UNITED STATES DISTRICT COURT DISTRICT OF MAINE

JOSHUA LUCIANO, MICHAEL MELLEN,

)

and JOHN MICHAUD,

)

)

Plaintiffs,

)

v.

)

)

MICHAEL VITIELLO, Superintendent of York )

County Jail, in his individual and official

)

capacities, JOHN ANGIS, in his

)

individual and former official capacities as

)

Operations Captain, York County Jail,

)

STEVEN A. FOGLIO,

)

Facilities Manager for York County,

)

in his individual and official capacities,

)

and COUNTY OF YORK

)

)

Defendants

)

Civil Action No. 2:07-cv-25-DBH

THIRD AMENDED COMPLAINT (INJUNCTIVE RELIEF REQUESTED)
AND DEMAND FOR JURY TRIAL

Plaintiffs Joshua Luciano, Michael Mellen, and John Michaud, through counsel, bring this

civil action for injunctive and declaratory relief and damages, and complain as follows:

INTRODUCTION

1. While serving jail sentences at the York County Jail, Plaintiffs were ordered to clean

up a large quantity of human blood without proper protective clothing or hazardous material

training. At the time of the incident, the blood was presumed to be contaminated with pathogens.

As a result of the forced exposure to the infected blood, Plaintiffs have been forced to undergo

painful tests for infection. Plaintiffs additionally have experienced severe anxiety about their

medical conditions and concern about infecting loved ones. Defendants knew that exposure to

blood could lead to dangerous or even deadly infection, but they did not take proper steps to ensure

that Plaintiffs were kept safe. Defendants’ action violated the right to freedom from cruel and unusual punishment guaranteed by the Eighth and Fourteenth Amendments to the United States Constitution.
JURISDICTION AND VENUE 2. This action seeks to vindicate rights guaranteed by the Eighth and Fourteenth Amendments pursuant to 42 U.S.C. § 1983 and seeks damages under the Maine Tort Claims Act, 14 M.R.S.A. §8101, et seq. 3. The Court has jurisdiction of this action under 28 U.S.C. § 1331 and 28 U.S.C. § 1343(a) (3), (4) and has jurisdiction over the tort claim under 28 U.S.C. § 1367. 4. This Court also has jurisdiction pursuant to 28 U.S.C. §§ 2201, 2202 to declare the rights of the parties and to grant all further relief found necessary and proper. 5. Venue is proper pursuant to 28 U.S.C. § 1391(b). 6. To the extent required by 42 U.S.C. § 1997e, Plaintiffs have exhausted their administrative remedies.
PARTIES 7. Plaintiff Joshua Luciano was a convicted prisoner and resident at the York County Jail, 1 Layman Way, Alfred, Maine, 04002, at the time of the incident giving rise to this complaint. 8. Plaintiff John Michaud was a convicted prisoner and resident at the York County Jail, 1 Layman Way, Alfred, Maine, 04002, at the time of the incident giving rise to this complaint. 9. Plaintiff Michael Mellon was a convicted prisoner and resident at the York County Jail, 1 Layman Way, Alfred, Maine, 04002, at the time of the incident giving rise to this complaint.
2

10. Defendant Michael Vitiello is the Superintendent of the York County Jail. As such, he is the legal custodian of all prisoners housed at York County Jail and is responsible for the safe, secure, and humane treatment of those prisoners. Defendant Vitiello is sued in his individual and official capacities.
11. At the time of the incident giving rise to this suit, Defendant John Angis was Captain of Operations of the York County Jail, who was second in command of the Jail in relation to inmates and who, on information and belief, ordered the blood cleanup by the Plaintiffs and oversaw the blood cleanup.
12. Defendant Steven Foglio is the York County Facilities Manager. As such, he is responsible for overseeing prisoners participating in the Trusty Program while they are working at York County facilities. Defendant Foglio is sued in his individual and official capacities.
13. Defendant County of York is a political subdivision of the State of Maine. STATEMENT OF FACTS
14. This complaint arises from an incident occurring on or about November 7, 2006 at the York County Jail. Plaintiffs were assigned to a work release program, the York County Jail Trusty Program (“Trusty Program”).
15. The Trusty Program is administered by Defendant Vitiello. Participants in the Trusty Program earn credits toward early release from their sentence.
16. Plaintiffs were allowed to participate in the Trusty Program because of their exemplary behavior.
17. On the day at issue, Defendant Angis told Defendant Foglio that the Jail had a blood spill and he wanted Trustees to clean it up. Plaintiffs were taken to a holding cell in the
3

classification block of the jail and assigned to perform work as part of the Trusty Program under the personal supervision of Defendant Angis and Defendant Foglio.
18. Plaintiffs were ordered to clean up a pool of blood approximately four feet by four feet, as well as blood splattered on the walls, ceiling and furniture of the cell. The large quantity of blood resulted from another inmate’s attempted suicide in the cell.
19. Plaintiffs did not believe they were at liberty to refuse to perform the blood cleanup. 20. At the time of the incident the inmate whose blood was spilled had risk factors for the virus Hepatitis C. 21. Hepatitis C is a liver disease caused by infection from the Hepatitis C Virus (“HCV”). HCV leads to chronic infection in 55%-85% of infected persons; chronic liver disease in 70% of chronically-infected persons; and death from chronic liver disease in 1%-5% of infected persons. HCV is the leading indication for liver transplant. HCV is transmitted through contact with infected blood. 22. In lieu of proper safety equipment, Defendants Angis and Foglio supplied Plaintiffs with three pairs of thin, latex, wrist-length surgical gloves and brushes with stiff plastic bristles. Plaintiffs were ordered to clean the blood spill using the bristle brushes with bleach and water. The supplied bristle brushes caused the blood to spray onto Plaintiffs’ skin and into Plaintiffs’ eyes, noses, and mouths as they cleaned the cell. 23. On information and belief, Defendants Angis and Foglio have received training in the proper handling of biohazard material. Accordingly, Defendant Foglio knew that the safety equipment supplied to Plaintiffs was grossly inadequate. 24. The York County Jail is equipped with proper biohazard cleanup clothing and
4

equipment that easily could have been supplied to Plaintiffs to keep them safe from blood-borne pathogens.
25. By requiring Plaintiffs to clean a biohazard site without proper training or equipment, Defendants Angis and Foglio acted with deliberate indifference to the physical and emotional health and safety of the Plaintiffs.
26. Defendants Vitiello and Angis, as policy makers for the Defendant County of York, were responsible for ensuring that inmates at the York County Jail are not subjected to substantial risks to their safety in the course of working at the jail.
27. Defendants Vitiello and Angis, and through them, Defendant County of York, were aware that forcing prisoners to clean blood without proper protective clothing creates an unreasonable risk to the inmates’ safety.
28. In fact, prior to the matter complained of herein, Defendant Vitiello had been sued by a prisoner for exposure to blood of an inmate without protective gear in the case of Scott v. Cote and Vitiello, 05-81-P-C, reported at 2006 WL 1030119 (D.Me.).
29. Defendants Vitiello and Angis, and through them, Defendant York County, through custom, policy and/or practice, have denied proper training and protective clothing to inmates cleaning biohazards such as blood.
30. By establishing through custom, policy and/or practice that inmates will not be trained or supplied with proper safety equipment when performing biohazard clean-ups, Defendants Vitiello and Angis, and through them, Defendant County of York, actively participated in the needless endangerment of Plaintiffs’ lives and health, acted with deliberate indifference to the physical and emotional health and safety of Plaintiffs and are affirmatively linked to the conduct complained about herein.
5

31. Defendants’ actions may have resulted in serious illness for one Plaintiff, John Michaud, and put the other two Plaintiffs at risk of contracting the infection Hepatitis C. Defendants’ actions have caused all Plaintiffs physical injury and serious physical pain in the form of mandatory blood tests. Defendants’ actions have caused serious emotional pain, anxiety, and suffering in all Plaintiffs. Plaintiffs suffer from severe anxiety and insomnia because they are fearful of the very real danger that they have been infected with HCV and will contract and/or communicate Hepatitis C, a deadly illness.
32. Plaintiffs filed numerous grievances following this incident to complain of the unsafe work conditions and demanded medical testing. In response, Plaintiffs were subjected to retaliation in the form of delayed medical treatment and testing, accusation of smuggling contraband, subjection to body-cavity searches, and threatened removal from the Trusty Program.
33. Plaintiffs’ grievances were forwarded to Defendant Foglio, even though the York County Inmate Handbook states that they should be sent to an officer that is not part of the grievance.
34. Plaintiffs have exhausted their administrative remedies as required by 42 U.S.C. § 1997e (a) through the filing of multiple grievance forms and letters of appeal as required by the York County Jail Inmate Handbook.
35. The situation presented in this Complaint is likely to recur unless the Court enters an injunction. Plaintiffs have no adequate remedy at law.
COUNT I (VIOLATION OF EIGHTH AMENDMENT) 36. Plaintiffs repeat the allegations contained in paragraphs 1-35.
6

37. Plaintiffs were forcibly and intentionally exposed to blood-borne pathogens by Defendants while being denied adequate safety equipment. This constitutes an inhumane condition of confinement.
38. Defendants knew that exposure to a biohazard site without proper equipment created a substantial risk of serious harm, but they failed to take reasonable measures to abate this risk.
39. Defendants Angis and Foglio acted with deliberate indifference to the substantial risk of serious harm to Plaintiffs’ health and safety when they ordered Plaintiffs to clean up the biohazard site without proper equipment.
40. Defendant Vitiello and Angis, and through them, Defendant County of York condoned and acquiesced in the denial of proper training and safety equipment for inmates in the Trusty Program, with deliberate indifference to a substantial risk of harm to Plaintiffs, even though Defendants Vitiello, Angis and the County had the power to provide and require the use of appropriate safety equipment.
41. Defendants acted with callous and reckless disregard to Plaintiffs’ rights by failing to provide for safe work conditions for inmates and by forcing inmates to clean-up a biohazard site without adequate safety clothing and equipment, even after this safety policy was the subject of similar litigation.
42. At all times relevant hereto Defendants acted under color of state law. 43. Defendants’ actions deprived Plaintiffs of rights secured to them by the Eighth and Fourteenth Amendments to be free from cruel and unusual punishment, entitling Plaintiffs to redress under 42 U.S.C. § 1983 in the form of both monetary damages and appropriate declaratory and injunctive relief.
7

44. Defendants acted with implied malice because they knew that Plaintiffs were being exposed to biohazards without adequate safety clothing and equipment that was readily available, exposing Plaintiffs to a substantial risk of harm to their health and welfare.
WHEREFORE, Plaintiffs respectfully request that the Court: A. Issue a judgment declaring that the actions of Defendants as described in this
Complaint are unlawful and constitutes cruel and unusual punishment in violation of the Eighth and Fourteenth Amendments to the United States Constitution;
B. Permanently enjoin Defendants, their subordinates, agents, employees, and all others acting in concert with them, from exposing prisoners to chemical and/or biological hazards without proper safety equipment and training;
C. Award Plaintiffs compensatory damages for past and future medical bills, and emotional and psychological harm, in an amount determined to be reasonable in the premises;
D. Award Plaintiffs punitive damages; E. Award Plaintiffs their reasonable attorney fees and costs pursuant to 42 U.S.C. §1988 and other applicable law; and F. Grant such further relief as the Court considers just and proper.
COUNT II (MAINE TORT CLAIMS ACT) 45. Plaintiffs repeat the allegations contained in paragraphs 1-44. 46. Defendant County of York is a governmental entity within the meaning of Section 8102.2 of the Maine Tort Claims Act, 14 M.R.S.A. § 8101, et seq. (the “Act”). 47. On May 3, 2007, Plaintiff John Michaud, through his attorney, filed a Notice of Claim on the Clerk of the York County Commissioners in compliance with the provisions of Section 8107 of the Act.
8

48. The York County Jail is a public building within the meaning of Section 8104-A.2
of the Act.
49. The claim of Plaintiff Michaud herein arises out of the operation and maintenance of
the York County Jail for which sovereign immunity has been waived by Section 8104-A of the Act.
50. Defendant County of York and its employees have a non-discretionary duty to
prisoners working at the York County Jail to provide adequate protective gear to inmates ordered to
clean up blood.
51. Defendants breached this duty.
52. As a direct and proximate cause of the breach of this duty, Plaintiff John Michaud
suffered injury.
WHEREFORE, Plaintiffs respectfully request that the Court:
A. Award Plaintiff Michaud compensatory damages for past and future medical
bills, and emotional and psychological harm, in an amount determined to be reasonable in the
premises; and
B. Grant such further relief as the Court considers just and proper.
Dated: September 5, 2007
/s/ Rufus E. Brown ______________________ Rufus E. Brown, Esq BROWN & BURKE 85 Exchange Street - P.O. Box 7530 Portland, ME 04112-7530 (207) 775-0265 rbrown@brownburkelaw.com
Zachary L. Heiden, Esq. MCLU FOUNDATION 401 Cumberland Avenue, Suite 105 Portland, ME 04101
9

(207) 774-5444 heiden @mclu.org

\

Attorneys for Plaintiffs Joshua

Luciano, Michael Mellen, and

John Michaud

10

UNITED STATES DISTRICT COURT DISTRICT OF MAINE

JOSHUA LUCIANO, MICHAEL MELLEN, and JOHN MICHAUD,
Plaintiffs, v.
MICHAEL VITIELLO, Superintendent of York County Jail, in his individual and official capacity, and STEVEN A. FOGLIO, Facilities Manager, in his individual and official capacity,
Defendants

) ) ) ) ) ) Civil Action No. 2:07-cv-25-DBH ) ) ) ) ) ) )

CERTIFICATE OF SERVICE

I, Rufus E. Brown, attorney for Plaintiffs, hereby certify that on September 5, 2007, I

electronically filed Plaintiffs’ Third Amended Complaint by filing with the Clerk of Court using the

CM/ECF system which will send notification of such filing to:

Zachary L. Heiden MCLU Foundation 401 Cumberland Avenue, Suite 105 Portland, Me. 04101
Peter T. Marchesi, Esq. WHEELER & AREY, PA 27 Temple Street P.O. Box 376 Waterville, ME 04903-0376
Cassandra S. Shaffer WHEELER & AREY, P.A. 27 Temple Street P.O. Box 376 Wateville, Me. 04903

11

John J. Wall, Esq. MONAGHAN LEAHY LLP 95 Exchange Street P.O. Box 7046 Portland, Me. 04112
Dated September 5, 2007

Respectfully submitted.
/s/Rufus E. Brown ____________________________ Rufus E. Brown, Esq. BROWN & BURKE 85 Exchange Street P.O. Box 7530 Portland, Maine 04112-7530 (207) 778-0265

12

 
 UNITED STATES DISTRICT COURT DISTRICT OF MAINE

JOSHUA LUCIANO, MICHAEL MELLEN, and JOHN MICHAUD,
Plaintiffs,
v.
MICHAEL VITIELLO, Superintendent of York County Jail, in his individual and official capacities, JOHN ANGIS, in his individual and former official capacities as Operations Captain, York County Jail, STEVEN A. FOGLIO, Facilities Manager for York County, in his individual and official capacities, and COUNTY OF YORK
Defendants

) ) ) ) ) ) ) ) ) Civil Action No. 2:07-cv-25- DBH ) ) ) ) ) ) ) ) )

CONSENT ORDER

WHEREAS, Plaintiffs brought this lawsuit as a result of the cleanup of a blood

spill at the York County Jail where it was alleged that the Plaintiffs were not given proper

training and protection against infection from bloodborne pathogens; and

WHEREAS the parties have reached a settlement; and

WHEREAS a material term of the settlement is that the County of York and

Michael Vitiello in his capacity as Superintendent of the York County Jail will be

permanently enjoined from the use of inmates to clean up bloodspills without their

consent and adequate training and protection.

NOW THEREFORE, upon joint motion of the parties, it is hereby

AGREED, ORDERED, ADJUDGED and DECREED that Defendants York County and

the York County Jail (collectively “the County”), and their respective officers, employees, agents and successors, are hereby permanently enjoined and ordered to:
1. Keep in force permanently York County Jail Policy and Procedures No. B220 (“Bloodborne Pathogen Exposure Control Plan”) with Appendix A thereto (collectively the “Policy”) or any replacement thereof or substitution therefor providing at least as much protection as the existing Policy.
2. Except as provided below, the York County Jail shall not assign or ask any inmate to undertake a clean-up of, or otherwise to be exposed to, blood, any other material designated a biohazard, or contaminated or other potentially infectious material as defined by the Policy. This order does not encompass accidental or unintended exposure of an inmate to the biohazard materials defined by the Policy.
3. The York County Jail may assign or ask an inmate to undertake a job with such exposure provided that:
a. The inmate is first trained in the Policy; and b. The inmate is advised that this work assignment is voluntary; and c. The inmate is afforded all protections set forth in the Policy, including
access to protective clothing and equipment. 4. To advise inmates of the terms of this Order, the Jail shall include the substantive portions of this Order in the orientation of all future inmate workers assigned to positions where a cleanup may occur. 5. This Injunction is intended for the benefit of existing and future inmates at the York County Jail and any such inmate that does not receive the benefits and
2

protections intended by this Injunction shall have standing to apply to the Court to enforce the terms thereof.
6. This Order shall remain in effect unless vacated or modified by the Court. The Court enters this Order without prejudice of any party seeking to amend the Order by motion or otherwise, with appropriate notice afforded to all parties.
7. The Court will retain jurisdiction over this matter for purposes of enforcement of the injunction.
8. Except for the injunction in this Order, the other claims in the suit are dismissed with prejudice and without costs. IT IS SO ORDERED.
Dated: January 23, 2008 /s/ D. Brock Hornby D. Brock Hornby U.S. District Judge
3

 
 UNITED STATES DISTRICT COURT DISTRICT OF MAINE

JOSHUA LUCIANO, MICHAEL MELLEN, and JOHN MICHAUD,
Plaintiffs, v.
MICHAEL VITIELLO, Superintendent of York County Jail, in his individual and official capacities, JOHN ANGIS, in his individual and former official capacities as Operations Captain, York County Jail, STEVEN A. FOGLIO, Facilities Manager for York County, in his individual and official capacities, and COUNTY OF YORK
Defendants

) ) ) ) ) ) Civil Action No. 2:07-cv-25-DBH ) ) ) ) ) ) ) ) ) ) )

CONSENT MOTION

As part of the settlement of this case, Plaintiff and Defendant Michael Vitiello in

his official capacity and Defendant County of York agree to an injunction as set forth in

the attached Consent Order. The other Defendants, Stephen Foglio, Michael Vitiello in

his personal capacity, and Defendant John Angis, are not affected by that injunction but

as parties to the case have no objection to it or to the provision in the Consent Order

dismissing the case on the merits with prejudice and without costs except for the

injunction.

Respectfully submitted.

Dated: January 23, 2008

/Rufus E. Brown/

________________________ Rufus E. Brown, Esq BROWN & BURKE 85 Exchange Street P.O. Box 7530

Dated: January 23, 2008 Dated: January 23, 2008 Dated: January 23, 2008

Portland, ME 04112-7530 (207) 775-0265
Zachary L. Heiden, Esq. MCLU FOUNDATION 401 Cumberland Avenue, Suite 105 Portland, ME 04101 (207) 774-5444
Attorneys for Plaintiffs Joshua Luciano, Michael Mellen, and John Michaud
/John J. Wall III/
____________________ John J. Wall, III, Esq. MONAGHAN & LEAHY 95 Exchange Street P.O. Box 7046 Portland, ME 04112
Attorney for Defendants York County and Michael Vitiello
/ Peter T. Marchesi/ ____________________ Peter T. Marchesi, Esq. WHEELER & AVERY, P.A. 27 Temple Street P.O. Box 376 Waterville, ME 04903
Attorney for Defendant Stephen Foglio
/ Peter T. Marchesi/ __________________ Mark E. Dunlap, Esq. NORMAN, HANSON & DETROY, LLC 415 Congress Street P.O. Box 4600

Portland, Me. 04112
Attorney for Defendant John Angis

 
 Untitled Document

Page 1 of 1

MCLU Files Suit Over “Cruel and Unusual” Punishment York County Jail Putting Lives of Inmates At Risk
FOR IMMEDIATE RELEASE February 20, 2007
Portland- The Maine Civil Liberties Union sued officials at the York County Jail today on behalf of three inmates who were subjected to cruel and unusual punishment as defined by the United States Constitution. In November 2006, the inmates were forced to clean-up a biohazard site without proper safety equipment or training while participating in a jail work program. One inmate contracted hepatitis from the exposure. The jail had proper safety equipment on site but did not make it available to inmates doing dangerous work.
“York County Jail’s behavior was inexcusable,” said Zachary Heiden, Staff Attorney for the MCLU Foundation. “We have laws in this country to protect people from this sort of treatment.”
The MCLU’s complaint on behalf of the inmates cites a violation of the Eighth Amendment to the United States Constitution. That amendment forbids “cruel and unusual punishments” of inmates in jail and prison, and it requires jail officials to provide humane conditions of confinement. Under this amendment, jail officials must ensure that inmates receive adequate food, shelter, and medical care. Jail officials must also take steps to guarantee the safety of inmates. York County Jail failed to meet that requirement.
“Inmates give up their liberty when they go to jail, but they shouldn’t have to give up their human dignity,” said Shenna Bellows, Executive Director of the MCLU. “If we want inmates to act like human beings when they are released from jail, we should start by treating them like human beings when they are in jail.”
The MCLU’s clients were all model prisoners—a qualification for participation in the work program. They have since completed their sentences and been released from the jail. The case, Luciano et al., v. Vitiello et al., was filed in the U.S. District Court for the District of Portland.
###

http://www.mclu.org/News/PressReleases/02_20_07.html

4/3/2008

 
 CLOSED, STANDARD
U.S. District Court District of Maine (Portland) CIVIL DOCKET FOR CASE #: 2:07−cv−00025−DBH

LUCIANO et al v. VITIELLO et al Assigned to: JUDGE D. BROCK HORNBY Referred to: MAGISTRATE JUDGE DAVID M. COHEN Cause: 42:1983 Civil Rights Act
Plaintiff

Date Filed: 02/20/2007 Date Terminated: 01/23/2008 Jury Demand: Both Nature of Suit: 550 Prisoner: Civil Rights Jurisdiction: Federal Question

JOSHUA LUCIANO

represented by ZACHARY L. HEIDEN MAINE CIVIL LIBERTIES UNION 401 CUMBERLAND AVE SUITE 105 PORTLAND, ME 04101 207−774−5444 Email: heiden@mclu.org LEAD ATTORNEY ATTORNEY TO BE NOTICED

RUFUS E. BROWN BROWN &BURKE 85 Exchange Street P.O. BOX 7530 PORTLAND, ME 04101 207−775−0265 Email: rbrown@brownburkelaw.com ATTORNEY TO BE NOTICED

Plaintiff MICHAEL MELLEN

represented by ZACHARY L. HEIDEN (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

RUFUS E. BROWN (See above for address) ATTORNEY TO BE NOTICED

Plaintiff JOHN MICHAUD

represented by ZACHARY L. HEIDEN (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

RUFUS E. BROWN (See above for address) ATTORNEY TO BE NOTICED

V.
Defendant
MICHAEL VITIELLO Individually and in his official capacity as Superintendent of York County Jail

represented by JOHN J. WALL, III MONAGHAN LEAHY, LLP P. O. BOX 7046 DTS PORTLAND, ME 04112−7046 774−3906 Email: jwall@monaghanleahy.com LEAD ATTORNEY

Defendant STEVEN A FOGLIO Individually and in his official capacity as Facilities Manager of York County
Defendant YORK COUNTY
Defendant JOHN ANGIS in his individual and former official capacities as Operations Captain, York County Jail

ATTORNEY TO BE NOTICED
represented by PETER T. MARCHESI WHEELER &AREY, P.A. 27 TEMPLE STREET P. O. BOX 376 WATERVILLE, ME 04901 873−7771 Email: pbear@wheelerlegal.com LEAD ATTORNEY ATTORNEY TO BE NOTICED
CASSANDRA S. SHAFFER WHEELER &AREY, P.A. 27 TEMPLE STREET P. O. BOX 376 WATERVILLE, ME 04901 207−873−7771 Email: cshaffer@wheelerlegal.com ATTORNEY TO BE NOTICED
represented by JOHN J. WALL, III (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by MARK E. DUNLAP NORMAN, HANSON &DETROY 415 CONGRESS STREET P. O. BOX 4600 DTS PORTLAND, ME 04112 774−7000 Email: mdunlap@nhdlaw.com ATTORNEY TO BE NOTICED

Date Filed 02/20/2007
02/20/2007 02/20/2007

# Docket Text
1 COMPLAINT against MICHAEL VITIELLO, STEVEN A FOGLIO
IF FILING FEE IS BEING PAID WITH A CREDIT CARD, COUNSEL ARE INSTRUCTED TO IMMEDIATELY LOGIN TO CM/ECF AND DOCKET Case Opening Filing Fee Paid FOUND IN THE Complaints and Other Initiating Documents CATEGORY.
IF FILING FEE IS BEING PAID WITH A CHECK, THE COURT REQUIRES RECEIPT OF
PAYMENT WITHIN 48 HOURS OF THIS FILING., filed by JOSHUA LUCIANO, MICHAEL MELLEN, JOHN MICHAUD. (Service of Process Deadline 6/20/2007)(bfa, ) (Entered: 02/20/2007)
Filing Fee Paid via Credit Card ( Filing fee $ 350 receipt number 355582.), filed by JOSHUA LUCIANO, MICHAEL MELLEN, JOHN MICHAUD.(HEIDEN, ZACHARY) (Entered: 02/20/2007)
2 Summons Issued as to MICHAEL VITIELLO, STEVEN A FOGLIO.
Counsel shall print the embossed summons and effect service in the manner in accordance with Fed.R.Civ.P.4.
Note−If you are using Version 6 of Adobe Acrobat, be sure the PRINT WHAT field is set to DOCUMENTS AND COMMENTS (Click File, then Print to check this setting).

03/02/2007
03/28/2007 03/29/2007 05/16/2007 05/16/2007 05/17/2007 05/17/2007
05/18/2007
05/18/2007 06/08/2007 06/11/2007 06/13/2007 06/13/2007 06/18/2007 08/15/2007
08/17/2007 08/24/2007

(Attachments: # 1 Foglio summons)(bfa, ) (Entered: 02/20/2007)
3 NOTICE OF FILING of First AMENDED COMPLAINT filed as a matter of course pursuant to F.R. Civ. P.15(a) against MICHAEL VITIELLO, STEVEN A FOGLIO, filed by JOSHUA LUCIANO, MICHAEL MELLEN, JOHN MICHAUD.(Service of Process Deadline 7/2/2007) (Attachments: # 1 Amended Complaint)(HEIDEN, ZACHARY) Modified on 3/22/2007 to add text Notice of Filing (mnw, ). (Entered: 03/02/2007)
4 WAIVER OF SERVICE Returned Executed MICHAEL VITIELLO waiver sent on 3/20/2007; STEVEN A FOGLIO waiver sent on 3/20/2007. (HEIDEN, ZACHARY) (Entered: 03/28/2007)
SET Answer Deadline for MICHAEL VITIELLO and STEVEN A FOGLIO − PER WAIVER OF SERVICE #4: Answer due by 5/21/2007.(mnw, ) (Entered: 03/29/2007)
5 ANSWER to Amended Complaint by STEVEN A FOGLIO.(MARCHESI, PETER) (Entered: 05/16/2007)
6 DEMAND for Trial by Jury by STEVEN A FOGLIO. (MARCHESI, PETER) (Entered: 05/16/2007)
7 NOTICE of Appearance by RUFUS E. BROWN on behalf of all plaintiffs (Attachments: # 1(Certificate of Service)(BROWN, RUFUS) Modified on 5/17/2007 to add description of attachment (mnw, ). (Entered: 05/17/2007)
8 MOTION for Leave to File Second Amended Complaint with Added Parties and Claims by JOSHUA LUCIANO, MICHAEL MELLEN &JOHN MICHAUD with incorporated memo.Responses due by 6/7/2007. (Attachments: # 1 Exhibit Amended Complaint)(BROWN, RUFUS) Modified on 5/18/2007 to add filers Michael Mellen and John Michaud (mnw, ). (Entered: 05/17/2007)
NOTICE of Docket Entry Modification regarding 8 MOTION for Leave to File Second Amended Complaint with Added Parties and Claims : DOCKET ENTRY MODIFIED BY THE CLERK'S OFFICE TO ADD FILERS MICHAEL MELLEN AND JOHN MICHAUD. (mnw, ) (Entered: 05/18/2007)
9 ANSWER to Amended Complaint by MICHAEL VITIELLO.(WALL, JOHN) (Entered: 05/18/2007)
10 ORDER granting 8 Motion for Leave to File By Judge DAVID M. COHEN. (COHEN, DAVID) (Entered: 06/08/2007)
11 Second AMENDED COMPLAINT against all defendants with Jury Demand, filed by JOSHUA LUCIANO, MICHAEL MELLEN, JOHN MICHAUD.(Service of Process Deadline 10/9/2007)(BROWN, RUFUS) (Entered: 06/11/2007)
12 ANSWER to Amended Complaint by YORK COUNTY, MICHAEL VITIELLO.(WALL, JOHN) (Entered: 06/13/2007)
13 SCHEDULING ORDER:Discovery due by 11/14/2007.Motions due by 12/5/2007.Ready for Trial on 3/3/2008. By Judge DAVID M. COHEN. (mnw, ) (Entered: 06/13/2007)
14 ANSWER to Amended Complaint by STEVEN A FOGLIO.(MARCHESI, PETER) (Entered: 06/18/2007)
15 Consent MOTION for Protective Order by JOSHUA LUCIANO, MICHAEL MELLEN, JOHN MICHAUD.Responses due by 9/5/2007. (Attachments: # 1 Text of Proposed Order Proposed Consent Confidentiality Order)(HEIDEN, ZACHARY) (Entered: 08/15/2007)
16 ORDER granting 15 Motion for Protective Order By Judge DAVID M. COHEN. (lng, ) (Entered: 08/21/2007)
17 NOTICE OF HEARING:Conference of Counsel set for 8/28/2007 at 9:00 AM in Judge Hornby's Chambers before JUDGE D. BROCK HORNBY. (Attorney Cassandra S. Schaffer to appear via telephone) (mnw, ) (Entered: 08/24/2007)

08/28/2007 08/29/2007
09/05/2007
09/05/2007 09/13/2007 09/17/2007 09/18/2007 09/18/2007 09/25/2007 09/25/2007 10/11/2007 10/16/2007 10/17/2007 10/17/2007 11/08/2007 11/14/2007
12/28/2007 01/23/2008

18 Minute Entry for proceedings held before Judge D. BROCK HORNBY.Conference of Counsel held re: the transfer of plaintiff John Michaud to the Androscoggin County Jail. (Court Reporter LORI DUNBAR) (mnw, ) (Entered: 08/28/2007)
19 MOTION for Leave to File Third Amended Complaint with Added Parties and Claims by JOSHUA LUCIANO, MICHAEL MELLEN, JOHN MICHAUD with incorporated memo.Responses due by 9/19/2007. (Attachments: # 1 Exhibit)(BROWN, RUFUS) (Entered: 08/29/2007)
20 ORDER granting without objection 19 Plaintiffs' Motion... for Leave to File A Third Amended Complaint With Added Parties And Claims By Judge DAVID M. COHEN. The plaintiffs shall file and serve said Third Amended Complaint forthwith. (COHEN, DAVID) (Entered: 09/05/2007)
21 Third AMENDED COMPLAINT against all defendants with Jury Demand, filed by JOSHUA LUCIANO, MICHAEL MELLEN, JOHN MICHAUD.(Service of Process Deadline 1/3/2008)(BROWN, RUFUS) (Entered: 09/05/2007)
22 ANSWER to Amended Complaint (Third) by YORK COUNTY, MICHAEL VITIELLO.(WALL, JOHN) (Entered: 09/13/2007)
23 ANSWER to Amended Complaint by STEVEN A FOGLIO.(MARCHESI, PETER) (Entered: 09/17/2007)
24 WAIVER OF SERVICE Returned Executed JOHN ANGIS waiver sent on 9/5/2007. (BROWN, RUFUS) (Entered: 09/18/2007)
DEFENDANT, JOHN ANGIS, SERVED, 24 FILED: Answer Deadline due by 11/5/2007.(lng) (Entered: 09/18/2007)
25 SUMMONS Returned Executed JOHN ANGIS served on 9/25/2007. (BROWN, RUFUS) (Entered: 09/25/2007)
SET Answer Deadline for JOHN ANGIS − PER SUMMONS RETURNED EXECUTED #25: Answer due by 10/15/2007.(mnw, ) (Entered: 09/25/2007)
26 ANSWER to Plaintiffs' Third Amended Complaint by JOHN ANGIS.(DUNLAP, MARK) Modified on 10/15/2007 to add text 'Plaintiffs' Third Amended'. (lng) (Entered: 10/11/2007)
27 MOTION to Extend Time of Discovery Deadline by JOSHUA LUCIANO, MICHAEL MELLEN, JOHN MICHAUD.Responses due by 11/6/2007. (Attachments: # 1 Supplement Certificate of Service)(BROWN, RUFUS) (Entered: 10/16/2007)
28 ORDER granting without objection 27 Motion to Extend Time By Judge DAVID M. COHEN. The discovery deadline is enlarged to November 30, 2007. (COHEN, DAVID) (Entered: 10/17/2007)
Reset Scheduling Order Deadline per Order 28 : Discovery due by 11/30/2007.(lng, ) (Entered: 10/17/2007)
29 MOTION Leave to Take Deposition of Incarcerated Persons by STEVEN A FOGLIO.Responses due by 11/29/2007. (MARCHESI, PETER) (Entered: 11/08/2007)
30 ORDER granting 29 Motion for leave to take depositions of incarcerated persons, subject to compliance with the institutions' reasonable scheduling and security requests. By Judge MARGARET J. KRAVCHUK. (KRAVCHUK, MARGARET) (Entered: 11/14/2007)
31 TRIAL LIST: Final Pretrial Memo due by 1/28/2008. Final Pretrial Conference set for 2/5/2008 09:00 AM in Hearing Room, Portland before MAGISTRATE JUDGE DAVID M. COHEN. On Trial List for 3/3/2008. (lng) (Entered: 12/28/2007)
32 Consent MOTION for Order by JOSHUA LUCIANO, MICHAEL MELLEN, JOHN MICHAUDResponses due by 2/13/2008. (Attachments: # 1 Text of Proposed Order)(BROWN, RUFUS) Modified on 1/23/2008 to indicate this is a motion for Order (mnw). (Entered: 01/23/2008)

01/23/2008 33 ORDER granting 32 Motion for Order − By JUDGE D. BROCK HORNBY. (mnw) (Entered: 01/23/2008)