Case: Perry v. Fair

Perry v. Commissioner of Corrections

Perry v. Glodis

Complaint filed (dfs) (Entered: 06/20/1991)

Answer to Complaint by Worcester County Sheriff (dfs) (Entered: 06/20/1991)

Motion by Fitzpatrick Perry, Guy H Levia, Frank Ginese, James Lyons, Joseph Sacco to certify class action (dfs) (Entered: 06/20/1991)

Memorandum by Fitzpatrick Perry, Guy H Levia, Frank Ginese, James Lyons, Joseph Sacco in support of [16-1] motion to certify class action (dfs) (Entered: 06/20/1991)

Judge Rya W. Zobel . Endorsed Order granting [16-1] motion to certify class action (dfs)

Answer to Complaint by Corrections, Dept of (dfs) (Entered: 06/20/1991)

Answer to Complaint by Deborah Prothrow-Stith (dfs) (Entered: 06/20/1991)

CONSENT DECREE (dfs) (Entered: 06/20/1991)

Answer to Complaint by John R. Sharry (dfs) (Entered: 06/20/1991)

Answer to Complaint by Francis J. Holloway (dfs) (Entered: 06/20/1991)

Answer to Complaint by Paul X. Tivnan (dfs) (Entered: 06/20/1991)

Judge Rya W. Zobel . Endorsed Order approving Consent Decree (#54) (dfs)

Case assigned to Judge Rya W. Zobel (vah)

Judge Rya W. Zobel . Order referring case to William E. Bernstein as special master (dfs) (Entered: 06/20/1991)

Judge Rya W. Zobel . Order appointing Special Master (dfs) (Entered: 06/20/1991)

Refer to Paper Docket for other entries prior to January 1, 1991. (dfs) Modified on 06/20/1991

Ltr. dated 2/26/91 from Atty. Bernstein, Special Master enclosing a copy of bi-monthly bill filed. (dfs) (Entered: 02/28/1991)

Fifth Compliance Report filed, c/s. (dfs) (Entered: 05/28/1991)

Judge Rya W. Zobel . Endorsement Re: [104-1] Fifth Compliance Report: "Noted." cc/cl. (dfs)

Ltr. dated 5/20/91 enclosing copy of bi-monthly bill from Atty. Bernstein, Special Master filed. (dfs) (Entered: 05/22/1991)

Notice by Fitzpatrick Perry in 4:89-cv-00031, Guy H Levia in 4:89-cv-00031, Frank Ginese in 4:89-cv-00031, James Lyons in 4:89-cv-00031, Joseph Sacco in 4:89-cv-00031 to take deposition of Worc. County Treasurer's Office on 7/24/91 @10:00 a.m. filed, c/s. (dfs) (Entered: 07/23/1991)

Bill for services rendered filed in the amt. of $1446.73 for Weinstein, Bernstein & Burwick. (dfs) (Entered: 08/02/1991)

Notice by Fitzpatrick Perry in 4:89-cv-00031, Guy H Levia in 4:89-cv-00031, Frank Ginese in 4:89-cv-00031, James Lyons in 4:89-cv-00031, Joseph Sacco in 4:89-cv-00031 to take deposition of Worc. County Sheriff's Office on 8/12/91 @10:00 a.m. filed, c/s. (dfs) (Entered: 08/21/1991)

Ltr. dated 9/7/91 from Mr. Mierzejewski re: comparison in treatment of inmates at Worcester House of Correction filed. (dfs) (Entered: 10/15/1991)

Response dated 10/4/91 from Judge Zobel to ltr. from Mr. Mierzejewski dated 9/7/91. (dfs) (Entered: 10/15/1991)

Case reassigned from Judge Zobel to Judge Nathaniel M. Gorton . Notice sent to counsel. (ktb) Modified on 11/23/1992

Motion by Worc County Sherrif in 4:89-cv-00031 to alter or amend Consent Decree pursuant to Fed. Rules of Civil Procedure Rule 60(b)(6) and Short Order of Notice Pursuant to Rule 6(d) filed, c/s. (dfs) (Entered: 08/30/1993)

Affidavit of Edward F. O'Brien, Jr., Esq. by Worc County Sheriff in 4:89-cv-00031 Re: [110-1] motion to alter or amend Consent Decree pursuant Fed. Rules of Civil Procedure Rule 60(b)(6) and Short Order of Notice Pursuant to Rule 6(d) filed. (dfs) Modified on 08/30/1993 (Entered: 08/30/1993)

Assented to motion by Joseph Sacco, James Lyons, Fitzpatrick Perry, Guy H. Levia, and Frank Ginese to extend time until September 13, 1993 to oppose defendant Flynn's motion to alter or amend consent decree, filed, c/s. (bah) (Entered: 09/03/1993)

Judge Nathaniel M. Gorton. Endorsed Order granting [112-1] motion to extend time until September 13, 1993 to oppose defendant Flynn's motion to alter or amend consent decree, ENTERED, cc:cl. Response to motion reset to 9/13/93 for [110-1] motion to alter or amend Consent Decree pursuant to Fed. Rules of Civil Procedure Rule 60(b)(6) and Short Order of Notice Pursuant to Rule 6(d) (bah)

Case reassigned from Judge Gorton to Judge Rya W. Zobel . Notice sent to counsel. (dfs)

Case closed (dfs)

Letter from William E. Bernstein, Special Master filed dated 9/28/93 to Judge Zobel and Gorton Re: withdrawal of duties as special master. (lau) (Entered: 10/06/1993)

Letter from Special Master William E. Berstein requesting that he be relieved of his duties as Special Master, filed. (bah) (Entered: 09/29/1993)

Judge Rya W. Zobel . Endorsement Re: [113-1] remark. The request is granted with the thanks of the court for the great assistance provided by the Special Master in these proceedings. Entered (lau)

Terminated document mooting [110-1] motion to alter or amend Consent Decree pursuant to Fed. Rules of Civil Procedure Rule 60(b)(6) and Short Order of Notice Pursuant to Rule 6(d), after talking with Atty. O'Brien the matter will be raised via new motion after some housekeeping matters have been resolved. Requested by ctd. (fmr)

Letter by Joseph Ponte, Facility Director dated: 12/13/94 to: Judge Donohue re: prison facilities, filed. (lau) (Entered: 01/09/1995)

Motion in letter form by: Edward O'Brien, Jr. dated: 12/21/94 for Hearing (status conference), filed. (lau) (Entered: 01/05/1995)

Judge Rya W. Zobel . Endorsed Order entered granting [115-1] motion for Hearing (status conference), set status conference for 2:30 1/26/95 . Entered cc/cl (lau)

Status conference held . (lau)

Judge Rya W. Zobel . Clerk's Notes: re: status conference; Court holds lenghty discussions with counselmas to amending the consent decree. After which counsel will send in a status report and may request a further conference if they cannot reach agreement. Entered (lau) (Entered: 01/27/1995)

Proposed Order clarifying consent decre by Joseph Sacco in 4:89-cv-00031, James Lyons in 4:89-cv-00031, Fitzpatrick Perry in 4:89-cv-00031, Guy H. Levia in 4:89-cv-00031, Frank Ginese in 4:89-cv-00031 received for filing. (lau)

Judge Rya W. Zobel . Order Clarifying Consent Decree entered. Entered cc/cl (lau) (Entered: 02/22/1995)

Motion by James Lyons in 4:89-cv-00031, Fitzpatrick Perry in 4:89-cv-00031, Guy H. Levia in 4:89-cv-00031, Frank Ginese in 4:89-cv-00031 for a determination and award of attorney fees and costs, filed. (lau) (Entered: 03/06/1995)

Memorandum by James Lyons in 4:89-cv-00031, Fitzpatrick Perry in 4:89-cv-00031, Guy H. Levia in 4:89-cv-00031, Frank Ginese in 4:89-cv-00031 in support of [119-1] motion for a determination and award of attorney fees and costs, filed. (lau) (Entered: 03/06/1995)

Joint Affidavit of Douglas W. Salvesen and Michael R. Reinemann in 4:89-cv-00031, re: [119-1] motion for a determination and award of attorney fees and costs, filed. (lau) (Entered: 03/06/1995)

Affidavit of Mark A. Michelson, re: [119-1] motion for a determination and award of attorney fees and costs, filed. (lau) (Entered: 03/06/1995)

Certificate of Consultation re: [119-1] motion for a determination and award of attorney fees and costs, filed. (lau) (Entered: 03/06/1995)

Motion by Francis J. Holloway in 4:89-cv-00031, Paul X. Tivnan in 4:89-cv-00031, John R. Sharry in 4:89-cv-00031, Public Health, Mass in 4:89-cv-00031, Deborah Prothrow-Stith in 4:89-cv-00031, Worc County Sherrif in 4:89-cv-00031, Worcester County, Co in 4:89-cv-00031, Corrections, Dept. o in 4:89-cv-00031 to extend time to 3/28/95 for filing opposition to plaintiff's application for award of attorney's fees and costs, filed. (lau) (Entered: 03/23/1995)

Response by Francis J. Holloway in 4:89-cv-00031, Paul X. Tivnan in 4:89-cv-00031, John R. Sharry in 4:89-cv-00031, Public Health, Mass in 4:89-cv-00031, Deborah Prothrow-Stith in 4:89-cv-00031, Worc County Sherrif in 4:89-cv-00031, Worcester County, Co in 4:89-cv-00031, Corrections, Dept. o in 4:89-cv-00031 in opposition to [119-1] motion for a determination and award of attorney fees and costs, filed. (lau) (Entered: 03/31/1995)

Judge Rya W. Zobel . Endorsed Order entered mooting [124-1] motion to extend time to 3/28/95 for filing opposition to plaintiff's application for award of attorney's fees and costs. Opposition already filed 4/30/95. (lau)

Letter by Douglas W. Salvesen in 4:89-cv-00031 dated: 8/23/95 to: Ms. Dello Russo re: filing an emergency motion, filed. (lau) (Entered: 08/28/1995)

Letter by Worc County Sherrif in 4:89-cv-00031 by Edward F. O'Brien in 4:89-cv-00031 dated: 8/31/95 to: Ms. Dello Russo re: situations which have occured at the Worcester County Jail and House of Correction, filed. (lau) (Entered: 09/05/1995)

Emergency Motion by Joseph Sacco in 4:89-cv-00031, James Lyons in 4:89-cv-00031, Fitzpatrick Perry in 4:89-cv-00031, Guy H. Levia in 4:89-cv-00031, Frank Ginese in 4:89-cv-00031 to compel compliance with consent decree and request for sanctions arising from defendant's willful violation, filed. (lau) (Entered: 09/05/1995)

Motion hearing re: [128-1] motion to compel compliance with consent decree and request for sanctions arising from defendant's willful violation (lau)

Judge Rya W. Zobel . Clerk's Notes: re: motion for contempt (compel); Mr. O'Brien has a suggestion to correct the situation, which he had not yet discussed with Mr. Salveson. Counsel shall try to work out a solution and return; Motion hearing set for 9:30 9/11/95 for [128-1] motion to compel compliance with consent decree and request for sanctions arising from defendant's willful violation (lau) (Entered: 09/13/1995)

Motion hearing re: [128-1] motion to compel compliance with consent decree and request for sanctions arising from defendant's willful violation (lau)

Judge Rya W. Zobel . Clerk's Notes: re: motion hearing re motion for contempt (compel); after hearing, motion taken under advisement; granting [119-1] motion for a determination and award of attorney fees and costs Court Reporter: Ruggieri (lau) (Entered: 09/13/1995)

Notice of appearance of attorney for Worc County Sherrif in 4:89-cv-00031 by Michael A. Gray, filed. (lau) (Entered: 09/13/1995)

Motion by Worc County Sherrif in 4:89-cv-00031 to amend consent decree, filed. (lau) (Entered: 09/13/1995)

Memorandum by Worc County Sherrif in 4:89-cv-00031 in support of [132-1] motion to amend consent decree, filed. (lau) (Entered: 09/13/1995)

Response by Worc County Sherrif in 4:89-cv-00031 in opposition to [128-1] motion to compel compliance with consent decree and request for sanctions arising from defendant's willful violation, filed. (lau) (Entered: 09/13/1995)

Judge Rya W. Zobel . Endorsed Order entered granting [119-1] motion for a determination and award of attorney fees and costs. Plaintiffs' counsel are awarded the amount of $106,917.40 for their fee and $12,776.29 for their expenses. Entered cc/cl (lau)

Assented to Motion by James Lyons in 4:89-cv-00031, Fitzpatrick Perry in 4:89-cv-00031, Guy H. Levia in 4:89-cv-00031, Frank Ginese in 4:89-cv-00031 to extend time to 9/25/95 to respond to defendant Flynn's Emergency motion to amend Consent Decree, filed. (lau) (Entered: 09/25/1995)

Memorandum by Joseph Sacco in 4:89-cv-00031, James Lyons in 4:89-cv-00031, Fitzpatrick Perry in 4:89-cv-00031, Guy H. Levia in 4:89-cv-00031, Frank Ginese in 4:89-cv-00031 in opposition to [132-1] motion to amend consent decree, filed. (lau) (Entered: 10/04/1995)

Letter from Michael D. Souza dated: 10/1/95 to: Judge Zobel re: consent decree, filed. (lau) (Entered: 10/05/1995)

Letter by Douglas W. Salvesen in 4:89-cv-00031 dated: 10/11/95 to: Ms. Dello Russo re: Worcester County Jail, filed. (lau) (Entered: 10/12/1995)

Letter from Thomas Finn dated: 10/2/95 re: examining records, filed. (lau) (Entered: 10/16/1995)

Letter Ralph Gobin dated: 9/27/95 to: Judge Zobel re: problems in jail, filed. (lau) (Entered: 10/30/1995)

Letter from John E. Carter III dated: 10/6/95 to: Judge Zobel re: problems in the jail, filed. (lau) (Entered: 10/30/1995)

Supplemental Memorandum by Joseph Sacco in 4:89-cv-00031, James Lyons in 4:89-cv-00031, Fitzpatrick Perry in 4:89-cv-00031, Guy H. Levia in 4:89-cv-00031, Frank Ginese in 4:89-cv-00031 in opposition to [132-1] motion to amend consent decree, filed. (lau) (Entered: 11/29/1995)

Terminated document: mooting [135-1] motion to extend time to 9/25/95 to respond to defendant Flynn's Emergency motion to amend Consent Decree Requested by ctd. (fmr)

Terminated document: terminating [132-1] motion to amend consent decree, terminating [128-1] motion to compel compliance with consent decree and request for sanctions arising from defendant's willful violation Requested by lau. (vah)

NOTICE of Appearance by Raymond J. Reed on behalf of Worcester County Sheriff (Reed, Raymond) (Entered: 05/30/2006)

MOTION to Vacate Consent Decree by Worcester County Sheriff.(Reed, Raymond) Additional attachment(s) added on 5/30/2006 (Jones, Sherry). Additional attachment(s) added on 6/1/2006 (Johnson, Jay). (Entered: 05/30/2006)

NOTICE by Worcester County Sheriff of Substitution for John M. Flynn (Reed, Raymond) (Entered: 05/30/2006)

MEMORANDUM in Support re 144 MOTION to Vacate Consent Decree filed by Worcester County Sheriff. (Reed, Raymond) Additional attachment(s) added on 5/30/2006 (Jones, Sherry). (Entered: 05/30/2006)

DECLARATION Pursuant to Local Rule 7.1 by Worcester County Sheriff. (Reed, Raymond) (Entered: 05/30/2006)

NOTICE by Worcester County Sheriff of Hand Filing of Attachments (Reed, Raymond) (Entered: 05/30/2006)

Letter/request (non-motion) from Raymond J. Reed. (Reed, Raymond) (Entered: 05/30/2006)

Letter/request (non-motion) from Raymond J. Reed requesting action on pending motion. (Johnson, Jay) (Entered: 08/03/2006)

Judge Rya W. Zobel : ORDER CONCERNING CONSENT DECREE entered. (Johnson, Jay) (Entered: 08/04/2006)

Response by Fitzpatrick Perry, Guy H. Levia, Frank Ginese, James Lyons, Joseph Sacco to 151 Order Concerning Consent Decree. (Salvesen, Douglas) (Entered: 08/24/2006)

Response by Worcester County Sheriff to Counsel's Response to August 4, 2006 Order Concerning Consent Decree. (Reed, Raymond) (Entered: 08/25/2006)

Supplemental Response by Worcester County Sheriff. (Reed, Raymond) (Entered: 08/31/2006)

AFFIDAVIT of Jeffrey R. Turco, Esquire by Worcester County Sheriff. (Attachments: # 1)(Reed, Raymond) (Entered: 08/31/2006)

AFFIDAVIT of Jeffrey R. Turco. (Sonnenberg, Elizabeth) (Entered: 09/01/2006)

MOTION Immediately Terminate Consent Decree of 1989 by Worcester County Sheriff.(Reed, Raymond) (Entered: 11/02/2006)

MEMORANDUM in Support re 157 MOTION Immediately Terminate Consent Decree of 1989 filed by Worcester County Sheriff. (Reed, Raymond) (Entered: 11/02/2006)

Opposition re 157 MOTION Immediately Terminate Consent Decree of 1989, 144 MOTION to Vacate Consent Decree filed by all plaintiffs. (Salvesen, Douglas) (Entered: 11/03/2006)

NOTICE of Withdrawal of Appearance by Raymond J. Reed Withdrawal of Michael Gray (Reed, Raymond) (Entered: 12/11/2006)

Notice of correction to docket made by Court staff. Correction: #160 Notice of Withdrawal corrected because: UNSIGNED DOCUMENT. E-mail sent describing the fix. (Johnson, Jay)

NOTICE of Withdrawal of Appearance Attorney Michael A. Gray terminated. (Jones, Sherry) (Entered: 12/14/2006)

Judge Rya W. Zobel : ORDER CONCERNING CONSENT DECREE entered reserving ruling on 144 Motion to Vacate, reserving ruling on 157 Motion to terminate consent decree. ("parties shall appear on 1/16/07 at 2:00 pm for a pre-hearing conference preparatory to a evidentiary hearing".) (Johnson, Jay) (Entered: 12/15/2006)

NOTICE of Appearance by William D. Saltzman on behalf of Corrections, Commissioner of (Saltzman, William) (Entered: 12/21/2006)

ElectronicClerk's Notes for proceedings held before Judge Rya W. Zobel : Prehearing conference held on 1/16/2007. Plaintiff to visit the jail and work out an agenda with defendant by 2/1/07; Possible dates to visit jail 3/19/07; defendant's objections noted; Status report by 2/1/07; (Court Reporter Catherine Handel.) (Urso, Lisa)

NOTICE of Appearance by Peter J. Costanza on behalf of all plaintiffs (Costanza, Peter) (Entered: 01/16/2007)

Assented to MOTION for Protective Order by Fitzpatrick Perry, Guy H. Levia, Frank Ginese, James Lyons, Joseph Sacco. (Attachments: # 1 Text of Proposed Order)(Costanza, Peter) (Entered: 01/31/2007)

Set/Reset Deadlines: Status Report re: agenda due by 2/15/2007. (Urso, Lisa)

Judge Rya W. Zobel : ORDER entered. PROTECTIVE ORDER(Urso, Lisa) (Entered: 02/02/2007)