Case 9:15-cv-01205-GTS-TWD Document 1 Filed 10/07/15 Page 1 of 16

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK ________________________________________________
ADAM CORRIS,
Plaintiff,
-against-
CARL KOENIGSMANN, M.D., Chief Medical Officer, Department of Corrections and Community Supervision, ROBERT KASULKE, M.D., Facility Health Services Director, Gouverneur Correctional Facility, BRIAN CONNELLY, M.D., Bare Hill Correctional Facility, VIJAY KUMAR MANDALAYWALA, M.D., Facility Health Services Director, Upstate Correctional Facility, MICHAEL SEIDMAN, M.D., Facility Health Services Director, Riverview Correctional Facility, JON MILLER, M.D., Facility Health Services Director, Coxsackie Correctional Facility, AMANDA RUPERT, R.N., Infection Control Nurse, SHERRY BURKE, R.N., Gouverneur Correctional Facility,
Defendants. ________________________________________________

9:15-CV-1205 COMPLAINT

Case 9:15-cv-01205-GTS-TWD Document 1 Filed 10/07/15 Page 2 of 16
PRELIMINARY STATEMENT 1. This is a civil rights action by a state prison inmate, pursuant to 42 U.S.C. §1983. Plaintiff seeks injunctive and declaratory relief, as well as compensatory and punitive damages for defendants’ deliberate indifference to plaintiff’s serious medical needs. This action arises from defendants’ failure to provide appropriate care and treatment for plaintiff’s Hepatitis C. As a result of defendants’ actions, plaintiff suffered, and continues to suffer, serious injury and harm, needless pain and suffering, and mental and emotional distress. The defendants’ actions, as alleged herein, violated plaintiff’s rights under the 8th and 14th Amendments of the United States Constitution.
JURISDICTION 2. This court has jurisdiction of plaintiff's federal claims pursuant to 28 U.S.C. §§ 1331, 1343(a)(3) and (4). 3. Remedies are sought under 42 U.S.C. §§ 1983 and 1988 for violations of plaintiff’s rights under the Constitution of the United States. 4. Venue is proper because the events at issue occurred in the Northern District of New York. 28 U.S.C. § 1391(a)(2).
PARTIES 5. Plaintiff ADAM CORRIS is a citizen of the United States, presently in the custody of the New York State Department of Corrections and Community Supervision (hereinafter "DOCCS") at Gouverneur Correctional Facility (hereinafter “Gouverneur”), in Gouverneur, New York. He was on the dates and times hereinafter mentioned, also confined at Bare Hill Correctional Facility (hereinafter “Bare Hill”) in Malone, New York, Upstate
1

Case 9:15-cv-01205-GTS-TWD Document 1 Filed 10/07/15 Page 3 of 16
Correctional Facility (hereinafter “Upstate) in Malone, New York, Riverview Correctional Facility (hereinafter “Riverview”) in Ogdensburg, New York, and Coxsackie Correctional Facility (hereinafter “Coxsackie”) in Coxsackie, New York.
6. Defendant CARL KOENIGSMANN, M.D., is and was on the dates and times hereinafter mentioned, employed as the Chief Medical Officer for DOCCS in Albany, NY. He is the final arbiter of DOCCS’ medical policies and was directly and personally involved in decisions concerning plaintiff’s medical care. Defendant failed to provide necessary and timely medical care and treatment for plaintiff’s known serious medical needs and continues to deny such treatment. Defendant is a person under 42 U.S.C. § 1983, at all times acted under color of law, and is sued in his official and individual capacity.
7. Defendant ROBERT KASULKE, M.D., is and was on the dates and times hereinafter mentioned, employed as a physician and the Facility Health Services Director (hereinafter “FHSD”) at Gouverneur. As FHSD, defendant KASULKE is the chief medical officer at Gouverneur and was directly and personally involved in decisions concerning plaintiff’s medical care. Defendant KASULKE is also charged with ensuring the provision of necessary and appropriate medical care for all inmates at Gouverneur in a timely manner. Defendant failed to provide necessary and timely medical care and treatment for plaintiff’s known serious medical needs and continues to deny such treatment. Defendant is a person under 42 U.S.C. § 1983, at all times acted under color of law, and is sued in his official and individual capacity.
8. Defendant BRIAN CONNELLY, M.D., is and was on the dates and times hereinafter mentioned, employed as a physician and the FHSD at Bare Hill. As FHSD, defendant
2

Case 9:15-cv-01205-GTS-TWD Document 1 Filed 10/07/15 Page 4 of 16
CONNELLY is the chief medical officer at Bare Hill and was directly and personally involved in decisions concerning plaintiff’s medical care. Defendant CONNELLY is also charged with ensuring the provision of necessary and appropriate medical care for all inmates at Bare Hill in a timely manner. Defendant failed to provide necessary and timely medical care and treatment for plaintiff’s known serious medical needs. Defendant is a person under 42 U.S.C. § 1983, at all times acted under color of law, and is sued in his official and individual capacity.
9. Defendant VIJAY KUMAR MANDALAYWALA, M.D., is and was on the dates and times hereinafter mentioned, employed as a physician and the FHSD at Upstate. As FHSD, defendant MANDALAYWALA is the chief medical officer at Upstate and was directly and personally involved in decisions concerning plaintiff’s medical care. Defendant MANDALAYWALA is also charged with ensuring the provision of necessary and appropriate medical care for all inmates at Upstate in a timely manner. Defendant failed to provide necessary and timely medical care and treatment for plaintiff’s known serious medical needs. Defendant is a person under 42 U.S.C. § 1983, at all times acted under color of law, and is sued in his official and individual capacity.
10. Defendant MICHAEL SEIDMAN, M.D., is and was on the dates and times hereinafter mentioned, employed as a physician and the FHSD at Riverview. As FHSD, defendant SEIDMAN is the chief medical officer at Riverview and was directly and personally involved in decisions concerning plaintiff’s medical care. Defendant SEIDMAN is also charged with ensuring the provision of necessary and appropriate medical care for all inmates at Riverview in a timely manner. Defendant failed to provide necessary and timely medical care
3

Case 9:15-cv-01205-GTS-TWD Document 1 Filed 10/07/15 Page 5 of 16
and treatment for plaintiff’s known serious medical needs. Defendant is a person under 42 U.S.C. § 1983, at all times acted under color of law, and is sued in his official and individual capacity.
11. Defendant JON MILLER, M.D., is and was on the dates and times hereinafter mentioned, employed as a physician and the FHSD at Coxsackie. As FHSD, defendant MILLER is the chief medical officer at Coxsackie and was directly and personally involved in decisions concerning plaintiff’s medical care. Defendant MILLER is also charged with ensuring the provision of necessary and appropriate medical care for all inmates at Coxsackie in a timely manner. Defendant failed to provide necessary and timely medical care and treatment for plaintiff’s known serious medical needs. Defendant is a person under 42 U.S.C. § 1983, at all times acted under color of law, and is sued in his official and individual capacity.
12. Defendant AMANDA RUPERT, R.N., is and was on the dates and times hereinafter mentioned, employed as an Infection Control Nurse (ICN) by DOCCS at both Riverview and Gouverneur. As ICN, defendant RUPERT is directly involved in plaintiff’s medical care, failed to provide necessary and timely medical care and treatment for plaintiff’s serious medical needs, and continues to deny such treatment. Defendant is a person under 42 U.S.C. § 1983, at all times acted under color of law, and is sued in her official and individual capacity.
13. Defendant SHERRY BURKE, R.N., is and was on the dates and times hereinafter mentioned, employed as a registered nurse at Gouverneur. Defendant BURKE is directly involved in plaintiff’s medical care, failed to provide necessary and timely medical care and treatment for plaintiff’s serious medical needs, and continues to deny such treatment. Defendant
4

Case 9:15-cv-01205-GTS-TWD Document 1 Filed 10/07/15 Page 6 of 16
is a person under 42 U.S.C. § 1983, at all times acted under color of law, and is sued in her official and individual capacity.
STATEMENT OF FACTS 14. On May 16, 2013, plaintiff was committed to the care and custody of DOCCS. 15. Beginning at least on July 10, 2013, laboratory blood test results reflect the presence of Hepatitis C RNA (viral load) in plaintiff. The reported levels of Hepatitis C RNA at that time were listed as “Abnormal” at 6.53, when the “Reference” number was 1.18 and under. 16. Laboratory blood test results nearly one year later, on June 19, 2014, reflected the continued and increasing presence of Hepatitis C RNA at “Abnormal” levels of 6.97, when the “Reference” number was 1.18 and under. This blood test was ordered by defendant CONNELLY at Bare Hill Correctional Facility. 17. The June 19, 2014 laboratory blood test also reflected low levels of Glucose (Abnormal at 67, with Reference between 70-99), low levels of Creatinine (Abnormal at 0.83, with Reference between 0.90-1.30), high levels of alanine aminotransferase (ALT) (Abnormal at 63, with Reference under 41), and a low Platelet count (Abnormal at 114, with Reference between 144-400). These levels are evidence of a severely damaged liver. 18. Plaintiff requested treatment for his Hepatitis C at least as early as August 22, 2014 at Bare Hill. Plaintiff’s medical records on that date state, “Req. Hep C tx [treatment] is going back to court soon and will be OOF [out of facility]. Hep C teaching re-enforced. Already sched. with MD re: same.” However, plaintiff was not seen or treated by defendant CONNELLY for his Hepatitis C at this time.
5

Case 9:15-cv-01205-GTS-TWD Document 1 Filed 10/07/15 Page 7 of 16
19. On October 23, 2014, laboratory blood tests were performed at the request of defendant CONNELLY. Those blood tests reflected, among other abnormalities, high levels of alanine aminotransferase (ALT) (Abnormal at 140, with Reference under 41), and a low Platelet count (Abnormal at 128, with Reference between 144-400). These levels are evidence of a severely damaged liver.
20. Plaintiff was sent to Albany Medical Center on or around October 30, 2014 to receive radioactive iodine ablation for his hyperthyroidism.
21. Plaintiff was admitted to the infirmary at Coxsackie on October 31, 2014 and was discharged from the infirmary on November 7, 2014. Plaintiff was not treated by defendant MILLER for his Hepatitis C during his time at Coxsackie.
22. Plaintiff’s November 13, 2014 laboratory blood test, ordered by defendant CONNELLY, reflected high levels of alanine aminotransferase (ALT) (Abnormal at 107, with Reference under 41), and high levels of aspartate aminotransferase (AST) (Abnormal at 47, with Reference under 40). These levels are evidence of a severely damaged liver.
23. Plaintiff was transferred to Upstate Correctional Facility on or around November 17, 2014. His Ambulatory Health Record (AHR) from that date states that his chronic medical problems included hyperthyroid and Hepatitis C. However, plaintiff was not treated by defendant MANDALAYWALA for his Hepatitis C during his time at Upstate Correctional Facility.
24. On January 28, 2015, plaintiff was screened pending his transfer to Riverview. The AHR from that date notes his diagnoses of hyperthyroid and Hepatitis C. However, plaintiff was not treated by defendants SEIDMAN and RUPERT for his Hepatitis C during his time at Riverview.
6

Case 9:15-cv-01205-GTS-TWD Document 1 Filed 10/07/15 Page 8 of 16
25. On February 4, 2015, plaintiff was given a urinalysis test which tested positive for buprenorphine (suboxone). Plaintiff was issued a misbehavior report for drug use. At his disciplinary hearing, ending on February 9, 2015, he was given 180 days confinement in the Special Housing Unit (SHU), as well as 180 days loss of recreation, packages, commissary, and phone privileges.
26. When a prisoner is in SHU, his/her access to programs, including alcohol or substance abuse programming, is severely restricted.
27. On February 11, 2015, the AHR reflects that plaintiff was seen by defendant RUPERT, the Infection Control Nurse (ICN) at Riverview, who noted that plaintiff was “interested in treatment.” Defendant RUPERT noted that plaintiff needed a Hepatitis A screening, fibrosure (a liver function test), and an HIV screening. Defendant RUPERT also noted that the doctor, defendant SEIDMAN would check orders for labs and would evaluate plaintiff with the results.
28. However, the following day, on February 12, 2015, plaintiff was instead transferred to Gouverneur. The AHR upon his arrival reflects the need for doctor approval for the Hepatitis A screening, fibrosure, and HIV screening. That test was not performed for over one month.
29. On March 8, 2015, plaintiff was given another urinalysis test which tested positive for buprenorphine (suboxone) and synthetic marijuana. Plaintiff was issued a misbehavior report for drug use. At his disciplinary hearing, ending March 19, 2015, he was given an additional 180 days confinement in SHU, as well as 180 days loss of recreation, packages, commissary, and phone privileges.
7

Case 9:15-cv-01205-GTS-TWD Document 1 Filed 10/07/15 Page 9 of 16
30. On March 10, 2015, plaintiff again requested to start Hepatitis C treatment. Defendant BURKE noted in plaintiff’s AHR, “He was explained that he must be drug free x 6 mo’s prior to starting Rx. He is currently in the S200 [SHU] on a drug charge.”
31. Plaintiff’s March 13, 2015 laboratory blood test, ordered by defendant KASULKE, reflected high levels of Necroinflammation ACTScore (Abnormal at 0.72, with Reference under 0.18), high levels of Alpha 2-Macroglobulins (Abnormal at 540, with Reference between 110 to 276), low levels of Haptoglobin (Abnormal at <10, with Reference between 34 to 200), low levels of Apolipoprotein A-1 (Abnormal at 106, with Reference between 110 to 180), and high levels of high levels of alanine aminotransferase (ALT) (Abnormal at 184, with Reference under 56). All of these levels are evidence of a severely damaged liver.
32. The March 13, 2015 laboratory blood test results also reflect that plaintiff had Stage F4 fibrosis (cirrhosis) and severe inflammation activity.
33. Plaintiff again asked for Hepatitis C treatment on March 26, 2015, but the AHR reflects that defendant BURKE denied treatment, writing, “For the 2nd time he was explained per policy he must be drug free x 6 mo’s.”
34. Plaintiff’s AHR from April 5, 2015 states that plaintiff’s chart was sent to the doctor for review and orders and reflects that plaintiff was scheduled to meet with the doctor “to discuss disease progression (cirrhosis).”
35. Plaintiff’s May 1, 2015 laboratory blood test, ordered by defendant KASULKE, reflected a low Platelet count (Abnormal at 101, with Reference between 144 to 400), high Prothrombim Time (Abnormal at 13.2, with Reference between 10.3 to 12.8), and high levels of
8

Case 9:15-cv-01205-GTS-TWD Document 1 Filed 10/07/15 Page 10 of 16
high levels of alanine aminotransferase (ALT) (Abnormal at 61, with Reference under 41). These levels are evidence of a severely damaged liver.
36. On May 13, 2015, plaintiff met with defendant KASULKE and requested Hepatitis C treatment. Defendant KASULKE’s notes reflect that plaintiff must be “drug free for 6 months” and a follow up was scheduled for September 2015.
37. On June 6, 2015 defendant BURKE again states in plaintiff’s AHR that because plaintiff had a drug charge, he “must be drug free x 6 mo’s before Tx is offered.”
38. On June 10, 2015, plaintiff’s counsel wrote to defendants KOENIGSMANN and KASULKE requesting that Hepatitis C treatment begin immediately.
39. Plaintiff’s counsel’s correspondence also explained that current guidelines from the American Association for the Study of Liver Disease (AASLD), upon which DOCCS’ Hepatitis C Policy is allegedly based, explicitly supports Hepatitis C treatment for active drug users.
40. Plaintiff’s counsel relayed to defendants KOENIGSMANN and KASULKE plaintiff’s physical complaints which included: profuse sweating, body pains and aches, lethargy, trouble sleeping, fatigue, weakness, lack of appetite, changes in body temperature, throat pains and aches, headaches, diarrhea, shaking, dizziness, and black outs.
41. Plaintiff’s June 26, 2015 laboratory blood test, ordered by defendant KASULKE, reflected a low Platelet count (Abnormal at 101, with Reference between 144 to 400), and a high Mean Corpuscular Hemoglobin Concentration (MCHC) (Abnormal at 35.4, with Reference between 29 to 35). These levels are evidence of a severely damaged liver.
9

Case 9:15-cv-01205-GTS-TWD Document 1 Filed 10/07/15 Page 11 of 16
42. On June 29, 2015, defendant KOENIGSMANN responded to plaintiff’s counsel, stating, “Please note that current DOCCS Hepatitis C practice guidelines require that the inmate be drug and alcohol free for 6 months.”
43. On June 29, 2015, plaintiff’s counsel sent an email to defendant KOENIGSMANN requesting that treatment begin immediately for plaintiff.
44. Defendant KOENIGSMANN responded on June 29, 2015 via email stating, “Our policy is to treat HCV pt with drug infractions after a 6 month drug free interval. This pt has had 2 recent drug infractions 3/2015 and 2/2015 including 2 infractions in 2014. It is important that he understand that it is critical that he avoid drug use."
45. On June 30, 2015, defendant ICN RUPERT wrote in plaintiff’s AHR, “Fibrosis score = F-4 cirrhosis. […] Per primary practice guidelines pt must be 6 mo free of drugs. […] Per Dr. Koenigsmann’s direction we will continue to monitor pt platelet count and if below 100k we will then request tx.”
46. On July 15, 2015, plaintiff was given another urinalysis test which tested positive for buprenorphine (suboxone). Plaintiff was issued a misbehavior report for drug use. At his disciplinary hearing, ending August 11, 2015, he was given an additional 270 days confinement in SHU, as well as 180 days loss of recreation, packages, commissary, phone privileges and recommended loss of good time.
47. Treatments exist for Hepatitis C which are not contraindicated with hyperthyroidism or drug use.
48. There is no medical basis for denying plaintiff’s Hepatitis C treatment.
10

Case 9:15-cv-01205-GTS-TWD Document 1 Filed 10/07/15 Page 12 of 16
49. At no point was plaintiff evaluated by an Infection Control Doctor or other physician who specializes in Hepatitis C.
50. Plaintiff continues to be denied treatment by defendants KOENIGSMANN, KASULKE, RUPERT, and BURKE for his Hepatitis C.
51. As a result of his untreated Hepatitis C, plaintiff has complained of and continues to experience profuse sweating, body pains and aches, lethargy, trouble sleeping, fatigue, weakness, lack of appetite, changes in body temperature, throat pains and aches, debilitating headaches, diarrhea, shaking, dizziness, black outs, the fear of death, and the fear that his Stage 4 fibrosis is rapidly turning into liver cancer or will require him to need a liver transplant.
52. Plaintiff’s condition continues to worsen and his suffering is prolonged from lack of Hepatitis C treatment.
53. Plaintiff has exhausted his administrative remedies. DOCCS’ HEPATITIS C POLICY
54. At all relevant times, DOCCS’ Hepatitis C Primary Care Practice Guidelines (“the Hepatitis C Policy”) excludes from treatment any prisoner who is not drug or alcohol free for six months.
55. The Hepatitis C Policy is promulgated by defendant KOENIGSMANN. 56. The Hepatitis C Policy was relied upon by defendants KOENIGSMANN, KASULKE, BURKE, and RUPERT to deny plaintiff medical care for his serious medical need. 57. The Hepatitis C Policy states that it relies upon Guidelines from the American Association for the Study of Liver Disease (AASLD).
11

Case 9:15-cv-01205-GTS-TWD Document 1 Filed 10/07/15 Page 13 of 16
58. Current AASLD guidelines explicitly support Hepatitis C treatment even for active injecting drug users.
59. Plaintiff’s counsel’s June 10, 2015 correspondence informed defendants KOENIGSMANN and KASULKE that the AASLD Guidelines which DOCCS policy relies upon supports treating plaintiff despite his positive drug tests.
60. The Hepatitis C Policy in effect from June 10, 2014 until April 16, 2015, stated that treatment exclusion criteria included, “evidence of ongoing substance abuse (must be drug/alcohol free for six months).”
61. The Hepatitis C Policy in effect from April 16, 2015 until the present states that treatment exclusion criteria includes, “Documented chronic noncompliance with medical care and evidence of ongoing substance abuse will be considered exclusion criteria for treatment (must be drug/alcohol free for six months).”
62. Plaintiff’s counsel’s June 10, 2015 letter requesting treatment for plaintiff also requested that defendant KOENIGSMANN revise the above exclusion criteria.
63. Defendant KOENIGSMANN’s responses to plaintiff’s counsel regarding plaintiff’s treatment and the Hepatitis C Policy stated, “Please note that current DOCCS Hepatitis C Practice Guidelines require that the inmate be drug and alcohol free for six months,” and, “Our policy is to treat HCV pt with drug infractions after a 6 month drug free interval."
64. The Hepatitis C Policy further recommends that “patients with suspected cirrhosis (Stage 4 fibrosis) will also undergo an abdominal or liver ultrasound to determine the presence of cirrhosis and/or portal hypertension,” and “patients with cirrhosis need periodic surveillance for
12

Case 9:15-cv-01205-GTS-TWD Document 1 Filed 10/07/15 Page 14 of 16
hepatocellular carcinoma (HCC). According to the AASLD guidelines, these patients should be monitored every six months with an ultrasound of the liver.”
65. Plaintiff has not received a liver ultrasound. 66. Plaintiff has not received any treatment for his Hepatitis C since testing positive in July 2013, and showing laboratory evidence of a severely damaged liver with cirrhosis since that date.
LEGAL CLAIMS FIRST CLAIM FOR RELIEF 67. By their actions as described hereinabove, in failing to promptly schedule plaintiff for Hepatitis C treatment beginning on July 10, 2013, and in otherwise failing to ensure appropriate continuity of care and treatment in a timely manner, ALL DEFENDANTS were and continue to be deliberately indifferent to plaintiff’s serious medical needs, in violation of his 8th and 14th Amendment rights. SECOND CLAIM FOR RELIEF 68. By their actions as described hereinabove, in failing to ensure necessary and appropriate continuity of care and treatment in a timely manner, either by personally intervening in plaintiff’s care or by implementing proper systems, policies, and procedures for ensuring appropriate monitoring and management of plaintiff’s care, ALL DEFENDANTS were and continue to be deliberately indifferent to plaintiff’s serious medical needs, in violation of his 8th and 14th Amendment rights.
13

Case 9:15-cv-01205-GTS-TWD Document 1 Filed 10/07/15 Page 15 of 16
THIRD CLAIM FOR RELIEF 69. By their actions as described hereinabove, by reflexively applying the Hepatitis C Policy to exclude plaintiff from necessary treatment, defendants KOENIGSMANN, KASULKE, BURKE, and RUPERT were and continue to be deliberately indifferent to plaintiff’s serious medical needs, in violation of his 8th and 14th Amendment rights.
PRAYER FOR RELIEF WHEREFORE, plaintiff requests that this court: 1. declare that the acts set forth herein by defendants are in violation
of plaintiff's rights under the Constitution and laws of the United States; 2. enjoin defendants from reflexively enforcing the six-month drugfree requirement in the care and treatment of prisoners with Hepatitis C; 3. enter judgment in favor of plaintiff for reasonable actual and compensatory, including consequential, damages against each of the defendants, jointly and severally, to compensate plaintiff for his pain, suffering, and other hardships arising from defendants' deliberate indifference to plaintiff’s serious medical needs; 4. enter judgment for plaintiff for reasonable punitive damages against each of the defendants; 5. award plaintiff the costs of this action, including reasonable attorneys fees; and
14

Case 9:15-cv-01205-GTS-TWD Document 1 Filed 10/07/15 Page 16 of 16

6. grant such other and further relief as this court deems just and proper.

DATED: October 7, 2015

By: _s/ Alissa R. Hull____________________ ALISSA R. HULL, Bar Number: 519626 Attorney for Plaintiff Prisoners' Legal Services of New York Karen Murtagh, Esq. Executive Director 24 Margaret Street, Suite 9 Plattsburgh, New York 12901 Telephone: (518) 561-3088 Fax: (518) 561-3262 ahull@plsny.org

15

 
 Case 9:15-cv-01205-GTS-TWD Document 38 Filed 05/06/16 Page 1 of 5

UNITED STATES DISTRlCT COURT "KORTHERN DISTRICT OF NEW YORK
ADAM CORRIS, Plaintiff;
-againstCARL J KOENIGSMANN, M.D., Chief Medical Officer, Dep't of Corrections and Community Supervision, et al.,
Defendants.

STIPULATION A~D ORDER OF
DISCONTINUANCE PURSUANT TO RULE
4l(A)
15-CV-1205
GTS!TWD

IT IS HEREBY STIPULATED AND AGREED by and between the undersigned, the attorneys for plaintiff Adam Carris, and defendant Carl J. Koenigsmann, parties to the above entitled-action, that, whereas no party hereto is an infant or incompetent person for whom a committee has been appointed, and no person not a party has an interest in the subject matter of the action, the above-entitled action be and the same hereby is discontinued and settled on the particular circumstances of this case, on the following terms and conditions, which it is agreed are of and shall have no legal precedential value in any other case either between the parties to this case or any other parties:
1. Plaintiff discontinues this action with prejudice and without damages, costs, interest or attorneys fees, and discharges and releases Defendant Carl J. Koenigsmann and the State of New York, including its agencies, subdivisions, employees, private contractors or assignees, of any and all claims, demands, or causes of actions, known or unknown, now existing

Case 9:15-cv-01205-GTS-TWD Document 38 Filed 05/06/16 Page 2 of 5
or hereafter arising, whether presently asserted or not, which relate in any way to the subject matter of this action, and further agrees to discontinue and/or not to commence or to pursue in any court, arbitration or administrative proceeding, any litigation or claims against the defendant and others released hereby pertaining to the underlying facts, circumstances or incidents that gave rise to the aforementioned action, or any results of the aforementioned facts, circumstances or incidents, except as specifically provided in paragraph 6 of this settlement.
2. Defendant discharges and releases plaintiff from any and all claims, demands, or causes of actions, known or unknown, now existing or hereafter arising, whether presently asserted or not, which relate in any way to the subject matter of this action .
3. This action is hereby discontinued with prejudice pursuant to Rule 41 (a) of the Federal Rules of Civil Procedure.
4. The parties agree that no provision of this settlement.shall be interpreted to be an acknowledgment of the validity of any of the allegations or claims that have been made in the action.
5. This settlement does not constitute a determination of, or admission by any party to any underlying allegations, facts or merits of their respective positions. The settlement of this action is limited to the circumstances in this case alone and shall not be given effect beyond the specific provisions stipulated to. This settlement does not form and shall not be claimed as any
precedent tor, or an agreement by the parties to any generally applicable policy or procedure in
the future. 6. Following the execution of this stipulation, and its being ordered by the Court: (a) Plaintiff and his attorneys shaH be paid the total sum of$ 19,144.82 in full
settlement of any and all claims. This amount includes all compensation to which plaintiff is 2

Case 9:15-cv-01205-GTS-TWD Document 38 Filed 05/06/16 Page 3 of 5
entitled, including but not limited to damages, costs, and attorney's fees. Payment of this amount shall be made in two checks.
(b) The first check, in full satisfaction of all claims for damages, will be payable to plaintiff in the amount of $5,000.00. Plaintiffs check will be mailed to him c/o Irunate Accounts at Gouverneur Correctional Facility, 112 Scotch Settlement Road, PO Box 370, Gouverneur, NY 13642 for deposit into plaintiffs inmate account, or to the correctional facility in which he is confined at the time the check is mailed.
(c) The second check, in full satisfaction of all costs and attorneys' fees, will be payable to and mailed to plaintiffs attorneys, Prisoners' Legal Services of New York Plattsburgh, 24 Margaret Street, Suite 9, Plattsburg~, NY 12901.
(d) The current DOCCS HCV Policy will be amended will by striking the 12th bullet point on page 9 of the current HCV Policy (effective April 2015) and replacing it with the following language:
• Risk of reinfection, including using or possessing syringes and/or tattoo equipment, or documented chronic noncompliance with medical care will be considered. • Evidence of substance abuse (drug and/or alcohol) in the past six months shall not serve as a per se exclusion for any care or treatment. Evidence of such substance abuse instead may only be considered as one factor among all others in assessing and evaluating each individual's needs and suitability for care and treatment. Such evidence also may be noted but shall not in any case be used to prevent any Initial Work Up and referral to the IFD and/or specialist. If you have an inmate/patient who qualifies for Hepatitis C treatment and has a drug or alcohol-related incident in the past six months, submit the inmate/patient for all Initial Work Up tests and refer to the IFD/specialist to be evaluated individually.
7. Payment of the amount specified in paragraph 6 is conditioned on the approval of all appropriate state officials in accordance with the provisions for indemnification under section 17 of the New York Public Officers Law.
3

Case 9:15-cv-01205-GTS-TWD Document 38 Filed 05/06/16 Page 4 of 5

8. Payment of the amount referenced in paragraph 6 will be made within one hundred and twenty (120) days after the approval of this Stipulation by the Court and receipt by counsel of a copy of the so-ordered stipulation, unless the provisions of Chapter 62 of the Laws of 2001 apply to the plaintiff and the payment hereunder constitutes "funds of a convicted person" under the Son of Sam Law, in which event, the one hundred and twenty (120) day payment period shall be extended by an additional thirty (30) days to allow for compliance with that law.
9. In the event that the terms of paragraph 6 are satisfied, but payment is not made within the periods set torth in paragraph 7, interest shall begin to accrue on the outstanding principal balance at the statutory rate on the 121 st day after court approval or the 151 st day after court approval if the provisions of Chapter 62 ofthe Laws of2001 apply to plaintiff.
I0. This stipulation shall be null and void if the approvals referred to in paragraph 7 are not obtained, and these actions shall then be placed back on the trial calendar without prejudice.
11. The foregoing constitutes the entire agreement of the parties.

Dated: Gouverneur, New York
May ..2__ 2016

--A~-_-,---------c-.-----~- -
Adam Carris Plaintiff

4

Case 9:15-cv-01205-GTS-TWD Document 38 Filed 05/06/16 Page 5 of 5 6

 
 Case: 9:15-cv-1205 As of: 09/30/2016 07:38 AM EDT 1 of 5
CLOSED
U.S. District Court Northern District of New York − Main Office (Syracuse) [LIVE − Version 6.1.1]
(Prisoner) CIVIL DOCKET FOR CASE #: 9:15−cv−01205−GTS−TWD

Corris v. Koenigsmann et al Assigned to: Chief Judge Glenn T. Suddaby Referred to: Magistrate Judge Therese Wiley Dancks Cause: 42:1983 Prisoner Civil Rights
Plaintiff

Date Filed: 10/07/2015 Date Terminated: 05/06/2016 Jury Demand: Defendant Nature of Suit: 550 Prisoner: Civil Rights Jurisdiction: Federal Question

Adam Corris

represented by Alissa R. Hull Prisoners' Legal Services of New York − Plattsburgh 24 Margaret Street, Suite 9 Plattsburgh, NY 12901 518−561−3088 Fax: 518−561−3262 Email: ahull@plsny.org LEAD ATTORNEY ATTORNEY TO BE NOTICED

V. Defendant Carl Koenigsmann M.D., Chief Medical Officer, Department of Corrections and Community Supervision
Defendant Robert Kasulke M.D., Facility Health Services Director, Gouverneur Correctional Facility TERMINATED: 12/22/2015
Defendant Brian Connelly M.D., Bare Hill Correctional Facility TERMINATED: 12/22/2015
Defendant Vijay Kumar Mandalaywala M.D., Facility Health Services Director, Upstate Correctional Facility TERMINATED: 12/22/2015
Defendant Michael Seidman M.D., Facility Health Services Director,

represented by Bruce J. Boivin Office of Attorney General − Albany State of New York The Capitol Albany, NY 12224 518−776−2590 Fax: 518−915−7740 Email: bruce.boivin@ag.ny.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Bruce J. Boivin (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Bruce J. Boivin (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Bruce J. Boivin (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Bruce J. Boivin (See above for address)

Case: 9:15-cv-1205 As of: 09/30/2016 07:38 AM EDT 2 of 5

Riverview Correctional Facility TERMINATED: 12/22/2015

LEAD ATTORNEY ATTORNEY TO BE NOTICED

Defendant
Jon Miller M.D., Facility Health Services Director, Coxsackie Correctional Facility TERMINATED: 12/22/2015

represented by Bruce J. Boivin (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Defendant
Amanda Rupert R.N., Infection Control Nurse TERMINATED: 12/22/2015

represented by Bruce J. Boivin (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Defendant
Sherry Burke R.N., Gouverneur Correctional Facility TERMINATED: 12/22/2015

represented by Bruce J. Boivin (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Date Filed 10/07/2015
10/07/2015 10/08/2015 10/13/2015
10/13/2015
10/13/2015 10/13/2015

# Docket Text
1 COMPLAINT against Sherry Burke, Brian Connelly, Robert Kasulke, Carl Koenigsmann, Vijay Kumar Mandalaywala, Jon Miller, Amanda Rupert, Michael Seidman filed by Adam Corris. (Attachments: # 1 Civil Cover Sheet, # 2 cover letter, # 3 proposed summons for Seidman, # 4 proposed summons for Burke, # 5 proposed summons for Rupert, # 6 proposed summons for Connelly, # 7 proposed summons for Miller, # 8 proposed summons for Mandalaywala, # 9 proposed summons for Koenigsmann, # 10 proposed summons for Kasulke)(nas) (Entered: 10/08/2015)
2 MOTION for Leave to Proceed in forma pauperis and INMATE AUTHORIZATION form filed by Adam Corris. (nas, ) Modified on 10/8/2015 (see, ). (Entered: 10/08/2015)
CLERK'S CORRECTION OF DOCKET ENTRY re 2 Motion for Leave to Proceed in forma pauperis. Added to the docket text of this entry that it also contains the Inmate Authorization Form. (see) (Entered: 10/08/2015)
3 ORDER: ORDERED that Plaintiff's in forma pauperis application (Dkt. No. 2 ) is GRANTED. The Clerk shall issue summonses for service, along with the complaint and packet containing General Order 25, which sets forth the Civil Case Management Plan used by the Northern District of New York, upon the Defendants by Plaintiff's counsel. Signed by Magistrate Judge Therese Wiley Dancks on 10/13/15. (nas) (Entered: 10/13/2015)
4 G.O. 25 FILING ORDER ISSUED: Initial Conference set for 1/13/2016 10:00 AM in Syracuse before Magistrate Judge Therese Wiley Dancks. Civil Case Management Plan must be filed and Mandatory Disclosures are to be exchanged by the parties on or before 1/6/2016. (Pursuant to Local Rule 26.2, mandatory disclosures are to be exchanged among the parties but are NOT to be filed with the Court.) (nas, ) (Entered: 10/13/2015)
5 Summons Issued as to Sherry Burke, Brian Connelly, Robert Kasulke, Carl Koenigsmann, Vijay Kumar Mandalaywala, Jon Miller, Amanda Rupert, Michael Seidman. (Main document: Koenigsmann; Attachments: # 1 Seidman, # 2 Burke, # 3 Rupert, # 4 Connelly, # 5 Miller, # 6 Mandalaywala, # 7 Kasulke)(nas, ) (Entered: 10/13/2015)
Provided Superintendent of Gouverneur Correctional Facility with notice of the instant action and a copy of the inmate authorization form − copies of same provided to Financial Deputy. (nas, ) (Entered: 10/13/2015)

Case: 9:15-cv-1205 As of: 09/30/2016 07:38 AM EDT 3 of 5

10/19/2015 10/20/2015
10/20/2015 10/22/2015 10/22/2015 10/23/2015 10/23/2015 10/27/2015 10/27/2015

6 Emergency MOTION for Preliminary Injunction by Adam Corris. (Attachments: # 1 Proposed Order/Judgment Order to Show Cause, # 2 Memorandum of Law, # 3 Affidavit Hull Affidavit, # 4 Exhibit(s) Ex. A, # 5 Exhibit(s) Ex. B, # 6 Exhibit(s) Ex. C, # 7 Exhibit(s) Ex. D, # 8 Exhibit(s) Ex. E, # 9 Exhibit(s) Ex. F, # 10 Exhibit(s) Ex. G, # 11 Exhibit(s) Ex. H, # 12 Exhibit(s) Ex. I, # 13 Exhibit(s) Ex. J, # 14 Exhibit(s) Ex. K, # 15 Exhibit(s) Ex. L)(Hull, Alissa) (Entered: 10/19/2015)
7 TEXT ORDER denying # 6 Plaintiff's motion for an Order to Show Cause. While Plaintiff has submitted an affidavit, that affidavit does not clearly and specifically show[] good and sufficient cause why the standard Notice of Motion procedure cannot be used, and demonstrate "good cause and substantial prejudice that would result from the requirement of reasonable [advance] notice" to the other parties. N.D.N.Y. L.R. 7.1(e). Under the circumstances, the Court reserves decision on Plaintiff's motion for a preliminary injunction and imposes the following expedited briefing schedule on that motion. Plaintiff shall promptly serve on Defendants a copy of the Summons and Complaint, Motion for a Preliminary Injunction, and this Text Order pursuant to Rule 4 and thereafter electronically file a Certificate of Service with the Court no later than 10/27/15. A Hearing on Plaintiff's Motion for a Preliminary Injunction is set for 11/20/15 at 9:30 am in Syracuse, NY before Chief Judge Glenn T. Suddaby. Defendants response to Plaintiffs motion for a preliminary injunction is due by 11/6/15. Counsel is directed to file any exhibit list and witness list no later than 11/12/13. Exhibits must be pre−marked (P−1, P−2, etc. for Plaintiff and D−1, D−2, etc. for Defendant) in a binder with a binder for the Judge and a binder for opposing counsel and brought to court on the day of the hearing. Plaintiffs is directed to file a letter request no later than 10/27/15 as to whether a Writ of Habeas Corpus Ad Testificandum is needed to produce Plaintiff Adam Corris for the hearing. Authorized by Chief Judge Glenn T. Suddaby on 10/20/15. (lmw) (Entered: 10/20/2015)
TEXT NOTICE of Hearing: Evidentiary Hearing set for 11/20/2015 at 9:30 AM in Syracuse before Chief Judge Glenn T. Suddaby. Defendant's Response to # 6 Emergency Motion for Preliminary Injunction due by 11/6/15. Exhibit list and witness list due by 11/12/13. (lmw) (Entered: 10/20/2015)
8 ORDER AND WRIT of Habeas Corpus ad Testificandum issued by Chief Judge Glenn T. Suddaby directing Gouverneur Correctional Facility to produce Adam Corris for an evidentiary hearing on 11/20/15 at 8:30 am at the U.S. Courthouse in Syracuse, NY. (lmw) (Copy served upon Gouverneur Correctional Facility via email at doccs.sm.gouverneur.irc and regular mail) (Entered: 10/22/2015)
9 Letter Motion from Alissa R. Hull, Plaintiff's counsel for Adam Corris requesting Amended Summons submitted to Judge Suddaby . (Attachments: # 1 Proposed Summons Defendant Rupert)(Hull, Alissa) (Entered: 10/22/2015)
10 TEXT ORDER RE 9 : Plaintiff's request for an amended summons to be issued for defendant Amanda Rupert is granted. The Clerk shall issue the amended summons. Authorized by Chief Judge Glenn T. Suddaby on 10/23/15. (nas) (Entered: 10/23/2015)
11 Summons Reissued as to Amanda Rupert. (nas, ) (Entered: 10/23/2015)
12 AFFIDAVIT of Service for Sumons, Complaint, General Order 25, Motion for Preliminary Injunction, Memorandum of Law in Support of Plaintiff's Motion for Preliminary Injunction, Affidavit and Exhibits, and Court Text Order dated October 20, 2015 served on Defendants Koenigsmann and Miller on October 23, 2015, filed by Adam Corris. (Attachments: # 1 Affirmation Service on Defendant Miller)(Hull, Alissa) (Entered: 10/27/2015)
13 AFFIDAVIT of Service for Sumons, Complaint, General Order 25, Motion for Preliminary Injunction, Memorandum of Law in Support of Plaintiff's Motion for Preliminary Injunction, Affidavit and Exhibits, and Court Text Order dated October 20, 2015 served on Defendants Kasulke, Connelly, Mandalaywala, Seidman, Rupert, and Burke on October 27, 2013, filed by Adam Corris. (Attachments: # 1 Affirmation Service on Defendant Burke, # 2 Affirmation Service on Defendant Connelly, # 3 Affirmation Service on Defendant Mandalaywala, # 4 Affirmation Service on Defendant Seidman, # 5 Affirmation Service on Defendant Rupert)(Hull, Alissa) (Entered: 10/27/2015)

Case: 9:15-cv-1205 As of: 09/30/2016 07:38 AM EDT 4 of 5

11/06/2015 11/06/2015 11/09/2015
11/19/2015 11/19/2015 11/19/2015 11/30/2015 12/01/2015 12/01/2015 12/01/2015
12/04/2015 12/07/2015 12/21/2015

14 NOTICE of Appearance by Bruce J. Boivin on behalf of All Defendants (Boivin, Bruce) (Entered: 11/06/2015)
15 Letter Motion from AAG Bruce J. Boivin for Sherry Burke, Brian Connelly, Robert Kasulke, Carl Koenigsmann, Vijay Kumar Mandalaywala, Jon Miller, Amanda Rupert, Michael Seidman requesting that the PI hearing scheduled for November 20, 2015 be adjourned without date submitted to Judge Suddaby . (Boivin, Bruce) (Entered: 11/06/2015)
16 TEXT ORDER granting # 15 Defendants' Letter Request to adjourn without date the evidentiary hearing scheduled for 11/20/15 and all responses/replies associated with the # 6 motion for preliminary injunction. The Writ of Habeas Corpus to produce Defendant at the hearing will be canceled. Counsel are directed to file a status report by 11/19/15. Authorized by Chief Judge Glenn T. Suddaby on 11/9/15. (lmw) Modified on 12/1/2015 to correct Judge (lmw). (Entered: 11/09/2015)
17 STATUS REPORT in complaince with the Court's November 9, 2015 text order by Sherry Burke, Brian Connelly, Robert Kasulke, Carl Koenigsmann, Vijay Kumar Mandalaywala, Jon Miller, Amanda Rupert, Michael Seidman. (Boivin, Bruce) (Entered: 11/19/2015)
18 Letter Motion from AAG Bruce Boivin for Sherry Burke, Brian Connelly, Robert Kasulke, Carl Koenigsmann, Vijay Kumar Mandalaywala, Jon Miller, Amanda Rupert, Michael Seidman requesting an extension of time to respond to the complaint until January 19, 2016 submitted to Judge Dancks . (Boivin, Bruce) (Entered: 11/19/2015)
19 TEXT ORDER: As requested in dkt. no. 17 , defendants' status report in compliannce with this Court's November 9, 2015 Text Order is due by 11/30/2015. Authorized by Chief Judge Glenn T. Suddaby on 11/19/15. (nas) (Entered: 11/19/2015)
20 STATUS REPORT by Sherry Burke, Brian Connelly, Robert Kasulke, Carl Koenigsmann, Vijay Kumar Mandalaywala, Jon Miller, Amanda Rupert, Michael Seidman. (Boivin, Bruce) (Entered: 11/30/2015)
21 TEXT ORDER directing Plaintiff to advise the court by 12/7/15 as to whether he withdraws his # 6 Motion for Preliminary Injunction as referenced in Defendants' # 20 Status Report. If Plaintiff's motion is not withdrawn by 12/7/15, the Court will reinstate response/reply deadlines. SO ORDERED by Chief Judge Glenn T. Suddaby on 12/1/15. (lmw) (Entered: 12/01/2015)
22 TEXT ORDER granting 18 Letter Request for extension of time for defendants to respond to the complaint. Sherry Burke, Brian Connelly, Robert Kasulke, Carl Koenigsmann, Vijay Kumar Mandalaywala, Jon Miller, Amanda Rupert and Michael Seidman: answer due 1/19/2016. SO ORDERED by Magistrate Judge Therese Wiley Dancks on 12/1/2015. (sg) (Entered: 12/01/2015)
TEXT NOTICE OF RESCHEDULING OF INITIAL CONFERENCE: The Telephone Initial Conference originally set for 1/13/2016 has been RESCHEDULED for 2/1/2016 at 10:00 AM before Magistrate Judge Therese Wiley Dancks. Plaintiff's counsel is directed to initiate the call as directed in General Order 25 (Dkt. No. 4 ). PLEASE TAKE NOTICE: Civil Case Management Plan must be filed and Mandatory Disclosures are to be exchanged by the parties on or before 1/25/2016. (Pursuant to Local Rule 26.2, mandatory disclosures are to be exchanged among the parties but are NOT to be filed with the Court.) (sg) (Entered: 12/01/2015)
23 Letter Motion from Alissa R. Hull for Adam Corris requesting to withdraw plaintiff's Motion for Preliminary Injunction (Docket No. 6) submitted to Judge Suddaby . (Hull, Alissa) (Entered: 12/04/2015)
24 TEXT ORDER granting # 23 Plaintiff's Letter Request to withdraw its # 6 Motion for Preliminary Injunction as the relief sought has been commenced by Defendant. SO ORDERED by Chief Judge Glenn T. Suddaby on 12/7/15. (lmw) (Entered: 12/07/2015)
25 STIPULATION of Dismissal in Part (discontinuing this action as to all defendanst except defendant Koenigsmann) by Brian Connelly, Robert Kasulke, Carl Koenigsmann, Vijay Kumar Mandalaywala, Jon Miller, Amanda Rupert, Michael

Case: 9:15-cv-1205 As of: 09/30/2016 07:38 AM EDT 5 of 5

12/22/2015
01/19/2016 01/20/2016 01/27/2016 01/28/2016
02/29/2016 03/01/2016
03/31/2016 04/01/2016
04/29/2016 05/03/2016 05/06/2016 05/06/2016

Seidman submitted to Judge Suddaby. (Boivin, Bruce) (Entered: 12/21/2015)
26 ORDER approving # 25 Stipulation of Dismissal as to Defendants Jon Miller, Brian Connelly, Amanda Rupert, Michael Seidman, Vijay Kumar Mandalaywala, Sherry Burke and Robert Kasulke only. Signed by Chief Judge Glenn T. Suddaby on 12/22/15. (lmw) (Entered: 12/22/2015)
27 ANSWER to 1 Complaint,, by Carl Koenigsmann.(Boivin, Bruce) (Entered: 01/19/2016)
28 CERTIFICATE OF SERVICE by Carl Koenigsmann re 27 Answer to Complaint (Boivin, Bruce) (Entered: 01/20/2016)
29 Letter Motion from AAG Bruce J. Boivin for Carl Koenigsmann requesting an adjournment of the Rule 16 conference submitted to Judge Dancks . (Boivin, Bruce) (Entered: 01/27/2016)
30 TEXT ORDER : Court has reviewed letter motion (Dkt. No. 29 ) to adjourn Rule 16 Conference and related deadlines due to settlement negotiations. Letter motion granted. Rule 16 conference will be rescheduled, if necessary, at a future date. Defendants to submit a status report regarding settlement negotiations by 2/29/2016. SO ORDERED by Magistrate Judge Therese Wiley Dancks on 1/28/2016. (sg) (Entered: 01/28/2016)
31 STATUS REPORT/Letter Request by Carl Koenigsmann. (Boivin, Bruce) Modified on 3/1/2016 (sg). (Entered: 02/29/2016)
32 TEXT ORDER : Court has reviewed letter motion/status report on settlement (Dkt. No. 31 ). Letter motion granted. Defendant to file status report regarding settlement by 3/31/2016. SO ORDERED by Magistrate Judge Therese Wiley Dancks on 3/1/2016. (sg) (Entered: 03/01/2016)
33 STATUS REPORT/Letter Requestregarding settlement by Carl Koenigsmann. (Boivin, Bruce) Modified on 4/1/2016 (sg,). (Entered: 03/31/2016)
34 TEXT ORDER : Court has reviewed Defendant's 33 Letter motion/status report on settlement. Letter motion for extension granted. Defendant to file status report regarding settlement by 4/29/2016. SO ORDERED by Magistrate Judge Therese Wiley Dancks on 4/1/2016. (sg) (Entered: 04/01/2016)
35 STATUS REPORT informing the Court that the parties have reached a settlement by Carl Koenigsmann. (Boivin, Bruce) (Entered: 04/29/2016)
36 TEXT ORDER: The Court having been advised that this case has settled, the parties are directed to file a stipulation of dismissal by 5/31/16. SO ORDERED by Chief Judge Glenn T. Suddaby on 5/3/15. (lmw) (Entered: 05/03/2016)
37 SETTLEMENT AGREEMENT submitted for the COurt's consideration by Carl Koenigsmann. (Boivin, Bruce) (Entered: 05/06/2016)
38 ORDER approving # 37 Stipulation and Order of Discontinuance pursuant to Rule 41(a). Signed by Chief Judge Glenn T. Suddaby on 5/6/16. (lmw) (Entered: 05/06/2016)