denying 192 Motion for Reconsideration; denying 193 Motion for Reconsideration; denying 194 Motion for Reconsideration. For the foregoing reasons, the Court GRANTS Plaintiffs' motion for joinder, and ORDERS Daryl Miller, Dewayne Butler, Keith King and Ray Kelly to file a signed copy of the Amended Complaint by November 18, 2011; DENIES Plaintiff's request to join seven additional Plaintiffs in a "Supplemental Amended Complaint;" GRANTS Dallas Johnson, Theodore Davis, Felipe Rovelo, Robert Bernhard, Donald Bangs and Kevin Massey an extension to November 18, 2011 to file a signed copy of the Amended

Complaint; DISMISSES Charles Whidbee, Christopher Sydnor, Joseph Potter, Jr., and Dondi Jackson as Plaintiffs; and DENIES the pending motions for reconsideration. The time for Defendants to Answer or otherwise respond to the Amended Complaint is hereby extended to November 28, 2011. The Clerk of the Court is directed to mail a copy of this Memorandum and Order to each of the pro se Plaintiffs. So Ordered by Judge Joanna Seybert on 10/7/11. C/M; C/ECF (Valle, Christine) (Entered: 10/11/2011)

10/07/2011 245 NOTICE Re: Signed Amended Complaint as to Dallas Johnson. Attachments: # 1 Affirmation of Service. (Valle, Christine) (Entered: 10/18/2011)

10/14/2011 251 Letter from Damien Small to Court Clerk undated Re: To inquire regarding status of this case. (Valle, Christine) (Entered: 10/21/2011)

10/17/2011 246 Letter from Dallas Johnson to C. Vukovich dated 10/15/11 Re: Signed Amended Complaint. (Valle, Christine) (Entered: 10/19/2011)

10/17/2011

247 Letter from C. Vukovich to Dallas Johnson dated 10/17/11 Re: To advise that the Court is in receipt of Plaintiff's letter dated 10/15/11 requesting a copy of the amended complaint for the above named case. (Valle, Christine) (Entered: 10/19/2011)

10/18/2011 248 Mail Returned as Undeliverable - Copy of 244 Memorandum & Order sent to Howard Davis, received in Clerk's Office on 10/18/11 marked Return to Sender; Housed Out. (Valle, Christine) (Entered: 10/19/2011)

10/18/2011

249 Mail Returned as Undeliverable - Copy of 244 Memorandum & Order sent to Dondi W. Jackson, received in Clerk's Office on 10/18/11 marked Return to Sender; Housed Out; Nassau County. (Valle, Christine) (Entered: 10/19/2011)

10/18/2011 250 NOTICE Re: Signed Amended Complaint as to Robert C. Bernhard. (Valle, Christine) (Entered: 10/19/2011)

10/19/2011

252 Letter from C. Vukovich to Damien Small dated 10/19/11 Re: To enclose an updated copy of the docket sheet. (Valle, Christine) (Entered: 10/21/2011)

10/20/2011 253 Mail Returned as Undeliverable - Copy of 244 Memorandum & Order sent to Ray Kelly, received in Clerk's Office on 10/20/11 marked Discharged; Return to Sender. (Valle, Christine) (Entered: 10/21/2011)

10/20/2011 254 Mail Returned as Undeliverable - Copy of 244 Memorandum & Order sent to Joseph Potter, Jr., received in Clerk's Office on 10/20/11 marked Discharged; Return to Sender. (Valle, Christine) (Entered: 10/21/2011)

10/20/2011

255 Mail Returned as Undeliverable - Copy of 244 Memorandum & Order sent to Christopher Sydnor, received in Clerk's Office on 10/20/11 marked Discharged; Return to Sender. (Valle, Christine) (Entered: 10/21/2011)

10/20/2011 256 Mail Returned as Undeliverable - Copy of 244 Memorandum & Order sent to Charles Whidbee, received in Clerk's Office on 10/20/11 marked Discharged; Return to Sender. (Valle, Christine) (Entered: 10/21/2011)

10/20/2011

257 Mail Returned as Undeliverable - Copy of 244 Memorandum & Order sent to Adam Williams, received in Clerk's Office on 10/20/11 marked Discharged; Return to Sender. (Valle, Christine) (Entered: 10/21/2011)

10/20/2011

258 Letter from Daryl Miller; Dewayne Butler to Clerk of Court dated 10/17/11 Re: To enclose a signed copy of the Amended Complaint as ordered. Attachments: # 1 Signed Amended Complaint. (Valle, Christine) (Entered: 10/28/2011)

10/20/2011 260 Letter from Keith King to Pro Se Office dated 10/18/11 Re: To enclose a copy of signed Amended Complaint. Attachments: # 1 Signed Amended Complaint. (Valle, Christine) (Entered: 10/28/2011)

10/21/2011

259 Letter from Jerry Finch, Jr. to Pro Se Office dated 10/18/11 Re: To advise the Court of Plaintiff's change of address. (Valle, Christine) (Entered: 10/28/2011)

10/25/2011 261 NOTICE of Change of Address by Dallas Johnson. (Valle, Christine) (Entered: 10/28/2011)

10/26/2011

262 Mail Returned as Undeliverable - Copy of Letter dated 10/17/11 sent to Dallas Johnson, received in Clerk's Office on 10/26/11, marked Discharged; Return to Sender. (Valle, Christine) (Entered: 10/31/2011)

10/26/2011 263 Mail Returned as Undeliverable - Copy of 244 Memorandum & Order sent to Donnell Stengle, received in Clerk's Office on 10/26/11 marked Return to Sender; Released. (Valle, Christine) (Entered: 10/31/2011)

10/26/2011

264 Letter from Felipe Rovelo to Pro Se Office dated 10/17/11 Re: To request a copy of the Amended Complaint (Docket Entry 49) and to enclose a check in the amount of $4.50 for payment of copy. (Valle, Christine) (Entered: 10/31/2011)

10/26/2011

265 Letter from C. Vukovich to Felipe Rovelo dated 10/26/11 Re: In response to Plaintiff's request for a copy of the Amended Complaint; and to enclose copies of the requested document. (Valle, Christine) (Entered: 10/31/2011)

10/26/2011 266 NOTICE of Change of Address by Leroy C. Jones. (Valle, Christine) (Entered: 11/01/2011)

10/26/2011 267 NOTICE of Change of Address by Donnell Stengle. (Valle, Christine) (Entered: 11/01/2011)

10/27/2011 270 Letter from Dallas Johnson undated Re: Request for copy of the Amended Complaint. (Valle, Christine) (Entered: 11/03/2011)

10/28/2011 271 NOTICE of Change of Address by Jerry Finch, Jr. (Valle, Christine) (Entered: 11/03/2011)

10/28/2011 272 NOTICE of Change of Address by Ricky Lynch. (Valle, Christine) (Entered: 11/04/2011)

10/28/2011 273 Letter from Adam William to District Court dated 10/3/11 Re: To advise the Court of Plaintiff's change of address. (Valle, Christine) (Entered: 11/04/2011)

10/31/2011

268 Letter from C. Vukovich to Dallas Johnson dated 10/31/11 Re: In response to Plaintiff's request for a copy of the Amended Complaint; and to enclose copies of the requested document. (Valle, Christine) (Entered: 11/01/2011)

10/31/2011

269 Letter from C. Vukovich to Dallas Johnson dated 10/31/11 Re: Enclosed request for a copy of the amended complaint, and postal money order are being returned for the following reason(s): Request is duplicative. Payment of $4.50 was received on 10/27/11 and the copy was forwarded to Plaintiff's new address on 10/31/11. (Valle, Christine) (Entered: 11/01/2011)

10/31/2011

274 Letter from Dewayne Butler to Pro Se Office dated 10/27/11 Re: To advise the Court of Plaintiff's change of address. (Valle, Christine) (Entered: 11/04/2011)

10/31/2011 275 NOTICE of Change of Address by Thomas Harper. (Valle, Christine) (Entered: 11/04/2011)

11/01/2011

279 Letter from C. Vukovich to Pro Se Litigant dated 11/1/11 Re: Enclosed change of address is being returned without docketing for the following reason(s): Pursuant to the October 7, 2011 Order of Hon. Joanna Seybert, you are dismissed from this action. (Valle, Christine) (Entered: 11/10/2011)

11/03/2011 277 Letter from Felipe Rovelo to Pro Se Office dated 10/31/11 Re: To enclose for filing a signed copy of the Amended Complaint.

Attachments: # 1 Signed Amended Complaint. (Valle, Christine) (Entered: 11/07/2011)

11/04/2011

276 Letter from Donald Bangs to Pro Se Office undated Re: To request a copy of the Amended Complaint for signature. (Valle, Christine) (Entered: 11/04/2011)

11/04/2011

ELECTRONIC ORDER re 276 Letter. The Court is in receipt of Plaintiff Donald Bangs request for a waiver of the $4.50 fee to obtain a copy of the Amended Complaint. The Court finds that Mr. Bangs has sufficiently shown that he is unable to pay the $4.50 and therefore GRANTS Mr. Bangs' request for a waiver. See 28 U.S.C. s 1915. The Clerk of the Court is directed to mail a copy of the Amended Complaint 49 to pro se Plaintiff Donald Bangs. Ordered by Judge Joanna Seybert on 11/4/2011. (Karneeb, Kelly) (Entered: 11/04/2011)

11/04/2011 278 Letter from Adam Williams to USDC undated Re: To advise the Court of Plaintiff's change of address. (Valle, Christine) (Entered: 11/07/2011)

11/04/2011 281 Letter from Daryl Miller to Pro Se Office undated Re: Amended Complaint. (Valle, Christine) (Entered: 11/17/2011)

11/10/2011

282 Letter from C. Vukovich to Daryl Miller dated 11/10/11 Re: To advise that the Pro Se Office is in receipt of Plaintiff's letter; and to enclose a copy of the docket entry indicating that Plaintiff's filing was received by the Court. (Valle, Christine) (Entered: 11/17/2011)

11/14/2011 283 NOTICE of Change of Address by Howard Davis. (Valle, Christine) (Entered: 11/17/2011)

11/14/2011 284 NOTICE Re: Signed Amended Complaint by Dallas Johnson. Attachments: # 1 Affidavit of Service. (Valle, Christine) (Entered: 11/17/2011)

11/14/2011 285 AFFIRMATION of Service Re: 284 Notice of Signed Amended Complaint by Dallas Johnson (Valle, Christine) (Entered: 11/17/2011)

11/15/2011

280 MEMORANDUM AND ORDER - The Court sua sponte directs that the County of Suffolk provide the Court in writing with a list of those Plaintiffs that are pre-conviction, if any, together with the identities of their respective criminal defense counsel. Such information shall be provided to the Court within two (2) weeks of the date of this Order. The Clerk of the Court is directed to mail a copy of this Order to the Plaintiffs. The Court certifies pursuant to 28 U.S.C. § 1915(a)(3) that any appeal from this Order would not be taken in good faith and therefore in forma pauperis status is denied for the purpose of any

appeal. So Ordered by Judge Joanna Seybert on 11/15/11. C/M; C/ECF (Valle, Christine) (Entered: 11/16/2011)

11/18/2011

292 Letter from Leroy Jones to U.S. Courthouse undated Re: To inform the Court of Plaintiff's change of address. (Valle, Christine) (Entered: 11/28/2011)

11/18/2011

293 Letter from Damien R. Small to U.S. District Court undated Re: To inform the Court of Plaintiff's change of address; to request a letter from the Judge to prison regarding correspondence with Co-Plaintiff Lynch; and to request an updated docket sheet. (Valle, Christine) (Entered: 11/28/2011)

11/21/2011

Magistrate Judge Gary R. Brown added. Magistrate Judge Arlene R. Lindsay no longer assigned to case. (Gapinski, Michele) (Entered: 11/21/2011)

11/21/2011 287 Letter from Donald Bangs to Pro Se Office undated Re: To enclose a money order for Plaintiff's copy of the Amended Complaint. (Valle, Christine) (Entered: 11/22/2011)

11/21/2011

288 Letter from S. Carine to Pro Se Litigant dated 11/21/11 Re: Check #75684 returned for the reason set forth herein. (Valle, Christine) (Entered: 11/22/2011)

11/21/2011

289 Mail Returned as Undeliverable - Copy of 280 Memorandum & Order sent to Donnell Stengle, received in Clerk's Office on 11/21/11 marked Return to Sender; Not Deliverable as Addressed; Unable to Forward. (Valle, Christine) (Entered: 11/22/2011)

11/22/2011

286 MEMORANDUM AND ORDER - The Court finds that the appointment of pro bono counsel is warranted pursuant to 28 U.S.C. § 1915(e)(1). Accordingly, the Court's Pro Se Office is directed to seek the appointment of pro bono counsel for Plaintiffs forthwith. The Clerk of the Court is directed to mail a copy of this Order to the Plaintiffs. The Court certifies pursuant to 28 U.S.C. § 1915(a)(3) that any appeal from this Order would not be taken in good faith and therefore in forma pauperis status is denied for the purpose of any appeal. So Ordered by Judge Joanna Seybert on 11/22/11. C/M; C/ECF (Valle, Christine) (Entered: 11/22/2011)

11/23/2011 294 NOTICE of Change of Address by Leroy C. Jones. (Valle, Christine) (Entered: 11/28/2011)

11/28/2011 290 Letter MOTION for Extension of Time to File Answer by Vincent F. DeMarco. (Zwilling, Arlene) (Entered: 11/28/2011)

11/28/2011 291 Letter pursuant to the Court's Memorandum and Order of November 15, 2011 by Vincent F. DeMarco (Zwilling, Arlene) (Entered: 11/28/2011)

11/28/2011 295 Mail Returned as Undeliverable - Copy of 286 Memorandum & Order sent to Dewayne Butler, received in Clerk's Office on 11/28/11 marked Return to Sender; Discharged. (Valle, Christine) (Entered: 11/29/2011)

11/28/2011

296 Mail Returned as Undeliverable - Copy of 280 Memorandum & Order sent to Thomas Harper, received in Clerk's Office on 11/28/11 marked Return to Sender; Attempted Not Known; Unable to Forward. (Valle, Christine) (Entered: 11/29/2011)

11/28/2011

297 Mail Returned as Undeliverable - Copy of 286 Memorandum & Order sent to Donnell Stengle, received in Clerk's Office on 11/28/11 marked Return to Sender; Not Deliverable as Addressed; Unable to Forward. (Valle, Christine) (Entered: 11/29/2011)

11/28/2011

298 Mail Returned as Undeliverable - Copy of 280 Memorandum & Order sent to Jason Cooper, received in Clerk's Office on 11/28/11 marked Return to Sender; Not Deliverable as Addressed; Unable to Forward. (Valle, Christine) (Entered: 12/01/2011)

11/28/2011

299 Mail Returned as Undeliverable - Copy of 280 Memorandum & Order sent to Ray Kelly, received in Clerk's Office on 11/28/11 marked Return to Sender; Not Deliverable as Addressed; Unable to Forward. (Valle, Christine) (Entered: 12/01/2011)

11/28/2011

301 NOTICE of Change of Address by Ricky Lynch. (Mahon, Cinthia) (Main Document 301 replaced on 12/6/2011) (Mahon, Cinthia). (Entered: 12/05/2011)

11/28/2011

302 Letter from Jason Cooper to Clerk dated 11-25-11 re: I did not receive a copy of the last memorandum of proceeding for my case 11cv2602 that was mailed to all plaintiffs. My address is currently back at Riverhead Correctional Faility. Can the clerk please resend any proceeding back to my present address. (Mahon, Cinthia) (Entered: 12/05/2011)

11/28/2011 303 NOTICE of Change of Address by Jason Cooper. (Mahon, Cinthia) (Entered: 12/05/2011)

11/28/2011 304 NOTICE of Change of Address by Thomas Harper. (Mahon, Cinthia) (Entered: 12/05/2011)

11/28/2011 314 Mail Returned as Undeliverable. Mail sent to Jason Cooper - returned not deliverable unable to forward says to resend to Nassau County (Bollbach, Jean) (Entered: 12/06/2011)

11/30/2011 305 Letter endorsed on Memorandum to Donald Bangs dated 10/5/11 re: I did everything as told, I just need to sign. (Mahon, Cinthia) (Entered: 12/05/2011)

11/30/2011

306 Memorandum from Pro Se Office to Donald Bangs dated 11/30/11 re: In response to your inquiries: a copy of the Amended Complaint was mailed to you on 11/4/11 pursuant to the order of Hon. Joanna Seybert; On 11/21/11, a money order for $4.50 was returned to you because it could not be deposited as written; Enclosed please find an additional copy of the Amended Complaint, pursuant to the 11/4/11 Order. (Mahon, Cinthia) (Entered: 12/05/2011)

11/30/2011

307 Letter from Donald Bangs undated re: I still have not received a copy of the Amended Complaint so that I can sign and send back as ordered. (THIS LETTER WAS RESPONDED TO BY THE #306 ENTRY) (Mahon, Cinthia) (Entered: 12/05/2011)

11/30/2011 308 NOTICE of Change of Address by Donnell Stengle. (Mahon, Cinthia) (Entered: 12/05/2011)

12/01/2011 300 Notice of Related Case (McMahon, Carol) (Entered: 12/01/2011)

12/01/2011 309 NOTICE of Change of Address by Calvin Felder. (Mahon, Cinthia) (Entered: 12/05/2011)

12/02/2011 313 NOTICE of Change of address to Ogdensburg Correctional Facility One Correction Way Ogdensburg NY 13669-2288 by Dallas Johnson (Bollbach, Jean) (Entered: 12/06/2011)

12/05/2011

ELECTRONIC ORDER granting in part and denying in part 290 Motion for Extension of Time to Answer. Defendants' request for an extension of time to answer the Amended Complaint is GRANTED. However, Defendants' request that the time to answer be extended until ten days after court-appointed counsel amends the Amended Complaint is DENIED. Rather, Defendants must answer or otherwise appear on or before January 3, 2012. Counsel for Defendants is directed to mail a copy of this Electronic Order to the pro se Plaintiffs. Ordered by Judge Joanna Seybert on 12/5/2011. (Karneeb, Kelly) (Entered: 12/05/2011)

12/05/2011

310 NOTICE of Appearance by Daniel Hector Rees LaGuardia on behalf of All Plaintiffs (aty to be noticed) (LaGuardia, Daniel) (Entered: 12/05/2011)

12/05/2011 311 NOTICE of Appearance by Melissa Jane Godwin on behalf of All Plaintiffs (aty to be noticed) (Godwin, Melissa) (Entered: 12/05/2011)

12/05/2011 312 NOTICE of Appearance by Edward Garth Timlin on behalf of All Plaintiffs (aty to be noticed) (Timlin, Edward) (Entered: 12/05/2011)

12/05/2011

315 Letter from Daryl Miller to Clerk of Court dated 12/1/11 Re: Opposition to Defendants' request for an extension of time. (Valle, Christine) (Entered: 12/07/2011)

12/05/2011

317 Mail Returned as Undeliverable - Copy of 286 Memorandum & Order sent to Calvin Felder, received in Clerk's Office on 12/5/11, marked Return to Sender; Not Deliverable as Addressed; Unable to Forward; Discharged. (Valle, Christine) (Entered: 12/08/2011)

12/05/2011

318 Mail Returned as Undeliverable - Copy of 286 Memorandum & Order sent to Ray Kelly, received in Clerk's Office on 12/5/11, marked Return to Sender; Not Deliverable as Addressed; Unable to Forward; Discharged. (Valle, Christine) (Entered: 12/08/2011)

12/08/2011 316 NOTICE of Hearing: Status Conference set for 1/5/2012 at 3:00pm in Courtroom 1030 before Judge Joanna Seybert. (Baran, Charles) (Entered: 12/08/2011)

12/12/2011

ELECTRONIC ORDER. In light of the conference scheduled for January 5, 2012, the Court hereby extends Defendants' time to answer the Amended Complaint. The Court will set a new deadline for answering the Amended Complaint at the January 5 conference. Ordered by Judge Joanna Seybert on 12/12/2011. (Karneeb, Kelly) (Entered: 12/12/2011)

12/12/2011 319 NOTICE of Change of Address by Dewayne Butler. (Valle, Christine) (Entered: 12/13/2011)

12/14/2011

320 Mail Returned as Undeliverable - Copy of Memorandum & Order sent to Jason Cooper, received in Clerk's Office on 12/14/11 marked Return to Sender; Not Deliverable as Addressed; Unable to Forward. (Valle, Christine) (Entered: 12/15/2011)

12/15/2011

321 Letter from Pro Se Office to Donald Bangs dated 12/15/11 Re: Enclosed signed amended complaint is being returned without docketing for the following reason(s): Our records indicate that you are represented by an attorney; as such, you may not file papers or communicate directly with the Court. (Valle, Christine) (Entered: 12/16/2011)

12/28/2011 322 Notice of Related Case (McMahon, Carol) (Entered: 12/28/2011)

01/04/2012 323 MOTION to Adjourn Conference /Joint letter addressed to the Honorable Joanna Seybert from counsels for plaintiffs and defendants,

requesting and adjournment of the status conference scheduled this Thursday, January 5, 2012, at 3:30 p.m. by Donald Bangs, Robert Bernhard, Dewayne Butler, Mack Butler, Jason Cooper, Howard Davis, Theodore Davis, Vincent F. DeMarco, Jane Doe, John Doe, Calvin Felder, Jerry Finch, Jr., Thomas Harper, Chester Ingram, Darryl Isaac, Dondi W. Jackson, Dallas Johnson, Leroy C. Jones, Ray Kelly, Edward Keyes, Keith King, Kevin King, Ricky Lynch, Kevin M. Massey, Daryl Miller, Joseph Potter, Jr., Felipe Rovelo, Eddie M. Sims, Damien R. Small, Donnell Stengle, Christopher Sydnor, Charles Whidbee, Adam Williams, Andrew Zeigler. (Timlin, Edward) (Entered: 01/04/2012)

01/05/2012

ELECTRONIC ORDER granting in part and denying in part 323 Motion to Adjourn Conference. Plaintiffs' request to adjourn the conference is DENIED. However, the Court GRANTS Plaintiffs' request to appear telephonically. Plaintiffs are hereby ORDERED to initiate a call to chambers at 3:00PM today. Ordered by Judge Joanna Seybert on 1/5/2012. (Karneeb, Kelly) (Entered: 01/05/2012)

01/05/2012

324 Minute Entry for proceedings held before Judge Joanna Seybert: Telephone Conference held on 1/5/2012. Plaintiffs' counsel to file an amended complaint by 3/5/2012 encompassing all claims on related cases soon to be consolidated into this case. (Court Reporter PA) (Baran, Charles) (Entered: 01/05/2012)

01/10/2012

325 Mail Returned as Undeliverable - Copy of 286 Memorandum & Order sent to Kevin M. Massey, received in Clerk's Office on 1/10/12 marked Return to Sender; Attempted Not Known; Unable to Forward. (Valle, Christine) (Entered: 01/10/2012)

01/12/2012

326 Mail Returned as Undeliverable - Copy of 28 Memorandum & Order sent to Kevin M. Massey, received in Clerk's Office on 1/12/12 marked Return to Sender; Attempted Not Known; Unable to Forward. (Valle, Christine) (Entered: 01/13/2012)

01/20/2012

328 Letter from C. Vukovich to Rickey Lynch dated 1/20/12 Re: In response to Plaintiff's letter dated January 7, 2012; and to advise that counsel has been appointed for the action bearing the docket number 11-CV-2602(JS) (GRB). (Valle, Christine) (Entered: 01/30/2012)

01/23/2012

327 ORDER - For the foregoing reasons, Defendants' motions to consolidate are GRANTED, and it is hereby: ORDERED that the fiftynine (59) above-captioned actions be consolidated for all purposes, to proceed under the lead case, 11-CV-2602. Accordingly, the Clerk of the Court is directed to (i) consolidate these actions, and (ii) mark all of the member cases closed. All future filings are to be docketed in the lead case, 11-CV-2602. It is further ORDERED that Shearman & Sterling LLP's appointment as pro bono counsel to the Plaintiffs in 11-CV-2602

is extended to all Plaintiffs in the Consolidated Action. ORDERED that Shearman & Sterling LLP file a Consolidated Amended Complaint on behalf of the Consolidated Plaintiffs by March 5, 2012; Amended Pleadings due by 3/5/2012. ORDERED that when a pro se action which relates to the subject matter of the Consolidated Action is hereafter filed in this Court, the Clerk of the Court shall: Assign each subsequently filed action a new case number to proceed before the undersigned and Magistrate Judge Gary R. Brown; Docket this Order in each NewlyFiled Action; Consolidate each Newly-Filed Action with the Consolidated Action and make an appropriate entry on the Consolidated Action's docket so indicating; Mail a copy of the Complaint in each Newly-Filed Action to counsel for the Consolidated Plaintiffs; Mail a copy of this Order (and, for any Newly-Filed Action commenced after the Consolidated Amended Complaint is filed, a copy of the Consolidated Amended Complaint) to the Plaintiff in the NewlyFiled Action; Administratively close each Newly-Filed Action. ORDERED that any claims raised in a Newly-Filed Action that are not raised in the Consolidated Amended Complaint shall be severed. ORDERED that any pending applications for in forma pauperis status and for the appointment of counsel filed in Newly- Filed Actions commenced after the filing of the Consolidated Amended Complaint shall be denied without prejudice as moot with leave to renew if and when the cases are reopened. ORDERED that any Plaintiff-in any of the above-captioned actions or in a Newly-Filed Action--who does not wish to proceed as part of the Consolidated Action must so indicate in a letter to the Court within thirty (30) days of receiving a copy of this Order. ORDERED that counsel for Plaintiffs mail a copy of this Order to each of the Consolidated Plaintiffs. So Ordered by Judge Joanna Seybert on 1/23/12. C/ECF (Valle, Christine) Modified file date on 2/8/2012 (Mahon, Cinthia). (Entered: 01/24/2012)

01/23/2012

Case Consolidated. (Mahon, Cinthia) (Entered: 01/27/2012)

01/26/2012 329 NOTICE of Change of Address by James Pernell. (Valle, Christine) (Entered: 02/01/2012)

01/27/2012 330 NOTICE of Change of Address by Ronald Grant. (Valle, Christine) (Entered: 02/01/2012)

02/09/2012 331 Notice of Related Case (Russo, Eric) (Entered: 02/14/2012)

02/16/2012 332 Notice of Related Case (Russo, Eric) (Entered: 02/21/2012)

03/02/2012

333 MOTION for Extension of Time to File /Letter to Judge Seybert Requesting Extension of Time to File Consolidated Amended Complaint by Brendan Abt, Paul Thomas Alver, Walter Anderson, Donald Bangs, Lazaro Bautista, Nehemiah Bellamy, Robert Bernhard,

Marshall Blizzard, Tobias Brown, Tariq Burwell, Dewayne Butler, Mack Butler, Andrew Bynum, Frank Cairo, Juan Cajamarca, David Ryan Callender, Kenneth Campbell, Marvin Canales, Christopher Catalano, Blake Chambers, Paul D. Champlin, Pierre Chandler, Daryl Cohen, Dwayne Cohen, Jason Cooper, Victor Copelin, Elihue C. Crump, Samuel T. Dash, Matthan Dauley, Howard Davis, Theodore Davis, Reynaldo De Jesus, Jose Robert DeLeon, Telford DeSouza, Russell Defreitas, Efrain Delcid, Matthew Edwards, Edward L. Evans, Calvin Felder, Cecilio Fernandez, Jerry Finch, Jr., Edward Friend, Juan Miguel Gamble, Luis F. Gomez, Fredrick Grace, Ronald Grant, Alvaro Guerra, Quintelle Hardy, Thomas Harper, Mark A. Harris, Elijah Harrison, Joseph Hassler, Gerard Hatch, Phillip Levar Hollman, Chester Ingram, Darryl Isaac, Dondi W. Jackson, James T. Johnsen, Dallas Johnson, Harold Jones, Leroy C. Jones, Richard Jones, Wesley Jones, Ray Kelly, Edward Keyes, Bernard King, Keith King, Kevin King, Ricardo Limage, Clyde Lofton, Ricky Lynch, Michael A. Maffetone, Jason M. Martin, John Martin, Noe Martinez, Kevin M. Massey, Jamie Matthews, John Mazzullo, James McGill, Hasheen Mclaurin, Jose Diaz Mendoza, Daryl Miller, Andres Molina, Semaj Moore, John Mula, Michael Nieves, Vernon Odom, Harold Owens, Jr., James Pernell, Jason Porter, Joseph Potter, Jr., Samuel Ramirez, Peter D Roman, Manuel S. Rosales, Felipe Rovelo, Shati Roy, Ramon Ruiz, Robert Savoia, Bryant Sheppard, Dashaun Sims, Eddie M. Sims, Christopher Small, Damien R. Small, Donnell Stengle, Julius A Stephens, Dwayne Darnell Stewart, Robert Stewart, Jr., Christopher Sydnor, Winifred Taylor, Dennis Clyde Thomason, Anthony Jerome Wade, Jarrell Walker, Troy C. Wallace, Charles Whidbee, Adam Williams, Andrew Williams, Daniel C. Williams, Kenneth Joseph Williams, Roderick K. Williams, Tremayne R Winfield, Andrew Zeigler, Luis Zhicay. (Godwin, Melissa) (Entered: 03/02/2012)

03/05/2012

ELECTRONIC ORDER granting 333 Motion for Extension of Time to File. On consent, Plaintiffs' request for an extension of time to file their Consolidated Amended Complaint is GRANTED. The deadline for filing is hereby extended to April 5, 2012. Ordered by Judge Joanna Seybert on 3/5/2012. (Karneeb, Kelly) (Entered: 03/05/2012)

04/05/2012

334 AMENDED COMPLAINT /Consolidated Amended Class Action Complaint against Nicholas Andrew Cater, County of Suffolk, Vincent F. DeMarco, Jane Doe, John Doe, John Doe, Vincent Garaci, T. Hennessy, Charles Raymond McClendon, Mark Phipps, Suffolk County Correctional Facility, Suffolk County Correctional Facility Medical Department, Suffolk County Correctional Officers, Suffolk County Sheriff's Department, Superintendent of Suffolk County Jails, Yaphank Correctional Facility, Joseph T. Caracappa, John P Meyerricks, filed by Frank Cairo, Jarrell Walker, Semaj Moore, Peter D

Roman, Jason Cooper, Troy C. Wallace, Donald Bangs, Russell Defreitas, Wesley Jones, Chester Ingram, Dashaun Sims, Edward L. Evans, Darryl Isaac, Quintelle Hardy, Dondi W. Jackson, Dwayne Darnell Stewart, Roderick K. Williams, Dwayne Cohen, Shati Roy, John Martin, Joseph Potter, Jr., Cecilio Fernandez, Julius A Stephens, Lazaro Bautista, Nehemiah Bellamy, Daryl Miller, Kevin King, Juan Miguel Gamble, Robert Stewart, Jr., Paul Thomas Alver, Jason M. Martin, Kenneth Campbell, John Mazzullo, Edward Keyes, Jerry Finch, Jr., Ronald Grant, Michael Nieves, Robert Savoia, Calvin Felder, Blake Chambers, Adam Williams, Reynaldo De Jesus, Luis Zhicay, Bernard King, Ray Kelly, Tobias Brown, Mark A. Harris, Winifred Taylor, Christopher Catalano, Andrew Williams, Harold Owens, Jr., James Pernell, Victor Copelin, Jose Robert DeLeon, Vernon Odom, Andres Molina, Brendan Abt, Eddie M. Sims, Clyde Lofton, Jason Porter, Paul D. Champlin, Elihue C. Crump, Christopher Small, Charles Whidbee, Samuel Ramirez, Mack Butler, Matthew Edwards, Bryant Sheppard, John Mula, Tremayne R Winfield, Jose Diaz Mendoza, Kenneth Joseph Williams, Andrew Bynum, Walter Anderson, Christopher Sydnor, Harold Jones, Phillip Levar Hollman, Noe Martinez, Daryl Cohen, Alvaro Guerra, Howard Davis, Anthony Jerome Wade, Dewayne Butler, Ramon Ruiz, Felipe Rovelo, Elijah Harrison, Fredrick Grace, Kevin M. Massey, Efrain Delcid, Edward Friend, Jamie Matthews, Juan Cajamarca, Ricky Lynch, Thomas Harper, Luis F. Gomez, Marshall Blizzard, Ricardo Limage, Robert Iler, Hasheen Mclaurin, Louis John Tosini, Andrew Zeigler, Richard Jones, Matthan Dauley, Samuel T. Dash, Telford DeSouza, James McGill, Joseph Hassler, Michael A. Maffetone, Manuel S. Rosales, Michael T. Hartzog, David Ryan Callender, Keith King, Tariq Burwell, Gerard Hatch, Robert Bernhard, James T. Johnsen, Marvin Canales, Theodore Davis, Ronnie Scott, Jr, Donnell Stengle, Damien R. Small, Dallas Johnson, Pierre Chandler, Dylan T. Zukoski, Leroy C. Jones, Dennis Clyde Thomason, Daniel C. Williams. (LaGuardia, Daniel) (Entered: 04/05/2012)

04/05/2012

AMENDED Summons Issued as to Joseph T. Caracappa, Vincent F. DeMarco, John P Meyerricks. (Guzzi, Roseann) (Entered: 04/05/2012)

04/12/2012

335 STIPULATION re 334 Amended Complaint,,,,,,,,,, by Joseph T. Caracappa, Vincent F. DeMarco, John P. Meyerricks, Suffolk County (Attachments: # 1 Proposed Order extending time to answer Complaint) (Zwilling, Arlene) (Entered: 04/12/2012)

04/12/2012

336 NOTICE of Appearance by Brian C. Mitchell on behalf of Joseph T. Caracappa, Vincent F. DeMarco, John P. Meyerricks, Suffolk County (aty to be noticed) (Mitchell, Brian) (Entered: 04/12/2012)

04/12/2012

ELECTRONIC ORDER TO ANSWER. The stipulation 335 extending defendants' time to respond to the complaint is SO ORDERED. Defendants shall respond by May 16, 2012. Ordered by Magistrate Judge Gary R. Brown on 4/12/2012. (Demosthenous, Constantina) (Entered: 04/12/2012)

04/16/2012

337 Mail Returned as Undeliverable - Copy of 4/3/12 Letter sent to Chester Ingram, received in Clerk's Office on 4/16/12 marked Return to Sender; Not Deliverable as Addressed; Unable to Forward. (Valle, Christine) (Entered: 04/16/2012)

04/20/2012

338 SUMMONS Returned Executed by Dashaun Sims, Kevin King, Paul Alver, Clyde Lofton, Mack Butler, Ricky Lynch. Joseph T. Caracappa served on 4/10/2012, answer due 5/16/2012. (LaGuardia, Daniel) (Entered: 04/20/2012)

04/20/2012

339 SUMMONS Returned Executed by Dashaun Sims, Kevin King, Paul Alver, Clyde Lofton, Mack Butler, Suffolk County, Ricky Lynch. John P. Meyerricks served on 4/10/2012, answer due 5/16/2012. (LaGuardia, Daniel) (Entered: 04/20/2012)

04/25/2012

340 NOTICE of Appearance by Corey Stoughton on behalf of Paul Alver, Mack Butler, Kevin King, Clyde Lofton, Ricky Lynch, Dashaun Sims (aty to be noticed) (Stoughton, Corey) (Entered: 04/25/2012)

04/26/2012 341 NOTICE of Appearance by Taylor Scott Pendergrass on behalf of All Plaintiffs (aty to be noticed) (Pendergrass, Taylor) (Entered: 04/26/2012)

05/08/2012 342 Prisoner Account Statement as to Donnell Stengle. (Valle, Christine) (Entered: 05/11/2012)

05/08/2012 343 FILING FEE: $13.20, Receipt Number: 9499; $11.00, Receipt Number: 9500. (Valle, Christine) (Entered: 05/11/2012)

05/16/2012

344 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Joseph T. Caracappa, Vincent F. DeMarco, John P. Meyerricks, Suffolk County. (Attachments: # 1 Declaration, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C, # 5 Exhibit D, # 6 Exhibit E, # 7 Exhibit F, # 8 Memorandum in Support, # 9 Affidavit of Service, # 10 Supplement Cover letter to Judge) (Zwilling, Arlene) (Entered: 05/16/2012)

05/16/2012

345 AFFIDAVIT of Service for Motion to Dismiss Amended Affidavit of Service for Document # 344, filed by Joseph T. Caracappa, Vincent F. DeMarco, John P. Meyerricks, Suffolk County. (Zwilling, Arlene) (Entered: 05/16/2012)

05/17/2012 346 NOTICE of Appearance by Alexis Scott Berkowitz on behalf of All Plaintiffs (aty to be noticed) (Berkowitz, Alexis) (Entered: 05/17/2012)

05/17/2012

347 MOTION to Certify Class /Notice of Motion for Class Certification by Paul Alver, Donald Bangs, Robert Bernhard, Dewayne Butler, Mack Butler, Jason Cooper, Howard Davis, Theodore Davis, Calvin Felder, Jerry Finch, Jr., Thomas Harper, Chester Ingram, Darryl Isaac, Dondi W. Jackson, Dallas Johnson, Leroy C. Jones, Ray Kelly, Edward Keyes, Keith King, Kevin King, Clyde Lofton, Ricky Lynch, Kevin M. Massey, Daryl Miller, Joseph Potter, Jr., Felipe Rovelo, Eddie M. Sims, Damien R. Small, Donnell Stengle, Christopher Sydnor, Charles Whidbee, Adam Williams, Andrew Zeigler. (LaGuardia, Daniel) (Entered: 05/17/2012)

05/17/2012

348 AFFIDAVIT/DECLARATION in Support re 347 MOTION to Certify Class /Notice of Motion for Class Certification filed by All Plaintiffs. (LaGuardia, Daniel) (Entered: 05/17/2012)

05/17/2012 349 AFFIDAVIT/DECLARATION in Support re 347 MOTION to Certify Class /Notice of Motion for Class Certification filed by All Plaintiffs. (Stoughton, Corey) (Entered: 05/17/2012)

05/17/2012 350 MEMORANDUM in Support re 347 MOTION to Certify Class /Notice of Motion for Class Certification filed by All Plaintiffs. (LaGuardia, Daniel) (Entered: 05/17/2012)

05/25/2012

351 STIPULATION - Stipulation and Proposed Order Setting Briefing Schedules by Paul Alver, Mack Butler, Kevin King, Clyde Lofton, Ricky Lynch, Dashaun Sims (LaGuardia, Daniel) (Entered: 05/25/2012)

05/29/2012 352 STIPULATION AND ORDER Re: 351 Stipulation Setting Briefing Schedules. So Ordered by Judge Joanna Seybert on 5/29/2012. C/ECF (Valle, Christine) (Entered: 05/29/2012)

05/29/2012

353 ORDER: An initial conference has been scheduled on 7/9/2012. See order and attachment. Ordered by Magistrate Judge Gary R. Brown on 5/29/2012. (Attachments: # 1 GRB Individual Rules) (Brienza, Lauren) (Entered: 05/29/2012)

05/29/2012

ELECTRONIC ORDER re 353 . The initial conference scheduled for July 9, 2012 is ADJOURNED to July 19, 2012 at 10:00 a.m. in courtroom 840. Ordered by Magistrate Judge Gary R. Brown on 5/29/2012. (Demosthenous, Constantina) (Entered: 05/29/2012)

07/03/2012 354 RESPONSE in Opposition re 344 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM /Plaintiffs' Opposition to Defendants'

Motion to Dismiss the Consolidated Amended Class Action Complaint filed by All Plaintiffs. (LaGuardia, Daniel) (Entered: 07/03/2012)

07/05/2012 355 Letter from County of Suffolk Sheriff to Clerk of Court dated 6/29/12 Re: Inmate Account Report as to Donnell Stengle. (Valle, Christine) (Entered: 07/10/2012)

07/05/2012 356 Prisoner Account Statement as to Donnell Stengle. (Valle, Christine) (Entered: 07/10/2012)

07/05/2012 357 Partial FILING FEE: $30.00; Receipt Number: 10014. (Valle, Christine) (Entered: 07/10/2012)

07/10/2012 358 REPORT of Rule 26(f) Planning Meeting (LaGuardia, Daniel) (Entered: 07/10/2012)

07/19/2012

359 Minute Order for proceedings held before Magistrate Judge Gary R. Brown: Counsel present. Initial Conference Hearing held on 7/19/2012. The Court directs the following discovery: 8/20/2012: The County is to turn over the grievance files for all named plaintiffs and produce items 6-8 and 11-13 in their initial disclosures. Plaintiffs are to produce documents in subsection II A of their initial disclosures. 8/30/2012: Counsel for plffs will produce HIPAA releases for all named plffs. 9/19/2012: The County will produce items 1-5 in their initial disclosures going back to April 2009. SO ORDERED. (Brienza, Lauren) (Entered: 07/19/2012)

08/02/2012

360 AFFIDAVIT/DECLARATION in Support re 344 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Joseph T. Caracappa, Vincent F. DeMarco, John P. Meyerricks, Suffolk County. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Declaration Nicholas Desimone, # 6 Exhibit A, # 7 Memorandum in Support, # 8 Supplement Letter to J. Seybert, # 9 Affidavit of Service) (Zwilling, Arlene) (Entered: 08/02/2012)

08/02/2012

361 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings held on 7/19/2012, before Magistrate Judge Gray R. Brown. Transcriber Transcriptions Plus II, Inc., Telephone number 718-9874285. Transcript may be viewed at the court public terminal or purchased through the Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 8/23/2012. Redacted Transcript Deadline set for 9/4/2012. Release of Transcript Restriction set for 10/31/2012. (Russo, Eric) (Entered: 08/02/2012)

08/08/2012 362 Notice of Related Case (Russo, Eric) (Entered: 08/08/2012)

09/14/2012

363 AFFIDAVIT/DECLARATION in Opposition re 347 MOTION to Certify Class /Notice of Motion for Class Certification filed by Joseph T. Caracappa, Vincent F. DeMarco, John P. Meyerricks, Suffolk County. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit, # 6 Exhibit, # 7 Exhibit, # 8 Exhibit, # 9 Exhibit, # 10 Exhibit, # 11 Exhibit, # 12 Exhibit, # 13 Exhibit, # 14 Exhibit, # 15 Exhibit, # 16 Exhibit, # 17 Exhibit, # 18 Exhibit, # 19 Memorandum in Opposition, # 20 Affidavit of Service) (Zwilling, Arlene) (Entered: 09/14/2012)

09/19/2012

364 Letter of compliance to court's order of July 9, 2012 and for extension of time to produce DPW maintenance log books by Joseph T. Caracappa, Vincent F. DeMarco, John P. Meyerricks, Suffolk County (Zwilling, Arlene) (Entered: 09/19/2012)

09/20/2012

ELECTRONIC ORDER re 364 . In light of defendants' representation that plaintiffs have agreed to the extension of time to complete certain discovery requests, defendants' request is GRANTED. Defendants shall produce copies of DPW logbooks through 2011 by September 28, 2012. DPW logbooks for 2012 and tier inspection forms shall be produced on a rolling basis on or before October 19, 2012. Ordered by Magistrate Judge Gary R. Brown on 9/20/2012. (Demosthenous, Constantina) (Entered: 09/20/2012)

11/15/2012

365 REPLY in Support re 347 MOTION to Certify Class /Notice of Motion for Class Certification - Plaintiff's Reply Memorandum of Law in Further Support of their Motion for Class Certification filed by All Plaintiffs. (LaGuardia, Daniel) (Entered: 11/15/2012)

11/15/2012

366 DECLARATION re 365 Reply in Support, by Paul Alver, Donald Bangs, Robert Bernhard, Dewayne Butler, Mack Butler, Jason Cooper, Howard Davis, Theodore Davis, Calvin Felder, Jerry Finch, Jr., Thomas Harper, Chester Ingram, Darryl Isaac, Dondi W. Jackson, Dallas Johnson, Leroy C. Jones, Ray Kelly, Edward Keyes, Keith King, Kevin King, Clyde Lofton, Ricky Lynch, Kevin M. Massey, Daryl Miller, Joseph Potter, Jr., Felipe Rovelo, Eddie M. Sims, Damien R. Small, Donnell Stengle, Christopher Sydnor, Charles Whidbee, Adam Williams, Andrew Zeigler (Attachments: # 1 Exhibit A) (LaGuardia, Daniel) (Entered: 11/15/2012)

11/15/2012

367 DECLARATION re 365 Reply in Support, Declaration of Mack Butler by Paul Alver, Donald Bangs, Robert Bernhard, Dewayne Butler, Mack Butler, Jason Cooper, Howard Davis, Theodore Davis, Calvin Felder, Jerry Finch, Jr., Thomas Harper, Chester Ingram, Darryl Isaac, Dondi W. Jackson, Dallas Johnson, Leroy C. Jones, Ray Kelly, Edward Keyes, Keith King, Kevin King, Clyde Lofton, Ricky Lynch,

Kevin M. Massey, Daryl Miller, Joseph Potter, Jr., Felipe Rovelo, Eddie M. Sims, Damien R. Small, Donnell Stengle, Christopher Sydnor, Charles Whidbee, Adam Williams, Andrew Zeigler (LaGuardia, Daniel) (Entered: 11/15/2012)

11/15/2012

368 DECLARATION re 365 Reply in Support, Declaration of Kevin King by Paul Alver, Donald Bangs, Robert Bernhard, Dewayne Butler, Mack Butler, Jason Cooper, Howard Davis, Theodore Davis, Calvin Felder, Jerry Finch, Jr., Thomas Harper, Chester Ingram, Darryl Isaac, Dondi W. Jackson, Dallas Johnson, Leroy C. Jones, Ray Kelly, Edward Keyes, Keith King, Kevin King, Clyde Lofton, Ricky Lynch, Kevin M. Massey, Daryl Miller, Joseph Potter, Jr., Felipe Rovelo, Eddie M. Sims, Damien R. Small, Donnell Stengle, Christopher Sydnor, Charles Whidbee, Adam Williams, Andrew Zeigler (LaGuardia, Daniel) (Entered: 11/15/2012)

11/15/2012

369 DECLARATION re 365 Reply in Support, Declaration of Clyde Lofton by Paul Alver, Donald Bangs, Robert Bernhard, Dewayne Butler, Mack Butler, Jason Cooper, Howard Davis, Theodore Davis, Calvin Felder, Jerry Finch, Jr., Thomas Harper, Chester Ingram, Darryl Isaac, Dondi W. Jackson, Dallas Johnson, Leroy C. Jones, Ray Kelly, Edward Keyes, Keith King, Kevin King, Clyde Lofton, Ricky Lynch, Kevin M. Massey, Daryl Miller, Joseph Potter, Jr., Felipe Rovelo, Eddie M. Sims, Damien R. Small, Donnell Stengle, Christopher Sydnor, Charles Whidbee, Adam Williams, Andrew Zeigler (LaGuardia, Daniel) (Entered: 11/15/2012)

11/19/2012 370 NOTICE of Appearance by Sheila Jain on behalf of All Plaintiffs (aty to be noticed) (Jain, Sheila) (Entered: 11/19/2012)

12/17/2012 371 MOTION for Protective Order by Suffolk County. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E) (Zwilling, Arlene) (Entered: 12/17/2012)

12/20/2012 372 RESPONSE in Opposition re 371 MOTION for Protective Order filed by All Plaintiffs. (LaGuardia, Daniel) (Entered: 12/20/2012)

01/03/2013

ELECTRONIC ORDER re 371 . A motion conference regarding defendant's discovery motion 371 has been scheduled for January 9, 2013 at 11:00 AM in courtroom 840 of the Central Islip Courthouse. Ordered by Magistrate Judge Gary R. Brown on 1/3/2013. (Demosthenous, Constantina) (Entered: 01/03/2013)

01/09/2013

373 Minute Order for proceedings held before Magistrate Judge Gary R. Brown: Counsel present. Motion Hearing held on 1/9/2013 re 371 MOTION for Protective Order filed by Suffolk County. 371 Motion for Protective Order is denied. For the reasons and

to the extent discussed on the record, the County is to provide documents constituting maintenance records and internal communications relating to the six specified conditions from 5/27/2010 through 5/27/2011. Additionally, the County will produce budget requests for maintenance of the subject jail facilities for 2010 and 2011, the responses to those requests and internal communications related to those budget requests and responses. All such documents will be produced to plaintiffs' counsel on or before March 11, 2013. After receipt and review of those documents by plaintiffs' counsel, counsel will confer and agree upon the scope and scheduling of additional production, as appropriate. SO ORDERED. (Brienza, Lauren) Modified on 1/9/2013 (Brienza, Lauren). (Entered: 01/09/2013)

02/21/2013

374 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings held on 1/9/2013, before Magistrate Judge Gary R. Brown. Transcriber Aria Services, Inc., Telephone number 845-260-1377. Transcript may be viewed at the court public terminal or purchased through the Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 3/14/2013. Redacted Transcript Deadline set for 3/25/2013. Release of Transcript Restriction set for 5/22/2013. (Russo, Eric) (Entered: 02/22/2013)

03/19/2013

375 MEMORANDUM AND ORDER granting in part and denying in part 344 Motion to Dismiss for Failure to State a Claim; granting 347 Motion to Certify Class. For the foregoing reasons, Defendants' motion to dismiss is GRANTED IN PART and DENIED IN PART, and the claims against Defendants DeMarco, Caracappa, and Meyerricks are DISMISSED WITHOUT PREJUDICE. All other claims survive. The Named Plaintiffs are GRANTED leave to file a Second Consolidated Class Action Complaint that corrects the pleading defects with respect to the claims against the Individual Defendants. Such amended pleading shall be filed within thirty days (30) of the date of this Memorandum and Order. Further, the Named Plaintiffs' motion for class certification is GRANTED. It is therefore hereby: ORDERED that the following classes and subclasses are certified: (1) an Injunctive Class comprised of all persons who, now or at any time in the future, are or will be detainees or prisoners in the custody of the Suffolk County Sheriff's Department and housed in the SCCF, with separate subclasses for those persons detained in Riverhead and Yaphank; and (2) a Damages Class comprised of all persons who are or were detainees or prisoners in the custody of the Suffolk County Sheriff's Department and housed in the SCCF and who were or will be released from the SCCF on or after April 5, 2009, with separate subclasses for those persons detained in Riverhead and Yaphank. The Injunctive Class and subclasses are certified to seek declaratory and injunctive relief

only; whereas the Damages Class and subclasses is certified to seek any and all monetary relief available to the class. It is further ORDERED that Butler and Sims are appointed the class representatives for the Riverhead Injunctive Subclass; that Lofton and Alver are appointed class representatives for the Yaphank Injunctive Subclass; that King is appointed class representative for the Riverhead Damages Subclass; and that Lynch is appointed class representative for the Yaphank Damages Subclass. It is further ORDERED that the Named Plaintiffs' attorneys of record are appointed class counsel. So Ordered by Judge Joanna Seybert on 3/19/2013. C/ECF (Valle, Christine) (Entered: 03/19/2013)

04/05/2013 376 Letter by Paul Alver, Mack Butler, Kevin King, Clyde Lofton, Ricky Lynch, Dashaun Sims (LaGuardia, Daniel) (Entered: 04/05/2013)

04/10/2013

ELECTRONIC ORDER re 376 Letter filed by Dashaun Sims, Clyde Lofton, Kevin King, Mack Butler, Paul Alver, Ricky Lynch. At the request of the parties, the Court hereby clarifies its prior order (DE 375 ). Although the Court sua sponte granted Plaintiffs leave to replead their claims against the Individual Defendants, this does not limit Plaintiffs' ability to later move for such relief under Rule 15(a)(2). Ordered by Judge Joanna Seybert on 4/10/2013. (Karneeb, Kelly) (Entered: 04/10/2013)

07/01/2013 377 ANSWER to 334 Amended Complaint,,,,,,,,,, by Joseph T. Caracappa, Vincent F. DeMarco, John P. Meyerricks, Suffolk County. (Zwilling, Arlene) (Entered: 07/01/2013)

07/16/2013

SCHEDULING ORDER: A status conference is scheduled before the undersigned on 8/12/2013 at 2:30 PM. Ordered by Magistrate Judge Gary R. Brown on 7/16/2013. (Brienza, Lauren) (Entered: 07/16/2013)

08/07/2013

378 Letter MOTION to Adjourn Conference by Paul Alver, Donald Bangs, Robert Bernhard, Dewayne Butler, Mack Butler, Jason Cooper, Howard Davis, Theodore Davis, Calvin Felder, Jerry Finch, Jr., Thomas Harper, Chester Ingram, Darryl Isaac, Dondi W. Jackson, Dallas Johnson, Leroy C. Jones, Ray Kelly, Edward Keyes, Keith King, Kevin King, Clyde Lofton, Ricky Lynch, Kevin M. Massey, Daryl Miller, Joseph Potter, Jr., Felipe Rovelo, Eddie M. Sims, Damien R. Small, Donnell Stengle, Christopher Sydnor, Charles Whidbee, Adam Williams, Andrew Zeigler. (Godwin, Melissa) (Entered: 08/07/2013)

08/08/2013

ELECTRONIC ORDER granting 378 Motion to Adjourn Conference. The status conference scheduled for August 12, 2013 is ADJOURNED to September 9, 2013 at 3:00 PM in courtroom 840 of the Central Islip courthouse. Ordered by Magistrate Judge Gary R. Brown on 8/8/2013. (Demosthenous, Constantina) (Entered: 08/08/2013)

09/09/2013

379 Minute Entry for proceedings held before Magistrate Judge Gary R. Brown: Scheduling order entered. Status Conference held on 9/9/2013. The parties are to submit a confidentiality order by 9/13/2013. (Brienza, Lauren) (Brienza, Lauren). (Entered: 09/09/2013)

09/09/2013 380 SCHEDULING ORDER: Discovery deadlines have been set. See order for details. Ordered by Magistrate Judge Gary R. Brown on 9/9/2013. (Brienza, Lauren) (Entered: 09/09/2013)

09/12/2013

381 Letter MOTION for Protective Order by Paul Alver, Mack Butler, Kevin King, Clyde Lofton, Ricky Lynch, Dashaun Sims. (Attachments: # 1 Confidentiality Agreement, # 2 Redline of Confidentiality Agreement) (LaGuardia, Daniel) (Entered: 09/12/2013)

09/13/2013

ELECTRONIC ORDER granting 381 Motion for Protective Order. The proposed confidentiality order is hereby SO ORDERED. Ordered by Magistrate Judge Gary R. Brown on 9/13/2013. (Demosthenous, Constantina) (Entered: 09/13/2013)

10/08/2013

382 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings held on 9/09/2013, before Magistrate Judge Gary R. Brown. Transcriber Transcription Plus II, Telephone number 718-987-4285. Email address: lafertype@verizon.net. Transcript may be viewed at the court public terminal or purchased through the Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 10/29/2013. Redacted Transcript Deadline set for 11/8/2013. Release of Transcript Restriction set for 1/6/2014. (Cox, Dwayne) (Entered: 10/08/2013)

10/23/2013

Cases associated: Create association to 2:13-cv-04934-JS-WDW. (Padilla, Kristin) (Entered: 10/25/2013)

12/19/2013 383 Mail Returned as Undeliverable. Mail sent to Michael Nieves - return to sender (Bollbach, Jean) (Entered: 12/27/2013)

02/04/2014

384 Letter MOTION to Compel by Paul Alver, Mack Butler, Kevin King, Clyde Lofton, Dashaun Sims. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H) (Timlin, Edward) (Entered: 02/04/2014)

02/07/2014

385 RESPONSE in Opposition re 384 Letter MOTION to Compel filed by John P. Meyerricks, Suffolk County. (Attachments: # 1 Exhibit A, # 2 Exhibit B) (Zwilling, Arlene) (Entered: 02/07/2014)

02/12/2014

ELECTRONIC ORDER granting in part and denying in part 384 Motion to Compel. Upon review of the motion to compel and the County's response, counsel for the parties shall meet and confer in

person at a place and time to be decided by the parties, unless they fail to so agree, at which point the Court will impose a date and time. Thereafter, the County shall have until March 31, 2014 to complete the production. Should the County fail to do so, plaintiffs may renew their motion to compel, including the request for sanctions, and to propose an independent contractor to assist in the production. Ordered by Magistrate Judge Gary R. Brown on 2/12/2014. (Demosthenous, Constantina) (Entered: 02/12/2014)

02/14/2014 386 Letter MOTION for Extension of Time to Complete Discovery by Paul Alver, Mack Butler, Kevin King, Clyde Lofton, Dashaun Sims. (Attachments: # 1 Exhibit A) (Timlin, Edward) (Entered: 02/14/2014)

03/10/2014

387 Letter MOTION for pre motion conference relating to electronic document production by Joseph T. Caracappa, Vincent F. DeMarco, John P. Meyerricks, Suffolk County. (Zwilling, Arlene) (Entered: 03/10/2014)

03/11/2014

ELECTRONIC ORDER re 387 . A discovery motion conference has been scheduled for March 24, 2014 at 2:30 PM in courtroom 840 of the Central Islip courthouse. Ordered by Magistrate Judge Gary R. Brown on 3/11/2014. (Demosthenous, Constantina) (Entered: 03/11/2014)

03/12/2014

388 MOTION to Withdraw as Attorney for plaintiffs by Paul Alver, Donald Bangs, Robert Bernhard, Dewayne Butler, Mack Butler, Jason Cooper, Howard Davis, Theodore Davis, Calvin Felder, Jerry Finch, Jr., Thomas Harper, Chester Ingram, Darryl Isaac, Dondi W. Jackson, Dallas Johnson, Leroy C. Jones, Ray Kelly, Edward Keyes, Keith King, Kevin King, Clyde Lofton, Ricky Lynch, Kevin M. Massey, Daryl Miller, Joseph Potter, Jr., Felipe Rovelo, Eddie M. Sims, Damien R. Small, Donnell Stengle, Christopher Sydnor, Charles Whidbee, Adam Williams, Andrew Zeigler. (Pendergrass, Taylor) (Entered: 03/12/2014)

03/12/2014

ELECTRONIC ORDER granting 388 Motion to Withdraw as Attorney. Attorney Taylor Scott Pendergrass terminated. Ordered by Magistrate Judge Gary R. Brown on 3/12/2014. (Demosthenous, Constantina) (Entered: 03/12/2014)

03/17/2014

389 RESPONSE to Motion re 387 Letter MOTION to for pre motion conference relating to electronic document production /Opposition to Suffolk County's Motion for a Protective Order filed by Paul Alver, Mack Butler, Kevin King, Clyde Lofton, Dashaun Sims. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F) (Timlin, Edward) Modified on 3/18/2014 to correct document association. (Valle, Christine). (Entered: 03/17/2014)

03/24/2014

390 Minute Order for proceedings held before Magistrate Judge Gary R. Brown: Motion Hearing held on 3/24/2014 re 386 Letter MOTION for Extension of Time to Complete Discovery filed by Dashaun Sims, Clyde Lofton, Kevin King, Mack Butler, Paul Alver, 387 Letter MOTION for pre motion conference relating to electronic document production filed by Vincent F. DeMarco, John P. Meyerricks, Joseph T. Caracappa, Suffolk County. Motions 386 and 387 are decided in accordance with the rulings set forth on the record. (Posillico, Lauren) (Entered: 03/24/2014)

03/31/2014

391 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings held on 3/24/2014, before Magistrate Judge Gary R. Brown. Transcriber Writer's Cramp, Inc., Telephone number 732-329-0191. Email address: wtrscramp@verizon.net. Transcript may be viewed at the court public terminal or purchased through the Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 4/21/2014. Redacted Transcript Deadline set for 5/1/2014. Release of Transcript Restriction set for 6/30/2014. (Cox, Dwayne) (Entered: 03/31/2014)

05/20/2014

392 Letter in accordance with instructions of the Court by Joseph T. Caracappa, Vincent F. DeMarco, John P. Meyerricks, Suffolk County (Attachments: # 1 Supplement Partial Deposition Transcript) (Zwilling, Arlene) (Entered: 05/20/2014)

06/09/2014

393 Writ of Habeas Corpus ad Testificandum Returned Unexecuted. (Attachments: # 1 Supplement Mack Butler, # 2 Supplement Ricky Lynch) (Zwilling, Arlene) (Entered: 06/09/2014)

06/12/2014 394 Writ of Habeas Corpus ad Testificandum Issued as to Ricky Lynch for July 25, 2014. (Original sent via first class mail to Suffolk County Attorney.) (Posillico, Lauren) (Entered: 06/12/2014)

06/12/2014

395 Writ of Habeas Corpus ad Testificandum Issued as to Mack Butler for July 24, 2014. (Original sent via first class mail to Suffolk County Attorney.) (Posillico, Lauren) (Entered: 06/12/2014)

06/17/2014 396 Writ of Habeas Corpus ad Testificandum for Dashaun Sims Returned Unexecuted. (Attachments: # 1 Supplement Letter to Hon. Judge Brown) (Zwilling, Arlene) (Entered: 06/17/2014)

06/17/2014 397 Writ of Habeas Corpus ad Testificandum for Ricky Lynch Returned Unexecuted. (Attachments: # 1 Supplement Letter to Hon. Judge Brown) (Zwilling, Arlene) (Entered: 06/17/2014)

06/19/2014 398 Writ of Habeas Corpus ad Testificandum Issued as to Dashaun Sims for 8/7/2014. (Posillico, Lauren) (Entered: 06/20/2014)

06/19/2014 399 Writ of Habeas Corpus ad Testificandum for Clyde Lofton Returned Executed on 8/6/2014. (Posillico, Lauren) (Entered: 06/20/2014)

07/14/2014

400 Writ of Habeas Corpus ad Testificandum for Clyde Lofton Returned Unexecuted. (Attachments: # 1 Cover Letter) (Godwin, Melissa) (Entered: 07/14/2014)

07/14/2014 401 Writ of Habeas Corpus ad Testificandum for Dashaun Sims Returned Unexecuted. (Attachments: # 1 Cover Letter) (Godwin, Melissa) (Entered: 07/14/2014)

07/14/2014 402 Writ of Habeas Corpus ad Testificandum for Mack Butler Returned Unexecuted. (Attachments: # 1 Cover Letter) (Godwin, Melissa) (Entered: 07/14/2014)

07/14/2014

403 Writ of Habeas Corpus ad Testificandum for Rickey Lynch Returned Unexecuted. (Attachments: # 1 Cover Letter) (Godwin, Melissa) (Entered: 07/14/2014)

07/15/2014 404 Writ of Habeas Corpus ad Testificandum Issued as to Clyde Lofton for 8/4/2014. (Original sent via first class mail to Arlene Zwilling.) (Posillico, Lauren) (Entered: 07/16/2014)

07/15/2014

405 Writ of Habeas Corpus ad Testificandum Issued as to Dashaun Sims for 8/4/2014.(Original sent via first class mail to Arlene Zwilling.) (Posillico, Lauren) (Entered: 07/16/2014)

07/15/2014 406 Writ of Habeas Corpus ad Testificandum Issued as to Mack Butler for 7/21/2014. (Original sent via first class mail to Arlene Zwilling.) (Posillico, Lauren) (Entered: 07/16/2014)

07/15/2014

407 Writ of Habeas Corpus ad Testificandum Issued as to Ricky Lynch for 7/21/2014.(Original sent via first class mail to Arlene Zwilling.) (Posillico, Lauren) (Entered: 07/16/2014)

10/14/2014

408 Letter MOTION to Compel Production of Outstanding Document Demands by Joseph T. Caracappa, Vincent F. DeMarco, John P. Meyerricks, Suffolk County. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G) (Zwilling, Arlene) (Entered: 10/14/2014)

10/20/2014

409 RESPONSE in Opposition re 408 Letter MOTION to Compel Production of Outstanding Document Demands filed by All Plaintiffs. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G) (LaGuardia, Daniel) (Entered: 10/20/2014)

11/03/2014

ELECTRONIC ORDER granting 408 Motion to Compel. Defendants' motion to compel is GRANTED. Plaintiffs are directed to produce all requested documents in their possession by December 18, 2014. Ordered by Magistrate Judge Gary R. Brown on 11/3/2014. (Demosthenous, Constantina) (Entered: 11/03/2014)

11/12/2014 410 NOTICE of Appearance by Anthony J Licatesi on behalf of Ricky Lynch (aty to be noticed) (Attachments: # 1 Miscellaneous Case Cover Sheet) (Licatesi, Anthony) (Entered: 11/12/2014)

11/24/2014 411 MOTION to Sever by Vernon Odom. (Attachments: # 1 Exhibit A, # 2 Consolidated Amended Complaint, # 3 Exhibit B) (Valle, Christine) (Entered: 01/05/2015)

04/02/2015

412 ORDER denying 411 Motion to Sever; Plaintiff's motion to sever is DENIED as untimely. Pursuant to the Court's January 23, 2012 Order consolidating these actions, any Plaintiff who did not wish to proceed as part of the consolidated action was required to inform the Court by letter within thirty (30) days of receiving the consolidation order. So Ordered by Judge Joanna Seybert on 4/2/2015. C/M; C/ECF (Valle, Christine) (Entered: 04/15/2015)

05/08/2015

413 Mail Returned as Undeliverable; Copy of NEF for document 412 sent to Vernon Odom, received in Clerk's Office on 5/8/15 marked Return to Sender; Refused; Unable to Forward. (Valle, Christine) (Entered: 05/11/2015)

07/28/2015

414 Letter by Paul Alver, Mack Butler, Kevin King, Clyde Lofton, Ricky Lynch, Dashaun Sims (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C) (Godwin, Melissa) (Entered: 07/28/2015)

08/03/2015 415 REPLY in Opposition to plaintiffs' motion to compel filed by Suffolk County. (Flynn, Susan) (Entered: 08/03/2015)

08/10/2015

SCHEDULING ORDER: re 415 Reply in Opposition filed by Suffolk County, 414 Letter filed by Dashaun Sims, Clyde Lofton, Kevin King, Mack Butler, Paul Alver, Ricky Lynch. An in-person conference has been scheduled for September 4, 2015 at 2:00 PM before the undersigned in Courtroom 840 of the Central Islip courthouse, regarding docket entry nos. 414 and 415. Ordered by Magistrate Judge Gary R. Brown on 8/10/2015. c/ecf (Johnston, Linda) (Entered: 08/10/2015)

09/04/2015 416 Minute Entry for proceedings held before Magistrate Judge Gary R. Brown:Discovery Hearing held on 9/4/2015. Rulings placed on the record regarding plaintiffs expert inspection of the Yapank and

Riverhead facilities on October 8 and October 9. (Tape #2:042:46;2:54-3:06.) (McMorrow, Karen) (Entered: 09/09/2015)

09/25/2015

417 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings held on 9/4/2015, before Magistrate Judge Gary R. Brown. Transcriber Writer's Cramp, Inc., Telephone number 609-588-8043. Email address: wtrscramp@verizon.net. Transcript may be viewed at the court public terminal or purchased through the Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 10/16/2015. Redacted Transcript Deadline set for 10/26/2015. Release of Transcript Restriction set for 12/24/2015. (Cox, Dwayne) (Entered: 09/25/2015)

11/05/2015 418 NOTICE of Appearance by Erin B. Harrist on behalf of All Plaintiffs (aty to be noticed) (Harrist, Erin) (Entered: 11/05/2015)

11/05/2015

419 MOTION to Withdraw as Attorney for Plaintiffs by Paul Alver, Donald Bangs, Robert Bernhard, Dewayne Butler, Mack Butler, Jason Cooper, Howard Davis, Theodore Davis, Calvin Felder, Jerry Finch, Jr., Thomas Harper, Chester Ingram, Darryl Isaac, Dondi W. Jackson, Dallas Johnson, Leroy C. Jones, Ray Kelly, Edward Keyes, Keith King, Kevin King, Clyde Lofton, Ricky Lynch, Kevin M. Massey, Daryl Miller, Joseph Potter, Jr., Felipe Rovelo, Eddie M. Sims, Damien R. Small, Donnell Stengle, Christopher Sydnor, Charles Whidbee, Adam Williams, Andrew Zeigler. (Stoughton, Corey) (Entered: 11/05/2015)

11/10/2015

420 NOTICE of Appearance by Elizabeth Francoise Johnson on behalf of Paul Alver, Mack Butler, Kevin King, Clyde Lofton, Ricky Lynch, Dashaun Sims (aty to be noticed) (Johnson, Elizabeth) (Entered: 11/10/2015)

11/17/2015

421 ORDER granting 419 Motion to Withdraw as Attorney. The Clerk of Court is directed to TERMINATE Corey Stoughton, Esq. as counsel for Plaintiffs. So Ordered by Judge Joanna Seybert on 11/17/2015. C/ECF (Valle, Christine) (Entered: 11/17/2015)

02/10/2016

422 MOTION to Compel / Plaintiffs' Motion to Approve Class Notice and Plaintiffs' Plan of Notice by Paul Alver, Mack Butler, Kevin King, Clyde Lofton, Ricky Lynch, Dashaun Sims. (LaGuardia, Daniel) (Entered: 02/10/2016)

02/10/2016

423 MEMORANDUM in Support re 422 MOTION to Compel / Plaintiffs' Motion to Approve Class Notice and Plaintiffs' Plan of Notice filed by Paul Alver, Mack Butler, Kevin King, Clyde Lofton, Ricky Lynch, Dashaun Sims. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Proposed Order) (LaGuardia, Daniel) (Entered: 02/10/2016)

02/22/2016 424 MOTION to Amend/Correct/Supplement class definitions by John P. Meyerricks, Suffolk County. (Attachments: # 1 Memorandum in Support) (Zwilling, Arlene) (Entered: 02/22/2016)

04/12/2016

425 REFERRAL ORDER Re: 422 MOTION to Compel / Plaintiffs' Motion to Approve Class Notice and Plaintiffs' Plan of Notice referred to Magistrate Judge Gary R. Brown for REPORT AND RECOMMENDATION on whether the pending motions should be granted. So Ordered by Judge Joanna Seybert on 4/12/2016. C/ECF (Valle, Christine) (Entered: 04/12/2016)

04/13/2016

ORDER re 425 Referral Order: Plaintiffs are directed to provide the Court with courtesy copies of their motion to approve class notice DE 422 and Defendants are directed to provide the Court with courtesy copies of their cross motion to amend class definitions DE 424 as per the undersigned's individual rules. Ordered by Magistrate Judge Gary R. Brown on 4/13/2016. c/ecf (Johnston, Linda) (Entered: 04/13/2016)

06/15/2016

426 REPORT AND RECOMMENDATIONS re 424 MOTION to Amend/Correct/Supplement class definitions filed by John P. Meyerricks, Suffolk County, 422 MOTION to Compel / Plaintiffs' Motion to Approve Class Notice and Plaintiffs' Plan of Notice filed by Dashaun Sims, Clyde Lofton, Kevin King, Mack Butler, Paul Alver, Ricky Lynch. See attached Report and Recommendation for details. Ordered by Magistrate Judge Gary R. Brown on 6/15/2016. c/ecf (Johnston, Linda) (Entered: 06/15/2016)

06/28/2016

427 Letter MOTION to Amend/Correct/Supplement 426 REPORT AND RECOMMENDATIONS re 424 MOTION to Amend/Correct/Supplement class definitions filed by John P. Meyerricks, Suffolk County, 422 MOTION to Compel / Plaintiffs' Motion to Approve Class Notice and Plaintiffs' Pla /Letter Dated June 28, 2016 from Melissa Godwin of Shearman & Sterling to Hon. Gary R. Brown Regarding Plaintiffs' Request to Modify Method of Mailing the Class Notice by Paul Alver, Donald Bangs, Robert Bernhard, Dewayne Butler, Mack Butler, Jason Cooper, Howard Davis, Theodore Davis, Calvin Felder, Jerry Finch, Jr., Thomas Harper, Chester Ingram, Darryl Isaac, Dondi W. Jackson, Dallas Johnson, Leroy C. Jones, Ray Kelly, Edward Keyes, Keith King, Kevin King, Clyde Lofton, Ricky Lynch, Kevin M. Massey, Daryl Miller, Joseph Potter, Jr., Felipe Rovelo, Eddie M. Sims, Damien R. Small, Donnell Stengle, Christopher Sydnor, Charles Whidbee, Adam Williams, Andrew Zeigler. (Attachments: # 1 Proposed Order) (Godwin, Melissa) (Entered: 06/28/2016)

06/29/2016

ELECTRONIC ORDER granting 427 Motion to Amend/Correct/Supplement. The proposed order modifying the Report and Recommendation dated June 15, 2015 is hereby So Ordered. Ordered by Magistrate Judge Gary R. Brown on 6/29/2016. c/ecf (Johnston, Linda) (Entered: 06/29/2016)

08/29/2016

428 MEMORANDUM & ORDER ADOPTING REPORT AND RECOMMENDATION; Judge Brown's R&R (Docket Entry 426) is ADOPTED in its entirety as modified by the Modification Order dated June 29, 2016. So Ordered by Judge Joanna Seybert on 8/29/2016. C/ECF (Valle, Christine) (Entered: 08/29/2016)

10/11/2016 429 Letter MOTION for Protective Order striking the Amended Notice of Deposition by Suffolk County. (Attachments: # 1 Exhibit A) (Zwilling, Arlene) (Entered: 10/11/2016)

10/14/2016

430 Letter from Melissa Godwin to Hon. Gary R. Brown Regarding Plaintiffs' Opposition to Suffolk County's October 11, 2016 Motion for a Protective Order Striking the Deposition of Sheriff Vincent F. DeMarco by Paul Alver, Donald Bangs, Robert Bernhard, Dewayne Butler, Mack Butler, Jason Cooper, Howard Davis, Theodore Davis, Calvin Felder, Jerry Finch, Jr., Thomas Harper, Chester Ingram, Darryl Isaac, Dondi W. Jackson, Dallas Johnson, Leroy C. Jones, Ray Kelly, Edward Keyes, Keith King, Kevin King, Clyde Lofton, Ricky Lynch, Kevin M. Massey, Daryl Miller, Joseph Potter, Jr., Felipe Rovelo, Eddie M. Sims, Damien R. Small, Donnell Stengle, Christopher Sydnor, Charles Whidbee, Adam Williams, Andrew Zeigler (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C) (Godwin, Melissa) (Entered: 10/14/2016)

10/17/2016

ELECTRONIC ORDER denying 429 Motion for Protective Order. Whereas Sheriff of Suffolk County Vincent DeMarco is a named defendant in this action and plaintiffs' counsel has articulated a colorable basis for his deposition, defendants' application for a protective order to strike the Amended Notice of Deposition of Vincent DeMarco dated September 23, 2016 is denied. As to any other outstanding yet unspecified discovery issues of the parties, the parties are directed to meet and confer in good faith in person or by telephone in an effort to resolve and/or narrow such issues. Upon failure to resolve any outstanding discovery issue, counsel shall apply to the Court for relief in the ordinary manner. Ordered by Magistrate Judge Gary R. Brown on 10/17/2016. c/ecf (Johnston, Linda) (Entered: 10/17/2016)

12/01/2016 431 Letter MOTION for Discovery re: requesting that the Court enter the attached proposed scheduling order, or in the alternative, set a

conference to address the schedule for the remaining discovery in this case by Paul Alver, Donald Bangs, Robert Bernhard, Dewayne Butler, Mack Butler, Jason Cooper, Howard Davis, Theodore Davis, Calvin Felder, Jerry Finch, Jr., Thomas Harper, Chester Ingram, Darryl Isaac, Dondi W. Jackson, Dallas Johnson, Leroy C. Jones, Ray Kelly, Edward Keyes, Keith King, Kevin King, Clyde Lofton, Ricky Lynch, Kevin M. Massey, Daryl Miller, Joseph Potter, Jr., Felipe Rovelo, Eddie M. Sims, Damien R. Small, Donnell Stengle, Christopher Sydnor, Charles Whidbee, Adam Williams, Andrew Zeigler. (Attachments: # 1 Exhibit A, # 2 Exhibit B) (Godwin, Melissa) (Entered: 12/01/2016)

12/07/2016

SCHEDULING ORDER: re 431 Letter MOTION for Discovery. An inperson conference has been scheduled for December 14, 2016 at 2:30 PM before the undersigned in Courtroom 840 of the Central Islip courthouse, regarding Docket Entry No. 431. The parties are directed to meet and confer prior to the conference to determine whether they can narrow and/or resolve the disputed issues regarding the aforementioned application without judicial intervention. The parties shall provide the Court with a joint status report regarding what, if any, discovery issues remain in this application remain by the close of business on December 13, 2016. Ordered by Magistrate Judge Gary R. Brown on 12/7/2016. c/ecf (Johnston, Linda) (Entered: 12/07/2016)

12/13/2016

432 STATUS REPORT /Joint Status Report Regarding Remaining Discovery Issues for Discussion at the Conference Scheduled for December 14, 2016 by Paul Alver, Mack Butler, Kevin King, Clyde Lofton, Ricky Lynch (Attachments: # 1 Exhibit 1) (Godwin, Melissa) (Entered: 12/13/2016)

12/14/2016

Minute Entry for proceedings held before Magistrate Judge Gary R. Brown:Status Conference held on 12/14/2016. Counsel for all sides present. Fact discovery due by 1/31/2017; Plaintiff expert report due by 1/31/2017; defendant expert report due by 3/15/17; plaintiff rebuttal by 4/5/17/ completion of expert depositions 5/10/2017; motion for leave to add new parties 2/15/17. Settlement conference set for 5/22/2017 at 10:00 a.m. (McMorrow, Karen) (Entered: 12/15/2016)

04/05/2017

433 Letter MOTION by Suffolk County (Attachments: # 1 NOTICE TO PRODUCE) (Zwilling, Arlene) Modified on 4/10/2017 (McMorrow, Karen). (Entered: 04/05/2017)

04/05/2017

434 Letter from Melissa Godwin to Hon. Gary R. Brown Regarding Suffolk County's Request for an 8-Week Extension in Their Time to File a Responsive Expert Report by Paul Alver, Mack Butler, Kevin King, Clyde Lofton, Ricky Lynch (Attachments: # 1 Exhibit A, # 2 Exhibit B,

# 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E) (Godwin, Melissa) (Entered: 04/05/2017)

04/07/2017

435 Letter in response to plaintiffs' letter of April 5, 2017 by Joseph T. Caracappa, Vincent F. DeMarco, John P. Meyerricks, Suffolk County (Zwilling, Arlene) (Entered: 04/07/2017)

04/10/2017

ELECTRONIC ORDER granting in part and denying in part 433 Motion for Extension of Time to File. Defendant County of Suffolk's time to serve its expert report(s) is extended to May 10, 2017. Ordered by Magistrate Judge Gary R. Brown on 4/10/2017. c/ecf (Johnston, Linda) (Entered: 04/10/2017)

04/24/2017 436 MOTION to Vacate Order of April 10, 2017 by Joseph T. Caracappa, Vincent F. DeMarco, John P. Meyerricks, Suffolk County. (Zwilling, Arlene) (Entered: 04/24/2017)

04/26/2017

437 RESPONSE to Motion re 436 MOTION to Vacate Order of April 10, 2017 filed by Paul Alver, Mack Butler, Kevin King, Clyde Lofton, Ricky Lynch, Dashaun Sims. (LaGuardia, Daniel) (Entered: 04/26/2017)

05/09/2017

438 Letter MOTION for Extension of Time to File expert report by Joseph T. Caracappa, Vincent F. DeMarco, John P. Meyerricks, Suffolk County. (Zwilling, Arlene) (Entered: 05/09/2017)

05/10/2017

ELECTRONIC ORDER granting 438 Motion for Extension of Time to File. Application granted. Ordered by Magistrate Judge Gary R. Brown on 5/10/2017. c/ecf (Johnston, Linda) (Entered: 05/10/2017)

05/18/2017

439 MOTION to Continue Adj Settlement Conf without date by Joseph T. Caracappa, Vincent F. DeMarco, John P. Meyerricks, Suffolk County. (Zwilling, Arlene) (Entered: 05/18/2017)

05/19/2017

ELECTRONIC ORDER granting 439 Motion to Continue. Application granted. Upon completion of expert discovery, the parties are directed to meet and confer and to submit proposed dates when all counsel of record and clients (or other persons with full settlement authority) are available for a settlement conference before the undersigned. Ordered by Magistrate Judge Gary R. Brown on 5/19/2017. c/ecf (Johnston, Linda) (Entered: 05/19/2017)

06/13/2017

ELECTRONIC ORDER : The parties are directed to meet and confer and provide in writing three alternative dates in which the Court may conduct the adjourned settlement conference in accordance with the undersigned's individual rules. Said settlement conference must be scheduled on or before September 30, 2017. Ordered by Magistrate

Judge Gary R. Brown on 6/13/2017. c/ecf (Johnston, Linda) (Entered: 06/13/2017)

08/14/2017 440 NOTICE of Change of Address by Mack Butler. (Valle, Christine) (Entered: 08/16/2017)

08/28/2017 441 NOTICE of Change of e-mail by Elizabeth Francoise Johnson for Melissa J. Godwin Esq, (Johnson, Elizabeth) (Entered: 08/28/2017)

08/29/2017

442 NOTICE of Appearance by Hanchu Chen on behalf of Paul Alver, Mack Butler, Kevin King, Clyde Lofton, Ricky Lynch, Dashaun Sims (aty to be noticed) (Chen, Hanchu) (Entered: 08/29/2017)

09/01/2017

443 Letter from Hanchu Chen on behalf of the parties to Hon. Gary R. Brown Regarding Alternative Availability Dates by Paul Alver, Mack Butler, Kevin King, Clyde Lofton, Ricky Lynch (Chen, Hanchu) (Entered: 09/01/2017)

09/05/2017

SCHEDULING ORDER: re 443 Letter filed by Clyde Lofton, Kevin King, Mack Butler, Paul Alver, Ricky Lynch. A Settlement Conference is set for 10/23/2017 at 02:00 PM in Courtroom 840 before Magistrate Judge Gary R. Brown. Please refer to the undersigned's Individual Rules regarding settlement conferences. Ordered by Magistrate Judge Gary R. Brown on 9/5/2017. c/ecf (Johnston, Linda) (Entered: 09/05/2017)

09/11/2017 444 Letter from Richard Jones to Chief Clerk dated 9/6/17 Re: Request for copies of documents. (Valle, Christine) (Entered: 09/14/2017)

09/11/2017

445 Letter from Pro Se Office to Richard Jones dated 9/12/17 Re: In response to Plaintiff's letter dated 9/6/17 requesting copies of documents. (Valle, Christine) (Entered: 09/14/2017)

10/18/2017

SCHEDULING ORDER: Due to a change in the Court's calendar, the Settlement Conference scheduled for 10/23/2017 at 02:00 PM in Courtroom 840 before Magistrate Judge Gary R. Brown is adjourned. The parties are to meet and confer and propose to the Court three alternative dates and times on which the undersigned may hold the adjourned conference. Ordered by Magistrate Judge Gary R. Brown on 10/18/2017. c/ecf (Johnston, Linda) (Entered: 10/18/2017)

11/03/2017

446 Letter MOTION addressed to Honorable Gary R. Brown from Hanchu Chen Regarding Plaintiff's Counsel Availability for Settlement Conference by Paul Alver, Donald Bangs, Robert Bernhard, Dewayne Butler, Mack Butler, Jason Cooper, Howard Davis, Theodore Davis, Calvin Felder, Jerry Finch, Jr., Thomas Harper, Chester Ingram, Darryl Isaac, Dondi W. Jackson, Dallas Johnson, Leroy C. Jones, Ray Kelly,

Edward Keyes, Keith King, Kevin King, Clyde Lofton, Ricky Lynch, Kevin M. Massey, Daryl Miller, Joseph Potter, Jr., Felipe Rovelo, Eddie M. Sims, Damien R. Small, Donnell Stengle, Christopher Sydnor, Charles Whidbee, Adam Williams, Andrew Zeigler (Chen, Hanchu) Modified on 11/6/2017 (McMorrow, Karen). (Entered: 11/03/2017)

11/03/2017 447 Letter regarding settlement conference dates by Suffolk County (Flynn, Susan) (Entered: 11/03/2017)

11/06/2017

ELECTRONIC ORDER granting 446 Motion for Hearing. A Settlement Conference is set for 11/27/2017 at 02:00 PM in Courtroom 840 before Magistrate Judge Gary R. Brown. Please refer to the undersigned's Individual Rules regarding settlement conferences. Ordered by Magistrate Judge Gary R. Brown on 11/6/2017. C/ECF (Johnston, Linda) (Entered: 11/06/2017)

11/27/2017 448 Letter to Daniel Hector Rees LaGuardia from J. Grady dated 11/27/2017 Re: Letter from Shaun Goodall. (Valle, Christine) (Entered: 11/29/2017)

11/27/2017

Minute Entry for proceedings held before Magistrate Judge Gary R. Brown: Settlement Conference held on 11/27/2017. Daniel Hector Rees LaGuardia, Hanchu Chen, Melissa Jane Godwin for plaintiffs; Susan Flynn, Brian C. Mitchell, Arlene S. Zwilling for defendants. Case not settled at this time, the parties will report back at the end of February. (FTR Log #2:11; 3:30-3:31.) (McMorrow, Karen) (Entered: 11/29/2017)

11/28/2017 449 Letter to Daniel Hector Rees LaGuardia from J. Grady dated 11/28/2017 Re: Letter from John H. Miller. (Valle, Christine) (Entered: 11/29/2017)

12/01/2017 450 Notice of Related Cases; 11-cv-6067-JS-GRB and 17-cv-6968-JS-ARL (Cox, Dwayne) (Entered: 12/01/2017)

12/06/2017 451 Letter from J. Grady to Hector Rees LaGuardia dated 12/6/2017 Re: John Vasquez letter. (Valle, Christine) (Entered: 12/08/2017)

12/06/2017 452 Letter from J. Grady to Hector Rees LaGuardia dated 12/6/2017 Re: Milton Silvels letter. (Valle, Christine) (Entered: 12/08/2017)

12/06/2017 453 Letter from J. Grady to Hector Rees LaGuardia dated 12/6/2017 Re: Miguel Berdecia letter. (Valle, Christine) (Entered: 12/08/2017)

12/18/2017 454 Letter from J. Grady to Daniel Hector Rees LaGuardia dated 12/18/17 Re: Shaun Goodall letter. (Valle, Christine) (Entered: 12/20/2017)

12/20/2017

455 LETTER dated 12/20/2017 from pro Se Office to Daniel Hector Rees Laguardia. As you are listed as the lead attorney for the Plaintiffs in this action, we are routing this letter from Mr. Jones to you. This letter is being returned without docketing or consideration as papers may not be submitted by a plaintiff directly. (Attachments: # 1 12/12/2017 Letter from Wesley C. Jones) (Coleman, Laurie) (Entered: 12/21/2017)

01/08/2018

ELECTRONIC ORDER denying 436 Motion to Vacate. In light of Judge Brown's May 10, 2017 Electronic Order granting the County's request for an extension of time to serve its expert report, the County's objection to Judge Brown's April 10, 2017 Electronic Order (Docket Entry 436) is DENIED as moot. Ordered by Judge Joanna Seybert on 1/8/2018. (Torreblanca, David) (Entered: 01/08/2018)

01/08/2018

456 Letter from J. Grady, Pro Se Office to Daniel Hector Rees Laguardia dated 1/8/2018 Re: Angel Irizarry letter. (Valle, Christine) (Entered: 01/11/2018)

01/31/2018

457 Mail Returned as Undeliverable; Copy of Letter sent to Angel Irizarry received in Clerk's Office on 1/31/2018 marked Return to Sender; Not Deliverable as Addressed; Unable to Forward; DISCHARGED. (Valle, Christine) (Entered: 02/05/2018)

03/12/2018 458 Letter from J. Grady to Pro Se Litigant dated 3/12/18 Re: Enclosed letter is being returned without docketing or consideration for the reason(s) set forth herein. (Valle, Christine) (Entered: 03/14/2018)

03/14/2018

459 Letter from the Pro Se Dept to Miguel Berdecia returning the enclosed papers without docketing or consideration. (Florio, Lisa) (Entered: 03/15/2018)

03/15/2018 460 Letter from J. Grady to Pro Se Litigant dated 3/15/18 Re: Enclosed letter is being returned without docketing or consideration for the reason(s) set forth herein. (Valle, Christine) (Entered: 03/16/2018)

03/23/2018

461 Letter MOTION for Discovery by Joseph T. Caracappa, Vincent F. DeMarco, John P. Meyerricks, Suffolk County. (Attachments: # 1 Supplement) (Zwilling, Arlene) (Entered: 03/23/2018)

03/23/2018 462 Letter MOTION for Discovery by Vincent F. DeMarco, John P. Meyerricks, Suffolk County. (Attachments: # 1 Supplement) (Zwilling, Arlene) (Entered: 03/23/2018)

03/26/2018

463 Letter of Hanchu Chen to Honorable Gary R. Brown Dated March 26, 2018 Regarding Response to Defendants Request to Reopen Discovery by Paul Alver, Donald Bangs, Robert Bernhard, Dewayne Butler, Mack Butler, Jason Cooper, Howard Davis, Theodore Davis,

Calvin Felder, Jerry Finch, Jr., Thomas Harper, Chester Ingram, Darryl Isaac, Dondi W. Jackson, Dallas Johnson, Leroy C. Jones, Ray Kelly, Edward Keyes, Keith King, Kevin King, Clyde Lofton, Ricky Lynch, Kevin M. Massey, Daryl Miller, Joseph Potter, Jr., Felipe Rovelo, Eddie M. Sims, Damien R. Small, Donnell Stengle, Christopher Sydnor, Charles Whidbee, Adam Williams, Andrew Zeigler (Attachments: # 1 Attachment A, # 2 Attachment B) (Chen, Hanchu) (Entered: 03/26/2018)

04/12/2018

ELECTRONIC ORDER RE 461 462 463 : The application to reopen discovery is denied as the Court finds that defendants have failed to provide an adequate basis for such a reopening of discovery. The Court will, however, grant the request for a further settlement conference. As such the parties are directed to confer and submit proposed dates when all counsel of record and clients (or other persons with full settlement authority, which may include counsel) are available for a settlement conference before the undersigned. One week prior to the settlement conference date, the parties must submit ex parte realistic statement of their client's settlement position. Ordered by Magistrate Judge Gary R. Brown on 4/12/2018. (Johnston, Linda) (Entered: 04/12/2018)

04/16/2018

464 Letter MOTION for pre motion conference by Paul Alver, Mack Butler, Kevin King, Clyde Lofton, Ricky Lynch, Dashaun Sims. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3) (LaGuardia, Daniel) (Entered: 04/16/2018)

04/17/2018 465 NOTICE of Appearance by John F. Cove Jr. on behalf of All Plaintiffs (aty to be noticed) (Cove Jr., John) (Entered: 04/17/2018)

04/23/2018 466 Letter MOTION for Extension of Time to File in response to DE 464 dated April 16, 2018 by Suffolk County. (Zwilling, Arlene) (Entered: 04/23/2018)

04/23/2018

467 Letter addressed to Honorable Joanna Seybert from Daniel Laguardia, Dated April 23, 2018, RE: On Behalf of the Plaintiff Classes in this Class Action, Response to the County's Letter Motion Dated April 23, 2018 by Brendan Abt, Paul Alver, Walter Anderson, Donald Bangs, Lazaro Bautista, Nehemiah Bellamy, Robert Bernhard, Marshall Blizzard, Tobias Brown, Tariq Burwell, Dewayne Butler, Mack Butler, Andrew Bynum, Frank Cairo, Juan Cajamarca, David Ryan Callender, Kenneth Campbell, Marvin Canales, Christopher Catalano, Blake Chambers, Paul D. Champlin, Pierre Chandler, Daryl Cohen, Dwayne Cohen, Jason Cooper, Victor Copelin, Elihue C. Crump, Samuel T. Dash, Matthan Dauley, Howard Davis, Theodore Davis, Reynaldo De Jesus, Jose Robert DeLeon, Telford DeSouza, Russell Defreitas, Efrain Delcid, Matthew Edwards, Edward L. Evans, Calvin Felder, Cecilio

Fernandez, Jerry Finch, Jr., Edward Friend, Juan Miguel Gamble, Luis F. Gomez, Fredrick Grace, Ronald Grant, Alvaro Guerra, Quintelle Hardy, Thomas Harper, Mark A. Harris, Elijah Harrison, Michael T. Hartzog, Joseph Hassler, Gerard Hatch, Phillip Levar Hollman, Robert Iler, Chester Ingram, Darryl Isaac, Dondi W. Jackson, James T. Johnsen, Dallas Johnson, Harold Jones, Leroy C. Jones, Richard Jones, Wesley Jones, Ray Kelly, Edward Keyes, Bernard King, Keith King, Kevin King, Ricardo Limage, Clyde Lofton, Ricky Lynch, Michael A. Maffetone, Jason M. Martin, John Martin, Noe Martinez, Kevin M. Massey, Jamie Matthews, John Mazzullo, Charles McAllister, James McGill, Hasheen Mclaurin, Jose Diaz Mendoza, Daryl Miller, Andres Molina, Semaj Moore, John Mula, Michael Nieves, Vernon Odom, Harold Owens, Jr., James Pernell, Jason Porter, Joseph Potter, Jr., Samuel Ramirez, Peter D Roman, Manuel S. Rosales, Felipe Rovelo, Shati Roy, Ramon Ruiz, Robert Savoia, Ronnie Scott, Jr, Bryant Sheppard, Dashaun Sims, Eddie M. Sims, Christopher Small, Damien R. Small, Donnell Stengle, Julius A Stephens, Dwayne Darnell Stewart, Robert Stewart, Jr., Christopher Sydnor, Winifred Taylor, Dennis Clyde Thomason, Louis John Tosini, Anthony Jerome Wade, Jarrell Walker, Troy C. Wallace, Charles Whidbee, Adam Williams, Andrew Williams, Daniel C. Williams, Kenneth Joseph Williams, Roderick K. Williams, Tremayne R Winfield, Andrew Zeigler, Luis Zhicay, Dylan T. Zukoski (LaGuardia, Daniel) (Entered: 04/23/2018)

04/25/2018

ELECTRONIC ORDER granting 466 Motion for Extension of Time to File. Suffolk County's request for an extension of time to respond to Plaintiffs' 56.1 Statement and serve its own 56.1 Statement (Docket Entry 466) is GRANTED. The County is directed to serve its 56.1 Statement and Counterstatement on or before May 31, 2018. No further extensions of this deadline will be granted absent extraordinary circumstances. Ordered by Judge Joanna Seybert on 4/25/2018. (Torreblanca, David) (Entered: 04/25/2018)

06/06/2018

468 ORDER granting 464 Motion for Pre-Motion Conference: Pre-Motion Conference set for Fri. 7/20/2018 at 2:00pm in Courtroom 1030 before Judge Joanna Seybert. Ordered by Judge Joanna Seybert on 6/6/2018. (Baran, Charles) (Entered: 06/06/2018)

06/07/2018

469 Letter to Honorable Joanna Seybert from Plaintiffs concerning an updated request for a pre-motion conference in accordance with the Court's Individual Motion Practices by Paul Alver, Donald Bangs, Robert Bernhard, Dewayne Butler, Mack Butler, Jason Cooper, Howard Davis, Theodore Davis, Calvin Felder, Jerry Finch, Jr., Thomas Harper, Chester Ingram, Darryl Isaac, Dondi W. Jackson, Dallas Johnson, Leroy C. Jones, Ray Kelly, Edward Keyes, Keith King, Kevin King, Clyde Lofton, Ricky Lynch, Kevin M. Massey, Daryl

Miller, Joseph Potter, Jr., Felipe Rovelo, Eddie M. Sims, Damien R. Small, Donnell Stengle, Christopher Sydnor, Charles Whidbee, Adam Williams, Andrew Zeigler (Attachments: # 1 Exhibit, # 2 Exhibit) (LaGuardia, Daniel) (Entered: 06/07/2018)

06/07/2018 470 Letter from Pro Se Litigant to Pro Se Clerk dated 6/4/2018 Re: Status of Case and to Consolidate the actions with 11-cv-2602. (Ortiz, Grisel) (Entered: 06/08/2018)

06/08/2018

471 Letter from Pro Se Dept. to Pro Se litigant returning the enclosed letters without docketing or consideration; Our records indicate that you are represented by an attorney. As such, you may not file papers or communicate directly with the Court. Please refer this matter to your attorney; Other: Case 18-cv-2392 is closed. Additionally, vase 11-cv2602 is represented by counsel. As such, all matters should be referred to counsel. (Cubano, Jazmin) (Entered: 06/11/2018)

06/25/2018 472 STATUS REPORT regarding conference scheduled for July 20, 2018 by Joseph T. Caracappa, John P. Meyerricks, Suffolk County (Zwilling, Arlene) (Entered: 06/25/2018)

06/26/2018

ORDER re 472 Status Report filed by John P. Meyerricks, Joseph T. Caracappa, Suffolk County, ( Settlement Conference set for 7/20/2018 10:30 AM in Courtroom 840 before Magistrate Judge Gary R. Brown.)Ordered by Magistrate Judge Gary R. Brown on 6/26/2018. (McMorrow, Karen) (Entered: 06/26/2018)

06/26/2018

473 Letter MOTION to Compel the Court to include discussion of the County's request to move for summary judgment by Joseph T. Caracappa, Vincent F. DeMarco, John P. Meyerricks, Suffolk County. (Attachments: # 1 Rule 56.1 Statement, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C, # 5 Exhibit D, # 6 Exhibit E, # 7 Exhibit F, # 8 Exhibit G, # 9 Exhibit H, # 10 Exhibit I, # 11 Exhibit J, # 12 Exhibit K, # 13 Exhibit L, # 14 Exhibit M, # 15 Exhibit N, # 16 Exhibit O, # 17 Exhibit P, # 18 Exhibit Q, # 19 Exhibit R, # 20 Certificate of Service) (Zwilling, Arlene) (Entered: 06/26/2018)

07/11/2018

ELECTRONIC ORDER granting 473 Motion to Compel. At the July 20, 2018 pre-motion conference, the Court will consider the County's request to move for summary judgment. The parties are directed to prepare accordingly. Ordered by Judge Joanna Seybert on 7/11/2018. (Torreblanca, David) (Entered: 07/11/2018)

07/20/2018

475 Minute Entry for proceedings held before Judge Joanna Seybert: PreMotion Conference held on 7/20/2018. Plaintiffs' Motion (limited to 50 pages) to be filed by 9/4/2018; Response by 10/9/2018; Reply by 10/23/2018. Defendants' Motion to be filed by 10/9/2018; Response by

10/30/2018; Reply by 11/13/2018. (Baran, Charles) (Entered: 07/20/2018)

07/20/2018

Minute Entry for proceedings held before Magistrate Judge Gary R. Brown: Settlement Conference held on 7/20/2018. Counsel for all sides present. Settlement discussions held. Case not settled at this time. (FTR Log #10:40-10:42.) (McMorrow, Karen) (Entered: 07/24/2018)

08/30/2018

476 MOTION for Leave to Appear Pro Hac Vice Filing fee $ 150, receipt number 0207-10694240. by Paul Alver, Donald Bangs, Robert Bernhard, Dewayne Butler, Mack Butler, Jason Cooper, Howard Davis, Theodore Davis, Calvin Felder, Jerry Finch, Jr., Thomas Harper, Chester Ingram, Darryl Isaac, Dondi W. Jackson, Dallas Johnson, Leroy C. Jones, Ray Kelly, Edward Keyes, Keith King, Kevin King, Clyde Lofton, Ricky Lynch, Kevin M. Massey, Daryl Miller, Joseph Potter, Jr., Felipe Rovelo, Eddie M. Sims, Damien R. Small, Donnell Stengle, Christopher Sydnor, Charles Whidbee, Adam Williams, Andrew Zeigler. (Attachments: # 1 Affidavit, # 2 Certificate of Good Standing) (Adams, George) (Entered: 08/30/2018)

08/31/2018

ELECTRONIC ORDER granting 476 Motion for Leave to Appear Pro Hac Vice. The attorney shall register for ECF, registration is available online at the NYEDs homepage. Once registered, the attorney shall file a notice of appearance and ensure that s/he receives electronic notification of activity in this case. Also, the attorney shall ensure that the $150 admission fee be submitted to the Clerks Office via filing the event Pro Hac Vice Filing Fee . Ordered by Magistrate Judge Gary R. Brown on 8/31/2018. c/ecf (Meehan, James) (Entered: 08/31/2018)

09/04/2018

477 NOTICE of Appearance by George B. Adams on behalf of Paul Alver, Donald Bangs, Robert Bernhard, Dewayne Butler, Mack Butler, Jason Cooper, Howard Davis, Theodore Davis, Calvin Felder, Jerry Finch, Jr., Thomas Harper, Chester Ingram, Darryl Isaac, Dondi W. Jackson, Dallas Johnson, Leroy C. Jones, Ray Kelly, Edward Keyes, Keith King, Kevin King, Clyde Lofton, Ricky Lynch, Kevin M. Massey, Daryl Miller, Joseph Potter, Jr., Felipe Rovelo, Eddie M. Sims, Damien R. Small, Donnell Stengle, Christopher Sydnor, Charles Whidbee, Adam Williams, Andrew Zeigler (notification declined or already on case) (Adams, George) (Entered: 09/04/2018)

09/04/2018

478 MOTION for Summary Judgment by Paul Alver, Donald Bangs, Robert Bernhard, Dewayne Butler, Mack Butler, Jason Cooper, Howard Davis, Theodore Davis, Calvin Felder, Jerry Finch, Jr., Thomas Harper, Chester Ingram, Darryl Isaac, Dondi W. Jackson, Dallas Johnson, Leroy C. Jones, Ray Kelly, Edward Keyes, Keith King, Kevin King, Clyde Lofton, Ricky Lynch, Kevin M. Massey, Daryl

Miller, Joseph Potter, Jr., Felipe Rovelo, Eddie M. Sims, Damien R. Small, Donnell Stengle, Christopher Sydnor, Charles Whidbee, Adam Williams, Andrew Zeigler. (LaGuardia, Daniel) (Entered: 09/04/2018)

09/04/2018

479 MEMORANDUM in Support re 478 MOTION for Summary Judgment filed by Paul Alver, Donald Bangs, Robert Bernhard, Dewayne Butler, Mack Butler, Jason Cooper, Howard Davis, Theodore Davis, Calvin Felder, Jerry Finch, Jr., Thomas Harper, Chester Ingram, Darryl Isaac, Dondi W. Jackson, Dallas Johnson, Leroy C. Jones, Ray Kelly, Edward Keyes, Keith King, Kevin King, Clyde Lofton, Ricky Lynch, Kevin M. Massey, Daryl Miller, Joseph Potter, Jr., Felipe Rovelo, Eddie M. Sims, Damien R. Small, Donnell Stengle, Christopher Sydnor, Charles Whidbee, Adam Williams, Andrew Zeigler. (LaGuardia, Daniel) (Entered: 09/04/2018)

09/04/2018

480 DECLARATION re 478 MOTION for Summary Judgment by Paul Alver, Mack Butler, Kevin King, Clyde Lofton, Ricky Lynch, Charles McAllister, Dashaun Sims (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9, # 10 Exhibit 10, # 11 Exhibit 11, # 12 Exhibit 12, # 13 Exhibit 13, # 14 Exhibit 14, # 15 Exhibit 15, # 16 Exhibit 16, # 17 Exhibit 17, # 18 Exhibit 18, # 19 Exhibit 19, # 20 Exhibit 20, # 21 Exhibit 21, # 22 Exhibit 22, # 23 Exhibit 23, # 24 Exhibit 24, # 25 Exhibit 25, # 26 Exhibit 26, # 27 Exhibit 27, # 28 Exhibit 28, # 29 Exhibit 29, # 30 Exhibit 30, # 31 Exhibit 31, # 32 Exhibit 32, # 33 Exhibit 33, # 34 Exhibit 34, # 35 Exhibit 35, # 36 Exhibit 36, # 37 Exhibit 37, # 38 Exhibit 38, # 39 Exhibit 39, # 40 Exhibit 40, # 41 Exhibit 41, # 42 Exhibit 42, # 43 Exhibit 43, # 44 Exhibit 44, # 45 Exhibit 45, # 46 Exhibit 46, # 47 Exhibit 47, # 48 Exhibit 48, # 49 Exhibit 49, # 50 Exhibit 50, # 51 Exhibit 51, # 52 Exhibit 52, # 53 Exhibit 53, # 54 Exhibit 54, # 55 Exhibit 55, # 56 Exhibit 56, # 57 Exhibit 57, # 58 Exhibit 58, # 59 Exhibit 59, # 60 Exhibit 60, # 61 Exhibit 61, # 62 Exhibit 62, # 63 Exhibit 63, # 64 Exhibit 64, # 65 Exhibit 65, # 66 Exhibit 66, # 67 Exhibit 67, # 68 Exhibit 68, # 69 Exhibit 69, # 70 Exhibit 70, # 71 Exhibit 71, # 72 Exhibit 72, # 73 Exhibit 73, # 74 Exhibit 74, # 75 Exhibit 75, # 76 Exhibit 76, # 77 Exhibit 77, # 78 Exhibit 78, # 79 Exhibit 79, # 80 Exhibit 80, # 81 Exhibit 81, # 82 Exhibit 82, # 83 Exhibit 83, # 84 Exhibit 84, # 85 Exhibit 85, # 86 Exhibit 86, # 87 Exhibit 87, # 88 Exhibit 88, # 89 Exhibit 89, # 90 Exhibit 90, # 91 Exhibit 91, # 92 Exhibit 92, # 93 Exhibit 93, # 94 Exhibit 94, # 95 Exhibit 95, # 96 Exhibit 96, # 97 Exhibit 97, # 98 Exhibit 98, # 99 Exhibit 99, # 100 Exhibit 100, # 101 Exhibit 101, # 102 Exhibit 102, # 103 Exhibit 103, # 104 Exhibit 104, # 105 Exhibit 105, # 106 Exhibit 106, # 107 Exhibit 107, # 108 Exhibit 108, # 109 Exhibit 109, # 110 Exhibit 110, # 111 Exhibit 111, # 112 Exhibit 112, # 113 Exhibit 113,

# 114 Exhibit 114, # 115 Exhibit 115, # 116 Exhibit 116, # 117 Exhibit 117, # 118 Exhibit 118, # 119 Exhibit 119, # 120 Exhibit 120, # 121 Exhibit 121, # 122 Exhibit 122, # 123 Exhibit 123, # 124 Exhibit 124, # 125 Exhibit 125, # 126 Exhibit 126, # 127 Exhibit 127, # 128 Exhibit 128, # 129 Exhibit 129, # 130 Exhibit 130, # 131 Exhibit 131, # 132 Exhibit 132, # 133 Exhibit 133, # 134 Exhibit 134, # 135 Exhibit 135, # 136 Exhibit 136) (Chen, Hanchu) (Entered: 09/04/2018)

09/21/2018 481 MOTION to Withdraw as Attorney by Paul Alver, Mack Butler, Kevin King, Clyde Lofton, Ricky Lynch, Dashaun Sims. (Chen, Hanchu) (Entered: 09/21/2018)

09/24/2018

ORDER granting 481 Motion to Withdraw as Attorney. Attorney Hanchu Chen terminated Ordered by Magistrate Judge Gary R. Brown on 9/24/2018. (McMorrow, Karen) (Entered: 09/24/2018)

10/02/2018 482 Letter from J. Grady to Pro Se Litigant dated 10/2/2018 Re: Enclosed letter is being returned without docketing or consideration for the reason(s) set forth herein. (Valle, Christine) (Entered: 10/04/2018)

10/09/2018

483 MOTION for Summary Judgment by Suffolk County. (Attachments: # 1 Declaration, # 2 Declaration, # 3 Declaration, # 4 Exhibit A, # 5 Exhibit B, # 6 Exhibit C, # 7 Exhibit D, # 8 Exhibit E, # 9 Exhibit F, # 10 Exhibit G, # 11 Exhibit H, # 12 Exhibit I, # 13 Exhibit J, # 14 Exhibit K, # 15 Exhibit L, # 16 Exhibit M, # 17 Exhibit N, # 18 Exhibit O, # 19 Exhibit P, # 20 Exhibit Q, # 21 Exhibit R, # 22 Exhibit S, # 23 Exhibit T, # 24 Exhibit U, # 25 Exhibit V, # 26 Exhibit W, # 27 Exhibit X, # 28 Exhibit Y, # 29 Memorandum in Support) (Zwilling, Arlene) (Entered: 10/09/2018)

10/17/2018 484 Letter MOTION for Leave to File Excess Pages by Paul Alver, Mack Butler, Kevin King, Clyde Lofton, Ricky Lynch. (Adams, George) (Entered: 10/17/2018)

10/17/2018 485 Letter re: Earlier Motion for Leave to File Excess Pages by Paul Alver, Mack Butler, Kevin King, Clyde Lofton, Ricky Lynch (Adams, George) (Entered: 10/17/2018)

10/18/2018

ELECTRONIC ORDER granting 484 Motion for Leave to File Excess Pages. Plaintiffs are GRANTED leave to file a reply brief that does not exceed 15 pages. Ordered by Judge Joanna Seybert on 10/18/2018. (Torreblanca, David) (Entered: 10/18/2018)

10/23/2018 486 REPLY in Support re 478 MOTION for Summary Judgment filed by Paul Alver, Donald Bangs, Robert Bernhard, Dewayne Butler, Mack Butler, Jason Cooper, Howard Davis, Theodore Davis, Calvin Felder,

Jerry Finch, Jr., Thomas Harper, Chester Ingram, Darryl Isaac, Dondi W. Jackson, Dallas Johnson, Leroy C. Jones, Ray Kelly, Edward Keyes, Keith King, Kevin King, Clyde Lofton, Ricky Lynch, Kevin M. Massey, Daryl Miller, Joseph Potter, Jr., Felipe Rovelo, Eddie M. Sims, Damien R. Small, Donnell Stengle, Christopher Sydnor, Charles Whidbee, Adam Williams, Andrew Zeigler. (LaGuardia, Daniel) (Entered: 10/23/2018)

10/23/2018

487 AFFIDAVIT/DECLARATION in Support re 478 MOTION for Summary Judgment filed by All Plaintiffs. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3) (Adams, George) (Entered: 10/23/2018)

10/30/2018

488 MEMORANDUM in Opposition re 483 MOTION for Summary Judgment /Plaintiffs' Opposition to Defendant's Cross-Motion for Summary Judgment filed by Paul Alver, Mack Butler, Kevin King, Clyde Lofton, Ricky Lynch, Dashaun Sims. (LaGuardia, Daniel) (Entered: 10/30/2018)

10/30/2018

489 AFFIDAVIT/DECLARATION in Opposition re 483 MOTION for Summary Judgment /Declaration of George B. Adams in Opposition to Defendant's Cross-Motion for Summary Judgment filed by Paul Alver, Mack Butler, Kevin King, Clyde Lofton, Ricky Lynch, Dashaun Sims. (Attachments: # 1 Exhibit 1 - Inmate Handbook of the Suffolk County Sheriffs Office, Correction Division, dated October 1, 2010, # 2 Exhibit 2 - Suffolk County Sheriffs Office Grievance Form for Grievance R2011-527, dated September 19, 2011, # 3 Exhibit 3 - Suffolk County Sheriffs Office Grievance Form for Grievance R-2011-422, dated August 31, 2011, # 4 Exhibit 4 - Suffolk County Sheriff's Office Grievance Form for Grievance R-2011-465, dated September 4, 2011, # 5 Exhibit 5 - Suffolk County Sheriff's Office Grievance Form for Grievance R-2011-024, dated October 27, 2011, # 6 Exhibit 6 - Suffolk County Sheriff's Office Grievance Form for Grievance R-2012-013, dated January 2, 2012) (LaGuardia, Daniel) (Entered: 10/30/2018)

11/13/2018

490 REPLY in Support filed by Joseph T. Caracappa, Vincent F. DeMarco, John P. Meyerricks, Suffolk County. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Memorandum in Support, # 10 Certificate of Service) (Zwilling, Arlene) (Entered: 11/13/2018)

11/14/2018

491 Letter from Pro Se Dept. to Jason Hartmann dated November 14, 2018 returning the enclosed letter without docketing or consideration; Mr. Daniel Hector Rees LaGuardia, as you are listed as the lead attorney for this action, we are forwarding this to you. CC. Jason Hartmann (#689380). (Cubano, Jazmin) (Entered: 11/14/2018)

12/14/2018

492 LETTER dated 12/14/2018 from Pro Se Office to pro se litigant re The enclosed letter is/are being returned to you without docketing or consideration for the reasons set forth herein. (Coleman, Laurie) (Entered: 12/17/2018)

01/18/2019 493 Letter from J. Grady to Pro Se Litigant dated 1/18/2019 Re: Enclosed letter is being returned without docketing or consideration for the reason(s) set forth herein. (Valle, Christine) (Entered: 01/18/2019)

01/18/2019

494 Letter from J. Grady to Pro Se Litigant dated 1/18/2019 Re: Enclosed letter is being returned without docketing or consideration for the reason(s) set forth herein. (Valle, Christine) (Entered: 01/18/2019)

01/23/2019 495 Letter from J. Grady to Pro Se Litigant dated 1/23/2019 Re: Enclosed Letter is being returned without docketing or consideration for the reason(s) set forth herein. (Valle, Christine) (Entered: 01/25/2019)

07/02/2019 496 Notice of Related Cases: 11-cv-4428-JS-GRB and 19-cv-3790-JS-GRB (Cox, Dwayne) (Entered: 07/02/2019)

08/12/2019 497 Letter from Pro Se Dept returning the enclosed letter without docketing or consideration. (Florio, Lisa) (Entered: 08/12/2019)

09/19/2019

ELECTRONIC ORDER terminating 478 Motion for Summary Judgment; terminating 483 Motion for Summary Judgment. In its summary judgment motion, the County argues that Plaintiffs' claims are unexhausted and must be dismissed pursuant to the Prison Litigation Reform Act ("PLRA"). The County points out that none of the Representative Plaintiffs filed grievances regarding conditions at the Yaphank Facility and that while one Representative Plaintiff filed a pre-suit grievance concerning the Riverhead Facility, he did not grieve the conditions about which Plaintiffs complain in this action. (County Br., D.E. 483-29, at 15.) In response, Plaintiffs contend that the exhaustion requirement does not apply to their claims, that exhaustion was excused because the grievance process was a "simple dead end," that exhaustion was excused because inmates were hindered and intimidated from grieving, and as relevant here, that class members other than the Representative Plaintiffs (with the limited exception of Sims (Pl. Opp., D.E. 488, at 4-5 & n.3)) either properly exhausted under the PLRA or were excused from exhausting because they "are not incarcerated (or [] were not incarcerated at the time of joining the class action)." (See Pl. Opp. at 4-6, 13-15, 22.) Upon review of several complaints that were consolidated into this action, the Court notes that other inmates purport to have filed grievances prior to filing suit. (E.g., Compl., Case No. 11-CV-5569, D.E. 1, at 2 (Yaphank Facility inmate claiming that he filed a grievance but was not given a response); Compl., Case No. 11-CV-4562, D.E. 1, at 2 (Riverhead Facility inmate

claiming that he "[f]iled numerous grievances about the conditions").) The Court does not pass on the parties' arguments at this juncture. Rather, to the extent certain class members fully exhausted administrative remedies or "are not incarcerated (or [] were not incarcerated at the time of joining the class action) and are therefore not subject to the exhaustion requirement," the Court directs Plaintiffs to file a motion on or before October 17, 2019 proposing those class members as substitute class representatives. The County's response shall be filed on or before November 15, 2019, and Plaintiffs' reply, if any, shall be filed on or before November 29, 2019. The Court TERMINATES the pending summary judgment motions (D.E. 478, 483) at this time and will reinstate them when the substitution motion is fully briefed. Ordered by Judge Joanna Seybert on 9/19/2019. (Torreblanca, David) (Entered: 09/19/2019)

10/07/2019 498 Letter MOTION for Extension of Time to File Motion by Paul Alver, Mack Butler, Kevin King, Clyde Lofton, Ricky Lynch. (LaGuardia, Daniel) (Entered: 10/07/2019)

10/08/2019

ELECTRONIC ORDER granting 498 Motion for Extension of Time to File. On consent, Plaintiffs' request for an extension is GRANTED. Plaintiffs shall file their motion proposing additional class members on or before December 16, 2019. The County's response shall be filed on or before January 15, 2020, and Plaintiffs' reply, if any, shall be filed on or before January 29, 2020. Ordered by Judge Joanna Seybert on 10/8/2019. (Brown, Melissa) (Entered: 10/08/2019)

11/14/2019 499 Letter from J. Grady to Pro Se Litigant dated 11/14/2019 Re: Enclosed letter is being returned without docketing or consideration for the reason(s) set forth herein. (Valle, Christine) (Entered: 11/14/2019)

12/16/2019

500 MOTION to Intervene Additional Class Representatives by Paul Alver, Donald Bangs, Robert Bernhard, Dewayne Butler, Mack Butler, Jason Cooper, Howard Davis, Theodore Davis, Calvin Felder, Jerry Finch, Jr., Thomas Harper, Chester Ingram, Darryl Isaac, Dondi W. Jackson, Dallas Johnson, Leroy C. Jones, Ray Kelly, Edward Keyes, Keith King, Kevin King, Clyde Lofton, Ricky Lynch, Kevin M. Massey, Daryl Miller, Joseph Potter, Jr., Felipe Rovelo, Eddie M. Sims, Damien R. Small, Donnell Stengle, Christopher Sydnor, Charles Whidbee, Adam Williams, Andrew Zeigler. (LaGuardia, Daniel) (Entered: 12/16/2019)

12/16/2019

501 MEMORANDUM in Support re 500 MOTION to Intervene Additional Class Representatives filed by Paul Alver, Donald Bangs, Robert Bernhard, Dewayne Butler, Mack Butler, Jason Cooper, Howard Davis, Theodore Davis, Calvin Felder, Jerry Finch, Jr., Thomas Harper, Chester Ingram, Darryl Isaac, Dondi W. Jackson, Dallas Johnson,

Leroy C. Jones, Ray Kelly, Edward Keyes, Keith King, Kevin King, Clyde Lofton, Ricky Lynch, Kevin M. Massey, Daryl Miller, Joseph Potter, Jr., Felipe Rovelo, Eddie M. Sims, Damien R. Small, Donnell Stengle, Christopher Sydnor, Charles Whidbee, Adam Williams, Andrew Zeigler. (LaGuardia, Daniel) (Entered: 12/16/2019)

12/16/2019

502 AFFIDAVIT/DECLARATION in Support re 500 MOTION to Intervene Additional Class Representatives /Declaration of George B. Adams filed by Paul Alver, Donald Bangs, Robert Bernhard, Dewayne Butler, Mack Butler, Jason Cooper, Howard Davis, Theodore Davis, Calvin Felder, Jerry Finch, Jr., Thomas Harper, Chester Ingram, Darryl Isaac, Dondi W. Jackson, Dallas Johnson, Leroy C. Jones, Ray Kelly, Edward Keyes, Keith King, Kevin King, Clyde Lofton, Ricky Lynch, Kevin M. Massey, Daryl Miller, Joseph Potter, Jr., Felipe Rovelo, Eddie M. Sims, Damien R. Small, Donnell Stengle, Christopher Sydnor, Charles Whidbee, Adam Williams, Andrew Zeigler. (Adams, George) (Entered: 12/16/2019)

12/16/2019

503 AFFIDAVIT/DECLARATION in Support re 500 MOTION to Intervene Additional Class Representatives /Declaration of Jermaine L. Yates filed by Paul Alver, Donald Bangs, Robert Bernhard, Dewayne Butler, Mack Butler, Jason Cooper, Howard Davis, Theodore Davis, Calvin Felder, Jerry Finch, Jr., Thomas Harper, Chester Ingram, Darryl Isaac, Dondi W. Jackson, Dallas Johnson, Leroy C. Jones, Ray Kelly, Edward Keyes, Keith King, Kevin King, Clyde Lofton, Ricky Lynch, Kevin M. Massey, Daryl Miller, Joseph Potter, Jr., Felipe Rovelo, Eddie M. Sims, Damien R. Small, Donnell Stengle, Christopher Sydnor, Charles Whidbee, Adam Williams, Andrew Zeigler. (LaGuardia, Daniel) (Entered: 12/16/2019)

12/16/2019

504 AFFIDAVIT/DECLARATION in Support re 500 MOTION to Intervene Additional Class Representatives /Declaration of Robert Reid filed by Paul Alver, Donald Bangs, Robert Bernhard, Dewayne Butler, Mack Butler, Jason Cooper, Howard Davis, Theodore Davis, Calvin Felder, Jerry Finch, Jr., Thomas Harper, Chester Ingram, Darryl Isaac, Dondi W. Jackson, Dallas Johnson, Leroy C. Jones, Ray Kelly, Edward Keyes, Keith King, Kevin King, Clyde Lofton, Ricky Lynch, Kevin M. Massey, Daryl Miller, Joseph Potter, Jr., Felipe Rovelo, Eddie M. Sims, Damien R. Small, Donnell Stengle, Christopher Sydnor, Charles Whidbee, Adam Williams, Andrew Zeigler. (LaGuardia, Daniel) (Entered: 12/16/2019)

12/16/2019

505 AFFIDAVIT/DECLARATION in Support re 500 MOTION to Intervene Additional Class Representatives /Declaration of Kenneth Williams filed by Paul Alver, Donald Bangs, Robert Bernhard, Dewayne Butler, Mack Butler, Jason Cooper, Howard Davis, Theodore

Davis, Calvin Felder, Jerry Finch, Jr., Thomas Harper, Chester Ingram, Darryl Isaac, Dondi W. Jackson, Dallas Johnson, Leroy C. Jones, Ray Kelly, Edward Keyes, Keith King, Kevin King, Clyde Lofton, Ricky Lynch, Kevin M. Massey, Daryl Miller, Joseph Potter, Jr., Felipe Rovelo, Eddie M. Sims, Damien R. Small, Donnell Stengle, Christopher Sydnor, Charles Whidbee, Adam Williams, Andrew Zeigler. (LaGuardia, Daniel) (Entered: 12/16/2019)

12/16/2019

506 AFFIDAVIT/DECLARATION in Support re 500 MOTION to Intervene Additional Class Representatives /Declaration of Daryl Miller filed by Paul Alver, Donald Bangs, Robert Bernhard, Dewayne Butler, Mack Butler, Jason Cooper, Howard Davis, Theodore Davis, Calvin Felder, Jerry Finch, Jr., Thomas Harper, Chester Ingram, Darryl Isaac, Dondi W. Jackson, Dallas Johnson, Leroy C. Jones, Ray Kelly, Edward Keyes, Keith King, Kevin King, Clyde Lofton, Ricky Lynch, Kevin M. Massey, Daryl Miller, Joseph Potter, Jr., Felipe Rovelo, Eddie M. Sims, Damien R. Small, Donnell Stengle, Christopher Sydnor, Charles Whidbee, Adam Williams, Andrew Zeigler. (LaGuardia, Daniel) (Entered: 12/16/2019)

12/27/2019

507 Letter MOTION for Extension of Time to File Response/Reply as to 500 MOTION to Intervene Additional Class Representatives to March 16, 2020 by Joseph T. Caracappa, Vincent F. DeMarco, John P. Meyerricks, Suffolk County. (Zwilling, Arlene) (Entered: 12/27/2019)

12/30/2019

ELECTRONIC ORDER granting 507 Motion for Extension of Time to File Response/Reply re 500 MOTION to Intervene Additional Class Representatives. On consent, the County's request for an extension of time to file a response is GRANTED. The County's response shall be filed on or before March 16, 2020, and Plaintiffs' reply, if any, shall be filed on or before March 31, 2020. Ordered by Judge Joanna Seybert on 12/30/2019. (Brown, Melissa) (Entered: 12/30/2019)

01/21/2020

Case Reassigned to Magistrate Judge Steven Tiscione. Magistrate Judge Gary R. Brown no longer assigned to the case. Please download and review the Individual Practices of the assigned Judges, located on our website. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. (Toritto, Jim) (Entered: 01/21/2020)

01/31/2020

508 MOTION to Withdraw as Attorney (Erin Beth Harrist) by Paul Alver, Donald Bangs, Robert Bernhard, Dewayne Butler, Mack Butler, Jason Cooper, Howard Davis, Theodore Davis, Calvin Felder, Jerry Finch, Jr., Thomas Harper, Chester Ingram, Darryl Isaac, Dondi W. Jackson, Dallas Johnson, Leroy C. Jones, Ray Kelly, Edward Keyes, Keith King, Kevin King, Clyde Lofton, Ricky Lynch, Kevin M. Massey, Daryl

Miller, Joseph Potter, Jr., Felipe Rovelo, Eddie M. Sims, Damien R. Small, Donnell Stengle, Christopher Sydnor, Charles Whidbee, Adam Williams, Andrew Zeigler. (Attachments: # 1 Affidavit, # 2 Proposed Order) (Harrist, Erin) (Entered: 01/31/2020)

02/03/2020

ORDER granting 508 Motion to Withdraw as Attorney. Attorney Erin B. Harrist terminated. So Ordered by Magistrate Judge Steven Tiscione on 2/3/2020. (Vasquez, Lea) (Entered: 02/03/2020)

02/06/2020

509 Letter from Pro Se Office to Pro Se Litigant dated 2/6/2020 Re: Enclosed document is being returned without docketing or consideration for the reason(s) set forth herein. (Valle, Christine) (Entered: 02/06/2020)

02/28/2020

510 SUGGESTION OF DEATH Upon the Record as to Robert Reid by Joseph T. Caracappa, Vincent F. DeMarco, John P. Meyerricks (Zwilling, Arlene) (Entered: 02/28/2020)

02/28/2020

511 Letter MOTION for Extension of Time to File Rule 25(a) Motion by Paul Alver, Mack Butler, Kevin King, Clyde Lofton, Ricky Lynch. (Attachments: # 1 Exhibit A) (LaGuardia, Daniel) (Entered: 02/28/2020)

03/04/2020

ELECTRONIC ORDER granting 511 Motion for Extension of Time to File. Plaintiffs' request to file a motion pursuant to Rule 25(a) to substitute Mr. Reid's representative or an administrator of his estate as a named party on Mr. Reid's behalf within 60 days after an order is entered appointing a representative or administrator (D.E. 511) is GRANTED as follows. Within three days after entry of such an order, Plaintiffs are directed to submit a status letter (1) informing the Court that an order has been entered, (2) advising whether Plaintiffs intend to pursue a Rule 25(a) motion, and (3) if so, providing a briefing schedule for the Rule 25(a) motion.

This Electronic Order does not stay Plaintiffs' motion to add additional class representatives (D.E. 500) and the Court reserves decision with respect to only Robert Reid as a proposed representative for the certified damages class. Ordered by Judge Joanna Seybert on 3/4/2020. (Brown, Melissa) (Entered: 03/04/2020)

03/13/2020 512 NOTICE of Appearance by Philip Louis Desgranges on behalf of All Plaintiffs (aty to be noticed) (Desgranges, Philip) (Entered: 03/13/2020)
03/16/2020 513 RESPONSE in Opposition re 500 MOTION to Intervene Additional Class Representatives filed by Suffolk County. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D,

# 5 Memorandum in Opposition) (Zwilling, Arlene) (Entered: 03/16/2020)

03/31/2020

514 REPLY in Support re 500 MOTION to Intervene Additional Class Representatives / Reply Memorandum filed by Paul Alver, Mack Butler, Kevin King, Clyde Lofton, Ricky Lynch. (LaGuardia, Daniel) (Entered: 03/31/2020)

03/31/2020

515 AFFIDAVIT/DECLARATION in Support re 500 MOTION to Intervene Additional Class Representatives / Declaration of Richard McMahon filed by Paul Alver, Mack Butler, Kevin King, Clyde Lofton, Ricky Lynch. (LaGuardia, Daniel) (Entered: 03/31/2020)

04/15/2020

516 Letter from J. Grady, Deputy Clerk to Pro Se Litigant dated 4/15/2020 Re: Enclosed Letter is being returned without docketing or consideration for the reason(s) set forth herein. (Valle, Christine) (Entered: 04/15/2020)

08/05/2020 517 Letter from Pro Se Office to Pro Se Litigant dated 8/5/2020 Re: Enclosed letter is being returned without docketing or consideration for the reasons(s) set forth herein. (Valle, Christine) (Entered: 08/05/2020)

08/14/2020

518 Letter from Pro Se Office to Pro Se Litigant dated 8/14/2020 Re: Enclosed letter is being returned without docketing or consideration for the reason(s) set forth herein. (Valle, Christine) (Entered: 08/14/2020)

10/05/2020 519 Letter from Pro Se Office to Pro Se Litigant dated 10/5/2020 Re: Enclosed letter is being returned without docketing or consideration for the reason(s) set forth herein. (Valle, Christine) (Entered: 10/05/2020)

10/15/2020

520 MOTION to Withdraw as Attorney (Philip Desgranges) by Paul Alver, Donald Bangs, Robert Bernhard, Dewayne Butler, Mack Butler, Jason Cooper, Howard Davis, Theodore Davis, Calvin Felder, Jerry Finch, Jr., Thomas Harper, Chester Ingram, Darryl Isaac, Dondi W. Jackson, Dallas Johnson, Leroy C. Jones, Ray Kelly, Edward Keyes, Keith King, Kevin King, Clyde Lofton, Ricky Lynch, Kevin M. Massey, Daryl Miller, Joseph Potter, Jr., Felipe Rovelo, Eddie M. Sims, Damien R. Small, Donnell Stengle, Christopher Sydnor, Charles Whidbee, Adam Williams, Andrew Zeigler. (Attachments: # 1 Declaration, # 2 Proposed Order) (Desgranges, Philip) (Entered: 10/15/2020)

10/15/2020

ORDER granting 520 Motion to Withdraw as Attorney. Attorney Philip Louis Desgranges terminated. So Ordered by Magistrate Judge Steven Tiscione on 10/15/2020. (Vasquez, Lea) (Entered: 10/15/2020)

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11/13/2020 11:46:50

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