Case 1:11-cv-00176-JLC Document 1 Filed 01/04/11 Page 1 of 22

0 7 6 ' cou~ 1 CIV. 1 UNITED STATES DISTRICT

.g'

SOUTHERN DISTRICT OF NEW YORK

ANTHONY MEDINA; PETER LOPEZ;

LING LOET; ~ - ---- -

--

- ---a

PAUL FORD; KELVIN CORRAN;

JAMES COLANTUONO; DARRIUS

REID; RUFIP40 ~OT6; KEVIN JONES;

BEN RAWLS; WARREN DAVIS;

CHRISTOPHER MORRISHAW;

MICHAEL SMITH, and on Behalf of all

Others similarly situated,

Plaintiffs,

Vs.

BRIAN FISCHER, Commissioner; LESTER L. WRIGHT, MD, Chief Medical Officer/Deputy commissioner; CARL J. KOENIGSMANN, MD, Chief Medical Officer/Deputy Commissioner; LUCY BUTHER, American's with Disabilities Act Coordinator; ROBERT RAYMOND, American's with Disabilities Act Coordinator; KENNETH S PERLMAN, Deputy Commissioner for Programs; JAMES WALSH, Superintendent; LESLIE MALIN, Deputy Superintedent for
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Programs; LYNN J. LILLEY, Deputy Superintendent for Administration; LISA CHENEL, Senior Correction Counselor/Sensorial Disabled Program Supervisor; PETER COHEN, Social Studies Teacher/Sensorial Disabled Program Instructor/Teacher; . JUNE YVETTE GATEWOOD, Correction Counselor/ Sensorial Disabled Unit Counselor; WLADYSLAW SIDOROWICZ, MD, Facility Health Service Director; BRIAN VILLEGAS, Correction Officer/Law Library Supervisor; NEW YORK DEPARTMENT OF CORRECTIONAL SERVICES; NEW YORK STATE OFFICE OF MENTAL HEALTH; NEW YORK STATE DIVISION OF PAROLE; Individually and in their Official capacities,
Defendants.
JURISDICTION AND VENUE
This is a civil action authorized by 29 U.S.C. §794, 504 of the Rehabilitation Act
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Case 1:11-cv-00176-JLC Document 1 Filed 01/04/11 Page 3 of 22

of 1973, 42 U.S.C. §§ 1983 and 12131, Title· II, American's with ·Disabilities Act, to redress the deprivation, under color of state law, of rights secured by the Constitution of the United States. This Court has jurisdiction under 28 U.S.C. §§1331 and 1343(a)(3). The plaintiffs seeks declaratory relief pursuant to 28 U.S.C.§§ 2201 and 2202. Plaintiffs' claims for injunctive relief are autnorized by 28 U.S.C. §2283 and Rule 56 of the Federal Rules of Civil Procedure.

This Court has supplemental jurisdiction over Plaintiffs' state law claims under 28 U.S.C. §1367.

The Southern District of New York is an

appropriate

venue

under

28

U.S.C.§1391 (b)(2) because it is where the

events giving rise to these claims occurred

and continue to occur.

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PLAINTIFFS
The plaintiff Anthony Medina ("Medina") was incarcerated at the Sing Sing and Sullivan Correctional Faclities during the events described in this complaint.
The plaintiff, Peter Lopez ("Lopez"), was . incarcerated at the Sullivan Correctional Facility during the events described in this complaint.
The Plaintiff, Ling Loet ("Loet"), was incarcerated at the Sullivan Correctional Facility during the events described in this complaint..
The plaintiff, Sharozz Segrene ("Segrene"), was incarcerated at the Sullivan Correctional Facility du,ring the events described in this complaint.
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The plaintiff, PaLlI Ford ("Ford"), was incarcerated at the Sullivan Correctional Facility during the events described in this complaint.
The plaintiff, Kelvin Curran ("Curran"), was incarcerated at the Sullivan Correctional, Facility during the events described in this complaint.
The plaintiff, James Colantuono ("Colantuono"), was incarcerated at. the Sullivan Correctional Facility during the events described in this complaint.
The plaintiff, Darrius Reid ("Reid"), was incarcerated at the Sullivan Correctional Facility during the events described in this complaint.
The plaintiff, Rufino Soto ("Soto"), was incarcerated at the Sullivan Correctional
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Case 1:11-cv-00176-JLC Document 1 Filed 01/04/11 Page 6 of 22
Facility during the events described in this complaint.
The plaintiff, Kevin Jones ("Jones"), was incarcerated at the Sullivan Correctio'nal Facility during the events described in this complaint.
The plaintiff, Ben Rawls ("Rawls"), was incarcerated at the Sullivan Correctional Facility during the events described in this complaint.
The plaintiff, Warren Davis ("Davis"), was incarcerated at the Sullivan Correctional Facility during the events described in this complaint.
The plaintiff, Christopher Morrishaw ("Morrishaw"), was incarcerated at the Sullivan Correctional. Facility during the events described in this complaint.
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DEFENDANTS
Upon information and belief, Defendant Brian Fischer ("Fischer") is the current Commissioner of the New York State Department of Correctional Services ("DOCS"), succeeding Glenn S. Goord on or about January 1, 2007. As Commissioner, Fischer oversees and is. , responsible for all aspects and the overall operation of the Department of Corrections and its employees. This includes the medical departments, Sensorial Disabled Units, and Sensorial Disabled Programs at every DOCS facility, the employees that staff and operate those departments, and the medical and general care those facilities and its staff provide or do not provide to inmates in DOCS custody, and the health and welfare of all the inmates in DOCS custody. Since January 1, 2007, Fischer has been responsible for the Plaintiffs'
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Case 1:11-cv-00176-JLC Document 1 Filed 01/04/11 Page 8 of 22

overall health, safety and well being and

responsible for ensuring the Plaintiffs'

received adequate medical care, adequate

medical

remedies,

adequate

accommodations, equal protection., and due

process of law.

Upon information and belief, Defendant Lester L. Wright, MD, ("Wright") preceded
Karl J. Koenigsmann as· the Chief Medical
Officer of DOCS and served in that capacity prior to and up through April of 2010. At all times mentioned herein when Wright served as Deputy Commissioner and Chief Medical Officer, Wright oversaw and was responsible for all aspects and the overall operation of the medical departments at every DOCS facility, the employees that staff and operate those dep·artments, the medical care those facilities and its staff provide or do not provide to inmates in , DOCS custody, and the health and welfare of all the inmates in DOCS custody. At all
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Case 1:11-cv-00176-JLC Document 1 Filed 01/04/11 Page 9 of 22

times mentioned herein, Wright has been

responsible for the Plaintiffs' overall health,

safety, and well being and responsible for

ensuring the Plaintiffs' received adequate

medical care, adequate medical remedies,

adequate

accommodations,

equal

protection, and due process of law.

Upon information and belief, Defendant . Karl J. Koenigsmann ("Koenigsmann") is
the current Chief Medical Officer/Deputy Commissioner for DOCS, succeeding Lester L. Wright on or about April of 2010. As Chief Medical Officer, Koenigsmann oversees and is responsible for all aspects and the overall operation of the medical departments at every DOCS facility, the employees that that staff and operate those departments, the medical care those facilities and its staff provide or do not provide to inmates in DOCS custody, and the health and welfare of all the inmates in DOCS custody. At all times mentioned
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herein, Koenigsmann has been responsible

for each of the Plaintiff's overall fitness,

safety and well being and responsible for

ensuring the Plaintiffs' received adequate

medical care, adequate medical remedies,

adequate

accommodations,

equal

protection, and due process of law.

Upon information and belief, Defendant Lucy Suther ("Suther") is the current American's with Disabilities Act Coordinator ("ADA Coordinator") for DOCS, succeeding Robert Raymond on or about August of 2010. As the ADA Coordinator, Suther oversees and is responsible for the overall operations of DOCS Sensorial Disabled Units and its employees. This includes the Sensorial Disabled Programs at every DOCS facility, the employees that staff and operate those units and programs, the medical and reasonable accommodations those facilities provide or do not provide to the inmates housed in those units and
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Case 1:11-cv-00176-JLC Document 1 Filed 01/04/11 Page 11 of 22
·programs, and the health and welfare of all inmates housed in those Sensorial Disabled Units. At all times mentioned herein, Buther has been responsible for the Plaintiffs' overall health, safety, and well being and responsible for ensuring the .Plaintiffs' received adequate medical care, adequate medical remedies, adequate reasonable accommodations, equal protection, and due process of law.
Upon information and be~ief, Defendant Robert Raymond ("Raymond") preceded Buther as the ADA Coordinator of DOCS and served in that capacity prior to and up through April of 2010. At all times mentioned herein when Raymond served as ADA Coordinator, Raymond oversaw and. was responsible for all aspects and the overall operation and management of DOCS Sensorial Disabled Units and Programs at every DOCS facility, the employees that staff and operate those
11

Case 1:11-cv-00176-JLC Document 1 Filed 01/04/11 Page 12 of 22
units and programs, the medical ,and reasonable accommodations those facilities and its staff provide or do not provide to inmates housed in the Sensorial Disabled Units. At all times mentioned herein, Raymond has been responsible for the Plaintiff's overall health, safety and ,well being and responsible for ensuring the Plaintiffs received adequate medical care, adequate medical remedies, adequate reasonable accommodations, equal protection, and due process of law.
Upon information and belief, Defendant Kenneth S. Perlman ("Perlman") is and was at all times mentioned in this complaint the Deputy Commissioner of Programs for DOCS. As Deputy Commissioner for Programs, he supervises and manages the overall operations of all DOCS programs, services and activities, including the Sensorial Disabled Programs.
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Upon information and belief, Defendant James Walsh ("Walsh") is and was at all times mentioned in this complaint, the Superintendent of the Sullivan Correctional Facility. As Superintendent, Walsh oversees and is responsible for all aspects and the overall operation of the Sullivan Correctional Facility and its employees. This includes the medical department and Sensorial disabled Unit at Sullivan, the employees that staff and operate that d~partment and unit, and the medical and
r
general care that department and unit and its staff provide or do not provide to inmates at Sullivan, and the health, safety and well being of all inmates in Sullivan custody. . Defendant Walsh is responsible for the Plaintiffs' ,overall .health, safety' and well being and responsible for ensuring the Plaintiffs receive adequate care, adequate medical remedies, adequate reasonable . accommodations, equal protection, and due process of law.
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Upon information and belief, Defendant Leslie Malin ("Malin") is and was at all times mentioned in this complaint, the Deputy Superintendent of Program Services at the Sullivan Correctional Facility. As Deputy Superintendent for Programs, Malin manages and supervises all the day-to-day operations of the facility's programs and executes all program policies and has been responsible for the Plaintiff's overall health, safety and well being and responsible for ensuring the Plaintiffs received adequate medical care, adequate medical remedies, adequate reasonable accommodations, equal protection, and due process of law.
Upon information and belief, Defendant Lynn J. Lilley ("Lilley") is and was at all times mentioned in this complaint, the Deputy Superintendent of Administration at
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Case 1:11-cv-00176-JLC Document 1 Filed 01/04/11 Page 15 of 22
the Sullivan Correctional Facility. As Deputy Superintendent for Administration, Lilley manages and supervises all the day-to-day operations of the facility's administration, including the medical department and the employees that staff the medical 'department and has been responsible for the Plaintiff's .overall health, safety and well being and responsible for ensuring the Plaintiffs received adequate medical care, adequate medical remedies, adequate reasonable accommodations, equal protection, and due process of law.
Upon information and belief, Defendant Lisa Chenel ("Chenel") is and was at all times mentioned in this complaint,a Senior Correction Counselor at the Sullivan Correctional Facility. As Senior Counselor, one of Chenel's duties was to manage the overall operations of the Sensorial Disabled Unit and Program, supervise the employees
1~

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that staff that Program, and ensure inmates

housed 'in the Sensorial Disabled Unit are

provided with adequate medical care and

adequate

accommodations,

equal

treatment and due process of law.

Upon information and belief, Defendant Peter Cohen is and was at all times mentioned in this complaint, a .social studies teacher, and the de facto Instructor for the Blind and supervisor of the Sensorial Disabled Program at the Sullivan Correction Facility. As the de facto supervisor of the Sensorial Disabled Program, Cohen manages the overall operations of the Sensorial Disabled Program and the reasonable accommodations provided to sensorial disabled inmates, including those accommodations provided or not provided to Plaintiffs.

Upon information and belief, Defendant June Yvette Gatewood is and was at all
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times mentioned in this complaint, a Correction Counselor for the Sensorial Disabled Program.
Upon information and belief, Defendant Wladyslaw Sidorwicz is and was at all times mentioned in this complaint, the Facility Health Service Director. at the Sullivan Correction-al Facility. In that capacity, Sidorwicz was the primary medical care provider for all inmates at the Sullivan Correctional Facility, and is and was responsible for the Plaintiffs' overall health, safety, and -well being and responsible for ensuring Plaintiffs received adequate medical care, adequate medical remedies, adequate reasonable accommodations, -equal protection, and due process of law.
Upon information and belief, Defendant Brian Villegas is and was at all times mentioned in this complaint, a Correction
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Case 1:11-cv-00176-JLC Document 1 Filed 01/04/11 Page 18 of 22
Officer at the Sullivan Correctional Facility. In that capacity, Villegas is assigned to supervise the facility's law "library and· ensure that all sensorial disabled inmates, including the plaintiffs, have equal access to the law library, it materials, and accommodating devices and aids when in the law library.
Upon information and belief, Defendant New York State Department of Correctional Services ("DOCS") is and was at all times mentioned in this complaint, a branch and entity of the State of New York. In that capacity, DOCS is responsible for the overall management and supervision of its facilities and employees who staff those facilities, and the overall care of all inmates in it custody, including the Plaintiffs.
Upon information and belief, Defendant New York State Office of' Mental Health ("OMH") is and was at all times mentioned·
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in this complaint, a branch and entity of the State of New York. OMH is responsible for the overall mental health treatment for all inmates in DOCS cu~tody with mental disease or defects, and the overall management and supervision of its departments in each DOCS facility, and the employees who staff those departments.
Upon information and belief, Defendant New York State Division of Parole ("DOP") is and was at all times mentioned in this complaint, an executive branch and agency of the State. of New York. In that capacity, DOP performs the function ensuring that inmates are properly rehabilitated and equipped to function productively in society, if released, under DOP's supervision.
The Defendants, New York State Department of Correctional Services, New York State Office of Mental Health, and New York State Division of Parole are all
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Case 1:11-cv-00176-JLC Document 1 Filed 01/04/11 Page 20 of 22
sued only in their official capacities. All other named defendants are sued in their individual and official capacities.
EXHAUSTION OF ADMINISTRATIVE REMEDIES
The Plaintiffs have exhausted all ava'ilable administrative remedies. The Plaintiffs disability or the Defendants' failure to accommodate the Plaintiffs is the reason why some of the claims raised herein may not have been exhausted.
PRELIMINARY STATEMENT
This is a civil rights action brought by fourteen ~ visually impaired and blind prisoners under Section 504 of the Rehabilitation Act, 29 U.S.C §794, Title II of the American's with Disabilities Act, 42 U.S.C. §12131, and 42 U.S.C. §1983, and New York's Human Rights Law, Executive Law §§292 et seq., seeking injunctive relief,
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Case 1:11-cv-00176-JLC Document 1 Filed 01/04/11 Page 21 of 22
declaratory relief, and prospective relief, for the deprivation of the plaintiffs' rights secured by the United States Constitution and federal statutes. Defendants, either individually, in their official capacities, or through their agents, representatives, officers, and/or employees, deprived and continue to deprive the plaintiffs' of their constitutional and statutory rights while acting under color of state law, insomuch as they failed and continue to fail to provide the visu.ally impaired and blind plaintiffs with adequate medical care, reasonable modifications and accommodating aids and devices, in violation of the American's With Disabilities Act, 504 of the Rehabilitation Act and New York's Human Rights Law, which ·has. caused unnecessary pain and suffering .in violation of the Eighth Amendment of the United· States Constitution, have been and continue to be deliberately indifferent to plaintiffs' health, safety and well being in violation of the
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Case 1:11-cv-00176-JLC Document 1 Filed 01/04/11 Page 22 of 22
Eighth Amendment of the United States Constitution, infringed on plaintiffs' privacy in violation of the First Amendment of the United States Constitution, and denied plaintiffs equal protection and due process under the laws in violation of the Fourteenth Amendment of the United States Constitution.
PLAINTIFFS' MEDICAL BACKROUND
Mr. Medina's Disability
Plaintiff Medina has been diagnosed with advanced keratoconus, a degenerative condition, affecting both eyes.
Plaintiff Medina also suffers from photophobia and a topographical stigmatism.
Plaintiff Medina is legally blind.
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 Case 1:11-cv-00176-JLC Document 182 Filed 03/04/14 Page 1 of 61

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK

USDCSDNY DOCUMENT ELECfRONICALLY FILED DOC#: ______~____
DATE FILED: .3 /'f/1'1

ANTHONY MEDINA, KELVIN CURRAN, JAMES COLANTUONO, WARREN DAVIS, KEVIN JONES, PETER LOPEZ, CHRISTOPHER MORRISHAW AND MICHAEL SMITH, individually and on behalfofothers similarly situated,

Plaintiffs,

-against-

THE NEW YORK STATE DEPARTMENT OF CORRECTIONS AND COMMUNITY SERVICES; BRIAN FISCHER, COMMISSIONER OF THE NEW YORK STATE DEPARTMENT OF CORRECTIONS AND COMMUNITY SERVICES; LUCY BUTHER, ADA COORDINATOR OF THE NEW YORK STATE DEPARTMENT OF CORRECTIONS AND COMMUNITY SERVICES; PATRICKJ. GRIFFIN, SUPERINTENDENT OF SULLIVAN CORRECTIONAL FACILITY; DARROW CUNNINGHAM, DEPUTY SUPERINTENDENT OF PROGRAMS FOR SULLIVAN CORRECTIONAL FACILITY; CHRISTOPHER KARSON, ASSISTANT DEPUTY SUPERINTENDENT OF PROGRAMS FOR SULLIVAN CORRECTIONAL FACILITY; DALE ARTUS, SUPERINTENDENT OFi WENDE CORRECTIONAL FACILITY; AND KAREN CROWLEY, DEPUTY SUPERINTENDENT OF PROGRAMS FOR WENDE CORRECTIONAL FACILITY,

11 Civ. 176 (LAP) (JLC) ECF Case

Defendants.

ORDER CERTIFYING SETTLEMENT CLASS, 
 APPOINTING CLASS REPRESENTATIVES AND CLASS COUNSEL, 
 PRELIMINARILY APPROVING THE PARTIES' PRIVATE SETTLEMENT 
 AGREEMENT, AND PROVIDING FOR NOTICE TO CLASS MEMBERS 

WHEREAS, on January 4, 2011, Anthony Medina, Kelvin Curran, Warren Davis,
Kevin Jones, Peter Lopez and Michael Smith ("Named Plaintiffs"), along with James

Case 1:11-cv-00176-JLC Document 182 Filed 03/04/14 Page 2 of 61 2
Colantuono, Paul Ford, Christopher Morrishaw, Ling Loet, Ben Rawls and Darrius Reid ("Dismissed Plaintiffs"), commenced an action against the New York State Department of Corrections and Community Supervision ("DOCCS"), DOCCS Commissioner Brian Fischer, DOCCS ADA Coordinator Lucy Buther, Sullivan Correctional Facility ("Sullivan") Superintendent Patrick J. Griffin, Sullivan Deputy Superintendent of Programs Darrow Cunningham, Sullivan Assistant Deputy Superintendent of Programs Christopher Karson, Acting Superintendent of Wende Correctional Facility ("Wende") Dale Artus, and Wende Deputy Superintendent of Programs Karen Crowley, in their official capacities (collectively, "Defendants"), captioned Medina et at. v. Fischer et at. , 11 Civ. 176 (S.D.N.Y.) (the "Action");
WHEREAS, Acting Commissioner Anthony Annucci has been automatically substituted as a defendant for former Commissioner Fischer and Acting Superintendent Thomas Sticht has been substituted as a defendant for former Superintendent Dale Artus, pursuant to Fed. R. Civ. P. 25(d);
WHEREAS, Named Plaintiffs, along with James Colantuono, Paul Ford, Christopher Morrishaw and Darrius Reid filed an Amended Complaint on March 10, 2011;
WHEREAS, Named Plaintiffs, along with James Colantuono and Christopher Morrishaw, filed a Second Amended Complaint on April 30,2012 (the "Complaint");
WHEREAS, Dismissed Plaintiffs have all voluntarily dismissed their claims against the Defendants or their claims are moot;
WHEREAS, on behalf of themselves and putatively on behalf of a class of others similarly situated, Named Plaintiffs allege violations of the Americans with Disabilities Act ("ADA"), 42 U.S.C. § 12132, and Section 504 of the Rehabilitation Act, 29 U.S.c.

Case 1:11-cv-00176-JLC Document 182 Filed 03/04/14 Page 3 of 61 3
§ 794, relating to their visual impainnents and arising out of the conditions of their confinement at Sullivan and Wende;
WHEREAS, at the direction and with the assistance of the Court, the Parties have engaged in settlement discussions;
WHEREAS, the Parties now desire to settle the Action on the tenns set forth in their proposed settlement agreement (the "Private Settlement Agreement");
WHEREAS, Named Plaintiffs, Defendants, and their respective counsel have detennined that the proposed Private Settlement Agreement is fair, reasonable, and adequate; in the best interests of the Named Plaintiffs and the members of the Class; and that it confers substantial benefits upon the members of the Class;
WHEREAS, the Defendants deny any wrongdoing and any liability to the Plaintiffs, deny the material allegations asserted in the Action, assert certain defenses, and state that they are entering into this Agreement solely to eliminate the uncertainties, burden and expense of further litigation;
WHEREAS, the Parties having made ajoint application, pursuant to Rule 23 of the Federal Rules of Civil Procedure, for an Order Certifying Settlement Class, Appointing Class Representatives and Class Counsel, Preliminarily Approving the Parties' Private Settlement Agreement and Providing for Notice to Class Members as more fully described herein;
WHEREAS, the Court having read and considered the Parties' motion for preliminary approval of the proposed Private Settlement Agreement and the papers filed and arguments made in connection therewith, consisting of: (i) the Joint Motion for Class Certification in Connection with Settlement, Appointment of Class Representatives and Class Counsel, Preliminary Approval of the Parties' Private Settlement Agreement, and

Case 1:11-cv-00176-JLC Document 182 Filed 03/04/14 Page 4 of 61
4
Approval ofNotice to Class Members; (ii) the Private Settlement Agreement (attached as Exhibit I to this Order); (iii) the proposed Final Judgment and Proposed Order of Dismissal with Prejudice (attached as Exhibit 2 to this Order); and (iv) the Notice of Settlement of Class Action (attached as Exhibit 3 to this Order);
WHEREAS, unless otherwise defined herein, all capitalized words contained herein shall have the same meanings as they have in the Private Settlement Agreement; and
WHEREAS, the parties have consented, under Rule 73(b) ofthe Federal Rules of Civil Procedure and 28 U.S.C. § 636(c), to proceed before the undersigned for all purposes relating to the parties' Private Settlement Agreement, their Joint Motion for Class Certification, the Fairness Hearing, and all related settlement and class-certification proceedings, including entering a Final Judgment and Order of Dismissal with Prejudice;
NOW THEREFORE, IT IS HEREBY ORDERED: 1. Class Action: The Court hereby certifies the Action as a class action pursuant to Rules 23(a) and 23(b)(2) ofthe Federal Rules of Civil Procedure, for the purposes of the settlement set forth in the proposed Private Settlement Agreement and for no other purpose. 2. Class Certification: The Court hereby certifies the Class consisting of all Legally Blind and Severely Visually Impaired prisoners who are incarcerated at Sullivan or Wende or who become incarcerated at Sullivan or Wende during the duration of the Private Settlement Agreement. The foregoing Class is certified for the purposes ofthe settlement set forth in the proposed Private Settlement Agreement and for no other purpose.

Case 1:11-cv-00176-JLC Document 182 Filed 03/04/14 Page 5 of 61 5
3. Appointing Plaintiffs' Counsel: The Court appoints Plaintiffs' Counsel as counsel for the Class pursuant to Rule 23(g) of the Federal Rules of Civil Procedure.
4. Preliminary Approval of the Private Settlement Agreement: The Court hereby preliminarily approves the settlement, set forth in the proposed Private Settlement Agreement as fair, reasonable, adequate and in the best interests of Named Plaintiffs and members of the Class, subject to further consideration at the Fairness Hearing.
5. Fairness Hearing: The Court will hold a Fairness Hearing on April 21, 2014 at 10:00 a.m. at the United States District Court for the Southern District of New York, 500 Pearl Street, New York, New York, in Courtroom 2l-D. At the Fairness Hearing, the Court will determine whether the settlement as set out in the proposed Private Settlement Agreement is fair, reasonable, and adequate. The Court will further determine at the Fairness Hearing whether a Final Judgment and Order of Dismissal with Prejudice should be entered, the entry of which is a condition of the Private Settlement Agreement.
6. Form of Notice: The Court hereby approves the Notice of Settlement of Class Action in the form attached hereto as Exhibit 3.
7. Method for Giving Notice: Notice of the proposed settlement and of the Fairness Hearing shall be given as follows:
(i) Not later than five (5) calendar days after the entry of this Order, Plaintiffs' counsel shall provide Defendants' counsel with one hundred copies of the Notice of Settlement of Class Action, including the proposed Private Settlement Agreement, substantially in the forms attached hereto as Exhibits 1 and 3

Case 1:11-cv-00176-JLC Document 182 Filed 03/04/14 Page 6 of 61 6
except in 18 point font ("Large Print"), to be posted in the Housing Block or Resource Room in each of Sullivan and Wende and disseminated to members of the Class as contemplated in 6(ii)-(iii) herein; (ii) Not later than fifteen (15) calendar days after the entry of this Order, DOCCS shall post in the Housing Block or Resource Room copies of the Notice of Settlement of Class Action, including the proposed Private Settlement Agreement, as provided by Plaintiffs' counsel pursuant to 6(i) above; (iii) Not later than fifteen (15) calendar days after the entry of this Order, DOCCS shall provide all members of the Class with the Notice of Settlement of Class Action, including the proposed Private Settlement Agreement, as provided by Plaintiffs' counsel pursuant to 6(i) above; (iv) Each member of the Class who requests assistance in order to be able to read the content of the Notice of Settlement of Class Action and the proposed Private Settlement Agreement will be provided with appropriate Reasonable Accommodations, such as assistance from an Inmate Mobility Aid or law clerk, within ten (10) days of such a request; (v) Not later than twenty (20) calendar days after the entry of this Order, Defendants' counsel will provide Plaintiffs' counsel with the number of Class members at each facility and confirmation that each member of the Class has received the Notice of Settlement of

Case 1:11-cv-00176-JLC Document 182 Filed 03/04/14 Page 7 of 61 7

Class Action, including the Private Settlement Agreement, in

Large Print as provided by Plaintiffs' counsel pursuant to 6(i)

above.

8. Period of written objections: Any member of the Class may submit to

the Court written objections to the Private Settlement Agreement. In determining

whether the settlement is fair, reasonable, and adequate, the Court will consider any

objections sent before April 8, 2014. The parties will have until April 15, 2014 to

submit any additional papers in support of final approval of the Private Settlement

Agreement, and/or in response to any objections that may be submitted to the Court. The

Court will place on the Court's docket copies of any objections that it receives in order to

make them available to the parties.

9.

Enjoining prosecution: The Court hereby enjoins prosecution of any

action or claims that are subject to the release and dismissal as Released Claims

contemplated in the Private Settlement Agreement, subject to modification, amendment,

or termination of this injunction after the Fairness Hearing or on further application and

good cause shown.

In light of this Order, the Clerk is directed to close the Joint Motion (Dkt. No.

175).

SO ORDERED.

Dated: New York, New York March 4,2014

Case 1:11-cv-00176-JLC Document 182 Filed 03/04/14 Page 8 of 61
Exhibit 1 


Case 1:11-cv-00176-JLC Document 182 Filed 03/04/14 Page 9 of 61

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK

ANTHONY MEDINA, KELVIN CURRAN, JAMES COLANTUONO, WARREN DAVIS, KEVIN JONES, PETER LOPEZ, CHRISTOPHER MORRISHAW AND MICHAEL SMITH, individually and on behalfofothers similarly situated,

Plaintiffs,

-against-

THE NEW YORK STATE DEPARTMENT OF CORRECTIONS AND COMMUNITY SERVICES; BRIAN FISCHER, COMMISSIONER OF THE NEW YORK STATE DEPARTMENT OF CORRECTIONS AND COMMUNITY SERVICES; LUCY BUTHER, ADA COORDINATOR OF THE NEW YORK STATE DEPARTMENT OF CORRECTIONS AND COMMUNITY SERVICES; PATRICK J. GRIFFIN, SUPERINTENDENT OF SULLIVAN CORRECTIONAL FACILITY; DARROW CUNNINGHAM, DEPUTY SUPERINTENDENT OF PROGRAMS FOR SULLIVAN CORRECTIONAL FACILITY; CHRISTOPHER KARSON, ASSISTANT DEPUTY SUPERINTENDENT OF PROGRAMS FOR SULLIVAN CORRECTIONAL FACILITY; DALE ARTUS, SUPERINTENDENT OF WENDE CORRE<:::TIONAL FACILITY; AND KAREN CROWLEY, DEPUTY SUPERINTENDENT OF PROGRAMS FOR WENDE CORRECTIONAL FACILITY,

11 Civ. 176 (LAP)(JLC) ECFCase

Defendants.

PRIVATE SETTLEMENT AGREEMENT This Private Settlement Agreement (the "Agreement") is made this 28th day of February, 2014, by, between and among Anthony Medina, Kelvin Curran, Warren Davis,

Case 1:11-cv-00176-JLC Document 182 Filed 03/04/14 Page 10 of 61
Kevin Jones, Peter Lopez and Michael Smith ("Named Plaintiffs") and the New York State Department of Corrections and Community Supervision ("DOCCS"), Acting DOCCS Commissioner Anthony 1. Annucci, DOCCS ADA Coordinator Lucy Buther, Sullivan Correctional Facility ("Sullivan") Superintendent Patrick 1. Griffin, Sullivan Deputy Superintendent of Programs Darrow Cunningham, Sullivan Assistant Deputy Superintendent of Programs Christopher Karson, Acting Superintendent of Wende Correctional Facility ("Wende") Thomas Sticht, and Wende Deputy Superintendent of Programs Karen Crowley, in their official capacities (collectively, "Defendants"). I Named Plaintiffs and Defendants are referred to collectively as "the Parties", and each Plaintiff and each Defendant as "a Party".
WHEREAS, Named Plaintiffs, along with James Colantuono, Paul Ford, Christopher Morrishaw, Ling Loet, Ben Rawls and Darrius Reid, commenced an action against Defendants on January 4,2011, captioned Medina et al. v. Fischer et al., 11 Civ. 176 (S.D.N.Y.) ("the Action');
WHEREAS, Named Plaintiffs, along with James Colantuono, Paul Ford, Christopher Morrishaw and Darrius Reid filed an Amended Complaint on March 10, 2011 ;
WHEREAS, Named Plaintiffs, along with James Colantuono and Christopher Morrishaw, filed a Second Amended Complaint on April 30, 2012 ("the Complaint");
Acting Commissioner Annucci was automatically substituted for former Commissioner Fischer and Acting Superintendent Thomas Sticht for former Superintendent Dale Artus, pursuant to Fed. R. Civ. P.25(d).
2

Case 1:11-cv-00176-JLC Document 182 Filed 03/04/14 Page 11 of 61
WHEREAS, James Colantuono, Paul Ford, Christopher Morrishaw, Ling Loet, Ben Rawls and Darrius Reid have voluntarily dismissed their claims against the Defendants or their claims are moot;
WHEREAS, on behalf of themselves and putatively on behalf of a class of others similarly situated, Named Plaintiffs allege violations ofthe Americans with Disabilities Act ("ADA"), 42 U.S.C. § 12132, and Section 504 of the Rehabilitation Act, 29 U.S.C. § 794, arising out of the conditions of their confinement by DOCCS relating to their visual impainnents;
WHEREAS, Defendants adopted Directive 2612, 'Inmates with Sensorial Disabilities', prior to the commencement of this Action, and assert that they have provided Legally Blind/Severely Visually Impaired prisoners with accommodations similar to many of those described below;
WHEREAS, nothing in this Agreement shall be read to imply that DOCCS was or was not already providing any of the accommodations set forth herein;
WHEREAS, at the direction and with the assistance of the Court, the Parties have engaged in settlement discussions;
WHEREAS, Named Plaintiffs and Plaintiffs' Counsel have detennined that, in their judgment, the settlement set forth in this Agreement is fair, reasonable and adequate and in the best interests of the Named Plaintiffs and the members of the Class, and that it confers substantial benefits upon the Named Plaintiffs and the members of the Class;
WHEREAS, Named Plaintiffs and Plaintiffs' Counsel further recognize and acknowledge the length of continued proceedings necessary to prosecute the claims asserted in the Complaint against the Defendants through trial, and have considered the
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uncertain outcome and the risk of any litigation, as well as the difficulties and delays
inherent in any such litigation, and believe it is desirable that the Released Claims be
fully and finally compromised, settled and resolved with prejudice as set forth herein;
WHEREAS, Defendants have denied that they have committed any act or
omission giving rise to any liability or violation of law; and
WHEREAS, the Parties now desire to settle the Action on the terms set forth
herein, with no admission of liability by any Party;
NOW THEREFORE, in consideration of their mutual promises and obligations
set forth herein, the sufficiency of said consideration being hereby acknowledged, IT IS
HEREBY AGREED AS FOLLOWS:
I. Definitions As used herein, the following terms shall have the following meanings:
A. 20120 pen - a felt tip marker that allows LB/SVI prisoners to write in large, dark characters;
B. The Class - all LB/SVI prisoners who are incarcerated at Sullivan or Wende or who become incarcerated at Sullivan or Wende during the duration of this Agreement (see infra Section III);
c. Court - the United States District Court for the Southern District of New
York, which has jurisdiction over the Action; D. DOCCS - the New York State Department of Corrections and Community
Supervision; E. DOCCS Medical Professional - a person with a medical license or
certification, such as a physician, physician's assistant, nurse practitioner, ophthalmologist or low vision specialist, who is employed by DOCCS; F. Effective Date - the date of the last to occur of (a) final approval by the Court of Certification of the Class; (b) final approval by the Court of this Agreement; and (c) entry of a Final Judgment and Order of Dismissal With Prejudice, substantially in the form attached hereto as Exhibit C, dismissing the Action;
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G. Full Complement of Assistive Programs computer programs that enlarge or magnify text and provide texHo;.speech or screen-reading abilities for use by LB/SVI prisoners. The text-to-speech or screen-reading programs should include, at least: voice read-back (audio reading of printed text), labels on the applications' graphics to ease identification of features, light bar tracking to improve access to graphicslmenus!buttonslicons, audible signals to alert the user to capitalization and format changes when proof reading, and a read-to-end feature for reading non-stop from the beginning to the end of a document. The screen magnification program should include at least: screen magnification for all features on a screen and customizable enhancements to on-screen colors, pointers and cursors. To the extent that technology changes Significantly during the duration of this Agreement such that the foregoing features are no longer useful or necessary to further the purpose of this provision and Agreement generally, the Parties will negotiate in good faith to replace this definition with a definition that will, to the greatest extent possible, serve the original purpose of this provision and Agreement. Nothing in this provision shall require DOCCS to update technology if existing programs are functional and have the enumerated features in this provision;
H. General Population - housing area at Sullivan or Wende where prisoners, including LB/SVI prisoners, are normally housed when they are not in Protective Custody, SHU, a medical or mental health housing unit, or the Special Needs Unit;
I. Housing Block - General Population area(s) in Sullivan or Wende where LB/SVI prisoners are housed;
J. Instructor for the Blind - the person who is primarily responsible for running the Resource Room and assisting LB/SVI prisoners. This position is also referred to as "Teacher", "Teacher for the Blind" or "InstructorlTeacher for the Blind";
K. Large Print - print equal to or larger than 18 point font;
L. LB/SVI - meeting the criteria of Legally Blind and/or Severely Visually Impaired;
M. Legally Blind ("LB") - (a) having visual acuity of 201200 or less in the better eye, measured with best correction, or (b) having a visual field of no greater than 20 in the better eye; .
N. Plaintiffs' Counsel- counsel representing Named Plaintiffs, consisting of: The Legal Aid Society, specifically John Boston, Milton Zelermyer and Veronica Vela, and Paul, Weiss, Ritkind, Wharton & Garrison LLP,
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Case 1:11-cv-00176-JLC Document 182 Filed 03/04/14 Page 14 of 61
specifically Daniel J. Kramer and Eric Alan Stone and those Paul, Weiss attorneys working at their direction;
O. Operational - any concern that affects the day-to-day management and administration of a correctional facility other than security or cost concerns, including, but not limited to, staff scheduling or other labor­ related issues, supplies, or the logistics of prisoner movement or programs.
P. Outside Medical Specialist - a person with a medical license or certification, such as a physician, physician's assistant, nurse practitioner, ophthalmologist, or low vision specialist, who is not employed by DOCCS;
Q. Pit Area - the location within Sullivan's SDP Housing Block designated for watching television;
R. Prisoner - a person in the custody of DOCCS. Where used without a capital "p," the term shall have the same meaning as it does when capitalized;
S. Protective Custody shall have the meaning as defined under DOCCS Directive 4948;
T. Reasonable Accommodation(s) this term shall have the meaning ascribed to it in the Americans with Disabilities Act, 42 U.S.C. § 12101 et seq., any regulations thereunder and any applicable case law;
U. Released Claims - claims released i'1fra in Section VII;
V. Resource Room - the room in Sullivan or Wende where staff assists LB/SVI prisoners and where computer equipment and assistive devices are located;
W. SDP - Sensorially Disabled Program;
X. SDP/SDU-designated facility those facilities referred to under Directive 2612 III(C) as able to accommodate LB/SVI prisoners;
Y. SDU Sensorially Disabled Unit;
Z. Severely Visually Impaired ("SVI") - (a) having visual acuity of 20170 or less in the better eye, measured with best correction, or (b) having a visual field of no greater than 40 in the better eye;
AA. Special Housing Unit ("SHU") - the housing block where prisoners are temporarily housed, apart from the General Population, after a serious
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disciplinary violation at Sullivan or Wende, currently known as the Special Housing Unit;
BB. Sullivan the Sullivan Correctional Facility;
cc. Teacher for the Blind - see Instructor for the Blind;
DD. Triggering Events - (1) a diagnosis as LB/SVI or a significant change in an LB/SVI prisoner's visual function as detennined by either a DOCCS Medical Professional or an Outside Medical Specialist; (2) arrival at a new DOCCS SDP/SDU-designated facility following transfer; (3) a change in the prisoner's activities, such as a placement in a new vocational, educational or recreational activity, that might require additional accommodation; and (4) any other change in a prisoner's circumstance that DOCCS detennines in good faith would make reassessment of Reasonable Accommodations appropriate; and
EE. Wende the Wende Correctional Facility.
II. Substantive Terms of the Parties' Private Settlement Agreement
A. Assessment of LB/SVI Prisoners
1. Upon intake, an initial assessment will be made of each LB/SVI prisoner's academic, program, vocational and other accommodation needs.
2. Upon the occurrence of a Triggering Event, DOCCS shall reassess each LB/SVI prisoner's Reasonable Accommodations. These assessments shall include a review of the prisoner's medical records, including any records from Outside Medical Specialists, and a conversation with the prisoner regarding his vision impainnent and the adequacy of any accommodations he is then receiving.
3. At a minimum, DOCCS shall assess each LB/SVI prisoner's accommodations every two years.
B. Corrective Lenses and Glasses
I. Replacement of Corrective Lenses and Glasses
(a) DOCCS shall replace corrective lenses or glasses for LB/SVI prisoners whenever damaged or lost.
(b) The replacement corrective lenses or glasses shall be provided to the LB/SVI prisoner at no cost unless DOCCS
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Case 1:11-cv-00176-JLC Document 182 Filed 03/04/14 Page 16 of 61
can demonstrate that the prisoner negligently or intentionally broke or lost the lenses or glasses, in which case the LB/SVI prisoner will have to pay for the replacement lenses or glasses. Such demonstration may include repeated breaking or losing of such glasses or lenses.
2. Effectiveness of Correction
DOCCS shall not deny an LB/SVI prisoner Reasonable Accommodations appropriate to his uncorrected vision if a DOCCS Medical Professional determines in good faith that he is not able to effectively use the corrective lenses or glasses that DOCCS has provided.
3. Downgrading of Visual Disability Classification
(a) DOCCS shall not change an LB/SVI prisoner's visual disability classification from LB to SVI or from LB/SVI to not visually impaired until the prisoner has been physically offered appropriate corrective lenses or glasses and he has either accepted or rejected those lenses.
(b) If a formerly LB/SVI prisoner, whose visual disability classification has been downgraded to a classification of not visually impaired but who needs corrective lenses or glasses to see properly, loses, breaks, or is otherwise not in possession of his corrective lenses or glasses for more than seven (7) days, DOCCS shall grant a request for Reasonable Accommodations for his vision impairment despite the fact that he has been re-classified as not visually impaired, unless DOCCS can demonstrate that the prisoner negligently or intentionally broke the lenses or glasses. Such demonstration may include repeated breaking or losing of such glasses or lenses.
C. Individual Reasonable Accommodations
1. Requests for Reasonable Accommodations
When considering an individual request for Reasonable Accommodation, DOCCS will consider similar requests that have been made by other prisoners at the facility within the past six (6) months.
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2. Provision of Reasonable Accommodations
(a) DOeeS shall provide each LB/SVI prisoner with any Reasonable Accommodations recommended for that prisoner by either a DOeeS Medical Professional or an Outside Medical Specialist unless DOeeS can provide a security, substantial Operational or substantial cost reason for not providing that prisoner with that accommodation, in which case DOeeS shall explain its reason in writing to the prisoner. If the Reasonable Accommodation is denied for a security reason, no further explanation beyond this statement need be given.
(b) Doees shall provide an LB/SVI prisoner with only those Reasonable Accommodations: (i) that the LB/SVI prisoner has requested and for which he has been approved; (ii) to which the LB/SVI prisoner has agreed~ or (iii) despite the prisoner's not having requested or agreed, that have been deemed necessary by DOeeS for that prison. This provision shall not be construed so as to entitle a prisoner to a different accommodation that serves the same accommodation purpose as the accommodation offered and rejected.
(c) LB/SVI prisoners housed at Wende may request individual permission to wear an identification vest instead of using a guidance cane. Upon such a request, DOeeS shall consult with Wende Medical Staffand if the prisoner does not need a guidance cane, the prisoner will instead be permitted to wear an identification vest.
(d) For LB/SVI prisoners who require sunglasses to protect their vision, DOeeS shall provide LB/SVI prisoners with one pair ofsunglasses, free of cost. DOeeS shall consider the LB/SVI prisoner's specific condition/disability and consult medical staff before providing the LB/SVI prisoner with a particular pair of sunglasses. Where appropriate, DOeeS shall provide sunglasses that do not impede the prisoner's peripheral vision.
(e) In the event that DOeeS limits the amount of blank writing paper that a prisoner may keep in his cell at any given time in SHU or Protective Custody, DOCCS shall permit LB/SVI prisoners to keep twice the amount of paper that non-visually impaired prisoners are permitted to keep, subject to security or fire safety concerns. Nothing
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precludes LB/SVI prisoners from requesting more bold­ lined paper than the amount to which they are entitled under this term. If such a request is made, DOCCS will consult with the Instructor for the Blind or other person appropriately trained in assisting LB/SVI prisoners to determine if additional paper is an appropriate Reasonable Accommodation for that LB/SVI prisoner's individual need.
(f) In the event that DOCCS limits the amount of blank writing paper that a prisoner may keep in his cell, if an LB/SVI prisoner needs additional sheets of paper to do legal work, DOCCS shall evaluate such request under Directive 4483, which allows prisoners' requests for an unusual quantity of paper to be granted if the prisoner can verify the scope of his current legal research or writing need. DOCCS shall take into consideration an LB/SVI prisoner's need for additional sheets of paper beyond those normally utilized by a non-visually impaired prisoner in granting a request under Directive 4483 for additional blank paper for legal work.
(g) Upon request, DOCCS shall provide LB/SVI prisoners with bold-lined paper in lieu of blank writing paper wherever a person who is not visually impaired would be entitled to free blank writing paper. DOCCS shall not subject bold­ lined paper to any additional restrictions beyond those placed on blank writing paper for non-visually impaired prisoners.
(h) DOCCS shall provide LB/SVI prisoners in SHU or Protective Custody with at least two 20/20 pens for in-cell use and shall replace them as needed. LB/SVI prisoners housed in other locations may obtain, by request or purchase, 20/20 pens for in-cell use.
(i) LB/SVI prisoners who are determined to be photosensitive by a DOCCS Medical Professional or Outside Medical Specialist may request to have the ceiling/overhead lights turned off in their cells or to use a low wattage lamp provided by DOCCS in lieu of the overhead lights in their cell, except during the count, meals and cell removal. Such requests will be evaluated on a case-by-case basis.
G) The person in charge of providing Reasonable Accommodations at each facility, or if unavailable, another
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Case 1:11-cv-00176-JLC Document 182 Filed 03/04/14 Page 19 of 61
staff person, shall make rounds at least one time per week to see LB/SVI prisoners who are not housed in General Population, including those in SHU, Protective Custody, and MHU, and provide those prisoners with Reasonable Accommodations as appropriate.
3. Removal of Reasonable Accommodations
(a) When an LB/SVI prisoner receives a correction for his vision impairment that results in a change of his classification from LB to SVI or from LB/SVI to not visually impaired, DOCCS shall not discontinue that prisoner's access to a previously approved accommodation without first consulting with a medical professional.
(b) If DOCCS determines that a removal of a previously approved accommodation is justified, as provided for above, DOCCS will provide the reasons for that decision, in writing, to the prisoner.' If the Reasonable Accommodation is removed for a security reason, no further explanation beyond this statement need be given.
(c) Nothing in this Agreement shall be construed to prevent DOCCS from removing an accommodation if staff determines that allowing the prisoner to possess the accommodation presents a security risk to himself or others.
D. Technology
1. Instruction
(a) DOCCS shall provide, upon request, instruction on the proper use of all available assistive devices in the Resource Room for LB/SVI prisoners, including the various uses of assistive software and other computer technology.
(b) DOCCS shall inform prisoners about the instruction available to them on the proper use of the available devices. A copy of Attachment D to Directive 2612, which lists standard available accommodations, shall be posted in Large Print on the Housing Block with the words "Instruction Available on Use of All Accommodations" printed on the page.
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2. Resource Room
(a) DOCCS shall provide, upon request, removable glare screens for use by LB/SVI prisoners on computers.
(b) DOCCS shall maintain at least three computers at each facility Resource Room with the Full Complement of Assistive Programs, subject to the provisions on Repairing/Updating Technology (infra II.D.9).
(c) DOCCS shall allow prisoners to use headphones with the SARA scanner, or the equivalent device, and provide headphones for that purpose.
3. General Library
(a) DOCCS shall provide, upon request, removable glare screens for use by LB/SVI prisoners on computers.
(b) In each of Sullivan and Wende, DOCCS shall add at least one computer to the general library with the Full Complement of Assistive Programs, subject to the provisions on RepairinglUpdating Technology (infra II.D.9).
(c) In each of Sullivan and Wende, DOCCS shall maintain at least one computer in the general library with the Full Complement of Assistive Programs, subject to the provisions on Repairing/Updating Technology (infra II.D.9).
(d) LB/SVI prisoners shall have priority access to the computer .with the Full Complement of Assistive Programs in the General Library.
4. Educational Classrooms
(a) If computers are available in the educational classrooms, DOCCS shall provide, upon request, removable glare screens for use by LB/SVI prisoners on computers.
(b) DOCCS will provide enlarged text materials to LB/SVI prisoners who are approved for Large Print as a Reasonable Accommodation. DOCCS will not unreasonably deny requests by an LB/SVI prisoner participating in an academic program administered by DOCCS for Reasonable Accommodations to use in that academic program,
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including, but not limited to, SARA scanners and electronic magnifiers (e.g., CCTVs or portable CCTVs).
5. Housing Block
(a) DOCCS shall make available on the Housing Block an electronic magnification device, upon request.
(b) DOCCS shall provide on the Housing Blocks, one or more typewriters, which LB/SVI prisoners will be permitted to "check out" for use in their cells, on loan. DOCCS shall maintain a sufficient supply of typewriters so that LB/SVI prisoners at each facility can access the typewriters as needed.
(c) DOCCS shall provide "Daisy Grande 10 pitch" or equivalent wheels compatible with the typewriters available on loan that allow LB/SVI prisoners to type characters large enough to qualify for Free Matter for the Blind with the U.S. Postal Service, as that term is defined by the U.S. Postal Service on the Effective Date of this Agreement.
(d) LB/SVI prisoners shall be permitted to buy from an outside vendor a typewriter capable of typing 14 point font or larger, if such typewriters are available and DOCCS determines they are not a security risk.
6. Law Library
(a) DOCCS shall provide, upon request, removable glare screens for use by LB/SVI prisoners on computers.
(b) At Sullivan, DOCCS shall increase to two the number of computers in the law library, which will be accessible during regular law library hours (including on weekends), with the Full Complement of Assistive Programs.
(c) LB/SVI prisoners shall have priority access to the computer with the Full Complement of Assistive Programs in the law library.
7. Protective Custody
(a) LB/SVI prisoners shall have access to bold-lined paper, a magnifier and 20120 pens, while in Protective Custody.
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(b) LB/SVI prisoners in Protective Custody shall have access to other Reasonable Accommodations that they would have in General Population, subject to security, cost or Operational concerns.
8. SHU
(a) LB/SVI prisoners shall have access to bold-lined paper, a magnifier and 20/20 pens while in SHU.
(b) LB/SVI prisoners in SHU shall have access to other Reasonable Accommodations that they would have in General Population, subject to security, cost, or Operational concerns.
(c) DOCCS shall maintain at least one electronic magnification device at each of Sullivan and Wende, and shall permit LB/SVI prisoners housed in SHU to use the device as needed, on loan, to read written documents where other accommodations will not suffice.
9. Repairing/Updating Technology
(a) If a computer with assistive technology or any other accommodating assistive device requires repair, DOCCS shall repair the device in-house within seven (7) consecutive days or send the device out for repair within twenty-one (21) consecutive days from the date DOCCS discovers, or is notified of, the need for repair.
(b) If a computer in the Resource Room or General Library or law library with the Full Complement of Assistive Programs is out-of-service tor more than two months, DOCCS wi}] replace it.
E. Resource Room
(a) DOCCS shall use its best efforts to ensure availability of the Resource Room during the two scheduled modules on each weekday.
(b) DOCCS shall use best efforts to make the Resource Room available during the evening module two evenings per week or will use best efforts to provide access in other locations in the facility during the evening module two
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Case 1:11-cv-00176-JLC Document 182 Filed 03/04/14 Page 23 of 61
evenings per week to a computer with the Full Complement of Assistive Programs, a CCTV and a SARA scanner.
(c) During its regular hours, the Resource Room shall be made available on a priority basis for accommodating sensorially-disabled prisoners.
(d) DOCCS shall ensure that the Resource Room remains open 12 months per year, subject to the provisions on extended. closings infra ILE.3. If the person normally in charge of opening and staffing the Resource Room is not available, DOCCS shall use best efforts to make available an officer or other staff person to open the Resource Room during the scheduled weekday modules. Prisoners may request that a trained SDP staff person assists with the devices. DOCCS cannot guarantee that such request will be accommodated immediately.
2. Trained Staff
(a) DOCCS shall have on staff two DOCCS employees who are trained to operate the LB/SVI assistive devices in the Resource Room.
(b) DOCCS will make best efforts to have available an employee trained in the operation of the LB/SVI equipment in the Resource Room during regularly scheduled weekday hours.
3. Extended Closings
Subject to emergencies, DOCCS shall use best efforts never to close the Resource Room for more than six consecutive days, but if the Resource Room is unavailable for more than ten consecutive days, DOCCS will make available during regular Resource Room hours a SARA scanner, a computer with the Full Complement of Assistive Programs and a CCTV.
F. Legal Research
1. Clerks
DOCCS shall make law clerks available to assist LB/SVI prisoners with legal research in the law library during all regular law library hours.
2. Recorded Legal Materials
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(a) DOCCS shall permit LB/SVI prisoners in SHU to request that legal materials be recorded onto tape cassettes or other appropriate medium compatible with audio players in the prisoners' possession, if there is no other way to provide that prisoner with the materials. It will be presumed that an LB/SVI prisoner who was unable to read with a magnification device or a CCTV in General Population will be given such recorded legal materials in SHU upon request.
(b) DOCCS shall permit LB/SVI prisoners in General Population, Protective Custody and SHU to check out legal materials that have been recorded onto cassette tapes or other medium compatible with the audio players in prisoners' possession.
G. Large Print
(a) DOCCS shall make forms used by LB/SVI prisoners available in Large Print, including at a minimum:
I. Reasonable Accommodation Request forms (Attachment B to Directive 2612);
it Disbursement or Refund Request forms;
Ill. State Shop forms;
IV. Call-Out Slips, including for Sick Can, dentist, library and Resource Room requests;
v. Grievance forms; and
vi. Commissary sheets.
(b) DOCCS shall provide Large Print or enlarged copies of the following materials for LB/SVI prisoners:
i. Dispositions of disciplinary actions; and n. Grievance responses, including Superintendent,
Inmate Grievance Resolution Committee and Central Office Review Committee responses/decisions.
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2. Notices
(a) DOCCS shall make the following posted notices in the Housing Block or Resource Room available in Large Print:
I. Call-Out Notices;
11. Sign-up forms for courses and programs;
Ill. Notification of changes in prison policies, to the extent such notification would otherwise be posted; and
iv. Notice of Rights under the Americans with Disabilities Act (Attachment A to Directive 2612).
v. A list in Large Print of all trainings and courses available to LB/SVI prisoners. This list must be posted in the Housing Block.
(b) DOCCS shall post in the Housing Block or Resource Room enlarged copies of class action notices if the original notice does not exceed 30 pages.
H. Recreation
1. Games
DOCCS shall provide or maintain a minimum of six (6) different types of games designed for use by the visually impaired, including talking chess sets and playing cards, as a standard accommodation for both Resource Room and in-cell use, on loan, free of charge. DOCCS shall provide multiple copies of some of the games available in the facility to ensure sufficient access to games for LB/SVI prisoners, subject to cost and Operational limitations.
2. Audio Books
(a) DOCCS shall provide audio books on cassette tape and compatible cassette tape players as a standard accommodation for both Resource Room and in-cell use, on loan, free of charge.
(b) DOCCS shall allow digital audio books and compatible players to be used by LB/SVI prisoners under supervision in the Resource Room and such other areas as DOCCS
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allows. DOCCS shall permit any LB/SVI prisoner to request a digital audio player from the Library of Congress according to the guidelines and procedure of the Library of Congress. DOCCS shall keep the digital audio players in the Resource Room, or any such other area as DOCCS allows, and shall permit the LB/SVI prisoner who requested the player from the Library of Congress to use the player under supervision. DOCCS shall assist LB/SVI prisoners in obtaining the audio players as necessary, and will use best efforts to keep on site any necessary materials for requesting a digital audio player or audio books from the Library of Congress.
(c) Nothing in II.H.2 precludes an LB/SVI prisoner from requesting individual permission to use a digital audio player in his celL Such requests will be evaluated on a case-by-case basis.
(d) During the duration of this Agreement, DOCCS shall use best efforts to obtain or develop an appropriate digital player for audio books which does not implicate DOCCS' security concerns regarding unsupervised in-cell use, in a manner consistent with the current provision of cassette tapes and tape players.
(e) DOCCS shall use best efforts to maintain the existing supply of books on tape and cassette players. DOCCS shall increase the number of books iIi Large Print available at the General Library at each of Sullivan and Wende until a digital audio player is approved for in-cell use.
3. Televisions
(a) DOCCS shallprovide or maintain a television of 40 inches or larger for use in the Pit Area at Sullivan, with LB/SVI prisoners given priority seating.
(b) DOCCS shall continue to make available for purchase by LB/SVI prisoners 10- and I3-inch televisions for in-cell use at Wende. LB/SVI prisoners may request TV magnifiers for use at Wende.
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4. Exercise/Gym
(a) Weights
Doees shall provide an indoor space to use free weights from October to April.
(b) Sheltered Recreation
At Sullivan, DOCCS shall provide recreation time for LB/SVI prisoners, separate from the non-visually impaired prisoners, one time per week. Sheltered recreation time may occur during regularly scheduled Resource Room hours and, if staff is not available for Resource Room supervision, may require the Resource Room to close during that regularly scheduled module. If sheltered recreation is held during a regularly scheduled Resource Room module, closing the Resource Room during that module shall not constitute a violation of II.E.1.
I. In-Cell Property
1. DOeeS shall permit LB/SVI prisoners to keep an additional draft­ property-bag's worth oflegal materials in their cell above the number of bags that non-visually impaired prisoners are permitted to keep.
2. DOCCS shall permit LB/SVI prisoners to request permission to keep an additional draft-property-bag's worth of legal materials (above the number mentioned in 11.1.1). This request shall be granted if the LB/SVI prisoner can demonstrate that the legal materials relate to an ongoing legal proceeding, subject to space and fire safety concerns.
J. Prisoner Programmingffraining
1. Generally
DOCCS shall permit LB/SVI prisoners to participate in all programs that are made available to non-visually impaired prisoners, provided: (i) the Deputy Superintendent of Programs deems the LB/SVI prisoner physically capable of participating in the program, taking into consideration the opinion of the prisoner's Outside Medical Specialist or a DOCCS Medical Professional; (ii) the LB/SVI prisoner's participation in the program does not create a risk to the safety, health, and well-being of that prisoner,
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other prisoner participants, andlor DOCCS staff; and (iii) the prisoner is otherwise qualified to participate in the program.
2. Educational Programs
(a) DOCCS shall provide Braille instruction to any LB/SVI prisoner upon request, providing that instruction either through an SDP/SDU staff member qualified to teach Braille or through the correspondence course with The Hadley Schoo] for the Blind or other similar course.
(b) DOCCS shall provide LB/SVI prisoners with assistance in applying for extended time on state-sponsored educational exams, for example by obtaining necessary app1ication forms and providing copies of medical records or other supporting documents necessary to the prisoner's application, upon request.
3. Vocational Programs
DOCCS shall use best efforts to provide access to at least one vocational program for LB/SVI prisoners if they can safely and effective,ly participate in it.
K. Staff Education
DOCCS shall educate all SDP staff, including correction officers assigned to the SDP, about issues necessary to allow staff to be of assistance to LB/SVI prisoners, such as education on the different types of vision impairments, best practices for assisting LB/SVI prisoners and the basic information on how to operate any assistive devices available on the Housing Block.
L. Transfersffrips Outside of Facility
1. Transfer of Property
(a) Upon transfer to another SDP/SDU-designated facility, an LB/SVI prisoner will be permitted to bring with him one additional draft property bag of legal materials above the number of draft property bags that non-visually-impaired prisoners are permitted.
(b) Upon request, upon transfer to another facility, an LB/SVI prisoner will be permitted to bring with him an additional draft property bag of legal materials (above the number mentioned in II.L.l(a)), ifhe can demonstrate that the legal
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materials relate to an ongoing legal proceeding, subject to space limitations in the transferring vehicle and the receiving facility, and fire safety concerns in the receiving facility.
(c) DOCCS shall check with Resource Room personnel to ascertain whether the LB/SVI transferee has any portable computer discs from the Resource Room containing his data or other legal materials belonging to the prisoner that are housed in the Resource Room and shall arrange for such materials to be transferred with the prisoner.
2. ModelManner of Transportation
(a) DOCCS shall use best efforts to transfer an LB/SVI prisoner directly from the transferring SDP/SDU­ designated facility to the receiving SDP/SDU-designated facility, except as provided in ILL.2(b).
(b) In-Transit Facilities
1. LB/SVI prisoners shall not be held overnight at an in-transit facility during transfer unless necessary.
ii. DOCCS shall use its best efforts to ensure that any stay at an in-transit facility is not longer than two calendar days.
1Il. DOCCS shall use best efforts to not place LB/SVI prisoners in a cell with another prisoner at in4ransit facilities.
(c) Staff at Sullivan and Wende shall not shackle LB/SVI prisoners to each other or to other prisoners during transfer.
3. Accommodations Upon Arrival at Receiving Facility
(a) DOCCS shall notify the SDP/SDU staff at the receiving facility of the LB/SVI prisoner's upcoming arrival and LB/SVI classification prior to the transfer.
(b) Upon arrival at the receiving facility, DOCCS shall place LB/SVI prisoners in their own cells.
(c) After an LB/SVI prisoner's arrival at any receiving SDP/SDU-designated facility, the facility's InstructorlTeacher for the Blind, or the person in charge of
21

Case 1:11-cv-00176-JLC Document 182 Filed 03/04/14 Page 30 of 61
providing accommodations for vision impairments, shall meet with the LB/SVI prisoner as quickly as practicable, but in any event not more than four (4) days after the prisoner's arrival at the receiving facility.
(d) DOCCS shall provide an LB/SVI prisoner with previously­ approved or similar Reasonable Accommodations as those that the LB/SVI prisoner was afforded at the sending facility within seven (7) days of arrival at the receiving facility.
i. In providing a similar Reasonable Accommodation, consideration shall be given to the fact that one accommodation for a particular activity may not be sufficient or appropriate in all circumstances for an individual. For example, a magnifying glass may be appropriate for an individual for spot reading, but that individual may require an electronic magnifying device or SARA scanner for reading longer passages. Previous accommodations shaH not be replaced with an inappropriate or insufficient substitute.
M. Disciplinary Hearings
1. Prior to disciplinary hearings, DOCCS shall provide sufficient Reasonable Accommodations to allow LB/SVI prisoners to read any written document that they would otherwise be entitled to review prior to the hearing. Similarly, during disciplinary hearings, DOCCS shall provide sufficient Reasonable Accommodations to allow LB/SVI prisoners to read any written documents that they would otherwise be entitled or required to read during the hearing. Accommodation in this respect includes, where appropriate, providing Large Print copies of typed documents, enlarged copies of handwritten documents or documents otherwise incapable of being reproduced in Large Print, and access to electronic magnification devices. If an LB/SVI prisoner is unable to read written print even with assistive technology and the hearing officer or other person present in the disciplinary hearing will instead read a relevant document aloud, the LB/SVI prisoner shall be entitled, upon request, to have such document read aloud at least two times.
2. DOCCS shall provide the Reasonable Accommodations in II.M.I for all disciplinary hearings related to Tier II and III tickets, including any appeals relating to those tickets.
22

Case 1:11-cv-00176-JLC Document 182 Filed 03/04/14 Page 31 of 61
N. PhysicallEmotional Health and Safety
1. Support Group
DOCCS shall allow a voluntary support/discussion group for LB/SVI prisoners, subject to all generally-applicable DOCCS rules, regulations and directives regarding such prisoner groups. 2. Medication Markers Upon request, DOCCS shall provide identifying markers to help LB/SVI prisoners identify and distinguish between self­ administered medications. 3. Extractions
DOCCS shall check with medical staff before using Oleoresin Capsicum ("O.c.") spray or other gas for extractions ("gassing out") or for any other reason in cells occupied by LB/SVI prisoners to determine if it could be harmful to their vision due to the use of hard contact lenses or other reason.
4. Housing
In order to facilitate accommodations for LB/SVI prisoners, DOCCS shall use best efforts to house all LB/SVI prisoners in the same housing unit at the respective facilities, unless they are placed in other housing for protective, disciplinary or other institutional reasons, for example physical or mental health or prisoner programs.
5. Showers
Upon request, DOCCS shall pennit LB/SVI prisoners an additional five (5) minutes in the shower in addition to the regular allotment of minutes provided to non-disabled prisoners. O. Registration with the New York State Commission DOCCS shall assist each LB/SVI prisoner with the application to New York State Commission for the Blind and Visually Handicapped prior to that prisoner's release from DOCCS custody.
23 


Case 1:11-cv-00176-JLC Document 182 Filed 03/04/14 Page 32 of 61
III. Duration of the Parties' Private Settlement Agreement
A. Commencement as of the Effective Date
The terms of this Agreement set forth in Section II will become effective
only upon the Effective Date.
B. Termination
1. This Agreement shall terminate two years after the Effective Date of this Agreement. This term is subject to a potential two-year extension pursuant to paragraph V.C.2.
2. DOCCS shall implement the following terms in the facility policies of both Sullivan and Wende:
II.B. (Corrective Lenses and Glasses) II.C.2. (e), (£), (g) (Provision of Reasonable Accommodations) II.C.3 (Removal of Reasonable Accommodations) II.D.I, 3, 4, 5, 7, 8, 9 (Technology- Instruction, General Library, Educational Classrooms, Housing Block, Law Library, Protective Custody, SHU, RepairingfUpdating Technology) II.G. (Large Print) II.M. (Disciplinary Hearings)
3. In a subsequent action to enforce substantive terms of this agreement in which II1.B.2 is not directly at issue, no negative inference shall be drawn from the absence of any term of this agreement in the list of terms in IU.B.2.
IV. Class Certification
A. Solely for the purposes of the settlement set forth in this Agreement and for no other purpose, the Defendants stipulate and agree to (a) certification of the Action as a class pursuant to Rules 23(a) and 23(b)(2) of the Federal Rules of Civil Procedure on behalf of the Class; (b) appointment of Named Plaintiffs, other than Anthony Medina, as class representatives; and (c) appointment of Plaintiffs' Counsel as counsel for the Class pursuant to Rule 23(g) of the Federal Rules of Civil Procedure.
B. The Parties have agreed upon the following documents to be submitted to the Court for its consideration: Preliminary Approval Order (Exhibit A); Notice of Settlement of Class Action (Exhibit B); and Final Judgment and Order of Dismissal With Prejudice (Exhibit C).
24 


Case 1:11-cv-00176-JLC Document 182 Filed 03/04/14 Page 33 of 61
C. Named Plaintiffs and Defendants will jointly move for entry of the Preliminary Approval Order, which will certify this Action to proceed as a class action solely for the purposes of the settlement set forth in this Agreement and for no other purpose. Specifically, promptly upon execution of this Agreement, Named Plaintiffs and Defendants shall apply to the Court for entry of the Preliminary Approval Order, substantially in the form attached hereto as Exhibit A:
I. certifying the Action as a class action on behalf of members of the Class pursuant to Rules 23(a) and 23(b)(2) of the Federal Rules of Civil Procedure solely for the purposes of the settlement set forth in this Agreement and for no other purpose;
2. appointing Plaintiffs' Counsel as counsel for the Class pursuant to Rule 23(g) of the Federal Rules of Civil Procedure;
3. preliminarily approving the settlement set forth in this Agreement;
4. setting a hearing, upon notice to the members of the Class, to consider whether the settlement set forth in this Agreement should be approved as fair, reasonable and adequate to the members of the Class;
5. setting the method of giving notice of the settlement set forth in this Agreement to the members ofthe Class;
6. approving the form of notice substantially in the form attached hereto as Exhibit B;
7. setting a period of time during which members of the Class may serve written objections to the settlement set forth in this Agreement; and
8. enjoining prosecution of any action or claims that are subject to the release and dismissal as Released Claims contemplated by this Agreement.
D. At the fairness hearing, the Parties shall jointly request entry of a Stipulation and Order of Dismissal with Prejudice, substantially in the form attached hereto as Exhibit C, the entry of which is a condition of this Agreement:
1. approving finally the settlement set forth in this Agreement as fair, reasonable and adequate, within the meaning of Rule 23 of the Federal Rules of Civil Procedure, and directing its consummation pursuant to its terms;
25

Case 1:11-cv-00176-JLC Document 182 Filed 03/04/14 Page 34 of 61
2. confirming certification of the CJass and appointment of representatives of the Class and Plaintiffs' Counsel, and finding that each element for certification of the Class is met~
3. directing that the Action be dismissed on the merits and with prejudice, without costs except as provided in this Agreement, and releasing the Released Claims; and
4. containing such other and further provisions consistent with the terms of this Agreement to which the Parties hereto expressly consent in writing.
E. The Parties agree that if the Court determines that this Agreement is not fair, reasonable and adequate, or otherwise does not meet any of the requirements of Rule 23 of the Federal Rules of Civil Procedure, this Agreement shall be null and void, and the Parties will confer in good faith to decide whether mutually agreeable modifications can be made to this Agreement to cure the Court's concem(s).
V. Enforcement of the Parties' Private Settlement Agreement
A. Private Settlement Agreement
This is a "Private Settlement Agreement" within the meaning of 18 U.S.C. § 3626, and shall not be deemed to grant "prospective relief' within the meaning of Section 3626. Nor shall this Private Settlement Agreement be deemed to constitute a consent decree or an adjudication on the merits. Neither this Private Settlement Agreement, nor any policies or procedures established thereunder, shall define any state or federal constitutional right, be deemed an admission, or a waiver of sovereign immunity or Eleventh Amendment protections. Nothing in this Private Settlement Agreement shall be deemed to require or permit the Defendants to violate the laws ofthe State ofNew York or the United States. The Defendants are not aware of any conflict between any of the provisions of this Private Settlement Agreement and any such law.
B. Compliance and Monitoring
1. Documents
(a) Defendants shall provide Plaintiffs' Counsel with all grievances, requests for accommodation and related documents filed by Wende or Sullivan LB/SVI prisoners and all responses to said grievances and requests for accommodation, including, but not limited to, responses and determinations made by the Office of DOCCS ADA Coordinator.
26

Case 1:11-cv-00176-JLC Document 182 Filed 03/04/14 Page 35 of 61
(b) All documents mentioned in Paragraph V.B.l(a) shall be produced twice a year during the duration of this Agreement, which will commence on the Effective Date. The documents shall be produced to Plaintiffs' Counsel within 45 days of June 30 and December 31 of each calendar year of the Agreement. Nothing precludes Plaintiffs' Counsel from asking for documents more frequently.
2. Tours
(a) Plaintiffs' Counsel shall be permitted to tour each of Sullivan and Wende two times during the term ofthis Agreement. Plaintiffs' Counsel will be permitted to tour the following locations on such tours:
I. All SOU/SOP housing areas used by LB/SVI prisoners, including all common areas (dayrooms, the Pit Area, etc.);
ii. The Resource Room;
1lI. The law library and any other areas used for legal research;
iv. All recreation areas, both indoor and outdoor, used by LB/SVI prisoners;
v. Classrooms and other rooms used by education classes, such as the computer lab;
. Vi. Areas where LB/SVI prisoners exit the facilities for trips or transfers and any paths/hallways leading to these exits;
vii. SHU;
vm. Protective Custody housing areas, where different from. SHU;
IX. All rooms or locations where disciplinary hearings are held;
x. All visit rooms; and
xi. Other areas where LB/SVI prisoners attend programs, services or activities, to be selected by
27 


Case 1:11-cv-00176-JLC Document 182 Filed 03/04/14 Page 36 of 61
Plaintiffs' Counsel based on their observations at the facility.
(b) Each tour will take place at a time that is mutually agreeable to the Parties and shall be subject to any reasonable time limitations and security restrictions imposed by the correctional facilities.
(c) During any such tours, Plaintiffs' Counsel may be accompanied by a visual-disability expert of their choosing. In addition, Plaintiffs' Counsel may be accompanied by Defendants' counsel, DOCCS' counsel, and other DOCCS staff as DOCCS deems appropriate. Plaintiffs' Counsel will not be permitted to interview any members of the Class or any other prisoners during any tours, but may arrange to visit them in the counsel visiting area through DOCCS' usual procedures.
3. Within 45 days of June 30 and December 31 of each calendar year following the Effective Date, for the duration of this Agreement, Defendants, via counsel, shall provide Plaintiffs' Counsel with a summary of: (i) the number of working computers with assistive programs and the assistive devices available in each location in each facility, (ii) the specific devices and numbers of devices available to LB/SVI prisoners for in~cell use, (iii) the hours the Resource Room, law library, and General Library are open, and (iv) any changes to assistive device technology, including improvements on, replacement of or removal of devices from the facilities.
C. Dispute Resolution
1. In the event of any reported non-compliance by Defendants with a material provision of this Private Settlement Agreement, counsel for the Parties shall meet and confer in an effort to resolve the reported non-compliance within 30 days of receipt by DOCCS and its counsel indicated below of formal written notice of such <claimed non-compliance. This notice shall be mailed Certified Mail, Return Receipt to:
Nancy Heywood Deputy Counsel NYS Department of Corrections and Community Supervision 1220 Washington Ave., Bldg. #2 Albany, NY 12226-2050
28

Case 1:11-cv-00176-JLC Document 182 Filed 03/04/14 Page 37 of 61
-- and-
Frederick Wen Assistant Attorney General 120 Broadway, 24th Floor New York, NY 10271
2. In the event of a claimed pattern of pervasive non-compliance with a material provision of this Private Settlement Agreement and a failure to achieve resolution of the issue within 60 days of the meet and confer, either side may seek mediation by United States Magistrate Judge James L. Cotto If such mediation fails to achieve resolution, plaintiffs may ask the Judge to recommend a two-year extension of the duration of this Private Settlement Agreement. Should the Court recommend that this Agreement be extended for two additional years, the Parties agree to be bound by that recommendation; provided that there may be no more than a single two-year extension during the term of this Private Settlement Agreement, as so extended.
3. Members of the Class may also elect to proceed in State court and seek specific performance of the terms of this Agreement, provided, however,'that such members of the Class shall have first sought to resolve any compliance issue through the meet and confer provisions set forth in this section, and such meet and confer shall have failed to achieve resolution. Members of the Class are not required to participate in mediation before proceeding in State court.
D. Scope of Enforcement
This Private Settlement Agreement is binding upon the members of the Class, each Class member's successors and agents, and upon the Defendants, and the Defendants' successors in office and agents. Only the members of the Class and the Defendants shall have standing to seek enforcement of any ofthe provisions of this Private Settlement Agreement, which does not confer, and is not intended to confer, any rights upon any other party.
VI. Stipulation Order of Dismissal
The Parties agree that after the Court so orders and enters the Stipulation and Order of Dismissal with Prejudice called for by Section TV, the Court shall have
29

Case 1:11-cv-00176-JLC Document 182 Filed 03/04/14 Page 38 of 61

only the jurisdiction and authority specified in paragraph V.C.2 of this Private Settlement Agreement.

VII. Release of Claims

Named Plaintiffs release and discharge each of the Defendants and any and all current or fonner employees or agents of New York State, or the New York State Department of Corrections and Community Supervision, in their individual and official capacities, and their heirs, executors, administrators and assigns, and the State of New York and its agencies, including, without limitation, the New York State Department of Corrections and Community Supervision, from any and all claims, liabilities and causes of action asserted in this Action, or that relate to or arise out of this Action or any of the incidents alleged in the Complaint.

All members of the Class release and discharge each of the Defendants and any

and all current or fonner employees or agents of New York State, or the New

York State Department of Corrections and Community Supervision, in their

individual and official capacities, and their heirs, executors, administrators and

t

assigns, and the State of New York and its agencies, including, without limitation,

the New York State Department of Corrections and Community Supervision,

from any and all claims for injunctive relief related to the accommodation of their

visual impainnent and/or legal blindness at Sullivan and Wende for all dates up to

and including the Effective Date of this Agreement.

VIII. Attorneys' Fees

A. Defendants shall pay to Plaintiffs' Counsel the sum of $290,000, in full satisfaction of any and all claims in this lawsuit for attorneys' fees, costs and disbursements, which costs and disbursements have been substantiated by back-up documentation satisfactory to Defendants' counseL In the event that payment of the amounts referred to in this Section VIII is not made within one hundred and twenty (120) days after the receipt by Defendants' counsel of a copy of this fully executed Agreement, approved by the Court (as provided in Section IV(C)-(D)), interest shall accrue on the outstanding balance at the rate set forth in 28 U.S.C. § 1961, beginning on the one hundred and twenty-first (121 st) day after receipt by Defendants' counsel of a copy of this fully executed and so approved Agreement. It is understood and agreed by the Parties that any taxes, or interest or penalties on taxes, on the payments specified in this paragraph shall be the sole and complete responsibility of Plaintiffs' Counsel, and that Named Plaintiffs and Plaintiffs' Counsel shall have no claim, right or cause of action against the State of New York, DOCCS, or any of their subdivisions, units or related entities on account of such taxes, interest or pena1ties.

30

Case 1:11-cv-00176-JLC Document 182 Filed 03/04/14 Page 39 of 61
B. Named Plaintiffs agree to waive all rights or claims to attorneys' fees,
court costs or disbursements, provided, however, that nothing in this Agreement shall preclude Named Plaintiffs from seeking attorneys' fees and costs incurred in connection with an action or proceeding to address non-compliance with or to enforce the terms of this Agreement.
C. Plaintiffs' Counsel agree to waive all rights or claims to attorneys' fees, court costs or disbursements other than as set forth in Paragraph VIII.A above, provided, however, that nothing in this Agreement shall preclude Plaintiffs' Counsel from seeking attorneys' fees and costs incurred in connection with an action or proceeding to address non-compliance with or to enforce the terms of this Agreement.
D. Payment of each of the amounts referred to in this Section VIII is subject to the approval of all appropriate New York State officials in accordance with the provisions of Section 17 of the New York State Public Officers Law ("Section 17"). The Parties agree that if the amounts referred to in Section VIII are not approved in accordance with Section 17, this Agreement shall be null and void, and the Parties will confer in good faith to decide whether mutually agreeable modifications can be made to this Agreement to obtain approval under Section 17.
E. While Named Plaintiffs and Plaintiffs' Counsel reserve their right to seek fees and costs incurred in connection with an action or proceeding to address non-compliance with or to enforce the terms of this Agreement, nothing in this Agreement shall be read to imply that Named Plaintiffs or Plaintiffs' Counsel are contractually or otherwise entitled to recover costs or fees in such an action or proceeding.
IX. Miscellaneous
A. Correctional Facilities Governed by the Agreement
Unless otherwise stated, the terms of this Agreement set forth in Section II apply to both Sullivan and Wende and only Sullivan and Wende.
B. Entire Agreement
This Agreement and appended Exhibits embody the entire agreement of the Parties in this matter and no oral agreement entered into at any time nor any written agreement entered into prior to the execution of this Agreement regarding the subject matter of the instant proceedings shan bind the Parties hereto or vary the terms and conditions contained herein.
31 


Case 1:11-cv-00176-JLC Document 182 Filed 03/04/14 Page 40 of 61
C. Interaction of the Agreement with Directive 2612
Except as expressly stated otherwise in the Agreement, compliance with DOCCS Directive 2612 does not in itself constitute compliance with the terms of this Agreement.
D. Precedential Effect
This Agreement and any Order entered thereon shall have no precedential value or effect whatsoever and shall not be admissible in any other action or proceeding as evidence or for any other purpose, except in an action or proceeding to enforce this Agreement.
E. Partial Invalidity
1. If any provision of this Agreement is declared invalid, illegal or unenforceable in any respect, the remaining provisions shall remain in full force and effect, unaffected and unimpaired.
2. The Parties shall replace any invalid, illegal or unenforceable part with provision(s) that are valid, legal and enforceable to achieve, to the greatest extent possible, the intended effect of the invalid, illegal or unenforceable provision(s).
F. Governing law
All terms of this Agreement shall be governed by and interpreted according to the substantive laws of the State of New York without regard to the choice of law or conflict of laws principles in any jurisdiction.
G. Consent to Jurisdiction
I. The Parties hereby irrevocably submit to the exclusive jurisdiction ofthe Supreme Court of the State ofNew York for any suit, action, proceeding or dispute arising out of or relating to this Agreement or the applicability of this Agreement, except as set forth in Section V(C)(2), which allows mediation to be performed by U.S. Magistrate Judge James L. Cott.
2. Each Party agrees not to challenge, on jurisdiction grounds or forum non conveniens grounds, an assertion ofjurisdiction by another Party in the Supreme Court of the State of New York, and agrees not to seek transfer of any action filed by any Party in such Court, with respect to any suit, action, proceeding or dispute arising out of or relating to this Agreement or the applicability of this Agreement.
32

Case 1:11-cv-00176-JLC Document 182 Filed 03/04/14 Page 41 of 61

'/,7 Dated: /!.J,w York, t-Jew York
U ,2014
Dated: New York, New York
r::e~ 26 ,2014

aniel J. Kramer Eric Alan Stone 1285 Avenue of the Americas New York, New York 10019-6064 (212) 373-3000 estone@paulweiss.com
Attorneysfor Plaintiffs
-and-
Steven Banks, Attorney-in-Chief John Boston Milton Zelermyer Veronica Vela THE LEGAL AID SOCIETY Prisoners' Rights Project 199 Water Street New York, NY 10038 (212) 577-3530 mzelermyer@legal-aid.org vvela@legal-aid.org
Attorneys for PlainNff~

-and33

Case 1:11-cv-00176-JLC Document 182 Filed 03/04/14 Page 42 of 61

Dated: Nf!bYOrk, New York
rv.P-fy:lt, 2014 Dated:~ ,New York
12- ,2014

ERIC T. SCHNEIDERMAN Atto~:fthe State of New York
By:~N~
Frederick Wen 
 Daniel Schulze 
 120 Broadway 
 New York, New York 10271 
 (212) 41f)-6536 
 Fred. Wen@ag.ny.gov 

Attorneysfor Defendants The New York State Department qfCorrections and Community Supervision, Anthony.! Annucci, Lucy Buther, Patrick J. Griffin, Darrow Cunningham, Christopher Karson, Thomas Sticht and Karen Crowley
-and-
BY:~
 Kel i rran, D 93- ~

ofr. ..., Subscribed and sworn to or affirm\'!!efore

me this

t~ ~ day

in the year 20 t't

Notary Pub Ie (affix stamp or seal)

Milton Zelermye!' 


Notary PubHc, State Of New Yor), 


No. 02ZE6009175 


. ).,.., . Commission Expires , SR..

J

A~"." ~~

. 34 


-and-

Case 1:11-cv-00176-JLC Document 182 Filed 03/04/14 Page 43 of 61

. Dated:

~ 'C~,
2. - 11- 9-

' New York 2014

By: tJ//~/t IJ~{6
Warren Davis, DIN 08-A-4535

Subscribed and sworn to or affirmed before

me this tt lli

day of feb"", ¢.y"}

in the year 20 I '1

I

Da~d: ~~ ,New York ,2014

M'ilton Zelermyer 
 Notary Public. State Of New York 

No. 02ZE6009176 

COmmission Expires",•• Be, _ /.1 11 ') "I., t' ":f:, J o/I.(
-and-

Subscribed and sworn to or affirmed before

me this ~ ,-""'-

day of N h"K4I£.~

in the year 20 1':1

Notary Public (affix stamp or seal)
Milton Zalermyer 

Notary Public. State Of New York 

:l:1¥."'. --.­ No. 0206009176 

CommiBsion Expires
A..S..... f ." l.lJl'1

-and-
35 


e~ Case 1:11-cv-00176-JLC Document 182 Filed 03/04/14 Page 44 of 61

Dated: ~;ir,I~~

By: ____________________~--~ Peter Lopez, DIN 95-B-2608

I' .,.It,..,.,.." Subscribed and sworn to or affirmed before
me this ~. ""- day of
in the year 20

Notary Public (affix stamp or seal)
Milton Zelermyer Notary Public, State Of New York
No. 02ZE6009176
• 'tM."''', ".,., Commission Expires PJ ..

Dated: N'41AN 0("14 ,New York
ftl:.rY"'J "1.'t ' 2014

By: __________~--__---------­ . Anthony Medina, DIN 99-A-2999 


Subscribed and sworn to or affirmed before 


me this. t~"

day of R,,~-

in the year 20..:...,"I+--

/

£,/w--

Notary Public (affix stamp or sea!)

York Qualified In . York County Commission Expires May 16, 2017

-and36

Case 1:11-cv-00176-JLC Document 182 Filed 03/04/14 Page 45 of 61

Dated: Fd.lLs bO~ ,New York
~ - t.t - '/t' ,2014

W ) J By: Michael Smith, DIN 00-A-4365

Subscribed and sworn to or affilJlled before

me this 't th-

day of ;-<-h rIA 61'1

in the year 20 I tf

Notary Pubhc (affi stamp or seal)
JfDton Zelermyer
...". Public, State Of New York No. 0!00009176
CODmrl~nExpheB""I• ... .-- III A·tt1tt::rt '5~1 ?JJ

37 


Case 1:11-cv-00176-JLC Document 182 Filed 03/04/14 Page 46 of 61
Exhibit 2 


Case 1:11-cv-00176-JLC Document 182 Filed 03/04/14 Page 47 of 61

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK

ANTHONY MEDINA, KELVIN CURRAN, WARREN DAVIS, JAMES COLANTUONO, KEVIN JONES, PETER LOPEZ, CHRISTOPHER MORRISHAW AND MICHAEL SMITH, individually and on behalfofothers similarly situated,

Plaintiffs,

-against-

THE NEW YORK STATE DEPARTMENT OF CORRECTIONS AND COMMUNITY SERVICES; BRIAN FISCHER, COMMISSIONER OF THE NEW YORK STATE DEPARTMENT OF CORRECTIONS AND COMMUNITY SERVICES; LUCY BUTHER, ADA COORDINATOR OF THE NEW YORK STATE DEPARTMENT OF CORRECTIONS AND COMMUNITY SERVICES; PATRICK J. GRIFFIN, SUPERINTENDENT OF SULLIVAN CORRECTIONAL FACILITY; DARROW CUNNINGHAM, DEPUTY SUPERINTENDENT OF PROGRAMS FOR SULLIVAN CORRECTIONAL FACILITY; CHRISTOPHER KARSON, ASSISTANT DEPUTY SUPERINTENDENT OF PROGRAMS FOR SULLIVAN CORRECTIONAL FACILITY; DALE ARTUS, SUPERINTENDENT 0 WENDE CORRECTIONAL FACILITY; AND KAREN CROWLEY, DEPUTY SUPERINTENDENT OF PROGRAMS FOR WENDE CORRECTIONAL FACILITY,

11 Civ.176 (LAP) (JLC) ECFCase

Defendants.

FINAL JUDGMENT AND [PROPOSED] ORDER OF DISMISSAL WITH PREJUDICE This matter came before the Court for a Fairness Hearing on April 21, 2014, for approval
of the settlement set forth in the Private Settlement Agreement dated February 28, 2014. Due and adequate notice having been given to the Class as required by Federal Rule of Civil

Case 1:11-cv-00176-JLC Document 182 Filed 03/04/14 Page 48 of 61 2
Procedure 23(e)(1) and the Proposed Order CertifYing Settlement Class, Appointing Class Representatives and Class Counsel, Preliminarily Approving the Parties' Private Settlement Agreement, and Providing for Notice to Class Members, filed February 28,2014, and the Court having considered all papers filed, and good cause having been shown, IT IS HEREBY ORDERED:
1. Defined Terms: For purposes ofthis Final Judgment and Order of Dismissal with Prejudice, the Court holds that any capitalized terms used herein and not defined should be construed consistently with the definitions set forth in the Private Settlement Agreement.
2. Approval of Settlement: Pursuant to Federal Rule of Civil Procedure 23, the Court approves the settlement set forth in the Private Settlement Agreement and finds that the Private Settlement Agreement is, in all respects, fair, reasonable and adequate.
3. Class Certification and Appointment of Class Representatives and Counsel: The Court confirms its prior preliminary certification and certifies the Class of all Legally Blind and Severely Visually Impaired prisoners who are incarcerated at Sullivan or Wende or who become incarcerated at Sullivan or Wende during the duration of the Private Settlement Agreement. The Court confirms its prior preliminary appointment of and appoints Kelvin Curran, Warren Davis, Kevin Jones, Peter Lopez and Michael Smith as class representatives and Paul, Weiss, Rifkind, Wharton & Garrison LLP and The Legal Aid Society, Prisoners' Rights Project, as counsel for the Class. The Court hereby finds that each element for final certification of the Class is met.
4. Dismissal with Prejudice: The above-captioned Action is dismissed with prejudice. The Parties are to bear their own costs, except as otherwise provided in the Private Settlement Agreement.

Case 1:11-cv-00176-JLC Document 182 Filed 03/04/14 Page 49 of 61 3
5. Release of Claims: Upon the Effective Date of the Private Settlement Agreement, Named Plaintiffs and each of the members of the Class shall be deemed to have released all Released Claims as defined and described in the Private Settlement Agreement.

Dated

SO ORDERED.
Hon. James L. Cott United States Magistrate Judge

Case 1:11-cv-00176-JLC Document 182 Filed 03/04/14 Page 50 of 61
Exhibit 3 


Case 1:11-cv-00176-JLC Document 182 Filed 03/04/14 Page 51 of 61

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK

ANTHONY MEDINA, KELVIN CURRAN, JAMES COLANTUONO, WARREN DAVIS, KEVIN JONES, PETER LOPEZ, CHRISTOPHER MORRISHAW AND MICHAEL SMITH, individually and on behalfofothers similarly situated,

Plaintiffs,

-against-

THE NEW YORK STATE DEPARTMENT OF CORRECTIONS AND COMMUNITY SERVICES; BRIAN FISCHER, COMMISSIONER OF THE NEW YORK STATE DEPARTMENT OF CORRECTIONS AND COMMUNITY SERVICES; LUCY BUTHER, ADA COORDINATOR OF THE NEW YORK STATE DEPARTMENT OF CORRECTIONS AND COMMUNITY SERVICES; PATRICKJ. GRIFFIN, SUPERINTENDENT OF SULLIVAN CORRECTIONAL FACILITY; DARROW CUNNINGHAM, DEPUTY SUPERINTENDENT OF PROGRAMS FOR SULLIVAN CORRECTIONAL FACILITY; CHRISTOPHER KARSON, ASSISTANT DEPUTY SUPERINTENDENT OF PROGRAMS FOR SULLIVAN CORRECTIONAL FACILITY; DALE ARTUS, SUPERINTENDENT OF WENDE CORRECTIONAL FACILITY; AND KAREN CROWLEY, DEPUTY SUPERINTENDENT OF PROGRAMS FOR WENDE CORRECTIONAL FACILITY,

11 Civ. 176 (LAP) (JLC) ECFCase

Defendants.

NOTICE OF PROPOSED CLASS ACTION SETTLEMENT
To: All Legally Blind and Severely Visually Impaired prisoners incarcerated at Sullivan Correctional Facility or Wende Correctional Facility
Notice of Settlement: Please be advised that the Anthony Medina, Kelvin Curran, Warren Davis, Kevin Jones, Peter Lopez and Michael Smith ("Named Plaintiffs"), on behalf of themselves and the Class (as defined below), have reached a proposed settlement with the Defendants in the above-captioned action (the "Action").
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The proposed settlement aims to confer substantial benefits upon the members of the Class. If approved, the settlement will resolve all claims in the Action.
PLEASE READ THIS NOTICE CAREFULLY. THIS NOTICE EXPLAINS IMPORTANT RIGHTS YOU MAY HAVE AS A LEGALLY BLIND OR VISUALLY IMPAIRED PRISONER RELATING TO THE PROPOSED SETTLEMENT OF THE MEDINA ACTION, INCLUDING INFORMATION ON HOW TO RAISE OBJECTIONS OR QUESTIONS THAT YOU MAY HAVE ABOUT THE PROPOSED SETTLEMENT.
THIS NOTICE CONTAINS A SUMMARY OF THE PRIVATE SETTLEMENT AGREEMENT. THIS NOTICE DOES NOT LIST OR EVEN SUMMARIZE EVERYTHING THAT IS IN THE FULL PRIVATE SETTLEMENT AGREEMENT AND YOU CANNOT DEPEND ON THIS NOTICE ALONE TO TELL YOU WHAT IS IN THE FULL PRIVATE SETTLEMENT AGREEMENT. THIS NOTICE IS NOT A CONTRACT BETWEEN THE CLASS AND DOCCS. YOU MUST LOOK TO THE PRIVATE SETTLEMENT AGREEMENT ATTACHED TO THIS NOTICE FOR THE FULL DETAILS OF THE PROPOSED PRIVATE SETTLEMENT AGREEMENT BETWEEN DOCCS AND THE CLASS.
1. Description of the Class and Action: On January 4, 2011, a group of Legally Blind ("LB") and Severely Visually Impaired ("SVI") prisoners started the Action Medina et aI. v. Fischer et al. in the United States District Court for the Southern District of New York. Named Plaintiffs brought the case on behalf of themselves and all LB/SVI prisoners who are incarcerated at Sullivan Correctional Facility ("Sullivan") or Wende Correctional Facility ("Wende") or who later became or will become incarcerated at Sullivan or Wende during the time that the proposed Private Settlement Agreement is in effect. As a group, these LB/SVI prisoners constitute "the Class." In the Action, the Named Plaintiffs allege that Defendants, including the Department of Correction and Community Supervision ("DOCCS"), did not reasonably accommodate visual disabilities and that, as a result, LB/SVI prisoners did not have full access to the programs, services, and activities offered at Sullivan and Wende for which they were otherwise qualified. Named Plaintiffs and Defendants agreed to settle the Action subject to the Court's detennination that the settlement is fair, reasonable and adequate and in the best interests of the members of the Class. In settling the Action, the Defendants do not admit any liability or wrongdoing, or that Defendants are not already providing to LB/SVI prisoners the services required by the tenns of the proposed settlement.
2. Proposed Settlement: Attached to this Notice is a copy of the proposed settlement agreement (the "Private Settlement Agreement"). The Private Settlement Agreement contains all of the actions that DOCCS has agreed to take ifthe settlement is approved by the Court. The tenns are intended to improve the Class members' access to programs, services and activities, through the reasonable accommodation of their visual disabilities. Unless otherwise stated, the tenns apply to both Wende and Sullivan. A selection of the most
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significant tenns are summarized below. The summarized tenns may be subject to certain conditions or exceptions because of, among other things, DOCCS' security and operational concerns, which are described in more detail in the Private Settlement Agreement. In addition, some tenns may require that an LB/SVI prisoner has to request
a specific accommodation and in some instances DOCCS has the right to deny an
accommodation even after a request, but only after an individual detennination has been made. The complete set of tenns including these and other conditions is contained in the Private Settlement Agreement that is attached to this Notice. The following list is a SUMMARY of everything that is in the Private Settlement Agreement. It does not list or even summarize everything that is in the full Private Settlement Agreement and you cannot depend on this summary alone to tell you what is in the full Private Settlement Agreement. This summary is not a contract between the Class and DOCCS. You must look to the Private Settlement Agreement attached to this Notice for the full details of the proposed Private Settlement Agreement between DOCCS and the Class.
Some of the more significant parts of the Private Settlement Agreement are:
• Assessment. The Private Settlement Agreement specifies circumstances in which DOCCS must assess or reassess each LB/SVI prisoner's reasonable accommodations for his visual disability, including any time the LB/SVI prisoner is transferred, and requires DOCCS to make these assessments at least every two years. Every time there is an assessment, there must be conversation with and input from the prisoner about whether he is finding his accommodations to be adequate and appropriate.
• Request for and Provision of Reasonable Accommodations. With certain exceptions, DOCCS shall provide LB/SVI prisoners with the accommodations that a medical professional has recommended for him. DOCCS will consider whether other prisoners have made similar requests within the last six months before approving or denying a request for accommodation; in other words DOCCS will consider whether a request is a request that will accommodate a group instead of only considering whether it is a reasonable accommodation for one individual alone.
• Corrective Lenses and Glasses. DOCCS shall replace corrective lenses or glasses whenever damaged or lost, at no charge to the prisoner unless the lenses or glasses are negligently or intentionally broken or lost.
• Sunglasses. DOCCS shall provide LB/SVI prisoners who require sunglasses with one free pair of sunglasses and will consult medical staff before providing a particular pair to make sure that the sunglasses provided are appropriate for the prisoner. For example, sunglasses that block someone's peripheral vision will not be provided to someone who depends primarily on his peripheral vision.
• Writing Paper. If an LB/SVI prisoner needs bold-lined paper, DOCCS shall provide LB/SVI prisoners with bold-lined paper instead of blank writing paper
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wherever a person who is not visually impaired would be able to get free blank writing paper. LB/SVI prisoners are entitled to twice the amount of bold-lined paper as other prisoners are entitled to blank paper in SHU/protective custody, subject to certain exceptions. DOCCS shall evaluate requests for additional bold-lined paper above this amount to do legal work, under Directive 4483.
• Weekly Rounds. A person who can provide reasonable accommodations shall make rounds at least one time per week to see LB/SVI prisoners who are not housed in general population.
• Instruction on Technology. DOCCS shall inform prisoners of and provide instruction on the proper use of all available assistive devices (such as the SARA scanner, CCTV device, computers, etc.).
• Removable Glare Screens. DOCCS shall provide removable glare screens for LB/SVI prisoners to use on computers in the resource room, general and law libraries and educational classrooms.
• Typewriters. DOCCS shall provide typewriters that LB/SVI prisoners can use in their cells. These typewriters will be provided on loan, and free of charge. DOCCS shall provide typewriter wheels that type characters large enough to qualify for Free Matter for the Blind with the U.S. Postal Service.
• Resource Room.
o Technology. DOCCS shall maintain at least three computers in the resource room, all of which will have assistive programs.
o Hours. DOCCS shall ensure that the resource room remains open 12 months per year. DOCCS shall use its best efforts to (i) ensure that the resource room is open and available during the two scheduled modules for each weekday, and (ii) in addition to the daytime modules, will make the resource room or the assistive devices from the resource room available during an evening module two evenings per week.
o Staff. Two employees shall be trained to operate all LB/SVI assistive devices. DOCCS will use best efforts to have one trained employee in the resource room during regularly scheduled daytime weekday hours.
o Extended Closings. DOCCS will use best efforts never to close the resource room for more than 6 consecutive days. If the resource room is unavailable for more than 10 days, for instance if there is an emergency or other unusual circumstance that makes the room unavailable, DOCCS will make the assistive devices from the
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resource room available for LB/SVI prisoners to use in another location.
• General Library. DOCCS.shall add at least one computer with assistive programs to the general library. LB/SVI prisoners shall have priority access to the computer with assistive programs in the general library.
• Educational Classrooms. For LB/SVI prisoners enrolled in educational programs, DOCCS will provide enlarged text materials where available and reasonable accommodations that the LBI/SVI prisoner needs to read documents in the classroom, including, but not limited to, SARA scanners and CCTVs.
• Housing Block. DOCCS shall make an electronic magnification device available for use on the housing block.
• Law Library. At Sullivan, DOCCS shall increase to two the number of computers with assistive programs in the law library. These computers will be accessible during regular law library hours (including on weekends). LB/SVI prisoners shall have priority access to the computers with assistive programs. And all computers and devices, including the existing ones, will be subject to new rules about keeping them in good working order.
• RepairinglUpdating Technology. If an accommodating assistive device requires repair, DOCCS shall repair the device in-house within 7 days or send it out for repair within 21 days. If a computer in the resource room or general library or law library with assistive programs is out-of-service for more than two months, DOCCS must replace it.
• SHU and Protective Custody. LB/SVI prisoners shall have access to bold­ lined paper, a magnifier, 20/20 pens and other reasonable accommodations that they would have had in general population, subject to certain restrictions. DOCCS shall maintain at least one portable electronic magnification device for LB/SVI prisoners housed in SHU to use as needed, subject to certain restrictions.
• Legal Research. Law clerks will be available to assist LB/SVI prisoners with legal research in the law library. An LB/SVI prisoner in SHU may request that court cases or other legal materials be recorded onto an audiotape if the LB/SVI prisoner is unable to use other accommodations to read legal materials in SHU.
• LargelEnlarged Print.
o Forms. The following forms will be available in 18 point font: Reasonable Accommodation Request forms, Disbursement or Refund Request forms, State Shop forms, Call-Out Slips,
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Grievance Forms and Commissary Sheets. The following forms will be provided in 18 point font or will be enlarged: Dispositions (all decisions/determinations) of disciplinary actions and grievance responses, including all Superintendent, IGRC and CORC responses/decisions.
o Notices. The following posted notices will be available in 18 point font in the housing block or resource room: Call-out Notices, Sign­ up forms for courses and programs, notification of changes in prison policies (if that notification would otherwise be posted in regular print), the notice of rights under the Americans with Disabilities Act, and a list of all trainings and courses available to LB/SVI prisoners. DOCCS shall also post enlarged copies of certain class action notices (including this Notice) in the LB/SVI housing block or resource room.
• Games. A minimum of 6 different types of games designed for use by the visually impaired (such as large playing cards) and multiple copies of some of those games will be available for use by LB/SVI prisoners on loan, free of charge, for use in both the resource room and in cells.
• Audio Books.
o DOCCS shall provide audio books on cassette tape and compatible cassette tape players as a standard accommodation for both resource room and in-cell use, on loan, and free of charge.
o DOCCS shall allow digital audio books and compatible players to be used under supervision in the resource room and certain other areas. Any LB/SVI prisoner may request a digital audio player and DOCCS will assist LB/SVI prisoners in obtaining the player.
o DOCCS will use best efforts to obtain or develop a digital player for audio books that prisoners will be allowed to check out and use in their cell.
o DOCCS shall increase the number of large print books (in 18 point font or larger) available in the general library.
• Television. The pit area at Sullivan will have a 40 inch or larger television, with LB/SVI prisoners given priority seating. At Wende, prisoners will be allowed to purchase 10- and 13-inch televisions to use in their cell. LB/SVI prisoners can request TV magnifiers to use with their personal televisions.
• Exercise/Gym. DOCCS shall provide an indoor space to use free weights from October to April. At Sullivan, DOCCS shall provide recreation time for
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LB/SVI prisoners, separate from the nOlJ.-visually impaired prisoners, one time per week.
• Property. DOeeS shall permit LB/SVI prisoners to keep in their cell and take on transfer one to two more draft-property-bags worth of legal materials than the number of bags that non-visually impaired prisoners are permitted to keep, subject to certain exceptions.
• Prisoner Programmingffraining. DOeeS shall provide Braille instruction to any LB/SVI prisoner who requests it. Doees shall provide LB/SVI prisoners with help applying for extra time on state-coordinated exams, like the GED/TASe exam. DOeeS shall use best efforts to provide access to at least one vocational program for LB/SVI prisoners.
• Staff Education. DOeeS shall educate all SDP staff, including the correction officers working in the housing block, about visual disabilities and related issues necessary to allow staff to be of assistance to LB/SVI prisoners.
• Transfersffrips Outside of Facility.
o ModelManner of Transportation. DOeeS will try to limit overnight stays during transfers for LB/SVI prisoners. Where unavoidable, DOeeS will use best efforts to limit these overnight stays to two consecutive days and will put LB/SVI prisoners in their own cell (not double-bunked) at in-transit facilities. Staff at Sullivan and Wende will not shackle LB/SVI prisoners to other prisoners during transfer.
o Accommodations Upon Arrival at Receiving Facility. Upon arrival, LB/SVI prisoners shall be placed in their own cells. The person in charge of providing accommodations for vision impairments at the new facility shall meet LB/SVI prisoners within 4 days of their arrival. Within 7 days, DOCCS shall provide the LB/SVI prisoner with all previously-approved or similar reasonable accommodations as those that he had at his previous facility.
• Disciplinary Hearings. Prior to and during disciplinary hearings related to Tier II and III tickets, including any appeals relating to those tickets, DOCCS shall provide sufficient reasonable accommodations to allow LB/SVI prisoners to read certain documents. If a prisoner is still unable to read a document and the document will instead be read aloud, the prisoner is entitled to have such document read aloud at least two times.
• Support Group. DOCeS shall allow a voluntary support/discussion group for LB/SVI prisoners.
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• Medication Markers. DOCCS shall provide identifying markers to help prisoners identify and distinguish between their self-administered medications.
• Extractions. DOCCS shall check with medical staff before using Oleoresin Capsicum spray (also known as "~C spray") or other gas when performing extractions in LB/SVI prisoners' cells (also known as "gassing out" a prisoner).
• Housing. At each facility, DOCCS shall use best efforts to house all LB/SVI prisoners together in the same housing unit.
• Shower. DOCCS shall allow LB/SVI prisoners an extra 5 minutes in the shower, in addition to the time that non-disabled prisoners receive to shower.
• Registration with the New York State Commission. DOCCS shall assist LB/SVI prisoners with the application to New York State Commission for the Blind and Visually Handicapped prior to that prisoner's release from DOCCS custody.
• Duration of the Private Settlement Agreement. The Private Settlement Agreement is in effect for at least two years. The duration of the Private Settlement Agreement may get extended for two more years (for a total of four years) ifit is determined that Defendants are not adequately complying with the Private Settlement Agreement. In addition, DOCCS will incorporate several terms of the Private Settlement Agreement into the official facility policies of Sullivan and Wende.
• Compliance and Monitoring.
o Documents. DOCCS shall provide Plaintiffs' counsel with copies of all grievances, requests for accommodations and related documents filed by Wende or Sullivan LB/SVI prisoners and copies of all the responses to these grievances and requests (for example, Superintendent, IRC, or CORC responses). These documents shall be provided twice a year while the Private Settlement Agreement is in effect. In certain circumstances, Plaintiffs' counsel can ask for documents more often than twice a year.
o Tours. Plaintiffs' counsel will tour each of Sullivan and Wende twice while the Private Settlement Agreement is in effect.
o Additional information. Twice a year for each year that the Private Settlement Agreement is in effect, DOCCS shall provide Plaintiffs' counsel with information about (i) the number of working computers and other assistive devices in each facility. (ii) the
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devices available to LB/SVI prisoners for in-cell use in each facility, (iii) the hours during which the resource room, law library and general library are open in each facility, and (iv) any changes to assistive device technology that have taken place in each facility since the last report.
• Attorneys' Fees. Defendants shall pay Plaintiffs' counsel $290,000 in consideration of their work as counsel in this case. There will be no other recovery of fees, by Plaintiffs' counselor any Named Plaintiff or LB/SVI prisoner, in connection with this settlement.
• Release of Claims. If the Court approves the Private Settlement Agreement, the Private Settlement Agreement will be binding on the members of the Class (LB/SVI prisoners at Sullivan and Wende). This means that all members of the Class will release and discharge each of the Defendants, and certain other current and future DOCCS employees, from any and all claims for injunctive relief related to the accommodation of their visual impairment and/or legal blindness at Sullivan and Wende for all dates up to and including the date the Private Settlement Agreement goes into force. This means that if you intend to bring a lawsuit under the Americans with Disabilities Act or the Rehabilitation Act about DOCCS denying you reasonable accommodations for your visual problem at Sullivan or Wende at any time in the past, up until this Private Settlement Agreement becomes effective (likely late April or early May of2014), you will likely not be able to bring that lawsuit. Additionally, if you filed any lawsuits like the one described in the previous sentence that are ongoing, this Private Settlement Agreement will likely have the effect of dismissing your claim.
3. Reasons for Settlement: Named Plaintiffs and Plaintiffs' counsel's principal reason for agreeing to the proposed settlement is that they believe that the settlement will bring significant relief to the Class and help increase the Class members' access to programs, services and activities at Wende and Sullivan. In determining that the proposed settlement is in the best interests of the Class, Named Plaintiffs and Plaintiffs' counsel have taken into account the risk of an unfavorable outcome in litigation (such as losing at trial or having the case dismissed before trial) and the considerable time - many months or even years - a trial and possible appeals would take. Even if the Named Plaintiffs were to win their case at trial, it would only be after the long delay that comes with scheduling and preparing for a trial, and might result in less relief to the Named Plaintiffs and the Class than is provided by the Private Settlement Agreement. Entering into a settlement agreement now will bring the substantial benefits for the Class contained in the proposed settlement without these risks or delays.
4. Opportunity for Objections or Comments: The Private Settlement Agreement is not final yet. The Private Settlement Agreement does not become final until after a time period during which the members of the Class can express their views on the proposed settlement and tell the Court about
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objections that they might have to the proposed settlement. The Private Settlement Agreement will likely become effective in late April or early May of 20 14, if the Court approves the Private Settlement Agreement after the Fairness Hearing (described below) and there are no other delays.
If you are a member of the Class, you have the right to object to the proposed settlement or specific parts of it and to submit any documents that support your objection. If you have no objections to the proposed settlement, you do not have to do anything. Whether or not you object or comment, you will be notified, as a potential member of the Class, if and when the Private Settlement Agreement is finalized. Any objections you want to bring to the Court's attention have to be submitted to the Court in writing. If you are unable to write or have great difficulties writing, you may request inmate legal assistance. All objections have to be postmarked by the United States Postal Service by April 8, 2014. Any objections received after that date will not be considered. To make sure that your objection(s) will be considered, please make sure that anything you send to the Court has the following information:
1. The following case name and number: Medina et al. v. Fischer et aI., 11 Civ. 176 (S.D.N.Y.) (LAP) (JLC).
2. Your full name and DIN number.
3. Your objection(s) with the reason(s) for each of your objections.
4. Your signature.
You should mail your written objection(s) to:
The Honorable James L. Cott 
 United States District Court 
 Southern District of New York 
 500 Pearl Street 
 New York, New York 10007-1312 

5. Fairness Hearing: After the period oftime during which members of the Class can make their objections, the Court has to make a decision whether to approve the Private Settlement Agreement. As part of making this decision, the Judge assigned to this case will hold a "Fairness Hearing" during which he will decide whether the settlement is fair, reasonable and adequate. He will take into consideration any objections that were postmarked on or before April 8, 2014. The Honorable Judge James L. Cott will hold this hearing on April 21, 2014 at 10 a.m. at the United States District Court for the Southern District of New York.
If the Court approves the settlement, the Court will enter an order dismissing the Action and the Private Settlement Agreement will go into force. This means that after the Court approves the Private Settlement Agreement, the members of the Class will officially be part of the class action settlement, and have a right to all of the terms as set
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out in the Private Settlement Agreement. The Defendants will be bound by the Private Settlement Agreement and must provide the things that the Private Settlement Agreement says they shall provide. In addition, as discussed earlier in this document, from the time the Private Settlement Agreement is approved and in effect, all members of the Class will have released all of the Defendants and other persons described in the Private Settlement Agreement from liability from all claims for injunctive relief related to the accommodation of their visual impairment and/or legal blindness at Sullivan and Wende for all dates up to and including the date the Private Settlement Agreement goes into force.
6. Questions: If you are a member of the Class and have any questions about the proposed settlement or issues related to that, please contact one of the Plaintiffs' counsel: PAUL, WEISS, RIFKIND, WHARTON & GARRISON LLP Daniel J. Kramer 1285 Avenue of the Americas New York, New York 10019-6064 Eric Alan Stone 
 1285 Avenue ofthe Americas 
 New York, New York 10019-6064 
 THE LEGAL AID SOCIETY 
 PRISONER'S RIGHTS PROJECT 
 Milton Zelermyer 199 Water Street New York, New York 10038 Veronica Vela 199 Water Street New York, New York 10038
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visual disabilities. Among other things, these policies have forced these inmates to walk handcuffed, shackled, and without physical guidance when travelling, prevented them from receiving medical care because of their inability to read the request forms, and left those in disciplinary housing with little more than an ineffective magnifying glass. Anthony Medina, James Colantuono, Kelvin Curran, Warren Davis, Kevin Jones, Peter Lopez, Christopher Morrishaw, and Michael Smith, (collectively "the Plaintiffs")1 are all legally blind or severely visually impaired inmates, in the custody of the New York State Department of Corrections and Community Supervision ("DOCCS"). Each is either a resident of the Sensorially Disabled Unit ("SDU") at Sullivan Correctional Facility ("Sullivan") or a participant in the Sensorially Disabled Program ("SDP") at Wende Correctional Facility ("Wende"). Plaintiffs bring this class action against DOCCS itself, and against DOCCS employees and officers Brian Fischer, Lucy Buther, Patrick Griffin, Darrowd Cunningham, Christopher Karson, Dale Artus, and Karen Crowley, each of whom is sued in only his or her official capacity. Plaintiffs bring claims for violations of Section 504 of the Rehabilitation Act and Title II of the American with Disabilities Act ("ADA") alleging discriminatory denial of access to services, activities' and programs on the basis of their disabilities as a result of Defendants' failure to provide reasonable accommodations for those disabilities. Plaintiffs seek declaratory and injunctive relief and seek relief only with respect to the accommodations at Sullivan and Wende.
JURISDICTION AND VENUE 1. This Court has subject-matter jurisdiction over this action under 28 U.S.C §§ 1331, 1343(a)(3), and 1343(a)(4) because the claims arise under Section 504 of the Rehabilitation Act, 29 U.S.C. § 794, and under the ADA, 42 U.S.C. § 12132.
This Second Amended Complaint is being filed only on behalf of the aforementioned Plaintiffs and not on behalf of Darrius Reid and Paul Ford, who are unrepresented.

Case 1:11-cv-00176-JLC Document 107 Filed 04/30/12 Page 3 of 35
2. Venue is proper in this district pursuant to 28 U.S.C. § 1391(b)(2). THE PARTIES
Plaintiffs/Proposed Clas s Representative s 3. Plaintif f Anthon y Medina is a legally blind inmate. At the time of some of the
events for which this action is brought, Mr. Medina was incarcerated at Sullivan. After he filed this action Mr. Medina was transferred to Wende, where he currently remains incarcerated.
4. Plaintif f Jame s Colantuono is a legally blind inmate. At the time of some of the events for which this action is brought, Mr. Colantuono was incarcerated at Sullivan. After he filed this action, Mr. Colantuono was transferred to Wende, where he currently remains incarcerated.
5. Plaintif f Kelvin Curran is a legally blind inmate. At all times relevant to the claims in this complaint, Mr. Curran has been incarcerated at Sullivan.
6. Plaintif f Warre n Davis is currently classified by DOCCS as a severely visually impaired inmate even though he has only a left eye and his vision in that eye is rated at 20/4002, which should classify him as legally blind. At all times relevant to the claims in this complaint, Mr. Davis has been incarcerated at Sullivan.
7. Plaintif f Kevi n Jones is a legally blind inmate. At all times relevant to the claims in this complaint, Mr. Jones has been incarcerated at Sullivan.
8. Plaintif f Peter Lopez is a legally blind inmate. At all times relevant to the claims in this complaint, Mr. Lopez has been incarcerated at Sullivan.
By way of example, a person with a visual acuity measurement of 20/20 can see detail from 20 feet away the same as a person with average eyesight would see from 20 feet. A person with a visual acuity of 20/40 can see detail from 20 feet away the same as a person with average eyesight would see it from 40 feet away. Thus, a larger denominator indicates less visual acuity. The term "blindness" is generally described as central visual acuity of 20/200 or less in the better eye with the use of a correcting lens. 42 U.S.C. § 416(i)(l)(B) (Supp. IV 1986); see http://www.law.comell.edu/socsec/rulings/ssr/SSR90-05.html.

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9. Plaintif f Christophe r Morrishaw is a severely visually impaired inmate. Until very recently, Mr. Morrishaw was incarcerated at Sullivan.3

10. Plaintif f Michae l Smith is a severely visually impaired inmate. He is currently

incarcerated at Sullivan.

Defendants 1. Defendan

t DOCCS is the agency created by the State of New York for the

purpose of operating all New York State prison facilities.

2. Defendan t Brian Fischer is the Commissioner of DOCCS, and is responsible for

the operation and administration of all facilities within DOCCS. He is sued in only his official

capacity.

3. Defendan t Patrick Griffin is the Superintendent of Sullivan, responsible for the

operation and administration of Sullivan and all units and programs therein. He is sued in only

his official capacity.

4. Defendan t Darrowd Cunningham is the Deputy Superintendent of Programs for

Sullivan, responsible for overseeing prison programs at Sullivan, providing reasonable

accommodations to inmates, and ensuring compliance with DOCCS policies regarding

reasonable accommodations. He is sued in only his official capacity.

5. Defendan t Christophe r Karson is the Assistant Deputy Superintendent of

Programs at Sullivan, responsible for overseeing the provision of prison programs at Sullivan, as

well as the provision of reasonable accommodations and compliance with DOCCS policy

3 As this Complaint was being finalized for filing, counsel learned that Mr. Morrishaw has apparently been transferred from Sullivan to the Upstate Correctional Facility. Counsel will begin discussions with DOCCS and Mr. Morrishaw immediately regarding returning Mr. Morrishaw to Sullivan or to Wende, as Upstate Correctional Facility does not offer an SDU or SDP facility, and thus does not seem to be an appropriate place of incarceration for Mr. Morrishaw. Counsel for all parties will promptly advise the Court of the resolution of this issue, and any affect it may have on Mr. Morrishaw's claims.

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directives regarding reasonable accommodations for disabled prisoners. He is sued only in his official capacity.
6. Defendan t Dal e Artus is the Superintendent of Wende, responsible for the operation and administration of Wende and all units and programs therein. He is sued only in his official capacity.
7. Defendan t Kare n Crowley is the Deputy Superintendent of Programs at Wende, responsible for overseeing prison programs at Wende, providing reasonable accommodations to inmates, and ensuring compliance with DOCCS policies regarding reasonable accommodations. She is sued in only her official capacity.
8. Defendan t Lucy Buther is the DOCCS ADA Coordinator, responsible for ensuring that all programs, activities, and services operated by and under the control of DOCCS comply with the Rehabilitation Act and the ADA. She is also responsible for reviewing all denials of grievances, other complaints, and requests for reasonable accommodation submitted by DOCCS prisoners with sensorial disabilities. She is sued only in her official capacity.
FACTUAL ALLEGATIONS SPECIFIC TO EACH PLAINTIFF 9. As set forth herein. Plaintiffs bring this action on behalf of themselves and also on behalf of a class of legally blind or severely visually impaired prisoners who reside in the SDU at Sullivan or are part of the SDP at Wende. 10. Under DOCCS regulations, and as used in this Second Amended Class Action Complaint, a prisoner is "legally blind" if (a) his visual acuity is 20/200 or less in the stronger of his two eyes, measured with best possible correction, or (b) he has a visual field of no greater than 20 degrees in the stronger of his two eyes. DOCCS Directive 2612 § II.E. A prisoner is severely visually impaired if (a) his visual acuity is 20/70 or less in the stronger of his two eyes,

Case 1:11-cv-00176-JLC Document 107 Filed 04/30/12 Page 6 of 35
or (b) he has a visual field of no greater than 40 degrees in the stronger eye. Id. at \ II.D. Both legally blind and severely visually impaired prisoners are deemed "inmates with sensorial disabilities" and, under DOCCS directives, "shall be referred for transfer to one of the designated facilities, which can accommodate their needs." Id. at f III.C.
11. As described below, each Plaintiff is substantially impaired, absent reasonable and appropriate accommodations, in his ability to see and read, two major life activities. Most Plaintiffs are also substantially limited in other major life activities including writing and walking.
12. As described below, each Plaintiff, with or without reasonable accommodations, meets the essential eligibility requirements for receiving services and participating in programs and activities available to New York State prisoners through DOCCS. They also meet the requirements for residing in and receiving the services, programs and activities, and appropriate accommodations of the Sensorially Disabled Units and Programs.
13. As described below, each Plaintiff is a "qualified individual with disabilities" as that term is defined in the Rehabilitation Act, 29 U.S.C. § 794, and the ADA, 42 U.S.C. § 12131(2). Because of their disabilities, each has been and continues to be denied access to programs, services and activities provided and operated by Defendants.
14. Plaintif f Anthony Medina: Mr. Medina is 34 years old and is legally blind. He has astigmatism and advanced keratoconus, a degenerative eye disorder characterized by structural changes to the cornea that cause the patient's corneas to thin and change to a conical shape, rather than the normal, more gradual curve. Mr. Medina's keratoconus is bilateral, restricting his vision in both eyes and also resulting in photophobia, or intolerance to light. He also suffers from amblyopia, a disorder where visual stimulation fails to transmit or poorly

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transmits through the optic nerve to his brain, and is suspected of having glaucoma, or abnormally high fluid pressure in the eye. To read written documents, Mr. Medina requires a device capable of 32X magnification. Mr. Medina is currently incarcerated at Wende. He has spent the majority of his time at Wende either in "keeplock," a disciplinary mechanism in which a prisoner is confined to his cell for more of the day than would be true for a general-population inmate, or in the Special Housing Unit ("SHU"), a disciplinary unit of mostly single-occupancy cells apart from the general population, where prisoners are kept in their cells for 23 hours a day with one hour of solitary recreation. While in keeplock or the SHU, Mr. Medina is denied access to the Resource Room and the law library. Apart from a small magnifying glass which is not powerful enough to permit him to read, Mr. Medina is provided with no additional accommodations in keeplock or the SHU.
15. Even when he is not in keeplock or the SHU, Defendants do not reasonably accommodate Mr. Medina's disabilities. For example, the type size or font of the DOCCS form for requesting and accessing "sick call" is too small for him to read, requiring him to rely on the assistance of other inmates - when such assistance is even available - to complete forms that ask him to divulge confidential, personal medical information. On at least one occasion, Mr. Medina was unable to receive medical treatment for a skin laceration because there was no other inmate able to help him fill out the sick call forms. By failing to accommodate his disabilities, Defendants are effectively denying Mr. Medina full and equal access to medical care, as well as to the numerous other services that require him, and the other Plaintiffs, to complete a prescribed form available only in small print.
16. Mr. Medina is also denied adequate accommodations that would allow him to perform legal research and draft legal documents. Even when he is not in the SHU or keeplock,

Case 1:11-cv-00176-JLC Document 107 Filed 04/30/12 Page 8 of 35
the law library does not contain devices sufficient to allow him to perform legal research, given his visual impairment. The inadequate facilities at the law library place Mr. Medina in constant peril of not meeting court-ordered deadlines.
17. Due to his disabilities, Mr. Medina has been denied access to recreation programs equal to those provided to non-disabled prisoners. The only exercise opportunities afforded to Mr. Medina, and the other legally blind and severely visually disabled, are during the same time and in the same place as non-disabled prisoners, exposing him to danger from the weight-lifting equipment used by other inmates and from the proximity to exercising inmates whom he cannot see.
18. Mr. Medina was told in July 2011 that he would receive more powerful contact lenses, which he needs. He did not receive them, but nevertheless DOCCS reclassified him as being severely visually impaired, rather than legally blind.
19. Plaintif f James Colantuono: Mr. Colantuono is 51 years old and is legally blind. He has diabetes-related macular degeneration in both eyes, a condition of the retina that causes a loss of vision in the center of his visual field. This makes it difficult or impossible for him to read, or to recognize faces.
20. Mr. Colantuono needs a device capable of 7X magnification in order to read. He has not been provided such a device at Wende, and instead has been given only a small magnifying lens and a "sheet" magnifier, neither of which is powerful enough to let him read. Like Mr. Medina, Mr. Colantuono cannot read and complete the sick call form without the assistance of another inmate, thus requiring Mr. Colantuono to trade his privacy away in order to access health care. He also cannot read or complete the forms needed to file grievances under prison grievance procedures, or the form needed to make prison commissary purchases. By

Case 1:11-cv-00176-JLC Document 107 Filed 04/30/12 Page 9 of 35
failing to accommodate his disability. Defendants are effectively denying Mr. Colantuono full and equal access to medical care, the grievance system, commissary services, and the numerous other services that require him, and the other Plaintiffs, to complete a prescribed form available only in small print.
21. In addition, Mr. Colantuono needs sunglasses for glare reduction and adjustment to outside light; while an eye specialist at Sullivan recommended that he be provided with wide sunglasses with covered sides, he has not received them.
22. Plaintif f Kelvin Curran: Mr. Curran is 46 years old, and is legally blind. He, too, has macular degeneration, as well as retinitis pigmentosa, a type of retinal dystrophy that causes progressive vision loss and, ultimately, incurable blindness.
23. Sullivan's Resource Room includes two computers capable of enlarging images so that Mr. Curran could read them. But because one computer is dedicated to legal research and because of the sheer number of inmates who access the Resource Room, these computers are often unavailable to Mr. Curran. He is therefore unable to read his personal correspondence. In addition, there is no audio program available to assist or instruct Mr. Curran on how to use this equipment. Mr. Curran has asked to be instructed in Braille, but the Defendants have denied this request and there are no Braille instruction books in large print available for him to teach himself. As a result of these failures to accommodate his disability, Mr. Curran is excluded from any facility programs, activities, and services that require the ability to read.
24. Plaintif f Warren Davis: Mr. Davis is 28 years old, has a prosthetic right eye, and is currently classified at Sullivan as severely visually impaired even though his vision is rated at 20/400 in his left eye, which should classify him as legally blind. He received his erroneous reclassification from legally blind to severely visually impaired around the time of his

Case 1:11-cv-00176-JLC Document 107 Filed 04/30/12 Page 10 of 35
transfer to Sullivan. He has advanced keratoconus in his left eye. While his vision is partially improved through the use of a contact lens, he still has difficulty seeing even with this correction.
25. In theory, Mr. Davis has been assigned to GED classes as an educational program. But the books for the GED program are not available in print large enough for him to read them. The pre-test forms and test forms for the GED are available in enlarged format, but they too are not large enough for him to read them. Mr. Davis has requested additional time to complete the GED exam to accommodate his vision impairment, but that request was denied by a Sullivan educational coordinator. Due in part to Defendants' failure to provide accommodations in the program, Mr. Davis failed the GED test.
26. Mr. Davis is also denied sufficient access to the Resource Room, because it is available during program hours when he is often assigned elsewhere, either to the GED program in the morning and to a work assignment in the afternoon. By failing to provide him with accommodations in the form of adequate access to the Resource Room, Defendants are denying Mr. Davis the use of equipment that would enable him to study and read. Mr. Davis has also asked to be instructed in Braille, but was informed that Braille instruction is not available at Sullivan and there are no Braille instruction books in large print available for him to teach himself.
27. Plaintif f Kevin Jones: Mr. Jones is 46 years old, and is legally blind. He suffers from diabetes, glaucoma, and optic nerve damage. Complications of his diabetes have impaired his vision, which continues to deteriorate.
28. Mr. Jones needs access to eye specialists outside of Sullivan. His access to those and other medical specialists is inappropriately restricted because Defendants refuse to provide him with accommodations, like mobility aides to escort him from the prison vehicle to the
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transport vehicle, and from the transport vehicle to the medical clinic area. Defendants require Mr. Jones, a blind man, to walk through the Sullivan building towards the vehicle while shackled and without any physical guidance. In May or June, 2010, Mr. Jones was transported - without a mobility escort - for an eye clinic appointment at Coxsackie Correctional Facility. During the walk to and from the vehicle, Mr. Jones was vulnerable and at risk of falling. Since that time, Mr. Jones has refused to be transported for outside medical trips without a mobility guide or other appropriate escort because of the fear of physical injury. By denying his request for accommodations during transport. Defendants have effectively denied access for Mr. Jones to needed medical care and services.

29. Like Mr. Davis, Mr. Jones was assigned to the GED program but was unable to meaningfully access the program because of Defendants' failure to accommodate his disability. Large print instructional materials and tests were not provided, and devices for enlarging the materials were not available to him. The Sullivan educational coordinator. Dr. Woods, and the GED teacher, Mr. Catorci, both advised Mr. Jones that an enlarging device would be provided for visually impaired GED students, but no such device was provided. Because of his inability to read the instructional materials, Mr. Jones withdrew from the GED class.

30.

Like Mr. Coluantono, Mr. Jones cannot read the form needed to make prison

commissary purchases because of Defendants' failure to provide the visually impaired prisoners

with large print documents or with documents otherwise tailored so as to be legible. By failing to

accommodate his disability, DOCCS is effectively denying Mr. Jones full and equal access to the

commissary program as well as access to medical care, the grievance system, and the numerous

other services that require him, and the other Plaintiffs, to complete a prescribed form available

only in small print.

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31. Mr. Jones is denied access to the law library program and services because there is only one computer in the law library for use by approximately twenty visually impaired or legally blind inmates. Because it is the only device capable of enlarging the text of legal research materials, adequate access to this computer is essential for ensuring adequate, meaningful access to the law library for blind and visually impaired inmates.
32. Mr. Jones is also severely restricted in his ability to access recreational programs, because the visually impaired are offered sheltered gym recreation only once a week, and must share this time and space with non-disabled inmates.
33. Plaintif f Peter Lopez: Mr. Lopez is 36 years old, and is legally blind. He suffers from vitelliform macular dystrophy, a degenerative, genetic disorder - also known as "Best's disease" — that causes progressive vision loss by affecting the cells in the macula, the center of the retina. Mr. Lopez's vision is now almost exclusively peripheral. Using his peripheral vision to focus on the details of objects in front of him causes him pain in as little as five minutes. He therefore cannot read or write without significant, painful eye strain and a burning sensation in his eyes, often followed by severe headaches. He also suffers from photophobia. Mr. Lopez has received accommodations that are of no use to him because they are issued without regard to his particular condition and needs. For instance, he must use sunglasses because of his photophobia. Defendants issued him sunglasses through the SDU coordinator, but they are designed to exclude peripheral light; given his macular dystrophy, glasses that exclude peripheral light make it impossible for him to see at all. There are sunglasses available that would address his light sensitivity without impeding his peripheral vision, and Mr. Lopez's doctors have prescribed them, but the SDU staff have told him that he must either use the peripheral-light-blocking sunglasses he was given or use no sunglasses at all.
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34. Mr. Lopez is also denied meaningful access to devices that would allow him to read legal papers, conduct legal research, and draft legal documents relating to his several pending actions. While in keeplock, he is provided with only a magnifying glass, which is of no use to him given his condition. Even outside of keeplock, he is not provided with adequate resources. Mr. Lopez needs to use the scanning devices in the Resource Room to read legal cases and other legal research that he printed in the law library. Unfortunately, Defendants fail to open the Resource Room and law library consistently for a sufficient number of hours. Further, the devices in the Resource Room and the law library are too few in number, too limited in capability, and too restricted in availability to accommodate his visual impairments. Likewise, the accommodating devices are insufficient to allow Mr. Lopez proper access to his personal, non-legal mail because he needs the help of the devices to both read and write personal mail. And Mr. Lopez, like the other Plaintiffs, is unable to read and/or complete the prescribed prison forms, which are required in order to participate meaningfully in prison programs such as the disciplinary and grievance process. Mr. Lopez cannot read the disciplinary notices, nor can he read responses to grievances or written results of disciplinary hearings, so he is unable to understand what he can appeal, whether he should appeal, how to appeal, and, if advised by another prisoner of the content of the decision, he cannot draft an appeal without the help of accommodating devices or another prisoner.
35. Mr. Lopez is also unable to read posted notices and alerts, and has missed news, schedules, call-outs and other important notices concerning DOCCS programs, activities and services. By failing to accommodate his disability, Defendants effectively deny Mr. Lopez full and equal access to the grievance system, the law library, and the numerous other services that
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require him, and the other Plaintiffs, to read a notice or complete a prescribed form available only in small print.
36. Nor can Mr. Lopez participate meaningfully in the recreational, educational, and vocational programs offered to non-disabled inmates, because Defendants do not make reasonable accommodations for his disability.
37. Plaintif f Christophe r Morrishaw: Mr. Morrishaw is severely visually impaired. He has advanced, degenerative keratoconus and glaucoma affecting both eyes. He often sees multiple "copies" of people and things before him, and has trouble seeing objects - even large ones - that are more than a foot away. He has decreased peripheral vision and can read documents, if at all, only by placing the text a few inches from his eyes. Even at that distance, Mr. Morrishaw has trouble reading with his right eye. He has great difficulty hand-writing documents and cannot read handwritten text, even when it is magnified to a larger size. He is also photophobic.
38. Mr. Morrishaw derived some benefit from eyeglasses, but his glasses were broken over two months ago and have not been replaced; a cornea specialist recommended that he be fitted for hard contact lenses instead, but those have not been provided to him, in part, because he has been told that he has not yet sufficiently recovered from cornea surgery and his remaining stitches prevent the use of contact lenses. He has therefore been without eyeglasses or contact lenses for over two months as of the date of this Second Amended Class Action Complaint.
39. Mr. Morrishaw has a pending legal appeal and needs access to accommodations that will allow him to research his appeal and draft legal documents. He also has pending visitation proceedings in family court and must be able to complete and submit paperwork to the court. Mr. Morrishaw was provided with a magnifying glass to read documents, but this
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accommodation was provided to him without regard for his particular needs; a magnifying glass is not an adequate accommodation for his condition. Additionally, Mr. Morrishaw has been provided access to a CCTV, a device that magnifies text of documents, yet Mr. Morrishaw is unable to use this device because of the bright light that it emits.
40. Mr. Morrishaw has experienced difficulties accessing the Resource Room and the law library to work on his legal documents. On several occasions, he has been told by Mr. Peter Cohen, SDU Resource Room teacher, that the Resource Room was full, and he was turned away. As a result, Mr. Morrishaw has been unable to work on his legal cases and is in constant risk of missing deadlines. Mr. Morrishaw has requested a typewriter to use in his cell when the Resource Room is not open. His request was denied and the Sullivan Superintendent at the time responded to his grievance by stating that "typewriters are not a reasonable accommodation."
41. Mr. Morrishaw was enrolled in GED classes but was never given equal or meaningful access to the program, because Defendants failed to adequately accommodate him. Like several other Plaintiffs, he was not provided with large print books, nor was he given more time on tests or assignments. Homework and other information was often written on the chalkboard, where he was unable to read it. He was not provided with alternative ways of receiving this information, such as a printed documents in large font or in an audio format. Mr. Morrishaw asked for books with large text, but his request was denied.
42. Mr. Morrishaw cannot access a number of additional prison services because of the unavailability of large print forms necessary to request or access these services. He is denied meaningful access to disciplinary proceedings because misbehavior reports are written in print too small for him to read. Mr. Morrishaw has not been able to adequately access and participate in the grievance program because he is unable to hand-write the grievances, and no
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accommodations have been provided for him to physically write the grievances. By failing to accommodate his disability, DOCCS is effectively denying Mr. Morrishaw full and equal access to the discipline program, the grievance system, and the numerous other services that require him, and the other Plaintiffs, to complete a prescribed form or read a notice available only in small print.
43. Mr. Morrishaw does not have meaningful, equal access to adequate or appropriate recreational activities because of the Defendants' failure to accommodate his disability. He would like to learn Braille, but has been told that Braille instruction is not available at Sullivan, and there are no Braille instruction books in large print available for him to teach himself.
44. When Mr. Morrishaw is transported to his outside medical appointments, he is shackled in leg irons and he is not provided the assistance of a mobility aide. As a result, Mr. Morrishaw's ability to safely navigate to and from medical appointments is severely limited. Oftentimes, these leg irons are secured so tightly that Mr. Morrishaw is unable to walk at all. Mr. Morrishaw has refused to attend medical appointments due to his fear of serious bodily injury from tripping and falling while trying to walk in shackles without a mobility aide. Because he has been denied his requests for accommodations during transport. Defendants have effectively denied Mr. Morrishaw equal and adequate access to needed medical care and services.
45. Plaintif f Michae l Smith: Mr. Smith is 40 years old, and is severely visually impaired. He has bilateral degenerative myopia, a hereditary condition characterized by marked changes of the interior surface of the eye that impair the eye's ability to focus. Mr. Smith's condition is essentially an extreme form of nearsightedness. He also suffers from nystagmus, a continuous and involuntary lateral movement of his eye, which causes blurred vision.
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46. Mr. Smith wears corrective eyeglasses, but they do not significantly improve his vision. To read or write, Mr. Smith must hold the document very close to his eyes. As is true for the other Plaintiffs, Mr. Smith cannot read or complete many of the forms used in Sullivan because the text is too small for him. For example, he cannot read the call-out sheets that alert prisoners to medical and other appointments, and has missed appointments when he could not find someone to read the sheet to him. This is a significant problem in prison: missing a medical call-out may result in a disciplinary infraction. By failing to accommodate his disability, Defendants are effectively denying Mr. Smith full and equal access to the medical care system, the grievance system, and the numerous other services that require him, and the other Plaintiffs, to complete a prescribed form or read a notice available only in small print.
47. Mr. Smith sometimes uses a magnifying glass to read and write documents, but can do so for only short periods given the effort involved in holding a magnifying glass while also holding the document inches from his face. Mr. Smith is currently working on an appeal of his conviction, and requires the use of the law library to research and draft his submissions. Due to the limited space and resources in the law library, Mr. Smith is often unable to access a computer, and is therefore unable to work on his appeal. He faces a constant risk of missing court imposed deadlines as a result of this lack of resources.
48. Mr. Smith has also experienced the same problems in using the Resource Room that other Plaintiffs have experienced: the Resource Room is often closed, and has insufficient computers given the significant demand from the inmate population.
49. Mr. Smith has also experienced the same problems with the recreational facilities as have other visually impaired inmates: there are no accommodations for the visually impaired such as vision-impaired-appropriate recreational equipment, and he is and has been forced to
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exercise in proximity to sighted inmates who are lifting weights which is quite dangerous and serves as a barrier to full and equal access to recreation.
FACTUAL ALLEGATIONS COMMON TO THE CLASS
50. The specific experiences of the eight named Plaintiffs may differ somewhat due to the extent of each individual's impairment as well as their particular need or desire for a specific program, service, or activity. But the problems encountered by the named Plaintiffs are common to the population of legally blind and severely visually impaired inmates incarcerated at Sullivan and Wende, and they illustrate a pattern of Defendants' failure to accommodate, creating a denial of access that is wholly improper under the disability laws. Sensorially-Disabled Units and Sensorially-Disabled Programs
51. In addition to those at Sullivan and Wende, DOCCS operates SDUs and SDPs within Eastern Correctional Facility, Woodboume Correctional Facility, and Wyoming Correctional Facility.
52. When an inmate with sensorial disabilities, including legal blindness or severe visual impairment, is received into DOCCS custody, the inmate is supposed to be transferred to a facility with an SDU or SDP, in order to accommodate his needs. See DOCCS Directive 2612 Tf III.C. Prisoners with sensorial disabilities may be transferred from an SDU or SDP in one facility to an SDU or SDP in another facility at DOCCS's discretion.
53. Sullivan is a maximum-security facility that has an SDU to accommodate sensorially disabled inmates. According to DOCCS Directive 2612, if a needs assessment was not conducted prior to the inmate's arrival at Sullivan, Sullivan staff are responsible for completing a needs assessment based on the functional ability, vocational skills, and academic level of blind and severely visually impaired inmates. Needs assessments are to be updated as an inmate's sensorial disabilities change. Staff are responsible for making placement and program
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recommendations, and final determinations regarding the provision of reasonable accommodations. The sensorially disabled inmates are housed together in the same unit.
54. Wende is a maximum-security facility that has an SDP to service sensorially disabled inmates. According to DOCCS Directive 2612, if a needs assessment was not conducted prior to an inmate's arrival at Wende, Wende staff are responsible for completing a needs assessment based on the functional ability, vocational skills, and academic level of blind and severely visually impaired inmates. Needs assessments are to be updated as an inmate's sensorial disabilities change. Staff are responsible for making placement and program recommendations, and final determinations regarding the provision of reasonable accommodations.
55. DOCCS prisoners who are not blind or severely visually impaired are offered the opportunity to participate in programs services and activities, including educational programs, vocational classes, work programs, law library, and recreational programs. The non-disabled prisoners are also afforded access to health services and a grievance system through which a prisoner is allowed to object to a particular prison practice or situation. As described below, however, the programs, activities, and services comparable offered to those in the general population are not offered on a comparable basis, or are not accessible to, visually impaired inmates in the Sullivan SDU and the Wende SDP. Transportation an d Movement
56. As described above. Defendants fail to accommodate vision disabilities by making safe transportation available to visually impaired prisoners for trips outside the prison.
57. At Sullivan, inmates who use canes may not take the canes outside of the prison, and are not permitted other mobility aids to assist them outside the prison. When they leave the
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prison, all prisoners - including the visually impaired - are shackled, and are not assisted by staff in getting safely from the prison to the transport vehicles. Though mobility aides are provided for prisoners in some situations, legally blind and severely visually impaired prisoners are not allowed to use mobility aides when being taken to outside medical appointments. This creates a real risk, to say nothing of a serious fear, of falling and being injured.
58. Similarly, when blind and visually impaired prisoners are taken to SHU, they are handcuffed behind their backs and not allowed canes or other mobility aids, also creating a risk of injury. Legibility o f Documents
59. Access to many DOCCS programs, services, and activities is dependent on the prisoner being able to use certain prescribed forms, and other documents. Requests for services must be made in writing and are often granted or denied in writing. The legally blind and severely visually impaired inmates at Sullivan and Wende need the same access to these documents as non-disabled inmates. But at Sullivan and Wende, all manner of documents including disbursement forms, sick call slips, uniform-repair forms, commissary forms, law library slips, disciplinary appeal forms, disciplinary disposition sheets, property disposal forms, and grievance forms - are not provided to legally blind and visually impaired inmates in large print, or recorded on audio, or some other accessible and usable format. The lack of large print, or audio versions of these documents renders these materials unreadable and unusable for these inmates.
60. Because many of the programs, services, and activities offered or provided by DOCCS can be accessed only by written request, the lack of accessible documents renders numerous programs, activities, and services unavailable to the Plaintiffs. For instance, a prisoner
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may seek medical care through "sick call" at the clinic only if he has submitted a "sick call form' to a member of staff. The law library, too, is accessed through a written request. For inmates on keeplock status or in the SHU, legal materials may be received only on written request. Food from the commissary is available only through written request, but there is no large-print, audio, or other accessible version of the sick-call, law library, or commissary request forms. And, as described above, the prisons do not provide large-print, audio, or other appropriately accessible versions of the books needed for inmates to study for their GED exams, and have specifically denied requests for accessible version of the books.
61. Likewise, inmates often learn of the availability of other services only through announcements posted in housing areas, illegible to the legally blind or severely visually impaired. This is true even when the announcement is posted in the SDU housing area or in other areas used predominantly by the legally blind and severely visually impaired. As a result, the legally blind and visually impaired prisoners do not have equal and meaningful access to the programs and services that notify prisoners through posted notices. Discipline Proces s
62. Sullivan and Wende have regulated disciplinary procedures, whereby prisoners will be notified in writing of disciplinary violations (the "ticket" or "misbehavior report") and provided the opportunity to contest such charges. Defendants fail to provide adequate accommodations to visually impaired prisoners in the disciplinary process. As a result, because of their disabilities, the legally blind and visually impaired prisoners at Sullivan and Wende do not have equal, meaningful access to the process by which they can defend themselves against unfair or inaccurate disciplinary charges. These barriers to access for the legally blind and severely visually impaired prisoners include:
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a) Defendants' failure to provide misbehavior reports identifying the charge and instructions for the inmate, in a large, readable format;
b) Defendants' failure to provide adequate assistance in preparing for disciplinary hearings or during the hearing itself; and
c) Defendants' failure to provide access to assistive devices that would allow the inmate to read documents to aid in his defense. Educational Program s 63. All prisoners at Wende and Sullivan are provided the opportunity to attend GED classes and other educational programs. As noted above, the materials for these classes are not offered in formats accessible to the visually impaired inmates. But this is not the only way in which visually impaired inmates are denied meaningful access to GED classes. Defendants do not make assistive devices available in the classroom for use by visually impaired inmates who need them. And Defendants have denied inmates' requests to provide large-font handouts instead of writing on a chalkboard, and refuse to let inmates take the exams orally or let them have more time to complete printed exams.
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Access to and Sufficiency o f the Resource Rooms 64. At both Wende and Sullivan, DOCCS provides "Resource Rooms" for severely
visually impaired and legally blind prisoners in the SDU and SDP. These Resource Rooms contain devices intended to help the visually impaired and legally blind read and draft letters, books, and other documents. These inmates require sufficient, regular access to these devices, and therefore to the Resource Room, in order to access a number of other programs, services, and activities such as personal and legal mail, legal research, and general library resources.
65. The Resource Rooms are not open and available a sufficient amount of time to accommodate all the disabled prisoners who wish to use them. They are available only during weekdays in two "modules" (three-hour blocks of time, morning and afternoon at Sullivan, and two-hour blocks of time, morning and afternoon at Wende). Prisoners who are out of the housing unit during the day for programs or other purposes do not have access to the Resource Room. Further, if a SDU/SDP prisoner must retrieve his medication from the medication window, attend a clinic appointment, attend another program, or attend some other event at the beginning of a module, they will not be able to access the Resource Room that day, because staff will not allow entry into the room after a specified time.
66. The Resource Rooms are not even available consistently during the posted hours. On some days, the rooms are not open at all because the designated instructor is otherwise occupied or unavailable. At Wende, the Resource Room is regularly used by staff to hold other meetings, and visually impaired inmates are excluded from the room at those times. There is generally no advance warning given to prisoners about when the Resource Room will be closed during a given week.
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67. When the Resource Room is open and accessible, Plaintiffs often cannot make use of the devices because there are not enough of them to meet thie needs of all the visually impaired prisoners. This problem is exacerbated by the limited hours the room is open, and by the fact that when the machines break, they often go without repair for long periods of time. Ability to Create Printed Document s
68. Visually impaired prisoners require meaningful access to equipment, devices, or other means to create typed or printed documents so that they can fully participate in DOCCS services, programs, and activities. They find it difficult or impossible to hand-write documents, a disadvantage that non-visually impaired prisoners do not share. Non-disabled prisoners can take notes from law books and review those notes later in their cells; they can also physically take the books back to their cells. Visually impaired prisoners, in contrast, rely on the use of a printer that will allow them to print large type documents if they want to be able to read them. This need is heightened especially if they want the ability to read the printed documents when the Resource Room is closed.
69. Printing out documents in a large font uses more paper than printing the same document in a smaller font. Despite the difference, visually impaired prisoners are held to the same paper limitations as are non-disabled prisoners, and are therefore unable to print as much material as non-disabled prisoners.
70. Prisoners at Wende and Sullivan are provided typewriters for use in their cells (Sullivan prisoners must pay for theirs), but the type and the keys on the typewriters are too small for the legally blind or severely visually impaired to use them.
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Law Librar y 71. Prisoners at Sullivan and Wende are provided access to a law library to allow
them to perform their legal work and research. The same law library is used by all prisoners, including the visually impaired prisoners and the general population. As described above, and set forth in more detail below, Defendants do not provide reasonable accommodations to visually impaired prisoners in the law libraries. Thus:
a) Defendants fail to make important documents, including forms, available in large type or other accessible format;
b) The prison law libraries no longer contain bound case reporters. Instead, case-law-dependent legal research must be done on a computer. But there is only one computer in each law library for legal research, and another one for preparing documents. All prisoners at Wende and Sullivan, including the non-disabled, share these computers. This scarcity of resources disproportionately impacts the visually impaired, because they have difficulty writing by hand and must use the computer not only for research but for note-taking.
c) At Wende, the device intended to read aloud from printed text is not connected to a monitor and is known to misread the text, specifically garbling case citations. Without a monitor, the prisoners cannot confirm that the device-generated audio is accurate.
d) There is only one computer in the Wende law library that visually impaired inmates may use to print documents. It has been broken for several months. Lack of Instructions in Using Assistive Devices 72. Sullivan and Wende do provide some devices to assist visually impaired prisoners. But there is no formal instruction in how to use the devices. Instructions for the use
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of vision-assistance devices do not exist, in audio or large-print format. The prisons do not provide prisoners with instructions in those forms. And the prison staff is not sufficiently knowledgeable to teach the inmates to use these devices.
73. Since visually impaired prisoners are not provided with instruction and other assistance on how to use the computers and other electronic reading, writing, and magnifying devices, they are not effectively or reasonably accommodated in the law library or other programs, services, and activities for which the assistive devices are needed to be utilized. Recreational Activit y
74. Wende and Sullivan prisoners are afforded a number of indoor and outdoor recreation opportunities. Visually impaired inmates, however, are not provided with accommodations that would allow them to safely engage in exercise and other recreational activities, thereby denying them equal, meaningful access to such programs. Instead, they are generally required to exercise in the same place and at the same time as the non-disabled inmates in general population.
75. Visually impaired prisoners do not feel safe to move around in the presence of non-disabled prisoners who are vigorously exercising and are not aware or attentive to the fact that they are sharing resources and space with the visually impaired.
76. Even the recreation equipment itself poses a danger to visually impaired prisoners. For example, they are provided with free weights, rather than weight machines, despite the significant danger that free weights could pose to a person who cannot see.
77. Visually impaired prisoners are given the option for "sheltered recreation," but only once per week. And Defendants fail to provide suitable materials for visually impaired prisoners that would enable them to engage in non-yard recreation, such as large-print playing cards or other appropriate games.
26

Case 1:11-cv-00176-JLC Document 107 Filed 04/30/12 Page 27 of 35
Communal Dinin g 78. While the general population at Wende eats its meals in the communal dining
area, visually impaired and legally blind prisoners at Wende are not allowed to go to the facility mess hall to eat their meals. Instead, they are required to eat alone in their cells, often provided with cold food and in smaller portions than is available in the communal dining area. Reasonably Tailore d Accommodation s
79. Where Defendants have attempted to accommodate the disabilities of the visually impaired, they have often done so in ways that simply do not work. For example, at Sullivan some prisoners have been provided with magnifying glasses, even though they are completely blind and cannot use them.
80. At Wende, all visually impaired prisoners are provided with canes, though not all require them. Wende officials have stated that the canes are used to identify the visually impaired prisoners and to differentiate them from fully sighted prisoners.
81. Sometimes, the prisons act as if the prisoners have already received needed accommodations - glasses, for example - even though the prisoners never received them. This has resulted in prisoners having been classified as no longer visually impaired, even though they never received corrective lenses and remain legally blind or severely visually impaired in fact, if not in classification status.
CLASS ACTION ALLEGATION S 82. Plaintiffs bring this action pursuant to Rule 23(b)(1) and Rule 23(b)(2) of the Federal Rules of Civil Procedure, on behalf of all legally blind or severely visually impaired inmates, as defined by DOCCS Directive 2612 | f II.D and E, who are now, or will be, under the custody of DOCCS and housed in the SDU at Sullivan or part of the SDP at Wende (the "Class").
27

Case 1:11-cv-00176-JLC Document 107 Filed 04/30/12 Page 28 of 35
83. The Class is so numerous that joinder of all members is impracticable. a) The exact size of the Class is unknown, because the inmate populations in the SDU at Sullivan and SDP at Wende are continuously changing. The number of inmates in the Sullivan SDU and Wende SDP is, however, sufficiently large as to render joinder of all class members impracticable; b) Joining all prisoners housed in the SDU at Sullivan or participating in the SDP at Wende would be further impracticable because they are each disabled, as defined by 29 U.S.C. § 705(20) and 42 U.S.C. § 12102, and thus to require each to participate individually in litigation, rather than through the representative process of a class action, would cause a needless and enormous drain on prison and Court resources; c) Because all prisoners housed in the SDU at Sullivan or part of the SDP at Wende are disabled, as defined by 29 U.S.C. § 705(20) and 42 U.S.C. § 12102, in ways that severely impact their vision, their ability to pursue litigation on their own is severely impacted.
84. The policies, practices, omissions, and conditions that form the basis of this complaint are common to all members, and the relief sought will apply to the entire class.
85. The claims of the Plaintiffs are typical and are not in conflict with the interests and claims of the Class as a whole. All members of the Class are similarly affected by the Defendants' allegedly wrongful conduct as complained of herein.
28

Case 1:11-cv-00176-JLC Document 107 Filed 04/30/12 Page 29 of 35
86. The prosecution of separate actions by individual members of the Class would create a risk of inconsistent and varying adjudications that would establish incompatible standards of conduct for the Defendants.
87. Defendants have acted or refused to act on grounds generally applicable to the Class, making appropriate injunctive and declaratory relief with respect to the Class as a whole.
88. There are questions of law and fact common to the members of the Class, including whether Defendants have violated the ADA and the Rehabilitation Act, based on their failure to accommodate legally blind and severely visually impaired inmates in the following ways:
a) Failing to provide or post prison forms in a manner legible or otherwise accessible to legally blind or severely visually impaired prisoners;
b) Failing to provide assistive devices that would allow members of the Class to read various documents;
c) Failing to provide meaningful access to the prisons' Resource Rooms and law libraries;
d) Failing to provide meaningful access to equipment, devices, or other means to create typed or printed documents;
e) Failing to make available sufficient classes, programming, recreational activities, and/or vocational training appropriate for the legally blind or severely visually impaired;
f) Failing to make available safe transportation for trips outside the prisons;
29

Case 1:11-cv-00176-JLC Document 107 Filed 04/30/12 Page 30 of 35
g) Failing to provide visually impaired inmates at Wende access to communal dining so that they do not have to eat alone in their cells; and
h) Failing to provide accommodations tailored to each individual's disability.
89. The Plaintiffs' interests are co-extensive and not in conflict with those of the Class. The Plaintiffs are capable of fairly and adequately representing the Class and protecting its interests.
90. The Plaintiffs and the proposed Class are represented by The Legal Aid Society's Prisoners' Rights Project; and Paul, Weiss, Rifkind, Wharton & Garrison LLP. The Legal Aid Society is a legal services organization whose attorneys are experienced in class action litigation on behalf of prisoners and will adequately represent the Class. Through prior litigation, the Prisoners' Rights Project has secured court-ordered institutional reform within several DOCCS operated prisons. Paul, Weiss, Rifkind, Wharton & Garrison LLP is a national law firm experienced in class action litigation and will adequately represent the Class.
STATEMENT OF CLAIMS COUNT ONE
(Violations of the Americans with Disabilities Act; Against All Defendants ) 91. Plaintiffs are qualified individuals with disabilities as defined in the ADA. They are all legally blind or severely visually impaired, which substantially limits the major life activity of seeing, and also affects other major life activities including reading, learning, performing manual tasks, walking, communicating and working. 92. Plaintiffs have records of having such an impairment.
30

Case 1:11-cv-00176-JLC Document 107 Filed 04/30/12 Page 31 of 35
93. As state prisoners, all Plaintiffs meet the essential eligibility requirements for the receipt of services or the participation in programs or activities provided by Defendants. 42 U.S.C. § 12102 (2); 42 U.S.C. § 12131(2); 29 U.S.C. § 794.
94. Defendants discriminate against legally blind or severely visually impaired prisoners by failing to accommodate their disabilities to provide access to programs and services in at least the following areas: educational, vocational, work, grievance, disciplinary proceedings, health services, and recreation.
95. Defendants discriminate against Plaintiffs on the basis of their disabilities in violation of 42 U.S.C. § 12132
96. Defendants are agents or officials of public entities and/or public entities as that term is defined under 42 U.S.C. § 12131(1)(B).
COUNT TWO (Violations of Section 504 of the Rehabilitation Act; Against All Defendants ) 97. Plaintiffs are qualified individuals with disabilities as defined by the Rehabilitation Act. They are all legally blind or severely visually impaired, which substantially limits the major life activity of seeing, and also affects other major life activities including reading, learning, performing manual tasks, walking, communicating and working. 98. Plaintiffs have records of having such an impairment or are regarded as having such an impairment. 99. As state prisoners, all Plaintiffs meet the essential eligibility requirements for the receipt of services or the participation in programs or activities provided by Defendant DOCCS. 42 U.S.C. § 12102(2); 42 U.S.C. § 12131(2).
31

Case 1:11-cv-00176-JLC Document 107 Filed 04/30/12 Page 32 of 35
100. Defendants discriminate against Plaintiffs solely on the basis of their disabilities by failing to accommodate their disabilities to provide access to prison educational, vocational, work, library and recreation programs, disciplinary proceedings, and grievance proceedings.
101. DOCCS receives federal financial assistance. REQUEST FOR RELIEF
WHEREFORE, Plaintiffs respectfully request that this Court enter a judgment in their favor as follows:
102. Certifying this action as a class action under Fed. R. Civ. P. 23(a) and 23(b)(1), (b)(2), with the Class as defined above.
103. Adjudging and declaring that the policies, practices, omissions, and conditions described above are in violation of the rights, under the ADA and the Rehabilitation Act, of the Plaintiffs and the members of the Class.
104. Permanently enjoining Defendants, their agents, employees, and all persons acting in concert with them from subjecting Plaintiffs and the members of the Class to the illegal policies, practices, omissions and conditions described above.
105. Directing Defendants to perform individualized assessments of legally blind or severely visually impaired prisoners at Sullivan or Wende, to determine the extent of their abilities to participate in programs, services, and activities, and to determine the reasonable accommodations that these prisoners need in order to do so.
106. Directing Defendants to take all necessary action to provide full access to DOCCS services and activities and a full range of programming options, including educational, vocational, and work programs, and accessible indoor and outdoor recreation, to prisoners at Sullivan and Wende who are legally blind or severely visually impaired.
32

Case 1:11-cv-00176-JLC Document 107 Filed 04/30/12 Page 33 of 35

107. Awarding Plaintiffs reasonable attorneys' fees, costs, disbursements, and other litigation expenses, pursuant to 29 U.S.C. § 794(b) and 42 U.S.C. § 12205.
108. Retaining jurisdiction over this case until Defendants have fully complied with the orders of this Court and there is a reasonable assurance that Defendants will continue to comply in the future.
109. Ordering such other and further relief as the Court may deem just and proper.

Dated: New York, New York April 30, 2012

PAUL, WEISS, RIFKIND, WHARTON & GARRISON LLP

Eric Alan Stone Daniel J. Kramer Asad I. Kudiya 1285 Avenue of the Americas New York, New York 10019-6064 (212)373-3326 estone@paulweiss.com dkramer@paulweiss.com akudiya@paulweiss. com
Steven Banks, Attomey-in-Chief Veronica Vela Milton Zelermyer John Boston THE LEGAL AID SOCIETY Prisoners' Rights Project 199 Water Street New York, New York 10038 (212) 577-3530 vvela@legal-aid.org mzelermyer@legal-aid.org jboston@legal-aid.org
Attorneys forPlaintiffs and the Proposed Class

33

Case 1:11-cv-00176-JLC Document 107 Filed 04/30/12 Page 34 of 35

AFFIDAVIT OF SERVICE BY FIRST CLASS MAIL
STATE OF NEW YORK ) ) ss.:
COUNTY OF NEW YORK )

TREVOR J. HILL, being duly sworn, deposes and says: 1. I am not a party to this action, am over 18 years of age and am employed by
Paul, Weiss, Rifkind, Wharton & Garrison LLP, 1285 Avenue of the Americas, New York, New York 10019.

2. On April 30, 2012,1 served a true copy of the following: SECOND AMENDED CLASS ACTION COMPLAINT on the following:

Mr. Paul Ford DIN81-B-1297 Sullivan Correctional Facility 325 Riverside Drive Fallsburg, NY 12733
= Mr. Darrius Reid •
c/o Margaret Reid 1159 E. 229 Drive, Apt. 2E
Bronx, NY 10466

= ,..,
c- .
~~'
~' o ~ -., b, .!"'.

Frederick Hongyee Wen Assistant Attorney General The Office of the Attorney General for the State of New York
120 Broadway New York. NY 10271

Case 1:11-cv-00176-JLC Document 107 Filed 04/30/12 Page 35 of 35

3.1 made such service by personally enclosing a true copy of the aforementioned

document in a properly addressed prepaid wrapper and depositing it an official depository

under the exclusive custody and care of the United States Postal Service in the State of

New York.
Sworn to before me this 5 ^ - d a y of April. 2012.

--\a^v\

m

Trevor J. Hill

^£,
/-^otarylPublic
JAE HEE HAN Notary Public Stat e of New York
No 01HA623026 2 Qualified in Queens County Commission Expires Nov 1 , 201 4

 
 Case 1:11-cv-00176-JLC Document 174 Filed 02/28/14 Page 1 of 4

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK

ANTHONY MEDINA, KELVIN CURRAN, JAMES COLANTUONO, WARREN DAVIS, KEVIN JONES, PETER LOPEZ, CHRISTOPHER MORRISHAW AND MICHAEL SMITH, individually and on behalf of others similarly situated.

Plaintiffs,

-against-

THE NEW YORK STATE DEPARTMENT OF CORRECTIONS AND COMMUNITY SERVICES; BRIAN FISCHER, COMMISSIONER OF THE NEW YORK STATE DEPARTMENT OF CORRECTIONS AND COMMUNITY SERVICES; LUCY BUTHER, ADA COORDINATOR OF THE NEW YORK STATE DEPARTMENT OF CORRECTIONS AND COMMUNITY SERVICES; PATRICK J. GRIFFIN, SUPERINTENDENT OF SULLIVAN CORRECTIONAL FACILITY; DARROW CUNNINGHAM, DEPUTY SUPERINTENDENT OF PROGRAMS FOR SULLIVAN CORRECTIONAL FACILITY; CHRISTOPHER KARSON, ASSISTANT DEPUTY SUPERINTENDENT OF PROGRAMS FOR SULLIVAN CORRECTIONAL FACILITY; DALE ARTUS, SUPERINTENDENT OF WENDE CORRECTIONAL FACILITY; AND KAREN CROWLEY, DEPUTY SUPERINTENDENT OF PROGRAMS FOR WENDE CORRECTIONAL FACILITY,

11 Civ. 176 (LAP) (JLC) ECF Case
STIPULATION O F DISMISSAL OF PLAINTIFF MORRISHAW'S
CLAIMS

Defendants.

WHEREAS, this is an action on behalf of prisoners in the custody of and classified as Legally Blind or Severely Visually Impaired ("LB/SVI") by Defendant The New York State Department of Corrections and Community Services ("DOCCS") and

Case 1:11-cv-00176-JLC Document 174 Filed 02/28/14 Page 2 of 4
housed at either the Sullivan Correctional Facility ("Sullivan") or the Wende Correctional Facility ("Wende"); and
WHEREAS, Plaintiff Christopher Morrishaw ("Morrishaw") has had corrective eye surgery, is not currently classified as LB/SVI and, although still in DOCCS's custody, is no longer housed at Sullivan or Wende; and
WHEREAS, Plaintiffs Anthony Medina, Kelvin Curran, Warren Davis, Kevin Jones, Peter Lopez, and Michael Smith (the "Named Plaintiffs") have reached an agreement in principle with Defendants to settle the claims in this action on behalf of a class of LB/SVI prisoners housed at Sullivan and Wende pursuant to a private settlement agreement (the "Private Settlement Agreement") and class-action approval by the Court;
NOW THEREFORE it is hereby stipulated by and between Morrishaw, through his undersigned counsel, and all Defendants, through their undersigned counsel, as follows:
1. Morrishaw's claims in the above-captioned action are dismissed pursuant to Rule 41(a)(l)(A)(ii);
2. The dismissal of Morrishaw's claims provided for in paragraph 1 of this Stipulation is with prejudice provided, however, that if (a) the Private Settlement Agreement is effectuated so as to afford reliefer benefits to a class of LB/SVI prisoners housed at Sullivan and/or Wende, (b) Morrishaw is transferred to Sullivan or Wende during a time that class-wide reliefer benefits under the Private Settlement Agreement are available to LB/SVI prisoners housed there, and (c) Morrishaw meets the

Case 1:11-cv-00176-JLC Document 174 Filed 02/28/14 Page 3 of 4

requirements for membership in the class of prisoners entitled to relief, then Morrishaw shall be entitled to participate in the afforded relief and/or benefits as a member of the class.

Dated: New YorkJ^ew York

F-iC^i ^

. 2014

PAUL, WEISS, RIFKIND, WHARTON & GARRISON LI
Daniel J. Kramer Eric Alan Stone 1285 Avenue of the Americas New York, New York 10019-6064 (212)373-3000 estone@paulweiss.com
A ttorneys for Plaintiff Christopher Morrishaw

-and-
THE LEGAL AID SOCIET Y Prisoners' Rights Project

Dated: New York, New York Ftlor*^-, 3- S . 2014

By:

i/.

Steven Banks, Attorney-in-Chief

John Boston

Milton Zelermyer

Veronica Vela

199 Water Street

New York, NY 10038

(212) 577-3530

mzelermyer@legal-aid. org

vvela@legal-aid.org

A ttorneys forPlaintiff Christopher Morrishaw

-and-

Case 1:11-cv-00176-JLC Document 174 Filed 02/28/14 Page 4 of 4

Dated: New York, New York febnxarf ffi. 2014

ERIC T. SCHNEIDERMA N Attorney General of the State of New York
By ^If&k^AM- / jn^w
Frederick Wen Daniel Schulze 120 Broadway New York, New York 10271 (212)416-6536 Fred.Wen@ag.ny.gov
Attorneys for Defendants The New York State Department of Corrections and Community Supervision, Anthony J. Annucci, Lucy Buther, Patrick J. Griffin, Darrow Cunningham, Christopher Karson, Thomas Sticht and Karen Crowley

 
 Case 1:11-cv-00176-JLC Document 175 Filed 02/28/14 Page 1 of 4

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK

ANTHONY MEDINA, KELVIN CURRAN, JAMES COLANTUONO, WARREN DAVIS, KEVIN JONES, PETER LOPEZ, CHRISTOPHER MORRISHAW AND MICHAEL SMITH, individually and on behalf of others similarly situated.

Plaintiffs,

-against-

THE NEW YORK STATE DEPARTMENT OF CORRECTIONS AND COMMUNITY SERVICES; BRIAN FISCHER, COMMISSIONER OF THE NEW YORK STATE DEPARTMENT OF CORRECTIONS AND COMMUNITY SERVICES; LUCY BUTHER, ADA COORDINATOR OF THE NEW YORK STATE DEPARTMENT OF CORRECTIONS AND COMMUNITY SERVICES; PATRICK J. GRIFFIN, SUPERINTENDENT OF SULLIVAN CORRECTIONAL FACILITY; DARROW CUNNINGHAM, DEPUTY SUPERINTENDENT OF PROGRAMS FOR SULLIVAN CORRECTIONAL FACILITY; CHRISTOPHER KARSON, ASSISTANT DEPUTY SUPERINTENDENT OF PROGRAMS FOR SULLIVAN CORRECTIONAL FACILITY; DALE ARTUS, SUPERINTENDENT OF WENDE CORRECTIONAL FACILITY; AND KAREN CROWLEY, DEPUTY SUPERINTENDENT OF PROGRAMS FOR WENDE CORRECTIONAL FACILITY,

11 Civ. 176 (LAP) (JLC) ECF Case

Defendants.

NOTICE OF JOINT MOTION FOR CLASS CERTIFICATION I N CONNECTION WITH SETTLEMENT, APPOINTMENT OF CLASS REPRESENTATIVES AND CLASS COUNSEL , PRELIMINARY APPROVAL OF THE PARTIES' PRIVATE SETTLEMEN T AGREEMENT, AND APPROVAL OF NOTICE TO CLASS MEMBERS
PLEASE TAKE NOTICE that, upon the attached Declarations of Daniel J.
Kramer, Eric Alan Stone, and John Boston, each dated February 28, 2014, the exhibits

Case 1:11-cv-00176-JLC Document 175 Filed 02/28/14 Page 2 of 4
thereto, the accompanying memoranda of law, and all papers herein, Plaintiffs Kelvin Curran, Warren Davis, Kevin Jones, Peter Lopez and Michael Smith (collectively, "Class Representatives"), along with Anthony Medina (collectively with the Class Representatives, "Named Plaintiffs"), and Defendants the New York State Department of Corrections and Community Supervision ("DOCCS"), Acting DOCCS Commissioner Anthony J. Annucci, DOCCS ADA Coordinator Lucy Buther, Sullivan Correctional Facility ("Sullivan") Superintendent Patrick J. Griffin, Sullivan Deputy Superintendent of Programs Darrow Cunningham, Sullivan Assistant Deputy Superintendent of Programs Christopher Karson, Acting Superintendent of Wende Correctional Facility ("Wende") Thomas Sticht, and Wende Deputy Superintendent of Programs Karen Crowley, in their official capacities (collectively, "Defendants")1, hereby jointly move this Court, pursuant to Rules 23(a), 23(b)(3) and 23(g) of the Federal Rules of Civil Procedure, for an Order:
1. certifying the Action as a class action on behalf of members of the Class pursuant to Rules 23(a) and 23(b)(2) of the Federal Rules of Civil Procedure solely for the purposes of the settlement set forth in this Agreement and for no other purpose;
2. appointing the proposed Class Representatives; 3. appointing Paul, Weiss, Rifkind, Wharton & Garrison LLP and
The Legal Aid Society as counsel for the Class pursuant to Rule 23(g) of the Federal Rules of Civil Procedure; 4. preliminarily approving the settlement, set forth in the proposed Private Settlement Agreement, as fair, reasonable, adequate and in the best interests of Named Plaintiffs and the members of the Class, subject to further consideration at a Fairness Hearing; 5. scheduling a Fairness Hearing for April 21, 2014 at 10:00 am or such other date as the Court shall specify;
1 Acting Commissioner Annucci was automatically substituted for former Commissioner Fischer and Acting Superintendent Thomas Sticht for former Superintendent Dale Artus, pursuant to Fed. R. Civ. P. 25(d).

Case 1:11-cv-00176-JLC Document 175 Filed 02/28/14 Page 3 of 4

6. approving the parties' proposed Notice of Settlement of Class Action; and
7. directing that notice of the proposed Private Settlement Agreement and the Fairness Hearing be provided to all members of the Class as set forth in the parties' joint motion papers.

Dated: New York, New York

fdt^ 2J

, 2014

PAUL, WEISS, RIFKIND, WHARTON & GARRISON LLP.
By:. Daniel J. Kramer Eric Alan Stone 1285 Avenue of the Americas New York, New York 10019-6064 (212)373-3000 estone@paulweiss. com
Attorneys for Plaintiffs
-and-
THE LEGAL AID SOCIET Y Prisoners' Rights Project

Dated: New York, New York

ftbr^Zh ,

2014

By:. fhiJ'j'Uc
Steven Banks, Attorney-in-Chief John Boston Milton Zelermyer Veronica Vela 199 Water Street New York, NY 10038 (212) 577-3530 mzelermyer@legal-aid.org wela@legal-aid.org
Attorneys for Plaintiffs
-and-

Case 1:11-cv-00176-JLC Document 175 Filed 02/28/14 Page 4 of 4

Dated: New York, New York
f Eg&n&try rtfc , 2014

ERIC T. SCHNEIDERMA N Attorney General of the State of New York
By Frederick Wen Daniel Schulze 120 Broadway New York, New York 10271 (212)416-6536 Fred.Wen@ag.ny.gov
Attorneys for Defendants The New York State Department of Corrections and Community Supervision, Anthony J. Annucci, Lucy Buther, Patrick J. Griffin, Darrow Cunningham, Christopher Karson, Thomas Sticht and Karen Crowley

 
 Case 1:11-cv-00176-JLC Document 196 Filed 04/15/14 Page 1 of 7

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK
ANTHONY MEDINA, KELVIN CURRAN, JAMES COLANTUONO, WARREN DAVIS, KEVIN JONES, PETER LOPEZ, CHRISTOPHER MORRISHAW AND MICHAEL SMITH, individually and on behalf of others similarly situated,
Plaintiffs,
- against-
THE NEW YORK STATE DEPARTMENT OF CORRECTIONS AND COMMUNITY SERVICES; BRIAN FISCHER, COMMISSIONER OF THE NEW YORK STATE DEPARTMENT OF CORRECTIONS AND COMMUNITY SERVICES; LUCY BUTHER, ADA COORDINATOR OF THE NEW YORK STATE DEPARTMENT OF CORRECTIONS AND COMMUNITY SERVICES; PATRICK 1. GRIFFIN, SUPERINTENDENT OF SULLIVAN CORRECTIONAL FACILITY; DARROW CUNNINGHAM, DEPUTY SUPERINTENDENT OF PROGRAMS FOR SULLIVAN CORRECTIONAL FACILITY; CHRISTOPHER KARSON, ASSISTANT DEPUTY SUPERINTENDENT OF PROGRAMS FOR SULLIVAN CORRECTIONAL FACILITY; DALE ARTUS, SUPERINTENDENT OF WENDE CORRECTIONAL FACILITY; AND KAREN CROWLEY, DEPUTY SUPERINTENDENT OF PROGRAMS FOR WENDE CORRECTIONAL FACILITY,
Defendants.

USDCSDNY

DOCUMENT

ELECTRONXCALLY FILED

I~D~?;;/!';F 'l/Js1n "f'. _ ..=.:::- -:- j --. 1.~_: ~ .L .-.~'~~ ¥_•.I. _. •

~

11 Civ. 176 (LAP)(JLC) ECF Case

~RDER REGARDING SUPPLEMENTAL NOTICE TO CLASS
WHEREAS, the parties in the above-captioned action ("the Action") have reached an agreement to settle the Action on a class-wide basis and, in connection therewith, on February 28, 2014 submitted to the Court for preliminary approval a Private

USDCSDNY DATE SCANNED

Case 1:11-cv-00176-JLC Document 196 Filed 04/15/14 Page 2 of 7
Settlement Agreement, a joint motion for class certification in connection with settlement, and a proposed notice of settlement of class action;
WHEREAS, on March 4, 2014 the Court issued an Order certifying a settlement class, appointing class representatives and class counsel, preliminarily approving the parties' Private Settlement Agreement and providing for notice to cla<;s members ("March 4 Order");
WHEREAS, pursuant to the March 4 Order, each class member had the opportunity to object to the proposed Private Settlement Agreement by letter to the Court postmarked not later than April 8,2014;
WHEREAS, the Court has received letters suggesting that some class members at Wende Correctional Facility ("Wende") may have had difficulty meeting the deadline to object to the proposed Private Settlement Agreement;
WHEREAS, the parties and the Court recognize the importance of allowing all class members adequate time to object to the proposed Private Settlement Agreement; and
WHEREAS, the parties have jointly requested that the Court provide class members at Wende who were unable to meet the deadline of April 8, 2014 for objections with a brief extension to that April 8 deadline to submit their objections;
NOW THEREFORE, IT IS HEREBY ORDERED: 1. As promptly as possible and in any event not later than seven (7) calendar days after the entry of this Order, the New York State Department of Corrections and Community Supervision ("DOCCS") shall provide each class member
2

Case 1:11-cv-00176-JLC Document 196 Filed 04/15/14 Page 3 of 7

housed at Wende with a copy of Exhibit A to this Order, outlining the procedure for requesting an extension of the April 8 deadline and submitting their objection.
2. Any class member at Wende who was not able to meet the deadline of April 8,2014 tor sending objections to the Private Settlement Agreement shall send a letter to the Court in accordance with the procedures outlined in Exhibit A (a) explaining why he could not contact the Court within the prescribed time period set forth in the Court's March 4 Order and (b) setting forth any such objections. Such class member shall postmark that letter not later than the date entered by the Court in Exhibit A, which shall be fourteen (14) calendar days after the entry of this Order.
3. If any class Member at Wende needs assistance reading Exhibit A because of his visual disability, DOCCS shall provide such class member with reasonable accommodations sufficient to allow that class member to understand the document not later than eight (8) calendar days after the entry of this Order.
4. The Court shall consider the reason(s) set forth in any such letter as to
why the class member was not able1Qcontact the Court within the prescribed period of time
"
and if the Court determines, in its discretion, that an extension to the April 8, 2014 deadline is warranted as to that class member, the Court shall consider such class member's objection to the Private Settlement Agreement.
SO ORDERED. Dated: New York, New York
April~, 2014
L
IJAMES . COTT I United tates Magistrate Judge
3

rv~

Case 1:11-cv-00176-JLC Document 196 Filed 04/15/14 Page 4 of 7
Exhibit A

Case 1:11-cv-00176-JLC Document 196 Filed 04/15/14 Page 5 of 7

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK

ANTHONY MEDINA, KELVIN CURRAN, JAMES COLANTUONO, WARREN DAVIS, KEVIN JONES, PETER LOPEZ, CHRISTOPHER MORRISHAWAND MICHAEL SMITH, individually and on behalf of others similarly situated,
Plaintiffs,

- against -

THE NEW YORK STATE DEPARTMENT OF CORRECTIONS AND COMMUNITY SERVICES; BRIAN FISCHER, COMMISSIONER OF THE NEW YORK STATE DEPARTMENT OF CORRECTIONS AND COMMUNITY SERVICES; LUCY BUTHER, ADA • COORDINATOR OF THE NEW YORK STATE DEPARTMENT OF CORRECTIONS AND COMMUNITY SERVICES; PATRICK 1. GRIFFIN, SUPERINTENDENT OF SULLIVAN CORRECTIONAL FACILITY; DARROW ClJ1\'NINGHAM, DEPUTY SUPERINTENDENT OF PROGRAMS FOR SULLIVAN CORRECTIONAL FACILITY; CHRISTOPHER KARSON, ASSISTANT DEPUTY SUPERINTENDENT OF PROGRAMS FOR SULLIVAN CORRECTIONAL FACILITY; DALE ARTUS, SUPERINTENDENT OF WENDE CORRECTIONAL FACILITY; AND KAREN CROWLEY, DEPUTY SUPERINTENDENT OF PROGRAMS FOR WENDE CORRECTIONAL FACILITY,
Defendants.

11 Civ. 176 (LAP)(JLC) ECF Case

SUPPLEMENTAL NOTICE REGARDING PROPOSED CLASS ACTION SETTLEMENT
To: All Legally Blind and Severely Visually Impaired prisoners incarcerated at Wende Correctional Facility
Around March 20, 2014 you received a notice of settlement (the "Class Notice") and the proposed Private Settlement Agreement in the above-captioned matter. The

Case 1:11-cv-00176-JLC Document 196 Filed 04/15/14 Page 6 of 7
Class in this matter includes all Legally Blind and Severely Visually Impaired ("LB/SVI") prisoners who are or become incarcerated at Sullivan Correctional Facility or Wende Correctional Facility during the duration of the proposed Private Settlement Agreement. The Class Notice informed you that, "[i]f you are a member of the Class, you have the right to object to the proposed settlement or specific parts of it and to submit any documents that support your objection" and that such "objections have to be postmarked by the United States Postal Service by April 8,2014." See Class Notice at 4. The Class Notice further states that "[if] you have no objections to the proposed settlen1ent, you do not have to do anything." See Class Notice at 4.
It has come to the attention of counsel for the parties in this matter that some LB/SVI prisoners at Wende have stated that they had trouble contacting the Court by the April 8 deadline. If you intended to contact the Court by the initial deadline of April 8, but you were unable to do so, you may write the Court and (1) explain the reason(s) why you were unable to submit your objection by April 8 and (2) describe the objections that you have to the proposed Private Settlement Agreement. This letter must be postmarked by the United States Postal Service not later
than April '2.. Cf , 2014.
If you send such a letter, the Court will first consider your explanation as to why you did not meet the April 8 deadline. If the Court determines, in its discretion, that you have a reasonable explanation for why you were unable to meet the April 8 deadline, the Court will
2

Case 1:11-cv-00176-JLC Document 196 Filed 04/15/14 Page 7 of 7
thereafter consider your stated objections in evaluating whether the proposed private settlement agreement is fair, adequate and reasonable. Please note that this is not a general extension of the April 8 deadline: if you did not have objections or did not intend to object to the settlement prior to April 8, your opportunity to object to the proposed settlement has passed. The Court will only consider objections if it determines that you have a reasonable explanation for why you were not able to send in your objection by April 8.
If you send a letter to the Court pursuant to this notice, please include all of the following information:
1. The reason(s) why you were not able to meet the initial deadline of April 8,2014 for submitting objections.
2. Your objection(s) with the reason(s) for each objection.
3. The case name and number: Medina et al. v. Fischer et al., 11 Civ. 176 (S.D.N.Y.) (LAP) (JLC).
4. Your full name, DIN and signature.
I, The letter should be postmarked no later than April Z
2014 and should be sent to: The Honorable James L. Cott United States District Court
Southern District ofNew York
500 Pearl Street New York, New York 10007-1312
3

 
 Case 1:11-cv-00176-JLC Document 216 Filed 06/18/14 Page 1 of 4

UNITED STATES DISTRlCT COURT SOUTHERN DISTRlCT OF NEW YORK

ANTHONY MEDINA, KELVIN CURRAN, JAMES COLANTUONO, WARREN DAVIS, PETER LOPEZ, CHRISTOPHER MORRISHAW AND MICHAEL SMITH, individually and on behalfof others similarly situated,

Plaintiffs,

-against-

THE NEW YORK STATE DEPARTMENT OF CORRECTIONS AND COMMUNITY SERVICES; BRJAN FISCHER, COMMISSIONER OF THE NEW YORK STATE DEPARTMENT OF CORRECTIONS AND COMMUNITY SERVICES; LUCY BUTHER, ADA COORDINATOR OF THE NEW YORK STATE DEPARTMENT OF CORRECTIONS AND COMMUNITY SERVICES; PATRICK J. GRIFFIN, SUPERINTENDENT OF SULLIVAN CORRECTIONAL FACILITY; DARROW CUNNINGHAM, DEPUTY SUPERINTENDENT OF PROGRAMS FOR SULLIVAN CORRECTIONAL FACILITY; CHRISTOPHER KARSON, ASSISTANT DEPUTY SUPERINTENDENT OF PROGRAMS FOR SULLIVAN CORRECTIONAL FACILITY; DALE ARTUS, SUPERJNTENDENT OF WENDE CORRECTIONAL FACILITY; AND KAREN CROWLEY, DEPUTY SUPERINTENDENT OF PROGRAMS FOR WENDE CORRECTIONAL FACILITY,

11Civ.176 (LAP) (JLC) ECF Case
STIPULATION OF DISMISSAL OF PLAINTIFF
COLANTUONO'S CLAIMS

Defendants.

WHEREAS, this is an action on behalf of prisoners in the custody of and classified as Legally Blind or Severely Visually Impaired ("LB/SVI") by Defendant The New York State Department of Corrections and Community Services ("DOCCS") and

d1 usoc SONY
DATE SCANNED

~ LILJ.<./

--~~,./--

Case 1:11-cv-00176-JLC Document 216 Filed 06/18/14 Page 2 of 4
housed at either the Sullivan Correctional Facility ("Sullivan") or the Wende Correctional Facility ("Wende"); and
WHEREAS, Plaintiff James Colantuono ("Colantuono") was released from Defendant DOCCS' custody on or about April 19, 2013 and is therefore no longer housed at Sullivan or Wende; and
WHEREAS, Plaintiffs Anthony Medina, Kelvin Curran, Warren Davis, Kevin Jones, Peter Lopez, and Michael Smith signed a Private Settlement Agreement with Defendants to settle the claims in this action on behalf of a class of LB/SVI prisoners housed at Sullivan and Wende and submitted that Private Settlement Agreement to this Court for approval on February 28, 2014; 1
WHEREAS, this Court held a Fairness Hearing on the Private Settlement Agreement on April 21, 2014 and final approval of the Private Settlement Agreement is currently pending before this Court;
NOW THEREFORE it is hereby stipulated by and between Colantuono, through his undersigned counsel, and all Defendants, through their undersigned counsel, as follows:
After signing the Private Settlement Agreement, Kevin Jones sought to withdraw from the action by letter to the Court dated Aprill, 2014. (Dkt. # 189.) Paul, Weiss, Rifkind, Wharton & Garrison LLP and The Legal Aid Society sought the Court's permission to withdraw as Jones's counsel, which was so ordered by the Court on April 21, 2014. (Dkt. # 205.) A stipulation to dismiss Christopher Morrishaw's claims pursuant to Fed. R. Civ. Pro. 4l(a)(l)(A)(ii) is currently pending before Chief Judge Preska. The stipulation dismissing Mr. Morrishaw's claims was submitted on February 28, 20l4, and was referred to Chief Judge Preska (Dkt. # 174), see text entry, March 3, 2014. Chief Judge Preska signed an order referring the action to Judge Cott for all purposes by consent of the parties on March 20, 2014. (Dkt. # 187.)
2

Case 1:11-cv-00176-JLC Document 216 Filed 06/18/14 Page 3 of 4

1. Colantuono' s claims in the above-captioned action are dismissed pursuant to Rule 4l(a)(l)(A)(ii);

2. The dismissal of Colantuono's claims provided for in paragraph 1 of this Stipulation is with prejudice provided, however, that if (a) the Private Settlement Agreement is effectuated so as to afford relief or benefits to a class of LB/SVI prisoners housed at Sullivan and/or Wende, (b) Colantuono is once again incarcerated at Sullivan or Wende during a time that class-wide relief or benefits under the Private Settlement Agreement are available to LB/SVI prisoners housed there, and (c) Colantuono meets the requirements for membership in the class of prisoners entitled to relief, then Colantuono shall be entitled to participate in the afforded relief and/or benefits as a member of the class.

Dated: New York, New York
, JM.vl I~ , 2014

PAUL, WEISS, RIFKIND, WHARTON
&BGyA{RR1IS1O1NLtLP1.:~!.e,,U~.7'+
Eric Alan Stone Katherine Dolores Kelly 1285 Avenue of the Americas New York, New York 10019-6064 (212) 373-3000 estone@paulweiss.com
Attorneysfor PlaintiffJames Colantuono

-and-

3

Case 1:11-cv-00176-JLC Document 216 Filed 06/18/14 Page 4 of 4
. .

Dated: New York, New York
11.4. "'~ I 8 2014

THE LEGAL AID SOCIETY Prisoners' Rights Project
By: /)'v4/l-rn.._~
John Boston Milton Zelennyer Veronica Vela 199 Water Street
New York, NY 1003 8 (212) 577-3530
mzelennyer@legal-aid.org vvela@legal-aid.org
Attorneys for PlaintiffJames Colantuono
-and-

Iu.ae Dated: New York/ New York <o , 2014

ERIC T. SCHNEIDERMAN Attorney General of the State ofNew York
By:~!»~ Frederick Wen
Daniel Schulze
120 Broadway
New York, New York 10271 (212) 416-6536
Fred.Wen@ag.ny.gov

Attorneys for Defendants

,rS, O - ORDERED:

{/~~t-_ wI .·wJ'{ l-

uiI U.S.~.J. j1_

tYf1_,

b /16

q IF. 1

4

 
 Case 1:11-cv-00176-JLC Document 217 Filed 06/19/14 Page 1 of 4 Case 1:11-cv-00176-JLC Document 174 Filed 02/28/14 Page 1of4

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK

ANTHONY MEDINA, KELVIN CURRAN, JAMES COLANTUONO, WARREN DAVIS, KEVIN JONES, PETER LOPEZ, CHRISTOPHER MORRISHAWAND MICHAEL SMITH, individually and on behalfofothers similarly situated,

Plaintiffs,

-against-

THE NEW YORK STATE DEPARTMENT OF CORRECTIONS AND COMMUNITY SERVICES; BRIAN FISCHER, COMMISSIONER OF THE NEW YORK STATE DEPARTMENT OF CORRECTIONS AND COMMUNITY SERVICES; LUCY BUTHER, ADA COORDINATOR OF THE NEW YORK STATE DEPARTMENT OF CORRECTIONS AND COMMUNITY SERVICES; PATRICKJ. GRIFFIN, SUPERINTENDENT OF SULLIVAN CORRECTIONAL FACILITY; DARROW CUNNINGHAM, DEPUTY SUPERINTENDENT OF PROGRAMS FOR SULLIVAN CORRECTIONAL FACILITY; CHRISTOPHER KARSON, ASSISTANT DEPUTY SUPERINTENDENT OF PROGRAMS FOR SULLIVAN CORRECTIONAL FACILITY; DALE ARTUS, SUPERINTENDENT OF WENDE CORRECTIONAL FACILITY; AND KAREN CROWLEY, DEPUTY SUPERINTENDENT OF PROGRAMS FOR WENDE CORRECTIONAL FACILITY,

11 Civ. 176 (LAP) (JLC) ECF Case
STIPULATION OF DISMISSAL OF PLAINTIFF MORRISHAW'S
CLAIMS

Defendants.

WHEREAS, this is an action on behalf of prisoners in the custody of and classified as Legally Blind or Severely Visually Impaired ("LB/SVI") by Defendant The New York State Department of Corrections and Community Services ("DOCCS") and

Case 1:11-cv-00176-JLC Document 217 Filed 06/19/14 Page 2 of 4 Case 1:11-cv-00176-JLC Document 174 Filed 02/28/14 Page 2 of 4
housed at either the Sullivan Correctional Facility ("Sullivan") or the Wende Correctional Facility ("Wende"); and
WHEREAS, Plaintiff Christopher Morrishaw ("Morrishaw") has had corrective eye surgery, is not currently classified as LB/SVI and, although still in DOCCS's custody, is no longer housed at Sullivan or Wende; and
WHEREAS, Plaintiffs Anthony Medina, Kelvin Curran, Warren Davis, Kevin Jones, Peter Lopez, and Michael Smith (the "Named Plaintiffs") have reached an agreement in principle with Defendants to settle the claims in this action on behalf of a class of LB/SVI prisoners housed at Sullivan and Wende pursuant to a private settlement agreement (the "Private Settlement Agreement") and class-action approval by the Court;
NOW THEREFORE it is hereby stipulated by and between Morrishaw, through his undersigned counsel, and all Defendants, through their undersigned counsel, as follows:
1. Morrishaw's claims in the above-captioned action are dismissed pursuant to Rule 41(a)(l)(A)(ii);
2. The dismissal of Morrishaw' s claims provided for in paragraph 1 of this Stipulation is with prejudice provided, however, that if (a) the Private Settlement Agreement is effectuated so as to afford relief or benefits to a class of LB/SVI prisoners housed at Sullivan and/or Wende, (b) Morrishaw is transferred to Sullivan or Wende during a time that class-wide relief or benefits under the Private Settlement Agreement are available to LB/SVI prisoners housed there, and (c) Morrishaw meets the
2

Case 1:11-cv-00176-JLC Document 217 Filed 06/19/14 Page 3 of 4 Case 1:11-cv-00176-JLC Document 174 Filed 02/28/14 Page 3 of 4

requirements for membership in the class of prisoners entitled to relief, then Morrishaw shall be entitled to participate in the afforded relief and/or benefits as a member of the class.

Dated: New YorJ!ew York
F°-1() 'l '2014

PAUL, WEISS, RIFKIND, WHARTON
B&yG:A ~ RRIS~
DlclJ.Kramer
Eric Alan Stone
1285 Avenue of the Americas
New York, New York 10019-6064 (212) 373-3000 estone@paulweiss.com
Attorneys for PlaintiffChristopher Morris haw

Dated: New York, New York
Felon·~ ;). 6 , 2014

-and-
THE LEGAL AID SOCIETY Prisoners' Rights Project
By:~ Steven Banks, Attorney-in-Chief John Boston Milton Zelermyer Veronica Vela 199 Water Street New York, NY 10038 (212) 577-3530 mzelermyer@legal-aid.org vvela@legal-aid.org
Attorneys for PlaintiffChristopher Morris haw

-and-

3

Case 1:11-cv-00176-JLC Document 217 Filed 06/19/14 Page 4 of 4 Case 1:11-cv-00176-JLC Document 174 Filed 02/28/14 Page 4 of 4

fabn.w.ry Dated: New York, New York
Jg, 2014

ERIC T. SCHNEIDERMAN Attorney General of the State ofNew York
By:~AbFrederick Wen Daniel Schulze 120 Broadway New York, New York 10271 (212) 416-6536 Fred.Wen@ag.ny.gov
Attorneys for Defendants The New York State Department ofCorrections and Community Supervision, Anthony J Annucci, Lucy Buther, Patrick J Griffin, Darrow Cunningham, Christopher Karson, Thomas Sticht and Karen Crowley

Hon. Ja es L. Cott
United tates Magistrate JucJ,ge

4

 
 Case 1:11-cv-00176-JLC Document 223 Filed 07/22/14 Page 1 of 3

UNITED STATES STRICT COURT SOUTHERN DIST CT OF NEW YORK
ANTHONY MED , KELVIN CURRAN, WARREN DAVIS, MES COLANTUONO, KEVIN JONES, PE ER LOPEZ, CHRISTOPHER MORRISHAWAN MICHAEL SMITH, individually and on halfofothers similarly situated,

USDCSDNY

DOCUMENT

ELECTRONICALLY FILED

DOC#: DATE FILED:

-71?;,

,
fL f

,

Plaintiffs,

-against-

THE NEW YORK ATE DEPARTMENT OF CORRECTIONS A D COMMUNITY SERVICES; BRIAN FISCHER, OMMISSIONER OF THE NEW YORK STATE DE RTMENT OF CORRECTIONS AND COMMUNIT •SERVICES; LUCY BUTHER, ADA COORDINA R OF THE NEW YORK STATE DEPARTM NT OF CORRECTIONS AND COMMUNITY SE ICES; PATRICK J. GRIFFIN, SUPERINTENDEN OF SULLIVAN CORRECTIONAL CILITY; DARROW CUNNINGHAM, D PUTY SUPERINTENDENT OF PROGRAMS FOR LLIVAN CORRECTIONAL FACILITY; CHRIS OPHER KARSON, ASSISTANT DEP Y SUPERINTENDENT OF PROGRAMS FOR LLIVAN CORRECTIONAL FACILITY; DALE RTUS, SUPERINTENDENT OF WENDE CORREC ONAL FACILITY; AND KAREN CROWLE , DEPUTY SUPERINTENDE OF PROGRAMS FOR WENDE CORREC ONAL FACILITY,

11 Civ.176 (JLC) ECF Case

Defendants.

GMENT AND ORDER OF DISMISSAL WITH PREJUDICE me before the Court for a Fairness Hearing on April 21, 2014, for approval of the settlement se orth in the Private Settlement Agreement dated February 28, 2014. Due and adequate notice aving been given to the Class as required by Federal Rule of Civil

I,
Case 1:11-cv-00176-JLC Document 223 Filed 07/22/14 Page 2 of 3
2
Procedure 23(e)(l) a~d the Order Certifying Settlement Class, Appointing Class Representatives
1] and Class Counsel, eliminarily Approving the Parties' Private Settlement Agreement, and
Providing for Notice o Class Members, filed March 4, 2014, the 90-day notice period under the Class Action Faimes Act, 28 U.S.C. § 1715, having now expired, and the Court having considered all papers' !filed, including the objections filed following the Fairness Hearing, and good cause having b1 ~n shown, IT IS HEREBY ORDERED:
1. Defin d Terms: For purposes of this Final Judgment and Order of Dismissal with Prejudice, the Ol~urt holds that any capitalized terms used herein and not defined should be construed consistent · with the definitions set forth in the Private Settlement Agreement.
2. Annr val of Settlement: Pursuant to Federal Rule of Civil Procedure 23, the Court approves the s ·ttlement set forth in the Private Settlement Agreement and finds that the Private Settlement A reement is, in all respects, fair, reasonable, and adequate.
3. Class I .....,ertification and Aooointment of Class Reoresentatives and Counsel: The Court confirms i $ prior preliminary certification and certifies the Class of all Legally Blind and Severely Visuall Impaired prisoners who are incarcerated at Sullivan or Wende or who
i
become incarcerated 11 t Sullivan or Wende during the duration of the Private Settlement Agreement. The Co~ rt confirms its prior preliminary appointment of and appoints Kelvin Curran, Warren Davi1i, Peter Lopez, and Michael Smith as class representatives and Paul, Weiss, Ritkind, Wharton & iarrison LLP and The Legal Aid Society, Prisoners' Rights Project, as counsel for the Class The Court hereby finds that each element for final certification of the Class is met.

Case 1:11-cv-00176-JLC Document 223 Filed 07/22/14 Page 3 of 3 3
4. Dis · sal with Pre'udice: The above-captioned Action is dismissed with prejudice. The Parti s are to bear their own costs, except as otherwise provided in the Private

5.

Upon the Effective Date of the Private Settlement

Agreement, Named 'laintiffs and each of the members of the Class shall be deemed to have I
released all Releaseq Claims as defined and described in the Private Settlement Agreement.

jJL
Dated

L. ERED.

 
 Case 1:11-cv-00176-JLC Document 1-1 Filed 01/04/11 Page 1 of 22
Because of his visual impairment, Mr. Medina requires substantial assistance with mobility and other basic needs, including reading and writing.
Mr. Lopez's Disability Plaintiff Lopez has been diagnosed with Best's Disease, a degenerative condition, affecting both eyes. Plaintiff Lopez is legally blind. Because of his visual impairment, Mr. Lopez requires substa~tial assistance with mobility and other basic needs, including reading and writing.
Mr. Loet's Disability
Plaintiff Loet has been diagnosed with pigmatosa, affecting both eyes.
23

Case 1:11-cv-00176-JLC Document 1-1 Filed 01/04/11 Page 2 of 22
Plaintiff Loet also suffers from photophobia.
Plaintiff Loet is legally blin.d.
Because of his visual impairment, Mr. Loet requires substantial assistance with mobility and other basic needs, including reading and writing.
Mr. Segrene's Disability
Plaintiff Segrene has been diagnosed with glaucoma, a degenerative condition affecting both eyes, and a cornea adema of the left eye.
Plaintiff Segrene is legally blind.
Because of his visual impairment, Mr. Segrene requires substantial assistance with mobility and other basic needs, including reading and writing.
24

Case 1:11-cv-00176-JLC Document 1-1 Filed 01/04/11 Page 3 of 22
Mr. Ford's Disability
Plaintiff Ford has one eye that is affected by a cataract and he has no vision as a result of an head injury.
Plaintiff Ford is blind.
Because .of his visually and mental impairments, Mr. Ford requires substantial assistance with mobility and other basic needs.
Mr. Curran's Disability
Plaintiff Curran has been diagnosed with retinitis pigmentosa and immaculate degeneration, affecting both eyes.
Plaintiff Curran is legally blind.
25

Case 1:11-cv-00176-JLC Document 1-1 Filed 01/04/11 Page 4 of 22
Because of his visual impairment, Mr.· Curran requires substantial assistance with . mobility and all other basic needs, including reading and writing.
Mr. Colantuono's Disability Plaintiff Colantuo.no has been diagnosed with immaculate degeneration, the results of diabetic complications, affecting both eyes. Plaintiff Colantuono is legally blind. Because of his visual impairment, ·Mr. Colantuono requires substantial assistance with mobility and other basic needs, including reading and writing.
Mr. Reid's Disability
26

Case 1:11-cv-00176-JLC Document 1-1 Filed 01/04/11 Page 5 of 22
Plaintiff Reid has been· diagnosed with a detached retina of the right eye and a cataract affecting the left eye.
Plaintiff Reid is legally blind. Because of his visual impairment, Mr. Reid requires substantial assistance with mobility and other basic needs, including reading and writing.
27

Case 1:11-cv-00176-JLC Document 1-1 Filed 01/04/11 Page 6 of 22
Because of his visual impairment, Mr. Soto requires substantial assistance with mobility and other basic needs, including reading and writing.
Mr. Jones's Disability
Plaintiff Jones has been diagnosed with diabetes, a degenerative condition, ·which, inter alia, affects his vision in both eyes.
Plaintiff Jones is legally blind.
Because of his visual impairment, Mr. Jones requires substantial assistance with mobility and other basic needs, including reading and writing.
Mr. Smith's Disability
Plaintiff Smith has been diagnosed with myopia, a degenerative condition, affecting both eyes.
28

Case 1:11-cv-00176-JLC Document 1-1 Filed 01/04/11 Page 7 of 22
Plaintiff Smith is visually impaired.
Because of his visual impairment, Mr. Smith requires accommodating aids and devices to read and write.
Mr. Rawls's Disability
Plaintiff Rawl's has been diagnosed with retina detachment, a degenerative condition, affecting both eyes.
Plain~iff Rawls is legally blind.
Because of his visual impairment, Mr. Rawls requires substantial assistance with mobility and other basic needs, including reading and writing.
Mr. Davis's Disability
29

Case 1:11-cv-00176-JLC Document 1-1 Filed 01/04/11 Page 8 of 22
Plaintiff Davis only has one eye and has been diagnosed with advanced keratoconus, a degenerative condition affecting the left eye.
Plaintiff Davis is visually impaired.
Because of his visual impairment, Mr. Davis requires accommodating aids and devices to function, including to read and write.
Mr. Morrishaw's Disability
Plaintiff Morrishaw has been diagnosed with advanced keratoconus and glacouma, degenerative conditions, affecting both eyes.
Plaintiff Morrishaw is visually impaired.
Because of his visual impairment, ML Morrishaw requires accommodating aids
30

Case 1:11-cv-00176-JLC Document 1-1 Filed 01/04/11 Page 9 of 22
and devices to function, including to read and write.
The Plaintiffs are all qualified individuals with a disability, which substantially limits one or more of their major life activities, and that is with corrective measures.
The Plaintiffs are all qualified individuals who, ~ith or without the assistance of reasonable accommodations, meet the essential eligibility requirements for the receipt of services or the participation in programs or activities complained of herein.
The Plaintiffs were and are excluded from participation in and/or denied the benefits of the services, programs, and activities offer by Defendants and were and ,are discriminated against because of their disabilities.
31

Case 1:11-cv-00176-JLC Document 1-1 Filed 01/04/11 Page 10 of 22
The exclusion and denial of services and benefits and the discrimination complained of herein was because of the Plaintiffs' disabilities.
The New York State Department of Correctional Services, the New York State Office of Mental Health, and the New ·York State Division of Parole are public entities, and, upon information and belief, each receives federal financial assistance.
The Defendants have violated Section 504 of the Rehabilitation Act, a statute that has been law for thirty-seven years.
The Defendants have violated Title II of the American's with Disabilities Act, a statute that has been law for twenty years.
The modifications that have been requested from the Defendants and are sought herein by Plaintiffs are reasonable
32

Case 1:11-cv-00176-JLC Document 1-1 Filed 01/04/11 Page 11 of 22
and would not fundamentally alter the nature of the Defendants' services, programs, or activities.
The modifications, devices and aids that have been requested from the Defendants and are sought herein by the Plaintiffs are reasonable and would not cause an undue financial or administrative burden on the Defendants.
Statement of Facts
DENIED REASONABLE ACCOMMODATIONS
When Defendants DOCS, Wright, Koeningsman, Suther, Raymond, Walsh, Malin,· Lilley and Sidorwicz transfer the Plaintiffs from one facility to another, the devices and aid.s provided to the Plaintiffs do not accompany them as mandated by DOCS Directive 2612 (X)(D).
33

Case 1:11-cv-00176-JLC Document 1-1 Filed 01/04/11 Page 12 of 22
When transporting the Plaintiffs for trips out of the facility the blind Plaintiffs who require a mobility assistant are not accompanied by a mobility assistant. The transporting correction officers are not trained to be surrogate guides. The transporting officer refuse to let the Plaintiffs hold on to them as is required of a mobility assistant. Similarly, the Plaintiffs hands and legs are mechanically restrained thus an assistant or guidance cane cannot be used nor the plaintiffs hands to ambulate. Also factor in that the transportation vehicles do not possess seatbelts. This presents a hazard to· the plaintiffs' safety and well being, as an injury in likely to occur. The means of transporting the Plaintiffs who are blind deprives them any and all use of prescribed accommodations.
The Plaintiffs have refused to go on medical trips because of the Defendants
34

Case 1:11-cv-00176-JLC Document 1-1 Filed 01/04/11 Page 13 of 22
policy that no mobility assistant or other accommodation is permitted to accompany them. The Plaintiffs have been disciplined for refusing to attend these outside medical trips based on a contract they signed. However, the Plaintiffs could not read the contract nor was the contract read to them by a medical provider. The Defendants sometimes say that the inmate-mobility assistant should have read the contract. This violates the Plaintiffs' medical privacy.
The Defendant DOCS's Sullivan Correctional Facility does not have color contrast in it hallways nor in the SOU. The Plaintiffs have difficulty navigating and enter the wrong areas because they have no color contrast to navigate with or to recognize destinations.
The accommodating aids and devices provided to the Plaintiffs by Defendants Cohen, Malin, Chenel, Perlman, Buther,
35

Case 1:11-cv-00176-JLC Document 1-1 Filed 01/04/11 Page 14 of 22
and Raymond are generalized and are not tailored to the specific needs of each Plaintiff. Each Plaintiff has a distinct eye ailment with distinct and individual limitations and needs. The devices provided by Defendants DOCS, Perlman, Suther, Raymond, Cohen, Malin, Chenel, and Villegas are inadequate to address the Plaintiffs' individual needs.
When the Defendants issue acco.mmodating devices and aids to the Plaintiffs, there is no consideration to each of the Plaintiffs' particular condition and individual needs. Some hand held magnifiers provide to the Plaintiffs by Defendants DOCS, Suther, Raymond, Cohen, Malin, Chenel and Walsh literally make the Plaintiffs' ailments worse and/or causes discomfort, irritation, vertigo and pain~ The hand held magnifiers are not intended for prolong reading.
36

Case 1:11-cv-00176-JLC Document 1-1 Filed 01/04/11 Page 15 of 22

When Defendants Malin, Cohen, Walsh, Sidorowicz and Chenel are deciding Reasonable Accommodation requests submitted by the Plaintiffs, these Defendants rely on old medical records and .fail to consider that most of the Plaintiffs have degenerative conditions which constantly change.

The Defendants deny the Plaintiffs accommodations of the Plaintiffs choice.

When the Plaintiffs are deemed

visually impaired or blind, it is required that

a·n assessment follow to determine the

precise

vrs1on

limitation

and

accommodations for the Plaintiffs' individual

needs. This assessment is conducted at the

DOCS Eastern Correctional Facility, and is

intended to address the Plaintiffs'

vocational skills, functional ability, academic

level and medical. This assessment is to

ensure that the Plaintiffs' individual needs

37

Case 1:11-cv-00176-JLC Document 1-1 Filed 01/04/11 Page 16 of 22
are recorded and attended to so as to provide accommodations tailored to the Plaintiffs' individual needs and afford meaningful participation in all programs, services and .activities.
Similarly, male inmates who Defendants determine to be visually impaired or blind . are suppose to be transferred to the Eastern Correctional Facility for a needs assessment. Notwithstanding, the Plaintiffs have not been transferred to Eastern for. this assessment nor have the Plaintiffs had access to· E·astern Staff. The Plaintiffs Maximum security A status or disciplinary record is the . reason the Plaintiffs are denied access to Ea.stern for assessment, but this is a cursory reason, being that the Plaintiffs are sent to Maximum B and Medium A security prisons for medical assessment and treatment. Females who are determined to be visually impaired or blind are provided with a Maximum A prison
38

Case 1:11-cv-00176-JLC Document 1-1 Filed 01/04/11 Page 17 of 22
which affords the Assessment Program and provides access to a rehabilitative counselor and instructor for the blind. The Plaintiffs have been and are being discriminated against based on their gender.
The majority, if not all, of the security and civilian staff at Sullivan, OMH, and . DOP have no training nor are they familiar with the particular needs or the limitations of the Plaintiffs'. This in essence denies the Plaintiffs equal treatment and reasonable accommodations, and creates an unsympathetic perception by the Defendants and their employees towards the Plaintiffs.
When the Plaintiffs are ta·ken to the Special Housing Unit ("SHU"), also known as "the hole", "the box", "solitary confinement", they are handcuffed behind their back and denied use of his mobility
39

Case 1:11-cv-00176-JLC Document 1-1 Filed 01/04/11 Page 18 of 22

guide and guidance cane. The correction officers who are posted in the SHU are not trained in handling or accommodating the
visually impaired or blind.

When in medical or disciplinary Keep

lock status, or held in the Special Housing

Unit (aka administrative, segregated, or

punative confinement), or housed in the

infirmary, the Plaintiffs are denied all

access to needed accommodating aids and

devices, which includes communicative

aids .and the law library materials in large

print or on audiocassette that they had

access to prior to being placed in keep lock .

or the SHU. The blind who use a mobility

guide and/or guidance cane to ambulate

are denied use of both a guide and cane.

Contrary to the Defendants reasons for

denying

the

Plaintiffs

needed

accommodations, under the same

circumstances the hard of hearing and deaf

are provided with all their accommodations.

40

Case 1:11-cv-00176-JLC Document 1-1 Filed 01/04/11 Page 19 of 22
The Plaintiffs use a mobility guide and the deaf use a sign language interpreter, however, when in keep lock or SHU the blind Plaintiffs are denied their mobility guides while the deaf are provided with their interpreters.
When in medical or disciplinary Keep lock status, or held in the Special Housing Unit (aka administrative, segregated, or punative confinement), or housed in the infirmary, the Plaintiffs are denied all access to and the services of Sullivan's Law Library.
Defendants DOCS, Walsh, Malin, . Suther, Raymond, Chenel, Cohen, and
Villegas have denied the Plaintiffs equal and meaningful access to the Sullivan's law library. The newly installed terminals used in lieu of books are not equipped with an enlargement function compatible to the needs of all the Plaintiffs. To access the
41

Case 1:11-cv-00176-JLC Document 1-1 Filed 01/04/11 Page 20 of 22

enlargement function is a laborious feat being that the icons are too small for the Plaintiffs to see, there is no person assigned to help nor are the Plaintiffs instructed how to use the terminals.

There is only one PC computer in the

law library for the use by the Plaintiffs. If \ there is more than one Plaintiff in the law \

library at a given time the other Plaintiff is unable to utilize the library. This hinders and/or denies the Plaintiffs access to the

~r c

courts.

jl

I

The Plaintiffs who author legal documents with a 20/20 pen are not able to make copies of those documents using carbon paper and Defendants Cohen, Malin, Chenel, and Villegashave refused to adhere to the Defendant DOCS policy of providing free copies to. the . Plaintiffs who author legal · documents with a 20/20 pen. This

42

Case 1:11-cv-00176-JLC Document 1-1 Filed 01/04/11 Page 21 of 22
hinders and/or denies the Plaintiffs access to the courts.
The fire regulations limit the number of persons to twenty-four that can be in the law library at one time. If twenty-four nondisabled inmates submit callouts before a Plaintiff, Defendant Villegas does not place the Plaintiffs on the law library list and thus the sensorial disabled section of the · law library and accommodating equipment is not used.
The law library is closed during the evenings and most of Sullivan's inmate population programs during the morning and afternoon hours which results in a large number of nondisabled inmates, sensorial disabled inmates and the Plaintiffs vying to gain access to the law library on Saturday and Sunday. As a result of this, either many of the Plaintiffs are not placed on the call out or there are too many of the sensorial
43

Case 1:11-cv-00176-JLC Document 1-1 Filed 01/04/11 Page 22 of 22
disabled and the Plaintiffs competing to use the same equipment at the same time during a limited period. This hinders and/or denies the Plaintiffs from accessing the courts.
The Sullivan Correctional Facility's law library, by way of Defendants· Malin, Perlman, Chenel, Walsh and Villegas's . disregard and indifference including their discriminatory practices and/or stereotypical beliefs towards the Plaintiffs, have denied and currently deny the Plaintiffs an sufficient amount of devices for the needs of each Plaintiff and the equipment that is . provided is itself inadequate. This hinders and/or denies the Plaintiffs from accessing the courts.
The Plaintiffs are hindered and/or excluded from accessing the law library because the form for services is too small for the Plaintiffs to read. This hinders and/or
44

 
 Case 1:11-cv-00176-JLC Document 1-2 Filed 01/04/11 Page 1 of 24
denies the Plaintiffs from accessing the courts.
Nondisbaled prisoners at Sullivan are permitted to use a typewriter in the law library and also purchase a personally own typewriter for use any time.
The Plaintiffs are denied this same . access and privilege to unconstrained use of a typewriter, by reason of their disability. There are Plaintiffs who are not able to manually author documents, or there are Plaintiffs .who can only write for limited periods, or there are Plaintiffs who can only write with a computer with zoom text and jaws software, and there are Plaintiffs who can only ·use a computer with a talking keyboard.
I
Defendants DOCS, Fischer, Perlaman, Walsh, Malin, Chenel, Cohen, Suther, and Raymond as well as others, have denied
45

Case 1:11-cv-00176-JLC Document 1-2 Filed 01/04/11 Page 2 of 24

the Plaintiffs. requests for laptop computers

for the reason that DOCS rules do not

permit inmates to possess laptops. This

denies and/or hinders Plaintiffs' right to

access the courts, communicate,

'-l ~' '"-

and denies equal

protection.

The Plaintiffs are being denied adequate access to accommodating devices and aids because they have no access or limited access to the Sensorial Disabled Program's equipment. This deprivation mostly applies after 3:45 PM when the Sensorial Disabled Program ("SOP") (aka "Resource Room") is closed for the day. Thursday and Friday the SOP Resource Room is closed at 11:45 AM. The Resource Room is also closed on Saturday and Sunday. When the SOP is closed or not accessible, the Plaintiffs cannot do legal or educational studies, idle reading, write letters to lawyers, family or

46

Case 1:11-cv-00176-JLC Document 1-2 Filed 01/04/11 Page 3 of 24
friends, or read their personal and legal mail.
The Sensorial Didsabled Unit is located in Sullivan's D-North housing unit. All of the Plaintiffs are housed in D-North. There is Closed Circuit device in the Sensorial Disabled Unit ("SOU"), however, it is broken and inadequate for most of the Plaintiffs, especially Plaintiffs Ford, Lopez and Curran.
Not ·considering that the CC device_ in the SOU is broken, the closed circuit device is not portable and stands in the middle of the housing unit, and it is .in front of the· officers' station. It is difficult to use the SOU closed circuit device to read mail or digest legal information or perform other reading tasks because there are other prisoners recreating in the immediate area, talking on the phone two feet away, talking loud or
47

Case 1:11-cv-00176-JLC Document 1-2 Filed 01/04/11 Page 4 of 24

speaking to the Plaintiffs while they are using the closed circuit device.

The failure of the Defendants to provide

the

Plaintiffs

with

adequate

accommodations forces the Plaintiffs to

search out and allow other prisoners to

read their personal, administrative and legal

mail to them. This violates the Plaintiffs'

privacy and threatens their safety and well

being.

The Plaintiffs who choose not to let other prisoners read their mail have to wait one to five days to read and/or respond to their mail.

None of the Defendants or other correction officials assist Plaintiffs with reading mail and other documents although, upon information and belief, Sullivan staff are required to help the

48

Case 1:11-cv-00176-JLC Document 1-2 Filed 01/04/11 Page 5 of 24
Plaintiffs with reading mail and papers received and with filling out forms.
The Defendants are infringing on the plaintiffs' privacy as the positioning of the closed circuit device in the SOU allows correction officers to read what is displayed as well as other prisoners.
Due to the inadequate accommodating devices and aids or, the limited and conditional access thereto, the Plaintiffs cannot read, write, or do legal or educational studies or have great difficulty performing these basic tasks.
The Plaintiffs who have no choice but to read and write in their cells because the SOP Resource Room is closed, or because of segregation status, or because of court or administrative deadlines have to strain due to the lack of personalized equipment,
49

Case 1:11-cv-00176-JLC Document 1-2 Filed 01/04/11 Page 6 of 24
which causes eye pain, irritation, headaches, dizziness and vomiting.
The Defendants have denied the Plaintiffs accommodations prescribed or recommended by specialist. When eye specialist prescribed a course of treatment or a device, the Defendants do not provide the treatment or accommodation.
When reasonable accommodations are requested, it is Defendants Raymond, Suther, Walsh, Malin, Chenel, Gatewood, Cohen, and Sidorowicz, and other unqualified medical or nonmedical personnel who ultimately decide whether to grant or deny the requests. All ·final decisions that have to do with the Plaintiffs' requests for reasonable accommodations are made by Defendant Malin, who as it has been learned, bases her decisions on what Defendant Cohen states is needed or not needed.
50

Case 1:11-cv-00176-JLC Document 1-2 Filed 01/04/11 Page 7 of 24
When Defendants DOCS, Suther, Raymond, Sidorowicz, Malin, Cohen and Chenel do provide accommodating aids and devices, the Plaintiffs are not trained nor instructed in the use thereof.
The Plaintiffs who require large print to read and write and who can only use a computer, but do not know how to use a computer, have not been taught how to use the computers provided and thus have problems writings to their families, lawyers, the courts, filing complaints and so on.
The Plaintiffs have been and are assigned jobs by Defendants which encompass duties they are not able to perform nor are the Plaintiffs trained to perform. No safety measures are taught before allowing the Plaintiffs to use machinery and other equipment.
51

Case 1:11-cv-00176-JLC Document 1-2 Filed 01/04/11 Page 8 of 24

The Defendants have denied · the

Plaintiffs access to mandatory and

voluntary

rehabilitative,

vocational,

educational and· therapeutic programs

based solely on their disability or the

generalizations and stereotypes which

accompany the blind. When the Plaintiffs

are enrolled in said programs they do not

receive the benefits of those programs. The

Plaintiffs are just passed through the

programs to avoid the daily headaches of

having to .accommodate them or dealing

with the Plaintiffs administrative grievances.

The Defendants have and are denying the Plaintiffs equal opportunity to recreational programs and activities. The · Plaintiffs in the Sensorial Disabled Program are afforded sheltered recreation once a week in the gym. Nondisabled prisoners are afforded recreational activities twenty-one
times a week.

52

Case 1:11-cv-00176-JLC Document 1-2 Filed 01/04/11 Page 9 of 24
The Plaintiffs are theoretically afforded access to recreational activities and the yard twenty-one times a week with the nondisabled, however, the Plaintiffs access to · the recreational activities is not meaningful nor do they enjoy the benefits thereof equal to the nondisabled.
The activities in Sullivan's two yards and the yards themselves do not accommodate the Blind or visually impaired, and present a unsafe environment. Neither of the two yards have color contrasts. There is no closed circuit television in the yard. The/--Plaintiffs have access to the yards and activities offered·. but cannot meaningfully participate or benefit, or are denied participation because of the stereotypes of their disability.
The Plaintiffs have and are being denied prescribed aids and devices when it is convenient for the Defendants and other
53

Case 1:11-cv-00176-JLC Document 1-2 Filed 01/04/11 Page 10 of 24

prison officials. For example, a Plaintiff requires a mobility assistant, but if no assistant is present the blind Plaintiff is directed to walk without his assistant.

The devices and aids issued to the Plaintiffs by Defendants DOCS, Malin, Cohen, Chenel, Suther, Raymond, Sidorowicz, Koenigsman, Wright and .Fischer are not provided with the necessary accessories, or there is long delays in providing the accessories. For example, contact lenses are provided but no solution is issued therewith.

The Plaintiffs are not properly

accommodated or denied use of

accommodating devices prior to and during

·disciplinary proceedin·gs and other adversial

proceedings. The Defendants have and

continue to deny Plaintiffs of their right to

notice, to prepare a defense, charges, and to appeal since

respond it'~policy

to at

54

Case 1:11-cv-00176-JLC Document 1-2 Filed 01/04/11 Page 11 of 24
Sullivan when placing the Plaintiffs in segregative confinement to deny him access to the Resource Room and accommodating devices and aids.
Defendants DOCS, Perlman, Fischer, Chenel, Walsh, .Malin, Cohen, Lilliey, Suther, and Raymond, have and co.ntinue to deny the Plaintiffs accommodations during the Inmate Grievance Program process.
Defendants DOCS, Fischer, Walsh, Lilley, Chenel, Malin, and Cohen have and continue to deny the Plaintiffs accommodations · during Time Allowance Committee proceedings.
The Plaintiffs are denied use of their mobility guide when participating in the Inmate Visiting Program.
55

Case 1:11-cv-00176-JLC Document 1-2 Filed 01/04/11 Page 12 of 24

Defendant Division of Parole, DOCS,

Fischer, Suther, Raymond, Cohen, Malin,

Lilley and Chenel have and continue to

deny the Plaintiffs accommodations during

parole proceedings.

·

The Plaintiffs have been and are being denied notice and access to Sullivan's programs, services and activities because of their disability. The papers and forms commonly distributed by the Defendants and Sullivan administrators to the prison population do not accommodate the Plaintiffs. This includes, but not limited to, · the Reasonable Accommodation Request form, grievance forms, disciplinary proceedings forms, appeal forms, medical forms, state shop forms, law library request fo.rms, Family Reunion Program application,
laundry, medical and other contracts. The Defendants and their agents, officers, staff, employees, subordinates do not assist the

56

Case 1:11-cv-00176-JLC Document 1-2 Filed 01/04/11 Page 13 of 24
Plaintiffs with understanding and completing the forms.
The Defendants, namely· Cohen, Chenel, Lilley, Malin, and Sidorowicz tell the Plaintiffs that if they do not sign the medical and SOP contracts that the Plaintiffs are refusing medical treatment and .accommodations and will not receive either.
The Plaintiffs who are prescribed medication and who possess the medication in their cells are not accommodated and Defendant Sidorowicz places their safety at risk being that the labels on the medication bags and bottles is not enlarged nor is the dosage intake always explained.
The Sensorial Disabled Unit in D-North denies the Plaintiffs equal treatment and provides inadequate accommodations
57

Case 1:11-cv-00176-JLC Document 1-2 Filed 01/04/11 Page 14 of 24
regarding the television specifically designated for the Plaintiffs' use. The general population is provided with two television sets. The other sensorial disabled prisoners and the Plaintiffs all share one television set. The structural design of the Pit area and its seating arrangement where the SOU closed circuit television is located, with the small television, and large number of disabled prisoners ,denies all of the Plaintiffs to simultaneously watch or listen to television.
The Plaintiffs who have loss their vision while incarcerated and whose condition has become worse while incarcerated are being denied mobility training as well as independent living skills training. The Plaintiffs are thus not equipped to function productively, be self-sufficient, self-reiiant, or live a meaningful life upon release from prison. This training includes, or should include, walking, cooking, cleaning,
58

Case 1:11-cv-00176-JLC Document 1-2 Filed 01/04/11 Page 15 of 24
grooming oneself, child rearing, employability, computer use, job search, home maintenance, using public transportation and so on.
The Defendants do not conduct training drills in case of a fire or other emergency. This places the Plaintiffs at a much higher risk of injury and even death.
The Defendants have not provided adequate accommodating devices in all areas of Sullivan and thus one of the consequences is that the Plaintiffs cannot use the New York State Freedom of .Information Law, New York's Public Officers Law §§84 et seq., or the Health Insurance Portability and Accountability Act of 1996, 42 U.S.C. §§1320 et seq. to view records or challenge inaccurate entries in administrative or medical records.
59

Case 1:11-cv-00176-JLC Document 1-2 Filed 01/04/11 Page 16 of 24
The Defendants do not provide adequate notice of the protections afforded by the ADA.
The Defendants do not process the Plaintiffs Reasonable Accommodation Requests with prudence, thoughtfulness or vigilance.
Defendants Malin, Cohen, Walsh, Lilley and Chenel have changed existing rules and policy to deny an accommodation and as retaliation after Plaintiffs complained of being denied the accommodation previously granted in a existing policy or regulation.
Defendants DOCS, Perlaman, Walsh, Cohen, Malin, Lilley, Chenel, Fischer, Suther, Raymond permit convicted sex offenders to assist and care for the plaintiffs.
60 .

Case 1:11-cv-00176-JLC Document 1-2 Filed 01/04/11 Page 17 of 24

Defendant DOCS's Directives 4932,

2612 and 2614 discriminates against and

denies equal protection to the Plaintiffs,

denies due process at disciplinary

proceedings, and causes disparate

treatment amongst the deaf and hard of

hearing and the Plaintiffs.

·

Defendants DOCS, Fischer, Walsh, Malin, Lilley, Suther, Raymond have denied the Plaintiffs possession .of their legal papers and personal and legal mail because of a change in DOCS policy which now restrict the amount of paper an inmate may possess. The Plaintiffs in theory are given an exception to this restriction for the reason that the Plaintiffs require large font or enlarged paper, which creates a larger volume then average. The Defendants DOCS, Fischer, and Walsh, through their officers, have directed the Plaintiffs to limit their legal material to one bag and the

61

Case 1:11-cv-00176-JLC Document 1-2 Filed 01/04/11 Page 18 of 24
remainder to either mail out of the facility of discard.
Defendant Cohen limits the Plaintiffs access to paper to twenty sheets per day, which is unreasonable due to the need for large font. This unauthorized limitation was created by Defendant Cohen and is contrary Defendants DOCS and Walsh's policy governing the same, which consequently denies the Plaintiffs equal treatment, access to the courts and the right to communicate.
Defendants DOCS, Fischer, Perlman, Butherm Raymond Walsh, Malin, Cohen, Chenel, and Lilley have created a Sensorial Disabled Program and have place it in what is called the Resource Room at Sullivan. The Resource Room and SOP places the Plaintiffs health, safety and well being at risk, since the. Resource Room is too small to contain the number of sensorial disabled
62

Case 1:11-cv-00176-JLC Document 1-2 Filed 01/04/11 Page 19 of 24
prisoners, thus ·the blind Plaintiffs are bumping into each other and other people and into furniture, Plaintiff Ford is mentally ill and walks around swinging his arms, and as stated supra, no fire or emergency drills are been conducted thus jeopardizing the Plaintiffs' lives, safety and well being.
When the defendants conduct or authorize searches of the Plaintiffs cells, the cell searches are abusive and fail to respect or acknowledge the Plaintiffs disability. This is because the staff are not trained to deal with the sensorial disabled.
Pursuant to· Defendant DOCS Directive 4910, when cells are searched prison officials must return items to the place and manner found. This prescription is rarely complained with. The Plaintiffs' circumstances however require full compliance. with the Directive as a reasonable accommodation due to their
63

Case 1:11-cv-00176-JLC Document 1-2 Filed 01/04/11 Page 20 of 24
limited vision, because the Plaintiffs have to keep items in a precise location to be able to locate them. Those Plaintiffs who have large volumes of legal papers maintain their documents and other papers in a particular order and location. When the Defendants officers and agents search the Plaintiffs' cells and living quarters the Plaintiffs property and papers are disorganized and piled on the bed and/or floor. It requires months for the Plaintiffs to reorganize their papers and documents cannot be found when needed. Those Plaintiffs who are totally blind or who can only read with a cc device or reading scanner have no means to reorganize their papers.
JURY TRIAL
The Plaintiff demand a jury trial on all causes of action and all issues in this matter.
64

Case 1:11-cv-00176-JLC Document 1-2 Filed 01/04/11 Page 21 of 24
PRAYER FOR RELIEF
WHEREFORE, THE Plaintiffs demand judgment against the Defendants as ·follows:
A. Granting Plaintiffs preliminary and permanent injunction ordering Defendants to:
1. Provide all the needed modifications and accommodating devices and aids;
2. Provide independent skill training; 3. Hire an Instructor for the Blind; 4. Properly train and supervise all
DOCS employees regarding the needs of the visual impaired and blind;
· B. Awarding Plaintiffs declaratory relief and declaring that the Defendants violated the Plaintiffs' First, Eighth,
65

Case 1:11-cv-00176-JLC Document 1-2 Filed 01/04/11 Page 22 of 24
and Fourteenth Am~ndment rights under the United States Constitutiqn, violated the Plaintiffs' rights afforded by Title II of the Americans with Disabilities Act, Section 504 of the Rehabilitation Act, and New York's Human Rights Law statues by failing to provide adequate medical treatment, failing to furnish an adequate medical remedy, failing to provide reasonable accommodating devices and aids and modifications, discriminating against the Plaintiffs because of their disability, were deliberately indifferent to Plaintiffs' health, safety and well being, and violated Plaintiffs' privacy, equal protection and substantive and procedure due process rights;
C. Awarding Plaintiffs prospective relief against the Defendants in their official capacities to prevent similar
66

Case 1:11-cv-00176-JLC Document 1-2 Filed 01/04/11 Page 23 of 24
future constitutional and federal ·statutory violations; D. Awarding the Plaintiffs their fees and costs for instigating this suit; and E. Awarding the Plaintiffs such other and further· relief as this Court may deem just and proper.
67

Case 1:11-cv-00176-JLC Document 1-2 Filed 01/04/11 Page 24 of 24
~~~ . ~
Warren Davis

Michael Smith

Ben Rawls

68

 
 Case: 1:11-cv-176 As of: 03/04/2015 09:52 PM EST 1 of 40
CLOSED,ECF,MAGCONSENT,PLRA,PRO−SE
U.S. District Court Southern District of New York (Foley Square) CIVIL DOCKET FOR CASE #: 1:11−cv−00176−JLC

Medina et al v. Fischer et al Assigned to: Magistrate Judge James L. Cott Cause: 42:1983 Prisoner Civil Rights
Plaintiff
Anthony Medina 99−A−2999 Wende Correctional Facility P.O. Box 1187 Alden, NY 12733 and on behalf of all others similarly situated

Date Filed: 01/04/2011 Date Terminated: 07/22/2014 Jury Demand: Defendant Nature of Suit: 555 Prisoner: Prison Condition Jurisdiction: Federal Question
represented by Asad Ismail Kudiya Paul, Weiss, Rifkind, Wharton &Garrison LLP (NY) 1285 Avenue of the Americas New York, NY 10019 (212) 373−3000 x3702 Fax: (212) 492−0702 Email: akudiya@paulweiss.com TERMINATED: 02/14/2013
Daniel Jonathan Kramer Paul, Weiss, Rifkind, Wharton &Garrison LLP (NY) 1285 Avenue of the Americas New York, NY 10019 (212)−373−3020 Fax: (212)−492−0020 Email: dkramer@paulweiss.com ATTORNEY TO BE NOTICED
Eric Alan Stone Paul, Weiss, Rifkind, Wharton &Garrison LLP (NY) 1285 Avenue of the Americas New York, NY 10019 212.373.3326 Fax: 212.373.2795 Email: estone@paulweiss.com ATTORNEY TO BE NOTICED
John Boston Legal Aid Society, Prisoners' Rights Project 199 Water Street New York, NY 10038 212 577−3539 Fax: 212 509−8433 Email: jboston@legal−aid.org ATTORNEY TO BE NOTICED
Katherine Kelly Fell Paul, Weiss, Rifkind, Wharton &Garrison LLP (NY) 1285 Avenue of the Americas New York, NY 10019 (212)−373−3550 Fax: (212)−492−0550 Email: kfell@paulweiss.com ATTORNEY TO BE NOTICED

Case: 1:11-cv-176 As of: 03/04/2015 09:52 PM EST 2 of 40

Marisa H Lenok Paul, Weiss, Rifkind, Wharton &Garrison LLP 1285 Avenue of The Americas New York, NY 10019 (212)−373−3498 Fax: (212)−492−0498 Email: mharris@paulweiss.com ATTORNEY TO BE NOTICED

Milton Zelermyer Legal Aid Society 199 Water Street, 3rd Floor New York, NY 10038 212 577−3530 Fax: 212−509−8433 Email: mzelermyer@legal−aid.org ATTORNEY TO BE NOTICED

Veronica Vela Legal Aid Society 199 Water Street, 3rd Floor New York, NY 10038 (212)−577−3530 Fax: (212)−509−8433 Email: vvela@legal−aid.org ATTORNEY TO BE NOTICED

Plaintiff
Peter Lopez and on behalf of all others similarly situated

represented by Asad Ismail Kudiya (See above for address) TERMINATED: 02/14/2013

Daniel Jonathan Kramer (See above for address) ATTORNEY TO BE NOTICED

Eric Alan Stone (See above for address) ATTORNEY TO BE NOTICED

John Boston (See above for address) ATTORNEY TO BE NOTICED

Katherine Kelly Fell (See above for address) ATTORNEY TO BE NOTICED

Marisa H Lenok (See above for address) ATTORNEY TO BE NOTICED

Milton Zelermyer (See above for address)

Veronica Vela (See above for address)

Plaintiff
Ling Loet and on behalf of all others similarly situated TERMINATED: 03/09/2011

represented by Ling Loet PRO SE

Case: 1:11-cv-176 As of: 03/04/2015 09:52 PM EST 3 of 40

Plaintiff Paul Ford and on behalf of all others similarly situated TERMINATED: 04/30/2012 Plaintiff Kelvin Curran
Plaintiff James Colantuono and on behalf of all others similarly situated TERMINATED: 06/18/2014

represented by Paul Ford PRO SE
represented by Asad Ismail Kudiya (See above for address) TERMINATED: 02/14/2013
Daniel Jonathan Kramer (See above for address) ATTORNEY TO BE NOTICED
Eric Alan Stone (See above for address) ATTORNEY TO BE NOTICED
John Boston (See above for address) ATTORNEY TO BE NOTICED
Katherine Kelly Fell (See above for address) ATTORNEY TO BE NOTICED
Marisa H Lenok (See above for address) ATTORNEY TO BE NOTICED
Milton Zelermyer (See above for address)
Veronica Vela (See above for address)
represented by Daniel Jonathan Kramer (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Eric Alan Stone (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Asad Ismail Kudiya (See above for address) TERMINATED: 02/14/2013
John Boston (See above for address) ATTORNEY TO BE NOTICED
Marisa H Lenok (See above for address) ATTORNEY TO BE NOTICED
Milton Zelermyer (See above for address)

Case: 1:11-cv-176 As of: 03/04/2015 09:52 PM EST 4 of 40

ATTORNEY TO BE NOTICED

Veronica Vela (See above for address) ATTORNEY TO BE NOTICED

Plaintiff
Darrius Reid and on behalf of all others similarly situated TERMINATED: 04/30/2012

represented by Darrius Reid PRO SE

Plaintiff Kevin Jones

represented by Kevin Jones PRO SE

Asad Ismail Kudiya (See above for address) TERMINATED: 02/14/2013

Daniel Jonathan Kramer (See above for address) TERMINATED: 04/21/2014

Eric Alan Stone (See above for address) TERMINATED: 04/21/2014

John Boston (See above for address) TERMINATED: 04/21/2014

Marisa H Lenok (See above for address) TERMINATED: 04/21/2014

Milton Zelermyer (See above for address) TERMINATED: 04/21/2014

Veronica Vela (See above for address) TERMINATED: 04/21/2014

Plaintiff
Ben Rawls and on behalf of all others similarly situated TERMINATED: 03/09/2011

represented by Ben Rawls PRO SE

Plaintiff
Warren Davis and on behalf of all others similarly situated

represented by Asad Ismail Kudiya (See above for address) TERMINATED: 02/14/2013

Daniel Jonathan Kramer (See above for address) ATTORNEY TO BE NOTICED

Eric Alan Stone (See above for address) ATTORNEY TO BE NOTICED

Case: 1:11-cv-176 As of: 03/04/2015 09:52 PM EST 5 of 40

Plaintiff Christopher Morrishaw and on behalf of all others similarly situated TERMINATED: 06/19/2014
Plaintiff Michael Smith and on behalf of all others similarly situated

John Boston (See above for address) ATTORNEY TO BE NOTICED
Katherine Kelly Fell (See above for address) ATTORNEY TO BE NOTICED
Marisa H Lenok (See above for address) ATTORNEY TO BE NOTICED
Milton Zelermyer (See above for address)
Veronica Vela (See above for address)
represented by Asad Ismail Kudiya (See above for address) TERMINATED: 02/14/2013
Daniel Jonathan Kramer (See above for address) ATTORNEY TO BE NOTICED
Eric Alan Stone (See above for address) ATTORNEY TO BE NOTICED
John Boston (See above for address) ATTORNEY TO BE NOTICED
Marisa H Lenok (See above for address) ATTORNEY TO BE NOTICED
Milton Zelermyer (See above for address) ATTORNEY TO BE NOTICED
Veronica Vela (See above for address) ATTORNEY TO BE NOTICED
represented by Asad Ismail Kudiya (See above for address) TERMINATED: 02/14/2013
Daniel Jonathan Kramer (See above for address) ATTORNEY TO BE NOTICED
Eric Alan Stone (See above for address) ATTORNEY TO BE NOTICED
John Boston (See above for address) ATTORNEY TO BE NOTICED

Case: 1:11-cv-176 As of: 03/04/2015 09:52 PM EST 6 of 40

Katherine Kelly Fell (See above for address) ATTORNEY TO BE NOTICED
Marisa H Lenok (See above for address) ATTORNEY TO BE NOTICED
Milton Zelermyer (See above for address)
Veronica Vela (See above for address)

V. Movant Martin Hodge

V. Defendant Brian Fischer Commissioner of the New York State Department of Corrections and Community Services
Defendant Brian Fischer Commissioner; and on behalf of all others similarly situated TERMINATED: 04/30/2012 Defendant Lester L. Wright, MD. Chief Medical Officer/Deputy Commissioner; Individually TERMINATED: 04/30/2012 Defendant Lester L. Wright, MD. Chief Medical Officer/Deputy Commissioner; In his official capacity TERMINATED: 04/30/2012

represented by Frederick Hongyee Wen Attorney General of the State of New York 120 Broadway New York, NY 10271 (212)−416−6536 Fax: 212−416−6075 Email: fredwen@gmail.com LEAD ATTORNEY ATTORNEY TO BE NOTICED
Daniel A. Schulze Attorney General of the State of New York 120 Broadway New York, NY 10271 (212)−416−6557 Fax: (212)−416−6009 Email: daniel.schulze@ag.ny.gov ATTORNEY TO BE NOTICED
represented by Frederick Hongyee Wen (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Frederick Hongyee Wen (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Case: 1:11-cv-176 As of: 03/04/2015 09:52 PM EST 7 of 40

Defendant Carl J. Koenignmann, MD Chief Medical Officer/Deputy Commissioner; Individually TERMINATED: 04/30/2012
Defendant Carl J. Koenigsmann, MD Chief Medical Officer/Deputy Commissioner; In his official capacity TERMINATED: 04/30/2012
Defendant Lucy Buther ADA Coordinator of the New York State Department of Corrections and Community Services
Defendant Lucy Buther American's with Disabilities Act Coordinator; in her official capacity TERMINATED: 04/30/2012
Defendant Robert Raymond American's with Disabilities Act Coordinator; individually TERMINATED: 04/30/2012
Defendant Robert Raymond American's with Disabilities Act Coordinator; in his official capacity TERMINATED: 04/30/2012
Defendant Kenneth S. Perlman Deputy Commissioner for Programs; individually TERMINATED: 04/30/2012
Defendant Kenneth S. Perlman Deputy Commissioner for Programs; in his official capacity TERMINATED: 04/30/2012
Defendant James Walsh Superintendent; individually TERMINATED: 04/30/2012
Defendant

represented by Frederick Hongyee Wen (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Frederick Hongyee Wen (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Frederick Hongyee Wen (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Daniel A. Schulze (See above for address) ATTORNEY TO BE NOTICED
represented by Frederick Hongyee Wen (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Frederick Hongyee Wen (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Frederick Hongyee Wen (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Case: 1:11-cv-176 As of: 03/04/2015 09:52 PM EST 8 of 40

James Walsh Superintendent; in his official capacity TERMINATED: 04/30/2012

represented by Frederick Hongyee Wen (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Defendant
Leslie Malin Deputy Superintendent for Programs; individually TERMINATED: 04/30/2012

represented by Frederick Hongyee Wen (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Defendant
Leslie Malin Deputy Superintendent for Programs; in her official capacity TERMINATED: 04/30/2012

represented by Frederick Hongyee Wen (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Defendant
Lynn J. Lilley Deputy Superintendent for Administration; individually TERMINATED: 04/30/2012

represented by Frederick Hongyee Wen (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Defendant
Lynn J. Lilley Deputy Superintendent for Administration; in her official capacity TERMINATED: 04/30/2012

represented by Frederick Hongyee Wen (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Defendant
Lisa Chenel Senior Correction Counselor/Sensorial Disabled Program Supervisor; individually TERMINATED: 04/30/2012

represented by Frederick Hongyee Wen (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Defendant
Lisa Chenel Senior Correction Counselor/Sensorial Disabled Program Supervisor; in her official capacity TERMINATED: 04/30/2012

represented by Frederick Hongyee Wen (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Defendant
Peter Cohen Social Studies Teacher/Senorial Disabled Program Instructor/Teacher; individually TERMINATED: 04/30/2012

represented by Frederick Hongyee Wen (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Defendant
Peter Cohen Social Studies Teacher/Senorial Disabled Program Instructor/Teacher; in his official capacity TERMINATED: 04/30/2012

represented by Frederick Hongyee Wen (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Defendant
June Yvette Gatewood Correction Counselor/Sensorial Disabled

represented by Frederick Hongyee Wen (See above for address)

Case: 1:11-cv-176 As of: 03/04/2015 09:52 PM EST 9 of 40

Unit Counselor; individually TERMINATED: 04/30/2012

LEAD ATTORNEY ATTORNEY TO BE NOTICED

Defendant
June Yvette Gatewood Correction Counselor/Sensorial Disabled Unit Counselor; in her official capacity TERMINATED: 04/30/2012

represented by Frederick Hongyee Wen (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Defendant
Wladyslaw Sidorowicz, MD Facility Health Service Director; individually TERMINATED: 04/30/2012

represented by Frederick Hongyee Wen (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Defendant
Wladyslaw Sidorowicz, MD Facility Health Service Director; in her official capacity TERMINATED: 04/30/2012

represented by Frederick Hongyee Wen (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Defendant
Brian Villegas Correction Officer/Law Library Supervisor; individually TERMINATED: 03/10/2011

Defendant
Brian Villegas Correction Officer/Law Library Supervisor; in his official capacity TERMINATED: 03/10/2011

Defendant
New York Department of Correctional Services TERMINATED: 04/30/2012

represented by Frederick Hongyee Wen (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Defendant
New York State Office of Mental Health TERMINATED: 04/30/2012

represented by Frederick Hongyee Wen (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Defendant
New York State Division of Parole TERMINATED: 04/30/2012

represented by Frederick Hongyee Wen (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Defendant
The New York State Department of Corrections and Community Services

represented by Frederick Hongyee Wen (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Daniel A. Schulze (See above for address)

Case: 1:11-cv-176 As of: 03/04/2015 09:52 PM EST 10 of 40

ATTORNEY TO BE NOTICED

Defendant
Patrick J. Griffin Superintendent of Sullivan Correctional Facility

represented by Frederick Hongyee Wen (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Daniel A. Schulze (See above for address) ATTORNEY TO BE NOTICED

Defendant
Darrowd Cunningham Deputy Superintendent of Programs for Sullivan Correctional Facility

represented by Frederick Hongyee Wen (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Daniel A. Schulze (See above for address) ATTORNEY TO BE NOTICED

Defendant
Christopher Karson Assistant Deputy Superintendent of Programs for Sullivan Correctional Facility

represented by Frederick Hongyee Wen (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Daniel A. Schulze (See above for address) ATTORNEY TO BE NOTICED

Defendant
Dale Artus Superintendent of Wende Correctional Facility

represented by Frederick Hongyee Wen (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Daniel A. Schulze (See above for address) ATTORNEY TO BE NOTICED

Defendant
Karen Crowley Deputy Superintendent of Programs for Wende Correctional Facility

represented by Frederick Hongyee Wen (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Daniel A. Schulze (See above for address) ATTORNEY TO BE NOTICED

Miscellaneous
Daphne Ford guardian ad litem for plaintiff, Paul Ford, for the limited purpose of making decisions

Date Filed

# Docket Text

Case: 1:11-cv-176 As of: 03/04/2015 09:52 PM EST 11 of 40

01/04/2011
01/04/2011 01/04/2011 01/04/2011 01/04/2011 01/04/2011 01/04/2011 01/04/2011 01/04/2011 01/04/2011 01/04/2011 01/04/2011

1 COMPLAINT against Lucy Buther(American's with Disabilities Act Coordinator; in her official capacity), Lucy Buther(American's with Disabilities Act Coordinator; individually), Lisa Chenel(Senior Correction Counselor/Sensorial Disabled Program Supervisor; in her official capacity), Lisa Chenel(Senior Correction Counselor/Sensorial Disabled Program Supervisor; individually), Peter Cohen(Social Studies Teacher/Senorial Disabled Program Instructor/Teacher; individually), Peter Cohen(Social Studies Teacher/Senorial Disabled Program Instructor/Teacher; in his official capacity), Brian Fischer(Commissioner; and on behalf of all others similarly situated), Brian Fischer(Commissioner; Individually), June Yvette Gatewood(Correction Counselor/Sensorial Disabled Unit Counselor; individually), June Yvette Gatewood(Correction Counselor/Sensorial Disabled Unit Counselor; in her official capacity), Carl J. Koenignmann, MD, Carl J. Koenigsmann, MD, Lynn J. Lilley(Deputy Superintendent for Administration; individually), Lynn J. Lilley (Deputy Superintendent for Administration; in her official capacity), Leslie Malin(Deputy Superintendent for Programs; individually), Leslie Malin(Deputy Superintendent for Programs; in her official capacity), New York Department of Correctional Services, New York State Division of Parole, New York State Office of Mental Health, Kenneth S. Perlman(Deputy Commissioner for Programs; in his official capacity), Kenneth S. Perlman(Deputy Commissioner for Programs; individually), Robert Raymond(American's with Disabilities Act Coordinator; individually), Robert Raymond(American's with Disabilities Act Coordinator; in his official capacity), Wladyslaw Sidorowicz, MD(Facility Health Service Director; in her official capacity), Wladyslaw Sidorowicz, MD(Facility Health Service Director; individually), Brian Villegas(Correction Officer/Law Library Supervisor; in his official capacity), Brian Villegas(Correction Officer/Law Library Supervisor; individually), James Walsh(Superintendent; in his official capacity), James Walsh(Superintendent; individually), Lester L. Wright, MD(Chief Medical Officer/Deputy Commissioner; In his official capacity), Lester L. Wright, MD(Chief Medical Officer/Deputy Commissioner; Individually). Reply required under Prison Litigation Reform Act Section 7(2)(g)(2). Document filed by Darrius Reid, Peter Lopez, Anthony Medina, Warren Davis, Christopher Morrishaw, James Colantuono, Ling Loet, Ben Rawls, Michael Smith, Kevin Jones, Paul Ford, Kelvin Corran. (Attachments: # 1 part 2, # 2 part 3)(mro) (Entered: 01/14/2011)
Case Designated PLRA purs. to Prison Litigation Reform Act Section 7(2)(g)(2). (mro) (Entered: 01/14/2011)
2 MOTION to Proceed In forma Pauperis and supporting affirmation .Document filed by Peter Lopez.(mro) Modified on 1/19/2011 (mro). (Entered: 01/19/2011)
3 MOTION to Proceed In forma Pauperis and supporting affirmation .Document filed by James Colantuono.(mro) Modified on 1/19/2011 (mro). (Entered: 01/19/2011)
5 MOTION to Proceed In forma Pauperis and supporting affirmation. Document filed by Anthony Medina.(mro) (Entered: 01/19/2011)
6 MOTION to Proceed In forma Pauperis and supporting affirmation. Document filed by Kelvin Corran.(mro) (Entered: 01/19/2011)
7 MOTION to Proceed In forma Pauperis and supporting affirmation. Document filed by Warren Davis.(mro) (Entered: 01/19/2011)
8 MOTION to Proceed In forma Pauperis and supporting affirmation. Document filed by Michael Smith.(mro) (Entered: 01/19/2011)
9 MOTION to Proceed In forma Pauperis and supporting affirmation. Document filed by Kevin Jones.(mro) (Entered: 01/19/2011)
10 MOTION to Proceed In forma Pauperis and supporting affirmation. Document filed by Darrius Reid.(mro) (Entered: 01/19/2011)
11 MOTION to Proceed In forma Pauperis and supporting affirmation. Document filed by Christopher Morrishaw.(mro) (Entered: 01/19/2011)
12 MOTION to Proceed In forma Pauperis and supporting affirmation. Document filed by Ling Loet.(mro) (Entered: 01/19/2011)

Case: 1:11-cv-176 As of: 03/04/2015 09:52 PM EST 12 of 40

01/04/2011 01/19/2011
01/19/2011 01/20/2011 01/25/2011 02/02/2011
02/04/2011 02/09/2011 02/09/2011 02/09/2011 02/09/2011 02/09/2011 02/09/2011 02/09/2011 02/09/2011 02/09/2011

13 MOTION to Proceed In forma Pauperis and supporting affirmation. Document filed by Paul Ford.(mro) (Entered: 01/19/2011)
4 ORDER DIRECTING PAYMENT OF FEE OR IFP APPLICATION &PRISONER AUTHORIZATION: Plaintiffs are directed to render payment of the filing fee or each submit an IFP application &Prisoner Authorization to this Court's Pro Se Office within thirty (30) days of the date of this Order. The Clerk of Court is directed to assign this matter to my docket. The Clerk of Court is directed to mail to each Plaintiff a copy of this Order. 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 an appeal. See Coppedge v. United States, 369 U.S. 438, 444−45 (1962). Filing Fee due by 2/18/2011. In Forma Pauperis (IFP) Application due by 2/18/2011. Prisoner Authorization Form due by 2/18/2011. (Signed by Judge Loretta A. Preska on 1/19/2011) (Attachments: # 1 IFP, # 2 Prisoner Authorization)(ees). (Entered: 01/19/2011)
NOTICE OF CASE ASSIGNMENT − SUA SPONTE to Judge Loretta A. Preska. Judge Unassigned is no longer assigned to the case. (ees) (Entered: 01/19/2011)
Order Mailed with IFP Application and PLRA Form: Order mailed with IFP Application and PLRA Form on 01/20/2011 by Pro se Office. (vj) (Entered: 01/20/2011)
Order and IFP Application Mailed with PLRA Form: Order and IFP Application mailed with PLRA Form on 01/25/2011 to Plaintiffs Peter Lopez, Ling Loet,Paul Ford, James Colantuono, Darrius Reid, Ben Rawls, Warren Davis, Christopher Morrishaw, Kevin Jones and Michael Smith. (vj) (Entered: 01/25/2011)
15 ORDER DIRECTING PRISONER AUTHORIZATION: Plaintiffs are directed to pay the $350.00 filin fee or, in the alternative, to each submit a completed and signed Prisoner Authorization Form to this Court's Pro Se Office within thirty (30) days of the date of this Order. 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 an appeal. See Coppedge v. United States, 369 U.S. 438, 444−45 (1962). Prisoner Authorization Form due by 3/4/2011. (Signed by Judge Loretta A. Preska on 2/2/2011) (Attachments: # 1 Prisoner Authorization)(ees) (Entered: 02/02/2011)
Order and PLRA Form Mailed: Order and PLRA Form mailed on 02/04/2011 to plaintiff by Pro se Office. (vj) (Entered: 02/04/2011)
17 REQUEST TO PROCEED IN FORMA PAUPERIS. Document filed by Kevin Jones.(mbe) (Entered: 02/09/2011)
18 REQUEST TO PROCEED IN FORMA PAUPERIS. Document filed by Michael Smith.(mbe) (Entered: 02/09/2011)
19 REQUEST TO PROCEED IN FORMA PAUPERIS. Document filed by Christopher Morrishaw.(mbe) (Entered: 02/09/2011)
20 REQUEST TO PROCEED IN FORMA PAUPERIS. Document filed by Warren Davis.(mbe) (Entered: 02/09/2011)
21 REQUEST TO PROCEED IN FORMA PAUPERIS. Document filed by Darrius Reid.(mbe) (Entered: 02/09/2011)
22 REQUEST TO PROCEED IN FORMA PAUPERIS. Document filed by Peter Lopez.(mbe) (Entered: 02/09/2011)
23 REQUEST TO PROCEED IN FORMA PAUPERIS. Document filed by Paul Ford.(mbe) (Entered: 02/09/2011)
24 DECLARATION of Ling Loet. Document filed by Ling Loet. (mbe) (Entered: 02/10/2011)
28 DECLARATION IN SUPPORT OF REQUEST TO PROCEED IN FORMA PAUPERIS. Document filed by Anthony Medina.(mro) (Entered: 02/17/2011)

Case: 1:11-cv-176 As of: 03/04/2015 09:52 PM EST 13 of 40

02/09/2011 02/09/2011 02/14/2011 02/15/2011 02/22/2011 03/01/2011 03/09/2011
03/09/2011 03/10/2011 03/10/2011 03/10/2011

29 DECLARATION of Ben Rawls. Document filed by Ben Rawls. (mro) (Entered: 02/17/2011)
30 DECLARATION IN SUPPORT OF REQUEST TO PROCEED IN FORMA PAUPERIS. Document filed by Anthony Medina.(mro) (Entered: 02/24/2011)
26 PLRA form received by the Pro Se office on February 16, 2011. Document filed by James Colantuono. (jnm) (Entered: 02/16/2011)
27 PLRA form received by the Pro Se office on February 15, 2011. Document filed by Kelvin Corran. (jnm) (Entered: 02/16/2011)
33 AFFIDAVIT of Ben Rawls. Document filed by Ben Rawls. (mro) (Entered: 03/02/2011)
31 MEMO ENDORSEMENT on re: 30 Declaration in Support of I.F.P. ENDORSEMENT: Granted. So Ordered. (Signed by Judge Loretta A. Preska on 3/1/2011) (jfe) (Entered: 03/01/2011)
34 ORDER granting 2 Motion to Proceed In forma Pauperis ; granting 3 Motion to Proceed In forma Pauperis ; granting 6 Motion to Proceed In forma Pauperis ; granting 7 Motion to Proceed In forma Pauperis ; granting 8 Motion to Proceed In forma Pauperis ; granting 9 Motion to Proceed In forma Pauperis ; granting 10 Motion to Proceed In forma Pauperis ; granting 11 Motion to Proceed In forma Pauperis ; withdrawing 12 Motion ; granting 13 Motion to Proceed In forma Pauperis. The Court grants Plaintiffs Ling Loet's and Ben Rawls's request to withdraw from this action pursuant to Rule 41(a) of the Federal Rules of Civil Procedure. The Clerk of Court is directed not to charge Plaintiffs Ling Loet and Ben Rawls any portion of the $350.00 filing fee for this action, and the Warden or Superintendent having custody of Plaintiffs Ling Loet and Ben Rawls is directed to suspend any previously authorized monetary deduction from Plaintiff Ling Loet's and Ben Rawls's prison trust accounts for this lawsuit. Furthermore, this action as it pertains to Plaintiffs Anthony Medina, Peter Lopez, Paul Ford, Kevin Corran, James Colantuono, Darrius Reid, Kevin Jones, Warren Davis, Christopher Morrishaw and Michael Smith shall proceed. The Court grants Plaintiffs' request to proceed in forma pauperis and directs the Clerk of Court to reassign this case to a district judge in accordance with the procedures of the Clerk's Office. 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 an appeal. (Signed by Judge Loretta A. Preska on 3/9/2011) (mro) (Entered: 03/10/2011)
Transmission to Case Assignment Clerk. Transmitted re: 34 Order on Motion for Miscellaneous Relief to the Case Assignment Clerk for preparation of notice of case assignment/reassignment. (mro) (Entered: 03/10/2011)
35 NOTICE OF CASE REASSIGNMENT to Judge Loretta A. Preska. Judge Loretta A. Preska is no longer assigned to the case. (sjo) (Entered: 03/11/2011)
Magistrate Judge James L. Cott is so designated. (sjo) (Entered: 03/11/2011)
37 AMENDED COMPLAINT amending 1 PLRA Sec. 7(2)(g)(2) Complaint, PLRA Sec. 7(2)(g)(2) Complaint, PLRA Sec. 7(2)(g)(2) Complaint, PLRA Sec. 7(2)(g)(2) Complaint, PLRA Sec. 7(2)(g)(2) Complaint, PLRA Sec. 7(2)(g)(2) Complaint, PLRA Sec. 7(2)(g)(2) Complaint, PLRA Sec. 7(2)(g)(2) Complaint, PLRA Sec. 7(2)(g)(2) Complaint, PLRA Sec. 7(2)(g)(2) Complaint, PLRA Sec. 7(2)(g)(2) Complaint against Lucy Buther(American's with Disabilities Act Coordinator; in her official capacity), Lucy Buther(American's with Disabilities Act Coordinator; individually), Lisa Chenel(Senior Correction Counselor/Sensorial Disabled Program Supervisor; in her official capacity), Lisa Chenel(Senior Correction Counselor/Sensorial Disabled Program Supervisor; individually), Peter Cohen(Social Studies Teacher/Senorial Disabled Program Instructor/Teacher; individually), Peter Cohen(Social Studies Teacher/Senorial Disabled Program Instructor/Teacher; in his official capacity), Brian Fischer(Commissioner; and on behalf of all others similarly situated), Brian Fischer(Commissioner; Individually), June Yvette Gatewood(Correction Counselor/Sensorial Disabled Unit Counselor; individually), June Yvette Gatewood(Correction Counselor/Sensorial Disabled Unit Counselor; in her official capacity), Carl J. Koenignmann, MD, Carl J.

Case: 1:11-cv-176 As of: 03/04/2015 09:52 PM EST 14 of 40

03/11/2011 03/16/2011 03/21/2011
03/25/2011

Koenigsmann, MD, Lynn J. Lilley(Deputy Superintendent for Administration; individually), Lynn J. Lilley (Deputy Superintendent for Administration; in her official capacity), Leslie Malin(Deputy Superintendent for Programs; individually), Leslie Malin(Deputy Superintendent for Programs; in her official capacity), New York Department of Correctional Services, New York State Division of Parole, New York State Office of Mental Health, Kenneth S. Perlman(Deputy Commissioner for Programs; in his official capacity), Kenneth S. Perlman(Deputy Commissioner for Programs; individually), Robert Raymond(American's with Disabilities Act Coordinator; individually), Robert Raymond(American's with Disabilities Act Coordinator; in his official capacity), Wladyslaw Sidorowicz, MD(Facility Health Service Director; in her official capacity), Wladyslaw Sidorowicz, MD(Facility Health Service Director; individually), James Walsh(Superintendent; in his official capacity), James Walsh(Superintendent; individually), Lester L. Wright, MD(Chief Medical Officer/Deputy Commissioner; In his official capacity), Lester L. Wright, MD(Chief Medical Officer/Deputy Commissioner; Individually).Document filed by Darrius Reid, Peter Lopez, Anthony Medina, Warren Davis, Christopher Morrishaw, James Colantuono, Michael Smith, Kevin Jones, Paul Ford, Kelvin Corran. Related document: 1 PLRA Sec. 7(2)(g)(2) Complaint, PLRA Sec. 7(2)(g)(2) Complaint, PLRA Sec. 7(2)(g)(2) Complaint, PLRA Sec. 7(2)(g)(2) Complaint, PLRA Sec. 7(2)(g)(2) Complaint, PLRA Sec. 7(2)(g)(2) Complaint, PLRA Sec. 7(2)(g)(2) Complaint, PLRA Sec. 7(2)(g)(2) Complaint, PLRA Sec. 7(2)(g)(2) Complaint, PLRA Sec. 7(2)(g)(2) Complaint, PLRA Sec. 7(2)(g)(2) Complaint filed by Kelvin Corran, Darrius Reid, Christopher Morrishaw, James Colantuono, Paul Ford, Ling Loet, Peter Lopez, Michael Smith, Ben Rawls, Warren Davis, Anthony Medina, Kevin Jones. (Attachments: # 1 part 2, # 2 part 3)(mro) (Entered: 03/14/2011)
Mailed notice re: 35 Notice of Case Assignment/Reassignment to the attorney(s) of record. (sjo) (Entered: 03/11/2011)
40 UNSIGNED ORDER TO SHOW CAUSE and TEMPORARY RESTRAINING ORDER filed by the plaintiffs.(mro) (Entered: 03/24/2011)
39 ORDER: The Clerk of Court is directed to issue a Summons in this action and prepare and forward the necessary papers to the United States Marshal for service of the Summons and Amended Complaint upon the Defendants. The United States Marshal is also directed to serve a courtesy copy of the Summons and Amended Complaint on the Attorney General of the State of New York. The Clerk shall also serve a copy of this Order on Plaintiffs. (Signed by Judge Loretta A. Preska on 3/21/2011) (jar) (Entered: 03/21/2011)
SUMMONS ISSUED as to Lucy Buther(American's with Disabilities Act Coordinator; in her official capacity), Lucy Buther(American's with Disabilities Act Coordinator; individually), Lisa Chenel(Senior Correction Counselor/Sensorial Disabled Program Supervisor; in her official capacity), Lisa Chenel(Senior Correction Counselor/Sensorial Disabled Program Supervisor; individually), Peter Cohen(Social Studies Teacher/Senorial Disabled Program Instructor/Teacher; individually), Peter Cohen(Social Studies Teacher/Senorial Disabled Program Instructor/Teacher; in his official capacity), Brian Fischer(Commissioner; and on behalf of all others similarly situated), Brian Fischer(Commissioner; Individually), June Yvette Gatewood(Correction Counselor/Sensorial Disabled Unit Counselor; individually), June Yvette Gatewood(Correction Counselor/Sensorial Disabled Unit Counselor; in her official capacity), Carl J. Koenignmann, MD, Carl J. Koenigsmann, MD, Lynn J. Lilley(Deputy Superintendent for Administration; individually), Lynn J. Lilley (Deputy Superintendent for Administration; in her official capacity), Leslie Malin(Deputy Superintendent for Programs; individually), Leslie Malin(Deputy Superintendent for Programs; in her official capacity), New York Department of Correctional Services, New York State Division of Parole, New York State Office of Mental Health, Kenneth S. Perlman(Deputy Commissioner for Programs; in his official capacity), Kenneth S. Perlman(Deputy Commissioner for Programs; individually), Robert Raymond(American's with Disabilities Act Coordinator; individually), Robert Raymond(American's with Disabilities Act Coordinator; in his official capacity), Wladyslaw Sidorowicz, MD(Facility Health Service Director; in her official capacity), Wladyslaw Sidorowicz, MD(Facility Health Service Director; individually), James

Case: 1:11-cv-176 As of: 03/04/2015 09:52 PM EST 15 of 40

03/25/2011 03/29/2011 03/29/2011 04/27/2011 05/05/2011
05/10/2011 05/12/2011
05/12/2011

Walsh(Superintendent; in his official capacity), James Walsh(Superintendent; individually), Lester L. Wright, MD(Chief Medical Officer/Deputy Commissioner; In his official capacity), Lester L. Wright, MD(Chief Medical Officer/Deputy Commissioner; Individually). (vj) (Entered: 03/25/2011)
FRCP 4 Service Package Hand Delivered to U.S.M.: Package hand delivered to U.S.M. on 3/25/2011 per the instructions of Judge Loretta A. Preska. See 39 Order,. (vj) (Entered: 03/25/2011)
***DELETED DOCUMENT. Deleted document number 41 PRO SE MEMORANDUM. The document was incorrectly filed in this case. (tro) (Entered: 04/19/2011)
***DELETED DOCUMENT. Deleted document number 42 PRO SE MEMORANDUM. The document was incorrectly filed in this case. (tro) (Entered: 04/19/2011)
56 MOTION for an order permitting the Plaintiffs to communicate with each other, and directing the Defendants to provide Plaintiff Medina with access to auxiliary devices and services. Document filed by James Colantuono.(ae) (Entered: 06/08/2011)
42 NOTICE OF APPEARANCE by Frederick Hongyee Wen on behalf of Lisa Chenel(Senior Correction Counselor/Sensorial Disabled Program Supervisor; in her official capacity), Lisa Chenel(Senior Correction Counselor/Sensorial Disabled Program Supervisor; individually), Peter Cohen(Social Studies Teacher/Senorial Disabled Program Instructor/Teacher; individually), Peter Cohen(Social Studies Teacher/Senorial Disabled Program Instructor/Teacher; in his official capacity), June Yvette Gatewood(Correction Counselor/Sensorial Disabled Unit Counselor; individually), June Yvette Gatewood(Correction Counselor/Sensorial Disabled Unit Counselor; in her official capacity), Carl J. Koenignmann, MD, Carl J. Koenigsmann, MD, Lynn J. Lilley(Deputy Superintendent for Administration; individually), Lynn J. Lilley (Deputy Superintendent for Administration; in her official capacity), Leslie Malin(Deputy Superintendent for Programs; individually), Leslie Malin(Deputy Superintendent for Programs; in her official capacity), New York Department of Correctional Services, New York State Division of Parole, New York State Office of Mental Health, Kenneth S. Perlman(Deputy Commissioner for Programs; in his official capacity), Kenneth S. Perlman(Deputy Commissioner for Programs; individually), Wladyslaw Sidorowicz, MD(Facility Health Service Director; in her official capacity), Wladyslaw Sidorowicz, MD(Facility Health Service Director; individually), James Walsh(Superintendent; in his official capacity), James Walsh(Superintendent; individually), Lester L. Wright, MD(Chief Medical Officer/Deputy Commissioner; In his official capacity), Lester L. Wright, MD(Chief Medical Officer/Deputy Commissioner; Individually) (mbe) (Entered: 05/06/2011)
43 ENDORSED LETTER addressed to Judge Loretta A. Preska from Frederick H. Wen dated 5/4/2011 re: Counsel respectfully request a 90 day extension to respond to the amended complaint by answer or motion until 8/5/11. ENDORSEMENT: So Ordered. (Signed by Judge Loretta A. Preska on 5/10/2011) Copies mailed by Chambers. (jfe) Modified on 5/13/2011 (jfe). (Entered: 05/10/2011)
44 MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED Summons and Amended Complaint,,,,,,,,,,,,, served. Lester L. Wright, MD(Chief Medical Officer/Deputy Commissioner; In his official capacity) served on 4/26/2011, answer due 5/17/2011; Lester L. Wright, MD(Chief Medical Officer/Deputy Commissioner; Individually) served on 4/26/2011, answer due 5/17/2011. Service was accepted by MAIL. Document filed by Darrius Reid; Peter Lopez; Anthony Medina ; Warren Davis; Christopher Morrishaw; James Colantuono; Ling Loet; Ben Rawls; Michael Smith; Kevin Jones; Paul Ford; Kelvin Corran. (js) (Entered: 05/19/2011)
45 MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED Summons and Amended Complaint,,,,,,,,,,,,, served. James Walsh(Superintendent; in his official capacity) served on 4/29/2011, answer due 5/20/2011; James Walsh(Superintendent; individually) served on 4/29/2011, answer due 5/20/2011. Service was accepted by MAIL. Document filed by Darrius Reid; Peter Lopez;

Case: 1:11-cv-176 As of: 03/04/2015 09:52 PM EST 16 of 40

05/12/2011 05/12/2011 05/12/2011 05/12/2011 05/12/2011 05/12/2011 05/12/2011 05/12/2011

Anthony Medina ; Warren Davis; Christopher Morrishaw; James Colantuono; Ling Loet; Ben Rawls; Michael Smith; Kevin Jones; Paul Ford; Kelvin Corran. (js) (Entered: 05/19/2011)
46 MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED Summons and Amended Complaint,,,,,,,,,,,,, served. June Yvette Gatewood(Correction Counselor/Sensorial Disabled Unit Counselor; individually) served on 4/13/2011, answer due 5/4/2011; June Yvette Gatewood(Correction Counselor/Sensorial Disabled Unit Counselor; in her official capacity) served on 4/13/2011, answer due 5/4/2011. Service was accepted by MAIL. Document filed by Darrius Reid; Peter Lopez; Anthony Medina ; Warren Davis; Christopher Morrishaw; James Colantuono; Ling Loet; Ben Rawls; Michael Smith; Kevin Jones; Paul Ford; Kelvin Corran. (js) (Entered: 05/19/2011)
47 MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED Summons and Amended Complaint,,,,,,,,,,,,, served. Leslie Malin(Deputy Superintendent for Programs; individually) served on 4/13/2011, answer due 5/4/2011; Leslie Malin(Deputy Superintendent for Programs; in her official capacity) served on 4/13/2011, answer due 5/4/2011. Service was accepted by MAIL. Document filed by Darrius Reid; Anthony Medina ; Warren Davis; Christopher Morrishaw; James Colantuono; Ling Loet; Ben Rawls; Michael Smith; Kevin Jones; Paul Ford; Kelvin Corran. (js) (Entered: 05/19/2011)
48 MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED Summons and Amended Complaint,,,,,,,,,,,,, served. Peter Cohen(Social Studies Teacher/Senorial Disabled Program Instructor/Teacher; individually) served on 4/13/2011, answer due 5/4/2011; Peter Cohen(Social Studies Teacher/Senorial Disabled Program Instructor/Teacher; in his official capacity) served on 4/13/2011, answer due 5/4/2011. Service was accepted by MAIL. Document filed by Darrius Reid; Peter Lopez; Anthony Medina ; Warren Davis; Christopher Morrishaw; James Colantuono; Ling Loet; Ben Rawls; Michael Smith; Kevin Jones; Paul Ford; Kelvin Corran. (js) (Entered: 05/19/2011)
49 MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED Summons and Amended Complaint,,,,,,,,,,,,, served. Wladyslaw Sidorowicz, MD(Facility Health Service Director; in her official capacity) served on 4/14/2011, answer due 5/5/2011; Wladyslaw Sidorowicz, MD(Facility Health Service Director; individually) served on 4/14/2011, answer due 5/5/2011. Service was accepted by MAIL. Document filed by Darrius Reid; Peter Lopez; Anthony Medina ; Warren Davis; Christopher Morrishaw; James Colantuono; Ling Loet; Ben Rawls; Michael Smith; Kevin Jones; Paul Ford; Kelvin Corran. (js) (Entered: 05/19/2011)
50 MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED Summons and Amended Complaint,,,,,,,,,,,,, served. Lisa Chenel(Senior Correction Counselor/Sensorial Disabled Program Supervisor; in her official capacity) served on 4/15/2011, answer due 5/6/2011; Lisa Chenel(Senior Correction Counselor/Sensorial Disabled Program Supervisor; individually) served on 4/15/2011, answer due 5/6/2011. Service was accepted by MAIL. Document filed by Darrius Reid; Peter Lopez; Anthony Medina ; Warren Davis; Christopher Morrishaw; James Colantuono; Ling Loet; Ben Rawls; Michael Smith; Kevin Jones; Paul Ford; Kelvin Corran. (js) (Entered: 05/19/2011)
51 MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED Summons and Amended Complaint,,,,,,,,,,,,, served. New York Department of Correctional Services served on 4/26/2011, answer due 5/17/2011. Service was made by MAIL. (js) (Entered: 06/06/2011)
53 MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED Summons and Amended Complaint,,,,,,,,,,,,, served. Carl J. Koenignmann, MD served on 4/12/2011, answer due 5/3/2011; Carl J. Koenigsmann, MD served on 4/12/2011, answer due 5/3/2011. Service was made by MAIL. (js) (Entered: 06/06/2011)
54 MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED Summons and Amended Complaint,,,,,,,,,,,,, served. Brian Fischer(Commissioner; and on behalf of all others similarly situated) served on 4/18/2011, answer due

Case: 1:11-cv-176 As of: 03/04/2015 09:52 PM EST 17 of 40

05/12/2011 05/12/2011 05/22/2011 06/07/2011
06/21/2011
06/30/2011 06/30/2011 06/30/2011 08/08/2011 08/08/2011

5/9/2011; Brian Fischer(Commissioner; Individually) served on 4/18/2011, answer due 5/9/2011. Service was made by MAIL. (js) (Entered: 06/06/2011)
55 MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED Summons and Amended Complaint,,,,,,,,,,,,, served. New York State Division of Parole served on 4/20/2011, answer due 5/11/2011. Service was made by MAIL. (js) (Entered: 06/06/2011)
57 MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED Summons and Amended Complaint,,,,,,,,,,,,, served. Lynn J. Lilley(Deputy Superintendent for Administration; individually) served on 4/14/2011, answer due 5/5/2011; Lynn J. Lilley (Deputy Superintendent for Administration; in her official capacity) served on 4/14/2011, answer due 5/5/2011. Service was made by MAIL. (js) (Entered: 06/10/2011)
52 MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED Summons and Amended Complaint,,,,,,,,,,,,, served. Kenneth S. Perlman(Deputy Commissioner for Programs; in his official capacity) served on 4/26/2011, answer due 5/17/2011; Kenneth S. Perlman(Deputy Commissioner for Programs; individually) served on 4/26/2011, answer due 5/17/2011. Service was made by MAIL. (js) (Entered: 06/06/2011)
FRCP 4 (Information Package Mailed) to plaintiff at the address noted on the complaint/court's docket on 6/7/2011 via Federal Express AIRBILL # 874803493080. The service package included: a copy of the summons, a copy of the (IFP), change of address postcards, instructions on how to file a motion and opposition, instructions on filing an amended complaint, application for counsel, a consent to proceed before a Magistrate Judge, and affirmation of service forms. (vj) (Entered: 06/07/2011)
58 MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED Summons and PLRA Sec. 7(2)(g)(2) Complaint, PLRA Sec. 7(2)(g)(2) Complaint, PLRA Sec. 7(2)(g)(2) Complaint, PLRA Sec. 7(2)(g)(2) Complaint, PLRA Sec. 7(2)(g)(2) Complaint, PLRA Sec. 7(2)(g)(2) Complaint, PLRA Sec. 7(2)(g)(2) Complaint, PLRA Sec. 7(2)(g)(2) Complaint, PLRA Sec. 7(2)(g)(2) Complaint, PLRA Sec. 7(2)(g)(2) Complaint, PLRA Sec. 7(2)(g)(2) Complaint served. New York State Office of Mental Health served on 4/29/2011, answer due 5/20/2011. Service was accepted by mail. Document filed by Anthony Medina. (pl) (Entered: 06/27/2011)
59 ORDER, the Clerk of Court is directed to serve a copy of the letter and motion on the Attorney General of the State of New York. The Attorney General of the State of New York is directed to respond to Plaintiff Medina's letter and motion to address the issues raised by August 5,2011. (Signed by Judge Loretta A. Preska on 6/30/11) Copies Mailed By Chambers. (pl) (Entered: 07/01/2011)
Transmission to Docket Assistant Clerk. Transmitted re: 59 Order, Set Deadlines, to the Docket Assistant Clerk for case processing. (pl) (Entered: 07/01/2011)
Mailed a copy of 56 MOTION, 41 Letter to Attorney General of the State of NY Eric T. Schneiderman by Certified Mail # 7001 2510 0008 7682 4988 with Return Receipt Requested. (eef) (Entered: 07/01/2011)
60 ORDER REFERRING CASE TO MAGISTRATE JUDGE. Order that case be referred to the Clerk of Court for assignment to a Magistrate Judge for General Pretrial (includes scheduling, discovery, non−dispositive pretrial motions, and settlement). Referred to Magistrate Judge James L. Cott. Motions referred to James L. Cott. (Signed by Judge Loretta A. Preska on 8/5/11) (rjm) (Entered: 08/08/2011)
61 ENDORSED LETTER addressed to Judge Loretta A. Preska from Frederick H. Wen dated 8/5/11 re: I respectfully request a brief three−day extension to respond to the amended complaint and to plaintiff Medina's motion until August 10, 2011. ENDORSEMENT: Application granted. So ordered. Lisa Chenel (Senior Correction Counselor/Sensorial Disabled Program Supervisor; in her official capacity) answer due 8/10/2011; Lisa Chenel (Senior Correction Counselor/Sensorial Disabled Program Supervisor; individually) answer due 8/10/2011; Peter Cohen(Social Studies Teacher/Senorial Disabled Program

Case: 1:11-cv-176 As of: 03/04/2015 09:52 PM EST 18 of 40

08/10/2011
08/10/2011 08/10/2011

Instructor/Teacher; individually) answer due 8/10/2011; Peter Cohen (Social Studies Teacher/Senorial Disabled Program Instructor/Teacher; in his official capacity) answer due 8/10/2011; June Yvette Gatewood (Correction Counselor/Sensorial Disabled Unit Counselor; individually) answer due 8/10/2011; June Yvette Gatewood (Correction Counselor/Sensorial Disabled Unit Counselor; in her official capacity) answer due 8/10/2011; Carl J. Koenignmann, MD answer due 8/10/2011; Carl J. Koenigsmann, MD answer due 8/10/2011; Lynn J. Lilley (Deputy Superintendent for Administration; individually) answer due 8/10/2011; Lynn J. Lilley (Deputy Superintendent for Administration; in her official capacity) answer due 8/10/2011; Leslie Malin (Deputy Superintendent for Programs; individually) answer due 8/10/2011; Leslie Malin (Deputy Superintendent for Programs; in her official capacity) answer due 8/10/2011; New York Department of Correctional Services answer due 8/10/2011; New York State Division of Parole answer due 8/10/2011; New York State Office of Mental Health answer due 8/10/2011; Kenneth S. Perlman (Deputy Commissioner for Programs; in his official capacity) answer due 8/10/2011; Wladyslaw Sidorowicz, MD (Facility Health Service Director; in her official capacity) answer due 8/10/2011; Wladyslaw Sidorowicz, MD (Facility Health Service Director; individually) answer due 8/10/2011; James Walsh (Superintendent; in his official capacity) answer due 8/10/2011; James Walsh (Superintendent; individually) answer due 8/10/2011; Lester L. Wright, MD (Chief Medical Officer/Deputy Commissioner; In his official capacity) answer due 8/10/2011; Lester L. Wright, MD (Chief Medical Officer/Deputy Commissioner; Individually) answer due 8/10/2011. (Responses due by 8/10/2011). (Signed by Judge William H. Pauley, III on 8/8/11) (rjm) (Entered: 08/08/2011)
62 NOTICE OF DEFENDANTS' MOTION TO DISMISS THE AMENDED COMPLAINT. Document filed by Lisa Chenel(Senior Correction Counselor/Sensorial Disabled Program Supervisor; in her official capacity), Lisa Chenel(Senior Correction Counselor/Sensorial Disabled Program Supervisor; individually), Peter Cohen(Social Studies Teacher/Senorial Disabled Program Instructor/Teacher; individually), Peter Cohen(Social Studies Teacher/Senorial Disabled Program Instructor/Teacher; in his official capacity), June Yvette Gatewood(Correction Counselor/Sensorial Disabled Unit Counselor; individually), June Yvette Gatewood(Correction Counselor/Sensorial Disabled Unit Counselor; in her official capacity), Carl J. Koenignmann, MD, Carl J. Koenigsmann, MD, Lynn J. Lilley(Deputy Superintendent for Administration; individually), Lynn J. Lilley (Deputy Superintendent for Administration; in her official capacity), Leslie Malin(Deputy Superintendent for Programs; individually), Leslie Malin(Deputy Superintendent for Programs; in her official capacity), New York Department of Correctional Services, New York State Division of Parole, New York State Office of Mental Health, Kenneth S. Perlman(Deputy Commissioner for Programs; in his official capacity), Kenneth S. Perlman(Deputy Commissioner for Programs; individually), Wladyslaw Sidorowicz, MD(Facility Health Service Director; in her official capacity), Wladyslaw Sidorowicz, MD(Facility Health Service Director; individually), James Walsh(Superintendent; in his official capacity), James Walsh(Superintendent; individually), Lester L. Wright, MD(Chief Medical Officer/Deputy Commissioner; In his official capacity), Lester L. Wright, MD(Chief Medical Officer/Deputy Commissioner; Individually).(lmb) (Entered: 08/11/2011)
63 DECLARATION of Frederick H. Wen in Support re: 62 NOTICE OF DEFENDANTS' MOTION TO DISMISS THE AMENDED COMPLAINT. (lmb) (Entered: 08/11/2011)
64 MEMORANDUM OF LAW in Support re: 62 NOTICE OF DEFENDANTS' MOTION TO DISMISS THE AMENDED COMPLAINT. Document filed by Lisa Chenel(Senior Correction Counselor/Sensorial Disabled Program Supervisor; in her official capacity), Lisa Chenel(Senior Correction Counselor/Sensorial Disabled Program Supervisor; individually), Peter Cohen(Social Studies Teacher/Senorial Disabled Program Instructor/Teacher; individually), Peter Cohen(Social Studies Teacher/Senorial Disabled Program Instructor/Teacher; in his official capacity), June Yvette Gatewood(Correction Counselor/Sensorial Disabled Unit Counselor; individually), June Yvette Gatewood(Correction Counselor/Sensorial Disabled Unit Counselor; in her official capacity), Carl J. Koenignmann, MD, Carl J.

Case: 1:11-cv-176 As of: 03/04/2015 09:52 PM EST 19 of 40

08/19/2011
09/01/2011
09/01/2011 09/16/2011 09/27/2011 10/05/2011 10/14/2011

Koenigsmann, MD, Lynn J. Lilley(Deputy Superintendent for Administration; individually), Lynn J. Lilley (Deputy Superintendent for Administration; in her official capacity), Leslie Malin(Deputy Superintendent for Programs; individually), Leslie Malin(Deputy Superintendent for Programs; in her official capacity), New York Department of Correctional Services, New York State Division of Parole, New York State Office of Mental Health, Kenneth S. Perlman(Deputy Commissioner for Programs; in his official capacity), Kenneth S. Perlman(Deputy Commissioner for Programs; individually), Wladyslaw Sidorowicz, MD(Facility Health Service Director; in her official capacity), Wladyslaw Sidorowicz, MD(Facility Health Service Director; individually), James Walsh(Superintendent; in his official capacity), James Walsh(Superintendent; individually), Lester L. Wright, MD(Chief Medical Officer/Deputy Commissioner; In his official capacity), Lester L. Wright, MD(Chief Medical Officer/Deputy Commissioner; Individually). (lmb) (Entered: 08/11/2011)
65 ORDER: On April 27, 2011, Plaintiff Anthony Medina submitted a letter and motion to the Court seeking placement in the Sensorially Disabled Unit at Wende Correctional Facility, access to auxiliary devices and services while in segregation, and permission to communicate in writing with co−Plaintiffs in this action. Defendants submitted a letter response to the Honorable Loretta A. Preska on August 11, 2011. Plaintiffs are hereby directed to submit a reply to the Court no later than September 12, 2011. Plaintiffs are advised to submit all filings and correspondence to the Pro Se Office at the United States Courthouse, 500 Pearl Street, Room 230, New York, New York 10007 (Telephone: (212) 805−0175). (Signed by Magistrate Judge James L. Cott on 8/19/2011) Copies Mailed By Chambers. (jfe) (Entered: 08/19/2011)
66 Letter addressed to Judge Loretta A. Preska from Frederick H. Wen dated 8/10/11 re: Counsel for the defendants requests that plaintiff Medina's letter and motion seeking injunctive relief should be dismissed as moot, with respect to his request for reasonable accommodations and SDU transfer request because he is expected to be moved to the block for disabled inmates at Wende, and denied as premature or meritless because he has yet to exhaust his available administrative remedies via Directive #4422, with respect to his request for permission to communicate with his co−plaintiffs.(mro) (Entered: 09/02/2011)
67 Letter addressed to Judge Loretta A. Preska from Anthony Medina dated 8/8/11 re: Plaintiff is in receipt of defense counsel's 8/5/11 letter to the court in which an extension is requested to respond to the complaint and respond to this motion. He is unable to challenge counsel's request because he was served by ordinary first class mail. Document filed by Anthony Medina.(mro) (Entered: 09/02/2011)
68 ORDER: Plaintiffs' time to respond to the pending motion to dismiss is adjourned to December 16,2011. Mr. Boston shall inform the Court prior thereto as to whether the Legal Aid Society will undertake representation of plaintiffs. (Set Deadlines/Hearing as to 62 MOTION to Dismiss. :( Responses due by 12/16/2011) (Signed by Judge Loretta A. Preska on 9/16/2011) Copies Mailed By Chambers. (jfe) (Entered: 09/16/2011)
Received Return Receipt of 56 MOTION, 41 Letter as to Attorney General of the State of NY Eric T. Schneiderman, which was served by Certified Mail # 7001 2510 0008 7682 4988, on 7/5/2011. (eef) (Entered: 09/27/2011)
73 MOTION to enlarge the print on all documents remitted to him by the Court and defendants. Document filed by Anthony Medina.(mro) (Entered: 10/17/2011)
71 ORDER: On October 3, 2011, the Court received Plaintiffs' undated "Motion to Enlarge the Print on All Documents Remitted to Him by the Court and Defendants." Plaintiffs have not submitted any proof of service such as an affirmation or affidavit of service verifying that the motion was served on Defendants. The Pro Se Office is directed to send the motion to Defendants.Plaintiffs are reminded that they must serve all submissions to the Court on Defendants, and proof of service must accompany any such submissions to the Court. Plaintiffs are also advised to submit all filings and correspondence to the Pro Se Office at the United States Courthouse, 500 Pearl Street, Room 230, New York, New York 10007 (Telephone: (212) 805−0175). (copy forwarded to the

Case: 1:11-cv-176 As of: 03/04/2015 09:52 PM EST 20 of 40

11/07/2011 11/29/2011
12/05/2011 12/06/2011
12/08/2011
12/16/2011 12/16/2011 12/16/2011 12/16/2011 12/23/2011

Pro Se Office) (Signed by Magistrate Judge James L. Cott on 10/14/2011) Copies Mailed By Chambers. (cd) (Entered: 10/14/2011)
75 MOTION for Preliminary Injunction. Document filed by Anthony Medina.(msa) (Entered: 11/08/2011)
76 ORDER: Plaintiffs' time to respond to the Defendant's motion to dismiss is extended until January 16, 2012, subject to further extension, if required. Defendants shall show cause in writing no later than December 16, in papers in 32 font or 28 bold font, 1) why Plaintiffs should not receive all papers from Defendants in that size print, 2) why Plaintiffs should not have daily access to the Resource Room or to devices similar to those described by Plaintiff Medina in his Declaration dated November 2, 2011 [dkt. no. 75] to assist in reading and communicating, and 3) why Plaintiffs should not be permitted to communicate with each other in writing about this action. Plaintiffs' reply papers shall be served no later than January 16, 2012. (Responses due by 1/16/2012) (Signed by Judge Loretta A. Preska on 11/29/2011) Copies Mailed By Chambers To Plaintiff. (ab) (Entered: 11/29/2011)
77 ENDORSED LETTER addressed to Judge Loretta A. Preska from John Boston dated 12/2/2011 re: Counsel writies to inform the Court of the status of this matter pursuant to the Court's order of September 16, 2011. ENDORSEMENT: The Court has extended the time for plaintiffs to respond to the motion but expects a decision from the legal aid society before December 16, as counsel requested. Copies Mailed By Chambers. (Signed by Judge Loretta A. Preska on 12/5/2011) (jfe) Modified on 12/21/2011 (jfe). (Entered: 12/06/2011)
78 ORDER: it is ordered that the Attorney General shall ascertain the addresses where these Defendants maybe served. The Attorney General shall provide this information to Plaintiffs and the Court no later than January 6, 2012 or, if they are employed by DOCS (or another state entity), to accept service on their behalf. Once the information is provided to the Court, the Clerk of Court is directed to issue a new Summons in this action and prepare and forward the necessary papers to the United States Marshal for service of the new Summons and Amended Complaint upon Defendants Buther and Raymond unless the Attorney General's Office accepts service. The Clerk shall serve a copy of this Order on Plaintiffs. (Signed by Judge Loretta A. Preska on 12/6/2011) Copies Mailed By Chambers. (pl) Modified on 12/6/2011 (pl). Modified on 1/31/2012 (pl). (Entered: 12/06/2011)
79 ENDORSED LETTER addressed to Judge Loretta A. Preska from Frederick H. Wen dated 12/8/2011 re: counsel for plaintiff writes in response to the Court's december 6, 2011 Order, defendants Lucy Buther and Robert Raymond can be served at the addresses that are set forth in this Letter. ENDORSEMENT: Accordingly, as set out in the December 6 order, the Clerk of the Court shall issue a new summons and prepare and forward the necessary, papers for service to the United States Marshal. (Signed by Judge Loretta A. Preska on 12/8/2011) (pl) Modified on 12/8/2011 (pl). copies mailed to plaintiff by chambers (Entered: 12/08/2011)
80 MEMORANDUM OF LAW in Opposition re: 75 MOTION for Preliminary Injunction. Document filed by Brian Fischer(Commissioner; and on behalf of all others similarly situated) et al. (cd) (Entered: 12/19/2011)
81 DECLARATION of Frederick H Wien in Opposition re: 75 MOTION for Preliminary Injunction. Document filed by Brian Fischer(Commissioner; and on behalf of all others similarly situated) et al. (cd) (Entered: 12/19/2011)
82 DECLARATION of Lisa Chenel in Opposition re: 75 MOTION for Preliminary Injunction. Document filed by Brian Fischer(Commissioner; and on behalf of all others similarly situated) et al. (cd) (Entered: 12/19/2011)
83 DECLARATION of Karen Crowley in Opposition re: 75 MOTION for Preliminary Injunction. Document filed by Brian Fischer(Commissioner; and on behalf of all others similarly situated) et al. (cd) (Entered: 12/19/2011)
AMENDED SUMMONS ISSUED as to Lucy Buther(American's with Disabilities Act Coordinator; in her official capacity), Robert Raymond(American's with

Case: 1:11-cv-176 As of: 03/04/2015 09:52 PM EST 21 of 40

12/23/2011 01/10/2012
01/11/2012
01/11/2012 01/11/2012 01/11/2012 01/11/2012 01/11/2012 01/11/2012 01/11/2012 01/11/2012 01/11/2012

Disabilities Act Coordinator; individually). (vj) (Entered: 12/23/2011)
FRCP 4 Service Package Hand Delivered to U.S.M.: Package hand delivered to U.S.M. on 12/232011 per the instructions of Judge Loretta A. Preska. See 78 Order,,,. (vj) (Entered: 12/23/2011)
85 MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE UNEXECUTED as to Lucy Buther(American's with Disabilities Act Coordinator; in her official capacity), Lucy Buther(American's with Disabilities Act Coordinator; individually). Attempted Service of Summons and Amended Complaint,,,,,,,,,,,,,. Service was attempted on 8/11/2011. Document filed by Anthony Medina. 3/29/2011 Sent out for mail service, no response. 7/20/2011 Set up for Per/Service. 8/11/2011 Does not work at this address Legal would not accept (js) (Entered: 01/17/2012)
84 ORDER: By letter dated December 16, 2011, the Legal Aid Society informed the Court that they intend to offer to represent the Plaintiffs in this action. Pursuant to the attached letter from Plaintiff Anthony Medina, dated January 3, 2012, the Court extends both Plaintiffs' time to respond to the pending motion to dismiss [dkt. 62] and Plaintiffs' time to reply to the motion for a preliminary injunction [dkt. 75]. Accordingly, Plaintiffs time to respond is extended until February 16, 2012.The Clerk shall serve a copy of this Order on Plaintiffs. Set Deadlines/Hearing as to 62 MOTION to Dismiss. 75 MOTION for Preliminary Injunction. ( Responses due by 2/16/2012) (Signed by Judge Loretta A. Preska on 1/11/2011) The Clerks Office Has Mailed Copies. (cd) (Entered: 01/11/2012)
Transmission to Docket Assistant Clerk. Transmitted re: 84 Order, Set Motion and RRDeadlines/Hearings, to the Docket Assistant Clerk for case processing. (cd) (Entered: 01/11/2012)
Mailed a copy of 84 Order, Set Motion and RRDeadlines/Hearings, to James Colantuono 03−A−3490 Wende Corr. Facility P.O. Box 1187 Alden, NY 14004 by Certified Mail # 7003 0500 0000 0277 3743 with Return Receipt Requested. (eef) (Entered: 01/17/2012)
Mailed a copy of 84 Order, Set Motion and RRDeadlines/Hearings, to Anthony Medina 99−A−2999 Wende Correctional Facility P.O. Box 1187 Alden, NY 12733 by Certified Mail # 7003 0500 0000 0277 3736 with Return Receipt Requested. (eef) (Entered: 01/17/2012)
Mailed a copy of 84 Order, Set Motion and RRDeadlines/Hearings, to Peter Lopez 95−B−2608 Sullivan Correctional Facility 325 Riverside Drive P.O. Box 116 Fallsburg, New York 12733− by Certified Mail # 7003 0500 0000 0277 3774 with Return Receipt Requested. (eef) (Entered: 01/17/2012)
Mailed a copy of 84 Order, Set Motion and RRDeadlines/Hearings, to Paul Ford 81−B−1297 Sullivan Correctional Facility 325 Riverside Drive P.O. Box 116 Fallsburg, New York 12733− by Certified Mail # 7003 0500 0000 0277 3781 with Return Receipt Requested. (eef) (Entered: 01/17/2012)
Mailed a copy of 84 Order, Set Motion and RRDeadlines/Hearings, to Kelvin Curran 93−B−2003 Sullivan Correctional Facility 325 Riverside Drive P.O. Box 116 Fallsburg, New York 12733− by Certified Mail # 7003 0500 0000 0277 3798 with Return Receipt Requested. (eef) (Entered: 01/17/2012)
Mailed a copy of 84 Order, Set Motion and RRDeadlines/Hearings, to Darrius Reid 09−A−4744 Sullivan Correctional Facility 325 Riverside Drive P.O. Box 116 Fallsburg, New York 12733 by Certified Mail # 7003 0500 0000 0277 3804 with Return Receipt Requested. (eef) (Entered: 01/17/2012)
Mailed a copy of 84 Order, Set Motion and RRDeadlines/Hearings, to Kevin Jones 06−A−2567 Sullivan Correctional Facility 325 Riverside Drive P.O. Box 116 Fallsburg, New York 12733 by Certified Mail # 7003 0500 0000 0277 3811 with Return Receipt Requested. (eef) (Entered: 01/17/2012)
Mailed a copy of 84 Order, Set Motion and RRDeadlines/Hearings, to Warren Davis OB−A−4535 Sullivan Correctional Facility 325 Riverside Drive P.O. Box 116 Fallsburg, New York 12733 by Certified Mail # 7003 0500 0000 0277 3828

Case: 1:11-cv-176 As of: 03/04/2015 09:52 PM EST 22 of 40

01/11/2012 01/11/2012 01/17/2012
01/23/2012 02/07/2012 02/21/2012 02/21/2012 02/22/2012 02/22/2012 02/29/2012 03/01/2012 03/01/2012 03/19/2012

with Return Receipt Requested. (eef) (Entered: 01/17/2012)
Mailed a copy of 84 Order, Set Motion and RRDeadlines/Hearings, to Christopher Morrishaw 07−A−0433 Sullivan Correctional Facility 325 Riverside Drive P.O. Box 116 Fallsburg. New York 12733 by Certified Mail # 7003 0500 0000 0277 4207 with Return Receipt Requested. (eef) (Entered: 01/17/2012)
Mailed a copy of 84 Order, Set Motion and RRDeadlines/Hearings, to Michael Smith 00−A−4365 Sullivan Correctional Facility 325 Riverside Drive P.O. Box 116 Fallsburg. New York 12733 by Certified Mail # 7003 0500 0000 0277 4214 with Return Receipt Requested. (eef) (Entered: 01/17/2012)
86 MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE UNEXECUTED as to Robert Raymond(American's with Disabilities Act Coordinator; individually), Robert Raymond(American's with Disabilities Act Coordinator; in his official capacity). Attempted Service of Summons and Amended Complaint,,,,,,,,,,,,,. Service was attempted on 8/11/2011. Document filed by Anthony Medina. 3/29/2011 Sent out for mail service/no reply. 7/20/2011 Set up for Per/Service. 8/11/2011 does not work at this address. (Legal would not accept) (js) (Entered: 01/17/2012)
Received Return Receipt of 84 Order, Set Motion and RRDeadlines/Hearings, as to Christopher Morrishaw (07−A−0433), Sullivan Correctional Facility 325 Riverside Drive, P.O. Box 116, Fallsburg, New York 12733, which was served by Certified Mail # 7003−0500−0000−0277−4207, on 1/23/2012. (bw) (Entered: 02/21/2012)
Received returned mail: Order dated 1/11/12. Mail was addressed to Darrius Reid (09−A−4744) at Sullivan Corr. Facliliy, 325 Riverside Dr., Fallsburg, NY 12733 and was returned for the following reason(s): Undeliverable as addressed. (mro) (Entered: 02/09/2012)
Received Return Receipt of 84 Order, Set Motion and RRDeadlines/Hearings,,,,,, as to James Colantuono (03−A−3490), Wende Corr. Facility, P.O. Box 1187, Alden, NY 14004, which was served by Certified Mail # 7003−0500−0000−0277−3743, on 1/23/2012. (bw) (Entered: 02/21/2012)
Received Return Receipt of 84 Order as to Kelvin Coran (93−B−2003), which was served by Certified Mail # 7003 0500 0000 0277 3798, on 1/23/2012. (ab) (Entered: 02/28/2012)
Received Return Receipt of Mail Order by Certified Mail, as to Warren Davis, which was served by Certified Mail # 7003 0500 0000 0277 3828, on 1/23/2012. (msa) (Entered: 02/22/2012)
Received Return Receipt of 84 Order, Set Motion and RRDeadlines/Hearings, as to Michael Smith, which was served by Certified Mail # 7003 0500 0000 0277 4214. (lmb) (Entered: 02/22/2012)
Received Return Receipt of 84 Order, Set Motion and RRDeadlines/Hearings, as to Paul Ford, which was served by Certified Mail # 7003 0500 0000 0277 43781, on 1/20/12. (mro) (Entered: 02/29/2012)
Received Return Receipt of Mail Order by Certified Mail, as to Kevin Jones (06−A−2567), which was served by Certified Mail # 7003 0500 0000 0277 3811, on 1/23/2012. (ft) (Entered: 03/01/2012)
Received Return Receipt of Mail Order by Certified Mail, as to Darrius Reid (09−A−4744), which was served by Certified Mail # 7003 0500 0000 0277 3804, on 1/23/2012. (ft) (Entered: 03/01/2012)
87 ENDORSED LETTER addressed to Judge Loretta A. Preska from Milton Zelermyer dated 2/14/2012 re: I write to inform the Court of the progress of our investigation, and to seek the Court's assistance with regard to certain scheduling matters, including an extension of the February 16, 2012 deadline for plaintiffs to respond to defendants' motion to dismiss. ENDORSEMENT: Counsel may file a Second Amended Complaint no later than April 23 and need not respond to the pending motion to dismiss. (Signed by Judge Loretta A. Preska on 3/19/2012) (lmb) (Entered: 03/19/2012)

Case: 1:11-cv-176 As of: 03/04/2015 09:52 PM EST 23 of 40

03/19/2012 03/29/2012 03/29/2012 03/30/2012
03/30/2012 03/30/2012 03/30/2012
04/04/2012 04/05/2012
04/05/2012
04/05/2012 04/06/2012 04/06/2012 04/10/2012
04/11/2012

Set/Reset Deadlines: Amended Pleadings due by 4/23/2012. (lmb) (Entered: 03/19/2012)
89 NOTICE OF APPEARANCE by Asad Ismail Kudiya on behalf of Kelvin Corran, Warren Davis, Kevin Jones, Peter Lopez, Anthony Medina, Christopher Morrishaw, Michael Smith (mro) (Entered: 03/30/2012)
90 NOTICE OF APPEARANCE by Daniel Jonathan Kramer on behalf of Kelvin Corran, Warren Davis, Kevin Jones, Peter Lopez, Anthony Medina, Christopher Morrishaw, Michael Smith (mro) (Entered: 03/30/2012)
91 ORDER dismissing 56 Motion; dismissing 75 Motion for Preliminary Injunction: Based on the attached letter from Plaintiffs' counsel [dkt. no. 87], and in order to facilitate the anticipated filing of an omnibus motion by Plaintiffs' counsel, the Court dismisses Plaintiffs' motions [dkt. nos. 56, 75] without prejudice and with permission to re−file. (Signed by Judge Loretta A. Preska on 3/30/2012) (djc) (Entered: 03/30/2012)
92 NOTICE OF APPEARANCE by Milton Zelermyer on behalf of Kelvin Corran, Warren Davis, Kevin Jones, Peter Lopez, Anthony Medina, Christopher Morrishaw, Michael Smith (mro) (Entered: 04/03/2012)
93 NOTICE OF APPEARANCE by Veronica Vela on behalf of Kelvin Corran, Warren Davis, Kevin Jones, Peter Lopez, Anthony Medina, Christopher Morrishaw, Michael Smith (mro) (Entered: 04/03/2012)
94 AFFIDAVIT OF SERVICE of Notice of Appearance on behalf of plaintiffs Kelvin Corran, Warren Davis, Kevin Jones, Peter Lopez, Anthony Medina, Christopher Morrishaw, Michael Smith served on Frederick Wen, Darrius Reid, James Colantuona, Paul Ford on 3/28/12. Service was made by First Class Mail. Document filed by Kelvin Corran, Warren Davis, Kevin Jones, Peter Lopez, Anthony Medina, Christopher Morrishaw, Michael Smith. (mro) (Entered: 04/03/2012)
99 NOTICE OF APPEARANCE by Eric Alan Stone on behalf of Kelvin Corran, Warren Davis, Kevin Jones, Peter Lopez, Anthony Medina, Christopher Morrishaw, Michael Smith. (lmb) (Entered: 04/10/2012)
95 NOTICE OF CHANGE OF ADDRESS by Veronica Vela on behalf of Kelvin Corran, Warren Davis, Kevin Jones, Peter Lopez, Anthony Medina, Christopher Morrishaw, Michael Smith. New Address: The Legal Aid Society, 199 Water Street, Sixth Floor, New York, New York, United States 10038, 212−577−3530. (Vela, Veronica) (Entered: 04/05/2012)
96 ORDER: On March 29 and 30, 2012, Notices of Appearance were filed on behalf of Anthony Medina, Peter Lopez, Kelvin Corran, Kevin Jones, Warren Davis, Christopher Morrishaw and Michael Smith. It is hereby ORDERED that the Clerk of Court shall designate this case as an Electronic Case Filing matter. (Signed by Judge Loretta A. Preska on 4/4/2012) (lmb) (Entered: 04/05/2012)
Case Designated ECF. (lmb) (Entered: 04/05/2012)
97 NOTICE OF APPEARANCE by Veronica Vela on behalf of James Colantuono (Vela, Veronica) (Entered: 04/06/2012)
98 NOTICE OF APPEARANCE by Milton Zelermyer on behalf of James Colantuono (Zelermyer, Milton) (Entered: 04/06/2012)
100 NOTICE OF CHANGE OF ADDRESS by Milton Zelermyer on behalf of James Colantuono, Kelvin Corran, Warren Davis, Kevin Jones, Peter Lopez, Anthony Medina, Christopher Morrishaw, Michael Smith. New Address: The Legal Aid Society, 199 Water Street, 6th Floor, New York, NY, 10038, 212−577−3530. (Zelermyer, Milton) (Entered: 04/10/2012)
101 NOTICE OF APPEARANCE by Daniel Jonathan Kramer on behalf of James Colantuono (Attachments: # 1 Affidavit of Service)(Kramer, Daniel) (Entered: 04/11/2012)

Case: 1:11-cv-176 As of: 03/04/2015 09:52 PM EST 24 of 40

04/11/2012 04/11/2012 04/19/2012 04/19/2012 04/20/2012 04/30/2012
05/23/2012 05/23/2012 05/23/2012 05/23/2012

102 NOTICE OF APPEARANCE by Eric Alan Stone on behalf of James Colantuono (Attachments: # 1 Affidavit of Service)(Stone, Eric) (Entered: 04/11/2012)
103 NOTICE OF APPEARANCE by Asad Ismail Kudiya on behalf of James Colantuono (Attachments: # 1 Affidavit of Service)(Kudiya, Asad) (Entered: 04/11/2012)
104 MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED Summons and Amended Complaint served. Robert Raymond(American's with Disabilities Act Coordinator; individually) served on 3/1/2012, answer due 3/22/2012; Robert Raymond(American's with Disabilities Act Coordinator; in his official capacity) served on 3/1/2012, answer due 3/22/2012. Service was accepted by Robert Ray USA. Document filed by Anthony Medina. (mro) (Entered: 04/20/2012)
105 MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED Summons and Amended Complaint served. Lucy Buther(American's with Disabilities Act Coordinator; in her official capacity) served on 3/2/2012, answer due 3/23/2012; Lucy Buther(American's with Disabilities Act Coordinator; individually) served on 3/2/2012, answer due 3/23/2012. Service was made by Herman Reinhold, Counsels office. Document filed by Anthony Medina. (mro) (Entered: 04/20/2012)
106 ENDORSED LETTER addressed to Judge Loretta A Preska from Asad I Kudiya dated 4/19/2012 re: Request to extend time to file Second Amended Complaint from 4/23 to 4/30/2012. ENDORSEMENT: Application granted. ( Amended Pleadings due by 4/30/2012.) (Signed by Judge P. Kevin Castel on 4/20/2012) (cd) (Entered: 04/23/2012)
107 SECOND AMENDED COMPLAINT amending 37 Amended Complaint against Lucy Buther, Brian Fischer, The New York State Department of Corrections and Community Services, Patrick J. Griffin, Darrowd Cunningham, Christopher Karson, Dale Artus, Karen Crowley.Document filed by Peter Lopez, Anthony Medina, Warren Davis, Christopher Morrishaw, James Colantuono, Michael Smith, Kevin Jones, Kelvin Curran. Related document: 37 Amended Complaint filed by Kelvin Corran, Darrius Reid, Christopher Morrishaw, James Colantuono, Paul Ford, Peter Lopez, Michael Smith, Warren Davis, Anthony Medina, Kevin Jones.(lmb) Modified on 5/7/2012 (lmb). (Entered: 05/07/2012)
108 SUMMONS RETURNED EXECUTED Summons and Amended Complaint,, served. The New York State Department of Corrections and Community Services served on 5/3/2012, answer due 5/24/2012. Service was made by Mail. Document filed by Peter Lopez; Anthony Medina ; Warren Davis; Christopher Morrishaw; James Colantuono; Michael Smith; Kevin Jones; Kelvin Curran. (Stone, Eric) (Entered: 05/23/2012)
109 SUMMONS RETURNED EXECUTED Summons and Amended Complaint,, served. Brian Fischer(Commissioner of the New York State Department of Corrections and Community Services) served on 5/3/2012, answer due 5/24/2012. Service was made by Mail. Document filed by Peter Lopez; Anthony Medina ; Warren Davis; Christopher Morrishaw; James Colantuono; Michael Smith; Kevin Jones; Kelvin Curran. (Stone, Eric) (Entered: 05/23/2012)
110 SUMMONS RETURNED EXECUTED Summons and Amended Complaint,, served. Lucy Buther(ADA Coordinator of the New York State Department of Corrections and Community Services) served on 5/3/2012, answer due 5/24/2012. Service was made by Mail. Document filed by Peter Lopez; Anthony Medina ; Warren Davis; Christopher Morrishaw; James Colantuono; Michael Smith; Kevin Jones; Kelvin Curran. (Stone, Eric) (Entered: 05/23/2012)
111 SUMMONS RETURNED EXECUTED Summons and Amended Complaint,, served. Patrick J. Griffin served on 5/7/2012, answer due 5/29/2012. Service was accepted by M. Cassidy, Correctional Officer. Document filed by Peter Lopez; Anthony Medina ; Warren Davis; Christopher Morrishaw; James Colantuono; Michael Smith; Kevin Jones; Kelvin Curran. (Stone, Eric) (Entered: 05/23/2012)

Case: 1:11-cv-176 As of: 03/04/2015 09:52 PM EST 25 of 40

05/23/2012 05/23/2012 05/23/2012 05/23/2012 05/23/2012
05/30/2012 05/30/2012 07/24/2012
07/27/2012 08/03/2012

112 SUMMONS RETURNED EXECUTED Summons and Amended Complaint,, served. Darrowd Cunningham served on 5/7/2012, answer due 5/29/2012. Service was accepted by M. Cassidy, Correctional Officer. Document filed by Peter Lopez; Anthony Medina ; Warren Davis; Christopher Morrishaw; James Colantuono; Michael Smith; Kevin Jones; Kelvin Curran. (Stone, Eric) (Entered: 05/23/2012)
113 SUMMONS RETURNED EXECUTED Summons and Amended Complaint,, served. Christopher Karson served on 5/7/2012, answer due 5/29/2012. Service was accepted by M. Cassidy, Correctional Officer. Document filed by Peter Lopez; Anthony Medina ; Warren Davis; Christopher Morrishaw; James Colantuono; Michael Smith; Kevin Jones; Kelvin Curran. (Stone, Eric) (Entered: 05/23/2012)
114 SUMMONS RETURNED EXECUTED Summons and Amended Complaint,, served. Dale Artus served on 5/3/2012, answer due 5/24/2012. Service was made by Mail. Document filed by Peter Lopez; Anthony Medina ; Warren Davis; Christopher Morrishaw; James Colantuono; Michael Smith; Kevin Jones; Kelvin Curran. (Stone, Eric) (Entered: 05/23/2012)
115 SUMMONS RETURNED EXECUTED Summons and Amended Complaint,, served. Karen Crowley served on 5/3/2012, answer due 5/24/2012. Service was made by Mail. Document filed by Peter Lopez; Anthony Medina ; Warren Davis; Christopher Morrishaw; James Colantuono; Michael Smith; Kevin Jones; Kelvin Curran. (Stone, Eric) (Entered: 05/23/2012)
116 ENDORSED LETTER addressed to Judge Loretta A. Preska from Frederick H. Wen dated 5/22/2012 re: Request for extension of time for defendants to respond to second amended class action complaint. ENDORSEMENT: So ordered. Dale Artus answer due 7/24/2012; Lucy Buther ADA Coordinator of the New York State Department of Corrections and Community Services) answer due 7/24/2012; Karen Crowley answer due 7/24/2012; Darrowd Cunningham answer due 7/24/2012; Brian Fischer(Commissioner of the New York State Department of Corrections and Community Services) answer due 7/24/2012; Patrick J. Griffin answer due 7/24/2012; Christopher Karson answer due 7/24/2012; The New York State Department of Corrections and Community Services answer due 7/24/2012. (Signed by Judge Loretta A. Preska on 5/23/2012) (rjm) (Entered: 06/01/2012)
Received Return Receipt of Mail Order by Certified Mail as to Anthony Medina, which was served by Certified Mail # 7003 0500 0000 0277 3736, on 1/23/2012. (ft) (Entered: 05/30/2012)
Received Return Receipt of Mail Order by Certified Mail, as to Peter Lopez, which was served by Certified Mail # 7003 0500 0000 0277 3774, on 1/23/2012. (ft) (Entered: 05/30/2012)
117 ENDORSED LETTER addressed to Judge Loretta A. Preska from Frederick H. Wen dated 7/24/12 re: Counsel writes to request an extension for the defendants to respond to the second amended class action complaint from 7/24 to 7/27/12. ENDORSEMENT: So ordered. Dale Artus answer due 7/27/2012; Lucy Buther(ADA Coordinator of the New York State Department of Corrections and Community Services) answer due 7/27/2012; Karen Crowley answer due 7/27/2012; Darrowd Cunningham answer due 7/27/2012; Brian Fischer(Commissioner of the New York State Department of Corrections and Community Services) answer due 7/27/2012; Patrick J. Griffin answer due 7/27/2012; Christopher Karson answer due 7/27/2012; The New York State Department of Corrections and Community Services answer due 7/27/2012. (Signed by Judge Loretta A. Preska on 7/24/2012) (mro) (Entered: 07/24/2012)
118 ANSWER to 107 Amended Complaint,, with JURY DEMAND. Document filed by Dale Artus, Lucy Buther(ADA Coordinator of the New York State Department of Corrections and Community Services), Karen Crowley, Darrowd Cunningham, Brian Fischer(Commissioner of the New York State Department of Corrections and Community Services), Patrick J. Griffin, Christopher Karson, The New York State Department of Corrections and Community Services.(Wen, Frederick) (Entered: 07/27/2012)
119 ORDER FOR CONFERENCE PURSUANT TO RULE 16: Judge Preska referred this case to me for general pretrial on August 8, 2011. (Dkt. No. 60). As

Case: 1:11-cv-176 As of: 03/04/2015 09:52 PM EST 26 of 40

08/03/2012 08/03/2012 08/13/2012 08/29/2012 09/06/2012 09/24/2012
10/24/2012 10/24/2012

Defendants have now filed an Answer (Dkt. No. 118) to Plaintiffs' Second Amended Class Action Complaint (Dkt. No. 107), this case is scheduled for an initial case management conference in accordance with Fed. R. Civ. P. 16(a), on August 22, 2012 at 2:30 p.m. in Courtroom 18−A, United States Courthouse, 500 Pearl Street, New York, New York. All parties must appear at this conference and should arrive prior to the scheduled time so that the conference may begin promptly. ( Case Management Conference set for 8/22/2012 at 02:30 PM in Courtroom 18A, 500 Pearl Street, New York, NY 10007 before Magistrate Judge James L. Cott.) (Signed by Magistrate Judge James L. Cott on 8/3/2012) (mro) (Entered: 08/03/2012)
120 MOTION for Conference Adjournment. Document filed by Dale Artus, Lucy Buther(ADA Coordinator of the New York State Department of Corrections and Community Services), Karen Crowley, Darrowd Cunningham, Brian Fischer(Commissioner of the New York State Department of Corrections and Community Services), Patrick J. Griffin, Christopher Karson, The New York State Department of Corrections and Community Services.(Wen, Frederick) (Entered: 08/03/2012)
121 DECLARATION of Frederick H. Wen in Support re: 120 MOTION for Conference Adjournment.. Document filed by Dale Artus, Lucy Buther(ADA Coordinator of the New York State Department of Corrections and Community Services), Karen Crowley, Darrowd Cunningham, Brian Fischer(Commissioner of the New York State Department of Corrections and Community Services), Patrick J. Griffin, Christopher Karson, The New York State Department of Corrections and Community Services. (Wen, Frederick) (Entered: 08/03/2012)
122 ORDER granting 120 Motion for Conference re: 119 Order, Set Hearings,,,,,, Case Management Conference set for 9/6/2012 at 02:30 PM in Courtroom 18A, 500 Pearl Street, New York, NY 10007 before Magistrate Judge James L. Cott. (HEREBY ORDERED by Magistrate Judge James L. Cott)(Text Only Order) (Cott, James) (Entered: 08/13/2012)
123 ENDORSED LETTER addressed to Judge Loretta A. Preska from Daphne Ford dated 8/8/2012 re: Please consider this letter as a request to appoint me as guardian for my 50−year−old son, Paul Ford, for the limited purpose of making decisions regarding his being a plaintiff in the original Medina v. Fischer complaint. ENDORSEMENT: Ms. Ford is appointed guardian ad litem for her son, Paul Ford, in connection with the above action. (Signed by Judge Loretta A. Preska on 8/29/2012) (lmb) (Entered: 08/29/2012)
Minute Entry for proceedings held before Magistrate Judge James L. Cott: Status Conference held on 9/6/2012. (jfe) (Entered: 09/12/2012)
124 INTERIM SCHEDULING ORDER: IT IS HEREBY ORDERED that: The Parties' proposed scheduling order is held in abeyance; The Parties are directed to engage in a targeted course of discovery as further specified in this order, to be completed prior to January 17, 2013. The Parties shall appear before the Court on January 17, 2013 at 10:00 a.m. for a status conference to report on their progress. If the parties and the Court believe it is appropriate, a settlement conference will be scheduled approximately thirty days following the status conference, and as further set forth. (Discovery due by 1/17/2013. Status Conference set for 1/17/2013 at 10:00 AM before Magistrate Judge James L. Cott.) (Signed by Magistrate Judge James L. Cott on 9/24/2012) (rjm) (Entered: 09/24/2012)
125 Letter addressed to Judge Loretta A. Preska from Paul Ford dated 10/9/2012 re: Please find plaintiffs motion for assignment of a guardian. Plaintiff have served all the proper parties, please see enclosed affirmation of service. Document filed by Paul Ford.(lmb) (Entered: 10/24/2012)
126 ORDER: The Court has received an October 9, 2012 application from Paul Ford for the appointment of a guardian ad litem. (Dkt. No. 125). Judge Preska appointed Paul Ford's mother, Daphne Ford, as his guardian ad litem on August 29, 2012. (Dkt. No. 123). Therefore, the Court is inclined to think that Mr. Ford's October 9 application is moot. However, Ms. Ford and counsel for the parties should advise the Court by letter as to their positions regarding Mr. Ford's October 9 application by November 9, 2012. (Signed by Magistrate Judge James L. Cott on 10/24/2012)

Case: 1:11-cv-176 As of: 03/04/2015 09:52 PM EST 27 of 40

11/16/2012
11/21/2012 11/30/2012
12/07/2012 12/21/2012 01/07/2013

Copies Mailed By Chambers. (lmb) (Entered: 10/24/2012)
127 ENDORSED LETTER addressed to Magistrate Judge James L. Cott from Asad Kudiya dated 11/8/2012 re: We represent Anthony Medina, James Colantuono, Kevin Curran, Warren Davis, Kevin Jones, Peter Lopez, Christopher Morrishaw and Michael Smith in the above−captioned action and write in regard to your Honor's October 24, 2012 Order directing the parties to provide their respective positions regarding Paul Ford's October 9, 2012 pro se Motion for appointment of a guardian ad litem. We agree with the Court that, in light of Judge Preska's August 29, 2012 appointment of Ms. Daphne Ford as guardian ad litem for Mr. Ford, Mr. Ford's October 9 application is moot. ENDORSEMENT: Counsel is directed to provide the Court with an update regarding Mr. Ford's status by November 27, 2012. The Court would appreciate counsel's views regarding Mr. Ford's expressed concerns about whether his mother will be able to adequately represent his interests in her capacity as guardian ad litem. Ms. Ford is also welcome to make any submissions she believes is appropriate by November 27. (Signed by Magistrate Judge James L. Cott on 11/16/2012) (lmb) Modified on 11/19/2012 (lmb). (Entered: 11/16/2012)
128 ENDORSED LETTER addressed to Magistrate Judge James L. Cott from Asad Kudiya dated 11/8/2012 re: Plaintiffs anticipate being able to provide an update to the Court on 11/23/2012. ENDORSEMENT: So ordered. (Signed by Judge Loretta A. Preska on 11/21/2012) (cd) (Entered: 11/21/2012)
129 ORDER: Therefore, to assist the Court in acting on Mr. Ford's request in an efficient manner, the parties and Ms. Ford are directed to provide the Court with the following information: 1. Status of Daphne Ford as Guardian Ad Litem: Ms. Ford should send a letter to the Court by December 10, 2012, advising the Court as to whether she would like to withdraw as guardian ad litem for Mr. Ford. To be clear, it has been the Court's expectation that Ms. Ford, in her capacity as guardian ad litem, would agree to have legal counsel−either Paul Weiss or other attorneys−represent Mr. Ford's interests in this case. 2. Legal Representation of Paul Ford: Paul Weiss and the Legal Aid Society should advise the Court by December 10, 2012 whether they will represent Mr. Ford, assuming he has a guardian ad litem to act on his behalf (whether it is Ms. Ford, or a new guardian ad litem to be appointed by the Court). 3. Status of Paul Ford's Claims: If Paul Weiss and the Legal Aid Society do not intend to represent Mr. Ford, counsel for both sides should inform the Court by December 17, 2012 of their views−supported by appropriate legal authority−as to how Mr. Ford's claims should proceed once his request for a guardian ad litem has been resolved−i.e., whether Mr. Ford's claims should proceed alongside the other Plaintiffs' claims, or in some other fashion. (Signed by Magistrate Judge James L. Cott on 11/30/2012) Copies Mailed By Chambers. (lmb) (Entered: 11/30/2012)
130 ORDER: It is hereby ordered that: 1. The deadline for Ms. Ford to submit a letter advising the Court whether she wants to withdraw as guardian ad litem for her son is extended until December 17, 2012. 2. The deadline for Paul Weiss and the Legal Aid Society to advise the Court as to whether they will represent Mr. Ford, assuming he has a guardian ad litem to act on his behalf, is also extended to December 17, 2012. 3. The deadline for the parties to inform the Court of their views as to how Mr. Ford's claims should proceed if Paul Weiss and the Legal Aid Society do not represent him is extended to December 28, 2012. (Signed by Magistrate Judge James L. Cott on 12/6/2012) Copies Mailed By Chambers (djc) Modified on 12/7/2012 (djc). Modified on 12/11/2012 (djc). (Entered: 12/07/2012)
132 Letter addressed to Magistrate Judge James L. Cott from Daphne Ford dated 12/14/2012 re: This letter is my confirmation that I, Daphne Ford, intend to remain as the Guardian Ad Litem for my son Paul Ford. (rjm) (Entered: 12/21/2012)
133 ENDORSED LETTER addressed to Magistrate Judge James L. Cott from Frederick H. Wen dated 12/21/2012 re: This letter is respectfully submitted by defendants to request an adjournment of the status conference scheduled for January 17,2013 before Your Honor until February 21, 2013, at 2 pm, and to extend the targeted discovery deadline to that date. ENDORSEMENT: The request to adjourn the conference until 2/21/2013 at 2:00 p.m. is granted. So ordered. (Signed by Magistrate Judge James L. Cott on 1/7/2013) (js) (Entered: 01/07/2013)

Case: 1:11-cv-176 As of: 03/04/2015 09:52 PM EST 28 of 40

01/08/2013
01/08/2013 01/09/2013 01/09/2013 01/23/2013 01/23/2013 01/28/2013 01/31/2013
02/01/2013

134 MEMORANDUM ORDER: Accordingly, Hodge's motion to file a supplemental complaint on behalf of Ford is denied. Finally, Hodge has filed a motion on his own behalf seeking: (l) to be added to the case as a plaintiff on the basis that he is a similarly−situated, visually−impaired prisoner entitled to the full range of reasonable accommodations from DOCCS, which the Court construes as a motion to intervene under Fed. R. Civ. P. 24; and (2) permission to file a supplemental complaint alleging, among other things, retaliation by officials at the Sullivan Correctional Facility stemming from assistance he has provided to Plaintiffs Ford and Curran in connection with this case. The parties have not responded to this motion; therefore, the Court reserves decision and directs the parties to file any papers in response by January 25, 2013. If the parties oppose Hodge's motion to intervene, Hodge may file papers in reply, not to exceed five pages, by February 15, 2013. (Signed by Magistrate Judge James L. Cott on 1/8/2013) Copies Mailed By Chambers. (js) (Entered: 01/09/2013)
Set/Reset Deadlines: Responses due by 1/25/2013 Replies due by 2/15/2013. (js) (Entered: 01/09/2013)
135 MOTION to file Supplemental Complaint. Document filed by Martin Hodge.(js) (Entered: 01/09/2013)
136 MOTION Permission to file a supplemental complaint, poor persons status, and assignment of counsel for consideration before Your Honor with this matter. Document filed by Martin Hodge.(mt) (Entered: 01/14/2013)
137 Letter addressed to L. Manning, from LeshiAnn M. Manning, dated 12/10/2012, re: Sending Your Honor an affirmation for the court to see what abuse that many inmates that are disabled are subjected to at Sullivan Correctional and request an investigation to be conducted into the wide spread abuse of the Sullivan Correctional staff for inmates making complaints. (ja) (Entered: 01/24/2013)
138 ENDORSED LETTER addressed to Magistrate Judge James L. Cott, from Asad Kudiya, dated 1/23/2013, re: request a brief extension of the deadline to respond to Martin Hodge's motion to intervene in this action. The deadline is currently January 25, 2013. We request an adjournment until next Wednesday, January 30, 2013. ENDORSEMENT: The request for an extension until January 30 is GRANTED and the Court will docket the letters from the non−parties. ( Responses due by 1/30/2013) (Signed by Magistrate Judge James L. Cott on 1/23/2013) (ja) Modified on 1/28/2013 (ja). (Entered: 01/24/2013)
139 ENDORSED LETTER addressed to Magistrate Judge James L. Cott from Asad Kudiya dated 1/28/2013 re: Request for extension of deadline to respond to Martin Hodge's motion to intervene in this action until 2/1/2013. ENDORSEMENT: The request is granted. So ordered. (Responses due by 2/1/2013). (Signed by Magistrate Judge James L. Cott on 1/28/2013) (rjm) (Entered: 01/29/2013)
140 ENDORSED LETTER addressed to Magistrate Judge James L. Cott from Asad Kudiya dated 01/18/2013 re: We represent plaintiffs Anthony Medina, James Colantuono, Kevin Curran, Warren Davis, Kevin Jones, Peter Lopez, Christopher Morrishaw, and Michael Smith in the above−referenced action, and write in response to the Court's January 8, 2013 Order that we consult with Ms. Daphne Ford regarding representation of her son, Paul Ford, in this action. ENDORSEMENT: The Court has reviewed this letter, but wishes to hear from Ms. Ford directly. Accordingly, Ms. Ford is directed to attend the conference scheduled for February 21 at 2 p.m. If personal attendance is a hardship, Ms. Ford may participate by phone. Counsel for plaintiff is directed to provide Ms. Ford with a copy of this Order and to arrange for her participation by phone, if necessary. (Signed by Magistrate Judge James L. Cott on 01/31/2013) (jcs) Modified on 2/4/2013 (jcs). (Entered: 01/31/2013)
141 NOTICE OF APPEARANCE by Daniel A. Schulze on behalf of Dale Artus, Lucy Buther(ADA Coordinator of the New York State Department of Corrections and Community Services), Karen Crowley, Darrowd Cunningham, Brian Fischer(Commissioner of the New York State Department of Corrections and Community Services), Patrick J. Griffin, Christopher Karson, The New York State Department of Corrections and Community Services (Schulze, Daniel) (Entered: 02/01/2013)

Case: 1:11-cv-176 As of: 03/04/2015 09:52 PM EST 29 of 40

02/01/2013 02/01/2013 02/11/2013
02/13/2013 02/14/2013 02/20/2013
02/22/2013 02/25/2013

142 MEMORANDUM OF LAW in Opposition re: 136 MOTION Permission to file a supplemental complaint, poor persons status, and assignment of counsel for consideration before Your Honor with this matter... Document filed by Dale Artus, Lucy Buther(ADA Coordinator of the New York State Department of Corrections and Community Services), Karen Crowley, Darrowd Cunningham, Brian Fischer(Commissioner of the New York State Department of Corrections and Community Services), Patrick J. Griffin, Christopher Karson, The New York State Department of Corrections and Community Services. (Schulze, Daniel) (Entered: 02/01/2013)
143 MEMORANDUM OF LAW in Opposition re: 136 MOTION Permission to file a supplemental complaint, poor persons status, and assignment of counsel for consideration before Your Honor with this matter... Document filed by James Colantuono, Kelvin Curran, Warren Davis, Kevin Jones, Peter Lopez, Anthony Medina, Christopher Morrishaw, Michael Smith. (Attachments: # 1 Affidavit of Service)(Stone, Eric) (Entered: 02/01/2013)
144 ORDER GRANTING LEAVE FOR THE TAKING OF THE DEPOSITIONS OF THE INCARCERATED PLAINTIFFS LOPEZ AND DAVIS. It is hereby: ORDERED that, pursuant to Federal Rule of Civil Procedure 30(a)(2)(B) and the Interim Scheduling Order, signed September 24, 2012, and extended on January 7, 2013, and upon the notices given by defendants to the plaintiffs' counsel, defendants, through their attorneys, may take the depositions of the plaintiffs Peter Lopez, DIN 95−B−2608, and Warren Davis, DIN 08−A−4535, both currently incarcerated at Sullivan Correctional Facility, at a conference room at Sullivan C.F. in Fallsburg, New York, on Friday, February 15, 2013, or such other day as may be noticed in advance to plaintiffs' counsel. (Signed by Magistrate Judge James L. Cott on 2/11/2013). (rjm) (Entered: 02/11/2013)
147 RESPONSE TO OPPOSITION TO MOTION TO FILE SUPPLEMENTAL COMPLAINT re: 142 Memorandum of Law in Opposition to Motion, 143 Memorandum of Law in Opposition to Motion. Document filed by Martin Hodge. (sc) (Entered: 02/15/2013)
146 NOTICE OF WITHDRAWAL OF COUNSEL: PLEASE TAKE NOTICE that, due to my departure from the law firm of Paul, Weiss, Rifkind Wharton &Garrison LLP, I hereby withdraw as counsel for plaintiffs Anthony Medina, James Colantuono, Kelvin Curran, Warren Davis, Kevin Jones, Peter Lopez, Christopher Morrishaw, and Michael Smith in the above−captioned matter. The plaintiffs will continue to be represented by Daniel J. Kramer and Eric Alan Stone of Paul, Weiss, Rifkind, Wharton &Garrison LLP along with John Boston, Milton Zelermyer, and Veronica Vela of The Legal Aid Society. (Signed by Judge Loretta A. Preska on 2/13/2013) (djc) (Entered: 02/14/2013)
149 ENDORSED LETTER addressed to Magistrate Judge James L. Cott from Eric Alan Stone dated 2/19/2013 re: We represent the plaintiffs in the above−captioned action and write to request a rescheduling of our upcoming court conference, set to take place on February 21, 2013 at 2:00 pm. We respectfully request that Your Honor move the conference to February 25,2013 at 11:00 am. We have spoken to the Attorney General's Office and Daphne Ford., and they consent to this request. Ms. Ford also noted that she prefers to participate in the conference by telephone. ENDORSEMENT: The request is GRANTED. The conference will be held in courtroom 6A. SO ORDERED., ( Status Conference set for 2/25/2013 at 11:00 AM in Courtroom 6A, 500 Pearl Street, New York, NY 10007 before Magistrate Judge James L. Cott.) (Signed by Magistrate Judge James L. Cott on 2/20/2013) (ama) Modified on 2/21/2013 (ama). (Entered: 02/20/2013)
150 NOTICE OF APPEARANCE by Marisa R. Harris on behalf of James Colantuono, Kelvin Curran, Warren Davis, Kevin Jones, Peter Lopez, Anthony Medina, Christopher Morrishaw, Michael Smith (Harris, Marisa) (Entered: 02/22/2013)
151 ORDER: The Court held a conference today, at which it heard from Daphne Ford, Paul Ford's mother and guardian ad litem, and counsel for both sides regarding Paul Ford's status in this lawsuit. For the reasons stated at the conference, as well as in Paul Weiss's letter to the Court dated January 18, 2013 (Dkt. No. 140), Paul Ford will not be added as a named plaintiff in the Second Amended Complaint ("SAC"). As the docket currently reflects that Paul Ford is a "terminated" plaintiff

Case: 1:11-cv-176 As of: 03/04/2015 09:52 PM EST 30 of 40

02/25/2013
02/25/2013 03/28/2013 03/28/2013 03/29/2013 04/24/2013 05/23/2013
05/31/2013

(as a result of the filing of the SAC), no further action is necessary to reflect this disposition.SO ORDERED. (Signed by Magistrate Judge James L. Cott on 2/25/2013) Copies Mailed By Chambers. (ama) (Entered: 02/25/2013)
152 ORDER: As set forth at the conference today, a settlement conference is scheduled for June 14, 2013 at 9:30 a.m. in Courtroom 18A, United States Courthouse, 500 Pearl Street, New York, New York. The Court will hold a telephone conference on May 31 at 11 :00 a.m. to discuss the status of the parties' negotiations and what submissions should be made to the Court in preparation for the June 14 conference. SO ORDERED.( Settlement Conference set for 6/14/2013 at 09:30 AM in Courtroom 18A, 500 Pearl Street, New York, NY 10007 before Magistrate Judge James L. Cott., Telephone Conference set for 5/31/2013 at 11:00 AM before Magistrate Judge James L. Cott.) (Signed by Magistrate Judge James L. Cott on 2/25/2013) (ama) (Entered: 02/25/2013)
Minute Entry for proceedings held before Magistrate Judge James L. Cott: Status Conference held on 2/25/2013. (js) (Entered: 03/01/2013)
153 TRANSCRIPT of Proceedings re: CONFERENCE held on 2/25/2013 before Magistrate Judge James L. Cott. Court Reporter/Transcriber: Bridget Lombardozzi, (212) 805−0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 4/22/2013. Redacted Transcript Deadline set for 5/2/2013. Release of Transcript Restriction set for 7/1/2013.(Rodriguez, Somari) (Entered: 03/28/2013)
154 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERENCE proceeding held on 2/25/13 has been filed by the court reporter/transcriber in the above−captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...(Rodriguez, Somari) (Entered: 03/28/2013)
155 REPORT AND RECOMMENDATION: For the foregoing reasons, I recommend that Hodge's Motion be denied without prejudice to his right to pursue any individual claims he may have in a separate action. Objections to RRdue by 4/15/2013 (Signed by Magistrate Judge James L. Cott on 3/29/2013) Copies Mailed By Chambers. (ama) (Entered: 03/29/2013)
156 ENDORSED LETTER addressed to Magistrate Judge James L. Cott from Frederick H. Wen dated 4/24/2013 re: This letter is respectfully submitted by defendants' counsel to request a brief extension of the defendants' deadline to respond to plaintiffs' settlement proposal from April 25 until May 2, 2013. ENDORSEMENT: The request is Granted. SO ORDERED. (Signed by Magistrate Judge James L. Cott on 4/24/2013) (ama) (Entered: 04/24/2013)
157 ORDER: Having received the parties' letters of today's date, the Court directs the parties to meet and confer (in person if feasible) in advance of the telephone conference with the Court on May 31 to discuss all of the various proposals in plaintiffs' March 25th submission in order to ascertain where there is common ground between the parties and where there is not. While no additional written response is required from defendants in advance of the May 31st conference given the shortness of time (and counsel for defendants' recent leave), the Court directs that the parties discuss all topics in order to determine how best to narrow the issues for further settlement discussions with the Court. (Signed by Magistrate Judge James L. Cott on 5/23/2013) (tro) (Entered: 05/24/2013)
158 ORDER: As discussed during the telephone conference with the Court today, the settlement conference previously set for June 14 is rescheduled to August 6, at 9:30 a.m. in Courtroom 21−D, United States Courthouse, 500 Pearl Street, New York, New York. The Court will hold a telephone conference on July 24 at 5:00 p.m. to discuss the status of the parties' negotiations and what submissions should be made to the Court in preparation for the August 6 conference. Discovery remains stayed except as discussed during the telephone conference. SO ORDERED.( Settlement Conference set for 8/6/2013 at 09:30 AM in Courtroom 21D, 500 Pearl Street, New

Case: 1:11-cv-176 As of: 03/04/2015 09:52 PM EST 31 of 40

06/24/2013
07/09/2013 07/09/2013 07/17/2013
07/24/2013 08/06/2013 08/07/2013
09/06/2013
09/06/2013
09/17/2013

York, NY 10007 before Magistrate Judge James L. Cott., Telephone Conference set for 7/24/2013 at 05:00 PM before Magistrate Judge James L. Cott.) (Signed by Magistrate Judge James L. Cott on 5/31/2013) (ama) (Entered: 05/31/2013)
159 ORDER for 155 Report and Recommendations, 136 Motion for Miscellaneous Relief filed by Martin Hodge. On March 29, 2013, Magistrate Judge Cott issued a Report and Recommendation denying non−party Martin Hodge's ("Hodge") motion to intervene [dkt no, 136]. Objections to that Report and Recommendation were due on April 12, 2013. Having received no objections and finding Judge Cott's decision to be correct and appropriate upon de novo review, see Fed. R. Civ. P. 72(b), his Report and Recommendation is hereby ADOPTED. (See Order). (Signed by Judge Loretta A. Preska on 6/13/2013) (ja) (Entered: 06/24/2013)
160 MOTION for Temporary Restraining Order and MOTION for Preliminary Injunction to direct defendants to provide me with needed and previously approved accomodating devices as set forth herein. Document filed by Anthony Medina.(djc) (Entered: 07/17/2013)
161 LETTER addressed to Judge Loretta A. Preska from Anthony Medina dated 7/5/2013 re: requests the Court's immediate intervention to stop the retaliatory deprivations pursuant to previously Motion for a temporary restraining order and preliminary order. Document filed by Anthony Medina.(djc) (Entered: 07/17/2013)
162 ENDORSED LETTER addressed to Judge Loretta A. Preska from Eric Alan Stone dated 7/15/2013 re: We represent plaintiffs in the above−captioned action. I write regarding Mr. Medina's June 30 and July 5 submissions to the Court. Mr. Medina has authorized me to represent to the Court that (i) he wishes to withdraw both submissions without prejudice, and (ii) he will submit any further requests to the Court only through counsel. ENDORSEMENT: Docket numbers 160 &161 are withdrawn. (Signed by Judge Loretta A. Preska on 7/16/2013) (djc) (Entered: 07/17/2013)
Minute Entry for proceedings held before Magistrate Judge James L. Cott: Telephone Conference held on 7/24/2013. (rjm) (Entered: 08/08/2013)
Minute Entry for proceedings held before Magistrate Judge James L. Cott: Settlement Conference held on 8/6/2013. (Tam, David) (Entered: 08/15/2013)
163 ORDER: The Court shall hold a continued settlement conference on September 17, 2013 at 9:30 a.m., in Courtroom 21−D, United States Courthouse, 500 Pearl Street, New York, New York. Discovery remains stayed until further order of the Court. SO ORDERED.( Settlement Conference set for 9/17/2013 at 09:30 AM in Courtroom 21D, 500 Pearl Street, New York, NY 10007 before Magistrate Judge James L. Cott.) (Signed by Magistrate Judge James L. Cott on 8/07/2013) (ama) (Entered: 08/07/2013)
164 TRANSCRIPT of Proceedings re: CONFERENCE held on 9/6/2012 before Magistrate Judge James L. Cott. Court Reporter/Transcriber: Denise Richards, (212) 805−0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 9/30/2013. Redacted Transcript Deadline set for 10/10/2013. Release of Transcript Restriction set for 12/9/2013.(Rodriguez, Somari) (Entered: 09/06/2013)
165 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERENCE proceeding held on 9/6/12 has been filed by the court reporter/transcriber in the above−captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...(Rodriguez, Somari) (Entered: 09/06/2013)
Minute Entry for proceedings held before Magistrate Judge James L. Cott: Settlement Conference held on 9/17/2013. (Tam, David) (Entered: 09/18/2013)

Case: 1:11-cv-176 As of: 03/04/2015 09:52 PM EST 32 of 40

09/18/2013
11/08/2013 11/12/2013
11/22/2013 11/25/2013 12/11/2013 12/20/2013 12/20/2013 02/14/2014 02/19/2014 02/19/2014

166 ORDER: The Court shall hold a continued settlement conference on November 8, 2013 at 9:30 a.m., in Courtroom 21−D, United States Courthouse, 500 Pearl Street, New York, New York. As discussed on at the conference on September 17, 2013, the parties shall make a submission to the Court by November 4, 2013.SO ORDERED. ( Settlement Conference set for 11/8/2013 at 09:30 AM in Courtroom 21D, 500 Pearl Street, New York, NY 10007 before Magistrate Judge James L. Cott.) (Signed by Magistrate Judge James L. Cott on 9/18/2013) (ama) (Entered: 09/18/2013)
Minute Entry for proceedings held before Magistrate Judge James L. Cott: Continued Settlement Conference held on 11/8/2013. (Tam, David) (Entered: 11/12/2013)
167 ORDER: The Court shall hold a continued settlement conference on November 22, 2013 at 9:30 a.m., in Courtroom 21−D, United States Courthouse, 500 Pearl Street, New York, New York. As discussed on at the conference on November 8, 2013, the parties shall make a further submission to the Court by 5:00 p.m. on November 21, 2013. SO ORDERED. ( Settlement Conference set for 11/22/2013 at 09:30 AM in Courtroom 21D, 500 Pearl Street, New York, NY 10007 before Magistrate Judge James L. Cott.) (Signed by Magistrate Judge James L. Cott on 11/12/2013) (ama) (Entered: 11/12/2013)
Minute Entry for proceedings held before Magistrate Judge James L. Cott: Continued Settlement Conference held on 11/22/2013. (Tam, David) (Entered: 11/25/2013)
168 ORDER: Settlement Conference set for 12/11/2013 at 09:30 AM in Courtroom 21D, 500 Pearl Street, New York, NY 10007 before Magistrate Judge James L. Cott. As discussed at the conference on November 22, 2013, the parties shall make a further submission to the Court by 5:00 p.m. on December 10, 2013. (Signed by Magistrate Judge James L. Cott on 11/25/2013) (cd) (Entered: 11/25/2013)
Minute Entry for proceedings held before Magistrate Judge James L. Cott: Settlement Conference held on 12/11/2013. (Tam, David) (Entered: 12/11/2013)
169 LETTER addressed to Magistrate Judge James L. Cott from Eric Alan Stone dated December 20, 2013 re: Joint Proposed Schedule. Document filed by James Colantuono, Kelvin Curran, Warren Davis, Kevin Jones, Peter Lopez, Anthony Medina, Christopher Morrishaw, Michael Smith.(Stone, Eric) (Entered: 12/20/2013)
170 MEMO ENDORSEMENT on re: 169 Letter, filed by Christopher Morrishaw, James Colantuono, Peter Lopez, Michael Smith, Warren Davis, Anthony Medina, Kevin Jones, Kelvin Curran. ENDORSEMENT: The proposed schedule is approved. SO ORDERED. (Fairness Hearing set for 4/21/2014 at 10:00 AM before Magistrate Judge James L. Cott.), (Motions due by 2/28/2014.) (Signed by Magistrate Judge James L. Cott on 12/20/2013) (ja) (Entered: 12/23/2013)
171 STIPULATION AND SCHEDULING ORDER: NOW THEREFORE, the parties hereby STIPULATE and AGREE as follows: The deadline for execution of the settlement agreement shall be, and hereby is, extended to February 28, 2014. The other deadlines in the Scheduling Order entered December 20, 2013 will remain the same. SO ORDERED. (Signed by Magistrate Judge James L. Cott on 2/14/2014) (ama) (Entered: 02/14/2014)
172 LETTER addressed to Magistrate Judge James L. Cott, from Anthony Medina, dated 2/12/2014, re: I am the lead plaintiff in the above referenced action. The parties have agreed to settle the case and are now waiting for this Court to approve the settlement... I request that Your Honor intervene in the aforementioned light problem. Your Honor's time and attention is appreciated. Document filed by Anthony Medina.(ja) Modified on 2/20/2014 (ja). (Entered: 02/20/2014)
173 ORDER re: 172 Letter, filed by Anthony Medina. The Court has received a letter dated February 12, 2014 from plaintiff Anthony Medina seeking the Court's intervention with respect to certain conditions of his confinement at the Eastern Correctional Facility. It does not appear from the letter that counsel for either plaintiffs or defendants were copied on this correspondence. Accordingly, the Court will docket the letter so that it is immediately available to counsel. Counsel

Case: 1:11-cv-176 As of: 03/04/2015 09:52 PM EST 33 of 40

02/28/2014 02/28/2014 02/28/2014 02/28/2014 02/28/2014 02/28/2014 02/28/2014
03/03/2014 03/04/2014

are directed to meet and confer about the request set forth in the letter to see whether it can be resolved and then to provide the Court with a response to the letter by February 28, 2014. SO ORDERED. (Signed by Magistrate Judge James L. Cott on 2/19/2014) Copies Sent By Chambers. (ja) (Entered: 02/20/2014)
174 DOCUMENT REFERRED TO JUDGE FOR APPROVAL − STIPULATION OF VOLUNTARY DISMISSAL It is hereby stipulated and agreed by and between the parties and/or their respective counsel(s) that the above−captioned action is voluntarily dismissed, with prejudice against the defendant(s) All Defendants pursuant to Rule 41(a)(1)(A)(ii) of the Federal Rules of Civil Procedure. Document filed by Christopher Morrishaw.(Stone, Eric) Modified on 3/3/2014 (jno). (Entered: 02/28/2014)
175 JOINT MOTION to Certify Class in Connection with Settlement, Appointment of Class Representatives and Class Counsel, Preliminary Approval of the Parties' Private Settlement Agreement, and Approval of Notice to Class Members. Document filed by Kelvin Curran, Warren Davis, Kevin Jones, Peter Lopez, Anthony Medina, Michael Smith.(Stone, Eric) (Entered: 02/28/2014)
176 DECLARATION of Eric Alan Stone in Support re: 175 JOINT MOTION to Certify Class in Connection with Settlement, Appointment of Class Representatives and Class Counsel, Preliminary Approval of the Parties' Private Settlement Agreement, and Approval of Notice to Class Members.. Document filed by Kelvin Curran, Warren Davis, Kevin Jones, Peter Lopez, Anthony Medina, Michael Smith. (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)(Stone, Eric) (Entered: 02/28/2014)
177 DECLARATION of Daniel J. Kramer in Support re: 175 JOINT MOTION to Certify Class in Connection with Settlement, Appointment of Class Representatives and Class Counsel, Preliminary Approval of the Parties' Private Settlement Agreement, and Approval of Notice to Class Members.. Document filed by Kelvin Curran, Warren Davis, Kevin Jones, Peter Lopez, Anthony Medina, Michael Smith. (Stone, Eric) (Entered: 02/28/2014)
178 DECLARATION of John Boston in Support re: 175 JOINT MOTION to Certify Class in Connection with Settlement, Appointment of Class Representatives and Class Counsel, Preliminary Approval of the Parties' Private Settlement Agreement, and Approval of Notice to Class Members.. Document filed by Kelvin Curran, Warren Davis, Kevin Jones, Peter Lopez, Anthony Medina, Michael Smith. (Stone, Eric) (Entered: 02/28/2014)
179 MEMORANDUM OF LAW in Support re: 175 JOINT MOTION to Certify Class in Connection with Settlement, Appointment of Class Representatives and Class Counsel, Preliminary Approval of the Parties' Private Settlement Agreement, and Approval of Notice to Class Members.. Document filed by Kelvin Curran, Warren Davis, Kevin Jones, Peter Lopez, Anthony Medina, Michael Smith. (Stone, Eric) (Entered: 02/28/2014)
180 MEMORANDUM OF LAW in Support re: 175 JOINT MOTION to Certify Class in Connection with Settlement, Appointment of Class Representatives and Class Counsel, Preliminary Approval of the Parties' Private Settlement Agreement, and Approval of Notice to Class Members.. Document filed by Dale Artus, Lucy Buther(ADA Coordinator of the New York State Department of Corrections and Community Services), Karen Crowley, Darrowd Cunningham, Brian Fischer(Commissioner of the New York State Department of Corrections and Community Services), Patrick J. Griffin, Christopher Karson, The New York State Department of Corrections and Community Services. (Wen, Frederick) (Entered: 02/28/2014)
***NOTE TO ATTORNEY − DOCUMENT REFERRED TO JUDGE FOR APPROVAL. Note to Attorney Eric Stone Document 174 Stipulation of Voluntary Dismissal, was referred to Judge Loretta A. Preska for approval. (jno) (Entered: 03/03/2014)
181 LETTER addressed to Magistrate Judge James L. Cott from Eric Alan Stone dated 2/28/2014 re: I am pleased to report, on behalf of all parties, that we have executed

Case: 1:11-cv-176 As of: 03/04/2015 09:52 PM EST 34 of 40

03/04/2014
03/14/2014 03/14/2014 03/19/2014 03/20/2014

the parties' Private Settlement Agreement and agreed upon papers in support of class certification. (ama) (Entered: 03/04/2014)
182 ORDER CERTIFYING SETTLEMENT CLASS, APPOINTING CLASS REPRESENTATIVES AND CLASS COUNSEL, PRELIMINARILY APPROVING THE PARTIES' PRIVATE SETTLEMENT AGREEMENT, AND PROVIDING FOR NOTICE TO CLASS MEMBERS: re: 175 JOINT MOTION to Certify Class in Connection with Settlement, Appointment of Class Representatives and Class Counsel, Preliminary Approval of the Parties' Private Settlement Agreement, and Approval of Notice to Class Members filed by Michael Smith, Warren Davis, Anthony Medina, Kelvin Curran, Kevin Jones, Peter Lopez. NOW THEREFORE, IT IS HEREBY ORDERED: The Court hereby certifies the Action as a class action pursuant to Rules 23(a) and 23(b )(2) of the Federal Rules of Civil Procedure, for the purposes of the settlement set forth in the proposed Private Settlement Agreement and for no other purpose. The Court hereby certifies the Class consisting of all Legally Blind and Severely Visually Impaired prisoners who are incarcerated at Sullivan or Wende or who become incarcerated at Sullivan or Wende during the duration of the Private Settlement Agreement. The foregoing Class is certified for the purposes of the settlement set forth in the proposed Private Settlement Agreement and for no other purpose. The Court appoints Plaintiffs' Counsel as counsel for the Class pursuant to Rule 23(g) of the Federal Rules of Civil Procedure. The Court will hold a Fairness Hearing on April 21, 2014 at 10:00 a.m. at the United States District Court for the Southern District of New York, 500 Pearl Street, New York, New York, in Courtroom 21−D. In determining whether the settlement is fair, reasonable, and adequate, the Court will consider any objections sent before April 8, 2014. The parties will have until April 15, 2014 to submit any additional papers in support of final approval of the Private Settlement Agreement, and/or in response to any objections that may be submitted to the Court. In light of this Order, the Clerk is directed to close the Joint Motion (Dkt. No. 175). SO ORDERED., ( Fairness Hearing set for 4/21/2014 at 10:00 AM in Courtroom 21D, 500 Pearl Street, New York, NY 10007 before Magistrate Judge James L. Cott.) (Signed by Magistrate Judge James L. Cott on 3/04/2014) (ama) (Entered: 03/04/2014)
183 LETTER addressed to Magistrate Judge James L. Cott from Anthony Medina dated 3/5/2014 re: Your Honor's help in ensuring that plaintiff's disability accommodations are fully restored, namely the dimming of the cell's light, is greatly appreciated. Document filed by Anthony Medina. (tn) (Entered: 03/14/2014)
184 ORDER: Accordingly, the Court will docket the letter so that it is immediately available to counsel. Counsel are directed to meet and confer about the issue set forth in the March 5 letter to see whether it can be resolved and then to provide the Court with a response to the letter as well as to the February 12 letter by March 28, 2014. (Signed by Magistrate Judge James L. Cott on 3/14/2014) Copies Mailed By Chambers. (tn) (Entered: 03/14/2014)
185 CONSENT TO JURISDICTION BY A US MAGISTRATE JUDGE by Lucy Buther(ADA Coordinator of the New York State Department of Corrections and Community Services), Karen Crowley, Darrowd Cunningham, Kelvin Curran, Warren Davis, Patrick J. Griffin, Kevin Jones, Christopher Karson, Peter Lopez, Anthony Medina, Michael Smith, The New York State Department of Corrections and Community Services. (Case No Longer Referred to Magistrate Judge) CASE ASSIGNED to Magistrate Judge James L. Cott. (Signed by Judge Loretta A. Preska on 3/12/2014) (djc) (Entered: 03/19/2014)
186 ORDER REFERRING A CIVIL ACTION TO UNITED STATES MAGISTRATE JUDGE JAMES L. COTT: IT IS ORDERED: This case is referred to United States Magistrate Judge James L Cott to conduct the fairness hearing in the above−captioned action, currently scheduled for April 21, 2014; for all steps necessary to certify the class and to effectuate the Private Settlement Agreement, including entering a final judgment and order of dismissal with prejudice; and for any mediation proceedings pursuant to the parties' proposed Private Settlement Agreement. (Signed by Judge Loretta A. Preska on 3/6/2014) (ft) (Entered: 03/20/2014)

Case: 1:11-cv-176 As of: 03/04/2015 09:52 PM EST 35 of 40

03/20/2014 04/01/2014 04/01/2014
04/04/2014 04/08/2014 04/08/2014 04/10/2014 04/10/2014
04/10/2014 04/10/2014 04/15/2014

187 ORDER REFERRING CASE TO MAGISTRATE JUDGE. Order that case be referred to the Clerk of Court for assignment to a Magistrate Judge for Consent under 28 U.S.C. 636(c) for all purposes (including trial). Referred to James L. Cott. (Signed by Judge Loretta A. Preska on 3/19/2014) (tro) (Entered: 03/20/2014)
188 LETTER addressed to Magistrate Judge James L. Cott from Kevin Jones, dated 3/24/2014, re: response to the private agreement settlement that's pending before your court. Document filed by Kevin Jones.(ja) (Entered: 04/01/2014)
189 ORDER: The Court has received a letter dated March 24, 2014 from plaintiff Kevin Jones lodging objections to the proposed settlement of this lawsuit. It is not clear whether counsel for the parties received a copy of Mr. Jones' letter. Accordingly, the Court is docketing Mr. Jones' letter so that it is immediately available to counsel. Per the Court's March 4 Order (Dkt. No. 182), the parties have until April 15 to respond to any objections made to the proposed settlement. SO ORDERED. (Signed by Magistrate Judge James L. Cott on 4/1/2014) Copies Sent By Chambers. (ja) (Entered: 04/01/2014)
190 LETTER addressed to Magistrate Judge James L. Cott from Eric Alan Stone dated April 4, 2014 re: March 14, 2014 Order. Document filed by Anthony Medina.(Stone, Eric) (Entered: 04/04/2014)
191 LETTER addressed to Magistrate Judge James L. Cott from Mr. Charles Washington, dated 4/2/2014, re: Response to Settlement Agreement. (ja) (Entered: 04/08/2014)
192 LETTER addressed to Magistrate Judge James L. Cott from Anthony Medina, dated 4/1/2014, re: The Parties have reached a settlement agreement, subject to the Court's approval. Document filed by Anthony Medina.(ja) (Entered: 04/08/2014)
193 LETTER addressed to Magistrate Judge James L. Cott, from Jabbar Campbell, dated 4/6/2014, re: Response to Settlement Agreement − Formal Response. (ja) (Entered: 04/10/2014)
194 LETTER addressed to Magistrate Judge James L. Cott, from Christopher R. Paga'n, dated 4/3/2014, re: Reasons for objection(s) within the Interest of Justice to "Private Settlement Agreement" 11 Civ. 176 (LAP)(JLC). (ja) "As per Chambers, only one page of letter received from sender." Modified on 4/11/2014 (ja). (Entered: 04/11/2014)
195 LETTER addressed to Magistrate Judge James L. Cott from Mr. Charles Washington, dated 4/7/2014, re: writing to you once again to request that you give us more time to respond to you with our concerns about the Settlement Agreement. (ja) (Entered: 04/11/2014)
202 LETTER addressed to Magistrate Judge James L. Cott from Leroy Johnson dated 4/3/2014 re: specific objections to proposed settlement agreement. Document filed by Kevin Jones.(tn) (Entered: 04/17/2014)
196 ORDER REGARDING SUPPLEMENTAL NOTICE TO THE CLASS: NOW THEREFORE, IT IS HEREBY ORDERED: As promptly as possible and in any event not later than seven (7) calendar days after the entry of this Order, the New York State Department of Corrections and Community Supervision ("DOCCS") shall provide each class member housed at Wende with a copy of Exhibit A to this Order, outlining the procedure for requesting an extension of the April 8 deadline and submitting their objection. Any class member at Wende who was not able to meet the deadline of April 8, 2014 for sending objections to the Private Settlement Agreement shall send a letter to the Court in accordance with the procedures outlined in Exhibit A (a) explaining why he could not contact the Court within the prescribed time period set forth in the Court's March 4 Order and (b) setting forth any such objections. Such class member shall postmark that letter not later than the date entered by the Court in Exhibit A, which shall be fourteen (14) calendar days after the entry of this Order. If any class Member at Wende needs assistance reading Exhibit A because of his visual disability, DOCCS shall provide such class member with reasonable accommodations sufficient to allow that class member to understand the document not later than eight (8) calendar days after the entry of this Order. The Court shall consider the reason(s) set forth in any such letter as to why the class member was not able to contact the Court within the prescribed

Case: 1:11-cv-176 As of: 03/04/2015 09:52 PM EST 36 of 40

04/15/2014 04/15/2014
04/15/2014
04/16/2014
04/16/2014
04/18/2014 04/21/2014 04/21/2014 04/21/2014

period of time and if the Court determines, in its discretion, that an extension to the April 8, 2014 deadline is warranted as to that class member, the Court shall consider such class member's objection to the Private Settlement Agreement. SO ORDERED. (Signed by Magistrate Judge James L. Cott on 4/15/2014) (ja) (Entered: 04/15/2014)
197 LETTER addressed to Magistrate Judge James L. Cott from Eric Alan Stone dated April 15, 2014 re: Response to Objections and in Further Support of the Parties Private Settlement Agreement. Document filed by Anthony Medina.(Stone, Eric) (Entered: 04/15/2014)
198 OPPOSITION BRIEF re: 188 Letter, 195 Letter, 194 Letter, 191 Letter, 193 Letter to Class Member Objections. Document filed by Dale Artus, Lucy Buther(ADA Coordinator of the New York State Department of Corrections and Community Services), Karen Crowley, Darrowd Cunningham, Brian Fischer(Commissioner of the New York State Department of Corrections and Community Services), Patrick J. Griffin, Christopher Karson, The New York State Department of Corrections and Community Services.(Wen, Frederick) (Entered: 04/15/2014)
199 DECLARATION of Frederick H. Wen in Support re: 198 Opposition Brief,,. Document filed by Dale Artus, Lucy Buther(ADA Coordinator of the New York State Department of Corrections and Community Services), Karen Crowley, Darrowd Cunningham, Brian Fischer(Commissioner of the New York State Department of Corrections and Community Services), Patrick J. Griffin, Christopher Karson, The New York State Department of Corrections and Community Services. (Wen, Frederick) (Entered: 04/15/2014)
200 LETTER addressed to Magistrate Judge James L. Cott from Daniel Schulze dated April 16, 2014 re: Provision of Notice to US Attorney General Pursuant to 28 USC 1715. Document filed by Dale Artus, Lucy Buther(ADA Coordinator of the New York State Department of Corrections and Community Services), Karen Crowley, Darrowd Cunningham, Brian Fischer(Commissioner of the New York State Department of Corrections and Community Services), Patrick J. Griffin, Christopher Karson, The New York State Department of Corrections and Community Services.(Schulze, Daniel) (Entered: 04/16/2014)
201 NOTICE of Service of Proposed Class Action Settlement Upon U.S. Attorney General Pursuant to 28 USC 1715. Document filed by Dale Artus, Lucy Buther(ADA Coordinator of the New York State Department of Corrections and Community Services), Karen Crowley, Darrowd Cunningham, Brian Fischer(Commissioner of the New York State Department of Corrections and Community Services), Patrick J. Griffin, Christopher Karson, The New York State Department of Corrections and Community Services. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C)(Schulze, Daniel) (Entered: 04/16/2014)
203 NOTICE OF APPEARANCE by Katherine Dolores Kelly on behalf of Kelvin Curran, Warren Davis, Peter Lopez, Anthony Medina, Michael Smith. (Kelly, Katherine) (Entered: 04/18/2014)
Minute Entry for proceedings held before Magistrate Judge James L. Cott: Fairness Hearing held on 4/21/2014. (Tam, David) (Entered: 04/21/2014)
204 NOTICE OF WITHDRAWAL OF COUNSEL: PLEASE TAKE NOTICE that Daniel J. Kramer, Eric Alan Stone, John Boston, Veronica Vela and Milton Zelermyer hereby withdraw as counsel for Kevin Jones in the above−captioned matter. Attached is my declaration, in accordance with Rule 1.4 of the Local Civil Rules of the United States District Court for the Southern District of New York. Document filed by Kevin Jones. (kgo) (Entered: 04/21/2014)
205 ORDER TO RELIEVE COUNSEL re: 204 Notice filed by Kevin Jones. It is hereby ORDERED that, effective immediately, Paul, Weiss, Rifkind, Wharton &Garrison LLP and The Legal Aid Society are relieved as counsel to plaintiff Kevin Jones in the above−captioned case. SO ORDERED. ***Attorney Marisa H Lenok; Eric Alan Stone; Veronica Vela; Milton Zelermyer; John Boston and Daniel Jonathan Kramer terminated.*** (Signed by Magistrate Judge James L. Cott on 4/21/2014) (kgo) Modified on 4/21/2014 (kgo). (Entered: 04/21/2014)

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05/01/2014 05/05/2014 05/05/2014
05/08/2014
05/08/2014 05/14/2014 05/16/2014 05/22/2014
05/29/2014 06/05/2014

206 LETTER addressed to Magistrate Judge James L. Cott from Christopher Ramon Paga'n, dated 4/27/2014, re: Objects/and your help within the Interest of Justice. (ja) (Entered: 05/01/2014)
207 LETTER addressed to Magistrate Judge James L. Cott, from Anthony Medina, dated 4/29/2014, re: seeking your Honor's intervention in an urgent matter which pertains to my safety and well being and the provisions of the settlement agreement. Document filed by Anthony Medina.(ja) (Main Document 207 replaced on 5/6/2014) (ja). (Entered: 05/05/2014)
208 ORDER: The Court has received a letter dated April 29, 2014 from plaintiff Anthony Medina seeking the Court's intervention with respect to what Mr. Medina characterizes as "an urgent matter which pertains to [his] safety and well being and the provisions of the settlement agreement." It does not appear that counsel for either plaintiffs or defendants were copied on this correspondence. Accordingly, the Court will docket the letter so that it is immediately available to Counsel are directed to meet and confer about the issues set forth in the April 29 letter and then to provide the Court with a response to the letter by May 16, 2014. SO ORDERED. (Signed by Magistrate Judge James L. Cott on 5/5/2014) Copies Sent By Chambers. (ja) (Entered: 05/05/2014)
209 TRANSCRIPT of Proceedings re: CONFERENCE held on 4/21/2014 before Magistrate Judge James L. Cott. Court Reporter/Transcriber: Colette Cantoni, (212) 805−0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 6/2/2014. Redacted Transcript Deadline set for 6/12/2014. Release of Transcript Restriction set for 8/11/2014.(Rodriguez, Somari) (Entered: 05/08/2014)
210 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERENCE proceeding held on 4/21/14 has been filed by the court reporter/transcriber in the above−captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...(Rodriguez, Somari) (Entered: 05/08/2014)
211 LETTER addressed to Magistrate Judge James L. Cott from Anthony Medina dated 5/11/2014 re: Plaintiff requests that this Court ensure counsel resolve the deficiencies in the accommodations by returning him to one of the three prisons designated to house blind inmates. Document filed by Anthony Medina.(tn) (Entered: 05/14/2014)
212 LETTER addressed to Magistrate Judge James L. Cott from Eric Alan Stone dated May 16, 2014 re: Response to the Court's May 5, 2014 Order regarding the April 29, 2014 letter from Anthony Medina. Document filed by Anthony Medina.(Stone, Eric) (Entered: 05/16/2014)
213 ORDER: The Court has received a letter dated May 16, 2014 from counsel for Anthony Medina providing an update to the Court regarding a number of issues concerning Medina's conditions of confinement following the parties' meet−and−confer. It appears that some accommodations are being made while Medina is incarcerated at the Five Points Correctional Facility, while other issues remain open and unresolved. Accordingly, the Court directs the parties to provide a further update by letter no later than June 5, 2014SO ORDERED. (Signed by Magistrate Judge James L. Cott on 5/22/2014) Copies Sent By Chambers. (ja) (Entered: 05/22/2014)
214 LETTER addressed to Magistrate Judge James L. Cott from Anthony Medina, dated 5/19/2014, re: in response to my April 29, 2014 letter to this Court requesting Your Honor's intervention with receiving the accommodating device and my eyewear I rely on to see... Document filed by Anthony Medina.(ja) (Entered: 05/29/2014)
215 LETTER addressed to Magistrate Judge James L. Cott from Frederick H. Wen dated 06/5/2014 re: Meet−and−Confer Update. Document filed by Dale Artus,

Case: 1:11-cv-176 As of: 03/04/2015 09:52 PM EST 38 of 40

06/18/2014
06/19/2014
07/02/2014 07/03/2014 07/21/2014 07/22/2014

Lucy Buther(ADA Coordinator of the New York State Department of Corrections and Community Services), Karen Crowley, Darrowd Cunningham, Brian Fischer(Commissioner of the New York State Department of Corrections and Community Services), Patrick J. Griffin, Christopher Karson, The New York State Department of Corrections and Community Services.(Wen, Frederick) (Entered: 06/05/2014)
216 STIPULATION OF DISMISSAL OF PLAINTIFF COLANTUONO'S CLAIMS: that Colantuono's claims in the above−captioned action are dismissed pursuant to Rule 41(a)(1)(A)(ii); the dismissal of Colantuono's claims provided for in paragraph 1 of this Stipulation is with prejudice provided, however, that if (a) the Private Settlement Agreement is effectuated so as to afford relief or benefits to a class of LB/SVI prisoners housed at Sullivan and/or Wende, (b) Colantuono is once again incarcerated at Sullivan or Wende during a time that class−wide relief or benefits under the Private Settlement Agreement are available to LB/SVI prisoners housed there, and (c) Colantuono meets the requirements for membership in the class of prisoners entitled to relief, then Colantuono shall be entitled to participate in the afforded relief and/or benefits as a member of the class. (Signed by Magistrate Judge James L. Cott on 6/18/2014) (tn) (Entered: 06/18/2014)
217 STIPULATION OF DISMISSAL OF PLAINTIFF MORRISHAW'S CLAIMS: Morrishaw's claims in the above−captioned action are dismissed pursuant to Rule 41(a)(1)(A)(ii); The dismissal of Morrishaw' s claims provided for in paragraph 1 of this Stipulation is with prejudice provided, however, that if (a) the Private Settlement Agreement is effectuated so as to afford relief or benefits to a class of LB/SVI prisoners housed at Sullivan and/or Wende, (b) Morrishaw is transferred to Sullivan or Wende during a time that class−wide relief or benefits under the Private Settlement Agreement are available to LB/SVI prisoners housed there, and (c) Morrishaw meets the requirements for membership in the class of prisoners entitled to relief, then Morrishaw shall be entitled to participate in the afforded relief and/or benefits as a member of the class. (Signed by Magistrate Judge James L. Cott on 6/19/2014) (tn) (Entered: 06/19/2014)
218 NOTICE of Substitution of Attorney. Old Attorney: Frederick H. Wen, New Attorney: Daniel Schulze, Address:. Document filed by Dale Artus, Lucy Buther(ADA Coordinator of the New York State Department of Corrections and Community Services), Karen Crowley, Darrowd Cunningham, Brian Fischer(Commissioner of the New York State Department of Corrections and Community Services), Patrick J. Griffin, Christopher Karson, The New York State Department of Corrections and Community Services. (Attachments: # 1 Affidavit Declaration in Support)(Wen, Frederick) (Entered: 07/02/2014)
219 MEMO ENDORSEMENT on re: 218 NOTICE OF SUBSTITUTION OF ATTORNEY, filed by Karen Crowley, The New York State Department of Corrections and Community Services, Christopher Karson, Lucy Buther, Dale Artus, Patrick J. Griffin, Brian Fischer, Darrowd Cunningham. ENDORSEMENT: SO ORDERED. (Signed by Magistrate Judge James L. Cott on 7/3/2014) (ja) (Entered: 07/03/2014)
220 LETTER addressed to Magistrate Judge James L. Cott from Eric Alan Stone dated July 21, 2014 re: CAFA notice period. Document filed by Anthony Medina.(Stone, Eric) (Entered: 07/21/2014)
221 ORDER: The Court issued an order on April 15, 2014 giving any class member at Wende Correctional Facility who was not able to meet the original court deadline until April 29, 2014 to submit any objections to the Private Settlement Agreement to the Court. The Court thereafter received objections from one inmate, Christopher Paga'n, in several installments, which have been docketed. Nothing in these submissions alters the Court's conclusion that the Private Settlement Agreement between the parties is, in all respects, fair, reasonable, and adequate. The Court previously addressed many of the issues identified in Mr. Paga'n's submissions, or they otherwise raise individualized concerns that are beyond the scope of the present lawsuit and the Private Settlement Agreement. Counsel for Plaintiffs is directed to provide a copy of this Order to Mr. Paga'n. SO ORDERED. (Signed by Magistrate Judge James L. Cott on 7/22/2014) (kgo) (Entered: 07/22/2014)

Case: 1:11-cv-176 As of: 03/04/2015 09:52 PM EST 39 of 40

07/22/2014 07/22/2014
07/22/2014 09/05/2014 09/05/2014
09/19/2014 09/23/2014
09/23/2014

222 LETTER addressed to Magistrate Judge James L. Cott from Christopher R. Paga'n, dated 4/3/2014, re: Reasons for Objection(s) within the Interest of Justice to "Private Settlement Agreement" 11 Civ. 176 (LAP)(JLC) (ja) Modified on 7/23/2014 (ja). (Entered: 07/23/2014)
223 FINAL JUDGMENT AND ORDER OF DISMISSAL WITH PREJUDICE:.. the Court having considered all papers filed, including the objections filed following the Fairness Hearing, and good cause having been shown, IT IS HEREBY ORDERED: Defined Terms: For purposes of this Final Judgment and Order of Dismissal with Prejudice, the Court holds that any capitalized terms used herein and not defined should be construed consistent with the definitions set forth in the Private Settlement Agreement. Approval of Settlement: Pursuant to Federal Rule of Civil Procedure 23, the Court approves the settlement set forth in the Private Settlement Agreement and finds that the Private Settlement Agreement is, in all respects, fair, reasonable, and adequate... The Court hereby finds that each element for final certification of the Class is met. The above−captioned Action is dismissed with prejudice. The Parties are to bear their own costs, except as otherwise provided in the Private Settlement Agreement... SO ORDERED. (Signed by Magistrate Judge James L. Cott on 7/22/2014) (Attachments: # 1 Appendix, # 2 Appendix)(ja) (Entered: 07/23/2014)
Terminate Transcript Deadlines (ja) (Entered: 07/23/2014)
224 LETTER addressed to Magistrate Judge James L. Cott from Anthony Medina dated 9/1/2014 re: I write seeking your Honor's intervention in matters supposedly resolved in the settlement reached by the parties. Document filed by Anthony Medina.(kgo) Modified on 9/8/2014 (kgo). (Entered: 09/08/2014)
225 ORDER: The Court has received a letter dated September 1, 2014 from plaintiff Anthony Medina seeking the Court's intervention with respect to what Mr. Medina characterizes as "matters supposedly resolved in the settlement reached by the parties." It does not appear that counsel for either plaintiffs or defendants were copied on this correspondence. Accordingly, the Court will docket the letter so that it is immediately available to counsel. Counsel are directed to meet and confer about the issues set forth in the September 1 letter and then to provide the Court with a response to the letter by September 19, 2014. In their response, the parties should also address whether the Court has jurisdiction over Mr. Medina's ongoing concerns about his placement at Five Points Correctional Facility. (Signed by Magistrate Judge James L. Cott on 9/5/2014) Copies Sent By Chambers. (kgo) (Entered: 09/08/2014)
226 LETTER addressed to Magistrate Judge James L. Cott from Daniel Schulze dated September 19, 2014 re: Report of the Parties' Meet and Confer Regarding Mr. Medina's Sep. 1 Letter. Document filed by The New York State Department of Corrections and Community Services.(Schulze, Daniel) (Entered: 09/19/2014)
227 ORDER: The Court is in receipt of a letter dated September 19, 2014 from Defendants' counsel on behalf of all parties (Dkt. No. 226), responding to the Court's direction to meet and confer regarding Plaintiff Anthony Medina's September 1, 2014 letter (Dkt. No. 224). The Court expects that it will continue to receive such letters from individuals affected by the PSA who will be seeking various forms of relief from the Court. The Court intends to docket these letters (including Mr. Rivera's) on ECF for the parties' review, given that they may be relevant to any potential claims of non−compliance with the terms of the PSA. The Court will also send a letter to each individual who writes to the Court, explaining that since the case has been resolved, the Court's continuing jurisdiction is limited to conducting the non−binding mediation proceeding provided for in the PSA, and encouraging the individual to seek further remedies through the administrative processes of the prison and, failing that, any legal remedies that they deem appropriate. (Signed by Magistrate Judge James L. Cott on 9/23/2014) Copies Sent By Chambers. (kgo) (Entered: 09/23/2014)
228 LETTER addressed to Magistrate Judge James L. Cott from John P. Rivera dated 9/13/2014 re: I ask that I be considered for any form of assistance that could bring me some degree of relief so that I for one, may receive that was is afforded to those that suffer from these same conditions, reasonable accommodations. (kgo) (Entered: 09/23/2014)

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10/02/2014 10/02/2014 01/16/2015

229 LETTER addressed to Magistrate Judge James L. Cott from John P. Rivera dated 9/19/2014 re: This is my second letter that I am writing to your chambers regarding the treatment and deliberate indifference that I have been receiving at this facility, Wende CF. (kgo) (Entered: 10/02/2014)
230 LETTER addressed to Magistrate Judge James L. Cott from Armando Colon dated 9/26/2014 re: This letter is to inform you of the failure by Darrow Cunningham, Deputy Superintendent of Programs at Sullivan Correctional Facility to comply with the Private Settlement Agreement of Medina v. Fischer. (kgo) (Entered: 10/02/2014)
231 LETTER addressed to Magistrate Judge James L. Cott from Armando Colon dated 1/10/2014 re: Request for investigation of inmate complaint. (ajs) (Entered: 01/16/2015)