Case: Luciano v. Vitiello

2:07-cv-00025 | U.S. District Court for the District of Maine

Filed Date: Sept. 5, 2007

Closed Date: 2008

Clearinghouse coding complete

Case Summary

On September 5, 2007, Plaintiffs, a group of inmates of the York County Jail, filed this 42 U.S.C. § 1983 action against York County in the United State District Court for the District of Maine. The plaintiffs, represented by the Maine Civil Liberties Union, sought damages and injunctive relief, claiming that their Eighth Amendment right to be free from cruel and unusual punishment had been violated. Specifically, they claimed that being forced to clean up large quantities of possibly infected…

On September 5, 2007, Plaintiffs, a group of inmates of the York County Jail, filed this 42 U.S.C. § 1983 action against York County in the United State District Court for the District of Maine. The plaintiffs, represented by the Maine Civil Liberties Union, sought damages and injunctive relief, claiming that their Eighth Amendment right to be free from cruel and unusual punishment had been violated. Specifically, they claimed that being forced to clean up large quantities of possibly infected human blood without appropriate protection constituted cruel and unusual punishment. The complaint was amended three times with no significant changes to the allegations.

On November 7, 2006, the plaintiffs, who were assigned to a work release program, were ordered to clean up a four-by-four foot pool of blood in a cell where an inmate had attempted suicide. The inmate was known to be at risk for Hepatitis C. Plaintiffs were only given surgical gloves as protection. The brushes the prisoners were provided to scrub the blood from the floor, walls, and ceiling caused the blood to be flecked onto the prisoners' skin and into their eyes.

On January 23, 2008, the Court (Judge D. Brock Hornby) entered a Consent Order dismissing the case. The Order set strict policies for blood and other biohazardous material cleanup in the York County Jail, prohibiting the jail from assigning any inmate to undertake clean-up of biohazardous material without express consent, appropriate training, and protective clothing. The Order is permanent. The case is now closed.

Summary Authors

Blase Kearney (5/7/2012)

Elizabeth Heise (10/18/2018)

People


Judge(s)

Hornby, David Brock (Maine)

Attorney for Plaintiff

Brown, Rufus E. (Maine)

Heiden, Zachary L. (Maine)

Attorney for Defendant

Dunlap, Mark E. (Maine)

Marchesi, Peter T. (Maine)

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Documents in the Clearinghouse

Document

2:07-cv-00025

Docket (PACER)

Jan. 23, 2008

Jan. 23, 2008

Docket

Press Release: MCLU Files Suit Over “Cruel and Unusual” Punishment - York County Jail Putting Lives of Inmates At Risk

Luciano v. Vitiello

No Court

Feb. 20, 2007

Feb. 20, 2007

Press Release
21

2:07-cv-00025

Third Amended Complaint

Sept. 5, 2007

Sept. 5, 2007

Complaint
33

2:07-cv-00025

Consent Order

Jan. 23, 2008

Jan. 23, 2008

Order/Opinion
32

2:07-cv-00025

Consent Motion for Order

Lunciano v. Vitiello

Jan. 23, 2008

Jan. 23, 2008

Pleading / Motion / Brief

Docket

Last updated April 15, 2024, 3 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT against MICHAEL VITIELLO, STEVEN A FOGLIO IF FILING FEE IS BEING PAID WITH A CREDIT CARD, COUNSEL ARE INSTRUCTED TO IMMEDIATELY LOGIN TO CM/ECF AND DOCKET Case Opening Filing Fee Paid FOUND IN THE Complaints and Other Initiating Documents CATEGORY. IF FILING FEE IS BEING PAID WITH A CHECK, THE COURT REQUIRES RECEIPT OF PAYMENT WITHIN 48 HOURS OF THIS FILING. , filed by JOSHUA LUCIANO, MICHAEL MELLEN, JOHN MICHAUD. (Service of Process Deadline 6/20/2007)(bfa, ) (Entered: 02/20/2007)

Feb. 20, 2007

Feb. 20, 2007

Filing Fee Paid via Credit Card ( Filing fee $ 350 receipt number 355582.), filed by JOSHUA LUCIANO, MICHAEL MELLEN, JOHN MICHAUD.(HEIDEN, ZACHARY) (Entered: 02/20/2007)

Feb. 20, 2007

Feb. 20, 2007

2

Summons Issued as to MICHAEL VITIELLO, STEVEN A FOGLIO. Counsel shall print the embossed summons and effect service in the manner in accordance with Fed.R.Civ.P.4. Note−If you are using Version 6 of Adobe Acrobat, be sure the PRINT WHAT field is set to DOCUMENTS AND COMMENTS (Click File, then Print to check this setting).

Feb. 20, 2007

Feb. 20, 2007

4

WAIVER OF SERVICE Returned Executed MICHAEL VITIELLO waiver sent on 3/20/2007; STEVEN A FOGLIO waiver sent on 3/20/2007. (HEIDEN, ZACHARY) (Entered: 03/28/2007)

March 28, 2007

March 28, 2007

SET Answer Deadline for MICHAEL VITIELLO and STEVEN A FOGLIO − PER WAIVER OF SERVICE #4: Answer due by 5/21/2007.(mnw, ) (Entered: 03/29/2007)

March 29, 2007

March 29, 2007

5

ANSWER to Amended Complaint by STEVEN A FOGLIO.(MARCHESI, PETER) (Entered: 05/16/2007)

May 16, 2007

May 16, 2007

6

DEMAND for Trial by Jury by STEVEN A FOGLIO. (MARCHESI, PETER) (Entered: 05/16/2007)

May 16, 2007

May 16, 2007

7

NOTICE of Appearance by RUFUS E. BROWN on behalf of all plaintiffs (Attachments: # 1(Certificate of Service)(BROWN, RUFUS) Modified on 5/17/2007 to add description of attachment (mnw, ). (Entered: 05/17/2007)

May 17, 2007

May 17, 2007

8

MOTION for Leave to File Second Amended Complaint with Added Parties and Claims by JOSHUA LUCIANO, MICHAEL MELLEN &JOHN MICHAUD with incorporated memo.Responses due by 6/7/2007. (Attachments: # 1 Exhibit Amended Complaint)(BROWN, RUFUS) Modified on 5/18/2007 to add filers Michael Mellen and John Michaud (mnw, ). (Entered: 05/17/2007)

May 17, 2007

May 17, 2007

NOTICE of Docket Entry Modification regarding 8 MOTION for Leave to File Second Amended Complaint with Added Parties and Claims : DOCKET ENTRY MODIFIED BY THE CLERK'S OFFICE TO ADD FILERS MICHAEL MELLEN AND JOHN MICHAUD. (mnw, ) (Entered: 05/18/2007)

May 18, 2007

May 18, 2007

9

ANSWER to Amended Complaint by MICHAEL VITIELLO.(WALL, JOHN) (Entered: 05/18/2007)

May 18, 2007

May 18, 2007

10

ORDER granting 8 Motion for Leave to File By Judge DAVID M. COHEN. (COHEN, DAVID) (Entered: 06/08/2007)

June 8, 2007

June 8, 2007

11

Second AMENDED COMPLAINT against all defendants with Jury Demand, filed by JOSHUA LUCIANO, MICHAEL MELLEN, JOHN MICHAUD.(Service of Process Deadline 10/9/2007)(BROWN, RUFUS) (Entered: 06/11/2007)

June 11, 2007

June 11, 2007

12

ANSWER to Amended Complaint by YORK COUNTY, MICHAEL VITIELLO.(WALL, JOHN) (Entered: 06/13/2007)

June 13, 2007

June 13, 2007

13

SCHEDULING ORDER:Discovery due by 11/14/2007.Motions due by 12/5/2007.Ready for Trial on 3/3/2008. By Judge DAVID M. COHEN. (mnw, ) (Entered: 06/13/2007)

June 13, 2007

June 13, 2007

14

ANSWER to Amended Complaint by STEVEN A FOGLIO.(MARCHESI, PETER) (Entered: 06/18/2007)

June 18, 2007

June 18, 2007

15

Consent MOTION for Protective Order by JOSHUA LUCIANO, MICHAEL MELLEN, JOHN MICHAUD.Responses due by 9/5/2007. (Attachments: # 1 Text of Proposed Order Proposed Consent Confidentiality Order)(HEIDEN, ZACHARY) (Entered: 08/15/2007)

Aug. 15, 2007

Aug. 15, 2007

16

ORDER granting 15 Motion for Protective Order By Judge DAVID M. COHEN. (lng, ) (Entered: 08/21/2007)

Aug. 17, 2007

Aug. 17, 2007

17

NOTICE OF HEARING:Conference of Counsel set for 8/28/2007 at 9:00 AM in Judge Hornby's Chambers before JUDGE D. BROCK HORNBY. (Attorney Cassandra S. Schaffer to appear via telephone) (mnw, ) (Entered: 08/24/2007)

Aug. 24, 2007

Aug. 24, 2007

19

MOTION for Leave to File Third Amended Complaint with Added Parties and Claims by JOSHUA LUCIANO, MICHAEL MELLEN, JOHN MICHAUD with incorporated memo.Responses due by 9/19/2007. (Attachments: # 1 Exhibit)(BROWN, RUFUS) (Entered: 08/29/2007)

Aug. 29, 2007

Aug. 29, 2007

20

ORDER granting without objection 19 Plaintiffs' Motion... for Leave to File A Third Amended Complaint With Added Parties And Claims By Judge DAVID M. COHEN. The plaintiffs shall file and serve said Third Amended Complaint forthwith. (COHEN, DAVID) (Entered: 09/05/2007)

Sept. 5, 2007

Sept. 5, 2007

21

Third AMENDED COMPLAINT against all defendants with Jury Demand, filed by JOSHUA LUCIANO, MICHAEL MELLEN, JOHN MICHAUD.(Service of Process Deadline 1/3/2008)(BROWN, RUFUS) (Entered: 09/05/2007)

Sept. 5, 2007

Sept. 5, 2007

22

ANSWER to Amended Complaint (Third) by YORK COUNTY, MICHAEL VITIELLO.(WALL, JOHN) (Entered: 09/13/2007)

Sept. 13, 2007

Sept. 13, 2007

23

ANSWER to Amended Complaint by STEVEN A FOGLIO.(MARCHESI, PETER) (Entered: 09/17/2007)

Sept. 17, 2007

Sept. 17, 2007

24

WAIVER OF SERVICE Returned Executed JOHN ANGIS waiver sent on 9/5/2007. (BROWN, RUFUS) (Entered: 09/18/2007)

Sept. 18, 2007

Sept. 18, 2007

DEFENDANT, JOHN ANGIS, SERVED, 24 FILED: Answer Deadline due by 11/5/2007.(lng) (Entered: 09/18/2007)

Sept. 18, 2007

Sept. 18, 2007

25

SUMMONS Returned Executed JOHN ANGIS served on 9/25/2007. (BROWN, RUFUS) (Entered: 09/25/2007)

Sept. 25, 2007

Sept. 25, 2007

SET Answer Deadline for JOHN ANGIS − PER SUMMONS RETURNED EXECUTED #25: Answer due by 10/15/2007.(mnw, ) (Entered: 09/25/2007)

Sept. 25, 2007

Sept. 25, 2007

26

ANSWER to Plaintiffs' Third Amended Complaint by JOHN ANGIS.(DUNLAP, MARK) Modified on 10/15/2007 to add text 'Plaintiffs' Third Amended'. (lng) (Entered: 10/11/2007)

Oct. 11, 2007

Oct. 11, 2007

27

MOTION to Extend Time of Discovery Deadline by JOSHUA LUCIANO, MICHAEL MELLEN, JOHN MICHAUD.Responses due by 11/6/2007. (Attachments: # 1 Supplement Certificate of Service)(BROWN, RUFUS) (Entered: 10/16/2007)

Oct. 16, 2007

Oct. 16, 2007

28

ORDER granting without objection 27 Motion to Extend Time By Judge DAVID M. COHEN. The discovery deadline is enlarged to November 30, 2007. (COHEN, DAVID) (Entered: 10/17/2007)

Oct. 17, 2007

Oct. 17, 2007

Reset Scheduling Order Deadline per Order 28 : Discovery due by 11/30/2007.(lng, ) (Entered: 10/17/2007)

Oct. 17, 2007

Oct. 17, 2007

29

MOTION Leave to Take Deposition of Incarcerated Persons by STEVEN A FOGLIO.Responses due by 11/29/2007. (MARCHESI, PETER) (Entered: 11/08/2007)

Nov. 8, 2007

Nov. 8, 2007

30

ORDER granting 29 Motion for leave to take depositions of incarcerated persons, subject to compliance with the institutions' reasonable scheduling and security requests. By Judge MARGARET J. KRAVCHUK. (KRAVCHUK, MARGARET) (Entered: 11/14/2007)

Nov. 14, 2007

Nov. 14, 2007

31

TRIAL LIST: Final Pretrial Memo due by 1/28/2008. Final Pretrial Conference set for 2/5/2008 09:00 AM in Hearing Room, Portland before MAGISTRATE JUDGE DAVID M. COHEN. On Trial List for 3/3/2008. (lng) (Entered: 12/28/2007)

Dec. 28, 2007

Dec. 28, 2007

32

Consent MOTION for Order by JOSHUA LUCIANO, MICHAEL MELLEN, JOHN MICHAUDResponses due by 2/13/2008. (Attachments: # 1 Text of Proposed Order)(BROWN, RUFUS) Modified on 1/23/2008 to indicate this is a motion for Order (mnw). (Entered: 01/23/2008)

Jan. 23, 2008

Jan. 23, 2008

Case Details

State / Territory: Maine

Case Type(s):

Jail Conditions

Special Collection(s):

Multi-LexSum (in sample)

Key Dates

Filing Date: Sept. 5, 2007

Closing Date: 2008

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Inmates assigned to a work release program at the York County Jail Trusty Program

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

ACLU Affiliates (any)

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

York County (York), County

Case Details

Causes of Action:

42 U.S.C. § 1983

Constitutional Clause(s):

Cruel and Unusual Punishment

Available Documents:

Trial Court Docket

Complaint (any)

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Order Duration: 2008 - None

Issues

General:

Personal injury

Sanitation / living conditions

Staff (number, training, qualifications, wages)

Affected Sex or Gender:

Male

Medical/Mental Health:

Hepatitis

Type of Facility:

Government-run